HomeMy WebLinkAbout9050-9062RESOLUTION NO. 9062 (2000 Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY
COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION
COMMISSION APPROVE ANNEXATION NO. 51 -00
AT 12395 LOS OSOS VALLEY ROAD; FROOM RANCH ANNEXATION
(ANNX 51 -00)
WHEREAS, the Planning Commission and City Council have held public
hearings on the proposed Froom Ranch Annexation; and
WHEREAS, the City Council on July 5, 2000, by Resolution No. 9061 (2000
Series), approved the Mitigated Negative Declaration for the proposed annexation,
prezoning and minor subdivision, pursuant to the California Environmental Quality Act
Guidelines Section 15090; and
WHEREAS, on recommendation of the Planning Commission and as a result of
its deliberations, the Council on July 5, 2000, by Ordinance No. 1371 (2000 Series)
approved the prezoning for the annexation of property ]mown as the Froom Ranch
Annexation; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo
County Local Agency Formation Commission to initiate formal annexation proceedings;
and
WHEREAS, the territory to be annexed is uninhabited, and a description of the
boundaries of the territory is set forth in Section 2; and
WHEREAS, this proposal is consistent with the sphere of influence of the
affected city;
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1: Findings.
1. The annexation is appropriate since the site is contiguous to the City on its north side
and the site is within the urban reserve line of the City.
2. The annexation of the site is a logical addition to the City due to its location in
relation to existing urban development.
3. The annexation is consistent with the goals and policies of the City's General Plan.
SECTION 2: Annexation Area Described. The Froom Ranch Annexation
consists of that area, including approximately 53 acres on the southwest side of Los Osos
R 9062
Resolution No. 9062 (2000 Series) J
Page 2
Valley Road, generally east of Madonna Road and west of Highway 101, in the County of
San Luis Obispo, being Assessor's Parcel Number 067 - 241 -019, as shown on the
attached map, Exhibit A, and legally described in the attached Exhibit B.
SECTION 3: Council Recommendation. The City Council recommends that the
Local Agency Formation Commission of San Luis Obispo County approve the proposed
annexation subject to property owner compliance with City requirements regarding
environmental mitigation and public improvements as described in the project's
Mitigated Negative Declaration and minor subdivision, in accordance with California
Government Code Section 56844 et seq.
SECTION 4: Implementation. The City Clerk shall forward a copy of this
resolution and prezoning actions, the EIR, and all pertinent supporting documents to the
Local Agency Formation Commission.
On motion of Council Member Romero, seconded by Vice Mayor Schwartz, and
on the following roll call vote:
AYES: Council Members Ewan, Romero, Vice Mayor Schwartz and
Mayor Settle
NOES: Council Member Marx
ABSENT: None
The foregoing resolution was passed and adopted this 5`s day of July 2000.
APPROVED AS TO FORM:
City Attorney Jeff Jorgensen
Allen
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PROPOSED ANNEXATION
Total Area = 54.17 Acres
Net Area - 52.97 Acres oess LOVR)
Vote
Legal description is based upon 71 RS 87.
,VICINITY MAP
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FROOM RANCH
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AN N'FXAT.I-O;N
OF PARCEL 2 OF' COAL 97-182 IN
THE COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA.
CENTRAL COAST ENGINEERING
396 BUCKLEY ROAD SAN LUIS.OBISPO, CA 93401
•SWARY 2000 SHEET ONE OF ONE E2211
Resolution 90� -'; (2000 Series) ���CH1131't"
FROOM RANCH ANNEXATION TO THE CITY OF SAN LUIS OBISPO
All that real property situate in the County of San Luis Obispo, State of California being
a portion of Lots 60 and 68 of the Rancho Canada de Los Osos and La Laguna and a
portion of Los Osos Valley Road, maps of said Lots being recorded in Book. A of Maps
at Pages 83 and 84 in the office of the County Recorder of said County, a survey of
portions of said Lots being recorded in Book 71 of Records of Survey at Page 87 in the
office of said County Recorder, said portion of said Lots being more particularly
described as follows:
Beginning at the northeasterly corner common to said Lots 60 and 68, on the westerly
line of said Los Osos Valley Road, said point being the True Point of Beginning;
Thence, along the northeasterly line of said Lot 68 and said westerly line of Los Osos
Valley Road, S32 °42' 14 "E 786.01 feet; Thence, leaving said northeasterly line and
said westerly line along the following courses: S57°01'52"W 798.63 feet;
N3r58'08"W 15.96 feet to a curve concave northerly which is tangent to a line which
bears 966055'33"W; along said curve, said curve, said curve having a radius of 64.00
feet, a central angle of 38 °59'27 ", and an arc length of 43.55 feet; N74°05'00"W 30.00
feet to a tangent curve concave southerly, along said curve, said curve having a radius
of 16.00 feet, a central angle of 48 °53'08 ", and an are length of 13.65 feet;
S57001'52"W 165.11 feet to a tangent curve concave northerly, along said curve, said
curve having a radius of 65.00 feet, a central angle of 62 058'08 ", and an are length of
71.44 feet; N60100'00"W 87.77 feet; S82°20'32"W 143.16 feet; N77°26'25"W
207.79 feet; N81°36'50 "W 220.62 feet; N56°26'12"W 136.77 feet; N44022'51"W
108.70 feet; N14040'57"W 307.82 feet; N04028'04"W 112.28 feet; N39 °08'4T'W
42527 feet to a point on the northwesterly line of that certain portion of said Lot 60
described in Deed recorded in Volume S of Deeds at Page 19 in the office of said
County Recorder, Thence, along said northwesterly line, N57'01152"E 1550.00 feet to
a point on the northeasterly line of said Lot 60 and said westerly line of Los Osos
Valley Road; Thence, across said Los Osos Valley Road, N57*01'52"E 66.00 feet to a
point on the easterly line of Los Osos Valley Road and.the existing City Limits of the
City of San Luis Obispo; along said easterly line S32 °42' 14"E 793.67 feet to a corner
of said City Limits; Thence, across said Los Osos Valley Road, S57°01'52"W 66.00
feet to the True Point of Beginning. Containing 54.17 acres.
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RESOLUTION NO. 9061(2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING PARCEL MAP, SUBDIVIDING A 53 -ACRE SITE INTO 4
COMMERCIAL PARCELS AT 12395 LOS OSOS VALLEY ROAD
(MS 51 -00, County File: SLO 00 -041)
WHEREAS, the Planning Commission conducted a public hearing on May 24, 2000 and
recommended approval of Vesting Parcel Map MS 51 -00; and
WHEREAS, the City Council conducted a public hearing on July 5, 2000 and has
considered testimony of other interested parties, the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with mitigation as prepared by staff and reviewed by the Planning
Commission.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of the
proposed project, and reflects the independent judgement of the City Council. The Council
hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation
measures into the project:
1. Future development shall include:
1. bicycle parking and shower and locker facilities for employee use;
2. continued sidewalk along the property;
3. outdoor employee rest area to encourage employees to stay on site during the lunch
hour; and
4. extensive tree planting in the parking areas to help reduce evaporative emissions from
automobiles.
2. New buildings constructed on this site shall incorporate the following as feasible:
5. skylights to maximize natural day lighting;
6. operable windows to maximize natural ventilation; and
7. energy - efficient lighting systems for both interior and exterior use.
If these features are not included or feasible in the design of new buildings, the project
architect shall document why they were determined to be infeasible. The Community
Development Director shall review this document and make a final decision as to the
feasibility of incorporating these energy conserving features.
Resolution No. 9061 (2000 Series)
Page 2
3. Any future development adjacent to residential areas shall require a noise analysis and
mitigation in order to comply with the City's Noise Standards contained in the General Plan.
4. Future site development shall include a solid waste recycling plan for recycling discarded
building materials, such as concrete, sheetrock, wood, and metals, from the construction site.
The plan must be submitted for approval by the Community Development Director, prior to
building permit issuance.
5. Existing and future site development shall incorporate convenient facilities for interior and
exterior on -site recycling. A description of current recycling efforts and any plans to expand
those efforts shall be submitted to the Community Development Department prior to City
Council review of the annexation request.
6. Exterior lighting shall be directed downward and not spill onto adjoining properties. The
maximum height of lighting equipment and supporting structures, including fixture(s),
standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels
measured at finished grade directly beneath the fixture shall not exceed 10 footcandles.
7. Any future development shall be subject to the City's architectural review process to ensure
against negative aesthetic impacts and compliance with City development standards
including the Scenic Highways section of the Circulation Element.
8. Future site development shall be subject to further analysis as part of the development review
process to ensure compliance with City standards and the payment of City traffic impact fees
which were established (Resolution No. 8406) to mitigate the impacts of new development
on the City's streets, transit, and bikeway facilities.
9. Future development shall be located away from active faults per State law and the Safety
Element..
SECTION 2. Findin s. That this Council, after consideration of the Vesting Parcel Map
TR 51 -00 and the Planning Commission's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following findings:
1. The design of the minor subdivision and proposed improvements are consistent with the
General Plan, which allow the division of land in accordance with the City's subdivision
regulations.
2. The site is physically suited for the type and density of development allowed in the Retail
Commercial (C -R) zone, because the lots have adequate size and frontage for commercial
uses, consistent with the subdivision regulations.
3. The design of the subdivision or the type of improvements will not conflict with easements
for access through, or use of property within the proposed subdivision.
R 9061
Resolution No. 9061 (2000 Series)
Page 3
4. As conditioned, the design of the subdivision and the proposed improvements are not likely
to cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
An initial study of environmental impacts was prepared by the Community Development
Department on May 10, 2000, describing potential environmental impacts associated with the
annexation, prezoning and subdivision of the property. Based on the review of the certified
EIRs prepared for the Eagle Hardware project, and the City's Land Use Element Update EIR
and Supplement, and relevant reference documents in the Community Development
Department, the City Council has determined that there is no evidence that the project will
have any significant adverse impact on the environment.
SECTION 3. Approval. The request for approval of Vesting Parcel Map for MS 51 -00
is approved subject to the following conditions and code requirements:
(Parcel Map Conditions)
1. The subdivider shall comply with all adopted mitigation measures for the Froom Ranch
project including the Eagle Hardware EIR and Mitigated Negative Declaration ER 51 -00.
2. All conditions established under the County Development Plan D970143D shall be
conditions of this parcel map except:
a. That the proposed traffic signal shall be located at the proposed street entrance
between parcels 1 and 3 along with any modifications and extensions to the
proposed median island to accommodate the new traffic signal location, to the
satisfaction of the Director of Public Works.
b. Drainage improvements across parcel 3 shall be extended across the frontage of
parcel 1, to the satisfaction of the Director of Public Works.
3. The full width of the proposed onsite main access road between the parcels shall be "offered"
for public purposes on the (final) parcel map, but not accepted by the City until some future
date, based on future possible subdivision or development proposals and/or at the discretion
of the City. This road shall be improved to City standards (with 13.4m curb -curb) and
terminated as a cul -de -sac (12.2m curb radius), to the satisfaction of the Director of Public
Works. The cul de sac location may be adjusted to accommodate the approved Home Depot
project, to the satisfaction of the Director of Public Works. Street improvements shall consist
of curb, gutter, sidewalk and full width street pavement (based on a T.L= 8.5); to the
satisfaction of the Director of Public Works. The (9.14 in (30 ft.) wide access road between
Parcels 1 & 2 shall likewise be offered and increased to 40 ft. minimum and offered for
dedication as an easement for public sewer, water and other typical utilities, and pedestrian
access, to the satisfaction of the Director of Public Works.
'1.
Resolution No. 9061 (2000 Series)
Page 4
4. The subdivider shall dedicate vehicular access rights to the City along the Los Osos Valley
Road (LOVR) frontage, except at approved driveway and street locations shown on the
tentative parcel map and any additional driveway or street connection to Los Osos Valley
Road shall be specifically approved by the Community Development and Public Works
Directors.
5. The subdivider shall dedicate a 2m wide public utility easement adjacent to and contiguous
with all public right -of -way lines bordering each lot.
6. The subdivider shall dedicate a 3m wide street easement adjacent to and contiguous with all
public right -of -way lines bordering each lot.
7. If construction phasing of the new street pavement is proposed, the phasing shall provide for
the ultimate structural street section and pavement life (per the City's Pavement Management
Plan) prior to acceptance by the City. The improvement plans shall include a detail regarding
this requirement, to the satisfaction of the Public Works Director.
8. Public water, sewer and utility mains and services shall be extended to serve all parcels, to
the satisfaction of the Directors of Public Works and Utilities.
9. Installation of street trees and parkway landscaping shall be deferred until development of
each parcel.
10. All on -site drainage and detention facilities shall be privately owned and maintained.
11. A detailed hydrology study indicating the effects of the proposed development on adjacent
and downstream properties will be required as a condition of development of the respective
parcels. The scope of the study must include analysis of all existing public and private
drainage facilities and creek capacities between this property and an adequate point of
disposal and shall make recommendations for appropriate improvements that will reduce
flooding. Detention facilities will be required. All proposed detention basin and drainage
improvements (except those within a public street) shall be privately owned and maintained
by the property owner.
12. If the study identifies areas that are subject to flooding during a 100 -yr storm event the
developer shall process and complete a Federal Emergency Management Agency Letter of
Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of
any development. Any lots or building pads, identified in the hydrology study to be subject
to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations of at
least 1 foot above the 100 -yr storm elevation.
13. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc, shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
R 9061
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Resolution No. 9061 (2000 Series)
Page 5
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
14. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final map
where necessary (e.g. - all record data shall be entered on the map in the record units, metric
translations should be in parenthesis), to the approval of the City Engineer.
15. A digital copy of all "record drawing" improvement plans shall be submitted to the City
containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF)
for Geographic Information System (GIS) purposes, to the satisfaction of the Director of
Public Works.
16. Development of the respective parcels shall be in accordance with the City's adopted Bicycle
Transportation Plan.
17. Fire Department Access: Access for future development shall be in accordance with Article
9 of the California Fire Code. Access roads shall have an unobstructed width of not less than
20 feet. Access roads shall be designed and maintained to support the imposed loads of a
60,000 pound fire apparatus and shall be provided with a surface so as to provide all- weather
driving capabilities.
18. Water Supplies: Water supplies shall be in accordance with Sections 901 and 903 of the
California Fire Code. An approved water supply connected to the City distribution system
and capable of providing the required fire flow for fire protection is required. The fire flow
shall be determining using Appendix III -A of the California Fire Code. Any future
development shall connect to the City Water system for the purpose of providing the required
fire flow.
19. Fire Hydrants: Upon development, fire hydrants shall be installed in accordance with Section
903.4 of the California Fire Code. The location, number and type of hydrants connected to
the City system shall be determined using Appendix III -B of the California Fire Code and the
approved City Engineering Standards. The City Fire Department prior to installation shall
approve location of all fire hydrants. Hydrants shall be in- service prior to the stockpiling of
combustible building materials.
20. Fire Protection Systems and Equipment: Fire protection systems shall be in accordance with
the California Fire Code and California Building Code as amended by the City. Prior to
installation all fire protection equipment, valves, connections and locations shall be reviewed
and approved by the City Fire Department.
21. Fire Safety During Construction: Buildings undergoing construction, alteration or demolition
shall be in accordance with Article 87 of the California Fire Code.
R 9061
C�
Resolution No. 9061 (2000 Series)
Page 6
22. Plan Check: The City Fire Department shall coordinate with the County Fire Department and
conduct a parallel plan review of the proposed project. Every effort shall be made to
consolidate both agencies fire protection needs. All design submittals shall bear the stamp of
a professional engineer.
23. Permits: Prior to a certificate of occupancy, the facility shall obtain all required Uniform Fire
Code permits and submit a current Hazardous Materials Business Plan.
24. Hazardous Materials: The storage, use and handling of hazardous materials, aerosols,
flammable and combustible liquids shall be in accordance with the Uniform Fire Code.
25. The conditions associated with this approval do not override, supersede or modify the County
approvals for Development Plan D970143D, except as noted in Condition 2.
26. Provided that it is acceptable to the County, the applicant shall dedicate the County required
open space easement to the City.
27. The applicant shall protect the historic resources and historic resources buffer around the
Froom Ranch buildings as required by the County approval for the Eagle Hardware project.
28. The subdivider shall enter into an indemnity agreement with the City in a form approved by
the City Attorney.
29. The minor subdivision approval shall go into effect upon the effective date of the
annexation.
(Code Requirements)
1. A water allocation is required, due to the additional demand on the City's water supplies.
Currently, a water allocation can only be obtained through the water retrofit program. The
City's Water Conservation division can help in determining the needed allocation and the
necessary number of retrofits. Water Conservation can be reached by calling 781 -7258. The
cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of
$150 per bathroom retrofitted.
2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued.
Both the Water and the Wastewater Impact Fees are based on the size of the water meter
serving each parcel.
3. If a well is to be used for domestic purposes, the domestic usage will be measured with a City
meter, in order to properly bill for wastewater collection. The well meter shall be installed in
accordance with City Standard 6240. An agreement for the metering of the private well must
be signed, notarized, and recorded with the County Recorder.
R 9061
Resolution No. 9061 (2000 Series)
Page 7
4. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
5. The owner's engineer shall submit water demand and wastewater generation calculations so
that the City can make a determination as to the adequacy of the supporting infrastructure. If
it is discovered that an offsite deficiency exists, the owner will be required to mitigate the
deficiency as a part of the overall project.
6. Depending on the proposed uses at the site, industrial waste /wastewater pretreatment
requirements may apply. The project shall be coordinated with the City's Industrial Waste
Coordinator.
7. A separate connection shall be required for automatic fire sprinklers. A monthly service fee
of $22.40 shall be required if the property does not have a connection to the City system for
domestic use.
8. On -site use of any well will be allowed to continue only on the parcel overlying the well.
Well water may be allowed to cross property lines in specific commercial instances, and
subject to the approval of the Utilities Director. Upon failure of the well, the owner will be
required to connect (if not already connected) to the City water distribution system. If
development occurs under City jurisdiction, the applicant shall develop an allocation and pay
water impact fees, even if the property is not connected to the City water system.
9. The applicant can use their well water for domestic use and irrigation while connecting to the
City water system for fire protection once the property is annexed to the City. They will need
to develop an allocation and pay impact fees at the time a building permit is issued for any
new buildings. If the applicant chooses to be connected to the City system for fire protection
without having a meter for domestic use, they will be required to pay a small monthly water
system `access charge' for the fire sprinkler connection.
lo. The nearest point of connection to the City sewer system is in Los Osos Valley Road in front
of 1484 Auto Parkway. This 8" sewer main shall be extended across the LOVR frontage of
the subject property. The requirement to extend the sewer main across the entire frontage
may be lessened if it is determined that no other properties to the north of the Froom Ranch
will require service to this main line extension as determined by the Utilities Engineer. The
City may be able to develop a reimbursement agreement by which the developer could be
reimbursed for portions of the cost that are attributable to any "non - participating" properties
that would eventually connect service laterals directly to the new sewer main.
11. The applicant will be required to pay the fair share cost of the additional capacity of the
Laguna Lift Station and the Howard Johnson Lift Station needed to serve the development.
R 9061
Resolution No. 9061 (2000 Series)
Page 8
Upon motion of Council Member Romero seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan, Romero, Vice Mayor Schwartz, Mayor Settle
NOES: Council Member Marx
ABSENT: None
The foregoing resolution was adopted this 5`h day
APPROVED AS TO FORM:
Jeffrey G. Jorgens City Attomey
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RESOLUTION NO. 9060 (2000 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING FUNDING TO FORTY -ONE AGENCIES IN
THE AMOUNT OF $100,305 FOR FISCAL YEAR 2000 -01
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and
distributed Grants -in -Aid funding to community organizations which provide cultural and
tourism promoting recreational services to residents and visitors; and
WHEREAS, funding for the Grants -in -Aid program has been included in the
2000 -01 Financial Plan for the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A"
shall be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified
in Exhibit "A" and the City Administrative Officer is authorized to execute such
contracts.
Upon motion of Vice Mayor Schwartz, seconded by Council Member Ewan and
on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Schwartz, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5 day of July, 2000:
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
effrey Jorgensen, ity Attorney
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EXHIBIT A
PROM. FIONAL COORDINATING C iAMITTEE
2000 -01 GRANT -IN -AID SUMMARY
ORGANIZATION
99 -00
Grant
00 -01 Request
00 -01
Recomm'd
Arthritis Foundation (Wine Festival )
$2,000
$3,200
$2,250
Cal Poly Arts
2,400
3,000
2,000
Central Coast Basketball Club
n/a
5,000
2,000
Central Coast Children's Choir
1,300
2,000
750
Central Coast Senior Babe Ruth
500
1,000
0
Central Coast Shakespeare Festival
2000
8,000
(A) 4,000
Children's Creative Project
4,800
10,000
(A) 5,850
City To Sea Mini Marathon
2,000
2,000
2,000
Civic Ballet Of San Luis Obispo **
2,900
3,000
1,400
Cuesta College Art Gallery
2,400
2,875
2,500
Cuesta College Writers Conference
1,000
1,000
1,000
Edna Valley Arroyo Grande Vintners Assn
1,000
5,750
1,000
eXindi o!
1,000
2,000
1,300
First Night San Luis Obispo
6,300
6,000
5,300
Friends Of SLO Botanical Garden
3,300
4,435
(A) 3,935
Gilbert Reed Ballet **
2,900
3,000
1,400
Gold Coast Chorus Of SLO City
n/a
2,300
1,800
KCBX Inc. (Wine Classic)
2,000
5,000
2,200
KCPR - Radio - Cal Poly Radio
n/a
3,000
2,000
La Fiesta De San Luis Obispo
(E/P) 6,000
6,000
3,600
MAY - Music & The Arts For Youth
3,000
4,250
2,000
Mozart Festival Association
4,800
6,000
A) 5,600
M stik Krewe Of Kamival (Mardi Gras )
4,800
10,000
2,400
PAC Outreach - Summer Series
1,700
3,200
2,000
PAC Outreach - YOPAC
1,080
3,000
1,000
Pacific Repertory Opera
3,000
5,500
3,200
Peninsula Players, Inc.
2,000
4,030
2,220
San Luis Chamber Orchestra
1,700
2,200
1,500
San Luis Obispo Art Center
3,000
4,000
3,000
San Luis Obispo Community Concert Assn.
2,000
3,000
2,000
San Luis Obispo County Arts Council
2,300
2,500
2,500
San Luis Obispo County Band
1,500
2,000
1,700
San Luis Obispo Downtown Association **
5,600
7,000
4,000
San Luis Obispo International Film Festival
4,800
6,000
4,000
San Luis Obispo Little Theatre
2,600
3,750
2,950
San Luis Obispo Poetry Festival
2,000
3,000
2,000
San Luis Obispo Soccer Club
500
1,300
750
San Luis Obispo Swim Club Seahawks)
1,750
6,000
2,000
San Luis Obispo Symphony
4,500
8,000
(A) 6,500
San Luis Obispo Vocal Arts Ensemble **
3,000
3,000
1,500
San Luis Obispo Youth Symphony **
1,500
3,000
1,200
TOTAL 1699290 1009305
AVAILABLE (INCL. CARRY -OVER) 103,705
RESERVE 3,400
(A) = Anniversary Year
** = Late application
G:UE0RGEIPCC%G1A 2000- 011G7A R=mmwda6on Summary.dx
� 1 V
RESOLUTION NO. 9059 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO THIRTY -TWO AGENCIES IN THE AMOUNT OF
$105,600 FOR FISCAL YEAR 2000 -01 THROUGH
THE HUMAN RELATIONS COMMISSION
WHEREAS, the City of San Luis Obispo supports non - profit agencies which provide
human and social services to the residents of the City of San Luis Obispo through its annual
Grants -In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid program has
been included in the 2000 -01 Financial Plan for the City of San Luis Obispo
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That agencies attached hereto marked Attachment "1" shall be provided
funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Attachment "1 ", and the CAO is authorized to execute such contracts.
Upon motion of Council Member Romero, seconded by Council Member Marx, and on
the following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Schwartz, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5`s day of July, 2000.
Mayor Allen
A
Lee Price, City Clerk
APPROVED AS TO FORM:
V
Jeffrey G. Jorgensen, City A rney R9059
Attachment 1
HUMAN RELATIONS LOMMISSION Final Recommdations
2000 -01 GRANTS -IN AID RECOMMENDATIONS 5/4/00
1999 -00 Funds Awarded $102,600
2000 -01 Funds Available $105,600
G:HRC/GIA2000-01 REC.XL
AGENCY
1999 -00
2000 -01
2000 -01
AWARDED
REQUESTED
HRC RECOMMENDED
1
Aids Support Network
$4,000
$12,900
$8,000
2
ALPHA
$1 00
$2 00
$1,500
3
Altrusa of Cinco Ciudades
$300
$1000
$500
4
Alzheimer's Association
$0
$750
$750
5
American Red Cross
$4 000
$6 000
$4,000
6
Arts Council - Smart
$0
$19050
$1,000
7
Big Brothers/Big Sisters
$1750
$3 00
$29550
8
Camp Fire
$1 00
$29000
$1 00
9
Casa Solana, Inc.
$59000
$109000
$5,000
10
Child Development Center
$9 000
$%500
$%000
11
Easter Seals - Tri County
$1500
$2 00
$2 00
12
EOC Child Care Resource Connection
$3,000
$49500
$49500
13
IEOC Health Services - 40 Wonderful
$3,000
$2 000
$2,000
14
1 EOC Mentoring Services
$0
$750
$750
15
IEOC Health Services - Senior Health Screening
$39000
$3,000
$39000
16
Family Services Center
$4,000
$4,500
$4,500
17
Hospice
$49200
$109000
$4400
18
Hotline of SLO County
$3 400
$6,000
$4 400
19
Lifer an - ADCare
$2400
$2 V500
$2,500
20
Lifer an - Caring Callers
$1000
$1 00
$1,250
21
1 Lifer an - RSVP
$1000
$1 00
_ $1 00
22
1 Lifer an - Senior Peer Counseling
$1,750
$1,900
$1900
23
1 Life Steps Foundation
$750
$5450
$750
24
1 Literacy Council
$37000
$5 000
$5 000
25
ILong Term Care Ombudsman
$1 00
$3 000
$3,000
26
lRape Crisis Center
$59800
$6 000
$5 800
27
Senior Legal Services (SLOLAC)
$500
$1464
$1 50
28
Senior Nutrition Program
$29001)
$2500
$2400
29
SLOCO Access
$1500
$3180
$3,000
30
Transitions - Mental Health Association
$3,000
$5,544
$4 000
31
Voices for Children CASA
$39500
$59850
$4 00
32 1
Women's Shelter
$99000
$129000
$9,000
TOTAL 1
$85,950 1
$139438
$1057600
1999 -00 Funds Awarded $102,600
2000 -01 Funds Available $105,600
G:HRC/GIA2000-01 REC.XL
� o n
4/ `��
RESOLUTION NO. 9058 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION FOR THE PERIOD OF
JULY 19 2000 — JUNE 309 2002
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Staff Officers' Association ( SLOPSOA), attached hereto as Exhibit
"A" and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Joe Hazouri, SLOPSOA President and
Ann Slate, Director of Human Resources.
Upon motion of Council Member Romero, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Member Ewan, Marx, Romero, Schwartz, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of July, 2000.
Mayor Alien Settle
APPROVED AS TO FORM:
Jeffrey G. Jo ensen, City -Attoni 4y
R9058
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE STAFF OFFICERS.` ASSOCIATION
JULY 1, 2000 - JUNE 30, 2002
�����iiHi��i ai ���► iiil�ll��llll !Bl;i�i�ii�i�u�►���iIIINR►� c ty of
s an tUI s OBISPO
TABLE OF CONTENTS
Article-. No..
Title Page-Now
1
Parties to Agreement ................
2
Recognition .........................................................
2
3
Check Off /Dues Deduction ..... ...............................
3
4
Employee Rights ..................... ...... ..................
4
5
Management Rights ............ ...........................:...
5
6
Representative Role :............. ............................... 6
7
' Renegotiations ....:................... .,
8
Salary ............. ............................... :::..:.:.::.:...... 8
9
Overtime ... ...:.:................. ,..,..:. :.....::.......
10
1.0
Payday ...,,....:....., ..::..... ....:.......................... .....
14
1 1
General Provisions .:............ ...............................
15
12
Health Care Insurance ......... ...............................
16
13
Retirement ...........:............. ...............................
20
14
Uniform Allowance ............... :......... ........ ... :::..;,
21 .
15
Holidays :... ...,......... :... ......................:..22
16
Vacation Leave ................... .......................:........
24
17
Administrative Leave ........... ::.::..:..:....................
26
18
Sick Leave .......................... ..........:....................
28
19
Family Leave.. ...................................................
29
20
Bereavement Leave ............. ...............................
32
21
Grievance Procedure ........... :..............................
33
O
O
22 Disciplinary Action .............. ............................... 36
23 Impasse Procedure .............. ............................... 37
24 Full Agreement ................... ............................... 40
25 Savings Clause ................... ............................... 41
26 Term of Agreement ............. ............................... 42
27 Authorized Agents ............................................. 43
28 Term of Agreement ............. ............................... 44
i
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 5" day of July, 2000, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the
San Luis Obispo Police Staff Officers' Association, hereinafter referred to as the
Association.
1
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No.
6620 (1989 Series), the City hereby recognizes the San Luis Obispo Police Staff
Officers Association as the exclusive bargaining representative for purposes of
representing regular and probationary employees occupying the position
classifications of Police Sergeant, Police Lieutenant and Police Captain for the
duration of this Agreement.
G]
ARTICLE-3
CHECK OFF /DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association on a semi - monthly basis for the duration of this Agreement,
which dues shall not include assessments.
3.2 Monthly dues deduction, additions, and /or deletions shall be recorded by
the City's Finance Officer and a notification of all dues transactions shall
be sent semi - monthly to the Association President.
3.3 The Association shall hold, the City harmless from. any and all claims, and
will indemnify it against any unusual costs in implementing these
provisions.
3
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters -of employer- employee relations including, but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to .refuse to join or participate in
the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against .
because of the exercise of these rights.
4
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissions and boards;
set standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve
its employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of government operations; determine the methods, means
and personnel by which government operations are, to be conducted; determine
the content of the job classifications;.take all necessary actions to carry out its
mission in emergencies; and "exercise complete control and discretion over its
organization and the technology for performing its work.
5
ARTICLE-6
REPRESENTATIVE ROLE
Members of the Association may; by a reasonable method, select.not more than
three employee members and one employee observer to meet and confer with
the Municipal Employee Relations Officer and other management officials (after
written certification of such selection is provided by the Association) on subjects
within the scope of representation during regular duty or work hours without loss
of compensation or other benefits. The Association shall, whenever practicable,
submit the name(s) of each employee representative to the Municipal Employee
Relations Officer at least two working days in advance of such meetings.
Provided further:
(1) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the Police Chief or
other authorized City management officials. If employee
representatives cannot be released, the date. of the meeting will be
rescheduled in accordance with item (2) below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing
provided herein, however, shall limit or restrict.City management from
scheduling such meetings before or after regular duty or work hours.
0
ARTICLE 7
RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make
changes to this Agreement, that party shall serve upon the other its written
request to negotiate, as well as its initial proposals for an amended Agreement.
Such notice and .proposals must be submitted to the other party between 15
April and 1 May. If notice is properly and timely given, negotiations shall
commence no later than 15 May.
I.1
N
8.2
ARTICLE 8
SALARY
'7
SALARY PROVISION FOR THE`TERM OF AGREEMENT
The parties agree to a salary increase as set forth below to be effective on
the first day of the first full payroll period in the month listed, for all
employees in the Association employed by the City on the date this
agreement is formally approved by the City Council;
July 2000 2.0%
January 2001 2.5%
July 2001 2.0%
January ,2002 2.5%
In addition, the Police Captains and Police Lieutenants will receive a 1.0%
market /equity increase effective the first day'of the first full pay period in
July 2000 and in July 2001..
RULES GOVERN ING. STEP] NCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (A through F). Steps A through
E equal 95 % of the next. highest step, computed to the nearest one
dollar.
Step E =
95% of Step F
Step D
= 95% of Step E
Step C
95% of Step D
Step B
= 95% of Step C
Step A
= 95 %. of Step B
Each across -the board % salary increase shall raise step F of the
respective range by the %. After all step F's of salary ranges have
been established, each step F shall be rounded off to the nearest
$1.00 and the remaining steps established in accordance with the
above formula..
2. The time in step progression for employees with satisfactory
performance will be as follows:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
1 year at Step E
3. Employees who are eligible for advancement to step E or F must
receive a "Meets Performance Standards" or better on the overall
rating on their most recent Performance Appraisal prior to or
coincident with their being eligible for advancement by time in grade.
4. The Police Chief shall be authorized to reevaluate employees who
reach Step F in their pay range. An employee who is not performing
up to standard for the sixth step shall be notified in writing that the
Police Chief intends to reduce him /her one step unless his /her job
performance improves significantly within a 60 day period. Unless the
employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction .shall then become effective. The
sixth step may be reinstated at any time upon recommendation of the
Police Chief. If the Police Chief deems it necessary to again remove
the sixth step during the same fiscal year, he /she may make the
change at any time with three business days' advanced written notice.
9
ARTICLE 9
OVERTIME - SERGEANTS
9.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in
the employee's 28 day work period. Vacation, holidays, sick leave, IOD,
and compensatory time off shall be considered hours worked when
computing overtime.
9.2 ELIGIBILITY
Sergeants (except the Administrative Sergeant) shall be eligible for
overtime pay.
9.3 SHIFT ADJUSTMENT
A. In the matter of shift adjustments, it is agreed that the following guidelines
will be followed:
B. In any situation necessitating a shift adjustment, volunteers will first be
sought.
C. Shift adjustments will not be for more than two hours.
D. Shift adjustments for special units or assignments are not covered by this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander:
E. Whenever volunteers cannot be located, Sergeants assigned will be
chosen sequentially by seniority.
F. Generally, no more than two Sergeants per shift should be ordered to
adjust unless an specific event necessitates it.
10
G. At least 14 days notice .will normally be given, but in no event will less
than seven days notice be given, for an ordered shift adjustment.
H. A Sergeant authorized to shift adjust will not suffer loss of briefing pay or
other normal benefit.
I. Sergeants will ,be given at least ten hours between shifts for ordered non =
emergency shift adjustments.
J. Shift adju "stments will not be ordered to deal with court, or shift
continuation unless it is necessary to insure the Sergeant has adequate
rest. If court or another assignment prevents a Sergeant from getting
proper rest between .shifts, the Sergeant and the Watch Commander may
arrange a'shift adjustment to meet this need. With approval, the Sergeant
could opt to use adjusted court time towards normal work hours instead of
Overtime, or to adjust shift start time up to four hours. In cases where the
Watch Commander determines an adjustment is warranted but does not:
have sufficient manpower, he is authorized to bring in a replacement (on
O /T) for up to four hours.
K. Shift adjustments will not be liimited by day or time except as articulated
above.
L. It is notes that either party may reopen these issues at the time of
contract renewal.
9.4 COMPENSATION
A. Overtime hours 161 through 171 worked in the employee's 28 day
work period, shall, at the employee's option, be compensated in cash
11
_J
at time and one half the employee's regular rate of pay or in time off
compensated at time and one half. However, no employee shall
accumulate and have current credit for more that 48 flours of
compensatory time off.
B. Overtime earned in excess of the first 11 hours of overtime earned in
the employee's 28 day work period, shall be compensated in cash at
time and one half the employee's regular rate of pay.
9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work
outside of the employee's normal work. hours,. if a minimum applies as
found in this article, then the employee has the choice of taking the,
minimum or taking the pay for the work actually performed..
9.6 CALL -BACK
Employees called back to work at other than their normally scheduled shift
shall be guaranteed two -hour minimum payment at time and one half.
9.7 COURT TIME
A. Employees reporting for court duty shall be guaranteed two hours
minimum payment at straight. time when assigned to the day watch or
three hours minimum at straight time when assigned to night watch..
B. Employees required to work through the lunch break while on court
duty shall be credited with time worked.
C-. Two or more court cases occurring within the minimum time period
shall be subject to a single minimum payment.
12
9.8 ROLL CALL BRIEFING
Employees .who are required to attend roll call briefing, and do, shall be
paid for such attendance. Payment shall be considered overtime and paid
as such if the hours fall within the definition of overtime.
9.9 TRAINING
Employees called back for training sessions authorized by the Police Chief
or Watch Commander shall be guaranteed two -hour minimum payment at
straight time.
9.10 RANGE QUALIFICATIO
A. Sworn personnel shall be guaranteed two hours at straight time when
participating in range qualification training when off duty.
B. Each sworn employee who shoots for qualification shall be provided
100 rounds of practice ammunition each month.
13
ARTICLE.10.
PAYDAY
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
14
ARTICLE 11
ENERAL PROVISIONS
11 .1 PAYCHECKS PRIOR -TO VACATION:
If an employee is taking vacation leave and wishes to receive his regular
paycheck before payday, the employee must notify the Finance
Department in writing at least two. weeks prior to the start of vacation
provided the employee has sufficient vacation time coming to cover the
pay period.
11.2 MANAGEMENT_ BENEFIT:
Employees filling these positions shall receive $25,000 term life
insurance, paid by the City, for recognition of their management
responsibilities. Effective January 1, 1999, long -term disability insurance
shall no longer be provided at City cost.
11.3 WORKING CONDITIONS:
An officer's place of residence shall be within a 45 minute driving radius
from the San Luis Obispo Police Department.
15
ARTICLE 12
HEALTH CARE INSURANCE
12.1 CONTRIBUTION
City agrees to contribute $400.00 per month for medical, dental, vision
and life insurance for each regular; full -time employee covered by this
Agreement.
12.2 INSURANCE COVERAGE
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit. Program
with the "unequal contribution option" at the PERS minimum contribution
rate, currently $16:00 per month for active employees and' 51.00 per
Month for retirees. The City's contribution toward retirees shall be
increased by 5% per year of the City's contribution for the active
employees until such time as the contributions for employees and retirees
are equal. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan. The cost.
of the City's participation in PERS will not require the City to expend
additional funds toward health insurance beyond what is already provided
for above in Section A. In. summary, this .cost and any increases will be
borne by the employees.
12.3 Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the
i
unused portion of the City's contribution (after dental and vision is
deducted) in cash in accordance with the City's .Cafeteria Plan, Those
employees will also be assessed $16.00 per month to be placed in the
Retiree Health Insurance Account. This account will be used to fund the
Retiree Health Insurance Account. This account will be used to fund the
City's contribution toward retiree premiums and the City's costs for the
Public Employee's Contingency Reserve Fund and the Administrative
Costs. However, there is no requirement that these funds be used
exclusively for this purpose nor any guarantee that they will be sufficient
to fund retiree health costs, although they will be used for negotiated
employee benefits.
1.2.4 Dental and Vision 'Insurance /Dependent Coverage
Employees will be required to participate in the City's dental and vision .
plans at the employee only rate. Should they elect to cover dependents
in the City's dental and vision plans, they may do so, even if they do not
have dependent coverage under PERS.
12.5 Life insurance
Employees in the Police Staff Officers: Unit shall have life insurance
coverage of Twenty -five Thousand Dollars ($25,000).
12.6 Medical Plan Review Committee
The Association shall appoint two voting representatives to serve on a
Medical Plan Review Committee. In addition, the Association may
appoint one non- voting representative to provide a wider range of
17
Viewpoint for discussion. The vote of each voting representative shall be
weighted according to the number of employees represented by the
Association.
A: Duties and Obligations of the Medical .Plan Review Committee
1. Review and suggest changes for the City's flexible benefits
plan and the insurance plans offered under the MOA.
2. Submit to the City and its employee associations
recommendations on proposed changes for the City's flexible
benefits plan and the insurance plans offered under the MOA.
3. Disseminate information and educate employees about the
City's flexible benefits plan and the insurance plans offered
under the MOAT.
4. Participate in other related assignments requested by the City
and its employee. associations.
B. Miscellaneous
The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
conferring.
2. No recommendation of the Medical,Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City
and Association..
3. If changes to the City's flexible benefits plan are subject to
18
meet and confer requirements, the City and the Association
agree to meet and confer in. good faith:
4. In performing its duties, the Medical Plan Review Committee
may consult independent outside experts. The City shall pay
any fees incurred for this consultation, provided that the City
has approved the consultation and fees in advance.
C. City agrees to continue its contribution to the Cafeteria Plan for two
pay periods in the event that an employee has exhausted all paid
time off due to an employee's catastrophic illness. That is, the
employee shall receive the regular City health benefit contribution for
the first two pay periods following the pay period in which the
employee's accrued vacation and sick leave balances reach zero.
19
ARTICLE.] 3
RETIREMENT
13.1 Effective 1 July 1987, City agrees to provide the Public Employees'
Retirement System's (PERS) 2% at 50 for sworn.personnel with sick
leave credit, Post Retirement Survivor Allowance, the fourth level 1959
Survivor's Benefit, age 50 voluntary retirement, military service credit;
and one -year final compensation. All employees hired as sworn officers
on or after 1 July 1987 shall have their final compensation for retirement
purposes figured on their highest three years.
13.2 Effective the first day of the ,first. pay period following July 1, 1996, the
City will discontinue, paying the employees' share of the PERS
Contribution (9 % ). The 9% will be added to the.base salary schedule, .
and reported as compensation to PERS. The employee will pay directly to
PERS their contribution amount on a pre-tax- basis pursuant to Section
414 (h) (2) of the Internal Revenue Code (IRC).
13.3 The employee will be responsible for any and all tax liability incurred
should the IRC provision become invalid.
13.4 Upon. the request of either the Association or. the City, the parties agree
to meet and confer on the subject of "retirement benefits if agreed to by
the SLOPOA. Any enhancements to the retirement plan would be cost
neutral to the City. This provision would not apply to "state - mandated
enhancements and resulting costs.
20
ARTICLE 14
UNIFORM ALLOWANCE
14:1 Each employee required to wear a uniform shall receive an annual uniform
allowance as provided below and is expected to purchase and maintain in
good repair all required uniform pieces.
14.2 The uniform allowance shall be $775.00.
14.3 This shall be issued to the employee each July in a lump sum payment on
a separate check exclusive of any taxes or other withholding unless
specifically required by federal or state law.
14.4 If an employee is off duty for more than three pay periods, the following
July's allowance shall be reduced by the appropriate prorated amount.
21
ARTICLE 15
HOLIDAYS
15.1 The following days of each year are designated as paid_holidays ::
January 1 = New Year's Day
Third Monday in January - Martin Luther King's Birthday_
Third Monday in February. - Presidents' Day
Last Monday in May Memorial Day
July 4 _ Independence Day
First Monday in September Labor Day
September 9 — California Admission Day
Second Monday in October — Columbus Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
One -half day before Christmas Day
December 25 - Christmas .
One -half day before New Year's Day
15.2 Each employee shall earn 4.33 hours of holiday leave semi- monthly; in lieu
of fixed holidays:
Such employees shall receive payment at straight time hourly rate for a
portion of their earned holiday leave (2.16 hours) each semi.- monthly
payroll period.
15.3 Effective January, 2001, the remainder of the employee's annual holiday
leave (52 hours) shall be advanced to the employee effective the first
payroll period in January of each year., Such holiday leave may be taken
off by the employee with the approval of the Police Chief or his designee.
For calendar year 2000 onlyj employees shall receive twenty -six (26).
hours of holiday leave credited the first full payroll period in July. This
- -
partial crediting is to allow the transition from a fiscal to a calendar year
holiday system.
22
15.4 Each calendar quarter, an employee has the option of receiving payment
for one -fourth 0 /4) of his /her advanced holiday leave. The combination of
holiday leave taken off and payment of advanced holiday time, may not
exceed 52 hours. Any holiday leave remaining as of the last payroll period
in December of each year (including December 2000) will be paid to the
employee at the straight time rate. The December 2000 cash out will
include all remaining holiday hours, even those which had been earned
under the previous holiday provisions.
If an employee terminates for any reason, having taken off hours in excess
of his/her prorated share, the value of the overage will be deducted from
the employee's final paycheck.
23
16.1
n
ARTICLE 16
VACATION LEAVE
Each incumbent of a 40 hour week line -item position shall accrue
vacation leave with pay at the rate of 96 hours per year of continuous
service since the benefit date for the first five years, 120 hours per year
upon completion of five years, 144 hours per year upon completion of ten
years, and 160 hours upon completion of twenty years. Employees
scheduled for more than 40 hours -a week shall receive the equivalent
number of vacation days pro -rated to the number of regularly scheduled
work hours.
16.2 An incumbent is not eligible to use vacation leave until accrued.
16.3 A regular employee who leaves the City service shall receive payment for
any unused vacation leave.
16.4 Vacation schedules must be reviewed by the Chief or his /her designee
prior to the scheduled vacation. Vacation schedules will be based upon
the needs of the City and then, insofar as possible, upon the needs of the
City and then, insofar as possible, upon the wishes of the employee. The
department may not deny an employee's vacation request if such denial
will result in the loss of vacation accrual by the employee, except that,
management may ;approve a two month extension of maximum vacation
accrual. However, in no event shall more than one such extension be
granted in any calendar year:
16:5 Any employee who is on approved vacation leave and becomes eligible
24
for sick leave as defined in Section 2.36.420A of the Personnel Rules &
Regulations may have such time credited as sick leave under the
following conditions.
A: A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor upon
returning to work.
B. The vacation leave immediately ends and the employee reports to
work following the end of sick leave usage.
16.6 Vacation leave shall be accrued as earned each payroll period, provided -
that not more than twice the annual rate may be carried over to a new
calendar year. It shall be the responsibility of the employee to plan
vacations and receive departmental approval in a timely manner.
16.7 All employees in this unit are eligible once annually in December, to
request payment for up to 40 hours of unused vacation leave provided
that an employee's overall performance and attendance practices are
satisfactory.
25
ARTICLE 17
ADMINISTRATIVE. LEAVE
17.1 The Administrative Sergeant, Lieutenants and Captain are exempt from
paid overtime except as specifically authorized by the Police Chief due to
extraordinary circumstances. In general, management employees are
expected to work the hours necessary to successfully carry out their
duties and, frequently rnust return to work or attend meetings and events
outside their normal working hours.
17.2 In recognition of these requirements and the 24 -hour staffing
requirements of Police Departments; all members of this unit who are
designated as exempt in Section 17.1 above shall be afforded flexibility in
managing their work load and time and are eligible to take a maximum of
64 hours per calendar year of Administrative Leave. Such leave may be
taken at any time during the year. However, in cases where an individual
is not actively employed in an exempt position with the city during the full
year such leave shall be prorated or if the yearly amount earned is
changed during the year the amounts shall be prorated: For purposes of
computing monthly amounts the rate of 5.33 hours per month may be
used.
17.3 Exempt employees understand that the nature of their jobs require that
they will work additional hours outside of their regularly scheduled shifts
for such activities as occasional meetings, paybacks, briefings, shift
preparation; etc. Subject to the approval of the Bureau Commander,
26
exempt employees may shift adjust for such things as court,
administrative assignments, filling shift vacancies, lengthy or frequent
meetings, training, etc.
27
ARTICLE 18
SICK LEAVE
18.1 Accumulation of sick leave days shall be unlimited..
18.2 Upon termination of employment by death or retirement, a percentage of
the dollar value of the employee's accumulated sick leave will be paid to
the employee, or the designated. beneficiary or beneficiaries according to
the following schedule:
A. Death - 25%
B. Retirement and actual commencement of PIERS benefits:
19 After ten years of continuous employment - 10%
20 After twenty years of continuous employment - 15 %
21 After twenty -five years of continuous employment — 20%
22 After thirty years of continuous employment — 25%
28
ARTI471 F IQ
FAMILY LEAVE
19.1 An employee may take up to 16 hours of sick leave per year if required to
be away from the job to personally care for a member of his/her
immediate family.
19.2 An employee may take up to 40 hours of sick leave per year if the family
member is part of the. employee's household.
19.3 An employee may take up to 56 hours of sick leave per-year if the family
member is part of the employee's household and is hospitalized. The
employee shall submit written verification of such hospitalization.
19.4 For purposes of this article, immediate family is defined as spouse, child,
brother, sister, parent; parent -in -law, step - parent, step- brother; step=
sister, grandparent, or any other relative living in the same house hold.
19.5 The amounts shown in 19.1, 19.2 and 19.3 above are annual maximums,
not max. imuniS per qualifying family member.
19.6 If the family, member is a child, parent or spouse; an employee may use up
to 48 hours annually to attend to the illness of the child, parent or spouse,
instead of the annual maximums in paragraph's 19.1 and 19.2, in
accordance with Labor Code Section 233.
19.7 In conjunction with existing leave benefits, unit employees with one year
of City service who have worked at least 1280 hours in the last year, may
be eligible for up to 12 weeks of Family /Medical Leave within any 12
month period. Family /Medical Leave can be used for:
29
i )
A. A new child through birth, adoption or foster care (maternal or
paternal leave).
B. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
C. Placement of an employee's child for adoption or foster care.,
D.. A serious health condition which makes the employee unable to
perform the functions of his or her position.
19.8 This leave shall be in addition to leave available to employees under the
existing four month Pregnancy- Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personnel illness will be
subtracted from the 12 weeks allowed by the Family /Medical Leave
Program. Employees must use all available vacation, compensatory time
off and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family /Medical Leave.
19.9 Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However, .
employees who receive cash back under the City's Flexible Benefit Plan
will not receive that cash during the Family /Medical Leave. Only City
group health insurance premiums will be paid by the City.
19.10 If an employee does not return to work following leave, the City may
collect from the employee the amount paid for health insurance by the
City during the leave. There are two exceptions to this rule.
A. The continuation of a serious health condition of the employee or a
30
covered family member prevents the return.
B. Circumstances beyond the employee'.s control.
Further details on Family /Medical Leaves, are available through the City's
"Guide to Family /Medical Leave Program ".
31
ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due
to the death of a member of the employee's immediate family, meaning spouse,
child, brother, sister, parent, parent -in -law, step- parent; step- brother, step- sister, .
grandparent, or any other relative living in the same household, provided such
leave as defined in this Article shall not exceed 40 hours for each incident. The
employee may be required to submit proof of relative's death before being
granted sick leave pay. False information concerning the death or relationship
shall be cause for discharge.
32
ARTICI F 91
GRIEVANCE PROCEDURE.
21.1 A grievance is defined as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any
Memorandum of Agreement, excluding disciplinary matters, or any
existing written policy or procedure relating to wages, hours or other
terms. and conditions of employment excluding. disciplinary matters.
21.2 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the
immediate supervisor shall discuss the grievance with the
supervisor's immediate superior. The employee shall have the right
to choose a representative to accompany him /her at each step of the
process. If the matter can be resolved at that level to the
satisfaction of the employee, .the grievance shall be considered
terminated.
B. If still dissatisfied, the employee may immediately submit the
grievance in writing to the Police Chief for consideration, stating the
facts on which it was based, including the provision of the rules,
regulations, or agreement said to be violated, and the proposed
remedy. This action must take place within 15 business days of the
occurrence of the grievance. The Police Chief shall promptly
consider the grievance and render a Aecision in writing within 15
business days of receiving the written grievance.. If the employee
33
accepts the Police Chief's decision, the grievance shall be
considered terminated.
C. If the employee is dissatisfied with the Police Chief's decision, the
employee may immediately submit the grievance in writing to the
Human Resources Director within five business, days of receiving the
Police Chief's decision. The Human Resources Director shall confer
with the employee and the Police Chief and any other interested
parties, and shall conduct such other investigations as may be
advisable.
D. The results or findings of such conferences and investigations shall
be submitted to the City Administrative Officer in writing within
fifteen 0 5) business days of receiving the employee's written
request. The City Administrative Officer will meet with the
employee if the employee so desires before rendering a decision with
respect to the complaint. The City Administrative Officer's decision
shall be in writing and given to the employee within 15 business
days of receiving the Human Resources Director's results and
findings. Such decision shall be final unless the employee desires
the Personnel Board to review the decision. If such is the case, the
employee will have five business days following receipt of the City
Administrative Officer's decision to submit a written request to the
Personnel Board through the Human Resources Director for a review
of the decision. The Personnel Board within 30 business days shall
34
review the record and either (1) issue an advisory opinion to the City
Administrative Officer; or (2) conduct a hearing on the matter. If a
hearing is held, an advisory opinion shall be rendered by the Board
within 10 business days of the close of such hearing. If an opinion
signed by at least three (3) members of the Personnel. Board
recommends overruling or modifying the City Administrative
Off'icer's decision, the City Administrative Officer shall comply or
appeal this recommendation to the City Council. Such appeal shall
be filed with the City Clerk within three business days of the Board's
action. If appealed, the City Council shall review the case on the
record and render a final decision within 15 business days of
submittal.
35
ARTICLE 22
DISCIPLINARY ACTION
Except in regards to disciplinary suspensions of less than one work week, the
standards for the discipline of exempt employees shall generally be consistent
With the standards for discipline of non - exempt employees. Thus, such exempt
employees may be subject to termination, demotion or reduction in compensation
for any of the reasons set forth in Section .2.36.320 of the Personnel Rules and
Regulations. In conformity with the Fair Labor Standards Act, a disciplinary
suspension of less than one week may be imposed only for a violation of city
safety rules of major significance. Minor violations of rules and regulations may
result in lesser disciplinary actions, such as oral or written reprimands,
counseling, or special training, etc.
36
ARTICLE 23
IMPASSE PROCEDURE
23.1 MEDIATION
A. Mediation may be requested only after the possibility of settlement
by direct- discussion (meet and confer) has been exhausted.
Mediation may be requested by scheduling a meeting with the
Employee Relations Officer (CAO).
The Employee Relations Officer shall convene a meeting
between the chief negotiator for the Association, one other
representative of the Association, the Employee Relations
Officer and one other representative of the City:
a. To review the position of the parties in a final effort to
reach agreement or. reduce the points of disagreement;
and
b. If agreement is not reached, to make arrangements for
mediation.
B. Following the meeting with the Employee Relations Officer, only the
disputed issues shall be submitted to mediation. The mediator shall
be selected from the State Mediation and Conciliation Service by
mutual consent. All mediation proceedings shall be private and
confidential and the mediator shall make no public recommendation
nor take any public position at any time concerning the issue: Any
37
1
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fees or expenses of mediation shall be shared equally by the City
and the Association.
C. Mediation shall be terminated if agreement has not been reached in
30 days unless extended by mutual agreement.
23.2 FACT- FINDING
A. If mediation fails to resolve all issues; the unresolved issues shall be
referred to "fact- firiding." The fact- finder shall be selected by
mutual consent.
B. The City and the Association shall submit its position on each
unresolved issue and its last offer of settlement to the fact - finder.
After due consideration, the fact- finder shall recommend on each
issue using factors traditionally taken into consideration in
determination of wages, hours and other terms and conditions of
employment in the public sector.
C. Within 10 days of commencing fact - finding, recommendations of the
fact - finder shall be reported in writing at a meeting of
representatives of the City and'the Association. Each party shall
accept, reject or propose alternatives to the fact- finder's
recommendations. Any recommendations or alternatives not
accepted by both parties within 15 days of receiving the fact-
finder's recommendations will be presented to the City Council.
D. After a hearing where the chief negotiator for the Association, one
other representative of the Association, the Employee Relations
38
Officer and one other representative of the City have presented their
position on the fact- finder's recommendations, the City Council may
accept or reject any recommendation. All proceedings and
recommendations of fact - finding shall be private and confidential.
Any fees or expenses shall be equally shared by the City and the
Association:
39
ARTICLE 24
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association. This Agreement
supersedes all previous Memoranda of Understanding or Memoranda of
Agreement between the City and the Association except as specifically referred
to in this Agreement. In the event any new practice or subject matter arises
during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer
upon request.
Me
ARTICLE 25
SAVINGS CLAUSE
If any provisions of this Agreement should be held invalid by operation of law or
by any court of competent jurisdiction, or if compliance with or enforcement of
any provision should be restrained by any tribunal, the remainder of this
Agreement shall not be affected thereby, and the.parties shall enter into a meet
and confer session for the sole purpose of arriving at a mutually satisfactory
replacement for such provision within a 30 day work period. If no agreement
has been reached, the parties agree to invoke the provision of impasse under .
Section 13 of City Resolution No. 6620.
41
ARTICLE-26
TERM. OF AGREEMENT
O
This Agreement shall become effective upon adoption of Council, except that
those provisions which have specific implementation dates, shall be implemented
on those dates and shall remain in full force and effect until midnight June 30,
2002.
42
J
ARTICLE 27
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address; 1042 Walnut Street, San Luis Obispo, California 93401;
telephone: (805) 781 - 7313).
B. Management's principal authorized agent shall be the Human
Resources Director or his /her duly authorized representative
(address: 990 Palm Street, San Luis Obispo, California 93401;
telephone: (805) 781- 7252).
43
ARTICLE 28
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2000 and shall continue in
full force and effect until expiration at midnight, June 30, 2000.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit
are Police Sergeant, Police Lieutenant and Police Captain.
2. This Agreement does not apply to Temporary Employees or Part-time
Employees.
This Agreement was executed on July 5, 2000 by the following parties:
CITY OF SAN LUIS OBISPO
a,, ji-1-
Ann Slate, Human Resources Director
Karen Jennti,
SAN LUIS OBISPO
POLICE STAFF OFFICERS
ASSOCIATION
English, hre'sident, SLOPSOA
J 'Hazouri, B • d Member
4/F
ud Silva, Board Member
44
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RESOLUTION NO. 9057 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO AMEND THE HUMAN RELATIONS COMMISSION (HRC) BYLAWS
WHEREAS, the HRC, at times, needs to be flexible with the starting time of its general
meetings to accommodate the public; and
WHEREAS, the HRC has changed the location of its monthly meetings; and
WHEREAS, the HRC has requested the above changes; and
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that
the bylaws of the HRC be amended to reflect the following;
SECTION 1. Amend Article 3.B to read as follows: Regular meetings will be held generally
on the first Wednesday of the month at a specified time and place.
SECTION 2. Amend Article 3.0 to read as follows: The Commission meetings shall be open
to the public and shall be held at City Hall in the Council Hearing Room or other previously announced
locations at specific times as required by law.
Upon motion of Council Member Romero, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of July 2000.
Lee rnce, t-iry t-iem
APPR D AS TO FORM:
10 011�
Jeffrey / . orgensen, City Atto y
Mayor Allen
R 9057
C�
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RESOLUTION NO. 9056 (2000 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that
owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once
each year, the franchisee may take actions to collect fees from the owners of developed properties
involved in delinquent solid waste collection and disposal accounts; and
WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within
the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby
authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts
as established and certified by the franchisee San Luis Garbage Company as liens against the
developed properties listed below.
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
Wayne Estrada
002 -503 -003
$129.00
Allan Brohard
002 -503 -006
$103.00
Edward Attala
004 -944 -022
$50.00
Trevor/Mary Lysek
003- 749 -015
$100.00
Charles Snyder
033 - 645 -008
$59.00
Kenneth Wong
004- 251 -074
$33.00
Jerry Malmen
004 -554 -020
$134.00
Richard/Adrian Lenz
002 -402 -003
$99.00
Gary Cully
053- 245 -001
$574.00
Michael Enz
001 -141 -002
$122.00
Debra Collins
003- 736 -001
$374.00
McNamara Realty
003- 743 -001
$135.00
Thomas Tarwater
003 -532 -017
$200.00
MI SIM91
Resolution No. 9056 (2000 Series)
Page 2
Duane Belveal
052- 372 -003
$116.00
Akbar Alimashrab
004- 960 -018
$134.00
Sanji/Miyoko Kanzawa
001 - 194 -004
$154.00
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
Jeffrey Alexander
053- 023 - 036
$413.00
Donald Mteshew
004 -541 -011
$154.00
William Clark
001 -01302
$673.00
Grace Hawkes
052- 433 -002
$329.00
Ruth Cooper
003 - 611 -006
$33.00
Charles Marshall
002 -451 -005
$326.00
Robert/Anne Langford
053 -102 -005
$31.00
Gloria/Anthony Sarcos
003- 722 -025
$54.00
Lendale Williams
003- 737 -015
$579.00
Skene Moody
003- 687 -071
$579.00
Richard Brovelli
003- 646-015
$154.00
Regina Brown
004 -413 -036
$160.00
Upon motion of Council Member Romero seconded by Council Member Ewan and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution�dopte4 this 5' day of July 2000
V
City Clerk Lee Price
APP VED AS TO FORM:
City Attorney Jeff Jorgensen
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RESOLUTION NO. 9055 (2000 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENTS TO THE 1999 -01 FINANCIAL PLAN AND
APPROPRIATING FUNDS FOR FISCAL YEAR 2000 -01
WHEREAS, the Council adopted the 1999 -01 Financial Plan on June 15, 1999 which
established comprehensive financial and policy guidelines for fiscal years 1999 -00 and 2000 -01; and
WHEREAS, the 1999 -01 Financial Plan included appropriations for fiscal year 2000 -01; and
WHEREAS, the Council has reviewed proposed changes to the 1999 -01 Financial Plan to be
effective for fiscal year 2000 -01 after holding noticed public hearings and budget workshops; and
WHEREAS, the City Administrative Officer has submitted the 1999 -01 Financial Plan
Supplement and Preliminary 2000 -01 Budget to the Council for their review and consideration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the budget for fiscal year 2000 -01 in the amount of $69,444,300.
Upon motion of Vice Mayor Schwartz, seconded by Council Member Romero, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20'' day of June 2000.
Mayor Allen
ATTEST:
e-'ee e, Ci y Clerk
APPROVED JAS,,,
R 9055
0 0
RESOLUTION NO. 9054 (2000 Series
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATIONS LIMIT FOR 2000 -01
WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6,
1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits
on state and local government agencies; and
WHEREAS, regulations require that the governing body of each local agency establish its
appropriations limit and annual adjustment factors by resolution and
WHEREAS, the required calculations to determine the City's appropriations limit and
estimated appropriations subject to limitation for 2000 -01 have been performed by the Department
of Finance and are available for public review.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 2000 -01 as
follows:
Appropriations Limit: 1999 -00 $32,848,400
Cost of Living Factor: California Per Capita Income 4.91%
Population Factor: County Population Growth 2.46%
Appropriations Limit: 2000 -01 $35,309,000
Upon motion of Council Member Romero, seconded by Vice Mayor Schwartz,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of June 2000.
Allen
Clerk
R 9054
Resolution 9054 (2000 Series)
Page 2
APPROVED AS TO FORM:
RESOLUTION NO. 9053 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE ESTABLISHMENT OF THE PARS DEFINED CONTRIBUTION
RETIREMENT PLAN TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS
TRUST ADMINISTRATOR
WHEREAS, it is determined to be in the best interest of the City of San Luis Obispo
( "CITY") to establish the PARS Defined Contribution plan to provide retirement benefits for its
employees and their beneficiaries; and
WHEREAS, the CITY is eligible to be a member of the Public Agency Retirement
System (PARS), a governmental plan, which has made available its Defined Contribution (DC),
a supplemental retirement plan, supplementing PERS (Public Agency Retirement System), and
qualifying under relevant sections of the Internal Revenue Code and the California Government
Code.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The PARS Trust is hereby adopted, including the PARS Defined
Contribution Plan (DC), effective July 6, 2000, the effective date for the benefit of employees on
that date and hired thereafter; and.
SECTION 2. The City Administrative Officer, or the designee of the City
Administrative Officer, is hereby appointed as CITY Administrator for PARS, and further
authorizes him/her to implement the plan.
SECTION 3. The CITY's PARS Administrator is hereby authorized to execute the
PARS legal documents on behalf of the CITY and to take whatever additional actions that are
necessary to maintain the participation of the CITY in.PARS and to maintain PARS compliance
with relevant regulations issued or as may be issued.
SECTION 4. A contribution of 1% of salary for management employees to the PARS
Defined Contribution Plan (DC) is hereby authorized, and a contribution of 2% of salary for
department heads to the PARS Defined Contribution Plan (DC) in place of the 2% contribution
to the deferred compensation program.
SECTION 5. The Finance Director is hereby directed to transfer funds from unallocated
fund balance of the General Fund in the amount of $6,800 to the Human Resources Department
Budget for the set up and first year expenses of the PARS Defined Contribution Plan (DC).
R 9053
Resolution No. 9053 (2000Series)
Page 2
Upon motion of Council Member Romero, seconded by Vice Mayor Schwartz,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20`s day of June, 2000.
Mayor Allen Settle
ATTEST
� .ee Pric ,City Jerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9052 (2000 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY,
DOWNTOWN ASSOCIATION ADMINISTRATOR, AND CHRISTINE D. BRAGG,
THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE
PERIOD JULY 1,2000 THROUGH JUNE 309 2001
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That the contract of employment between the City of San Luis Obispo and
DEBORAH J. HOLLEY as Downtown Association Administrator for the period July 1, 2000
through June 30, 2001, attached hereto as Exhibit "A" and by this reference made a part hereof, has
been reviewed and is approved and the Mayor is authorized to execute same.
SECTION 2. That the contract of employment between the City of San Luis Obispo and
CHRISTINE D. BRAGG as Thursday Night Activities and Promotions Coordinator for the period
of July 1, 2000 through June 30, 2001, attached hereto as Exhibit `B and by this reference made a
part hereof, has been reviewed and is approved and the Mayor is authorized to execute same.
On motion of Council Member Ewan seconded by Council Member Romero and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20th day of June 2000.
Ma or Allen K. ettle
ATTEST:
R 9052
Resolution No. 9052 (2000 Series)
Page 2
APPROVED AS TO FORM AND CONTENT:
VIAr
(7,
Resolution No. 9052 (2000 Series)
Page 3
1 ►Y :: I�TTI ICY X111 ► Yom. �Tiiii��j
THIS CONTRACT is entered into this 20th day of June, 2000, by and between the CITY OF
SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and DEBORAH J.
HOLLEY, a contract employee (hereinafter referred to as 'Employee ").
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association
Administer; and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are Downtown Association Administrator.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Fmpla=ent. City hereby engages Employee and Employee hereby agrees to perform
for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to
the terms and conditions herein.
2. Sc= of Services. Pursuant to this Contract, Employee shall provide to City the
following services: Administrator for the Downtown Association (DA); specific duties and
responsibilities to be established and modified from time to time by the DA Advisory Board.
Employee shall perform said services under the direct supervision of DA Advisory Board.
3. Fmi ln=ent Status. Employee shall be a full -time employee. Membership in the City
PERS retirement program shall be in accordance with PERS requirements with the Employee's
share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent
with other positions in the City and as determined by the Director of Human Resources. Employee
shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in
a manner consistent with other City employees. Employee shall be granted up to 48 hours per year
Resolution No. 9052 (2000 Series)
Page 4
of administrative leave in lieu of overtime compensation, in recognition of the fact that the
employee is exempt from overtime compensation consideration and that the employee's schedule
may require work beyond 40 hours in a week. The only other paid benefits are workers'
compensation insurance, unemployment insurance and medical benefits for employee and
dependents not to exceed $4,000.00 annually. Employee shall be eligible for reimbursement for
mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her
private automobile for official business but not including any mileage attributable to normal
commuting by Employee to and from her office.
Employee understands and agrees that her term of employment is governed only by this
Contract; that no right of tenure is created hereby, and that she does not hold a position in any
department or office of the City.
4. Warranter of Employee. Employee warrants that she is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed to.
5. Compensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $4,720 per month ($56,650 per year),
said compensation to be paid in accordance with normal City procedures.
6. Term of Contract_ This Contract shall commence on July 1, 2000 through June 30,
2001, unless terminated earlier as provided herein. The City Administrative Officer may terminate
the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination, specifying
the effective date of such termination. Employee shall be paid for all work satisfactorily completed
prior to the effective date of such termination.
J
Resolution No. 9052 (2000 Series)
Page 5
Employee agrees that the notice provisions of this paragraph shall limit the liability of the
City in the event that a termination action taken by City pursuant to paragraph S is subsequently
found to be improper.
8. Termination of Contract for Cause. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of this
Contract, or if Employee has a physical or mental incapacity that precludes Employee from
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her ability
to perform these contract duties, then the City shall have the right to terminate this Contract
effective immediately upon the City's giving written notice thereof to Employee. Employee shall be
paid for all work satisfactorily completed prior to the effective date of such termination.
9. Entire Ag Bement and Modification. This Contract constitutes the entire understanding
of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or
understandings, whether written or oral, between the parties. Employee shall be entitled to no other
benefits than those specified herein, and Employee acknowledges that no representations,
inducements or promises not contained in this Contract have been made to Employee to induce
Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be
effective unless in writing and signed by both parties. Employee specifically acknowledges that in
entering into and executing this Contract, Employee relies solely upon the provisions contained in
this Contract and no others.
10. Non -Assio ment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such assignment,
Resolution No. 9052 (2000 Series)
Page 6
transfer, delegation, or sublet this Contract or any interest therein without the prior written consent
of City, and any such assignment, transfer, delegation, or sublet without the City's prior written
consent shall be considered null and void.
11. Covenant. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of the
parties created hereunder are performable in the City of San Luis Obispo, and such City shall be
that venue for any action, or proceeding that may be brought, or arise out of, in connection with or
by reason of the Contract.
12. Nondiscrimination, There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to this
Contract which affects her personal interest or the interest of any corporation, partnership, or
association in which she is directly or indirectly interested.
14. C apyd ah_r. Any reports, maps, documents or other materials produced in whole or part
under this Contract shall be the property of the City and shall not be subject to an application for
copyright by or on behalf of Employee, without the prior written approval of the City.
a. Employee may engage in outside activities such as part-time teaching, consulting,
or in other similar activities unrelated to City business only with the express prior approval of the
City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding conflicts-
of- interest and shall avoid personal involvement in situations which are inconsistent or
incompatible with the position of DA Administrator or give rise to the appearance of impropriety.
Resolution No. 9052 (2000 Series)
Page 7
16. F.nfn enhil� If any terms, covenant, condition or provision of this agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions herein shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and
year first hereinabove set forth.
ATTEST:
CITY OF SAN LUIS OBISPO
M.
A
EMPLOYEE:
Deborah J. Holley
APPROVED AS TO FORM
Vttomey
Resolution No. 9052 (2000 Series)
Page 8
"F.xhihit R'
THIS CONTRACT is entered into this 20`x' day of June, 2000, by and between the CITY OF
SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and CHRISTINE D.
BRAGG, a contract employee (hereinafter referred to as "Employee ").
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA)
Thursday Night Activities and Promotions Coordinator (TNA/PC); and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are DA TNA/PC.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Empla=ent. City hereby engages Employee and Employee hereby agrees to perform
for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to
the terms and conditions herein.
2. ,Scope, of Services. Pursuant to this Contract, Employee shall provide to City the
following services: TNA/PC for the DA; specific duties and responsibilities to be established and
modified from time to time by the DA Board. Employee shall perform said services under the
direct supervision of DA Administrator.
3. Emrin=ent Status. Employee shall be a full -time employee. Membership in the City
PERS retirement program shall be in accordance with PERS requirements with the Employee's
share to be paid by Employee. Employee shall receive 13 days of holiday and accrue sick leave at a
rate of 8 hours per month. Employee shall accrue 8 hours of vacation per month over the term of
�l
Resolution No. 9052 (2000 Series)
Page 9
this Agreement which shall be taken in a manner consistent with other City employees. The only
other paid benefits are workers' compensation insurance, unemployment insurance and medical
coverage not to exceed $1,500.00 annually. Employee shall be eligible for reimbursement for
mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her
private automobile for official business but not including any mileage attributable to normal
commuting by Employee to and from her office.
Employee understands and agrees that her term of employment is governed only by this
Contract; that no right of tenure is created hereby, and that she does not hold a position in any
department or office of the City.
4. Warranty of Employee. Employee warrants that she is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed to.
5. Compensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $2,933 per month ($35,200 per year),
said compensation to be paid in accordance with normal City procedures.
6. Tern, of Contract. This Contract shall commence on July 1, 2000 through June 30,
2001, unless terminated earlier as provided herein. The City Administrative Officer may terminate
the contract without the need for action, approval or ratification by the City Council.
7, Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination, specifying
the effective date of such termination. Employee shall be paid for all work satisfactorily completed
prior to the effective date of such termination.
Employee agrees that the notice provisions of this paragraph shall limit the liability of the
City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently
found to be improper.
� / 1
Resolution No. 9052 (2000 Series) 1
Page 10
$, Termination of Contract for C'anse. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of this
Contract, or if Employee has a physical or mental incapacity that precludes Employee from
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her ability
to perform these contract duties, then the City shall have the right to terminate this Contract
effective immediately upon the City's giving written notice thereof to Employee. Employee shall be
paid for all work satisfactorily completed prior to the effective date of such termination.
9. Entire Agreement and Modification, This Contract constitutes the entire understanding
of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or
understandings, whether written or oral, between the parties. Employee shall be entitled to no other
benefits than those specified herein, and Employee acknowledges that no representations,
inducements or promises not contained in this Contract have been made to Employee to induce
Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be
effective unless in writing and signed by both parties. Employee specifically acknowledges that in
entering into and executing this Contract, Employee relies solely upon the provisions contained in
this Contract and no others.
10. Non - Assignment of Contract, This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such assignment,
transfer, delegation, or sublet this Contract or any interest therein without the prior written consent
of City, and any such assignment, transfer, delegation, or sublet without the City's prior written
consent shall be considered null and void.
Resolution No. 9052 (2000 Series)
Page i l
11. Covennnt. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of the
parties created hereunder are performable in the City of San Luis Obispo, and such City shall be
that venue for any action, or proceeding that may be brought, or arise out of, in connection with or
by reason of the Contract.
12. Nondiscrimination, There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of interest. The employee shall not participate in any decision related to this
Contract which affects her personal interest or the interest of any corporation,. partnership, or
association in which she is directly or indirectly interested.
14. Cow. Any reports, maps, documents or other materials produced in whole or part
under this Contract shall be the property of the City and shall not be subject to an application for
copyright by or on behalf of Employee, without the prior written approval of the City.
a. Employee may engage in outside activities such as part-time teaching, consulting,
or in other similar activities unrelated to City business only with the express prior approval of the
City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding conflicts-
of- interest and shall avoid personal involvement in situations which are inconsistent or
incompatible with the position of DA TNA/PC or give rise to the appearance of impropriety.
U
Resolution No. 9052 (2000 Series)
Page 12
16. F.nforcenhilitT. If any terms, covenant, condition or provision of this agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions herein shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and
year first hereinabove set forth.
CITY OF .q AN T .T TTS (1RNPn
EMPLOYEE:
Christine Bragg
ATrEST-
eLPrio;, -city Clery
APPROVED AS TO FORM
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RESOLUTION NO. 9051 (2000 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING THE FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE
AND RESCINDING RESOLUTION NO. 8936 (1999 Series)
WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an
ongoing basis; and
WHEREAS, those fees are adjusted as required to ensure they remain equitable and
adequate to cover the cost of providing services; and
WHEREAS, a comprehensive analysis of the Golf Course Fund was performed for fiscal
year 2000 -01.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
2000.
SECTION 1. Resolution No. 8936 (1999 Series) is hereby rescinded, effective July 1,
SECTION 2. The following green fees shall be as follows, effective July 1, 2000:
Senior /Youth Weekdays
$ 5.75
General Weekdays
$ 7.75
Senior /Youth Weekends
$ 6.50
General Weekends
$ 8.50
Senior /Youth 10 -Play Card
$52.50
General 10 -Play Card
$62.50
SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special
activities shall be set by the Director of Parks and Recreation and the Golf Course Supervisor.
Upon motion of Council Member Ewan, seconded by Vice Mayor Schwartz, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
R 9051:
'J
Resolution No. 9051: (2000 Series)
Page 2
The foregoing resolution was adopted this 6`h day of June
:IR
Mary kop eck Assistant City Cle
APPROVED AS TO FORM:
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RESOLUTION NO. 9050 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP AND USE PERMIT FOR MINOR SUBDIVISION
LOCATED AT 1129 GEORGE STREET MS /A/ER 57 -00 (SLO 00 -045)
WHEREAS, the City Council conducted a public hearing on June 6, 2000 and has
considered testimony of interested parties and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff; and
WHEREAS, minor subdivisions with requests for exceptions require City Council
review and approval;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Review. The City Council finds and determines that the
project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed project, and reflects the independent judgment of the City Council. The
Council hereby adopts said Negative Declaration and incorporates the following mitigation
measures into the project:
1. Retaining walls shall be constructed on Parcels 2 and 3 to avoid smothering the roots of trees
to remain on the lots. Retaining walls shall be constructed in conjunction with driveway
installation prior to recordation of the Parcel Map. The location of the retaining walls shall be
subject to approval of the City Arborist.
2. Four inch perforated pipes shall be installed beneath filled areas to the satisfaction of the City
Arborist to improve aeration and drainage for affected tree roots on Parcels 2 and 3.
3. Potential impacts to the Monterey pine will be reviewed by the City Arborist and City
Council. If possible the tree should be retained. If the Council determines the tree should be
removed in favor of sidewalk installation, two replacement street trees shall be planted as
part of subdivision frontage improvements.
4. Lots resulting from this subdivision shall be designated as sensitive sites for purposes of
architectural review to ensure that site development is compatible with existing development
in the neighborhood in terms of building size, architectural design, spacing, privacy, useable
outdoor open space and solar access.
5. To ensure continuity of neighborhood character in terms of the scale and pattern of existing
development, and to minimize the need for grading on the sloped portions of the site,
consistent with the residential development policies in the Land Use Element and the City's
subdivision, zoning, and grading ordinances:
R 9050
Resolution No. 9050 (2000 Series)
Page 2
a) Development on each parcel shall be limited to a floor area of 1,800 square feet including
the garage. Secondary dwelling units shall be prohibited on lots resulting from this
subdivision.
b) Development on each parcel shall be limited to a maximum building footprint of 1,250
square feet.
c) Development on each site shall be limited to one two- bedroom house upon approval of a
use permit for an exception to the reduction of density with slope.
d) Each parcel shall provide a minimum of 750 square feet of useable outdoor open space in
the form of decks, patios, and yards, outside of required setbacks with a maximum slope
of 5% for yard areas and a minimum dimension of 10 feet at ground level and 6 feet
above ground level.
e) The maximum area that can be affected by grading cuts or fills on Parcels 2 and 3 shall
not exceed 60% of the lot area, exclusive of the building footprint. Grading on Parcels 1
and 4 shall comply with City Grading standards and not exceed 60% of the lot area.
f) Maximum building height, measured from actual grade and not from average grade, shall
not exceed 25 feet to ensure compatibility with the scale of neighborhood development
which is primarily single story..
g) Setbacks shall be as required by the zoning regulations, unless otherwise approved as part
of architectural review for the purpose of protecting existing trees or minimizing grading.
h) No parking exceptions shall be granted.
6. Mitigation measures 4 and 5 shall be noted on the parcel map.
SECTION 2. Findings. That this Council, after consideration of a request to subdivide
two lots into four lots with exceptions to the subdivision and grading ordinances and with a use
permit request to allow an exception to density with slope per Zoning Regulation Section
17.16.010.A.l.vi, and staff recommendations, public testimony, and reports thereof, makes the
following findings:
Use Permit Exception to Reduced Density with Slope
1. There is surrounding development as dense as the density proposed for the parcels resulting
from this subdivision.
C I
Resolution No. 9050 (2000 Series)
Page 3
Minor Subdivision
2. As conditioned, the design of the tentative map and proposed improvements are consistent
with the general plan and its policies which call for compact urban form and a variety of
housing types compatible with the surrounding neighborhood.
3. As conditioned, the site is physically suited for the type and density of development allowed
in the R -2 zone since project specific standards will limit the scale of development that can
occur on each of the resulting parcels in this small -lot subdivision.
4. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat, since all but one of the significant trees on site will be
retained.
5. The design of the subdivision will not conflict with easements for access through (or use of
property within) the proposed subdivision.
Exceptions to Subdivision Standards for Lot Area, Width, and Depth
6. The property to be divided is of such size or shape, or is affected by such topographic
conditions, that is impossible, impractical or undesirable, in the particular case, to conform to
the strict application of the regulations codified in this title (Title 16, Subdivisions, of the
SLO Municipal Code); and
7. The cost to the subdivider of strict or literal compliance with the regulations is not the sole
reason for granting the modification; and
8. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity; and
9. Granting the modification is in accord with the intent and purposes of these regulations, and
is consistent with the general plan and with all applicable specific plans or other plans of the
city.
C" O
Resolution No. 9050 (2000 Series)
Page 4
Exception to Grading Standards
10. Site grading is subject to such conditions as will assure that the adjustment authorized will
not constitute a grant of special privilege inconsistent with the limitations upon other
properties in the same vicinity..
11.There are special circumstances applicable to the subject property and lots resulting from the
proposed subdivision such that strict application of grading limitations would deprive the
subject property of privileges enjoyed by other properties in the vicinity.
Tree Removal
12. Removal of the Deodor Cedar on Parcel 2 is reasonable since it would obstruct proposed
driveway improvements and since all other significant trees on the project site will be
retained.
Deferral of Sidewalk Installation
13. Deferral of sidewalk installation adjacent to the Monterey Pine on Parcel 1 is reasonable in
order to avoid seriously damaging the tree.
SECTION 3. Approval. The request for approval of the minor subdivision and use
permit (MS /A 57 -00) to allow creation of four lots from two existing lots with exceptions to the
Subdivision Ordinance Section 16.36.160 requirements for minimum lot width, depth, and area;
and with an exception to the grading standards in the Construction Code Appendix Table A -33-
Al to allow additional site grading; and to allow an exception to the reduction of density with
slope per Zoning Regulations Section 17.16.010.A.l.vi, for property at 1129 George Street, is
hereby approved subject to the following conditions:
Conditions:
1. The subdivider shall dedicate additional necessary right -of -way to accommodate driveway
ramps and sidewalks to the satisfaction of the Director of Public Works.
2. Improvements for parking and the means to convey utilities and drainage through the
easement on parcel 4 shall be completed as part of the subdivision improvements. Any
improvements crossing over proposed lot line should be eliminated or placed in an easement
prior to recordation of the parcel map.
1 J
Resolution No. 9050 (2000 Series)
Page 5
3. The subdivider shall install curb, gutter and sidewalk to the satisfaction of the Public Works
Director, except that in the immediate vicinity of the Monterey Pine tree, sidewalk
installation shall be deferred subject to recordation of a covenant to the satisfaction of the
Public Works Director.
4. The 8 -inch Coast Live Oak, Gray Pine, and Monterey Pine shall be retained and protected.
,Subdivision improvement plans and site development plans shall be subject to review and
approval by the City Arborist for compliance with this condition.
5. The sewer laterals grouped together on George Street must provide adequate separation
(approximately 3 feet center - center) at the point of connection to the public sewer main, to
the satisfaction of the Utilities Dept. & Public Works Inspector. The laterals shall be
extended to the respective parcels, as well as the other typical utilities, to the satisfaction of
the Public Works Director.
Code Requirements:
1. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone &
cable TV), to the satisfaction of the Director of Public Works.
2. Street trees shall be planted in conjunction with development of each parcel, with credit for
existing trees, to the satisfaction of the City Arborist.
3. Traffic impact fees, per City ordinance, shall be paid at the time of building permits for new
residences.
4. Utilities to new residences shall be underground.
5. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
6. The parcel map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary (e.g. -all record data shall be
entered on the map in the record units, metric translations should be in parenthesis), to the
approval of the City Engineer.
0 0
Resolution No. 9050 (2000 Series)
Page 6
On motion of Council Member Romero seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 6`h day of June 2000.
Mayor Allen Settle
APPROVED AS TO FORM:
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