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HomeMy WebLinkAbout5350-5399follows: RESOLUTION NO. 5399 (1984 SERIES) 1 i 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 FIREFIGHTERS ASSOCIATION FOR THE PERIOD JULY 1, 1984 - JUNE 30, 1987. BE IT RESOLVED by the Council of the City of San Luis Obispo as Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Firefighters Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase 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: Ed Marcom, President SLOFFA; Ann Crossey, Personnel Director; Roberta Goddard, Finance Director. On motion of Councilman Griffin , seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of July , 1984. R 5399 0 Resolution No. 5399 ATTEST: o City t Clerk Paifiela V$ APPROVED: City Administrative Offia&FF City Attclrne-- y Finance Dire or 112A Personnel Director 6 4 F-7 �Pt- so/�j'I�i/ � '.... �WA06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i►, . r1. CITY OF SAN LUIS OBISPO MEMORANDUM OF UNDERSTANDING SAN LUIS OBISPO FIREFIGHTERS' AGREEMENT JULY 1, 1984 through JUNE 30, 1987 1 2 3 4 5 6 7 8 9 10 1,1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01 -� TABLE OF CONTENTS Article No. Title Page No. 1 Parties to Agreement ................ 1 2 Recognition ......................... 2 3 Dues Deduction ...................... 3 4 Employee Rights ..................... 4 5 Management Rights ................... 5 6 Representative Role ................. 6 7 Grievance Procedure ................. 8 8 Salary .............................. 11 9 Pay Differentials ................... 16 10 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Emergency Call Back .................. 18 12 Work Out Of Grade ................... 19 13 Standby ............................. 20 14 Educational Incentive ................ 21 15 Uniform Allowance ................... 25 16 Insurance ........................... 27 17 Retiree's Medical Insurance'......... 29 18 Vacation Leave ...................... 30 19 Holidays ............................ 31 20 Vacation and Holiday Leave For Shift Employees .......................... 32 21 Bereavement Leave ................... 33 22 Sick Leave .......................... 34 23 Workers' Compensation Leave ......... 35 24 Retirement .......................0.. 36 25 Hours ............................... 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26 Health /Fitness ...................... 42 27 Jarvis Admendments .................. 43 28 Salary Survey Cities ................ 44 29 Work Actions ...........0............ 45 30 Full Agreement ...................... 47 31 Savings Clause ...................... 48 32 Authorized Agents ................... 49 33 Term of Agreement ................... 50 Appendix "A" - Classifications ...... 51 Appendix "B" - Work Schedule. Illustration ......... 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE I PARTIES TO AGREEMENT This Agreement is made and entered into this twenty -ninth day of June 1964, by and between the City of San Luis Obispo, I hereinafter referred to as the City, and the San Luis Obispo Firefighters' Association, hereinafter referred to as Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provision in City Resolution No. 3465 (1977 Series) unless to stipulated to by provision(s) contained herein and agreed to. The official title is "San Luis Obispo Firemen's Association ". The term "Firefighters" is used in this MOA to be consistent with the City's position on Affirmative Action. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405 (1977 Series), the City hereby recognizes the San Luis Obispo Firefighters' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the Fire Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of this Agreement. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 3 DUES DEDUCTION The City shall deduct dues from City employees and remit said dues to the Association on a monthly basis for the duration of this Agreement, which dues shall not include assessments. 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 monthly to the Association President. The Association shall hold the City harmless from any and all claims, and will indemnify it against such claims and any unusual costs in implementing these provisions. The Association shall refund to the City any amount paid to the Association in error, upon presentation of supporting evidence. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5 t «t 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 governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of 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- C i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r . I ARTICLE 6 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and on 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. an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the names(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item (2) below. !M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 7 GRIEVANCE PROCEDURE 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 other matters as fall within the scope of representation. Each grievance shall be handled 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 submit the grievance in writing to the department head 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 fifteen (15) business days of the response of the supervisor's immediate superior but in no event later than thirty (30) calendar days after the occurrence of the event giving rise to the grievance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The department head shall promptly consider the .grievance and render a decision in writing within fifteen (15) business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Personnel Director within seven (7) business day's of receiving the department heads's decision. The Personnel Director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. D. The results of findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee to desires before rendering a decision with respect to the complaint. The City Administrative Officer's decision and reason if denied shall be in writing and given the employee within twenty (20) business days-of receiving the Personnel Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have ten (10) business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Personnel Director for a review of the decision. The Personnel Board within thirty (30) business days -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If. an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) 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 thirty (30) business days of submittal. IMM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 8 SALARY Section A Rules Governinq Step Increases The rules governing step increases for employees covered by this MOA are included in the current Salary Resolution with the following modification: The Fire-Chief shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his 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 fifth step may be reinstated at any time upon recommendation of 'the department head. If the Fire Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 958 of the next highest step, computed to the nearest one dollar. Step 4 = 958 of Step 5 Step 3 = 958 of Step 4 Step 2 = 958 of Step 3 Step 1 = 958 of Step 2 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Each across- the -board % salary increase shall raise step 5 of range 14F by that %. Step 5 of each successive salary range shall be 2.63% above step 5 of the next lower range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 and the remaining steps established in accordance. with the above formula. Employees who are eligible for advancement to Step 4 or 5 after June 30, 1981, must rece -ive at least a "competent" rating on their most recent performance evaluation prior to or coincident with their being eligible for advancement by time in grade. Competent is defined as "Performance meets standards of a qualified employee. ". Section B Salary Provisions for Term of A reement 1. 1 July 1984 There shall be a two percent (2 %) salary increase effective 1 July 1984 for all employees in the Unit. There shall be a fifty dollars ($50.00) per month differential effective 1 July 1984 paid to the captain assigned to fire prevention duties. 2. 1 January 1985 There shall be a three percent (38) salary increase effective 1 January 1985 for all employees in the Unit. There shall be a one range (2.63 %) salary increase effective 1 January 1985 paid to all battalion chiefs. -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 1 July 1985 There shall be a four percent (4%) salary increase effective 1 July 1985 for all employees in the Unit. There shall be an increase for the Fire Vehicle Mechanic as provided in Article 24 Retirement, Section C (3). 4. 1 January 1986 If three quarters (3/4) of the average of the percentage increases of the Los Angeles-Long- Beach-Anaheim and San Francisco- Oakland Consumer Price Indexes for the period June 1984 to June 1985 exceeds four percent (4$), then the percentage in excess of four percent (4 %) shall.be implemented as a salary increase effective 1 January 1986 for all employees in the Unit. The indexes used shall be for All Urban Consumers as published by the Bureau of Labor Statistics on or about 23 July, 1985. In no event shall the salary increase be less than four percent (4 %) nor more than eight percent (8 %). EXAMPLE: CPI -U SF -0 =7.7% The calculation at left could done as early as July 1985. CPI -U LA -LB -A =7.4% They will be based of the BLS 7.7 + 7.4 = 15.1 15.1 / 2 = 7.55 -13- data for June 1985, but published in July. In this example, the January 1986 increase will be 1.66 %. If 3/4 average is 4 or less, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7/55 x 3/4 = 5.66 5.66 - 4 = 1.66% -14- V there will be no increase in January 1986. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section C "Y" Rating An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time as there is an improved job performance. The department head shall-give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. Section D Payday Paychecks will be disbursed on the 7th and 22nd of each month. If the 7th or 22nd falls on a weekend or holiday, payment shall be made the preceding business day. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. Section ,E Pa checks 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. -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE "9 PAY DIFFERENTIALS Section A Mutual Aid "Combat Type" Employees assigned to mutual aid "combat type" situations and who are actually engaged in such situations (not merely standby or acting as back up) shall be paid an extra half hour's pay for each hour worked even though they are working as part of their regular work schedule. Section B Management Bonus-Pay Plan The Fire Chief may implement a bonus /incentive pay plan for Battalion Chiefs to provide a monetary incentive /reward system for actions on behalf of the betterment of fire service to the City. Funds for this program are not charged to the cost of this agreement. The Association will be notified prior to implementation and may request a meet and confer session, if desired. Section 'C E.M.-T.-Differential The City shall pay a two hundred dollar ($200.00) per month pay differential to those firefighters or other approved fire personnel assigned to E.M.T. II duty provided that no more than nine (9) positions are eligible for this differential. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ARTICLE 10 OVERTIME 1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receive overtime pay at time- and - one -half computed at their base salary for those hours worked for non - emergency purposes in excess of regularly scheduled shifts. 2. Fire Battalion Chiefs, the Fire Marshal and the Training Battalion Chief shall not be eligible for overtime. pay. However, the Fire Chief may grant employees in these classifications occasional compensating time off (CTO). There will be no formal accounting of or cash payoff at termination for such CTO. 3. All other personnel shall receive overtime pay at time - and - one -half computed at their base salary for all hours worked in excess of forty (40) hours per week including holiday, sick leave and vacation unless they elect to take compensating time.off at straight time. 4. All overtime shall be authorized in writing by the Fire Chief prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 11 EMERGENCY CALL BACK Sworn personnel called back for emergencies involving actual firefighting shall be paid on a time- and - one -half basis with a 4 -hour minimum guarantee. Inspectors responding to an emergency call back shall be paid on a time- and - one -half basis with a 2 -hour minimum guarantee when acting in the capacity of an Inspector at the scene or in immediate follow -up investigative work. Emergency pay (at time- and - one -half) shall remain in effect for the first twenty -four hours per incident under these provisions with any additional time worked paid at straight time. -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 12 WORK OUT OF GRADE Employees temporarily assigned to work in a higher classification will receive one step additional pay but in no case more than the top step for the higher classification under the following conditions: 1. The assignment exceeds ten (10) consecutive work days, or five (5) consecutive shifts for all shift employees; in which case the step increase becomes effective on the eleventh (11) work day or in the sixth (6th) shift. 2. '=The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending, Employees not eligible for the step increase (under 10 days) shall receive credit for compensating time off (CTO) on the following basis: Hours Worked CTO Earned 2 -12 1/2 hour 12 -24 1 hour -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J r ARTICLE 13 STANDBY Employees below the. rank. of Fire Marshal /Battalion Chief on standby shall be compensated one hour's pay for each eight (8) hour incident with a minimum of two (2) hours straight time pay for each assigned standby period. -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 14 EDUCATIONAL INCENTIVE The City agrees to establish an educational incentive pay plan. The educational incentive pay will be paid pursuant to one of the two plans outlined below:. PLAN A 1. Definition of Eligibility A. All Employees_ currently receiving educational incentive pay as of 6/36/81. B. All employees below the rank of Fire Marshal/ Battalion Chief meeting the following requirements: (1) Have been employed by the department for at least one year as of 9/36/81. (2) Have completed by June 36, 1981 at least 36 semester units toward approved degree including having successfully completed a minimum of six semester units within the last 18 months. (3) Successfully complete at least six semester units per year until degree is complete; and (4) Must receive degree by December 31, 1983. -21- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of $50 per month for possession of an A.A., or equivalent degree from an accredited community or junior college; and One hundred per month for a B.A. or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed One Hundred Dollars per month. 3. Job Related Fields. Degrees must be in fields which are directly job related and if not, at least 30 semester units leading toward the appropriate degree with a grade of "C" or better must be included. 4. AEplication and AgVroval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective: Approval of the department head and the Personnel Director shall be required. 5. Unsatisfactor Performance. In the event an employee receiving the incentive pay is not performing up the established standards set for the job, the department head with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 department head and concurred in by the Administrative Officer. 6. Non- ARElicabiliti. It is the City's intention not to pay the educational incentive for any degree which is required for the position held by Educational incentives shall not education received on City time. incentive shall be removed if the promoted to a position which does employee to such incentive. the employee. be paid for The education employee is not entitle PLAN B 1. Definition of Eligibility. A. All current employees including Fire Marshal /Battalion Chiefs, not eligible for Plan A. B. All employees hired on or subsequent to June 30, 1981. 2. Eligibility. A. Employees eligible for Plan_B must be employed by the City of San Luis Obispo for one year before any payment will be made. . B. Must successfully complete within a 12 -month period, commencing on or after July 1, 1980, 6 semester units, or 9 quarter units, in college level course work in fire science courses or classes approved by the Fire Chief. Provided such courses shall be completed at the employee's own expense and during off -duty -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r -. i hours. 3. Incentive Pay. The educational incentive pay shall be $50.00 per month for a period of 12 months. Tuition and Books If an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job - related courses upon satisfactory completion of same with a grade of "C" or better. -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 15 UNIFORM ALLOWANCE A. Each sworn employee shall be required to wear an approved uniform to promote the department's public image, except for the positions designated by the Fire Chief as only requiring occasional usage. Such positions shall receive one -half of the regular allowance. Each employee shall receive an annual allowance of $309 paid semi- annually to be spent on the purchase and maintenance of department- approved uniforms. Said allowance shall be paid directly to each eligible employee on the 7th of July and on the 7th of January unless said payment is ordered withheld by the Fire Chief pursuant to disciplinary action. The Fire Chief or his designated representative shall conduct an inspection at least once a year to ensure that each employee has the minimum number of uniforms and that all uniforms meet department standards regarding safety and appearance. Employees whowse uniforms do not meet standards may have future allowances withheld or be subject to disciplinary action. This allowance shall not be paid for any employee who is off duty due to a job - related injury at the start of any calendar six -month period. If the employee returns to work during that six -month period, his /her uniform allowance will be prorated. B. A uniform allowance cash advance will be given to new employees for purchase of their uniforms. If the employee severs employment with the City or is terminated within one (1) year, then cash advance shall be deducted from the -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J I employee's last paycheck. C. Where the agreement refers to uniform standards, it shall mean the following: The Fire Chief shall establish and maintain a set of standards for the maintenance, care and wearing of employee uniforms. Such standards shall be on file in the Fire-Chief's office, in each fire station, and in the Personnel Director's office. -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 16 INSURANCE I A. 1 July 1984 City shall contribute $182.40 per month for medical, dental, and life insurance for each regular, full time employee in the unit, effective 1 July 1984. The "reimbursement" established in the 2/17/84 ADDENDUM to the 1982 -84 Agreement shall not be paid. B. 1 January 1985 City shall contribute $207.40 per month for medical, dental, and life insurance for each regular, full time employee in'the Unit, effective 1 January 1985. C. 1 January 1986 City shall contribute $232.40 per month for medical, dental, and life insurance for each regular, full time employee in the Unit, effective 1 January 1986. D. 1 January 1987 City shall contribute $257.40 per month for medical, dental, and life insurance for each regular, full time employee in the Unit, effective 1 January 1987. E. City shall have the right to change insurance costs during the term of this Agreement. Any costs in excess of the established contribution rates shall be paid by the employee. F. City shall pay to each full -time regular employee by -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 December 22, an annual lump sum payment ('subject to appropriate taxation) for the difference between the amounts provided under Sections A, B, C, or D above, or the prorated share for less than full -time employees, and any lesser sum expended by the employee for medical and dental coverage for the period of January l through December 31. Parties agree that City payment of this lump sum is based on favorable tax treatment by the IRS and the State Franchise Tax Board.. Should such tax treatment change, the Association and the employees hold harmless the City, its officers and agents, including but not limited to, liability for back taxes, arising out of this Agreement to pay such lump sum. Should tax treatment change, the Association shall have the opportunity to meet and confer regarding the impact of such changes. Each employee shall be required to carry both medical and dental insurance for self. The City agrees to maintain the current level of benefits but reserves the right to choose insurance carriers and /or the method of insuring and funding these benefits. -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 � 1 ARTICLE 17 n.e.r,r RETIREE'S MEDICAL INSURANCE Employees covered by this Agreement who meet all of the conditions set forth below may continue group medical coverage at group rate paid totally by the employee. The qualifying conditions are: A. The employee must retire from City service, apply for and actually receive retirement benefits through the City's retirement system. B. The employee must be at least 50 years of age. C. The employee must have at least ten (10) years of "service with the City. D. The employee may have dependent coverage only for those dependents covered for the last year of employment with the City. E. All employee and dependent coverage will cease upon the death of the employee or upon the employee reaching age 65. This benefit only applies to employees who retire during the term of this Agreement. This benefit shall continue beyond June 30, 1987, if, and only if, there is mutual agreement of the parties to continue such benefit. -29- 1 2 3 4 5 6 7 8 9 10 1.1 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 18 VACATION LEAVE �11� 1. Each incumbent of a 40 -hour a week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous.service since the benefit date for the first five years; 15 days per year upon completion of five years; 18 days per year upon completion of ten years; and 20 days per year upon completion of twenty years. Employees scheduled for more than 40 hours per week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled work hours. 2.. An incumbent is not eligible to.use accrued vacation leave until after the completion of the sixth calendar month of service since the benefit date. 3. A regular employee who leaves the City service shall receive payment for any unused vacation leave. Probationary employees with less than 12 months of continuous service shall not be eligible for. such payment. 4. Department Heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor and, second, insofar as possible, with the wishes of the employee. 5. There will be no accrual of vacation leave to non -shift employees in excess of 200 hours or 25 accrued days. Maximum accrual of vacation leave for shift employees is governed by Article 20. -30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 19 �<�111 HOLIDAYS f 1 The following days of each year are designated as paid holidays: January 1 - New Year's Day February 12 — Lincoln's Birthday Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - .Independence Day First Monday in September - Labor Day September 9 - Admission Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas One -half day before Christmas One -half day before New Year's When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. -31- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 29 VACATION-AND-HOLIDAY LEAVE FOR SHIFT EMPLOYEES Each employee on 24 -hour shift duty shall earn 5.6 hours of holiday leave semi- monthly, in lieu of fixed holidays. Each employee will receive payment at the straight time hourly rate, for 1/2 of the holiday leave (2.8 hours) each semi- monthly payroll period. During the period July 1 through June 30, each employee has the option, subject to the approval of the-Fire Chief or his /her designated representative, of taking the remaining (67.2 hours annually) holiday leave off or being paid at straight time for any unused leave. Any holiday leave not taken as of June 30 will be paid off at the straight time rate. This 2.8 hour semi- monthly straight time pay shall not be considered part of the base hourly rate. Employees on shift duty shall be able to accrue to a maximum of 414.4 hours of time from the combination of vacation leave and holiday leave. Specific vacation accrual rates are set forth in Article 18, Vacation Leave. Payment for one half of holiday time in lieu of holiday time off shall continue beyond 30 June 1987, if, and only if, there is mutual agreement of the parties to continue such practice. Furthermore, unless the parties agree otherwise, effective 1 July 1987 and employee shall be able to accrue to a maximum of 280 hours of vacation and 134.4 hours of holiday time. -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i i ARTICLE 21 BEREAVEMENT LEAVE At each employee's option, absence 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 section shall not exceed five (5) working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information given concerning the death of relationship shall be cause for discharge. -33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 22 SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code. 1. 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 - 508 Such, payment shall be made within seventy -two hours of notice to the City of an employee's death. (b) Retirement and actual commencement of PERS benefits: (1) After ten years of continuous employment - 108 (2) After twenty years of continuous employment - 158 (c) Job - related disability retirement and actual commencement of PERS benefits - 758 with a maximum of 1000 hours payoff (758 of 1333.3 accrued hours.) 2. An employee may take up to three days per year of sick leave or the shift equivalent for shift employees (33.6 hours) if required to be away from the job to personally care for a member of his /her immediate family. A member of the employee's immediate family, shall mean spouse, child, brother, sister, parent, parent -in -law, step- parent, step - brother, 'step- sister, grandparent, or any other relative living in the same household. -34- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 23 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on- the -job injury in accordance with state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850, shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first 90 days of such disability absence. The only position currently eligible for this benefit is the Fire Vehicle Mechanic. -35- 1 2 3 4 5 6 7 8 9 1.0 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 24 RETIREMENT A. The City agrees to provide the Public Employees' Retirement System's one -half pay at age 55 plan to all sworn personnel and the 28 at age 60 plan to all non -sworn personnel. The one -half at age 55 plan includes five amendments, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, age 50 voluntary retirement, and one -year final compensation. The 28 at 60 plan has two amendments, 1959 Survivor's Benefit and one year final compensation. B. Effective 1 July 1983, City agrees to provide PERS 2% at 55 for sworn personnel and 2% at 60 for unsworn personnel, with amendments as specified in A. C. 1 July 1986 (1) Effective 1 July 1986, City agrees to provide PERS 2% at 50 for sworn personnel, in addition.to the options provided above. (2) Effective 1 July 1986, and subject to (3) below, City agrees to contribute up to 2% of an employee's obligation to contribute to PERS, if the employee selects the 2% at 50 option. The amount paid by the City is an employee contribution and is paid by the City to partially satisfy the employee's obligation to contribute to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 -- 18 19 20 21 22 23 24 25 OU 27 i employee. The Association understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the amount provided in this Agreement which may result by action of PERS or the state legislature. Parties further agree that City payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax-Board and the IRS. Should current tax treatment change, the Association and the employees hold harmless the City, its officers and agents from any and all claims or costs of any type, including but not limited to, liability for back taxes, arising out of this Agreement to pay part of the employee's PERS contribution. Should current tax treatment change, the Association shall have the opportunity to meet and confer regarding any such changes. It is understood and agreed to by the parties that the City "pick up" of a portion of the employees's PERS contribution is in lieu of wages. Therefore, in all comparisons made with other agencies, a percent equal to the City "pick up" of the employee's PERS contribution will be added to the total compensation provided by the City to the employees. 28 11 -37- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Effective 1 July 1986, City agrees to contribute up to 7% of the Fire Vehicle Mechanic's obligation to contribute to PERS, if at least half of the eligible employees select the 2% at 59 option. The amount paid by the City is an employee contribution and is paid by the City to partially satisfy the employee's obligation to contribute to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf-of the employee. The Association understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the amount provided in this Agreement which may result by action of PERS or the state legislature. Parties further agree that City payment of PERS contributions is made based upon tax treatment. currently permitted by the State Franchise Tax Board and the IRS. Should current tax treatment change, the Association and the employees hold harmless the City, its officers and agents from any and all claims or costs of any type, including but not limited to, liability for back taxes, arising out of this Agreement to pay part of the employee's PERS contribution. Should current tax treatment change, the Association shall have the opportunity to meet and confer regarding any such changes. -38- i 1 It is understood and agreed to by the parties that the 2 City "pick up" of a portion of the employees's PERS 3 contribution is in lieu of wages. Therefore, in all 4 comparisons made with other agencies, a percent equal 5 to the City "pick up" of the employee's PERS 6 contribution will be added to the total compensation 7 provided by the City to the employees. 8 9 (4) For employees hired after 1 July 1986, the PERS 2% at 10 50 plan shall include the modifications shown in 11 Section A. above, except that it shall provide 12 . three -year final compensation. 13 14 (5) The City's maximum obligation arising out of the 15 application of this article is ten percent (10 %). If 16 the additional cost of the City's PERS contribution due 17 to the selection of 2% at 50, when expressed as a 18 percent, is eight percent (8 %) or less, then the City 19 shall contribute two percent (28) of the employee's 20 PERS, as provided in (2) above. 21 22 If the additional cost of the City's PERS contribution 23 due to the selection of 2% at 50, when expressed as a 24 percent, is more than eight percent (88) but less than 25 ten percent (10%), then the City shall contribute an 26 amount equal to the difference between the City's cost 27 and ten percent (10%), as provided in (2) above. 28 -39- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If the additional cost of the City's PERS contribution due to the selection of 2% at 50, when expressed as a percent, is more than ten percent (10 %), then the parties shall meet to decide how to implement the 2% at 50 without exceeding a ten percent (10 %) City cost. -40- 1 2 3 A. 4 5 6 'j 8 9 10 11 12 13 14 15 B. 16 17 18 19 20 21 22 C. 23 D. 24 25 26 27 28 ARTICLE 25 HOURS Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a period of one year, shall average approximately fifty -six (56) hours per week. For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix B. A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.) Shift-Exchange - The Fire Chief or his representative may authorize employees covered by this Agreement to exchange shift assignments with other department employees of equal rank or qualifications for the position. Vacation Exchange - The Fire Chief or his representative may authorize employees covered by this Agreement to exchange vacation leave with other department employees of equal rank or qualifications for the position. Early Relief - The Fire Chief or his representative may authorize employees covered by this Agreement to relieve another department employee of equal rank or qualifications for the position prior to the end of the scheduled shift. -/+1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ARTICLE 26 HEALTH /FITNESS The City, the department and the Firefighters Association are desirous of implementing measures to promote the well being of employees and reduce the incidents of preventable accidents, illnesses, and disabilities and shall work cooperatively to encourage and develop appropriate programs to enhance physical fatness and health. The Association recognizes that it is the policy of the City to hire non smokers in the Fire Department. The Association further recognized there is a fire department policy concerning smoking in departmental facilities and vehicles. The parties agree that smoking poses health risks to non - smokers as well as smokers. 28 11 -42- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I ARTICLE 27 JARVIS AMENDMENTS If during the budget preparation for the 1985 -86 fiscal year, revenue projections show a significant impact on City revenue as a result of the passage of the Jarvis initiative in November, 1984, at the request of the City the parties shall meet to discuss the impact on this Agreement. -43- 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 � I \ J ARTICLE 28 SALARY SURVEY CITIES Cities to be used for review of salaries shall include: Carlsbad Escondido Lompoc. Monterey Redding Salinas Santa Barbara Santa Cruz Santa Maria Santa Rosa Vista It is agreed that, during the negotiations to produce a successor Agreement, either party may propose changes to the above list of cities. A revised, mutually agreed upon list, may be used during the negotiations to produce a successor Agreement. -44- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i ARTICLE 29 WORK ACTIONS 1�1.11� Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation. Provided however that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. (a) Employee organizations shall not hinder, delay, or interfere coerce employees of the City to hinder, delay, or interfere with the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful picketing. (b) In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by Article 27 (a) hereof, the City, in addition to any other lawful remedies or disciplinary actions, may, by action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. (c) Employee members of any employee organization shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing and able to perform such duties in the -45- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 customary manner and at a reasonable level of efficiency. Any decision made under the provisions of this Section may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (19) working days after the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. -46- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ARTICLE 30 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. The parties,.for the term of this Agreement,• voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action. is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request. -47- c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 31 SAVINGS CLAUSE If any provision 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 thirty (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. 3405 (1977 Series). i -48- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 32 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Agreement: A. The Association's principal authorized agent shall be the President (address: 748 Pismo Street, San Luis Obispo, California 93401; telephone: (805) 549 - 7380). B. Management's principal authorized agent shall be the Personnel Director or his /her duly authorized representative (address: P.O. Box 321, San Luis Obispo, California 93406; telephone: (805) 549- 72.52). -49- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 ARTICLE 33 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 1984 and shall continu.e in full force and effect until expiration at midnight, June 30, 1987. SIGNATURES <111t 1. Classifications covered by this Agreement and included within this unit are.shown in Appendix "A ". 2. This Agreement.does not apply to Temporary Employees or Part -time employees. This Agreement was executed on June 29, 1984 by the following parties. CITY OF SAN LUIS OBISPO kc Don Becker, City Consultant Ann Crossey, Personnel Director ATTEST: SAN LUIS OBISPO FIREFIGHTERS' ASSOCIATION -50- Ed Marcom, President 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r- APPENDIX A CLASSIFICATION CODE Firefighter 705 Fire Vehicle Mechanic 444 Fire Engineer /Inspector 707 Fire Captain (Prevention) 713 Fire Captain (Suppression) 715 Fire Battalion Chief 725 Fire Battalion Chief/ F Training Officer 726 Fire Marshal /Battalion Chief 730 -51- 36 F 37 F 36 F 37 F SALARY RANGE 7/1/84 7/1/85 21 F 21 F 22 F 22 F 24 F 24 F 30 F 30 F 30 F 30 F 36 F 37 F 36 F 37 F 36 F 37 F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX B WORK SCHEDULE ILLUSTRATION For purposes of illustration only, the shift schedule pattern for employees working a fifty -six (56) hour work week consists of five (5) twenty -four (24) hour on -duty periods within a fifteen (15) day cycle which is worked in accordance with the following.chart: X = 24-hour on -duty period 0 = 24 -hour off -duty period SCHEDULE; XOXOXOXOX000000 -52- RESOLUTION NO. 5398 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT P,EW EF..N THE CITY AND J. DENNIS A.HEARN FOR LEASE OF THE NORTHEAST CORNER OF SANTA ROSA AND MILL STS. (RE24lANT OF RIGHT— OF —GIAY) BE IT PESOLVED by the Council of the City of San Luis Obispo as follows: SECTION L. That certain agreemen -t, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and J. DENNIS AHEAPN is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: J. DENNIS AHEARN, CITY ADMINISTRATIVE OFFICER, FINANCE DIRECTOR, C01,12fUNITY DEVELOPMENT DIRECTOR On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Dunin the foregoing Resolution was passed and adopted this 3rd day of Tj,jy ,1984. A ?PRO V_ City Amin tr the Officer City AttArney Finance Direc,Cor F. 5398 DIDYID( This Agreement is made and entered into in San Luis Obispo, California on this 3rd day of July 19841 by and between the CITY OF SAN LUIS OBISPO a chartered municipal corporation of the State of California, hereinafter referred to as "Lessor" and J. DENNIS AHEARN, an individual, hereinafter referred to as "Lessee"; jointly referred to hereinafter as the "parties". RECITALS The parties enter into and execute this Agreement with knowledge of and reliance upon the follading facts: 1. Lessor is the owner of the real property camionly known as the northeast comer of Santa Rosa and Mill Streets, San Luis Obispo, California, whose legal description is: Portion of lot 4* block 331 City of San Luis Obispo, APN02-311-07. This property is hereinafter referred to as the "premises". 2. Lessee desires to rent the premises and improve the same fora Parking lot to be used in conjunction with Lessee's adjoining property LOW; THEREFORE,* in Consideration of the mutual and respective covenants set forth herein, and subject to all the terms and conditions hereof, the parties agree as followse A. Premises. Lessor hereby leases to Lessee and Lessee hereby demises and leases fran Lessor for the term, at-the rental; and upon the conditions hereinafter set forth the premises described in paragraph 1 above.. B. Term. This lease shall be for the term of ten years beginning on August 1, 1984; and ending on July 31, 1994. C. Option to Extend. At the expiration of the initial term of this lease Lessee shall have the option to extend this lease for an additional period of five (5) years, subject to all the terms and conditions of this Agreement including, but not limited to, provisions relating to increased rent; provided (1) Lessee gives Lessor. sixty (60) days' written notice of the exercise of the option at the address and in the manner set forth in paragraph T below; and (2) that this lease shall be in effect at the time notice is given and on the last day of the term; and (3) that Lessee shall not be in default under any provision of this lease at the time notice is given or on the last day of the term. D. Rent. Lessee agrees to pay Lessor as rent for the demised premises One Thousand Four Hundred Forty Dollars ($1,440.00) per year ($ 120.00 per month) payable annually in advance an the first day of August; provided, Lessee shall have no obligation to pay any portion of the first year's rent until the date of issuance of a building permit from the City of San Luis Obispo for Lessee to add approximately 600 square feet of office space on the adjoining property located at 1120 Mill Street (the "addition") or the expiration of 180 days after the date of execution of this Agreement, whichever first occurs. Lessor hereby waives any rent which may accrue prior to the date of issuance of the building permit or the expiration of one hundred eighty (180) days after execution of this Agreement, whichever first occurs. In the event this lease is terminated, prepaid rent will be prorated. Page 2 If Lessee exercises the cpticn to extend" Lessee agrees to pay Lessor as rent for the demised premises One Thousand Nine Hundred Twenty Dollars ($1 920.00) pet year ($160 per month) payable annually in advance on the first day of August.- beginning.August 11 1994. All rents shall be made payable to the "City of San Luis Obispo" and shall be sent to Lessor at the address to which notices to Lessor are given. E. Termination. Nothing in this lease shall be construed to grant Lessee any right or entitlement to any permit necessary for the addition at 1120 mill street described in paragraph D above. Should Lessee fail to receive all necessary permits for the addition at 1120 Mill Street within 180 days of the date of execution of this Agreement, Lessee may, at its option* terminate this Agreement without penalty by giving written notice to Lessor. The provisions of this paragraph.shall not apply U Lessor terminates this lease for breach or default by Lessee. F. installation - of- Improvements. Lessee agrees to improve the premises ses by installing a parking lot with landscaped area to City's standards and to City's satisfaction within 120 days of the date Lessee it first obligated to pay rent. G. Use-of -Premises. The demised premises shall be used by Ussee for a parking lot with landscaped area. Lessee agrees and covenants to use and maintain the premises and to devote the same only to such purpose. The premises shall not-be used for any other purpose without the prior.written consent of Lessor. if, at any time during the term or any renewals hereof, said Page 3 premises are used for or devoted to any other purpose or purposes without the prior written consent of Lessor, this lease shall immediately terminate and Lessor may re -enter and take possession of said premises and remove all persons and property therefrom. H. Maintenance of Premises. Lessee agrees to keep and maintain the premises in good order and condition at its expense to the satisfaction of Lessor. If Lessor is dissatisfied with the condition of the premises, Lessor shall so notify Lessee in writing at the address to which notices to Lessee shall be given. Lessee shall thereafter have thirty (30) days within which to bring the premises to Lessor's satisfaction. If Lessee fails to do so within the time provided; Lessee shall be deemed to be in default and Lessor may terminate this Agreement. Lessor reserves the right at any time to make such reasonable rules and regulations as in its judgment may from time to time be necessary for the safety; care, or cleanliness of the premises; and Lessee agrees to strictly comply therewith. I. Nuisance. Lessee shall not canmit or suffer to be committed nuisance, waste, or unlawful act in or about the premises. J. Compliance with Laws. Lessee agrees and promises to comply with and obey all applicable federal, state, county and municipal laws, ordinances or regulations including, but not limited to, those pertaining to discrimination. Page 4 K. Assignment. Lessee agrees not to assign this lease without the prior written consent of Lessor, which consent shall not be unreasonably withheld. Any other assignment or attempted assignment by Lessee shall be void, shall confer no rights on any third party, and shall be good cause for termination of this Agreement by Lessor at its option. This Agreement shall not be assignable by operation of law. L. Lessee "Not Agent of'Lessor. Neither Lessee nor any of Lessee's agents or contractors are or shall be considered to be agents of Lessor in connection with the performance of Lessee's rights and obligations under this Agreement. . M. Release. Lessor shall not be responsible to Lessee for any loss of property from said premises however occurring. Lessee hereby waives any and all claims for damages that may be caused by Lessor in re- entering and taking possession of the premises thereby in accordance with the terms of this Agreement and further waives all claims for damages to or loss of property belonging to Lessee which may be in or upon the premises at the time of such re= entering. N. Indenmification. Lessee agrees to and shall defend, indemnify, and save harmless Lessor and its agents, officers, and employees, fran and against any and all claims, demands, Page 5 liability; costs, expenses, damages; causes of action and judgments for loss or damage to property or for death or injury to persons in any manner arising out of this Agreement or out of the performance or attempted performance of the provisions hereof; or occurring in or about the premises including; but not limited to; any act or omission or act of negligence by Lessee, its agents, employees, or independent contractors directly responsible to Lessee excepting only such injury or death which may be caused by the sole negligence or willful conduct of Lessor, or its agents, officers, employees, or independent contractors directly responsible to Lessor. O. Insurance. Lessee agrees to and shall take out and maintain during the entire term of this Agreement, in a form and with companies acceptable to Lessor, public liability and property damage insurance in the amount of at least One Million Dollars ($1,0001-000) combined single limit for bodily injury and property damage. All such insurance or the endorsements thereto mist include the following provisions: (1) If the insurance covers on an "accident" basis, it must be changed to 'occurrence ". (2) The policy must cover personal injuries as well as bodily injuries. (3) The policy shall-include coverage for errors or amissicns by Lessor and its agents, officers, employees, or independent contractors directly responsible to Lessor. Page 6 (4) The policy shall require the insurance carrier to give Lessor thirty days prior written notice of any cancellation of such insurance or a reduction in the amount thereof or any major change. (5) The policy shall provide that the insurance will act as primary insurance and that no other insurance effected by Lessor or other named insureds will be called to contribute to the loss covered thereunder. (6) The City of San Luis obispo, its officers; agents, and employees shall be named as additional insureds under the policy. Approval of the insurance by Lessor does not relieve or decrease the extent to which Lessee may be held responsible for payment of damages resulting from this operation. P. Effective-Waiver. Lessor's waiver of breach of any one teen; covenant; or other provision of this Agreement is not a waiver or breach of any other term; nor subsequent breach of the term or provision waived. Q. Surrender of Possession. At the expiration or termination of this Agreement; Lessee promises and agrees to deliver unto Lessor the demised premises in as good condition as of the date this Agreement was entered into, reasonable wear and tear excepted. R. Right'of-First:Refusal. Should Lessor, during the initial term of the lease or any extension thereof, elect to sell all or any portion of the premises, Lessee shall the right of first Page 7 refusal to meet any bonafide offer of sale on the sane terms and conditions of such offer. Lessee shall be deemed to have met any bonafide offer of sale if he advises Lessor in writing of his acceptance within thirty (30) days after notice thereof by Lessor and consummate.s the transaction within an additional thirty (30) days. Should Lessee fail to meet such bonafide offer or consummate the transaction within the specified; time - Lessor shall be free to sell the premises or portion thereof to any third person in accordance with the terms and conditions of its offer. If Lessor receives from any third party an acceptable bonafide offer to purdhase any or all of the premises, it shall submit a written copy of such offer to Lessee giving Lessee thirty (30) days within which to elect to meet such offer. If Lessee . elects to wept such offer it shall so advise Lessor in writing within thirty (30) days of the notice from Lessor and shall consummate the transaction within thirty (30) days there-after. Should Lessee fail to meet such bonafide offer or consummate the transaction within the time specified' Lessor shall be free to sell the premises or port-ion thereof to any third per-son in accordance with the term and conditions of its offer. S. Forced-Sale. In the event Lessor is required by any other public entity including,- but not limited to- the state or federal government to payback any funds used to purchase the premises or to sell or otherwise dispose of the premises. Lessor shall so advise Lessee in writing. Thereafter; Lessee Page 8 shall have the option to purchase the property for the sum of TWenty-one Thousand Five Hundred Dollars ($21,-500) cash by advising.Lessor within fifteen (15) days after receipt of the notice the Lessee wishes to exercise its option and by consummating the transaction within thirty (30) days thereafter. Should Lessee elect not to purchase the property, or fail to give Lessor notice os his election to purdiase or consummate the transaction within the. time specified; then Lessee agrees topay rent in addition to the rent specified in paragraph D above. The total monthly rent (including the rent under paragraph D above plus the additional rent) shall be equal to the amount Lessor is otherwise obligated to pay back to any public entity amortized over r a period of twenty (20) years at twelve percent (12%) interest. T. Notices. Unless otherwise re notices provided; all - required herein shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid; return receipt requested. Notices required to be given to Lessor shall be addressed as follows: City Administrative Officer City of San Luis Obispo P. 0 x 321 San Luis ;L:0 o, CA 93406 Obispo; Notices required to be given to Lessee shall be addressed as follows: J. Dennis Ahearn 537 Cerro Rcmauldo San Luis Obispo, CA A 93401 Page 9 provided that either party may change its address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. U. Entire Agreement. The Agreement contains the entire Agreement between the parties hereto relating to the lease of the premises and may not be modified except by instrument in writing signed by the parties hereto. V. California Law. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. W. Captions. The captions, paragraphs, and subparagraph numbers and letters appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs and do not in any way affect this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. LESSEE: LESSOR: Page 10 RESOLUTION NO. 5397 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERRING UNALLOCATED STREET FUNDS TO A PROJECT ACCOUNT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That a budget account be established to provide funds to construct the Street Widening Project, East Side of Higuera Street - South St. to 130'+ Southerly, City Plan No. H -60A. SECTION 2. Be it further resolved that $22,000 be transferred from the Unallocated Street fund to this budget account. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of July f 1984. R 5397- 6 Resolution No. 5397 (1984 Series) APPROVED: eau-p a 4r s City Administrativ 0 ficer City Att ney Finance Dtf for ) 0 %�akm= - C" ity En 'Weer Gild 0 RESOLUTION NO. 5396 (1984 Series) IN RECOGNITION OF THE SERVICES AND ACCOMPLISHMENTS OF LIEUTENANT GARY H. ,C7RANT OF ME SAN LUIS OBISPO POLICE DEPARTMENT WHEREAS, Lieutenant Clary H. Grant was appointed to the San Luis Obispo Police bepartment as a police officer on November 1, 1967, and has since been promoted through all of the ranks to his present position as Lieutenant commanding the Patrol Division; and WHEREAS, the provision of quality police services to the people of the City of San Luis Obispo requires an ever improving level of management knowledge, training, and sophistication ahich are obtained through personal dedication to the improvement of skills and by obtaining higher degrees of university level education; and WHEREAS, to this end, Lieutenant Clary H. Grant recently completed eleven weeks of intensive training at the 137th Session of the Federal Bureau of Investigation (F.B.I.) National Academy in Quantico, Virginia, with studies directed to the areas of criminal law, management principles, behavioral sciences, forensic sciences, education, and communication arts; and WHEREAS, the 137th Session of the F.B.I. National Academy included two hundred fifty students representing command -level law enforcement from every state and several foreign countries and in which Lieutenant Clary H. Grant distinguished himself by his excellent educational and physical fitness endeavors; NOW, THEREFORE, BE IT RESOLVED that this Council hereby proclaims its pride in and appreciation for the services and accomplishments of Lieutenant Clary H. C7rant. On motion of Councilman Griffin, seconded by Councilman Settle, and on. the following +roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin, and Mayor Billig NOES: none ASSENT: none the foregoing Resolution was passed and adopted this third day of July, 1984. ty Clerk Pamela R 5396 tt� I F116 .-&., Neommo 1 RESOLUTION NO. 5395 (1984 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING PUBLIC WORKS DIRECTOR'S DISMISSAL OF JOHN WEBB FROM HIS POSITION OF MAINTENANCE WORKER II WHEREAS, on November 22, 1983, the City of San Luis Obispo's Public Work's Director, David Romero, served Maintenance Worker II, John Webb (hereinafter Appellant), with a document entitled "Notice of Proposed Disciplinary Action, Dismissal" constituting the allegations of charges, reasons and supporting materials for the dismissal of the Appellant as an employee of the City of San Luis Obispo; and WHEREAS, Mr. Webb was provided a "Skelly" hearing on November 30, 1983 and was represented by attorney Betty Saunders; and WHEREAS, Applicant appealed the dismissal to the City Personnel Board which commenced a closed hearing on the appeal on February 27, 1984 and continued on February 29, March 13 and March 22. Appellant being represented at the hearing by attorney Patricia Barry and the City of San Luis Obispo being represented by Assistant City Attorney Anne M. Russell; and WHEREAS, The Personnel Board made certain findings, conclusions, and based thereon, made a recommendation to the City Council that Applicant's appeal be denied; and WHEREAS, the City Council has reviewed the findings and recommendations of the Personnel Board (a written two -page document attached hereto as Exhibit A) and has reviewed the record (testimony as reflected in the official minutes and exhibits) of the Personnel Board hearing on appeal; and WHEREAS, the City Council has received and considered the April 23, 1984, letter from Patricia Barry, attorney for Mr. Webb regarding the qualifications of the members of the Personnel Board; and the Personnel Board's findings; and R 5395 ;RMREAS, on June 4, 1984 and June 12, 1984, the City Council conducted deliberations concerning the findings and conclusion of the Personnel Board; and WHEREAS, the City Council is in agreement with the recommendation of the Personnel Board that the appeal be denied; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1.Having reviewed the materials described hereinabove, the Council hereby adopts as its own the findings of the Personnel Board as set out under No. 1 on page 1 of the attached Exhibit A. SECTION 2. The Council hereby makes two further findings: one, that the testimony of Appellant with respect to the specific charges of possession and use of marijuana while on the job was not credible to any degree; two, that the testimony of the City's witnesses with respect to the same charges was credible and persuasive. SECTION 3. Having made the findings set out in Section 1 immediately above and based thereon, the Council hereby adopts as its own the conclusion set forth in No. 2 on page 1 of the attached Exhibit A with the exception of that part of number 2 which states: "The Board also found that the city was unable to prove that Mr. Webb abused sick leave, family care leave, or that Mr. Webb's performance for the period February 23, 1983 through November 1, 1983 was below satisfactory." SECTION 4. The Council further concludes that Mr. Webb has been afforded every possible opportunity to perform to accepted City standards, including those relating to conduct, attitude, and relationships with supervisors, and that he has consistently and continually failed or refused to perform. SECTION 5. Based on the findings and conclusions 'set out above, the Council hereby orders that the dismissal of the Appellant be upheld and therefore denies Appellant's appeal. On motion of Councilwoman.Dovey, seconded by Councilman Settle. and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 19th day of June 1984. ATTEST: CITY CLERK PAMELA OGES :•�c61 po-t.4-a Vile City Administrative Offr PERSONNEI. BOARD'S IN THE DISCHARC•E 0 FINDINGS JOHN WEBB txHI IT "A" The Personnel Board met on February 27, 29, March 13 and 2.2, 1984, the City's Maintenance Worker II. Anne Russell, to hear testimony and receive evidence concerning Patricia discharge of John Webb, resented the City's case. Assistant City Attorney, P at its meeting thesPersonnel Board, consideration Barry presented John Webb's of the facts of this case, on March 27, 1984, found the following: support of the 1. Has the City substantiated the charges in discharge? 1983, The City discharged John Webb effect essioneofe � and smoked contending that John Webb wa_� in POSS 1.983. marijuana on the job on November 18, The Board found that the City, by a preponderance of the evidence, proved that John Webb was in possession of, and smoked, marijuana on the job on November 18, 1983. 2. Was dismissal of the employee appropriate disciplinary action? , and its In its Notice of Dismissal dated December 2. .1983 1983,.::. Notice, of Recommended Dismissal .dateossessionrof?mary7uan�a� _`,ice the City contennded that eithe tether with Mr, ,excessive. d= the smoking of marijuana, g continued inability to conform to City regulationsand use of sick leave and below satisfactory ratings, history of offenses and substandard performance, merited Mr. Webb's dismissal. The Board found that the possession and smoking to employee's marijuana on the job tended•to•discredit the emP ye Code position with the City. This violation of the City's suspension in plaYCh, 1983, of Ethics (52708.1 of the Personnel Rules) in•con3 with the employee's 30 -day rc r ied the d that and written reprimand on October 4, 1983, j City's action of dismissal. that Mr Webb abused sick the City was unable to p Webb's performance leave-, family care leave, or that Mr• November 1, 1983, for the period February 23, 1983 through was below satisfactory.' The Board recommends that the dismissal be upheld. one /Dissent mes Buttery I/ j /a %d � __ — Date Personnel Board Findings Dismissal of John Webb Page Two ce Larry Ca ell Concu Dissent 12- �¢ Date �Concu Dissent Louise Matheny Date �7r1AG%% Conc /Dissent DaattLe Allyr64CReynolds IA- Concur issent Date Larry Voss s/////{ / /�� / �: � �. RESOLUTION N0._5394 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, APPROVING THE FINAL MAP OF TRACT 1122 (WOODBRIDGE MEADOWS) (R. WAYNE GANN, ET AL, SUBDIVIDERS - 2210 & 2217 EXPOSITION DRIVE) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council made certain findings concerning Tract 1122 as contained in Resolution No. 5170 (1983 Series). SECTION 2. Whereas a Faithful Performance bond in the amount of $380,000 is on file to guarantee installation of subdivision improvements and a Labor and Materials bond in the amount of $190,000 is on file; SECTION 3. Whereas all fees have.been paid. SECTION 4. Whereas all other conditions required per Resolution No. 5170 (1983 Series) for Tract 1122 have either been met or bonded for. SECTION 5. This Council hereby grants approval of the final map for Tract No. 1122 and authorizes the Mayor to execute the agreement. On motion of Councilman Settle seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 19th day of June , 1984. R 5394 Resolution No. 5394;(1984 Series) Page Two. APPROVED: - e, City "Administrative 0 ficer City Attorn y- Community Development Director .....r- City Eng' er A G R E E M E N T THIS AGREEMENT, dated this 19th day of June.--1984 . by and between R. Wayne Gann and Kathleen K. Gann herein "referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City" WITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final map for Tract 1122 11 City of San Luis Obispo, California, as approved by the City Council, on the 19th day of June , 19 84 . WHEREAS, the Subdivider desires that said Tract 1122 be accepted and approved as a final map pursuant to the Subdivision Regu- lations and Ordinances of the City of. San Luis Obispo, and WHEREAS, it is a condition of said regulat.ions and ordinances that the Subdivider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install.the following subdivision improvements in accordance with said subdivision ordinances and regula- tions, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wits 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4,. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspection and approval of such facilities by the. City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvemenrs:shall be estab- lished by the Subdivider in accordance with said approved 'plane and specifications. The Subdivider agrees that the work of installing the above improve- ments shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed W` ithin twelve (12) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of. said work ii delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 281.9 of the Civil Code. of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City Council. The subdivider does also agree to comply with' the following conditions established by 'the Planning Commission and /or the City Council. 1. Subdivision improvements required for Tract 781 and Tract 808 shall be completed, including the noise wall.along the entire South Street frontage. 2. The subdivider shall landscape the South Street channel with temporary irrigation and with approved g"roundcover which will not require annual main- tenance and will maintain until established or at least one.year from the date. of acceptance.of approvements: 3. All on -site improvements, including private driveways, landscaping, utilities, sewers, drainage improvements, and grading shown on plans for Tract 1122 are considered subdivision _improvements and are included in the subdivision bonds indicated herein on page 3. .1 4. The subdivider shall deposit a monumentation bond of $300.00_ to cover the installation of survey monuments in accordance with the approved map and payment for same. 5. Inspection fees (estimated at $1300:00) shall be deducted.from the Tract 781 deposit inspection funds (60- 4721 - 461 -T781) on f.ile.with the city. As to public lands or section property included within said Subdivision, if any, for the restoration Of lost section corners and for retracement of section lines, the. method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington,. D.C. -2- The Subdivider hereby attaches heretoj And as an integral part hereof, and at security for the,.perf6rmance of this agreement, greemen (instrument of credit /bond) approved by and in favor of. I the City of San Luis Obispo, and conditional upon the faithful performance- of-this agreement, which said (instrument of credit/bon-d) ,i.s i,n.:the amount of $ $380,000.00 and which is 'in the amount of the estimated, cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or detective construction of said improvements occurring within, twelve (12) months after acceptance thereof. In accordartce with Sedticin 11612.1 (d) of the Business and Professions Code of the State of California,• upon final completion and acceptance of the Work, City Will re.lease all. but 10% of the improvement security, that amount being de emed'sufficient to guarantee faithful performance by the Subdivider of - his obligation to remedy any defects in the improvements arising within,a-period of one year following the completion and acceptance thereof 'against any ny defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be diae-ified to have occurred on the -date as of which the City Council shall, by resolution pass an duly - passed d adopted, accept said improvements according to said plans and specifications, and any approved, modifications - . thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said I improvements or waive any defects in the same, or any. breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit or dash deposit which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider of his sirety. The Subdivider agrees. to deposit with the City a labor and material bond in the amount of 50% of the above desctibed i subdivision T I m rovements in accordance with State law. Said Subdivider shall deposit with the City the sum of (§,ee' Item 5, page 2) from which deposit the City will pay the salary and expenses -of *an -3- inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of (See Item 5, p. the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" — All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement.. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. 1N WITNESS WHEREOF, this agreement has been executed by: 19th day of June 19 84 Approved as to form: City torney Subdivider day of A f�,2� City Engineer MAYOR. Attest: City Clerk amela Voges RESOLUTION NO. 5393 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF AN AMENDMENT TO THE APPROVED TENTATIVE MAP FOR TRACT 1122 (WOODBRIDGE MEADOWS) LOCATED AT 2210 & 2217 EXPOSITION DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council; after consideration of the amended tentative map of Tract 1122, staff recommendations and reports thereon, makes the following findings: 1. The amended tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are Jconsistent with the general plan and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. S. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. 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. 8. Approval of the map amendment is categorically exempt from environmental review. SECTION 2. Conditions. That the approval of the amended tentative map for Tract 1122 be subject to original conditions as specified in City Council Resolution No. 5170 (1983 Series) attached hereto, and with changes to Condition 2 as follows: R 5393 2. Final map shall be filed and recorded showing a three -lot; air =space condominium subdivision with at most three phases of development and a single development phase for the land parcel west of Exposition Drive; land parcels to be numbered on final map. And added conditions as follows: 24. A single homeowner's association shall be established for the tract. 25. Final map shall include private sewer and drainage easements on lot 2 for the benefit of lot 1, to the approval of the City Engineer. On motion of Councilman Dunn _...- -_, seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 19th day of - ... June - - - - - - _ - ; 1984. Dev opment Director A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO. GRANTING APPROVAL OR TENTATIVE MAP FOR TRACT 1122. (WOODBRIDGE MEADOWS) LOCATED AT 2210 & 2217 EXPOSITION DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1, Findings.. That. this Council, after consideration of the tentative map of Tract 1122 and the Planning Cotmnission's recommmendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. 3.. The site 'is physically suitable for the type of development proposed.. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. 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. 8. The project is granted a negative declaration 'of environmental impact (with mitigation measures specified in initial study ER 26 -83). SECTION 2. Conditions. That the approval of the tentative: map for Tract 1122 be subject. to the following conditions: 1. The entire central common open space identified as a recreation area on the plans submitted for architectural review shall. be developed in conformance with finally approved architectural plans prior to occupancy of Phase I as depicted in the architectural submittal (ARC 83 -44). R 51.70 Resolution No. 5170 (1983 Series) Tract 1122 (Woodbridge Meadows) Page 2 2. Final map shall be filed and recotded showing a two -lot, air - .space condominium subdivision with at most three phases -of development and a single• development phase for the land parcel. west of Exposition Drive; land parcels to be numbered on final map. 3. All units shall be numbered and addressed as per a plan approved by the Community Development Department.. 4. Subdivider shall install address identification and directory signing clearly visible from the street at each driveway entrance to the approval of the Community Development Director. b' ��wsesa... .r�a:v�■ .ov�a.croo��o ...Nt:oap. . .eu�= a�nare- a�eitas�rss - .. 6. All private driveways shall be improved to a minimum of T.I. of 4 as approved by the Building Division. 7. Final map shall note entire condominium site is a public utility easement, except areas under buildings. 8. Subdivider shall install traffic control devices, signs, and curb markings to the approval of the City Engineer,. to include removable barriers where the drive ends at the South Street drainage channel.. 9. Subdivider shall install individually metered water service to each dwelling, via single laterals with manifolds, with meters clustered at the driveway frontages, to the approval of the City Engineer and the Building Division. 10. A registered civil engineer or land surveyor shall certify that the structures are correctly located prior to release of structures for occupancy. 11.. All sewer lines on -site shall be private and shall be maintained by the homeowner's association. Water mains shall be public. 12. Subdivider shall pay water and sewer charges as determined by the City Engineer prior to final map approval. 13. Subdivision is granted full credit for subdivision park -land dedication requirements. 14. Subdivider shall soundproof the interior of the dwelling;to 45 dB, consistent with the general plan Noise Element. 15. Reference on tentative map to Parcel C of Parcel Map 82 -230 shall be deleted, i Resolution No. 5170 (1983 Series) Tract 1122 (Woodbr'idge Meadows) Page 3 16.. Subdivider improvements required for Tract 781 and Tract 808 shall be installed, including the noise wall along the entire South Street frontage of the remainder parcel, streets., utilities and creek channel improvements. Landscaping within the South Street drainage channel and along the South Street sidewalk shall conform with plans approved by the Architectural Review Commission. 17. A wall height exception is hereby granted to permit the six -foot high noise wall within the required street yard along South Street. 18. A six -foot high concrete block wall shall be installed along the western boundary of the subdivision, in accordance with plans approved by the Architectural Review Commission, and shall include a gate providing access to the easement betwen Exposition Drive and the neighborhood parcel to the _- west. Both sides of all noise walls shall be- landscaped to the- satisfaction e ommuni y eve o men o p -- - _ ,. 19. All on -site driveways, nonstructural parking improvements, and utilities shall be installed as subdivision improvements. 20. All garages with a parking space in front shall be equipped with automatic garage door openers and occupants shall be provided two remote- control units. 21. Resident and visitor parking. spaces shall be designated to-the approval of the Community Development Director. 22. Covenants, conditions and restrictions shall be approved by the City _ Attorney and the Community Development Director prior to final map approval and shall include the following provisions: A. Creation of a homeowners' .association to enforce the CC&R's and to provide for perpetual, professional maintenance of all common areas including utilities, landscaping, driveways, lighting, walls, fences, and building exteriors in good condition; homeowners' association shall maintain the area between the wall along South Street and the curb face. B. Grant to the city the right to maintain common area and building exteriors if the homeowners' association fails to perform, and to access the homeowner's association for expenses incurred. C. No parking except in approved, designated spaces. D. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. E. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. Resolution No. 5170 (1983 Series) Tract 1122 (Woodbridge Meadows) Page 4 F. No outdoor-storage of boats, campers, motorhomes, or trailers nor long -term storage_ of inoperable vehicles. G. No outdoor storage by individual units except in designated storage areas. H. No change in city— required provisions of the CC&R's without prior City . Council approval: I. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the Homeowners' association within 15 days of any change in officers of the association. 23. The developer shall advise purchasers of units adjacent to Exposition Drive of the existence of an access easement for trucks from the property to the On motion of - Councilwoman Dovey seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey., Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 19th day of July , 1983. ATTEST: Q / City'JClerk Pamela ges ra D GrN ?g _ Ci y,AdminisGrative Off Icer i/ W 0 1. 6 "n �i�es�rrie�s !Foss (0/0 f, km 9) RESOLUTION NO. 5392 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, APPROVING THE FINAL MAP OF TRACT 1096 (ROB ROSSI, SUBDIVIDER) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council made certain findings concerning Tract 1096 as contained in Resolution No. 5067 (1983 Series). SECTION 2. Whereas a Faithful Performance bond in the amount of $20,000.00 is on file to guarantee installation of onsite subdivision improvements, and a $300.00 monumentation bond is on file. SECTION 3. Whereas all fees have been paid. SECTION 4. Whereas all other conditions required per Resolution No. 5067 (1983 Series) for Tract 1096 have either been met or bonded for. SECTION 5. This Council hereby grants approval of the final map for Tract No. 1096. SECTION 6. The Community Development Director and Public Works Director are hereby authorized to release the Faithful Performance and Monumentation Bonds upon satisfactory completion of the work. On motion of Councilman Settle , seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Settle, Mayor,Billig, Councilmembers Dovey and Dunin NOES: None ABSENT: Councilmah Griffin the foregoing Resolution was passed and adopted this 19th day of June 1984. ATT ST: MA R L IE C. BI V CI CLERK PAME VOGES R 5392 Resolution No. 5392 (1984 Series) Page 2. Approved: - Qa- a--- ��� City 'Administrative Offilcer City Attor ey i Community_D velopment -- Director ity Engineer I� �lo6� r, oss orr�rb y. IV I I:ESOI,1.j'r1oN NO. 5391 ( 1982 .Series A RESOLUTION 01' THE COUNCIL OF TIE CITY OF SAN LUIS OI;TSPO APPROVING AN EXT_ ENSION -AGREEMENT-_.- . BETWEEN:,THE CITY AND COUNTY FOR ANIMAL CONTROL SERVICES THROUGH JULY 31, 1984. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the County of San Luis Obispo for animal control services through July 31, 1984, is hereby approved and the Aiayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution.and a copy of the executed agreement approved by it to :- County of San Luis Obispo, Police Department, Finance Department On motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle; Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the fo.regoing.Resolution was passed and adopted this .19th -day of June- _ 1984. MAYOR LANIE C. BILL R 5391 L-1 Ll Amendment to W983-1984 agreement for Anim�k1jntrol Services: 11. Term and Renewal - This Agreement shall be effective on the 1st day of July, 1983, and shall terminate on the 31st day of July, 1984, provided that not later than March 15th next preceding said expiration date,-either party shall notify the other in writing that it does not wish to renew same. Otherwise, this Agreement will continue from year to year. IN WITNESS THEREOF, City of San Luis Obispo by resolution drily adopted by iss City Council causes this Agreement to be i signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Supervisors causes these-presents to be , subscribed by Chairman of said Board and seal of said Board to be affixed thereto attested by clerk of said,Board on the day and year first above- written. CITY OF San Luis Obispo COUNTY OF SAN LUIS OBISPO Chairman, Board of Supervisors ST: Franci s M. Cooney, Clerk (/ Board of Supervisors CITY CLERK P By: Deputy Clerk APPROVED AS TO FORM AND LEGAL EFFECT JAMES B. LINDHOLDM JR. County Counsel By: C_ _ o y County u el 01 r(/ 0 RESOLUTION NO. 5390 ('198.4 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ANNE RAMSAY FOR PERSONAL SERVICES PROVIDED FROM JULY 1, 198 ,4 THROUGH DECEMBER 31; =1984. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1-. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Anne Ramsay. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to : Anne Ramsay, Human Relations Commission,-City's Finance Director. On motion of Councilwoman Dovey, seconded by Councilman. Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 19th day of June: . 19'$4. - - ATTEST. U City Clerk Pamela ges I R 5390 `AGREEMENT LANDLORD /TENANT INSPECTION SERVICE ANNE RAMSAY THIS AGREEMENT is by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City') and Anne Ramsay, independent contractor providing consulting services (hereinafter referred to as "Consultant). WHEREAS, Consultant has the expertise to maintain a program known as Landlord Tenant Inspection Services (LM) and WHEREAS, City desires to retain Consultant as an independent contractor to provide certain services not currently performed by City employees or available within City services. NOW, THEREFORE, City and Consultant, for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Commencing July 1, 1984 Consultant agrees to provide services to the City as directed by the Human Relations Commission. Said services shall continue through December 31, 1984, providing, however, that either party may terminate this agreement by 14 days written notice to the other party. 2. Notwithstanding any other representation, oral or written, between the parties, including any and all. agents -.or representatives thereunder Consultant, a all times co, vered _ liy -the terms of the agreement, is acting as a free and independent-contractor and not as an employee of the City, 3. City agrees to provide office space.and,.supplies necessary for performance under:this agreement,. subject to purchase authorization by the City.. All supervision and direction necessary shall be provided by the Human Relations Program Manager in accordance with the guidelines established by the Human Relations Commission of the City of San Luis Obispo. 4: City agrees to pay consultant at the rate of 80% of fees collected, said fee amount and structure as shall be established by the Human Relations Commission. 20% of the fees-collected will be retained by the City for use by the Human'. Relations Commission for promotion and publicity of the LTIS program. Consultant shall transmit to the HRC a monthly statement of the services provided prior to payment stating the inspections made and full particulars as to clients and services. Consultant shall not accrue vacations, sick leave, or other similar benefits including unemployment insurance and medical benefits available to regular city employees. Agreement Anne Ramsay/City of San Luis Obispo i u i.y 1,1984 Page 2 5. Consultant agrees to use her best efforts' to maintain a program to be known as the Landlord Tenant Inpsect - ion Services- (LTIS). UTIS shall be a service made available to the tenants and, landlords in the City of San -Luis Obispo: No services under this agreement shall be provided- outside the City of San Luis Obispo. Such services will consist of, but not be limited to, an inspection of rental premises-upon the request of either a landlord or a tenant and the preparation of a report setting for the condition found to be present in said. premises. Consultant agrees to work within such guidelines as may be Set forth from time to time by the Human kelations Commissldn of the City of,S-3h LUIS Obispo. 6. This is an agreement for personal services and is not I .-bl-e without the prior written consent of the City. 7. NI I I information and records collected- by Consultant onsultan.t shall remain the- property of the City of San Luis Obispo. 8. For purposes of notice Under this agreement, all noi1ces shall be being tent b ail to the following actresses; considered effective upon b * g y certified m Contract i ^' Anne Ramsay /City of San "Luis Obispo Page 3 CITY: CITY CLERK City of San Luis Obispo PO Box 321 San Luis Obispo, CA 93406 CONSULTANT: ANNE RAMSAY 60 Mariposa Drive San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this day of 1984. CONSULTANT ANNE RAMSAY CITY OF SA LUIS OBISPO Human Relations Commission ATTEST: I JA U Parfie l Vogel C i ty V eAk RESOLUTION NO. 5389 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND H. DIETER HEINZ. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and H. Dieter Heinz is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Finance Director, Personnel Director, Fire Chief, and H. Dieter Heinz, Chemist. On motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 19th day of June , 1984. APP ,, n Q 4n-�r�' Ci y Administr tive is R 5389 City Attor ey ®A /. 10:.:j�, Personnel Director UPRI ,�. 1 m EXHIBIT "A" AGREEMENT FOR PERSONAL SERVICES THIS AGRE04NT, is by and between THE CITY OF SAN LUIS CBISPO, a chartered municipal corporation (hereinafter referred to as "City"), and H. DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred to as "Chemist"). WITNESSETH• WHEFEAS, H. Dieter Heinz is a qualified Chemist capable of analyzing and monitoring chemical materials found at hazardous material incidents throughout the City; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City employqeis or- available within City services; and WHEREAS, the Chemist provides chemical resource support during training and,• at emergencies; NOW, ttPump City and. Chemist for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as folows: I Beginning July li 1994, Chemist agrees to provide services to the City in accordance with the scope of work outlined .in Exhibit "B" attached hereto and thereby incorporated herein. Said services shall continue through June 30, 1985 providing, however, that either party may terminate this Agreement by two,week$ written notice to the other party. 7he general duties to be performed by said Chemist ;-;.hall be at the direction Of 66 Fire Chief. 2. Notwithstanding any other representations, oral. or written, between the parties, including any and all agents or representatives thereof, Chemist, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. Any and all supervision and direction by the Fire Chief shall be only that necessary to provide broad general outlines, and Chemist is to use his own initiative and discretion in performing the details of his work, provided, however, that Chemist may consult with Fire Department staff as he desires. 3. City agrees to provide supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. City agrees to pay Chemist the sum of $250 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of ten (10) hours service per month and will submit a detailed statement of the services provided prior to payment. Chemist will not accrue vacation, sick leave, or other similar benefits available to regular City employees. 5. City agrees to reimburse Chemist for authorized use of his personal vehicle on City Business at the rate of 23 cents per mile. 6. This is an agreement for personal services and is not assignable without prior written consent of the City: 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following addresses: City: City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Chemist: H.Dieter Heinz P:O. Box 4053 San Luis Obispo, Ca 93403 9. Chemist may be hired by the City to perform additional services not outlined in this agreement. Compensation for such additional services shall be at the rate of $45.00 per hour for the first two hours of emergency work (2 -hour minimum call out) and $25.00 per hour thereafter; said rate shall cover all cost benefits except transportation. 10. Subject to a 30-day written notice, City may reduce Chemist hours of service. In such event, City agrees to compensate Chemist at a•rate of $25 per hour. IN WI'ITfESS THEREOF, the parties hereto have caused this Agreement to be executed. ATTEST: Cit Clerk Pamela oges- CHEMIST a ,' M2_ _ XDie i er Heinz -" EXHIBIT "B" SCOPE OF WORK - CITY CONSULTING CHEMIST To serve as City Chemist performing such services as: a) Complete chemical analysis and identification of unknown materials and related compounds. b) Pesticides residues: Identification and analysis. c) Identification of any _foreign matter, either solid, gaseous or Liquid. d) Petroleum products: Analysis and recommendations.. e) Trace metal analysis. f) Air pollution: Monitoring, sampling and testing:_ Particle matter Hydrocarbons Sulfur Dioxide Carbon Monoxide Oxides of Nitrogen g) Certification and analysis of explosives, primers, detonators, etc. h) Provide hazardous material training to Fire Department _staff, i) Serve as a hazardous material resource person to the City. RESOLUTION NO::: 5388 (1984 Series) A RESOLUTION OF THE COUNCIL ADOPTING THE APPROPRIATION OF FEDERAL.REVENUE SHARING FUNDS ENTITLE_MENTS:15 AND 16 FOR THE 1984 -85 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the Federal Revenue Sharing Appropriations as detailed in Exhibit "A" attached, are hereby adopted for the fiscal year July 1, 1984 thru.June 30, 1985. On motion of Councilman Settle and on the following roll call vote: seconded by, Councilwoman Dovey- , AYES: Councilmembers Settle, Dovey, Dunin and Mayor.Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this' 19th day of June, 1984. ATTEST. CITY ERK PAMELA GES APP ,., raAk -�O� City Administrative Officer City At R 5388 REVENUE SHARING ENTITLEMENTS 15 & 16 FY 84/8.5 APPROPRIATIONS Buchon Street Widening 30,000 Hydroblaster 29,000 Creek Improvements 175,000 Street Drain Reconstruction 90,000 City Hall Refurbishment 47,000 Corp Yard Improvements 74,000 Handicapped Accessibility Improvements 10,000 Recreation Facilities 39,000 Downtown Beautification 135,000 Swimming Pool Refurbishment 40,000 Project Planning & Contingencies 16,000 685,000 EXHIBIT "A" 0 RESOLUTION NO. 5387 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING FOR THE CAPITAL REINVESTMENT PROGRAM FOR THE 1984 -85 FISCAL YEAR AND THE APPROPRIATIONS THEREFOR, . BE IT RESOLVED by the Council of the City of San Luis Obispo that the Capital Reinvestment Program appropriations, by fund, as detailed below, are hereby adopted for the fiscal year July 1, 1984, through June 30, 1985; and further adopts the Capital Reinvestment Program for 1984 -85, as amended, on file in the Office of the City Clerk. FUND APPROPRIATION Streets $ 365,000.00 Revenue Sharing 685,000.00 Capital Outlay 60,000,00 Water 342,000.00 Parking 297,000.00 Sewer 223,000.00 TOTAL $1,972,000.00 On motion of Councilman Settle seconded by Councilwoman Dovjyand upon the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was adopted on June 19 , 1984. R 5387 Resolution No. 5387 (1984 Series) Page 2 G.ty A tive Officer J �h���� � � �i /� - -� � � �; .., .� ��: ; �o. I RESOLUTION NO. 5386 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS FOR THE OPERATING BUDGET FOR. THE 1984 /85 FISCAL YEAR AND THE APPROPRIATION LIMITATION FOR FISCAL YEAR 1984/85 BE IT RESOLVED by the Council of the City of San Luis Obispo that the Operating Budget, appropriations by program, as detailed in Exhibits A thru D attached, are hereby adopted for the fiscal year July 1,1984 thru June 30, 1985.. General -& Special.Revenue.Funds,(Exhibit A) General Fund $10,421,610 Library Fund 95,860 Parks & Recreation Fund 1,362,750 Business Improvement Area Fund 65,000 $11,9459-220 Enterprise Funds (Exhibit B) Water Fund $ 2,281,880 Sewer Fund 925,850 Parking Fund 237,200 Transit Fund 525,340 Golf Course Fund 1292000 $ 4,099,270 Trust & Agency (Exhibit C) Whale Rock Fund $ 275,150 North Coastal Transit 208,050 $ 483,200 Other_Operating.Funds(Exhibit D) Special. Assessment Districts $ 8,350 Equipment Replacement Fund 351,100 $. 359,450 Total Operating'Budget .Appropriations $16,887,140 BE IT FURTHER RESOLVED by the Council of the City of San Luis Obispo that pursuant to Article %I2IB of the Constitution, and Section 7900 of the Government Code, the appropriation limitation as it applies to proceeds of taxes is $13,634,473. On motion of Councilman. Settle seconded by Councilwoman- Dovey- , R 5386 and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 19th day of June, 1984. 1984/85 OPERATING BUDGET APPROPRIATIONS BY PROGRAM GENERAL AND SPECIAL REVENUE FUNDS APPROPRIATIONS General. Govern ment Legislative & Policy General Administration City Attorney City Clerk Finance Personnel Other /Governmental Bldgs. Community Development Planning Construction Development Economic Development Leisure,-Cult. & Social Svcs. Parks & Recreation Municipal Swimming Pool Municipal Golf Course City /County Library Community Promotion Fac. Human Relations Transportation Streets & Sidewalks Central Service Yard Public Safet - - - - -- Special Revenue Funds------ - General Library Parks & Rec. BIA 62,170 - - - 278,300 - - - 134,970 - - 139,470 328,890 - - - 140070 - - - 340,590 - - - 1,424,760 - - - 540,530 - - - 580,710 - - - - - 65;000 1,121,240 - - 65,000 264,920 136,810 401,730 1,356,890 119,540 1,476;430 95,860 95,860 -1;183,850 178,900 1,362,750 Police Protection 3,252,040 - - - Fire /Environmental Safety .29592,130 - - - Disaster Preparedness 31,280 - - - Animal Control 22,000 - - - 5,897;450 - other Expenditures General Contingencies Res. 100,000 - - - 100,000 - - - TOTAL APPROPRIATIONS 10,421,610 95,860 1,362,750 65,000 EXHIBIT "A" OPERATING EXPENSES & DEBT SERVICE Transportation Vehicle Parking Municipal Bus System Public Utilities Water Service Sewer Service Sewer Contingencies Reserve Golf Course TOTAL OPERATING EXPENSE 1984/85 OPERATING BUDGET. APPROPRIATIONS BY.PROGRAM. ENTERPRISE FUNDS Water Sewer Parking Transit 237,200 - - 525,340 Golf 2,281,880 - - - - - 900,850 - - - 25,000 - - - - - - 129000 2,281,880 925,850 237,200 .525,340 129,000 1984/85 OPERATING BUDGET APPROPRIATIONS BY PROGRAM TRUST & AGENCY FUNDS Whale Rock North Coastal Fund Transit OPERATING-EXPENSE-: Reservoir Operations :252,290' - Fishing Program Expense .22,860 - Vehicle Operations - 184,680 Non = Vehicle Maintenance - 1,500 Admin. & General Expense - 21,870 TOTAL APPROPRIATIONS 275,150 208,050 EXHIBIT ".C" 1984/85 OPERATING BUDGET APPROPRIATIONS BY PROGRAM OTHER OPERATING FUNDS Special Assessment District Debt Service 8,350 Equipment Replacement Fund Equipment Expenditures 351,100 TOTAL APPROPRIATIONS 359,450 EXHIBIT "D" RESOLUTION NO.5385(1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF AN OPEN SPACE EASEMENT REGARDING 148 ACRES IN TRACT 1182 (FERRINI) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after review of that certain proposed open space easement attached hereto marked Exhibit "A" and incorporated herein by reference, makes the following findings: 1. That the preservation of the land as open space is consistent with the general plan of the city; and 2. That the preservation of the land as open space is in the best interest of the city and specifically because both of the following reasons exist: (A) That the land is essentially unimproved and if retained in its natural state has either scenic value to the public, or is valuable as a watershed or as a wildlife preserve, and the instrument contains appropriate covenants to that end. (B) It is in the public interest that the land be retained as open space because such land either will add to the amenities of living in neighboring urbanized areas or will help preserve the rural character of the area in which the land is located. SECTION 2. Approval and acceptance. That Exhibit "A" is hereby approved and the Mayor is authorized to accept and consent to its recordation in accordance with established City procedure. R 5385 Resolution No. 5385(1984 Series) Page 2 I`J I On motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilman Griffin the following resolution was passed and adopted this 19th day of June 1984. i City AZf orney Director of Community Development 0 RECORDING REQUESTED By When recorded, return to: DOC. NO %35C28 CITY CLERK'S.. OFFICE FFICIAL RECORDS -CE SAN LUIS OBIS. PO PO CO.; - CAL City of San L - uis Obispo P. 0. Box 321 JUL 51984 San Luis Obispo, CA 93406 FRANCIS M. COONEY County C4qeK-Re=der OPEN SPACE EASEMENT TIME 2 ;3 5 PM This indenture, made and entered into this 19th day of June, 1984, by and between FELTON A. FERRINI and MARLENE A. FRAZIER, hereinafter called "Owner-" and THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City". WITNESSETH; WHEREAS, Owner possesses certain property situated in.the County of San Luis Obispo. State of California, hereinafter described as "the subject property" and mor e particularly described in Exhibit W, attached hereto and by this reference incorporated herein; and WHEREAS, the subject property has certain natural scenic beauty And existing openness; -and WHEREAS, both Owner and City desire to preserve and conserve for the public benefit the great natural scenic beauty and existing openn - natural condition and present state of use of said property of the owner; and VRIEREAS, the Owner requested annexation of 199 acres to the City with the intent that 51 acres would be allowed to deVelop with 86 single family home sites and that the remaining 148 acres beyond the City's urban reserve line would be preserved in its present scenic beauty and existing openness by the restricted use and enjoyment of said property by the owner- through the imposition of a perpetual open space easement with conditions hereinafter expressed; and VDL-f2611P4GF392 WHEREAS, the owner of said property submitted a development plan for said 51 acres as required by City annexation policy; and WHEREAS, the City approved said development plan by prezoning the 51 acre development area ".R - -1 Planned Development" subject to certain conditions of approval, including a grant to the City of a perpetual open space easement on said property and within said 148 acres certain public access rights to Bishop's Peak and to a scenic vista point defined on the owner's approved plan; and WHEREAS, the owner is willing to grant the perpetual open space easement on said 148 acres as a part of the annexation approval; and WHEREAS, the owner has supplied City with a title company Lot Book Report listing all trust deed beneficiaries and mortgages, if any, under prior recorded deeds of trust and mortgages on the subject property. WHEREAS, the owner has previously granted an open space easement for the subject property by instrument dated June 11, 1978 and which instrument was recorded on July 21, 1978 as document 35130 in the official records of San Luis Obispo County in Volume 20811 page 546 et seq; and WHEREAS, it has come to the attention of owner and City that certain prodcedural irregularities may have occurred in the granting, acceptance and recordation of the above-mentioned previously recorded open space easement,; and WHEREAS, it is the desire of owner and City to correct and rectify any errors that may exist as a result of said procedural errors involving the previously recorded open space easement. Now, THEREFORE, in consideration of the premises and in compliance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, and in further consideration of the mutual promises, covenants and the conditions herein contained and the substantial public benefits to be derived therefrom, the parties hereunto agree, as follows: 1. owner hereby grants to City an open space easement in and to the property described in Exhibit "B ", said grant of open space easement conveying to City an estate and interest in said real property of the nature and character and to the extent hereinafter expressed and resulting from the restrictions hereby imposed upon the use of said property by owner. To that end, and for the purpose of accomplishing the intent of the parties hereto, owner covenants, on behalf of himself, his heirs, successors, and assigns with the City, its successors and assigns to do and refrain from doing severally and collectively upon owner's property the various acts hereinafter mentioned. 2. The restrictions hereby imposed upon the use of said property by owner and the acts which owner shall refrain from doing upon the said property in connection herewith are, and shall be, as follows: 2.A. No structures will be placed or erected upon said premises except appurtenances for agricultural uses consistent with the open space character and the intent of this document. 2.B. No advertising of any kind or nature shall be located on or within said premises. n 2.C. owner shall not plant nor permit to be planted any vegetation upon said premises except as may be associated with erosion control or agricultural uses consistent with the provisions of this agreement. Permitted uses shall include but not be limited to grazing and related activities or other agricultural uses permitted by the City Council except as otherwise provided in Sections 3.C. and 3.D. 2:D: Except for the construction, alteration,. relocation and maintenance of public roads and utilities easements, the ,general topography of the landscape shall be maintained in its present-condition and no topographic changes shall be made. 2.E. No use of said described premises which will. or does materially alter the landscape or other attractive scenic features of said premises other than those above specified shall be done or. suffered. 2.F. owner shall not cut timber, trees or other natural growth, except as may be approved by the City Community Development Director for fire protection, or as required for thinning, elimination of diseased growth and similar protective measures. 2.G. owner shall not extract natural resources from 'said premises except for develoment of water rights. 2.H. No lot split shall be permitted, except as otherwise provided herein for 14 acres shown on Exhibit "A", attached hereto and by this reference incorporated herein 3. The following property rights in said property are hereby excepted from this grant and are reserved to owner: 3.A. The right to use and occupy said land shall be .limited to grazing and related activities or other agricultural uses as approved by the City. No vegetation other than that necessary for erosion control or permitted for agricultural uses may be planted. 3.B. The right to maintain all existing private roads, bridges, trails and structures upon said land, and the right to develop and maintain public and private water sources and systems. 3.C. The open space restrictions on 14 acres noted on Exhibit "A" are limited to allow a maximum of three (3) lots and three (3) dwelling units on said area subject to the approval of the City and rezoning of the property. 3.D. An additional exception from the open space. restrictions shall apply to the four (4) acres on Highway l as depicted on Exhibit "A" to allow intensive agriculture, horse stables, and caretaker's residence subject to the issuance of appropriate. permits. 4. Land uses permitted, or reserved instrument shall be subject to the ordinances of City regulating the use of land. 5. This easment shall remain in effect in perpetuity. 6. Notwithstanding any provisions herein, this grant of an open space easment shall in no way restrict the construction of', nor the right of the.Owner to permit construction of, public service facilities installed, or to be installed, for the benefit of the land which is the subject of this grant, provided such facilities are installed, or to be installed, pursuant to an authorization of the City Council. M 7. This grant may not be abandoned by City except pursuant to all of the provisions of Section 51990 of the Government Code of the State of California. 8. This grant of open space easement, as specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, shall be deemed to be an enforceable restriction within the meaning of Article XIII Section 8 of the Constitution of the State of California. 9. The trust deed beneficiaries and mortagees, if any, listed on the Lot Book Report referred to above, and whose signatures are affixed hereto, do hereby assent to this grant of an open space easement and, further, do hereby subordinate their respective interests to the restrictions imposed by this grant. 10. Land uses permitted or reserved to owner by this grant shall be subject to the ordinances of City regulating• the use of land provided,, further, that lot splits shall be prohibited, except as provided in Section 3.C. 11. The terms contained herein shall be binding on the parties hereto and their successors and assigns. 12. This open space easement shall be effective upon the approval and acceptance of City in accordance with the provisions of Government Code Section 51083. IN WITNESS HWEREOF, the parties hereto have executed this document on the day and year first above written. aINERS Felton A. Ferrini Marlene A. Frazier Notary: CITY OF SAN LUIS CBISPO a municipal corporation MAYOR 'MELANIE C. BILLIG ATTEST: CITY CLERK PAMELA VOGES Notary: EA. W *N A. • -J(n z <W —cc 0 Lu Z< y) w LLJ 1, X cr F5 x w UJ < LLJ D 0 —J (r- z Z :2 z W ::)LL) cf) w(f) U)CI F— . < 0 S:)- cr Cr D z < L) ; r— -- CE) z 0� 13 Fill LIJ o P LL m ;4 1-4 0 N lAOILDWS MEMO: Legibility of writing, Typing or Printing UNSATISFACTORY 5t 1, this do�mont will" received- Y e A ia... y ` � ferrini ArinexaLion Description. A parcel of land being a portion of the Northeast of Section 21 and tfie Northwest !; of the tdorth"est '; of Section 22, T.30S., R.12E., hi.D.hi., San Luis Obispo County,. California, described as follo.is: Geginning at the !;corner common to said Sections 21 and 22 and running along the ::est line of the Southwest !; of the (lortht:,est ' of said Section 22 North 0° 12' 00" East, 616.20 feet more or less to a point on the r•:esLerly line of Tract 460 as sho °:n on map filed for record in Gook 8 at Page 39 of heaps in the office, of the San Luis Obispo County Recorder; thence running along said westerly line North 210 10' 00" Crest, 292.19 feet more or less to the most we corner of said Tract 460; thence continuing along said westerly line North 62° 50' 00" East, 151.55 feet more or less to the said test line of the Sotithwest % of the northwest !; of said Section 22; thence continuing along said %.test line, (forth 00 12' 00" East, 314.12 feet more or less to.the northwest corner of the South:-jest Is of the Northwest !a of.said Section 22; thence East, 1320.00 feet more or less to the NorLheast corner of the Southwest !;, of the florth:•:est !; of said Section 22; thence running along the East 1ine.of the h104-thwest !; of the tlortheast !z of said Section 22. North 0° 03' 30" West, W059.30 feet more or less to a point on the westerly right -of -way line of California State Ilighw -ay 05- SLO -01; thence following said westerly right- of -t•:ay line North'44° 31' 30" West,. 33.89 feet more or less to a point; thence continuing along said right -of -way line North 500 38' 30" West, 33.44 feet; thence continuing.along said right -of -Cloy line North 45° 01' 30" 'West, 632.54 feet more or less to a point on file, north line of said Section 22;"thence along said north line North 89° 53' 20" blest, 829.05 feet more or less to the Northv:est corner of said Section 22; thence along the north fin& of said S -ection 21 '•TEST., 2640.00 feet r.or-e or less to the flortln•:est corner of the Northeast !; of said Section 2.1; thence SOUTH 2670.00 ferL more or less to the South,lest corner of the Northeast of said Section. 21; thr_r,ce EAST 2640.00 feet more or less to the 14 corner coa%non to S041d Section 21 and i "Pc Lion 2.2 and to the true point of t)eginning: Cori Laining 199 acres more or less. Except 51 acre portion zoned R -1 P.D. thereof owned by Owner and shown in white on Exhibit "A" r ;f CAT. NO. NN00627 fTO 1944 C?, t7 -82) i! (Individual) STATE OF CALIFORNIA TITLE INSURANCE MEAND TRUST ATXOA COMP COUNTY OF San Luis Obispo T SS. On June 26, 1984 ,before me, the undersigned, a Notary Public in and for .said State, personally appeared Felton A. Ferrini — — — — — — — — — — — — — — , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name is subscribed to the within instrument and acknowledged that he exe- cuted the same. WITNESS my hand and official seal. Signature MARILYN PERRY Notary Pub.%,California Principal Office In San Luis Obispo County My Comm. Exp. Aug. 12, 1987 I W Q. W W 1 6 r V CENTRAL FEDERAL SAVINGS STATE OF CALIFORNIA COUNTY OF Fresno INDIVIDUAL ACKNOWLEDGEMEN On June 25, 1984 before me, the undersigned, a Notary Public in and for sa4 County and State, personally appeared Marlene A Frazier personally known to me (or proved to me on the basis of satisfactory evidence) to be.the person whose name is subscribed to this instrument, and acknowledged that she executed the same. Signature Marva McWilliams BA 270 (7/82) Name (Typed or Printed) FOR NOTARY SEAL OR S �.: iVOT -.'RY r- uELIC•CALEfCRNIA' -•' ;° I L'�' °FI1lC! ?„L UFFICE IN "r�^ n n FRLS,d„ n CvUN� 1 �—;� My Cummission Expires Aug. 2, 1985' j i .i IN WITNESS HWEREOF, the parties hereto have executed this domment on the day and year first above written. Notary: Marlene A. Frazee CITY OF SAN LUIS OBISPO a municipal corporation C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Open Space Easement _ dated Juule'19- , 1984, from Felton A Farrani -anrl Marlene A. Frazier to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer of his agent. Date: JU1V 3, 1984 CITY OF SAN LUIS OBISPO END OF DOCUMENT ` Vo1 2611 PACE 402 RESOLUTION NO. 5384 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED (REPAIRED) UNDER THE 1911 ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo as l follows: SECTION 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. SECTION 2. That the hereinafter listed construction (repair) costs shall be paid within thirty -one (31) days after the data hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs (repairs under $1,000) are shown on Exhibit "A ". SECTION 3. That at the request of the property owners whose assess- ments are $1,000 or over and in accordance with Section 12.12.040(C) of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the rate of six (6%) percent per annum on the unpaid balance; said interest to run from the first day of the month following passage of this Resolution to the time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the remain- ing principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for forclosure and sale. Said property owners, addresses and construction costs (repairs $1,000 or over) are shown on Exhibit "B ". R 5384 Resolution No. 5384 (1984 Series) J Page 2 On motion of Councilwoman Dovey seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None . the foregoing Resolution was passed and adopted this 19th day of June , 1984. ATTEST: CITY Approv : 6; t Q Administrative Officer Public Works Director I EXHIBIT "A" Owner Location Amount M.S. and N.A. Muir 1426 Palm $285.00 William G. Davies 1491 Palm 320.40 Marie J. Frossard 1458 -60 Higuera 100.00 l Y Owner i EXHIBIT "B" Location Amount N. G. Lee 1305 -Palm -946 Johnson $2,280.62 ,f RESOLUTION NO. 5383 (1984 Serie3) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT BE,IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby accepts.the bid and authorizes the Mayor to sign a contract on behalf of the City for the following; PROJECT: Laguna Lake Golf Course Irrigation CITY PLAN N0. Modifications G-46 ESTIMATE: $54,390 BUDGET ACCOUNT: (90) 30- 5962 -753 BIDDER: Karleskint -Crum, Inc. BID AMOUNT: $59,600.00 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th..day of June , APPR �, _ n n U.. Q S City Administrati)x� Of icer City At Direct City R 5383 �i���C� ���� , ��� 1rl/ils�� ^ , RESOLUTION NO. 5382 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXTENSION OF AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the California Office of Emergency Services is hereby approved and the Mayor is authorized to execute same. SECTION 2. The City Clerk shall furnish two copies of this resolution and a copy of the executed agreement approved by it to the Fire Chief. On motion of Councilman Settle , seconded by Councilwoman novey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of June 1984. ATTEST: CITT,'CLERK PAMELA OGE.S R 5382 City Administrative OfficerU City Att ey Fire Chief T S T A T E O F C A L I F O R N I A 0FF;IC E OF EMERGENC Y S E R V ICES EXTENSION OF AGREEMENT THIS AGREEMENT, made and entered into this 30th day of _ _May , 19 84 , by and between the State of California, acting by and through its duly appointed, qualified, and acting Director of the Office of Emergency Services_, hereinafter called STATE, and the -- -CITY OF SAN -LUIS OBISPO through its duly appointed,- qualified, and Acting Officers, hereinafter called TRANSFEREE. W I TNESS_E T :• WHEREAS, under Agreement dated August 10 1983 - STATE transferred possession of OES Fire Enaine.No..202 along with certain equipment to TRANSFEREE for a period of _ten months , commencing Auoust 10 1983- and ending June 30. 1984 , for a consideration set forth therein; and WHEREAS, it is the desire of the parties hereto to extend the term of said agreement for an additional two -year period upon the same terms and conditions; NOW, THEREFORE, it is mutually agreed as follows: 1. The paragraph of said agreement relating to term is hereby amended to provide that.the commencement date shall be _July 1 1984 and the expiration date shall be June 30, 1986__ 2. All other terms and conditions of said agreement shall remain unchanged and in full force and effect during the extension period provided for herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date.first hereinabove written: F -129 (3/71) STATE OF CALIFORNIA WILLIAM -M MEDIGOVICH___ -_ - Director, Office of Emergency Services By R. G. Barrows, Chief Fire & Rescue - Division_ -- (Titled- - RESOLUTION NO. 5381 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 915 LOCATED AT 3570 SACRAMENTO DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the public improvements for Tract 915 are hereby accepted for maintenance by the City of San Luis Obispo. SECTION 2. Street tree bond on file shall be maintained in the amount of $13,630.00 for two years in accordance with the subdivision agreement, or until all lots are developed, or until release by the city based on the trees becoming self- sustaining. SECTION 3. The Council hereby authorizes release of any amounts in excess of $18,000.00 in the set aside account, to guarantee the improvements for one year in accordance with the Subdivision agreement. A bond may be substituted for the same amount. On motion of Councilman Settle , seconded by Councilwoman Doves , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of June 1984. ATTEST: CI CLERK PAME VOGES t, R 5381 c � Resolution No. 5381 (1984 Series) Page Two. APPRO City Administrative Officer ,? � Sher /may �biso� r. RESOLUTION NO. 5380 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 744 (VILLA FONTANA) LOCATED AT 2895 SOUTH HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the-public improvements for Tract 744 are hereby accepted for maintenance by the City of San Luis Obispo. SECTION 2. The Subdivision Agreement, Item 4 (Billboard removal) is hereby deleted as a- subdivision condition. SECTION 3. The Council hereby authorizes release of 90% of the Performance Bond to guarantee the improvements for one year in accordance with the Subdivision agreement. On motion--6f... Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of June , 1984. ATTEST: CI CLERK PAMEL ffi V ES R 5380 n, Resolution No. 5380 (1984 Series) Page Tao. APPROVED- au '� � a fsone'wt� ,City Administrative Officer City Atto ey City Engineer �i /� �/ � RESOLUTION NO. 5379 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OPISPO APPROVING THE UPDATED PRIORITY LISTS FOR USER GROUPS OF SINSHEIMER PARK ATHLETIC FACILITIES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby approves the priority lists for use of Athletic. Facilities in Sinsheimer Park, a copy of which is attached hereto, included by reference and marked Exhibit "A ". SECTION 2. A copy of the approved Priority Lists will be forwarded to the San Luis Coastal Unified School District Board of Education for their confirmation. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of June APPROV i Q City 'dministrative Offic City Attor y D'rector Recreation R 5379 ,J EXHIBIT "A" PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School! District Property. PRIORITIES FOR USE OF THE COURTS 1. Tennis lessons — sponsored by the S.L.O. Recreation Department 2. Department tournaments — sponsored or co- sponsored by the SLO Recreation Department 3. Recreational Tennis Play 4. Local School District tournament or league championships 5. Local School District league play 6. others tournaments, special events or special fund - raising activities. CONDITIONS CONCERNING PRIORITIES Priority #1: Department Sponsored Lessons. No more than three (3) courts will be scheduled on any given day or on any given hour of a day. Priority #2: Department Sponsored & Co- sponsored Tournaments. Courts as necessary. Priority #3: 'Recreational Tennis Play. On any given day or at any given hour, other than Department's Tournament days, there shall be a minimum of two (2) courts avail- able for recreational play. Recreational play will comprise the prime use of all courts when not scheduled by the Recreation Department for lessons or tournaments. Priority #4: Local School District Tournament or Championship Matches. Requests for use of Sinsheimer Courts for this priority must be forwarded to Recreation Department for consideration as soon as local team is notified that they will be PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS PAGE 2 -2 -2 -2 apart of such competition. A local school district team must take part in such a tournament or championship in order to qualify for this priority.. Priority #5: Local School District League Play. No more than four (4) courts will be scheduled on any given day or hour for this priority. School schedules must be submitted to the Recreation Department one month prior to first league game. Priority. - #6: 'Other tournaments or events: Requests must be made directly to the Advisory Committee on Joint Recreational Use of School District Property at least 30 days prior said activity. FEES Any priority 4, 5, or 6 activity designed to raise money for any other purpose other than the further development of Sinsheimer Park will pay a use fee of $15.00 per day or 10% percent of the gross receipts (including 20% or all gate revenue) whichever is greater. USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning use of the facility will constitute grounds for banning future use of the facility. User groups will be billed for actual costs incurred to repair damages to facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1985: These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District'Property and submitted to the San Luis Obispo City Council and San Luis Coastal, Unified Board of Education for approval. PRIORITIES FOR USE OF SINSHEIMER PARK SOFTBALL FIELD RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the 'priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE OF THE SOFTBALL FIELD 1. City Recreation Department operations., Including, but not limited to: a. Department sponsored $ co- sponsored league play b. Department scheduled practices C. Department sponsored or co- sponsored tournaments 2. Special.Events and Tournaments. (These events must derive revenue of which a percentage is paid to the city for future development.) 3. Educational (School) Program. Does not include Physical Education classes. Priority use as listed. a. Local intermediate and secondary schools b. California State Polytechnic University c. Cuesta Community College 4. Special Populations 5. Traveling Leagues (Semi =Pro) 6.- Private Agencies. (No priority within this category) a. Y.M.C.A. b. Boy and Girl Scouts c'. Camp Fire 7. Private groups (use fee will be charged) e PRIORITIES FOR USE OF SINSHEIMER PARK SOFTBALL FIELD PAGE 2 -2 -2 -2 FEES Priority 2,3,4,5,6, $ 7 are subject to current field maintenance, lighting, and tournament administration charges. In addition to the above mentioned charges all of these uses are subject to a fee of 10% of the gross (20% of the gross on gate receipts) on all fees collected. (The Parks and Recreation Department can assist you with the specific fees and charges applicable.) USER RESPONSIBILITIES All use shall be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible repair. Disregard for rules concerning use of facility will constitute grounds for banning future use of facility costs incurred to repair damages to facility User groups will be billed for actual ALL fees and charges for use of the facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1985. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. N PRIORITIES FOR USE OF THE SAN LUIS BASEBALL STADIUM LOCATED IN SINSHEIMER PARK RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE: 1. Special Games, Tournaments and Play -offs (priorities as listed): a. Exhibition Games (Highest class ball possible) b. Major special league Tournaments (Babe Ruth, Sr.; Babe Ruth, etc.) c. Minor special league Tournaments (Same as above, but below district levels) d. High School and Community College Tournaments e. C.I.F. Championship Games f. University level Tournaments g. Semi - professional Tournaments or Play -offs h. Recreation Department /School District i. Other 2. TEAM PLAY PRIORITY:. Early Season a. San Luis High School b. Morro Bay High School c. Cal Poly d. Rec. Dept. e. other 3. PRACTICE SESSIONS NOTES - Late Season a. Babe Ruth & Sr. Babe Ruth b. San Luis Blues /& other local semi -pro teams c. Rec. Dept. /School District use d. Other * Practices will be limited to game situation sessions. Workouts should be scheduled at other facilities. * Night "Practice games" will be charged for lights as though they were regular games a `PRIORITIES FOR USE OF THE SAN LUIS BASEBALL STADIUM LOCATED AT SINSHEIMER PARK 3. PRACTICE SESSIONS CONT. NOTES - PAGE 2 -2 -2 -2 * All practices must be cleared through the Park and Recreation Department and scheduled as in regular games. * User organizations will be responsible for field maintenance and /or charged in accordance with fee schedule as in regular games. FEES 20% of the gross revenue on gate receipts (10% of the gross revenue on all other collections, charges, or other fees) or $25 per day whichever is greater, shall be paid to the "Sinsheimer Park Fund" within 30 days of said activity. In addition to the above mentioned fee, maintenance and light expenses must be paid in advance to the Department of Parks and Recreation. Current fees for maintenance $ lights available at the Recreation Department office. USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning use of the facility will constitute grounds for banning future use of the facility. User groups will be billed for actual costs incurred to repair damages to facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1985. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis CoastalUnified Board of Education for approval. PRIORITIES,FOR USE OF MUNICIPAL SWIMMING POOL LOCATED IN SINSHEIMER PARK RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE 1. Public use as scheduled by Recreation Department, including: a. Recreational swimming b. lap swimming 2. Public use as scheduled by Recreation Department, including: a. Instruction (Red Cross series) b. Special'Classes c. other I 3. School use (priority as listed) a. San Luis Obispo intermediate and secondary schools - does not include Physical Education classes b. California Polytechnic State. University c. Cuesta Community College 4. Swimming for Special Populations S. Swim Clubs (Specified hours and with city /club agreements for practice and meet space) 6. Private Agencies (Equal priority - includes, but not limited tor) a. Camp Fire b. Boy Scouts - Girl. Scouts - Explorers c. Y.M.C.A: 7. Private groups and Parties NOTE: Meets or other aquatic special events that may"produce revenue for the city's pool will take preference over practices or non - revenue producing activities. The Park and Recreation Department will determine when scheduling such activities, the best interest of the city. PRIORITIES FOR USE OF MUNICIPAL SWIMMING POOL Page 2 -2 -2 -2 LOCATED IN SINSHEIMER PARK FEES Priorities 3,4,5,6, 8 7 should contact Director of Recreation for current fee structure for use of pool. All pool related fees $ charges will be deposited with the city of San Luis Obispo. USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning use of the facility will constitute grounds for banning future use of the facility. User groups.will be billed for actual costs incurred to repair damages to facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1985. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. 6a-.,l 4VI L L'oC,SA' -/ 611)11icc1 Jc/?aa1 �f- �ecr�fion ���, RESOLUTION NO. 5378 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUSPENDING A CONTRACT FOR LACK OF PROPER PRO- SECUTION-- SIDEWALK RECONSTRUCTION PROJECT - MONTEREY TO HIGUERA STREET, CITY PLAN NO. G-30. WHEREAS ",.Conco Engineering, Inc. has executed a contract with.the City of San Luis Obispo in the amount of $89,839 for storm drainage and sidewalk improvements on Chorro St.; and WHEREAS, Conco Engineering, Inc. has not diligently prosecuted the work; and WHEREAS, On May 24, 1984 staff notified Conco Engineering, Inc. that they were in violation of their contract, giving that firm until May 31, 1984 to resume work; and WHEREAS, as of June 4, 1984 Conco Engineering, Inc. has not resumed work; THEREFORE NOW BE IT RESOLVED: a) The City Council finds that Conco Engineering, Inc. has failed to diligently prosecute this project, b) Conco Engineering, Inc. is hereby notified that it must resume work by 8:00 A.M. Thursday, June 7, 1984, c) If Conco Engineering, Inc. has not resumed work by 8:00 A.M. Thursday, June 7, 1984, Council suspends the contract, d) Staff is directed to hire a contractor to complete the storm drainage portion of the work as soon as possible. Copies of this resolution are to be sent to Conco Engineering, Inc.; its bonding company, United Pacific Insurance Company; the City Finance Director; and the City Engineer. On the motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: R. 5378 Resolution No. 5378 (1984 Series) AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None. ABSENT: None the foregoing Resolution was passed and adopted this 5th. day of June , 1984. ATTEST: CITY C ERK PAMELA VGES APPR City Administrative 0 ficer Public Works Director Sly* �i 'Ali I2 l� i l I:ESOLUTION NO. 5377 (1984 Series) A RESOLUTION OF THE COLrNCIL OF THE CT"ITY OF SAN LUIS O tSPO APPROVING AN AGREE11LENT L'EIWEEN THE CITY AND MADONNA CONSTRUCTION COMPANY FOR LAGUNA LAKE PARK GRAZING LEASE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION L. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Madonna Construction Company, City'Finance Director, and Director of Public Services. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey AYES: Councilmembers Settle, Dovey and Mayor.Billig NOES: None ABSENT: Councilmen Dunin and Griffin the foregoing Resolution was passed and adopted this 5th 7 ATTEST• v CIT C_ LERK PAME VOGES is i� ♦• i� •4 APPROVE y City Ad rat ve Officer City Attorney Finance 7irctor day of June t- Public Works Director r R 5377 1984 L E A S E THIS AGREEMENT, made and executed this 5th day of June 1984, by and between the CITY OF SAN LUIS OBISPO, a Municipal Corporation, herein- after called "City" ind,_____Maddnha Construction Company _ hereinafter called "Lessee." WITNESSETH: The City hereby leases to Lessee and Lessee hereby hires from City the hereinafter de "scribed.real property, on the following terms and conditions: 1. TERM. The lease shall be for a term of five (5) years, from September- 1, 1984, through August 31, 1989. Approximately 153.3 acres will be available. 2. RENT. The rental shall be NO. AND 25/100 DOLLARS ($2.25) per acre per month, payable in advance the first of each month, commencing September 1,, 1984, on which date the last month's rent shall also be due and payable-in advance. City shall be entitled, from time - -to -time, to withdraw all or any part Of the acreage leased on a prorata basis by giving ninety (90) days notice to Lessee of its intention so to do. 3. USE. The hereinafter described real property shall be used by Lessee solely for grazing purposes-, except that no sheep or rams shall be pastured on the premises. Calf bulls and a limited number of bulls will be permitted as determined by the city. 4. •PUBLIC ACCESS. Lessee agrees that the public shall at all times have the right to enter upon the real property described herein. City shall have no responsibility to prevent members of the public from damaging Lessee's property, including fences repaired and maintained in accordance with paragraph 7 of this agreement. 5.. DESCRIPTION OF PROPERTY._ The real property which is the subject of this lease is described on that certain map entitled. "Laguna Grazing Lease," with a scale of one inch = 197.94 feet, showing that the concerned property contains approximately 153.3 acres: A copy of said Map is on file in the Office of the City Clerk And another copy is appended. hereto as Exhibit "A" and by such reference incorporated herein and made a part hereof as fully as if set forth below. 6. NON - LIABILITY OF CITY. Lessee hereby waives all claims against City for damages to either persons or property, including injury to animals, Lessee, his agents, or third persons in or about said premises, from any cause arising at any time, and Lessee further agrees to indemnify and hold City harmless from any damages.. or injuries to any person or property arising. from the use of the. premises by Lessee. 7. FENCES. Lessee agrees to repair and maintain in good condition existing fences along the full exterior boundary of said parcel. Lessee further agrees to furnish the City with three (3) keys for each lock, for use by the City Police Department,. Fire Department and Public Works Department., to provide access to the property through a locked twelve (12) foot wide gate. Lessee further agrees-to post the property at intervals approved by the Public Works Department with signs captioned "Animal"; Grazing - Enter at Own Risk." Lessee shall,bear.all expense of maintaining fencing in good condition to the satisfaction,of the Director of Public Works. - 3 - OTHER FENCES. In the event Lessee desires to erect additional fences, then upon the approval of the Public. Works Department., Lessee, at Lessee's sole expense, may install such approved additional fences and, upon termination of this lease, Lessee agrees to remove such fences if the City, at its option, requests Lessee to so remove. 8. ASSIGNMENT OR SUBLETTING. Lessee agrees that this lease will not be assigned nor the property subleased without the prior written approval of the City Council. the-City Council may attach such conditions to any such approval as it deems appropriate under the circumstances. 9. WEED ABATEMENT CONTROL. Lessee is aware that one.of the considerations of City in leasing said property, is to control growth of vegetation on the property, thereby reducing fire hazard,. and Lessee agrees to use good grazing practices and to move his animals to designated portions of the premises if requested to do so by the CiEy. Lessee further agrees to eradicate and control weeds on the land, especially spiny clot burr, thistles, hemlock or other type of plant that extends above the normal growth of the pasture land. In the event Lessee fails to eradicate said weeds, then upon ten (10) days written notice by the Director of Public Works, City may eradicate or remove the weeds by contract or with.City forces, and Lessee shall "pay all costs thereof within ten (10) days after receiving notice of such cost from the City. 10. GRAZING CONTROL. In order to prevent overgrazing, the City may from time -to -time impose a limit upon the number of animals which may be upon the premises and Lessee agrees to abide by said limitation. In order to minimize.erosion, a - 4 minimum of 1,000 pounds of dry matter per acre shall remain at the start of the rainy season (November 1). 11. IRRIGATION. Lessee shall not use water from Laguna Lake to irrigate any portion of the leased premises without the prior written approval of the City Council. IN WITNESS WHEREOF, the parties hereto have executed this lease, in duplicate, on the date first above written. LESSEE: MADONNA CONSTRUCTION COMPANY Ay 7- - CITY OF SAN LUIS OBISPO APPR ,, n City Administrative Offi-er ::rte >I.,�^�; a ,,:- -• �' i••� •S _ • .. i• . F. N�� .ir1gi' ^. •.J I {, ': � q t "..��: •:'•* �.ij7r' t I 7 • -' `�: ,\1`iji+Kl.�. { �S .: '' :. .. ray +• ' •.• .�rj�iia.k'.�•w�a.......... ..... cx At Ir 1 ti ;• t:': ,Ili ,� s. -r.; _ _ � _'. � i . y , f. Q. F. RESOLUTION NO. 5376 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING MAXIMUM PARK IN -LIEU FEES PURSUANT TO THE SUBDIVISION REGULATIONS WHEREAS, California Government Code Section 66477 authorizes the city to by ordinance require dedication of land, the payment of fees in -lieu thereof, or a combination of both, for park and recreational purposes as a condition of approval for a final tract or parcel map; and WHEREAS, the city has adopted such requirements in its Subdivision Regulations (Municipal Code Sections 16.40.060 through 16.40.100), which allow the council, by resolution, to establish criteria for determining and procedures for collecting fees, including a maximum fee per dwelling; and WHEREAS, the council hereby determines that the methods for determining park in -lieu fees provided in the Subdivision Regulations and current land values result in some cases in excessive and inequitable fees. NOW, THEREFORE, BE IT RESOLVED by the council of the City of San Luis Obispo as follows: 1. For any subdivision in which the size (bedroom count) of the dwellings is established at the time of tentative map approval, in -lieu fees shall not exceed: a. $667.00 for each studio dwelling, as defined in the Zoning Regulations; b. $880.00 for each one - bedroom dwelling; C. $1,333.00 for each two - bedroom dwelling; d. $2,000.00 for each three - bedroom dwelling; e. $2,666.00 for each dwelling with four or more bedrooms. R 5376 2. For any subdivision in which the size (bedroom count) of dwellings is not established at the time of tentative map approval, in -lieu fees shall not exceed: a. In the VOS and R -1 zones, $2,000.00 per dwelling, considering the maximum number of dwellings which could be built under applicable zoning in the subdivided area. b. In all zones other than VOS and R -1, $1,333.00 per dwelling, considering the maximum number of dwellings which could be built under applicable zoning within the subdivided area. 3. Where a subdivision is to accommodate group housing (residential facilities other than dwelling units), the maximum fee shall not exceed $667.00 per person expected to reside. 4. In any subdivision, the determination of land to be dedicated or fees to be paid shall exclude the population expected to reside in dwellings or group housing which existed prior to approval of the tentative map. On motion of Councilwoman Dovey . seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None The foregoing resolution was passed and adopted this 5th of June 1984. IL i Approved: City Administrative Of icer City Att ney Community Development Director J �pSS Yl-e-` 01776 o iqQ eer l RESOLUTION NO.5375 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO FOR STREAMBEn CLEARING PROGRAM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached heeto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the County of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this Resolution and a copy of the executed agreement approved by it to: Public Works Director, Transportation Manager, Finance Director, and County of San Luis Obispo. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of June , 1984 « a�• .. i� ,rte * * * * * * * * ** R.:5375 Resolution No. 5375 (1984 Series) • • c 61 IN -MlY Administrate a off cer ZL City Att ney Finance �f f • 'SlIffar . - ���u ,f'���� �� . �� _ .. �.; i AGREEMENT BETWEEN SAN. LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING PROGRAM WITHIN CITY LIMITS This Agreement entered into the 5th day of June , 19849 between the San Luis Obispo County Flood Control and- Water Conservation District, Zone 9 (hereinafter referred to as "Zone 9 ") and the City of San Luis Obispo (hereinafter referred to as "City "); W I T N E S S E T H WHEREAS, Zone 9 since its inception, has had a streambed clearing program which encompasses the mainstreams of the San Luis Obispo Creek system; and WHEREAS, certain reaches of these streams lie within the City of San Luis Obispo; and WHEREAS, the.City has also had a streambed clearance program; and WHEREAS, the program within the City of San Luis Obispo should be more economically performed if one agency accomplished the streambed clearance program; and WHEREAS, such a cooperative program was successfully carried out in fiscal year 1983 -84; and WHEREAS, Zone 9 work has been accomplished with the cooperation of personnel from the California Conservation Corps; and WHEREAS, a continuation of the cooperative program between Zone 9 and the City could still involve the assistance of the California Conservation Corps; and WHEREAS, it is in the public interest that Zone 9 and the City understand and agree to the services to be performed by each with respect to the streambed clearing program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth Zone 9 and City mutually conversant and agree as follows: 1. Zone 9 and City will accomplish streambed clearing within the San Luis Obispo Creek watershed with the City taking care of the entire program within the City limits and Zone 9 taking care of the balance of the program in the unincorporated portion of the zone. 2. The City shall be provided 89% of the funds budgeted in Zone 9 in the 1984 -85 fiscal year for the streambed clearance program, (the preliminary budget request is for an appropriation of $45,500). 3. Zone 9 will reimburse the City upon receipt of evidence of work performed on the basis of monthly statements submitted for payment. 4. The work shall be done in accordance with the following provisions of the 1979 Memorandum of Understanding: Work performed under this agreement will be conducted within the following streams: a. San Luis Obispo Creek b. Lower watershed of Laguna Lake, including Prefumo Creek but not Sycamore Creek C. Old Garden Creek to Foothill Boulevard d. Stenner Creek e. Brizziolari Creek 2 Local drainage facilities such as subdivision drains, curbs, gutters and streets and minor drainage ways not listed above would be the responsibility of the jurisdiction within which boundaries the facility lies, or the responsibility of the private property owner if the facility is not publicly owned. The streambed maintenance work is envisioned to generally involve removal of debris which adversely affects the capacity of the waterways or which might create a greater expense for its removal at a different location if moved by flood flows at a later date. It would also involve some streambed vegetation maintenance to maintain streambed capacity. It would not include streambed maintenance to the origin of each stream but primarily include the lower reaches of each stream system. It would not include abatement of flood hazards under the City's abatement ordinances. It is also understood that all streambed maintenance work will be performed under permit from the State. Fish & Game. 5. The streambed clearing program is a flood control program and funds may be used for only that purpose. 6. Consistent with previous practices, there shall be an annual reconnaissance survey made of needed works and such shall be done reasonably before the rainy season in order that the needed streambed clearing program can be carried out prior- to the rainy season with follow -up work done during the rainy season as appropriate. 7. For control of vegetation, principally willows, the streambed clearing program may be accomplished with the use of State Fish & Game approved herbicides.. In this regard, Zone 9's spray equipment will be made available to City forces and. Zone 9 herbicides will be made available to City forces if City so desires and the costs thereof are to be included in the City's share of the work. 3 U f 8. Within the City of San Luis Obispo, City shall be responsible for all landowner permission, if required, to accomplish the streambed clearing program. 9. The City shall act as the lead agency in complying with the California Environmental Quality Act for work done within the City limits. 10. Zone 9 will assist City in obtaining California Conservation Corps' cooperation on work within the City limits and will be responsible for arrangements with the California Conservation Corps for work outside of the City limits but within the Zone 9 boundaries. 11. Should the streambed clearing program within the City involve abatements, such shall be performed in accordance with due process of law under the City's abatement ordinances and shall be the sole responsibility of City. 12. Term. This agreement will commence on July 1, 1984 and terminate on June 30, 1985. 13. Indemnification and Sole Conduct. Each party hereto shall defend, indemnify and save harmless the other party and other party's officers, agents and employees from and against all claims, demands, liability cost, expense, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents or employees or independent contractors solely responsible to such party in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act. 4 14. Indemnification for joint conduct between Zone 9 and the City. The City shall defend, indemnify and save harmless County, and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action including but not limited to inverse condemnation and judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and their officers, agents, employees or independent contractors directly responsible to them in performing or .attempting to perform pursuant to the provisions of this agreement including both acts and omissions and to act provided however that. County shall be solely responsible for the amount of judgment rendered solely against the Zone 9 or one of its agents or employees if such judgment is specifically rendered in court finding. of responsibility by Zone 9 or one of its agents or employees for an act of negligence and City shall not be required to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible for any judgment rendered solely against it or its agents or employees which is based upon acts or omission by it or one of its agents or employees. 15. Zone 9 agrees to cooperate with City in the defense of any such claims or litigations. 5 IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year first hereinabove set forth. SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, Zone 9 By Chairman o he B -td of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel M /nt 4098x 0007x Gi RESOLUTION NO. 5374 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE HUMAN RELATIONS COMMISSION BY -LAWS. BE IT RESOLVED by the Council.of.the City of San Luis Obispo as follows: SECTION 1. That certain Exhibit "A" entitled "HUMAN RELATIONS COMMISSION BY LAWS'.', attached hereto and incorporated herein by this reference is approved and adopted. On a motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None f the foregoing Resolution was passed and adopted this 5thday of June , 1984. ATTEST-: JA aw t tzs City' Clerk Pam Vog APPROVED: Cily A 0 strbtiwe Officer R 5374 ARTICLE 1. PURPOSE BY -LAWS -J EXHIBIT "A" HUMAN RELATIONS COMMISSION CITY OF SAN LUIS OBISPO It is the purpose of the Human Relations Commission to advise the Council in its actions to create an environment within the city in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, national origin, age, physical, mental or economic status. The Human Relations Commission shall make recommendations to the City Council or the City Administrative Officer on how these social concerns and human needs can best be addressed. ARTICLE 2. TERMS OF OFFICE Commissioners shall be appointed by the City Council for terms of two (2) years, commencing immediately upon appointment, and six (6) commissioners shall be ap- pointed each year. Commissioners shall serve at the pleasure of the City Council. Any Commissioner may be reappointed, provided that no appointee shall serve more than four (4) consecutive terms (8 years). ARTICLE 3. MEETINGS A. The Commission shall hold a. regular meeting each month and not less than ten (10) times a year. B. The Commission meetings shall be .6pen .to .the .public and. shall be �held•.at:;City Halil at.specified. times as required by CaI4)forn.i,a law. C. A quorum shall consist of a majority of the Commissioners currently serving. D. All actions of the Commission shall be decided by a majority vote or consensus and shall be directed through the Commission Chair. E. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. F. The Chairperson or any three members of the Commission may call a special meeting providing a week's prior notice is given in writing to each member. G. All Commission meetings shall be conducted according to Robert's Rules of Order, Newly Revised. H. All members present must vote, except when abstaining due to a declared conflict of interest. I. Any member with a declared conflict of interest shall not vote on or participate in any discussion of an item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCOMMITTEES Subcommittees shall be appointed, as.needed, by the Chairperson. Study committees may include non- commission members who shall have no voting power. -i� r- - ARTICLE 5. OFFICERS A. The officers shall be a Chairperson and a Vice - Chairperson who shall be elected at the first Commission meeting in April for one -year terms. B. The Chairperson shall preside over meetings of the Commission, prepare all meeting agendas and perform such duties as directed by the Commission. C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. AMENDMENTS By -law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the commission, provided that such amend- ments shall have been discussed by the Commission on the agenda of at least two meet- ings prior to the vote. The members shall receive the proposed amendments at least ten (10) days prior to the first reading. � /r� /� � r � l '�i ,� � ` � •' ;���w� -rte, �. �'� -u-�J 7 RESOLUTION NO. 5373 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING POLICY ON USE OF THE CITY HALL COUNCIL CHAMBERS AND RESCINDING RESOLUTION NO. 941 (1962 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Administrative Officer, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and that all requests for reservation be cleared through the administrative office. SECTION 2. That when a question arises regarding permission for any group to use the facility, the City Administrative Officer shall have authority to make the final decision. SECTION 3. That the following rules are established as a guide: A. Use of the Council Chamber by City commissims; committees, and other advisory bodies shall take precedence over any other groups or agencies. B. Favorable consideration shall be given to other governmental agencies and non - profit groups. C. No admission shall be charged. D. Regularly - scheduled meetings by other agencies and groups shall be discouraged. SECTION 4. This Resolution rescinds Resolution No. 941 (1962 Series). On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None R 5373 Resolution No. 5373 :984 Series) Page 2 the foregoing Resolution was passed and adopted this 5th day of June 1984. ATTEST: a CITY CLERK PAMELA IOGES Approved: LO A nistrati Off'cer � . 1 ., RESOLUTION NO. 5372 (1984 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A POLICY REGARDING CITY VEHICLE IDENTIFICATION AND RESCT_NDING- RESOLUTION 3422 (1977 (SERIES) WHEREAS, the Council of the City of San Luis Obispo desires that city vehicles be identified in a distinctive and attractive manner in keeping with the character of the community. NOW, THEREFORE, BE IT RESOLVED that the following policy shall be adopted in marking and identifying new city vehicles: SECTION 1. All new vehicles shall be white. Heavy equipment such as road graders, street sweepers, tractors, fire engines, or other equipment may be Omaha Orange where the department head determines that such color will improve work safety or ease of maintenance. SECTION 2. All new vehicles shall receive the city emblem seal, depicting the city logo on each front door intercepting a reflective strip running from the front fender to the rear fender or to the rear of truck cabs, depending upon vehicle design. Certain investigative vehicles may be exempted by the police chief or fire chief when in his /her opinion the city's best interests would not be served by use of a seal. SECTION 3. All new or existing unmarked administrative vehicles shall receive one inch (1") blue reflective striping and a small city emblem R 5372 Resolution No. 5372 (1984 Series) Page 2 SECTION 4. All other new vehicles shall receive four inch (4 ") reflective striping in accordance with the following color code: a. Police - blue b. Fire - red C. Public Works - orange d. Parks & Recreation - green e. Community Development - yellow. SECTION 5. All vehicles shall receive an identification number and a designation of department to be placed along the stripe near the rear of the vehicle. SECTION 6. If special circumstances arise, the City Administrative Officer may waive or amend any of the items addressed in the preceding sections. SECTION 7. This resolution rescinds:Resolution No. 3422 (1-977 Series). a-= c- N- 0. motion of Councilman Settle , seconded by Councilman Griffin, and on the following roll call vote: _ AYES:. Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None Resolution No. 5372 (1984 Series) Page 3 I the foregoing Resolution was passed and adopted this 5th day of June 1984. Attest: II, City Clerk Pamela V es �s tin, City Administrative Officer City At orney Director of Public Works �o�� -ems �1��� 7ie� RESOLUTION NO. 5371 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING ADMINISTRATIVE POLICY NO. 2 CLARIFYING THE POWERS, DUTIES AND RESPONSIBILITIES OF THE CITY ADMINISTRATIVE OFFICER AND RESCINDING RESOLUTION NO. 2877 (1975 SERIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves and adopts Administrative Policy No. 2, entitled "Powers, Duties and Responsibilities of the City Administrative Officer," a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein. A copy of said Administrative Policy No. 2 shall be maintained on file in the Office of the City Clerk and shall be available to the public during reasonable business hours. SECTION 2. This resolution rescinds Resolution No. 2877 (1975 Series). On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of June , 1984. ATTEST: t4l"sr CITY CLERK PAMELA CGES R 5371 Resolution No. 5371 34 Series) Page 2�' APPROVED: City Administrativ Off er EXHIBIT 'W' ADMINISTRATIVE POLICY NO. 2 POWERS, DUTIES, AND RESPONSIBILITIES OF THE CITY ADMINISTRATIVE OFFICER The purpose of this policy is to clarify the City Charter requirements which spell out the powers and duties of the City Administrative Officer. Effective performance as the City Administrative Officer of San Luis Obispo involves: 1. A sense of commitment to the job, the goals and the programs of the City Council. 2. Attention to the broad picture and the overall results toward which the organization is striving. 3. Personal self- assurance. 4. Faith in the people in the organization and a willingness to let them excell. 5. Attention to resources, including people, money and opportunities. 6. Awareness of important relationships and institutions outside the organization. The City Council formally evaluates the City Administrative Officer two times a year. These criteria are utilized as a basis for the evaluation. F1 Recording Requested by )k'- , CITY OF SAN LUIS OBISPO When Recorded, Please Return To: - City- Clerk.'s- -Office - -- —. -- -_ —_ — City of San Luis Obispo P.O. Box 321 S L ' Obi CA 93406 OFFICIAL RECORDS SAN LUIS OB!S^rO 00., CAL, an uis spo, JUN 1 51984 FRANCIS M. COONEY RESOLUTION N0. 5370 (1984 Series) TIME County CIe k 0 PM f 2 A RESOLUTION AUTHORIZING THE MAYOR AND VICE -MAYOR TO ACCEPT AND CONSENT TO RECORDATION OF DEEDS OR GRANTS TO THE CITY OF SAN LUIS OBISPO AND RESCINDING RESOLUTION 549 (1959 SERIES) WHEREAS, Section 27281 of the Government Code of California permits the City Council, by general resolution, to authorize officers or agents to accept and consent to the recordation of deeds or grants conveying any interest in or easement upon real property to the City of San Luis Obispo for public purposes, by such officers or agents executing the certificates as provided therein, which certificate shall be attached to or printed on the deed or grant; and WHEREAS, it appears desirable to authorize the Mayor and Vice -Mayor as such officers and agents to accept and consent to such recording. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, State of California: 1. That both the Mayor and Vice -Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recordation of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 2. That the City Clerk of the City of San Luis Obispo is hereby directed to record this resolution. 3. That this resolution rescinds Resolution No. 549 (195 9 Series) . On motion, of. Councilman,. Settle seconded by Councilman Griffin and on the following roll call vote: VO! R 5370 t7 TT Resolution No. 5370.1984 Series) Page 2 AYES:. Councilmembers Settle-; Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None. The foregoing Resolution was passed and adopted this 5th day of June , 1984. ;ATT'IDS.T z. •�0[��.f8.�±,-�;[�"• RK'PAMELA GES 1O A ..:::� �, •.. Appr ed: Ci y Administrative Offi er City At T- ney END OF DOCUMENT W-40 -1 PA `879 CV GOVERNMENT COOF i in those counties why the r�- corder Lhods, fewer columnar headings may be the location of eacb_document in the :es shall be so arranged; as nearly 35 equally apportioned: The alphabetical ice. aSt? nore of the indices enm-6irated in this other and the volume distinctly nn ;irked sided that nothing in this section shall to volume as enumerated is sutxlivision several indices shalYr6e arranRtd in p 75, § L) iendment. Amended`Iho.OUrd aph by ble, in the altemii 'PP � healTvc. f0 wht. I hl. and word "two' following 'columnar hca.lings d in the-. , .e;.. .n: 260, §§ 2 to 6 t.5a trice executed by sheriff; trust invest- I. or constable the'itame of the sheriff, in shall both.b4in§eeted in the index. trator, or trustee ia:a;perty, the name of rstator, or intestatq, or party for whom need not index theaame of the trustee A trustee's deed*01upon exercise of er the names of the orginsl trustor and :: s -•r I inserted the re taehtt2i'io''nmrstut or Lnn- : t, ;RECORDED rr leasehold interest ents. on claimed for oasts of abatement of voluntary lien on real property: notice. in ownership statement r possession of real property may be whch effectuates a chance in ownershi as provided for id`Seetion 480 of the ownership statement: the recorder shall pv thereoY to the eoonty assessor alone rho ua, e>jue It d Taxation Code. The t and available to ppbhe insarc'"ton and hanger or additions by amendment GOVERNMENT CODE § 27281 shall at all times remain confidential extent as Provided in Section 408 of the Revenue and Taxation (Amended by Stats.1979, c. 242, p. 505, § 1, urgency, eff. July 10, 1979.) 1979 Amendment. Added subd. (b). Operative effect of 1979 amendment, see note under Rev. & T.C. § 50. Law Review Commentaries Kickbacks, spocalization.,price fixing, and efficiency in residential real estate transactions. Bruce M. Owen (f977) 29 Stan.LR. 931. Notes of Decision Leases 55 I. In general So long as the recording of particular documents would not be in violation of Pertinent state taws, a county board of supervisors of a general law county has the Power to provide by ordinance for the recording of such documents pursuant to the procedures specified by state law, in addition to those documents which state law authorizes to be recorded. 63 OpsAtty.Crm 905, 12- 23-80. 55. fxases Lease or assignment of lease may be recorded as instrument affecting title to or possession of real proper. ty. Parker v. Superior Court, Riverside County (1970) 88 Cal.Rptr. 352x9 C.A.3d 397, 67 A.LR3d 743. 6. Notice An instrument which is recorded but which is not authorized to be recorded and given constructive notice effect by statute does not impart constructive notice to subsequent purchasers of realty. Brown v. Johnson (1979) 159 Cnt.Rptr..675, 98 CA3d 844. Recordation of real property conveyances gives coo- structive notice to subsequent purchasers and is the equivalent of actual notice. City of Anaheim v. Metro Polimn Water Dist. of Southern California (1978) 147 Cal.Rptr. 336, 82 CA-3d 763. A purchaser or encumbrancer in,good faith for value and without actual or constructive notice is entitled to protection against undisclosed liens and equities existing against unrecorded insurunert s. Caito v. United Calitor. nia Bank (1978) 144 CaLRptr. 751, $76 P.2d 466, 20 C.3d 694. § 27281. Deeds for public purposes; certificate or resolution of acceptance; forth of certificate Deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its certificate or resolution of acceptance attached to or printed on the deed or grant If a certificate of acceptance is used, it shall be in substantially the following form: This is to certify that the interest in real property conveyed by the deed or grant dated from to a political corporation and/or - governmental agency is hereby accepted by order of the (legislative body) on (or by the undersigned officer or agent. (date) on behalf of the (legislative body) Pursuant to authority conferred by resolution of the (legislative body) adopted on _— ) and the grantee consents to (date) recordation thereof by its duly authorized officer. Dated By A political corporation or governmental agency, by a general resolution, may authorize one or more officers or agents to accept and consent to such deeds or grants. (Amended by Stats.1979, a 373, p. 1314, § 148; Stats.1983, a 149, p. —, § 1.) Asterisks • • • indicate deletions by amendment 5 6370 RESOLUTION NO. 5369 (1984 Series). A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING ADMINISTRATIVE POLICY FOR RELATIONSHIPS AND CONDUCT BETWEEN THE COUNCIL MEMBERS AND STAFF AND RESCINDING RESOLUTION NO. 2876 (1975 SERIES) BE IT RESpLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves and adopts Administrative Policy entitled "Relationships and Conduct Between Council Members and Staff," a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein. A copy of said Administrative Policy shall be main- tained on file in the Office of the City Clerk and shall be available to the public during reasonable business hours. Copies shall also be given to all Department Heads who shall be responsible for informing their staff of the contents of said policy. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of June , 1 QAL _ * is is R 5369 Resolution No. 5369 (1984 Series) Page 2 APPROVED: P—aal— q Administrative Office J EXHIBIT "A" ADMINISTRATIVE POLICY RELATIONSHIP AND CONDUCT BETWEEN COUNCIL MEMBERS AND STAFF With the intent of the Council to: * Maintain control and direction of the City by the Council as a whole. * Insure Council members free access to and flow of any information relative to the running of the City and to insure that such infor- mation is communicated by staff in full and with candor to those requesting it. * Avoid intrusion by individual Council members into those areas which should be the responsibility of staff and to prohibit inter- vention by individual Council members in staff decision - making, the making of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the City Council as a whole. * Protect staff from undue influence and pressure from individual Council members, and to allow staff to execute priorities given by management and the Council as whole without fear of reprisal. A policy guiding the conduct between Council members and staff in their contacts with'each other is hereby- ;stated:- COUNCIL AND COUNCIL MEMBERS The full City Council retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, work loads and schedules, departmental priorities, and the conduct of City business. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, work loads, and schedules, and departmental priorities without the prior knowledge and approval of the Council as a whole. If a Council member wishes to influence the actions, decisions, recommendations, work loads, work schedules, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy. Individual Council members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff and shall receive the full cooperation and candor of staff in being provided with any requested information. Page 1 of 2 STAFF The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council and in keeping the Council informed. Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Administrative Officer, who may inform the Council as a whole of such attempts. Staff shall be obligated to provide any individual Council members with any information that member requests, including but not limited to, statistical information, information serving as a basis for certain actions by staff or their department, any justifications for staff recommendations, etc. Staff shall communicate fully and with candor any information to the member requesting it. If staff is unable to provide requested information by reason of information deficiency or a major interruption in departmental work schedules, work loads, and priorities, that staff member shall inform the individual Council member requesting the information and the City Administrative Officer in writing why the information is not or cannot be made available and what steps should be taken to acquire and provide that information. The City Administrative Officer shall then exhaust all means that are in his judgment feasible to provide the Council member with the information he requests. If the information still cannot be provided, the City Administrative Officer shall place an item on the Council agenda for Council direction as to their desire and directed methods of correcting the information deficiency. If staff feels that such information would be of interest to the other Council members, he shall see that appropriate distribution is made. Page 2 of 2 �� . �,ri�� `" "1 f RESOLUTION NO. 5368 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION NO: 5078.AND'ADOPTING REVISED POLICY GUIDELINES'FOR THE AUTHORIZATION, ACCOUNTING AND REIMBURSEMENT OF EXPENSES ASSOCIATED WITH OFFICIAL CITY TRAVEL AND BUSINESS WHEREAS, the City. of San Luis'Obispo reimburses its elected officials and employees for travel and business expenses incurred by them in the course of their official duties; and WHEREAS; the City adopted a policy regarding reimbursement for official travel, more specifically known as "Travel Guidelines of the City of San Luis Obispo ", effective April 5, 1983; and WHEREAS, the City desires to update.the guidelines to reflect current conditions and ;improve current procedures; NOW THEREFORE, BE IT RESOLVED that Resolution 5078 is hereby rescinded; the revised Travel Guidelines of the City of San Luis Obispo dated May 15, 1984; are hereby adopted to provide policy direction and procedures to all departments for the authorization, accounting and reimbursement of travel and business expenses; and "reimbursement for travel expenses shall be paid, specifically, as follows: A. Per diem for meals and.miscellane uo s expenses - $28.00. 1. $4.00 breakfast 2. $7.00 lunch . 3. $12.00 dinner 4. $5.00 miscellaneous expenses B. Alternative per diem for meals Alternative per diem for meals and miscellaneous expenses - $44.00 (to. be authorized by the City Administrative Officer when, in his discretion, such rates are required to reimburse reasonable travel costs incurred for official business). 1. $6.00 breakfast R 911AR 2. $9.00 lunch 3. $16.00 dinner 4. $13.00 miscellaneous expenses C. Use of personal _iutomobile. The,City shall reimburse an employee or elected official for use of his /her private automobile for purposes of official travel at the rate of 23C per mile. The use of a "private automobile for official travel shall be approved by the appropriate Department Head. No reimbursement shall be paid for the use of a private automobile which is not authorized. b. Lodging. The City shall reimburse employees and .elected officials for the cost of any - lodging which is required of .said official or employee in the course of their official duties. Such reimbursement shall-be. sufficient to pay the actual cost of a single room plus any applicable taxes. E,. Participation of Spouse. When the elected official or employee is attending a conference where said official's or employee's spouse is expected to attend, the City Administrative Officer may authorize funds sufficient to cover the cost of a double room. All other expenses related to the participation of an off- icial's or employee's spouse shall be paid-by the official or employee. The City shall pay the full cost of a.double room for both elected officials and employees attending the annual League of California Cities Conference. When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel Counties Division of the League, the meal expense.will be paid by the City with the authorization of the City Administrative Officer. F. Credit Cards. The Finance. Department shall be directed to maintain petroleum company credit cards for the purpose of procuring gasoline to be used for official city business. -2- 'On motion of Councilman Settle seconded by Councilman Griffin and on the following roll tall vote: *Ayts; qouncilmembers Settle, Griffin, Dovey, bunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was' passed and adopted this 5th day of June, 1984. APPROVED: City AK:rvrsjtrativ Officer Citv Attktiidv r -3- GUIDELINES FOR TRAVELING ON OFFICIAL CITY BUSINESS INTRODUCTION This booklet sets rules and procedures for official, out -of -town, city travel. Every city official and employee who travels on city business, or who supervises others who do, is responsible for knowing and following these guidelines. The booklet is divided into six parts: 1. Planning an official trip. 2. Travel authorizations and requests for money in advance. 3. Making the trip. 4. Non- Travel Expenses 5. Accounting for expenses. 6. City Council Resolution pertaining to travel reimbursement. The key document in the administrative process is the Travel Expense Report. It is used as a travel authorization form, a request for money or payment in advance, and a report of actual expenses. Detailed instruction's for completion of the report, and an illustrated example, are also included in this booklet. The basic standard does not require the cheapest possible accommodations or means of transportation, nor does it mean the traveler can only eat the cheapest fast -food meals. A bus or a train may be less expensive than a plane, but the added time a traveler spends away from work can make these slower means of transportation 1 more expensive to the city overall. Regarding meals, the per diem allowances provide enough money to eat in moderately priced restaurants. In all areas, not just economy, the city traveler is responsible for exercising good judgment in requesting, arranging and making a trip. It should be thoroughly planned, well in advance. Personal business should not be mixed with official business if it will cost the city anything in dollars or lost time, or if it will harm the city's interests in any way. PART 1. PLANNING AW OFFICIAL TRIP How will-you travel? When you plan how you will travel, consider all aspects of the cost to the city (e.g., daily expenses, overtime, lost work time) , as well as actual transportation costs. Common carrier is preferred. You should use an intercity bus, train or airplane unless there is a valid reason for using another class. If you will be driving, you should use a city vehicle if one is available, and you will be issued a city credit card to purchase gasoline. If a city vehicle is not available, or there is another reason why you should drive your personal car, you may do so with the prior written approval of your Department Head. (see 'Travel Authorization' below). You will be reimbursed at the rate specified in the current Council resolution regarding travel reimbursement. 2 Intercity mileage will be verified using charts located in the Administration Office. If you rent a car, and the rental is justified, you will be reimbursed when you return. To drive a privately owned vehicle on city business you must: - Have a valid California driver's license - Have automobile liability insurance coverage of, at least, $50,000 per person; $150,000 per accident; $25,000 property damage. - Realize that any damage to the car, needed service, or repair occurring on the trip will be your responsibility, with no reimbursement from the city. For traveling around, once you get to your destination, feel free to use public transit facilities, such as buses, streetcars and subways. You will be reimbursed for these expenses. You will be reimbursed for taxis only when public transit, common carrier, city car or airport limousines are not available. Taxis will only be reimbursed to a maximum of $20.00 per ride, including tip. When will you go? By what route? Your trip should be scheduled so that you leave at the latest reasonable hour and arrive at your destination on time. You should also return promptly when your business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses. Travel should be via the most direct, and usually traveled, routes. Other routes may be authorized when official business 3 requires their use. If you take an indirect route, make a stopover without authorization, or stop along the way for personal reasons, you will not be reimbursed for related expenses. Where will you stay The accommodations you use should be economical, but practical. This means every effort should be made to stay in an economical hotel, however that is not always practical, and the city will pay for a more expensive room when necessary. For example, it is desirable to stay in the hotel where a conference is being held, but that hotel may be isolated, or morb expensive than others in the. area. In this case the city would pay the additional expense. But, basically, the city will not pay for an expensive hotel if a reasonable, more economical, alternative exists. If you have a question about the use of a particular hotel, obtain the concurrence or direction from your Department Head before making a reservation. Usually, the city will pay the cost of a single room (including taxes) for as many nights as necessary. With prior written approval for the participation of your spouse (see 'Travel Authorization' below) the city will pay for a double room. Should you make advance reservations? Whenever possible, you should make reservations in advance. They are often required for large conferences. If a credit card number is needed to hold a reservation, you can use the city credit 4 card number, but no payments or purchases can be made with the card. Be sure to cancel any reservations you will not use. If the city is charged for an unused reservation, you will pay that charge. PART 2. TRAVEL AUTHORIZATIONS AND REQUESTS FOR MONEY IN ADVANCE The City Administrative Officer has the authority to approve all travel. In most case's, however, department heads will approve travel plans for members of their departments and themselves. Only the C.A.O. may approve reimbursement for the participation of spouses in official travel. ` The 'Travel Authorization' section of the Travel Expense Report, should be completed before you travel. If you need cash in advance or a direct payment (see below) the 'Request for Cash Advance /Direct Payment' section should also be completed. The completed report (all copies) should be submitted to your Department Head as far in advance as possible. The second and third pages will be returned; you will need them to complete the 'Expense Report' section when you return and account for all expenses. The 'Travel Authorization' section will be the standard form used for all official trips. . Officials who approve trips are responsible for determining that the cost is reasonable and justified by the trip's purpose. They should be certain that: 1. The purpose cannot be accomplished using mail or the telephone. 5 / 1 2. The minimum number of people needed are going. 3. The itinerary ensures effective accomplishment of the purpose at the lowest reasonable cost. 4. The traveler understands and follows these guidelines. 5. There is enough money in the appropriate travel budget to cover the costs. Requests for money in advance The city will pay all legitimate expenses of your trip. That includes transportation, lodging, registration fees for conferences, and a "per diem" allowance for meals and other miscellaneous expenses - -if they are for official business and fit within these guidelines. You may pay your own way and file an expense report when you return, or you may request money in advance from the Finance Department. If you prefer to get city money in advance, there are two basic ways to do it: "direct payment" and "cash advance ". Direct payment's are advance payments, made by the city to an organization, to pay for some specific costs related to a trip; usually conference or seminar registration fees, hotels and airlines. Cash advances are lump sum payments made to employees before they travel, based on estimated costs, and used to cover expenses as they arise on the trip. If you request a cash advance, whoever authorizes your trip must review the amount to be sure it is reasonable. When you return, you account for all expenses, and return the unused portion of the advance. You will be reimbursed the difference if actual, authorized expenses exceed the amount advanced. J, To obtain either a direct payment or a cash advance, you must complete the 'Request for Cash Advance/Direct Payment' section of the Travel Expense Report at the same time you complete the 'Travel Authorization' section. The completed report (all copies) should be submitted to your Department Head as far in advance as possible. The second and third pages will be returned; you will need them to complete the 'Expense Report' section when you return and account for all expenses. The request should have a completed voucher attached for each requested payment, including an advance, if any. To determine the amount of money to request for a cash advance, reference the 'Expense Report' section'of the Travel Expense Report. Estimate the expenses in each category based upon the distance, duration and rates of reimbursement relating to your trip. The reimbursement rate for use of a personal vehicle, and the per diem allowance for meals and miscellaneous expenses, can be found in the most current Council resolution pertaining to travel reimbursement. You should be able to accurately forecast your travel expense's. Advance requests in excess of reasonable estimations of reasonable estimations of expenses will be refused. PART 3. MAKING THE TRIP There are two important rules to remember about making an official trip: 1. Keep it official. 2. Keep receipts for all expenses not covered by your per diem allowance. 7 Keeping it official �i If you take time away from official business for personal matters, or if you delay your return after completing your business, you will not be reimbursed for expenses during that time. If you are an employee, the time will be counted as vacation or leave without pay. If you get sick, in cases you will be reimbursed for expenses until you are able to return home. You should notify your department if you become ill. For employees, the time will be counted as sick leave, and the normal sick leave rules will apply, including submission of a doctor's statement if the illness lasts more than five days. Special approval is required to extend the sick leave beyond 14 days. Keeping receipts No reimbursement will be made for an expense unless you have a receipt for it. Be sure to get receipts for lodging and transportation not paid in advance by direct payment. For taxis, airport limousines, public transit, rented cars, telegrams, parking fees, tolls, registration fees, "and unusual but necessary expenses, you will be reimbursed over and above your per diem allowance, if receipts are submitted. You are expected to pay other routine, incidental expenses out of your per diem. You should keep a record of official telephone calls, showing the date, the party called, and the charge for each call. r�� j � I For meals and beverages, you do not need to keep receipts, or account for them individually, because you will pay for them out of your fixed per diem allowance. If you spend more on meals and beverages than your approved per diem, you will not be reimbursed for the difference. In calculating your per diem allowances, the following rules must be followed: - If you depart after 8:00 a.m., deduct the breakfast allowance for that day. - If you depart after 2:00 p.m., deduct the breakfast and lunch allowances for that day. - If you depart after 8:00 p.nf., deduct all meal allowances and only claim the miscellaneous allowance for that day. t - If you return after 8:00 p.m., you may claim the full per diem allowance for that day. If you return between 2:00 p.m. and 8:00 p.m., you may claim the breakfast, lunch, and miscellaneous allowances. If you return before 8:00 a.m., you may only claim the miscellaneous allowance. - If meals are provided without charge at a meeting or while in transit, appropriate deduction must be made from the per diem allowance. PART 4. NON- TRAVEL EXPENSES The city will pay expenses incurred for such meetings and hospitality as may, from time to time, be determined by the City 9 n Council to be appropriate. Costs for such special occasions will be determined by specific resolutions authorizing such events. The city will also pay expenses incurred by city employees in attendance of meetings or conferences held locally which do not include travel expenditures. When such functions include a meal or other expense, the city will reimburse the employee and spouse, if authorized, for the cost. Where such costs are known in advance, the employee may arrange to have the city pay this cost in advance by filing an Expense Report (see Part 5 of this document). In addition, the city will reimburse the cost of a beverage to accompany the meal provided that the cost of the city's reimbursement does not exceed 1/4 the price of the meal. Any beverages, including coffee or tea, ordered by an employee which costs in excess of 1/4 the cost of the meal shall be reimbursed only to the equivalent of 1/4 of the price of the meal, and the employee shall be responsible for the difference. Although the city does not encourage the consumption of alcoholic beverages, such are not excluded from the allowance above. In addition, the city will reimburse the employee for costs incurred while at a meeting or other function when such costs are directly linked to the program or subject matter of the meeting. Examples of costs which will be borne by the city include printed materials, tapes, or other training material which may be available for sale at the meeting. 10 PART 5. ACCOUNTING FOR EXPENSES 4ihen you return from your trip, or official function, a final accounting of all expenses must be approved by your Department Head and submitted to the Finance Department within five working days. An expense report is required in all cases, whether you broke even on your cash advance, you are due additional reimbursement, or you need to return some city money. The final accounting is made by completing the 'Expense Report' section of the Travel Expense Report. All expenses should be listed, even if they were paid directly, in advance, by the Finance Department. Meals and expenses paid out of the per diem allowance do not need to be listed individually. Detailed instructions for completion of the expense report are provided in the following section. Required receipts should be attached to the expense report form, you should sign the report, attesting to its accuracy, attach a check if you owe the city, and submit both copies to your Department Head. If you did not submit a payment voucher for a cash advance before your trip, and the city owes you reimbursement for cash expenses, a payment voucher must be attached to the expense report. If a voucher was sutmitted earlier for a cash advance, and the city owes you for expenses over and above the amount of the advance, an additional payment voucher is not needed. The balance will be paid to you, referencing the original payment voucher. that: Officials approving expense reports are responsible to ensure 1. All reported expenses are reasonable, necessary and within the limits of these guidelines. 11 2. Receipts are attached for all expenditures requiring same for reimbursement. 3. Any non - receipt type document of telephone calls) is reviewed and 4. The final disposition is correct employee; balance due city) and amount due the city. 5. Final accounting of all expenses Finance Department. 12 expense (e.g., record of signed. (e.g., balance due 3 check is attached for any is submitted to the FOR: TRANSPORTATION TRAVEL EXPENSE REI 3URSEMENT SUMMARY OF ALLOWANCES THE CITY WILL PAY: Airplanes, airport limousines, buses, trains, public transit, etc. City car Cost, if you have receipts Use a city credit card for gas, oil, and. any necessary repairs or service Private car Amount per mile specified in current Council resolution on travel reimbursement, when approved by.Department Head. Inter- city mileage based on charts in Administration Office Rented car Cost, if justified and if you have a receipt Taxis Cost (including tip), with receipt, up to $20 /ride, "if city car, public transit, airport limousine or common carrier is not available Tolls, parking fees LODGING Single room Double room MEALS AND MISCELLANEOUS EXPENSES OTHER EXPENSES Registration fees Telephone calls, telegrams Other routine expenses not listed Cost, with receipts Cost, if it meets the "reasonably economical" test and you have a receipt Cost, if reasonably economical, the city administrator has authorized your spouse to go, and you have a receipt Per diem allowance. Refer to current Council resolution on travel reimbursement for amounts Cost, with receipt Cost, with receipt (or approved record) To be paid out of per diem Large, unusual expenses Cost, if justified, with receipt .. ...... 1!! 11i�j;.1�a1kij, ji11,1;1 I ; I� �l U cit U - san tins oBI spoJ o,.: .I � TRAVEL EXPENSE REPORT 15.83 ame (Print) O Department O 2 TRAVEL AUTHORIZATION Destination O3 Purpose of Trip (include date and time of official meeting. conference, etc.) 0 SLA De a Dace Dnparcyze Tlma SIA Retyln Date Return �e Travel Approval Dace Use of Personal Vehicle Approval 1 Date Participation of SpouUproval Date 1 EXPENSE REPORT Finance Department Approval Date R CASH ADVANCE /DIRECT PAYMENTS Q9 ployee /City Official: FAdva=a Date Seeded Amount Voucher `lo. 15 Arun �6 Voucher 7 Direct Payment To: - - Amon j� Vouther v EXPENSE REPORT Dace Preps ad Employee Signature Q9 s EXPENSE ITEM - - LESS DIRECT PAY.OTS /CITY TOTAL EXPE11 TOTAL: EXPENSE CHARGED ESP. 2Q Registration /Tuition 24 Transportation (fare; or personal vehicle _ miles @ _c): 25 Lodging. Breakfast(s) @ $ . S 26 . Per Diem O Lunch(es) @ S . $ Dinner(s) @ $ ' I Day(s) Hisc. Exp. @ S S TOTAL Other Expenses $ s 27 $ S s TOTAL Totals Department Approval 34 G finance Department Verification /Approval Check One Box Only: Cash Advance 1 Q Balan a City 3 ❑ Balane a Employee Alternative Per Diem Approval 35 Balance c Receiota moat be attached for all expenses ocher than per them meals and personal vehicle mileage. EXPENSE REPORT INSTRUCTIONS FOR COMPLETING TRAVEL EXPENSE REPORT O1 NAME. Print name of employee or city official for which this report is being submitted. 2O DEPARTMENT. Enter department or city organization to which employee/ official belongs. TRAVEL AUTHORIZATION. This section shall be completed before a trip is made. Required approvals shall be obtained and the original completed. form shall be submitted to Finance Department. Copies shall be retained by employee pending completion of Expense Report section, following the trip. 3O DESTINATION. Enter city and state to which employee /official will be traveling. OPURPOSE OF TRIP. State the specific function for which this travel is authorized, including date and time of official meeting, seminar, conference, etc. DEPARTURE AND RETURN. Enter dates and times that employee will leave from, and return to, work or home. O9 TRAVEL APPROVAL. Signature and date of approval. For employees, travel shall be approved by their Department Head. 10 USE OF PERSONAL VEHICLE APPROVAL. Signature and date of approval. Use of personal vehicle shall be approved by the Department Head. 11 PARTICIPATION OF SPOUSE APPROVAL. Signature and date of approval. Participation by spouses shall be approved by the C.A.O. REQUEST FOR CASH ADVANCE /DIRECT PAYMENTS. This section should be completed and submitted concurrently with the travel authorization section whenever the employee requires an advance of money to cover cash expenses, or whenever some expenses (e.g., registrations, tuitions) can be paid in advance. The completed form should be submitted to the Finance Department with vouchers and applications /invoices attached. 12 DATE NEEDED. Enter the.date by which the employee needs to receive a cash advance. 13 AMOUNT. Enter amount of cash advance required, based upon an estimate of travel expenses. 14 VOUCHER NO. Enter number of voucher requesting cash advance. 15 DIRECT PAYMENT TO. Name and address to which requested direct payment should be sent. 16 AMOUNT. Enter amount of direct payment to be sent. 17 VOUCHER NO. Enter number of voucher requesting direct payment. EXPENSE REPORT. This section shall be completed and signed by the employee upon returning from the trip. All expenses should be reported on the S2 and 113 copies of the report form. All receipts should be attached to the 112 copy and submitted to the Finance Department following approval of the Department Head. The 113 copy should be retained in the department. 18 DATE PREPARED. Enter date the employee completes the expense report section of the form. 19 EMPLOYEE SIGNATURE. Employee shall sign expense report, attesting to its accurate accounting of applicable expenses incurred while traveling on city business. 20 TOTAL EXPENSES. The total amount of money expended for a particular expense item, whether it was paid by the employee, charged to the city, paid in advance, or any combination thereof. 21 LESS DIRECT PAYMENTS AND CITY CHARGED EXPENSES. The portion of item 1120 charged to the city or paid directly by the city, if any. 22 TOTAL CASH EXPENSES. The difference between items 1120 and 1121. This amount should reflect cash expenses paid by the employee. 23 TUITION /REGISTRATION. Report expenses for registration in training programs, seminars, conferences, etc. 24 TRANSPORTATION. Report amount of airfare, railroad fare, etc. (including tax) or mileage allowance if personal vehicle was used. 25 LODGING. Report expenses for hotel /motel including taxes. 26 PER DIEM. Enter the number of each type meal which was purchased by employee, and the number of days for which miscellaneous expense money is allowed. Multiply those quantities by the current per diem allowances to determine the total per diem expense allowance. Report that amount as the total expense. 27 OTHER EXPENSES. Itemize, and attach receipts for any other expenses incurred and which were related to city business (e.g., telephone calls, parking, tolls, etc.) Combine these other expenses and report the sum as the total expense. 28 TOTAL EXPENSES. The total of all entries in the total expenses column. This amount should accurately reflect all expenses related to the trip. 29 LESS CITY CHARGED EXPENSES. The total of all entries in the column, reflecting all expenses charged to the city or paid directly by the city. 30 TOTAL CASH EXPENSES. The difference between items 1128 and 1129, reflecting the total cash expenses paid by the employee. 31 CASH ADVANCE. The amount of money advanced to the employee before the trip, if any. 32 BALANCE. The difference between items 1130 and 1131. QD ;J 33 BALANCE DUE. If item 1131 is greater than item 1130, the balance !item #32) is due to be paid back to the city. If item 1131 is less than item 1130, the balance (item 1132) is due to be paid to the employee for expenses over and above the amount of the advance. If the balance is due the city, the employee should attach a check and submit it with the expense report. 34 DEPARTMENT APPROVAL. Signature verifying and supporting employee's/ official's report of expenses. For employees, the Department Head shall approve expense reports, and sign all 'non- receipt' documents of expense. 35 ALTERNATIVE PER DIEM APPROVAL. C.A.O. shall approve the application of increased per diem allowances. / -1 city San Luis OBI SPO­J TRAVEL EXPENSE REPORT ;tame (Print) - ^Do1v FeR6QSoN RECR64*r10N 15-83 - TRAVEL AUTHORIZATION Des'[faaC_ien SAN FRANCISCO CA. Purpose of trip (include dace aad time of official meeting. conference. etc.) USV13f1 Si5mwAR oar VOLLEYSALL 4.04 S of :oaPM; 1 -6 -83 7110 N004•1 -10 -83 SW Departure Decal Departure Time SLO Return Date Return Time - Travel Approval - Date F.� 1-6 -83 9 :oo4m I -to -83 S:00 PM 12-2o -92 Use of Personal Vehicle Approval Date Participation of Spouse Approval Date �,f�dt- la -ao -sa Voucher No. - - -- - Finance Department Approval Date REQUEST FOR CASH ADVANCE /DIRECT PAYMENTS EXPENSE REPORT Cash Advance to .Employee /City Official: Dace Seeded Axounc #300.00 Voucher :10. 123 '/S' _ 1 -3-53 2, �, �,{ EXPENSE IT 'Gil EXPENSE Direct Payment to: 9590 i U.S. VOLLEYBALL 43SOG119TfON, 310_ MyRKEr ST SAN M & CISCO Cy Amount JJSO.100 voucher No. 123 yd Direct Payment To: - Amount Voucher No. Recelots must he attached for all expenses other than per diem meals and personal vehicle mileage. EXPENSE REPORT Date Prepared - Employee Signature EXPENSE REPORT ► -13'93 ��.,�, - LESS DIRECT TOTAL 2, �, �,{ EXPENSE IT 'Gil EXPENSE PCHARCi5 /Cm CASH ES TOTAL EXPENSE CBAttCE� EXP. Regis tration /Tuition I So. 00 150. o o -e- Transportation (fare: or personal vehicle Sqo miles @a3 c): 12q. ao 1a'1•ao Lodging 160.00 -� 160.00 l Breakfast(s) 5 `".,h(Ga) @ sToo - s3S.0O Per Diem _q Dinner(s) @ $la.00 - $ y9.O0 r Day(s) Hisc. Exp. a s S.00 - s�S.00 I a9.00 -B' 12q. TOTAL -O Other Expenses TEtEP►IewE Cgtt To REc DEPT 5 1.75 BRIDGE roll. s 1.00 S S - $ TOTAL OZ. / s -�- - • 75- Totals 560.95 150.00 4110.95 Department Approval Finance Department Verification /Approval Check One Box Only: l _ F.Aat 1 -13 -93 Balance Due CSty Balance Due Employee Cash Advanea 3oo.00 _ Alte rive Per Diem Approval 9alance 110.95 Recelots must he attached for all expenses other than per diem meals and personal vehicle mileage. EXPENSE REPORT (White) #1 Travel Authorization TRAVEL EXPENSE REPORT #1 Travel Authorization: Used for travel approvals and request for cash advance/ direct payments. Submitted to Finance Department with completed payment vouchers. 2 Expense Report #2 Expense Report: Used for final accounting of all travel expenses submitted to Finance Department with all required receipts attached. (Yellow) #3 Department File Copy: Retained in department as record of travel authorization, advance payments, and expenses. (Pink) 1 TRAVEL EXPENSE REPORTING PROCEDURE RFSI'ONS i.B11.1TY ACT ON Employee /0fficlaI I. Identify need for official travel 2. Plan itinerary, transportation and accommodations. 3. Complete 'Travel Authorization' section, and 'Request for Cash Advance /Direct Payment' section if necessary. Attach payment voucher for each direct payment and advance requested. 4. Submit completed authorization /request (all pages) and payment vouchers to Department Bead. f Department Head 5. Review travel authorization and request for advance /direct payment for conformity to city travel guidelines and department priorities. 6. Verify that enough money exists in the appropriate travel budget to cover all costs. 7. Sign 'travel approval' section, and obtain approvals for personal vehicle use or participation of spouse, if necessary. 8. Submit original (top sheet) travel authorization /request for cash advance/ direct payment and payment vouchers to Finance Department. 9. Return expense report (pages 2 and 3) to employee /official making trip. Finance Department 10. Review and approve request for cash advance /direct payment. 11. Make direct payment(s) to requested organizations) and /or provide cash advance to employee /official. 12. Suspense file authorization /request and payment vouchers for follow -up. J Employee /Official 13. Upon completion of travel, submit expense report, accounting for all expenses related to the trip, to the Department Head. a) Attach required receipts for expense b) Attach check, if unused portion of cash advance is due the city c) Sign report, attesting to its accuracy Department Head 14. Review expense report for conformity to city travel guidelines. a) Sign non - receipt documents of expense b) Verify correct balance and disposition c) Sign department approval section and obtain approval for alternative per diem, if necessary. 15. Submit expense report, receipts and check for balance if required, to the Finance Director. 16. Retain copy for department records. Finance Department 17. Review and verify expense report, advance balance, and final disposition. 18. Receive unused portion of cash advance into appropriate travel account, or reimburse employee for expenses over and above advance amount. �p,e9-�' RESOLUTION NO. 5367 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO SWIM CLUB, INC. FOR USE OF SWIMMING POOL AT SINSHEIMER PARK FROM JULY 1, 1984, THROUGH JUNE 30; 1985. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Swim Club, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Swim Club, Inc., City Finance Director, City Director of Recreation. On motion of Councilman Settle , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of June , 1984. APPROVED: Finance Dire r r D' ecto of Recreation R 5367 AN EXHIBIT "A" AGREEMENT USE OF MUNICIPAL SWIMMING POOL AT SINSHEIMER PARK THIS AGREEMENT, made and entered into this 5th day of June , 1984; by and between the CITY.OF SAN LUIS OBIMPO, a municipal corporation (hereinafter "City") and the SAN LUIS OBISPO SWIM CLUB, INC., also known as the SAN LUIS OBISPO SEA HAWKS, an educational, non - profit, tax- exempt corporation headquartered in the City of San Luis Obispo (hereinafter, "Club ").. WITNESSETH: WHEREAS, City is the owner and operator of the Municipal Swimming Pool located at Sinsheimer Park (hereinafter "Pool "); and WHEREAS, City desires that all residents.of San Luis Obispo with interests in any manner of aquatic activities, including competitive swimming, have the opportunity to make use of Pool; and WHEREAS, Club makes available aquatic training and competitive experience as well as other aquatic activities to all members of the community and has indicated its desire to make Pool its home facility; NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and conditions herein set forth, City and Club hereby mutually agree and covenant as follows: 1. City hereby grants to Club the use of Pool for team workouts during the hours of 5:45 to 7:15 A.M. and 3:00 to 6:30 P.M. during the school term and 6:00 to 9:30 A.M. and 4:30 to 6:30 P.M, during non- school months. This use is limited to Monday through Saturday. This use is not necessarily exclusive and the Club will share Pool during these hours with non- conflicting groups as scheduled by the Director of Parks and Recreation. The basic use area shall not exceed eight lanes but may be varied on special occasions by mutual agreement between Director of Parks and Recreation and Club representative. r. 2. Club agrees to pay the City rent as follows: A. For the months of: JUNE, JULY and AUGUST $125 per month B. For the months: SEPTEMBER through MAY $120 per month C. If Club and City agree that Club may use Pool at times in .addition to those set out above, the rental for the additional time shall. be $30:00 per month hour; i.e:, one hour per day, Monday through Saturday for one month. 3. TERM AND RENEWAL A. The term of this agreement shall be one (1) year, to commence on July 1, 1984. B. This agreement may be renewed on the same terms and conditions on a year -to -year basis upon mutual consent of the parties hereto. 4. City hereby further grants the Club the use of Pool to host certain swim meets. Swim meets dates must be submitted to the office of the Parks and Recreation Department a minimum of sixty (60) days prior to the date of the event to accommodate possible rescheduling. Club shall have-exclusive use of pool and pool facilities, as facilities exist on June 30, 19844.for scheduled swim meets. Swim meets shall be held only on Fridays, Saturdays and Sundays; provided that no meet will begin earlier than 4:30 P.M. on Fridays, 8:00 A.M. on Saturdays or end later than 8:00 P.M. on Sundays. 5. City agrees to provide the additional custodial supplies required during a swim meet, Club agrees to leave entire pool area in a clean, safe condition at the culmination of a swim meet. 6. In consideration for the pool time and services during swim meets,, Club agrees to pay City according to the following schedule of rates: - 2 - A. Sanctioned Swim'Meets 1. Friday $50 Plus loss of revenue from any City program that must be cancelled to allow meet. 2. Saturday $125 Plus loss of revenue from any City program that must be cancelled to allow meet. 3. Sunday .... ...............,...... a. Meets ending before 1:00 P.M. ...... $50.00 b.. Meets ending after 1:00 P.M. ........ $100.00 B. Sanctioned Dual, Inter -squad meets or Time- trials Each day held (usually a one partial day meet or trial) $50.00 Plus loss of revenue from any City program that must be cancelled to allow meet. 7. City agrees to grant Club concession rights during meets mentioned above. In consideration for concession rights, Club agrees that no food sales or food consumption will be allowed on deck and Club agrees to pay City ten percent (10 %) of gross sales of any food or product sold during meets. 8. City hereby grants the Club the right, with no liability to the City for loss or damage, to store at Pool such aquatic paraphernalia that is associated with the Club's program. the storage thereof shall not interfere with normal City operations of other aquatic programs. Storage area shall be approved by the Director of Parks and Recreation. 9. Club shall furnish to City evidence of current policy of comprehensive general liability insurance in an amount not less than $1,000,000 which shall name the City as additional insured for those periods of time that Club is conducting its program in the Municipal Pool or at the Pool site. Such insurance shall insure such performance by the Club of the indemnity provision of Section 17 but shall not limit the liability of the Club to the stated amount ofithe insurance. - 3 - The evidence of insurance shall contain an endorsement that the insurance is primary coverage and will not be terminated or altered by the insurer except on 30 days written notice to City. 10. Club agrees to furnish, for its own use; any and all aquatic parapher- nalia it deems necessary to conduct a safe training and competitive program. Such property, including fixtures that are not an integral part of Pool, shall remain the property of the Club and shall not be used by any other group without the written permission first being granted by the Club. Any equipment provided by the Club to the City on a permanent basis shall be.covered by separate agreements. 11. Club shall furnish any and all personnel necessary to conduct its aquatic workouts and swim meets. Personnel may include, but not be limited to, coaches, lifeguards, and meet officials. 12. Club retains the right to expand its program to meet the needs of the community as outlined in its corporate articles and bylaws. Any expansion of programs will not change use times or rental rates as described herein except as provided for in Section'2 of this agreement. 13. Club shall be responsible for damage to the physical plant and any City owned equipment, excepting normal wear and, tear, if the damage occurs during the time Club is using Pool and the damage arises out of and is in connection with Club's use of Pool. 14. Club shall notify the City if its tax - exempt and non - profit status should change. 15. Either party may terminate this agreement without the other party's consent by giving six months written notice. 16. Notices under this agreement .shall be sent by certified mail, return receipt requested, postage prepaid, addressed as follows: - 4 .- CITY: Office of the City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 CLUB: San Luis Obispo Swim Club, Inc. Board of Directors P.O. Box 142 San Luis Obispo, CA 93406 17. Club shall indemnify and save harmless City from all claims, demands and judgments arising out of any injury to any person -or property occurring in, on, or about Pool premises arising out of Club's use or occupancy of the facilities. Club shall not hold City harmless for responsibility for damages or injury arising solely out of City's negligent acts or omissions. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above - written. ATTEST: City ,lerk Pamela oges APPROVED: City Adm ni rative Officer i City Ar orney SAN L ISPO WIM UB, INC. BY: %� Name &. Title: Numl. V" "t)"g -\o P(Lt�iOCuT t�k6ctor 'of Recreation M.'m RESOLUTION NO. 5366 (1983 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES AND CHARGES FOR REPRODUCING DOCUMENTS, FINGERPRINTING, AND OTHER SERVICES PROVIDED BY THE POLICE DEPARTMENT AND AUTHORIZED BY LAW AND RESCINDING R -5257 WHEREAS, the City of San Luis Obispo is required to provide documents, fingerprinting and other services to the public; and WHEREAS, it is the intent of the City of San Luis Obispo that charges herein shall reflect costs attributable to the expenditure of labor and the costs of materials or providing such services; and WHEREAS, state law provides for the recovery of reasonable costs incurred by the local law enforcement agency; NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo as follows: SECTION 1. Charges for reproduction of certain documents involving reports including those specified in the California Vehicle Code. a. Minimum charges (includes first five pages).. $ 5.00 b. Each page in excess of five. .50 each SECTION 2. Charges for providing fingerprint services. These charges do not include other fees required by the United States Government for the State of California. a. Fingerprint services. b. Each additional card over two. $ 5.00 1.50 SECTION 3. Charges for providing information to the public as required in Government Code Section 6254(f)(1) and (2): a. Completion of form. $ 10.00 b. Archival searches (two or more years) 15.00 /hour with 1 hr. min. SECTION 4. Handling charges for mail return of reproduced documents with return address stamped envelope not included (single documents). a. Document weight less than 4 oz. b. Document weight 4 oz. or more. $ 1.00 3.50 R 5366 SECTION 5. Charges for duplication of photographs: a. Black and White 15.00 SECTION 1. First print from rool 4" x 5" $ 3.00 2. First print from rool 8" x 10" 5.00 3. Succeeding prints from same roll d. Permit fee (per 12054 PC) 4" x 5" or 8" x 10" 1.00 each 4. Proofsheet (20 exp. or less) 4.00 5. Proof sheet (21 exp. or more) 5.00 b. Color 1. Print charges will be provided by requestor at City - selected commercial establishment. 2. Service fee per roll $ 3.00 SECTION 6. Other miscellaneous charges: a. Clearance letters $ 3.00 b. Examination of local criminal offender Record Information (13322 PC) 25.00 c. Impound vehicle release. 5.00 d. Record sealing pursuant to 851.8 PC (Includes fingerprint comparison fees) 15.00 SECTION 7. Concealed weapons permit charges a. Fingerprint processing $ 5.00 b. Office - Clerical support 10.00 c. Administrative costs 11.00 d. Permit fee (per 12054 PC) 3.00 e. Investigative, expenses 68.00 f. Renewal fee 30.00 SECTION 8. Massage license processing charges. a. Fingerprint processing $ 5.00 b. Office: - 'Clerical support 10.00 c. Administrative costs 5.75 d. Investigative expenses 68.00 e. Renewal fee 25.00 SECTION.9. Other charges for services may be approved by an action of the City Council. SECTION 10. This Resolution supersedes other action of the City Council concerning items included in Sections 1 through 6 of this Resolution. APPROVED AS TO FORM AND CONTENT On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES None ABSENT None The foregoing Resolution was passed and adopted this 5th day of June , 1984. ATTEST: CII CLERK PAMELA OGES City Atto Vey tarwmmar Polic hief /JO %�� �!� �, �i /� ������ I RESOLUTION NO. 5365 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH RANDY AND K.M. HIGH, AUTHORIZING THE MAYOR TO SIGN, AND DIRECTING THE FINANCE DIRECTOR TO PLACE A LIEN AGAINST THE PROPERTY AT 546 HIGUERA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Agreement between Randy and K.M. High and the City of San Luis Obispo dated �ay 15', 1984 is. hereby approved and the Mayor is authorized to sign. SECTION 2. Upon the loan of funds referred to in said Agreement, the Finance Director is directed to place a lien against the property, funds to be collected in the same manner as city taxes and subject to all collection procedures as are available with city taxes. SECTION 3. The City Clerk is directed to send copies of this Resolution to Randy and K.M. High, the Finance Director and the Public Works Director. On motion of Councilwoman Dovey , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig v the foregoing Resolution was passed and adopted this 15th day of May , 1984. < fozl��7 Vice -Mayor Allen K.. Settle ATTE T: Cit Clerk Pamela oges V R 5365 Resolution No. 5365 _ 2 - 1984 Series APPROV a �s City Administrative Offi er �� .� � �� ���� d� . ��qy �/ `r i��''�^°'CI�' ���. P I�� AGREEMENT Thi's Agreement, dated May 15 1984, for the convenience of the parties hereto, is between the �.City of San Luis Obispo, a municipal corporation, hereinafter called "City;" and Randy and Cs K. M. High, owners of the real property known as Mission Trailer Park located at 546 Higuera Street, San Luis Obispo, California, hereinafter referred to as "Owners." RECITALS A. The City Council of the City on December 13, 1983, adopted Resolution No. 5268 (1983 Series) finding the existence of a public nuisance at 546 Higuera Street and ordering the abatement of said nuisance. A copy of said resolution is attached hereto as Exhibit "A ". B. City staff has studied various alternatives for the abate- ment of said nuisance and has prepared a plan entitled "Mission Trailer Park Sewerline Abatement" dated January i" 1984. Construction costs, including contingencies, is estimated at $30,000. C. City has obtained an appraisal for an easement of the existing creek boundaries establishing a value of $100.00. D. City desires to assist Owners in the abatement of said nuisance by providing, in addition to any assistance and services already provided in this regard, financial assist- ance under mutually satisfactory terms and conditions. I�D Now, therefore, in consideration of the above, CITY and OWNERS hereby agree as follows: 1. OWNERS will abate the nuisance in accordance with plans and specifications approved by CITY. Plans are to be approved by June 15, 1984 and construction is to be completed by September 30, 1984. Extensions may be allowed pusuant to mutual agreement should unusual circumstances develop. 2. CITY will lend OWNERS, after receipt and verification of bills for the construction work, funds up to a maximum of $35,000 to be secuted by a property lien. Interest of the loan shall be set at 10% per year on the unpaid balance. 3. OWNERS will repay CITY in five (5) equal payments of the principal plus accrued interest on the unpaid balance. Payments to be collected with the City taxes and subject to the same penalties and costs if not so paid in accordance with the established County tax procedures. 4. OWNERS will obtain the necessary encroachment permit from CalTrans for that portion of the work to be conducted in the Higuera Street right -of -way. 5. CITY will prepare the applicable and necessary documentation for, and OWNERS will grant, a drainage easement for that portion of the subject property which is now a creek. In consideration for the easement, CITY will pay owners the sum of $100.00. 6. This agreement shall be binding upon, and'shall inure to the benefit of, the heirs, assigns, and all other.successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date above. -2- Dated: C�TY CLERK .A VOLES n 7XZ4�- K. M. HIGH CITY OF SAN LUIS OBISPO By: J,17 VICE -MAYOR ALLEN K. SETTLE -3- i RESOLUTION NO. 5268 (1983 Series) A RESOLUTION OF THI; COUNCIL OF TUE CITY OF SAN LUIS OBISPO FINDING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF (MISSION TRAILER PARK SEWERLINE, 546 HIGUERA STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. In accordance with the provisions of Resolution No. 5252 (1983 Series) this Council held a public hearing this date concerning the alleged existence of a public nuisance in the form of an exposed sewerline in the creek upon the real property known as Mission Trailer Park at 546 Higuera Street, and particularly described as 2- 402 -30 in the County of San Luis Obispo. a portion of Block 61 of Old Town, and shown as Assessor's Parcel No. ny for said Mission Trailer Park, this 2. After considering the testimo Council finds and determines that said exposed sewer line in the creek con- stitutes a public nuisance. that a plan for said abatement be sub- 3. This Council further orders mitted to and approved by the Public Works Director prior to April 1, 1984, and further orders the abatement of said nuisance on or before June 30, 1984. Dove On motion of Councilman Dun in seconded by Councilwoman = and on the following roll call vote: Councilmembers Dunin, Dovey, Griffin and Mayor Billig AYES: NOES: None ABSENT: Councilman Settle the foregoing Resolution was duly pa and adopted this 13th day of December 1983. ATTEST: C1CV C.crk Pamela V09 R 5261 RESOLUTION NO. 5364 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING ENCROACHMENT PERMIT TO SOUTHERN CALIFORNIA GAS COMPANY FOR A PORTION OF SOUTH'STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. An encroachment permit is hereby granted to Southern California Gas Co. for the northerly half of South Street as it abuts their property between Broad Street and Emily Street. SECTION 2. The term of the permit shall be 3 years. The permit shall be automatically renewed for successive 3 year periods. However, at any time after the initial term, or any period of renewal, the permit may be revoked by city upon J year, written notice, or immediately without notice for noncompliance of any of the.below described specific conditions. SECTION 3. All improvements proposed by permittee is subject to city approval. SECTION 4. The permit holder agrees to hold harmless and free from liability the city, its officers, employees, and agents, from any and all claims for damages arising out of their use and /or possession of the subject premises; and further, to defend and indemnify same should any legal action result. SECTION 5. The permit holder by their acceptance of this permit, agree to obtain and maintain public liability insurance in an amount determined by, and subject to whatever reasonable conditions may be imposed by, the City Attorney. SECTION 6. Copies of this resolution shall be sent to Southern California Gas Co., MDW, the Community Development Director, and the Public Works Director. On motion of Councilman Dunin seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig R 5364 Resolution No. 5364 i� the foregoing Resolution was passed and adopted this 15th; day of may 1984. ATTEST:— CITY LERK PAMELA V67 S I Pa , d r City Administrative 0 ice Community Development Director Public Works Director VICE -MAYOR ALLEN K. SETTLE �o. C� GGs Ce .`' /�,� �/ � oSS �o��rd � -. �� ��� RESOLUTION NO. 5363 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, APPROVING THE FINAL MAP OF TRACT 929 (UNIT 2) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council made certain findings concerning Tract 929 as contained in Resolution No. 4963 (1982 Series). SECTION 2. Whereas a Faithful Performance Bond in the amount of $30,000 and a Labor and Materials Bond in the amount of $15,000 are on file to guarantee installation of uncompleted subdivision improvements for Unit 2. SECTION 3. Whereas all fees and deposits required to be paid to the City have been received in the total amount of $22,032.18. SECTION 4. Whereas all other conditions required per Resolution No. 4963 (1982 Series) for Tract 929 (Unit 2) have either been met or bonded for. SECTION 5. This Council hereby grants approval of the final map for Tract No. 929 (Unit 2) and authorizes the Mayor to execute the agreement. On motion Councilman Griffin , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th, day of May , 1984. ATTEST: ty Vice -Mayor Allen K. Settle R 5363 a q 34p2 N I SC rLJn,; i = A 402 CKI CGU:c.;__ A G R E E M E N T 5/03/84 402. THIS AGREEMENT, dated this 15th day of May, 1984 by and between Santa Luicia Hills, Inc. , herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City" WITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final map of Tract 929, Unit II City of San Luis Obispo, California, as approved by the City Council, on the 15th day of May 1984 , WHEREAS, the Subdivider desires that said Tract 929, Unit II be accepted and approved as a final map pursuant to the Subdivision Regu- lations and Ordinances4,of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regula- tions, and in accordance with approved plans and specifications -on..file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to_ the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY b ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above fa. cilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. Resolution No. 5363 (1984 Series) Citt Administrative Officer City Att # ney City Tngineer 7) The lines and grades for all of said improvements shall be estab- lished by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improve- ments shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve ( 12) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will-be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements,upless specifically approved by the City Council. The subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council. 1. The Subdivider shall pay water acreage fees of $2,954.90 (2.547/AC x $1,160 /AC). 2. Subdivider shall deposit $1,000.00 to assure monumentation of the subdivision. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 3. The Subdivider shall pay Rockview -Tank Farm lift station fees of $1,005.28 (3 x $131.5479/AC x 2.547 AC). 4. The Subdivider shall pay a park -in -lieu fee of $13,068.00. This will be refunded when the developer later dedicates a park that is accepted by the City as per Condition 33 of Resolution No. 4963 (1982 Series). 5. The Faithful Performance band in the amount of $30,000 is to guarantee installation of uncompleted subdivision improvements. Nothing herein reduces or diminishes the obligation of the Sub- divider to maintain and /or repair defects prior to acceptance of all improvements. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. - � -2- the Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $30,000.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from. faulty workmanship. or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof.. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees option, declare the bond, instrument�of credit, has been posted by Subdivider, to guarantee fai forefeited and utilize the proceeds to complete City may complete said improvements and recover thereof from the Subdivider of his surety. that City may, at its or cash deposit, which thful performance, said improvements, or the full cost and expense The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $ 4,000.00 , from which deposit the City will pay the salary and expenses of an -3- ir r 1 inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider.. In the event the inspection fees exceed the sum of $ 4,000.00 , the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. . t It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: 15th day of May 1984 Approved as to form: WRY •.y�- ��s� °! �f CJ C �C 5 Fvf6W 1-1 day of 1 Vice -Mayor Allen K. Settle a City Engineer.. -4- RESOLUTION N0. 5362 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, REDUCING THE BOND FOR TRACT 929 (UNIT 1). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council approved an agreement with Santa Lucia Hills, Inc. concerning installation of public improvements for Tract 929 Unit 1 per Resolution No. 5243 (1983 series). SECTION 2. A Faithful Performance Bond in the amount of $700,000 and a Labor and Materials Bond in the amount of $350,000 was submitted to guarantee installation of said subdivision improvements. SECTION 3. Whereas certain improvements have been completed but are not yet ready for acceptance and maintenance by the City. SECTION 4. This Council hereby grants conditional approval for the reduction of the Faithful Performance Bond and the Labor and Materials Bond for Tract 929, Unit 1, to $96,000 and $48,000, respectively, subject to satis- factory evidence of compliance with California Civil Code procedures with respect to bond releases as specified in Section 66499.7, Government Code. The Mayor is hereby authorized to execute the Surety Bond endorsement upon such compliance. On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call. -vote: AYES: Councilmembers Dovey, Griffin, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th , day of May 1984. ATTE vcti Vice -Mayor Allen K. Settle Cit Clerk Pamela oges R 5362 �i Resolution No. 5362 (1984 Series) La.0-Q 11 . Administrative City Atto ey City Engineer \J -� �i /� `' Svl�i'v��e�� � - ����� -:_ RESOLUTION NO. 5361 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE USE PERMIT A 11 -84, ALLOWING A SECOND DWELLING UNIT IN A SINGLE - FAMILY HOME AT 773 MIRADA DRIVE WHEREAS, the council of the City of San Luis Obispo considered the appeal by Geoffrey and Elizabeth Chaffe and conducted a public hearing on the matter; and WHEREAS, the City Council reviewed the materials submitted to the San Luis Obispo City Planning Commission at a public hearing held by the commission on April 25, 1984; and WHEREAS, the Council finds that the proposed use will not adversely affect the health, safety, or welfare of persons living or working at the site or in the vicinity; and WHEREAS, the Council finds that the proposed second dwelling unit is aesthetically and functionally compatible with the primary dwelling unit; and WHEREAS, the Council has determined that the project expands housing oppor- tunities for low- and moderate - income or elderly households by increasing the number of rental units available within an existing neighborhood; and WHEREAS, the Council finds that the proposed second dwelling unit conforms with applicable codes and city requirements for second dwelling units, pursuant to Section 9900(Ordinance No.1004 - 1984 Series) of the Municipal Code; and WHEREAS, the proposed second dwelling unit is categorically exempt from environmental review (Section 15303.b.). NOW, THEREFORE, the Council resolves to deny the appeal, thereby _ upholding the decision of the Zoning Hearing Officer to approve Use Permit A 11 -84, subject to the following conditions: 1. A total of four vehicle spaces shall be provided at all times to city standards for primary and secondary dwelling units. New curb, gutter, and driveway ramp shall be installed on Mirada Drive to the approval of the City j Engineer. 2. Applicant shall pay additional sewer and water service fees for second dwelling unit, to the approval of the City Engineer. R 5361 3. Site and building design plans including fencing, landscaping, parking spaces, paving, retaining walls, and site lighting shall be approved by the Community Development Director. 4. Design and use of second dwelling unit shall be as shown in approved plans dated March 23, 1984. 5. Applicant shall install address sign for second dwelling unit to the approval of the Community Development Director. 6. Either primary or secondary dwelling unit shall be owner- occupied. Pro- perty owner shall allow the city, at any reasonalbe time, to verify owner occupancy either by allowing an inspection of records or by visual in- spection of the premises, provided that the inspection shall be preceded by notice to the residents of not less than one hour. 7. Upon receipt of any reasonable, written complaint from a citizen or city department, the Community Development Director shall schedule use permit for review at a public hearing. Upon review, use permit conditions may be added, modified, or deleted to insure neighborhood compatibility and com- pliance.with city regulations. 8. Use permit shall be reviewed in one year following occupancy of the second dwelling unit, and at three year intervals thereafter. It shall be the responsibility of the property owner to initiate the reviews and pay appli- cable fees. 9. Failure to comply with the above conditions shall be grounds for use permit review and revocation. Upon use permit revocation, the property owner shall, at his own expense, convert primary and secondary dwelling units back to a single dwelling unit. On motion of Councilman Griffin , seconded by Councilwoman Dovey , an on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 15th day of May 1984. Vice -Mayor Allen K. Settle ATTE "S Ci Clerk Pamel Voges V FAMIGN"I City Administrative Officer Community Development Director Ot RESOLUTION NO. 5360 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL AND UPHOLDING A PLANNING COMMISSION ACTION TO APPROVE USE PERMIT REQUEST ALLOWING A FRATERNITY OR SORORITY HOUSE AT 1 MUSTANG DRIVE WHEREAS, the Council of the City of San Luis Obispo considered the appeal by Lambda Chi Alpha fraternity and conducted a public hearing on the matter; and WHEREAS, the City Council determined that the use permit conditions imposed by the Planning Commission are reasonable and an appropriate extension of commission authority; and WHEREAS, the council finds that staff and Planning Commission review and hearing procedures followed legal requirements for notice and public review; and WHEREAS, the council determined that the proposed fraternity use is consistent with the general plan and zoning ordinance requirements on density and parking; and WHEREAS, the council concludes that the requested use is appropriate at the site. NOW, THEREFORE, the council resolves to deny the appeal and uphold the Planning Commission's approval of Use Permit U1146, subject to the following amendments: The following findings shall be added to Use Permit U1146, as follows: 6. The proposed use will entail a number of probable and potential activities, including social events, which are best suited for this particular location and which would constitute an unreasonable burden and hardship on a neighborhood if allowed to occur in other residential locations within the city. R 5360 rte° Resolution No. 53600984 Series) Page 3 I� J; the foregoing resolution was passed and adopted this 15th day of May , 1984. �7z /4�5� Vice -Mayor Allen K. Settle APPROVED: V City Clerk V Pamela Voges ATTEST: Pam,Q S City Administrative Of ricer IJ City Worney Community Development Director ✓' "4 � ,c -<yc� °`cam, --� ,D • L r Resolution No. 5360 (1984 Series) Page 2 J 7. Fraternities are a type of land use that typically include certain detrimental effects, such as an increase in parking demands and late night activities, in their operation. In order to reduce.these effects and to prevent potential land use conflicts throughout the community, it is desirable to restrict social activities of any given fraternal organization to one single location within the city. Condition 2 of Use Permit U1146 is hereby amended to read as follows: Any fraternal organization occupying the structure may exercise one additional concurrent use permit for the operation of a fraternity or sorority residence within the city limits of San Luis Obispo, subject to the following limitation: Meetings, parties, or any other social activities involving persons other than residents living on the site shall occur only at the approved location in Mustang Village. Condition 12 of Use Permit U1146 is hereby amended to read as follows: No meetings, parties or any other types of fraternal activities involving persons other than residents living on the site shall be allowed between the hours of 10:00 p.m. and 9:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 9:00 a.m., Fridays and Saturdays, with the exception of WOW Week, Rush Week and Poly Royal, when the evening period of activities may be extended by two hours. An additional condition (Condition 13) is hereby added to Use Permit 01146, to read as follows: The use shall at all times be compatible with adjacent and surrounding land uses and shall at no time be detrimental to the health, safety, and welfare of persons living or working in the area. On motion of Councilman Griffin , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig $ecording requested by: �. 1=, 8 .00. RI ( .00CA81 ' City of San Luis Obispo 2975' When recorded, return to: City Clerk - -P:0 Box -321 — - - - -- - - - — - -- - DOG. NO San-Luis Obispo, CA 93406 OFFICIAL RECORDS - SAN LUl.S OBISPO CO., CAL MAY 30 194 RESOLUTION N0. 5359 (1984 Series) FRANC4S M. MONEY Courtly TIME 2 05P A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF CHURCH STREET BETWEEN OSOS STREET AND THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on May 15., 1984, pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, this Council finds and determines that the portion of Church Street between Osos Street and the Southern Pacific Railroad Right -of -Way as shown and described on Exhibit A, attached hereto and incorporated herein, is not necessary for present or prospective public street purposes. SECTION 2. This Council hereby orders the abandonment of said section of Church Street subject to reservation of the entire area for public sanitary sewer and utility purposes as follows: 1. Reserving, however, to Pacific Gas and Electric Company the right from time to time to install, maintain, repair, operate, replace, remove, and renew lines of pipes, wires, poles, and other structures, equipment and fixtures both above and under ground for the operation of said facilities in said street. 2. Reserving a permanent easement for Southern California Gas Company to permit continued use and operation of their facilities in their present location. 3. Reserving an easement to maintain, repair and replace a public sanitary sewer main and appurtenances. SECTION 3. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo. VOL 2599PACE111 R 5359 Resolution No. 5359 (1984 Series) On motion of Councilwoman Dovey , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th day of May 1984. ;ATTEST: oo CITY CLE •' PAMELA VOGES A • Vie: APPROVED ,y s Ci Administrativ /9,,OJhicer ty At Community Development Director Cis ty E 'neer �r VICE -MAYOR ALLEN K:- SETTLE VOL 2599PAGEU2 02" 110 16 vJ O 1 60' 50' O CHURCH ST IR 4D"t 01? C be No 56ALE. V161kilt-Y MAP Legal-Descript-ion of Abandonment: Beginning at LEGEND the'—m6st 'easterly corner of Lot 15i Block 1:77 of Loomis Addition as recorded in Vol. A of Maps, AREA TD BE AZA&WOME-0 Page 126 on January 4, 1887; thence North 530 07' East, 53.40 feet more or less to a*point on tight of way line of S.P.R.R., thence along said right of way line.South 280 49' West, 58.59 feet., thence -North 360 53' West, 24.11 feet more or less to point of beginning. EXHIBIT j/ A it CHURCH ST--. ADA�J00NMEqr cItY.Or PORTION or -o. san Lu EASTERLY OF 01506 57 IS OBISPO 990,Paim Street/Post Office Box 321, San Luis ObIs-po, CA 93408 I?RA\#Jkl DY: V 5T0>` F- DATE ; 6/64 hTAPRINT NJ M[ END OF DOCUMENT voL2599PAGEJ13 rn 17 A, 4D"t 01? C be No 56ALE. V161kilt-Y MAP Legal-Descript-ion of Abandonment: Beginning at LEGEND the'—m6st 'easterly corner of Lot 15i Block 1:77 of Loomis Addition as recorded in Vol. A of Maps, AREA TD BE AZA&WOME-0 Page 126 on January 4, 1887; thence North 530 07' East, 53.40 feet more or less to a*point on tight of way line of S.P.R.R., thence along said right of way line.South 280 49' West, 58.59 feet., thence -North 360 53' West, 24.11 feet more or less to point of beginning. EXHIBIT j/ A it CHURCH ST--. ADA�J00NMEqr cItY.Or PORTION or -o. san Lu EASTERLY OF 01506 57 IS OBISPO 990,Paim Street/Post Office Box 321, San Luis ObIs-po, CA 93408 I?RA\#Jkl DY: V 5T0>` F- DATE ; 6/64 hTAPRINT NJ M[ END OF DOCUMENT voL2599PAGEJ13 9 rid j �,fly��' t.�� � rc�ers OFfil� RESOLUTION N0. 5358 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AN' EMPLOYEE RECOGNITION PROGRAM FOR THE PERIOD OF 7/84 THROUGH 6/86. WHEREAS, the Council is desirous of having an Employee Recognition Program; and WHEREAS, an Employee Recognition.Program has been developed to address identified needs; and WHEREAS, the proposed program provides the opportunity to commence activity in this area; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Council hereby adopts the proposed Employee Recognition Program, attached hereto as Attachment "A ", for a two year period commencing. July 1, 1984. On motion of Councilman Dunin , seconded by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th day of May 1984. VICE = MAYOR ALLEN K. SETTLE R 5358 Resolution No. 5358 APPROVED: 5 Pwv City Administrativ Off cer a,,., Personnel Director (1984 Series) ATTACIMNT "A" ���i i ► �� fll(Iii!IIIII�Di�►�� �����► ������ EmployEE RECOc.jn it i on city or ° sAn WI s OBI spo ���`lai1�4NT9�Y�j�AJi �3 ezll ".Ty °!,la EmployEE RECOc.jn it i on city of san WIS OBISPO Employee i2ecocnition pnocaam TABLE OF CONTENTS MERIT RECOGNITION POLICY ............................. . 1 ......... ..... .. MERIT AWARD NOMINATION FORM ........................... .................. 2 RETIREMENT RECOGNITION POLICY ........................................... 3 SERVICE RECOGNITION POLICY .. ............................... 4 ANNUAL EMPLOYEE APPRECIATION PICNIC ...... ............................... 5 EMPLOYEES NEWSLETTER ..................... ............................... 6 Of F�01��Wgi�le I�III�IIY�I I�I'I���I�4II•�I ■ ✓ VAn WI V VI Vp0 Employee Pecocnition pQOGuam MERIT RECOGNITION POLICY It shall be the policy of the City of San Luis Obispo to annually recognize employees whose performance has been deemed outstanding by co- workers and management. PROCEDURE 1. Once a year the Employee Recognition Committee will provide each department with nomination forms. 2. Employees will submit merit nominations to a departmental committee comprised of a cross - section of employee representatives for review and recommendations. 3. Recommendations will be reviewed by the Employee Recognition Committee for final selection. 4. Nominations should include a brief justification of the employee's outstanding performance. Nomination may be based on a single event or a sustained effort by employee. 5. Selected employees will be honored at an Annual Employee Appreciation Picnic hosted by the City. 6. Those selected will receive an engraved plaque and have their picture . displayed in City Hall Council Chambers for the year. 1 ►� A j!! city of San Luis OBISPO Employce aEcocnition pQocRam MERIT AWARD NOMINATION NAME OF EMPLOYEE NOMINATED: DIVISION /DEPARTMENT: SHOULD BE CONSIDERED FOR AN AWARD IN ACCORDANCE WITH THE MERIT PROGRAM OF THE CITY OF SAN LUIS OBISPO FOR THE REASONS LISTED BELOW: 2 city of san WI s OBI spo y .. employe uECOCnition Pcioc,r2cum RETIREMENT RECOGNITION POLICY It shall be the policy of the City of San Luis Obispo to honor any employee retiring after completing ten continuous years of permanent City service: The City shall provide partial funding for the appropriate ceremony. PROCEDURE 1. The employee shall notify the Department Head of the anticipated retirement date and the type of celebration desired. It shall be the Department's responsibility to structure a social function compatible.with the employee's wishes. 2. Each Department is authorized to spend up to $250 for an employee's farewell event and /or gift. 3 ! city Of San Luis OBISPO C111p10yF.0 12CCOCTIM011 P1wgj12.vn SERVICE RECOGNITION POLICY It shall be the policy of the City of San Luis Obispo to recognize employees who have been employed for 10 years, and at additional five year intervals. PROCEDURE 1. Once a year each department will determine which employees are eligible for this program. Each employee may select either a day off or a cash bonus of $100 at the attainment of 10 years, 15 years, 20 years, 25 years, and 30 years of continuous service with the City. 2. Employees in any of the above categories will be honored at an Annual Employee Appreciation Picnic hosted by the City and will receive a service pin and certificate acknowledging their years of service. 4 V city of san Luis OBIspo --4 � . CmPLOY .C, JZec�oC,nition prZOC,12.Xm .+';. �. ANNUAL EMPLOYEE APPRECIATION PICNIC' The City shall sponsor an Annual Appreciation Picnic for City employees and immediate family. A program will be developed by the Employee Recognition Committee. S 0j, y Y �'Y. RESOLUTION NO-0357-0984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE HOUSING AUTHORITY'S ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT ADMIN- INSTRATIVE SERVICES BUDGET WHEREAS, the City of San Luis Obispo entered into an agreement with the Housing Authority on December 16, 1980 whereby the Housing Authority agreed to administer the city's block grant program; and WHEREAS, the funds to pay for the Housing Authority's administrative services (staff and materials) has come from part of the city's $350,000 federal block grant as outlined in the adopted block grant application approved by HUD in 1980; and WHEREAS, consistent with the previously adopted administrative services agreement and the adopted block grant application, the Housing Authority has submitted a budget for the period 4 -1 -84 and 7 -31-84 for the continued provision of administrative services - the total estimated budget amount being $6,290. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The budget for administrative services to be provided by the Housing Authority for administering the city's Block Grant Program hereto attached as Exhibit "A" and incorporated herein by reference, is hereby approved. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Housing Authority; City Finance Director; City Community Development Department. On motion of Councilman Dunim , seconded by Councilman Griffin, and on the following roll call vote: R 5357 Resolution No. 5357 (1984 Series) Page 2 AYES: Councilmembers Dunin; Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 15th day of May 1984. Vice -Mayor Allen K. Settle ATTEST: City Clert Pamela Voges APPROVED: _La'0, U'a City Administrative ffi Tj City At rney Community Dev lopment Director May 4, 1984 HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO DOWNTOWN HOUSING CONSERVATION PROGRAM PROGRAM ACTIVITY REPORT 1983 -1984 TNTPnnT7rTTON In our last report, we anticipated closing out the Downtown Housing Conservation Program by the end of the program fiscal year. Due to delays in construction, the program close out cannot occur until the end of July. This report will highlight the programs third year activities, costs and give a brief evaluation of what the program has accomplished as compared to the goals that were outlined in the City's Block -Grant application. Additionally, the report will discuss program income and future possibilities. THIRD YEAR ACTIVITIES The third year program activities were primarily centered around the Park Hotel Rehabilitation Project. The resolution giving final approval of funding for the' project was adopted by the Loan Committee on March 18, 1963. All conditions attached to the loan were met and the loan documents were signed July 15, 1983. The loan is in the amount of $300,000 at 39 interest for 20 years. In return for the low interest loan, the owners signed a commitment that makes the rehabil- itated units available to low- income households for a period of 20 years. As soon as construction began in July, the type of problems that are inherent in a rehabilitation project of this scope began to surface. Problems were worked out as they came up and work continued on the project although at a slower than hoped for pace. At this time, the interior of the units are complete except . for cleaning. work on the exterior balconies is nearing completion. The major holdup for completion of the project is for the developer to have the site improve- ments in place. The major reason the site improvements are not done in time is that the developer did not submit for a building permit in a timely manner. The site work is now underway and it is anticipated all residential related work will be completed and occupancy granted in mid June. Upon completion, there'wkll be 4 studio apartments and 17 one - bedroom apartments, 4 of which are designed for I'Y wheelchair use. • We have met with the former occupants of the Park Hotel who have indicated that ("• they would like to move back in after completion. It is anticipated that up to 5 of the former tenants may return. The Housing Authority's staff has been working with the developers staff to establish a waiting list of p g qualified people who are interested in occupying the remaining apartments. During the past year, the City and the Housing Authorities underwent a field audit by H.U.D.. for program performance and compliance. our audit report came back with no significant findings. The minor points that were raised have been resolved. In conjunction with the use of State funding for a portion of the Park Hotel Rehabilitation Project, the Housing Authority's administration of the Deferred Payment Rehabilitation Loan Program was reviewed by the Department of Housing and Community Development (H.C.D.). H.C.D.'s staff found that the program was being well administered and that work on the hotel was consistent with good construction practices. FINANCIAL SU.*1ARY In the City's application to H.U.D. for C.D.B.G. funding, $50,000 was budgeted for administration by the Housing Authority, $265,000 for rehabilitation of properties, and $15,000 for relocation of tenants. Approximately $41,000 has been spent on administration of the program during the past 3 years. We anticipate that an additional. $6,290 will be spent on administration thru scheduled program close out which is slated for the end of July. The projected total administration costs of $47,290 are comfortably within the budgeted amount of $50,000. L, Page 2 DOWNTOWN HOUSING CONSERVATION PROGRAM PROGRAM ACTIVITY REPORT 1983 -1984 FINANCIAL SUMMARY (continued) May 4, lr Relocation assistance costs to date have been $6,477. This assistance was paid for moving expenses, dislocation payments and rental assistance payments. An additional $900 is allocated for moving expenses which may be incurred by persons moving for the second time as allowed in the Relocation Assistance Plan. This total of $7,377 is well under budget. Although our original budget amount for rehabilitation was $265,000, the program has committed $303,695 in loan funds. This increase in funding ability is a result of interest earned thru prudent investment by the City's Financial Director . of the $265,000 lump -sum drawdown that was requisitioned from H.U.D. PROGRAM INCOME Under the terms of the C.D.B.G. Program, income from the program (interest and recaptured loan funds) must be used to help further the goals of the Housing Assistance Plan adopted by the City. An additional stipulation is that the program income can only be used for rehabilitation projects pursuant to 24 CFR 570.513(c). At anticipated program closeout, there will be approximately $70,000 in program income remaining. For the next 5 years, the City will receive interest payments of $9,000 per year ($750 per month) in income from the $300,000 loan. There is an administrative fee of $1,500 per year payable to Security Pacific Bank for. handling the loan, leaving a net income to the City of $7,500 per year, plus interest earnings from the initial $70,000. Beginning in 1989, the City will begin receiving principal and interest payments of $24,862 per year ($2,071.83 per month). This will give a net income of $23,362 to the City until 2004. PROGRAM ACHIEVEMENTS The initial focus of the Downtown Housing Conservation Program was in the Central Business District (C.B.D.). We were able to rehabilitate one 3- bedroom apartment in the C.B.D. The existing tenants were then able to participate in the Section 8 Rental assistance Program. The only other owners of rental housing in the C.B.D. that were interested in the program dropped out after bids to rehabilitate their old hotel came in at too high a cost. After expanding the eligible area, the owners of the Park Hotel, along with several other property owners, expressed an interest in rehabilitating their property. The Park Hotel project presented the best possibility to conserve a number of housing units that were likely to be lost to commercial or high cost residential development. In addition, the visual improvements to building and grounds can only have a very positive effect on the neighborhood, which was in danger of becoming a blighted area. The City's :lousing assistance Plan sets a goal of assisting 25 lower income rental households with Federally Assisted Rehabilitation. Upon completion of the current project under construction, we will have assisted the rehabilitation of 22 apart - ments; 1 - 3 bedroom; 13 - 1 bedrooms; 4 - 1 bedroom wheelchair adapted, and 4 - studio apartments. All assisted units qualify for and are targeted to the Section 8 Rental Assistance Program. PROGRAM CLOSE -OUT We anticipate that dll direct program activities will cease at the end of July. Servicino of the loans will be provided by Security Pacific National Bank. Monitoring of the rental units will be done by the Housing Authority on an ongoing basis. ti' Page 3 May 4 984 16 DOWNTOWN HOUSING CONSERVATION PROGRAM PROGRAM ACTIVITY REPORT 1983 -1984 PROGRAM CLOSE -OUT (continued) a After program close -out, the City will have the approximate $70,000 in program income, plus the annual income from the loan repayment, that can only be used in the area of housing rehabilitation. There are several possible types of programs that could be created to utilize the funds. However, due to the limited resources available at this time, only a modest program would be possible. Probably the most feasible program would be one that was targeted for low- income owners of single family homes which would have a fairly low maximum loan amount and be restricted to health and safety related work items. At it's next meeting in June, the Downtown Housing Conservation Program Loan Committee will finalize recommendations for possible uses of the program income. These recommendations will then be forwarded to the Council for consideration. COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ADMINISTRATIVE SERVICES BUDGET 4 -1 -84 through 3 -31 -85 I. DIRECT COSTS A. Personnel 1. Housing Rehabilitation Specialist 2. Executive Director 3. Administrative Secretary 4. Fringe Benefits Total Personnel B. Travel C. Rental of Office Space D. Telephone E. Sundry 1. Consumable supplies 2. Xerox copies Total Sundry TOTAL DIRECT COSTS II. INDIRECT COSTS A. Payroll d Accounting Services 1. Senior Account Clerk 2. Finance Officer 3. Account Clerk 4. Fringe Benefits Total Payroll and Accounting Services B. Sundry 1. Rental of office facilities and equipment, indirect staff 2. miscellaneous supplies Total Sundry TOTAL INDIRECT COSTS III. RELOCATION EXPENSES TOTAL CDBG ADMINISTRATIVE SERVICES BUDGET w April, 1984 $ 1,778 $ 594 45 $ 559 $ 586 S 85 S 3,517 46 380 200 S 40 45 S 85 $ 4,228 $ 515 923 174 322 $ 1,934 $ 75 50 S 125 $ 2,059 $ 900 $ 7,187 El `a s .r COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE SERVICES CLOSE -OUT BUDGET Fiscal Year Ending 3 -31 -85 I. DIRECT COSTS . It is anticipated all close -out activities will be completed by 7- 31 -84. Accordingly, final budget projections are predicated on the four -month period from 4 -1 -84 through 7- 31 -84. A. Personnel ' 1. Housing Rehabilitation Specialist (Salary base of $1,707 per month through April, 1984 - $9.85 per hour. Salary increased to $1,840 per month effective 5 -1 -84 - $10.62 per hour.) Estimate of 9 hours per week x 18 weeks to complete close -out plus two additional loan committee meetings @ a total of 4 hours each, includes preparation. 4 weeks @ 9 hrs. ea. x $ 9.85 per hr. _ $ 355 14 weeks @ 9 hrs. ea. x $10.62 per hr. = 1,338 2(4 hrs.) x $10.62 per hour = 85 $ 1,778 2. Executive Director (Current salary of $3,433 per month used to compute hourly rate for direct cost reimbursement @ $19.81 per hour.) Estimate of 6 hours per month x 4 months plus 2 additional Y loan committee meetings @ a total of 3 hours each, including preparation. 30 hours @ $19.81 per hour $ 594 3. Administrative Secretary (Current salary of $1,668 per month - $9.62 per hour. Step increase in June to $1,752 per month - $10.11 per . hour.) a. General Administration Estimate of 1 hour per week routine administrative x 18 weeks, plus 4 hours typing and copying budget material, plus 2 loan committee meetings @ a total .. of 4 hours each to take, transcribe and type minutes. 4 hours @ $ 9.62 per hour (budget) _ $ 38 11 weeks @ 1 hr. ea. x $ 9.62 per hr � 106 7 weeks @ 1 hr. ea, x $10.11 per hr P 71 2(4 hrs.) x $10.11 per hour - 81 $ 296 b. Relocation Assistance Processing tenants for return to Park Hotel, appropriate file documentation, etc. Estimate of 2 hrs. per applicant x 9 applicants, plus 2 group meetings @ 2 hours per meeting, and 4 hours to complete file close -out. Total of 26 hours @ $10.11 per hour $ 263 , Total Administrative Secretary = $ 559 i'i 1 COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE SERVICES CIOSE -OUT BUDGET Fiscal Year Ending 3 -31 -85 page 2 I. DIRECT COSTS A. Personnel (continued) 4. Fringe Benefits Computed at 209 of $2,931 total Direct Salaries = S 586 Total Personnel = $ 3,517 B. Travel 1. Housing Rehabilitation Specialist @ 4 miles per day x 2 days per week x 18 weeks rehabilitation inspections, etc., plus 10 per month miscellaneous x 4 months = 184 miles @.5.205 per mile = S 38 _. Administrative Secretary @ 10 miles per month miscellaneous x 4 months = 40 miles @ $.205 per mile = S 8 Total Travel $ 46 C. Rental of Office Space Office space for Housing Rehabilitation Specialist @ $95 per month x 4 months = $ 380 D. Telephone Estimate $50 per month x 4 months = $ 200 E. Sundry 1. Consumable supplies, forms, stationery and miscellaneous office supplies @ $10 per month x 4 months = $ 40 2. Xerox copies - estimate of 100 copies ucr month x 4 months plus 500 copies final close -out documentation. Total of 900 copies @ S .05 per copy = $_45 Total Sundry = $ 85 'TOTAL DIRECT COSTS = $ 4,228 II. INDIRECT COSTS A. Pa':rall and Accounting Services (Accounting services will be provided through 8- 31 -84, one month after close -out to process final payrolls and close books of account.) 1. Senior Account Clerk (Current salary of $1,588 per month - S 9.16 per hour. Step increase in July to 51,668 per month - 59.62 oer hour.) Estimate of 10 hours per month x 4 months plus 15 hours the final month to close out and balance all books. I I V COM04UNITY DEVELOPMENT BLOCK GRANT ADMINISTRATIVE SERVICES CLOSE -OUT BUDGET Fiscal Year Ending 3 -31 -85 page 3 II. INDIRECT COSTS A. Payroll and Accounting Services 1. Senior Account Clerk (continued) 3 mos. x 10 hours ea. x $9.16 per hour = $ 275 1 me. x 10 hrs. @ $9.62 per hour = 96 ., 1 me. x 15 hrs. @ $9.62 per hour = 144 S 515 2. Finance Officer ' (Formerly classified as Financial and Administrative Services Officer, no change ... in duties related to CDBG. Current salary of $2,859 per month - $16.49 per hour.) Estimate 20 hours budget preparation in April, plus 4 hours per month x 5 months routine and 16 hrs. additional, final month to complete close -out review and prepare final financial reports. Total of 56 hours @ $16.49 per hour = S 923 3. Account Clerk (Formerly classified as Office Services Asst., will continue to perform same duties related to CDBG. In addition, she has assumed responsibility for payroll. Current salary of $1,512 per month - $8.72 per hour.) Estimate 4 hours per month x 5 months = 20 hours @ $8.72 per hour = $ 174 4.. Fringe Benefits. Computed @ 208 of $1,612 Total Indirect Salaries = S 322 Total..Pavroll and Accounting Services = $ 1,934 ' B. Sundr•: 1. Rental of office facilities and equipment - CDBG indirect staff. Flat charge. of $15 per month x ' 5 months. _ $ 75 ' _. Miscellaneous supplies @ $10 per month x 5 months = $ 50 Total Sundre = $ 125 TOTAL .INDIRECT COSTS = $ .2,059 III. RELOCATION EXPENSES A. vc:inq Exoenses 5100 per household x 9 families eligible = $ 900 4!6/54 .., w L}ovsiiy 4 &hon' 1 RESOLUTION NO. 5356(1984 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL RATIFYING THE JOINT.POWERS AGREEMENT FOR SAN LUIS OBISPO AREA COORDINATING COUNCIL BE IT RESOLVED by the San Luis Obispo Cityc:C6uncil as follows: SECTION 1. That certain agreement, attached hereto, marked Exhibit " "A" and incorporated herein by reference, between the City of, San Luis Obispo and the San Luis Obispo Area Coordinating Council ratifying the Jaint Powers Agreement is hereby approved and the Mayor is authorized to execute..:the same. SECTION 2. That said ratification shall remain in full force and effect for a period of one year from the date of adoption of this resolution. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo Area Coordinating Council. On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing resolution was passed and adopted this 15th day of May 1984. 'Aw� 0��' VICE= MAYOR-.ALLEN K. SETTLE ATTES % V CITT CLERK PAMM6 VOGES R 5356 I Resolution No. 5356( 14 Series) Page 2 Geoffre L. Grote JOINT POWERS AGREEMENT SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January, 1976, and amended November 4, 1982 by and among such of the incorporated cities of Arroyo Grande, Atascadero, E1 Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "COUNTY," as follows: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the California Government Code have the joint and mutual power to create an area planning commission, herein designated :'San Luis Obispo County and Cities Area Planning Coordinating Council. WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend and supersede the same; and t V JOINT POWERS AGREEMENT PAGE 2 WHEREAS, Section 29532, California Government Code, provides that such a Planning and Coordinating Council shall be designated the regional transportation planning agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in the preparation of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with requirements of federal and state legislation in order to participate in the allocation and disbursement of state and federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been approved by their respective governing bodies. NOW, THEREFORE, it is agreed as follows: I. PURPOSE The San Luis Obispo County and Cities Area Planning Coordinating Council is organized for the permanent establishment of a forum for planning, discussion and study of area —wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. JOINT POWERS AGREEMENT PAGE 3 II. POWERS The San Luis Obispo County and Cities Area Planning Coordinating Council hereinafter called "Area Council," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes hereinabove stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services; to provide for employment of necessary personnel, experts and consultants; to accept gifts, loans, grants; and to administer the affairs of the Area Council hereby created in accordance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the Area Council shall not be 'the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. III. NAME The official name of the organization hereby created shall be the "San Luis Obispo County and Cities Planning Coordinating Council. IV. MEMBERSHIP 1. Membership in the Area Council shall be voluntary; but only the County of San Luis Obispo and all cities incorporated in the. County of San Luis Obispo presently or in the future, are declared eligible for membership in the Area Council. JOINT POWERS AGREEMENT PAGE 4 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the Area Council in accordance with procedures established by each of the governing bodies of the member agencies. Representatives to the Area Council shall consist of. the five members of. the Board of Supervisors of the County of San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agreement, with each incorporated area being limited to one representative. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate, or changes thereto, shall be transmitted in writing to the Secretary of the Area Council by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the Area Council may .do so by executing JOINT POWERS AGREEMENT PAGE 5 this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement as of the date of execution. 6. Membership shall be contingent upon the execution of this Joint Powers Agreement and subsequent annual ratification. V. OPERATION 1. The powers of the Area Council are advisory to the member agencies which execute this Agreement except for those actions mandated by state or federal law for the processing of applications submitted by any of the member agencies for federal and state grants or funds which require action by the Area Council. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the Area Council may have the effect of precluding any favorable action by an agency of the state of federal government in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by Area Council pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to JOINT POWERS AGREEMENT PAGE 6 said Area Council, upon approval of such services by the governing bodies hereof, shall likewise be borne by the respective entities. All costs incurred by Area Council performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 3. Costs of Area Council for each fiscal year which are necessary for the ordinary operation of the Area Council, including but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be borne. by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the Area Council shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by Area Council as the regional transportation planning agency shall be set forth in the budget as part of the annual work program of Area Council and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work program and budget, when adopted shall be the basis for operation of Area Council for the fiscal year. Any deviation from the work program affecting the budget shall be returned to the member agencies for approval. JOINT POWERS AGREEMENT PAGE 7 5. For purposes of conducting business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without the affirmative votes of a majority of representatives. However, eight (8) affirmative votes shall be required for taking any action in the event any agency demands such a vote. The representatives to the Area Council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of Area Council in an orderly manner. VI. OFFICERS 1. The officers of the Area Council shall consist of a President and Vice - President elected for a term of one year by a majority vote of member agency representatives to the Area Council. 2. Both the President and Vice - President of Area Council shall be elected at the May meeting (annual meeting). 3. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President 1) Shall preside over all meetings of the Area Council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said Area Council. 4) Shall be an ex- officio member of all committees. JOINT POWERS AGREEMENT PAGE 8 5) Shall execute all contracts and legal documents on behalf of the Area Council. b. Vice- President 1) Shall serve as Chairman pro - tempos in the absence of the President. 2) Shall give whatever aid necessary to the President in administering of the Area Council. 3) Shall be an ex- officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice - President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the Area Council, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The Area Council shall appoint a Secretary to serve at its pleasure, who will perform the following duties and such others as may be assigned by Area Council. a. Prepare and submit the annual work program and budget to the Area Council for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County- Treasurer and the County Auditor /Controller and the budget and work program adopted by the Area Council. JOINT POWERS AGREEMENT Page 9 d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the Area Council on all committees. f. Shall insure that Area Council renders a written year end report reflecting activities of the preceding fiscal year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the Area Council in the budget. Employees are to be appointed by the Area Council on the recommen- dation of the Executive Director and to serve at the pleasure of the Area Council. 2. The Executive Director of the Area Council shall have charge of, handle and have access to, any property of the Area Council. 3. The Executive Director, Treasurer, and Auditor — Controller shall be bonded or self — insured through the county in —lieu of bonds (in accordance with Government Code Section 24156) in the sum of $1000. VIII. MEETINGS 1. Regular meetings of the Area Council shall be held at least six (6) times a year or at more frequent intervals as approved by the Area Council. 2. Special meetings may be called by the President or upon written request of at least three (3) representatives of the Area Council. JOINT POWERS AGREEMENT PAGE 10 Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be held in the first week of January, March, May, July, September and November. The May meeting shall be designated the "annual meeting." 5. The Secretary of the Area Council will direct the publication of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the Area Council or vote on any motion before the Area Council.. 7. The meeting agenda shall be prepared by the Secretary to the Area Council. Agenda material shall be submitted' to the Secretary at least twenty -one (21) calendar days .prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to instruct their representatives on voting direction. Unless authorized by majority vote of the representatives at a - regular meeting, only agenda items shall be considered by the Area Council. 8. • The Area Council, at the discretion of the President,, may memorialize any of its actions by resolution. 9. Robert'.s Rules of Order or such other rules as the Area Council may adopt will govern all proceedings. not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. JOINT POWERS AGREEMENT PAGE 11 U 11. The Area Council shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all. Area Council meetings shall be kept by the Secretary to the Area Council and shall be submitted to member agencies. IX. COMMITTEES 1. Committees and subcommittees may be established as the Area Council may deem appropriate. 2. Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials nominated by their respective agencies; the Public Works Committee, comprised of all agency engineering officials nominated by their respective agencies; and the Transportation Committee. The Area Council may organize such other technical advisory committees as it deems necessary to carry out Area Council functions. 3. No committee shall .commit the Area Council on any matter or questions of policy. Such matters or questions can only be decided by the Area Council. 4. All committees shall receive clerical assistance from the Area Council staff for the purpose of maintaining minutes of meetings and JOINT POWERS AGREEMENT PAGE 12 other such duties as the Secretary may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the Area Council and the Secretary. X. FINANCE 1. The Area Council shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two - thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the Area Council from whatever source received. It is further understood that the Auditor /Controller of the County of San Luis Obispo is, as such, auditor of the Area Council. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the Area Council or any committee or subcommittee thereof who shall act for and on behalf of their city or county in any or all matters which shall come before the Area Council, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo County and Cities Area Planning Coordinating Council and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of JOINT POWERS AGREEMENT PAGE 13 this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. 3. A member withdrawing shall not be liable for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to Area Council, provided, however, that Area Council may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the operation of the Area Council. If any party hereto fails to pay its contribution, as determined by Area Council, said entity shall be deemed to have voluntarily withdrawn from the Area Council. 4. Area Council may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of Area Council in proportion to the contributions made. XII. EFFECTIVITY This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL RESOLUTION NO. 83-39 RESOLUTION RATIFYING THE JOINT POWERS AGREEMENT OF THE SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL FOR FISCAL YEAR 1983/84 The following resolution is now offereed and read: WHEREAS, the San Luis Obispo County and Cities Planning and Coordination Area Council has been created for the permanent �f establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of reional plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments; and ^t ... WHEREAS, the Joint Powers Agreement for the creation and operation of the San Luis Obispo County and Cities Area Council Planning and Coordinating provides in Section IV, Subsection 6 subsequent annual ratification." WHEREAS, said agreement was distributed and ratified by each member agency as portrayed in Exhibit "A ", attached hereto.. or NOW, THEREFORE, BE IT RESOLVED, as follows: The Joint Powers Agreement for the creation and operation of the San Luis Obispo County and Cities Area Planning Coordinating Council is hereby ratified for Fiscal Year 1983/84. On motion by Delegate Jorgensen seconded by Delegate Kean , and on the following roll call vote, to -wit: AYES: Delegates Jorgensen, Kean Diefenderfer, Kupper, Stover, Dovey and President Coy. NOES: ABSENT: Delegates Brackett, Gallagher, Shelton, Monroe and Eldwayen. The foregoing resulution is hereby adopted. L 2 PrOeidene William Coy San Luis Obispo County and Cities Area Planning Coordinating Council APPROVED AS TO FORM AND LEGAL EFFECT: By C Coun Counsel Dated: (I' I8- �3 ATir Secretaf} -to the San s Obispo County and Cities Area Plan ng Coordinating Council L1 EXHIBIT A Attached hereto include the actions of each member agency ratifying the Joint Powers. Agreement for FY 1983/84 and the aforementioned amendment. Arroyo Grande Resolution 11696 Atascadero Certification, dated May 9, 1983 and May 23, 1983 Grover City Resolution 83-41 and Resolution 85 -54 Morro Bay Resolution 56 -82 Certification dated May 23, 1983 Paso Robles Certification dated May 5, 1983 and May 17, 1983 Pismo Beach Certification, dated April 25, 1983 and May 23, 1983 San Luis Obispo City Resolution 5119 (1983) County Board of Supervisors Action of September 6, 1983 mcl8/1369k W 0— S/o GEC —./ J RESOLUTION NO. 5355 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GOLDE_R WEST AUCTIONEERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Golden West Auctioneers is hereby approved and.t_he Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Golden West Auctioneers, the City Administrative Officer and the Director of Finance. On motion of Councilman Dunin seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th day of May, 1984. ATTES G %� W'' V CITY LERK PAMELA GES '-'VICE -MAYOR ALLEN R. SETTLE R 5355 '501616,17 weS/ �G, Q H Z �a cil W za 00 �x a m m v 0 qm Cm m o o � o� K�v a cCS W. 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E to Q o ei C o m rg rn W o o .4 is U Q E v b a; A C V m C 3 m C m w U O m r o n m a S o A # N O O C% O O %o O N M O N r-I O r, cs M i--1 O cq ri r-I O .T r-I O oc 1-4 rl O M --I O M ri 'O ON r-1 O M ri O ri O O %O N O ON O O M N O 6-1 N p G C% 00 r{ a ON %0 Ln Y1 ON ri IT -7 ri M ri ri _ q try M M 00 ON N - M ON N �o V1 M �o IT N ri co N N �o N O N M N %0 N 1l a% N - M 8 M co r I c!1 co M I M co M co e I M I co cn 1 M W M CO M co M I M co M co M 00 M W M co M OD _ M 00 W li d m r-1 JJ 41 m En v ri ri d is O F m V IN m on E-4 ca d z A O U aU T O'h :7 U w H d .4 8 al 9 w O }i U 1-4 N 1 x R C14 y N W z ¢ I W di Qi i a N , F. F. i m 00 ro a m 00 3 y. m A m � Ch O O O tm m C m • A > rm +1,1 C tj m C AM ,mq O M q m c m P ✓ F .[ �. E o ei C o m rg rn W o o .4 is U Q E v b a; A C V m C 3 m C m w U O m r o n m a S o A w m W 0 a Q 3 >> 8 y m m a E m ri O 0 'N o m m .. W6 'O '� ,� 'b m N •�,�, W M 3 m m Y m m o m m 0 = Y w 2 0 0 Y O 0 O O v .o CD ° o c -m � n y ;k v a .o o a o U �r r o L m o y m r-1 JJ 41 m En v ri ri d is O F m V IN m on E-4 ca d z A O U aU T O'h :7 U w H d .4 8 al 9 w O }i U 1-4 N 1 x R C14 y N W z ¢ I W di Qi i a N , F. F. i m 00 ro a CONSIGNED PROPERTY LIST ID# QTY DESCRIPTION ESTIMATED VALUE 84016016 1 Bicycle 84052007 1 84014007 1 " 84036016 1 " 83278057 1 " 83128008 1 84037011 1 " 8403 007 1 " 84055003 1 " 1 " M068011180 1 " 0270143 1 " K54635 1 " 84058006 1 " Page 3 V i RESOLUTION N0. 5354 (1984 Series) A RESOLUTION OF THE. COUNCIL OF THE CITY OF. SAN LUIS OBISPO' DECLARING CERTAIN PRSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo.as. follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated. herein by. reference shall be surplus property. SECTION 2. That the sale of such property is her "eby authorized. On motion of Councilman Dunin And on the following roll call vote: seconded by Councilman Griffin , AYES: Councilmembers Dunin, Griffin, Dovey and Vice =Mayor Settle NOES: .None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th day of May, 1984. VICE -MAYOR ALLEN K. SETTLE ATTEST:, CITY CLERK PAMELA VO /S AP P' riu: a ;4�-, �- City Administrative Of fice R 5354 ID # ...3692 ...3695 ....6663 ...3033 ...1354 ...0890 ...0895 ...1179 83341021 83119030 83115009 83262025 83137016 83197021 83196024 83164027 83188006 83199026 83147026 83164027 83231009 83218027 83189002 83097013 83169009 83252006 83195032 83144012 '83164027 83113013 83164029 83335011. 83298014 83331008 83293011 83356013 '83246013 83281019 83262013 83350001 83262026 83297009 83351023 83341024 84016016 84045009 84052007 84014007 840360.16 83278057 83128008 84037011 SURPLUS PROPERTY LIST DESCRIPTION. '81 Dodge -Sedan '81 Dodge= .Sedan '78 Pontiac = Sedan '78 Plymouth =Sedan 178 Dodge -Sedan '69 Chev -Pick Up '69 Chev -Pick Up" '66 Crown -Fire Engine Bicycle II r. n II r. r. ID # DESCRIPTION r� 84039007 Bicycle 84055003 " � 84039022 " 84058006 " k068011180 " 0270143 " 854635 .. ha.J7C.e -TOO) RESOLUTION NO. 5353; (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS,OBISPO SETTING RATES IN PARKING LOTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1984, monthly rates for rental of parking spaces in city lots shall be as follows: Parking Lot Monthly Rate 5 (Garden /Pismo) $15 13 (Osos /Palm) 30 14 (630- tonterey) 12 15 (Monterey /Broad): 25 17 (Broad /Marsh) 20 On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin., Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15thday of May 1984. VICE -MAYOR ALLEN K. SETTLE ATTEST: CITY CLEV PAMELA VOrvvb tp R 5353 .. -2- 1 Resolution No. 5353 APPROVED' City Vdministrative Of 'cer City At orney Finance Dire or Public Works Director 1984 Series �Ilj i RESOLUTION NO. '.5352 (1984 Series)' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR TWO TRAFFIC SIGNAL IMPROVEMENT PROJECTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Caltrans, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: David F. Romero, Director of Public Works and Caltrans, Department of Transportation. On motion of Councilman Dunin seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was - passed and adopted this 15th day of May 1984. ATTEST: City ,lerk Pamela V es CY Vice =Mayor Allen K. Settle R 5352 APPROVED: eau.z Q 5 City Administrative Officer City Atto ey ;lrywolm"onow, 01 R5 � CitEnj eer - --,RESOLUTION. NO. 5351 (1984 Serie3'� A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: Storm Drain Improvement Project. PROJECT: Madonna Rd. /Calle Joaquin to CITY PLAN NO. H -17E Laguna Lake ESTIMATE: $99,200.00,, BUDGET ACCOUNT: 20- 5071- 000 -H17E BIDDER: R. Burke Corporation BID AMOUNT: $80,691.00 . SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Dunin seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin,. Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th day of May 1984. VICE =MAYOR ALLEN K. SETTLE ATTEST: CITY CORK PAMELA VOG APP D• i ./tea. City Administrat' Of'icer City AttVney Finance bii7e-affor City Eng:6eer R 5351 �orrle ro =i l � RESOLUTION NO. 5350 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SCOTT LATHROP FOR A WATERLINE IN BUCHON STREET BETWEEN ARCHER AND CARMEL STREETS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Scott Lathrop for construction of a waterline in Buchon Street between Archer and Carmel Streets under the $25,000 Quarterly Program in order to provide improved fire flow for a project at 380 Buchon Street is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: the property owner, the City Engineer, and the Director of Finance. On motion of Councilman Dunin , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Vice -Mayor Settle NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 15th day of May , 1984. VICE -MAYOR ALLEN K.,-SETTLE ATTEST: CITY CLERK PAMELA LJGEt R 5350 Resolution No. 5350 (1984 Series) P, a►,► City Administrativ 0 ice City .Ate` rney Finance ID ty April 5, 1984 EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated May 15 1984, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City," and Scott Lathrop, the fee owner and developer of the real property described in Exhibit "A ", attached hereto, hereinafter called "Developer ;. WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to design and contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293, adopted on October 28, 1980, which resolution is made a part of this agreement as though specifically set forth herein: a. Construction of approximately 500 feet of 8 -inch diameter waterline in Buchon Street between Archer and Carmel Streets. b. Installation of one fire hydrant with connecting lateral and related facilities. c. This project including inspection, engineering, and administration thereof is to be partially financed by the City under provisions of Resolution No. 4293, otherwise known as the "$25,000 Quarterly Funding Program," to the extent that said funds are available from the Third Quarter of the 1983 -84 program. Page Two d. The total estimated cost of this project including engineering, inspection and administration is $28,560.00 of which the City's agreed contribution is to be $25,000.00. The Developer agrees to pay the balance ($3,560.00), with a minimum of $2500.00. 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for Developer's proposed structure at 380 Buchon Street. 3. City agrees to prepare plans and specifications providing for the above described installation to City standards and to call for bids, award a contract and administer the same in accordance with the provisions of Section 724 of the City Charter. 4. Developer agrees to pay the following amounts as his share of the cost for said improvements: a. At the time of signing this agreement,, a total deposit in the amount of $2,856.00 which represents 10% of the estimated total cost for the project. b. After receiving bids and prior to award of contract, Developer shall deposit such additional amounts as is necessary to pay for the balance of his share of the actual engineering, administration and contract cost of the project as described in Section 1, Paragraph "d" above and as adjusted to conform with the unit prices of the lowest acceptable bid. It is understood that if said balance is not paid to the City within twenty (20) calendar days after notification of the determination of the cost of said work, no improve- ments will be made and the deposit will be forfeited and retained by the City. c. Any increased costs due to change orders or other unanticipated expenses occurring during the course of the project shall be paid by the developer within 15 days after notification thereof by the City; changes resulting in cost decreases shall be credited to the Developer. fJ Page Three 5. For planning purposes, the City estimates that the water system improvement will be completed within four (4) weeks after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and Developer agrees that City shall not be responsible for any loss incurred by him as a result of delays in contract completion. Developer also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. Developer agrees that he.will not seek certificates of occupancy and will not permit others to occupy on projects to be constructed by him upon the real property referred to herein prior to the completion of the water system improvements construction contract unless written permission to do so is obtained from the Fire Chief. 7. This agreement shall be binding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OSISPO DEVELOPER Vice-Mayor Allen K.'5ettle Lathr / A�P�e 2'�' ATTEST: V .., Cit Clerk Pamel oges 1� `J Page 4 APPROVED: pax,tp a, -g-4� City Administrative Of icer City Att ey 1 r) ty Engi eer EXHIBIT "A" LEGAL DESCRIPTION FOR 380 BUCHON STREET The southwesterly 50 feet of Lot 5, Block 49 of the town of San Luis Obispo as recorded in Book A, Page 168 of Maps. APN 03- 611 -16 '3p r-I 17a4c 6-/