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RESOLUTION NO. 5399 (1984 SERIES)
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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
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i►, . r1.
CITY OF SAN LUIS OBISPO
MEMORANDUM OF UNDERSTANDING
SAN LUIS OBISPO FIREFIGHTERS' AGREEMENT
JULY 1, 1984 through JUNE 30, 1987
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TABLE OF CONTENTS
Article No.
Title Page No.
1
Parties to Agreement ................
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2
Recognition .........................
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3
Dues Deduction ......................
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4
Employee Rights .....................
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Management Rights ...................
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Representative Role .................
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Grievance Procedure .................
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Salary ..............................
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Pay Differentials ...................
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Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Emergency Call Back ..................
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Work Out Of Grade ...................
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Standby .............................
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Educational Incentive ................
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Uniform Allowance ...................
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Insurance ...........................
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Retiree's Medical Insurance'.........
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Vacation Leave ......................
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Holidays ............................
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Vacation and Holiday Leave For Shift
Employees ..........................
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Bereavement Leave ...................
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Sick Leave ..........................
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Workers' Compensation Leave .........
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Retirement .......................0..
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Hours ...............................
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Health /Fitness ......................
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Jarvis Admendments ..................
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Salary Survey Cities ................
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Work Actions ...........0............
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Full Agreement ......................
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Savings Clause ......................
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Authorized Agents ...................
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Term of Agreement ...................
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Appendix "A" - Classifications ......
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Appendix "B" - Work Schedule.
Illustration .........
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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,
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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.
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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.
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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.
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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.
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ARTICLE 5
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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.
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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.
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(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.
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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.
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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
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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.
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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
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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 ($50.00) per month
differential effective 1 July 1984 paid to the
captain assigned to fire prevention duties.
2. 1 January 1985
There shall be a three percent (38) salary increase
effective 1 January 1985 for all employees in the
Unit.
There shall be a one range (2.63 %) salary increase
effective 1 January 1985 paid to all battalion
chiefs.
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3. 1 July 1985
There shall be a four percent (4%) salary increase
effective 1 July 1985 for all employees in the Unit.
There shall be an increase for the Fire Vehicle
Mechanic as provided in Article 24 Retirement,
Section C (3).
4. 1 January 1986
If three quarters (3/4) of the average of the
percentage increases of the Los Angeles-Long-
Beach-Anaheim and San Francisco- Oakland Consumer
Price Indexes for the period June 1984 to June 1985
exceeds four percent (4$), 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
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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,
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7/55 x 3/4 = 5.66
5.66 - 4 = 1.66%
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there will be no increase in
January 1986.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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ARTICLE 16
INSURANCE
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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
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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.
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ARTICLE 17
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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.
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ARTICLE 18
VACATION LEAVE
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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.
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ARTICLE 19
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HOLIDAYS
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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.
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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.
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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.
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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.
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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.
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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
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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.
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(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.
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It is understood and agreed to by the parties that the
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contribution is in lieu of wages. Therefore, in all
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comparisons made with other agencies, a percent equal
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to the City "pick up" of the employee's PERS
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contribution will be added to the total compensation
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provided by the City to the employees.
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50 plan shall include the modifications shown in
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three -year final compensation.
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(5) The City's maximum obligation arising out of the
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application of this article is ten percent (10 %). If
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the additional cost of the City's PERS contribution due
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to the selection of 2% at 50, when expressed as a
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percent, is eight percent (8 %) or less, then the City
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shall contribute two percent (28) of the employee's
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PERS, as provided in (2) above.
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due to the selection of 2% at 50, when expressed as a
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percent, is more than eight percent (88) but less than
25 ten percent (10%), then the City shall contribute an
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amount equal to the difference between the City's cost
27 and ten percent (10%), as provided in (2) above.
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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.
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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.
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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.
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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.
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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.
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ARTICLE 29
WORK ACTIONS
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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
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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.
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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.
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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-
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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-
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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
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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
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F
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F
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F
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F
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36 F 37 F
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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
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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:
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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"
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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
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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
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My Cummission Expires Aug. 2, 1985'
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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 ,,:- -•
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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
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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� /� �
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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:
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Administrative Office
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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TRAVEL EXPENSE REPORT 15.83
ame (Print) O
Department O
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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
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Voucher
7
Direct Payment To: - -
Amon j�
Vouther v
EXPENSE REPORT
Dace Preps ad
Employee Signature
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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) @ $ '
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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
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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.
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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
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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�-
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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
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Svl�i'v��e�� � -
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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
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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
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1 60' 50'
O
CHURCH ST
IR
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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
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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
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ATTEST:
V ..,
Cit Clerk Pamel oges
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`J Page 4
APPROVED:
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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
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