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6400-6424
RESOLUTION NO,; 6424 (1933 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A COMPREHENSIVE LISTING OF HISTORIC AND NON - HISTORIC PROPERTIES WITHIN HISTORICAL PRESERVATION DISTRICTS WHEREAS, in February 1987 the City Council adopted an ordinance creating three Historical Preservation Districts as part of the zoning regulations; and WHEREAS, the Cultural Heritage Committee has completed a survey of all properties within historical preservation districts and has classified each property as to whether it contributes to the historical character of the district (see attached Exhibit "C "); and WHEREAS, the purpose of CHC's survey is to identify historic properties that will be eligible to apply for benefit programs sponsored by the city; and WHEREAS, the Community Development Director has determined that the adoption of this listing will not have a significant effect on the environment and has granted a negative declaration. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: The listing of properties within Historical Preservation Districts, attached hereto as Exhibit "C" and incorporated by reference, is hereby adopted. SECTION 2: Resolution 5197 (1983 Series) is hereby amended to reflect the new listing of historic properties embodied in Exhibit "C." SECTION 3: The Community Development Department shall publish this listing and make them available to the public. On motion of Councilman Settle , seconded by Councilwoman Pinard and on the following role call vote: I� �� R6424 Resolution No. 6424 8 Series) Page 2 W to AYES: Counclmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted on this 5tbday of April • 1988. ro Mayor Ron Dunin ATTEST: pit,- - — I - ( )/ A City Jerk Pamela V es Approved: City A ministrative Officer Cit Attor y Community Development Director z� \T Ef-1 Q w o p -- W O P V H W i!� p rF� A w W a W F a W a °a 13i v z ►r F a a F z U z F a a a W F W a a a z 0 F a z � 9 ii �1 o T v 0 i q .0 l3 -0 03 q X V O y N Y O _ Y V l6 w O Y Cb r V aT O U m s U a` a c.. C d Y � C U 5 3 oV U _ Y .Nn Y •00 V V U C O C z 0 C .s+ z L O r C p O co V � V R1 .O a V C 'o E m Y Y � L U Ca 0 V s Y O w .ti w EN Ci r L v � y Y w � o V r •Ul Cka z . C o v � y i V m 0 r C C y y cs ou •� V � V v 0 w y ? Oa�eo U F6 y a+ y C O s 0 w 00 ca .G O A4 a U c •G a Y Y H C O vs s Y �° a> 0 o� z� EXHIBIT "C" Y Sri M Y. w V O Y _ Y O p U 4n s O O U t T a:s.0 0 Y L a ° o ° s � s � eTe V C a V O C% U >� �. ay U C h U O lQ M cis C3 C3 �s Y L w 7O r V Y 3 V Y �+ fA CC Y .0 T U U O � L y as 00 U cs •V Y a Q O Y V e � o U Y C r O C z� U Z Q C' m L m N N ' W x S S S u u U qS p O O T W W W W 7 ¢ ¢ ¢ O O O O O O O O O S 0 0 0 0 0 0 0 W. Y OC OC OC OC OC OC W co N N m m m m m m O P Op LA M O mm M A In N N v N . N I ^^� N z \ W N 0 m 8 u u u u u u u u u U u u u u u u u u u u u U u u u S Z u u u i z Z z u d O p N N N N N N N N N M M M M M M M M M N N N N N N N N N N N N N N N m W A d d d A P L m N P A Y -p L c c C. m N m 0 m .. m L L L C O N m m m m _ W L m m N m Y m Y L m N L M Ol W U f9 W V m M W O U L Y Y Y Y Y Y Y O) Im Im g$ O N O N H y J m C C C L . m m g m m LC LL O O W Y Y Y M O 'O L N A C QEt A Q� Y C N L Cm O N N v F w P = NOWi N Gmi L U O E L p C C m O ; . W m O O O d O w Y O_ c T m V O dL O Z. OO Y Y Y Y L Y Y Y U •� m .� .� U p p U m U L m Y. -• U L U m N V u u V U m W m d u 'f.A u> O: C R' C C ... .... C C W C N .-. W d Q W m O H W U> W W i.7 m > L E O 7 C J r C S 2 C O 2 O W N u a O i O u J d u M O W z 1 p�TN N — N W a 2 LL W W C N N 2 O20 y C O F o O ¢2a = Y 6 C W � P 00 O W N N M M ^ P N A M N m Q P O P m N N M O O O O N O 0 0 0 O O 1f1 ' M N M M M N �1 1A A IA .O .O .O M N N N 2 N N fU v M M M M 0 M U1 U V r d v v v v v v v v u+ n n o .o .o .o .o .o v v v v v N N N N N N N N N M M M M M M M M M N N N N N 4 O O O O O O O O O O O O O O O O O O O O O O O N N ' W x S S S u u U qS p p O. G p ¢O p p p ¢p O W W W W G ¢ ¢ ¢ O O O O O O O O O 0 0 0 0 0 0 0 W. Y OC OC OC OC OC OC W co N N m m m m m m O P Op LA M O mm M A In N N v N . N I ^^� N z \ W N m 8 u u u u u u u u u U u u u u u u u u u u u U u u u S u u u i z Z z u d O p N N N N N N N N N M M M M M M M M M N N N N N N N N N N N N N N N m L d m O� L n m t L m ar u o Qm u L o co d m v d m c o L O r _ d' m L N A 7 m M ^ IA m E N O IA M m m 0 Go d � pppO111 = W FD °m m m N U S Q Q w C C Q C Q 7 01 C_. 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K OC Y Y Y Y Y Z p 0 7 O O O O O W W W W W W W W H x a s Q m Q Q m J 6 0 0 0 N an t 0 0 0 5 0 E U C O O O N O = N O O O O Z N N N N v • M M N M M M N a V M M M d M y v v d M \ N N N N N N N N N N N Q O O O O O O O O O O O N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y ! Y Y Y Y Y Y Y Y Y Y W W W W W W W W W N W W W W W W W W W W W W W W W W W W W W CL K C x CC K W C O: C CC K K C CC CC K OC K. OC CL K K OC OC K 2 W W W W W W W W W W W W OOp H2 ~ W W W W W W W W W H F•� F� ZF 1� H 1� H H O O O� O A r Q Z~ Z~ Z 2 .2 O O O O O O 2 O '2 O 2 O 2 Z 2 2 2 2 O O O O O O p 2 Z z 2 O p2 O O O O s O O O O O O O O Z S Y S S S a S S S Z S S S S S S S S S S S S S S S Y S S z S M A P M_ A_ M M N A r M N •O N N M I/� N N M N •O �O 1O ��pp .O pppp •O pppp •O P O �t W N .p •O A A A 00 00 pp N It O O O O N N M M m CQ P P p O. 0 0 0 0 0 0 0'' f� O h P P P P P P P P P P P P P P P O. P P CO CWO 2 \ WW m U f/� IA 2 1/1 I(1 If1 Ift Vt Z 2 1(1 '2 Z 2? M M M M M u u u Q u U u M 2 u u u 2 0 0 E m • 'o m = Q1 L E Y d N S. S o N Ili L L P O d r T = N m m m _ r =acv �d Co L S 0 N m 0' L o x° ga o o% EEy -3p L P N N F 00 L C 'O CL a O m m m N w^ m O L ^ N O O y d ^ N O \ O O _ � r• 0. Lz z c N ^ , L L m N N U � I0 Y Y _ N 6 O C 00 W t H N m oo Z y O O vp vCC C P p 0 P N W C 7 O m L N ` y SIT r C V CO 2 C Y N •O m •$ L C U L L O J O `O {(� m m m L M 'L 00 �mi r S m m m P N y g a o z m «« N a o o •u^ m •^ �. O y N~ m � d'a 00 W = S S S t N N E N « C L) M w N 7 m AC w O y : W N � �f �t �t O LM O L S' N �. U V C m L g m Y U N m Y m U 7 a o a r •. m o m m t U m L o �' c m N N m m C m N •' Ol H y_ U N x u u O S Q 1– m Q> w 1– O N J C s 2 C O 2 O m fA N S H w O L = « u A to N Y N W W U O OC W J W W W y y 2 m S x x 6 2 2 2 .u. J O O O C w oOC OC W W W W O K m O N .O N P P O M CO CO O N^ M O O r O O N N I� A pmp M v M M M T T T v+ T T \ 6 N N N O O N N M M M M M M M M M M M O O O O O O O O O O O O O O N 4) W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cO Ope O O s oc cc oc apOe oc 0 oc z o: ae ac x ac ar Oe a ac ae ae. opc pop�c poCC pope opc pope pop�c potc apec app<� r Q oOC pOC w 0 O O O O S S S S i S S S S 0 0 0 0 0 0 S S S 'S S 0 0 0 0 S 2 S Z S S S S S W H 10 O N O .O O If1 O N N... w O .D N N 00 O 10 1O .O It N 11'1 6 0 O O N O v N N O It P P P O O O O M M �t O. r �– M^ %Z r N 't 't N N IA d^ U1 1f1 N N V) OM• 0 0 0 ^ — — �– - I � ^ � ' � � 2 \ WW m N O u u u u U U u u u u u u U u u u V V m\ V 2 2 2 2 u IA IA IA Z Z i 2 2 2 Z u U It 2 u u 2 2 2 S. u u U u u 2 u 2 • • N W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oz O O g P ° S Z Z I I I I I= I= I= == E i Z Z F Z Z Z I Z 2 2 2 2 W A a0 1!1 •O M 17 d m O It 10 N N O O r, P M P 1(� Z 2 _ _ C H H N N N N N M N M O N d N m It 17 O r ry N M A � N A 1N MM A N A _ O O O M O D W � — — — — — ^^ -- . — -- — co� P P P 2 \ W N p N N O V V U U U V V U V V V .= V Z V 2 V Li N Z N Z Z d O p M M M M M M M M M M M M M M M M M M M M M M M M M N N N N N N N N L d L 0 'fA L m pa .y N L C m m C m > L m Y O Yp � J y1 Y Yu Q W O 0 o � L � `o Lo �- O O I L I t V_ M L L O L OL A V O v OC ^ O O `NO Y O A A MM d Z I 3 2 •� m Y1 N It N M 2 P 0 m m N m m W A 01 H O Q P L V Y m Y Y D W O O m L O O O m d Y U Y J m V N N Q N •C• .C• N N C m W Q O: V W 7 C_ J C S 2 C O 2 O m N N U S ►• H a w O L = y Y N N Y m W W U W W Y H = W N G 2 o a V w .V 01 09 > N N Y S Z W V 0 W It co It It It N M �t M P O' N P N O W O O O O 0 0 0 0 0 0 O N O O O O r O 2 v M v v M N M N N N LM V1 N N vN1 N M d v v v v M v 1 N N N N N N N Vf 'v '•O N •N1 \ M M M M M M M M M M M M M N N N N N N 6 O O O O O O O O O O O O O O O O O O O O N W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oz O O g P ° S Z Z I I I I I= I= I= == E i Z Z F Z Z Z I Z 2 2 2 2 W A a0 1!1 •O M 17 d m O It 10 N N O O r, P M P 1(� Z 2 _ _ C H H N N N N N M N M O N d N m It 17 O r ry N M A � N A 1N MM A N A _ O O O M O D W � — — — — — ^^ -- . — -- — co� P P P 2 \ W N p N N O V V U U U V V U V V V .= V Z V 2 V Li N Z N Z Z d O p M M M M M M M M M M M M M M M M M M M M M M M M M N N N N N N N N a 4 Vf W O O 0 0 0 0 0 0 0 Og O Og O O O O Ct g g `� `� = 9 m m m 9 CL & && 9 9 6 9 9 m 5 9 9 9 O O� a_ a a_ O_ a_ (/1 W 5 9 o y y y (/� po (pq/l pp f/pl N tlJ N w H 2 N pOp Q 0 2 2 2 2 2 2 2 2 2 2 2 2 2 '2 2 2 w w 0 O 0 0 0 N N Vl N Vl N N M N N O O O O O O O O O O -O 0 0 0 0 0 d W H '7' CD M CD P 07 'r �O P M fU CO M d m O N N M 'i 1t N N N M �t p 10 O `O v v v N^ 111 d ^ ' M N 1/1 ^ Cp P CO CO CO P O M M M P P 2 \ W N pp C 40 M d u in U 2 m U U 2 U 2 U U �t M M 't M M M M M U U 2 u u 2 u u d O O M M M M M M M M M M M M M M M M N N N N N N N N N N N M M M M M M 1 UN C d ). 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S G = N � H CC H W j N W 2 N N= N W W N J Z Y 0 F N J K K N CWA J ¢ = G 7 a x 6 6 s a i W NFn Ln .O P 'O N M ^^ r M P 10 N O N O N O r ^ O O 0 0 0 0 0 7 O N N N �T N �} N M M �t Vf �t mot' A 1/1 Ift IL ut ut v, vt ut ut T T T ut T T T T T Ln .o .O v v v . . \ M M M M M M M M M M M M M M M M M M M M M N N N Q O O O O O O O O O O O O O O O O O O O O O O O O N N W y y y q y yy yq O O O O O O O O O O O O O O 0�[1 0f[1 O O Ot/1 O S Z S N pO ¢ 0 0 0 0 0 0 0 0 Vt0 /A1 0 0 0 0 0 0 y0 r/1 yyO 0 0 0 0 0 rflO��1 VOt/11 y0 f/1 yyO VOy1 0 0 0 0 0 0 0 yOr/1 yyO 0 0 0 0 6¢ W M P M N .O P M %t P .O N O � O .O d' '1 0 0 a a a 't 'f I/f IA 0'� O W N mot' p O � Np et Nf •O ^ O 00 00 00 p y y 2 0 \0 d N pW O V U V U V U V V V 2 V 2 V V V I(1 mot' V V V V V V Yt Yt V V W � 0 • y U) W W L d' S I F F F F I I F F F F Y F F F F Y W Y Y Y F F F F F Y I F F F F J J J J J J J J J J J J J J J J J J r c N d d O d d d d d d d d d d d d d d d d d d d W O f� .} O r 00 N N Ill .O M P O P d y P op N d IA If1 A, �_ 1!1 r Ln O '- �p I O & .0 N N A 0 0 0 N M M Fn G M y I� A A F 00 l0 co CO CO P P P �- I E W P N pp m a U V U V U U U U 0/ O C U L CW v E z F f.i L1 f.] U Y U I i.i U 2 i.i f.i U Li U d 0 p L N N N N N N N N N N N N N N — — .- — — — — — — — — — V O C r d Lp OL M « �m N 7 E v 0 P CL � W W N L 7 y CL t A 0 W L a n � > o a m P L v v m c= E E ate+ O W �m `� uAi a a Q v P P y y a+ U E yc y C O O M r L• L C m c o m W O 2 T NO d 0. G m W T J J y Q N v W Q� u 2 O W 0 VC x C O N P M M a O u y C W u m J V I> w O y m M Q C Q y Q Q D) •7 C N J + C S Z C O W N Z O y x 1- U I- d w O _ G A M y u y M W W W W U x 7 O u pO� O N :3 LAJ I y Z H Z Q y U O c7 2 J y O H S S S U Q U OC W m W O. O I I �- N In P d O O N 7^ 7 .- N 7 M^ v In 7 .p � O Z M_ M O O N N O O O � T .O .O 'O %0 N N M M N • N • N N • N • O • ^^ f 0 N N N N N N N N N N N N N N N N M .t N N N \ N N N N N N N N N N N N N N N. • •. . . Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O y U) W d' S I F F F F I I F F F F Y F F F F Y O Y Y Y F F F F F Y I F F F F J J J J J J J J J J J J J J J J J J N d d d d d d d a S a S d d d d d d d d d d d d d d d d d d d d d W O f� .} O r 00 N N Ill .O M P O P d y P op N d IA If1 A, �_ 1!1 r Ln O '- �p I O & N O O N N M M It It tf� IR O O N N N N N N N N N N N N A 0 0 0 N M M Fn G M y I� A A F 00 l0 co CO CO P P P �- I 2 \ W N pp d U U V U V U U U U Y Z M U U Z G w z F f.i L1 f.] U Y U I i.i U 2 i.i f.i U Li U d 0 p N N N N N N N N N N N N N N N N — — .- — — — — — — — — — A 0 E m a N O M_ d d f/1 L u x x d d a E m y a � L L m L E a a x W M E E o o w m L a �- a n a E t0 fn 0 �t W N m P o Q O � ^ � � N M M N $i a O N 4 N N N 7 C_ J C S 2 C O 2 O 10 N ' u � a w O •L = p� U x 7 O W � a O N � W � x O S S y p W J d a x � m W m m M P O O O IA N N M I 't N 1f1 V1 M tf1 'T 10 Ill N CO Ifl M m G O G O N N M It M It M It M It M It .t It M .O m V1 �o 10 m .p Ln Ln .o N 2 Ln N N N N N N N N N N N N N ]A Ufl N a N N N N N N N N N N N N N M M M M M M M M M M M N N � � .p .p .p \ r N N N N N N N N N N N M M M 6 O O O O O O O O O O O O O O O O co, O O O O O O O O O O O O H d) W x S S x x S x x S S S x x x K p Z J Z Z Z Z Y Z Z Y Y Z I Z '.Y U U U U U U U U U U U U U U w W W J J J J J J J J J J J J J Q Q Q pp p O N Q Q Q Q w Q Q Q Q Q Q Q a d 6 6 Q Q Q Q 6 Q Q Q Q Q Q W W W 'W' W W W W W W W W W W Z Z Y N N N a s a a a a a a a a a a a a a a a a a a a a a a a a O. 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WHEREAS, the Community Development Director has determined that the adoption of this agreement is exempt from city and state EIR guidelines. NOT, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1; The Property Rehabilitation Loan Agreement, attached hereto as Exhibit "B" and incorporated herein by reference between the City and Bank of America is hereby approved and the Mayor is authorized to execute the same. SECTION 2: The City Finance Director is hereby authorized to transfer $50,000 to Bank of America from line account 001- 0104- 008 -119 in accordance with provisions of the attached agreement. SECTION 3: The City Clerk shall furnish a copy of this resolution and a copy of the executed consultant's agreement approved by it to the City Finance Director, Community Development Director and Bank of America. On motion of Councilman Settle seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None RAZL91 Resolution No. 6423 (1988 Series) Page 2 Mayor Ron Dunin ATTEST: Ci Clerk Pamela os Approved City Administrative Officer Ci4Att ey 1ty Finance Director Community Development Director Ile � P� 0 1 2 3 4 5 6 7 8 9 10 V4 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27 28 r AMENDMENT TO PROPERTY REHABILITATION LOAN AGREEMENT THIS AMENDMENT is made by the CITY OF SAN LUIS OBISPO (herein called "City ") and BANK OF AMERICA NATIONAL. TRUST AND SAVINGS ASSOCIATION; a national banking association (herein called "Bank "). RECITALS City and Bank on April 5 1988, entered into a Property Rehabilitation Loan Agreement. City and Bank modify said Agreement as follows: 1. Paragraph_ A of "RECITALS ". Replace the phrase "residential property rehabilitation program" with "Historical Preservation Program" 2. Paragraph B of "RECITALS ". Bank agrees to consider loans on properties with over four units on a case -by -case basis under this Agreement. 3. Paragraph C of_ "RECITALS ". Omit reference to Deferred Payment Loans and the phrase "and other services}. City reouests that Bank only consider Collateralized Loans and Interest Subsidy Loans through the Program. 4. Paragraph 2, Subsection (a) of "DEPOSIT. OF FUNDS ". 01mit the phrase "but may be allocated to grants ". 5. Paragraph 3 of "DEPOSIT OF FUNDS ". Add the sentence "City agrees all interest earnings will be paid to the Warehouse Account_ ". 6. Paragraph 6, Subsection (b). Omit subsection. For loans which involve Bank risk, Bank will review applicant's financial information and determine if there is verifiable income which can be used to repay the Loan. For Deferred Payment Loans, City determines aualified borrower(s). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. "GRANTS" Section. Omit entire section. 8. To meet City's program objectives, City will provide collateral funds or interest subsidy funds on any given loan in. amounts greater than $1,000.00 but not exceeding $20,000.00. 9. All other terms and conditions of the within Agreement are hereby specifically reaffirmed. IN WITNESS WHEREOF, this Agreement is executed by City acting by and through its Mayor 1 ., pursuant to Resolution No. 6423 authorizing such execution, and by Bank. Dated this 5th day of April; 1988. CITY OF SAN.LUIS OBISPO TITLE Mayor Ron. Dunin ATTEST: City Clerk Pam V oes APPROVED AS TO FORM: lty Attorney AMFNDMFNT /0119P/ BANK OF AM ERICA NATIONAL_ TRUST AND SAVINGS ASSOCIATION Christine- P.-Southgate Assistant Vice Presiden Corporate Community Development #3246 Concurred by: —J, e !' a gel e ce� esident Corporate Community Development-#3246 Attached is a true and correct Copy of the original Resolution P16,�U ), � l ty erk Pam Vo s �J PROPERTY REHABILITATION LOAN AGREEMENT THIS AGREEMENT is made by the City of San Luis Obispo, a municipal or political subdivision in the State of California (herein called "City "), and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association (herein called "Bank "). nCrTTAI r A. City has authorized a residential property rehabilitation program (as may be amended and modified from time to time) hereinafter collectively called "Program ". B. As part of City's implementation of Program, City has requested Bank make below- market interest rate property rehabilitation loans ( "Loans" or "Program Loans ") to certain owners or owner - occupants of residential real property (of 1 -4 units) within City and approved by City as recipients of Loans ( "Applicant" or "Applicants "). The purpose of the Loans will be the rehabilitation of said real property in accordance with Program. In addition, City may have requested a choice of several` types of Loans be made available to Applicants. C. To support these objectives; and based on an initial deposit of funds, Bank is willing to provide. City and Applicants with Collateralized Loans, Interest Subsidy Loans, Deferred Payment Loans, and other services at rates and terms not available to the general public or to City independent of this Agreement. NOW, THEREFORE, for and in consideration of the foregoing and the mutual agreements made herein, and for other good and valuable consideration, City and Bank agree as follows: G DEPOSIT Of FUNDS 1. Within ten (10) business days of execution of this agreement, City shall deposit $50,000.00 in funds available to City, as part of this Agreement. 2. City's deposits of funds shall be made in one or a combination of the following forms: (a) A deposit to the Warehouse Account, the funds in which are unallocated to Loans but may be allocated to grants. The Bank shall pay to City interest on the Warehouse Account at the Bank's usual Public Agency intere.st rate (for savings deposits of similar type, maturity, and size), at the time of deposit. (b) The purchase from Bank of time certificate(s) of deposit or other Bank instruments from which all proceeds will be allocated to future Program~ Loans. Bank, at its option, may charge City a service charge for the purchase of certain instruments and /or for the early withdrawal of funds from a time certificate. 3. City retains full access to all deposits which are unallocated to Program Loans. 4. At the time of individual Loan funding, Bank shall have authority to transfer funds from either of the accounts .described in (a) or (b) above - 2 - into a Collateral Account(s) which will be non - interest bearing. City relinquishes the use of and control over the Collateral Account(s). The Collateral Account(s) will be used only for the Loan purpose described in this Agreement. APPLICATION PROCEDURES S. At the request of City, Bank shall consider making Loans to qualified Applicants directed to Bank by City. City shall notify the respective Applicant(s) in writing of any such request it makes to the Bank. The notification shall contain the following statement: "The City of San Luis Obispo has requested Bank of America National Trust and Savings Association, to consider making a specific extension of credit to you." 6. A qualified Applicant shall be identified by City or its agents, using City's established standards, which must consider, without limitation: (a) Applicant is "the owner of record" of the property subject to rehabilitation (if Applicant is a non- owner, Applicant must have a lease on the property-which extends six months beyond the term of the Loan); (b) Applicant has verifiable income(s) which can be used to repay the proposed Loan; (c) City has determined that the proposed Loan, given Program options available, will best serve the rehabilitation needs of Applicant and the Program objectives; - 3 - (d) Refin'ncing is not available under this' program; (e) The balance of all liens against the property to be rehabilitated shall not exceed 90% of Bank's loan value of the property. 7. With respect to each Loan application, City shall furnish to Bank; (a) an introductory letter stating that City desires Bank to consider making a Loan to Applicant; (b) a breakdown of the costs involved in the rehabilitation work to be performed on Applicant's real property; (c) a preliminary working drawing of the rehabilitation work; (d) an estimate of the value of the real property offered as security for the Loan; (e) a copy of any contractor bid accepted by Applicant; (f) a statement that City has satisfied itself with respect to the competence and reliability of the particular contractor who will perform the rehabilitation work; (g) a consent to release Loan - information. 8. for each Loan, Applicant shall furnish to Bank; (a) a copy of signed personal Federal Income Tax Returns for the past two years including all attached schedules; (b) applicant's personal financial statements dated not more than 60 days prior to application date; (c) a signed Fair Lending Notice; (d) a legal description of the Real Estate to be rehabilitated; (e) all information required on Bank's standard loan application form. - 4 - (f) if ap icant is a non - owner /leaseholder on the property to be rehabilitated., a copy of the lease which must extend six months beyond the term of the Loan. CREDIT DECISION 9. Bank shall perform its customary credit evaluation with respect to the Applicant, render its judgment with respect to the creditworthiness of the Applicant, and furnish to City a recommendation whether to proceed with the Loan. City's employees shall not express opinions to Applicants as to whether a Loan will be approved. Bank will determine the appropriate Loan terms on each individual Loan. COLLATERALIZED LOANS: TERMS AND CONDITIONS 10. If Bank approves a Loan, Bank will indicate to City which of the following Loans the Bank is willing to originate: I (a) a 100% Collateralized (0% Bank risk) Loan at a .3.00% interest rate. — 5 — rate; (b) a 90% Collateralized (10t Bank risk) Loan at a 3.75% interest rate; (c) a 70% Collateralized (307 Bank risk) Loan at a 5.50% interest rate; (d) a 50% Collateralized (50% Bank risk) Loan at a 7.00% interest rate; (e) a 30% Collateralized (70% Bank risk) Loan at a 8.75% interest rate. — 5 — 11. If Bank does approve a Loan, City may recommend that the Bank proceed with the Loan as a Deferred Payment Loan at an interest rate established by City. 12. All Loans shall be documented using the Bank's standard forms. 13. In addition to the cash collateral as described above, the installment note shall be secured by a deed of trust covering the real property that is the subject for the rehabilitation for which the proceeds of the Loan are to be used. 14. The term of each Loan shall be determined by Bank but shall not exceed fifteen (15) years, and the installment note shall be amortized in equal monthly installments over its term. Interest will be calculated on a simple interest basis for the installment note and payable to the Bank. 15. Each Loan shall be supported by a deposit to the Collateral Account in the amount equal to the collateral - requirement for that Loan. Once the note and deed of trust are signed by the Applicant and the non— recission form is returned, the Bank will transfer the collateral for that Loan from the Warehouse Account to the Collateral Account. Within five (5) business . days after the end of each quarter, Bank shall remit to City the amount by which the Collateral Account exceeds the collateral requirements for each, Loan based upon the outstanding balance of each Loan. funds that Bank thus remits to City shall be deemed funds that have been on deposit in the Collateral Account for at least 30 days. If, due to defaulted Loans, the collateral account balance is less than the collateral requirements of outstanding Loans, Bank may transfer from the Warehouse account to the Collateral Account, sufficient funds to cover the deficit. — 6 — 16. If progress payments are requested by City, Bank may, at its option, disburse entire Loan proceeds to an escrow account, to be established with an agency, named or appointed by City. Any fee for services rendered may be part of Loan proceeds. 17. If a Loan remains in default for a continuous period of ninety (90) days on account of nonpayment of any sum of money due pursuant to the terms thereof or of any instrument or document related thereto, Bank may withdraw from the Collateral Account and pay to itself an amount equal to the then outstanding principal balance of the Loan multiplied by the same percentage as the percentage of the Loan amount that was deposited to the Collateral Account, plus 100% of accrued unpaid interest on the Loan through the 90th day of default. Bank shall have no recourse against City or the Collateral Account for any amounts in excess of those permitted under this paragraph. During any ninety (90) day default period, Bank shall perform its customary collection procedures with respect to the Loan. After a withdrawal from the Collateral Account, in the case of a Loan for which the deposit to the Colalateral Account was less than 100% of the Loan amount: (a) Bank need not assign the deed of trust to City upon completion of the withdrawal but may, for its own account, exercise rights under the deed of trust to recover the remaining outstanding and unpaid principal of the Loan plus accrued unpaid interest thereon after the 90th day of default. (b) At City's election, if Bank does not exercise its rights under- the deed of trust, Bank shall assign to City such rights as may be necessary for City to attempt to recoup any funds - 7 - n withdrawn from the Collateral Account)in connection with any Loan default. City agrees to recoup funds, as much as possible, for the benefit of Bank as well as itself. funds recovered shall be credited as follows: (1) to withdrawals from the Collateral Account.; (2) to the costs of recovery; (3) to Bank's Loan charge -off. 18. If Bank subsequently recovers funds with respect to a defaulted Loan (as, for example, but without limitation, if a voluntary sale of the property takes place), Bank shall,, after deducting the previously unreimbursed percentage of Loan loss to which Bank is entitled plus Bank's cost of recovery, return and pay over to City all surplus amounts. INTEREST SUBSIDY LOANS 19. Interest Subsidy Loans will be made only to applicants deemed creditworthy by Bank. Applicants wiH -be subject to standard Bank credit . criteria governing term loans to business. Bank will bear a]1 of the credit risk for such Loans, which will be and remain assets of Bank. 20. the term of an Interest Subsidy Loan, and the Loan terms other than interest rate, will be the same as those applicable to Bank's conventional term loan to business, and will be documented using Bank's standard forms. The Loans will contain due -on -sale clauses, and, to the extent permitted by law, Bank will not permit a Loan to be assumed. The Loans will not contain provisions for a prepayment charge.. 21. The interest rate for an Interest Suosidy will be designated by City. - 8 - 22. At origination of a Loan, Bank will transer an interest subsidy payment from the Warehouse Account into an account designated the Interest Subsidy Account. Funds transferred to the Interest Subsidy Account are irrevocably committed to interest subsidy payments for Interest Subsidy Loans. City relinquishes all use.and control of funds in the account. 23. The. amount of the interest subsidy for a particular Loan will be determined by Bank using its Community Development Interest Subsidy Formula.. This formula calculates the subsidy amount required to recover the cost to Bank of the difference between -Bank's current market rate for a conventional term loan to business at the time the Loan is made, and the interest rate charged to the applicant. 24. In the event of prepayment of an Interest Subsidy Loan, Bank will calculate the amount of unused Interest Subsidy for the period that begins 90 days after the date of prepayment and ends on the maturity date of the Loan. Bank will remit that amount to the Warehouse Account. J .1 25. In the event an Interest Subsidy Loan remains in default for a continuous period of ninety (90) days on account of non— payment of any sum of money due pursuant to the terms of the Note or the Deed of Trust, Bank will continue to debit the Interest Subsidy Account for the monthly interest subsidy payment due through the completion of foreclosure. Upon completion of the foreclosure, Bank will calculate the amount of unused Interest Subsidy for the period that begins on the date of completion of foreclosure and ends on the maturity date of the Loan. Bank will remit that amount to the Warehouse Account. C DEFERRED PAYMENT LOANS 26. Deferred Payment Loans are Loans funded by the City with no immediate repayment schedule. At City's request, Bank shall prepare all necessary loan documents for Deferred Payment Loans with City designated as obligee and return all documents to City. 27. Each Deferred Payment Loan shall be funded in whole by City, evidenced by a promissory note and secured by a Deed of Trust, which deed will be recorded by Bank. 28. Unless indicated otherwise by City, Deferred Payment Loans shall be at 0% interest. 29. Prior to the making of the first Deferred Payment.Loan, under this or any prior agreement, City shall furnish to Bank: (a) a written description of, the established rates and terms for its Deferred Payment Loans; (b) a letter stating that City has delivered this information to the Bank's Corporate Community Development Department #3246. 30. Promptly upon assignment to City, City shall pay to Bank a fee of ONE HUNDRED DOLLARS ($100.00). Bank will collect from Appiican-L ac uai out -of- pocket fees or charges including property appraisal, title company, and recording fees, as required to originate. City's Deferred Payment Loan; these fees may be included in the Loan proceeds. t� 31. Upon assignment 0 of•t.he Deferred Payment Loan City, Bank shall have no responsibility whatsoever for said Loan, except if requested by City, Bank will provide installment collection services for any Deferred Payment Loan at Bank's prevailing rate for such services. 32. For Deferred Payment Loans, City authorizes Bank to make disbursement(s) by Cashier's check to Applicant(s) or, if requested by City, to City, from the Warehouse Account. I.f progress payments are requested by City, Bank may disburse entire Loan proceeds to an escrow account, to be established with an agency, named or appointed by City. Any fee for services rendered may be part of Loan proceeds. GRANTS 33. Upon City's request, Bank will disburse funds from the Warehouse account by Cashier's checks to Applicant's designated by City as "Grant Recipient(s) ". Bank retains the option of charging a fee for this service. a. OTHER ALLOWABLE FEES AND CHARGES 34. With respect to any Loan, Bank shall, at its option, recover from the Applicant the following out -of- pocket expenses: (a) Credit report; (b) Appraisal reports (required on any Loan involving Bank risk); (c) Title report and title insurance, if required by the Bank; (d) Recording of deed and other lien costs; (e) Tax and lien service... 35. Out of pock- expenses expenses charged to applicants may be financed as part of the Loan proceeds, or at City's option,. may be paid by City. 36. Applicant will pay a late fee at the. Bank's prevailing rate for late payments (currently minimum charge of $5.00 and a maximum charge of $15.00 for any payment not received by Bank within 10 days of when it is due). GENERAL PROVISIONS 37. On City's request, Bank shall, for its customary fees, accept for collection purposes, pursuant to Bank's then current installment collection procedures, a Program Loan that has been transferred to City. 38. Bank covenants and agrees that nothing in this Agreement or any agreement made pursuant hereto shall be deemed or construed by Bank to make City a surety or guarantor of any Loan, and that Bank's rights with respect to a Collateralized Loan shall be limited to those set forth in this Agreement. 1 - 39. City and Bank shall comply with all applicable statutes and regulations, including without limitation, where applicable., the Federal Truth in Lending Act and Regulation Z thereto, the Consumer Credit Reporting Act, and the Equal Credit Opportunity Act and Regulation B. 40. Except as specifically required by this Agreement, City waives any right it may have to require Bank to: (a) proceed against any Applicant or other person; (b) proceed against or exhaust any collateral for the relevant Loan; or - 12 - 1� (c) pursue any other remedy in Bank's power.- 41. City waives any defense arising by reason of any disability or other defense of Applicant or any other person, or by reason of the cessation from any cause whatsoever, other than full payment, of the liability of an Applicant or any other person. 42. Bank and City acknowledge the "Special Purpose" nature of the Program and Program Loans. To serve this "Special Purpose," a Loan shall be considered in default after the date of a transfer of the property covered by deed of trust executed under this agreement; which, according to the provisions of the note, make the entire principal and interest of the note due and payable, regardless of Bank's ability or inability to enforce those.provisions of the note. 43. This Agreement shall terminate one year from the date of execution. This Agreement may be terminated by either of the parties hereto, provided written notice of intent is given to -the other party at least sixty (60) days prior to the termination date. 44. Any termination of this Agreement shall not affect Program Loans outstanding at the time of termination. 45. At termination, Bank shall retain the Collateral Account including funds sufficient to cover 90 days accrued interest on outstanding Loans; once outstanding Loans are fully paid, the residual funds in the Collateral Account will be refunded to City. If, at the time of �M termination, the Collateral Account funds exceed the specified percentages of the. unpaid balances of Collateralized Loans, Bank will remit those funds to City within five (D business days of the termination date. 46. Any communications between the parties hereto may be given by mailing the same, postage prepaid, to Bank at its Corporate Community Development Department, (13246, P.O. Box 37000, San Francisco, California, 94137, and to City at City of San Luis Obispo, 990 Palm Street, P.O. Box 81.00, San Luis Obispo, CA 93403 -8100. 47. This Agreement and any agreement, document, or instrument attached hereto or referred .to herein embody all terms and conditions mentioned herein or incidental hereto, and supersede all oral negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, and provisions of this Agreement and any prior agreement, document, or instrument, in respect to the subject matter hereof, the terms, conditions, and provisions of this Agreement shall prevail. _ 48. City shall indemnify and hold harmless Bank against all claims and damages., alleged or otherwise, of whatsoever nature arising out of or in any way connected with the acts or omissions of any contractor performing rehabilitation work in connection with this Agreement; provided, however, that City's obligations under this paragraph shall not extend to negiigent or wilful acts or omissions by Bank. All contractors shall operate as independent contractors and nothing herein is intended to affect such independent contractor status. - 14 - 49. Bank, at its option, may decline to make additional Loans from and after the date if and when the principal balance of all Loans outstanding has exceeded ONE HUNDRED THOUSAND DOLLARS ($100,000.00). 50. Each Applicant shall be required to maintain a standard policy of hazard insurance covering the real property upon which the rehabilitation work is to be performed, in effect while any part of the Loan remains outstanding and which names Bank and City as loss payee. 51. The Collateralized Loans described in this Agreement, are priced on an average Loan size of $10,000.00 which provides City favorable rates and terms based on this average loan amount. Since operating costs associated with a smaller average loan size are significantly greater, if the average Loan size is not maintained, Bank may make adjustments affecting the pricing of future activity as follows: (a)_ increase borrower interest rates for new Loans; (b) increase collateral requir -eme -nts for new Loans; or (c) assess an origination fee for new Loans. These options are to be negotiated and mutually accepted by Bank and City. 52. This Agreement may be executed in as many counterparts as may be deemed convenient, each of which, when executed, shall be deemed an original. 53. The terms and operating aspects of this Agreement may be altered from time to time through a letter of understanding, accepted mutually by City and the Bank through its Corporate Community Development Department. - 15 - C • IN WITNESS WHEREOF, this Agreement is executed by City acting by and through its Mayor I pursuant to Resolution No. 6423 authorizing such execution, and by Bank. Dated this 5th day of April, 1988. CITY OF SAN LUIS OBISPO BY TITLE Mayor Ron Dunin ATTEST: 2 u City qerk Pam Vog I - % APPROVED AS TO FORM: City Att �ney / FINAL /0119P/12/2/87/CP:CI - 16 - BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION BY l I � ; I �� l Christine P. Southgate,/ Assistant Vice President Corporate Community Development #3246 Concurred bye Jame, S. 14agele President Corporate Community Development #3246 Attached is a true and correct Copy of the original Resolution C�itjN,Clerk Pam Vo s 31 r.,`' s RESOLUTION NO. 64211988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING HISTORICAL PRESERVATION FINANCIAL ASSISTANCE GUIDELINES WHEREAS, on February 3, 1987, the City Council adopted Historical Preservation Guidelines that call for the creation of a rehabilitation assistance program (Resolution 6158); and WHEREAS, the Cultural Heritage Committee has worked with staff to prepare administrative guidelines for providing financial assistance to the owners of historic residential buildings; and WHEREAS, the Community Development Director has determined that the adoption of these guideline is exempt from city and state EIR guidelines. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: The Historical Preservation Financial Assistance Guidelines, attached Hereto as Exhibit "A" and incorporated by reference, are hereby adopted. SECTION 2: The Community Development Department shall publish these guidelines and make them available to the public. On motion of Councilman Settle and on the following role call vote: seconded by Councilwoman Pinard AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted on this 5th day of April , 1988. ATTEST 7, ®�s�G a ■��o�. Mayor :Ron Dunin C y Clerk Pame Voges R6422 Resolution No. 6422 Page 2 (1988 Series) ssssm Approved: City A ministrative Officer City At ney Community Development Director r l jilllll 'i II 11 - 1, �Ilivar�1�d641.1�,1i 1111111 -.-. —. •I. -_UI I - .. ifill��`� I,��II �m t __ f lr� II Inlllil� I � IIII;''�lh�r� iOIR� I � ��o► � �li�l� If Illllaillll �•�,. 1/ I ,It��u'I :111:!1111 L ' I � 1 .'ll� � i � in�ar� II ; 1 1,:11 , • I ��•. I� y I I I d� I i l ......•..,L.. .1111 I!Ilf,... C 0 AN INVITATION TO PARTICIPATE... To Owners of Historic Residential Properties: The San Luis Obispo City Council feels that the preservation of historic homes helps to maintain the quality of life in our community. Historic buildings are an important part San Luis Obispo's heritage. They are living reminders of where we've been, help define our local culture, and are assets to the community. But as buildings get older they require more repairs -- sometimes significant structural repairs - to preserve them for future generations to enjoy. To help with the cost of restoring historic houses, the city has created this financial assistance program described in the following pages. You may be eligible to take advantage of the help the city is offering. If after reading this booklet you have any questions about the program, feel free to contact the San Luis Obispo Community Development Department at (805) 549 -7170 for assistance. Ron Dunin, Mayor Penny Rappa Peg Pinard Allen Settle Jerry :Reiss HISTORICAL PRESERVATION FINANCIAL ASSISTANCE GUIDELINES PREFACE A. Eligibility Requirements 1. Eligible Applicants 2. Eligible Properties 3. Eligible Activities B. General Terms of Assistance 1. Maximum and minimum amounts of City support 2. Frequency of City support 3. Interest rates C. Preparing the Assistance Application 1. Where to get application materials 2. Content of Application a. Architectural plans and specifications b. Itemized cost estimate c. Proof of ownership D. City Action on Assistance Annlication 1. Where and when to apply 2. Application approval 3. Funding limitations and priorities 4. Other city approvals E. Loan Approval by the Bank F. Other City Assistance APPENDIX A. Listing of Eligible Properties B. Loan Application Form 0 Preface 41 The City of San Luis Obispo supports the preservation of historic residential buildings and has created a financial assistance program to help property owners with the cost of restoring them. This program is administered by .the Community Development. Department and the Cultural Heritage Committee (CHC). The following sections explain how the program works -- who can apply and what types of projects are eligible for assistance. For more information, contact the San Luis Obispo Community Development Department at (805) 549 -7170. A. Elieibility Requirements 1. Eligible AnDlicants. To apply for assistance, a person must own the property to be restored or have notarized authorization from the property owner to submit an application. 2. Eligible Properties. To be eligible for assistance, the residential building to be restored must be: (a) included on the "Master List of Historical Resources; or (b) listed as a "contributing" building within a Historical Preservation (H) District. Appendix A at the end of these guidelines includes these two address listings. 3. Eligible Activities. Eligible activities are divided into two groups: a. First Priority Activities are those needed to stabilize the structure and avoid demolition and include: Repairing an existing foundation or installing a new one. Repairing or replacing major structural elements of the building such as walls or floor systems to meet code requirements. Repairing or replacing the roof system (including sheathing and rafters). Repairing significant termite, dry rot, water or fire damage to structural elements. b. Second Priority Activities are those primarily needed to improve the architectural or aesthetic character of the building and include: Replacing or restoring window and door framing and sash work. Replacing or restoring exterior wall covering. Replacing or restoring trim, gutters and other architectural features of historical value. Replacing roof covering. -1- C • City funds can support the cost of materials for eligible restoration work. Materials costs include the cost of the product (eg. wood siding, concreate, nails, insulation,) and its delivery to the site. City funding support cannot be for any permit or license fees associated with the restoration work. 4. Ineligible Activities. City financial support will not cover the following activities: Routine maintenance activities (such as minor exterior repairs, repainting when not associated with other eligible restoration work, or landscaping). Constructing additions that increase the building's original floor area. Restoring additions or architectural appurtenances that were not part of the original structure and are not historically important in their own right. Remodeling or restoring the interior of the building. For questions about eligible activities, contact the Community Development. Department. B. General Terms City Assistance. 1. Maximum and Minimum Amount of City Support. City funds are either (a) used as collateral to guarantee low- interest loans approved by the Bank of America; or (b) used to subsidize market rate loans authorized by the bank and reduce interest rates to below market levels. The city's financial support will cover one hundred percent of the documented materials cost of eligible activities not to exceed $20,000. Consistent with this formula, the city will not consider assistance requests for less than $1,000. Based on its review of a particular assistance application, the City Council, with advice from the Cultural Heritage Committee, may authorize up to the maximum amount of city assistance consistent with this formula. 2. Interest Rates. The city has signed an agreement with The Bank of America to establish and administer this assistance program. Based on the applicants financial standing, value of the property and ownership equity, the Bank will establish an appropriate below market interest rate that is generally between 1/3 and 1/2 the rate for conventional home improvement loans offered by the bank. For interest subsidy loans authorized by the bank, the City Council, with advice from the Cultural Heritage Committee, will establish an appropriate below market interest. rate. -2- C. Preparing the Application for Assistance 1. Where to Get Application Materials. Telephone or visit the Community Development Department (805) 549 -7170 to receive application materials. 2. Content of Application. Appendix B at the end of this booklet includes a copy of the city application form that must be completed and submitted to the Community Development Department along with the following: a. Architectural Plans and Specifications. A schematic site plan must be submitted with all applications. The site plan should show dimensioned property lines, the location of all existing buildings, points of access, circulation, parking areas, basic treatment of landscaped areas, and the location of the nearest structures on adjacent property. Color photographs of the structure to be restored and its relationship to adjacent structures are also required. For exterior restoration projects, the following materials must also be submitted: (1) Elevation drawings of building sides showing the exterior treatment and depicting all proposed modifications. (2) Information that describes the proposed building materials. (3) Samples of the materials to be used for all exterior work. For foundation reconstruction projects or other structural work, schematic engineering drawings must be submitted. b. An Itemized Cost Estimate for all restoration work to be supported by this assistance program. For more complex projects involving Priority #1 activities previously described, the city may require that materials cost estimates be prepared by a licensed architect, engineer or contractor. The owner or, when required, the architect, engineer or contractor must certify that the materials cost estimates are accurate and complete. c. Proof of Ownership. The applicant shall submit proof of ownership of the property to be restored or a notarized statement from the owner(s) of the property authorizing the submittal of an application. Some of these submittal requirements may be waived when the Community Development Director determines that they are not needed to understnd the proposed restoration work or its impact on surrounding areas. D. City Action on Assistance Applications 1. .Where and When to Apply. The Community Development Department will accept applications beginning July 1, 1988 and ending September 1, 1988 (for exception see paragraph 3b): The CHC will evaluate all applications and forward recommendations for financial assistance to the City Council. The City Council should take final action on applications within 60 to 90 days of the close of the application period. For a precise action date, contact the Community Development Department. -3- 2. Annlication Approval. The City Council may approve or deny an application. When acting on an application, the CHC and City Council will: a. identify all activities eligible for city assistance and determine the maximum amount of city funding support. b. review and approve all proposed exterior or structural restoration work. As a condition of receiving city financial assistance, the CHC may require the applicant to amend the design of proposed improvements to better reflect or enhance the original architectural style and historical character of the building. Any revisions . required by the CHC must be incorporated into the restoration plans and be approved by the Community Development Director before final approval of the application is granted., The City Council's approval of an application expires in ten months if the applicant fails to receive all approvals and permits and begin construction of restoration improvements. The Community Development Director may grant one 180 -day extension. 3. Funding Limitations and Priorities. The City Council, with advice from the CHC, may approve applications only when there is enough money in the city's restoration fund to cover total assistance commitments (including any outstanding approvals). For information about the availability of funds, contact the Community Development Department at (805) 549 -7170. a. In the event that total requests exceed the amount of money in the city's restoration fund, the CHC will rank all applications and may authorize assistance for the top ranking projects. (Notwithstanding the following provisions, owner occupied properties will be given a higher funding priority than rental properties.) The following priorities will help the CHC rank applications: First priority: the funding of first priority activities involving residential building included on the Master List of Historical Resources. Second Priority: the funding of first priority activities of "contributing' residential buildings within a Historical Preservation District. Third priority: the funding of second priority activities involving residential buildings included on the Master List of Historical Resources. Fourth Priority: the funding of second priority activities of "contributing — residential buildings within a Historical Preservation District. The pertinent listings of historical buildings is included in Appendix A of these guidelines. The CHC may establish other criteria for ranking projects within these four priority groups when there is not enough money to fund all assistance requests. b. If by the end of the initial application deadline, the Community Development Department has not received applications that cumulatively exceed the available funding, then the CHC may establish and advertise a second application period to utilize uncommitted funding. -4- G • 4. Other City Aobrovals: Some restoration projects may also require the approval of the Architectural Review Commission, the Community Development Director or the Planning Commission. In these circumstances, the applicant must receive all other approvals before the City Council can grant final approval of an assistance application. Restoration projects will require a building permit before construction can begin. All work must comply with the city's construction regulations. The city has adopted the State Historic Building Code that provides some flexibility in meeting standard code requirements. For more information about construction regulations and building permits, contact the Building Division at (805) 549 -7180. E. Loan Approval By the Bank. The city's action on an application is the first of two steps in securing financial support from the city. Applicants must file standard home improvement loan applications with the Bank of America at 1105 Higuera Street, San Luis Obispo, 93401 along with all required support information. The bank has full authority to approve or deny a loan application and to set terms and conditions. The bank will be responsible for determining the financial eligibility of applicants. All loan payments are made to the bank. Under the conditions of this program, the Bank will not approve a restoration loan unless it receives a signed resolution from the Cultural Heritage Committee authorizing city financial support. F. Other City Assistance The Cultural Heritage Committee is available to talk with people interested in restoring historic buildings. The CHC can provide information and advice on how to design a restoration project. The city's historic preservation library located in the Community Development Department also contains information about older buildings in the city. If you want to talk to the CHC about your restoration ideas, contact the Community Development Department. -5- C, APPENDIX A. Lists of eligible residential properties B. Assistance Application Form. o -� Cl i APPENDIX A 1. RESIDENTIAL PROPERTIES ON MASTER LIST OF HISTORICAL RESOURCES ADDRESS SERIAL NO. ASSESSOR 1451 ANDREWS 148 BROAD 963 BROAD 1345 BROAD 1405 BROAD 1426 BROAD 1435 BROAD 1445 BROAD 1504 BROAD 1510 BROAD 1516 BROAD 1530 BROAD 714 BUCHON 726 BUCHON 743 BUCHON 745 BUCHON 751 BUCHON 752 BUCHON 771 BUCHON 779 BUCHON 785 BUCHON 793 BUCHON 794 BUCHON 850 BUCHON 860 BUCHON 890 BUCHON 896 BUCHON 868 CHORRO 964 CHORRO 1306 CHORRO 1318 CHORRO 1518 CHORRO 1546 CHORRO 1746 CHORRO 1907 CHORRO 466 DANA 532 DANA 550 DANA 1212 GARDEN 2132 HARRIS 461 ISLAY 463 ISLAY 497 ISLAY 535 ISLAY 591 ISLAY 644 ISLAY 670 ISLAY 681 ISLAY 690 ISLAY 790 ISLAY 1 -03R 2 -04R 3 -04R 4 -04R 5 —04R 6 -04R 7 -04R 8 -04R 9 -03R 10 -04R 11 -04R 12 -04R 13 -01R 14 -04R 15 -04R 16 -04R 17 -04R 18 -04R 19 -04R 20 -04R 21 -04R 22 -03R 23 -03R 24 -04R 25 -04R 26 -04R 27 -04R 28 -03R 29 -03R 30 -05R 31 -04R 32 -03R 33 -04R 34 -05R 35 -05R 36 -03R 37 -04R 38 -04R 39 -04R 40 -04R 41 -04R' 42 -05R 43 -051 44.041 45t-05R 440058 47`04R 48�03R 4904$ 50�04R 01- 270 -01 01- 014 =14 02- 412 -09 03- 522 -14 03- 531 -12 03- 533 -07 03- 531 -16 03- 531 -17 03- 534 -01 03- 534 -02 03- 534 -03 03- 534 -04 03- 533 -08 03_- 533 -10 03- 534 -16 03= 534 -17 03- 534 -09 03- 533 =14 03- 536 -01 03---536"03 03- 536 -04 03- 536 -05 03- 535 -07 03- 537 -23 03- 537 -09 03- 537 -12 03 537 -13 02- 415 -04 02- 416 -26 03 -- 528 -22 03- 528 -03 03- 538 -02 03- 538 -05 03- 638 -11 03- 644 -06 02- 401 -02 02- 401 -15 02- 401 -07 03- 525 -02 03- 136 -16 03- 622 -06 03- 622 -07 03- 622 -09 03- 624 -01 03= 624 -06 030533 -19 034b532 -14 03431 -06 03 -SU -17 0�•536�09 C • ADDRESS SERIAL NO. ASSESSOR 777 JOHNSON 51 -05R 01- 212 -20 1720 JOHNSON 52 -03R 03- 566 -22 1019 LEFF 53 -04R 03- 554 =02 536 MARSH 54 -03R 03- 511 -22 547 MARSH 55 -04R 03- 514 -15 1117 MARSH 56 -04R 02- 445 -03 1129 MARSH 57 -04R 02- 445 -04 1135 MARSH 58 -04R 02- 445 -04 1141 MARSH 59 -04R 02- 445 -04 1145 MARSH 60 -04R 02- 445 -04 1167 MARSH 61 -05R 02- 445 -09 1305 MARSH 62 -05R 02- 342 -22 1266 MILL 63 -04R 01- 212 -20 1306 MILL 64 -04R 01- 214 -04 1330 MILL 65 -05R 01- 214 -06 1424 MILL 66 -05R 01- 133 -15 1460 MILL 67 -04R 01- 133 -11 642 MONTEREY 68 -03R 02- 412 -13 664 MONTEREY 69 -04R 02- 412 -15 747 MONTEREY 70 -03R 02- 423 -06 1406 MORRO 71 -04R 03- 541 -17 1624 MORRO 72 -04R 03- 551 -04 1636 MORRO 73 -04R 03- 551 -04 1642 MORRO 74 -04R 03- 551 -04 1204 NIPOMO 75 -05R 03- 521 -01 1407 NIPOMO 16 -04R 03- 615 -04 1428 NIPOMO 77 -05R 03- 531 -06 1446 NIPOMO 78 -05R 03- 531 -08 890 OSOS 79 -04R 02- 323 -12 1443 OSOS 80 -03R 03- 541 -13 1700 OSOS 81 -05R 03- 554 -01 1716 OSOS 82 -04R 03- 554 -03 1185 PACIFIC 83 -03R 02- 446 -23 1144 PALM 84 -03R 02- 325 -10 1305 PALM 85 -05R 01- 224 -01 1314 PALM 86 -051t 01- 223 -08 71 PALOMAR 87 -05R 52- 162 -07 1127 PEACH 88 -05R 02- 316 -04 1128 PEACH 89 -04R 02- 315 -11 559 PISMO 90 -03R 03- 615 -15 649 PISMO 91 -03R 03- 531 -02 671 PISMO 92 -05R 03- 531 -05 676 PISMO 93 -64R 03- 522 -11 1116 PISMO 94 -04R 02- 446 -19 1123 PISMO 95 -05R 03- 5.45 -03 1703 SAN'T'A BARBARA 96 -05R 03- 552 -06 1445.SANTA ROSA 97 -04R 03- 543 -01. 1531 SANTA'ROSA 98 -05R 03- 544 -17 843`UPHAM 99 -05R 03- 647 -01. 1017 MONTEREY 1521 OSOS 1156 PEACH 1504 SANTA ROSA 1023 MONTEREY 1522 OSOS 1163 PEACH 1512 SANTA ROSH 1025 MONTEREY 1526 OSOS 1168 PEACH 1515 SANTA ROSA 879 MORRO 1529 OSOS 1206 PEACH 1520 SANTA ROSA 881 MORRO 1533 OSOS 1209 PEACH 1521 SANTA ROSA 883 MORRO 1534 OSOS 1215 PEACH 1530 SANTA ROSA 1009 MORRO 1541 OSOS 861 PEPPER 1606 SANTA ROSA 1336 MORRO 1542 OSOS 571 PISMO 1617 SANTA ROSA 1346 MORRO 1609 OSOS 657 PISMO 1624 SANTA ROSA 1415 MORRO 1638 OSOS 663 PISMO 1627 SANTA ROSA 1415 MORRO 1640 OSOS 683 PISMO 1633 SANTA ROSA 1428 MORRO 1641 OSOS 729 PISMO 1705 SANTA ROSA 1436 MORRO 1724 OSOS 954 PISMO 1707 SANTA ROSA 1444 MORRO 1734 0505 956 PISMO 1720 SANTA ROSA 1511 MORRO 1740 OSOS 958 PISMO 1728 SANTA ROSA 1512 MORRO 1750 OSOS 960 PISMO 1730 SANTA ROSA 1520 MORRO 1804 OSOS 969 PISMO 1731 SANTA ROSA 1527 MORRO 1814 OSOS 977 PISMO 675 TORO 1528 MORRO 682 PALM 979 PISMO 762 TORO 1535 MORRO 752 PALM 985 PISMO 770 TORO 1536 MORRO 756 PALM 985 PISMO 771 TORO 1543 MORRO 776 PALM 1020 PISMO 778 TORO 1544 MORRO 778 PALM 1028 PISMO 780 TORO 1604 MORRO 798 PALM 1036 PISMO 855 TORO 1615 MORRO 811 PALM 1042 PISMO 858 TORO 1720 MORRO 815 PALM 1050 PISMO 862 TORO 1727 MORRO 861 PALM 1060 PISMO 865 TORO 1729 MORRO 1014 PALM 1068 PISMO 872 TORO 1731 MORRO 1020 PALM 1109 PISMO 898 TORO 1814 MORRO 1201 PALM 1126 PISMO 1423 TORO 1821 MORRO 1208 PALM 1133 PISMO 875 UPHAM 1829 MORRO 1228 PALN 1145 PISMO 1845 MORRO 1236 PALM 1147 PISMO 970 NIPOMO 1243 PALM 1152 PISMO 972 NIPOMO 1250 PALM 1155 PISMO 1415 NIPOMO 1259 PALM 1160 PISMO 1429 NIPOMO 1264 PALM 1163 PISMO 1438 NIPOMO 1269 PALM 1166 PISMO 1516 NIPOMO 1270 PALM 1171 PISMO 1519 NIPOMO 1317 PALM 1176 PISMO 1527 NIPONO 1320 PALM 1179 PISMO 1535 NIPOMO 1344 PALM 1185 PISMO 1541 N[POMO 1347 PALM 1190 PISMO 1050 OSOS 1352 PALM 1193 PISMO 1060 OSOS 1355 PALM 1020 RAILROAD 1341 OSOS 1359 PALM 1717 SANTA BARBARA 1.350 OSOS 1365 PALM 1725 SANTA BARBARA 1419 OSOS 1390 PALM 1749 SANTA BARBARA 1421 OSOS _ 1134 PEACH _ 1763 SANTA BARBARA 1423 OSOS 1137 PEACH 1789 SANTA BARBARA 1429 OSOS 1143 PEACH ., 1901 SANTA BARBARA 1511 OSOS 1151 PEACH 1414 SANTA ROSH' 1514 OSOS 1154 PEACH 1426 SANTA ROSA C 2. CONTRIBUTING RESIDENTIAL PROPERTIES WITHIN HISTORICAL DISTRICTS 1428 BEACH 1132 BUCHON 585 DANA 559 ISLAY 1051 LEFF 1520 BEACH 1135 BUCHON 595 DANA 572 ISLAY 1059 LEFF 1019 BROAD 1137 BUCHON 1110 GARDEN 654 ISLAY 742 MARSH 1021 BROAD 1144 BUCHON 1112 GARDEN 655 ISLAY 778 MARSH 1023 BROAD 1145 BUCHON 1114 GARDEN 662 ISLAY 1162 MILL 1115 BROAD 1151 BUCNON 1120 GARDEN 663 ISLAY 1165 MILL 1117 BROAD 1152 BUCHON 1408 GARDEN 675 ISLAY 1168 MILL 1408 BROAD 1157 SUCNOM 1421 GARDEN 676 ISLAY 1202 MILL 1418 BROAD 1160 BUCHON 1425 GARDEN 727 ISLAY 1214 MILL 1421 BROAD 1165 SUCNON 1536 GARDEN 744 ISLAY 1217 MILL 1427 BROAD. 1170 BUCHON 673 HIGUERA 752 ISLAY 1228 MILL 1505 BROAD 1175 BUCHON 675 HIGUERA 753 ISLAY 1234 MILL 1511 BROAD 1176 BUCHON 685 HIGUERA 770 ISLAY 1237 MILL 1519 BROAD 1182 BUCHON 686 HIGUERA 827 ISLAY 1244 MILL 1536 BROAD 1189 BUCHON 695 HIGUERA. 862 ISLAY 1253 MILL 530 SUCHON 1190 BUCHON 697 HIGUERA 868 ISLAY 1261 RILL 533 BUCHON 940 CNORRO 698 HIGUERA 878 ISLAY 1262 MILL 540 SUCHON 942 CHORRO 699 HIGUERA 879 ISLAY 1265 MILL 541 BUCHON 950 CHORRO 705 HIGUERA 893 ISLAY 1307 MILL 549 SUCHON 952 CHORRO 715 HIGUERA 969 ISLAY 1318 MILL 575 BUCHON 970 CHORRO 717 NIGUERA 974 ISLAY 1323 MILL 578 BUCHON 978 CHORRO 718 HIGUERA 976 ISLAY 1333 MILL 586 BUCHON 980 CHORRO 720 HIGUERA 978 ISLAY 1343 MILL 641 BUCHON 984 CHORRO 723 HIGUERA 980 'ISLAY 1344 MILL. 651 BUCHON 986 CHORRO 725 HIGUERA 1005 ISLAY 1350 MILL 654 BUCHON 1023 CHORRO 728 NIGUERA 1011 ISLAY 1355 MILL 658 BUCHON 1023 CHORRO 733 HIGUERA 1017 ISLAY 1360 MILL 665 BUCHON 1111 CHORRO 746 HIGIERA 1018 ISLAY 1367 MILL 670 BUCHON 1113 CHORRO 749 HIGUERA 1029 ISLAY 614 MONTEREY 673 BUCHON 1117 CHORRO 751 HIGUERA 1034 ISLAY 652 MONTEREY 676 BUCHON 1119 CHORRO 760 HIGUERA 1035 ISLAY 654 MONTEREY 677 BUCHON 1534 CHORRO 762 HIGUERA 1040 ISLAY 656 MONTEREY 685 BUCHON 1603 CHORRO 766 HIGUERA 1044 [SLAY 658 MONTEREY 722 BUCHON 882 CHURCH 770 HIGUERA 1045 ISLAY 667 MONTEREY 770 6UCHON 888 CHURCH 778 NIGUERA 1052 ISLAY 667 MONTEREY 871 BUCHON 893 CHURCH 779 NIGUERA 1053 ISLAY 667 MONTEREY 880 BUCHON 971 CHURCH 781 HIGNERA 1061 ISLAY 679 MONTEREY 885 BUCHON 972 CHURCH 782 NIGUERA 1071 ISLAY 680 MONTEREY 889 BUCHON 1010 CHURCH 785 HIGUERA 1117'ISLAY 840 MONTEREY 966 BUCHON 1018 CHURCH 786 HIGUERA 1120 ISLAY 842 MONTEREY 973 SUCHON 1028 CHURCH 787 HIGUERA 1121 ISLAY 844 MONTEREY 977 BUCHON 1034 CHURCH 793 NIGUERA 773 JOHNSON 855 MONTEREY 1003 BUCNON 465 DANA 795 HIGUERA 879 JOHNSON 857 MONTEREY 1015 BUCHON 469 DANA 858 HIGUERA 949 JOHNSON 861 MONTEREY 1035 BUCHON 515 DANA 860 HIGUERA 955 JOHNSON 863 MONTEREY 1045 BUCRON 522 DANA 862 HIGUERA 957 JOHNSON - 888 MONTEREY 1051 BLO M 525 DANA 864 HIGUERA 966 LEFF 890 MONTEREY 1057 BUCMON 531 DANK 970 HIGUERA 976,LEFF - 895 MONTEREY 1067'Kom S43 DAR# 995 NIGUERA- 1020 LEFF - 897 MONTEREY 1110 BUDHON S47 sm 1000 HIGUERA 1027 LEFF.- . - 1005 MONTEREY 1118 YUOIION 577 DANA 539 ISLAY - .1028 LEFF 1007- MONTEREY II& BLOW 579 DANK 542 ISLAY 1035 LEFF - 1009'MONTEREY 112!6 axm 581 DANA 550 ISLAY 1045 LEFF 1013 MONTEREY r' v l APPENDIX B MIN MY Of Sa►11 WIS OBISPO HISTORICAL PRESERVATION LOAN PROGRAM APPLICATION FOR ASSISTANCE Property Owner Information: Property Owner: Owner's Address: Owner's Phone: Owner's Authorized Representative: - Representative's Phone: . Property Information: Property Address: Assessor's Parcel Number: This structure is: [ ] A residential building included on the official "Master List of Historic Resources" as code number ] Listed as a "contributing" residential building within a Historic Preservation District. Construction Information: Attach the following information: 1) Schematic Site Plan; 2) Itemized ,,Cost Estimate; 3) Proof of Ownership. Mare a Describe the work to be done: Cost of the Project: $ Amount of Financial Assistance Requested: $ i e ng e w k� ------------------- - - - - -- DECLARATIONS ------------------- - - - - -- I- realize that final loan approval is awarded by the bank, based on their qualification standards. The information presented here is true and accurate. Films ,_- .. �i n(�ml� �,� � RESOLUTION NO. 6421 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING NEW WATER ACREAGE AND FRONT FOOTAGE FEES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The following fees are established in accordance with provision of Municipal Code Sections 13.04.090 and 4.20.040 - Additional Charges for Water Service: (1) Acreage Charge: $1,900 per acre (2) Front Footage Charge $19.00 per foot SECTION 2. This resolution shall become effective immediately upon adoption. On motion of Councilman Settle , seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of April , 1988. ATTEST: -_ MAYOR RON DUNIN CITY CVRK PAM �GE9 1 R6421 I- � Resolution No. 6421 (1988 Series) Page 2 APPROVED: City Adi4inistrative Officer City Director Public Works Director Utilities Manager resolution /lh #3 F61� �i n �, c� � fin/ �'���yt� ��l �l L is C d RESOLUTION NO. 6420 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING NEW WASTEWATER SERVICE CHARGES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The following fees are established in accordance with provision of Municipal Code Section 4.24.010 - Wastewater Service Charges as follows: A. Every person whose premises in the city are served by a connection with the system of wastewater of the city, whereby the wastewaters are disposed of by the city through the wastewater treatment plant, or otherwise, shall pay wastewater rental charge based as follows: month; 1. For each single- family dwelling, the sum of $8.50 per 2. For each multifamily dwelling unit in any duplex, apartment house, roominghouse, or trailer park, the sum of $5.70 per dwelling unit, per month; 3. For each dwelling unit in any hotel, motel or auto court, the sum of $5.70 per unit, per month; 4. For each restaurant or bakery, the sum of $5.70 plus $1.14 per hundred cubic feet of water used in excess of 500 hundred cubic feet per month; 5. For each public, private or parochial school, the sum of $ 0.95 per month for each average daily attendance at the school; R6420 Resolution No. 6420 (1 ` Series) Page 2 6. For each business, church or other nondwelling commercial establishment, wholesale or retail, the minimun sum of $5.70 per month plus $ 0.66 per hundred cubic feet of water used in excess of 850 cubic feet per month 7. For each vehicle discharging wastewater into the city system $28.50 for the first.1,500 100 gallons for all wastewater in city may require an analysis by a city wastewater laboratory of cone diacharged. The fee schedule for the city shall be as follows: Test gallons or less plus $1.71.per excess of 1,500 gallons. The recognized laboratory or by the stituents of the wastewater being laboratory services performed by Fee PH .......................... $ 6.50 BOD .......................... 55.00 NFR (suspended solids) ....... 20.00 Settleabe solids.............. 15..50 8. Quantity Usage.. Restaurants and other commercial users shall be entitled to a water flow allowance for the service charge. Any excess over the entitlement allowance shall be charged for at the rate specified in subsection A4, A6, and A7 of this section. Any nonresidential customer using substantial amounts of water that is consumed on landscaping or for other purposes not required wastewater facilites may appeal to the city engineer to determine an equitable ratio of wastewater use for billing purposes or the user may, at the user's own expense, install private measuring devices in accordance with the specifications approved by the city engineer. Resolution No. 6420 (Z Series) Page 3 B. The rates set forth in subsection A of this section for service shall become effective May 1, 1988. On motion of Councilwoman Rappa , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, Pinard and-Mayor Dunin NOES: Councilman Settle ABSENT: None the foregoing resolution was passed and adopted this 5th day of April , 1988. ATTEST: oepp MAYOR RON DUNIN CITY CLERK AM VOGES APPROVED: v -- trative Officer City FinAnce Director 111 .1 Public Director Utilites Manager fw. RESOLUTION NO. 6419 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE COOPERATIVE AGREEMENT FOR THE UPGRADING OF THE TRAFFIC SIGNAL AT BROAD AND HIGUERA STREETS AND AT MARSH AND NIPOMO STREETS WHEREAS, the Council has determined the need to upgrade the signal installation at Broad and Higuera Streets, and Marsh and Nipomo Streets, and WHEREAS, these intersections are part of the state highway system and therefore the state has agreed to participate in the project, NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby: 1. Approves that the certain agreement attached hereto and marked Exhibit A, and incorporated herein by reference between the City of San Luis Obispo and the State of California, Department of Transportation, and that the Mayor is authorized to execute the same. 2. Authorizes the City Clerk to transmit the original and three copies, attaching to each a copy of the authorizing resolution to: J. Ritter Local Assistance Engineer Department of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 for execution by the state. On motion of Councilwoman Rappa , seconded by Councilman Reiss , and on the following roll call vote: nri. 10 0 i Resolution No. 6419 0988 Series) Page Two. AYES: Councilmembers Rappa, Reiss, Pinard,:'Settle and Mayor Dunin_ NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th_ day of 1 , 1988. on u in ATTEST: CITY CL RK Pam Voge APPROVED: 102"r-4- Finance Director City Engineer bl5 /coop -agr by 0 O D 05 -SLO -2271 PM 13.44 & 13.45 05351- 344318 Intersections of: Higuera & Broad Streets, Marsh & Nipomo Street District Agreement No. 05A989 COOPERATIVE AGREEMENT This AGREEMENT, entered into on April 5 , 19 88 , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF SAN LUIS OBISPO a body politic and a municipal corporation of the State of California, referred to herein as CITY RECITALS 1. STATE and CITY contemplate modifying traffic control signals at the intersection of Higuera Street at Broad Street and Marsh Street at Nipomo Street along State Highway Route 227 referred to herein as "PROJECT ", and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, operated and maintained. 2. If any work involving high /low _risk underground facilities or subsurface construction within said State highway is needed, STATE requires that said work be accomplished in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way ". 1 •�;ilfu�i G SECTION I CITY AGREESt (1) To provide all necessary preliminary.engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for the PROJECT and to bear 100% CITY's .share of expense thereof. (2) To identify and locate all high and low risk underground facilities within the PROJECT area and protect or otherwise provide for such facilities, all in accordance with STATE's °Manual on High and Low Risk Underground Facilities within Highway Rights of way ". Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be borne by the CITY as described in Section III, Article (8). CITY hereby acknowledges the receipt of STATE's °Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PROJECT in'accordance with such Manual. (3) To apply for necessary encroachment permits for required work within State Highway rights of way,.in accordance with STATE's standard permit procedures. (4) To construct the PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (5) To pay an amount equal to 1000 of the PROJECT construction costs. (6) Upon completion of PROJECT, to furnish STATE a complete set of full -sized film positive reproducible as -built plans. (7) To maintain the entire traffic control signals as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. SECTION II STATE AGREES: 1. To provide two (2) each Model 170 Controller Assemblies to CITY, for the aforesaid PROJECT at no cost to CITY. Cost of said Controller Assemblies to STATE is approximately $16,000.00. 2. That the aforesaid Model 170 Controller may be received by the CITY at Department of Transportation, District 5, 50 Higuera Street, San Luis Obispo, California 93403 -8114, upon STATE receiving 7 days advance written notice. 3. To reimburse CITY for STATE's proportionate share of the cost of maintenance of said traffic control signals, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. 4. To operate the traffic control signals as installed and pay 100% of the operation costa 2 k- SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: D 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission, Should CITY award a contract for PROJECT prior to the allocation of resources by the California Transportation Commission, there is no guarantee of STATE's participation and CITY shall assume all risks thereof. 2. Should any portion of the PROJECT be financed with. Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 3. That construction by CITY of improvements referred to herein which lie within STATE rights of way or affect STATE facilities, shall not be commenced until CITY's original contract plans involving such work, have.been reviewed and approved by signature of STATE's District Director of District 05, or his delegated agent, and until an Encroachment Permit authorising such work has been issued by STATE therefor. Receipt by CITY of CITY's contract plans signed by STATE shall constitute STATE's acceptance of and official approval of said plans. 4. That CITY will obtain the aforesaid Encroachment Permit through the office of STATE's District 5 Permit Engineer and that CITY's application therefor shall be accompanied by is reproducible tracings of aforesaid STATE approved contract plans. Receipt thereafter by CITY of the approved Encroachment Permit shall constitute CITY's authorization from STATE to proceed with work which lies within STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall, however, be contingent upon CITY's compliance with all provisions set forth in said Encroachment Permit. 5. CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE. 6. Prior to award of the construction contract for the PROJECT, STATE may terminate this Agreement by Written notice. 7. If termination of this Agreement is by mutual agreement, STATE will bear 0% and CITY will bear 100% of all costs incurred prior to termination. B. If existing public and /or private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal, which if there are costs of such protection, relocation or removal CITY.shall pay the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 100 %, If any 3 o q protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. 9. Upon completion of all work under this Agreement, ownership and title to all signals, materials, equipment and appurtenances installed will be jointly shared in the ratio of 50 %•STATE and 50% CITY. 10. The cost of maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. 11. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4 CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under this Agreement. 12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.41 STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement. 13. That, in the construction of said work, CITY will furnish a representative to perform the functions of a Resident Engineer, and STATE may, at no cost to CITY furnish a representative, if it so desires, and that said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's representative shall prevail on work within STATE's right of way. 4 C �r 14. That those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY] however, the ownership, operation and maintenance clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation LEO J. TROMBATORE Directory of Transportation By THOMAS L. POLLOCK District Director APPROVED as to FORK and PROCEDURE Attorney Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE: District Accounting Officer 5 CITY OF San Luis Obispo y left Ma Or Ron Pn Attests _ City Clerk Pam o es -_ -- Approved as to„Form: City Attorney "Roger Picquet RESOLUTION NO. 6418 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CUESTA VALLEY DEVELOPMENT CO., A GENERAL PARTNERSHIP EXTENDING TIME TO COMPLETE SUBDIVISION IMPROVEMENTS AND ACCEPTANCE OF COMPLETED PUBLIC IMPROVEMENTS FOR TRACTS 926, 1034 AND 1064 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 Cuesta Valley Development Co. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. Whereas certain public improvements have been completed to City standards and specifications in accordance with Resolution Nos. 4892 (1982 Series), 5115 (1983 Series), and 4894 (1982 Series) except as prescribed in said "Exhibit A ". SECTION 3• The-City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Cuesta Valley Development Co., the Director of Public Works, and the Director of Community Development. NOW THEREFORE BE IT RESOLVED that the completed public improvements are hereby accepted and surety is released per attached "Exhibit B" in accordance with the Subdivision Agreement. The Public Works Director and Community Development Director are hereby jointly authorized to accept Items A & B of said "Exhibit A" and to release respective surety upon satisfactory completion. R6418 • r O Resolution No. 6418 (1988 Series) Page 2. On motion of Councilwoman Rappa seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, Pi.Oal- d,_Settle and.,Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April 1988. WY • Ron unin ATTEST: CITY C RK Pam Vog APPROVED: City A ministrative Officer City Att rney Community Development Director Aujo�L Lv rte, Ci y Engineer jk5 /amend by C� O AGREEMENT THIS AGREEMENT, dated this 5th day of April , 1988 by and between Cuesta Valley Development Co., a General Partnership herein referred to as "SUBDIVIDER ", and-the City of San Luis Obispo, herein referred to as "CITY." WITNESSETH: Reference is hereby made to those certain subdivisions of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final maps of Tract 926 (Units I and II), Tract 1034, and Tract 1064, as approved by the City Council on January 7, 1986. WHEREAS, a Subdivision Agreement was entered into between the above mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the original agreement has expired, and WHEREAS, the Subdivider has completed all items except: A. Completion of certain street trees adjacent to Tract 926 - Unit I; B. Terrace Hill revegetation and certain restorative grading of the city -owned lot 30 Tract 926 adjacent to Tract 1034; C. Completion of public improvements in Binns Court including public water and sewer mains and utilities within Tract 926 - Unit II; D. On -site public water and sewer systems and drainage devices within Tract 1034, and WHEREAS, the Subdivider has requested an 30 -month extension of time from the expiration of the current Subdivision Agreement to complete the aforementioned items. NOW THEREFORE the Subdivision Agreement dated January 7, 1986 for Tracts 926, 1034, 1064 is hereby renewed and modified so as to extend the time of completion to July 7, 1989 to complete the remaining improvements. 0 O All other provisions of the aforementioned Subdivision Agreement shall remain in force, except as provided for with partial acceptance and /or reduction in the amount of surety by the City Council. IN WITNESS WHEREOF this agreement has been executed by: CITY OF SAN LUIS OBISPO s By. ATTEr l 6--- l CITY ', CLERK Pam `Voges� Approved this 5th day of APPROVED: ITY ENGI APPROVED AS TO FORM: CITY ATTTTOO NEYY I /G al Community Development Director jk5 /amend by . CUESTA VALLEY DEVELOPMENT CO. A Califor is al Par rship By: 77h CU VALLEY NT CO. April 7988 e o EXHIBIT "B" BOND CALCULATIONS A. Original Faithful Performance Bond Original Labor & Materials Bond B. Incompleted Work (Public Improvements) 1. Tract 926 - Unit I a. Hillside revegetation (Lot 30) _ $10,000.00 b. Replacement street trees (Bishop) = 1,000.00 $11,000.00 2. Tract 926 - Unit II (Binns Court) a. Water, sewer, street, etc. $36,000.00 3. Tract 1034 a. Public water, sewer, etc. $86,000.00 b. Repair geologic defects (within 10,000.00 Tract 926 - Lot 30) c. Florence St. minor pavement 1,000.00 $97,000.00 S. T. + (5% infl. + 10% Contingencies) Use C. Completed Work (A - B) (Bond Reduction) D. Warranty (10% of completed work) (to be held for one year from acceptance) E. Revised Faithful Performance Bond Revised Labor & Materials Bond jk5 /amend by $1,350,000.00 675,000.00 $ 144,000 21,600 165,600 $ 165,000 $1,185,000 $ 118,500 $ 165,000 $ 82,500 c RESOLUTION NO. 6417 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 1260 AT 795 NIPOMO STREET (SLOBAK, Inc., Subdivider) WHEREAS, the City Council made certain findings concerning Tract 1260, and as contained in Resolution No. 5892 (1986 Series), and WHEREAS, all conditions required per Resolution No. 5892 (1986 Sieres) have been met, and WHEREAS, all subdivision improvements have been constructed to City standards, NOW THEREFORE BE IT RESOLVED that improvements are hereby accepted and surety is hereby released in accordance with the terms of the Subdivision Agreement. On motion of Councilwoman Rappa , seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Rappa, Reiss, P.inard, Settle.and_Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of April , 1988. on Dunin ATTEST: CITY AERK Pam Vo s R64 17 C. Resolution No.6417 (1988 Series) Page Two. APPROVED: Cit4Adm' istrative Officer City Att ney ity ngineer Community Development Director jk5 /t1260acc by 0. �,�� �� ���� � ? �,, . � >co 6��� GMT � o RESOLUTION NO. 6416 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING A CONTRACT AND TRANSFERRING MONEY FROM WATER FUND CRP APPROPRIATIONS MADONNA CONSTRUCTION IN THE AMOUNT OF $904,867.70 WHEREAS, the City received bids for "Higuera Street Widening - Madonna Road to.McCracken's Tire, City Plan No. K -25B, and WHEREAS, the Engineer's estimate was $972,880 for the combined project which includes $713,880 for the city's widening project, $218,500 for the PG &E project and $40,500 for the Sonic Cable TV project, and WHEREAS, the low bid was received from Madonna Construction Co. of San Luis Obispo, California in the amount of $904,86j.70 for the combined project which included $710,280.00 for the city's widening project, $1.58,782.96 for the PG &E project, and $35,805.94 for Sonic Cable TV project; and WHEREAS, PG &E and Sonic Cable TV have approved the bid amounts for their portions of the project, and are responsible to inspect and pay the contractor for their respective portions of the project, and WHEREAS, there is in excess of $2,000,000 available in account no. 040- 9847 -092 -572 for a portion of this project, and WHEREAS, there is money available in the Water Fund CRP appropriation for a portion of this project, NOW THEREFORE BE IT RESOLVED, the following items: 1. Accept the low bid from Madonna Construction Co. of San Luis Obispo, California. 2. Authorize the Mayor to sign the contract on behalf of the city.. 3. Direct the City Clerk to prepare the appropriate documents for signature by the successful bidder and the Mayor. 4. Direct the Finance Director to transfer $80,000.00 from the Water Fund CRP appropriation to account no. 050- 9713 -091 -572 for cost of construction and contingencies for the waterline improvements. R64 16 Resolution No. 6416 (1988 Series) Page Two. On motion of Mayor Dunin , seconded by Councilman Reiss and on the following roll call vote: AYES: Councilmembers Mayor Dunin, Reiss and Settle NOES: Councilwoman Pinard ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 5th day of April , 1988. ATTEST: CITY CLE K Pam Voges APPROVED: u � --- City Adm nistrative Officer City AttyOrney Fin ce rector Public Works Director x — ZA -- — ,'Lty Engineer jh5 /k25b -award by 99P go MR Air .. 910L on unin la I" = 500' c) rl H a E Widening on west side of Higuera St. and at Madonna intersection. Installation of Curb. Gutter. and Sidewalk Landscaping in Caltrans R/W and Widening of Entrance as condition of Sales Agreement Landscaping of Freeway Romp Islands to complete Madonna Rd. project ENTRY TO MADONNA INN Y Additional improvements on Iiiquera St., Madonna Rd.. and South St. include Street Tree Planting, Street Lights, Stripin� and Signing, Sidewalk Ramps, raina?e Facilities. Roadway Resurfacing, and Undergrounding of all Utilities (20A Project) BIANCHI LANE HIGH Waterline Installation UJ Widening on south side of South St. SOUTH Traffic Signal System Stamped Concrete Median Island S T Landscaped Traffic Islands and San Luis Obispo Sign Water Vault Modification HIGUERA STREET WIDENING Madonna Road. to McCracken's CP K - 25B �,)L # 6 -v . UV7, /criw,VI, J t� �XrIv; RESOLDTION No. 6415 K (1988 SEAS) 'J9. o •1 • Y I N' I Mt • Y I M • • • C.'J 719 171 ' :1 17171 Y I M • • : ' • • D Y I • : •• 1p I• I• H9 1:1 ' o• pI71 ' } I• • 719. ' ASSX=ON FOR ME PERIOD OF I• q 1988 - 119M9 1'171' BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The Memorandum of Agreement between the City of San Luis 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 ccapensation dianges. Section 3. Mie City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: David Elliott, President SLCEVCEA; Ann Crossey, Personnel Director; William Statler, Finance Director. On motion of Councilwoman Rappa , seomided Councilman Sett;e by r and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 22nd day of March, 1988. R6415 O Resolution No. 6415 AT=: 2".., V City dte& Pam 10 es w I yor Ron unin City istrative Officer MIAM-2.,f4ror (1988 series) Aii/r) I ) I on 1'. 2', 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i UM QTY OF SAN LUIS OBISPO SAN UJIS OBISPO ��WJ • 171 ,.,M 1 Y .� 1988 - 1992 1 2 3 4. 5 6 7 8. 9'' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CMTIB IS Article No. Title Pacte No. 1 PARTIES TO AGREEMENT ............................ 1 2 RECOGNITION ...... ............................... 2 3 Fill= RIGHTS .. ............................... 3 4 UESENTATIVE ROLE .............................. 4 5 MANAGII -1T RIM-US ........................... -0000. 5 6 PEACEFUL PERECEWCE ............................... 6 7 GRIF'VANCE PROCEDURE ...... 0 ....................... 8 8 SALARY ........... ............................... 11 9 SALARY SURVEY AGENCIES .......................... 19 10 ovERfin E�EES ................ 20 11 PAYDAY ............ ............................... 21 12 INSURANCE AND REFUND ............................ 22 13 EEIS MEDIlm INSURANCE ...................... 25 14 WORK SCE LES AND LEAVE ......... 26 15 SICK LEAVE ....... ............................... 27 16 LEAVE . .... ....................0...... 30 17 �BE��R�W�EMEN�T .F7Yi.L�.Li. I�JiJVE . . . ......... ..... -.... 0 0 0 0 . . . 00 .... . . 0 ... 31 18 VACATION LEAVE ... ............................... 32 19 T24PLANNED VACATION ................................ . 34 20 ice' Cffi4PENSATION LEAVE ..................... 35 21 PAYCHECKS PRIOR TO T%7-2=(W ..................... 36 22 HOLIDAYS ......... ............................... 37 23 RE'I' NT ....... ............................... 38 24 SAFETY PROGRAM ..... .... ..................... ...... 39 25 REQUIRED FOOTWEAR ............................... 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �1 26 UNIFM;MS ......... ............................... 41 27 CIASS "ll' PHYSICALS ............................. 42 28 TF3t ASSIGNMENT ............................ 43 29 WCM< CUl'OF -C ASSIFICATION ...................... 44 30 TRANSFER ......... ............................... 45 31 LIGHT DULY ASSIQNMENT ........................... 46 32 AUIH3PIZED AGENTS ....................... ........ 47 33 FULL AGREE= ... ............................... 48 34 SAVINGS CLAUSE .. ............. .. ....... .......... 49 35 TERM OF AGREEKENT ............................... 50 36 SON AND PERIODIC MEET= ............. 51 37 SIGN,Z[E ....... ............................... 52 APPENDIX A - CLASSIFICATIONS .................... 53 1 2 3 4 5 6 7 8 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A=CLE 1 PARTIES TO ACFdM!I, ' This Agreement is made and entered into this st day of March, 1988, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo City Employees' Association, hereinafter, Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provisions in City Resolution No. 3405 unless so stipulated to by provision(s) contained herein and agreed to. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AFMCIE 2 SON Pursuant to Govexmmrt Code Section 3500 et seq and City Resolution No. 3405, the City hereby recognizes the San Iui.s Obispo mid-management/confidential Employees' Association as the barga;n, rq rep r: zentative for purposes of representing regular and probationary employees, occupying the position classiflcatl= set forth in Appendix A. in the Mid - Management /Confidential Unit with respect to their c=pensation, hours and other terms and conditions of employment for the duration of this Agreement. -2- 1' 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 3 EMPMYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their can choosing for the purpose of entation on all matters of employer-euployee 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 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 di - ,- ;mi.,a against because Of the om cise of these rights. -3- 1 2 3 4 5 6 7 8 9 10 11 12i 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE: 4 ROLE Members of any recognized employee Organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by 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 releasad, date of meeting will be *��+�+, -- __.led in accordance with item (2) below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict city management from scheduling such meetings before or after regular duty or work hours. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5 rmrPLEMmar RIGHTS The rights of the City include, but are not limited to, the exclusive riot 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 prowtion; direct its employees; take disciplinary action; relieve its employees frm duty because of lack of work or for other legitimate reasons; maintain the efficiency of gove=mental operations; determine the methods, means and personnel by which goverrment operations are to be conducted; determine the content of job class. ications; take all necessary actions to carry out its mission in emergencies; and exercise owplete control and discretion over its organization and the technology of performing its work. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 6 PEACEFUL ,rrcE 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 • �•� :••1 • • - •I J111• • I,J a) Employee organizations shall riot 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 limitaticn of the peaceful performance of City services prohibited by this article, the City, in addition to any other lawful remedies of 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 •1 K_ , c) Employees 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 customary manner and at a reasonable level of efficiency, provided there is work to perform. Any decision made under the provisions of the Article may be appealed to the City CoL=il by filing a written Notice of Appeal with the city Clerk, -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 acocmpanied by a om3plete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected euplayee 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. 1 2 3 4 5 6 71 8 91 10 11 12 13 14 15'' 16'' 17 18 19 20 21 22 23 24 251 26 27 28 ArUICTE 7 GRIEVANCE r.1S\JMLN2CL. 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 Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's I mmediate superior. The employee shall have the right to choose a representative to many hip/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 (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. 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. -8- 1 C. If the employee is dissatisfied with the ' department head is decision, 2 the employee may sutmmit the grievance in writing to the Personnel 3 Director within seven (7) business days of receiving the department 4 head's decision. The Personnel Director shall confer with the 5 employee and the department head and any other interested parties, 6 and shall conduct such other investigations as �.ga may be advisable. 7 D. The results of findings of such conferences and investigations shall 8 be submitted to the City Add nistrative Officer in writing within 9 fifteen (15) business days of receiving the employee's written 10 rest. Me City Officer will meet with the 11 employee if the employee so desires before rendering a decision with 12 respect to the complaint. The City Administrative Officer's 13 decision and reasons if denied shall be in writing and given to the 14 employee within twenty (20) business days of receiving the Personnel 15 Director's results and findings. Such decision shall be final 16 unless employee desires the Personnel Board to review the decision. 17 If such is the case, the employee will have ten (10) business days 18 following receipt of the City Administrative Officer's decision to 19 submit a written request to the Personnel Board through the 20 panel Director for a review of the decision. The Personnel 21 Board within thirty (30) business days shell review the record and 22 either (1) issue an advisory opinion to the City Administrative 23 Officer; or (2) conduct a hearing on the matter. If a hearing is 24 held, an advisory opinion shall be rendered by the Board within ten 25 (10) business days of the close of such hearing. If an opinion 26 signed.by at least three (3) ambers of the Personnel Board 27 recommends overruling or modifying the City Administrative officer's 28 -9- 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 decision, the City Administrative Offices shall comply or appeal this ration 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. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IJ y I. SAURY FOR MID- VDUUiaEMENT EN)PIOYEES PURPOSE: To establish and maintain a compensation program that is externally c=petit ve and internally equitable and that rewards managers based on their performance. It is understood that the success of this plan is dependent on the mutual c=mitment and effort by both mid - managers and management. SECTION A Salary Schedules 1. Salary Groups Salary groups effective January 1, 1988 are as follows: Salary Group Classifications Iv ArIxwist Golf Course Supervisor Building Maintenance Supervisor Recreation Supervisor M ance SWendsor Perscmnel Analyst III Supervising Mechanic Parking Program Coordinator Senior Recreation Supervisor Utilities main�ce Supervisor Administrative Analyst Engineering Field Supervisor Transit Manager II Water Supply & Dist. Supervisor Water Treatment Plant Supervisor Wastewater Treatment Plant Supervisor Streets Manager Projects Manager Chief Accountant Financial S Manager Senior Planner I Parks and Buildings Manager Supervising Civil Engineex Utilities Engineer Chief Building Official Principal Planner -T1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 -12- i 2. Salary -s The salary ranges shall be: GROUP BOTTOM OF RANGE MID-POINT PERFORMANCE POINT TOP OF RANGE 1988 IV S2,450 $2,800 $2,944 $3,150 III $2,650 $3,000 S3,131 $3,350 II $2,850 S3,200 $3,318 53,550 1 $3,100 S3,450 $3,551 $3,800 1989 IV $2,450 $2,880 S3,093 S3,310 1I1 $2,650 S3,115 $3,346 $3,580 lI S2,850 53,325 $3,551 $3,800 I $3,100 $3,585 $3,804 54,070 1990 1V S2,450 $2,965 $3,252 $3,480 Ili S2,650 $3,205 $3,514 $3,760 II $2,850 $3,420 $3,729 $3,990 1 $3,100 $3,685 S3,991 $4,270 1991 IV S2,570 .53,110 $3,411 $3,650 III $2,780 $3,365 $3,692 $3,950 II $2,990 $3,590 $3,916 S4,190 1 $3,260 $3,870 S4,187 S4,480 1992 IV S2,700 $3,265 $3,579 $3,830 tIl $2,920 53,535 53,879 $4,150 I] $3,140 $3,770 541112 S4,400 1 $3,420 $4,060 $4,393 54,700 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Schedule & Classification Review During 1990, a compensation survey of salary and benefits shall be done for selected benchmark classifications within each salary group using the salary survey agencies designated elsewhere in this mmmoranchm. Salary ranges and the allocation) of classifications to salary groups may be adjusted based on this survey and internal comparisons. SECTION B Placement in Open Salary Rance for New Emplovees Mien an employee is appointed or promoted to a mid-management classification the department head, with the approval of the personnel director, may place the salary at or below the mid -point of the salary range. With the approval of the city administrative officer, the department head may place the salary at or below the nerformance Point of the salary range. Within the first two years of appointment or assignment, the department head, with the approval of the perscrmel director, may raise the salary of a new epployee to the mid -point of the salary range based on the employee's sustained ccapetent performance. SECTION C Classification Pay Range Allocation Guidelines If a classification is reallocated to a lower pay range the incumbent's salary shall be frozen until it is not greater than the performance point of the new range. -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i i If a classification is reallocated to a higher pay range the incumbent's salary may be increased by an amount not to exceed five percent (5%) if such amount is within the established range. The exact amount shall be determined by the department head with approval of the Personnel Director, with due consideration for current salary range, performance point and performance. SECTION D Mid - Management Across -the -Board Salary Adjustments All mid - management employees shall receive a 5 percent (5%) salary increase from the first day of the pay period in which 1 January 1988 occurs. All mid - management employees shall receive 3 percent (3 %) salary increases effective the first full pay period of the following months: January, 1989 January, 1990 January, 1991 January, 1992 SECTION E Performance pcW plan 1. Procedure All mid - management employees shall be eligible to receive salary increases for performance effective the first full pay period of the following months: July, 1989 July, 1990 July, 1991 July, 1992 -14- 11 2 3 4 5'. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Salary increases for performance shall range from 0 to 7 percent, with a 4 percent adjustment deemed the appropriate amount for satisfactory, cxmpetent Within each mid - management salary range a performance point shall be established by dividing the top salary in that range by 1.07 and rounding to the nearest dollar. If an employee's salary falls below the performance point for that employee's salary range, the new salary shall be calculated by applying the performance increase percent to the existing salary. If an employee's salary falls above the performance point for that employee's salary range, the new salary shall be calculated by rolling the salary back to the performance point before applying the salary increase percent for performance. A committee as outlined below will be established to develop, implement and review the performance pay guidelines. To insure City-wide consistency of applicatim, the guidelines shall address supervisory, departmental and management team review of all objectives developed and of all annual performance evaluations and cmVensation recammerxiaticns. 1. 2 3 4 5 6 7 8 9 10 11 121 13 14 15 161' 17'I 18 19 20 211 22 23 24 251 26 27 281 2. Managerial Performance Pav Cogn ittee A joint managerial performance pay ==LLttee shall be established consisting of two appointed representatives from the mid - management unit and two management team members. A member of the personnel department staff shall serve as a nonvoting facilitator /recorder. 7he on-going function of the c committee shall be to develop, implement, review and change as necessary the performance pay plan guidelines, forms and schedules. Additionally, this ocmmmittee shall .addres arry unforeseen problems that may arise given that this pay approach is a newly created c=pensaticn plan. 3. Performance Pav Scheduled Objectives The following schedule is proposed for development and implementation of the plan: Action Date Oomiuittee members are appointed by April 15, 3.988 mid-management unit and management team. Draft performance pay guidelines and May 30, 3.988 forms to be developed and distributed for comment. Comm=ittee- approved agreed upon forms and July 31, 1988 guidelines coupleted. Performance objectives for mid- management i Sept. 1, 1988 employees for 1988 -89 year to be established. Omimaittee will meet as needed to insure Fall, 1988 smooth implementation of plan and consis- tency of application. Mid -year performance evaluation reviews February, 1989 begin. -16- 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final evaluation reviews for fiscal July 31, 1989 year 1988 -89. Performance pay effective date. July it 1989 4. Mid - Management Exceptional Performance Bonus Annually in October, beginning in 1989, the City Administrative Officer may increase the salaries up to seven percent, within the funding limitations listed below, for employees judged to have provided exceptional performance during the preceding year. his salary increase shall be for a period of one year only and shall be in addition to any other increases granted. Tall increase shall cease if the employee terminates and there shall be no conversion to a lump sum payment at that time. Annua11y in September, the management team shall collectively consider the performance reomm¢endaticns for exceptional mid-management employees and by consensus recommend to the City Ac�n? *+; *-ative Officer bonuses for those employees rho have demonstrated exceptional performance. Any number of mid - management employees may receive exceptional pay increases provided the total amount awarded may not exceed: $1,200 per month in 1989 $1,300 per month in 1990 $1,400 per month in 1991 $1,500 per month in 1992 SECTION F Reopening Negotiations for Across- the -Board Adiustments If the peroentage increase in the Consumer Price Index - All Urban Consumers (the averaged increase between the CPI-U -17- 1 2' 31' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WAnaheim and the CPI-U San EtanC1SC0Oakland-San Jose) between October, 3.987 and October, 1990 is greater than 21 or less than 10, negotiations shall be reopened for the sole purpose of recalculating the across -the- board salary adjustments scheduled for the first pay period in January, 1991 and January, 1992. II. SAUM INCFMM FOR OONFIMT= F18'TDStEES The salary ranges for confidential employees shall be increased as listed. Salary procedures and eligibility for step progression shall be the same as clerical employees in the general unit. January, 1988 5 percent July, 1988 3 percent January, 1989 5 pmt January, 1990 5 percent January, 1991 5 percent January, 1992 6 percent -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i + ARTICLE 9 SALARY SU= AQNCIESS For purposes of external cagpar; sans the agencies to be used.for review of compensation shall be those agencies used for review in Management C.mqpensation. These currently include: Chico Davis Monterey City Salinas San Clemente Santa Cruz Santa Maria -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 y!4N o, 1. The Executive Secretary, the Legal Mary, and the Secretary II, (Personnel) positions shall receive overtime pay at one and one half their regular rate for all hours ordered by management and worked in a work week. Holidays and sick leave will be counted as hours worked for Purposes of overtime. Regular rate means the overtime base rate per EL.SA guidelines. 2. Employees eligible for overtime pay may elect cessation in the form of time off, CIAO, at the rate of one and one half hours for each hour worked provided the following coz- ditions are met. a) An employee shall be cagoensated in CIO only, if the department head approves such compensation. b) An employee may not be c=pensated in CIO for more than sixty hours of earned overtime in a calendar year. c) Acctnulated CIO not taken within the calendar year, shall be oonpensated in cash at straight time during December. -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r' i ARTICLE ll PAYDAY Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. -21- I ARTICLE 12 2 ��NM AND REFUND 3 A. INSURANCE AND REFUND 4 The City shall contribute the following amounts per month for medical, 5 dental, vision and life ;„�ce for each full time regular. employee 6 covered by this agreement and these amounts small be used to calculate 7 any refunds. 8 Effective Date Amount January, 1988 $250.00 9 January, 1989 $260.00 January, 1990 $270.00 10 January, 1991 $280.00 January, 3.992 $290.00 11 In addition, it is agreed that if the monthly Employee + 1 premium for 12 the City's HmD medical plan (currently Health Net) increases by more than 13 $30.00 daring 1988 or more than $20.00 during 1989, 19901 1991 or 1992 14 one -half of the excess above those amounts shall be .paid by the City for 15 a7Y empl%„8P- whose coverage is at the Employee + 1 or Employee + 2 level, 16 regardless of the plan in which he/she is enrolled. The 1988 HM premium 17 for Employee + 1 is $170.10. In order for funding of an excess amount to 18 occur the HMD BiploYee + 1 rate would need to be greater than $200.10 for 19 1989, greater than $220.10 for 1990, greater than $240.10 for 1991 and 20 greater than $260.10 for 1992. This additional payment shall not be 21 considered part of the benefit amount and will be Paid directly in 22 addition to the benefit amount. 23 Exa=le: 24 Current Increased Additional Premium Premium for Amount above Amount Paid 25 for HNID HMO in 1989 Difference $30.00 by City for mo. 26 $170.10* $220.10* $50.00 $20.00 $10.00 ** 27 *Monthly premium for HM at the Employee + 1 level. 28 * *Additional amount to be paid for all employees enrolled at the Employee + 1 or.Employee + 2 level, regardless of plan. -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Each employee shall be covered by the medical, dental, vision and life insurance. If an employee selects dependent coverage, they shall have dependent coverage for each insurance plan that provides dependent coverage. If during an enrollment period an employee selects dependent coverage, such coverage shall apply to all eligible dependents and shall remain in effect at least twelve (12) months or as provided by the applicable insurance contract. The City will provide a miniimmm of thirty days notice of any medical plan rate increase during the cm7tract period. C. REFUND City shall pay to each full -time, regular employee, as soon as practicable prior to 31 December, an annual lump sum payment for the difference between the City's actual annual insurance contribution and the amount used by the employee for insurance coverage, less the unit average salary related payroll cost applicable to the difference. Such unit average salary related costs shall be determined by the City. D. MEDICAL PLAN REVIEW OTIEE The Mid-Managemerrt/Canfiderytial Unit shall have one member appointed by the NMIC Employees Association serve on the Medical Plan Review Cmmittee. Me purpose of the CcmmLittee shall be to determine and reca=end appropriate plan revisions and cost contaiment measures. Determinations of that c=nittee regarding changes to the current medical insurance policy terms and coverages may be implemented during the term of this agreement subject to meet and conifer req iremen s. Both parties agree to meet and confer in good faith if plan changes are reed for implementation. -23- 1 2 3 4 5 6 7 8 9 10 11 121 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ME E. LSFE INSURANCE - LTD PLAN Mid- Managment and Confidential employees shall receive $25,000 term life insurance coverage and a long -term disability insurance plan for recognition of their management responsibilities. F. CONFIDENTIAL EMKDYEES MEDICAL Il�SURANCE Cmifidential enployees shall receive the SaIQe amowrt and increase of the of the Mid - Management employees. -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 13 'S MEDICAL INSURANCE Employees covered by this Agreement who meet all of the cmiditicns set forth below are eligible to participate in the group medical coverage provided by the City at group rate paid totally by the employee. Zile qualifying conditions are: 1. r1he employee must retire frara City service, apply for and actually receive retirement benefits through the City's retirement system. 2. The employee must be at least 50 years of age. 3. The employee must have at least ten (10) years of service with the City. 4. The employee may have dependent coverage only for those depexlents covered for the last year of employment with the City. 5. 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 euployees who retired on or since 1 January 1983. This benefit shall continue beyond 31 December 1992 if, and'only if, there is mutual agreement of the parties to continue such benefit. -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 14 i� WORK SCHEDULES ANDAMEWLSTRA= LEAVE A. CCNFIDUT= EMPLOYEES This article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or hours of work per week, or of days of work per week. Employees shall be scheduled to work on regular wor]kshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without reasonable prior notice to the employee. Neither callback nor overtime constitute a change in workshift. All references to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one (1) day being equivalent to eight (8) hours. B. EMPT -O= The employees in these classifications are part of the management staff of the city and exempt from overtime compensation consideration. It is recognized that their managerial and program responsibilities may require time and effort outside the normal workday and which may result in working beyond a forty hour week. In consideration of these factors the managerial staff shall be afforded sufficient flexibility in managing their work load and time. Also, they shall be granted up to 40 hours per year of administrative leave in lieu of overtime cmVezisaticn with departmental approval. No formal accounting of specific overtime worked shall be required. -26- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A=CLE 15 SICK IMVE A. Sick leave shall be defined as absence from duty because of illness or off- the -job injury, medical or dental appointments, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Riles governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of eight (8) hours per month for a full time employee and on a pro rata basis for a part-time employee. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the City Admi_n;tive Officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of 40 consecutive working hours by personnel in his/her department. Such proof may be required for periods less than 40 consecutive working hours where there exists an indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his/her imediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the irm=sed absence and be subject to disciplinary action. -27- 1 2 3 4 5 6 7 8 9 10 11 12 131 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 • 7. Any employee absent for an extended iIInes or other physical disability may be required by the personnel Director to have an examination by the City's medical examiner at City expense prior to reinstatement to the City service. 8. An appointing authority, subject to approval of the personnel Director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs his/her job effectiveness or may endanger the health, safety or welfare of the employee, other employees, or the public. MVloyees who are judged to be physically incapable of meeting normal requirements of their positions may placed in a classificatimi of work for which they are suitable when a vacancy exists, or may be separated.for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to a cmntagions disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of the PerSOnnal Rules. 10. The right to benefits under the sick leave plan shall contimie only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness disability benefits after separation fr m the service of the City. Mm an employee receives campensation under Worker's Compensation Act of California, such o=pensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage -28- 1' 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other ocupensaticm other than business or activity connected with his/her City employment- 12. Accu milation of sick leave clays shall be unlimited. 13. Upon termination of employment by death or retiremez t, a percentage of the dollar value of the employee's aommaulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (a) Death - 25% (b) Retirement and actual commencement of PEEZS benefits: (1) After ten years of continuous employment - 10$ (2) After twenty years of continuous employment - 15% -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 16 FERFAVEME T LEAVE At each employee's option, sick leave may be used to be absent from duty due. to the death of a member of the eomployee's inmadin te family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, or any other relative living in the sw a household, provided such leave as defined in this section shall not exceed 40 working hours for each incident. 'The employee may be required to submit proof of relative's death before being granted sick leave pay. False information ocncerning the death or relationship shall be cause for discharge. -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 17 FAMILY LEAVE An employee may take up to 16 hours per year of sick leave if required to be away from the job to personally care for a member of his /her 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. This may be extended to 40 hours per year if the family member is part of the employee's household, and to 56 hours if a household family member is hospitalized and the employee submits written verification of such hospitalization. Meese amounts are annual max==, not maxims per qualifying family member. -31- I ARTICLE 18 2 VACATION TFAVE 3 A. Each incumbent of a 40 hour week line -item position shall accrue vacation 4 leave with pay at the rate of 96 hours per year of continuous service 5 since the benefit date for the first five years, 120 hours per year upon 6 ccmpletion of five years, 144 hours per year upon oempletion of ten 7 years, and 160 hours upon completion of twenty years.- Employees 8 scheduled for more than 40 hours a week shall receive the equivalent 9 number of vacation days pro -rated to the number of regularly scheduled 10 work ire. 11 B. An h==bent is not eligible to use accrued vacation leave until after 12 the completion of the sixth calendar month of service since the benefit 13 date. 14 C. A regular employee who leaves the city service shall receive payment for 15 any unused vacation leave. 16 D. Vacation schedules must be reviewed by management prior to the scheduled 17 vacation. Vacation schedules will be based upon the needs of the City 18 and then, insofar as possible, upon the wishes of the eaq:)lcyee. 19 Management may not deny an employee's vacation request if such denial 20 will result in the loss of vacation accrual by the employee, except that, 21 management may approve a two month extension of maximum vacation 22 accrual. However, in no event shall more than one such extension be 23 granted in any calendar year. 24 E. Any employee who is on approved vacation leave and becomes eligible for 25 sick leave as definers in Section 2.36.420A may have such time credited as 26 sick leave under the following conditions: 27 1. A physician's statement certifying that illness, injury or exposure 28 to contagious disease has occurred is presented to the supervisor -32. 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 upon returning to work. 2. The vacation. leave mm ediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978 Series) F. vacation leave shall be accrued as earned each payroll period up to a maximimm of twice the annual rate. Effective January 1, 1987, vacation leave shall be accrued as earned each payroll period, provided that not more than twice the annual rate may be carried over to a new calendar year. It shall be the responsibility of the enployee to plan vacations and receive departmental approval in a timely manner. G. Effective 1 December 1988, all employees in this unit are eligible aloe annually in December, to request payment for up to 40 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. H. Confidential ezaployees shall receive the same accrual scberi le and refund provision as Mid- Management employees. -33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 19 UNPLVWM VACATION An employee may use up to two days of vacation annually as personal leave days. It is preferred but not required that a personal leave day be scheduled in advance. If a day is taken which has not been sdled+>» in mince, the employee must notify his/her supervisor directly, within the first half hour of the work shift. If in the sole judgment of management, the employee's absence would cause a severe disruption of City business, managauent may require the employee to report to work. In such case, the time lost by the late arrival will be charged against the employee's accumulated vacation or cmpmlsatcry time off balanoe. An employee may not use more than two unplanned vacation days per calendar year. -34- 1 2 3 4 5 6 7 8 9 10 11 12 1311 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 20 WORKERS' COMPENsATiON LEAVE Any employee who is absent from duty because of on-the-job injury in accordance with State. Workers' C=pensation 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' CaqDensation Law during the first 90 business days of such temporary disability absence. Eligibility for workers' omnpensation leave requires an open workers' compensation claim. -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 21 PAYCF= PRIOR TO VACATION If an employee is taking vacation leave and wishes to receive his/her regular paycheck before payday, the a ployee 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. -36- 1' 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 dR I �- 'The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in February - Washington Is Birthday Last Monday in May - Memorial Day July 4 - Independence Day First. Monday in September - Labor Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving One -half day before Christmas Day December 25 - Christmas Day One -half day before New Year's Day Two Floating Holidays Mien 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. A holiday shall be defined as eight (8) hors of paid time off for regular full -time employees. Effective January 1, 1987 the two floating holidays shall be accrued on a mthly basis and added to the vacation accrual. -37- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION A The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendments permitting ocnversian of unused sick leave to additional retirement credit and the 1959 survivor's benefit; and one year final o=pensatian. SECTION s The City agrees to contribute seven (7) percent of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no optical to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee. It is understood and agreed to by the parties that the City "pick up" of the employee's PERS cm tributian is made in lieu of a wage increase. Therefore, in all o®parisans made with other agencies, seven (7) percent of salaries will be added to the total campensatian provided by the City to the employees. It is further understood and agreed to by the parties that payment of the seven (7) percent PERS contribution is MAP subject to I.R.S. approval of reporting procedures. -38- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 24 The City shall continue a cwpensation program for safety representatives on the basis that each designated safety member shall be compensated at the rate of $10.00 per month. The description of the duties of a safety c mmlittee member shall be designed by the Personnel Director or his/her designee. Zhe intent of the safety representatives is to assist the Personnel Director and the overall safety program in reducing accidents by report; *?g .hazardous conditions. -39 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 25 REOiT= FL�O�IWEAR Effective 1 January 1988 eugployees who are required. by management and do wear protective footwear for safety reasons shall be reimbursed up to $90.00 per year for the purchase of such footwear for 1988 and 1989. Effective 1 January 1990, 1991 and 1992, the maxim= annual reimbursement shall be $100.00. -40- RESOLD'I'ION NO. 6414 (1988 SERIES) A RESOLUTION OF 'E COUNCIL OF UM CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING nE MENOP.VMLM OF AGREII= BETPMEN = CITY OF SAN IUIS OBISPO AND THE SAN I= OBISPO CITY EVA OYEFS' ASSOC=CN FOR `IHE PERIOD OF JANUARY 11 1988 - JUNE 30, 1992. BE IT RESOLVED by the Council of the City of San Iuis Obispo as follows: Section 1. r1he Me orsndLm of Agreement between the City of San LUIS Obispo and the San Luis Obispo City Employees' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adapted 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 •• • • ��r �• J11.• .•I 111 • • •1 1 Hampton, President SLOCEA; Ann Crossey, Personnel Director; William Statler, Finance Director. 0 On motion of Councilwoman Rappa , Seconded Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSEU: None the foregoing Resolution was passed and adopted this 22nd day of March, 1988. R64 14 C Resolution NO. 6414 Y O.q i ty 1 Pam ges Pexsornel Director 0 (1988 series) ei�J e s r Ron Dunin iv b v� � ! j ��,� �� %lr�- �, I �Yt -w� (ice D iSe -� f�yc -�� `��T(,f.Y ���1� ,;: �, �� -. �_ „. „, 1 • 2 3 4 MEmaRANaX OF AGMEME0 5 6 7 BElWM 8 9 10 20 CI'T'Y OF SAN WIS OBISPO 11 12 13 AND ME • 14 15 16 SAN WIS OffiSPO 17 18 19 cast MMOMS ' ASSOCIMICN 20 21 22 23 24 25 JANMW 1, 1988 - JUNE 30, 1992 26 i 27 28 h� J�LI • 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 C � TABLE OF OQ MwM Article No. Title Pace No. 1 Parties to Agreement ............................. 1 2 Recognition ........ ............................... 2 3 Term of Agreement . ............................... 3 4 Renegotiation .................................... 4 5 Salary ............ . ............................... 5 6 Salary Survey Agencies ........................... 10 7 overtime ........................................... 11 8 Longevity .......... ............................... 12 9 Education Incentive ......... ...................... 13 10 Standby ........... ............................... 14 11 Callback ........... ............................... 15 12 Work Out-Of -Class . ............................... 16 13 Teqporary Assignment ............................. 17 14 Payday ............ ............................... 18 15 Paychecks Prior To Vacation ...............- ....... 19 16 Retirement ........ ............................... 20 17 Insurance and Refund .............................. 21 18 Retiree's Medical Insurance ....................... 24 19 State Disability Insurance ........................ 25 20 Holidays ...................................... a.... 27 21 Sick Leave ......... ............................... 28 22 Bereavement leave . ............................... 31 23 Family Leave .. ............................... .... 32 24 Vacation leave .... .........0...........0......... 33 25 Unplanned Vacation ............................... 35 • • 1 2 3� 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Article No. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Title worker's Compensation Leave ...................... Work Schedule ..... ............................... street closure .... ............................... Rain Schedule ..... ............................... Series Praotional opportunity ................... Transfer ........... ............................... Layoffs ........... ............................... Light Duty Assignment ............................ C3;4 ss "I" Physicals ........................ 0..... Employee Lninge ... ............................... Uniform and Uniform Allowance .................... Safety Program .... ..........................:.... Regiired Footwear . ............................... Brployee Rights ... ............................... Grievance Procedure .............................. Representative Role .............................. Committee Representation ......................... Dues Deduction .... ............................... Copies of Agreement .............................. Management Rights . ............................... Smoking Policy ................................... Peaceful Performance ............................. Pull Agreement .... ............................... Savings clause ......................... 0......... Authorized Agents ......................... 0........ Signatures .......... ............................... Page No. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 53 54 55 56 57 58 59 61 62 63 64 • C: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N Article No. Title N AppendixA ........... ............................... RM No. 65 • • \J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ARTICLE 1 PAR= TO AGIUMMM This Agreement is made and entered into this 22nd day of March, 1988, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Mid - Management /Confidential &Plq,ees' Aviation, hereinafter, Association. Nothing in this Agreement between the, parties shall invalidate nor be substituted for any provision in City Resolution No. 3405 unless so stipulated to by provision(s) contained herein and agreed to. -1- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28I • o AMCLE 2 IMCOG=CN Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405, the City hereby recognizes the San Luis Obispo City Employees' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the General Unit with respect to their ccpensation, hours and other terms and conditions of employment for the duration of the Agreement. E 0 U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 A=CLE 3 TERM OF AC:REII4ENT This Agreement shall become effective upon adoption of Council, except that those provisions which have specific implementation dates, shall be implemented on those dates and shall remain in f1L11 form and effect until midnight June 30, 1992. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • r1P,TICN If the Association desires to negotiate a successor Agreewnt, then the Association shall serve upon the City, during February of 1992, its written request to begin negotiations as well as its written proposals for such changes. Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt of the notice and proposals.by the City. 4 i LJ 0 1 2 3 4 5 6 7 8 9 10'' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5 SAIAW SECTION A Rules Governing Step Changes The following rules shall govern step increases for employees: (1) 'The first step is the mini,mm,'rate and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is hired, the Administrative Officer may authorize hiring at any step. (2) The second step is an incentive adjustment to encourage an employee to improve his/her work. An employee may advanced to the second step following the completion of six months satisfactory service upon r+dation by his/her department head and the approval of the Personnel Director. (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced and ordinarily conscientious employee may expect to be paid after a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of six months service at the second step, provided the advancement is recommended by the department head and approved by the Persauiel Director. (4) The fourth and fifth steps are to be awarded only if performance is deemed competent or above as shown on the last performance evaluation. An employee may be advanced to the fourth step after completion of one year of service at the third step provided the advannt is recommended by the department head and approved by the Personnel Director. An empiqee may be advanced to the fifth 5 1 2 3 4' 5' 6 7i 8! 91 loll 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 step after cmrpleticn of two years service (one year for employees who were at fifth step in one classification and then promoted to a lower step in a higher classification) at the fourth step provided the advancement is recommentled and justified in writing by the (5) The above criteria for step increases apply except where other arrangements are authorized by the Adbun;strative Officer. (6) In applying the above rules, the next step shall be granted, other conditions having been met, on the first day of the payroll period within which the anniversary date occurs. (7) Should the employee not be increased, it shall be the privilege of the department head and Administrative Officer to reconsider such increase at any time during the year. (8) Each department head shall be authorized to reevaluate employees 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 to an acceptable level by the end of 60 days. Prior to the end of 60 days the department shall again reevaluate the employee and, as part of that reevaluation, shall notify the employee if the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the •�•� w11. -�• - •_1•- X11.- - - • •.J 1- =�� • �• remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. 2811 6 • n �J 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • SECTION B "In' Ratina 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" rated employee. would receive neither step increases nor salary increases granted by the City Council in an NOA resolution. The "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. For example, if an employee is at step D when "frozen" his salary shall not ever be less then the current step C by this action. SECTION C Computation of Salarv_Ranae Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, muted to the nearest one dollar. Step 4 = 95% of Step 5 Step 3 = 95$ of Step 4 Step 2 = 95$ of Step 3 Step 1 = 95% of Step 2 Each across -the -board % salary increase shall raise step 5 of range 1 by that %. Step 5 of each successive salary.range will 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 airung steps established in accordance with the above formula. SE=CN D Salary Provision for the Term of Aunt 1. The parties agree to a salary increase of four percent (0) effective for January 1988 for all employees covered by this Agreement who are City employees on the day this Agreement is formally approved by the City Council. By agreement of both parties 1FA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • formally approved by the City Council. By agreement of both garti the pay adjustment required for the period from the first day of the pay period in which 1 January 1988 occurs, to the implementation date of this Agreement shall be computed at four percent (4.%) of the gross earnings of each employee eligible during that time period. 2. The parties agree to salary increases as set forth below to be effective on the first day of the first full payee 1 in the month listed, for all employees employed by the City on the effective date of the increases beginning in July 1988: July 1988 - 4% July 1989 - 5% July 1990 - 5% July 1991 - 5% January 1992 - 3% 3. Consumer Price Index From October 25 to November 15 of the appropriate year, the Association shall have the option of opening negotiations in either the third, fourth, or fifth year of the NDA on the single issue of salaries and one other subject chosen by the Association. Such option shall exist, if and only if, the CPI, as provided below, exceeds seven (7) percent in the second, third or fourth year. That is, if the CPI in September of the second year (1989) exceeds 7 %, then the Association has the option of rejecting the increase provided hereinabove and instead asking that negotiations mince for year three (calendar year (1990) of the NDA. 8 • i • 11 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 if the Association exercises its option to open, then the salary increase scheduled for that year shall not apply, and the increase that shall apply shall be that which results from the negotiations process, including i _rise• If the Association exercises its right to open the MDA, the City shall have the right to open on two subjects of its choice which shall be negotiated simultaneously with salary and the other subject chosen by the Association. The balance of the MDA shall remain in full force and effect. The Consumer Price Index referred to above shall be the average of the Los Angeles- Anaheim - Riverside and San and -San Jose CPI-U indexes for September /September of the appropriate year, all items, (1982 -84= 100)', as published on or about the 20th of October by the Bureau of Tabor Statistics, U. S. Department of Labor. 9 1 2 3 4 5 6 7 8 9 .10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • M AMCIZ 6 SAIARY SURVEY AMNCIES City agrees to use mid-management salary survey agencies when this IAA is renegotiated. Parties agree that this survey shall only be one of the cwLsiderations used to determine ccmtpensation. 10 • 0 i 1 2 3 4 5 6 7 8 9 10 .11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! o M.) 114YkNOD&A A. DEF2=ON Overtime is defined as all hours ordered by management and worked by the employee in excess of forty (40) hours worked in a workweek. Holidays and sick.leave will be counted as hours worked for purposes of overtime. All overtime shall be authorized in, writing by the department head prior to being compensated. B. OOiP'FNSA=ON Overtime shall be compensated in cash at one and one half (1 1/2) tires the employee's regular rate of-pay, or in time off (CIO) at the rate of one and one -half (1 1/2) hours for each hour of overtime worked. All overtime shall be compensated to the nearest five (5) misrutes worked. C. CMCEUSATCRY ME OFF (CIO) . An employee eligible for overtime �+pe*+sation may elect compensation in the form of time off (CIO). An employee shall be compensated in CM only if the employee's department head approved such compensation. An employee may not be compensated in CIO for more than sixty (60) hours of overtime worked in the calendar year. Accumulated CIP riot taken within the calendar year, shall be compensated in cash at straight time. Such compensation shall be paid in January of the following year. Lbj 11 ©1 BE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • AFUIC E a T-ONM lTY A. Employees with hire dates after December 31, 1973. Effective 1 January 1983 no employees will become eligible for longevity pay and employees then receiving longevity pay shall receive no increases in longevity pay based on additional service with the City. B. Employees with hire dates prior to January 1, 1973. Each employee shall be paid an additional one percent (1 %) of his base salary step following ten years of continuous Rill -tune service with the City. An additional one percent (1%) of base salary will be added for each subsequent five -year period, calculated to the nearest one dollar ($1.00). C. In the event an employee receiving longevity pay is not performing up to the established standards set for the job, the department head with the of the City Administrative Officer, may suspend payment of the longevity pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and with the concurrence of the City Administrative Officer. D. The department head shall notify the employee in writing that he intends to suspend the longevity pay unless the employee's job performance improves significantly within a 60-day period. If the employee's job performance does not improve to the desired level by the end of 60 days, the pay reduction shall then become effective. Longevity pay may be reinstated at any time upon reocmwndation of the department head. If the department head deems it necessary to again remove longevity pay during the same fiscal year, he may make the change at any time with three business days written notice. 12 0 0 1 2 3 4 5 6 7 8 9 10. 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • A=CLE 9 EDUCATION INCENTIVE Effective 1 January 1983, no new employees will become eligible for education incentive pay and employees currently receiving education incentive pay shall . receive no increases in education incentive pay based on additional education received; except that, employees who, in the opinion of the department head, have been working toward a degree which will make them. eligible for education, incentive pay and will complete such work by 31 December 1982, shall be i eligible for education incentive. 13 1 2 3 4 5'' .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28I ARTICLE 10 , STANDBY A. Stay duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; Be readily available at all hours by telephone or other agreed -upon co�rnication equipment; and Refrain from activities which might impair his/her assigned duties upon call. B. An employee assigned to standby duty by management receives 15 dollars ($15.00) for each week day, twenty dollars ($20.00) for each weekend day, and thirty dollars ($30.00) for each holiday of such assignment. Effective January 1988, such amounts shall increase to twenty dollars ($20.00) for each week day, twenty-five dollars ($25.00) for each weeken day, and thirty dollars ($30.00) for each holiday of such assignment. Effective January 1990, such amounts shall increase to twenty -five dollars ($25.00), thirty dollars ($30.00), and thirty -five dollars ($35.00) respectively. C. For a return to work as part of a STAND BY assignment, as defined above, the City will guarantee either two (2) hours pay in cash at straight time or pay at time and one -half for time actually worked, whichever is greater. D. Me parties agree that employees on standby, as defined above, are , %resit i g to be engaged.." 14 • • 1' 2' 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c M A. EEFI=CN Callback is defined as that circx tance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's workshift or workweek; or Ex0ept that, an early call -in of up to two (2) hours prior to the scheduled start or a workshift shall not be considered a callback. B. COKPENSATION For an unexpected return to work, as defined in A above, the City will guarantee either four (4) hours.pay in cash at. straight time or pay at time and one -half for time acbml y worked, whichever is greater. If an employee, who was called back and has completed his/her assignment and left work, is again called back to work, he/she will not receive another mini=_ if the return is within the original mini=,. W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 27 28 � o ARTICLE 12 WORK OUT- OF-CLASSIFICATION A. OUT- OF-CLASS ASSIGNMENT For the purposes of this article, an out -of -class assignment is the full -time performance of all the significant duties of an available, funded position in one classification by an individual in a position on another classification. An employee assigned in writing by management to work out -of -class on a position assigned a higher pay range and is vacant pending an exmminaticn or is vacant due to an extended sick leave, shall receive five percent (5%), but in no case more than the fifth step of the higher class, in addition to their regular base rate commencing on the eleventh consecutive workday on the out -of -class assic=ernt. B. SEASCML SUPERVISION If, in addition to his/her regularly assigned employees, a crew leader A responsible for an additional ten (10) or more temporary workers for a period exceeding 10 consecutive work clays, such crew leader shall receive . additional pay of 5% commencing with the 11th day. If, in addition to his /her regularly assigned duties, a heavy Equipment Operator or a Maintenance Worker II is responsible for ten (10) or more temporary workers for a period exceeding 10 consecutive work days, such employee shall receive additional pay of 5% commencing with the 11th day. 16 • • 1 21 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 o • ARTICLE 13 TEMPCRARX ASSIGZ= An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his /her regular duties and position from which he /she was detailed. Such action shall have the prior approval of the Personnel Director. An appointing authority may assign an employee to a different position for a Period of time not to exceed 90 days, provided the employee has received 24 hours written notice which includes reasons for the assignment. 17 1' 2I 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C� 0 ARTICLE 14 PAYDAY Paychecks wi11 be disbursed on a biweekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the C1tyis control. 18 • • • 1 2 3 4 5 6 7' 8i 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c� o ARTICLE 15 PAYCHECKS PRIOR TO VACATION If an employee is taking vacation leave and wishes to receive his/her 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 cc ing to cover the pay period. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 L, 28 • ARTICLE 16 RETIREMENT A. The City agrees to provide the Public Employees' Retirement Systemss's 2% at age 60 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit and the 1959 survivor's benefit; and one year final compensation. B. The City agrees to contribute seven percent (7 %) of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute seven percent (7 %) of salary 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. It is understood and agreed to by the parties that the City "pick up" of the employee's PERS contribution is made in lieu of a wage , increase. Therefore, in all comparisons made with other agencies, seven percent (7 %) of salaries will be added to the total compensation provided by the City to the employees. It is further understood and agreed to by the parties that payment of the seven percent (7%) PERS contribution is made subject to I.R.S. approval of reporting procedures. • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o � ARTICLE 17 INSURANCE AND REFUND A. INSURANCE BENEF'TI' FUNDING & REND AMO= The City shall contribute the following amounts per month for medical, dental, vision and life insurance for each regular,-full time employee covered by this agreement and these amounts shall be used to calculate any refunds. Effective Date Amount January, 1988 $245.00 January, 1989 $255.00 January, 1990 $265.00 January, 1991 $275.00 January, 1992 $285.00 In addition, it is agreed that if the monthly Employee + 1 premium for the City's HMD medical plan (currently Health Net) increases cumulatively by more that $20.00 per month in any subsequent year during the term of this contract, one half (1/2) of the increase'above $20.00 shall be paid by the City for any employee whose cc m age is at the Employee + 1 or Employee + 2 level, regardless of the plan in which he /she is enrolled. That is, if the cost for the HMO (Health Net) for Employee + 1 coverage exceeds the following listed amounts one -half the excess will be directly paid by the City. The current 1988 premium for Employee + 1 for the HND is $170. In order for funding of an excess amount to occur the (HNC) Employee + 1 rates would need to be greater than $190.10 for 1989, greater than $210.10 for 1990, greater than $230 for 1991, and greater than $250.00 for 1992. This additional payment shall not be considered part of the benefit amount and will r_ paid directly in addition to the .benefit amount. 21 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • .0 Example' Current Increased Additional Premium Premiim for Amount above Amount Paid for FM HMO -in 1989 Difference - $20.00_ by City/mo. $170.10* $210.10* $40.00 $20.00 $10.00 ** *Monthly premium for FM at the Employee + 1 level. * *Additianal amount to be paid for all employees enrolled at the Employee, + 1 or Employee + 2 level, regardless of plan. B. INSURANCE COVERAGE Each employee shall be covered by the medical, dental and life insurance. If an employee selects dependent coverage, they shall have dependent coverage for each insurance plan that provides dependent coverage. If during an enrollment period an employee selects dependent coverage, such coverage shall apply to all eligible dependents and shall remain effect at least twelve (12) months or as provided by the applicable insurance contract. The City will provide a minimum of thirty days notice of any medical plan rate increase during the contract period. C. T •rte INsURANCE Effective January 1, 1989 employees in the General Unit shall have the life insurance coverage increased from $20,000 to $25,000. Additionally by the fall of 1989 proposals will be requested from venders for increased life insurance to $100,000 overage at employee cost. D. ITT FUNDING REFUND City shall pay to each full -time, regular employee, during December, but prior to Christmas, an annual lump sum payment for the difference between the City's actual annual insurance contribution and the amount actually used by .he ems- yee for insurance coverage, less the unit average sal - 22 • 0 • 1 2 3; 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 related payroll cost applicable to the difference. Such unit average salary related costs shall be determined by the City. E. MEDICAL PLAN REVIEW CCHNI= The General Unit shall have two Members appointed by the SID Emplcyees Association serve on the Medical Plan review cmmattee. The purpose of the Committee shall be to determine appropriate plan revisions and cost c;ontainmeat measures, F. City agrees to pay for medical insurance coverage for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive regular- City health payment benefit for the first two pay periods following the pay period in which the employee's accrued vacation and sick.leave balances reach zero (0). 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 0 ARTICLE 18 RETIREE'S MEDICAL INSURANCE A. Employees covered by this Agreement who meet all of the conditions set forth below are eligible to participate in the group medical coverage provided by the City at group rate paid totally by the employee. The qualifying conditions are: 1. The employee must retire from City service, apply for and actually receive: etirement benefits through the City's retirement system 2. The employee must be at least 50 years of age. 3. The employee mist have at least -,,:en (10) years of service with the City. 4. The employee may have dependent coverage only for those dependents covered for the last year of employment with the City. 5. All employee and dependent coverage will cease upon the death of tl employee or upon the employee reaching age 65. B. The benefit only applies to employees who retired on or since l January 1983. This benefit shall continue beyond 30 June 1992 if, and only if, there is mutual agreement of the parties to continue such benefit. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26I • 27 28I Of-aw 01 STATE DISABILITY - INSURANCE A. COVERAGE All employees shall be covered by State Disability Insurance (SDI). B. COST OF SDI The employee shall pay all costs of the program, which the City shall deduct from employees' paychecks. Current costs are understood to be 1.20% (.012) of the first $21,900 in annual wages. C. ACCUNII]LATION OF BENEFITS Time -in- service and other City benefits will only accrue when an employee is on City- pad,tme. D. COORDIN -ATTM OF BEFITS 1. SDI payments shall be coordinated with accumulated paid time so that take, home pay will not eaceed.re4ular take home pay. Paid time is defined as, vacation, sick leave, CIO, and holiday. 2. The coordination of payments will be administered.by the City. The employee Waist take h1s /her uncashed SDI benefit check to finance. a. Determination of the use of paid time for coordination of benefits, shall be.made by the City. Employees on disability leave shall be required to use all accumulated paid time prior to using unpaid time. b. Employees who receive SDI benefits, shall receive credit for a portion of the paid leave used to cover their absence. To determine the credit, the amount of their SDI benefit shall be divided by their base hourly rate multiplied by 1.4. The credit shall be prorated if the employee has any non -paid thre during the pay period. To receive the credit, the employee 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 must sign his/her SDI benefit check over to the City. EXAMPLE: Employee uses 80 hours of sick.leave. Employee receives $384 from SDI. Employee's hourly rate is $9.67. 1.4 x $9.67 = $13.54 $384 / $13.54 = 28.36 hours. The eo�p16yee receives a credit of 28.36 hours. E. ACMUNI, OF BENEFITS *= ON SDI LEAVE 1. If an employee has no paid time at the beginning of a pay period, the employee shall neither accrue vacation or sick leave, nor shall the employee receive his/her regular City health payment benefit except as provided in 43 below. To continue health insurance, the employee will have to pay the entire cost of his /her health ooverag for that pay period• 2. If an employee has at least sixteen hours of paid time at the beginning of a pay period, the employee shall receive his/her regular vacation and sick leave accruals. 3. If an employee has any paid time at the beginning of a pay period, the employee shall receive his/her regular City health payment benefit for that-pay period. For continuance of medical insurance see Insurance and Refund, Article 17, Section F. F. WIUMRAWAL FROM SDI If this unit chooses to withdraw from SDI after the required two (2) years membership, it must present a majority petition indicating such desire. 26 • C7 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ARTICLE 20 HOLIDAYS The following days of each year,are designated as paid - holidays: January 1 - New Year's Day Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day November 11 - Veteran's Day; Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas Cne -half day before Christmas One -half day before New Year's Day Three Floating Holidays Mien 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. A holiday shall be defined As eight (8) hours of paid time off for regular full -time employees. Floating holiday accrual: An individual employed on a floating holiday (FH) accrual date shall be credited with eight (8) hours of additional vacation. Use, carry -over, aeration, etc. of such vacation shall be subject to the same rules and.procedures that cover all accrued vacation. If there are three (3) floating holidays, the accrual dates are 1 January, 1 May, and l September. 27 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • o ARTICLE 21 , SICK IZAVE A. Sick leave shall be defined as absence F duty because of illness or off -the -job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Riles governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of twelve (12) days or the shift equivalent per year of continuous service since the benefit date. 2. Sick leave may be used after the ccupletion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the City Administrative Officer for the uses of sick leave in their departments. , 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five (5) consecutive working days by personnel in his/her department. Such proof may be required for periods less than five (5) consecutive working days where there exists an indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to cxaply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action. , 28 • • U 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • 7. Any employee absent for an extended illness or other physical disability may be required by the Personnel Director to have an ex3M nat on by the City's medical examiner at City expense prior to reinstatement to the City service. .8 An appointing authority, subject to approval of the Personnel Director, may require any employee. to be medically examine] where reasonable cause exists to believe that an employee has a medical condition which inpairs his /her job effectiveness or may endanger the health, safety or welfare of the employees, other employees, or the public. Exployees who are judged to be physically incapable of meeting normalrequ cements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick.leave benefits become exhausted clue to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of the Personnel ?hales. For continuation of medical insurance see Insurance and Refund, Article 17, Section F. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the city. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sick -iess disability benefits after separation fr= the services of the City. Mien an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the +employee; eligible for such payments as required by state law. nip- amount paid by the City shall be the difference between the amount received by the employee from the 29 1 2 3 4 5 6' 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s • • City's cogmnsation 'insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other compensation other than business or activity cmumczted with his/her City employment. 12. Accu milation of sick leave days shall be unlimited. 13. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's ablated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedLle: (a) Death - 25% , (b) Retirement and actual commencement of PIM benefits: (1) After ten years of continuous employment - lob (2) After twenty years of continuous employment - 15% 30 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M M ARTICLE 22 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step parent, step- brother, step- sister, grandparent, or any other relative living in the same household,' provided such leave as defined in this section shall not exceed five (5) working days (40 hours) for each incident. 4he employee may be required to submit proof of relative's death before being granted sick leave pay. False information cmxmrnuq the death or relationship shall be cause for discharge. 01 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 N ARTICLE .23 FAMILY LEAVE A. An employee may take up to two (2) days (16 hours) of sick leave per year If required to be away from the job to personally care for a member of his/her immediate family. B. An employee may take up to five (5) days (40 hours) of sick leave per year if the family member is part of the employee's household. C. An employee may take up to seven (7) (56 hours) days of sick leave per year if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. D. For purposes of this article, immediate family is defined as spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brothe step- sister, grandparent, or any other relative living in the same household. E. The amounts shown in A, B, and C above are annual maximmns, not maxi_,m, s per qualifying family member. 32 • n LJ 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O p ARTICLE-24 VACATION LEAVE A. Each incumbent of a 40 hour a week line - item.position shall accrue vacation leave with pay at the rate. of 12 days (96 hours) per year of continuous service since the benefit date for the first five years, 15 days (120 hours) per year upon ccanpleton of five years, 18 days (144 hours) per year upon ccmpleticn of ten years, and 20 days (160 hours) upon ccupletion of twenty years. B. An incumbent is not eligible to use accrued vacation leave until it has been accrued, and approved as provided below. C. A regular employee who leaves the City service shall receive payment for any unused vacation leave. D. It is the employee's responsibility to request and use vacation in a manner that neither jeopardizes their vacation balance nor the efficiency of the work. unit. Vacation schedules must be reviewed by management prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Management may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, management may approve a two -month extension of maximum vacation accrual. In no event shall more than one such extension be granted in any calendar year. E. Any employee who is on approved vacation leave and becomes eligible for sick leave, as defined in Section 2.36.420 of the Municipal Code, may have such time credited as sick leave under the following conditions: 1. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 supervisor upon returning to work. q 2. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978 Series) F. EFFECTIVE 1 JANUM 1987 Vacation leave shall be accrued as earned through 31 December up to a maxim= of twice the annual rate. 34 • • 1 2 3 4 5' 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MI K ARTICLE 25 LWPlANNEm VACATION An employee may use up to two days of vacation annually as personal leave days. It is preferred but not required that a personal leave day be scheduled in advance. If a day is taken which has not been scheduled in advance, the employee must notify his/her supervisor directly, within the first half hour of the work shift. If in the sole judgement of management, the employee's absence would cause a severe disruption of City business, management may require the employee to report to work. In such case, the time lost by the late arrival will be charged against the employee's mated vacation or compensatory time off balance. An employee may not use more than two unplanned vacation days per calendar year. This benefit shall only be in effect during the te= of this agreement and shall terminate effective 30 June of the last year of the term of this agreement. 35 1' 2 3 4 5 6 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • ARTICLE 26 WOR=' 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 business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. For continuation of medical insurance see Dmu nce and Refund, Article 17, Section F. 36 0 i • 1 2 3 4 5. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AFQICTE 27 LORI{ SCHED= This article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or hours of work per week, or of days of work per week. Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without reasonable prior- written notice to the employee and the Personnel Director. Neither callback nor overtime constitute a change in workshift. All references to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one (1) day being equivalent to eight (8) hours. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 ARTICLE 28 E STREET CLOSURE A. At City option, a regular, full -time employee may have his/her shift extended to perform Thursday evening street closure. 1. For purposes of this article, street closure means setting up, taking down, and storing, barricades and other devices used to contr 1 traffic. 2. At city option, employees assigned to street closure may be assigned duties in addition to street closure. B. A regular, full -time employee whose shift is extended to perform Thursday evening street closure, as defined above, shall have his/her work day extended a minimum of four and one -half (4.1/2) work hours, with an additional one (1) hour unpaid meal period. 4 The work hours shall be overtime and shall be compensated as provided in Article 7, Overtime. 38 • n U 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 0 ARTICLE 29 RAIN sCF�TI,E Employees at the City Wastewater Treatment Plant, who are subject to short notice shift changes to operate the plant during rains, shall receive an allowance of $200 per year payable in $50 /month installments during the months of January, February, March and December, provided said employees were in a full working employment status during the months specified. (This Provision shall be effective January 1, 1984.) 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' 23 24. 25 26 27 28 • ! ARTICLE 30 SERIES PRCN=CM.r oPPCTM= A. EMPloyees in classifications which are part of a series (levels of related classifications), shall have the Opportunity to advance within the series to the highest working class. Such advancement shall be based on their attainment and demonstrated performance of, the required skills, knowledges, abilities and/or required certification, and the relation of the department head. B. Employees who meet the mini,m,m requirements for the next level position will be given an opportunity during each calendar year to be approved for advancement. i C. Specific guidelines shall be developed, updated as necessary, and available in the respective departments and the Personnel Department, outlining the prerequisite knowledges, skills, and abilities that must l� met as a condition of advancement. D. The non- ecupetitive promotion action shall be treated as any other promotion as outlined in the Personnel Rules and Regulations. 40 • 0 LI 1 2 3 4 5 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 ARTICLE 31 TRANSFER N A. TRANSFER REOUFST E.MPloyees who want to transfer may notify the City by filing a form with the Personnel Department. Such form shall be developed and made available by the Personnel Department. B. TRANSFER PROCESS Upon proper notice and concurrence by the City.Administrative Officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he/she possesses the minim= qualifications as determined by the Personnel Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City A&dnistrative officer orders the transfer for purposes of economy and efficiency. The employee sha11 be. given five (5) business days' written notice of the transfer including the reason for the change. 41 1 2, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i s =C-E 32 LAYOFFS A. In the event of a layoff, employees who have been promoted during their service with the City may bump back one classification in their career series to a position they formerly held, if there is an employee in the lower classification with less seniority than the employee who wants to bump. A career series would be Utility Maintenance Leader and Utility Maintenance Worker II. B. Employees on layoff shall be offered re- employment in the inverse order of layoff, provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. Employees recalled to work shall return to work at the time specified the City. The City shall give the employee reasonable advance notice. Employees who fail to report to work shall be considered as having resigned. Any laid -off employee who refuses an offer of employment to the classification from which they were laid off shall be considered as having resigned. Employees on a layoff re- employment list, shall have preference over new hires. 42 n LJ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C� ARTICLE 33 LIGHT I7CPrit ASSIC,tIl�NT If an employee's medical condition temporarily precludes the performance of his/her normal duties and management determines modified work is available and necessary to be performed, he or she may, with medical authorization, be temporarily assigned to such work for a period not to exceed six months. No change in base pay will result unless the duties to be performed are substantially greater or lesser than those normally performed by the employee and the employee's current pay rate is not within the pay range for the temporarily assigned work. In no event shall and employee's current pay rate be reduced more than four (4) ranges at the same step. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 0 s ARTICLE .34 , CLASS "l" PHYSICALS The city will pay for costs for physical exams not covered by city insurance policies required for those employees required by the City to hold valid Class 111" California drivers licenses. 44 n L_J 0 i 1 2 3 4 5 6 7i 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 A=CLE 35 EMPLOYEE LOUNGE City shall maintain an employee lounge in space located at the rear of the City Council Cumber. !i-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 36 UNItOM AND UNIFORM ALLDS�INCE A. The secretaries and clerk typists in the Police Department shall receive7 a one hundred and twenty -five dollar ($125.00) uniform allowance quarterly. B. This allowance shall not be paid for any employee who is off duty for more than three pay periods. If the employee returns to work during that quarter, his/her uniform allowance will be prorated. C. All other employees required to wear city uniforms shall be provided clean uniforms. A uniform includes either one shirt and pants cambinaticn or one pair of coveralls. D. Uniforms and work shoes shall only be used on City business E. Employees required to wear City uniforms shall only be permitted to wear other clothing for medical reasons upon submission of a letter from the city doctor certifying that the city uniform is injurious to their health. Decisions regarding this paragraph sha11 be made by the Personnel Director on a case -by -case basis. 46 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • AIMCLE 37 sA= PRXM M The City shall continue a compensation program for safety representatives on the basis that each designated safety member shall be cmVensated at the rate of $10.00 per month. The description of the duties of a safety committee member shall be designed by the Personnel Director or his/her designee. The intent of the safety representatives is to assist the Personnel Director and the Overall safety program in reducing accidents by reporting hazardous conditions. 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 38 REQTJIRED FOOTWEAR Effective 1 January 1988, employees required by management to wear protective l' footwear for safety reasons shall be reimbursed up to $90.00 per year for the purchase of such footwear for 1988 and 1989. Effective 1 January 1990; 1991 and 1992, the maximum annual reimbursement shall be one hundred dollars ($100.00). The additional ten dollar ($10.00) increment shall not be considered as part of the c mp nsation package negotiated by the Association. As such, the increment shall not be included in the total compensation percentage increase agreed upon by the parties. 48 • r] n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G ARTICLE 39 EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their am choosing for the purpose of representation on all matters of employer- employee relations including but not limited to, wages, hours and other terns 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 riot 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. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .h: ��► /c � � �;,� «��: rya A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorand= of Agreement, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accxmqany him /her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employes, 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 t-) 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. The department head shall pra ptly 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 employes is dissatisfied with the department head's decision, 50 L' • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C� ! the employee may immediately submit the grievance in writing to the Personnel Director within seven (7) business days 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 tither 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 so desires before rendering a decision with respect to the complaint. 1Ihe 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 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 reoonnexis overruling or modifying the City Administrative Officer's 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IT 18, 19 20 21 22 23 24 25 26 2i 28 0 • decision, the City Acb?n stratiN-r Officer shall comply or appeal this recaz*+endation 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. 52 • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O N AMCLE 41 �- - i a kip P.M V lin an 00 } Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization, one employee observer, and the Association President 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 name(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. (z) 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 �� 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 42 ' TIE= REPRESENTATION A. If the Director of Personnel establishes a cmmittee to study possible changes which will affect significant numbers of employees in the unit in subjects within the scope of representation, and if the Personnel Director includes unit members on the cmnittee, such c==ittee members shall be designated by the Personnel Director after consultation with the Association. This unit shall have the same number of committee members as each other unit has. B. Two representatives of the bargaining unit designated by the Association and two representatives of management designated by the City shall meet on a Quarterly basis to discuss issues of concern to the parties. The , first such meetiM shall be in April of 1988. 54 0 i • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 •18 19 20 21 22 23 24 25 26 27 28 c • AM7CIEE 43 DUES DEDUCTION The City shall deduct dues from City employees and remit said dues to the Association on a bi-weekly basis for the duration of this Agreement, which dues shall not include assessments. Bi- weekly 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 bi- weekly to the Association Treasurer. The Association shall hold the City harmless from any and all claims, and will rode nify it against any unusual costs in implementing these provisions. the Association shall refund to the City any amount paid to it in error upon presentation of supporting evidence. 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16, 171 18 19 20 21 22 23 24 25 26 27 28 N ARTICLE 44 COPIES OF AGREEN�39T Parties agree City shall provide thirty (30) copies of the Agreement to the Association. Association shall pay 1/2 City's actual cost. Parties shall consult concerning size and format of printed agreement and concerning who does the printing of the agreement. 56 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N • ARTICLE 45 MMMGDM RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, ccmaissions 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 ccmplete control and discretion over its organization and the technology of performing its work. 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1911 20' 21 22 23 24 25 26 27 28 0 0 ARTICLE 46 SMOKING POLICY Parties agree to abide by the City's smoking policy. 58 • 1 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 . 27' 28 o ARTICLE 47 If an employee participates in a strike or a concerted work stoppage, the City may apply discipline: up to and including discharge. However, 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 -dowh, 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 this article, the City, in addition to any other lawful remedies of disciplinary actions, may by action of the Minicipal 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. Employees 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 customary manner and at a reasonable level of efficiency, provided there is work to perform. Any decision made under the provisions of the Article may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2-1 28 • • accompanied by a conplete statement setting forth all of the facts upon whi the appeal is based. Such Notice of Appeal must be filed within ten (10) 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. 60 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 48 F= AcREEgENT It is understood this Agreement represents a complete and finial understanding on all negotiable issues between the City and the Association. The 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. 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 99 23 24 25 26 27 28 ARTICLE 49 1 SAVINGS C7AU5E If any provision of this Agreement should be held invalid by operation of law or by any court of coupetent jurisdiction, or if coupliance with or enforcement of any provision should be restrained by any tribunal, the remauxler of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a 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). 62 n U 1 2 3 4 E f c 1( ll 1` 1: 1� V 11 1' V V 2+ 2 2' 2; 2 2. 2 'L' 2 0 • ARTICLE 50 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: 990 Palm Street, San Luis Obispo, California 93403: (805) 549- 7139). B. Management's principal authorized agent shall be the Personnel Director or his/her duly authorized representative (address: P.O. Box 8100, Sari Luis Obispo, CA 93403 -8100• telephone: (805) 549 - 7252). 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 51 SIGWOJM Classifications covered by this Agreement and included within this unit are shown in Appendix "Au . This Agreement becomes effective March 22, 1988 as witnessed hereto by the following parties: CITY. OF SAN IRIS OBISPO Don Becker, City Consultant Ann Crossey, Persorziel Director Other City - Neaot/inci_Team members: Toby Ross, Assistant CAO Bill Hetland, Utilities Manager SAN ILIS OBISPO CM EMPLOYEES' ASSOCIATION Gerald Lem=, SIOCEA Consultant V76nne Hampton, PresidentV Other SIOCEA Neaotiatincr Team Members: George Bradley Randy Miller. Bernie Ries Dave Smith, Alternate 64 • r 1 U • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • APPENDIX A CTASSIFICAT ONS Clerical .Clerk Typist .Clerical Assistant I .Clerical Assistant II .Secretary I .Secretary II. Human Relations Aide Executive Secretary .Account Clerk I .Account Clerk II .Account Clerk III Ca.gmter Systems Technician Accounting Technician Assistant Treasurer .Records Clerk I. .Records Clerk rI Supervising Records Clerk Recreation Coordinator I Recreation Coordinator II Maiiite �.nce .Janitor I .Janitor II .Maintenance Worker Trainee .Maintenance Worker I . Maintenance Worker II - Parks .Maintenance Worker IT - Streets Street Painter Crew Leader - Parks Crew Tender — streets Maintenance. Technician .Tree Trimmer I .Tree Trimmer II Pool Technician Heavy Equipment Operator Heavy Equipment Mechanic Signal Miaintenazice Electrician Miscellaneous Health & Fitness Coordinator Public Education Specialist Technical Systems Coordinator (Page 1 of 2) Dots (.) designate positions within a classification series. 65 e �r RESOLUTION NO. 6413 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT BE IT RESOLVED by the Council of the City of San Luis Obispo as 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 costs shall be paid within five (5) days after the date 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 are shown on Exhibit "A ". SECTION 3. If the assessment is $1000 or more, payment may be made in three annual installments at seven percent (7 %) interest subject to all the curative clauses and powers of the 1911 Act. The property owners addresses and construction costs are shown in Exhibit "B ". VA/1 t q c • Resolution No. 6413 1988 Series on motion Of Councilman Settle , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 15th day Of March , 1988. P �f�'yor RON DUNIN ATTEST: p� V city ci rk PAM VOG APPROVED: Public Works Director propown /dfr #7 SIDEWALK ASSESSMENTS EXHIBIT A exa /dfr #l0 OWNER LOCATION AMOUNT R. & K. Dettmer 640 High Street $ 760.00 (Upham Street side) F. & R.M. Abitia 299 Cerro Romauldo 975.00 Richard L. Walker, Tr. 190 Stenner Street 1,222.00 W. R. Spencer, Jr. 1222 Ella Street 1,236.00 John Magee 1206 Murray and Stenner 3,587.50 Street side exa /dfr #l0 C Q OWNER W. & N.E. Thurmond K. & D.L. Bittleson R.E. & M.E. McCorle J.M. & P.A. Rappa J.A. & D.M. Dana exb /dfr #10 SIDEWALK ASSESSMENTS EXHIBIT B LOCATION AMOUNT 139- 41 -51 -53 Casa St. 638 Woodbridge Street 132 -136 Stenner Street 2022 Ruth Street (Ella Street side) 130 High Street $1,194.00 1,222.00 1,210.00 1,287.00 5,552.84 C • RESOLUTION NO. 6412 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRATING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR TRACT 1261 LOCATED AT 133 ROSITA STREET WHEREAS, the subdivider request's a twelve -month time extension to meet conditions necessary to receive final approval, including installation of required improvements; and WHEREAS, reasonable progress has been made toward completing subdivision improvements and filing of the final map; and WHEREAS, the circumstances and findings of original tract approval are unchanged; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Tract 1261 is granted a twelve -month time extension to April 2, 1989; subject to original tract map findings and conditions as specified in City Council Resolution No. 5651 (1985 Series) attached hereto. On motion of Councilman •Reiss,•seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Reiss, Rappa, Pinard, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 15th day of March , 1988. Mayor RON DUNIN ATTEST: City Clerk PAM VOGES R64 12 Resolution No. 6412 (1988 Series) Tract 1261 Page 2 APPROVED: City Ad 'nistrative Officer - 12,",-F-T City Att ney Community Development Director ds;data# l;resrosit c� o RESOLUTION NO. 5651 (1985 Series) A RESOLUTION OF T1E MUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1261 LOCATED AT 133 AND 155 ROSITA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION I. Findings. That this council, after consideration of the tentative map of Tract 1261 and the Planning Commission's recamendations, staff recommendations and reports thereon, makes the following findings: L. In accordance with state and city environmental review guidelines, an initial environmental study (ER 1 -85) has been prepared and a negative declaration was approved by the Director February 13, 1985. 2. The tentative map is consistent with the general plan. 3. The site is physically suitable for the proposed type and density of development allowed by the R -1 zone. 4. 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. 5. The design of the subdivision and the type of improvements are not Likely to cause public health problems. 6. The design of the subdivision and the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 7. Certain exceptions are granted subject to these findings: A. That the property to be divided is of such size and shape that it is impractical or undesirable to conform to the strict application of city regulations; and B. That cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the rmdification: and C. That the modification will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity; and D. That granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the general plan. 1 • r r. r 1 C o Resolution No. 5651 (1985 Series) Tract 1261 Page 2 Section 2. Exceptions. That the approval of the tentative map for Tract 1261 shall be subject to the following exceptions: 1. The areas of lots 1 and 2 are 5,000 square feet each, instead of a minimm 6,000 square feet. 2. The area of lot 3 is 6,000 square feet instead of the minimum 6,900 square feet. 3. The depth -to -width ratios of lots 4 and 5 are 3.2:1 instead of the auxiuvrn 3:1. 4. The longest dimensions of lots 4 and 5 are oriented perpendicular to south, rather than within 30 degrees of south. 5. The width of sidewalk (four feet instead of six feet) and roadway (32 instead of 40 feet) of Rosita Street are less than standard. SECTION 3. Conditions. That the approval of the tentative map for Tract 1261 be subject to the following conditions: 1. Applicant shall remove storage building, sheds, and garages as noted on the tentative map. 2. Applicant shall rerrove or relocate outside of required setbacks the shed on lot 1. 3. Applicant shall rerrove the garage on lot 3. 4. Applicant shall provide off - street parking as required by the Zoning Regulations for lots 1, 2, 3, and 6. 5. Subdivider shall pay water frontage and acreage fees as determined by the City Engineer, with credit for existing services. 6. Subdivider shall install individual water and sewer laterals for each lot. Existing water laterals and meters shall be relocated as needed to meet current standards. 7. Subdivider shall provide a private drainage easement along the east property line'of lots 4, 5, and 7 to Foothill Boulevard. 8. Subdivider shall provide for undergrounding of new utility services to the subdivision (except those on Cerro Romauldo and Foothill Boulevard) to the approval of the utility ccuipanies and the City Engineer. C1 ! Resolution No. 5651 (1985 Series) Tract 1261 Page 3 9. Subdivider shall install or reconstruct frontage imrovements along Cerro Ranauldo, Rosita Street, and Foothill Boulevard (including handicap rams in both curb- returns at Foothill Boulevard) and one -half street improvements on Cerro Romauldo and paving on Rosita Street to meet the new gutter grade, all to the approval of the City Engineer. 10. Final map shall include the following notes: A. "The parts of lots 6 and 7 within fifty feet of Foothill Boulevard are subject to traffic noise which exceeds city standards for outdoor residential use." B. "Houses constructed on lots 6 and 7 shall be sound- proofed consistent with the general plan Noise Element to provide interior sound levels not to exceed 45 dB(A)." C. "on lots 6 and 7, for any new houses or for remodelling of the existing house involving more than 50% of its replacement value, measures to reduce outdoor noise to acceptable levels for active use areas shall be provided to the approval of the Community Development Department." on motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: CouncilmerTbers Settle, Dunin, Davey, Griffin and Mayor Bil.Lig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of April 1985. �i t 0 o rj-06v'rla- 0 o : RESOLUTION NO. 6411 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1438 LOCATED AT 2000 ROYAL WAY 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 1438 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The grading exceptions granted are subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity; specifically, final grading plans are to be submitted to the approval of the Community Development Director to assure consistency with the intent of the grading ordinance. 2. Because of special circumstances applicable to the subject property, including the shape, topography, and extensive grading done during the mining of the quarry and the resultant damage needing correction, the strict literal application of the grading limitations is found to deprive the property of privileges enjoyed by other properties in the vicinity. 3. Under the circumstances of this particular case the grading exceptions are in conformity with the purposes of Section 15.44.020 of the Municipal Code. 4. The design of the tentative map and proposed improvements are consistent with the general plan, under the conditions noted below. 5. The site is physically suited for the type and density of development allowed in an R -1 -S zone. 6. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 7. The design of the subdivision or the type of improvement will not conflict with easements for access through (or use of property within) the proposed subdivision. 8. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration, with mitigation measures as follows: a. The City Council, in its review of the tract, will accept or reject the open space easements offered based on its determination of the offer's consistency with the land use element hillside policies. if the offer is not determined to be consistent, this inconsistency may be grounds for denial of the tentative tract map. DG /. 1 1 Resolution No. 6411 (1988 Series) Tract 1438 Page 2 b. Grading shall be limited to the removal of unpermitted fill, restoration of the site to a more natural condition, and 'other grading which meets the standards of the grading ordinance, flood control policy, and building code. C. The applicant shall inform future lot buyers of the possibility of building permit delay based on the city's water supply and usage. d. The applicant shall provide sufficient fire protection, in the form of water tanks or hydrants, to the satisfaction of the Fire Department. Individual lot developers may be required to provide fire sprinklers, on a case -by -case basis. e. Creek modifications shall be limited to that approved by the council, delineated in a creek protection and enhancement plan. Such plan shall provide protection of downstream property from flooding and stabilization of creek banks to prevent erosion, and must include protection of the creek from debris and unlimited access, and restoration and maintenance of natural vegetation where possible. Construction of all improvements shall be in accordance with the approved plan and Department of Fish and Game permits. f. The development of the lots shall be in accordance with the soils report, updated after tract development. The updated report will provide specific recommendations for each lot as it exists after tract acceptance. Reference to such soils conditions and recommendations must be made a part of the recorded documentation of the tract. g. Drainage from new development shall be directed to the street or easement, or to the creek, with the provision that there shall be no significant increase in the amount of drainage entering the creek. h. The existing 48" Monterey cypress shall be retained if determined healthy by the city arborist. The applicant shall develop a tree plan, indicating all existing trees, sizes and locations, and which are proposed to be retained or removed. Such plan shall be reviewed by the Community Development Director and City Arborist, who shall determine which trees may be removed, and the replacement varieties to be installed. Development shall conform to the approved plan. i. Tract conditions shall include a requirement for architectural review of homes and the water tank if required. Such review shall include grading, colors, materials, and landscaping, with the aim of lessening visibility and conforming to the hillside, consistent with hillside policies in the land use element. C f Resolution No. 6411 (1988 Series) Tract 1438 Page 3 SECTION 2. Conditions. That the approval of the tentative map for Tract 1438 be subject to the following conditions: 1. Exceptions are hereby granted to the grading regulations to allow restoration of the developable portions of the site to a more natural, appearance, to the approval of the Community Development Director. Beyond grading necessary to restore the site, grading shall conform to the Grading Ordinance, Land Use Element hillside planning standards, and the Uniform Building Code. Grading maybe done to the old quarry site to stabilize the face and make it more natural- looking and esthetically pleasing, providing that no trees are removed as part of the process. Grading and treatment of this site is to be approved by the City Engineer and Architectural Review Commission, prior to issuance of a grading permit. No grading of the quarry site shall be allowed during the rainy season. 2. A 12' wide access easement along the easterly property line of lot 2 shall be offered to the city for maintenance of the Prefumo Creek tributary and Prefumo Creek, at its confluence. Such easement shall be improved with an all- weather surface, extending to the side of the bank of Prefumo Creek tributary, to the satisfaction of the Public Works Department. 3. Creek improvements shall be limited to those shown on a creek plan submitted to the approval of the Public Works Department and the Community Development Director, and in accordance with permits obtained from the Department of Fish and Game. Such creek plan shall show the extent of grading, proposed erosion control and revegetation techniques, and fencing, plus any other related work required by the Community Development Director and City Engineer. 4. Subdivider must provide a hydraulic analysis illustrating the effects of this project during a 100 -year storm on projects downstream. The creek crossing must be designed to accommodate a 100 -year storm. If the analysis indicates additional work to prevent further erosion of the Prefumo Creek banks must be done, such work must be approved as part of the creek plan, and is subject to approval by the Army Corps of Engineers. 5. No trees may be removed, including the 48' cypress, except with the approval of the city arborist and the Community Development Director. The subdivider shall develop a tree protection plan and post a bond to assure the safety of the existing trees during construction of tract improvements, to the satisfaction of the city arborist and Community Development Director. The offsite portion of Royal Way shall be modified to accomodate the existing Pepper tree, to the satisfaction of the Community Development Director and City Engineer. 6. Development of lot 13 shall be subject to approval of a Planning Commission use permit. Such use permit shall address visibility of proposed development, geology of the site, and fire protection measures. Fire protection measures may include sprinklers, an approved fire truck turnaround, a fire - resistive "greenbelt ", and other appropriate measures, to the approval of the Fire Department. Reference: to this condition shall be made part of the recorded documentation for this tract. V • Resolution No. 6411 (1988 Series) Tract 1438 Page 4 7. The final map shall note that the three access easements into the county area shall be restricted to 30' in width, with. the actual improved road width no greater than 20'. Modifications to the easements must be approved by the City of San Luis Obispo. The subdivider shall develop an agreement with the city, with the assistance of the City Attorney. Such agreement shall limit the number of homes and lots to be developed in the adjacent commonly =owned county area, and shall establish development standards consistent with approvals by the County Board of Supervisors. The approved agreement will be recorded concurrent with or prior to recordation of the final map. Any change to this agreement must be approved by the city. 8. A note shall be placed on the final in that limits the use of the open space easement areas to recreational uses as approved by the City Council. 9. The final map shall note that development of all lots is subject to review by the Architectural Review Commission. Such review 'shall be consistent with hillside standards as stated in the Land Use Element Section D.3.f, and shall ensure that style, colors, and landscaping blend into the surrounding hillsides. 10. The subdivider shall inform future lot buyers of the possibility of building permit delay based on the city's water supply and usage. Such notification shall be made a part of the recorded documentation for each lot. 11. The subdivider must install a 4 -foot integral sidewalk, street pavement, street lighting, fire hydrants, drainage facilities, and utilities from the easterly tract boundary to the end of the proposed cul -de -sac and private way, to city standards and to the satisfaction of the City Engineer and Utilities Engineer. Six foot public utility easements and ten foot street tree easements are required along all street frontages. The subdivider is required to dedicate the off -site access easement (Royal Way) to the city. 12. The private way must be built to full city structural standards. The paved width of the street shall be limited to 201, plus separated parking bays approved by the Community Development Director and City Engineer. The private way easement shall be a minimum of 6 feet from the creek top of bank, with paving a minimum of 10 feet from the top of bank. 13. One -inch minimum water services must be installed to accommodate possible future fire sprinklers.. 14. A standard city barricade, or approved alternative, shall be provided near the end of the common driveway turnaround and adjacent to the creek, to warn vehicles approaching from the access easement. 15. An updated soils report shall be prepared after grading of the site is completed. Such soils report shall make specific foundation recommendations for each lot. The final map or other recorded documentation of the tract shall refer to the updated soils report. C � Resolution No. 6411 (1988 Series) Tract 1438 Page 5 16. A general plan map change, from interim conservation /open space to low- density residential, for this site; must be approved prior to or concurrent with approval of the final map. No construction shall begin until the map change is approved. 17. The subdivider shall provide topsoil for the moderately sloping portions of the lots to the satisfaction of the Community Development Director. On motion of Councilman Settle seconded by Councilman Reiss , and on the following roll call vote: AYES: Councilmembers Settle, Reiss, Pinard, and Mayor Dunin ...NOES: Councilmember Rappa ABSENT: None the foregoing resolution was passed and adopted this ..,.15th. day of .March....... 1988. ATTplerk' City PAMGES APPROVED: ...... ........................ City A ministrative Officer City At ney .... ............................... Community Development Director JL:resl438 f1 le, - .9 6-A— C.o. 0 lWrutl 'a I r�G� 0 c • RESOLUTION NO.6410(1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND DATACOM SYSTEMS CORPORATION FOR PARKING CITATION PROCESSING SERVICES WHEREAS, the City Council wishes to eliminate the backlog of approximately 21,000 parking citations and to proceed with timely processing of current citations; and WHEREAS, the expeditious processing of citations will discourage people from abusing established time limits downtown, encourage intended usage of parking spaces and generate income for the parking program consistent with the Parking Management Plan; and WHEREAS, staff has negotiated an agreement with Datacom Systems Corporation for providing citation processing services which meet the city's goals NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between City and Datacom Systems Corporation is hereby approved and the Mayor is authorized to execute the same. SECTION 2.' Funds for citation processing services ($100,000) shall be encumbered in account number 051 - 8069 - 008 = 119 -for payment of these services. SECTION 3. The City Clerk shall furnish a copy of this Resolution and a copy of the executed and approved agreement to the Finance Director, Public Works Director, and Datacom Systems Corporation. R64 10 Resolution No. 6410 (1988 Series Page 2 On motion of Councilwoman Rappa seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard and Reiss NOES: Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted on this 15th day of April, 1988. ATTEST: 94-.�L S - CITY LERK PAM VO S APPROVED: r� ITY ADM NISTRATIVE OFFICER Ar 7 CITY ATTCONEY CC- 2 -16/b2 bw oegr� MAYOR RON DUNIN- -- FINANCE DIRECTOR PUBLIC WORKS DIRECTOR C - H(A c � t CIO 9 QW. CONSULTANT SERVICE AGREEMENT FOR PROCESSING AND COLLECTING PARKING CITATIONS This AGREEMENT is made by and between DATACOM SYSTEMS CORPORATION, hereinafter referred to as "CONTRACTOR ", and the City of San Luis Obispo, hereinafter reforred to as "City" and enter ?d into this 15 day of March, 1988. WITNESSETH WHEREAS, CITY desires to retain certain services to provide for timely processing of citations to discourage abuse of established parking time limit, encourage intended usage of parking spaces and generate income for the parking program, the services provided by CONTRACTOR are for processing of fines, bail and forfeiture thereof, in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California and ordinances of the City and County of San Luis Obispo. WHEREAS, CITY desires to engage CONTRACTOR to provide services described hereinafter by reason of its qualifications and experience for Ong performing such services on the terms and in manner set forth in agreement and Exhibit 'A' attached hereto. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: ARTICLE I -- PROJECT COORDINATION 1.1 CITY. The Director of Public Works shall be the representative of the CITY for all purposes under this agreement. The Director or his designated representative shall supervise the progress and performances of services under this agreement. a 1.2 CONTRACTOR. CONTRACTOR shall assign an individual as liason with the CITY'S representative. Ronald W. Henry is hereby designated CONTRACTOR'S liason. Should circumstances or conditions subsequent to execution of this agreement require a substitute liason for any reason, the replacement designee shall be subject to prior written acceptance and approval of the Director. Such approval shall not be unreasonably withheld by the CITY. EXHIBIT "A" ARTICLE II -- PROCESSING 2.1 REFERRAL AND RECONCILIATION. CONTRACTOR shall receive and process parking citations which are forwarded through a local P. 0. Box to CONTRACTOR. CONTRACTOR will provide a daily reconciliation of the number of citations delivered by CITY. 2.2 DETERMINATION OF PROCESSABLE CITATIONS. CONTRACTOR shall screen the parking citations referred to it by CITY to determine if the citation is processable. If the citation is determined by CONTRACTOR to be unprocessable (e.g., blank license number), CONTRACTOR shall return the citation to CITY within seven (7) days for clarification. CONTRACTOR will be paid the contractual rate of $1.30 for citations returned to the CITY as unprocessable. 2.3 COLLECTION AND DEPOSIT OF FUNDS. CONTRACTOR shall collect and deposit all monies received for the payment of parking citation fines and fees in an account with a mutually agreeable financial institution within 24 hours of receipt in Los Angeles office. CONTRACTOR will receive payments from vehicle owners through the mail. 2.4 CONTRACTOR will provide use of all the necessary hardware and software including full maintenance and all support services required to provide total citation processing and reporting within 30 days of approval of this Agreement. 2.5 IDENTIFICATION OF REGISTERED VEHICLE OWNERS. CONTRACTOR shall make at least three (3) attempts to obtain the name and address of the registered vehicle owner from the California Department of Motor Vehicles for each vehicle for which a parking citation has been issued and for which payment has not been received within the.required time period. CONTRACTOR shall follow all procedures specified by the Department of Motor Vehicles, and be consistent with the California Vehicle Code when identifying registered vehicle owners. 2.6 VERIFICATION OF OWNERSHIP. CONTRACTOR shall ensure that adequate identification of registered vehicle owners and verification procedures are utilized which take into consideration, at the.very least, the following factors: issuance of new license plates, address changes, license plate transfers to other vehicles, name changes, and the validity of plates and registration during specific time periods applicable to individual cases. 2.7 DELINQUENCY NOTICES. CONTRACTOR shall generate and mail (first -class postage and within a reasonable period of time) delinquency notices to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The period of time will not exceed the time limits provided by State and local laws. The mailed notice will include all information required by the California Vehicle Code, including but not limited to the following: N • . The parking citation issuance date and number; 2. The consequences of nonpayment (a hold on the vehicle registration and the imposition of penalties); 3. The amount of fines and fees due and payable; and 4. An affidavit of non - ownership. NOTE: The delinquency notice form must comply with the requirements of State law. 2.8 DMV REGISTRATION HOLDS. The CONTRACTOR will be responsible for placing a DMV hold on vehicle registrations having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and other applicable State and local laws. The holds will be placed within a reasonable period of time after the issuance of a delinquency notice. The period of time will not exceed the time limits provided by State law. 2.9 REMOVAL OF DMV REGISTRATION HOLDS. CONTRACTOR shall be responsible for removing DMV registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalities, and fees due against the vehicle, and establishes such payment to the satisfaction of the CONTRACTOR. 2.10 CONTESTED CITATIONS. In the event a registered vehicle owner disputes the liability for the outstanding parking citation, CONTRACTOR shall advise the registered vehicle owner of his /her right to request a court appearance. CONTRACTOR shall coordinate a court appearance for the registered vehicle owner with the appropriate court facility or refer the registered vehicle owner to the court. 2.11 CITATIONS DISPOSED OF BY COURT. CONTRACTOR may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. CONTRACTOR shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. CONTRACTOR shall maintain records indicating any reduction or cancellations of parking citations as a result of court action. 2.12 SCOFFLAW. CONTRACTOR shall provide monthly reports of registered vehicle owners whose records indicate multiple violations to facilitate the CITY'S enforcement against scofflaws. 2.13 SUSPENSION OF PROCESSING. CONTRACTOR shall suspend processing any citation referred to it for processing upon written notice to do so by the CITY. CONTRACTOR shall maintain records indicating any suspension of a citation as a result of CITY'S request. CONTRACTOR shall be paid the contractual rate hereinafter provided for processing the citations suspended by the CITY. C1 2.14 OUT -OF -STATE CITATIONS. Out -of -state citations may be entered the same as in -state citations. These citations will be processed separately from the in -state citations. If they become delinquent a request for registered owner's information will be sent to the appropriate state agency within a reasonable period of time. Notices of intent will be mailed. The bail amount will be requested from the registered owner and received by CONTRACTOR which shall deposit such moneys in a mutually agreed upon financial institution within 24 hours of receipt. ARTICLE III -- GENERAL 3.1 PUBLIC INQUIRIES. For telephone call's and correspondence, the CONTRACTOR will process matters of a non - judicial nature in a manner which will promote positive public relations; matters of a judicial nature will be referred to the appropriate agency for determination. For scheduled court hearings, CONTRACTOR will coordinate the necessary information with the court. Toll -free telephone service via a local phone number shall be provided by CONTRACTOR at no charge to CITY. 3.2 CONTRACTOR LIMITATIONS. CONTRACTOR may not do any of the following without CITY'S prior approval, in writing: 1. Take any legal .action; 2. Threaten any legal action; or 3. Make any communication, oral or written, regarding potential legal action. 3.3 USE OF APPROVED FORMS. All forms, delinquency notices, and correspondence sent by the CONTRACTOR must conform to State and local law. 3.4 CONTRACTOR FILES. CONTRACTOR shall maintain files on each parking citation referred to it for processing under this agreement. Such files will contain records of payments, collection efforts, disposition, and any other pertinent information required to provide an audit trail. CONTRACTOR files shall be available for on -site audit upon 24 hours notice. ARTICLE IV COMPENSATION The CITY shall compensate CONTRACTOR for its services according to the Fee Schedules attached in Exhibit 'A' and the terms of Article IV. 4.1 PROCESSING SERVICES. For performance of the processing services described in ARTICLE II, the CITY will pay CONTRACTOR the rate set forth on the Schedule of Fees (Exhibit 'A') for each parking ticket processed by CONTRACTOR, regardless of the ultimate disposition or processability of such ticket. No extra processing charge shall be made for a ticket determined to be unprocessabie pursuant to paragraph 2.2 and subsequently corrected and reentered into the data base. o 4.2 BILLING AND PAYMENT PROCEDURE. CONTRACTOR shall provide the CITY on a monthly basis with a bill and fee analysis which accurately reflects the fees earned during the preceding period. Not later than five (5) business days after the bill and fee analysis have been received, the CITY shall either approve or reject the bill and fee analysis. If approved, the bill will then be processed for payment within 30 days of receipt. If these documents are rejected by the CITY, CONTRACTOR will be notified, and both parties shall use their best efforts to resolve the disputed items. 4.3 CONTRACT ADJUSTMENTS. If postal rates increase during the term of this agreement, the compensation the CITY has agreed to pay CONTRACTOR shall be raised immediately by a corresponding amount to offset the effect of the postal rate increase. ARTICLE V -- REPORTS 5.1 TWICE - MONTHLY REPORTS. A Revenue Distribution Report detailing a complete reconciliation of monies received and deposits made, together with supporting detail, shall be delivered to the City of San Luis Obispo by the third working day following the end of the twice -a -month remittance period. 5.2 MONTHLY REPORTS. Beginning the month following the date of this agreement, and on or before the tenth(10th) of each month thereafter, CONTRACTOR shall submit to CITY monthly management reports of its activities relating to performance under this agreement, including but not limited to a summary of parking citations processed (including statistics by issuing City and type of violation), delinquent citation notices sent, and vehicle registration holds placed with the Department of Motor Vehicles. 5.3 Failure of CITY to agree with CONTRACTOR'S independent findings, conclusions, or recommendations, if some are called for under this agreement on the basis of differences in matters of judgement shall not be construed as a failure on the part of CONTRACTOR to meet requirements of this agreement. s ARTICLE VI -- TERM OF CONTRACT 6.1 TERM OF CONTRACT. The term of this agreement shall be 18 months from the date signed by CONTRACTOR and CITY and may be extended for additional one -year periods up to three years upon agreement by both parties. The Public Works Director shall be authorized to extend the contract on behalf of the CITY. 6.2 CONTRACTOR'S RATES. After 18 months and in subsequent years of the agreement, the CONTRACTOR'S rates shall increase according to the increase in the Consumer Price Index (CPI) for All Urban Consumers, Los Angeles - Long Beach - Anaheim Metropolitan Area, All Items. This index shall be the index published by the United States Department of Labor, Bureau of Labor Statistics. Said increase shall be determined and effective as of the month preceding the anniversary date of this agreement. 6.3 TEMPORARY SUSPENSION. The Public Works Director shall have the authority to suspend the project under this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure of the CONTRACTOR to perform any provisions of this contract. CONTRACTOR will be paid the compensation due and payable to the date of temporary suspension. 6.4 TERMINATION. The CITY retains the right to terminate this agreement for any cause by notifying CONTRACTOR in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of services which are of benefit to the CITY and which should take into account the work completed up to the date of termination. Said compensation is to be arrived at by mutual agreement of the CITY and CONTRACTOR. Should they fail to agree, an independent arbitrator is to be selected by the parties whose decision shall be binding upon the parties. Upon such termination, CONTRACTOR shall turn over to the CITY immediately all unprocessed citations, monthly reports, and twice - monthly reports to date, files of unprocessed citations, undeposited monies received for payment of parking citation fines and fees, and any other records or documents for which CONTRACTOR has received reasonable compensation. CONTRACTOR shall not be liable for CITY'S use of incomplete materials. ARTICLE VII -- CONFIDENTIALITY 7.1 MATERIALS CONFIDENTIALITY. All reports, information, data, files, and tapes furnished or prepared by the CONTRACTOR, its subcontractors, successors, or assigns (to the extent hereinafter allowed) for the purpose of transmittal to CITY pursuant to this agreement are confidential. 7.2 CONSENT FOR DISCLOSURE. No report, information, data, files, or tapes furnished or prepared by CONTRACTOR or its sub - contractors, successors, or agents, shall be made available to any individual or oranization without the prior written approval of CITY other than individuals or organizations who are reasonably necessary to properly effectuate the terms and conditions of this agreement.. 7.3 RIGHTS IN DATA - CONFIDENTIALITY. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures related thereto as they relate to the service to be performed hereunder are and shall remain exclusively the sole property of CONTRACTOR and the CITY shall acquire no right or title to such items. The CITY shall not provide or otherwise make available said systems, procedures, instructions, programs, or media, in any form, to any person except as otherwise provided in this Article. In order to enable Datacom to carry out its work hereunder, to some extent they will have to impart information which is the subject of this paragraph. To the extent that such confidential material is imparted to the CITY'S employees, the CITY agrees that it will retain all information submitted by CONTRACTOR to the CITY in the strictest confidence and will neither use or disclose it without the explicit permission of CONTRACTOR. The CITY recognizes that irreparable harm can be occasioned to Datacom by disclosure of information related to its business and that Datacom may accordingly enjoin such disclosure. ARTICLE VTTT -- CLAIMS AND ACTIONS 8.1 REASONABLE ASSISTANCE OF CONTRACTOR. In the event any claim or action is brought against CITY relating to CONTRACTOR'S performance of services rendered under this agreement. CONTRACTOR shall render any reasonable assistance and cooperation which CITY might require. 8.2 CITY COOPERATION. In the event any claim or action is brought against CONTRACTOR relating to CONTRACTOR'S performance of service rendered under this Agreement, CONTRACTOR shall notify the CITY, in writing, within (5) days, of said claim or action. 8.3 INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless against any and all liability, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of acts of the agents, servants, employees, successors, or assigns (to the extent hereinafter allowed) of CONTRACTOR during the term of this AGREEMENT. Conversely, CITY agrees to indemnify and hold CONTRACTOR harmless against any and all liabilities, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of the acts of the agents, servants, or employees of CITY. 8.4 INSURANCE. CONTRACTOR shall provide and maintain at its own expense, during the term of this agreement, the following policy or policies of insurance covering its operations herunder. Such insurance shall be provided by insurer(s) satisfactory to the CITY and certificates of such insurance shall be delivered to the CITY on or before the effective date of this agreement. Such certificates shall specifically identify this agreement and shall not be cancelled, reduced in coverage or limits, or non - renewed except after thirty (30) days' written notice has been given to the CITY. (a) Comprehensive general liability with a combined single limit of not less than $1,000,000 per occurrence for property damage and for bodily injury or death of persons. Such insurance shall be primary with respect to any insurance maintained by the CITY and shall not call on the CITY'S insurance for contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the CITY, its officers, agents, and employees as additional insureds. With respect to the interest of the CITY, such insurance shall not be cancelled, reduced in coverage or limits, or non - renewed except after thirty (30) days' written notice by Certified Mail, Return Receipt Requested has been given to the CITY. 0 0 (b) Comprehensive automobile liability owned, non - owned, and hired vehicles with not less than $1,000,000 Combined Single Limit per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional - insured and cancellation- notice provisions as specified in sub - paragraph (a) above and may be combined with the comprehensive general liability coverage required above. ( ^) CompreheriQive blanket r.rime policv. in an amount of $1,000,000 per occurrence insuring against loss of money, securities, or other property referred to hereunder which may result from (1) dishonesty or fraudulent acts of officers, directors, employees of CONTRACTOR, (2) disappearance, destruction, or wrongful abstraction inside or outside the premises of CONTRACTOR while in the care, custody, or control of CONTRACTOR, or (j) sustained through forgery or alterations of checks, drafts, or any order or direction to pay a sum certain in money. Such insurance shall be primary to any other similar insurance maintained by the CITY and shall include a Loss Payee endorsement naming the CITY as its interest may appear. (d) A program of Worker's Compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California and which specifically covers all persons providing services on behalf of CONTRACTOR and all risks to such persons under this agreement. ARTICLE IX -- SUB- CONTRACTORS AND ASSIGNMENTS 9.1 SUB- CONTRACTING. CONTRACTOR is authorized to engage sub - contractors within the State of California at CONTRACTOR'S own expense. Any sub - contractor would not operate to relieve CONTRACTOR of duties, liabilities, and obligations. 9.2 ASSIGNMENTS. This agreement may not be assigned without the prior written consent of the CITY. ARTICLE X -- .INDEPENDENT CONTRACTOR 10.1 CONTRACTOR'S RELATIONSHIP. CONTRACTOR'S relationship to CITY in the performance of this Agreement is that of an independent contractor. Personnel performing services under this agreement shall at all times be under CONTRACTOR'S exclusive direction and control and shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither CONTRACTOR nor any agent or employee of CONTRACTOR shall obtain any right to retirement benefits or other benefits which accrue to employees of CITY, and CONTRACTOR hereby expressly waives any claim it might have to such rights. ARTICLE XI -- ENTIRE AGREEMENT 11.1 INTEGRATED AGREEMENT. This agreement is intended by the parties as a final expression of their agreemen? and also as a complete and exclusive statement of the terms thereof; a prior oral or written agreement regarding the same subject matted notwithstanding. The terms, covenants, and conditions of this agreement. shall apply to and shall bind the heirs, successors, executors, administrators, assigns, and sub - contractors of both parties and may not be modified or terminated orally and no modification or any claim of waiver of any of the provisions shall be effective unless in writing and signed by both parties. 11.2 LAW APPLICABLE. CONTRACTOR agrees to comply with all laws within the State of California governing the conduct of business, including but not limited to laws pertaining tc licenses, taxes, corporate regulation, and collection practices. 11.3 WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, conditions, ordinance, or law. The subsequent acceptance by either part of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other part of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 11.4 COSTS AND ATTORNEY'S FEES. The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of the terms of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 11.5 DISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If CONTRACTOR is found in violation of the non- discrinination provisions of the State of California Fair Employment Act or similar provisions of Federal Law or executive order in t"he performance of this agreement, it shall hereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of twenty -five dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract or both. This provision shall be terminated in six months from the date of approval of this agreement if no acts of discrimination are identified by that time. Only a finding of the State of California Fair Employment Practices Commission or the equivalent Federal agency or officer shall constitute evidence of a violation of contract under this paragraph. 9 1 0 11.6 NOTICES TO PARTIES. Any notice required under this agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first - class, a notice addressed to the following: CONTRACTOR: Datacom Systems Corporation 818 West Seventh Street, Suite 801 Los Angeles, CA 90017 CITY: City Clerk's Office City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 Attn: Pamela Voges WHEREFORE, the parties herto have entered into this agreement as of the day and year first hereinafter written. CITY OF San Luis Obispo By OR RON D'JNIN ATTEST: By - L S CITY tLERK PAM V GE DATACOM SYSTEMS TION By ber rgenti Exe ve Vice -Pr dent b3 /agreedata bw c:XH1f3lT 'A` FEE SCHEDULE Fee schedule is based on all citations issued by the CITY and allows for quantity discounts based on the total amount of citations entered per year. Volume Flat Rate Citations Issued Annually -------------------------------------------------------------------------- Per Citation Issued For the first 0 - 20,000 citations issued $1.49 For the next 20,001 - 100,000 citations issued $1.30 For the next 100,001 - 200,000 citations issued $1.19 For the next 200,001 - 360,000 citations issued $1.10 Out -of State Processing FEE: 35% of revenue collected from noticed Out -of -State citations. Optional Servies (if requested by CITY) SPECIAL COLLECTIONS PROCESSING including: • DMV hold rejects • Inactive scofflaw status • Vehicle make - mismatch information • Out -of -State open and unpaid for one year • No name or address for one year FEE: 357 of revenue collected. BACKLOG CITATIONS For open citations currently on the City's database which have remained open up to two years. FEE: 40% of revenue collected. NON- SUFFICIENT FUNDS (NSF) HECK PROCESSING Sending a.follow -up letter to citizens notifying of NSF check status, application of NSF penalty of $15.00, and requesting remittance of funds. Includes system adjustments and reactivation of records, penalty, and hold procedures. FEE: $15.00 per NSF processed. HABITUAL OFFENDER LETTERS Includes researching database to obtain current registered owner (R /0) status, updating habitual offender hotsheet, and sending a special.. letter to R /0's who have accumulated a specified number of unpaid citations.. FEE: $1.15 per letter. FIRST VIDEO DISPLAY TERMINAL - No Charge ADDITIONAL VIDEO DISPLAY TERMINALS - $125.00 per month per terminal. b3 /agreedata bw RESOLUTION N0. 6409 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT 1268 AT 353 MADONNA ROAD (William Bird, Subdivider) WHEREAS, the City Council made certain findings concerning Tract 1268, and as contained in Resolution No. 5735 (1985 Series), and WHEREAS, all conditions required per Resolution No. 5735 (1985 Series); Resolution No. 5984 (1986 Series) and Ordinance No. 1015 (1984 Series) have been met, and WHEREAS, all public improvements have been constructed to City standards; NOW THEREFORE BE IT RESOLVED that public improvements are hereby accepted for maintenance by the City, except that Dalidio Drive (formerly Zozobra St.) street and storm drain improvements southerly of the northeasterly prolongation of the southeasterly property line of the U.S. Post Office property are not accepted for "public street purposes" at this time (Condition 36 of Ordinance No. 1015 - 1984 Series). On motion of Councilwoman Rappa , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of March ATTESTr CITY C RK PAM VOG 1988. RON DUNIN R6409 Resolution No. 6409 (198$ S6ries) Page Two. APPROVED: City Ad 'nistrative Officer ity City gineer Community Development Director jk5 /t1268acc by Iti,v�� K RESOLUTION NO. 6408 (SERIES 1988) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FORM OF LEASE FOR THE WASTEWATER TREATMENT PLANT PASTURE AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS AND AWARD A CONTRACT WHEREAS, the City owns 27 acres of property adjacent to the Wastewater Treatment Plant; and WHEREAS, the City has historically discharged treated wastewater to this property to achieve further treatment and disposal; and WHEREAS, the City has historically leased this property for private grazing operations thus saving City operations costs; and WHEREAS, the grazing operations lease is not of interest to the Housing Authority for low- income housing, or to County, Regional or State agencies, or for recreation, or to the School District; and WHEREAS, the Council desires that more routine matters such as leases be handled by staff, NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The form of that certain agreement entitled, "LEASE AGREEMENT - WASTEWATER TREATMENT PLANT PASTURE ", attached hereto marked Exhibit "A" is hereby approved. SECTION 2. Staff is authorized to advertise and award the lease contract. SECTION 3. The City Clerk shall furnish a copy of this resolution to the Finance Director and the Public Works Director. R6408 Resolution No. 6408 ( 1988 Series) Page Two On motion Of Councilwoman Rappa , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 15th day of March , 1988. �MEMMMEW I ATTE r , V PAMEkA VOGES CITY CLtRK �971�,D%1�4 Public Works Director sewerres /dfr #10 LEASE AGREEMENT - WASTEWATER TREATMENT PLANT PASTURE This lease, made and executed this day of , 1988, is by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City ", and , hereinafter referred to as "Lessee"; WITNESSETH: .The City hereby leases to Lessee, for grazing purposes only and on the P. following terms and conditions: 1. The lease shall be for four (4) years, commencing on June 1, 1988, and terminating on May 31, 1992. Approximately 27.00 acres will be available. 2. The rental shall be per acre per month, payable in advance the first of every month, commencing with June 1, 1988, providing that City may, from time -to -time, withdraw all or any portion of the fields by giving thirty (30) days notice to Lessee. The rental payment shall be based on the acres available each month during the term thereof. 3. The premises leased are located in the City of San Luis Obispo, County of San Luis Obispo, State of California, adjacent to the City's wastewater treatment plant, as shown on the attached map marked Exhibit "A" and incorporated herein by reference. 4. Lessee agrees to place the effluent generated by said plant on the fields in accordance with directions given by the City and further understands that the City reserves the right, without notice to Lessee, to discharge water from its wastewater treatment plant or sewage from its sewer system upon said land at any time, which water or sewage may or may not be EXHIBIT "A" Q LEASE AGREEMENT - WASTEWATER TREATMENT PLANT PASTURE This lease, made and executed this day of , 1988, is by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City ", and , hereinafter referred to as "Lessee"; WITNESSETH: .The City hereby leases to Lessee, for grazing purposes only and on the P. following terms and conditions: 1. The lease shall be for four (4) years, commencing on June 1, 1988, and terminating on May 31, 1992. Approximately 27.00 acres will be available. 2. The rental shall be per acre per month, payable in advance the first of every month, commencing with June 1, 1988, providing that City may, from time -to -time, withdraw all or any portion of the fields by giving thirty (30) days notice to Lessee. The rental payment shall be based on the acres available each month during the term thereof. 3. The premises leased are located in the City of San Luis Obispo, County of San Luis Obispo, State of California, adjacent to the City's wastewater treatment plant, as shown on the attached map marked Exhibit "A" and incorporated herein by reference. 4. Lessee agrees to place the effluent generated by said plant on the fields in accordance with directions given by the City and further understands that the City reserves the right, without notice to Lessee, to discharge water from its wastewater treatment plant or sewage from its sewer system upon said land at any time, which water or sewage may or may not be EXHIBIT "A" � o chlorinated. Water shall not be allowed to stand or pond and must be kept from adjoining property at all times. Particular care must be exercised to avoid standing water or excessive irrigation. The following specific conditions must be met unless advance permission is given from City: A. Irrigation shall be between the hours of 7:00 AM and 6:00 PM, daytime ONLY. (This allows Plant staff to monitor the irrigation and its impact on flows and effluent quality.) B. The 24" irrigation gate -valve shall not be shA'down to the fully closed position. The valve must be left open at least 2" in order to continue passing water flow into the effluent treatment system. C. Irrigation valve wheel shall be securely locked at all times. D. At least 8 irrigation risers shall be left open during the irrigation process. (This prevents damaging water pressure buildup in the 24" effluent line.) E. The pasture is divided into a series of irrigation levees, each with its own irrigation riser. When the irrigation water reaches the end of a levee, the appropriate riser shall be secured for that levee. The water shall not be allowed to continue to flood that levee. (This minimizes effluent contamination from polluted, pasture runoff.) 5. Lessee hereby waives all claims against City for damaged goods and animals in or about said premises and for injury to Lessee, his agents, or third persons in or-about said premises from any cause arising at any time, and Lessee holds City free and harmless from any damages or injuries to any person or property arising from the use of the premises by Lessee. In the event of any claim or lawsuit, Lessee agrees to provide a legal defense and pay all costs thereof for City. N E Lessee shall obtain and keep current a liability insurance policy with not less than $50,000 property damage coverage for each person on account of any one occurrence, and personal injury coverage of not less than $100,000 for each person and $300,000 for each occurrence, with thirty (30) days notice to the City for cancellation or modification of insurance. 6. Lessee agrees to use good grazing practices and to move his or her animals to designated portions of the premises if requested to do so by the City and understands that the City shall have the right to limit the number of animals on the pastures. 7. Lessee agrees to eradicate and control weeds on the land before they go to seed, especially spiny -clot burr, thistles, hemlock, or any other type of plant that extends above the normal growth of pasture. In the event Lessee fails to remove said weeds, then upon ten (10) days written notice by the Director of Public Works, City may remove.the weeds by contract or with City forces, and Lessee shall pay all costs thereof within thirty (30) days after receiving notice of such cost from the City. 8. Lessee agrees to construct and maintain fences and gates at such locations as are designated by the City, with material provided by City. In the event Lessee desires to erect additional fences, then upon approval of the Director of Public Works, Lessee, at Lessee's sole expense, may install such approved additional fences. All fences shall be of a site and constructed and maintained in such a manner that no animals belonging to Lessee are able to escape. Upon termination of this lease, the Lessee shall remove said fences if required by the City. 9: Lessee agrees to repair and maintain all pasture berms, effluent lines, risers, lids, stems and other such appurtenances as directed by the City. N 10. Lessee agrees to repair, install and maintain adequate water lines, shutoff valves to the water troughs and to construct and maintain a corral large enough to dry feed the animals during the rainy season, subject to the approval of the Director of Public Works. 11. Lessee's use of roads and wastewater treatment plant area is subject at all times to the prior approval of the Director of Public Works. 12. Lessee shall not sublease the premises or any }part thereof without prior written approval of the City Council. Usage of the land by more than one species of animal at.a time must be approved by the Director of Public Works. 13. Lessee shall provide the Director of Public Works with a• telephone number for contact at all times in the event of any emergency, including without limitation, broken fences or berms, ponding, trespassers, unfed cattle and overflowing water troughs. 14. This lease may be terminated and cancelled by the City if the City ,. Council, at its sole discretion, determines that such termination is in the beat interest of City. Said termination shall be effective thirty (30) days after such determination, with written notice to Lessee,.and Lessee shall not be entitled to damages or other reimbursement'as a result of such termination. 15. Written notice under this agreement may be given by either party to the other, and shall be effective upon the deposit in the U.S. Mail of certified or registered letter addressed to the other party at the address below: E C .o City: City Clerk City Hall 990 Palm Street P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 Lessee: IN WITNESS WHEREOF, the parties hereto execute.this lease in duplicate., on the date first written above. ATTEST: CITY CLERK APPROVED: City Ad inistrative Officer City A to ey finance Director s Public Works Director tpg3 /sewerlease bw p.. LESSEE: by by LESSOR: City of San Luis Obispo C, 0 RESOLUTION NO. 6407 (1988 Series.) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING A CONTRACT TO BAKER CONSTRUCTION, INC. TRANSFERING FUNDS FROM CAPITAL OUTLAY FUND CRP APPROPRIATION WHEREAS, the City received bids for "Storm Drain Improvement Project - Osos Street /Islay to S:P.R.R., City Plan No. M -21E ", and WHEREAS, the Engineer's estimate was $69,780.00, and WHEREAS, the low bid was received from Baker Construction. Company of Arroyo Grande, California in the amount of $57,299.00,and WHEREAS, there are funds available in the Capital Outlay Fund CRP appropriation for this project, NOW THEREFORE BE IT RESOLVED, the following items: 1. Award contract to Baker Construction Company of Arroyo Grande, California. 2. Direct the City Clerk to prepare the appropriate documents for signature by the successful bidder and the Mayor. 3. Authorize the Mayor to execute the contract documents. 4. Direct the Finance Director to transfer $63,000.00 from Capital Outlay Fund CRP allocation to Account No. 040 -9803- 091 -572. On motion of Councilwoman Rappa seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None Resolution No.6407 (1988 Series) Page Two. the foregoing Resolution was passed and adopted this 15th day of March 1988. ATTEST: CITY 4ERK PAM VOOS APPROVED: ity A 'nistrative Officer City AtoDrney Fi ance Director ®r,er', Public Works Director City Engineer bofl /m2leawar r► in am P.w Lis RESOLUTION NO. 6406 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1545 LOCATED AT 550 BUCHON STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, aftei consideration of the tentative map of Tract 1545 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: The tentative map is consistent with the General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The site is physically suitable for the type of development proposed and the density allowed in the R -2 zone. 4. 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. 5. The design of the subdivision or the type of improvements are not likely to cause public health problems. 6. 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. 7. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. .Conditions. That the approval of the tentative map for Tract 1545 be subject to the following conditions: Each unit shall have individual utilities and all new internal utilities shall be underground. 2. Final map shall show a 6 -foot public utilities easement and a 10 -foot tree easement along the project's public street frontage. 3. Subdivider shall grant an easement over the common lot area, except under structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 4. Subdivider shall provide necessary easement for existing overhead utility line along the northwest property line to the satisfaction of P.G. & E. R6406 J 0 0 Resolution No. 6406(1988 Series) Tract 1545 Page 2 5. All on -site driveways, nonstructural parking improvements, and utilities shall be installed as subdivision improvements. 6. Subdivider shall install individual Water service for each dwelling unit. Meters shall be clustered at the Buchon Street frontage to the approval of the Public Works Department. 7. Subdivider shall pay water acreage and park in -lieu fees as calculated by the City Engineer prior to recordation of final map. 8. Subdivider shall install an 8 -foot wide curb, gutter and sidewalk per city standards to the satisfaction of the City Engineer. 9. Subdivider shall install one new street light on Buchon Street to the satisfaction of the City Engineer. 10. Subdivider shall install one street tree per 35 ft. of property frontage to city standards to the approval of the Public Work's Department. 11. Subdivider shall install a fire hydrant as required to the approval of the City Fire Department. 12. Subdivider shall install a new 8 -inch water line in Buchon Street from the project site northerly to Nipomo Street to the satisfaction of the City Engineer. 13. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions:' a. Creation of a homeowner's association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area including private driveways, private utilities, drainage, guest parking, walls and fences, lighting, and landscaping in a first class condition. b. Grant to the city the right to maintain common area if the homeowner's association fails to perform, and to assess the homeowner's association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. C. No parking except in approved, designed spaces. Provision shall be made for two additional guest. parking spaces to be installed within the project if a majority of the homeowners' association feels that future conditions warrant them. Landscaping between the street yard and the driveway for Unit 6 and in the landscaped area between Units 4 and 5, or such other area approved by the Community Development Director, shall be designed to accommodate potential future conversion. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. 0 ! Resolution No. 6406 (1988 Series) Tract 1545 Page 3 e. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. 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 designed storage areas. h. No change in city- required provisions of the CC&R's without prior City Council approval. i. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 15 days of any change in officers of the association. 14. All units shall be numbered in accordance with an addressing plan approved by the Community Development Department. 15. Subdivider shall install a unit identification plan with directory at the Buchon Street entrance to the site to the approval of the' Community Development Department staff. On motion of Mayor Dunin , seconded by Councilmember Settle . and on the following roll call vote: AYES: Mayor Dunin and Councilmember§ Settle and Rappa NOES: Councilmember Reiss ABSENT: Councilmember Pinard the foregoing resolution was passed and adopted this 1st day of March , 1988. e or ATTEST: j Q . V Ci Clerk Resolution No. 6406 (1988 Series) Tract 1545 Page 4 APPROVED: City dministrative Officer City At rney Community Development Director ��� � � � 7�%%U��r sU�r vrC�� RESOLUTION NO. 6405 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO. AMENDING THE LAND USE ELEMENT MAP FROM NEIGHBORHOOD COMMERCIAL TO OFFICE, FOR PROPERTY AT WESTERLY CORNER OF JOHNSON AVENUE AND PISMO STREET (GP /R 1343) WHEREAS, the Planning Commission and City Council have held hearings to consider amendment to the General Plan Land Use Element Map in compliance with the Government Code; and WHEREAS, the amendment has been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines, and the request to change the land use element map to Office for property at 1333 and 1335 Johnson Avenue poses no adverse impacts on the environment and has been granted a negative declaration by the Community Development Director; and WHEREAS, the amendment is appropriate at the proposed location and will be compatible with surrounding land uses; and WHEREAS, the proposed amendment is consistent with the city's general plan; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The determinations of the Community Development Director concerning environmental documents are hereby affirmed. SECTION 2. The Land Use Element map is hereby amended as shown on the attached exhibit. SECTION 3. The Community Development Director shall cause changes to be made in publications and maps which are available to the public and displays in City Hall. SECTION 4. This action shall take effect thirty (30) days from the date of adoption of this resolution. On motion of. Mayor Dunin ,SeCOnded by, Councilman Reiss . , .. , . , , ... , , and on the following roll call vote: R 6405 Resolution No. 6405 (1988 Series) Page 2 AYES: Mayor Dunin, Councilmembers Reiss, Pinard and Settle NOES: Councilwoman Rappa ABSENT: None . the foregoing resolution was passed and adopted this .1st,., .. day of . Marcy, , . , , , . , 1988. • on Dunin ATTEST: .... ..6... .l./ .. ' VI ..... ...... Cit Clerk Pam oges APPROVED: q inistrative Officer j Cit Atto y ..... ............................... Community Development Director rl to RESOLUTION N0.6404 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO GRANT EXCEPTIONS TO RESOLUTION NO. 4954 REQUIRING CHARGES FOR SPECIAL EVENTS WHEREAS, in 1982 the City Council adopted Resolution No. 4954 which established a policy regarding the reimbursement of overtime expenses for special events; and WHEREAS, in the last few years administration of this policy has been inconsistent; and WHEREAS, the City intends to undertake a comprehensive review of City fees and charges; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Administrative Officer is authorized to grant exceptions to Resolution No. 4954 until such time as the City Council Can review and act on a comprehensive study of fees and charges. SECTION 2. The City Administrative Officer shall prepare criteria and guidelines for the granting of exceptions to Resolution No. 4954. On motion of Councilman Settle seconded by Mayor Dunin and on the following roll call vote: AYES: Councilmembers Settle, Mayor Dunin, Pinard, Rappa, Reiss NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of Marrh , 1988. ATTEST: Q. U City C erk PAM VOU APPROVED: ity Ad inistrative Officer meg�i�— I Mayor RON DUNIN ' Zr- City At n ney Mi F-i/- i RESOLUTION NO. 6403 (1987 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING SPECIFIC HERITAGE TREES WHEREAS, the City Council has approved a Heritage Tree Program for the City of San Luis Obispo; and WHEREAS, the City Council has previously adopted the following as Heritage Trees; and 1. Torrey Pine (Pinus torreyana), 1185 Foothill Blvd. 2. Coast Redwood (Sequoia sempervirens), 1303 Higuera Street 3. Cajeput Tree (Melaleuca leucadendron), 955 Pepper Street 4. Floss Silk Tree (Chorisia speciosa), 941 Chorro Street 5. Two (2) Victorian Box (Pittosporum undulatum), 696 Monterey Street 7. Saucer Magnolia (Magnolia soulangeana), 536 Marsh Street 8. Japanese Maple (Acer palmatum), 536 Marsh Street 9. Coast Redwood (Sequoia sempervirens), 1185 Pacific Street 10. Western Redbud (Cercis Occidentalis), 1060 Pismo Street 11. Smooth Shell Macadamia (Macadamia integrifolia), 378 Grand Avenue 12. Cork Oak (Quercus suber), 396 Lincoln Street 13. California Sycamore (Platanus racemosa), 9 South Higuera Street WHEREAS, the Tree Committee and staff has identified, reviewed and approved the following trees as Heritage Trees NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Council does hereby approve the following as Heritage Trees: 1. Incense Cedar (Calocedrus decurrens), 1815 Monterey Street 2. Dawn Redwood (Metasequoia glyptostroboides), 237 Del Mar Court 3. Deodar Cedar (Cedrus deodara), 1190 Buchon Street 4. Red Horse Chestnut (Aesculus carnea), 1147 Pismo Street - R (rW3 On motion of Councilman Settle , seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 1st day of March, 1988. YOR RON DUNIN ATTEST: CITY ERK PAMELA GES APPROVED: ty A tini*-trative Officer City AtjorneV ' Public Works Director b /arborday /resolution �i /� ��e ��� �! �� _. =.. � -. CD RESOLUTION NO. 6402 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1264 (UNIT II) (SUMMER HILLS ASSOCIATES, SUBDIVIDER) WHEREAS, the City Council made certain findings concerning Tract 1264, as contained in Resolution No. 5967 (1986 Series), and WHEREAS, all conditions required of Unit II per Resolution No. 5967 (1986 Series) have been met or bonded for, NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1264, Unit II. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilwoman Pinard AYES:Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES:None ABSENT:None the foregoing Resolution was passed and adopted this 1st day of March 1988. MAYOR RON DUNIN ATTEST: CITY kLERK PAM VOG S iF M iF M iF M if iF f? 60601- Ci O Resolution No. 6402 (1988 Series) Page Two. APPROVED: ty A inistrative Officer City Attorney Community Development Director City Engineer jk3 /t7264fin by N • STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this lsC day of 41 March, 1988 by and between SUMMERHILL ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP , herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on final map of Tract 1264 - Unit II, City of San Luis Obispo, California, as approved by the City Council, on the 1st day of March 19 88 The Subdivider desires that said Tract 1264 - Unit II be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: i 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 of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (1'8) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement 2 • 9 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 unless specifically approved by the City. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council, and has posted the necessary fees: I. The Subdivider has deposited a monumentation cash guarantee of $600.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. 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. 2. The Subdivider shall complete on -site improvements per Items 3 thru 8 of Resolution No. 5967 (1986 Series). 3. Park -in -lieu fees are not required since this is a part of Tract 1235 - which dedicated a park per Condition 7 of Resolution No. 5968 (1986 Series). 4. Subdivider shall provide for payment of $750.00 to the City through escrow for each dwelling unit as a park development fee. These payments are payable prior to occupancy releases or property transfers in lieu of filing liens as prescribed in Condition 14 of Resolution No. 5968 (1986 Series). Terms and conditions of escrow to be in a form and content satisfactory to the City Attorney. 5. Fees for water acreage, sewer lift station, and a deposit for transit system street furniture were paid with Tract 1235 - Unit II of which this is a part. Therefore additional fees for these items are not required. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and vocations Code of the State of California, paragraph 8771 et seq. 3 0 • The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $43,000.00, which is 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 Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to xemedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. 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 (50% of $43,900 = $21,500). Said Subdivider has deposited with the City the sum of $33,000.00 from which deposit the City will pay the salary and expenses of an 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 $33,000.00, 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. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. 7itic�- 12'3S 5 i • 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: CITY OF SAN LUIS OBISPO _• 1 .AL-A&- - OR RON DUNIN ATTEST: r pa-U.. V CI CLERK PAM OGES Approved as to form: City AttoOley City Engineer 1264 -II by SUBDIVIDER SUMMERHILL ASSOCIATES A California Limited Partnership by Santa Lucia Hills A California General Partnership as General Partner John ench, General Partner Charl E. French General Partner O RESOLUTION NO. 6401 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 7, 1988, WITH THE STATE -WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING ON THE ADOPTION OF TWO PROPOSITIONS WHEREAS, the City Council of the City of San Luis Obispo has adopted Resolution Nos. 6392 and 6400 (1988 Series) (copies attached and incorporated by reference herein) calling a special election to be held on Tuesday, June 7, 1988, for the purpose of voting on propositions as described herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the Special Municipal Election with the State -wide Primary Election to be held on Tuesday, June 7, 1988, and said Board of Supervisors is authorized hereby to canvass the returns of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such primary election shall be used. The precincts, polling places and officers of election for the Special Municipal Election hereby called shall be the same as those provided for said State -wide Primary Election and as set forth in Section 23312 of the Elections Code. Said Board of Supervisors shall certify the results of the canvass of the returns of such Special Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 2. The Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for R6401 N Resolution No. 6401 (1988 Series) Q Page 2 the holding of said Special Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Elections Code. SECTION 3. The propositions to be voted on at said Special Municipal Election shall be as set forth on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 5. Pursuant to Sections 4015.5 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution. On motion of Councilman Settle , seconded by Councilwoman Pinard, and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 23rd day of February, 1988. A 01rRON DUNIN ATTE PT: " CITY CLERK PAMELA VOGE Resolution No. 6401 (1988 Series) Page 3 cM ZJ '-- City ministrative Officer ,,0-1 / /-4—� — Cif 4ftorney C#ty Clerk c o EXHIBIT "A" B I N D I N G M E A S U R E S CITY MEASURE "D" Shall the Mobilehome Ad Hoc Committee's YES Q recommended ordinance establishing NO Mobilehome Rent Regulations be adopted? CITY MEASURE "E" Shall the proposed initiative ordinance YES 0 establishing new Mobilehome Rent Regulations NO 0 be adopted? �/ /� � l�li�e��. C�c� ������ (� i o RESOLUTION NO. 6400 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 7, 1988, AND TO BE CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON PROPOSED ORDINANCE CONCERNING MOBILEHOME RENT REGULATIONS WHEREAS, the Charter of the City of San Luis Obispo and state law provide for the City Council to place an ordinance before the voters for consideration; and WHEREAS, the City Council desires to submit to the voters at the election a question relating to mobilehome rent regulations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. There is hereby called and ordered in the City of San Luis Obispo, State of California, on Tuesday, June 7, 1988, a Special Municipal Election of the qualified electors of the city, to be consolidated with the Statewide Primary Election, to vote upon an ordinance to establish mobilehome rent regulations. SECTION 2. That the City Council pursuant to its right and authority does order submitted to the voters at the Special Municipal Election the following question: CITY MEASURE "D" Shall the Mobilehome Ad Hoc Committee's YES 0, recommended ordinance establishing NO Q" Mobilehome Rent Regulations be adopted? SECTION 3. That the proposed measure submitted to the voters is as follows: "BE IT ORDAINED by the People of the City of San Luis Obispo as follows: R6400 C Resolution No. 6400 (1988 Series) Page 2 SECTION 4. The Proposition shall pass only if a majority of the votes cast by voters for the proposed ordinance are "YES votes. SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion of Councilman Settle , seconded by Councilwoman Pinard , and on the following roll call vote: Resolution No. 6400 (1988 Series) m Page 3 AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 23rd day of February, 1988. ATTEST: V CITY CLERK PAM VIDES s s s s APPROVED: City A ministrative Officer City —At rney CitV Clerk Z?a /d 4e �� C, o January 28, 1988 Chapter 5.44 MOBILE HOME PARK RENT STABILIZATION Sections: 5.44.010 Purpose and intent. 5.44.020 Definitions. 5.44.030 Exemptions. 5.44.040 (Repealed.) 5.44.050 City Council -- Powers and duties. 5.44.060 Base space rent -- Determination -- Allowable increases without hearing 5.44.070 Application for rent adjustment-- Fee== Contents-- Notice of request -- Hearing.. 5.44.080 Application for rent adjustment -- Conduct of hearing. 5.44.090 Application for rent adjustment-- Evaluation -- Relevant factors. 5.44.100_ Application for rent adjustment -- Hearing- - Determina - tion. 5.44.110 Application for rent increase -- Hearing -- Appeal. 5.44.120 Rent increases not made in conformity with provisions -- Tenant's right to refuse to pay. 5.44.130 Actions brought to recover possession of mobile home space -- Retaliatory eviction grounds for denial. 5.44.140 Owner to provide tenants with copy of this chapter. 5.44.141 Amendment. 5.44.142 Severability. 5.44.010 Purpose and intent. A. There is presently within the city and the surrounding areas a shortage of spaces for the location of mobile homes. Because of this shortage, there is a very low vacancy rate, and rents have been for several years, and are presently, rising rapidly and causing concern among a substantial number of San Luis Obispo residents. 0 0 B. Mobile home tenants, forced by the lack of suitable alternative housing, have had to pay the rent increases and thereby suffer a further reduction in their standard of living. C. Because of the high cost and impracticability of moving mobile.homes, the potential for damage resulting therefrom, the requirements relating to the installation of mobile homes, including permits, landscaping and site preparation, the lack of alternative homesites for mobile home residents, and the substantial investment of mobile home owners in such homes, this council. finds and declares it necessary to protect the owners and occupiers of mobile homes from unreasonable rent increases, while at the same time recognizing the need of park owners to receive a suitable profit on their property with rental income sufficient to cover increases in costs of repair, maintenance, insurance, utilities, employee services, additional amenities, and other costs of operation, and to receive a fair return on their property. D. This council finds that the present low vacancy rate and frequent rent increases are particularly hard upon and unfair to residents of mobile home parks within the city. Large numbers of these residents are senior citizens and others on fixed incomes -.who installed their mobile homes in the city when the present inflationary rent increases could not reasonably have been foreseen. E. However, this council recognizes that a rent stabilization ordinance must be fair and equitable for all parties and must provide appropriate incentives for mobile home park operators to continue their parks profitably, as well as to attract additional investors for new parks. (Ord. 923 §1 (part), 1982: prior code §4800) 5.44.020 Definitions For the purpose of this chapter, certain words and phrases used herein are defined as follows: A. "Capital improvements" means those improvements, not previously located in the mobile home park, that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may -be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and regulations issued pursuant thereto; 2 0 0 provided, that this definition shall be limited to capital improvements approved by more than fifty percent of the tenants in the affected park. B. "Mobile home park" means an area of land which rents spaces for mobile home dwelling units. C. "Mobile home park owner" or "owner" means the owner, lessor, operator or manager of a mobile home park. D. (Repealed) D. "Mobile home tenant" or "tenant" means any person entitled to occupy a mobile home within a mobile home park pursuant to ownership of the mobile home or under a rental or lease agreement with the .owner of the mobile home. E. "Rehabilitation work" means any renovation or repair work completed on or in a mobile home park performed in order to comply with the direction or order of a public agency or public utility, or to maintain existing improvements in a safe and usable condition, or to repair damage resulting from fire, earthquake or other casualty. F. "Space rent" means the consideration, including any security deposits, bonuses, benefits or gratuities, demanded or received in connection with the use and. occupancy of a mobile home space in a mobile home park, or for housing services provided, but exclusive of any amount paid for the use of a mobile home dwelling unit. (Ord. 923 §1 (part), 1982: prior code §4801) G. "Change of ownership" means the sale, rental transfer, or exchange of a mobile home subject to the provisions of this chapter excepting the transfer to tenant's spouse by gift, bequest or devise. H. "Hearing Officer" means the duly appointed hearing officer selected from a panel of qualified hearing officers. A hearing officer shall have no financial interest in either a mobile home park or a mobile home nor have been a resident of nor reside in a mobile home park. I. "Appellate Panel" means a panel of three qualified hearing officers. A panelist shall have no financial interest in either a mobile home park or a mobile home nor have been a resident of nor reside in a mobile home park. 3 O • J. "CPI" shall be'the Consumer Price Index (1967 =100) All Items,, All Urban Consumers, for the Los Angeles /Long Beach /Riverside standard metropolitan statistical area published by the Bureau of Labor Statistics, United States Department of Labor. If the CPI is not hereafter published, then any substitute index, or, if none, then the index most closely resembling the CPI shall become the new CPI. R. "Qualified Hearing Officer ". The City Administrative Officer shall maintain a list of available qualified. hearing officers. Qualified hearing officers shall be persons experienced in financial and accounting methods with knowledge of mediation process and rules of evidence. 5.44.030 Exemptions.. The provisions of this chapter shall not apply to the following tenancies in mobile home parks- A. Mobile home park spaces rented for nonresidential uses; B. Mobile home parks managed or operated by the United States Government, the state of California, or _.the county of San Luis Obispo; C. Tenancies which do not exceed an occupancy of twenty days and which do not contemplate an occupancy of.more than twenty days. D. Tenancies for which any federal or state law or regulation specifically prohibits rent regulation; E. Tenancies covered by leases or contracts which provide for a tenancy of more than a year, but only for the duration of such. lease or contract. Upon the expiration of or other termination of any such lease or contract, this chapter shall immediately be applicable to the tenancy. No rent increases other than that allowed under the provisions of the lease, .shall be allowed during the duration of such a lease or contract. F. Spaces in a mobile home park 66.67% of said spaces are governed initial term of more than one year. G. Mobile home parks which sell built or manufactured housing, 4 in which at least by a lease with an lots for factory - or which provide c l o. condominium ownership of such lots, even if one or more homes in the development are rented or leased out. (Ord. 923 §1 (part), 1982: prior code §4802) 5.44.040 (Repealed) 5.44.050 City Council -- Powers and duties. Within the limitations provided by law and in addition to any other powers and duties the Council has, the City Council shall have the following powers and duties: A. To meet from time to time as required to receive, investigate, hold hearings on, and pass upon the issues relating to mobile home park rent stabilization as set forth in this chapter; B. To direct staff to make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary for Council to carry out its duties; C. To adopt, promulgate, amend and rescind administrative rules, as it deems appropriate to effectuate the purposes and policies of this chapter. (Ord. 923 §1 (Part 1952: prior code §4804) 5.44.060 Base space rent - - -- Allowable increases without hearing. A. The "base space rent" for purposes of this chapter shall be the monthly space rent charged as of March 15, 1982 plus any increases otherwise allowed, pursuant to this Chapter. The maximum monthly space rent for any space under a lease, upon expiration of the lease shall be no more than the •rent charged in the last month 'of said lease. In parks where there is an exemption because 66.67% of the spaces are governed by a lease with an initial term of .more, than one year, then the maximum monthly space rent shall be the space rent designated in leases for comparable spaces. A schedule of current rents in the park shall be posted in a conspicuous place in the park. B. Except as otherwise provided in this chapter, the maximum monthly space rent may be increased no more than once a year based on the percentage change in the 5 C� O CPI, or 9 %, whichever is less, calculated as follows: 1. The maximum monthly space rent may be increased at a rate equal to 100 percent (100 %) of the CPI up to 5 percent (5 %) and 75 percent (75 %) of the CPI in excess of 5 percent (5 %) calculated as follows: .a. The change in space rent shall be calculated by dividing the ending CPI index by the beginning CPI index. .b. If the resulting quotient is less than 1.05, then it shall be multiplied by the space rent. The resulting product shall be the new space rent. .c. If the resulting quotient is greater than 1.05, then the difference between the resulting product and 1.05 shall be multiplied by 75 percent. The resulting product shall be multiplied by the space rent and that product shall be added to the sum derived from 5.44.060 B.2 above. The sum shall be the new space rent. .d. The beginning CPI index shall be the index for the month used as the ending index for the last CPI adjustment. .e. The ending CPI index shall be the index •f or the month twelve months after the beginning index. 2. Each month the City Administrative Officer shall publish the percentage change of the CPI allowed "under this Section B for the 12 -month period immediately preceding the month for which CPI information has been most recently published. 3. It is the intention of this paragraph 5.44.060 B to allow for automatic increases in space rent based on changes in the cost of living as measured by the CPI. The limitations on such increases are intended to minimize the immediate impact drastic changes in the CPI might have on residents. The limitations are not intended to prevent ultimate adjustments to allow owners to receive a fair return on their property. C. The maximum monthly space rent of a tenant may be increased by the owner when there is a change of ownership affecting a mobile .home. However, such increase shall not exceed 10% of the then existing space rent and may not be relied upon any more often n C, 0 than once in any 36- month period as the basis to increase rent. In the event of change of ownership resulting from subletting of the mobilehome space as may be allowed by State law, should such become State law, then upon any such subletting then the space rent may be increased up to 10% of the thhen- existing space rent. In the event of change of ownership resulting from vacation of the space, then the space rent may be adjusted to fair market rent in the community. D. No owner shall either (1) demand, accept or retain a rent of or from a tenant in excess of the maximum rent permitted by this chapter, or (2) effect a prohibited rent increase by a reduction of general park facilities and services. However, an owner may modify the nature of park services if reasonable allowance is provided to the tenant. For example, if the owner elects to submeter water so that tenants pay for water consumed by them, then tenants shall receive a reasonable reduction from their base space rent. (Ord. 1079 §1, 1986; Ord. 1020 §l, 1984: Ord. 923 §1 (part), 1982.: prior code §4805) E. Space rent may be automatically adjusted based on increases in expenses for common area utilities; new government mandated services; garbage service and cable television, where applicable. The space rent may be adjusted by dividing the total increase in any such expenses incurred during a twelve -month period by twelve, less the percentage in the CPI index for the twelve -month period. The quotient shall be allocated to the space rent for each space in the park based on the amount the space rent relates to total space rent for the park. Notice of the .increase shall be in writing and shall be given as required by law no less than 60 days prior to any such increase being effective. The notice shall state the amount of the rent increase, the new space rent, the amount of the total increase in expenses and the nature of the expense. A copy of the notice shall be given to the City Administrative Officer. The City Administrative Officer shall have the authority to resolve questions regarding computation of the space rent increase based on this section. There shall only be one such increase in any twelve -month period. 5.44.070 Application for rent adjustment-- Fee -- Contents -- Notice of request -- Hearing. A. Except for automatic increases in base rent allowed under Section 5.44.060, an owner or tenant may file with the City Clerk an application for a rent 7 C • adjustment ( "application "). The application shall state the amount of the adjustment for each space affected and the reasons for the adjustment. 1. An application shall be accompanied by the payment of a fee as may be established from time to time by the council. 2. An application filed by an owner shall be accompanied by a statement stating that the tenant for each space affected has been served either personally or by mail with a notice describing the application and the change in rent or services. 3. An application filed by a tenant shall be accompanied with a statement stating that the owner has been either personally or by mail served with the application and with a statement designating not more than three persons to act as representatives for the spaces affected and containing the names and addresses of tenants representing no less than 51% of the spaces affected by the application and supporting the application and established by a secret election. 4. A statement shall accompany the application and shall notify the receiving party_ that he /she has 36 days to file an objection and if one is not filed within the time allowed, then the application will be automatically granted. B. An objection to the application may be filed with the City Clerk within 30 days after the notice of application has been served. The objection shall identify the portions of the application objected to and shall state the grounds of the objection. 1. A copy of an objection filed by an owner shall be mailed to each of the designated tenant representatives. 2. A copy of an objection filed by a tenant shall be mailed to the owner. The tenant's objection shall designate not more than three persons to act As representatives for the objecting tenants. The objection must be accompanied by a statement containing the names and addresses of tenants representing no less than 51% of the spaces affected by the owners application and verifying that they object to the application, established by secret ballot election. 8 0 0 C. If no objection is filed to an application within the time allowed, or if less than 51% of the tenants support an objection to an application, then the application will be automatically granted. D. If an objection is filed within the time provided, then the owner and the tenant representatives shall meet and confer to negotiate in.good faith an agreement regarding the application. Either party may request a mediator of their choice to assist in the negotiations, but this is not required. If an agreement is reached within 60 days, then the tenant representatives shall notify all tenants affected by the agreement. The tenants shall have 10 days to approve or disapprove of the agreement. If tenants representing a majority of the spaces affected fail to disapprove of the agreement then the agreement shall be binding on the owner and all tenants affected. The City Clerk shall be notified that an agreement has been reached. The statements made in negotiations and any agreements reached but not approved shall not be admissible in any subsequent hearings regarding the application. E. If the owner and the tenant representatives fail to reach an agreement within the time provided or if a majority of the tenants disapprove of an agreement reached, then the applicant shall within 10 days notify the City Administrative Officer that an agreement has not been reached. The City Administrative Officer shall obtain a list of no less than five (5) qualified hearing officers. Owners and tenants may each delete one person from the list of qualified hearing officers within seven (7) days and one of the remaining persons shall be selected by the City Administrative Officer as the hearing officer. Appointment of the hearing officer shall be completed no later than twenty -one days after filing of the notice that an agreement has not been reached. F. The hearing officer shall set a hearing on the application complying with the requirements of this section no less than ten days and no more than thirty days after his appointment. The hearing officer shall notify the owner and tenants, in.writing, of the time, place and date set for the hearing. No hearing or any part hereof may be continued beyond thirty days after the initial hearing date, without the applicant's consent. If the hearing officer approves an application as requested or as modified, the same shall A N take effect as noticed by the owner or as the hearing officer may otherwise direct. (Ord. 1077 §2, 1986; Ord. 923 §l (part), 1982: prior code §4806) 5.44.080 Application for rent adjustment -- Conduct of hearing. A. All review hearings conducted by, the hearing officer shall be conducted in accordance with the Ralph M. Brown Act, at Section 54950 et seq, of the California Government Code and according to the rules of the American Arbitration Association. B. All interested parties to a hearing may have assistance from an attorney or such other personas may be designated by the parties in presenting evidence or in setting forth by argument their position. All witnesses shall be sworn in and all testimony shall be under penalty of perjury. C. In the event that either the owner or the tenant(s) should fail to appear at the hearing at the specified time and place, the hearing officer may hear and review such evidence as may be presented and make such decisions as if all parties had been present. D. Owner and affected tenants may offer any testimony, documents, written declarations or other relevant evidence. E. Formal rules of evidence shall not apply. F. Minutes shall be taken at all hearings. (Ord. 923 §1 (part), 1982: prior code §4807) 5.44.090 Application for rent adjustment-- Evaluation -- Relevant factors. In evaluating the application the hearing officer may consider, along with all other factors it considers relevant, changes in costs to the owner attributable to increases or decreases in master land and /or facilities lease rent, utility rates, property taxes, insurance, advertising, variable mortgage interest rates, employee costs, normal repair and maintenance, and other considerations, including, but not limited to, rehabilitation work, capital improvements, upgrading and addition of amenities or services, net operating income, and the level of rent necessary to permit a just and reasonable return on the owner's property. 10 C 0 (Ord..923 §1 (part), 1982: prior code § 4808) A. In applying the foregoing factors, the hearing officer shall utilize the maintenance of net operating income (MNOI) formula. Under the MNOI allowable gross .rents are calculated as follows: All operating expenses for the twelve -month period ending December 31, 1981 are subtracted from all operating expenses for the twelve -month period immediately preceding the date of the application for which expense data is available. In the event operating expenses are not available for the period ending December 31, 1981, then expenses for a twelve -month period reasonably close to December 31, 1981 may substituted. The difference shall be added to gross annual rent based on rental rates in effect on March 15, 1982. The sum shall.be the allowable gross annual space rent. The allowable gross space rent shall be fairly apportioned between all spaces in the park. The space rent determined under the MNOI formula shall be adjusted as follows: 1. There shall be an adjustment to allow for inflation calculated as follows. The net operating income (NOI) for the base period shall be calculated by subtracting the park's operating expenses for the twelve -month period ending December 31, 1982, from the park's annual gross space rent based on the space rent in effect• on March 15, 1982. The CPI index for the month most I ecently available prior to filing the application- shall be divided by the CPI index for March, 1982. The resulting quotient shall be multiplied by the base period NOI. This shall be the adjusted NOI. The operating expenses for the twelve - month period immediately preceding the date of the application for which information is available shall be added to the adjusted NOI. The sum shall be the inflation adjusted gross space rent. The allowable space rent shall be the greater of the space rent calculated using the MNOI formula and the space rent adjusted for inflation. 2. In calculating MNOI there shall be an adjustment to the gross space rent in effect on March 15, 1982, if the hearing officer determines that the gross space rent in effect on that date did not allow the owner to receive a just and reasonable return on his property. 3. If the hearing officer concludes that the MNOI formula, and the adjustments thereto, does not provide a just and reasonable return to the owner, 11 C� then the hearing officer may apply any reasonable formula, including a return on investment, a return on fair market value, or return on equity, to determine a space rent which will allow the owner to receive a fair and reasonable return on his property. B. The hearing officer shall not consider income arising from spaces leased in the park pursuant to 5.44.030(E) of this chapter. Likewise, the hearing officer shall not consider a pro rata portion of the expenses of park operation attributable to the leased spaces. 5.44.100 Application for rent adjustment-- Hearing -- Determination. A. The hearing officer shall make a final decision no later than twenty days after the conclusion of its hearing. The hearing officer's decision shall be based on the preponderance of the evidence submitted at the hearing. The decision shall be based on findings. All parties to the hearing shall be advised by mail of the hearing officer's decision and findings. B. Pursuant to its findings, the hearing officer may: 1. Permit the requested adjustment to become effective, in whole or in part; or 2. Deny the requested adjustment; or 3. Permit or deny, in whole or in part, requested reductions of, or charges for, facilities or services. C. Any decision of the hearing officer shall be final unless, within fifteen days after mailing of the decision and findings the owner or any affected tenant appeals the decision. (Ord. 923 §1 (part), 1982; prior code §4809) D. The hearing officer's charges shall be paid by the r;tv 5.44.110 Application for rent adjustment -- Appeal -- Hearing. A. Any appeal from a decision of the hearing officer shall be filed with the City Clerk. The appellant shall also mail a copy of the appeal to the responding party. The appeal shall state the grounds on which it is based. An appeal filed by a tenant shall be accompanied by a statement containing the names and 12 addresses of the tenants supporting the appeal. The appeal must be supported by at least 51 percent of the tenants affected by the appeal. B. Upon filing of a valid appeal, the City Administrative Officer shall obtain a list of no less than seven (7) qualified hearing officers. The hearing officer who previously acted shall not qualify, Owners and tenant representatives may each delete one person from the list of qualified hearing officers within seven days, and three of the remaining persons shall be selected by.the City Administrative Officer as the Appellate Panel. Appointment of the Appellate Panel shall be completed no later than twenty -one (21) days after filing the appeal. C. At the time set for consideration of the appeal the Appellate Panel shall review and consider the record of the hearing officer's hearing as well as the decision and finding of the hearing officer. After review and consideration the Appellate Panel may either (1) determine that a further hearing shall be held, or (2) ratify and adopt the decision and findings of the hearing officer. If a further hearing is conducted, the Appellate Panel may upon conclusion of that hearing and in no event more than thirty days thereafter, modify or reverse the decision of the hearing officer, only if the Appellate Panel finds that there has been an abuse of discretion or that there is no substantial evidence to support the hearing officer's decision. (Ord. 923 §1 (part), 1982: prior code §4810) The Appellate Panel's decision shall be final and no appeal may be taken to Council. D. If the party filing the appeal is unsuccessful, then that party shall pay the Appellate Panel's charges. If the responding party is unsuccessful, then both parties and the City shall share equally in payment of the Appellate Panel's charges.. 13 G 5.44.120 Rent increases not made in conformity with provisions -- Tenant's right to refuse to pay. A tenant may refuse to pay any increase in rent not made in conformity with this chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobile home space or to collect the rent increase. (Ord. 92.3 61 (part), 1982: prior code §4811) 5.44.130 Actions brought to recover possession of mobile home space -- Retaliatory eviction grounds for denial. Notwithstanding Section 5.44.120, in any action brought to recover possession of a mobile home space, the court may consider as grounds for denial any violation.of any provision of this chapter. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this chapter shall be grounds for denial. (Ord. 92.3 §1 (part), 1982: prior code 64812) 5.44.140 Owner to provide tenants with copy of this chapter. Any tenant offered a lease or contract which if accepted and fully executed would be exempt from the provisions of this chapter (Section 5.44.030E) shall'at the time of the offer also be provided with a copy of this chapter. (Ord. 923 §1 (part), 1982: prior code. §4813) 5.44.141 Amendment The provisions of this Chapter 5.44 may be amended by a majority vote of the City Council. 5.44.142 Severability If any portion of this Chapter is then that shall in no way affect remaining portions of this Chapter. ord \mobile.rin (01/28/88) 14 found to be invalid, the validity of the