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RESOLUTION NO. 9173 (2001 Series)
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A VOLUNTARY CONTRIBUTION CHECK -OFF PROGRAM
WHEREAS, as a general rule, communities are in a better position than State
government to make decisions governing local affairs, educate the citizenry as to the benefits of
strong local government, and advocate on behalf of cities; and
WHEREAS, measures enacted through the legislative process, as well as by statewide
ballot initiatives, over the past 20 years have produced the unintended consequences of
destabilizing city finances and have weakened the ability of city residents to govern local affairs
through their elected community representatives; and
WHEREAS, several statewide commissions and study groups are preparing
recommendations for local.govetnment reform which may be considered by the voters through
the initiative process, and cities may wish to propose changes proactively, as well; and
WHEREAS, many of the "local government reform" changes proposed by others which
will appear on a statewide ballot are likely to further weaken constitutional protections of local
self - determination unless information is provided to the voters using conventional campaign
methods; and
WHEREAS, Action for Better Cities was created by the Board of Directors of the
League of California Cities for that purpose; and
WHEREAS, elected officials in local government have the opportunity to provide
leadership in Action for Better Cities through voluntary financial assistance; and
WHEREAS, monies collected by Action for Better Cities shall be limited to those
programs and efforts intended specifically for strengthening the position of local government.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that:
SECTION 1. There is hereby established the Voluntary Contribution Check -Off
Program of the City of San Luis Obispo.
SECTION 2. Any member of the City Council of the City of San Luis Obispo is eligible
to participate in the Program.
R 9173
Resolution No. 9173 (2001)
Page 2
SECTION 3. The purpose of the Program is to allow any member of the City Council to
direct the City of San Luis Obispo to remit a portion of his/her salary to charitable,
educational, governmental, or other purposes for which non - profit mutual benefit corporations
are organized.
SECTION 4. Participation in the Program is voluntary.
SECTION 5. The City Administrative Officer is directed to do all things necessary and
proper to implement the Program established by this Resolution including, but not limited to,
preparing appropriate forms to be completed by participating city council members, informing
city council members of the full range of charitable, educational, governmental, or other
purposes for which non -profit mutual benefit corporations are organized, carrying out the
direction of the participating city council members by remitting a portion of their salary as
stated in the appropriate forms.
SECTION 6. In establishing this Program, the City Council specifically wishes to make
its support known for a voluntary contribution check -off to support the mission and objectives
of Action for Better Cities.
Upon motion of Vice Mayor Ewan, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 24`h day of April 20*Alen 01.
Mayettle
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Lee Price,,City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9172 (2001 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS
FROM THE CALIFORNIA DEPARTMENT OF FISH AND GAME'S
FISHERY RESTORATION GRANTS PROGRAM
IN SUPPORT OF THE PROJECT KNOWN AS
THE FROOM CREEK ROAD STABILIZATION PROJECT
WHEREAS, the Califomia Department of Fish and Game ("Department') has
requested proposals for the California Coastal Salmon Recovery Program for fishery
conservation work throughout the State of California; and
WHEREAS, The City of San Luis Obispo maintains a strong interest in the
potential for improvement of in -stream and riparian habitat within San Luis Obispo Creek
and its tributaries; and
WHEREAS, City staff have identified the decommissioning and stabilization of a
road alongside Froom Creek in the Irish Hills as a means to improve in -stream and riparian
habitat of Froom Creek, which is known to contain southern steelhead spawning habitat.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Luis Obispo hereby:
SECTION 1. Authorizes the filing of an application for grant funds from the
California Fishery Restoration Grant Program for the project known as Froom Creek Road
Stabilization Project; and
SECTION 2. Appoints the City Administrative Officer as agent of the City to
conduct all negotiations, execute and submit all documents, including, but not limited to,
applications, agreements, amendments, payment requests and so on, which may be
necessary for the completion of the aforementioned project.
On motion of Vice Mayor Ewan, seconded by Council Member Mulholland and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20 day of April 2001.
R 9172
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ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9171.(2001 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION
TO THE LAND AND WATER CONSERVATION FUND IN SUPPORT
OF THE PROJECT KNOWN AS THE AHEARN PROPERTY ACQUISITION
WHEREAS, the Congress of the United States has established the Land and Water
Conservation Fund, which provides funds to the States for grants to local agencies to acquire
and/or develop facilities for public recreation and wildlife habitat protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been assigned the
responsibility for the administration of a portion of the program.within California, including the
establishment of necessary procedures governing grant applications by local agencies under the
program; and
WHEREAS, said procedures require the applicant to certify by resolution the approval of
the application before submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of California for
acquisition or development of the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application to the Land and Water Conservation Fund Grant
Program in support of the Ahearn property acquisition project for purposes of habitat protection
and enhancement; and
2. Certifies that said applicant understands the assurances and certification in the application
form; and
3. Certifies that said applicant has or will have available prior to commencement of any
work on the project included in this application, the required match and will have sufficient funds
to operate and maintain the project; and
4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned project.
On motion of Vice Mayor Ewan, seconded by Council Member Mulholland, and on the
following roll call vote:.
AYES: Council Members Ewan, Marx, Mulholland, Schwartz, Mayor Settle
NOES: None
ABSENT: None
R9171
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Resolution No. 9171 (2001 Series)
Page 2
The foregoing resolution was adopted this 24`h day of April, 2001.
Allen K. Settle,
Lee Price C.M.C.
City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9170 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S ACTION AND APPROVING CHANGES TO THE MARSH
STREET GARAGE EXPANSION PROJECT AT 860 PACIFIC STREET, (ARC28-
99MOD)
WHEREAS, the City of San Luis Obispo's Architectural Review Commission held
a regular meeting on February 5; 2001 to consider changes to the Marsh Street Parking
Garage Expansion project at 860 Pacific Street; and
WHEREAS, the Architectural Review Commission on February 5, 2001 approved
the project changes based on findings and subject to conditions; and
WHEREAS, Eugene Judd, Save SLO, Citizens for Ethical Planning and the Old
Town Neighborhood Association filed an appeal of that action on February 15, 2001, asking
the City Council to consider denying the project; and
WHEREAS, the City Council conducted a public hearing on, April 3, 2001, for the
purpose of considering the appeal to the Architectural Review Commission action on the
project; and
WHEREAS, the City Council has considered testimony of the applicant, appellants,
interested parties, the records of the Architectural Review Commission hearings and actions,
and the evaluation and recommendation of staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Luis Obispo as follows:
. SECTION 1. Findings. That this Council, after consideration of architectural
review permit application ARC28 -99 (MOD), the appeal, the Commission's decision, staff
recommendation, public testimony, and reports thereof, makes the following findings:
The modified garage design (with the project changes) is in substantial compliance with the
previous design that was approved by the ARC in October 1999.
The multi-level parking garage is consistent with the General Plan and the Downtown
Physical Concept Plan, which shows the site developed with a parking structure.
The proposed use is appropriate at the proposed location and will be compatible with
surrounding uses with implementation of the conditions of approval and the mitigation
measures contained in the FEIR and EIRS.
R 9170
Resolution No. 9170 (/_v01 Series)
Page 2 of 2
SECTION 2. Appeal Denied. The appeal of the Architectural Review
Commission's action conditionally approving the project is hereby denied, and the ARC's
action is upheld subject to the following conditions:
All applicable City Council approved mitigation measures contained in the Final EIR and
EIRS shall be included as conditions of approval, and are incorporated herein by reference.
Final project design and construction drawings shall be in substantial compliance with the
project plans as amended and approved by the ARC.
All applicable conditions from the previous approval shall apply to the revised garage
design.
Architectural embellishments such as scoring and other decorative treatments shall be
incorporated into the Morro Street Elevation.
Sidewalk bulb -outs shall be provided at the southern and western comers of the Morro
Street and Marsh Street intersection.
A pedestrian way shall be delineated from the Pacific Street entrance of the structure leading
pedestrians to the Marsh Street alley and the Downtown Center.
The lobby windows on Morro Street, facing the Post Office shall be enlarged to allow for
more natural light penetration.
Windows facing Morro Street should be vertically.oriented to be more consistent with the
architectural character of surrounding structures.
If the budget allows, an ornamental arched form above the sheer panel shall be incorporated
into the Mono Street elevations.
The automobile entrance /exit on the Morro Street and Pacific Street elevations shall be
designed with a slight arch, as shown on the original project plans.
On motion of Mayor Settle, seconded by Council Member Schwartz, and on the
following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
Resolution No. 9170 (�u61 Series) O
Page 3 of 3
The foregoing resolution was passed and adopted this 3rd day of April 2001.
Mayor Allen Se le
ATTEST:
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Lee rice, (Ay Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9169 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE TRACT 2401, SUBDIVIDING A 13.6 -
ACRE SITE INTO 54 RESIDENTIAL LOTS AND ONE OPEN SPACE PARCEL
AT 11955 LOS OSOS VALLEY ROAD (TR/PD 87 -00)
WHEREAS, the Planning Commission conducted a public hearing on January 10,
2001 and recommended approval of Vesting Tentative Tract Map TR 87 -00; and
WHEREAS, the City Council conducted a public hearing on February 20 and April
3, 2001 and has considered testimony of other interested parties, the records of the Planning
Commission hearing and action, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the proposed subdivision is consistent with
the General Plan, the Zoning Regulations, and other applicable City ordinances with
approval of the requested Planned Development (PD) rezoning; and
WHEREAS, the City Council has considered the project's Mitigated Negative
Declaration for its adequacy in evaluating this request.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San
Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration approved in conjunction with the project's Planned Development
rezoning adequately addresses the potential significant environmental impacts of the
proposed project. All mitigation measures shall be applicable to this project.
SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative
Tract Map TR 87 -00 and the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the
General Plan which designates this area as Medium Density Residential.
The site is physically suited for the type and density of development allowed in the R -1 -PD,
R -2 -PD, and R -3 -PD zones.
3. As conditioned, the design of the subdivision and the proposed improvements are
not likely to cause serious health pfoblems, substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat.
4. The subdivision will not have a significant adverse impact on the environment with
incorporation of the recommended mitigation measures into the project.
R 9169
Resolution No. 9169 (2001 Series) O
Page 2 of 2
SECTION 3. Approval. The request for approval of Vesting Tentative Tract Map
TR 87 -00 is approved subject to the Council approval of the PD rezoning and Mitigated
Negative Declaration for the DeVaul Ranch South Planned Development and the following
phasing schedule, conditions and code requirements:
(Growth Management Phasing Schedule)
The project shall comply with the City Council approved residential growth management
phasing schedule for Irish Hills South..
(Tentative Map Conditions)
The subdivider shall dedicate 69 feet of property adjacent to Los Osos Valley Road for
public right -of -way purposes, to the satisfaction of the Director of Public Works. The
proposed drainage easement shall be contiguous with the street dedication (not within the
street right -of -way to be dedicated). The width of the easement depends on the alignment
and whether a pipe system or open channel is constructed.
Los Osos Valley Road shall be improved with a 2 meter wide detached sidewalk, within a
4.267m (14 feet) wide landscaped parkway, street pavement, raised median island, signing,
striping, street lights, etc., to the satisfaction of the Director of Public Works. Said
improvements shall align with the Los Osos Valley Road improvements required of
Tentative Tract 2307 (DeVaul Ranch).
If the pavement requirements, along the Los Osos Valley Rd. frontage of this tract, are
completed under another adjacent development project, the subdivider shall pay
reimbursement for such work, as determined by the Public Works Director, prior to final
map approval. Traffic lane transitions required by the City and/or County for such adjacent
project shall not be subject to reimbursement.
The final alignments and grades of all street improvements, water mains, sewer mains,
storm drains and utilities are subject to minor adjustments, to the satisfaction of the Director
of Public Works and City Utilities Engineer.
All internal streets shall be improved with curbs, gutters & detached sidewalks, landscaped
parkways and bulb -outs (without speed tables), full width street pavement, signing, striping,
street lights, etc., in accordance with the approved conditions and tentative map for tract
2307, to the satisfaction of the Director of Public Works.
Vehicular access rights along Los Osos Valley Road shall be dedicated to the City.
The subdivider shall dedicate a 2m -wide public utility easement across the frontage of each
lot along internal streets and a 3 m -wide easement along Los Osos Valley Road, to the
satisfaction of the Public Works Director. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering each lot.
Resolution No. 9169OO1.Series)
Page 3 of 3
The subdivider shall dedicate a 3m wide street tree easement across the frontage of each lot.
Said easement shall be adjacent to and contiguous with all public right -of -way lines
bordering each lot.
If construction phasing of the new street pavement is proposed, the phasing shall provide for
the ultimate structural street section and pavement life (per the City's Pavement
Management Plan) prior to acceptance by the City. The engineer or record shall detail this
requirement in the public improvement plans, to the satisfaction of the Public Works
Director.
The subdivider shall install street lighting and all associated facilities (conduits, vaults,
fusing, wiring, luminaries, etc.) per City standards, to the satisfaction of the Director of
Public Works.
Sewer lift station charges are required to be paid prior to recordation of the final map as
determined by the Utilities Engineer.
Final grades and alignments of all public water, sewer and storm drains (including service
laterals and meters) shall be subject to change to the satisfaction of the Director of Public
Works and Utilities Engineer.
The subdivider shall place underground, all existing overhead utilities along the Los Osos
Valley Road frontage, to the satisfaction of the Public Works Director and utility companies.
If this underground work is completed by another developer, the subdivider shall reimburse
such party for the pro -rata share of this work, prior to final map approval, to the satisfaction
of the Public Works Director.
Storm detention facilities are required. Detention basin and associated control facilities shall
be privately owned and maintained by a "homeowners association ".
All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Director of Public Works.
The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final
map where necessary (e.g. - all record data shall be entered on the map in the record units,
metric translations should be in parenthesis), to the approval of the City Engineer.
All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
Resolution No. 9169 �z_001 Series)
Page 4 of 4
Prior to approval of the public improvement plans, the developer's engineer shall submit a
digital copy of the public improvement plans to the Director of Public Works. The format
shall be compatible with Autocad (Digital Interchange Format, DXF) for Geographic
Information System (GIS) purposes.
Prior to acceptance by the City of any public improvements, the developer's engineer shall
submit a digital copy, in addition to the plan-set, of the revised "record drawing" public
improvement plans to the Director of Public Works. The format shall be compatible with
Autocad (Digital Interchange Format; DXF) for Geographic Information System (GIS)
purposes.
Pedestrian- Bicycle Connections to Adjoining Tract: Improvement plans for this project
must demonstrate how non - motorized public access will be provided from the northwest
ends of Streets `B" and "C" to similar cul -de -sacs that are part of the adjoining subdivision,
Tract 2307 (DeVaul Ranch) to the west.
Frontage Improvements and Delineation Plan: The location of the curb line along Los Osos
Valley Road shall be set at its ultimate location, to the approval of the Public Works
Director. A delineation plan shall be submitted that shows all modifications to lane striping
and installation of medians within Los Osos Valley Road across this project's frontage.
This delineation plan shall be coordinated with those for the approved subdivision to the
northwest (DeVaul Ranch) and the commercial subdivision to the southeast ( Froom Ranch),
to the satisfaction of the Public Works Director.
Traffic mitigation measures identified under Tentative Tract 2307 (DeVaul Ranch) shall be
met and/or guaranteed under a subdivision agreement prior to recordation of the final map
for this tract, to the satisfaction of the Public Works Director and Community Development
Director.
The applicant shall prepare and submit an Affordable Housing Agreement for City review
and approval per Section 17.19.110 of the Zoning Regulations.
All traffic and pedestrian signage shall comply with international design standards.
Street name signs shall comply with the newly adopted City standards.
Final design and location of the emergency access to the Froom Ranch property shall be
approved by the Public Works Director, Community Development Director and Fire Chief.
(Code Requirements)
Traffic impact fees are required to be paid prior to the issuance of a building permit.
EPA Requirement: General Construction Activity Storm Water Permits are required for all
storm water discharges associated with a construction activity where clearing, grading and
excavation results in land disturbance of five or more acres. Storm water discharges of less
than five acres, but which is part of a larger common plan of development or sale, also
Resolution No. 9169 kz001 Series)
Page 5 of 5
require a permit. Permits are required until the construction is complete. To be covered by
a General Construction Activity Permit, the owner(s) of land where construction activity
occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to
the State Water Board.
Final street tree selection shall be approved by the City Arborist and the Community
Development Director. Suitable street trees for the project include Melaleuca linariifolia,
Quercus suber, Gleditsia triacanthos, Tipuana tipu, or Tristania conferta (no single species
should constitute more than 50% of the total street tree population for this development).
Upon development, a water allocation will be required, due to the additional demand on the
City's water supplies. Currently, a water allocation can only be obtained through the water
retrofit program. The City's Water Conservation division can help in determining the
needed allocation and the necessary number of retrofits. Water Conservation can be reached
by calling 781 -7258. The cost of retrofitting is directly credited against the project's Water
Impact Fees, at a rate of $150 per bathroom retrofitted.
Water and Wastewater Impact Fees shall be paid at the time building permits are issued.
Currently, the Water Impact Fee is $6,827 per residential unit, and the Wastewater Impact
Fee is $2,703.
The owner's engineer shall submit water demand and wastewater generation calculations so
that the City can make a determination as to the adequacy of the supporting infrastructure.
If it is discovered that an offsite deficiency exists, the owner will be required to mitigate the
deficiency as a part of the overall project. Currently, it is expected that a portion of the
existing gravity sewer system will require improvement in order to accommodate the
additional flows from this project.. In addition, the project developer will be required to pay
the project's fair share of the cost to provide additional capacity at the Water Reclamation
Facility, the Laguna Lift Station, and possibly the Howard Johnson Lift Station, as well.
Water and wastewater facilities shall be designed in accordance with the City's design and
drafting standards: The tentative map shall indicate that the minimum design standards can
be achieved, including 8" min. sewer mains at 0.5% minimum slope.
The applicant shall pay park -in -lieu fees consistent with San Luis Obispo Municipal Code
Section 16.40.080
SECTION 4. Effective Date. The resolution shall go into effect upon completion of the
annexation of the property to the City of San Luis Obispo and Council approval of the
Planned Development rezoning and Mitigated Negative Declaration.
Resolution No. 91692001 Series)
Page 6 of 6
Upon motion of Mayor Settle, seconded by Vice Mayor Ewan, and on the following
roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan, and Mayor
Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 3`d day of April 2001.
ATTES
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9168 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT,
ADOPTING A NEW PARKS AND RECREATION ELEMENT /MASTER PLAN
WHEREAS, the City Council conducted a public hearing on April 3, 2001, and has
considered testimony of interested parties, the records of the Planning Commission hearing,
the records of the Parks and Recreation Commission hearing, and the evaluations and
recommendations of staff, and
WHEREAS, the City Council has considered the draft Negative Declaration of
Environmental Impact as prepared by the staff and reviewed by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and
determines that the project' s Negative Determination adequately addresses the potential
environmental impacts of the proposed Element update, and reflects the independent
judgment of the City Council. The Council determines that the Element update will have no
significant impacts on the environment. The Council hereby adopts said Negative
Declaration.
SECTION 2. Repeal of Previous Element. The Parks and Recreation Element
adopted in 1995 is hereby repealed on the effective date of the adoption of this resolution.
SECTION 3. Adoption of New Element. The revised Parks and Recreation
Element / Master Plan consisting of the text dated April, 3, 2001, on file in the City Clerk's
Office is hereby adopted.
SECTION 4. Publication and Availability. The Community Development Director
caused the newly adopted Element to be published and provided to City officials, concerned
citizens, and public libraries, and made available to the public at a cost not to exceed the cost
of reproduction.
SECTION 5. Effective Date. The newly adopted Element shall be effective on the
thirtieth day after passage of this resolution.
Upon motion of Council Member Mulholland, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
R 9168
Resolution No. 9168 d�01 Series) �l
Page 2 of 2
The foregoing resolution was adopted this 3rd day of April 2001.
APPROVED AS TO FORM:
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RESOLUTION NO. 9167 (2001 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION
TO THE COASTAL RESOURCES GRANT PROGRAM
IN SUPPORT OF THE PROJECT KNOWN AS AHEARN PROPERTY
ACQUISITION
WHEREAS, the legislature of the State of California has established the Coastal
Resource Grant Program, which provides funds to local agencies, special districts, and
nonprofit organizations to acquire and/or develop facilities in the State's coastal regions for
public recreation and wildlife habitat protection purposes; and
WHEREAS, the State Resources Agency has been assigned the responsibility for
the administration the program, including the establishment of necessary procedures
governing grant applications; and
WHEREAS, said procedures require the applicant to certify by resolution the
approval of the application before submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of California
for acquisition or development of the project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Luis Obispo hereby:
1. Authorizes the filing of an application to the State Coastal Resource Grant Program
in support of the Ahearn property acquisition project for purposes of habitat protection and
enhancement; and
2. Certifies that said applicant understands the assurances and certification in the
application form; and
3. Certifies that said applicant has or will have available prior to commencement of any
work on the project included in this application, sufficient funds to operate and maintain the
project; and
4. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Approved and adopted this 3rd day of April 2001.
On motion of Council Member Schwartz, seconded by Council Member Marx and on the
following roll call vote:
R 9167
Resolution No. 9167 (/001 Series)
Q
Page 2 of 2
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`a day of April 2001.
Al en K. Settle, ayor
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Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9166 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING LOT LINE ADJUSTMENT MAP LLA 1 -019
INCLUDING EXCEPTIONS TO SUBDIVISION REGULATIONS FOR
TWO LOTS (LOTS 4 AND 7), LOCATED AT 2201 LAWTON STREET
WHEREAS, the City Council conducted a public hearing on March 20, 2001, and
considered the applicant's request fora lot line adjustment map to consolidate portions of 14
lots that existed prior to 1977, and exceptions to lot area and width for Parcel 4, and lot area
for Parcel 7, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exceptions are consistent with the Zoning and Building Regulations, and other
applicable City ordinances; and
WHEREAS, the City Council finds that the lot line adjustment is categorically
exempt as provided for by California Environmental Quality Act Guidelines, Section 15305
Minor Alterations in Land Use Limitations.
NOW THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of Lot Line
Adjustment Map No. LLA 1 -01, staff recommendations and reports thereof, makes the
following findings:
The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
With minor exceptions to the subdivision regulations, the resulting parcels from the lot line
adjustment will conform to the City's Zoning Regulations and building codes.
The site is physically suited for the type and density of development allowed in the R -1
zone.
The proposed lot line adjustment is categorically exempt from environmental review
pursuant to Section 15305 of the CEQA Guidelines.
SECTION 2. Conditions. Lot Line Adjustment Map No. 20 -99 (County Map No.
SLO 99 -006), including exceptions to the Subdivision Regulations is approved subject to the
following conditions and code requirements:
The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot
Line Adjustment ", along with recording and processing fees, and an 8 -1/2 x 11 map exhibit
Resolution No. 9166 (2001 Series)
Page 2 of 2
suitable for recording, to the City Engineer for review, approval and recordation, based on
samples available in the Community Development Department.
The location of all existing utilities (water, sewer, gas, electric, telephone and cable. TV)
shall be verified, and if they cross the proposed property boundaries those utilities shall be
relocated, or appropriate easements granted, to provide service directly from the public
right -of -way adjacent to each parcel. The Building Division shall review any plan to
relocate or create easements prior to recordation.
SECTION 3. Exceptions. That the requested exceptions to Sections 16.36.160 of
the Subdivision Regulations be approved along with the tentative map for Lot Line
Adjustment LLA 1 -01 based on the following findings:
The property to be divided is of such size or shape, or is affected by such topographic
conditions, that it is impossible, impractical or undesirable, in the particular case, to conform
to the strict application of the regulations codified in Title 16 of the Municipal Code
(Subdivision Regulations). The site is constrained by the location of an existing church,
parking lot and house that make it impractical or undesirable to conform to the strict
application of the Subdivision Regulations.
The cost to the subdivider of strict or literal compliance with the regulations is not the sole
reason for granting the modification..
The exception to the subdivision regulations will not be detrimental to the public health,
safety and welfare, or be injurious to other properties in the vicinity. The lot line adjustment
map with exceptions will create seven lots that are more suitable for development and
consistent with the normal pattern and spacing of development in the neighborhood.
Granting the subdivision exception is in accord with the intent and purposes of these
regulations, and is consistent with the general plan and with all applicable specific plans or
other plans of the city. Development on the resulting lots will comply with all applicable R-
1 standards and City Codes. The exception will allow the existing house to remain in its
current form and location consistent with General Plan policies on housing conservation and
retention.
On motion of, Council Member Schwartz seconded by Council Member Mulholland
and on the following roll call vote:
AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
Resolution No. 916611001 Series)
Page 3 of 3
The foregoing resolution was passed and adopted this 20'' day of March 2001..
Mayor Allen Settle
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9165 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE MID- HIGUERA STREET ENHANCEMENT PLAN
WHEREAS, the Cultural Heritage Committee, Planning Commission, Parks and
Recreation Commission, Bicycle Advisory Committee, and the Architectural Review
Commission have held public hearings on the Draft Mid - Higuera Street Enhancement
Plan; and
WHEREAS, after reviewing the Draft Plan and considering public testimony,
these advisory bodies recommended various changes and additions to the Draft Plan
regarding flood hazard reduction, creeks, historic preservation, transportation and
circulation, land use, and aesthetics and where feasible and appropriate, the changes have
been incorporated into the Draft Plan; and
WHEREAS, the Director of Community Development issued a mitigated negative
declaration of environmental impact, pursuant to provisions of the California
Environmental Quality Act (CEQA) and based on an initial environmental study (ER 39-
98) which was prepared and circulated for the required public review period; and
WHEREAS, in consideration of public testimony, advisory body
recommendations, staff analysis, and its own deliberations, the City Council has
determined that the Mid - Higuera Street Enhancement Plan is necessary to implement
General Plan policies and programs designed to reduce flood hazards, improve
compatibility of adjacent land uses, preserve historic resources, encourage alternative
transportation modes, establish architectural guidelines, secure necessary public
improvements for a designated "Optional Use and Special Design Area ", improve public
access to parks and open space, improve the safety and appearance of streets and public
areas, and enhance the economic vitality of the Mid - Higuera Street area.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings.
1. The Mid - Higuera Street Enhancement Plan conforms with the General Plan, the
Bicycle Transportation Plan, and the City's Historic Preservation Program
Guidelines intended to preserve historic resources.
2. The Mid - Higuera Street Enhancement Plan implements specific General Plan
policies regarding land use, circulation, housing, flood hazard prevention,
recreation and open space preservation, including the following policies (numbers
refer to San Luis Obispo General Plan Digest policies): LU 3.1.4 (Mid - Higuera
Enhancement), LU 3.4.2 (Tourist - Commercial), LU 3.7 (Mixed Uses), LU 4.5
R 9165
Resolution No.. g i g 001 Series)
Page 2
(Walking Environment), LU 6. 1.1 (Open Space), LU 6.4.3 (Flood Hazard
Reduction), LU 6.4.6. (Creek Setbacks), LU 6.6. (Community Heritage), LU 8.5
(Mid - Higuera Area), H5.2.2 (Mixed Use), H 6.2.2 (Housing above Commercial),
H 3.2.2 (Housing Conservation), CI 3.3 (Bikeways), CI 4.5 (Pedestrian
Crossings), and Cl 7.4 (Driveway Access).
3. The Mid - Higuera Street Enhancement Plan is an "Area Plan ", intended to carry
out policies and programs of the General Plan and to guide public and private
development, public improvements, and capital improvement programming within
the District as defined by the Plan.
SECTION 2. Environmental Determination (ER 39 -98). The City Council has
considered the environmental determination for the Mid- Higuera Street Enhancement Plan
and hereby approves a mitigated negative declaration of environmental impact, pursuant to
the California Environmental Quality Act.
SECTION 3. General Plan Amendment. The General Plan is hereby amended
as shown in Exhibit A.
SECTION 4. Creek Setback Exception. A reduced creek setback of variable
width to allow construction of a Class 1 bikeway along San Luis Obispo Creek between
Marsh and Madonna Road as shown in the Mid - Higuera Street Enhancement Plan is
hereby approved, based on the following findings:
A. The proposed setback exception implements General Plan policies for recreational
uses within open space and conservation areas (OS 12.1.2, OS 12.2.1c).
B. The bikeway's location and design will minimize impacts to scenic resources,
water quality, and riparian habitat; and
C. The exception will not limit the city's design options for providing flood control
measures that are needed to achieve adopted city flood policies; and
D. The exception will not prevent the implementation of city- adopted plans, nor
increase the adverse environmental effects of implementing such plans; and
E. There are circumstances applying to the site, such as size, shape or topography,
which do not apply generally to land in the vicinity with the same zoning, that
would deprive the property of privileges enjoyed by other property in the vicinity
with the same zoning; and
F. The exception will not constitute a grant of special privilege, an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning; and
Resolution No. 9163 001 Series)
Page 3
G. The exception will not be detrimental to the public welfare or injurious to other
property in the area of the project or downstream; and
H. Site development cannot be accomplished with a redesign of the project; and
Redesign of the project would deny the property owner reasonable use of the
property. ( "Reasonable use of the property" in the case of new development may
include less development than indicated by zoning. In the case of additional
development on an already developed site, "reasonable development" may mean
that no additional development is reasonable considering site constraints and the
existing development's scale, design, or density.)
SECTION 5. Plan Adoption. The City Council Hearing Draft Mid - Higuera
Street Enhancement Plan is hereby adopted as an area plan guiding public and private land
use and improvements within the area identified in the Plan as the "Mid - Higuera Street
Enhancement District."
SECTION 6. Implementation. To implement the Mid - Higuera Street
Enhancement Plan, the City Council hereby directs that:
A. The Community Development Director shall initiate rezoning of the area as
shown on Page 33 of the Council Hearing Draft Plan.
B. The urban design and architectural guidelines are hereby adopted for the
Mid - Higuera District. Public and private development projects shall be
consistent with the provisions of the Plan.
C. City Departments shall implement the Mid - Higuera Street Enhancement
Plan through their design and development of capital improvement
programs, operating programs, and in developing budgeting and grant
requests.
SECTION 7. Amendments. The Mid - Higuera Street Enhancement Plan may be
amended by the City Council at any time. Citizens, the Planning Commission or the City
Council, may initiate such changes. The Plan may be amended as often as needed, subject .
to the same procedures set forth by the City Council for amending specific plans.
Upon motion of Vice Mayor Ewan, seconded by Council Member Schwartz, and
on the following roll call vote:
AYES: Council Members Marx, Schwartz and Vice Mayor Ewan
NOES: Council Members Mulholland and Mayor Settle
ABSENT: None
Resolution No. 91 6A2001 Series)
Page 4
The foregoing resolution was adopted this 20th day of Marrh IM1
ATTEST:
.� , WIN �.
APPROVED AS TO FORM:
fm��W-Znv
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sr- It No. 9165 (2001 Series)
111 VIII
III
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Mid - Higuera District
Proposed General Plan Designations
Open Space
® Park
❑ General Retail
❑ Services and Manufacturing
® Tourist Commercial
® High Density Residential ,.
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RESOLUTION NO. 9164 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2001 CDBG PROGRAM, AMENDING 1994, 1997,1998 AND
2000 PROGRAM YEARS, AND ENDORSING THE SAN LUIS OBISPO URBAN
COUNTY'S DRAFT ONE -YEAR ACTION PLAN
WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San
Luis Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover
Beach, and Paso Robles, and the County of San Luis Obispo, and
WHEREAS, said cities and County cooperatively administer several federal grant
programs under the provisions of the Cooperative Agreement approved by the San Luis
Obispo City Council on July 13, 1999 and as amended on September 7, 1999, and under
applicable U.S. Department of Housing and Urban Development Department (HUD) rules,
and
WHEREAS, pursuant to said agreement, the Urban County Public Participation
Plan and HUD rules, the City Council held a public hearing on March 20, 2001 to review
applications for federal grant funding and to consider public comments on community needs
and the use of such funds, and
WHEREAS, the Council has considered applications for Community Development
Block Grant (CDBG) funds, public testimony, the Urban County's proposed One -Year
Action Plan, including proposed funding allocations for the CDBG program, Home
Investment Partnership (HOME), Emergency Shelter Grants (ESG), and the Special Urban
Projects Fund, and city staff recommendations, and
WHEREAS, the Council has also considered previous years' CDBG funding
allocations and determined that amendments are necessary to re- allocate unused funds, or to
re- allocate funds to activities with greater community need or urgency.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The Council hereby determines
that the proposed funding actions are not "projects" as defined by Section 21065 of the
California Environmental Quality Act (CEQA), since they will not cause a direct or indirect
physical change in the environment and do not involve the issuance of a lease, permit,
license, certificate or other entitlement. Consequently, no further environmental review is
necessary.
SECTION 2. 2001 Community Development Block Program. The City's 2001
Community Development Block Program, Exhibit A, is hereby approved.
R 9164
Resolution No. 916001 Series)
Page 2
SECTION 3. CDBG Program Amendments. The 1994, 1997, 1998 and 2000
CDBG Programs are hereby amended, as shown in Exhibit B.
SECTION 4. One -Year Action Plan. The San Luis Obispo Urban County's Draft
One -Year Action Plan is hereby endorsed, Exhibit C.
SECTION 5. Board of Supervisors Consideration. The Council hereby
forwards the above actions to the San Luis Obispo County Board of Supervisors for
consideration prior to the Board's final action on the Urban County's 2001 Consolidated
Plan.
Upon motion of Vice Mayor Ewan, seconded by Council Member Schwartz,
and on the following roll call vote:
AYES: Council Member Schwart, Vice Mayor Ewan and Mayor Settle
NOES: Council Members Marx and Mulholland
ABSENT: None
The foregoing resolution was adopted this 20'h day of March 2001.
APPROVED AS TO FORM:
PEWIF
WRIf rs
Exhibits:
A- Approved 2001 CDBG Program for the City of San Luis Obispo
B- Approved CDBG Program Amendments
C -Draft Urban County One -Year Action Plan
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C Res-6lution No. 9164 Exhibit B
Page 1 of 1
EXHIBIT B
Community Development Block Grant Amendments, 1994,1997,1998
and 2000 ProgramYears
Approved by the San Luis Obispo City Council on March 20, 2001
Activity
Grantee
Current Allocation
Proposed Allocation
1994 PROGRAM YEAR
At -Risk Youth
City of SLO
355
0
Install HC Ramps,
streets
City of SLO
0
2,236
Remove arch. barriers,
pa's
City of SLO
1,881
0
1997 PROGRAM YEAR
Drainage
Improvements
City of SLO
10,509
0
Install HC ramps,
streets
City of SLO
0
10,509
1998 PROGRAM YEAR
Home Repair Program
EOC
50,000
12,700
Drainage
Improvements
City of SLO
19,232
0
Install HC ramps,
streets
City of SLO
60,480
79,712
Transitional Housing
(new activity)
SLO Women's'
Shelter
0
37,300
2000 PROGRAM YEAR
Home Repair Program
EOC
30,000
0
Rehabilitate historic
adobes (new activity)
City of SLO
0
15,000
Transitional Housing
SLO Women's'
Shelter
150,000
165,000
APPLICATIONS f`•
NS TO THE CtNTY
C CDBG Resolution No. 9164, Exhibit C
Page 1 of 13
HOUSING
Funds Funding
Applicant Proiect Requested Recommendation
People's Creekside Gardens $ 200,000 $ 0. This project meets Priority #2 under the
Self Help Prop. acquisition Affordable Housing Strategy objective of the
Housing Consolidated Plan. Affordable rental housing is at a
2. Sojourn Property Acquisition $ 100,000
Services
3. Economic Home Repair Program $ 45,000
Opportunity
Commission
Premium due to housing shortages in the county.
Thus, this project addresses an urgent need in the
county. The County is recommending $225,000 in
HOME funds for this project. The chances of
awarding HOME funds for this project are
significantly greater than CDBG because there are
fewer applications for HOME funds.
$ 0. This is an application to the City of SLO, but
Sojourn asked thQ�OUnty to consider the project for
funding. Although t: project meets Priority #3
under the Affordable Housing Strategy objective of
the Consolidated Plan, funding is not recommended
for this project because other projects (such as the
Shandon Water Tank and the NCSD sewer projects)
have an immediate and urgent need which otherwise
threatens the health and safety of the residents in
those areas. The City of San Luis Obispo is not
recommending funding for this year, either.
$20,000. This program meets Priority #3 under the
Affordable Housing Strategy objective of the
Consolidated Plan, to maintain and upgrade existing
housing units occupied by low- income households.
With the recommended funding, an estimated 10 -15
low- income households would benefit from the
program. The majority of projects consist of roof
and bathroom repairs, weatherproofing and installing
handicap railings and ramps for low income seniors.
This program has been in operation for a few years
and has made progress in using funds in a timely
manner. The program is viable with the
recommended amount since EOC receives some
State funding for this project.
4. Life Steps Renovation Project $ 15,900 $13,600. This program meets Priority #3 of the
Affordable Housing Strategy objective of the
Consolidated Plan. The project shows an urgent need
to operate the facility at its current level to maintain
and provide adequate services. Life Steps' limited
clientele consists of low- income mentally ill persons
and their children. On average, Life Steps assists 72
persons per year. The recommended amount is
enough to complete two of the three repair jobs.
Total CDBG Funds Recommended for Housing: $33,600
PUBLIC SERVICES
Funding Resolution No. 9164, Exhibit C
Recommendation Page 2 of 13
$149,500. This project meets Priority 42 under the
Addressing Homelessness objective of the
Consolidated Plan. This is an ongoing program
funded primarily by CDBG, ESG and general fund
contributions in partnership between the County and
the City of San Luis Obispo. This program provides
49 beds, and 15 -25 beds in overflow facilities, adding
up to 24,244 shelter nights a year. The City has
recommended $138,000 of its CDBG funds for the
program. The County's contribution of $149;500 in
CDBG funds is proposed to come from the Special
Urban Projects Funds, since it benefits more than a
single jurisdiction. Of the $149,500, $42,289 would
Funds
Applicant Project Requested
1. Economic Homeless Shelter Op. $ 149,500
Opportunity Expenses and No. Co.
Commission Case Mgt.
support the existing case manager in the North
County to meet the emergency needs, stabilize
income and obtain housing for the homeless.
2. Economic Prado Day Center $ 50,000 $33,851. This project meets Priority #2, under the
Opportunity Addressing Homelessness objective of the
Commission Consolidated Plan. This is another ongoing program
funded primarily in partnership between the County
and City of San Luis Obispo. Although there is a
high need and it has a high priority need according to
the Consolidated Plan, the reduced recommendation
amount is due to the need to fully fund the Homeless
Shelter. The Prado Day Center has been fulfilling its
role as a supportive service center by servicing an
average of 100 -125 homeless or low - income persons
each day. Typically, 100 people eat lunch and 50 -75
people utilize the service center at the facility. The
City of San Luis Obispo is recommending funding
this program using city general funds.
3. Homeless Emergency Shelter $ 24,000 $ 0 This project meets Priority #2, under the
Housing Addressing Homelessness objective of the
Project Consolidated Plan. This would be the third year for
this program that enables homeless persons in the
North County to stay in motel rooms for limited
periods. This program is considered an interim
solution, since it is not as cost effective nor does it
provide a broad spectrum of services to the homeless
as the homeless shelter in San Luis Obispo. Due to
the Public Services cap and in light of urgent needs
in other programs, funding is not recommended this
year. However, the Cities of Paso Robles and
Atascadero are recommending $24,000 and $7,500
respectively of their funds for this project. Also,
EOC is proposing $42,289 to support the existing
case manager in the North County.
2
6. Boy's & Youth Programs $ 25,000 $ 0. No funds are proposed for this public service
Girl's Club program because it does not address a need as serious
North Co. as those for which the available CDBG funds for
public services are recommended. This project is not
a high priority according to the Consolidated Plan.
7. Stock Center Performing Arts $ 20,000
Program
Total CDBG Funds Recommended for Public Services:
$ 0. No funds are proposed for this public service
program because it does not address a need as serious
as those for which available CDBG funds are
recommended. This project does not show an
immediate, serious or urgent need nor is it a high
priority according to the Consolidated Plan.
$183,351
PUBLIC FACILITIES
1. Homeless No. Co. Homeless $ 514,500 $ 0. This project meets Priority #2, of the Addressing
Housing Homelessness objective. This is an eligible project
Project addressing an urgent need in the North County.
However, serious consideration. must also be given to
obtaining sustainable operating funding, a difficult
situation at best, without a substantial reduction in
CDBG funds approved for the homeless shelter and
day center in San Luis Obispo. There is a need to
create a collaborative effort in the area with non -
profits and local agencies to study the situation. HHP
should build local support for such a facility and
identify an area or property before any serious
funding considerations can be given.
2. Food Bank Property Acquisition $ 127,000 $31,680. This project falls under the Public Facilities
Coalition (Warehouse) objective, Priority #1. This request to purchase a
new, larger warehouse in Paso Robles would help the
food distribution through agencies and programs
operating county-wide. This project serves
thousands of low- income households with a basic
and fundamental daily service. A property has been
identified and the developer has agreed to lease/sell
the building once the development is completed.
This project has received local political and
community support, including approximately
$100,000 in CDBG funds from the participating
cities of the Urban County and other numerous
donations for the project.
Funds
Funding �
Applicant Proiect
Requested
Recommertna6A tion No. 9164, Exhibit C
4. Career Bilingual Workforce
$ 50,000
$ 0. This project would provide edNPAMjces
Training Ctr.
and on-the-job training for low- income bilingual
persons. This program is not recommended for
funding because the need is not as urgent and the
demand is not great compared to those projects
which have received a favorable recommendation.
5. Boy's & Youth Programs
$ 60,000
$ 0. No funds are proposed for this public service
Girl's Club
program because it does not address a need as serious
North Co.
as those for which the available CDBG funds for
public services are recommended. This project is not
a high priority according to the Consolidated Plan.
6. Boy's & Youth Programs $ 25,000 $ 0. No funds are proposed for this public service
Girl's Club program because it does not address a need as serious
North Co. as those for which the available CDBG funds for
public services are recommended. This project is not
a high priority according to the Consolidated Plan.
7. Stock Center Performing Arts $ 20,000
Program
Total CDBG Funds Recommended for Public Services:
$ 0. No funds are proposed for this public service
program because it does not address a need as serious
as those for which available CDBG funds are
recommended. This project does not show an
immediate, serious or urgent need nor is it a high
priority according to the Consolidated Plan.
$183,351
PUBLIC FACILITIES
1. Homeless No. Co. Homeless $ 514,500 $ 0. This project meets Priority #2, of the Addressing
Housing Homelessness objective. This is an eligible project
Project addressing an urgent need in the North County.
However, serious consideration. must also be given to
obtaining sustainable operating funding, a difficult
situation at best, without a substantial reduction in
CDBG funds approved for the homeless shelter and
day center in San Luis Obispo. There is a need to
create a collaborative effort in the area with non -
profits and local agencies to study the situation. HHP
should build local support for such a facility and
identify an area or property before any serious
funding considerations can be given.
2. Food Bank Property Acquisition $ 127,000 $31,680. This project falls under the Public Facilities
Coalition (Warehouse) objective, Priority #1. This request to purchase a
new, larger warehouse in Paso Robles would help the
food distribution through agencies and programs
operating county-wide. This project serves
thousands of low- income households with a basic
and fundamental daily service. A property has been
identified and the developer has agreed to lease/sell
the building once the development is completed.
This project has received local political and
community support, including approximately
$100,000 in CDBG funds from the participating
cities of the Urban County and other numerous
donations for the project.
Applicant Proiect Funds Requested
3. Public ADA Sidewalk Ramps $ 45,000
Works Dept. Oceano
Funding 1�_)
Recomme t. , ution �o g164 Fxkibi
$ 0. Althoug t is �s an elfi% a prQQ��hcT,QQis��nt
under Priority # I of the Publi ces
Strategy objective, the need for this project is not
urgent or immediate as those which are
recommended for funding. Other funding sources
may be available via the County or state funds.
4. Public Shandon Water Tank $ 469,745
$469,745. This project falls under the Public
Works Dept.
Facilities and Services Strategy objective, Priority # 1.
Full funding for this project is recommended due to a
failing water storage tank in the predominately low-
income community if Shandon. This project will
contribute to meeting the County's goal of addressing
an urgent need by providing public facilities /sery ices
to a predominately low- income community. The
County previously approved $530,255 in CDBG
funds, but additional funding is required to cover a
substantial increase in construction costs: The Dept.
of Public Works has borrowed from various funding
resources, including the General Fund, to pay for the
completion of the project. The recommended funds
would be utilized to replenish those funding
resources once the funds are available to the County.
The project is near completion at this time. Once
completed, it will significantly improve water
pressure and fire protection services in Shandon.
5. Nipomo Sewer for Montecito $ 318,000
$144,000. This project is under the Public Facilities
Community Verde II Neighborhood
and Services Strategy objective, Priority #1. NCSD
Services
has demonstrated an urgent need to assist this low -
District
income neighborhood to connect their failing septic
system to the existing sewer. The existing septic
system is near collapse and threatens the public
health of 32 low- income families. Lack of funding
could financially affect very-low and low income
residents. The County is also recommending
$40,000 in HOME funds to financially assist the
families with their lateral connection to the sewer.
This meets an urgent need identified in the
Consolidated Plan. NCSD has $51,000 in operation
and maintenance funds committed to this project.
6. Templeton Exhaust Clean $ 40,000
$ 0. This project is not recommended for funding
Fire Dept. Air System
because it would not address as serious a need as
other projects recommended for funding. It is
CDBG- eligible under the category of spot blight, but
it would not directly benefit low - income residents.
Also, most residents of Templeton are not low-.
income, so this community may have less difficulty
affording to pay for public improvements than poorer
-
communities like Shandon and the Montecito Verde
11 Neighborhood in Nipomo.
Funding
Recommendati, ,;
ution N 9164 �xhibit( C
$ 0. The pr;lect may provide a be r o peoog , t e g
in predominately low- income com Mfe re
is not an urgent CDBG funding need for this project.
Also, these buildings are owned by the County which
increases the chance of having funding sources to
pay for the upgrades.
$ 0. This project is not recommended for funding
although it is CDBG - eligible under the category of
spot blight. The project does not have a direct
benefit to low /moderate income residents of Cambria
and does not pose as great of a threat to the public
safety and health as is in the community of Shandon
and the very-low and low- income families of the
Montecito Verde 11 neighborhood in Nipomo. Also,
most residents of the community of Cambria are not
low- income, so this community may have less
difficulty raising funds than poorer communities.
$ 0. Although this project falls under Priority #I of
the Public Facilities and Services Strategy objective,
funding for this project is not recommended at this
time. The reason for this is due to the large
infrastructure projects in Shandon and Nipomo which
pose immediate health threats to their respective
areas. This project received $600,000 in 2000
CDBG funds, plus public facility fees from General
Services and from the 1999 state budget which must
be spent no later than 2004. This project is in need of
additional funding primarily due to increased
construction costs and the need to build a larger
gymnasium than previously expected. OCCI is
currently working toward the completion of pre -
development designs and will be working on local
fund - raising efforts. Denial of funding this year does
not prevent the OCCI from moving forward with
their design plans and obtaining the necessary land -
use permits. Construction of the community center is
proposed to begin in July 2002.
$10,000 This project falls under the Public Facilities
and Services Strategy objective, Priority #I of the
Consolidated Plan. The recommended funding
would pay to construct a wheelchair ramp in front of
the project building which can be completed soon
after the availability of the funds from HUD. Unlike
other ADA related applications, this building has no
other significant funding source to pay for the
required alterations. Because this building is the only
meeting place to hold town meetings, recreational
functions, and is the location of the post office, it is
important to improve the access to the building.
Funding larger public facility projects limits the
recommendation of additional funds. The
recommended amount is sufficient to complete one
of the four ADA requirements which could be
completed shortly after funding is made available by
HUD.
Funds
Applicant
Project
Requested
7. Co. General
Renovation to Co.
$ 124,950
Services
Owned/leased Bldgs.
8. Greenspace
Spot Blight - Demo. of
$ 52,760
Buddhist Temple
9. Oceano
Community Center
$ 600,000
Community
Center, Inc.
10. Avila Beach Renovation, ADA
$ 99,500
Civic Assoc. Compliance
Funding
Recommendati, ,;
ution N 9164 �xhibit( C
$ 0. The pr;lect may provide a be r o peoog , t e g
in predominately low- income com Mfe re
is not an urgent CDBG funding need for this project.
Also, these buildings are owned by the County which
increases the chance of having funding sources to
pay for the upgrades.
$ 0. This project is not recommended for funding
although it is CDBG - eligible under the category of
spot blight. The project does not have a direct
benefit to low /moderate income residents of Cambria
and does not pose as great of a threat to the public
safety and health as is in the community of Shandon
and the very-low and low- income families of the
Montecito Verde 11 neighborhood in Nipomo. Also,
most residents of the community of Cambria are not
low- income, so this community may have less
difficulty raising funds than poorer communities.
$ 0. Although this project falls under Priority #I of
the Public Facilities and Services Strategy objective,
funding for this project is not recommended at this
time. The reason for this is due to the large
infrastructure projects in Shandon and Nipomo which
pose immediate health threats to their respective
areas. This project received $600,000 in 2000
CDBG funds, plus public facility fees from General
Services and from the 1999 state budget which must
be spent no later than 2004. This project is in need of
additional funding primarily due to increased
construction costs and the need to build a larger
gymnasium than previously expected. OCCI is
currently working toward the completion of pre -
development designs and will be working on local
fund - raising efforts. Denial of funding this year does
not prevent the OCCI from moving forward with
their design plans and obtaining the necessary land -
use permits. Construction of the community center is
proposed to begin in July 2002.
$10,000 This project falls under the Public Facilities
and Services Strategy objective, Priority #I of the
Consolidated Plan. The recommended funding
would pay to construct a wheelchair ramp in front of
the project building which can be completed soon
after the availability of the funds from HUD. Unlike
other ADA related applications, this building has no
other significant funding source to pay for the
required alterations. Because this building is the only
meeting place to hold town meetings, recreational
functions, and is the location of the post office, it is
important to improve the access to the building.
Funding larger public facility projects limits the
recommendation of additional funds. The
recommended amount is sufficient to complete one
of the four ADA requirements which could be
completed shortly after funding is made available by
HUD.
( Funds Funding n
Applicant Project J Requested Recomo.ution No. 9164, Exhibit C
11. Economic Prop. Acquisition - Cap. $ 100,000 $ 0. EOC has shown an urgent nee for fipan ' ,
Opportunity Costs - new admin. bldg. assistance to move their administra to o ices ich
Commission support their public services. This project is an
eligible activity but other urgent and immediate
needs have precedence when funding is limited.
EOC has been offered land to build their offices at a
proposed shopping center development on the corner
of Broad and Santa Barbara Streets in the City of San
Luis Obispo.
12. Economic Prop. Acquisition - Cap. $ 50,000
Opportunity Costs - Head Start Program
Commission
Total CDBG Funds Recommended for Public Facilities:
$ 0. There is demand for this project in Nipomo
but the need is not as urgent as those projects
identified in Shandon and Nipomo.
$655,425
PLANNING AND CAPACITY BUILDING
1. Homeless Feasibility Study for $ 5,000 $ 0. This is an eligible project and represents a
Housing No. Co. Homeless Shelter step at looking into the possibility of building a
Project homeless shelter in the North County. It is unclear
that there is a collaborative effort to build such a
facility although several organizations believe one is
necessary. The five participating cities have not
recommended funding for this project.
Total CDBG Funds Recommended Planning
and Capacity Building:
$0
X61OW14111(H immi Ukl I
1. Cuesta C.C. Small Business $ 50,000 $15,000. Under the Economic Development
College Development Center Strategy of the Consolidated Plan, this represents a
#I Priority on the list. The Small Business
Development Center provides technical assistance to
businesses owned by low and moderate- income
person with no more than five employees. With this
partial funding recommendation, approximately 450 -
500 hours of counseling can be provided with an
average of 6 -8 hours per client. With the help of
CDBG funds, this program assists the small business
to understand the regulations and licenses and
permits needed to open a business, develop a
business plan, develop a marketing plan, amongst
other services, free of charge. Depending on the
demand for services, the expenditure of the CDBG
funds may last between 3 -4 months.
Total CDBG Funds Recommended
for Economic Development: $15,000
housing throughout the county. The T.B.R.A.
Program is designed to assist persons who have.an
urgent and immediate housing need and aide them in
obtaining Section 8 housing. As the applicant for
these funds, the San Luis Obispo Supportive Housing
Consortium collaborates with its members to meet
the housing needs of its special clients throughout the
county and cities. According to the Housing
Consortium, these funds can assist as much at 106
households. This project will significantly contribute
to meeting the goals identified in the Consolidated
Plan for providing affordable housing. Due to the
demand for housing, these funds should be expended
within one year of their availability from HUD.
3. Judson Development Costs $ 406,000 $300,000. This project meets Priority #2 under the
Terrace Affordable Housing Strategy of the Consolidated
Plan. Additional funding is requested to offset
increased project construction costs. In 1999, this
project received $400,000 in HOME funds for the
development of a 32 -unit assisted rental housing
facility for very-low income frail, elderly persons in
the City of San Luis Obispo. Judson Terrace will
combine the HOME funds with approximately $2.6
million in HUD Section 202 Senior Housing funds
which represents a large match for.the project. At
just over $21,875 per unit of county funds, the
project may be considered cost effective. In addition,
the City of San Luis Obispo is recommending
$94,000 of their CDBG funds for this project. This
project addresses the need to provide affordable
housing to the low income population as per the
goals of the Consolidated Plan. Funding for this
project could be used as early as August 2001 for the
start of construction.
HOME PROGRAM
v
Resolution No. 9164, Exhibit C
Funds
Funding Page 7 of 13
Applicant Proiect
Requested
Recommendation
I. Housing First -Time Home-
$ 250,000
$183,800. This project falls under Priority #I in
Authority Buyer program
the Affordable Housing Strategy objective in the
of the City
Consolidated Plan. This has been a popular,
S.L.O.
cost - effective program enabling 10 - -12 families per
year to purchase existing homes with primarily
conventional financing. However, it doesn't provide
it's own local match (required by HOME regulations)
so it has been using up the county accrued local
match credits. Due to the increase in real estate
values, this program will be able to assist about 7 or 8
families. Also, due to the popularity of the program,
the funds should be obligated within four months of
their availability from HUD.
2. SLO Tenant Based
$ 250,000
$250,000. This project falls under Priority #2
Supportive Rental Assistance
under the Affordable Housing Strategy of the
Housing Program
Consolidated Plan, to increase availability of
Consortium
affordable and decent rental housing for low and very
low- income persons and families. There is an
urgent need to find safe, decent and affordable rental
housing throughout the county. The T.B.R.A.
Program is designed to assist persons who have.an
urgent and immediate housing need and aide them in
obtaining Section 8 housing. As the applicant for
these funds, the San Luis Obispo Supportive Housing
Consortium collaborates with its members to meet
the housing needs of its special clients throughout the
county and cities. According to the Housing
Consortium, these funds can assist as much at 106
households. This project will significantly contribute
to meeting the goals identified in the Consolidated
Plan for providing affordable housing. Due to the
demand for housing, these funds should be expended
within one year of their availability from HUD.
3. Judson Development Costs $ 406,000 $300,000. This project meets Priority #2 under the
Terrace Affordable Housing Strategy of the Consolidated
Plan. Additional funding is requested to offset
increased project construction costs. In 1999, this
project received $400,000 in HOME funds for the
development of a 32 -unit assisted rental housing
facility for very-low income frail, elderly persons in
the City of San Luis Obispo. Judson Terrace will
combine the HOME funds with approximately $2.6
million in HUD Section 202 Senior Housing funds
which represents a large match for.the project. At
just over $21,875 per unit of county funds, the
project may be considered cost effective. In addition,
the City of San Luis Obispo is recommending
$94,000 of their CDBG funds for this project. This
project addresses the need to provide affordable
housing to the low income population as per the
goals of the Consolidated Plan. Funding for this
project could be used as early as August 2001 for the
start of construction.
�
Funds Funding �
Applicant Proiect
Requested Recommen ti.,.. n�l
ecgta3s0n��Yrlkt"_ C
4. People's Canyon Creek Apt.
$ 300,000 $250,00 ro
Affordable Housing Strat��iYt��l�f 13
Self Help Soft/hard costs
under the
Housing
Consolidated Plan. Affordable rental housing is at a
premium due to housing shortages in the county and
this project addresses a serious need. This project
consists of 68 very-low and low income rental
housing units which has the support of the City of
Paso Robles. Recently, he Paso Robles
Redevelopment Agency approved $300,000 for this
project. PSHHC intends to apply for low income
housing tax credits and requires as close to the
funding request in order to submit a competitive
application to the California Tax Credit. Allocation
Committee. Construction for this project is expected
to begin by December 2001. Due to the support of
this project by the City of Paso Robles and the need
for affordable housing, funding for this project is
recommended.
5. People's Acquisition
$ 435,000 $225,000. This project falls under Priority #2
Self Help Creekside Gardens
under the Affordable Housing Strategy of the
Housing
Consolidated Plan. Affordable rental housing is at
premium due to housing shortages in the county and
state levels. This project consists of 29 units of
6. Nipomo Laterals to Sewer $0
Community
Services Dist.
Total HOME Funds Recommended:
affordable senior rental housing with a tentative
construction date of April or May of 2002. The
Project Area Committee, a sub- committee of the Paso
Robles Redevelopment Agency (RDA) has
recommended funding approval in the amount of
$435,000. The RDA will consider this funding
recommendation on February 20'". If this request is
approved, the recommended amount of HOME funds
for this project is sufficient to make the project
feasible.
$40,000. NCSD only requested CDBG funds for this
project. However, this project poses a large health
and safety threat to the Montecito Verde II
neighborhood that all viable funding sources were
researched to assist this project. The recommended
CDBG funds will only pay for the installation of the
sewer mains, but not to hook -up the 32 homes. This
project is eligible to receive HOME funds strictly for
the utility connection from the property line to the
adjacent street.
$1,248,800
�tERGENCY SHELTER GRANT PROGR-� (ESG)
Funds Funding Resolution No. 9164, Exhibit C
Applicant .Project Requested Recommendation
Page 9 of 13
1. SLO Women's Emergency Shelter $ 8,578 $ 8,488 Due to a $ 1,000 reduction in the 2001 ESG
Shelter Supportive Services allocation by HUD, full funding for this project is not
possible. The funding recommendation was reduced
due to a $1,000 reduction in the ESG allocation by
HUD. This project falls under the Addressing
Homelessness objective, Priority 42 of the
Consolidated Plan. The applicant has documented a
high need for funding to assist their low and
moderate income clients. The applicant has
demonstrated that they can facilitate the expenditure
of these funds within one year.
2. N.C. Women's Emergency Shelter- $ 21,444 $21;223 Due to a $1,000 reduction in the 2001 ESG
Shelter Supportive Services allocation by HUD, full funding for this project is not
possible. The funding recommendation was reduced
due to a $1,000 reduction in the ESG allocation by
HUD. This project falls under the Addressing
Homelessness objective, Priority #2 of the
Consolidated Plan. The applicant has documented a
high need for funding to assist their low and
moderate income clients. The applicant has
demonstrated that they can facilitate the expenditure
of these funds within one year.
3. Economic Homeless Shelter $ 49,319. $48,805 Due to a $1,000 reduction in the 2001 ESG
Opportunity Operating Expenses allocation by HUD, full funding for this project is not
Commission possible. The funding recommendation was reduced
due to a $1,000 reduction in the ESG allocation by
HUD. This project falls under the Addressing
Homelessness objective, Priority #2 of the
consolidated Plan. The applicant has documented a
high need for funding to assist their low and
moderate income clients. The applicant has
demonstrated that they can facilitate the expenditure
of these funds within one year.
4. Economic Prado Day Center $ 16,659 $16,484 Due to a $1,000 reduction in the 2001 ESG
Opportunity Operating Expenses allocation by HUD, full funding for this project is not
Commission possible. The funding recommendation was reduced
due to a $1,000 reduction in the ESG allocation by
HUD. This project falls under the Addressing
Homelessness objective, Priority #2 of the
Consolidated Plan. The applicant has documented a
high need for funding to assist their low and
moderate income clients. The applicant has
demonstrated that they can facilitate the expenditure
of these funds within one year.
Total Emergency Shelter Grant Funds Recommendation: $95,000
AIJICATIONSTO THE FIVE PARTICIPAT"�, CITIES
CDBG Resolution No. 9164, Exhibit C
Page 10 of 13
HOUSING
Funds Funding Funding
Applicant
Proiect
C�jty
Requested
Source
Recommendation
1. EOC
Home Repair
A.G.
$
25,000
City of Arroyo Grande
$5,000
Program
2. EOC
Home Repair
Atasc.
$
25,000
City of Atascadero
$25,000
Program
3. EOC
Home Repair
G.B.
.$
25,000
City of Grover Beach
$25,000
Program
4. PSHHC
Creekside Gardens
P.R.
$
200,000
City of Paso Robles
$ 0
5. SLO Women's
Property
S.L.O.
$
230,000
City of San Luis Obispo
$50,000
Shelter
Acquisition
6. Judson Terrace
Property
S.L.O.
$
94,000
City of San Luis Obispo
$94,000
Acquisition
7. AIDS Support
Prop. Renovation
S.L.O.
$
25,000
City of San Luis Obispo
$25,000
Network
8. Sojourn Services
Property
S.L.O.
$
100,000
City of San Luis Obispo
$ 0
Acquisition
or County
9. HASLO
Gap Financing
S.L.O.
$
100,000
City of San Luis Obispo
$25,000
(Pismo- Buchon Proj.)
Total
$
824,000
PUBLIC SERVICES
1. EOC
Forty Wonderful
A.G.
$
21000
City of Arroyo Grande
$2,000
Operating Expenses
2. EOC
Senior Health
A.G.
$
2,000
City of Arroyo Grande
$2,000
Screening
3. Camp Fire
Teens -In- Action
A.G.
$
2,000
City of Arroyo Grande
$2,000
Boys & Girls
Program
4. EOC
Forty Wonderful
Atasc.
$
2,000
City of Atascadem
$2,000
Operating Expenses
5. EOC
Senior Health
Atasc.
$
2,000
City of Atascadero
$2,000
Screening
6. Camp Fire
Mega Club
Atasc..
$
1,500
City of Atascadero
$ 0
Boys & Girls
7. Career Training
Bilingual
Atasc.
$
16,666
City of Atascadero
$ 0
Services
Workforce
8. Atasc. Cmty
Youth Activities
Atasc.
$
6,500
City of Atascadero
$6,500
Services
Scholarship Fund
9. C.A.L.L.
Washing Machine
Atasc.
$
422
City of Atascadero
$ 442
10. C.A.L.L.
Dishwasher
Atasc.
$
805
City of Atascadero
$ 805
11. C.A.L.L.
Two Ranges
Atasc.
$
942
City of Atascadero
$ 942
12. C.A.L.L.
15 Passenger
Atasc.
$
25,000
City of Atascadero
$ 0
Vehicle
13. HHP
Emergency Shelter
No. Co.
$
24,000
City of Atascadero
$7,500
2
Funds
Funding \
Funding
Applicant
Project -
City
Requested
Source / Re co me ation
"lution X�llblt C
14.
EOC
Forty Wonderful
G.B.
$
2,000
City of GroveAg
96 a
Operating Expenses
Page 11 of 13
15.
EOC
Senior Health
G.B:
$
2,000
City of Grover Beach
$2,000
Screening
16.
Camp Fire
Teens -In- Action
G.B.
$
1,000
City of Grovcr Beach
$1,000
Boys & Girls
Program
17.
Camp Fire
G.B. Summer
G.B.
$
1,000
City of Grover Beach
$1,000
Boys & Girls
Day Camp
18.
HHP
Emergency Shelter
No. Co.
$
24,000
City of Paso Robles
$24,000
19.
EOC
Forty Wonderful
P.R.
$
2,000
City of Paso Robles
$ 0
Operating Expenses
20.
EOC
Senior Health
P.R.
$
2,000
City of Paso Robles
$2,000
Screening
21.
Camp Fire
Mega Club
P.R.
$
1,500
City of Paso Robles
$ 0
Boys & Girls
School Site
22.
Career Training
Bilingual
P.R.
$
16,666
City of Paso Robles
$ 0
Service
workforce
23.
Lifestyles
Operating Costs
P.R.
$
66,700
City of Paso Robles
$ 0
for Substance Abuse
24.
EOC
Homeless Shelter
S.L.O.
$
138,000
City of San Luis Obispo,
$138,000
Operating Expenses
plus $149,500 from Co.
25.
EOC
Prado Day Center
S.L.O.
$
50,000
City of San Luis Obispo,
$ 0
Operating Expenses
plus $50,000 from Count
26.
Camp Fire
Mega Club
S.L.O.
$
2,000
City of San Luis Obispo
$ 0
Boys & Girls
School Site
Total
S
401,535
PUBLIC FACILITIES
I.
Food Bank
Property Acquisition
A.G.
S
16,000
City of Arroyo Grande
$5,000
Coalition
2:
City of A.G.
Cedar St. Sidewalk
A.G.
$
86,300
City of Arroyo Grande
$70,000
3.
City of A.G.
ADA upgrade -
A.G.
$
71,000
City of Arroyo Grande
$26,000
Women's Club
4.
HHP
No. Co. Homeless
No. Co.
$
514,000
City of Atascadero
$ 0
Shelter
5.
Food Bank
Property Acquisition
Atasc
$
24,000
City of Atascadero
$24,000
Coalition
6.
EOC
Cap. Costs for New
Atasc.
$
23,000
City of Atascadero
$23,000
Head Start Facility
7.
N.Co. Women's
Bathroom
Atasc.
$
3,000
City of Atascadero
$3,000
Shelter
Renovation
8.
City of Atasc.
Paving, Drainage
Atasc.
$
200,000
City of Atascadero
$110,100
Improvements
9.
Food Bank
Property Acquisition G.B.
$
19,000
City of Grover Beach
$19,000
Coalition
10. City of Grover
C.C. Renovation
G.B.
$
130,000
City of Grover Beach
$130,000
Beach
11.
ECHO
No. Co. Day Center
Atasc.
$
73,500
City of Paso Robles
$ 0
2
3
V
Funds
Funding
Funding
Applicant
Project LLty
Requested
Source
Recommendation
12.
City of Paso
ADA - Carnegie P.R.
$
16,000
City of Paso REftblUho17 ]x1(4.09164, Exhibit C
Robles
Library
Page 12 of 13
13.
City of Paso
Downtown Street P.R.
$
48,700
City of Paso Robles
$48,700
Robles
Lights
14.
HHP
No. Co. Homeless No. Co.
$
514,000
City of Paso Robles
$ 0
Shelter
15.
Food Bank
Property Acquisition P.R.
$
31,000
City of Paso Robles
$31,000
Coalition
16.
Camp Fire
P.R. Camp Fire P.R.
$
1,500
City of Paso Robles
$1,500
Boys & Girls
Cabin Renovation
17.
N.Co. Women's
New Shelter P.R.
$
10,000
City of Paso Robles
$10,000
Shelter
18.
Classic Am.
Facade P.R.
$
30,000
City of Paso Robles
$ 0
Theater
Improvements
19.
City of P.R.
Alley P.R.
S
82,100
City of Paso Robles
$15,800
Improvements
20.
Mary Martin
Street P.R.
$
13,000
City of Paso Robles
$ 0
Improvements
21.
City of P.R.
Rehab. Pool P.R.
$
200,000
City of Paso Robles
$138,550
Facility
22.
Fox Movie
ADA Compliance P.R.
$
171,000
City of Paso Robles
$ 0
House
23.
Second Baptist
Homeless Facilities P.R.
$
36,150
City of Paso Robles
$36,150
Church
24.
Camp Fire
Bldg. Design, Permit P.R.
$
100,000
City of Paso Robles
$ 0
Boys & Girls
Fee Assistance
25.
City of S.L.O.
Handicapped Ramps S.L.O.
$
80,000
City of San Luis Obispo
$57,973
26.
FOCA
Rehab. historic S.L.O.
$
453,700
City of San Luis Obispo
$190,232
adobes
27.
Food Bank
Property Acquisition S.L.O.
$
83,000
City of San Luis Obispo
$30,000
Coalition
Total
53,038,150
PLANNING AND CAPACITY BUILDING
1.
HHP
Feasibility Study No. Co.
$
5,000
City of Atascadero
$ 0
No. Co. Homeless
Shelter
2.
PSHHC
Site I.D. /Fear. Study S.L.O.
$
25,000
City of San Luis Obispo
$25,000
Planning Study
3.
City of Paso
Capacity Building P.R.
$
30,700
City of Paso Robles
$30,700
Robles
4.
HHP
Feasibility Study for No. Co.
$
5,000
City of Paso Robles
$ 0
No. Co. Homeless Shelter
Total
S
65,700
3
V
LOAN PAYMENTS
Funds Funding Funding
Applicant Project City Requested Source R, .utioll rchibit C
1. City of S.L.O. Section 108 Loan S.L.O. S 311,000 City of San Luis Obispo $311,0"Page 13 of 13
Total S 311,000
1. City of A.G. Code Enforcement A.G. S 15,000 City of Arroyo Grande $9,600
Total S 15,000
Febwary 20, 2001 GAIIwsing&ED \T0Ny\'0 I Needs\R=ndw\apps- wAJ.wpd
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RESOLUTION NO. 9163 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND THEREBY UPHOLDING THE HEARING
OFFICER'S ACTION TO APPROVE A SIDEWALK CAFE PERMIT FOR MO'S
BBQ AT 970 HIGUERA STREET (O 4 -01)
WHEREAS, the Administrative Hearing Officer conducted a public hearing on
February 2, 2001 and recommended approval of the sidewalk cafe permit; and
WHEREAS, On February 12, 2001, an appeal of the Hearing Officer's action was
filed; and
WHEREAS, the City Council conducted a public hearing on March 6, 2001 and has
considered the appellant's statement, testimony of interested parties, the records of the
administrative hearing and action, and the evaluation and recommendation of staff, and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds and determines that the project is exempt
from environmental review (CEQA Section 15301).
SECTION 2. Findings. That this Council, after consideration of sidewalk cafe
permit O 4-01and the Hearing Officer's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following findings:
As conditioned, the proposed outdoor dining area will be compatible with
pedestrian traffic and surrounding uses.
2. As conditioned, the project will be consistent with Municipal Code Section 5.50
Sidewalk Cafes.
3. The project is exempt from environmental review pursuant to CEQA Section
15301 (Existing Facilities).
SECTION 3. Denial The appeal of sidewalk cafe permit for Mo's BBQ at 970
Higuera Street (File # O 4 -01) is hereby denied, thereby upholding the Hearing Officer's
action to approve the permit subject to the following conditions and terms and expiration:
Conditions:
The applicant shall obtain an encroachment permit form the Department of
Public Works.
R 9163
Resolution No. 9163 -(2001 Series)
Page 2
2. The placement, color, style, and types of outdoor furniture, signage and barriers
shall be consistent with and complement the design and appearance of the
affected building to the satisfaction of the Community Development Director.
3. Establishments that serve alcohol must obtain any additional permits required by
the Alcohol Beverage Control Board of the State of California. A copy of such
permits shall be submitted to the Community Development Department.
4. Hours of operation shall not begin prior to 8:00 a.m. nor extend later than 10:00
p.m.
5. Parking shall be provided as required for restaurants in the Zoning Regulations.
Based on the site plan submitted (attached) and comments from the Public
Works Department, the area to be used for a sidewalk cafe will be approximately
300 square feet. In the Central- Commercial zone, restaurants shall provide one
parking space per 350 square feet. This project represents an expansion of the
existing restaurant use and requires one additional parking space. This
requirement may be satisfied by providing on -site parking, off -site parking,
paying an in -lieu fee, or provision of 5 bicycle parking spaces.
6. A path of travel for pedestrians with a minimum width of six (6) feet, maintained
free and clear of any existing obstacles (street furniture, utilities, etc.) and any
items placed on the sidewalk in conjunction with the outdoor dining operation,
shall be provided along the contiguous length of the area proposed for outdoor
dining to the satisfaction of the Public Works Director. Such clear pathway shall
link with pathways on each side of the property.
7. Moveable barriers are required to delineate outdoor dining areas except where
only one row of tables and chairs immediately abutting the business storefront is
proposed.
8. Moveable barriers shall be designed and attached to the sidewalk in a manner
approved by the Public Works Director.
9. Where umbrellas or awnings are used, a vertical clearance of at least 7 feet must
be maintained.
10. Items used within the outdoor dining areas may not be left outdoors overnight or
when not in use.
11. The outdoor dining area shall not encroach into the street tree well; shall be a
minimum of 5 feet from the driveway into the Court Street parking lot; and shall
be minimum of 18 inches from the face of curb to the satisfaction of the Public
Works Director.
Resolution No. 9163 (2001 Series)
Page 3
12. Outdoor dining shall not interfere with building egress to the satisfaction of the
Chief Building Official and the Fire Marshall.
13. Outdoor dining areas shall be used for sit -down food and beverage service only.
No stand -up or take -out service is permitted in the outdoor dining area.
14. The outdoor dining area must be maintained in a clean and safe condition at all
times with appropriate provision for trash disposal and recycling. Food shall be
served using non - breakable dishware (no glass).
15. There shall be no outdoor heaters unless expressly approved by the Fire Marshall
in writing.
16. There shall be no outdoor speakers or paging systems, except that outdoor
speakers may play music during Farmers' Market.
17. The operation must meet all required County Health Department standards and
. obtain any necessary permits.
18. The permit issued shall not be transferable in any manner.
19. The outdoor dining operation shall in no way interfere with access to utilities.
20. Smoking shall be prohibited in the outdoor dining area. A sign indicating this
restriction shall be placed on each table.
21. The applicant shall submit a revised site plan that complies with all conditions of
approval to the satisfaction of the Community Development Director. The
revised site plan will be the officially approved plan for purposes of monitoring
compliance.
22. The operation must meet all required County Health Department standards and
obtain any necessary permits.
Terms and expiration:
A sidewalk caf6 permit will be for an unlimited term, unless the Community Development
Director deems a limited term appropriate. The permit shall automatically expire upon
expiration of the business tax certificate or upon failure to pay the required annual sidewalk
use fee. Operators wishing to renew an expired permit shall submit a new application with
appropriate fees.
Pursuant to Section 5.50.60 of the Municipal Code, the City retains the right to revoke or
suspend the permit upon twenty-four (24) hours written notice to the sidewalk caf6 operator
for any cause, regardless of conformance with these provisions. Situations that may merit
suspension or revocation include, but are not limited to:
Resolution No. 9163 (2001 Series)
Page 4
Emergencies, parades, necessary construction or maintenance, at the discretion of
the Public Works Director;
2. Suspension, revocation, or cancellation of any necessary health permit(s);
Incorrect or inadequate insurance coverage; or
4. Failure to comply with conditions of permit approval.
Within 24 hours of receipt of written notice of revocation or suspension, regardless of any
appeal of the action, the operation shall cease and the sidewalk cafe operator shall restore
the sidewalk to the condition existing prior to the placement of outdoor dining facilities or to
some other condition acceptable to the Public Works Director.
On motion of Council Member Schwartz, seconded by Mayor Allen Settle, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution as passed and adopted this 6th day of March 2001.
Ma or Allen fettle
ATTES
City Clerk Lee Price
APPROVED AS TO FORM:
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RESOLUTION NO. 1962 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION AND
THE ACTING COMMUNITY DEVELOPMENT DIRECTOR THAT A USE
PERMIT FOR A FRATERNITY LOCATED AT
71 PALOMAR DRIVE HAS EXPIRED (O 186 -00)
WHEREAS, in the City of San Luis Obispo, use permits expire if a use that is
allowed by use permit approval ceases operation for one year•, and
WHEREAS, the Acting Community Development Director determined that the use
permit for a fi-atemity at 71 Palomar Drive expired because the property was abandoned on
June 10, 1999 and a fraternity use had not been reestablished by June 10, 2000; and
WHEREAS, the Planning Commission conducted a public hearing on January 24,
2001 and upheld the Acting Community Development Director's determination, based on
the evidence provided during the public testimony and based on the evaluation and
recommendation of staff; and
WHEREAS, the City Council conducted a public hearing on March 6, 2001, and
has considered testimony of the appellants, City staff, interested parties, the records of the
Planning Commission hearing and action, and the evaluation and recommendation of staff,
and
WHEREAS, the City Council finds that the use permit for a fraternity at 71 Palomar
Drive expired because the fraternity use of the property was abandoned for a period of one
year; and
WHEREAS, the City Council finds that the Associated Student Sand Boarders do
not meet the intent of the definition of fraternity in the City's zoning ordinance.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings.
1. The Associated Student Sand Boarders are not a fraternity regulated under the
current City of San Luis Obispo Zoning Ordinance because the Associated Student Sand
Boarders does not meet the legislative intent of the definition of fraternity and the
requirement for a Planning Commission use permit in the R-3 and R-4 zones.
The use permit for a fraternity at 71 Palomar Drive has expired because the fraternity use
was abandoned on June 10, 1999, and was not reestablished by June 10, 2000.
R 9162
Resolution No. 916-- 001 Series)
Page 2 of 3
The City was denied access to conduct an inspection of the two detached rooms or
outbuildings on the property until June 15, 2000.
Two City building officials inspected one detached room or outbuilding on the property on
June 15, 2000, and determined that one detached room was occupied. The occupied
detached room did not have a kitchen or full bath.
On June 15, 2000, the main house on the property was not occupied.
The occupancy of a single detached room on the property does not reestablish the fraternal
use of the property because Planning Commission Resolution No. 11-68 was issued for the
large single - family residence on the property and not the detached accessory buildings.
On June 26, 2000, two City building officials were allowed to inspect the kitchen and one
bathroom in the main house on the property. The building officials were denied access to
the remainder of the main house.
On December 4, 2000, a City building official was allowed to inspect all structures on the
property. No violations were observed and Building Permit No. 14817 was finaled. The
main house on the property was occupied as well as the two detached rooms or outbuildings.
SECTION 2. Denial. The appeal of the Planning Commission decision to uphold
the Acting Community Development Director's determination that the use permit for a
fraternity at 71 Palomar Drive has expired is hereby denied:
On motion of Council Member Marx, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, and Schwartz.
NOES: None
ABSTAIN: Mayor Settle
ABSENT: Council Member Ewan
The foregoing resolution was passed and adopted this 6t' day of March 2001.
Lee Price, City Clerk
Allen
Resolution No. 9162 (2001 Series)
Page 3 of 3
APPROVED AS TO FORM:
JJ ,
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RESOLUTION NO. 9161 (2001 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AMENDING THE RESIDENTIAL GROWTH MANAGEMENT
PHASING SCHEDULE (GPI 21 -01)
WHEREAS, the Planning Commission and City Council have held hearings on the
proposed amendment on February 14, 2001, and March 6, 2001, respectively; and
WHEREAS, the Community Development Director has determined and the
Planning Commission has concurred that the proposed amendment is not a project under the
California Environmental Quality Act, because it has no potential for physical changes to
the environment; and
WHEREAS, the proposed amendment is consistent with the General Plan and the
Residential Growth Management Regulations, specifically by: Encouraging the timely
production of housing, including affordable housing; Encouraging the completion of public
facilities, including road improvements; Recognizing the dedication of open space;
Allowing development consistent with land use designations, zoning, and approved
development plans, and subject to availability of resources and services; and Maintaining a
citywide population growth rate not exceeding an annual average of one percent.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
The Residential Growth Management Phasing Schedule, first adopted October 5, 1999, by
Resolution No. 8972, is hereby amended as shown in the attached Exhibit A.
On motion of Mayor Settle, seconded by Council Member Marx, and on the following roll
call vote:
AYES: Council Members Mulholland, Schwartz, and Howell Marx, and
Mayor Settle
NOES`. None
ABSENT: Council Member Ewan
The foregoing resin was passed and adopted the 6`h day of March 2001.
Wyor Allen Settle
ATTESY.—
Lee Price,
R 9161
Resolution No. 916 (2001 Series)
Page 2
APPROVED AS TO FORM:
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RESOLUTION NO. 9160 (2001 Series)
RESOLUTION ELECTING TO BE SUBJECT TO SECTION 22873 OF THE
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WHEREAS, Government Code Section 22850 and/or 22850.3 provides the benefits
of the Public Employees' Medical and Hospital Care Act to employees of local agencies
contracting with the Public Employees' Retirement System; and
WHEREAS, the City of San Luis Obispo, hereinafter referred to as Contracting
Agency, is a local agency contracting with the Public Employees' Retirement System under
the Act; and
WHEREAS, Government Code Section 22873 allows a Contracting Agency to
provide benefits to domestic partners of employees and annuitants of local agencies
contracting under the Act upon proper application; and
WHEREAS, the Contracting Agency desires to obtain for its employees and
annuitants the benefit of Section 22873 and to accept the liabilities and obligations of a
contracting agency under the Section.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the
Contracting Agency elects, and it does hereby elect, to be subject to the provisions of
Section 22873 of the Government Code
Upon motion of Council Member Schwartz, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Member Marx, Mulholland, Schwartz, and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 6 h day of March 2001.
Lee Price, City Clerk
:' .1
Resolution No. 9160 -(2001 Series)
Page 2 of 2
APPROVED AS TO FORM:
L
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�� � d
RESOLUTION NO. 9159 (2001 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PROGRAM AND PRIORITIES FOR 2001
WHEREAS, a major objective of the City Council is to adopt an aggressive
legislative program which strengthens local government, promotes City goals and defends
the City against legislative actions by State and Federal governments that would weaken
local government and/or take away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to
effectively communicate with State Legislators and Federal representatives in order to
favorably influence State and Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and
advocacy program on behalf of cities for State issues and major Federal issues; and
WHEREAS, with four County supervisors representing different portions of the
City, it is imperative that the City develop an improved system for regular communication
with the Board of Supervisors, particularly concerning land use issues adjacent to the City;
and
WHEREAS, the City should continue to emphasize developing a positive
relationship with North County Cities and agencies concerning water issues; and
WHEREAS, the City desires to be proactive and involved in the governmental
decision making processes directly affecting the City legislative priorities identified in
Exhibit "A ", the League of California Cities legislative priorities identified in Exhibit "B ",
and other selected issues as may from time to time be recommended by the League of
California Cities; and
WHEREAS, a key component of the City's Legislative Action Program is face -to-
face meetings between City representatives and elected officials at the Federal, State, and
County levels, and coordination with similar efforts made by other local government
entities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Luis Obispo does hereby establish the Legislative Action Priorities for 2001, as set
forth in the attached Exhibits "A" and "B ", and authorizes staff to take positions on
legislation generally consistent with the Legislation Action Priorities and such other
resolutions and recommendations of the League of California Cities as may be from time to
time presented to the City.
R 9159
Resolution No. 9159 (2001 Series)
Page 2 of 2
Upon motion of Mayor Settle, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolu 'o " was adopted this 6h day of March 2001.
Mayor Allen Settle
Lee Price, City Clerk
APPROVED TO FORM:
C�
13
EXHIBIT A
Resolution No. 9159
Page 1 of 6
CITY LEGISLATIVE ACTION PRIORITIES FOR 2001
FEDERAL PRIORITIES
Requiring funding of federally mandated programs, including new water /wastewater
regulations, or eliminating such mandates
Promoting continued and increased funding sources for transportation, especially transit
Obtaining new funding sources to expand low and moderate income housing
Supporting legislation to transfer ownership of Salinas Reservoir to a local agency for the
purpose of facilitating the Salinas Dam Expansion Project
Supporting legislation on coastal preservation
Supporting legislation that provides regulatory relief to local government in complying with
the Fair Labor Standards Act and overtime provisions for exempt employees
Supporting continued funding for the Land and Water Conservation Grant Program
Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharge to Publicly Owned Treatment Works (POTW's) from sewers
Supporting legislation which strengthens the ability of cities to control their public rights-of-
way and apply zoning regulations relative to the telecommunications industry
Supporting legislation to increase the availability of grant funding to replace aging
infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc.
Supporting legislation that grants monies to local government for infrastructure
improvements in areas that have contamination from oil and gas production.
Endorsing legislation which provides local government with a fair share tax on catalog and
intemet sales; and opposing legislation that limits state or local authority to tax catalog or
Internet sales
Supporting legislation which assists welfare reform to work in a positive way and provides
funding for the social service programs of local non -profit organizations
Obtaining cooperation and prompt approval from the Environmental Protection Agency
(EPA) and Army Corps of Engineers for necessary flood control projects and lake dredging
La
EXHIBIT A
Resolution No. 9159
Page 2 of 6
Supporting legislative action to retain the existing process of local judicial review of land
use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters
best known to local authorities at the local level
Supporting legislation for grant funding for steelhead restoration projects
Opposing mandatory social security for newly hired local governmental employees
Supporting legislation to promote the safe, responsible, and cost effective reuse of biosolids
Supporting the existing federal water efficient plumbing standards contained in the Clean
Water Act
Promoting Federal efforts toward preservation of open space, coastal resources signature
land forms, wetlands, and other natural resources or areas threatened by development
Supporting the creation of National Marine Sanctuary off the Coast of San Luis Obispo
County to protect this fragile habitat from offshore oil and gas development
Supporting legislation that encourages research and development by businesses through tax
credits or other incentive programs
Supporting legislation that grants monies to local agencies, educational institutions and non-
profit corporations to provide incubator services to new and small businesses dedicated to
developing new technologies
Supporting legislation that funds the arts — especially public art
Seeking federal participation in the Ahearn property acquisition (within the boundaries of
Los padres National Forest) through the Federal Forest Legacy Program or other appropriate
Federal funding program
Opposing the use of Fort Hunter - Liggett as a bombing range
STATE PRIORITIES
FINANCE
Supporting efforts to protect the City from loss of revenues due to State mandates
Supporting legislation that strengthens opportunities for local fiscal independence
Returning ERAF
Supporting efforts to "protect, preserve and reform" local government revenue sources
�0
.XI11:
Resolution No. 9159
Page 3 of 6
Supporting legislation which better assures any reductions in Vehicle License Fees by the
State will be back -filled to local government in a permanent way
Supporting funding for state tourism promotion
Endorsing legislation which provides local government with a fair share tax on catalog and
internet sales; and opposing legislation that limits state or local authority to tax catalog or
Internet sales
COMMUNITY DEVELOPMENT
Opposing mandated State approval of local General Plan Elements, such as implementing
and compliance with State General Plan Housing element law
Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings
Promoting state efforts toward preservation of open space, coastal resources, signature land
forums, wetlands, and other natural resources or areas threatened by development
Promoting realistic housing requirements in the Housing Element
Promoting funding of on- campus housing at Community Colleges and CSU for student and
faculty housing
Promoting the concept of Urban Growth Boundaries
Promoting funding for the arts, especially public art
Promoting legislation which moves final decision on school site locations from school
district authority to local government (city or county) authority
Preserving local control of planning and zoning matters (such as the prohibition of drive -
through windows
PUBLIC SAFETY
Preserving city's authority to investigate police misconduct
Preserving city's authorityy to establish emergency medical service levels
Increasing City authority to regulate group homes for juvenile offenders
Continuing support for disaster preparedness/earthquake preparedness
C EXHIBIT A
Resolution No. 9159
Page 4 of 6
Supporting grant requests for Regional Hazardous Material Response Team, and a training
facility
Supporting efforts to secure higher levels of cost recovery for DUI's
Supporting efforts to expand the scope of parental responsibility for crimes committed by
minors
Supporting efforts to provide the Governor with authority to override the parole board when
anyone convicted of a violent offense is proposed to be released on parole
Preserving the authority of local control on issuance of concealed weapons permits
Supporting a state -wide gaming commission to oversee all forms of gambling in the state
Retaining budget commitments for Public Safety supplemental funding - State COPS
Program
Supporting legislation to help curb underage drinking.
Supporting another ABC inspector to work on minor /alcohol issues
Opposing new or increased state fees for state provided law enforcement services
TRANSPORTATION
Changing Gas tax laws to allow local tax for transportation purposes based on a majority
vote of the public
Increasing transportation funding (including transit, bicycles, others), especially transit
HUMAN RESOURCES/EMPLOYEE RELATIONS
Further reforming Worker's compensation
Supporting the legal challenge to SB 402, which instituted_ a system of compulsory and
binding arbitration for the resolution of collective bargaining disputes with police and fire
employees for all public agencies
Preserving the fiscal integrity of PERS and opposing State mandates that augment PERS
benefits outside of the collective bargaining process
Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to curtail
management rights
C)
CI EXHIBIT A
Resolution No. 9159
Page 5 of 6
Monitoring employee healthcare/benefit changes
PUBLIC WORKS
Better defining "qualified" bidders in public contracts bidding
Redefining Prevailing wages as "average" local wages
Streamlining Federal and State process for funding street projects
Increase to $20,000 limits of work (from $5,000) for public projects not requiring
competitive bidding
PARKS AND RECREATION AND NATURAL RESOURCES
Supporting recreational programming, particularly for "at risk" individuals within the City
Supporting funding for: protection of natural resources (e.g., the Morros), open space, and
parks development (e.g. Proposition 12)
Supporting funding for rehabilitation of urban parks
Supporting efforts at the State level for a park and open space bond measure
Seeking legislative grants supporting the City's acquisition of properties in the City
greenbelt
Obtaining grant funding for unmet community recreational needs
Improving the timeliness and accuracy of fingerprinting for volunteers
Supporting another statewide parks and recreation bond measure to be adopted by the state
legislature, approved by the governor, and passed by the voting public
Encouraging the State Department of Parks and Recreation to expedite the distribution of
Proposition 12 funds
Encouraging our local legislators to include an item in the state budget to allocate
$1,000,000 to the City for construction of a portion of the Community Center/Therapy Pool
project
UTILITIES
Providing funding for reclaimed water programs
Supporting clean water grant programs
(` /I E)GHBIT A
Resolution No. 9159
Page 6 of 6
Supporting legislation to enhance local government's ability to comply with solid waste
requirements
Supporting legislation to eliminate mandatory penalties for violations of NPDES
Requirements and returning discretionary control to the Regional Water Quality Control
Board Executive Officers. (Repeal SB 709)
Supporting legislation which will enhance market development for recycled materials
Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharged to POTW's from sewers
Supporting legislation to increase availability of grant funding for replacement of aging
infrastructure
Supporting legislation promoting the safe, responsible, and cost - effective reuse of biosolids
Supporting legislation to streamline the state regulatory permit process through the use of
general permits
Supporting legislation to establish water efficiency standards in the "Appliance Efficiency
Standards„
COUNTY PRIORITIES
Reaching agreement with the County and North County communities on solutions for
Salinas Reservoir expansion and Nacimiento pipeline projects
Developing consistency between the City and County General Plans, particularly to
emphasize the concepts that (1) urban development should be municipal, and (2)
unincorporated areas shall remain rural, agricultural, or open space in character
Working cooperatively with the County in the construction of County administrative and
judicial offices and courts in the in the downtown area. Encouraging participation by
County in providing nearby parking for County employees and clients
Improving regional solid waste management
Developing cooperative approaches for providing services on a regional basis
Resolving County issues relative to the local review of biosolids to maximize our
opportunities for safe and cost effective reuse opportunities
EXHIBIT A
Resolution No. 9159
Page 7 of 6
Discussing and resolving issues on the City periphery, such as conversion of agricultural
zoning to residential subdivision and industrial use, allowing increases in density in
residential and industrial areas, allowing substantial development beyond the City's urban
reserve line and giving greater credence to and respecting the integrity of the City's planning
process
Continuing to work with other cities to convince the County that urban-like development
should take place within the boundaries of cities, and not in the unincorporated areas — and
especially not within the urban growth boundaries of cities
EDUCATION
Supporting efforts to adequately fund the educational units within our community:
- primary and secondary schools
- special education programs for disadvantaged as well as gifted students
- Cuesta College
-the CPSU /SLO, whose unique programs and educational approach within the CSU
warrant special consideration
C
City Forum
� Exhibit B
Resolution No. 9159
Page 1 of 3
What's Cooking at the State Capitol? The League's Legislative Goals for 2001
What's cooking at the Capitol? For California's cities, coping with dramatic growth and
the issue of local control are this year's urgent priorities. During the past legislative
session, the priorities were fiscal reform, expanding transportation funding and killing
the binding arbitration legislation. The League was partially successful in accomplishing
those goals, and there is ongoing work under way to continue that effort -for example,
the ongoing SB 402 litigation and discussions with the governor's administration about
fiscal reform.
Priority Goals for the 2001 Session
At its November 2000 meeting, the League's board of directors adopted the organization's
legislative priorities for 2001. In most years, the board has set forth a policy framework
or list of priority goals to help focus the League's legislative advocacy efforts. When
considering goals and priorities for the upcoming legislative session, the board thought it
advisable to factor in two important elements:
• The League's renewed focus on local control; and
• The need for a response to the tremendous growth pressures facing our state and
its cities in the next 10 to 25 years.
According to any informed observer, California anticipates staggering population
increases that will stretch (and possibly break) the state's ability to provide public
facilities, infrastructure and services.
The priorities adopted by the board reflect a strategy for dealing with this inevitability. At
the local level, it is a question of how to create, develop or protect the communities we
have and make them livable for future residents. With this in mind, the board adopted
the following priority goals for the 2001 legislative session.
1. Local Control
• Advocate legislation that enhances local control of resources and tools that allow
city councils to address the needs of city residents within a framework of regional
cooperation;
• Oppose new unfunded mandates and pre - emption of local authority; and
• Encourage the use of state incentives, rather than mandates for local government
action.
2. Fiscal Reform
Reform the local government finance structure in a way that establishes a stable
revenue base for local governments to plan for future growth and provide needed
public facilities and services; and
Enact revenue measures that close the gap between the tax revenue from
development and the cost of providing public services.
(7i
3. Transportation Investment
Exhibit B
Resolution No. 9159
Page 2 of 3
Enact a stable transportation finance structure for state and local government that
balances and supports all modes of transportation to enhance livable local
communities.
A Look at This Year's Issues
In addition to these goals for 2001 and beyond, city officials can reasonably expect to see
a number of other issues on the city agenda this year. The issues, arranged by the League
policy committees that address them, are:
Administrative Services
Internet voting legislation;
Expanded immunity protection for hazardous recreational activities; and
Erosion of municipal immunity or expansion of exposure for local government on
issues of tort liability.
Community Services
• City authority for childcare services and a variety of at -risk youth issues
Employee Relations
• Create greater risk pool options for smaller PERS contracting agencies;
• Possible PERS /STRS merger and impact on PERS contracting agencies;
• Workers compensation reform and benefit increase package;
• Erosion of employer authority for employee off -duty activities; and
• Further implementation of Public Employment Relations Board jurisdiction over
cities, counties and special districts.
Environmental Quality
• Reopening discussion of electric restructuring and its impact on city operations,
city residents and municipal utilities;
• Revitalization of brownfields;
• Improvement of water quality and nonpoint pollution issues; and
• Continue to further define the role of state and local agencies in solid waste
facilities planning and permitting.
Housing, Community and Economic Development
New "smart growth" initiatives, ranging from transit - oriented development
proposals to efforts to promote multi - family housing;
Develop additional housing funding mechanisms, including the service -cost
imbalance issue;
Exhibit B
Resolution No. 9159
• Greater state funding matches for local general plan updates; Page 3 of 3
• Imposition of water supply considerations on land use planning;
• Expand database for local communities on group home issues; and
• Improve coordination between school sitting and local general plans.
Public Safety
• Increase bed space and other resources available in state and county detention
facilities, and
• Explore resolution to EMS governance issues.
Revenue and Taxation
• Fiscal reform and revenue. recovery issues;
• Resolve the e- commerce taxation issues as state and federal moratoria come to a
close;
• Reform state reimbursement of state imposed mandates;
• Industry- government collaboration on utility user tax structure; and
• Reform Board of Equalization rule- making authority.
At the local level, it is a question of horn to create, develop or protect the
communities we have and make them livable for future residents.
Transportation, Communications and Public Works
• Shift sales tax on gasoline permanently for transportation purposes at state and
local level;
• Secure constitutional authority for majority vote on transportation finance
measures;
• Expand design -build contract work and establish appropriate retention levels on
public works projects;
• Monitor truck weight - limit increases and their impact on state and local highways,
streets and roads;
• Project delivery on the governor's 2000 congestion plan; and
• Renew "Next TEA" (Transportation Efficiency Act) for federal transportation
finance.
/ IK-
RESOLUTION NO. 9158 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE COLLEGE HIGHLANDS AREA OF THE CITY AS A
RESIDENTIAL PARKING PERMIT AREA AND ESTABLISHING DAYS AND
HOURS OF OPERATION OF SAID AREA AND TIME OF RENEWAL FOR A
PARKING PERMIT
WHEREAS, the Council of the City of San Luis Obispo has received a petition
from a majority of the residents living in the College Highlands area as shown on Exhibitl;
and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
quality of life for the residents of this area has been adversely affected by non - residents
using the neighborhood streets for excess parking and;
WHEREAS, the Council of the City of San Luis Obispo has determined that the
restriction of non - resident parked vehicles on the neighborhood streets will improve
pedestrian and vehicular safety and allow residents to gain proper access to their residences
and;
WHEREAS, the Council of the City of San Luis Obispo has held a public hearing
to consider the establishment of a residential parking permit district and has determined the
parking permit district will improve the quality of life for the district residents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo
Municipal Code the residential parking permit area is hereby established as shown and listed
on Exhibit A.
SECTION 2. No vehicle other than vehicles providing services to the area or
having a residential parking permit clearly displayed on the dashboard on the drivers side of
the vehicle may park on any street within the district boundaries between the hours of l Opm
and l Oam, seven days a week.
SECTION 3. The Director of Public Works shall be directed to post the area with
signs that clearly indicate these restrictions.
SECTION 4. The Parking division shall issue residential parking permits on
demand as permitted in Section 10.36.220 of the San Luis Obispo Municipal Code. Parking
permits shall be issued for a year effective September 15.
R 9158
Resolution No. 9158 (201 Series)
Page 2
Upon motion of Council Member Marx, seconded by Vice Mayor Ewan,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES. None
ABSENT: None
J
The foregoing resolution was adopted this 20`h day of February 2001
Mayor i Settle
APPROVED AS TO FORM:
I�- �� °'�
� �'�
Exhibit
RE,.\U
9158
College Highlands Residential District
10:00 p.m. to 10:00
a.m. Daily
530 COUPER
523 CUESTA
647 CUESTA
400 HIGHLAND
529 PRINCETON
547 STANFORD
533 COUPER
531 CUESTA
507 DARTMOUTH
413 HIGHLAND
534 PRINCETON
551 STANFORD
536 COUPER
532 CUESTA
512 DARTMOUTH
435 HIGHLAND
537 PRINCETON
552 STANFORD
537 COUPER
535 CUESTA
513 DARTMOUTH
446 HIGHLAND
538 PRINCETON
560 STANFORD
541 COUPER
538 CUESTA
519 DARTMOUTH
457 HIGHLAND
540 PRINCETON,
563 STANFORD
545 COUPER
543 CUESTA
525 DARTMOUTH
479 HIGHLAND
544 PRINCETON
572 STANFORD
548 COUPER
546 CUESTA
529 DARTMOUTH
491 HIGHLAND
545 PRINCETON
575 STANFORD
553 COUPER
554 CUESTA
492 FELTON
510 HIGHLAND
550 PRINCETON
587 STANFORD
556 COUPER
555 CUESTA
506 FELTON
518 HIGHLAND
553 PRINCETON
588 STANFORD
557 COOPER
562 CUESTA
318 HIGHLAND
526 HIGHLAND
556 PRINCETON
599 STANFORD
561 COUPER
567 CUESTA
319 HIGHLAND
533 HIGHLAND
561 PRINCETON
612 STANFORD
562 COUPER
571 CUESTA
324 HIGHLAND
534 HIGHLAND
568 PRINCETON
613 STANFORD
418 CUESTA
574 CUESTA
327 HIGHLAND'
541 HIGHLAND
569 PRINCETON
620 STANFORD
423 CUESTA
586 CUESTA
334 HIGHLAND
542 HIGHLAND
577 PRINCETON
621 STANFORD
432 CUESTA
589 CUESTA
335 HIGHLAND
549 HIGHLAND
583 PRINCETON
628 STANFORD
435 CUESTA
593 CUESTA
343 HIGHLAND
550 HIGHLAND
584 PRINCETON
634 STANFORD
447 CUESTA
598 CUESTA
351 HIGHLAND
551 HIGHLAND
598 PRINCETON
635 STANFORD
448 CUESTA
600 CUESTA
359 HIGHLAND
557 HIGHLAND
502 STANFORD
646 STANFORD
455 CUESTA
607 CUESTA
367 HIGHLAND
569 HIGHLAND
510 STANFORD
649 STANFORD
504 CUESTA
618 CUESTA
368 HIGHLAND
505 PRINCETON
511 STANFORD
652 STANFORD
505 CUESTA
625 CUESTA
375 HIGHLAND
506 PRINCETON
522 STANFORD
653 STANFORD
513 CUESTA
6.36 CUESTA
382 HIGHLAND
513 PRINCETON
525 STANFORD
660 STANFORD
514 CUESTA
639 CUESTA
383 HIGHLAND
521 PRINCETON
533 STANFORD
667 STANFORD
520 CUESTA
644 CUESTA
395 HIGHLAND
524 PRINCETON
536 STANFORD
�l
4, 1,� 1.
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O
RESOLUTION NO. 9157 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE CITY'S INTENT TO SUSTAIN ITS LEVEL OF EXPENDITURES FOR
STREET, ROAD AND HIGHWAY PURPOSES
WHEREAS, AB 2928, known as the Transportation Congestion Relief Fund, provides
approximately $1 billion directly to cities and counties for preservation, maintenance and
rehabilitation of the local street and road system; and
WHEREAS, the City has received $306,700 for 2000 -01 from this fund; and
WHEREAS, use of these funds imposes a maintenance of effort (per Government Code
Section 14556.26) that requires cities to maintain their current level of General Fund expenditures
for street, road and highway purposes; and
WHEREAS, the formula is calculated on the average over the last three years (1996 -97,
1997 -98 and 1998 -99) of City expenditures from the General Fund for street, road and highway
purposes.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City will sustain its level of General Fund expenditures for street, road and highway
purposes in compliance with Government Code Section 14556.26.
Upon motion of Vice Mayor Ewan, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20' day of February 2001.
APPROVED AS TO FORM:
ffi° G. J rgen , C' Attorney
MWW'.Oonno*�00'0-� /� _/ %ice
R 9157
p/(,),n'�) 6 �pL
RESOLUTION NO. 9156 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN ACCESS EASEMENT FOR RARIG DEVELOPMENT AT
1998 SANTA BARBARA AVENUE
WHEREAS, "Rang Development, a Partnership" (hereinafter "Rang "), has offered
to grant necessary rights of way to accommodate 1) the proposed widening of Santa Barbara
Avenue (adjacent to 1998 Santa Barbara Avenue), in accordance with the current City
Council adopted street widening line established with the Railroad Transportation Center
(RTC) project, and 2) to accommodate the RTC driveway access on High Street, and
WHEREAS, "Rang" has requested an easement for vehicular ingress and egress via
driveways being constructed for the RTC project to accommodate access to a proposed
private parldng lot on Rarig property in exchange for the above dedication of rights of way,
as described and depicted in the attached "Exhibit A ".
NOW, THEREFORE, BE IT RESOLVED that a vehicular access easement for
ingress and egress is hereby granted to Rarig.
The Mayor is hereby authorized to execute the easement deed to Rarig upon submittal of the
offer of dedication for the above - referenced street rights of way.
On motion of Vice Mayor Ewan, seconded by Council Member Marx and on the following
roll call vote:
AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan,
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution
MAYOR AKen K.
I1
CITY CLERK Lee Price
Approved . •
passed and adopted this 20'h day of February 2001.
R 9156
C?
Recording Requested by
and when recorded, return to:
Rarig Construction, Inc.
4540 Broad Street
San Luis Obispo, CA 93401
DEED OF EASEMENT
(Vehicular ingress and egress for 1998 Santa Barbara Avenue)
APN 003 - 651 -009 & 011
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of
San Luis Obispo, a Municipal Corporation of the State of California, hereby GRANTS to Rang
Development, a partnership, as GRANTEE, an easement for vehicular ingress and egress purposes
over portions of those parcels of land described as follows: 1) Parcel B. as described in Document
No. 075219, filed for record on December 30, 1985, and 2) Exhibit "A -1 ", as described in
Document No. 1999 -071016, filed for record on October 6, 1999, in Official Records in the office
of the San Luis Obispo County Recorder, State of California, more particularly described as follows
and shown on the attached "Exhibit 1 ":
1. Permanent ingress and egress via the City Railroad Transportation Center (RTC)
driveway(s) on High Street.
2. Permissive ingress and egress via the RTC access driveway on Santa Barbara Avenue at
Upham Street.
C
Access easement -1998 Santa Barbara Street
Page Two
IN WITNESS �OFa ^GRANTOR hereunto caused its /their name(s) to be subscribed this
�� day f�v��
y 2001
CITY OF SAN LUIS OBISPO, a Municipal Corporation of tate of California
Mayor Allen K. de
(Attach Notary Certificate)
DevRev\ ... \Santa Barbara 1998 — easement to Rarig
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of
/
personally appeared
Title of Offioerh6.g., /Jane Doe, Notary Public's
- / rvameisj or oignertef
rws onally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personnW
whose narne(*s /are subscribed to the within instrument
and acknowledged to me that he /sheAhey executed the
same in his /he~ authorized capacity(Dss), and that by
—46-An mamma his/hedibeir signature('1 on the instrument the person),
LEE PRICE or the entity upon behalf of which the person(- acted,
Commission # 12M"7 executed the in merit
i
Not 11 Public - CaGfamic
Son Luis odspo Y WITNES,, and ktfCafTmrrLFd�ir5May21,2>i ',ly /
signature of Notary
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and. reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Dater
Signer(s) Other Than Named Above:
Capacity(ies) Cipimed by Signer(s)
Signer's Name:
❑ Individual
rporate Officer
ftle(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey -in -Fact
❑ Trustee
❑ Guardian or Conservator MIAMI
E] Other. I Top of thumb he e
Signer Is Representing:
Number of Pages: �?--..
Signer's Name:
• Individual
• Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey -in -Fact
❑ Trustee
• Guardian or Conservator
• Other; I Top of thumb here
Signer Is Representing:
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder. Call Toll -Free 1 -800- 878-8827
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RESOLUTION NO. 9155 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING
THE GOALS AND CHANGING THE NAME OF THE AFFIRMATIVE ACTION PLAN
WHEREAS, the City of San Luis Obispo is committed to the concept of Equal
Employment Opportunities as a basic principal that all persons shall be given equal access and
consideration to positions in the public service limited only by their ability and qualifications to do
the job, and
WHEREAS, Equal Employment Opportunity can best be achieved through definitive
programmed affirmative action, and
WHEREAS, the City of San Luis Obispo has had an Affirmative Action Program since
1979.
WHEREAS, it is the City Council's responsibility to review the updated Affirmative
Action Plan every odd - numbered year;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to adopt the updated goals of the Affirmative Action Plan, shown in Exhibit A, and change the title
of the plan to the Workforce Diversity Plan
Upon motion of Vice Mayor Ewan, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES:
ABSENT:
The foregoing resolution adopted this 20t" day of February 2001.
ayo A11en ettle
ATTEST:
Lee
APPROVED AS TO FORM:
r �
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R 9155
EXHIBIT "A"
Resolution
No. 9155
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RESOLUTION NO. 9154 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING THE REQUEST FOR ANNEXATION AND PROPOSED
AMENDMENTS TO THE ZONING REGULATIONS MAP
IN CONJUNCTION WITH THE CONSIDERATION OF
THE DALDIO COMMERCIAL ANNEXATION PROJECT LOCATED AT
2005 DALIDIO DRIVE (ER, ANNX,. R 57 -98)
WHEREAS, the Planning Commission conducted a public hearing on July 12,
2000, and recommended approval of annexation and amendments to the zoning map in
conjunction with the consideration of the Dalidio Commercial Annexation located at 2005
Dalidio Drive; and
WHEREAS, the City Council conducted a public hearing on February 6, 2001, and
has considered testimony of the applicant, interested parties, the records of the Planning
Commission hearing and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the annexation and proposed zoning map
amendments are inconsistent with the several policies of the General Plan as evaluated in the
project's Environmental Impact Report and Planning Commission report; and
WHEREAS, the potential environmental impacts of the project have been evaluated
in accordance with the California Environmental Quality Act and the City's Environmental
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Findings. The Council finds that the current land use designations
shown for the Dalidio property are no longer appropriate given changed conditions in terms
of overall retail development Citywide and concerns for the long -term preservation of
remaining prime agricultural farmland around the City.
The significant effects identified in the Air Quality, Agricultural Resources,
Aesthetics and Traffic /Circulation sections of the EIR will not be fully mitigated to a degree
of insignificance with the incorporation of all of the identified mitigation measures included
in the EIR. The adverse environmental impacts associated with project development may be
reduced, or potentially eliminated in some cases, with different land use designations for the
property.
SECTION 2. Denial. The annexation and zoning map amendments (prezoning) to
designate 52.9 acres of the property as C -R -S, Retail- Commercial with the Special
Consideration overlay zoning, and 40 acres as C /OS -40, Conservation/Open Space with a
40 -acre minimum parcel size, are hereby denied, and City staff is directed to study land use
R 9154
Resolution No. 9154 ( 00 Series) O
Page 2
options for the property and return to the Council at a later date with a report analyzing those
options:
On motion of Council Member Mulholland, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, and Vice Mayor Ewan
NOES: Council Member Schwartz
ABSTAIN: Mayor Settle
ABSENT: None
The foregoing resolution w assed and adopted this
Mayor All ettle
AT ST:
Lee Price, City Clerk
APPROVED AS TO FORM:
13th day of February 2001.
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RESOLUTION NO. 9153 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADJUSTING THE COMPENSATION FOR THE CITY'S CONFIDENTIAL EMPLOYEES
FOR THE PERIOD OF JANUARY 1,2001 THROUGH DECEMBER 31, 2002
WHEREAS, the City of San Luis Obispo designates the Executive Assistant to the City
Administrative Officer, the Executive Assistant to the Director of Human Resources, the Legal
Assistant/Paralegal and the Human Resources as confidential employees pursuant to the
Government Code,
WHEREAS, as such, confidential employees are precluded from collective bargaining and
therefore are not governed by a collective bargaining agreement,
WHEREAS, the wages, hours and other terms and conditions of employment for
confidential employees are established by resolution,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby resolves as follows:
SECTION 1. The salaries of the confidential employees shall be increased by 3.75%
effective the first day of the first full pay period of January 2001, 2.25% effective the first day of
the first full pay period in July, 2001, 3% effective the first day of the first full pay period of
January 2002, and.2% effective the first day of the first full pay period of July 2002.
SECTION 2. The cafeteria plan contribution for confidential employees shall be increased
to $460 per month effective the first day of the first full pay period of January 2002.
SECTION 3. The unused sick leave cash out upon retirement provision shall be increased
to provide for 20% cash out after 25 years of City service and 25% after 30 years of City service.
SECTION 4. Administrative Leave shall be increased an additional 4 hours for a total of
12 hours.
On motion of Council Member Schwartz, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
R 9153
Resolution No. 9153 (2001 Series)
Page 2
The foregoing resolution was adopted this 6th day of February 2001.
ATTEST:
&Z L--,� L�i��
�� /Lee Price, CM
U City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9152 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING PARKING MANAGEMENT GUIDELINES FOR RESERVED
AMTRAK PARKING IN THE RAILROAD SERVICE AREA
WHEREAS, the City of San Luis Obispo has developed the Railroad Transportation
Center (RTC) for Amtrak patron parking, Historic Railroad Museum parking, and as a layover
facility for the regional bus system; and
WHEREAS, the San Luis Obispo Council of Governments (SLOCOG) has requested
that one hundred (100) parking spaces be reserved within the RTC for current and future
AMTRAK patron use.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Within the existing Railroad Square parking lot, twenty-nine (29) daylong
and shared -use parking spaces shall be maintained for AMTRAK patrons.
SECTION 2. Upon completion of the RTC, twenty -four (24) parking spaces shall be
initially reserved for AMTRAK patrons,- as shown on Exhibit A.
SECTION 3. Upon completion of the RTC, the City will monitor the use of reserved
AMTRAK patron spaces twice a year, on weekdays, during non - holiday weeks. If eighty (80 %)
percent or more of these spaces are occupied for eight hours or more during either of the two
monitoring periods, then the City will incrementally expand, by five (5) spaces, the amount of
reserved parking for AMTRAK patrons. The total number of reserved spaces shall not exceed
100.
SECTION 4. Consistent with the monitoring provisions of Section 3, the City will
reserve a maximum of one - hundred (100) parking spaces within the RTC for AMTRAK patrons.
With the concurrence of SLOCOG, the City may reduce the forecasted 100- parking space
maximum reservation within the RTC if on -going monitoring shows that the full 100 spaces are
not needed to serve AMTRAK patron needs.
SECTION 5. The City will install appropriate signage designating the "reserved"
AMTRAK spaces. AMTRAK personnel shall be responsible for dispersing parking information
to all of its patrons directing them to use the approved parking spaces.
Upon motion of Council Member Schwartz, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
R 9152
Resolution No. 9152 (2001 Series)
Page 2
The foregoing resolution was adopted this 6' day of February 2001.
Mayor Allen Settle
ATTEST:
iry Lee Price, Ci Clerk
APPROVED AS TO FORM:
Exhibit A
Resolution No.
C' 0 9152 (2001 Seri(
of 1
RAILROAD SQUARE
Trdin Depot
a10 Minutes (4 Spaces)
Day Parking 10-Hr. (29 Spaces)
Except By Amtrak Po,mit
® 2 Hour Parking (99 Spaces)
... 10 Hour Parking (44 Spaces)
RAILROAD TRANSFER CENTER
r
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may,
Amtrak Reserved Long -Tenn (24 Spaces)
All Other Parking: Day Parking 104Hr. (99 Spaces)
Except By Amtrak Pennif
Bus Parkina (6 Spaces)
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RESOLUTION NO. 9151 (2001 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
EXPRESSING OPPOSITION TO THE PROPOSAL BY THE UNITED STATES NAVY
TO USE A PORTION OF HUNTER- LIGGETT MILITARY RESERVATION AS A
TARGET RANGE AND URGING CONSIDERATION OF ALTERNATIVE
LOCATIONS FOR THAT ACTIVITY
WHEREAS, the United States Navy has proposed to utilize a portion of Hunter- Liggett
Military Reservation in southern Monterey County, as a target range, and
WHEREAS, such use will entail as many as one thousand flights per year over the Military
Reservation, nearby areas of Los Padres National Forest, lands of the Hearst Corporation within
which is located Hearst Castle State Historical Monument, lands, of the Roman Catholic Church
within which are located the still active Mission San Antonio de Padua, and other portions of San
Luis Obispo and Monterey Counties, and
WHEREAS, such use may have significant environmental impacts; including disturbance
of habitat for the bald eagle and the endangered California condor, disturbance to the tranquility of
the Ventana and Silver Peak Wilderness Areas, and disturbance to the tranquility of the coastal
environs of the Big Sur and Hearst Castle, and
WHEREAS, such disturbance could result in significant and unavoidable damage to those
species and to the recreational and tourism values of the coastal regions of San Luis Obispo and
southern Monterey County.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
Declares its opposition to the proposal by the United States Navy to utilize a portion of
Hunter - Liggett Military Reservation as a target range, including the attendant overflights over the
range and surrounding areas; and
Urges the United States Navy to carefully and completely consider the environmental and
social impacts of this proposal; and
Urges the United States Navy to carefully consider alternatives to the use of Hunter- Liggett
Military Reservation for this proposed use.
On motion of Council Member Schwartz, seconded by Council Member Marx and on the following
roll call vote:
AYES: Mayor Settle, Vice Mayor Ewan, and Council Members Marx, Mulholland,
Schwartz
NOES: None
ABSENT: None
R 9151
Resolution No. 9151 (2001 Series)
Page 2
The foregoing resolution was adopted this 6th day of February 2001.
ATTEST:
Lee frice, M.C.
City Clerk
APPROVED AS TO FORM:
1 J
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RESOLUTION NO. 9150 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES'
ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2001 DECEMBER 31, 2002
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo City Employees' Association, attached hereto as exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to Richard Brown, SLOCEA President;
Ann Slate, Director of Human Resources; and William Statler, Finance Director.
On motion of Schwartz, seconded by Marx, and on the following roll call vote:
AYES:_ Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None '
The foregoing resolution was passed and adopted this 6" day of February 2001.
Ma or Allen Se e
ATTEST:
ee Price, 6MC
L City Clerk
APPROVED AS TO FORM:
-
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R 9150
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Resolutio:-L No. 9150
:xhibit A
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 2001
Through
DECEMBER 31, 2002
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TABLE OF CONTENTS
Arti�IP No Title Rage No
1
Parties to Agreement ............................. ..............................1
2
Recognition ........................................... ..•............................ 2
3
Term of Agreement .............................:. ............................... 3
4
Renegotiation ........................................ ............................... 4
5
Salary .................................................... ............................... 5
6
Overtime ................................................ ............................... 9
7
Longevity ............................................... .............................11
36
8
Standby ................................................. .............................13
40
9
Callback ................................................ .............................15
10
Work Out-Of-Class ............................... .............................16
11
Temporary Assignment ........................ .........:...................18
12
Bilingual Pay ......................................... .............................19
13
Payday ................................................ .......•.......................
20
14
Paychecks Prior To Vacation ............... .............................21
15
Retirement ................... ...............................
16
Supplemental Retirement ................... ...............................
25
17
Insurance and Refund ........................ ...............................
26
18
Long Term Disability Insurance .......... ...............................
31
19
Holidays .............................................. ...............................
34
20
Sick Leave ........................................... .I..............................
36
21
Bereavement Leave ............................ ...............................
40
22
Family Leave ......................................... .............................41
23
Vacation Leave .....................•............... .............................44
24 Workers' Compensation Leave ............ .............................46
25 Work Schedule ................................... ............................... 47
26 Vacation Sell Back .:..................:........... .......... * *.................48
27 Americans With Disabilities Act ......... ............................... 49
28 Transfer ............................................... ............................... 50
29 Layoffs ................................................. ............................... 51
30 Light Duty Assignment ........................ ............................... 59
31 Class "A & B" Physicals ...................... ............................... 60
32 Uniform and Uniform Allowance ................................... :.... 61
33 Safety Program ................................... ............................... 62
34 Employee Rights ................................... .............................63
AppendixA .......................................... ............................... 80
Attachment"1 ° ..................................... ............................... 83
C
35
Grievance Procedure ............................ .............................64
36
Representative Role ............................. .............................67
37
Committee Representation ................... .............................69
38
Dues Deduction .................................. ...............................
70
39
Copies of Agreement .......................... ...............................
71
40
Reopener .......................................:...... .............................72
41
Management. Rights ............................ ...............................
73
42
Peaceful Performance ........................ ...............................
74
43
Full Agre ement .................................... ...............................
76
44
Savings Clause .............................
45
Authorized Agents .............................. ...............................
78
46
Signatures ........................................... ...............................
79
AppendixA .......................................... ............................... 80
Attachment"1 ° ..................................... ............................... 83
i
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 6th day of February, 2001, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the
San Luis Obispo City Employees' Association, hereinafter referred to as the
Association.
Nothing in this Agreement between the parties shall invalidate nor be substituted
for any provisions in City Resolution No. 6620 unless so stipulated to by
provision(s) contained herein and agreed to.
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ARTICLE 2
RECOGNITION
(
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620,
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 compensation, hours and other terms and
conditions of employment for the duration of the Agreement.
2
ARTICLE 3
TERM OF AGREEMENT
This Agreement shall become effective January 1, 2001, except that those
provisions which have specific implementation dates, shall be implemented on
those dates and shall remain in full force and effect until midnight December 31,
2002. .
3
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ARTICLE 4
RENEGOTIATION
0
If the Association desires to negotiate a successor Agreement, then the
Association shall serve upon the City, during September of 2002, 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.
El
ARTICLE 5
SALARY
SECTION A Rules Governing Step Chancres
The following rules shall govern step increases for employees:
(1) The first step is the minimum 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 be advanced to the
second step following the completion of twelve months satisfactory
service upon recommendation by his /her department head and the
approval of the Human Resources 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 twelve months service at the second
step, provided the advancement is recommended by the department
head and approved by the Human Resources 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
advancement is recommended by the department head and approved
by the Human Resources Director. An employee may be advanced to
the fifth
step after completion 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 recommended and justified in writing by the
department head and approved by the Human Resources Director.
(5) The above criteria for step increases apply except where other
arrangements are authorized by the Administrative 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's salary 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.
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(8) Each department head shall be authorized to reevaluate employees
who reach Step 5 in their pay range. An employee who is not
performing up to standard for the fifth step shall be notified in writing
that the department head intends to reduce' him one step unless his job
performance improves to an acceptable level by the end of 60 days.
Prior to the end of 60 days the department head 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
department head. If the department head deems it necessary to again
remove the fifth step during the same fiscal year, he /she may make the
change at any time with three business days written notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y"
rated, freezing his salary until such time as there is an improved job performance.
The department head shall give 60 days written notice to any employee he /she
intends to "Y" rate, giving the.employee an opportunity to correct any deficiencies.
A "Y" rated employee would not receive neither step increases or salary increases
granted by the City Council in a MOA resolution. The "Y" rating procedure shall
not result (then or later) in the employee being frozen below the next lower step of
7
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the new range. For example, if an employee is at step D when "frozen" his /her
salary shall not ever be less then the current step C by this action.
SECTION C Computation of Salary Range
Each salary range consists of five steps 0 through 51. Steps 1 through 4 equal
95% of the next highest step, computed 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 remaining steps established in
accordance with the above formula.
SECTION D Salary Provision for the Term of Agreement
1. The parties agree to a salary increase as set forth below to be effective
on the first day of the first full payroll period in the month listed, for all
employees employed by the City on the effective date of the increases
beginning January 2001.
January 2001 3.0%
July 2001 .2.0%
January 2002 3.0%
July 2001 2.0%
0
A. DEFINITION
ARTICLE 6
OVERTIME
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
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. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, or in time off (CTO) 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) minutes worked.
C. COMPENSATORY TIME OFF (CTO)
An employee eligible for overtime compensation may elect compensation in
the form of time off (CTO). An employee shall be compensated in CTO only
if the employee's department head approved such compensation. An
employee may not be compensated in CTO for more than sixty (60) hours of
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overtime worked in the calendar year. Accumulated CTO not taken within
the calendar year shall be compensated in cash at straight time.
Such compensation shall be paid in January of the following year.
10
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ARTICLE 7
LONGEVITY
A. Employees with hire dates after December 31, 1973. Effective January 1,
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 full -time 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
concurrence 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
11
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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 recommendation of the department head. If the department head
deems it necessary to again remove longevity pay during the same fiscal
year, he /she may make the change at any time with three business days
written notice.
12
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ARTICLE 8
STANDBY
A. Standby 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
communication equipment; and
Refrain from activities which might impair his /her assigned duties upon
call.
B. Employees, other than those assigned to the Water Reclamation Facility, will
receive thirty dollars ($30.00) for each week day, thirty -five dollars ($35.00)
for each weekend day, and thirty -five dollars ($35.00) for each holiday of
such assignment.
C. Operators at the Water Reclamation Facility will receive standby amounts
equivalent to those set forth above prorated for the hours actually spent on
standby duty.
D. For return to work as part of a standby assignment, as defined above, the
City will guarantee either two (2) hours of pay in cash at straight time or pay
at time and one half for time actually worked whichever is greater.
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E. The parties agree that employees on standby, as defined above, are "waiting
to be engaged."
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A. DEFINITION
ARTICLE 9
CALLBACK
C
Callback is defined as that circumstance 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;
Except 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. COMPENSATION
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 actually 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
minimum if the return is within the original minimum.
15
ARTICLE 10
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 in another classification. An
employee assigned in writing by management to work out -of -class on a
position that is assigned a higher pay range and is vacant pending an
examination 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 commending on the eleventh consecutive
workday on the out -of -class assignment.
Employees assigned as project managers and thereby working out -of-
classification shall receive compensation pursuant to this section.
B. SEASONAL SUPERVISION
If, in addition to his /her regularly assigned employees, any employee
responsible for five (5) or more temporary workers for a period exceeding 10
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consecutive work days shall receive additional pay of 5% commencing with
the 11th day.
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ARTICLE 11.
TEMPORARY ASSIGNMENT
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 regularly assigned. 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.
W-]
ARTICLE 12.
BILINGUAL PAY
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Employees certified as bilingual in Spanish through a testing process and certified
as being required to regularly use their Spanish speaking skills shall receive a
bilingual payment of thirty -five ($35) dollars per pay period. Additional languages
may be approved by the City based upon demonstrated need. Regardless of
certification and payment, all employees shall use any language skills they possess
to the best of their ability.
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ARTICLE 13
PAYDAY
r;
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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.
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ARTICLE 14
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 coming to cover the pay period. Effective January 1,
2002, the practice of issuing pay checks prior to vacation shall be discontinued.
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ARTICLE 15
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2% at
age 55 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. As soon as possible, the
City will implement the Military Service Credit option (Section 21024) and
the Level 4 1959 Survivor Benefit option (Section 21574).
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
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(7 %) PERS contribution is made subject to I.R.S. approval of reporting
procedures.
C. At the election of the Association, during the second year of this agreement,
the City will begin reporting the payment of the employee's retirement
contribution (EPMC) as compensation. Upon implementation of 2% @ 55, as
in "D" below, the City will implement, EPMC at no cost to the employees.
D. The City will implement the 2% at 55 retirement program subject to all of the
following conditions:
1. The Unit will execute a supplemental memorandum of agreement
(Attachment I - Governing Implementation of the 2% at 55 Retirement
Program).
2. Employees will pay the entire cost of the 2% at 55 retirement program.
This cost shall be paid by the City reducing its payment of the
employees retirement contribution (EPMC) by a percent exactly equal
to the cost of the 2% at 55 retirement program. The cost of the
program shall be defined as the incremental cost of the 2% at 55
retirement program. The incremental cost will be that percentage
identified by PERS when supplying the actuarial quotation for 2% at 55
implementation. Concurrent to the employees assuming responsibility
for a portion of payment of the employee retirement share, the City
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shall implement an IRS 414h(2) provision allowing for the employee to
make this contribution on a pretax basis.
3. Other affected employee groups and /or associations shall agree to
equivalent provisions for 2% at 55 implementation (or have such
provisions implemented).
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ARTICLE 16
SUPPLEMENTAL RETIREMENT
Effective with the first full pay period following July 1, 2002, the City shall
establish a defined contribution supplemental retirement plan for all employees
covered by this agreement. The City shall contribute 1 % of the employee's base
salary to the plan. Employees shall contribute 2% of base salary on a pre tax basis
to the plan.
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ARTICLE. 17
INSURANCE AND REFUND
A. CONTRIBUTION
Effective January 4, 2001, the City shall contribute $465.00 per month for
Cafeteria Plan benefits for each regular, full time employee covered by this
agreement. Effective January 3, 2002, the City shall contribute $485.00 per
month per employee. Less than full -time employees shall receive a prorated
share of the City's contribution.
B: INSURANCE COVERAGE
1. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program
with the "unequal contribution option" at the PERS minimum
contribution rate, currently $16.00 per month for active employees
and $1.00 per month for retirees. The City's contribution toward
retirees shall be increased by five (5 %) percent per year of the City's
contribution for the active employees until such time as the
contributions for employees and retirees are equal. The City's
contribution will come out of that amount the City currently
contributes to employees as part of the City's Cafeteria Plan. The cost
of the City's participation in PERS will not require the City to expend
26
additional funds toward health insurance beyond what is already
provided for. In summary, this cost and any increases will be borne by
the employees.
2. Health Insurance Coverage_ Optional Participation
Employees with proof of medical insurance elsewhere are not required
to participate in the PERS Health Benefit Program and may receive the
unused portion of the City's contribution (after dental and vision
insurance premiums are deducted) in cash in accordance with the
City's Cafeteria Plan. Those employees will also be assessed $16.00
per month to be placed in the Retiree Health Insurance Account. This
account will be used to fund the Retiree Health Insurance Account.
This account will be used to fund the City's contribution toward retiree
premiums and the City's costs for the Public Employee's Contingency
Reserve Fund and the Administrative Costs. However, there is no
requirement that these funds be used exclusively for this purpose nor
any guarantee that they will be sufficient to fund retiree health costs,
although they will be used for negotiated employee benefits.
3. Health Insurance Benefits for Domestic Partners
The City will adopt a resolution electing to provide health insurance
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4.
benefits to domestic partners (Section 22873 of the Public
Employees' Medical and Hospital Care Act [PEMCHAD.
Dental and Vision Insurance /Dependent_Covera4e
Employees will be required to participate in the City's dental and vision
plans at the "employee only" rate. Should they elect to cover
dependents in the City's dental and vision plans, they may do so, even
if they do not have dependent coverage under the PERS medical plan.
LIFE INSURANCE
Employees shall pay for life insurance coverage of Twenty -five Thousand
Dollars ($25,000).
MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a
Medical Plan Review Committee. In addition, the Association may appoint
one non- voting representative to provide a wider range of viewpoint for
discussion. The vote of each voting representative shall be weighted
according to the number of employees represented by the association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW
COMMITTEE
a. Review and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA
m
b. Submit to the City and its employee associations
recommendations on proposed changes for the City's flexible
benefits plan and the insurance plans offered under the MOA
C. Disseminate information and educate employees about the
City's flexible benefits plan and the insurance plans offered
under the MOA;
d. Participate in other related assignments requested by the City
and its employee associations.
2. MISCELLANEOUS
a. The. actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
conferring.
b. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City
and Association.
C. If changes to the City's flexible benefits plan, or Cafeteria Plan,
are subject to meet and confer requirements, the City and the
Association agree to meet and confer in good faith.
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d. In performing its duties, the Medical Plan Review Committee
may consult independent outside experts. The City shall pay
any fees incurred for this consultation, provided that the City
has approved the consultation and fees in advance.
E. City agrees to continue its contribution to the Cafeteria Plan 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).
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ARTICLE 18
LONG TERM DISABILITY INSURANCE
A. COVERAGE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct
from employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time -in- service and other City benefits will only accrue when an employee is
on City -paid time.
D. COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that
take home pay will not exceed regular take home pay. Paid time is
defined as vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his /her uncashed LTD 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.
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E.
b. Employees who receive LTD benefits shall receive credit for a
portion of the paid leave used to cover their absence. To
determine the credit, the amount of their LTD 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 time during
the pay period. To receive the credit, the employee
must sign his /her LTD benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1.4 x $9.67 = $13.54
$384 / $13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
ACCRUAL OF BENEFITS WHILE ON LTD 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 #3 below. To continue health insurance, the employee
must pay the entire cost of his /her health coverage for that pay period.
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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 16, Section E.
F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD after the required two (2) years
membership, it must present a majority petition indicating such desire.
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ARTICLE 19
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September- Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One -half day before Christmas
One -half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When
a holiday falls on a Sunday, the following Monday shall be observed. A holiday
shall be defined as eight (8) hours of paid time off for regular full -time employees.
34
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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,
accumulation, etc. of such vacation shall be subject to the same rules and
procedures that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1.
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ARTICLE 20
SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or
off - the -job injury, or exposure to contagious diseases as evidenced by
certification from an accepted medical authority.
B. Rules 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 prorated shift equivalent per year
of continuous service.
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 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
sick leave abuse.
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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 comply 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.
7. Any employee absent for an extended illness or other physical
disability may be required by the Human Resources 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 Human Resources
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. Employees who are judged to be physically incapable of
meeting normal requirements 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.
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9. In the event that an employee's sick leave benefits become exhausted
due 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 Rules unless eligible to participate in
the City's Catastrophic Leave Policy. For continuation of medical
insurance see Insurance and Refund, Article 17, Section E.
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 nor any right of claim to sickness disability benefits after
separation from the services of the City. When 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. The amount paid by the City shall be the difference between the
amount received by the employee from the City's compensation
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
38
as a result of engaging in employment other than employment by the
City for monetary gain or other compensation other than business or
activity connected with his /her City employment.
12. Accumulation 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 accumulated sick leave will be
paid to the employee, or the designated beneficiary or beneficiaries
according to the following schedule:
(a) Death - 25%
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment - 10%
(2) After twenty years of continuous employment - 15%
(3) After twenty -five years of continuous employment —
20%
(4) After thirty years of continuous employment — 25%
Kos]
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ARTICLE 21
.BEREAVEMENT LEAVE
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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. The employee may be required to submit proof of relative's
death before being granted sick leave pay. False information concerning the death
or relationship shall be cause for discharge.
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ARTICLE 22
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) days (56 hours) of sick leave per year
if the family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined . as spouse, child,
brother, sister, parent, parent -in -law, step - parent, step - brother, step- sister,
grandparent, or any other relative living in the same household.
E. The amounts shown in A, B, and C above are annual maximums, not
maximums per qualifying family member.
F. If the family member is a child, parent or spouse, an employee may use up to
48 hours annually to attend to the illness of the child parent or spouse,
instead of the annual maximums in paragraphs A. and B. above, in
accordance with Labor Code Section 233.
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F. In conjunction with existing leave benefits, employees with one year of City
service who have worked at least 1280 hours in the last year, may be eligible
for up to 12 weeks of Family /Medical Leave within any 12 month period.
Family /Medical Leave can be used for:
1. A new child through birth, adoption or foster care (maternal or
paternal leave).
2. A seriously ill child, spouse or parent who requires
hospitalization or continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the
existing four month Pregnancy - Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personnel illness, will be
subtracted from the 12 weeks allowed by the Family /Medical Leave Program.
Employees must use all available vacation, compensatory time and
administrative leave and, if, appropriate, sick leave prior to receiving unpaid
Family /Medical Leave.
EN
Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However,
employees who, receive cash back under the City's Flexible Benefit Plan will
not receive that cash during the Family /Medical Leave. Only City group
health insurance premiums will be paid by the City.
If an employee does not return to work following Family /Medical leave, the
City may collect from the employee the amount paid for health insurance by
the City during the leave. There are two exceptions to this rule:
1. The. continuation of a serious health condition of the employee
or a covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family /Medical Leaves, are available through the City's
"Guide to Family /Leave Program."
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ARTICLE 23
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 completion of five years, 18 days (144 hours) per year upon
completion of ten years, and 20 days 0 60 hours) upon completion 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 leave 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
44
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
supervisor upon returning to work.
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. Vacation leave shall be accrued as earned through December 31, up to a
maximum of twice the annual rate.
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ARTICLE 24
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on- the -job injury in accordance
with state workers' compensation law and is not eligible for disability payments
under Labor Code Section 4850 shall be paid the difference between his /her base
salary and the amount provided by workers' compensation 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 Insurance and Refund, Article 17,
Section E.
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ARTICLE 25
WORK SCHEDULE
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, nor hours of work per week,
nor 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.
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ARTICLE 26
VACATION. SELL.BACK
All employees in this unit are eligible, once annually in December, to request
payment for up to forty (40) hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Employees must have eighty (80) hours of accrued vacation leave to be eligible.
Upon request, vacation sellback payments shall be made by separate check.
ARTICLE 27
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AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with
Disabilities Act. It is agreed that the City shall take all necessary actions to
comply with the provisions of this Act. If necessary, sections of this
Memorandum of Agreement and /or the City Personnel Rules may be suspended in
order to achieve compliance.
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ARTICLE 28
TRANSFER
A. TRANSFER REQUEST
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Employees who want to transfer may notify the City by filing a form with the
Human Resources Department. Such form shall be developed and made
available by the Human Resources 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 minimum
qualifications as determined by the Human Resources Director.
If the transfer involves a change from one department to another, both department
heads must consent thereto unless the City Administrative Officer orders the
transfer for purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
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ARTICLE 29
.LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo
shall determine when and in what position or classifications layoffs are to occur.
The Human Resources Director shall be responsible for the implementation of a
layoff order of the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be
laid off, the order of layoffs shall be as follows:
1. Temporary and contract employees, in the order to be
determined by the appointing authority;
2. Probationary employees (promotional probation excluded), in the
order to be determined by the appointing authority;
For regular employees, layoffs shall be .governed by job performance
and seniority in service within a particular department and job
classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
51
Category 1:
Performance that is unsatisfactory, below standard, needs
improvement, unacceptable or does not meet minimum
standards. Performance defined by this category is evidenced
by the employee's two most recent performance evaluations
with an overall rating that falls within the lowest two categories
of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations,
meets performance standards, exceeds performance standards
and expectations or is outstanding. Performance defined by this
category is evidenced by an employee's two most recent
performance evaluations with an overall rating that falls within
the top two or three performance categories of the performance
appraisal.
A regular employee being laid off shall be that employee with the
least seniority in the particular job classification concerned and in
the department involved who is in the lowest job performance
category. Employees in Category. 1 with the lowest seniority
will be laid off first, followed by employees in Category 2.
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Should the two performance evaluations contain overall ratings
that are in the two different. Categories as defined above, the
third most recent evaluation overall rating shall be used to
determine which performance category the City shall use in
deterining order of layoffs.
a. In the event two or more employees in the same job
classification are in the same job performance category,
the employee with the least amount of service with the
City shall be laid off first.
b. Transfer to another department in lieu of layoff is
authorized upon approval of the department needs, if
there is a vacancy and the employee meets the minimum
job requirements.
C. Regular part time employees shall receive prorated
seniority credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed on the
appropriate Reemployment. List for one year. The recall of employees
will be in reverse order of layoff, depending upon City requirements.
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Reemployment lists shall be used for filling those classes requiring
substantially the same minimum. qualifications, duties and
responsibilities of the class from which the layoff was made.
C. Appointment of Laid -Off Employees to Vacant Class.
An appointing authority may, with the approval of the department
head and the Human Resources Director and in agreement with the
employee, appoint an employee who is to be laid off to a vacancy in a
vacant class for which he or she is qualified.
D. Employee reassignments (bumping procedure):
1. Employees who have been promoted during their service with
the City may bump back one classification in their career series,
or to a position within a classification they formerly held, if
there is an employee in the lower previously held classification
with less seniority than the employee who wants to bump.
Seniority for the purpose of this section shall mean time in the
position in the lower classification plus time in other
classifications. For example, (1) an employee attempting to
bump to Accounting Assistant II from Accounting Assistant III
would utilize their combined time as a II and III in determining
whether or not they had more seniority than an individual in the
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II classification. (2) An employee attempting to bump to a
Parks Worker II from a Street Painter position would utilize their
combined time in each respective position to determine seniority.
2. Reassignment rights may be exercised only once in connection
with any one layoff, and shall be exercised within seven (7)
calendar days from the date of the notice of the layoff, by
written notice from the employee.
3. The bumping right shall be considered exercised by the
displacement of another employee with lesser total service or by
the acceptance of a vacant position in the class with the same
or lower salary.
4. Full time and part time regular employees shall have bumping
rights for either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Administrative Officer
determines that the public interest will not be served by
application of the above criteria, the City Administrative Officer
may depart therefrom on the basis of a clearly demonstrable
superiority in performance and /or qualifications.
6. Employees on layoff shall be offered reemployment in the
inverse order of layoff, provided no intervening factors have
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occurred which essentially change the ability of the employee to
perform the offered employment.
E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective
date of any reduction in force concurrent with the notice to the
affected employee(s) pursuant to G; below.
G. Notice of Layoff to Employees.
An employee to be laid -off shall be notified in writing of the impending
action at least thirty (30) calendar days in advance of the effective
date of the lay -off. The notice shall include the following information:
1. Reason for lay -off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names From Reemployment Lists.
The Human Resources Director may remove an employee's name from
a reinstatement list if any of the following occur:
1. The individual indicates that he /she will be unable to return to
employment with the City during the life of the list; or
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2. The individual cannot be reached after reasonable efforts have
been made to do so. The City shall utilize certified mail when
contacting individuals; or
3. The individual refuses two reemployment offers. Individuals
shall have ten (10) days to respond to the offer of reemployment
and an additional fourteen (14) days to return to work.
K. Employee Rights And Responsibilities.
In addition to rights identified herein, employees affected by these
procedures shall also have the following rights:
1. Through prior arrangement with his /her immediate supervisor an
employee who has been notified of his/her impending layoff shall
be granted reasonable time off without loss of pay to participate
in a prescheduled interview or test for other employment.
2. An employee who has been laid off shall be paid in full for
his /her unused accrued vacation leave on the effective date of
the layoff.
3. When an individual is reemployed he /she shall be entitled to:
a. Retain his /her seniority date.
b. Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
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c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he /she was
laid off shall be assigned to the same salary range and step he /she held at
the time of the layoff. An individual reemployed into a job classification
other than the classification from which he /she was laid off shall be
assigned to the salary range of the new classification at the amount
closest to the salary he /she earned at the time of the layoff. An individual
reemployed into the classification from which he /she was laid off while
still a probationary employee shall complete, upon return to the job, the
remaining portion of his /her probationary period, if any, in effect at the
time of the layoff. Similarly, an individual who is reemployed shall
complete upon return to the job the same work time he /she would have
had to work at the time of the layoff to attain a higher vacation leave
accrual rate or to become eligible for a salary step increase, if such
changes are possible.
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ARTICLE 30
LIGHT DUTY ASSIGNMENT
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.
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ARTICLE 31
CLASS "A & B" PHYSICALS
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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 "A or
B" California drivers licenses.
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ARTICLE 32
UNIFORM AND UNIFORM ALLOWANCE
A. The Administrative Secretary, Secretary and Records Clerks in the Police
Department shall receive 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 combination 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 shall be made by the Human Resources Director on a
case -by -case basis.
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ARTICLE 33
SAFETY PROGRAM
The City shall continue a compensation 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 committee member
shall be designed by the Human Resources Director or his /her designee. The intent
of the safety representatives is to assist the Human Resources Director and the
overall safety program in reducing accidents by reporting hazardous conditions.
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ARTICLE 34
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer - employee relations including but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to join or participate in the
activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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ARTICLE 35
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of
the employer - employee resolution, the Personnel Rules and Regulations, any
Memorandum of Agreement, excluding disciplinary matters, or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative to
accompany him /her at each step of the process. If the matter can be
resolved at that level to the satisfaction of the employee, the grievance shall
be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or agreement said to be
violated, and the proposed remedy. This action must take place within
fifteen (15) business days of the response of the supervisor's immediate
superior but in no event later than thirty (30) calendar days after the
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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.
C. If the employee is dissatisfied with the department head's decision, the
employee may immediately submit the grievance in writing to the Human
Resources Director within seven (7) business days of receiving the
department heads's decision. The Human Resources Director shall confer
with the employee and the department head and any other interested
parties, and shall conduct such other investigations as may be advisable.
D. The results of findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen (15)
business days of receiving the employee's written request. The City
Administrative Officer will meet with the employee if the employee so
desires before rendering a decision with respect to the complaint. The City
Administrative Officer's decision and reason if denied shall be in writing and
given to the employee within twenty (20) business days of receiving the
Human Resources Director's results and findings. Such decision shall be
final unless employee desires the Personnel Board to review the decision. If
65
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 Human Resources 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 recommends overruling or
modifying the City Administrative Officer's decision, the City Administrative
Officer shall comply or appeal this recommendation to the City Council.
Such appeal shall be filed with the City Clerk within three (3) business days
of the Board's action. If appealed, the City Council shall review the case on
the record and render a final decision within thirty (30) business days of
submittal.
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ARTICLE 36
REPRESENTATIVE ROLE
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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.
(2) That, any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing
provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours.
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ARTICLE 37
COMMITTEE REPRESENTATION
A. If the Director of Human Resources establishes a committee to study possible
changes which will affect significant numbers of employees in the unit in
subjects within the scope of representation, and if the Human Resources
Director includes unit members on the committee, such committee members
shall be designated by the Human Resources 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 an
as- needed basis to discuss issues of concern to the parties.
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ARTICLE 38
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. These dues
shall not include assessments. Bi- weekly dues deduction additions and /or
deletions shall be recorded-by the City's Finance Director 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
indemnify 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.
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ARTICLE 39
COPIES OF AGREEMENT
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.
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ARTICLE. 40
REOPENER
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Upon request of the City, the Association agrees to reopen negotiations on
possible implementation of a Sick Leave Incentive Program(s).
Upon request of either the Association or the City, the parties agree to reopen
negotiations on possible retirement enhancements, if approved by the State
legislative and signed by the Governor. Any enhancements to the retirement plan
would be cost neutral to the City.
Upon request of the Association, the parties agree to meet and confer on possible
establishment of a Voluntary Employees' Beneficiary Association (VEBA ).
At the request of the City or the Association, the parties agree to meet and confer
on the implementation of broad banding of classifications and recruitment
incentives for classifications that have been difficult to fill.
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ARTICLE 41
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissions and boards; set
standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve
its employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of governmental operations; determine the methods, means
and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization
and the technology of performing its work.
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ARTICLE-42
PEACEFUL PERFORMANCE
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 -down, sit -down, stay -away, or unlawful
picketing.
B. In the event that there occurs any strike, concerted work stoppage, or
any other form of interference with or limitation of the peaceful
performance of City services prohibited by 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 actions.
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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, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based.
Such Notice of Appeal must be filed within ten (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.
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ARTICLE 43
FULL AGREEMENT
It is understood this Agreement represents a complete and final 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.
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ARTICLE 44
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by
any court of competent jurisdiction, or if compliance with or enforcement of any
provision should be restrained by any tribunal, the remainder of this Agreement
shall not be affected thereby, and the parties shall enter into a meet and confer
session for the sole purpose of arriving at a mutually satisfactory replacement for
such provision within 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. 6620.
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ARTICLE 45
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 93401: (805)
781 - 7217).
B. Management's principal authorized agent shall be the Human
Resources Director or his /her duly authorized representative (address:
990 Palm Street, San Luis Obispo, CA 93401 -3249; telephone: (805)
781- 7250).
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ARTICLE 46
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown
in Appendix "A ".
This Agreement becomes effective February 6, 2001, as witnessed hereto by the
following parties:
CITY OF SAN LUIS OBISPO
William Avery, City Consultant
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
Paul Bechely, SLOCEA Consultant.
RWW 1A 11A b( <z.��,,..� &ut� &k 12 I to l
Ann Slate, Human Resources Director /Date Richard Brown, President /Date
Other City Negotiating Team Members
Karen Jenny
Other SLOCEA Neaotiatina Team Members
Mike Bertaccini
Ron Faria
Tim Girvin
Gary Keavney
Sheila New
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APPENDIX A
CLASSIFICATIONS
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The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families
nor functional groupings as shown in previous MOA's.
Accounting Assistant I
Accounting Assistant II
Accounting Assistant III
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Assistant City Clerk
Assistant Engineer I
Assistant Engineer II
Assistant Planner
Associate Engineer
Associate Transportation Engineer.
Associate Planner
Biologist
Building Inspector
Building Maintenance Technician
Building Permit Coordinator
Code Enforcement Coordinator
Computer Systems Technician I
Computer Systems Technician II
Council Assistant
Engineering Technician I
Engineering Technician II
Field Engineering Assistant
Fire Inspector
Fire Inspector I
Fire Plan Check Inspector
Heavy Equipment Operator I
Heavy Equipment. Operator II
Heavy Equipment Mechanic
Industrial Waste Inspector
Janitor I
:e
Janitor III
Lead Parking Attendant
Maintenance Worker I
Maintenance Worker I - Janitor
Maintenance Worker II - Buildings
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Management Assistant
Office Assistant I
Office Assistant II
Parking Enforcement Officer
Parking Meter Repair Worker
Parks Maintenance Technician
Planning Technician
Plans Examiner
Police Records Clerk I
Police Records Clerk II
Public Works Inspector
Radio Systems Technician
Ranger Service Coordinator
Recreation Coordinator I
Recreation Coordinator II
Signal Maintenance Electrician
Supervising Administrative Assistant
Telemetry & Instrument Technician
Traffic Engineer
Transportation Assistant
Tree Trimmer I
Tree Trimmer II
Utilities Conservation Technician
• Utility Worker II
Utility Worker III
Water Reclamation Chief Operator
Water Reclamation Lab Analyst I
Water Reclamation Lab Analyst II
• Water Reclamation Facility Operator Trainee
• Water Reclamation Facility Operator I
• Water Reclamation Facility Operator II
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Water Reclamation Facility Operator III
Water Reclamation Maintenance Technician I
Water Reclamation Maintenance Technician II
Water Service Worker II
Water Service Worker III
• Water Supply Operator II
Water Supply Operator III
Water Treatment Plant Chief Operator
Water Treatment Plant Maintenance Technician
• Water Treatment Plant Operator Trainee
• Water Treatment Plant Operator I
• Water Treatment Plant Operator II
Water Treatment Plant Operator III
Water Treatment Plant Operator III - Supervising
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ATTACHMENT 1
SUPPLEMENTAL MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY
EMPLOYEES' ASSOCIATION
INTRODUCTION
This supplement is the Memorandum of Agreement entered into between the
City of San Luis Obispo and The San Luis Obispo City Employees' Association
commencing January 1, 1999 and any successor memoranda during the term of
this Supplemental Agreement.
SECTION 1: PURPOSE
The purpose of this supplemental Memorandum of Agreement is to implement, at
the election of the Association, the 2% at 55 retirement program as set forth in
Article 15.
SECTION 2: TERM
This supplemental Memorandum of Agreement shall be for eight (8) years
commencing with implementation of the 2% at 55 retirement program.
SECTION 3: RETIREMENT IMPLEMENTATION
Upon meeting of the criteria set forth within Article 15 of the Memorandum of
Agreement between the City and Association referenced above, the City shall
implement the 2% at 55 retirement program and the employee shall pay for the
2% at 55 retirement program as follows:
"Employees will pay the entire cost of the 2% at 55 retirement
program. This cost shall be paid by the City reducing its payment
at the employees retirement contribution (EPMC) by a percent
exactly equal to the cost of the 2% at 55 retirement program.
The cost of the program shall be defined as the incremental cost
of the 2% at 55 retirement program. Incremental cost will be
that percentage identified by PERS when supplying the actuarial
quotation for 2% at 55 implementation. Concurrent to the
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employees assuming responsibility for a portion of payment of the
employee retirement share, the City shall implement an IRS
414h(2) provision allowing for the employee to make this
contribution on a pretax basis."
SECTION 4: INTENT
The intent of this supplemental Memorandum of Agreement is to ensure that the
parties' intent be memorialized for an extended period of time. The City's
willingness to implement the 2°% at 55 retirement program has been conditioned
upon the employees' stated willingness to pay for it. While this supplemental
agreement runs for eight (8) years, the intent of the parties continues past its
expiration.
SECTION 5: MEMORANDA OF AGREEMENT
Except as modified by this supplemental Memoranda of Agreement the
Memoranda of Agreement between the City and Association commencing July 1,
1999 and all successor Memoranda will remain unchanged.
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