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HomeMy WebLinkAbout9150-9173C C 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 ATT S Lee Price,,City Clerk APPROVED AS TO FORM: 1 I�F� ��� �^" o- o 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 T \ l♦ A\• \AA1 !l • \ ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: l 0. O ,p 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 C 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: <�Z& J fr . J gen n, y Attorney 0 ��' � � O �N �� G� o 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: 6 Lee rice, (Ay Clerk APPROVED AS TO FORM: A Jorgensen I✓ I � �u��� Le;�n'1 �- �� �-�' G • 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: IMENUMANN �61 &kAll ��fl � � � O `�_ . e -f '`� t � ,,�, v Y.�'l L 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: _( �, �� 1��. � � %� 1, . U 0 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 AT ST- Lee Price, City Clerk APPROVED AS TO FORM: 0 0 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: 'WI � I Mk- ��� � C' �� 1 �� ��� � J � � \ �, � Gf�` t���'� ��� � � U' 0 0 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 j.; • sr- It No. 9165 (2001 Series) 111 VIII III X111 D CII� Mid - Higuera District Proposed General Plan Designations Open Space ® Park ❑ General Retail ❑ Services and Manufacturing ® Tourist Commercial ® High Density Residential ,. �r J� 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 sA W : cn :3 gn a o a CL a o 7.: O :« =7 m O = o v 0) is v 9.609 49 '0 49 cn " 3 Ln o <• O -4 a 0 o-4m 0 0 0 0 0 m O m m m o m v v s m m v v n v aa�Q to < <• 0 < c c c 'a a cc co cc v � m CD CD CD ^3` ^3` ^3` W W W N CA y 0 0 0 1 1 1 Tr EF Fr c y N O 0 n l< ID R�ution No. 9164, Exhibit A Page 1 of 1 w -0 o 0 9+ C1 0 0 CL �O CD C O C/) Z_ p3 Z c v <W J W N� O r� CO co V 0-0 OCn? ic W N OZ O c q _ 0. O O �n v � ✓r G) N O N Z o � 0 '0 X CD 0 0 0 a m 3 D (A c Cn r m = N N C. 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O O �n v � ✓r G) N O N Z o � 0 '0 X 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 �� � ���� � , �� O �, �� 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: ��J �P� 5� ��/ z � ���-�- �,� �; Y ,�v �,n� o " -�� ( i 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 , Lo ��aL -PA�) 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: cz a c X a) W W- O Z ¢ C �s x u) W N LY 0. d a) C1 ec C R t � 5 � t9 v R � C � m V •0 �a N O O O O M O 0 0 N N O M N N V O O O NO O "Ne-CO 0 NN N tB 1 c o Ma = 3 a)'> p o O m O o" r c O m O E N lU0 U E N T rn F° 0-T Ew E O rn ai u � 2-0 ur c a a) O " CD m (D c :2 :3 rn °) ° o •o o uj:G ri E rnm � C E O d) a) y m � — o" O T T• _ O 0) 0 ... 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L 5- 3°a`�ic 0) ' E :. C W m y 7 v X o C m IL o O c �= O . " v 0 m = 0 3 m a) U) yX E V) T m - y E E O a) �_ m >, x m c d• r 0 ate) c C C a) c 0 •- N • p C 3" c W p E °) m O o c am 0 U) o 0 C w a O 0 3 E a�i O V DLO ca m a) E 1 N y O. L_ O W O 3 mT� Erman C a) p 5 CL m o .0 Q) 2 LL (A L.. O. O) u) 3 Co •o cO:) c E C. a -0 C m 0 L d U y jm� 0 0 0 O «O M M o C1C� m U C a) 75 2 7 '0 a m m 0 0 o p o m RE ac i y U) C a.2 N o) m to m m m C O _C V O cc 3 L U U U � F- S W ¢ -30 ¢ cc .-.. , m .0 O �1 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 ��� �� � 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. G� U' 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 j h i i I . i 411 ! I'I Q � ICI i i � III I � I Ij I � 3 � Lib 7 1, �i �uU � IrK N 0 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 � �. R 9155 EXHIBIT "A" Resolution No. 9155 * 0>>>x +�cn 't D>>x )stn 0>>>m )�DJODDD=T -i '9 C- ? 3 m �; m O CD S 3 y. U) m 0 7c - 3. to N m 0 a 5 y. N m p m O m m 7 m m m m 'm 7 m m m m m m, m? m m m m 7 m m CD m m m m 7 m T C<-) 7 W m O' 0 7 m m y. 7 m T C T =' 7 7 7 D° v CD m 7 D - m m 2. 7 D d �, 7 D, �. CD 3 3 3 3 CD m 3' q °� o m a m < m a m 1 c m -0e <. n. m T 7 ., m 'y CD 0 y.y m O m 7 m q 7 m 7 m y 7 7 0) cn 7 7 m 7 .7i :3 C 'a W cc CD 0 m O O m � m O m 7 m' 3 c c ? 0 0 0 A N 0 O O O O D 0 0 0 0— � 4. O O O O O W 0 � m 3 CD p - i CL m 7 m CD a CD CL c M 0 - 3 CD ON000cn 000)00)0 CD 0000N�I 0) 000000 CD m CD 0 Of0000 OOOfO W 0 c m 000000 00000)0 00004(n 000000 ,< 3 = 0 0 0 a���aa 0 0 0 0 0 0 aaaaaa O O O O W O 000000 CD p) a�a�a�a°a�a° aa°a°aa°a cc CD m s m 1 0 —+rQ O C) t,) O �cn m Qm F OOCON -.1 0 0 0 0 0 OODDN ? -.1 0 0 0 0 0 Oo V 0 0 0 0 0 OOCoN4� -.1 00 0 0 0 x0 i CD Q o o 0 o a o 0 aaaaaa 0 0 0 aa°a�a°aa 0 0 0 a°aaa�a� �a��o p m �m 0 p 0 CD m C) K) 0 0 W 4 Cn 0 -` N -:. OD N 0 K) C m. Q 0cncoN -.100000 OD N-.1 —` �J0a)040 OO DON(D:0. 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N 5 3 7 N 7 � N 3 7 N y CD + m 0 0 N 0ONN40)co 00cn� Ln 0 P. cn OOOOOA� 0 O N N A V OOW W -. 00 OD0001A � 4 0 N OOOON4� 400000 a°a�R * ** w 0 J J OV ON OD -;N. iD O) ZR *ZR ZR *OR * m m m Cn O o 0 0— (D 00 -0-+0) O 0 O 0 � �4 0 0 -+ 0 -+ 0) W 00 4 V CO 0 0 0 4 0 0 O O A 0 4 N *ZR* * O Cn 00 CDN4� X400000, *o a o ** O O N N W O V 040000 * *aa°aa W Q) 0000 ---+ 00000— 0000 -- O O O O — - N 0— — — W W 0 0) 0) 0) W -I 00000.WODN 0 t) cn 00 "OD NA*— 400000 N 0 OD 0O :4OG.) 4(o — CD N CD ao �**ZR J d d d 4 N N 0000001 000000 0000 .0 0 � P. 0 � N OOCDNA� 400000 3R***0 * N O N O 400000 fb m m m 0000—N 00000 -+ O O — O — N 0 O o 0 0 W 0 0 0 0-!� N 0000-0) 00000— 0000—(A) 0000-0 00000- I • - • -z -1 00000— 1 0 m o' 3 m 3 n C O CD ._. a< » .1 M 0 - 3 3 c o CD O 7 7 m CL U2 y N CL - 7 J N w O a o c J (A 0 S1 w O CD m- 0 N C) C CD N " " OCD W 3/�.� coo YJ 0 O 0 c 0 y 4 c) CD N O m 3 O on IDO X (b Q O CD m T r m < D CD o °' °». a '" ' ^ m a°CD o 0. C L. C w 3 N C (] 1 CD 0 W n N O Z 5r J o D m Z � D m � N O CD ro CD = m N C CD .�'. CD N p W Z CD n w m m m CD m CD y y N CL - 7 J N w O a o c J (A 0 S1 w O CD m- 0 N C) C CD N " " OCD W 3/�.� coo YJ 0 O 0 c 0 y 4 c) CD N O m N ��� ,J 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. • (l ® O gyp,, v C 1� 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: 1/ g. . U i�✓"�'..,��. ��' �� n .� ✓'Y'� N���C.� 0 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 ..HNNHM. H••., 2 - - -_ - -- .._. —A —Y may, Amtrak Reserved Long -Tenn (24 Spaces) All Other Parking: Day Parking 104Hr. (99 Spaces) Except By Amtrak Pennif Bus Parkina (6 Spaces) �,� w��`1J�'�� �i f I %'��;v C� o 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 �J J: 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: - r� e�,`City Attorney R 9150 ij�J,Jlu '� �� �� � ✓� �. l .v �b 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 C,, 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. 1 O 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 O 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. L 1 (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 � n 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 �011 0 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 I 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 C 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 n 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. 13 E. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 14 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 We �J consecutive work days shall receive additional pay of 5% commencing with the 11th day. 17 C � 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 0 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. iVe ARTICLE 13 PAYDAY r; i 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. 20 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. 21 C 3 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 22 f � � (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 23 n 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). 24 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. 25 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 27 14 0 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. W 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). 30 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. 31 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. 32 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. 33 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 I 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. 35 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. 36 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. 37 L_ 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] n ARTICLE 21 .BEREAVEMENT LEAVE n 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. 40 C, 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. 41 C • 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." 43 O • 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. 45 L 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. 46 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. 47 c D 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 O 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. 49 C' ARTICLE 28 TRANSFER A. TRANSFER REQUEST O 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. 50 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. 52 I � !�l I 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. 53 C .0 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 54 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 55 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 56 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. 57 0 O 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. 58 U 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. 59 n ARTICLE 31 CLASS "A & B" PHYSICALS C 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. .9 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. 61 O J 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. 62 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. Cam? 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 64 C 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. .. ARTICLE 36 REPRESENTATIVE ROLE �J I 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. 1 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. .• 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. 70 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. 71 ARTICLE. 40 REOPENER O 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. 72 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. 73 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. 74 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. 75 n � 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. 76 O 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. WA C� C 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). M 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 W C APPENDIX A CLASSIFICATIONS O 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 a n C, 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 82 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 83 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. 84 U 1 1