HomeMy WebLinkAbout9550-9574RESOLUTION NO. 9574 (2004 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
NOVEMBER 2, 2004 FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE CHARTER
WHEREAS, under the provisions of the Charter, a General Municipal Election shall be
held on Tuesday, November 2, 2004, for the election of Municipal Officers;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election
shall be held Tuesday, November 2, 2004, for the purpose of electing a Mayor for the full term of
two (2) years and two Council Members for the full term of four (4) years each.
SECTION 2. Pursuant to Election Code Section 13307 and Municipal Code Section
2.40.080(A)(7), each candidate may submit with the nomination papers a Statement of
Qualifications of the candidate of no more than 400 words; which statement will be printed and
mailed out with the sample ballot at no cost to the candidate.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 4. That the polls shall be open at seven o'clock a.m. of the day of the election
and shall remain open continuously from that time until eight o'clock p.m. of the same day when
the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State
of California.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
resolution.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and
on the following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 15`s day of June, 2004.
R 9574
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Resolution No. 9574 (2004 Scries)
Page 2
ATTEST:
Diane Reynol s, M.C.
Deputy`City, erk
APPROVED AS TO FORM:
Jon han . Lowell
City Attorney
0
Mayor David F. Romero
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RESOLUTION NO. 9573 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO FORTY -ONE AGENCIES
IN THE AMOUNT OF $1089025 FOR FISCAL YEAR 2004 -05 THROUGH THE
PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed
Grants -in -Aid funding to community organizations which provide cultural and tourism
promoting recreational services to residents and visitors; and
WHEREAS, funding for the Grants -in -Aid program has been included in the 2003 -05
Financial Plan for the City of San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A" shall
be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Exhibit "A" and the City Administrative Officer is authorized to execute such contracts.
Upon motion of Council.Member Mulholland and, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15`s day of June, 2004.
w
ATTEST:
Diane Reynol, s; .M.C.
Deputy City
R 9573
D
Resolution No. 9573 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
IJ
n Exhibit A
oromotional Coordinating Committee-
2004 - 2005 Grants in Aid Summary
-Organization _ . _ 2003- 40rant _ 200405 Request I
2004-05 Recommend
11
Cal Poly State University Foundation (Arts for Youth) $1,500.00 $4,500.00
( $2;500.00
21
Cal Poly State University Foundation (Open House) $2,000.00 I $1,900.00
$1,900.00
31Central
Coast Basketball Club $0.00 $3,000.00
$2,000.00
41Central
Coast Children's Choir $1,500.00 $2,500.00
$2;500.00
5
_
Central Coast Shakespeare Festival $3,000.007 $6,500.00
$3,000.00 _
6
Children's Creative Project $4,200.00 $10,000.00
$5,000.00
71Civic
Ballet of San Luis Obispo $3,000.00 $3,000.00
$2,400.00
8
Cuesta College Art Gallery $2,000.00 $2,050.00
$1,850.00
9
Cuesta College Writers Conference I $2,500.00 $3,000.00
$3,000.00
10JECOSLO
$0.00 $4,000.00
$0.00
111
Foundation for San Luis Obispo County Public Libraries $0.00 I $5,000.00
$3,250.00
121
Friends of Prado Day Center $0.00 ! $3,000.00
$3,000.00
131
Friends of San Luis Obispo Botanical Garden $4,000.00 $6,000.00
1 $4,000.00
141
Gay and Lesbian Alliance of the Central Coast _ _ $0.00 $5,000.00
$3,000.00
151Gold
Coast Barbershop Chorus $1,500.00 $3,000.00
$500.00
161
Mardi Gras of San Luis Obispo $4,500.00 $5,000.00
$0.00
171Mission
Prep Christmas Classic $0.00 $5,000.00
$2,500.00
181
Mission San Luis Obispo $0.00 1 $3,850.00
$0.00
191
Music and the Arts for Youth (MAY) $2,000.00 $3,500.00
$2,900.00
201Pacific
Horizon Chorus $1,100.00 $2,020.00
$1,500.00
211
Pacific Repertory Opera $3,500.00 $5,000.00
$5,000.00
221
Peninsula Players, Inc. $2,000.00 $3,000.00
$2,000.00
231San
Luis Chamber Orchestra $0.00 $2,000.00
$2,000.00
241
San Luis Obispo Art Center $3,000.00 $3,000.00
$3,000.00
251San
Luis Obispo Blues Society _ $1,950.00 $2,925.00
$2,925.00
261San
Luis Obispo City to the Sea Half- Marathon $2,000.00 $4,000.00
$2,500.00
27
San Luis Obispo Community Concert Association $1,950.00 $3,000.00
$1,300.00
28
San Luis Obispo County Arts Council $2,000.00 $2,500.00
$2,500.00
29
San Luis Obispo County Band $1,800.00 1 $3,000.00
$2,200.00
30
San Luis Obispo County Bicycle Coalition $1,000.00 $5,000.00
$2,000.00
31
San Luis Obispo County Child Abuse Prevention Council $1,000.00 $2,000.00
$1,000.00
32
San Luis Obispo County Historical Society $2,055.00 $1,934.00
$0.00
33
San Luis Obispo County Youth Symphony $2,000.00 $3,000.00
$3,000.00
34
San Luis Obispo Downtown Association $6,000.00 $5,000.00
$1,100.00
351
San Luis Obispo Little Theater $3,000.00 $3,000.00
$2,250.00
36
San Luis Obispo Mozart Festival $4,500.00 $5,000.00
$5,000.00
371
San Luis Obispo Poetry Festival $2,000.00 ! $2,600.00
$2,600.00
381
San Luis Obispo Soccer Club _ $1,000.00 $1,250.00
$1,000.00
39
San Luis Obispo Swim Club $1,100.00 $2,500.00
$800.00
40
San Luis Obispo Symphony $4,000.00 $6,500.00
$5,000.00
41
San Luis Obispo Vintners & Growers Association $5,000.00 $7,700.00
$5,000.00
421SLO
International Film Festival $0.00 $6,258.00
$5,000.00
431The
Monday Club of San Luis Obispo _ ¢ $500.00 $1,050.00
$1,050.00
441Transitions
- Mental Health Association $1,450.00 $4,000.00
$4,000.00
45
Women's Community Center of San Luis Obispo Co. $500.00 $1,000.00
$1,000.00
46Momen's
Shelter Program of San Luis Obispo County $0.00 $1,600.00
$0.00
;Total j $169,637.00
$108,025.00
ITotal Available ;
$113,745.00
Reserve ¢
$5,720.00
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RESOLUTION NO. 9572 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL OF A
TREE REMOVAL REQUEST AT 1670 PHILLIPS LANE
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
April 26, 2004 and approved the applicant's request to remove one (1) Liquidamber tree located in
the back yard at 1670 Phillips Lane, San Luis Obispo, California; and
WHEREAS, on June 15, 2004, the City Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the approval to remove one (1) Liquidamber tree,
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Fines: That this Council, after consideration of the applicant's appeal,
and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon,
makes the following finding:
a. The removal of one (1) Liquidamber tree and planting one (1) replacement tree will
promote good arboricultural practice.
b. The tree is causing undue hardship to the property owner.
c. Removing the tree will not harm the character of the surrounding neighborhood.
SECTION 2. The appeal of the Tree Committee's decision to approve the tree removal
request at 1670 Phillips Lane is hereby denied, and the tree removal request is approved.
Upon motion of Council Member Ewan seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
R 9572
Resolution No. 9572 (2004 Series)
Page 2
The foregoing resolution was adopted this 15'' day of June 2004.
Mayor David F. Romero
ATTEST:
Diane Reynolds, .M.C.
Deputy City
APPROVED AS TO FORM:
e
Jon tha ,u.KLowell
City Attorney
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10
RESOLUTION NO. 9571 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A GENERAL PLAN
AMENDMENT AND REZONE FOR PROPERTY LOCATED
AT 1231 LAUREL LANE (GP/R/ER 121 -03)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 28, 2004, and recommended approval of Application GP/R/ER 121 -03, a
request to amend the City's Land Use Element Map and Zoning Map designations from
Neighborhood Commercial (C -N) to High Density Residential (R-4); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 1,
2004, for the purpose of considering.Application GP/R/ER 121 -03; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing..
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Findin s. Based upon all the evidence, the Council makes the following
findings:
The proposed General Plan Amendment and Rezoning is consistent with General Plan
Land Use Element Policy 3.2.1 because there is an existing commercial center
approximately 150 -feet from the project site and additional neighborhood commercial
centers (Broad/Orcutt intersection) are located less than 1 -mile from the site.
2. The property is not conducive to commercial development on its own due to the site's
small size (16,545 square feet) and separation from the existing commercial center by
elevation changes and a residential use.
3. A Mitigated Negative Declaration was prepared by the Community Development
Department on April 21, 2004. The City Council finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project.
R 9571
Resolution No. 9571 (2004 Series)
Page 2
Section 2. Action. The Council does hereby approve the proposed General Plan
amendment and Rezone in concept, and directs staff to return the project to Council on July 6,
2004, with a resolution approving a Mitigated Negative Declaration of environmental impact and
amendment to the General Plan Land Use Element Map, and an ordinance changing the zoning
of the subject property.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and
on the following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 151 day of June, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynold , C. .C.
Deputy City Cle
APPROVED AS TO FORM:
1
P. Lowell
City Attorney
C 0
RESOLUTION NO. 9570 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL, THEREBY ALLOWING PUBLIC ART AT THE FRONT
OF THE NISSAN BUILDING AT 12150 LOS OSOS VALLEY ROAD
AP- 148 -01
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 4,
2004 pursuant to the appeal received on March 23, 2004; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony
of the appellants, and evaluation and recommendations by staff, the Art Jury and the
Architectural Review Commission; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. The proposed public art meets the criteria as established by the City's Art in Public
Places Policy, and is compatible with the immediate site and neighborhood in terms of
architectural scale, materials, land use and the site's historical and environmental
context.
2. The sculpture does not conflict with the public art policy in incorporating automotive
logos, since the logos are done in an artistic and historical fashion and are not
representative of company advertising.
3. The public art application complies with the standards set forth in the Community
Design Guidelines.
SECTION 2. Action.
The Council hereby upholds the appeal thereby allowing the public art to be placed at the front of
the Nissan Building as shown on the applicant's site plan, subject to the following conditions of
approval:
1. Install lighting designed to illuminate the sculpture from lights installed on the ground
below the sculpture.
2. Modify the panel with the automotive logos and replace logos with a non - product
specific design.
R 9570
Resolution No. 9570 (2004 series)
Page 2
3. The design and placement of the sculpture shall be consistent with the approved site
plan and sculpture concept as attached within the exhibits.
4. The property owner is responsible for providing all maintenance necessary to preserve
the public art in good condition, and to protect it against physical defacement,
mutilation, or alteration. Maintenance shall also include securing and maintaining fire
and extended coverage insurance and vandalism coverage, as appropriate. Prior to
placing the art, the applicant and owner of the site must execute and record a covenant
requiring public art maintenance.
5.. Public art installed or integrated into a construction project may not be removed or
altered without the approval of the City Council. If the art is to be removed, an in -lieu
fee equal to the original art requirement must be provided to the City for deposit into
the City's Art In -Lieu account, or replace the artwork with one of comparable value
approved by the City Council.
Upon motion of Council Member Mulholland, seconded by Council Member Settle, and
on the following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 1" day of June, 2004.
Mayor David F. Romero
ATTEST:
Diane Reyno ds, M.C.
Deputy City C erk
APPROVED AS TO FORM:
Jon th . Lowell
City Attorney
O O
RESOLUTION NO. 9569 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING SEWER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees
and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable
and adequate to fully cover the cost of providing services; and
WHEREAS, a comprehensive analysis of sewer fund operating, capital and debt service
needs has been performed for fiscal years 2003 -2004 through 2007 -2008; and
WHEREAS, this comprehensive analysis has been revised based on updated revenue and
expenditure information; and
WHEREAS, the Council has reviewed the sewer service rates necessary to meet system
operating, capital and debt service requirements.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 9463 (2003 Series) is hereby rescinded, effective July 1,
2004.
SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates
effective July 1, 2004.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this V day of June, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynold�s�C M.C.
Deputy City C
R 9569
Resolution 9569 (2004 Series 0
Page 2
APPROVED AS TO FORM:
Jona an . Lowell
City AtComey
n n
Resolution 9569 (2004 Series)
Page 3
EXHIBIT A
MONTHLY SEWER SERVICE RATES
Single family dwelling,
including single meter $ 28.36
condominiums and townhouses
Multi - family dwelling in any
duplex, apartment house or 22.33
rooming house, per each
dwelling unit
Mobile home or trailer park, per 16.86
each dwelling unit
Public, private, or parochial
school, average daily attendance 3.20
at the school
All other accounts
Minimum charge 28.36
Additional charge for every 3.42
100 cubic feet in excess of
500 cubic of metered water
consumption
Each vehicle discharging sewer
into City system
Minimum charge 93.43
Additional charge per 100 5.62
gallons in excess of 1500
gallons discharged
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RESOLUTION NO. 9568 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING WATER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees
and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable
and adequate to fully cover the cost of providing services; and
WHEREAS, a comprehensive analysis of Water Fund operating, capital and debt service
needs has been performed for fiscal years 2004 -2005 through 2010 -2011; and
WHEREAS, this comprehensive analysis has been revised based on updated revenue and
expenditure information; and
WHEREAS, the Council has reviewed the Water service rates necessary to meet system
operating, capital and debt service requirements.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Resolution No. 8934 (1999 Series) is hereby rescinded, effective July 1,
11.
SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates
effective July 1, 2004.
SECTION 3. The water system access charges are increased from $20.45 per month to
$22.09 per month to reflect the increase in water rates.
Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
Ayes: Council Members Ewan, and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: Council Member Mulholland
Absent: None
The foregoing resolution was adopted this ls` day of June, 2004.
n
Resolution No. 9568 (2004 Series)
Page 2
Mayor Dav-IcTF. Romero
ATTEST:
Diane R.eyno s, .M.C.
Deputy City Cferl
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
Resolution No. 9568 (2004 Series)
Page 3
II:
MONTHLY WATER SERVICE RATES
Rates Effective July 1. 2004
Inside the City Rates
1- 5 CCF $2.71/CCF
5 —10 CCF $3.40 /CCF
Outside the City Rates*
1 - 5 CCF $5.421CCF
5 —10 CCF $6.80 1CCF
* For service to customers outside the City the rates are 2 times the in City rate.
YVI
RESOLUTION NO. 9567 (2004 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING THE FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE
AND RESCINDING RESOLUTION NO. 9454 (2003 Series)
WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an
ongoing basis; and
WHEREAS, those fees are adjusted as required to ensure they remain equitable and
adequate to cover the cost of providing services; and
WHEREAS, a comprehensive analysis of the Golf Course Fund was performed for fiscal
year 2003 -04.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
2004.
SECTION 1. Resolution No. 9454 (2003 Series) is hereby rescinded, effective July 1,
SECTION 2. The following green fees shall be as follows, effective July 1, 2004:
LAGUNA LAKE GOLF COURSE FEES
Senior/Youth/Student Weekdays:
General Weekdays:
Senior/Youth/Student Weekends:
General Weekends:
Senior /Youth/Student 10 -Play Card:
General 10 -Play Card:
Twilight Rate:
Proposed rate
2nd 9 -holes
$6.50
$4.50
$8.50
$4.50
$7.25
$4.50
$9.25
$4:50
$60.00
$70.00
$5.00
SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special
activities and promotions shall be set by the Director of Parks and Recreation and the Golf
Course Supervisor.
R 9567
Resolution No. 9567 (2004 Series)
Page 2
Upon motion of Council Member Mulholland, seconded by Vice Mayor Schwartz, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15` day of June 2004.
Mayor David F. Romero
ATTEST:
�1 0/
Diane Reyn d ), C.M.C.
Deputy City Clerk
APPROVED AS TO FORM:
J an P. Lowell
City Attorney
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RESOLUTION NO. 9566 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2340
WHEREAS, the City Council made certain findings concerning tentative Tract 2340, as
prescribed in Resolution No. 9034 (2000 Series), and
WHEREAS, the City Council made additional findings concerning a one -year time
extension to file a final map, as prescribed in Resolution No. 9446 (2002 Series), and
WHEREAS, the subdivider has submitted bonds in the total amounts of $43,980
(Faithful Performance) and $21,990 (Labor & Materials) to guarantee installation of the required
subdivision improvements shown on the approved plans, and all fees have been received, as
prescribed in the attached subdivision agreement, marked "Exhibit A", and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and
WHEREAS, all other conditions required per said Resolution No. 9066 (2000 Series) have
been met or guaranteed.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2340 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
The Mayor is hereby authorized to execute the attached Subdivision Agreement, for the
benefit of the subdivision.
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 151 day of June, 2004.
R 9566
Resolution No. 9566 (2004 series)
Page 2
ATTEST:
Diane Reynol s, 4M.C.
Deputy City C
APPROVED AS TO FORM:
Jonath well
City Attorney
Mayor avid F. Romero
SUBDIVISION AGREEMENT
TRACT 2340
I
THIS AGREEMENT is dated this day of 2004 by and between
Stephen N. Sicanoff and Ilene P. Sicanoff, husband and wife, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2340, City of San Luis Obispo,
California, as approved by the City Council on the day of , 2004.
The Subdivider desires that said Tract No. 2340 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agrees to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. STREET LIGHTING
6. ELECTRIC, GAS; , ELEPHONE AND CABLE TELEVIS,,.N: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that.the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work; of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the Subdivider shall have an
additional period of time equivalent to such period of delay in which to complete such
Work. Any extension of time hereunder shall not operate to release the surety on the
Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid, or will pay, the necessary fees
as indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Sunreyurs Act, Chapter 15 of the Business ai ,u Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the total amount of forty three thousand
nine hundred eighty dollars ($ 43,980), that is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising from
faulty workmanship or materials or defective construction of said improvements occurring
within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7
and 66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time; the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
Additionally, the Subdivider attaches hereto, as an integiu, part hereof, an
instrument of credit or bond approved by and in favor of the City of San Luis Obispo in the
total amount of twenty one thousand nine hundred ninety dollars ($21,990) as a labor and
materials surety which is fifty percent (50 %) of the above described subdivision
improvements in accordance with State law.
Said Subdivider has paid an inspection fee of five thousand seven hundred and
forty one dollars ($5,741) for City to inspect the installation of said subdivision
improvements, and to verify that they have been completed in accordance with the plans
and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It. is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to:
EXHIBIT 1
TRACT 2340 - SUBDIVISION AGREEMENT
1. Park -in -lieu fees need to be paid,.as listed in the attached EXHIBIT 2.
2. Water and sewer impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, in accordance with City Regulations.
3. Transportation impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, in accordance with City Regulations.
4. The subdivider shall comply with all requirements of ARC conditions 189-00, Ordinance No
1388 (2001 series) and Council Resolution No 9034 (2000) approving the tentative map.
�I
EXHIBIT 2
TRACT 2340 -FEE AND BOND LIST
Amount
Form
Date Received
Bonds and ' Guarantees:
Total Faithful. Performance
$43,980
Bond No.
Labor & Materials (50% of total cost of
$21,990
Bond No.
improvements
Monument Guarantee
Need Bond, CD or Letter of Credit _
Fees:
Map Check Fee
$1,440
Check
04/20/01,
Plan Check Fee
$1,302
Check
04/20/01
Total Inspection Fee
$5,741
N/A
Total Fee
Credit for Early Grading Permit fee Public
Improvement Plan Inspection
$5,741
Check
Park In -Lieu Fee
2 new single family lot x $4,770
$9,540
_
Affordable Housing Requirements
In -lieu Housing Fee
$39,714.60'
N/A
Due with each huilding permit..
(5% of Building Value per City of San
Luis Obispo M. C. 17.91.060)
Water Impact Fee (Estimate 2)
$19,356
Due with each building permit at the
N/A
rate in effect at the time of permit.
Wastewater Impact Fee (Estimate)
$7,767
Due with each building permit in
N/A
accordance_ with City regulations.
Transportation Impact Fee (Estimate)
-
$3,8763
Due with each building permit in
N/A 1,
accordance with C ity regulations.
Estimate of Fee based on valuation at time of building permit application, final amount to be determined prior to issuance of
building permit.
2 All Impact Fees are adjusted annually (typically July 1) based on CPI (July 2001 fee is.shown). Credit given for demolished units.
A credit was given for Transportation Impact Fee for the demolish units.
n ^.
IN WITNESS WHET 1EOF., this agreement has been exec,..zd by:
CITY OF SAN LUIS OBISPO
MAYOR David F. Romero
ATTEST:
APPROVED AS TO FORM:
CI ORNEY Jonathan P. Lowell
SUBDIVIDERS
-24
Stephen N. Scanoff, Co- Own e
D6-4'� S� S
Ilene P. Scanoff, Co -Owner
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RESOLUTION NO. 9565 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE 800 BLOCK OF MURRAY STREET AS A RESIDENTAL
PARKING PERMIT DISTRICT AND ESTABLISHING DAYS AND HOURS OF
OPERATION OF SAID DISTRICT AND TIME OF RENEWAL FOR PARKING
PERMIT
WHEREAS, the Council of the City of San Luis Obispo has received a petition
from the majority of the households on the 800 block of Murray Street; 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 excessive 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 street will improve pedestrian and vehicular
safety and allow residents to gain proper access to their households; 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 determined the parking permit
district will improve the quality of life for the residents of the district.
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 district is hereby established as shown in Exhibit A.
SECTION 2. No other vehicles other than vehicles providing services to the area or having
a residential parking permit clearly displayed between the front windshield and the rear -view mirror
shall park in the area from 8:00 AM to 5:00 PM, Monday through Friday.
SECTION 3. The Public Works Department shall be directed to post the district with signs
clearly indicating these parking restrictions.
SECTION 4. The Parking Services 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 fora year effective September 15"' of each year.
R 9565
Resolution No. 9565 (2004 Series)
Page Two
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 18th day of May, 2004.
David F. Romero, Mayor
ATTEST:
Diane Reyno ds, M.C.
Deputy City , ,
APPROVED AS TO FORM:.
Jona an well
City Attorney
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RESOLUTION NO. 9564 (2004 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A MITIGATED NEGATIVE DECLARATION AND
TENTATIVE TRACT MAP FOR PROPERTY LOCATED ON 1771
JOHNSON AVENUE
TR/ER 177 -01 (Tract 2462)
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 18,
2004, for the purpose of considering Application TR/ER 177 -01, a common interest subdivision
with 9 units; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council reviewed and considered the Mitigated Negative
Declaration of environmental impact and the mitigation monitoring program prepared for the
project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff and the
Planning Commission, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the City Council makes the following
findings:
1. The proposed map is consistent with the General Plan because the subdivision will
provide for Medium High- density residential development on property designated for
such development.
2. As conditioned, the design or improvement of the proposed subdivision is consistent with
the General Plan because each dwelling has access to a satisfactory private open space
area and the development will occur as part of the neighborhood pattern anticipated for
the medium high density residential zone.
3. The site is physically suited for the proposed type of development because it is an under-
developed site that is adjacent to an existing street right -of -way and it is close to the
downtown and associated services.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing residential developed site adjacent to existing
roadways and additional residential dwellings, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
R9564
Resolution No. 9564 (2004 ,3eries)
Page 2
5. The design of the subdivision, or the type of improvements, is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat because the site does not have any creeks or other potentially significant
habitat areas for fish or wildlife.
6. The design of the subdivision, or type of improvements, is not likely to cause serious
public health problems because the type of improvements are residential and
development is a similar scale to existing development already functioning at the site.
Additionally, new construction will be designed to meet existing building and safety
codes.
7. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision because no such easements exist.
8. The Mitigated Negative Declaration for the project adequately identifies and evaluates
the potential impacts associated with this project and where impacts are potentially
significant, mitigation measures are provided to reduce these impacts to less than
significant levels.
Section 2. Environmental Review. The City Council does hereby adopt a Mitigated
Negative Declaration for the project, with the following mitigation measures and monitoring
program.
1. All trees shall be protected and preserved on the site unless otherwise approved for
removal by the City Arborist. Removal of any tree on site shall require a City tree
removal permit and mitigation to consist of on -site replanting of trees of a minimum size
15- gallon nursery stock.
2. New construction on the lots shall be subject to architectural review.
Monitoring Program:
Plans submitted for architectural review shall show all existing trees and significant
vegetation. Trees proposed for removal shall be clearly shown on the plans. A landscape
plan that includes drought tolerant landscape and trees shall be required as part of the
architectural review application. Continued compliance with aesthetic mitigation measures
will be accomplished through final review of the project improvement plans; building and
grading plan check; and occupancy release.
I A detailed soils engineering report shall be submitted as part of the grading and building
permit applications in order to ensure foundation design that is consistent with city
building codes. The soils report shall include at a minimum: data regarding the nature,
distribution and strength of the existing soils, conclusions and recommendations for
grading procedures, and design criteria for corrective measures, when necessary.
Grading and building must be designed and performed in compliance with the soils
engineering report.
Resolution No. 9564 (2004--6eries) O
Page 3
Monitoring Program:
Compliance with this mitigation measure will be accomplished through final review of the
project improvement plans and the required soils report; building and grading plan check;
and occupancy release.
4. Provisions must be made to accept and convey offsite drainage to an adequate point of
disposal to the satisfaction of the Public Works Director and Building Official.
5. All newly graded surfaces shall be protected from soil erosion with City approved
temporary erosion control methods or approved permanent landscaping immediately
following commencement of final site grading work.
6. At least 50% of the driveway and outdoor parking area surfacing shall be constructed
using pervious pavers such as turf block. Pervious paving or asphalt shall be used instead
of solid asphalt or concrete with the intention of reducing offsite drainage and allowing
some percolation of site drainage.
Monitoring Prop-ram:
Plans submitted for architectural review shall provide a grading and drainage plan for the site
and show any necessary easements. Driveway surfacing materials shall be shown on the plan
submitted for architectural review. Continued compliance with this mitigation measure will
be accomplished through final review of the project improvement plans; building and grading
plan check; and occupancy release.
7. Proposed lots 1 and 5 nearest Johnson Avenue shall have walls designed for noise
buffering between the private yard spaces and Johnson Avenue. The walls shall be
designed to be compatible with the project and should help create an attractive pedestrian
residential setting through changes in alignment, detail and texture, places for people to
walk through, and appropriate landscaping. The walls shall be located with a minimum
street yard setback of 20 feet.
8. Residential structures within 20 feet of the property line at Johnson Avenue shall be
designed to meet standards for a noise mitigation package to reduce interior noise by
15dB as provided in the City's noise guidebook.
Monitoring Program:
Plans submitted for architectural review shall provide a wall design for the yard spaces on lots
1 and 5. Continued compliance with these mitigation measures will be accomplished through
final review of the project improvement plans; building and grading plan check; and
occupancy release.
9. Left turns into and out of the site shall be prohibited through the use of a driveway
directional device and appropriate signage.
10. An access driveway at the rear of the site shall be incorporated into the project unless
property acquisition for the driveway and access easement cannot be obtained. The
access driveway shall allow two -way access from the project site to the French Hospital
site and Lizzie Street or to Breck Street.
I i I
Resolution No. 9564 (2004 series)
Page 4
Monitoring Program:
Compliance with these mitigation measures will be accomplished through continued review of
the traffic impacts following occupancy of the new properties. Continued review of the traffic
at the property may warrant a traffic study to evaluate the necessity of site modifications.
Section 3. Action. The City Council does hereby approve the common interest
subdivision (ER/TR 177 -01), subject to the following conditions and code requirements:
The development plan dated 10 -22 -03 received by the Community Development
Department on October 27, 2003 and approved by the Architectural Review Commission
on November 3, 2003 shall be considered the approved development plan in conjunction
with this approved subdivision. All amenities as shown on the development plan shall be
provided on the final construction plans.
2. The existing tenants on site shall be given the first right of refusal to purchase (or lease
from project developer) one of the nine new dwelling units.
3. Prior to map recordation CC &R's shall be reviewed and approved by the Community
Development Department. The CC &R's shall disclose the parking space allocation to
individual units, driveway maintenance, open space and landscape maintenance, sewer
maintenance and all other aspects of the project that pertain to the common use of all
applicable homeowners. A homeowners association shall be established in order to
maintain the common facilities.
4. All enclosed garages shall require remotely operated roll -up style automatic garage doors.
5. A common address sign shall be placed at the driveway intersection with Johnson
Avenue. Address sign shall list all unit addresses and the design of the sign shall be
subject to review and approval by the Community Development Department.
6. Based on anticipated traffic conflicts at the driveway entrance to this project, the
subdivider shall execute an agreement and post a guarantee with the City to install any
necessary onsite and/or offsite improvements or signs to mitigate any apparent traffic
safety problems that may occur within two (2) years after occupancy of the proposed
residences, to the satisfaction of the Public Works Director. The development site plan
shall incorporate adequate measures to preclude left turns into and/or out of the site to
accommodate this condition.
7. The site plan shall incorporate a future driveway connection to the French Hospital site
that would provide direct access to the Uzzie St. traffic signal. This connection would be
subject to obtaining rights from the French Hospital owner. The plans should provide a
preliminary driveway connection that identifies potential grading and slope (show
contours).
8. The subdivider shall dedicate a 2m wide public utility easement across the frontage of
lots one and five. Said easement shall be adjacent to and contiguous with all public right -
of -way lines bordering each lot.
Resolution No. 9564 (200aeries)
Page 5
9. The subdivider shall dedicate a 3m wide street tree easement across the frontage of lots
one and five. Said easement shall be adjacent to and contiguous with all public right -of-
way lines bordering each lot.
10. The proposed on -site sewer main and drainage facilities will be privately owned and
maintained by the Homeowner's Association.
11. The subdivider shall provide individual electrical, cable, television, natural gas, water
service, and sewer connections to the approval of the affected utility companies and the
City Engineer.
12. Traffic impact fees shall be paid prior to the issuance of a building permit.
13. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map,
consistent with SLO Municipal Code Section 16.40.080.
14. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
15. The demolition of the existing building triggers the Utilities Department Sewer Lateral
Abandonment Policy. This policy states that the existing sewer lateral(s) must be
abandoned at the main prior to demolition unless the lateral is intended for reuse and it
passes a video inspection. If the sewer lateral is.intended for reuse, the owner shall submit a
VHS videotape documenting the internal condition of the pipe to the Utilities Department
for approval.
Mapping Requirements
16. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations.
17. The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import
into the Geographic Information System (GIS) database. Submit this data either via email,
CD or a 3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version
2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any
questions regarding format, please call prior to submitting electronic data.
18. 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.
1 � J
Resolution No. 9564 (2004 series)
Page 6
19. Prior to acceptance by the City of public improvements, the developer's engineer shall
submit a digital version of all public improvement plans & record drawings, compatible
with AutoCAD (Digital Interchange Format, DXF) for Geographic Information System
(GIS) purposes, to the satisfaction of the Public Works Director.
Code Requirements
20. A water allocation is required, due to the additional demand on the City's water supplies.
The City currently has water to allocate, and does so on a "first -come, first- served" basis.
Water is allocated at the time building permits are issued and the Water Impact Fee is
paid. Water and Wastewater Impact Fees shall be paid at the time building permits are
issued. Both the Water and Wastewater Impact Fees are charged on a "per residential
unit" basis.
21. Each parcel is to have its own separate water service laterals. Existing water and sewer
services shall be properly relocated and resized, if necessary, to ensure that each parcel is
appropriately served in accordance with City standards. A common sewer can be used if
properly designed and included in the homeowners' maintenance agreement (CC&Rs) for
common facilities.
22. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in the preparation of an appropriate recycling plan.
23. Tree removals have not yet been approved. Tree issues yet to be evaluated. Street trees
are required, per city ordinance, to the satisfaction of the City Arborist.
24. Easements shall be required for proposed on and offsite drainage and on and off -site
sewer lines to serve lots that are below the grade of Johnson Avenue. At or above grade
sewer lines shall not be allowed. A lift station shall not be allowed as an alternative to
obtaining a sewer easement.
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 18`' day of May, 2004.
Resolution No. 9564 (2004 aeries)
Page 7
ATTEST:
Diane Reynolds, M.C.
Deputy City
APPROVED AS TO FORM:
J Lowell
City Attorney
O
Mayor David F. Romero
n
RESOLUTION NO. 9563 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO AUTHORIZE AND APPROVE SELF - INSURANCE OF WORKERS' COMPENSATION
FOR ITS EMPLOYEES THROUGH THE SELF - INSURANCE AND LOSS POOLING
PROGRAM OF CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
WHEREAS, pursuant to the provisions of Section 6500 et seq. and also Section 990.4 and
990.8 of the California Government Code, the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
was created in 1977; and
WHEREAS, the City of San Luis Obispo has become a member of the CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY, and also of its General Liability Program; and
WHEREAS, CALIFORNIA JOINT POWERS INSURANCE AUTHORITY has established and
administered a successful Workers' Compensation Self - insurance and Loss Pooling Program for its
members since January 1, 1980; and
WHEREAS, there are significant financial and administrative advantages for the'City of San
Luis Obispo to provide workers' compensation coverage for its employees through the said Self -
insurance and Loss Pooling Program Of CALIFORNIA JOINT POWERS INSURANCE AUTHORITY.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Workers' compensation coverage for employees of the City of San Luis
Obispo through the Workers' Compensation Self- insurance and Loss Pooling Program of
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY is hereby authorized and directed effective July 1,
2004.
SECTION 2. That an Initial Annual Workers' Compensation Primary Deposit of
$1,798,230 plus an Excess Pool Deposit of $10,349, is approved and the appropriate officers of the
City are authorized to pay the same to the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY.
SECTION 3. That a Loss Retention level of $50,000 per occurrence is approved for all
employees.
SECTION 4. That the Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this resolution, and thereupon the same shall take effect and be in force.
SECTION 5. That the City Clerk is directed to forward a certified copy of this Resolution
to CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 8081 Moody Street, La Palma, California
90623.
R 9563
Resolution No. R9563 (2004 Series)
Page 2
0
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 18th day of May, 2004.
David F. Romero, Mayor
ATTEST:
Diane Reynol , C. C.
Deputy City CI
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
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RESOLUTION NO. 9562 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING PARTICIPATION OF DEPARTMENT HEADS, MANAGEMENT
EMPLOYEES, AND CONFIDENTIAL EMPLOYEES IN THE RETIREE MEDICAL TRUST
FUND ESTABLISHED BY THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION
WHEREAS, the San Luis Obispo City Employees' Association ( SLOCEA) is establishing a
Retiree Medical Benefit Trust (Trust) to provide for health insurance and other medical expense
reimbursement to unit employees after retirement, effective July 1, 2004; and
WHEREAS, department heads, management employees, and confidential employees have
expressed interest in participating in the Trust as a group, and SLOCEA is willing to include them;
and
WHEREAS, the Trust will be administered separately by a Board of Trustees composed of
participants in the Trust, and the City's sole responsibility is to forward the designated amounts to
the Trust; and,
WHEREAS, the cost and expenses of the Trust will be funded by the participating
employee groups.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Department heads, management employees and confidential employees are
authorized to participate in the Retiree Medical Benefit Trust. Appointed officials and department
heads with a safety retirement classification (i.e., Police Chief and Fire Chief) are excluded from
participation in the Trust.
SECTION 2. The Trust will be funded by a $25 per person per pay period payroll deduction
effective the first pay period in July, 2004. Any future contribution increases to the Trust negotiated
by SLOCEA will be binding to all participants.
SECTION 3. Department heads, management employees and confidential employees will
also have a payroll deduction of $3.25 per person per pay period as associate members of SLOCEA
for the sole purpose of participation in the Trust.
SECTION 4. The Director of Finance and Information Technology is authorized to make
the payroll deductions and forward same to the Trust and SLOCEA.
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
R 9561
Resolution No. 9562 (2004 Series)
Page 2
The foregoing resolution was adopted this 18`b day of May, 2004.
David F. Romero, Mayor
ATTEST:
GDZ2:�� �4�
Diane Reynold, CM.C.
Deputy City Cl
APPROVED AS TO FORM:
Jo well
City Attorney
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RESOLUTION NO. 9561 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE DIRECTOR OF FINANCE & INFORMATION TECHNOLOGY TO
SIGN THE LOCAL GOVERNMENT SHARING PROGRAM AGREEMENT WITH THE
STATE OF CALIFORNIA FRANCHISE TAX BOARD
WHEREAS, the City of San Luis Obispo (City) has identified the need to acquire additional
information for business tax enforcement; and
WHEREAS, the State of California Franchise Tax Board has been given the authority to
enter into information sharing agreements with cities.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the Director of Finance & Information Technology be authorized to annually enter into the Local
Government Sharing Program agreement with the State of California Franchise Tax Board:
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 18th day of May, 2004.
David F. Romero, Mayor
ATTEST:
Diane Reynolds, C. .C.
Deputy City C'
APPROVED AS TO FORM:
Jonabiarrf. Lowell
City Attorney
R 9561
O
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RESOLUTION NO. 9560 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING FEES FOR COMMERCIAL FILM PERMITS
WHEREAS, the City of San Luis Obispo encourages commercial film activities within the
city limits, and
WHEREAS, staffing and resources are often needed to facilitate such activities in the
community to maintain public safety and rights -of -way, and
WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on an
ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted
cost recovery goals; and
WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 on
November 21, 2000 updating the City's updated master fee schedule on a comprehensive basis; and
WHEREAS, the Council considered amendments to the master fee schedule at a public
hearing on May 4, 2004 based on a detailed analysis of costs and funding requirements to meet
adopted cost recovery goals.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City's master fee schedule is hereby amended as follows, effective June 1, 2004
SECTION 1. Establish a film permit application fee of $70.00 for still photography and
small filming activities, $100.00 for large filming ventures and $30.00 for applicants who are
considered non - profit organizations. Destination marketing organizations, defined under Section
501 (c)(6) of the Internal Revenue Code, will be not be charged a fee for a film permit application.
SECTION 2. All film permit applicants will be responsible for 100% of all applicable City
services costs in accordance with the City's Master Fee Schedule and Billable Labor Rate in effect at
the time the permit is approved.
SECTION 3. All fees are to be paid in full at the time the permit is approved by the City.
Additional costs incurred after approval will be billed to the applicant as soon as possible.
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, and Mayor Romero
NOES: None
ABSENT: Vice Mayor Schwartz
The foregoing resolution was adopted this 4th day of May, 2004.
R 9560
C,
Resolution No. 9560 (2004 Series)
Page 2
ATTEST:
Diane Reynold , C. .C.
Deputy City Cler
APPROVED AS TO FORM:
Jon t . Lowell
City Attorney
0
David F. Romero, Mayor
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RESOLUTION NO. 9559 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING REGULATIONS FOR FILMING WITHIN THE CITY LIMITS
WHEREAS, the City of San Luis Obispo wishes to encourage filming activities and be
known as a "film- friendly community; and
WHEREAS, the City desires to have clear guidelines in place to address commercial film
activity in San Luis Obispo and to be consistent in handling film requests.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to approve the Film Regulations, attached hereto as "Exhibit A," to be used in handling requests to
film within the City of San Luis Obispo. The City Administrative Officer is authorized to make
minor administrative changes in such rules and regulations as long as they are intended to carry-out
the purpose of the Film Ordinance and will not have any significant policy impacts.
Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, and Mayor Romero
NOES: None
ABSENT: Vice Mayor Schwartz
The foregoing resolution was adopted this 4th day of May, 2004.
David F. Romero, Mayor
ATTEST:
4� &a
Diane Reynol , C. .C.
Deputy City Clef
APPROVED AS TO FORM:
� y v
Jonatkswl. Lowell
City Attorney
R 9559
IN
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city of san lugs osispo
11111111liq 1111110
May 4, 2004
C� C
FILMING REGULATIONS
1.
Introduction ................................................... ............................... 2
2.
Exceptions .................................................... ...............................
3
3.
Applications ........................,.......................... ...............................
3
4.
Consultation with other City Departments ...... ..............................4
5.
Fees and Service Charges ........................... ...............................
4
6.
Refunds ........................................................ ...............................
5
7.
Indemnification Agreement ............................ ..............................5
8.
Insurance Requirements ................................ ..............................5
9.
Clean- Up ........................................................ ..............................5
10.
Traffic Control ............................................... ...............................
6
11.
Parking Regulations ....................................... ..............................6
12.
Safety Plan ................................................... ...............................
6
13.
Fire Regulations ............................................ ...............................
7
14.
Encroachment Regulations ........................... ...............................
7
15.
Compatibility with State and Federal Law and Constitutions .......
8
16.
Appendix
a. Checklist for Film Permit Process
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pilrn Requtations — 5/4/o4
Introduction
The City of San Luis Obispo welcomes commercial filming activities to the
community. This document highlights the process for any for - profit or charitable
ventures to use public and private facilities within the City limits for television,
motion picture or still photography. It is the City's desire to make the process
for obtaining a film permit as smooth and simple as possible.
San Luis Obispo is an ideal location for filming opportunities. The pleasant
climate, many historical buildings, attractive parks and plazas and its central
location in San Luis Obispo County offers a multitude of ideas as a prospective
filming location. The City works closely with the San Luis Obispo County Visitors
and Convention Bureau and Film Commission in facilitating approvals and
locations within the City. Production companies are encouraged to contact them
first for information about locations, permits and production assistance.
The City has been the location for several motion pictures, including "My Blue
Heaven" and "Murder by Numbers." Locations in and around San Luis Obispo
are often found in commercial ads and publications such as Sunset Magazine,
Ford, and Norm Thompson Outfitters.
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film REGulatlons - 5/4/04
Exceptions
The following activities are not required to have a film permit:
News Media: while in the course of photographing, filming or videotaping
spontaneous, unplanned news events by reporters, photographers, or
cameramen in the employ of a newspaper, news service, television station, or
other similar entity and which are newsworthy and in the public's interest.
Private Video: filming or videotaping motion pictures solely for personal use.
Studio Filming: filming activities (motion or still photography) conducted at a
studio.
Applications
An application for a film permit must be completed five (5) working days prior to
the start of filming. Those filming ventures that require an encroachment
approval requires five (5) working days notice; pyrotechnics, stunts, or other high
risk activities must submit an application ten (10) working days prior to the start
of filming. It is highly recommended that large filming activities submit an
application as far in advance as possible to effectively coordinate efforts between
City staff and the applicant. The City will expedite permit processing in as timely
a manner as possible.
A non - refundable application fee must be paid when the application is filed. The
Special Event Coordinator for the City of San Luis Obispo will handle all film
permit applications in accordance with the Film Ordinance and Filming
Regulations. An applicant is required to obtain the property owner's permission,
consent, and /or lease for use of property not owned or controlled by the City of
San Luis Obispo. The applicant must also obtain permission from all affected
private and public property owners to string cable across sidewalks or from a
portable generator to any service point.
The film application must include a contact person, address and telephone
number, hours and dates of the activity, location(s) of the filming activity, nature
of the filming activity, number of personnel to be used, use of animals,
pyrotechnics, or other unusual or high risk activity, number and types of vehicles
to be used, and use of any public right -of -way. A hold harmless and
indemnification agreement must be signed by an authorized representative of the
film company and submitted with the application.
Upon the request of the applicant, the issuing authority shall have the power,
upon a showing of good cause, to change the date for which the permit has been
issued, provided established limitations are complied with in respect to time and
location.
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film Recjutations — 5/4/04
General liability insurance of no less than $1,000,000 per occurrence is required
of all applicants, when the application is approved by the City. A certificate of
insurance and amendatory endorsement, naming the City of San Luis Obispo as
an additional insured, must be submitted when the application is approved.
Additional insurance requirements will be determined by the City's Risk Manager
when pyrotechnics, stunts or other high risk activities or factors are involved.
City staff reserves the right to stop any film activity that has not complied with the
requirements of the City's film ordinance. Law enforcement personnel may cite
for violations of the film ordinance.
Additional fees and approvals may be required from the City, depending upon the
nature of the filming activity taking place, such as approvals involving
encroachment, noise variance, pyrotechnics, use of City facilities, etc.
Consultation with other City Departments
The Special Events Coordinator will coordinate with other City departments that
are affected by the film permit request. Meetings with key staff members may be
required to address public safety, traffic, fire or other important issues. All
communication with City staff must go through the Special Events Coordinator
unless otherwise directed.
Fees and Service Charges
A film permit application fee must be paid upon submittal of the request. Fees
are set by resolution of the City Council. All commercial filming ventures will be
required to reimburse the City for personnel services at the billable labor rate in
accordance with Council- adopted resolution. Fees for use of a City park or
building will be charged at the commercial rate. Fee schedules are included in
the film application packet.
Should filming create a loss of parking revenue, the applicant will be billed for the
loss of revenue.
Use of City equipment for filming purposes will be charged at a reasonable fee
for wear and tear as determined by the City department that is affected by the
use.
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plm aeculations — s /a /oa
Refunds
In the event of inclement weather or some other cause beyond the control of the
applicant, a written request for refund may be submitted to the Special Events
Coordinator within ten days after the scheduled filming event was to occur. It will
be the decision of the Parks and Recreation Director to determine if all charges
or a prorated amount will be refunded. Charges incurred will be not be refunded.
The application fee is non - refundable.
Indemnification Agreement
Prior to the issuance of a filming permit, the applicant must sign an agreement to
reimburse the City of San Luis Obispo for any costs incurred in repairing damage
to City property occurring in connection with the permitted filming activity caused
by the actions of the applicant, the filming company, its officers, employees or
agents or any person who was under the applicant's control insofar as permitted
by law. The agreement shall also provide that the applicant shall defend, protect,
indemnify and hold harmless the City, its officers, agents, and employees from,
any liability to, or claims of liability. This indemnification agreement will be
included as a part of the filming permit.
Insurance Requirements
If required by the City's Risk Manager, the applicant for a filming activity must
submit a Certificate of Insurance and policy endorsement naming the City of San
Luis Obispo as Additional Insured covering general liability and property damage
in an amount to be determined by the Risk Manager, with a minimum of
$1,000,000 per occurrence for all covered losses. These forms must be
submitted to the Special Events Coordinator prior to approval by the City. The
insurance policy must be maintained for the duration of the filming activity and
the insurance company must provide the City with thirty days written notice of
cancellation of the policy.
Clean -Up
The applicant shall conduct operations in an orderly fashion with continuous
attention to the storage of equipment not in use and the cleanup of trash and
debris. The area used shall be cleaned of trash and debris upon completion of
shooting at the scene and restored to the original condition before leaving the
site. It is highly recommended that efforts to recycle aluminum and glass should
be made.
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film Requlations - 5/4/o4
Traffic Control
For filming that would impair traffic flow on public rights -of -way, an applicant must
use San Luis Obispo Police Department personnel for traffic control, unless
otherwise authorized by the Police Department, and comply with all traffic control
requirements deemed necessary.
a. For any street closure, a traffic plan must be developed and presented
to the City for approval prior to permit issuance. Traffic plans are the
responsibility of the applicant.
b. An applicant shall furnish and install advance warning signs and any
other traffic control devices in conformance with the Manual of Traffic
Controls. State of California Department of Transportation: All
appropriate safety precautions must be taken.
C. Traffic may be restricted to one 12 -foot lane of traffic and /or stopped
intermittently. Depending upon the filming location, the City will
determine the period of time that traffic may be restricted.
d. Traffic shall not be detoured across a double line without prior approval
of the San Luis Obispo Police Department.
e.. Unless authorized by the City, the camera cars must be driven in the
direction of traffic and must obey all traffic laws.
f. Any emergency roadwork or construction by City crews and /or private
contractors, under permit or contract to the City, shall have priority over
filming activities.
Parking Regulations
When parking revenues are affected, an applicant.may be billed according to the
current rate schedule established by the City. In order to assure the safety of
citizens in San Luis Obispo, parked vehicles or other easily movable obstruction
must never block access roads that serve as emergency service roads. No
relocation, alteration, or moving of structures on City property will be permitted
without prior approval.
If the applicant must park equipment, trucks, and /or cars in zones that will not
permit parking, the City must approve this use and the Applicant shall post
temporary "No Parking" signs to prevent outside parties from parking in the
filming area.
Safety Plan
The filming applicant may be required to submit a written safety plan prior to
filming if the Risk Manager determines that unusual safety concerns may exist.
Such plan must include solutions to the concerns identified by the City's Risk
Manager.
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film rzequlations — 5/4104
Fire Regulations
All appropriate State and City fire regulations must be followed during any filming
activity.
A 20 -foot fire lane must be maintained at all times to allow access for emergency
vehicles. Filming activities that require street closures shall not affect key
emergency vehicle routes.
Permission from the City's Fire Marshal must be obtained if pyrotechnics are to
be used during filming. If needed, Fire Department personnel may be assigned
to monitor certain aspects of the filming.
If a scene requires a fire or campfire in a City park, a gas jet must be used.
City Fire Department Personnel may be required on filming locations:
• In hazardous brush /grass areas during fire season, or
• When fire- related special effects may be used, or
• When fire /safety codes may be violated. The movie location shall be
reviewed by fire department staff to determine if presence by City Fire
Department Personnel is required.
If fire- related special effects or pyrotechnics are to be used, approval shall be
obtained from the City Fire Department..
Encroachment Regulations
Public Works Department encroachment approval is required for any use in the
public right -of =way. This approval would determine the need for any traffic plans,
vehicle size and weight exceptions etc. This approval must be applied for 10
working days prior to filming. All related fees must be paid prior to the issuance
of the encroachment approval.
All vehicles shall comply with the size and weight requirements established by
the California Vehicle Code. Exceptions shall be reviewed on a case -by -case
basis and shall comply with Chapter 10.80 of the City's Municipal Code for
Oversized and Overweight Vehicles. Requests for exceptions must be made to
the Public Works Department no later than 10 days prior to filming. If the Public
Works Department allows the exception, approval must be forwarded to the
Special Events Coordinator within 5 days before filming is to begin. The Police
Department will require any vehicle that has not. received an exception approval
to be removed.
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city of san Luis owspo pace s
plm ueGulations — s /a /oa
Compatibility with State and Federal Law and Constitutions
It is the intention of the City Council and the City of San Luis Obispo that these
policies and procedures be interpreted in a manner compatible with the State of
Califomia Constitution and the United States Constitution and the laws of the
State of California and the United States.
M
Checklist items for Film Permit Process: If checked, Applicant must have
completed or approved before Film Permit will be granted.
Parks & Recreation:
• Film Application
• Park or Facility Use Permit
Risk Management:
❑ Certificate of Insurance and Endorsement, with required limits of
❑ Safety Plan Review
Public Works: Engineering
• Encroachment Permit
• Use of Generators
• Night time Noise /Use of Lights
• Use of Water (storm drain issues)
• Traffic Plan Review
o Street Closures
o Traffic Lane Restrictions
• CalTrans Notification
Public Works: Maintenance Divisions
❑ Staff Resources needed
o Streets
o Parks
Public Works: Parking
❑ Parking Review
Police Department
❑ Traffic Plan Review
❑ Staff Resources needed
Fire Department
• Special Effects /Pyrotechnic Permit
• Staff Resources needed
Additional Requirements:
❑ Private Property Owner Notifications for use of City rights -of -way
• Use of Downtown area
• Approval by Downtown Association
• Approval by Chamber of Commerce
• Approval by Old Mission Church (Mission Plaza use only)
• Applicant to notify all affected residents for staging
e
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RESOLUTION NO. 9558 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CITY'S MASTER FEE SCHEDULE BY
ESTABLISHING A CODE ENFORCEMENT FEE FOR
COMPLIANCE WITH ZONING, PLANNING AND BUILDING CODES
WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on
an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve
adopted cost recovery goals; and
WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 on
November 21, 2000 updating the City's master fee schedule; and
WHEREAS, the City of San Luis Obispo Municipal Code authorizes the establishment of
various fees for delivery of municipal services; and
WHEREAS, the Director of Community Development has determined that the adoption of the
proposed development fee is statutorily exempt from the provisions of the California Environmental
Quality Act (CEQA) under Section 15273 of the State CEQA Guidelines as the purpose of theses
charges is to meet operating expenses.
WHEREAS, the Council considered amendments to the master fee schedule at a public
hearing on April 20, 2004 based on a detailed analysis of costs and funding requirements to meet
cost recovery goals for code enforcement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo th at the City's master fee schedule is hereby amended to include a Code Enforcement Fee as
shown in at
A, effective July 1, 2004.
Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and
on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
R 9558
Resolution No. 9558 (2004 Series)
Page 2
The foregoing resolution was adopted on April 20, 2004.
u
Mayor David F. Romero
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
J049badlll. Lowell
City Attorney
EXHIBIT A
Amend the BUILDING & SAFETY FEE SCHEDULE to add:
Code Enforcement Fees
When two written notices to correct a code violation have been issued, a Code Enforcement Fee of
$264.00 shall be paid at time of planning application submittal or construction permit issuance
necessary for correction of the violation. For assessment of this fee, construction permit shall include
building, electrical, plumbing, mechanical, sign, demolition, and grading permits. For code
violations not requiring a planning application or construction permit for resolution, said fee shall be
paid on receipt of an invoice.
Construction permits issued for correction of code violations when no written notices have issued
shall not be subject to the investigation fee established in Section 304.5.2 of the Uniform
Administrative Code.
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RESOLUTION NO. 9557 (2004 Series)
RESOLUTION APPPROVING REQUEST FROM BEACH CITIES CAB
COMPANY TO MODIFY SCHEDULE OF RATES
WHEREAS, the City Council of the City of San Luis Obispo desires to provide
for taxi service for its citizens; and
WHEREAS, Beach Cities Cab Company is a current taxi operator in the City of
San Luis Obispo; and
WHEREAS, the City has received an application from Beach Cities Cab
Company to increase their schedule of rates; and
WHEREAS, the proposed rate increase is consistent with increasing operational
costs,
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
San Luis Obispo approves the schedule of rates for Beach Cities Cab Company as set
forth in Exhibit A.
On motion of Council Member Ewan, seconded by Council Member Settle and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20`s day of April, 2004.
ATTEST.
Lee Price, C.M.C.
City Clerk
e � Mem
Mayor David F. Romero
P14 =17
Resolution No. 9557 (2v04 Series)
Page 2
APPROVED AS TO FORM:
n an P. Lowell
City Attorney
Resolution No. 9557 (2u04 Series)
Page 3
EXHIBIT A
BEACH CITIES CAB COMPANY
SCHEDULE OF RATES
Fee Type Fee
Pick Up $ 3.00
Per Mile $ 2.00
Wait Time $25.00
Credit Card Use $ 4.00
tro-Vl CL--)
RESOLUTION NO. 9556 (2004 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PROGRAM AND PRIORITIES FOR 2004 AND APPOINTMENT_
OF COUNCILMEMBER AND STAFF PERSON TO ACT AS
LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE LEAGUE OF CALIFORNIA CITIES
WHEREAS, a major objective of the City Councifist.o 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 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, 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:
(1) Establish the Legislative Action Priorities for 2004; asset forth in the attached Exhibits "A
and "B "; and authorize 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; and
(2) Appoint David F. Romero to act as Councilmember legislative liaison and Jonathan Lowell to
act as staff legislative liaison with the League of California Cities..
R 9556
Resolution No. 9556 (2004 Series)
Page 2
Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the
following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 20'` day of April, 2004.
Mayor David F. Romero
EXHIBIT Ak CITY LEGISLATIVE ACTION PRIORITIES FOR 2004
ZI bi M 41A.11 a •• •• I
Exhibit A
Requiring funding of federally mandated programs, including new water /wastewater /storm
water regulations, or eliminating such mandates
2. Promoting continued and increased funding sources for streets and transportation, especially
transit
3. Obtaining new funding sources_ to expand housing opportunities for very low, low and
- moderate income families
4. 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
6. 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
8. Supporting legislation which strengthens the ability of cities to control their public rights-of-
way and apply zoning regulations relative to the telecommunications industry
9. 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.
10. Supporting legislation that grants monies to local government for infrastructure
improvements in areas that have contamination from oil and gas production.
11. 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
12. 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
13. Obtaining funding, cooperation and prompt approval from the Environmental Protection
Agency (EPA) and Army Corps of Engineers for necessary flood . control projects.
14. Supporting legislative action to retain the existing process of local judicial review of
A -1
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Exhibit A
land use decisions, thus avoiding preemptory, premature intrusion of federal courts
into matters best known to authorities at the local level
15. Supporting legislation for grant funding for steelhead restoration projects
16. Opposing mandatory social security for newly hired local governmental employees
17. Supporting legislation to promote the safe, responsible, and cost effective reuse of
biosolids
18. Supporting the existing federal water efficient plumbing standards contained in
the Clean Water Act
19. Promoting Federal. efforts toward preservation of open space, coastal resources
signature land forms, wetlands, and other natural resources or areas threatened by
development
20. 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
21. Supporting legislation that encourages research and development by businesses
through tax credits or other incentive programs
22. 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
23. Supporting legislation that funds the arts — especially public; art
24. 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
25. Supporting funding for national and international tourism promotion
26. Supporting continued funding for CDBG at or above recent levels
27. Supporting continued funding for Federal_ block grants for locallaw
enforcement
28. Supporting clean air transit funding for San Luis Obispo County
.29. Supporting asustainable energy policy
30. Supporting continuation of AMTRAK services and improvements thereto
A -2
Exhibit A
31. Promoting funding for the acquisition and preservation of open space
32. Supporting continued funding and enhancement of social services programs that aid
residents of the community
STATE PRIORITIES
FINANCE
Supporting efforts to protect the City from loss of revenues due to State take -aways and
mandates, such as through Local Government and Public Safety Protection Act
2. Supporting legislation that strengthens opportunities fordo_ cal fiscal independence
Returning ERAF
4. Supporting efforts to "protect, preserve and reform" local government revenue sources
Supporting legislation which better assures any reductions in Vehicle License Fees
by the State will be back -filled by the state to local government in a permanent way
6. 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
8. Endorsing legislation supporting reasonable reformation of property tax procedures from
existing systems of penalizing property improvement and maintenance to a system
that rewards propertyimprovementsand maintenance
COMMUNITY DEVELOPMENT,
1. Opposing mandated State approval of local General Plan Elements,. such as implementing .
and compliance with State General Plan Housing element law
(especially any return of SB. 910 or other sanctions for noncompliance).
2. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations
'process to recognize local urban plans and local resource limitations
3. Promoting funding sources to encourage the retrofitting of unreinforced masonry
buildings
A -3
.,,
Exhibit A
4. Promoting State efforts toward preservation of open space, coastal resources, signature land
forums, wetlands, and other natural resources or areas: threatened by development
5 Promoting funding for the acquisition and preservation of open space
6: Promoting funding of on- campus housing at Community Colleges and CSU for
student and faculty housing
7. Promoting the concept of Urban Growth Boundaries
8. Promoting funding for the arts, especially public art
9. Promoting legislation. which moves final decision on school site locations from
school district authority to local government (city or county) authority
10. Preserving local control of planning and zoning matters (such as the prohibition of
drive- through windows and highway signage)
11. Promoting funding and/or legislation that encourages research and development by
businesses in California
12. Supporting funding for the promotion of California as a place to locate businesses
13. Malang funding available for affordable housing for very low, low and moderate income
families to all cities and communities without regard to whether or not HCD has certified
their housing element. Affordable housing need does not depend on Housing Element
status
14. Promoting funding for the acquisition, maintenance and restoration of historic sites and
structures
PUBLIC SAFETY
1. Continuing support for disaster preparedness/earthquAe preparedness/Homeland Security
2. Preserving City's authority to investigate police misconduct
3. Preserving City's authority to establish emergency medical service, levels.
4. Increasing City authority to regulate group homes for juvenile offenders
5. Supporting grant requests for Regional Hazardous Material Response Team, and
other related activities
A-4
0 ,
Exhibit A
6. Supporting efforts to secure higher levels of cost recovery for DUI incidents
7. Supporting efforts to expand; the scope of parental responsibility for crimes
committed by minors
8. 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
9. Preserving the.authority of local control on issuance of concealed weapons permits
10. Supporting a state -wide gaming commission to oversee. all forms of gambling in the
state
11. -Retaining budget commitments for`Public Safety supplemental funding— State
COPS Program
12. Supporting legislation to help curb alcohol- related criminal behavior and underage drinking
13. Supporting ABC work on minor /alcohol issues
14. Opposing new or increased state fees for state provided law enforcement services
15. Preserving the City's authority to establish emergency service levels
TRANSPORTATION
Changing Gas tax laws to allow local tax for transportation purposes based on a majority
vote of the public
2. Increasing transportation funding (including transit, bicycles, others), especially transit
3. Working with Caltrans, SLOCOG,: and the California Transportation Commission
to relinquish. Hwy 1 within the City limits and relinquish Hwy 227 within the City limits
after Caltrans' completion of road overlay and reconstruction of Hwy 227
4: Working with the California Transportation Commission to expeditiously fund the Hwy
227 road overlay and reconstruction project
5 Working with Calwms,to modify the blanket maintenance agreement to have
City perform all traffic signal.maintenance and operations
6. Providing state funding for CalTrans replacement of structures that have
contributed to local flooding
A -5
Exhibit A
7. Supporting clean air transit funding for San Luis Obispo County
8. Supporting actions to protect existing city transit programs from legislation or other
efforts designated to transfer local transit resources to regional operations or
programs
9. Supporting actions to (1) promote cooperation and mutual support between
metropolitan planning organization (MPO) agencies and local =sit providers; and
(2) discourage trends toward MPO agencies/regional "control" of local transit
providers
HUMAN.RESOLTkCES/EMPLOYEE RELATIONSAIUM AN RELATIONS
Supporting worker's compensation reforms that lower emplo yers costs while still
protecting work&s
2. Preserving the fiscal integrity of PERS and opposing State mandates that augment
PERS benefits outside of the collective bargaining process
3. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to
curtail management rights
4. Monitoring employee healthcare/benefit changes
5. Supporting any actions that will mitigate the tremendous increase in PERS rates
due to PERS investment losses.
6. Supporting social services projects d funding thereof that assist residents of the
pro] an
community Who otherwise have no "safety net"
7. Promoting reasonable le s
gisla-tioh that furthers equal rights for al residents
PUBLIC WORKS
1. Better defining "qualified" bidders in public contracts bidding
2. Redefining prevailing wages as "average" local wages
3. Streamlining federal and state process.e&for funding street projects
PARKS AND RECREATION AND NATURAL RESOURCES
1 Supporting rtdieAtional funding, particularly for "at risk" individuals within the City
FEW
y .._ .
l
Exhibit A
2. Supporting funding for: protection of natural resources (e.g. the Morros), open space, and
parks development (e.g. Proposition 12)
3. Supporting funding for rehabilitation of urban parks
4. Supporting efforts at the State level for a park and open space bond measure
5. Seeking legislative grants supporting the City's acquisition of properties in the City
greenbelt
6. Obtaining grant funding for unmet community recreational. needs.
7. Encouraging the State Department of Parks and Recreation to expedite the
distribution of Proposition 40 funds
8. Seeking legislative exemption from property taxes on lands dedicated to open space
purposes which are outside the boundaiies of the jurisdiction owning such lands
1. Providing funding for reclaimed water programs
2. Supporting clean water grant programs
3. Supporting legislation to modify or enhance local government's ability to comply with solid
waste requirements
4. Supporting legislation to eliminate mandatory penalties for violations of NODES.
Requirements and returning discretionary control to the Regional Water Quality Control
Board Executive Officers (Le. repeal SB 709)
5. Supporting legislation whph will enhance market - development for recycled materials
6. Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharged toPOTW's from sewers
7.. Supporting legislation to increase availability of grant funding for replacement of aging
infrastructure
8. Supporting legislation promoting the safe, responsible, and cost - effective reuse of biosolids
9. Supporting legislation to streamline did state regulatory permit press through the use of
general permits
A -7
1 A
Exhibit A
10. Supporting legislation to establish water efficiency standards in the "Appliance Efficiency
Standards"
11. Supporting legislation to return discretion and flexibility to the Regional Water
Quality Control Boards in permitting
12. Supporting_ Legislation funding local, community based energy efficiency
programs
13. Supporting a sustainable energy policy
14. Supporting efforts that require the Regional Water Quality Control Boards to
establish discharge limitations based upon appropriate beneficial use designations
without using the Use Attainability Analysis (UAA) process
15. Supporting legislation. allowing cities/agencies to establish fees for the costs of
operating mandated water quality programs such as, but not limited to, municipal
storm water and Total Maximum Daily Loading (TMDL)
16. Supporting legislation that allows cities/agencies to control through ordinance or
ban self - regenerating water softeners
17. Supporting legislation to allow -transfer of the Salinas Reservoir to a local agency
18. Supporting efforts that require the State Water Resources Control Board to establish
policies and guidance for establishing appropriate and reasonable discharge limitations to
Effluent Dependant Waterbodies (EDW's)
19. Supporting legislation that limits discharger mitigation measures for water reuse/recycling
projects when a significant portion of the flow in the affected receiving water is discharged
from imported water sources
20. Support legislation that aids in the implementation of the California Urban Water
Conservation Council's Best. Management Practices regarding urban water conservation.
COUNTY/REGIONAL PRIORITIES
1. Reaching agreement on the Nacimiento pipeline project with the County
2. 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
3. Working cooperatively with the County in the construction of County administrative and
judicial offices and courts in the downtown area. Encouraging participation by County in
.;
Exhibit A
providing nearby parking for County employees and clients, and alternate transportation and
parking demand reduction
4. Improving regional solid waste management
5. Developing cooperative approaches for providing services on a regional basis
6. Support County development of a local ordinance providing additional local oversight and
regulation of the land application of Exceptional Quality (EQ) biosolid
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
8. 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
9. Working with the Airport Land Use Commission to develop a mutually acceptable
plan for City's expansion areas so that the City's housing goals
can be achieved
10. Advocating for more on- campus housing at Cal Poly, and support for staff and faculty
housing consistent with the updated Housing Element
11. Working cooperatively with the County to solve City/County flood problems
EDUCATION
1. 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
A -9
Better Cities — A Better Life
Exhibit B
League of California Cities
www.cacities.org
2003 FEDERAL PRIORITY ISSUES
HOMELAND SECURITY
• Support flexible block grants to local governments to improve security and public safety locally.
Such funding would enable cities, as the first - responders, to increase emergency response and
public safety efforts, improve communications systems, effectively prepare against bioterrorism
attacks, develop citizen preparedness programs, and meet other critical security needs..
• Support the appropriation of $3:5 billion for first responders; and [an uage that provides local
governments direct access to these funds. As seen on September 11 and in the critical time
immediately following, it is local first responders who are on the frontlines in the fight to secure the
homeland. Cities need adequate resources to protect public safety.
REAUTHORIZATION OF TEA -21
Funding
• Ensure that California receives an increased share of highway funding - based on its contributions
to the Highway Trust Fund and preeminent role in the national economy. California's population
will increase by nearly a. third over the next 20 years. This will translate into an additional 160
billion vehicle miles traveled annual"n increase of 50% on an already overburdened system.
• Maintain the guaranteed funding levels and firewalls established in TEA -21 that match
transportation expenditures to transportation revenues.
• Retain the Revenue Aligned Budget Authority mechanism, but distribute proceeds consistent with
the historical split of gas tax proceeds to the Highway and Mass Transit Accounts.
• Oppose efforts to impose an arbitrary funding "car on the disbursement of formula or
discretionary federal transit funds to any state.
Program Structure
• Continue the basic program. structure instituted by ISTEA that provides state, regional and local
officials the flexibility to allocate federal funds to a range of highway, transit, local road, and
bicycle /pedestrian improvements based on needs.
• : Remove barriers to funding projects and programs that promote more efficient operation of the
existing transportation system, such as deleting the three -year limit on the use of CMAQ funds
and the varying local match requirements among different transportation programs.
Expediting Proiect Delivery
ob Support increased flexibility and streamlining reforms that assist cities in operating and
maintaining the existing transportation network, including linking permitting agency review and
approval to environmental review processes for environmentally responsible and expeditious
project delivery. In California, such' changes are key for cities as local governments bear
responsibility for the operation and maintenance of approximately 79 percent of the state's total
maintained road. system. This is equivalent to 310,000 lane miles —a 40% increase from 1970.
ECONOMIC STIMULUS
Seek resources to aid and spur economic development in states and local governments hard hit
by the economic downturn. The State of California's estimated $35 billion budget shortfall is hitting
California cities hard. If the Governor's proposed reductions are enacted, cities would face an
estimated loss in excess of $2.5 Billion over 17 months, which directly impacts the delivery of
critical municipal services to our residents, such as police and fire services and maintenance of
roads and sewer and water systems.
TELECOMMUNICATIONS/TECHNOLOGY
Public Safety Spectrum
• Ensure adequate broadcast spectrum is available to local governments for public safety com-
munications. Current spectrum allocations are insufficient and often force local response agencies
to operate across different, incompatible radio frequency bands. As a result; agencies responding
to emergencies are often unable to communicate rapidly with each other. This occurred during the
September 119' attacks and remains a constant problem for California public safety agencies.
E- Commerce
• Support efforts to ensure all sales transactions are treated equally, leveling the playing field for
traditional 'Brick and Mortar° merchants, out of state sellers such as remote web sites, and mail
order outlets, as well as new hybrid "Click and Mortar" businesses.
• Oppose proposals that bar collection of sales and use taxes on Internet transactions which cities
and their residents depend on to provide critical municipal services (e.g., police and fire services
receive approximately 60 percent of city discretionary spending; other important services include
sewer and water systems, road maintenance, parks, recreation, and libraries..)
• Support state and local governments' ability to require remote sellers without a physical presence
in the state to collect use taxes on goods and services sold, and remit those taxes to the
purchaser's state. Support efforts to simplify and reduce compliance costs for remote sellers.
• Support proposals that allow state and local governments to gain taxing authority automatically
after fulfilling Congress' simplification requirements.
• Oppose proposals that exempt all intangible property and software downloads from sales and use
tax. Makers of these products should pay their fair share.
Public Rights -of -Way Maintenance
• Preserve state and local authority to manage public rights -of -way, zoning and to protect public
safety and welfare.
• Oppose proposals that reduce or eliminate compensation paid to cities for the use of their property
and rights -of -way. Telecommunications firms should not receive a "high tech handout" or subsidy
from cities and taxpayers.
AFFORDABLE HOUSING
• Support increased resources and tools to expand the supply of affordable housing, including
creation of an affordable rental .housing production program that provides cities with direct
assistance to help produce, rehabilitate, and preserve affordable housing.
• Support tax incentives to promote private investment in. the production of rental housing units,
including enactment of new tax benefits that complement the federal :Low- Income Housing Tax
Credit Program and.provide additional incentives to invest in multi- family rental housing.
FEDERAL MANDATES AND PREEMPTION OF LOCAL AUTHORITY
• Support provisions that provide cities relief from unfunded Federal mandates, and oppose
provisions that preempt essential and traditional rights and responsibilities of cities and states
(e.g., land use and zoning authorities), including takings proposals aimed at shifting the authority
on local land use from state and local levels to federal courts.
FUNDING FOR KEY CITY PROGRAMS
• Support increased funding for community and economic development (e.g., CDBG and HOME),
job training and Workforce Investment Act, transportation, law enforcement (e.g., the Local Law
Enforcement Block Grant and COPS programs), and parks (e.g., Urban Parks and Recreation
Recovery Program and Land and Water Conservation Fund).
�-��� J O O
����� � �J ��J ` .
C C
RESOLUTION NO. 9555 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2402
WHEREAS, the City Council made certain findings concerning Tract 2402, as
prescribed in Resolution No. 9242 (2001 Series); and
WHEREAS, the City Council approved the final map for Tract 2402 per
Resolution No. 9357 (2002 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2402, in accordance with City standards, specifications and the subdivision
agreement, and has requested acceptance of the public improvements for maintenance
and operation by the City.
NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the
public improvements for Tract 2402. The current Faithful Performance surety is hereby
reduced to $27,900, being ten percent of the total cost of the public improvements, to be
held for one year from this date, in accordance with the subdivision agreement. The
Labor & Materials surety may be released at this time, since the conditions of Section
66499.7 of the California Government Code have been met.
On motion of Council Member Settle, seconded by Council Member Ewan and'on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle,
Vice Mayor Schwartz and Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 20`s day of April, 2004.
Mayor David F. Romero
ATTES
Lee Price, C.M,.C.
City Clerk
R 9555
Resolution No. 9555 (�.>J4 Series)
Page 2
Approved as to Form:
/ 3
J an P. Lowell
City Attorney
�LVLC��-
�����
RESOLUTION NO. 9554 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REVISING THE MANUAL ENTITLED "COUNCIL POLICIES AND PROCEDURES,"
AND RESCINDING ALL PREVIOUS VERSIONS OF SAID MANUAL
WHEREAS, State law requires that a City Council comply with certain requirements
designed to provide reasonable and adequate public notice of meetings; and
WHEREAS, procedural rules regarding Council meetings and the conduct of the public's
business allows Council Members and the public an opportunity to speak freely and fully on all
matters of public interest; and
WHEREAS, procedural rules for the conduct of meetings of the City Council promotes
and enhances a more efficient and effective means of conducting the public's business; and
WHEREAS, procedural rules ensure that the will of the collective Council determines its
priorities and decisions.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo:
SECTION 1. The Council hereby amends the Council Policies and Procedures Manual,
a copy of which is attached hereto marked Exhibit "A ", is incorporated herein, and replaces all
previous versions of the Council Policies and Procedures Manual.
SECTION 2. A copy of the Council Policies and Procedures Manual shall be maintained
on file in the Office of the City Clerk, shall be distributed to all Council Members and
Department Heads, and shall be available to the public during reasonable business hours.
Upon motion of Council Member Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of April, 2004.
AF 1Z-4
C
Resolution No. 9554 (2004 Series)
Page 2
City Clerk
APPROVED AS TO FORM:
J na P. Lowell
City Attorney
��D
���
Mayor David F. Romero
0 0
Attachment #1 - Exhibit A
city of san luis osispo
COUNCIL POLICIES
AND PROCEDURES
Adopted by the City Council
April 20, 2004, Resolution No. 9554
O
FOREWARD
San Luis Obispo is a "charter' city as contrasted to a "general law" city. Under California law,
the authority of a general law city is derived only from the powers granted to it by the general
laws adopted by the State Legislature pertaining to the organization and operation of a
municipality, and from the police power granted to it by the State Constitution.. On the other
hand, a charter city's power is not defined or limited by the State's general laws. Instead, with
respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject
only to the limitations of the State Constitution. As a result, charter cities usually have more
operational latitude than do the more prevalent general law cities.
A charter serves as the city's "constitution" and may only be amended by a vote of the people.
San Luis Obispo's Charter was first adopted on May 1, 1876 and has been amended by popular
vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council-
Mayor- Administrative Officer form of government. The last charter revision occurred on
November 5, 1996.
The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the
City Charter.
Council Policies & Procedures Manual 2004 Adopted 4/20/04 by Resolution No. 9554 (2004 Series)
Page I
y.
COUNCIL POLICIES & PROCEDURES
TABLE OF CONTENTS
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES ................................ ...............:.....:......... 2
1.1 MEETING SCHEDULE ........................................................... ............................... 2
1.1.1 MEETINGS OF COUNCIL .......................................... ............................... 2
1.1.2 REGULAR MEETINGS ............................................... ............................... 2
1.1.3 STUDY SESSIONS ...................................................... ............................... 2
1.1.4 SPECIAL MEETINGS .................................................. .:.........•................... 3
1.1.5 USE OF COUNCIL CHAMBERS ................................ ............................... 3
1.2 AGENDA.,.....,........,..; ...............::.............................................:... ..............:......:.:....... 4
1:2.1 ESTABLISHING THE COUNCIL AGENDA ............... ..............................4
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ....::.:.. 5
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) .....:::... 5
1.2.4
PLACING AN ITEM ON THE AGENDA (THE PUBLIC) .............. :........ 5
1:2.5
EMERGENCY ITEMS ................................................. ............................... 5
1:2.6
RECONSIDERATION ........ : .................. ...................................... :.............. 5
1:2.7
ORDER OF BUSINESS .......................................... :................................... 6
1.2.8
NOTIFICATION AND ADVERTISING ...................... ............................... 6
13 MEETING PROCEDURES :....:................................................. .........................w....6
1.3.1 PRESIDING OFFICER :.....:......................................... .................. ;...... ....... 6
1.3.2 QUORUM ...........::........:.............................................. ............................... 7
1.3.3 DISCUSSION RULES ...............................:.................. ... ..............::..........:.7
1.3.4
PARLIAMENTARY PROCEDURE :.:.:...........:.:........ .......................:....... 8
1.3:5
PROTOCOL ..............................::..>............................... ..........:...::........ :.:.:.8
1.3.6
VOTING PROCEDURES .... :: ............................................. :....................... 9
1.3.7
PUBLIC COMMENT ................................................ ...............................
10
1.3.8
CONSENT AGENDA ........................:..:...................... ...............::::..........12
1.3.9 COM IUNICATIONS ................................................. .......................:.....13
1.3.10 CLOSED SESSIONS .................................................. .............................13
1.4 MEETING COVERAGE ....................................................... ......:......................13
CHAPTER TWO
COUNCIL COMPENSATION ......................, .......15.
2.1 SASS FOR MAYOR AND COUNCIL MEMBERS ...::. ........:.........:..........15
2.2 RETIREMENT, MEDICAL, DENTAL: VISION AND LIFE INSURANCE ....... 15
2.3 PROFESSIONAL DEVELOPMENT .::..................:.................. ..........::..::.:.:...::...:15
I .
2.3.1 PROFESSIONAL DEVELOPMENT ......................... ............................... 15
2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE ............................ 15
2.3.3 CHANNEL COUNTIES DMSION MEETINGS ............................. 16
2.3.4 START -UP ALLOWANCE ........................................ ............................... 16
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ... ............................... 16
2.4.1 CITY BUSINESS ..................................................... ............................... 16
2.4.2 MILEAGE ................................................................ .............................17
2.5 GENERAL PROCEDURES AND LIM[ITATIONS ................. .............................17
2.5.1 ACCOUNTING ......................................................... .............................17
2.5.2 REIMBURSEMENT LIlVIITATION ............................ .............................17
2.5.3 SPECIAL EXPENSES ............................................... ............................... 17
2.5.4 HONORARIUM ......................................................... ............................18.
2.5.5 OTHER GUIDELINES .............................................. ............................... 18
2.6 COUNCIL COMPENSATION COM[ IITTEE ...................... ............................... 18
2.6.1 MEMBERSHIP .......................................................... .............................18
2.6.2 REVIEW RESPONSIBILITY ..................................... ............................... 18
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS ................................. ............................... 19
3.1 MAYOR - POWERS AND DUTIES ....................................... .............................19
3.2 APPOINTMENT OF VICE -MAYOR ..................................... .............................19
3.3 FILLING COUNCIL VACANCIES ...................................... ............................... 20
3.3.1 APPOINTMENT OR SPECIAL ELECTION ............. ............................... 20
3.3.2 PUBLIC APPOINTMENT .......................................... ............................... 20
3.3.3 ADVERTISE FOR APPLICANTS ............................. ............................... 20
3.3.4 QUALIFICATIONS ..................................................... .............................20
3.3.5 PUBLIC MEETING ................................................... ............................... 21
3.4
GENERAL POWERS OF THE COUNCIL .......................... ...............................
21
3.5
ADMINISTERING OATHS: SUBPOENAS ........................ ...............................
22
3.6
LIMITATIONS ........................................................................ .............................22
3.7
METHOD OF ACTION BY COUNCIL ............................... ...............................
22
3.8
ORDINANCES .................................................................... ...............................
22
3.9
ACCEPTANCE OF GRANTS OR DEEDS ........................ ...............................
23
ii
G
N
3. 10 LEGISLATIVE ACTION PROGRAM ................................ ............................... 23
3.11 AMICUS CURIAE PARTICIPATION ................................. ............................... 23
CHAPTER FOUR
THEBROWN ACT ........................................................................ ............................... 24
4.1 APPLICABILITY AND PENALTIES .................................. ............................... 24
4.2 MAJOR PROVISIONS ........................................................ ............................... 24
4.2.1 APPLICABILITY ....................................................... .............................24
4.2.2 MEETINGS ................................................................ .............................24
4.2.3 AGENDAS ............................................................... ............................... 24
4.2.4 ACTIONS ................................................................... .............................25
4.2.5 PUBLIC INPUT ....................................................... ...............:............... 25
4.2.6 PUBLIC DISRUPTIONS ......................................... ............................... 25
4.2.7 CORRESPONDENCE ............................................... .............................25
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS .......................... 25
4.3 SPECIAL MEETINGS .......................................................... ............................... 26
4.4 EMERGENCY MEETINGS ................................................. ............................... 26
4.5 ELECTRONIC MAIL (E MAIL). THE PUBLIC RECORDS ACT
ANDTHE BROWN ACT ..................................................... ............................... 26
4.6 OTHER PROVISIONS ............................................................ .............................26
CHAPTER FIVE
COUNCIL /STAFF RELATIONSHIPS & CONDUCT ................ ............................... 28
5.1 INTENT .................................................................................. ............................... 28
5.2 GUIDELINES FOR COUNCIL MEMBERS ...................... ............................... 28
5.2.1 REQUESTS FOR NFORMATION ........................ ............................... 28
5.2.2 DIRECTION TO STAFF ......................................... ............................... 28
5.3 GUIDELINES FOR STAFF ................................................. ...............:............... 28
5.3.1 TIMELY RESPONSE .............................................. ............................... 29
5.3.2 DIRECTION FROM COUNCIL .............................. ............................... 29
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ........... 29
5.3.4 INFORMATION DISTRIBUTION ........................ ............................... 29
5.3.5 SIGNIFICANT INFORMATION .......................... ............................... 29
5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS... 30
iii
5.4.1 TELEPHONES .......................................................... .............................30
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY..... 30
5.4.3 SECURITY ............................................................. ............................... 31
5.4.4 INTERNET ACCESS ............................................. ............................... 31
5.4.5 ELECTRONIC MAIL (E MAIL) ............................ ............................... 31
5.4.6 SUPPORT RESPONSIBU TTIES ............................ ............................... 31
5.4.7 COUNCIL MEMBER RESPONSIBU-JTIES .... ..... ............................... 31
CHAPTER SIX
ADVISORY BODY PROCEDURES ............................................. ............................... 32
6.1 ROLE OF COUNCIL LIAISON SUBCOMNIITTEE MEMBERS ................... 32
6. 1.1 COMMUNICATION .............................................. ............................... 32
6.1.2 EDUCATION ............................................................ .............................32
6.1.3 APPOINTMENT RECOMMENDATION ............. ............................... 32
6.1.4 ATTENDANCE ........................................................ .............................32
6.2 COUNTY OR REGIONAL REPRESENTATION .............. .............................32
6.3 OTHER COUNCIL SUBCONIlVIITTEES ......................... ............................... 33
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS_..... 33
6.4.1 IN I' ENT .................................................................. ............................... 33
6.4.2 COUNCIL AGENDA REPORTS .......................... ............................... 33
6.4.3 COUNCIL MEETINGS ......................................... ............................... 33
6.4.4 RECOMMENDATIONS ....................................... ............................... 33
6.5 ROLE OF CITY STAFF PERSONS ............ ..................... ............................... 34
6.6 APPOINTMENT PROCEDURES .................................... ............................... 34
6.6.1 PURPOSE .............................................................. ............................... 34
6.6.2 COUNCIL SUBCOND IITTEE LIAISONS ........... ............................... 34
6.7 PROCESS ........................................................................ ............................... 35
6.7.1 QUALIFICATIONS ................................................. .......................... ....35
6.7.2 TERMS .................................................................... .............................35
6.7.3 PROCESS .............................................................. ............................... 36
iv
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the
manner in which special meetings may be called. Public interest and convenience shall be
primary considerations when decisions are made as to time, location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to the
public. (Charter § 502)
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month
beginning at 7:00 p.m. In the event that a regular meeting of the Council
shall fall on a legal holiday, that regular meeting shall be held at the same
place and time on the next succeeding working day. (Ord. 677)
1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm Street,
in the City of San Luis Obispo. (Ord. 677)
1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m.
It shall be the policy of the City Council to complete meetings, including
closed sessions, by 11:00 p.m. unless a majority of the Council elects to
continue past the adjournment hour. If at the hour of 11:00 p.m. the City
Council has not concluded its business, the Council will review the
balance of the agenda and determine whether to extend the meeting
beyond the.hour.of 11 :00 p.m., continue any remaining items, or
adjourn the meeting to another date and time.
1.13 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions between
staff, advisory bodies or consultants, the public, and the City Council
regarding specific programs, projects or policies. Study Sessions may be
conducted in a variety of formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits
and convenient to Council and advantageous for public participation.
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1.1.4
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1.1.3.3 Participation of the public shall be at the discretion of the Presiding
Officer, upon consensus of the Council.
SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the
City Council. (GC § 54956) Written notice of each special meeting must
be given not less than twenty-four (24) hours before such meeting to each
member of the City Council not joining the call. (Ord. 959)
1.1.4.2 Written notice must be given to the City Council (unless dispensed with
or waived pursuant to State law) and to the media twenty four hours prior
to each meeting. (GC § 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to notify each
Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than City Hall shall be open to
the public. Such meetings shall be held within the city limits. Notice
requirements of the Brown Act shall be complied with for any such
meetings; regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
1.15 USE OF COUNCIL CHAMBERS
1.1.5.1 The City Administrative Officer (CAO), or designee, is responsible for
maintaining a calendar on the use of the Council Chamber and all requests
for reservations shall be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to use the
facility; the CAO shall have authority to make the final decision. The
following rules are established as a guide:
a. Use of the Council Chamber by City commissions, committees, and other advisory
bodies shall take precedence over any other group or agency.
b. Favorable consideration shall be given to other governmental agencies and non-
profit groups during regular business hours only, unless otherwise approved by the
CAO (see exception noted in Section 1.1.5.2.c). These groups will be charged for
the use of the Council Chamber at the same rate charged governmental agencies and
non - profit groups for use of the Community Room at the City/County Library. No
events of a commercial nature shall be allowed. The Council Chambers will not be
available for use by any non -City organizations during non - business hours, unless
otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c).
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With the approval of the CAO, other local governmental agencies may use the
Council Chamber for the purpose of live or video cablecasting public hearings
and/or public meetings during regular or non - business hours. The fee charged shall
be the same rate charged governmental agencies for use of the Community Room at
the City/County Library, in addition to the cost for services provided by the City for
cablecasting operations.
d. No admission shall be charged. No events featuring the service of food or drink
shall be allowed.
e. Regularly scheduled meetings by other agencies and groups shall be discouraged.
Meetings being held to advocate the election or re- election of a particular candidate
for political office shall not be allowed. However, the Council Chamber may be
used for a Candidate Forum where the public and all candidates for a particular
public office have been invited.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be
conducted and to effectively implement the approved Council Goals, Financial Plan and
Budget, and also work programs, objectives, and business of the City as established by the
present or earlier City Councils. Agenda items also include recommendations to the City
Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing
procedures, and mandates from other levels of government. Staff shall work within the policy
context established by the Council and will not arbitrarily place matters on the agenda that are
outside the scope of existing work programs of the City, except as approved by the Mayor, and
permitted under the Charter sanctioned instructions for the CAO to inform and advise the
Council of matters necessary to the proper operation and well -being of the City.
The process for determining the format and order of the agenda is based primarily on the order
of business adopted by the City Council (See Section 1.2.8). The process for establishing the
order of specific business and public hearing items is a collaborative one determined largely by
anticipated public attendance (those matters involving greater audience attendance are usually
scheduled ahead of other items). On a rotating basis, individual members of the Council shall
attend agenda review meetings with the CAO and department heads held on the morning of
the City Council meeting to discuss issues and to review upcoming agenda items. In addition,
the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. The final
agenda is set subject to the approval of the Mayor, after consultation with the CAO, City
Attorney and City Clerk.
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1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a
request, orally or in writing, to consider the matter and by discussing the request during the
Communications section of the regular agenda. Upon consensus of a majority of the Council,
staff will prepare a staff report if formal Council action is required. An individual Council
Member may place an urgency item on an agenda with a minimum of 72 hours legal notice
and a memorandum from the Council Member to the Council and staff setting forth the
substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those
limited situations where an item requires immediate action, and the need to take immediate
action came to the attention of the Council Member subsequent to the distribution of the
agenda.
1.23 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and
responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply
with the City's approved Council Agenda Preparation Policy. In the event that an advisory
body desires to bring a matter of special consideration to the City Council (new ideas or
concerns, for example), it may request that the item be placed on a future agenda by
submitting a written request to the Council approved by a majority of the advisory body
members and signed by the Chair. During Communications, any member of the Council may
ask for consideration of the request, and upon consensus of a majority of the Council, a staff
report will be prepared and approved by the CAO or his designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public
Comment period at the beginning of every Council meeting, or via other communication with
Council Members, and upon consensus of a majority of Council, a staff report will be prepared
and approved by the CAO or his designee.
1.25 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law. Generally,
only those matters affecting public health or safety may be considered emergency in nature. A
four -fifths vote of Council is necessary to add an emergency item.
1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged, however, in extraordinary
situations, a request to reconsider an action taken by the City Council may be considered
provided it is presented by a Council Member who voted with the prevailing side at the
Council meeting where the original vote was taken, or at the next Council meeting. Debate is
limited to the question of whether or not there is a majority of the Council interested in
reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter
will be placed on the next or future agenda.
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1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.5.1
Call to Order
1.2.5.2
Pledge of Allegiance
1.2.5.3
Roll Call
1.2.5.4
Presentations
1.2.5.5
Public Comment
1.2.5.6
Consent Agenda
1.2:5.7
Appointments
1.2.5.8
Public Hearings
1.2.5.9
Business Items
1.2.5.10
Liaison Reports
1.2.5.11
Communications
1.2.8 NOTIFICATION AND ADVERTISING
0
The City will advertise all matters of significant neighborhood or community public
interest that appear on a City Council or Planning Commission agenda, as well as all
matters where advertising is required by law. Said advertisements shall include
location maps, project descriptions and posting of property, if required, written in
plain English in order to fully inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be reviewed by the City Clerk and will be available to interested
members of the public.
1.3 MEETING PROCEDURES
13.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings.
(Charter § 407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as
Presiding Officer.
1.3.1.3 Seating arrangement of the Council:
1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the
Mayor.
1.3.1.3.2 The Mayor, with the approval of individual Council Members,
shall establish other seating arrangements for regular Council
meetings.
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1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature, except when the City
Administrative Officer has been authorized by Council action to sign
documents. In the event the Mayor is unavailable, the Vice Mayor
signature may be used.
13.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of business.
(Charter § 503)
1.33 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions should be limited to the issue before
Council.
1.3.3.1.3 Cross - exchange between Council Members and public should
be avoided.
1.3.3.2 Questions to Staff:
A Council Member shall, after recognition by the Presiding Officer,
address questions to the designated staff member.
1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be interrupted
while speaking except to make a point of order or personal
privilege.
1.3.3.3.2 If a Council Member is called to order while speaking, the
individual shall cease speaking until the question of order is
determined.
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1.3.3.3.3 Upon being recognized by the Presiding Officer, members of
staff shall hold the floor until completion of their remarks or
until recognition is withdrawn by the Presiding Officer.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject
until every other Council Member has had the opportunity to speak.
Council Members are encouraged to discuss items during the
decision- making process.
1.3.3.5 Tabling Procedure:
Immediately stop discussion and vote.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter § 504)
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the minutes,
he/she should precede the statement with "for the record," or request the
City Clerk to enter it into the record following the statement.
13.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's Rules). The
following summarizes the most frequently used actions.
1.35 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and decorum
during all meetings.
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1.3.5.1.2 Side conversations, disruptions, interruptions or delaying
efforts are discouraged.
1.3.5.1.3 Inform the Presiding Officer when departing from a
meeting.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called
to order by the Presiding Officer. If such conduct continues, the Presiding
Officer may call a recess, request the removal of such person(s) from the
Council Chamber, adjourn the meeting, or take such other appropriate
action as permitted by the Brown Act.
1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated
representatives, and those authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his designee shall act as the
Sergeant -at -Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer to
enforce the rules of protocol. Upon motion and majority
vote, the Presiding Officer shall he required to do so.
VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote. Failure of a seated
Council Member to vote will be construed as an affirmative vote.
(Charter § 505)
1.3.6.2 No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council. (Charter § 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Council Member will step down and
not participate in the discussion or vote on the item.
1.3.6.4 A vote may be changed by a Council Member only immediately after the
vote announcement by the City Clerk and prior to the introduction of the
next agenda item.
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1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the
motion maker to restate the motion, if required for Council or public
clarification.
1.3.6.6 Voice vote may be taken at the discretion of the Chair.
1.3.6.7 General consent vote may be taken at the discretion of the Chair, if there
are no negative votes or objections by Council Members.
1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and
recorded on any vote. (Charter § 505)
1.3.6.9 The ayes and noes shall be upon the passage of all ordinances and
resolutions and entered upon thejoumal of the proceedings of the
Council. (Charter § 505)
1.3.6.10 Following the vote the City Clerk shall announce whether the questions
have been carried or defeated.
1.3.6.11 Tie votes: Should a tie vote occur, the Council is required to continue the
item by majority vote or make motions until an action receives three
affirmative votes..
1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so.
13.7 PUBLIC COMINAENT (Written and Oral)
Members of the public may address the City Council in a variety of ways. Written comments
on agenda items are encouraged. As a courtesy-to the Council, citizens are encouraged to
present written comments at least one day prior to the meeting. This provides the Council
with a greater opportunity to review and consider issues and/or concerns expressed in written
communications prior to a meeting. Written comments received before, at or during a Council
meeting are included in the public record. (GC § 54957.5)
The Mayor will invite comments from the public in support of, or in opposition to, specific
agenda items following the staff report. Oral communications on matters that are not on the
agenda may be provided during the Public Comment period at the beginning of every meeting.
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The following are guidelines for providing oral public comments:
1.3.7.1 Immediately prior to scheduled public hearings, members of the public
may address the City Council on items that are not on the printed agenda,
or items on the Consent Agenda. A time limit of three minutes is
provided. A speaker slip must be filed with the City Clerk prior to the
beginning of the meeting.
1.3.7.2 Pursuant.to the Brown Act, action may not be taken on issues not listed
on the agenda. Staff may be asked to follow -up on such items.
1.3.7.3 Individuals desiring to speak shall:
1.3.7.3.1 Submit speaker slips to the City Clerk.
1.3.7.3.2 Address the Council from the podium after giving name and
city of residence. Speakers shall direct their comments to
the Council, not the audience.
1.3.7.3.3 Comment on the specific matter before the Council with
reasons for the position taken.
1.3.7.3.4 Limit comment to three (3) minutes until others have had
opportunity to address the Council. The Presiding Officer,
after all others have spoken, may allow additional brief
comment from speakers who have already commented on
the same agenda item.
1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying
as paid representatives, as defined in the Municipal Code
(2.64.020) and shall preface their comments by identifying
themselves as municipal advocates (2.64.050 & 2.64.070).
1.3.7.4 Applicants or applicant representatives or appellants desiring to speak
shall:
1.3.7.4.1.1 Submit speaker slips to the City Clerk.
1.3.7.4.1.2 Shall be permitted to speak first during the public
comment portion of the public hearing for not more
than ten (10) minutes.
1.3.7.4.1.3 Address the Council from the podium after giving
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their name and address, and/or the name and address
of the applicant/appellant they are representing. If the
applicant/appellant's representative is a paid
municipal advocate, they shall comply with Section
1.3.7.3.5 above.
1.3.7.5 After the public hearing is closed, no member of the public shall be
permitted to address the Council or the staff from the audience, except at
the discretion of the Presiding Officer.
1.3.8 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite
the meeting, therefore, only items that are routine, relate to implementation of approved
budget items or to City operations, are second readings of ordinances, or are items to be
later set for public hearing are to be placed on the Consent Agenda. Items of significant
neighborhood or community public interest should be heard as a Public Hearing or
Business item, and not placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on any item
without it being pulled from the Consent Agenda. When a Council
Member has a minor question for clarification concerning a consent item
that will not involve extended discussion, the item may be pulled for
clarification at the beginning of the meeting and the questions will be
addressed along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to seek
clarifications prior to the meeting (if at all possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to
register a dissenting vote, a request should be made that the item be pulled
for separate vote without discussion. Such items will also be handled at
the beginning of the meeting along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion. A member
of the public may request the Council to pull an item for discussion.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a
majority of the Council chooses another time.
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1.3.9 COMMUNICATIONS
1.3.9.1 The purpose of this time is to allow staff and Council to provide an update
or share information regarding a particular matter. Examples of
appropriate communications would be information of general interest
received from outside agencies, and comments or inquiries received from
individuals or from the public, or requests to agendize future items.
1.3.9.2 If possible, written material connected with a particular communication
item should be provided to the CAO sufficiently in advance of the
meeting to be distributed with the regular agenda materials.
1.3.9.3 State law provides that Council can take action only on such matters that
have been noticed at least three days in advance of the meeting, unless
special circumstances are found to exist. Formal action or approval on
non - agendized items is not allowed, and such an item should be placed on
the agenda of the next regular meeting.
1.3.9.4 The communications period should not exceed 15 minutes and speaking
to a particular item should be limited to five minutes.
1.3.10 CLOSED SESSIONS (closed to the public)
1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act.
1.3.10.2 No member of the Council, employee of the City, or anyone else present
shall disclose to any person the content or substance of any discussion
which takes place in a closed session unless authorized by a four - fifths
vote of the Council, or as otherwise required by law.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the
awareness and education of the general public regarding the actions and deliberations of the City
Council.
1.4.1 Coverage of City Council meetings shall be gavel - to-gavel; whether presented to
the public live or taped, Council coverage is not to be edited or subjected to
editorial comment..
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1.4.2 All City Council meetings shall be cablecast, except for meetings or portions of
meetings which are closed to the public, or when the Council directs otherwise.
1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and
operated only by City employees or persons under contract with the City.
1.4.4 Cameras shall be operated so that they are focused only on the officially
recognized speaker, and on any visually displayed information they may be
showing.
1.4.5 "Reaction" shots will not be permitted.
1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings.
1.4.7 Tips on the Dais.
1. Avoid saying things near a microphone you do not wish heard.
2. Ask all speakers to come forward to the podium. Speakers shall direct their
comments to the Council, not the audience. Discourage people from speaking
from the audience.
3. Certain colors of clothing present difficulties to the television system, and thus
can be distracting to viewers at home. White causes glare and makes the picture
around it appear dark, with loss of detail. Bright red and orange reproduce poorly
on television and can also cause glare problems. Clothing with fine patterns, such
as stripes and grids, can cause a rainbow effect in the picture that is extremely
distracting. Shiny objects that reflect light should be avoided. Good colors for
television include blues, greens, browns, grays, and most pastels.
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CHAPTER TWO
COUNCIL. COMPENSATION
Council compensation and benefits are established every other year by Council action after the
Council Compensation Committee conducts a biennial review and makes a recommend_ ation. See
Section 6 of this Chapter.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Effective January 1, 2001, compensation for services rendered in an official capacity shall be
provided as follows: Members of the City Council shall receive $900 per month; and the Mayor
shall receive a monthly salary of $1,100, .(Res. 9035, 2000 series).
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to city - funded participation in P.E.R.S.
retirement. The City shall contribute an amount equivalent to that received by City department
heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision
and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council
Members in cash.
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said allowance shall be used for
out -of -county expenses only and shall be reimbursed in accordance with accepted City Travel
Guidelines:
Annual Allowance:.
Council Member $1500
Mayor $1800
23.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE
For the cost of participating in the Annual Conference of the League of California Cities. The
City shall also reimburse the following costs for spousal participation, which is encouraged. .
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- Double room instead of a single room.
Spousal registration fees to attend Conference seminars (this does not include
reimbursement for recreational activities that may be offered by the League during
meeting activities).
Travel expenses only if a bus, train, or plane must be used rather than a city vehicle.
If the public official uses his/her personal vehicle, travel reimbursement shall be
provided only the employee.
Meals that spouses are expected to attend as part of directly- related Conference
activities will be reimbursed at the same per diem as the public official.
2.3.3 CHANNEL COUNTIES DIVISION MEETINGS
When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel
Counties Division of the League, the meal expense will be paid by the City with the authorization
of the City Administrative Officer.
23.4 START -UP ALLOWANCE
An additional professional development allowance up to $1,000 shall be budgeted to each new
Mayor and Council Member to help accelerate his/her comprehension of municipal and
legislative operations during the first 12 months following the taking of office.
2.4 CITY BUSINESS AND MILEAGE REMMURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows:
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used for
in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and
similar miscellaneous expenses.
Quarterly Expense Allowance:
Council Member $300
Mayor $450
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2.41 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon
submittal of an official mileage expense form:
Ouarterly Mileage Allowance:
Council Member $300
Mayor $450
25 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that
expenditures and reimbursements are in compliance with approved budget allocations. The Mayor
and each Council Member is expected to plan business activities so as to stay within his/her budget.
When exceptional circumstances require that additional amounts be allocated to accounts, formal
Council action shall be required.
25.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures
charged to the individual Council Member or Mayor. If any account is depleted prior to the
end of the fiscal year, additional allocations shall require a specific action of the City Council
Claims for reimbursement as specified in Section 4, above, may be submitted monthly but the
aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be
submitted within the fiscal year. The Council budget shall be available for review in the City
Clerk's Office and the Mayor and Council Members shall receive periodic statements.
25.2 REEWBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non -local professional
development and conferences. These guidelines include all non -local official meals, tuition or
fees, transportation to meeting sites, materials and telephone usage.
253 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council to
represent the City at special meetings, reimbursement shall be made from an unallocated
Travel Expense Account.
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25.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her participation
in a meeting or conference, the amount of the honorarium shall be deducted from the amount
normally provided by the City for that meeting or conference if the City paid for the Council
Member's attendance at such meeting or conference.
25.5 OTHER GUIDELINES
Any other travel - related issue not specifically governed in this resolution shall be adjudicated
in accordance with the City of San Luis Obispo adopted Travel Guidelines.
2.6 COUNCIL COMPENSATION COMMITTEE
A five -member review committee shall be appointed by January 31, in even - numbered years and
shall bring its proposed recommendations in resolution form to the City Council within 90 days, or
no later than May 1 st.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including but not
limited to, one previously elected official, one Personnel Board member, and one
citizen -at- large.
2.6.2 REVIEW RESPONSIBQ.ITY
The committee shall review the full Council compensation package including salary, benefits,
expense reimbursement, professional development allowances and any other compensation
provided the City Council.. Review should include, but shall not be limited to: 1)
compensation of Council and Mayors of, cities of similar population/budget size; 2)
compensation practices of both Charter and General Law cities; 3) Government Code
provisions for General Law cities; and 4) Council and Mayor responsibilities in San Luis
Obispo at the time of the committee's review; and, 5) any structural changes that may have
occurred in municipal government either as a result of State legislation or by actions of the
local electorate that may have added to or deducted from the duties and responsibilities of the
Council Members and/or Mayor.
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CHAPTER 3
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties
consistent with the office as may be imposed by the Council or by vote of the people.
The Mayor shall be entitled to, and must vote when present, but shall possess no veto
power. As presiding officer of the Council, the Mayor will faithfully communicate the
will of the Council majority to the Administrative Officer in matters of policy. (Charter
§ 407)
3.1.2 The Mayor shall present an annual work program to the Council for its consideration at
the first meeting in May. The Mayor shall have the responsibility for forwarding the
work program approved by the Council. The Mayor should submit the annual work
program at the beginning of the budget process to allow incorporation into the Council
goal- setting process. (Charter § 407)
The Mayor shall be recognized as the official head of the City for all ceremonial
purposes, and by the Governor for military purposes. In time of public danger or
calamity, the Mayor shall take command of the public forces, maintain order, and enforce
laws. (Charter § 406)
3.1.4 The Mayor may order flags flown on City property to be lowered to half -staff in
mourning for any member of the community designated to have made significant
contributions to the City of San Luis Obispo, in accordance with recognized customs or
practices not inconsistent with State and Federal law.
3.1.5 The Mayor shall exercise such other powers and perform such other duties as may be
prescribed by law or ordinance or by resolution of the Council, except as limited by this
Charter. (Charter § 407)
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis,
the appointment going to the next senior member. The Vice Mayor shall be appointed at the first
meeting in December.
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33 FILLING COUNCIL VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Chatter Section 406, the Council shall by a majority vote of the remaining Council
members, appoint a replacement member to the Council within 30 days of the occurrence of
the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it
shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90)
days or not later than one hundred and fifty (150) days following the occurrence of the
vacancy.
33.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted all phases of the
Council process to appoint a replacement member to a vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a
vacancy, the City shall advertise in a local newspaper of general circulation describing the
vacancy and term thereof, requesting applications from those persons interested in being
appointed.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1) residency
in the City for at least 30 days prior to appointment, and (2) elector status at the time of
appointment (City Charter § 403), each applicant shall be encouraged to submit a written
statement of 200 words or less covering at least the following areas:
3.3.4.1 The amount of time available each week to devote to the Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations, especially in the
preceding 23 -month period.
3.3.4.4 Personal qualifications for the position.
3.3.4.5 Prior experience in government, or areas associated with or doing
business with government.
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3.35 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be
held by the Council to consider the selection of an applicant to fill the
vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting each applicant wishing to serve should be present to verify
that they would be willing to serve if appointed, and that they are
residents of the City. Each candidate will be given five minutes to make a
presentation to Council.
3.3.5.5 Thereafter, all discussion shall be confined to the Council except for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to
nominations by the remaining Council Members. All nominations,
seconding, and voting, shall be done audibly in public.
3.3.5.7 If no person is appointed, the Council may adjourn the meeting from time
to time to attempt to reach a decision at any time within 30 days of the
occurrence of the vacancy.
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions and restrictions contained in this Charter and the delegation of power, if
any, to any person, officer, Board, or Commission, the Council shall have the power in the name of
the City, to do and perform all acts and things appropriate to a municipal corporation. and the
general welfare of its inhabitants and that are not specifically forbidden by the Constitution and
laws of the State of California, or which now or hereafter would be competent for this Charter to
specifically enumerate.
No enumeration or specific statement herein of any particular powers shall be held to be exclusive
of, or a limitation of, the foregoing general grant of powers. (Charter Section 501)
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3.5 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the attendance of witnesses, to examine them under oath and compel the
production of evidence before it. Subpoenas may be issued in the name of the City and be attested
by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as provided by the
general laws of the State. (Charter § 507)
3.6 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City
Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a
combination of both. This is not to be construed as prohibiting members of the Council from
serving on Committees or Subcommittees of the Council itself, or of agencies representing other
levels of government. (Charter § 508)
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly
made and passed.
Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All
municipal laws relating to taxation or to possible criminal action against an offender shall be in the
form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council.
(Charter § 601)
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant
state law. Ordinances not legally required to have a public hearing shall be set for a public hearing
if the subject matter is controversial or of a special nature. Any Council Member, prior to the time
required for notice and publication, may request the CAO to set a public hearing on an ordinance.
No ordinance, resolution or motion shall be passed or become effective without receiving the
affirmative vote of at least three members of the Council. (Charter § 506)
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3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and
consent to the recording of any deed or grant conveying any interest in or easement upon real
property to the City of San Luis Obispo.
3.10 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote
City goals, and defend the City against legislative actions by state and federal governments that
would weaken local government or take away traditional revenue sources. In order to respond
promptly and proactively to fast -paced legislative changes, the City Council has authorized City
staff to take positions on legislation provided the positions are consistent with the Legislative
Action Priorities established annually by the City Council, and/or resolutions or
recommendations of the League of California Cities.. (Resolution No. 8912)
3.11 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide
significance to cities. Because of the often short time limits for filing amicus curiae briefs, the
City Council has authorized the City Attorney to participate in such briefs, at no cost to the City,
if the Legal Advisory Committee of the League of California Cities has urged participation.
(Resolution No. 8443)
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CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown Act,
State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and
actions of local public agencies are conducted in open and public meetings. The law provides for
misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition,
violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to
all Council Members assuming office, but the provisions that most directly affect the Council are
summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more) members are
present and information about the business of the body is received;
discussions qualify fora meeting.
4.2.2.2 Serial meetings take place when any member of Council or City staff
contact more than two Council Members for the purpose of deliberating
or acting upon an item pending before the City Council (does not apply to
the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is acceptable.
(GC § 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must
meet various requirements. (GC § 54954.2)
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411 ACTIONS
No action shall be taken on any item not appearing on the posted agenda. Exceptions:
4.2.4.1 An emergency situation exists, (determined by a majority of the Council.)
4.2.4.2 That the need to take action came to the attention of the City subsequent
to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the
Council; or if less than 2/3 are present, by unanimous vote.)
4.2.4.3 The item was continued to another meeting that was scheduled and posted
within five days of the original agenda. (GC § 54954.2)
4.25 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public that
is within the jurisdiction of the Council. The City has the right to establish time limits on
speakers and the total time allocated for a particular issue. (GC § 54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or
interferes with the orderly conduct of the meeting.
A portion or all of the public may be removed if willful disruption makes conducting the
meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC §
54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a public meeting are
public records. (GC § 54957:5)
41.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with
the City's negotiator; the real property and the person(s) with whom the
City may negotiate must be announced in open session prior to the closed
session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to
initiate litigation; the litigation or title must be identified in open session
prior to the closed session unless the Council states that to do so would
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jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process. A confidential memorandum from the City
Attorney must be submitted to Council within one week of the closed
session. (GC § 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees; to review its position
and instruct designated representatives. (GC § 54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or
dismissal, of a public employee, or to hear complaint against the
employee, unless the employee requests a public hearing. (GC § 549576)
43 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with strict notification
requirements delivered to the media and Council 24 hours before the time of the meeting. (GC §
54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and posting requirements
if prompt action is required due to the disruption or threatened disruption of public facilities.
Only work stoppages, crippling disasters or other activities that severely impair the public health
and/or safety qualify for emergency meetings. (GC § 54956.5.)
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN
ACT
City email is no less a part of `official city business" than any other written correspondence, and
there is no expectation of privacy for city email messages. Good judgment and common sense
should therefore prevail at all times regarding its appropriate use. For further detail, please see the
City's "Electronic Mail Policy" and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is subject to the requirements
of the Brown Act. While the Brown Act does not prohibit the use of email to make individual
contacts between members of the Council, or the public or staff, great care should be taken to avoid
the use of email to contact a majority of the Council, either individually or serially, "in a connected
plan to engage in collective deliberation on public business."
4.6 OTHER PROVISIONS
The Brown Act provides for many other restrictions and requirements; this chapter is intended
merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the
provisions of the Brown Act. Since State law constantly changes, it is important.to ensure you have
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the latest information. Please check with the City Attorney and/or the City Clerk for more
information.
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CHAPTER FIVE
COUNCILISTAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence, or
otherwise guide and direct staff actions, decisions, recommendations, workloads and
schedules, departmental priorities, and the conduct of City business.
This chapter addresses the relationship and conduct between Council Members and staff with
the intent of the Council to: 1) affirm that governing shall be by will of the collective Council,
and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City
government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute Council policy
and actions taken by the Council, and to keep the Council informed.
5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted complete
freedom of access to any information requested of staff, and shall receive the full cooperation
and candor of staff in being provided with any requested information.
Council Members shall make routine requests for information through the appropriate
department head. Complex or comprehensive requests for information shall be made through
the CAO.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the CAO.
Individual members of the Council shall make no attempt to pressure or influence staff
decisions, recommendations, workloads, and schedules, and departmental priorities without
the prior knowledge and approval of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to keep the
Council informed. Staff shall present the Council with all relevant information, as well as
alternatives, in an objective, succinct manner. The CAO and staff are committed to treating
each Council Member equally.
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53.1 TIMELY RESPONSE .
City staff will make every effort to respond in a timely and professional manner to all requests
made by individual Council Members for information or assistance, provided that, in the
judgment of the City Administrative Officer the request is not of a magnitude, either in terms
of workload or policy, which would require that it more appropriately be assigned to staff
through the collective direction of the City Council. In terms of making this judgment, the
following guidelines should be considered: The request should be specific and limited in
scope so that staff can respond without altering other priorities and with only minimal delay to
other assignments; the request should only impose a 'one -time" work requirement, as opposed
to an on -going work requirement; the response to the request should not require a significant
allocation of staff resources (generally defined as consisting of more than one staff person, or a
single staff person working on the issue in excess of 1 -2 hours).
53.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole or from the
appropriate management superiors as may be the case. Staff is directed to reject any attempts
by individual members of the Council to unduly influence or otherwise pressure them into
making, changing or otherwise suppressing staff decisions or recommendations, or changing
departmental work schedules and priorities. Staff shall report such attempts to influence them
in confidence to the City Administrative Officer, who may inform the Council as a whole of
such attempts.
53.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council
Member designated by the City Council to represent the City in an intergovernmental role
(e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a
special task force).
5.3A INFORMATION DISTREBUTION
In cases where a staff response to an individual Council Member request involves written
material that may be of interest to other Council Members, the CAO will provide copies of the
material to all other Council Members. In making this judgment, the CAO will consider
whether the information is significant or new or otherwise not available to the Council or of
interest to the Council.
53.5 SIGNIFICANT INFORMATION
Any information, service - related needs, or policy positions perceived as necessary by
individual Council Members, which cannot be fulfilled per the above guidelines, should be
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raised by the individual Council Member under the "Communications" category of a regularly
scheduled City Council meeting. If so directed by the collective action of the Council, then
staff will proceed to complete the work within Council established deadlines.
5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY
SYSTEMS
5.4.1 TELEPHONES
The City will provide each Council Member with direct access to the City's telephone system'
from their homes. Information Technology (IT) staff will coordinate installation of a
telephone line and a telephone with voice mail and fax capability for Council Member use at
home while in office. The City's Telephone Use Policy applies to Council Member use of
these telephones.
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY
The City will provide each Council Member with a complete computer workstation and
related City - standard software for their home use while in office. These computers and
software will be upgraded or replaced pursuant to the City's computer replacement policy.
Council Member access and use of the City's IT is subject to all City guidelines concerning
the use of its information technology resources. The most important of these are:
• The City information systems exist solely for the purpose of conducting City
business, not intended for personal use;
• All data (including electronic mail messages) is owned by the City and subject to
public disclosure;
• All software and hardware installations should be made by IT staff. Except for
screensavers, personal software is not allowed on City workstations; and all
application software must be owned by the City and used in compliance with all
software licensing agreements.
All City information technology policies are included in the Information Technology
Policies and Procedures Manual, which is available for Council Member review upon
request.
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5.43 SECURITY
Each Council Member shall have a uniquely assigned user name and password for security
purposes. While this cannot guarantee privacy, confidentiality or data security, it is an
important component of the City's overall system protection. Passwords should never be
shared with others.
5AA INTERNET ACCESS
Council Members are authorized to use the City Internet connection, which includes electronic
mail, for the purpose of conducting City business and communicating with the public. The
City Internet Access and Use Policy is applicable to Council Members.
5.45 ELECTRONIC.MAIL (EMAIL)
Council Members will have access to the City electronic mail (Email) system that will allow
Email communication internal to the City and with others via the Internet. Email
correspondence sent and received by members of the City Council via the City website are
public records and subject to disclosure. The City Electronic Mail Policy is applicable to
Council Members.
5.4.6 SUPPORT RESPONSIBILITIES
5.4.6.1 IT staff is responsible for installing all remote access hardware and software,
including computer workstations, printers, telephones and fax machines, and
for removing them at the end of the Council Member's term of office.
5.4.6.2 Administration will coordinate training on standard City application software,
technical support and service, and provide related office supplies.
5.4.7 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources in
accordance with the City's normal polices, procedures, and guidelines.
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CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS
Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to
each City advisory body (includes commissions, committee and boards). The subcommittee shall
consist of the Chair and one Member. (See 6.6.2 for appointment procedures).
Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit
to express the position of the Council and to gain a better understanding of the issues considered by
the advisory body.
6.1.1 COMMUNICATION.
The purpose of the liaison assignment is to facilitate communication between the Council and
advisory body.
6.1.2 EDUCATION
Increase the Council's familiarity with the membership, programs and issues of the advisory
body.
6.13 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the full Council.
61A ATTENDANCE
From time to time, attend commission:meetings for observation purposes only. (ABH § II,C)
Liaison members should be sensitive to the fact that they are not participating members of the
advisory body, but are there rather to create a linkage between the City Council and advisory
body. In interacting with advisory bodies, Council Members are to reflect the majority view of
the Council as a whole, rather than their own personal opinions.
6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional
committees and boards. One member of the Council shall serve as a voting representative and
one member shall serve as alternate. (See 6.6.2 for appointment procedures). Voting
delegates shall reflect the majority view of the Council as a whole, rather than their own
personal opinions.
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6.3 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address areas of
concern and/or study.
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.4.1 INTENT
To honor advisory body deliberations, views and positions on issues before Council; enhance
communications between Council and their advisory bodies; and allow participation and input
by advisory body members.
6.4.2 COUNCIL AGENDA REPORTS
6.4.2.1 Recommendation Differences. For those rare occasions when the CAO
recommendation differs from an advisory body recommendation, the
difference should be clearly noted in a separate paragraph following the
CAO recommendation. The Discussion section contains information
relating to the advisory body recommendation.
6.4.2.2 The minutes of the advisory body item are included as an attachment to
the Agenda Report.
6.43 COUNCIL MEETINGS
6.4.3.1 On appeals or items brought by or through the advisory body, the Chair
(or Vice Chair, when the Chair is not available) may be seated next to the
department head. The department head makes the introduction, then the
Chair of the advisory body makes a brief presentation, representing the
position of the advisory body.
6.4.3.2 Other members of the advisory body are free to appear and give testimony
before Council using the public microphone, after identifying whether
they are speaking as a representative of the advisory body or as a private
citizen. (ABH § III,&Lg)
6.4.4 RECOMMENDATIONS
Recommendations or Reports to Council must be in written form. (ABH § III,B. Lb).
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6.5 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory bodies do not have
supervisory authority over City employees. While they may work closely with advisory bodies,
staff members remain responsible to their immediate supervisors and ultimately to the CAO and
Council. The members are responsible for the functions of the advisory body and the chairperson is
responsible for committee compliance with the policies outlined in the Advisory Body Handbook.
(ABH § HD)
Staff support includes preparation of a summary agenda after approval by the Chairperson, and
preparation of agenda reports providing a brief background of the issue, a list of alternatives,
recommendations, and appropriate backup material, if necessary. Members of advisory bodies are
volunteers and should be treated with respect and courtesy. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the issues. The assigned
staff person serves as Secretary, taking minutes as needed. (ABH § HD)
It is important that advisory bodies wishing to communicate recommendations to the City Council
do so through adopted or approved Council agenda procedures. Staff members shall assist the
advising body Chair to insure appropriate legal review or City and State legislation is in
compliance. (ABH § II,D)
6.6 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment of
volunteer citizens to the various advisory bodies of the City.
6.6.1 PURPOSE
The establishment of these procedures shall insure that well- qualified, responsible and willing
citizens are given the opportunity to serve the City and participate in the governing of their
community. These procedures will. apply to all appointments and reappointments to standing
advisory bodies.
6.6.2 COUNCIL SUBCOMMITTEE LIAISONS
Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in
December. The Mayor and Vice Mayor shall submit recommendations to the full Council,
rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for
each member to serve as liaison at least once on each advisory body, when possible. When
terms of office do not allow each member to serve once, members with greatest seniority shall
have first right of selection. (ABH § M,C.6)
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6.7 PROCESS
6.7.1 QUALIFICATIONS
0
6.7.1.1 The applicant must be a resident and registered voter of the City at the
time and during the entire term of appointment, unless excepted by State
law or special circumstances such as deed restrictions. (ABH § III,C)
6.7.1.2 The applicant must be at least 18 years of age at the time of appointment.
(ABH § M,C)
6.7.1.3 No member of the Council may be appointed to any office created or the
compensation of which is increased by the Council, while a member
thereof, until one year after the expiration of the term for which elected.
(Charter §409).
6.7.2 TERMS
6.7.2.1 The term of office for each appointee to an advisory body shall be from
one year to a maximum of four years. The length of a term is dictated by
the principle that no more than two terms on any committee shall expire
each year. (ABH § M,D)
6.7.2.2 No appointee shall serve on the same advisory body for more than two
consecutive, full terms (eight years), but may subsequently serve on
another advisory body unless noted otherwise. Some exceptions include:
The Housing Authority, Jack House Committee and Tree Committee.
(ABH § M,D)
6.7.2.3 After a one -year interval, persons may reapply to serve on the same
advisory body..
6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee
from serving two additional consecutive full terms, provided that the
initial, partial term served is less than one year. (ABH § MD)
6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be
appointed to serve on more than one advisory body, except that a member
may also serve on one technical or special- purpose committee at the same
time. If appointed to another committee, he /she will be expected to resign
from one body upon being appointed to another. (ABH § III,C.S)
Council Policies & Procedures Manual 2004 Adopted 4/20/04 by Resolution No. 9554 (2004 Series)
Page 35
6.73
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PROCESS
6.7.3.1 Applications are obtained and filed with the City Clerk's Office. (ABH
§ III,C.1)
6.7.3.2 In February of each year, the City Clerk shall advise the City Council of
the terms that are due to expire on each advisory body. The City Clerk
shall also notify each advisory member whose term is due to expire. Each
of these members shall be given the opportunity to apply for
reappointment unless the member has then served a total of eight (8) years
on that advisory body.
6.7.3.3. The Council Liaison Subcommittee reviews the current applications and
determines the recruitment process, including whether to advertise. (ABH
§ M,C.3) If the committee is a technical or special purpose committee
(Board of Appeals, Jack House Committee, Joint Recreational Use of
School District Property Committee, Mass Transportation Committee, or
Tree Committee), the City staff representative and Chair are invited to
participate in determining the recruitment process.
6.7.3.4. The City Clerk shall then place an ad in the local newspaper, inviting
citizens to apply for consideration as an appointment to an advisory body,
6.7.3.5 The applicant reads the Advisory Body Handbook and attends at least one
meeting prior to the interview with the Council Liaison Subcommittee..
6.7.3.6 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend (if the Chair is being considered for
reappointment, the Council Liaison Subcommittee shall designate another
representative). (ABH § III,C.3) If the vacancy is fora technical or
special- purpose committee (Board of Appeals, Jack House Committee,
Joint Recreational Use. of School District Property Committee, Mass
Transportation Committee, or Tree Committee), the City staff
representative will be invited.
6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for
appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached, the Council shall
take a separate motion for each candidate proposed by each member of
the Council Liaison Subcommittee. (ABH § III,C.3)
6.7.3.8 Applicants not appointed will be advised and their applications held for
consideration in the event of a future vacancy for no less than one year.
(ABH § III,C.4)
Council Policies & Procedures Manual 2004 Adopted 4/20/04 by Resolution No. 9554 (2004 Series)
Page 36
0 0
6.7.3.9 The Subcommittee may prepare a list of all qualified candidates that they
interview. Such list shall be filed with the City Clerk and may be used as
a basis for appointments to fill vacancies that may occur during the year.
Council appointment of a particular term is required.
Council Policies & Procedures Manual 2004 Adopted 4/20/04 by Resolution No. 9554 (2004 Series)
Page 37
RESOLUTION NO. 9553 (2004 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE
FEDERAL FARMLAND PROTECTION PROGRAM (FPP) FOR THE
PROJECT KNOWN AS BRUGHELLI EASEMENT ACQUISITION
WHEREAS, the Congress of the United States has established the Farmland Protection
Program, administered by the U. S. Department of Agriculture, Natural Resources Conservation
Service, and through said program is providing assistance to conserve important agricultural land
resources that are subject to land use conversion pressures; and
WHEREAS, the City of San Luis Obispo has an active program designed to acquire
agricultural conservation easements on one or more areas surrounding the City in cooperation with
landowners for the purpose of conserving important agricultural resources; and
WHEREAS, Ercole and Naomie Brughelli have indicated their desire to sell a conservation
easement on 160 acres of land on their property, which land meets the eligibility requirements for
enrollment in the FPP.
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 assistance from the Federal
Farmland Protection Program for the above 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 Council Member Settle, seconded by Council Member Ewan and on the following
roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
R 9553
Resolution No. 9553 (2004 Series)
Page 2
The foregoing resolution was adopted this 2e day of April, 2004.
Mayor David Romero
ATTEST•.,
i
l `
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
Jo t . Lowell
City Attorney
0 0
RESOLUTION NO. 9552 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR VESTING TENTATIVE TRACT MAP NO. 2447
(1144 Walnut Street)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of public testimony, the
subdivider's request, staff recommendations and reports thereon, found that the one -year time
extension is justified because:
The sub - divider has made reasonable progress toward fulfilling tract
conditions.
2. This is the applicant's initial request for an extension, which is consistent with
the San Luis Obispo Municipal Code, Section 16.16.180 that allows the
Council to extend the time for filing the final tract map for periods up to and
not exceeding three years.
3. The time extension is subject to the condition that the final map shall be
prepared and improvements shall be constructed and installed in compliance
with the approved tentative tract map.
SECTION 2. Action. That a one -year time extension for filing the final map for Vesting
Tentative Tract Map No. 2447 is granted to March 19, 2005, subject to the original findings,
conditions, and mitigation measures of tentative map approval, as specified in City Council
Resolution No. 9297 (2002 Series).
On motion of Council Member Settle, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20`s day of April 2004.
R9552
City Council Resolution N. 9552 (2004 Series) �J
Page 2of2
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
J P. Lowell
City Attomey
W, M., e e Me —0 r 2m, ro, e !'-
NIa • D. • F. Romero
l i
RESOLUTION NO. 9551(2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REMOVING 581 DANA STREET FROM THE
CITY'S LIST OF CONTRIBUTING HISTORIC PROPERTIES
WHEREAS, at a public hearing on February 23, 2004 the Cultural Heritage Committee
recommended the City Council remove the property known as 581 Dana Street from the City's
Contributing List of Historic Resources; and
WHEREAS, the City Council conducted a public hearing on April 6, 2004 and has
considered testimony of interested parties, the records of the Cultural Heritage Committee
hearing and action, and the evaluation and recommendation of staff; and
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 the 581 Dana Street
property, finds that it does not meet the Historic Resource Criteria For Building Evaluation and
Recommendations as listed in the Historic Preservation Program Guidelines, Criteria for Building
Evaluations, based on the following findings:
1. The house and accessory building have not retained their original architectural character.
2. The property's historic character has been adversely affected by changes to its setting and
environmental context.
3. The property no longer contributes to the historical or architectural character of the
neighborhood in which it is located.
4. Adaptive rehabilitation is not a feasible option due to the exceptionally poor structural
condition of the house.
5. No evidence has been presented that the property is historically significant.
SECTION 2. Removal of Contributin status. tatus. The property at 581 Dana Street is
hereby removed from the City's Contributing Historic Properties list.
On motion of Council Member Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
R 9551
Resolution No. 9551 (2004 Series)
Page 2
The foregoing resolution was passed and adopted this 6t' day of April, 2004.
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
Jonath . Lowell
City Attorney
Mayor David F. Romero
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RESOLUTION NO. 9550 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A LOT LINE ADJUSTMENT WITH
EXCEPTIONS TO THE LOT AREA AND WIDTH
REQUIREMENTS FOR PROPERTY LOCATED AT
1720 SANTA ROSA STREET, (LLA 173 -03).
WHEREAS, the City Council conducted a public hearing on April 6, 2004, and has
considered testimony of the applicant, interested parties and the evaluation and recommendation
of staff; and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exceptions are in substantial compliance 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.
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 the proposed project
(LLA 173 -03), the applicant's statement, staff recommendations and reports thereof, makes the
following findings:
1. 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.
2. 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.
3. The site is physically suited to the type and density of development allowed in the R -3
zone.
4. The proposed lot line adjustment is categorically exempt from environmental review,
pursuant to Section 15305 of the CEQA Guidelines.
R 9550
Resolution No. 9550 (2004 Series)
Page 2
5. The property to be divided is of such size or shape, or is affected by such site or
topographic conditions, that it is impossible, impractical or undesirable, in this particular
case, to conform to the strict application of the regulations codified in Title 16 of the
Municipal Code (Subdivision Regulations) because the site is constrained by the location
of an existing residential structure and adjacent structures that would need to be moved,
demolished or modified to provide a corner lot that meets the minimum standards for area
and width.
6. The cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the modification because the adjustment will simply increase the
conformance of the existing property conditions, and allow the existing residential
structure to remain in its present location without the need for building demolition or
relocation.
7. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the resulting parcels are consistent with
the lot area and dimensions of other properties in the vicinity and future development will
need to comply with the Zoning Regulations and Community Design Guidelines for new
development.
8. Granting the modification 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 because the proposed lot design will minimize conflicts between
adjacent properties and is designed to help support a desirable living environment on the
site.
SECTION 2. Ainroval. The request for approval of the Lot Line Adjustment (LLA 173-
03) with exceptions to the Subdivision Regulations for lot area and width, is hereby approved
subject to the following conditions.
Conditions:
1. All future development on the affected properties shall comply with the provisions of the
Zoning Regulations, including building height, setbacks, lot coverage and parking, unless
said exceptions are approved by the City as exceptions to the Zoning Regulations.
2. 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 the recording and processing fees, and an 8' /z" x 11" map
exhibit suitable for recording, to the Public Works Director for review, approval and
recordation, based on samples available in the Community Development Department.
Resolution No. 9550 (2004 Series)
Page 3
3. A separate exhibit showing all existing public and private utilities shall be approved to
the satisfaction of Community Development Director and Public Works Director prior to
recordation of the LLA. The utility plan shall include water, sewer, storm drains, gas,
electricity, telephone, cable TV, and any utility company meters for each parcel if
applicable. Any utility relocations shall be completed with proper permits prior to
recordation of the ILA. Otherwise, easements shall be prepared and recorded to the
satisfaction of the Community Development Director, Public Works Director and serving
utility companies.
4. Building setbacks, eave overhangs, exterior wall protection, utility locations, and utility
relocations or easements if applicable shall be shown to comply with all codes and
ordinances for all properties included in the LLA to the satisfaction of the Building
Official.
5. A revised parking and driveway agreement shall be reviewed by the City prior to
recordation of the lot line adjustment. The agreement shall be recorded in conjunction
with the lot line adjustment.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan,. Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 6`h day of April, 2004.
ATTEST:
N
Lee Price, C.M.C.
City Clerk
Mayor David F. Romero
Resolution No. 9550 (2004 Series)
Page 4
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
m
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