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RESOLUTION NO. 9724 (2005 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FARE STRUCTURE FOR SAN LUIS OBISPO TRANSIT
WHEREAS, the current fare policy for San Luis Obispo Transit was approved by City
Council on November 19, 1996; and
WHEREAS, the current Fare Policy does not include all valid fare media accepted on San
Luis Obispo Transit; and
WHEREAS, cash and prepaid fares on SLO Transit changed on January 4, 2004 in
accordance to the Council adopted Short Range Transit Plan; and
WHEREAS, staff presented the Fare Policy Update to the Mass Transportation Committee
on July 13, 2005; and
WHEREAS, the Mass Transportation Committee recommended approval of the new fare
policy including new: a) 1- Day-Pass, b) 3 -Day Pass; c) 5 -Day Pass; d) 7 -Day Pass, and e) 31-
Day Student Pass; and
WHEREAS, the City Council determines that an approved fare policy and rate structure is
in the best interests of the City, SLO Transit riders and the general public; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to the following fare structure on San Luis Obispo Transit in accordance to Exhibit A.
Upon motion of Council Member Mulholland, seconded by Council Member Brown and on
the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of August 2005.
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Resolution No. 9724 (2005 Series)
Page 2
Mayor David F. Romero
ATTEST:
Audrey Ho per
City I
APPROVE TO FORM:
J mrd an P. Lowell
City Attorney
EN
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EXHIBIT A
1. REGULAR CASH FARE
a. Fare is $1.00 per boarding.
b. Available to any passenger
2. SENIOR/DISABLED CASH FARE
a. Fare is $0.50 per boarding.
b. Available to passengers who are 62 years of age or more Requires valid photo
identification at the time of boarding
c. Available to persons with disabilities with valid identification
3. TROLLEY CASH FARE
a. Fare is $0.25 per boarding
b. Available to any passenger
c. Passes, transfers, and Cal Poly Student pass not accepted, with the exception of
the 3 -Day Visitor Pass.
d. 3 -Day Visitor's Pass is accepted on the trolley.
4. REGULAR 31 DAY PASS AND MONTHLY PASS
a. Fare is $30.00 for unlimited rides
b. Valid for 31 Days or the month purchased.
c. Issued by City of San Luis Obispo
d. Valid only on San Luis Obispo Transit
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley
f. Regular 31 -Day Passes can be purchased any time and are valid for 31 days from
the first day of use.
g. Regular Monthly Pass should be purchased prior to month for use, and are valid
only for the month purchased.
5. SENIOR/DISABLED 31 DAY AND MONTHLY PASS
a. Fare is $10.00 for unlimited rides.
b. Valid for 31 days or the month purchased.
c. Issued by City of San Luis Obispo
d. Valid only on San Luis Obispo Transit
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley
f. Available to passengers who are 62 years of age or more (Requires valid photo
identification at the time of purchase)
g. Available to persons with disabilities with valid identification
h. Senior/Disabled 31 Day Passes can be purchased any time and are valid for 31
days from the first day of use.
i. Senior/Disabled Monthly Passes should be purchased prior to month for use, and
are valid only for the month purchased.
6. PROMOTIONAL SCRIPT
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a. Book of 20 tickets is $20.00.
b. One ticket is good for one ride.
c. Valid only on San Luis Obispo Transit
d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley
e. Issued by City of San Luis Obispo
f. Available to any passenger
7. 1 -DAY PASS
a. Fare is $3.00 for unlimited rides for ldays.
b. Valid for 1 day from validation date or from first day of use
c. Issued by City of San Luis Obispo
d. Valid only on San Luis Obispo Transit
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley
f. Available to any passenger
g. At the latest, implement in FY 2006 -07
8. 3 -DAY PASS
a. Fare is $5.00 for unlimited rides for Iday
b. Valid for 3 days from validation date or from first day of use
c. Issued by City of San Luis Obispo
d. Valid only on San Luis Obispo Transit
e. Valid on any SLO Transit bus route and the Downtown Trolley
f. Available to any passenger
9. 5 -DAY VISITOR'S PASS
a. Fare is $7.00 for unlimited rides during 5 days
b. Valid for 5 days from validation date or from first day of use
c. Issued by City of San Luis Obispo
d. Valid only on San Luis Obispo Transit
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley
Available to any passenger
f. At the latest, implement in FY 2006 -07
10.7 -DAY VISITOR'S PASS
a. Fare is $10.00 for unlimited rides during 7 days.
b. Valid for 7 days from validation date or from first day of use
c. Issued by City of San Luis Obispo
d. Valid only on San Luis Obispo Transit
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley
f. Available to any passenger
g. At the latest, implement in FY 2006 -07
11.31 -DAY STUDENT PASS
a. Fare is $20.00 for unlimited rides for 31 days.
b. Valid for 31 days from validation date or from first day of use
c. Valid only on San Luis Obispo Transit
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d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley
e. Issued by City of San Luis Obispo
f. Available to students from Kindergarten to 12`s Grade with valid identification.
g. Valid identification would include driver's license proving to be the age 18 or
younger or valid school photo /non -photo identification.
12. SLO TRANSIT TRANSFERS
a. Fee is $0.00 (FREE).
b. SLO Transit passenger must request a transfer when boarding the bus.
c. Issued by SLO Transit driver
d. Available to any SLO Transit passenger
e. Valid on any SLO Transit bus route, except on the Downtown Trolley
13. RTA REGIONAL TRANSFERS
a. Fee is $0.75
b. Issued by RTA bus driver
c. Accepted from any RTA bus rider
d. Valid on any SLO Transit bus route, except on the Downtown Trolley
14. UNIVERSAL PASSES
a. Must use the appropriate number coupons to equal appropriate cash fare (i.e.
regular or Senior/Disabled) on SLO Transit.
b. Accepted on any bus, dial -a -ride, and paratransit systems in San Luis Obispo
County
c. Accepted on Downtown Trolley
d. Issued by San Luis Obispo Regional Transit Authority
e. Available to any passenger and general public
15. RTA MONTHLY REGIONAL PASSES
a. Valid for month purchased.
b. Issued by San Luis Obispo Regional Transit Authority
c. Valid only on San Luis Obispo Transit, San Luis Obispo Regional Transit
Authority, and SCAT
16. CAL POLY PHOTO ID
a. Fare is prepaid by Cal Poly State University
b. Eligible to Cal Poly students, staff, faulty with valid Cal Poly photo identification.
c. Valid per to the terms of the current Cal Poly Fare Subsidy Agreement
d. Issued by Cal Poly
e. Valid only on San Luis Obispo Transit bus routes, except on Downtown Trolley
17. GOLD PASS
a. Fare is $0.00 (FREE). Parking Fund reimburses usage.
b. Eligible to downtown employees, except Cal Poly students
c. Must be validated monthly with recent payroll stub and photo ID
d. Issued by City of San Luis Obispo
e. Valid only on San Luis Obispo Transit
f. Valid on any SLO Transit bus route, except on the Downtown Trolley
18. HOME DEPOT (and others as approved) Flash Pass
a. Fare is $0.00. The Air Pollution Control District reimburses usage.
b. Eligible to employees at the San Luis Obispo Home Depot
c. Issued by City of San Luis Obispo
d. Valid only on San Luis Obispo Transit bus routes, except on the Downtown
Trolley.
19. SUMMER YOUTH PASS
a. Valid from Memorial Day weekend to Labor Day weekend.
b. Unlimited rides during effective period.
c. Valid on participating transit operators and services.
d. Issued by San Luis Obispo Transit Authority.
20. TRANSIT PROGRAM
a. No fare for City Transit Program personnel conducting City business.
b. City Transit Program personnel are required to pay appropriate fare for non -city
related trips (i.e. commute trips, personal trips).
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RESOLUTION NO. 9723 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A VESTING TENTATIVE TRACT MAP FOR AN EIGHT LOT
RESIDENTIAL COMMON INTEREST SUBDIVISION WITH EXCEPTIONS FOR
TANDEM PARKING AND REDUCED SIDE YARD SETBACKS, FOR PROPERTY
LOCATED AT 499 BRIZZOLARA STREET; TR/ER 09 -05 (TRACT 2691)
WHEREAS, the Planning Commission conducted a public hearing on July 13, 2005, and
recommended approval of the project; and
WHEREAS, the City Council conducted a public hearing on August 16, 2005, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; 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, presented at
said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council, after consideration of the vesting tentative tract map for
an eight lot residential common interest subdivision with exceptions for tandem parking and
reduced side yard setbacks, and considering the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, makes the following findings:
A. Subdivision Map findings
1. As conditioned, the design or improvement of the proposed subdivision is consistent with the
General Plan Map for Medium Density Residential because each dwelling has access to a
satisfactory private and communal open space area sheltered from ambient noise sources, and
the development would occur as part of the neighborhood pattern along Brizzolara.
2. 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 is close to public transit
and associated services.
3. As conditioned, the site is physically suitable for the proposed density of development .
because the site is adjacent to an existing residential neighborhood and there are existing
roadways and services available to serve the development in accordance with City standards.
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Resolution No. 9723 (2005 Series)
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4. 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 contains provisions to preserve and protect the creek.
5. The design of the subdivision, or type of improvements, is not likely to cause serious public
health problems because the development is of a similar scale to surrounding development.
Additionally, new construction will be designed to meet existing building and safety codes.
6. 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.
7. 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.
8. The project will be reviewed by the City's Architectural Review Commission for consistency
with the Community Design Guidelines prior to approval.
9. All affected public facilities, services, and utilities are adequate to serve the proposed project.
10. The location, size, site planning, building design features, and operating characteristics of the
project are suited to the characteristics of the site and surrounding neighborhood, and will be
compatible with the character of the site, and the land uses and development intended for the
surrounding neighborhood by the General Plan.
11. The site is adequate for the project in terms of size, configuration topography, and other
applicable features (as conditioned), and has appropriate access to public streets with
adequate capacity to accommodate the quantity and type of traffic expected to be generated
by the use.
12. As conditioned, the establishment, maintenance, or operation of the proposed project will
not be detrimental to the health, safety, or general welfare of persons residing or working in
the vicinity of the proposed use, or detrimental or injurious to property and improvements in
the neighborhood or to the general welfare of the City.
B. Findings to allow other yard building height exceptions and tandem parking
1. The request for 5 -foot side yard setback reductions to allow building heights in excess of 12-
feet are minor exceptions that contribute to the compact form of the project and are
appropriate given the size of the units and overall scale of the project.
2. The side yard setback reductions are minor in nature, involving only an insignificant portion
of total solar exposure available in the side yards.
3. No significant fire protection, emergency access, privacy or security impacts are likely to
result from the side yard setback reductions as 10 feet will be maintained between structures
on adjacent properties.
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Resolution No. 9723 (2005 Series)
Page 3
4. Tandem parking is a logical parking design solution for some of the units since the tandem
parking spaces will be for the exclusive use of the occupants of each unit supplying the
tandem parking.
5. There will be adequate parking available for the development as ample guest parking will be
provided for those visiting the site.
SECTION 2. Approval of the vesting tentative tract map for an eight lot residential common
interest subdivision with exceptions for tandem parking and reduced side yard setbacks, hereby
approved subject to the following conditions and code requirements:
1. An affordable housing agreement consistent with the draft affordable housing proposal shall
be submitted for review and approval of the Community Development Director prior to
proceeding to the Architectural Review Commission for final approval.
2. The project shall be forwarded to the Architectural Review Commission to review the project
design for consistency with the Community Design Guidelines.
5. No parking, paving, or site construction shall be allowed within the creek setback unless
approved as part of the common interest subdivision and development as shown on the
approved plans.
6. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent
with SLO Municipal Code Section 16.40.080.
7. 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.
8. Prior to the occupancy of the new units a covenant shall be recorded to ensure that new
bedrooms are not added in the future. The covenant for Lot 1 shall state that the unit not
exceed 3- bedrooms, while the homes on Lots 2 -8 shall be restricted to 1- bedroom each.
9. The sidewalk adjacent to lot 1 shall be modified so as to allow the Magnolia Tree to be
retained.
Conditions and code requirements from other departments:
The following code requirements are included for information purposes only. They serve to give
the applicant a general idea of other City requirements that will apply to the project. This is not
intended to be an exhaustive list as other requirements may be identified during the plan check
process.
Resolution No. 9723 (2005 Series)
Page 4
Right of Way /Access
1. Additional public right -of -way or public pedestrian easements may be necessary to
accommodate driveway approach improvements required for Americans with Disabilities Act
(ADA) compliance, to the satisfaction of the Public Works Director.
2. Complete street improvements along Brizzolara Street are required and shall be constructed in
accordance with the most current City regulations, City of San Luis Obispo Engineering
Standards and Standard Specifications (improvements include but are not limited to: integral
curbs, gutters & 2m sidewalks, full width street pavement, signing, striping, barricades, street
trees, street lights, etc.).
The subdivider shall dedicate a 2m wide public utility easement and a 3m wide street tree
easement across the frontage of each lot. Said easement shall be adjacent to and contiguous
with all public right -of -way lines bordering each lot.
4. The internal driveway and turnaround area curbs shall be painted red and properly signed and
stenciled as a "Fire Lane" per the Fire Department's "Developer's Guide" in order to prohibit
parking in unauthorized areas and preventing access in case of emergencies.
5. The project public improvement plans shall identify the locations of the required bicycle
parking areas per the City standards.
Water, Sewer & Utflities
6. The proposed on -site sewer main will be privately owned and maintained by the Homeowner's
Association.
The subdivider shall place underground, all existing overhead utilities along the public street
frontage(s), to the satisfaction of the Public Works Director and utility companies.
Grading & Drainage
10. The developer shall process and complete a Federal Emergency Management Agency Letter
of Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance
of any development. Any buildings identified in the hydrology study to be subject to
flooding during a 100 -yr storm shall be graded to provide floor elevations of at least 1 foot
above the 100 -yr storm elevation. Any garage floors below the 100 -yr storm elevation shall
be elevated or wet flood - proofed according to FEMA Guidelines.
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Resolution No. 9723 (2005 Series)
Page 5
On motion of Council Member Allen, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
The foregoing resolution was passed and adopted thisl6th day of August 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoope
City Clerk
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
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RESOLUTION NO. 9722 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE LAND USE ELEMENT MAP FROM LOW -
DENSITY RESIDENTIAL TO MEDIUM - DENSITY RESIDENTIAL, FOR PROPERTY
LOCATED AT 499 BRIZZOLARA STREET; GP 09 -05
WHEREAS, the Planning Commission conducted a public hearing on July 13, 2005, and
recommended approval of the project; and
WHEREAS, the City Council conducted a public hearing on August 16, 2005, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; 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, presented at
said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the proposed
project, and reflects the independent judgment of the City Council. The Council hereby adopts
said Negative Declaration and incorporates the following mitigation measures into the project:
Cultural Resources
1. In the event archaeological resources are unearthed or discovered during any grading or
construction activities all work shall cease, and the City of San Luis Obispo Community
Development Department shall be notified so that the extent and location of discovered
materials may be recorded by a qualified archaeologist, and disposition of artifacts may be
accomplished in accordance with state and federal law.
2. In the event archaeological resources are found to include human remains, or in any other
case where human remains are discovered during construction, the County Coroner is to be
notified in addition to the Community Development Department so that proper disposition
may be accomplished.
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Resolution No. 9722 (2005 Series)
Page 2
Monitoring Program:
Community Development Department Staff will ensure compliance with standards through
periodic site inspections during project construction.
Hydrology and Water Quality
3. The drainage easement along the Northerly boundary shall be a minimum of 15 -feet wide or
the storm drain shall be relocated to the proposed main driveway within a 15 -wide easement.
4. The developer shall process and complete a Federal Emergency Management Agency Letter
of Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance
of any development. Any lots or building pads, identified in the hydrology study to be
subject to flooding during a 100 year storm shall be graded to provide minimum pad
elevations of at least 1 foot above the 100 year storm elevation.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community Development
Department staff.
Noise
5. The final project design shall comply with all recommendations of the April 18, 2005
acoustical analysis prepared by Dohn Associates for the attenuation of indoor noise levels at
the project site.
6. The final project design shall include an earthen berm with dense plantings along the
Brizzolara Street frontage. Plantings shall include groundcover, large bushes and hedges, and
trees to maximize the effectiveness of the berm in reducing noise transmission. Additionally,
a six -foot high sound wall shall be constructed 10 -feet back from Brizzolara Street along the
portion of Brizzolara Street adjacent to the 10 -foot rear yard of Lot 5.
7. The final project design shall be revised to show the second -story bedroom on Lot 5 on the
eastern side of the home, farthest from Highway 101 noise.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community Development
Department staff.
Public Services
8. The internal driveway and turnaround area curbs shall be painted red and properly signed and
stenciled as a "Fire Lane" per the Fire Department's "Developer's Guide" in order to prohibit
parking in unauthorized areas and preventing access in case of emergencies. The prohibition
Resolution No. 9722 (2005 Series)
Page 3
from parallel parking along the street shall be enforced by the Homeowner's Association and
the City.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community Development
Department staff.
Transportation/Traffac
9. The Conditions, Covenants, and Restrictions (CC &R's) for the project shall include a
requirement, to be enforced by the Homeowner's Association and the City, that all garages
must be available for parking a vehicle at all times.
10. The Conditions, Covenants, and Restrictions (CC &R's) for the project shall include a
requirement, to be enforced by the Homeowner's Association and the City, that there be no
parking in the driveway of Lot 8 at any time.
11. The uncovered parking space along the east side of Lot 8 shall utilize pavers or a comparable
permeable paving material. Details of the materials that will be used shall be included on the
final project design.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of the CC &R's and
detailed plans submitted for architectural review and building permit primarily by the
Community Development Department staff.
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community Development
Department staff.
Utilities and Service Systems
12. The proposed on -site sewer main will be privately owned and maintained by the
Homeowners Association.
13. The subdivider shall place underground, all existing overhead utilities along the public street
frontage(s), to the satisfaction of the Public Works Director and utility companies.
14. The final project shall be designed to include locations for the collection of recyclable
materials and sufficient space shall be provided for each unit to store a waste wheeler for
recycling service from the local garbage company.
Resolution No. 9722 (2005 Series)
Page 4
Monitoring Program:
Compliance with this requirement shall be monitored through the review of the CC &R's and
detailed plans submitted for architectural review and building permit primarily by the
Community Development Department staff.
SECTION 2. That this Council, after consideration of the amendment to the Land Use
Element Map from Low- Density Residential to Medium- Density Residential, and considering the
Planning Commission's recommendations, staff recommendations, public testimony, and reports
thereof, makes the following findings:
1. Amendment of the General Plan Map from Low- Density Residential to Medium- Density
Residential is consistent with the General Plan text policies that encourage the preservation .
and expansion of existing residential neighborhoods and increased residential density in close
proximity to existing services.
2. A Medium- Density residential land use designation is appropriate for this site since it allows
a transition between the existing Medium -High Density Residential (R -3 -S) development to
the north and Low Density Residential (R -1 -PD) development to the south
3. A Medium- Density residential land use is appropriate for the site and compatible with the
land use pattern of adjacent properties along Brizzolara Street.
4. The land use amendment and project will implement the City's goal of maintaining a
compact urban form by increasing the maximum density allowed and more fully utilizing the
potential of this site, which is close to the downtown planning area and is within walking
distance to shops and services.
5. Allowing the land use amendment will implement the City's Housing Element Policies that
encourage sustainable and affordable housing projects.
SECTION 3. The Land Use Element Map is hereby amended as shown on Exhibit A.
SECTION 4. The Community Development Director shall cause the amendment to be
reflected in documents, which are on display in City Hall and are available for public viewing
and use.
Resolution No. 9722 (2005 Series)
Page 5
0
On motion of Council Member Allen, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Mulholland, and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 16th day of August 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
PA
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General Plan Map Legend
-+-� Stenner Creek
® General Plan Boundary
GPR/R/ER 9 -05 M499 Brizzolara
499 Erizzolara ® Highway 101
RESOLUTION NO. 9721(2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND
ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR THE
GEARHART/MCBRIDE ANNEXATION
AT 1413 CALLE JOAQUIN; SLO COUNTY ANNEXATION # 71
(CITY FILE # ANNEX 237 -04)
WHEREAS, in the case of a jurisdictional change which will alter the service area or
responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the
amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment
to be exchanged among the affected local agencies shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between the City
Council and the Board of Supervisors of the County; and
WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local agency,
upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept
the negotiated exchange of property tax revenues, if any, and annual tax increment and requires
that each local agency transmit a copy of each such resolution to the Executive Officer of the
Local Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the
County Auditor of the exchange of property tax revenues by transmitting a copy of said
resolution to him and the County Auditor shall therefore make the appropriate adjustments as
required by law; and
WHEREAS, the City of San Luis Obispo (City) and the County of San Luis Obispo
(County) have previously agreed to a property tax exchange methodology pursuant to Joint
Resolution No. 01 -96 which provides that in the case of undeveloped property, all of the "base"
property tax revenues will be retained by the County, with incremental property tax revenues to
be apportioned between the County and City as follows: in the case of land pre -zoned for non-
residential uses (such as retail, offices or manufacturing), the County will receive all of the
incremental property tax revenues; and in the case of land pre -zoned for residential uses, the
County will receive 66% of the incremental property tax revenues it would otherwise have
received from the Tax Rate Area, and the City will receive the remaining 34 %.
WHEREAS, the negotiations have taken place concerning the transfer of property tax
revenues and annual tax increment between the County and the City pursuant to Section 99(b) for
the jurisdictional change designated as Annexation No. 71 to the City (Gearhart/McBride
Annexation); and
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Resolution No. 9721 (2005 Series)
Page 2
WHEREAS, the representatives of the negotiating parties have negotiated the exchange
of property tax revenue and annual tax increment between such entities as hereinafter set forth;
and
WHEREAS, it is in the public interest that such negotiated exchange of property tax
revenues and annual tax increment be consummated.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, as follows:
1. The recitals set forth above are true, correct, and valid.
2. The City agrees to accept the following negotiated exchange of base property tax
revenues and annual tax increment:
a. No existing base property tax revenue shall be transferred from the County to
the City.
b. Because the property contains a total of 25.6 acres with 12.7 acres (50 %) of
developable land to be pre -zoned Service - Commercial, and the remaining 12.9
acres (50 %) pre -zoned Open Space, any future property tax increment on the
Service - Commercial land shall also be retained by the County.
c. If development of the open space area of the site is ever pursued, then the
County reserves the right to renegotiate with the City regarding a revised
formula for the property tax increment.
d. The City will receive all sales tax revenue resulting from commercial
development on the site.
3. Upon receipt of a certified copy of this resolution and a copy of the recorded
certificate of completion, the County Auditor shall make the appropriate
adjustments to property tax revenues and annual tax increments as set forth above.
4. The City Clerk is authorized and directed to transmit a certified copy of the
resolution to the Executive Officer of the San Luis Obispo Local Agency
Formation Commission, who shall then distribute copies in the manner prescribed
by law.
Resolution No. 9721 (2005 Series)
Page 3
On motion of Council Member Brown, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 16`h day of August 2005.
< � U= 0 e r 4e
Mayor David F. Romero
ATTEST:
Audrey Ho o er
City Clerk
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
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RESOLUTION NO. 9720 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PROPOSED TENTATIVE PARCEL MAP
IN CONJUNCTION WITH THE CONSIDERATION OF THE
GEARHART/MCBRIDE PROPERTY ANNEXATION AND DEVELOPMENT PROJECT
LOCATED AT 1413 CALLE JOAQUIN
(CITY MAP NO.MS 237 -04; COUNTY MAP NO. 04-0615)
WHEREAS, the Planning Commission on July 13, 2005, held a public hearing on the
proposed Gearhart/Mc Bride Property Annexation and Development Project; and considered
proposed Tentative Parcel Map No. MS 237 -04 (County Map No. SLO 04- 0615); and
WHEREAS, the City Council conducted a public hearing on August 16, 2005, and has
duly considered all evidence, including the testimony of the applicant and other interested
parties, the record of the Planning Commission hearing, and the evaluation and recommendation
of staff, both in written reports and as presented at said hearing; and
WHEREAS, the City Council finds that the proposed tentative parcel map is consistent
with the General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental_ Determination. The City Council finds and determines that
the project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project entitlements in accordance with the California
Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent
judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration
incorporating all of the mitigation measures listed in Exhibit B into the project (Mitigation
R 9720
Resolution No. 9720 (2005 Series)
Page 2
Monitoring Program).
SECTION 2. Findings. That this Council, after consideration of Tentative Parcel Map
No. 237-04 (County Map No. SLO 04- 0615), staff recommendations and reports thereof, makes
the following findings:
1. As conditioned, the design of the tentative map and proposed improvements are
consistent with the General Plan and its policies, specifically LUE Policy 3.6.7 A. which
calls for the expansion of auto sales in the vicinity of the existing Auto Park Way area.
2. The site is physically suited for the type and density of development allowed in the C -S
zone in that the proposed parcels comply with minimum lot dimensions and parcel area
standards.
3. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat, since further development or
redevelopment of the proposed parcels will require architectural review, which will allow
for detailed review of development plans to assure compliance with City plans, policies,
and standards.
4. As conditioned, the design of the subdivision will not conflict with easements for access
through (or use of property within) the proposed subdivision.
SECTION 3. Conditions. Tentative Parcel Map No. 237 -04 (County Map No. SLO 04-
0615) is approved subject to the following conditions and code requirements:
Conditions
1. The final map shall indicate the general location of the Bob Jones City to the Sea bicycle
path traveling through the property consistent with approved City plans. The path shall
be located to minimize impacts to the open space area in terms of other goals such as
continued crop production and protection of sensitive natural resources. Specific plans
for the development of the path through the site shall be to the review and approval of the
Architectural Review Commission.
2. Any grading within the open space area of the proposed subdivision that is required to
reduce the loss of floodplain storage to a less that significant level shall be performed in
such a way that agriculture operations can continue using conventional irrigation
practices. Conventional irrigation requires slopes less than two percent.
Resolution No. 9720 (2005 Series)
Page 3
3. In order to mitigate project specific impacts stemming from the proposed project, prior to
issuance of any building permits, the project applicants shall make "fair share"
contributions to the City's Los Osos Valley Road Sub Area Fee (LOVR Sub Area Fee)
program for the Calle Joaquin Relocation Project. The City was, at the time the project
application was deemed complete, in the process of recalculating the LOVR Sub Area
Fee to reflect revised costs for the project and changes to land uses in the area. If, at the
time of issuance of permits, the LOVR Sub Area Fee program has not been modified to
reflect the costs of the necessary Calle Joaquin Relocation Project, the applicant (or
subsequent property owners) shall be responsible for paying current LOVR Sub Area Fess
fees plus a mitigation fee based upon the estimated cost differential between the current
and the subsequently modified fee, as calculated by the Director of Public Works.
4. In order to mitigate cumulative project traffic impacts stemming from the proposed
project, prior to issuance of any building permits, the project applicants shall make "fair
share" contributions to the City's Los Osos Valley Road Sub Area Fee (LOVR Sub Area
Fee) program for the cost of upgrading the LOVR/US 101 Interchange. The City was, at
the time the project application was deemed complete, in the process of recalculating the
LOVR Sub Area Fee to reflect revised costs for the project and changes to land uses in
the area. If, at the time of issuance of permits, the LOVR Sub Area Fee program has not
been modified to reflect the costs of the necessary LOVR/US 101 Interchange project, the
applicant (or subsequent property owners) shall be responsible for paying current LOVR
Sub Area Fess fees plus a mitigation fee based upon the estimated cost differential
between the current and the to be subsequently modified fee, as calculated by the Director
of Public Works.
5. The final map shall reflect a change in the length of the extension of Calle Joaquin to
serve the development by terminating the cul -de -sac about midway into Lot No.4. The
former right -of -way area to the north of the revised cul -de -sac shall be added to Lot No.
5, the open space lot. This area shall be utilized to provide additional landscaping along
the project frontage.
6. The approximately 11 -foot wide area between the proposed extension of Calle Joaquin
and the adjacent Highway 101 right -of -way shall be planted with a variety of
groundcovers and low shrubs to the approval of the Architectural Review Commission.
Code Requirements
The following code requirements are included for informational purposes only. They serve
to give the applicant a general idea of other City requirements that will apply to the project.
This is not intended to be an exhaustive list as other requirements may be identified during
the plan check process. The project will be subject to all codes and requirements in effect at
the time of building permit application.
C� O
Resolution No. 9720 (2005 Series)
Page 4
All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall
be tied to the City's Horizontal Control Network. At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel map.
All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
2. 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.
On motion of Council Member Brown, seconded by Council member Settle, and on the following
roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 16th day of August 2005.
Mayor David F. Romero
ATTEST:
at4z:�� C
Audrey I per
City Clerk
Resolution No. 9720 (2005 Series)
Page 5
APPROVED AS TO FORM:
O
nath . Lowell v
City Attomey
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n
RESOLUTION NO. 9719 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PROPOSED GENERAL PLAN MAP AMENDMENT THAT
RECONFIGURES THE BOUNDARY BETWEEN THE EXISTING LAND USE
DESIGNATIONS ON THE SITE OF SERVICES AND MANUFACTURING AND OPEN
SPACE IN CONJUNCTION WITH THE CONSIDERATION OF THE
GEARHART/MCBRIDE PROPERTY ANNEXATION AND DEVELOPMENT PROJECT
LOCATED AT 1413 CALLE JOAQUIN (GPA 237 -04)
WHEREAS, the Planning Commission on July 13, 2005, held a public hearing on the
proposed Gearhart/Mc Bride Property Annexation and Development Project; and considered the
proposed amendments to the General Plan Land Use Element (LUE) Map; and
WHEREAS, there were insufficient votes at the July 13, 2005 Planning Commission
hearing to either recommend approval or denial of the requested General Plan amendment, the
Planning Commission opted to "...transmit the proposed amendment to the Council with a report
explaining the situation stating the recommendations of the individual commissioners," as
authorized by SLOMC s. 17.80.060 E.
WHEREAS, the City Council conducted a public hearing on August 16, 2005, and has
duly considered all evidence, including the testimony of the applicant and other interested
parties, the record of the Planning Commission hearing, and the evaluation and recommendation
of staff, both in written reports and as presented at said hearing; and
WHEREAS, the City Council finds that the proposed General Plan Amendment is
consistent with the General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
MI ONM
Resolution No. 9719 (2005 Series)
Page 2
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project entitlements in accordance with the California
Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent
judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration
incorporating all of the mitigation measures listed in Exhibit B into the project (Mitigation
Monitoring Program).
SECTION 2. General Plan Amendment Approval & Findings. The General Plan
Amendment included as part of City Application No. GPA 237 -04, which amends the Land Use
Element Map by reconfiguring the boundary between the existing land use designations of Open
Space and Services & Manufacturing for the annexation known as the Gearhart/McBride
Annexation, as shown on the attached Exhibit A, is hereby approved, based on the following
findings:
1. The proposed General Plan Amendment is a minor amendment to the Land Use Element
Map because it is a boundary change only which retains the existing Open Space and
Services & Manufacturing designations for the site with the same relative proportions of
the overall site area intact (50% each).
2. The revised land use configuration benefits the potential for long -term agricultural
operations on the property because the proposed open space area will be immediately
adjacent to the open space areas of adjacent properties subject to LUE Policy 1.13.5 E.
3. The proposed Services & Manufacturing Land Use Element Map designation for the
12.75 -acre portion of the site planned for the auto sales uses is consistent with the goals
and policies of the General Plan, specifically LUE Policy 3.6.7 A. which calls for the
expansion of auto sales in the vicinity of the existing Auto Park Way area.
4. The proposed Open Space Land Use Element Map designation for the 12.90 -acre portion
of the site planned for open space and continued agricultural operations is consistent with
Land Use Element Policy 1.13.5.E. which calls for long -term protection of sensitive
habitat and prime agricultural soils.
5. The submitted master plan in conjunction with the Tentative Parcel Map and exhibits
fulfills the intention of LUE Policy 1.13.3, Required Plans, which calls for the master
planning of proposed annexation areas so that the City has an adopted plan showing the
u
Resolution No. 9719 (2005 Series)
Page 3
project layout, physical development plan, required open space protection, and provision
of streets and utilities.
SECTION 3. Adoption.
1. The Land Use Element Map is hereby amended as shown in Exhibit.A.
2. The Community Development Director shall cause the change to be reflected in
documents, which are on display in City Hall and are available for public viewing
and use.
On motion of Council Member Brown, seconded by Council Member Settle, and on the following
roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 16th day of August 2005.
Mayor David F. Romero
AZ T:
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
r
Jon P. Lowell
City Attorney
I ).. :j 6
EXHIBIT B
REQUIRED MITIGATION AND MONITORING PROGRAMS
Aesthetics
Final project design shall require architectural review to assure that impacts to scenic resources are
addressed in accordance with City policy. The Architectural Review Commission (ARC) will review
site design, building architecture, building materials, colors, grading, lighting, landscaping and
signage for consistency with the General Plan policies for viewshed protection and the City's
Community Design Guidelines. The following standards .shall supplement established City policy
that may apply to the project site:
a. All free- standing exterior light fixtures shall have a maximum height of twenty feet as measured
from the fixture to finished grade. All lighting shall incorporate fully shielded light sources, with
illumination levels at or below 50 -foot candles when measured below the light source at finished
grade. Light levels at and beyond the property lines shall not exceed I foot- candle. The City
shall review a complete lighting plan and photometrics plan as part of the construction plans to
ensure lighting compliance.
b. The site plan shall respect the edge of the City's Urban Reserve Line and design the landscape
plan and site improvements in order to create a "soft edge" and aesthetically pleasing transition to
adjacent agricultural land outside of the City limits. Native tree and shrub plantings, and
adequate landscaped setbacks shall be utilized to achieve this.
c. Building height and placement shall be designed to retain views from Highway 101 through the
site. As viewed from southbound traffic lanes, views of the Irish Hills shall be retained. As
viewed from the northbound lanes, views of Cerro San Luis and surrounding vistas shall be
retained. A combination of increased building setbacks, reduced building height, and significant
corridors between buildings shall be utilized to achieve this. Photo simulations may be requested
with development packages submitted for architectural review to evaluate compliance with this
requirement.
• Monitoring Program:
The ARC will review development plans for all four individual dealership sites. City staff, including
Planning and other departments, will review plans to assure that all of the ARC's requirements related to
aesthetics, landscaping and lighting have been incorporated into working drawings.
Agricultural Resources
2. The existing structure and all associate infrastructure within the proposed open space area (former
border patrol office and carport and associated utilities) shall be removed from the site.
• Monitoring Program:
The City's Natural Resources Manager will oversee the developer's donation of the open space property
to the City. Necessary agreements to assure the removal of the existing buildings would be a condition of
the property transfer.
ER 237 -04 (Gearhart/McBride Proper, O
Page 2 �
Air Quality
3. The following mitigation measures are designed to reduce temporary and intermittent air pollution
associated with grading and construction of the proposed project. The following dust mitigation
measures are required at the start and maintained throughout the duration of the construction or
grading activity:
a. Reduce the amount of the disturbed area where possible;
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency would be required whenever wind speeds exceed
15 mph. Reclaimed (nonpotable) water should be used whenever possible;
c. All dirt stock -pile areas should be sprayed daily as needed;
d. Permanent dust control measures identified in the approved project revegetation and landscape
plans should be implemented as soon as possible following completion of any.soil disturbing
activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial
grading should be sown with a fast - germinating native grass seed and watered until vegetation is
established;
f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil
binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at
least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks
and equipment leaving the site, and
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads.
Water sweepers with reclaimed water should be used where feasible.
1. Maintain all construction equipment in proper tune according to manufacturer's
specifications.
m. Fuel all off -road and portable diesel powered equipment, including but not limited to
bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors,
auxiliary power units, with ARB certified motor vehicle diesel fuel (non -taxed version
suitable for use off - road).
n. Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's.
1996 or newer certification standard for off -road heavy -duty diesel engines.
o. No person shall engage in any construction or grading operation on property where the area to be
disturbed is greater than one (1.0) acre unless an Asbestos Dust Mitigation Plan for the operation
has been:
i. Submitted to and approved by the Air Pollution Control District before the start of any
construction or grading activity; and
ii. The provisions of that dust mitigation plan are implemented at the beginning and maintained
throughout the duration of the construction or grading activity.
ER 237 -04 (Gearhart/McBride Prope(^ 'annexation
Page 3
4. The following mitigation measures are designed to eliminate project operational phase emissions.
The APCD indicates that measures a -d are required standard mitigation and that at least 6 of the
measures included in a -u are also required:
a. Provide on -site bicycle parking.
b. Provide on -site eating, refrigeration and food vending facilities to reduce lunchtime trips;
c. Provide shower and locker facilities to encourage employees to bike and/or walk to work,
typically one shower and three lockers for every 25 employees; and
d. Increase building energy efficiency rating by 10% above what is required by Title 24
requirements. This can be accomplished in a number of ways (increasing attic, wall or floor
insulation, etc.).
e. Increased street tree planting.
f. Shade tree planting in parking lots to reduce evaporative emissions from parked vehicles.
g. If the project is located on an established transit route, improve public transit accessibility by
providing transit turnouts with direct pedestrian access to project or improve transit stop
amenities.
h. Improve the pedestrian environment.
i. Implement a Transportation Choices Program. The applicant should work with the
Transportation Choices Coalition partners for free consulting services on how to start and
maintain a program. Contact SLO Regional Rideshare at 541 -2277.
j. Provide incentives to employees to carpool /vanpool, take public transportation, telecommute,
walk, bike, etc.
k. Implement compressed work schedules.
1. Participate in an employee "flash- pass" program, which provides free travel on transit buses.
m. Shade tree planting along southern exposures of buildings to reduce summer cooling needs.
n. Use roof material with a solar reflectance value meeting the EPA/DOE Energy Star® rating
to reduce summer cooling needs.
o. Use built -in energy efficient appliances, where applicable..
p. Use double -paned windows.
q. Use low energy parking lot and street lights (i.e. sodium).
r. Use energy efficient interior lighting.
s. Use low energy traffic signals (i.e. light emitting diode).
t. Install door sweeps and weather stripping if more efficient doors and windows are not
available.
u. Install high efficiency or gas space heating.
e Monitoring Program:
Community Development staff will review building permit plans to assure that air quality mitigations
are noted on plans and that other needed information is specifically shown. The applicant will need
to demonstrate that he has contacted and worked with APCD staff on some of the requirements.
Biological Resources
5. Final construction and site development plans shall include a detailed landscaping plan that addresses
the creek setback area and 200 foot buffer area that is to be preserved as open space. The landscape
plan shall provide for native plant and tree species adjacent to the creek bank. The plan shall note the
removal of any invasive or non - native species (i.e. castor beans, vinca etc.) of trees or plants within
the creek and setback area. A qualified landscape architect shall prepare the plan.
ER 237 -04 (Gearhart/,McBride Propc^ annexation
Page 4
a. The landscape plan shall provide a demarcation (in the form of a wood -rail fence) of the habitat
areas along the creek area to the west of the site from the use areas (i.e, parking lot and building).
The plan shall incorporate the recommendations of the City's Natural Resources. Manager.
b. The landscape plan shall specify protection for creek vegetation during construction which shall
include temporary fencing that clearly demarcates the extent of sensitive habitat not to be
disturbed. The City's Natural Resources Manager shall be called to do an inspection prior to any
vegetation removal and to review installed protection devices in the field prior to the
commencement of grading activities and/or construction. The plan shall also contain a specific
schedule for the long -term monitoring of plantings.
c. No parking lot or roadway drainage shall be directly routed to the Prefumo Creek area without
adequate filtration methods such as an oil /water separator or bioswale planted with grasses and
groundcover species designed for such use. A bioswale within a designated landscape area is the
preferred method of water filtration prior to entering the creek.. If feasible, bioswales may be
constructed in the open space area to accept nuisance water and provide biofiltration prior to
release. To accomplish this, a portion of the drainage ditch along the southwestern property
boundary may be utilized as a bioswale.
d. Light levels in the vicinity of Prefumo Creek shall be less than .5 foot candle and extensive
screening landscape (native trees and shrubs) shall be planted between the project site and the
creek area to reduce potential light intrusion into the riparian habitat.
6. The existing low -water crossing in Prefumo Creek shall be abandoned, the eroding roadbed stabilized,
and willows and cottonwoods replanted in the abandoned roadway.
7. As shown on the proposed land use plan for the site and the Tentative Parcel Map, a construction
setback of at least 100 feet from the top of the Prefumo Creek channel shall be maintained to reduce
impacts to riparian trees and allow open ground beyond the top of bank for bio- filtration of storm
water.
• Monitoring Program:
The ARC will review development plans for all four individual dealership sites. City staff, including
Planning and other departments, will review plans to assure that all of the ARC's requirements related to
the buffer treatment, riparian landscaping and lighting have been incorporated into working drawings.
Community Development staff will coordinate with the City's Natural Resources Manager throughout the
process to assure that appropriate plant materials are selected for any riparian area re- vegetation and other
requirements of the biological assessment are followed.
Cultural Resources
S. If excavations encounter significant paleontological resources, archaeological resources or cultural
materials, then construction activities which may affect them shall cease until the extent of the
resource is determined and appropriate protective measures are approved by the Community
Development Director. The Community Development Director shall be notified of the extent and
location of discovered materials so that they may be recorded by a qualified archaeologist.
9. If pre- historic Native American artifacts are encountered, a Native American monitor should be called
in to work with the archaeologist to document and determine appropriate action (remove or preserve
on site) the items. Disposition of artifacts shall comply with state and federal laws. A note
concerning this requirement shall be included on the grading and construction plans for the project.
ER 237 -04 (Gearhart/McBride Prop ;Annexation
Page 5
• Monitoring Program:
Community Development Department staff will review working drawings to assure that these mitigation
measures become a part of plans.
Energy and Mineral Resources
10. The project development shall incorporate the following features where feasible:
a. Skylights to maximize natural day lighting.
b. Operable windows to maximize natural ventilation.
c. Energy - efficient. lighting systems for both interior and exterior use.
d. Substitute solid sawn lumber with engineered lumber.
e. Install compact fluorescent bulbs.
f. Install energy star rated appliances
• Monitoring Program:
Community Development staff, including both Building and Planning, will review working drawings to
assure compliance.
Geology and Soils
11. Grading and construction must be designed and performed in compliance with the soils engineering
report prepared by Buena Geotechnical Services, December 31, 2004.
• Monitoring Program:
The Community Development Department staff will review the recommendations included in the soils
engineering report along with working drawings submitted for a building permit.
Hazard and Hazardous Materials.
12. The project design shall comply with the Airport Land Use Plan Policies designed to protect airspace.
The final project design shall be reviewed for consistency with ALUP Policies 4.5.3 (hazards to air
navigation) and 4.6.2 (avigation and noise easements).
• Monitoring Program:
The Community Development Department staff will coordinate with the County of San Luis Obispo staff
that regularly works with the Airport Land Use Commission regarding the recordation of avigation and
noise easements.
Hydrology and Water Quality
13. All site drainage shall be directed towards the public right -of -way unless other provisions are
approved by the City. In no cases shall site drainage from parking and auto storage areas be directed
towards a storm drain system that enters a creekway unless filtered through a bioswale, fossil filter,
oil & water separator or other City approved method.
14. The project shall, where feasible, utilize porous paving, landscaping, or other design element to
reduce surface water runoff in driveways, parking areas or vehicle display areas consistent with Land
Use Element Policy 6.4.7.
ER 237 -04 (Gearhart/McBride Propert,� ncxation
Page 6 \�"
15. The project shall comply with the City's Waterways Management Plan (2004 edition) and any
additional recommendations prescribed by the Hydrologic and Hydraulic Report prepared by KC
Design Group, May 18, 2005.
• Monitoring Program:
The City's Public Works Department as reviewed the hydrologic and hydraulic report submitted by the
applicant and determined that it is in compliance with the City's Waterways Management Plan. The
Community Development Department & Public Works Department staffs will review plans to assure that
drainage facilities are consistent with this study and any special requirements imposed by ARC review.
Traffic
16. The applicant shall contribute its fair share of Los Osos Valley Road interchange sub -area fees as
determined by the Deputy Director of Public Works.
17. Until signalization of the Calle Joaquin and Los Osos Valley Road intersection is completed,
employee shifts shall be limited to the hours of before 4:00 p.m. and after 5:30 p.m. to lessen impacts
to the intersection.
• Monitoring Program:
The Public Works Department will determine the amount of applicable fees. The Community
Development will oversee the staggered work schedule requirement.
Utilities and Service Systems
18. To help reduce the waste stream generated:,
a. The project shall include convenient facilities for interior and exterior on -site recycling.
b. The project shall include a solid waste recycling plan for recycling discarded materials, such as
concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for
approval by the City's Solid Waste Coordinator or the Community Development Director, prior to
building permit issuance.
c. Recycled- content materials shall be used in structural and decorative building components of the
project and in surfacing wherever feasible.
e Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans submitted for
architectural review and building permit primarily by the Community Development Department staff with
consultation with the Utilities Department.
The above mitigation measures are included in the project to mitigate potential adverse environmental
impacts. Section 15070(b)(1) of the California Administrative Code requires the applicant to agree to the
above mitigation measures before the proposed Mitigated Negative Declaration is released for public
review. The Architectural Review Commission through final review of project plans, and City staff, and
in some cases, other agencies, will review detailed project plans through building and grading plan
checks, and occupancy release inspections, to accomplish compliance with these mitigation measures as
discussed in detail in the monitoring programs above.
L:Gearhart Environmental ReviewExhibit C (Mitigation Monitoring Program)
C» • ;�
RESOLUTION NO. 9718 (2005 Series)
A RESOLUTION OF RECOMMENDATION
BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION
APPROVE THE GEARHART/MCBRIDE PROPERTY ANNEXATION
AND DEVELOPMENT PROJECT LOCATED AT 1413 CALLE JOAQUIN
(ER, ANNX, GPA, R, MS 237 -04; LAFCO ANNEXATION NO. 71)
WHEREAS, the Planning Commission on July 13, 2005, and the City Council on August
16, 2005, have held public hearings on the proposed Gearhart/Mc Bride Property Annexation and
Development Project; and
WHEREAS, the Council has approved the amendment of the Land Use Element Map for
the annexation known as the Gearhart/Mc. Bride Property Annexation by reconfiguring the
boundary between the existing land use designations of Services & Manufacturing and Open Space
as shown on the attached Exhibit A; and
WHEREAS, the Council has approved the amendment of the Zoning Map for the
annexation known as the Gearhart/Mc Bride Property Annexation by prezoning: 12.7 acres of the
property to C -S, Service - Commercial, and 12.9 acres as C /OS -20, Conservation/Open Space with
a 20 -acre minimum parcel size; to be consistent with the amended LUE map designations
already described and as shown on the attached Exhibit B; and
WHEREAS, the City Council finds and determines that the project's Mitigated Negative
Declaration adequately addresses the potential significant environmental impacts of the proposed
project entitlements in accordance with the California Environmental Quality Act and the City's
Environmental Guidelines, and reflects the independent judgment of the Council. The Council
hereby adopts the Mitigated Negative Declaration incorporating all of the mitigation measures
R 9718
Resolution No. 9718 (2005 Series)
Page 2
listed in Exhibit C into the project (Mitigation Monitoring Program).
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local
Agency Formation Commission to initiate formal annexation proceedings;
WHEREAS, the territory proposed to be annexed is uninhabited, and a description of the
boundaries of the territory is set forth in Section 2; and
Obispo.
WHEREAS, this proposal is consistent with the Sphere of Influence of the City of San Luis
THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as follows:
SECTION 1. Findings.
1. The annexation is appropriate since it is within the City's Urban Reserve Boundary, and
the site is contiguous to the City.
2. The annexation of the site is a logical addition to the City due to its location in relation to
existing urban development.
3. Annexation and development of a portion of this property is anticipated by the General
Plan Land Use Element (LUE) map and text, specifically LUE Policies 1. 13.5 E. & 8.8
4. The proposed General Plan Amendment is a minor amendment to the Land Use Element
Map because it is a boundary change only which retains the existing Open Space and
Services & Manufacturing designations for the site with the same relative proportions of
the overall site area intact (50% each)..
5. The submitted master plan in conjunction with the Tentative Parcel Map and exhibits
fulfills the intention of LUE Policy 1.13.3, Required Plans, which calls for the master
planning of proposed annexation areas so that the City has an adopted plan showing the
project layout, physical development plan, required open space protection, and provision
of streets and utilities.
SECTION 2. Annexation Area Described. The annexation consists of approximately 25.6
acres, bounded on its east side by Highway US 101, and located immediately northeast of
Kimball Motors, in the City of San Luis Obispo, County of San Luis Obispo, Assessor's Parcel
Number 067 - 242 -012 & 067 - 242 -013, as shown on the attached map, Exhibit D, and legally
described in the attached Exhibit E.
Resolution No. 9718 (2005 Series)
Page 3
SECTION 3. Council Recommendation. The City Council recommends that the Local
Agency Formation Commission of San Luis Obispo County approve the proposed annexation
subject to property owner compliance with city requirements regarding environmental mitigation
and public improvements as described in the project's EIR, in accordance with California
Government Code Section 56844 et seq.
SECTION 4. Implementation. The City Clerk shall forward a copy of this resolution,
General Plan Amendment Resolution and Prezoning Ordinance, and all pertinent supporting
documents to the Local Agency Formation Commission.
NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by
the City Council of the City of San Luis Obispo.
On motion of Council Member Brown, seconded by Council Member Allen, and on the
following roll call vote:
AYES: Council Members Allen and Brown, Vice Mayor Ewan and Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 16th day of August 2005.
Mayor David F. Romero
ATTEST:
Audrey per
City Cle
Resolution No. 9718 (2005 Series)
Page 4
APPROVED AS TO FORM:
Jo alb . Lowell
City Attorney
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EXHIBIT C
REQUIRED MITIGATION AND MONITORING PROGRAMS
Aesthetics
Final project design shall require architectural review to assure that impacts to scenic resources are
addressed in accordance with City policy. The Architectural Review Commission (ARC) will review
site design, building architecture, building materials, colors, grading, lighting, landscaping and
signage for consistency with the General Plan policies for viewshed protection and the City's
Community Design Guidelines. The following standards shall supplement established City policy
that may apply to the project site:
a. All free- standing exterior light fixtures shall have a maximum height of twenty feet as measured
from the fixture to finished grade. All lighting shall incorporate fully shielded light sources, with
illumination levels at or below 50 -foot candles when measured below the light source at finished
grade. Light levels at and beyond the property lines shall not exceed 1 foot- candle. The City
shall review a complete lighting plan and photometrics plan as part of the construction plans to
ensure lighting compliance.
b. The site plan shall respect the edge of the City's Urban Reserve Line and design the landscape
plan and site improvements in order to create a "soft edge" and aesthetically pleasing transition to
adjacent agricultural land outside of the City limits. Native tree and shrub plantings, and
adequate landscaped setbacks shall be utilized to achieve this.
c. Building height and placement shall be designed to retain views from Highway 101 through the
site. As viewed from southbound traffic lanes, views of the Irish Hills shall be retained. As
viewed from the northbound lanes, views of Cerro San Luis and surrounding vistas shall be
retained. A combination of increased building setbacks, reduced building height, and significant
corridors between buildings shall be utilized to achieve this. Photo simulations may be requested
with development packages submitted for architectural review to evaluate compliance with this
requirement.
• Monitoring Program:
The ARC will review development plans for all four individual dealership sites. City staff, including
Planning and other departments, will review plans to assure that all of the ARC's requirements related to
aesthetics, landscaping and lighting have been incorporated into working drawings.
Agricultural Resources
2. The existing structure and all associate infrastructure within the proposed open space area (former
border patrol office and carport and associated utilities) shall be removed from the site.
• Monitoring Program:
The City's Natural Resources Manager will oversee the developer's donation of the open space property
to the City. Necessary agreements to assure the removal of the existing buildings would be a condition of
the property transfer.
ER 237 -04 (Gearhart/MeBride Prope,., Annexation
Page 2
Air Quality
3. The following mitigation measures are designed to reduce temporary and intermittent air pollution
associated with grading and construction of the proposed project. The following dust mitigation
measures are required at the start and maintained throughout the duration of the construction or
grading activity:
a. Reduce the amount of the disturbed area where possible;
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency would be required whenever wind speeds exceed
15 mph. Reclaimed (nonpotable) water should be used whenever possible;
c. All dirt stock -pile areas should be sprayed daily as needed;
d. Permanent dust control measures identified in the approved project revegetation and landscape
plans should be implemented as soon as possible following completion of any soil disturbing
activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial
grading should be sown with a fast - germinating native grass seed and watered until vegetation is
established;
f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In
addition, building pads should be laid as soon as possible after grading unless seeding or soil
binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at
least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks
and equipment leaving the site, and
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads..
Water sweepers with reclaimed water should be used where feasible.
1. Maintain all construction equipment in proper tune according to manufacturer's
specifications.
m. Fuel all off -road and portable diesel powered equipment, including but not limited to
bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors,
auxiliary power units, with ARB certified motor vehicle diesel fuel (non -taxed version
suitable for use off - road).
n. Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's
1996 or newer certification standard for off -road heavy -duty diesel engines.
o. No person shall engage in any construction or grading operation on property where the area to be
disturbed is greater than one (1.0) acre unless an Asbestos Dust Mitigation Plan for the operation
has been:
i. Submitted to and approved by the Air Pollution Control District before the start of any
construction or grading activity; and
ii. The provisions of that dust mitigation plan are implemented at the beginning and maintained
throughout the duration of the construction or grading activity.
ER 237 -04 (Gearhart/McBride Prope. , 'Annexation
Page 3
4. The following mitigation measures are designed to eliminate project operational phase emissions.
The APCD indicates that measures a -d are required standard mitigation and that at least 6 of the
measures included in e -u are also required:
a. Provide on -site bicycle parking.
b. Provide on -site eating, refrigeration and food vending facilities to reduce lunchtime trips;
c. Provide shower and locker facilities to encourage employees to bike and/or walk to work,
typically one shower and three lockers for every 25 employees; and
d. Increase building energy efficiency rating by 10% above what is required by Title 24
requirements. This can be accomplished in a number of ways (increasing attic, wall or floor
insulation, etc.).
e. Increased street tree planting.
f. Shade tree planting in parking lots to reduce evaporative emissions from parked vehicles.
g. If the project is located on an established transit route, improve public transit accessibility by
providing transit turnouts with direct pedestrian access to project or improve transit stop
amenities.
h. Improve the pedestrian environment.
i. Implement a Transportation Choices Program. The applicant should work with the
Transportation Choices Coalition partners for free consulting services on how to start and
maintain a program. Contact SLO Regional Rideshare at 541 -2277.
j. Provide incentives to employees to carpool /vanpool, take public transportation, telecommute,
walk, bike, etc.
k. Implement compressed work schedules.
1. Participate in an employee "flash- pass" program, which provides free travel on transit buses.
m. Shade tree planting along southern exposures of buildings to reduce summer cooling needs.
n. Use roof material with a solar reflectance value meeting the EPAIDOE Energy Star® rating
to reduce summer cooling needs.
o. Use built -in energy efficient appliances, where applicable.
p. Use double -paned windows.
q. Use low energy parking lot and street lights (i.e. sodium).
r. Use energy efficient interior lighting.
s. Use low energy traffic signals (i.e. light emitting diode).
t. Install door sweeps and weather stripping if more efficient doors and windows are not
available.
u. Install high efficiency or gas space heating.
• Monitoring Program:
Community Development staff will review building permit plans to assure that air quality mitigations
are noted on plans and that other needed information is specifically shown. The applicant will need
to demonstrate, that he has contacted and worked with APCD staff on some of the requirements.
Biological Resources
5. Final construction and site development plans shall include a detailed landscaping plan that addresses
the creek setback area and 200 foot buffer area that is to be preserved as open space. The landscape
plan shall provide for native plant and tree species adjacent to the creek bank. The plan shall note the
removal of any invasive or non- native species (i.e. castor beans, vinca etc.) of trees or plants within
the creek and setback area. A qualified landscape architect shall prepare the plan.
ER 237 -04 (Gearhart/McBride Prop Annexation
Page 4
a. The landscape plan shall provide a demarcation (in the form of a wood -rail fence) of the habitat
areas along the creek area to the west of the site from the use areas (i.e, parking lot and building).
The plan shall incorporate the recommendations of the City's Natural Resources Manager.
b. The landscape plan shall specify protection for creek vegetation during construction which shall
include temporary fencing that clearly demarcates the extent of sensitive habitat not to be
disturbed. The City's Natural Resources Manager shall be called to do an inspection prior to any
vegetation removal and to review installed protection devices in the field prior to the
commencement of grading activities and/or construction. The plan shall also contain a specific
schedule for the long - term monitoring of plantings.
c. No parking lot or roadway drainage shall be directly routed to the Prefumo Creek area without
adequate filtration methods such as are oil /water separator or bioswale planted with grasses and
groundcover species designed for such use. A bioswale within a designated landscape area is the
preferred method of water filtration prior to entering the creek.. If feasible, bioswales may be
constructed in the open space area to accept nuisance water and provide biofiltration prior to
release. To accomplish this, a portion of the drainage ditch along the southwestern property
boundary may be utilized as a bioswale..
d. Light levels in the vicinity of Prefumo Creek shall be less than .5 foot candle and extensive
screening landscape (native trees and shrubs) shall be planted between the project site and the
creek area to reduce potential light intrusion into the riparian habitat.
6. The existing low -water crossing in Prefumo Creek shall be abandoned, the eroding roadbed stabilized,
and willows and cottonwoods replanted in the abandoned roadway.
7. As shown on the proposed land use plan for the site and the Tentative Parcel Map, a construction
setback of at least 100 feet from the top of the Prefumo Creek channel shall be maintained to reduce
impacts to riparian trees and allow open ground beyond the top of bank for bio- filtration of storm
water.
• Monitoring Program:
The ARC will review development plans for all four individual dealership sites. City staff, including
Planning and other departments, will review plans to assure that all of the ARC's requirements related to
the buffer treatment, riparian landscaping and lighting have been incorporated into working drawings.
Community Development staff will coordinate with the City's Natural Resources Manager throughout the
process to assure that appropriate plant materials are selected for any riparian area re- vegetation and other
requirements of the biological assessment are followed.
Cultural. Resources
8. If excavations encounter significant paleontological resources, archaeological resources or cultural
materials, then construction activities which may affect them shall cease until the extent of the
resource is determined and appropriate protective measures are approved by the Community
Development Director. The Community Development Director shall be notified of the extent and
location of discovered materials so that they may be recorded by a qualified archaeologist..
9. If pre - historic Native American artifacts are encountered, a Native American monitor should be called
in to work with the archaeologist to document and determine appropriate action (remove or preserve
on site) the items. Disposition of artifacts shall comply with state and federal laws. A note
concerning this requirement shall be included on the grading and construction plans for the project.
ER 237 -04 ( Gearhart /McBride Prop, _. Annexation
Page 5
• Monitoring Program:
Community Development Department staff will review working drawings to assure that these mitigation
measures become a part of plans.
Energy and Mineral Resources
10. The project development shall incorporate the following features where feasible:
a. Skylights to maximize natural day lighting.
b. Operable windows to maximize natural ventilation.
c. Energy - efficient lighting systems for both interior and exterior use.
d. Substitute solid sawn lumber with engineered lumber.
e. Install compact fluorescent bulbs.
f. Install energy star rated appliances
• Monitoring Program:.
Community Development staff, including both Building and Planning, will review working drawings to
assure compliance.
Geology and Soils
11. Grading and construction must be designed and performed in compliance with the soils engineering
report prepared by Buena Geotechnical Services, December 31, 2004.
• Monitoring Program:
The Community Development Department staff will review the recommendations included in the soils
engineering report along with working drawings submitted for a building permit.
Hazard and Hazardous Materials
12. The project design shall comply with the Airport Land Use Plan Policies designed to protect airspace.
The final project design shall be reviewed for consistency with ALUP Policies 4.5.3 (hazards to air
navigation) and 4.6.2 (avigation and noise easements).
• Monitoring, Program:
The Community Development Department staff will coordinate with the County of San Luis Obispo staff
that regularly works with the Airport Land Use Commission regarding the recordation of avigation and
noise easements.
Hydrology and Water Quality
13. All site drainage shall be directed towards the public right -of -way unless other provisions are
approved by the City. In no cases shall site drainage from parking and auto storage areas be directed
towards a storm drain system that enters a creekway unless filtered through a bioswale, fossil filter,
oil & water separator or other City approved method.
14. The project shall, where feasible, utilize porous paving, landscaping, or other design element to
reduce surface water runoff in driveways, parking areas or vehicle display areas consistent with Land
Use Element Policy 6.4.7.
n
ER 237 -04 (Gearhart/McBride Prope.. _ .Annexation
Page 6
15. The project shall comply with the City's Waterways Management Plan (2004 edition) and any
additional recommendations prescribed by the Hydrologic and Hydraulic Report prepared by KC
Design Group, May 18, 2005.
• Monitoring Program:
The City's Public Works Department as reviewed the hydrologic and hydraulic report submitted by the
applicant and determined that it is in compliance with the City's Waterways Management Plan. The
Community Development Department & Public Works Department staffs will review plans to assure that
drainage facilities are consistent with this study and any special requirements imposed by ARC review.
Traffic
16. The applicant shall contribute its fair share of Los Osos Valley Road interchange sub -area fees as
determined by the Deputy Director of Public Works.
17. Until signalization of the Calle Joaquin and Los Osos Valley Road intersection is completed,
employee shifts shall be limited to the flours of before 4:00 p.m. and after 5:30 p.m. to lessen impacts
to the intersection.
• Monitoring Program:
The Public Works Department will determine the amount of applicable fees. The Community
Development will oversee the staggered work schedule requirement.
Utilities and Service Systems
18. To help reduce the waste stream generated:
a. The project shall include convenient facilities for interior and exterior on -site recycling.
b. The project shall include a solid waste recycling plan for recycling discarded materials, such as
concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for
approval by the City's Solid Waste Coordinator or the Community Development Director, prior to
building permit issuance.
c. Recycled- content materials shall be used in structural and decorative building components of the
project and in surfacing wherever feasible.
• Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans submitted for
architectural review and building permit primarily by the Community Development Department staff with
consultation with the Utilities Department.
The above mitigation measures are included in the project to mitigate potential adverse environmental
impacts. Section 15070(b)(1) of the California Administrative Code requires the applicant to agree to the
above mitigation measures before the proposed Mitigated Negative Declaration is released for public
review. The Architectural Review Commission through final review of project plans, and City staff,. and
in some cases, other agencies, will review detailed project plans through building and grading plan
checks, and occupancy release inspections, to accomplish compliance with These mitigation measures as
discussed in detail in the monitoring programs above.
L:Gearhart�Environmental Review\Exhibit C (Mitigation. Monitoring Program)
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Wilson Land Sur ' eys, Inc.
7600 Morro Road, Atascadero, CA 93422
Phone: (805) 466 -2445 • Fax: (805) 466-0812 • Email: kenw @wilsonlandsurveys.com
Annexation No. 71 to the City of San Luis Obisno California
Exhibit E
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That portion of Lot 66 of the subdivisions of Ranchos Canada de Los Osos and La
Laguna, in the County of San Luis Obispo, State of California according to the map filed
in Book A of Maps at Page 83 and that portion of Lot EE of the Resubdivision of Lots
58, 61, 62, 63, 64, and 65 of the subdivisions of Ranchos Canada de Los Osos and La
Laguna in said County and State according to the map filed in Book of Maps at Page
161, all in the Recorder's Office of said County and State, described as follows:
Beginning at the most northerly comer of said Lot 66, said comer being on the
southwesterly line of said Lot EE;
thence along said southwesterly line of Lot EE North 55 030'00" West a distance of
1142.45 feet to the most westerly comer of said Lot EE, said comer being on the existing
City Limits of said City,
thence along the northwesterly line of said Lot EE along said City Limits North
56 °30'00" East a distance of 79.38 feet to the most northerly comer of said Lot EE;
thence leaving said City Limits along the northeasterly line of said Lot EE South
55 °30'00" East a distance of 1949.35 feet to the northwesterly right -of -way of Highway
101 according to the Grant Deed to the State of California filed June 14, 1949 in Book
525 of Official Records at Page 423 in said Recorder's Office;
thence along said right -of -way South 26 °3900" West a distance of 74.32 feet to the
northeasterly line of said Lot 66;
thence along the northwesterly right -0f - -way of Highway 101 according to the Grant Deed
to the State of California filed December 18, 1947 in Book 464 of Official Records at
Page 86 in said Recorder's Office South 26 °30'00" West a distance of 1.136:55 feet to
northeasterly line of that land conveyed to Louis Enos by agreement between Louis Enos
and Jackson Silva filed November 17, 1870 in Book C of Deeds at Page 144 in said
Recorder's Office, said north-easterly line also being the existing City Limits of said City;
thence along said northeasterly line along said City Limits North 55 030100" West a
distance of 856.98 feet to the northwesterly line of said Lot 66;
thence along said northwesterly line continuing along said City Limits North 27 000'00"
East a distance of 54725 feet to the northeasterly corner of Parcel `B' according to the
Parcel Map SLO -72 -340 filed November 30, 1972 in Book 10 of Parcel Maps at Page 14
in said Recorder's Office;
thence leaving said City Limits continuing along said northwesterly line of Lot 66 North
27 °00'00" East a distance of 587.95 feet to the point of beginning containing an area
25.34 acres more or less.
C�� o �
RESOLUTION NO. 9717 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
AN APPEAL OF THE TREE COMMITTEE'S CONDITIONAL APPROVAL OF A
TREE REMOVAL APPLICATION AT 1990 LOOMIS STREET
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
March 28, 2005 and conditionally approved the applicant's request to remove two (2) American
Elm trees located at 1990 Loomis Street, San Luis Obispo, California; and
WHEREAS, on August 16`h, 2005, the Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the conditions imposed in the approved removal permit,
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings: That this Council, after consideration of the applicant's appeal,
and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon,
makes the following finding:
a. The planting of two (2) approved replacement trees now, followed by a two (2) year
establishment period counted from the date of planting; and
b. The planting of two (2) additional approved trees at the time of removing the two (2)
existing American Elm trees will promote good arboricultural practice.
SECTION 2. The appeal of the Tree Committee's decision for a phased replacement
approach at 1990 Loomis Street is hereby denied, and the applicant must follow the conditions
imposed by the Tree Committee.
Upon motion of Council Member Brown, seconded by Council Member Mulholland,
and on the following vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan
NOES: Council Member Settle and Mayor Romero
ABSENT: None
R 9717
O
Resolution No. 9717(2005 Series)
Page 2
The foregoing resolution was adopted this 16th day of August 2005.
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
J ath P. Lowell
City Attorney
G
Mayor David F. Romero
Wa-U4 t-,,-/ 64,N+s. j 1(2- -k►
RESOLUTION NO.9716 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2307
WHEREAS, the City Council made certain findings concerning Tract 2307, as
prescribed in Resolution No. 8975 (1999 Series); and
WHEREAS, the City Council approved the final map for Tract 2307 per
Resolution No. 9224 (2001 Series); and
WHEREAS, the subdivider has satisfactorily completed the public and common
area improvements required for Tract 2307, 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 No. 2307. The current Faithful Performance surety is
hereby reduced to $449,468, 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 Vice Mayor Ewan, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, and Mulholland and Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing Resolution was adopted this 16th day of August 2005.
Mayor David F. Romero
ATTEST:
/ L " � -'� "
Audrey Hooper
City Clerk
R 9716
Resolution No. 9716 (2005 'aeises)
Page 2
Approved as to Form:
Jon P. Lowell
City Attorney
I "-)
RESOLUTION NO. 9715 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
FOR THE PERIOD OF JULY 19 2004 THROUGH DECEMBEk 31, 2005
BE IT RESOLVED, by the City Council of the City of San Luis Obispo, that:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Officers' Association (SLOPOA), attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Dale Strobridge, San Luis Obispo
Police Officers' Association, and Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Ewan, seconded Council Member Brown by, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland, Settle and Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16"' day of August 2005.
Mayor David F. Romero
ATTEST:
Au ey Hoo
City Clerk f.
R 9715
Resolution 9715 (2005 Series)
Page 2
APPROVED AS TO FORM:
JonAthawf. Lowell, City Attorney
MEMORANDUM OF AGREEMENT
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THE CITY OF SAN LUIS OBISPO
AND THE
POLICE OFFICERS' ASSOCIATION
JULY 1, 2004 - DECEMBER 31, 2005
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TABLE OF CONTENTS
Article No. Title Page No.
1 Preamble ............................................ ..............................1
2 Recognition ........................................ ............................... 2
3 Check Off /Dues Deduction ................ .............................:. 3
4
Employee Rights ................................ ............................... 4
5
Management Rights :.......................... ............................... 5
6
Representative Role .......................... ............................... 6
7
Salary .................................................. ..............................8
8
Master Police Officer Program ..... :............................ :.....
12
9
Bilingual Pay ........................ ................ ...............................
14
10
Overtime - Sworn ............................. ...............................
15
11
Overtime — Non -Sworn .................... ...............................
18
12
Work Out -Of -Grade ......................... ...............................
21
13
Standby — Sworn and Non -Sworn ... ...............................
22
14
Education Incentive .......................... ...............................
23
15
Uniform Allowance ........................... ...............................
25
16
Health Care Insurance ..................... ...........................:...
26
17
Retirement ....................................... ...............................
30
18
Seniority ........................................... ...............................
31
19
Holidays ........................................... ...............................
32
20
Vacation ........................................... ...............................
34
21
Sick Leave ....................................... ...............................
35
22
Family Leave ................................... ...............................
36
23
Bereavement Leave ......................... ...............................
38
24
Catastrophic Leave .......................... ...............................
39
25
Workers' Compensation Leave ........ ...............................
41
26
Jury Duty and Military Leaves ...::..... ...............................
42
27
General Provisions ........................... ...............................
43
Article No.
Title Page No.
28
Residency Requirements ................. ...............................
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Promotional Policy..: .......................... .............................45
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Definitions ......................I,.................. ..:..........................50
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Grievance Procedure ....................... ...............................
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32
Layoffs ............................................. ...............................
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Work Actions .................................... ...............................
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34
Communication Process .................. ...............................
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Notice to the Association ................. ...............................
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Equipment ............... :................ : ........ : ................ :............
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Light Duty ......................................... ...............................
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Work Schedules ............................... ...............................
60
39
SWAT .............................................. ...............................
65
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Traumatic Incidents .......................... ...............................
66
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No Discrimination ............................. ...............................
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Staffing ............................................. ...............................
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Continuing Negotiations ................... ...............................
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Full Agreement.. ..............................................................
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45
Savings Clause ................................ ...............................
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46
Renegotiations ................................. ...............................
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Term of Agreement .......................... ...............................
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Appendix "A" - Classification ............ ...............................
74
Appendix "B" — Grievance Forms .... ...............................
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Appendix "C" — Patrol 3/12 Work Plan ............................ 78
Appendix "D"— Flexible Benefits Plan ............................ 86
Appendix "E" — Shift Adjustment ...... ............................... 89
Appendix "F" — Rules Governing Salary Increases......... 91
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ARTICLE 1
PREAMBLE
1.1 This Agreement is effective and entered into this 1st day of July, 2004, by and between
the City of San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo
Police Officers' Association.
1,2 The purpose of this Agreement is to promote the improvement of personnel management
and employer /employee relations, provide an equitable and peaceful procedure for the
resolution of differences and establish rates of pay and other terms and conditions of
employment.
1.3 The City and the Police Officers' Association agree that all employees of the City share in
the important responsibility of providing superior service to the public and that every job
and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for any
provision in City Charter Section 1107 or Resolution No. 6620 (1989 Series) unless so
stipulated to by provision(s) contained herein and agreed to.
J;.
ARTICLE 2.
RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining
representative for purposes of representing regular and probationary employees, occupying the
position classifications set forth in Appendix A, in the Police Unit with respect to their
compensation, hours and other terms and conditions of employment for the duration of the
Agreement.
2
3.1
3.2
3.3
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ARTICLE 3
CHECK OFF/DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Association
treasurer, which dues shall not include assessments.
Dues deduction, additions, and/or deletions shall be recorded by the City's Finance
Officer and a notification of all dues transactions shall be sent lonthly to the Association
President.
The Association shall hold the City harmless from any and all claims, and will indemnify
it against any unusual costs in implementing these provisions.
3
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ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer - employee relations including, but not limited to, wages, hours and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against because of the exercise
of these rights.
4
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of government operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of the job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology for performing its work.
The City's exercise of its rights under this section are subject to the provisions of City Charter
Section 1107 and applicable State law.
5
ARTICLE 6
REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than three employee
members and one employee observer to meet and confer with the Municipal Employee Relations
Officer and other management officials (after written certification of such selection is provided
by the Association) on subjects within the scope of representation during regular duty or work
hours without loss of compensation or other benefits. The Association shall, whenever
practicable, submit the name(s) of each employee representative to the Municipal Employee
Relations Officer at least two working days in advance of such meetings.
Provided further:
(A) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management official. If employee representatives cannot be released, date of
meeting will be rescheduled in accordance with item (B) below. That any such
meeting is subject to scheduling by City management consistent with operating
needs and work schedules. Nothing provided herein, however, shall limit or
restrict City management from scheduling such meetings before or after regular
duty or work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of any
carryover time) of vacation time, holiday time, and compensatory time off to an
Association "time bank" under the following guidelines:
During the first full pay period of July each calendar year, the POA President
shall determine the number of hours remaining in the Association time bank.
That number shall be subtracted from the maximum number of time bank hours of
250 hours. The difference between the actual number of hours and the 250 hour
maximum will be divided by the number of POA represented employees. Each
represented employee shall then contribute an equal number of leave hours to be
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debited by the City to maintain the 250 hours time bank. Employees shall have
the option to designate vacation, holiday or CTO leave time.
Only Association officers or bargaining team members may draw from the
bank.
2. Requests to use time from the bank must be made reasonably in advance
of the use. Approval is subject to the operational necessity of the
department and normal time off approval processes.
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ARTICLE 7
SALARY
7.1 Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in
the current Salary Resolution (4272 [1980 Series], incorporated herein as Appendix F)
with the following modifications:
A. Effective January 13, 2005, Step progression for all represented employees shall
be at twelve -month intervals except for progression to Master Police Officer, step
7. Those requirements are identified in Article 8.4.
B. The Police Chief shall be authorized to reevaluate employees who reach top step
in their pay range. An employee who is not performing up to standard for the top
step shall be notified in writing that the Police Chief intends to reduce him one
step unless his job performance improves significantly within a 60 -day period.
Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The top step may
be reinstated at any time upon recommendation of the Police Chief. If the Police
Chief deems it necessary to again remove the top step during the same fiscal year,
he /she may make the change at any time with three business days' advanced
written notice.
The salary range for Police Officer consists of seven steps (1 through 7): Steps 1 through
6 equal 95% of the next highest step, computed to the nearest $1.00. The salary range for
Communications Technician, Evidence Technician, Field Services Technician, Police
Records Clerk and Police Cadet consists of five steps (1 through 5).
Each across - the -board % salary increase shall raise each step of the range by the %.
Step 5 of each successive salary range will be 2.63% above step 5 of the next lower
range. After all steps of each salary range have been established, each shall be rounded
H
off to the nearest $1.00. Employees who are eligible for advancement to top step must
receive a "Meets Performance Standards" or better on the overall rating on their most
recent Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
Employees who are eligible for advancement to step 4 or 5 must receive a "Meets
Performance Standards" or better on the overall rating on their most recent Performance
Appraisal prior to or coincident with their being eligible for advancement by time in
grade.
7.2 Salary Increases for Term of Agreement
Salary increases will be effective on the first day of the first full pay period following the
dates listed below:
Sworn Non -Sworn
July, 2004 2.0% 2.0%
July, 2005 1.5% 1.5%
The Field Service Technician job descriptions shall be modified to eliminate the
requirement of emergency medical dispatch certification and dispatch relief.
7.2.1 Salary — Police Records Clerk
A. Police Records Clerks shall receive a 5.0% equity salary increase effective
January 13, 2005.
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7.3 Salary Ranae Listina - Julv2004 Throuah December 2005
July 2004
2% Increase
3,738
3,934
4,142
4,360
. 4,589
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Technician
2,304
Bi-
Bi-
Bi-
Bi-
Bi-
Bi-
Bi-
Range
Title
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
700
Records Clerk.)
2,670
2,811
2,959
3,114
3,278
5 %e Increase Records Clerks only
1,232
1,297
1,365
1,437
1,513
Step 5
Step 6 Step 7
704
Records Clerk II
2,961
3,117
3,281
3,454
3,636
Monthly/ Monthly/
Bi-
1,367
1,439
1,514
1,594
1,678
Range
Title
705
Police Cadet
3,457
3,639
3,831
4,032
4,245
Records Clerk 1
2,804
2,952
3,107
1,596
1,680
1,768
1,861
1,959
1,294
1,362
707
Field Service
3,648
3,840
4,042
4,255
4,479
3,273
3,445
3,627
Technician
1,684
1,772
1,865
1,964
2,067
1,590
1,674
708
Communications
3,738
3,934
4,142
4,360
. 4,589
Technician)
1,725
1,816
1,911
2,012
2,118
720
Evidence
4,993
5,255
5,532
5,823
6,130
Technician
2,304
2,426
2,553
2,688
2,829
750
Police Officer
4,746
4,996
5,259
5,536
5,827
6,134 6,457
2,191
2,306
2,427
2,555
2,689
2,831 2,980
January
2005
5 %e Increase Records Clerks only
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6 Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Bi-
Bi-
Bi-
Bi-
Bi-
Bi- Bi-
Range
Title
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly Weekly
700
Records Clerk 1
2,804
2,952
3,107
3,271
3,443
1,294
1,362
1,434
1,510
1,589
704
Records Clerk II
3,110
3,273
3,445
3,627
3,818
1,435
1,511
1,590
1,674
1,762
705
Police Cadet
3,457
3,639
3,831
4,032
4,245
1,596
1,680
1,768
1,861
1,959
707
Field Service
3,648
3,840
4,042
4,255
4,479
Technician
1,684
1,772
1,865
1,964
2,067
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708 Communications 3,738 3,934 4,142 4,360 4,589
Technician 1 1,725 1,816 1,911 2,012 2,118
720 Evidence 4,993 5,255 5,532 5,823 6,130
Technician 2,304 2,426 2,553 2,688 2,829
750 Police Officer 4,746 4,996 5,259 5,5.36 5,827 6,134 6,457
2,191 2,306 2,427 2,555 2,689 2,831 2,980
July 2005
1.50% Increase
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Bi-
Bi-
Bi-
Bi-
Bi-
Bi-
Range
Title
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
700
Records Clerk 1
2,847
2,996
3,154
3,320
3,495
1,314
1,383
1,456
1,532
1,613
704
Records Clerk ll
3,155
3,321
3,496
3,680
3,874
1,456
1,533
1,614
1,699
1,788
705
Police Cadet
3,508
3,693
3,887
4,092
4,307
1,619
1,704
1,794
1,889
1,988
707
Feld Service
3,702
3,897
4,102
4,318
4,546
Technician
1,709
1,799
1,893
1,993
2,098
708
Communications
3,794
3,994
4,204
4,425
4,658
Technician
1,751
1,843
1,940
2,043
2,150
720
Evidence
5,067
5,333
5,614
5,909
6,221
Technician
2,338
2,462
2,591
2,727
2,871
750
Police Officer
4,818
5,071
5,338
5,619
5,915
6,226
6;554
2,224
2,341
2,464
2,594
2,730
2,874
3,025
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ARTICLE 8
MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
Field Training Officer
3 years
S.O.R.T.
3 years
Traffic Officer
3 years
Investigator
4 years
DARE and SRO
3 years
Crime Scene Investigator
3 years
Range Master*
4 years
Downtown Officer
3 years
Swat Team Operator **
3 years
Bomb Technician**
3 years
* Mandatory Rotational position — qualifies only as a third assignment.
** Non - mandatory Rotational position.
i�
8.2 To be eligible for compensation under this program, an employee must receive and
maintain at least a "Meets Performance Standards" rating on their evaluation.
8.3 Compensation under this program shall in no case exceed two steps on the salary range.
8.4 Master Police Officer
Eligibility requirements for the position of Master Police Officer are as follows
effective January 13, 2005:
1. One full year at Step 6 of the salary range.
2. Must have obtained an advanced POST Certificate
3. Must have successfully completed two specialty assignments and two years in a
third specialty assignment.
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4. Reassignment, with a break in service, to the same assignment will be credited as
a third assignment. To be credited for the purposes of compensation, an officer
shall be required to complete the terms of any specialty assignment unless early
departure for good cause is /was authorized by the Chief of Police. Departure for
any other reason will forfeit MPO compensation at the time of departure.
5. The Department may, at any time, temporarily remove an employee from a
specialty assignment to meet operational needs. If the cumulative total time of
removal from the assignment prior to the employee's scheduled rotation date
exceeds 90 days, the employee shall have the option of extending the rotation date
by the total time of removal or accepting that amount of time as credit towards
completion of the specialty assignment.
6. Qualified Master Police Officers will be permitted to wear a two -stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as determined
by Department uniform policy.
7. Compensation: Police Officer Step 7.
8. The employee is responsible for requesting advancement to Master Police Officer.
The Department will, once annually, remind employees to make such requests.
Retroactive payments will not be made if the employee fails to make a timely
request.
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ARTICLE 9
BILINGUAL PAY
9.1 Employees certified as bilingual in Spanish through a testing process administered by the
City Human Resources Department shall receive a bilingual payment of $35 per pay
period. Effective January 13, 2005, bilingual pay shall increase to $50 per pay period.
Additional languages may be approved by the City based upon demonstrated need.
Regardless of certification, all employees shall use any language skills they possess to the
best of their ability.
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10.1
ARTICLE 10
OVERTIME - SWORN
0
Overtime is defined as all hours worked in excess of 160 hours worked in the employee's
28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off
shall be considered hours worked when computing overtime.
10.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime pay.
10.3 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off compensated at time
and one half. However, no employee shall accumulate and have current credit for
more than 80 hours of compensatory time off.
B. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
coverage (except when scheduled in conjunction with approved vacation during
the annual vacation sign -ups).
10.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
10.5 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three -hour minimum payment at time and one half. Unanticipated
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emergency call -backs (criminal investigations, emergency evacuations, natural disasters,
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
10.6 COURT TIME
42 Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one -half.
43 Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
44 Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
10.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
10.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed two -hour minimum payment at time and one half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
i Lunch - '$15.00
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■ Commuter Lunch - $8.00
■ Dinner - $25.00
■ Mileage at the prescribed IRS mileage reimbursement rate.
10.9 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms shall be
guaranteed two hours at time and one -half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice ammunition each month upon request.
10.10 OVERTIME ASSIGNMENT
A. The Department, prior to each shift rotation, will post an overtime interest list.
Planned overtime will be called from this list in order of seniority. Employees
may add and/or delete their names from this list at any time.
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ARTICLE 11
OVERTIME - NON -SWORN
11.1 DEFINITION
�J
Overtime is defined as all hours worked in excess of 80 hours worked in a pay period.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours
worked when computing overtime.
11.2 ELIGIBILITY
All non -sworn employees covered by this Agreement shall be eligible for overtime pay.
11.3 COMPENSATION
Overtime shall be compensated in cash at time and one half the employee's regular rate of
pay or in time off compensated at time and one half. Maximum accrual of compensatory
time shall be 480 hours for Communications Technician and 240 hours for all other non -
swom classifications.
11.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
11.5 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three -hour minimum payment at time and one half. Unanticipated
emergency call -backs (criminal investigations, emergency evacuations, natural disasters,
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
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11.6 COURT THE
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one -half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
11.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
11.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed two -hour minimum payment at time and one -half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
Y Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
■ Lunch - $15.00
Y Commuter Lunch - $8.00
Y Dinner - $25.00
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''D
■ Mileage at the prescribed IRS mileage reimbursement rate.
11.9 OVERTIlVIE ASSIGNMENT
A. The Department, prior to each shift rotation, will post an overtime interest list.
Planned overtime will be called from this last in order of seniority. Employees
may add and/or delete their names from this list at any time.
11.10 RANGE_OUALIFICATION
A. Employees required to qualify with department approved firearms, shall be
guaranteed two hours at time and one -half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice ammunition each month upon request.
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ARTICLE 12
WORK OUT -OF -GRADE
Employees temporarily assigned to work in a higher classification shall receive one step (5.26%)
additional pay but in no case more than the top step for the higher classification under the
following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive work
hours, in which case the step increase becomes effective on the first workday.
B. The person being temporarily replaced is on extended sick or disability leave or
the position is vacant and an examination is pending.
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O (J
ARTICLE 13
STANDBY - SWORN AND NON -SWORN
13.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the department to:
1) be ready to respond immediately to a call for service; 2) be readily available at all
hours by telephone or other agreed upon communication equipment; and 3) refrain from
activities which might impair his/her assigned duties upon call.
The parties agree that employees on standby, as defined above, are "waiting to be
engaged." The parties further agree there is no intent to waive any individual rights
under FLSA.
13.2 COMPENSATION
Hourly Standby
A. Personnel placed on standby shall be compensated one - hour's pay for each five
hours standby..
B. Such employees shall be paid a minimum of three hours straight time when on
standby. Each calendar day starts a new standby period.
Investigator/Bomb Technician Weekly Standby
A. Effective January 13, 2005, Investigators/Bomb Technicians placed on standby
shall be compensated $30 per day Monday through Friday, and $35 per day for
other days of standby and holidays.
B. Standby shall be rotated among the assigned investigators. Normally, the standby
.assignment shall be for a period of one week.
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ARTICLE 14
EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for non -sworn personnel
for the term of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year after
employment with the City of San Luis Obispo, but credit will be given for approved
education obtained prior to that time. The basic benefit for employees hired prior to July
1, 1981, will consist of one -half step above the base salary for possession of an A.A. or
equivalent degree from an accredited community or junior college, or 60 or more
semester units, or a City- approved equivalent; one full step for a B.A. or equivalent
degree from an accredited college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job related fields or include
at least 30 semester, or City- approved equivalent, units of job related coursework in the
case of an A.A. degree and at least 60 semester, or City- approved equivalent, units in the
case of a B.A. Should an employee qualify for the one -half step basic benefit by having
completed 60 or more semester units or City- approved equivalent, at least 30 of those
units must be in job related coursework. All qualifying coursework must be graded at
"C" or Pass or better. It is understood that general education courses required for a
degree are compensable under this section.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by
the employee to the Chief of Police at least 30 days before the date the payment of the
incentive pay is to be effective. Approval of the Chief of Police and the Director of
Human Resources shall be required.
D. UNSATISFACTORY PERFORMANCE. To be eligible for compensation under this
program, an employee must receive and maintain at least a "Meets Performance
Standards" rating on their annual evaluation. The Chief of Police, with the concurrence
23
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of the City Administrative Officer, may suspend payment of the incentive pay or Step 5
of the salary range, but not both, until such time as the employee's performance comes up
to the standard level, in the opinion of the Chief of Police and in concurrence of the City
Administrative Officer.
E. NON- APPLICABILTTY. Educational incentives shall not be paid for education received
on City time. The education incentive will be removed if the employee is promoted to a
position that does not entitle employees to such incentives.
F. NEW EMPLOYEES.
1. The basic benefit for employees hired on or after July 1, 1981, shall be a five percent
step increase for a period of one fiscal year if during the previous fiscal year the
employee has successfully completed —i.e., grades of `'C' or better in all courses —
a minimum of nine semester units of college level classroom work, or City- approved
equivalent, approved by the Chief of Police, provided that this benefit shall be
payable only for classroom work done after completion of the probationary period.
2. Employees hired after July 1, 1981 shall be eligible for compensation as set forth in
paragraph A effective January 13, 2005 with the following requirements:
• Annual qualification of 3 semester units.
• Qualification on a fiscal year basis with first qualification during 2005-
2006.
• Tuition reimbursement as set forth in City Policy.
0M
ARTICLE 15
UNIFORM ALLOWANCE
15.1 Each employee required to wear a uniform shall receive an annual uniform allowance as
provided below and is expected to purchase and maintain in good repair all required
uniform pieces.
15.2 The uniform allowance shall be $900 per year, with $450 issued to the employee with the
first payroll period in June and $450 issued to the employee with the first payroll period
in December. New hires will receive a prorated amount.
15.3 All represented employees shall be eligible for uniform allowance without regard to duty
status interruption if in paid status, including 4850 Pay. Uniform allowance shall be
reported to CalPERS as special compensation. Uniform allowance will. not be pro -rated
upon separation from employment.
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ARTICLE 16
HEALTH CARE INSURANCE
16.1 CONTRIBUTION
City shall contribute the monthly amounts as set forth below for Cafeteria Plan benefits
for each regular, full time employee covered by this agreement. Less than full -time
employees shall receive a prorated share of the City's contribution.
Employee $415.00
Employees Plus One $754.00
Family $995.00
The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage.
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall also receive payment at the
employee only level.
16.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with the
"unequal contribution option" at the PERS minimum contribution rates, currently
$48.40 per month for active employees and $13.03 for retirees. The City's
contribution toward retirees shall be increased by 5% per year of the City's
contribution for the active employees until such time as the contributions for
employees and retirees are equal. The City's contribution will come out of that
amount the City currently contributes to employees as part of the Cafeteria Plan.
The cost of the City's participation in PERS will not require the City to expend
FM
additional funds toward health insurance beyond what is already provided. In
summary, this cost and any increases will be borne by the employees.
B. Health -Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
portion of the City's contribution (after dental and vision insurance is deducted) in
cash in accordance with the City's Cafeteria Plan. Those employees will also be
assessed $16.00 per month to be placed in the Retiree. Health Insurance Account.
This account will be used to fund the City's contribution toward retiree premiums
and the City's costs for the Public Employee's Contingency Reserve Fund and the
Administrative Costs. However, there is no requirement that these funds be used
exclusively for this purpose nor any guarantee that they will be sufficient to fund
retiree health costs, although they will be used for negotiated employee benefits.
C. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at
the employee only rate. Should they elect to cover dependents in the City's dental
and vision plans, they may do so, even if they do not have dependent coverage
under PERS.
D. Long Term Disability Insurance (LTD)
Sworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for premium payments. Non -sworn employees
continue to be covered under the City's Long Term Disability Insurance Program.
16.3 FLEXIBLE BENEFITS PLAN
The 1988 -1993 addendum outlining the flexible benefits plan is incorporated herein as
Appendix D.
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The non - reimbursed maximum medical cost will be $3,000 per calendar year.
16.4 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non - voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's flexible benefits plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of meet
and confer requirements between the City and the Association, including
Charter Section 1107.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and confer
in good faith.
"►9'..'
4. In performing its duties, the Medical Plan Review Committee may consult
independent outside experts. The City shall pay any fees incurred for this
consultation, provided that the City has approved the consultation and fees
in advance.
16.5 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of benefits for one (1) year for the
surviving family of a unit member who dies while in the line of duty.
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ARTICLE 17
RETIREMENT
17.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 2-%3% at
age 50 plan to all sworn personnel and 2.7% at age 55 for all non -sworn personnel. The
3% at age 50 plan includes five amendments, namely, Post Retirement Survivor
Allowance, the 4`h level 1959 Survivor's Benefit, military service credit, one -year final
compensation, and conversion of unused sick leave credit to additional retirement credit.
The 2.7% at 55 plan has four amendments, the 4`h level 1959 Survivor's Benefit, one year
final compensation, military service credit and conversion of unused sick leave credit to
additional retirement credit.
17.2 Effective January 1, 2000, the City discontinued paying the sworn employees' share of
the PERS Contribution (9 %) and the non -sworn employees' share of the PERS
Contribution (8 %). The 9% and the 8% were added to the employees' base salaries and
reported as compensation to PERS. The employee pays to PERS their contribution; as
allowed under Internal Revenue Code Section 414 (h) (2) the contribution is made on a
pre -tax basis.
17.3 The City will, effective approximately July 1, 2005, implement the Pre - Retirement
Optional Settlement 2 Death Benefit.
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ARTICLE 18
SENIORITY
18.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications
Technician, Field Service Technician, Evidence Technician, Police Records Clerk, etc.)
will prevail as the standard. All days off, vacation, holidays, and shift selections will be
determined by overall seniority in a specific job classification, in compliance with
department policy. The department will continue to designate the shifts to be available;
including the days off and shifts starting and stopping times. Employees will choose
from those shifts designated by the department as available.
18.2 Seniority as it applies to special assignments for the officers will also fall under this
standard regardless of seniority in the special assignment. This shall include all current
incumbents in specialty assignments as outlined in Article 8.
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ARTICLE 19
HOLIDAYS
19.1 For all employees, holiday leave shall be accrued as earned each payroll period at a rate
of eight hours per month. The following thirteen days of each year are designated
holidays for non -shift employees:
January 1 — New Year's Day
Third Monday in January — Martin Luther King's Birthday
Third Monday in February — Presidents' Day
Last Monday in May — Memorial Day
July 4 — Independence Day
First Monday in September — Labor Day
September 9 — California Admission Day
Second Monday in October — Columbus Day
November 11— Veteran's Day
Fourth Thursday in November— Thanksgiving Day
Friday after Thanksgiving Day
December 25 — Christmas
One -half day before Christmas
One -half day before New Year's
19.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed.
19.3 Except with the prior approval of the Chief, non -shift personnel shall take the holidays as
scheduled above.
19.4 Each employee shall earn 4.33 hours of holiday leave semi- monthly, in lieu of fixed
holidays. Such employees shall receive payment at straight time hourly rate for a portion
of their earned holiday leave (2.16 hours) each semi- monthly payroll period.
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19.5 Effective January 2002, the remainder of the employee's annual holiday leave (52 hours)
shall be advanced to the employee effective the first payroll period in January of each
year. Such holiday leave may be taken off by the employee with the approval of the
Police Chief or his designee.
19.6 Each calendar quarter, an employee has the option of receiving payment for one -fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate. The December 2002 cash out will include all
remaining holiday hours, even those that had been earned under the previous holiday
provisions. If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share, the value of the overage will be deducted from the employee's
final paycheck.
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ARTICLE 20
VACATION
20.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per year
of continuous service since the benefit date for the first five years, 120 hours per year
upon completion of five years, 144 hours per year upon completion of 10 years, and 160
hours upon completion of 20 years.
20.2 All employees may accrue a maximum of vacation time not to exceed twice their annual
rate.
20.3 Vacation Sellback
All employees in this unit are eligible, once annually in December, to request payment
for up to 80 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory. Payment for unused vacation
leave is subject to the availability of budgeted funds.
21.4 Patrol Vacation Assignment
The master vacation schedule shall provide that two officers per watch shall be allowed
to sign up for priority vacation. Officers shall only be required to sign up for regular
workdays.
Two additional officers (a total of four) shall be allowed to sign up on the master vacation
schedule. The Department, under . normal circumstances, dependent upon staffing level
needs, may accommodate up to a maximum total of two officers per day per shift
vacation leave.
Subject to the limitations above, after the posting of shifts /days off for each shift rotation,
employees shall be allowed to request, by seniority, for additional available vacation
days.
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ARTICLE 21
SICK LEAVE
21.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
21.2 Upon termination of employment by death or retirement, a percentage of the dollar value
of the employee's accumulated sick leave will be paid to the employee, or the designated
beneficiary or beneficiaries, according to the following schedule:
A. Death — 25%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment — 20%
2. After twenty -five years of continuous employment — 25%
3. After thirty years of continuous employment — 30%
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ARTICLE 22
FAMILY LEAVE
22.1 An employee may take up to 16 hours of sick leave per year if required to be away from
the job to personally care for a member of his/her immediate family.
22.2 An employee may take up to 40 hours of sick leave per year if the family member is a
part of the employee's household.
22.3 If the family member is a child, a parent or spouse, an employee may use up to forty-
eight (48) hours annually to tend to the illness of a child, parent or spouse, instead of the
annual maximums set forth in paragraphs 22.1 and 22.2 in accordance with Labor Code
Section 233.
22.4 An employee may take up to 56 hours of sick leave per year if the family member is part
of the employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
22.5 The amounts shown above are annual maximums, not maximums per qualifying family
member. A member of the employee's immediate family shall mean spouse, child,
brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, or
any other relative living in the same household.
22.6 In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1280 hours in the last year may be eligible for up to 12 weeks
of Family/Medical Leave within any 12 month period. Family/Medical leave can be used
for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
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C. Placement of an employee's child for adoption or foster care.
D. A serious health condition, which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four-
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time off and holiday leave and, if appropriate, sick leave prior to receiving
unpaid Family/Medical Leave.
22.7 Employees on Family/Medical Leave will continue to receive the City's contribution
towards the cost of health insurance premiums. However, employees who receive cash
back under the City's flexible benefit Plan will not receive that cash during the
Family/Medical Leave. The City will pay only City group health insurance premiums.
22.8 If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
8. Circumstances beyond the employee's control.
Further details on Family/Medical Leave are available through the City's "Guide
to Family/Medical Leave Program
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ARTICLE 23
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the employee's
immediate family, meaning spouse, child, brother, sister; parent, parent -in -law, step - parent, step-
brother, step - sister, grandparent, or any other relative living in the same household, provided
such leave as defined in this Article shall not exceed 40 hours for each incident. The employee
may be required to submit proof of relative's death before being granted sick leave pay. False
information given concerning the death of relationship shall be cause for discharge.
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ARTICLE 24
CATASTROPHIC LEAVE
24.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be transferred from one or more
employees (donors) to another employee (recipient). The recipient may participate in the
program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirmed by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 23, has
sustained a life threatening or debilitating illness, injury or condition (The Chief
may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to
a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days and
have applied for a leave of absence without pay for medical reasons. This
condition does not apply when the illness or injury involves a member of the
recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
24.2 Transferring Time
The following rules apply when donations of time occur:
A. Vacation, compensatory time off, and holiday leave may be transferred by regular
employees.
B. The time will be converted from the type of leave given (i.e. vacation, holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited to
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the recipient's leave time balance on an hour- for -hour basis and shall be paid at
the rate of pay of the receiving employee.
C. The donations must be a minimum of four hours and, thereafter, in whole hour
increments.
D. The total leave credits received by the employee shall normally not exceed three
months; however, if approved by the Chief, the total leave credits received may
be up to a maximum of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to the
limits of this policy (see D. above), even though such use exceeds the limits for
family care leave found in Article 22.
F. Donations approved shall be made on a Donation of Time Credits form signed by
the donating employee. These donations are irrevocable under any conditions.
24.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he /she may appeal
this initial decision jointly to the Director of Human Resources.
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ARTICLE 25
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State
Workers' Compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his base salary and the amount provided by Workers'
Compensation law during the first 90 business days of such disability absence.
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ARTICLE 26
JURY DUTY AND MILITARY LEAVES
26.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the court
by an amount equal to the difference between the pay he /she received as a juror and
his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee shall be spent
performing the employee's regular job assignments unless the department head, upon
approval of the Director of Human Resources, determines this not to be practical.
26.2 MILITARY LEAVE
Any line -item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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27.1 Payday
ARTICLE 27
GENERAL PROVISIONS
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working conditions and
is subject to adjustment for cause beyond the City's control.
27.2 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review of
compensation shall be the same survey agencies as the City uses for other City
employees. Parties agree that this survey shall be based on total compensation and shall
only be one of the considerations used to determine compensation.
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ARTICLE 28
RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a one -hour driving radius from the San Luis
Obispo Police Department.
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ARTICLE 29
PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
1. Job Announcement. When the Police Department notifies the Department of Human
Resources of a Sergeant position vacancy, the Department of Human Resources will
publish a job announcement. The job announcement will identify the selection
procedure, which includes the application process, test components with their weights
expressed as a percentage of the total score, and tentative dates of the testing schedule.
Whenever available, the City will identify study materials at least 60 days in advance of a
test.
2. Application Process. A completed City application must be received in the Department
of Human Resources by the filing deadline. The filing deadline will be at least 30 days
from the date the job announcement is released by the Department of Human Resources.
3. Testing Components.
A. Written Test: The written test will count as 20% of the final score.
1. A standardized Police Sergeants multiple- choice test as provided by a
testing service, such as Cooperative Personnel Services (CPS) or
International Personnel Management Association (IPMA). If available,
the City will provide a list of suggested study materials.
2. A score of 70% or better on the written test will enable a candidate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
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4. The Chief or his/her designee will review the test before it is given to
ensure that the exam contains material relevant to a supervisory position in
San Luis Obispo.
A. Assessment Center will count as 60% of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of these
exercises will be a traditional oral board interview. Other exercises may
include a situational role - playing, oral resume, simulation exercises; and a
supplemental questionnaire to assess written communication, critical
thinking, problem solving and leadership skills, or other testing
instruments as determined by the Human Resource Director in
consultation with the Police Chief. The Human Resources Director shall
determine the weight of each Assessment Center activity. In no case shall
the oral interview count less than 60% of the total Assessment Center
score.
2. The evaluators will be members of the law enforcement community.
Selection of the evaluators will be made by the Human Resources Director
in consultation with the Chief of Police. The Human Resources Director
or his/her designee from the HR Department will be responsible for
instructing the raters on how to conduct interviews and the scope of the
interviews.
3. A Police Department observer as appointed by the Chief of Police and an
Association observer as appointed by the Association may monitor the
Assessment Center. The Association observer must be a neutral, non -unit
member not a part of, nor directly impacted by the testing process.. Both
observers shall be subject to approval by the Human Resources Director.
The Chief of Police or his/her designee will provide the evaluators and
observers with information about the qualifications desired for the position
being tested.
4. At the conclusion of the testing process, each candidate will be asked to
complete an anonymous evaluation of the testing procedure. This will be
used to make improvements on the process. The evaluation will not be
used in determining the final outcome of the testing process.
A. Staff Evaluation will count as 20% of the total score. In addition to this review,
the Chief shall review the candidate's personnel files prior to making an
appointment. The staff evaluation will not be provided to the oral panel.
1. Past and present day performance is a significant factor, which should be
considered when determining a candidate's promotability.
2. Each candidate who passes the written test will be evaluated by all sworn
members of the Department with the rank of sergeant or lieutenant,
excluding the Captains and the Chief of Police.
3. Subject to the approval of the Police Chief, if a supervisor feels he or she
is unable to conduct an impartial evaluation due to unfamiliarity with a
given applicant, he or she may opt not to evaluate the candidate but will be
required to document the lack of familiarity on the evaluation form.
4. Staff evaluators will be able to review the three (3) most current
performance evaluations and documentation from the last 24 months of
counseling sessions.
5. Staff evaluations are to be in writing on a form developed by the Director
of Human Resources and signed by the evaluator.
6. The staff evaluations will be discussed in a staff meeting.
7. Each applicant's evaluation forms shall be available for review by the
applicant. The applicant shall not have access to the other applicants'
evaluation forms.
8. Final scores will be tabulated by the Department of Human Resources.
Prior to the score tabulation, applicants will have the opportunity to
request in writing that the Department of Human Resources correct any
factual errors contained in the applicant's staff evaluation.
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A. Peer evaluation is not compulsory, is only advisory to the Chief of Police and
does not count toward the final score.
1. Peer evaluation is limited to those candidates who pass the Assessment
Center.
2. All regular Department employees below the rank of Sergeant may
complete a peer evaluation on a form developed by the Director of Human
Resources.
3. Participants must verify their eligibility to participate in the peer review
process.
4. The results of the peer evaluation will be tabulated by the Department of
Human Resources. All forms will be anonymously forwarded to the Chief
of Police.
5. The tabulated results of the peer evaluation for each individual candidate
shall be released to the individual candidate upon request of the Human
Resources Director after the eligibility list has been certified.
4. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources
shall tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given his/her score in writing.
C. Final selection by the Police Chief will be in accordance with the City's Personnel
Rules and Regulations.
D. The eligibility list shall be valid for one year unless extended, in accordance with
the City's Personnel Rules and Regulations.
E. Announcements for promotional opportunities for members of the Association
will list testing and scoring processes that will be followed. Once defined, testing
and scoring processes will not be modified.
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o
There will be no banding on promotional exams and, if a candidate is by -passed
during the selection process, that person will be given a written reason by the
Police Chief as to why he /she was by- passed. The City agrees to an opener to
discuss the promotional process if the Police Chief goes below the top three (3)
candidates in making his/her selection on promotional exams two (2) or more
times during the term of this contract.
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ARTICLE 30
DEFINITIONS
For purposes of uniformity in the performance evaluation process, the following definitions are
provided:
UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the position. Performance
indicates serious lack of knowledge of basic skills or lack of application of skills. Requires
immediate attention and improvement.
IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the position.
Performance indicates some deficiency in basic skill, knowledge or application. Specific efforts
to improve desired.
MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected standards. Performance
indicates fully acceptable demonstration of knowledge and skills.
EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position. Performance indicates superior
knowledge and application of skills.
OUTSTANDING
Exceptional performance. Application of knowledge, skills and results are consistently well
beyond the expected standard for position.
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ARTICLE 31
GRIEVANCE PROCEDURE
31.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of
Charter Section 1107, the Employer- Employee Resolution, the Personnel Rules and
Regulations, this MOA or any existing written policy or procedure relating to wages,
hours or other terms and conditions of employment excluding disciplinary matters. A
grievance filed by an individual employee should be clearly identified as a formal
grievance. This will be accomplished through the use of a formal grievance form (See
Appendix B).
31.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should be filed
only after the employee has attempted to resolve the disagreement with his/her immediate
supervisor. As a courtesy, the employee should advise his/her supervisor of any intention
to file a formal grievance. This action must take place within 15 business days of the
occurrence of the grievance. Employees may be accompanied by a representative at each
step of the process. If a specific action to be grieved affects several employees, those
employees may consolidate their grievances and be represented.
31.3 After consideration of a formal grievance, which could include consultation and/or
further discussion, the Chief, within 15 days of the filing of the formal grievance, will
provide a written response to the employee representatives advising of his decision.
31.4 The grievance procedures shall be outlined in the Personnel Rules and Regulations.
31.5 A grievance is appealable, following several preliminary steps, to a Hearing Officer
whose decision shall be final. A list of five potential hearing officers shall be obtained
from the State Mediation and Conciliation Service by mutual consent. Then following a
random determination of which party begins, parties shall alternately strike one name
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from the list until only one remains. Any fees or expenses of the Hearing Officer shall be
payable one -half by the City and one -half by the appellant. All other expenses shall be
borne by the party incurring the expense. Provided that implementation processes are
correctly followed, amending the Employer - Employee Resolution or the Personnel Rules
and Regulations or creating new or amended written policies or procedures may not be
grieved but shall first be subject to notice and consultation or meeting and conferring
with the Association as provided in Sections 7, 8 and 9 of Resolution No. 6620.
31.6 Any dispute regarding the eligibility of an issue for the grievance process may be
appealed through the process ultimately to the Hearing Officer who shall decide on the
eligibility prior to ruling on the merits.
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ARTICLE 32
LAYOFFS
32.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
Category 1:
Performance that is Unacceptable or Improvement Needed.
Performance defined by this category is evidenced by the employee's two most recent
performance evaluations with an overall rating that falls within the lowest two categories
of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance Standards, or is
Outstanding.
Performance defined by this category is evidenced by an employee's two most recent
performance evaluations with an overall rating that falls within the top three performance
categories of the performance appraisal.
32.2 A regular employee being laid off shall be that employee with the least seniority in the
particular job classification concerned who is in the lowest job performance category.
Employees in Category I with the lowest seniority will be laid off first, followed by
employees in Category H. Should the two performance evaluations contain overall
ratings that are in the two different Categories as defined above, the third most recent
evaluation overall rating shall be used to determine which performance category the City
shall use in determining order of layoffs.
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32.3 The parties agree that employees who are laid off pursuant to this Article shall have
reemployment rights prior to the employment of individuals on an open or promotion list.
The employee to be rehired must, at the time of rehire, meet the minimum qualifications
as stated in the appropriate class specifications. Employees will be rehired on the basis of
last out, first in.
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ARTICLE 33
WORK ACTIONS
33.1 Participation by an employee in a strike or a concerted work stoppage is unlawful and
shall terminate the employment relation. Provided, however, that nothing herein shall be
so construed as to affect the right of any employee to abandon or to resign his
employment.
33.2 The Association shall not hinder, delay, interfere, or coerce employees of the City in their
peaceful performance of City services by strike, concerted work stoppage, cessation of
work, slow -down, sit -down, stay -away, or unlawful picketing.
333 In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions,
may by the action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the Association.
33.4 Employee members of the Association shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing and able to perform such duties in the customary manner and at a reasonable level
of efficiency.
33.5 Any decision made under the provisions of this Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based. Such
Notice of Appeal must be filed within 10 working days after the Association first
received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
55
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ARTICLE 34
COMMUNICATION PROCESS
34.1 Conferences
There will be meetings as needed between the Chief of Police and management
member(s) and at least two Association representatives to discuss problems or other
subjects of mutual interest. Minutes of the meeting will be maintained to reflect topics
discussed, actions to be taken, the party responsible for any action and the expected
completion date.
34.2 Quarterly Meetings
Two to four representatives of the Association, the City Administrative Officer (or
designee), Chief of Police (or designee), and management representative(s) designated by
the City will meet quarterly if there are issues of concern to the parties. No issues will be
brought to this quarterly meeting without first having been discussed with the Chief of
Police at a previous conference.
m]
ARTICLE 35
NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to meet
and confer with City representatives prior to making the change(s).
57
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ARTICLE 36
EQUIPMENT
The City agrees to provide each sworn employee of the Association a Bianchi "Accumold"
utility belt. The utility belt will only be worn as directed by the Chief of Police. The utility belt
will become the property of the employee and the employee agrees to maintain this piece of
equipment.
A. The utility belt will consist of: belt, handcuff case, chemical spray holder, baton holder
(to fit the baton carried by the employee), magazine case (to fit the magazines carried by
the employee), holster (to fit the weapon carried by the employee), radio holder (to fit the
radio carried by the employee), and four belt keepers. Any other accessories will be the
responsibility of the employee.
B. All appropriate classifications shall be issued A -Level 1BA Ballistic Helmet with riot face
shield fixed.
C. All appropriate classification shall be issued a chemical protective breathing mask fitted
with belt mounted carrying bag. All protective masks shall be in compliance with
CaIOSHA minimum standards including employee training.
D. Non -sworn employees not subject to assignments necessitating helmets /chemical masks
will not have them issued.
W.
ARTICLE 37
LIGHT DUTY
The City and the Association have met and conferred on a light duty /return to work policy,
which is established by mutual agreement as Police Department Operations Directive L -02,
dated May 12, 1999.
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ARTICLE 38
WORK SCHEDULES
38.1 The existing side letter agreement for schedules in patrol is incorporated herein as
Appendix C. Other division/assignments may be provided alternate work schedules
under the following language:
Employees may request that the Department Head or his/her designee consider alternate
work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80
schedules, 12 -hour schedules, flexible schedules, etc. Alternate schedules may provide
for paid or unpaid lunch periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of at least
thirty calendar days prior to having an alternate work schedule discontinued. Such notice
does not apply to moving between alternate schedules, temporary schedule changes,
flexible schedules, etc. If an alternate schedule is discontinued, the Department will
notify the Association of the reason(s) for ending the schedule.
Employees on flexible /alternate schedules shall continue to accrue time on the standard
eight (8) hour day. Accrued leave shall be charged based on the number of hours missed
due to a flexible schedule.
Flexible /alternate schedules implemented for non -sworn employee(s) may have a
different FLSA seven (7) day work cycle established. Once established, the FLSA work
schedule shall not be changed on a frequent or routine basis.
.E
38.2 Communications- Technician 3112 Work Schedule
I. SHIFT ASSIGNMENTS:
A. Work shift assignments will consist of Day Watch and Day Watch relief, 0700
hours -1900 hours, Night Watch and Night Watch relief, 1900 h6urs -0700
hours (with the exception of shift adjustments as defined in Section VI).
B. The work period is defined as eighty (80) hours during a fourteen (14) day
period. The eighty hour work period shall consist of a total of six (6) twelve
(12) hour shifts with one eight (8) hour payback shift. A work week is
defined as three (3) twelve (i2) hour shifts with one eight (8) hour payback
shift attached during the fourteen (14) day work period. Days off shall be in
conjunction with the employee work week and not split unless there is consent
by the employee. Example: Week one, M, T, W, week two, M, T, W, TH (8
Hour Payback.)
C. Paybacks shall be scheduled for eight (8) hours during the employee's normal
work hours in conjunction with workdays by seniority.
D. Every employee shall sign up for a relief shift before another employee is
assigned to work a second relief shift.
1. The day watch relief will be assigned to cover absences for
Communications Technicians on day, watch and the night watch relief will
be as to cover absences for Communications Technicians on night
watch. Relief will only be assigned to cover the opposite shift by seniority
(e.g. day covers for night) when staffing vacancies exist or when
necessitated by special events or circumstances (e.g. Mardi Gras).
Permanent and temporary shift vacancies may be staffed by reassignment
of the relief shift with seven (7) days prior notice or by voluntary
agreement.
2. Relief will not be scheduled to work a shift in the middle of days off.
Example: Week one, M, T, W, off, F, off, off.
3. Relief will have at least two `(2) days off in between work weeks.
Example: M, T, W, T, off, off, S, M, T.
4. Communications Technicians assigned to relief dispatch work schedules
shall be compensated for hardship duties by receiving five (5 %) percent
additional salary while assigned, effective January 13, 2005.
61
H. SHIFT SIGN UP:
A. The Communications .Manager will post the annual shift and leave sign up
schedule by September 15`h each year for the following year. Communication
Technicians sign up for shift selection, selected days off, vacation,
compensatory time off (CTO) and holiday time.
B. Employees will sign up by seniority for their choice of shifts, payback hours,
and leave hours for each of the three annual rotations. Shift selection will be
by seniority, including relief shift.
C. Employees shall have three days (72 hrs) from the date of receipt of the
schedule to make their selection for work shifts, days off and :annual vacation
accrual. Employees, are entitled to sign up for the total of their annual accrual
of vacation time utiizing coding "W.
Communications Technicians will sign -up for "V" days with the
expectation that the center is fully staffed and the relief from that watch is
available to cover. Communication Technicians may not sign up for
vacation time during the initial sign -up if it will incur overtime. First draft
vacation requests shall be approved with mandatory overtime in the event
of unit vacancies after the master schedule is completed.
D. Once all unit employees have had the opportunity to sign up for their
maximum accrual of vacation time, they shall be entitled to again sign up by
seniori ty for all accrued compensatory time off (CTO), holiday hours and
previously unselected leave time they will have accumulated by the date
requested. Compensatory time off shall be coded "CTO ", holiday leave and
all other previously unselected leave time shall be coded "H".
1. Second draft CTO, holiday and previously unselected leave time may be
granted and overtime considered for unit vacancies. Overtime will be
posted to accommodate such leave requests. Should the overtime remain
unfilled, the requested leave time "shall be cancelled.
2. In the event that scheduled CTO time is cancelled, the affected employee
shall be paid for the CTO hours scheduled, work the shift and be
compensated with overtime as defined in Section 113..
E. The Communications Manager shall approve leave time by seniority and post
same on the electronic schedule by the start of each rotation.
F. Employees generally will not be allowed to work more than two consecutive
shift assignments without rotation to an alternate shift. The Communications
Manager may consider requests to work more than two consecutive rotations
62
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for hardship and educational purposes. In no case will a senior employee be
adjusted from shift preference without their consent to mitigate requested
hardship or educational requests.
Any request for a change or deviation between employees (i.e. shift
rotation trade) must be submitted in memo form signed by both affected
employees within one week of posting the tentative schedule. Requests
will be forwarded through the chain -of- command for a final decision by
the Bureau Commander or designee. If approved, affected employees will
also trade seniority for selection of days off. For scheduling purposes; the
shift change will affect only the two employees involved. Affected
employees will receive credit for the shift they signed up for.
III. SHIFT REASSIGNMENT CREATED BY UNDER STAFFING:
A. If an employee is reassigned to a long term vacancy and the absent employee
returns to duty, both employees shall return to their originally selected shift.
B. In the event of a staffing vacancy the reassigned employee who was
reassigned shall have the option of returning to their originally selected shift
or remaining for the duration of the designated shift once the vacancy is filled.
C. In the event an employee is reassigned from a selected shift to a designated
shift, the employee may elect to receive work credit. for either shift to meet
rotation requirements.
IV. SHIFT TRADE:
A. All requests for shift trades between employees shall be submitted utilizing
the Substitute Work Agreement form. Requests will be approved by a Bureau
Commander or designee.
V. LEAVE TIME CANCELLATION:.
A. In the event an employee opts to cancel scheduled time off, they will by email
notify the Communication Manager. The Communications Manager will by
email, notify all unit members of the available cancelled leave time. By
seniority, employees junior to the employee canceling leave time may request
time off utilizing the cancelled dates. If the cancelled time was priority
signup, the department shall grant such time off with the same consideration
as originally scheduled as outlined in H. C., as long as the employee has the
vacation time and does not exceed their annual allotment. If the cancelled
leave time was secondary signup, the overtime consideration articulated in H.
D. shall be applied..
63
C) O
VI. SHIFT ADJUSTMENTS:
A. Shift adjustments on a regular scheduled day required to staff Communication
Technician vacancies or sick leave will not exceed four (4) hours without the
consent of the affected employee. When shift adjustments are required, there
shall be a minimum of ten (10) hours between shifts without loss of
compensation.
B In any situation necessitating a shift adjustment, volunteers will first be
sought. Whenever volunteers cannot be located, employees will be chosen
sequentially by seniority.
1. At least fourteen (14) days notice will be given on planned leave.
2. An employee authorized to shift adjust will not suffer loss of briefing_ pay
or other normal benefit.
C. The Communications Manager and/or Supervisors shall notify employees via
email of all changes made to their work schedule at the time said change is
made.
VII. MEAL.AND REST PERIODS:
A. Meal periods shall consist of not less than thirty (30) minutes paid subject to
interruption, as staffing permits. Two fifteen (15) minute rest periods (breaks)
shall be provided, as staffing permits. Breaks may be taken using any
combination of the total time allowed. Meal and rest periods (breaks) are
subject to interruption and must be taken within the building.
38.3 Shift adjustment guidelines are incorporated herein as Appendix E.
38.4 Field Service Technicians will be entitled to a thirty minute unpaid lunch break..
38.5 Investii4ations — Division Work Schedule
A. The City will commence a trial 4/10 work schedule the pay period following
Council ratification of this agreement in accordance with the City's alternate work
schedule policy. The schedule will include a 30 minute unpaid lunch.
Me
ARTICLE 39
SWAT
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City's request each member requesting
reimbursement may be required to provide proof of membership and active participation.
65
0 0
ARTICLE 40
TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Operations Directive T -12,
where the employee may be subject to investigation, shall be advised. of his/her right to
representation.
..
I� •
ARTICLE 41
NO DISCRIMINATION
41.1 There shall be no discrimination by the City of San Luis Obispo in employment
conditions or treatment of employees on the basis of race, color, religion, national origin,
sex, sexual orientation, age, marital status, physical or mental disability, association
membership or non - membership, or participation in the activities of the Association.
41.2 There shall be no discrimination by the San Luis Obispo Police Officers Association in
treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, Association membership or
non - membership, or participation in the activities of the Association.
67
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ARTICLE 42
STAFFING
The current number of positions in the Police Department represented by the Association is
Forty -Four (44) Police Officers, Ten (10) Communication Technicians, Three (3) Field Service
Technicians, Four and one -half (4.5) Police Records Clerks and One (1) Evidence Technician. If
it becomes necessary for the City to exercise its management right to change those staffing
levels, the City acknowledges its responsibility to meet and confer with the Association on the
impacts of any such changes.
C'f:3
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ARTICLE 43
CONTINUING NEGOTIATIONS
The City and Association agree to continue negotiations on the issue of credit for special
assignments for the MPO program only. If the parties are unable to reach agreement on this
issue, all normal impasse procedures will apply.
.•
ARTICLE 44
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Association. This Agreement supersedes all previous
Memoranda of Understanding or Memoranda of Agreement between the City and the
Association except as specifically referred to in this Agreement. The parties, for the term of this
Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect
to any practice, subject or matter not specifically referred to or covered in this Agreement even
though such practice, subject or matter may not have been within the knowledge of the parties at
the time this Agreement was negotiated and signed. In the event any new practice or subject
matter arises during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer upon request.
70
ARTICLE 45
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within a 30 day work period. If no agreement has
been reached, the parties agree to invoke the provision of impasse under Charter Section 1107.
71
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ARTICLE 46
RENEGOTIATIONS
C
If either party wishes to make changes to this Agreement, that party shall serve upon the other its
written request to negotiate, as well as its initial proposals for an amended Agreement. Such
notice and proposals must be submitted to the other party no more than 135 days nor less than
105 days prior to the end of the Agreement. If notice is properly and timely given, negotiations
shall commence no later than 90 days prior to the end of the Agreement.
72
RESOLUTION NO. 9714 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF
THE CITY OF SAN LUIS OBISPO APPROVING A
CONDOMINIUM CONVERSION FOR 168 APARTMENTS AT
1017 THROUGH 1043 SOUTHWOOD DRIVE,
APPLICATION NO. CON 29 -05
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 May 11, 2005 for the purpose of considering Application No. CON 29 -05, a
request to allow a Condominium Conversion for 168 apartments known as Parkwood Village
Apartments at 1017 through 1043 Southwood Drive; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the project; and
WHEREAS, the 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 July 19,
2005 to consider Application No. CON 29 -05, a request to allow a Condominium Conversion for
168 apartments known as Parkwood Village Apartments at 1017 through 1043 Southwood
Drive; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review (CEQA); and
WHEREAS, the Council has duly considered all evidence, including the testimony of the
applicant, 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. Findings. Based upon all the evidence, the Council makes the following
findings:.
The proposed condominium conversion consisting of 168 apartment units is
consistent with the General Plan because changing the apartments to condominiums
will not impact available affordable housing since the conversion will provide deed
restricted affordable units consistent with the City's Inclusionary Housing Ordinance.
The existing affordable housing units (Section 8 units) would not be affected by the
conversion and would continue to remain affordable as currently contracted.
R9714
0 0
Resolution No. 9714 (2005 Series)
Page 2
2. The proposed conversion is consistent with the annual limits for the conversion of
apartments to condominiums since half the number of multi - family units added to the
City's housing stock in 2004 is greater than the proposed number of conversions. In
making this determination, the Council is counting the recently constructed 200 unit
Cerro Vista Student Housing Complex at Cal Poly as multi - family units added to the
City's housing stock in the preceding year. The Council specifically finds such a
calculation appropriate since:
a. Cerro Vista opened in the 2003 -04 academic year;
b. Cerro Vista, although located on the Cal Poly campus and immediately adjacent
to the City limits, was for the first time included as part of the City's Housing
stock under the City's General Plan Housing Element adopted in March 2004 and
approved by the California Department of Housing and Community Development
(HCD) in December 2004;
c. Cerro Vista provided housing for university students who otherwise in 2004
would have resided in other locations within the City;
d. by counting Cerro Vista as part of the 2004 calculation, the Council is able to
accept the offer made by the owner of Parkwood Village to donate to the Housing
Authority of San Luis Obispo 34 units in fee for. use by low income families,
where such offer was specifically conditioned upon approval of the conversion of
168 units, which is possible if Cerro Vista is counted in determining one -half the
number of multi - family units added to the City's housing stock in 2004;
e. by approving the conversion of all 168 units and accepting the offer of 34 low
income units in fee, the City is increasing the number of affordable housing units
in the community, achieving an important General Plan goal, and complying with
housing goals set out by HCD;
f. the inclusion of Cerro Vista in the 2004 multi - family units calculation is not
intended to set a precedent for future calculations for purposes of implementing
the City's condominium conversion regulations, but rather is being done to further
the public health, safety and welfare and to accept a unique, one -time offer with
great and lasting benefits to the citizens of this community.
3. As conditioned, the conversion will substantially comply with the property
improvement standards for Condominium Conversions with the exception of private
open space yards.
4. As stated in the applicant's property condition report, the property is in satisfactory
condition and a report of any known defects will be made available to future property
owners and kept on file at the City.
5. Based on a staff review of the application materials, a visit to the site and a review of
City records, the property is in substantial compliance with the Zoning Code in terms
of allowed use, density, parking, yard areas, building height, and all other applicable
property development standards.
6. In accordance with the Condominium conversion standards the applicant has
appropriately delivered a notice of intent to convert to each tenant.
CD 0
Resolution No. 9714 (2005 Series)
Page 3
7. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual
ownership units and will result in a satisfactory living environment for future property
owners.
8. In .accordance with the CEQA Guidelines Section 15301 (K) the conversion of
multiple family residences into condominiums is categorically exempt from
environmental review.
SECTION 2. The Council hereby approves the conversion of 168 apartment units for
application No. CON 29 -05, at 1017 through 1043 Southwood Drive to individual ownership
condominiums in accordance with Municipal Code 17.82, subject to the following
conditions:
1. The applicant shall apply for a tentative parcel map as defined by the Subdivision
Map Act and in accordance with the City's Subdivision Regulations and Municipal
Code Chapter 17.82 (Condominium Conversions). The tentative parcel map shall be
subject to (but not limited to) the following conditions of approval:
g. If not already existing, each unit shall be supplied with individual meters for gas,
water and electrical service. Location and type of metering shall be subject to
review and approval of the City.
h. A complete property condition report shall be made available to the City along
with the application for a tentative map. Any building defects noted in the
property condition report submitted to the City shall be repaired prior to approval
of the final condominium map.
i. Any improvements necessary to comply with the property improvement standards
for condominium conversions (Chapter 17.82.110 A through O) shall be
completed prior to approval of the final condominium map. Such improvements
include (but may not be limited to): private open space yards, bicycle storage
lockers, retrofitting units with additional energy compliance requirements such as
increased insulation, restoration and refurbishing of landscape areas, installation
of common area improvements, installation of smoke detectors and fire protection
systems, or repair and upgrades of parking areas. These improvements may be
subject to separate applications for architectural review and a building permit.
j. Conditions, Covenants and Restrictions (C.C. &R.$) are required, to the approval
of the Community Development Director and the Public Works Director. The
C.C. &R.s shall include a description and regulations pertaining to the open space
easement and all common areas.
k. If pertinent, the tentative map shall reflect the location of all any overhead and
underground utilities.
I. 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.
C O
Resolution No. 9714 (2005 Series)
Page 4
m. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from
any claim, action, or proceeding against the city or it agents, officers or
employees to attack, set aside, void or annul an approval of the city, advisory
agency, appeal board or legislative body concerning this subdivision. The city
shall promptly notify the subdivider of any claim, action or proceeding and shall
cooperate fully in the defense.
2. Each non - purchasing tenant not in default under the provisions of the rental
agreement or lease shall have the right to remain not less than 300 days from the
written notice of intent to convert. The 300 days shall commence no sooner than July
19, 2005.
3. After submittal of the tentative map, prospective tenants shall be given a written
notice of intent to convert prior to leasing or renting any unit.
4. Applicant shall give any present tenant a non - transferable right of first refusal to
purchase the unit occupied. This right of first refusal shall extend at least ninety days
from the date of issuance of the subdivision public report or commencement of sales,
whichever date is later. The tenants' security deposit and last months rent shall be
credited towards the purchase of the property.
5. The parking lot areas shall be reconstructed to repair damaged surfacing as necessary
prior to recordation of final map.
6. All exterior finishes, roofing, paint and exposed wood materials shall be repaired or
refinished as necessary in order to bring the buildings up to a satisfactory and above
average condition.
7. The existing 34 units presently under contract with the Housing Authority of the City
as section 8 housing shall be deeded to the Housing Authority. The units shall be deed
restricted as affordable to very low income groups for 30 years, consistent with the
City of San Luis Obispo Affordable Housing Standards at time of transfer to the
Housing Authority.
SECTION 3. This resolution supersedes and replaces Resolution No. 9712 (2005 Series)
adopted by this Council on July 19, 2005.
On motion of Council Member Brown, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Brown, Mulholland, Settle and Mayor Romero
NOES: None
ABSENT: Vice Mayor Ewan
C O
Resolution No. 9714 (2005 Series)
Page 5
The foregoing resolution was adopted this 26 h day of July 2005.
Mayor David F. Romero
ATTEST:
Audrey Ho#ff
City Clerk
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
C,�w 2 0
�Jr
C,
RESOLUTION NO. 9713 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF
THE CITY OF SAN LUIS OBISPO DENYING A
CONDOMINIUM CONVERSION FOR 77 APARTMENTS AT 11955 LOS
OSOS VALLEY ROAD (1778 THROUGH 1796 TONINI DRIVE)
APPLICATION NO. CON 25 -05
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 May 11, 2005 and recommended denial of Application No. CON 25 -05, a request
for a Condominium Conversion for 77 apartments known as Rancho Obispo Apartments at 1778
through 1796 Tonini Drive; and
WHEREAS, said public hearing was for the purpose of formulating and forwarding
recommendations to the City Council of the City of San Luis Obispo regarding the project; and
WHEREAS, the 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 July 19,
2005 to consider Application No. CON 25 -05, a request for a Condominium Conversion for 77
apartments known as Rancho Obispo Apartments at 1778 through 1796 Tonini Drive; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review (CEQA); 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, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings to deny the conversion request:
1. The proposed condominium conversion is not consistent with the General Plan because
changing the apartments to condominiums will displace existing tenants and may reduce
the level of affordability for the majority of the apartment units.
2. The conversion does not comply with the property improvement standards for
Condominium Conversions since the private open space areas are too small and do not
allow for privacy.
3. The conversion conflicts with the intent of the Planned Development zoning for De Vaul
Ranch since the planned development was designed to provide for a mixture of housing
types and tenure. Conversion of apartments to condominiums will reduce the tenure
mixture and allow ownership units to be the dominant housing type. R9713
Resolution No. 9713 (2005 Series)
Page 2
SECTION 2. Action. The Council hereby denies Application No. CON 25 -05, a request
to convert seventy -seven (77) apartment units at 1778 through 1796 Tonini Drive to individual
ownership condominiums in accordance with Municipal Code 17.82,
On motion of Vice Mayor Ewan, seconded by Council Member Brown, and on the following roll
call vote:
AYES: Council Members Mulholland and Brown, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 19th day of July 2005.
Mayor David F. Romero
ATTEST:
Audrey Ho per
City Cler
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
/r) �
�'� � �
���`
r���
RESOLUTION NO. 9712 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF
THE CITY OF SAN LUIS OBISPO APPROVING A
CONDOMINIUM CONVERSION FOR 168 APARTMENTS AT
1017 THROUGH 1043 SOUTHWOOD DRIVE
APPLICATION NO. CON 29 -05
This resolution was not executed —
See City Council Minutes, July 26, 2005 for further information.
C' O
RESOLUTION NO. 9711 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF
THE CITY OF SAN LUIS OBISPO APPROVING A
CONDOMINIUM CONVERSION FOR TWENTY APARTMENTS AT
2975 ROCKVIEW PLACE
APPLICATION NO. CON 1 -05
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 May 11, 2005 and recommended approval of Application No. CON 1 -05, a
request to approve a Condominium Conversion for 20 apartments known as Rockview Heights at
2975 Rockview Place; and
WHEREAS, the 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 July 19,
2005 to consider Application No. CON 1 -05, a request to approve a Condominium Conversion
for 20 apartments known as Rockview Heights at 2975 Rockview Place; and
WHEREAS; notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review (CEQA); 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 Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed condominium conversion is consistent with the General Plan because
changing the apartments to condominiums will not impact available affordable housing
since the conversion will provide a deed restricted affordable unit consistent with the
City's Inclusionary Housing Ordinance and the other units are affordable by design.
2. As conditioned, the conversion complies with the property improvement standards for
Condominium Conversions.
3. As stated in the applicant's property condition report, the property is in satisfactory
condition and a report of any known defects will be made available to future property
owners and kept on file at the City.
4. Based on a staff review of the application materials, a visit to the site and a review of
City records, the property is in substantial compliance with the Zoning Code in terms of
allowed use, density, parking, yard areas, building height, and all other applicable
R9711
Resolution No. 9711 (2005 Series)
Page 2
property development standards.
5. In accordance with the Condominium conversion standards the applicant has
appropriately delivered a notice of intent to convert to each tenant.
6. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual
ownership units and will result in a quality living environment for future property
owners.
7. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple
family residences into condominiums is categorically exempt from environmental review.
SECTION 2. Action. The Council hereby approves Application No. CON 1 -05, a request
to convert twenty apartment units at 2975 Rockview Place to individual ownership
condominiums in accordance with Municipal Code 17.82, subject to the following
conditions:
1. The applicant shall apply for a tentative parcel map as defined by the Subdivision Map
Act and in accordance with the City's Subdivision Regulations and Municipal Code
Chapter 17.82 (Condominium Conversions). The tentative parcel map shall be subject to
(but not limited to) the following conditions of approval:
a. Each unit shall be supplied with individual meters for gas, water and electrical
service. Location and type of metering shall be subject to review and approval of
the City.
b. Any building defects noted in the property condition report submitted to the City
shall be repaired prior to approval of the final condominium map.
c. Any improvements necessary to comply with the property improvement standards
for condominium conversions (Chapter 17.82.110 A through O) shall be
completed prior to approval of the final condominium map. Such improvements
include (but may not be limited to): private open space yards, bicycle storage
lockers, retrofitting units with additional energy compliance requirements such as
increased insulation or insulated windows, restoration and refurbishing of
landscape areas, installation of common area improvements, installation of smoke
detectors and fire protection systems, or repair and upgrades of parking areas.
d. Conditions, Covenants and Restrictions (C.C. &R.$) are required, to the approval
of the Community Development Director and the Public Works Director. The
C.C. &R.s shall include a description and regulations pertaining to the open space
easement and all common areas.
e. If pertinent, the tentative map shall reflect the location of all any overhead and
underground utilities.
f. 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.
g. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from
any claim, action, or proceeding against the city, or it agents, officers or
employees to attack, set aside, void or annul an approval of the city, advisory
C' O
Resolution No. 9711 (2005 Series)
Page 3
agency, appeal board or legislative body concerning this subdivision. The city
shall promptly notify the subdivider of any claim, action or proceeding and shall
cooperate fully in the defense.
2. Each non - purchasing tenant not in default under the provisions of the rental agreement or
lease shall have the right to remain not less than 330 days from the written notice of
intent to convert.
3. After submittal of the tentative map, prospective tenants shall be given a written notice of
intent to convert prior to leasing or renting any unit.
4. Applicant shall give any present tenant a non - transferable right of first refusal to purchase
the unit occupied. This right of first refusal shall extend at least ninety days from the date
of issuance of the subdivision public report or commencement of sales, whichever date is
later. The tenants security deposit and last months rent shall be credited towards the
purchase of the property.
5. A barbeque facility including a picnic bench and landscape enhancements shall be
incorporated into the common open space area. The design of the improvements shall be
reviewed and approved by the Community Development Department. The improvements
shall be constructed prior to recordation of the final condominium map.
6. Private open space yards shall be increased in size to exceed the minimum requirements
for each unit. Private open space yards, including new fencing and any other necessary
landscape improvements, shall be completed prior to recordation of a final map.
7. Solar water heating shall be provided for each unit, and appropriate easements shall be
provided for collector locations. The Community Development Director may waive the
requirement for solar water heating in cases where the Chief Building Official has
determined that equivalent energy saving will be obtained by other means.
8. A minimum of one unit, of average size and quality, shall be deed restricted to moderate
affordable levels for a minimum of 30 years, consistent with the City's Inclusionary
Housing Ordinance. The unit shall be deed restricted upon recordation of the final
condominium map prior to sale of the property.
O
0
Resolution No. 9711 (2005 Series)
Page 4
On motion of Vice Mayor Ewan, seconded by Council Member Brown, and on the following roll
call vote:
AYES: Council Members Mulholland and Brown, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was passed and adopted this 19th day of July 2005.
Mayor David F. Romero
ATTEST:
.,),� er
ler
APPROVED AS TO FORM:
Jonat an P. Lowell
City Attorney
0 0
eo b ) Z
C.
RESOLUTION NO. 9710 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO
DENY A SCHOOL TENANT PERMIT FOR THE SLO BEAUTY COLLEGE AT
PACHECO ELEMENTARY SCHOOL (165 GRAND AVENUE), THEREBY
ALLOWING THE SCHOOL TENANT PERMIT. AP- CC -72 -05
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 June 8, 2005, pursuant to the appeal received on May 2, 2005, and upheld the
Director's determination, denying a school tenant permit for the SLO Beauty College, based on
findings; and
WHEREAS, an appeal of the Planning Commission's denial of the school tenant permit
was received on June 17, 2005; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony
of the applicant, interested parties and appellant, and the evaluation and recommendations by
staff, the Community Development Department Director, and the Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
As conditioned, there is adequate on -site parking available to serve the proposed beauty
school.
2. Given the various components of the beauty school business and their large space per
person requirements, a reduced parking requirement is appropriate as it reflects the actual
demand generated by the use.
3. The use will not generate considerable traffic, with customer traffic anticipated at the rate
of only 15 customers per hour, similar to the level of traffic generated by the former
school use.
4. Continued implementation of the Trip Reduction Plan submitted to the City will reduce
the amount of traffic generated by the use to a less than significant amount.
5. The beauty school will not use utilities in amounts greater than normally provided for
school use.
6. The proposed beauty school use will not adversely affect the health, safety, or welfare of
persons living or working in the vicinity because it can reasonably meet the standards
designed to reduce impacts of public school tenant uses on the surrounding residential
neighborhood.
7. The project is categorically exempt from environmental review under Class 1 (Section
15301), Existing Facilities, of the CEQA Guidelines. R9710
Resolution No. 9710 (2005 Series)
Page 2
SECTION 2. Action.
The Council hereby approves the appeal of the Planning Commission's decision to deny a Public
School Tenant Permit for the SLO Beauty College; thereby allowing the School Tenant Permit,
subject to the following conditions:
1. The applicant shall continue to implement the trip reduction program to encourage staff,
students and customers to utilize methods of transportation other than the single- occupant
vehicle.
2. The beauty school shall not establish themselves at the site or begin business until the
necessary additional parking and parking reductions have been reviewed, approved, and
constructed.
3. Traffic Impact Fees shall be paid as part of the parking lot expansion permit process to
reflect the additional trips to the site that will be made possible.
4. The lease holder is aware that there is limited parking and that City parking standards
must be met. The available parking may be less than required for full occupancy of the
site. To ensure that the mixture of tenants does not exceed that which could be adequately
served on the site, the lease holder shall provide a running total of the site's parking
requirements (showing compliance with City Standards) with the submittal of any
business tax certificate or application for City permit.
The Council hereby approves the school tenant permit to allow the SLO Beauty College at the
former elementary school site.
On motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Mulholland and Brown, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 19`s day of July 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
Resolution No. 9710 (2005 Seri01 0
es)
Page 3
APPROVED AS TO FORM:
1 's W I .e
City Attorney
�) ��J L
w.. f"
G�
U
N
RESOLUTION NO. 9709 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE REISSUANCE OF A LOAN OF THE HOUSING
AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF
PROVIDING FINANCING FOR A RESIDENTIAL RENTAL HOUSING
FACILITY SPONSORED BY THE SAN LUIS OBISPO NON - PROFIT HOUSING
CORPORATION —DEL RIO TERRACE APARTMENTS
WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority ") is
authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of
California, as amended (the "Law "), to make bonds to finance housing developments as specified
in the Law; and
WHEREAS, the Authority has entered into a Loan Agreement, dated as of October 1,
2003 (the "Loan Agreement ") with the First Bank of San Luis Obispo (the "Bank "), pursuant to
which the Bank agreed to make a loan to the Authority (the "Loan") in an amount of up to
$4,000,000, and on October 31, 2003 (the "Date of Issuance ") the Bank made the first advance of
$54,000 of the principal of the Loan to the Authority; and
WHEREAS, the Authority has entered into a Loan Agreement, dated as of October, 1,
2003, with Johnson DRT Associates, a California limited partnership (the "Borrower ") of which
the San Luis Obispo Non - Profit Housing Corporation, a Califomia nonprofit public benefit
corporation is the sole general partner, whereby the Authority has agreed to loan the proceeds of
the Loan to the Borrower to enable the Borrower to finance the acquisition and construction of a
41 unit residential rental housing facility for seniors to be located at 2005 Johnson Avenue in the
City of San Luis Obispo (the "Project "); and
WHEREAS, the Loan is considered to be a "qualified exempt facility bond" under
Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code "), and Section
147(f) of the Code requires that the "applicable elected representative" with respect to the
Authority approve the incurrence of the Loan by the Authority following the holding of a public
hearing with respect thereto; and
WHEREAS, the Authority determined that the Council of the City was the "applicable
elected representative" to approve the incurrence of the Loan by the Authority and on May 6,
2003, the Council held a public hearing regarding the Loan and adopted a Resolution approving
the incurrence of the Loan by the Authority for the purpose of providing financing to the
Borrower for the Project; and
WHEREAS, the City is not a part to any of the agreements or other documents relating
to the financing of the Project, and neither the financing of the Project nor the Loan will impose
any legal, financial or moral obligation upon the City with respect to the financing of the Project;
and
WHEREAS, the Loan Agreement contemplated that the Project would be fully
constructed by April 30, 2005, and, due to construction delays it now appears that the
construction of the Project will not be completed until December 31, 2005; and
R9709
(7' 0
Resolution No. 9709 (2005 Series)
Page 2
WHEREAS, the Bank has agreed to allow modifications to be made to the Loan
Agreement to extend the construction period of the Loan, and the maturity date of the Loan to
accommodate the additional time necessary to construct the Project, but such modifications will,
under the Code, cause a "reissuance" of the Loan; and
WHEREAS, in order to maintain the tax - exempt status of the interest on the Loan paid
by the Authority to the Bank, prior to the modification of the Loan Agreement, the Authority
needs the Council to approve the reissuance of the Loan following a public hearing on the matter;
and
WHEREAS, notice of said public hearing has been duly given as required by the Code,
and the Council has heretofore held such public hearing at which all interested persons were
given an opportunity to be heard on all matters relative to the financing of the Project and the
Authority's reissuance of the Loan and the Authority's loan of the proceeds thereof to the
Borrower; and
WHEREAS, it is consistent with the General Plan, in the public interest and for the
public benefit that the Council approve the reissuance of the Loan for the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, as follows:
Section 1. The Council of the City of San Luis Obispo hereby approves the reissuance of
the Loan by the Authority under the Code in the amount of up to four million dollars
($4,000,000), and the use of the proceeds of the reissued Loan to make a loan to the Borrower to
enable the Borrower to finance the acquisition and construction of the Project.
Section 2. This Resolution shall take effect immediately upon its adoption.
On motion of Vice Mayor Ewan, seconded by Council Member Brown,
and on the following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 19`s day of July 2005.
Resolution No. 9709 (2005 Series)
Page 3
ATTEST:
Audrey
City Cli
APPROVED AS TO FORM:
JonkbaO. Lowell
City Attorney
Mayor David.F. Romero
cJ� � �
�v�
ARTICLE 47
TERM OF AGREEMENT
0
This Agreement shall become effective July 1, 2004, and shall continue in full force and effect
until expiration at midnight, December 31, 2005.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown in
Appendix "A ".
2. This Agreement does not apply to temporary employees. This Agreement was executed
on August 16, 2005, by the following parties:
CITY OF SAN LUIS OBISPO
Monica Irons, Director of Hur�,an Resources
SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
a8 ,08165
Dale Strobridge, SLOPO esident/
Chief Negotiator
Avery, City Consultant Shaana Lichty, Negotiator
- le, r" Z : Z�
Victor Nunez, Negoti
O.
harles -edel, Ne `ator
azbara Sims, Negotiad or
73
L01
APPENDIX A
CLASSIFICATION
Non -Sworn
Communications Technician
Evidence Technician
Field Service Technician
Police Cadet
Police Records Clerk
Sworn
Police Officer
74
�0
APPENDIX B
GRIEVANCE FORMS
75
CITY OF SAN LUIS OBISPO
C
FORMAL GRIEVANCE
O
PAGE _ OR
INSTRUCTIONS: Grievance must be filed within 15 business days of the occurrence. First discuss with
your Immediate Supervisor, then with your Supervisor's Superior. If not resolved, complete this form and
distribute in accordance with departmental procedures.
Grievant's Name (PLEASE PRINT OR TYPE)
Class Title
Has this grievance been discussed with your Immediate Supervisor?
Date of Discussion
Name of Immediate Supervisor
Title
Has this grievance been discussed with your Supervisor's Superior?
Date of Discussion
Name of your Supervisor's Superior
Title
1. What is the action or situation about which you have a grievance?
(Be specific, give: date, time, location, and witnesses.)
2. What do you think should be done about it?
3. What was your Supervisor's response?
What provision of the Rules, Regulations, or Agreement was violated?
Article of MCA
Department Rule
Date of Grievable Incident
What other person do you want notified of any hearings held or actions taken on this grievance?
Name: Mailing Address:
His/her role in grievance:
Grievant's Signature:
Date:
Received by:
Date:
FI.�
CITY OF SAN LUIS OBISPO
GRIEVANCE APPEAL
INSTRUCTIONS: Appeal to the City Administrative Officer must be filed within five (5) business days of
receipt of the Chief of Police's decision. Appeal to the Hearing Officer must be filed within five (5)
business days of receipt of the decision of the City Administrative Officer. Complete form and distribute in
accordance with departmental procedures..
Grievant's Name (PLEASE PRINT OR
Class Title
Date of Grievance Initiation
TYPE)
I wish to appeal the Grievance Response signed by:
Name: Title: Date:
Level to which grievance is being appealed: (CHECK ONE)
❑ City Administrative Officer via Personnel Director ❑ Hearing Officer
Reason for Appeal:
Grievant's Signature:
Date:
Received by:
Date:
77
0
APPENDIX C .
PATROL 3/12 WORK PLAN
in
�ENDIX C
ADDENDUM TO THE
1985 -88 MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
PREAMBLE
The Association, in an effort to improve scheduling of time off for
sworn employees, has requested the implementation of a 3/12 work hour
plan. The City has agreed to use this plan on a trial basis. The test
period will last up to eight months.
The City has the right to terminate the use of the 3/12 work plan
and reassign employees to the 5/8 work week at any time during the test
period if the City believes the 3/12 is too costly, too cumbersome, or
unacceptably reduces the level of service provided to the community.
The Association has the right to terminate the use of the 3/12 work
plan, if the plan as implemented becomes unacceptable. The addendum shall
terminate on the last day of the 28 -day cycle following a 30 -day written
notice from the Association to the City.
After the test period, the parties will evaluate the results of the
plan. Such evaluation period shall last at least three months. Both
parties will evaluate the results of the test, but the final determination
as to whether or not the plan is used after the evaluation period shall be
made by the City. If, on the basis of the analysis of the test, the City
determines it may reimplement a 3/12 work plan, prior to making a final
determination the City shall first meet and confer with the Association
about the specifics of such 3/12 work plan and any revisions to the
Memorandum of Agreement needed to implement such a plan.
It is further understood and agreed that all employees in the
department recognize and accept their responsibility _o make the 31'12 plan
work. In this spirit, the employees will cooperate in makinb themselves
1
79
I
available for and respond to all requests or orde.rs concerning shift .
adjustments, utilization of pay back days, subpoenas, training, or
emergency call backs made by management during the test period as is
necessary to effectuate this agreement.
EFFECT OF THIS ADDENDUM
The 1985 -88 Agreement shall remain in full force and effect except
as specifically modified below. The modifications below shall terminate
on the last date of the effectiveness of this Addendum or any earlier date
upon Which the City or the Association decides to terminate the test
period and all the provisions of the 1985 -88 Agreement shall once again
become fully operative.
TERM OF TEST PERIOD
The test period shall commence prior to December,
and shall `u =1y terminate eight months from date of commencement.
WORK HOURS (ALL NEW)
The basic work pattern for sworn officers on patrol shall be three
12 hour days each week, plus assigned pay back. Employees will normally
be assigned to work 160 hours in a 28 -day work cycle. In addition,
employees who attend shall be compensated for briefing time.
If an employee does not work the full 160 hours in a 28 -day work
cycle, the City shall deduct the unworked hours from an employee's accrued
holiday or vacation balances, unless the unworked hours result for reasons
of excused paid absence or because the City did not assign a pay back
shif t.
During the test period, the City shall have complete flexibility to
change work hours. The City's intent., however, is to give reasonable
prior notice whenever possible.
80
1
o
OVERTIME -- SWORN (NO CHANGE EXCEPT FOR:)
8.3 All hours worked through the first 165 hours in the employee's
28 -day work period shall be paid in cash at the employee's straight
time base hourly rate. All hours worked above L65 in the employee's
28 -day work period shall be paid in cash at time and one half the
employee's regular rate of pay.
GUARANTEED MINIMUMS FOR RETURNING TO WORK
(REPLACE CURRENT WITH.:)
Whenever an employee is required by the department to return to work
outside of the employee's normal work hours, if a minimum applies as found
in this article, then the employee shall receive the minimum or pay for
the work actually performed, whichever is larger. The City shall have the
option of paying the minimum in cash or as an adjustment to the employee's
work shift if the work shift commences within twelve (12) hours of the
scheduled return to work.
11.1 SCHEDULED RETURN TO WORK
Court Time
(a) Employees reporting for court duty shall be guaranteed two
hours minimum payment at straight time.
(b) Two or more court cases occurring within the minimum time
period shall be subject to a single minimum payment.
Training
Empinyees called hack for training, sessions authorized by the
Chief of Police or the Watch Commander shall be guaranteed
two -hour minimum payment at straight time.
Range QuaLifieation
(a) Sworn personnel be Low the rank of Captain shall be
guaranteed two hours at straight time when participating
3
81
U
in range qualification training when off duty.
(b) Each sworn employee who shoots for qualification shall be
provided 100 rounds of practice ammunition during that
month.
11.2 NON- SCHEDULED RETURN TO WORT:
Ca 1 l Back
Employees called back to work at other than their normally
scheduled shift shall be guaranteed two -hour minimum payment at
time -and- one -half.
STAND BY (NO CHANCE EXCEPT FOR:)
13.2 COMPENSATION
Non - investigator
(a) Sworn personnel below the rank of Lieutenant, placed on
standby, shall be compensated one hour's pay for each five
hours standby.
(b) For any calendar day ANY part of which an employee is scheduled
to work, the employee shall receive no minimum pay for
standby. For any calendar day NO part of which an employee is
scheduled to work, the employee shall receive a minimum of
three hours of pay at straight time' rate for standby:
Investigator
No change.
Each of the
current Agreement,
days, such accrual
hours for each day
of to use benefits,
HOLIDAYS, VACATION, SICK LEAVE
above shall continue to accrue as provided in the
except that, where the accrual or use is stated in
or use shall be converted to hours by using eight (8)
provided. When :in employee takes time off from any one
for each hour taken off oiit hour shall be subtracted
82
4
V'
from the employee's accrued balance.
BEREAVEMENT LEAVE
No change except the time of.f shall not exceed 40 working hours per
incident.
CITY OF SAN LUIS OBISPO
� a6 a6
Ann Crossey �Da
Personnel Director
Don Englert Date
Chief of Poli e
83
5
SAN LUIS OBISPO
POLICE OFFICERS ASSOCIATION
Gletth Joi4dn Da to
S
President L OA
Cv 4&
Terry Campbell IDAte
Vice President SLOPOA
� � O
I
SIDE LETTER TO ADDENDUM
of 1985 -88 Memorandum of Agreement
Between the City of San Luis Obispo
and the San Luis Obispo Police Officers Association
By mutual consent of the City and the Police Officers Association,
the attached addendum with sideletter adopted May 199 1987 by Resolution
6216 (1987 series) i.s hereby modified to read as follows:
A. Page One, Paragraph One :
In an effort to improve schedu.ling, the Chief
of Police desires to implement a 3/1.2 Work
Hour Plan. This plan will be implemented
beginning January 1, 1988 and will remain in
effect until such time that it is no longer
determined to be beneficial to the City and /or
the Police Officers' Association.
8. Page One, Paragraphs Two, Three, Four and 'rive:
All Paragraphs deleted.
C. Page Two. Paragraph One:
Deleted.
D. Page Twn, Paragranh Three:
Deleted.
The i_itc ana the POliCr LlfflCerS %:SSoclatlon agree to continue all
Other aSpeCtS of tl'•,= , -ul rent a0dendum to `h� lsa� -aa �"1t7A as written through
.)llne 30. 19P.P.
the Citv anil l'Ulice .Iff l('a'r C„ •.'.0 lat. 1(ir RISC. aOr e that a I I
other provisions of the current MOA, not effected by the addendum. will
remain the same.
Nothing herein should be construed to indicate that the City will,
in any way, relinquish current or future management prerogatives to
establish necessary work plans appropriate to the needs of the Department.
84
i
City of San Luis Obispo
Ann Crossey
Director of Personnel
J es M. Gardiner
Chief of Police
John D n
ity A inistrative Officer
I.
0
Police Officers Association
P-resident, San Luis Obispo PO
85
EN
APPENDIX D
FLEXIBLE BENEFITS PLAN
:.
G
ADDENDUM
0 APPENDIX D
TO THE 1988 -1993 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
POLICE OFFICERS ASSOCIATION
FLEXIBLE BENEFITS PLAN
A. PURPOSE OF THIS ADDENDUM
To protect the non - taxable status of city contributions for
insurance under the memorandum of agreement (MOA), the City
and the Association here 1) modify the MOA provisions about
refunding unused contributions and 2) outline the intentions
and contents of a flexible benefits plan (sometimes referred
to as a "cafeteria plan "), which shall include a salary
reduction plan component and/or other mutually agreeable
provisions.
B. DELETION OF EXISTING REFUND PROVISIONS
Article 17.3 of the MOA is deleted.
C. INTENTIONS AND CONTENTS OF THE FLEXIBLE BENEFITS PLAN
The
City and the Association shall adopt a flexible benefits
plan
which shall:
1.
take effect retroactively from January 1, 1990.
2.
comply with applicable Internal Revenue Code sections,
including Section 125
3.
allow an employee to:
a. avoid taxation on portions of salary (the amount of
the employee share of the benefit) and City
contributions used for insurance premiums through a
salary reduction plan
b. purchase additional group term life insurance
4.
provide for an employee to receive any unused City
•-
contributions in cash each pay period (a" change from
previous practice)
5.
through amendment of the plan as soon as reasonable,
allow an employee to avoid taxation on salary and City
contributions used for other permitted purposes, subject
to the provisions of.paragraphs D.1 and D.2 of this
addendum. The Asssociation shall meet and confer with
the City to achieve such mutually acceptable amendments.
87
C O
Addendum
Flexible Benefits Plan
Page 2
6. allow the City, as plan administrator, to establish
administration procedures and to make amendments to the
plan (which amendments may be implemented during the
term of this MOA) subject to Sections C5, 6, and 8; and
including all required meet and confer procedures
7. reasonably protect an employee's benefits under the plan
if the employee cannot manage his or her personal
affairs
8. not supercede any contrary provision contained in the
MOA (including this addendum) nor limit the rights of
any employee under the Meyers - Milias -Brown Act.
D. MISCELLANEOUS
1. The provisions of paragraph C6 of this addendum,
regarding amendment of the flexible benefits plan, shall
not preclude the Association and the City from meeting
and conferring.
2. No recommendation of the Medical Plan Review Committee
on matters within the scope of bargaining shall take
effect before completion of meet and confer requirements
between the City and the Association.
3. The City shall direct its tax attorney to obtain an
opinion letter from the Internal Revenue'Service about
qualification of the flexible benefits plan document
under the .Internal Revenue Code.
4. Should any employee association or any of its employees,
be allowed to withdraw from participation in the City's
health insurance plans, or be determined to have such
right of withdrawal, the City and the Association shall
meet and confer about the effects of such a withdrawal.
This addendum is executed by the following authorized agents.:
FOR THE CITY OF SAN LUIS OBISPO:
Ua-a4 (� t
Ann Mc ike, Personnel Director.
I-
- - 20
Date
FOR THE ASSOCIATION:
7G'ary./Nemeth, President
Date
88
APPENDIX E
SHIFT ADJUSTMENT
:
C,
APPENDIX E
Shift Adjustment
Management and the POA reaffirm that scheduling is a management responsibility.
However, in the matter of shift adjustments policies, it is agreed that the following
guidelines will be followed:
A. In any situation necessitating a shift adjustment, volunteers will first be sought.
B. Shift adjustments will not be for more than two hours.
C. Shift adjustments for special units or assignments are not covered by this guideline
and remain the discretion of the Unit Supervisor or Bureau Commander.
D. Whenever volunteers cannot be located, Officers assigned will be chosen sequentially
by seniority.
E. Generally, no more than two Officers per shift should be ordered to adjust unless an
specific event necessitates it.
F. At least 14 days notice will normally be given, but in no event will less than seven
days notice be given, for an.ordered shift adjustment.
G An Officer authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
H. Officers will be given at least ten hours between shifts for ordered non - emergency
shift adjustments.
I. Shift adjustments will not be ordered to deal with court or shift continuation unless it
is necessary to insure the Officer has adequate rest. If court or another assignment
prevents an Officer from getting proper rest between shifts, the Officer and the Watch
Commander may arrange a shift adjustment to meet this need. With approval, the
Officer could opt to use adjusted court time towards normal work hours instead of
overtime, or to adjust shift start time up to four hours. In cases where the Watch
Commander determines an adjustment is warranted but does not have sufficient
manpower, he is authorized to bring in a replacement (on O/T) for up to four hours.
J. Shift adjustments will not be limited by day or time except as articulated above.
K. It is noted that either party may reopen these issues at the time of contract renewal.
M
APPENDIX F
RULES GOVERNING SALARY INCREASES
APPENDIX F
RESOLUTION \'O. 4272(1930 Series)
Section 3. Rules Coverninc Steo Incr,: --zes. The following rules shall Bove
step increases for employees other than those specified in Section 4:
(1) The first step is the minimum rate and shall normally be the hiring rate for
the class. In cas -s where it is difficult to secure qualified personnel, or
if a person of unusual qualifications is hired, the Administrative Officer ma
authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee to improN
his work. An employee may be advanced to the second step following the
completion of six months satisfactory service upon recommendation by his
department head and the approval of the Personnel Director.
(3) The third step represents the middle value of the salary range and is the ra:
at which a fully qualified, experienced and ordinarily conscientious employe
may expect to be paid after a reasonable period of satisfactory service. An
employee may be advanced to the third step after completion of six months
service at the second step, provided the advancement is recommended by the
department head and approved by the Personnel Director.
(4) The fourth step is to be awarded only in case of work which is well above
average for the class. An employee may be advanced to the fourth step after
completion of one year of service at the third step provided the advancement
is recommended by the departmnet head and approved by the Personnel Director
(S) The fifth step is intended as a reward for performance sustained above
satisfactory. An employee may be advanced to the fifth step after co+.mpletic
of two years service (one year for 'Police Officers, beginning level, or for
employees who were at fifth step in one classification and then promoted to
a lower step in a higher classification) at the fourth step provided the
advancement is recommended and justified in writing by the department head
and approved by the Personnel Director.
92
� YL-
C' O
RESOLUTION NO. 9708 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE CABLE TELEVISION PUBLIC, EDUCATION AND GOVERNMENT
. (PEG) ACCESS OPERATING PLAN
WHEREAS, the City of San Luis Obispo has granted a franchise to Charter
Communications to operate a cable television system in the City; and
WHEREAS, said franchise agreement requires Charter Communications to provide
certain channel capacity for PEG access programming; and
WHEREAS, said franchise agreement requires Charter Communications to establish a
PEG Fund, to be used solely for PEG access equipment and facilities, equal to one percent (1 %)
of gross revenues; and
WHEREAS, to qualify for the release of the PEG Access funds, the City must develop
an Operating Plan and submit said Operating Plan to Charter Communications; and
WHEREAS, the City of San Luis Obispo has developed a PEG Access Operating Plan
and desires to have PEG Access funds released.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The attached City of San Luis Obispo Public, Educational and
Governmental (PEG) Access Operating Plan is hereby approved.
SECTION 2. Charter Communications is requested to provide all funds accrued in the
PEG Access Fund to the City of San Luis Obispo within sixty (60) days of receipt of this
resolution and a copy of the City of San Luis Obispo Public, Educational and Governmental
(PEG) Access Operating Plan.
On motion of Council Member Mulholland, seconded by Council Member Brown, and on
the following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
R9708
Resolution No. 9708 (2005 Series)
Page 2
The foregoing resolution was adopted this 19th day of July 2005.
Mayor David F. Romero
ATTEST:
—9 1�2 - /
Audrey !Hoo
City Clek
APPROVED AS TO FORM:
AL�iirtn . � •
City Attorney
G
O
J
AiiA�lG1' � • -,
City.of S.ati.Luis.Obispo,
Public, Educational and, Governmental (PEG) Access
OPERATING PLAN
The following information constitutes the City of San Luis Obispo's PEG Access Operating .
Plan, as stipulated-in the 1995 Cable Franchise Agreement between the City and the cable . .
operator; for use of the PEG fund to purchase PEG access equipment, and facilities.
List of Intended PEG Users
L SLO County Public Access Television (Public)
2. San Luis Coastal Unified School District (Education)
3. City of San Luis Obispo (Government)
Planned Type and Level of Pro mammi g for Each Vs er
1. SLO County Public Access Television (Public) See Exhibit A'
2. San Luis Coastal Unified-.School District (Education) --See Exhibit B..:
3.. Government Access Channel (Government}- See Exhibit C
Capital: Equitunent. Facilities and Estimated Costs Rewired to So= the Intended Uses.
1. SLO County Public Access Television (Public) - See Exhibit A
2. San Luis Coastal Unified School District (Education) - See :Exhibit B
3. Government Access Channel (Government)..- See Exhibit C
User Commitments
1. SLO County Public Access Television (Public) - See Exhibit A
2. San Luis Coastal Unified School District (Education) - See Exhibit B
3. Government Access Channel (Government)- See Exhibit C
Evaluation by Grantor of. Inadequate Public Facilities and Ettuipment
Exhibit I)
Statement of Amount Requested
Exhibit E
PUBLIC ACCESS TELEVISION
November 30, 2004
Audrey Hooper, City Clerk
.City of San Luis Obispo
990 Palm Street
San Ltt s Obispo, CA 93401
Dear Audrey Hooper,
SLO County Public Access Television is pleased to present this application for funding of mucbiieeded;
productiomeg4tuent. Our single purpose is to provide quality public programming to, -the residents of
San Luis Obispo County in cooperation with Charter Communications. These proposed publicly fimded
assets should remain in the public domain and ownership should remain in the hands of the City of San
Luis Obispo or Charter Communications, whichever is preferred.
"Attachment A" represents the intended users of the publicly funded equipment. This is a list of current
producers and programming spanning the years 2003 - 2004.. We average 80 -85 shows at any given time:
This list will change as programs leave Public Access and new programs are introduced.'.
"Attachment B" is our actual schedule for the month of December 2004 for Public Access Cha» nel 2.
The type and level of productions will vary greatly. Several programs are produced and directed by a sin-
gie entity while others are professionally produced. All programming must be.approved by our Scheduling
Committee for content and appropriateness of presentation. ,'tibia intervention is consistent `w4h .our By %.
Laws as approved by our State of California and the Federal non - profit status.
Ahhoughtuesta.College provides a small studio to its students, it.is not accessible for Public Access pro=
ductions. Theirsysteni is publicly funded through the State. Department of Education for their: curriculum:
To our knowledge, there is no other publicly funded equi ntent available in the County. for Public Access:
Broadcast requirements.
Our broadcasts facilities will remain with Charter Communication located at 270 Bridge Street in -ft City:
of San Luis Obispo:. Although small; the generously, provided studio is adequate,for oo.productioiis:cnd
the proposed equipment can be housed:sad remain „secure in this:location. A storage acHi is, beuig pro
posed to house props and
equipment>mt.used o4!a dailyF.'6asis: Charter: wall be pro'vidiQg the accessary:
space for thi§�storage Wility,on sigbt Cliarter.l as ntade.a' long tenor con et i °to public.Acaess' ] elovr
lion for space and equipment' (LAN room). Y64'6ee:year eominitlnent for Facilities h4' been inet wih '
this commitment from Charter Communications
Audrey.Hooper, City Clerk
qty of San Ls` - Obispo
Re: Tublic Access. PEG proposal
This final portion of our proposal. represents the necessary equipment for the continued operation of Pubic Ae-
cess Television. Although Charter Communications -has been actively.supporting our., goals for quahty.pro
the initial equipment provided is no longer adequate and parts are, victually.impossit a to coins by
The decks are worn . and many can no longer be adequately serviced:, -Some .are still working and can be rote -
grated into the new system we are requesting. Several producers are still using VHS formats and ;it';would `be
expensive for them to try and convert to a totally new system at this time. As the VHS decks coritinue to wear,
notice will be given that the new formant will be DVD and changes must be made. Editing equipment, will be
made available to them to help with this transition.
Quantity Part Number
1
LETCDIP
1
None Available
I
None Available
1
KNX RCF
1
Not Available
3
DVPCX777ES
3
PLSYDVDCH
5
SORDRGX7'
1
DAVP299
2
510
2
CP-6.
I
CP-4
2
CP -5.
I
Not Available
I
KR 105VB
Leightronix TCP/IP Network..Controller
$4,399.95, .
:; $4;3'99:95 .: .
Knox 64x8 Video Router
2,000 00
.` 2,000;00
Knox 64x8 Audio Router
2,4.06 00
2,400:00
Knox Chameleon Rackframe
4349.00.
:1.9349.00 .:.
Leightronix Interface to Knox. Router
250.00
250.00.
Sony 400 disc DVD changer
549.00
1.,647:0.0
Plus Bus interface for Sony DVP- CX777ES 495.00 ,
12485.00
Sony DVD recorder
349.00
1,745.00'
Datavideo .Distn'bution.:Amplifier
155.00 '.
155.00 '. . .
TecNec AV Comparator
469.00
938:00
TecNec Rackmount
54:00
10.8:00
TecNec Power Supply
38:00
TecNec Link_cable
19:60
39.20
Knox Chameleon Scheduler Program
299.00
M.N.
Kramer Video Distribution Amplifier
135.00
135.00 .
Sub- 'Total;:. $17;026;.1
Seles
'Tax $;1`,319.33
Shipping acid Handling: '.$400 00 (estimated At time)
installatioq $4;560 00
Annual Maintenance: $21400:00
DVD Upgrade .total: $25;645,68
oz
Audrey Hooper; City Ctu t
City d8im Luis Obispo
$e Public Access PEG Propo l...
�OiilP1VIEIYT.REOUEST (continued)
LIGHTING,:
QmNgky
Part Number
DS—scriplion
Non Available
2
Keno -Flo
Studio Lighting
2
Non Available
Soft Moles & teenie weenies
1.
Non Available
Lighting Controller Board
5
Non Available
Replacement Lights
iL► :
6 Non Available
1 Non Available
4 Non Available
Quantity.
1
. Part Number
Non Available
8
Non Available
8
Non Available
Studio Microphones
Mbw -Patch Bay
Production Monitors
Descritmtion.
Cainera and monitor;switchers
Source Decks {record)
Monitors
Unit Price Extmsio
$4,400.00 $8;800.00
800.00 1,600A0,
3,900 06 3;900:00
200.00 1,00.0:00
Sub -Total Lighting Equipment: $I5;300.00
Sales Tax. $:1;185475
Shipping & Dandling: $350.00
Installation: $3,200:00,:
Annual Maintenance: $1,800:00.
Grand Total Lighting: $21435:75
Unit Price Extension
$ `650:00' $3:900:00 •.
4,800.00 4;800.00
700:00 2,800.00
Sub -Total Audio Broadcast: $14500.00
Sales Tax: $89I.25
Shipping .& 1 indlu— .$230s00'
installation:
Annual,Maintena -4pe: $.1,200
Grand Total Audio. Broadcast:. $149341.25
$6;400.00 $6;400:90`
,1,000:00;.,, 8;000.00
700.00 5;600:00
SulrTotal Control Room:. $20,000.00
-Sales.Tax:. $1,550.00
Shipping '.& Hand ing:. -$250.00,. ...
Installation: $7500
Annual Mainteauce $1;200.00
Grand Total Controt Room: $23975000
A04lj' Hooper, City Clerk
City of San Luis Obispo
Re: Public Access PEG proposal
EQUIPMENT REOUEST (continued)
S3'[JDIO:
Quart itvliV Part Number
wUnit Price
2 Non Available
Stage Curtains (45 feet each)
$3,000.00 $6,000:00 '
8 Mon Available
Director & Guest Chairs
75.00 600.00.
I Non Available
Rolling ladder for set & Gght adjustments
230.00 230.00
25 Nan Available
Display. &.Props for programming
2,200x00
I Non Available
Replacement Cables. Package & Adapters
2,100.00 3;100:00..
1 Non Available
Misc Supplies (lens paper, Batteries, gaffer
Tape, video tapes, DVD's, tool.box etc)
1;500:00. 1,500.00 - .
Sub -Total Studio: $12;630.00
Sales Tax: $.978.83'
Shipping.& Handling:. $420:00
Installation: $200:00
Annual;Makie'nancei. $600:00•.
Grand.Total Studio: $14;828.83
STORAGE:
Quantity Part Number
Dogy:Rtio
Unh Price Extension .
1 Non Available
Waterproof & Secure Storage Stied .
12'x20'.
$29400:00 $2,400;00 .. '.
Sub =Total Storage::$2 400
Sales Tax:. $:186.00
Shipping & Handling:. $200
Installation,' . Included
Annual Maintetlatice:
Grand Total Storage: $2;9$6:00 ::
Audrey Hooper; City Clerk
City of Sao Laic Obispo
Re: Public Amw PEG proposal
EQUIPMENT REQUEST (continued)
CAMERAS. TRIPODS & RECORD/PLAYBACK DECKS:
• ��hrh��A . .
Pages
amity
ftrt Nu—mber io
Unit Price Exter:sion
3
DVC 200 Digital Cameras for Studio
$3,500.06 $1%500:00
.2
DVC100A Digital Field Cameras
400:00 9,200.00:
1
DVC 30 Digital Field Camera
3;200.00 _ . 3,200.00
4
Not Available Tripods for fight & medium use
400.00 2,000.00
1
Not Available Field Kit (lighting)
3,500.00 3;500.00
1
Not Available Field Kit (microphones)
2,150.00 2,150.00
I
Not Available Field Kit (mixers)
1,300.00 1,300.00
Sub -Total Cameras: $31850.00
Sales Tax: $2,468.38
Shipping & Handling: $385.00
Installation: $500.00
Annual Maintenance: $2,400.00
Grand Total Cameras:.S37;60438
These necessary components total .$140,991.W We are looking forward
to your submission to;the City of San
Luis Obispo
City Council•for hin sing. Should you have any questions or
require any additional1nforination, •, ..
please feel free to call Bill Rabenaldt 773-4473, Todd Leal 748 =6174 or John Kett (technical. support) '173 -6680:
Bill Rabenaldt, Co-President
Todd Lcal, Co-President
SLO County Public Access Television; Inc.
Attachment "A"
U
:k.
L George
Abraham
Picture The Past
2. Chloe
Adresen
Trail Mbc
3. Randy
Allen
Rick Martel Show ..
4. Sandy
Allen
Work of Art
5. Donald
Anderson
Art Center `.
6. Bob
Banner
Hopedance
7. Thomas
Barber
Sermons By The Sea
8. David
Baumgarten
P.L.O.T.
9. Teri
Bayus
Reality Estate
10.Leslie
Bearce
Obispo Outlook;Cablp iq ass
11. Robert
Bearce
6 O'Clock News;Obispo.Outlooks ;g(o
Issues
12.Ronald
Bearce
Obispo Outlook;SLO
Issues;Proyecto Unido.
13.John
Berquist
Endiirnalnsights.
14.Bruce
Bonack -
Eadtime Insights',
15.Shawn
Bostrom
Do Parasites Rule the.World?
16.Kris
Boughman
Endtime Insights' .
17.Randy
Brachman
Rescue Me
18.Jack
Brashears
What Shall I Believe?
19.Bred.
Brown
It's 3AM;Now:What?;Hope fir
Hockey-,SIT'
20.Teresa
Bruce .
United Way
21.Cameron
Caimey
22.Anet
Carlin
Buddhism
23.Michael
Castellanos
Pegg Penny
24.Joy
Chaiker
Endgme Ins!
25.David
Chambers
Endtime Insights.:
26: Rosemary
Cochran
WrigHeaven `i.Earth
Bqqq
27.Cinthia
Coleman
Todster Show.
28.Benny
Cook
Endtime Insights ,
29.Tod
Cornwall
od Comwall Show . ; '
30.James
Costanzo .,
What ShidIA Believe? ..:
31. Fra n' ..
Du kehart -.
Rebuck
32.Jaron
Faber
Endtime Insights
33.Merrell
Fankhauser
Tiki Lounge.
34.Patrick.
Farley
35 .- Rich
Ferguson _.
Magic
36.Betty
Field -Haley
Painting in Nature F.inix Arts Access
37.Warren
Frankel
The Last Hour
38.Clint
George
Baha'I Show
39.Joe
Golling
TV Plus .
40:Elliott
Gong:
Gong. About .
41.-Michael.
Graf
.Mi ht:in Space- .
42.Judith
Graham
Chaff Tme
43.Daniel
Grant
Homeless Band.
44.Harold
Hallikainen
Together In Time
45.Pamela
Heatherin on
E00 -SL0.
-46.Deb
Hernandez
M:B.:Museum
47:Srianne
Holmberg
SL O Issues
48.Sara
Home
LWV
49.Andrew
Howard- Greene
TV Plus
50.Tyrone
Huff
Digital.Flickx
5I.Robert
Hud6ss
What .Shalt L Believe
52Richard:
Jackson
53-Trudy
Jarrett.
LWV
54.Lionel
Johnston
State of.the County
55.Shane
Keeling .
Queen Evergreen
56.Kristi
Kelty
H@althWorks
57.John
Kent ; :
Work ;of Art, ?osItlVe Lwing . .
Q.
58:LaVaun
Kinderknecht
Queen Evergreen
59.Linda
Kirk
Endtime Insights
60`.Gary
Kirkland Ion
Second Thought
61.Peggy
Koteen
Animal Emancipation
62.Peggy
Koteen
Animal.. Emancipatio
63:Wayne
Lobins
Endfgno lrisights'
64.Hyde
Laura
Relationship Wisdom
65.Todd
Leal
Todster Show
66.Andy
Lee
The Rough Cut
67.Gail
Lightfoot
Why Liberty Matters
68.Robert
Lloyd ;
-1
.69.Rick
Martel
Rick Mane Show . .
70.Judith
Matta
Orthodox _Christian Mission
71.Monique
Matte
Culture Club
72.George
May
Endtime Insights
73.13rian
McKinley
Endtime Insights
74.Karren
McNight'
Just Show Us: Hold. .
75.Daniel
Melbourne.
That Which Is
76.Alese&Mark
Miller
Trail Mix
77.13ruce
Miller
Bald Spot Theatre
78.Tommy
Miner
Ail In His Hands
79.Earle
M.urie
at Shall 1.Beliieve?
80.James
Oberst
Why Liberty Matters'
81.Chris.
Odell
Truth For Toda
82.David
Orlando
Calvary Cha el of Atascadero
83.Peggy
Penny
Peggy Penny Show.
84.Terry
Perry
Rescue: Me .
85:Jack
Peshon
Picture The -Past
86.John
Pryor
Krishnainurir Thought
o. o
Passarelli
Tell Momma All About It
87.Michael
88.Nathan
Qualls
SLO Issues
89.-Bill
Rabenaldt .
High .Profile
:90.Dylan .
Rhoads
91.Monique
Schutte
Christian Science Bible .Lesson
92.13onne
Scott
Gardening 101
93.David
Smith
Picture The Past
94.Robin .
Smith
Childnsn &.Families.
95.8rian
Snavely
Skits= O- Phremc.
96.Brenda
Starr
Dare To Go Digital
97.Anne
Steele
98. Tom
Stephenson
Relationship Wisdom
99.Kari
Stettler
ECO -SLO
100. Joan
Sullivan
Picture ThOast
101. Fred
Tarwater
102. Bruce
Townsend
The Truth
103. Zeke
Turley
Wake Up!
104. Paul
wedt
Tell Momma All About It
105.. Mark
Van Dyke
R�'Environment
10& Richard .
an Dyke
R- Environment'
107. Richard
Venable
Why.Liberty. Matters,`
108. Linda
illlanueva-
Quisenberry
Community News -Aqui!
109. Gene
Vine
110. Jeff
Volk,-
11.1:. Robert
Volk.
Night in`-Space .. ... ' .
112. Phil.
IG an a'i.
113. Shirley
Walker
114. Prez .
Washington
Wildlife Wonders;LOL;PGW Show .
115. Robin
i e :
Peggy Penny .:
i
116. James
Wilde
Life Worth Living
117. Mark
Wilde
Life Worth Living
118. Brent
Willey
What Shall I Believe.?
119. Brian
Williams
Plus
120. Mitzi
Williams
Central.Coast Good Nets'. .
121. Noah
Wilson
Smiley Crew Sideshow
122. Steve
Wohlber
Endtime Insights
123. Debby
Wright
124. Corey
Yamaguchi
Rare -Jerr
125. Rusty
Zane
Lan ua a of the Soul
126. .'Mike
Zelina
Attachment `B"
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Community
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Roaerw>Warm
46:00 .
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0700.
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Olatieadere. :
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30 .
11:00
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Seemanby*ASon
6 WClock
News
Iftb
ProSle
SwmodR?1'/aea,
1L00.''
30
Eck"ll .r
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Last Hour
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Bible Study.
GanAp
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Children 8a
Families
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�X .i`64
AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO .
AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT,
FOR USE OF PEG ACCESS 'FUNDS (E- PORTION)
This Agreement is made this _ day of,,, 2005, by and between
the City of San Luis Obispo, a municipal. corporation ( "City'% and San Luis Coastal
Unified School District ( °SLCUSD "), who agree as follows:
RECITALS
WHEREAS the City desires to provide support for the use of cable television,
public; education, and government ( "PEG") access ..channels operated pursuant -to'..
federal Jaw; and
WHEREAS the City has granted a franchise to Charter Communications ,to.
operate a cable television system in the City; and
WHEREAS Ordinance No. 1278 (1993 Series); and the Gable 'Television;
Franchise Agreement dated April 20, 1995, indicates that :fhe: City may. ,designate
nonprofit access management entity(ies), to operate and administer. the PEG iaccessi
facilities, services and programming; and
WHEREAS said franchise agreement with Charter Communications provides that'
certain channel capacity be made available for PEG access; and
WHEREAS the franchise agreement with Charter Communications provides: that:
certain initial and ongoing payments shall be made by Charter Communications for_ E.G
access capital equipment and facilities; and
WHEREAS the franchise agreement with Charter Communications. provides ^that
certain payments and in -kind services shall ib.6 provided by Charter Communications to
support•the.operations of-the PEG access facilities, equipment 'and-channets,'and
WHEREAS the Franchise Agreement with Charter Communications provides that
plans of operation for PEG. access must h' developed:and approved by City. before.any ;
funds dedicated to the provision of PEG access facilities; services, -and programmin
maybe. releaW to, the nonprofit., rnanAgemen4:enflfie " 13aignated by;
sucl� sertr(ees; and
a r
WHEREAS plans of operafion for the public,�iremment portions of
access, have been developed and approved by City; art f� 5 y
` "
Tv
Agreement with SLCUSD for Education Access Television P8962:.
WHEREAS.SLCUSD, as the nonprofit management entity.designated by..City for
the'education programming and services portion of PEG access, has not yet. had an
opportunity to prepare such an operational plan; and
WHEREAS, in order not to further delay distribution of the public and government
portions of such access funding, City and SLCUSD have agreed that City may..distribute
the public and government portions 'of such funds to the respective nonprofit
management entities designated by City for such programming and services, while,-
holding in trust for the benefit of SLCUSD and its constituents, all funds (including
Interest thereon) dedicated to the provision of education programming And services until.
such time that SLCUSD can prepare a plan of operation for operational programming as.. .
stipulated in the City's Franchise Agreement with Charter Communications; .and
WHEREAS SLCUSD has requested the City hold on its, behalf all .funds
dedicated to the provision of educational programming and services until such time that .
SLCUSD can prepare a plan of operation for educational programming as stipulated in
the City's franchise agreement with Charter Communications; and
WHEREAS the parties seek to enter into this ,agreement to preserve PEG access ....
funding (E- portion) for SLCUSVs use and allow SLCUSD sufficient time to develop" a'
proper plan of operation.
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein; the parties agree as follows:
SECTION 1. DEVELOPMENT OF PLAN OF OPERATION. SLCUSD shall,
pursue development of and subsequent approval by the City, a Plan of Operation for the
provision of educational programming and. services pursuant to Section 5.1 of the Cable
Television Franchise Agreement dated, April 20; 1995.
SECTION 2: HOLDING. OF PEG ACCESS FUNDS. City:'.shall hold thiose;
monies it receives for PEG access (E= portion) for eventual payment to:SLCUSD. oraoe
SLCUSD commences its Plan .of, Operation In accordance with a PEG contract. between
the City and :SI.C.USD. City shall hold,:sald mgciles rq,�ttttS Tforthe benefit oVSLCUSP'(
All intordst`eamed on such funds, whdthe't sys fut�pl , * ' "separa #ely+nvested or t
r "'"
held as part "of a pooled investment account, _"C a I A "' : .the benefit of and be pa
�
to'sLCUSD.:atong with the princ!pal amount of PEG edit} ` access.funds.... l
y'4
Agreement with SLCUSD for Education Access Television page $: '
SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be for
three, (3) years, commencing July 1, 2005, and expiring on June 30, 2008. In the event
that City.has not approved SLCUSD's plan of operation by said expiration date; or if City,.
has approved such plan and SLCUSD has. not commenced implementation of said plan,.
of operation by said date, then City shall continue to hold said PEG education access
funds (anal accrued interest thereon) in trust for the benefit of SLCUSD; and the parties .
shall negotiate in good faith amendments to this agreement necessary to enable City to,
approve, and SLCUSD to implement, an appropriate plan of operation with respect. to
the expenditure of such funds.
IN WITNESS WHEREOF, the parties have executed this Agreement as- of the'
date written above.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal. Corporation
By:
Audrey Hooper, City Clerk Mayor David F..Romero
. APPROVED AS TO FORM:
Jork.dharf P. Lowell, City Attorney
SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT...
By:
Edward T. Valentine, Superintendent
:D
C
EXHIBIT C
CAW," OCTL of
L
i".san tuis oBISPO
Government access channel
pRocjRam. policy statement
mission statement
The goal of municipal programming shall be to provide information to all citizens of the
City of San Luis Obispo concerning community issues, policies, activities and services to
create, greater awareness of local government and the local decision-making process.
oBjectives
1. To make public proceedings and events more accessible to San Luis Obispo residents by
providing live, gavel to gavel coverage of City Council and other local government meetings,
as opportunities and resources permit.
2. For the convenience of the community, videotape meetings for subsequent replay to insure
additional opportunities for viewing.
3. To increase community awareness of City services.
4. To provide more extensive information on key City issues and activities.
5. To provide other educational information that contributes to the quality of life in San Luis
Obispo.
6. To promote City sponsored or City co-sponsored special events.
7. To produce and maintain a municipal calendar which "I run at all times, except for when
other City programming is scheduled.
8. To act as a source of information during local emergencies.
9. To offer presentation alternatives to the departments and divisions of the City of San Luis.
Obispo.
10. To improve City services by enhancing and/or standardizing training of City employees
through the pivduction of video training tapes.
city Or
san WIS OBISPO
Government Access Channel
Operating Guidelines
Channel Management
The City of San Luis Obispo manages the government access channel and decides which:
programs will be cablecast on the channel. The City Administrative Officer (hereafter"CAO'),
is responsible for the daily management and programming of the channel:
Programs produced by the City of SLO. will provide specific infotination about City services,
operations and decision- making and shall be consistent with the mission statement and objectives
outlined in the policy statement.
Ttie City's government access channel shall provide direct, non�editorial information to the
citizens of SLo concerning their city government. The government access channel is not
intended to be a political forum, nor a mechanism for building support for a particular policy,
program or issue.
Program Content
1) All programming shall be consistent with the City's; Government Access Policy
Statement (hereafter "Policy Statement').
2) Programming on the government access channel shall be non - commercial and shall meet
all applicable Federal, State and local laws.
3) Eligible programming includes coverage of public meetings, promotion of City.and City -.
sponsored events and services, information relating to local emergencies., elections, public
safety service announcements and other programming _produced by: the .City andlor by
outside sources that is consistent with the Policy Statement and these guidelines..
4), Any City department may suggest or assist in, the.production of programming for the. .
channel, as resources permit.. All pnograrritningzriust: be consistent with the Policy
Statement and Is subject to the approval of the CAO, Departments should budget for
costs associated with video production. Any programming prepared or provided by a
City department, agency or contract producer may be. modified or edited: as. appropriate
for cablecasting.
5) Local. political candidate debates may be cablecast provided that the debate is facilitated:
by an outside, non partisan and impartial group or organization (League of Women
Voters; for example). Debates must be approved in advance of the event by the CAO in
accordance with provisions set forth in the Council Policies, and Procedures as it relates- to
use of the Council Chamber.
6) Outside programming consistent with the Policy Statement maybe cablecast on the
channel. Outside programming must be acquired or sponsored.by a City:department.or.
agency. All outside programming is subject to approval by the CAO. Outside
programming shall not preempt any local progratnrriing..
7) Public Service Announcements (PSAs) will be solicited and produced for the channel.
PSA topics shall be consistent with the Policy Statement and must be in a format
acceptable as defined by the CAO.
8) Promotional announcements for events sponsored by a City department or. agency are.
acceptable for cablecast.
9) Information for the community calendar shall be consistent with the Policy Statement and
submitted through a City department or agency in accordance with guidelines. established-
by the CAO.
10) Press conferences held for the purpose of providing information to the public but not for
advocating a political position may be cablecast:
11) City sponsored events that have a cost and are .open to the general., public may be.
promoted on the channel.
Content Restrictions
1) No obscene, indecent, libelous, slanderous,.or illegal material is-allowed on the• channel.
2) Programming will contain nothing which is subject to copyright, except where the.
applicant demonstrates compliance with applicable laws.
3) Programs should contain no commercial matter:. "Commercial matter" includes; (a) any
advertising material designed to promote the sale of any products or services, including .
advertising by or on behalf of candidates for public.offce or Mating to ballot treasures;
or (b)any material used or designed for use to solicit funds, support directly or indirectly
any business or enterprise for commercial purposes, or for any political party;;candidatv.
for office or ballot measure;
�Xhr bi +C
Government Access Channel Operations Guidel Ines
Page 3
4) Programs will not contain advertisement of or information conceming any lottery, gift .
enterprise, or similar scheme offering prizes drawn or awarded by means of any such'
lottery, gift enterprise or scheme.
5) Programming shall be removed from the channel if it contains untimely or incorrect
information; and/or it does not meet technical standards requiring a clear audio and video
signal.
6) The channel will not be used for the promotion of any elected official, candidate or ballot ,
measure. Specific advertising messages on behalf or opposing any political candidate or
measure will not be permitted. The channel is exempt from providing equal opportunities
to a candidate for time incumbents spend on the channel when performing the routinc:
duties of their position, including participation at regular. and•special sessions..of.the City
.Council, other public meetings and bonafide news events.
7) Requests for access to the government access channel for the purpose of advocating a.
personal viewpoint shall be denied.
Programming _Priorities
Programming priorities for the channel are,listed below. The CAO may make exceptions to
these priorities on a case -by -case basis.
1) Emergency programming involving public safety or health.
2) Programming of or about meetings of City policy- making bodies.
3) Programming of City departments and their services.
4) Programming of state, federal and/or City boards, commissions and .authorities and/or
agencies that are publicly funded.
5) Programming produced by the City and/or outside sources that is relevant to local
government and community interests, which "otherwise meets the Policy Statement and
these guidelines.
Programwm' ,±Policies .
1) Program Ownership. All programming produced by the City, its officers and agents, is
property of the City. Programs produced by contract agents of the City become the property
of the.City.and will not be sold or commercially distributed .without the written. permission of
the City:
2) Use of Equipment. Use of the City - owned video: production equipment and facilities -will b'e .
limited to the City's contract operator and/or City staff•who Have been adequately trained.
Ci"wned equipment will not be used for personal use nor will it be rented or loaned to any .
firms, organizations, or agencies.
1.
EX�u bi f : G
Government Access Channel Operations Guidelines
Page 4 .
3) Wting: Official public meetings shall not be edited or be subject to editorial comments. Any
programming prepared, originated or provided by a City Department may be modified or
edited as appropriate by the CAO. Text generated messages maybe edited to provide clarity
and to maximize use of the character generator. Should human or mechanical atorresult.in
the cablecast of incorrect information over the channel, the City and any operations
contactor shall not be liable for the inaccuracy of transmitted information.
4) Chatmel Operating Hours. The channel shall be available to operate 24 -hours per. day, seven
days per week if appropriate and as resources permit.
5) Scheduling. Scheduling shall be the responsibility of the CAO, and shall be consistent with
the orderly development of diversified programming. Emergency messages affecting.the
health, safety and general welfare of City residents shall receive highest priority at* *all times
over regularly scheduled programs. Scheduling or programming conflicts will be resolved by
the CAO.
6) Prom Play4ab ck Lo ¢ The operator shall keep and maintain a daily log of all programmog .
cablecast on the channel for each playback day. Log information shall include program title; .
airtime, and length of program or other information as deemed appropriate: Retention of the
log shall be defined in the City's record retention schedule.,
7) Retention of Tama. Videotapes shall not be considered an official record of public meetings. .
Tapes are the property of the City of San Luis Obispo. Tapes shall be retained according to
the City's record retention schedule and/or State law. At the end of the scheduled retention
time, all tapes will be erased and re-used, or discarded as appropriate.
8) duplication.. Requests for copies of tapes must be made in writing pursuant to the
Public Records Act and are subject to a fee set by the Council, as part of the City's Master
Fee Schedule.
9) Pro argr mining Acquisition and Exchange. Cooperative arrangements and agreements with .
local educational programmers, broadcasters, cable companies and other production groups
may be established for efficient operations and communications.
Program Spormrship/Partnership Policy:
Appropriate underwriting provides an acceptable means of generating new revenues to assist in
financing existing or new programs, thereby reducing the burden on taxpayers: The City
encourages creative approaches to underwriting opportunities within the following parameters:
Who may be identified as. a sponsor?
1. Companies, corporations or divisions or subsidiaries of a corporation
2. Endowments, Hntetprises and Foundations
3. Individuals who are residents of the'Cityof SanLuisObispo
General Principles for Det n ipinn Acceptability:
1. The sponsor may not exercise editorial control over the content of any portion of
programming or shows
2. The public.,niust not perceive that the sponsor has editorial control over programming or
shows.
3. The public must not conclude that any program promotes sponsors' products, services or
other business interests.
4. The text for sponsor credits shall be in one of the following formats:
• 'This program is made possible (in part) by funding from (Sponsor /Maine and
Logo and/or brief description) ", or
• "Sponsored by ....", or
• 'Brought to you by.....:'
Guidelines
I. Identification: All sponsor credits must identify.the sponsor by name. andlor.logo. The
Citywill not accept support without proper identification.
2. Sponsor credits may not include:
• Any call to action or solicitation to purchase a product
• Superlatives
• Direct comparisons
• Price or value information
• Inducements to buy
3. Telephone numbers or web site addresses are acceptable, in sponsor credits ..only if the ..
purpose is for the viewer to obtain more information. If the purpose is to solicit sales,
.however, the information is prohibited.
4. Sponsor credits may not create the perception that there Is a connection between the
program content and the sponsor's products or services.
5. Frequency of credits: Sponsor may receive credit only at the beginning and end of a
prom
6. Program content may-not be.intenupted to provide a sponsor credit.
7. Duration of credits: ..No one credit may exceed 15 seconds; a.sequence of.cr*s citrinot
exceed 60 seconds.
8.. The City. of San Luis Obispo retains the absolute right to reject or modify any sponsor's
material for any reason:
c� -z9
Government Access Channel Operations Guidelines
Page 6
Serial Restrictions:
1. The City will not accept sponsor support from businesses that primarily sell or produce
products such as cigarettes, tobacco products or alcohol, including distilled spirits, wine
and beer.
2. The City reserves the right to refuse sponsor support from entities that may be viewed as
controversial or that promote any product or position that may be contrary to the mission
and goals of the City of San Luis Obispo.
• The City will not accept any underwriting that is false, fraudulent, misleading,
deceptive, or libelous
• Relates to illegal activity
• Does not conform to prevailing advertising industry standards for similar public
spaces.
3. Promotion of an individual political party or politician will not be displayed.
4. The City reserves the right to refuse sponsor. support from any individuals that may be
viewed as promoting the personal opinion of that individual /s.
All sponsorship and/or partnership agreements are subject to review and approval .by the: City
Attorney and CAO. An agreement shall be executed by ail parties.prior to posting any
sponsorship. Revenues received shall be allocated to offset the operational costs of the.
sponsored programming on the City's government access channel.
City Council and Planning Commission Meeting Coverage
1) Regular City Council meetings will be cablecast gavel- to-gavel, excluding closed
sessions. Special meetings will be cablecast gavel -to- gavel, whenever possible.
2) Regular Planning Commission meetings will be cablecast gavel - to-gavel. Special
meetings will be cablecast gavel -to- gavel, whenever possible:
3) Public meeting coverage will not be edited or subject to editorial comment. Editing of
technical difficulties is permitted
4) Coverage will be focused on the officially recognized speaker or.on any visual
information that may be displayed as part of a presentation.
5) There shall be no reaction shots:
l�
Government Access Channel Operations Guidelines
Page 7
6) ACity- operated character generated message may indicate the name of the officially
recognized speaker, identification of the matter(s) being considered by the
Council /Commission, and the date of the discussion.
7) Public meetings taped for cablecast will be rr cablecast at least once, if.possible. .
8) Meetings not held in the Council C hamber1equire.special.equipment and additional
staffing and may be videotaped for later cablecast with the prior approval. of the CAO, as
resources permit.
9) The Minutes shall remain the official record of the proceedings.
City Advisga Bodies, Task Forces and other Public Hearin. m .
Coverage will be as resources permit and will generally conform to all of the. provisions of live
cablecasting of City Council meetings. Coverage may be live or videotaped and aired at later
time. Coverage will be replayed if airtime is available.
Public Meetines of Other Government Entities
Public meetings held in the Council Chamber by other government entities may be cablecast live
or videotaped and aired at a later date if approved-in advance of the event by the CAO.'Said
approval .shall conform to the provisions set forth in the Council Policies & Procedures as it
relates to the use of the Council Chamber. The City maintains the right to request compensation
for costs incurred by the City for coverage of meetings held by other governmental entities.
Coverage will be replayed if airtime is available.
Use During Emergencies
Government use of the channel- during emergencies and disasters declared 6y thc. Mayor. of the
City of San Luis Obispo has absolute priority over other programming. During such em cies
or disasters, the channel shall be permitted to accept live, taped, charger - generated and audio
information from other governmental or non - governmental entities when such announcements
are deemed to provide important public information pertaining to the emergency or disaster or
other conditions rcyuiring protection of the public health, safety and welfare.
Technical Standards !
All programs: submitted or produced for cablecast must meet the following technical standards:
1) Tape format must be 3/4 inch videocassette, or other format as specified by the operator.
• :K-k to 474 .
Government Access Channel Operations Guidelines
Page 8
2) Video and audio quality must be acceptable for cablecast transmission, as determined by the
operator. Audio must be audible with minimal noise when amplified.
3) Program must be no more than a third generation• dub with a.minimum of color smearing
Tapes with excessive "drop- outs" or other technical problems. will not tie accepted
4) Tapes submitted for cablecast or produced by the City shall be clearly labeled with the
following information:
a) Title of program
b) Name of producer
c) . Total running time (TRT) in minutes-,,seconds from fade -up to;fade-out
d) Audio channel designation (if applicable)
e) Number of segments on each tape (if applicable)
f) Generation of dub if not cablecast master
g) Multiple tapes for a single program shall be clearly labeled (ex: Title, Tape # 1 of 3, Tape .
#2 of 3, etc.)
5) All tapes (with the exception of public meeting coverage) must begin with a tide slate:and
time with no less than l0. seconds of color bars followed by a lU- second codntdown :and 2.
seconds of studio black:
n Tapes should have no less than 15 seconds of black at the end.
7) All tapes must have consistent control track.
Item No.
Description
1
Hitachi Eagle, Model #HV -D30
5 Camera system. PTZ, Lens and Remote Controller
2
Sierra Video, Model #3208VAA
Routing Switcher system
3
Sierra Video, Model #);lack DA
Distribution Am
4
Ke ost. Model #B VTBC -10
Frame Store TBC
5
Ch n, Model #MicroSenbe
Character Generator
6
Model#LGST -200
Downstream inserter
7
Kramer, Model #VP7O6SC
Scan cromer ter 1024x768
8
Panasonic, Model #BM503
3ea 5" B &W monitors
9
JVC, Model #TM -Amou
21" color monitor
10
Ocean Matrix; Model #LA52
Audio monitor amp
11
Ocean Matrix, Model #UUM2TC
Audio level meter
12
Ocean Matrix, Model RK2
Rack Mount
13
Pionm,Model#PVR -LXI
DVD Recorder:
14.
Panasonic, Model #EVM85
DVDNCR player
15
Leightrunics, Model #TCD 1/P
Replay controller
16
Lei tronics, Model #TCD RIP
Disk based recotdaiiiayer
17
Leightronics, Model #TCD /SIE .
Control for Sierra Switcher
18
ABLE
Miscellaneous cable
19
Various
Miscellaneous Connectors
20
Labor
Isystem insta Had on .
EXHIBIT D
Evaluation by Grantor of Inadequate Public Facilities and Equipment
Public Access Television. See attached letter from Charter Communications referencing
the inadequacy of the equipment currently available for use by San Luis Obispo Public
Access Television at the Charter Communications television studio.
Education Access Television. Currently; 'San Luis Coastal Unified School District does
not operate an education access channel and therefore has no.�eguipment and facilities, to'
acilit es,to
do so.
Government Aocess.Television. Currently, the City of San Luis Obispo operates the
Government Access Channel. The attached statement from Audrey Hooper, City Clerk,
addresses the existing problems occurring with channel operations and the n_ eed for
upgrading equipment.
JU...8.2M5 II:ISAM -aMTER COMM SLO. N0.763 P;1/1
com DA KISO
C R,
- Bch t:b•1 �
•' A WIRm WOW 0ftPANYr ...
Wendy George July 7.2005.
Assistant City Administrator
990 Palm Street
San Loris Obispo, Ca. 93401
Dear Wendy.
For approximrabe]ythepast siz yam Chaitc= Commmdoations has supported dur'loc al ;
Public Access producers by providing a studio and equipment at.Charte r'a expense and
without the help of any PEG fees. This group ofprodueers has grown in numbers and
conthnm to flourish.
At the time this equdpmwt was purchased it was "state of the art" but as with any
electronic or technical equipment in this day and age "state of the art" is short lived:.
Some of the equipment cannot be replaced or repaired because it bas become obsolete..
and is either no longer being produoed or parts are no longer available for =ej aus:: We do
send cameras and decks out for repair and will continue to do so with' any other items that
can be repaired; but the time has cams for an upgrade to the system.
As required by its cable franchise with the City of San Luis Obispo Charter has .
established a PEG fund to be used by the City solely for PEG "access equipment and.
facilities. These costs have been passed through our subscnbeas. C,bmter.requests that, a
pogRion of these fees be utilized to upgrade or ieplaea.equipmcmt in:Or+dar WCOa MUM to
support Public Access in our commmuty:
.Cordially,
S3dA9Blddie.
Governmcut Relations Manager
2M,M" sneer • em LUW oMgM aftmis. • M4M
www, kwbu nm - to 8=444-WO • Aar SDSJ343.XAQ
Ummding the City of San Luis. Obispo Broadcasting System.
..
Why are we doing this?
1) Failing equipment: tape decks, monitors, etc.
a) Equipment was installed February 2000 and is reaching obsolescence..
2) Need to enhance the production capabilities of the system
a). Increase playback scheduling capabilities to broadcast more programs.
b) Improve manipulation of "lower third" and "crawl" on- screen graphics.
3) Need to replace and upgrade existing cameras.
a) Current cameras are security cameras and they.need to be brought up to.broadcasting
standards
b) The picture quality needs to be enhanced. .
c) Current pan, zoom, and focus capabilities are .unacceptable. The image is not viewable
during pan, zoom and focus because of excessive movement - - it jerks. Proportional
pan, tilt, and zoom is required
d) Preserve unobtrusiveness Clow profile ") of the existing cameras.
4) Need to move from an analog tape -based system to a digital hard drive -based system.
a) Won't have to buy costly SVHS. tapes @$12.00 vs. DVDs .0 $1.00 each.
b) Less storage requirements: tapes are physically larger than DVDs.
c) . Eight tape machines are failing and the current plan is to replace six of them with two-
hard drives. Two tape machines will be retained for playback on request. For
comparison purposes, a tape machine is $1200 and each replacement hard drive is
approximately $200.
5) Need to replace.existing character generator.
a) The old one continually locks up and has to'be rebooted. 'The system is not supported.
b) The on- screen graphics cannot be created nor edited while broadcasting live.
6) Need a system that will accept additional cameras.
a) The current system is limited to four cameras with no future expansion capabilities.
b) Expansion of the broadcasting system to the Council Hearing Room has been anticipated.
Audrey Hooper
City Clerk
City of San Luis Obispo
INCity OUMUPFR& To Bmadmsft Systc=DOC Last printed 7nr2M 5:16 PM
_7
Statement of Amount Requested
Amount Available: Approximately. $600,000
Amount Requested for Equipment Purchases: $252,000
Amount Requested for Release: Total amount held in reserve by Charter
Communications
Public Access Television is requesting approximately $141,000 for the purchase of.
equipment for Public Access programming.
San Luis Coastal Unified'School. District is not requesting funds at.this time,
`The City of San Luis Obispo is requesting approximately $111,000 for the purchase of
equipment for Government Access programming
RESOLUTION NO. 9707 (2005 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING
AMENDMENTS TO THE LAND USE ELEMENT MAP DESIGNATION
FROM TOURIST COMMERCIAL TO SERVICES AND MANUFACTURING
FOR PROPERTY AT 12398 LOS OSOS VALLEY ROAD
GP/ER 19 -05
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 13, 2005 and voted to recommend approval of map amendments pursuant to
application GP/R/ER 19 -05, John S. Frangie, applicant; 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 July 5,
2005, for the purpose of considering Application GP/R/ER 19 =05; 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 City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
1. The City Council finds and determines that the project's mitigated Negative Declaration
adequately addresses the potential environmental impacts of the proposed project, and
reflects the independent judgment of the Council.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Commercial zoning, which place a priority on maintaining areas for auto sales
uses within the vicinity.
3. The existing property is not conducive to large scale tourist serving development since it
is a very small site at the edge of the C -S district adjacent to existing retail and service
uses.
4. This project site is subject to several criteria which clearly necessitate an overlay zone in
order to ensure adequate review. The S overlay will allow the property to be zoned
consistently with adjacent properties since adjacent C -S properties currently contain an S
overlay zone. The following conditions warrant the S overlay zone: R9707
Resolution No. 9707 (2005 Series)
Page 2
a. The property is within a 100 -year flood zone.
b. Los Osos Valley Road is recognized as a road of high scenic value as cited within the
General Plan Circulation Element.
c. As discussed in the General Plan analysis above, the Commercial Service parcels
within this vicinity are designated for auto sales and discretionary review should be
required for new land uses in order to ensure that a shortage of land for auto sales uses
will not occur.
d. Planned improvements for Calle Joaquin at this location include a new four -way
intersection and a traffic signal, therefore new development should be reviewed
accordingly.
e. Changes in occupancy will trigger the removal of gas station associated infrastructure
and may require additional soils analysis and architectural review.
SECTION 2. Action.
The Council hereby approves said Mitigated Negative Declaration and approval of the request
(GP/ER 19 -05) for a General Plan amendment, as shown on attached Exhibit A with
incorporation of the following mitigation measures and project conditions into the project:
Mitigation Measures:
Prior to occupancy of the site by uses other than the sale of gasoline, the existing fuel
pumps, islands, signs and fuel island canopy shall be removed from the site.
Monitoring Program:
Changes in use or occupancy shall require an Administrative Use Permit as part of the
"S" overlay requirement as listed in mitigation measure 5. The Use Permit review shall
contain conditions of approval to ensure implementation of mitigation measure 1. A
construction permit shall be required to perform the required work.
2. Removal of all gasoline dispensing facilities, including pumps, plumbing, underground
tanks, and all associated infrastructure shall occur prior to occupancy of land uses other
than the gasoline sales.
Monitoring Program:
Changes in use or occupancy shall require an Administrative Use Permit as part of the
"S" overlay requirement as listed in mitigation measure 5. The Use Permit review shall
contain conditions of approval to ensure implementation of mitigation measure 2. A
construction permit shall be required to perform the required work.
3. Removal of gasoline dispensing features shall require demolition permits from the City of
San Luis Obispo and the County of San Luis Obispo Environmental Health Division.
Monitoring Program:
Construction permits for demolition of gasoline dispensing facilities shall be reviewed by
the County Environmental Health Division prior to submittal of a construction permit to
the City. Proof of County review and approval shall be submitted to the City with the
required demolition permit.
4. If the gas station use is to be abandoned, the soils at the site shall be evaluated by a
professional who is qualified to evaluate environmental hazards such as gasoline or
MTBE products. A report shall clarify any steps necessary to remediate the site and shall
(7) 1� D
Resolution No. 9707 (2005 Series)
Page 3
be submitted to the County and the City as part of the demolition requirements. Any
necessary remediation shall be completed prior to occupancy of the site.
Monitoring Program:
Prior to final inspection of the demolition activities, a soils analysis report prepared by a
qualified professional shall be submitted to the City. Any required remediation work
shall be completed prior to a final inspection and approval of the City demolition permit.
5. As part of the re- zoning of the property a Special Considerations "S" overlay zone shall
be applied to the property consistent with Chapter 17.56 of the Zoning Regulations. The
S overlay designation will ensure future land use compatibility with the site specifically
related to the following site constraints:
a. "A" flood zone as designated on FEMA maps for this property.
b. General Plan conformance with Auto Park area automotive related uses.
c. Development on a road of "High Scenic Value ".
d. Review of new uses for compatibility with proposed road improvements for Calle
Joaquin and Los Osos Valley Road.
e. Review of adequate removal of remnant service station infrastructure
Monitoring Program:
The S overlay shall be recorded onto the City Zoning Map with the change of zoning
from C -T to C -S, with the new Zoning to be C -S -S. A copy of the special considerations
(a through e) for the site shall be placed into the property address file, the GIS
information database and into the City S overlay folder maintained by the Community
Development Department.
Conditions:
1. Exterior site changes or construction shall be subject to architectural review to
ensure consistency with the City's Community Design Guidelines, and Circulation
Element Scenic Roadway policies.
2. Any substantial change to the existing use or any new use at the site shall be subject
to review and approval of an Administrative Use Permit.
3. No storage or sale of vehicles associated with the auto sales uses shall be allowed at
the property prior to a formal occupancy change request and completion of
applicable conditions and mitigation measures.
4. Following removal of underground gasoline dispensing infrastructure, interim use
of the former gas station area for auto sales and display may be permitted before
ARC approval of site changes provided that Architectural Review plans for the
expansion of the adjacent auto sales facility have been submitted and are in the
process of being acted on by the City. Any new signs associated with the interim
use of the site will require approval by the Community Development Director. The
interim use shall expire twelve months from the date of submittal of architectural
review plans to the City unless a building permit for the expansion has been issued
by the City. The Community Development Director may grant a six month
extension of the interim use.
�I •
Resolution No. 9707 (2005 Series)
Page 4
On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll
call vote:
AYES: Council Members Brown, Mulholland, Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of July 2005.
Mayor David F
ATTEST:
Audrey Ho er
City Cler
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
(Y
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C11 17
RESOLUTION NO. 9706 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CITY'S MASTER FEE SCHEDULE AND MODIFYING THOSE
FEES FOR THE RECOVERY OF COSTS RELATED TO FIRE AND LIFE SAFETY
INSPECTIONS OF ALL MULTI - DWELLING RENTAL PROPERTIES
CONTAINING THREE OR MORE DWELLING UNITS AND
AUTHORIZING COLLECTION OF THESE FEES FOR 2005 -06
ON THE SECURED PROPERTY TAX ROLL
WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code
Section 17921 to annually inspect multi- dwelling rental properties containing three or more
dwelling units, including apartments, hotels, motels, lodging houses and congregate residence;
and
WHEREAS, a typical fire and life safety inspection at these facilities would include, but
not be limited to, checking fire alarm systems, fire sprinkler systems, fire extinguishers, common
areas for fire hazards, exiting and fire access issues; and
WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge
property owners in recovering the reasonable costs of providing these annual inspections; 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
(2001 Series) updating the master fee schedule; and
WHEREAS, the Council considered amendments to the master fee schedule at a public
hearing on May 17, 2005 based on a detailed analysis of costs and funding requirements to meet
adopted cost recovery goals, and adopted Resolution No. 9684 (2005 Series) setting fees
providing for 94% cost recovery for state - mandated fire and life- safety inspections; and
WHEREAS, on July 5, 2005, the Council considered reducing the fees set on May 17,
2005 for sororities and fraternities and very low and low income households.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City's master fee schedule is hereby amended by the addition of the
modified multi - dwelling rental property fire and life safety inspection fees as set forth in
"Exhibit A" attached hereto.
SECTION 2. These fees shall be effective immediately.
R9706
Resolution No. 9706 (2005 Series)
Page 2
SECTION 3. As authorized in California Health & Safety Code Section 13146.2(b) and
Municipal Code Section 3.50, these fees shall be collected on the secured property tax roll for
fiscal year 2005 -06. A listing of fees by assessor's parcel number shall be provided to the
County Auditor- Controller for collection on the 2005 -06 secured property tax roll in accordance
with their schedule and data format requirements.
SECTION 4. Those provisions of Resolution No. 9684 (2005 Series) not inconsistent
with this resolution shall remain in effect.
On motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Member Brown, Mulholland, Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5`s day of July 2005.
Mayor David F. Romero
ATTEST:
. A" rj., z 4
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jon well
City Attorney
Resolution No. 9706 (2005 Series)
Page 3
Apartments
$50.00 per unit per year
Administrative Fee of$67.00 /year per facility
$15,000 maximum per property
J
A
Fees are waived for units that are built, owned, and managed by the San Luis Obispo Housing
Authority, other governmental agencies, or not - for - profit housing organizations.
Hotels, Motels, Lodging House, Bed & Breakfast Facilities, Youth Hostel Facilities and
Senior Facilities, Sororities, Fraternities and Other Congregate Residences
1 to 30 units $202 /year per facility
31 to 80 units $302 /year per facility
More than 80 units $402 /year per facility
These fees are applicable to all Multi- Dwelling Rental units in the City based on the following
definitions as set forth in the 2001 California Building Code, Chapter 2: Definitions and
Abbreviations, Section 201.
Apartment house is any building, or portion thereof, which contains three or more dwelling
units.
Congregate residences are any building or portion thereof that contains facilities for living,
sleeping and sanitation, as required by this code, and may include facilities for eating and
cooking, for occupancy by other than a family. A congregate residence may be a shelter,
convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals,
nursing homes, hotels, or lodging houses.
Dwelling unit is any building or portion thereof that contains living facilities, including
provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more
than one family, or a congregate residence for ten or less persons.
Hotel is any building containing six or more guest rooms intended or designed to be use, or
which are used, rented or hired, out to be occupied, or which are occupied for sleeping purposes
by guests.
Lodging house is any building or portion thereof containing not more than five guest rooms
where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed &
breakfast facilities and hostels, but excludes single family dwellings).
Motel shall mean the same as hotel as defined in this code.
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RESOLUTION NO. 9705 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING PARTICIPATION IN A CALTRANS COMMUNITY -BASED
TRANSPORTATION PLANNING GRANT AND ACCEPTANCE OF A GRANT
AWARD FOR PREPARATION OF THE SOUTH BROAD STREET CORRIDOR PLAN.
WHEREAS, the City of San Luis Obispo has been selected by the California Department of
Transportation to receive a Community -Based Transportation Planning Grant for the South Broad
Street Corridor Enhancement Plan; and
WHEREAS, the South Broad Street Corridor enhancement was a Major City Goal in the
2003 -2005 Financial Plan and continues to be an important planning objective for all City
residents; and
WHEREAS, as envisioned, the "Broad Street Village Plan" will focus on neighborhood
building and revitalization; and,
WHEREAS, the City Council supports the City's participation in the Community -Based
Transportation Planning Program to assist the City in this important planning effort.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis. Obispo
as follows:
SECTION 1. The Council hereby authorizes the City to participate in the California
Department of Transportation's Community-Based Transportation Planning Grant Program in
connection with the South Broad Street Corridor Enhancement Plan, including grant application,
acceptance of a State grant of $110,000, grant implementation and allocation of $20,000 in City
funds for the required match.
SECTION 2. The City Administrative Officer is authorized to enter into a grant agreement
with the California Department of Transportation and to execute all related grant documents.
Upon motion of Vice Mayor Ewan, seconded by Council Member Mulholland,
and on the following vote:
AYES: Council Members Brown, Mulholland, Settle, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5 day of July 2005.
R9705
Resolution No. 9705 (2005 Series)
Page 2
ATTEST:
j
Audrey Hoope
City Clerk
APPROVED AS TO FORM:
Jon . Lowell
City Attorney
N
Mayor David F. Romero
cl, 0
O
RESOLUTION NO. 9704 (2005 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF AN OPEN SPACE AND
AGRICULTURAL CONSERVATION EASEMENT ON REAL PROPERTY
WHEREAS, Congregation Beth David of San Luis Obispo, a non - profit religious
institution ( "Grantor ") is the owners in fee simple of certain real property in San Luis Obispo
County, California, outside of but adjacent to the City of San Luis Obispo, described as
Assessor's Parcel Number 067 - 091 -011 ( "the "Property "); and
WHEREAS, the Property possesses natural resource values including agricultural
production, wildlife and plant resources, and scenic open space values (the "Conservation
Values ") of great importance to Grantor, the people of the City of San Luis Obispo, and the
people of the State of California; and
WHEREAS, due to the Property's topography portions of it are particularly valuable as
agricultural land and as a site on which to conduct wetland mitigation and enhancement projects;
and
WHEREAS, Grantor intends that the conservation values of said portions of the Property
be preserved and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of
San Luis Obispo the right to preserve and protect the conservation values of said portions of the
Property in perpetuity; and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to accept Conservation Easements; and
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation
values of said portions of the Property for the benefit of this generation and the generations to
come.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes acceptance of the offer of donation of an Open Space and
Agricultural Conservation Easement Assessor's Parcel Number 067 - 091 -011,
subject to non - substantive changes approved by the City Attorney; and
2. Authorizes and directs the Mayor to accept said Conservation Easement on
behalf of the City of San Luis Obispo.
R 9704
Resolution No. 9704 (2005 Series)
Page 2
The foregoing resolution was adopted this 21' day of June 2005.
On motion of Council Member Settle, seconded by Council Member Brown, and on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, and Mayor Romero
NOES: None
ABSENT: Vice Mayor Ewan
Mayor David F. Romero
ATTEST:
z I ww'o'.Aj 46�4
udrey H er
City Cler
APPROVED AS TO FORM:
J nath . Lowell
i Attorney
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,J
RESOLUTION NO 9703 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2005 -07 FINANCIAL PLAN AND 2005 -06 BUDGET
WHEREAS, the City Administrative Officer has submitted the 2005 -07 Financial Plan
to the Council for its review and consideration in accordance with budget policies and objectives
established by the Council; and
WHEREAS, the 2005 -07 Financial Plan is based upon extensive public comment and
direction of the Council after twelve scheduled budget study sessions and public hearings.
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo that
the 2005 -07 Financial Plan is hereby approved and that the operating, debt service and capital
improvement plan budget for the fiscal year beginning July 1, 2005 and ending June 30, 2006 is
hereby adopted.
On motion of Vice Mayor Ewan seconded by Council Member Mulholland, and
on the following vote:
AYES: Council Members Brown, Mulholland and Settle,
Vice Mayor Ewan and Mayor Romero
NOTE: None
ABSENT: None
The foregoing resolution was passed this 21s` day of June 2005.
Mayor David-P. Romero
ATTEST:
A drey Hoop U
City Clerk
09 a :Z9191CI�7i
Jonat . Lowell
City Attorney
R 9703
C,
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����
RESOLUTION NO. 9702 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CITY'S MASTER FEE SCHEDULE
AS PART OF THE 2005 -07 FINANCIAL PLAN PROCESS
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 June 21, 2005 as part of the 2005 -07 Financial Plan process 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 set forth in Exhibit.A.
Upon motion of Council Member Mulholland seconded by Vice Mayor Ewan, and on the
following vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: Council Member Settle
ABSENT: None
The foregoing resolution was adopted this 21" day of June 2005.
Mayor David F. Romero
ATTEST:
A./ /'
Audrey H per
City Cler
Resolution No. 9702 (2005 Series)
Page 2
APPROVED AS TO FORM:
Jonaibawf. Lowell
City Attorney
m
•
Exhibit A
AMENDMENTS TO THE MASTER FEE SCHEDULE
PUBLIC SAFETY: POLICE SERVICES
Vehicle Tow Release Fee
Effective July 1, 2005
$96.00 per tow, payable by the registered vehicle owner.
False Alarm Fees
Effective July 1, 2005
First and Second False Alarm
No Fee
Third False Alarm
$65.50
Fourth False Alarm
107.30
Fifth False Alarm
175.40
Sixth False Alarm
306.90
Seventh and Subsequent False Alarms
499.10
Property Damage -Only Collision Investigations
Effective July 1, 2005
$50.00 per party per non -injury traffic collision investigation.
PARKS AND RECREATION
Added Charge for Programs Using School District Facilities
Effective July 1, 2005
$0.25 per person per use charge on all programs using San Luis Coastal Unified School District
facilities.
Universal Triathlon Registration Fee
Effective September 1, 2005
Resident $64.00
Non - Resident 64.00
C� •
Exhibit A
COMMUNITY DEVELOPMENT
Airport Land Use Commission (ALUC) Plan Review Fee
Effective September 1, 2005
Waterway Management Plan Fee
Effective September 1, 2005
A surcharge of 7% shall be added to the plan check and building permit fee for projects subject
to the Waterway Management Plan and the storm water management program.
GENERAL GOVERNMENT
Replacement Business Tax Certificate Fee
Effective July 1, 2005
$31.00
Business Change of Location Fee
Effective July 1, 2005
$103.00
Business License Fees
Effective September 1, 2005
New Applications
Located in the City * $108.00
Located outside of the City 36.00
Annual Renewals 31.00
Note: Applications for Home Occupation Permits are not subject to this fee, as this would
duplicate the fee already charged for this review.
Per
Application
Administrative Reviews
$100.00
Reviews Requiring ALUC Hearing
400.00
Waterway Management Plan Fee
Effective September 1, 2005
A surcharge of 7% shall be added to the plan check and building permit fee for projects subject
to the Waterway Management Plan and the storm water management program.
GENERAL GOVERNMENT
Replacement Business Tax Certificate Fee
Effective July 1, 2005
$31.00
Business Change of Location Fee
Effective July 1, 2005
$103.00
Business License Fees
Effective September 1, 2005
New Applications
Located in the City * $108.00
Located outside of the City 36.00
Annual Renewals 31.00
Note: Applications for Home Occupation Permits are not subject to this fee, as this would
duplicate the fee already charged for this review.
O
RESOLUTION NO. 9701 (2005 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 its 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.
Upon motion of Council Member Brown seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution adopted this 20 day of June 2005.
ATTEST:
if,( it 4 , dZ' 0
Audrey Hoop
City Clerk
Mayor David F. Romero
R 9701
Resolution No. 9701 (2005 Series)
Page 2
rMIJIT"Tell M • •CU
Jona an P. Lowell
City Attorney
o
EXHIBIT A
BEACH CITIES CAB COMPANY
SCHEDULE OF RATES
Fee Type
Fee
Pick Up
$ 3.00
Per Mile
$ 2.15
Wait Time
$25.00
Credit Card Use
$ 4.00
po
RESOLUTION NO. 9700 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DIRECTING THE CAO TO SUBMIT GRANT FUNDING APPLICATIONS FOR
STATE TRANSPORTATION ENHANCEMENT FUNDS
WHEREAS, the City Of San Luis Obispo actively pursues funding for programs and projects
to augment delivery of needed services to the community and
WHEREAS, various grant sources become available during the year for miscellaneous
purposes including transportation safety and enhancement; and
WHEREAS, the City Council finds that implementation of this projects described below will
improve transportation in San Luis Obispo, consistent with the community's General Plan,
Circulation Element and Railroad District Plan.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. The City Council directs the City Administrative Officer (CAO) to submit a State
Transportation Enhancement grant application to SLOCOG and Caltrans and to enter into any
subsequent cooperative agreements with that agency for the following project:
SPRR Freight Warehouse Rehabilitation Project — Phase H ($1,405,000 total cost).
Section 2. The City Council hereby certifies that it will provide a minimum twenty percent
(20 %) local funding match for the project described in Section 1.
Section 3. The City Council hereby certifies that it maintain said project, either directly or
through a third party agreement with the San Luis. Obispo Railroad Museum..
On motion of Council Member Brown, seconded by Vice Mayor Ewan and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: None
The following resolution was adopted this 215` day of June 2005.
R9700
Resolution No. 9700 (2005 Series)
Page 2
ATTEST:
. L41-4 / �,
Audrey Hooper
City Clerk
Jona. Lowell
City Attorney
V
Mayor David F. Romero
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