HomeMy WebLinkAbout10013-10039,�D
RESOLUTION NO. 10039 (2008 SERIES)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING INTEGRATED SOLID WASTE RATES
WHEREAS, on June 21, 1994, the City Council of the City of San Luis Obispo approved
the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste
Management Rates; and
WHEREAS, a review of San Luis Garbage Company's 2009 interim year solid waste
rate application has been completed in accordance with the adopted solid waste rate setting
policies; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 9943 (2007 series) is hereby rescinded as of 11:59 p.m.,
December 31, 2008.
SECTION 2. The rates set forth in Exhibit A shall be effective January 1, 2009.
Upon motion of Council Member Carter, seconded by Council Member Mulholland, and
on the following vote:
AYES: Council Members Carter; Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted on this 18th day of November 2008.
Mayor David F. Romero
ATTEST:
- a"-X, vmo-e-,�
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Zf 775� y
onat . Lowell
City Attorney
R 10039
CITY OF SAN LUIS OBISPO
4.08% AVERAGE ACROSS THE BOARD INCREASE
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE 1 -1 -2009
MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
O
Size of
container
cubic yards)
COLLECTIONS
PER WEEK
1 2 3 4 5 6
7
1
$ 87.02
$
126.74
$ 166.40
$
206.11
$
245.81
1 $
285.46
$ 325.17
1.5
$ 100.76
$
155.71
$ 210.68
$
265.62
$
320.59
$
375.53
$ 430.51
2
3
4
6
$ 114.49
$
183.19
$ 251.88
$
320.58
$
389.28
$
457.95
$ 526.64
$ 141.95
$ 238.16
$ 334.32
$ 430.51
$ 526.68
$ 622.86
$ 719.04
1 $ 169.44
$ 294.63
$ 419.84
$ 545.03
$ 670.21
$ 795.42
$' 920.63
$ 224.38
$ 406.06
$ . 587.75
$ 769.42
$ 951.12
$ 1,132.79
$ 1,314.48
The rates shown above include the monthly container rental tee anc are me same Tor Dins
and garwoods, when volume is identical.
COMMERCIAL GARBAGE CANS (PER MONTH)
number
of
cans
COLLECTIONS PER WEEK
1 2 3 4 5 6
7
1
2
3
4
5
6
7
8
9
$
21.38
$
33.57 1
$ 45.80
$
57.99
$
70.20
$
82.40
$ 94.60
$ 27.48
$ 42.76
$ 58.01
$ 73.27
$ 88.57
$ 103.82
$ 119.08
$ 33.59
$ 51.94
$ 70.24
$ 88.60
$ 106.90
$ 125.23
$ 143.57
$ 39.71
$ 61.08
$ 82.44
$ 103.83
$ 125.21
$ 146.60
$ 167.95
$ 45.82
$ 70.23
$ 94.66
$ 119.08
$ 143.53
$ 167.93
$ 192.36
$ 51.94
$ 79.39
$ 106.86
$ 134.35
$ 161.80
$ 189.30
$ 216.76
$ 58.02
$ 88.59
$ 119.09
$ 149.64
$ 180.17
$ 210.71
$ 241.24
$ 64.14
$ 97.75
$ 131:35
$ 164.93
$ 198.54
$ 232.14
$ 265.73
$ 70.24
$ 106.89
$ 143.55
$ 180:18
$ 216.82
$ 253.47
1 $ 290.11
maimmum volume anc weignt per gamage can: oe qaiion5 any ou puunua
Additional charge per can per collection: $ 6.57
Sunday service $ 53.45 per month in addition to garbage service monthly cost
Proposed Rate Schedule for Integrated Solid Waste Services effective 1 -1 -2009
Exhibit A
0 0
CITY OF SAN LUIS OBISPO
t'e%U 11FGr1Al 06 r:Al 1 nN WCRTF WMFFI FR r1INT01NFRS (PER MONTH)
number
of
containers
1 cubic yard (minimum charge)
$
45.81
2 cubic yards
COLLECTIONS
PER WEEK
3 cubic yards
$
67.17
1 2 3 4 5 6
1 2 3 4 5 6
7
1
2
3
4
5
6
7
8
9
$
38.10
$ 61.01
$
83.92
$
106.82
$
129.75
229.00
2.62
$ 175.55
$ 62.47
$ 96.02
$ 129.61
$ 163.19
$ 196.77
$ 323.64
$ 263.96
$ 86.82
$ 131.08
$ 175.35
$ 219.63
$ 263.91
8.15
$ 352.43
$ 111.17
$ 166.12
$ 221.10
$ 276.04
$ 331.01
K$230.34
5.94
$ 440.93
$ 135.52
$ 201.20
$ 266.82
$ 332.48
$ 398.12
3.77
$ 529.41
$ 159.89
$ 236.23
$ 312.56
$ 388.88
$ 465.22
1.59
$ 617.89
$ 184.25
$ 271.27
$ 358.30
$ 445.32
$ 532.35
9.37
$ 706.39
$ 208.61
$ 306.33
$ 404.02
$ 501.74
$ 599.45
7.17
$ 794.87
$ 232.97
$ 341.35
$ 449.75
$ 558:13
$ 666.52
1 $ 774.90
1 $ 883.26
r^RAAlvortAl nl IMOCTCG rnNTAIMFRC rPFR MnNTNI
Size of
container
(cubic rds
1 cubic yard (minimum charge)
$
45.81
2 cubic yards
COLLECTIONS PER WEEK
56.49
3 cubic yards
$
67.17
1 2 3 4 5 6
7
1
1.5
2
3
4
6
8
$ 76.33
$
106.86
$
137.41
$
167.93
$
198.45
$
229.00
$ 259.54
$ 85.49
$ 125.17
$ 164.85
$ 204.56
$ 244.24
$ 283.94
$ 323.64
$ 94.65
$ 141.97
$ 189.32
$ 236.65
$ 283.97
$ 331.30
$ 378.63
$ 112.97
$ 178.60
$ 244.24
$ 309.89
$ 375.53
$ 441.18
$ 506.84
$ 131.27
$ 216.77
$ 302.24
$ 387.76
$ 473.23
$ 558.72
$ 644.23
$ 167.90
$ 288.52
$ 409.14
$ 529.76
$ 650.38
$ 770.98
$ 891.62.
$ 204.53
$ 360.26
$ 515.99
$ 671.72
$ 827.45
$ 983.18
$ 1,138.92
The rates shown aoove mcluce me monmiy container remai roe anu aic u- aama
and garwoods, when volume is identical.
Sunday service $ 53.45 per month in addition to garbage service monthly cost
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS
$ 35.13
1 cubic yard (minimum charge)
$
45.81
2 cubic yards
$
56.49
3 cubic yards
$
67.17
4 cubic yards
Proposed Rate Schedule for Integrated Solid Waste Services effective 1 -1 -2009
Exhibit A
CITY OF SAN LUIS OBISPO
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
VOLUME -BASED RATES
AUTOMATED SERVICE
MINI -CAN SERVICE
$ 7.54 per month for one 19 gallon wastewheeler container collected once each week
ECONOMY RATE
$ 12.05 per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$ 24.10 1 per month for one 64 gallon wastewheeler container collected once each week
PREMIUM RATE
$ 36.15 per month for one 96 gallon wastewheeler container collected once each week
PREMIUM PLUS RATE
$ 10.98 per month for additional 32 gallon wastewheeler container collected once each week
$ 21.98 per month for additional 64 gallon wastewheeler container collected once each week
$ 32.97 per month for additional 96 gallon wastewheeler container collected once each week
per month for vacation (less 17.8% disposal)
SERVICE AWAY FROM THE STREET CURB
$ 8.22 additional per month per can or container
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required)
$ 12.23 per trip plus charges identified above for any extra containers or equivalent volume
$ 6.04 additional charge per 33 gallon can or equivalent volume per collection
N
EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK hone call required)
$ 18.34 1 per trip plus:
$ 6.04 per garbage can or equivalent volume (amounts over six cans by quotation)
$ 4.57 per white good article (once a month,residential customers only)
$ 4.57 per piece of furniture (residential customers only)
$ 4.57 per mattress or boxs rin residential customers only)
Proposed Rate Schedule for Integrated Solid Waste Services effective 1- 1.2009
DESIGNED
MANUAL SERVICE
(determined by city staff)
$ 12.33
$ 39.46
$ 59.18
F$___1 7-9-
1797
$ 35.96
$ 53.96
Exhibit A
CITY OF SAN LUIS OBISPO
RATE SCHEDULE
FOR COMMERCIAL RECYCLING ACTIVITIES
COMMINGLED RECYCLING COLLECTION
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
0
Exhibit A
Size of
container
COLLECTIONS PER WEEK
cubic yards)
1
2
3
4
5
6
7
1
INCLUDED
INCLUDED
$
34.35
$
41.99
$
49.61
$
57.26
$ 64.87
1.5
2
3
4
6
8
INCLUDED
INCLUDED
$
41.21
S
51.12
$
61.05
$
70.97
$ 80.91
INCLUDED
INCLUDED
$ 47.31
$ 59.16
$ 70.98
$ 82.83
$ 94.66
INCLUDED
INCLUDED
$ 61.05
$ 77.48
$ 93.88
$ 110.30
$ 126.71
INCLUDED
INCLUDED
$ 75.57
$ 96.93
$ 118.31
$ 139.70
$
INCLUDED
INCLUDED
$ 102.29
$ 132.45
$ 162.61
$ 192.74
$
M284.73
INCLUDED
INCLUDED
$ 129.02
$ 167.93
$ 206.86
$ 245.82
$
The rates shown above Include the monmly container rental tee ana are the same Tor oins
and garwoods, when volume is identical.
WHITE OFFICE PAPER COLLECTION
White office paper can be commingled with other recycling in your blue waste wheeler.
In office collection of white /colored paper is available at 1 $ 51.64 per hour
POLYSTYRENE COLLECTION
Polystyrene is no longer collected for recycling. It should be thrown away as trash.
However rigid # 6 is recyclable (plastic beer cups, clear plastic wine glasses, etc.)
Proposed Rate Schedule for Integrated Solid Waste Services effective 1- 1.2009
RESOLUTION NO. 10038 (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE FILING OF THE 2008 -09 FEDERAL CAPITAL AND
OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT
ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City
of San Luis Obispo and may require the City of San Luis Obispo provide the local share of
project costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the San
Luis Obispo Regional Transit Authority and may require the San Luis Obispo Regional Transit
Authority provide the local share of project costs; and
WHEREAS, the San Luis Obispo Regional Transit Authority has or will provide all
annual certifications and assurances to the Federal Transit Administration required for the
project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo and San Luis Obispo Regional Transit
Authority are eligible recipients as defined by 49 U.S.C. 5307, 5336j, and 5340.
SECTION 2. The Public Works Director is authorized to execute and file an application
for federal assistance on behalf of the City of San Luis Obispo with the Federal Transit
Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States
Code and other federal statutes authorizing a project administered by the Federal Transit
Administration.
SECTION 3. The Public Works Director is authorized to execute and file with the
application the annual certifications, assurances, and other documents the Federal Transit
Administration requires before awarding a federal assistance grant.
SECTION 4. The Public Works Director is authorized to execute grant agreements with
the Federal Transit Administration on behalf of the City of San Luis Obispo in Exhibit A.
R 10038
o �13
Resolution No. 10038 (2008 Series)
Page 2
Upon motion of Council Member Mulholland, seconded by Council Member Carter, and
on the following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of November 2008.
' •
ATTEST:
it, 16,u, 4444'1t-i
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jo athan P well
City Attorney
O EXHISIT "Alp
FEDERAL TRANSIT ADMINISTRATION
GRANT APPLICATION
for
SLO TRANSIT
PROGRAM OF PROJECTS
FOR FISCAL YEAR 2008 -2009
The City of San Luis Obispo will be conducting a public hearing to receive comments on the
Draft Program of Projects on November 18, 2008 at 7:00 p.m. in Council Chambers, 990 Palm
Street, San Luis Obispo. The below Draft Program of Projects will become the final program
unless modified:
Federal Apportionments:
For 2008 -2009
Carryover from previous year
Available to Program
Protect
Operating Assistance 7/1/08 to 6/30/09
Bus Replacement (1)
Capital Cost of Contracting
Capital Augment Bus Replacement
Electronic Farebox Project
Total Project Cost
Federal Share
City of San Luis Obispo
San Luis Obispo Regional Transit Authority
Local Share
City of San Luis Obispo
San Luis Obispo Regional Transit Authority
$1,441,684
$117,300
$1,558,984
Transit
Federal
Total
Operator
Amount
Amount
SLO City
6001000
1,966,837
SLO City
342,000
380,000
SLO City
336,000
420,000
SLO City
37,500
37,500
SLORTA
200,000
360,000
$3,164,337
$1,515,500
1,315,500
200,000
$1,648,837
1,488,837
160,000
V
1
RESOLUTION NO. 10037 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2787
(562 SANDERCOCK-)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 2787, as prescribed in Resolution No. 9814 (2006 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received, as prescribed in the subdivision
agreement; and
WHEREAS, all conditions required per said Resolution No. 9814 (2006 Series) will be
met prior to or concurrent with final recordation of the map; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract No. 2787, as shown on the attached Exhibit is found
to be in substantial compliance with the tentative map.
SECTION 2. The subdivision agreement for Tract No. 2787 is hereby approved.
SECTION 3. Approval of the final map is hereby granted.
Upon motion of Vice Mayor Brown, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
R 10037
Resolution No. 10037 (2008 Series) O
Page 2
The foregoing resolution was adopted this 18th day of November 2008.
Mayor David F. Romero
ATTEST:
1;UW4.ee 14�
Audrey H er er
City Cler
APPROVED AS TO FORM:
ath . Lowell
City Attorney
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0 0
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 3leo day of 4co� b-cr 200 CK by and
between Michael J. Sathre and Rosanna Valdivieso, herein referred to as "Subdivider,"
and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2787, City of San Luis Obispo,
rt1-7
California, as approved by the City Council on the /Y day of khtha,4i r 200
The Subdivider desires that said Tract No. 2787 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file at the City of
San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals and water services
• •
4. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
11
i
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and /or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $82,582 which is the
amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
W
•
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($41,291) in
accordance with State law
Said Subdivider shall pay an inspection fee upon issuance of building and
encroachment permits for City to inspect the installation of said subdivision improvements,
and to verify that they have been completed in accordance with the plans and
specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with the City as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
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.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
MAYOR David F Romero Micahel J. Sathre
l • - • -
/ AV-;- -i g2w 404
MOV'AudreiHooper
IRWED AS TO
r4 -
ATTORNEY Jonathan P. Lowel
0
EXHIBIT 1
TRACT 2787
SUBDIVISION AGREEMENT
•
The Subdivider has deposited a monumentation guarantee in the amount of $500 to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter
from the Engineer indicating that they have completed the work and have been paid.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
The subdivider shall comply with all requirements of Council Resolution 9814 (2006 Series)
approving the tentative map.
0
TRACT 2787 - FEE AND BOND LIST
0
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance
$82,582
Certificate of
1028/08
Deposit
Labor & Materials (50% of total cost of
$41,291
Certificate of
1028/08
improvements
Deposit
Monument Guarantee
$500
Promissory Note
620/08
Fees:
Map Check Fee
$2,997
Check
11/16/06
Inspection Fee
To be paid with
building permit and
encroachment permit
Park In -Lieu Fee'
$15,816
Check
11/4/08
Water Impact Fee'
To be paid with
building permit
Wastewater Impact Fee'
To be paid with
building permit
Transportation Impact Fee'
To be paid with
building permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
0 0
RESOLUTION NO. 10036 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REVISING
MANAGEMENT COMPENSATION FOR MANAGEMENT EMPLOYEES
SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City Council is committed to a comprehensive policy that strengthens the
recruitment and retention of highly qualified and effective management employees (including
appointed officials); and
WHEREAS, the City Council wishes to provide an appropriate compensation package for
its management employees; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby revises management compensation as follows:
SECTION 1. Management compensation will continue for a one -year term commencing
January 1, 2009.
SECTION 2. The City agrees to adjust management salary ranges and salaries of
management employees 2% on January 8, 2009.
SECTION 3. The City shall continue to provide management employees certain fringe
benefits as set forth in Exhibit "A ", fully incorporated by reference.
SECTION 4. The Director of Finance and Information Technology shall adjust the
appropriate accounts to reflect the compensation changes.
Upon motion of Vice Mayor Brown, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT None:
R 10036
0 0
Resolution No. 10036 (2008 Series)
Page 2
The foregoing resolution was adopted this 18th day of November 2008.
Mayor David F. Romero
ATTEST:
- L-4,�
Audrey Ho
City Clerk
APPROVED AS TO FORM:
Job Lowell \
City Attorney
G: \701 -03 Resolution (Log) \10036 reso.DOC
O O EXHIBIT "A"
Page I of 5
APPOINTED OFFICIALS AND MANAGEMENT FRINGE BENEFITS 2009
Section A Medical, Dental, Eve Care
The City shall establish and maintain medical, dental and eye care insurance plans for coverage
by department head and management employees and their dependents. The City reserves the
right to choose the method of insuring and plans to be offered.
The City has elected to participate in the PERS Health Benefit Program pursuant to the Public
Employees' Medical and Hospital Care Act (PEMHCA) with the "unequal contribution option"
at the PERS minimum contribution rates, $97.00 per month for active employees and $72.75 for
retirees as of January 1, 2008. 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 contributions for
employees and retirees are equal.
Employees with proof of medical insurance elsewhere are not required to participate in the
medical insurance plan 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 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 Employees' Contingency Reserve Fund and 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
employee benefits.
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 for medical insurance.
Employees shall participate in term life insurance of $4,000 through payroll deduction as a part
of the cafeteria plan.
Section B Cafeteria Plan Contribution
The City's contribution to the Cafeteria Plan for regular, full -time employees will be set using
the procedure outlined below.
Within 30 days of receipt of health insurance premiums from medical, dental, and vision
insurance providers, the City will set the cafeteria contribution using the following
methodology.
One hundred percent of the combined premiums for the lowest cost Health Maintenance
Organization (HMO) medical plan available in San Luis Obispo County to employees
covered by this resolution, the Dental Preferred Option (DPO) dental plan, and the vision
plan; but not less than 80% of the combined premiums for the lowest cost Preferred
Resolution No. 10036 (2008 series) O EXHIBIT "A"
Management Fringe Benefits 2009 Page 2 of 5
Provider Option (PPO) medical plan available in San Luis Obispo County to employees
covered by this resolution, the DPO dental plan, and the vision plan.
New employees who elect not to be covered under a City medical plan will receive a
$200 cafeteria contribution. Employees hired prior to August 31, 2008 who opt out of
the City medical plan will receive $790 per month unless they choose to enroll
themselves and/or their dependents in a City provided medical plan. At that time, they
will receive the greater of $790 per month or the current cafeteria contribution.
Less than full -time management employees shall receive a prorated share of the City's
contribution.
The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in the
event that an employee has exhausted all paid time off due to an employee's catastrophic illness.
Section C Life and Disability Insurance
The City shall provide the following special insurance benefits in recognition of management
responsibilities:
Long -term disability insurance providing 66 2/3% of gross salary (maximum benefit
$5,500 per month) to age 65 for any sickness or accident, subject to the exclusions in
the long -term disability policy, after a 30 -day waiting period.
2. In addition to $4,000 term life insurance purchased by the employee through the
cafeteria plan, $100,000 term life insurance for department heads and $50,000 term
life insurance for management employees, including accidental death and
dismemberment.
Section D Retirement
The City shall provide the California Public Employees' Retirement System's (Ca1PERS) 2.7%
at 55 plan to all eligible employees including the amendments permitting conversion of unused
sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), one year final
compensation, and pre - retirement Option 2 death benefit.
The Police and Fire Chiefs shall receive the same retirement benefits as sworn personnel in their
departments.
The City agrees to pay the employee's contribution to Ca1PERS (8% for miscellaneous, 9% for
safety). These amounts paid by the City are employee contributions and are paid by the City to
satisfy the employee's obligation to contribute the current percentage of salary to Ca1PERS. An
employee has no option to receive the contributed amounts directly instead of having them paid
by the City to CalPERS on behalf of the employee. It is further understood and agreed that the
Resolution No. 10036 (2008 'S�ries) EXHIBIT "A"
Management Fringe Benefits 2009 Page 3 of 5
payment of the employee's Ca1PERS contribution is made subject to I.R.S. approval and
reporting procedures.
The City shall report as salary all Employer -Paid Member Contributions (EPMC) to Ca1PERS
for the purposes of retirement credit in accordance with Government Code Section 20636 (c) (4)..
Section E Supplemental Retirement
The City shall contribute 1 % of salary for management employees and 2% of salary for
department heads to a defined contribution supplemental retirement plan established in
accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and
California Government Code sections 53215 - 53224.
Section F Vacation
Vacation leave is governed by section 2.36.440 of the Municipal Code, except that it may be
taken after the completion of the sixth calendar month of service since the benefit date. Vacation
leave shall be accrued as earned each payroll period provided that not more than twice the annual
rate may be carried over to a new calendar year.
However, if the City Administrative Officer determines that a department head has been unable
to take vacation due to the press of City business, the City Administrative Officer may approve a
two -month extension of maximum vacation accrual. The City Administrative Officer may,
within two years of appointing a department head, increase the rate of vacation accrual to a
maximum of 120 hours per year.
Vacation schedules for management employees shall be based upon the needs of the City and
then, insofar as possible, upon the wishes of the employee. A department head may not deny a
management employee's vacation request if such denial will result in the loss of vacation accrual
by the employee, except that, a department head may approve a two -month extension of
maximum vacation accrual. However, in no event shall more than one such extension be granted
in any calendar year.
Department Head and management employees are eligible, once annually in December, to
request payment for up to 40 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory.
Section G Administrative Leave
Department heads shall be granted up to 80 hours of administrative leave per calendar year.
Department heads shall have the option of taking such leave as additional paid leave or receiving
cash for up to 80 hours at year end upon approval of the City Administrative Officer.
Management employees shall be granted up to 48 hours of administrative leave per calendar
year.
Resolution No. 10036 (2008 S�ries) O EXHIBIT "A"
Management Fringe Benefits 2009 Page 4 of 5
Administrative leave hours shall be pro -rated when a department head or management employee
is appointed or leaves employment during the calendar year. The employee's final check will be
adjusted to reflect the pro -rated hours.
Department Heads and Managers are considered exempt from the overtime provisions of the Fair
Labor Standards Act (FLSA) and not eligible for overtime payment. In general, management
employees are expected to work the hours necessary to successfully carry out their duties and
frequently must return to work or attend meetings and events outside their normal working
hours. However, when specifically authorized by the department head due to extraordinary
circumstances, a management employee may receive overtime payment of time and one -half for
hours worked above and beyond what would be considered normal work requirements during an
emergency event lasting at least eight (8) hours.
Section H Holidays
Department heads and management employees shall receive 11 fixed plus 2 floating holidays per
year. The floating holidays shall be accrued on a semi- monthly basis and added to the vacation
accrual.
Section I Sick Leave
Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to
16 hours per year of sick leave if required to be away from 'tlie job to personally care for a
member of his/her immediate family as defined in Section 2.36.420. This may be extended to 40
hours per year if the family member is part of the employee's household and to 56 hours if a
household family member is hospitalized and the employee submits written verification of such
hospitalization. If the family member is a child, parent or spouse, an employee may use up to 48
hours annually to attend to the illness of the child, parent or spouse, instead of the lesser
maximums above, in accordance with Labor Code Section 233.
In conjunction with existing leave benefits, department head and management employees with
one year of City service who have worked at least 1,280 hours in the previous year may be
eligible for up to 12 weeks of Family /Medical Leave in accordance with the federal Family and
Medical Leave Act and the California Family Rights Act.
Sick leave may be used to be absent from duty due to the death of a member of the employee's
immediate family as defined in Section 2.36.420, provided such leave shall not exceed forty
working hours for each incident. The employee may be required to submit proof of relative's
death before being granted sick leave pay. False information concerning the death or
relationship shall be cause for discharge.
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:
Resolution No. 10036 (2008 Series) EXHIBIT "A"
Management Fringe Benefits 2009 Page 5 of 5
(A) Death — 25%
(B) Retirement and actual commencement of Ca1PERS benefits:
(1) After ten years of continuous employment — 10%
(2) After twenty years of continuous employment — 15%
Section J Workers' Compensation Leave
An employee who is absent from duty because of on-the-job injury in accordance with State
workers' compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his/her base salary and the amount provided by
workers' compensation law during the first ninety (90) business days of such temporary
disability absence. Eligibility for workers' compensation leave requires an open workers'
compensation claim.
Section K Vehicle Assignment
For those department heads who require the use of an automobile on a regular 24 -hour basis to
perform their normal duties, the City will, at City option, provide a City vehicle or an appropriate
allowance for the employee's use of a personal automobile. The use of a personal automobile
for City business will be eligible for mileage reimbursement in accordance with standard City
policy.
Section L Layoffs
In accordance with Section 2.36.320 of the Personnel Rules, the City Council of San Luis Obispo
shall determine when and in what position classifications layoffs are to occur.
Section M Appointed Officials
The fringe benefits outlined in this exhibit for department heads apply to appointed officials,
except where they have been modified by council resolution.
C O
RESOLUTION NO. 10035 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE 2007 -2012 MEMORANDUM OF AGREEMENT WITH THE SAN
LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION
WHEREAS, Section 8.1 of the 2001 -12 Memorandum of Agreement contained a
provision to re -open negotiations if the difference in compensation between top step police staff
officers' classifications and top step of the classifications supervised went below the stated 15%
target; and
WHEREAS, the parties have met and conferred on this topic and have agreed to an
amendment to the 2007 -12 Memorandum of Agreement; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Amendment to the 2007 -12 Memorandum of Agreement between the
City of San Luis Obispo and the San Luis Obispo Police Staff Officers' Association
( SLOPSOA), attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby
adopted and ratified.
SECTION 2. The Finance and Information Technology 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: Chris Staley, SLOPSOA President, and
Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Brown, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
R 10035
® O
Resolution No. 10035 (2008 Series)
Page 2
The foregoing resolution was adopted this 18th day of November 2008.
Mayor David F. Romero
rtirrC&II
djd� A �,
Audrey per
City Cler
APPROVED AS TO FORM:
J owell
City Attorney
0 O
Exhibit A
AMENDMENT
TO THE 2007 -12 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION
I. PURPOSE OF THIS AMENDMENT
Article 8 of the 2007 -12 Memorandum of Agreement (MOA) allowed negotiations to be re-
opened if the difference in compensation between top step police staff officers'
classifications and top step of the classifications supervised fell below the stated target of
15 %. The June 4, 2008, binding arbitration award to the San Luis Obispo Police Officers'
Association caused the differential to become less than 15 %. This amendment confirms the
agreement of the parties to modify the MOA. Except as modified below, all other terms and
conditions shall remain in full force and effect.
II. MODIFICATION OF SALARY INCREASES FOR TERM OF AGREEMENT
Article 8, Section 8. 1, is modified as follows:
8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT
The City strives to maintain a reasonable difference in compensation between top step
police staff officers' classifications and top step of the classifications supervised. The
difference between top steps of these classifications is targeted at a minimum of 15 %. If
during the term of this contract, the differentiation goes below the 15% target, the City
agrees to re -open negotiations on this topic. Effective January 1, 2010, through the end
of the current MOA, the City and Association agree not to re -open negotiations on this
topic unless the differential is 10.0% or less and is expected to remain at or below that
level for more than six months.
The parties agree to salary increases as set forth below to be effective on the first day of
the first full payroll period in the month listed below, for all employees in the Association
employed by the City on the date this agreement is formally approved by the City
Council:
July 2007
2.0%
January 2008
3.0%
July 2008
2.0%
January 2009
3.0%
July 2009
1.0% All classifications except Records Supervisor
O
nmcn(.!iu ;•rll In 2007- 12 I\ /Icrnorandunl oi,A,_,rCC111cW
Sal Lui; P01iCC SInII Ullircrs sueiutic,n
July 2009
0.0%
Records Supervisor
January 2010
3.0%
Police Captain, Police Lieutenant, Records Supervisor
January 2010
2.0%
Police Sergeant, Communications Supervisor,
1.5%
17.0%
Communications & Records Manager
July 2010
3.0%
January 2011
2.0%
July 2011
3.0%
January 2012
2.0%
In addition to the above - listed salary increases, the following classifications shall receive
equity salary increases effective on the first day of the first full payroll period in the
month listed below:
January 2008
Police Captains 3.5%
Police Lieutenants 2.5%
Police Sergeants
Communications & Records Manager
Records Supervisor
Communications Supervisors 2.0%
July 2008 January 2009 January 2010
4.0%
7.5%
9.0%
3.5%
14.0%
1.5%
14.0%
1.5%
1.0%
1.5%
17.0%
1.0%
The salary ranges for the term of this agreement are listed in Appendix A.
Effective the first pay period following ratification by the City Council, employees in the
following classifications during fiscal year 2007 -08 shall receive a lump sum payment .in
addition to the above increases to the salary schedule, as follows:
Communications Supervisor $6,366
Police Sergeant $6,069
These lump sum payments are intended to compensate the above classifications for periods of
time during this Memorandum of Agreement when top step of these classifications was less than
5% above the classifications they supervise. Incumbents who were appointed to these
classifications after July 1, 2007, shall receive a pro -rated amount based on the time in the
classification during fiscal year 2007 -08. The parties acknowledge that these lump -sum
payments are not reportable to the California Public Employees' Retirement System as
compensation.
C:\Documents And Settings \Cstaley\L.ocal Settings \Temporary Internet Files \OLK9\Amendment To 2007 -12
SLOPSOA MOA (4).Doc
tAfilCPl�lil'i�:'I ?t 1 -1 R'IC�i�01';,n(illlll ! \511 "i.'CI'll_'iil.
San Lw , (- )bi;r.o P(flicc i ,Iir)I
CITY OF SAN LUIS OBISPO
Lo
Monica Irons '
Director of Human Resources
Karen Jenn Ris Manager
I xiiihit A
SAN LUIS OBISPO POLICE
STAFF OFFICERS' ASSOCIATION
a'64
Chris Staley
President, SLOPSOA
Tom DePriest, Board Member
Kris`Dutra, Board Member
Steve olley oard Member
Page .
CADocuments And Settings \Cstaley \Local Settings \Temporary Intemet Files \OLK9\Amendment To 2007 -12
SLOPSOA MOA (4).Doc
O
mciidmlenl 1C2007 -11 1MCIII0rL1IIdLII III Clll
San Luis ONSI?o 11olicc')uif (.V iccrs' Asso cli iliiin
APPENDIX A
Salary Kange Listing - jury zuui
July 2007
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
18055 800 Communications & Records Mgr
n January zuiz
2% all employees
Exhibit A
1'il "C 4
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthlyl
Monthly/
Bi-
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
6,247
6,576
6,922
7,286
7,669
8,073
2,883
3,035
3,195
3,363
3,540
3,726
7,122
7,497
7,892
8,307
8,744
9,205
3,287
3,460
3,642
3,834
4,036
4,248
8,143
8,572
9,023
9,498
9,998
10,524
3,758
3,956
4,164
4,384
4,614
4,857
4,438
4,671
4,917
5,176
5,448
51735
2,048
2,156
2,269
2,389
2,515
2,647
4,352
4,581
4,822
5,076
5,343
5,624
2,009
2,114
2,226
2,343
2,466
2,596
6,247
6,576
6,922
7,286
7,669
8,073
2,883
3,035
3,195
3,363
3,540
3,726
0 0
Bilih l A
/��i?1CI1l�Ill l'111 l�l = (. -1' -I �� /�Cfil Oi- :111Ci!illl C){ A".l I "lll'Iil ��ac�'
iilfl Uk C)I";�� : i°idiC'.:; dill(�`�)IIICi'I'1 P��:iS�):!�'ii1117
January 2008
3% all employees
Equity adjustments:
3.5% Captains
2.5% Lieutenants
2% Communications
Supervisor
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Job
Salary
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Code
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8010
800
Police Sergeant
6,434
6,773
7,129
7,504
7,899
8,315
2,970
3,126
3,290
3,464
3,646
3,838
8030
805
Police Lieutenant
7,514
7,909
8,325
8,763
9,225
9,710
3,468
3,650
3,842
4,045
4,258
4,482
8040
810
Police Captain
8,672
9,129
9,609
10,115
10,647
11,208
4,003
4,213
4,435
4,668
4,914
5,173
8050
855
Communications Supervisor
4,660
4,905
5,163
5,435
5,721
6,022
2,151
2,264
2,383
2,508
2,640
2,779
8045
850
Records Supervisor
4,483
4,719
4,967
5,229
5,504
5,793
2,069
2,178
2,293
2,413
2,540
2,674
8055
800
Communications & Records Mgr
6,434
6,773
7,129
7,504
7,899
8,315
2,970
3,126
3,290
3,464
3,646
3,838
C:\Documents And Settings \Cstaley\Local Settings \Temporary Internet Files \OLK9\Amendment To 2007 -12 SLOPSOA MOA
(4).Doc
0 0
Amendment to 2l1{)7- � 2 NIcmorarulun) Of' A- .'r.-:c;ncW Patio h
Sari Luis O7ispO Police StaidOHicers' As�uci�ition
July 2008
2% all employees
Equity adjustments: 4% Captains
9% Lieutenants
14% Sergeants, Communications & Records
Manager
17% Communications Supervisor
1% Records Supervisor
Exhibit A
C:\Documents And Settings \Cstaley\Local Settings \Temporary Intemet Files \OLK9\Amendment To 2007 -12 SLOPSOA MOA
(4).Doc
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Job
Salary
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Code
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8010
800
Police Sergeant
7,464
7,857
8,270
8,706
9,164
9,646
3,445
3,626
3,817
4,018
4,229
4,452
8030
805
Police Lieutenant
8,341
8,780
9,242
9,728
10,240
10,779
3,850
4,052
4,265
4,490
4,726
4,975
8040
810
Police Captain
9,193
9,677
10,186
10,722
11,287
11,881
4,243
4,466
4,701
4,949
5,209
5,483
8050
855
Communications Supervisor
5,544
5,836
6,143
6,467
6,807
7,165
2,559
2,694
2,835
2,985
3,142
3,307
8045
850
Records Supervisor
4,618
4,861
5,116
5,386
5,669
5,967
2,131
2,243
2,361
2,486
2,617
2,754
8055
800
Communications & Records Mgr
7,464
7,857
8,270
8,706
9,164
9,646
3,445
3,626
3,817
4,018
4,229
4,452
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F'.xhIhI1 A
AniCilCImunt [o Mcmor1 indi. i QI ALfC�I11Clll h:';"'
Llll� OI ?i:;!?ll h(IIICC tail �,II1CC1:;' Ati5UC!illi1111
January 2009
3% all employees
Equity adjustments: 7.5% Captains
3.5% Lieutenants
1.5% Sergeants, Communications & Records Manager
1% Communications
Supervisor
1.5% Records Supervisor
C:\Documents And Settings \Cstaley \Local Settings \Temporary Internet Files \OLK9\Amendment To 2007 -12 SLOPSOA MOA
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Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Job
Salary
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Code
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8010
800
Police Sergeant
7,800
8,210
8,642
9,097
9,576
10,080
3,600
3,789
3,989
4,199
4,420
4,652
8030
805
Police Lieutenant
8,883
9,350
9,843
10,361
10,906
11,480
4,100
4,316
4,543
4,782
5,033
5,298
8040
810
Police Captain
10,158
10,692
11,255
11,847
12,471
13,127
4,688
4,935
5,195
5,468
5,756
6,059
8050
855
Communications Supervisor
5,766
6,070
6,389
6,725
7,079
7,452
2,661
2,801
2,949
3,104
3,267
3,439
8045
850
Records Supervisor
4,825
5,079
5,346
5,628
5,924
6,236
2,227
2,344
2,467
2,597
2,734
2,878
8055
800
Communications 8 Records Mgr
7,800
8,210
8,642
9,097
9,576
10,080
3,600
3,789
3,989
4,199
4,420
4,652
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I .xIIihiI A
A111clic Blunt iU ''- .lilt -I
ail U UIS Uhl: =jhl poliCc: ltlli :1I�1:'CI`:� ,= �.ti`i)i:l�llI011
July 2009
Job Salary
Code Range Title
8010 800 Police Sergeant
18030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 800 Communications & Records Mgr
1% all classifications except Records Supervisor
0% Records Supervisor
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Bi- Weekly
BI-Weekly
Bi- Weekly
Weekly
Bi- Weekly
Eli-Weekly
7,877
8,292
8,728
9,188
9,671
10,180
3,636
3,827
4,028
4,240
4,464
4,699
8,971
9,443
9,940
10,463
11,014
11,594
4,140
4,358
4,588
4,829
5,083
5,351
10,260
10,800
11,368
11,966
12,596
13,259
4,735
4,984
5,247
5,523
5,814
6,120
5,823
6,130
6,452
6,792
7,149
7,526
2,688
2,829
2,978
3,135
3,300
3,473
4,825
5,079
5,346
5,628
5,924
6,236
2,227
2,344
2,468
2,597
2,734
2,878
7,877
8,292
8,728
9,188
9,671
10,180
3,636
3,827
4,028
4,240
4,464
4,699
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O 10 b
iAhlbit A
Arnctldmcnt!o 2007 -12 iicniormdum cfA� ',rC'�n,Cnf
San LUIS ONSi:u, Policc Staff Ofliccr,,' Assucinlioii
January 2010
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 800 Communications & Records Mgr
3% Captains, Lieutenants, Records Supervisor
2% Sergeants, Communications & Records
Manager,
Communications
Supervisor
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8,036
8,458
8,904
9,372
9,866
10,385
3,709
3,904
4,109
4,326
4,553
4,793
9,240
9,727
10,238
10,777
11,345
11,942
4,265
4,489
4,725
4,974
5,236
5,512
10,568
11,124
11,710
12,326
12,975
13,658
4,878
5,134
5,405
5,689
5,988
6,304
5,939
6,252
6,581
6,927
7,292
7,675
2,741
2,885
3,037
3,197
3,365
3,542
4,970
5,231
5,507
5,797
6,102
6,423
2,294
2,414
2,542
2,675
2,816
2,964
8,036
8,458
8,904
9,372
9,866
10,385
3,709
3,904
4,109
4,326
4,553
4,793
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l�
u
0
At,iclIdmcn'i (f.) 2U07 -12 MC11101;!11 c1 uru OF /%,-ticcmClii
>an Lui; Oh'-,no Police Slaff0i'liccr;' Assu izuitm
July 2010
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 800 Communications & Records Mgr
3% all employees
10
F.xhihit A
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8,277
8,712
9,171
9,653
10,162
10,696
3,820
4,021
4,233
4,455
4,690
4,937
9,518
10,019
10,547
11,102
11,686
12,301
4,393
4,624
4,868
5,124
5,393
5,677
10,886
11,459
12,062
12,697
13,365
14,068
5,024
5,289
5,567
5,860
6,168
6,493
6,116
6,438
6,777
7,134
7,509
7,905
2,823
2,972
3,128
3,293
3,466
3,648
5,118
5,388
5,671
5,970
6,284
6,615
2,362
2,487
2,617
2,755
2,900
3,053
8,277
8,712
9,171
9,653
10,162
10,696
3,820
4,021
4,233
4,455
4,690
4,937
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0 0
Eshihit A
\I'i1CI1C�111ClIt to 200 - i' INIC liOfB(lfil.;ill �),'!'.`.'l_rllCtl( P lo_7C 1 1
San LAIIS Ohish:; I'<;hc� Slillf li�:c�r�'
January 2011
2% all employees
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Job
Salary
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Code
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8010
800
Police Sergeant
8,443
8,887
9,355
9,847
10,365
10,911
3,897
4,102
4,318
4,545
4,784
5,036
8030
805
Police Lieutenant
9,708
10,219
10,757
11,323
11,919
12,546
4,481
4,716
4,965
5,226
5,501
5,791
8040
810
Police Captain
11,103
11,688
12,303
12,950
13,632
14,350
5,125
5,394
5,678
5,977
6,292
6,623
8050
855
Communications Supervisor
6,238
6,567
6,912
7,276
7,659
8,062
2,879
3,031
3,190
3,358
3,535
3,721
8045
850
Records Supervisor
5,221
5,496
5,785
6,089
6,410
6,747
2,410
2,536
2,670
2,810
2,958
3,114
8055
800
Communications & Records Mgr
8,443
8,887
9,355
9,847
10,365
10,911
3,897
4,102
4,318
4,545
4,784
5,036
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0 0
L li7 A:rcndmCn ? �1u�ior_uulum of A:�n:�ment
San Luis Ohki),> PtihCC SL�tiTOfliceis AS:;ut:iLILi0il
July 2011
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 800 communications & Records Mgr
3% all employees
I >,I....
Fxllihir A
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8,696
9,154
9,636
10,143
10,677
11,239
4,014
4,225
4,447
4,681
4,928
5,187
10,000
10,526
11,080
11,664
12,277
12,924
4,615
4,858
5,114
5,383
5,666
5,965
11,437
12,039
12,672
13,339
14,041
14,780
5,278
5,556
5,849
6,157
6,481
6,822
6,426
6,764
7,120
7,494
7,889
8,304
2,966
3,122
3,286
3,459
3,641
3,833
5,377
5,660
5,958
6,272
6,602
6,949
2,482
2,612
2,750
2,895
3,047
3,207
8,696
9,154
9,636
10,143
10,677
11,239
4,014
4,225
4,447
4,681
4,928
5,187
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G
Ia}lihit A
,�\il1CflClil'1Cill 1.0 �L)�i - � � I��LIII(llallCIU111
>tu1': -uis Assuria(i1011
January 2012
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 800 Communications & Records Mgr
2% all employees
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi-
Bi- Weekly
Bi- Weekly
Bi- Weekly
Weekly
Bi- Weekly
Bi- Weekly
8,870
9,337
9,828
10,346
10,890
11,463
4,094
4,309
4,536
4,775
5,026
5,291
10,200
10,737
11,302
11,897
12,524
13,183
4,708
4,956
5,217
5,491
5,780
6,084
11,666
12,280
12,926
13,607
14,323
15,077
5,384
5,668
5,966
6,280
6,611
6,958
6,555
6,900
7,263
7,645
8,047
8,471
3,025
3,184
3,352
3,528
3,714
3,910
5,484
5,773
6,077
6,396
6,733
7,087
2,531
2,664
2,805
2,952
3,108
3,271
8,870
9,337
9,828
10,346
10,890
11,463
4,094
4,309
4,536
4,775
5,026
5,291
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0
RESOLUTION NO. 10034 (Series 2008)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A CONDOMINIUM TRACT MAP FOR SIX RESIDENTIAL UNITS
FOR THE PROPERTY AT 730 & 748 FOOTHILL BOULEVARD
TR/ER 108 -07
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 August 27, 2008, pursuant to an application filed by Richard Rengel, applicant;
and recommended approval of the subdivision map and adoption of the Negative Declaration of
environmental impact; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony
of the applicant, interested parties, and evaluation and recommendations by staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings.
The design of the tentative tract map is consistent with the General Plan because the
proposed subdivision respects existing site constraints, will incrementally add to the
City's residential housing inventory, result in condominium units that meet density
standards, and will be consistent with the density and development limits established by
the High Density Residential District.
2. The site is physically suited for the proposed type of development allowed in the R-4
zones since the site is generally flat, surrounded by existing high density residential
development and close to parks, schools and transit services.
3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision.
4. The design of the tentative tract map and proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat because the site does not have any
creeks or other potentially significant habitat areas for fish and wildlife. The site is
surrounded by urban development and has been previously developed with multi - family
residential units.
R 10034
Resolution No. 10034 (2008 Series)
Page 2
5. A Negative Declaration was prepared by the Community Development Department on
February 1, 2008. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the
proposed project.
SECTION 2. Action. The City Council hereby adopts the Negative Declaration and
approves the Tentative Tract Map for six residential units at 730 & 748 Foothill Boulevard
subject to the following conditions:
The applicant shall construct the project so as to substantially conform to plans stamped
with Community Development Department approval and incorporate conditions listed
herein. Any change to approved design, colors, materials, landscaping, or other
conditions of approval must be approved by the Community Development Director and
may at the discretion of the Director, have to be referred back to the Architectural Review
Commission.
2. Final building plan sets released to the builder /contractor shall contain clear and legible
notes that no changes (even for minor exterior details) from building plan sets shall occur
without prior permission from the City of San Luis Obispo Community Development
staff, or the Community Development Director, as required.
3. Building plan submittals shall include all necessary measures required in the Noise
Guidebook for noise level reduction (NLR) to meet interior noise standards.
4. Construction plan sets shall include conditions of approval from all project approvals
(ARC/TR -ER 108 -07) for contractoribuilder reference.
5. Windows shall be the divided light type where the dividers are on the outside of the glass.
Details noting this feature shall be reflected on construction plans submitted to the
Building Division.
6. Submitted construction plan documents shall include the interlocking pavers as shown on
landscape plans.
7. Final landscape plans shall include effective landscape screening between the enclosure
and the property line and ensure the enclosure doors and finish materials do not detract
from the project subject to the approval of the Community Development Director.
8. All ducts, meters, air conditioning equipment, and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from public view
with materials architecturally compatible with the main structure. Public view includes
the existing views from all public streets and sidewalks. Gas and electric meters, electric
transformers, and large water piping systems (backflow prevention devices) shall be
completely screened from public view with approved architectural features and/or
landscape plantings.
9. If required, backflow prevention devices, fire department connections, or other similar
Resolution No. 10034 (2008 Ues)
Page 3
devices that are not shown on the plans approved by the Architectural Review
Commission shall be approved by the Planning Department prior to placement on the site.
If located within the street yard, such devices shall be screened by landscape walls or
landscape shrubs and painted a flat green color.
10. The on -site drive aisle and the drive approach shall be the same width.
11. Complete new frontage improvements including curb, gutter, and sidewalk shall be
installed in accordance with City standards.
12. The new driveway approach shall comply with City Standard #2111. If adequate right -of-
way does not exist to accommodate the 4' ADA sidewalk extension, then a public
pedestrian easement shall be shown and offered on the final map.
13. The subdivider shall install one new street light along the project frontage. The street
light installation shall include all associated facilities including but not limited to
conduits, sidewalk vaults, fusing, wiring, and luminaries per City standards. The ARC
recommended that the Public Works Department consider on -site lighting solutions for
illumination of the sidewalk area rather than a separate street light standard.
14. Separate utilities, including water, sewer, gas, electricity, telephone, and cable TV shall
be served to each dwelling unit to the satisfaction of the Public Works Director and
serving utility companies. The proposed on -site sewer main will be privately owned and
maintained by the Homeowner's Association. Utilities to new residences shall be
underground.
15. The subdivider shall dedicate a 6' -wide public utility easement and a 10' -wide street tree
easement across the frontage of each lot. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering each lot.
16. All parking spaces shall be able to be entered in one movement. All spaces, drive aisles,
etc., shall be designed so that all vehicles can exit to the adjoining street in a forward
motion in not more than two maneuvers. For purposes of maneuverability, all required
and proposed covered and uncovered spaces shall be assumed to be occupied by a
standard -size vehicle.
17. All eave gutters shall be beveled in profile as opposed to an ogee shape and shall be
painted to coordinate with the approved color palette.
18. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the Community Development Director and the City Attorney prior to final
map approval. CC &R's shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
Resolution No. 10034 (2008 Series)
Page 4
landscaping.
b. Grant to the city the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the city to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage
of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &R's without prior City Attorney
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department..
j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
19. 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.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Brown, and on
the following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
Resolution No. 10034 (2008 genes)
Page 5
The foregoing resolution was adopted this 21 st day of October 2008.
Mayor David F. Romero
ATTEST:
Audrey He
City Clerk
AS TO
P. Lowell
City Attorney
RESOLUTION NO. 10033 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXPENDITURE OF $100,000 FROM THE 2008 -09 STATE
BUDGET TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL
WHEREAS, the adoption of the 2008 -09 State budget, includes continuation of
Assembly Bill (AB) 1913 which established the Supplemental Local Law Enforcement
Fund; and
WHEREAS, AB 1913 appropriated $100 million to supplement local law
enforcement budgets; and
WHEREAS, the City of San Luis Obispo has received $100,000 from the 2008-
09 California State budget as granted under AB 1913; and
WHEREAS, the funds may be applied to projects and front line municipal police
services which are in existing budgets but are under- funded; and
WHEREAS, a public hearing was held on October 21 2008, to receive public
input on the recommendations for the use of these funds.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San
Luis Obispo approves the expenditure of $100,000 as received from the 2008 -09
California State budget to assist in funding Public Safety personnel, and authorizes the
Chief of Police to execute any grant related documents.
Upon motion of Council Member Mulholland, seconded by Council Member
Settle, and on the following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor
Brown and Mayor Romero
NOES: None
ABSENT: None
R 10033
Resolution No. 10033 (2008 Series)
Page 2
The foregoing resolution was adopted this 215` day of October, 2008.
ATTEST:
Audrey Hoo er
City Clerk
AS TO
"r,
'City Attorney
Mayor David F. Romero
O O
RESOLUTION NO. 10032 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the City Council adopted Resolution No. 5044 (1983 Series)
amending the City's Conflict of Interest Code by incorporating by reference the Fair
Political Practices Commission's standard model Conflict of Interest Code (Title 2,
Division 6 of the California Code of Regulations) and updating the list of designated
positions required to file a Statement of Economic Interests; and
WHEREAS, the Political Reform Act requires that the City Council review its
Conflict of Interest Code biennially to determine whether amendments are required; and
WHEREAS, Resolution No. 9845 (2006 Series) adopted on September 19, 2006,
amended the City's Conflict of Interest Code by updating the Appendix (List of
Designated Positions and Disclosure Categories); and
WHEREAS, a review of the Appendix indicates that amendments are necessary
to reflect changes in job titles, positions and classifications; and further reveals the need
to add disclosure categories specifying those financial interests that designated positions
must disclose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Resolution No. 9845 (2006 Series) is hereby rescinded.
SECTION 2. The Fair Political Practices Commission's standard model Conflict
of Interest Code (Title 2, Division 6 of the California Code of Regulations), as
reorganized, along with the List of Designated Positions and Disclosure Categories in the
Exhibit constitute the City of San Luis Obispo's Conflict of Interest Code.
Upon motion of Council Member Carter, seconded by Council Member
Mulholland, and on the following vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
R 10032
Resolution No. 10032 (200�eries) O
Page 2
The foregoing resolution was adopted this 21 st day of October 2008..
Mayor David F. Romero
ATTEST:
Audrey He
City Clerk
O O
EXHIBIT
LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE
CATEGORY
Administrative Office:
Assistant City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
Principal Administrative Analyst 1
City Attorney:
Assistant City Attorney
City Clerk:
City Clerk
Community Development:
Assistant Chief Building Official 3
Assistant Planner(s) 3
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Officer UII 3
Community Development Director 3
Contract Planner(s) 1
Deputy Community Development Director, Development Review 3
Deputy Community Development Director, Long Range Planning 3
Housing Programs Manager 3
Plan Examiner 2
Planning Technician 3
Senior Planner(s) 3
Supervising Administrative Assistant 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City
Attorney and Finance & Information Technology Director /City Treasurer are required to file
Statements of Economic Interests pursuant to Government Code Section 87200, and are therefore,
not included in the List of Designated Positions required to file pursuant to the City's Conflict of
Interest Code.
Finance & Information Technology Department:
Accounting Supervisor
Revenue Supervisor
Finance Manager
Information Technology Manager
Telecommunications Supervisor
Fire Department:
Fire Marshal
Battalion Chiefs)
Fire Chief
Fire Inspector
Hazardous Materials Coordinator
Human Resources Department:
Human Resources Analyst
Human Resources Director
Risk Manager
Parks & Recreation Department:
Director of Parks and Recreation
Golf Course Supervisor
Recreation Manager
Recreation Supervisor — Sports
Recreation Supervisor - Aquatics
Recreation Supervisor- Children's Services
Recreation Supervisor - Facilities
Recreation Supervisor — Ranger Service
Recreation Supervisor — Teens, Boomers, Seniors
Recreation Supervisor — Special Events, Skate Park
Police Department:
Administrative Analyst
Chief of Police
Communications and Records Manager
Neighborhood Services Manager
Police Captain(s)
Police Lieutenant(s)
Public Works Department:
Administrative Analyst
Administrative Services Manager
Engineering Technician(s) 1 — 3
Facilities Maintenance Supervisor
City Traffic Engineer
Construction Engineer Manager
EN
2
2
2
2
2
3
3
1
3
3
2
1
2
1
2
2
2
2
2
2
2
2
2
2
1
2
2
2
2
2
2
3
2
2
2
I
Deputy Public Works Director
Director of Public Works
Engineer 1 - 3
Field Engineering Assistant
Fleet Maintenance Supervisor
GIS Supervisor
Parking Manager
Parks Maintenance Supervisor
Permit Technician
Principal Transportation Planner
Public Works Inspector(s)
Public Works Maintenance Supervisor
Senior Civil Engineer
Stormwater Code Enforcement Officer
Stormwater Manager
Street Maintenance Supervisor
Supervising Administrative Assistant(s)
Supervising Civil Engineer
Transit Manager
Utilities Department:
Deputy Director of Utilities — Wastewater
Deputy Director of Utilities — Water
Industrial Waste Coordinator
Industrial Waste Inspector
Senior Administrative Analyst
Utilities Director
Utilities Conservation Coordinator
Utilities Engineer
Utilities Projects Manager
Wastewater Collection Supervisor
Wastewater Treatment Plant Supervisor
Water Distribution Supervisor
Water Quality Laboratory Manager
Water Supply Supervisor (Whale Rock)
Water Treatment Supervisor
Committees/Commissions:
Members of the Architectural Review Commission
Members of the Cultural Heritage Committee
Members of the Housing Authority
Members of the Promotional Coordinating Committee
Other Positions:
Consultants,
Housing Authority Executive Director
2
3
3
2
2
2
2
3
2
3
2
2
3
2
2
2
2
2
2
2
1
1
2
1
3
3
3
2
2
2
2
2
2
3
3
3
2
Temporary Positions3
DISCLOSURE CATEGORIES
Cate .gory Reportable Interests
Investments, business positions, income from sources located in or doing
business in the jurisdiction, interests in real property located in the
jurisdiction, including property located within a two -mile radius of any
property owned or used by the City.
Investments, business positions, and sources of income of the type which
provide services, supplies, materials, machinery or equipment of the type
utilized by the City.
Investments, business positions, and sources of income of the type that
engage in land development, construction or the acquisition or sale of
property. Interests in real property located within the jurisdiction, including
property located within a two -mile radius of any property owned or used by
the City.
'Consultants should be included in the list of designated employees and shall disclose pursuant to the
broadest disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine (upon written application by the consultant) that a
particular consultant, although a "designated position," is hired to perform a range of duties that is
limited in scope and thus is not required to fully comply with the disclosure requirements described in
this section. Such written determination shall include a description of the consultant's duties and,
based upon that description, a statement of the extent of disclosure requirements. The City
Administrative Officer's determination is a public record and shall be retained for public inspection in
the same manner and location as this Conflict of Interest Code.
If a consultant believes he or she is exempt from disclosure requirements of law, prior to the
application to the City Administrative Officer, the consultant shall obtain opinion to that effect from
an admitted attorney to practice in the State of Califomia, which opinion shall contain the information
specified in the paragraph above.
3Temporary positions may be required to file a Statement of Economic Interests upon determination
by the City Attorney that the temporary position is the functional equivalent of a designated position.
0 0
RESOLUTION NO. 10031 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM
WHEREAS, the Federal Trade Commission ( "FTC ") has adopted regulations that
require "creditors" holding consumer or other "covered accounts" (which are defined to mean
any account where customer payment information is collected in order to bill for services
rendered) to develop and implement by November 1, 2008, an identity theft prevention program
that complies with those regulations; and
WHEREAS, because the City of San Luis Obispo ( "City ") provides retail water service
to its customers, it is a "creditor" under the applicable FTC regulations and must therefore
comply with those regulations by adopting and implementing an identity theft prevention
program; and
WHEREAS, the Council desires to take action to comply with the applicable FTC
regulations by adopting an identity theft prevention program.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby adopts, and directs staff to implement, the following identity theft prevention
1�• • a .f�-
SECTION 1. Program Goals. The City's Identity Theft Prevention Program (the
"Program ") shall endeavor to achieve the following goals:
1. Identify relevant patterns, practices and specific activities (referred to in this Program as
"Red Flags ") that signal possible identity theft relating to information maintained in the
City's customers' accounts, both those currently existing and those accounts to be
established in the future;
2. Detect Red Flags after the Program has been implemented;
3 Respond promptly and appropriately to detected Red Flags to prevent or mitigate identity
theft relating to City customer account information; and
4. Ensure the Program is updated periodically to reflect any necessary changes.
SECTION 2. The Program. Program implementation and detailed information are
attached in Exhibit A.
R 10031
0 0
Resolution No. 10031 (2008 Series)
Page 2
Upon motion of Council Member Carter, seconded by Council Member Mulholland, and
on the following vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted on this 2151 day of October 2008.
Mayor David F. Romero
ATTEST:
L" 4'�'4
Audrey Ho er
City Clerk
AS TO FORM:
/A r
P. Lowell
City Attorney
� Exhibit A
clty or
J sAn Luis ompo
City of San Luis Obispo, California
Finance & Information Technology Department
Identity Theft Prevention Program
This program is in response to and in compliance with the
Fair and Accurate Credit Transaction (FACT) Act of 2003
and
The final rules and guidelines for the FACT Act issued by the
Federal Trade Commission and federal bank regulatory agencies
in November 2007
Adopted October 21, 2008 — Resolution No. 10031
M
HI IT "A "
Identity Theft Prevention Program
Purpose
This document was created in order to comply with regulations issued by the Federal Trade
Commission (FTC) as part of the implementation of the Fair and Accurate Credit Transaction
(FACT) Act of 2003. The FACT Act requires that financial institutions and creditors implement
written programs which provide for detection of and response to specific activities ( "red flags ")
that could be related to identity theft. These programs must be in place by November 1, 2008.
The FTC regulations require that the program must:
1. Identify relevant red flags and incorporate them into the program
2. Identify ways to detect red flags
3. Include appropriate responses to red flags
4. Address new and changing risks through periodic program updates
5. Include a process for administration and oversight of the program
Identity Theft Prevention Program page 2
Program Details
Relevant Red Flags
EXHIBIT "All
Red flags are warning signs or activities that alert a creditor to potential identity theft. The
guidelines published by the FTC include 26 examples of red flags which fall into the five
categories below:
• Alerts, notifications, or other warnings received from consumer reporting agencies or
service providers
• Presentation of suspicious documents
• Presentation of suspicious personal identifying information
• Unusual use of, or other suspicious activity related to, a covered account
• Notice from customers, victims of identity theft, or law enforcement authorities
After reviewing the FTC guidelines and examples, the Finance & Information Technology
Department determined that the following red flags are applicable to utility accounts. These red
flags, and the appropriate responses, are the focus of this program.
1. Suspicious Documents and Activities
a. Documents provided for identification appear to have been altered or forged.
b. The photograph on the identification is not consistent with the physical
appearance of the customer.
c. Other information on the identification is not consistent with information provided
by the customer.
d. The customer does not provide required identification documents when
attempting to establish a utility account or make a payment.
e. A customer refuses to provide proof of identity when discussing an established
utility account.
f. A person other than the account holder or co- applicant requests information or
asks to make changes to an established utility account.
g. An employee requests access to the billing system or information about a utility
account, and the request is inconsistent with the employee's role in the City.
2. A customer notifies the Finance & Information Technology Department of any of the
following activities:
a. Utility statements are not being received several months in a row.
b. Unauthorized changes to a utility account.
c. Unauthorized charges on a utility account.
d. Fraudulent activity on the customer's bank account or credit card that is used to
pay utility charges.
Identity Theft Prevention Program page 3
EXHIBIT f6All
3. The Finance & IT Department is notified by a customer, a victim of identity theft, or a
member of law enforcement that a utilities account has been opened for a person
engaged in identity theft.
Detecting and Responding to Red Flags
Red flags will be detected as utility billing employees interact with customers. An employee will
be alerted to these red flags during the following processes:
1. Establishing a new utility account: When establishing a new account, a customer
is asked to provide a name, social security number and service address: The
utility billing employee may be presented with information that appears
inconsistent.
Response: Do not establish the utility account until the customer's identity has been
confirmed.
2. Reviewing customer identification in order to process a payment or enroll the
customer in the automatic clearing house (ACH) program: The utility billing
employee may be presented with documents that appear altered or inconsistent
with the information provided by the customer.
Response: Do not accept payment until the customer's identity has been confirmed.
3. Answering customer inquiries on the phone, via email, and at the counter:
Someone other than the account holder may ask for information about a utility
account (including utility web accounts) or may ask to make changes to the
information on an account. A customer may also refuse to verify their identity
when asking about an account.
Response: Inform the customer that only the account holder may receive information
about the utility account. Do not make changes to or provide any information about the
account, with one exception: if the service on the account has been interrupted for non-
payment, the utility billing employee may provide the payment amount needed for
reconnection of service.
4. Processing requests from City of San Luis Obispo employees: Employees may
submit requests for information from the billing system that is inconsistent with
the role that they play at the City.
Response: All requests for direct access to the billing system are approved by the
Revenue Supervisor, so the Information Technology Department should reject requests
that have not received appropriate approval. All other requests for information from the
billing system should be reviewed to ensure that they do not violate any part of the
policy. Requests that are inconsistent with the policy will be denied.
Identity Theft Prevention Program page 4
no
EXHIBIT "A"
5. Receiving notification that there is unauthorized activity associated with a utility
account: Customers may call to alert the City about fraudulent activity related to
their utility account and /or the bank account or credit card used to make
payments on the account.
Response: Verify the customer's identity, and notify the Revenue Supervisor
immediately. Take the appropriate actions to correct the errors on the account, which
may include:
a. Issuing a service order to connect or disconnect services
b. Assisting the customer with deactivation of their payment method (ACH and
Online BillPay)
c. Updating personal information on the utility account
d. Updating the mailing address on the utility account
e. Updating account notes to document the fraudulent activity
f. Notifying and working with law enforcement officials
6. Receiving notification that a utilities account has been established for a person
engaged in identity theft.
Response: These issues should be escalated to the Revenue Supervisor immediately.
The claim will be investigated, and appropriate action will be taken to resolve the issue
as quickly as possible.
Additional procedures that help to protect against identity theft include:
1. Utility billing system access is based on the role of the user. Only certain job classifications
have access to the entire system.
2. Customers may access limited information about their utility account online. In order to
access information online, customers must enroll using their utility account number and service
address, and they must create a unique user identification and password.
3. The Finance & IT Department will investigate ways to reduce the number of paper receipts
generated during credit card payment processing.
4. The Finance & IT Department will ensure that service providers that receive and process
utility billing information have programs in place to detect and prevent identity theft.
Identity Theft Prevention Program page 5
0
Administration and Oversight of the Program
EXHIBIT "All
Finance & IT Department staff are required to prepare an annual report which addresses the
effectiveness of the program, documents significant incidents involving identity theft and related
responses, provides updates related to external service providers, and includes
recommendations for material changes to the program.
The program will be reviewed at least annually and updated as needed based on the following
events:
1. Experience with identity theft
2. Changes to the types of accounts and /or programs offered
3. Implementation of new systems and /or new vendor contracts
Specific roles are as follows:
The Revenue Supervisor will submit an annual report to the Finance and Information
Technology Director and the City Administrative Officer. The Revenue Supervisor will also
oversee the daily activities related to identity theft detection and prevention, and ensure that all
members of the Finance Division staff are trained to detect and respond to red flags.
The Finance and Information Technology Director will provide ongoing oversight to ensure that
the program is effective.
The City Administrative Officer will review the annual report and approve recommended
changes to the program, both annually and on an as- needed basis.
The Council must approve the initial program.
Identity Theft Prevention Program page 6
0 0
RESOLUTION NO. 10030 (2008 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DAVID BOOKER
AND JENNIFER BLOMFIELD, OWNERS OF A DESIGNATED HISTORIC RESOURCE
AT 785 BUCHON STREET, IN SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (known as "the Mills Act ") to enter into contracts with the
owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing
the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program
to promote the preservation, maintenance and rehabilitation of historic resources through financial
incentives; and
WHEREAS, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel Number
003 -536 -004, located at 785 Buchon Street, San Luis Obispo, California 93401, also described as
Marshall House, (hereinafter referred to as the "historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property as
an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure
that character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on September 22, 2008, to consider a request by David Booker and Jennifer
Blomfield, owners of 785 Buchon Street; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Development
Department, public testimony, the staff report, and the City's Historical Preservation Program
Guidelines.
R 10030
0 0
Council Resolution No. 10030 (2008 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council makes the following findings:
1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in
financial assistance programs such as property tax reduction programs that encourage
maintenance and restoration of historic properties.
2. The Marshall House, located at 785 Buchon Street, has been recognized as a historic asset in
the community by its designation as a Master List Historic Property. As such, maintaining
the structure will meet the City's goals for historic preservation listed in policies 3.3.1
through 3.3.5 of the Conservation and Open Space Element.
SECTION 2. Historic Preservation Agreement approved. The City Council hereby
approves the historic preservation agreement between the City of San Luis Obispo and the owners,
David R. Booker and M. Jennifer Blomfield, signed by said owners on October 1, 2008.
SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 4. Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined by Section 15378 of the California
Environmental Quality Act and are exempt from environmental review.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the
parties enter into said agreement, the City Clerk shall cause this agreement to be recorded in the
Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on
the following vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
• o
Council Resolution No. 10030 (2008 Series)
Page 3
The foregoing resolution was adopted this 215` day of October 2008.
i
Mayor David F. Romero
ATTEST:
-�Z& /�
Audrey Hog er
City Clerk's
APPROVED AS TO FORM:
P. Lowell
City Attorney
O Q
RESOLUTION NO. 10029 (2008 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DORA DREXLER,
OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1460 MILL STREET, IN SAN
LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (known as "the Mills Act ") to enter into contracts with the
owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing
the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program
to promote the preservation, maintenance and rehabilitation of historic resources through financial
incentives; and
WHEREAS, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel Number
001- 133 -011, located at 1460 Mill Street, San Luis Obispo, California 93401, also described as the
Mugler House, (hereinafter referred to as the "historic property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property as
an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure
that character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on August 25, 2008, to consider a request by Dora Drexler, owner of 1460 Mill
Street; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Development
Department, public testimony, the staff report, and the City's Historical Preservation Program
Guidelines.
R 10029
0 0
Resolution No. 10029 (2008 Series)
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council makes the following findings:
1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in
financial assistance programs such as property tax reduction programs that encourage
maintenance and restoration of historic properties.
2. The Mugler House, located at 1460 Mill Street, has been recognized as a historic asset in the
community by its designation as a Master List Historic Property. As such, maintaining the
structure will meet the City's goals for historic preservation listed in policies 3.3.1 through
3.3.5 of the Conservation and Open Space Element.
SECTION 2. Historic Preservation Agreement approved. The City Council hereby
approves the "Historic Preservation Agreement Between the City of San Luis Obispo and the
Owners of the Historic Property Located at 1460 Mill Street ", dated September 18, 2008, and
entered into between the City and Dora Drexler
SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 4. Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined by Section 15378 of the California
Environmental Quality Act and are exempt from environmental review.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the
parties enter into said agreement, the City Clerk shall cause this agreement to be recorded in the
Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Settle, seconded by Council Member Carter, and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
Resolution No. 10029 (2008 Series)
Page 3 of 3
The foregoing resolution was adopted this 7t' day of October, 2008.
i
Mayor David F. Romero
ATTEST:
G
Audrey Ho
City Clerk
APPROVED AS TO FORM:
than P. Lowell
Attorney
V 0
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY
LOCATED AT 1460 MILL STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this 1 N day of , 2008, by and
between the City of San Luis Obispo, a municipal corporation (hereinaft r referred to as the "City "), and
Dora Drexler (hereinafter referred to as "Owner "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owner, her heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvement measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Government Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date "), a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character- defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance;
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
0 0
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours, on a limited basis, to the approval of the
Community Development Director or his designee.
c. All building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the Owner's compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly- noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 ' /z% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
b. If the historic property is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event
of a default, under the provisions to cancel the agreement by the Owner, the City shall give
written notice of violation to the Owner by registered or certified mail addressed to the address
stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the
Community Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the
breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any court, state or
federal, for injunctive relief against any violation by the owners or apply for such relief as may
be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel
this agreement. All other remedies at law or in equity which are not otherwise provided for in
this agreement or in the City's regulations governing historic properties are available to the City
to pursue in the event that there is a breach or default under this agreement. No waiver by the
City of any breach or default under this agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve
disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at
1460 Mill Street, San Luis Obispo, California, Assessors Parcel Number 001 -133 -011, to the covenants,
reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their
specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors and
assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter
executed, covering or conveying the historic property or any portion thereof, shall conclusively be held
to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions
expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set
forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
V
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owner: Dora Drexler
1460 Mill Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting, however, any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
U
J
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the
County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the
City may charge reasonable and necessary fees to recover direct costs of executing, recording, and
administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and
year written above.
ALL SIGNATURES MUST BE NOTARIZED
O R
Dora Drexler, Owner
Owner
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
Y�
APPROVED AS TO FORM:
Aq
at well, City Attorney
rev rohek-
Date
Date
�a19_
Date
\/ O
State of California }
County of San Luis Obispo }
On - u� / F 20o $� -,before me, Laurie L. Hanson, Notary Public
9 Date Name and Title of the Officer
personally appeared, Dora Drexler
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personfa) whose nameL&)S/X:e'subscribed
to the within instrument and acknowledged to me that ,.ldshe4heY executed the same in_hiigiherahei -
authorized capacityfiesj, and that by bk/her/dheir'signature,(a j'on the instrument the personK,, or the entity
upon behalf of which the person�cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
State of California
County 0XSan Luis Obispo
On
personally
before
LAURIE L. HANSON
i Commkalon r 1791188
No/arY PubBc - CadManla
8IM lulu OtIMM
Qonme la
Place Notary Seal Above
who proved to me on basis of satisfactory evidence to be e person(s) whose name(s) is /are subscribed
to the within instrumen and acknowledged to me that he /s /they executed the same in his/her /their
authorized capacity(ies), d that by his/her /their signature(s) on a instrument the person(s), or the entity
upon behalf of which the pe on(s) acted, executed the instrument.
I certify under PENALTY t
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Y under the laws of the StaX of California that the foregoing
Place Notary Seal Above
n
N
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On October 20. 2008, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person whose name) is/=e-subscribed to the within instrument and r/
acknowledged to me that a /sh&drey executed the same in his/kenlgteir authorized capacity(iks),
and that by hisAtefAheir signatureA on the instrument the person(,), or the entity upon behalf of
which the person(o acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
K
O
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1460 MILL STREET, SAN LUIS OBISPO, CALIFORNIA
1. Owner shall preserve, maintain, and repair the historic building, including its character- defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 1460 Mill Street. Character- defining features shall include, but are not limited to: roof, eaves,
dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens
and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards
for the Treatment of Historic Properties:
a. Restore or replace exterior windows to match original windows, to the satisfaction of the
Community Development Director.
b. Restore or replace leaking windows in French doors on front of house with historically
appropriate true divided lights, to the satisfaction of the Community Development. Director.
c. Repaint all wood or stucco portions of the exterior fagades, to the satisfaction of the Community
Development Director.
d. Repair original sagging brick porches at front of home.
e. Repair leaning carriage house fagade.
f. Rehabilitate failing brick wall on westerly property line.
g. Repoint mortar joints to match original.
h. Replace and relocate the downstairs heating system, including replacement of confirmed
asbestos ductwork.
i. Upgrade HVAC and plumbing system for livability and long term maintenance.
j. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by
periodic repainting and repair of exterior materials and surfaces, high quality landscape
maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or other
historic site features.
M O RS
e. L��
SeeYr� hc` l8, 2oog
Dora Drexler Date
RESOLUTION NO. 10028 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
AN APPEAL OF A TREE REMOVAL REQUEST AT 1374 PISMO STREET
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
July 28, 2008 and approved the applicant's request to remove two (2) Eucalyptus trees located in
the back yard at 1374 Pismo Street, San Luis Obispo, California; and
WHEREAS, on September 16, 2008, the City Council of the City of San Luis Obispo
held a public hearing to consider the appeal of the approval to remove two (2) Eucalyptus trees,
and to replace the trees by planting four native trees; and
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 findings:
1. The removal of two (2) Eucalyptus trees will promote good aboricultural practice as the
trees are a potential hazard to the houses. Removing the two Eucalyptus trees and planting
four Sycamore trees will enhance the creek environment.
SECTION 2. The appeal of the Tree Committee's decision to approve the tree removal
request at 1374 Pismo Street is hereby denied.
Upon motion of Council Member Settle, seconded by Council Member Carter, and on the
following roll call vote vote:
AYES: Council Members Carter and Settle, Vice Mayor Brown and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
R 10028
0 0
Resolution No. 10028 (2008 Series)
Page 2
The foregoing resolution was adopted this 16th day of September 2008.
Mayor David F. Romero
ATTEST:
- avj,�4 4��
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
on P. Lowell
City Attorney
0 0
RESOLUTION NO. 10027 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
AN APPEAL OF A TREE REMOVAL REQUEST AT 4154 POINSETTIA STREET
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
July 28, 2008 and denied the applicant's request to remove one (1) Alder tree located in the front
yard at 4154 Poinsettia Street, San Luis Obispo, California; and
WHEREAS, on September 16, 2008, the City Council of the City of San Luis Obispo
held a public hearing to consider the appeal of the denial to remove one (1) Alder tree; and
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 findings:
1. The tree is not causing undue hardship to the property owner and removing the tree will
harm the character of the surrounding neighborhood. The tree should remain and the
homeowner, Anna Lardon, has offered to pay for the root pruning and installation of a root
barrier.
SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal
request at 4154 Poinsettia Street is hereby denied.
Upon motion of Council Member Settle, seconded by Vice Mayor Brown,
and on the following roll call vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
R 10027
c c
Resolution No. 10027 (2008 Series)
Page 2
The foregoing resolution was adopted this 16th day of September 2008.
.%
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
o P. Lowell
City Attorney
O
O
RESOLUTION NO. 10026 (2008 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A 16 UNIT CONDOMINIUM PROJECT FOR 1310
FOOTHILL BOULEVARD A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT, AND AMENDING THE LAND USE
ELEMENT MAP FROM MEDIUM -HIGH DENSITY RESIDENTIAL (R -3)
TO HIGH - DENSITY RESIDENTIAL(R4) FOR PROPERTY AT(108
THROUGH 190 CRANDALL AND 1304 THROUGH 1476 FOOTHILL;
GP/R/TR/ER 200 -07
WHEREAS, the Planning Commission conducted a public hearing on August 13, 2008,
and recommended approval of the project; 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
September 16, 2008, pursuant to a proceeding instituted under application GP/R/TR/ER 200 -07,
SLO Investments LLC, applicant; 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 considered the Mitigated Negative Declaration of
Environmental Impact as prepared by staff and reviewed by the Planning Commission; 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. 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 below:
Mitigation Measure
Temporary impacts from the project, including but not limited to excavation and
construction activities, vehicle emissions from heavy duty equipment and naturally
occurring asbestos has the potential to create dust and emissions that exceed air quality
standards for temporary and intermediate periods unless the following mitigation
measures are incorporated:
a) Construction vehicle speed at the work site must be limited to fifteen (15)
miles per hour or less;
R 10026
0 O
Resolution No. 10026 (2008 Series)
Page 2
b) Prior to any ground disturbance, sufficient water must be applied to the area to
be disturbed to prevent visible emissions from crossing the property line;
c) Areas to be graded or excavated must be kept adequately wetted to prevent
visible emissions from crossing the property line;
d) Storage piles must be kept adequately wetted, treated with a chemical dust
suppressant, or covered when material is not being added to or removed from
the pile;
e) Equipment must be washed down before moving from the property onto a
paved public road; and
f) Visible track -out on the paved public road must be cleaned using wet
sweeping or a HEPA filter equipped vacuum device within twenty-four (24)
hours.
Monitoring Program: Construction phase air quality mitigation measures are monitored
by the Air Pollution Control District (APCD), through a complaint based enforcement
system. The requirements listed above are noted on the project plans and the City
Building Inspector and Public Works Inspector for the project are instructed to contact
APCD in the event of a probable violation. Members of the public can also call APCD
if they are concerned about dust or other emissions from a construction site.
SECTION 2. General Plan Amendment Approval & Findings. The General Plan
Amendment included as part of City Application No. GPA 200 -07, which amends the Land Use
Element Map from Medium -High Density Residential to High Density Residential for the
properties located at 108 through 190 Crandall and 1304 through 1476 Foothill as shown on the
attached Exhibit A, is hereby approved, based on the following findings:
Findings:
1. The proposed General Plan Amendment and Rezoning is consistent with General Plan
Land Use and Housing Element policies to locate student housing projects and generally
more affordable housing in close proximity to the campus.
2. The General Plan Amendment and Rezone from Medium -High Density Residential (R -3)
to High- Density Residential (R -4) will allow for density required for the proposed
condominium project at 1310 Foothill and group housing project at 1468 Foothill, and
will provide for more viable future redevelopment of other properties to be consistent
with the above General Plan Policies and Land Use Element policy stating that housing
likely to attract faculty or students should be encouraged to locate close to Cal Poly, to
reduce commute travel.
3. The proposed General Plan Amendment and Rezone will not be detrimental to the health,
safety and welfare of those living and working in the vicinity since it will not allow
incompatible land uses. The area of the proposed GP/R and project site is already
adjacent to other High - Density Zoned properties and is bordered by the Cal Poly campus
to the north.
\v
Resolution No. 10026 (2008 Series)
Page 3
SECTION 3. General Plan Amendment 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.
SECTION 4. Tentative Tract May Approval Findings and Conditions. The Tentative
Tract Map to allow 16 condominium units at 1310 Foothill Boulevard, is hereby approved, based
on the following findings, and subject to the following conditions:
Findings:
The design of the tentative tract map is consistent with the General Plan because the
proposed condominium subdivision respects existing site constraints, will incrementally
add to the City's residential housing inventory, result in condominium units that meet
density standards, and will be consistent with the density and development limits
established by the High Density Residential District.
2. The site is physically suited for the proposed type of development allowed in the R -4
zones since the site is topographically suitable, surrounded by existing high density
residential development and close to parks, schools and transit services.
3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision.
4. A Mitigated Negative Declaration was prepared by the Community Development
Department on August 4, 2008. The Planning Commission finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project.
Conditions
1. The project shall require final review by the Architectural Review Commission (ARC)
which may require minor project amendments to allow the project to be consistent with
the Community Design Guidelines.
2. A completed Green Building checklist shall be submitted prior to final review by the
ARC. The California Build it Green or LEED checklist shall be utilized. A narrative shall
be included to describe how the green building credits will be achieved.
�I
Resolution No. 10026 (2008 Series)
Page 4
3. An affordable housing agreement consistent with City policies, shall be submitted for
review and approval of the Community Development Director prior to proceeding to the
City Council.
4. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map,
consistent with SLO Municipal Code Section 16.40.080.
5. 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.
6. The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tree
easement across the frontage of site. Said easements shall be adjacent to and contiguous
with the public right -of -way lines.
7. Complete frontage improvements will be required as a condition of the tract map. The
improvements shall be constructed in accordance with the engineering standards in effect
at the time of encroachment permit issuance.
8. The proposed on -site sewer main will be privately owned and maintained by the
Homeowner's Association.
9. The building plans shall show and note compliance with Engineering Standard 1010.B
for Storm Water Quality Management. This code requirement is applicable to new or
redeveloped sites where the total area of impervious surfaces is more than 10,000 square
feet. Water quality management is required for the runoff from uncovered parking spaces
and driveway areas. Provide calculations showing impervious area.
10. The proposed access to Campus Way shall be in compliance with ADA standards. Access
should be obtained through the adjacent property to the east.
11. One 15- gallon street tree will be required for each 35 lineal feet of frontage. The City
Arborist shall approve the tree species, planting requirements, and whether the street trees
shall be planted in tree wells in the sidewalk area or behind the back of walk in the tree
easement.
12. Tree removals may require approval by the City Arborist. The plan shall show all
existing and proposed street trees.
0 0
Resolution No. 10026 (2008 Series)
Page 5
13. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the Community Development Director and the City Attorney prior to final map
approval. CC &R's shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the city the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the city to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage
of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &R's without prior City Attorney
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
Code Requirements
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.
C
Resolution No. 10026 (2008 Series)
Page 6
K
1. The demolition of the existing structures shall comply with all local, state, and federal
requirements for the demolition of structures.
2. Public improvements required as a condition, code requirement, or mitigation measure
should be shown on the building plans. Said improvements may be completed or a bond
posted for their completion to allow for recordation of the map prior to the completing of
all required and/or proposed improvements.
3. 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.
4. The parcel map /final map preparation and monumentation shall be in accordance with the
city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act.
On motion of Council Member Settle, seconded by Vice Mayor Brown, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 16'x' day of September 2008.
9�41 W40%4
Mayor David F. Romero
ATT7:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
an P. Lowell
City Attorney
EXHIBIT A
RESOLUTION NO. 10025 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF
THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2534
(3592 BROAD STREET)
WHEREAS, the City Council made certain findings concerning Tract 2534, as
prescribed in Resolution No. 9594 (2004 Series); and
WHEREAS, the City Council approved the final map for Tract 2534 per
Resolution No. 9792 (2006 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2534, 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;
and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2534, in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements and certifies
completion of the private improvements for Tract No. 2534.
SECTION 2. The current Faithful Performance surety may be released upon submittal
of a replacement surety guaranteeing the workmanship and materials for a period of 12 months.
SECTION 3. The Labor & Materials surety may be released after 90 days from this date
of acceptance of the improvements in accordance with Section 66499.7(h) of the California
Government Code.
SECTION 4. The surety guaranteeing the workmanship and materials may be released
upon the successful completion of the 12 month time period and upon submittal of an additional
surety guaranteeing completion of the annual traffic signal warrant analysis for the
Capitolio /Broad and Prado /Broad intersections for a period of 5 years.
SECTION 5. The Director of Public Works is hereby authorized to release the surety for
the traffic signals and the surety for the traffic signal warrant analysis after installation of the
signals, or after a period of 5 years from this date of acceptance, whichever comes first.
MR111YAl
Resolution No. 10025 (2008 ;en)es)
Page 2
Upon motion of Council Member Carter, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of September 2008.
Mayor David F. Romero
ATTEST:
JIZ4�
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
P. Lowell
City Attorney
0 0
RESOLUTION NO. 10024(2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF
THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2807
(499 NORTH CHORRO)
WHEREAS, the City Council made certain findings concerning Tract 2807, as
prescribed in Resolution No. 9828 (2007 Series); and
WHEREAS, the City Council approved the final map for Tract 2807 per Resolution
No. 10023 (2008 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2807, 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;
and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2807 in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements and certifies
completion of the private improvements for Tract No. 2807.
SECTION 2. The Public Works Director is authorized to release the 10% Guarantee and
Defective Material surety upon satisfactory completion of the twelve month time period per the
Subdivision Agreement for Tract 2807.
Upon motion of Council Member Carter, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
R 10024
Resolution No. 10024 (2008 Series)
Page 2
The foregoing resolution was adopted this 16th day of September 2008.
Mayor David F. Romero
ATTEST:
�z Gtr
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
n P. Lowell
City Attorney
O
RESOLUTION NO. 10023 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2807
(499 NORTH CHORRO)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 2807, as prescribed in Resolution No. 9828 (2006 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received, as prescribed in the subdivision
agreement; and
WHEREAS, all conditions required per said Resolution No. 9828 (2006 Series) will be
met prior to or concurrent with final recordation of the map; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract No. 2807, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map.
SECTION 2. The subdivision agreement for Tract No. 2807 as shown on the attached
Exhibit `B" is hereby approved.
SECTION 3. Approval of the final map is hereby granted.
Upon motion of Council Member Carter, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
R 10023
Resolution No. 10023 (2008 Series) O
Page 2
The foregoing resolution was adopted this 16th day of September 2008.
9:;40�z
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jona�thann P well
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0 0 EXHIBIT 66II
SUBDIVISION AGREEMENT
A) d r
THIS AGREEMENT is dated this c2R day of a b 200.5` by and
between Bella Vista SLO, LLC, a California Limited Liability Company, herein referred to
as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2807, City of San Luis Obispo,
/� -6V-7 California, as approved by the City Council on the / day of 6Ybs., / tt , 200
The Subdivider desires that said Tract No. 2807 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER SERVICES AND SEWER LATERALS
4. LANDSCAPING AND STREET TREES
5. DRAINAGE STRUCTURES
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and /or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
N
1 _Y , 'L
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $7,113 which is the
amount of the estimated cost of subdivision improvements that remain to be completed
from the original $71,128 of required improvements. Per Sec. 66499.7(d) of the
Government Code of the State of California, a reduction in the performance security, is
not, and shall not be deemed to be, an acceptance by the City of the completed
improvements, and the risk of loss or damage to the improvements and the obligation to
maintain the improvements shall remain the sole responsibility of the subdivider until all
required public improvements have been accepted by the local agency and all other
required improvements have been fully completed in accordance with the plans and
specifications for the improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, the City will retain the said
$7,113 instrument of credit or bond, which equates to 10% of the required subdivision
improvements, for a period of one year following completion and acceptance thereof. That
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
•
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
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.
® o EXHIBIT 66099
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR David F. Romero
ATT T:
CITY CLERK rAludrey4iooper
APPROVED AS TO
Jonathan P. Lowell
SUBDIVIDER
Bella Vista SLO, LLC,
a California Limited Liability Company
Truitt G. Vance, Managing Member
mothy Riley, M�ankn,gMem er
K
EXHIBIT 1
TRACT 2807
SUBDIVISION AGREEMENT
4 E e M
1. A monumentation bond in the amount of $2,500 has been collected to ensure installation of
the monuments as shown on the final map.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
5. The subdivider shall comply with all requirements of Council Resolution 9828 (2006 Series)
approving the tentative map.
0 0
EXHIBIT 2
TRACT 2807 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance
$7,113
CD
8/28/08
Labor & Materials (50% of total cost of
N/A
improvements
Improvements
substantially
complete
Monument Guarantee
$2,500
CD
8/28/08
Fees:
Map Check Fee
$3,608
Check
7/31/08
Plan Check Fee
N/A
Park In -Lieu Fee'
$19,505
Check
8/28/08
Water Impact Fee'
To be collected
with building
~
ermit
Wastewater Impact Fee'
To be collected
with building
permit
Transportation Impact Fee'
To be collected
with building
permit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
0
RESOLUTION NO. 10022 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF
THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2825
(1231 LAUREL LANE)
WHEREAS, the City Council made certain findings concerning Tract 2825, as
prescribed in Resolution No. 9868 (2007 Series); and
WHEREAS, the City Council approved the final map for Tract 2825 per Resolution
No. 10021 (2008 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2825, 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;
and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2825 in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements and certifies
completion of the private improvements for Tract No. 2825.
SECTION 2. The Public Works Director is authorized to release the 10% Guarantee and
Defective Material surety upon satisfactory completion of the twelve month time period per the
Subdivision Agreement for Tract 2825.
Upon motion of Council Member Carter, seconded by Council Member Settle, and on the
following roll call vote:
AYES:
Council Members Mulholland and Settle, Vice Mayor Brown and Mayor
Romero
NOES:
None
ABSENT:
None
ABSTAIN:
Council Member Carter
R 10022
Resolution No. 10022 (2008 SQes) °
Page 2
The foregoing resolution was adopted this 16th day of September 2008.
Mayor David F. Romero
ATTEST:
ad,ct-,C,
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
onath . Lowell
City Attorney
RESOLUTION NO. 10021 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2825
(1231 LAUREL LANE)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 2825, as prescribed in Resolution No. 9868 (2007 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received, as prescribed in the subdivision
agreement; and
WHEREAS, all conditions required per said Resolution No. 9868 (2007 Series) will be
met prior to or concurrent with final recordation of the map; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract No. 2825, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map.
SECTION 2. The subdivision agreement for Tract No. 2825 as shown on the attached
Exhibit `B" is hereby approved.
SECTION 3. Approval of the final map is hereby granted.
Upon motion of Council Member Carter, seconded by Council Member Settle,
and on the following roll call vote:
AYES:
Council Members Mulholland and Settle, Vice Mayor Brown and Mayor
Romero
NOES:
None
ABSENT:
None
ABSTAIN:
Council Member Carter
R 10021
Resolution No. 10021 (2008 Serves)
Page 2
The foregoing resolution was adopted this 16th day of September 2008.
Mayor avid F. Romero
ATT EST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
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r- ISIT
SUBDIVISION AGREEMENT
�1 act
THIS AGREEMENT is dated this da day of P 200 k6y and
between Tierra Bonita, a partnership, herein referred to as "Subdivider," and the CITY OF
SAN LUIS OBISPO, .herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2825, City of San Luis Obispo,
1 �47
California, as approved by the City Council on the l6 day of .5!tt�Wk& 200 2S .
The Subdivider desires that said Tract No. 2825 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City of San Luis Obispo, to wit:
CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER SERVICES AND SEWER LATERALS
4. LANDSCAPING AND STREET TREES
5. DRAINAGE STRUCTURES
EXHIBIT 171
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all subdivision improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and /or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
n,
EXHIBIT
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $8,538 which is the
amount of the estimated cost of subdivision improvements that remain to be completed
from the original $85,380 of required improvements. Per Sec. 66499.7(d) of the
Government Code of the State of California, a reduction in the performance security, is
not, and shall not be deemed to be, an acceptance by the City of the completed
improvements, and the risk of loss or damage to the improvements and the obligation to
maintain the improvements shall remain the sole responsibility of the subdivider until all
required public improvements have been accepted by the local agency and all other
required improvements have been fully completed in accordance with the plans and
specifications for the improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, the City will retain the said
$8,538 instrument of credit or bond, which equates to 10% of the required subdivision
improvements, for a period of one year following completion and acceptance thereof. That
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
J EMIT
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
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.
EXHIBIT �s9�
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to..
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Tierra Bonita, p nershi
f
MAYOR David F. Romero -
Paul T. ag eral PO i
ATTE�T:
CITY CLER&4 Au rey Hooper
o
EXHIBIT "B"
EXHIBIT 1
TRACT 2825
SUBDIVISION AGREEMENT
Monuments have been set for this subdivision.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
The subdivider shall comply with all requirements of Council Resolution 9868 (2007 Series)
approving the tentative map.
EXHIBIT 6699
EXIIIBIT 2
TRACT 2825 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Cuaranka.
Total Faithful Performance
$8,538
CD
8/22/08
Labor & Materials (50% of total cost of
N/A
improvements
improvements
substantially
complete
Monument Guarantee
N/A
Monuments
already set
Fees:
Map Check Fee
$3,459
Check
5/25/2007
Plan Check Fee
N/A
Park In -Lieu Feel
$27,678
Check
7/17/2008
Water Impact Fee
To be collected
with building
permit
Wastewater Impact Fee'
To be collected
with building
permit
Transportation Impact Fee'
To be collected
with building
ermit
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
0 o
RESOLUTION NO. 10020 (2008 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND JOANN QUAGLINO,
OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1546 CHORRO STREET, IN
SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (known as "the Mills Act ") to enter into contracts with the
owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing
the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program
to promote the preservation, maintenance and rehabilitation of historic resources through financial
incentives; and
WHEREAS, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel Number
003 -538 -005, located at 1546 Chorro Street, San Luis Obispo, California 93401, also described as
the Flueger Home, (hereinafter referred to as the "historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property as
an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character- defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on August 25, 2008, to consider a request by Joann Quaglino, owner of 156 Chorro
Street; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Development
Department, public testimony, the staff report, and the City's Historical Preservation Program
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
R 10020
• o
Resolution No. 10020 (2008 Series)
Page 2
SECTION 1. Findings. The City Council makes the following findings:
1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in
financial assistance programs such as property tax reduction programs that encourage
maintenance and restoration of historic properties.
2. The Flueger Home, located at 1546 Chorro Street, has been recognized as a historic asset in
the community by its designation as a Master List Historic Property. As such, maintaining
the structure will meet the City's goals for historic preservation listed in policies 3.3.1
through 3.3.5 of the Conservation and Open Space Element.
SECTION 2. Historic Preservation Agreement approved. The City Council hereby
approves the historic preservation agreement between the City of San Luis Obispo and the owners,
attached hereto as Exhibit A.
SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 4. Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined by Section 15378 of the California
Environmental Quality Act and are exempt from environmental review.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the
parties enter into said agreement, the City Clerk shall cause this agreement to be recorded in the
Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Carter, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
• o
Resolution No. 10020 (2008 Series)
Page 3
The foregoing Resolution was adopted this 16th day of September, 2008.
Mayor David F. Romero
ATTEST:
-L
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
onath . Lowell
City Attorney
10
0
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY
LOCATED AT 1546 CHORRO STREET, IN THE CITY AND COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this 8th day of September, 2008, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and JoAnn
Quaglino (hereinafter referred to as "Owner "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owner, her heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Government Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date "), a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
year shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character - defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance;
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the
Community Development Director or his designee.
c. All building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly- noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 ' /z% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
b. If the historic property is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the ternis of the agreement. In the event
of a default, under the provisions to cancel the agreement by the Owner, the City shall give
written notice of violation to the Owner by registered or certified mail addressed to the address
stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the
Community Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the
breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any court, state or
federal, for injunctive relief against any violation by the owners or apply for such relief as may
be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel
this agreement. All other remedies at law or in equity which are not otherwise provided for in
this agreement or in the City's regulations governing historic properties are available to the City
to pursue in the event that there is a breach or default under this agreement. No waiver by the
City of any breach or default under this agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve
disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at
1546 Chorro Street, San Luis Obispo, California, Assessors Parcel Number 003 -538 -005, to the
covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby
declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be
deemed covenants running with the land and shall pass to and be binding upon the Owner's successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed,. covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
•
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owner: JoAnn Quaglino
1546 Chorro Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
0
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owners activities in connection with the historic property, excepting however any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
•
0
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the
County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the
City may charge reasonable and necessary fees to recover direct costs of executing, recording, and
administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and
year written above.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
ATTES
Audrey Hooper6litity ClJrk
APPROVED AS TO FORM:
Jonath Lowell, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
Date
9° �dp° fi
Date
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1546 CHORRO STREET, SAN LUIS OBISPO, CALIFORNIA
1. Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 1546 Chono Street. Character - defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards
for the Treatment of Historic Properties:
a. Replace the garage with a structure in quality and design of the original house.
b. Regular maintenance of the exterior painted surfaces. All painted surfaces shall be properly
prepared, primed and painted with high - quality exterior paints.
c. Complete the irrigation and landscape on the rear of the property once the new garage is
constructed.
d. Maintain the landscape to a high standard.
e. Install concrete/brick walkways and patios at the rear of the property keeping with a Victorian
period design.
f. Periodically prune the trees and the large Cyprus tree on the property.
9- -cam
Date
CALIFORNIA . r
MC>:aaW�4L - 1WRW»s!�vr�"' �iGl +adr�iG* '>•S w�eSG�nira,. f ELM l5Al§5 uWNZ..� R �_ - _ZI
State of California
County of S� _%,Ll l --Map
On D$
Date
personally appeared
9 AM
r!a�h MdliI
778087
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who proved to me on the basis of satisfactory evidence to
be the person(e) whose name(&) is/ar& subscribed to the
within instrument and acknowledged to me that
JaalsheAIw.T executed the same in- is/+terrkheir•authorized
capacity(ies}, and that by4*AierA4eir signature(o on the
instrument the person(&), or the entity upon behalf of
which the persona) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
ion tam awo COWV WITNESS my hand and official seal.
It
Signatu
Place Notary Seal Above U , y igy&ture of Votary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
_ _OF SIGNER "
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
-:OF. SIGNER:,'"__
.. of r here
C 2007 National Notary Association • 9350 De Soto Ave -, P.O. Box 2402 •Chatsworth, CA 913132402 • w .NationalNotary.org Item 05907 Reorder: Call Toll -Free 1- 800 -878 -6827
O O
RESOLUTION NO. 10019 (2008 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING PURCHASE OF AN AGRICULTURAL CONSERVATION EASEMENT
ON REAL PROPERTY
WHEREAS, Frederick K. Glick and Michelle Leguina, Trustees of the Kenneth L.
Glick Revocable Trust dated December 5, 2003 ( "Grantors ") are the owners in fee
simple of certain real property in San Luis Obispo County, California, described as San
Luis Obispo County Assessor's Parcel Numbers 073 - 261 -006, 073 - 261 -007, 073 -261-
009 and 073 - 261 -010, commonly known as the Stenner Ranch (the "Property'); and
WHEREAS, the Property possesses natural resource values including
agricultural value and scenic open space values (the "Conservation Values ") of great
importance to Grantors, the people of the City of San Luis Obispo, and the people of
the State of California; and
WHEREAS, the United States of America, acting through its National Guard
Bureau, maintains a military installation, known as Camp San Luis Obispo, which is
adjacent to the Stenner Ranch, and said military installation would benefit from the
permanent retention of Stenner Ranch in agriculture and open space uses; and
WHEREAS, such benefit to the United States of America has caused the
National Guard Bureau to offer financial support to such a preservation effort; and
WHEREAS, Grantors desire that the Conservation Values of the Property be
preserved and maintained by the continuation of currently existing land use patterns;
and
WHEREAS, Grantors further intend, as owners of the Property, to convey by this
Agricultural Conservation Easement, the right and duty to the City of San Luis Obispo to
preserve and protect the Conservation Values 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 hold Conservation Easements,
including Agricultural Conservation Easements protecting working farm and ranch
lands; and
WHEREAS, the City of San Luis Obispo agrees by this Agreement to honor the
intentions of Grantors stated herein and to preserve and protect in perpetuity the
Conservation Values of the Property for the benefit of this generation and the
generations to come.
R 10019
O G
Resolution No. 10019 (2008 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby authorizes and directs the Mayor to sign said Agricultural
Conservation Easement on behalf of the City of San Luis Obispo.
On motion of Council Member Settle, seconded by Vice Mayor Brown and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown,
and Mayor Romero
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of September 2008.
ATTEST:
Audrey Hoop2y City 64k
AS TO
.
nathan P. Lowell, City Attorney
Da vid F. Romero, Mayor
R 10019
K
G
RESOLUTION NO. 10018 (2008 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT
ON REAL PROPERTY
WHEREAS, the City of San Luis Obispo is owner in fee simple of certain real
property in San Luis Obispo County, California, outside of but near the City of San Luis
Obispo, described as Assessor's Parcel Number 073- 281 -004 and commonly referred
to as the Stenner Creek Road property (the "Property"); and
WHEREAS, said property has been declared surplus to City needs and has
been considered for sale or trade in conjunction with the acquisition of an easement
interest in the adjacent Stenner Ranch; and
WHEREAS, Frederick K. Glick, Trustee of the Kenneth Glick Revocable Trust,
wner of the Stenner Ranch, has reached agreement with the City of San Luis Obispo
regarding such sale of the Stenner Creek Road property and acquisition of an
easement interest in the Stenner Ranch; and
WHEREAS, the Property possesses natural resource values including wildlife
and plant resources, and scenic open space values (the "Conservation Values ") of
importance to Grantor, the people of the City of San Luis Obispo, and the people of the
State of California; and
WHEREAS, due to soil conditions and slopes, the Property has extremely limited
agricultural value; and
WHEREAS, the Property also contains a portion of Stenner Creek, which is a
natural waterway known to contain a population of the threatened southern steelhead;
and
WHEREAS, Frederick K. Glick has offered, upon completion of the purchase of
the Property, to immediately donate a Conservation Easement on the Property in order
to protect the natural resource and other values described above; 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
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
Accepts the offer of donation of a Conservation Easement for
Assessor's Parcel Number 073 - 371 -002; and
R 10018
Resolution No. 10018
Page 2
2. Authorizes and directs the Mayor to accept said Conservation
Easement on behalf of the City of San Luis Obispo.
On motion of Council Member Settle, seconded by Vice Mayor Brown and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown,
and Mayor Romero
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of September 2008.
David F. Romero, Mayor
ATTEST:
Audrey operjf,ity Clerk
AS TO FORM:
n Lowell, City Attorney
R 10018
'0 O
RESOLUTION NO. 10017 (2008 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SALE OF REAL PROPERTY
WHEREAS, the City of San Luis Obispo is owner in fee simple of certain real
property in San Luis Obispo County, California, outside of but near the City of San Luis
Obispo, described as Assessor's Parcel Number 073 - 281 -004 and commonly referred
to as the Stenner Creek Road property (the "Property'); and
WHEREAS, said property has been declared surplus to City needs and has
been considered for sale or trade in conjunction with the acquisition of an easement
interest in the adjacent Stenner Ranch; and
WHEREAS, Frederick K. Glick, Trustee of the Kenneth Glick Revocable Trust,
owners of the Stenner Ranch, has reached agreement with the City of San Luis Obispo
regarding such sale of the Stenner Creek Road property and acquisition of an
easement interest in the Stenner Ranch; and
WHEREAS, Frederick K. Glick has offered, upon completion of the purchase of
the Property, to immediately donate a Conservation Easement on the Property in order
to protect the natural resource and other values of the Property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
Accepts the offer of purchase of the Stenner Creek Road property by
Frederick K. Glick at a purchase price of $320,000; and
2. Authorizes and directs the Mayor to sign the necessary sale
documents on behalf of the City of San Luis Obispo.
On motion of Council Member Settle, seconded by Vice Mayor Brown and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown,
And Mayor Romero
NOES: None
ABSENT: None
R 10017
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Resolution No. 10017 (2008 Series)
Page 2
the foregoing Resolution was passed an adopted this 2nd day of September 2008.
ATTEST:
i& rRimero,
njk'&- 76 A5Z-(
Audrey H er, Cit Jerk
APPROVED AS TO FORM:
Lowell, City Attorney
R 10017
I �
RESOLUTION NO. 10016 (2008 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACQUISITION OF A PARTIAL INTEREST IN REAL PROPERTY
ALREADY PARTIALLY OWNED BY THE CITY OF SAN LUIS OBISPO
WHEREAS, Frederick K. Glick ( "Grantor") is the owner of a one -half undivided
fee interest in 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 073-
371 -002 and referred to as the Bowden Ranch (the "Property "); and
WHEREAS, the Property possesses natural resource values including wildlife
and plant resources, and scenic open space value of great importance to Grantor, the
people of the City of San Luis Obispo, and the people of the State of California; and
WHEREAS, in February, 2006, the City of San Luis Obispo accepted the
donation of a one -half undivided fee interest in said property; and
WHEREAS, Grantor now wishes to convey to the City of San Luis Obispo the
remaining one -half undivided fee interest in the real property for its fair market value;
and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of
the State of California that is authorized by law to acquire lands for public benefit
purposes, including open space and wildlife habitat preservation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Accepts the offer of a one -half undivided fee interest in the property commonly
known as the Bowden Ranch and identified as Assessor's Parcel Number 073-
371 -002 for a purchase price of $120,000, payable at the close of escrow; and
2. Authorizes and directs the Mayor to accept the grant deed to said property on
behalf of the City of San Luis Obispo.
On motion of Council Member Settle, seconded by Vice Mayor Brown and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown,
and Mayor Romero
NOES: None
ABSENT: None
R 10016
Resolution No. 10016
Page 2
the foregoing Resolution was passed and adopted this 2nd day of September 2008.
ATTEST:
- - r M, - nx IF,
Audrey oper, ity Clerk
AS TO FORM:
P. Lowell, "City Attorney
R 10016
RESOLUTION NO. 10015 (2008 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
PROVIDING FOR THE ASSIGNMENT OF AN EXISTING CONSERVATION
EASEMENT TO THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY
WHEREAS, in December 2001, the City of San Luis Obispo acquired by gift a
conservation easement burdening certain real property in the County of San Luis
Obispo, outside of but adjacent to the City of San Luis Obispo, said property being
identified as Assessor's Parcel Number 073 - 371 -002 and commonly known as the
Bowden Ranch; and
WHEREAS, since that time the City of San Luis Obispo has also acquired by gift
an undivided one -half interest in fee ownership of said property; and
WHEREAS, the City of San Luis Obispo anticipates the acquisition the remaining
one -half undivided interest in said property; and
WHEREAS, the City Council of the City of San Luis Obispo wishes to retain the
terms and conditions of the Conservation Easement in full force and effect by assigning
said easement to an independent party.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Hereby assigns all right and interest in the Conservation Easement
burdening the Bowden Ranch Open space (Assessor's Parcel
Number 073 - 371 -002) to the Land Conservancy of San Luis Obispo
County.
2. Authorizes and directs the Mayor to sign the necessary documents to
effect said assignment.
On motion of Council Member Settle, seconded by Vice Mayor Brown and on the
following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown,
and Mayor Romero
NOES: None
ABSENT: None
R 10015
0 0
Resolution No. 10015 (2008 Series)
Page 2
the foregoing Resolution was passed and adopted this 2nd day of September 2008.
David F. omero, Mayor
ATTEST:
Audrey 7716r, Ci Clerk
R 10015
0 0
RESOLUTION NO. 10014 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SETTING SEWER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees
and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable
and adequate to fully cover the costs of providing services; and
WHEREAS, a comprehensive review and analysis of sewer use by customer class and
revenues over the past two years has been performed for fiscal years 2006 -07 and 2007 -08; and
WHEREAS, a comprehensive analysis of sewer fund operating, capital and debt service
needs has been performed for fiscal years 2008 -09 through 2014 -15; and
WHEREAS, the Council has reviewed the sewer service rates necessary to meet system
operating needs, amended capital improvement plans and debt service requirements; and
WHEREAS, a public hearing was properly noticed and held on September 2, 2008; and
WHEREAS, a majority protest, as contemplated by Article XIII D of the California
Constitution, was not received by the conclusion of the public hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The rates set forth in Exhibit "A" are hereby adopted, establishing rates
effective September 3, 2008.
Upon motion of Council Member Mulholland, seconded by Council Member Carter, and
on the following vote:.
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown, and
Mayor Romero
NOES: None
ABSENT: None
R 10014
0 0
Resolution No. 1001!j (2008)
Page 2
the foregoing Resolution was adopted this 2 "d day of September 2008.
• l��
Mayor David F. Romero
ATTEST:
Audrey Hoop ty Qjeiic
APPROVED AS TO
P. Lowell, City Attorney
R 10014
O o
EXHIBIT A to Resolution No. 10014 (Series 2008)
MONTHLY SEWER SERVICE RATES
Account Type
Effective September 3, 2008
Single family dwelling,
Minimum charge: $5.50 per dwelling unit
including single meter
Volume charge per unit: $6.06
condominiums and
townhouses
Total monthly fee capped based on average winter water
consumption (AWWC) 1
Master - metered multi - family dwellings
Minimum charge: $5.50 per account
in any duplex, apartment house or
Volume charge per unit: $6.06
rooming house
Accounts without separate irrigation meter.
Total monthly fee capped based on AWWC
Accounts with separate irrigation meter:
No cap
Mobile home or trailer park
Minimum charge: $5.50 per account
Volume charge per unit: $6.06
Accounts without separate irrigation meter.
Total monthly fee capped based on AWWC
Accounts with separate irrigation meter:
No cap
Public, private, or parochial school,
$4.91 per ADA
average daily attendance (ADA) at the
school
All Other Accounts
Minimum charge: $5.50 per account
Volume charge per unit: $6.06
Each Vehicle Discharging Sewer into
City System
$143.06
Minimum charge
Additional charge per 100 gallons in
$8.61
excess of 1,500 gallons discharged
' The Average Winter Water Consumption (AWWC) is established in December, January and February. The
AWWC sewer cap is implemented in July.
R 10014
0 0
RESOLUTION NO. 10013 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TEMPORARILY SUSPENDING ENFORCEMENT OF SECTION 12.24.130.D.3 (TREE
REGULATIONS — PROTECTION OF TREES) OF THE MUNICIPAL CODE AS IT
PERTAINS TO SLACKLINING IN A DESIGNATED AREA OF MEADOW PARK
WHEREAS, slacklining is the act of balancing and tightrope style walking on a semi -
loose suspended line; and
WHEREAS, based on citizen interest and an in -depth review of slacklining, the Parks
and Recreation Commission recommends the establishment of a 12 -month pilot program in
Meadow Park, using trees as anchors; and
WHEREAS, Section 12.24.130.D.3 (Tree Regulations — Protection of Trees) of the
Municipal Code prohibits any person from posting any sign on any tree, tree stake or guard, or
fasten any guy wire, cable or rope to any tree, tree -stake or guard in order to protect trees; and
WHEREAS, the City Council concurs with the recommendation to institute a pilot
program for slacklining to be conducted in a designated area in Meadow Park; and
WHEREAS, the City Council has discretion with regard to enforcement of its own laws;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that staff is directed to temporarily suspend enforcement of Section 12.24.130D.3 of the
Municipal Code when the activity in apparent violation of said section relates to slacklining, is
being conducted in the area of Meadow Park specifically designated for slacklining, and
otherwise is not obviously causing harm to the City's tree resources.
BE IT FURTHER RESOLVED that this temporary suspension of enforcement of the
above provision of the Municipal Code shall be effective only for a period of 12 months from the
date of adoption of this resolution, unless subsequently revoked or otherwise modified by the
City Council.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Brown, and on
the following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown, and
Mayor Romero
NOES: None
ABSENT: None
R 10013
M
Resolution No. 10013 (2008)
Page 2
the foregoing resolution was adopted this 2 "d day of September 2008.
ATTEST:
Audrey 1.*ope4tity Clerk
AS TO FORM:
-_
City Attorney
M
V _ MIM9 / /IIt
R 10013