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HomeMy WebLinkAbout8254-8261G � C RESOLUTION NO. 8261 (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF MINOR SUBDIVISION NO. 155 -93 (COUNTY FILE 93 -089), DIVIDING ONE LOT INTO TWO AT 497 ISLAY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of MS 155 -93 and staff recommendations, and reports thereof, makes the following findings: 1 The design of the tentative map and proposed.improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the R -2 zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easements for access through, or use of property within, the proposed subdivision. 5. An initial study of environmental impacts was prepared by the Community Development Department on December 10, 1993, that describes significant environmental impacts associated with project development. The Community Development Director has reviewed the environmental initial study and granted a Negative Declaration of environmental impact, with mitigation. The initial study concludes that the project will not have a significant adverse impact on the environment, subject to the mitigation measures being incorporated into the project, and the City Council hereby adopts the Negative Declaration and finds that it reflects the independent judgement of the City Council. R -8261 C C Resolution No. 8261 (1994 Series) Minor Subdivision 155 -93 Page 2 6. The property to be divided is of such shape, that it is undesirable, in the particular case, to conform to the strict application of the subdivision and zoning regulations because to do so would interrupt the pattern of lot design in this historical neighborhood. 7. The cost to the subdivider of strict or literal compliance with the subdivision and zoning regulations is not the sole reason for granting exceptions to lot width and yard standards. 8. The lot width and yard exceptions will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity. 9. Granting exceptions to lot width and yard standards is in accord with the intent and purposes of the subdivision regulations, and is consistent with the general plan and all other plans of the city. SECTION 2. Conditions. The approval of the tentative map for MS 155 -93is subject to the following conditions: 1. The subdivider shall submit a final map to the City for review, approval and recordation. The map shall be prepared by, or under the supervision of, a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and subdivision Regulations. 2. All boundary monuments, lot corners and centerline. interesections, BC's, EC's, etcl., shall be tied to the City's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map. A 5 -1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information system (GIS) purposes, is also required to be submitted to the City Engineer. Any exception to this requirement must be approved by the City Engineer. 3. The subdivider shall provide individual electrical, cable television, and natural gas services and metering for each lot to the approval of affected public utility agencies and the City Engineer. G C Resolution No. 8261 (1994 Series) Minor Subdivision 155 -93 Page 3 4. The subdivider shall provide individual water services and sewer connections for each lot, to the approval of the City Engineer. 5. The subdivider shall plant street.trees along both streets per City standards and to the satisfaction of the City Arborist. 6. An addressing plan shall be submitted for approval by the Community Development Director. 7. Any existing utilities that will cross the new lot line must be removed, or easements created, to the approval of the City Engineer. 8. The 0.1' jog in the new lot line shall be eliminated. 9. A handicap ramp shall be constructed on the corner of Islay Street and Beach Street, to the satisfaction of the City Engineer. 10. A driveway and automobile parking area shall be provided for the existing residence on Parcel 1. On motion of Council Member Romero , seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of January, 1994. Mayor Pej Pinard ATTEST: ']�QkA4/u J!�Qd i Clerk Diane R Gladwell APPROVED: tiO A t0 Jeff Jorgensen 9 XN J �I RESOLUTION NO. 8260 (1994 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ELIMINATING STRENGTH FACTORS IN THE CALCULATION OF NON - RESIDENTIAL SEWER IMPACT FEES WHEREAS, a comprehensive review of the sewer rate structure has been performed and reviewed by the Council; and WHEREAS, based on this review the Council has determined that all non - residential facilities should be charged a development review fee based only on meter size and that a one -time adjustment should be made to the fees to compensate for eliminating the strength factor in the calculation; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Strength factors are hereby eliminated from the calculation- of non- residential sewer development impact fees. SECTION 2. Non - residential sewer development impact fees shall be increased one- time by 4% to compensate for eliminating strength factors as per Schedule 1 attached hereto. Upon motion of Council Members Settle ,seconded by Council Member Roalman , and on the following roll call vote: AYES: Council-Members Settle, Roalman,;Rappa, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 18th day of January , 1994 and effective 60 days thereafter. May Peg Pin d ATTEST: 16 r ila .!�ii_l; hlhl rk ll APPROVED: Ci' Attorne J frey Jorgensen R -8260 SCHEDULE 1 WATER AND WASTEWATER IMPACT FEE SCHEDULE EFFECTIVE MARCH 1, 1994 RESIDENTIAL IMPACT FEE SCHEDULE Unit Service MT-e- Units Water Wastewater Single Family Dwelling 1.00 $2,704.00 $2,282.00 Duplex, Townhouse, 2.00 $ 5,408.00 $ 4,746.00 Condo, Apartment 0.80 $2,163.00 $1,826.00 Mobile Home 0.60 $1,622.00 $1,369.00 NON - RESIDENTIAL IMPACT FEE SCHEDULE Unit Service Twe Units Water Wastewater 5/811- 3/4" 1.00 $ 2,704.00 $ 2,373.00 1" 2.00 $ 5,408.00 $ 4,746.00 11/211 4.00 $ 10,816.00 $ 9,492.00 2" 6.40 - $ 17,306.00 $ 15,187.00 3" 14.00 $ 37,856.00 $ 33,222.00 4" 22.00 $ 59,488.00 $ 52,206.00 6" 45.00 $121,680.00 $106,785.00 /L Apo 0 RESOLUTION NO. 8259 (1994 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SEWER SERVICE RATES WHEREAS, a comprehensive review of sewer rates has been performed and reviewed by the Council; and WHEREAS, based on this review the Council has determined that all commercial facilities should be charged the same rate which is to be based on the water consumed; and WHEREAS, it is the City's policy that sewer rates and charges fully recover the operating, debt service, and capital costs of the sewer system; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 8022 (1992 Series) is hereby rescinded. SECTION 2. Fees for sewer service are hereby established as follows: A. Every person or business entity whose premises in the City are served by a connection with the City's sewer system shall pay monthly service charges per Schedule 1 attached hereto. B. Any non - residential customer using substantial amounts of water consumed for landscaping or other purposes not requiring sewer treatment or collection facilities may appeal to the Utilities Director to determine an equitable ratio of sewer use for billing purposes or the user may, at the user's own expense, install private measuring devices in accordance with the specifications approved by the Utilities Director. On motion of Council Member Settle seconded by Council Member Roalman ,and on the following roll call vote: AYES: Council Members Settle, Roalman, Rappa, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of January , 1994. Mayor Peg inard ATTEST: 6 "JILAMP a Mwak APPROVED AS TO FORM: Itity Attomey J�ey Jorgensen NIff:R.WO] Schedule 1 MONTHLY SEWER SERVICE CHARGES Effective Dates Type of Account 3/1/94 7/1/94 Single family dwelling, including $18.50 $19.50 single meter condominiums and townhouses Multi - family dwelling unit in any duplex, $14.75 $15.50 apartment house or roominghouse, per each dwelling unit Mobile home or trailer park, per each dwelling unit $11.10 $11.70 Public, private, or parochial school, average daily $ 2.10 $ 2.20 attendance at the school All other accounts Minimum charge $18.50 $19.50 Additional charge for every 100 cubic feet $ 2.20 $ 2.30 in excess of 500 cubic feet of metered water consumption Each vehicle discharging sewer into City system Minimum charge $62.00 $65.00 Additional charge per 100 gallons in excess $ 3.70 $ 3.90 of 1500 gallons discharged % �q n� RESOLUTION NO. 8258 C (1994 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MID - MANAGEMENT /CONFIDENTIAL EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 1994 - DECEMBER 31, 1995. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Mid - Management /Confidential Employees' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified.. Section 2. The Finance Director shall increase 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: Dennis Cox, President SLOMM /CEA; Ann Slate; Personnel Director; William Statler, Finance Director.. On motion of Council Member Rappa and on the following roll call vote: ,seconded by Council Member Romero , AYES: Council ?Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of January, 1994. ATTEST: Mayor Pe inard APPROVED AS TO FORM: R -8258 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE MID- MANAGEMENT /CONFIDENTIAL EMPLOYEES' ASSOCIATION 1/01/94 - 12/31/95 1 2 3 4 5 6j 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C TABLE OF CONTENTS ;le No. Title Page. No. 1 Parties to Agreement .................... 1 2 Recognition ........................... 2 3 Employee Rights ....................... 3 4 Representative Role ..................... 4 5 Management Rights ..................... 5 6 Peaceful Performance .................... 6 7 Grievance Procedure .................... 8 8 Salary ............................. 11 9 Salary Survey Agencies ................. 15 10 Confidential Employees ............ .... 16 11 Payday ............................. 18 12 Cafeteria Plan ................ ...... 19 13 Safety Program ...................... 23 14 Work Schedules and Administrative Leave .... 24 15 Sick Leave .......................... 26 16 Bereavement Leave .................... 29 17 Family Leave .......................... 30 18 Vacation Leave ....................... 33 19 Workers' Compensation Leave ............. 35 20 Paychecks Prior To Vacation ............... 36 21 Holidays ............................ 37 11 2'', 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C= � 22 Retirement ............. ............. 38 23 Required Footwear ..................... 39 24 Uniforms ........................... 40 25 Class "A" Physicals .................. 41 26 Temporary Assignment .................. 42 27 Work Out -Of- Classification ............... 43 28 Transfer ............................ 44 29 Light Duty Assignment .................. 45 30 Americans With Disabilities Act ............ 46 31 Layoffs ............................... 47 32 Authorized Agents ..................... 53 33 Full Agreement ....................... 54 34 Savings Clause ....................... 55 35 Term of Agreement .................... 56 36 Renegotiation and Periodic Meetings ........ 57 37 Signatures .......................... 58 Appendix A - Classifications .... ........ 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 0 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this day of 1994, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Mid - Management /Confidential Employees' Association, hereinafter, Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provision in City Resolution No. 6620, (1989 Series) unless so stipulated to by provision(s) contained herein and agreed to. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, (1989 Series) the City hereby recognizes the San Luis Obispo Mid - Management /Confidential Employees' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A with respect to their compensation, hours and other terms and conditions of employment for the duration of this Agreement. E 1 2 3 4 5'. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M ARTICLE 3 EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their. own choosing for the purpose of representation on all matters of employer - employee relations including but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 3 1 2I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 4 REPRESENTATIVE ROLE Members of any recognized employee association may, by a reasonable method, select not more than four employee members of the Association and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the Association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The Association shall, whenever practicable, submit the names(s).of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item (2) below. (2) That any such meeting is subject to scheduling by City management. consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5 MANAGEMENT RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 5 I 1 ARTICLE 6 2 PEACEFUL PERFORMANCE 3 4 Participation by an employee in a strike or a concerted work stoppage is 5 unlawful and shall terminate the employment relation provided, however, that 6 nothing herein shall be so construed as to affect the right of any employee to 7 abandon or to resign his employment. 8 9 a) Employee organizations shall not hinder, delay, or interfere, coerce 10 employees of the City to hinder, delay, or interfere with the peaceful 11 12 performance of City services by strike, concerted work stoppage, 13 cessation of work, slow -down, sit -down, stay -away, or unlawful 14 picketing. 15 16 b) In the event that there occurs any strike, concerted work stoppage, 17 or any other form of interference with or limitation of the peaceful 18 19 performance of City services prohibited by this article, the City, in 20 addition to any other lawful remedies of disciplinary actions, may by 21 action of the Municipal Employee Relations Officer cancel any or all 22 payroll deductions, prohibit the use of bulletin boards, prohibit the 23 use of City facilities, and withdraw recognition of the employee 24 organization or organizations participating in such actions.. 25 26 27 28 6 11 2 31 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28I 0 c) Employees shall not be locked out or prevented by management . officials from performing their assigned duties when such employees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency, provided there is work to perform. Any decision made under the provisions of the Article may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ARTICLE 7 GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the employer - employee resolution, the personnel rules and regulations, any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him /her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within (15) business days of the response of the supervisor's immediate superior but in no event later than thirty (30) calendar days after the occurrence of the event giving rise to the grievance. The department head shall promptly consider the M 1 2 3 4 5', 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 C' O grievance and render a decision in writing within fifteen 0 5) business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the department head's decision, the employee may submit the grievance in writing to the Personnel Director within seven (7) business days of receiving the department head's decision. The Personnel Director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. D. The results of findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision with respect.to the complaint. The City Administrative Officer's decision and reasons if denied shall be in writing and given to the employee within twenty (20) business days of receiving the Personnel Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have ten (10) business days following receipt of the City Administrative Officer's decision to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M submit a written request to the Personnel Board through the Personnel Director for a review of the decision. The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such.appeal shall be filed with the City Clerk within three (3) .business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within thirty (30) business days of submittal. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C O ARTICLE 8 SALARY 1. SALARY Employees in this unit shall receive a salary increase of one (1 %) per cent, payable in a lump sum in January 1994. Effective January, 1995, employees shall receive one and one half (1.5 %) percent salary increase, payable in a lump sum but related to a Pay- for- Performance Program to be developed on or before July 1, 1994 by a committee comprised of two (2) City representatives and two (2) Association representatives. Puroose: To establish and maintain a compensation program that is externally competitive and internally equitable and that rewards managers based on their performance. It is understood that the success of this plan is dependent on the mutual commitment and effort by both mid - managers and management. 2. SALARY SCHEDULES A. Salary Groups There are currently five (5) salary groups. The creation of any new salary groups that may be proposed by the City shall be a subject for meet and confer and the Association shall be afforded proper notice. Salary groups are as follows: 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 • Salary Grouo I IV Pl Classifications Salary Range Advance Planning Manager 485 Current Planning Manager. Assistant City Attorney Chief Building Official Principal Transportation Planner Supervising Civil Engineer Parks and Streets Manager Utilities Engineer Wastewater Division Manager Water Division Manager Accounting Manager Parking Manager Police Support Services Manager Revenue Manager Transit Manager Wastewater Treatment Plant Supervisor Water Treatment Plant Supervisor Administrative Analyst Fire Protection Specialist Information Systems Coordinator Personnel Analyst Principal Recreation Supervisor Solid Waste Coordinator (contract) Supervising Mechanic Wastewater Collection Supervisor Wastewater Reclamation Coordinator (contract) Water Distribution Supervisor Water Supply Supervisor Accounting Supervisor Arborist Building Maintenance Supervisor Customer Service Supervisor Golf Course Supervisor Industrial Waste Coordinator Parks. Supervisor Police Records Supervisor Recreation Supervisor Streets Supervisor Water Conservation Coordinator B. Salary Rances Effective January, 1994, the salary ranges are as follows: Renee Safery 485 $3728 - $4908 480 $3420 - $4700 470 $3140 - $4400 460 $2920 - $4150 450 $2700 - $3830 - 12 480 470 470 460 450 1 2 3 4 5 6 7 81 9i 10l 11'' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. PLACEMENT IN OPEN SALARY RANGE FOR NEW EMPLOYEES When an employee is appointed or promoted to a mid- management classification the department head, with the approval of the personnel director, may place the salary at or below the mid -point of the salary range. Placement above the mid -point requires the approval of the City Administrative Officer. Within the first two years of appointment or assignment, the department head, with the approval of the personnel director, may raise the salary of a new employee to the mid -point of the salary range based on the employee's sustained competent performance. 4. CLASSIFICATION PAY RANGE ALLOCATION GUIDELINES If a classification is reallocated to a lower pay range the incumbent's salary shall be frozen until it is not greater than the top of the new range. If a classification is reallocated to a higher pay range the incumbent's salary may be increased by an amount not to exceed five percent (5 %) if such amount is within the established range. The exact amount shall be determined by the department head with approval of the Personnel Director, with due consideration for current salary range, the employee's placement within that range and performance. 13 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. SALARY RANGE ADJUSTMENT In order to maintain a compensation program that is externally competitive and internally equitable, salary ranges shall be periodically evaluated and, if appropriate, adjusted. Adjustments shall increase the salary range only; salary increases for individual employees shall be determined based solely on performance. In the calendar years 1994 -95, there will be no increase in salary ranges. 14 O C 1 ARTICLE 9 2 SALARY SURVEY AGENCIES 3 4 For purposes of external comparisons the agencies to be used for review of 5 compensation shall be determined by mutual agreement prior to the next 6 negotiations. 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 10 CONFIDENTIAL EMPLOYEES 1. The Executive Secretary, (CAO), the Legal Secretary, the Executive Secretary, (Personnel), and the Personnel Assistant II positions are designated as confidential. Effective January 1994, the Confidential Employees shall receive a one (1 %) percent salary increase payable in one lump sum. This is in addition to step increases they may be eligible for. Effective January 1995, employees shall receive one and one -half (1.5 %) percent salary increase payable in a lump sum but related to a Pay -for- Performance Program to be developed on or before July 1, 1994. 2. Confidential employees shall receive overtime pay at one and one half their regular rate for all hours ordered by management in excess of 40 hours worked in a workweek. Holidays and sick leave will be counted as hours worked for purposes of overtime. Regular rate means the overtime base rate per FLSA guidelines. 3. Employees eligible for overtime pay may elect compensation in the form of time off, CTO, at the rate of one and one half hours for each hour worked, provided the following conditions are met. a) An employee shall be compensated in CTO only, if the department head approves such compensation. b) An employee may not be compensated in CTO for more than sixty hours of earned overtime in a calendar year. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28' C) Accumulated CTO not taken within the calendar year, shall be compensated in cash at straight time during December. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 11 PAYDAY n Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 0 1( 11 1� l� 19 jr V I V 1C 2( 21 2' 19 2� 24 2r 2( 2i 2E ARTICLE 12 CAFETERIA PLAN A. CONTRIBUTION Effective January 1994, the City shall contribute $400.00 per month for Cafeteria Plan benefits for each regular, full time employee covered by this agreement. Less than full -time employees shall receive a prorated share of the City's contribution. B: INSURANCE COVERAGE 1 PERS Health Benefit Program The, City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $16.00 per month for active employees and $1.00 per month for. retirees. The City's contribution toward retirees shall be increased by five (5 %) percent per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan provided to employees in their various MOA's. The cost of the City's participation in PERS will not require the City to expend ;additional funds toward health insurance beyond what is already provided for in 19 1 2 3 4 5 6 7 8 9 loll 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • the various bargaining agreements. In summary, this cost and any increases will be borne by the employees. 2. Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account.. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these.funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits. 3. Dental and Vision Insurance /Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 dental and vision plans, they may do so, even if they do not have dependent coverage under PERS. C. LIFE INSURANCE Mid- Management and Confidential employees shall receive $25,000 term life insurance coverage and a long -term disability insurance plan for recognition of their management responsibilities. D. MEDICAL PLAN REVIEW COMMITTEE The Association shall appoint two voting representatives to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non - voting representative to provide a wider range of viewpoint for discussion. The vote of each voting representative shall be weighted according to the number of employees represented by the association. 1. Duties and obligations of the Medical Plan Review Committee a. review and suggest changes for the City's flexible benefits plan. b. submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan c. disseminate information and educate employees about the City's flexible benefits plan d. participate in other related assignments requested by the City and its employee associations. 2. Miscellaneous a. The actions of the Medical Plan Review Committee shall not preclude the Association and they,City from meeting and conferring. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P. • 10 b. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and the Association. c. If changes to the City's flexible benefits plan are subject to meet and confer requirement, the City and the Association agree to meet in good faith. d. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive regular City health payment benefit for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero (0). 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 • C, ARTICLE 13 SAFETY PROGRAM The City shall continue a compensation program for safety representatives on the basis that each designated safety member shall be compensated at the rate of $10.00 per month. The description of the duties of a safety committee member shall be. designed by the Personnel Director or his /her designee.. The intent of the safety representatives is to assist the Personnel Director and the overall safety program in reducing accidents by reporting hazardous conditions. During the term of this agreement, both parties agree to meet and confer over a restructuring of the City's Safety Program which may or may not include an incentive or stipend 23 1 ARTICLE 14 2 WORK SCHEDULES AND ADMINISTRATIVE LEAVE 3 A. CONFIDENTIAL EMPLOYEES 4 5 This article is intended to define the normal hours of work and shall not be 6 construed as a guarantee of hours of work per day or hours of work per 7 week, or of days of work per week. 8 9 Employees shall be scheduled to work on regular workshifts having regular 10 starting and quitting times. Except for emergencies, employees' workshifts 11 12 shall not be changed without reasonable prior notice to the employee. 13 14 Neither callback nor overtime constitute a change in workshift. , All 15 references to accrual of vacation, holiday or sick leave in the Agreement 16 shall be interpreted as one (1) day being equivalent to eight (8) hours. 17 18 19 Employees shall be granted eight (8) hours per year of administrative 20 leave with departmental approval. 21 B. MID - MANAGEMENT EMPLOYEES 22 The employees in these classifications are part of the management staff of 23 the City and exempt from overtime compensation consideration. It is 24 recognized that their managerial and program responsibilities may require 25 26 time and effort outside the normal workday and may result in working 27 beyond a forty hour week. 28 24 1 2 3 4 .5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 G In consideration of these factors the managerial staff shall be afforded sufficient flexibility in managing their work load and time. Also, they shall be granted up to 48 hours per year of administrative leave in lieu of overtime compensation with departmental approval. No formal accounting of specific overtime worked shall be required. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22' 23 24 25 26 27 28 ARTICLE 15 SICK LEAVE A. Sick leave shall be defined as absence from duty because of illness or off - the -job injury, medical or dental appointments, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Rules governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of eight (8) hours per month for a full time employee and on a pro rata basis for a part-time employee. 2. Sick leave may be used after the completion of the month of service in which it was earned. -3. Sick leave shall begin with the first day of illness. 4.. Department heads shall be responsible to the City Administrative Officer for the use of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of 40 consecutive working hours by personnel in his /her department. Such proof may be required for periods less than 40 consecutive working hours where there exists an indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his /her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having W 0 1 2 3. 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action. 7. Any employee absent for an extended illness or other physical disability may be required by the Personnel Director to have an examination, by the City's medical examiner at City expense prior to reinstatement to the City service. 8. An appointing authority, subject to approval of the Personnel Director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs his /her job effectiveness or may endanger the health, safety or welfare of the employee, other employees,, or the public. Employees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to a contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of the Personnel Rules. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in'the services of the City, or any right of claim to sickness disability 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 benefits after separation from the service of the City. When an employee receives compensation under Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other compensation other than business or activity connected with his /her City employment. 12. Accumulation of sick leave days shall be unlimited. 13. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (a) Death - 25% (b) Retirement and actual commencement of PIERS benefits: (1) After ten years of continuous employment - 10% (2) After twenty years of continuous employment - 15 %. W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ARTICLE 16 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be. absent from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other relative living in the same household, provided such leave as defined in this section shall not exceed 40 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. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • o ARTICLE 17 FAMILY LEAVE A. An employee may take up to two (2) days (16 hours) of sick leave per year if required to be away from the job to personally care for a member of his /her immediate family. B. An employee may take up to five (5) days (40 hours) of sick leave per year if the family member is part of the employees household. C. An employee may take up to seven (7) days (56 hours) of sick leave per year if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. D. For purposes of this article,. immediate family is defined as spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other relative living in the same household. E. The amounts shown in A, B. and C above are annual maximums, not maximums per qualifying family member. F. In addition to existing leave benefits, full time or part-time regular employees working at least 1280 hours in the last year with at least one (1) year of City service are entitled to up to twelve 0 2) weeks of family /medical leave within any twelve (12) month period. Family /Medical leave can be used for: • A new child through birth, adoption or foster care (maternal or paternal leave). 30 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .15 is 17 18 19 20 21 22 23 24 25 26 27 28 C C • A seriously ill child,-spouse or parent who requires hospitalization or continuing treatment by a physician. • Placement of an employee's child for adoption or foster care. • A serious health condition which makes the employee unable to perform the functions of his or her position. 1. The City shall .continue contributions toward health insurance premiums during the leave even if the employee is in an unpaid status. Employees who receive cash back pursuant to Article 12, Section B. of this MOA will not receive that cash during the unpaid portion of their leave. 2. Employees must use all available paid vacation, compensatory time or administrative leave before beginning unpaid leave. The total of paid and unpaid time used for Family /Medical Leave cannot exceed 12 weeks in a 12 month period. Employees may choose to use sick leave taken as Family Leave, as allowed by this MOA, as part of their 12 weeks of. Family /Medical Leave. 3. For leaves taken because of the employee's or covered family member's serious health condition, the employee must submit a medical certification as soon as is reasonably possible. All documentation related to the employee's or family member's medical condition will be held in strict confidence. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 4. If an employee does not return'to work following leave the City may collect the amount paid for health insurance by the City during the leave. There are two exceptions to this rule: 1) The continuation of a serious health condition of the employee or a covered family member prevents the return. 2) Circumstances beyond the employee's control. 5. During the leave, each employee is responsible for paying the employee share of health insurance premiums. 6. Upon return from Family /Medical Leave, the employee is returned to the same classification and, if possible, the same position held prior to the leave. If it is not possible, the department. may place the employee where needed. 32 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O C, ARTICLE 18 VACATION LEAVE A. Each incumbent of a 40 hour week line -item position shall accrue vacation leave with pay at the rate of 96 hours per year of continuous service since the benefit date for the first five years, 120 hours per year upon completion of five years, 144 hours per year upon completion of ten years, and 160 hours upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days pro -rated to the number of regularly scheduled work hours. B. An incumbent is not eligible to use accrued vacation leave until after the completion of the sixth calendar month of service since the benefit date. C. A regular employee who leaves the City service shall receive payment for any unused vacation leave. D. Vacation schedules must be reviewed by management prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Management may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, management may approve a two month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year. E. Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A may have such time credited as 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sick leave under the following conditions- 1 . A physician's statement certifying that illness, injury or exposure to contagious disease has, occurred is presented to the supervisor upon returning to work. 2. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978 Series) F. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual rate. 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. It shall be the responsibility of the employee to plan vacations and receive departmental approval in a timely manner. G. All employees in this unit 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. H. Confidential employees shall receive the same accrual schedule and refund provision as Mid- Management employees. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281' ® C. ARTICLE 19 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on- the -job injury in accordance with State Workers' Compensation Law-and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by Workers' Compensation Law during the first 90 business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. 35 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 • o ARTICLE 20 PAYCHECKS PRIOR TO VACATION If an employee is taking vacation leave and wishes to receive his /her regular paycheck before payday, the employee must notify the Finance Department in Writing at least two weeks prior to the start'of vacation, provided the employee has sufficient vacation time coming to cover the pay period. M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21'' 22 23 24 25 26 27 28 u N ARTICLE 21 HOLIDAYS The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - _Martin Luther King's Birthday Third Monday in February - Washington's Birthday Last Monday in May Memorial Day July 4 - Independence Day First Monday in September - Labor Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving One -half day before Christmas Day December 25 - Christmas Day One -half day before New Year's Day Two Floating Holidays When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as eight (8) hours of paid time off for regular full -time employees. The floating holidays shall be accrued on a monthly basis and added to the vacation accrual. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261' 27 28 ARTICLE 22 RETIREMENT SECTION A The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit and the 1959 survivor's benefit; and one year final compensation. SECTION B The City agrees to contribute seven (7) percent of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee. It is understood and agreed to by the parties that the City "pick up" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven (7) percent of salaries will be added to the total compensation provided by the City to the employees. It is further understood and agreed to by the parties that payment of the seven (7) percent PERS contribution is made subject to I.R.S. approval of reporting procedures. 38 I 1C 1] 12 12 19 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O ARTICLE 23 REQUIRED FOOTWEAR Employees who are required by management and do wear, protective footwear for safety reasons shall be reimbursed up to $100.00 per pair of safety boots. Footwear shall be replaced and reimbursed on an "as- needed" basis' Approval for reimbursement shall be at the discretion of the employee's supervisor. This provision shall be administered consistent with the General Employee's Unit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • o ARTICLE 24 UNIFORMS Employees in the Mid- Management /Confidential Unit may elect to wear uniforms based on the individual requirements of the positions. Those who do so shall wear the uniforms or relevant parts thereof of the uniforms selected by the City as official uniforms. Any questions concerning this option should be discussed with the appropriate department head. 40 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C C ARTICLE 25 CLASS "A" PHYSICALS The City will pay for costs for physical exams not covered by city insurance policies required for those employees required by the City to hold valid Class "A" California drivers licenses. The City will reimburse the cost of the Class A drivers License that exceeds the cost of the Class C license for those employees required to hold a valid Class A California drivers license. The Class A renewal fee is $55.00 and the Class C is $10.00 Therefore, employees required to hold the Class A will be reimbursed $45.00 by submitting a claim with receipts through their department. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 26 TEMPORARY ASSIGNMENT An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his /her regular duties and position from which he /she was detailed. Such action shall have the prior. approval of the Personnel Director. An appointing authority may assign an employee to a different position for a period of time not to exceed six months, provided the employee has received 24 hours written notice which includes reasons for the assignment. 42 H V 1 ARTICLE 27 2 WORK OUT -OF- CLASSIFICATION 3 For the purposes of this article, an out -of -class assignment is the full - 4 5 time performance of all the significant duties of an available, funded position in 6 one classification by an individual in a position of another classification. An 7 employee assigned in writing by management to work out -of -class in a position 8 assigned a higher pay range which is vacant pending an examination or is vacant 9 due to an extended sick or disability leave shall receive no less than five (5) 10 11 percent, but in no case more than the top salary of the higher range, nor less 12 than the bottom salary of the higher range, in addition to their regular base rate . 13 commencing on the eleventh consecutive workday of the out -of -class 14 assignment. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 28 TRANSFER C Upon proper notice and concurrence by the City Administrative Officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he /she possesses the minimum qualifications as determined by the Personnel Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Administrative Officer orders the transfer for purposes of economy and efficiency. The employee shall be given five (5) business days written notice of the transfer including the reason for the change. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I ARTICLE 29 LIGHT DUTY ASSIGNMENT If an employee's medical condition temporarily precludes the performance of his /her normal duties and management determines modified work is available and necessary to be performed, he or she may, with medical authorization, be temporarily assigned to such work for a period not to exceed six months. No . change in base pay will result unless the duties to be performed are substantially greater or lesser than those normally performed by the employee and the employee's current pay rate is not within the pay range for the temporarily assigned work. Every attempt will be made to utilize the employee at -the highest level possible. The amount of pay and any change, if necessary, shall be determined with due regard for current- compensation, proposed duties, and estimated length of disability. 45 1 2 3 4 5 6 7. 8' 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 0 ARTICLE 30 AMERICANS WITH DISABILITIES ACT The City and Association acknowledge the passage of the Americans with Disabilities Act. It is agreed that the City shall take all necessary actions to comply with the provisions of this Act. If necessary, sections of this Memorandum of Agreement and /or the City Personnel Rules may be suspended in order to achieve compliance. 46 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ARTICLE 31 LAYOFFS LAYOFFPROCEDURE n In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall determine when and in what position classifications layoffs are to occur. The Personnel Director shall be responsible for the implementation of a layoff.order of the City Council in accordance with the procedures outlined below: A. After determining which job classification within a department shall be laid off, the order of layoffs shall be as follows: 1. Temporary and contract employees, in the order to be determined by the appointing authority; 2. Probationary employees (promotional probation excluded), in the order to be determined by the appointing authority; 3. Regular employees in the order determined by the following excerpt from the Personnel Rules and Regulations, 2.36.280 "B.,: a. "For regular employees, layoffs shall be governed by job performance and seniority in service within a 'particular department and job classification; that is, a regular employee being laid off shall be that employee with the least seniority in the particular job classification concerned and in the department involved who is in the 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 22 23 24 25 26 27 28 C 0 lowest job performance category based on the overall performance rating on the last evaluation form due prior to the effective date of the layoff(s). In other words, the regular employee in the lowest job performance category having the least seniority within the job classification to be deleted from a department will be the first to be laid off. b. In the event two or more employees in the same job classification are in the same job performance category, the employee with the least amount of service with the City shall be laid off first. C. Transfer to another department in lieu of layoff is authorized upon approval of the department needs, if there is a vacancy and,the employee meets the minimum job requirements. d. Regular part time employees shall receive prorated seniority credit. B. Laid Off Employees on Reemployment List. The names of employees who have been laid off shall be placed on the appropriate Reemployment List for one year. The recall of employees will be in reverse order of layoff, depending upon City requirements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o Reemployment lists shall be used for filling those classes requiring substantially the same minimum qualifications, duties and responsibilities of the class from which the layoff was made. C. Appointment of Laid -Off Employees to Vacant Class. An appointing authority may, with the approval of the department head and the Personnel Director and in agreement with the employee, appoint an employee who "is to be laid off to a vacancy in a vacant class for which he or she is qualified. D. Employees on layoff shall be offered reemployment in the inverse order of layoff, provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. E. Employment programs with special requirements will be administered in accordance with appropriate Federal or State guidelines and directives. F. The City will notify recognized employee organizations of the effective date of any reduction in force concurrent with the notice to the affected employees) pursuant to G, below and will meet and confer as to the impacts of the lay -offs. G. Notice of Layoff to Employees. An employee to be laid -off shall be notified in writing of the impending action at least sixty (60) calendar days in advance of the effective date of the lay -off. The notice shall include the following information: 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 • o 1. Reason for lay -off. 2. Effective date of layoff. 3. Employee rights as provided in these rules. H. Removal of Names From Reemployment Lists. The Personnel Director may remove an employee's name from a reinstatement list if any of the following occur: 1. the individual indicates that he /she will be unable to return to employment with the City during the life of the list; or 2. the individual cannot be reached after reasonable efforts have been made to do so. The City shall utilize certified mail when contacting individuals; or 3. the individual refuses two reemployment offers. Individuals shall have ten (10) days to respond to the offer of reemployment and an additional fourteen (14) days to return to work. K. Employee Rights And Responsibilities. In addition to others identified herein, employees affected by these procedures shall have the following rights; 1. Through prior arrangement with his /her immediate supervisor an employee who has been notified of his /her impending layoff shall be granted reasonable time off without loss of pay to participate in a prescheduled interview or test for other employment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. With the mutual consent of the employee and department head an employee who has been notified of his /her impending lay -off can separate from City service prior to the expiration of the sixty (60) day notice and receive payment for the remaining days. 3. An employee who has been laid off shall be paid in full for his /her unused accrued vacation leave on the effective date of the layoff. 4. An employee.who.has been laid off shall receive an additional months Cafeteria Plan contribution and three (3) months additional membership in the City's Employee Assistance Program following date of lay -off. 5. When an individual is reemployed he /she shall be entitled to: a. Retain his /her seniority date. b. Accrue vacation leave at the same rate at which it was accrued at the time of the layoff. C. Have any unused sick leave reinstated. An individual reemployed into the job classification from which he /she was laid off shall be assigned to the same salary range and -step he /she held at the time of the layoff. An individual reemployed into a job classification other than the classification from which he /she was laid off shall be assigned to the salary range of the new classification 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E at the amount closest to the salary he /she earned at the time of the layoff. An individual reemployed into the classification from which he /she was laid off while still a probationary employee shall complete, upon return to the job, the remaining portion of his /her probationary period, if any, in effect at the time of the layoff. Similarly, an individual who is reemployed shall complete upon return to the job the same work time he /she would have had to work at the time of the layoff to attain a higher vacation leave accrual rate or to become eligible for a salary step increase, if such changes are possible. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 33 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. The Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. In the event.any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request. M 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15I 16 17 18 19 20 21 22 23 24 25 26 27 28 u C ARTICLE 32 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 25 Prado Road, San Luis Obispo, California 93403; telephone: (805) 781- 7220). B. Management's principal authorized agent shall be the Personnel Director or his /her duly authorized representative (address: P.O. Box 8100, San Luis Obispo, California 93403; telephone: (805) 781- 7252). 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O ARTICLE 34 SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13.1 of City Resolution No. 6.620 (1989 Series). 55 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C ARTICLE 35 TERM OF AGREEMENT This Agreement shall become effective upon adoption of Council, except that those provisions which have specific implementation dates, shall be implemented on those dates and shall remain in full force and effect until midnight December 31, 1995. 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 36 RENEGOTIATION AND PERIODIC MEETINGS If the Association desires to negotiate a successor. Agreement, then the Association shall serve upon the City, during October of the fiscal year of the Agreement, its written request to begin negotiations as well as its written proposals for such changes. The request shall include those comparison cities the Association would like the City to survey. Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt of the notice and proposals by the City. 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -J ARTICLE 37 SIGNATURES N Classifications covered by this Agreement and included within this unit are shown in Appendix "A ". This Agreement becomes effective January 8, 1994, as witnessed hereto by the following parties. CITY OF SAN LUIS OBISPO OWIA /IT4 Ann Slate /Date Personnel Director SAN LUIS OBISPO MID- MANAGEMENT/ CONFIDENTIAL EMPLOYEES' ASSOCIATION Dennis Cox /Date Association President NEGOTIATION TEAM MEMBERS Ken Hampian Carolyn Dominguez Assistant CAD Accounting Manager Asa +: Kathy Koop Principal Recreation Supervisor Dave Smith Building Maintenance Supervisor Harry Watson Transit.; Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX A CLASSIFICATIONS A. MID - MANAGEMENT Accounting Manager Accounting Supervisor Administrative Analyst Advance Planning Manager Arborist Assistant City Attorney Building Maintenance Supervisor Chief Building Official Current Planning Manager Customer Service Supervisor Fire Protection Specialist Golf Course Supervisor Industrial Waste Coordinator Information Systems Coordinator Parking Manager Parks Supervisor Personnel Analyst Police Support Services Manager Police Records Supervisor Principal Recreation Supervisor M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v Principal Transportation Planner Recreation Supervisor Revenue Manager Solid Waste Coordinator (contract) Parks and Streets Manager Streets Supervisor Supervising Mechanic Supervising Civil Engineer Transit Manager Utilities Engineer Wastewater Division Manager Wastewater Treatment Plant Supervisor Wastewater Collection Supervisor . Wastewater Reclamation Coordinator (contract) Water Conservation Coordinator . Water Division Manager Water Treatment Plant Supervisor Water Distribution Supervisor Water Supply Supervisor .e A I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B:. CONFIDENTIAL Executive Secretary (CAO) Executive Secretary (Personnel) Legal Secretary Personnel Assistant II 61 0 n a k\oV G� too �� U DECLARATION OF TRUST IN WITNESS WHEREOF the Creator hereof and Grantor hereto and the Acceptors hereof, for themselves, their heirs, successors. and assigns, have hereunto set their hands and seals in token of the conveyance, delivery and acceptance of property, assets, or other things of value, and the obligations and duties as herein assumed as Trustees of said Trust and assent to all stipulations herein as imposed and expressed. CARMEN G. HOOD, qdcuccet . (SEAL) GRANTO - CREATOR GERARD LABOSSIERE, SAL) GRANTOR —C EA COUNTY OF Santa Barbara STATE OF California — I, Karen Milo a Notary Publ' administer oaths, do hereby certify that - --- Grantor and Creator hefore me finis day and acknowie-dged delivered the above and foregoing Trust therein set forth. r Date this the 16th day of Dec expires 2 -6 -95 C-il O�Santa Barbara i STa.T.E "r California I 1, Karen Mi 1n a Notary Public, 3n officerl 3U.horized b;r law to administer Oaths, do here By i certify that L,kRRv. HILL a Trustee of This Trust pe-son3!iy as-eared before me this day and 3cknoziedged that he igned, sealed and delivered file above and foregoing Trust indenture for the uses 3nd purposes`h ^.rein Set forth, and that this Trustee by his signature evidences the acceptance of the duties, obligations and faithful performance of sa:d Trust Indenture. Dated this the 16thday of I� 19 92 Notarial commission expires 2 -6 -95 O `�cia1 Signature 0 dc, an officer authorized by law to Gerard Labossiere and of This Trust personally appeared that *he* signed, sealed and Indenture for the uses and purpose n, Signature Notary Public - Cd:iornlc PRINCIPALCF:ICS!" '1 SANTA BARBARA CC U My car nmi mon Exp(cs -ems. C. tee OuNT'f OF Santa Bar a :lOP California Karen MilA , a N,;t3ry Public, an Office[ by !aa to administer oaths, ii hereby certify that GE "!,RD LIBOSSIEPB Trustee of ?his Trust personally appeared before me. this day and edged that he sinned, seaizd and - delivered the above and foregoing Trust indenture for the uses 3nd pUCpOSeS ,n Set IOi and that th15 TCUSt2f ti - 3 by his Signature evidences the acceptance of the defies, obligations and faithful performance of said Trust Indentu e. Dated this the 16th day Dec 9 92 Notarial commission expires 6-15t` finial Signature GENERAL SERVICESIPURCHASING 1100 ANACAPA ST., COURTHOUSE SANTA BARBARA, CALIFORNIA 93101 OUNTY OF SANTA BARBA' ' Contract NO. 8590004 i - DESCFitPT10N u QUANTITY DATE: 07/31 /91 REFER INQUIRIES TO BUYER: c a � COUNTY OF SANTA BARBARA Clarice Treiber 2691 T' gLlF08� SERVICE, W_,nL,A= Hi SERVI PHONE (805) 568-2690 tY 300 San Antonio RG Santa Barbara CA 93110 - V Santa Maria Taal T�1 AL: 275-0 West Petteravia _ Rene,,ei cf contract for TAXI SS RV_TCM per�i� and ti s N 8 HCS- pircmC FiFmmL SEItVIcr, Santa Maria C-,%, 93455- � General Accounting ft?.ACP PERIOD: 300 San Antonio Rd Santa Barbara CA 93110 - L T IJuly for O Page 1 BID NUMBER PRICE SOURCE DELIVERY REQUIRED BY TERMS $25,,000.00. RCA POINT _ COMMODITY Net 30 Destination 1 859 -00 DEPT. NO. ORDER NO. VENDOR Na DEPT. RED. NO. PY e1 3 -6 7 -6 315 .e original Standard Ccrnditicros apply. 5210 00 8590004 023 722164 oos 037- 017 006 1. THE ORDER NUMBER AND BILL TO DEPT. NAME SHOWN ABOVE MUST APPEAR ON ALL INVOICES, SHIPPING PAPERS. PACKAGES AND CORRESPONDENCE. 2. MAIL INVOICES PREPARED IN TRIPLICATE UNLESS INDICATED OTHERWISE, (INCLUDE YOUR TAXPAYER I.D. i ON INVOICES TO THE COUNTY), TO THE "BILL TO" ADDRESS 3. SEND MANIFEST OR MEMORANDUM OF SHIPMENT WITH GOODS. a. NO CHARGE FOR PACKING OR DRAYAGE WILL BE ALLOWED EXCEPT WHEN SPECIFIED IN ORDER. 5. IF ORDER CANNOT BE FILLED WITHOUT DELAY ADVISE PURCHASING AGENT IMMEDIATELY. 6. NO MERCHANDISE SHALL BE ACCEPTED FOR RETURN OR EXCHANGE WITHOUT APPROVAL OF THE PURCHASING AGENT. 7. NON - DISCRIMINATION IN EMPLOYMENT. SEE REVERSE E HAZARDOUS CHEMICALS — SEE REVERSE ITEM - DESCFitPT10N u QUANTITY UNCf SERVICE, W_,nL,A= TEL .SC..V1C.C.+ T�1 AL: _ Rene,,ei cf contract for TAXI SS RV_TCM per�i� and ti s ied in attached Conn`�ract for Professional S ft?.ACP PERIOD: 1, 1991 through Jame _'.C, 1992. IJuly for L12, .�': AT EWS: Total exoiandi ure the period shall exceed $25,,000.00. y increase or decrease in this total amount may bee a ized only itten notice fran the County Purchasing Agent. .e original Standard Ccrnditicros apply. TO CMTRAC:I'OR: Prior to perforn3nce it is manna that SI ( see X ow) AMID Ilg,M! ��ILRi4 5 �N'P TO OQJNI'Y PURC2AS17. ted By: (X) Date:— itle• / Cax ID 1r:/ SS q : 7 ® r0 Cmtractcr License#� PA -131 (Rev. 7/91) ORIGINAL COUNTY OF SANTA BARBARA ( /JANEf//.T. BELCHER, C.P.W PUURJRC,H,ASIIPG AGENT BY SAN LUIS OBISPO FQLICE DEPT. TAXI DRIVER PERMIT Name .Arthur Edward Pelino ' - --- - - - - -- - ----------------- Addren 2465 Mustang Dr.t -------- Chauffeur Lic. No. N059 -102 9 ------------ Age-_38---- Date of Birth- Height---610" _ ------ Weight Weight220 Eyes ----- Blue - - - - -- Hair ---- Brown___ Date Issued -- - - ---- -- -93 Employer _-Yellow -Cab-of Five Cities James_M. Gardiner -------------------- Chief of Police Jan Spurr, Records By----- - - - - -- SAN LUIS OBISPO POLICE DEPT. TAXI DRIVER PERMIT i N ame.- Hodges Address l_CalTe- Toaquiri;-SLV -"' -- ChChauffeur Lic. No. N ---- -- Age —_ �- - ----- - --- -- 3 _L__ Data of Birth__ ?.8cb2 Height _5 g �� - - -- -- We* 150 own _ �_ grown are Issued __10_14_43 ------------ - - - - -- l np>oyat Y�11p dab szf_F�tie_�itilr 1ag*&_X._rda.ner Chief of Police By J_ Spurr, ,olice Records Clk I, F i3 7 ti - .0 i2 '1 'a 1 I I T; 3 " SAN LUIS OBISPO FQLICE DEPT. TAXI DRIVER PERMIT Name .Arthur Edward Pelino ' - --- - - - - -- - ----------------- Addren 2465 Mustang Dr.t -------- Chauffeur Lic. No. N059 -102 9 ------------ Age-_38---- Date of Birth- Height---610" _ ------ Weight Weight220 Eyes ----- Blue - - - - -- Hair ---- Brown___ Date Issued -- - - ---- -- -93 Employer _-Yellow -Cab-of Five Cities James_M. Gardiner -------------------- Chief of Police Jan Spurr, Records By----- - - - - -- SAN LUIS OBISPO POLICE DEPT. TAXI DRIVER PERMIT i N ame.- Hodges Address l_CalTe- Toaquiri;-SLV -"' -- ChChauffeur Lic. No. N ---- -- Age —_ �- - ----- - --- -- 3 _L__ Data of Birth__ ?.8cb2 Height _5 g �� - - -- -- We* 150 own _ �_ grown are Issued __10_14_43 ------------ - - - - -- l np>oyat Y�11p dab szf_F�tie_�itilr 1ag*&_X._rda.ner Chief of Police By J_ Spurr, ,olice Records Clk S TA BARBARA COUNTY HEALTH CARE SERVICES CONTRACT FOR PROFESSIONAL SERVICES WITH SANTA MARIA TAXI 1) RATES: 1) Flag drop is $2.00 + mileage of $2.20 per mile less. 2) There will be a $5.00 charge without discount for a "no ride" when a client orders a taxi and then doesn't use it for any reason. 2) TERM: 7/1/91 to 6/30/92. Either party may terminate or modify rates only upon 30 days written notice. This P.O. contract shall be automatically extended for a period not to exceed 3 months from its termination date under the same terms and conditions unless either party terminated the contract during the extended period with 5 days written notice. 3) BILLING: Monthly billings shall be submitted by the twentieth (20) day of the following month to the MSSP Accountant, Santa Barbara County Health Care Services, 300 North San Antonio Road Suite A -104, Santa Barbara CA, 93110. The billing must include the breakdown by individual client of the services offered for the previous calendar month 4) RECORDS: A) CONTRACTOR shall maintain complete financial records that clearly reflect the cost of service in accordance with generally accepted accounting principles that evidence proper audit trails reflecting the true cost of the services rendered and costs incurred. Statistical data shall be kept, and reports shall be made as required by the MSSP program. All records shall be maintained on a basis compatible with the contract period and shall be available for inspection by the designated auditors of COUNTY or State at mutually agreeable times during normal business hours. B) CONTRACTOR agrees that MSSP Director or designee may at any time review and investigate records, manuals or procedures regarding performance of this contract. Evaluation of CONTRACTOR'S Program will be conducted by COUNTY on a regular on going basis, and CONTRACTOR agrees to participate fully in the evaluation procedure. J E SANTq- 9 Z; COUNTY OF SANTA BARBARA • HEALTH CARE SERVICES . ?� a 300 N. San Antonio Road u Santa Barbara, California 93110o(805)681-4200 FAX Number (805) 681 -5191 August 4, 1992 Dear Service Provider: There is a wonderful opportunity for your agency to become involved in the fight against HIV /AIDS. Santa Barbara County HIV Care Consortium has worked in this community since 1991 planning for the organization and delivery of IIIV- related health care and support. As a response to the availability of federal funds, the consortium has actively solicited broad based community involvement in the planning for and delivery of services based on identified needs of people living with the HIV infection, their friends and families and care givers. Those needs include (but are not limited to) mental health counseling, benefits assistance, acupuncture, emergency housing assistance, food and personal care items, early intervention counseling, short - notice transportation, and child care. We are looking for agencies /professionals who are interested in coordinating and /or assuring access to such services (case management) and others who can provide the services for a cost (fee- for - service providers). Attached is a definition of case management and requirements of case management agencies and fee - for- services providers along with applications. Both case management and fee -for- services applications are available in the enclosed packet. If you are interested in providing/expanding services to persons living with HIV, please return the appropriate application (case management and /or fee - for - service) to: Jayne Brechwald Health Care Services 300 San Antonio Rd. Santa Barbara, CA 93110 Applications will be accepted on an on -going basis. New providers will be selected as needed. The process of selection is stated in the attached sheet. If you know of other agencies who may be interested, please have them call me. For more information please call Jayne Brechwald at 681 -5365. Sincerely, Jayne Brechwald, M.P.H. Director Health Promotion and Education JB:rem Definition of Service Authorization System The Santa Barbara County HIV Care Consortium has created a Service Authorization System for the provision of certain direct services to clients who are people with AIDS/HIV and their families. Under this system, clients receive case management services from agencies that coordinate their care. These Approved Case Management Agencies can then refer clients to Approved Fee For Service Providers for specific services. Service Categories, Standards and Reimbersement Mental Health Counceling Individual Therapy performed by licensed providers Reimbursement is at the rate of $25 per weekly session with quarterly review with case manager. Services are available for people with H1V /AIDS, also services are available to family members for AIDS- related mental health issues. Support/Therapy Groups Reimbersement is at the rate of $25 -35 hr per weekly or bi- monthly group of up to two hours per session. Groups can be for people with AIDS/HIV or family members. Group facilitators should be licensed and experienced group facilitators. Transportation Transportation services are needed for short-notice transporting of clients. Rates will be negotiated with each approved provider. Childcare Childcare services are needed for short-notice care of children of HIV- affected parents. Childcare providers must be licensed. Rates will be negotiated with each approved provider. Acupuncture Acupuncture services are needed for people with AIDS/HIV. Reinbursement is at the rate of $15 per weekly session. A $25 per month maximum per client per allocation is available. Providers must be licensed individual providers or approved supervised training institutions. f . .IiR. Goff FaV lft San LUIS Obispo _..y Clark Caeca Cats fa Publication :-I 1Wk Coot for Atbmey at .tk - .*W Cogf for Finn Malang Fi gftkxm IIENSORM p m ZC� r A - � Lit.' MnFIED COPIES 10 (hve or`Pdri ` . _ _ DEC Name GC i 7-iC41S T Sass S ,BrD,rluJ•e� Address city SSW S/q A&el a.. �,� 9JyS �1 fRAIICI6 M. IEI', OOUNII' CI iR!( By &RAWY REUS ?a S- 91s Z 7Z 7 Phone No: FICTITIOUS BUSINESS NAME STATEMENT �(,p�mtA- Transacting Business Date /o7 –.? 49 -9 2, THE FOLLOW NG PERSON(S) IS (ARE) WNG BUSINESS AS: aa" • ✓P •PP s 'rO �u Fie! ous uSin S Nap,S T or ♦ tM /4 oil Street Address, City & State Principal p5te of Business in Califomia 'Zip CodeK 2. /of 3'• Full Name of Registrant (Type or 'nt) Full Name of Registrant (Type or Print) c- c r 7leal r Residence Address . �&vdlw / Residence Address ZZSS" S ;& city � ,/ State pZp /V,/, �a lY) Ctty State Zip . �-uY. yrq (If corporation, show state of incorporation) (If corporation, show state of incorporation) Full Name of Registrant (Type or Print) Full Name of Registrant (Type or Print) Residence Address Residence Address City State Zip City State Zip (If corporation, show state of incorporation) (If corporation, show state of incorporation) 4. This business is conducted by (CHECK ONE ONLY) 5.A •••• ( ) n individual ( ) a limited partnership Sig Qiks ;� /♦ d_ /� �—r�s () i ndividuals (Husband & Wife) () a corporation•^ ( ) a general partnership X business trust ( ) an unincorporated association other than a partnership Type or Print 5.B .f1 Corporation Name Signature & Title Tvoe or Print Officer's Name & Tittle This statement was filed with the County Clerk of San Luis Obispo County on date indicated by file stamp above. —FIVE CRIES CEFI IFICATION I HEREBY CERTIFY THAT THIS COPY IS A CORRECT COPY Timesl wi Wex OF THE ORIGINAL STATEMENT ON FILE IN MY OFFICE. Baia dwuh Dam oinp; --dbW :w, FRANCIS M. COONEY ' Armre aiaM.. Owwr a0' • enrt; o,,Doane !,Npaeo 711Yr ereg % Atl Ban tub oa.er cum .. .. SOUTH 000NTY f OMPANY,a .PUSL1SHINGi Pfard.Lgy�ptC 11�%�Atl 2y(� d fa��t3�randL1b /841208 Expires on , - ;TAA' ��.. (") This business was conducted by: ( ) an individual ( ) an unincorporated association ( ) individuals (Husband & Wife) other than a partnership ( ) a general partnership (xxka corporation ( ) a limited partnership f (� (,r) -a business trust .� Signe44_71)aAa_, �7 .CLt Imo kze Type or Print Marie G. Gieseke - President This statement was filed with the County Clerk of San Luis Obispo County on date indicated by file stamp above SEE REVERSE SIDE FOR INSTRUCTIONS $,,White Copy for Filing with San Luis Obispo wunty Clerk $Bank ... .._ `QW'.Copy kW 6dWual Signing Statement STATEMENT OF ABANDONMENT OF USE OF FICTITIOUS BUSINESS NAME NEW FILE NO. 9Z - 2- o S'3 " . OLD FILE NO. 86 -1951 (r;ynpR9ED) Fictitious Business Name: _ Yellow Cab of Five Cities 850 Sheridan Road #B, Arroyo Grande, CA 93420 Ric so (STREET ADDRESS OF PRINCIPAL PLACE OF BUSINESS) Ci'L'i �,fiF.n The fictitious business name referred to above was filed in County on �W^ Feb 3 1987 The following person (persons) have abandoned the use of the fictitious business name: (•) �• Mr. Limo, Inc 2• °} (FULL NAME - TYPE/PRINT) (FULL NAME - TYPE/PRINT 850 Sheridan Road #B (ADDRESS) (ADDRESS) Arroyo Grande, CA 93420 (CITY) (CITY) 3. 4. (FULL NAME - TYPEIPRINT) (FULL NAME - TYPE/PRINT (ADDRESS) (ADDRESS) (CITY) (CITY) (") This business was conducted by: ( ) an individual ( ) an unincorporated association ( ) individuals (Husband & Wife) other than a partnership ( ) a general partnership (xxka corporation ( ) a limited partnership f (� (,r) -a business trust .� Signe44_71)aAa_, �7 .CLt Imo kze Type or Print Marie G. Gieseke - President This statement was filed with the County Clerk of San Luis Obispo County on date indicated by file stamp above SEE REVERSE SIDE FOR INSTRUCTIONS (ENDORSED) -�= FILE f 1Nhlte Copy for Fling with San Luis Obispo County Clerk � Canary Copy for PuOlication VWCopit for Attorney or Bank DEC $0 hold Copy for Indwidual Signing Statement STATEMENT OF ABANDONMENT OF USE OF FICTITIOUS BUSINES��� ' ,� QRpNCY iIB.IS NEW FILE NO. �— y� OLD FILE N0. 91 -729 DEPUTY CLERK Fictitious Business Name: 1. Yellow Cab of Cambria 2. Yellow Cab of Cayucos 3. Yellow Cab of Morro Bay 4. Yellow , Cab of Los Osos 5. Yellow Cab of Templeton 6. Yellow Cab of Atascadero 7. Yellow Cab Paso Robles (STREET ADDRESS OF PRINCIPAL PLACE OF BUSINESS) The fictitious business name referred to above was filed in County on March 28, 1091 The following person (persons) have abandoned the use of the fictitious business name: (•) �• Mr. Limo, Inc (FULL NAME - TYPE/PRINT) 850 Sheridan Road #B (ADDRESS) Arroyo Grande, CA 93420 (CITY) 4, \ (FULI..NAME - TYPEIPRINT) (ADDRESS) rej (FULL NAME - TYPEIPRINT i (CITY) (") This busin ss was conducted by: ( ) an individual ( ) individuals (Husband & Wife) ( ) a general partnership ( ) a limited partnership AA-- (ADDRESS) (CITY) (FULL NAME - TYPE/PRINT (ADDRESS) (CITY) ( ) an unincorporated association other than a partnership kx* a corporation ( ) a business trust Type or Print Marie G. Gieseke - President This statement was filed with the County Clerk of San Luis Obispo County on date indicated by file stamp above SEE REVERSE SIDE FOR INSTRUCTIONS 5: IED white Comer for`Rh'ng with San Luis Obispo County Clerk v C 30 ` !Pf 911blication br ry or Bank z .. tiotd py for dual Signing Statement RiAYfrK��Y.CfIi71�YC�K - STATEMENT OF ABANDONMENT OF USE OF FICTITIOUS BUSINESS NAMEPY. TYLLKS NEW FILE NO. 0'-/ � OLD FILE NO. 87 -1845 Fictitious Business Name: Aklerican Limousine 850 Sheridan Road #B, Arroyo Grande, CA 93420 (STREET ADDRESS OF PRINCIPAL PLACE OF BUSINESS) The fictitious business name referred to above was filed in County on 12 -7 -87 The following person (persons) have abandoned the use of the fictitious business name: r (•) �. Mr. Limo, Inc 2. (FULL NAME - TYPE/PRINT) (FULL NAME - TYPE/PRINT 4 850 Sheridan Road #B (ADDRESS) (ADDRESS) Arroyo Grande, CA 93420 (CITY) (CITY) 3.. 4. (FULL NAME - TYPEIPRINT) (FULL NAME - TYPE/PRINT (ADDRESS) (ADDRESS) (CITY) (CITY) ( ") This business was conducted by: ( ) an individual ( ) an unincorporated association ( ) individuals (Husband & Wife) other than a partnership ( ) a general partnership Xx* a corporation ( ) a limited partnership � � ( ) a business trust Signed, /liit t. 1 Q�1 O i Type or Print Marie- G. Gieseke - President This statement was filed with the County Clerk of San Luis Obispo County on date indicated by file stamp above ..SEE REVERSE SIDE FOR INSTRUCTIONS Requirements for Fee For Service Providers Fee For Service Providers will provide specific agreed upon service to clients referred by Approved Case Management Agencies. Fee For Service Providers must: • demonstrate experience providing identified services • demonstrate a willingness to provide services to people with HIV /AIDS and their families • be willing to establish working relationships with Approved Case Management Agencies serving this population • maintain appropriate licensing and adequate general liablility and where applicable malpractice insurance • maintain accurate documentation of authorized services provided • submit timely invoices to the Consortium's fiscal agent The Process The intent of this model of service delivery is to allow access to all populations affected by HIV, while maintaining a manageable number of providers. While the intent of the State's guidelines is to provide services through the coordination and expansion of existing programs prior to creating new programs, we strongly encourage all providers who are interested in providing the indentified services to apply. Completed applications are to be submitted to the Selection Committee who will review applications and make recommendations for approval or denial to the full Consortium who will make the final decision. Applications for Fee For Service Providers will accepted on an ongoing basis. 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T p r y a m m m 8 r z o rn ❑ o C DD m = O � O M, m} �1 \/ O jj z m < v `( O, W Cam: ^ ✓ -zi 9 00 we qe Peil9uepl awnpo=A puv aspoo OW 10 suggr.Qld ' 041 4p�• proms ul pwa^f;m n pwledw en pus odAl panmddv ue 10 WO &OV PB>toe40 Swell oW MW NWT AgweU I 'Ip�tl eNWwolrry W newng ew Aq paplAwd swnpwwd pus apoO d 4 B '�O epl4eA '0V3 91 OpLL pus El elgl ul pepV&W ov }Iedw m Weu}Isnlpv 'uolnedeul eppnllddo eW pewloped "94 1 sdwel do -)pee adwvl wds ❑ adwal eels ❑ edwvl UOPOUMMA ❑ pegedou jo pelaedsul I ❑ ❑ ❑ uaens MOO IMMLIDOW o3sn u3wly do 3wu c14611 834611 eu swan auNp 1/ sW6lipse I3U0 — A 0- - 2sab 7 'ON 3sN3On 31011 aduml weld aeuo011�f edwel SuW ivA10 wopapu smuft ed6L oS ❑ adwsl ddls� pwals �d duMdW eftm Amu � edwsl eouwaeWW duel Ieualuppv Apluen mope PGNalp �aB e1014eA Pelotulsu0oey 10 u011> M08H ❑ luewnooa luewe31o1u3 10 eouele813 ❑ °od lladey wel"S bu114611 ❑ rv8ed luewdmb3 6u114611 penwddV 'Ig Q H luewwnfpV dwel ❑ woiMoBlYaO ao esodind �'✓��A V VJJ/1/ V3NAU �I 'ON NOI1V!l1SIO 1301 ITTH urod3u LH do mmns 40 O1N3W1LV,J37R 1N3YII1snMV dWVI — 1NMisnrOV d0 31VOL -J H33 zz- 1 C9m OS J 6C.4 � --�, —bQ • (L916 'A3tl) WWLL 01103dSNi 30 31V0 JHn1VN015 1St1fOV OPOO 21on1aA mwople0 rnp to sjuawombaialqujiludU a41 41M A4dwOO uiaiaq paqnosap cc SOJOl4an to uo4eulgWOD JO alOigan a41 uo luawdmba Patu,DOSSU pue sagwq 941 Ie41 sag4}aO S141 100M adAl DIOI40A p qdw OZ le dols of paionbai lael —Isa1 peOH SNOl103NNOO ❑ W31SAS VNIddO1S A0N3083N31:Er Swnuaq • 3AIVA A131VS ❑ 9AIVA NO3HO C] S30HS ONV ONINII &g HON83A00 HIV ❑ 30nvo WnnOVA /NIV �❑--y 3HVH9 OWHHVdg 33tA30 AVMVNV3H8 ❑ 301A30 EJNINHVM o0 3NV89 301A83S io luawdmba pwmbaH Id WawlsnlpV to uappuoo A}oloepileS Apluapl molae P9> aa40 Saxos mIm13 ,�// iaUl Ie�ue4OaN ap71'(a� alomlWO f u gellsl6 ].;neipAH Iuawn000 luawaanW3 10 904eleai umnacA IuawlsnlpV aHcie ❑ 'V NOI1V0IjI1830 30 3SOd8nd ue6iH IpV d5ul �Al ialsnlpV alcig pasuaorl Aq (X) paleoipul ae pe4S swap algeogddV e Q5/ 711 6��sSsf ���n�t ��v�ar� 1 N 3SN301I 3IOIH3A ON NOIIVH1S1038 HO NOIIVOI311N301 3 IH3A 8 Z E z 8 Z TC Y 3ntiotnoinv do nv3una t LqVd3a 1N3rusn ov 3xvu9- 3ONVIldnoo :iv -1430 CERTIFICATE OF COMPLIANCE —BRAKE ADJUSTMENT DEPARTMENT OF ... c . O � BUREAU O F AUTOMOTIVE REPAIR A- 1182317 VEHICLE .MIDENTIFII V/Q O� I�T�gyJQTJp/jJ��[JQ VEHIC}.E J,ICF_NSE,fJ$� � / rMElilmt�lIR �/�y [ /%fSlc' I /�/�7_�� MAK( /j��7 Y(� Applicable "ems Shall Be Indicated (X) by Licensed Brake Adjuster Type PURPOSE OF CERTIFICATION Insp Ach Repair Aa ❑ Brake Adjustment vacuum ❑ Clearance of Enforcement Document Hydraulic Registra oA o Rene o�ucl�ye cle Mechanical Other Eleckc Boxes Checked Below Identify Satisfactory Condition or Adjustment of Requued Equpment �. SERVICE BRAKE eo WARNING DEVICE ❑ BREAKAWAY DEVICE PARKING BRAKE ❑ AR /VACUUM GAUGE ❑ AIR GOVERNOR { LINING AND SHOES ❑ CHECK VALVE ❑ SAFETY VALVE JPDRUMS `EMERGENCY STOPPING SYSTEM ❑ CONNECTIONS Road Test —feet requir d to stop at 20 mph Vehicle Typa �� Weight i This certifies that the brakes and associated equipment cn the vehicle or combination of vehicles as 1 described herein comply with the applicable requirements of the California Vehicle Code. ADJUjVJR'S SIGNATURE A a DATE OF INSPECT�N i 77M-40 (REV. 9/87) i a n i 90 98687 CERTIFICATE OF ADJUSTMENT — LAMP ADJUSTMENT �EV11aTMENT 00 BUREAU OF AUTOMOTIVE A- 1.1'[5368 _fc VEHICLE I VEHICLE M A 11 n M 1 TION NO r� uZ/ IOC G T�L.IL (�( �3 876 �i,c� {O! Yor Purpose of Certification: Insp Ad). Repair ❑ lamp Adjustment Headlights �. Appro'ved Lighting Equipment Driving U" Passing Lights ❑ Lighting System Repair Fog Lights ❑ Clearance of Enforcement Document TYPE OF AIMER USED Mechanical Optical Screen ❑ Registration of Reconstructed Vehicle ❑ ❑ Bo><ea Checked Below Identify Addltbnal Lamp Equipment Inspected or Repalred ante Lampe Rear lamps ❑ Identification Lampe -. Lamp Type Signal stop Lamps ❑ Side lamps Semaphore Type Signals 1jRallectm 4 Spot lamps I have performed the epplleable Inspection, adivalment W repair u provided In Title 13 and Title 18 CAC, ' Vehicle Code. B & P C ode, erW Procedures provided by the Sureau of Automotive Repair. I hereby eertly, that the lams checked above are of an approved type and are repaired or ediusled in eccad with the provisions of the codes and procedures Identified above. -;;7— 3 ADJOT i -S �C �(. / Qom! ISiATIC�N ENS9 A7 ) 0 -..0- P 0 2 2 2 2 O n n n n O m x x x x c89r m' O EA i mca m y <e- a s a s _ m N9 . c Q ° m c7 m ° z m m y m to r a x a x M ss y O m x m rim mc�c'r834�$m mac �m g�ar s Z Z = rn v Z O $ 3: �fz $m 35um m 31Q <m8 Z A y > O 9 m Soiy�'$4Ryc+�'O+@ & pm& m r a 9yr911Dt1�v °4'g,° a j m m m Cy] g s m T M AM5' C s 2 r'6 ion :Z - 7Mo m' O m m "i �im m t71 D in ra z {m � Vm0 C z o M s 3 � N o e5$ 3 � 04 0 0 o � T zZ i v�j�j pms Oy 1H-F�Y @ @ @m acm v n7 �. <mm3 S � m mo� om z f in R 0 s M m N z m m D >7 a f0 Q m m v, a u N m n m a Oi 71 < O m O Q A < z o CA) m m ❑ ❑ ❑ ❑ ❑ ❑ Ja fv r rn m m D a Z � z 0 Z`_ m 0) �j 1 f m< M F D m m m 1 G) z G) z T �» m C m m —+ D D e e n 0 M D m D S y M z �, CID m y n J. mr CD Z (n m m 70 It! CD A 3 m g g S m 4 31; ooioR R� $ 5$3 0 Z �^ y m rn 1 Cn m to 1 D to c On y v � sg 3 g 3gSye' m 0 T^ 1 + 0 _ D v 0 _ D z M cArt O g m 9 r v `�$a Tm.Q Q.ga$. $$ ATM 0 � IV ❑ n ❑ i) n g '9'a O D m F, 9W..i _ m n <3 9 3 m R y c m OXO g3 S 0r D m' ; x 4` E 4m M m Z m D CO 888 a x = zo O �/ 3 A a 0 B ::I •. e Q0_ R o �.. N �, sa.3= c o r m P y in ro m mg s� m O 9 �m aim 9 ❑ e r p5p S � m r p < om�f w i v i v w ❑ m o m z y m ' is = 0 O < @ In s Q`. 1: g Z ''+ ❑ �' % m to ° N �' m —4 M ) 0 -..0- P 0 RESOLUTION NO. 8257 (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY of SAN LUIS OBISPO GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CENTRAL COAST TAXI TRUST FOR THE PURPOSE OF PERMITTING TAXICAB SERVICE IN THE CITY OF SAN LUIS OBISPO WHEREAS, Central Coast Taxi Trust (CCTT) desires to provide taxicab service in the City of San Luis Obispo; and WHEREAS, CCTT.has filed an application for Certificate of Public Convenience and Necessity with the City Clerk's Office pursuant to Municipal Code Section 5.20.030 (Exhibit "A" attached); and WHEREAS, the public convenience and necessity require the granting of a Certificate of Public Convenience and Necessity, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby grants a Certificate of Public Convenience and Necessity to CCTT (dba Yellow Cab of Five Cities) for the purpose of permitting taxicab service in the City of San Luis Obispo pursuant to and contingent upon compliance with Municipal Code Chapter 5.20, and authorizes the City Clerk to issue a taxicab permit for each taxicab now complying with Municipal Code Chapter 5.20 within the City. On motion of Settle , seconded by and on the following roll call vote: Romero .AYES: Council Members Settle, Romero, Rappa, and Mayor Pinard NOES: None ABSENT: Council Member Roalman the foregoing resolution was passed and adopted this 4th day of January , 1994. R -8257 Resolution No. 8257 4 Series) Page 2 V ATTEST: ��� MAYOR &IG P INARD Z40 ME � APPROVED: . / /L.. �wi�y; \cabagnda by �~� ', �w�� � ����L �.�i �` c% �,.� � -,cL' ,v ,�,� �� ;� �� ��� ,, �. Mr. Harry Watson Transit Manager City of San Luis PO Box 8100 San Luis Obispo, Dear Mr. Watson: Tanuary 1, 1993 Obispo CA 93403 Re: Application for Certificate of Public Convenience & Necessity Due to the recent acquisition of Yellow Cab of Five - Cities from Mr_ Limo, Inc., by the Central Coast Taxi Trust (CCT Trust), at this time we are asking for a Certificate of Public Convenience & Necessity. We take this method to provide such information which you may use to determine the approval of said certificate. OWNER: CCT TRUST dba, YELLOW CAB OF FIVE CITIES, SANTA MARIA TAXI, AMERICAN LIMOUSINE. CCT Trust is a California Business Trust. It's principal.trustees are: GERARD LaBOSSIERE, Trust Administrator, Trust Secretary, Trust Treasurer, General Manager, Trustee, 2255 S. Broadway #1, Santa Maria, CA 93454 (805) 927 -6525 LARRY HILL, Trust Administrator, Trust Secretary, Trust Treasure, General Manager, Trustee, 2255 S. Broadway #1, Santa Maria, CA 93454 (805) 927 -6525 NUMBER OF TAXICAB VEHICLES AVAILABLE• FIVE Description Automobile License Number Number 7// 1982 Plymouth AMRICN7 Number 14 ✓ 1974 Checker 3076607 Number 15 1980 Ford 3F00856 Number 19 ✓ 1982 Ford 1FTZ246 Number 28 ✓ 1983 Mercury Y382428 16 DESCRIPTION• Each taxicab on each side Cab of Five is painted is the logo Cities. PROPOSED RATES: 0 a distinctive yellow color. On the doors of a checked square within is the Yellow The proposed rates are follows: $ 2.00 Flag Drop $ 2.00 Per Mile $28.00 Per Hour Waiting Time NEED: Due to the needs of door -to -door transportation services available to our elderly and disabled citizens, and the increased DUI and penalties attached to a DUI, there exists an immediate need for the continuity of taxicab and dial -a -ride services in our community. The essential need for this continued service benefits not only the customers, local merchants, entertainment centers, but city government as well. HISTORY OF COMPANY: Central Coast Taxi (CCT) and its principals have continuously operated Santa Maria Taxi, Lompoc Taxi and Guadalupe Taxi for the last five years. During this time, we have provided services for the elderly of Santa Maria and Lompoc through the Multisenior Services Program (MSSP, see attached contract) for the County of Santa Barbara. In October '92, CCT has recently begun transportation of the Santa Barbara County HIV Care Consortium (see attached letter). We feel we are qualified to provide essential services to your community as well as our predecessors with growth and stability. TAXICAB AND COURIER REFERENCES: 1. City of Santa Maria, 110 E. Cook Street, Santa Maria, CA 93454. 2. City of Lompoc, Government Civic Center, Lompoc, CA 93436. 3. American Eagle Airlines, Jan McCutcheon, Manager, 3249 Terminal Drive, Santa Maria, CA 93455. 4. HCS- Public Health Service, 300 San Antonio Rd., Santa Barbara, CA 93110. 17 TAXICAB AND COURIig- REFERENCES, Continued: 5. Jane Brechwald, MPH Director, Health Promotion and Education, 300 San Antonio Rd., Santa Barbara, CA 93110 6. Southern Pacific railroad, 200 Guadalupe St., Guadalupe, CA 93434. 7. Federal Express, 3017 Skyway Dr, Santa Maria, CA 93455. 8. Marian Medical Center, 1400 E. Church St., Santa Maria, CA 93454. 9. Valley Community Hospital, 505 E. Plaza, Santa Maria, CA 93454. 10. M.A.A.D. 11. The Abused Women Shelter of Santa Maria. 12. The Good Samaritan Shelter. 1. Taxicab Paratransit Association of California 2. International Taxicab and Livery Association. 3. Santa Maria Chamber of Commerce. 1. Copy of CCT Trust Abstract and Declaration 18 of Trust. 2. Copy of Certificate of Public Convenience & Necessity as Granted by the City of Santa Maria. 3. Business License of the City of Santa Maria. 4. Business License of the City of Lompoc. 5. MSSP Contract. 6. Service Provider letter for HIV /AIDS transportation. 7. Fictitious Business Name Statement. 8. Statement of Abandonment of use of Fictitious Business Name Statement. 18 0 TRUST ABSTRACT 11�) "THE CCT TRUST" TRENT BENEDETTI 123 EAST FESLER, SANTA MARIA, CA 93445 I. Trent Benedetti, state and declare: 1. At the request of CARMEN G. HOOD and GERARD LABOSSIERE, I have prepared an irrevocable asset holding trust which was prepared on December 16 1992. 2. Attached hereto and incorporated herein by reference are copies of the first and last pages of said Trust. 3. The powers of the Trustees are found in paragraph #11 and reads in part as :follows: POWERS of the TRUSTEES: The Trustees shall have power and authority to manage the Trust Property and to conduct the Trust business, exercisable without the consent of the Beneficiaries, to the same extent as if the Trustees were the owners of the property and business, and limited only as specified set forth in his Declaration of Trust... (a) To undertake or engage in any type of commercial, industrial, or other business or venture for the furtherance of this Trust for the benefit of the beneficiaries hereto; (b) To purchase or otherwise acquire real or personal property and to sell, exchange, lease, mortgage, grant a security interest in, pledge, or in any manner deal with the Trust Property or any part thereof or any interest therein, upon such term and for such consideration as they deem proper; (c) To incur indebtedness; borrow or lend money with or without security; execute, accept, discount, negotiate and deal in commercial paper or leases and evidences of indebtedness; and execute any written instruments. If any portion of this Trust corpus is to be leased or rented out, the Trustees are hereby - directed to assure that all lease papers meet with current legal standards.. Further, if the equipment being leased to a business is a business that may re -lease that equipment, all such sub- leases must be approved by the Trustees if this Trust; (d) To prosecute and defend all actions affecting the Trust, and to compromise or settle any suits, claims or demands, or waive or release any rights relating to the Trust; 1 (e) To employ officers, agents, attorneys and employees; (f) To adopt, and enforce such by- laws, not inconsistent with this.Decla=ation to Trust, as they may from time to time deem.proper; (g) To accept beneficial interest from other trusts. - Dated: December 16, 1992 v Trent Benedetti Trust Consultant /Accountant q DECLARATION OF TRUST IN WITNESS WHEREOF the Creator hereof and Grantor hereto and the Acceptors hereof, for themselves, their heirs, successors, and assigns, have hereunto set their hands and seals in token of the conveyance, delivery and acceptance of property, assets, or other things of value, and the obligations and duties as herein assumed as Trustees of said Trust and assent to all stipulations herein as imposed and expressed. CARMEN G. HOOD, kuacecc (SEAL) GRANTO - CREATOR GERARD LABOSSIERE,� SAL) GRANTOR -C EA COUNTY OF Santa Barbara STATE OF California - I, Karen Milo a Notary Public, an officer authorized by law to administer oaths, do hereby certify that Gerard .Iabossiere and Grantor and Creator of This Trust personally appeared hefore me tiiis day- and acknowledged that *he* signed, sealed and delivered the ab)o e and foregoing Trust Indenture fn., the uses and purpose therein set forth. Date this the 16th day of Dec 19 92 "= expires 2 -6 -95 P,1!�.On - %i i��; = ?�.• Nobry ruo!:c - C0:dcr�!c ' <.- �F - i C, i 1. -, i 1 i, SANTA BARBARACv:. -'. , is "' ✓::� My C0.rr'M kn expires Feb. ,::� fficial Signature - .:uste. C60NTT O? Santa Barbara STATE ur California I, Karen I ;10 , a Notary Public, an officer authorized by law to administer oaths, do hereby certify that TARRY 9lil a Trustee of This Trust -- -- _;_personal 1y appeared be',re me this day arld NUNT't OF Santa. Barbara STATE OF California i, Karen Milo , 3 Notary Public, 3n officer authorized by law to administer oaths, d9 hereby certify that GERARD ABOS.IERE 'rnstee 9 'his Trust personally appeared befor. m? 'cis d3Y and STATE OF CALIFORNIA SS. COUNTY OF San Luis _Obispo s On December 16, 1992 before me. a Notary Public in and for said State, personally appeared Carmen G. Hood personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /[hey executed the same in his /her /their authorized capacity(ies), and that by his/ her /their signature(s) on the ( instrument the per s), or the entity upon behalf of which the persons/acted ecu ed the instrument. [a.. WITNEn /(��J ndOfficciial s CJ .3i / / //� /lLsr/ � ••_. p.,,,,i v ,. � P.,P N v s :;., NAi�ICY A. NEIh'OUIST GGi�e ?;l. = :30393 —' Ry Pt 9'_. °� - .�i O'nivW .`'.;,,'l LUIS 08IS ?0 CCJIVTY My Comm. Exaires May 22, 1996 (Seal) RESOLUTION NO. 8256 (1994 Series) RESOLUTION OF INTENTION TO ABANDON CLAY STREET RIGHT -OF -WAY, ADJACENT TO 400 BRIZZOLARA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon the Clay Street right -of- way, as shown on the map marked Exhibit "A", attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonments are also on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, February 1, 1994, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street abandonments, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonments in prominent locations near the portion of the street to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the City of public easements for utilities, creek maintenance, drainage, and open space, and subject to such other conditions as the Council deems appropriate, including submittal of a title report by the applicant, prior to final Council action, clarifying fee ownership of the area underlying the Clay Street right -of -way. R -8256 . � o SECTION 7. The City Engineer shall notify utility companies affected by the proposed abandonments at least ten (10) days before the date set for public hearing in accordance with the Streets and Highways Code. On motion of Council Member Settle ,seconded by Council Member Romero , and on the following roll call vote: AYES: Council Member Settle, Romero, Rappa, and Mayor Pinard NOES: None ABSENT. Council Member Roalman the foregoing resolution was passed and adopted this day of January , 1994. ATTEST: �. , . 'R. Vdwefl APPROVED: a Q a2iW�n C6�,G� C[p��2ac� C ty MtoMey 4th 03"', Peg Pinard, Mayor i® Rai_ P loftf r s ( AREA TO PB � O ' C� / R •� '1j-r � ��7 i / 11 S, 1 Ic J c T fir;' o VICINITY MAP 400 Q®:AZ`Oe_ ARA ST NORTH T C LAY S AB ND !` A MEK!T A O \ I EXHIBIT A , A \- RESOLUTION NO.8255(1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 1360 (UNIT 2) LOCATED AT 4375 POINSETTIA ST. (French Brothers Development Co., Subdivider) WHEREAS, the City Council made certain findings concerning Tract No. 1360 (Unit 2) as contained in Resolution No. 6484 (1988 Series), and and WHEREAS, all conditions required per said resolution have been satisfactorily met, WHEREAS, all public improvements have been constructed to City standards and specifications. NOW THEREFORE BE IT RESOLVED that the public improvements for Tract No. 1360 (Unit 2) are hereby accepted by the City of San Luis Obispo. On motion of settle seconded by Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, and Mayor Pinard NOES: None ABSENT: Council Member Roalman the foregoing Resolution was passed and adopted this 4th day of January , 1994. Mayo eg Pinard lerk iane adwell G: \... \Misc \T1360U2.ACC R -8255 �,� b VA RESOLUTION NO. 8254 (1994 Series) PROGRAM SUPPLEMENT NO. 004 STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016 WHEREAS, the State of California through the State - Local Transportation Partnership Program, encourages the expenditure of local funds for street improvement.projects, and WHEREAS, the City completed project Street Reconstruction and Resurfacing Project, Various Locations, City Plan No. S -12A that included pavement overlay and rehabilitation on Walker Street, Archer Street, Carmel Street, Beach Street, Foothill Blvd., Brizzolara Street, Nipomo Street and Peach Street, and WHEREAS, completion of that project now qualifies the City for a 22.43% State reimbursement. of project costs in the amount of $115,614.00, and WHEREAS, this partnership program is an ongoing and routine business item between the State of California and the City of San Luis Obispo, and WHEREAS, the City's Administrative Officer is the City's designated authority for day -to -day operations of the City. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo hereby authorizes the City Administrative Officer to execute Program Supplement No. 004 to State -Local Transportation Partnership Program Agreement No. SLTPP -5016 and all future such Partnership Program Agreements. Upon motion of Council Member Settle Council Member Romero , seconded by and on the following role call vote: AYES: Council, Members Settle, Romero, Rappa, and Mayor Pinard NOES: None ABSENT: Council Member Roalman R -8254 C Resolution No. 8254 (1994 Series) the foregoing resolution was adopted this 4th day of January, 1994. Mayor Vieng Pinard ATTEST: APPROVED: m i e� Jva 14 r fie: November 9, 1993 PROGRAM SUPPLEMENT * 004 Locat__in: 05- SLO -O -SLO to I Project Number: SB94- 5016(009) STATE -LOCAL TRANSPORTATION E.A. Number: 05= 929648 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 01/26/93 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. SZ61HM43wimi, approved by the Local Entity on !- 4-q4 (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: VARIOUS CITY STREETS TYPE OF WORK: RECONSTRUCT, OVERLAY LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction /Construction Engineering /Contingencies Estimated Cost State Share Funds Matching Funds FY94 $ 115614 Local OTHER. OTHER $ 515442 FY95 $ 0 $ 399828I$ OI$ 0 IFY96 $ 0 CITY OF SAN LUIS OBISPO By Ma r Peg Pinard Date Attest. Title_.. ity Clerk Diane R. Gladwell I hereby Certify upon my personal knowledge that Accounting Officer �L' STATE OF CALIFORNIA Department of Transpo tation By DIS ICT.LO AL STRIEET AND ROADS. ENGINEER Date i 2 ed funds are available for this encumbrance: Date i l- 9- % 3 $ 115614.00 Chapter Statutes I Item Year Program ISCI Fund Source I AMOUNT 55 1993 2660-125 -042 93-94 20.25.010.100 C 258010 042 -T 115614.00 Page 1 of 3 1 1 05- SLO -O -SLO 0 SB94- 5016(009) SPECIAL COVENANTS OR REMARKS DATE: 11/09/93 1. It is mutually understood between the parties that this contract may have been written before, ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed $115614 to be encumbered and reimbursed as follows: FY FY FY Any increase in revised program Any decrease in revised finance 93 -94 $ 11 94 -95 95 -96 State Partnership supplement. State Partnership letter. 5614 0 0 funds will require a funds will require a 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. Within 120 days of project completion.a Final.Report of Expenditures must be transmitted to the Caltran's District Local Streets and Roads Engineer. 4. In accordance with the State and Local Transportation Partnership Program Guidelines dated April 1992, Section IV, Project Eligibility , the. 10% allowance for construction engineering and contingencies is not eligible after Cycle 2. Only state /agency furnished materials can be added to the contract item cost for State Partnership funds eligibility. 5. The Reimbursement Ratio for this.Cycle 4 (93./94) Project is 22.43 %. 6. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE_SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: Page 2 of 3 Pi . - .- 05- SLO -0 -SLO SB94- 5016(009) SPECIAL COVENANTS OR REMARKS DATE: 11/09/93 (a) The eligible award amount or (b) The total eligible State /Local Partnership Project cost in the approved State /Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of fonds, whichever occurs later. "State's Share" is considered A grant and will be reimbursed as a lump sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. Page 3 of 3 �Z1 ������ ��� ��� ���G� o O .r• N C:e: June 20, 1994 PROGRAM FUPPLEMENT b0. 005 Locatson: 05- SLO -O -SLO to Project Number: SB94- 5016(010) STATE -LOCAL TRANSPORTATION E.A. Number: 05- 929663 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 01/26/93 and.is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. $254 , approved by the Local Entity on 1/41q4 (See copy attached). The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it- accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: VARIOUS CITY STREETS TYPE OF WORK: OVERLAY LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PEASE(S) OF WORK [X] Construction Estimated Costa State Share Funds Matching Funds FY94 $ 0 Local OTHER OTHER $ 116000 FY95 $ 26019 $ 89981 $ 0 $ 0 IVY96 $ 0 CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA' Department of Transportation B By DISTRICT CAL STREET AND - ROADS- F4GINEER Date OLJ_4�A 2 , / 9 q Attest Title I hereby Certify upon * personal knowledge that Date funds are available for this encumbrance: Accounting Officer Date co ao �% $ 0.00 Chapter Statutes I Item Year I Program ISCI Fund Source I AKWNT' 55 1993 2660 - 125 -042 93 -94 20.25.010.100 C 258010 042 -T 0.00 Page 1 of 3 05- SLO;0 -SLO DATE: 06/20/94 SBP4 -5016(010) SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropr- iation of funds, for the.mutual.benefit of.both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed $.26019 to be encumbered and reimbursed as follows: FY 93 -94 $ 0 FY 94 -95 26019 FY 95 -96 0 This agreement is valid and enforceable only if sufficient funds are made available by the California State Legislature. Any increase in State Partnership funds will require a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. The Reimbursement Ratio for, this Cycle 4 (93/94) Project is 22.43 %. 3. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any.conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State /Local Partnership Project cost . in the approved State /Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" Page 2 of 3 .• Y 05 -SLO 0 -SLO O DATE: 06/20/94 SB94- 5016(010) SPECIAL COVENANTS OR REMARKS is considered a grant and will be reimbursed as a lump sum Payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D. The financial audit and Final Project Expenditure Report provisions of Sections'9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 4. In accordance with the State and Local.Transportaton Partnership Program Guidelines dated.Apri l 1993, Section IV, Project Eligibility, the 10% allowance for construction engineering and contingencies is not eligible-after Cycle 2. Only state /agency furnished materials can be added to the contract item cost for State Partnership funds eligibility. Page 3 of 3 e September 30, 1994 PROGRAM SUPPLEMENT �_ 006 LocaL: _,n: 05- SLO -O -SLO to Project Number: SB95- 5016(001_) STATE -LOCAL TRANSPORTATION E.A. Number: 05- 9.29678 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for' State Share Funds which was entered into between the Local Entity and the State on 01/26/93 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. MA , approved by the Local Entity on Jan. 4, 1994 (See copy attached) . The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks setforth on the following pages. PROJECT TERMINI: VARIOUS CITY STREETS TYPE OF WORK; RECONSTRUCTION, AC OVERLAY LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE W OF WORK [X] Construction Estimated Costl State Share Funds I Matching Funds FY95 $ 51449 Local OTHER OTHER $ 265887 FY96 $ 0 $ 214438 $ 0 $ 0 FY97 $ 0 CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA Department of Transportation BY DI LOCAL DIST LO L STRE19t AND ROADS ENGINEER Date -L , °` 4 Attest Title M Q er k I hereby Certify upon my personal knowledge that Accounting Officer Date funds are available for this encumbrance: Date 9 /3CDI9y $ 51449.00 Chapter Statutes I 'Item Year I Program 1BC1 Fund Source I AMOUNT 139 1994 2660 - 125 -042 94 -95 20.25.010.100 C 258010 042 -T. 51449.00 Page 1 of 3 05- SLO -0 -SLO O SB95- 5016(001) SPECIAL COVENANTS OR REMARKS DATE: 09 /30/94 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual .benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State -Local Transportation Partnership funds payable by the State shall not exceed $51449 to be encumbered and reimbursed as follows:. FY FY FY Any increase in revised program Any decrease in revised finance 94 -95 $ 51449 95 -96 0 96 -97 0 State Partnership funds will require a supplement. State Partnership funds will require a letter. 2. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State /Local Partnership Project cost in the approved State /Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL_ ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump "sum payment regardless of final project cost. C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. Page 2 of 3 05- SLO -O -SLO DATE: 09/30/94 SE95- 5016(001) SPECIAL COVENANTS OR REMARKS D. The.financial audit and Final Project Expenditure Report provisions of Sections 9 and l0 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 3. The Reimbursement Ratio for this Cycle 5 (94/95) Project is 19.35 %. 4. In accordance with the State -Local transportation Partnership Program Guidelines dated June 8, 1994 the project eligibility for Cycle 5 projects is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is futher defined under the Project Eligibility section of the Guildelines as limited to certain maximum costs and to non -early reimbursement projects of $300,000 or less. Page 3 of 3