Loading...
HomeMy WebLinkAboutItem 5 - Attachment A - Whale Rock Dam Keepers Residence Admin Guidelines1 Agenda Item 5 - Attachment A Whale Rock Reservoir Residence Administrative Guidelines 1. Introduction The Whale Rock Reservoir facilities encompass a dam keeper’s residence that was built in the 1920s. Due to the construction of the dam, the house was relocated to its current location, was actively used until 1991 and remained vacant thereafter. In 2015, the Whale Rock Commission approved the renovation of the house in order to use it again as a dam keeper’s residence. The Commission considers this 24-hour per day presence important to provide quick response to emergencies at the dam and its water delivery infrastructure. A constant presence will also discourage illegal entry to areas not safe for the public. 2. Occupancy Criteria A. Job Classifications: 1. The residence is first offered to the Whale Rock Reservoir Supervisor as a primary residence. 2. If the Whale Rock Reservoir Supervisor chooses not to live in the dam keeper’s residence, interest in the residence is then solicited from all staff funded directly by the City’s Water Fund or Whale Rock Fund. Whale Rock Reservoir staff, then Water Treatment and Water Distribution staff. 3. All interested and eligible employees shall submit an application for residence at Whale Rock Reservoir to the Utilities Director upon notification of its availability. The selection will be based on an evaluation process by the Utilities Director or his/her designee. B. To be Considered, the applicant: • Must have at least “meets qualification” in all evaluation areas on their most recent evaluation. • Must not be on a Performance Improvement Plan (PIP). • Must be a regular employee who is not currently on probation. • Must be willing and able to perform dam keeper’s duties as required for emergencies involving the Whale Rock Reservoir water system infrastructure and respond within a reasonable time. • Must be willing to cover standby requirements, as 2 required by the Utilities Department. C. To Retain Residency the Occupant: • Must have at least “meets qualification” in all evaluation areas on their most recent evaluation. • Must not be on a Performance Improvement Plan (PIP). C.D. Section Process: 1. The City will notify eligible employees of the availability of the Whale Rock Reservoir residence at least sixty (60) days in advance of the expected move-in date. 2. Interested employees must submit an application to the Utilities Department administrative office on or before the noticed due date, describing their interest in residing in the Whale Rock Dam Keeper’s Residence Reservoir and specific needs (number #of residents, pets, etc.). The application must clearly state the job classification category the employee is in, i.e. “Whale Rock Reservoir Operator,” etc. as well as describe their qualifications for performing the required functions described herein. 3. The selected employee will be notified at least thirty (30) days prior to the expected move-in date. 3. Resident employee responsibilities A. Non-Compensable Responsibilities 1. Primary residence: The resident employee must use the Whale Rock Reservoir Residence as his/her primary residence. 2. Provide courteous service to reservoir visitors: on any occasion that the employee has contact with visitors to the reservoir area, other employees, neighbors, etc., it is expected the resident employee will be courteous and helpful. 3. Maintain residence: the resident employee is expected, at his or her own expense, to maintain the existing landscaping and perform routine and minor household maintenance. Examples include: lawn mowing, replacing light bulbs, replacing furnace filters, carpet cleaning, replacing smoke detector batteries, etc. Other repairs or modifications to the residence require prior approval of the Utilities Director or his/her designee. 4. Telephone: the resident employee is required to have a working personal telephone and to make the phone number available to Utilities Department managers that 3 may need to contact the resident employee. 5. Site presence and visibility: the resident employee is required to provide a visible on-site presence. Daily inspections of the facility should be performed prior to nightfall and is for the purpose of assuring all doors are locked and the main gate is closed and locked. B. Compensable Responsibilities (Call-Back) 1. Call-back: A call-out is defined in Article 8 of the City of San Luis Obispo MOU and applies to all non-management employees. Call- back compensation for the resident employee is made only when the employee responds to an official request, a citizen report or a known condition of an emergency nature. Examples of call outs are checking the dam following an earthquake, flooded conditions that might require on site monitoring of the reservoir level. 2. The resident employee shall respond promptly to call- backs by making any required checks or by calling out appropriate assistance. 3. Call-backs are to be recorded on the employee time sheet follow established protocols. 4. Non-emergency work is not to be charged as call-back. 4. Determination of Monthly Rent A. Monthly rent shall be based on the Housing Authority’s (HASLO)Housing and Urban Development (HUD) USER Fair Market Rent Documentation System (https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2024_code/ select_Geography.odn) assessment of similar structures in size and location, less a 66% discount for management employees and a 50% discount for SLOCEA employees in recognition of: 1. The limited privacy experienced by the resident employee; 2. The employee’s increased availability, incidental to on-site residency, to respond quickly to emergencies; 3. The daily site checks expected of the resident employee; 4. A 16% differential in rental discount between salaried and hourly employees is applied as a result of salaried employees not being eligible for overtime pay when called upon. 4.5.The acceptance of all other conditions of the rental agreement. B. If occupied by a management employee, rent shall be reduced by the current compensation for one single standby shift per month, as outlined in the SLOCEA MOA. If occupied by a 4 SLOCEA employee, the employee shall be directly compensated for standby coverage and the employee shall not receive a rent reduction associated with standby coverage. B.C. The rental value may be adjusted annually on July 1st, in consideration of changes in the area rental market. C.D. Bi-weekly rent payments will be made through automatic payroll deduction or other means as approved by the City’s finance department. 5. Landlord and Resident Rights and Responsibilities: A. Deposits: 1. A security deposit in the amount of $2,000 is due prior to the resident moving into the residence. 2. The City shall, within three weeks after the resident vacates the property, mail the resident a refund of his or her deposit, or, if the deposit is not completely refunded, a written itemization as to how it was applied to cost of cleaning or repairs (except for “ordinary wear and tear”). B. Inspecting the property: Before resident moves into the residence, a Utilities Department manager, along with the prospective resident, will inspect the property for damage and obvious wear and tear. The parties will complete and sign a property inspection form, noting any obvious damage to the house. C. Sub-Tenants and sublets: A sub-tenant is a person who rents all or part of the property from the resident and does not sign the rental agreement or lease with the City. Sublets and sub-tenants will not be allowed. D. Occupancy Limits: The maximum space-to-people ratio shall be one person per bedroom except with the prior approval of the Utilities Director. The City may refuse to rent to employees with pets, or restrict the type of pets it accepts. The City would not refuse to rent on this basis if the animal is a properly trained and certified dog for the blind, deaf or physically disabled person or other properly trained and certified service dog. E. Housing Standards The Whale Rock Reservoir residence shall meet the following standards: 1. a structure that is weatherproof and waterproof; 5 2. a plumbing system in good working order, connected to the facility water system and septic tank; 3. a hot water system in good working order; 4. a heating system maintained in good working order; 5. an electrical system in good working order; 6. floors, outdoor stairs and railings in good repair; 7. Smoke detectors. F. Resident’s Responsibilities: 1. Keep the premises clean and sanitary; 2. Properly operate gas, electrical, and plumbing fixtures; 3. Refrain from damaging or defacing premises or allowing anyone else to do so; 4. Reimburse the City or repair all damage caused by family, friends, and invited guests. 4.5. Require that all guests that enter areas of the Whale Rock Facility fill out a liability waiver and that all guests under the age of 18 are accompanied by an adult at all times. G. Commission Right of Entry: The Commission designee may enter the residence under the following circumstances: 1. to deal with an emergency; 2. when the resident gives permission; 3. to make needed repairs or assess the need for them; 4. To show the property to prospective new residents. H. Resident’s Right to Privacy: Except in cases of emergency, abandonment, and invitation by the resident, the Commission Designee shall enter the residence only during normal business hours and give the resident at least a 24-hour notice. I. Raising the Rent: The City will notify the resident, in writing, at least 30 days in advance of any rent increase. J. Termination of Tenancy: The City will give the resident a 30- day termination notice when terminating the tenancy agreement except in cases calling for a Three-Day Notice to Quit as follows: 1. Non-correctable violation, e.g. there is no other way the violation can be corrected in three days, such as when a resident has sublet. 2. Nuisance, i.e. the resident is causing a nuisance on the property to area residents or visitors to the reservoir area. 3. Extreme Damage, e.g. the resident has caused or permitted the destruction of property. 4. Illegal Use, i.e. the resident is using the property for an illegal use or use inconsistent with this agreement. 6 K. When the Resident Leaves: If a resident gives less than 30 days’ notice, the Commission will still be entitled to payment of rent for the entire 30 days from the time of the notice. The resident will have the right to stay through the 30 days if he or she wishes. L. Fixtures: If a resident attaches anything to a wall more or less permanently, such as bookshelves bolted or nailed in, it is called a “fixture.” In the absence of written agreement to the contrary, any fixture installed by the resident becomes part of the premises. If a fixture cannot be removed without leaving noticeable marks on walls, the fixtures must be left in place when leaving. The Commission designee must authorize the placement of any fixtures and is entitled to use part of the security deposit to remove and repair walls where fixtures were placed without prior approval. M. Utilities: The cost of the water, septic tank, and trash service will be provided in the rent. Other utilities, e.g. electric are at the expense of the resident. 6. Relocation A. The Whale Rock Commission reserves the right to change the status of the Whale Rock Reservoir residence to meet operational needs of the commission members. However, every effort will be made to provide the employee with a 90-day notice of the need for the employee to vacate the residence. B. The resident employee shall not be entitled to any relocation benefits and/or payments to vacate the premises. C. Occupancy of the Whale Rock Reservoir residence should be considered of a temporary nature. 7. Whale Rock Lease Area Map 7