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RESOLUTION NO. 6456 (1988 SERIES) -
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AGREEMENT WITH THE COUNTY OF'SAN LUIS OBISPO FOR
ANIMAL REGULATION SERVICESFOR 1988 -91 FISCAL YEARS.
Be it resolved by the Council of the City of San Luis Obispo as follows:
Section 1. That the agreement with the County of San Luis Obispo for
Animal Regulation services for Fiscal years 1988 -89, 1989 -90 and 1990 -91 (Exhibit
A) has been reviewed and is approved.
Section 2. That the Mayor is'hereby authorized to enact the agreement.
On motion of Councilman_ Settle , seconded by Councilman Reiss,
and on the following roll call vote:
AYES: Councilmembers Settle., Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was.passed and adopted this 5th d•ay of July ,
AYOR RON DUNIN
ATTE
Cl Ay CLERK, Pf VOGES
APPROVED:
City A4m�Qistrative Officer
r
City Att
ief of Police
R6456
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AGREEMENT FOR
ANIMAL CONTROL SERVICES
This Agreement is made and entered into this Ist day of July, 1988, by and
between the County of San Luis Obispo, hereinafter referred to as "County ", and
the City of San Luis Obispo, hereinafter referred to as "City ".
WITNESSETH:
THAT WHEREAS, The City is desirous of contracting with the County for
performance of the hereinafter described animal control services within its
boundaries by the County of San Luis Obispo through the Department of Animal
Regulation, and
WHEREAS, the County is agreeable to providing such services in accordance
with the provisions of the San Luis Obispo County Code Title 9 which provides
for the licensing of dogs, the establishment of a public pound, and for the
collection and care of stray, diseased and vicious animals; and
WHEREAS, the County of San Luis Obispo has established the Department of
Animal Regulation to enforce the ordinances of the County Code Title 9 within
the unincorporated areas of the County; and
WHEREAS, the interests of all 'citizens would be served by implementation of
Animal Control Services in the incorporated communities of the County; and
WHEREAS, the City is desirous of contracting for said Animal Control
Service.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Definition
a. "Animal" as used in this Agreement means any species of vertebrate
creature.
b. "Animal transaction for City" as used in this Agreement means any of
the following actions taken by County on City's behalf;
1. Search;
2. Seizure;
3. Capture or attempted capture;
4. Bite investigations;
5. Issue of written warning or citation;
6. Pick -up and disposal of dead animal;
7. Nuisance investigation;
8. Care of injured animal;
9. Adoption /Redemption /Destruction;
10. Extended holds;
11. Court /Proceedings
DU an 66A
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C. "Animals sheltered for City" as used In this Agreement shall mean any
animal delivered to the animal shelter from within a City's corporate limits.
d. "Man -hour" as used in the Agreement shall refer to the services of any
single County officer, agent, or employee for one hour. Man -hours shall be
recorded to the nearest one -half (1/2) hour.
e. "Overall Program Costs" as used in this Agreement shall mean total
operating costs incurred in providing services of any single component, as
hereinafter described, to any unincorporated areas of County together with the
total operating costs incurred in providing services of any single. component to
any incorporated community within County contracting for said component. Such
costs shall include the cost of any leased premises, equipment, and those
subcontracted services as hereinafter described.
f. "Emergency Services" as used is this Agreement shall mean those
services provided by one or more animal control officers during hours other
than regular business hours in response to a call concerning animal bites, sick
or injured animals, or situations in which. animals are constituting an
immediate threat to public safety. Emergency services do not include responses
to animal nuisances such as barking or stray dogs. When immediate response is
required because of a potential danger to life or property, the department
shall respond in an appropriate manner and inform the city designee for
ratification. Reports of responses shall be sent weekly in an appropriate
manner to the City designee for ratification. Disputes over billing will be
settled by the Animal Control Advisory Committee.
g. "Court /Proceedings" as used in this Agreement shall mean actual time
involved by one or more Animal Control Officers in conducting investigations,
preparing documents and /or participating in court proceedings resulting from an
incident within a City's corporate limits.
2. Services Components - The County agrees to provide all necessary
labor, facilities, and equipment to supply the following animal control service
components:
a. General Administration - County agrees to provide management and
supervision of the animal control program, to keep records and provide
statements as hereinafter specified, to operate an animal release annex, to
maintain a headquarters with communication center and dispatcher service.
These :services shall hereinafter be referred to as the "general administration
component ".
b. Ordinance Conformity - City agrees to adopt animal control
ordinances which conform to and are not in conflict with Chapter 9 of the San
Luis Obispo County Code. Changes and modifications to City codes may be
conducted with the County Department of Animal Regulation's consultation before
adoption. County Department of Animal Regulation may also make recommendations
to Cities for changes or modifications to their City ordinance. This service
shall hereinafter be referred to as the "Ordinance Review Component ".
C. Animal Control Enforcement County shall enforce all City Animal
Control ordinances and State laws within City's corporate limits, investigate
complaints, including complaints involving . animal bites, and issue citations.
These services shall hereinafter be referred to as the "animal control
enforcement component ", but services under this component shall not include
enforcement of City animal licensing ordinances, which is covered under the
"licensing component ", nor shall it include enforcement of zoning ordinances
dealing with animals.
d. Animal Shelter - The County maintains a pound and provides for
the care, housing, and disposal of animals seized within a City's corporate
limits or delivered by City's residents. It is understood and agreed that the
County may subcontract the obligations of this paragraph to an independent
contractor or at its option undertake to perform these duties itself. These
services shall hereinafter be referred to as the "animal shelter component ".
e. Public Education - County shall provide information to the public
on the necessity of animal control as recommended by the Animal Regulation and
Control Advisory Committee. This service shall hereinafter be referred to as
the "public education component ".
f. Licensing County shall collect license fees,, issue licenses and
receipts for licenses, enforce City licensing ordinances, and enforce state and
local rabies control laws. County may choose to conduct an animal vaccination
clinic. These services shall hereinafter be referred to as the "licensing
component ".
g. Animal Population Control - County may choose to conduct a spay
and neuter clinic /or program.
3. Animal Regulation- and Control Advisory Committee There shall be as
Animal Regulation and Control Advisory Committee whose responsibility it will
be to review and recommend on all matters of Departmental Policy regarding
overall program administration, level and quality of service, budget, and
ordinance development and amendments. This Advisory Committee shall be made up
of: one representative from each City contracting with the County, one
representative from the County's Veterinarians' Association, one representation
from an Animal Welfare Society, one representative from the County Health
Department, one representative from the Department of Animal Regulation, one
representative of the County Administrative Office, and one representative from
the County Sheriff's Department. The Committee shall receive staff support
from the Department of Animal Regulation.
4. Supervision - The rendition of services specified in paragraph 2 of
this Agreement, and matters incidental to the performances of said services,
and the control of personnel so employed, shall remain in the County.
5. Cooperation - To facilitate the performance. of the foregoing
functions, it is hereby agreed that the County shall have the full cooperation
and assistance from the City, its officers, agents, and employees.
6. Special Supplies - It is agreed that in all instances wherein special
supplies, tools, vehicles, equipment, stationary, notices, forms, and the like
must be used in the performance of this contract on behalf of the C_ ity, the
same shall be supplied by City at its own cost and expense.
7. Emplovee Compensation and. Liability - City shall not be called upon to
assume any liability for the direct payment of any salariesi wages, or other
compensation to any County personnel performing services hereunder, or any.
liability other than that provided in the Agreement. The City shall not be
liable for compensation or indemnity to any County employee for injury or
sickness arising out of his employment.
0.
8. Indemnification -
Nothing in
the provisions of the Agreement
is
intended to create duties
or obligations to or rights in third parties
not
parties to this contract or
affect the
legal liability of either party to
the
contract by imposing any
standard of
care respecting the regulation
and
enforcement of laws regarding animals
different from the standard of
care
imposed by law.
a basis for
determining
increases. Any annual
It is understood and agreed that neither City, nor any officer or
employee thereof is responsible for any damage or liability occurring by reason
of anything done or omitted to be done by the County under or in connection
with any work, authority or jurisdiction delegated to the County under this
Agreement. It is also understood and agreed that pursuant to Government Code
895.4, County shall defend, indemnify and save harmless City, all officers and
employees from all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting from anything done or omitted to be done by the County under
or in connection with any work, authority or jurisdiction delegated to the
County under this Agreement except as otherwise provided by Statute.
It is understood and agreed that neither County nor any officer or
employee thereof is responsible for any damage or liability occurring by reason
of anything done or omitted to be done by the City under or in connection with
any work, authority or jurisdiction delegated to the City under this
Agreement. It is also understood and agreed_ that pursuant to Government Code
Section 895.4, City shall defend, indemnify and save harmless the County, all
officers and employees from all claims, suits or actions of every name, kind
and description brought for on account of injuries to or death of any person or
damage to property resulting from anything done or omitted to be done by City
under, or in connection with any work, authority or jurisdiction delegated to
the City under this Agreement except as otherwise provided by Statute:
9. Emolovee Status - All persons employed in the performance of the
services and functions specified in paragraph 2 of this Agreement shall be
County employees; no present City employee shall become a County employee by
reason of this Agreement; and no person employed hereunder shall have any City
pension, Civil Service, or any "similar status or right. For this Agreement,
and for the sole purpose of giving legal status to the performance of the
duties and responsibilities herein, every County officer an the employee
engaged in the performance of any . service hereunder shall, where necessary, be
deemed an officer or employee of City while performing the services for City.
10. Prosecution - It shall be the duty of the City Attorney, exercising
the discretion vested in his office, to prosecute violations of the City Animal
Ordinance, and take appropriate legal action with respect to the abatement of
any public nuisance involving animals occurring within City's corporate limits.
11. Term and Renewal - This
Agreement. shall be effective on.: the
1st day of
July, 1988,
and shall terminate
on the 30th day of June, 1991.
All fees,
charges, and
payments required by
paragraph 12 (A -H) and paragraph
15 shall be
adjusted each July ist of the
three year duration of the contract. This
adjustment
shall be for any increase
in County's cost of providing services.
The Animal
Regulation Department's
approved budget shall be used as
a basis for
determining
increases. Any annual
increase in contract cost shall be
agreed by
City and
County representatives
resulting in a side letter of
agreement.
12. Allocation_ of Operating Cost - . Charges to City for the services
provided by County shall be computed on the following basis:
a. Charges
for general administration
ordinance review
shall be
$4,00 for each animal
transaction for City (as defined in subparagraph
1(b) of
this Agreement). A
$4.00 charge shall also
be applied for
each
animal
delivered to the control facility by a resident
of the City.
The
charges
allocated to City pursuant
to this subparagraph
12(a) shall be
added
to the
charges made pursuant
to subparagraphs 12(b) and
(c) below when
those
charges
are applicable.
b. Charges for the animal control enforcement service component
shall be $10.00 for each animal transaction (as defined in paragraph 1(b) of
this Agreement) in which the service of an Animal Control Officer is involved,
but excluding those services where charges are made pursuant to subparagraph
12(f) below. The charges allocated pursuant to this subparagraph 12(b) shall
be added to the charges described in paragraph 12(a) above, and where
applicable, they may also be added to the charges described in paragraph 12(c)
below.
C. Charges for the animal shelter services component shall be $4.50
for each animal sheltered for City (as defined in paragraph 1(c) of this
Agreement). The charges allocated pursuant to this subparagraph 12(c) shall be
added to the charges described in subparagraph 12(a) above and where applicable
they may also be added to the charges described in subparagraphs 12(b) and (f).
d. Overall program costs (as defined in paragraph 1(e) of this
Agreement) for the- public education component services shall be multiplied by
the City's population percent, and that sum shall be charged to City. In no
event shall City's allocated costs for the public education component exceed
$.16 per capita.
e. Charges for the
licensing component services shall be
$3.50 for
each animal licensed for City.
Should County choose to
conduct a
county -wide
animal vaccination clinic, costs for conducting such
a clinic
shall be
multiplied by the ratio created
by dividing the number
of animals
vaccinated
for City animal owners by the
total number of animals
vaccinated
during the
clinic.
f. In payment. for those emergency services (as defined in paragraph
1(f) of this Agreement) provided to City when only standby animal control
officers are on duty, City shall be charged $41.00 per man hour. This charge
shall be on a portal -to- portal basis, and when applicable, may be added to the
charges imposed pursuant to subparagraphs 12(a) and (c) above.
g. Charges for Court /Proceedings (as defined in Paragraph 1(g) of
this Agreement) resulting from an incident within the incorporated limits of a
City, shall be charged to that City at a rate of $26.00 per man hour.
h. Charges to the City for unrecovered fees, bad checks, and
veterinarian services shall be reduced by the amount actually recovered.
13. Revenue from Fees and Impounds - Revenue from impound charges
collected on animals taken from within City's corporate limits will be credited
against City's. allocated costs.
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14. Revenue from Licensing - Revenue collected in licensing animals owned
or adopted by residents of City shall be credited to City's allocated costs.
15. Deficits - City shall pay County any deficits between total revenue
credited to City and City's allocated costs. City agrees sum of $31,200.00
represents a reimbursement which shall, within the conditions of this contract,
be maximum under which County shall be excused from any further performance.
When in the calculation of charges incurred, the Animal Regulation Department
costs equal said amount this clause shall act as a condition subsequent
excusing the County from any further service under the terms of the contract.
Said payments shall be made on or before the 31st day of August of each year of
this Agreement's existence.
16. Enforceability - The invalidity and unenforceability of any terms or
provisions hereof shall in no way _affect the validity or enforceability of any
other terms or provisions.
17. Modification - This contract constitutes the entire understanding of
the parties hereto and no changes, amendments or alterations shall be effective
unless in writing and signed by both parties.
18. Assignment of Personnel. - The number of Animal Control Officers
:assigned to any activity shall be within the discretion of the Department of
Animal Regulation of the County of San Luis Obispo.
19. Optional Reduction in Services - Notwithstanding any provision herein
to the contrary, City shall have the option to select a reduced level of
service for the remainder of the contract period. The Department will provide
a quarterly report of financial status of City's program in a format acceptable
to the Animal Control Advisory Committee. Said reports are ordinarily provided
at the end of the third, sixth, ninth, and twelfth months of each calendar
year. City may notify Director of its election to reduce services within any
two weeks after receipt of said report. Upon receipt of notice of said
election Director will provide a reduced level of service, including emergency
services. It is the intent of the parties to provide a continuation of
mandated, emergency services to the community under this paragraph as an
alternative to service termination as provided in paragraph 14 above.
20. Books and Records - County agress to keep such books and records and
in such form and manner as County Auditor - Controller shall specify. Said books
shall be open for examination by City at all reasonable times.
21. Notices - Any notice required to be given pursuant to the terms and
provisions hereof shall be in writing and shall be sent by certified or
registered mail to the County at:
and to the City at:
Department of Animal Regulation
County Operational Center, Highway One
San Luis Obispo, CA 93408
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403
IN WITNESS THEREOF, City of San Luis Obispo by resolution duly adopted
by its City Council causes this Agreement to be signed by its in and
attested by its clerk, and County of San Luis Obispo by order of the Board of
Supervisors causes these presents to be subscribed by Chairman of said Board
and seal of said Board to be affixed hereto attested by clerk of said:
CITY OF San Luis .Obispo COUNTY OF SAN LUIS OBISPO
By -
Mayor Ron D'unin Chairman Board of Supervisors
ATTEST: ATTEST:
FRANCIS M• COONEY, CLERK
_ Board of Supervisors
Pam voges, City Clerk
By; SONDM REINER
REVIEWED
JAMES B. LINDHOLM
County Counsel
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Dated:
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• • i 1• . 1 M U DE ••. V• •1•
'IIM AGREEMERr, made and entered into on this 5th day of July
1988, by and between City of San Luis Cbispo. hereinafter referred to
as City, and Woodward-Clyde Consultants, a Nevada Corporation,
authorized to provide engineering services, hereinafter referred to as
Engineer.
WHRFZS, the San Luis Obispo County Master Water Plan Update
proposed the Salinas Reservoir Expansion; and
WHEREAS, City has requested Engineer to provide engineering
services for the implementation of the Salinas Reservoir Expansion,
hereinafter referred to as the Project; and
WHEFEA.S, Engineer has available and offers to provide personnel
and facilities necessary to acc Wlish the work within the required
time; and
WHEREAS, City and Engineer have ccopleted negotiation of urice
based on Schedule of Charges submitted by Engineer;
I.
NOW, THERIMPE, City and Engineer agree as follows:
A. City
B.
The City Utilities Manager shall be the representative of the
City for all purposes under this agreement and is designated
as the Project Manager for the City. He shall supervise the
progress and execution of this agreement.
Engineer shall assign a Project Manager for this project. Mr.
John A. Bischoff is hereby designated as the Project Manager
for Engineer. Should circumstances or ociditions subsequent
to the execution of this agreement require a substitute
Project Manager.for any reason, the Project Manager designee
shall be subject to written acceptance and approval of the
City's Project Manager.
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II. DUT-IES.OF ENGINEER
A. Description of Projects
The Project is described in Addendum No. 1 with Attachments 1,
2 and 3.. Any changes in the Project as described will be
incorporated by written Amendment executed by the City's
Project Manager and Engineer.
B. Scope of Engineering Services
Engineer agrees to perform those services which are described
in detail hereafter. Unless modified in writing by the
parties hereto, duties of Engineer shall not be construed to
exceed those.services specifically set forth herein.
1. Planned Engineering Services - Engineer agrees to perform
those planned tasks described in Attachment 1 entitled, Work
Plan.. Compensation for Planned Engineering Services shall be
as provided in Attachment 2.
2. Follow =on Engineering Services - City and Engineer agree that
certain of the work to be performed by Engineer cannot be
defined adequately prior to the completion of the predesign
services and that additional engineering work related to the
execution of the project and not covered in Attachment l will
be needed during performance of this agreement. It is
intended that such categories of work be classified as
Follow =on Engineering Services. Follow -on Engineering
Services will be negotiated following pre - design services when
the actual facilities to be constructed are more accurately
defined. Follow -on Engineering Services may include, but are
not limited to, the fol lowing:
a. Yield studies of coordinated reservoir operations for
Salinas Reservoir and Whale Rock Reservoir, along with
other available water resources.
b. Laboratory testing to assess the structural adequacy of
soils, rock formations, and existing structures.
c. Fault Exploration Trenching may be required.
C. Release of Reports and Information
Any reports, information, data, or other material given to, or
prepared or assembled by Engineer under this agreement, shall
be the property of City and shall not be made available to any
individual or organization by Engineer without the prior
written approval of the City's Project Manager.
III.
IV.
C
D. Conies of Reports and Information
If City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the
Engineer- is required to furnish in limited quantities as part
of the services under this agreement, Engineer shall provide
additional copies as are requested, and City shall compensate
Engineer for the costs of duplicating of such copies at
Engineer's direct expense.
E. Oualifications of Engineer
Engineer represents that it is qualified to furnish the services
described under this agreement.
DUTIES OF CITY
City agrees to cooperate with Engineer and to provide operation,
maintenance, and performance data as requested plus available
construction or as -built drawings.
COMPENSATION
For the services described in Attachment 1 which are to be
performed by the Engineer, the City agrees to pay, and the
Engineer agrees to accept, compensation in accordance with the
methods and schedules set forth in Attachment 2. Compensation for
Follow -on Services shall be as set forth in the written
authorization for such services. Payment to the Engineer is due
upon receipt of invoice by City. If payment is not made within 30
days, interest on the unpaid balance will accrue beginning with
the 31st day at the rate of 1.0 percent per month or the maximum
interest rate permitted by law, whichever is lesser. Such
interest will become due and payable at the time said overdue
payment is made.
V: AUTHORIZATION, PROGRESS AND COMPLETION
Specific authorization to proceed with work described in
Attachment 1 shall be granted in writing by the City within a
reasonable time after the effective date of this agreement. The
Engineer shall not proceed with the work without such
authorization. The work shall be completed within 365 days after
receipt of the authorization to proceed.
For Follow -on Engineering Services, the City's authorization shall
be in writing and shall include the definition of the work to be
done, the schedule for commencing and completing the work, and the
basis of compensation for the work.
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VI. TEMPORARY SUSPENSION
The City's Project Manager shall have the authority to suspend
this agreement wholly or in part, for such periods as he deems
necessary due to unfavorable conditions or to the failure on the
part of the Engineer to perform any provision of this agreement.
Engineer will be paid the compensation due and Payable the date
of temporary suspension.
VII.. SUSPENSION; TERMINATION
A. Right to Suspend or Terminate
The City retains the right to terminate this agreement for any
reason by notifying Engineer in writing seven (7) days prior
to termination and by paying the compensation due and payable
to the date of termination; provided, however, if this
agreement is terminated for fault of Engineer, City shall be
obligated to compensate Engineer only for that portion of
consulting services which are of benefit to the City. Said
compensation is to be arrived at by mutual agreement of the
City and Engineer and should they fail to agree, then an
independent arbitrator is to be appointed and his decision
shall be binding upon the parties.
B. Return of Material
Upon such termination, Engineer shall turn over to the City
immediately any and all copies of studies,..sketches, drawings,
computat -ions and other data, whether or not completed,
Prepared by Engineer, and for which Engineer has received
reasonable compensation, or given to Engineer in connection
with this agreement. Such materials shall become the
permanent property of City. Engineer, however, shall not be
liable for City's use of incomplete materials or for City's
use of complete documents if used for other than the project
contemplated by this agreement.
VIII. INSPECTION
Engineer shall furnish City with every reasonable opportunity for
City to ascertain that the services of Engineer are being
performed in accordance with the requirements and intentions of
this agreement. All work done and all materials furnished, if
any, shall be subject to the City Project Manager's.inspection and
approval. The inspection of such work shall not relieve Engineer
of any of its obligations to fulfill its agreement as prescribed.
IX.. OWNERSHIP OF MATERIALS
All original drawings, plans, documents and other materials
prepared by or in possession of Engineer pursuant to this
agreement shall become the permanent property of the City and
shall be delivered to the City upon demand.
K4q
Failure of City to agree with Engineer's independent findings,
conclusions, or recommendations, if the same area called for under
this agreement, on the basis of difference in matters of judgment
shall not be construed as a failure on the part of Engineer to
meet the requirements of this agreement.
XI. ASSIGNMENT: SUBCONTRACTOR'S EMPLOYEES
This agreement is for the performance of professional engineering
services of the Engineer and is not assignable by the Engineer
without prior consent of the City in writing. The Engineer may
employ other specialists to perform special services as required
with prior approval by the City.
XII. NOTICE
All notices hereunder shall be given in writing and mailed,
postage prepaid, by Certified Mail, addressed as follows:
To City: City Utilities Manager
City of San Luis Obispo
955 Morro Street
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
To Engineer: Woodward -Clyde Consultants
500 12th Street, Suite 100
Oakland, CA 94607 -4014
XIII. INTEREST OF ENGINEER
Engineer covenants that it presently has no interest, and shall
not acquire any interest, direct or indirect, financial or
otherwise, which would conflict in any manner or degree with the
performance of the services hereunder.
Engineer further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest .
shall be employed. Engineer certifies that no one who has or will
have any financial interest under this agreeement is an officer or
employee of the City. It is expressly agreed that, in the
performance of the services hereunder, Engineer shall at all times
be deemed an independent contractor and not an agent or employee
of City.
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XIV. INDEMNITY
Engineer hereby agrees to indemnify and save harmless City, its
officers, agents, and employees of and from:
A. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to
or death of any person or corporation caused by an negligent
act or omission of Engineer under this agreement or of
Engineer's employees or agents;
B. Any and all damage to or destruction of any property,
including the property of City, its officers, agents, or
employees, occupied or used by or in the care, custody, or
control of Engineer, or in proximity to the site of Engineer's
work, caused by any negligent act or omission of Engineer
under this agreement or of Engineer's employees or agents;
C. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to
or death of or damage suffered or sustained by any employee or
agent of Engineer under this agreement, however caused,
excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its
officers, agents, or employees;
D. Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any
infringement or alleged infringement of any patent rights or
claims caused by the use of any apparatus, appliance, or
materials furnished by Engineer under this agreement; and
E. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of any permit is due to
negligence on the part of the Engineer.
Engineer, at its own costs, expense, and risks, shall defend
any and all suits, actions, or other legal proceedings that
may be brought against or for employees on any such claim or
demand of such third persons, or to enforce any such penalty,
and pay and satisfy any judgment or decree that may be
rendered against City, its officers, agents, or employees in
any such suit, action or other legal proceeding, when same
were due to negligence of the Engineer.
XXI. AGREEMENT CONTAINS ALL UNDERSTANDINGS
This document represents the entire and integrated agreement
between City and Engineer and supersedes all prior negotiations,
representations, or agreements, either written or oral. This
document may be amended only by written instrument, signed by
both City and Engineer. All provisions of this agreement are
expressly made conditions. This agreement shall be governed by
the laws of the State of California.
IN WITNESS WHEREOF, City and Engineer have executed this agreement
on the day and year first above written.
XXII.
Engineer shall be entitled to the extent determined appropriate
by the Engiener, to subcontract any portion of the work to be
performed under this Project. Engineer shall negotiate and
administer subcontracts in accordance with 40 CFR 33.295. The
Engineer shall be responsible to the City for the actions of
persons and firms performing subcontract work.
The Engineer is authorized by the Citv to subcontract work
having a cost which will not exceed 50 percent of the total
amount of compensation due under this agreement. Subcontractors
selected as of the date of this agreement, and the nature of
services to be perfomed by each, is as follows:
Leedshill - Herkenhoff Inc. - Engineering Services
XXIII. JURISDICTION
This agreement shall be administered and interpreted under the
laws of the State of California. Jurisdiction of litigation
arising from this agreement shall be in that state. If any part
of this agreement is found to be in conflict with applicable
laws, such part shall be inoperative, null and void insofar as
it is in conflict with said laws, but the remainder of the
agreement shall be in full force and effect.
XXIV. BUSINESS LICENSE
The Engineer and all subcontractors shall have appropriate
business licenses in accordance with the City of San Luis Obispo
Municipal Code.
XXV. SCOPE AUTHORIZATION AND COST LIMITATIONS
The Engineer is authorized to peroform all work outlined under
Task 1.0 to Task .12 of this agreement at a cost not to exceed
$169,000. Further authorization to perform the balance of the
tasks in this agreement will be provided by the City Council.
XV. WORKERS COMPENSATION
Engineer certifies that it is aware of the provisions of the
Labor Code of the State of California, which requires every
employer to be insured against liability for workers
compensation or to undertake self- insurance in accordance with
the provisions of that code, and it certifies that it will
comply with such provisions before commending the performance of
the work of this agreement.
XVI. INSURANCE
For the duration of this agreement, the Engineer shall maintain
the following minimum public liability and property damage
insurance which shall protect the Engineer from claims for
injuries, including accidental death, as well as from claims for
property damage which may arise from the performance of work
under this agreement. The limit of liability for such insurance
shall be as follows:
A. Comprehensive general liability insurance, including
personal injury liability, blanket contractual liabiltiy,
and broad form property damage liability. The combined
single limit for bodily injury and property damage shall be
not less than $500,000.
B. Automobile liability injury and property damage liability
insurance covering owned, non- owned, rented and hired cars.
The combined single limit for bodily injury and property
damage shall be not less than $500,000.
C. Statutory workers compensation and employers liability
insurance for the State of California.
The Engineer shall also maintain professional liability
insurance covering damages resulting from errors or omissions of
the Engineer. The limit of liability shall be not less than
$120002000.
The Engineer shall submit to the City certificates for each of
the policies listed above. Each certificate shall provide that
the insurance company give written notice to the City at least
30 days prior to cancellation or any material change in the
policy. Certificates for comprehensive general liability and
automobile liability policies shall provide that the City is
named as an additional insured.
XVII. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall
apply to and shall bind, the heirs, successors, executors,
administrators, assigns, and subcontractors or both parties.
XVIII. WAIVERS
K
The waiver of either party of any breach or violation of any
terms, covenant, or condition of this agreement or of any
provision, ordinance or law shall not.be deemed to be a waiver
of any .subsequent breach of violation of the same or of any
other term, covenant, condition, ordinance, or law. The
subsequent acceptance by either party of any fee or other money
which may become due hereunder shall not be a waiver of any
preceding breach or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable
law or ordinance.
XIX. COST AND ATTORNEY'S FEES
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs
and attorney's fees expended in connection with such an action
from the other party.
XX. DISCRIMINATION•
No discrimination shall be made in.the employment of persons
under this agreement because of the race, color, national
origin; ancestry, religion or sex of such person.
If Engineer is found in violation of the nondiscrimination
provisions of the State of California Fair Employment Practices
act or similar provisions of federal law or executive order in
the performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have
the power to cancel or suspend this agreement, in whole or in
part, or to deduct from the amount payable to Engineer the sum
of Twenty -five Dollars ($25) for each person for each calendar
day during which such person was discriminated against, as
damages for said breach of contract, or both.. Only a finding of
the State of California Fair Employment Practices Commission or
the equivalent federal agency or officer shall constitute
evidence of a violation of contract under this paragraph.
If Engineer is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative
action guidelines pertaining to this agreement, Engineer shall
be found in material breach of the agreement. Thereupon, City
shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from amount payable to Engineer
the sum of Two Hundred Fifty Dollars ($250) for each calendar
day during which Engineer is found to have been in such
noncompliance as damages for said breach of contract, or both.
The effective date of start of work described in Attachment 1 shall
be July 20, 1988.
WOODWARD -CLYDE CONSULTANTS CITY OF SAN LUIS OBISPO
By B — —
J A. Bisch f, Vice President VRuniin, Mayor
ATTEST• •,# Voges, C' Clerk
Roger gJ cquW, City Attorney
sali- agr /hf4
RESOUITION NO. 6455 (1988 Series)
FES01MON OF I couNCIL OF ► I CITY OF
SAN LUIS OBISPO APPROVING 7HE AGRM4ENT FM
n4GnMERIM SERVICE HMqEEN
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CITY OF •: •• AND e•• ► •• M n CUZULUMS
WHEREAS, the 1987 -1989 Financial Plan identifies a specific
program for the implementation of the Salinas Reservoir Expansion; and
WHEREAS, the City desires to retain technical assistance to
implement the Salinas Reservoir Expansion; and
WHEREAS, the City has gone through a consultant selection process
And the firm of Woodward -Clyde Consultants is determined to be capable
and interested in providing assistance;
NOW THEREFORE, BE IT RESOLVED the Mayor is authorized to execute
the Agreement for Engineering Services between the City of San Luis
Obispo and Woodward -Clyde Consultants for Implementation of Salinas
Reservoir Expansion and authorize the consultant to proceed with the
first phase of work with costs not to exceed $169,000.
On motion of Councilman Settle , seconded by Councilman Reiss , and
on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted th_is5th day of
July , 1988.
YOR RON DUNIN
ATT T•
CITY CLERK PAMEI4 VOGES
RF,A55
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Resolution No. 6455 (1988 Series)
Page 2
APPROVED:
Utilities Manager
Public Works Director
salinas /hal4
]]
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�-,���
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follows:
o
RESO=CN No, 5454 (1988 SERIES)
A RESO=CN OF ME cow= OF mm QTY OF SAN
IUI.S OBISPO ADOPTING AND RATIFYM ME M ERANDUM
OF AGR1 ME U BEWEEN MM QTY OF SAN LUIS OBISPO
AND ME SAN.IUIS OBISPO POLICE STAFF OFFICERS'
ASSOCIATION FOR M PERIOD OF JULY 11 1988 -
JUNE 301 1993.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
Section 1. The Memorardm of Agreement between the City of San Luis
Obispo and the San Luis Obispo Staff Officers' Association, attached hereto as
Fdibit "A" and inoorpo "rated herein by this reference, is hereby adopted and
ratified.
Section 2. The Finance Director shall increase the Personnel Services
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- •6�• Is . - - u. c• •.4U•- • ..w
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: Robert
Downey, President SIAPSOA; Ann Crossey, Personnel Director; William Statler,
Finance Director.
On motion of Councilman Settle . seoorded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 5th day of July 1988.
R64 54
Resolution No. 6454
Page 2
ATPES :
p", b",
City erk Pam V es
City tive Officer
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(1988 series)
yor Ron Z
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UM cast of SAN arts OBIM
SAN IT TTC OBISM
JULY it 1988 - JUNE 30, 1993
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my'Insoffel •el
Article No.
Title Page No.
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PARTIES TO AGREEMENT .... ...............................
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RECOGNITICN ............. ...............................
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COCK OFFIUM DEDUCTION ...............................
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EMPLOYEE RIGIM ......... ...............................
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MANAGEMENT RIGHTS ....... ...............................
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ROLE ..... ...............................
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RENEGOTIATIONS .......... ...............................
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SALARY .................. ...............................
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SAIA,Rit SURVEY AGIIdC2FS ... .... ...........................
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PAYDAY .................................................
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GENERAL PROVISIQNS ......................................
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BFAL'Iii CARE IlM?MCE ... ...............................
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RF'IREF'S MEDICAL INSURANCE ............................
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RErIREMENT .............. ...............................
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UNg'aW A ZIDI NCE ....... ...............................
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MANAGEMENT DEVELOPMENT P: COGRAM
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Holln YS ................. ...............................
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VAC'ATICN DAVE .......... ...............................
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AUvn2USIRA= LEAVE ..... ....... ........................
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SICK LEAVE .............. ...............................
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FAMILY LEAVE ............ ...............................
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BEREAVEMENT,LEAVE ....... ...............................
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CHANCE PROCEDURE ...... ...............................
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C. C
Article No. Title
24 FULL AGRI]T .......... ...............................
25 SAvn4GS CLAUSE ......... ...............................
26 OPENERS ...............................................
27 TERM OF AGREEMENT ....... ...............................
28 AUIHM= AGEN'T'S ...... ...............................
29 TEFU4 OF AGIUMET,= ...... ...............................
Pam .No.
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ARTICLE 1
PARTIES TO P,GREFMEN'I
This Agreement is made and entered into this 5th day of July, 1988, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and
the San Luis Obispo Police Staff Officers' Association, hereinafter referred
to as Association.
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ARTICLE 2
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Pursuant to Goverment Code Section 3500 et seq and City Resolution No. 3405,
the City hereby recognizes the San Luis Obispo Police Staff Officers
Association as the exclusive bargaining representative for purposes of
represet regular and probationary employees occupyiM the position
Classifications of Police Sergeant, Police Liegtenant and Police Captain for
the duration of this Agreement.
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ARTICLE 3
C= OFF/DUES �cr1oN
The City shall deduct dues from City employees and remit said dues to the
Association on a semi. -mthly basis for the duration of this Agreement,
whi ch
dues shall not include assessments.
Monthly dues deduction, additions,, and/or deletions shall be recorded by the
City's Finance Offices and a notification of all dues transactions shall be
sent semi - monthly to the Association President.
The Association shall hold the City harmless from any and all claims, and
will indemnify it against any unusual costs in implementing these provisions.
Additional provisions can be found in Section 20 of Resolution No. 3405 (1977
Series) .
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ARTICLE 4. 10
E PIDYEE 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.
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C' O
A=CLE 5
MANAGE MM RTGM
Mae rights of the City include, but are not limited to, the exclusive right
to determine the mission of its constituent departments, omissions and
boards; set standards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from. duty because of lack of work
or for other legitimate reasons;. maintain the efficiency of government
operations; determine the methods, means and personnel by which government
operations are to be ccted; determine the content of the job
classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its
organization and the technology for performing its work.
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ARTICLE 6
ROLE
Members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization 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 organization) on
subjects within the scope of representation during regular duty or work hours
without loss of ccupensation or other benefits. The employee organization
shall, whenever practicable, submit the name(s) of each employee
representative to the Municipal Employee Relations officer at least two
working days in advance of such meetings. Provided further:
(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 sduxti ing by City management
consistent with operating needs and work schedules. Nothing
provided herein, however, shall limit or restrict City management
from schedu iM such meetings before or after regular duty or work
hours.
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CMS
If at the expiration of the term of this Agreement, either party wishes to
make changes to this Agreement, that party shall serve upon the other, its
written request to negotiate, as well as.its initial proposals for an amended
Agreement. Such notice and proposals must be submitted to the other party
between 15 April and 1 May. If notice is properly and timely given,
negotiations shall commence no later that 15 May.
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ARTICLE 8
SALARY
RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of five steps (1 through 5). Steps 1 through
4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across -the board % salary increase shall raise step 5 of the
respective range by the %. After all step 5's of salary ranges have been
established, each step 5 shall be rounded off to the nearest $1.00 and
the remaining steps established in accordance with the above formula.
2. The time in step progression for employees with satisfactory performance
will be as follows:
6 months at Step 1
6 months at Step 2
1 year at Step 3
1 year at Step 4
3. Employees who are eligible for advancement to step 4 or 5 after July 1,
1988, must receive a "Meets Performance Standards" or better on the
overall rating on their most recent Performance Appraisal prior to or
coincident with their being eligible for advancement by time in grade.
4. The department head shall be authorized to reevaluate employees who reach
Step 5 in their pay range. An employee who is not performing up to
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standard for the fifth. step shall be notified in writing that the
department head intends unless
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to reduce him one step his job performance
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improves siT ificantly within a 60 -day period. Unless the employee's job
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performance improves to an acceptable level by the end of 60 days, the
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pay reduction shall then become effective. The fifth step may be
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reinstated at any time upon of the department'.head. If
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the department head deems it necessary to again rove the fifth step
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during the same fiscal year, he may make the change at any time with
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three business days' advanced written notice.
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5. All incumbents in positions shall retain their current step status and
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salary review date for future changes.
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The proposed Fay ranges shall reflect a m9ni,m,m of 10% differential between.
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the top step for Police sergeant and Police lieutenant and the same
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diffPl� between top step for Police Lieutenant and Police Captain. The
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Association and City agree that the salary schedule established as part of
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the 1986 reorganization reduced and unduly dressed the Police
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Mid -management salaries' Me Proposed July 1988 salary schedule for exempt
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Police positions and the parity increase for July 1989 are therefore
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established. All salary increases shall occur on the first day of the first
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Fay Period cericirig in the specified month.
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sALAxx sue:
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Effective July 1, 1988 the following exempt salary schedule (step 5) is
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established:
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DATE sEREANT LIELTrENANT CUMUN
7/1/88 $3,350 $3,694 $4,062
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1/1/89 31520 31880 41267
7/1/89 31695 41074 41481
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1/1/90 31769 41155 4,570
7/1/90 3,920 41321 41753
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1/1/91 41037 4,451 4,895
7/1/91 41198 41629 51091
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1/1/92 41324 4;768 51244
7/1/92 41497 4,959 81454
1/1/93 41632 5;107 51617
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A=CTE 9
SALARY SURVEY AGENCIES
For purposes of external comparisons the agencies to be used for review of
compensation shall be those agencies used for review in Management
Compensation. These currently include:
Chico
Davis
Monterey city
Napa
Pleasanton
Redding
Salinas
San Clemente
Santa Cruz
Santa Maria
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ARTICLE 10
PAYDAY
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every
other nmrsday. 'nlis disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
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ARTICLE 11
GENERAL PROVISIONS
PAYCHEM PRIOR TO VACATION:
If an employee is taking vacation leave and wishes to receive his 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.
MANAGEMERr BENEFIT:
Employees filling these positions shall receive $25,000 term life insurance
and longterm disability insurance, paid by the city, for recognition of
their management responsibilities.
OVER=:
All positions shall be considered exempt and not eligible for overtime
payment, or any minimm return to work minbmms or compensation time off
except as noted under administrative leave or due to extraordinary
circumstances specifically ordered by the Police Chief.
An officer's place of residence shall be within a thirty (30) minute driving
radius from San Luis Chispo proper.
EQT=CN INC =VE PAY - LINE UP PAY - LONGEVITY PAY:.
All positions shall be considered Mid- mngagement and not eligible for
educational incentive pay, line up Pay, longevity pay, or other special pays.
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ARTICLE 12
HE= CA - MSURAxcE
Effective December 1988, City agrees to contribute $300.00 per month for
medical, dental, vision and life insurance for each regular, full -time
employee covered by this Agreement.
City shall pay to each full -time regular employee prior to December 22, an
annual lump sum payment (subject to appropriate taxation) for the difference
between $300.00 per month or the prorated share for less than full -time
employees, and any lesser sum expended by the employee for medical, dental,
vision and life coverage for the period of January 1 through December 31.
This shall be amended to ocnform with the P.E.R.S. Cafeteria Plan as needed
if and when such plan becomes available.
The Association shall actively participate in the Medical Plan Review
Committee. Such cc=3.ttee shall. review medical plans and may recommend plan
benefit changes. The Association shall accept any changes rec=mended by a
majority of. the participating Association.
The City's contribution shall be increased to $325.00 December 1990 and to
$350.00 effective December 1992.
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ARTICLE 13 .
REIMME'S MEDICAL INSURANCE
Employees covered by this Agreement who meet all of the conditicns set forth
below, are eligible to participate in the group medical coverage provided by
the City. Such coverage shall be at the group rate and shall be paid totally
by the employee. The qualifying cm%Utions are:
(a) The employee must retire from City service, apply for and actually
receive retirement benefits through the City's retirement system.
(b) The employee must be at least 50 years of age.
(c) The employee must have at least ten (10) years of service with the
City.
(d) Me employee may have depox ent coverage only for those dependents
covered for the last year of employment with the City.
(e) All employee and dependent coverage will cease upon the death of 4
employee or upon the employee reaching age 65.
This benefit only applies to employees who retire during the term of this
Agreement. M- s benefit shall continue beyond June 30, 1993, if, and only
if, there is mutual agreement of the parties to continue such benefit.
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ARTICLE 14
R�rzREMENr
Effective 1 July 1987, City agrees to provided PERS 2% at 50 for sworn
personnel with four amendments, namely, Post Retirement Survivor Allowance,
the 1959 Survivor's Benefit, age 50 voluntary retirement, and one -year final
compensation. All employees hired as sworn officers on or after 1 July 1987
shall have their final compensation for retirement purposes figured on their
highest three (3) years.
The City shall wntinue to pay the employee's contribution to PERS. This
amount is 9 %.
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A=CLE 15 '
LWIF M ALIOWNCE
Each employee required to wear a uniform shall receive an ammual uniform
allowance as provided below arxi is expected to purchase and maintain in good
repair all required uniform pieces.
The uniform allowance shall be:
1 July 88 $800.00
1 July 89 $600.00
1 July 90, 91, 92 $700.00
This shall be issued to the employee each July in a lump sum payment on a
separate check exclusive of any taxes or other withholding unless
specifically required by federal or state law.
If an employee is off duty for more than three (3) pay periods, the following
July's allowance should be reduced by the appropriate prorated amount.
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ARTICLE 16
MANAGEMMC DEVEI DPMENT PROGRAM
The City shall provide an amount not to exceed $750 per year for each member
of the unit to partially offset expenses incurred in the professional
development of knowledge, abilities and skills desirable in managers and
leaders and expenses incurred which are normally considered professional
obligations of persons in management positions. Written justification and
receipts shall be reported to the Police Chief for payment authorization.
The Police Chief shall briefly evaluate and summarize in writing to the City
Administrative Officer the results and success of the program and may
recommend the program be discontinued for any year after the second year if
the program is not deemed effective in management development areas.
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ARTICLE 17
00101111�a1W
For all employees, holiday leave shall be accrued as earned each payroll
period at a rate of 8 hours per month. The following days of each year are
designated holidays for non -shift employees:
January 1 - New Year's Day
February 12 - Lincoln's Birthday
Third Monday in February - Washington's Birthday
Last MmxW in May - Memorial Day
July 4 - Independence Day
First Y=iday in September - Labor Day
September 9 - Admission Day
Fourth Monday in October - Veteran's Day
Fourth Tt= sday in November - Thanksgiving Day I
December 25 - Christmas
Employee's Birthday
One-half day before Christmas
One -half day before New Year's
- Mien a holiday falls on a Saturday, the preceding Friday shall be
observed. Mien a holiday falls on a Sunday, the following Monday shall
be observed.
- Except with the prior written approval of the Chief, non -shift personnel
shall take the holidays as scheduled above.
- If the department is rouble to allow shift employees to take holiday
leave, the Chief may approve payoff of holiday leave on a straight time
basis. The payoff may occur once quarterly. This payoff is subject to
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annual approval of the Chief.
- Employees may accrue a max ;nnim of holiday time not to exceed their annual
rate.
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A= -CLE_ 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 cmTpletion 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 vacation leave until accrued.
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 schedule
vacation. Vacation schedules will be based upon the needs of the City
and then, insofar as possible, 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 maYimmm+ vacation accrual. However, in
no event shall more than one such extension be ,granted in any calendar
yam'•
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
sick leave under the following conditions.
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1. A physician's statement certifying that illness, injury or exposure
to contagious disease has occurred is presented to the supervisor
upon +^e*+=+; ng 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
masr;mim, of twice the annual rate.
Effective January 1, 1987, 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. Effective 1 December 1988, 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.
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ARTICLE 19
N
ADNIIIdISTRATIVE_LEAVE
All members of unit are exempt from paid overtime except as specifically
authorized by the Police Chief due to extraordinary circumstances. In
general, managerial employees are expected to work the hours necessary to
successfully carry out their duties and frequently must return to work or
attend meetings and events outside their normal working hours.
In recognition of these requirements and the 24 -hour staffing requirements of
Police Departments, all members of this unit shall be afforded flexibility in
managing their work load and time and are eligible to take a maximum of 64
hours per calendar year of Administrative leave. Such leave may be taken at
any time during the year, however, in cases where a person is not actively
employed in an exempt position with the city during the full year such lea
shall be prorated or if the yearly amount earned is wed during the year
the amounts shall be prorated. (For example, all sergeants shall have
available a maximum of 32 hours of acbdnistrative leave during 1988 if
employed as a sergeant between July 1, 1988 and December 31, 1988. All
Captains and Lieutenants employed at the 40 hours per year rate between
January 1, 1988 and June 30, 1988 and at the new rate of 64 hours per year
between July 11 1988 and December 31, 1988 shall be eligible for a total of
52 hours maximum during 1988.) For purposes of doting monthly amorous the
rate of 5.33 hours per month may be used. There shall be no carryover- of
such leave frc>tn year to year or any payoff for unused leave except that
during the month of December in 1990, 1991, and 1992 employees may request up
to 40 hours of unused adaunistrative leave to be paid in cash provided that
total taken and paid does not exceed 64 hours during the calendar year. 4
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ARMCLE 20
SICK LEAVE
ACCmulation of sick leave days shall -be unlimited.
Upon term nation 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 CaMencetent of PERS benefits:
(1) After ten years of coht.nucus employment = 16%
(2) After twenty years of eont Mous employment - 15%
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ARTICLE 21
FArMY_ IEAVE
An employee may take up to 16 hours per year of sick leave if required to be
away from the job to personally care for a member of his/her immorliat
family, meanirg spouse, child, brother, sister, parent, parent-in-law, step-
parent, step - brother, step - sister, grandparent, or any other relative living
in the same household. This may be extended to 40 hours per year if the
family member is part of the employee's household, and to 56 hares if a
household family member is hospitalized and the employee submits written
verification of such hospitalization. These am=,ts are annual ,na�riim;,nc, not
ma== per qualifying fmiLily member.
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AF7TICLE_22
EEEZEAVEMENT LEAVE
At each employee's option, sick leave.may be used. to be absent fxffi duty due
to the death of am-ember of the employee's immediate family, meaning spouse,
child, brother; sister, parent, parent -inn -law, step"Paresit, step - brother,
step - sister, grandparent, or any other relative living -in the same household,
provided such leave as defined in this section shall rent 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.
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AKI'ICLE 23
QUMVANCE PROCEOM
A grievance is defined as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any memorandum of
Agreement, excluding disciplinary matters, or other matters as fall within
the scope of representation. Each grievance shall be handled in the
following manner:
A. The employee who is dissatisfied with the response of the imediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative
to many 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 immediately submit the
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. Mus action must
take place within fifteen (15) business days of the occurrence of the
grievance. The department head shall pxsunptly consider the grievance and
render a decision in writing within fifteen (15) 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 immediately submit the grievance in writing to the Personnel
Director within five (5) business days of receiving the department head's
decision. The Personnel Director shall confer with the employee and the
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other.investigaticns as may be advisable.
D. The results or 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 shall be in writing and given to
the employee within fifteen (15) 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 five (5) business days following receipt
of the City Administrative Officer's decision to submit a written request
to the Personnel Board through the Perscmel'Disectcr 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
reoamen ds overruling or modifying the City Administrative Officer's
decision, the City Administrative Officer shall comply or appeal this
recamnendation 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 fifteen (15) business days of submittal.
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ARTICLE 24 ,
FULL AGREEh�iT
It is understood this Agreement represents a complete and final understanding
on all negotiable issues between the City and the Association. This
Agreement supersedes all previous Memoranda of Understanding or Memoranda of
Agreement between the City and the Association except as specifically
referred to in this Agreement. The parties, for the term of this Agreement,
voluntarily and unqualifiedly agree to waive the obligation to negotiate with
respect to any practice, subject or matter not specifically referred to or
covered in this Agreement even though such practice, subject or matter may
not have been within the knowledge of the parties at the time this Agreement
was negotiated and signed. In the event any new practice or subject matter
arises during the term of this Agreement and an action is proposed by the
City, the Association will be afforded notice and shall have the right to '
meet and confer upon request.
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ARTICLE 25
SAVINGS CLAUSE
If any provisions of this Agreement should be held invalid by operation of
law or by any court of ccopetent 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.provisicn within a thirty
(30) day work period. If no agreement has been reached, the parties agree to
invoke the provision of inpasse under Section 13 of city Resolution No. 3405
(1977 Series).
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rozavical
There shall be the following reopeners:
1. The eampt salary schedule was established, in part, to provide for an
appropriate differential between the ran - exempt Police Officer position
and the newly created exempt Sergeant position. In May, 1991, the top
step of the range for Police Officer shall be compared to the top step of
the range for Police Sergeant. If the differential is less than 10$ then
the City and Association shall reopen negotiations on salary only to
address this issue prior to the July 1991 salary increases being
implemented.
2. If the CPI-J for the IA/LB area published in May 1991 reflects an annual
cost of living increase greater than 10% for the preceding 12 month
period then the City and Association shall reopen negotiations on salary
only to address this issue prior to the July 1991 salary increases being
implemented.
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A=CLE 27
1
TERM OF AGF2EEMEN7'
2
This AgxeeMent shall became effective upon adoption. of Council, except that
3
those provisions which have specific . implementation dates, shall be
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implemented on those dates and shall ranai+ in full force and effect until
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midnight June 30, 1993.
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1 ARTICLE 28
2 AiJTHORIZED AGEM
3 For the puzpose of administering the terms and provisions of the Agreement:
4 A. The Association's principal authorized agent shall be the President
5 (acidness: 1042 Walnut Street, (P.O. Box 1328), San Luis Obispo,
6 California 93401; telephone: (805) 549 - 7313).
w
7 B. Management's principal autIm ized agent shall be the Persormel
8 Director or his/her duly authorized representative (address: P.O.
9 Box 8100, San Luis Obispo, California 93403; telephone: (805)
10 549 - 7252).
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AR== 29
MM OF
Mis Agreement shall become effective as of July 1, 1988 and shall continue
in fill force and effect until expiration at midnight, Jtme 30, 1993.
SIG =
1. M _ _` V_ •I covered Agreement arxi included within unit
are Police Sergeant, Police Lieutenant and Police captain.
2. Mis Agreement dam • apply to Temporary Eziployees or Part-time
Eqalcyees-
MUS
•. • z ti •:� -• MMMMy a •a -•
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Ann Cressey, rs Director Dganey,i iderit
Toby Ross, Assistant C.A.O. Dan Hlanke,
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0 0
RESOLUTION NO. 6453 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF
THE CITY OF SAN LUIS OBISPO APPROVING THE
FINAL MAP FOR TRACT NO. 1264 - UNIT 3
(SUMMER HILLS ASSOCIATES, SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning
Tract No.1264 as contained in Resolution No. 5967 (1986 Series),
and,
WHEREAS, all conditions required for Tract No. 1264 (Unit 3)
have been met or bonded for and /or are conditions of building
permits,
NOW THEREFORE BE IT RESOLVED that final approval is hereby
granted for Tract No. 1264 (Unit 3).
On motion of Councilman Settle , seconded by Councilman Reiss
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day
of July , 1988.
ATTEST:
2nwj1a-.")" —
CI CLERK PAME 16 VOGES
YOR RON DUNIN
R6453
M
Resolution No. 6453 (1988 Series)
Page 2
APPROVED:
ity Engineer
Community Development Director
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RESOLUTION NO.6452 (1988 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION NO.
6347 (1987 SERIES) ELIMINATING A VARIANCE FROM THE CITY'S FLOOD DAMAGE
PREVENTION REGULATIONS AT 885 MURRAY STREET
WHEREAS, a variance from the City's Flood Damage Prevention
Regulations was granted for a remodel by Dr. Felino Cruz ( "Owner ") at 885
Murray Street pursuant to Resolution No. 6347 (1987 Series); and
WHEREAS, Owner has asked the City to rescind this variance based on
his decision not to pursue the remodel,
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo that Resolution No. 6347 (1987 Series) is hereby rescinded.
On motion of Councilman Settle , seconded by Councilman Reiss ,
and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
R6452
Resolution No.
Page 2
C
6452 (1988 Series)
the foregoing Resolution was passed and adopted this
of July , 1988.
AT ST
uf
CI Y CLERK PAM VOM
City ioministratAve Officer
City Attorney
dity'Engineer (/
Community Development Director
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5th _ day
MAYOR RON DUNIN.
M M M M M M M
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RESOLUTION NO.6451 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE TANK FARM ROAD /SPRR UNDERCROSSING - EDNA /ISLAY AREA
(THE PACIFICA CORPORATION)
WHEREAS, the City Council entered into an agreement with Pacific
Ventures, a California Joint Venture, on August 19, 1986 pursuant to
Resolution No. 6054 (1986 Series) which provided for the construction of a
railroad underpass for Tank Farm Road, and
WHEREAS, The Pacifica Corporation assumed the responsibilities of Pacific
Ventures as Successor -In- Interest , and
WHEREAS, The Pacifica Corporation has completed the railroad underpass to
the satisfaction of the City and the Southern Pacific Transportation Company
and has asked the City to accept the bridge,
NOW THEREFORE BE IT RESOLVED that the Council hereby accepts the Tank
Farm Road Bridge (SPRR Undercrossing) for maintenance and operation. The
Faithful Performance Bond is hereby reduced to $110,000 to be held for one
(1) year as a warranty per the Developer's Agreement. The Labor & Materials
Bond is released in accordance with the California Civil Code of Procedures.
On motion of Councilman Settle - , seconded
by Councilman Reiss , and on the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of July 1988.
AT ST C
4,A�11 - j
CI Y CLERK PAMELA OGES
MAYOR RON DUNIN
x x x x x x x x R6451
C
Resolution No. 6451 (1988 Series)
Page Two
APPROVED:
City A inistrativ ffi
City Attorn
Community::Development Director
/City Engineer
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EXHIBIT C
1988 - 1989
ANNUAL WORK PROGRAM
GOALS AND OBJECTIVES
I. Provisions for Resources and Services
A. Develop and implement a plan for obtaining supplemental
water resources.
B. Continue implementation of the Wastewater Management Plan
including upgrading the plant and collection system
providing for beneficial use of the treated effluent.
II. Health and Safety
A. Review revised Flood Management Policy.
B. Review and adopt a Fire Master Plan.
C. Review and adopt a Five -Year Police Services Plan.
III. Parking, Circulation and Public Transportation
A. Implement and monitor the Parking Management Plan.
IV. Housing
A. Participate in the development of a Homeless Program in
collaboration with the County, other public entities, the
private sector, and service providers.
V. Beautification, Recreation and Cultural Development
A. Support three -party agreement to develop a performing arts
facility at Cal Poly. Explore feasibility of increasing
the Lodging tax by two to three percent.
B. Encourage and support a voluntary program for "art in
public places" including city matching funds.
C. Develop and implement a pilot donor tree - planting program,
specifically in and around the Laguna Lake Park area and
provide a means to recognize donors.
D. Continue improvements and beautification of Mission Plaza
(amphitheater).
E. Encourage and support private efforts to beautify downtown.
C'
VI. Planninu Issue
A. Review and adopt a comprehensive revision to the General
Plan including: land use; circulation; parks and open
space; annexation; and downtown strategy.
B. Review and adopt the Airport Area Specific Plan.
C. Review and adopt a Facility Master Plan, including a
development program for additional space for activities at
City Hall.
VII. Fiscal Independence
A. Review and implement the Financial Services Plan, including
a revision to the business tax ordinance; consideration of
fees and charges; and updating of the Strategic Planning
program.
B. Support and implement a development project for Court
Street.
VIII. City Council and Administration
A. Participate in an organizational development program for
the City Council and Management Team.
B. Continue joint meetings with Advisory Bodies to improve
communication and to review the activities and roles of the
advisory bodies.
C. Continue participation in the Cal Poly Liaison Committee to
improve community /university relations.
D. Establish a Charter Committee to review and recommend
revisions to the City Charter.
E. Review and modify the City Council's policies and
procedures.
F. Evaluate the Volunteer Program and adopt a policy to
encourage expanded use of volunteers.
EG88043 /TXTELLA
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..
RESOLUTION NO. 6450 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING APPROPRIATIONS FOR THE 1988 -89 FISCAL YEAR
WHEREAS, the City Council adopted the 1987 -89 Financial Plan on
June 30, 1987 which established comprehensive financial and policy
guidelines for the 1987 -88 and 1988 -89 Fiscal Years; and
WHEREAS, the 1987 -89 Financial Plan included appropriation estimates
for Fiscal Year 1988 -89; and
WHEREAS, the City Council has reviewed proposed changes to 1987 -89
Financial Plan to be effective for Fiscal Year 1988 -89 after scheduled
public budget study sessions and hearings held between February 9, 1988
and June 6, 1988; and
WHEREAS, a summary of the City Administrative Officer's recommended
adjustments to the 1987 -89 Financial Plan for Fiscal Year 1988 -89 is
provided in Exhibit A (Operating Budget) and Exhibit B (Capital Budget)
which are herein incorporated by reference and attached hereto; and
WHEREAS, the City Council, has reviewed an Annual Work Program for
1988 -89.
NOW, THEREFORE, be it resolved by the Council of the City of San Luis
Obispo that the Operating and Capital Budget for the Fiscal Year beginning
July 1, 1988 and ending June 30, 1989 as summarized below and referenced
in Exhibits A and B is hereby adopted:
R6450
C'' v
Resolution No. 6450 (1988 Series)
Page 2
1988 -89 BUDGET SUMMARY
Public Safety .............
Public Utility............
Transportation............
Leisure, Cultural, and
Social Services..........
Operating Capital
$ 7,479,400 $ 484,000
5,373,800 4,032,000
2,482,000 2,760,000
3,028,600 741,800
Community Development..... 2,290,900 27,000
General Government........ 2,566,100 993,000
TOTAL ........... $23,220,800 $9,037,800
Further be it resolved that the Annual Work Program for 1988 -89 as
provided in Exhibit C and attached hereto is hereby approved.
On motion of Councilwoman Rappa, seconded by Councilwoman Pinard,
and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard and Reiss
NOES: Councilmembers Settle.and Mayor Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of
June , 1988
ATTEST
CITY CL RK PAM VOGES
APPROVED:
ive Officer
City
rector of Finance
4e�g 7�-.AF.Ag _ _
MAYOR RON DUNIN
O
OEXHIBIT A
CITY OF SAN LUIS OBISPO a 1988 -89 OPERATING BUDGET
1987 -89 RECOMMENDED PROPOSED
FINANCIAL PLAN* ADJUSTMENTS 1988 -89
Public Safety:
Police Protection .................... 4,072,100
Fire & Environmental Safety.......... 3,283,400
Disaster Preparedness ................ 55,100
Public Utilities:
Water Service ........................ 3,303,900
Wastewater Service ................... 1,150,300
Whale Rock Reservoir & Fishing....... 415,100
Special Assessment Districts......... 8,500
Transportation:
Streets /Flood Control ................
Parking Operations & Maintenance.....
Parking Enforcement ..................
Municipal Transit System .............
Vehicle & Equipment Maintenance......
Leisure, Cultural, and Social Services:
Parks and Recreation:
Recreation and Aquatic Programs....
Landscape, Parks, & Swim Center
Maintenance ...................
Tree Maintenance .....................
Golf Course ..........................
City /County Library ..................
Community Promotion...................
Human Relations .......................
Community Development:
Planning .............................
Construction Development:
Engineering ........................
Construction Regulation............
Economic Development -
Business Improvement Area (BIA) ....
General Government:
City Council .........................
General Administration ...............
Legal Services .......................
City Clerk ...........................
Finance Administration ...............
Personnel Administration .............
Public Works Administration..........
Buildings (Operations & Maintenance).
Non - Departmental .....................
1,318,100
340,000
72,100
513,600
190,700
1,323,200
34,800
34,000
0
218,700
43,100
234,200
0
15,000
32,500
0
0
0
I
4,106,900
3,317,400
55,100
3,522,600
1,193,400
649,300
8,500
1,333,100
372,500
72,100
513,600
190,700
1,323,200
860,100
0
860,100
211,700
0
211,700
208,900
6,600
215,500
5,000
0
5,000
220,000
0
220,000
193,100
0
193,100
789,000
129,000
918,000
709,900
6,700
716,600
487,800
30,000
517,800
111,000
27,500
138,500
78,800
0
78,800
285,700
0
285,700
171,400
0
171,400
205,500
0
205,500
478,600
0
478,600
276,000
0
276,000
215,500
7,200
222,700
357,600
15,000
372,600
474,800
------------------------------------
0
474,800
- - - - --
Total ......................... 22,386,500 834,300 23,220,800
* Adjusted to reflect approved Memorandums of Understanding
and other salary changes scheduled for 1988 -89.
EXHIBIT B
CITY OF SAN LUIS OBISPO a 1988 -89 CAPITAL IMPROVEMENT BUDGET
1987 -89 PROPOSED PROPOSED
FINANCIAL PLAN CHANGE 1988 -89
Public Safety:
Fire & Environmental Safety.......
484,000
0
484,000
Public Utilities:
Water Service .....................
2,987,000
0
2,987,000
Wastewater Service ................
0
1,045,000
1,045,000
Transportation:
Streets /Flood Control .............
2,192,000
508,000
2,700,000
Parking Operations & Maintenance..
0
60,000
60,000
Leisure, Cultural, and Social Services:
Parks and Recreation ..............
352,000
242,300
594,300
Cultural Facilities ...............
38,500
0
38,500
Golf Course .......................
109,000
0
109,000
Community Development:
Planning ..........................
15,000
0
15,000
Cultural Heritage .................
0
12,000
12,000
General Government:
Administration ....................
67,000
0
67,000
Buildings .........................
-------------------------------------------------
846,000
80,000
926,000
TOTAL ........................
7,090,500
1,947,300
9,037,800