HomeMy WebLinkAbout9393-9402® J
RESOLUTION NO. 9402 (2002'Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPOINTING GILBERT TRUJILLO ACTING CITY ATTORNEY
WHEREAS, City Attorney Jeffrey G. Jorgensen will be retiring February 9, 2003 and
will be vacating his office on or around December 20, 2002; and
WHEREAS, the City has a need for interim City Attorney services.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that Assistant City Attorney Gilbert Trujillo be appointed Acting City Attorney effective
January 1, 2003 that is the beginning of the next full pay period following Mr. Jorgensen's
departure at a monthly salary of $8, 580.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Schwartz and Settle,
Vice Mayor Mulholland and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of December 2002.
Mayor David F. Romero
City Clerk
APPROVED AS TO FORM:
of J6r se City Attorney
R 9402
P,uh, 1:2)44(d
44'-1),,. ,
• o
RESOLUTION NO. 9401 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR JOINT USE OF
FACILITIES AND THE PROVISION OF PROGRAMS
WHEREAS, the City and the District have unmet facilities needs; and
WHEREAS, each agency has the facilities other needs; and
WHEREAS, there is a history of point use of facilities and cooperation between the agencies
dating back to 1952; and
WHEREAS, the City has developed recreation facilities on district land; and
WHEREAS, this agreement provides activities to the public served by both agencies; and
WHEREAS, this agreement allows the City to provide certain recreation services in a cost
effective manner.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to approve the Joint Use Agreement for the Joint Use of Facilities and Provision of Programs,
attached to the Resolution as Exhibit A.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:.
AYES: Council Members Ewan, Schwartz, Settle, Vice Mayor Marx and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of December 2002.
Mayor David F. Romero
ATTES
Lee Price, C.M.C.
City Clerk
L
J f e G. Jor ens City torney
I.ZZi111
Bishop's Peakrreach
Elementary School
Middle
CL
Joint Use sites
® child care
® field
4
gym
park
0 pool
0 school
® tennis cou
City limits
r L_i i, i = N
Joint Use Facilitie. `
E
D(H1131T W*
kf_D�nKurn GlomGn4aN
,I, San Luis Obispo High School
C
Los Ranchos Elemen
Elementary Schools with joint -use multi- purpose rooms
���� � C
�����
RESOLUTION NO. 9400 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO
ACCEPTING THE DONATION OF $859000 FOR THE PURCHASE OF PUBLIC ART
SCULPTURE "PUCK"
WHEREAS, the sculpture "Puck" was removed from the community by the artist; and
WHEREAS, pursuant to receipt of a letter from citizens in the community, Exhibit A
attached herein, indicating these citizens chose to donate $75,000 to the City of San Luis Obispo
to enable the City to purchase Elizabeth McQueen's sculpture "Puck" for the its public art
collection; and
WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached herein, all
donations exceeding $5,000 shall be accepted through a written agreement consistent with these
guidelines and approved by City Council; and
WHEREAS, Exhibit A serves as the written agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby accepts the donation of $75,000 subject to the terms and conditions of Exhibit A
and B.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz and Settle; Vice Mayor Mulholland,
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3rd day of December 2002.
Mayor David F. Romero
ATTES
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM:
I / /I�/ •1� `ice.✓ , ,
M400
I'd
E
•
RESOLUTION NO. 9399 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING THE TENTATIVE MAP FOR A MINOR SUBDIVISION WITH
EXCEPTIONS TO LOT DEPTH AND DRIVEWAY SETBACK FOR PROPERTY
LOCATED AT 530 SERRANO DRIVE
MS/ER 110 -02 (MAP #SLO 02 -337)
WHEREAS, the City Council conducted a public hearing on December 3, 2002 and has
considered testimony of interested parties and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff; and
WHEREAS, minor subdivisions with requests for exceptions require City Council
review and approval.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Denial. That this Council, after consideration of the project, staff
recommendations, public testimony, and reports thereof, hereby denies the request, based on the
following findings:
1. The project site is not physically suited for the type and density of development
allowed in the R -1 zone, because the existing parcel is less than 180 feet deep and
cannot accommodate the proposed lot split and meet Subdivision Regulations
requirements for lot depth.
Upon motion of Council Member Settle seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES:
Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland
NOES:
Mayor Romero
ABSENT:
None
the foregoing resolution was adopted this 3rd day of December 2002.
A : L 1
77,
Lee Price, C.M.C.
City Clerk
i
MUT • �. • ' • •
R 9399
Resolution No. 9399 (2002• es) O
Page 2
APPROVED AS TO FORM:
Cod m 0 •
��D
RESOLUTION NO. 9398 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION
DECISION TO DENY A REQUEST FOR A HIGH - OCCUPANCY
RESIDENTIAL USE PERMIT FOR PROPERTY LOCATED ON 520
GRAND STREET; APPLICATION NO. A 90 -02
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose
of considering an appeal of the Planning Commission's decision to deny an application for a
High Occupancy Residential Use Permit, Application No. A 90 -02, a request to allow occupancy
of a single - family residence by eight adults; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on September 11, 2002, for the purpose of considering Application No. A 90 -02,
and denied the application; and
WHEREAS, the City Council has reviewed the records of the August 16, 2002
Administrative Hearing and the decision of the Administrative Hearing Officer; and the records
of the Planning Commission hearing on September 11, 2002; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Denial. Based upon all the evidence, the Council denies the appeal and the
proposed High- Occupancy Residential Use Permit, based on the following findings:
1. The proposed use is not consistent with the purpose of the R -1 zone, as stated in the Zoning
Regulations (SLOMC Section 17.24.010), because of the proposed occupancy level, which
would not preserve existing single - family neighborhoods, and would lead to development of
other properties in the neighborhood with detached buildings in a manner more typical of the
City's higher density residential zones.
2. The proposed use is not consistent with the General Plan, because the proposed occupancy
level requires the construction of a detached, three - bedroom building, which is a type of
improvement that is not consistent with Land Use Element Policy 2.2. 10 because it does not
respect existing buildings in the neighborhood that contribute to architectural character in
• •
Resolution No. 9398 (2001 Series)
Page 2
terms of size, spacing and variety.
3. The existing house on the project site is not large enough, based on the standards contained in
the High- Occupancy Residential Use Regulations, to allow for more than five adult occupants
of the project site. The construction of multiple additional bedrooms in a new, detached
building is not compatible with Housing Element Policy 7.2.1 because the proposed building
is more typical of development in the City's higher density residential zones and the increased
intensity of use on this lot would be obvious to neighbors as the occupants walk back and
forth between the main house and the detached bedrooms.
On motion of Council Member Settle, seconded by Council Member Ewan and on the
following roll call vote:
AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland,
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15th day of October, 2002.
ATTEST:
Lee Price, C.M.0
City Clerk
I Ow
David F. '• •
APPROVED AS TO FORM:
Mayor IN
rD� • •
PC.
1iP�li��v�-7 s1e�eo 9. f3u„Y���.
�Je76 6 V- 0-vid Kve
E
3
RESOLUTION NO. 9397 (2002 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPDATING THE CITY'S GRANT MANAGEMENT POLICY
WHEREAS, on August 16, 1994, the Council adopted Resolution No. 8322 establishing an
overall framework for guiding the City's use and management of grant resources; and
WHEREAS, the Council desires to update this policy to authorize Department Heads to
apply for grants and accept awards when they are $5,000 or less, subject to conditions.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the updated grant management policy provided in Exhibit A (Section 740 of the Financial
Management Manual) is hereby adopted.
On motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and
Mayor Romero
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted on the 3'd day of December 2002.
City Clerk
APPROVED AS TO FORM:
�� •
7--,- �:)�� �
Mayor David F. Romero
R 9397
Section 740
OVERVIEW
With state - takeaways and continued decreases in key General Fund revenues, grant revenues
have become an even more important part of the City's overall resource picture, especially in
funding capital improvements. Although grant programs themselves are being reduced and
becoming more competitive, actively seeking out grant revenues that assist in achieving
identified City goals and objectives should nonetheless play a key role in the City's overall
financial health strategies.
The purpose of this policy is to set forth an overall framework for guiding the City's use and
management of grant resources.
GOALS
1. Set forth the importance of grant programs in accomplishing City goals and objectives.
2. Establish general concepts and framework for seeking and managing grant programs.
3. Identify roles and responsibilities in managing grant programs.
4. Establish criteria for evaluating the benefits and costs of grant programs.
5. Set forth the City's policy in complying with Single Audit Act requirements.
GENERAL CONCEPTS AND FRAMEWORK
1. The City will aggressively pursue grant funding from federal, state and other sources,
consistent with identified City goals and objectives.
2. Aside from entitlement grants, the City should focus its efforts on securing grants for capital
improvements. This approach will allow the City to compete for projects we might not
otherwise be able to afford while maintaining financial independence should future grant
sources diminish. Grants for operating purposes may be considered on a case -by -case basis
after careful consideration of the benefits of the program and the ongoing impacts on the City
if grant funding is no longer available.
3. Until the City's financial situation significantly improves, we should avoid grants that fund
"pilot" operating programs or short-term staffing enhancements to existing programs. Taking
on these programs could ultimately aggravate the City's fiscal position should the desire for
the program remain once the grant funding is no longer available.
740 -1
0 •
Grant Management Policy
4. The City will only seek grants when sufficient staff resources are available to effectively
administer the program in compliance with grant requirements and successfully perform the
grant workscope.
5. Indirect costs of administering grant programs will be recovered to the maximum extent
feasible.
6. Operating departments have the primary responsibility for seeking out grant opportunities,
for preparing effective grant applications and for successfully managing grant programs after
they have been awarded.
7. Operating departments should develop a simple system that tracks grant funding availability
in their functional areas. Using this system, all capital improvement plan budget requests
will evaluate and document the ability of grants to assist in funding the project.
ROLES AND RESPONSIBILITIES
City Council
1. Approves grant management policies.
2. Approves all grant applications in excess of $5,000 and delegates receipt and contract
execution to the CAO if delegation is allowed by the grantor agency.
City Administrative Officer
1. Receives grants and executes related contract documents when delegated to do so by the
Council.
2. Develops, recommends and maintains grant management policies.
Operating Departments
1. Develop systems for maintaining ongoing information regarding grant availability within
their functional areas of responsibility.
2. Evaluate benefits and costs of specific grant programs on a case -by -case basis:
a. Purpose of the grant program and its consistency with identified City goals and
obj ectives.
b. Additional staffing, office space, facilities, supplies or equipment that will be required if
the grant is awarded.
c. Ongoing impacts of the grant program after it is completed.
740 -2
• o
Grant Management Policy
d. Responsibilities of other departments and impacts on them in preparing the grant
application or performing workscope if the grant is approved.
e. Amount of indirect costs to be recovered from the grant.
f. Total program costs, including portion funded through grant revenues and any required
City contribution.
g. Source of funding for any required City share..
h. Compliance and audit requirements.
3. Prepare grant applications.
a. Work with the grantor agency in identifying special program requirements and
developing strategies for preparing a successful grant application.
b. Complete grant application documents.
c. Coordinate with affected departments as necessary.
d. For grants in excess of $5,000, prepare a Council agenda report requesting authorization
to seek grant funding. This report should describe the grant program's conformance with
this policy, including the results of the cost/benefit analysis.
e. For grants of $5,000 or less, submit the grant application, subject to the following
conditions:
• It will not add regular staffing.'
• Any matching funds or in -kind contributions are already available within existing
resources, and no additional appropriation of unreserved, undesignated fund balance
or working capital is required.
• At the conclusion of the grant, there will no ongoing commitments or obligations to
continue the program.
• The purpose of the grant program is clearly consistent with current City plans,
policies and goals.
4. Administer grant programs if awarded.
a. For grants in excess of $5,000, prepare a CAO Report (or Council agenda report if
required by the grantor agency) accepting grant award, including grant summary form
(see attached), budget amendment request and any other required City forms or
740 -3
Grant Management Policy
documents; and coordinate execution of grant documents by the CAO and return
executed documents to grantor agency.
b. For grants of $5,000 or less, execute and return grant documents to grantor agency.
c. Notify affected departments of grant award.
d. Maintain financial and other records in accordance with grant requirements.
e. Complete and submit required reports, including requests for funds.
f Monitor grant expenditures and receipt of revenues.
g. Coordinate on -site management reviews by the grantor agency during the grant term.
h. Perform the grant workscope.
5. Complete grant closeout.
a. Complete the grant workscope.
b. Notify affected departments that the project is completed and schedule a "close -out"
meeting if necessary to resolve any final procedural issues.
c. Ensure final receipt of grant revenues.
d. Prepare and submit any required grant close -out documents.
e. Review grant file for completeness.
f. Retain all necessary program and financial records for the period of time required by
grantor agency.
g. Coordinate any on -site management reviews or audits after the grant is completed.
h. Resolve any audit findings.
i. Ensure that the City's policy regarding single audit act requirements is implemented as
discussed below.
740-4
0
Grant Management Policy
Department of Finance
EN
1. Provides technical assistance to operating departments in preparing grant applications,
submitting reports and maintaining records.
2. Coordinates preparation and distribution of single audit reports.
Other Departments
Provide assistance to the managing department as identified during the grant application and
award process.
740.5
0 o
Management Policy
SINGLE AUDIT ACT REQUIREMENTS
Background
The City is subject to the financial and compliance requirements of the Single Audit Act of 1984,
which is applicable to all local and state governments that expend $300,000 or more per fiscal
year in federal grant awards. The purpose of the Act is to:
1. Improve the financial management and accountability of state and local governments with
respect to federal financial assistance programs.
2. Establish uniform requirements for audits of federal grants.
3. Promote efficient and effective use of audit resources.
4. Assure that federal departments and agencies rely upon and use audit work performed during
a single audit rather than performing the audit work themselves.
Under this Act, federal grants are included under an inclusive single audit program that is
incorporated into the City's annual audit and financial report preparation process. During the
audit, tests are made to determine the adequacy of the internal control structure, including that
portion related to federal financial assistance programs, as well as to determine that the City has
complied with applicable laws and regulations.
City's Policy Regarding the Single Audit Approach
For federal grants included in the scope of the City's single audit approach, it is the City's policy
that all financial and compliance issues have been met through the single audit, and follow -up
audits to determine these issues are not necessary unless specifically related to findings or
recommendations included in the single audit report. As noted above, the purpose of the Act is
to establish uniform audit requirements, promote efficient use of audit resources, and assure that
federal agencies rely upon audit work already completed; its purpose is not to audit local
agencies twice. Accordingly, the City will strongly resist any efforts by federal agencies to
duplicate audit work already performed in complying with.Act requirements. As such, whenever
federal grantor agencies request final audits, the managing department should notify the
Department of Finance in order to ensure a consistent response to these types of requests.
ATTACHMENT
Grant Summary Form
740 -6
Grant Management Policy
� O
GRANT. SUMMARY FORM
This form is available on the City Hall "Everyone" Drive as follows: Folder/Financial Management
Templates and Forms; File /Grant Summary Form.
City of San Luis Obispo
GRANT PROGRAM SUMMARY
GENERAL INFORMATION
Grant Title -_
rant o.
Grant Portion
Staffing
Contract Services
Supplies & Other Operating Expenditures
Capital Outlay
Indirect Costs Q % of Direct Costs
TOTAL GRANT COSTS AND REVENUES
General- on of Gran-tWorksco.pe _ -. - -- -.
Granting Agency
Agency Contact
Phone-No.
Is
It
ow Was Urant Portion veterininem, - - - .
esponsi_e - cpartmen
epartmen ontnc
Extension No.
S II Budget Amendment Request Required?- - 'Yee (" ) No { ) .,. Ifya itshould'beanaeAed
Council pprova ate
jApplication Date
Award Date
s _ _ amp etion _ ate
GRANT COST AND REVENUE SUMMARY
Program Cost untmary
Total
Grant Portion
Staffing
Contract Services
Supplies & Other Operating Expenditures
Capital Outlay
Indirect Costs Q % of Direct Costs
TOTAL GRANT COSTS AND REVENUES
Is
It
ow Was Urant Portion veterininem, - - - .
S II Budget Amendment Request Required?- - 'Yee (" ) No { ) .,. Ifya itshould'beanaeAed
OTHER COMMENTS (note any significant or unusual compliance requirements)
reverse
Prepared By a
lalsjorat Voes not nave rove 7fd71dWr t t 'tspreJeFrea
740 -7
otivw� 0 C
•
RESOLUTION NO. 9396 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
FIRE BATTALION CHIEFS' ASSOCIATION FOR THE PERIOD OF
JULY 19 2002 — JUNE 309 2004
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Fire Battalion Chiefs' Association, attached hereto as exhibit "1" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Warren Stephenson, San Luis Obispo
Fire Battalion Chief Officers' Association President and Ann Slate, Director of Human
Resources.
Upon motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on
the following roll call vote:
AYES: Council Members Ewan, Settle, -and Schwartz, Vice Mayor Mulholland,
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3rd day of December, 2002.
ATTEST:
Lee Price, C.M.C.
City Clerk
E:� '4�e
Mayor David F. Romero
Resolution No. 9396 (2002 Series)
Page 2
APPROVED AS TO FORM:
s * Attomey
:__:Exhibit-, I.
=. • U - Resolution 9396
(2002 Series)
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
FIRE BATTALION CHIEFS' ASSOCIATION .
JULY 1, 2002- JUNE 30, 2004
city or
�' san Luis osispo
TABLE OF CONTENTS
ARTICLE NO.
TITLE PAGE N0.
1
PARTIES TO AGREEMENT .................... ..............................1
2
RECOGNITION ....................................... ..............................2
3
EMPLOYEE RIGHTS .............................. ..............................3
4
MANAGEMENT RIGHTS ........................ ..............................4
5
REPRESENTATIVE ROLE ...................... ..............................5
6
RENEGOTIATIONS ................................. ..............................6
7
COMMUNICATION .................................. ..............................7
8
SALARY ................................................. ............................... 8
9
SALARY SURVEY AGENCIES .............. .............................10
10
PAYDAY ..........:...................................... .............................11
11
GENERAL PROVISIONS ....................... .............................12
12
HEALTH CARE INSURANCE ..........:...... .............................13
13
RETIREMENT ........................................ .............................17
14
UNIFORM ALLOWANCE ..............:........ .............................18
15
HOLIDAYS ............................................. .............................19
16
VACATION LEAVE ................................. .............................21
17
ADMINISTRATIVE LEAVE ..................... .............................24
18
SICK LEAVE .......................................... .............................26
19
FAMILY LEAVE ...................................... .............................27
20
BEREAVEMENT LEAVE ........................ .............................29
21
HOURS ................................................ ............................... 30
22
HEALTH / FITNESS ............................... ............................... 31
ARTICLE NO.
TITLE
PAGE NO.
23
GRIEVANCE PROCEDURE ................... .............................32
24
RESOLUTION OF IMPASSES ............... .............................34
25
DISCIPLINARY ACTIONS ...................... .............................35
26
FULL AGREEMENT ............................... .............................36
27
SAVINGS CLAUSE ................................ .............................37
28
AUTHORIZED AGENTS ......................... .............................38
29
TERM OF AGREEMENT ........................ .............................39
APPENDIX "A" - Classification ............... .............................40
APPENDIX "B "- Work Schedule Illustration...
...................... 41
APPENDIX "C"
Employee Responsibilities and Benefits .........................42
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this third day of December 2002, by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Fire
Battalion Chiefs' Association, hereinafter referred to as Association.
1
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405, the City
hereby recognizes the San Luis Obispo Fire Battalion Chiefs' Association as the exclusive
bargaining representative for purposes of representing regular and probationary employees
occupying the position classification of Rre Battalion Chief for the duration of this Agreement.
ARTICLE 3
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer - employee relations including, but not limited to, wages, hours and other
terms and conditions of employment. Employees of the City also shall have the right to
refuse to join or participate in the activities of employee organizations and shall have the right
to represent themselves individually in their employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
3
ARTICLE 4
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct
its employees; take disciplinary action; relieve its employees from duty because of lack of
work or for other legitimate reasons; maintain the efficiency of government operations;
determine the methods, means and personnel by which government operations are to be
conducted; determine the content of the job classifications; take all necessary actions to
carry out its mission in emergencies; and exercise complete control and discretion over its
organization and the technology for performing its work.
4
ARTICLE 5
REPRESENTATIVE 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 compensation 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 scheduling by City management consistent with
operating needs and work schedules. Nothing provided herein, however, shall limit
or restrict City management from scheduling such meetings before or after regular
duty or work hours.
5
ARTICLE 6
RENEGOTIATIONS
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 than 15 May.
11
ARTICLE 7
COMMUNICATION
The City and the Association agree to maintain and improve communication throughout the
term of this agreement. Therefore, meetings may be held, at the request of either party, on
an as- needed basis to discuss problems or other subjects of mutual interest. These
meetings are intended to serve as opportunities to enhance communication or discuss
unanticipated problems, and therefore will not be considered formal meet and confer
sessions.
7
ARTICLE 8
SALARY
RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (A through F). Steps A through E equal 95% of
the next highest step, computed to the nearest one dollar.
Step E = 95% of Step F
Step D = 95% of Step E
Step C = 95% of Step D
Step B = 95% of Step C
Step A = 95% of Step B
Each across -the board % salary increase shall raise step F of the respective range by
the %. After all step Fs of salary ranges have been established, each step F 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:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
1 year at Step E
3. Employees who are eligible for advancement to step E or F after July 1, 1988, must
receive a "Meets Performance Standards" or better on the overall rating on their most
0
4.
5.
A
7
8.
recent Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
The department head shall be authorized to reevaluate employees who reach Step F in
their pay range. An employee who is not performing up to standard for the sixth step
shall be notif ied in writing that the department head intends to reduce him one step
unless his job performance improves significantly within a 60-day period. Unless the
employee's job performance improves to an acceptable level by the end of 60 days, the
pay reduction shall then become effective. The sixth step may be reinstated at any
time upon recommendation of the department head. If the department head deems it
necessary to again remove the sixth step during the same fiscal year, he may make the
change at any time with three business days' advanced written notice.
Effective the first day of the first full pay period of July, 2002, salaries shall be increased
by three (3) percent.
Effective the first day of the first full pay period of January, 2003, salaries shall be
increased by two (2) percent.
Effective the first day of the first full pay period of July, 2003, salaries shall be increased
by three (3) percent.
Effective the first day of the first full pay period of January, 2004, salaries shall be
increased by two (2) percent.
ARTICLE 9
SALARY SURVEY AGENCIES
For purposes of external comparisons the agencies to be used for review of compensation
shall be determined by mutual agreement prior to the next negotiations. It is the intent of the
parties to use the same survey agencies as used by the Firefighters' Union.
10
ARTICLE 10
PAYDAY
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject to
adjustment for cause beyond the City's control.
11
ARTICLE 11
GENERAL PROVISIONS
WORKING CONDITIONS:
An officer's place of residence shall be within a forty (40) minute driving radius from San Luis
Obispo proper.
EDUCATION INCENTIVE PAY - LONGEVITY PAY:
All positions shall be considered Mid- Management and not eligible for educational incentive
pay, longevity pay, or other special pays. Employees may participate in the city -wide Tuition
Reimbursement Program at the currently authorized reimbursement rate.
12
A.
10
ARTICLE 12
HEALTH CARE INSURANCE
CONTRIBUTION
Effective in November 2002, the City agrees to contribute $490.00 per month for
medical, dental, vision and life insurance for each regular, full -time employee
covered by this Agreement.
The City and the Association agree to meet and confer on the adjustment to the
City's contribution to the cafeteria plan in 2003, following the conclusion of
negotiations with the Fire Union on this same topic.
INSURANCE COVERAGE
1
2.
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with
the "unequal contribution option° at the PERS minimum contribution rate,
currently $16.00 per month for active employees and $1.00 per month for
retirees. The City's contribution toward retirees shall be increased by five
(5 %) percent per year of the City's contribution for the active employees until
such time as the contributions for employees and retirees are equal. The
City's contribution will come out of that amount the City currently contributes
to employees as part of the Cafeteria Plan. The cost of the City's
participation in PERS will not require the City to expend additional funds
toward health insurance beyond what is already provided for above in Section
A. In summary, this cost and any increases will be bome by the employees.
Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
13
portion of the City's contribution (after dental and vision is deducted) in cash
in accordance with the City's Cafeteria Plan. Those employees will also be
assessed $16.00 per month to be placed in the Retiree Health Insurance
Account. This account will be used to fund the Retiree Health Insurance
Account. This account will be used to fund the City s contribution toward
retiree premiums and the City s costs for the Public Employee's Contingency
Reserve Fund and the Administrative Costs. However, there is no
requirement that these funds be used exclusively for this purpose nor any
guarantee that they will be sufficient to fund retiree health costs, although
they will be used for negotiated employee benefits.
3. Dental and Vision Insurance /Denendent Coveraoe
Employees will be required to participate in the City's dental and vision plans
at the employee only rate. Should they elect to cover dependents in the
City's dental and vision plans, they may do so, even if they do not have
dependent coverage under PERS..
C. LIFE INSURANCE
Employees in the Fire Battalion Chiefs' Association shall have life insurance
coverage of Ten Thousand Dollars ($10,000) paid by employee through the City's
Cafeteria Plan.
D. MANAGEMENT BENEFIT
Employees filling these positions shall receive $25,000 term life insurance paid
directly by the City, for recognition of their management responsibilities.
E. MEDICAL PLAN REVIEW COMMITTEE
The Associations shall appoint one voting representative to serve on a Medical
Plan Review Committee. In addition, the Association may appoint one non - voting
14
representative to provide a wider range of viewpoint for discussion. The vote of
each voting representative shall be weighted according to the number of
employees represented by the Association.
1. Duties and Obligations of the Medical. Plan Review Committee
a. Review and suggest changes for the City's flexible benefits plan and the
insurance plans offered under the MOA.
b. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
C. Disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the MOA.
d. Participate in other related assignments requested by the city and its
employees associations.
2. Miscellaneous
a. The actions of the Medical Plan Review Committee shall not preclude
the Association and the City from meeting and conferring.
b. No recommendations of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City and
Association.
C. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and
confer in good faith.
d. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
15
incurred for this consultation, provided that the City Has approved the
consultation and fees in advance.
F. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive the regular
City health benefit contribution for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances reach
zero (0).
G. The City and the Association agree to meet and confer during the term of the contract
to discuss post- retirement health contributions on a cost- neutral basis to the City in
the context of potential City -wide programs /impacts.
16
G
ARTICLE 13
RETIREMENT
The City agrees to provided PERS 3% at 55 for sworn personnel with four amendments,
namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional
retirement credit, the 1959 Survivor's Benefit (Third Level), one -year final compensation, and
military service credit. All employees hired as sworn officers on or after July 1, 1986, shall
have their final compensation for retirement. purposes figured on their highest three (3) years.
The City has discontinued paying the employees' share of the PERS Contribution (9 %). The
9% is included in the base salary schedule, and reported as compensation to PERS. The
employee will pay directly to PERS their contribution amount on a pre -tax basis pursuant to
Section 414 (h) (2) of the Internal Revenue Code (IRC).
The employee will be responsible for any and all tax liability incurred should the IRC
provision become invalid after November 1.7, 1994.
Effective December 31, 2005, the City will implement the 3% at 50 retirement formula for
sworn employees. Plan options will remain unchanged except that the one year final
compensation amendment will apply to all sworn employees.
17
A. Each sworn employee shall be required to wear an approved uniform to promote the
department's public image, except for the positions designated by the Fire Chief as only
requiring occasional uniform usage. Effective January 2003, each employee shall
receive an annual allowance of $825 paid semi - annually to be spent on the purchase
and maintenance of department approved uniforms. Said allowance shall be paid
directly to each eligible employee on the first pay day in July and January. The Fire
Chief or his designated representative shall conduct a uniform inspection at least once
a year to ensure that each employee has the minimum number of uniforms and that all
uniforms meet department standards regarding safety and appearance. Employees
whose uniforms do not meet standards may be subject to disciplinary action.
B. A uniform allowance cash advance will be given to new employees for purchase of their
uniforms. If the employee severs employment with the City or is terminated within one
(1) year, the cash advance shall be deducted from the employee's last paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The Fire
Chief shall establish and maintain a set of standards for the maintenance, care and
wearing of employee uniforms. Such standards shall be on file in the Fire Chief's office,
in each fire station, and in the Personnel Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes,
including appropriate athletic footwear as required by the Fire Chief.
18
ARTICLE 15
HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One -half day before Christmas
One -half day before New Year's
Two Floating (8 hour) Holiday (non -shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24 -hour shift duty shall earn 6.07 hours of holiday leave semi-
monthly, in lieu of fixed holidays. Such employees shall receive payment at straight
time hourly rate for a portion of their earned holiday leave (2.83 hours) each bi- weekly
payroll period.
The remainder of the employee's annual holiday leave (72 hours) shall be advanced to
the employee effective the first payroll period in January of each year. Such holiday
19
Q
leave may be taken off by the employee as provided in the departmental operations
manual. For calendar year 2002 only, employees shall receive 36 hours of holiday
leave credited the first payroll period in July. This partial crediting is to allow the
transition for a fiscal year to a calendar year holiday system
Each pay period, an employee has the option of requesting payment of his/her
advanced holiday leave. The combination of holiday leave taken off and payment of
advanced holiday time may not exceed 72 hours in a calendar year. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
C. Floating (8 hour) holidays for non -shift employees shall be accrued on a monthly basis
and added to the vacation accrual. Use, carry-over, accumulation, etc., of such
vacation shall be subject to the same rules and procedures that cover all accrued
vacation.
20
ARTICLE 16
VACATION LEAVE
1. Each incumbent of a 40 -hour week line -item position shall accrue vacation leave with
pay at the rate of 12 days per year of continuous service since the benefit date for the
first five years, 15 days per year upon completion of five years, 18 days per year upon
completion of ten years, and 20 days per year upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days prorated to the number of regularly scheduled work hours.
2. A regular employee who leaves the City service shall receive payment for any unused
vacation leave.
3. Department Heads shall be responsible for arranging a vacation schedule, first with the
needs of the City as the determining factor and, second, insofar as possible, with the
wishes of the employee.
4. Maximum accrual of vacation leave is two times the annual accrual. It is the
responsibility of the employee to manage vacation time below the maximum accrual
limit through the use of scheduled vacation time only.
5. All scheduled vacation requests must be approved by the Fire Chief. Immediately
following the November 1 st to December 30th vacation request period, the Fire Chief
will review and consider final approval of the scheduled vacation list
6. VACATION USE:
A. Coordination of the Battalion Chief's first, second and third choice vacation
selection will be carried out by the Fire Chief. Battalion Chiefs will make their
written scheduled vacation requests during the November 1 st to December 30th
period and will coordinate the availability of one Battalion Chief between
21
7
8.
CI
A
M
themselves. Battalion Chief scheduled vacation selections will not be based on
shift employees' vacations. The Fire Chief will consider and approve the request.
Unscheduled vacations will be made in writing to the Fire Chief and will require
the availability of one Chief Officer and relief personnel which may include
voluntary overtime. All unscheduled vacations must be approved by the Fire
Chief. (Mandatory overtime is not allowed for unscheduled vacation.)
If an employee's scheduled vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above the twice annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed
vacation.
If an employee must cancel vacation for good reason, as defined by
management, the vacation above the twice annual maximum shall be paid as
accrued.
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.
A. A physician's statement certifying that illness, injury or exposure to contagious
disease has occurred is presented to the supervisor upon returning to work.
B. The vacation leave immediately ends and the employee reports to work following
the end of sick leave usage. (Ordinance No. 782 - 1978 Series)
All employees on this unit are eligible, once annually in December, to request payment
for up to seventy-two (72) hours of unused vacation leave provided that an employee's
attendance practices are satisfactory. Vacation sell -back shall be paid to employees at
s:Y.i
the last pay period of the month. Requests for all sell -back need to meet payroll
deadlines consistent with those deadlines of the last pay period of the calendar year.
23
�J
:o
ARTICLE 17
ADMINISTRATIVE LEAVE
All members of the unit shall be considered exempt and not eligible for overtime payment
or any retum -to -work minimum payments or compensatory time off, except as described
below or specifically authorized by the Fire Chief due to extraordinary circumstances..
Extraordinary shall be defined as an actual emergency requiring a Battalion Chief to
return for more than four (4) hours. It does not include administrative meetings, etc. In
general, managerial employees are expected to work the hours necessary to successfully
cant' 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 Fire
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 72 hours per calendar year of
Administrative Leave. Such leave may be taken at anytime 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 leave shall be prorated or if the yearly amount earned is changed
during the year the amounts shall be prorated. For purposes of computing monthly
amounts the rate of 5.33 hours per month may be used. There shall be no carryover of
such leave from year to year or any payoff for unused leave except that during the month
of December employees may request up to 40 hours of unused administrative leave to be
paid in cash at the last pay period provided that.total taken and paid does not exceed 72
hours during the calendar year.
24
Employees temporarily assigned as the acting Fire Chief on their days off will be eligible
for compensatory time off on the following basis:
Hours assigned CTO Earned
0 -5 hours 59 minutes 0 hours
6 hours —11 hours 59 minutes 1 hour
12 -24 hours 2 hours
During the term of this agreement the Association and the City agree to develop
language which addresses ways to prevent the taking of Administrative Leave from
triggering overtime in another unit.
25
0
ARTICLE 18
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C
attached)
1. Upon termination of employment by death or retirement, a percentage of the dollar
value of the employee's accumulated sick leave will be paid to the employee, or.the
designated beneficiary or beneficiaries, according to the following schedule:
(a) Death - 50% Such payment shall be made within seventy -two hours of notice to
the City of an employee's death.
(b) Retirement and actual commencement of PERS benefits:
(1) After twenty years of continuous employment - 20%
(2) After twenty -five years of continuous employment — 25%
(3) After 30 years of continuous employment — 30%
(c) Job - related disability retirement and actual commencement of PERS benefits -
50% with a maximum of 750 hours payoff (50% of 1,500 accrued hours.) Any
balance of sick leave that remains after payoff will be forfeited. Sick leave cannot
be used to postpone the effective date of an industrial disability retirement.
2. The City and the Association agree to meet and confer during the term of this
agreement on the subject of sick leave incentive programs.
26
ARTICLE 19
FAMILY LEAVE
1. An employee may take up to three days per year of sick leave or the shift equivalent for
shift employees (33.6 hours) if required to be away from the job to personally care for a
member of his/her immediate family. A member of the employee's immediate family
shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent, step-
brother, step- sister, grandparent, or any other relative living in the same household.
2. If the family member is a child, parent or spouse, an employee may use up to 48 hours
(67.2 hours for shift employees) annually to attend to the illness of the child, parent or
spouse, instead of the annual maximum in paragraph 1. above in accordance with
Labor Code Section 233.
3. In conjunction with existing leave benefits, Unit employees with one year of City service
who have worked at least 1280 hours in the last year, may be eligible for up to 12
weeks of Family/Medical Leave within any 12 month period. Family /Medical Leave can
be used for
A. A new child through birth, adoption or foster care (maternal or paternal leave.)
B. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four
month Pregnancy - Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personnel illness will be subtracted from the 12 weeks allowed
27
by the Family/Medioal Leave Program. Employees must use all available vacation,
compensatory time and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family /Medical Leave.
Employees on Family /Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive cash
back under the City's Flexible Benefit Plan will not receive that cash during the
Family /Medical Leave. Only City group health insurance premiums will be paid by the
City.
If an employee does not return to work following leave the City may collect the amount
paid for health insurance by the City during the leave. There are two exceptions to this
rule.
1) The continuation of a serious health condition of the employee or a covered family
member prevents the return.
2) Circumstance beyond the employee's control.
Further details on Family /Medical Leaves, are available through the City's °Guide to
Family /Medical Leave Program ".
28
ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to the death
of a member of the employee's immediate family, meaning spouse, child, brother, sister,
parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other
relative living in the same household, provided such leave as defined in this section shall not
exceed five (5) working days from 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.
ARTICLE 21
HOURS
Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a
period of one year, shall average approximately fifty -six (56) hours per week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix
10
A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800 hours
and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.)
Unscheduled time off, shift exchanges, vacation exchanges and early reliefs shall be
approved by the Fire Chief and will require the availability of a chief officer and relief
personnel of equal rank and or qualifications for the position. (Availability of a chief officer
shall be defined'as: immediately available to respond with two way radio communications to
an emergency and arriving in the city limits within 15 minutes.)
30
ARTICLE 22
HEALTH /FITNESS
The City, the department and the Association are desirous of implementing measures to
promote the well being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities and shall work cooperatively to encourage and develop appropriate
programs to enhance physical fitness and health of all fire department employees.
The Association recognizes that it is the policy of the City to hire non - smokers in the Fire
Department. The Association further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses health
risks to non - smokers as well as smokers.
31
0
ARTICLE 23
GRIEVANCE PROCEDURE
v
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 any existing written policy or procedure relating to wages, hours or other terms
and conditions of employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior: The
employee shall have the right to choose a representative to accompany him/her at
each step of the process. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or agreement said to be violated,
and the proposed remedy. This action must take place within fifteen (15)
business days of the response of the supervisor's immediate superior but in no
event later than thirty (30) calendar days after the occurrence of the event giving
rise to the grievance. The department head shall promptly consider the 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
32
seven (7) business days of receiving the department head's decision. The
Human Resources Director shall confer with the employee and the department
head and any other interested parties, and shall conduct such other investigations
as maybe 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 twenty (20) business days of receiving
the Human Resources Director's results and findings. Such decision shall be final
unless the employee desires the Personnel Board to review the decision. If such
is the case, the employee will have ten (10) business days following receipt of the
City Administrative Officer's decision to submit a written request to the Personnel
Board.through the Personnel Director for a review of the decision. The Personnel
Board within thirty (30) business days shall review the record and either (1) issue
an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on
the matter. If a hearing is held, an advisory opinion shall be rendered by the
Board within ten (10) business days of the close of such hearing. If an opinion
signed by at least three (3) members of the Personnel Board recommends
overruling or modifying the City Administrative Officer's decision, the City
Administrative Officer shall comply or appeal this recommendation to the City
Council. Such appeal shall be filed with the City Clerk within three (3) business
days of the Board's action. If appealed, the City Council shall review the case on
the record and render a final decision within thirty (30) business days of submittal.
33
ARTICLE 24
RESOLUTION OF IMPASSES
Impasse procedures may be invoked only after the possibility of settlement by direct
discussion has been exhausted. The impasse procedures are as follows:
A. DETERMINATION BY THE CITY COUNCIL - after a hearing on the merits of the
dispute.
B. Any other dispute resolving procedures to which the parties mutually agree or which the
City Council may order. Any party may initiate the impasse procedure by filing with the
other party (or parties) affected a written request for an impasse meeting together with
a statement of its position on all disputed issues. An impasse meeting shall then be
scheduled to be held in executive session by the Municipal Employee Relations Officer
forthwith after the date of filing of the written request for such meeting, with written
notice to all parties affected. The purposes of such impasse meeting is twofold: (1) To
permit a review of the position of all parties in a final effort to reach agreement on the
disputed issues, and (2) if agreement is not concluded, to mutually select the specific
impasse procedure to which the dispute shall be submitted; in the absence of
agreement between the parties on this point, this matter shall be referred to the City
Council. The fees and expenses, if any, of mediators or of any other impasse
procedure, shall be payable one -half by the City and one -half by the employee
organization or employee organizations.
0
• 0
ARTICLE 25
DISCIPLINARY ACTIONS
Battalion Chiefs are exempt from the overtime provisions of the Fair Labor Standards Act.
As such, they may be terminated, demoted, reduced in compensation or suspended for more
than one workweek (the shift equivalent of 56 hours) for any of the grounds set forth in
Section 2.36.320 of the Personnel Rules and Regulations. They may also be suspended for
less than one work week (the shift equivalent of 56 hours), but only for a violation of City
safety rules of major significance.
35
ARTICLE 26
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City and
the Association except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request in
writing to meet and confer on such item(s), which item(s) shall be specified in writing. During
the fife of this Memorandum of Agreement, either parry may refuse such a request without
explanation, and no unilateral action may be taken on the matter within the scope of
representation during the term of this agreement.
•
ARTICLE 27
SAVINGS CLAUSE
0
If any provisions of this Agreement should be held invalid by operation of law or by any court
of competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and
the parties shall enter into a meet and confer session for the sole purpose of arriving at a
mutually satisfactory replacement for such provision within a thirty (30) day work period. ,If
no agreement has been reached, the parties agree to invoke the provision of impasse under
Section 13 of City Resolution No. 3405 (1977 Series) or as may be amended.
37
ARTICLE 28
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President (address:
2160 Santa Barbara Avenue, San Luis Obispo, California 93401; telephone:
(805) 781 -7380.
B. Management's principal authorized agent shall be the Human Resources Director
or his /her duly authorized representative (address: 990 Palm Street, San Luis
Obispo, California 93401; telephone: (805) 781 -7250.
38
N
ARTICLE 29
TERM OF AGREEMENT
This Agreement shall become effective upon adoption of Council, except that those
provisions which have specific implementation dates, shall be implemented on those dates
and shall remain in full force and effect until midnight June 30, 2004.
SIGNATURES
1. The classification covered by this Agreement and included within this unit is Fire
Battalion Chief.
2. This Agreement does not apply to Temporary Employees or Part-time Employees.
This Agreement was executed on December 3, 2002, by the following parties:
CITY OF SAN LUIS OBISPO
Karen Jenny, A isk M ager
UV Z�"
Wendy G orge, Assistant C.A.O.
39
SAN LUIS OBISPO FIRE
BATTALION CHIEFS'ASSOCIATION
dvaf�
Warren Ste enson
Fire Battalion Chief
Tom Zeulne
Fire Battalion Chief
Fire Battalion Chief
�klvlx O C
�dCl,vi(cr
0 0
APPENDIX A
CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Fire Battalion Chief 5010 505
40
•
1
APPENDIX B
WORK SCHEDULE ILLUSTRATION
For purposes of illustration only, the shift schedule pattern for employees working a fifty -six
(56) hour work week consists of eight (8) twenty -four (24) hour on -duty periods within a
twenty -four (24) day cycle which is worked in accordance with the following chart:
X = 24 -hour on -duty period
O = 24 -hour off -duty period
SCHEDULE: XOXOXOXOOOOOOXOXOXOXO000
41
N
APPENDIX C
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
2.36.420 Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
Absence from duty because of illness or off- the -job injury, or exposure to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member
of the "employee's immediate family," meaning spouse, child, brother, sister,
parent, parent -in -law, step - parent, step- brother, step- sister, or any other
relative living in the same household, provided such leave as defined in this
subsection shall not exceed five working days from each incident. The
employee may be required to submit proof of relative's death before being
granted sick leave pay;
3. An employee whose memorandum of understanding incorporates a provision
for "family leave" may use sick leave not to exceed three days per year if
required to be away from his/her job to personally care for a member of the
employee's immediate family as defined in this subsection.
B. Rules Governing Sick Leave.
1. Each incumbent of a line -item position shall accrue sick leave with pay at the
rate of twelve days or the shift equivalent per year of continuous service since
the benefit date.
42
0 0
2. Sick leave may be used after the completion of the month of service in which
it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the city administrative officer for
the uses of sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of
five consecutive working days by personnel in his /her department. Such
proof may be required for periods of less than five consecutive working days
where there exists indication of abuse.
6. Any employee who is absent because of sickness or other physical disability
shall notify his /her immediate supervisor or department head as soon as
possible but in any event during the first day of absence. Any employee who
fails to comply with this provision without having a valid reason will be placed
on leave of absence without pay during the unexcused absence and be
subject to disciplinary action in accordance with procedures established by
this chapter.
7. Any employee absent for an extended illness or other physical disability may
be required by the personnel director to have an examination by the city s
medical examiner at city expense prior to reinstatement to the city service.
8. An appointing authority, subject to approval of the personnel director, may
require any employee to be medically examined where reasonable cause
exists to believe that an employee has a medical condition which impairs
his/her job eff ectiveness or may endanger the health, safety or welfare of the
employee, other employees or the public. Employees who are judged to be
43
physically incapable of meeting normal requirements of their positions may
be placed in a classification of work for which they are suitable when a
vacancy exists, or may be separated for physical disability.
9. In the event that an employee's sick leave benefits become exhausted due to
illness or exposure to contagious disease, the employee shall revert to a
status of leave of absence without pay and be subject to the provisions of
Section 2.36.460.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the city. This plan shall not give any
employee the right to be retained in the services of the city, or any right of
claim to sickness disability benefits after separation from the service of the
city. When an employee receives compensation under the Worker's
Compensation Act of California, such compensation received shall be
considered part of the salary to be paid to the employee eligible for such
payments as required by state law. The amount paid by the city shall be the
difference between the amount received by the employee from the city's
compensation insurance coverage and the eligible employee's regular rate of
pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the city while
absent from duty by reason of injuries or disability received as a result of
engaging in employment other than employment by the city for monetary gain
or other compensation, or by reason of engaging in business or activity for
monetary or other compensation other than business or activity connected
with his/her city employment.
ME
C I -D
12. A public safety employee shall not receive sick leave payments while
receiving Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
45
�� G.
��. p ,
���
- �.t- �GU.r °t�'..�.f -'
G
N
RESOLUTION NO. 9395 (2002 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2372
WHEREAS, the City Council made certain findings concerning tentative Tract 2372, as
prescribed in Resolution No. 9066 (2000 Series), and
WHEREAS, the City Council made additional findings concerning a one -year time
extension to file a final map, as prescribed in Resolution No. 9351 (2002 Series), and
WHEREAS, the subdivider has submitted surety bonds in the total amounts of $306,500
(Faithful Performance) and $152,250 (Labor & Materials) to guarantee installation of the
required subdivision improvements shown on the approved plans, and all fees have been
received, as prescribed in the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities,
detention basin and common areas, and
WHEREAS, all other conditions required per said Resolution No. 9067 (2000 Series) have
been met or guaranteed.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2372 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
The Mayor is hereby authorized to execute the attached Subdivision Agreement, for the
benefit of the subdivision.
On motion of Council Member Settle, seconded by Vice Mayor Mulholland and on the
following roll call vote:
AYES: Council Members Ewan, Settle, and Schwartz, Vice Mayor Mulholland, and
Mayor Romero
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 3rd day of December, 2002.
Mayor David F. Romero
ATT
7
Lee Price, C.M.C.
City Clerk
R 9395
• 0
Resolution No. 9395 (2002 Series)
Page Two
...• :� • •17LVA
ity Attorney
�,�
o
SUBDIVISION AGREEMENT
TRACT 2372
THIS AGREEMENT is dated this ( 4-' day of 0 &Z�2002 by and
between Bergantz Development Corporation, A California Corporation, herein referred to
as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2372, City of San Luis Obispo,
California, as approved by the City Council on the c:;- day of 12002.
The Subdivider desires that said Tract No. 2372 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agrees to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. STREET LIGHTING
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the Subdivider shall have an
additional period of time equivalent to such period of delay in which to complete such
work. Any extension of time hereunder shall not operate to release the surety on the
Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
• o
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and /or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of three hundred six
thousand five hundred dollars ($ 306,500) that is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising from
faulty workmanship or materials or defective construction of said improvements occurring
within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7
and 66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects. in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
• o
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
Additionally, the Subdivider attaches hereto, as an integral part hereof, an
instrument of credit or bond approved by and in favor of the City of San Luis Obispo in the
amount of one hundred fifty three thousand two hundred fifty dollars ($153,250) as a labor
and materials surety which is fifty percent (50 %) of the above described subdivision
improvements in accordance with State law.
Said Subdivider has paid an inspection fee of twenty seven thousand nine hundred
eighty dollars ($27,980) for City to inspect the installation of said subdivision
improvements, and to verify that they have been completed in accordance with the plans
and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
o
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR Akleftik-6stft
i
CITY CLERK Lee
APPROVED AS T' RM:
SUBDIVIDER
Bergantz Development Corporation
A Ca 1omia Corporation
��Lf
Mich el S. Bergantz, Preside
U
EXHIBIT 1
TRACT 2372
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $3,000 for
Monument Bond to cover the installation of survey monuments in accordance with the approved
map and payment for same. This guarantee will be released to the Subdivider upon receipt by
the City of a letter from the Engineer /Surveyor indicating that they have completed the work and
have been paid.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Sewer Lift station fees have been paid, as listed in the attached EXHIBIT 2. These fees
include the pro rata share of the Rockview/Tank Farm Lift Station. System. (Area in acre x
3 gpm/acre x $131.55/gpm).
4. Water and sewer impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, per the fee schedule in effect at the time of the
Vesting Map.
5. Transportation impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, per the fee schedule in effect at the time of the
Vesting Map.
6. The subdivider of this tract shall reimburse the subdivider of Tract 2289 for their pro -rata share
of the bridge constructed over the creek on Fuller Road, as a part of Tract 2289, in accordance
with City regulations (16.44.090 and 16.44.09 1) and as approved of the Public Works Director.
The estimate of this reimbursement is shown in exhibit 2 for guarantee purposes, with the
actual amount of reimbursement based on paid receipts and a certified statement of costs as
approved by the Public Works Director.
7. The subdivider shall comply with all requirements of Council Resolution No 90W(2000 series)
approving the tentative map.
V �
EXHIBIT 2
TRACT 2372 -FEE AND BOND LIST
' Based on a 1.6% consumer price increase update, from $4,296Aot, on July 1, 2002.
Amount
Form of
Date Received
Surety/Payment
Bonds and Guarantees:
Faithful Performance
$306,500
Surety Bond
11/15/02
3SM 048 484 00
Labor & Materials (50% of total cost
$153,250
Surety Bond
11/15/02
of improvements
3SM 048 484 00
Monument Guarantee
$3,000
CD 0163005697
11/15/02
Reimbursement Guarantee to Tract
2289 Developer
Estimated Share of Fuller
$59,000
CD 0163005705
11/15/02
Road Bridge Costs (12.21%)
Rough Grading & Stockpile
$3,750
CD
10/5/01
Fees:
Map Check Fee
$2,171.00
Check
2/6/01
Plan Check Fee
$6,828.38
Check
2/6/01
Inspection Fee
$27,980
N/A
N/A
Prepayment for Early Grading
<$50
Check
1015101
Remaining Due
$27,480
Check
5/31/02
Park In -Lieu Fee/ Potential Additional
Single Family Residential
(15 lots - 2 existing lots - I linear park
lot - 1 detention basin lot = I I lots)
11 lots x _$4,365 /lot'
$48,015.00
K
11/18/02
Rockview/Tank Farm Lift Station Fee
$1,020.92
11/18/02
Water Impact Fee
Due with each building permit at the rate in effect at the time of
permit.
Wastewater Impact Fee
Due with each building permit at the rate in effect at the time of
permit.
Transportation Impact Fee
Due with each building permit at the rate in effect at the time of
permit.
Affordable Housing Requirements
Due with each building permit at the rate of 5% of
In -lieu Housing Fee
Building Value per City of San Luis Obispo M. C.
17.91.060
' Based on a 1.6% consumer price increase update, from $4,296Aot, on July 1, 2002.
�a;�N� O C
��
��.
N
K
RESOLUTION NO. 9394 (2002 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE EMPLOYMENT CONTRACT OF
MARYANN O'BRIEN, PROMOTIONS COORDINATOR,
FOR THE PERIOD DECEMBER 3, 2002 THROUGH JUNE 309 2003
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That the contract of employment between the City of San Luis Obispo and
MARYANN O'BRIEN as Promotions Coordinator for the period of December 3, 2002 through
June 30, 2003, attached hereto as Exhibit "A" and by this reference made a part hereof, has been
reviewed and is approved and the Mayor is authorized to execute same.
On motion of Council Member Settle and seconded by Vice Mayor Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing. Resolution was adopted this 3' day of December 2002.
Mayor David F. Romero
ATTEST:
Lee Price,
City Clerk
APPROVED AS TO FORM AND CONTENT:
R 9394
N
CONTRACT OF EMPLOYMENT
EN
"Exhibit A"
THIS CONTRACT is entered into this Yd day of December 2002, by and between the
CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City'), and
MARYANN O'BRIEN, a contract employee (hereinafter referred to as "Employee ").
WITNESSETH:
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA)
Promotions Coordinator (PC); and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are DA PC.
NOW, THEREFORE, the parties do mutually agree as follows:
1. Employment. City hereby engages Employee and Employee hereby agrees to perform
for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to
the terms and conditions herein.
2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the
following services: PC for the DA; specific duties and responsibilities to be established and
modified from time to time by the DA Board. Employee shall perform said services under the
direct supervision of DA Administrator.
3. Employment Status. Employee shall be a full -time employee. Membership in the City
PERS retirement program shall be in accordance with PERS requirements with 7% (effective
January 1, 2003 increasing to 8 %) of Employee's share to be paid by Employee. Employee shall
receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month. Employee shall
accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a
manner consistent with other City employees. The only other paid benefit is medical coverage not
2
C O
to exceed $2,400.00 annually. Employee shall be eligible for reimbursement for mileage at the
current reimbursable rate for City of San Luis Obispo employees for use of her private automobile
for official business but not including any mileage attributable to normal commuting by Employee
to and from her office.
Employee understands and agrees that her term of employment is governed only by this
Contract; that no right of tenure is created hereby, and that she does not hold a position in any
department or office of the City.
4. Warranty of Employee. Employee warrants that she is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed to.
5. Compensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $2,875 per month ($34,500 per year),
said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on December 3, 2002 through June
30, 2003, unless terminated earlier as provided herein. The City Administrative Officer may
terminate the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination, specifying
the effective date of such termination. Employee shall be paid for all work satisfactorily completed
prior to the effective date of such termination.
Employee agrees that the notice provisions of this paragraph shall limit the liability of the
City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently
found to be improper.
3
G
O
8. Termination of Contract for Cause. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of this
Contract, or if Employee has a physical or mental incapacity that precludes Employee from
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her ability
to perform these contract duties, then the City shall have the right to terminate this Contract
effective immediately upon the City's giving written notice thereof to Employee. Employee shall
be paid for all work satisfactorily completed prior to the effective date of such termination.
9. Entire Agreement and Modification. This Contract constitutes the entire understanding
of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or
understandings, whether written or oral, between the parties. Employee shall be entitled to no other
benefits than those specified herein, and Employee acknowledges that no representations,
inducements or promises not contained in this Contract have been made to Employee to induce
Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be
effective unless in writing and signed by both parties. Employee specifically acknowledges that in
entering into and executing this Contract, Employee relies solely upon the provisions contained in
this Contract and no others.
10. Non- Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such assignment,
transfer, delegation, or sublet this Contract or any interest therein without the prior written consent
of City, and any such assignment, transfer, delegation, or sublet without the City's prior written
consent shall be considered null and void.
n
11. Covenant. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of the
parties created hereunder are performable in the City of San Luis Obispo, and such City shall be
that venue for any action, or proceeding that may be brought, or arise out of, in connection with or
by reason of the Contract.
12. Nondiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to this
Contract which affects her personal interest or the interest of any corporation, partnership, or
association in which she is directly or indirectly interested.
14. Copyright. Any reports, maps, documents or other materials produced in whole or part
under this Contract shall be the property of the City and shall not be subject to an application for
copyright by or on behalf of Employee, without the prior written approval of the City.
15. Outside Employment, Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consulting, or in other similar activities unrelated to City business only with the express prior
approval of the City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding conflicts-
of-interest and shall avoid personal involvement in situations which are inconsistent. or
incompatible with the position of DA PC or give rise to the appearance of impropriety.
16. Enforceability. If any terms, covenant, condition or provision of this agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
5
provisions herein shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
IN WITNESS .WHEREOF, City and Employee have executed this Contract on the day and
year first hereinabove set forth.
CITY OF SAN LUIS OBISPO
BY:
MAYOR DAVID F. ROMERO
EMPLOYEE:
MaryAnn O'Brien
ATTEST:
Lee Price, C.M.C.
City Clerk
APPROVED AS TO FORM
Jeffrey G. Jorgensen, City Attorney
6
0P, ' •
O
kiiq
RESOLUTION NO. 9393 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the City Council adopted Resolution No. 5044 (1983 Series) amending the
City's Conflict of Interest Code by incorporating by reference the Fair Political Practices
Commission's standard model conflict of interest code (Title 2, Division 6 of the California Code
of Regulations) and updating the list of designated positions required to file a conflict of interest
statement; and
WHEREAS, the Political Reform Act requires that the City Council review its Conflict
of Interest Code biennially to determine if it is accurate or must be amended; and
WHEREAS, Resolution No. 9119 (2000 Series) adopted on November 9, 2000 amended
the Code by updating the Appendix (List of Designated Positions); and
WHEREAS, a review of the Appendix indicates that amendments are necessary to
reflect changes in job titles, positions and classifications; and further reveals the need to add
disclosure categories specifying those financial interests that designated positions must disclose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 9119 is hereby rescinded.
SECTION 2. The Fair Political Practices Commission's standard model conflict of
interest code (Title 2, Division 6 of the California Code of Regulations), as reorganized, along
with the List of Designated Positions and Disclosure Categories in the Appendix constitute the
City of San Luis Obispo's conflict of interest code.
SECTION 3. Changes to the Appendix, including job titles, positions and
classifications may be made without further approval by the City Council, when deemed
necessary and appropriate by the City Administrative Officer, or his/her designee.
R 9393
• o
Resolution No. 9393 (2002 Series)
Page 2
Upon motion by Council Member Settle, seconded by Vice Mayor Mulholland and on the
following roll call vote:
AYES: Council Members Ewan , Settle, and Schwartz, Vice Mayor Mulholland,
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3' day of December 2002.
Mayor David F. Romero
ATTEST:
Lee Price,
City Clerk
APPROVED AS TO FORM:
2
i
��� • Attorney
o
Resolution No. 9393 (2002 Series)
Page 3
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer 1
Assistant to the City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
City Attorn ey:
Assistant City Attorney 1
City Clerk:
City Clerk 1
Community Development Dept.:
Community Development Director 3
Deputy Community Development Director, Development Review 3
Deputy Community Development Director, Long Range Planning 3
Associate Planner(s) 3
Planning Technician 3
Chief Building Official 3
Building Inspector(s) 3
Plan Examiner 2
Building Permit Coordinator 3
Code Enforcement Coordinator 3
Finance Department:
Revenue Manager 2
Accounting Manager 2
Accounting Supervisor 2
Customer Services Supervisor 2
Information Systems Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and City Finance Director. are required to file statements of economic interest pursuant to Government
Code Section 87200, and are therefore, not included in the List of Designated Positions required to file
pursuant to the City's conflict of interest code.
G
Resolution No. 9393 (2002 Series)
Page 4
POSITION
Fire Denartment:
Fire Chief
Battalion Chiefs)
Battalion Chief (Fire Marshall)
Hazardous Materials Coordinator
Fire Inspector
Human Resources Department:
Human Resources Director
Human Resources Analyst
Risk Manager
Police Department:
Chief of Police
Police Captain(s)
Police Lieutenant(s)
Communications Manager
Neighborhood Services Manager
Public Safety IS Coordinator
Administrative Assistant
Management Assistant
Public Works Department:
Director of Public Works
Deputy Public Works Director
Administrative Analyst
Streets Supervisor
Parking Manager
Parks Supervisor
Public Works Inspector(s)
City Engineer
Field Engineering Supervisor
Field Engineering Assistant
Supervising Civil Engineer
Engineering Assistant(s)
Supervising Mechanic
Arborist
Building Maintenance Supervisor
Transit Manager
Principal Transportation Planner
Program and Project Coordinator
Appendix, page 2
DISCLOSURE CATEGORY
1
3
3
3
3
1
2
2
1
2
2
2
2
2
2
2
1
2
2
2
2
2
3
3
3
3
2
2
2
2
2
2
2
3
•
Resolution No. 9393 (2002 Series)
Page 5
POSITION
•
Appendix, page 3
DISCLOSURE CATEGORY
Recreation Department:
Director of Recreation 1
Recreation Manager H 2
Recreation Manager I 2
Golf Course Supervisor 2
Recreation Supervisor - Youth Athletics /Special Events 2
Recreation Supervisor - Child Care 2
Recreation Supervisor - Aquatics 2
Recreation Supervisor — Adult Sports /Special Classes 2
Range Service Coordinator 2
Utilities Department:
Utilities Director 1
Administrative Analyst 2
Utilities Engineer 2
Water Supply Supervisor (Whale Rock) 2
Water Treatment Supervisor 2
Wastewater Treatment Plant Supervisor 2
Industrial Waste Coordinator 2
Industrial Waste Inspector 3
Water Division Manager 2
Wastewater Division Manager 2
Water Distribution Supervisor 2
Wastewater Collection Supervisor 2
Water Conservation Coordinator 2
Water Projects Manager 2
Committees/Commissions:
Members of the Architectural Review Commission 3
Members of the Housing Authority 3
Members of the Cultural Heritage Committee 3
•
Resolution No. 9393 (2002 Series)
Page 6
Other Positions:
Housing Authority Executive Director
Downtown Association Administrator
Temporary Positions:z
Consultants:'
O
Appendix, page 4
'Temporary positions may be required to file a conflict of interest statement upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
'Consultants should be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine (upon written application by the consultant) that a particular
consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section. Such written
determination shall include a description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The City Administrative Officer's determination is a public
record and shall be retained for public inspection in the same manner and location as this conflict of interest
code.
If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the
City Administrative Officer, the consultant shall obtain opinion to that effect from an admitted attorney to
practice in the State of California which opinion shall contain the information specified in the paragraph
above.
Resolution No. 9393 (2002 Series)
Page 7
Appendix, page 5
DISCLOSURE CATEGORIES
Cate go Reportable Interests
Investments, business positions, income from sources located in or doing business
in the jurisdiction, interests in real property located in the jurisdiction, including
property located within a two -mile radius of any property owned or used by the
City.
Investments, business positions, and sources of income of the type which provide
services, supplies, materials, machinery or equipment of the type utilized by the
City.
Investments, business positions, and sources of income of the type that engage in
land development, construction or the acquisition or sale of property. Interests in
real property located within the jurisdiction, including property located within a
two -mile radius of any property owned or used by the City.
& A�w