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RESOLUTION NO. 4948 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING THE PROMOTIONAL COORDINATING COM!11TTEE
BYLAWS
BE IT RESOLVED.by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain Exhibit "A" entitled "PROMOTIONAL COORDINATING
COMMITTEE BYLAWS," attached hereto and incorporated herein by this reference,
is approved and adopted.
On motion of Councilman Dunin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Settle,,Dovey, and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7 day of September, 1982.
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ATTEST:
Ci y Clerk Pam Vog
APPROVED:
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City Administrative Officer
AXAIA-
City'Attorney
Ass stant Administrative Officer
R 4948
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" IHIBIT "A"
PROMOTIONAL COORDINATING COMMITTEE BYLAI4S
CITY OF SAN LUIS OBISPO REVISED
ARTICLE 1 PURPOSE
A. To work toward improving the quality of life available to all the
residents and visitors of San Luis Obispo.
B. To promote the development of San Luis Obispo as the regional trade
center, recreation and tourism center of San Luis Obispo County.
ARTICLE 11 MEMBERSHIP
A. The committee will consist of seven members selected from the registered
city voters and appointed to the committee by the City Council.
B. Members shall serve for two (2) years. Members may be reappointed for
not more than four (4) consecutive full terms totaling eight (8) years.
ARTICLE 111 OFFICERS` -
A. The officers of the committee shall consist of a chairman and a vice
chairman.
B. A recording secretary shall be appointed from the committee.
C. Term of the officers shall be for one (1) year, not to exceed two (2) years.
Secretary's term is the same as officers'.
ARTICLE IV DUTIES OF CHAIRMAN AND SECRETARY
A. The chairman shall:
1. Preside at committee meetings and vote on all-matters before the
committee.
2, Appoint all subcommittees.
3. Call special meetings when necessary.
4. Prepare the agendas and conduct all committee meetings in an orderly
manner.
5. Submit an annual report and budget to the committee for approval, to
be presented to the City Council.
B. Vice chairman:
1. Shall perform all of the chairman's duties in the absence of the
chairman and perform other duties as assigned by the chair.
C. The secretary shall:
I. Keep all records of all committee meetings.
2. Issue all necessary notices, copies of agendas, minutes and committee
correspondence under the direction of the chairman.
• PROMOTIONAL COORD ~ TING COMMITTEE BYLAWS
Page 2
ARTICLE V MEETINGS
A. The committee will meet the second Wednesday of every month at 5:30 P.M.
in the Council Hearing Room.
B. Special meetings may be called by the chairman or at the request of a
majority of committee members.
C. All committee meetings are open to the public.
ARTICLE VI ABSENCES AND RESIGNATIONS
A. If a member of the committee fails to attend three (3) consecutive regular
meetings or a total of six (6) regular meetings within any twelve (12)
months, that member shall automatically be considered for replacement. The
chairman of the committee shall inform the Council of such a= ..situation
explaining any special circumstances.
B.. The individual committee member is responsible for notifying the chairman
or the secretary in advance when an absence is anticipated.
C. In the event a member finds it necessary to resign from the committee,
a letter of resignation shall be immediately directed to the City Council
with copies forwarded to the committee chairman and the City Clerk.
ARTICLE VII AMENDMENTS TO BYLAWS
A. These bylaws shall be amended only in accordance with the following procedures:
1. All members shall receive a copy of the proposed amendments to
these bylaws with the agenda of the meeting of the first reading.
2. Amendments- shall -be _read at two (2)._consecutive- regular meetings
Voting may.take_place,at the meeting of the second reading — Five (5,)
_affirmative rotes— are required to adopt any amendment to these. :bylaws
with approval by the City Council.
3. Timing for review of these bylaws should be consistent with the advisory
body handbook.
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RESOLUTION NO. 4947 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING THE FILING OF AN
APPLICATION TO THE DEPARTMENT OF TRANSPORTATION,
UNITED STATES OF AMERICA, FOR A GRANT UNDER THE
URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED.
WHEREAS, the United States Secretary of Transportation is authorized
to make grants for mass transportation projects; and
WHEREAS, the contract for financial assistance will impose certain
obligations upon the City of San Luis Obispo ( "City "), including the
provision by it of the local share of project costs; and
WHEREAS, it is required by the U.S. Department of Transportation
in accord with the provisions of Title VI of the Civil Rights Act of
1964, that in connection with the filing of an application for
assistance under the Urban Mass Transportation Act of 1964, as amended,
the City give an assurance that it will comply with Title VI of the
Civil Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder; and
WHEREAS, it is the goal of the City that minority business enter-
prise-be utilized to the fullest extent possible in connection with'-
this project, and that definitive procedures shall be established and
administered to ensure that minority businesses shall have the maximum
feasible opportunity to compete for contracts when procuring construction
contracts, supplies, equipment contracts, or consultant and other services;
NOW BE IT RESOLVED by the Council of the City of San Luis Obispo
1. that the Public Services Director is authorized to execute and
file an application on behalf of the City of San Luis Obispo to the U.S.
Department of Transportation, to aid in the financing of a Bus Operations/
R 4947
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Resolution No. 4947 (1982 Series)
Maintenance Yard.
2. That the Public Services Director is authorized to execute and
file with such application an assurance of any other document required by
the U.S. Department of Transportation effectuating the purposes of Title
VI of the Civil Rights Act of 1964.
3. That David Elliott, Administrative Assistant, is authorized to
furnish such additional information as the U.S. Department of Transpor-
tation may require in connection with the application or the.project.
4. That the Public Services Director is authorized to set forth
and execute affirmative minority business policies in connection with the
project's procurement needs.
On motion of Councilman Griffin seconded by Councilman
Settle and on the following roll call vote:
AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of
September 1982.
R 4947
Resolution No. 4947
APPROVED:.
e ,g Q 4rse��
City Administrative Off ic
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City Attorney
Public Services Director
(1982 Series)
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RESOLUTION NO. 4946 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF-SAN
LUIS OBISPO APPROVING THE ISSUANCE OF PARKING
PERMITS IN CERTAIN CITY LOTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. WHEREAS, the City Council finds it to be in the best interest
of the City to encourage car pooling and ridesharing.
SECTION 2. WHEREAS, the State has funded a County Ridesharing Coordinator.
SECTION 3. WHEREAS, the County Ridesharing Coordinator has proposed a
ridesharing program for the City involving Parking Lots 411 and A.
SECTION 4. NOW THEREFORE, BE IT RESOLVED THAT:
a. The County Ridesharing Coordinator is hereby authorized to issue
parking permits to members of car pools.
b. Said permits may be issued for use in either Lot 411 or Lot 414
only (Monday through Friday).
c. Said permits shall allow the vehicle displaying the permit to park
free without paying the meter.
d. Said permits shall be issued and revoked under the guidelines
adopted by the Ridesbaring Coordinator and approved by the City Engineer.
e. The Police Department shall ticket any vehicle displaying a
revoked or outdated permit if the meter has not been payed in accordance with
standard City policy.
SECTION 5. The City Clerk shall furnish a copy of this resolution to:
County Ridesharing Coordinator, San Luis Obispo Police Department, Director
of Finance, City Attorney, and City Engineer.
R 4946
Resolution No. 4946(1982 Series)
On motion of Councilman Settle , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7 day of September
1982.
ATTEST:
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CITY CLERK' PAMELA- VOG
APP
,l I.UJ�. lAi
City Administrative Of icer
City Attorney
Chi4 of Police
i
City Er ineer
G %/�av P�
RESOLUTION NO. 4945 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE'CITY OF SAN LUIS
OBISPO ESTABLISHING FEES FOR CITY CLERK SERVICES
BE IT RESOLVED by the Council -of the City of San Luis Obispo as follows:
SECTION 1. To establish the following fees for Clerk services:
Copying
Agenda Subscr- iption j excluding packet)
City Charter
Tape Duplicates
Bronze Medallion
Silver. Medallion
Municipal Code-Book
Plans and specifications
Plans and specifications
Parade /Street.Closure Application
$ 10 /page
50.00 /year
2.00ieach
15.00 /each
5.00 /each
20.00 /each
100.00 /each
15.00 /non - refundable - mailed
10.00 /non - refundable = picked up
5.00 /application
SECTION 2. The fees set forth'.in this resolution shall become effective upon
passage of this resolution.
On motion of Councilman Dunin
on the following role call vote:
seconded by Councilman Settle ,• and
AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7 day of .September ;
1982.
ATTEST.:
CIjY CLERK P V GE
R -4945
Resolution No. 49 I-k 1982 Series)
Page 2
APPROVED:
Administrative Officer I
AAW�
City Attorney
Fi-n-a-n-ce Direct
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%ty Clefk
R-4945
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RESOLUTION NO. 4944 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO INCREASING PARK AND RECREATION FUND
APPROPRI_ATION.AND EST- IMATED _,REVENUES FOR THE
1982 /83 FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. That the following appropriation accounts b--increased_to
provide for the relocation of the Parks and Recreation Department administration
office to San Luis Obispo Junior High School.
Account
Description
Increase Amount
(60)
11- 5701 -002
Personnel Services - Temporary
$ 7,200
(60)
11- 5704 -041
Telephone Service
780
(60)
11- 5706 -060
Rent - Buildings &:Property-
6,380
(60)
11- 5763 -000
Maintenance & Alterations
19500
$15,860
Section 2. That -the following estimated revenue account be established
to identify revenues generated from the rental and use of San Luis Obispo
Junior High School facilities.
Account Description Amount
1 -1 -1555 -060 Junior High Use Fees $7,500
On motion of Councilman Settle , seconded by Councilman_Dunin____
,
and on the following roll call vote:
AYES: Coiincilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of September - ,
R 4944
J
APPROVED:
City Administrative 0 fice
r .
RESOLUTION NO. 4943 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AN AGREEMENT BETWEEN THE CITY AND SAN LUIS
COASTAL UNIFIED SCHOOL DISTRICT FOR LEASE OF PORTIONS
OF SAN LUIS OBISPO JUNIOR HIGH SCHOOL.
BE IT RESOLVED by the Council of the,City of San Luis Obispo, California,
as follows:
SECTION 1. That certain agreement, attached hereto, marked Exhibit "A"
and incorporated herein by reference, between the City of San'.Luis_Obispo"and
San Luis Coastal Unified School District is hereby approved and the Mayor is
authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: San Luis Coastal Unified
School District, 1499 San Luis Drive, San Luis Obispo, CA 93401, the City
Finance Director and the City Director of Parks and Recreation.
On motion of Councilman Settle , seconded by Councilman Dunin
and on the following roll call'.vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of September,1982.
APP OD:
U.ul6L S' .....
City Administrative ffice
City Attorney
R 4943
EXHIBIT "All
LEASE OF PROPERTY AND DEPOSIT RECEIPT
THIS LEASE is made and executed in triplicate by and between the SAN
LUIS COASTAL UNIFIED SCHOOL DISTRICT, hereinafter designated as "Lessor," and
the CITY OF SAN LUIS OBISPO
hereinafter
referred to as "lessee." This lease shall not be effective until Lessee obtains
appropriate approvals from City, County and State agencies.
FOR THE SUM OF $ 708.50
--------- - - - - -- Dollars), evidenced by
(Seven hundred eight and 50/100
a check
as a deposit which, upon acceptance of this lease, shall belong to the Lessor
and shall be applied as follows:
Payable Prior
Received to Occupancy
Rent for the period from 10/1/82 TO 10/30/82 $ $ 708.50
Security Deposit . . . . . . . . . . . . . . . $ $
Other. . . . . . . . . . . . . . . . . . . . $ $
TOTAL . . . . . . . . . . . . . . . . . . . . $ $ 708.50
Lessee hereby offers to lease from Lessor the premises situated in the City of
San Luis Obispo , County of San Luis Obispo State of California
described as Gymnasium Complex, Administration /Counseling Complex,
Tennis Court Complex and Upper Athletic Field at San Luis Junior High
School.
upon the following terms and conditions:
1. TERIM: Term of this lease shall commence on October 1 , 1982 and
expire on September 30 , 19 85 . Lessee has the option to renew lease,
subsequent to Lessor approval, 60 days prior to the termination date of this
lease for an additional period of three years.
2. RENT: The total rent shall be $ 708.50 per month, payable as follows:
Five (5) days in advance of the month to which the rental amount applies
Additional rental terms are included in the "Addendum to Lease Agreement,"
attached hereto and made a part hereof by this reference
All rents shall be paid to the San Luis Coastal Unified School District located
at 1499 San Luis Drive, San Luis Obispo, California, 93401.
3. USE: The above described premises are to be used for the purpose of:
City Parks and Recreation programs
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4. USES PROHIBITED.: Lessee shall not use any portion ofd -the premises -•for purposes
other than those specified hereinabove; and no use shall be made or permitted to
be made upon the premises, nor acts done, which will increase the existing rate of
insurance upon the property, or cause cancellation of insurance.polcies covering
said property. Lessee shall not conduct . or permit any sale-by-auction on .the.
premises.
S. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this•1ease or sublet 'any
portion of the.premises without prior written consent of the Lessor, which
.a
shall not be unreasonably withheld: Any such assignment or subletting without
consent shall be void and, at the option of the Lessor; may terminate "this
lease. Additional terms regarding sublets are set out in.the. attached "Addendum
to Lease Agreement."
6. ORDINANCES AND STATUTES: Lessee shall comply with al:l statutes, ordinances
and requirements of all municipal, state and federal authorities now.in force, or
which may hereafter be in force, pertaining to the premises;' occasioned by or-
affecting the use thereof by Lessee. The•commencement or pendency of any state
or federal court abatement proceeding affecting•the use of the premises-shall, at
the option of the Lessor., be deemed a breach hereof.
7. MAINTENANCE, CUSTODIAL, REPAIRS, ALTERATIONS: Lessee acknowledges that the
premises are clean and.in good.6tder and repair, unless otherwise indicated herein..
Lessee shall, . at his own expense and at all times, maintain the premises in clean,
good and safe condition, including plate glass; and accessible electrical wiring,
plumbing and heating installations and any other system or equipment upon the premises
and shall surrender the same, at termination hereof., in a clean and as good- condition
as received, normal wear and tear ekcepted. Lessee shall':be responsible for all re-
pairs required,. as limited by, the terms ._of_ the :attached "Addendum to,Lea"e
Agreement."
Any proposed.structura:l.or exterior modifications must:firsf.be submitted in
writing to Lessor for review and approval, and approval will not be unreasonably
withheld.
8. ENTRY AND INSPECTION::. Lessee shall permit Lessor o.Lessor!s agents to enter
upon the premises at reasonable times and upon reasonable notice;. for the purpose
of inspecting the same., and will permit Lessor at any time .within sixty, (60.) days
prior to the expiration of this lease, to place upon the premises any.•usual "To
Let" or "For Lease" signs,. and-permit persons desiring to lease.the.same to
inspect the premises thereafter.
9. INDEN1NIFICATION OF LESSOR: Lessee agrees to defend,, indemnify and save.harm-
less, Lessor and its officers, agents, and employees, from and.against any And all
claims, demands,. liability, costs., expenses, damages, causes of action and judgments
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1
in any manner arising out of this.lease or out of the performance or attempted per-
formance of the provisions thereof, including but not limited to,.any act or,
omission to act by Lessee or its agents, employees, invitees., students.; or
independent contractors directly responsible to Lessee.
10. POSSESSION: If Lessor is unable to deliver possession of:the,premises at
the commencement hereof.,.Lessor shall.not be liable for any damage caused thereby,
nor shall this lease be void or.voidable, but Lessee shall not.be liable for any
rent until possession is delivered. Lessee may terminate this lease if possession
is not delivered within _ 30 days of the commencement of the term hereof.
11. INSURANCE: (A) As of the commencement date of this Agreement, Lessee has,
in effect and shall maintain during the entire term hereof, public liability and
property damage insurance in the single limit amount of at least One Million
Dollars
($1,000,000). Said insurance covers personal injury, bodily injury and
property damage. Said .insurance covers all of Lessee's activities.und "er the terms
of this Agreement, including operation of owned, nonowned, arid_ hired cars and trucks.
Lessee shall give Lessor 30 days written notice of any cancellation, modification
or reduction of insurance.
(B) Lessee shall maintain Workers Compensation insurince.for their
employees.
(C) Lessee shall provide proof of such insurance coverage as shall be
required by Lessor:,
(D) To the maximum extent permitted by insurance policies which, may be
owned by Lessor or Lessee, Lessee and Lessor, for -the benefit of
each other,-, waive, any and all rights of subrogation which might
otherwise exist.
(E) The Lessee shall name Lessor additionally. insured..
12. UTILITIES: Lessor agrees that he shall be responsible for the payment of all
utilities, unless - otherwise agreed upon, including water, gas,.electricity, heat,
and other services delivered to the premises including normal refuse. Lessee
agrees to pay $20 for each room per night where equipment or lights are found to
be left on after 10 p.m. or after the premises have been vacated for the
night by the Lessee., whichever.is later.
13. SIGNS: Lessor reserves -the exclusive right to the roof, side and rear walls
of the premises. Lessee shall not-construct any projecting sign or awning with=
out prior written consent of Lessor.and city planning department which consent
by Lessor shall not be unreasonably withheld.
14. 'ABANDONMENT OF PREMISES: Lessee. shall not vacate:or.'abandon the premises at
any time during the term hereof; and if Lessee shall abandon or• vacate the premises,
or be dispossessed by process of law,, or otherwise, any persona l property . belonging
to Lessee left Upon the premises shall be deemed to be abandoned, at.the option of
Lessor. 3 -
15. CONDEMNATION: If any part of the premises shall be t ken or condemned for
public use, and a part thereof "remains which is susceptible of occupation here
under, this lease shall, as to the part taken, terminate.as of the date the.condemnor
acquires possession, and thereafter Lessee shall be required to pay such proportion
of the rent for the remaining term as the value of the premises remaining bears to
the total value of the premises at the date of condemnation;.provided, however,
that Lessor may at his option, terminate this lease as of the date the condemnor
acquires possession. In the event that the demised premises are condemned in
whole, or that such portion is condemned that the remainder is not susceptible for
use hereunder, this'lease shall terminate upon the date upon' which ,the.condemnor
acquires possession. All sums which may be payable on account of any condemnation
shall belong to the Lessor, and Lessee shall not be entitled to any part thereof,
provided, however, that Lessee .shall be entitled to retain any amount awarded to
him for his trade fixtures or moving_ expenses.
16, TRADE FIXTURES: Any and all improvements made to the premises during the
term hereof shall belong to.the Lessor,.except.trade fixtures of'the Lessee
Lessee may, upon termination hereof, remove all his,trade.fixtures; but shall repair
or pay for all repairs necessary for damages to: the premises o.ccasioned:by temoval.
17. DESTRUCTION OF PREMISES:, In the.event of a partial ; destruction'of -the premises
during the term hereof, from any cause, Lessor shall forthwith 'repair -the. same., pro-
vided that such repairs can be made within sixty (60) days under existing govern=
mental laws and regulations, but such partial destruction shall not terminate this
lease, except that Lessee shall be entitled to a proportionate reduction of rent
while such repairs are being made, based upon the extent to which the making of
such repairs shall interfere with the business,of Lessee on the premises. If such
repairs cannot be made within said sixty (60) days, Lessor,.at his option, may
make the same within a reasonable time, this lease continuing.in effect with the
elect to make such repairs which cannot be made within sixty (60)'days, this lease .
may be terminated at the option of either party.
In the event that the building in which the demised premises may be situated
is destroyed to an extent of not less,than one-third of the replacement costs
thereof, Lessor may elect to terminate this lease whether'the:.demised premises be
injured or not. A total destruction of the building in which the premises may be
situated shall terminate this lease...
In the event of any dispute between Lessor and 'Lessee with respect to. the
provisions hereof, the matter shall be settled'by arbitration in -such a manner
as the parties may agree upon, or if -they cannot agree, in 'accordance -"with the
rules of the American Arbitration Association.
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18. INSOLVENCY: In the event that a receiver shall be appointed to take over
the business of the Lessee, or in the event that the Lessee shall make A general
assignment for the benefit of creditors, or Lessee shall take or suffer any action
under any insolvency or bankruptcy act, the same shall constitute breach of this
lease by Lessee.
19. REMEDIES OF OWNER ON DEFAULT: In the event of any breach Of this lease by
Lessee, Lessor, besides other rights and remedies he may have, -shall have the
immediate right of re-entry and may remove all persons and propeft y from the
premises. Such property may be moved and stored in a public warehouse or else-
where at the cost, of, and for the account of Lessee. Should.-Lessor elect to re-
enter, or.should he take possession pursuant to legal proceedings or any notice
provided by law, he may either terminate this lease or may from time to time,
Without terminating this lease, relet said premi"ses., or ahy part thereof, for
such term or terms (which may be for a term extending beyond the term of this
lease) and at such rental or rentals and upon such other terms and conditions
as Lessori'i,n his sole discretion, may de6m. advisabl'e With the right. to alter
or repair the premises uppn.such reletting. In such event, Lessee shall be
immediately liable to pay to Lessor, in addition to any other amounts due here=
under: (a) the cost and expense of such reletting and'such alterations or repairs,
and any amount by which the rent.reserved herein f6r.the period of such reletting,
but not beyond the term hereof, exceeds the amount agreed, to be paid as rent for
such period; or (b) at the option of the Lessor, rents received by Lessor from
such reletting shall be applied first to the repayment of indebtedness other than
rent due hereunder, second to costs and expenses of reletting and alterations or
repairs, and third to the payment of rent due and unpaid hereunder, and the -residue,
if any, shall be held by Lessor and applied in payment of.future rent as the same
may become due and payable. Lessee shall be credited on h
.1y with rent actually re-
ceived by Lessor. Lessee shall; in such event, pay any deficiency between the
amount due from Lessee to Lessor and the amount credited.
No such re-entry or taking possession by Lessor ;shall be construed at an
election to terminate this lease unless written notice of such intention is given,
or unless termination be decreed by.a court of competent j4fisdiciion., Notwith-
standing any.such reletting without termination, Lessor tay,at any -time.thereafter
elect to terminate this lease on account of . such previous breach.- Should Lessor
at any time terminate this lease for any breach, in addition to any other remedy
he niay have, he may recover from Lessee all damages-he.may incur by reason of such
breach, including the cost of recovering the premises, and including the worth at
the time of such termination, or at the time of an award if suit be instituted.to
enforce this provision; of the amount by which the unpaid rent forthe balance.of
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the term exceeds the amount of the rental loss for the balance of the term which
the lessee proves could be reasonably avoided.
20 SECURITY: The security deposit set forth above, if any- shall secure the
performance of the Lessee's obligations.hereunder. Lessor may, bin-.shall not be
obligated to, apply all or portions of said deposit on account of Lessee's ob=
ligations hereunder. Any balance remaining upon termination shall be returned
to Lessee. Lessee shall not have the right to apply the Security Deposit in.
payment of the last month's rent.
21. ATTORNEYS' FEE: In case suit should be brought for recovery of the premises,
or for any sum due hereunder, or because of any act which may arise out of the
possession of the premises, by either party, the prevailing party shall be en-
titled to all costs incurred in connection with such action, including a reason-
able attorney's fee.
22.. WAIVER: No failure of Lessor to enforce any term hereof shall be deemed
to be a waiver.
23. NOTICES: Any notice which either party may or is required to give; shall be
given by mailing the same., postage prepaid, to Lessee at the premises, or Lessor
at the address shown below., or at such other places.as may be designated by the
parties from time to time
24. HOLDING OVER: Any holding over after the expiration of this lease, with the
consent of Lessor, shall be construed as a month -to -month tenancy at.monthly
rental rate in accordance with the terms hereof, as applicable.
25. POSSESSORY INTEREST TAX: In the event property leased.by Lessee is taxed, it
is agreed that Lessee shall pay such:tax-.
26. TIN1E: Time is of the essence of this lease..
27. HEIRS, ASSIGNS, SUCCESSORS: This tease is binding,upon.:and inures to the
benefit of the heirs, assigns and successors in interest to the parties.
28. Lessor agrees to discuss with the Lessee and give Lessee notice of any plans
for placing potential new lessees adjacent to existing Lessee's rooms. Similarly,
discussion and notice will take place before any proposed uses are implemented by
Lessor of the adjacent rooms.
ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the
parties and may be modified only by .a writing signed by both parties. The following
Exhibits, if any, have been made a part of this lease before the parties' execution
hereof-
Attached-'
'Addendum to Lease Agreement"
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ADDENDUM TO LEASE AGREEMENT
This is an addendum to a lease entered into between SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT as Lessor, and CITY OF SAN LUIS OBISPO.as Lessee.
1. Sublet..Reiits
Lessor shall, receive 75 percent (75 %) of all Lessee.sublet rents
generated, provided that Lessee may deduct its cost s,. if any, associated with
subletting before calculating the 75 percent payment. These.payments shall be
made to Lessor quarterly.
2. Inkind Services to be Provided by _Lessee
a. Maintenance of the playfield including irrigation.
b. Payment for water needed for field; provided; that Lessee shall
not be so obligated unless and until Lessor installs a meter to
monitor such water use..
c. Maintenance of the tennis courts except major resurfacing.
d. Annual scheduling of.all elementary school playfields within
the City of San Luis Obispo. San Luis Coastal Unified School District.shall be
considered as having highest priority in cases of scheduling.
e. Lessor shall have access to both the gymnasium and the playing
field when needed for team practice or school use, when scheduled in a timely
manner using.professional scheduling procedures.
3. Capital Improvements
The following are improvements that will be-accomplished by the
City during the first three -year use period:
a. Assess irrigation system to determine what's necessary for
needed coverage. Assessment shall include a joint Lessor /Lessee inspection.
Lessee shall have access to ''as built" plans for existing system.
b.- Top dress and re -seed field - import top soil, regrade to
fill potholes and burn lines and overseed to redevelop turf.
C. Relocate softball field to correct sun alignment and modify
irrigation if necessary.
d. Regrade baseball field, rebuild backstop and side.fences and
install dugouts and seating.
e..•Wash, fill holes, reline tennis courts.
, LES
By
C
17yIuK�m LANIE C.,BILLIG
Attest:
CITY iLERK PAMELA "VOG S /
BOARD OF EDUCATION
SAN LUIS COASTAL UNIFIED .SCf L DISTRICT, LESSOR
By /
Name
Title
crr
DateSp��.
RESOLUTION NO. 4942 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING A LEASE AGREEMENT FOR COPYING
EQUIPMENT.
WHEREAS, it is desirable and important to the business success of the
City to lease personal property generally consisting of (but not limited to):
One '(1) Canon Copier Model NP 210
Three (3) Canon Copiers Model NP 40OF; and
WHEREAS, the City desires from time to time to lease said personal property
from Security Pacific Leasing Corporation its successors, assigns and /or nominees
(hereinafter called "Lessor ").
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City lease from Lessor the
personal property as described above, and the Finance Director /Treasurer is hereby
authorized, from time to time, in the name and on behalf of the City, to enter into
agreements with Lessor for the leasing of said personal property upon such terms as
may seem advisable to such officer, to execute agreements, security agreements
and devices, leases, applications for leases and other documents in connection
therewith or incidental thereto (any such instruments executed hereunder to be
in such form and with such terms and conditions as may be agreed upon between
such officer and Lessor). Such officer is also authorized to accept or direct
delivery from said Lessor of any such property leased hereunder. The authority
given hereby should be deemed retroactive, and any and all acts authorized hereby
performed prior to the passage of this resolution are hereby ratified and affirmed.
The authority herein conferred shall continue in full force and effect until
written notice of its revocation shall have been received by said Lessor.
R 4942
Resolution No. 494.` , (1982 Series)
On motion of Councilman Settle
and on the following roll call vote:
Page 2
, seconded by Councilman Dunin ,
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and ?Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this "7th day of September 1982.
ATTEST:
Cityl Clerk; Pai
e L U
` ges '
APPROVED:
ata
City Administrative Offic4r City Attorney
Finance Dire or
INCUMBENCY CERTIFICATE
I further attest that the offices referred to in the foregoing resolution are
now held by the person whose name appears below:
Incumbent
R. C. tiuravez .
Dated:
Signature
` C ty ";,Clerk ame .Voges
SECURITY PACIFIC NATIONAL BANK
�'D
EXECUTIVE OFFICES: FOUR EMBARCADERO CENTER, SUITE 1200 • SAN FRANCISCO, CA 94111 • P.O. BOX 7722 (94120) • (415) 445 -4482
August 24, 1982
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, California 93406
Attention: Mr. Rudolph C. Muravez
Director of Finance
Gentlemen:
We are pleased to inform you that, pursuant to your request, we are
agreeable to entering into a leasing transaction with you in accor-
dance with the terms of the Master Lease and other documentation
enclosed herewith and upon the following additional terms and con-
ditions. The capitalized terms used herein have the same meanings
as set forth in the Master Lease.
Lessor:
Lessee:
Equipment:
Cost of Equipment:
Security Pacific National Bank
City of San Luis Obispo
One (1) Canon Copier Model NP210
and Three (3) Canon Copiers Model
NP400F
Estimated at: $34,140.00
Lessor has approved the leasing line
hereunder for the full estimated
Cost. However, in the event of cost
overruns, Lessor reserves the right
to exclude undelivered and unaccept-
ed items of Equipment in order to
stay within the estimated Cost, or
to include such items and to adjust
the Rentals and rental rates on this
overrun.
SECURITY
PACIFIC
NATIONAL
BANK
-2-
Delivery and Takedown: August, 1982
Equipment Location: 990 Palm Street
San Luis Obispo, California
Base Term of Lease:
Four (4) Years
Rentals:
Lessee will be required to make
four (4) equal consecutive annual
rental payments, each in advance, at
$297.52 per $1,000 of Equipment
Cost. Should the proposed leased
Equipment not be accepted by Lessee
and the Lease Schedule not executed
prior to the Expiration Date,
referred to below, Lessor reserves
the right to extend its commitment
with respect to any portion of this
transaction beyond the Expiration
Date and /or to adjust the rentals.
Interest Rate:
13.0% (Simple)
property Taxes:
Lessor intends to report for assess-
ments all property located in
California. Lessee shall reimburse
Lessor (or upon Lessor's request,
pay directly,) such California
property taxes, including (except
where caused solely by Lessor's acts
or omissions) any penalties,
interest and costs of Lessor
associated therewith.
Treatment of Lease:
Lessor and Lessee expressly decline
to make the election (and Lessee
will not take any action which could
be deemed to constitute an election)
to have the Special Rule for Leases
provided by Section 168 (f)(8) of
the Internal Revenue Code of 1954,
as amended, applied to this
transaction.
Purchase Agreement:
At the expiration of the four (4)
year lease term, or any renewals or
extensions thereof, Lessee agrees to
purchase all of Lessor's right,
title and interest in and to the
Equipment for One Dollar ($1.00).
SECURITY J i
PACIFIC
NATIONAL
BANK
-3-
Insurance: To be provided Lessor in accordance
with the enclosed Lease Insurance
Authorization Letter, prior to
funding.
Lease Schedules: A $10,000 minimum Equipment Cost
requirement will apply on all lease
scheduling under this commitment.
Should Lessee request scheduling for
amounts between $5,000 and $10,000,
a $150.00 scheduling fee will be due
and payable upon execution of the
Lease Schedule.
Financial Statements: Annual report to include Fund
Balances is to be mailed to Security
Pacific National Bank within 120
days from Fiscal year end. In
addition, Lessee will promptly
provide such other financial
information and information relating
to the Equipment and this leasing
transaction as the Lessor may from
time to time reasonably request.
Opinion_ of Counsel: Lessee shall provide Lessor with an
opinion from Lessee's counsel
stating that the Master Lease of
Personal Property was duly
authorized, executed and delivered
by Lessee and that the Leasing
transaction is a valid and binding
obligation of City of San Luis
Obispo in accordance with its
terms.
Such opinion shall also affirm that
the Lessee qualifies as a govern-
mental entity within the meaning of
Section 103 (a) of the Internal
Revenue Code of 1954, as amended,
and that this transaction consti-
tutes an obligation of the Lessee
within the meaning of said Section.
Said opinion shall be delivered to
Security Pacific National Bank prior
to the commencement of said Lease
and said opinion must be acceptable
to Security Pacific National Bank's
counsel.
SECURITY
PACIFIC
NATIONAL
BANK
-4-
Lessee Representation: Lessee hereby warrants that this
transaction does not violate any
terms or conditions of any material
credit agreement or any other
agreements or instrument to which
Lessee is a party.
Tax Status:
Management Fee:
Documentation:
This Commitment Letter is subject to
Lessee being qualified as a govern-
mental entity or "political
subdivision" within the meaning of
Section 103 (a) of the Internal
Revenue Code of 1954, as amended,
and that entry into this transaction
will constitute an obligation of the
Lessee within the meaning of said
Section. Lessee agrees to coop-
erate with Lessor in providing
evidence as deemed necessary or
desirable by Lessor to substantiate
such tax status.
Lessee.is required to pay a one
time, non - refundable management fee,
in the amount of $682.80. This fee
is to be forwarded to Lessor upon
Lessee's acceptance of this
Commitment Letter-.
The following additional documents
are necessary to this transaction:
a) Master Lease of Personal
property
(original and one copy)
b) Information Form
(one copy)
c) UCC -1 Financing Statement
(one)
d) Lease Insurance Authorization
Letter
(two copies)
e) Purchase Order Number 4553
f) Billing Invoice
(original and one copy)
g) Opinion of Counsel
h) Leasing Resolution
(sample)
SECURITY
PACIFIC
NATIONAL
BANK
Documentation:
continued
\ J,
-5-
Please execute items a through f
above and return them to Lessor
along with items g and h as soon
as possible. Upon Lessor's
acceptance, copies will be returned
for Lessee's files.
The form, substance and enforceability of all instruments required
by Lessor in completing the transaction proposed in this Commitment
Letter must be satisfactory to Lessor's legal counsel. Lessee
agrees to give Lessor such evidence of compliance with the condi-
tions of the Commitment Letter as such legal counsel may require.
Expenses incurred for or attributable to any significant amount of
lease negotiation, tailoring, or redrafting shall be for the account
of the Lessee.
Expiration Date of Lessor's obligation to acquire and
This Commitment: fund Equipment hereunder, terminates
and expires on November 30, 1982.
If the Equipment has not been delivered at the above described Loca-
tion and accepted by Lessee on Lessor's forms prior to the above
Expiration Date, or there is, prior to said Expiration Date, in
Lessor's opinion, an adverse change in Lessee's financial condition
since the date shown on the latest financial statement(s) which
Lessee has furnished Lessor, then, at Lessor's option, Lessor may
terminate its obligations under this Commitment Letter as to any
Equipment which has not theretofore been accepted by Lessee on
Lessor's forms.
This will be a non - cancelable net lease transaction whereby
maintenance, insurance, full indemnification, property
documentation costs and all items of a similar nature will be for
Lessee's account.
It is understood that Lessor's obligations are contained only in
this Commitment Letter and any amendment to it in writing, signed by
Lessor's authorized officer. The provisions hereof supersede all
prior and contemporaneous discussions, lease applications and
proposals with respect to the transaction described herein.
If Lessee agrees to enter into the leasing transaction and obtain
Lessor's firm commitment on the terms set forth in this Letter and
in the Master Lease, Lessee must indicate Lessee's acceptance by
executing and delivering to Lessor, at Lessor's office in San
Francisco, California, the enclosed copy of this Letter within
ten (10) days from the date of this Letter.
SECURITY
PACIFIC J
NATIONAL
�/. BANK
-6-
Please be assured of our desire to give you the best and most
efficient leasing service.
Sincerely,
SECURITY PACIFIC LEASING CORPORATION
"Attorney -in- Fact" for
SECURITY PACIFIC NATIONAL BANK
Title (; Contract Administrator
ACCEPTANCE:
Lessee hereby agrees to enter into the leasing transaction described
herein on the terms and conditions and with the agreements and
covenants as set forth herein and agrees that this Commitment Letter
shall constitute part of the Master Lease.
CITY OF SAN LUIS OBISPO
O
RESOLUTION NO. 4941 (1982 Series)
A RESOLUTION APPROVING A SEWER EASEMENT AGREEMENT
WITH AUGUST MEISSNER IN CONJUNCTION WITH TRACT NO.
703.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. WHEREAS a realignment of the Public Sewer for Tract No. 703
was necessary due to a conflict with a gas main,
SECTION 2. WHEREAS a Sewer Easement Agreement has been. - obtained: -from
August Meissner to accommodate said realignment,
SECTION 3. This Council hereby approves said easement agreement and
authorizes recordation of same.
On motion of Councilwoman Dovey seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
_:ABSENT: None
the foregoing Resolution was passed and adopted this 31st
1982.
ATTEST:
v ,
CITY ERK PAMEL A VOG
APPROVED:
-Pa'-p - Q
City Administrative fice
�: rv'q
City Attorney
'City Engineer
day of August ,
R 4941
RECORDING REQUESTED BY:
y.
city Clerk
City of San Luis Obispo
WHEN RECORDED RETURN TO:
City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
GRANT OF EASEMENT APN # 76- 351 -31
AND AGREEMENTS RELATING THERETO
This Agreement is made this 1$ day of April, 1981,
by and between AUGUST MEISSNER ( "Grantor ") and the City of
San Luis Obispo, a municipal corporation
( "Grantee ") upon the following terms and conditions:
AGREEMENTS
1. Grant and Location of Easement for Sewer and Other
Utility Purposes.
For valuable consideration, the receipt of which
is hereby acknowledged, Grantor hereby grants to Grantee
an easement on, over, under and through that certain real
property situate in the City of San Luis Obispo, County of
San Luis Obispo, State of California, and specifically des-
cribed as follows:
The most westerly 28.8 feet of that certain
existing 30 -foot wide private roadway commonly
known as "Meissner Lane" which lies between
lots 45 and 39 of the San Luis Obispo Suburban
Tract according to map filed for record
February 6, 1906 in Book 1, Page 92, of Records
of Survey recorded in the official records of
the County Recorder of San Luis Obispo County.
for the purpose of constructing, operating, maintaining,
repairing, replacing and improving one or more underground
( w
sewage collection or transmission lines, together with the
right of ingress to and egress therefrom for the purpose
of constructing, operating, maintaining, repairing, replacing
and improving said sewage collection or transmission facilities
or any replacement sewage collection or transmission facilities.
2. Nature of Easement. The easement herein granted
shall be in gross and shall be for the benefit of the Grantee
and Grantee's heirs, successors, assigns and personal repre-
sentatives and shall bind Grantor and Grantor's heirs,
successors, assigns and personal representatives.
3. Indemnification.. All costs of constructing,
operating, maintaining, repairing, replacing or improving
any sewage facilities constructed on the easement herein
granted will be borne by Grantee. In the event that Grantee
takes any action hereunder to construct, maintain, repair,
replace, install, remove or improve any such facility pursuant
to the easement herein granted, Grantee hereby agrees to and
shall indemnify Grantor against any action, claim, loss or
damage arising therefrom, including reasonable attorney's fees,
costs and expenses of litigation and agrees to defend
Grantor in any such action or proceeding arising therefrom
upon written request by Grantor.
4. Further Assurances. Grantor and Grantee hereby agree
to execute such additional documents and to take such further
action as the other party may deem necessary or desirable
-2-
to further evidence the easement herein granted.
5. Notices. All notices specified herein shall be
mailed first -class mail, postage prepaid, to the following
addresses or to such other addresses as either party may
specify by written notice to the other:
To Grantor: August Meissner
Route 1, Box 18
San Luis Obispo, CA 93401
To Grantee: City of San Luis Obispo
Post Office Box 321
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the Grantor and Grantee have
executed this Grant of Easement and Agreements Relating
Thereto as of the date first hereinabove written.
GRANTOR:
GRANTEE:
STATE OF CALIFORNIA
.4
Aug st eissner
/ ss.
� COUNTY nOF- San T.11i R ObObispo _
E O^ before me, the undersigned, a Notary Public in and for
August Meissner
d said State, personally appeared Au g
c
9
V
a
E
LL
known to me to be the person_ whose name 15
0
5 subscribed to the within instrument and acknowledged to me Official Seal
r
. -a MARL Y �? VI tit HOLPAES
S the t he executed the same. '� NCTARY PUMAC - CALIFORNIA
!'p WITNESS my hand and official seal.
f SAN' LU15 C:.:S ?O COUNTY
I ( My Commis' ;an Expires
E g A4a I L . .,,� �10i�.vu_y� APRIL 29, 1983
o Signature � �
LL
Ma�e.ry Kim 1- }Qlmes
SE W E EA L M E" T
G RANADA
4i
�\ LOT 24
I"=50'
M E(55N ER. LANE
PRIVATE ROAD
�a
LOT 45
AUGUS TMEISSNEI2
CITY of SAN LUIS 0515PO
LEGEND
OEWER EASEMENT -
city of san Luis oBispo
.s -z� -82 DRw $Y� Q. LFMC+OpJ
C E R T I F I C A T E OF :1 C C E' P T :\ CE
THIS IS TO CERTIFY that the interest in real property conveyed by
the Grant of Easement and Agreement Relating Thereto
dated April 28 1982, from August Meissner
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council
pursuant to authority conferred by Resolution No. 549 (1959 Series),
recorded May 26, 1959, in Volume 1002, Official Records, Page 292,
San Luis Obispo County, California, and the Grantee consents to
recordation thereof by its duly authorized officer of his agent.
Date: August 31, 1982
CTTY OF SAN LUIS OBISPO
By
UEB.MIE SILLI a
Melanie C. Billig, Mayor
ATTEST �jjl
i `
�� I/„
City Clerk Pamela Vog s
iw
ak
y
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RESOLUTION .NO. 4940 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS
(EXCEPT FOR CONDITION 12),,{FOR TRACT 703, HIGUERA
COMMERCE PARK ( HIGUERA COMMERCE PARK DEVELOPMENT
COMPANY, SUBDIVIDER).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. WHEREAS this Council previously approved the Subdivision
Agreement for Tract 703 as noted in Resolution No. 4306 (1980 Series),
SECTION 2. WHEREAS this Council has previously amended the subdivision
agreement to provide for an extension of time to complete the subdivision
improvements per Resolution No. 4761 (1982 Series),
SECTION 3. WHEREAS the subdivider has requested an amendment to the
Higuera Commerce Park Specific Plan to delete the sound attenuation wall per
Agreement Condition 12, and has submitted a $40,000 set -aside letter guaranteeing
installation of said wall within 90 days of City Council decision to deny the
amendment,
SECTION 4. WHEREAS all the other public improvements have been completed
to the satisfaction of the City and a maintenance bond (set -aside letter) has
been submitted in the amount of $125,000 to guarantee the improvements for
one (1) year,
SECTION 5. WHEREAS Condition 11 of the subdivision agreement does not
allow occupancy releases nor building permits until completion of all subdivision
improvements after the agreement expires;
SECTION 6. This Council hereby amends Condition 11 to allow occupancy
releases and building permits, subject to compliance with Condition 12
within 90 days of consideration of a Specific Plan Amendment to delete said
Condition 12, if denied,
R 4940
n � i
Resolution No. 4940 (1982 Series)
I�
SECTION 7. This Council hereby accepts the public improvements as
completed for Tract 703, except for Condition 12 (sound attenuation wall).
On motion of Councilman Settle , seconded by Councilwoman. Dovey ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 31st day of August 3
1982.
w.l
MAYOR WELANIE C. BILLIG
ATTEST:
CITY ERR PAMELA VOG
APPROVED:
City Administrative 011ficer
City Attorney
/City En�ineer
u�� rr�d�j'"(��v�ycl L0� ?tY��'Cc°�J
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e
RESOLUTION NO. 4939(1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A TWELVE MONTH TIME EXTENSION FOR
TRACT 915 LOCATED AT 3570 SACRAMENTO DRIVE
WHEREAS, the subdivider requested a twelve -month time extension to receive
approval of his final map; and
WHEREAS, the Planning Commission found that a twelve month request for time
extension is justified, and recommends approval; and
WHEREAS, the City Council concurs with the Planning Commission findings.
NOW, THEREFORE, the City Council resolves as follows:
SECTION 1. That Tract 915 is granted a twelve - month time extension to July
15, 1983, subject to original tract map conditions as specified in City Council
Resolution No. 4208 (1980 Series) attached hereto.
On motion of Councilman Settle seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 31st day of _ August
1982.
ATTEST:
v
City lerk Pamela V es
R 4939
Resolution No. 4939(1982 Series)
Tract 915
Page 2
APPROVED:
Paa K 475a*-i —
City Administrative 0 face
City Attorney
�V V\
Communty Development Director
EXHIBIT 61KY
RESOLUTION NO. 42051980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 915
LOCATED AT 3570 SACRAMENTO DRIVE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows;
SECTION.1. That this council, after consideration of the tentative map of
Tract 915 and the Planning Commission's" recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The tentative map is consistent with the General Plan.
2. The design and improvements of the proposed subdivision are consistent with the
General Plan.
3. The site is physically suitable for the type,of%!.dcvelopment proposed:r,.
4. The site is physically suitable for the proposed density of.development..
5. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, or substant -ially and avoidably injure
fish or wildlife or their habitat.
6. The design of the subdivision or the .type of improvements are not likely to cause
public health problems.
7. The design of the subdivision or the type of improvements will not conflict with
easements, for access through or use of property within the proposed subdivision.
8. The negative declaration filed by the Community Development Director for this
project is appropriate.
SECTION 26 That the approval of the tentative map for Tract 015 be subject to
the following conditions:
1. Subdivider shall provide public utility easements along all property frontages to
the approval of affected utility companies and the.City Engineer.
2. Final map shall contain a note which outlines land use restrictions of the existing
PG&E powerline easement, to the approval of the City Engineer and Pacific Gas and
Electric Company.
3. Final map shall show street "cul -de -sac radius of 60 feet..
4. Final map shall show a Spanish or historical street name that is approved by the
Community Development Department..
R 4208
Resolution No. 420K1980 Series)
Tract 915
Page 2
5. All lots shall %,be ;.'addressed according to an addressing plan prepared by the
Community Development Department.
6. Subdivider shall install storm drainage improvements to the approval of the
City Engineer.
On motion of Councilman Munger , seconded by Mayor Cooper_ ,
and on the following roll call vote:
AYES: Councilman Munger, Mayor Cooper, Councilmembers Bond and Dunin
NOES: Councilwoman Billig
ABSENT: None
the foregoing resolution was passed and adoptedAhis 15th day of July, 1980
ATTEST:
Clorclerk J.H. Fitzpatrick
APPROVED:
City Attorney
Cit mim§ r t ve Officer
Kaeg�s' e' DA"AJZ�
Community Development Department
�a
Lynn
sUtc!i vi oY641'-
Fi%
vu
r -
RESOLUTION N0. 4938 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1068
LOCATED AT 150 TANK FARM ROAD
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this Council, after consideration of the
tentative map of Tract 1068 and the Planning Commission's recommendations., staff
recommendations and reports thereon, makes the following findings:
1.
The
tentative map is consistent
with the general plan and Higuera Commerce
Park Specific Plan.
2.
The
design and improvements of
the proposed subdivision are consistent with
the
general plan and Higuera Commerce
Park Specific Plan.
3.
The
site is physically suitable
for the type of development proposed. .
4.
The
site is physically suitable
for the proposed density of development...
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or cause significant environmental impacts which
cannot be mitigated to an acceptable level..
6. The design of the subdivision or the type of improvements are not likely to
cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements for access through or use of property within the proposed
subdivision.
8. The proposed subdivision does not cause significant adverse environmental
impacts not addressed previously in the environmental impact report for the
Higuera Commercie Park Specific Plan.
SECTION 2. Conditions. That the approval of the tentative map for Tract
1068 be subject to the following conditions:
1. Subdivider shall dedicate street right -of -way along the South Higuera Street
frontage sufficient in width to construct a 4 foot sidewalk along the east
side of the Monterey cypress trees to the approval of the City Engineer.
Subdivider shall install rolled curb, 5 foot bicycle lane, 4 foot sidewalk
and pavement to new curb edge to the approval of the City Engineer.
R 4938
Resolution No. 4938 (1982 Series)
Tract 1068
Page 2
2. Subdivider shall attempt to secure the dedication to the, city of
.right -of =way for South Higuera Street; consistent with condition l above,
for a distance 30 feet north of the tract boundary across the private street
known as Meisner Lane..
3. Subdivided shall dedicate to the city right -of -way along Tank Farm Road
frontage of the tract to a point 42 .feet from centerline of said street.
4. Subdivider shall install curb, gutter, and paving to new curb face along
entire Tank Farm Road frontage of the tract to the satisfaciton of the City
Engineer. Installation of sidewalks along said frontage is hereby deferred
subject to the subdivider signing a city standard covenant agreement to
install sidewalk and street trees; when required by the City Engineer.
5. Curb alignment at the intersection of South Higuera Street is subject to
modification to the satisfaction of the City Engineer.
6. Subdivider shall install sewer line in Tank Farm Road. Said line shall be
oversized to accommodate possible future sewerage from Broad Street area to
the satisfaction of the Public Services Director. Said sewer line shall
extend in Tank Farm Road to the easterly tract boundary.
7. Subdivider shall.install water mains within the tract to the approval, of the
Public Services Department. Water mains to be constructed in Tank Farm Road
shall extend to the easterly tract boundary. Fire hydrants shall be placed
on Tank Farm Road to.the easterly tract-boundary.
8. Subdivider shall dedicate to the city, vehicular access rights along South
Higuera Street frontage of the tract except for driveway location shown on
tentative map. Final map shall note that vehicular access along Tank Farm
Road frontage of the tract is restricted as noted in the adopted Higuera
Commerce Park Specific Plan. This plan should be reviewed prior to
installation of any driveways.
9. Existing on -site well located on the proposed common access driveway shall
be removed prior to recordation of the final map to the approval of the
Chief Building Official.
10. The 60 foot wide common driveway should be aligned to provide curves and
curb returns so that it could be accepted by the city as meeting city
standards for public street. Subdivider shall grant to the city.an offer of
dedication of said driveway to be accepted at the discretaion of the City
.Council as a public street. .Agreement shall state that the driveway will
not be accepted until fully improved to city public street standards.
11. Final map shall show the extension of common access driveway easement (60
feet wide) to the east tract boundary along the common lot. line of proposed
lots 1 and.5. Subdivider shall. grant to the city an -offer of dedication of
said driveway to be accepted at the discretion of the City Council as a
public street. Agreement shall state that the driveway will not be accepted
until fully improved to city public street standards.
Resolution No. 4938 (1982 Series)
Tract 1068
Page 3
12. Subdivider shall contribute $3,650 to the city for the Los Osos Valley
Road /Highway 101 overpass prior to final map approval.
13. Subdivider shall contribute $5,000 to the city for traffic signals at Tank
Farm Road and South Higuera Street prior to final map approval.
14. Subdivider shall post "no parking" signs along Tank Farm Road and South
Higuera Street to the approval of the Public Services Department.
15. Subdivider shall thin and safety prune all of the trees along the South
Higuera Street frontage to the approval of the Public Services Department.
No trees shall be removed except for approved common driveways or as
approved by the Tree Committee staff during construction of street
improvements if they are a safety hazard.
16. Subdivider shall underground all utility lines within the tract and along
Tank Farm Road and South Higuera Street.
17. Storm drainage from the site shall be conveyed to the existing storm drain
in South Higuera Street adjacent to Tract 592 to the satisfaction of
the Public Services Director.
18. Subdivider shall file common access driveway agreement for all common
driveways shown on the tentative map agreement, consistent with city
standards for common driveways.
19. Final map shall show 15 foot yard setbacks along all common access driveways
to the approval of the Community Development Director.
20. Subdivider shall remove all structures within 15 feet of dedicated Tank Farm
Road right -of -way prior to final map approval.
21. Subdivider shall number all lots in the tract consistent with city approved
addressing plan, attached as Exhibit A.
On motion of Councilman Dunin seconded by Councilman Griffin ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Griffin and Dovey.
NOES: Councilman Settle and Mayor Billig
ABSENT: None
p
Resolution No. 4938 (1982 Series)
Tract 1068
Page 4
the foregoing resolution was passed and adopted this 31st day of August
1982.
ATTEST:
City Clerk Pamela 7og29
APPROVED
City Administrative ffic
ZU&i0sz-
City Attorney
Co pity De elopment Director
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I Cr�HZ- vI,��r'F ����� 1
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/m/7 / I "Is
T i
RESOLUTION NO. 4937 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR
SUBDIVISION SLO -80 -121, LOCATED AT 2675 JOHNSON
AVENUE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Council previously made certain findings as contained in
Resolution No. 4295 (1980 Series).
SECTION 2. WHEREAS a performance bond in the amount of $9,500.00 and a
labor and materials bond in the amount of $4,750.00 are on file with the City to
guarantee completion of certain subdivision requirements as stated in the
subdivision guarantee, and
SECTION 3. WHEREAS water acreage charges have previously been paid in
the amount of $580.00 and a performance bond in the amount of $8,000.00 and
labor and materials bond in the amount of $4,000.00 have been submitted to
guarantee construction of a garage on Parcel A per Board of Adjustments
Condition 2 (< U.P. 45 -80).
SECTION 4. WHEREAS all conditions of Resolution No. 4295 (1980 Series)
required prior to recordation of the final map have been completed or bonded for.
SECTION 5. This Council amends Condition No. 5 of Resolution No. 4295
(1980 Series)to allow a nineteen (19) foot wide driveway and grants approval
of the Final Map of Minor Subdivision SLO -80 -121.
On motion of Councilman Dunin _, seconded by Councilman Griffin ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Griffin, Dovey, Settle and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1S day of August
1982.
R 4937
l
Resolution No. 4937 (1982 Series)
ATTEST:
CITY ERK PAMELA V GE
APPROVED:
ea.L_a -f
kpAAJ
Pity Administrative bfficev
City Attorney
/) -
,/ City gineer
v
RESOLUTION NO. 4936 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN
FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING
PREVIOUS RESOLUTIONS IN CONFLICT.
WHEREAS, the City Council is desirous of establishing a comprehensive
Management Development and Compensation policy; and
WHEREAS, the Council is committed to a compensation policy that strengthens
the recruitment and retention of well - qualified and effective managerial staff;
and
WHEREAS, Council determines that merit and performance shall be the basis
for managerial compensation; and
WHEREAS, Council recognizes that under Section 701 of the City Charter
the selection, development, evaluation and level of compensation of certain
individual departmental managers and immediate management staff is the
responsibility of the City Administrative Officer.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1.' A managerial salary plan is an important component of a
comprehensive compensation policy. In order to remain competitive with the
professional marketplace and promote merit and performance as the criteria for
individual salary determinations, the following open -range Management Salary
Schedule for fiscal year 1982 -83 is authorized:
MANAGEMENT SALARY SCHEDULE - FISCAL YEAR 1982 -83
R 4936
1982 -83
Monthly
Management Group Management
Position
Salary
Range.
I City
Administrative Officer
$3800 -
$4400
II City
Attorney
$3500 -
$4100
III City
Clerk
$2100 -
$2700
R 4936
.Ak- �)
Resolution No.4936 (1982 Series)
1982 -83 Monthly
Management Group Management Position Salary Range
IV Public Services Director
Fire Chief $3200 - $3800
Police Chief
V City Engineer
Finance Director $2800 - $3400
Community Dev. Director
VI Personnel Director
Recreation Director $2400 - $3000
Asst. City Administrator
Subsequent changes in any group salary range shall be authorized by Council
resolution.
Section 2. The City Council shall evaluate the performance of management
staff in management groups I through III, and shall determine individual levels
of salary within the designated ranges and under the criteria set forth in
Section 1.
Section 3. The City Administrative Officer is responsible for and shall
be held accountable to the Council for the performance and evaluation of
subordinate management staff. The City Administrative Officer shall evaluate
and determine individual levels of salary for positions within management groups
IV through VI in accordance with professional compensation principles and which
reflect merit and performance as the standard and basis for managerial compensation.
Such determinations shall be within the respective monthly salary ranges specified
in Section I and may include increases, no change or decreases in salary levels
within the designated range. Further, the City Administrative Officer is authorized
to implement salary level determinations by phases during a fiscal year (the first
sentence of Section 2 of Resolution No. 4872 (1982 Series) is hereby superseded;
in all other respects Resolution No. 4872 shall remain in full force and effect).
Page 2
Resolution No. 4936 ._, (1982 Series)
Section 4. The total cost increase for management compensation in
management groups IV through VI for fiscal year 1982 -83 shall not exceed
in total 7.5% of the total existing year -end compensation for management
in 1981 -82, excluding any new positions created subsequent to fiscal year
1981 -82. The management fringe benefits adopted by Council Resolution 4580
(1981 Series), Article II, marked Exhibit "A," shall be continued during
fiscal year 1982 -83.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 31st day of August 1982.
ATTEST:
City Clerk Pamela Vog
APP
City Administrative
Finance
City Attorney
Personnel Director
Page 3
EXHIBIT "A"
RESOLUTION NO. 4580 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT
PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
ARTICLE I
Salary-Provisions
Employees covered by this resolution shall be paid at the monthly salaries
listed below effective July 1, 1981:
1. Council appointed employees
City Administrator -�
City Attorney $3,500
City Clerk 1,950
2. City Administrative Officer appointed
City Engineer $2,750
Director of Community Development 39000
Director of Public Services 3,300
Director of Recreation 2,400
Finance Director 2,900
Fire Chief 3,150
Personnel Director 2,200
Police Chief 3,500
Assistant City Attorney /Assistant
to the Administrator 2,200
ARTICLE II
Benefits
Section A Medical Insurance
For medical insurance the city agrees to contribute an amount equal to the cost
of providing medical insurance for management employees and their dependents.
Such contribution shall be spent first on employee coverage under an approved
medical insurance plan and, second on dependent coverage. The city reserves
R 4580
the right to choose the method of insuring and funding the benefit.
Section B Eye Care
The city agrees to contribute an amount equal to the cost of providing an
approved eye care insurance plan for management employees and their
dependents.
Section C Dental Plan
The city agrees to contribute an amount equal to the cost of providing an
approved dental insurance plan for management employees and their dependents.
Section D Unexpended Fringe Benefit
The city shall pay to each management employee as soon as practicable prior
to December 31, an annual lump sum payment (subject to appropriate taxation)
for the difference between the amounts provided under Sections A through C
above, and any lesser sum expended by the employee for medical, eye care,
and dental coverage for the period of July 1, 1981, through December 31, 1981.
Each employee shall be required to carry a minimum of medical, eye care, and
dental insurance for self.
Section E Life and Disability
The city shall provide the following special insurance benefits:
1. Long -term disability insurance providing 60% of gross salary
to age 65 for any sickness or accident after a 90 -day waiting
period.
2. $50,000 term life insurance including accidental death and
dismemberment.
3. One -half of employee's health insurance premium paid for retired
employees who elect to remain members of the city's group health
plan.
Section F Retirement
The city agrees to provide the Public Employees' Retirement System's 2%
-2-
at age 60 plan to all eligible employees including the amendment permitting
conversion of unused sick leave to additional retirement credit, the 1959
survivor's benefit and one year final compensation.
The police and fire chiefs shall receive the same retirement benefits as sworn
personnel in their department.
The city further agrees to implement a plan whereby the city will pay the
employee's current contribution (percentage of salary effective 7 -1 -81) on
behalf of the employee to P.E.R.S. These amounts paid by the city are
employee contributions and are paid by the city to satisfy the employee's .
obligation to contribute the current percentage of salary to P.E.R.S. An
employee has no option to receive the contributed amounts directly instead
of having them paid by the city to P.E.R.S. on behalf of the employee. It
is further understood and agreed that the payment of the employee's P.E.R.S.
contribution is made subject to I.R.S. approval and reporting procedures.
Section G Vacation
Vacation leave is governed by Section 2708.7 of the Municipal Code except that
it may be taken after the completion of the sixth calendar month of service
since the benefit date. Vacation leave shall be accrued as earned each payroll
period up to a maximum of twice the annual accrual rate. However, if the
City Administrator determines that a management employee has been unable
to take vacation due to the press of city business, the City Administrator
may increase the accrual limits or once annually authorize payment for one -half
of the excess accumulation up to a maximum of five (5) days. In addition to
vacation leave the City Administrator may grant up to five (5) days of
administrative leave to department heads for special training or recuperation
purposes. The City Attorney shall receive seventeen (17) days paid vacation
per year.
-3-
Section H Holidays
The twelve (12) holidays as provided by M.O.U. for the general employees'
association shall apply to management personnel.
Section I Sick Leave
Sick leave is governed by Section 2708.5 of the Municipal Code. An employee
may take up to two (2) days per year of sick leave if required to be away from
the job to personally care for a member of his /her immediate family as defined
in Section 2708.5. This may be extended to five (5) days per year if the family
member is part of the employee's household, and to seven (7) days if a household
family member is hospitalized and the employee submits written verification of
such hospitalization.
Upon termination of employment by death or retirement, a percentage of the
dollar value of the employee's accumulated sick leave will be paid to the
employee, or the designated beneficiary or beneficiaries according to the
following schedule:
(A) Death - 25%
(B) Retirement and actual commencement of PERS benefits:
(1) After ten (10) years of continuous employment - 10%
(2) After twenty (20) years of continuous employment - 15%
Section J Workers' Compensation Leave
An employee who is absent from duty because of on- the -job injury in accordance
with the state workers' compensation law and is not eligible for disability
payments under Labor Code Section 4850 shall be paid the difference between
his base salary and the amount provided by workers' compensation law during
the first ninety (90) business days of such temporary disability absence.
Eligibility for workers' compensation leave requires an open workers'
compensation claim.
-4-
Section K Vehicle Assignment
For those management personnel who require the use of an automobile on a
regular 24 -hour basis to perform their normal duties, the city will, at city
option, provide a city vehicle or an appropriate allowance for the employee's
use of a personal automobile. The use of a personal automobile for city
business beyond the three - county area (San Luis Obispo, Monterey and
Santa Barbara) will be eligible for mileage reimbursement in accordance
with standard city policy.
On motion of Councilman Bond , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig.
NOES: None
ABSENT: Councilman Settle
the foregoing resolution was passed and adopted this 18th day of
August 1981.
ATTEST:
CITY CLERK Pamela Voges.
r
Personnel Director
-5-
���`S'or1��/ � U
RESOLUTION NO. 4935 (1982 Series).
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE SAN LUIS OBISPO FIREFIGHTERS ASSOCIATION
FOR THE PERIOD JULY 1, 1982 - JUNE 30, 1984
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The Memorandum of Understanding between the City of San
Luis Obispo and the San Luis Obispo Firefighters Association, attached
hereto as Exhibit "A" and incorporated herein by this reference, is
hereby adopted and ratified.
Section 2. The following Personnel Service appropriation accounts
are increased for the 1982/83 fiscal year:
Account No.
Description
Increase Amount
(85)
01 =4001
Fire - Administration
$ 12,660
(85)
01 -4101
Fire- Emergency Response
78,040
(85)
01 -4201
Fire- Hazard Prevention
14,490
(85)
01 -4301
Fire- Training
3,380
$108,570
Section 3. The City Clerk shall furnish a copy of this resolution and
a copy of the executed Memorandum.of Understanding approved by it to: Bob
Neumann,'President SLOFFA; Ann McKibbin, Personnel Director; Rudy Muravez,
Finance Director.
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilman Dunin ,
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 31st day of August ;
1982.
ATTEST:
CITY CLERK PAMELA V S
ti
J
oYfiPi E IE C . BILLIG
R 4935
-ti
Resolution No. 4935
APPROVED:
pad- a Ahp��
City Adfainistraftile Off cer
/ `Vf 4WL
City Attorney
11�2"
Financ ire r
Personnel Director
J
(1982 Series)
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.'TABLE OF CONTENTS
Article No.. Title Page No
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1 Parties -to !Agreement . . . . ... . . . . . 1
2 Recognition. . . . .. . . . . . . . . 2
3 Dues Deduction
4 -.
Employee Rights . . . . . . . . . . . . .. .
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Management Rights -. . . . . .
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Representative Role . . . . . .. . . . . . . . . ... .
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Grievance Procedure . . . . . . . . . . . . . . .
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Salary
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Pay Differentials . . . . . . . . . . . .
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Overtime . . . . . . . . . . . . ... . . . . .
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Emergency Call Back . . .. . . . .. . . . .
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Work Out Of Grade ... . . .. . . . .
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Standby . . . . . . .. . . , . . . . . . . . . .
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Educational Incentive . . . . ... . .
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Uniform Allowance . . . .. . . . . . . . . .
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Insurance . . . . . . . . . . . . . . .
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Retiree's Medical Insurance . ... . . .. . . . . . . .
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Vacation Leave . . . . . . . .
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Holidays"..
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Vacation and'Holi.day Leave For Shift Employees . . . .
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Bereavement Leave . . . . . . . . . . . . . . .
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Sick Leave .. . . . . . . . . . . . . . .. . .
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Worke'rs' Compensation Leave . . . .
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Retirement . . . . _ . . . . . . .. . . . . . . - _
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Hours . . . . . . . . .. .
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'Performance. Appraisal Committee .. . . . . . . . . . .
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Article No.
Title
.Page No.
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Salary Survey Cities .. ....':
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Work Actions . . . . .... .
34
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Full.Agreement . .. _ ..
. . . . . 36
30
Savings Clause . . . , .,
.'37
31
Battalion Chiefs ... .. . . . . . . . . ..
. . . ..38
32
Term of Agreement . .. . . . . . .
. . . . 39
Appendix "A" - Classifications .. .. . . .
. .. . 40
Salary Range Table.. . . . . . . . . .
. . . . 41
Appendix "B" - Work Schedule Illustration .
. . . . . 42
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ARTICLE I'
PARTIES TO AGREEMENT
This Agreement is made and entered into this first day of July,-1982,. by and
between the .City -of San Luis Obispo, hereinafter referred to as the City,
and the San Luis Obispo Firefighters'. Association, hereinafter referred to
as Association.
Nothing in this- Agreement between the parties shall invalidate nor'be
substituted for any provision in City Resolution No. 3405 (1977-Series)
unless so stipulated to by provision(s) contained herein and agreed to.
The official title is ' "San .Luis Obispo Firemen's Association ". The term
"Firefighters" is.used i,n this MOU to be consistent with the City's position
on Affirmative Action..
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ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution.No.
3405 1977 Series)', the City hereby recognizes the San Luis Obispo Fire-
fighters' Association as the bargaining representative for purposes of
representing regular and probationary employees, occupying the position
classifications set forth 1n Appendix A. in the Fire . Unit with respect to
their compensation, hours and other.terms and conditions of employment for
the duration of this Agreement.
1 ARTICLE 3 _
2 DUES DEDUCTION
3 The City shall deduct dues from City employees and remit said dues to the
4 Association on a monthly basis for the duration of this Agreement, which
5 dues shall. not include assessments.
6
7 Monthly dues deduct.i:on additions and /or deletions shall be recorded by the
8 City's Finance Officer and a notification of all dues transactions shall
9 be sent monthly to the Association President.
10
11 The Association shall hold the City harmless from any and all claims, and
12 will indemnify it against such claims and any unusual costs in implementing
13 these provi "sions.
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15 The Association shall refund to the City any amount paid to the Association
16 in error, upon presentation of supporting evidence..
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ARTICLE 4
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 thei'r.employment
relations with the.City. No.employee,,shall be. interfered with, intimidated,
restrained, coerced or discriminated against because of the exercise of
these rights.
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ARTICLE 5'
MANAGEMENT RIGHTS
The rights of the City, include, but are not'limited to, the exclusive right
to determine the mission of its constituent departments, commissions and -
boards; set standards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees; take disciplin-
ary action;-relieve-its employees from,duty.because of lack of• work or for
other legitimate reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which government operations are
to be conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and 'exercise
complete control and discretion over its organization and the technology 4for
performing its work.
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ARTICLE 6
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 hour
without loss of compensation or other benefits. The employee organization
shall, whenever practicable, submit the name(s) of each employee representa-
tive to the Municipal Employee Relations Officer at least two working days
in, advance of such meeting.
Provided further:
(1) That no employee re presentative.shall leave his or her duty or
work station or assignment without_speci'fic 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 i.s subject to scheduling by City management
consiste'n't with. operating needs and work schedules. Nothing
provided herein, however, shall limit or restrict City management
,from schedul.ing such meetings before.or after regular duty or work
hours.
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ARTICLE 7
GRIEVANCE PROCEDURE
(3
A grievance is defined as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any Memorandum
of Understanding, excluding disciplinary matters, or other matters as fall
within the scope of representation.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the 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 immediately 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, regula-
tions, or agreement said to be violated, and the proposed remedy. This
action must take .place within fifteen (15) business days of the occurrence'
of the grievance. The department head shall promptly consider the-grievance
and render a decision in' writing within fifteen (15) business days of receiv
ing the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the department head's
decision, the employee may immediately submit the grievance in writing to
the Personnel'.Director within five (5) business days of receiving the
department head's decision. The Personnel Director shall confer with the
employee and the department head and any:other'interested parties, and shall
conduct such other investigations as may be advisable.
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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 viith respect to the complaint. The
City Admini.strative.Officer's decision shall be in writing and given the
employee within fifteen (15) business days of receiving the Personnel
.Director's results and findings. Such decision shall be final unless
employee desires the Personnel.Board to review the decision. If such is the
case, the employee will have five (5) business days following receipt of the
City Administrative Officer's decision to submit a written request to the
Personnel Board ;through the 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 Adminis-
trative Officer's decision, the City Administrative Officer shall comply or
appeal-this recommendation to the City Council. Such appeal shall be filed
faith the City Clerk within three (3) business days of the Board's action.
If appealed-, the City Council shall review the case on the record and render
a final' decision within-fifteen (15) business days of submittal.
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ARTICLE 8
SALARY
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Section A Rules Governing Step Increases
The rules governing step increases for employees covered by this MOU are
included in the current Salary ,Resolution with the following modification:
The Fire Chief shall be authorized to reevaluate employees who reach Step 5
in their pay range. An employee who is not performing up:to standard for
the fifth step shall.be notified 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 fifth step may be reinstated at any time upon recommen
dation of the department head. If the Fire Chief deems it necessary to again
remove the fifth step durina. the same fiscal year, he may make the change at
any time with three business days written notice.
Each salary range consists of five steps (1 through 5). Steps 1 through 4
equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95'10 of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each'across -the board % salary increase shall raise step 5 of range 14F by
that %. Step 5 of each successive salary range shall be 2.63% above step 5
of the next lower range. After all step 5's of salary ranges have been
established, each step 5 shall be rounded off to the nearest $1.00 and
the remaining steps establishe61 n accordance with the above formula.
Employees who are eligible for advancement to Step 4 or 5 after June 30,
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1 .1981, must receive at least an "Above Satisfacto:ry'. rating on their most
2- recent performance.evaluation prior to.or coincident with their being
3 eligible for advancement by.time in grade.
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5 Section B Salary Provisions for'Term of Agreement
6 1. The parties agree to a five percent (5 %) salary increase effective 1
7 July 1982 for all employees who are City employees on the day this
8 Agreement is formally - approved by the City Council. The pay adjustment,
9 if any, required for the period from 1 July 1982, to the implementation
10 date of this Agreement shall be computed at five percent (5 %) of the
11 gross earnings of each employee, as defined above, during that time
12 period.
13 2• The parties agree to a three percent (3 %) salary increase effective 1
14 January 1983 for all employees covered by this Agreement.
15 3. The parties agree that effective 1 July ,1983 all employees covered by
16 this Agreement shall receive a salary increase based on the change in the
17 Consumer Price Index for all Urban Consumers, Los Angeles, Long Beach,
18 Anahiem Metropolitan Area, all items as published b.y the Bureau of Labor
19 Statistics, U.S. Department of Labor., The increase shall equal three
20 quarters (3/4) of the oercentage. "increase from May 1982 to May 1983 as
21 published on or about 23 June 1:983 "by -'the B -.L.S. In'no event shall the
22 salary increase he less- than.fi_ve percent (5%),nor more than ten percent
23 (10 %).
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Section C "Y" Rating
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26 An employee who is not performing up to established job standards may be "Y"
27 rated, freezing.his salary until -such time as there is an improved job
29 performance. The department head shall gi -ve 60 days written notice to any
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employee he intends'to "V .rate,.giving the employee an opportunity to
correct any deficiencies. A "Y" rated employee would receive neither step
increases nor salary increases granted by the City Council in an MOU or
resolution. The "Y" rating.procedure shall not result (then or later) in the
employee being frozen below the next lower step of the new range.
Section D Payday
Paychecks wil•1 be disbursed on the 7th and 22nd of.each month.. If the 7th
or 22nd falls on a weekend or holiday, payment shall be made the preceding
business day. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
Section E Paychecks Prior to Vacation
If an employee is taking vacation leave and wishes to receive his regular
paycheck before payday, the employee must notify the Finance Department
in writing at least two weeks prior to the start of vacation, provided the
employee has sufficient vacation -*eime coming to cover the pay period.
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PAY DIFFEPENTIALS
Section A Mutual Aid "Combat Type''
Employees assigned to mutual aid- "combat type" situations and who are
actually engaged in such situations (not merely standby or acting as back
up) shall be paid an extra half hour's pay for each hour worked even though
they are working as part of their regular work schedule.
Section B Management Bonus_'Pay Plan .
The Fire Chief may:implement a bonus/incentive pay plan for Battalion
Chiefs to- provide a monetary incentive /reward system for actions on behalf
of the betterment of fire service to the City. Funds for this program
are not.tharged to the cost of this agreement, The Association will. be
notified prior to implementation and may request a meet and confer
session, if desired:
Section C E.M.T. Differential
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The City shall pay a,2.63 %.p4y differential to those firefighters
assigned to E X T: duty provided that no. more than two firefighters
per shift are eligible a't`one time for this differential.
The City and the Fi'e.fighters Association agree to conduct a study prior to
May 1, 1.983, concerning the1E.M.T, program and compensation. Such study and
recommendations will be presented to,Council for consideration prior to
July 1, 1983.
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ARTICLE 10
1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour
shift duty shall.receive overtime pay at time- and - one -half computed
at their.base.sal.ary for those.hours worked for non= emergency purposes
i-n excess of regularly scheduled shifts.
2. Fire Battalion Chiefs, the Fire Marshal and the Training Battalion Chief
shall not be eligible for overtime. pay. However, the Fire Chief may
grant employees in these classifications occasional compensating
time off (CTO). There will be no formal accounting of or cash payoff
at termination for such CTO.
3. All other personnel shall receive overtime pay at time - and -one -half
computed at their base; salary for all hours worked 'in excess of forty
(40) hours per week including holiday, sick leave and vacation unless
they elect to take.compensating time off at straight time.
4. All overtime shall be authorized in writing,by the Fire Chief prior.
to being compensated.
5. All overtime shall be paid to the nearest quarter hour worked where
no minimum is authorized.
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ARTICLE CID
EMERGENCY CALL BACK.
Sworn personnel called back for emergencies invol.ving actual.firefighting
shall be paid -on a time- and- one -half basis with a 4 -hour minimum guarantee.
Inspectors `responding to an emergency callback shall be paid on a time -and-
one- ha- lf.basis with a 2 -hour minimum guarantee When acting in the capacity
of an Inspector at the scene.or in immediate follow -up investigative work.
Emergency pay (at' time- and - one -half) shall remain in effect for the first
twenty -four hours per incident under these provisions with any additional.
time worked 'paid at straight. time.
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ARTICLE.12
WORK OUT OF GRADE
Employees temporarily assigned to work in a higher classification will- receive
one.step additi.onal pay but in no case more than the top step:for the higher
classification under the-following conditions:
V. The assignment exceeds ten consecutive work days, or five consecutive
shifts for all shift employees; in which case the step increase becomes
effective on the eleventh work day or in the 6th shift.
2. The person being temporarily replaced i.s on extended sick or disability
leave or the postion is vacant and an examination is pending.
Employees not eligible for the step.increase,(under.10 days) shall receive
credit for compensating time off (CTO) on the-following basis:
Hours Worked • CTO Earned
2 -12 1 /2hour
12 -24 1 hour
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ARTICLE 14
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EDUCATIONAL INCENTIVE
The City agrees to establish and educational incentive pay plan. The
educational incentive pay will be paid pursuant to one of the two plans
outlined below:
nt RRI A
1. Definition of Eligibility.
A. A1.1 employees currently receiving educational incentive pay as of
6/30/81.
B. All employees below the: rank of Fire Marshal /Battalion Chief
meeting the following requirements:
(1) Have been employed by the department for at least one year as
of 9/30/81.
(2) Have completed by June 30, 1981 at least 30'semester units
toward approved degree including having successfully completed
a minimum of six semester units within the last 18 months.
(3) Successfully complete at least -six semester units per year
until degree is complete; and
(4) Must receive degree by December 31,- 1983.- -
2.: Basic Benefits.. Educational incentive pay shall -.,not start for one year
after employment with the City -of San Luis Obispo, but credit will be
given for approved education obtained prior to that time. The basic
benefit will consist of $50-per.month for,.00sseslion of an A.A., or
equivalent-degree from an accredited community or junior college, and
One hundred per month for a`--B.A. or equivalent- degree from an accredited
four year college or university. Total incentive nay shall in no case
exceed One Hundred Dollars per month,
3. Job Related Fields. Decrees must be in fields which are directly job
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related and if not, at least 30 semester units leading toward the
appropriate degree with a grade of "C" or better must be included.
4. Application and - Approval. Application for the.incentive pay shall be
made by the employee to the department head at least .3O days before the
date the payment of the incentive pay is to be effective.. Approval of
the. department head,and the Personnel Director shall be required.
5. Unsatisfactory Performahce: In the event an employee receiving the
incentive pay is not performing up the established standards set for the
job, the department head with the concurrence of the Administrative 1
Officer, may suspend payment of the incentive pay until such time as the
employee's work performance comes up to the standard level, in the
opinion of the department,head and concurred in by the Administrative
Officer.
6. Non - Applicability. -It-is the City's intention not to pay the education-
al incentive for any degree which is required for the position held by
the employee. Educational incentives shall not be paid for education
received on City time. The _educati.on incentive shall be removed if the
employee is promoted to a position'whi -cK does not entitle employee to
such incentive.
PLAN B
1. Defirrition',of , i= ib� ility.`
A. All current employees including. Fire Marshal /Battalion Chiefs, not
eli "gable for Plan A. - B. All employees hired on or subsequent -to June 30, 1981.
2. Eligibility. Z.
A. Employees eligible for Plan B must be employed by the City of San
Luis Obispo for one year before any payment will be made.
B. Must successfully complete within a 12 -month period, commencing on
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or after July 1, 1930, 6 semester units, or 9 quarter units, in
college level coursework in fire science courses or classes approved
by the Fire Chief.: Provided such courses shall be completed at-the
employee's.own expenseand during off -duty hours.
3. Incentive Pay. The educational incentive pay.shall- be $50.00 per month
for a period of 12 months.
Tuition and Rooks
If an employee holds a position which does not qualify him for incentive
pay, -the employee will'be eligible to receive payment for 50% of tuition and
books for approved job- related courses upon satisfactory completion of same
with a grade of "C" or better.
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ARTICLE 15
UNIFORM ALLOWANCE'
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 usage. Such positions
shall receive one -half of the regular allowance. Each employee shal "1
receive an annual allowance of $300 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 7th of
July and on the 7th of January unless said payment is ordered withheld by
the Fire. Chief pursuant to disciplinary action. The Fire Chief or his
designated representative shall conduct an 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 have
future allowances withheld or be subject to disciplinary action. This
allowance shall not be paid for any employee who .is off duty due to a j
related injury at the start of any calendar 'six -month period. If the
employee returns to work during that six -month period; his /her uniform
allowance will be prorated.
B. A uniform allowance cash advance wi*ll'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;'then, cash advance shall be
deducted from the employee's last,paycheck.
C. Where the agreement refers to..un iform standards, it shall mean the
following: The Fire Chief shall establish and maintain a set of stan-
dards for the maintenance, care and wearing of employee uniforms, Such
standards shall be on file in the Fire Chief's office, in each fire
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1 ARTICLE 16'
2 INSURANCE'
3 A. Effective.l July 1982; City agrees to contribute $127.40 per month for
4 medical, dental and life insurance for each regular, full time employee
5 covered by this Agreement.
6 B. - Effective 1 July 1983, City agrees to contribute $132.40 per month for
7 medical, dental; and life insurance for each regular, full time employee
8 covered by this agreement.
9 C.. City shall pay to each full -time regular employee on December 22,E
10 -an annual lump sum payment (subject to appropriate taxation) for the
11 difference between the amounts provided under Sections A R B above, or
12 the prorated share for less than full time employees, and any lesser sum
13 expended by the employee for medical and dental coverage for the period
14 of January 1 through December 31. Each employee shall be required to
15 carry both medical and dental insurance for self. The City agrees to
16 maintain the current level of benefits but reserves the right to choose
17 insurance carriers and /or the method of insuring and funding'.these
18 benefits.
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ARTICLE 17,
RETIREE'S MEDICAL INSURANCE .
Employees covered by this Agreement who meet al:l of the conditions set forth
below may continue group medical coverage at group rate paid totally by the
employee. The qualifying conditions are:
A. The employee must retire from City service, apply for and actually
receive retirement benefits through the City's retirement system.
B. The employee must be at least 50 years of age.
C. The employee must have at least ten (10) years of service with the
City..
D. The employee may have dependent coverage only for those dependents
covered for the last year of employment with the City..
E. All employee and dependent. coverage will cease upon the death of
the employee or upon'the employee reaching age 65.
This benefit only applies to employees who retire during the term of this
Agreement. This benefit shall continue beyond June 30, 1984., if, and only
if,-there is mutual agreement of the parties to continue-.°such benefit.
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ARTICLE- 18
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VACATION LEAVE
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1.
Each incumbent of a 40 -hour a week line -item position shall accrue
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vacation leave with pay at the' rate of 12 days per year of continuous
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service since the benefit date for the first five years; 15 days per
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year upon completion of five years; 18 days per year upon completion
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of ten years; and 20 days per year upon completion-of twenty years.
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Employees scheduled for more.than 40 hours per week shall receive
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the equivalent number of vacation days prorated to the number of
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regularly scheduled work hours.
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2.
An incumbent is not eligible to use accrued Vacation leave until after
12
the completion of the sixth calendar month of service since the benefit
13
date.
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3.
A regular employee,who leaves the City service shall receive payment
15
for any unused vacation leave.. Probationary employees with less than
16
12 months of continuous service shall not be eligible for such payment.
17
4.
Department Heads'- shallrbe responsible for. arranging a Vacation schedule;
18
first with the needs of the City as the determining factor and, second,
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insofar as possible, with the wishes of the employee.,
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5.
There will be,no accrual of vacation leave to'non-shift employees in
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excess of 200,hours`or 25 accrued days. Maximum accrual of vacation
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leave . for shift employees is governed by.Article 20.
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ARTICLE 1;°
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New - Year's Day
February 12 - Lincoln'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
September 9.- Admission Day
Fourth Monday in October - 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.
When a holiday`falls.on. a Saturday.,.the preceding Friday shall be observed.
When a holiday,falls on.a 5 unday, the following Monday shall be observed.
1 ARTICLE 20
2 VACATION AND HOLIDAY LEAVE FOR SHIFT EMPLOYEES
3 Each employee on 24 -hour shift duty shall earn 5.6 hours of holiday leave
4 semi- monthly, in lieu of fixed holidays.
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6 Each employee will receive payment at the straight time hourly rate, for
7 1/2 of the holiday leave (2.8 hours) each semi-monthly-payroll period.
8 During the period July 1 through June 30, each employee has the option,
9 subject to the approval of the Fire Chief or his /her designated represen-
10 tative, of taking the remaining (67.2.hours annually) holiday leave off or
11 being paid at straight time for any unused leave. Any holiday leave not
12- taken as of June 30 will be. paid off at the straight time rate. This 2.8
13 hour semi- monthly straight time pay shall not be considered part of the base.
14 hourly rate.
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16 Employees on shift duty shall be able-.to accrue to a maximum of 414.4 hours
17 of time from the combination of vacation leave and holiday leave.. Specific
18 vacation accrual rates are set forth in Article 18, Vacation Leave. Payment
19 for one half of holiday time in lieu of holiday time off shall continue.
20 beyond 30 June 1984, if, and only if, there is mutual agreement of the parties
21 to continue such practice. Furthermore, unless.the parties agree otherwise,
22 „ -effective 1 July 1984 an employee shall be able. to accrue to a maximum of 280
23 - hours of vacation and 134.4 hours of holiday time..
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ARTICLE 21
BEREAVEMENT LEAVE
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, 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 given concerning the
death of relationship shall be cause for discharge.
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ARTICLE 2-.
SICK LEAVE
Sick leave is governed.by Section'2708.5 of the Municipal Code.
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 ten years of continuous employment- - 10%
(2) After twenty years of continuous employment- 15%
(c) Job- related disability retirement and actual commencement of
PERS benefits - 75% with a maximum of 1.000 hours payoff (75%
of 1333.3 accrued hours.)
2. 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_mem6er of the_employe.ets immediate family, shall mean spouse,
chi d;,brother;.sister, parent, parent -in -law, stepparent, step-
brother,;step- sister, grandparent, or any other relative living in the
-same household.
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ARTICLE 23
WORKERS' COMPENSATION LEAVE
Any employee who is_abserit from duty because of on- the -job injury in
accordance with state workers' compensation law and is.not eligible for
disability payments under Labor Code Section 4850, shall be paid the
difference between his bas salary and the amount provided by workers'
compensation law during the first 90 days of such disability absence.
The only position currently eligible for this benefi-t is the.Fire Vehicle
Mechanic.
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ARTICLE 24
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's
one-half pay at age 55 plan to all sworn personn6.1 and the 2% at age
60 plan to all non-;sworn personneL The one-half at age 55 plan include!
five amendments, namely., Post-Retirement Survivor Allowance, conversion
of unused sick leave to additional retirement credit, the 1959
Survivor's Benefit, age 50 voluntary retirement, and one=year final
compensation,. Thd 2% at 60.plan has two amendments; 1959 Survivor's
Benefit and one year final compensation.
B. Effective 1--July 1983, City agrees to provide PERS 2% at 55 for sworn
.personnel and 2% at 60 for'unsworn personnel, with amendments as,
specified.in A.
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ARTICLE'25
HOURS
A. 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 B.
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.)
B. Shift'Exchange:- The Fire Chief or his representative may authorize
employees covered by-this Agreement to exchange shift assignments with
other.department employees of,equal rank or qualifications for the
position.
C. Vacation Exchange - Thee Fire Chief or-his representative may authorize
employees covered by this Agreement to exchange vacation leave with of
department employees of equal rank or qualifications for, the.position.
D.- Early.Relief - The Fire Chief or his representative may authorize
employees covered by this Agreement to relieve another department
employee of equal rank or qualifications for the position prior to the
end of the scheduled shift.
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ARTICLE 26
PERFORMANCE APPRAISAL COMMITTEE'
A committee will be formed no later than 4/82 includi.ng members selected by
the Firefighters' Association.,-members appointed by the Fire Chief, and -
the Personnel Director to evaluate and make recommended changes in the
performance appraisal system for fire personnel. One of the committee's
tasks will be to evaluate the requirement for "above satisfactory" for
consideration for advancement to 4th and 5th step placement.. It is aritici-
pated that the committee will make formal recommendations by 1/83.
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ARTICLE 17
SALARY SURVEY CITIES
Cities to be..used for review of salaries shall include:
Barstow
Carlsbad.
Escondido
Eureka
Lompoc
Monterey
Oceanside
Redding -
Redlands
Salinas
Santa Barbara
Santa Cruz
Santa Maria
Santa Rosa
Vista
It is aareed that, during the negotiations to produce a,successor Agreement,
either party-may propose changes to the above list of cities.. A revised,
mutually agreed upon list, may be used during 'the negowtiations to ,produce a
successor Agreement..
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C:
ARTICLE 28
WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage is
unlawful and shall terminate the employment relation. Provided however
that nothing herein shall be so construed as to affect the right of any
employee to abandon or to resign his employment.
(a) Employee organizations shall not hinder, delay, or interfere
coerce employees' of the City to hinder, delay., or interfere with
the peaceful performance of City services.by strike, concerted
work stoppage, cessation of-work, slow -down, sit -down, stay -away,
or unlawful picketing.
(b) In the event that there occurs any strike; concerted work stoppage,
or any other form of,interfe.rence with or limitation of the peace-
- --`'1- - -,
ful performance of City services prohibited by Article_28'(a)
hereof, the City,-in addition to any other lawful remedies or
disciplinary actions, may by action of the Municipal Employee.
Relations Officer cancel any or all payroll deductions, prohibit
the use of bulletin,,/boards, prohibit the use of City facilities,
and withdraw recognition of the employee organization or ;organiza-
tions participating in such actions.
(c) Employee members of any employee organization shall not be locked
out or prevented by management officials from performing .their
assigned duties when such employees are willing and able to perform
such duties in the customary manner and at a reasonable level of
efficiency.
Any decision made under the provisions of.this Section may be appealed to
the City Council by filing a written Notice of Appeal with the City Clerk,
accompanied by a complete statement setting forth all of the facts-upon
_34_�
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which the appeal is based. Such Notice of'Appeal must be filed within ten
(10) working days after the affected employee organization first received
notice of the decision upon which the-complaint is based, or it will be
considered closed and not- subject to any other appeal.
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i.
ARTICLE 29�
FULL AGREEMENT
It is understood this Agreement represents a complete and final understand -.
ing on all negotiable issues between the City and the Association. This
Agreement'supersedes all previous Memoranda of Understanding or Memoranda
of Agreement between the City and the.Association except as specifically
referred.to in this Agreement. The parties, for the term of this Agreement,
voluntarily and unqualifiedly agree to waive the obligation to negotiate
with respect to any practice, subject or matter not specifically referred to
or covered in this Agreement even though such practice, subject or matter
may not have:been within.the knowledge of the parties at the time this
Agreement was negotiated and' signed. In the event. any new practice, subject
or matter arises during the term of this Agreement.and an action is proposed
by the City, the Association.shall be afforded notice and shall have the
right to meet and.confer upon request.
r ^�
'36
1
ARTICLE(3
2
SAVINGS CLAUSE-
3
If any provision of this Agreement should be held invalid by operation of
4
law or by any court of competent jurisdiction, or if compliance with or
5
enforcement of any provision should be restrained by any tribunal, the
6
remainder of this Agreement shall -not be affected thereby, and the parties
7
shall enter'into a meet and 'confer session for the sole purpose of arriving
8
at a mutually satisfactory replacement for such provision within a thirty.
9
(30 day work period.. If no Agreement has been reached, the parties agree
10
to invoke the provision of impasse under Section 13 of City Resolution
11
No. 3405 (1977 Series).
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ARTICLE 31
BATTALLON CHIEFS
.No later than.November, 1982, there shall be an election among the mid
management classes in.thei "r unit to decide if they will. remain within this
unit. Prior to the election, management and the Association shall meet to
-(1) prepare an election procedure, (2) prepare the wording on the ballot, and
(3) prepare a resolution -for adoption by'the City Council "to continue current
salary and benefits as required.
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ARTICLE 32
TERM OF AGREEMENT
This Agreement shall become effective as of July.l, 1982 and shall continue
in full force and effect until expiration at midnight, June,30, 1984.
SIGNATURES
1. Classifications-covered by this Agreement and included within this
unit'are shown in Appendix "A ".
2. This Agreement-does not apply to Temporary Employees or Part -time
employees.
This Agreement becomes effective July 1, 1982 as witnessed hereto by the
following parties'. .
CITY OF SAN LUIS OBISPO
-
--Don Becker, 'City Consultant
Ann McKibbin, Personnel Director
� J
SAN LUIS-OBISPO FIREFIGHTERS' ASSOC.
Robert F. Neumann, President
Thomas D: Zeulner
MM
SAN LUIS-OBISPO FIREFIGHTERS' ASSOC.
Robert F. Neumann, President
Thomas D: Zeulner
MM
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APPENDIX A
CLASSIF.ICATiON
CODE .
SALARY
RANGE
Fire-fighter
705
21
F
Fire Vehicle Mechanic
444 .'
22
F
Fire .Eng'i'neer /Inspector
707
24
F
Fire Captain.(Prevention)
713
30
F
Fire Captain (Suppression).
715
30
F,
_Fire Battalion Chief _
725
36-F
Fire Battalion Chief /Traini'ng Officer
726
36
F
Fire Marshal /Battal-ion Chief
730
36
F
Actual salaries for each of the ranges listed above are on page 41.
-40 -�
EFFECTIVE- .7 -1 -82
SALARY
RANGE
C ITV !:r SAN LUI S OBISPO - SALARY ,.ANGE TAELE
STEP 1 STEF 2 STEP 3 STEP 4
DE0023 -RO34
STEP 5
14F
12S3.CC
1361.00
1433.00
1508.00
1588.0C
15F
1327.CC
1397.00
1471.CC
1548.00
1629.00
16F
1362.00
1434.CC
15C9.00
1589.00
1672.00
17F
1348.00
14.71.CC
1.549.CC
1630.00
1716.00
18F
1435.00
1510.0
1590.00
1673.00
1761.00
19F
1472.CC
1550.00
1631.00
1717.00
1808.00
20F
1511.00
15S1.CC-
1674.CO
1762.00
1855.CC
21F
1551.CC
1632.00
1718.CC
1809.00
19004.00
22F
1592.CC
1675.0C
1764.00
1856.00
19554.00
23F
1633.00
1719.CO
1810.0C
iS05.CC
20C5.00
24F
1676.00
1765.CC
1858.00
1955.DC
2058.00
25F
1720.CC
181.1.00
1906.00
2007.00"
2112.00
26F
1766.00
1859.CC
1956.CC
2059.00
2168.00
27F
1812.CC
19C8.00
2008.CO
2114.CC
2225.00
28F
1860.00
1958.CC
2061.00
2169.00
2283.00
29F
19C9.0C
2CC9.00
2115.00
2226.00
2343.00
30F
1959.00
2062.00
2171.00
2285.00
2405.00
31F
2010.CC
2116.00
2228.CC
2345.00
2468.00
32F
2063.00
2172.00
2286.CC
2407.00
253.3.00
33F
2118.00
2229.CC
2346.00
2470.00
2600.00
34F
2173.00
2288.00
2408.00
2535.00
2668.00
35F
223C.00
2348.00
2471.00
26C1.CC
2738.00
36F
2289.00
2410.CO
2.536.G0
2670.00
2810.00
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APPENDIX,B
WORK SCHEDULER LLUSTRATION
For purposes of illustration only, the shift schedule pattern for employees
working a fifty -six (56) hour work week consists of five (5) twenty -four (24)
hour on -duty periods within a fifteen (15) day cycle which is worked in
accordance with the following chart:
X =:24 -hour on -duty period
0 =-24 -hour off -duty period
SCHEDULE: XOXOXOXOX000000
�42 ;
RESOLUTION NO. 4934 (1982 Series)
A RESOLUTION OF THE COUNCIL OF'THE CITY OF SAN LUIS
OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE SAN LUIS OBISPO POLICE OFFICERS ASSOCIATION
FOR THE PERIOD JULY 1, 1982 - JUNE 30, 1984
BE IT RESOLVED by the Council of-the City of San Luis Obispo as follows:
Section 1. The Memorandum of Understanding between the City of
San Luis Obispo and the San Luis Obispo Police Officers Association;
attached hereto as Exhibit "A" and incorporated herein by this reference,
is hereby adopted and, ratified..
Section 2. The following Personnel Service appropriation accounts
are increased for the 1982/83 fiscal year:
Account No.
Description
Increase Amount
(80)
01 -3501.
Police- Administration
$ 12,470
(80)
01 -3601
Police- Investigation
16,080
(80)
01 -3701
Police- Patrol
90,570
(80)
01 -3801
Police- Technical Services
_251,230
$144350
Section 3.. The City Clerk shall furnish a copy of this resolution and
A , copy of the executed Memorandum of Understanding approved by it to:
Steve Miller, President SLOPOA;• Ann McKibbin, Personnel Director; Rudy
Muravez, Finance Director.
On mot -ion of Councilman Settle
and on the following roll call vote:
seconded by Councilman Dunin
AYES: Councilmembers Settle., Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and .adopted this 31'st day' of A „g „cr
1982.
AT TE MA OR- L IE C. BILLIG
CI CLERK PAMELA VOG
R 4934
r..
Resolution No. 4934
APPROVED:
ea-,e a
City Administrative Officer
/"Li
City Attorney
Finance Di cto
1
A� -✓%
Personnel Director
(1982 Series)
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MEMORANDUM OF UNDERSTANDING
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
-JULY 1, 1982
Through
TABLE OF CONTENTS
Article No..
Title
Page NO
I
Preamble . .
1
II
Recognition '.
2
III
Check Off /Dues Deduction . . . . . . . .
. . . . . .. .3
IV
Management Rights /Employee Rights -. .
. . . . 4
V
Definitions .. ... . . . . . . . .
.... . . . 5
VI
Representative Role . . . . . -. . . .
... 6
VII
Salary . . . . . . . . . . . . . . . . . .
. . . . . . 7
VIII
Benefits . . . . . . . . . . .
. . . 12
IX
Working Conditions . . . . . . . . . . .
. . . . . . 18
X
Retirement . . . . . :. . .... . . . . . .
. . . . . . 19
XI
Policy, and Procedure Committee . _ . . . .
. . . . . 2$
XII
Grievance Procedure . . ..
. . . . . 2t
XIII
General Provisions . . . . . : . . . .
. . . . . r
23,
XIV
Work Actions . . . ... . . . . .. . . . . .
. . . . . . 25'
�XV ;
Full Agreement ...
27i
XVI -
Savings Clause
. . . 281
XVII
.-Retiree's Medical Insurance . . . .
. . . . 29�
XVI -II
Non= Substantive Revisions . . .
30�
XIX_
Openers V
31),
~ �...XX
Renegotiations . . . . . . . . . : .
. . . . . . .32-
XX,I
Layoffs . : . . . . . . . . . . .
. . . 3J,
XXI,I
Term Of Agreement . . . . . .
. . . . . 34;
.Appendix A - Classi.fication . . . .
. . . . . . 35)
Appendix B : . . . . . . . . . . . . .
. . . . . 361
1 ARTICLE I
2 PREAMBLE
3 This Agreement is made and entered into this day of ,
4 1982, by and between the City of San Luis Obispo, hereinafter referred to as
5 City, and the San Luis Obispo Police Officers' Association;.
6
7 The purpose of this Agreement'is to promote the improvement of personnel
8 management and employer /employee relations, provide an equitable and peaceful
9 procedure for the resolution of differences and establish rates of pay and
10 other terms and conditions of employment. -
11
12 The City and the Police-Officers' Association.agree that all employees of
13 the City-share in the important responsibility of providing superior service
14 to the public and that every job and position is considered to be important
15
16 Nothing in this Agreement between the, parties sha-11 invalidate or be sub -
17 stituted for any provision in City Resolution No. 3405 (1977 Series) unless
18 so stipulated to by provision(s) contained herein and agreed to.
19
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ARTICLE II
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No.
3405 (1977 Series), the City hereby recognizes the San Luis Obispo Police
Officers' Association as the bargaining representative for purposes of
representing regular and probationary employees, occupying the position
classifications set forth in Appendix AD, in the Police Unit with respect
to their compensation, hours and other terms and conditions of employment
for the duration of this Agreement.
No later than November, 1982, . there shall be an election among.the mid -
management classifications in this unit to decide if they will remain with-
in this unit. Prior to the election, management and the Association shall
meet to (1) prepare an election procedure, (2) prepare the wording on the
ballot, and (3) prepare.a resolution for adoption by the City Council to
continue current salary and benefits as.requi.red.
00
-2-
1
ARTICLE'III
2
CHECK OFF/DUES DEDUCTION
3
The City shall deduct dues from City employees and remit said dues to the
4
Association on a monthly basis for the duration of this Agreement., which
5
dues shall not include assessments.
6
7
Monthly dues deduction-, additions, and /or deletions shall be recorded by
$
the City's Finance Officer and a notification of all dues transactions
g
shall be sent monthly to the Association President.
10
11
The Association shall hold the City harmless from any and-al -1 clai'ms,.and
12
will indemnify it against any unusal costs in implementing these provisions.
13
14
Additional provisions can be found in Section 20 of Resolution No. 3405
15
(1977 Series).
16
17
19
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22
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nnrTrI r tv
MANAGEMENT RIGHTS /EMPLOYEE RIGHTS .
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 be(��use of the exercise of
these rights.
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 disciplin-
ary action; relieve its employees from duty because of lack of work or for
other legitimate reasons; maintain the efficiency of governmental•.operations' ;.
determine the methods, means and personnel by which government operations are
to'be conducted; determine the content of the job classifications; take -all,'
necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology for
performing its work.
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ARTICLE V
DEFINITIONS
For purposes of specification and clarification, the following definition
is provided:
Above Satisfactory: shall mean performance which exemplifies the,employee's
productivity in both quantity and quality to meet department standards for
the position the employee.holds. Also, that said performance shows a
consistent attitude of.performing one's work in the best interest of the
department and City in providing service to the general public.
A committee including Association member(s), departmental management and
the Personnel Director shall recommend changes to the performance evaluation
system. 'The changes may include standardized evaluation criteria. One of
the committee's tasks will be to evaluate the requirement for "above
satisfactory" for consideration for advancement to 4th and 5th step place-
ment.. The committee's recommendation to be submitted March, 1983, or sooner.
5-
1 ARTICLE VI
2 REPRESENTATIVE ROLE
3 Members of any recognized - employee :organization may, by a reasonable method,
4 select'not.more than three-employee members of such organization and one
5 - employee observer to meet and confer with the.Municipal Employee Relations
6 Officer and other management officials (after written certification of such
7 selection is provided by an authorized official of the organization) on
8 subjects within the scope.of representation during regular duty or work hours
9 without loss of compensation or other. benefits. The employee organization
10 shall, whenever practicable, submit the name(s) of each employee representa-
1.1 tive to the Municipal Employee Relations Officer at least two working days
12 in advance of such meeting.
13 Provided further:
14 (1) That no employee representative shall leave his or her duty or
15 work station or .assignment without specific approval of the
16 department head or other authorized City management official. If
19 employee representatives cannot.be released, date of-meet'ing will
18 be rescheduled in accordance with item (2) below.
19 (2) That any such meeting is subject to scheduling by City management
20 consistent with operating needs and work schedules. .Nothing
21 provided herein, however, shall limit or restrict City management
22 from scheduling such meetings before or after regular duty or work
23 hours. r
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25
26
27
28
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at time - and - one -half for each hour worked. Provided that shift continuation
shall be paid at time - and - one -half for each hour worked.
4. a. Empergency Call Out is defined as: The unexpected, the unknown, those
events or circumstances which cannot be foreseen and /or manpower pre-
planned.
ENamples: Earthquakes, floods, nuclear disaster, explosions, hazardous
material spills, mutual aid. Usually, but not always, Emergency Call
Out will result in the entire department being called back to duty and/
or the instituting of twelve (12) hour shifts with all days off and
vacations cancelled. Emergency Call Out does not apply when a single
member of the department or a specialized team is called out to handle
a "special investigation" or an "unusual occurrence," such as a
"homicide investigation" or an "unlawful assembly."
b. Emergency Call Out shall be paid at a minimum of four (4) hours
at time- and - one -half and straight time for each hour after the initial
four hours that each employee works after the declaraction of emergency
call out has been made by the Chief of Police or his authorized
representative. No employee shall be paid more than one four -hour
minimum payment for any one declared emergency.
5. Non -sworn personnel shall receive overtime pay at time- and - one -half
for all hours worked in excess of forty (40) hours per week unless they
elect to take compensating time off at straight time. Provided, that for
training sessions non -sworn personnel shall be paid on a straight time basis
with a two -hour minimum payment.
6. Appendix B will be the determinative interpretation of sections 1 -5
above.
-10-
1 ARTICLE VII
2
IF
3 Section A Rules Governing Step Increases
4 The rules governing step increases for employees covered by this MOU are
5 included in the current Salary Resolution with the following modification:
6 The department head shall be authorized to reevaluate employees who reach
7 Step 5 in their pay range. An employee who is.not performing up'to
8 standard for the fifth step shall be notified in writing that the depart-
9 ment head intends to reduce him one step unless his job performance im-
10 proves significantly within a 60 -day period. Unless the employee's job
11 performance improves to an acceptable level by the end of 60 days, the pay
12 reduction shall then become effective. The fifth step may be reinstated
13 at any time upon recommendation of the department head. If the department
14 head deems it.necessary to again remove the fifth step during the same
15 fiscal year, he may make the change at any time with three business days'
16 written notice..
17 Each salary range consists of five steps (1 through 5). Steps 1 through 4
18 equal 95% of the next highest step, computed to the- nearest none, dollar.
19 Step 4 = 95% of Step 5
20 Step 3 = 95% of Step 4
21 Step 2 = 95% of Step 3 - - -
22 Step 1 = 95% of Step,2,`
23 Each across- the -board % salary increase shall raise,s`tep, 5 "of range 9P by'
24 that %. Step 5 of each successive salary range will be 2.63% above step
25 5 of the next lower range. After all step 5's of salary 'ranges•have been -'-
26 established, each step 5 shall be rounded off to the nearest $1.00 and the
27 remaining steps established in accordance with the above formula.
28
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LJ
,Employees who are eligible for advancement to step 4 or 5 after June 30,
1979, must receive an "Above Satisfactory" rating on their most recent
performance evaluation prior to or coincident with their being eligible for
advancement by time in grade.
Section B Salary Provisions for Fiscal Year 1982 -83
l: The parties agree to a six pe.rcent.(6 %) salary increase effective 1
July 1982 for all employees who are City employees on the day this
Agreement is formally approved by the City Council. The pay adjustment,
if any, required for the period from 1 July 1982, to the implementation
date of this Agreement shall be.computed at six percent (6 %) of the
gross earnings of each employee, as defined above., during that time
period.
2. The Police Lieutenants and Police Captains will receive a one range
(2.63 %) pay adjustment on July 1, 1982, and a one range (2.63 %) pay
adjustment on January 1, 1983.
3. The parties agree to a two percent (2 %) salary increase effective 1
April 1983 for all employees covered by this Agreement:
4. The parties -agree that effective 1 July 1983 all employees covered by
this Agreement shall receive a salary increaIse-based on Attie negotiations
pursuant to the openers article XIX.
Section C Overtime -
1. All employees covered by this Agreement except for the Police Lieutenants
Police Captains and Technical Services Coordinator, shall bey eligible for
overtime pay. All overtime shall be paid -at time- and - one -half including
shift continuation except as stated below:
a. Court Time - Employees reporting for court duty shall be-guaranteed
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two hours minimum payment at straight time when assigned to the second
or third watch or three hours minimum at straight time when assigned to
the first or fourth watch. Two or more court cases occurring within
the minimum time period shall be subject to a single minimum payment.
b. Training - Employees called back for - training sessions authorized
by the Police Chief or Watch Commander shall be paid on a straight time
basis with a two -hour minumum payment. (Sworn personnel below the rank
of Captain shall be paid two hours at strai.ght time when participating
in range qualification training when off duty;)•each sworn employee who
shoots for qualification shall be provi:ded-100 rounds of practice
ammunition during that month.
c. Police Officers assigned as investigators shall be paid at time -and-
one -half for the first two hours of the call -back.
d. Officers'assigned to .Police Officer investigator duties shall
receive a 7 -hour per month overtime payment. Investigators who serve
one week standby duty shall receive credit for '7 -hours overtime. All
overtime earned.except training,•shall be charged.against the seven
hour monthly minimum guarantee until exhausted-at which time overtime .
will be paid as worked at straight time.
2.. Employees eligible for overtime pay "may elect -to receive compensating
time off.(CTO) at straight time in lieu of overtime pay: The watch
supervisor must authorize the use of such CTO in- advance if it-is for two
days or less. The division commander must authorize CTO- use`in- excess of
two days at a time.
3. Except as otherwise provided here.in:,. all caal back shall 7be 'paid at time-
and -one half. Employee's called back to work other than their normally
sch.edul'ed shift shall be paid a minimum of two hours pay at time - and - one -half.
When the employee is required to work beyond two hours he shall be'compensa
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Section D Work Out Of Grade
Employees temporarily-assigned to work in a higher classification shall
receive one step (5.26) additional pay but in no case more than the top
step for the higher classification under the following conditions:
1. The.assignment exceeds ten consecutive work days, in which case the
step increase becomes effective on. the first work day.
2. The person being temporarily replaced is on extended sick or disability
leave or the position is vacant and an.examination is pending.
Section E Standby
Sworn personnel below the rank of Lieutenant on standby, except investigators:
shall be compensated one hour's pay for each five (5) hours standby. Such
employees shall be paid a minimum of, three (3) hours straight time when on
standby.:
Section F Roll Call Briefing
All Police Officers, investigators -, and Sergeants I and 'II shall report for
duty 15 minutes before the-.start of their shift for roll call briefing and
shall be paid at straight. time.
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ARTICLE VIII
BENEFITS
A. Effective 1 July 1982, City agrees to contribute $190.35 per month for
medical, dental, vision and life insurance for each regular, full time
employee covered by this Agreement.
B. Effective 1 July 1983, City agrees to contribute an-amount per month for
medical, dental., vision and life insurance for each regular, full time
employee covered by this agreement as negotiated pursuant to the openers
article XIX.
C. City shall pay to each full -time regular employee on December 22,
an annual lump.sum payment (subject to appropriate taxation) for the
difference between the amounts provided under Sections A & B above, or
the prorated share for less than full -time employees, and any lesser sum
expended by the employee fo'r medical and dental coverage for the period
of January 1 through December 31. The City agrees to maintain the curreni
level of benefits but reserves the right to choose insurance carriers
and /or the method of insuring and funding these benefits.
D. - Effective 1 January 1984, the lifetime medical minimum will be in-
creased to $750,000:00.
E. Effective 1 January.1.983, City will, pay the cost of increasing life
insurance to a -$2040a-pol.icy.for each.employee in the unit.
F. Disability•Insurance - -Effective July 1, 1981, City agrees to pay for a
disability insurance prografn'for..,al'f employees covered by this MOU which
will provide for 60% of'the base salary of the-employee after 90 days of
disability:subj:ect-to -any terms and conditions in the disability insuranc(
agreement including, but not limited to,. provisions for offset of
disabili.ty payments against workers' compensation, disability retirement
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or any other income excluded by the terms and the disability insurance
agreement.
G. Vacation Leave Vacation Leave is governed,by .Section 2708.7 of the
Municipal Code except that it may be taken after the completion of the
sixth calendar month of service since the benefit date.. Vacation leave
shall be accrued as.earne.d each payroll period up to a maximum of twice
the annual.accural rate.
H. Holidays - For all employees, holiday leave shall be accrued as earned
each payroll period at a rate of 8 hours per month. The follodji:ng
days of each year are designated holidays for non -shift employees:
January 1 - New Year's Day
February 12 --Lincoln's Birthday
Third Monday in February— Washington's Birthday
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
September-9 - Admission Day
Fourth Monday in October - Veteran's Day
Fourth.Thursday. in November.- Thanksgiving Day
December 25 - Christmas
-' "Employee's Birthday
One- halfrday'before Christmas
One -half. day before. New Year's
When a holiday fafl;s on a. Saturday, the preceding Friday shall be
observed. When'a'hol'iday_.falls on a Sunday, the following Monday shall
be observed.
I. Vacation, Holiday a nd'Compensatory Time Off Recordkeeping .
All employees may accrue a maximum of vacation time not to exceed twice
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their annual-rate as set out in Section 2708.7 of the San Luis Obispo
Municipal Code. Holiday leave is accrued at 8 hours per month to a
maximum of 96 hours.. -CTO accumulated in accordance with Article VI.I,
Section C.2 shall not exceed 40 hours. Subject to the prior approval
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the Police Chief or his designated representative, each employee has the
option of taking holiday leave or CTO off, being.paid at straight time
for any unused leave at the end of each calendar quarter, or carrying
over. A maximum of 136,hours may be so paid off each.calendar year.
This Section is subject to annual approval of the Chief of Police prior
to the begining of the new fiscal year.
J. Sick Leave - Sick leave is governed by Section 2708.5 of the Municipal
Code. An employee-may take up to two days.per year of sick leave if
required to be away from the job to personally care for a member of his/
her immediate family as defined in Section 2708.5 of the San.Luis Obispo
Municipal Code. This may be extended to five days per year if the family',
member-is part of the employee's household, and to seven days if a
household member is hospitalized and the employee submits written
verification''of:such hospitalization..
Upon termination of employment by death or retirement, a percentage of
the- dollar value-of the employee's accumulated sick leave will be paid
to the employee, or the designated beneficiary or beneficiaries according
,_to the 'following schedule:
a. Death - 25%
b. Retirement and actual commencement of PERS benefits:
1. After ten years of continuous employment.- 10%
2.' After-twenty years of continuous employment - 15%
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K. Workers' Compensation Leave - Any employee who is absent from duty
because of on- the -job i.njury in accordance with state workers' compensa-
tion law and is not eligible for disability payments under Labor Code
Section 4850 shall be paid the difference between his base salary and
the amount provided by workers' compensation law during the first 90
business days of such disability absence.
L. Uniform Allowance
1.. Each employee.required . to wear a uniform shall receive an annual
uniform allowance of $300_, paid quarterly. -This allowance shall not be
paid for.,any employee who is off duty due to a job- related injury at the
start of.any calendar quarter. If the employee returns to work during
that quarter, his/her-uniform allowance will be- prorated.
2. The City agrees to provide bullet -proof vests to Police Officers
for optional wearing. At the discretion of the Watch Commander, all
officers may be required to wear vests.
M. Educational Incentive - The City agrees- to establish an educational
incentive pay plan.- Incentive pay benefits will be available only to
personnel- below the rank of Captain.
1. Basic Benefits. Educational incentive pay shall not begin until
_ one year -after employment with the City-of San Luis Obispo.., but credit
will 'be given, for approved education obtained prior to that time. The
-basic, benefit for officers employed prior to July-1,1981, will consist
-of one - half -ste.p above the base salary for possession of an A.A., or
equivalent degree.from an,accredited community or junior college; or 60
or more,. semester units, or a-city= approved equivalent, towards..a B.A.
degree; and one full step for a BfA-7or eauv_alent_dearee from an _7D
;accredited four vear_col_l eae_or_untversi t_v_or an A.A. or A.S. degree
:plus the P. O. S. T. Advanced certificate. Total incentive pay shall in.
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no case exceed one step.
2. Job Related Fields.
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Degrees must be either in•d-irectly job related
fields,or include at least 30 semester, or city- approved equivalent,
units in the case of an A.A. or-A.S. degree, and at least 60 semester,
or city= approved•equivalent, units in the case of a B.A. or equivalent
degrees leading toward the appropriate degree with a grade of "C" or
better.
3. Applica -tion and Approval. Application for the incentive pay shall be
made by the 'employee to the department head at least 30 days before the
date the payment of the incentive ,pay is to be effective. Approval of
the department head and the Personnel. Director shall be required.
4. Unsatisfactory Performance, In the event an employee receiving the
incentive pay .is not performing.up the established standards set for the
job, the department head with the zoncurrence "of the.Administrative
Officer may suspend payment of the incentive pay or Step 5 of the salary
I ange, but not both, until such time as the employee's performance comes
uplto °the standard level, in the opinion of the department head and
concur.red.in by the Administrative officer.
5. No.n-Applicabili.ty. Educational incentives shall not be paid for
education received on City time. The education incentive will be removed
if the employee is promoted to a position which does not entitle employee
to such incentives.
Tuition and Books. If an employee holds a position which does not
qualify him for incentive pay, the employee will be eiligible to receive
payment for 50% of tuition and books for approved job related courses
upon satisfactory completion of same with a grade of "C" or better.
7. New Employees. The basic benefit for officers hired on or after
July 1, 1981, shall be a five percent step increase for a period of one
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fiscal year if during the previous fiscal year the officer has success -
fully completed i.e., grades of "C" or better in -all courses -- a
minimum of nine semester, or City- approved equivalent, units of college
level classroom work approved by the Chief of Police, provided that
'thi.s benefit shall be payable only for classroom work done after comple-
tion of the probationary period: -
N. Accidental Death in the Line of Duty - The.spouse-or'surviving minor
children (unde,r 19 unless full -time students, in which case under 23) of
a Police Officer who dies in the line of duty shall continue to receive
payment of the employee's base salary and medical insurance benefits
until the.workers' compensation claim is settled and benefits awarded.
At that time, the'City's accumulated contributions will be deducted
from the award.
1 ARTICLE IX.
2 WORKING CONDITIONS
3 Section A Place of Residence
4 An officer's :place "of residence shall be within a thirty (30). minute
g driving radius from' San Luis Obispo proper.
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1 'ARTICLE X
2 RETIREMENT
3 A. The City agrees to provide the Public Employees' Retirement System's
4 one -half pay at age '55.plan to all sworn personnel and the 2% at age
5 60 plan to all non -sworn personnel. The one =half at age 55 plan
6 includes four amendments, namely, Post Retirement Survior Allowance,
7 the 1959 Survivor's Benefit, age 50 voluntary retirement, and one -,
8 year final compensation. The 2% at 60 plan has three amendments, 1.959
9 Survivor's Benefit, one year final compensation, and conversion of un-
10 used sick leave to additional retirement credit.
11 B. Effective 1 July 1.983, City .agrees to provide�PERS 2% at 55 for sworn
12 personnel and 2% at 60 for unsworn personnel, with amendments as
13 specified in A, with conversion of unused sick leave to additional
14 retirement credit.
15 C. City will, pay the employee's contribution to the:PERS.
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ARTICLE XI
2
POLICY AND PROCEDURE COMMITTEE
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A committee
including three (3) Association member(s), two (`2) departmental
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management and
the Personnel Director shall explore and reconcile over -
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Yapping and
conflicting policies and make recommendations to the Police
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Chief. The
Police Chief will consider any recommendations of the committee.,
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however, the
parties recognize and agree that the Police Chief has the
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set policy.
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ADTTrrr VTT
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any Memorandum
of Understanding, excluding disciplinary matters, or other matters as fall
within the scope of representation.
Each grievance shall be handled in the following - manner:
A. The employee who is dissatisfied with the response of the 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 proces.. If the matter can be
resolved at that level to the satisfaction of the employee, the grievance
shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit the
grievance in writing to the department head for consideration, stating the
facts on which it was based, including the provision of the rules, regula-
tions, or agreement said to be violated, and the proposed remedy. This
action must take place within fifteen (15) business days of the occurrence
of the grievance. The department head shall promptly consider the grievance
and render a decision in writing within fifteen (15.) business days of..receiv-
ing the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
C. If the employee i.s dissatisfied with the department head's
decision, the employee may immediately submit the grievance in writing to
the Personnel Director within five (5) business days of receiving the,
department head's decision. The Personnel Director shall confer with the
employee and the department head and any other interested parties; and shall
conduct such other investigations as may be advisable.
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'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 the
employee within.fifteen (15) business .days of 'receiving the Personnel
Director's results and findin4s. Such decision shall be final unless
employee desires the Personnel Board to review the decision.. If such is the
case, the employee will have five (5) business days following receipt of the
City Administrative Officer's decision to'submit a written request to the
Personnel Board bhrough the Personnel Director for review of the decision.
The Personnel Board within thirty (30) business days shall review-the record
and either (1) issue and 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 Adminis-
trative 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 fifteen (15) business days=of submittal.., ,
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ARTICLE XIII
2
GENERAL PROVISIONS
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Section A .Payday
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Paychecks will be disbursed on the 7th and 22nd of each month.
If the 7th
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or 22nd -falls on a weekend or holiday, payment shall be.made
the preceding
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business day. This disbursement schedule is-predicated upon
normal working
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conditions and is subject to. adjustment for cause beyond the
City's control.
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Section B Paychecks Prior To Vacation
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If an employee is-taking vacation leave and wishes to receive
his regular
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paycheck before payday, the employee must notify the Finance
Department
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in writing at least two weeks prior to the start of vacation
provided the
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employee has -sufficient vacation time coming to cover the pay
period.
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Section C Management Benefit
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Employees:f.illing those positions defined as management shall
receive
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$25,000 term life insurance and long -term disability insurance plan for
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recognition of th'e`ir management.responsibilities.
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Section D Salary, Survey Agencies
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Agencies to be used for review of salaries shall include:
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Antioch
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California Highway Patrol - -'
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Chino
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Clovis
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Davis
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Monterey
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Pacificia
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ADTTr1 r vry
1WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage is
unlawful and shall terminate the employment relation. Provided however
that nothing herein shall be so construed as to affect the right of any
employee to abandon or to resign his employment.
(a) Employee oroanizations shall not hinder, delay, or interfere
coerce employees of the City to hinder, delay, or interfere with
the peaceful performance of City services by strike, concerted
work stoppage, cessation of work, slow -down, sit -down, stay -away,
or unlawful picketing. -
(b) In the event that there occurs any strike, concerted work stoppage,
or-any other form of interference with or limitation of the peace-
ful performance of City services prohibited by Article 28 (a)
hereof, the City, in addition to any other lawful remedies or
disciplinary actions, may by action of the rlunicipal Employee.
Relations Officer cancel any or all payroll-deductions, prohibit
the use of bulletin boards, prohibit the-use of City facilities,
and withdraw recognition of the employee organization or organiza-
tions participating in such actions.,, -
(c) Employee members of any employee organization shall not be locked
out or prevented by managem'ent'-officials from performing their
assigned duties when such employees are willing and`W eI to perform
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such duties in.the customary manner and at a reasonable level of
efficiency.
Any decision made under the provisions of this Section may be appealed to
the City Council by filing a_ written Notice of.Appeal with the City Clerk,
accompanied by a complete statement setting forth all of the facts upon
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• ARTICLE XV
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. -The parties, for the term of this Agreement,
voluntarily and-unqualifiedly agree to waive the obligation to negotiate with
respect to any practice, subject or matter not specifically referred to or
covered in this Agreement even though such practice, subject or matter may
not have been within the knowledge of the parties at the time this Agreement
was negotiated and'signed. In the event any new practice, subject or matter
arises during the term of this Agreement and an action is proposed by the
City, the Association will be afforded notice and shall have the right to
meet and confer upon request.
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ARTICLE XVJ
SAVINGS CLAUSE
If any provision of this.Agreement should be held invalid by operation of
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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.arid 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).
1 ARTICLE XVII
2 RETIREE'S MEDICAL"INSURANCE
3 Employees covered by this Agreement who meet all of the conditions set forth.
4 below may continue group medical coverage at group rate paid totally by the
5 employee. The qualifying conditions are:
6 A. The employee must retire from City service, apply for and actually
7 receive retirement benefits through the City's retirement system.
g B. The employee must be at least_50 years of age,
9 C. The employee.must have at least ten (10) years of service with the
10 . city.
11 D. The employee may have dependent coverage only for those dependents
12 covered for the last year of employment with the City.
13 E. All employee and dependent coverage will cease upon the death of
14 the employee or upon the - employee reaching age 65.'
15 This benefit only applies'to employees who retire during the term of this
16 Agreement. This benefit shall continue beyond -June 30, 1984, if, and only
17 if, there is mutual agreement . of_t'he - parties to continue such.benefit.
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ARTICLE XVIII
NON- SUBSTANTIVE REVISIONS
Effective 1 July 1983, management may make non - substantive revisions to the
Agreement as discussed during the 1982 negotiations.
If management intends to make such revisions, they must by submitted to the
Association no later than l January 1983.
No changes shall be made unless they are agreed upon by the parties.
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ARTICLE XIX
OPENERS
During the term of this.Agreement the parties agree that only across the
board salary range increases; City contribution *for medical,, dental, vision
and life insurance,; and one (1) additional topic "per.party shall be
negotiated.
I.f either party desi.res.to make a change to the Agreement as defined above,
that party shall serve upon the other, its written request to. negotiate, as
well as its initial proposals to amend the contract for those subjects that
may be properly opened. Such notice and proposals must be submitted to the
other party between 15 April 1983 and 1 May 1983. If notice is properly
and timely given, negotiations shall commence no later than 15 May 1983.
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ARTICLE ,XX
RENEGOTIATIONS
If at the expiration df 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 l May. If notice. is.properly and timely given,
negotiations shall .commence no later than 15 May..
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ARTICLE "XXI
LAYOFFS
The parties agree that Rule 2705.3 shall be revised to give employees who
are laid off pursuant to Rule 2705.3 reemployrrient* rights that will require
their rehire prior to the employment of individuals on an .open or promotional
list. The employee to be rehired, must, at the time of rehire, meet the
minimum qualifications as stated in the appropriate class.specifications.
Employees will be rehired on the bases of last out, first in.
Vicki
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ARTICLE XXII
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1982 and shall continue
in full force and effect until expiration at midnight, June 30, 1984.
1. Classification covered by this Agreement and included within this unit
are shown in Appendix "A" (unless management employees opt out of the
unit pursuant to Article .II.)
2. This Agreement does not apply to Temporary. Employees or Part -time
employees.
This Agreement was executed on
following parties.
CITY
OF SAN
LUIS
OBISPO
Don
Becker,
City
Consu tant
RcitZ�L -
Ann 11cKibbin, Personnel Director
st 31
1982 by the
SAN LUIS OBISPO POLICE OFFICERS' ASSOC.
C�
Charles Gol sser, Police Officers'
Consultant
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APPENDIX A
CLASSIFICATION
Communications Technician I
Communications Technician II
Crime Prevention Coordinator
Ft6ld Service Technician
Identification Technician
Parking Enforcement Officer
Police Captain
Police Lieutenant
Police Officer
Police Sergeant -I
Police Sergeant II
Technical Services Coordinator
_ 35�
APPENDIX B
j
CITY OF SAN LUIS OBISPO
POLICE DEPARTMENT
SPECIAL ORDER NO. 505'
POLICE DEPARTMENT OVERTIME
January 13, 1981
(Refer to Memorandum of Understanding - July 1980 to June 1982 approved by
the City Council.)
Frequently, we have had misunderstandings from all levels within the
Department concerning overtime, minimums, court time, standby, call back,
etc.
I asked .Sgt. Downey, President of the Police Association, to draft an easy
to understand memorandum that7would clarify the legal language of the M.O.U.
to eliminate unnecessary doubt and confusion over the terms it contains. In
addition, I asked for brief, clear, examples that would clarify most situations
that we encounter in requesting and authorizing overtime.. His very commendable
memorandum is attached to serve as a guideline and as an. example for all
personnel involved in this process.
We have also requested the Finance Department to provide us with new overtime
forms that can.be computer -coded to better analysis expenditures of overtime
resources. Coding sheets and a procedure authorizing overtime compensation
will be completed and distributed to each of you by Technical Services on
or before February 1,_1981. We urge your cooperation in making this system
effective and efficient.
The attached memorandum is approved subject to- possibility of conflict with
the Council - approved N.O.U. and in case of such conflict, the M.O.U. provisions
shall prevail.
ROGY L. NEUMAN
CHIEF OF POLICE
RLN:jdd
Attachment
As above
Appendix B - Page 2
San Luis Obispo
POLICE OFFICEKS' ASSOCIATION
"o� << Post Office Box 1251
Son Luis Obispo, California 93401
MEMORANDUM
TO: All Personnel
FROM: Sergeant R. J. Downey, President
DATE: January 6, 1981
SUBJECT: Overtime
Due to a misunderstanding each member has not received a copy of the MOU.
Therefore, a need to clarify overtime exists, i.e., when it is paid, min -
imums, court time standby, etc.
Hopefully, this memo will provide clarification so everyone will operate
with the same understanding.
I am asking the Chief of Police to sign this memo, post it on the bulletin
board and provide a copy to every supervisor.
The MOU is expressed in "leganlese" and overtime•is discussed under several
headings. I will provide my understanding of the MOU complete with examples.
The Chief of Police indicates his concurrence by his signature and thereby
provides the uniform guidelines for staff, as well as the Officers.
I. All overtime that is shift continuation is paid at time and one -half,
herein expressed as T 1/2.
Example - I
A. Officer is scheduled to work from 0700 to 1500 hours. The Officer
is held over until 1700 hours. The Officer receives 2 hours over-
time at T 112.
B. If the Officer works a fraction of an hour, the Officer will round
off as follows:
0 to 15 minutes equals NO
15 to 30 minutes equals 7/2
30 to 40 minutes equals 1/2
40 minutes or more equals 1
This same procedure is used
45 minutes equals 2 hours.
overtime
hour
hour
hour
beyond the first hour, i.e., 1 hour
-37-
J
- Appendix B - Page 3
All Personnel
RE: Overtime
January 6, 1981
Page Two
II. There are a number of circumstances where the Officer is guaranteed
a minimum number of hours at T 112, primarily, callback. This is a
situation in which the employee is called back to work other than
his normally scheduled shift. The employee shall be paid a minimum
of two (2) hours at T 1/2. If the employee works beyond the two
hour minimum he will be paid T.1 /2 for each hour worked, using the
same procedure as outlined in Example 1(B) above.
Example 2:
A. Officer is called back from his day off and works eight (8)
hours. Officer receives eight hours overtime at T 112.
B. Officer is called back and works any time less than two (2)
hours. Officer receives two hours overtime at T 1/2.
C. Detective is called in at 2:00 a.m. and departs at 2:30 a.m.
Detective receives two hours.overtime at T 1/2.
D. Detective is called in at 2:00 a.m. and does not depart until
7:00 a.m. Detective receives two hours overtime at T 1/2 for
the first two hours and straight time for the remaining three
hours.
NOTE: Detectives receive the same minimum. However, the first
two (2) hours and /or the minimum two (2) hours are the only
hours for which Detectives will receive T 1/2. All other
Detective overtime is paid at "straight time" herein expressed
as ST.
III. Emergency Call Out
Supercedes everything discussed and is easy to understand if addressed
as a separate_ entity. Emergency Call Out is defined as: "The unex-
pected, the unknown, those events which.cannot be foreseen and / -or
manpower pre - planned." Examples listed in the MOU are: earthquakes,
floods, nuclear disaster, explosions, hazardous material spills, and
mutual aid.
NOTE: Emergency Call Out DOES NOT APPLY when a single member of the
Department or a specialized team, is called out to handle a special
investigation or an unusual occurrence such as a "homicide investiga-
tion" or an "unlawful assembly ".
Emergency Call Out is paid at a minimum of four (4) hours at T 1/2 and
ST for each additional hour after the first four hours each employee
works. 'No employee shall receive more than one four -hour minimum.
OEM
Appendix B - Page 4�
All Personnel
RE: Overtime
January 6, 1981
Page Three
�J
Example 3 - Emergency Call Out is declared
A. Everyone is placed on twelve hour.shifts. All days off and vaca-
tion canceled. Everyone receives four hours at T 112 and ST for
each hour worked thereafter. Obviously, you do not receive the
overtime if you are on duty. You do not receive overtime i:f the
Call Out is canceled prior to your beginning your twelve hour
shift.
B. The same as "A" above and the Call Out lasted three days. Every-
one would receive four hours T 1/2 and eight hours ST. Your
normal work hours are extended from eight to twelve hours. The
first four hours over your normal eight represents and accounts
for the four (4) hour minimum and is paid at T 1/2. The remain-
ing two days you earn four hours each day at ST.
C. The same as "B" above and the Call Out falls on your "days off"
you receive four hours overtime.at T 1/2 and twenty -four hours
at ST.
IV. Court Time
Simply stated, we are guaranteed two or three hours minimum overtime
at ST for any court appearance. If you are assigned to Shift II or
III, you receive a two hour minimum. If you are assigned to Shift I
or IV, you receive a three hour minimum. If court duty extends
beyond the minimum you receive ST pay on an hour for hour basis.
NOTE:
A. Two.or more court cases occurring within the minimum time period
shall be subject to a single minimum payment.
B. Compliance with Department Operations Directive S -7 is essential
to insure payment of overtime for court.
C. The exception to the minimums indicated is shift continuation
which is paid as any other shift continuation overtime, i.e.,
T 1/2 for each hour actually worked.
Example 4:
A. Officer working Graveyard or Relief Shift. Officer appears in
court and the case is dismissed or for whatever reason the Officer
is finished after 15 or 20 minutes. The Officer receives three
hours overtime at ST.
-39-
• Appendix B - Page 5,h, �c
All Personnel
RE: Overtime
January 6, 1981
Page Four
B. Under same circumstances as "A" above but Officer is assigned to
Day or Night Shift. The Officer receives two hours overtime
at ST.
C. Circumstances are the same as "A" and /or "B" above and three cases
are scheduled. The Officer is finished in less time than the,min-
imum. Officer receives only the minimum as if he'd appeared for a
single case, i.e., two or three hours respectively.
D. Officer assigned to Day Watch but reports for court at 1400 hours
and does not finish until 1630 hours. Under the shift continuation
proviso the Officer receives 1 1/2 hours overtime at T 1/2, the
difference between 10 -10 time 1500 and 1630 hours. No minimum.
E. Officer assigned to Night Watch and-reports for court at 1330
hours and is finished at 1400 hours. Officer receives the two
hour minimum at ST.
F. You may NOT collect a double minimum by combining standby and
court minimums subject to V explained below.
V. Standby
Does not apply to Detectives. This provision was made for the De-
partment's use, but in a number of cases has been extended for use
by the District Attorney as "telephone standby for court ".
Standby is paid at a ratio of 5 to 1, i.e., for each five hours you
are on standby you receive one (1) hour overtime at ST. However, you
must receive a minimum of three hours overtime at ST anytime you are
placed on standby.
NOTE: You may not receive a double minimum when on standby for court.
Example 5:
A. Officer scheduled for court at 0900 hours, District Attorney
places Officer on standby and at 1000 hours Officer is told to
respond. Officer appears and is finished at 1030 hours. Officer
receives only three hours overtime at ST because the telephone
standby minimum is three hours and the Officer .did not go beyond
the minimum.
B. Same circumstances as in "A" above, but Officer is instructed to
respond to court at 1300 hours after being on standby from 0900
hours to 1130 hours. The Officer appears at 1300 hours and is
finished at 1400 hours. Officer receives the three hour minimum
for telephone standby plus the hour from 1300 to 1400 hours or one
hour. Total overtime equals four hours at ST.
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� U
RESOLUTION NO. 4933 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO AMENDING APPROVAL OF TENTATIVE MAP
FOR MINOR SUBDIVISION 82 -61 LOCATED AT 410 HIGUERA
STREET AND SUPERSEDING RESOLUTION N0. 4846 (1982
Series)
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Findings. That this Council, after consideration of subdividers
requested revisions of conditions for the tentative map of Minor Subdivision No.
82 -61 and the staff recommendations and reports thereon, makes the following
findings:
1. The proposed parcel map and design are consistent with the general plan.
2. The site is physically suited for the proposed type and density of develop-
ment which is permitted by the C -R -S zone.
3. The design is not likely to cause substantial environmental damage or cause
serious health problems.
4. The design of the proposed subdivision will not conflict with public easements
for access through or use of property within the proposed subdivision.
5. The proposed parcel map is categorically exempt from enviromental determination.
SECTION 2. Conditions. That the approval of the tentative map for Minor
Subdivision 82 -61 be subject to the following conditions:
1. Subdivider shall dedicate sufficient right -of -way across the frontage of the
property to allow construction of a right turn lane at the corner of Higuera
Street and Highway 101 on -ramp for street widening purposes, to the approval
of the City Engineer.
2. Subdivider shall grant drainage easements for Stenner and San Luis Obispo
Creeks within the project site including slope bank easements required for
the realignment and /or reconstruction of the Marsh Street Bridge.
3. Subdivider shall extend a looped public water line from Higuera Street to
Dana Street in easements granted to the city or in existing right -of -way, to
the approval of the City Engineer and Fire.Department.
4. Subdivider shall grant an easement to the city for the existing 12 -inch sewer
line on this property and provide all- weather access to the approval of the
City Engineer.
R 4933
/ Resolution No. 1982 Series)
Page 2
5. Subdivider shall grant to the city a blanket easement on this property to
permit the city to relocate the existing 12 -inch sewer main when creek
widening occurs.
SECTION 3. Council Resolution No. 4846 (1982 Series) is hereby superseded by
this amended resolution.
On motion of Councilman Griffin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmembers Griffin, . Settle, Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
the foregoing resolution was passed and adopted this 23rd.day of Ausust , 1982.
ATTEST:
V .
City Clerk Pamela Vo es
City Attorney
Community Develo went Director
1 - d /'
3
I I O
RESOLUTION NO. 4932 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AMENDED USE PERMIT U0818 FOR A
RESTAURANT, RETAIL AND OFFICE COMPLEX LOCATED AT
410 HIGUERA STREET AND SUPERSEDING PLANNING COM a SSION
RESOLUTION No. 1801 -82.
WHEREAS, Higuera Hill Partnership, applicant, has requested revisions
to conditions of approved use permit U0818 allowing a restaurant, retail,
and office project known as Promontory, and
WHEREAS, this council has considered staff reports and recommendations
thereon, supplementary material and testimony at its public hearing held on
August 23, 1982.
NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo
as follows:
SECTION 1. Based on the materials and statements set out above, the
council find as follows:
1. The proposed project will not be detrimental to the health, safety and
welfare of persons living or working in the area.
2. The proposed project is appropriate at the proposed location, and will
be compatible with surrounding land uses.
3. The proposed project conforms to the general plan and Downtown Goals
.Statement.
4. The proposed project meets Zoning Ordinance requirements.
5. The proposed project:is granted a mitigated negative declaration based on
the following measures:
A. Restaurant capacity limited to 125 seats or less.
B. Incorporation of wildlife biologists' mitigation measures into project
description.
C. Proposed bridge will be designed to span creek channel widened to
accommodate 100 year storm flow per Corps of Engineers preliminary
design unless the City Council agrees to modify criteria. Natural
creek channel will be retained.
R 4932.
Resolution No. 4932 (1982 Series)
Page 2
SECTION 2.. Based on the findings set out in Section 1, the council
hereby approves amended use permit U0818 subject to the following conditions:
1. Applicant shall file a minor subdivision map request to combine all the
underlying lots on the property into one lot. The final map shall be
recorded prior to the issuance of any certificates of occupancy for any
building in the project. This use permit expires on October 8, 1982.
2. Applicant shall submit a precise plan to be approved by the Architectural
Review Commission. Said plan shall include the following items:
A. Sign plan.limiting the main identification sign for -this projectz.to_
a monument -type sign .located at the Higuera Street frontage.
B. Landscape plan with earth berming and /or landscaping to screen parking
at the upper area of the site from view or Highway 101, and specimen
trees (24 inch box minimum) equal in number and height potential to
those approved to be removed from this site.
C. Low profile lighting system of specified type of light source for the
parking areas and buildings.
D. Provision for a public access trail along San Luis Creek.
E. There shall be no signs visible from Highway 101 or adjacent surface
roads.
3. Applicant shall grant drainage easements for Stenner and San Luis Creeks
within the project site in accordance with creek setback lines and
improvements standards established by the City Council to the approval
of the City Engineer.
4. Applicant shall install a looped public water line from Higuera Street to
Dana St=reet water line, in easements granted to the City or existing right-
of -way and install on =site fire hydrant(s) all to the approval of the City
Engineer and Fire Department.
5. The following requirements of the Fire Department shall be met:
A. A 20' wide, clear and unobstructed access all- weather road shall be
provided throughout the parking and driveway area.
B. The triangular divider at the project entrance shall be deleted from
the plans. No obstruction of any sort shall be placed., or constructed,
or allowed to remain in any access -way.
C. Red- painted curbs and approved signs shall be installed to the Fire
Department approval in areas which the.Fire Department has designated
as required access.
D. Suitable hard- surface paving blocks or other approved all- weather surface
shall be installed in the centers of circular drive areas to minimize the
difficulty of fire apparatus in passing through these areas. These areas
are deficient regarding turn radii for Fire Department access.
E. A separate, approved sprinkler- system shall be installed for each letter -
designated building in the complex,subject.to approval of the Fire Marshal
and in conformance to NFPA 13.
C]
Resolution No. 4932 (1982 Series)
Page 3
6. Applicant shall reduce the area of Building "B ".and patio for same so that
they do not encroach into the 100 -year widening of San Luis Creek to the
approval of the City Engineer and Community Development Director.
7. .Applicant shall provide traffic directional signs throughout the project
to the approval of the City Engineer.
8. Applicant shall submit revised plans for the front parking lot next to
Higuera Street to remove encroachment into San Luis Creek to the approval
of the City Engineer.
9. Applicant shall grant an easement to the city for the existing 12 -inch sewer on
this property to the approval of the City Engineer.
10. Applicant shall grant_ to the city a blanket easement on this property to permit
the city to relocate the existing 12 -inch sewer main when creek widening occurs.
11. Applicant shall provide a bridge for access across San Luis Creek. Said
bridge shall comply with all city 100 -year flood standards and policies and
shall be wide enough to provide 20 feet vehicular access, plus 4 foot bicycle
lane and a 4 foot pedestrian access to the approval of the City Engineer.
12. Parking within required street yard setback.along Highway 101 frontage is
hereby approved as shown. A minimum of 148 parking spaces shall be provided
on site. Reduction of parking spaces pursuant to condition 6 of this use
permit.shall be accompanied by a, commensurate reduction of office floor area
to be constructed at a ratio of 300 sq.,ft. per parking space.
13. Applicant shall install bicycle racks and a minimum of 5 handicap parking spaces.
Location shall be to the approval of the Community Development Department staff.
14. All sources of lighting for the spotlighting or floodlighting of buildings,'
parking lot and grounds, shall be of a low - intensity type and shall be
shielded so as not to be directly visible to or shine on adjacent residential
properties or public streets to the satisfaction of the Community Development
Director. All lighting sources shall be.designed to minimize energy consumption.
15. The restaurant shall be limited to 125.seats (including patio area).
16. No deliveries or loading for any use on site shall_ take place between the
hours of 11:00 a.m.aand 2:00 p.m. or-between.6:00 p.m. and_9 :00,p.n.
17. Office use for medical, dental or governmental type use shall not be allowed.
Retail uses shall be limited to indoor flower shop (2500 sq. ft. maximum).
18. The property shall be maintained in a clean and orderly manner. All plant
materials shall be maintained and replaced as necessary.
19. Applicant's plan shall conform to all requirements of the Tree Committee
established by ordinance. Adjustments to building placement up to 10 feet may
occur to provide protection of trees to be saved.
Resolution No. 4932 (1982 Series)
Page 4
20. Applicant shall dedicate sufficient.right =of =way across the frontage of the
property to accommodate a.r.ight turn lane at the corner of Higuera Street
and Highway 101 on ramp for street widening purposes to the approval of
the Cite Engineer:
SECTION 3. Planning Commission Resolution No. 18.01 -81 is hereby superseded
by this amended resolution.
On motion of Councilman Settle seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey
the foregoing Resolution was passed and adopted this 23rd. day of August.
1982.
ATTEST:
VeIWA
City Clerk Pamela Vo es
City Attorney
Community Development Director
1W2