HomeMy WebLinkAbout8612-8624RESOLUTION NO.8624(1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADJUSTING THE COMPENSATION FOR THE CITY'S CONFIDENTIAL EMPLOYEES
FOR THE PERIOD OF JANUARY 1, 1997 THROUGH DECEMBER 31,1998
WHEREAS, the City of San Luis Obispo designates the Executive Secretary to the City
Administrative Officer, the Executive Secretary to the Personnel. Director, the Legal Secretary and the
Personnel Assistant II as confidential employees pursuant to the Government Code,
WHEREAS, as such, confidential employees are precluded from collective bargaining and
therefore are not governed by a collective bargaining agreement,
WHEREAS, the wages, hours and other terns and conditions of employment for confidential
employees are established by resolution,
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as
follows:
SECTION 1. The salaries of the confidential employees shall be increased by 3% effective the
first day of the firstAill pay period of January 1997 and by 3.5% effective the first day of the first fiill
pay period of January 1998.
SECTION 2. The health insurance contribution for confidential employees shall be increased
to $415 per month effective the first day of the first full pay period of January 1998.
SECTION 3. The Finance Director shall adjust the Personnel Services appropriation accounts
to reflect these changes.
Upon motion of Council Dlember Williams. , seconded by
Vice Mayor Roalman , and on the following roll call vote:
AYES: Council 1- kmbers Williams, Romero, Smith and Mayor Settle
NOES: Vice mayor Roa]man
ABSENT: None
the foregoing resolution was adopted this 21st day of January , 1996.
ATTEST:
Clerk B7&e Ga Mayor Allen S e
APPROVED AS TO FORM:
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RESOLUTION NO. 8623 (1997 Series)
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY
FIRE BATTATLION CHIEFS' ASSOCIATION FOR THE PERIOD OF JULY L 1996 -
NNE 309 1998
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Fire Battalion Chiefs' Association, attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Steve Smith, Battalion Ck4 and Ann
Slate, Personnel Director.
Upon motion of Council Llember Williar:s , seconded by
Vice favor Roalman , and on the following roll call vote:
AYES: Council Mm -bers Williams, Pamero, Smith and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
the foregoing resolution was adopted this 21st day of January , 1997..
ATTEST:
WIT6 WO 0.0.1 1. 1. - 1W. M
APPROVED AS TO FORM:
ity rney
Mayor A-Hen Settle
P-51991
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RESOLUTION NO. 8622 (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF SAN LUIS j
OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY
EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 1997 -
DECEMBER 31, 1998
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo City Employees' Association (SLOCEA), attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Tim Girvin, San Luis Obispo City
Employees' Association, and Ann Slate, Personnel Director.
Upon motion of Council Tkn- ber::Willickm , seconded by
Vice Mayor Roalman , and on the following roll call vote:
AYES: Councii MaTbe."rs Williams, Romero, Smith and Playor Settle
NOES: Vice Mayor Roalman
ABSENT:Ibne
the foregoing resolution was adopted this 21st day of January , 1997.
ATTEST:
_ —
APPROVED AS TO FORM:.
Ity Ern
Mayor Allen Settle
R -8622
3 0 pp
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 1997
Through
DECEMBER 31, 1998
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TABLE OF CONTENTS
Article No. 11k Page No.
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Parties to Agreement 1
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Recognition
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Term of Agreement
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Renegotiation
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Salary
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Overtime
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Longevity
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Standby
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Callback
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Work Out -Of -Class .....................
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Temporary Assignment ..................
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Payday .............................
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Paychecks Prior To Vacation ..............
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Retirement
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Insurance and Refund
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Long Term Disability Insurance ............
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Holidays
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Sick Leave
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Bereavement Leave ....................
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Family Leave .........................
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Vacation Leave
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Workers' Compensation Leave .............
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Work Schedule
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Vacation Sell Back .....................
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Americans With Disabilities Act ............
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Transfer
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Layoffs .............................
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Light Duty Assignment ..................
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Class "A & B" Physicals .................
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Uniform and Uniform Allowance ...........
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Safety Program
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Employee Rights
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Grievance Procedure ...................
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Representative Role ....................
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Committee Representation ...............
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Dues Deduction .......................
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Copies of Agreement ...................
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Management Rights ....................
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Peaceful Performance ...................
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Full Agreement .......................
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Savings Clause .......................
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Authorized Agents .....................
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Signatures ..........................
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Appendix A .......................... 71
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ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 21 st day of January, 1997, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the
San Luis Obispo City Employees' Association, hereinafter referred to as the
Association.
Nothing in this Agreement between the parties shall invalidate nor be substituted
for any provisions in City Resolution No. 6620 unless so stipulated to by
provision(s) contained herein and agreed to.
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ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620,
the City hereby recognizes the San Luis Obispo City Employees' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the
General Unit with respect to their compensation, hours and other terms and
conditions of employment for the duration of the Agreement.
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ARTICLE 3
TERM OF AGREEMENT
This Agreement shall become effective upon adoption of Council, except that those
provisions which have specific implementation dates, shall be implemented on
those dates and shall remain in full force and effect until midnight December 31,
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ARTICLE 4
RENEGOTIATION
If the Association desires to negotiate a successor Agreement, then the Association
shall serve upon the City, during September of 1998, its written request to begin
negotiations as well as its written proposals for such changes. Negotiations shall
begin within, but no later than, thirty (30) days from the date of receipt of the
notice and proposals by the City.
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ARTICLE 5
SALARY
SECTION A Rules Governina Step Changes
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate
for the class. In cases where it is difficult to secure qualified personnel,
or if a person of unusual qualifications is hired, the Administrative
Officer may authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee
to improve his/her work. An employee may be advanced to the second
step following the completion of six months satisfactory service upon
recommendation by his/her department head and the approval of the
Personnel Director.
(3) The third step represents the middle value of the salary range and is the
rate at which a fully qualified, experienced and ordinarily conscientious
employee may expect to be paid after a reasonable period of
satisfactory service. An employee may be advanced to the third step
after completion of six months service at the second step, provided the
advancement is recommended by the department head and approved
by the Personnel Director.
(4) The fourth and fifth steps are to be awarded only if performance is
deemed competent or above as shown on the last performance
evaluation. An employee may be advanced to the fourth step after
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completion of one year of service at the third step provided the
advancement is recommended by the department head and approved
by the Personnel Director. An employee may be advanced to the fifth
step after completion of two years service (one year for employees who
were at fifth step in one classification and then promoted to a lower
step in a higher classification) at the fourth step provided the
advancement is recommended and justified in writing by the
department head and approved by the Personnel Director.
(5) The above criteria for step increases apply except where other
arrangements are authorized by the Administrative Officer.
(6) In applying the above rules, the next step shall be granted, other
conditions having been met, on the first day of the payroll period within
which the anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege
of the department head and Administrative Officer to reconsider such
increase at any time during the year.
(8) Each department head 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 to an acceptable level by the end of 60 days.
Prior to the end of 60 days the department head shall again reevaluate
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the employee and, as part of that reevaluation, shall notify the
employee if the pay reduction shall then become effective. The fifth
step may be reinstated at any time upon recommendation of the
department head. If the department head deems it necessary to again
remove the fifth step during the same fiscal year, he/she may make the
change at any time with three business days written notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y"
rated, freezing his salary until such time as there is an improved job performance.
The department head shall give 60 days written notice to any employee he/she
intends to "Y" 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 a MOA 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. For example, if an employee is at step D when "frozen" his/her
salary shall not ever be less then the current step C by this action.
SECTION C Computation of Salary Range
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal
95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board % salary increase shall raise step 5 of range 1 by that %.
Step 5 of each successive salary range will be 2.63% above step 5 of the next
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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 established in
accordance with the above formula.
SECTION D Salary Provision for the Term of Agreement
1. The parties agree to a salary increase as set forth below to be effective
on the first day of the first full payroll period in the month listed, for all
employees employed by the City on the effective date of the increases
beginning January 1997.
January 1997
January 1998
3.0 %
3.5%
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OVERTIME
A. DEFINITION
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of
overtime.
All overtime shall be authorized in writing by the department head prior to
being compensated
B. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, or in time off (CTO) at the rate of one and
one-half (1 1/2) hours for each hour of overtime worked. All overtime shall
be compensated to the nearest five (5) minutes worked.
C. COMPENSATORY TIME OFF (CTO)
An employee eligible for overtime compensation may elect compensation in
the form of time off (CTO). An employee shall be compensated in CTO only
if the employee's department head approved such compensation. An
employee may not be compensated in CTO for more than sixty (60) hours of
overtime worked in the calendar year. Accumulated CTO not taken within the
calendar year, shall be compensated in cash at straight time. Such
compensation shall be paid in January of the following year.
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ARTICLE 7
LONGEVITY
Employees with hire dates after December 31, 1973. Effective January 1,
1983, no employees will become eligible for longevity pay and employees
then receiving longevity pay shall receive no increases in longevity pay based
on additional service with the City.
Employees with hire dates prior to January 1, 1973. Each employee shall be
paid an additional one percent (1 %) of his base salary step following ten years
of continuous full-time service with the City. An additional one percent (1 %)
of base salary will be added for each subsequent five-year period, calculated
to the nearest one dollar ($1.00).
In the event an employee receiving longevity pay is not performing up to the
established standards set for the job, the department head with the
concurrence of the City Administrative Officer, may suspend payment of the
longevity pay until such time as the employee's work performance comes up
to the standard level, in the opinion of the department head and with the
concurrence of the City Administrative Officer.
The department head shall notify the employee in writing that he intends to
suspend the longevity pay unless the employee's job performance improves
significantly within a 60-day period. If the employee's job performance does
not improve to the desired level by the end of 60 days, the pay reduction shall
then become effective. Longevity pay may be reinstated at any time upon
recommendation of the department head. If the department head deems it
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necessary to again remove longevity pay during the same fiscal year, he may
make the change at any time with three business days written notice.
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ARTICLE 8
STANDBY
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A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
• Be ready to respond immediately to a call for service;
• Be readily available at all hours by telephone or other agreed -upon
communication equipment; and
• Refrain from activities which might impair his/her assigned duties upon
call.
B. Employees, other than those assigned to the Water Reclamation Facility will
receive thirty dollars ($30.00) for each week day, thirty-five ($35.00) for each
weekend day, and thirty-five ($35.00) for each holiday of such assignment.
C. Operators at the Water Reclamation Facility will receive standby amounts
equivalent to those set forth above prorated for the hours actually spent on
standby duty.
D. The parties agree that employees on standby, as defined above, are "waiting
to be engaged."
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ARTICLE 9
CALLBACK
A. DEFINITION
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of
the employee's workshift or workweek; or
Except that, an early call -in of up to two (2) hours prior to the scheduled start
or a workshift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will
guarantee either four (4) hours pay in cash at straight time or pay at time and
one-half for time actually worked, whichever is greater.
If an employee who was called back and has completed his/her assignment
and left work is again called back to work, he/she will not receive another
minimum if the return is within the original minimum.
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ARTICLE 10
WORK OUT -OF -CLASSIFICATION
A. OUT -OF -CLASS ASSIGNMENT
For the purposes of this article, an out -of -class assignment is the full-time
performance of all the significant duties of an available, funded position in one
classification by an individual in a position in another classification. An
employee assigned in writing by management to work out -of -class on a
position assigned a higher pay range and is vacant pending an examination or
is vacant due to an extended sick leave, shall receive five percent (5%), but
in no case more than the fifth step of the higher class, in addition to their
regular base rate commencing on the eleventh consecutive workday on the
out -of -class assignment.
Employees assigned as project managers and thereby working out -of -
classification shall receive compensation pursuant to this section.
B. SEASONAL SUPERVISION
If, in addition to his/her regularly assigned employees, any employee
responsible for five (5) or more temporary workers for a period exceeding 10
consecutive work days shall receive additional pay of 5% commencing with
the 11th day.
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ARTICLE 11
TEMPORARY ASSIGNMENT
An appointing authority may temporarily assign an employee to a different position
for a specific period of time, after which the employee returns to his/her regular
duties and position from which he/she was regularly assigned. Such action shall
have the prior approval of the Personnel Director. An appointing authority may
assign an employee to a different position for a period of time not to exceed 90
days, provided the employee has received 24 hours written notice which includes
reasons for the assignment.
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ARTICLE 12
PAYDAY
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
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ARTICLE 13
PAYCHECKS PRIOR TO VACATION
If an employee is taking vacation leave and wishes to receive his/her regular
paycheck before payday, the employee must notify the Finance Department in
writing at least two weeks prior to the start of vacation, provided the employee has
sufficient vacation time coming to cover the pay period.
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ARTICLE 14
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement Systems's 2%
at age 60 plan to all eligible employees including the amendments permitting
conversion of unused sick leave to additional retirement credit and the 1959
survivor's benefit; and one year final compensation.
B. The City agrees to contribute seven percent (7%) of an employee's salary on
behalf of the employee to PERS. These amounts paid by the City are
employee contributions and are paid by the City to satisfy the employee's
obligation to contribute seven percent (7%) of salary to PERS. An employee
has no option to receive the contributed amounts directly instead of having
them paid by the City to PERS on behalf of the employee. It is understood
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and agreed to by the parties that the City "pick up" of the employee's PERS' �-
contribution is made in lieu of a wage increase. Therefore, in all comparisons
made with other agencies, seven percent (7%) of salaries will be added to the
total compensation provident by the City to the employees. It is further
understood and agreed to by the parties that payment of the seven percent
(7%) PERS contribution is made subject to I.R.S. approval of reporting
procedures.
C. As soon as is reasonably possible, upon conversion of the City's computer
system, the City will begin reporting the payment of the employee's
retirement contribution (EPMC) as compensation. This reporting will be done
on a cost neutral basis to the City. That is, the City will adjust salary or other
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compensation by an amount equal to the cost of reporting the EPMC as
compensation for retirement purposes.
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ARTICLE 15
INSURANCE AND REFUND
A. CONTRIBUTION
The City shall contribute the $420.00 per month for Cafeteria Plan benefits
for each regular, full time employee covered by this agreement. Less than full-
time employees shall receive a prorated share of the City's contribution.
B: INSURANCE COVERAGE
1. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program
with the "unequal contribution option" at the PERS minimum
contribution rate, currently $16.00 per month for active employees and
$1.00 per month for retirees. The City's contribution toward retirees
shall be increased by five (5%) percent per year of the City's
contribution for the active employees until such time as the
contributions for employees and retirees are equal. The City's
contribution will come out of that amount the City currently contributes
to employees as part of the City's Cafeteria Plan. The cost of the
City's participation in PERS will not require the City to expend
additional funds toward health insurance beyond what is already
provided for. In summary, this cost and any increases will be borne by
the employees.
2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required
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to participate in the PERS Health Benefit Program and may receive the
unused portion of the City's contribution (after dental and vision is
deducted) in cash, in accordance with the City's Cafeteria Plan. Those
employees will also be assessed $16.00 per month to be placed in the
Retiree Health Insurance Account. This account will be used to fund
the Retiree Health Insurance Account. This account will be used to
fund the City's contribution toward retiree premiums and the City's
costs for the Public Employee's Contingency Reserve Fund and the
Administrative Costs. However, there is no requirement that these
funds be used exclusively for this purpose nor any guarantee that they
will be sufficient to fund retiree health costs, although they will be used
for negotiated employee benefits.
3. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision
plans at the "employee only" rate. Should they elect to cover
dependents in the City's dental and vision plans, they may do so, even
if they do not have dependent coverage under the PERS Medical Plan.
LIFE INSURANCE
Employees in the General Unit shall pay for life insurance coverage of Twenty-
five Thousand Dollars ($25,000).
MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a Medical
Plan Review Committee. In addition, the Association may appoint one non-
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voting representative to provide a wider range of viewpoint for discussion.
The vote of each voting representative shall be weighted according to the I '
number of employees represented by the association.
1. DUTIES AND OBLIGATIONS OFTHE MEDICAL PLAN REVIEW COMMITTEE
a. Review and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA;
b. Submit to the City and its employee associations
recommendations on proposed changes for the City's flexible
benefits plan and the insurance plans offered under the MOA;
C. Disseminate information and educate employees aboutthe City's
flexible benefits plan and the insurance plans offered under the
MOA;
d. Participate in other related assignments requested by the
and its employee associations.
2. MISCELLANEOUS
a. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
conferring.
b. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City
and Association.
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C. If changes to the City's flexible benefits plan, or Cafeteria Plan,
are subject to meet and confer requirements, the City and the
Association agree to meet and confer in good faith.
d. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has
approved the consultation and fees in advance.
E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to
an employee's catastrophic illness. That is, the employee shall receive regular
City health payment benefit for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances
reach zero (0).
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ARTICLE 16
LONG TERM DISABILITY INSURANCE
A. COVERAGE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct
from employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time -in-service and other City benefits will only accrue when an employee is
on City -paid time.
D. COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that
take home pay will not exceed regular take home pay. Paid time is
defined as vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his/her uncashed LTD benefit check to Finance.
a. Determination of the use of paid time for coordination of benefits
shall be made by the City. Employees on disability leave shall be
required to use all accumulated paid time prior to using unpaid
time.
b. Employees who receive LTD benefits shall receive credit for a
portion of the paid leave used to cover their absence.
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To determine the credit, the amount of their LTD benefit shall be
divided by their base hourly rate multiplied by 1.4. The credit
shall be prorated if the employee has any non -paid time during
the pay period. To receive the credit, the employee
must sign his/her LTD benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1.4 x $9.67 = $13.54
$384 / $13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE
1. If an employee has no paid time at the beginning of a pay period, the
employee shall neither accrue vacation or sick leave, nor shall the
employee receive his/her regular City health payment benefit except as
provided in #3 below. To continue health insurance, the employee
must pay the entire cost of his/her health coverage for that pay period.
2. If an employee has at least sixteen hours of paid time at the beginning
of a pay period, the employee shall receive his/her regular vacation and
sick leave accruals.
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3. If an employee has any paid time at the beginning of a pay period, the
employee shall receive his/her regular City health payment benefit for' '
that pay period. For continuance of medical insurance see Insurance
and Refund, Article 15, Section E.
F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD after the required two (2) years
membership, it must present a majority petition indicating such desire.
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ARTICLE 17
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When
a holiday falls on a Sunday, the following Monday shall be observed. A holiday
shall be defined as eight (8) hours of paid time off for regular full-time employees.
Floating holiday accrual: An individual employed on a floating holiday (FH) accrual
date shall be credited with eight (8) hours of additional vacation. Use, carry-over,
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accumulation, etc. of such vacation shall be subject to the same rules ano
procedures that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1.
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ARTICLE 18
SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or
off -the -job injury, or exposure to contagious diseases as evidenced by
certification from an accepted medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line -item position shall accrue sick leave with pay
at the rate of twelve (12) days or the prorated shift equivalent per year
of continuous service.
2. Sick leave may be used after the completion of the month of service in
which it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Administrative
Officer for the uses of sick leave in their departments.
5. A department head shall require written proof of illness from an
authorized medical authority at the employee's expense for sick leave
use in excess of five (5) consecutive working days by personnel in
his/her department. Such proof may be required for periods less than
five (5) consecutive working days where there exists an indication of
sick leave abuse.
6. Any employee who is absent because of sickness or other physical
disability shall notify his/her immediate supervisor or department head
as soon as possible, but in any event during the first day of absence.
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Any employee who fails to comply with this provision, without having
a valid reason, will be placed on leave of absence without pay during
the unexcused absence and be subject to disciplinary action.
7. Any employee absent for an extended illness or other physical disability
may be required by the Personnel Director to have an examination by
the City's medical examiner, at City expense, prior to reinstatement to
the City service.
8. An appointing authority, subject to approval of the Personnel Director,
may require any employee to be medically examined where reasonable
cause exists to believe that an employee has a medical condition which
impairs his/her job effectiveness or may endanger the health, safety or
welfare of the employee, other employees, or the public. Employees
who are judged to be physically incapable of meeting norma`i
requirements of their positions may be placed in a classification of work
for which they are suitable when a vacancy exists, or may be separated
for physical disability.
9. In the event that an employee's sick leave benefits become exhausted
due to illness or exposure to contagious disease, the employee shall
revert to a status of leave of absence without pay and be subject to the
provisions of the Personnel Rules unless eligible to participate in the
City's Catastrophic Leave Policy. For continuation of medical insurance
see Insurance and Refund, Article 15, Section E.
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10. The right to benefits under the sick leave plan shall continue only during
the period that the employee is employed by the City. This plan shall
not give any employee the right to be retained in the services of the
City, or any right of claim to sickness disability benefits after separation
from the services of the City. When an employee receives
compensation underthe Worker's Compensation Act of California, such
compensation received shall be considered part of the salary to be paid
to the employee eligible for such payments as required by state law.
The amount paid by the City shall be the difference between the
amount received by the employee from the City's compensation
insurance coverage and the eligible employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall
be entitled to receive any payment or other compensation from the City
while absent from duty by reason of injuries or disability received as a
result of engaging in employment other than employment by the City
for monetary gain or other compensation other than business or activity
connected with his/her City employment.
12. Accumulation of sick leave days shall be unlimited.
13. Upon termination of employment by death or retirement, a percentage
of the dollar value of the employee's accumulated sick leave will be
paid to the employee, or the designated beneficiary or beneficiaries
according to the following schedule:
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(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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ARTICLE 19
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to
the death of a member of the employee's immediate family, meaning spouse, child, !i
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 (40 hours) for each
incident. The employee may be required to submit proof of relative's death before
being granted sick leave pay. False information concerningthe death or relationship
shall be cause for discharge.
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ARTICLE 20
FAMILY LEAVE
A. An employee may take up to two (2) days (16 hours) of sick leave per year
if required to be away from the job to personally care for a member of his/her
immediate family.
B. An employee may take up to five (5) days (40 hours) of sick leave per year if
the family member is part of the employee's household.
C. An employee may take up to seven (7) days (56 hours) of sick leave per year
if the family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined as spouse, child,
brother, sister, parent, parent -in-law, step-parent, step -brother, step -sister,
grandparent, or any other relative living in the same household.
E. The amounts shown in A, B, and C above are annual maximums, not
maximums per qualifying family member.
F. In conjunction with existing leave benefits, employees with one year of City
service who have worked at least 1280 hours in the last year, may be eligible
for up to 12 weeks of Family/Medical Leave within any 12 month period.
Family/Medical Leave can be used for:
1. A new child through birth, adoption or foster care (maternal or
paternal leave).
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2. A seriously ill child, spouse or parent who requires hospitalization
or continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the
existing four month Pregnancy -Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personnel illness, will be
subtracted from the 12 weeks allowed by the Family/Medical Leave Program.
Employees must use all available vacation, compensatory time and
administrative leave and, if appropriate, sick leave prior to receiving unpaid
Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However,
employees who receive cash back under the City's Flexible Benefit Plan will
not receive that cash during the Family/Medical Leave. Only City group health
insurance premiums will be paid by the City.
If an employee does not return to work following leave, the City may collect
from the employee, the amount paid for health insurance by the City during
the leave. There are two exceptions to this rule:
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1. The continuation of a serious health condition of the employee 1
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or a covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's
"Guide to Family/Leave Program."
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ARTICLE 21
VACATION LEAVE
A. Each incumbent of a 40 hour a week line -item position shall accrue vacation
leave with pay at the rate of 12 days (96 hours) per year of continuous
service since the benefit date for the first five years, 15 days (120 hours) per
year upon completion of five years, 18 days (144 hours) per year upon
completion of ten years, and 20 days (160 hours) upon completion of twenty
years.
B. An incumbent is not eligible to use accrued vacation leave until it has been
accrued, and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any
unused vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a
manner that neither jeopardizes their vacation balance nor the efficiency of the
work unit. Vacation schedules must be reviewed by management prior to the
scheduled vacation. Vacation schedules will be based upon the needs of the
City and then, insofar as possible, upon the wishes of the employee.
Management may not deny an employee's vacation request if such denial will
result in the loss of vacation accrual by the employee, except that,
management may approve a two -month extension of maximum vacation
accrual. In no event shall more than one such extension be granted in any
calendar year.
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E.
Any employee who is on approved vacation leave and becomes eligible for I
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have I r
such time credited as sick leave under the following conditions:
1. A physician's statement certifying that illness, injury or exposure
to contagious disease has occurred is presented to the supervisor
upon returning to work.
2. The vacation leave immediately ends and the employee reports
to work following the end of sick leave usage. (Ordinance No.
782 - 1978 Series)
F. Vacation leave shall be accrued as earned through December 31, up to a
maximum of twice the annual rate.
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ARTICLE 22
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance
with state workers' compensation law and is not eligible for disability payments
under labor code section 4850 shall be paid the difference between his/her base
salary and the amount provided by workers' compensation law during the first 90
business days of such temporary disability absence. Eligibility for workers'
compensation leave requires an open workers' compensation claim.
For continuation of medical insurance see Insurance and Refund, Article 15, Section
E.
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ARTICLE 23
WORK SCHEDULE
This article is intended to define the normal hours of work and shall not be
construed as a guarantee of hours of work per day or hours of work per week, or
of days of work per week.
Employees shall be scheduled to work on regular workshifts having regular starting
and quitting times. Except for emergencies, employees' workshifts shall not be
changed without reasonable prior written notice to the employee and the Personnel
Director. Neither callback nor overtime constitute a change in workshift. All
references to accrual of vacation, holiday or sick leave in the Agreement shall be
interpreted as one (1) day being equivalent to eight (8) hours.
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ARTICLE 24
VACATION SELL BACK
All employees in this unit are eligible, once annually in December, to request
payment for up to forty (40) hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Employees must have eighty (80) hours of accrued vacation leave to be eligible.
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ARTICLE 25
AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with
Disabilities Act. It is agreed that the City shall take all necessary actions to comply
with the provisions of this Act. If necessary, sections of this Memorandum of
Agreement and/or the City Personnel Rules may be suspended in order to achieve
compliance.
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ARTICLE 26
TRANSFER
A. TRANSFER REQUEST
Employees who want to transfer may notify the City by filing a form with the
Personnel Department. .Such form shall be developed and made available by
the Personnel Department.
B. TRANSFER PROCESS
Upon proper notice and concurrence by the City Administrative Officer, an
employee may be transferred by the appointing authority from one position to
another in the same pay range provided he/she possesses the minimum
qualifications as determined by the Personnel Director.
If the transfer involves a change from one department to another, both department
heads must consent thereto unless the City Administrative Officer orders the
transfer for purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
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ARTICLE 27
LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo
shall determine when and in what classifications layoffs are to occur. The
Personnel Director shall be responsible for the implementation of a layoff order of
the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be
laid off, the order of layoffs shall be as follows:
1. Temporary and contract employees, in the order to be determined
by the appointing authority;
2. Probationary employees (promotional probation excluded), in the
order to be determined by the appointing authority;
For regular employees, layoffs shall be governed by job performance
and seniority in service within a particular department and job
classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
Category 1:
Performance that is unsatisfactory, below standard, needs
improvement, unacceptable or does not meet minimum
standards.
Performance defined by this category is evidenced by the 1
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employee's two most recent performance evaluations with an
overall rating that falls within the lowest two categories of the
performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations,
meets performance standards, exceeds performance standards
and expectations or is outstanding.
Performance defined by this category is evidenced by an
employee's two most recent performance evaluations with an
overall rating that falls within the top two or three performance
categories of the performance appraisal.
A regular employee being laid off shall be that employee with the
lease seniority in the particular job classification concerned and
in the department involved who is in the lowest job performance
category. Employees in Category 1 with the lowest seniority will
be laid off first, followed by employees in Category 2. Should
the two performance evaluations contain overall ratings that are
in the two different Categories as defined above, the third most
recent evaluation overall rating shall be used to determine which
performance category the City shall use in determining order of
layoffs.
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a. In the event two or more employees in the same job
classification are in the same job performance category,
the employee with the least amount of service with the
City shall be laid off first.
b. Transfer to another department in lieu of layoff is
authorized upon approval of the department heads, if
there is a vacancy and the employee meets the minimum
job requirements.
C. Regular part time employees shall receive prorated
seniority credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed
on the appropriate Reemployment List for one year. The recall
employees will be in reverse order of layoff, depending upon City
requirements.
Reemployment lists shall be used for filling those classes
requiring substantially the same minimum qualifications, duties
and responsibilities of the class from which the layoff was made.
C. Appointment of Laid -Off Employees to Vacant Class.
An appointing authority may, with the approval of the
department head and the Personnel Director and in agreement
with the employee, appoint an employee who is to be laid off to
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a vacancy in a classification for which he or she is qualified.
D. Employee reassignments (bumping procedure):
1. Employees who have been promoted during their service
with the City may bump back one classification in their
career series, or to a position within a classification they
formerly held, if there is an employee in the lower
previously held classification with less seniority than the
employee who wants to bump. Seniority for the purpose
of this section shall mean time in the position in the lower
classification plus time in other classifications. For
example, (1) an employee attempting to bump to
Accounting Assistant II from Accounting Assistant III
would utilize their combined time as a II and III in
determining whether or not they had more seniority than
an individual in the II classification. (2) An employee
attempting to bump to a Parks Worker II from a Street
Painter position, would utilize their combined time in each
respective position to determine seniority.
2. Reassignment rights may be exercised only once in
connection with any one layoff, and shall be exercised
within seven (7) calendar days from the date of the notice
of the layoff, by written notice from the employee.
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3. The bumping right shall be considered exercised by the
displacement of another employee with lessertotal service
or by the acceptance of a vacant position in a
classification with the same or lower salary.
4. Full time and part time regular employees shall have
bumping rights for either full time regular or part time
regular positions.
5. Notwithstanding the foregoing, if the City Administrative
Officer determines that the public interest will not be
served by application of the above criteria, the City
Administrative Officer may depart therefrom on the basis
of a clearly demonstrable superiority in performance
and/or qualifications.
6. Employees on layoff shall be offered reemployment in the
inverse order of layoff, provided no intervening factors
have occurred, which essentially change the ability of the
employee to perform the offered employment.
E. Employment programs with special requirements will be administered
in accordance with appropriate Federal or State guidelines and
directives.
F. The City
will
notify
the Association
of the effective
date of any
reduction
in
force
concurrent with
the notice to
the affected
employee(s) pursuant to G, below.
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G. Notice of Layoff to Employees.
An employee to be laid -off shall be notified in writing of the impending
action at least thirty (30) calendar days in advance of the effective date
of the lay-off. The notice shall include the following information:
1. Reason for lay-off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names From Reemployment Lists.
The Personnel Director may remove an employee's name from a
reinstatement list if any of the following occur:
1. The individual indicates that he/she will be unable to return
to employment with the City during the life of the list; or
2. The individual cannot be reached after reasonable efforts
have been made to do so. The City shall utilize certified mail
when contacting individuals; or
3. The individual refuses two reemployment offers. Individuals
shall have ten (10) days to respond to the offer of
reemployment and an additional fourteen (14) days to return
to work.
K. Employee Rights And Responsibilities.
In addition to rights identified herein, employees affected by these
procedures shall also have the following rights:
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Through prior arrangement with his/her immediate supervisor
an employee who has been notified of his/her impending
layoff shall be granted reasonable time off without loss of
pay to participate in a prescheduled interview or test for
other employment.
2. An employee who has been laid off shall be paid in full for
his/her unused accrued vacation leave on the effective date
of the layoff.
3. When an individual is reemployed he/she shall be entitled to:
a. Retain his/her seniority date.
b. Accrue vacation leave at the same rate at which it
was accrued at the time of the layoff.
C. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he/she
was laid off shall be assigned to the same salary range and step he/she
held at the time of the layoff. An individual reemployed into a job
classification other than the classification from which he/she was laid
off shall be assigned to the salary range of the new classification at the
amount closest to the salary he/she earned at the time of the layoff.
An individual reemployed into the classification from which he/she was
laid off while still a probationary employee shall complete, upon return
to the job, the remaining portion of his/her probationary period, if any,
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in effect at the time of the layoff. Similarly, an individual who is
reemployed shall complete, upon return to the job, the same work time
he/she would have had to work at the time of the layoff to attain a
higher vacation leave accrual rate or to become eligible for a salary step
increase, if such changes are possible.
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ARTICLE 28
LIGHT DUTY ASSIGNMENT i "f
If an employee's medical condition temporarily precludes the performance of his/her
normal duties and management determines modified work is available and
necessary to be performed,
he or she
may,
with medical
authorization,
be
temporarily assigned to such
work for a
period
not to exceed
six months.
No
change in base pay will result unless the duties to be performed are substantially
greater or lesser than those normally performed by the employee and the
employee's current pay rate is not within the pay range for the temporarily assigned
work. In no event shall and employee's current pay rate be reduced more than four
(4) ranges at the same step.
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ARTICLE 29
CLASS "A & B" PHYSICALS
The city will pay for costs for physical exams not covered by city insurance policies
required for those employees required by the City to hold valid Class "A or B"
California drivers licenses.
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ARTICLE 30
UNIFORM AND UNIFORM ALLOWANCE
A. The secretaries and clerk typists in the Police Department shall receive a one
hundred and twenty-five dollar ($125.00) uniform allowance quarterly.
B. This allowance shall not be paid for any employee who is off duty for more
than three pay periods. If the employee returns to work during that quarter,
his/her uniform allowance will be prorated.
C. All other employees required to wear City uniforms shall be provided clean
uniforms. A uniform includes either one shirt and pants combination or one
pair of coveralls.
D. Uniforms and work shoes shall only be used on City business
E. Employees required to wear City uniforms shall only be permitted to wear
other clothing for medical reasons upon submission of a letter from the city
doctor certifying that the city uniform is injurious to their health. Decisions
regarding this paragraph shall be made by the Personnel Director on a
case -by -case basis.
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ARTICLE 31
SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the
basis that each designated safety member shall be compensated at the rate of
$10.00 per month. The description of the duties of a safety committee member
shall be designed by the Personnel Director or his/her designee. The intent of the
safety representatives is to assist the Personnel Director and the overall safety
program in reducing accidents by reporting hazardous conditions.
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ARTICLE 32
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer -employee relations including but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to join or participate in the
activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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ARTICLE 33
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication
of the employer -employee resolution, the personnel rules and regulations, any
Memorandum of Agreement, excluding disciplinary matters, or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative
to accompany him/her at each step of the process. If the matter can
be resolved at that level to the satisfaction of the employee, the
grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to
the department head for consideration, stating the facts on which it
was based, including the provision of the rules, regulations, or
agreement said to be violated, and the proposed remedy. This action
must take place within fifteen (15) business days of the response of
the supervisor's immediate superior but in no event later than thirty
(30) calendar days after the occurrence of the event giving rise to the
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D.
grievance. The department head shall promptly consider the grievance
and render a decision in writing within fifteen (15) business days of '
receiving the written grievance. If the employee accepts the
department head's decision, the grievance shall be considered
terminated.
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 seven (7) business days of receiving the
department heads'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.
The results of findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen
(15) business days of receiving the employee's written request. The
City Administrative Officer will meet with the employee if the employee
so desires before rendering a decision with respect to the complaint.
The City Administrative Officer's decision and reason if denied shall be
in writing and given the employee within twenty (20) business days of
receiving the Personnel Director's results and findings. Such decision
shall be final unless employee desires the Personnel Board to review the
decision. If such is the case, the employee will have ten (10) business
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days following receipt of the City Administrative Officer's decision to
submit a written request to the Personnel Board through the Personnel
Director for a review of the decision. The Personnel Board within thirty
(30) business days shall review the record and either (1) issue an
advisory opinion to the City Administrative Officer; or (2) conduct a
hearing on the matter. If a hearing is held, an advisory opinion shall be
rendered by the Board within ten (10) business days of the close of
such hearing. If an opinion signed by at least three (3) members of the
Personnel Board recommends overruling or modifying the City
Administrative Officer's decision, the City Administrative Officer shall
comply or appeal this recommendation to the City Council. Such
appeal shall be filed with the City Clerk within three (3) business days
of the Board's action. If appealed, the City Council shall review the
case on the record and render a final decision within thirty (30)
business days of submittal.
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ARTICLE 34
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization, one employee
observer, and the Association President to meet and confer with the Municipal
Employee Relations Officer and other management officials (after written
certification of such selection is provided by an authorized official of the
organization) on subjects within the scope of representation during regular duty or
work hours without loss of compensation or other benefits.
The employee organization shall, whenever practicable, submit the name(s) of each
employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department head
or other authorized City management official. If employee
representatives cannot be released, date of meeting will be rescheduled
in accordance with item 2 below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing provided
herein, however, shall limit or restrict City management from scheduling
such meetings before or after regular duty or work hours.
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ARTICLE 35
COMMITTEE REPRESENTATION
A. If the Director of Personnel establishes a committee to study possible changes
which will affect significant numbers of employees in the unit, in subjects
within the scope of representation, and if the Personnel Director includes unit
members on the committee, such committee members shall be designated by
the Personnel Director after consultation with the Association.
This unit shall have the same number of committee members as each other
unit has.
B. Two representatives of the bargaining unit designated by the Association and
two representatives of management designated by the City shall meet on an
as -needed basis to discuss issues of concern to the parties.
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ARTICLE 36
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the
Association on a bi-weekly basis for the duration of this Agreement, these dues
shall not include assessments. Bi-weekly dues deduction additions and/or deletions
shall be recorded by the City's Finance Director and a notification of all dues
transactions shall be sent bi-weekly to the Association Treasurer.
The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions. The
Association shall refund to the City any amount paid to it in error upon presentation
of supporting evidence.
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ARTICLE 37
COPIES OF AGREEMENT
Parties agree City shall provide thirty (30) copies of the Agreement to the
Association. Association shall pay 1 /2 City's actual cost. Parties shall consult
concerning size and format of printed agreement and concerning who does the
printing of the agreement.
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MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissions and boards; set
standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve
its employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of governmental operations; determine the methods, means
and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and
the technology of performing its work.
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ARTICLE 39
PEACEFUL PERFORMANCE
If an employee participates in a strike or a concerted work stoppage, the City may
apply discipline up to and including discharge. However, 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 interference with or limitation of the peaceful
performance of City services prohibited by this article, the City, in
addition to any other lawful remedies of 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 organizations participating in such actions.
C. Employees shall not be locked out or prevented by management
officials from performing their assigned duties when such employees
are willing and able to perform such duties in the customary manner
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and at a reasonable level of efficiency, provided there is work to
perform.
Any decision made under the provisions of the Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk,
accompanied by a complete statement setting forth all of the facts upon which the
appeal is based. Such Notice of Appeal must be filed within ten (10) working days
after the affected employee organization first received notice of the decision upon
which the complaint is based, or it will be considered closed and not subject to any
other appeal.
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ARTICLE 41
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association. The Agreement
supersedes all previous Memoranda of Understanding or Memoranda of Agreement
between the City and the Association except as specifically referred to in this
Agreement. 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.
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ARTICLE 41
i
SAVINGS CLAUSE I"
If any provision of this Agreement should be held invalid by operation of law or by
any court of competent jurisdiction, or if compliance with or enforcement of any
provision should be restrained by any tribunal, the remainder of this Agreement
shall not be affected thereby, and the parties shall enter into a meet and confer
session for the sole purpose of arriving at a mutually satisfactory replacement for
such provision within a thirty (30) day work period. If no agreement has been
reached, the parties agree to invoke the provision of impasse under Section 13 of
City Resolution No. 6620.
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ARTICLE 42
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President
(address: 990 Palm Street, San Luis Obispo, California 93401: (805)
781-7047).
B. Management's principal authorized agent shall be the Personnel Director
or his/her duly authorized representative (address: 990 Palm Street,
San Luis Obispo, CA 93401; telephone: (805) 781-7250).
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ARTICLE 43
,SIGNATURES
Classifications covered by this Agreement and included within this unit are shown
in Appendix "A".
This Agreement becomes effective January 1, 1997 as witnessed hereto by the
following parties:
CITY OF SAN LUIS OBISPO
William Avery, City Consultant
Ann Slate, Personnel Director
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
Paul Bechely, SLOCEA Consultant
\j
'rim Girvin, President
Other City Negotiating Team Members: Other SLOCEA Negotiatina Team Members I
Wendy George
Diane Stuart
Laurie Hanson
Mike Bertaccini
rye]
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APPENDIX A
CLASSIFICATIONS
The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families
nor functional groupings as shown in previous MOA's.
Accounting Assistant II
Accounting Assistant III
Administrative Assistant
Administrative Secretary
Assistant City Clerk
Assistant Planner
Associate Planner
Building Inspector
Building Maintenance Technician
Building Permit Coordinator
Civil Engineer
Computer Systems Technician I
Council Secretary
Engineering Assistant
Engineering Technician
Engineering/Transportation Technician
Field Engineering Assistant
Fire Inspector
Fire Plan Check Inspector
Heavy Equipment Operator I
Heavy Equipment Operator II
Heavy Equipment Mechanic
Industrial Waste Inspector
Janitor I
Janitor II
Lead Parking Attendant
Maintenance Worker I
Maintenance Worker II - Buildings
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker II - Water Reclamation
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Office Assistant I
Office Assistant II
Parking Enforcement Officer
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Parking Meter Repair Worker
Parks Maintenance Technician
Police Records Clerk I
Police Records Clerk II
Pool Maintenance Technician
Public Works Inspector
Radio Systems Technician
Recreation Coordinator I
Recreation Coordinator 11
Secretary I
Secretary 11
Signal Maintenance Electrician
Senior Administrative Secretary
Street Painter
Telemetry & Instrument Technician
Traffic Engineer
Tree Trimmer 1
Tree Trimmer II
Utilities Conservation Technician
Utility Worker II
Utility Worker III
Water Reclamation Lab Analyst I
Water Reclamation Facility Operator Trainee
Water Reclamation Facility Operator I
Water Reclamation Facility Operator 11
Water Reclamation Facility Operator III
Water Reclamation Maintenance Technician I
Water Reclamation Maintenance Technician II
Water Service Worker 11
Water Service Worker III
Water Supply Operator II
Water Supply Operator III
Water Treatment Plant Operator Trainee
Water Treatment Plant Operator I
Water Treatment Plant Operator 11
Water Treatment Plant Operator III
Water Treatment Plant Operator III - Supervising
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RESOLUTION NO. 8621 (1997 Series)
A POLICY FOR THE NAMING OF PARKS AND RECREATION FACILITIES
WHEREAS, it is appropriate that parks and recreation facilities, and portions of
those facilities, be named in honor of citizens of the City of San Luis Obispo, and
WHEREAS, such naming should be made for persons or groups who have made
significant contributions to the City, and
WHEREAS, naming can also be made for other appropriate reasons, and
WHEREAS, such naming nominations shall be reviewed by the Parks and
Recreation Commission and forwarded to the City Council for approval.
NOW, THEREFORE, be it-resolved that the City Council of the City of San Luis
Obispo does adopt this policy concerning the naming of park and recreation facilities,
with the following provisions:
1. Naming of facilities may be made for individuals or groups who have made
significant contributions or service to the City of San Luis Obispo and its citizens.
2. Naming may commemorate significant financial contributions to a specific
project.
3. Naming is also appropriate for significant natural or historic resources associated
With a particular location.
4. Naming need not be posthumous.
5. Those wishing to make nominations ,shall submit a letter to the Parks and
Recreation Commission detailing why the naming should be considered.
6. Those nominations judged to be worthy of consideration shall be forwarded to the
City Council for approval.
ATTAUMNT 1
R -8621
Resolution No. 8621 (1997 Series)
Page Two
7. While the policy primarily deals with new park sites, the renaming of existing
facilities or unnamed portions of facilities is not precluded. When such a request
is received; the current site name will be researched to see that the request is not
contrary to a previous naming. Such naming changes are seen as being
appropriate for parks with generic names.
8. Any expenses associated with a facility naming are not necessarily the
responsibility of the City.
On motion of Vice.' Flavor- Roalman , seconded by couilcil pjnbex Sri; _h
and on the following roll call vote:
AYES: Council ltnbers Roahian, S ]ith, Romero, ;gilliams and P•7ayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21st day of Jan„ yr , 1997.
Mayor Allen Settle
ATTEST:
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RESOLUTION NO. 8 6 2 0 (1997 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO COUNCIL
ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND
ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR ANNEXATION #44
(PORTION OF SUBURBAN ROAD FRONTING THE TK ANNEXATION)
BE IT RESOLVED by the Council of the City of San Luis Obispo, that:
WHEREAS, in the case of a jurisdictional change which will alter the service
area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires
that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax
increment to be exchanged among the affected local agencies shall be determined by
negotiation; and
WHEREAS, when a city is involved,. the negotiations are conducted between
the City Council and the Board of Supervisors of the County; and
WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree
to accept the negotiated exchange or property tax revenues, if any, and annual tax increment
and requires that each local agency transmit a copy of each such resolution to the Executive
Officer of the Local Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder; the Executive Officer shall notify
the County Auditor of the exchange of property tax revenues by transmitting a copy of said
resolution to him and the County Auditor shall therefore make the appropriate adjustments as
required by and
P —pr,')n
Annx #44 - Tax Transfer
Page 2
WHEREAS, the negotiations have taken place concerning the transfer of
property tax revenues and annual tax increment between the County of San Luis Obispo and
the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated
as Annexation No.44 to the City of San Luis Obispo; and
WHEREAS, the negotiating parties, to wit: Paul Hood, Principal
Administrative Analyst, County of San Luis Obispo, and Ken Hampian, Assistant City
Administrative Officer, have negotiated the exchange of property tax revenue and annual tax
increment between such entities as hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of property
tax revenues and annual tax increment be consummated.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo, as follows:
1. That the recitals set forth above are true, correct, and valid.
2. That the City of San Luis Obispo agrees to accept the following
negotiated exchange of property tax revenues and annual tax increment:
(a) No base property tax revenue shall be transferred from the
County of San Luis Obispo to the City of San Luis Obispo.
(b) No annual tax increment shall be transferred from the County of
San Luis Obispo to the City of San Luis Obispo in the fiscal year 1997 -98 and each fiscal year
thereafter.
3. Upon receipt of a certified copy of this resolution and a copy of the
recorded certificate of completion, the County Auditor shall make the appropriate adjustments
Annx #44 Tax Transfer
Page 3
to property tax revenues and annual tax increments as set forth above.
4. That the City Clerk is authorized and directed to transmit a certified
copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency
Formation Commission, who shall then distribute copies in the manner prescribed by law.
On motion of Council Mm-ber Williams , seconded by Vice mavor
RoaLmn , and on the following roll call vote:
AYES: Council 2tembers Williams, Pca]man, Romero, Smith and I ayor Settle.
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 212t day of January , 1997.
Mayor Allen Settle
ATTEST:
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NORTH --T VICINITY MAP ANNX 17 -96
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RESOLUTION NO. 8619 (1997 Series)
A RESOLUTION O_ F THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A WAIVER OF FEES.
(A 116 -96)
WHEREAS, the Administrative Hearing Officer conducted a public hearing on October
18, 1996, and approved Administrative Use Permit A 116 -96 with conditions; and
WHEREAS, Aland Reynolds, applicant, and Brett Cross filed appeals of that action; and.
WHEREAS, the Planning Commission conducted a public hearing on November 13,
1996 and denied the two appeals, thereby, upholding the Administrative Hearing Officer's action;
and
WHEREAS, the applicant filed an appeal of that action; and
WHEREAS, the applicant requested a waiver of application fees for this project; and
WHEREAS, the City Council conducted a public hearing on January 7, 1997 and has
considered testimony'of interested parties, the records of the Administrative Hearing and action,
the records of the Planning Commission hearing and "action, and the evaluation and
recommendation of staff, and
WHEREAS, the City Council has determined that the project is categorically exempt under
Section 15305, Class 5, of the California Environmental Quality Act, because it is a side yard and
driveway width reduction, not resulting in the creation of any new parcel;
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Fee waiver approval.. The request for a waiver of fees for use
permit application A 1.16 -96 is hereby approved.
On motion of Councilmember Roalman seconded by — Councilrimeniber_Romero,
and on the following roll call vote:
AYES: Councilmembers Roalman; Romero, Williams, and Mayor Settle
NOES: Councilmember Smith
ABSENT: None
the foregoing resolution was adopted this seventh day of _January . 1997.
R -6619
Resolution no. 8619 (1997 Series)
A 116 -96 fee waiver
1939 Huasna Drive
ATTEST:
(/ ♦JI i. %
APPROVED AS TO FORM:
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RESOLUTION NO. 8618 (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING EXEMPTION FROM THE CONGESTION MANAGEMENT PROGRAM
WHEREAS, AB 2419 (Bowler) amends existing statutes to not require the incorporation of
the congestion management program (CMP) into the regional transportation improvement program in
those counties that do not elect to prepare and maintain a congestion management program; and
WHEREAS, AB 2419 deletes the trip reduction element requirement for the CMP; and
WHEREAS, AB 2419 makes the requirements inapplicable in a county in which a majority of
the cities, with a majority of the population within incorporated areas, and the County Board of
Supervisors adopt resolutions electing to be exempt from the congestion management program; and
WHEREAS, the Ten Year Capital Improvement Program (CIP) required under the CMP
largely duplicates the other capital improvement programs that are prepared such as the State
Transportation Improvement Program (STEP), the Federal Transportation Improvement Program, the
Capital Improvement Programs (CIP) in the Regional Transportation Plan (RTP), and the CIP's in
Transit Plans; and
WHEREAS, the CMP law requires annual compilation and reporting of all land use and
development activity and the conformity process required the Congestion Management Agency to
determine member agency compliance with congestion management efforts and may require remedial
measures and possible withholding of funds; and
WHEREAS, the level -of- service performance standards can be handled in. a manner that gives
greater flexibility to local ag
and encies through the regional transportation planning programming process;
WHEREAS, evaluation of all major state highway and regional routes of significance in
ongoing monitoring programs and integration of the findings and recommendations into the RTP
update process can be used to address concerns; and
WHEREAS, local agencies can continue efforts to facilitate reductions in traffic congestion
and develop integrated transportation systems and should continue to include congestion mitigation
concepts in their land use and circulation elements and ordinances.
R -8618
r
Resolution No. 8618'=` '
Page Two
NOW THEREFORE BE TT RESOLVED AND ORDERED THAT, the City of San Luis Obispo
hereby elects to be exempt from the congestion management program; and
BE IT FURTHER RESOLVED AND ORDRED THAT, the City of San Luis Obispo will
cooperate and work closely with efforts to reduce congestion within the region..
On motion by Council Member Smith seconded by Council Member Romero
and on the following roll call vote, to wit:
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
ABSTAIN:
the foregoing resolution is hereby adopted on this
G:\pworks\ab2419.res
7th dry of January 1997.
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RESOLUTION NO. 86,171 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING CONMUSSION'S ACTION,
THEREBY UPHOLDING THE ACTION OF THE ADMINISTRATIVE HEARING_
OFFICER. APPROVING A YARD REDUCTION AND A DRIVEWAY WIDTH
REDUCTION WITH CONDITIONS.
(A 116 -96)
WHEREAS, the Administrative Hearing Officer conducted a public hearing on October
8, 1996 and approved Administrative Use Permit A 116 -96 with conditions; and
WHEREAS, Alana Reynolds, applicant, and Brett Cross filed appeals of that action; and
WHEREAS, the Planning Commission conducted a public hearing on November 13,
1996 and denied the two appeals, thereby upholding the Administrative Hearing Officer's action;
and
WHEREAS, the applicant filed an appeal of that action; and
WHEREAS, the City Council conducted a public hearing on January '7, 1997 and has
considered testimony of interested parties, the records of the Administrative Hearing and action,
the records of the Planning Commission hearing and action, and the evaluation and
recommendation of staff; and
WHEREAS, the City Council has determined that the project is categorically exempt under
Section 15305, Class 5, of the California Environmental Quality Act, because it is a side yard and
driveway width reduction, not resulting in the creation of any new parcel;
BE IT RESOLVED, by the Council of the City of'San Luis Obispo as follows:
SECTION 1. Finding s. That this Council, after consideration of the Administrative Use
Permit application. 'A 116 -96, and the Administrative Hearing Officer's action and the Planning
Commission's action, the appellants' statements, staff recommendations, public testimony, and reports
thereof makes the following finding:
1. The proposed project, as conditioned, is consistent with the General Plan, the Zoning
Regulations, and other applicable City ordinances, and is compatible with the surrounding
neighborhood.
SECTION 2. Appeal denial. The request for approval of an appeal of the
Planning Commission's action approving the use permit with two conditions is hereby denied,
and therefore the Planning Commission's action is upheld
R -8611
Resolution no. 8617 (1997 Series)
A 116-96 appeal
1939 Huasna Drive
Page 2
On motion of Councilmember Roalmgh seconded by Couricilmembe• Smith,
and on the following roll call vote:
AYES: Councilmembers Roalman, Smith; Williams, and Mayor Settle
NOES: Councilmember Romero
ABSENT: None
the foregoing resolution was adopted this seventh day of January 1997.
ATTEST-
Mayor Allen
"Clerk wf.7
APPROVED AS TO FORM:
107"en
C)
RESOLUTION NO. 8.616 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR A RESIDENTIAL
AND COMMERCIAL SUBDIVISION ON EL CAPITAN WAY,
EAST OF BROAD STREET, CREATING 16 LOTS FROM TWO.
(Tract 138 -96; County file no. Tr 2248)
WHEREAS, the Planning commission, conducted a public hearings on December 11,
1996 and recommended approval of Tentative Tract Map 138 -96; and
WHEREAS, the City Council conducted a public hearing on January 7, 1997 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action; and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Edna -Islay Specific Plan, the Zoning Regulations, Planned. Development 46-96
and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with 'mitigation as prepared by staff and reviewed by the Planning
Commission;
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential, significant environmental impacts of the proposed
project, and reflects the independent judgment of the City council. The Council hereby adopts the
said Negative Declaration and incorporates the following mitigation measures into the project:
1. Access to the future bicycle- pedestrian path from El Capitan shall be a minimum of fifteen
feet wide, to accommodate a sufficiently -wide pathway for both bicycles and pedestrians.
2. Noise reduction techniques shall be incorporated into the subdivision design to reduce
noise exposure to the two residences closest to Highway 227 to below 60 Ldh. Techniques used
shall be consistent with recommendations in the Noise Element and Noise Guidelines.
SECTION 2. Findings. That this Council, after consideration of Tentative Tract Map
138 -96, and the Planning. Commission's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following findings:
The design of the tentative map and proposed improvements are consistent with the
general plan and with the Edna -Islay Specific Plan.
2. The site is physically suited for the type and density of development allowed in the C -S -S-
SP and R- 2 -PD -SP zones.
The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
V -S2Fl r
Resolution no. 8616 (1997 Series)
Tract 138 -96 (County file no. TR 2248)
850 El Capitan
Page 2
4. 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.
SECTION 3. The tentative map for Tract 138 -96 (County File no. Tract 2248) is
approved subject to the following conditions and code requirements:
Conditions:
1. All development shall be consistent with the Edna -Islay Specific Plan.
Public Right -of -Way
2. Street improvements shall consist of llm [�36 ft] pavement (curb to curb), complete
frontage improvements along the northerly side of the roadway (1.8m [�6 ft] wide
sidewalk with integral curb & gutter), and a temporary asphaltic concrete berm along the
southerly curb, trarisitiomng to accommodate existing curb & gutter, to the satisfaction of
the Director of Public Works.
3. Vehicular access rights along Broad Street,_ except at the driveway locations shown on
the tentative map, shall beAedimted to the City.
4. The subdivider shall dedicate a 1.8m [�6 ft] wide public utility easement and 3m [�-10 R]
wide street tree easement along all public street frontages; to the satisfaction of the
Director of Public Works.
5. Phasing of construction of the new street shall provide for the ultimate structural street
section and pavement life (per the City's Pavement Management Plan) at the end of the
project, to the satisfaction of the. Director of-Public Works.
6. The subdivider shall install street lighting per City standards, including off -site street
lighting along roadway's leading to and from the proposed development, as determined by
the City Engineer - -.
Water, Sewer & Utilities
7. Existing water wells may remain in use to serve only the lot on which the well is located.
Upon development, water well use shall comply with the City regulations and policies in
effect at that time. All applicable water and sewer impact fees must be paid for all
structures connecting to the City's water system.
8. All existing structures currently served by private sewage septic systems may continue to
utilize the systems until the system fails, the property is redeveloped or the property owner
desires to connect the City's sewer system. Applicable sewer impact fees will be required
to be paid at that time.
9. The proposed sewer serving this development is tributary to the Tank Farm/Rockview Lift
Resolution no. 8616 (1997 Series)
Tract 138 -96 (County file no. TR 2248)
850 El Capitan
Page 3
Station system; lift station fees will be charged accordingly. The lift station system is at
capacity and some improvement to the system will be necessary to accommodate this
development and/or a contribution to the improvements to the satisfaction of the Utilities
Director. Any work done on the system or contributions will be credited against the lift
station fees, as determined by the City Utilities Engineer.
10. Final grades and alignments of all public water, public sewer and storm drains (including
service laterals and meters) shall be subject to modifications to the satisfaction of the
Director of Public Works and Utilities Engineer.
11. The overhead utilities serving the existing structures within the tract boundaries shall be
removed and replaced with new underground service, to the satisfaction of the Director of
Public Works and utility companies.
Grading & Drainage
12. A detailed hydrology study indicating the effects of the proposed development on adjacent
and downstream properties will be required. The scope of the study must include analysis
of all existing public and private drainage facilities and creek capacities between this
property and an adequate point of disposal and shall make recommendations for
appropriate improvements that will reduce flooding. The development. must be designed
so-as-not-to increase flooding downstream; detention facilities will be required. All
proposed detention basin and drainage improvements, except those within a public street,
shall be privately owned and maintained by the owner of Lot 16.
If the study identifies on -site areas subject to 100 -yr storm flooding, the developer shall
process and complete a Federal Emergency Management .Agency Letter of Map
Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of
any development. Any lots or building pads, identified in the hydrology study to be
subject to flooding during a 100 -yr storm shall be graded to provide minimum pad
elevations of at least 1 foot above the 100 -yr storm elevation. All areas subject to
flooding shall be documented.
13. The subdivider shall be responsible for performing any necessary clearing of existing creek
and drainage channels, tree pruning or removals and any necessary erosion repairs within
lot 15, to the satisfaction of the Director of Public Works, Army Corps of. Engineers and the
Dept. of Fish & Game.
14. All lots shall be graded to preclude cross -lot drainage, or appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Director of Public Works.
Traffic
15. Traffic impact fees.shall be paid prior to the issuance of building permits.
Resolution no. 8616 (1997 Series)
Tract 138 -96 (County file no. TR 2248)
850 El Capitan
Page 4
Trees
16. Street trees shall be planted on each lot at the time of development of each lot, per City
Standards and to the satisfaction of the City Arborist.
17. Some trees may require safety pruning by a certified aborist to the satisfaction of the City
Arborist.
Mapping and Miscellaneous Requirements
18. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and
a tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate_ system. A 3,5" diameter
computer floppy disk, containing the appropriate data compatible with AutoCAD (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
19. A copy of all public improvement plans (record drawings) shall be submitted on 3.5"
diameter computer diskettes in a format compatible with the City's CAD system and shall
comply with the City's computer aided drafting standards (including but not limn ited to
layering, symbols, line weights and colors, stationing, scale, etc.).
20. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final
map where necessary (e.g. all record data shall be entered on the map_ in the record units,
metric translations should be in parenthesis), to the approval of the City Engineer.
Noise
21. Noise mitigation techniques shall be incorporated into the subdivision design to reduce noise .
exposure to the two residences closest to Highway 227, to below 60 Ldn. Techniques used
shall be consistent with policies,in the Noise Element (Section 8.2).
Open space
22. The subdivider shall request annexation of the residential lots to the Santa Lucia Hills
Homeowners' Association (HOA) prior to the 1997 annual meeting, and make a reasonable
effort to obtain approval of such annexation. If such annexation is not successful, then Lot
15 shall be dedicated to the City of San Luis Obispo as public open space.
23. A 15' -wide minimum easement shall be provided, and an eight- foot -wide pathway
constructed from the street through parcel 15, to connect to the railroad right =of- -way,
adjacent to the east. Location of easement and pathway shall avoid removal of trees as
much as possible, and shall be to the approval of the Public Works and Community
Development Departments.
Resolution no., 8616 _(1997 Series) .
Tract 138-96 (County file no. TR 2248)
850 El Capitan
Page 5
Screening
24. A minimum ten=foot -wide landscape screen; including a six- foot -high fence, shall be
installed at the rear of lots adjacent to the State Farm site to the north, and to the proposed
commercial site- adjacent to Broad Street, to minimize effects of noise and glare from the
parking lots.
Existing building
25. The existing building (shown on lot 2 of the subdivision) must be set back from new
property lines to meet Building and Zoning regulations.
Code Requirements
A. Traffic impact fees are required to be paid prior to the issuance of building permits.
B. Water & Wastewater fees are required to be paid prior to the issuance of a building permit
for construction on any lot.
On motion of Council Ismber Williams, seconded by council ma-ber Romero
and on the following roll call vote:
AYES: Council. A7ernbers Williams, RcitP=, Srath and Mayor gettle
NOES: Vice Mayor Roalman
ABSENT: idone
the foregoing resolution was adopted this seventh day of January 1 997 and shall become effective
upon the date of final approval of Annexation no. 45 by the Local Agency Formation Commission
(LAFCo).
ATTEST:
ww �j
Resolution no. 8616 (1997 Series)
Tract 138 -96 (County file no. TR 2248)
850 El Capitan
Page 6
APPROVED AS TO FORM:
Aktom Jeffry Jo gensen
vt
t I
RESOLUTION NO. 8615 (1997 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE BOUNDARY CHANGE TO THE CITY LIMITS,
THEREBY APPROVING ANNEXATION NO. 45
AT 850 EL CAPITAN (EL CAPITAN ANNEXATION)
(Annex 46-96)
WHEREAS, the City Council conducted a public hearing on January 7, 1997 and has
considered testimony of interested parties and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed annexation is consistent with the
General Plan, the Edna -Islay Specific Plan, the Zoning Regulations, Planned Development 46 -96
and other applicable City ordinances; and
WHEREAS, the City Council has previously adopted the Negative Declaration of environmental
impact with mitigation as prepared by staff and reviewed and accepted as adequate by the Local
Agency Formation Commission.
BE IT RESOLVED, by the Council of the City of San Luis Obispo, that the boundary
change accepting the El Capitan Annexation as described on the attached Exhibit A is hereby
approved.
On motion of Council Member Willi
and on the following roll call vote:
seconded by Council Member Smith
AYES: Council Members Williams, Smith, Romero and Mayor Settle
NOES: Vice Mayor Roalman
ABSENT: None
the foregoing resolution was adopted this 7th day of, January 1997
and shall become effective upon.the date of recordation of final documents with the County Recorder
by the Local Agency Formation Commission office.
ATTEST:
�' ... 7
R -8615
J
Resolution no. 8615 (1997 Series)
Tract .138 -96 (County file no. TR 2248)
850 El Capitan
Page 2
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RESOLUTION NO. 3614-= (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP
FROM GENERAL RETAIL TO OFFICE,
AND DENYING A REQUEST TO AMEND THE ZONING MAP
FROM OFFICE WITH THE PLANNED DEVELOPMENT OVERLAY ZONING (O-PD)
TO RETAIL COMMERCIAL WITH THE SPECIAL CONSIDERATION OVERLAY
ZONING (C -R S), FOR PROPERTY
LOCATED AT 40 PRADO ROAD (GP/R 7 -95)
WHEREAS, The Planning Commission conducted public hearings on November 6,
1996, and November 13, 1996, and recommended denial of amendments to change the
designation on the City's Land Use Element map from Office to General Retail, and to change
the zoning map from Office with the Planned Development Overlay Zoning (O-PD) to Retail-
Commercial with the Special Consideration Overlay Zoning. (C -R -S) for property located at 40
Prado Road; and
WHEREAS, the City Council conducted public hearings on, December 3, 1996, and
January 7, 1997, and has considered testimony of the applicant, interested parties, the records
of the Planning Commission hearings and action, and the evaluation and recommendation of
staff, and
WHEREAS, the City Council finds that the property should remain zoned Office, with
the Planned Development overlay (O -PD); and
WHEREAS, the City Council has considered the draft. Negative Declaration of
environmental impact with Mitigation Measures as prepared by staff and reviewed by the
Planning Commission.
R -8614
r
City Council Resolution No. 3514- (1997 Series)
Page 2
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings.
1. The proposed rezoning is inconsistent with the goals and policies of the General
Plan, specifically Policy 3.1.2 that limits retail expansion to specific geographical
areas of the city. The Council finds that the project site does not meet the
criteria to be considered as a part of the Madonna Road and Highway 101
regional retail center.
2. The proposed rezoning is inconsistent with the goals and policies of the General
Plan, specifically. Policy 3.1.3 that requires the submittal of a detailed expansion
plan to evaluate whether proposed development is aesthetically and functionally
compatible with existing development in the area. The Council finds that the
project would result in adverse traffic and circulation impacts to the area and be
incompatible with surrounding development.
SECTION 2. Denial. The request to rezone the property located at 40 Prado Road
from Office, with the Planned Development Overlay Zoning (O -PD), to Retail- Commercial,
with the Special Consideration Overlay Zoning (C -R -S), is hereby denied.
SECTION 3. General Plan Amendment. In order to maintain consistency between the
City's General plan and zoning, the Land Use Element map designation is hereby amended
from General Retail to Office for the property located at 40 Prado Road.
SECTION 4. Adoption.
1. The Land Use element map is hereby amended as shown in Exhibit "A ".
2. The Community Development Director shall cause the change to be reflected in
documents which are on display in City Hall and are available for public
viewing and use.
On motion of Vice Mayor Roalman
and on the following roll call vote:
,seconded by Council Member Smith
City Council Resolution No. 8614 (1997 Series)
Page 3
AYES: Council Members Roalman, Smith and Mayor Settle
NOES: Council Members Romero and Williams
ABSENT: None
The foregoing resolution was passed and adopted this LIday of January 1997.
Mayor Allen K. Settle
ATTEST:
City lerk -amnie L. Gawf
By: Kim Condon, Assistant City Clerk
APPROVED AS TO FORM:
/ %// Jorgensen
Resolution No. 8614
EXHIBIT A
Land Use
EXHIBIT A — LAND USE
Ole
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8613
RESOLUTION NO. (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO DECLARING
THE RESULTS OF THE GENERAL ELECTION
HELD TUESDAY, NOVEMBER 5. 1996
WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on the
5'b day of November, 1996, which election was duly held and conducted in the manner provided by
the Charter of the City of San Luis Obispo, and as provided by law for the purpose of voting for the
election of a Mayor, two Council Members and ten Ballot Measures; and
WHEREAS, under the provisions of City Council Resolution No. 8566, (1996 Series), the
Board of Supervisors was authorized to perform the official canvass of the November 5, 1996
General Municipal Election pursuant to the election laws of the State of California; and
WHEREAS, the Results of the Canvass of All Votes Cast at the Consolidated General
Election held on November 5, 1996 has been certified by the County Clerk and was approved by
the Board of Supervisors on November 26, 1996; and
WHEREAS, a statement of the results of said election has been duly entered by the City
Clerk in the official records of the City;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo that:
SECTION 1. The whole number of votes cast in said election within the City of San Luis
Obispo was 20,311.
SECTION 2. The names of the persons. voted for, the office for which each person was
voted for and the number of votes given at each precinct to each person are shown by the tabulation
of votes marked Exhibit A attached hereto, and by this reference incorporated as though fully set
forth.
SECTION 3. ALLEN K. SETTLE, the candidate receiving the highest number of votes
cast at said election for the Office of Mayor; is hereby declared elected to.such office for the term
prescribed in the City Charter. -
SECTION 4. KATHY SMITH and DAVE ROMERO, the .two candidates receiving. the
highest number of votes cast at said election for the Office of City Council Member, are hereby
declared elected to such office for the term prescribed by the City Charter.
SECTION 5. The City Clerk is hereby directed to sign and deliver to each of said Allen K.
Settle, Kathy Smith and Dave Romero a certificate of election certifying to his/her election to
his/her respective office has herein set forth.
R -8613
Resolution No. 8613
Page Two
SECTION 6. The Ballot Measures voted upon, the number of votes in favor of each Ballot.
Measure and the number of votes against each measure are shown by the tabulations of votes
marked Exhibit A attached hereto, and by this reference incorporated as though fully set forth.
SECTION 7. MEASURES P, Q, R; S, T, U, V, W and X received a majority of votes in
their favor at said election, and are hereby declared valid and binding amendments to the City
Charter.
SECTION 8. Pursuant to Section 9269 of the California Elections Code, the City Clerk is
hereby directed to forward to the Secretary of State copies of the text of Measures P, Q, R, S, T, U,
V, W and X to be codified and amend the Charter of The City of San Luis Obispo.
Upon motion of Council Member Smith seconded by
Council Member Williams , and on the following:roll call vote:
AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this
ATTEST:
B nie L. Gawf, Cler
APPROVED AS TO FORM:
7th day of January ; 1997
RESOLUTN:TEM
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Certificate of the City clerk
I, Bonnie L. Gawf; City Clerk of the City of San Luis Obispo, certify that the following is the final
statement of votes cast at the General Municipal Election held in the City of San Luis Obispo,.
California on November 5; 1996.
1. Number of registered voters in the City:
2. Number of votes cast in the City:
3. Tabulation of votes by person:
For Mayor.
Lark D. Jursek
Allen K. Settle
For City Connc&
Lance Parker
Kathy Smith
Dave Romero
Pat Veesart
4. Tabulation of votes by Measure: Yes
No
Measure O
8,491
8,898
Measure P
9,092
4,549
Measure Q
9,222
4,952
Measure R
9,205
4,109
Measure S
9,474
3;605
Measure T
11;166
2;199
Measure U
10,986
2,431
Measure V
8,827
4;1.27
Measure W
8,397
4,274
Measure X
10,492
2,513
5. Tabulation of votes by precinct (Exhibit A)
6. Tabulation of absentee votes (Exhibit A)
28,082
20,311
2,849
14,811
2;7.43
8,949
9,739
8,619
Witness my hand and the seal of the City Clerk of San Luis Obispo this I' day of December, 1996.
RESOLUTION NO. 8612 (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC EMPROVEMENTS FOR TRACT 1750 (UNITS 1 & 2)
WIWREAS, the City Council made certain.findings concerrungthe parent Tract 1750, as
contained in Resolution No. 6874 (1990 Series); and
WFREAS, the City Council approved the final map for Units 1 & 2 of said Tract 1,750
per Resolution No. 8086 (1992 series), and
WEEREAS, the subdivider has satisfactorily completed the public improvements for said
Units 1 & 2 (including Islay Hills Park), in accordance With City standards and specifications and has
requested that the City accept the improvements for maintenance and operation.
NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No.
1750 (Units 1 &2), including Islay Hill Park and the Faithful Performance surety is reduced to ten
(10) percent. in accordance with the subdivision agreement. The Labor & Materials surety shall be
held for the period .prescribed in Section 66499.7 of the California Government Code (Subdivision
Map Act).
On motion of Council Member Smith, seconded by Council Member Williams
and on the following roll call vote:
AYES: Council Members Smith; Williams, Roalman; Romero and Mayor Settle
NOES: None
ABSENT:. None
the foregoing Resolution was passed and adopted this 7th day of Janua y .
1997.
A Mayor Allen K. Settle
ty Clerk - Bo •- .
Approved to Form:
'C.
tp /tYttorq y Jeiy G orgenson
devrev \ ... \t1750TinalAcceptance (U1 & 2)
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