HomeMy WebLinkAbout8850-8874RESOLUTION NO. 8874
(1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE PHASING PLAN
OF THE LAGUNA LAKE PARK MASTER PLAN
WHEREAS, the City Council of the City of San Luis Obispo adopted a Negative
Declaration of Environmental Impact and approved a Master Plan for the development of Laguna
Lake Park-, and
WHEREAS, that Plan designated Laguna Lake Park as a Nature Preserve; and
WHEREAS, the implementation of that Plan (as noted on Page 13 of the Plan) featured
projects designed to enhance the natural environment of the park; and
WHEREAS, implementing that Plan has been stalled due to permitting requirements of
other government agencies; and
WHEREAS, a citizen's group, known as the Laguna Lake Park Master Plan
Implementation Task Force has recommended a re- prioritization of the Plan; and
WHEREAS, this re- prioritization does not change any previously- approved projects; and
WHEREAS, this action has the endorsement of the Parks and Recreation Commission;
and
WHEREAS; as noted in Section W of the original Master Plan, amendments to the plan
require City Council approval.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. The previously- approved Negative Declaration (ER 141 -92, adopted March
29, 1993) is still applicable to the Master Plan in that the proposed changes involve modification
to the implementation program and not the improvements that were initially evaluated.
Section 2. The Phasing Plan of the Laguna Lake Park Master Plan be amended as
follows:
The 1998 Implementation Project is to:
• Enhance the park entry with a park sign and entry gate.
• Plant and irrigate trees in the section of the park bordered by Madonna Road, the lake,
entry road, and main parking lot.
• Stabilize the shore on the east side of the lake from Madonna Road to the main
parking lot. Remove and rehabilitate the area next to the main parking lot that is used
for overflow parking.
Resolution 8874 (19r- Series)
Page 2 1%,-
The 5 -Year CEP for the project shall be:
• 1999 -01 (2- year): Complete Shore Stabilization of the East Side of the Lake
Complete Tree Planting and.Irrigation in the Park
Finish the Park Entry (Cost: $200,000)
• 2001 -03 (2- year): Construct Nature Center
Install Split -Rail Fence Around Park Area With Pedestrian Portals
(Cost: $200,000)
• 2003 -04 (1- year): Install Boardwalk and Park Trails (Cost: $100,000)
Additionally, if the permitting process for the Phasing Plan is completed, then that plan is
to be reconsidered.
Upon motion of Council Member Williams, seconded by corm,; 1 Momhcr Rnnlmgn
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Schwartz, Williams, Mayor Settle
NOES: None.
ABSENT: None
the foregoing resolution was adopted this 17thday of '1998.
Mayor Allen Settle
ATTEST:
Lee Pnce. City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8873 (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY Of- SAN LUIS OBISPO AND THE SAN LUIS OBISPO
CITY EMPLOYEES' ASSCIATION FOR THE PERIOD OF JANUARY 1, 1999 -
DECEMBER 31, 2000
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the
San Luis Obispo City Employees' 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 Tim Girvin, SLOCEA President; Ann
Slate, Personnel Director; and William Statler, Finance Director.
On motion of Council Member will iamsseconded.by Council Member Schwartz
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Schwartz, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 17 th day of November, 1998.
Resolution No. 8873:_(1998 Series)
Page 2
ATTEST:
Lee Price, CMC
City Clerk
APPROVED AS TO FORM - --
55:98- 00resolution
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 1999
Through
DECEMBER 31, 2000
TABLE OF CONTENTS
Article No.
Title
Pace No.
1
Parties to Agreement. ..............................................
1
2
Recognition. .............................. .:...........................2
3
Term of Agreement ..............
,3
4
Renegotiation ........................... ....................:...:.....4
5
Salary ..........:::........................ ..............................5
6
Overtime
9
7
Longevity .......................::...... .............................11
8
Standby ................................. .............................13
9
Callback
15
10
Work Out-Of-Class
16
11
Temporary Assignment ...........
..........................
,,,,,18
Bilingual Pay ........................... ..............:..:......:....19
13
Payday ................................. ...............................
20
14
Paychecks Prior To Vacation ,,,,, „,,,,,,,,,,,,,,,,,,,,;,,,,,,21
15
Retirement
.. ............................... ...............................
22.
1 .6
Insurance and Refund ............ ..............................
: 25
17
Long Term Disability Insurance; ................................
............... 30
18
Holidays ................................. .............................33
19
Sick Leave
35
20
Bereavement Leave .....
........... 39
21
Family Leave .................................. ......................
_40
22
Vacation Leave ... ........... ...............................
43
23
Workers' Compensation Leave ..............................
45
24
Work Schedule
46
25
Vacation Sell Back ................................................
47
26
Americans With Disabilities Act
48
27
Transfer ................................. .............................49
28
Layoffs ................................. ...............................
50
29
Light Duty Assignment ..:........ ...........m...................
58
30
Class "A & B” Physicals ................ .......................
59
31
Uniform and Uniform Allowance
60
32
Safety Program ..................... ...............................
33
Employee Rights ...................... .............................62
34
Grievance Procedure
63
AppendixA ............................. .............................79
Attachment "1” . 81
35
Representative Role ..........
36
Committee Representation
68
37
Dues Deduction
69
38
Copies of Agreement ,,,,,,,,,,,,,,,,,,,,,;,,,,,,,70
39
Reopener .............................. ...............................
71
40
Management Rights,,,,,,,,,,,,, ,,,,,,...........72
41
Peaceful Performance
73
42
Full Agreement ........................ .............................75
43
Savings Clause ....:.:................. ................:....:....:..76
44
Authorized Agents,,,,,,,,,,,,,,,,,,,,, ........... .........._._
„77
45
Signatures .............................. .............................78
AppendixA ............................. .............................79
Attachment "1” . 81
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this day of November, 1998, 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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\ I I
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 January 1, 1999, 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,
2000.
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ARTICLE 4
RENEGOTIATION
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If the Association desires to negotiate a successor Agreement, then the
Association shall serve upon the City, during September of 2000, 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.
1H
ARTICLE 5
SALARY
SECTION A Rules Governing Steo 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 twelve 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 twelve months service at the second
step, provided the advancement is recommended by the department
head and approved by the Personnel Director.
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(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
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.
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(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
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" Ratino
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 not receive neither step increases or salary 'increases
granted by the City Council in a MOA resolution. The 'V' rating procedure shall
not result (then or later) in the employee being frozen below the next lower step of
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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
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 Actreement
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 1999.
January 1999 3.5%
January 2000 3.0%
1:1
A. DEFINITION
ARTICLE 6
OVERTIME
J,
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
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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
A Employees with hire dates after December 31, 1973. Effective January 11
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.
B. 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).
C. 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.
D. 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
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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 necessary to again remove longevity pay during the same fiscal
year, he /she may make the change at any time with three business days
written notice.
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ARTICLE 8
STANDBY
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 dollars ($35.00)
for each weekend day, and thirty-five dollars ($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. For return to work as part of a standby assignment, as defined above, the
City will guarantee eithertwo (2) hours of pay in cash at straight time or pay
at time and one half for time actually worked whichever is greater.
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The parties agree that employees on standby, as defined above, are "waiting
to be engaged."
14
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;
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 that is 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
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consecutive work days shall receive additional pay of 5% commencing with
the 11 th 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
BILINGUAL PAY
Effective January 1, 1999, employees certified as bilingual in Spanish through a
testing process and certified as being required to regularly use their Spanish
speaking skills shall receive a bilingual payment of thirty -five ($35) dollars per pay
period. Additional languages may be approved by the City based upon
demonstrated need. Regardless of certification and payment, all employees shall
use any language skills they possess to the best of their ability.
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ARTICLE 13
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 14
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 15
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System'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
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 provided 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.
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C. At the election of the Association, during the second year of this agreement,
the City will begin reporting the payment of the employee's retirement
contribution (EPMC) as compensation. Upon'implementation of 2% @ 55, as
in "D" below, the City will implement, EPMC at no cost to the employees. If
2_ % @ 55 is not implemented the cost of EPMC will be shared equally
between the City and the Association.
D. The City will obtain updated actuarial quotations for implementation of the
2% at 55 retirement program for miscellaneous employees, with a tentative
implementation date of the first full pay period in January, 2000. At the
election of the Association the City will implement the 2% at 55 retirement
program subject to all of the following conditions:
1. The Unit will execute a supplemental memorandum of agreement
(Attachment I - Governing Implementation of the 2% at 55 Retirement
Program).
2. Employees will pay the entire cost of the 2% at 55 retirement program.
This cost shall be paid by the City reducing its payment of the
employees retirement contribution (E.PMC) by a percent exactly equal
to the cost of the 2% at 55 retirement program. The cost of the
program shall be defined as the incremental cost of the 2% at 55
retirement program: The incremental cost will be that percentage
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identified by PIERS when supplying the actuarial quotation for 2% at 55
implementation. Concurrent to -the employees assuming responsibility
for a portion of payment of the employee retirement share, the City
shall implement an IRS 414h(2) provision allowing for the employee to
make this contribution on a pretax basis.
3. Other affected employee groups and /or associations shall agree to
equivalent provisions for 2% at 55 implementation (or have such
provisions implemented).
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ARTICLE .1.6
INSURANCE AND REFUND
.A. CONTRIBUTION
The City shall contribute $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.Prooram
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
25
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
to participate in the PIERS Health Benefit Program and may receive the
unused portion of the City's contribution (after dental and vision
insurance premiums are 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
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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,
C. LIFE INSURANCE
Employees shall pay for life insurance coverage of Twenty -five Thousand
Dollars ($25,000).
D. 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 - voting representative to provide a wider range of viewpoint for
discussion. The vote of each voting representative shall be weighted
according to the number of employees represented by the association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW
COMMITTEE
a. Review-and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA
b. Submit to the City and its employee associations
recommendations on proposed changes for the City's flexible
benefits plan and the insurance plans offered under the MOA
NFA
C. Disseminate information and educate employees about the
City's flexible benefits plan and the insurance plans offered
under the MOA;
d. Participate in other related assignments requested by the City
and its 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.
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.
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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 17
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.
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b. Employees who receive LTD benefits shall receive credit for a
portion of the paid leave used to cover their absence. 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..
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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.
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 16, 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.
32
ARTICLE 18
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 - Presidents' Day
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.
33
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,
accumulation, etc. of such vacation shall be subject to the same rules and
procedures that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1
34
ARTICLE -19
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:
J
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.
35
6, Any employee who is absent because of sickness or other physical
disability shall notify his /her immediate supervisor or department head
as soon as possible but in any event during the first day of absence.
Any employee who fails to comply with this provision, without having
a valid reason, will be placed on leave of absence without pay during
the unexcused absence and be subject to disciplinary action.
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 normal
requirements of their positions may be placed in a classification of
work for which they are suitable when a vacancy exists, or may be
separated for physical disability.
36
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 17, Section E.
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 under the Worker's Compensation Act of California,
such compensation received shall be considered part of the salary to
be paid to the employee eligible for such payments as required by state
law. The amount paid by the City shall be the difference between the.
amount received by the employee from the City's compensation
insurance coverage and the eligible employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall
be entitled to receive any payment or other compensation from the
City while absent from duty by reason of injuries or disability received
37
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:
(a) Death - 256/o
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment - 10%
(2) After twenty years of continuous employment - 15%
38
ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to
the death of a member of the employee's immediate family, meaning spouse,
child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister,
grandparent, or any other relative living in the same household, provided such
leave as defined in this section shall not exceed five (5) working days (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 concerning the death
or relationship shall be cause for discharge.
Wj
ARTICLE-21.
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 hospitalised.
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:
N
.f
1. A new child through birth, adoption or foster care (maternal or
paternal leave).
2. A seriously ll child, spouse or
y 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.
41
If an employee does not return to work following Family /Medical 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:
1. The continuation of a serious health condition of the employee
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."
ARTICLE 22
VACATION LEAVE
A. Each incumbent of a 40 hour a week fine-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
43
accrual. In no event shall more than one such extension be granted in any
calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have
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.
44
ARTICLE 23
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 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 16,
Section E.
45
ARTICLE 24
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 pet day, nor hours of work per week,
nor of days of work per week.
Employees shall be scheduled to work on regular workshifts having regular starting
and quitting times. Except for emergencies, 6mployees' I workshifts shall not be
changed without reasonable prior written notice to the employee and the Personnel
Director. Neither callback hot overtime constitute a change . in w6r I kshift. Al)
I
references to accrual of vacation, holiday or. sick leave in the Agreement shall be
interpreted as one (1) day being equiValerit,to eight (8) hours.
at-
1 �
ARTICLE 25
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.
Upon request, vacation sellback payments shall be made by separate check.
47
1
ARTICLE 26
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.
48
ARTICLE 27
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 min- im-urn
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.
49
ARTICLE 28
LAYOFFS
LAYOFF PROCEDURE
1 �
In accordance with Personnel Rule 2.36.280, the City Council. of San Luis Obispo
shall determine when and in what position or 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:
50
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 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
least 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.
51
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
deterining order of layoffs.
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 needs, 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 of employees
will be in reverse order of layoff, depending upon City requirements.
52
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 a vacancy in a vacant
class 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
53
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.
3. The bumping right . shall be considered exercised by the
displacement of another employee with lesser total service or by
the acceptance of a vacant ,position in the class 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
54
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 recognized employee organizations of the.effective
date of any reduction ',in force concurrent with the notice to the
affected employee(s) pursuant to G, below.
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
55
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:
1. 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.
56
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, 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.
57
1
�J
ARTICLE 29
LIGHT DUTY ASSIGNMENT
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.
58
ARTICLE 30
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.
59
ARTICLE 31.
UNIFORM AND UNIFORM ALLOWANCE
A. The Administrative Secretary, Secretary and Records Clerks 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.
-•
ARTICLE 32
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.
61
ARTICLE 33
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.
62
ARTICLE 34
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
63
the supervisor's immediate superior but in no event later than thirty
(30) calendar days after the occurrence of the event giving rise to the
grievance. The department head shall promptly consider the grievance
and render a decision in writing within fifteen (15) business days of
receiving the written grievance. If the employee accepts the
department head's decision, the grievance shall be considered
terminated.
C. If the employee is dissatisfied with the department head's decision, the
employee may immediately submit the grievance in writing to the
Personnel Director within 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.
D. 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
64
0
denied shall be in writing and given to 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 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.
65
ARTICLE 35
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
organiization) 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
*O
provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours.
67
r
ARTICLE 36
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.
n
ARTICLE 37
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.
.•
ARTICLE 38
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.
70
ARTICLE 39
REOPENER
Upon request of the City, the Association agrees to reopen negotiations on
possible implementation of a Sick Leave Incentive Program(s).
71
ARTICLE 40
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive tight to
determine the mission of its constituent departments, commissions and boards;, set
standards of service; determine the procedures and standards of selection for
employment arid. 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.
72
ARTICLE 41
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, slowdown, 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.
73
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
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 0 0) 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.
74
r �
ARTICLE -42
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.
75
Cl
ARTICLE.43
SAVINGS-CLAUSE
If any provi's , io n of this Agreement should be held invalid by operation of law or by
any court of competent jurisdiction., or 1f 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 puTpose 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.
76
ARTICLE 44
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- 7217).
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
781 - 7250).
17
93401 -3249; telephone: (805)
ARTICLE-45
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown
in Appendix "A ".
This Agreement becomes. effective January 1, 1999 as witnessed hereto by the
following parties:
CITY OF SAN LUIS OBISPO
William Avery, City Consultant
I.
Ann Slate, Personnel Director
Other_Citv_Neootiatino Team Members:
Karen Jenny
SAN LUIS OBISPO
CITY-EMPLOYEES' ASSOCIATION
Paul Bectiely, SLOCEA..Cons,ultant
,i
i'
Tim Girvin, President
Other SLOCEA Negotiating Team Members
Diane Stuart
Ron Faria
Mike Bertaccini
78
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 11
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 1
• 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 - Streets
W
i
• Office Assistant I
• Office Assistant II
Parking Enforcement Officer
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 II
Secretary I
Secretary 11
Signal Maintenance Electrician
Senior Administrative Secretary
Street painter
Telemetry & Instrument Technician
Traffic Engineer
Tree Trimmer I
• Tree Trimmer II
Utilities Conservation Technician
• Utility Worker II
Utility Worker 111
Water Reclamation. Lab Analyst I
• Water Reclamation Facility Operator Trainee
• Water Reclamation Facility Operator I
• Water Reclamation Facility.Operator II
Water Reclamation Facility Operator III
Water Reclamation Maintenance Technician I
Water Reclamation Maintenance Technician II
Water Service Worker 11
• Water Service Worker ill
• Water Supply Operator II
Water Supply Operator III
• Water Treatment Plant Operator Trainee
• Water Treatment Plant Operator I
• Water Treatment Plant Operator II
Water Treatment Plant Operator III
Water Treatment Plant Operator III - Supervising
ATTACHMENT 1
SUPPLEMENTAL MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY
EMPLOYEES' ASSOCIATION
INTRODUCTION
This supplement is the Memorandum of Agreement entered into between the
City of San Luis Obispo and The San Luis Obispo City Employees' Association
commencing January 1, 1999 and any successor memoranda during the term of
this Supplemental Agreement.
SECTION 1: PURPOSE
The purpose of this supplemental Memorandum of Agreement is to implement; at
the election of the Association, the 2% at 55 retirement program as set forth in
Article 15.
SECTION 2: TERM
This supplemental Memorandum of Agreement shall be for eight (8) years
commencing with implementation of the 2 % at 55 retirement program.
SECTION 3: RETIREMENT IMPLEMENTATION
Upon meeting of the criteria set forth within Article 15 of the Memorandum of
Agreement between the City and Association referenced above, the City shall
implement the 2% at 55 retirement program and the employee shall pay for the
2% at 55 retirement program as follows:
"Employees will pay the entire cost of the 2% at 55 retirement
program. This cost shall be paid by the City reducing its payment
at the employees retirement contribution (EPMC) by a percent
exactly equal to the cost of the 2 % at 55 retirement program.
The cost of the program shall. be defined as the incremental cost
of the 2% at 55 retirement program. Incremental cost will be
that percentage identified. by PERS when supplying the actuarial
quotation for 2% at 55 implementation. Concurrent. to the
8i
employees assuming responsibility for a portion of payment of the
employee retirement share, the City shall implement an IRS
414h(2► provision allowing for the employee to make this
contribution on a pretax basis.
SECTION 4: INTENT
The intent of this. supplemental Memorandum of Agreement is to ensure that the
parties' intent be memorialized for an extended period of time. The City's
willingness to implement.the 2% at 55 retirement program has been conditioned
upon the employees' stated willingness to pay for it. While this supplemental
agreement runs for eight (8) years, the intent of the parties continues past its
expiration.
SECTION 5: MEMORANDA OF AGREEMENT
Except as modified by this supplemental Memoranda of Agreement the
Memoranda of Agreement between the City and Association commencing July 1,
1999 and all successor Memoranda will remain unchanged.
82
RESOLUTION NO. 8872 (1998 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE NATIONAL FISH
AND WILDLIFE FOUNDATION FOR THE PROJECT KNOWN AS
LOWER EAST FORK PROPERTY ACQUISITIONS
WHEREAS, the Congress of the United States has created the National Fish and
Wildlife Foundation as a 501(c)(3) nonprofit organization dedicated to promoting improved
conservation and sustainable use of the nation's natural resources; and
WHEREAS, the National Fish and Wildlife Foundation has announced availability
of "Challenge " grants for conservation projects; and
WHEREAS, successful applicants will enter into a cooperative agreement with the
National Fish and Wildlife Foundation for use of grant funds; and
WHEREAS, the City of San Luis Obispo ( "City ") is a California Charter Municipal
Corporation; and
WHEREAS, City, acting through its City Council and through adopted public
procedures, has determined that certain lands surrounding the City of San Luis Obispo
are important to the scenic character, healthy natural environment, and economic and
social well -being of the community and its citizens and has designated these lands as the
San Luis Obispo Greenbelt; and
WHEREAS, within said Greenbelt, City seeks to preserve and conserve
characteristics such as visual quality, wildlife habitat, healthy agricultural economy, and
rural setting through a variety of techniques and programs, including purchase of land
and conservation easements; and
WHEREAS, the purchase of fee title and /or conservation easements upon the
above - mentioned land in the judgment of City would act to preserve the values indicated
above and serve an important municipal purpose; and
WHEREAS, the City Council of the City of San Luis Obispo finds that the project is
exempt under Section 15325 of the California Environmental Quality Act (CEQA) and is a
categorical exclusion under Section 58.35(a)(5) of the National Environmental Policy Act
(NEPA), as the project consists of the acquisition of land or easements for wildlife habitat
and agricultural conservation purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the submittal of an application to the National Fish and Wildlife
Foundation Challenge Grant Program for grant support for the above project; and
2. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Approved and adopted this 17th day of November, 1998.
Resolution 8872 (199�.ries)
Page 2
Council
On motion ofMember Williams , seconded by
on the following roll call vote:
J
Council Member Schwartz. and
AYES: Council Members Roalman, Romero, Schwartz, Williams, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of November 91998.
Allen K. Settle, Mayor
APPROVED AS TO FORM:
U110FAF0 2 01*010- d W
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RESOLUTION NO. 8871 (1998 series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO IN
SUPPORT OF APPLICATION BY THE COUNTY OF SAN LUIS OBISPO FOR
GRANT SUPPORT FROM THE RECREATIONAL TRAILS PROGRAM FOR THE
PROJECT KNOWN AS BISHOP PEAK TRAIL IMPROVEMENTS
WHEREAS, the Federal Recreational Trails Program (formerly the National Recreational
Trails Fund Act Program) provides funds to the State of California for grants to state, local, and
nonprofit organizations to acquire, develop and/or maintain motorized and non - motorized trails;
and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility for the administration of the program within California, setting up necessary
procedures governing project applications under the programs and
WHEREAS, the City of San Luis Obispo and County of San Luis Obispo are cooperating
in the development of a trait to the top of Bishop Peak, and have entered into an agreement to
memorialize that agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby states its support for application to the California Department of Parks and
Recreation for the Recreational Trails Program for the project known as Bishop Peak Trail
Improvements by the County of San Luis Obispo; and
BE IT FURTHER RESOLVED that the Council has allocated $10,000 to the project,
payable upon placement of $15,000 in cash by the County of San Luis Obispo into a separate
fund dedicated to the project, to assist in providing matching local funds
Moved b s seconded by
Council _ _ , and adopted
y ('nnnril MPmhar William �
this 17th day ofNovember by the following vote:
FOR: Council Members, Roalman, Romero, Schwartz., Williams, Mayor Settle
AGAINST: None
ABSTAIN: None
ABSENT: None
The foregoing resolution was adopted this 17th day of November , 1998.
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8870 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF.SAN LUIS OBISPO
AUTHORIZING PARTICIPATION IN COUNTY -WIDE D.U.I. REDUTION PROGRAM
DURING THE THANKSGIVING THROUGH NEW YEAR'S HOLIDAY SEASON OF 1998
WHEREAS, the City of San Luis Obispo is committed to maintaining a safe community
for its residents and visitors; and
WHEREAS, the City Council, along with the community, Public Safety staff, and
community service organizations, will not tolerate driving under the influence; and
WHEREAS, the City has limited resources to enforce driving under, the influence
violations; and
WHEREAS, driving under the influence exacts a high toll on human life, injury, and
property damage, and
WHEREAS, the law enforcement agencies in San Luis Obispo County have joined
together in the fight to take swift action in identifying and removing from the roadways driving
under the influence violators; and
WHEREAS, the State of California Office of Traffic Safety has granted funds to
Californian Highway Patrol for implementation of SLOCOPS, and the California Highway
Patrol is prepared to make available necessary funding to the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does fully recognize and commend the community and its Police Department for their
continuing effort to deter, and prompt action to further reduce the number of drivers that are
under the influence of alcohol and operating motor vehicles, and hereby authorizes participation
in the combined County-wide law enforcement agencies' grant (SLOCOPS) to reduce driving
under the influence accidents during the Thanksgiving through New Year's holiday season of
1998.
Upon motion of council Memher Wi l l iams;Seconded by rnlinpi1 Rnnlmnn
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Schwartz, Williams, Mayor Settle
NOES: None
ABSENT: None
�J
Resolution No. 8870 (1998 Series)
Page 2
the foregoing resolution was adopted this loth day of November . 1998.
APPROVED AS TO FORM:
Mayor Allen Settle
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RESOLUTION NO. 8869 (1998Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A GIFT FROM THE MARY JANE DUVALL TRUST FUND
FOR THE CREATION OF A SCUPTURE ALONG THE SAN LUIS OBISPO CREEK WALK
WHEREAS, the Mary Jane Duvall Trust Fund was established to carry forward the basic
intentions of the Mission Plaza; and
WHEREAS, the trustee believes that a financial gift to the City for the. creation of a
sculpture to be placed along the San. Luis Obispo Creek walk meets the intentions of the trust;
and
WHEREAS, the trustee has offered the City a gift of up to $25,000 ($20,000 for the
design and production of the .sculpture and up to $5,000 for site design work and preparation) to
create such a sculpture; and
WHEREAS, the trustee has established preliminary conditions of the offer of the gift
which the City finds to be acceptable..
.NOW; THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That the City is extremely pleased to accept the offer of a gift of up to
$2.5,000 from the Mary Jane Duvall Trust Fun_ d for the creation of a sculpture to be placed along
the San Luis Obispo Creek Walk.
SECTION 2. That the City agrees to follow the preliminary conditions of the offer
shown in Attachment. A to the best of its abilities. Should the City be unable to follow those
conditions for any reason, it will work with the trustee to develop mutually agreeable
alternatives:
Upon motion of Council Member William seconded by Council Member Roalman.;
and on the following roll call vote:
AYES-. Council Members Roalman, Romero, Williams, Mayor Settle
NOES: None
ABSENT: Council Member Schwartz
the foregoing resolution was adopted this 10th day of November
N
Resolution No. 8869 (1998 Series)
Page 2
ATTEST:
Lee Price,
APPROVED AS TO FORM:
! ty Attorney
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Mr-y—orklen. Settle
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Memo attachment: Page I of 2
Preliminary conditions of the offer of sculpture:
Mary Jane Duvall Trust
ATTACHMENT A
Theme: Creek Life. Ananimal or annual grouping that would be (or would have bon)
f6idid in the San Luis ObISpo Creek corridor. Fish to be excluded.
Note.- this theme is established in the Bear & Chumash Child sculpture found
at the Mission Plaza fountain
Character. Free standing, three dimensional and sufficiently realistic / impressionistic to
portray the animal(s).
Note: reference Bear & Chumash Cluld, Paula Zima, wftt
Scale: . Lifesize
Materials: Durable, e.g. stone, marble, concrete, ceramic, metal or combinations, etc.
Location: Precise location within the Creek Walk as well as the setting (hardscape, softscape,
or wat er) to be determined in consultation with Creek Walk landscape architect
-
David Foote and approved by the Architechn-al Review Conimim-ou. General
parameters- To be above level of likely flood damage- to
be visually prordident, to
be accemble to children for touching or climbing depending on scale-. to be night
lighted for security.
Artist
E3igibility. Artists must be residents of San Luis Obispo County.
Proceduiest
City ApS_uest_fb_r?rgp.,qs.al (RFP) procedures modified as necessary to include
conditions of this offer.
Submittals: 1. Renderings or models of sufficient size and detail to clearly convey the essence
of the proposed. sculpture in its setting.
2. Six to ten 3 5mm slides ofthe renderings or models to be used in presentations
to large audiences.
3. Written declaration warranting that the sculpture is original work created for
this specific project and that, upon. completion and-instaUation the work
becomes the property of the City of San Luis Obispo.
Memo attachment: Page 2 of 2
•
Selection jury: Myron Graham; Chairman
Arts Council member, former Councilman, long standing supporter of the
Mission Plaza, and respected community advocate for the arts.
Pierre Rademaker, Graphic artist; member, Downtown Concept.Plan Design Team
Robert Reynolds, Artist
Lannaea Phillips, Community . Activist and arts advocate
David Foote, Landscape Architect
Award: $20,000.00 for the design and the production ofthe sculpture fitted for site
installation.
For additional site design work and consultation by FIRMA and for
preparation by contractor, $5,000.00 maaiimum
Acknow-
ledgements: A small brass plaque appropriately placed and secured noting the title of the work;
the name of the artist, the donor. The Mary Jane Duvall Trust, and the date.
file. km davaIlc.wpd
RESOLUTION NO. 8868 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE CONTRACT FOR THE DOWNTOWN
ASSOCIATION ADMINISTRATOR FOR SALARY INCREASE.
WHEREAS, the duties and responsibilities of the Downtown Association Administrator
have increased in scope; and
WHEREAS, the Board of Directors of the Downtown Association unanimously agreed.
that there should be an increase in the salary for the Administrator.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that Administrator's salary be increased by $10,929 to an annual salary of $50,000, as shown in
Attachment A, an amendment to the July 15, 1998 contract.
Upon motion of Council Member Williams seconded by Council Member Roalman ,
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Schwartz, Williams and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 1 othday of November , 1998.
Mayor en Settle
APPROVED AS TO FORM:
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ATTACHMENT A
AMENDMENT NO. 1
AGREEMENT WITH DEBORAH J. HOLLEY
The AGREEMENT dated July 15, 1998; between the CITY OF SAN LUIS
OBISPO, a. municipal corporation, hereinafter referred to as "CITY" and DEBORAH J.
HOLLEY, hereinafter referred to as "EMPLOYEE ", is hereby amended as follows:
Section 5. Compensation. CITY shall pay to EMPLOYEE as compensation in full for
all services performed by EMPLOYEE pursuant to the Contract, the sum of $50,000 per
year effective the first full pay period in November, 1998. Said compensation will be
paid in accordance with normal. City procedures.
All other terms and conditions of the AGREEMENT remain the same.
Both CITY and EMPLOYEE do covenant that each individual executing this
addendum on behalf of each party is a person duly authorized and empowered to execute
agreements for such party,.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed on this 10th day of November, 1998.
CITY OF SAN LUIS OBISPO
a Municipal Corporation
Allen Settle, Mayor
APPROVED AS TO FORM CONTRACTOR
/)ffr *1orp6nsri0fAttorney Deborah J. Holley
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RESOLUTION NO. 8867 (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO RATIFYING THE JOINT
POWERS AGREEMENT FOR THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS
WHEREAS, the San Luis Obispo Council of Governments was created by a Joint
Powers Agreement between the Cities and County of San Luis Obispo; and
WHEREAS, any amendments require ratification by.membd"r agencies; and
WHEREAS, the San Luis Obispo Council of Governments Board on August 5, 1998,
approved minor clean -up and clarifying amendments for the ratification by member agencies;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo does. hereby ratify the San Luis Obispo Council of-Governments Joint Powers
Agreement attached hereto as Exhibit A and incorporated herein by reference, and authorize the
Mayor to execute said agreement, and forward it to the San Luis. Obispo Council of
Governments.
On motion of Council Member Williams. . , seconded by . Council Member
Roalman , and on the following roll call vote.:
AYES: Council Members Roalman, Romero, Schwartz, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution is hereby adopted on this _ 10th day of November _ , 1998.
Mayor
Resolution No. 8867 (1998 Series)
Page 2
APPROVED:
"a .1/
i tt ey
RESOLUTION NO. 8866 (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO RATIFYING THE JOINT
POWERS AGREEMENT FOR THE SAN LUIS OBISPO
REGIONAL TRANSIT AUTHORITY
WHEREAS, the San Luis Obispo Regional Transit Authority was created by a Joint
Powers Agreement between the Cities and County of San Luis Obispo; and
WHEREAS, any amendments require ratification by member agencies; and
WHEREAS, the San Luis Obispo Regional Transit Authority Board on September 2,
1998, approved minor clean-up and clarifying amendments for the ratification by member
agencies-,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo does hereby ratify the San Luis Obispo Regional Transit Authority Joint.Powers
Agreement attached hereto as Exhibit A and incorporated herein by reference, and authorize the
Mayor to execute said agreement, and forward it to the San Luis Obispo Regional Transit
Authority.
On motion of Council Member Williams_ __ _ -_ , seconded by Council . Member
Roalman , and on the following roll call vote:
AYES: Council Members Roalman, Romero, Schwartz, Williams and Mayor
Settle
NOES: None
ABSENT: None
the foregoing resolution is hereby adopted on this 10th day of November _ __ , 1998.
Mayor
City Clerk
Resolution No. 8866 (108 Series)
Page 2
APPROVED:
'ty/ orn
ZAhibl1 A
1
SAN LUIS OBISPO REGIONAL TRANSIT ,,JTHORITY
JOINT POWERS AGREEMENT
WITNESSETH:
This Agreement is made and entered into this 9"' day of March, 1990, and amended on
1998, by and among the incorporated cities of Arroyo Grande, Atascadero, El
Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo, all being
municipal corporations in the County of San Luis Obispo, California (hereinafter called "Cities ")
and the County of San Luis Obispo, a body politic and corporate, and a subdivision of the State
of Califomia, (hereinafter called "County")
WHEREAS, Section 6500 et seq of the California Government Code (Title 1, Div. 7,
Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly
exercise any power common to the contracting parties, subject to certain mandatory provisions
contained therein; and
WHEREAS, the Cities and County have previously entered into a joint powers agreement
for the formation of the San Luis Obispo Council of Governments for the purpose of providing,
among other things, for a regional transportation agency; and
WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting on
May 10, 1989, voted to consolidate the administration of several transportation systems through
a regional transit joint powers agreement.
NOW THEREFORE, it is agreed as follows:
ARTICLE 1
General Provisions
Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of
the member agencies for the formation of Joint Powers Agreement with full power and authority
to own, operate and administer a countywide public transportation system within the boundaries
and over the territory over which the Joint Powers Agency has jurisdiction.
Section 2. Name: The official name of the entity shall be San Luis Obispo Regional
Transit Authority and hereafter referred to as SLORTA.
ARTICLE 11
Organization
Section 1. Board Members: The membership of the SLORTA Governing Board, shall be
the same as the membership of the San Luis Obispo Council of Governments (hereinafter
referred to as SLOCOG).
Section.2. Board Meetings - Voting - Quorum: Regular meetings shall be generally held
SIARTA JPA r
in the first week of July, September, November, January, Marcfi and May or as specified in a
biannually adopted meeting calendar. Special meetings may be called by the President or upon
written request of at least three (3) members of the SLORTA Board.
Voting and quorum provisions shall be the same as those provided in the SLOCOG Joint
Powers Agreement.
Section 3. Officers: The officers of SLOCOG shall. serve as officers of the Transit
Authority.
Section 4. Manager. The SLORTA Board shall designate a Regional Transit Manager to
operate SLORTA. The manager shall serve at the pleasure of SLORTA Board, with delegated
powers to certify documents of the SLORTA Board as required by the law and to assume such
duties and responsibilities as the Board may direct.
Section 5. Members:
1. The County of San Luis Obispo and all cities incorporated in the County of San Luis
Obispo presently or in the future, are declared eligible for membership.
2. Membership shall be contingent upon the execution of this Joint Powers
Agreement.
Section 6. Boundaries and Service Levels: The service area boundaries -shall be all of the
area within the boundaries of San Luis Obispo County as designated by the SLORTA Board.
Any additional services beyond the level recommended by the Regional Transportation Plan or
Mandated in the Unmet Transit Needs Hearing (PLIC Section 99401.5) may be instituted, but
shall require unanimous approval of affected jurisdictions, with costs for the extra service to be
distributed on the basis of formula developed by the SLORTA Board members representing the
affected jurisdictions.
Section 7. Committees:
1. Committees and subcommittees may be established as SLORTA may deem
appropriate.
2. Membership on '%d-Hoe policy committees shall be at the discretion of the
President. Nothing herein shall be construed to limit membership on these aforesaid committees
to officials of the member agencies. The President may appoint any individual deemed qualified
to serve on a committee.
3. Standing committees shall include the:
a. Regional Transit Advisory Committee (RTAC) serving as a Regional Transit
Productivity Committee to advise the Board on the efficiency and effectiveness of
the transit system.
b. An Executive Committee comprised of the President, Vice President and the
past President and at least one representatives from the county of San Luis Obispo
(if none of the above) shall advise the Transit Manager and SLORTA on: draft
agendas, personnel issues, budget and Overall Work Program; controversial,
sensitive and major policy issues; and shall facilitate the annual performance
evaluation of the Regional Transit Manager. Items for review shall be selected by
SLORTA RA
the Transit Manager in consultation with the President. All Committee members
may include agenda items as they desire. For purposes of conducting business,
two members shall constitute a quorum.
4. No committee shall commit SLORTA on any matter or questions of policy. Such
matters or questions can only be decided by SLORTA.
5. All committees shall receive clerical assistance from SLORTA staff and, by
agreement, SLOCOG staff for the purpose of .maintaining minutes of meetings and other such
duties as the Transit Manager may direct. The chair of each committee shall sign the original
copy of the minutes indicating verification of contents upon committee adoption. Copies of
minutes of all meetings shall be sent to members of SLORTA and the Transit Manager.
ARTICLE III
Financial Provisions
Section 1. Budget: The Regional Transit. Manager shall prepare an annual budget for
Transit Authority adoption prior to commencement of each fiscal year. The approval of the
Annual Budget shall be in accordance with those procedures prescribed by the Joint Powers
Agreement of SLOCOG.
Accounting practices to be applied will conform with those used by San Luis Obispo
County, consistent with Transportation Development Act rules and regulations.
A Consolidated Fund balance and cash balance will cant' forward from one year to the
next.
The budget. may additionally cant' funds for future fiscal years where necessary to
develop a multiyear Capital Improvement Program and to reflect obligations under state of
federal funding agreements, to the extent allowable by California law.
No member Agency shall be required to expend any of its general fund monies to support
the operations of the Transit Authority. The operation of the transit system shall be funded from
revenues derived from operations, member Transportation Development Act fund contributions,
grants, and any other appropriate revenue sources. Each member agency shall make an annual
contribution to the Transit Authority in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions affected by that formula
and ratified by the Transit Authority.
All population percentages utilized shall be those annually adopted by SLOCOG for
allocating Transportation Development Act Funds based annually on estimates prepared by the
State Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code for
cities and by the County Planning Department. for unincorporated communities.
Section 2. Expenditures: The Transit Authority may establish procedures and policies to
insure competitive prices for the purchases of goods and services. Formal bidding shall not be
required unless directed specifically by the Transt.Authority or unless required by state or federal
law. Particularly in the purchase of equipment, including buses, the Transit Authority may
consider the design, maintenance and operating costs, and other similar factors in determining
the most suitable equipment and need not purchase equipment having the lowest initial cost.
SLORTA IPA 3
C�
Sec_ tion 3. Treasurer and Auditor. Pursuant to Government Code Section 6505.5, the
Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Transit
Authority. The Treasurer shall have the powers and duties set forth in Government Code Section
6505.5. The Auditor /Controller of the County of San.Luis'Obispo is designated as the Auditor of
this Transit Authority pursuant to Government Code Section 6505.5.
Section 4. Annual Audit: The Transit Authority shall cause an annual audit to be prepared
and filed in accordance with Government Code Section 6,505 and Public Utilities Code Section
99245.
Section 5. Annual. Report: The Regional Transit Manager shall prepare and submit an
annual report of the operations to the Transit Authority, SLOCOG,, and State Controller within 90
days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243.
Section 6. Periodic Reporting:. The Transit Authority may require periodic reporting of
ridership, finances, or other information. It shall be the responsibility of the Regional Transit
Manager and Contractor (f appropriate) to provide such reports in a form acceptable to the
Transit Authority. .
ARTICLE IV
Authority
Section 1. Powers: The Transit Authority shall have all Powers necessary to cant' out the
purpose of this Agreement, except the power to tax. Its power to expend funds shall be limited
only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of
the Transit Authority specifically include, but are not limited to, the following:
a. To solicit bids and negotiate contracts from private enterprise for services and /or
operation.
b. To sue or be sued_.
c. To employ agents, employees and contract for professional services.
d: To make and enter contracts including labor and employment contracts.
e. To acquire, convey, construct, manage, maintain and operate necessary
equipment, building and improvements.
f. To acquire and convey real and personal property,
g- To incur debts, liabilities and obligations of financial assistance from State and
Federal agencies and to obligate the Transit. Authority to operate the improvements, equipment
or transportation system in accordance with the terms and conditions of said financial assistance.
Section 2. Transit_Authority is a Public. Legal Entity:. The Transit Authority is a public
entity duly formed and existing under the laws of the State of California. It is a separate and
distinct legal entity from its member agencies. The debts, duties and obligations created
pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those
of its officers, employees, members of the Board of Directors or the member agencies.
SLORTA JPA
ARTICLE v
Miscellaneous Provisions
Section 1. Withdrawal of Member. A withdrawing member's financial obligation under this
Section is limited to the withdrawing member's pro -rata share of the currently adopted operating
budget based upon ARTICLE III, Section 1 within the service area of the obligated commitments
affecting the withdrawing member and any SLOCOG's finding as to unmet transit needs that are
reasonable to meet pursuant to Public any Code Section 99401.5.
Section 2. Amendment of Agreement:. No amendment to this Agreement shall be made
without the consent of all member agencies at the time of the amendment.
Section 3. Ratification - Effective Date: This Agreement shall be deemed effective as to
those parties executing this agreement upon their execution of the agreement.
Section 4. Assignability: In the event it is deemed in the best public interest to have the
Transit Authority operated by another individual or entity, whether public or private, and provided
that the assignment complies with State and Federal laws, the agency on affirmative vote of the
majority in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and
personal property and cease operations upon such terms and conditions as the Transit Authority
determines to be reasonable.
Section 5. Termination: This Agreement shall continue in full force and effect until
rescinded by a majority of the member agencies.
Section 6. Notification to Secretary _ of_ State: Pursuant to Government Code Section
6503.5, the Transit Authority shall cause a notice of the execution of this Agreement to be
prepared and filed with the Office of the Secretary of the State oUCalifomia, within thirty (30)
days after the effective date of any amendment to this Agreement.. Until such filings are
completed, the Transit Authority shall not incur indebtedness of any kind.
SLORTA ]PA 5
- , -
IN WITNESS WHEREOF, the parties have executed thi, Agreement as of the day and year firs
hereinabove written.
CITY OF ARROYO GRANDE
By: Date: .
Mayor
Resolution No._
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Resolution No.
Clerk
CITY OF GROVER BEACH
By: Date:
Mayor
Resolution No.
Cleric
CITY OF MORRO BAY
By. Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By: Date:
Mayor
Resolution No.
Clerk
SLORTA]PA 6
CITY OF PISMO BEAZA
By: - -
Mayor
Clerk
CITY OF SAN LUIS OBIS_I
Clerk
COUNTY OF SAN LUIS OBISPO
By:
Chair
Date:
Resolution No.
Date:, U �/
J Resolution No. g
APPROVED AS TO FORM AND LEGAL EFFECT
JAC CRAWFORD
Legal Counsel
By:
Legal Counsel
Dated:
Adopted by SLORTA. . 1998
SLORTA RA
Date:
Resolution No.
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San Luis O po Council c� Governments
Arrnyo CtraMe
Regional Transportation Planning Agency Atas Beach
Grover adern '
Metropolitan Planning Organization Morro Bay
Paso Robles
Census Data Affiliate Pismo Beach
San Luis Obispo '
Ronald L.:ncCuli - .Executive Director Service -Authority for Freeways and Expressways san;Lais Obispo Coupty
JOINT POWERS AGREEMENT
OF THE
SAN LUIS- OBISPO COUNCIL OF GOVERNMENTS
WITNESSETH: .
THIS.JOINT POWE,RS'.AGREEMENT is made and entered into this 17,th day of ,January,
19.26,' and amended on November.4; 1982, September 19; 19841 July 19, 1990, June. 10,' 1992; ,
June 2; 1993, June 8 1.994; and August 5, :1998 6y. and among such. of the incorporated does of
Arroyo Grande, Atascadero;::Ef.Paso de Aoblep.,'Grover..Beadi, ,Morro Bay; Pismo_ Beach,,and
San Luis`Obispo, a being municipal corporations of the State of.Califomia and located with the
boundaries . of the' County of San .Luis•.Obispo, California; as rtiay ;execute this 'Agreement,
hereinafter called . °CITIES ° grid' the Courity o(Son Luis Qbispo, a body politic and _corporate and.
a sdbdivisiori.of the State of.Califomia, hereinaftet called "COUNTY; as follows:.-.
WHEREAS;_ Section 6500; et seq ,,of the Califomia Govemment;Code (Citie'1; Division 7,
Chapter ;;, `Ar6de- �) provides fot agreements: between °.two, or. more public ..agencies to jointly -
exercise any power common to the toontracting parties; .'subject to:,cerlaih rrlandatciry: provisions
contained_ therein; and
WHEREAS, the: City of Sari Luis Obispo.by virtue. of its charter and the other incorporated
cities in the: County; parties hereto, by virtue o,.Sections.65600 -through 656b4,'inclusiyer of the..:'
CaClfomla Goverrlment'Cod' havethe jointand.mutual power to create an area.planning_counal;
and
-WHEREAS; ,COUNTY. ANd CI- hPS''did, in .1968,. jointly, execute an' `agreement
establishing such'a;planning;couf idl and now-Wish to amend and supersede -the same;: and
WHEREAS .8ect16p- 29532,.. Calif` omia`:Govemme,nt °.C6de;..proyides that•such-a, Planning
and. `Coondnating = ,Council shall be.: designated the, Regional Transportation Rlanning _:Agency ,
(RTPAj to'act in inatteis of transit and transpoitation planning, and
WHEREAS; it is desirable 'flint a. single agency lie, created .by and with the consent of
CITIES and COUNTI( to advise,, plan -for, and `suggest :solutions to common problezk assist in .
the :preparation of`plans and programs by 0112ing planning .talents. and general - plans.of th'e:
various'govemmental. jurisdidaons. in the County and of experts in various other; ilelds' and to
coordinate their efforts,'and
_<
WHEREAS, creation of sttd an agency and`ction by it upon certain plains and programs
is necessary to cginply:witil requirements': of federat.and state: legislation ,in order to. attidpate in .:
the -allocat bn and disbursement of ;state -and federal funds which..: may be desired, by .COUNTY
and 'CITIES in the -implementatlon''of plans and %programs_.which .have LiEeh approved by thelr
respedyVe .governing; bodies.
NOW; THEREFORE, it is agreed 9s follows
1 15o_Osos Street, Ste. 202, Satt Luis Obispo, CA §54014 Tel. ($05)'781-4119'+ Fax . (805) 781 -5703"
-mail. slocog@slonet-org'* Intemet. http: / /www.slbhet.org/- ipslocog
SLOCOG JOINT POWERS A _ EMENT PAGE NO.2
I. PURPOSE
The member cities and county have joined together to establish the San Luis Obispo
Council of Governments for the following purposes:
1. As a Regional Agency, address issues of mutual concern to the county and the cities in
the San Luis Obispo region, and satisfy federal and state planning and programming mandates.
2. Provide a forum for planning, discussion, and study of areawide issues; prepare and adopt .
regional plans and programs; serve as the regional agency for federal and state programs and
funding opportunities; and address other areawide issues bas_ ed on the desires of the member
jurisdictions.
3. Represent member jurisdictions as planner, programmer, and broker in developing an
efficient and effective multi -modal transportation system that provides for the mobil"dy needs of
people, goods, and services while protecting the environment.
4. Maximize state and federal funding and facilitate the development, coordination, and
implementation of local, and regional transportation programs to improve mobility and air quality.
5. Establish and operate a call box program in the County.
These purposes are to be achieved through the following methods:
1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG), the
Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA),
and the Service Authority for Freeways and Expressways (SAFE) for San Luis Obispo County.
2. Allocate applicable federal, state, and local transportation funds to member jurisdictions
consistent with appropriate federal and state statutes, policies, and regulations, and adopted
board policies and criteria.
3. Conduct a continuous, cooperative, and comprehensive inter -modal transportation
planning and project programming process that satisfies federal and state requirements.
4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement
of an effective and efficient inter -modal transportation system that satisfies the existing and
projected mobility needs of the region.
5. Develop and operate a Countywide call box system in coordination and cooperation with
the California Highway Patrol (CHP) and the California Department of Transportation
(CALTRANS).
6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-economic
and demographic data for integration into local and regional studies and plans.
7. Discuss and study area -wide problems of mutual interest and concern to the cities and
county and facilitate the development of policies and action recommendations for the solution of
such problems.
SLOCOG JOINT POWERS A/ ,EMENT PAGE NO.3
II. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS ( SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the establishment of
the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct
public entity, as the agent to exercise the common powers provided for in this Agreement, a_ nd to
administer or otherwise execute this Agreement.
When originally established; SLOCOG was known as the San Luis Obispo County and
Cities Area Planning and Coordinating Council, subsequently renamed respectively: the San Luis
Obispo Council of Governments ( SLOCOG), the San Luis Obispo Area Coordinating Council
(SLOACC), and back to SLOCOG. SLOCOG, as successor entity to the original COG
established in 1968, insofar as its predecessor entity has been designated, and insofar as legally
authorized shall function as:
1. An Area Wide Planning Organization (APO), as designated by the U. S. Department of
Housing and County Development (HUD);
2. A Council of Governments (COG), as designated by the Governor of the State of
Califomia;
3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of
Business and Transportation Agency of the State of California;
4. A Metropolitan Planning Organization (MPO) as designated by the U. S. Department of
Transportation; and
5. A Service Authority for Freeways and Expressways (SAFE) as designated by the County
of San Luis Obispo and a majority of cities with a majority of population.
6. A Census Data Affiliate as designated by the U.S. Bureau of the Census.
III. POWERS
The San Luis Obispo Council of Governments hereinafter called ° SLOCOG," is hereby
created as a voluntary agency pursuant to applicable provisions of the California Government
Code with the power to carry out the purposes hereinabove stated and to implement the approved
annual work program, including the power tm contract for goods and services; provide for
.employment of necessary personnel, experts and consultants; accept. gifts, loans, and grants.;
acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue
and be sued; and administer the affairs of SLOCOG hereby created in accordance with this
Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby declared by
COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not be the
debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise
provided herein.
SLOCOG JOM POWERS ZMENT � � PAGE NO.4
IV. MEMBERSHIP
1. Membership in SLOCOG shall be voluntary, but only the County of San Luis Obispo and
all cities incorporated in the County of San Luis Obispo presently or in the future, are declared
I ligible for membership in SLOCOG.
2. Representatives of the COUNTY and CITIES shall be appointed to serve on SLOCOG in
accordance with procedures established by each of the governing bodies of the member
agencies. Delegates to SLOCOG, referred to as "Board Members ", shall consist of the five
.members of the Board of Supervisors of the County of San Luis Obispo from time to time in office
and of one member from the governing body of each incorporated city within the boundaries of
the County of San Luis Obispo which is a party to this Agreement, with each incorporated area
being limited to one representative.
Representatives shall serve so long as they hold office with their member agency or until they
shall resign or be removed by a majority vote of their respective governing bodies. Vacancies
among representatives shall be filled in the same manner as the first appointment.
The Director of the California Department of Transportation, District 5, or his/her appointee, may
sit as an ex officio member of the Board.. He or she shall receive all meeting notices and
agendas, have the right to participate in Board_ discussions, and have the right to request matters
on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote..
3. Member city agencies may elect to have an alternate member(s) from their city council in
addition to any official member, but said altemate(s) shall be able to vote only in the absence of
the official representative.
4. Designation of the official representative or altemate(s), or changes thereto, shall be
transmitted in writing to the Executive Director of SLOCOG by the appointing city.
5. In addition to the incorporated cities presently a party to this Agreement, any other city
which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and
Which may desire to participate in the activities of the SLOCOG may do so by executing this
Agreement.without prior approval or ratiflcation of the named parties to this Agreement and "shall
thereafter be governed all the terms and provisions of this Agreement as of the date of
execution.
6. Membership shall be contingent upon the execution of this Joint Powers Agreement.
V. OPERATION
1. The powers of SLOCOG are advisory to the member agencies which execute this
Agreement except for those actions mandated by state or federal law for the processing of
applications submitted by any of the member agencies for federal and state grants or funds which
require action by SLOCOG. Nothing herein shall be construed to limit in any manner the power of
any of the parties to initiate and complete a local project within their respective jurisdictions with
their own funds. It is understood, however, that the recommendations of SLOCOG may have the
effect of precluding any. favorable action by an agency of the state or federal government in
support of such a project if other than local financing is sought, as determined by the respective
state or federal agency under law, regulations and policies applicable to them.
SLOCOG JOINT POWERS Af, 3MENT PAGE No. 5
2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG
pursuant hereto, other than expenses of its members, which are to be borne by their respective
entities, and the cost of services by the officers and personnel of the respective entities to said
SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be bome
by the respective entities.
All costs incurred by SLOCOG performing functions as the MPO and RTPA for San Luis
Obispo County as designated by the State shall be paid out of the transportation fund established
pursuant to Section 29530, et seq., G_ overnment Code as provided for therein, and State and
Federal planning funds.
All costs incurred SLOCOG performing functions as the SAFE for San Luis Obispo
County, as designated by adopted local resolutions, shall be paid out of the SAFE fund
established pursuant to Section 2550, of the Streets and Highway Code as provided for therein.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of
SLOCOG, including but not limited to salaries, office space, furniture, and services and supplies
shall be set forth in the budget as part of the annual work program of SLOCOG and shall be
funded from designated funds as approved by SLOCOG and applicable .state and federal
agencies. Extraordinary costs as recommended by SLOCOG shall be bome by contributions
from the member entities as approved by their governing bodies.
Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide
Planning Organization shall be set forth in the budget as part of the annual work program and
shall be funded from contributions from member entities as approved by their governing boards or
from designated funds as approved by SLOCOG and /or applicable state and federal agencies.
4. The annual work program and budget, when adopted, shall be the basis for operation of
SLOCOG for the fiscal year. Any deviation from the work program affecting the budget shall be
approved by SLOCOG. Any extraordinary costs which have not been funded as part of the COG,
MPO, RTPA and SAFE budget requiring local contributions, shall be returned to the member
agencies for approval.
5. For purposes of conducting business, there shall be present a quorum consisting of a
majority of representatives, including one (1) COUNTY representative. No action shall be
effective without the affirmative votes of a. majority of those present. However, eight (8)
affirmative votes shall be required for taking any action in the event any agency demands such a
vote. The representatives to SLOCOG shall adopt such procedures as are consistent. with this
Agreement and necessary to conduct the business of SLOCOG in an orderly manner.
VI. OFFICERS
1. Officers. The officers of SLOCOG shall consist of a President and Vice President elected
fora tern of one year by a majority vote of member agency representatives to SLOCOG.
2. Both the President and Vice- President of SLOCOG shall be elected at the January
meeting.
3. The officers shall serve until their successors are elected.
SLOCOG JOINT POWERS/ EMENT PAGE NO.6
4. The duties of the officers shall be as follows:
a. President:
1) Shall preside over all meetings of SLOCOG and the Executive Committee as
Chairperson.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said SLOCOG.
4) Shall be an ex -officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of SLOCOG:
b. Vice- President:
1) Shall serve as President Pro-tem (delegated to temporarily serve as chair) in the
absence of the President.
2) Shall give whatever aid is necessary to the President in administering SLOCOG.
3) Shall be an ex -officio member of all committees.
5. In the event of a vacancy occurring in the office of either the President or Vice- President
upon said officer's death, resignation, removal or his/her ceasing to be an official representative of
a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the
SLOCOG with the officer elected to serve for the balance of the unexpired term.
VII. PERSONNEL AND SERVICES
1. Executive Director. The Executive Director shall be selected by, and shall serve at the
pleasure of and upon the terms prescribed by the SLOCOG Board. The powers and the duties of
the Executive Director are to:
a. Serve as the chief administrative officer for SLOCOG and to be responsible to
SLOCOG for the administration of all SLOCOG affairs.
b. Supervise and direct the preparation of the annual work program and budget to
SLOCOG and be responsible for its implementation after adoption by SLOCOG.
c. Attend meetings of SLOCOG Board and act as Secretary to the SLOCOG Board.
d. Disburse all funds in accordance with the policies of the County- Treasurer and the
County Auditor /Controller and the budget and work program adopted by SLOCOG.
e. Prepare and submit to SLOCOG periodic financial reports and prepare a written year
end report reflecting activities of the preceding fiscal year, said year end report to be
distributed to each of the participating member bodies.
f. Appoint, supervise, suspend, discipline, or remove SLOCOG employees subject to
policies and procedures adopted by SLOCOG.
g. Maintain a record of all financial transactions, correspondence and reports of
SLOCOG.
SLOCOG JOINT POWERS A/' 'EMENT PAGE NO.7
h. Contract and assure completion of an annual fiscal audit of SLOCOG and a triennial
performance audit of SLOCOG.
i. Perform such other duties as SLOCOG may require in carrying out the policies and
direction of SLOCOG Board.
Maintain custody and control of all property of SLOCOG, other than monies and
securities.
2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as legal
counsel at the pleasure of SLOCOG Board and shall be reimbursed for services rendered.
3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the Treasurer of the
SLOCOG.
Treasurer shall:
a. Receive and receipt all money of SLOCOG and place it in the treasury of San Luis
Obispo County to the credit of SLOCOG.
b. Be responsible for the safekeeping and disbursement of all SLOCOG money held by
him/her.
c. Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or any
portion thereof, upon warrants of the SLOCOG controller designated herein.
d. Verify and report in writing as soon as possible after the first day of July, October,
January, and April of each year to SLOCOG the amounts of monies he/she holds for
SLOCOG, the amount of receipts since his/her last report, and any interest accrued to
those funds.
e. Invest.funds.
SLOCOG shall reimburse the Treasurer for the actual cost of services rendered.
4. Controller. The Auditor- Controller of the County of San Luis Obispo shall serve as the
Controller at the pleasure of the SLOCOG Board and shall be reimbursed for services
rendered.
The Controller shall:
a. Draw warrants to pay demands against SLOCOG when the demands have been
approved by the COG Board and/or the COG Executive Director. He /She shall be
responsible on his/her official bond for his/her approval of disbursement of SLOCOG
money.
b. Keep and maintain records and books of account under the custody of the Controller
on the basis of generally accepted accounting practices.
SLOCOG JOINT POWERS �/ CEMENT PAGE NO.8
c. Make available all such financial records of SLOCOG to a certified public accountant
or-public accountant contracted by SLOCOG to make an annual audit of the accounts
and records of SLOCOG. The minimum requirements of the audit shall be those
prescribed by the State Controller for special districts under Section 26909 of the
Government Code and shall conform to generally accepted auditing standards.
SLOCOG shall reimburse the Auditor /Controller for the cost of services rendered.
5. Bond Requirements
a. The Executive Director and such other employees of SLOCOG as may be designated
by the COG Board, shall file with SLOCOG an official fidelity bond in a sum
determined by the Council as security for the safekeeping of SLOCOG property
entrusted to such employees. Premiums for such bonds shall be paid by SLOCOG.
b. The County Treasurer, and Auditor - Controller shall be bonded or self4nsured through
the county in4ieu of bonds (in accordance with Govemment Code Section 24156) in the
sum of $1000.
Vlll. MEETINGS
1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more
frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of at least three
(3) representatives of SLOCOG. Actual notice of special meetings must be given at least three
(3) business days in advance.
3. Meetings shall be open to the public as required by state law:
4. Regular meetings shall be generally held in the first week of August, October, December,
February, April and June, as specified in the calendar adopted at the June and January meetings.
5._ The Executive Director of SLOCOG will direct the publication of notices of all meetings
pursuant to state law.
6. Only official representatives or alternates shall represent a member of SLOCOG or vote
on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG. Agenda
material shall be submitted to the Executive Director at least fourteen (14) calendar days prior to
the next regular meeting and distributed to members at least twelve (12) calendar days prior to the
next regular meeting to allow member agencies to advise their representatives on tentative vote
subject to independent judgment of delegate based on public testimony. Unless authorized by
four -fifths vote of the representatives at a regular meeting, only agenda items shall be considered
by SLOCOG pursuant to provisions of the Brown Act.
8. SLOCOG, at the discretion. of the President may memorialize any of its actions by
resolution.
SLOCOG JOINT POWERS AGRLMENT PAGE NO.9
9. Robert's Rules of Order, or such other rules as SLOCOG may adopt, will govern all
proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and
shall be submitted to member agencies.
IX. COMMITTEES
1, Committees and subcommittees may be established as SLOCOG may deem appropriate.
2. Membership on "ad -Hoc' policy committees shall be at the discretion of the President..
Nothing herein shall be construed to limit membership on these aforesaid committees to officials
of the member agencies. The President may appoint any individual deemed qualified to serve on
a committee.
3. Standing committees shall include the:
a. Administration Committee, comprised of all managers and administrators of
member jurisdictions;
b. Technical Transportation Advisory Committee (TTAC) and the Citizen's
Transportation Advisory Committee (CTAC) to advise the board on transportation issues
per adopted Committee bylaws.
c. Regional Transit Advisory Committee serving as the Regional Transit Productivity
Committee to advise the board on the efficiency and effectiveness of transit systems and
fulfill all responsibilities as required by Sections 99238 and 99244 of the Public Utilities
Code; and
d. An Executive Committee comprised of the President, Vice President and the past
President and at least one representative from the county of San Luis Obispo (if none of
the above). Said committee is to advise the Executive Director and SLOCOG on: draft
agendas, personnel issues, budget and Overall Work Program; controversial, sensitive
and major policy issues; and shall facilitate the annual performance evaluation of the
Executive Director. Items for review shall be selected by the Executive Director with
consultation by the President. All Committee members may include agenda items as
they desire. For purposes of conducting business, a quorum shall constitute two
members.
4. No committee shall commit SLOCOG on any matter or questions of policy. Such matters
or questions can only be decided by SLOCOG.
5. All committees shall receive clerical assistance from SLOCOG staff for the purpose of
maintaining minutes of meetings and other such duties as the Executive Director may direct. The
chair of each committee shall sign the original copy of the minutes indicating verification of
contents upon committee adoption. Copies of minutes of all meetings shall be sent to members
of SLOCOG and the Executive Director.
SLOCOG JOINT POWERS CEMENT PAGE NO. 10
X. FINANCE
1. SLOCOG shall have no power to expend funds on any project for which funds have not been
budgeted, nor on any item in excess of the budgeted amount.
2. The Treasurer of the County of San Luis Obispo is designated the depository, and shall have
custody of all money of SLOCOG from whatever source received. SLOCOG shall contract with
an independent certified professional accountant to conduct annual fiscal audits as required by the
California Public Utilities Code Section 99245 and the Federal Single Audit Act of 1984.
XI. CITIZEN INVOLVEMENT
SLOCOG shall carry out a process for citizen involvement in major decisions in accordance with
an adopted Public Involvement Plan for Transportation Planning. Such process shall include:
Transportation Advisory Committee(s) for advising SLOCOG on transportation issues; legal
notices, and or press releases for adoption of all plans and for the allocation of and prioritization. of
funding; and widespread distribution of an agency newsletter.
MI. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assign representatives
to serve as official members of SLOCOG or any committee or subcommittee thereof who shall act
for and on behalf of their city or county in any or all matters which shall come before SLOCOG,
subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY.
2. Any party to this Agreement may withdraw from SLOCOG and terminate its participation in
this agreement by resolution of its governing body. The withdrawal of the member shall have no
effect on the continuance of this Agreement among the remaining members and the Agreement
shall remain in full force and effect as respects the remaining members.
3. A member withdrawing shall not be liable for the payment of further contributions falling
due beyond the date of withdrawal and shall have no right to reimbursement of any monies
previously paid to SLOCOG, provided, however, that SLOCOG may authorize a reimbursement if
in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the
operation of SLOCOG. If any party hereto fails to pay its contribution, as determined by
SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG.
4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations and for
the return of any surplus funds of SLOCOG in proportion to the contributions made.
XIII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the
governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to
resolutions of such governing bodies authorizing such execution and shall remain in full force. and
effect until dissolved pursuant to the provisions- herein. This Agreement may be executed in eight
(8) counterparts which together shall constitute a single agreement.
SLOCOG JOINT POWERS A ""EMENT PAGE 140. 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Resolution No.
Clerk
CITY OF GROVER BEACH
By: Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By:
Mayor
Clerk
CITY OF PASO ROBLES
By:
Mayor
Clerk
Date:
Resolution No..
Date:
Resolution No.
SLOCOG JOINT POWERS / 'FEMENT
CITY OF PISMO BEACH
By:
Mayor
Clerk
Date
Resolution No.
CITY OF SANLUIS By" e! .,
..r
Resolution No.
clerk r
COUNTY OF SAN LUIS OBISPO
By:
Chair
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAC CRAWFORD
SLOCOG Legal Counsel
By:
Dated:
Legal Counsel
Adopted by SLOCOG August 5, 1998
Date:
Resolution No.
PAGE NO. 12
X swver�-1Wd1ZVMPLLWORKPROCane, n100 - A9w�yndmhWA6w M- B=d,Cmvyift &ppott=B=dUPAS%.ococ.PAdw
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RESOLUTION NO. $865 (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF'SAN LUIS OBISPO AND THE SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 1998-
JUNE 30, 2000
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Staff Officers' Association- (SLOPSOA), 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: Joe Hazouri, SLOPSOA President and
Ann Slate, Personnel Director.
Onmotionof Council Member,;Villiamssecondedby Council Member Roalm4n
and on the following roll call vote:
AYES: Council- Member Roalman, Romero; Schwartz, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 10 thday of November, 1998.
R 8865
Resolution No. 8865 (1998 Series)
Page 2
ATTEST:
Lee Price,
City Clerk
APPROVED AS TO FORM:
WIMA AP
Smoa:98- resolution
` f r
/A�Lll�
J �r - `��.
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION
DULY 1,'1908 - JUNE 30, 2000 II
�IIII�I�IIhI� I�i���� �I�IIjpIiURl��illq����u city o
San Luis OBISPO
TABLE OF CONTENTS
Article No.
Title
Page No.
1
Parties to Agreement
2
Recognition .........................................................
2
3
Check Off/Dues Deduction
4
Employee Rights
5
Management Rights
5
..............................................
6
Representative Role
6
..............................................
7
Renegotiations
8
Salary .................................................................
8
9
Overtime
10
Payday ..............................................................14
11
General Provisions
12
Health Care Insurance
13
Retirement
14
Uniform Allowance
15
Holidays
16
Vacation Leave
17
Administrative Leave
18
Sick Leave
19
Family Leave
29
......................................................
20
Bereavement Leave
21
Grievance Procedure
22
Disciplinary Action .............................................
35
- 23
Impasse Procedure .............................................
36
24
Full Agreement ..................................................
39
25
Savings Clause ..................................................
40
26
Term of Agreement ............................................
41
27
Authorized Agents..............................................42
28
Term of Agreement............................................43
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 10th day of November, 1998, by
and between the City of San Luis Obispo, hereinafter referred to as the City, and
the San Luis Obispo Police Staff Officers' Association, hereinafter referred to as
the Association.
1
ARTICLE 2
r
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No.
6620 (1989 Series), the City hereby recognizes the San Luis Obispo Police Staff
Officers Association as the exclusive bargaining representative for purposes of
representing regular and probationary employees occupying the position
classifications of Police Sergeant, Police Lieutenant and Police Captain for the
duration of this Agreement.
2
ARTICLE 3
CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association on a semi-monthly basis for the duration of this Agreement,
which dues shall not include assessments.
3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by
the City's Finance Officer and a notification of all dues transactions shall
be sent semi-monthly to the Association President.
3.3 The Association shall hold the City harmless from any and all claims, and
will indemnify it against any unusual costs in implementing these
provisions.
3
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer -employee relations including, but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to join or participate in
the activities of employee organizations and shall have the right to represent
themselves individually in 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.
.,I
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissions and boards;
set standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve
its employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of government operations; determine the methods, means
and personnel by which government operations are to be conducted; determine
the content of the job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its
organization and the technology for performing its work.
J
5
ARTICLE 6
REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than
three employee members and one employee observer to meet and confer with
the Municipal Employee Relations Officer and other management officials (after
written certification of such selection is provided by the Association) on subjects
within the scope of representation during regular duty or work hours without loss
of compensation or other benefits. The Association shall, whenever practicable,
submit the name(s) of each employee representative to the Municipal Employee
Relations Officer at least two working days in advance of such meetings.
Provided further:
(1) That no employee representative shall leave his or her duty or work l
station or assignment without specific approval of the Police Chief or
other authorized City management officials. If employee
representatives cannot be released, the date of the 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.
ARTICLE 7
RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make
changes to this Agreement, that party shall serve upon the other its written
request to negotiate, as well as its initial proposals for an amended Agreement.
Such notice and proposals must be submitted to the other party between 15
April and 1 May. If notice is properly and timely given, negotiations shall
commence no later than 15 May.
7
ARTICLE 8
SALARY
8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT
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 in the Association employed by the City on the date this
agreement is formally approved by the City Council:
July 1998 3.0%
January 1999 1.5%
July 1999 3.0%
January 2000 1.5%
8.2 NEW INITIAL STEP
Newly hired/promoted employees shall be placed in salary ranges
containing a new lower step which shall be 95% of the existing Step A. 1
Concurrently, step advancement rules shall be changed so that the
eligibility for all step advancement shall occur at 12 month intervals subject
to other City rules and regulations.
8.3 RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (A through F). Steps A through
E equal 95% of the next highest step, computed to the nearest one
dollar.
Step E = 95% of Step F
Step D = 95% of Step E
Step C = 95% of Step D
Step B = 95% of Step C
Step A = 95% of Step B
E
Each across -the board % salary increase shall raise step F of the
i
respective range by the %. After all step F's of salary ranges have
been established, each step F shall be rounded off to the nearest
$1.00 and the remaining steps established in accordance with the
above formula.
2. The time in step progression for employees with satisfactory
performance will be as follows:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
1 year at Step E
3. Employees who are eligible for advancement to step E or F must
receive a "Meets Performance Standards" or better on the overall
i
rating on their most recent Performance Appraisal prior to or
coincident with their being eligible for advancement by time in grade.
4. The Police Chief shall be authorized to reevaluate employees who
reach Step F in their pay range. An employee who is not performing
up to standard for the sixth step shall be notified in writing that the
Police Chief intends to reduce him/her one step unless his/her job
performance improves significantly within a 60 day period. Unless the
employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The
sixth step may be reinstated at any time upon recommendation of the
Police Chief. If the Police Chief deems it necessary to again remove
9
the sixth step during the same fiscal year, he/she may make the
change at any time with three business days' advanced written notice.
10
ARTICLE 9
OVERTIME - SERGEANTS
9.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in
the employee's 28 day work period. Vacation, holidays, sick leave, IOD,
and compensatory time off shall be considered hours worked when
computing overtime.
9.2 ELIGIBILITY
Sergeants (except the Administrative Sergeant) shall be eligible for
overtime pay.
9.3 SHIFT ADJUSTMENT
When requested to do so with at least 48 hours notice, sergeants will shift
3
adjust hour for hour for time spent on administrative assignments.
Administrative assignments shall include attending meetings, internal
affairs investigations, background investigations, and other duties of an
administrative nature. Shift adjustments will occur during the same 28 day
work period.
9.4 COMPENSATION
A. Overtime hours 161 through 171 worked in the employee's 28 day
work period, shall; at the employee's option, be compensated in cash
at time and one half the employee's regular rate of pay or in time off
compensated at time and one half. However, no employee shall
accumulate and have current credit for more that 48 hours of
11
compensatory time off.
B. Overtime earned in excess of the first 11 hours of overtime earned in
the employee's 28 day work period, shall be compensated in cash at
time and one half the employee's regular rate of pay.
9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work
outside of the employee's normal work hours, if a minimum applies as
found in this article, then the employee has the choice of taking the
minimum or taking the pay for the work actually performed.
9.6 CALL BACK
Employees called back to work at other than their normally scheduled shift
shall be guaranteed two-hour minimum payment at time and one half.
t
9.7 COURT TIME
A. Employees reporting for court duty shall be guaranteed two hours
minimum payment at straight time when assigned to the day watch or
three hours minimum at straight time when assigned to night watch.
B. Employees required to work through the lunch break while on court
duty shall be credited with time worked.
C. Two or more court cases occurring within the minimum time period
shall be subject to a single minimum payment.
9.8 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing, and do, shall be
paid for such attendance. Payment shall be considered overtime and paid
12
as such if the hours fall within the definition of overtime.
9.9 TRAINING
Employees called back for training sessions authorized by the Police Chief
or Watch Commander shall be guaranteed two-hour minimum payment at
straight time.
9.10 RANGE QUALIFICATION
A. Sworn personnel shall be guaranteed two hours at straight time when
participating in range qualification training when off duty.
B. Each sworn employee who shoots for qualification shall be provided
100 rounds of practice ammunition each month.
13
ARTICLE 10
PAYDAY
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
ARTICLE 11
GENERAL PROVISIONS
11.1 PAYCHECKS PRIOR TO VACATION:
If an employee is taking vacation leave and wishes to receive his regular
paycheck before payday, the employee must notify the Finance
Department in writing at least two weeks prior to the start of vacation
provided the employee has sufficient vacation time coming to cover the
pay period.
11.2 MANAGEMENT BENEFIT:
Employees filling these positions shall receive $25,000 term life
insurance, paid by the City, for recognition of their management
responsibilities. Effective January 1, 1999, long-term disability insurance
r
shall no longer be provided at City cost.
11.3 WORKING CONDITIONS:
An officer's place of residence shall be within a 45 minute driving radius
from the San Luis Obispo Police Department.
15
ARTICLE 12
HEALTH CARE INSURANCE
12.1 CONTRIBUTION
City agrees to contribute $400.00 per month for medical, dental, vision
and life insurance for each regular, full-time employee covered by this
Agreement.
12.2 INSURANCE COVERAGE
PERS Health Benefit Prooram
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 5% per year of the City's contribution for the active
employees until such time as the contributions for employees and retirees
are equal. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan. The cost
of the City's participation in PERS will not require the City to expend
additional funds toward health insurance beyond what is already provided
for above in Section A. In summary, this cost and any increases will be
borne by the employees.
12.3 Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the
m
unused portion of the City's contribution (after dental and vision is
i
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.
12.4 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 PERS.
12.5 Life Insurance
Employees in the Police Staff Officers Unit shall have life insurance
coverage of Twenty-five Thousand Dollars ($25,000).
12.6 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 -voting representative to provide a wider range of
17
viewpoint for discussion. The vote of each voting representative shall be
weighted according to the number of employees represented by the
Association.
A. Duties and Obligations of the Medical Plan Review Committee
1. Review and suggest changes for the City's flexible benefits
plan and the insurance plans offered under the MOA.
2. 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.
3. Disseminate information and educate employees about the
City's flexible benefits plan and the insurance plans offered
under the MOA.
1
4. Participate in other related assignments requested by the City
and its employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
conferring.
2. 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.
3. If changes to the City's flexible benefits plan are subject to
ii3
meet and confer requirements, the City and the Association
agree to meet and confer in good faith.
4. 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.
C. City agrees to continue its contribution to the Cafeteria Plan for two
pay periods in the event that an employee has exhausted all paid
time off due to an employee's catastrophic illness. That is, the
employee shall receive the regular City health benefit contribution for
the first two pay periods following the pay period in which the
employee's accrued vacation and sick leave balances reach zero.
19
ARTICLE 13
RETIREMENT
13.1 Effective 1 July 1987, City agrees to provide the Public Employees'
Retirement System's (PERS) 2% at 50 for sworn personnel with sick
leave credit, Post Retirement Survivor Allowance, the 1959 Survivor's
Benefit, age 50 voluntary retirement, and one-year final compensation.
All employees hired as sworn officers on or after 1 July 1987 shall have
their final compensation for retirement purposes figured on their highest
three years.
13.2 Effective the first day of the first pay period following July 1, 1996, the
City will discontinue paying the employees' share of the PERS
Contribution (9%). The 9% will be added to the base salary schedule,
and reported as compensation to PERS. The employee will pay directly to
PERS their contribution amount on a pre-tax basis pursuant to Section
414 (n) (2) of the Internal Revenue Code (IRC).
13.3 The employee will be responsible for any and all tax liability incurred
should the IRC provision become invalid.
13.4 The City agrees to amend the PERS contract to provide for the Fourth
Level of 1959 Survivor Benefit if and when the SLOPOA agrees to such
an amendment in accordance with PERS regulations.
13.5 Upon the request of either the Association or the City, the parties agree
to meet and confer on the subject of using salary to provide for enhanced
retirement benefits in the following areas if agreed to by the SLOPOA:
20
1. Section 213335 - Retirement Annual Cost of Living allowance
increase.
2. Section 21024 - Military Service Credit as Public Service.
21
ARTICLE 14
UNIFORM ALLOWANCE
14.1 Each employee required to wear a uniform shall receive an annual uniform
a►lowance as provided below and is expected to purchase and maintain in
good repair all required uniform pieces.
14.2 The uniform allowance shall be $775.00.
14.3 This shall be issued to the employee each July in a lump sum payment on
a separate check exclusive of any taxes or other withholding unless
specifically required by federal or state law.
14.4 If an employee is off duty for more than three pay periods, the following
July's allowance shall be reduced by the appropriate prorated amount.
22
ARTICLE 15
i
HOLIDAYS
15.1 For all employees, holiday leave shall be accrued as earned each payroll
period at a rate of 8 hours per month. The following days of each year
are designated holidays for non -shift employees:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents' Day
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
One-half day before Christmas Day
December 25 - Christmas
One-half day before New Year's Day
One Floating Holiday
15.2 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.
15.3 Except with the prior approval of the Chief, non -shift personnel shall take
the holidays as scheduled above.
15.4 If the department is unable to allow shift employees to take holiday leave,
the Chief may approve payoff of holiday leave on a straight time basis.
The payoff may occur once quarterly. This payoff is subject to annual
approval of the Chief.
15.5 Shift employees may accrue a maximum of holiday time not to exceed
their annual rate.
23
ARTICLE 16
VACATION LEAVE
16.1 Each incumbent of a 40 hour week line -item position shall accrue
vacation leave with pay at the rate of 96 hours per year of continuous
service since the benefit date for the first five years, 120 hours per year
upon completion of five years, 144 hours per year upon completion of ten
years, and 160 hours upon completion of twenty years. Employees
scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days pro -rated to the number of regularly scheduled
work hours.
16.2 An incumbent is not eligible to use vacation leave until accrued.
16.3 A regular employee who leaves the City service shall receive payment for
any unused vacation leave.
16.4 Vacation schedules must be reviewed by the Chief or his/her designee
prior to the scheduled vacation. Vacation schedules will be based upon
the needs of the City and then, insofar as possible, upon the needs of the
City and then, insofar as possible, upon the wishes of the employee. The
department 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. However, in no event shall more than one such extension be
granted in any calendar year.
16.5 Any employee who is on approved vacation leave and becomes eligible
M
for sick leave as defined in Section 2.36.420A of the Personnel Rules &
t
Regulations may have such time credited as sick leave under the
following conditions.
A. A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor upon
returning to work.
B. The vacation leave immediately ends and the employee reports to
work following the end of sick leave usage.
16.6 Vacation leave shall be accrued as earned each payroll period, provided
that not more than twice the annual rate may be carried over to a new
calendar year. It shall be the responsibility of the employee to plan
_J
vacations and receive departmental approval in a timely manner.
16.7 All employees in this unit are eligible once annually in December, to
request payment for up to 40 hours of unused vacation leave provided
that an employee's overall performance and attendance practices are
satisfactory.
25
17.1
17.2
17.3
ARTICLE 17
ADMINISTRATIVE LEAVE
The Administrative Sergeant, Lieutenants and Captain are exempt from
paid overtime except as specifically authorized by the Police Chief due to
extraordinary circumstances. In general, management employees are
expected to work the hours necessary to successfully carry out their
duties and frequently must return to work or attend meetings and events
outside their normal working hours.
In recognition of these requirements and the 24-hour staffing
requirements of Police Departments, all members of this unit shall be
afforded flexibility in managing their work load and time and are eligible to
take a maximum of 64 hours per calendar year of Administrative Leave.
Such leave may be taken at any time during the year. However, in cases
where an individual is not actively employed in an exempt position with
the city during the full year such leave shall be prorated or if the yearly
amount earned is changed during the year the amounts shall be prorated.
For purposes of computing monthly amounts the rate of 5.33 hours per
month may be used. Employees may request in December up to 40 hours
of unused Administrative Leave to be paid in cash provided that total
taken and paid does not exceed 64 hours during the calendar year.
Exempt employees understand that the nature of their jobs require that
they will work additional hours outside of their regularly scheduled shifts
for such activities as occasional meetings, paybacks, briefings, shift
26
preparation, etc. Subject to the approval of the Bureau Commander,
- exempt employees may shift adjust for such things as court,
administrative assignments, filling shift vacancies, lengthy or frequent
meetings, training, etc.
27
ARTICLE 18
SICK LEAVE
18.1 Accumulation of sick leave days shall be unlimited.
18.2 Upon termination of employment by death or retirement, a percentage of
the dollar value of the employee's accumulated sick leave will be paid to
the employee, or the designated beneficiary or beneficiaries according to
the following schedule:
A. Death - 25%
B. Retirement and actual commencement of PERS benefits:
1. After ten years of continuous employment - 10%
2. After twenty years of continuous employment - 15%
18.3 During the term of this agreement, the Association and City agree to
J
meet and confer on the subject of sick leave incentive programs.
ARTICLE 19
i
FAMILY LEAVE
19.1 An employee may take up to 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.
19.2 An employee may take up to 40 hours of sick leave per year if the family
member is part of the employee's household.
19.3 An employee may take up to 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.
19.4 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 house hold.
19.5 The amounts shown in A, B, and C above are annual maximums, not
maximums per qualifying family member.
19.6 In conjunction with existing leave benefits, unit employees with one year
of City service who have worked at least 1280 hours in the last year,
may be eligible for up to 12 weeks of Family/Medical Leave within any 12
month period. Family/Medical Leave can be used for:
A. A new child through birth, adoption or foster care (maternal or
paternal leave).
B. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
29
C. Placement of an employee's child for adoption or foster care.
i
D. A serious health condition which makes the employee unable to
perform the functions of his or her position.
19.7 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
off and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family/Medical Leave.
19.8 Employees on Family/Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However,
i
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.
19.9 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.
A. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's
"Guide to Family/Medical Leave Program".
30
ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due
to the death of a member of the employee's immediate family, meaning spouse,
child, brother, sister, parent, parent -in-law, step-parent, step -brother, step -sister,
grandparent, or any other relative living in the same household, provided such
leave as defined in this Article shall not exceed 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 concerning the death or relationship
shall be cause for discharge.
31
ARTICLE 21
GRIEVANCE PROCEDURE
21.1 A grievance is defined as an alleged violation, misinterpretation or
misapplication of the personnel rules and regulations or of any
Memorandum of Agreement, excluding disciplinary matters, or any
existing written policy or procedure relating to wages, hours or other
terms and conditions of employment excluding disciplinary matters.
21.2 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the
immediate supervisor shall discuss the grievance with the
supervisor's immediate superior. The employee shall have the right
to choose a representative to accompany him/her at each step of the
process. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered
terminated.
B. If still dissatisfied, the employee may immediately submit the
grievance in writing to the Police Chief 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 15 business days of the
occurrence of the grievance. The Police Chief shall promptly
consider the grievance and render a decision in writing within 15
business days of receiving the written grievance. If the employee
i
32
accepts the Police Chief's decision, the grievance shall be
i
considered terminated.
C. If the employee is dissatisfied with the Police Chief's decision, the
employee may immediately submit the grievance in writing to the
Personnel Director within five business days of receiving the Police
Chief's decision. The Personnel Director shall confer with the
employee and the Police Chief and any other interested parties, and
shall conduct such other investigations as may be advisable.
D. The results or findings of such conferences and investigations shall
be submitted to the City Administrative Officer in writing within
fifteen (15) business days of receiving the employee's written
request. The City Administrative Officer will meet with the
employee if the employee so desires before rendering a decision with
respect to the complaint. The City Administrative Officer's decision
shall be in writing and given to the employee within 15 business
days of receiving the Personnel Director's results and findings. Such
decision shall be final unless the employee desires the Personnel
Board to review the decision. If such is the case, the employee will
have five business days following receipt of the City Administrative
Officer's decision to submit a written request to the Personnel Board
through the Personnel Director for a review of the decision. The
Personnel Board within 30 business days shall review the record and
either (1) issue an advisory opinion to the City Administrative
33
Officer; or (2) conduct a hearing on the matter. If a hearing is held,
an advisory opinion shall be rendered by the Board within 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 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 15 business days of submittal.
34
ARTICLE 22
DISCIPLINARY ACTION
Except in regards to disciplinary suspensions of less than one work week, the
standards for the discipline of exempt employees shall generally be consistent
with the standards for discipline of non-exempt employees. Thus, such exempt
employees may be subject to termination, demotion or reduction in compensation
for any of the reasons set forth in Section 2.36.320 of the Personnel Rules and
Regulations. In conformity with the Fair Labor Standards Act, a disciplinary
suspension of less than one week may be imposed only for a violation of city
safety rules of major significance. Minor violations of rules and regulations may
result in lesser disciplinary actions, such as oral or written reprimands,
t counseling, or special training, etc.
35
ARTICLE 23
IMPASSEPROCEDURE
23.1 MEDIATION
A. Mediation may be requested only after the possibility of settlement
by direct discussion (meet and confer) has been exhausted.
Mediation may be requested by scheduling a meeting with the
Employee Relations Officer (CAO).
1. The Employee Relations Officer shall convene a meeting
between the chief negotiator for the Association, one other
representative of the Association, the Employee Relations
Officer and one other representative of the City:
a. To review the position of the parties in a final effort to y
l
reach agreement or reduce the points of disagreement;
and
b. If agreement is not reached, to make arrangements for
mediation.
B. Following the meeting with the Employee Relations Officer, only the
disputed issues shall be submitted to mediation. The mediator shall
be selected from the State Mediation and Conciliation Service by
mutual consent. All mediation proceedings shall be private and
confidential and the mediator shall make no public recommendation
nor take any public position at any time concerning the issue. Any
KN
fees or expenses of mediation shall be shared equally by the City
and the Association.
C. Mediation shall be terminated if agreement has not been reached in
30 days unless extended by mutual agreement.
23.2 FACT-FINDING
A. If mediation fails to resolve all issues, the unresolved issues shall be
referred to "fact-finding." The fact -finder shall be selected by
mutual consent.
B. The City and the Association shall submit its position on each
unresolved issue and its last offer of settlement to the fact -finder.
After due consideration, the fact -finder shall recommend on each
issue using factors traditionally taken into consideration in
determination of wages, hours and other terms and conditions of
employment in the public sector.
C. Within 10 days of commencing fact-finding, recommendations of the
fact -finder shall be reported in writing at a meeting of
representatives of the City and the Association. Each party shall
accept, reject or propose alternatives to the fact -finder's
recommendations. Any recommendations or alternatives not
accepted by both parties within 15 days of receiving the fact -
finder's recommendations will be presented to the City Council.
D. After a hearing where the chief negotiator for the Association, one
other representative of the Association, the Employee Relations
37
Officer and one other representative of the City have presented their
i
position on the fact -finder's recommendations, the City Council may
accept or reject any recommendation. All proceedings and
recommendations of fact-finding shall be private and confidential.
Any fees or expenses shall be equally shared by the City and the
Association.
Rh
ARTICLE 24
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association. This Agreement
supersedes all previous Memoranda of Understanding or Memoranda of
Agreement between the City and the Association except as specifically referred
to in this Agreement. In the event any new practice or subject matter arises
during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer
upon request.
39
ARTICLE 25
SAVINGS CLAUSE
If any provisions of this Agreement should be held invalid by operation of law or
by any court of competent jurisdiction, or if compliance with or enforcement of
any provision should be restrained by any tribunal, the remainder of this
Agreement shall not be affected thereby, and the parties shall enter into a meet
and confer session for the sole purpose of arriving at a mutually satisfactory
replacement for such provision within a 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.
.M
ARTICLE 26
TERM OF AGREEMENT
This Agreement shall become effective upon adoption of Council, except that
those provisions which have specific implementation dates, shall be implemented
on those dates and shall remain in full force and effect until midnight June 30,
2000.
FE
ARTICLE 27
i
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address: 1042 Walnut Street, San Luis Obispo, California 93401;
telephone: (805) 781-7313).
B. Management's principal authorized agent shall be the Personnel
Director or his/her duly authorized representative (address: 990 Palm
Street, San Luis Obispo, California 93401; telephone: (805)
781-7252).
42
ARTICLE 28
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1998 and shall continue in full
force and effect until expiration at midnight, June 30, 2000.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are
Police Sergeant, Police Lieutenant and Police Captain.
2. This Agreement does not apply to Temporary Employees or Part-time
Employees.
This Agreement was executed on November 2, 1998 by the following parties:
CITY OF SAN LUIS OBISPO
OIj,fA/OU
Ann Slate, Personnel Director
SAN LUIS OBISPO
POLICE STAFF OFFICERS
ASSOCIATION
J& Hazouri, Pr dent, SLOPSOA
43
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RESOLUTION NO.8861 (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE.AND
ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY, FOR ANNEXATIONS OF THE FULLER ROAD AREA
(LAFCO APPLICATION #53), AERO DRIVE (LAFCO APPLICATION #52),
AND THE REST OF THE UNINCORPORATED AIRPORT AREA
WHEREAS, in the case of a jurisdictional change other than a city incorporation or
district formation which will alter the service area or responsibility of a local agency, Revenue
and Taxation Code Section 99(a)(1) 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, when a special district is involved, the negotiations are conducted by the
Board of Supervisors of the County on behalf of the district or districts, unless odowise requested
by said district or districts pursuant to Revenue and Taxation Code Section 99(b)(5); and
WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to
accept the negotiated exchange of 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 the County Auditor, and the County Auditor shall thereafter make the appropriate
adjustments as required by law; and
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(a)(1), for the jurisdictional changes designated as
Annexation No. 53 to the City of San Luis Obispo (Fuller Road Area Annexation), Annexation
No. 52 to the City of San Luis Obispo (Aero Drive Annexation), and the anticipated annexation
of all or parts of the unincorporated Airport Area as designated on the City's General Plan; and
� I
Resolution No. 8864' (1yy8 Series)
Page 2
WHEREAS, the negotiating parties, to wit: Lee Williams, Deputy County Administrator,
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:
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 base 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 1999 -2000 and each fiscal year
thereafter.
(c) All annual tax increment for the County Road Fund shall be transferred to
the County General Fund.
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 to property
tax revenues and annual tax increments asset forth above.
4. The City of San Luis Obispo agrees that all future annexations to the City of San
Luis Obispo associated with that area commonly referred to as the Airport Area, as shown on the
shaded areas on the attached map (exclusive of the Margarita Area), shall be governed as per the
following:
(a) No annual property tax increment shall be transferred from the County of
San Luis Obispo to the City of San Luis Obispo subsequent to said annexation; and
(b) All sales taxes accruing from areas within the Airport Area, as defined
above, shall, from the point in time of said annexation, accrue to the City of San Luis
Obispo.
(c) All other future annexations to the City of San Luis Obispo shall be
governed by the existing Countywide Property Tax Exchange agreement entered into
between the City and the County.
Resolution No. 88§4 (1998 Series) JI
Page 3
5. 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.
Council Member Schwartz Vice Mayor Romero
On motion of , seconded by Y and on
the following roll call vote:
AYES: Council Members Romero, Williams, Schwartz, Mayor Settle
NOES: None
ABSENT: Council Member Roalman
the foregoing resolution was passed and adopted this 20 day of ctober 1998.
layor Allen Settle
Lee Price, City Clerk
APPROVED:
Jeffrey G. Jorgensen, City Attorney
Resolution 8864 1998 Serie
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RESOLUTION NW863 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ENDORSING THE PARKS AND RECREATION FOUNDATION
WHEREAS, a Community Parks and Recreation Foundation will benefit all
organizations that provide leisure services; and
WHEREAS, a Community Parks and Recreation Foundation will assist members of the
community in raising funds for construction of new recreation facilities, improvements of
existing facilities, purchase of equipment, development of innovative recreation programs and
scholarships; and
WHEREAS, a Community Parks and Recreation Foundation can obtain grants from other
non -profit foundations; and
WHEREAS, a Community Parks and Recreation Foundation will be structured under its
by -laws so that it will not undertake any activity that is contrary to the goals and purposes of the
various community agencies that offer recreation and park services and will not accept funding
that merely redistributes existing community resources; and
WHEREAS, a Community Parks and Recreation Foundation will provide an umbrella for
local recreation and parks agencies to form new effective partnerships.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
That the San .Luis Obispo Community Recreation and Parks Foundation receives the
City's formal endorsement.
Upon motion of counc i 1 Member Williams, seconded by Vice Mayor Romero ,
and on the following roll call voter
AYES: Council Members Schwartz, Romero, Williams, Mayor Settle
NOES: None
ABSENT: Council Member Roalman
the foregoing resolution was adopted this 2n_ day of october , 1998.
R8863
Resolution No. 8863 (1998 Series)
Page 2
Mayor Allen Settle
ATTEST:
Lee Pnc�-, City Clerk
APPROVED AS TO FORM:
A
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eCity Attorney
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P�'
RESOLUTION NO. 8862 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A COMMUNITY PARTNERSHIP AND FOUNDATION POLICY
WHEREAS, there are many programs, projects and activities which are of interest to the
City and the community, but cannot be addressed directly due to limitations on the City's human
or financial resources; and
WHEREAS, the City of San Luis Obispo has a tradition of citizen involvement in its
programs, projects and activities; and
WHEREAS, City resources can be used in partnership with others to create opportunities
for otherwise unfeasible projects or programs; and
WHEREAS, under certain limited conditions the City and community can also benefit
from the establishment of a foundation to encourage public contributions and grant funding for
specific purposes that affect City programs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
The City of San Luis Obispo Community Partnership and Foundation Policy found in
Attachment 1 is hereby approved.
Upon motion ofCouncil Member Williams , seconded by vice Mayor Romero ,
and on the following roll call vote:
AYES: Council Members Schwartz, Romero, Williams, Mayor Settle
NOES: None
ABSENT: Council Member Roalman
the foregoing resolution was adopted this 2 n day of nr rnh,, '1998.
- Y�Aao��
Mayor Allen Se e
R8862
Resolution No. 8862 (1998 Series)
Page 2
APPROVED AS TO FORM:
CAttachement 1
Resolution 8862_
1998 Series
city of san Luis oBispo community
paRtnEaship and foundation policy
Purpose. There are many programs, projects and activities which are of interest to the
City and the community, but cannot be addressed directly due to limitations on the City's
human or financial resources. However, in keeping with the City's tradition of citizen
involvement; City resources can be used in partnership with others to create opportunities
for otherwise unfeasible projects or programs. The City encourages the formation of such
community partnerships whenever possible. Under certain limited conditions the City
will also consider endorsing the establishment of a foundation to encourage public
contributions and grant funding for specific purposes that affect City programs. Both
partnerships and foundations can be methods for the public to become more involved in
creating the quality of life that is so special to the residents.
A few examples of some successful City partnerships are:
• Performing Arts Center
• DARE Program
• Prado Day Center
• Santa Rosa Park roller hockey rink
• STAR At -Risk Program
• Creek Stewardship Program
I. COMMUNITY PARTNERSHIPS
Eligible Programs, Projects and Activities. On occasion, the City may propose a
partnership with another community organization. More often, however; partnerships
with the City are proposed by community organizations wishing to initiate or enhance
certain programs, projects or activities of special interest to them. In judging whether or
not to participate in such partnerships, the City will consider such things as:
• The level of public benefit offered by the partnership;
• The extent to which such a partnership will help advance existing City goals;
• Whether or not the partnership will help meet a currently unmet community need;
• The potential success and cost- effectiveness of the proposed partnership strategy;
• Whether or not the City is the appropriate public agency partner (or if another agency
would be more appropriate).
Eligible Community Partners. The City shall only form community partnerships with
entities that can demonstrate good organization and stability throughout the term of the
partnership. Non -profit organizations should have a board of directors and, if funding is
1
CI 'attachment 1
�ctesolution 8862_
1998 Series
to be received from the City, must be qualified under Section 501(c) of the Internal
Revenue Code. If no funding is to be received from the City, official non -profit status is
not required.
Community Partnership Agreement. All community partnerships require a formal
agreement between the City and. the partner(s). The agreement shall clearly define the
purpose of the partnership, the City's responsibilities, the partner(s)' responsibilities, the
level of in -kind (e.g., labor and materials) and direct financial support the City shall
contribute, the level of in -kind or financial support the partner(s) shall contribute, any
reporting responsibilities the partner(s) shall have and any other operational details
relevant to the purpose of the partnership. The City's standard contract agreement format
shall be used to document the partnership. If City funding, or significant in -kind support
is to be provided, or the purposes of the partnership could have major community impact,
the partnership agreement shall be approved by the City Council. Other agreements may
generally be approved by the City Administrative Officer.
Level and Type of City Support Because there is such a diversity in the nature of
potential partnerships, it is difficult to establish rigid parameters for an appropriate level
of City support. As a general guideline, it is reasonable to expect. the City and the
partner(s) shall each contribute half the cost toward a community partnership. However,
this ratio could vary depending upon the program/project cost, resources of the partner(s)
and level of interest on the part of the City. In -kind contributions shall be counted, as
well as actual cash, in calculating the total contribution of the parties. Once agreement is
reached on the levels of contribution by the parties, it will be documented in the
partnership agreement. The level of in -kind support to be committed from the City,
particularly the amount of staff support, shall be determined based on work load
considerations and the potential impact on other existing City services and priorities. In
particular; before the commitment of financial or in -kind support which cannot be easily
accommodated within existing departmental budgets, the availability of additional
funding must be determined.
Examples:
The City and the Central Coast Women's League form a partnership to enhance the
existing skate park The total cost of the enhancements is anticipated to be $40,000.
Each party commits to contributing $20,000 either in cash or in a combination of "in-
kind" services, e.g. volunteer or staff labor, and cash.
The City and Friends of Las Casas de Adobe (FOCA) form a partnership to rehabilitate
the three City-owned adobes. The total cost of the project is anticipated $1.2 million.
The parties agree that the City will provide $25, 000 in "seed money" from the General
Fund to allow FOCA to perform initial studies and establish fundraising mechanisms. In
addition the City agrees to provide certain assistance, such as tree trimming, and to
approve other sources of funding such as the Community Development Block Grant. The
City's funding commitment is documented in the partnership agreement. The Friends of
Las Casas de Adobe are responsible for the remaining funding: .
2
Attachment 1
Resolution 8862
1998 Series
Organizations which are formally approved partners of the City may be eligible for
certain benefits which are not normally made available to other groups. For example, use
of City equipment; such as the trolley or portable toilets, may be approved on a case -by-
case basis for official City partners.
Indemnification and Liability Insurance. Any partner(s) shall agree to indemnify the
City against all claims or actual liability arising out of the partnership. The City's
standard indemnification language shall be included in the partnership agreement. Any
partner(s) shall provide proof of insurance in accordance with the City's standard
Insurance Requirements for Contractors. Exceptions to the insurance requirements shall
be approved by the Risk Manager.
Promotion of Community Partnership Opportunities. Partnerships have become a
part of the City's standard set of problem solving tools, and this formalized policy shall
be made available to non -profit organizations within the community. In addition to being
receptive to partnerships proposed by such organizations, staff shall also consider, and
when appropriate recommend, partnerships as a way of completing City programs,
projects and activities that otherwise lack sufficient funding. The community will also be
encouraged to suggest potential partnership strategies when advocating to the City
Council for the initiation of new programs, projects; and activities (i.e. during the bi-
annual goal setting process)..
II. CITY - ENDORSED FOUNDATIONS
Formation of Community Foundations. The formation of community foundations has
become a way of tapping into new resources to support programs, projects, and activities
that benefit the public. While the City will not directly form such a foundation, under
certain conditions the City might endorse and assist in such efforts. In addition to
assuring public benefit, one key condition prior to endorsement or assistance is that the
proposed foundation is not being formed to compete for resources presently supporting
other non -profit activities in the community. Endorsement shall be by the City Council,
and forms of assistance provided by City staff shall be advisory only, such as reviewing
proposed bylaws to assure compatibility with City conditions and interests.
Purposes of a City- Endorsed. Foundation: A City- endorsed foundation's purpose shall
be to assist members of the community in raising funds for a particular program area that
is of benefit to the City, for example recreation and parks. Funds may be used for the
construction of new facilities, improvements of existing facilities, purchase of equipment,
development of innovative programs or providing scholarships or financial assistance to
program participants. Funds may be granted by the foundation to City departments or
programs, as well as to other organizations within the community which provide services
or opportunities within the given program area.
3
Attachment..]
Resolution 8862
1998 Series
The Endorsement Process. Endorsement of a local foundation shall be given by the
City Council through the adoption of a resolution. In order to consider the
appropriateness of an endorsement, the following will be considered:
o Non- profit status. The foundation must be qualified under section 501(c) of the
Internal Revenue Code.
• By -laws. A City- endorsed Foundation shall have formal by -laws which clearly state
the purpose of the foundation and provide operational directives which assure that the
foundation will satisfactorily meet the conditions of this policy.
• Board of Directors. City employees shall not serve on the board of directors of a
City- endorsed foundation.. However, as appropriate, City employees may serve in an
advisory capacity to the board of directors.
• Fiscal Provisions.
* A City- endorsed foundation shall not accept fund_ s that simply redistribute
existing community resources.
* A City- endorsed foundation shall avoid competing against other local non-
profit organizations for funds that have typically gone to these other
community organizations.
* A City- endorsed foundation shall not undertake a general fundraising
campaign. All fundraising shall be directed toward a particular defined
purpose. A City- endorsed foundations primary source of funds shall be
through the solicitation of grants, donations and bequests and the conducting
of special fundraising events for a particular purpose.
* A City- endorsed foundation shall allocate all funds raised to the particular
program, activity or facility stated to be the purpose for the fundraising.
4
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8861
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO MODIFY CONDITION NO.3 OF
USE PERMIT A 6 -96 TO EXTEND THE HOURS OF OPERATION OF THE
FOOD 4 LESS STORE AT 3985 SOUTH HIGUERA (U 37 -98)
WHEREAS, the City Council conducted a public hearing on October 20, 1998 to
consider the requested modification, testimony of interested parties, and the evaluation
and recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Findin¢_s. That this Council, after consideration of applicant's
request to expand the hours of operation for Food 4 Less to midnight for six months and
to 24 hours after that if no complaints have been received regarding impacts from the
expanded hours, public testimony, staff recommendation and reports thereof, makes the
following findings:
1. On July 2, 1996, the City Council approved Use Permit A 6 -96 with the
condition that the hours of operation be limited to 6:00 a.m. to 10 :00 p.m.
in response to neighborhood concern regarding the potential for adverse
impacts from late night noise, glare from lighting and traffic; and
2. The Food 4 Less business has been in operation since January 1998, from
6 :00 a.m. to 10:00 p.m., and during this time has not created late night
noise, lighting or traffic impacts which were of concern to the
neighborhood; and
3. Extending the hours of operation to midnight for a six -month trial period
and to 24 -hours for a second six - month trial period if no written
complaints have been received by the City regarding impacts from the
expanded hours, followed by a one -year review of the expanded hours of
operation by the City Council, will not create significant late night noise,
lighting or traffic impacts on adjoining residential neighborhoods.
SECTION 2. Approval. The request for the modification of condition no. 3 of
Use Permit A 6 -96 is hereby approved. The revised condition shall read as follows:
Food 4 Less hours of operation shall be limited to between 6.:00 a.m. to 12 :00
midnight from October 21, 1998.until April 21, 1999; a six month trial period. If
at the end of the six month period no formal written complaints regarding impacts
from the expanded hours have been filed with the City of San Luis Obispo
Community Development Department, the Food 4 Less business shall be allowed
R8861
C
8861
Resolution No. (1998 Series)
Page 2
to extend its hours of operation to 24 -hours a day for an additional six month trial
period. Prior to the end of the second six month trial period, the City Council shall hold
a public hearing on the one year review of the expanded hours of operation to determine
whether the expanded hours should continue or be reduced. All other tenant hours of
operation shall be limited to 6: 00 a. m. to 10.00 p. m.
On motion of Vice Mayor Romero , seconded by Cminr; 1_ _MPmt,P; -..W; t I_; ams
and on the following roll call vote`.
AYES:Council Members Romero, Williams, Mayor Settle
NOES: Council Member Schwartz
ABSENT: Council Member Roalman
the foregoing resolution was passed and adopted this 20 day of October , 1998.
i
May& Allen Settir
APPROVED AS TO FORM:
c4tAl
RESOLUTION NO. 8860 (1998 Seriesa)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF FISH AND GAME FOR THE PROJECT KNOWN AS
SAN LUIS OBISPO CREEK WALK
WHEREAS, the California Department of Fish and Game ( "Department ") has requested
proposals for fishery restoration work throughout the State of California,
WHEREAS, the Department has stated in its request for proposals that projects intended to
particularly benefit salmonid resources of the State will receive highest priority for funding; and
WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for
improvement of salmonid habitat within San Luis Obispo Creek and its tributaries: and
WHEREAS, the San Luis Obispo Creek Walk Project includes enhancing the salmonid
habitat.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the filing of an application for grant funds from the California Salmon and
Steelhead Trout Restoration Account; and
2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned project.
Approved and adopted this 20th day of October, 1998.
On motion ofCouncil Member Sch wAtbflded by Vice Mayor Romero
following roll call vote:
and on the
AYES: Council Members Schwartz, Williams, Romero, Mayor Settle
NOES: None
ABSENT: Council Member Roalman
The foregoing resolution was adopted this 2o_ day of nrtoher- , 1998.
Allen K. Settle, Mayor
ATTEST: ,
Lee Price, &y -Clerk
o
Resolution No. 8860 (1998 Series)
Page 2
APPROVED AS TO FORM:
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8859
RESOLUTION NO. (1998 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE
SAN LUIS OBISPO CREEK WALK PROJECT (ER 129 -97)
WHEREAS, a public notice (ER 129 -97) was issued for and comment in
accordance with California Environmental Quality Act (CEQA).
WHEREAS, the City Council has held a public hearing on October 20, 1998 and has
considered testimony of interested parties; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration as
prepared by Firma;
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
The City Council finds and determines that the project's Negative Declaration with the
recommended mitigation therein adequately addresses the potential significant environmental
impact of the proposed project and reflects the independent judgment of the City Council. The
Council hereby adopts said Negative Declaration and incorporates the following mitigation
measures into the project:
1. Mitigation 3f: To reduce or avoid further bank retreat and instability and mitigate
potential impacts on the stream channel that could result from the grading and creation of
the project paths the project shall include the following:
a) The north bank be graded to create a floodable terrace at about the level of
20ankfull. The banks below and above this terrace should have slopes of
about to 1 and be revegetated to stabilize the new slope. The new terrace
shelf will accommodate high flood waters and reduce the strain on both
banks, thus reducing the potential for future bank erosion. This floodable
area will "provide a small backwater area which may reduce some future
flooding of the nearby area.
b) Both the terrace and the banks must be landscaped in a manner to reduce
future erosion and slow flood water flow. The vegetation nearest the creek
should be native plants which will not easily break off during high flows,
C) Construct rock veins along the north side of the creek, running from the
existing Thalweg to the bank. The rock veins create a gentle eddying
effect near the bank; provide a small pool for habitat and divert high flows
away from the bank.
d) Using rock, construct an energy dissipater at the base of the outlet of the
existing drainage pipe located southwest of the building.
e) Construct one or more rock veins along the north side of the creek to
divert flows away from the north bank and create pools for habitat.
f) Construct one rock vein on the south side of the creek to divert and diffuse
high flows along the existing concrete wall.
g) Construct a vortex rock weir at the location of the exposed bed rock to
create in -stream cover/holding water; take excess shear stress away from
the near bank region and direct it to the center of the stream to maintain
R8859
R8859 C
Page 2
lateral stability; increase stream depth by decreasing the width/depth ratio;
increase sediment transport capacity; provide natural sorting of gravel; and
greater grade control to prevent down - cutting.
h) Construct a rock vein along the south bank above the existing small falls
to reduce stream velocities and divert higher flows away from the wall
foundations on this side of the channel.
1) Construct two rock veins along the south bank along the parking lot area:.
The second rock vein should be wide enough and situated so that the flows
from the drainage pipe are dissipated by the rock and erosion is reduced.
A small vortex rock weir is needed for area near the Children's Museum.
This rock weir will direct flows away from the two banks to reduce the
erosion potential and will create small pools for fish.
j) Construct three rock veins. The first rock vein should be located on the
south bank to reduce erosion potential near the Nipomo Street Bridge.
The second rock vein is proposed just west of the existing sloping slate
wall on the north bank, adjacent to the bridge: This rock vein will divert
high flows away from the slate structure and should reduce undercutting of
the slate wall. It will also help to direct stream flows toward the bridge
opening and assist the stream in making this sharp turn. The third rock
vein is proposed for the north side of the channel, near the west opening
under the bridge. This is a point of current bed erosion and the rock vein
should help to direct flows away from the walls and reduce undercutting of
the creek bed.
Monitoring Program: Final Plans shall include the above measures and shall be verified
by City prior to commencing construction. Monitor installation in the field..
2. Mitigation _4b: To mitigate potential flood level impacts or obstructions the proposed
bridge shall be set at a bottom elevation matching the top of the retaining wall (plus or
minus about 0.5 feet), to pass a 100 flood, as determined by the City Engineer. The
design of improvements should place most walks, lighting and benches above the 10 year
storm event creek water elevation or the design of each of these elements shall include
cut -off foundations to resist undermining, and be constructed or heavy, durable materials.
Monitoring Program: City Engineer shall review Final Plans for compliance.
3. Mitigation 4c: To reduce potential sedimentation to the creek to less than significant
levels the final grading plan shall incorporate the following Best Management Practices
for sedimentation control and work in and near creeks, and comply with all City Grading
Ordinance and Regional Water Quality Control Board water certification conditions
which may be required under Section 401 of the Clean Water Act as part of the NWP 27:
a) All work within San Luis Obispo Creek shall be confined to the months of April
15 to October 15. If during this construction period the National Weather Service
determines the probability of rain is greater than 30 percent, no work shall be
performed within the creek and all stream diversion instruments shall be
completely removed to upland areas.
b) To divert creek flows during construction of habitat and bank improvements, the
contractor shall install a temporary sandbag dam sealed with plastic sheeting and a
polyethylene pipe to convey impounded water from upstream of the sandbag dam
past the project site. The pipe shall be installed at stream channel grade. Upon
completion of the project, the temporary stream diversion shall be completely
R8859 O O
Page 3
removed from the channel, and the affected_, area restored to pre - project
conditions.
c) If dewatering of the construction site is deemed necessary, the City shall submit
an erosion and siltation control plan for review and approval by the Corps of
Engineers at least two weeks prior to project commencement.
d) The final grading plans shall include provisions for straw bales and silt fences in
and around the creek to trap any incidental silt.
e) All non - cobble native material excavated from the creek to create the ponds shall
be disposed of off site to avoid excessive sedimentation within the creek. At no
time shall this excavated material be placed or sidecast into the creek. Native
cobbles shall be retained and replaced as feasible.
f) The project shall be accomplished with equipment positioned on the bank using
temporary access ramps constructed from the bank to the creek. In addition,
staging, fueling, maintenance, and storage of equipment and materials shall be
located outside the waterway. All exposed debris piles and construction materials
should be covered or located to reduce potential to enter the creek.
g) No debris, soil, silt, sand, rubbish, cement or concrete washings thereof, oil or
petroleum products or caustic cleaning chemicals or solvents shall be allowed to
enter into or placed where it may be washed by rainfall or runoff into San Luis
Obispo Creek. When operations are completed, any excess materials or debris
from construction shall be removed from the work area. No rubbish shall be
deposited within San Luis Obispo creek at any time.
Monitoring.Program: Final Plans shall include the above measures and shall be verified
by the City prior to commencing construction. Monitor for compliance in the field.
4. Mitigation 5a: Consistent with grading standards in the Uniform Building Code, all
graded surfaces shall be wetted, protected or contained in such a manner as to prevent
dust or spill upon any .adjoining property or street. The following measures shall
constitute the project's dust management plan and shall remain in effect during all phases
of the project's construction:
a) Regular wetting of roads and graded areas (at least twice daily with complete
coverage of all active areas;
b) Increasing frequency of watering whenever winds exceed 15 mph;
C) Cessation of grading activities during periods of winds over 25 mph;
d) Direct application of water on material being excavated and/or transported onsite
or offsite;
e) Watering material stockpiles; and
f) Use of non - potable water is required in all construction and dust control work.
Monitoring Program: Final Plans shall include the above measures. Monitor compliance
in the field.
5. Mitigation 7a: In order to mitigate potential no adverse short term impacts to the stream
habitat during construction of the improvements to the channel the following measures
shall be incorporated into the project specifications:
a) Follow all sedimentation control measures and stream diversion requirements
listed in Mitigation.Measure 4c.
R8859 J
Page 4 b) Limit the duration of stream diversion to no more than 21 days.
C) Divert the stream at a period of minimum flow.
d) All boulder structures shall be embedded into excavations and backfilled with
native gravel and cobbles.
e) Boulders shall be anchored and tied together using steel cables or rods embedded
into adhesive filled, drilled cavities in the rock.
f) Prior to commencing construction a qualified biologist, approved by the
Department of Fish and Game, shall be retained to monitor work in the creek.
g) During creek diversion operations and before the creek pools completely diminish
the project biologist shall capture by net and relocate all trout trapped in the
stream. Trout shall be relocated downstream or upstream in an appropriate
manner and location.
h) The project shall comply with any other special conditions required by NMFS and
the USFWS under Section 7 incidental take permits pursuant to the Endangered
Species Act and the Nationwide Permit 27 which are anticipated to be issued by
these agencies; including a presence /absence survey for red - legged frogs
immediately prior to construction.
1) The final plans shall include pockets of fast growing native trees to provide shade
to the stream.
Monitoring Program: Final Plan shall include the above features and notes, and.shall be
verified by the City prior to commencing construction. The work shall be monitored in
the field by a qualified biologist.
6. Mitigation 7d: To mitigate potential loss of riparian habitat values in the creek corridor
the project shall include northern bank plantings and plantings on the existing terrace on
the south side of the creek consisting of native riparian plants including blackberry
(Rubus ursinus), honeysuckle (Lonicera hispidula), Willow (Salx laseolepis),
Cottonwood (Popul-us trichocarpa), Sycamore (Platanus racemosa), Coffeebenry
(Rhamnus californica), California Bay (Umbellularia californica), Sedge (Carex spp.),
Wild Rose (Rosa Californica), and Western Redbud (Cercis occidentalis).
Monitoring Program: The Final Plans shall include the above revegetation measures
and shall be verified by the city prior to commencing construction. Verify installation in
the field.
7. Mitigation. 12f: The construction project shall include a solid waste recycling plan for
recycling discarded materials, such as concrete, sheetrock, wood, and metals, from the
construction site. The plan must be approved by the Community Development Director;
prior to building permit issuance..
Monitoring Program: Verify that plan is in place prior to commencing construction and
monitor compliance in the field.
8. Mitigation. 14a -b: As a standard City mitigation measure, the final :grading plan shall
contain a note which requires the contractor to stop work and contact the Community
Development Department in the event any cultural artifacts are uncovered. If any
archaeological resources are found during site preparation, all earth-work within 150 -feet
R8859
Page 5
of the object(s) shall cease until the resources have been evaluated by a qualified
archaeologist. Any additional mitigation measures recommended by the archaeologist
shall be evaluated by the Community Development Director, and upon Director approval,
implemented by the applicant.
Monitoring Program: Project monitor shall review field conditions periodically to
verify compliance.
Upon motion of Council Member Schwartz, seconded by Vice_.Plavor Romero ,
and on the following roll call vote:
AYES: Council Members Schwartz, Romero, Williams, Mayor Settle
NOES: None
ABSENT: Council Member Roalman
the foregoing resolution was adopted this 20 _ . day of October , 1998..
APPROVED AS TO FORM:
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RESOLUTION NO. 8858 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO ESTABLISH FEES AND COSTS TO BE PAID BY
SPONSORS OF SPECIAL EVENTS
WHEREAS, the City of San Luis Obispo welcomes non - commercial special events, as
defined in Ordinance No. _1345 (1998); providing cultural, educational, recreational and
entertainment opportunities which can be appreciated by both residents and visitors; and
WHEREAS, it is important that such events be planned and carried out in a careful and
consistent way with equitable treatment of event sponsors; and
WHEREAS, the City must assure that the community does not assume a disproportionate
share of the costs of non - commercial special events; and
r
WHEREAS, the City also allows commercial special events, as defined in Ordinance
No. 1345 (1998) and must assure that the community does not assume any costs of such
events.
NOW, THE_ REFORE, BE IT RESOLVED by the Council of the, City of San. Luis Obispo
as follows:
SECTION 1. All special event sponsors, commercial and non - commercial, will pay an
event permit fee of $50.00 to partially cover the administrative costs of issuing the permit. This
fee may be adjusted periodically by the Council as part of the City's Master Fee Schedule.
SECTION 2 The City of San Luis Obispo will assume the cost for all services listed as
"City Provided Services (no cost to sponsor)" in.Exhibit A for all non- commercial special events.
SECTION 3. All applicable costs indicated as "Sponsor Paid Costs" in Exhibit A will be
charged to each non - commercial special event. ._
SECTION 4. The amount of "Sponsor Paid Costs" for non - commercial special events
will be determined as follows:
a. Regular Employees. The hours worked multiplied by the labor rates"
established by the Director of Finance and set forth in Section 500 of the
City's Revenue Management Manual
b.. Temporary Employees. The hours worked multiplied by labor rates based on
the current salary,, plus any appropriate benefit costs.
c. Non -City Employees. Labor rates charged by any outside agency contracted to
provide assistance, (e.g. the San Luis Obispo County Sheriffs. Department.)
d. Other charges. Other direct costs for rentals, supplies or services incurred by
the City.
88858
(
Resolution No. 8858 (1998)
SECTION 5. The City will absorb the first $1,000 of all "Sponsor Paid Costs" for each
non - commercial special event. Sponsors will be required to pay any "Sponsor Paid Costs" in
excess of $1,000. This deductible may be adjusted periodically by the Council as part of the
City's Master Fee Schedule
SECTION 6. If the total "Sponsor Paid Costs" for a non - commercial special event
exceed $10,000, those costs will be capped at $10,000. This provision will remain in effect for
three (3) years from the passage of this resolution. At the end of that time, the City Council will
reassess the cap to determine if the level is still appropriate.
SECTION 7. Commercial special event sponsors, as defined in Ordinance
No. 1345 , will pay 100% of all City services costs. A vendor charge of 10% will be
assessed for non - commercial sponsors using City facilities for money- raising activities.
City staff will provide all event sponsors with a detailed budget of the amount of Sponsor Paid
Costs the sponsor must actually pay as soon as possible after the special event application is
received. This budget will become a fixed cost, and will not be subject to revision. Actual final
costs are unlikely to be different from this budget, as it will be the basis for scheduling resources;
and event sponsors will not be surprised by any last minute cost changes. This practice will
provide the City with reasonable cost recovery, while providing cost predictability to event
sponsors. Payment in full of this cost is due to the Ciy ten days before the event.
SECTION 8. The terms of this resolution shall become effective sixty (60) days after its
passage.
Upon motion of Council Member Williams, seconded byVice Mayor Romero
and on the following roll call vote:
AYES`. Council Members.Williams, Romero, Schwartz, Mayor Settle
NOES: None
ABSENT: Council Member Roalman
the foregoing resolution was adopted this 20 day of October
Mayor Allen ettle
ATT T:
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Lee Price, City cle_r
1998.
Resolution No. 8858 (1998 Series)
Page 3
APPROVED AS TO FORM:
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Attachment:
Exhibit A
CITY -WIDE SPECIAL EVENTS
COSTS and SERVICES
City Provided Services (no cost to sponsor)
Event review and processing
Insurance and risk review
Fire Inspection
Basic police services
Monitor training
Public Works Maintenance required serice review
Barricades self - pickup /setup w /$100 deposit
Parking review and fee losses
Engineering route reiew
Transit route review
• EXHIBIT A
Resolution 8858
1998 Series
Sponsor Paid Costs (charged against the deductible)
X= Sponsor must pay
*= Need will be determined by City Staff
C /O= City provided or approved Outside resource may be used (sponsor must pay)
N /A= Not Applicable in most cases
A/C= Actual Cost
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RESOLUTION NO.8857 (1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO TO SUPPORT THE NOMINATION OF THE REVITALIZATION
EFFORTS OF DOWNTOWN SAN LUIS OBISPO FOR A GREAT
AMERICAN MAIN STREET AWARD
BE IT RESOLVED, by the City Council of the City of San Luis Obispo that the economic
health and cultural vibrancy of downtown San Luis Obispo is crucial to the overall well-
being of the City of San Luis Obispo;
AND BE IT RESOLVED that the City of San Luis Obispo wholeheartedly supports and,
through its endorsement of Farmers' Market, the sidewalk cleaning program, development
of a Downtown Physical Concept plan, transportation services, and commitment to
maintaining regional government in the downtown area, financially and administratively
participates in efforts to maintain the vitality of downtown San Luis Obispo
AND BE IT RESOLVED that the City of San Luis Obispo fully supports this entry into the
Great American Main Street Awards competition.
Upon motion of Council Member Sc_ hwart�reconded by vice Mayor Romero
and on the following roll call vote:
AYES: Council Member Romero, Schwartz, Williams, Mayor Settle
NOES: None
ABSENT: Council M er Roalman
the forego' g resoluti n w s adopted thih20ch day of October, 1998.
A
Lee Price, City C erk &redS/ee
APPROVED AS TO FORM:
AJe ens en, City Attorney
R8857
/ ff� c �2) 0
October 27, 1998
aty san IS osispo
990 Palm Street, San Luis Obispo, CA 93401-3249
Mr. George Rosenberger
County of San Luis Obispo
General Services
Government Center
San Luis Obispo, CA 93401
Re: Resolution Number Amended
Dear W Rosenberger:
An error in numbering our Resolutions resulted in this office delivering to you a certified copy of
Resolution No. 8856 regarding 4 negotiated exchange Of Property tax revenue and annual tax
increment between the County and the City for annexations
of the Fuller Road Area, Aero Drive,
and the rest of the unincorporated Airport Area.
This resolution is now numbered 8864. Only the resolution number has changed; the text of the
document remains the same.
Enclosed please find the revised certified copy. We regret any inconvenience this revision -
- py- revision may
cause you. If y0phave any questions, please feel free to call Lee Price or myself in the City
Clerk's Office at 781-7102. Thank you.
"5
Diane Reynolds
City Clerk Secretary
c: Lee Price
Gleri.Matteson
enclosure
The City of. San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
RESOLUTION NO. 8856 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION APPROVING USE PERMIT, U 110 -989 A REQUEST TO
EXPAND THE USE OF AN EXISTING SPORTS FIELD BY INSTALLING
LIGHTS FOR NIGHT -TIME ACTIVITIES AT MISSION COLLEGE
PREP HIGH SCHOOL AT 682 PALM STREET.
WHEREAS, the City of San Luis Obispo Planning Commission conducted regular
public hearing on August 26, 1998, for the purpose of considering a Mitigated Negative
Declaration of environmental impact (ER 110 -98) and Use PermitU- 110 -98 to expand the use of
an existing sports field by installing lights for night -time activities at Mission College Prep High
School.; and
WHEREAS, on August 26, 1998; the City Planning Commission adopted Mitigated
Negative Declaration and a Mitigation Monitoring Plan, and approved Use Permit U- 110 -98; and
WHEREAS, the Planning Commission's action was appealed to the City Council on
September 8, 1998; and
WHEREAS, the City Council conducted a public hearing on October 6, 1998, and has
considered testimony of interested parties including the appellant, the applicant, the records of
the Planning Commission hearings and recommendation, and the evaluation and
recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings: That this Council, after consideration of the proposed project
(U- 110 -98), the Planning Commission action, the appellant's statement, staff recommendations
and reports thereof, makes the following findings:
i
Council Resolution 8856 Ci8 Series) •
Page 3
out" to parents, visiting teams, and prospective fans: This parking plan shall be submitted
to the Community Development Department for approval, prior to the first night event at
the facility.
d. The applicant shall provide an overall lighting site plan that demonstrates that spillover
lighting would not affect surrounding residential uses. The lighting plan should be
reduced in order to include locations of buildings, homes and streets within a 300 foot
radius around the subject property, as well as the location of all existing lighting
standards.
e. The lighting system shall be installed in substantial compliance with the lighting plan and
power plan analyzed in the environmental document. All plan modifications shall be
reviewed and approved by the Community Development Department.
f. An Archaeological Resources Inventory (ARI) shall be completed prior to issuance of a
building permit for the project (Phase I report). If excavations encounter significant
paleontological resources, archaeological resources or cultural materials, then
construction activities which may affect them shall cease until the extent of the resource
is determined and appropriate protective measures are approved by the Community
Development Director. The Community Development Director shall be notified of the
extent and location of discovered materials so that they may be recorded by a qualified
archaeologist.
g. Prior to conducting an event, the noise levels generated by any public address system that
is installed shall be measured to determine if those levels are within the standards set by
the City's Noise Ordinance. If noise levels exceed_ those set by the ordinance, steps shall
be taken to correct the problem. This may include lowering the level of amplification, re-
orienting the speakers to focus the sound away from residences, or other sound
attenuation measures.
3. To partially screen the light poles and lit sports field from public view along Mill Street, trees
and dense- growing shrubs shall be installed and maintained at the northeast comer of the
athletic field. The specific species of tree and shrubs as well as the planting location shall be
determined by the Community Development Director with input from the City Arborist..
4. Trees and dense high. growing shrubs shall be installed and maintained, wherever there is a
"gap" in the existing landscaping. The type and location of trees and shrubs shall be
determined by the Community Development Director with input from the City Arborist.
Additional City Council_ Adopted Conditions:
5. The lighting system shall be designed to not exceed illuminance of 10 foot candles at the
property line. A photometric survey showing the lighting levels generated on the athletic
field and at the property line shall be prepared by an electrical engineer and submitted to the
Community Development Department.
Council Resolution 8856(_ - A Series)
Page 2
Findings:
1. The addition of lights to the athletic field will not harm the general health, safety and
welfare of people working or living in the vicinity because a Mitigated Negative
Declaration has been prepared and adopted which contains specific mitigation measures and
monitoring programs with the purpose of reducing the potential impacts of this project to
less than significant levels. Impacts areas included: neighborhood compatibility, noise,
parking, aesthetics (light and glare) and cultural resources. The applicant agreed to and
signed an Acceptance of Mitigation Measures prior to final action by the City Planning
Commission.
2. The use, which is incidental to any high school, is consistent with the General Plan and the
Zoning Regulations which allow schools in the R -3 zone.
3. The project, as conditioned, will be compatible with surrounding land uses because the light
system that will be installed has been specifically designed to reduce spill light and glare as
much as possible and the time and number of days when the lights may be used has been
limited so that the lights will not change the character of the neighborhood.
SECTION 2. Appeal Denied: The appeal is hereby denied and the project approved subject to
the following conditions:
1. The lighting system shall be installed in substantial conformance with the sports field
lighting and power plan (dated June 8, 1998) reviewed and approved by the Planning
Commission. Any changes to the location or height of the light poles and fixtures shall be
approved by the Community Development Director.
2. All of the mitigation measures listed below and contained in Initial Environmental Study,
ER -19 -98 shall be made conditions of approval.
a. The lights may be used for athletic events and ceremonies, extending beyond 7:30 p.m.,
for a maximum of 40 days per calendar year.
b. The lights shall not be operated later than 10:00 p.m. on any given night. This may
require events to end as much as 30 -45 minutes earlier than 10:00 p.m. to allow fans and
participants to safely exit the premises. The lighting system may not be used more than
three (3) nights per week for events beyond 7:30 p.m.
c. The applicant shall create a parking plan which maximizes on -site parking and shows the
Palm Street Parking Garage, and surface level parking in the public parking lot on the
corner of Palm and Nipomo Streets, currently proposed for expansion. The parking plan
shall include language which indicates the school's preference for reserving on- street
parking for residents and people who have physical limitations which make close parking
a necessity. The parking plan will additionally include a method for "getting the word
Council Resolution 8856 Series)
Page 4
6. After installation, the lights shall be tested and light levels adjusted to ensure that illuminance
of 10 foot candles at the property line is not exceeded.
7. The site shall be maintained in a neat and orderly manner. All plant materials shall be
maintained and replaced as needed.
8. The use permit shall be reviewed by the Community Development Director in one year
(October, 1999), to assess impacts on adjoining residential areas from operation of the athletic
field lights and night time events which use the lights. If appropriate, the Director shall
schedule review of the use permit by the Planning Commission for possible amendment of
conditions, or revocation.
On motion of Council member Williams , seconded by Mayor Settle and on the following roll
call vote:
AYES: Council members Williams, Romero, Schwartz and Mayor Settle
NOES: Council member Roalman
ABSENT- None
the foregoing resolution was passed and adopted this 6' day of October, 1998
City Clerk Lee Price
APPROVED:
i / /Late 'eft
r/
Mayor Allen Settle
G
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J
RESOLUTION NO. 8855 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING
COMPENSATION AND THE CITY -PAID HEALTH BENEFIT FOR MEMBERS OF THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
WHEREAS, the City of San Luis Obispo and the International Association of
Firefighters, Local 3523 have met and conferred to form a new Memorandum of Agreement for
the period July 1, 1997, through June 30, 1999; and
WHEREAS, the parties have been unable to resolve certain differences and, therefore, a
new Memorandum of Agreement has not been formed; and
WHEREAS, the City Council has decided that it is in the best interest of both parties to
unilaterally implement agreed upon increases to salaries and the City-paid health benefit prior to
forming a new Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Salary ranges for all members of the International Association of
Firefighters, Local 3523, shall be increased by 3% effective retroactively to July 1, 1997.
SECTION 2. Salary ranges for all members of the International Association of
Firefighters, Local 3523, shall be increased by 3% effective retroactively to July 1, 1998.
SECTION 3. The City -paid Health Benefit for all members of the International
Association of Firefighters, Local 3523, shall be increased from $415 to $420 per month,
effective retroactively to July 1, 1997
Upon motion ofCouncil_ member Williams, seconded by Council Member Roalman ,
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Schwartz, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 6 day of nr rnhar 51998.
RRR55
Resolution No.
Page 2
�r
8855 (1998 Series)
APPROVED AS TO FORM:
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Mayor Allen Settle
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RESOLUTION NO.8854 (1998 SERIES)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING INTEGRATED SOLID WASTE RATES
WHEREAS, on June 21, 1994, the City Council of the City of San Luis Obispo approved
the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste
Management Rates; and
WHEREAS, on June 2, 1998, the City Council approved modifications to the residential
solid waste service rate structure incorporating new service options and in accordance with a unit
pricing rate structure;
WHEREAS, on June 2, 1998, the City Council approved modifications to the commercial
refuse rate structure to establish a rate structure based on volume and frequency of collection;
WHEREAS, on June 2, 1998, the City Council approved implementation of a volume -
based commercial recycling fee to be set at 25% of the commercial refuse rate for a comparable
volume; the implementation of a base fee for commercial recycling program services; and a per
bag fee for office paper and polystyrene collection; and
WHEREAS, a review of San Luis Garbage Company's 1998 solid waste rate application
has been completed in accordance with the adopted solid waste rate setting policies and including
the rate structure modifications.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 8538 (1996 series) is hereby rescinded on midnight,
November 30, 1998.
SECTION 2. The rates set forth in Exhibit A shall be effective December 1, 1998.
On motion of council Member Williams, seconded by Vice Mayor Romero
and on the following roll call vote:
AYES: Council Members Williams, Romero, Roalman, Schwartz
NOES: Mayor Settle
ABSENT: None
R -8854
Resolution Establishing Ii._ gated Solid Waste Rates - Resolut No. 8854
The foregoing Resolution was adopted on this 15th day of September , 1998.
-cE , C-i_ty
APPROVED AS TO FORM:
P /i�iJ /_�1Jt ...r.
LIAR ••
CITY OF SAN LUIS OB/SPO EXHIBIT A
4.70% AVERAGE ACROSS THE BOARD INCREASE
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE 12 -1 -98
MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
COLLECTIONS PER WEEK
cans
(cubic yards)
1_
2
3
4
5.
6
7
7
$14.66
1
$59.68
$86.90
$114.12
$141.34
$168.56
$195.78
2
$223.00
1.5
$6910
$106.79
$144.48
$182.17
$219.86
$257.55
$23.04
$295.24
$35.61
2
$78.52
$125.63
$172.74
$219.85
$266.96
$314.07
$361.18
$56.55
3
$97.36
$163.32
$229.28
$295.24
$361.20
$427.16
$48.17
$493.12
$81.67
4
$116.20
$202.06
$287.92
$373.78
$459.64
$545.50
$73.29
$631.36
$110.97
6
$153.88
$278.48
$403.08
$527.68
$652.28
$776.88
$102.62
$901.48
$144.50
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods,, when volume is identical.
COMMERCIAL GARBAGE CANS (PER MONTH)
number
of
COLLECTIONS PER WEEK
cans
1
2
3
4
5
6
7
1
$14.66
$23.03
$31.40
$39.77
$48.14
$56.51
$64.88
2
$18.85
$29.32
$39.79
$50.26
$60.73
$71.20
$81.67
3
$23.04
$35.61
$48.18
$60.75
$73.32
$85.89
$98.46
4
$27.23
$41.89
$56.55
$71.21
$85.87
$100.53
$115.19
5
$31.42
$48.17
$64.92
$81.67
$98.42
$115.17
$131.92
6
$35.61
$54.45
$73.29
$92.13
$110.97
$129.81
$148.65
7
$39.80
$60.74
$81.68
$102.62
$123.56
$144.50
$165.44
8
$43.99
$67.03
$90.07
$113.11
$136.15
$159.19
$182.23
9
$48.18
$73.31
$98.44
:$123.57 .1148.70
$173.83
$198.96
Maximum volume and weight per garbage can: 35 gallons, and 80 pounds
Additional charge per can per collection: $4.50
Proposed Rate Schedule for Integrated Solid Waste Services effective 12-7 -98
PAGE 1
CITY OF SAN LUIS OB/SPO
COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH)
number
of
1 cubic yard (minimum charge)
$31.41
COLLECTIONS PER WEEK
$38.74
3 cubic yards
containers
1.
2
3
4_
5
6
7
1
$24.08
$39.79
$55.50
$71.21
$86.92
$102.63
$118.34'
2
$38.74
$61.77
$84.80
$107.83
$130.86
$153.89
$176.92
3
$53.40
$83.76
$114.12
$144.48
$174.84
$205.20
$235.56
4
$68.06
$105.75
$143.44
$181.13
$218.82
$256.51
$294.20
5
$82.72
$127.74.
$172.76
$217.78
$262.80
$307.82
$352.84
6
$97.38
$149.73
$202.08
$254.43
$306.78
$359.13
$411.48
7
$112.04
$171.72
$231.40
$291.08
$350.76
$410.44
$470.12
8
$126.70
$193.71
$260.72
$327.73
$394.74
$461.75
$528:76
9
$141.36
$215.69
$290.02
$364.35
$438.68
$513.01
$587.34
In addition to the collection rates stated above for waste wheeler containers, there shall be charged a
monthly rental fee for each container. $2.09 Rental per waste wheeler per month
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
1 cubic yard (minimum charge)
$31.41
COLLECTIONS PER WEEK
$38.74
3 cubic yards
$46.07
(cubic yards)
1
2
3
4
5
6
7
1
$52.35
$73.29
$94.23
$115.17
$136.11
$157.05
$177.99
1.5
$58.63
$85.85
$113.07
$140.29
$167.51
$194.73
$221.95
2
$64.91
$97.37
$129.83
$162.29
$194.75
$227.21
$259.67
3
$77.47
$122.49
$167.51
$212.53
$257.55
$302.57
$347:59
4
$90.03
$148.66
$207.29
$265.92
$324.55
$383.18
$441.81
6
$115.15
$197.87
$280.59
$363.31
$446.03
$528.75
$611.47
8
$140.27
$247.07
$353.87
$460.67.
$567.47
$674.27.
$781.07
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS
$24.08
1 cubic yard (minimum charge)
$31.41
2 cubic yards
$38.74
3 cubic yards
$46.07
4 cubic yards
Proposed Rate Schedule for Integrated Solid Waste Services effective 12 -1 -98
PAGE 2
CITY OF SAN LUIS OBISPO
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
VOLUME -BASED RATES
ORANGE BAG RATE
$2.51 per month for collection service
$18.85 per package of special 33- gallon bags- payable when bags are issued.
(sold in package of ten only)
ECONOMY RATE
$8.27 per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$16.54 per month for one 64 gallon wastewheeler container collected once each week
PREMIUM RATE
$24.81 per month for one 96 gallon wastewheeler container collected once each week
PREMIUM PLUS RATE
$7.54 per month for additional 32 gallon wastewheeler container collected once each week
$15.08 per month for additional 64 gallon wastewheeler container collected once each week
$22.62 per month for additional 96 gallon wastewheeler container collected once each week
SERVICE AWAY FROM THE STREET CURB
$5.65 additional per month per can or container
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required)
$8.38 per trip plus charges identified above for any extra containers or equivalent volume
$3.14 additional charge per 33 gallon can or equivalent volume per collection
EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (phone call required)
$12.56 per trip plus:
$3.14 per garbage can or equivalent volume (amounts over six cans by quotation)
$3.14 per white good article (once a month)
$3.14 per piece of furniture
$3.14 per mattress or boxspring
(Orange bag customers must pay in advance)
Proposed Rate Schedule for Integrated Solid Waste Services effective 12 -1 -98
PAGE 3
CITY OF SAN LUIS OBISPO
RATE SCHEDULE
FOR COMMERCIAL RECYCLING ACTIVITIES
BASE CHARGE FOR COMMERCIAL RECYCLING
All commercial customers will pay $3.00 per month for commercial recycling services. This charge includes
all recycling services except collection of cardboard in excess of one yard once a week; collection of
white office paper; and collection of polystyrene.
CARDBOARD COLLECTION
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
(cubic yards)
1
2
3
4
5
6
7
1
Included
$18.32
$23.56
$28.80
$34.04
$39.28
$44.52
1.5
$14.66
$21.46
$28.26
$35.06
$41.86
$48.66
$55.46
2
$16.23
$24.34
$32.45
$40.56
$48.67
$56.78
$64.89
3
$19.37
$30.63
$41.89
$53.15
$64.41
$75.67
$86.93
4
$22.51
$37.17
$51.83
$66.49
$81.15
$95.81
$110.47
6
$28.79
$49.47
$70.15
$90.83
$111.51
$132.19
$152.87
8
$35.07
$61.77
$88.47
$115.17
$141.87
$168.57
$195.27
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
WHITE OFFICE PAPER COLLECTION
The charge for collection of each bag of white office paper is $0.85
POLYSTYRENE COLLECTION
The charge for collection of each bag of polysttyrene is $0.85
Proposed Rate Schedule for Integrated Solid Waste Services effective 12 -1 -98
PAGE 4
A
n
8853
RESOLUTION NO. (1998 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE REQUIREMENTS AND FEES FOR PERMITS FOR NON-
COMMERCIAL VEHICLES TO USE COMMERCIAL LOADING ZONES
WHEREAS, businesses have a need to access commercial loading zones in
downtown San Luis Obispo through the use of passenger vehicles; and
WHEREAS, the establishment of a permit program for use by signed passenger
vehicles would help improve access to commercial loading zones for all businesses; and
WHEREAS, the City Council held a public hearing to consider the requirements
and fees for the special loading zone permits.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Commercial loading zone permits shall be issued under the following conditions:
1. Permits will only to be issued to businesses that possess a current City of San Luis
Obispo business license.
2. Permits will only be issued to the owner of the business or their authorized
representative via written notification.
3. All passenger vehicles using a permit must display a professional business sign
(painted, magnetic, roof, window or other city- approved sign). The Director of Public
Works will have final approval for the type of approved sign.
4. Permits will be transferable and must be displayed from the rear view mirror of the
vehicle.
5. Permits will be issued annually at the rate of $25.00 per permit. Permits will not be
prorated and full value will be charged for any lost or stolen permit. Permits will be
renewed each November 1.
6. Permits will only be valid for the business that purchases the permit(s) and there will
be no limit to the number of permits issued to a qualified business.
7. Any misrepresentation or misuse of the permit will disqualify the business from future
use of the permit.
R -8853
Page Two
Resolution No. 8851998 Series)
Upon motion of Romero , seconded by, Williams and
on the following roll call vote:
AYES: Council Members Romero, Williams, Roalman, Schwartz & Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of September
1998.
oMayvzorAllenSe
A
Lee Price,
APPROVED AS TO FORM
en, ty Attorney
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RESOLUTION NO. 8852 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION, THEREBY REVOKING THE
HIGH OCCUPANCY RESIDENTIAL USE PERMIT
FOR PROPERTY LOCATED AT 175 HATHWAY AVENUE (A 75 -97)
WHEREAS, the Planning Commission conducted a public hearing on August 12, 1998,
and revoked the High Occupancy Residential Use Permit, for property located at 175 Hathway
Avenue; and
WHEREAS, the applicant filed an appeal of the Planning Commission's action on
August 20,1998; and
WHEREAS, the City Council conducted a public hearing on September 15, 1998, and
has considered testimony of the applicant/appellant, interested parties, the records of the
Planning Commission hearings and action, and the evaluation and recommendation of staff.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed project
(A 75 -97), the appellant's statement, staff recommendations and reports thereof, makes the
following findings:
1. Five disturbance advisory cards (DACs) have been issued to residents of the house since
October of 1997.
2. On January 10, 1998, a citation was issued to Rajiv Dharnidharka.. On April 30, 1998, Mr.
Dharnidharka was found guilty by the San Luis Obispo County Municipal Court of a
violation of the City's Noise Ordinance and fined $80 (Case No. M267196).
3. On April 11, 1998, a citation was issued to Kevin O'Laughlin. On May 14, 1998, Kevin
O'Laughlin pleaded nolo contendere to the noise charges before the Municipal Court and was
fined $140 (Case No. M270177).
4. On April 11, 1998, a citation was issued to Matthew John Davidson. On May 14, 1998,
R -8852
Resolution No. 8852 (1998 Series)
Page 2
Court and was fined $80 (Case No. M270748).
5. Given the repeated violations of the City's Noise Ordinance by the residents of the house, the
use is not appropriate at the subject location and is incompatible with the neighborhood.
6. Given the repeated violations of the City's Noise Ordinance by the residents of the house, the
use will adversely affect the health, safety or welfare of persons living or working at the site
or in the vicinity.
SECTION 2. Anneal Denial. The:appeal of the Planning Commission's action is hereby
I. denied; and therefore, the Commission's action to revoke the use permit, based on the above
findings citing the repeated violations of the City's Noise Ordinance, is upheld.
On motion of Council. Member Roalman
and on the following roll call vote:
,seconded by Council Member Williams
AYES: Council Members Roalman, Williams, Romero, Schwartz and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this li day of �ytember _ 1998.
GG� C
Mayor Allen Settle
ATTEST:
Lee Price „City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8851 (1998 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION AND THEREBY APPROVING ADMINISTRATIVE USE
PERMIT, A 100 -98, ALLOWING THE PRIVATE INDUSTRY COUNCIL
TO CREATE A ONE -STOP CAREER CENTER USE AT 3566 SOUTH
HIGUERA.
WHEREAS, the City of San Luis Obispo Planning Commission conducted regular
public hearings on May 22, 1998 and August 12, 1998, for the purpose of considering an appeal
of the Hearing Officer's decision to approve a use permit, to allow the Private Industry Council to
establish a one -stop career center use; in conjunction with the State of California Employment
Development.Department (E.D.D.) and other local agencies, at the existing P.I.C. offices at 3566
South Higuera and
WHEREAS, on August 12, 1998, the City Planning Commission denied said appeal;
upholding the Hearing Officer's approval of use permit, A 100 -98; and
WHEREAS, the Planning Commission's action was appealed to the City Council on
August 20, 1998; and
WHEREAS, the City Council conducted a public hearing on September 15, 1998, and
has considered testimony of interested parties including the appellant, the applicant, the records
of the Planning Commission hearings and recommendation, and the evaluation and
recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findinas: That this Council, after consideration of the proposed project
(A400-98), the Planning Commission action, the appellant's statement, staff recommendations
and reports thereof, makes the following findings:
R8851
R8851
Page 2�'�
1. One March 17, 1998, the City of San Luis Obispo City Council adopted Resolution No. 8781
with the finding thatthe one -stop career center is a unique program, and that the use of a one -
stop career center in conjunction with the State of California Employment Development
Department (E.D.D.) and other local agencies (provided it does not exceed a ratio of 60%
P.I.C. employees and 40% other agency employees) is a minor, incidental and ancillary
function P.I.C. in carrying out its primary mission, and is consistent with the tri-polar policy
of the social services-node.
2. The one -stop career center use has a parking requirement of 89 spaces which exceeds the 53
existing spaces designated for the use. The use's parking requirement will be meet by
providing an additional 40 to 50 spaces for off -site employee parking and implementing trip
reduction and parking management strategies.
3. The use will not adversely affect the health, safety or welfare of persons living or working at
the site or in the vicinity.
4. The use is appropriate at the proposed location as it is compatible with and complimentary to
the existing uses in the Campanile Building. In addition, the County Airport Land Use
Commission has determined that the use is compatible with the San. Luiss Obispo County
Airport Land Use Plan.
5. A Negative Declaration of Environmental Impact, with mitigation measures, was adopted for
General Plan Amendment GP 145 -97 on December 17, 1997. The proposed use was
anticipated at the time of environmental review and no further review is required.
SECTION 2. Action: The appeal is hereby denied and the use permit approved subject to the
following conditions.
1. The one -stop career center shall not exceed a ratio of 60% P.I.C. employees and 40% other
agency employees. The applicant shall submit an annual report of employee operations,
including the number of employees by agency and the anticipated employee hours of work at
the site to the satisfaction of the Community Development Director.
2. To ensure that there are not significant parking impacts associated with group events such as
orientation workshops, the applicant shall submit a Trip Reduction and Parking Management
Plan for review and approval by the Community Development Director. The plan shall
include: a schedule of group functions and events, demarcation of those areas reserved for
employee and client/customer parking; and how overflow parking will be handled. The plan
should also include automobile trip and parking reduction strategies such as carpooling, van-
pooling, bicycling and public transportation. For example, the P.I.C. and other agencies
could offer employees and clients incentives such as free bus passes and/or other
compensation for utilizing these resources.
3. Prior to issuance of a building permit, the Private Industry Council shall comply with the
City's Parking Requirements and Standards.
R8851
Page 3
IN
4. The applicant shall designate five spaces for short -term parking of 20 minutes to be clearly
marked with green curbing. The applicant shall be responsible for the monitoring and
enforcement of these short-term parking spaces.
5. The use permit shall be reviewed in one year, or at any time that reasonable written
complaints are received by the City of San Luis Obispo: At the review hearing, the Hearing
Officer may modify, add or delete conditions, or revoke the permit. Specifically, the Hearing
Officer may direct the P.I.C. to explore the possibility of requiting off -site workshops. A
basis for revocation shall be failure to comply with the above - stated conditions.
On motion of Council Member Williams ,seconded by
vice Mayor Romero and on the following roll call vote:
AYES: Council Members Williams, Romero, Schwartz, and Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of September, 1998.
o
Mayor Allen Settle
AT T( �
City Clerk Lee Price
APPROVED:
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RESOLUTION NO885�1998 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY SAN LUIS OBISPO
ADOPTING A WORK STATEMENT FOR AN ELECTRIC BATTERY POWERED
VEHICLE PILOT PROGRAM
WHEREAS, Chapter 659, Statutes of 1997 (SB 368, Peace), included
appropriations from the Petroleum Violation Escrow Account to the California Energy
Commission for legislatively mandated projects; and
WHEREAS, Chapter 659, Statutes of 1997, requires that such legislatively
mandated projects be allocated by the California Energy Commission to the recipient; and
WHEREAS, The City of San Luis Obispo is desirous to implement a project for
maintenance and operations of electric shuttle bus as part the City's participation in the
Department of Energy's PVEA program.
NOW, THEREFORE, BE IT RESOLVED, that the City Administrative Officer is
hereby authorized and empowered to execute in the name of The City of San Luis Obispo an
agreement with the California Energy Commission and all other necessary documents to
implement and carry out the purposes of this resolution.
Upon motion of Council Member Williams, seconded byVice Mayor Romero , and
on the following roll call vote: I-
AYES, Council Members Williams, Romero, Roalman, Schwartz and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15th day of September 1998.
MAYOR ALLEN K. SETTLE
ATTES J -
CITY CLERK Lee Price
Y ATTORNEY
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