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HomeMy WebLinkAbout9004-9024RESOLUTION NO. 9024 (2000 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE HIGUERA BRIDGE REPHABILITATION (ER 93 -67) WHEREAS, on February 5, 2000 the City published and made available for public review a mitigated negative declaration based on an initial study of environmental impact for the proposed rehabilitation of the Higuera Street Bridge, in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the Council has reviewed and considered the initial study, and has found that there will be no significant environmental impacts. Potential impacts will be reduced to a level of insignificance due to features incorporated into the project design and construction. These mitigation measures and monitoring responsibilities are identified in the initial study, on file in the Community Development Department; and WHEREAS, changes to the design details of the bridge proposed since the initial review do not result in additional environmental issues. NOW THEREFORE, BE IT RESOLVED the City Council of San Luis Obispo hereby approves a mitigated negative declaration. Upon motion of Council Member Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Settle and Mayor Settle NOES: None ABSENT: None The foregoing resolut' n was passed and adopted this 14'h day of March 2000. Mayor Allen Settle A ST' Lee Price, City Clerk APPROVED as to form: R 9024 -1 lip Rescinded h�,. Resolutl No. 9033. 04./04.1001 - -- - -- — RESOLUTION NO. 9023 (2000 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE ANNEXATIONS OF PROPERTIES AT 196 SUBURBAN ROAD AND 205 AND 204 TANK FARM ROAD FOR PACIFIC BELL, A &R WELDING, AND FARM SUPPLY RESPECTIVELY (ANNX/R/ER 213 -99, 188 -99, and 206 -99) WHEREAS, the Planning Commission and City Council have held hearings on the proposed annexations on January 26, 2000, and March 7, 2000 respectively; and WHEREAS, the City Council introduced on March 7, 2000 Ordinance No. 1366 (2000 Series), approving a Negative Declaration for the proposed annexation, pursuant to the California Environmental Quality Act Guidelines Section 15090; and WHEREAS, on recommendation of the Planning Commission and as a result of its deliberations, the Council has approved an amendment of the Zoning Map by prezoning the annexation properties to Service Commercial (C -S) and Manufacturing (M) as shown on the attached Exhibit A; and WHEREAS, City Council approval is a prerequisite for the San Luis Obispo County Local Agency Formation Commission to initiate formal annexation proceedings; and WHEREAS, the territory to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in attached Exhibits B and C; and WHEREAS, this proposal is consistent with the sphere of influence of the affected city; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Findings. Annexation is appropriate since the sites are contiguous to the City. 2. Annexation of the sites is a logical addition to the City due to their location, on -site urban development, and availability of services. 3. The proposed annexations will promote the health, safety, and welfare of persons living or working in the vicinity of the annexation area. 1 R 9023 Resolution No. 9023 ( 2000 Series) Page 2 SECTION 2: Annexation Area Described. The annexations shall consist of three contiguous properties covering approximately 12 acres. They are located on the north side of Suburban Road (196 Suburban Road); on the south side of Tank Farm Road (205 Tank Farm Road); and on the north side of Tank Farm Road (204 Tank Farm Road). They are assigned Assessors Parcel Numbers of 076 - 352 -033, 076 - 352 -032, and 076 - 351 -042 respectively, as shown in the annexation maps attached as Exhibit B and legally described in attached Exhibit C. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexations subject to property owners' compliance with City requirements regarding public improvements, in accordance with California Government Code Section 56844 et seg. SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the mitigated Negative Declarations of environmental impact, and all pertinent supporting documents to the Local Agency Formation Commission. On motion of Council Member Ewan, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7t' day of March 2000. Mayor Allen Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM; City Attomey Jeff Jorgensen n N RESOLUTION NO. 9022 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE TREE COMMITTEE APPROVAL OF TREE REMOVAL REQUEST AT 1370 CHORRO STREET NOW, THEREFORE, 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 applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, makes the following finding: a. The tree is causing undue hardship to the property owner. b. The appeal of the Tree Committee approval of the tree removal request at 1370 Chorro Street is hereby denied. Upon motion of Council Member Romero, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7 h day of March, 2000. Mayor Allen Settle APPROVED AS TO FORM: EM ,r R 9022 IJ K O RESOLUTION NO. 9021 (2000 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY, FOR THE BISHOP AND MAINO OPEN SPACE ANNEXATION ( #58) 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 otherwise 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 change designated as Annexation No. 58 to the City of San Luis Obispo (Open Space Annexation Area A, Bishop Peak, and Area B, Maino Family); and WHEREAS, the negotiating parties, to wit: Lee Williams, County of San Luis Obispo, and Ken Hampian, City of San Luis Obispo, 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. R 9021 Resolution No. 9021 (2000 Series) O Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the recitals set forth above are true, correct, and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of 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) Annual tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 2001 - 2002 and each fiscal year thereafter in the amount of 12.54287 percent, before Educational Revenue Augmentation Fund. (c) After the City portion is transferred, 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 as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified copy of this resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Romero, seconded by Vice Mayor Schwartz and on the . following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7`h day of March,, 2000!/ �� Mayor Allen Settle Resolution No. 9021 (2000 Series) Page 3 APPROVED: C G RESOLUTION NO. 9020 (2000 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY, FOR THE NORTHWEST MARGARITA AREA ANNEXATION (4#57) 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 otherwise 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 change designated as Annexation No. 57 to the City of San Luis Obispo (Northwest Margarita Area Annexation); and WHEREAS, the negotiating parties, to wit: Lee Williams, County of San Luis Obispo, and Ken Hampian, City of San Luis Obispo, 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. R 9020 Resolution No. 9020 (2000 Series) Page 2 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) Annual tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 2001 - 2002 and each fiscal year thereafter in the amount of 12.2674399 percent, before Educational Revenue Augmentation Fund. (c) After the City portion is transferred, 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 as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified copy of this resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Romero, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7`s day of March 2000. v Mayor Allen Settle Lee Price, City Clerk _ I Resolution No. 9020 (2000 Series) Page 3 ei��v 0 y RESOLUTION NO. 9019 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CHIEF OF POLICE TO SUBMIT A GRANT APPLICATION TO THE OFFICE OF TRAFFIC SAFETY TO FUND TWO POLICE OFFICER AND RELATED EQUIPMENT -. WHEREAS, the city of San Luis Obispo is committed to maintaining a safe community for its residents and visitors; and WHEREAS, traffic collisions place persons and their property at risk; and WHEREAS, collisions can be reduced by increased enforcement of traffic laws and educational programs; and WHEREAS, the City has limited resources with which to perform theses tasks; and WHEREAS, the Office of Traffic Safety has funds available to make grants to cities for both enforcement and educational programs, and NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo authorizes the Chief of Police to make a grant application to the Office of Traffic Safety to fund two police officer positions and related equipment. Upon motion of Council Member Romero, seconded by Council.Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 29`h day of February, 2000. =Ml� M�".FA -�� ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: C# Attorney rvk- ' � / / 6 6 " c RESOLU'T'ION NO. 9018 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS; LOCAL 3523, FOR THE PERIOD OF JULY 19 1999 - JUNE 309 2001 BE IT RESOLVED by City 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 International Association of Firefighters, Local 3523, 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: Mark McCullough, International Association of Firefighters, Local 3523 and Wendy George, Assistant to the City Administrative Officer. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 29th day of February, 2000. ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: .:� Vy Attorney ,49ui110 k, VJ �j" A/?� ll 0 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523 JULY 1, 1999 - JUNE 30, 2001 1�1�i�llill�ll�il;l1��ilh1 u. City Of San tu, s OBI spo U n Article No. Title Page No. 1 Parties to Agreement 1 2 Recognition : 2 3 Dues Deduction . 3 4 Employee Rights 4 5 Management Rights. 5 6 Representative Role . 6 7 Communication Process 7 8 Promotional Opportunities . 8 9 Utilization of City Facilities 9 10 Grievance Procedure . 10 11 Salary 13 12 Pay Incentives. 15 13 Overtime 16 14 Emergency Call Back. 17 15 Work Out of Grade . 18 16 Standby 19 17 Educational Incentive 20 18 Uniform Allowance 22 19 Insurance 24 20 Vacation Leave 26 21 Leave Of Absence 29 22 Holidays 30 23 Bereavement Leave. 32 24 Sick Leave 33 25 Family Leave. 34 26 Workers' Compensation Leave 36 27 Light Duty 37 28 Safety 39 29 Retirement 40 30 Hours . 42 Article No. Title Page No. 31 Health /Fitness 44 32 Salary Survey Cities 45 33 Layoffs 46 34 Work Actions. 51 35 Entry Level Firefighters 52 36 Department Assessment 53 37 Staffing 54 38 Seniority Bidding for Station Assignment 55 39 Reopeners 59 40 Full Agreement 60 41 Savings Clause 61 42 Renegotiations 62 43 Authorized Agents 63 44 Term of Agreement . 64 Appendix "A" - Classification 65 Appendix "B" - Work Schedule Illustration 66 Appendix "C" - Employee Responsibilities & Benefits - Sick Leave . 67 Appendix "D"- Salary Range Listing 70 ARTICLE I PARTIES TO AGREEMENT This Agreement is made and entered into this 2e day of February, 2000, by and between the City of San Luis Obispo, Hereinafter referred to as the City, and the International Association of Firefighters, Local 3523, hereinafter referred to as Union. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provision in City Resolution No. 6620 (1989 Series) unless so stipulated to by provision(s) contained herein and agreed to. o � ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (1989 Series), the City hereby recognizes the International Association of Firefighters, Local 3523 as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the Fire Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of this Agreement. ARTICLE 3 DUES DEDUCTION The City shall deduct dues from City employees and remit said dues to the Union on a monthly basis for the duration of this Agreement, which dues shall not include assessments. 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 monthly to the Union President. The Union shall hold the City harmless from any and all claims, and will indemnify it against such claims and any unusual costs. The Union shall refund to the City any amount paid to the Union in error, upon presentation of supporting evidence. 3 U 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. 4 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 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 for performing its work. This provision is not intended to, and does not restrict, the rights conferred upon the Union by Government Code Section 3500, et seq. 5 ARTICLE 6 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty, or work 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 that no employee representative shall leave his or her duty or workstation or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released for good reason, the date of meeting will be rescheduled to a mutually acceptable day. Lei ARTICLE 7 COMMUNICATION PROCESS Pursuant to City Resolution 6287 (1989 Series) the City agrees with the Union to improve communications and provide for the following: A. Monthly Conferences There will be a monthly meeting between the department head and management member(s) and a least two (2) union representatives-to discuss problems or other subjects of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed, actions to be taken, the party responsible for any action and the expected completion date. B. Quarterly Meetings Two to four representatives of the Union, the City Administrative Officer (or designee), department head (or designee), and management representative(s) designated by the City will meet quarterly if there are issues of concern to the parties. No issues will be brought to this quarterly meeting without first having been discussed with the department head at a scheduled monthly meeting. %/ ES ARTICLE 8 PROMOTIONAL OPPORTUNITIES Announcements for promotional opportunities for members of the Union will list testing and scoring processes that will be followed. Once defined, testing and scoring processes will not be modified. There will be no banding on promotional exams and, if a candidate is by- passed during the selection process, that person will be given a written reason by the Fire Chief as to why s /he was by- passed. The City agrees to an opener to discuss the promotional process if the Fire Chief goes below the top three (3) candidates in making his selection on promotional exams two (2) or more times during the term of this contract. 'l ARTICLE 9 UTILIZATION OF CITY FACILITIES San Luis Obispo Firefighter's Association shall be allowed to use Fire Department facilities for official Union activities. The Union will notify the Chief or his /her representative of any upcoming meetings. The Union will follow any sign -up procedures for room availability the Department has in place. Scheduling of the facilities usage would be conducted so as not to conflict or interfere with normal operation of departmental business. In lieu of any conflicts in availability or a denial by the Chief, it will be presumed that the Union will have the approval of the Chief to use the facility. Activities would include, but would not be limited to: General Membership meetings, Board of Directors meetings, Negotiation Team meetings, and various special committee meetings.. 2. Facilities would include, but would not be limited to: conference room, training room, and second floor common areas. 3. The Union understands that e-mail sent over the City network is public record. With this acknowledgement, the City gives the Union the right to use the computers and the e-mail system. This right may be revoked at any time or for any reason. This revocation must be done in writing and must be delivered in person to a San Luis Obispo Firefighter's Association Board member. 9 ARTICLE 10 GRIEVANCE PROCEDURE V A. A grievance is an alleged violation, misinterpretation or misapplication of the Employer - Employee Resolution, the Personnel Rules and Regulations, any memorandum of agreement with an employee association or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. B. Any employee may file and process a grievance by providing the time, place and circumstances of the action prompting the grievance. Employees may be accompanied by a representative at each step of the process. If a specific action to be grieved affects several employees, those employees may consolidate their grievance and be represented. C. Each Grievance shall be handled in the following manner: The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. 2. If still dissatisfied, the employee may immediately submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations or agreement said to be violated, and the proposed remedy. This action must take place within fifteen business days of the occurrence of the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. D. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the human resources director within five business days of receiving the department head's decision. The human resources director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. 10 I �~ E. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Administrative Officer's decision shall be in writing and given to the employee within fifteen business days of receiving the personnel director's results and findings. Such decision shall be final unless the employee desires a review of the decision. F. If the employee desires a review of the decision the procedure is as follows: 1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local 3523) a. The employee will have five business days following receipt of the City Administrative Officer's decision to submit a written request to the personnel director for review of the decision. The personnel director will obtain a list of five potential hearing officers from the State Mediation and Conciliation Service. Then following a random determination of which party (city or appellant) begins, parties shall alternately strike one name from the list until only one remains. b. Within 30 business days, the hearing officer shall review the record and conduct a hearing on the matter. Within ten business days the hearing officer shall render a decision which shall be final. C. Any dispute regarding the eligibility of an issue for the grievance process may be appealed through the process ultimately to the hearing officer who shall decide on the eligibility prior to ruling on the merits. d. Any fees or expenses of the hearing officer shall be payable one -half by the city and one -half by the Union. All other expenses shall be bome by the party incurring the expense. e. The City reserves the right to make the hearing officer's opinion advisory or to replace the hearing officer position in the grievance process with the personnel board for an employee organization after July 1993 provided that: 11 The hearing officer has ruled on at least five separate grievances of the Union; and 2. The City has been sustained in at least 65% of the determinations on grievances filed by members of the Union. 12 ARTICLE 11 SALARY Section-A. .Rules Governing Step Increases The rules governing step increases for employees covered by this MOA are included in the current Salary Resolution with the following modification: The Fire Chief shall be authorized to reevaluate employees who reach the top step in their pay range. An employee who is not performing up to standard for the top step shall be notified in writing that the department head 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 top step may be reinstated at any time upon recommendation of the department head. If the Fire Chief deems it necessary to again remove the top step during the same fiscal year, he may make the change at any time with three business days written notice. For the position of Firefighter, the salary range consists of nine steps (1 through 9. Steps 1 through 8 equal 95% of the next highest step, computed to the nearest one dollar. Step 8 = 95% of Step 9 Step 7 = 95% of Step 8 Step 6 ='95% of Step 7 Step 5 = 95% of Step 6 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 salary range for all other positions in the unit 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 percent salary increase shall raise the top step of the range by that percent. The highest step of each successive salary range.shall be 2.63% above the highest step of the next lower range. After all highest steps of salary ranges have been established, each highest step shall be rounded off to the nearest dollar and the remaining steps established in accordance with the above 13 Es formula. Employees who are eligible for advancement to the top two steps must receive at least a "competent" rating on their most recent performance evaluation prior to or coincident with their being eligible for advancement by time in grade. Competent is defined as "Performance meets standards of a qualified employee." Step progression for Firefighters will be subject to existing personnel standards, with the timing for progression as follows: Probationary firefighters will move from Step 1 to Step 2 after six months. Progression from Step 2 to Step 3 will be at one -year intervals for each step, and from Step 8 to Step 9 at a two -year interval. Section B Salary Provisions for Term of Agreement Effective the first full pay period in the following months, the following salary increases shall be implemented: July, 1999 3.0% March, 2000 2.0% September, 2000 4.0% Section C. "Y" Rating An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time as there is an improved job performance. The department head shall give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A"Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. Section D. Payday Paychecks 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. Section E. Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. 14 j ARTICLE 12. PAY INCENTIVES Section A. Paramedic Incentive C Effective July, 1999, the City shall pay four hundred dollars ($400.00) per month pay incentive to those firefighters or other approved fire personnel assigned to EMT Paramedic duties :by the Fire Chief. Paramedics required to recertify shall be granted four (4) hours training time per month for six (5) months prior to the recertification. Such hours shall be scheduled by the Department during the normal working day. The Paramedic incentive shall be considered the same as base pay when determining the starting salary upon promotion to Captain. Section B. Station I Captain Incentive Effective July, 1999, Fire Captains regularly assigned to Station I shall receive a one hundred twenty -five dollars ($125.00) per month pay incentive, to compensate for the additional Station I workload. Mandatory assignments to Station I for Captains shall not exceed two consecutive years. Section C. Bilingual Pay Employees certified as bilingual in Spanish through the testing process shall receive a bilingual payment of $35 per pay period. Additional languages may be approved by the City based upon demonstrated need. 15 0 o ARTICLE 13 OVERTIME Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receive overtime pay at time - and -one -half computed at their base salary for those hours worked in excess of regularly scheduled shifts. 2. Firefighters, Fire Engineers and Fire Captains assigned to 24 -hour shift duty are assigned to work one hundred and twenty (120) hours in a fifteen (15) day pay cycle. Employees in these classifications who work more than one hundred and fourteen (114) hours during a pay cycle, shall be paid time and one -half (1 1/2) for all hours worked in excess of one hundred and fourteen (114) hours worked in the fifteen (15) day pay cycle. Paid time off shall be counted as time worked when calculating this overtime pay.. 3. All other personnel shall receive overtime pay at time - and - one -half computed at their base salary for all hours worked in excess of forty (40) hours per week including holiday, sick leave and vacation unless they elect to take compensating time off at straight time. 4. All overtime shall be authorized in writing by the.:Fire Chief prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. 16 ARTICLE 14 EMERGENCY CALL BACK The minimum call back hours provided below shall be paid at straight time pay. 2. Shift personnel who are unexpectedly called back to work after completing their shift and having left the worksite shall be paid a 6 -hour minimum guarantee. 3. The Fire Vehicle Mechanic shall receive a minimum of 4 hours for emergency call back or time and one -half for hours actually worked, whichever is larger. 4. Employees who are called back as defined above shall receive the minimum provided by this article or pay for the work performed, whichever is larger. 17 0 o ARTICLE 15 WORK OUT OF GRADE Employees temporarily assigned to work in a higher classification will receive one step additional pay but in no case more than the top step for the higher classification under the following conditions: The assignment exceeds ten (10) consecutive work days, or five (5) consecutive shifts for all shift employees; in which case the step increase becomes effective on the eleventh (11) work day or in the sixth (6th) shift. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. Employees not eligible for the step increase (under 10 days) shall receive credit for compensating time off (CTO) on the following basis: Hours Worked CTO Earned 0 -5 hours 59 minutes 0 hours 6 -11 hours 59 minutes 1 hour 12 -24 2 hours Each calendar quarter, employees may elect to receive payment for accrued CTO at straight time. CTO earned before January 1, 1990 is not eligible for payment. M C ID ARTICLE 16 STANDBY Employees below the rank of Fire Marshal /Battalion Chief on standby shall be compensated one hour's pay for each eight (8) hour incident with a minimum of two (2) hours straight time pay for each assigned standby period. WE 0 ARTICLE 17 EDUCATIONAL INCENTIVE The City agrees to establish an educational incentive pay plan. The educational incentive pay will be paid pursuant to one of the two plans outlined below: PLAN A Definition of Eligibility A. All Employees currently receiving educational incentive pay as of 6 /30/81. B. All employees in the unit meeting the following requirements:. (1) Have been employed by the department for at least one year as of 9/30/81. (2) Have completed by June 30, 1981 at least 30 semester units toward an approved degree including having successfully completed a minimum of six semester units within the last 18 months. (3) Successfully completed at least six semester units per year until degree is complete; and (4) Must receive degree by December 31, 1983. 2. Basic Benefits. Educational incentive pay shall not start for one yearafter employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of $50 per month for possession of an A.A., or equivalent degree from an accredited community or junior college; and one hundred dollars per month for a B.A. or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed one hundred dollars per month. 3. Job Related Fields. Degrees must be in fields which are directly job related and if not, at least 30 semester units leading toward the appropriate degree with a grade of "C" or better must be included. 4. Application and Approval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the human resources Director shall be required.. 20 5. Unsatisfactory Performance. In the event an employee receiving the incentive 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 incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the City Administrative Officer. 6. Non - Applicability. It is the City's intention not to pay the educational incentive for any degree which is required for the position held by the employee. Educational incentives shall not be paid for education received on City time. The education incentive shall be removed if the employee is promoted to a position which does not entitle employee to such incentive. PLAN B 1. Definition of Eligibility.. A. All current employees not eligible for Plan A. B. All employees hired on or subsequent to June 30, 1981. 2. Eligibility. A. Employees eligible for Plan B must be employed by the City of San Luis Obispo for one year before any payment will be made. B. Must successfully complete within a 12 -month period, commencing on or after July 1, 1980, 6 semester units, or 9 quarter units, in college level course work in fire science courses or classes approved by the Fire Chief. Provided such courses shall be completed at the employee's own expense and during off -duty hours. 3. Incentive Pay. The educational incentive pay shall be $50.00 per month for a period of 12 months. 4. Tuition and Books. If an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job- related courses upon satisfactory completion of same with a grade of "C" or better. 21 ® O ARTICLE 18 UNIFORM ALLOWANCE A. Each sworn employee shall be required to wear an approved uniform to promote the department's public image, except for the positions designated by the Fire Chief as only requiring occasional usage. Such positions shall receive one -half of the regular allowance. Each employee shall receive an annual allowance of $750 paid semi - annually to be spent on the purchase and maintenance of department- approved uniforms. Said allowance shall be paid directly to each eligible employee on or about the 7th of July and the 7th of January. The Fire Chief or his /her designated representative shall conduct an inspection at least once a year to ensure that each employee has the minimum number of uniforms and that all uniforms meet department standards regarding safety and appearance. Employees whose uniforms do not meet standards may be subject to disciplinary action. B. A uniform allowance cash advance will be given to new employees for purchase of their uniforms. If the employee severs employment with the City or is terminated within one (1) year, the cash advance shall be deducted from the employee's last paycheck. C. Where the agreement refers to uniform standards, it shall mean the following: The Fire Chief shall establish and maintain a set of standards for the maintenance, care and wearing of employee uniforms. Such standards shall be on file in the Fire Chiefs office, in each fire station, and in the human resources Director's office. D. Employees will be responsible to purchase and maintain health/fitness clothes, including appropriate athletic footwear. Appropriate health /fitness clothing will be determined through agreement between the Union and the Department. E. Damaged Uniform Reimbursement The City shall reimburse the cost in excess of ten ($10.00) dollars, for repairing or replacing Department approved uniforms which are damaged within the course of employment. No reimbursement shall be made if the damage was due to negligence on the part of the employee. At the time of damage, the employee will submit a report documenting where and how the uniform was damaged. 22 The Fire Chief shall determine the use and extent of wear of damaged items. Replacement amounts shall be prorated. The Department will establish administrative regulations consistent with this section. The City will bear any additional costs resulting from City mandated changes in required uniform items during the term of this agreement. 23 9 J ARTICLE 19 INSURANCE 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. PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit program with the "unequal contribution option" at the minimum contribution rate, currently $16.00 per month for active employees and $1.00 per month for retirees. The City's contribution toward retirees shall be increased by five (5 %) percent per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan provided to employees in their various MOA's. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for in the various bargaining agreements. In summary, this cost and any increases will be bome by the employees. C. Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employees' 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. 24 D. 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. E. Representation on a Medical Plan Review Committee The Union shall actively participate in the Medical Plan Review Committee. Such committee shall review medical plans and may recommend alternative medical plans, including those offered by PERS. 25 0 0 ARTICLE 20 VACATION LEAVE Each incumbent of a 40 -hour a week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous service since the benefit date for the first five years; 15 days per year upon completion of five years; 18 days per year upon completion of ten years; and 20 days per year upon completion of twenty years. Employees scheduled for more that 40 hours per week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled work hours (respectively, 134.4 hours per year for the first five years; 168 hours per year upon completion of five years, 201.6 hours per year upon completion of ten years and 224.6 hours per year upon completion of twenty years). 2. An incumbent is not eligible to use accrued vacation leave until after the completion of the sixth calendar month of service since the benefit date. 3. An employee who leaves the City service shall receive payment for any unused vacation leave. 4. Department Heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor and, second, insofar as possible, with the wishes of the employee. 5. There will be no accrual of vacation leave to non -shift employees in excess of two times (2x) their annual accrual. Maximum accrual of vacation leave for shift employees is twice the annual rate except as noted in Section 6, Paragraph E. 6. VACATION USE: A. Vacation shall be selected by seniority based on shift assignment for shift employees and by seniority for non shift employees. The employee with the most seniority shall select first, with the following choices made in descending order of seniority. B. First choice vacation shall be made during November /December each year. The first choice shall be a minimum of five (5) shifts off within one (1) cycle. C. First choice vacation selected for the months of May through October must be taken in blocks of five (5) shifts off within one (1) work cycle. 26 D. The maximum first choice vacation that may be selected for the months of May through October is ten (10) shifts off taken within two (2) work cycles. E. Should an employee be in danger of losing vacation accrual due to reaching the twice annual vacation cap, for reasons other than those found in Section 6 (1) and (J), the Fire Chief will review the circumstances which have prevented the employee from taking vacation and will determine whether or not the employee should be allowed to accrue beyond the cap or should be authorized to exercise his /her one -time annual opportunity for vacation payout under Section 6 (M) of this article. Particular consideration will be given to those circumstances where vacation use is denied because of reduced staffing levels. F. Employees have the right to have one (1) employee off on scheduled vacation per shift. G. Employees have the right to unscheduled vacation as provided in the current departmental Operations Manual (G.O.204.01). H. Time off by Battalion Chiefs is not included in the determination of the number of employees on vacation per F above. I. If an employee's first.choice vacation is changed by direction of the department, such r change shall not cause an employee to lose vacation that may be accrued above twice the annual rate maximum. In this case, the employee shall have the choice of using the vacation at another time or receiving payment for the changed vacation. J. If an employee must cancel vacation for good reason, as defined by management, the vacation above twice the annual rate shall be paid as accrued. K. Employees may cancel scheduled vacation for any reason with a minimum of 30 days advance written notice to the Fire Chief or his /her designated representative. Maximum vacation accruals will not be waived for vacation canceled pursuant to this section. L. Effective immediately, canceled first choice vacations will continue to be available for reselection by other employees. 27 o M. All employees in this unit are eligible, once annually in December, to request payment for up to seventy -two (72) hours of unused vacation leave provided that an employee's attendance practices are satisfactory. 28 ARTICLE 21 LEAVE OF ABSENCE Leave without pay for up to one week per year may be granted by the Department Head. When possible, such leave requests shall be in writing and approved in advance. All other leave of absence requests shall be handled in accordance with Section 2708.9 of the Personnel Rules and Regulations. 29 ARTICLE 22 HOLIDAYS A. The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - Martin Luther King Day Third Monday in February - President's 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 Two Floating (8 hour) Holidays (non -shift employees only) When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. B. Each employee on 24 -hour shift duty shall earn 6.07 hours of holiday leave semi - monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave (2.6 hours) each bi- monthly payroll period.. Effective January, 2001, the remainder of the employee's annual holiday leave (78 hours) shall be advanced to the employee effective the first payroll period in January of each year. Such holiday leave may be taken off by the employee as provided in the current departmental Operations Manual (G.O. 204.03). For calendar year 2000 only, employees shall receive thirty- 30 nine (39) hours of holiday leave credited the first payroll period in July. This partial crediting is to allow the transition from a fiscal to a calendar year holiday system. Each calendar quarter, an employee has the option of receiving payment for one -fourth (1/4) of his /her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time, may not exceed 78 hours. Any holiday leave remaining as of the last payroll period in December of each year (excluding December, 2000) will be paid to the employee at the straight time rate. If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the overage will be deducted from the employee's final paycheck. C. Floating (8 hour) holidays for non -shift employees. The accrual dates are 1 January and 1 July. If not used in the calendar year in which earned, they are lost. It is the responsibility of the employee to make the request for a floating holiday reasonably in advance of the requested day Off. 31 EO ARTICLE 23 BEREAVEMENT LEAVE N At each employee's option, absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other relative living in the same household, provided such leave as defined in this section shall not exceed five (5) working days or the shift equivalent (56 hrs.) from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information given concerning the death of relationship shall be cause for discharge. 32 U; ARTICLE 24 SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached). 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: (1) Death - 50% Such payment shall be made within seventy-two hours of notice to the City of an employee's death. (2) Retirement and actual commencement of PIERS benefits: (a) After ten years of continuous employment - 10% (b) After twenty years of continuous employment - 15% (3) Job- related disability retirement and actual commencement of PIERS benefits- 75% with a maximum of 1000 hours payoff (75% of 1333.3 accrued hours.) 33 o 0 ARTICLE 25 FAMILY LEAVE An employee may take up to two (2) days, (16 hours) or 24 hours for shift employees, of sick leave per year if required to be away from the job to personally care for a member of his /her immediate family. 2. An employee may take up to five days (forty hours) or the shift equivalent for shift employees (56 hours) of sick leave per year if the family member is a part of the employee's household. 3. An employee may take up to seven (7) days (56 hours) of sick leave per year or the shift equivalent (78.4 hours) if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. 4. The amounts shown in 1, 2, and 3 above are annual maximums, not maximums per qualifying family member. A member of the employee's immediate family, shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other relative living in the same household. 5. If the family member is a child, parent or spouse, an employee may use up to 48 hours (67.2 hours for shift employees) annually to attend to the illness of the child, parent or spouse, instead of the annual maximums in paragraphs 1. and 2. above, in accordance with Labor Code Section 233. 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. C. Placement of an employee's child for adoption or foster care. d. A serious health condition which makes the employee unable to perform the functions of his or her position. 34 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 personal illness, will be subtracted from the 12 weeks allowed by the Family /Medical Leave Program. Employees must use all available vacation, compensatory time and administrative leave and, if appropriate, sick leave prior to receiving unpaid Family /Medical Leave. Employees on Family /Medical Leave will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees who receive cash back under the City's Flexible Benefit Plan will not receive that cash during the Family /Medical Leave. Only City group health insurance premiums will be paid by the City. If an employee does not return to work following Family /Medical Leave, the City may collect the amount paid for health insurance by the City during the leave. There are two exceptions to this rule. 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 Leave are available through the City's "Guide to Family /Medical Leave Program ". 35 EO ARTICLE 26 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 base salary and the amount provided by workers' compensation law during the first 90 days of such disability absence. The only position currently eligible for this benefit is the Fire Vehicle Mechanic. 36 ARTICLE 27 LIGHT DUTY A light -duty work assignment is generally administrative in nature and may require the individual to sit at a desk, type, drive a vehicle, and engage in minimal walking. The employee may receive work assignments in one or more of the Department's program areas Administration, Training, Hazard Prevention, Technical Services, Disaster Preparedness, Emergency Response, or Communications. The schedule is typically 40 hours a week with the employee working under the supervision of the Fire Chief or a Battalion Chief. There are two methods for placing a person on light duty: 1) At the employee's request during a recovery period (minimum of two weeks) due to an off -duty injury or illness. 2) At the request of the City because of a Worker's Compensation injury. Each is dependent upon the availability of an appropriate work assignment. Off -Duty Iniury - An employee notifies the Fire Chief that s /he would like to be placed on a 40 -hour light duty administrative work assignment. The Fire Chief would then forward the attached form letter to the employee's doctor. Once the doctor signs this letter (with any changes and/or modifications) and it is returned, the employee is then available for light- duty. The Department typically has a variety of tasks that a person might be assigned to work on. In accordance with past practice, as long as a legitimate light -duty assignment is available (minimum of two weeks), the Fire Chief will accommodate this request. Worker's Compensation lniury - An employee is on Worker's Compensation injury leave and the Fire Chief knows of a possible light -duty work assignment. The human resources Department will be notified of such an assignment along with its description. A description of this assignment will then be sent with a doctor's release letter to the City's Worker's Compensation Insurance carrier. The carrier reviews the information and routes it to the employee's Worker's compensation physician who will either sign the release letter or deny it. All documents are then forwarded back to the human resources and Fire Departments. The employee, if released, will then be available for light -duty. Employees on Worker's compensation certified by a doctor for light -duty may lose benefits if they refuse available light -duty based on Worker's compensation law. 37 0 Once an employee is released to light -duty, a Personnel Action Form is initiated and all leave balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40 -hour work week. It should be noted that any leave taken during this light -duty period is taken at the 40 -hour work week accrual rate and no FLSA is given. The employee would transfer to a light -duty assignment as soon as the employee has completed his /her FLSA period (the FLSA period runs concurrent with the A shift's schedule). To ensure all FLSA provisions are met, the hours previously worked in the pay period will be reviewed with the employee prior to setting up the work schedule. Once the employee has received a doctor's release to return back to full -duty and it has been approved by the Fire Chief, the employee will retum to their appropriate shift on their next scheduled workday, assuming this return schedule does not trigger overtime in excess of regular FLSA overtime. If excess overtime would be triggered, the employee will return to work on the earliest date that will not trigger excess overtime. W ARTICLE 28 SAFETY The Union and the City agree to address Departmental and citywide safety concerns through the City's Safety Committee and the Communication Process outlined in Article 7. 39 N ARTICLE 29 RETIREMENT 10 A. The City agrees to provide the Public Employees' Retirement System's 2% at age 50 plan to all sworn personnel and the 2% at age 55 plan to all non -sworn personnel. The 2% at age 50 plan includes four amendments, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, and one -year final compensation. The 2% at 55 plan has two amendments, 1959 survivor's Benefit and one year final compensation. B. For employees hired after 1 July 1986, the PERS 2% at 50 plan shall include the modifications shown in Section A, above, except that it shall provide three -year final compensation.. (1) The City agrees to contribute up to 9% of safety member's obligation to contribute to PERS. (2) City agrees to contribute up to 7% of the Fire Vehicle Mechanic's obligation to contribute to PERS. (3) The City agrees to report as salary all Employer -Paid Member Contributions for full -time employees to PERS for the purposes of retirement credit in accordance with Gov. Code Section 20636 (c).(4), with the understanding that, for the 1997 -99 MCA, the .28% employer cost of the program will be included as part of the total compensation cost of the negotiated package. This benefit will be implemented as soon as the City's computer system is upgraded to handle the calculations. (4) The amount paid by the City is an employee contribution and is paid by the City to partially satisfy the employee's obligation to contribute 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. The Union understands and agrees that employees bear the risk of payment of any increases in the employee contributions above the amount provided in this Agreement which may result by action of PERS or the state legislature. Parties further agree that City payment of PERS contributions is made based upon tax treatment currently permitted by the State Franchise Tax Board and the IRS. U11 l� 0 Should current tax treatment change, the Union and the employees hold harmless the City, its officers and agents from any and all claims or costs of any type, including but not limited to, liability for back taxes, arising out of this Agreement to pay part of the employee's PERS contribution. Should current tax treatment change, the Union shall have the opportunity to meet and confer regarding any such changes. It is understood and agreed to by the parties that the City "pick up" of a portion of the employee's PERS contribution is in lieu of wages. Therefore, in all comparisons made with other agencies, a percent equal to the City "pickup" of the employee's PERS contribution will be added to the total compensation provided by the City to the employees. As soon as possible, the City will add the PERS Military Service Credit option (Section 21024). 41 0 0 ARTICLE 30 HOURS A. Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a period of one year, shall average approximately fifty -six (56) hours per week. For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix B. The Department shall give no less than 15 days notice prior to changing a shift assignment for non - emergency reasons. A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.) Within each work shift the work day will be from 0800 to 1700 hours. The work day will be divided as follows: 0800 - 1200 Captain's Priority 1200 - 1300 Lunch 1300 - 1700 Chiefs Priority /Captain's Priority The intent of Captain's Priority is to create a productive schedule providing latitude for necessary classes, rewards and individual's priorities. Included in Captain's Priority is vehicle and station maintenance, fitness training and Captain's projects 8 -12 daily. Holidays and weekends are also Captain's Priority times. B. Shift Exchange - The Fire Chief or his /her representative may authorize employees covered by this Agreement to exchange shift assignments with other department employees of equal rank or qualifications for the position. E, IPA C. Vacation Exchange - The Fire Chief or his /her representative may authorize employees covered by this Agreement to exchange vacation leave with other department employees of equal rank or qualifications for the position. D. Early Relief- The Fire Chief or his /her representative may authorize employees covered by this Agreement to relieve another department employee of equal rank or qualifications for the position prior to the end of the scheduled shift. 43 1 ARTICLE 31 HEALTH /FITNESS N The City, the Department and the Union are desirous of implementing measures to promote the well being of employees and reduce the incidents of preventable accidents, illnesses, and disabilities, and have, and shall continue to, work cooperatively to encourage and develop an appropriate program to enhance physical fitness and health and to establish required physical standards to be met by all employees. The parties have agreed to implement the physical fitness program outlined in the "Health and Fitness Maintenance Program" and dated 9- 28 -89. The Union recognizes that it is the policy of the City to hire non smokers in the Fire Department. The Union further recognizes there is a fire department policy concerning smoking in departmental facilities and vehicles. The parties agree that smoking poses health risks to non - smokers as well as smokers. 44 ARTICLE 32 SALARY SURVEY CITIES Cities to be used for review of salaries shall include: Chico Davis Lompoc Monterey Napa Pleasanton Redding Salinas Santa Cruz Santa Maria It is agreed that, during the negotiations to produce a successor Agreement, either party may propose changes to the above list of cities. A revised, mutually agreed upon list, may be used during the negotiations to produce a successor Agreement. 45 Q O ARTICLE 33 LAYOFFS In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall determine when layoffs are to occur. The Human Resources 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 a layoff is needed within the Union, the order of layoffs shall be as follows: Temporary and contract employeesi 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; 3. For regular employees within the Union, layoffs shall be governed by seniority and job performance. Seniority is established by time in service within the Union. That is, the last employee hired into the bargaining unit shall be the first employee laid -off. Job performance categories shall be defined as follows.. Category 1: Performance that is unsatisfactory, below standard, needs improvement, unacceptable or does not meet minimum standards. Performance defined by this category is evidenced by an 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. 46 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 to three performance categories of the performance appraisal. A regular employee being laid off shall be that employee with the least seniority in the Union and who is in the lowest job performance category. Employees in Category 1 with the lowest seniority will be laid off first, followed by employees in Category 2. Should the two performance evaluations contain overall ratings that are in the two different categories as defined above, the third most recent evaluation overall rating shall be used to determine which performance category the City shall use in determining order of layoffs. 4. Transfer to another department in lieu of layoff is authorized, upon approval of the department heads, if there is a vacancy and the employee meets the minimum job requirements. B.. Laid - Off Employees on Re- employment List The names of employees who have been laid -off shall be placed on the appropriate Re- employment List. The recall of employees will be in reverse order of layoff, depending upon City requirements. 2. Names of employees laid -off shall be placed on a re- employment list. They will be offered re- employment only once before being removed from the list for the job they held before being laid -off. Re- employment 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 1. An appointing authority may, with the approval of the Department Head and the Human Resources 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 47 CN&' 10 is qualified. He /she will still remain on the re- employment list for the job from which he /she was laid -off. D. Employee Reassignments (bump back procedure) for IAFF Local 3523 Employees who have been promoted during their service with the City may bump back in their career series to a position they formerly held, if there is an employee in the lower classification with less seniority than the employee who wants to bump back. Seniority for the purpose of this section shall mean time in service, as a regular employee, within the Union. For example, an employee attempting to bump back to Engineer from Captain would utilize his /her combined time Within the Union, firefighter, engineer or captain, in determining whether or not he /she had more seniority than an individual in the Engineer classification. The intent is to have the last person hired into the Union be the first person to be laid - off.. 2. Reassignment rights may be exercised only once in connection with any one layoff, and shall be exercised within 20 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 seniority or by the acceptance of a vacant position in the class with the same or lower salary. 4. Employees who are reassigned (bump back) are to be placed on an open re- employment list for the position they have vacated. 5. Employees on layoff shall be offered re- employment in the inverse order of layoff, provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. E. 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 F, below. F. Notice of layoff to Employees 48 i 1. 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 layoff. The notice shall include the following information. a. Reason for layoff. b. Effective date of layoff. C. Employee rights as provided in these rules. G. Removal of Names From Re- employment Lists 1. The Human Resources Director may remove an employee's name from a re- employment list if any of the following occur: a. The individual indicates that he /she will be unable to return to employment with the City during the life of the list; or b. The individual cannot be reached after reasonable efforts have been made to do so. The City shall utilize certified mail when contacting individuals; or C. The individual refuses one re- employment offer at his /her previous job. Individuals shall have ten (10) days to respond to the offer of re- employment and an additional thirty (30) days to return to work. H. Employee Rights and Responsibilities 1. In addition to others identified herein, employees affected by these procedures shall have the following rights: a. 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 pre- scheduled interview or test for other employment. b. An employee who has been laid -off shall be paid in full for his/her unused accrued vacation leave and holiday leave on the effective date of the layoff. C. When an individual is reemployed he /she shall be entitled to: 49 o 0 (1) Retain his/her seniority date. (2) Accrue vacation leave at the same rate at which it was accrued at the time of the layoff. (3) Have any unused sick leave reinstated. (4) The same retirement package prior to layoff, assuming that the employee has not withdrawn. his /her PERS funds. If an employee has withdrawn funds, he /she will be reinstated to the retirement package which is currently in effect for all newly hired employees unless the employee notifies PIERS within 90 days that he /she wishes to redeposit the withdrawn funds. 2. An individual reemployed into the job 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. 3. When an individual has been reemployed after a layoff by bumping back to a lower job classification prior to being laid -off, he /she will be placed on a re- employment list for the higher job classification held prior to bumping back. 4. A probationary employee who is reemployed shall be responsible for completing his /her probationary time commitment. 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. 5. The intent of the layoff policy is to have the last hired the first laid off. 50 ARTICLE 34 WORK ACTIONS Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose an imminent threat to public health or safety and is unlawful, furthermore, it shall terminate the employment relation. Provided however that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. (a) Employee organizations shall not hinder, delay, interfere with, nor coerce employees of the City to hinder, delay, or interfere with, the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow -down; sit -down, stay -away, or unlawful picketing. (b) In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this Article, the City, in addition to any other lawful remedies or disciplinary actions, may, by action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. (c) Employee members of any employee organization shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing to perform such duties in the customary manner and at a reasonable level of efficiency. Any decision made under the provisions of this Section may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. 51 O O ARTICLE 35 ENTRY LEVEL FIREFIGHTERS A. The City has added four lower pay steps to the existing firefighter range. Step progression will be subject to existing personnel standards, with the timing for progression as follows: Probationary firefighters will move from Step A to Step B after six months. Progression from Step B to Step H will be at one -year intervals for each Step, and from Step H to Step I at a two -year interval. B. Upon the expiration of the Memorandum of Agreement, the following sections will be placed in a side letter which will contain the following language stipulating that: (a).these provisions are protected by the binding grievance arbitration and impasse resolution processes contained in Resolution #6620; and (b) that the impacts of any changes to these agreements are negotiable and fall within the scope of bargaining. Probationary firefighters may not act as paramedics. They may intern for paramedic status after completion of the 18 -month probationary period, with possible exceptions granted by the Fire Chief after 12 months for exceptionally well - trained firefighters, following consultation with the employee's Captain, the Training Battalion Chief, a Union representative and the Paramedic Coordinator: 2. Testing for entry-level firefighters will occur every two years using the CPS test or equivalent. A current eligibility list will be maintained and entry-level firefighters will go through the current standard "academy ", as set forth in General Order 501.03. 3. Firefighter Apprentices will be allowed to apply for entry-level firefighter positions outside the limitation on the number of applications to be accepted. For a given recruitment, if the number of applications received by the City for entry-level firefighter positions is to be limited, the limit will not be less than 100. 4. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification will be required. For new entry-level firefighter paramedics, a minimum of Firefighter I Academy certification is required. All other employment standards remain the same. 52 �s ARTICLE 36 DEPARTMENT.ASSESSMENT The City agrees to undertake an assessment of the Fire Department following the procedures outlined in the ICMAIIAFC manual and to have the assessment completed by July 1, 2000. There shall be no limitations on what can be considered during this process, provided that the subject matter falls within the general framework of the assessment format. The Union and the City agree that the assessment's findings and conclusions will be advisory only to the City Administrative Officer, and that adoption of any of the findings and conclusions will require the City Administrative Officer's approval and recommendation to the City Council. The Union and the City further agree that implementation of the assessment's findings and conclusions will be subject to the meet and confer requirements under the California Government Code,. Section 3500 et. Seq. Should it become apparent to both parties that an extension of the completion date is necessary, both parties will meet and discuss an extension of the completion date by mutual agreement. 53 N ARTICLE 37 STAFFING c A. The current number of positions in.the Fire Department: represented by the Fire Union is 12 Fire Captains, 15 Fire Engineers, 13 Firefighters, 1 Fire Vehicle Mechanic, and 15 Paramedics Within the ranks of Firefighter and Engineer. If it becomes necessary for the City to exercise its management right to change those staffing levels, the City acknowledges its responsibility to meet and confer with the Union on the impacts of any such changes. B. There will be no reserve program implemented during the term of this agreement. C. The City and the Union share jointly in pursuing the goal of 3- person engine companies at all stations on all shifts. D. The present status of the Apprentice Program does not impact on the bargaining unit integrity. The City recognizes its obligations to meet and confer on any future impacts of the Apprentice Program on the bargaining unit. E. In the absence of the Battalion Chief, the Fire Chief may temporarily act as Battalion Chief in situations that would preserve 3- person engine companies at all four stations. 54 A. Intent: l� ARTICLE'38 SENIORITY BIDDING FOR STATION ASSIGNMENT Utilize years of service as an empowerment. tool for the employee.. Thus enhancing their productivity and morale, through their ability to choose station assignment, program assignment and working partners. B. Process: Appropriate lists and sign -up sheets will be passed out the first of July.. The selection process should be completed by September 1st. Placement on the appropriate list is based on seniority within the Fire Department. Bidding will take place the first year in the following order; Captains (1), Engineers (2) and Firefighters (3). Every two years the bidding order will rotate. First to choose in the prior year will choose last with second and third choices moving up respectively, e.g. 1,2,3; 2,3,1; 3,1,2. Rookie firefighters will not be included in the station selection process until they have completed their probationary period. Each station will have a Paramedic assigned to it from the ranks of the engineer or firefighter. Each shift will have five paramedics. The (5th) paramedic should be stationed at fire station 1. Station assignments would take place based on FLSA periods with the intent to eliminate or minimize overtime due to personnel movement. Individuals working out of grade will work at the station at which the vacancy is occurring. Selection of the individuals who will work out of grade is to remain consistent with existing policies. Vacancies created by promotion or retirements are to be filled by the newly promoted individuals. 55 � o Administration of the Fire Department recognizes and supports the premise that placing employees at stations of their preference is beneficial. The Fire Department, Administration needs a degree of flexibility to accomplish the following goals (in order of priority): 1. Staff the training station with qualified personnel. 2. Placement of the SAE 3. Allow for mentoring and conflict resolution Adjustment of employee station bids by fire Department Administration, should take place in September before vacation selection. Station bid adjustments by Fire Department Administration shall be accompanied by written justification as to the perceived need. After initial placement, movement of personnel shall be for a period of six months. At the end of this six -month period, the effected personnel shall return to their station of choice. Reasons for moves for more than six months or for permanent relocation need to be in writing. Except in extraordinary circumstances no movement of personnel will be initiated during the months of November and December. When movement of personnel is initiated by the Department and is not due to any fault of the individual(s), the Department will honor all approved time off requests. C. Issue Resolution Committee: Intent: The intent of the Issue Resolution Committee is two fold: First, is to deal with the larger issue of how the program works. Does the process work; are we able to meet the goals of the program and the department? 56 Second, are both labor and management needs being addressed fairly and equitably. Committee membership: The Issue Resolution Committee (IRC) will consist of a Battalion Chief (appointed by the Fire Chief) and the Fire Marshal from management. The Vice - President and the Sergeant of Arms will represent the employee's bargaining unit. A fifth member will be chosen by the above four members. The fire chief or the labor president can substitute the members from management and labor, respectively, for cause. Issue Resolution: The Firefighters Association, through their Board of Directors, or Fire Department Administration, through the Fire Chief, can bring issues to the Committee. The IRC will convene within five business days of receipt of an issue of concern or a question of process. Issues will be decided based on the information presented to the committee. Issues or questions will be considered resolved by a vote of 4 out of 5 committee members. The IRC will review the overall program as it relates to program and department goals annually or as needed. Unresolved issues will be taken to the next contract negotiations as a negotiable issue. The IRC will attempt to resolve issues of a personal nature, i.e. station placement, or an interpretation of the process, as they come up. If the committee cannot resolve an issue, the Fire Chief will resolve the issue. By mutual agreement of the Firefighters Association and Fire Department Administration, this program can be discontinued at any time. 57 E lO All committee members performing the duties of this committee while off duty will be compensated with CTO, hour for hour. M ARTICLE 39 REOP-ENERS The City and the Union agree to reopen negotiations during the term of this agreement as follows: 1. The Union agrees to a future opener to discuss an incentive program to reduce sick leave usage as part of a joint process with other employee associations. 2. The City and Union will meet and confer on implementation of a 401(h) program, or other mutually accepted programs, which would allow for the donation of holiday and /or other paid time into tax deferred accounts for use for retiree medical and other purposes. 3. Within ninety (90) days of the ratification of the agreement; the City and Union will complete negotiations the Departmental Disciplinary Policy. 59 ARTICLE 40 FULL AGREEMENT 0 It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Union. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Union except as specifically referred to in this Agreement. During the life of this Memorandum of Agreement, should either party desire to modify its terms or to meet and confer with respect to matters within the scope of representation, such party shall request in writing to meet and confer on such item(s), which item(s) shall be specified in writing. During the life of this Memorandum of Agreement, either party may refuse.such a request without explanation, and no unilateral action may be taken on the matter within the scope of representation during the term of this agreement. .1 ARTICLE 41 SAVINGS CLAUSE C' If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within 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 (1989 Series) 61 0 0 ARTICLE 42 RENEGOTIATIONS Pursuant to Resolution No. 6287, (1989 Series)` If 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 by February 15, 2001. If notice is properly and timely given, negotiations shall commence no later than March 15, 2001. 62 ARTICLE 43 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Agreement: A. The Union's principal authorized agent shall be the President (address: 2160 Santa Barbara Street, San Luis Obispo, California 93401; telephone: (805) 781 - 7380). B. Management's principal authorized agent shall be the Human Resources Director or his /her duly authorized representative (address: 990 Palm Street, San Luis Obispo, California 93401; telephone: (805) 781- 7250). 63 0 0 ARTICLE 44 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 1999 and continue in full force and effect until expiration at midnight, June 30, 2001. SIGNATURES Classifications covered by this Agreement and included within this unit are shown in Appendix "A ". 2. This Agreement does not apply to Temporary Employees or Part-time employees. This Agreement was executed on February 29, 2000, by the following parties. CITY OF SAN LUIS OBISPO AkL�� William Avery, W�c Wendy GQr9e, Assis t to the CAO Zl INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523 n Veillette, Chief Negotiator Mark McCulloug resi n o a APPENDIX A CLASSIFICATION CLASSIFICATION CODE Firefighter 6040 Fire Vehicle Mechanic 6030 Fire Engineer /Inspector 6020 Fire Captain 6010 65 SALARY RANGE 612 616 615 621 M APPENDIX B WORK SCHEDULE ILLUSTRATION 0 For purposes of illustration only, the shift schedule pattern for employees working a fifty -six (56) hour work week consists of five (5) twenty -four (24) hour on -duty periods within a twenty -four (24) day cycle which is worked in accordance with the following chart: X = 24 -hour on -duty period O = 24 -hour off -duty period SCHEDULE: XOXOXOXOOOOOOXOXOXOOOO .. APPENDIX C EMPLOYEE RESPONSIBILITIES AND BENEFITS SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows: 2.36.420 Employee responsibilities and- benefits - Sick leave. A. Sick Leave Defined. "Sick leave" shall be defined as follows: 1. Absence from duty because of illness or off - the -job injury, or exposure to contagious diseases as evidence by certification from an accepted medical authority; 2. At each employee's option, absence from duty due to the death of a member of the "employee's immediate family," meaning spouse, child, brother, sister, parent, parent-in- law, step - parent, step- brother; step - sister, or any other relative living in the same household, provided such leave as defined in this subsection shall not exceed five working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay; 3. An employee whose memorandum of understanding incorporates a provision for "family leave" may use sick leave not.to exceed three days per year if required to be away from his /her job to personally care for a member of the employee's immediate family as defined in this subsection. B. Rules Governing Sick Leave: Each incumbent of a line - item; position shall accrue. sick leave with pay at the rate of twelve days or the shift equivalent per year of continuous service since the benefit date. 2. Sick leave may be used after the completion of the month of service in which if 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. RE o 0 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five consecutive working days by personnel in his /her department. Such proof may be required for periods of less than five consecutive working days where there exists indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his /her immediate supervisor o[ department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the. unexcused absence and be subject to disciplinary action in accordance with procedures established by this chapter. 7. Any employee absent for an extended illness or other physical disability may be required by the personnel director to have an examination by the city's medical examiner at city expense prior to reinstatement to the city service. 8. An appointing authority, subject to approval of the personnel director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs his /her job 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. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee.shall revert to a status of leave of absence without pay and be subject to the provisions of Section 2.36.460. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the city. This plan shall not give any employee the right to be retained in the services of the city, or any right of claim to sickness disability benefits after separation from the service of the city. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be .: considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the city shall be the difference between the amount received by the employee from the city's compensation insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the city while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the city for monetary gain or other compensation, or by reason of engaging in business or activity for monetary or other compensation other than business or activity connected with his /her city employment. 12. A public safety employee shall not receive sick leave payments while receiving Worker's Compensation payments. 13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5) .• 0 0 Salary Range Listing - July 1999 Through June 2001 September 2000 4% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Step 7 Step 8 Step 9 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 612 Firefighter 2,886 3,038 3,198 3,366 3,544 3,730 3,926 4,133 4,351 1,332 1,402 1,476 1,554 1,636 1,722 1,812 1,908 2,008 615 Fire Engineer/ 3,835 4,037 4,249 4,473 4,708 Inspector 1,770 1,863 1,961 2,064 2,173 616 Fire Vehicle 3,934 4,141 4,359 4,588 4,830 Mechanic 1,816 1,911 2,012 2,118 2,229 621 Fire Captain 4,482 4,718 4,967 5,228 5,503 2,069 2,178 2,292 2,413 2,540 71 C APPENDIX D SALARY RANGE LISTING Salary Range Listing - July 1999 Through June 2001 July 1999 3% Increase Step 1 Step 2 Step3 Step4 Step 5 Step 6 Step 7 Step 8 Step 9 Salary Position Monthly / Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 612 Firefighter 2,721 2,864 3,015 3,174 3,341 3,517 3,702 3,896 4,102 1,256 1,322 1,392 1,465 1,542 1,623 1,708 1,798 1,893 615 Fire Engineer/ 3,614 31804 4,005 4,215 4,437 Inspector 1,668 1,756 1,848 1,946 2,048 616 Fire Vehicle 3,708 3,903 4,108 4,325 4,552 Mechanic 1,711 1,801 1,896 1,906 2,101 621 Fire Captain 4,225 4,447 4,681 4,928 5,187 1,950 2,053 2,161 2,274 2,394 Marc_ h 2000 2% Increase Step 1_ Step 2 Step3 Step4 Step 5 Step 6 Step 7 Step 8 Step 9 Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly / Monthly/ Monthly/ Monthly/ Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 612 Firefighter 2,776 2,922 3,076 3,237 3,408 3,587 3,776 3,975 4,184 1,281 1,348 1,419 1,494 1,573 1,656 1,743 1,834 1,931 615 Fire Engineer/ 3,687 3,881 4,085 4,300 4,526 Inspector 1,702 1,791 1,885 1,985 2,089 616 Fire Vehicle 3,782 3,981 4,190 4,411 4,643 Mechanic 1,745 1,837 1,934 2,036 2,143 621 Fire Captain 4,310 4,536 4,775 5,026 5,291 1,989 2,094 2,204 2,320 2,442 70 • SIDE LETTERS K The documents following this section are all Side Letters of Agreement between the International Association of Firefighters, Local 3523 and the City of San. Luis Obispo. They should not be construed to be part of the Memorandum of Agreement and are not subject to the terms of Article 38, Full Agreement. Any dispute over interpretation or application of the side letters shall be referable to the grievance and arbitration procedures of the MOA: 0 SIDE LETTER DOCUMENTS WHICH FALL WITHIN THE SCOPE OF REPRESENTATION The City of San Luis Obispo and the International Association of Firefighters, Local 3523, recognize the attached letter from William Avery, dated March 18, 1996, as defining which existing side letters and General Operations Manual policies fall within the scope of representation. This agreement fulfills Paragraph 4, Article 35 of the 1994 -97 Memorandum of Agreement. CITY OF SAN LUIS OBISPO Assistant City Administrative Date INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523 nn fv . Mark Mctu llough, President'- Date VVH,LEAM AVERY 0 & ASSOCIATES, nVC. MMAGEMENT CONSULTANTS March 18, 1996 Wendy George City of San Ws Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 K r .w Following is my preliminary review of The issue of which general operations sections, pcmnnd rule sections and side letter or addendum MOA agreements should be incorporated into the existing Memorandum_ between the City and the San LAdS Obispo Firefighters Association. Please note that white many of these documents contain matters which . relate to the scope for representation, it is certainly not necessary that they be replicated in the MOA. In some cases a reference might be appropriate. It should also be noted that whether or not a matter is incorporated in the MOA at all, City's obligations with regard to meet and confer are the same. WNT I Po. - The following general orders sections contain MaMers within scope. 201.02 Relief 201.03 Fire Engineer Positions 201.64 Minimum Staffing Policy 201.05 Temporary 202.01 Voluntary and Mend y Overtime 204.01 Vacation 204.02 Compensatory Time off 204.03 Holiday L=vc 204.04 Sick Leave Use/Certification 204.08 Jury buty 205.01 Bi-annual Abbreviated Fitness Testing 206.01 ShiftTransfers 206.04 Residency Requirements 302.15 TL-uzardous Materials 405.0 Telephone Pagers The following general orders, while perhaps having some tangential impact on matters within scope. are primarily matters of law• management right, or administrative in nature. 206.02 Smoldng Regulaucias 206.03 Personnel Evaluations 207.01 Timc Cards 208.01 Travel Reimbursement Authorization 9=03 Injury Reports 603.01 Nighttime Inspectors 501.01 Training Program- -s 501.02 Outside Training Progrwn 501.63 RecruivProbati6naryTraining Regulations 31/_- N. Santa Cruz Avenue. Suite 8 • Los Gatos. CA 95030 - (408) 399-4424 - FAX (408) 399-4423 Page 2 1 • 7' • z I %VRIA�A_ You ded me with a.copy of thepersonnelrules'. It is not clear tome if there are requests that sections the personnel rules be referenced oH.ncorparatcd in the Mdk It so, the follow-mig appear to contain ma substantively affecting the scope of rcprescritation. 236.200 Probationary-Period 2.36-240-84 Compensation for Temporary Assignments 236320 All affecting discipline 236330 2.36.340 2.36-350 236.390 Outside Employment I 9_:_4Wr=:iT&K a F�W g'"N"y 1-2 Z, I December 15. 1993 re: Hazardous Materials. It would appear this meet and confer has concluded and the side letter need not be incorporated. September 16, 1993, MOA language changes. This language has already been incorporated. June may be appropriate to reference the language under current staffing. ADDENDUMMOA'S Layoff Policy - This language has already been incorporated in the MOA. Second PERS; Health Benefit Program - This language has been incorporated in the MOA. Drug Free Workplace Policy - This addendum, and/or qu agreements could be referenced in the MOA. This particular policy contains nothing other than minimum requirements quimments of Federal law. Flexible Benefits Program - The language in this addendum contains many steps which presumably have been completed. A generalized reference in the MOA would be appropriate. Medical Plan Review Committee - Sufficient language on this subject already appears in the MOA, it need not be incorporated. hfis AN OUS The following documents have been provided . . They have been given general operations policy numbers although they are City-wide documenm They would not appear to su6staritively impact mart= within scope. 20902 Code of Ethics 20903 Sexual Harrassment Avoidance Policy 20904 Adrumative Action Program 20909 Employer-Employce Resolution 20906 Guide to Family/Modical Leave Program Page 3 The following policy could be incorporatcd by reference or appended- 209.05 Catastrophic Leave Policy Please call after you've had a chance to review this. Si y, William H. Avery WHA:ksd 70TrL P.e4 c� o RESOLUTION NO. 9017 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO REVISING THE MANAGEMENT PAY FOR PERFORMANCE SYSTEM FOR APPOINTED OFFICIALS, DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is committed to a comprehensive policy that strengthens the recruitment and retention of well qualified and effective appointed officials and management personnel; and WHEREAS, in 1996 the City Council established the Management Pay for Performance System for a two year period, revised it in 1998 for another two year period; and WHEREAS, that system provides that the City Council biannually reviews the system; and WHEREAS, he Council is committed to a compensation plan which reflects the differences between duties, responsibilities and job requirements; and WHEREAS, the Council determines that merit and performance shall be the basis for Appointed Official and Management compensation; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby revises the Management Pay for Performance System as follows: SECTION 1. The Management Pay for Performance System will be renewed for another two year term and revised to provide for cost of living adjustments in addition to performance pay. SECTION 2. The cost of living adjustments will be applied across the board and will be 3.5% of salary effective the first full pay period in April, 2000 and 3.75% effective the first full pay period in Jan uary, 2001 as shown in Exhibit "A" and Exhibit `B ". SECTION 3. The Appointed Officials and Management Salary Schedule shall be amended to reflect the movement of the Police Chief classification to Salary Group M. SECTION 4. The Appointing Authority, or City Administrative Officer shall determine compensation within the designated range, after evaluating performance in accordance with the Management Pay for Performance System on a scale of 1 -6 %. SECTION 5. The cost of providing the Employee Paid Member Contribution (EPMC) shall be borne by the City effective the first full pay period of April, 2000. SECTION 6. The City shall continue to provide employees in those classifications listed in Exhibit "A" certain fringe benefits as set forth in Resolution No. 8412 (1995 Series) and Resolution No. 8476 (1996 Series). R 9017 Resolution No. 9017 (2000 Series) Page 2 SECTION he Director of Finance shall adjust the appropriate accounts to reflect the compensation changes. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 29th day of February, 2000. ATTE City Clerk Lee Price, CMC APPROVED AS TO FORM: , M®RI BM@ APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE Effective April 13, 2000 EXHIBIT A SALARY RANGE SALARY GROUP CLASSIFICATIONS Bottom Top I City Administrative Officer 8,908 11,137 II City Attorney 8,137 10,173 III Police Chief 6,885 8,605 Public Works Director IV Assistant City Administrative Officer 6,564 8,204 Community Development Director Finance Director Fire Chief Utilities Director V Director of Human Resources 6,216 7,771 Parks and Recreation Director VI City Engineer 6,063 7,578 VII City Clerk 5,442 6,802 Deputy Public Works Director VIII Assistant City Attorney 4,874 6,093 Development Review Manager Economic Development Manager Long Range Planning Manager Natural Resources Manager Public Works Manager Wastewater Division Manager Water Division Manager IX Accounting Manager 4,669 5,835 Chief Building Official Fire Marshall Information Systems Manager Revenue Manager Supervising Civil Engineer X Assistant to the CAO 4,370 5,462 Parking Manager Principal Transportation Planner Recreation Manager II Risk Manager Transit Manager Wastewater Treatment Plant Supervisor Water Treatment Plant Supervisor Utilities Engineer R 9017 XI Administrative Analyst 4,121 5,151 Communication Manager Fire Protection Specialist GIS Manager Human Resources Analyst Industrial Waste Coordinator Neighborhood Services Manager Public Safety Information Systems Coordinator Recreation Manager I Utilities Conservation Coordinator Wastewater Collection Supervisor Water Distribution Supervisor Water Supply Supervisor XII Accounting Supervisor 3,803 4,754 Arborist Building Maintenance Supervisor Customer Services Supervisor Golf Course Supervisor Parks Supervisor Police Records Supervisor Recreation Supervisor Streets Supervisor Supervising Mechanic SAO &Management Salary Schedule n APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE Effective January 4, 2001 SALARY GROUP CLASSIFICATIONS I City Administrative Officer it City Attorney III Police Chief Public Works Director IV Assistant City Administrative Officer Community Development Director Finance Director Fire Chief Utilities Director V Director of Human Resources Parks and Recreation Director VI City Engineer VII City Clerk Deputy Public Works Director VIII Assistant City Attorney Development Review Manager Economic Development Manager Long Range Planning Manager Natural Resources Manager Public Works Manager Wastewater Division Manager Water Division Manager IX Accounting Manager Chief Building Official Fire Marshall Information Systems Manager Revenue Manager Supervising Civil Engineer X Assistant to the CAO Parking Manager Principal Transportation Planner Recreation Manager II Risk Manager Transit Manager Wastewater Treatment Plant Supervisor Water Treatment Plant Supervisor Utilities Engineer SALARY Bottom 9,242 8,442 7,143 6,810 RANGE Top 11,555 10,554 8,928 8,512 6,449 8,062 6,290 7,862 5,646 7,057 5,057 4,534 6,321 6,054 5,667 R 9017 XI Administrative Analyst 4,276 5,344 Communication Manager Fire Protection Specialist GIS Manager Human Resources Analyst Industrial Waste Coordinator Neighborhood Services Manager Public Safety Information Systems Coordinator Recreation Manager I Utilities Conservation Coordinator Wastewater Collection Supervisor Water Distribution Supervisor Water Supply Supervisor XII Accounting Supervisor 3,946 4,932 Arborist Building Maintenance Supervisor Customer Services Supervisor Golf Course Supervisor Parks Supervisor Police Records Supervisor Recreation Supervisor Streets Supervisor Supervising Mechanic S:AO &Management Salary Schedule fi RESOLUTION NO. 9016 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, the City Council of the City of San Luis Obispo, hereinafter referred to as "Public Agency ", and the Board of Administration of the Public Employees' Retirement System entered into a contract effective July 5, 1952, providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, said contract was amended effective November 5, 1999. Due to an inadvertent error /omission, "Paragraph 7h" should have been included to read "Section 21024 (Military Service Credit as Public Service) for local police members only "; and WHEREAS, Section 20472 of the Government Code provides that errors in any contract may be corrected through amendments approved by adoption of suitable resolutions by the contracting parties. NOW, THEREFORE, BE IT RESOLVED that said governing body of Public Agency authorizes, and it does hereby authorize, a contract error amendment to said contracts effective November 5, 1999, and January 7, 2000, as follows: A. Paragraph 7h of said contract shall be added as follows: Section 21024 (Military Service Credit as Public Service) for local police members only. BE IT FURTHER RESOLVED, that the presiding officer of the governing body of Public Agency is hereby authorized, empowered, and directed to execute said amendment for and on behalf of Public Agency. Upon motion of Council Member Marx seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None R 9016 Resolution No. 9016 (2000 Series) Page 2 The foregoing resolution was adopted this 29`h day of February, 2000. BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF SAN LUIS BY B� KE: ON, CHIE MAYOR ACTU & EMPLOYER SERVICES DIVISION PUBLIC LOYEES' RETIREMENT SYSTEM APPROVED AS TO FORM: 00 C� RESOLUTION NO. 9015 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OPPOSING SENATE BILL 402 WHEREAS, the California Legislature is considering Senate Bill 402, authored by Senator Burton, which imposes compulsory and binding arbitration of public safety union collective bargaining disputes; and WHEREAS, Senate Bill 402 allows the arbitrator to make binding decisions regarding compensation, benefits, discipline, deployment of the workforce and virtually any issue he /she finds to be a term and condition of employment; and, WHEREAS, Senate Bill 402 gives unilateral control to public safety bargaining units to determine impasse and call for arbitration, and, therefore, creates a disincentive for unions to engage in good faith bargaining; and, WHEREAS, Senate Bill 402 purports to use arbitration to prevent public safety employee strikes, when such actions are already illegal under law and court decisions; and, WHEREAS, Senate Bill 402 would effect an unconstitutional transfer of local authority and control of local agency budgets, in violation of the Home Rule conferred upon Charter Cities, and gives that control to an individual with no accountability to the local community, thereby disenfranchising local elected officials and taxpayers; and, WHEREAS, Senate Bill 402 clearly reduces the authority of City Councils denying them substantial decision - making authority over the most significant part of their operational budget, and WHEREAS, SB 402 imposes a clear and costly State mandate on local public agencies, both in the process and effect of binding arbitration; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo declares its opposition to Senate Bill 402, and calls upon State legislators to recognize the importance of local control of local budgets and public services, and to vote against this unreasonable and inappropriate intrusion on Home Rule. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None R 9015 Resolution No. 9015 (2000 Series) Page 2 The foregoing resolution was adopted this 29`h day of February, 2000. Mayor Allen Settl APPROVED AS TO FORM: �i �%J ����� X I/l� -/V��' RESOLUTION NO. 9014 (2000 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 2000 WHEREAS, a major objective of the City Council is to adopt an aggressive legislative program which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, with four County supervisors representing different portions of the City, it is imperative that the City develop an improved system for regular communication with the Board of Supervisors, particularly concerning land use issues adjacent to the City; and WHEREAS, the City should continue to emphasize developing a positive relationship with North County Cities and agencies concerning water issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A ", the League of California Cities legislative priorities identified in Exhibit "B "and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Program is face -to -face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo does hereby establish the Legislative Action Priorities for 2000, as set forth in the attached Exhibits "A" and "B ", and authorizes staff to take positions on legislation generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City. Upon motion of, Council Member Marx seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None R 9014 Resolution No. 90014 (2000 Series) Page 2 The foregoing resolution was adopted this 29`h day of February, 2000. Mayor Allen Settl Lee Price, City Clerk APPROVED AS TO FORM: n � . ! . Wal 0 EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 2000 FEDERAL PRIORITIES • Requiring funding of federally mandated programs, including new water /wastewater regulations, or eliminating such mandates • Promoting continued and increased funding sources for transportation, especially transit • Obtaining new funding sources to expand low and moderate income housing • Supporting legislation to transfer ownership of Salinas Reservoir to a local agency for the purpose of facilitating the Salinas Dam Expansion Project • Supporting legislation on coastal preservation • Supporting legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt employees • Supporting continued funding for the Land and Water Conservation Grant Program • Supporting legislation to exempt cities from liability for leakage of hazardous waste discharge to POTW's from sewer • Supporting legislation which strengthens the ability of cities to control their public rights -of -way and apply zoning regulations relative to the telecommunications industry • Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc. • Supporting legislation that grants monies to local government for infrastructure improvements in areas that have contamination from oil and gas production. • Endorsing legislation which provides local government with a fair share tax on catalog and internet sales and opposing legislation that limits state or local authority to tax catalog or Internet sales • Supporting legislation which assists welfare reform to work in a positive way and provides funding for the social service programs of local non - profit organizations • Obtaining cooperation and prompt approval from the EPA and Army Corps of Engineers for necessary flood control projects and lake dredging R 9014 • Supporting legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best known to local authorities at the local level • Supporting legislation for grant funding for steelhead restoration projects • Opposing mandatory social security for newly hired local governmental employees • Supporting legislation to promote the responsible and cost effective reuse of biosolids • Supporting the existing federal water efficient plumbing standards contained in the Clean Water Act • Promoting Federal efforts toward preservation of open space, coastal resources signature land forms, wetlands, and other natural resources or areas threatened by development • Supporting the creation of National Marine Sanctuary off the Coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development • Supporting legislation that encourages research and development by businesses through tax credits or other incentive programs • Supporting legislation that grants monies to local agencies, educational institutions and non - profit corporations to provide incubator services to new and small businesses dedicated to developing new technologies • Supporting legislation that funds the arts — especially public art STATE PRIORITIES FINANCE • Supporting efforts to protect the City from loss of revenues due to State mandates • Supporting legislation that strengthens opportunities for local fiscal independence • Retuming ERAF • Supporting efforts to "protect, preserve and reform" local government revenue sources" • Supporting legislation which better assures any reductions in Vehicle License Fees by the State will be back -filled to local government in a permanent way R 9014 C, • Supporting funding for state tourism promotion • Endorsing legislation which provides local government with a fair share tax on catalog and internee sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales COMMUNITY DEVELOPMENT • Opposing mandated State approval of local General Plan Elements, such as implementing and compliance with State General Plan Housing element law • Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings • Promoting state efforts toward preservation of open space, coastal resources, signature land forums, wetlands, and other natural resources or areas threatened by development • Promoting realistic housing requirements in the Housing Element • Promoting the concept of Urban Growth Boundaries • Promoting funding for the arts, especially public art • Promoting legislation which moves final decision on school site locations from school district authority to local government (city or county) authority PUBLIC SAFETY • Preserving city's authority to investigate police misconduct • Preserving city's authority to establish emergency medical service levels • Increasing City authority to regulate group homes for juvenile offenders • Continuing support for disaster preparedness /earthquake preparedness • Supporting grant requests for Regional Hazardous Material Response Team, and a training facility • Supporting efforts to secure higher levels of cost recovery for DUI's • Supporting efforts to expand the scope of parental responsibility for crimes committed by minors R 9014 Supporting efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole • Preserving the authority of local control on issuance of concealed weapons permits s Supporting a state -wide gaming commission to oversee all forms of gambling in the state • Retaining budget commitments for Public Safety supplemental funding - State COPS Program • Supporting legislation to help curb underage drinking • Supporting another ABC inspector to work on minor /alcohol issues • Opposing new or increased state fees for state provided law enforcement services TRANSPORTATION • Changing Gas tax laws to allow local tax for transportation purposes based on a majority vote of the public • Increasing transportation funding (including transit, bicycles, others), especially transit HUMAN RESOURCES/E IPLOYEE RELATIONS • Further reforming Worker's compensation • Opposing SB 402 and the mandate of a system of compulsory and binding arbitration for the resolution of collective bargaining disputes with police and fire employees for all public agencies • Preserving the fiscal integrity of PERS and opposing State mandates that augment PERS benefits outside of the collective bargaining process • Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to curtail management rights • Monitoring employee healthcare/benefit changes • Opposing SB 739 and substantial amendments to the Meyers -Milias-Brown Act and the establishment of the Public Employee Relations Board (PERB) as an authority over local government collective bargaining to include agency shop, etc. R 9014 PUBLIC WORKS • Better defining "qualified" bidders in public contracts bidding • Redefining Prevailing wages as "average" local wages • Streamlining Federal and State process for funding street projects • Increase to $20,000 limits of work (from $5,000) for public projects not requiring competitive bidding PARKS AND RECREATION AND NATURAL RESOURCES • Supporting recreational programming, particularly for "at risk" individuals within the City • Supporting funding for: protection of natural resources (e.g., the Morros), open space, and parks development (e.g. Proposition 12) • Supporting funding for rehabilitation of urban parks • Supporting efforts at the State level for a park and open space bond measure • Obtaining grant funding for unmet community recreational needs • Improving the timeliness and accuracy of fingerprinting for volunteers UTILITIES • Providing funding for reclaimed water programs • Supporting clean water grant programs • Supporting legislation to enhance local government's ability to comply with solid waste requirements • Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers. (Repeal SB 709) • Supporting legislation which will enhance market development for recycled materials IA KIM I • Supporting legislation to exempt cities from liability for leakage of hazardous waste discharged to POTW's from sewer • Supporting legislation to increase availability of grant funding for replacement of aging infrastructure • Supporting legislation promoting the responsible and cost - effective reuse of biosolids • Supporting legislation to streamline the state regulatory permit process through the use of general permits COUNTY PRIORITIES • Reaching agreement with the County and North County communities on solutions for Salinas Reservoir expansion and Nacimiento pipeline projects • Developing consistency between the City and County General Plans, particularly to emphasize the concepts that (1) urban development should be municipal, and (2) unincorporated areas shall remain rural, agricultural, or open space in character • Retaining County administrative and judicial offices and courts in the in the downtown area • Improving regional solid waste management • Developing cooperative approaches for providing services on a regional basis • Resolving County issues relative to the local review of biosolids to maximize our opportunities for safe and cost effective reuse opportunities • Discussing and resolving issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and industrial areas, allowing substantial development beyond the City's urban reserve line and giving greater credence to and respecting the integrity of the City's planning process Continuing to work with other cities to convince the County that urban-like development should take place within the boundaries of cities, and not in the unincorporated areas — and especially not within the urban growth boundaries of cities • Encouraging participation by County in providing nearby parking for County employees and clients R 9014 EDUCATION Supporting efforts to adequately fund the educational units within our community: - primary and secondary schools - special education programs for disadvantaged as well as gifted students - Cuesta College -the CPSU /SLO; whose unique programs and educational approach within the CSU warrant special consideration R 9014 �! Approved in Principle' by the Board i ^erectors League of California Cities, January,.), 1000 Introduction With the passage in the 1999 session of legislation calling for the development of a proposed constitutional amendment to restructure the state - local fiscal relationship, the League Board of Directors appointed a special task force and charged it with studying the issues and formulating recommendations for addressing some of the major problems in the state -local fiscal relationship in California. The task force has reviewed the recommendations of the various fiscal reform groups as well as discussed other ways to achieve greater balance and predictability in local revenue systems and land use decision - making. Nature of the Problem The current crisis instate -local finance has its roots in a number of problems, including, but not limited to: Unpredictability in City Revenues. Declines in federal, state and county aid to cities (down from 21 percent to 13 percent of revenues since 1974 -75) and major reductions in property tax revenues since the early 1990s have substantially undermined the stability of city revenues.. Since 1992 -1993, cities have lost $2.8 billion in property taxes (net of Prop. 172) that was diverted to fund schools. These losses have led to service and program reductions in cities across the state. Increasing Reliance on the Sales Tax. In the face of unreliable funding from intergovernmental sources as well as the property tax, cities have become even more reliant on the local sales tax (i.e., Bradley -Bums 1% sales tax) and fees and charges to fund essential services. Sales and use tax revenues are by -far the largest source of general fund revenue for cities today, providing more than 50 percent of the general fund revenues in many cities. Possible Effects on Land Use Decisions. With the sales tax being the last remaining general revenue source with potential growth for cities, concern. has been expressed by some legislators, city officials, county officials and other observers that cities and counties may place undue emphasis on the sales tax potential of certain retail land development proposals in comparison to other competing and desirable uses such as industrial and residential development. This has been referred to as the "fiscalization" of land use decisions, and it has not been the subject of extensive study. For'those who believe that tax policy drives land use decisions, there is anecdotal evidence to suggest this may be happening. Unfunded State Mandates. While the California Constitution contains protections for cities from unfunded state mandates, the obstacles cities experience in the lengthy process required to secure reimbursement of an unfunded mandate can lead to years*of delay and expense. Moreover, the appointment of the members of the Commission on State Mandates, without local government input, may- predispose the Commission against reimbursements. - - - - 1 Both the Board of Directors and the Task Force directed that this report be circulated among the League divisions, departments and membership for further review and comment. This report is viewed as a starting point for discussions on the critical issue of fiscal reform. The Task Force will continue to meet monthly to continue to refine it and incorporate recommendations and comments received from city officials. Exhibit B (2) R 9014 I Conclusion The League Board of Directors and Task Force on Fiscal Reform respectfully submit these recommendations for review and consideration by League member cities, interested legislators, and staff. As the League completes further research on the impacts of the recommendations contained in this report, they will be shared with all interested parties. Exhibit B (3) R 9014 ��� "� O � O ��-- . -� RESOLUTION NO. 9013 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REVISING THE MANUAL ENTITLED "COUNCIL POLICIES AND PROCEDURES," AND RESCINDING ALL PREVIOUS VERSIONS OF SAID MANUAL WHEREAS, State law requires that a City Council comply with certain requirements designed to provide reasonable and adequate public notice of meetings; and WHEREAS, procedural rules regarding Council meetings and the conduct of the public's business allows Council Members and the public an opportunity to speak freely and fully on all matters of public interest; and WHEREAS, procedural rules for the conduct of meetings of the City Council promotes and enhances a more efficient and effective means of conducting the public's business; and WHEREAS, procedural rules ensure that the will of the collective Council determines its priorities and decisions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo: SECTION 1. The Council hereby amends the Council Policies and Procedures Manual, a copy of which is attached hereto marked Exhibit "A ", is incorporated herein, and replaces all previous versions of the Council Policies and Procedures Manual. SECTION 2. A copy of the Council Policies and Procedures Manual shall be maintained on file in the Office of the City Clerk, shall be distributed to all Council Members and Department Heads, and shall be available to the public during reasonable business hours. Upon motion of Council Member Romero,seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Romero, Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted this 1st day of February, 2000. R9013 Resolution No. 9013 (2000 Series) Page 2 City Clerk APPROVED AS TO FORM: en, y Attorney 1�1M''Vl I11l Vll VV4llV �'�� °� O O �d�� -. THE REVISED COUNCIL POLICIES & PROCEDURES WILL BE ATTACHED AT A LATER DATE AND AFTER THE COUNCIL TAKES.. ACTION (IF ANA ON COMPENSATION ISSUES. RESOLUTION NO. 9012 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A REVISED CIRCULATION ELEMENT OF THE GENERAL PLAN FOR THE ALIGNMENT AND EXTENSION OF PRADO ROAD WHEREAS, the City Council has reviewed and considered the staff recommendation, correspondence, and public testimony concerning the revised Circulation Element; and WHEREAS, the City Council has reviewed and considered the draft initial environmental study and mitigated Negative Declaration, correspondence, and public testimony pertaining to them. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Circulation Element of the General Plan is hereby amended as follows: Amend Figure #2 to show Prado Road extending eastward from its current terminus, intersecting Broad Street midway between the Industrial Way and Capitolio Way intersections — as shown on the attached map. 2. Retain the classification of Prado Road between South Higuera and Broad Streets as a "Regional Route." SECTION 2. Environmental Determination. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential environmental impacts of the proposed General Plan Circulation Element amendment, and reflects the independent judgment of the City Council. The Council determines that the General Plan Circulation Element amendment, as mitigated, will have no significant effects on the environment. The Council hereby adopts said Mitigated Negative Declaration. The newly adopted Circulation Element shall be effective on the thirtieth day after passage of this Resolution. Upon motion of Vice Mayor Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Schwartz, Ewan, Mayor Settle NOES: Council Members Romero, Marx ABSENT: None the foregoing resolution was adopted this 1st day of February, 2000. R9012 Resolution No. 9012 (2000 Series) Page 2 ATT T: KI Lee Price, C.M.C.. City Clerk APPROVED AS TO FORM: hwIMMANZIM Kim o �� v'��� 2 �� �� I Ir el Ir e. Ir ^, n RESOLUTION NO. 9011(2000 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON A PORTION OF THE PUBLIC RIGHT -OF- WAY AT THE EASTERLY END OF BUCHON STREET, ADJACENT TO 1330 BUCHON STREET AND THE UNION PACIFIC RAILROAD . RIGHT -OF -WAY, (ABAN 11 -99) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on January 12, 2000, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request to abandon a portion of the public right -of -way (R/W) at the easterly end of Buchon Street, adjacent to 1330 Buchon Street and the Union Pacific Railroad (UPRR) right -of -way; and WHEREAS, the City Planning Commission found that the proposed right -of -way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings, and subject to conditions as indicated in Planning Commission Resolution 5281 -00, incorporated herein by reference. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon a portion of the public right -of -way at the easterly end of Buchon Street, adjacent to the UPRR R/W as shown on the map marked Exhibit "A ", attached hereto and incorporated herein by reference, pursuant to Section 8300 et.seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings, and subject to the following conditions: Findings: 1. The proposed street abandonment is consistent with the Circulation Element of the general plan because this segment of Buchon Street is not identified in the element as being necessary for vehicular circulation. 2. The remaining public right -of -way will continue to serve public circulation needs with: the installation of a turn- around at the new terminus of Buchon Street; the dedication of an easement for public pedestrian and bicycle path needs; and the construction of a bicycle path connection from the end of Buchon Street to the Union Pacific Railroad right -of -way. 3. The proposed street abandonment will not adversely affect public and private utilities with the reservation of permanent easements to insure the continued use of these facilities. RQO /l City Council Resolution No. 9011 (2000 Series) o Page 2 4. The right -of -way abandonment benefits the general public by providing for public pedestrian and bicycle path needs, and assisting in the development of an affordable housing project on the adjacent properties. 5. The proposed right -of -way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. 6. The street easement is unnecessary for present and prospective public use. Conditions: 1. If the Council determines that a portion of the right of way should be abandoned, easements must be reserved for any public and private utilities to the satisfaction of the City and the respective utility companies. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution by the City Council. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, March 21, 2000, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This.resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street right -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right -of -way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. n City Council Resolution No: 9011 (2000 Series) Page 3 On motion of Council Member Ewan, seconded by Council Member Romero, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz. and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 1st day of February 2000. W City Clerk Lee Price APPRO //,I/Att ey ff G. Jorgensen Attachment: Exhibit "A" - Street right -of -way Abandonment Map Al':Yl66cl) AREA OF STREET ABANDONMENT (HATCHED AREA) 0 1 EOINNIN 0�yk S'LY CORNER OF BLOCK 19, CENTRAL ADDITION 0 0 M Attachment 2 Q� G�' J�5 O�yti6 of 19.94' � f � C3 I� W rn C 30' 30' POINT OF COMMENCEMENT e10"SON 4 f1ZArl1,E KFe o?ff RZ.Y ZSSZZ ST,) I I 0 10' 20' 40' SCALE. 1" = 20 FT. TWIN CITIES SURVEYING 613 MW S7Rff7 / P.Q BOX 777 (&5 l (BOPS ) 43*-36&f .a imau C� Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis Obispo, CA Doc No: 2000-021055 Rpt No: 00036128 Official Records ;NF -1 0.00 San Luis Obispo co. ; Julie L. Rodewald Recorder ; May 16, 2000 ; 93401 Tirme: 1E5j:22 `l J ; TOTAL _ 0.00 RESOLUTION NO. 9010 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF THE HILL STREET PUBLIC STREET RIGHT -OF -WAY, NORTHWESTERLY OF MOUNTAIN VIEW STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF A PUBLIC UTILITY EASEMENT AND RECORDATION OF A LOT LINE ADJUSTMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on January 18, 2000, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that the portion of public way, as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way, subject to: A. Recordation of a Lot Line Adjustment to provide legal frontage along the existing Hill St. "cul de sac" for the parcel commonly known as 359 Hill St. (APN 001 - 171 -003), concurrently with recordation of this resolution, to the satisfaction of the Community Development and Public Works Directors. B. Reservation of an easement for public utilities, as depicted and described on "Exhibit' A ", as follows: "Reserving however, to Pacific Gas and Electric Company, the right from time to time to install, maintain, repair, operate, replace, remove and renew lines of wires, poles and other structures, equipment and fixtures, both above ground and underground, for the operation of said facilities in said public way. SECTION 3. Access shall be provided to all legal lots. SECTION 4. This resolution shall expire and shall be considered null and void, unless the above Condition 2 A is met within one (1) year from this date. ff •O Resolution No. 9010 (2000 Series) Page 2 SECTION 5. The City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote, AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 1St' day of January, 2000. '% APPROVED AS TO FORM: J Lee Price, City Clerk 7e� n Attorney Cto Allen K. Settle R Cd O d V U -o 3 L � v e ell o, s _a 't 5 W 0 =L bo cb4 I 'Co ot \ e e s e \ 1p, . eg 44'9a. ge �Ay� �O> 84 �o 0 °o N W �xz V � 2 v h July 27, 1999 C O Exhibit A CShed- That portion of Hill Street in the City of San Luis Obispo, County of San Luis Obispo, State of Califomia as shown on map of the Anholm Addition recorded in Book 3, Page 91 of Maps in the Office of the Recorder of said county, described as follows: Beginning at the most Northerly point of the Southwesterly line of Hill Street as shown on said map; Thence North W 25' East,. along. the Northerly line of said Anholm Addition, 60.5 feet, more orless, to the Northeasterly line of Hill Street; Thence South 340 50' East,. along said Northeasterly line, 241.50 feet, more or less, to the most Southerly comer of Lot 3, Block 6 of said Anholm Addition; Thence South 55° 10' West, perpendicular to said Northeasterly lime, 50.00 feet to a point on the Southwesterly line of Hill Street; Thence North 340 50' West, along said Southwesterly line, 275.54, more or less, feet to the point of beginning, containing 12,926 square feet, more or less, as shown on Exhibit B, attached hereto and made a part hereof. RESERVING THEREFROM, an easement for Pacific Gas and Electric Company, as stated in this SECTION 213 of this resolution and as depicted (hatched) on Sheet l of this Exhibit A. HM SL abandonmerR K:MMY 22359WM1D -SLd= . -1 z� r' G 25� �Q J C /OS -20 / J �• i i R-1 -S �e \ ry 01 O �5 9� 1 2e� ro use -1 ah o m R -1 i ,a �R -1 i 398 I � e l II��P aP �•� o .1.R�- � I C -N R -1 i a � J C -N R- i °oo O \ i SO to R -1 C /OS -20 �4 :?,- END OF DOCUMENT P(A) Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis Obispo, CA 93401 Doc No: 2000 - 029421 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder May 26, 2000 Time: 14:57 Rpt No: 00039286 ;NF -1 0.00 51 ,TOTAL 0.00 RESOLUTION N0.9009 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF THE PUBLIC STREET RIGHT OF WAY AT THE SOUTHERLY CORNER OF NIPOMO STREET AND DANA STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO DEDICATION OF NECESSARY RIGHT OF WAY FOR PROPOSED REALIGNED SIDEWALK BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on January 18, 2000, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that the portion of public way, as described and shown on the map marked "Exhibit A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way, subject to: A. Submittal of a right of way deed for a portion of the abandoned right of way that is necessary to maintain a 10 ft. wide sidewalk at the corner, as shown on said "Exhibit A ". B. Reconstruction of the curb, gutter and sidewalk and pavement in the new alignment approved by the by the Public Works Director. SECTION 3. This resolution shall expire and shall be considered null and void, unless the above Conditions 2A and 2B are met within one (1) year from this date. SECTION 4. The City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. On motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members, Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None C� Resolution No. 9009 (2000 Series) Page 2 The foregoing resolution was adopted this 18`h Lee Fnce, City Clerk APPROVED AS TO FORM: /efQ/y G/Jor nsen66ity Attorney 0 day of January, 2000. Mayor Allen K. Settle <o o� N :W O ,O U".) DANA STREET FAR r,AL CURVE D= 36'43'46" S53'07'00 "W R= 175.00' L =ff2.18' 75.17' 3 100.00' 1.15' N r lo, o ti 2 .Or4L CURVE \( J r r JS 734 D =43'17' ' / R= 175.00 MARCH 20, 1872 L= 132.23' DEC. 24, 877506 oh 200.2 r ,00 "E 0� 2•R 00ow �35' Y) g0 NA�0 OF 3,00E �O 5 54i W. cT < SCALE 1"--40' fi Jr r J, S-) JJJ MARCH 6, 1872 W W W a r 12 I 3 °o Z O O O O R R M D E S I G N G R 0 U P ;t Architecture • Planning • Engineering Surveying • lnleriors • landscape. Architecture 3701 South Higuera Street San Luis Obispo. California 93401 805/513 -1794 n km W�b..t Ar 276605. Us 6276. v;.b.. c... me som EXHIBIT A Legal Description A portion of Block 61 in the City of San Luis Obispo, County of San Luis Obispo, State of Califomia, according to the Harris and Ward's map of said City, on file in the office of the County Recorder of San Luis Obispo, State of California particularly described as follows: Beginning at a point of the Southerly line of Dana Street, in said City, distant South 530 07' West 100.00 feet from the intersection of the Southeasterly line of Dana Street and the Southwesterly line of Nipomo Street, said point being the Westerly comer of land described in deed recorded December 24, 1877 in Book J of Deeds at page 384 hereinafter called °deed parcel"); thence 1) South 360 53' East along the southwest line of said land 1.15 feet to the beginning of a non - tangent curve concave southerly having a radius of 175.00 feet and northerly line of said deed parcel, a radial to said curve bears North 301119' 15" West; thence 2) Easterly along the arc of said curve and said northerly line of deed parcel through a central angle of 36° 43'46" and arc distance of 112.18 feet to the Southwesterly line of Nipomo Street, a non - tangent line; thence 3) North 360 53' West 47.62 feet to intersection of the Southeasterly line of Dana Street and the Southwesterly line of Nipomo Street; thence 4) . South 530 07' West 100.00 feet to the point of beginning. The above described parcel is graphically shown on Exhibit "B" attached hereto and made a part hereof. Word tllesVegaldesc\QUITCLAIM.doc I, 99 % J. •'` n 0 Ell % jr-,\ FI-PD -H, ZIR C-C ty 0 50 100 150 Feet AAMR& C-c- END OF DOCUMENT `moo 0% Gto,w Z o RESOLUTION NO. 9008 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE DEPARTMENT OF PUBLIC WORKS POLICY ON PEDESTRIAN CROSSWALKS WHEREAS, the City Council and the City's General Plan actively encourages pedestrians and alternative modes of transportation within the City; and WHEREAS, the City Council has identified that pedestrian safety and mobility should be proactively pursued and implemented throughout the City, and WHEREAS, the State of California Vehicle Code and Traffic Manual authorize the City Council to install, maintain and set policy regarding the use of traffic control devices, traffic signs and striping and other traffic control methods. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Approve and adopt the Department of Public Works policy on Pedestrian Crosswalks attached as Exhibit A. SECTION 2. Authorizes the Director of Public Works to implement the policy and make modifications as necessary to ensure the success of the crosswalk safety program. Upon motion of Council Member Marx, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 18th day of January, 2000. �1 Mayor Allen e tle ATTEST:`-� // APPROVED AS TO FORM: Lee Price, City Clerk Je ,Xreyg. Jo t'ge *n, ,fity Attorney VIVO 11: Resolution 9008 (2000 Series) City Of San LUIS OBISPO Department of Public Works Traffic Engineering Division Operating Policies PEDESTRIAN CROSSWALKS (Title) EXHIBIT A EFFECTIVE DATE: 01/19/2000 SECTION: TRAFFI PAGE 1 OF 5 POLICY OBJECTIVE To establish guidelines on where pedestrian crosswalks, pedestrian traffic control warning devices and other miscellaneous pedestrian control devices are installed on City streets. SUMMARY A. GENERAL A_ crosswalk is a unique traffic control - device. It can be marked or_unmarked. Crosswalk____ markings Should Not be used indiscriminately because it has been shown that pedestrians may develop a false sense of security regarding their use of a marked location. However, a marked crosswalk should be installed where an engineering study is performed that determines if marked crosswalks are appropriate at locations that are not controlled by traffic signals, flashing beacons or stop signs. B. INSTALLATION OF A MARKED CROSSWALKS ON UNCONTROLLED APPROACHES OF AN INTERSECTION Based on industry standards in both the Caltrans "Traffic Manual ", the "Manual of Uniform Traffic Control Devices" (MUTCD) and criteria that have been successful in other similar jurisdictions, the following guidelines should be used to determine appropriateness of marked crosswalks on public streets. Marked crosswalks may be considered for installation at uncontrolled locations if the following requirements are met: • The pedestrian volume is -40-or--m----ore per hour during the peak hour of pedestrian usage, or; there are 30 groupings of two or more pedestrians for a continuous 2 -hour period twice a day, and; • The 85`h percentile approach speed is below 40 MPH, and; • The roadway has less than three travel lanes in one direction, and; • The proposed crosswalk has adequate lighting for nighttime visibility (if the location satisfies all other criteria the City shall install street lighting as part of the crosswalk installation), and; • There is an unrestricted visibility of the crosswalk for a minimum distance as listed in Table A -1: II �' SECTION: TRAFFIC PEDESTRIAN CROSSWALKS PAGE 2 OF 5 SUMMARY - CONTINUED Table A -I Minimum Sight Distance Design Speed Minimum Sight Design Speed Minimum Sight (MPH) Distance (m) (MPH) Distance (m) 20 38 45 110 25 46 50 131 30 61 55 152 35 76 60 177 40 91 65 (8) 201 (a) City Traffic Engineer must approve crosswalks with greater than 40 MPH design. • If residential, the roadway conducts 2,700 ADT or more, and: • There is no controlled crosswalk (by a traffic signal or stop sign) within one block (200m) of the proposed crosswalk. The City Traffic Engineer may authorize the installation of a marked crosswalk(s) that does not satisfy -all _of the_criteria.in Section- B- if- it.. is. deemed. that, based -on- analysis; other unique circumstances warrant the installation of the marked crosswalk. The circumstances include . but are not limited to: school pedestrian crosswalks on a City approved "Safe Route to School Map ", channelization of pedestrians to a single point of crossing, or otherwise clarify the appropriate place for a safer crossing. All marked crosswalks installed at uncontrolled locations should be "high- visibility" ladder type crosswalks. C. INSTALLATION OF MARKED CROSSWALKS BETWEEN INTERSECTIONS (MIDBLOCK) A midblock marked crosswalk may be installed if it meets the requirements of Section B, and all of the following: •_ _ The _length of the block between intersections is greater than .200..m, and.____ • There is reasonable demand by pedestrians, as demonstrated by an engineering survey, to cross within a concentrated area that is 90m or greater from the nearest signal or stop sign controlled intersection, and; • There is a high pedestrian volume generator nearby. The City Traffic Engineer may authorize the installation of a marked crosswalk(s) that does not satisfy all of the criteria in this section if it is deemed that, based on analysis, SECTION: TRAFFIC PEDESTRIAN CROSSWALKS PAGE 3 OF 5 SUMMARY - CONTINUED other unique circumstances warrant the installation of the marked crosswalk. (see Section B for examples) D. REINSTALLATION OF MARKED CROSSWALKS COVERED BY ROADWAY SURFACING The reinstallation of marked crosswalks shall be evaluated as part of all roadway surface treatment projects that cover up pavement markings (slurry seal, chip seal, and overlay). All marked crosswalks that do not meet the criteria in this Policy (where applicable as determined by the City Traffic Engineer) should be removed unless there are unique circumstances. Crosswalks that are installed as part of the City's annual Pavement Management Plan (PMP) shall be thermoplastic markings. On roadways scheduled for upcoming PMP activity, crosswalks shall be installed in paint if the PMP rehabilitation work will occur within 4 years of crosswalk installation; otherwise the crosswalk will be installed in thermoplastic markings. E. MARKED CROSSWALK REMOVAL Subject to the completion of an engineering study, existing crosswalk markings may be removed if one or more of the requirements of Section B or C is not met. F. HIGH- VISIBILITY CROSSWALKS High - visibility " Hi -Vis" type ladder crosswalks should be marked at uncontrolled marked crosswalks or where it is determined by the Traffic Engineer that their use will benefit marked crosswalk effectiveness at crosswalks controlled by traffic signals or stop signs. w Figure 1:" Hi -Vis" Crosswalks Hi -Vis crosswalks will include two .3m white or yellow longitudinal markings and .6m ladder markings equally spaced on and between vehicular travel lanes. Where Hi -Vis crosswalks are placed on local roads or streets that contain no painted lanes, the ladder marking shall be equally spaced 1.5m (on center) apart across the width of the traveled way. SECTION: TRAFFIC PEDESTRIAN CROSSWALKS PAGE 4 OF 5 SUMMARY - CONTINUED G. MARKED CROSSWALKS AT TRAFFIC SIGNAL LOCATIONS Marked crosswalks should be installed at all designated crosswalks at intersections controlled by traffic signals. These crosswalk markings should be .3m white or yellow markings and spaced a minimum of 3m apart. Crosswalks shall not be marked at locations where pedestrian crossings are prohibited for safety or operational reasons. In these instances, the Traffic Engineer shall erect appropriate signage prohibiting the crossing and instructing pedestrians to the appropriate crossing locations. H. MARKED CROSSWALKS AT STOP/YEILD CONTROLLED LOCATIONS [Section forthcoming] I. PEDESTRIAN SIGNALS, PUSH BUTTONS AND INFORMATIVE SIGNS AT SIGNALIZED LOCATIONS Pedestrian signals, push buttons and - crossing information - signs should be installed -at- - appropriate traffic signal locations within the City to assist pedestrians in crossing the street. Pedestrian signals should be LED displayed and of the "international" symbol type for "walk/don't walk" displays. Pedestrian push buttons should be ADA accessible and should be supplied, where appropriate, for each crossing at the signalized location. J. SCHOOL CROSSWALKS School crosswalks are to be established by the Traffic Engineer at appropriate crossing locations on the City - approved "Suggested Route to School" map. Warrants and locations of the school crosswalks shall be based on recommended guidelines as contained in the Caltrans, "Traffic Manual ", and the "Manual of Uniform Traffic Control Devices" (MUTCD). K. TRAFFIC CONTROL DEVICES FOR CROSSWALKS Traffic. control _devices for_ crosswalks _should-be installed per the MUTCD, the California__ - Vehicle Code and the "Traffic Manual ". Where discrepancies exist for the proper installation of advanced traffic control devices, it shall be the Traffic Engineer's determination on appropriate sign and warning combinations on a case -by -case basis. L. IN- GROUND PAVEMENT LIGHTING FOR CROSSWALKS In- ground (or in- pavement) crosswalk lighting incorporates the use of lights that are imbedded in the pavement, similar to lights used in the runways of airports. Their use has been proven effective in certain crosswalk locations particularly for multi -lane arterials that have limited visibility of pedestrians. However, their use should be limited to only those locations where in- ground pavement lighting will promote visibility of pedestrians more effectively than other �Ililil'lill�;�� I � Illl�lli'� `! SECTION: TRAFFIC PEDESTRIAN CROSSWALKS PAGE 5 OF 5 SUMMARY - CONTINUED warning devices that have proven ineffective in advising motorists of crosswalk occupation. In- ground pavement lighting may be considered at uncontrolled crosswalk locations if the following requirements are met: • The pedestrian volume is 100 or more per hour for a period of any four hours of the day, or; there are 100 groupings of two or more pedestrians for a continuous 2 -hour period twice a day, and; • The pedestrian volume after dark is 75 or more for any one hour or: 25 or more for a period of any four hours during the night time, and; • The roadway conducts 10,000 ADT or more, and: • The 85 h percentile approach speed is 35 MPH or less, and; • The roadway has two or more vehicular travel lanes in one direction but not more than four through lanes in both directions, and; - - - -- - - -• - The crosswalk is not controlled by a traffic-signal, stop -or yield sign. The Traffic Engineer shall establish specifications for the installation of in- ground pavement lighting in accordance with State and City standards. The specifications should consider the following: Automatic Activation (passive`detection), adjustable light orientation and levels of illumination, accompaniment of appropriate advance warning signage that could include the use of "smart" signs alerting motorists of pedestrian activity, and ability to be easily maintained. g K N v rn le U co N n 3 ac oc 7 ®a O O <3 a) 0 W NZ cjj� N L- V) 4- V) c I�tluAyul�I'njNJ'p\ C cn IN d V VI J (D C ® Ul mi W= O W. r ri V) CL it N t r CL CL ._ m V) cn O �} 0 U -C Q � p �- 3 O 0) a\ K N v K O U co N n 3 ac oc O ®a O O <3 HEN 0 W NZ cjj� N a V) O c HAM � a Ids M m �OOI II E 0 Am ,� v �o m m r cc eao m 3 3 � 3 o 3 � O o O O W v Las E a.= Z O O <3 N 0 W NZ cjj� N O La E O Q I�tluAyul�I'njNJ'p\ Ln 3 cn IN d V VI J (D C ® Ul mi W= W W. r ri V) CL it c r CL ._ m CO cn � s Q �- w O � U U LO t O N U _ c L O a ~ O � t U (A N HAM � a Ids M m �OOI II E 0 Am ,� v �o m m r cc eao m 3 3 � 3 o 3 � O o O O W v Las a.= Z O O <3 N 0 W NZ cjj� N O La E O Q I�tluAyul�I'njNJ'p\ Ln 3 cn IN d V VI 3 O ® Ul mi W= W W. r ri V) CL it c HAM � a Ids M m �OOI II E 0 Am ,� v �o m m r cc eao m 3 3 � 3 o 3 � O o O O W J Z O O <3 N 0 W NZ cjj� N O La E LL, Q 6U NN Oa 00o cn IN d V VI �O mi W= W W. r ri &� =Uin CL r CL m CO N yr O 7 Q c U yQ0 sao U) z o L zck:= U O e---% o _ -C -C \ U Q O C � Q N c ¢ S V) •— E o O 3 3 •— N LO -- �aD Nv C C3 m� ._ - =a4 W _0 � p U C3 N o m cn oa8 0 l a s JLOII WW i QSJp <SV # W)KV1 # WOW day ®� �W D in 3n m im B W a ° z W� SW VI= >O Z�p WC W S �Oy m m N c 0 0 Q � m -0 O � . m � $ o � V %I-- W 0 Q U C; L- F- OW ■ U ■ E 0 2 E � . � o Q . � E '§ — CY) c CY) .§ 0 - 5 � - - -- -- -- � -- — — -- .\. c ¥ » E 3 O k $ ■ § ■ � V) V) o - U 0 --- �- - -�� -- - -� - o � . ofW % il ME off£ :3§ 222 )§ §fig u Bez� 5 ■��§ ), —= n. �M' $a5©@ �§CL °S §gz 0 �k)k / �§ §KK *La sue§( §cl §/ BB 2 o ■ ■ � 2y ■q La 2 § . a ■�£§ � � �18 �o ... -- §/ BB 2 o 0 ■■ \ 2y ■q La a �� in s a ■�£§ � »� Q Kg to Bk ° � k � ... -- �. ... - - §� \\ # Qm �k 2 2 ■� e� �M )k a 5� �X �� © k §t W© o ° � k t� =I �§ �2 K§ &8 $■ ■ 00 _ CL LAJ CL m � ��� C. t crj�'� C� � RESOLUTION NO. 9007 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OPPOSING PROPOSITION 28 WHICH WOULD REPEAL THE TOBACCO TAX IMPOSED BY THE VOTERS BY PROPOSITION 10 WHEREAS, Proposition 28 would eliminate approximately $2.5 million a year from children's healthcare and preschool education programs in San Luis Obispo County; and WHEREAS, research and experience have shown time and again that investing in our children early and often is the best way to guarantee them a bright and healthy future; and WHEREAS, the passage of Proposition 10 was a tremendous victory for California's children and families; and WHEREAS, any effort to repeal Proposition 10 will threaten the health and well -being of our children; and WHEREAS, San Luis Obispo County's children desperately need the local Proposition 10 revenues. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City hereby declares its opposition in the strongest possible terms to Proposition 28 and any and all efforts to repeal Proposition 10, The California Children and Families Act. Upon motion of Council Member Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 18`h day of January, 2000. Lee Price, City Clerk Settle `11 Y Resolution 9007 (2000 Series) Page 2 APPROVED / O FORM n,0ty Attorney . ~/ � y, / ' RESOLUTION NO. 9006 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MODIFYING THE 1998 PAVEMENT MANAGEMENT PLAN WHEREAS, the Council adopted the 1998 Pavement Management Plan on April 14`s, 1998 by Resolution No. 8787, and; WHEREAS, the Council has approved via motion Modification to the Street Design Standards on November 2 °d, 1999; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 8787 is hereby amended by deleting Policy 2.1 and Policy 2.2, and replacing them with new sections as follows: Policy 2.1 is revised to: Set roadway design life at 50 years for all new streets, and 20 years for all reconstructed or resurfaced streets, and; Policy 2.2 is revised to: Set the Traffic Index (TI) at 9.5 for new arterial and collector streets; at 8.5 for reconstructed or resurfaced arterial and collector streets; at 7.0 for bus routes on local streets; 6.5 for new local streets; and 5.5 for reconstructed or resurfaced local streets. SECTION 2. All other terms and provisions of Resolution 8787 shall remain in full force and effect. Upon motion of Council Member Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 18a' day of January, 2000. Lee Price, City Clerk Allen RCioo(0 (71, 0 Resolution 9006 (2000 Series) Page 2 APPROVED AS TO FORM: Attorney ,�6 Q O RESOLUTION NO. 9005 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 2193 (1855 PREFUMO CANYON ROAD) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivider's request, staff recommendations and reports thereon, found that the one -year time extension is justified. SECTION 2. Action. That a one -year time extension for filing the final map for Vesting Tentative Tract Map No. 2193 is granted to January 20, 2001, subject to the original findings and conditions of tentative map approval, as specified in City Council Resolution No. 8758 (1998 Series). On motion of Council Member Romero, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Member Romero, Vice Mayor Schwartz, and Mayor Settle NOES: Council Members Ewan and Marx ABSENT: None The foregoing resolution was passed and adopted this 18`s day of January, 200 . s NLI r May Allen Settle Lee Price, City Clerk W.1UU61190:I R 9005 0 10 RESOLUTION NO. 9004 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FEDERAL TRANSPORTATION ASSISTANCE WHEREAS, the Federal Transit Administration has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS, a grant of Federal assistance will impose certain obligations upon the City San Luis Obispo and may require the City of San Luis Obispo to provide the local share of project costs; and WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. that the City of San Luis Obispo is the designated recipient as defined by 49 U.S.C. 5307 (a)(2), and 2. that the Public Works Director is authorized to execute and file an application for Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code and other Federal statutes authorizing a project administered by the Federal Transit Administration, and 3. that the Public Works Director is authorized to execute and file with the application the annual certifications, assurances, and other documents the Federal Transit Administration requires before awarding a Federal assistance grant, and 4. that the Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. Upon motion of Council Member Marx, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: None 411, Resolution 9004 (2000 Series) Page 2 The foregoing resolution was adopted this 4"' day of January, 2000. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: 'VIV