Loading...
HomeMy WebLinkAbout9084-9099RESOLUTION NO. 9099 (2000 SERIES) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE NATIONAL RECREATIONAL TRAILS FUND ACT — FISCAL YEAR 2001 -2002 WHEREAS, the National Recreational Trails Fund Act of 1991 provides funds to the State of California for grants to state, local, and nonprofit organizations to acquire, develop and/or maintain motorized and non - motorized trails; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within California, setting up necessary procedures governing project applications under the programs; and WHEREAS, said procedures established by the Department of Parks and Recreation require the applicant to certify by resolution approval of the application prior to submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California to complete the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby authorizes submittal of an application to the California Department of Parks and Recreation for the National Recreational Trails Fund Act program for the project known as Johnson Ranch Acquisition; and BE IT FURTHER RESOLVED that the applicant certifies that it has or will have, prior to commencement of any work on project, sufficient funds to operate and maintain the project and BE IT FURTHER RESOLVED that the City Council finds, per Section 15162 of the California Environmental Quality Act, that the project will reduce and limit the environmental impacts of the original project, and therefore determines that no further environmental review is necessary; and BE IT FURTHER RESOLVED that the City Council hereby appoints the City Administrative Officer as agent to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the aforementioned project. Resolution 9099 (2000 Series) Page 2 On 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 passed and adopted this 19`s day of September 2000. Allen K. Settle, Mayor ATTEST: 6 Lee Price, City Clerk APPROVED AS TO FORM: 6 W/ F/ /!4_ �! . mey q/T G� 0 RESOLUTION NO. 9098 (2000 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS JOHNSON RANCH ACQUISITION WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of ten years for grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance for the above project; and 2. Certifies that said applicant will make adequate provision for operation and maintenance of the project; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. C� Resolution No. 9098 (2000 Series) Page 2 C On 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 passed adopted this 19th day of September 2000. Allen K. Settle, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: �� o 0 ��� RESOLUTION NO. 9097 (2000 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 2001 -2002 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 IN SUPPORT OF ACQUISITION OF THE JOHNSON RANCH WHEREAS, the People of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreation and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been assigned the responsibility for the administration of a portion of the program within the state, including the establishment of necessary procedures governing grant applications by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 state grant assistance in support of the Johnson Ranch acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and R 9097 l Resolution No. 9097 (2000 Series) Page 2 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On 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 19th day of September 2000. Allen K. Settle, Mayor ATTES c C� Lee Price, City Clerk APPROVED AS TO FORM: 4Q� • ser City Attorney R 9097 ���� O O �� �'` � RESOLUTION NO. 9096 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE WATER REUSE PROJECT, MAKING AN ADDITIONAL ENVIRONMENTAL DETERMINATION, AND DIRECTING THAT A NOTICE OF DETERMINATION BE FILED WHEREAS, on March 25, 1997, the City Council adopted a resolution Certifying the Environmental Impact Report for the Water Reuse Project (SCH No. 92031048); and WHEREAS, on October 17, 1997, the National Marine Fisheries Service listed the South- Central California Coastal Evolutionary Significant Unit of steelhead as threatened and on July 28, 1999 issued a biological opinion concerning the impact of the Water Reuse Project on the steelhead; and WHEREAS, the biological opinion contained significant mitigations and monitoring requirements some of which are similar to mitigations proposed in the Mitigation Plan that was approved as appendix L of the Final EIR; and WHEREAS, a revised mitigation plan has been developed to incorporate the requirements of the biological opinion and the EIR; and WHEREAS, on June 21, 2000, the State Water Resources Control Board issued SWRCB Order 2000 -07 DWR approving the City's petition to use recycled water for irrigation and other uses. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds that the Water Reuse Project as currently defined is sufficiently similar to the project described in the EIR and that the EIR adequately covers the project. SECTION 2. The City Council finds that the revised mitigation plan accomplishes all the mitigation effort envisioned by the previously approved plan. SECTION 3. The City Council finds that because there will be unavoidable incidental take of a threatened or endangered species it is not possible to mitigate all of the significant impacts to these species. SECTION 4. The City Council finds that the project will provide additional water needed to accommodate a reasonable share of anticipated growth within the urban reserve line, that the federal resource agencies have determined that the project will not jeopardize the Resolution No. 9096 (2000 Series) Page 2 continued existence of these species, and therefore the benefits of the project substantially outweigh the significant environmental impacts identified. SECTION 5. The City Council approves the Water Reuse Project, incorporating the revised mitigation plan, and directs the City Administrative Officer to file a Notice of Determination indicating that the project has been approved. Upon motion of Council Member Ewan, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, and Mayor Settle NOES: None ABSENT: Vice Mayor Schwartz The foregoing resolution was adopted this 5`h day of September, 2000. Mayor Allen Settle AT1 T: Lee Price, City Clerk APPROVED AS TO FORM: WIF• R_ Page 2 of 2 �J,nC�� RESOLUTION NO. 9095 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF 1998 LOCAL LAW ENFORCEMENT GRANT FUNDS, APPROVING A 1/9' CITY MATCH AND INTEREST EARNED FROM THE GENERAL FUND WHEREAS, the Omnibus Fiscal Year 1998 Appropriations Act, Public Law 105 -119, provides funds for implementation of the 1998 Local Law Enforcement. Block Grants Program to be-administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice; and WHEREAS, based on the population, the City of San Luis Obispo is eligible to apply for the amount of $62,984 from the 1998 Local Law Enforcement Block Grants Program; and WHEREAS, as part of the application process, an advisory board was established to review the application for funding, and has made nonbonding recommendations for the use of funds by the City of San Luis Obispo; and WHEREAS, a public hearing was held on September 5, 2000, to receive public input on the recommendations of the advisory board; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo approves the expenditure of $62,984 of 1998 Local Law Enforcement Block Grant funds for the purchase of a crime scene evidence collection vehicle and equipment, approves the appropriation of 1 /9`s matching funds ($6,998) and interest earned ($4,918) on advance grant payment from the General Fund, and authorize the City Administrative Officer to execute all grant related documents and purchase agreements. Upon motion of Council Member Marx, seconded by Council Member Romero, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero and Mayor Settle NOES: None ABSENT: Council Member Schwartz The foregoing resolution was adopted this 5ie day of Septembe l ATTES Lee Price, City Clerk Z eff;G. VED AS TO FORM: ey - Jo dty Attome R 9095 %�.D - /�Cca�u -G v iii LCvL'!� r `/ i�, ' !� yf i) �t-fJ J 0 RESOLUTION NO. 9094 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE DEVAUL SOUTH ANNEXATION (LAFCo Application # 8 -R -00) (City File No. ANNX 87 -00) 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 oftrwise 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. 8 -R -00 to the City of San Luis Obispo (DeVaul South Annexation); and WHEREAS, the negotiating parties, to wit: Jim Grant, Assistant Administrative Officer, County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. C gI Resolution No. 9094 (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 to the City in an amount to determined by the County Auditor, based upon the following percentage agreed to by the negotiating parties: 12.54287% of the County's net, before the Education Revenue Augmentation Fund (ERAF). The tax increment shall be transferred from the County to the City in the fiscal year immediately following City notification to the County that it has approved the final map for the annexed properties and taken ownership of all open space areas. (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 the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Ewan, seconded by Council Member Romero and on the following roll call vote: AYES: Council Members, Ewan, Marx, Romero and Mayor Settle NOES: None ABSENT: Vice Mayor Schwartz The foregoing resolution was pas d and adopted this 5°i day of Se tuber 2000. nMay r Allen Settle ATTEST - I I Lee Price, City Clerk I Resolution No. 9094 (2000 Series) Page 3 APPROVED AS TO FORM: CO C O RESOLUTION NO. 9093 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE FROOM RANCH ANNEXATION (LAFCo Application # 8 -R -00) (City File No. ANNX 51 -00) 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. 8 -R -00 to the City of San Luis Obispo (Froom Ranch Annexation); and WHEREAS, the negotiating parties, to wit: Jim Grant, Assistant Administrative Officer, County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. R 9093 (-41 1 J Resolution No. 9093 (26 Series) 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) No annual tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. 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 the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Ewan, seconded by Council Member Romeroyand on the following roll call vote: AYES: Council Members Ewan, Marx, Romero, and Mayor Settle NOES: None ABSENT: Vice Mayor Schwartz The foregoing resolution was passed and adopted this 5`s dof September 2000. 4ayor Allen Sett e Lee Price, City Clerk 11 Ciq6ttomey E;10 VZ i qjo o ,o RESOLUTION NO. 9092 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION FOR THE PERIOD OF JULY 19 2000 — JUNE 309 2002 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs' Association, attached hereto as exhibit "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: Ken McCool, San Luis Obispo Fire Battalion Chief Officers' Association President and Ann Slate, Director of Human Resources. Upon motion of Council Member Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Romero and Mayor Settle NOES: None ABSENT: Vice Mayor Schwartz The foregoing resolution was adopted this 5th day of September, 2000. Lee Price, City Clerk APPROVED AS TO FORM: 11eyVy G. org en, ty Attorney Settle R 9092 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION JULY 1, 2000 - JUNE 30, 2002 TABLE OF CONTENTS ARTICLE NO. TITLE PAGE N0. 1 PARTIES TO AGREEMENT .................... ..............................1 2 RECOGNITION ....................................... ..............................2 3 EMPLOYEE RIGHTS .............................. ..............................3 4 MANAGEMENT RIGHTS ........................ ..............................4 5 REPRESENTATIVE ROLE ...................... ..............................5 6 RENEGOTIATIONS ................................. ..............................6 7 COMMUNICATION .................................. ..............................7 8 SALARY ................................................. ............................... 8 9 SALARY SURVEY AGENCIES .............. .............................11 10 PAYDAY ................................................. .............................12 11 GENERAL PROVISIONS... ..................... .............................13 12 HEALTH CARE INSURANCE ................. .............................14 13 RETIREMENT ........................................ .............................18 14 UNIFORM ALLOWANCE ....................... .............................19 15 HOLIDAYS ............................................. .............................21 16 VACATION LEAVE ................................. .............................23 17 ADMINISTRATION LEAVE ..................... .............................26 18 SICK LEAVE ....:..................................... .............................28 19 FAMILY LEAVE ...............:...................... .............................29 20 BEREAVEMENT LEAVE ........................ .............................32 ARTICLE NO. TITLE PAGE NO. 21 HOURS ...............'........:.........:...............: :....:.........:.............33 22 HEALTH /FITNESS ....................:............ .............................34 23 GRIEVANCE PROCEDURE ................... .............................35 24 RESOLUTION OF IMPASSES ............... .............................38 25 DISCIPLINARY ACTIONS. ..................... .........................:...39 26 FULL AGREEMENT ........................:...... .............................40 27 SAVINGS CLAUSE ................................ .............................41 28 AUTHORIZED AGENTS .......................... ............................42. 29 TERM OF AGREEMENT ........................ .............................43 APPENDIX "A" - Classification ..::........... ................:..:.........44 APPENDIX "B "- Work Schedule Illustration ........................45 APPENDIX "C" Employee Responsibilities and Benefits .........................46 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this 5th day of September, 2000, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Fire Battalion Chiefs' Association, hereinafter referred to as Association. ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405, the City hereby recognizes the San Luis Obispo Fire Battalion Chiefs' Association as the exclusive bargaining representative for purposes of representing regular and probationary employees occupying the position classification of Fire Battalion Chief for the duration of this Agreement. RE n ARTICLE 3 EMPLOYEE. RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations including, but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 3 ARTICLE 4 MANAGEMENT RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its. constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work. 4 �I ARTICLE 5 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item (2) below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. 5 ARTICLE 6 RENEGOTIATIONS If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other, its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other parry between 15 April and 1 May. If notice is properly and timely given, negotiations shall commence no later than 15 May. e ARTICLE 7 COMMUNICATION The City and the Association agree to maintain and improve communication throughout the term of this agreement. Therefore, meetings may be held, at the request of either party, on an as- needed basis. to discuss problems or other subjects of mutual interest. These meetings are intended to serve as opportunities to enhance communication or discuss unanticipated problems, and therefore will not be considered formal meet and confer sessions. 7 `J o ARTICLE 8 SALARY RULES GOVERNING STEP INCREASES: The following rules shall govern step increases for employees: 1. Each salary range consists of six steps (A through F). Steps A through E equal 95% of the next highest step, computed to the nearest one dollar. Step E = 95% of Step F Step D = 95% of Step E Step C = 95% of Step D Step B = 95% of Step C Step A = 95% of Step B Each across -the board % salary increase shall raise step F of the respective range by the %. After all step F's of salary ranges have been established, each step F shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. 2. The time in step progression for employees with satisfactory performance will be As follows: 1 year at Step A 1 year at Step B 1 year at Step C 1 year at Step D 1 year at Step E 3. Employees who are eligible for advancement to step E or F after July 1, 1988, must receive a "Meets Performance Standards" or better on the overall rating on their most recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. 4. The department head shall be authorized to reevaluate employees who reach Step F in their pay range. An employee who is not performing up to standard for the sixth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 -day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The sixth step may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove the sixth step during the same fiscal year, he may make the change at any time with three business days' advanced written notice. 5. Effective the first day of the first full pay period of July, 2000, salaries shall be increased by three and one -half (3.5) percent, which includes a one percent market/equity adjustment. 6. Effective the first day of the first full pay period of March, 2001, salaries shall be increased by two (2) percent, as an equity adjustment. 7. Effective the first day of the first full pay period of July, 2001, salaries shall be increased by three and one -half (3.5) percent, which includes a one percent market/equity adjustment. 0 8. Effective the first day of the first full pay period of March, 2002, salaries shall be increased by two (2) percent. 10 ARTICLE 9 SALARY SURVEY AGENCIES For purposes of external comparisons the agencies to be used for review of compensation shall be determined by mutual agreement prior to the next negotiations. 11 ARTICLE 10 PAYDAY Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 12 ARTICLE 11 GENERAL PROVISIONS 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. OVERTIME: All positions shall be considered exempt and not eligible for overtime payment or any minimum return to work minimums or compensation time off except as noted under administrative leave or due to extraordinary circumstances specifically ordered by the Fire Chief and as defined under administrative leave. WORKING CONDITIONS: An officer's place of residence shall be within a forty (40) minute driving radius from San Luis Obispo proper. EDUCATION INCENTIVE PAY - LONGEVITY PAY: All positions shall be considered Mid - Management and not eligible for educational incentive pay, longevity pay, or other special pays. 13 C' ARTICLE 12 HEALTH CARE INSURANCE A. CONTRIBUTION The City agrees to contribute $420.00 per month for medical, dental, vision and life insurance for each regular, full -time employee covered by this Agreement. B. INSURANCE COVERAGE PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $16.00 per month for active employees and $1.00 per month for retirees. The City's contribution toward retirees shall be increased by five (5 %) percent per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for above in Section A. In summary, this cost and any increases will be borne by the employees. 14 r� n 2. 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 is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits.. 3. Dental and Vision Insurance /Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage under PERS. C. LIFE INSURANCE Employees in the Fire Battalion Chiefs' Association shall have life insurance coverage of Ten Thousand Dollars ($10,000) paid by employee through the City's Cafeteria Plan. 15 D. MANAGEMENT BENEFIT Employees filling these positions shall receive $25,000 term life insurance paid directly by the City, for recognition of their management responsibilities. E. MEDICAL PLAN REVIEW COMMITTEE The Associations shall appoint one voting representative to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non - voting representative to provide a wider range of viewpoint for discussion. The vote of each voting representative shall be weighted according to the number of employees represented by the Association. Duties and Obligations of the Medical Plan Review Committee a. Review and suggest changes for the City's flexible benefits plan and the insurance plans offered under the MOA. b. Submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan and the insurance plans offered under the MOA. C. Disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA. d. Participate in other related assignments requested by the city and its employees associations. 16 2. Miscellaneous a. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. b. No recommendations of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and Association. C. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. d. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City Has approved the consultation and fees in advance. F. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive the regular City health benefit contribution for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero (0). . 17 ARTICLE 13 RETIREMENT The City agrees to provided PERS 2% at 50 for sworn personnel with four amendments, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, one -year final compensation, and military service credit. All employees hired as sworn officers on or after July 1, 1986, shall have their final compensation for retirement purposes figured on their highest three (3) years. The City has discontinued paying the employees' share of the PERS Contribution (9 %). The 9% is included in the base salary schedule, and reported as compensation to PERS. The employee will pay directly to PERS their contribution amount on a pre -tax basis pursuant to Section 414 (h) (2) of the Internal Revenue Code (IRC). The employee will be responsible for any and all tax liability incurred should the IRC provision become invalid after November 17, 1994. Upon request of either the Association or the City, the parties agree to meet and confer on the subject of retirement benefits if agreed to by the Firefighters' Union. EM ARTICLE 14 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 uniform usage. Each employee shall receive an annual allowance of $775 paid semi - annually to be spent on the purchase and maintenance of department approved uniforms. Said allowance shall be paid directly to each eligible employee on the first pay day in July and January. The Fire Chief or his designated representative shall conduct a uniform inspection at least once a year to ensure that each employee has the minimum number of uniforms and that all uniforms meet department standards regarding safety and appearance. Employees whose uniforms do not meet standards may be subject to disciplinary action. B. A uniform allowance cash advance will be given to new employees for purchase of their uniforms. If the employee severs employment with the City or is terminated within one (1) year, the cash advance shall be deducted from the employee's last paycheck. C. Where the agreement refers to uniform standards, it shall mean the following: The Fire Chief shall establish and maintain a set of standards for the maintenance, care and wearing of employee uniforms. Such standards shall be on file in the Fire Chief's office, in each fire station, and in the Personnel Director's office. 19 i D. Employees will be responsible to purchase and maintain health/fitness clothes; including appropriate athletic footwear as required by the Fire Chief. C ARTICLE 15 HOLIDAYS A. The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - Martin Luther King's Birthday Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas One -half day before Christmas One -half day before New Year's Two Floating (8 hour) Holiday (non -shift employees only) When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. B. Each employee on 24 -hour shift duty shall earn 6.07 hours of holiday leave semi- monthly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave (2.83 hours) each bi- weekly payroll period. 21 The remainder of the employee's annual holiday leave (72 hours) shall be advanced to the employee effective 1 July of each year. Such holiday leave may be taken off by the employee as provided in the departmental operations manual. Each pay period, an employee has the option of requesting payment of his /her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time, may not exceed 72 hours in a fiscal year. 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. The accrual date for the floating (8 hour) holiday for non -shift employees is 1 January. If not used in the calendar year in which earned, it is lost. It is the responsibility of the employee to make the request for a floating holiday reasonably in advance of the requested day off. 22 J ARTICLE 16 VACATION LEAVE 1. Each incumbent of a 40 -hour week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous service since the benefit date for the first five years, 15 days per year upon completion of five years, 18 days per year upon completion of ten years, and 20 days per year upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled work hours. 2. A regular employee who leaves the City service shall receive payment for any unused vacation leave. 3. Department Heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor and, second, insofar as possible, with the wishes of the employee. 4. There will be no accrual of vacation leave to non -shift employees in excess of twice the annual rate. Maximum accrual of vacation leave for shift employees is 360 hours. It is the responsibility of the employee to manage vacation time below the maximum accrual limit through the use of scheduled vacation time only. 5. All scheduled vacation requests must be approved by the Fire Chief. Immediately following the November 1 st to December 30th vacation request period, the Fire Chief will review and consider final approval of the scheduled vacation list 23 6. VACATION USE: A. Coordination of the Battalion Chief's first, second and third choice vacation selection will be carried out by the Fire Chief. Battalion Chiefs will make their written scheduled vacation requests during the November 1 st to December 30th period and will coordinate the availability of one Battalion Chief between themselves. Battalion Chief scheduled vacation selections will not be based on shift employees vacations. The Fire Chief will consider and approve the request. B. Unscheduled vacations will be made in writing to the Fire Chief and will require the availability of one Chief officer and relief personnel which may include voluntary overtime. All unscheduled vacations must be approved by the Fire Chief. (Mandatory overtime is not allowed for unscheduled vacation.) C. If an employee's scheduled vacation is changed by direction of the department, such change shall not cause an employee to lose vacation that may be accrued above the twice annual rate or 360 hour maximum. In this case, the employee shall have the choice of using the vacation at another time or receiving payment for the changed vacation. D. If an employee must cancel vacation for good reason, as defined by management, the vacation above the 360 hour or twice annual maximum shall be paid as accrued. 24 U i 7. Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A may have such time credited as sick leave under the following conditions. A. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. B. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978 Series) 8. All employees on this unit are eligible, once annually in December, to request payment for up to seventy -two (72) hours of unused vacation leave provided that an employee's attendance practices are satisfactory. Vacation sell -back shall be paid to employees at the last pay period of the month. Requests for all sell -back need to meet payroll deadlines consistent with those deadlines of the last pay period of the calendar year. 25 ARTICLE 17 ADMINISTRATIVE LEAVE All members of unit are exempt from paid overtime except as specifically authorized by the Fire Chief due to extraordinary circumstances. Extraordinary shall be defined as an actual emergency requiring a Battalion Chief to return for more than eight (8) hours. It does not include administrative meetings and etc. In general, managerial employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours. In recognition of these requirements and the 24-hour staffing requirements of Fire Departments, all members of this unit shall be afforded flexibility in managing their work load and time and are eligible to take a maximum of 72 hours per calendar year of Administrative Leave. Such leave may be taken at any time during the year, however, in cases where a person is not actively employed in an exempt position with the city during the full year such leave shall be prorated or if the yearly amount earned is changed during the year the amounts shall be prorated. For purposes of computing monthly amounts the rate of 5.33 hours per month may be used. There shall be no carryover of such leave from year to year or any payoff for unused leave except that during the month of December employees may request up to 40 hours of unused administrative leave to be paid in cash at the last pay period provided that total taken and paid does not exceed 72 hours during the calendar year. 26 �1\ \J� During the term of this agreement the Association and the City agree to develop language which addresses ways to prevent the taking of Administrative Leave from triggering overtime. 27 0 0 ARTICLE 18 SICK LEAVE Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached) 1. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries, according to the following schedule: (a) . Death - 50% Such payment shall be made within seventy -two hours of notice to the City of an employee's death. (b) Retirement and actual commencement of PERS benefits: (1) After ten years of continuous employment - 10% (2) After twenty years of continuous employment - 15% (c) Job - related disability retirement and actual commencement of PIERS benefits - 75% with a maximum of 1000 hours payoff (75% of 1333.3 accrued hours.) Any balance of sick leave that remains after payoff will be forfeited. Sick leave cannot be used to postpone the effective date of an industrial disability retirement. 2. The City and the Association agree to meet and confer during the term of this agreement on the subject of sick leave incentive programs. 28 ') ARTICLE 19 FAMILY LEAVE An employee may take up to three days per year of sick leave or the shift equivalent for shift employees (33.6 hours) if required to be away from the job to personally care for a member of his/her immediate family. A member of the employee's immediate family, shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, or any other relative living in the same household. 2. If the family member is a child, parent or spouse, an employee may use up to 48 hours (67.2 hours for shift employees) annually to attend to the illness of the child, parent or spouse, instead of the annual maximum in paragraph 1. above in accordance with Labor Code Section M. 3. In conjunction with existing leave benefits, Unit employees with one year of City service who have worked at least 1280 hours in the last year, may be eligible for up to 12 weeks of Family /Medical Leave within any 12 month period. Family /Medical Leave can be used for: A. A new child through birth, adoption or foster care (maternal or paternal leave.) B. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. C. 'Placement of an employee's child for adoption or foster care. D. A serious health condition which makes the employee unable to perform the functions of his or her position. 29 This leave shall be in addition to leave available to employees under the existing four month Pregnancy - Disability Leave provided by California law. Paid leave, if used for family leave purposes or personnel illness will be subtracted from the 12 weeks allowed by the Family /Medical Leave Program. Employees must use all available vacation, compensatory time and administrative leave and, if appropriate, sick leave prior to receiving unpaid Family /Medical Leave. Employees on Family /Medical Leave will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees Who receive cash back under the City's Flexible Benefit Plan will not receive that cash during the Family /Medical Leave. Only City group health insurance premiums will be paid by the City. If an employee does not return to work following leave the City may collect the amount paid for health insurance by the City during the leave. There are two exceptions to this rule. 1) The continuation of a serious health condition of the employee or a covered family member prevents the return. 2) Circumstance beyond the employee's control. 30 Further details on Family /Medical Leaves, are available through the City's "Guide to Family /Medical Leave Program ". 31 ARTICLE 20 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other relative living in the same household, provided such leave as defined in this section shall not exceed five (5) working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. 32 ARTICLE 21 HOURS Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a period of one year, shall average approximately fifty -six (56) hours per week. For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix 13 A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.) Unscheduled time off, shift exchanges, vacation exchanges and early reliefs shall be approved by the Fire Chief and will require the availability of a chief officer and relief personnel of equal rank and or qualifications for the position. (Availability of a chief officer shall be defined as: immediately available to respond with two way radio communications to an emergency and arriving in the city limits within 15 minutes,) 33 ARTICLE:22 HEALTH /FITNESS The City, the department and the Association are desirous of implementing measures to promote the well being of employees and reduce the incidents of preventable accidents, illnesses, and disabilities and shall work cooperatively to encourage and develop appropriate programs to enhance physical fitness and health of all fire department employees. The Association recognizes that it is the policy of the City to hire non - smokers in the Fire Department. The Association further recognizes there is a fire department policy concerning smoking in departmental facilities and vehicles. The parties agree that smoking poses health risks to non- smokers as well as smokers. 34 ARTICLE 23 GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within fifteen (15) business days of the response of the supervisor's immediate superior but in no event later than thirty (30) calendar days after the occurrence of the event giving rise to the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen (15) business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. 35 y L C. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Personnel Director within seven (7) business days of receiving the department 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. D. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint: The City Administrative Officer's decision shall be in writing and given to the employee within twenty (20) business days of receiving the Human Resources Director's results and findings. Such decision shall be final unless the employee desires the Personnel Board to review the decision. If such is the case, the employee will have ten (10) business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Personnel Director for a review of the decision. The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) business 36 C days of the Board's action. If appealed; the City Council shall review the case on the record and render a final decision within thirty (30) business days of submittal. 37 ARTICLE 24 RESOLUTION OF IMPASSES Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: A. DETERMINATION BY THE CITY COUNCIL- after a hearing on the merits of the dispute. B. Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other parry (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled to be held in executive session by the Municipal Employee Relations Officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purposes of such impasse meeting is twofold: (1) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and (2) if agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, this matter shall be referred to the City Council. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one -half by the City and one -half by the employee organization or employee organizations. 38 ARTICLE 25 DISCIPLINARY ACTIONS. Battalion Chiefs are exempt from the overtime provisions of the Fair Labor Standards Act. As such, they may be terminated, demoted, reduced in compensation or suspended for more than one work week for any of the grounds set forth in Section 2.36.320 of the Personnel Rules and Regulations. They may also be suspended for less than one work week, but only for a violation of City safety rules of major significance. 39 ARTICLE.26 FULL. AG REEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. During the life of this Memorandum of Agreement, should either party desire to modify its terms or to meet and confer with respect to matters within the scope of representation, such party shall request in writing to meet and confer on such item(s), which item(s) shall be specified in writing. During the fife of this Memorandum of Agreement, either parry may refuse such a request without explanation, and no unilateral action may be taken on the matter within the scope of representation during the term of this agreement. 40 C ARTICLE 27 SAVINGS CLAUSE If any provisions of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 3405 (1977 Series) or as may be amended. 41 ARTICLE 28 AUTHORIZED AGENTS For.the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 2160 Santa Barbara Avenue, San Luis Obispo, California 93401; telephone:: (805) 781 -7380. B. Management's principal authorized agent shall be the Human Resources Director or his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo, California 93401; telephone: (805) 781 -7250. 42 i This Agreement shall become effective upon adoption of Council, except that those provisions which have specific implementation dates, shall be implemented on those dates and shall remain in full force and effect until midnight June 30, 2002. 1. The classification covered by this Agreement and included within this unit is Fire Battalion Chief. 2. This Agreement does not apply to Temporary Employees or Part-time Employees. This Agreement was executed on September 5, 2000, by the following parties: Karen Jenny, isk pager �u4� Wendy G orge, Assistant to the CAO 43 •► •: -• IgIvam-INIF-111 •► Ken McCool Fire Battalion Chief Warren stephen&n Fire Battalion Chief e'vn Tom Zeul Fire Battalion Chief 0 n Fire Battalion Chief 5010 505 44 CLASSIFICATION Fire Battalion Chief APPENDIX A CLASSIFICATION 44 CODE SALARY.RANGE 5010 505 APPENDIX B WORK SCHEDULE ILLUSTRATION For purposes of illustration only, the shift schedule pattern for employees working a fifty -six (56) hour work week consists of eight (8) twenty -four (24) hour on -duty periods within a twenty -four (24) day cycle which is worked in accordance with the following chart: X 24 -hour on -duty period O = 24 -hour off -duty period SCHEDULE: XOXOXOXOOOOOOXOXOXOXO000 45 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. 46 C B. Rules Governing Sick Leave. 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of twelve days or the shift equivalent per year of continuous service since the benefit date. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the city administrative officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five consecutive working days by personnel in his/her department. Such proof may be required for periods of less than five consecutive working days where there exists indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused 47 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. 48 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. Ell 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) 50 �a �z o � o. RESOLUTION NO. 9091 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AT THE SOUTHWEST CORNER OF AERO VISTA DRIVE AND BROAD STREET (PD 80 -99) WHEREAS, the Planning Commission conducted a public hearing on June 14, 2000 and recommended approval of the preliminary development plan PD 80 -99; and WHEREAS, the City Council conducted a public hearing on August 15, 2000 and has considered testimony of other interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the preliminary development plan is consistent with the General Plan, the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission. BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. Future site development approvals shall include the following conditions: 1. Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. 2. The property owner shall grant an avigation easement for the protection of the San Luis Obispo Airport, the City of San Luis Obispo and the County of San Luis Obispo. 3. All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan (ie. churches may not be allowed). 4. Any and all use of Airport Drive is subject to review and approval by the County General Services Department and the Airport Manager. 2. All exterior lighting shall be shielded down - lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Search lights and strobe lights shall be prohibited. 3. A detailed soils engineering report shall be submitted as part of any grading and building permit application. The soils report shall include data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary. Grading and building must be designed and performed in compliance with the soils engineering report and the City's grading regulations. R 9091 Resolution No. 9091 (2000 Series) Page 2 4. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis which indicates how the project will be designed to comply with the City's drainage policies. The analysis must address and identify the existing public and private drainage facilities and creek capacities in order to provide design criteria that meets City standards. The proposed development shall not create a situation which increases the flooding potential downstream. 5. Any future development project shall include: • bicycle parking located close to door openings of all buildings. One bicycle space for every ten car parking spaces is considered appropriate; • Bicycle locker and shower facilities for tenants; • Label several optimal parking spaces within parking areas as "carpool only to reserve these spaces for employee carpool participants only. • continued sidewalk along the property providing access to the nearby bus shelter; • outdoor employee rest area to encourage employees to stay on site during the lunch hour; • extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; • shade tree planting in parking lots to reduce evaporative emmissions from parked vehicles; • double paned windows, energy efficient interior lighting, sodium parking lot lights; and increased wall and attic insulation beyond Title 24 requirements. 6. The applicant shall be responsible for providing a running total of the site's parking requirements and allocations with the submittal of any business tax certificate, Planning or Building permit for tenant improvements. 7. To reduce circulation impacts on Broad Street, the driveway on Broad Street shall be eliminated. 8. To encourage pedestrian circulation on -site as well as off -site, the applicant shall provide walkways connecting on -site buildings as well as adjoining properties. 9. New buildings constructed on this site shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy- efficient lighting systems for both interior and exterior use. 10. If these features are not included or feasible in the design of new buildings, the project architect shall document why they were determined to be infeasible. The Community Development Director shall review this document and make a final decision as to the feasibility of incorporating these energy conserving features. Resolution No. 9091 (2000 Series) Page 3 11. All outdoor amenities including employee eating and recreation areas shall be located and designed so that the building placement and distance from noise sources attenuates noise levels. 12. Future site development shall include a solid waste recycling plan for recycling discarded building materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the Community Development Director prior to building permit issuance. 13. Existing and future site development shall incorporate convenient facilities for interior and exterior on -site recycling. A description of current recycling efforts and any plans to expand those efforts shall be submitted to the Community Development Department prior to City Council review of the annexation request. 14. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixture(s), standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. 15. Any future development shall be subject to the architectural review process to ensure against negative aesthetic impacts and compliance with City development standards including the Scenic Highways section of the Circulation Element and Airport Area Specific Plan. SECTION 2. Findings. That this Council, after consideration of the Vesting Tentative Tract Map TR 166 -98 and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: t. Features of the project design (including the preservation of the rock outcropping, the placement of buildings against the street and the provision of open space plazas) achieve the intent of conventional standards as well as or better than the standards themselves. 2. A Negative Declaration was prepared by the Community Development Department on June 2, 2000, which describes significant environmental impacts associated with project development. The Negative Declaration concludes that the project will not have a significant adverse impact on the environment subject to the mitigation measures shown in the attached initial study ER 80 -99 being incorporated into the project. 3. The Planned Development provides exceptional public benefit by complying with the proposed Business Park standards, which will result in a project more attractive to the public than one meeting only the conventional Service Commercial development standards. 4. The project's location or access arrangement does not significantly direct traffic to use local or collector streets in residential zones. Resolution No. 9091 (2000 Series) Page 4 5. The project will provide adequate mitigation to address potential impacts related to noise, light and glare, and loss of privacy, among others, imposed by commercial activities on nearby residential areas, by using methods such as setbacks, landscaping, berming and fencing. SECTION 3. Approval. The request for approval of the preliminary development plan is approved subject to the following conditions and code requirements: 6. Site and building modifications shall be made to submitted plans (Exhibit A) as necessary so that the Planned Development complies with all City codes and policies including the Airport Area Specific Plan and the City's Parking and Driveway standards. 7. Architectural Review Commission approval shall be received prior to Final Development Plan approval. 8. Allowed uses shall comply with the attached list of PD 80 -99 Planning Commission recommended uses (Exhibit B). 9. The final development plan shall provide bicycle parking and storage facilities as required by the City's Zoning Regulations. 10. A lot -line adjustment is required prior to issuance of any building permits, if permits are issued prior to filing a new subdivision map. 11. The Broad Street driveway access must be eliminated or used exclusively for emergency vehicle access (if required by the Fire Marshal). 12. If the study identifies on -site areas subject to 100 -yr storm flooding, the developer shall process and complete a Federal Emergency Management Agency Letter of Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of any development. Any lots or building pads, identified in the hydrology study to be subject to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations of at least 1 foot above the 100 -yr storm elevation. 13. The developer shall install street lighting and all associated facilities (conduits, sidewalk vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the Director of Public Works. The design of said lighting systems shall be coordinated by the developer between the City and PG &E so as to minimize the amount of City -owned conduit and wiring system, to the satisfaction of the Director of Public Works. 14. Buildings cannot be built across a property line. At a minimum, parcels 2 and 3 shall be combined. Walls at buildings G, F, and single story storage building adjacent to property lines shall be fire- resistive construction with no openings permitted. 15. Sidewalks Along Broad Street: (existing c,g and sw) j Resolution No. 9091 (2000 Series) Page 5 16. Bicycle Parking: Both long- and short-term bicycle parking shall be provided as required by Section 17.16.060, Table 6.5 of the Zoning Regulations. The location of short-term parking (bicycle racks) shall be as stipulated by the Bicycle Transportation Plan (1993) — generally close to the main public entrances to the proposed buildings. 17. Property lines beneath buildings must be eliminated prior to building permit issuance. Buildings must comply with UBC requirements for fire ratings in relation to property lines. As proposed several buildings are located along a property line. The UBC does not allow openings along property lines, which means no windows or doors. 18. An accessible path of travel between individual buildings is required. 19. The applicant shall contribute to the cost of preparing the Airport Area Specific Plan and constructing area -wide infrastructure improvements, according to the cost - sharing plan maintained by the City, with the fee amount reflecting the City's acceptance of a complete annexation application. This criteria is met by the applicant signing a pre- annexation agreement before the application is considered by the City Council paying the open space fees and paying the Airport Area Specific Plan and Infrastructure fee or providing a letter of credit before annexation is approved. 20. The applicant shall coordinate with the City and County on all frontage improvements. Aero Vista Drive is a public street and Airport Drive is a private street owned by San Luis Obispo County. Code Requirements 1. Street trees shall be planted per City Standards (Quercus agrifolia, Metrosderos tomentosas, Chinese pistache and Deodar cedar), to the satisfaction of the City Arborist. 2. Traffic impact fees shall be paid prior to the issuance of a building permit. 3. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 4. A water allocation is required, due to the additional demand on the City's water supplies. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781 -7258. The cost of retrofitting is directly credited against the project's Water Impact Fees, at a rate of Resolution No. 9091 (2000 Series) Page 6 $150 per bathroom retrofitted. 21. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the size of the water meter serving each parcel. 22. Depending on the proposed uses at the site, industrial waste /wastewater pretreatment requirements may apply. The project shall be coordinated with the City's Industrial Waste Coordinator, Dale Karnes, who can be reached at 781 -7425. 23. Each parcel is to have its own separate water and wastewater service laterals. 24. The applicant shall be required to install a sewer and water mains up to and along the property's frontage to any public right -of -way. The size of the mains shall be determined by the Utilities Department, with the City paying for the difference in cost due to up- sizing of the line beyond what is needed to serve the development. Water and wastewater facilities are currently being pursued by another developer, to extend service beyond this project to Aero Drive. A cooperative approach to installing these facilities is recommended. Otherwise, reimbursement agreements can be developed, that would provide for others to pay their appropriate share of cost to the party first installing the water and sewer facilities. 25. The project does not appear to include a well. If a well exists, or if the project is expected to include a well, additional requirements will apply. 26. The project shall comply with all City Fire code requirements. Upon motion of Council Member Romero, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Member Ewan Resolution No. 9091 (2000 Series) Page 7 The foregoing resolution was adopted this 15`h day of August 2000 Mayor All& Settle Lee Price, City Clerk I _ � 9 > : e ]v / CI I7_ I.` I I 04100 :7 Ji A L4" //� /���.. a _. ._ . mey NEW Z n m m r z ;D m 'O D 0 rn Cl) Resoluti 9091 m c v i c� y T to 0 z v n m a c c u 0 R f It a m Resolution 9091 m c 0 i c� a O a 0 y rri m� 'i P m a °z c c m Z rill►'��ij� je Resolution 9091 m c 0 i c� a O a 0 y rri m� 'i P m a °z c c m Z �\ Resolution 9091 1 FXMI?71-r P I PD 80 -99: Comparison of Uses Type of Use C -S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Advertising and related services A A A Airports and related services PC D PC Ambulance services A -- D D Amusement arcades (video A -- -- — games) Amusement park, fairgrounds PC -- -- — Animal hospitals, boarding and A -- — grooming (small animals) Animals hospitals, boarding and grooming (large animals) D -- -- — Antennas - municipal, commercial, and public utility D D D broadcasting and wireless communications Athletic and health clubs, A D D fitness centers, game courts, and other recreational facilities - indoor Audio and video production -- -- A A studios Auto repair and related services A -- -- — (body, brake, transmission, muffler shops; painting, etc.) Auto sound system installation A -- -- — Banks,savings &loan, credit D D D union or finance company - Customer service branch Corporate or regional A administrative office Broadcast studios A -- A A Building and landscape A PC PC maintenance services Cabinet and carpentry shops D - -- — Caretakers quarters A D D Car rental as an exclusive use Carwash - self - service or D mechanical Catering services A -- — A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit -- = Use not Allowed NL = New Listing Resolution 9091 Type of Use C -S zone Business Park PC Present zoning proposed in Airport recommendation Area Specific Plan Cemeteries, mausoleums, PC -- -- — columbariums Churches, synagogues, temples D -- — Circus, carnival, fair, festival, D — parades Computer services- includes A A A internet services Concurrent sales of alcoholic D -- -- — beverage and motor fuel Construction Activities A A A (Section 17.08.010G). Contractor's yards A -- -- — Convenience facilities primarily to serve workers in the area, which may include the following (see also separate retail and service listings): See day care D 1,3 D Child or elderly care, each facility having up to 5,000 sf gross floor area(GFA) Sales of business and office ..................................................................... A ............................... DI D1 supplies (up to 5,000 sf GFA) Barbers, hair stylists, manicurist, ..................................................................... D ............................... DI D1 tanning salon (2,000 sf GFA each) Bicycle sales & repair (2,000 sf ..................................................................... A ............................... Dl D1 GFA each) Branch of bank, savings & loan, ..................................................................... D ............................... DI Dt or credit union (2,000 sf GFA each) Laundry or dry- cleaning (2,000 sf ..................................................................... See laundry below ............................... Dl DI GFA each) Retail sales of food, publications, __ __ D` D1 and sundries (2,000 sf GFA each) Credit reporting and collection A A A Delivery and courier services D D Det. and security services A -- — Drive -in theaters PC -- -- — Employment agencies -- D _ Equipment Rental A -- -- -- Exterminators and fumigators A -- -- — A =Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit — = Use not Allowed NL = New Listing xesoiuLion gu91 Type of Use C -S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Feed stores and farm supplies A -- -- _ Florists Food bank and package food D - -- — distribution centers Gas distributors —containerized D -- -- — (butane, propane, oxygen, etc.) Government agency offices and -- D D5" meeting rooms. offices pertaining to airport operations and transportation admin. Homeless shelters PC Hot tubs — commercial PC Hotels or motels -- PC _ Insurance services (local) -- D D Insurance services (regional) -- D D Laboratories for medical or A A A analytical research Laundry/dry cleaner • cleaning plant A • pick -up point A • self - service D Manufacturing— food, beverages; ice, apparel, electronic, optical, instrumentation products; D A9 D9 jewelry; musical Mineral Extraction PC Mortuaries Motels or hotels -- __ — Nightclubs, discotheques PC -- -- — Offices - contractors and A A A construction management Offices- architecture, A A A engineering, ind. design Offices (professional) counselors, accountants, invest. 7 brokers, appraisers A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit — = Use not Allowed NL = New Listing Resolution 9091 0 4 Type of Use C -S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Organizations (professional, religious, political, labor, D D D fraternal, trade, youth, etc.) offices and meeting rooms Parking (as a principal use) D -- — Photocopy services and quick A A A printers Photo finishing - retail A D D Photo finishing - wholesale; blue - printing and microfilming A A A Photographic studios- video A A A and audio production only Police or fire stations or -- -- PC -- training facilities Post offices and public and A -- — private postal services Printing and publishing subject A A A to limitations for manufacturing uses Printing and publishing A PC PC generally Produce stand A -- -- — Public assembly facilities (community meeting rooms, PC DI PC, auditorium, convention halls) Recycling -bulk receiving, NL -- -- — sorting, storage Recreation facilities- indoor A D D Recreation facilities - outdoor A -- -- — Amusement facilities- outdoor — PC -- -- — low intensity (golf, fairway, green) Amusement facilities- outdoor- med. Intensity (golf driving PC -- -- — range, play lot) Amusement facilities-outdoor- high Intensity (sports field, rec. PC -- -- — center, amusement park) Railroad yards and stations D -- -- — Repair services - office and A -- D D business only, no vehicles Research & development — services, software, consumer A A A products, instruments, office equipment, and similar items A =Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit — = Use not Allowed NL = New Listing �a Resolution 9991 Type of Use GS zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Research & development — transportation equipment, PC _- D D weapons, metals, building, etc. Restaurants, sandwich shops, D -- D take -out food, etc. See convenience facilities Retail sales — convenience D — See convenience stores facilities Retail.sales — outdoor sales of building materials and A gardening supplies — (lumberyards, nurseries) Retail sales — indoor sales of building materials and A -_ gardening supplies (floor, paint, — glass). Retail sales — appliances, furniture and furnishings, musical instruments; data processing equipment, A -- — business, office and medical equipment stores; sporting goods, outdoor supply. Retail sales and repair of A D bicycles See convenience See convenience facilities facilities Retail sales and rental — autos, A -- _ trucks, , RV's Retail sales — auto parts and accessories except tires and A batteries as principal use Retail sales — tires and batteries A -- -- _ Retail sales and rental — boats, A -- _ aircraft, mobile homes, etc. Retail sales- groceries, liquor D and specialized foods (bakery, D -- See convenience etc.) facilities Retail sales- neighborhood D -- -- — grocery Retail sales- warehouse stores • 45,000 sq.ft. or less gross floor D area per establishment. *more than 45,000 sq.ft. per establishment. PC A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit — = Use not Allowed NL = New Listing Resolution 9091 C, 6 Type of Use C -S zone Business Park Planning Present zoning proposed in Airport Commission Area Specific Plan Recommendation Schools . Colleges/universities _3 !Business, trade, recreational, or D 3 ` other specialized school Secretarial and related services D D D such as transcribing, telephone answering Service stations A Skating Rinks PC Social services (see also -- D _ organizations) Stadiums PC Swap meets PC Swimming pools (public) PC -- -- _ Tallow works (rendering plant) Tattoo parlors D Temporary real estate offices in tract Temporary sales (17.08.01 J) D Temporary uses -not otherwise D -- listed in Sec. 17.08.01OK of ZR Ticket or travel agencies, and D D D management of charters or tours Tire recapping A Title companies -- D D Trailer rental A Trucking/taxi service A Utility company — Customer -- -- D _ account services Utility company — Corp yards A Utility company — Engineering D A D and administration offices A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit — = Use not Allowed NL = New Listing Resolution 9091 7 Type of Use C -S zone Business Park Planning Present zoning proposed in Airport Commission Area specific Plan Recommendation Vending machines Veterinarians D Warehousing, distribution, moving, mini - storage as a A PCI — principal use Water treatment services A -- — Wholesale (excluding fuel A PC D dealer) and mail order Wholesale fuel dealers NL -- -- — Notes: 1. The following activities are secondary uses for business parks. Within the project site, their combined floor area shall not exceed 25 percent of the total floor area. Some are also subject to limits on individual floor area. • Ambulance service • Athletic and health clubs • Bicycle repair (max. 2,000 square feet of floor area) • Branch of bank, savings & loan, credit union, finance -company (2,000 square feet per use). Regional or corporate administrative offices are not subject to this area limit. • Photo finishing - retail • Retail sales of food, publications, sundries (2,000 square feet of floor area per use) • Sale, rental of business and office supplies (5,000 square feet of floor area per use) • Wholesaling, mail order (as freestanding uses) 2. Branch bank only 3. Use prohibited by the Airport Land Use Plan (incompatible with ALUP Area 4). 4. Computer services limited to data processing and technical support. 5. Allowable with administrative use permit with documentation of limited public visitation and determination of consistency with City's tri -polar policy (General Plan). 6. Presently inconsistent with General Plan, but expected to be added with adoption of the Airport Area Specific Plan and amendment to land use designations and zoning to Business Park. 7. Zoning Regulations allow large offices (min. 2,500 sf floor area per tenant) with PD Overlay. 8. Zoning Regulation allow parking as a principal use with exceptions to certain development standards. 9. Manufacturing uses are limited to those involving minimal toxic materials or wastes and low shipping volume (shipping or receiving less than 400 cubic meters [14,000 cubic feet] of truck or container space per day); typical products would be specialty foods, beverages, or apparel; electronic, optical, or instrumentation products; jewelry; musical instruments; sporting goods; art materials. A = Allowed use D = Allowable with Administrative Use Permit PC = Allowable with Planning Commission Use Permit -- = Use not Allowed NL = New Listing C, r� I RESOLUTION NO. 9090 (2000 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVING AN ANNEXATION AT 4451 BROAD STREET; AERO VISTA ANNEXATION (ANNX 80 -99) WHEREAS, the Planning Commission and City Council have held public hearings on the proposed Aero Vista Annexation; and WHEREAS, the City Council on August 15, 2000, by Resolution No. 9091 (2000 Series) , approved the Mitigated Negative Declaration for the proposed annexation, prezoning and preliminary development plan, 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 on introduced Ordinance 1374 (2000 Series) on August 15, 2000, approving the prezoning for the annexation of property known as the Aero Vista Annexation; 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 Section 2; 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. L The annexation is appropriate since the site is contiguous to the City on two sides and the site is within the urban reserve line of the City. 2. The annexation of the site is a logical addition to the City due to its location in relation to existing urban development and city services. 3. The annexation is consistent with the goals and policies of the City's General Plan. SECTION 2: Annexation Area Described. The Aero Vista Annexation consists of that area, including approximately 10 acres at the southwest corner of Aero Vista Drive I' •1.1 Resolution No. 9090(100 Series) — Page 2 and Broad Street, in the County of San Luis Obispo, being Assessor's Parcel Number 067 - 401 -0138 as shown on the attached map, Exhibit A, and legally described in the attached Exhibit B. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation subject to property owner compliance with City requirements regarding environmental mitigation and public improvements as described in the project's Mitigated Negative Declaration and preliminary development plan, in accordance with California Government Code Section 56844 et seq. SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the Mitigated Negative Declaration, and all pertinent supporting documents to the Local Agency Formation Commission. On motion of Council Member Romero, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 15`s day of August 2000. Mayor Allen Settle ATTEST: i City Clerk Lee Price APPROVED AS TO FORM: m 0 M m= o � 0 a- L. rp OO r w� I W 9 9 3p O� r M ,V N 1 A W � F O N r m W m 1 A W Exhibit A Rpsnlutinn o. 9090 ril S7ATEHIGHWAY 227 �J Amlexa5wl Map " Aerovista Commercial C�b of sal, Lub ObbM COMM -Aa rq mr � Y � t» 0;G I 4 B 1 �' m f I 4 IA N , m I V I 1 � 1 S I a n s'R i m �g� `7� 0;0 I m NW 3 a soa�8 � m I ,> u • 3 � YYY o � lrn" s CIO aa'�•` a -r t•,3 O S" N33 M 5E ISi Ne °� m 1 .o a OA mr i = tV m Y: o Z mrni m r w W W a IL Z vo Q m 1 0 3P �0 Q 91OC I 81 Otl N_ i tl i -o O 7�a I I . I v 1 O p y m I m f CII A m kk'3 S7ATEHIGHWAY 227 �J Amlexa5wl Map " Aerovista Commercial C�b of sal, Lub ObbM COMM -Aa ��2 11/12/99 FRI 1s: s3 FAIL bUS (� �2s cu Exhibit B Resolution No. ,9.090 EXHIBIT "A" PARCELS 1,2,3, AND 4 OF PARCEL MAP NO. CO 89 -2161 IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 8, 1999 IN BOOK 54, PAGE 26 OF PARCEL MAPS FIND OF LEGAL DESCRIPTION 0 y RESOLUTION NO. 9089 (2000 Series) A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION COMMISSION APPROVE ANNEXATION NO. 62, 13.6 ACRES AT 11955 LOS OSOS VALLEY ROAD; DEVAUL RANCH SOUTH ANNEXATION (ANNX 87 -00) WHEREAS, the Planning Commission and City Council have held public hearings on the proposed DeVaul Ranch South Annexation; and WHEREAS, the City Council on August 15, 2000, introduced Ordinance No. 1373 (2000.Series), approving the Negative Declaration for the proposed 13.6 acre annexation and prezoning, 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 on August 15, 2000, by Ordinance No. 1373 (2000 Series) approved the prezoning for the annexation of property known as the DeVaul Ranch South Annexation; 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 Section 2; and WHEREAS, this proposal is consistent with the sphere of influence of the City of San Luis Obispo; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: . SECTION 1: Findings. 1. The annexation is appropriate since the site is contiguous to the City on its north side and the site is within the urban reserve line of the City. 2. The annexation of the site is a logical addition to the City due to its location in relation to existing urban development. 3. The annexation is consistent with the goals and policies of the City's General Plan. SECTION 2: Annexation Area Described. The DeVaul Ranch South Annexation consists of that area, including approximately 13.6 acres on the southwest side of Los Resolution No. 9089 (2u00 Series) Page 2 Osos Valley Road, generally east of Madonna Road and west of Highway 101, in the County of San Luis Obispo, being Assessor's Parcel Number 067 - 231 -003, as shown on the attached map, Exhibit A, and legally described in the attached Exhibit B. SECTION 3: Council Recommendation. The City Council recommends that the Local Agency Formation Commission of San Luis Obispo County approve the proposed annexation subject to property owner compliance with City requirements regarding open space dedication, in accordance with California Government Code Section 56844 et se q. SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and prezoning actions, the Negative Declaration, and all pertinent supporting documents to the Local Agency Formation Commission. On motion of Council Member Romero, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 15`s day of August, 2000. ATTEST: City ClerkA-ee Price APPROVED AS TO FORM: i /�� •� Jo tsen Mayor Allen Settle DeVaul North Resolution 9089 g% gga SOL* Froom V V City limit Line ANNX 87=00 'Urban Reserve Line Resolution 9089 LEGAL DESCRIPTION Parcel D of the Map of the Subdivisions of Part of Lot 60 of Jas T. Sbatton's Subdivisions of the Ranchos Canada de Las 0sos & La Laguna in the County of San Luis Obispo, State of CorfomA; being 6* Pmperfy of the Estate of R.J. Bullock Deceased, Surns}rod by George Story C E February, 1907, as shown on mop filed in Book A, Page 85 of Mops in the Office of the Recorder of said County, described as follows: PARCEL 1 Beginning at the norftry most comer of said Parcel D as roferenced by a stake marked $2. . thence 1. South 34045' East 7.12 chains to a stake marked '$C 1. , ftncv 2. South 55' West 17.85 chains to a stake marked $11. ; thence J. Mm1h 3445' West 818 chabxs to a stake marked $ fa , thence A North 58'30' East 17.86 chains to the pant of beginning. PARCEL 2 That porbon of Lois Owe Valley Road (a 66 foot wide road) lying norffmastery of and adjacent to the norfheaetery rare of the above described Parcel 1. Containing 1.168 acres � � ° '� �� ��z �G 0 RESOLUTION NO. 9088 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING AND RESTATING THE FRINGE BENEFITS FOR DEPARTMENT HEADS AND MANAGEMENT PERSONNEL AND SUPERCEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is committed to a comprehensive compensation and benefits policy that strengthens the recruitment and retention of well qualified and effective department heads and management personnel; and WHEREAS, the Council desires to maintain a management compensation plan that is consistent with other compensation plans; and WHEREAS, the list of benefits for department heads has not been updated since 1989, and the list of benefits for management employees has not been updated since they joined the department heads in an un- represented management group in 1996; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City shall continue to provide to employees listed in Exhibits "A" and "B" in Resolution No. 9017 (2000 series) certain fringe benefits as set forth in Exhibit "A" attached hereto and fully incorporated by reference. SECTION 2. The fringe benefits listed in Exhibit "A" for department heads shall apply to appointed officials, except where they have been modified by Council resolution. SECTION 3. The contribution for retired department heads' health insurance premiums described in Section C3.- of Exhibit "D" to Resolution No. 6604 (1989 Series) shall no longer be provided for department heads appointed after the date of this resolution. Upon motion of Vice Mayor Schwartz, seconded by Council Member Marx and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 15th day of August 2000. Resolution No. 9088 (2000 Series) Page 2 Lee Price, City Clerk APPROVED AS TO FORM: ge", y Attorney C :lam Mayor Allen Sett e Resolution No. 9088 (2000 Series) XM ri , DEPARTMENT HEAD AND MANAGEMENT FRINGE BENEFITS 2000 Section A Medical, Dental, Eve Care The City shall establish and maintain medical, dental and eye care insurance plans for coverage by department head and management employees and their dependents. The City reserves the right to choose the method of insuring and plans to be offered. The City has elected to participate in the Ca1PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $16.00 per month for active employees and $1.00 per month for retirees. The city's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as contributions for employees and retirees are equal. Employees with proof of medical insurance elsewhere are not required to participate in the medical insurance plan 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 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 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 employee benefits. 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 for medical insurance. Employees shall participate in term life insurance of $4,000 through payroll deduction as a part of the cafeteria plan. Section B Cafeteria Plan. Contribution The City shall contribute $420 per month for cafeteria plan benefits for each regular, full -time employee covered by this resolution. Less than full -time employees shall receive a prorated share of the City's contribution. Section C Life and Disability Insurance The City shall provide the following special insurance benefits in recognition of management responsibilities: + 1 Resolution No. 9088 (2000 Series) EXHIBIT "A" Management Fringe Benefits 2000 Page 2 1. Long -term disability insurance providing 66 2/3% of gross salary (maximum benefit $5,500 per month) to age 65 for any sickness or accident, subject to the exclusions in the long -term disability policy, after a 30 -day waiting period. 2. In addition to $4,000 term life insurance purchased by the employee through the cafeteria plan, $100,000 term life insurance for department heads and $50,000 term life insurance for management employees, including accidental death and dismemberment. Section D Retirement The City shall provide the California Public Employees' Retirement System's (CalPERS) 2% at 55 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit, and one year final compensation. The Police and Fire Chiefs shall receive the same retirement benefits as sworn personnel in their department. The City agrees to pay the employee's contribution to CalPERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute the current percentage of salary to Ca1PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to Ca1PERS on behalf of the employee. It is further understood and agreed that the payment of the employee's CalPERS contribution is made subject to I.R.S. approval and reporting procedures. The City shall report as salary all Employer -Paid Member Contributions to CalPERS for the purposes of retirement credit in accordance with Government Code Section 20636 (c) (4). Section E Supplemental Retirement The City shall contribute 1% of salary for management employees and 2% of salary for department heads to a defined contribution supplemental retirement plan established in accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and California Government Code sections 53215 - 53224. Section F Vacation Vacation leave is governed by section 2.36.440 of the Municipal Code, except that it may be taken after the completion of the sixth calendar month of service since the benefit date. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual accrual rate. Resolution No. 9088 (2000 Series) EXHIBIT "A" Management Fringe Benefits 2000 Page 3 However, if the City Administrative Officer determines that a department head has been unable to take vacation due to the press of City business, the City Administrative Officer may increase the accrual limits or once annually authorize payment for one -half of the accumulation up to a maximum of forty (40) hours. The City Administrative Officer may, within two years of appointing a department head, increase the rate of vacation accrual to a maximum of 120 hours per year. Vacation schedules for management employees shall be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. A department head may not deny a management employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, a department head may approve a two -month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year. Management employees are eligible, once annually in December, to request payment for up to 40 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Section G Administrative Leave Department heads shall accrue 80 hours of administrative leave per calendar year. Department heads shall have the option of taking such leave as additional paid leave or receiving cash for up to 80 hours at year end upon approval of the City Administrative Officer. Management employees shall be granted up to 48 hours per year of administrative leave. Section H Holidays Department heads and management employees shall receive 11 fixed plus 2 floating holidays per year. The floating holidays shall be accrued on a semi- monthly basis and added to the vacation accrual. Section I Sick Leave Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to 16 hours per year of sick leave if required to be away from the job to personally care for a member of his/her immediate family as defined in Section 2.36.420. This may be extended to 40 hours per year if the family member is part of the employee's household, and to 56 hours if a household family member is hospitalized and the employee submits written verification of such hospitalization,. If the family member is a child, parent or spouse, an employee may use up to 48 hours annually to attend to the illness of the child, parent or spouse, instead of the lesser maximums above, in accordance with Labor Code Section 233. In conjunction with existing leave benefits, department head.and management employees with one year of City service who have worked at least 1,280 hours in the previous year may be Resolution No. 9088 (2000 Series) EXHIBIT "A" Management Fringe Benefits 2000 Page 4 eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal Family and Medical Leave Act and the California Family Rights Act. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (A) Death — 25% (B) Retirement and actual commencement of CalPERS benefits: (1) After ten (10) years of continuous employment —10% (2) After twenty years of continuous employment — 15% Section J Workers' Compensation Leave An employee who is absent from duty because of on-the-job injury in accordance with State workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his/her base salary and the amount provided by workers' compensation law during the first ninety (90) business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. Section K Vehicle Assignment For those department heads who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the City will, at City option, provide a City vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for City business will be eligible for mileage reimbursement in accordance with standard City policy. Section L Appointed Officials The fringe benefits outlined in this exhibit for department heads apply to appointed officials, except where they have been modified by council resolution. KjdAN O O erg RESOLUTION NO. 9087 (2000 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON PORTIONS OF THE PUBLIC RIGHT -OF- WAY AT RUTH STREET AND LEFF STREET WEST OF THE RAILROAD, ABAN 170 -99. WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on June 28, 2000, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request to abandon a portions of the public right -of -way at Ruth Street and Leff Street west of the railroad, adjacent to 1201 Leff Street; 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 5293 -00, incorporated herein by reference. 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 portions of the public right -of -way at Ruth Street and Leff Street west of the railroad, 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 Leff Street right -of -way abandonment is consistent with the General plan because the Circulation Element identifies this street as a local street and adopted street improvement plans would not be compromised by the abandonment. 2. Development of a standard street cross section with 40 feet of paving from curb to curb is impractical at this location because of the location of the railroad and the adjacent slope bank. 3. The proposed Ruth Street abandonment is consistent with the General Plan because the street does not serve any additional properties, is unimproved, and has not been used for public purposes since the railroad right -of -way was established at this location, and easements will be reserved to ensure access to utilities in the former right -of -way. 1 City Council Resolution No. 9087 (2000 Series) Page 2 4. The proposed right -of -way abandonment is categorically exempt from the California Environmental Quality Act (CEQA) under Class 5, Minor Alterations in Land Use Limitations (Section 15305, CEQA Guidelines). Conditions: 1. Easements shall be reserved for any existing utilities owned by the City or the various utility companies that may have facilities within the right -of -way to be abandoned. Details and any specific conditions will be established prior to final action on the abandonment by the City Council. 2. Easements should be reserved for possible future access to a planned bike and pedestrian way within Ruth Street (10 ft. parallel with the RR right of way) and from Leff St., where the existing dirt access road connects with the RR right of way. Final details are yet to be determined and will be done prior to City Council consideration of these abandonments. SECTION 2. Copies of the map showing the particulars of the proposed abandonment is on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, October 3, 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. On motion of Vice Mayor Schwartz, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 15 `h day of August 2000. City Council Resolution No. 9087 (2000 Series) Page 3 City Clerk Lee Price APPROVED: i tto ey 7xhibi ey Jorgensen Attachment: t "A" - Street right -of -way Abandonment Map Exhibit A `J Resolution No. 9087 ,4k V I r , i I 1 j 1 1 Exhibit "A" - Street Right -of -Way. Abandonment Map 10 0 10 20 Feet � o 0 �, 2 �� RESOLUTION NO. 9086 (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Director of Public Works has identified equipment as set forth in Section 1 which is no longer needed by the City. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis as follows: SECTION 1. The Blu -Ray 452 Blue Print Machine is no longer needed by the City and is surplus property. SECTION 2. Disposal of the property shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion of Vice Mayor Schwartz, seconded by Council Member Marx and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 15th day of August 2000. AN Al Settle APPROVED AS TO FORM: i / .: ff Attorney � o 0 P � --��.� RESOLUTION NO. 9085 (2000 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR OF THE CITY OF SAN LUIS OBISPO TO ENTER INTO AND EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE, LOS PADRES NATIONAL FOREST WHEREAS, the City of San Luis Obispo deems it advisable to provide back -up fire protection for major incidents on federal lands, and WHEREAS, mutual aid is the most cost - effective method to provide this additional back -up; and WHEREAS, the City of San Luis Obispo has presently in force such agreements; and WHEREAS, additional agreements and modifications to existing agreements from time to time become desirable; BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The Mayor of the City of San Luis Obispo is hereby empowered and directed to enter into a mutual aid agreement (Attachment 1) between the City of San Luis Obispo and U.S. Department of Agriculture, Forest Service, Los Padres National Forest. SECTION 2. The City Administrative Officer of the City of San Luis Obispo is hereby empowered to update and execute this mutual aid agreement on behalf of the City of San Luis Obispo as are necessary to provide the citizens of the City of San Luis Obispo with the maximum level of protection available in the most cost effective manner. On motion of Vice Mayor Schwartz seconded by Council Member Marx and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 15'h day of August 200 Mayor Allen Settle City Clerk Lee Price I. .�. Resolution No. 9085 (2000-Series) Page 2 APPROVED TO FORM: • Irm Air r r i Resolution No. 9085 ATTACHMENT 1 COOPERATIVE FIRE PROTECTION AGREEMENT BETWEEN SAN LUIS OBISPO CITY FIRE DEPARTMENT AND U. S. DEPARTMENT OF AGRICULTURE FOREST SERVICE LOS PADRES NATIONAL FOREST THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the San Luis Obispo City Fire Department, hereinafter referred to as the "Department ", and the United States Department of Agriculture, Forest Service, Los Padres National Forest, hereinafter referred to as the "Forest Service ", under the provisions of the Granger -Thye Act of April 24, 1950 (16 U.S.C. 572). I. PURPOSE: To establish a mechanism to allow for reimbursement of Assistance by Hire costs associated with Department and Forest Service fires, in which either party responds to assist the other party, as requested through each parties respective dispatching systems. 11. STATEMENT OF MUTUAL BENEFITS AND INTERESTS: The Forest Service is charged with fire protection on National Forest lands within the boundaries of the Los Padres National Forest. The Department is responsible for both structural and wildland vegetation fire protection on lands outside of the Forest; within its' corporate territory. Each of the parties hereto maintains and operates a fire protection organization for the prevention and suppression of fires within its respective jurisdictions. Fires often require suppression resources beyond the capability of one agency alone, it is therefore mutually beneficial to share fire protection resources on an Assistance by Elite basis. The Department and Forest Service desire to cooperate to the maximum extent possible to achieve objectives of common interest and concern. The Department also wishes to receive Incident Command System (ICS) training provided by the Forest Service and it is beneficial to both the Forest Service and Department to have trained Department overhead available in emergency situations. Words and phrases used herein may have different meanings or interpretations for different readers. In order to reach a "common" understanding, words and phrases are included in a glossary along with mutually accepted definitions. This glossary is attached hereto as Exhibit A, and by this reference incorporated herein. NOW THEREFORE, in consideration of the mutual promises and conditions herein made, it is agreed as follows: 1 Resolution No. 9085 III. COOPERATIVE FIRE PROTECTION SERVICES A. Operating Plan Each year the Department and the Forest Service will mutually develop an Operating Plan that will describe each agencies fire protection organization, and detail operating procedures and other subjects identified in the Operating Plan Outline attached hereto as Exhibit B, and by this reference incorporated herein. Annual Operating Plans shall be approved by the Fire Chief, San Luis Obispo City Fire Department and the Forest Supervisor, Los Padres National Forest. Approved Operating Plans become a part of this agreement. Plans, or periodic revisions, shall be prepared and submitted for approval each year, or as requested by either agency. B. Responsible Agency For the purpose of this agreement, the parties hereto shall be distinguished. as follows: The agency responsible for the suppression of the fire because of its jurisdiction shall be called the "protecting agency ". The agency not possessing such responsibility for fire protection shall be called the "supporting agency ". IV. JOINT USE OF RESOURCES Joint use of fire suppression resources will be accomplished through Assistance by Hire. Standard Emergency Equipment Rental Agreement (SERA) rates are hereby incorporated by reference. Additionally, included are the standard timekeeping and payment procedures as outlined in the EERA. These procedures shall be used in all instances, unless superseded by specially negotiated rates. All equipment and personnel must be signed up under EERA prior to use through Assistance by Hire. A. Assistance by Assistance by Hire is the provision of fire suppression resources and overhead, by one agency to the other, on a full reimbursement basis. All requests to hire fire protection assistance must be clear and precise and shall be processed and recorded through the dispatching systems of both agencies. Requests not processed in this manner will not be reimbursable. All requests for fire suppression assistance in an agency's protection area shall be Assistance by Hire. The reimbursement period will begin with the time of dispatch from the individual's home station and will continue until the return of the individual to the home station. B. Facilities, Equipment, and Support Services It is mutually agreed that when beneficial for the protection of National Forest System Lands or Department Protection Areas, and in conformance with existing laws and regulations, the Department and Forest Service may procure, loan, lease, share, or exchange facilities, equipment, and support service. This may include such things as J Resolution No. 9085 C communication centers, warehouses, vehicles, fire equipment, engineering services and communications equipment. Operating plans shall outline conditions for specific situations. Any shared cost or reimbursements will be governed in accordance with existing policy of each agency. C. Interagency Use of Communication System The Forest Service and the Department may mutually agree to share such components of their communications system: radio frequencies, computer terminals, computer software, data transmission lines, and communication sites. Annual Operating Plans will detail any restrictions or special requirements of this sharing. D. Cooperative Training The Forest Service conducts multi- agency ICS fire management training sessions. Both agencies may cooperate to make maximum use of existing personnel, equipment, and facilities for training purposes. Any payment for training will be made in accordance with existing policy and regulations. E. Incident Team. Participation The Forest Service shall provide reimbursement for positions on Forest Incident Management Teams. The reimbursement period will begin with the time of dispatch from the individual's assigned home station and continue until return of the individual to the home station. The rate of payment shall constitute full reimbursement to the City, including direct and indirect costs, relative to personnel provided. See Exhibit C for rate by rank. Reimbursement shall be made directly to the City and not to individuals, support or coordinating personnel. V. GENERAL PROVISIONS A. Appropriated Fund Limitation Nothing herein shall be interpreted as obligating the Forest Service or the Department to expend funds or as involving the United States or the Department in any contract or other obligation for the future payment of money in excess of appropriations authorized by law and administratively allocated for the work contemplated in this agreement. B. Accounting Assistance by Hire Costs Assistance by Hire Costs 1. Documentation The Department and the Forest Service will document all expenditures incurred for providing Assistance by Hire services under the terms of this agreement. Expenditures include both direct costs and indirect or "administrative" costs. All costs will be calculated using established agency procedures. See Exhibit C for rate by rank. 3 0 (7' Resolution No. 9085 2. Billing Procedures On incidents where reimbursable costs are incurred pursuant to the terms of this agreement, the billing agency shall submit a bill for reimbursement, in duplicate, as soon as possible, but no later than 120 days after resources are released from the incident. The bill, identified by fire name and appropriate number, will be adequately documented and cost. shall be listed in an itemized fashion regarding resources and supplies utilized. A separate bill will be submitted for each incident. If the total cost is not known at the time of initial billing, then a partial bill, so identified will be issued when all costs are known; but in no case should this be more than 150 days after resources are released. All bills for services provided to the Department will be mailed to the following address for payment: San Luis Obispo City Fire Department 2160 Santa Barbara Ave. San Luis Obispo, CA 93401 All bills for services provided to the Forest Service will be mailed to the following address: U.S. Forest Service Attn: Linda Lowe Communication Center Manager 635 N. Santa Rosa San Luis Obispo, CA 93405 All bills will have a due date 30 days after the date of issuance. If payment cannot be made before the 30 days expire, then a 30 day extension, with oral or written justification, may be requested. Bills remaining unpaid after the 30 day extension will be charged daily penalty interest starting on the 61st day. This policy will recognize the legal restraint of California's Government Code Section 926.10 which does not allow payment of interest until 60 days after issuance of the original bill. Payment deadlines on bills which are contested by either party to this agreement may be extended by mutual consent of the Department and the Forest Service. Written notice that a bill is contested must be mailed to the address listed above within 6 days of issuance of the original bill, and must fully explain the area of dispute. Contested items will be resolved not later than 180 days following control of the fire. The uncontested portion of the bill may be paid pursuant to normal requirements with a notation that the contested portion is being withheld, or the entire bill may be paid with a credit provided when final resolution is made. Checks for reimbursement made pursuant to the above billings will refer the bill number and will be mailed to the remittance address listed on the bill. With adequate notice, either Department or the Forest Service shall have the right to audit the accounting record and supporting documents for which payment was made within the preceding three years. rd l i Resolution No. 9085 MI The Department will give the Forest Service or Comptroller General, through any authorized representative, access to and the right to examine all books, papers, or documents related to this instrument. C. Employment Policy It is agreed that employees of the parties to this agreement shall at all times be subject only to the laws, regulations, and rules governing their employment (whether they be the Department or the Forest Service) and shall not be entitled to compensation or other benefits of any kind other than specifically provided by the terms of their employment. D. Mutual Sharing of Information Both the Department and Forest Service will furnish to each other, or otherwise make available upon request, such maps, documents, instructions, records, and reports, including, but not limited to, fire reports, employment records, and law enforcement reports which either party considers necessary in connection with the agreement, subject to review and consent in accordance with applicable City, County, State, and Federal rules and regulations. E. Suppression and Damage Collection Nothing in this agreement shall preclude the Forest Service or the Department from collecting damages and suppression costs from third parties under the civil liabilities provisions of Federal and State statutes and common law manner provided by applicable law; however, whenever such collections have the effect of reducing the net expenditures of the Department or the Forest Service to accomplish services provided for in this agreement, then such collections shall be reported and subtracted from its statement of total expenditures by the agency making the collection, at least insofar as such statement of expenditure affects this agreement. F. Waiver of Claims The Department and Forest Service hereby waive all claims between and against each other, arising in the performance of this agreement, for compensation for loss or damage to each other's property, and personal injury, including death, of employees, agents and contractors, except that this waiver shall not apply to intentional torts or acts of violence against such persons or property. G. Joint Projects The Department and the Forest Service may jointly conduct appropriate mutual interest projects to maintain or improve the fire protection capability of either agency. Such projects will be properly documented and will set forth the objective of each undertaking and the role each agency will play in accomplishing that objective. Anticipated cost and the amount of each agency's share of the cost will be shown and itemized. A separate agreement will be executed whenever such mutual undertaking involves an exchange of F, Resolution No. 9085 funds, and/or involves a considerable exchange of services, outside the fire protection Assistance by Hire umbrella covered by this Cooperative Agreement. H. Participation In Similar Activities This instrument in no way restricts the Forest Service or the Department from participating in similar activities with other public or private agencies, organizations, and individuals. I. Nondiscrimination The Department shall comply with all Federal statutes relating to nondiscrimination and all applicable requirements of all other Federal laws, executive orders, regulations and policies. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), which prohibits discrimination on the basis of race, color, handicap, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex. J. Principal Contacts The principal contacts for this instrument are: James Smith USDA Forest Service Dept. Los Padres Forest 1616 Carlotti Dr. Santa Maria, CA 93454 805) 925 -9538 K. Amendments Robert F. Neumann San Luis Obispo City Fire Dept. 2160 Santa Barbara Ave. San Luis Obispo, CA 93401 (805) 781 -7380 Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by both parties, prior to any changes being performed. The Forest Service and the Department are not obligated to fund any changes not properly approved in advance. L. Termination Either party(s), in writing, may terminate the instrument in whole, or, part, at any time before the date of expiration. The Forest Service and the Department shall not incur any new obligations for the terminated portion of the instrument after the effective date and shall cancel as many obligations as is possible. Full credit shall be allowed for Forest Service and Department expenses and all noncancellable obligations properly incurred up to the effective date of termination. Excess funds shall be refunded within 60 days after the effective date of termination. rol J Resolution No. 9085 M. Duration of Agreement This instrument is executed as of the last date shown below and expires five years from the date of last signature, at which time it will be subject to review, renewal, or expiration. IN WITNESS WHEREOF, the parties hereto have executed this agreement. APPROVED Allen Settle, Mayor City of San Luis Obispo Date: Jeanine Derby Forest Supervisor Los Padres National Forest Date: The authority and format for this instrument have been reviewed and approved for signature by: Agreements Specialist Los Padres National Forest II Date: C? Resolution No. 9085 COOPERATIVE FIRE PROTECTION AGREEMENT EXHIBIT A GLOSSARY OF TERMS AGENCY: Either Forest Service or Fire Department. AGENCY REPRESENTATIVE: A supporting agency employee with full authority to speak for their agency on all matters including safety, cost apportionment, and strategy analysis. ASSISTANCE BY HIRE: Fire suppression resources that are to be paid for by the protecting agency. GENERAL ADMINISTRATION COSTS: Costs that cannot be readily identified with specifically financed programs and functions at the time they are planned, and are therefore funded by assessment against all available funds. LINE OFFICER: The individual assigned administrative responsibilities for an established Forest Service organizational unit. OPERATING PLAN: A plan developed at the Forest Supervisor and Fire Chief level for implementing the Cooperative Fire Protection Agreement. PROTECTION AREA: That area, which by law or pursuant to the terms of this agreement, is provided wildland fire protection by the Department or the Forest Service. QUALIFIED EMPLOYEE: A Department or Forest Service employee trained and approved to handle command of initial attack wildland fires; typically Fire Captain and higher in rank, or Forest Service equivalent. RANKING OFFICER: That person assigned by the Forest Service or Department to act as Incident Commander. SUPPORTING AGENCY: The agency not possessing fire protection responsibility for the area where support is being provided. WILDLAND FIRE: A fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain, or other flammable vegetation. WILDLAND FIRE PROTECTION: Those activities commonly referred to as detection, prevention, presuppression, suppression, that cumulatively contribute to the control or elimination of wildland fires. Resolution No. 9085 C COOPERATIVE FIRE PROTECTION AGREEMENT EXHIBIT B OPERATING PIAN OUTLINE I. Operating Plan Definition H. Authority for Operating Plan III. Purpose for Operating Plan IV. Definitions and Descriptions V. Specific Procedures A. Assistance by Hire B. Overhead C. Suppression Resources D. Specialized Equipment E. Authorized Sharing of Communications Systems F. Dispatching G. Training and Qualifications H. Joint Projects Review Procedures Appendix 0 C, Resolution No.9085 (2000 Series) I COOPERATIVE FIRE PROTECTION AGREEMENT EXHIBIT C San Luis Obispo City Fire Department shall be reimbursed using the same formula as defined in in the Cooperative Agreement for Local Government Fire Suppression Assistance to Forest Agencies between: - State of California, Office of Emergency services - State of California, Department of Forestry and Fire Protection - USDI Bureau of Land Management, California State Office; and - USDI National Park Service, Pacific West Region. Formula for Average Actual Rate The formula used is A = Average Actual Hourly Wage H = Total Hours on Incident W = Local Jurisdiction's Worker's Compensation Percentage Rate U = State Unemployment Percentage Rate Total personnel reimbursement in dollars = ((A x H x 1.5) + (A x H x 1.5 x W) + (A x H x 1.5 x U)] SAN LUIS OBISPO CITY FIRE DEPARTMENT AVERAGE ACTUAL HOUR WAGES & RATES Admin. Staff $28.37 Fire Mechanic $32.74 Firefighter $16.60 . Fire Engineer $22.40 Fire Captain $23.81 Fire Battalion Chief $30.88 Fire Chief $57.10 Worker's Compensation Rate 6% Unemployment Rate 0.4% Administrative Charges 11.0% Formula for Anuaratus & Vehicles Engines - horsepower rates (rate x hours) 0 to 150 hps = $13.00 151 to 175 = $13.00 176 to 190 = $16.00 191 to 250 = $24.00 251 to 275 = $24.00 276 to 400 = Privately Owned Vehicles= Sedan/Wagon = Pickup = 4X4 Pickup = Van = $28.00 $31 /actual mileage $24.00 /day $31.00 /day $33.00 /day $37.00 /day R 9085 Resolution No. 9085 Other = $41.00 /day 11 �i RESOLUTION NO. 9084 (2000 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1827 WHEREAS, the City Council made certain findings concerning. Tract 1827, as prescribed in Resolution No. 6723 (1989 Series), and WHEREAS, the City Council approved the final map for Tract 1827 per Resolution No. 8631 (1997 Series), and WHEREAS, the subdivider has satisfactorily completed the public improvements for said Tract, in accordance with City standards and specifications and has requested that the City accept the public improvements for maintenance and operation. NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No. 1827. The Faithful Performance surety is reduced to ten (10) percent in accordance with the subdivision agreement. The Labor & Materials surety may be released, since the conditions of Section 66499.7 of the California Government Code (Subdivision Map Act) have been met. On motion of Vice Mayor Schwartz, seconded by Council Member Marx and on the following roll call vote: AYES: Council Members Marx, Romero, Vice Mayor Schwartz, and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 15th day of August 0. Mayor Allen K. Settle A S `^ City Clerk, Lee Price Approved as to Form: Pre, Me V71yG. rgenson eI* ��� , o � �- �.� �� ��,� s �y�.ru