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HomeMy WebLinkAbout9643-9649RESOLUTION NO. 9649 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT WITH EXCEPTIONS TO THE LOT AREA AND WIDTH REQUIREMENTS FOR PROPERTY LOCATED AT 2120 FLORENCE AVENUE, (LLA 218 -04). WHEREAS, the City Council conducted a public hearing on February 1, 2005, and has considered testimony of the applicant, interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed lot line adjustment and minor subdivision exceptions are consistent with the General Plan, Zoning and Building Regulations, and other applicable City ordinances; and WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as provided for by California Environmental Quality Act Guidelines, Section -15305 Minor Alterations in Land Use Limitations. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (LLA 218 -04), the applicant's statement, staff recommendations and reports thereof, makes the following findings: 1. The lot line adjustment will not increase the number of parcels and complies with Section 66412(d) of the Subdivision Map Act and the City's Subdivision Regulations. 2. With minor exceptions to the Subdivision Regulations, the resulting parcels from the lot line adjustment will conform to the City's Zoning Regulations and building codes. 3. The site is physically suited to the type and density of development allowed in the R -2 -S zone. 4. The proposed lot line adjustment is categorically exempt from environmental review, pursuant to Section 15305 of the CEQA Guidelines. 5. The property to be divided is of such size or shape, or is affected by such site or topographic conditions, that it is impossible, impractical or undesirable, in this particular case, to conform to the strict application of the regulations codified in Title 16 of the Municipal Code (Subdivision Regulations) because the site is constrained by two street frontages and topography that limit feasible building site locations. C: O Resolution No. 9649 (2005 Series) Page 2 6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification because the adjustment will consolidate four nonconforming lots into three lots (one conforming, two nearly conforming). 7. The modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity since the resulting parcels are consistent with the lot area and width of other properties in the vicinity and the proposed lot design will minimize conflicts between adjacent properties. 8. Granting the modification is in accord with the intent and purposes of these regulations, and is consistent with the General Plan and with all applicable specific plans or other plans of the City because the adjustment will not alter the historic development pattern established in the neighborhood or exceed density provisions of the Medium Density Residential land use designation. SECTION 2. Approval. The request for approval of the Lot Line Adjustment (LLA 218- 04) with exceptions to the Subdivision Regulations for lot area and width, is hereby approved subject to the following code requirements. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot Line Adjustment" to the Public Works Director for review, approval and recordation, based on samples available in the Community Development Department. The submittal shall include all required recording and processing fees and an 8 '/2" x 11" map exhibit suitable for recording. 2. Future development shall require public right -of -way dedication, and public improvements and utility extensions to the satisfaction of the Public Works Director.. 3. A record of survey may be required in accordance with Business and Professions Code Section 8762. If required, it shall be recorded with or prior to recordation of the Lot Line Adjustment Agreement. On motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None Resolution No. 9649 (2005 Series) Page 3 The foregoing resolution was passed and adopted this 15` day of February 2005. Mayor David F. Romero ATTEST: Audrey Hoo er City Clerk APPROVED AS TO FORM: Jo an P. Lowell City Attorney c�� o \J RESOLUTION NO. 9648 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2193 WHEREAS, the City Council made certain findings concerning Tract 2193, as prescribed in Resolution No. 8758 (1998 Series); and WHEREAS, the City Council approved the final map for Tract 2193 per Resolution No. 9141 (2002 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2193, in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City. NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the public improvements for Tract No. 2193. The current Faithful Performance surety is hereby reduced to $140,000, being ten percent of the total cost of the public improvements, to be held for one year from this date, in accordance with the subdivision agreement. The Labor & Materials surety may be released at this time, since the conditions of Section 66499.7 of the California Government Code have been met. On motion of Council Member Settle seconded by Council Member Brown and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was adopted this 1S` day of February 2005. ayor avid F. Romero ATTEST: ll Audrey Ho er City Cler Resolution No. 9648 (206'Series) Page 2 Approved as to Form: • 7 " !VV • City Attorney C; �, O � RESOLUTION NO. 9647 (2005 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 11 2004 — DECEMBER 31, 2005 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: Tom Zeulner, San Luis Obispo Fire Battalion Chief Officers' Association President and Monica Moloney, Director of Human Resources. Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 1St day of February 2005. Mayor David F. Romero ATTEST: (, 9. Audrey Homer City Clerk IC ' .' Resolution No.9647 (2005 Series) Page 2 APPROVED AS TO FORM: jon6,tho. Lowell City Attorney C, MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION JULY 1, 2004 - December 31, 2005 city of � san lugs osispo � o 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 .......................... .............................10 10 PAYDAY ............................................................ .............................11 11 GENERAL PROVISIONS ................................... .............................12 12 HEALTH CARE INSURANCE ............................ .............................13 13 RETIREMENT .................................................... .............................17 14 UNIFORM ALLOWANCE ................................... .............................18 15 HOLIDAYS ......................................................... .............................19 16 VACATION LEAVE ............................................ .............................21 . 17 ADMINISTRATIVE LEAVE ................................. .............................24 18 SICK LEAVE ...................................................... .............................26 19 FAMILY LEAVE ................................................... .............................27 20 BEREAVEMENT LEAVE .................................... .............................29 21 HOURS .............................................................. .............................30 22 HEALTH / FITNESS ............................................. .............................32 a 0 0 ARTICLE NO. TITLE PAGE NO. 23 GRIEVANCE PROCEDURE .............................. .............................33 24 RESOLUTION OF IMPASSES ........................... .............................35 25 DISCIPLINARY ACTIONS ................................. .............................36 26 FULL AGREEMENT ........................................... .............................37 27 SAVINGS CLAUSE ............................................ .............................38 28 AUTHORIZED AGENTS .................................... .............................39 29 TERM OF AGREEMENT ................................... .............................40 APPENDIX °A" - Classification ........................... .............................41 APPENDIX "B "- Work Schedule Illustration ....... .............................42 APPENDIX "C" Employee Responsibilities and Benefits — Sick Leave .............43 c, o ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this first day of February, 2005, 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. 1 C 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. 2 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 o • 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 C- 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 workstation 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 O ARTICLE 6 RENEGOTIATIONS E If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other, its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 October and 1 November. If notice is properly and timely given, negotiations shall commence no later than 15 November. 2" • Ol 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 • • 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. Z. 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 0 o • 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, 2004, salaries shall be increased by 2.5 %. 6. Effective the first day of the first full pay period of July, 2005, salaries shall be increased by 2.5 %. 0 N 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. It is the intent of the parties to use the same survey agencies as used by the Firefighters' Union. 10 N ARTICLE 10 PAYDAY 11 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. 11 F ARTICLE 11 GENERAL PROVISIONS WORKING CONDITIONS: I* 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. Employees may participate in the city -wide Tuition Reimbursement Program.at the currently authorized reimbursement rate. 12 M ARTICLE 12 HEALTH CARE INSURANCE A. CONTRIBUTION N Effective in December 2004, for the January 2005 premium, the City agrees to contribute $728.00 per month for medical, dental, vision and life insurance for each regular, full -time employee covered by this Agreement. The City's total Cafeteria Plan contribution will be modified in December 2005 by an amount equal to one -half of the average percentage change in PERS health plans available in San Luis Obispo County. For example: if three plans were available and the year to year changes were +10% +15% +20 % respectively, the City's contribution would be increased by 7.5% (10% + 15% + 20% + 3 = 15% x 1/2). 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 $48.40 per month for active employees and $13.03 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 13 N 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. 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 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 fife insurance coverage of Ten Thousand Dollars ($10,000) paid by employee through the City's Cafeteria Plan. 14 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. 1. Duties and Oblioations 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 MCA. 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 MCA. C. Disseminate information and educate employees about the Citys 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.. 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 15 N 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). G. The City and the Association agree to meet and confer during the term of the contract to discuss post- retirement health contributions on a cost - neutral basis to the City in the context of potential City -wide programs /impacts. I ARTICLE 13 RETIREMENT The City agrees to provided PERS 3% at 55 forsworn personnel with five amendments, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit (Third Level), 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. Effective December 31, 2005, the City will implement the 3% at 50 retirement formula for sworn employees. Plan options will remain unchanged except that the one year final compensation amendment will apply to all sworn employees. 17 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 $825 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 Human Resources Director's office. D. Employees will be responsible to purchase and maintain health/fitness clothes, including appropriate athletic footwear as required by the Fire Chief. 18 i� 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 fora portion of their earned holiday leave (2.83 hours) each bi- weekly payroll period. The remainder of the employee's annual holiday leave (72 hours) shall be advanced to the employee effective the first payroll period in January of each year. Such holiday 19 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 calendar year. Any holiday leave remaining as of the last payroll period in December of each year will be paid to the employee at the straight time rate. If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the overage will be deducted from the employee's final paycheck. C. Floating (8 hour) holidays for non -shift employees shall be accrued on a monthly basis and added to the vacation accrual. Use, carry-over, accumulation, etc., of such vacation shall be subject to the same rules and procedures that cover all accrued vacation. 20 ARTICLE 16 VACATION LEAVE 0 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. Maximum accrual of vacation leave is two times the annual accrual. 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 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 21 o 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 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 twice annual maximum shall be paid as accrued. 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 22 Fe 0 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. 23 (-�) ARTICLE 17 ADMINISTRATIVE LEAVE All members of the unit shall be considered exempt and not eligible for overtime payment or any retum -to -work minimum payments or compensatory time off, except as described below or 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 four (4) hours. It does not include administrative meetings, 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. 24 0 0 Employees temporarily assigned as the acting Fire Chief on their days off will be eligible for compensatory time off on the following basis: Hours assioned CTO Earned 0 -5 hours 59 minutes 0 hours 6 hours — 11 hours 59 minutes 1 hour 12 -24 hours 2 hours 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 in another unit. 25 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 scheduler (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 twenty years of continuous employment - 20% (2) After twenty-five years of continuous employment— 25% (3) After 30 years of continuous employment — 30% (c) Job - related disability retirement and actual commencement of PERS benefits - 50% with a maximum of 750 hours payoff (50% of 1,500 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. 26 C ARTICLE 19 FAMILY LEAVE C 1. 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 fora 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 233. 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. 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 27 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 Citys 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. Further details on Family /Medical Leaves, are available through the City's "Guide to Family /Medical Leave Program ". 28 ARTICLE 20 BEREAVEMENT LEAVE 0 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. 29 ARTICLE 21 HOURS n Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a period of one year, shall average approximately fifty -six (56) hours per week. For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix B. A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.) 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.) A. Shift Coverage In conjunction with the implementation of a trial constant staffing program the City and Association agree to implement a shift coverage program for Fire Battalion Chiefs. Accordingly, shift Fire Battalion Chief absences will be covered by an off duty Fire Battalion Chief, through the Call Back options listed below. A Fire Battalion Chief working shift coverage in excess of 4 hours for another Fire Battalion Chief will receive a shift coverage stipend at the rate of 1.275% of base pay for each hour worked. Fire Battalion Chiefs continue to be overtime exempt and will perform all other additional work without additional compensation except as described in Article 17, Administrative Leave and the California Fire Assistance Agreement. 30 IN B. Trial Program Either the City or Association may give notice to the other of problemstiissues, which have developed in the program. Within thirty (30) days following any such notice, the Fire Chief and the Association shall meet to resolve the problems/issues. The City and the Fire Chief retain the right to cancel or continue the trial period after the 30 day resolution period. C. Call Back Shift Coverage call back shall be as follows: First Option — Rank for rank Second Option — Certified actors. (Until such program is developed, all members currently authorized to act out of grade as Fire Battalion Chiefs shall be deemed as certified actors). Third Option — Mandatory rank for rank. 31 i C) \J 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. 32 C O 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. 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 33 O • 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 fora review of the decision. The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within thirty (30) business days of submittal. U C 0 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 parry may initiate the impasse procedure by filing with the other party (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. 35 C� O 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 (the shift equivalent of 56 hours) 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 (the shift equivalent of 56 hours), but only for a violation of City safety rules of major significance. 91 G ARTICLE 26 FULL AGREEMENT • It is understood this Agreement represents a complete and final understanding on all . negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. During the life of this Memorandum of Agreement, should either party desire to modify its terms or to meet and confer with respect to matters within the scope of representation, such party shall request in writing to meet and confer on such item(s), which item(s) shall be specified in writing. During the life of this Memorandum of Agreement; either 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. 37 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. ARTICLE 28 AUTHORIZED AGENTS 0 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. 39 ARTICLE 29 TERM OF AGREEMENT This Agreement shall become effective upon adoption by Council, except that those provisions which have specific implementation dates, shall be implemented on those dates and shall remain in full force and effect until midnight December 31, 2005. SIGNATURES 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 February 1, 2005, by the following parties: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION Monica Moloney Director of Human Resources Karen Jenny Risk Manager I Tom Zeulner Fire Battalion Chief cw� , Warren Step nson Fire Battalion Chief Bob Rutledge Fire Battalion Chief on CLASSIFICATION Fire Battalion Chief APPENDIX A CLASSIFICATION 41 • CODE SALARY RANGE 5010 505 O • 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 0 = 24 -hour off -duty period SCHEDULE: XOXOXOXOOOOOOXOXOXOXO000 42 O APPENDIX C N 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 Emvlovee responsibilities and benefits - Sick leave. A. Sick Leave Defined. "Sick leave" shall be defined as follows: Absence from duty because of illness or off- the -job injury, or exposure to contagious diseases as evidence by certification from an accepted medical authority; 2. At each employee's option, absence from duty due to the death of a member of the "employee's immediate family," meaning spouse, child, brother; sister, parent, parent -in -law, step - parent, step- brother, step - sister, or any other relative living in the same household, provided such leave as defined in this subsection shall not exceed five working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay; 3. An employee whose memorandum of understanding incorporates a provision for "family leave" may use sick leave not to exceed three days per year if required to be away from his /her job to personally care for a member of the employee's immediate family as defined in this subsection. B. Rules Governing Sick Leave. 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. 43 0 0 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 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 44 O 10 be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of Section 2.36.460. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the city. This plan shall not give any employee the right to be retained in the services of the city, or any right of claim to sickness disability benefits after separation from the service of the city. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the city shall be the difference between the amount received by the employee from the city's compensation insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the city while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the city for monetary gain or other compensation, or by reason of engaging in business or activity for . monetary or other compensation other than business or activity connected with his /her city employment. 45 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) 46 R u,� rLu,,- 'IJ C O RESOLUTION NO. 9646 (2005 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2005, THROUGH DECEMBER 31, 2005 BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Employees' Association (SLOCEA), attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Ron Faria, San Luis Obispo City Employees' Association, and Monica Moloney, Director of Human Resources. Upon motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: Council Member Brown The foregoing resolution was adopted this 18'h day of January 2005. Mayor David F. Romero ATTEST: Audrey HAoper City Cler Resolution No. 9646 (2005 Series) • Page 2 APPROVED AS TO FORM: hnath'a�n P. Lowell City Attorney 0 0 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION JANUARY 1, 2005 Through DECEMBER 31, 2005 city of san Luis osispo C 0 TABLE OF CONTENTS Article No. Title Page No. 1 Parties to Agreement .......................... ..............................1 2 Recognition ........................................ ............................... 2 3 Term of Agreement ............................. ..............................3 4 Renegotiation ..................................... ............................... 4 5 Salary ................................................. ............................... 5 6 Overtime .............................................. ..............................9 7 Longevity ............................................ .............................10 8 Standby .............................................. .............................11 9 Callback ............................................. .............................12 10 Work Out -Of- Classification ................ .............................13 11 Temporary Assignment ...................... .........................:...14 12 Bilingual Pay ...................................... ..............:..............15 13 Payday ............................................... .............................16 14 Retirement ............................:............ .............................17 15 Retiree Medical Trust ......................... .............................18 16 Insurance and Refund ....................... .............................19 17 Long Term Disability Insurance ....... ............................... 23 18 Holidays ............................................. .............................26 19 Sick Leave .......................................... .............................28 20 Bereavement Leave ........................... .............................32 21 Family Leave ...................................... .............................33 22 Vacation Leave ................................ ................:.............. 36 23 Workers' Compensation Leave ......... .............................38 24 Work Schedule .................................. .............................39 25 Probation Period ................................ .............................40 26 Americans With Disabilities Act ......... .............................41 27 Transfer .............................................. .............................42 28 Layoffs .............................................. ............................... 43 29 Light Duty Assignment ....................... .............................50 30 Class "A & B" Physicals ................... ............................... 51 31 Uniform and Uniform Allowance ........ .............................52 32 Safety Program ................................ ............................... 53 33 Employee Rights ................................ .............................54 0 0 34 Grievance Procedure ......................... .............................55 35 Representative Role ........................ ............................... 58 36 Committee Representation ................ .............................59 37 Dues Deduction ............................... ............................... 60 38 Copies of Agreement ......................... .............................61 39 Reopener ............................................ ............................62. 40 Management Rights ........................... .............................63 41 Peaceful Performance ..................... ............................... 64 42 Full Agreement ................................... .............................66 43 Savings Clause ................................ ............................... 67 44 Authorized Agents .............................. .............................68 45 Signatures ........................................ ............................... 69 AppendixA ....................................... ............................... 70 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this 18th day of January, 2005, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo City Employees' Association, hereinafter referred to as the Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provisions in City Resolution No. 6620 unless so stipulated to by provision(s) contained herein and agreed to. 1 C O ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the City hereby recognizes the San Luis Obispo City Employees' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A, in the General Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of the Agreement. 2 ARTICLE 3 TERM OF AGREEMENT U This Agreement shall become effective January 1, 2005, except that those provisions which have specific implementation dates shall be implemented on those dates and shall remain in full force and effect until midnight December 31, 2005. 3 ARTICLE 4 RENEGOTIATION ,D If the Association desires to negotiate a successor Agreement, then the Association shall serve upon the City, during September of 2005, its written request to begin . negotiations as well as its written proposals for such changes. Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt of the notice and proposals by the City. 9 ARTICLE 5 SALARY SECTION A Rules Governing Step Changes The following rules shall govern step increases for employees: (1) The first step is the minimum rate and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is hired, the Administrative Officer may authorize hiring at any step. (2) The second step is an incentive adjustment to encourage an employee to improve his /her work. An employee may be advanced to the second step following the completion of twelve months satisfactory service upon recommendation by his /her department head and the approval of the Human Resources Director. (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced and ordinarily conscientious employee may expect to be paid after a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of twelve months service at the second step, provided the advancement is recommended by the department head and approved by the Human Resources Director. (4) The fourth and fifth steps are to be awarded only if performance is deemed competent or above as shown on the last performance evaluation. An employee may be advanced to the fourth step after 5 C O completion of one year of service at the third step provided the advancement is recommended by the department head and approved by the Human Resources Director. An employee may be advanced to the fifth step after completion of two years service (one year for employees who were at fifth step in one classification and then promoted to a lower step in a higher classification) at the fourth step provided the advancement is recommended and justified in writing by the department head and approved by the Human Resources Director. (5) The above criteria for step increases apply except where other arrangements are authorized by the Administrative Officer. (6) In applying the above rules, the next step shall be granted, other conditions having been met, on the first day of the payroll period within which the anniversary date occurs. (7) Should the employee's salary not be increased, it shall be the privilege of the department head and Administrative Officer to reconsider such increase at any time during the year. (8) Each department head shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves to an acceptable level by the end of 60 days. Prior to the end of 60 days the department head shall again reevaluate the employee and, as part of that reevaluation, shall notify the employee if the pay reduction shall then R �\ O become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove the fifth step during the same fiscal year, he /she may make the change at anytime with three business days written notice. SECTION B "Y" Rating An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time as there is an improved job performance. The department head shall give 60 days written notice to any employee he /she intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated employee would not receive neither step increases nor salary increases granted by the City Council in a MOA resolution. The "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. For example, if an employee is at step D when "frozen" his/her salary shall not ever be less then the current step C by this action. SECTION C Computation Computation of Sala�Range Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 7 C' Each across - the -board % salary increase shall raise step 5 of range 1 by that %. Step 5 of each successive salary range will be 2.63% above step 5 of the next lower range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. SECTION D Salary Provision for the Term of Agreement 1. The parties agree to a salary increase as set forth below to be effective on the first day of the first full payroll period in the month listed, for all employees employed by the City on the effective date of the increases beginning January 2005. January 2005 2.0% July 2005 1.0% N A. DEFINITION ARTICLE 6 OVERTIME u Overtime is defined as all hours ordered by management and worked by the employee in excess of forty (40) hours worked in a work week. Holidays and sick leave will be counted as hours worked for purposes of overtime. All overtime shall be authorized in writing by the department head prior to being compensated. B. COMPENSATION Overtime shall be compensated in cash at one and one half (1 1/2) times the employee's regular rate of pay, or in time off (CTO) at the rate of one and one -half (1 1/2) hours for each hour of overtime worked. All overtime shall be compensated to the nearest five (5) minutes worked. C. COMPENSATORY TIME OFF (CTO) An employee eligible for overtime compensation may elect compensation in the form of time off (CTO). An employee shall be compensated in CTO only if the employee's department head approved such compensation. An employee may not be compensated in CTO for more than sixty (60) hours of overtime worked in the calendar year. Accumulated CTO not taken within the calendar year shall be compensated in cash at straight time. Such compensation shall be paid in January of the following year. N O O ARTICLE 7 LONGEVITY A. Employees with hire dates after December 31, 1973. Effective January 1, 1983, no employees will become eligible for longevity pay and employees then receiving longevity pay shall receive no increases in longevity pay based on additional service with the City. B. Employees with hire dates prior to January 1, 1973. Each employee shall be paid an additional one percent (1 %) of his base salary step following ten years of continuous full -time service with the City. An additional one ,percent (1 %) of base salary will be added for each subsequent five -year period, calculated to the nearest one dollar ($1.00). C. In the event an employee receiving longevity pay is not performing up to the established standards set for the job, the department head with the concurrence of the City Administrative Officer may suspend payment of the longevity pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and with the concurrence of the City Administrative Officer. D. The department head shall notify the employee in writing that he intends to suspend the longevity pay unless the employee's job performance improves significantly within a 60 -day period. If the employee's job performance does not improve to the desired level by the end of 60 days, the pay reduction shall then become effective. Longevity pay may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove longevity pay during the same fiscal year, he /she may make the change at any time with three business days written notice. 10 ARTICLE 8 STANDBY V A. Standby duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; Be readily available at all hours by telephone or other agreed -upon communication equipment; and Refrain from activities which might impair his/her assigned duties upon call. B. Employees, other than those assigned to the Water Reclamation Facility, will receive thirty dollars ($30.00) for each week day, thirty-five dollars ($35.00) for each weekend day, and thirty-five dollars ($35.00) for each holiday of such assignment. C. Operators at the Water Reclamation Facility will receive standby amounts equivalent to those set forth above prorated for the hours actually spent on standby duty. D. For return to work as part of a standby assignment, as defined above, the City will guarantee either two (2) hours of pay in cash at straight time or pay at time and one half for time actually worked whichever is greater. E. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 11 A. DEFINITION ARTICLE 9 CALLBACK O Callback is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's workshift or workweek; Except that, an early call -in of up to two (2) hours prior to the scheduled start or a workshift shall not. be considered a callback. B. COMPENSATION For an unexpected return to work, as defined in A above, the City will guarantee either four (4) hours pay in cash at straight time or pay at time and one -half for time actually worked, whichever is greater. If an employee who was called back and has completed his/her assignment and left work is again called back to work, he /she will not receive another minimum if the return is within the original minimum. 12 0 ARTICLE 10 WORK OUT -OF- CLASSIFICATION A. OUT -OF -CLASS ASSIGNMENT For the purposes of this article, an out -of -class assignment is the full -time performance of all the significant duties of an available, funded position in one classification by an individual in a position in another classification. An employee assigned in writing by management to work out -of -class on a position that is assigned a higher pay range and is vacant pending an examination or is vacant due to an extended sick leave, shall receive five percent (5 %), but in no case more than the fifth step of the higher class, in addition to their regular base rate commencing on the eleventh consecutive workday on the out -of -class assignment. Employees assigned as project managers and thereby working out -of- classification shall receive compensation pursuant to this section. Work out -of -class compensation will be evaluated after six months. Out -of -class compensation will be increased to the first step of the higher classification at least five (5 %) upon the recommendation of the supervisor and approval of the department head. B. SEASONAL SUPERVISION If, in addition to his/her regularly assigned employees, any employee responsible for five (5) or more temporary workers for a period exceeding 10 consecutive work days shall receive additional pay of 5% commencing with the 11th day. 13 n ARTICLE 11 TEMPORARY ASSIGNMENT An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his/her regular duties and position from which he /she was regularly assigned. Such action shall have the prior approval of the Human Resources Director. An appointing authority may assign an employee to a different position for a period of time not to exceed 90 days, provided the employee has received 24 hours written notice which includes reasons for the assignment. 14 o • ARTICLE 12 BILINGUAL PAY Employees certified as bilingual in Spanish through a testing process and certified as being required to regularly use their Spanish speaking skills shall receive a bilingual payment of thirty -five ($35) dollars per pay period. Additional languages may be approved by the City based upon demonstrated need. Regardless of certification and payment, all employees shall use any language skills they possess to the best of their ability. 15 o • ARTICLE 13 PAYDAY Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 16 C� O ARTICLE 14 RETIREMENT A. The City agrees to provide the Public Employees' Retirement System's 2.7% at age 55 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit (4"' level), one year final compensation, and the Military Service Credit option. B. The City agrees to contribute eight percent (8 %) of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute eight percent (8 %) of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to PERS on behalf of the employee. It is understood and agreed to by the parties that the City "pick up" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, eight percent (8 %) of salaries will be added to the total compensation provided by the City to the employees. It is further understood and agreed to by the parties that payment of the eight percent (8 %) PERS contribution is made subject to I.R.S. approval of reporting procedures. The eight percent (8 %) payment will be reported to PERS as special compensation (EPMC). C. The City agrees to amend the PERS contract to include the Pre - Retirement Optional Settlement.2 Death Benefit (Government Code § 21548) to be effective July 1, 2005. 17 O O ARTICLE 15 RETIREE MEDICAL TRUST The City of San Luis Obispo Employee's Association has established a Retiree Medical Benefit Trust to provide for health insurance and other medical expense reimbursements to unit employees after retirement. The Trust is administered separately by a Board of Trustees composed of members of the Association. The City is not involved with the establishment or administration of the Trust. Included in the funding for the Trust will be amounts designated by the Association to be deducted from each employees' paycheck. The City's sole responsibility is to forward the designated amounts to the Trust. The Association and Board of trustees are solely responsible for obtaining any necessary IRS approvals, establishing and administering the Trust. The Association will indemnify, defend and hold harmless the City, its agents, officers and employees, against any and all claims or legal proceedings regarding the establishment and operation of the Trust. m N ARTICLE 16 INSURANCE AND REFUND A. CONTRIBUTION • Effective January 1, 2005, the City shall contribute $570.00 per month for Cafeteria Plan benefits for each regular, full time employee covered by this agreement. Less than full -time employees shall receive a prorated share of the City's contribution. B: INSURANCE COVERAGE. 1. PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $48.40 per month for active employees and $13.03 per. month for retirees. The City's contribution toward retirees shall be increased by five (5 %) percent per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the City's Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for. In summary, this cost and any increases will be bome by the employees. 19 o • 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 insurance premiums are deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits. 3. Health Insurance Benefits for Domestic Partners The City has adopted a resolution electing to provide health insurance benefits to domestic partners (Section 22873 of the Public Employees' Medical and Hospital Care Act [PEMCHA]). 4. Dental and Vision Insurance /Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the "employee only" rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage under the PERS medical plan. 20 (7i 0 C. LIFE INSURANCE Employees shall pay for life insurance coverage of Twenty -five Thousand Dollars ($25,000). D. MEDICAL PLAN REVIEW COMMITTEE The Association shall appoint two voting representatives to sere on a Medical Plan Review Committee. In addition, the Association may appoint one non- voting representative to provide a wider range of viewpoint for discussion. The vote of each voting representative shall be weighted according to the number of employees represented by the association. 1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE a. Review and suggest changes for the City's flexible benefits plan and the insurance plans offered under the MOA; b. Submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan and the insurance plans offered under the MOA; C. Disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA; d. Participate in other related assignments requested by the City and its employee associations. 21 o • 2. MISCELLANEOUS a. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. b. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and Association. C. If changes to the City's flexible benefits plan, or Cafeteria Plan, are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. d. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive regular City health payment benefit for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero (0). 22 C • ARTICLE 17 LONG TERM DISABILITY INSURANCE A. COVERAGE All employees shall be covered by Long Term Disability Insurance (LTD). B. COST OF LTD The employee shall pay all costs of the program, which the City shall deduct from employees' paychecks. C. ACCUMULATION OF BENEFITS Time -in- service and other City benefits will only accrue when an employee is on City -paid time. D. COORDINATION OF BENEFITS 1. LTD payments shall be coordinated with accumulated paid time so that take home pay will not exceed regular take home pay. Paid time is defined as vacation, sick leave, CTO, and holiday. 2. The coordination of payments will be administered by the City. The employee must take his/heruncashed LTD benefit check to Finance. a. Determination of the use of paid time for coordination of benefits, shall be made by the City. Employees on disability leave shall be required to use all accumulated paid time prior to using unpaid time. b. Employees who receive LTD benefits shall receive credit for a portion of the paid leave used to cover their absence. To determine the credit, the amount of their LTD benefit shall be 23 I j divided by their base hourly rate multiplied by 1.4. The credit shall be prorated if the employee has any non -paid time during the pay period. To receive the credit, the employee must sign his/her LTD benefit check over to the City. EXAMPLE: Employee uses 80 hours of sick leave. Employee receives $384 from LTD. Employee's hourly rate is $9.67. 1.4x$9.67 = $13.54 $384 / $13.54 = 28.36 hours. The employee receives a credit of 28.36 hours. E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE 1. If an employee has no paid time at the beginning of a pay period, the employee shall neither accrue vacation or sick leave, nor shall the employee receive his /her regular City health payment benefit except as provided in #3 below. To continue health insurance, the employee must pay the entire cost of his/her health coverage for that pay period. 2. If an employee has at least sixteen hours of paid time at the beginning of a pay period, the employee shall receive his /her regular vacation and sick leave accruals. 3. If an employee has any paid time at the beginning of a pay period, the employee shall receive his/her regular City health payment benefit for that pay period. For continuance of medical insurance see Insurance and Refund, Article 16, Section E. 24 F. WITHDRAWAL FROM LTD If this unit chooses to withdraw from LTD after the required two (2) years membership, it must present a majority petition indicating such desire. 25 ARTICLE 18 HOLIDAYS The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - Martin.Luther King Jr. Birthday Third Monday in February - Presidents' Day Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas One -half day before Christmas One -half day before New Year's Day Two Floating Holidays When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as eight (8) hours of paid time off for regular full -time employees. Floating holiday accrual: An individual employed on a floating holiday (FH) accrual date shall be credited with eight (8) hours of additional vacation. Use, carry-over, 26 accumulation, etc. of such vacation shall be subject to the same rules and procedures that cover all accrued vacation. The two floating holidays will be accrued January 1 and July 1. 27 C' O ARTICLE 19 SICK LEAVE A. Sick leave shall be defined as absence from duty because of illness or off-the-job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Rules governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of twelve (12) days or the prorated shift equivalent per year of continuous service. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness.. 4. Department heads shall be responsible to the City Administrative Officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five (5) consecutive working days by personnel in his/her department. Such proof may be required for periods less than five (5) consecutive working days where there exists an indication of sick leave abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision, without having a valid 28 reason, will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action. 7. Any employee absent for an extended illness or other physical disability may be required by the Human Resources 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 Human Resources 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 the Personnel Rules unless eligible to participate in the City's Catastrophic Leave Policy. For continuation of medical insurance see Insurance and Refund, Article 17, Section E. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not 29 C' 0 give any employee the right to be retained in the services of the City nor any right of claim to sickness disability benefits after separation from the services of the City. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other compensation other than business or activity connected with his /her City employment. 12. Accumulation of sick leave days shall be unlimited. 13. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (a) Death 30% (b) Retirement and actual commencement of PERS benefits: (1) After ten years of continuous employment -10% 30 O (2) After fifteen years of continuous employment -15% (3) After twenty years of continuous employment — 20% (4) After twenty -five years of continuous employment — 25% (5) After thirty years of continuous employment — 30% 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 (40 hours) for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. 32 ARTICLE 21 FAMILY LEAVE A. An employee may take up to two (2) days (16 hours) of sick leave per year if required to be away from the job to personally care for a member of his/her immediate family. B. An employee may take up to five (5) days (40 hours) of sick leave per year if the family member is part of the employee's household. C. An employee may take up to seven (7) days (56 hours) of sick leave per year if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. D. For purposes of this article, immediate family is defined as spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, grandparent, or any other relative living in the same household. E. The amounts shown in A, B, and C above are annual maximums, not maximums per qualifying family member. F. . 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 annual maximums in paragraphs A. and B. above, in accordance with Labor Code Section 233. F. In conjunction with existing leave benefits, employees with one year of City service who have worked at least 1280 hours in the last year, may be eligible for up to 12. weeks of Family /Medical Leave within any 12 month period. Family/Medical Leave can be used for 33 C' O 1. A new child through birth, adoption or foster care (maternal or paternal leave). 2. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. 3. Placement of an employee's child for adoption or foster care. 4. A serious health condition which makes the employee unable to perform the functions of his or her position. This leave shall be in addition to leave available to employees under the existing four month Pregnancy - Disability Leave provided by California law. Paid leave, if used for family leave purposes or personnel illness, will be subtracted from the 12 weeks allowed by the Family /Medical Leave Program. Employees must use all available vacation, compensatory time and administrative leave and, if appropriate, sick leave prior to receiving unpaid Family /Medical Leave, Employees on Family /Medical Leave will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees who receive cash back under the City's Flexible Benefit Plan will not receive that cash during the Family /Medical Leave. Only City group health insurance premiums will be paid by the City. If an employee does not return to work following Family /Medical leave, the City may collect from the employee the amount paid for health insurance by the City during the leave. There are two exceptions to this rule: 34 C, O 1. The continuation of a serious health condition of the employee or a covered family member prevents the return. 2. Circumstances beyond the employee's control. Further details on Family /Medical Leaves, are available through the City's "Guide to Family/Leave Program." 35 C o ARTICLE 22 VACATION LEAVE A. Each incumbent of a 40 hour a week line -item position shall accrue vacation leave with pay at the rate of 12 days (96 hours) per year of continuous service since the benefit date for the first five years, 15 days (120 hours) per year upon completion of five years, 18 days (144 hours) per year upon completion of ten years, and 20 days (160 hours) upon completion of twenty years. B. An incumbent is not eligible to use accrued vacation leave until it has been accrued, and approved as provided below. C. A regular employee who leaves the City service shall receive payment for any unused vacation leave. D. It is the employee's responsibility to request and use vacation leave in a manner that neither jeopardizes their vacation balance nor the efficiency of the work unit. Vacation schedules must be reviewed by management prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Management may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, management may approve a two-month extension of maximum vacation accrual. In no event shall more than one such extension be granted in any calendar year. E. Any employee who is on approved vacation leave and becomes eligible for sick leave, as defined in Section 2.36.420 of the Municipal Code, may have such time credited as sick leave under the following conditions: 36 1. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. 2. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978 Series) F. Vacation leave shall be accrued as earned through December 31, up to a maximum of twice the annual rate. G. All employees in this unit are eligible, once annually in December, to request payment for up to forty (40) hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Employees must have eighty (80) hours of accrued vacation leave to be eligible. Upon request, vacation sellback payments shall be made by separate check. 37 0 ARTICLE 23 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on- the -job injury in accordance with state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his/her base salary and the amount provided by workers' compensation during the first 90 business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. For continuation of medical insurance see Insurance and Refund, Article 17, Section E. 38 ARTICLE 24 WORK SCHEDULE • This article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day, nor hours of work per week, nor of days of work per week. Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without reasonable prior written notice to the employee and the Human Resources Director. Neither callback nor overtime constitutes a change in workshift. All references to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one (1) day being equivalent to eight (8) hours. 39 0 ARTICLE 25 PROBATION .PERIOD All new appointments in line -item positions in the classified service shall be subject to a probationary period of one.year. Promotions or transfers to line -item positions within the general unit in the classified service shall be subject to a probationary period of six months. The probationary period may be extended or reinstated if further employee evaluation is deemed necessary for up to six months upon the written recommendation of the department head and the written approval of the human resources director. Employees not successfully passing a promotional or transfer probation or voluntarily requesting to have the promotion rescinded during the first 90 calendar days of the probationary period shall be returned to their previously held position without notice or hearing. If the cause for not passing probation was sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstatement to the lower position. If no vacancy exists, the name of the employee may be placed on a Reemployment List per Article 28, Layoffs, section B. 40 o • ARTICLE 26 AMERICANS WITH DISABILITIES ACT The City and Association acknowledge the passage of the Americans with Disabilities Act. It is agreed that the City shall take all necessary actions to comply with the provisions of this Act. If necessary, sections of this Memorandum of Agreement and/or the City Personnel Rules may be suspended in order to achieve compliance. 41 0 ARTICLE 27 TRANSFER A. TRANSFER REQUEST 0 Employees who want to transfer may notify the City by filing a form with the Human Resources Department. Such form shall be developed and made available by the Human Resources Department. B. TRANSFER PROCESS Upon proper notice and concurrence by the City Administrative Officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he /she possesses the minimum qualifications as determined by the Human Resources Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Administrative Officer orders the transfer for purposes of economy and efficiency. The employee shall be given five (5) business days' written notice of the transfer including the reason for the change. 42 O ARTICLE 28 LAYOFFS LAYOFF PROCEDURE O In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall determine when and in what position or classifications layoffs are to occur.. The Human Resources Director shall be responsible for the implementation of a layoff order of the City Council in accordance with the procedures outlined below: A. After determining which job classification within a department shall be laid off, the order of layoffs shall be as follows: 1. Temporary and contract employees, in the order to be determined by the appointing authority; 2. Probationary employees (promotional probation excluded), in the order to be determined by the appointing authority; For regular employees, layoffs shall be governed by job performance and seniority in service within a particular department and job classification. For the purpose of implementing this provision, job performance categories shall be defined as follows: Category 1: Performance that is unsatisfactory, below standard, needs improvement, unacceptable or does not meet minimum standards. Performance defined by this category is evidenced by the employee's two most recent performance evaluations with an 43 • • overall rating that falls within the lowest two categories of the performance appraisal report. Category 2: Performance that is competent, superior, meets expectations, meets performance standards, exceeds performance standards and expectations or is outstanding. Performance defined by this category is evidenced by an employee's two most recent performance evaluations with an overall rating that falls within the top two or three performance categories of the performance appraisal. A regular employee being laid off shall be that employee with the least seniority in the particular job classification concerned and in the department involved who is in the lowest job performance category. Employees in Category 1 with the lowest seniority will be laid off first, followed by employees in Category 2. Should the two performance evaluations contain overall ratings that are in the two different Categories as defined above, the third most recent evaluation overall rating shall be used to determine which performance category the City shall use in determining order of layoffs. a. In the event two or more employees in the same job classification are in the same job performance category, the 44 employee with the least amount of service with the City shall be laid off first. b. Transfer to another department in lieu of layoff is authorized upon approval of the department needs, if there is a vacancy and the employee meets the minimum job requirements. C. Regular part time employees shall receive prorated seniority credit. B. Laid Off Employees on Reemployment List. The names of employees who have been laid off shall be placed on the appropriate Reemployment List for one year. The recall of employees will be in reverse order of layoff, depending upon City requirements. Reemployment lists shall be used for filling those classes requiring substantially the same minimum qualifications, duties and responsibilities of the class from which the layoff was made. C. Appointment of Laid -Off Employees to Vacant Class. An appointing authority may, with the approval of the department head and the Human Resources Director and in agreement with the employee, appoint an employee who is to be laid off to a vacancy in a vacant class for which he or she is qualified. D. Employee reassignments (bumping procedure): 1. Employees who have been promoted during their service with the City may bump back one classification in their career series, or to a position within a classification they formerly held, if there is an 45 o • employee in the lower previously held classification with less seniority than the employee who wants to bump. Seniority for the purpose of this section shall mean time in the position in the lower classification plus time in other classifications. For example, (1) an employee attempting to bump to Accounting Assistant II from Accounting Assistant III would utilize their combined time as a II and III in determining whether or not they had more seniority than an individual in the II classification. (2) An employee attempting to bump to a Parks Worker II from a Street Painter position would utilize their combined time in each respective position to determine seniority. 2. Reassignment rights may be exercised only once in connection with any one layoff, and shall be exercised within seven (7) calendar days from the date of the notice of the layoff, by written notice from the employee. 3. The bumping right shall be considered exercised by the displacement of another employee with lesser total service or by the acceptance of a vacant position in the class with the same or lower salary. 4. Full time and part time regular employees shall have bumping rights for either full time regular or part time regular positions. 5. Notwithstanding the foregoing, if the City Administrative Officer determines that the public interest will not be served by application 46 �_ ,' O of the above criteria, the City Administrative Officer may depart therefrom on the basis of a clearly demonstrable superiority in performance and/or qualifications. 6. Employees on layoff shall be offered reemployment in the inverse order of layoff, provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. E. Employment programs with special requirements will be administered in accordance with appropriate Federal or State guidelines and directives. F. The City will notify recognized employee organizations of the effective date of any reduction in force concurrent with the notice to the affected employee(s) pursuant to G, below. G. Notice of Layoff to Employees. An employee to be laid -off shall be notified in writing of the impending action at least thirty (30) calendar days in advance of the effective date of the lay -off. The notice shall include the following information: 1. Reason for lay -off. 2. Effective date of layoff. 3. Employee rights as provided in these rules. H. Removal of Names From Reemployment Lists. The Human Resources Director may remove an employee's name from a reinstatement list if any of the following occur: 47 10 The individual indicates that he /she will be unable to return to employment with the City during the life of the list; or 2. The individual cannot be reached after reasonable efforts have been made to do so. The City shall utilize certified mail when contacting individuals; or 3. The individual refuses two reemployment offers. Individuals shall have ten (10) days to respond to the offer of reemployment and an additional fourteen (14) days to return to work. K. Employee Rights And Responsibilities. In addition to rights identified herein, employees affected by these procedures shall also have the following rights: Through prior arrangement with his/her immediate supervisor an employee who has been notified of his/her impending layoff shall be granted reasonable time off without loss of pay to participate in a prescheduled interview or test for other employment. 2. An employee who has been laid off shall be paid in full for his /her unused accrued vacation leave on the effective date of the layoff. 3. When an individual is reemployed he /she shall be entitled to: a. Retain his/her seniority date. b. Accrue vacation leave at the same rate at which it was accrued at the time of the layoff. c. Have any unused sick leave reinstated. 48 C U An individual reemployed into the job classification from which he /she was laid off shall be assigned to the same salary range and step he /she held at the time of the layoff. An individual reemployed into a job classification other than the classification from which he /she was laid off shall be assigned to the salary range of the new classification at the amount closest to the salary he /she earned at the time of the layoff. An individual reemployed into the classification from which he /she was laid off while still a probationary employee shall complete, upon return to the job, the remaining portion of his/her probationary period, if any, in effect at the time of the layoff. Similarly, an individual who is reemployed shall complete upon return to the job the same work time he /she would have had to work at the time of the layoff to attain a higher vacation leave accrual rate or to become eligible for a salary step increase, if such changes are possible. ., o • ARTICLE 29 LIGHT DUTY ASSIGNMENT If an employee's medical condition temporarily precludes the performance of his/her normal duties and management determines modified work is available and necessary to be performed, he or she may, with medical authorization, be temporarily assigned to such work for a period not to exceed six months. No change in base pay will result unless the duties to be performed are substantially greater or lesser than those normally performed by the employee and the employee's current pay rate is not within the pay range for the temporarily assigned work. In no event shall any employee's current pay rate be reduced more than four (4) ranges at the same step. 50 • • ARTICLE 30 CLASS "A & B" PHYSICALS The City will pay for costs for physical exams not covered by City insurance policies required for those employees required by the City to hold valid Class "A or B" California drivers licenses. 51 E ARTICLE 31 0 UNIFORM AND UNIFORM ALLOWANCE A. The Administrative Assistants in the Police Department shall receive a two hundred fifty dollar ($250.00) uniform allowance semi - annually the first pay period in January and July. B. This allowance shall not be paid for any employee who is off duty for more than six pay periods. If the employee returns to work during that six -month period, his /her uniform allowance will be prorated. C. All other employees required to wear City uniforms shall be provided clean uniforms. A uniform includes either one shirt and pants combination or one pair of coveralls. D. Uniforms and work shoes shall only be used on City business. E. Employees required to wear City uniforms shall only be permitted to wear other clothing for,medical reasons upon submission of a letter from the city doctor certifying that the city uniform is injurious to their health. Decisions regarding this paragraph shall be made by the Human Resources Director on a case -by -case basis. 52 ARTICLE 32 SAFETY PROGRAM The City shall continue a compensation program for safety representatives on the basis that each designated safety member shall be compensated at the rate of $10.00 per month. The description of the duties of a safety committee member shall be designed by the Human Resources Director or his/her designee. The intent of the safety representatives is to assist the Human Resources Director and the overall safety program in reducing accidents by reporting hazardous conditions. 53 M ARTICLE 33 EMPLOYEE RIGHTS • Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations including but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 54 o • ARTICLE 34 GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the employer - employee resolution, the Personnel Rules and Regulations, any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within fifteen (15) business days of the response of 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. 55 C. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Human Resources Director within 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 of findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Administrative Officers decision and reason if denied 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 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 Human Resources 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 56 • 0 modifying the City Administrative Officers decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within thirty (30) business days of submittal. 57 o • ARTICLE 35 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization, one employee observer, and the Association President to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item 2 below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. M. ARTICLE 36 COMMITTEE REPRESENTATION A. If the Director of Human Resources establishes a committee to study possible changes which will affect significant numbers of employees in the unit in subjects within the scope of representation, and if the Human Resources Director includes unit members on the committee, such committee members shall be designated by the Human Resources Director after consultation with the Association.. This unit shall have the same number of committee members as each other unit has. B. Two representatives of the bargaining unit designated by the Association and two representatives of management designated by the City shall meet on an as- needed basis to discuss issues of concern to the parties. 59 o • ARTICLE 37 DUES DEDUCTION The City shall deduct dues from City employees and remit said dues to the Association on a bi- weekly basis for the duration of this Agreement. These dues shall not include assessments. Bi- weekly dues deduction additions and/or deletions shall be recorded by the City's Finance Director and a notification of all dues transactions shall be sent bi- weekly to the Association Treasurer. The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. The Association shall refund to the City any amount paid to it in error upon presentation of supporting evidence. .ol ARTICLE 38 COPIES OF AGREEMENT Parties agree City shall provide thirty (30) copies of the Agreement to the Association. Association shall pay 1/2 City's actual cost. Parties shall consult concerning size and format of printed agreement and concerning who does the printing of the agreement. W 0 0 ARTICLE 39 REOPENER Upon request of the City, the Association agrees to reopen negotiations on possible implementation of a Sick Leave Incentive Program(s). Upon request of either the Association or the City, the parties agree to reopen negotiations on possible retirement enhancements, if approved by the State legislative and signed by the Governor. Any enhancements to the retirement plan would be cost neutral to the City. At the request of the City or the Association, the parties agree to meet and confer on the implementation of broad banding of classifications and recruitment incentives for classifications that have been difficult to fill. lR N ARTICLE 40 MANAGEMENT RIGHTS 0 The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to cant' out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 63 O • ARTICLE 41 PEACEFUL PERFORMANCE If an employee participates in a strike or a concerted work stoppage, the City may apply discipline up to and including discharge. However, nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. A. Employee organizations shall not hinder, delay, or interfere, coerce employees of the City to hinder, delay, or interfere with the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow- down, sit -down, stay -away, or unlawful picketing. B. In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this article, the City, in addition to any other lawful remedies of disciplinary actions, may by action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. C. Employees shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency, provided there is work to perform. 64 o • Any decision made under the provisions of the Article may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. 65 O • ARTICLE 42 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. The Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the_ Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request. .. o • ARTICLE 43 SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 6620. 67 0 0 ARTICLE 44 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Agreement: A. The Association's principal authorized agent shall be the President (address: 990 Palm Street, San Luis Obispo, California 93401: (805) 781 - 7196). 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, CA 93401 -3249; telephone: (805) 781 - 7250). .: o • ARTICLE 45 SIGNATURES Classifications covered by this Agreement and included within this unit are shown in Appendix "A ".. This Agreement becomes effective, as witnessed hereto by the following parties: A6�/ l William Avery, City C n Itant W �"'k A- Monica Moloney, Human Resources Director /Date Other City Negotiating Team Members Karen Jenny - SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION Paul Bechely, SLOCEA Consultant Ron Faria, President/Date Other SLOCEA Negotiating Team Members Tim Girvin Ed Humphrey Madelyn Paasch Randy Stevenson Greg Zocher N APPENDIX A CLASSIFICATIONS • The classifications listed below are those classifications represented by the Association and are presented alphabetically which does not illustrate job families nor functional groupings as shown in previous MOA's. Accounting Assistant I Accounting Assistant II Accounting Assistant III Administrative Assistant I Administrative Assistant II Administrative Assistant III Assistant Engineer I Assistant Engineer_ II Associate Engineer Associate Planner Associate Transportation Engineer Biologist Building Inspector Building Maintenance Technician Building Permit Coordinator Chief Lab Analyst Code Enforcement Coordinator Engineering Technician I Engineering Technician II Field Engineering Assistant Fire Plan Check Inspector GIS Specialist I GIS Specialist II Heavy Equipment Mechanic Heavy Equipment Operator I Heavy Equipment Operator II Industrial Waste Inspector Information Systems Technician I Information Systems Technician II Laboratory Analyst SBP Maintenance Worker I Maintenance Worker II - Buildings Maintenance Worker II - Parks Maintenance Worker II - Streets Maintenance Worker III - Parks Maintenance Worker III - Streets Management Assistant 70 0 0 Parking Coordinator Parking Enforcement Officer Parking Meter Repair Worker Parks Maintenance Technician Permit Technician I Permit Technician II Planning Technician Plans Examiner Public Works Inspector Radio Systems Technician Recreation Coordinator I Recreation Coordinator II Signal Maintenance Electrician Supervising Administrative Assistant Telemetry & Instrument. Technician Traffic Engineer Transportation Assistant Transportation Associate Tree Trimmer I Tree Trimmer II Urban Forest Technician /Arborist Utilities Conservation Technician Wastewater Collection System Operator SBP Water Customer Service Personnel SBP Water Distribution System Operator SBP Water Reclamation Facility Chief Operator Water Reclamation Facility Maintenance Technician SBP Water Reclamation Facility Operator SBP Water Supply Operator SBP Water Treatment Plant Chief Operator Water Treatment Plant Maintenance Technician SBP Water Treatment Plant Operator SBP . Denotes positions within a career series. 71 Hig✓ o • RESOLUTION NO. 9645 (2005 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE MASTER LIST OF HISTORIC RESOURCES TO INCLUDE PROPERTY LOCATED AT 1429 OSOS WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing historical preservation program guidelines, including procedures for adding properties to the listing; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on November 22, 2004 to consider a request by Eric Meyer, property owner of 1429 Osos Street, to add said property to the Master List of Historic Resources, and; WHEREAS, said property was being considered for Master List historic status, in part, because of its historic association with Mitchell Park and reflection of early San Luis Obispo architecture; and WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical documentation on the property and recommended that the City Council add the property to the Master List, and; WHEREAS, this City Council considered this recommendation during an advertised public hearing on January 18, 2005, pursuant to historic preservation guidelines established by Council Resolution No. 6157 (1987 Series); NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical Resource Inventory for the property, on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines, the following: SECTION 1. Environmental Determination. Historic designation does not constitute a "project" as defined under Section 15378 of Title 14, Ch. 3 California Code of Regulations and therefore is not subject to review under the California Environmental Quality Act (CEQA). SECTION 2. Findings. The building located at 1429 Osos Street meets the Historic Preservation Program Guidelines criteria for historic listing as a Master List Property under Architectural Criterion I. Style and rarity of existence, Age 11, Historical Criterion VI- Person and VII- History- Context, based on the following findings: o Resolution No. 9645 (20053eries) Page 2 VI (History- person) and VII (History- Context) and to recommend the Council add the property to the Master Property List, citing the following circumstances in support of the nomination: 1. The property exhibits traditional, vernacular and/or eclectic influences that represent a particular period of the community and to a great extent has maintained its architectural integrity. The house is perhaps the only remaining pre -1880 brick residence in San Luis Obispo 2. The house was constructed during the beginning period of rapid growth in the late 1880's. 3. Frank Campbell Mitchell, whom constructed and resided at the property, was significant to the community as a public leader, in that he served as Mayor and Trustee of the City of San Luis Obispo and served three terms as County Supervisor. Frank Mitchell made contributions that had a beneficial effect on the community in that as a skilled mason and concrete contractor, Mr. Mitchell was responsible for constructing many of the buildings and bridges in San Luis Obispo and Santa Maria. 4. The building occupies its original site, across from Mitchell Park, which was donated by Mr. Mitchell to the community, and sits on its original foundation. SECTION 3. Addition to Master List of Historic Resources. The building located at 1429 Osos Street is hereby added to the Master List of Historic Resources, eligible for the National Register of Historic Places, based on historic documentation on file in the Community Development Department. SECTION 4. Publish Revised Master List of Historic Resources. The Community Development Director is hereby directed to amend the Master List of Historic Resources to include the property listed above, as described in Exhibit A, and to publish a revised Inventory of Historic Resources for public distribution. SECTION 5. Recording of Historic Properties. The City Clerk is hereby directed to record the properties' historic designation and legal description with the San Luis Obispo County Recorder, pursuant to State Law. Resolution No. 9645 (200 ries) Page 3 Upon motion of Vice Mayor Ewan, seconded by Mayor Romero, and on the following roll call vote: AYES: Council Members Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: Council Member Brown The foregoing resolution was adopted this 18'h day of January 2005. Mayor David F. Romero ATTEST: Audrey Ho/orr v City Cler APPROVED AS TO FORM: `� J6nathfrn P. Lowell City Attorney Resolution No. 9645 (2002fies) O Page 4 EXHIBIT A LEGAL DESCRIPTION OF LISTED HISTORIC PROPERTY Following is the legal description of the property added to the City of San Luis Obispo's Master List of Historic Resources to be referred by the historic name "Frank Campbell Mitchell House." This property was added to the Master List on January 18, 2005, by City Council Resolution No. (2005 Series): 1429 Osos Street CY SLO MISN VIN TR BL 107 LT 4 City of San Luis Obispo, California 93401 (Assessor's Parcel Number (APN #) 003 - 541 -012). Owner: Eric Meyer O O RESOLUTION NO. 9644 (2005 Series) APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND VINCE FONTE, BRENDAN MCADAMS, AND ROB ROSSI, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1314 PALM STREET, IN SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 001 - 223 -008, located at 1314 Palm Street, San Luis Obispo, California 93401, also described as the Michael Righetti House, (hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of Califomia Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners, Attachment 1. IZO fo" Resolution No. 9644 (2005 -Series) Page 2 SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the Califomia.Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Vice Mayor Ewan, seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Mulholland and Settle, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was adopted this 18th day of January 2005. Mayor David F. Romero ATTEST: Z J " Audrey Hoop City Clerk "Au 2 1116190 13I Jon . Lowell ' City Attorney ORIGINAL. HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT A 1314 PALM STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, ST OF CALIFORNIA. sr THIS AGREEMENT is made and entered into this 1 day of --r�6 �„�� , 2005; by and between the City of San Luis Obispo, a municipal corporation (here inafter'referred to as the "City "), and Vince Fonte, Brendan McAdams, and Robin Rossi (hereinafter referred to as "Owners "), and collectively referred to as the "parties." Section 1. Description of Preservation Measure_ s. The owners, their heirs or assigns hereby agree to undertake and complete; at their expense, the preservation, maintenance and improvements measures described in "Exhibit A ", attached: hereto.. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation, and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement's effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non - renewal. A. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as "annual renewal date "), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on the other party: Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. C: The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal. D. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: Historic Property Agreement, 1314 Palm Street Page 2 A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch and other aspects of the appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. B. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owner agrees to allow pre- arranged tours on a limited basis, to the approval of the Community Development Director or his designee. C. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character- defining architectural features such as oak and mahogany details, pillars and arches, special tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character - defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior (�D O Historic Property Agreement, 1314 Palm Street Page 3 G. and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of. the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288: Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement.: In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to O • Historic Property Agreement, 1314 Palm Street Page 4 any court, state or federal, for injunctive relief against any violation by the owners, or apply for such relief as may be appropriate. B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration_ to resolve disputes or grievances growing out of this contract. Section S. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1,314 Palm Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and. reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 To Owners: Section 10: General Provisions. A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor Historic Property Agreement, 1314 Palm Street Page 5 shall such terms, provisions, or conditions cause them to be considered. joint. ventures or members of any joint enterprise. B. The Owner agrees to hold the City-and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents; and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the Owner's activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents or employees. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whither or not the City prepared, supplied, or approved the plans, specifications or other documents for the historic property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. E. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. F. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portion_ s thereof, shall not be effected thereby. G. This agreement shall be construed and governed in accordance with the laws of the State of California. o Historic Property Agreement, 1314 Palm Street Page 6 Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OOBIBISPO David F. Romero, Mayor Date OWNER Robf Rossi ince Fonte Brendon McAdams Date Date Date TATE OF CALIF . ) )s CO Y OF SAN L OBISPO ) \bt �%✓ 0_ is day o __ _ he undersign a Notary Public in and for said State, rsonally ap known to to be the mayor of the City of San 's Obispo, a m . icipaing and organized der the laws of the State of Califo 'a. my hand ah%l official seal.. EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1314 PALM STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain, and repair the historic building, including its character- defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a.N ills Act Preservation Contract with the City of San Luis Obispo for property located at 1314 Palm Street. Character - defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2.. Owner agrees to make the following improvements and/or repairs during the term of this contract, but. in no case later than January 31, 2015, or ten (10 ) years from the contract date, which ever comes first. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment of Historic Properties: A. Building foundation shall be replaced and/or repaired to comply with applicable construction codes. B. Building roof shall be replaced and or repaired to match the original architectural design of the house, to the approval of the Community Development Director. C. Exterior siding and trim shall be restored and/or replaced, where necessary, with new materials which match original materials, to the approval of the Community Development Director. D. Property owner shall repaint the building, fencing and accessory structures to match historic exterior finishes and treatments, to the approval of the Community Development Director. All painted surfaces shall be properly prepared, primed and painted with a high - quality exterior finish. E. Building shall be seismically strengthened'in accordance with City standards. F. Building's original exterior and interior architectural features shall be repaired_; replaced or restored, to the approval of the Community Development Director. G. Queen Anne style stairs and porches shall be replaced or restored to match the originals. H. Windows and doors shall be restored, or replaced to match original, to the approval of the Community Development Director. I. Original landscape elements shall be restored or recreated to the extent these can be \I O determined. The new Coach Barn and studio apartments.shall be designed to complement and be compatible with the historic house, to the approval of the Cultural Heritage Committee. K. Owners shall continue to a high level of maintenance to the house's exterior and grounds, as evidenced by periodic repainting and repair of exterior materials and surfaces, high quality landscape maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or other historic site features. OWNERS JHWn illsacMgheWhouseemiIlsactcon11 -10-04 Date aP 4LX^ G 6' Date l f3��� Date 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California / County o /( �� D ss. O before me, /-�fv&/I „ %�Gl i�• N ate ' /� � an Title of Officer (f f, "Jane Doe, Notary biie) personally appeared rY, /7 exe Names) of Slgnerts) Aersonally known to me ❑ oved to me on the basis of satisfactory evidence to be the personX whose name' is /a)( subscribed to tfie \within instrument and acknowledged to me that he /s t� executed the same in his / uthorized capacity and that y his/ tP�tr signatur n the instrument the perso or the enti upon behalf of which the p acted, executed the instrument. N S y hand and o f ial sealk tur I Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to other document of Attached Document illuf�/ o M� �i',�k e elVd,17M ���yAmf *jgM7e J. Titl or •v. 1111a�¢ ar�ha Type of Document: f. j'- _ _ _ _ __j ` I ,/ W, P f or Document Date: 'rye - umber of Pages: Signer(s) Other Than Named Above: o L / XOS, • Capacity(ies) Claim rly Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attomey -in -Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Neaonal Notary Assoclaeon • 9350 Do Soto Ave.. P.O. Boy 2402 • Chatsxrorth, CA 91313 -2402 • w nalionalnotary.org Prod. No. 5907 Reorder: Call Toll -Rao 1- 600.6]6.682] C� O CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Califo is County Ian ss. Dal, personally appeared Icy GARCUI _ #-13-44418- 1uaa1a Hway pwft - Canamia SmI lab Obfepo Candy Ep *CIMIR. knFabRA. personally known to me roved to me on the basis of satisfactory evidence to be the person whose name)is /ar subscribed to thKithin instrument a d acknowledged to me that he/ X executed the same in his /� authorized capacity and th t by his /Fy�Q/t signatur n the instrument the per o _ or the enti upon behalf of which the per on' acted, executed the instrument. OPTIONAL THE S y hand and offi i seal. A ig lure dot ry Pu Though the information below is not required by law, it may prove valuable to persons relying on. the document and could prevent fraudulent removal and reattachment of this form to another document. )escription of Attached Document t�;J1`��i G f 3 ,R�Q/ `,e fid77 Document Date: Signer(s) Other' Capacity(ies) Claimed by Signer j,J�, /' , +n /'� y_] Signer's Name: v� 6-j n � /w� %r( 1 / '�' - ❑ Individuar, ` ��� "' 1/ /� Top of thumb here • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: I I 0 1 999 National Notary Association • 9350 Do Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402 • wwwmationalnolary.org Prod. No. 5907 Reorder: Call Toll-Free 14100- 876-W7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Califo is County o ss. hdVI✓ personally appeared C.OQY11WpA i 1�1� wC101111R� �� personally known to me ❑ oved to me on the basis of satisfactory evidence to be the personsgJ whose name�is /� subscribed to a (thin instru ent nd acknowledged to me that he/Vvh executed the same in his /figAt authorized capacity(i and th t is/ r/t signature n the instrument the pe o or the enti upon behalf of which the per on acted, executed the instrument. OPTIONAL Though the information below is not required bylaw. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to other document. Description of Attached Document t/r`lYe�1GP`1aW17n'lZe�%��7 G 6 47. A- • D. u � dwIl ate �Y/S�d/iG Title o�ocum Document Date: / 4 ' , `h //—� Number of Pages: A Signer(s) Ot er Than Named Above: , l & C p ) � � C aci ies aimed fic r, Signer's Name: Q% `V v ❑ Individual Top of llIDmb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Nalional Notary ASBOO eon • 9350 be Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313 -2402 • w .nationalnotary.orlt PrW. No. 507 Reorder.. Call Toll -Free 1- 800- 8)6GBD EN STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) N On February 1, 2005, before me Audrey Hooper, City Clerk, personally appeared David F. Romero, (Mayor), CITY OF SAN LUIS 0BISPO, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ajdA n !1l > rty Clerk (This area for official City Seal.) 0 0 RESOLUTION NO. 9643 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING DEVELOPMENT IMPACT FEES IN THE MARGARITA AREA FOR TRANSPORTATION AND PARK IMPROVEMENTS WHEREAS, the Council adopted the Margarita Area Specific Plan on October 12, 2004 following extensive public hearings by the Planning Commission and Council; and WHEREAS, Chapter 9 (Public Facilities Financing) of the Margarita Area Specific Plan provides a detailed description of the transportation and park improvements needed to serve this area (including plan preparation) and their costs, along with the method of apportioning these costs between types of development; and WHEREAS, the development impact fees adopted by this resolution, which are set forth in Exhibit A attached hereto, are exactly the same as those included in the approved Margarita Area Specific Plan; and WHEREAS, the Council held a public hearing on January 4, 2005 to consider proposed fees in funding improvements needed to serve new development in the Margarita Area; and WHEREAS, the Community Development Director has determined that the provisions of this resolution are exempt from the provisions of the California Environmental Quality Act pursuant to Article 18 of the California Environmental Quality Act Procedures and Guidelines; and WHEREAS, the proposed fees comply with the provisions of Section 66000 of the Government Code (AB 1600). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION A. FINDINGS 1. The purpose of these area - specific fees is to implement the goals and objectives of the City's General Plan and the Margarita Area Specific Plan, to meet the public facility needs of the Margarita Area and to mitigate the impacts of new development in this area, by providing a financing method for the construction and purchase of certain transportation and park improvements. The Council has determined that impact fees are needed in order to finance these facilities and improvements and to pay for new development's fair share in the Margarita Area of the construction or purchase costs of these facilities and improvements. In establishing the fees described in the following sections, the Council has found these fees to be consistent with the City's General Plan, and pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the said General Plan Land Use Element. .. ;c Resolution No. 9643 (2005 Series) Page 2 2. Area - specific development impact fees in the Margarita Area, whose boundaries shall be as defined in the Margarita Area Specific Plan, are hereby established as a condition of any new development for which any of the following approvals or permits is required: a. Approvals of land divisions pursuant to Title 16 of the San Luis Obispo Municipal Code, including approval of lot line adjustments, certificates of compliance, parcel maps, tract maps and condominium conversions. b. Land use approvals pursuant to Title 17 of the San Luis Obispo Municipal Code, including rezonings or the approval of development plans, site plans, minor use permits, variances, but excepting approval of San Luis Obispo General Plan/Land Use Ordinance amendments. C. Issuance of any occupancy permit or final building inspection. d. All other approvals of real property development, which approvals are subject to the jurisdiction of the City of San Luis Obispo and which approvals are subject to the exercise of the discretion of the Council, Planning Commission or Community Development Director. For purposes of this resolution, new development includes any change of use or occupancy which increases the traffic service requirements of a development. 3. There is a reasonable relationship between the types of development on which these impact fees are imposed, and the use of these impact fees and the need for the facilities and improvements. 4. There is a reasonable relationship between the amount of these fees and the cost of the facilities and improvements attributable to the developments on which these fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for by these fees is shown in Chapter 9, Public Facilities Financing, of the Margarita Area Specific Plan, which is attached hereto as Exhibit B of this Resolution. These costs have been allocated to new development on the basis of dwelling unit type for residential uses and building square footage for non - residential uses, which are reasonably related to the transportation and park needs of a development project in the Margarita Area. 5. The fees collected pursuant to this resolution shall be used only to pay for facilities and improvements identified in the impact fee analysis and shall not be in lieu of any other fee or tax as may be required by this code. SECTION B. AMOUNT OF IMPACT FEES Effective March 7, 2005, area- specific fees shall be in the amounts set forth in Exhibit A attached hereto. Unless otherwise acted upon by the Council, the amount of the fees will automatically be adjusted on July 1 of each year by the annual percentage change in the U.S. Bureau of Labor Statistics consumer price index for all urban consumers (CPI -U), all - cities average for the prior calendar year. 0 0 Resolution No. 9643 (2005 Series) Page 3 SECTION C. ONGOING REVIEW OF COST ESTIMATES 1. At any time that the actual or estimated costs of facilities identified in the impact fee analysis changes, the Director of Finance & Information Technology (Director) shall review the impact fees and determine whether the change affects the amount of the impact fees. If the impact fees are significantly affected, the Director shall, within thirty (30) days, recommend to the Council a revised fee for their consideration. 2. At least once every five years, the Council will review the basis for these area - specific impact fees to determine whether: they are still reasonably related to the impacts of development; the facilities and improvements for which the fees are charged are still needed; and the cost estimates are still valid. SECTION D. TIME OF PAYMENT 1. As provided in Government Code Section 66007(b), the area- specific fees set forth in Exhibit A shall be payable prior to issuance of building permits required for that development and shall be collected by the Building Official.. 2. For any development project or portion thereof, impact fees shall be assessed at the time of application and remain valid for as long as the application is proceeding through valid processing as per the Uniform Administrative Code. SECTION E. DETERMINATION OF LAND USE CATEGORY All determinations regarding the appropriate classification of development applications by land use category shall be made by the Community Development Director. SECTION F. EXEMPTIONS The fees established under this resolution do not apply to the following: 1. Other government agencies. 2. That portion of a structure which existed before the addition of dwelling units or the enlargement of floor area in a non - residential structure. If a structure is destroyed or demolished, and replaced within two years from the date of demolition, the impact fees shall be based on the service requirements of the new development less the service requirements of the development which it replaced. SECTION G. APPLICANT CONSTRUCTION OF FACILITIES If the applicant for approval of any development project is required by the City, as a condition of approval, to construct facilities whose cost has been used in the calculation of impact fees which apply to that project, the applicant shall receive a credit for that portion of the 0 0 Resolution No. 9643 (2005 Series) Page 4 total fees otherwise payable that are attributable to those facilities. If the credit exceeds the amount of the impact fees due on the development, a reimbursement agreement with the applicant shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development. SECTION H. LIMITED USE OF FEES The revenues raised by payment of these fees shall be placed in a separate account along with any interest earnings on that account, and shall be used solely to: 1. Pay for the design and construction, including construction management, of improvements set forth in Exhibit B, or to reimburse the City for funds advanced from other sources to pay for said design and construction. 2. Reimburse developers who have been required or permitted to install portions of said facilities or improvements. SECTION I. FEE ADJUSTMENTS 1. Each development is independent and no reductions to impact fees will be transferable to another development nor will an excess be refunded. 2. Any person whose new development is subject to these impact fees may appeal to the Council for a reduction or adjustment of those fees, or a waiver of those fees, based on the absence of any reasonable relationship between the impacts of that new development and either the amount of the fees or the type of facilities or improvements funded by the fees. The appeal shall be made in writing and filed with the City Clerk, together with any required appeal fee, within ten (10) days following notification that the fee is to be imposed. The appeal shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The Council shall consider the appeal at an appeal hearing to be held within sixty (60) days after the filing of the appeal. The hearing may be continued from time to time. The decision of the Council on the appeal shall be final. If a reduction, adjustment or waiver is granted, any change in the permitted type or intensity of land use within the approved development project shall invalidate the reduction, adjustment or waiver of the fee. SECTION J. UNEXPENDED IMPACT FEE REVENUES 1. Notwithstanding Section C.2, whenever any impact fee, or portion of an impact fee, remains unexpended or uncommitted five (5) or more years after payment of the fee, the Council shall make findings once each fiscal year with respect to the unexpended amount. The Council shall identify the purpose for which the fee is to be used, and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The findings required by this section need be made only for monies in the possession of the City, and need not be made Resolution No. 9643 (2005 Series) Page 5 with respect to any letters of credit, bonds or other items given to secure payment of the fee at a future date. 2. The City shall refund to the then - current owner or owners of the new development project or projects, on a prorated basis, the unexpended or uncommitted portion of the impact fees for which need cannot be demonstrated pursuant to this section. The City may refund the unexpended or uncommitted revenue by direct payment, by providing a temporary suspension of impact fees or by any other means consistent with the intent of this section. The determination of the means by which those fees are to be refunded is a legislative act. 3. If the Council determines that the administrative costs of refunding unexpended or uncommitted impact fees pursuant to this section exceed the amount to be refunded, the Council, after a public hearing, notice of which has been published pursuant to Section 6061 of the California Government Code and posted in three prominent places within the area of the new development project, may determine that the said fees shall be allocated for some other purpose for which impact fees are collected and which serves the new development project on which the fees were originally imposed. SECTION K. SEPARATE ACCOUNTS The Director will deposit fees collected under this resolution in separate accounts as required by Government Code Section 66006. Within 180 days of the close of each fiscal year, the Director will make available to the public an accounting of these fees, and the Council shall review that information at its next regular public meeting. Upon motion of Vice Mayor Ewan seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: Council Member Settle The foregoing resolution was adopted this 4`h day of January 2005. Mayor David F. Romero ATTEST: Audrey Hoo r City Clerk Resolution No. 9643 (2005 Series) Pa ,e 6 APPROVED AS TO FORM: Johathn P. Lowell City Attorney O O O EXHIBIT A MARGARITA AREA DEVELOPMENT IMPACT FEES Transportation Improvements, Park Improvements and Plan Preparation Effective March 7, 2005 Margarita Transportation Park Plan Improvements Improvements Preparation - _Residential: Per Unit Single - Family Residential Properties Dedicating Park Land $4,787 $6,481 $161 Other Properties 4,787 11,223 161 Multi - Family Residential Properties Dedicating Park Land 2,900 4,823 153 Other Properties 1 2,900 8,3521 153 Non- Residential: Per 1,000 Square Feet Retail $22,165 $141 Office/Business Park/Light Manufacturing 9,219 141 c CID a m Q N N U m LL U 7 a occ =�cacicxN°c >aNi LL -� c' m e x_ m m °w m N ca E m� =: yU rn CL a) EcnNN coo cecn? LE wc LL N N "-• L r,= v o N o 'c N •c N N In = y .p w C N an d w-6 m L 2 O. 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