HomeMy WebLinkAbout10331-10340 RESOLUTION NO. 10331 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING
THE 2012 CDBG PROGRAM AND REALLOCATING $212,901 OF FUNDING
FROM PREVIOUS CDBG PROGRAM YEARS
WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis
Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Morro Bay, and Paso
Robles and the County of San Luis Obispo; and
WHEREAS, said cities and County cooperatively administer several federal grant
programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo
City Council on June 21, 2005, and under applicable U.S. Department of Housing and Urban
Development Department(HUD) rules; and
WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and
HUD rules, the City Council held a public hearing on February 21, 2012, to consider funding
recommendations by the Human Relations Commission (HRC), to review applications for
federal grant funding, and to consider public comments on community needs and the use of such
funds; and
WHEREAS, The Council has considered applications for Community Development
Block Grant (CDBG) funds, public testimony, the Urban County's proposed One-Year Action
Plan and the HRC and staff recommendations included in the agenda report; and
WHEREAS, the Council has also considered previous years' CDBG funding allocations
and determined that amendments are necessary to re-allocate unused funds from completed
projects to other eligible uses.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. 2012 Community Development Block Grant Program Amendments. The
City's 2012 Community Development Block Grant Program is hereby approved, as shown in
Exhibit A. The City Manager is authorized to approve final dollar amounts once HUD releases
allocations with the direction to make up differences in the two amounts.
SECTION 2. Community Development Block Grant Program Amendments. The 2008,
2009 and 2010 CDBG Programs are hereby amended, as shown in Exhibit B.
SECTION 3. Board of Supervisors Consideration. The Council hereby forwards the
above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the
Board's final action on the Urban County's 2012 Consolidated Plan.
SECTION 4. City Manager Authority. The City Manager is authorized to act on behalf
of the City in executing grant agreements and other actions necessary to implement the approved
R 10331
Resolution No. 10331 (2012 Series)
Page 2
Consolidated Plan and CDBG Program, including minor revisions to funding amounts for the
2012 CDBG Program if the City's actual CDBG allocation is different than expected.
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 21 s` day of February, 2012.
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MayoMarx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FO
J. 'stine Dietrick
ity Attorney
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Exhibit "B"
CDBG Reallocations
From/To Applicant Project Funding
From City of SLO 2008 — Completed Curb Ramp ADA $7,979
Street Im rovement Project
From City of SLO 2009 —Completed Santa Rosa Park ADA $34,882
Improvement Project
From City of SLO 2010—Housing Element Implementation $20,040
From ROEM 2010—Property Acquisition for $150,000
Co oration Affordable Housing 2201 Emily Street
Total From $212,901
To City of SLO 2008, 2009 & 2010—Property S212,901
Acquisition for Affordable Housing (313
South)
Total To $2129901
RESOLUTION NO. 10332 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
THE FILING OF THE 2011-12 FEDERAL CAPITAL AND OPERATING ASSISTANCE
GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City
of San Luis Obispo and may require the City of San Luis Obispo provide the local share of
project costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo is an eligible recipient as defined by 49
U.S.C. 5307, 5336j, 5317, and 5340.
SECTION 2. The Public Works Director is authorized to execute and file an application
for federal assistance on behalf of the City of San Luis Obispo with the Federal Transit
Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States
Code and other federal statutes authorizing a project administered by the Federal Transit
Administration.
SECTION 3. The Public Works Director is authorized to execute and file with the
application the annual certifications, assurances, and other documents the Federal Transit
Administration requires before awarding a federal assistance grant.
SECTION 4. The Public Works Director is authorized to execute grant agreements with
the Federal Transit Administration on behalf of the City of San Luis Obispo in Exhibit A.
R 10332
Resolution No. 10332 (2012 Series)
Page 2
Upon motion of Vice Mayor Carpenter, seconded by Council Member Smith, and on the
following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21st day of Febru 21, 2012.
i
I
M or Jan Marx
ATTEST:
a
Elaina Cano
City Clerk
APPROVED AS TO FORM:
C 's me Dietrick
tlit5rAttomey
Exhibit A
FEDERAL TRANSIT ADMINISTRATION
GRANT APPLICATION
FOR
SLO UZA
PROGRAM OF PROJECTS
FOR FISCAL YEAR 2011-2012
The City of San Luis Obispo will be conducting a public hearing to receive comments on the
Draft Program of Projects on February 21, 2012 at 7:00 p.m. in Council Chambers, 990 Palm
Street, San Luis Obispo. The below Draft Program of Projects will become the final program
unless modified:
Federal Apportionments:
For 2011-12 $1,719,392
Carryover from previous year $0.00
Available to Program $1,719,392
Transit Federal Total
Project Operator Amount Amount
Operating Assistance 7/1/2011-6/30/2012 SLO City 1,124,563 2,856,454
Preventative Maintenance SLO City 150,000 187,500
Augment Bus Replacement(1) SLO City 44,029 44,029
Paratransit operations SLORTA 300,000 600,000
Runabout Vehicles SLORTA 100,800 130,910
Total Project Cost $398189893
Federal Share $177199392
City of San Luis Obispo 1,318,592
San Luis Obispo Regional Transit Authority 400,800
Local Share $2,0999501
City of San Luis Obispo 1,769,391
San Luis Obispo Regional Transit Authority 330,110
RESOLUTION NO. 10333 (2012 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR 2012
AND APPOINTMENT OF COUNCIL MEMBER AND STAFF PERSON TO ACT AS
LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
LEAGUE OF CALIFORNIA CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative
action platform which strengthens local government, promotes City goals and defends the City
against legislative actions by State and Federal governments that would weaken local government
and/or take away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to
effectively communicate with State Legislators and Federal representatives in order to favorably
influence State and Federal legislation,regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision
making processes directly affecting the City legislative priorities identified in Exhibit "A", the
League of California Cities federal priorities and strategic goals, the San Luis Obispo County Air
Pollution Control District's legislative program, the San Luis Obispo Council of Governments'
legislative program, and other selected issues as may from time to time be recommended by the
League of California Cities; and
WHEREAS, a key component of the City's Legislative Action Platform is face-to-face
meetings between City representatives and elected officials at the Federal, State, and County levels,
and coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
1. Establish the Legislative Action Platform for 2012 as set forth in the attached Exhibit
"A," and in the and authorize staff to take positions on legislation generally consistent with the
Legislative Action Platform, the League of California Cities federal priorities and strategic goals,
the San Luis Obispo County Air Pollution Control District's legislative program, the San Luis
Obispo Council of Governments' legislative program, and such other resolutions and
recommendations of the League of California Cities as may be from time to time presented to the
City; and
2. Appoint Mayor Jan Marx to act as Council Member legislative liaison and City
Manager Katie Lichtig and City Attorney J. Christine Dietrick to act as staff legislative liaisons with
the League of California Cities.
R 10333
Resolution No. 10333 (2012 Series)
Page 2
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Carpenter, and on
the following vote:
AYES: Council Members Ashbaugh, Carter and Smith,Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2151 day of February 2012.
Mayor,j an Marx
ATTEST:
jg:��
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO O
5J. C t e Dietrick
C' Attorney
T:\Council Agenda Reports\2012\2012-02-21\Legislative Platform(Dietrick)\2012 Resolution.docm
Exhibit A
CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM FOR 2012
Community Development
1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations
process to recognize local resource limitations.
2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings.
3. Promoting funding of on campus housing at Cal Poly for student and faculty housing.
4. Preserving local control of planning and zoning matters.
5. Supporting efforts to increase funding for affordable housing for very low, low and moderate
income families for all cities and communities and opposing the erosion of local inclusionary
housing and in-lieu fee programs.
6. Promoting additional state funding to implement SB 375 through local general plan updates that
implement the regional sustainable communities plan and alternative planning strategy, if
needed.
7. Promoting funding for the identification, acquisition, maintenance and restoration of historic
sites and structures.
8. Supporting continued or expanded funding for CDBG program.
9. Supporting reinstatement of protections from imposition of additional building or site conditions
prior to issuance of a building permit for seismic related improvements to buildings subject to a
mitigation program established according to state law(our URM Program)as previously
provided in Government Code Section 8875.10 (this section was repealed effective January 1,
2009).
10. Supporting continued local control over mobile home park rent stabilization and the conversion
of mobile home parks to other uses. Encourage the amendment of Section 66427.5 of the
California Government Code and other relevant law for the purpose of ensuring that mobile
home park residents are not involuntarily removed from homes or otherwise economically
impacted if parks are subdivided or converted.
11. Promoting a legislative"fix"to lending constraints that prevent implementation of AB 811
property-assessed clean energy districts.
12. Encouraging a legislative"fix"to inclusionary housing provisions and Costa-Hawkins Act.
1
Exhibit A
13. Encouraging consistency in state legislation dealing with transportation,housing and land use
issues and eliminating potential conflicts between regional housing requirements, smart growth
mandates and environmental legislation.
14. Enabling the issuance of parking citations on private property.
15. Advocating full funding of authorized programs under the McKinney-Vento Homeless
Assistance Act, including providing more flexibility in the use of Federal funds on the local
level to address housing for the homeless.
Economic Development
16. Promoting funding and/or legislation using tax credits or other incentive programs to encourage
research and development by businesses in California.
17. Supporting funding and policies for the promotion of California as a place to locate businesses.
18. Supporting funding for the state tourism promotion program.
19. Supporting the effective and efficient use of all communications technologies including voice,
video,data, and information services over wired and wireless transmission technologies.
20. Supporting telecommunications reform legislation and other measures that preserve local
control over public rights-of-way, protect local resources and guarantee access to, funding for,
and local flexibility in utilizing funds for public, educational and government(PEG) access
television.
Finance
21. Continuing to support efforts to protect the City from loss of revenues due to State take-aways
and unfunded State or Federal mandates.
22. Endorsing legislation that provides local government with a fair share tax on catalog and
Internet sales; and opposing legislation that limits state or local authority to tax catalog or
Internet sales.
23. Supporting the continuation of California Specialized Training Institute activities within San
Luis Obispo County.
Human Resources/Employee Relations/Human Relations
24. Supporting additional workers compensation reforms that lower employers' costs while still
protecting workers.
2
Exhibit A
25. Supporting pension and retiree health benefits reform efforts in concert with the League of
California Cities and the California Public Employees Retirement System(PERS)Board of
Directors.
26. Opposing the expansion of the"Peace Officers' Bill of Rights,""Firefighters' Bill of Rights,"or
other attempts to curtail management rights.
27. Supporting legislation that provides funding sources for appropriate human service agencies that
support the mission of the Human Relations Commission.
28. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit
Plan.
29. Supporting reforms that limit the financial impacts of joint and several liability on public
entities.
30. Supporting the clarification, modification or repeal of AB 646 fact finding requirements.
Public Safety
31. Continuing State and Federal funding support for disaster preparedness,earthquake
preparedness, Homeland Security, hazardous material response, State COPS program and other
local law enforcement activities..
32. Preserving the City's authority to investigate police misconduct.
33. Preserving the City's authority to establish both medical and non-medical emergency service
levels.
34. Supporting efforts to expand the scope of parental responsibility for crimes committed by
minors.
35. Preserving the authority of local control on issuance of concealed weapons permits.
36. Supporting legislation to help curb alcohol-related criminal behavior and underage drinking.
37. Opposing new or increased state fees for state provided law enforcement services.
38. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies,
free from interference, for all local public safety communication needs.
39. Supporting efforts to reduce retention periods for video monitoring tapes.
3
Exhibit A
Public Works
40. Supporting increased the availability of grant funding to replace aging infrastructure of all types,
e.g. streets,bridges, water, sewer and storm sewer systems, etc.
41. Supporting increased funding for projects that improve flood protection for the City.
42. Ensuring cooperation and prompt approval from Federal and State regulatory agencies (such as
the Department of Fish&Game, Regional Water Quality Control Board and the Army Corps of
Engineers) for necessary projects involving the City's creek system.
43. Exempting assessments for vital infrastructure from Prop. 218 requirements.
44. Supporting monetary incentives or grant funding for alternative fuel vehicles for replacement of
municipal fleet equipment.
45. Supporting monetary incentives or grant funding for retrofitting municipal buildings with
Energy Management Systems to centrally control all lighting and HVAC systems.
46. Supporting realistic municipal clean stormwater requirements at the State Board or legislative
level.
Parks and Recreation and Natural Resources
47. Supporting State and Federal funding and other measures to promote the acquisition, protection,
preservation and restoration of natural resources, open space, coastal resources, signature land
forms, wetlands and park development, including continued funding for the Land and Water
Conservation Grant Program and for the California Conservation Corps.
48. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo
County to protect this fragile habitat from offshore oil and gas development.
49. Opposing any development under existing or new offshore oil and gas leases off the coast of
San Luis Obispo County.
50. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium
contaminated waters from the San Joaquin valley).
51. Encouraging the Resources Agency and its departments to reinstate and expedite the distribution
of bond funds and other funds resulting from special legislation and voter-approved bond
measures, to take advantage of the many favorable opportunities for land and easement
acquisition and enhancement project contracting that exist at this time.
52. Seeking legislative exemption from property taxes on lands dedicated to open space purposes
which are outside the boundaries of the jurisdiction owning such lands.
4
Exhibit A
53. Protecting funding for vital regional and community services that negatively impact
Californian's access to parks, open space,after school programming, senior services, facilities
that promote physical activity, protect natural resources, and strengthen safety and security.
54. Promoting policies that recognize the benefits of parks and recreational facilities in the
advancement of"sustainable communities" and curbing greenhouse gas emissions, including:
strengthening policies that fund parks, open-space,bike lanes and non-motorized trails through
the development and implementation of a carbon credit and offset program, and advocating for
the strong integration of local and regional park and non-motorized transportation improvements
into"Smart Growth Scenarios"pursuant to SB 375.
55. Supporting access to joint use of schools; parks and open space; development of streets and
trails that encourage physical activity and healthy living.
Transportation
56. Supporting changes in gas tax laws that allow local tax for transportation purposes based on a
majority vote of the public.
57. Supporting the continuation of, and increased funding sources for street maintenance projects,
transportation improvements,transit operations and bicycle facility projects.
58. Supporting clean air transit funding for San Luis Obispo County, in particular funding that
provides for alternative modes of transportation with clean air benefits.
59. Supporting actions to: (1)promote cooperation and mutual support between metropolitan
planning organization(MPO)agencies and local transit providers, and(2)discourage trends
toward MPO agencies/regional "control"of local transit providers.
60. Encouraging private transportation companies (such as Union Pacific Railroad) to reach
agreements for sharing of properly secured right of way corridors for other compatible uses such
as bicycle and pedestrian facilities.
61. Opposing the proposed diversion of any funding source for transportation that reduces amounts
designated for transit operations.
Utilities
62. Supporting clean water funding programs.
63. Supporting recycling and waste diversion programs such as green waste composting and
enhancing local government's ability to comply with solid waste reduction requirements.
64. Supporting the elimination of mandatory penalties for violations of NPDES Requirements and
returning discretionary control to the Regional Water Quality Control Board Executive Officers
(i.e. repeal SB 709).
5
Exhibit A
65. Supporting measures to ensure reasonableness in the administration of NPDES permit
governing City operations, including pursuing a municipal representative on the Regional Water
Quality Control Board.
66. Promoting the safe,responsible, and cost-effective reuse of Exceptional Quality or better
biosolids.
67. Streamlining the state regulatory processes.
68. Supporting sustainable energy programs.
69. Supporting incentives for distributed energy generation projects such as solar power.
70. Supporting legislation allowing cities/agencies to establish fees for the costs of operating
mandated water quality programs such as,but not limited to,municipal storm water and total
maximum daily loading.
71. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency,to
the benefit of the City and federal funding of costs associated with ownership transfer.
72. Supporting the implementation of the California Urban Water Conservation Council's Best
Management Practices regarding urban water conservation and compliance with AB 1420.
73. Supporting amendments to the Urban Water Management Planning Act to recognize past
investment in water conservation and the City's ability to comply with SBx7-7.
74. Supporting legislation eliminating departing load charges which discourage the use of
alternative energy resources.
75. Allowing the use of Public Goods Funds for the development and installation of energy saving
or green energy generating projects to benefit local government.
76. Promoting the protection of water resources, including water quality, watershed protection, and
treatment discharge measures.
77. Supporting the protection of our natural resources from invasive species.
78. Promoting sustainability of our water resources through the use of recycled water, rainwater
harvesting, greywater use, and other best practices.
County/Regional Priorities
79. Working with the County to assure land use practices that are consistent with the Memorandum
of Agreement adopted by the City Council and County Board of Supervisors in 2005 regarding
development near the edges of the City.
6
Exhibit A
80. Supporting a vector control program benefit assessment for San Luis Obispo County.
81. Encouraging participation by County in providing nearby parking for County employees and
clients, and alternate transportation and parking demand reduction.
82. Supporting County development of a local ordinance providing additional local oversight and
regulation of the land application of Pollutant Concentration (PC)or better biosolids.
83. Working cooperatively with the County to solve City/County flood problems.
84. Supporting the San Luis Obispo County Air Pollution Control District's legislative program,
where consistent with the City's adopted policies and platform.
85. Supporting the San Luis Obispo Council of Governments' legislative program,where consistent
with the City's adopted policies and platform.
86. Supporting County efforts to enhance dangerous animal regulation and enforcement.
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revisions.docx
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RESOLUTION NO. 10334 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO TO INCREASE EDUCATION
AND ENFORCEMENT PROGRAMS FOCUSING ON REGULATING RETAIL
ALCOHOL OUTLETS WITH GRANT FUNDING PROVIDED THROUGH THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
WHEREAS, the San Luis Obispo Police Department through the City of San Luis
Obispo desires to undertake programs to increase education and enforcement to focus on
regulating retail alcohol outlets in the community; and
WHEREAS, grant funds are available through the Grant Assistance Program (GAP)
administered by the Department of Alcoholic Beverage Control (ABC).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Chief of Police or his designee is hereby authorized to submit grant
applications consistent with program requirements to pursue a GAP grant administered by ABC.
SECTION 2. The City Manager of the City of San Luis Obispo is authorized to execute
all grant related documents, including the State of California Standard Agreement contract, any
extensions or amendments thereof, and any subsequent contract with the State in relation thereto.
SECTION 3. The City agrees that any liability arising out of the performance of this
contract, including civil court actions for damages, shall be the responsibility of the grant
recipient and the authorizing agency and acknowledges that the State of California and ABC
disclaim responsibility for any such liability.
SECTION 4. Grant funds received hereunder shall not be used to supplant expenditures
controlled by this body.
SECTION 5. This award is not subject to local hiring freezes.
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
R 10334
Resolution No. 10334 (20 1 2Series)
Page 2
The foregoing resolution was adopted this 6"' day of March 2012.
lv-�
"I Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Pi
istine Dietrick
Attorney
C �
RESOLUTION NO. 10335(2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING
THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,LOCAL 3523
FOR THE PERIOD OF JANUARY 1,2012 THROUGH DECEMBER 31,2015
WHEREAS, representatives of the International Association of Firefighters, Local 3523
met multiple times with City representatives to identify sustainable reductions in total
compensation costs; achieving Council's labor relations objectives to reduce total compensation
costs and implement sustainable pension cost containment and reductions; and
WHEREAS, the International Association of Firefighters, Local 3523 employees
acknowledge the fiscal challenges facing the City of San Luis Obispo and are committed to
working with the City to help achieve long-term sustainable solutions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the International Association of Firefighters, Local 3523, attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Director of Finance and Information Technology shall adjust the
appropriate accounts to reflect the 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: Erik Baskin, International Association of
Firefighters, Local 3523, and Monica Irons, Director of Human Resources.
Upon motion of Mayor Marx, seconded by Council Member Carter, and on the following
vote:
AYES: Council Members Ashbaugh and Carter, and Mayor Marx
NOES: Vice Mayor Carpenter and Council Member Smith
ABSENT: None
R 10335
Resolution No. 10335 (2012-Series)
Page 2
The foregoing resolution was adopted this 6`i' day of March, 2012.
or an Marx '
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. C stine Dietrick
City Attorney
Exhibit A
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3523
JANUARY 1, 2012- DECEMBER 31, 2015
ill city Of
San WI S OBISPO
Article No. Title Pajxe No.
1 Parties to Agreement ......................................................................... 1
2 Recognition ....................................................................................... 2
3 Dues Deduction ................................................................................ 3
4 Employee Rights ............................................................................... 4
5 Management Rights .......................................................................... 5
6 Representative Role .......................................................................... 6
7 Communication Process ................................................................... 8
8 Promotional Opportunities ................................................................ 9
9 Utilization of City Facilities ............................................................. 10
10 Grievance Procedure ......................................................................... l i
11 Salary ................................................................................................ 13
12 Paramedic Incentive Pay.................................................................... 16
13 Station 1 Captain Incentive Pay......................................................... 17
14 Bilingual Pay..................................................................................... 18
15 Hazardous Materials Incentive Pay................................................... 19
16 Training Captain................................................................................ 20
17 Overtime ........................................................................................... 21
18 Emergency Call Back ....................................................................... 22
19 Work Out of Grade ........................................................................... 23
20 Standby ............................................................................................. 24
21 Educational Incentive ....................................................................... 25
22 Uniform Allowance .......................................................................... 27
23 Insurance ........................................................................................... 28
24 Vacation Leave ................................................................................. 30
25 Leave Of Absence ............................................................................. 33
26 Holidays ............................................................................................ 34
27 Bereavement Leave .......................................................................... 36
28 Sick Leave ........................................................................................ 37
29 Family Leave .................................................................................... 38
30 Workers'Compensation Leave ......................................................... 40
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Article No. Title Pa a No.
31 Modified Work Assignment ............................................................. 41
32 Safety ................................................................................................ 42
33 Retirement ......................................................................................... 43
34 Hours ................................................................................ ......... 45
35 Health/Fitness ................................................................................... 46
36 Salary Survey Cities ......................................................................... 47
37 Layoffs .............................................................................................. 48
38 Work Actions .................................................................................... 52
39 Firefighter Recruitment .................................................................... 53
40 Probationary Period .......................................................................... 54
41 Residency Requirement .................................................................... 55
42 Staffing ............................................................................................. 56
43 Seniority Bidding for Station Assignment ........................................ 57
44 Full Agreement ................................................................................. 61
45 Savings Clause .................................................................................. 62
46 Renegotiations .................................................................................. 63
47 Authorized Agents ............................................................................ 64
48 Tenn of Agreement........................................................................... 65
Appendix A Classification 66
Appendix "B"-Work Schedule Illustration ..................................... 67
Appendix "C" - Employee Responsibilities
&Benefits- Sick Leave ........................................ 68
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ARTICLE 1
PARTS TO AGREEMENT
AGREEMENT
This Agreement is made and entered into this March 6, 2012 by and between the City of San
Luis Obispo, hereinafter referred to as the City, and the International Association of Firefighters,
Local 3523,hereinafter referred to as Union or Local 3523.
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ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989 Series),
the City hereby recognizes the International Association of Firefighters, Local 3523, as the
bargaining representative for purposes of representing regular and probationary employees,
occupying the position classifications set forth in Appendix A, in the Fire Unit with respect to
their compensation, hours and other terms and conditions of employment for the duration of this
Agreement.
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ARTICLE 3
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a monthly
basis for the duration of this Agreement,which dues shall not include assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance &
Information Technology Director and a notification of all dues transactions shall be sent monthly
to the Union Treasurer.
The Union shall hold the City harmless from any and all claims, and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon presentation of
supporting evidence.
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ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer-employee relations including but not limited to, wages, hours and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against because of the exercise
of these rights.
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ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include,but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of Iack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology for
performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union by
Government Code Section 3500, et seq.
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ARTICLE 6
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select not
more than three employee members of such organization and one employee observer to meet and
confer with the Municipal Employee Relations Officer and other management officials (after
written certification of such selection is provided by an authorized official of the organization)
on subjects within the scope of representation during regular duty or work hours without Ioss of
compensation or other benefits. The employee organization shall, whenever practicable, submit
the name(s) of each employee representative to the Municipal Employee Relations Officer at
least two working days in advance of such meeting.
Provided further that no employee representative shall leave his or her duty or work station or
assignment without specific approval of the department head or other authorized City
management official. If employee representatives cannot be released for good reason,the date of
meeting will be rescheduled to a mutually acceptable day.
Union Time Bank
I. Union time bank hours are intended for use by eligible Local 3523 Executive Board
members to conduct official union business.
2. Union members will donate a total of 440 hours per year(inclusive of carryover time) of
vacation time,holiday time, and compensatory time off(CTO)to a union time bank.
3. The maximum number of hours donated by a union member to the time bank shall not
exceed 12 hours per year.
4. Any hours remaining in the time bank on June 306' of each year shall be carried over to
the next year. If no hours were used in the previous year and the maximum hours remain
in the time bank, no additional donations by members shall be authorized in the
upcoming year.
5. During the first full pay period in July each calendar year, Local 3523 President along
with the Executive Board and the Accounting Supervisor shall determine the number of
hours remaining in the Union time bank. That number shall be subtracted from the
maximum number of time bank hours of 440 hours. The difference between the actual
number of hours and the 440 hours maximum will be divided by the number of Local
3523 represented employees. Each 56 hour per week employee shall contribute an equal
number of leave hours and each 40 hour per week employee will donate 70% of the
amount donated by 56 hour per week employees to be debited by the City to maintain
440 hours in the time bank.
6. Donation of hours shall be non-revocable and not returned to the members.
7. Requests for time off that would use time from the bank must be authorized by the
Executive Board and is subject to final approval per department policies and procedures.
Approval for suppression personnel must be authorized in advance by a Battalion Chief
and approval for non-suppression personnel must be authorized in advance by the Fire
Marshal or designate.
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8. Vacancies created by approved requests that affect constant staffing, may be filled
through mandated overtime.
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ARTICLE 7
COMMUNICATION PROCESS
Pursuant to City Resolution 6287 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and aleasttwo (2) union representatives to discuss problems or other subjects
of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed,
actions to be taken, the party responsible for any action and the expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Manager (or designee), department
head (or designee), and management representative(s) designated by the City will meet
quarterly if there are issues of concern to the parties. No issues will be brought to this
quarterly meeting without first having been discussed with the department head at a
scheduled monthly meeting.
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ARTICLE S
PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing and
scoring processes that will be followed. Once defined, testing and scoring processes will not be
modified.
There will be no banding on promotional exams and, if a candidate is by-passed during the
selection process, that person will be given a written reason by the Fire Chief as to why s/he was
by-passed. The City agrees to an opener to discuss the promotional process if the Fire Chief
goes below the top three (3) candidates in making his selection on promotional exams two (2) or
more times during the term of this contract.
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ARTICLE 9
UTILIZATION OF CITY FACILITIES
1. Local 3523 shall be allowed to use Fire Department facilities for official Union activities.
The Union will notify the Chief or his/her representative of any upcoming meetings. The
Union will follow any sign-up procedures for room availability the Department has in
place. Scheduling of the facilities usage would be conducted so as not to conflict or
interfere with normal operation of departmental business. In lieu of any conflicts in
availability or a denial by the Chief, it will be presumed that the Union will have the OK
of the Chief to use the facility. Activities would include, but would not be limited to:
General Membership meetings, Board of Directors meetings, Negotiation Team
meetings, and various special committee meetings.
2. Facilities would include, but would not be limited to: conference room, training room,
and second floor common areas.
3. Local 3523 understands that e-mail sent over the City network is public record. With this
acknowledgement, the City gives the Union the right to use the computers and the e-mail
system. This right may be revoked at any time or for any reason. This revocation must
be done in writing and must be delivered in person to a San Luis Obispo Firefighters'
Board member.
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ARTICLE 10
GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the Employer-
Employee Resolution, the Personnel Rules and Regulations, any memorandum of
agreement with an employee association or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding
disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and.
circumstances of the action prompting the grievance. Employees may be accompanied '
by a representative at each step of the process. If a specific action to be grieved affects `
several employees,those employees may consolidate their grievance and be represented.
C. Each Grievance shall be handled in the following manner: i
1. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. If the matter
can be resolved at that level to the satisfaction of the employee, the grievance
shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in writing
to the department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations or agreement said to be violated,
and the proposed remedy.This action must take place within fifteen business days
of the occurrence of the grievance. The department head shall promptly consider
the grievance and render a decision in writing within fifteen business days of
receiving the written grievance. If the employee accepts the department head's
decision,the grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee may
immediately submit the grievance in writing to the human resources director within five
business days of receiving the department head's decision. The Human Resources
Director shall confer with the employee and the department head and any other interested
parties, and shall conduct such other investigations as may be advisable.
E. The results or findings of such conferences and investigations shall be submitted to the
City Manager in writing within fifteen business days of receiving the employee's written
request. The City Manager will meet with the employee if the employee so desires
before rendering a decision with respect to the complaint. The City Manager's decision
shall be in writing and given to the employee within fifteen business days of receiving the
Human Resources Director's results and findings. Such decision shall be final unless the
employee desires a review of the decision.
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F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer(for employees represented by SLOPOA or IAFF, Local 3523)
a. The employee will have five business days following receipt of the City
Manager's decision to submit a written request to the Human Resources
Director for review of the decision. The Human Resources Director will
obtain a list of five potential hearing officers from the State Mediation and
Conciliation Service. Then following a random determination of which
party (city or appellant) begins, parties shall alternately strike one name
from the list until only one remains.
b. Within 30 business days, the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing
officer shall render a decision which shall be final.
C. Any dispute regarding the eligibility of an issue for the grievance process
may be appealed through the process ultimately to the hearing officer who j
shall decide on the eligibility prior to ruling on the merits.
d. Any fees or expenses of the hearing officer shall be payable one-half by
the city and one-half by the Union. All other expenses shall be borne by
the party incurring the expense.
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ARTICLE 11
SALARY
Section A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in the
current Salary Resolution with the following modification: The Fire Chief shall be authorized to
reevaluate employees who reach the top step in their pay range. An employee who is not
performing up to standard for the top step shall be notified in writing that the department head
intends to reduce him/her one step unless his/her job performance improves significantly within
a 60-day period. Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The top step may be reinstated at
any time upon recommendation of the department head. If the Fire Chief deems it necessary to
again remove the top step during the same fiscal year, he/she may make the change at any time
with three business days written notice.
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps 2
through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step 1 equals
90% of step 2.
Step 5 = 95%of Step 6
Step 4 = 95%of Step 5
Step 3 = 95%of Step 4
Step 2 = 95%of Step 3
Step 1 = 90%of Step 2
Each salary range for all other positions in the unit consists of five steps (I through 5). Steps 1
through 4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4= 95%of Step 5
Step 3 =95%of Step 4
Step 2 =95%of Step 3
Step 1 =95%of Step 2
Each across-the-board percent salary increase shall raise the top step of the range by that percent.
The highest step of each successive salary range shall be 2.63% above the highest step of the
next lower range. After all highest steps of salary ranges have been established, each highest
step shall be rounded off to the nearest dollar and the remaining steps established in accordance
with the above formula. Employees who are eligible for advancement to the top two steps must
receive at least a "competent" rating on their most recent performance evaluation prior to or
coincident with their being eligible for advancement by time in grade. Competent is defined as
"Performance meets standards of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the timing
for progression being one-year for each step.
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Section B. Salary Provisions for Term of Agreement
The parties agree to no across the board salary increases (e.g. "cost of living" increases) for the
term of the Agreement and the pay schedule will be as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly BI-Weekly Bi-Weekly
612 firefighter 4,680 5,200 5,473 5,761 6,065 6,383
2,160 2,400 2,526 2,659 2,799 2,946
615 Fire Engineer 5,629 5,926 6,238 6,567 6,912
2,598 2,735 2,879 3,031 3,190
616 Fire vehicle 5,770 6,073 6,392 6,730 7,083
Mechanic 2,663 2,803 2,950 3,106 3,269
617 HazMat 6,784 7,141 7,516 7,913 8,329
Coordinator 3,131 3,296 3,469 3,652 3,844
621 Fire Captain 6,578 6,925 7,291 7,674 8,077
3,036 3,196 3,365 3,542 3,728
626 Fire Inspector 1 4,734 4,981 5,246 5,521 5,811
2,185 2,299 2,421 2,548 2,682
630 Fire Inspector II 5,248 5,525 5,815 6,121 6,444
2,422 2,550 2,684 2,825 2,974
633 Fire Inspector 111 5,672 5,971 6,286 6,615 6,964
2,618 2,756 2,901 3,053 3,214
Hazardous Materials 117.64 Bi-Weekly
Paramedic 765.96 Monthly
353.52 Bi-weeldy
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Section C. Rating
An employee who is not performing up to established job standards may be "Y" rated, freezing
his salary until such time as there is an improved job performance. The department head shall
give 60 days written notice to any employee he intends to "Y" rate, giving the employee an
opportunity to correct any deficiencies. A "Y" rating procedure shall not result (then or later) in
the employee being frozen below the next lower step of the new range.
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Section D. Payday
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject to
adjustment for cause beyond the City's control.
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ARTICLE 12
PARAMEDIC INCENTIVE PAY
Section A. Paramedic Incentive
The City shall pay a twelve percent(12%)pay incentive of the monthly top step Firefighter base
salary, prorated to a bi-weekly amount, to those firefighters or other approved fire personnel
assigned to EMT Paramedic duties by the Fire Chief.
Paramedics required to recertify shall be granted four(4) hours training time per month for six
(6) months prior to the recertification. Such hours shall be scheduled by the Department during
the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining the starting
salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of their
probationary period. After that point in their probationary period, they may be allowed to do so,
but only after a consultation with the Fire Chief or his/her designee, a Union Officer, and the
Paramedic Coordinator.
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ARTICLE 13
STATION I CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station I shall receive $57.69 bi-weekly pay incentive, to
compensate for the additional Station I workload. Mandatory assignments to Station I for
Captains shall not exceed two consecutive years.
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ARTICLE 14
BILINGUAL PAY
Employees certified as bilingual in Spanish through the testing process shall receive a bilingual
payment of$35 per pay period. Additional languages may be approved by the City based upon
demonstrated need.
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ARTICLE 15
HAZARDOUS MATERIALS INCENTIVE PAY
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Safety employees certified as Hazardous Materials Specialists or Technicians and assigned to the
Haz Mat Team by the Fire Chief shall receive incentive pay equal to four percent(4%) of the top
step Firefighter base salary. The Department will support a 6 person Haz Mat Team(2 per shift).
Hazardous Materials Technicians will be expected to certify as Hazardous Materials Specialists
within 12 months of joining the team in order to continue receiving the incentive pay.
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ARTICLE 16
TRAINING CAPTAIN
A. Selection
The Fire Chief has the ability to appoint a Training Captain from qualified individuals. If
more than one qualified individual expresses interest in the position, the Chief will convene
an internal interview board, which will include the President of the Local 3523 or designee,
to provide a recommendation. If no qualified individuals express interest in the position, the
Chief and the President of Local 3523 will meet and consult regarding the selection of a
Training Captain.
B. Term
Appointments will normally be no less than two years. At the end of two years voluntary
appointments made through the selection process may be ended in accordance with the
Department's normal bidding process. Involuntary appointments will not exceed three years.
C. Compensation
An employee assigned as a Training Captain will be paid the Captain's 40 hour rate plus 7%
of his/her base pay, including incentives in place at time of appointment. A Training Captain
working suppression will,however,be converted to the 56 hour rate.
D. Out of County Assienments
When utilized for an out-of County emergency response assignment, the Training Captain
will be compensated by the City on the basis of a forty-hour workxate unless the assignment
requires the Training Captain to be deployed as part of a special strike team for suppression
services, in which case the Training Captain will be compensated on the basis of a fifty-six
hour work rate.
E. Work Schedule
The work schedule of the Fire Training Captain will be based on the operational needs of the
department as determined by the Fire Chief. The Fire Training Captain may be eligible to
participate in an Compressed Work Schedules (Flex Time) per the City's Trip Reduction 1
Incentive Program.
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ARTICLE 17
OVERTIME
1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receive
overtime pay at time-and-one-half computed at their base salary for those hours worked
in excess of regularly scheduled shifts.
2. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are assigned
to work (one hundred ninety-two (192) hours in a twenty-four (24) day pay cycle.
Employees in these classifications who work more than one hundred eighty-two (182)
hours during a pay cycle, shall be paid time and one-half(1 1/2) for all hours worked in
excess of one hundred eighty-two (182) hours worked in the twenty-four day pay cycle.
Paid time off shall be counted as time worked when calculating this overtime pay.
3. All other personnel shall receive overtime pay at time-and-one-half computed at their
base salary for all hours worked in excess of forty(40) hours per week including holiday,
sick leave and vacation unless they elect to receive compensatory time off at time and
one-half.
4. All overtime shall be authorized in writing by the Fire Chief prior to being compensated.
5. All overtime shall be paid to the nearest quarter hour worked where no minimum is
authorized.
6. Overtime Call Back: Overtime call back shall be as follows:
First Option—Rank for rank including a minimum of four paramedics
Second Option—Certified Acting Personnel
Third Option—Mandatory staffing that ensures adequate paramedic and officer coverage
Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic. Compensation will
be paid as out of grade pursuant to Section 19.3.
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ARTICLE 18
EMERGENCY CALL BACK
1. Shift personnel who are unexpectedly called back to work after completing their shift and
having left the worksite shall be paid a 4-hour minimum guarantee at time and one half.
2. Non-shift personnel shall receive a minimum of 4 hours at time and one-half for
emergency call back or time and one-half for hours actually worked, whichever is larger.
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3. Employees who are called back as defined above shall receive the minimum provided by
this article or pay for the work performed, whichever is larger.
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ARTICLE 19
WORK OUT OF GRADE
Employees temporarily assigned to work in a higher classification will receive one step
additional pay but in no case more than the top step for the higher classification under the
following conditions:
1. The assignment exceeds eight (8) consecutive work days, or four (4) consecutive shifts
for all shift employees; in which case the step increase becomes effective on the ninth
(9`h)work day or in the fifth(5") shift.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive compensation
on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour,paid at ST
12-24 hours 2 hours,paid at ST
Each calendar quarter, employees may elect to receive payment for previously accrued
CTO at straight time.
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ARTICLE 20
STANDBY
A. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of two (2)
hours straight time pay for each assigned standby period.
B. Effective the first full pay period in January 2007 the Fire Vehicle Mechanic shall receive
thirty dollars ($30.00) for each week day and thirty-five dollars ($35.00) for each weekend
day and holiday for each mutually agreed-upon standby period.
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ARTICLE 21
EDUCATIONAL INCENTIVE
The City agrees to establish an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one year after employment with the City of
San Luis Obispo, but credit will be given for approved education obtained prior to that
time. Effective the first full pay period in January 2008 the basic benefit will consist of
$46.16 bi-weekly for possession of an A.A., or equivalent degree from an accredited
community or junior college; and$92.31 bi-weekly for a B.A. or equivalent degree from
an accredited four year college or university. Total incentive pay shall in no case exceed
$92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30 semester
units leading toward the appropriate degree with a grade of "C" or better must be
included.
C. Application and Approval.
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Application for the incentive pay shall be made by the employee to the department head
at least 30 days before the date the payment of the incentive pay is to be effective.
Approval of the department head and the human resources Director shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established standards set for the job, the department head with the concurrence of the
City Manager, may suspend payment of the incentive pay until such time as the
employee's work performance comes up to the standard level, in the opinion of the
department head and concurred in by the City Manager.
E. Non-?.pplicability.
It is the City's intention not to pay the educational incentive for any degree which is
required for the position held by the employee. Educational incentives shall not be paid
for education received on City time. The education incentive shall be removed if the
employee is promoted to a position which does not entitle employee to such incentive.
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F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City's Tuition Reimbursement Program at the current reimbursement rate.
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ARTICLE 22
UNIFORM ALLOWANCE
A. All members shall be required to wear an approved uniform to promote the department's
public image, except for the positions designated by the Fire Chief as only requiring
occasional usage. Such positions shall receive one-half of the regular allowance. Each
employee shall receive an annual allowance of$800 paid semi-annually to be spent on the
s. Said allowance shall be aid
purchase and maintenance
of department-approved uniform p
directly to each eligible employee on the first full pay period of July and of January. The
Fire Chief or his/her designated representative shall conduct an inspection at least once a
year to ensure that each employee has the minimum number of uniforms and that all
uniforms meet department standards regarding safety and appearance. Employees whose
uniforms do not meet standards may be subject to disciplinary action.
B. A uniform allowance cash advance of one (1) year will be given to new employees for
purchase of their uniforms. If the employee severs employment with the City or is
terminated within one(1)year, the cash advance shall be deducted from the employee's last
paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The Fire
Chief shall establish and maintain a set of standards for the maintenance, care and wearing
of employee uniforms. Such standards shall be on file in the Fire Chiefs office, in each
fire station, and in the Human Resources Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes, including
appropriate athletic footwear. Appropriate health/fitness clothing will be determined
through agreement between the Union and the Department.
E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for repairing or
replacing Department approved uniforms which are damaged within the course of
employment. No reimbursement shall be made if the damage was due to negligence
on the part of the employee. At the time of damage, the employee will submit a
report documenting where and how the uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged items.
Replacement amounts shall be prorated. The Department will establish
administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in required
uniform items during the term of this agreement.
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ARTICLE 23
INSURANCE
A. Contnbution
The City shall contribute$424.50 bi-monthly 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 contribution. Effective in December 2015 (for the
January 2016 premium), the City's total Cafeteria Plan contribution shall be modified by
an amount equal to one half of the average percentage changes for family coverage in the
PERS health plans available in San Luis Obispo County. For example: if three plans are
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).
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program with the "unequal
contribution option" at the Minimum Employer Contribution rate, currently $112.00 per
month for active employees and $106.40 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 timeasthe contributions for employees and retirees
are equal. The City's contribution will come out of that amount the City currently
contributes to employees as part of the Cafeteria Plan provided to employees in their
various MOA's. The cost of the City's participation in PERS will not require the City to
expend additional funds toward health insurance beyond what is already provided for in
the various bargaining agreements. In summary,this cost and any increases will be bome
by the employees.
C. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to participate in
the PERS Health Benefit Program and may receive the unused portion of the City's
contribution(after dental and vision insurance is deducted) in cash in accordance with the
City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be
placed in the Retiree Health Insurance Account. This account will be used to fund the
City's contribution toward retiree premiums and the City's costs for the Public
Employees' Contingency Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this purpose nor any guarantee
that they will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
D. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at the
employee only rate. Should they elect to cover dependents in the City's dental and vision
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plans, they may do so, even if they do not have dependent coverage under PERS.
E. Long-Term Disability Insurance
Safety employees are covered for Long Term Disability Insurance through the Union's
plan. All non-safety employees in this bargaining unit shall be covered under the City's
Long Term Disability Insurance Program. Non-safety employees shall pay the LTD
premiums by payroll deduction on a pre-tax basis through the City's cafeteria plan.
F. Representation on a Medical Plan Review Committee '
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The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical plans, a
including those offered by PERS.
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ARTICLE 24
VACATION LEAVE
1. Each incumbent of a 40-hour a week line-item position shall accrue vacation leave with
pay at the rate of 12 days per year of continuous service since the benefit date for the first
five years; 15 days per year upon completion of five years; 18 days per year upon
completion of ten years; and 20 days per year upon completion of twenty years.
Employees scheduled for more than 40 hours per week shall receive the equivalent
number of vacation days prorated to the number of regularly scheduled work hours
(respectively, 134.4 hours per year for the first five years; 168 hours per year upon
completion of five years, 201.6 hours per year upon completion of ten years and 224.6
hours per year upon completion of twenty years).
2. An incumbent is not eligible to use accrued vacation leave until after the completion of j
the sixth calendar month of service since the benefit date.
3. An employee who leaves the City service shall receive payment for any unused vacation
leave.
4. Department Heads shall be responsible for arranging a vacation schedule, first with the
needs of the City as the determining factor and, second, insofar as possible, with the
wishes of the employee.
5. There will be no accrual of vacation leave to non-shift employees in excess of two times
(2x) their annual accrual. Maximum accrual of vacation leave for shift employees is
twice the annual rate except as noted in Section 6, Paragraph E.
6. VACATION USE:
A. Vacation shall be selected by seniority based on shift assignment for shift
employees and by seniority for non-shift employees. The employee with the most
seniority shall select first,with the following choices made in descending order of
seniority.
B. First choice vacation shall be made during November/December each year. The
first choice shall be a minimum of four(4) shifts off within one(1) cycle.
C. Should an employee be in danger of losing vacation accrual due to reaching the
twice annual vacation cap, for reasons other than those found in Section 6 (G) and
(H), the Fire Chief will review the circumstances which have prevented the
employee from taking vacation and will determine whether or not the employee
should be allowed to accrue beyond the cap or should be authorized to exercise
his/her one-time annual opportunity for vacation payout under Section 6 (K) of
this article.;
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Particular consideration will be given to those circumstances where vacation use
is denied because use would generate the need for mandatory overtime.
D. Employees have the right to have two (2) employees off on vacation per shift;
except on the Christmas, New Years and Thanksgiving holidays only one
employee shall have the right to be off on vacation. Additional vacation slots
may be made available if personnel are available to fill the shift without causing
mandatory overtime.
E. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual(G.O. 204.01).
F. Time off by Battalion Chiefs is not included in the determination of the number of
employees on vacation per D above.
G. If an employee's first choice vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above twice the annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed j
vacation.
H. If an employee must cancel vacation for good reason, as defined by management,
the vacation above twice the annual rate shall be paid as accrued.
I. Employees may cancel scheduled vacation for any reason with a minimum of 15
days advance written notice to the Fire Chief or his/her designated representative.
Maximum vacation accruals will not be waived for vacation canceled pursuant to
this section.
J. Any cancelled scheduled vacations will continue to be available for reselection by
other employees.
Departmental General Operations 204.07 shall be modified as follows: {
If approval is granted for vacation cancellation by the Fire Chief, the Battalion
Chief on the shift affected will direct the appropriate Captain to make notification
of the dates available to the platoon. Selection of available dates will be handled
as a second choice vacation pick, selection may consist of any or all days
remaining available. All selections made from the cancelled days will be
recognized as scheduled vacation. Filling the cancelled days will start with the
next person below on the seniority list (person below the person who is
canceling). Filling the cancelled days will continue until all the days have been
filled or all the personnel on that shift have been able to review and select the
remaining available vacation shifts.
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K. All employees in this unit are eligible, once annually in December, to request
payment for up to 150 hours of unused vacation leave provided that an
employee's attendance practices are satisfactory.
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ARTICLE 25
LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head. When
possible, such leave requests shall be in writing and approved in advance. All other leave of
absence requests shall be handled in accordance with Section 2.36.460 of the Personnel Rules
and Regulations.
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ARTICLE 26
HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 -New Year's Day j
Third Monday in January-Martin Luther King Day
Third Monday in February-President's Day
Last Monday in May-Memorial Day
July 4- Independence Day
First Monday in September- Labor Day
November 11 -Veteran's Day
Fourth Thursday in November-Thanksgiving Day
Friday after Thanksgiving
December 25 -Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating(8 hour) Holidays(non-shift employees only)
When a holiday falls on a Saturday,the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24-hour shift duty shall earn 6.07 hours of holiday leave semi-
monthly,in lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of their
earned holiday leave(2.6 hours) each bi-weekly payroll period.
The remainder of the employee's annual holiday leave(78 hours)shall be advanced to the
employee effective the first payroll period in January of each year. Such holiday leave
may be taken off by the employee as provided in the current departmental Operations
Manual(G.O. 204.03).
Each calendar quarter, an employee-has the option of receiving payment for one-fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 78 hours. Any holiday leave
remaining as of the last payroll period in December of each year 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.
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C. Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-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. i
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ARTICLE 27
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the employee's
immediate family, meaning spouse/domestic partner, child, brother, sister, parent, parent-in-law,
step-parent, step-brother, step-sister, grandparent, or any other relative living in the same
household, provided such leave as defined in this section shall not exceed five (5) working days
or the shift equivalent (56 hrs.) from each incident. The employee may be required to submit
proof of relative's death before being granted sick leave pay. False information given concerning
the death of relationship shall be cause for discharge.
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ARTICLE 28
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached).
Upon termination of employment by death or retirement, a percentage of the dollar value of the
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or
beneficiaries, according to the following schedule:
(1) Death.- 50% Such payment shall be made within seventy-two hours of notice to the City
of an employee's death. j
(2) Retirement and actual commencement of PERS benefits:
(a) After ten years of continuous employment-.10%
(b) After twenty years of continuous employment-15%
(3) Job-related disability retirement and actual commencement of PERS benefits - 75% with
a maximum of 1000 hours payoff(75%of 1333.3 accrued hours.)
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ARTICLE 29
FAMILY LEAVE
1. An employee may take up to two (2) days, (16 hours) or 24 hours for shift employees, of
sick leave per year if required to be away from the job to personally care for a member of
his/her immediate family.
2. An employee may take up to five days (forty hours) or the shift equivalent for shift
employees (56 hours) of sick leave per year if the family member is a part of the
employee's household.
3. An employee may take up to seven (7) days (56 hours) of sick leave per year or the shift
equivalent (78.4 hours) if the family member is part of the employee's household and is
hospitalized. The employee shall submit written verification of such hospitalization.
4. The amounts shown in 1, 2, and 3 above are annual maximums, not maximums per
qualifying family member. A member of the employee's immediate family shall mean
spouse or registered domestic partner, child, brother, sister, parent, parent-in-law, step-
parent, step-brother, step-sister, grandparent, or any other relative living in the same
household.
5. If the family member is a child, parent, spouse or registered 'domestic partner, an
employee may use up to 48 hours (67.2 hours for shift employees) annually to attend to
the illness of the child, parent, spouse or registered domestic partner, instead of the
annual maximums in paragraphs 1. and 2. above, in accordance with Labor Code Section
233.
6. In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1280 hours in the last year may be eligible for up to 12 weeks
of Family/Medical Leave within any 12 month period. Family/Medical leave can be used
for:
a. A new child through birth adoption or foster care (maternal or paternal leave).
b. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
d. A serious health condition which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family/Medical Leave.
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Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive cash
back under the City's Flexible Benefit Plan will not receive that cash during the
Family/Medical Leave. Only City group health insurance premiums will be paid by the
City.
If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
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
Leave are available through the City's "Guide to FamiIy/Medical Leave Program".
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ARTICLE 30
WORKERS'COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with state
workers' compensation law and is not eligible for disability payments under Labor Code Section
4850, shall be paid the difference between his base salary and the amount provided by workers'
compensation law during the first 90 business days of such disability absence.
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ARTICLE 31
MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the individual
to sit at a desk, type, drive a vehicle, and engage in minimal walking. The employee may receive
work assignments in one or more of the Department's program areas: Administration,Training,
Hazard Prevention, Technical Services, Disaster Preparedness, Emergency Response, or
Communications. The schedule is typically'40 hours a week with the employee working under
the supervision of the Fire Chief or a Battalion Chief. There are two methods for placing a
person on modified duty:
1) At the employee's request during a recovery period (minimum of two weeks) due to an
off-duty injury or illness.
2) At the request of the City because of a Worker's Compensation injury. Each is
dependent upon the availability of an appropriate work assignment.
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on a 40-
hour modified duty administrative work assignment. The Fire Chief, or designee, would review
the temporary modified work restrictions provided by the employee's doctor. The Department
typically has a variety of tasks that a person might be assigned to work on. In accordance with
past practice, as long as a legitimate modified work assignment is available (minimum of two
weeks),the Fire Chief will accommodate this request.
Worker's Compensation Injury - An employee is on Worker's Compensation injury leave is
provided temporary modified work restrictions and the Fire Chief knows of a possible modified
work assignment. The Fire Chief, or designee, would notify the employee of the modified work
assignment available. Employees on Worker's compensation certified by a doctor for a
modified work assignment may lose benefits if they refuse available modified work assignment
based on Worker's compensation law.
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Once an employee is released to light-duty, a Personnel Action Form is initiated and all leave
balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40-hour work week. It j
should be noted that any leave taken during this light-duty period is taken at the 40-hour work
week accrual rate and no FLSA is given.
The employee would transfer to a modified work assignment as soon as the employee has
completed his/her FLSA period(the FLSA period runs concurrent with the A shift's schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will be
reviewed with the employee prior to setting up the work schedule. Once the employee has
received a doctor's release to return back to full-duty and it has been approved by the Fire Chief,
the employee will return to their appropriate shift on their next scheduled work day, assuming
this return schedule does not trigger overtime in excess of regular FLSA overtime. If excess
overtime would be triggered, the employee will return to work on the earliest date that will not
trigger excess overtime.
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ARTICLE 32
SAFETY
The Union and the City agree to address Departmental and citywide safety concerns through the
City's Safety Committee and the Communication Process outlined in Article 7.
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ARTICLE 33
RETIREMENT
A. The City agrees to provide the Public Employees'Retirement System's 3% at age 50 plan
to all sworn personnel and the 2.7% at age 55 plan to all non-sworn personnel for
employees hired before July 1, 2012. The 3% at age 50 plan includes the following
amendments: Post Retirement Survivor Allowance, conversion of unused sick leave to
additional retirement credit, the 1959 Survivor's Benefit, one-year final compensation,
Military Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The
2.7% at 55 plan has the following amendments: 1959 survivor's Benefit, conversion of
unused sick leave to additional retirement credit, one year final compensation, and Pre-
Retirement Optional Settlement 2 Death Benefit.
(1) The City agrees to contribute up to 9% of safety members' obligation to
contribute to PERS, until the first full payroll period in July 2012 when the City j
will pay 1.5% of the members' obligation to contribute to PERS. Effective the
first full pay period in July 2013, the City will discontinue paying the safety
members' obligation to PERS. Safety members will pay the full Member
contribution to PERS effective the first full pay period in July 2013.
(2) City agrees to contribute up to 8% of non-safety members' obligation to j
contribute to PERS, until the first full payroll period in July 2012 when the City
will pay 0.5% of the members' obligation to contribute to PERS. Effective the
first full pay period in July 2013, the City will discontinue paying the non-safety
members' obligation to PERS. Non-safety members will pay the full Member
contribution to PERS effective the first full pay period in July 2013.
(3) The City agrees to report as salary all Employer-Paid Member Contributions for
full-time employees to PERS for the purposes of retirement credit in accordance
with Gov. Code Section 20636 (c).(4). until the first full pay period in July 2013.
(4) The amount paid by the City is an employee contribution and is paid by the City
to partially satisfy the employee's obligation to contribute to PERS. An employee
has no option to receive the contributed amounts directly instead of having them
paid by the City to PERS on behalf of the employee. The Union understands and
agrees that employees bear the risk of payment of any increases in the employee
contributions above the amount provided in this Agreement which may result by
action of PERS or the state legislature. Parties further agree that City payment of
PERS contributions is made based upon tax treatment currently permitted by the
State Franchise Tax Board and the IRS. Should current tax treatment change, the
Union and the employees hold harmless the City, its officers and agents from any
and all claims or costs of any type, including but not limited to, liability for back
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taxes, arising out of this Agreement to pay part of the employee's PERS
contribution. Should current tax treatment change, the Union shall have the
opportunity to meet and confer regarding any such changes.
B. For City employees hired on or after July 1, 2012, the City will provide the PERS Safety
3% @ 55 retirement plan for safety members using the average of the three highest years
as final compensation. This second tier formula will include the following amendments:
Post Retirement Survivor Allowance, conversion of unused sick leave to additional
retirement credit, the 1959 Survivor's Benefit, one-year final compensation, Military
Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. Non-safety
members will be subject to the same second tier PERS formula implemented with the
San Luis Obispo City Employees Association (SLOCEA). New Employees hired under
either second tier formula will pay the full member contribution required under the plan,
presently nine (9%) for the Safety plan and seven percent (7%) for the Miscellaneous j
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ARTICLE 34
HOURS
A. Employees assigned to a 24-hour shift schedule, shall work a shift schedule which, over a
period of one year, shall average approximately fifty-six (56)hours per week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than 15 days notice prior to changing a shift
assignment for non-emergency reasons.
A work shift is defined as a work period of twenty-four(24) hours, commencing at 0800 j
hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8
a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work day will
be divided as follows:
0800 1200 Captain's Priority
1200- 1300 Lunch
1300- 1700 Chief's Priority/Captain's Priority
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The intent of Captain's Priority is to create a productive schedule providing latitude for
necessary classes, rewards and individual's priorities. Included in Captain's Priority is
vehicle and station maintenance, fitness training and Captain's projects 8-12 daily.
Holidays and weekends are also Captain's Priority times.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more than 72
consecutive hours must contact the Battalion Chief for confirmation that reasonable rest
has been achieved.
C. Vacation Exchange— The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange vacation leave with other department employees
of equal rank or qualifications for the position.
D. Early Relief- The Fire Chief or his/her representative may authorize employees covered
by this Agreement to relieve another department employee of equal rank or qualifications
for the position prior to the end of the scheduled shift.
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ARTICLE
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HEALTHIFITNESS
The City, the Department and the Union are desirous of implementing measures to promote the
well being of employees and reduce the incidents of preventable accidents, illnesses, and
disabilities, and have, and shall continue to, work cooperatively to encourage and develop an
appropriate program to enhance physical fitness and health and to establish required physical
standards to be met by all employees. The parties have agreed to implement the physical fitness
program outlined in the"Health and Fitness Maintenance Program".
The Union recognizes that it is the policy of the City to hire non-smokers in the Fire Department
The Union further recognizes there is a fire department policy concerning smoking in f
departmental facilities and vehicles. The parties agree that smoking poses health risks to non-
smokers as well as smokers.
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ARTICLE 36
SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
Chico
Davis
Monterey
Napa
Petaluma
Pleasanton
Salinas 1
Santa Cruz
Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party may
propose changes to the above list of cities. A revised, mutually agreed upon list, may be used
during the negotiations to produce a successor Agreement. In the absence of an agreement for
change,the issue shall be referred to the meet and confer process.
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ARTICLE 37
LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible for the
implementation of a layoff order of the City Council in accordance with the procedures outlined
below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be as
follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
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2. Probationary employees (promotional probation excluded), in the order to be
determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by seniority
and job performance. Seniority is established by time in service within the Union.
That is,the last employee hired into the bargaining unit shall be the first employee
laid-off. Job performance categories shall be defined as follows.
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Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets performance
standards, exceeds performance standards and expectations,or is outstanding.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the top two
to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least seniority
in the Union and who is in the lowest job performance category. Employees in
Category 1 with the lowest seniority will be laid off first, followed by employees
in Category 2. Should the two performance evaluations contain overall ratings
that are in the two different categories as defined above, the third most recent
evaluation overall raring shall be used to determine which performance category
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the City shall use in determining order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval of
the department heads, if there is a vacancy and the employee meets the minimum
job requirements.
B. Laid-Off Employees on Re-employment List
1. The names of employees who have been Iaid-off shall be placed on the
appropriate Re-employment List. The recall of employees will be in reverse order
of layoff, depending upon City requirements.
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2. Names of employees laid-off shall be placed on a re-employment list for a period
of two years. They will be offered re-employment only once before being
removed from the list for the job they held before being laid-off. Re-employment
lists shall be used for filling those classes requiring substantially the same
minimum qualifications, duties and responsibilities of the class from which the
layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and the
human resources Director and in agreement with the employee, appoint an
employee who is to be laid-off to a vacancy in a vacant class for which he or she
is qualified. He/she will still remain on the re-employment list for the job from
which he/she was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may bump
back in their career series to a position they formerly held, if there is an employee
in the lower classification with less seniority than the employee who wants to
bump back. Seniority for the purpose of this section shall mean time in service,
as a regular employee,within the Union. For example, an employee attempting to
bump back to Engineer from Captain would utilize his/her combined time within
the Union, firefighter, engineer or captain, in determining whether or not he/she
had more seniority than an individual in the Engineer classification. The intent is
to have the last person hired into the Union be the first person to be laid-off.
2. Reassignment rights may be exercised only once in connection with any one
layoff, and shall be exercised within 20 calendar days from the date of the notice
of the layoff,by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of another
employee with lesser total seniority or by the acceptance of a vacant position in
the class with the same or lower salary.
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4. Employees who are reassigned (bump back) are to be placed on an open re-
employment list for the position they have vacated.
5. Employees on layoff shall be offered re-employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially change
the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant to F,
below.
F. Notice of layoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action at '
least thirty(30) calendar days in advance of the effective date of the layoff. The
notice shall include the following information.
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a. Reason for layoff.
b. Effective date of layoff.
C. Employee rights as provided in these rules.
G. Removal of Names From Re-employment Lists
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1. The human resources Director may remove an employee's name from a re-
employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list;or
b. The individual cannot be reached after reasonable efforts have been made
to do so. The City shall utilize certified mail when contacting individuals;
or
C. The individual refuses one re-employment offer at his/her previous job.
Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty(30)days to return to work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affected by these procedures
shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre-
scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for his/her unused
so
accrued vacation leave and holiday leave on the effective date of the
layoff.
C. When an individual is reemployed he/she shall be entitled to:
(1) Retain his/her seniority date.
(2) Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
(3) Have any unused sick leave reinstated.
(4) The same retirement package prior to layoff, assuming that the
employee has not withdrawn his/her PERS funds. If an employee
has withdrawn funds, he/she will be reinstated to the retirement
package which is currently in effect for all newly hired employees
unless the employee notifies PERS within 90 days that he/she
wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she was laid off shall be
assigned to the same salary range and step he/she held at the time of the layoff.
An individual reemployed into a job classification other than the classification
from which he/she was laid off shall be assigned to the salary range of the new
classification at the amount closest to the salary he/she earned at the time of the
layoff.
3. When an individual has been reemployed after a layoff by bumping back to a
lower job classification prior to being laid-off, he/she will be placed on a re-
employment list for the higher job classification held prior to bumping back.
4. A probationary employee who is reemployed shall be responsible for completing
his/her probationary time commitment. Similarly, an individual who is
reemployed shall complete, upon return to the job, the same work time he/she
would have had to work at the time of the layoff to attain a higher vacation leave
accrual rate or to become eligible for a salary step increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
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ARTICLE 38
WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose an i
imminent threat to public health or safety and is unlawful, furthermore, it shall terminate the
employment relation. Provided however that nothing herein shall be so construed as to affect the
right of any employee to abandon or to resign his employment.
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(a) Employee organizations shall not hinder, delay, interfere with, nor coerce employees of
the City to hinder, delay, or interfere with, the peaceful performance of City services by
strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, or
unlawful picketing.
(b) In the event that there occurs any strike, concerted work stoppage, or any other form of {
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions, {
may, by action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the employee organization or organizations participating in such
actions.
(c) Employee members of any employee organization shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing to perform such duties in the customary manner and at a reasonable level of
efficiency.
Any decision made under the provisions of this Section may be appealed to the City Council by
filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement
setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed
within ten(10)working days after the affected employee organization first received notice of the
decision upon which the complaint is based, or it will be considered closed and not subject to any
other appeal.
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ARTICLE 39 '
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FIREFIGHTER RECRUITMENT
1. The Chief, in consultation with the President of the Local 3523, will determine
the type of Firefighter recruitment to be conducted (e.g. entry level, lateral,
paramedic, etc.) based on the operational needs of the department. A current
eligibility list will be maintained and firefighters will go through the approved
department academy, as set forth in General Operations 501.03.
2. Firefighter Apprentices will be allowed to apply for entry-level firefighter
positions outside the limitation on the number of applications to be accepted. For
a given recruitment, if the number of applications received by the City for entry-
level firefighter positions is to be limited,the limit will not be less than 100.
3. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment standards
remain the same.
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ARTICLE 40
PROBATIONARY PERIOD
All appointments to classifications listed in Appendix`.`A", including promotional appointments,
shall be subject to a probationary period of one year. The probationary period may be extended
if further employee evaluation is deemed necessary for up to six months upon the written
recommendation of the Fire Chief and the written approval of the Human Resources Director.
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ARTICLE 41
RESIDENCY REQUIItEMENT
A. Departmental General Operations 206.04 shall be modified as follows:
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All personnel must live within ninety (90) miles travel distance from the City limits to
their permanent residence.
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ARTICLE 42
STAFFING
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A. The current number of authorized positions in the Fire Department represented by the
Local 3523 is 12 Fire Captains, 1 Fire Training Captain, 15 Fire Engineers, 12 '
Firefighters, 1 Fire Vehicle Mechanic, 1.8 Fire Inspectors, I Hazardous Materials
Coordinator, and 24 Paramedics within the ranks of Captain, Firefighter, and Engineer.
One Paramedic Captain(included as one of the 24 Paramedics) will be assigned per shift.
If it becomes necessary for the City to exercise its management right to change those
staffing levels, the City acknowledges its responsibility to meet and confer with the
Union on the impacts of any such changes. i
B. Constant Staffing: An ongoing Constant Staffing Program will commence on May 1,
2005. "Constant Staffing"provides for a mandated fourteen(14)Firefighters on-duty
every day including the Battalion Chief. Mandated overtime will be used to maintain the
fourteen(14)per day minimum.
C. There will be no reserve program implemented during the term of this agreement.
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D. The present status of the Apprentice Program does not impact on the bargaining unit
integrity. The City recognizes its obligations to meet and confer on any future impacts of
the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief may temporarily act as Battalion
Chief in situations that would otherwise require mandatory overtime.
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ARTICLE 43
SENIORITY BIDDING FOR STATION ASSIGNMENT
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A. Intent:
Utilize years of service as an empowerment tool for the employee. Thus
enhancing their productivity and morale, through their ability to choose station
assignment, program assignment and working partners. Station assignment
longevity has been proven to deliver higher service levels to the public by j
enhancing knowledge of first in districts, institutional knowledge of facilities
and target hazards, and improved skills delivery by crew cohesion resulting
through consistent training and emergency response experiences.
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B. Effective Date:
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An open bid process as defined below will become effective January 1, 2011.
Each member will remain in their selected bid until they choose to utilize their
bid for a vacant position, agree to a mutual, or are distributed based on
department need as described below.
C. Bid Procedure
In the event of a new vacancy(due to retirement, promotion, etc.) in any rank,
upon determination by the Chief to fill the vacancy, the bid spot shall be
declared vacant and available for bid from members of the same rank.
o Bid selection will be based on department seniority using the
department's master seniority list.
• Each member will only be allowed to accept one bid per year (once
every twelve months). Newly promoted employees will be offered a
bid, once the bid is complete based on department seniority,regardless
of the timing of their prior bid in the previous rank.
• After a bid has been closed, any remaining vacancies shall not be filled
for 30 days.
o Bid assignments will begin the first day of the first full F.L.S.A. period
following selection with the intent to eliminate or minimize overtime
due to personnel movement.
D. Process:
1. The President and Vice President of Local 3523 will have the opportunity
for the first and second bid selection during each term as president or vice
president. Once that bid has been used, future bids during the remaining term
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will be based on department seniority.
2. The President of Local 3523 shall have the first selection
3. The Vice President of Local 3523 shall have the second selection.
4. The remainder of the bid selection will follow department seniority
with the most senior member selecting first. The order of selection
shall be by rank in the following order: Captains, Engineers, and then
Firefighters
Probationary firefighters will not be included in the station selection process
until they have completed their probationary period. Upon completion of
firefighter probation if their current assignment is vacant, that vacancy will go
out to bid selection for the entire department.
E. Mutual Bid
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Upon request from two members of equal rank and specialty skill designation
for a mutual exchange of their bid assignments, the Battalion Chief, Company
Officers, and a union representative of the members making the request shall
meet and evaluate the request for approval or denial. If the request for the
mutual is accepted those employees involved will have used their one bid for
the year. If the request for mutual exchange is denied, the applicants can
utilize the IRC for review of that decision.
To ensure equity throughout the entire bid process,mutual transfers are
subject to the following additional requirements:
1. The bid transfer must be effective for a minimum of 12 months.
2. If within that 12 month period either party involved separates or promotes,
the remaining party must comply with the following:
a. The original station occupied by the person vacating will be put up
for bid, and the remaining parties can bid for that position. If the
mutual member is unsuccessful in obtaining that bid, then that
member returns to his/her previous assignment, and recovers bid
rights after the remainder of the 12 month period.
F. Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Engineer
or Firefighter. Captains may fill into the paramedic pool if there are not
enough Paramedics within the Firefighter/Engineer rank. Each shift will have
one of the three Paramedic Coordinators. Paramedic Coordinators will be a
minimum 2 year commitment and only vacated voluntarily or as determined
by the Fire Chief. The Captain taking the position of Paramedic Coordinator
cannot be the primary paramedic on their selected crew. Each shift will have
paramedics evenly distributed depending on the size of the paramedic pool
(example: pool of 24, 8 medics per shift).
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Hazardous Materials Team Members will be evenly distributed to ensure at
least one Hazardous Materials Team Member is assigned to each shift.
All corrections to completed bids will take place with the Battalion Chief and
a shop steward to make sure that paramedics, paramedic coordinators, and
hazardous materials team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for
interview by the Shop Steward and the appropriate Battalion Chief prior to bid
selections being finalized.
Individuals working out of grade will work at the station at which the vacancy
is occurring. Selection of the individuals who will work out of grade is to
remain consistent with existing policies. Vacancies created by promotion or
retirements are to be filled by the newly promoted individuals once the bid has
been completed.
Administration of the Fire Department recognizes and supports the premise
that placing employees at stations of their preference is beneficial. The Fire
Department Administration needs a degree of flexibility to accomplish the
following goal:
1. Allow for mentoring and conflict resolution
Station bid adjustments by Fire Department Administration shall be
accompanied by written justification as to the perceived need.
After initial placement,movement of personnel shall be for a maximum period
of six months. At the end of this six-month period, the effected personnel
shall return to their station of choice. Reasons for moves for more than six
months or for permanent relocation need to be in writing.
Except in extraordinary circumstances no movement of personnel will be
initiated during the months of November and December.
When movement of personnel is initiated by the Department and is not due to
any fault of the individual(s), the Department will honor all approved time off
requests.
G. Issue Resolution Committee:
Intent:
The intent of the Issue Resolution Committee is two fold:
First, is to deal with the larger issue of how the program works. Does the
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process work; are we able to meet the goals of the program and the
department?
Second, are both labor and management needs being addressed fairly and
equitably.
Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from
management. The President of Local 3523 will appoint two members from
the employee's bargaining unit. A fifth member will be chosen by the above
four members. The Fire Chief or the labor President can substitute the
members from management and labor,respectively, for cause.
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department
Administration, through the Fire Chief, can bring issues to the Committee.
The IRC will convene within five business days of receipt of an issue of
concern or a question of process. Issues will be decided based on the
information presented to the committee. Issues or questions will be
considered resolved by a vote of 4 out of 5 committee members.
The IRC will review the overall program as it relates to program and
department goals annually or as needed. Unresolved issues will be taken to
the next contract negotiations as a negotiable issue.
The IRC will attempt to resolve issues of a personal nature, i.e. station
placement, or an interpretation of the process, as they come up. If the
committee cannot resolve an issue, the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this
program can be discontinued at any time.
All committee members performing the duties of this committee while off
duty will be compensated(at straight time), hour for hour.
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ARTICLE 44
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Union. This Agreement supersedes all previous Memoranda of
Understanding or Memoranda of Agreement between the City and the Union except as
specifically referred to in this Agreement. During the life of this Memorandum of Agreement,
should either party desire to modify its terms or to meet and confer with respect to matters within
the scope of representation, such party shall request in writing to meet and confer on such
item(s), which item(s) shall be specified in writing. During the life of this Memorandum of
Agreement, either party may refuse such a request without explanation, and no unilateral action
may be taken on the matter within the scope of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not within the
scope of representation, but impacts matters within the scope of representation, it shall provide
notice to the Union and afford the opportunity to meet and confer on the impact of its
decision(s). If a conflict arises between the MOA and General Operations or any other policy
and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service function, it
will give notice to the Union and meet and confer on any aspects of the proposal which fall
within the scope of representation.
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ARTICLE 45
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 thirty (30) day work period. If no Agreement
has been reached, the parties agree to invoke the provision of impasse under City Resolution
6620.
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ARTICLE 46
RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes to this
agreement, that party shall serve upon the other its written request to negotiate as well as its
initial proposals for an amended Agreement. Such notice and proposals must be submitted to the
other party by August 15, 2015. If notice is properly and timely given, negotiations shall
commence no later than September 15,2015.
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ARTICLE 47
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523's principal authorized agent shall be the President (address: 2160 Santa
Barbara Avenue, San Luis Obispo,California 93401;telephone: (805) 550-5020).
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).
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ARTICLE 48
TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2012 and continue in full force and
effect until expiration at midnight,December 31, 2015.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown in
Appendix "A"
2. This Agreement does not apply to Temporary Employees or Part-time employees. This
Agreement was executed on March 6,2012,by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREF GHTE , LOCAL 352
Richard C. Bolanos,Chief egotiator Stu dams hief Negotiator
Monica Irons, Human Resources Director Erik Baskin,President
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APPENDIX A
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CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE.
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Firefighter 6040 612
Fire Engineer/Inspector 6020 615
Fire Vehicle Mechanic 6030 616
Hazardous Materials Coordinator 6165 617
Fire Captain 6010 621
Fire Inspector I 6198 626
Fire Inspector II 6200 630
Fire Inspector III 6202 633
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APPENDIX B
WORK SCHEDULE ILLUSTRATION
For purposes of illustration only, the shift schedule pattern for employees working a fifty-six
(56)hour work week consists of eight (8)twenty-four(24)hour on-duty periods within a twenty-
four(24) day cycle which is worked in accordance with the following chart:
X=24-hour on-duty period
O=24-hour off-duty period
SCHEDULE: XOXOXOXOOOOXOXOXOXO00000
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APPENDIX C
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
2.36.420
Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
1. Absence from duty because of illness or off-the-job injury, or exposure to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member of the
"employee's immediate family," meaning spouse, registered domestic partner,
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 (40 hours for non-shift
personnel, 56 hours for shift personnel) 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 (24 hours for non-shift
personnel, 33.6 hours for shift personnel) 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.
I. Each incumbent of a line-item position shall accrue sick leave with pay at the rate
of twelve days (96 hours) or the shift equivalent (134.4 hours) per year of
continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in which it
was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Manager for the uses of sick
leave in their departments.
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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 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 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
69
compensation, or by reason of engaging in business or activity for monetary or
other compensation other than business or activity connected with his/her city
employment.
12. A public safety employee shall not receive sick leave payments while receiving
Worker's Compensation payments.
13. Acvxnulation of sick leave days shall be unlimited. (Prior code 2708:5)
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SIDE LETTERS
The documents following this section are all Side Letters of Agreement between
the International Association of Firefighters, Local 3523, and City of San Luis
Obispo. They should not be construed to be part of the Memorandum of
Agreement and are not subject to the terms of Article 38, Full Agreement. Any
dispute over interpretation or application of the side letters shall be referable to
the grievance and arbitration procedures of the MOA.
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RESOLUTION NO. 10336 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CEASING TO PAY AND
REPORT THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,LOCAL 3523
AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the Council of the City of San Luis Obispo has the authority to implement
Government Code Section 20636(c)(4)pursuant to Section 20691; and
WHEREAS, the Council of the City of San Luis Obispo has ratified a Memorandum of
Agreement with the International Association of Firefighters, Local 3523 which reduces the
Employer Paid Member Contribution (EPMC) effective July 26, 2012 and which no longer
provides for the normal member contributions to be paid by the employer and reported as additional
compensation effective July 25, 2013; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption
by the Council of the City of San Luis Obispo of a Resolution to no longer pay and report the value
of said EPMC; and
WHEREAS, the governing body of the City of San Luis Obispo has identified the
following conditions for the purpose of its election to no longer pay EPMC:
• Effective July 26, 2012, one and a half percent of the normal contributions will be paid as
EPMC, and the same one and a half percent (value) of compensation earnable {excluding
Government Code Section 20636(c)(4)1 will be reported as additional compensation for
Fire Safety Employees.
• Effective July 26, 2012, a half percent of the normal contributions will be paid as EPMC,
and the same half percent (value) of compensation earnable {excluding Government Code
Section 20636(c)(4)) will be reported as additional compensation for Fire Non-Safety
Employees.
• Effective July 25, 2013 this benefit shall no longer apply to all employees of the
International Association of Firefighters, Local 3523.
• Effective July 25, 2013,zero percent of the normal contributions will be paid as EPMC, and
the same zero percent (value) of compensation earnable {excluding Government Code
Section 20636(c)(4)) will be reported as additional compensation.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby:
SECTION 1. Effective July 26, 2012 elects to reduce the EPMC as set forth above and
effective July 25, 2013 elects to no longer pay the member contribution and therefore no longer
report EPMC as additional compensation.
R 10336
Resolution No. 10336 (2012 Series)
Page 2
SECTION 2. Directs that prior resolutions relating to International Association of
Firefighters, Local 3523 compensation and benefits are hereby superseded to the extent
inconsistent with this resolution.
Upon motion of Mayor Marx, seconded by Council Member Carter, and on the following
vote:
AYES: Council Members Ashbaugh and Carter, and Mayor Marx
NOES: Vice Mayor Carpenter and Council Member Smith
ABSENT: None
The foregoing resolution was adopted this 6t'day of March, 2012.
Mayo J Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO
J hristine Dietrick
City Attorney
RESOLUTION NO. 10337 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S
FIRE HAZARDS CHAPTER OF THE GENERAL PLAN SAFETY ELEMENT TO
IMPLEMENT THE GOVERNMENT CODE GP/ER 77-10
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on September 22, 2010 to review proposed updates to the General Plan Safety
Element to implement new Fire Maps and associated policies GPA/ER 77-10; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 9, 2010, and March 6, 2012 for the purpose of considering the amendments to the Fire
Hazards Chapter of the General Plan Safety Element; and
WHEREAS, the proposed amendments are necessary to implement changes to the
Government Code and fire hazard map changes adopted by Cal Fire; and
WHEREAS, the City Council considered the Initial Study and Negative Declaration of
Environmental Impact (ER 77-10) for the project, and determined that the document adequately
addresses the potential environmental effects of the proposed project; and
WHEREAS, notice of intent to adopt these amendments has been given; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff,presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed General Plan Amendment is consistent with the Government Code in
providing updated fire hazard maps and policies for the City.
2. The proposed amendments to the Safety Element Policies and Maps are consistent with
objectives of Cal Fire to provide uniform maps and policies for the State of California.
3. The proposed amendments to the Policies will enhance the safety between the urban
environment and the wildland interface by providing updated building and safety standards
for properties that are within the Very High Fire Hazard Severity Zone and other areas of the
City, consistent with adopted amendments to the California Building Code.
R 10337
Resolution No. 10337 (2012 Series)
Page 2
4. A draft Negative Declaration was prepared by the Community Development Department
on September 16, 2010. The Planning Commission finds and determines that the project's
Negative Declaration adequately addresses the potential significant environmental impacts of
the proposed project.
SECTION 2. Environmental Review. The City Council does hereby adopt a Negative
Declaration for the project.
SECTION 3. Action. The City Council does hereby adopt revisions to the General Plan
Safety Element as shown in Exhibit A.
Upon motion of Council Member Carter, seconded by Council Member Smith, and on
the following vote:
AYES: Council Members Carter and Smith, and Mayor Marx
NOES: None
ABSENT: None
RECUSED: Council Member Ashbaugh and Vice Mayor Carpenter
The foregoing resolution was passed and adopted this 6`h day of March, 2012.
a- Z��
M Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Q istine Dietrick
14*Attorney
CExhibit A
city of Safety
san lois oBisno
THE GENERAL PLAN
FIRE
Fires cause significant losses to life, property, and the environment. They occur in both urban and
rural settings. Urban fire hazards result from the materials, size, and spacing of buildings, and
from the materials, equipment, and activities they contain. Additional factors are access, available
water volume and pressure, and response time for fire fighters. Fire hazards in rural areas, or on
the edge between urban and rural land, combine these factors with land slope and natural and
modified vegetation. The mosaic of grassland, scrub and chaparral, and oak woodland around
San Luis Obispo has been shaped by, and to some extent depends on, fire. Where the burning of
natural vegetation is a threat to people's lives and property, plant fuels are often managed by
replacement planting, grazing, plowing, or mechanical clearing.
"Wildland" is a shorthand description for areas characterized by low density development,
concentrations of natural vegetation and steeper slopes. Wildland areas may be subject to
significant fire hazard due to natural vegetation's properties as fuel, and the steepness of the land,
which affect how fast fire spreads and may limit access for fire-fighting. San Luis Obispo faces
wildland fire hazards due mainly to its climate and to the steeper hillsides around the city. Areas
with high wildland fire hazard include the Irish Hills, Santa Lucia foothills, Cerro San Luis Obispo,
Bishop Peak, and Islay Hill (Figure 1). Fire hazards in wildlands are often compounded by their
distance from firefighting resources.
Fuel modification in conjunction with appropriate construction techniques may reduce the risk of
Wildland fires spreading to the urban environment. In 2009 the City Fire Department in
cooperation with the Natural Resource Manager contracted with the Cal Fire Cuesta Camp Hand
Crew to clear or modify natural fuels in the Cerro San Luis, Irish Hills, and Bowden Ranch Open
Space. Currently the City has contracts with the Cuesta Crew to modify fuels in open space areas
by French Hospital and the Johnson/Fixlini areas. The fire department aims to reduce fire risk
through its weed-abatement program, which covers all wildland areas within the city's jurisdiction.
The department also works with the County, which has a State and locally approved fire
management plan that coordinates among a number of State, regional, and county agencies.
Construction techniques, including the use of ignition resistant materials and building design that
can resist the intrusion of flame or burning embers projected by a vegetation fire (wildfire
exposure) reflect other efforts California communities have made to avoid the repeating cycle of
interface fire disasters.
Very High Fire Hazard Severity Zones
Government Code Sections 51175 through 51189 require identification of land within very high fire
hazard seventy zones so that public officials are able to identify measures that will mitigate
uncontrolled fires that threaten to destroy resources, life, or property, and to require that those
measures be taken. Property within these zones is required to utilize Wildland-Urban Interface
Fire Area Building Standards to minimize the threat of property damage in the event a wildfire
occurs in close proximity to these properties. The objective of the Wildland-Urban Interface Fire
Area Building Standards is to establish minimum standards for materials and construction to
provide a reasonable level of exterior wildfire exposure protection for buildings in Very High Fire
Hazard Severity Zones and other areas designated by the City Council after a public hearing. The
City has decided not to create Wildland-Urban Interface Fire Zones within its jurisdiction.
5-9
city of Safety
iT.7 -1'I %an Luis otmspo
THE GENERAL PLAN
Policy 3.0: Adequate Fire Services
Development should be approved only when adequate fire suppression services and facilities are
available or will be made available concurrent with development, considering the setting, type,
intensity, and form of the proposed development.
Policy 3.1: Wildland Fire Safety
A. Wildland fire hazard severity zones shall be classified as prescribed by Cal Fire.
Areas within the City, including "Very High" Fire Hazard Severity Zones, if any,
shall be classified by the City's Fire Code Official based on findings supported by
substantial evidence in the record as required by Government Code Section
51179 and considered by City Council at a public hearing. Meaningful, early
notification and input shall be obtained from nearby neighborhoods which may be
affected.
B. New subdivisions shall be prohibited in areas of "Very High" wildland fire hazard
as shown in Figure 2 unless part of conservation or open space acquisition
program. Development of existing parcels shall require a development plan to
manage fuels, maintain a buffer zone, and provide adequate fire protection to
the approval of the Chief Building Official. The development plan must be
consistent with Policies required by the City's Conservation and Open Space
Element.
C. The City of San Luis Obispo is considered a"Community at Risk" due to the threat
of wildfire impacting the urban community. The City shall continue to enhance the
fire safety and construction codes for new buildings in order to reduce the risk of
urban fires that may result from wildfires. Citywide building code enhancements
should include: Fire resistant exterior wall coverings; Sprinkler protection in attic
areas; and Ember resistant vent systems for attics and under floor areas and
other provisions identified in the California Building Code Chapter 7A.
5-10
FIGURE 1: FIRE HAZARD SEVERITY ZONES
Cal Fire
` - Fire Hazard
Severity Zones
- _._. •.. - - - �i —Ciy Limn
-- 1` —Railroad Trerha
1 Local Aron of ROSpOeslolllty
wy won
State Area of Responsibility
\ 0; O Wy Rlen
p �Rlen
y C Modemte
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mimmmimme Mlles
SL.O-` GIS
RESOLUTION NO. 10338(2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERTY
LOCATED AT 868 UPHAM STREET TO THE MASTER LIST OF
HISTORIC RESOURCES,CHC 63-11
WHEREAS, applicants Jason and Maggie Browning, on June 2, 2011, submitted an
application to add their property to the Master List of Historic Resources; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public
hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 25, 2011, and recommended the Council add the property located at 868
Upham Street to the Master List of Historic Resources; and
WHEREAS, the City Council conducted a public hearing on September 6, 2011, for the
purpose of considering adding the property located at 868 Upham Street to the Master List of
Historic Resources (CHC 63-11) and referred the project back to the CHC to determine whether the
porch enclosure can remain and still make findings of integrity; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a 2nd public hearing in the Council Meeting Room of City Hall, 990 Palm Street, San Luis
Obispo, California, on October 24, 2011, and determined the porch enclosure can remain and still
make findings of integrity; and
WHEREAS, the City Council conducted a public hearing on March 6, 2012, for the
purpose of considering adding the property located at 868 Upham Street to the Master List of
Historic Resources(CHC 63-11); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, the records of the Cultural Heritage Committee hearing, and
the evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findinas. The Council makes the following findings of consistency with
Historic Preservation Program Ordinance eligibility criteria for Master List Historic Resources:
1. The house is eligible for the Master List of Historic Resources because it meets Historic
Preservation Guidelines Historic Significance criteria for Architectural Criteria— Style. The
house is an excellent example of the Craftsman style with eclectic influences; has integrity;
purity of style; and, effectively conveys the historical value of the property.
R 10338
Resolution No. 10338
Page 2
2. The house is eligible for the Master List of Historic Resources because it meets Historic
Preservation Guidelines Historic Significance criteria for Architectural Criteria—Design. The
structure exhibits notable attractiveness with aesthetic appeal because of artistic merit, details
and craftsmanship.
3. The house is eligible for the Master List of Historic Resources because it meets Historic
Preservation Guidelines Historic Significance criteria for Criteria for Building Evaluations —
Architect. The building was designed and built in 1912 by a prominent architect and builder
in the local area and was lived in by Harry E. Lyman until his death in 1931.
4. The house and associated outbuildings are eligible for the Master List of Historic
Resources since the property meets Historic Preservation Guidelines Historic Significance
criteria for Architecture — Architect. Harry E. Lyman made significant contributions to San
Luis Obispo by constructing many homes within the City of San Luis Obispo including
several historically designated homes in the City of San Luis Obispo and many other homes
which are now located in the Old Town Historic District and in the Upham Street
neighborhood area in the vicinity of 868 Upham Street.
5. The house is eligible for the Master List of Historic Resources criteria for Integrity since
is occupies its original site and foundation; has maintained its historic character and
appearance to be recognizable as an historic resource and conveys the reasons for its
significance with intact original building materials and architectural details in the exterior and
interior; and, the resource has retained its design, setting, materials, workmanship, feeling
and association.
6. The enclosed porch does not alter the integrity of the resource since the porch enclosure
was constructed during the era of significance of the residence, and it did not alter the
original fabric of the residence since the original wall and windows still exist and the
enclosure was of designed to blend with the architectural style of the building.
7. The enclosed porch does not materially alter the buildings ability to convey its historical
significance as an excellent example of a Craftsman style home with eclectic influences since
the building exhibits a high level of integrity of original interior and exterior features all the
way around the structure and no additions or other alterations have occurred; and, the
enclosed porch does not impact the structures ability to convey its significance as the home of
Harry E. Lyman and his family.
SECTION 2. Action. The Council of the City of San Luis Obispo does hereby add the
property located at 868 Upham Street to the Master List of Historic Resources as the historic"Harry
E. Lyman House".
SECTION 3. Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined by Section 15308 of the California
Environmental Quality Act and are exempt from environmental review.
0
Resolution No. 10338
Page 3
Upon motion of Vice Mayor Carpenter, seconded by Council Member Smith, and on the
following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6`h day of March, 2012.
May r an Marx
ATTEST:
Elaina Cano
City Clerk
APPR VED AS�ORM:
hristine Dietrick
City Attorney
RESOLUTION NO. 10339 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CREATING THE TASK
FORCE FOR THE LAND USE AND CIRCULATION ELEMENTS UPDATE (TF-LUCE)
AND DEFINING ITS TERM AND CHARGE
WHEREAS, the Council of the City of San Luis Obispo appointed two General Plan
Advisory Committees to advise the City of San Luis Obispo during the last major update of the
Land Use and Circulation Elements adopted in 1994; and
WHEREAS, the City received a Strategic Growth Council grant in the amount of
$880,000 with strict performance timeframes to update the City's Land Use and Circulation
Elements; and
WHEREAS, in June 2011, the City Council approved goals for the 2011-2013 Financial
Plan including additional funding to support the update of the Land Use and Circulation
Elements; and
WHEREAS, public participation has been a long tradition in land use issues in the City
of San Luis Obispo and public involvement is essential in updating the 1994 Land Use and
Circulation Elements; and
WHEREAS, the public participation strategy calls for a Task Force for the Land Use and
Circulation Elements Update (TF-LUCE) to inform the update process at key milestones,
provide feedback and recommendations and disseminate information to each participant's circle
of influence; and
WHEREAS, previous direction from the City Council and good planning principles
confirm that city residents are critical to the General Plan update process; and
WHEREAS, the composition of the TF-LUCE should be representative of the
community interests with a requirement that participants live in the City; and
WHEREAS, the City provided notice and solicited applications and resumes from
residents interested in participating on the TF-LUCE; and
WHEREAS, establishing TF-LUCE Ground Rules and Terms of Engagement will
provide a framework for collaborative communication among task force members and decision-
makers; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of interested parties, and the evaluation and recommendations by staff presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that a Task Force for the Land Use and Circulation Elements Update is hereby created
with a composition, term, charge, ground rules and staff support as follows:
R 10339
Resolution No. 10339 (2012 Series)
Page 2
SECTION 1. TF-LUCE. The Task Force for the Land Use and Circulation Element
shall be comprised of representatives to be appointed by the Council. The Task Force shall be
comprised of an odd number of participants.
SECTION 2. ACTION
I. The Planning Commission has appointed Eric Meyer to serve on the TF-LUCE.
2. The Council appoints the following residents to serve on the TF-LUCE:
Walt Bremer
Russell Brown
Carlyn Christianson
Chuck Crotser
Hemalata Dandekar
Jon Goetz
David Juhnke
Stephan Lamb
Eric Meyer
Dean Miller
Matt Quaglino
Pierre Rademaker
Chris Richardson
Rob Rossi
Sandra Rowley
Carla Saunders
Sharon Whitney
3. Task force members shall serve at the pleasure of the City Council and may, by a
majority Council vote, be appointed, dismissed, or replaced.
4. The TF-LUCE is hereby established until the update of the Land Use and Circulation
Elements is complete or until March 1, 2015 at the latest, at which point it will no longer be a
standing committee with the possible extension of this term to be considered by the City
Council prior to that time.
5. The purpose of the TF-LUCE is to advise the City in developing recommendations to
update the General Plan.
6. The City will provide staff support to the TF-LUCE, with the Community Development
Director to be primarily responsible for providing this support, to include preparation of
agendas, and minutes, compilation of material for discussion at TF-LUCE meetings, and
assistance with public outreach efforts.
7. The TF-LUCE Guidelines as shown in Exhibit A, and as may be amended by the City
Council, shall apply to the TF-LUCE upon formation by the City Council, including
Resolution No. 10339 (2012 Series)
Page 3
compliance with the Ralph M. Brown Act governing open meetings for local government
bodies.
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 13th day of March, 2012.
fril
Mayor arx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FO
J.0s me Dietrick
I-tTty Attorney
EXHIBIT A
TF-LUCE GUIDELINES
Guidelines for the Task Force for the Land Use and Circulation
Elements Update (TF-LUCE)
City of San Luis Obispo
Community Development Department
1. Introduction
The purpose of these Guidelines is twofold:
1) To clarify the respective roles of the each participant in the citizen advisory
committee process; and
2) To outline the roles, responsibilities and relationship of TF-LUCE and Staff to
clarify expectations and understanding of the overall process, so that TF-
LUCE and Staff contribute to moving toward accomplishing the committee's
specific goals within an appropriate schedule and budget.
The advisory committee process is a collaborative one involving an often diverse array
of individuals, stakeholders, and viewpoints, levels of expertise and matters of concern.
The public, TF-LUCE appointees, and respective Community Development Department
staff (CDD staff), and staff from other agencies and offices all benefit in having a clear
understanding of their respective roles and responsibilities in the committees' conduct of
their official business.
An effort has been made to cover all essential aspects of the committee operations,
such as how appointments are made, how long each member's term is, the
responsibilities of different participants, conflict of interest issues, and meeting
procedures. Nonetheless, these Guidelines are not exhaustive, they do not incorporate
statutes and regulations which may apply to TF-LUCE operations, e.g. State open
meetings law (Brown Act). The Guidelines strive to make adequate reference to other
rules, as appropriate.
2. Applicability
These Guidelines apply to the Council-appointed Task Force for the Land Use and
Circulation Elements Update whose primary mission involves products and activities
focused on the Land Use and Circulation Element update.
3. Establishment of TF-LUCE
The TF-LUCE is being established to advise the City on matters related to the update of
the Land Use and Circulation Elements of the General Plan. The advice provided by the
TF-LUCE is communicated to City staff which is tasked with providing recommendations
to Advisory Bodies and City Council. This task force is appointed by the City Council; its
establishment is not specifically required by any State laws or regulations. Therefore,
the City Council has discretion to create, modify, and terminate the TF-LUCE, its
membership, mission statement, schedule, etc. at any time. The TF-LUCE is an agent
of the City of San Luis Obispo and members should be cognizant that their actions as
individuals or as a whole can have consequences to the City.
4. Committee Authority
The TF-LUCE is advisory in nature and has no authority to approve, deny, or require
modification to any policy or project under the task force's consideration. The task
force's advice shall be conveyed to Advisory Bodies, Planning Commission and City
Council in all staff reports. City staff will acknowledge TF-LUCE input in formulation of
recommendations for action by Advisory bodies and City Council and will note where a
differing recommendation is being made and the reasons for the difference. When
recording votes in meeting minutes, members voting for and against items will be noted.
Staff is assigned responsibility for the timely completion of Council-approved Land Use.
and Circulation Element update work program.
5. Appointment Process and Membership Term
A) Size
The size of a TF-LUCE shall be established by the City Council upon creation of the
task force. The task force shall have an odd number of members; this eliminates
ambiguity as to what constitutes a quorum, and minimizes the possibility of tie votes.
B) Composition
The composition of a TF-LUCE shall be determined at the time of its creation, to ensure
that specific community segments and/or other interest groups are represented in the
membership. All members must be residents of the City of San Luis Obispo. Paid
advocates will not be considered to serve on the TF-LUCE. The TF-LUCE will be
created by Council resolution.
C) Vacancies and Application Process
A vacancy or vacancies on a TF-LUCE shall exist:
1) When the committee is created
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2) When a member or members is/are formally removed by the City Council, or
3) When the Council receives and acknowledges a letter of resignation from an
incumbent.
Vacancies on the TF-LUCE shall be advertised by the City Clerk in the same manner as
the original appointments by the Council. Applications for TF-LUCE membership shall
be submitted on forms provided by the City Clerk, and shall be accepted by the Clerk.
The temporary absence of members to fill vacancies as described in this section shall
not affect a recommendation by staff and/or the TF-LUCE to Advisory Bodies or to the
Council.
D) Selection Process
Upon the close of an application period, a copy of each application submitted will be
given to the Council for review. Appointment(s) shall be made by the full Council. When
considering members, a goal of geographical representation in the selection process
will be weighed.
E) Term of Office
The term of office for a TF-LUCE and its members is established by the City Council
when it creates the committee. The TF-LUCE shall serve at the discretion of the Council
for the term of appointment outlined in a resolution.
6. Task Force Operations
A) Task Force Mission and Responsibilities
The specific mission for the TF-LUCE and its term of service shall be to:
1) Advise the City in the development of recommendations during the process of
discussing issues, opportunities and vision; reviewing alternatives; and
developing policy as part of the Land Use and Circulation Elements update.
2) Review and comment upon other matters related to the TF-LUCE's function
as part of the Land Use and Circulation Elements update, upon specific
direction by the City Council.
B) Officers and Rules of Conduct
The responsibilities of the TF-LUCE also include an election of officers, consisting of at
least a Vice-Chair. The Chair shall lead all meetings, be the primary spokesperson for
the TF-LUCE, and be the primary committee liaison to City staff and the public. Staff in
consultation with the Chairperson shall develop the agenda for each TF-LUCE meeting.
The Chair shall be the member appointed by the Planning Commission. The Vice-Chair
shall fulfill the duties of Chair in the latter's absence. The Recording Secretary will be
the Community Development Director or his/her designee, who will take action minutes
of motions and make a digital recording of each meeting. At a minimum, these minutes
3
o
shall clearly convey actions and motions taken by the TF-LUCE. These minutes are to
be considered, amended as needed and approved by the full task force at the earliest
possible time, and signed by the Chairperson. In addition, the task force may adopt
specific rules of conduct and procedure, as long as such rules are consistent with
applicable laws and regulations (including these Guidelines).
C) Meeting Procedure
The TF-LU CE is subject to the Brown Act, which sets standards for public notice as to
meeting time, date and location as well as items to be discussed. Significant
implications are as follows:
1) Noticing of all TF-LUCE meetings, including time, location and an agenda,
must be posted in a public place within the applicable area. Efforts should be
made to provide adequate public notice beyond minimum .Brown Act
requirements of seventy-two (72) hours.
2) All TF-LUCE meetings must be open and public. Meetings are to be held in a
facility which makes adequate provision for attendance by all interested
members of the public.
3) Members of the public are to be given an opportunity to speak to the TF-
LUCE on any regular agenda item at the time it is being discussed. Members
of the public will also be given an opportunity to speak to any relevant non-
agenda item. All public speakers are subject to reasonable time constraints
established by the TF-LUCE Chairperson and any adopted procedures. All
public speakers are to identify their names and relevant business and/or
personal interests they are representing for the record.
4) The TF-LUCE will attempt to establish a consistent regular meeting time and
location in their rules of conduct.
5) Minutes of TF-LUCE meetings will be kept on file by the Community
Development Department. These minutes shall be available for any interested
person to examine.
6) The TF-LUCE will elect the Vice-Chair no later than its second meeting.
7) Meetings shall run in a parliamentary style. Substantive issues will have
higher priority than matters of procedural detail. The Chair has discretion in
guiding discussion of items among TF-LUCE members while allowing for
appropriate public input.
8) Staff may address the TF-LUCE at any time, with timely recognition by the
Chair.
9) Quorum: A majority of the members of the TF-LUCE constitute a quorum.
Decisions are made by a majority of the members present and voting. No
business may be transacted if less than a quorum is present. Formal votes by
a committee are to have a motion and second, prior to allowing further
discussion and a vote.
10) Members of the TF-LUCE shall not vote on issues which involve a legal or
ethical conflict of interest or duty (See section 7)
11) Subcommittees: the TF-LUCE may select subcommittees to focus on issues
or subjects meriting more detailed work outside of the full task force.
4
Subcommittees are made up of TF-LUCE members only, and must number
less than a quorum of the full TF-LUCE. Subcommittee meeting
arrangements may be set by either the staff or the TF-LUCE. Such meetings
are not legally required to be noticed or posted, but every effort should be
made by a subcommittee officer or member to notice and/or post the
meetings, as they are open to any interested member of the public.
Information about their time and location is to be made available through the
overall TF-LUCE secretary and through CDD staff. Subcommittees shall
choose a Chair and a Vice-Chair, and may choose a Recording Secretary for
preparing informal minutes. A report from any subcommittee meeting shall be
made at the next full TF-LUCE meeting. Staff support for subcommittee
meetings may be provided, but is not required.
D) Attendance
TF-LUCE members shall make every effort to attend regular,meetings. Any member
who is unable to attend any meeting shall contact the TF-LUCE Chair or Community
Development Department staff at least seventy-two (72) hours prior to the meeting.
Three (3) consecutive unannounced absences or five (5) consecutive absences by a
member shall be grounds for dismissal from the TF-LUCE, subject to the discretion of
the Council.
E) Appearance on TF-LUCE's behalf
The Chair, Vice-Chair, or other duly authorized TF-LUCE member shall speak for the
task force at any applicable non-TF-LUCE public hearing or other meeting as authorized
by the TF-LUCE. individual members of TF-LUCE not so designated, who do testify at a
public hearing or other meeting, shall clearly identify themselves as speaking
individually as a member of TF-LUCE, and shall clearly indicate that they are not
authorized to speak for the full committee.
F) Timely adjournment of evening meetings
To encourage public participation, evening meetings of the TF-LUCE will be organized,
agendized, and run so as to finish at a reasonable hour. If the TF-LUCE finds its
evening meetings habitually running past 9:30 PM, staff and the Chairwill work together
to shorten the agendas and, if necessary, to expedite task force discussion and action
on items.
7. Conflicts of Interest
TF-LUCE members are not considered to be "public officials" as defined in § 82048 of
the California Government Code, and therefore are not subject to the State Political
Reform Act and its disclosure provisions (Government Code §§ 81000 et seq.).
Nevertheless, TF-LUCE members shall remove themselves from all discussions and
5
votes on matters in which they have any direct personal financial interest, or where the
member's professional allegiance and/or personal bias cannot be set aside to allow the
member's fair consideration of the issue(s) at hand.
In gauging such extra-legal conflicts of interest and/or duty, each member shall exercise
careful judgment and introspection in giving priority to the interests of fairness and
objectivity; if there is any reasonable doubt that the member has a conflict, the member
shall refrain from participation in the task force's deliberations and vote(s). Should a
member not refrain voluntarily, and should the member's participation specifically be
challenged by another TF-LUCE member, staff, or the public, the member's
participation on any item of official task force business may be prevented by a two-thirds
majority vote of the full TF-LUCE (i.e., at least two-thirds of the total incumbent
membership, including the member in question). Pervasive or recurring conflicts of
interest and/or duty should lead a member to resign voluntarily from a TF-LUCE, and
may be grounds for a dismissal by the Council.
8. TF-LUCE and Staff Responsibilities
A) TF-LUCE Member Responsibilities
The responsibilities of the individual TF-LUCE members include:.
1) Punctually and fully attend all regular and special meetings of the TF-LUCE
and all relevant subcommittee meetings, to the maximum possible extent;
2) Come to all meetings fully prepared, having reviewed the agenda and all
related written/graphic material available before the meeting;
3) Conscientiously follow high ethical standards in putting the broad public
interest ahead of any personal interest and/or bias, and to abstain from all
discussions and votes where this is not possible;
4) Promote full and open discussion of all matters of official task force business;
5) Support the task force Chair, Vice-Chair, and staff in maintaining order,
keeping discussions relevant to the business at hand, and following proper
procedures, while giving primary attention to matters of substance.
6) Be cognizant of the grant time frame and constraints and strive to comment
on products/concepts presented in a productive and expeditious manner.
B) CDD Staff Responsibilities
Staff responsibilities in supporting the TF-LUCE include:
1) Timely completion of deliverables within budget.
2) Schedule all TF-LUCE meetings pertaining to Land Use and Circulation
Element update issues, make arrangements for all facilities, distribute
written/graphic materials, notices, agendas, etc. For such meetings,
coordinate necessary staff participation and guest speakers;
6
3) For TF-LUCE meetings as appropriate, prepare recommendations and other
material for TF-LUCE review and comment. Advise the TF-LUCE on matters
of both substance and procedure;
4) Assist the TF-LUCE Chair in promoting full and open participation by all TF-
LUCE members and other people in attendance at any meeting, keeping
discussion pertinent to the business at hand;
5) Handle information requests for material and general information related to
the official business of the TF-LUCE;
6) Report the TF-LUCE's activities, recommendations and comments to
Advisory Bodies or other decision-makers and officials within the framework
of the overall presentation of staff recommendation on a task force product-
goal (i.e. a draft element policy update, a technical element or portion
thereof);
7) At a minimum, coordinate the effective administration of a written survey to all
City residents modeled after the 1988 General Plan Survey;
8) Manage an effective public outreach effort that maximizes public and resident
participation.
9) Coordinate with the Chair and Secretary on TF-LUCE.meeting schedules.
C) City Attorney
Staff support to the TF-LUCE will not be provided by the City Attorney. Specific legal
issues are to be directed through CDD to the City Attorney for response.
7
C� •
RESOLUTION NO. 10340 (2012 Series)
A RESOLUTION OF CITY OF SAN LUIS OBISPO APPROVING THE ISSUANCE OF
BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE
PURPOSE OF FINANCING A HOUSING DEVELOPMENT FOR VITUS
DEVELOPMENT LLC AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of
the State of California (the "Act"), certain public agencies (the "Members") have entered into a
Joint Exercise of Powers Agreement, effective on January 1, 2004 (the "Agreement") in order to
form the California Municipal Finance Authority (the "Authority"), for the purpose of promoting
economic, cultural and community development, and in order to exercise any powers common to
the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of San Luis Obispo (the "City"), had determined that it was in the
public interest and for the public benefit that the City become a Member of the Authority in
order to facilitate the promotion of economic, cultural and community development activities in
the City, including the financing of projects therefor by the Authority; and
WHEREAS, the California Municipal Finance Authority (the "Authority") is authorized
to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the
construction of capital projects; and
WHEREAS, Vitus Development LLC and/or Vitus Group Inc. (the `Borrower") has
requested that the Authority issue and sell revenue bonds in the maximum principal amount of
$15,000,000 (the "Bonds") for the purpose of making a loan to the Borrower, to enable the
Borrower to finance the costs of acquiring, rehabilitating, and developing a 120-unit multifamily
housing residential facility located at 1550 Madonna Road, San Luis Obispo, California (the
"Project"); and
WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(0 of
the Internal Revenue Code of 1986, as amended (the "Code"), requires that an "applicable
elected representative" with respect to the Authority hold a public hearing on the issuance of the
Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has determined that the Council is an "applicable elected
representative" for purposes of holding such hearing; and
WHEREAS, notice of such public hearing has been duly given as required by the Code,
and the Council has heretofore held such public hearing at which all interested persons were
given an opportunity to be heard on all matters relative to the financing or refinancing of the
Project and the Authority's issuance of the Bonds therefor; and
WHEREAS, it is in the public interest and for the public benefit that the Council approve
the issuance of the Bonds by the Authority for the aforesaid purposes.
R 10340
l V
Resolution No. 10340 (2012 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council hereby approves the issuance of the Bonds by the Authority
for the purpose of providing funds to make a loan to the Borrower to enable the Borrower to
finance or refinance the Project. It is the purpose and intent of the City Council that this
resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of
(a) Section 147(f) of the Internal Revenue Code by the applicable elected representative of the
governmental unit having jurisdiction over the area in which the Project is to be located, in
accordance with said Section 147(f).
SECTION 2. The issuance of the Bonds shall be subject to the approval of the Authority
of all financing documents relating thereto to which the Authority is a party. The City shall have
no responsibility or liability whatsoever with respect to the Bonds. The Bonds will be paid
entirely from repayments by the Borrower. Neither the full faith and credit nor the taxing power,
if any, of the City, the Authority and its members, the State of California (the "State") or any
other political corporation, subdivision or agency of the State is pledged to the payment of the
principal of, premium, if any, or interest with respect to the Bonds, nor shall the City, the
Authority and its members, the State, or any other political corporation, subdivision or agency of
the State be liable or obligated to pay the principal of, premium, if any, or interest with respect to
the Bonds.
SECTION 3. The adoption of this Resolution shall not obligate the City or any
department thereof to (i) provide any financing to acquire or construct the Project or any
refinancing of the Project; (ii) approve any application or request for or take any other action in
connection with any planning approval, permit or other action necessary for the acquisition,
rehabilitation or operation of the Project; (iii) make any contribution or advance any funds
whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its
membership therein.
SECTION 4. The Mayor, the Clerk and all other proper officers and officials of the City
are hereby authorized and directed to execute such other agreements, documents and certificates,
and to perform such other acts and deeds, as may be necessary or convenient to effect the
purposes of this Resolution and the transactions herein authorized.
SECTION 5. The Clerk shall forward a certified copy of this to the Authority in care of
its counsel:
Harriet M. Welch, Esq.
Squire, Sanders LLP.
555 South Flower St., Suite 3100
Los Angeles, CA 90071-2300
SECTION 6. This resolution shall take effect immediately upon its passage.
Resolution No. 10340 (2012-Series)
Page 3
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, and Mayor Marx
NOES: None
ABSENT: Vice Mayor Carpenter
the foregoing resolution was adopted this 13`h day of March 2012.
MAyZ7 Marx
ATTEST:
Elaina Cano
City Clerk
APPROVE S TO FORM:
J.� stine Dietrick
amity Attomey