HomeMy WebLinkAbout10341-10360 RESOLUTION NO. 10341 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN
APPLICATION IN THE AMOUNT OF $1179450 TO THE STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR HOUSING RELATED PARKS
PROGRAM FUNDS TO PROVIDE FINANCIAL ASSISTANCE TO THE PUBLIC
WORKS DEPARTMENT FOR PARK UPGRADES AT SANTA ROSA PARK.
WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the
State of California, wishes to apply for and receive an allocation of funds through the Housing
Related Parks (HRP) Program; and
WHEREAS, the California Department of Housing and Community Development
(hereinafter referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") for the
HRP Program established by Chapter 8, Sections 50700 through 50704.5 of Part 2 of Division 31
of the Health and Safety Code (the "statute"). Pursuant to the statute, HCD is authorized to
approve funding allocation utilizing monies made available by the State legislature to the HRP
program, subject to the terms and conditions of the HRP Program Guidelines adopted as
amended by HCD on December 2, 2011; and
WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from
HCD an allocation of HRP Program funds in the amount of$117,450; and
WHEREAS, HCD is authorized to approve funding allocations for the HRP Program,
subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and
Standard Agreement; and
WHEREAS, at the time of application, the City of San Luis Obispo has a General Plan
Housing Element that is certified by HCD.
WHEREAS, at the time of the application, the City of San Luis Obispo has a General
Plan in conformance with the Regional Blueprint Plan as required by HCD.
NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Application. The City of San Luis Obispo shall submit to HCD an
application to participate in the HRP Program in response to the NOFA issued on December 2,
2011, which will request financial assistance to help in thepurchase and installation of play
equipment, safety surfacing, and other related park improvements associated with the playground
at Santa Rosa Park.
SECTION 2. Eligible Activities. If the application for funding is approved, the City of
San Luis Obispo hereby agrees to use the HRP Program funds for eligible activities in the
manner presented in the application as approved by HCD and in accordance with program
Guidelines as cited above. It also may execute any and all other instruments necessary or
R 10341
0 �\
Resolution No. 10341 (2012 Series)
Page 2
required by HCD for participation in the HRP Program.
SECTION 3. Authorization. The City of San Luis Obispo authorizes the City Manager
or the Assistant City Manager to execute in the name of the City of San Luis Obispo, the
application, the Standard Agreement, and all other documents required by HCD for participation
in the HRP program, and any amendments thereto. In addition, the City of San Luis Obispo
authorizes the Director of Public works to submit payment requests, provide status updates and
provide program/project closeout documents to facilitate program implementation.
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
the foregoing resolution was adopted this 20"' day of March 2012.
Ma' an Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED A TO FO
Cho
me Dietrick
tity'Attorney
RESOLUTION NO. 10342 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUSPENDING
ENFORCEMENT OF THE REQUIREMENTS OF SAN LUIS OBISPO MUNICIPAL
CODE SECTION 17.16.015 FOR A PORTION OF 43 PRADO ROAD AND
AUTHORIZING A SAFE PARKING PILOT PROGRAM AT PRADO DAY CENTER
(43 PRADO ROAD)
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 March
20, 2012, for the purpose of considering a safe parking pilot program to allow overnight sleeping
in vehicles at the Prado Day Center at 43 Prado Road; and
WHEREAS, the City's Municipal Code, 17.16.015 prohibits sleeping in vehicles except
in lawfully operated mobile home parks, travel trailer parks, or campgrounds; and
WHEREAS, there is a growing community need for programs providing safe
accommodations for individuals and families utilizing vehicles for temporary shelter in order to
facilitate the transition to permanent housing; and
WHEREAS, CAPSLO has requested to establish a safe parking pilot program at the
Prado Day Center; and
WHEREAS, the established homeless services program and facilities at the Prado Day
Center is an appropriate location for a temporary pilot program to accommodate people sleeping
in vehicles overnight as temporary shelter; 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. A safe parking pilot program advances a key component of the goal to provide a form of
transitional housing consistent with the San Luis Obispo Countywide 10-year Plan to End
Homelessness.
2. There is a growing community need for a safe parking pilot program for those looking
for a safe place to temporarily sleep in their vehicles while they transition to permanent housing.
3. A pilot program will allow CAPSLO and the City to evaluate the success of the program
prior to deciding whether to move forward with a long-term City-wide program.
R 10342
Resolution No. 10342 (2012 Series)
Page 2
4. As conditioned, a safe parking pilot program within the parking area for the Prado Day
Center, as show on Exhibit A, is a logical addition to the homeless services currently provided
and managed by CAPSLO.
SECTION 2. Conditions. The City Council hereby authorizes the Prado Day Center to
operate a safe parking pilot program at 43 Prado Road in the location specified in Exhibit A and
subject to the following conditions:
1. The pilot program shall be valid only for the Prado Day Center parking area located at 43
Prado Road and only as shown on attached Exhibit A.
2. The pilot program shall be valid for a six (6) month period from the date of program
implementation.
3. The number of vehicles allowed to participate in the pilot program shall be limited to five
(5).
4. Pilot program participants must be enrolled in programs to facilitate the transition to
more permanent housing and paired with a case manager.
5. Restroom facilities shall be provided by CAPSLO.
6. No drugs or alcohol may be contained in program vehicles or possessed or consumed on
City property.
7. No weapons or firearms of any kind may be contained in program vehicles or used or
possessed on City property at 43 Prado Road.
8. No fires of any kind shall be permitted on City property.
9. No music may be played that is audible outside vehicles.
10. No cooking or food preparation shall be performed outside of the participant's vehicle.
11. Camping tarps or equipment beyond the top of the vehicle are prohibited.
12. Only one vehicle is allowed per participant or household at the site.
13. A monitoring and oversight program shall be provided to the City prior to
commencement of the pilot program.
14. Provide program hours.
Resolution No. 10342 (2012 Series)
Page 3
15. Provide a site plan with the following information:
a. Location of trash and recycling bins
b. Location of restroom facilities
c. Parking plan
d. Any lighting or security facilities
16. Program participants shall possess a current driver's license, vehicle registration, and
insurance for the vehicle that will be parked in the designated space. CAPSLO shall keep a copy
of all three on record.
17. CAPSLO shall provide a recognizable parking permit for vehicles registered in the
program. This will assist CAPSLO staff and police officers to recognize vehicles which are
authorized to participate in the program.
18. Utilities such as water, electricity or gas shall not be connected with RVs or other
vehicles.
19. Vehicles may only be occupied by clients and approved registered household members.
Guests shall not be allowed.
20. Program participants and all household members who will be staying in vehicle must sign
an indemnification and waiver indemnifying and waiving all claims or causes of action against
the City, including relocation benefits. The City will provide a standard indemnification and
waiver form.
21. Program participants shall keep barking dogs in their vehicles and dogs demonstrating
aggressive behavior shall not be permitted to be maintained on City property. Pets shall be kept
on a leash at all times on the property. Animal waste shall be picked up immediately and
disposed of properly.
22. Program participants shall comply with all applicable local, state, and federal laws, rules
and regulations.
23. Failure of program participants to follow all program rules will result in termination from
the program.
24. Program rules shall be distributed to all program participants.
SECTION 3. Suspension of Municipal Code Enforcement. In order to facilitate the
operation of the pilot program, the City Council hereby suspends enforcement of Section
17.16.015 of the City of San Luis Obispo Municipal Code prohibiting the use of a recreational
vehicle as a dwelling unit as it applies to the City property located at 43 Prado Road, as shown in
Exhibit A. Enforcement of Section 17.16.015 on this property shall be suspended only for such
time period as the pilot program is authorized by the City to operate and enforcement shall
resume at such time as the pilot program is terminated.
Resolution No. 10342 (2012 Series)
Page 4
SECTION 4. City Manager Authority. The City Manager is authorized to act on behalf
of the City in executing any necessary agreements or other related actions to implement the safe
parking pilot program at the Prado Day Center.
On 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
the foregoing resolution was passed and adopted this 20`h day of March 2012.
G
May J Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED A TO FO
J
i
/J. C ' tine Dietrick
l Attorney
�I
Resolution No. 10342 (2012 Series)
Page 5
Exhibit A
-01 V `
a a1 Pilot Program
location
Prado Day Center o
.: Building
O
RESOLUTION NO. 10343 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
A PERMANENT RATE INCREASE FOR TAXI OPERATORS WITHIN THE
CITY OF SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi
service for its citizens; and
WHEREAS,234-Taxi L.L.C, Surf Cab Company and Tri Counties Transit (Yellow Cab)
are the current taxi operators in the City of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo (City) has received requests from 234-Taxi
L.L.C, Surf Cab Company, and Tri Counties Transit (Yellow Cab) for a permanent rate increase
due to significant cost increases associated with the price of unleaded gasoline; and
WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code
Chapter 5.20, the City held a hearing to evaluate the rate requests by taxi operators in the City;
and
WHEREAS, the City has determined the need for a permanent rate increase.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds that the costs of unleaded gasoline have risen
dramatically since taxi operator rates were last approved.
SECTION 2. The rates submitted by 234-Taxi L.L.C, Surf Cab Company, and Tri
Counties Transit (Yellow Cab) and reviewed by the City Council on March 20, 2012 are hereby
approved as set forth in Exhibit A to this Resolution.
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and
on the following vote:
AYES: Council Members Ashbaugh and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: Council Member Carter
ABSENT: None
R 10343
Resolution No.10343 (2012S ries)
Page 2
The foregoing resolution was adopted this 201h day of March 2012.
Mayor Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FO
J. istine Dietrick
L.-City Attorney
Resolution No.10343 (2012 Series)
Page 3
Exhibit A
Permanent Taxi Rates: Ap roved March 20,2012
Tri Counties=
Rates 234 Taxi LLC Surf Cab Co. YeDow Cab
Co.
Approved Approved Approved
Pick Up-flag drop $4.00 $4.00 $3.00
Pick Up Cash None None None
Discount
Per Mile $3.50 $3.50 $3.50
* Wait Time Per/Hr $35.00 $35.00 $30.00
Surcharge None None None
(2:30 am-6 am)
Credit Card Use None None None
Minimum Charge None I None None
c, i
RESOLUTION NO. 10344 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING
THE MADONNA INN BIKE PATH IMPROVEMENTS AND AUTHORIZING
THE MAYOR TO SIGN THE EASEMENT AGREEMENT
WHEREAS, the City Council approved a Memorandum of Understanding concerning
the Madonna Inn Bike Path; and
WHEREAS, the developer has satisfactorily completed the improvements for the bike
path in accordance with the approved plans, permits, City standards, and MOU, and has
requested acceptance of the public improvements for maintenance and operation by the City; and
WHEREAS, the developer has offered an easement for the operation of the bike path as
set forth in Exhibit A hereto.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the Madonna Inn Bike Path
improvements for city maintenance in accordance with the easement agreement.
SECTION 2. The City Council hereby approves the easement agreement attached hereto
as Exhibit A and authorizes the Mayor to sign the agreement.
SECTION 3. The City Clerk shall cause said easement agreement to be recorded.
Upon motion of Vice Mayor Carpenter, 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 adopted this 3`d day of Ap ' 012
or Marx
ATTEST:
CityCler
APPROV A TO F
J. Chr ' e Dietrick
City ttorney
R 10344
C11
�.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Public Works/Development Review
919 Palm Street
San Luis Obispo, CA 93401-3249
DEED OF PRIVATE EASEMENT AGREEMENT
FOR PUBLIC PURPOSES—PEDESTRIANIBICYCLE ACCESS
This Easement Agreement, is made and entered into this �� day of
e —, 2011, by and between Madonna Properties LLC, a California limited
liability company, as to Parcel 1 described in the attached preliminary title report prepared by First
American Title Company dated August 30, 2011 ("Title Report"); and Parcel 2 and 4 of said title
report; Pearce Madonna Partnership, a California Limited Partnership, as to Parcel 3 of said title
report, hereinafter collectively called "Owners", and the CITY OF SAN LUIS OBISPO, a municipal
corporation of the State of California, hereinafter called "City".
WITNESSETH
WHEREAS, Owners possess certain property(the"Subject Property") situated within the
City of San Luis Obispo, described in Title Report as follows: Parcel 1: (Parcel A of Certificate of
Compliance 1985-070661) (A.P.N.: 004-511-010 and 004-511-021); Parcel 2: (A.P.N.: 004-511-001
and 073-351-034), Parcel 3 (Certificate of Compliance 2008-033187) (A.P.N.: 073-351-035); Parcel
4 (Assessor's Parcel Number Not Yet Assigned).
WHEREAS, a Class I bicycle path has been constructed on the Subject Property that will
provide a physical connection for bicyclists and pedestrians and for City emergency or maintenance
vehicle access between the public right of ways beginning/ending at Marsh Street and Madonna
1 Road, and
1
WHEREAS, an offer of dedication of a pedestrian/bicycle easement was required pursuant to
the City of San Luis Obispo City Council Resolution No. 8965 (1999 Series), the Memorandum of
Understanding Among San Luis Obispo County Air Pollution Control District, City of San Luis
Obispo and Madonna Enterprises (February 2008), and in fulfillment of the Air Quality Mitigation
Measure AQ/mm-1 l a as stated in the Final Environmental Impact Report for the Irish Hills Plaza
project which identified and authorized the bicycle path extension; and
WHEREAS, Owners have offered to dedicate this pedestrian/bicycle easement and restrict
Owners' use of and activities on the Subject Property through the imposition of a perpetual
pedestrian/bicycle easement with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, in compliance with the
Resolution, Memorandum of Understanding and Mitigation Measure, and in further consideration of
the mutual promises, covenants and the conditions herein contained and the substantial public
benefits to be derived there from, the parties agree as follows:
1. Owners hereby grant to City a bicycle/pedestrian easement ("Easement") as described on
Exhibits A and B (Pearce) as to Parcel 3 of said title report and Exhibits A-1 and B-1
through B-6 (Madonna Inn) as to Parcels 1, 2, and 4 of said title report over the Subject
Property. Said grant of Easement conveys to City an estate and interest in the Subject
Property. The purpose of the Easement is to provide a physical extension of City's
bicycle and pedestrian path (hereinafter the "Bicycle Path Extension"), to allow the City
to operate and maintain the bicycle path extension, and for City emergency or
maintenance vehicle access (collectively referred to as "Easement Purposes").
2
2. The restrictions hereby imposed upon the use of the Easement by Owners shall be, as
follows:
a. The Bicycle Path Extension and associated improvements such as pathway lighting,
conduit, and drainage improvements may be constructed by Owners within the
Easement. Said encroachment shall be subject to review and approval by the City's
Public Works Department.
b. No signs,billboards, or similar structures or devices or advertising of any kind or
nature may be located on or in the Easement unless approved by the City.
c. Owners shall not plant or permit to be planted any vegetation within the Easement,
except for erosion control, fire protection, or soil stabilization as allowed or approved
by City's Natural Resources Manager or his/her designee.
1 d. Owners shall not act or omit to act in any manner that interferes with the Easement
Purposes without first obtaining the City's written permission.
3. This Easement shall remain in effect in perpetuity. However, if City, at any time,
abandons use of the Easement for a period of twelve consecutive months the Easement
shall be deemed forfeited and this Easement Agreement terminated in full. However,
before the Easement is deemed forfeited and this Easement Agreement terminated,
Owners shall provide notice to the City and allow the City 30 days to reclaim its rights
under the Easement and this Easement Agreement.
4. Land uses permitted or reserved to Owners by this grant shall be subject to the ordinances
of City regulating the use of land.
5. City agrees to maintain the requisite liability insurance needed to reasonably protect
Owners from all liability arising from use, operation and maintenance of the Easement
3
1
' for Easement Purposes by the City, and its agents, employees, volunteers or invitees,
name Owners as additional insured, and hold harmless Owners in perpetuity from actions
by the City, its agents, employees, volunteers or invitees arising from the use, operation
or maintenance of the Easement for Easement Purposes and not caused by the sole or
active negligence of Owners. Upon request, City shall provide Owners with written
proof of such insurance.
6. City agrees to maintain, repair and replace only the Bicycle Path Extension and related
improvements, including drainage improvements, on Subject Property that is used solely
for Easement Purposes and is not used for any other purpose. City shall have the right of
access to maintain, repair and replace the Bicycle Path Extension and related
improvements, including drainage improvements, as needed to provide for pedestrian and
1 bicycle access within the Easement in perpetuity pursuant to the Maintenance,
Monitoring & Construction (City of San Luis Obispo Bicycle Transportation Plan, May
2002, rev. February 2007). City agrees that its obligation to maintain, repair and replace
contained herein shall be to maintain, repair and replace in a manner consistent with that
needed to maintain the Bicycle Path Extension and related improvements to or better than
the condition it is in at the time this Easement is accepted and recorded.
7. City specifically agrees to maintain, repair and replace the fencing along the bicycle path
extension in a manner consistent with or better than its condition at the time this
Easement is accepted and recorded with the exception that, to the extent said fencing
incurs damage that is not a result of Easement Purposes, Owners shall be responsible for
the maintenance, repair and replacement of that portion of the fencing incurring such
damage.
4
8. Except as expressly provided in Paragraph 5 or elsewhere herein, Owners and City shall,
1 to the fullest extent permitted b law, indemnify and hold each other harmless against
P Y Y
any and all costs, expenses, losses, claims, suits, damages, and liabilities (including
reasonable attorney's fees) for acts or omissions arising out of or in connection with this
Easement Agreement.
9. The terms and conditions contained herein shall be binding on the parties hereto and their
heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year
first written above.
OWNERS /GRANTORS
By: O�.e•acic��
Phyl s Madonna
Madonna Properties, LLC
(a By: By
Clint Pearce Connie Pearce
Pearce Madonna Partnership Pearce Madonna Partnership
ALL SIGNATURES MUST BE NOTORIZED
CITY OF SAN LUIS OBISPO
5
By:
Y
Jan , Mayor
ATTEST:
Py
CITY CLERK Elaina Cano
APPROVED AS TO FO
LCof ATTORNEY Christine Dietrick
6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California --,, /,, f
County of (� l1U�✓ 4blhpo
On before me,
Date Her ns� e� an ill f the Otficer
personally appeared � L[.(J ,A A��. t P"&
Na e( Igner(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ip/are subscribed to the
within ..instrument and acknowledged to me that
baL%Wthey executed the same in bis,4;erJtheir authorized
capacity(ies), and that by kisfF�er/their signature(s) on the
B.K.MCGONA61LL instrument the person(s), or the entity upon behalf of
Conwdssion f 1856362 which the person(s) acted, executed the instrument.
-w Notary Public-California
San Luis Obispo CCU"
hb.0 Et iresdu127.2013 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand ano official se ?
Signature e5hole
Place Notary Seal Above Signatu?rbf Notary Pub;
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: e9Z 1�"& 12&7 ,
Document Date: Number of Pages:
Signer(s)Other Than Named Above: �
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 913132402•v .NationalNotary.org Item 95907 Reorder:Call Toll-Free 1-800-8766827
STATE OF CALIFORNIA j
e
COUNTY OF SAN LUIS OBISPO )
On April 10. 2012, before me Shervll Schroeder. Interim City Clerk,personally appeared
Jan Marx,Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of
which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal this l 1`h day of April, 2012.
Signature QL,�g Ae��
heryll Schroeder, Interim City Clerk
IX
1
1
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On April 10 2012 before me Sheryll Schroeder,.Interim City Clerk,personally-appeared
Christine Dietrick,City Attorney, CITY OF SAN LUIS OBISPO,who proved to me on the basis
of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal this 11°i day of April, 2012.
Signature
ity Clerk
Per Civil Code 1181
(Seal)
1
EXHIBIT A
(PEARCE)
A portion of Parcel 2 of COAL 07-0007 in the City and County of San Luis Obispo, State
of California as described in document recorded as Instrument No.2008-033187 in the
office of the County Recorder of said County, being more particularly described as
follows:
Beginning at an angle point in the state highway right-of-way of Highway 101 at station
29+00, 350.00 feet left as shown on State Highway Right-of-Way map 05-SLO-1 01-28.0;
Thence, along said state highway right-of-way South 38010'30" West 217.31 feet to an
angle point in said state highway right-of-way at station 27+00, 435.00 feet left as shown
on said State Highway Right-of-Way map;
Thence, continuing along said state highway right-of-way South 07008'40" East 65.55
feet to a point, said point being True Point of Beginning of an easement for public
pedestrian and bike path purposes 22.00 feet wide lying 11.00 feet on each side of the
following described centerline. The sidelines of said easement are to be extended or
shortened to terminate at the said state highway right-of-way line. Said True Point of
Beginning also being the beginning of a non-tangent curve concave to the east and
having a radius of 209.67 feet and to which point a radial bears North 77047'58" West;
1 Thence, leaving said state highway right-of-way and southerly along said curve through
a central angle of 19014'37" 70.42 feet to the end of said curve, and to which point a
radial bears South 82°57'25"West;
Thence, South 07010'40" East 361.64 feet to the beginning of a tangent curve concave
to the west and having a radius of 808.00 feet;
Thence, southerly along said curve through a central angle of 6056'40" 97.93 feet to a
point on the south line of said Parcel 2, and to which point a radial bears
North 89°46'00" East. Said point also being the Point of Terminus of said easement
centerline, the sidelines of which are to be extended or shortened to terminate at said
south line of said Parcel 2.
End of Description.
The description above is shown graphically on the attached Exhibit B, and made a part
hereof.
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EXHIBIT A-1
1 (MADONNA INN)
A portion of Blocks 147, 148, and 149 of J. Harford's Addition to the City of San Luis
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California as
shown on map recorded in Book A of Maps, at Page 123 in the office of the County
Recorder of said County, and a portion of Lot DD of the re-subdivision of Lots 58 and 61-
65 of J.T. Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna in
the City of San Luis Obispo, County of San Luis Obispo, State of California as shown on
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder,
being more particularly described as follows:
Beginning at an angle point in the state highway right-of-way of Highway 101 at station
29+00, 350.00 feet left as shown on State Highway Right-of-Way map 05-SLO-101-28.0;
Thence, along said state highway right-of-way South 38010'30" West 217.31 feet to an
angle point in said state highway right-of-way at station 27+00, 435.00 feet left as shown
on said State Highway Right-of-Way map;
Thence, continuing along said state highway right-of-way South 07°08'40" East 65.55
feet to a point, said point also being the beginning of a non-tangent curve concave to the
east and having a radius of 209.67 feet and to which point a radial bears North 77°47'58"
West;
Thence, leaving said state highway right-of-way and southerly along said curve through
a central angle of 19°14'37" 70.42 feet to the end of said curve, and to which point a
radial bears South 82057'25" West;
Thence, South 07°10'40" East 361.64 feet to the beginning of a tangent curve concave
to the west and having a radius of 808.00 feet;
Thence, southerly along said curve through a central angle of 6056'40" 97.93 feet to a
point on the south line of Parcel 2 as described in document recorded as instrument No.
2008-033187 in the office of the County Recorder of said County, and to which point a
radial bears North 89°46'00" East. Said point also being the True Point of Beginning
of an easement for Public Pedestrian and Bike Path purposes 22.00 feet wide lying
11.00 feet on each side of the following described centerline, the sidelines of said
easement are to be extended or shortened to terminate on the said south line of said
Parcel 2;
Thence, continuing southerly along said curve through a central angle of 1'07'28" 15.86
feet to the end of said tangent curve;
Thence, South 00053'28" West 346.52 feet to the beginning of a tangent curve concave
to the west with a radius of 1003.00 feet;
Thence, southerly along said curve through a central angle of 13°29'17" 236.12 feet to
the end of said curve;
1
C ® ;
Thence, South 14022'45"West 165.45 feet to the beginning of a tangent curve concave
to the east and having a radius of 5007.00 feet;
Thence, southerly along said curve through a central angle of 4045'42" 416.12 feet to the
end of said curve, and to which point a radial bears North 80022'57" West;
Thence, South 10010'21"West 410.75 feet to the beginning of a non-tangent curve
concave to the east having a radius of 33.25, and to which point a radial bears North
79°49'39"West;
Thence, southerly along said curve through a central angle of 7°27'17"4.33 feet to a
point at the end of said curve and to which point a radial bears North 87016'56" West;
Thence South 04013'11" West 82.78 feet to a point;
Thence, South 03007'45" West 35.56 feet to the beginning of a non-tangentcurve
concave to the west having a radius of 8935.50 feet and to which point a radial bears
South 87007'36" East;
Thence, southerly along said curve through a central angle of 0033'18" 86.57 feet to the
end of said curve, and to which point a radial bears South 86034'17 East;
Thence, South 06036'13"West 20.81 feet to the beginning of a non-tangent curve
concave to the west and having a radius 230.00 feet and to which point a radial bears
South 84058'23" East;
Thence southerly along said curve through a central angle of 12034'58" 50.51 feet to the
end of said curve, and to which point a radial bears South 72023'25" East;
Thence, South 18030'52" West 11.77 feet to a point at the beginning of a non-tangent
curve concave to the east having a radius of 73.00 feet and to which point a radial bears.
North 72016'14" West;
Thence southerly along said curve through a central angle of 16°17'01" 20.75 feet to the
end of said curve, and to which point a radial bears North 88033'16"West;
Thence, South 01 006'58" East 59.56 feet to a point;
Thence, South 0053'28" East 23.65 feet to the beginning of a non-tangent curve
concave to the west and having a radius of 255.00 feet and to which point a radial bears
South 86015'48" East;
Thence, southerly along said curve through a central angle of 8044'41" 38.92 feet to the
end of said curve, and to which point a radial bears South 77031'06" East:
Thence South 17052'45"West 20.74 feet to a point;
Thence South 09044'00" West 23.67 feet to a point;
1 Thence South 05018'22" West 37.16 feet to a point;
Thence South 08052'16"West 50.95 feet to the beginning of a tangent curve concave to
the west having a radius of 90.00 feet;
Thence southerly along said curve through a central angle of 57°10'20" 89.81 feet to the.
end of said curve;
Thence, South 66002'35"West 58.27 feet to the beginning of a tangent curve concave to
the south having a radius of 64.00 feet;
Thence, southwesterly along said curve through a central angle of 38°47'19" 43.33 feet
to a point at the end of said curve;
Thence, South 27°15'17"West 32.49 feet to a point;
Thence, South 34053'46"West 35.81 feet to a point;
Thence, South 44018'28"West 23.87 feet to the beginning of a non-tangent curve
concave to the northwest having a radius of 1042.00 feet and to which point a radial
bears South 43041'51" East;
Thence, southwesterly along said curve through a central angle of 3054'30" 71.08 feet to
the beginning of a reverse curve concave to the southeast having a radius of 153.00
feet;
1 Thence, southwest along said reverse curve through a central angle of 17°41'11" 47.23
feet to the end of said reverse curve;
Thence, South 32031'28"West 51.74 feet to the beginning of a non-tangent curve
concave to the northwest having a radius of 961.00 feet, and to which point a radial
bears South 49015'38" East;
Thence, southwest along said curve through a central angle of 6°08'11" 102.92 feet to
the end of said curve, and to which point a radial bears South 43007'23" East;
Thence, South 47°38'39" West 35.32 feet to the beginning of a tangent curve concave to
the north having a radius of 166.00 feet;
Thence, west along said curve through a central angle of 26°07'18" 75.68 feet to the end
of said curve, and to which point a radial bears South 16014'04" East;
Thence, South 72016'21" West 16.78 feet to the beginning of a non-tangent curve
concave to the north having a radius of 295.00 feet and to which point a radial bears
South 16°26'21" East;
Thence, west along said curve through a central angle of 7034'20" 38.99 feet to the end
of said curve, and to which point a radial bears South 08°52'01" East;
Thence, South 79058'47" West 31.18 feet to the Point of Terminus of said easement
1 centerline, the sidelines of said easement to terminate at right angles to said Point of
Terminus. The description above is shown graphically on the attached
Exhibits B-1 through B-6, and made a part hereof.
3
Together with a portion of a portion of Lot DD of the re-subdivision of Lots 58 and 61-65
of J.T. Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna in the
City of San Luis Obispo, County of San Luis Obispo, State of California as shown on
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder,
being more particularly described as follows:
Beginning at the said mentioned Point of Terminus;
Thence, North 10°01'13" West 7.01 feet to a point, said point being the True Point of
Beginning of a variable width easement for Public Pedestrian and Bike Path purposes;
Thence, South 79°16'22"West 25.37 feet to the beginning of a non-tangent curve
concave to the east having a radius of 184.00 feet and to which point a radial bears
North 84040'02"West;
Thence, south along said curve through a central angle of 6019'13" 20.30 feet to the end
of said curve and to which point a radial bears South 89°00'45"West;
Thence, South 01 034'41" East 77.21 feet to the beginning of a non-tangent curve
concave to the east having a radius of 80.00 feet and to which point a radial bears
South 88046'02"West;
Thence, south along said curve through a central angle of 23011'06" 32.37 feet to a point
on the state highway right-of-way line as shown on State Highway Right-of-Way Map
05-SLO-101-27.4 and to which point a radial bears South 65°34'56"West;
Thence, along said state highway right-of-way line South 67052'04" East 12.46 feet to
the beginning of a non-tangent curve concave to the east having a radius of 72.00 feet
and to which point a radial bears South 58°21'48"West;
Thence, leaving said state right-of-way line, north along said curve through a central
angle of 30°24'14" 38.21 feet to the end of said curve and to which point a radial bears
South 88°46'02"West;
Thence, North 01°34'41" West 70.53 feet to the beginning of a non-tangent curve
concave to the southeast having a radius of 20.00 feet and to which point a radial bears
North 85054'09" West;
Thence, north along said curve through a central angle of 56031'04" 19.73 feet to the
end of said curve and to which point a radial bears North 29023'06"West;
Thence North 79041'04" East 9.96 feet to a point;
SND SO
Thence, North 10°01'13" West 13.93 feet to the True Point of Beginning �.
o
End of Description. '' i N
The description above is shown graphically on the attachedq-
EXPIRES
Exhibits B-5, and B-6, and made a part hereof. No 729 P
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o
RESOLUTION NO. 10345 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REGARDING
COMPENSATION FOR THE UNREPRESENTED CONFIDENTIAL EMPLOYEES
AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the unrepresented confidential employees (Administration Executive
Assistant, Human Resources Administrative Assistant, Legal Assistant/Paralegal, and Human
Resources Specialist) of the City of San Luis Obispo met to identify sustainable reductions in total
compensation costs to achieve Council's labor relations objectives to reduce total compensation
costs and implement sustainable pension cost containment and reductions; and
WHEREAS, the unrepresented confidential 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; and
WHEREAS,the unrepresented confidential employees have demonstrated sensitivity to the
fiscal challenges facing the City by agreeing to no across the board salary increases (e.g. "cost of
living" increases) since December 2010; and
WHEREAS, the unrepresented confidential employees have also agreed to no increases in
the City's contribution to health care for the past two calendar years, while medical premiums have
increased in that same timeframe and will increase again in 2012; and
WHEREAS, the unrepresented confidential employees remain committed to providing
high quality service to the citizens of San Luis Obispo in an efficient and effective manner.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby revises unrepresented confidential employees compensation as follows:
SECTION 1. Unrepresented confidential employees will begin paying three percent of the
Member Contribution to CaIPERS effective June 28, 2012, six percent effective January 24, 2013
and the full eight percent effective June 27, 2013. The City will continue to report the Member
Contribution paid by the City as additional compensation to CaIPERS until June 27,2013.
SECTION 2. There will be no across the board salary increases (e.g. "cost of living"
increases).
SECTION 3. There will be no increase to the City's health contribution.
SECTION 4. The City shall continue to provide employees certain fringe benefits as set
forth in Exhibit"A", fully incorporated by reference.
SECTION 5. Unrepresented confidential employees acknowledge the City's need to
achieve long-term financial sustainability and pension cost reductions through the establishment
of a second tier retirement formula for new employees. If the City amends the Ca1PERS
R 10345
Resolution No. 10345 (Q2 Series)
Page 2
Miscellaneous contract to provide a second tier retirement formula, confidential employees will
participate as required by Ca1PERS.
SECTION 6. All prior resolutions relating to unrepresented confidential employees
compensation and benefits are hereby superseded to the extent inconsistent with this resolution.
SECTION 7. This resolution shall be in effect from January 1, 2012 through December
31, 2013.
SECTION 8. The Director of Finance and Information Technology shall reduce the
appropriate accounts to reflect the compensation changes.
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 10`h day of April 2012.
�M or fan Marx
ATTEST:
01
Sheryl] S hroeder
Interim City Clerk
APPROVED AS TO FORM:
I
J. C Mstine Dietrick
Attorney
C 10 EXHIBIT A
CONFIDENTIAL EMPLOYEES FRINGE BENEFITS 2012
Section A Medical,Dental, Vision
The City shall establish and maintain medical, dental and vision insurance plans for confidential
employees and their dependents. The City reserves the right to choose the method of insuring
and plans to be offered.
The City has elected to participate in the PERS Health Benefit Program pursuant to the Public
Employees' Medical and Hospital Care Act (PEMHCA) with the "unequal contribution option"
at the PERS minimum contribution rates, $112 per month for active employees and $106 for
retirees as of January 1, 2012. The City's contribution toward retirees shall be increased by 5%
per year of the City's contribution for the active employees until such time as contributions for
employees and retirees are equal.
Employees with proof of medical insurance elsewhere are not required to participate in the
medical insurance plan and may receive the unused portion of the City's contribution (after
dental and vision insurance is deducted) in cash in accordance with the City's cafeteria plan.
Those employees will be assessed $16.00 per month to be placed in the Retiree Health Insurance
Account. This account will be used to fund the City's contribution toward retiree premiums and
the City's costs for the Public Employees' Contingency Reserve Fund and Administrative Costs.
However, there is no requirement that these funds be used exclusively for this purpose, nor any
guarantee that they will be sufficient to fund retiree health costs, although they will be used for
employee benefits.
Employees will be required to participate in the City's dental and vision plans at the employee-
only rate. Should they elect to cover dependents in the City's dental and vision plans, they may
do so, even if they do not have dependent coverage for medical insurance.
Employees shall participate in term life insurance of$4,000 through payroll deduction as a part
of the cafeteria plan.
Section B Cafeteria Plan Contribution
The City's contribution to the Cafeteria Plan for regular, full-time employees will remain the
same as the 2010 amounts.
Employee Only $469 monthly
Employee + l $928 monthly
Employee+ Family $1255 monthly
Employees with proof of medical insurance elsewhere may elect to opt out of the City's medical
plan and receive a $200 cafeteria contribution. Employees who opted out of the City's medical
insurance coverage and were hired prior to August 31, 2008 were "grandfathered" in at the $790
per month contribution level, until that time when they elected to be covered under the tiered
contribution structure. An employee elects to be covered under the tiered contribution structure
EXHIBIT A
when he or she enrolls as an employee only or with dependents (employee plus one or family).
At that time the employee would no longer be grandfathered in at the $790 per month
contribution, but would receive the tiered contribution amount.
Employees hired prior to August 31, 2008 that had employee only medical insurance coverage
were "grandfathered" in at the $790 per month contribution level, until such time when they
added dependents or opted out. At that time the employee would no longer be grandfathered in
at the $790 per month contribution, but would receive the tiered contribution amount.
Less than full-time employees shall receive a prorated share of the City's contribution.
The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in the
event that an employee has exhausted all paid time off due to an employee's catastrophic illness.
Section C Life and Disability Insurance
The City shall provide the following special insurance benefits:
1. Long-term disability insurance providing 66 2/3% of gross salary (maximum benefit
$5, 000 per month) to age 65 for any sickness or accident, subject to the exclusions in
the long-term disability policy, after a 30-day waiting period.
2. In addition to $4,000 term life insurance purchased by the employee through the
cafeteria plan $25,000 term life insurance, including accidental death and
dismemberment.
Section D Retirement
The City shall provide the California Public Employees' Retirement System's (Ca1PERS) 2.7%
at 55 plan to all eligible employees including the amendments permitting conversion of unused
sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), one year final
compensation, and pre-retirement Option 2 death benefit.
The City shall no longer report as salary all Employer-Paid Member Contributions (EPMC)to
Ca1PERS for the purposes of retirement credit in accordance with Government Code Section
20636 (c) (4) effective June 27, 2013.
Section E Vacation
Vacation leave is governed by section 2.36.440 of the Municipal Code, except that it may be
taken after the completion of the sixth calendar month of service since the benefit date. Vacation
leave shall be accrued as earned each payroll period provided that not more than twice the annual
rate may be carried over to a new calendar year.
Vacation schedules for confidential employees shall be based upon the needs of the City and
then, insofar as possible, upon the wishes of the employee. A department head may not deny a
EXHIBIT A
confidential employee's vacation request if such denial will result in the loss of vacation accrual
by the employee, except that, a department head may approve a two-month extension of
maximum vacation accrual. However, in no event shall more than one such extension be granted
in any calendar year.
Confidential employees are eligible, once annually in December, to request payment for up to 40
hours of unused vacation provided that an employee's overall performance and attendance
practices are satisfactory.
Section F Administrative Leave
Confidential employees shall be granted 12 hours of administrative leave per calendar year.
Section G Holidays
Confidential employees shall receive 11 fixed plus 2 floating holidays per year. The floating
holidays shall be accrued on a semi-monthly basis and added to the vacation accrual.
Section H Sick Leave
Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to
16 hours per year of sick leave if required to be away from the job to personally care for a
member of his/her immediate family as defined in Section 2.36.420. This may be extended to 40
hours per year if the family member is part of the employee's household and to 56 hours if a
household family member is hospitalized and the employee submits written verification of such
hospitalization. If the family member is a child, parent or spouse, an employee may use up to 48
hours annually to attend to the illness of the child, parent or spouse, instead of the lesser
maximums above, in accordance with Labor Code Section 233.
In conjunction with existing leave benefits, confidential employees with one year of City service
who have worked at least 1,250 hours in the previous year may be eligible for up to 12 weeks of
Family/Medical Leave in accordance with the federal Family and Medical Leave Act and the
California Family Rights Act.
Sick leave may be used to be absent from duty due to the death of a member of the employee's
immediate family as defined in Section 2.36.420, provided such leave shall not exceed forty
working hours for each incident. The employee may be required to submit proof of relative's
death before being granted sick leave pay. False information concerning the death or
relationship shall be cause for discharge.
Upon termination of employment by death or retirement, a percentage of the dollar value of the
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or
beneficiaries according to the following schedule:
(A) Death—25%
(B) Retirement and actual commencement of Ca1PERS benefits:
U EXHIBIT A
(1) After ten years of continuous employment— 10%
(2) After twenty years of continuous employment— 15%
(3) After twenty-five years of continuous employment—20%
(4) After thirty years of continuous employment—25%
Section I Workers' Compensation Leave
An employee who is absent from duty because of an on-the-job injury in accordance with State
workers' compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his/her base salary and the amount provided by
workers' compensation law during the first ninety (90) business days of such temporary
disability absence. Eligibility for workers' compensation leave requires an open workers'
compensation claim.
RESOLUTION NO. 10346 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CEASING TO PAY AND
REPORT THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR
UNREPRESENTED CONFIDENTIAL EMPLOYEES 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 a resolution which reduces the
Employer Paid Member Contribution (EPMC) 3% effective June 28, 2012, 6% January 24, 2013
and which no longer provides for the normal member contributions to be paid by the employer and
reported as additional compensation effective June 27,2013; 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 Employer Paid Member Contributions (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 June 28, 2012, six percent of the normal contributions will be paid as EPMC, and
the same six percent (value) of compensation earnable {excluding Government Code
Section 20636(c)(4)) will be reported as additional compensation for the Unrepresented
Confidential Employees.
• Effective January 24, 2013, three percent of the normal contributions will be paid as EPMC,
and the same three percent (value) of compensation earnable {excluding Government Code
Section 20636(c)(4)) will be reported as additional compensation for the Unrepresented
Confidential Employees.
• Effective June 27, 2013 this benefit shall no longer apply to all employees of the
Unrepresented Confidential Employees.
• Effective June 27, 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)1 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 beginning June 28, 2012 elects to reduce the EPMC as set forth
above and effective June 27, 2013 elects to no longer pay the member contribution and therefore no
longer report EPMC as additional compensation.
SECTION 2. Directs that prior resolutions relating to the Unrepresented Confidential
Employees compensation and benefits are hereby superseded to the extent inconsistent with this
resolution.
R 10346
Resolution No. 10346 (2012 Series)
Page 2
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 10th day of April.
r,
May4rrarx
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO FORM:
J/ChOdme Dietrick
Cipf'Attorney
RESOLUTION NO. 10347 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING
ADMINISTRATIVE GUIDELINES IN CONNECTION WITH THE ISSUANCE AND
PROCESSING OF ADMINISTRATIVE CITATIONS PURSUANT TO CHAPTER 1.24
OF THE SAN LUIS OBISPO MUNICIPAL CODE AND AMENDING THE AMOUNT
OF ADMINISTRATIVE FINES PAYABLE UNDER CERTAIN CITATIONS
WHEREAS, on October 1, 2002, the City Council of the City of San Luis Obispo
adopted Ordinance No. 1426, which added new Chapter 1.24 to Title One of the San Luis
Obispo Municipal Code, entitled "Administrative Code Enforcement Procedures", pertaining to
the issuance of administrative citations for San Luis Obispo Municipal Code violations; and
WHEREAS, Chapter 1.24 of the San Luis Obispo Municipal Code provides that the City
Council shall by Resolution prepare and promulgate administrative guidelines consistent with the
goals and policies of Chapter 1.24 which establishes, among other things, the requirements for
the contents of a Notice of Administrative Citation and the requirements for proper service of
such a Notice; and
WHEREAS, on April 10, 2012, the City Council of the City of San Luis Obispo
introduced for first reading Ordinance No. 1576 (2012 Series) which amends Chapter 1.24 of the
San Luis Obispo Municipal Code and
WHEREAS, California Government Code Section 53069.4 and San Luis Obispo
Municipal Code Chapter 1.24 enables the City, acting as a charter city pursuant to Article XI,
Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines in
conjunction with the abatement of Municipal Code violations; and
WHEREAS, on September 17, 2002, the City Council adopted Resolution No. 9366,
effective October 1, 2002, establishing a Fine Schedule setting forth amounts of administrative
fines to be imposed pursuant to Chapter 1.24 of the San Luis Obispo Municipal Code, and
adopting Administrative Guidelines; and
WHEREAS, Resolution No. 9366 was subsequently amended by Resolution No. 9677 to
increase the fines for violations of Chapters 9.12 and 9.20; and
WHEREAS, the City Council desires to amend the current Administrative Guidelines to
bring them into conformance with the amended Chapter 1.24 and to lower the fine schedule for
certain violations that do not present an immediate threat to the public health and safety.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Amendments to the Administrative Guidelines for Chapter 1.24 of the
City of San Luis Obispo Municipal Code dated April 10, 2012, attached hereto as Exhibit A, are
hereby approved..
R 10347
Resolution No. 10347
Page 2
SECTION 2. The Fine Schedule established by the City Council on September 17, 2002
by Resolution No. 9366, amended by Resolution No. 9677, for administrative citations issued
pursuant to Chapter 1.24 of the San Luis Obispo Municipal Code is hereby amended as follows:
A. For a first violation of the San Luis Obispo Municipal Code, Chapter 17.17, excepting
sections 17.17.075(B) and 17.17.075(I), the administrative fine shall be the sum of Fifty Dollars
($50.00) for each such violation.
B. For the second violation of the same Code section occurring within twelve (12)
months of the prior violation, the administrative fine shall be the sum of One Hundred Dollars
($100.00).
C. For the third violation, or additional violations thereafter, of the same Code section
occurring within twelve (12) months of the first violation, the administrative fine shall be the
sum of Two Hundred Dollars ($200.00).
SECTION 3. This Resolution shall go into effect upon the final passage and effective
date of Ordinance No. 1576 amending Chapter 1.24 entitled "Administrative Code Enforcement
Procedures" to the San Luis Obispo Municipal Code.
Upon motion of Council Member Smith, 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 adopted this 10`x' day of April 2012.
Ma Jan Marx
ATTEST:
57
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO F .
J. stine Dietrick
ty Attorney
EXHIBIT A
ADMINISTRATIVE CITATION GUIDELINES
(Updated April 2012)
The following Guidelines have been compiled as the basic structure for implementation
of the Administrative Citation Program (Chapter 1.24 of the San Luis Obispo Municipal Code).
Individual Departments and Divisions may vary slightly in their specific application of the
Citation Program so long as the application complies with Chapter 1.24.
1. REQUESTS FOR INVESTIGATION
All requests for investigation of a code enforcement matter are to be processed through a
designated staff person. This staff person will create an enforcement case, and if appropriate
schedule a field investigation, and forward a field investigation report (FIR) form to the
appropriate supervisor/coordinator or staff.
2. INVESTIGATION
Upon receiving a field investigation report form, investigating staff when necessary may
review Permit Plan, the City's Records File(s), and Archive Plans (as needed) in order to prepare
for their site investigation. Site investigations will be conducted with staff's safety as a high
priority. If there is any indication of a possible hostile or confrontational environment on the
part of the property owner or other present party, City staff should consult with their supervisor
and should not hesitate to request assistance from the Police Department for the purpose of
keeping the peace.
Additionally, all investigations will be conducted pursuant to the requirement of law, and
in an efficient and courteous manner. Photographs/images will be obtained as needed based on
the judgment of the investigators.
Each field investigation report form will contain the following information:
a. Date of investigation;
b. Name of investigator;
C. Code sections violated;
d. Plain non-technical description of the violation;
e. Statement of remedy (what needs to be done); and
f. Time frames for follow-up investigations and for final abatement.
3. NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATION PREPARATION
Digital images/photos, when obtained, will be organized, numbered, and indexed as to
date, time and exact location and photographer. This will allow the City the proper foundational
basis for using the photograph as evidence at a later time, if necessary. The identified violations
on the field investigation report form shall reference the appropriate image/photo numbers that
depict the violation. The field investigation report form and the photos/images will be forwarded
to the designated staff person who shall be responsible for preparing the Notice of Violation
and/or Administrative Citation. Once these documents are prepared and reviewed, a final copy
will be prepared for posting and/or mailing to the appropriate individual or property or business
owner.
4. SERVICE OF NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATION
The Notice of Violation and/or Administrative Citation and any amended Notice of
Violation and/or Administrative Citation, shall be served by the following method:
a. Personal or Mailed Notice. Personal service or certified mail, postage prepaid,
return receipt requested, to each owner as required pursuant to the provisions of Chapter
1.24 of the Municipal Code at the address as it appears on the last equalized assessment
roll of the County or as otherwise known to staff. The address of the owner shown on the
assessment roll shall be conclusively deemed to be the proper address for the purpose of
mailing such notice. Simultaneously, a copy of the same notice shall be sent by first class
(regular) mail to the same address. If a notice that is sent by certified mail is returned
unsigned, then service shall be deemed effective pursuant to the regular mail, provided
the notice that was sent by regular mail is not returned.
b. Failure to Receive Notice. The failure of the person with an ownership (title)
interest in the property to receive any notice served in accordance with these guidelines
or Chapter 1.24 of the Municipal Code shall not affect the validity of any proceedings
taken under this Code. If the address of the owner of record, after diligent search, cannot
be found, the notice may be served by posting a copy thereof in a conspicuous place upon
the property for a period of ten(10) days.
5. SERVING A NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATION
Clerical staff may be designated to process all certified mail requests while investigation
staff will process all property posting requests themselves. Certified mail returned due to
inaccurate addressing will have the mailing information confirmed and be mailed once
more. Posting will be used in the event service by mail is unsuccessful. Posted notices
will be considered served 10 days after posting on the property in a conspicuous location.
Proper posting shall consist of enclosing the Notice in some form of sealed plastic and
either securely taping it to the property or stapling or tacking the Notice to a stake and
staking the property with the Notice.
6. PROOF OF SERVICE
Proof of service of the Notice of Violation and/or Administrative Citation shall be
documented at the time of service by a declaration under penalty of perjury executed by the staff
person effecting service, declaring the time and manner in which service was made and filed in
city records.
2
7. CONTENTS OF NOTICE OF VIOLATION
The Notice of Violation shall consist of the basic form, attached hereto as Attachment 1,
and should contain the following information:
a. The correct full name of the owner or owners.
b. The date on which an inspection established the Code violation.
C. The Municipal Code section violated.
d. The City address where the Code violation occurred.
e. A narrative description of the violation established by the inspection stated in
plain, simple, non-technical language. Photographs of the violation are
encouraged.
f. A narrative which describes the remedies for the abatement of the identified
violation.
g. For a Notice to Correct, a statement (warning) advising the individual, property
owner or business owner that if the described conditions are not abated within the
time frame specified, the City may proceed, as authorized by law, to assess an
administrative fine as authorized by Chapter 1.24 of the Municipal Code.
h. A summary and statement of the procedures necessary to pay the administrative
fine.
i. For a Notice to Correct, a statement advising that any person having any title
interest in the property may contest the Notice to Correct by submitting
information on a form to be approved by the Director issuing the Notice to
Correct. The form must be received by the Director's Department within ten(10)
days from the date of the Notice to Correct. The statement shall also include
notice that failure to contest the Notice to Correct shall deem either the Building
Official or the Director's interpretation of any code as final..
j For a Notice of Violation and/or Administrative Citation, a statement advising
that any person having any title interest in the property may appeal the
Administrative Citation to a Hearing Administrator. The statement shall also
include instructions has to how to request an appeal.
k. A statement that the Code violation is a public nuisance and that collection of
unpaid administrative fines may, at the City's option, be enforced as an
assessment or lien against the real property.
1. The signature of the staff person issuing the Notice of Violation and/or
Administrative Citation.
in. The date the Notice of Violation and/or Administrative Citation is issued.
n. Any other information deemed necessary by the City for due enforcement or fine
collection purposes.
8. RECORDS AND RECORD KEEPING. `
All final City staff work documents (except those documents identified as "Confidential —
Attorney/Client Communications") pertaining to the business of an enforcement case should be
immediately sent to the records division of the appropriate City Department for filing in the
street files. Incoming correspondence, reports, surveys, etc. should be immediately sent to the
3
records division for filing in the street files. Enforcement staff may keep duplicates of these
documents in their personal files if they wish. No original public records should be kept in
places other than the records division.
9. FOLLOW-UP INVESTIGATIONS.
Follow-up investigations may be scheduled by staff upon completion of the preparation
of a Notice of Violation and/or Administrative Citation. Investigating staff will keep their code
enforcement follow-up current. Follow-up investigations maybe scheduled as follows:
a. For violations which do not need permitting, at the end of the prescribed time
frame;
b. At time of permit application; and
C. At time of permit issuance dates.
10. CLOSING CASES.
Enforcement cases will be closed once all applicable fines and fees have been paid in full,
and the violation has been abated or a building permit has been finally inspected and approved
for occupancy.
11. APPEALS AND HEARINGS.
A Notice to Correct and an Administrative Citation may be appealed in accordance with
Sections 1.24.090 through 1.24.130 of the Municipal Code.
12. PAYMENT OF ADMINISTRATIVE FINES.
All fines may be paid in person at the Finance Department located at 990 Palm Street.
Mailed payments are to be addressed to City of San Luis Obispo, Finance Department, 990 Palm
Street, San Luis Obispo, CA 93401-3249.
4
RESOLUTION NO. 10348 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE
PREPARATION AND APPLICATION FOR GRANT FUNDS FOR A
CERTIFIED LOCAL GOVERNMENT GRANT TO FUND THE PREPARATION
OF AN HISTORIC CONTEXT STATEMENT
WHEREAS, The City of San Luis Obispo is now a participant in the Certified Local
Government program with the State Office of Historic Preservation effective March 22, 2012;
and
WHEREAS,the City does not currently have a comprehensive context statement; and
WHEREAS, the preparation of a context statement will assist current and future historic
preservation efforts in the City; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on March 26, 2012 to consider pursuing grant funding to prepare a historic context
statement and endorsed application for a grant of$25,000; 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 April 17,
2012 for the purpose of considering the grant application fora historic context statement; and
WHEREAS, the City Council endorses use of City staff, volunteer, and Cultural
Heritage Committee member time to provide the required "in-kind"match for the grant.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo:
1. Approves the preparation and filing of an application for grant funding to prepare an
historic context statement.
2. Appoints the Community Development Director, or designee, to execute all documents
including, but not limited to applications, agreements, payment requests, and other
documents as may be required for grant application and acceptance.
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
R 10348
Resolution No. 10348 (2012 Series)
Page 2
The foregoing resolution was adopted this 17th day April 2012.
dyoan Marx
ATTEST:
Sheryll <chroeder
Interim City Clerk
APPROVED AS TO FORM:
r
Christin ietrick
CitkAkomey
�I 0
RESOLUTION NO. 10349 (2012 Series)
A RESOLUTION OF THE OF THE CITY OF SAN LUIS OBISPO APPROVING
MODIFICATIONS OF 2012 CDBG FUNDING ALLOCATIONS
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, On March 13, 2012, County staff received HUD's new estimated CDBG
funding allocation for the 2012 Program Year and informed the City that its allocation will be
$506;558, which is $66,567 (11.6%) less than previously approved by Council; and
WHEREAS, The City Council has considered HUD's new estimated funding allocations
and determined that modifications are necessary to balance the 2012 CDBG Program Year
budget.
NOW, THEREFORE, BE IT RESOLVED, by the 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. 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 3. 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
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.
R 10349
Resolution No. 10349 (2012 S(;L,es)
Page 2
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 17`h day of April, 2012.
M or Jan Marx
ATTEST:
,O�LGcQ-ee�L-.
Sheryl] chroeder
Interim City Clerk
APPROVED AS TO FORM:
C stine Dietrick
CiTy Attorney
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RESOLUTION NO. 10350 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING
THE FARE STRUCTURE FOR SAN LUIS OBISPO ("SLO") TRANSIT
WHEREAS, cash and prepaid fares on SLO Transit changed in October 2010 in
accordance with the Council adopted Short Range Transit Plan; and
WHEREAS, following a public hearing that was properly noticed, the City Council
adopted Resolution No. 10223 (2010 Series) approving the current fare structure for SLO
Transit; and
WHEREAS, staff is recommending that Council approve a pass purchase discount of
fifteen (15%) percent for bulk purchases of fifty (50) SLO Transit passes or more ("Bulk Pass
Discount"); and
WHEREAS, approval of the pass purchase discount of fifteen (15%) percent for bulk
purchases of fifty (50) SLO Transit passes or more does not result in a fare increase or reduction
in transit services; and
WHEREAS, the City Council finds based on data presented that the Bulk Pass Discount
does not appreciably increase the costs of providing service.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1: The current fare structure as set forth in Exhibit A of Resolution No. 10223
(2010 Series) is hereby amended to add the following after paragraph 22:
23. BULK PASS DISCOUNT
a. A bulk pass discount of fifteen(15%) percent shall be applied for SLO Transit pass sales of
fifty(50)or more.
b. The bulk pass discount shall not apply to the Senior/Disabled 31 Day Pass (Paragraph #'n
and Senior-Disabled 15 Ride Pass (Paragraph#14).
SECTION 2: The Bulk Pass Discount as set forth herein shall be effective May 1, 2012.
Upon motion of Council Member Carter, seconded by Council Member Smith, and on
the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, and Vice Mayor
Dan Carpenter
NOES: Mayor Marx
ABSENT: None
R 10350
Resolution No. 10350 (2012 Styles) 10
Page 2
The foregoing resolution was adopted this 17'h day of April 2012.
L
Slatr J n Marx
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO FORM:
J. Stine Dietrick
ity Attorney
RESOLUTION NO 10351 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADJUSTING
COMPENSATION FOR THE CITY ATTORNEY
WHEREAS, on January 1, 2010 the City Council approved such a contract of
employment appointing Christine Dietrick to the position of City Attorney; and
WHEREAS, the City Council conducted a performance evaluation on March 23, 2012,
in accordance with the Appointed Officials' Performance Process as modified in December of
2011.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective April 12, 2012, the City Attorney's salary shall be increased
3.5% per month.
SECTION 2. All other compensation and benefits afforded the City Attorney under
Management Compensation Resolution No. 10315 (2011 Series) and the City Attorney
Employment Agreement, not superseded by the above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City Attorney
annually.
On motion of Council Member Carter, seconded by Council Member Smith, and on the
following vote:
AYES: Council Members Ashbaugh, Carter and Smith, and Mayor Marx
NOES: Vice Mayor Carpenter
ABSENT: None
The foregoing resolution was adopted this 17`h day of April 2012.
TleL�
Ma J Marx
ATTEST:
Sheryll Sclilroeder
Interim City Clerk
APPR ED O
Andrea S Visveshwara
Assistant City Attorney
R 10351
RESOLUTION NO. 10352 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CEASING TO PAY AND
REPORT THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR
UNREPRESENTED CONFIDENTIAL EMPLOYEES 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 adopted Resolution No.
10345, which reduces the Employer Paid Member Contribution (EPMC) a total of 3% effective
June 28, 2012, and a total of 6% effective January 24, 2013 and provides that the City will no
longer report the normal member contributions to be paid by the employer and as additional
compensation effective June 27, 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 providing that the City will no longer
pay and report the value of said Employer Paid Member Contributions.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective beginning June 28, 2012, the City elects to reduce the EPMC as
set forth in Section 2 and effective June 27, 2013 elects to no longer pay the member contribution
and therefore no longer report EPMC as additional compensation.
SECTION 2. The City's payment and reporting of the EPMC benefit to its
Unrepresented Confidential Employees shall be reduced and modified as follows:
a. Effective June 28, 2012, five percent of the normal contributions will be paid as EPMC,and
the same five percent (value) of compensation earnable {excluding Government Code
Section 20636(c)(4)) will be reported as additional compensation for the Unrepresented
Confidential Employees;
b. Effective January 24, 2013, two percent of the normal contributions will be paid as EPMC,
and the same two percent (value) of compensation earnable {excluding Government Code
Section 20636(c)(4)) will be reported as additional compensation for the Unrepresented
Confidential Employees;
c. Effective June 27, 2013 employees of the Unrepresented Confidential Employees shall
cease to receive the EPMC benefit; and
d. Effective June 27, 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.
R 10352
Resolution No. 10352 (2012 Series)
Page 2
SECTION 3. Directs that prior resolutions relating to the Unrepresented Confidential
Employees compensation and benefits are hereby superseded to the extent inconsistent with this
resolution.
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 17`t' day of April.
/I
May r Jn Marx
ATTEST:
Sheryll Khroedei
Interim City Clerk
APPROVED AS TO FORM:
J. C Vstine Dietrick
CW Attorney
RESOLUTION NO. 10353 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUPPORTING
PROPOSITION 29, THE CALIFORNIA CANCER RESEARCH ACT
WHEREAS, the California Cancer Research Act is a state ballot measure which, if
passed by voters in June 2012, would generate revenues with the goal to save lives by preventing
104,000 premature smoking caused deaths; and
WHEREAS, more than 332,000 California high school students are current smokers,
more than 34,000 California youth start smoking every year, and 3,383,000 California adults are
current smokers, and
WHEREAS, the California Cancer Research Act would increase the state's tobacco tax
by $1 per pack and, according to the Campaign for Tobacco-Free Kids, the $1 tax increase alone
would prevent 228,000 children from becoming smokers in adulthood and would encourage
more than 118,000 adult smokers in California to quit smoking; and
WHEREAS, it is estimated that the California Cancer Research Act would provide
nearly $600 million annually to fund research and make advances in the prevention, detection,
treatment, causes and cures for cancer, lung disease, heart disease and stroke, and other tobacco-
related illnesses; and
WHEREAS, it is estimated that the California Cancer Research Act would provide more
than $156 million annually to the state's existing tobacco control programs to prevent and reduce
the use of tobacco, including school based programs to reduce youth smoking; and
WHEREAS, the Legislative Analyst Office analysis of the California Cancer Research
Act determined that local governments collectively would likely experience an annual increase in
sales tax revenues of approximately $10 million; and
WHEREAS, providing the funding needed to keep California's anti-smoking programs
strong can help keep children from smoking and give smokers the help they need to quit; and
WHEREAS, it is estimated that the California Cancer Research Act would provide $23
million annually for law enforcement efforts to reduce illegal sales of tobacco products to
minors, and other anti-tobacco law enforcement; and
WHEREAS, it is estimated that the California Cancer Research Act will result in $5.1
billion in long-term health savings from reduced smoking; and
WHEREAS, cigarette smoking and other uses of tobacco remain the leading causes of
cancer, heart disease and stroke, and lung disease in California; and
WHEREAS, more than 36,000 adults die annually from smoking in California.
R 10353
Resolution No. 10353 (2012 Series)
Page 2
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 supports Proposition 29, the California
Cancer Research Act of 2012, and its goals to reduce smoking, especially among children, and
fund critical research to prevent and treat cancer, heart disease and stroke, lung disease and other
tobacco-related illnesses.
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
The foregoing resolution was adopted this I" day of May 2012.
�,44L
or•'Jan Marx
ATTEST:
Sheryll Schroeder
Interim City Clerk
'stine Dietrick
City Attorney
RESOLUTION NO. 10354 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING ITS COUNCIL
POLICIES AND PROCEDURES MANUAL
WHEREAS, the City Council has adopted a certain manual entitled "Council Policies
and Procedures" to define and ensure the proper conduct of the City's business by the City
Council and in compliance with State law and the City's Charter and Ordinances; and
WHEREAS, the Council periodically revises its Council Policies and Procedures
Manual to ensure clarity, consistency with state law, and conformity with the City Charter and
Ordinances.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo:
SECTION 1. Section 1.3.6.6 of the Council Policies and Procedures Manual is amended
to read as follows:
1.3.6.6 A roll call (voice) vote shall be taken for each Council action and include the following
practice: the Mayor direct "Those in favor of the adoption of the motion will, as their names are
called, answer yes; those opposed, will answer no; the City Clerk will call the roll for the roll call
vote in the following manner: 1) Maker of the motion; 2) Member who has seconded the motion;
3) Additional Council members in alphabetical order by last name; and 4) Mayor last. The City
Clerk shall state for the record the name of any Council member who is recused or has abstained,
which abstention will be counted as a vote with the majority, unless legally required. The consent
agenda will be considered a single action for purposes of the roll call vote.
SECTION 2. Section 5.5 —Mail Handling Policy- shall be added to the Council Policies
and Procedures Manual, to read as follows:
5.5 COUNCIL MAIL HANDLING
All incoming mail addressed to the Mayor and Council Members, will be handled by the City
Clerk's staff in the following manner:
5.5.1 Both paper and electronic mail addressed to Council members and delivered to City Hall,
or any other City building or facility, or via any City equipment, account, or network, is
presumed to be a public record, subject to retention and disclosure requirements as set forth in
the City's Records Retention Policy and the California Public Records Act, unless an express
legal exemption or privilege applies. Council members shall consult with the City Attorney prior
to withholding or destroying any document or correspondence received in connection with their
service for the City, except as specified herein. Electronic mail is additionally subject to the
City's Electronic Mail policy and Sections 5.4.2 and 5.4.5. Electronic mail will be retained and
accessed in accordance with applicable laws and City Information Technology policies.
R. 10354
Resolution No. 10354 (2012 Series)
Page 2
5.5.2 Paper mail addressed to an individual Council member and marked "private," "personal"
or "confidential" shall be date stamped on the envelope or package and shall be logged in by
City Clerk's staff in a manner that records the date of receipt, method of delivery, sender (if
reflected on the face of envelope or package received), and recipient. The original will then be
placed in the addressee's City mailbox unopened. If mail has not been retrieved from the
Council member's mailbox within 2 business days, such mail shall be retrieved by City Clerk's
staff and handled in accordance with Section 5.5.3.
5.5.2.1 Once opened and reviewed by the Council member, any correspondence that
reflects any comment, complaint, inquiry, or request that is or may be related to any
matter of City business shall, within 2 business days, be copied as the Council member
deems appropriate and the original document delivered to the City Clerk for handling in
accordance with Section 5'.5.3. Personal notes (e.g. birthday or holiday cards) that do not
implicate City business need not be provided to staff or retained pursuant to Section
5.5.3.
5.5.3. All paper mail sent to Council (either as a group or to each Council Member) will be
opened, date stamped and the envelope will be stapled to the back of the correspondence. Copies
of each correspondence will be scanned and distributed to Council via an email as soon as
possible. The original will be filed in the City Clerk's office consistent with the City's document
retention policy.
5.5.3.1 Any public correspondence received on behalf of Council that requires staff to
follow up with a response on an issue unrelated to a current agenda item will be
distributed to Council per Section 5.5.3. Once the written response is prepared by the
appropriate department (normally within two weeks) it will be sent to the person who
initiated correspondence with the City Council, and all Council Members will receive a
copy of the response. Items that require staff follow-up include, but may not be limited
to, complaints, information requests, service requests, or other similar correspondence.
Responses should be provided in the manner they were received (e.g. an e-mail response
is appropriate for e-mail received, and a written response is appropriate for letters
received in the mail).
5.5.3.2 Any public correspondence received on behalf of Council that is related to a current
agenda item will be handled via the Agenda Correspondence procedure as stated in Section
1.3.7.
SECTION 3. Chapter Seven—Council Confidentiality Policy—is hereby added to the
Council Policies and Procedures Manual to read as follows:
CHAPTERSEVEN
COUNCIL CONFIDENTIALITY POLICY
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE
Resolution No. 10354 (2012 Series)
Page 3
7.1.1 PURPOSE AND INTENT
In order to keep the City Council fully informed about pertinent legal issues that may
impact the City Council's decision-making, the City Attorney and other attorneys
retained to represent the City issue confidential legal opinions and/or conducts closed
sessions when authorized to do so by the Brown Act. Unauthorized disclosures of
confidential information obtained from such confidential communications harm the City
by compromising the City's negotiating positions, diminishing the willingness of City
staff and other Council members to communicate fully and frankly with the City
Attorney, and exposing the City to unwarranted litigation risks and significant damages
awards against the City. It is the intent of the Council that the City's confidential
information shall be maintained inviolate and that unauthorized disclosures of such
information be deterred and/or censured.
7.1.2 PROHIBITION AGAINST DISCLOSURE
No person in receipt of Confidential Information, as defined herein, shall disclose or
cause to be disclosed all or part of any confidential information to any unauthorized
person.
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE
Any Councilmember disclosing or causing to be disclosed confidential information to any
unauthorized person may be subject to public censure by the City Council. Any censure
proceeding shall be conducted in accordance with a process established by the City Council and
shall, at a minimum, ensure that no public censure will occur unless the accused Councilmember
has been provided with notice of the accusation of unauthorized disclosure, the facts supporting
such accusation, and an opportunity to be heard regarding the allegations.
7.3 DEFINITIONS
For purposes of this policy, the following words and phrases shall be defined as follows:
7.3.1. CAUSE TO BE DISCLOSED
Failure to exercise due care in maintaining the confidentiality of the Confidential
Information, whether verbal or written.
7.3.2 CONFIDENTIAL INFORMATION
7.3.2.1 Any information within the scope of a duly authorized closed session,
whether provided orally or in writing, by any attorney, consultant, staff member
or Council member acting within the scope of the closed session (See Gov't. Code
Sec. 54963); or
Resolution No. 10354 (2012 Series)
Page 4
7.3.2.2 Any oral or written communications by or from the City Attorney,
Assistant City Attorney, or any retained counsel representing the City's legal
interests containing the attorney's legal opinions, advice, thoughts, mental
impressions or conclusions that are given on behalf of the City.
7.3.2.3 Confidential Information does not include information that is: required by
law to be reported out of closed session; authorized to be disclosed by a majority
vote of the City Council; or otherwise authorized to be disclosed under the law.
7.3.3 UNAUTHORIZED PERSON
7.3.3.1 With respect to confidential information communicated during a closed
session, any person, other than a Councilmember, not in attendance at the closed
session; or
7.3.3.2 Any person to whom the oral or written confidential information is not
directed or addressed; or
7.3.3.3 Any person who has a disqualifying conflict of interest in the subject
matter of the confidential information.
7.3.3.4 Unauthorized person does not include Charter Officers and Department
Heads and the staff of Charter Officers and Department Heads, when such
persons have a need to know the confidential information in order to discharge the
duties of their positions for the benefit of the City.
SECTION 4. Staff is directed to review the Council Policies and Procedures Manual for
typographical and clerical errors and to correct any such errors prior to final publication.
SECTION 5. A copy of the Council Policies and Procedures Manual shall be
maintained on file in the Office of the City Clerk, shall be distributed to all Council Members
and Department Heads, and shall be available to the public online and during reasonable
business hours.
Upon motion of Council Member Carter, seconded by Council Member Smith, and on
the following vote:
AYES: Council Members Carter and Smith, Vice Mayor Carpenter and Mayor
Marx
NOES: Council Member Ashbaugh
ABSENT: None
Resolution No. 10354 (2012 Series)
Page 5
The foregoing resolution was adopted this 8th day of May 2012.
ni�
Mayor J arx
ATTEST:
S eryl�oeder
Interim City Clerk
raPPROVED AS TO FO
J1 Christine ietrick
Ctiity Att ey
RESOLUTION NO. 10355 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT
BOARD AUTHORIZING THE ISSUANCE AND SALE OF REFUNDING LEASE
REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,300,000
TO REFINANCE OUTSTANDING 2001 BONDS, AND APPROVING RELATED
LEASES, DOCUMENTS AND ACTIONS
WHEREAS, the City of San Luis Obispo Capital Improvement Board (the "Board") has
been formed for the purpose of providing financial assistance to the City of San Luis Obispo (the
"City") in financing its public capital improvements; and
WHEREAS, in order to provide financing for various public capital improvements, the
Board has previously issued its City of San Luis Obispo Capital Improvement Board 2001 Lease
Revenue Refunding Bonds, Series C in the aggregate original principal amount of $7,285,000
(the "2001 Bonds"); and
WHEREAS, the City and the Board have determined that it is in the financial interests of
the City and the Board to refinance the outstanding 2001 Bonds at this time, and in order to
provide funds for that purpose the Board proposes to authorize the issuance and sale of its City of
San Luis Obispo Capital Improvement Board 2012 Refunding Lease Revenue Bonds in the
aggregate principal amount of not to exceed $5,300,000 (the "Refunding Bonds"); and
WHEREAS, in order to provide revenues to pay debt service on the Refunding Bonds,
the City has proposed to lease certain land and facilities which previously have been leased in
connection with the 2001 Bonds, consisting of athletic fields known generally as the Damon-
Garcia Sports Fields (the "Leased Property"), to the Board under a Site Lease and the Board has
proposed to lease the Leased Property back to the City under a Lease Agreement, in
consideration of the payment by the City of semiannual lease payments;and
WHEREAS, the Board is authorized to issue the Refunding.Bonds under the provisions
of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government
Code, commencing with Section 53570 of said Code (the "Refunding Bond Law").
NOW, THEREFORE, BE IT RESOLVED by the City of San Luis Obispo Capital
Improvement Board as follows:
SECTION 1. Authorization of Bonds. The Board hereby authorizes the issuance of the
Refunding Bonds under the Refunding Bond Law in the principal amount of not to exceed
$5,300,000, for the purpose of providing funds to refinance the 2001 Bonds in whole or in part.
SECTION 2. Approval of Related Financing Agreements. The Board hereby approves
each of the following agreements required for the issuance and sale of the Refunding Bonds in
substantially the respective forms on file with the Secretary together with any changes therein or
additions thereto deemed advisable by the Executive Director or the Chief Financial Officer
(each, an "Authorized Officer"), and the execution thereof by an Authorized Officer shall be
conclusive evidence of the approval of any such changes or additions. An Authorized Officer is
R 10355
Resolution No. 10355 (2012 series)
Page 2
hereby authorized and directed for and in the name and on behalf of the Board to execute, and the
Secretary is hereby authorized and directed to attest to, the final form of each of the following
agreements:
• Indenture of Trust, between the Board and U.S. Bank National Association, as trustee (the
"Trustee"), setting forth the terms and provisions relating to the Refunding Bonds.
• Site Lease, between the City as lessor and the Board as lessee, under which the City
continues to lease the Leased Property to the Board in consideration of the payment of the
Site Lease Payment which will be applied by the City to refinance the 2001 Bonds.
• Lease Agreement, between the Board as lessor and the City as lessee, under which the
Board continues to lease the Leased Property back to the City and the City agrees to pay
semiannual lease payments which are sufficient to provide revenues with which to pay
principal of and interest on the Refunding Bonds when due.
• Assignment Agreement, between the Board and the Trustee, whereby the Board assigns
certain of its rights under the Lease Agreement to the Trustee for the benefit of the
owners of the Refunding Bonds.
• Irrevocable Refunding_Instructions, among the Board, the City and U.S. Bank National
Association, as escrow bank, relating to the refinancing of the 2001 Bonds.
SECTION 3. Sale of Bonds. The Board hereby authorizes and directs the competitive
sale of the Refunding Bonds in accordance with the Notice of Sale in substantially the form on
file with the Secretary together with any changes therein or additions thereto deemed advisable
by an Authorized Officer. An Authorized Officer is hereby authorized and directed to accept the
best bid for the sale of the Refunding Bonds, as determined in accordance with the Notice of
Sale.
Pursuant to Section 53692 of the Government Code, Jones Hall, as bond counsel to the
Board, is hereby authorized and directed to cause a Notice of Intention to Sell Bonds, in form and
substance acceptable to said firm, to be published once in The Bond Buyer not later than 15 days
prior to the date set for receipt of bids on the Refunding Bonds.
SECTION 4. Official Statement. The Board hereby approves and deems nearly final
within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934, the preliminary
Official Statement describing the Refunding Bonds in the form on file with the Secretary. An
Authorized Officer is individually authorized, at the request of the purchaser of the Refunding
Bonds, to execute an appropriate certificate affirming the Board's determination that the
preliminary Official Statement has been deemed nearly final within the meaning of such Rule.
Distribution of the preliminary Official Statement by the purchaser of the Refunding Bonds is
hereby approved. An Authorized Officer is hereby authorized and directed to approve any
changes in or additions to a final form of said Official Statement, and the execution thereof by an
Authorized Officer shall be conclusive evidence of approval of any such changes and additions.
The Board hereby authorizes the distribution of the final Official Statement by the purchaser of
the Refunding Bonds. The final Official Statement shall be executed in the name and on behalf
Resolution No. 10355 (2012 series)
Page 3
of the Board by an Authorized Officer.
SECTION 5. Engagement of Professional Services. The Board hereby confirms the
engagement of Jones Hall, A Professional Law Corporation, as bond counsel and disclosure
counsel, and the firm of Fieldman, Rolapp & Associates, as financial advisor, in connection with
the issuance and sale of the Refunding Bonds, in accordance with the existing agreements
between the City and each of such firms.
SECTION 6. Official Actions. The President, the Executive Director, the Chief
Financial Officer, the Secretary and all other officers of the Board are each authorized and
directed in the name and on behalf of the Board to make any and all assignments, certificates,
requisitions, agreements, notices, consents, instruments of conveyance, warrants and other
documents, which they or any of them might deem necessary or appropriate in order to
consummate any of the transactions contemplated by the agreements and documents approved
under this Resolution. Whenever in this Resolution any officer of the .Board is authorized to
execute or countersign any document or take any action, such execution, countersigning or action
may be taken on behalf of such officer by any person designated by such officer to act on his or
her behalf in the case such officer is absent or unavailable.
SECTION 7. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.
Upon motion of Council Member Carter, 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 passed and adopted this 8th day of May 2012.
C
;iNt
ATTEST:
Sheryll ScEroeder
Interim Secretary
APPRP>TD AS T �FO
i
J. 'stine Dietrick
oard Attorney
RESOLUTION NO. 10356 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING DOCUMENTS
AND ACTIONS RELATING TO THE REFINANCING OF OUTSTANDING 2001
BONDS BY THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD
WHEREAS, the City of San Luis Obispo Capital Improvement Board (the "Board") has
been formed for the purpose of providing financial assistance to the City of San Luis Obispo (the
"City") in financing its public capital improvements; and
WHEREAS, in order to provide financing for various public capital improvements; the
Board has previously issued its City of San Luis Obispo Capital Improvement Board 2001 Lease
Revenue Refunding Bonds, Series C in the aggregate original principal amount of $7,285,000
(the "2001 Bonds"); and
WHEREAS, the City and the Board have determined that it is in the financial interests of
the City and the Board to refinance the outstanding 2001 Bonds at this time, and in order to
provide funds for that purpose the Board proposes to authorize the issuance and sale of its City of
San Luis Obispo Capital Improvement Board 2012 Refunding Lease Revenue Bonds in the
aggregate principal amount of not to exceed $5,300,000 (the"Refunding Bonds"); and
WHEREAS, in order to provide revenues to pay debt service on the Refunding Bonds,
the City has proposed to lease certain land and facilities which previously have been leased in
connection with the 2001 Bonds, consisting of athletic fields known generally as the Damon-
Garcia Sports Fields (the "Leased Property"), to the Board under a Site Lease and the Board has
proposed to lease the Leased Property back to the City under a Lease Agreement, in
consideration of the payment by the City of semiannual lease payments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Issuance of Bonds by the Board. The City Council hereby approves the
issuance of the Refunding Bonds by the Board in the principal amount of not to exceed
$5,300,000, for the purpose of providing funds to refinance the 2001 Bonds.
SECTION 2. Approval of Related Financing Agreements. The City Council hereby
approves each of the following agreements required for the issuance and sale of the Refunding
Bonds in substantially the respective forms on file with the City Clerk together with any changes
therein or additions thereto deemed advisable by the City Manager or the Director of Finance and
Information Technology (each, an "Authorized Officer"), and the execution thereof by an
Authorized Officer shall be conclusive evidence of the approval of any such changes or
additions. An Authorized Officer is hereby authorized and directed for and in the name and on
behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest to, the
final form of each of the following agreements:
R 10356
Resolution No. 10356 (2012 Series)
Page 2
• Site. Lease, between the City as lessor and the Board as lessee, under which the City
continues to lease the Leased Property to the Board in consideration of the payment of the
Site Lease Payment which will be applied by the City to refinance the 2001 Bonds.
• Lease Agreement, between the Board as lessor and the City as lessee, under which the
Board continues to lease the Leased Property back to the City and the City agrees to pay
semiannual lease payments which are sufficient to provide revenues with which to pay
principal of and interest on the Refunding Bonds when due.
• Irrevocable Refunding Instructions, among the Board, the City and U.S. Bank National
Association, as escrow bank, relating to the refinancing of the 2001 Bonds.
SECTION 4. Legal Authority. The City Council hereby finds and determines that it is
authorized to enter into the documents which are approved pursuant to Section 3 under the
municipal affairs powers of the City as a charter city of the State of California, subject only to the
limitations of Section 906 of the City Charter.
SECTION 5. Sale of Bonds by the Board. The City Council hereby approves the
competitive public sale of the Refunding Bonds. The Refunding Bonds shall be sold in
accordance with the Notice of Sale in substantially the form approved by the Board.
SECTION 6. Official Actions. The Mayor, the City Manager, the Director of Finance
and Information Technology, the City Clerk and all other officers of the City are each authorized
and directed in the name and on behalf of the City to make any and all assignments, certificates,
requisitions, agreements, notices, consents, instruments of conveyance, warrants and other
documents, which they or any of them might deem necessary or appropriate in order to
consummate any of the transactions contemplated by the agreements and documents approved
under this Resolution. Whenever in this Resolution any officer of the City is authorized to
execute or countersign any document or take any action, such execution, countersigning or action
may be taken on behalf of such officer by any person designated by such officer to act on his or
her behalf in the case such officer is absent or unavailable.
SECTION 7. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.
Upon motion of Council Member Carter, 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
Resolution No. 10356 (2012 Series)
Page 3
The foregoing resolution was adopted this 8 h day of May 2012.
(1,vto�
r Jan Marx
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO RM:
J istine ietrick
City Attorney
RESOLUTION NO. 10357 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING
DELEGATING TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO
THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED
BY GOVERNMENT CODE SECTIONS 910,ET SEQ.
WHEREAS, the City of San Luis Obispo is a member of the California Joint Powers
Insurance Authority (California JPIA), and pursuant to Government Code sections 990.4, et seq.
and 6500 et seq. pools its self-insured liability claims and losses with other California JPIA
members under a Memorandum of Coverage; and
WHEREAS, the Joint Powers Agreement creating the California JPIA authorizes it to
exercise powers common to members and appropriate to defend and indemnify members from
liability claims under the Memorandum of Coverage.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo delegates to the California Joint Powers
Insurance Authority the authority to act on behalf of the City of San Luis Obispo, pursuant to
Government Code sections 910, et seq., to accept, reject, return as insufficient, or return as
untimely, any claims against it and to provide any notices authorized under those statutes on
behalf of the City of San Luis Obispo.
SECTION 2. This Resolution shall become effective immediately upon its adoption.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
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 10357
Resolution No. 10357 (2012 Series)
Page 2
The foregoing resolution was adopted this 8th day of May 2012.
Mayo J Marx
ATTEST:
Sheryll Scffroeder
Interim City Clerk
APPROVED AS TO FORM:
l
hristine Dietrick
City Attorney
O O
RESOLUTION NO. 10358 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PURCHASE OF
A ONE-HALF ACRE PARCEL IN THE CITY OF SAN LUIS OBISPO FROM
THE SAN LUIS CEMETERY ASSOCIATION
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to purchase real property; and
WHEREAS, on April 9, 2012, the San Luis Cemetery Association accepted the City's
offer to purchase certain real property in the City of San Luis Obispo described as San Luis
Obispo County Assessor's Parcel Number 053-021-028 and commonly known as 0% South
Higuera Street; and
WHEREAS, the Property possesses high natural resource values including wildlife and
botanical resources, and scenic open space values (the "Conservation Values") of great
importance to the people of the City of San Luis Obispo, and the people of the State of
California; and
WHEREAS, the City of San Luis Obispo intends that the conservation values of the
property shall be preserved and maintained forever by the continuation of currently existing land
use patterns.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes and directs the Mayor to undertake all steps necessary to complete the
purchase of said real property; and
2. Authorizes the City Attorney to approve any non-substantive changes in language to
the various documents required to effectuate this action by the City Council.
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter and on
the following roll call vote:
AYES: Council Members Ashbaugh, Carter and Smith,Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
R 10358
Resolution No. 10358 (20rL Series)
Page 2
The foregoing resolution was adopted this 15'h day of May 2012.
M yo
ATTEST:
Sheryll SAroeder
Interim City Clerk
APPROVED AS TO FORM:
J Chri me Dietri&
Civf'Attorney
RESOLUTION NO. 10359 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PURSUANT TO
GOVERNMENT CODE SECTION 21221(8) CONFIRMING THE STATUS OF
MICHAEL ROUSH AS INTERIM ASSISTANT CITY ATTORNEY
WHEREAS, Michael Roush will be employed effective June 11, 2012 as interim
Assistant City Attorney in a position which became available due to a leave of absence because
of the maternity leave of Andrea Visveshwara, a permanent employee on payroll status; and
WHEREAS, the position of interim Assistant City Attorney requires specialized skills;
and
WHEREAS, the employment of Mr. Roush as interim Assistant City Attorney will not
exceed one year and will terminate upon the return of Ms. Visveshwara.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. The employment of Michael Roush as interim Assistant City Attorney
satisfies the requirements of Government Code section 21221(g) and that the City Clerk is
directed to send a copy of this resolution to the Board of Administration of the California Public
Employee Retirement System (Ca1PERS).
Upon motion of Council Member Ashbaugh , seconded by Council Member Carter, and
on the following roll call vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15`f' day of May 2012.
May
op Jari Marx
ATTEST: (�
SS ery�eder
Interim City Clerk
APPROVE S TO FO
J. C me Dietrick
Ci Attorney
R 10359
RESOLUTION NO. 10360 (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 SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION FOR THE
PERIOD OF JULY 19 2012 THROUGH JUNE 309 2015
WHEREAS, representatives of the San Luis Obispo Police Staff Officers' Association 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 San Luis Obispo Police Staff Officers' Association 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 San Luis Obispo Police Staff Officers' Association, 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: Kerri Rosenblum, San Luis Obispo Police
Staff Officers' Association and Monica Irons, Director of Human Resources.
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter and on
the following roll call vote:
AYES: Council Members Ashbaugh and Carter and Mayor Marx
NOES: Vice Mayor Carpenter and Council Member Smith
ABSENT: None
R 10360
Resolution No. 10360 (Series 2012)
Page 2
The foregoing resolution was adopted this 15th day of May, 2012,
Mayor Marx
ATTEST: 2�
Sheryll Schfloeder
Interim City Clerk
APPROVED AS TO FORM:
Chris' e Dietrick
Ci ttorney
YAAttomey\Rcsolutions and Ordinances\20MReso 10360 SLOPSOA.docx
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
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POLICE STAFF OFFICERS' ASSOCIATION
JULY 1, 2012 - JUNE 30, 2015
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TABLE OF CONTENTS
Article No. Title Page No.
1 Parties to Agreement.................................................................1
2 Recognition...............................................................................2
3 Check Off/Dues Deduction.......................................................3
4 Employee Rights.......................................................................4
5 Management Rights..................................................................5
6 Representative Role..................................................................6
7 Renegotiations ..........................................................................7
8 Salary........................................................................................8
9 Overtime...............................................:.................................10
10 Payday.....................................................................................17
11 General Provisions..................................................................18
12 Health Care Insurance.............................................................19
13 Retirement...............................................................................23
14 Uniform Allowance................................................................25
15 Holidays..................................................................................26
16 Vacation Leave.......................................................................28
17 Administrative Leave..............................................................30
18 Sick Leave ..............................................................................31
19 Family Leave..........................................................................32
20 Bereavement Leave ................................................................35
21 Catastrophic Leave .................................................................36
22 Workers' Compensation Leave ..............................................37
Table of Contents. Continued
Article No. Title Page No.
23 Jury Duty and Military Leaves...............................................38
24 Grievance Procedure...............................................................39
25 Disciplinary Action.................................................................41
26 Impasse Procedure..................................................................42
27 SWAT Sergeants ....................................................................44
28 Reopeners ...............................................................................45
29 Full Agreement.......................................................................46
30 Savings Clause........................................................................47
31 Term of Agreement.................................................................48
32 Authorized Agents..................................................................49
33 Signatures ...............................................................................50
Appendix A—Salary Range Listing.......................................51
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this, 15`" day of May 2012, by and between the City
of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police Staff
Officers'Association, hereinafter referred to as the Association.
1
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (1989
Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as
the exclusive bargaining representative for purposes of representing regular and probationary
employees occupying the position classifications of Police Sergeant, Police Lieutenant, Police
Captain, Communications Supervisor, Police Records Supervisor, and Communications and
Records Manager for the duration of this Agreement.
2
ARTICLE 3
CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association on a semi-monthly basis for the duration of this Agreement, which dues
shall not include assessments.
3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the City's
Finance Officer and a notification of all dues transactions shall be sent semi-monthly
to the Association President. The Association shall refund to the city any amount paid
to the Association in error, upon presentation of supporting evidence.
3.3 The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions.
3
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters
of employer-employee relations including, but not limited to, wages, hours and other terms
and conditions of employment. Employees of the City also shall have the right to refuse to
join or participate in the activities of employee organizations and shall have the right to
represent themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against because of
the exercise of these rights.
4
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work
or for other legitimate reasons; maintain the efficiency of government operations; determine
the methods, means and personnel by which government operations are to be conducted;
determine the content of the job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its organization
and the technology for performing its work.
5
ARTICLE 6
REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than five employee
members to meet and confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such selection is provided by the
Association) on subjects within the scope of representation during regular duty or work hours
without loss of compensation or other benefits. The Association shall, whenever practicable,
submit the names) of each employee representative to the Municipal Employee Relations
Officer at least two working days in advance of such meetings. Provided further:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management officials. If employee representatives cannot be released, the date of
the meeting will be rescheduled in accordance with item (2) below.
(2) That any such meeting is subject to scheduling by City management consistent
with operating needs and work schedules. Nothing provided herein, however,
shall limit or restrict City management from scheduling such meetings before or
after regular duty or work hours.
6
ARTICLE 7
RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make changes to this
Agreement, that party shall serve upon the other its written request to negotiate, as well as its
initial proposals for an amended Agreement. Such notice and proposals must be submitted to
the other party between 15 April and 1 May 2015. If notice is properly and timely given,
negotiations shall commence no later than 15 May.
7
ARTICLE 8
SALARY
8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT
The City strives to maintain a reasonable difference in compensation between top step
police staff officers' classifications and top step of the classifications supervised. The
difference between top steps of these classifications is targeted at a minimum of 15%.
If during the term of this contract the differentiation goes below the 15% target, the
City agrees to re-open negotiations on this topic.
The parties agree to salary reductions as set forth below to be effective on the first day
of the first full payroll period in the month listed below, for all employees (except
Records Supervisor classification) in the Association employed by the City on the date
this agreement is formally approved by the City Council:
January 2013 2.5% Salary Reduction
January 2014 2% Salary Reduction
The salary ranges for the term of this agreement are listed in Appendix A.
8.2 RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
I. Each salary range consists of six steps (A through F). Steps A through E equal
95%of the next highest step, computed to the nearest one dollar.
Step E =95%of Step F
Step D = 95%of Step E
Step C=95%of Step D
Step B =95%of Step C
Step A =95% of Step B
8
Each across-the board percentage salary decrease shall lower step F of the
respective range by that percentage. After all step F's of salary ranges have been
established, each step F shall be rounded off to the nearest $1.00 and the
remaining steps established in accordance with the above formula.
2. The time in step progression for employees with satisfactory performance will be
as follows:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
1 year at Step E
3. Employees who are eligible for advancement to step E or F must receive a "Meets
Performance Standards" or better on the overall rating on their most recent
Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
4. The Police Chief shall be authorized to reevaluate employees who reach Step F in
their pay range. An employee who is not performing up to standard for the sixth
step shall be notified in writing that the Police Chief intends to reduce him/her
one step unless his/her job performance improves significantly within a 60 day
period. Unless the employee's job performance improves to an acceptable level
by the end of 60 days, the pay reduction shall then become effective. The sixth
step may be reinstated at any time upon recommendation of the Police Chief. If
the Police Chief deems it necessary to again remove the sixth step during the
same fiscal year, he/she may make the change at any time with three business
days' advanced written notice.
9
ARTICLE 9
OVERTIME - SERGEANTS
9.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the
employee's 28 day work period. Vacation, holidays, sick leave, IOD, and
compensatory time off shall be considered hours worked when computing overtime.
9.2 ELIGIBILITY
Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay.
9.3 SHIFT ADJUSTMENT
In the matter of shift adjustments, it is agreed that the following guidelines will be
followed:
o In any situation necessitating a shift adjustment, volunteers will first be sought.
o Shift adjustments will not be for more than two hours.
o Shift adjustments for special units or assignments are not covered by this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander.
o Whenever volunteers cannot be located, Sergeants assigned will be chosen
sequentially by seniority.
o Generally, no more than two Sergeants per shift should be ordered to adjust
unless a specific event necessitates it.
o At least 14 days notice will normally be given, but in no event will less than
seven days notice be given, for an ordered shift adjustment.
10
o A Sergeant authorized to shift adjust will not suffer loss of briefing pay or
other normal benefit.
o Sergeants will be given at least ten hours between shifts for ordered non-
emergency shift adjustments.
o Shift adjustments will not be ordered to deal with court or shift continuation
unless it is necessary to ensure the Sergeant has adequate rest. If court or
another assignment prevents a Sergeant from getting proper rest between
shifts, the Sergeant and the Watch Commander may arrange a shift adjustment
to meet this need. With approval, the Sergeant could opt to use adjusted court
time towards normal work hours instead of overtime, or to adjust shift start
time up to four hours. In cases where the Watch Commander determines an
adjustment is warranted but does not have sufficient staffing, s/he is authorized
to bring in a replacement (on overtime) for up to four hours.
o Shift adjustments will not be limited by day or time except as articulated
above.
9.4 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off compensated at time
and one half. However, no employee shall accumulate and have current credit for
more than 100 hours of compensatory time off.
9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
11
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work
actually performed.
9.6 CALLBACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed three-hour minimum payment at time and one half.
Unanticipated emergency call-backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel
time.
9.7 COURT TIME.
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. Employees placed on standby in anticipation of reporting for court time shall be
compensated three hours straight time when on standby. Each calendar day starts
a new standby period.
E. Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair his/her assigned
12
duties upon call. The parties agree that employees on standby, as defined above,
are "waiting to be engaged."
9.8 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing, and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
9.9 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee, shall be guaranteed two-hour minimum payment at time and one half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
• Breakfast $10.00 (regardless of whether or not a continental breakfast is
provided)
• Lunch - $15.00
• Commuter Lunch - $8.00
■ Dinner- $25.00
• Mileage at the prescribed IRS mileage reimbursement rate.
9.10 RANGE QUALIFICATION
A. Sworn personnel shall be guaranteed two hours at time and one half when
participating in range qualification training when off duty.
B. Each sworn employee who shoots for qualification shall be provided 100 rounds of
practice ammunition each month upon request.
13
OVERTIME—COMMUNICATIONS SUPERVISORS
9.11 DEFINITION
Overtime is defined as all hours worked in excess of 40 hours worked in a workweek.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered
hours worked when computing overtime.
9.12 ELIGIBILITY
Communication Supervisors shall be eligible for overtime pay.
9.13 COMPENSATION
Overtime shall be compensated in cash at time and one half the employee's regular
rate of pay or in time off compensated at time and one half.
9.14 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work
actually performed.
9.15 CALLBACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed a three-hour minimum payment at time and one half.
Unanticipated emergency call-backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel
time.
9.16 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
14
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. Employees placed on standby as required to fulfill court requirements shall be
compensated three hours straight time when on standby. Each calendar day starts
a new standby period.
E. Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair his/her assigned
duties upon call. The parties agree that employees on standby, as defined above,
are "waiting to be engaged."
9.17 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
9.18 TRAINING
A. Effective the first full pay period following ratification employees called back for
training sessions, authorized by the Police Chief or designee, shall be guaranteed
two-hour minimum payment at time and one-half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
15
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
■ Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
■ Lunch - $15.00
■ Commuter Lunch - $8.00
■ Dinner- $25.00
■ Mileage at the prescribed IRS mileage reimbursement rate.
16
ARTICLE 10
PAYDAY
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject to
adjustment for cause beyond the City's control.
17
ARTICLE 11
GENERAL PROVISIONS
] 1.1 WORKING CONDITIONS:
An officer's place of residence shall be within a one hour driving radius from the San
Luis Obispo Police Department.
18
ARTICLE 12
HEALTH CARE INSURANCE
12.1 CONTRIBUTION
City agrees to contribute the monthly amounts set forth below for Cafeteria Plan
benefits for each regular, full-time employee covered by this Agreement. Less than
full-time employees shall receive a prorated share of the City's contribution.
Employee $543.00
Employees Plus One $987.00
Family $1,309.00
Effective in December 2014 (for the January 2015 premium), the City's total Cafeteria
Plan contribution shall be modified by an amount equal to one-half of the average
percentage change for family coverage in the PERS health plans available in San Luis
County. For example: if three plans were available and the year-to-year changes were
+10%, +15%, and +20% respectively, the City's contribution would be increased by
7.5% (10%+ 15%+ 20%- 3 = 15%X 1/2).
The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage.
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below shall receive payment at the
employee-only level.
12.2 INSURANCE COVERAGE
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with the
"unequal contribution option" at the PERS Minimum Employer Contribution rate,
19
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 5% per year of the City's
contribution for the active employees until such time as the contributions for
employees and retirees are equal. The City's contribution will come out of that
amount the City currently contributes to employees as part of the Cafeteria Plan. The
cost of the City's participation in PERS will not require the City to expend additional
funds toward health insurance beyond what is already provided for above in Section
12.1. In summary, this cost and any increases will be borne by the employees.
12.3 Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to participate
in the PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision is deducted) in cash in accordance with the City's
Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed
in the Retiree Health Insurance Account. This account will be used to fund the Retiree
Health Insurance Account. This account will be used to fund the City's contribution
toward retiree premiums and the City's costs for the Public Employee's Contingency
Reserve Fund and the Administrative Costs. However, there is no requirement that
these funds be used exclusively for this purpose nor any guarantee that they will be
sufficient to fund retiree health costs, although they will be used for negotiated
employee benefits.
12.4 Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at the
employee only rate. Should they elect to cover dependents in the City's dental and
20
vision plans, they may do so, even if they do not have dependent coverage under
PERS.
12'.5 Life Insurance & Long Term Disability Insurance
Employees in the Police Staff Officers Unit shall have life insurance coverage of
Forty-Five Thousand Dollars ($45,000). Twenty Thousand Dollars ($20,000) shall be
paid by the employees through the City's Cafeteria Plan and Twenty-Five Thousand
($25,000) shall be paid by the City. Non-sworn employees shall continue to be
covered under the City's long-term disability insurance plan.
12.6 Medical Plan Review Committee
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
1. Review and suggest changes for the City's flexible benefits plan and the
insurance plans offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
21
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude
the Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of
meet and confer requirements between the City and Association.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and
confer in good faith.
4. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees incurred
for this consultation, provided that the City has approved the consultation
and fees in advance.
C. City agrees to continue its contribution to the Cafeteria Plan for two pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive the regular
City health benefit contribution for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances reach
zero.
22
ARTICLE 13
RETIREMENT
13.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at
age 50 plan to all sworn personnel and 2.7% at age 55 for all non-swom personnel.
The 3% at age 50 plan includes the following amendments: Post- Retirement Survivor
Allowance, the 1959 Survivor's Benefit - Level Four, military service credit, one-year
final compensation, conversion of unused sick leave credit to additional retirement
credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan
has the following amendments: 1959 Survivor's Benefit - Level Four, one-year final
compensation, military service credit, conversion of unused sick leave credit to
additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
13.2 The City has discontinued paying the sworn employees' share of the PERS
Contribution (9%) and the non-sworn employees' share of the PERS Contribution
(8%). The 9% for sworn or the 8% for non-sworn is included to the base salary
schedule, and reported as compensation to PERS. The employee will pay directly to
PERS their contribution amount on a pre-tax basis pursuant to Section 414 (h) (2) of
the Internal Revenue Code (IRC).
13.3 The employee will be responsible for any and all tax liability incurred should the IRC
provision become invalid.
13.4 Second Tier Retirement
This section only applies to new employees hired on or after July 1, 2012. Effective
July 1, 2012 or as soon as practical upon approval by CalPERS, Safety members will
be subject to the same second tier PERS formula implemented with the San Luis
Obispo Police Officers Association (POA). Effective July 1, 2012 or as soon as
practical upon approval by CalPERS,Non-safety members will be subject to the same
23
second tier PERS formula implemented with the San Luis Obispo City Employees
Association (SLOCEA)..
24
ARTICLE 14
UNIFORM ALLOWANCE
14.1 Each employee required to wear a uniform shall receive an annual uniform allowance
as provided below and is expected to purchase and maintain in good repair all required
uniform pieces.
14.2 The uniform allowance shall be $1,000 per year, with $500 issued to the employee
with the first payroll period in June and $500 issued to the employee with the first
payroll period in December. New hires will receive a prorated amount.
14.3 All represented employees shall be eligible for uniform allowance without regard to
duty status interruption if in paid status, including 4850 Pay. Uniform allowance shall
be reported to Ca1PERS as special compensation. Uniform allowance will not be pro-
rated upon separation from employment.
25
ARTICLE 15
HOLIDAYS
15.1 The following days of each year are designated as paid holidays:
January I -New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September- Labor Day
September 9—California Admission Day
Second Monday in October—Columbus Day
November 11 - Veteran's Day
Fourth Thursday in November-Thanksgiving Day
Friday after Thanksgiving
One-half day before Christmas Day
December 25 - Christmas
One-half day before New Year's Day
15.2Each employee in this unit shall earn 4 hours of holiday leave bi-weekly, in lieu of fixed
holidays.
Such employees shall receive payment at straight time hourly rate for a portion of their
earned holiday leave (2.00 hours) each bi-weekly payroll period.
15.3The remainder of the employee's annual holiday leave (52 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 with the approval of the Police Chief or
his/her designee.
15.4 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 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
26
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.
27
ARTICLE 16
VACATION LEAVE
16.1 Each incumbent of a 40 hour week line-item position shall accrue vacation leave with
pay at the rate of 96 hours per year of continuous service since the benefit date for the
first five years, 120 hours per year upon completion of five years, 144 hours per year
upon completion of ten years, and 160 hours upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days pro-rated to the number of regularly scheduled work hours.
16.2 An incumbent is not eligible to use vacation leave until accrued.
16.3 A regular employee who leaves the City service shall receive payment for any unused
vacation leave.
16.4 Vacation schedules must be reviewed by the Chief or his/her designee prior to the
scheduled vacation. Vacation schedules will be based upon the needs of the City and
then, insofar as possible, upon the wishes of the employee. The department may not
deny an employee's vacation request if such denial will result in the loss of vacation
accrual by the employee, except that, management may approve a two month
extension of maximum vacation accrual. However, in no event shall more than one
such extension be granted in any calendar year.
16.5 Any employee who is on approved vacation leave and becomes eligible for sick leave
as defined in Section 2.36.420A of the Personnel Rules & Regulations may have such
time credited as sick leave under the following conditions.
A. A physician's statement certifying that illness, injury or exposure to contagious
disease has occurred is presented to the supervisor upon returning to work.
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B. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage.
16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more
than twice the annual rate may be carried over to a new calendar year. It shall be the
responsibility of the employee to plan vacations and receive departmental approval in
a timely manner.
16.7 All employees in this unit are eligible once annually in December, to request payment
for up to 80 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory.
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ARTICLE 17
ADMINISTRATIVE LEAVE
17.1 The Administrative Sergeant, Lieutenants, Captains, Police Records Supervisor and
Communications and Records Manager are exempt from paid overtime except as
specifically authorized by the Police Chief due to extraordinary circumstances. In
general, management employees are expected to work the hours necessary to
successfully carry out their duties and frequently must return to work or attend
meetings and events outside their normal working hours.
17.2 In recognition of these requirements and the 24-hour staffing requirements of Police
Departments, all members of this unit who are designated as exempt in Section 17.1
above shall be afforded flexibility in managing their work load and time and are
eligible to take a maximum of 64 hours per calendar year of Administrative Leave.
Such leave may be taken at any time during the year. However, in cases where an
individual is not actively employed in an exempt position with the city during the full
year such leave shall be prorated or if the yearly amount earned is changed during the
year the amounts shall be prorated. For purposes of computing monthly amounts the
rate of 5.33 hours per month may be used (64=12 = 5.33).
17.3 Exempt employees understand that the nature of their jobs require that they will work
additional hours outside of their regularly scheduled shifts for such activities as
occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the
approval of the Bureau Commander, exempt employees may shift adjust for such
things as court, administrative assignments, filling shift vacancies, lengthy or frequent
meetings, training, etc.
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ARTICLE 18
SICK LEAVE
18.1 Accumulation of sick leave days shall be unlimited.
18.2 Upon termination of employment by death or retirement, a percentage of the dollar
value of the employee's accumulated sick leave will be paid to the employee, or the
designated beneficiary or beneficiaries according to the following schedule:
A. Death - 25%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment - 20%
2. After twenty-five years of continuous employment— 25%
3. After thirty years of continuous employment— 30%
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ARTICLE 19
FAMILY LEAVE
19.1 An employee may take up to 16 hours of sick leave per year if required to be away
from the job to personally care for a member of his/her immediate family.
19.2 An employee may take up to 40 hours of sick leave per year if that family member is
part of the employee's household.
19.3 An employee may take up to 56 hours of sick leave per year if that family member is
part of the employee's household and is hospitalized. The employee shall submit
written verification of such hospitalization.
19.4 For purposes of this article, immediate family is defined as:
• spouse/registered domestic partner
• child
• brother
• sister
• parent
• parent-in-law
• step-parent
• step-brother
• step-sister
• grandparent
• grandchild
• any other relative living in the same household
19.5 The amounts shown in 19.1, 19.2 and 19.3 above are annual maximums, not
maximums per qualifying family member.
19.6 If the family member is a child, parent or spouse/registered domestic partner, an
employee may use up to 48 hours annually to attend to the illness of the child, parent
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or spouse, instead of the annual maximums in paragraphs 19.1 and 19.2, in accordance
with Labor Code Section 233.
19.7 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.
19.8 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 off and administrative leave and, if appropriate, sick
leave prior to receiving unpaid Family/Medical Leave.
19.9 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.
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19.10 If an employee does not return to work following leave, the City may collect from the
employee the amount paid for health insurance by the City during the leave. There
are two exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's "Guide to
Family/Medical Leave Program".
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ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to the death of
a member of the employee's immediate family, meaning:
• Spouse/registered domestic partner
• child
• brother
• sister
• parent
• parent-in-law
• step-parent
• step-brother
• step-sister
• grandparent
• grandchild
• any other relative living in the same household,
provided such leave as defined in this Article shall not exceed 40 hours for each incident.
The employee may be required to submit proof of relative's death before being granted
sick leave pay. False information concerning the death or relationship shall be cause for
discharge.
35
ARTICLE 21
CATASTROPHIC LEAVE
Employees may participate in the Catastrophic Leave program in accordance with the City-
wide Catastrophic Leave Policy.
36
ARTICLE 22
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State
Workers' Compensation law and is not eligible for disability payments under Labor Code
Section 4850 shall be paid the difference between his/her base salary and the amount provided
by Workers' Compensation law during the first 90 business days of such disability absence.
37
ARTICLE 23
JURY DUTY AND MILITARY LEAVES
23.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any.jury,
and when not excluded there from, or when subpoenaed to appear as a witness at any
trial, shall be compensated for the time required to be spent under the jurisdiction of
the court by an amount equal to the difference between the pay he/she received as a
juror and his/her regular daily rate received from the City. The difference between the
time required to be spent on jury duty and the normal workday of the employee shall
be spent performing the employee's regular job assignments unless the department
head, upon approval of the Director of Human Resources, determines this not to be
practical.
23.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
38
ARTICLE 24
GRIEVANCE PROCEDURE
21.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of
the personnel rules and regulations or of any Memorandum of Agreement, excluding
disciplinary matters, or any existing written policy or procedure relating to wages,
hours or other terms and conditions of employment excluding disciplinary matters.
21.2 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate superior.
The employee shall have the right to choose a representative to accompany
him/her at each step of the process. If the matter can be resolved at that level to
the satisfaction of the employee,the grievance shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in
writing to the Police Chief for consideration, stating the facts on which it was
based, including the provision of the rules, regulations, or agreement said to be
violated, and the proposed remedy. This action must take place within 15
business days of the occurrence of the grievance. The Police Chief shall
promptly consider the grievance and render a decision in writing within 15
business days of receiving the written grievance. If the employee accepts the
Police Chiefs decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the Police Chiefs decision, the employee
may immediately submit the grievance in writing to the Human Resources
Director within five business days of receiving the Police Chiefs decision. The
39
C
Human Resources Director shall confer with the employee and the Police Chief
and any other interested parties, and shall conduct such other investigations as
may be advisable.
D. The results or findings of such conferences and investigations shall be
submitted to the City Manager in writing within fifteen (15) 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 15 business days of receiving the Human Resources Director's
results and findings. Such decision shall be final unless the employee desires
the Personnel Board to review the decision. If such is the case, the employee
will have five business days following receipt of the City Manager's decision
to submit a written request to the Personnel Board through the Human
Resources Director for a review of the decision. The Personnel Board within 30
business days shall review the record and either(1) issue an advisory opinion to
the City Manager; or (2) conduct a hearing on the matter. If a hearing is held,
an advisory opinion shall be rendered by the Board within 10 business days of
the close of such hearing. If an opinion signed by at least three (3) members of
the Personnel Board recommends overruling or modifying the City Manager's
decision, the City Manager shall comply or appeal this recommendation to the
City Council. Such appeal shall be filed with the City Clerk within three
business days of the Board's action. If appealed, the City Council shall review
the case on the record and render a final decision within 15 business days of
submittal.
40
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ARTICLE 25
DISCIPLINARY ACTION
Except in cases of disciplinary suspensions of less than one work week, the standards for the
discipline of exempt employees shall generally be consistent with the standards for discipline
of non-exempt employees. Thus, such exempt employees may be subject to termination,
demotion or reduction in compensation for any of the reasons set forth in Section 2.36.320 of
the Personnel Rules and Regulations. In conformity with the Fair Labor Standards Act, a
disciplinary suspension of less than one week may be imposed only for a violation of City
safety rules of major significance. Minor violations of rules and regulations may result in
lesser disciplinary actions, such as oral or written reprimands, counseling, or special training,
etc.
41
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ARTICLE 26
IMPASSE PROCEDURE
26.1 MEDIATION
A. Mediation may be requested only after the possibility of settlement by direct
discussion (meet and confer) has been exhausted. Mediation may be requested by
scheduling a meeting with the Employee Relations Officer(City Manager).
1. The Employee Relations Officer shall convene a meeting between the chief
negotiator for the Association, one other representative of the Association, the
Employee Relations Officer and one other representative of the City:
a. To review the position of the parties in a final effort to reach agreement
or reduce the points of disagreement; and
b. If agreement is not reached, to make arrangements for mediation.
B. Following the meeting with the Employee Relations Officer, only the disputed
issues shall be submitted to mediation. The mediator shall be selected from the
State Mediation and Conciliation Service by mutual consent. All mediation
proceedings shall be private and confidential and the mediator shall make no
public recommendation nor take any public position at any time concerning the
issue. Any fees or expenses of mediation shall be shared equally by the City
and the Association.
C. Mediation shall be terminated if agreement has not been reached in 30 days
unless extended by mutual agreement.
26.2 FACT-FINDING
A. If mediation fails to resolve all issues, the unresolved issues shall be referred to
42
C
"fact-finding." The fact-finder shall be selected by mutual consent.
B. The City and the Association shall submit its position on each unresolved issue
and its last offer of settlement to the fact-finder. After due consideration, the
fact-finder shall recommend on each issue using factors traditionally taken into
consideration in determination of wages, hours and other terms and conditions
of employment in the public sector.
C. Within 10 days of commencing fact-finding, recommendations of the fact-
finder shall be reported in writing at a meeting of representatives of the City
and the Association. Each party shall accept, reject or propose alternatives to
the fact-finder's recommendations. Any recommendations or alternatives not
accepted by both parties within 15 days of receiving the fact-finder's
recommendations will be presented to the City Council.
D. After a hearing where the chief negotiator for the Association, one other
representative of the Association, the Employee Relations Officer and one
other representative of the City have presented their position on the fact-finder's
recommendations, the City Council may accept or reject any recommendation.
All proceedings and recommendations of fact-finding shall be private and
confidential. Any fees or expenses shall be equally shared by the City and the
Association.
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ARTICLE 27
SWAT SERGEANTS AND LIEUTENANTS
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City's request each member requesting
reimbursement may be required to provide proof of membership and active participation.
44
ARTICLE 28
REOPENERS
The City and the Associations agree to meet and confer to discuss post-retirement health
contributions if changes to this benefit are agreed to with the Police Officers' Association
during the term of the contract.
45
ARTICLE 29
FULL AGREEMENT
This Agreement represents a complete and final understanding on all negotiable issues
between the City and the Association. This Agreement supersedes all previous Memoranda
of Understanding or Memoranda of Agreement between the City and the Association except
as specifically referred to in this Agreement. In the event any new practice or subject matter
arises during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer upon request.
46
ARTICLE 30
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court
of competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and
the parties shall enter into a meet and confer session for the sole purpose of arriving at a
mutually satisfactory replacement for such provision within a 30 day work period. If no
agreement has been reached, the parties agree to invoke the provision of impasse under
Section 13 of City Resolution No. 6620.
47
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ARTICLE 31
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2012, except that those provisions which
have specific implementation dates shall be implemented on those dates and shall remain in
full force and effect until midnight June 30, 2015.
48
ARTICLE 32
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address: 1042 Walnut Street, San Luis Obispo, California 93401; telephone:
(805) 781-7342).
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) 781-7252).
49
. ..... ... . . ... . . .
ARTICLE 33
SIGNATURES
1. Classifications covered by this agreement and included within this unit are Police
Sergeant, Police Lieutenant,Police Captain, Communications Supervisor, Police
Records Supervisor,and Communications and Records Manager.
2. This Agreement does not apply to Temporary Employees or Part-time Employees.
This Agreement was executed on May 15, 2012, by the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE STAFF OFFICERS'
ASSOCIATION
,__1 I"U 1WVW✓ _�eew
Monica Irons,Human Resources Director Kerri Mseablum,President
CI Greg Zoc r sources Manager edh6e,Vice President
Kurtixenbaugh,Treasurer
u _
J i e Goodwin, Member at Large
Brian Amoroso,Negotiator
50
APPENDIX A
Salary Range Listing - July 2012 Through June 2015
July 2012
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
8010 800 Police Sergeant 8,034 8,457 8,902 9,370 9,864 10,383
3,708 3,903 4,109 4,325 4,552 4,792
8030 805 Police Lieutenant 9,149 9,630 10,137 10,671 11,232 11,824
4,223 4,445 4,679 4,925 5,184 5,457
8040 810 Police Captain 10,463 11,014 11,594 12,204 12,846 13,522
4,829 5,083 5,351 5,633 5,929 6,241
8050 855 Communications Supervisor 5,938 6,251 6,580 6,926 7,291 7,674
2,741 2,885 3,037 3,197 3,365 3,542
8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,615
2,362 2,487 2,617 2,755 2,900 3,053
8055 800 Communications 8 Records Mgr 8,034 8,457 8,902 9,370 9,864 10,383
3,708 3,903 4,109 4,325 4,552 4,792
January 2013
2.5% decrease for all
employees
except Records Supervisor
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
8010 800 Police Sergeant 7,833 8,245 8,679 9,136 9,617 10,123
3,615 3,806 4,006 4,217 4,439 4,672
8030 805 Police Lieutenant 8,920 9,390 9,884 10,404 10,952 11,528
4,117 4,334 4,562 4,802 5,055 5,321
8040 810 Police Captain 10,202 10,739 11,304 11,899 12,525 13,184
4,708 4,956 5,217 5,492 5,781 6,085
8050 855 Communications Supervisor 5,790 6,095 6,415 6,753 7,108 7,482
2,672 2,813 2,961 3,117 3,281 3,453
8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,615
2,362 2,487 2,618 2,755 2,900 31053
8055 800 Communications 8 Records Mgr 7,833 8,245 8,679 9,136 9,617 10,123
51
APPENDIX A
3,615 3,806 4,006 4,217 4,439 4,6721
January 2014
2% decrease for all employees
except Records Supervisor
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
8010 800 Police Sergeant 7,676 8,080 8,505 8,953 9,424 9,920
3,543 3,729 3,926 4,132 4,350 4,579
8030 805 Police Lieutenant 8,742 9,203 9,687 10,197 10,733 11,298
4,035 4,247 4,471 4,706 4,954 5,215
8040 810 Police Captain 9,998 10,524 11,078 11,661 12,274 12,920
4,614 4,857 5,113 5,382 5,665 5,963
8050 855 Communications Supervisor 5,673 5,972 6,286 6,617 6,965 7,332
2,618 2,756 2,901 3,054 3,215 3,384
8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,615
2,362 2,487 2,618 2,755 2,900 3,053
8055 800 Communications a Records Mgr 7,676 8,080 8,505 8,953 9,424 9,920
3,543 3,729 3,926 4,132 4,350 4,579
52