HomeMy WebLinkAbout10361-10380 RESOLUTION NO. 10361 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERTY
LOCATED AT 1225 PISMO STREET TO THE MASTER LIST OF
HISTORIC RESOURCES, CHC 65-11
WHEREAS, applicant Bill Casella, on November 28, 2011, submitted a complete
application to add his property to the Master List of Historic Resources; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public
hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on February 27, 2012, and recommended the Council add the property located at 1225
Pismo Street to the Master List of Historic Resources; and
WHEREAS, the City Council conducted a public hearing on May 15, 2012, for the
purpose of considering adding the property located at 1225 Pismo Street to the Master List of
Historic Resources(CHC 65-11); and
WHEREAS, the City Council has duly considered all evidence, including the records of
the Cultural Heritage Committee hearing, and the evaluation and recommendations by staff.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The Council makes the following findings of consistency with
Historic Preservation Program Ordinance eligibility criteria for Master List Historic Resources:
1. The residence is eligible for the Master List of Historic Resources because it is a unique
example of a Transitional Craftsman Bungalow that is at least 50 years old, has retained its
original architectural character, and contributes to the historic character of the neighborhood
in which it is located.
2. The residence is eligible for the Master List of Historic Resources because it satisfies
the style and design architectural criteria of Section 14.01.070 of the Historic Preservation
Ordinance.
SECTION 2. Action. The Council of the City of San Luis Obispo does hereby add the
property located at 1225 Pismo Street to the Master List of Historic Resources as the historic
"Walter T. Cushing House"with constructive notice of the following:
1. An application for Mills Act participation shall include restoration of the entry wing
walls, removal or replacement of the gutters to allow visibility of the rafter tails, and
replacement of the vinyl/aluminum windows with wood windows to match the original
windows of the residence.
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Resolution No. 10361 (2012 Series)
Page 2
SECTION 3. Environmental Determination. The City Council has determined that the
above actions do not constitute a project, as defined by Section 15378 of the California
Environmental Quality Act and are exempt from environmental review.
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`h day of May 2012.
Mayor an Marx
ATTEST:
444-��
Sheryll Sc •oeder
Interim City Clerk
APPROVED AS TO FORM:
Jity
istine Dietrick
ttorney
RESOLUTION NO. 10362 (2012 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
TUESDAY,NOVEMBER 6,20129 FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND ADOPTING
REGULATIONS FOR CANDIDATES' STATEMENTS
WHEREAS, under the provisions of the San Luis Obispo City Charter Section 302, a
General Municipal Election shall be held on Tuesday, November 6, 2012, for the election of
Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election
shall be held Tuesday, November 6, 2012, for the purpose of electing a Mayor for the full term of
two years and two Council Members for the full term of four years each.
SECTION 2. Pursuant to Election Code Section 13307, each candidate may submit with
the nomination papers a Statement of Qualifications of the candidate of no more than 200 words,
which statement will be printed and mailed out with the sample ballot.
SECTION 3. The candidate shall be required to pay for the cost of printing the candidate's
statement in the voters' pamphlet. The City Clerk shall estimate the total cost of printing, handling,
and mailing the candidates' statements filed pursuant to this section, and require each candidate
filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of
his or her statement in the voters' pamphlet. Accordingly, the City Clerk is not bound by the
estimate and may, on a pro rata basis, bill the candidate for any additional actual expense or refund
any excess amount paid depending on the final actual cost. Said amount will include the cost for the
translation and printing in the voters' pamphlet the statement in Spanish, if requested by the
candidate. In the event of overpayment, the Clerk shall prorate the excess amount among the
candidates and refund the excess amount paid within 30 days following notification by the Registrar
of Voters office of the exact cost.
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. That the polls shall be open at seven o'clock a.m. of the day of the election
and shall remain open continuously from that time until eight o'clock p.m. of the same day when
the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State
of California.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution.
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Resolution No. 10362 (2012 Series
Page 2
Upon motion of Council Member Carter, seconded by Council Member Smith, 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 5t'day of June 2012.
-r4' P!1�
Mayoon Marx
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO F
Stine Dietrick
City Attorney
RESOLUTION NO. 10363 (2012 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REQUESTING
THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE
THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
WHEREAS, the City Council of the City of San Luis Obispo has called a General
Municipal Election to.lie held on November 6, 2012, for the purpose of the election of a Mayor and
two Members of the City Council; and
WHEREAS, Section 302 of the City Charter establishes November of even-numbered
years as the date for conducting the City's General Municipal Election; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the County Election
Department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE,BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to the requirements of the Section 10403 of the Elections Code,the
Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree
order the consolidation of the General Municipal Election with the Statewide General Election to be
held on Tuesday, November 6, 2012 for the purpose of the election of a Mayor and two Members
of the City Council.
SECTION 2. The Board of Supervisors is requested to certify the results of the canvass of
the returns of the General Municipal Election to the Council of the City of San Luis Obispo, which
shall thereupon declare the results thereof.
SECTION 3. The Board of Supervisors is hereby requested to issue instructions to the
County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said
General Municipal Election. The City will pay its pro rata share of extra costs incurred by the
County in consolidating the elections pursuant to Section 51350 of the Government Code.
SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution
with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San
Luis Obispo.
SECTION 5. The City Clerk shall certify to the passage and adopt of this resolution.
R 10363
Resolution.No. 10363 (2012 Series)
Page 2
Upon motion of Council Member Carter seconded by Council Member Smith 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 5 h day of June 2012.
C
Mayor tParx
ATTEST:
S eryll Schroeder
Interim City Clerk
APPROVED AS TO FORM:
J. Cqq5tine Dietrick
Attorney
RESOLUTION NO. 10364 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
EXPENDITURE OF TRANSIT SYSTEM SAFETY, SECURITY AND DISASTER
RESPONSE ACCOUNT PROGRAM FUNDS WITH THE CALIFORNIA EMERGENCY
MANAGEMENT AGENCY
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates San
Luis Obispo (SLO) Transit; and
WHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for
California Proposition 1B Program funds; and
WHEREAS, the California Transit Security Grant Program (referred hereinafter as
CTSGP) has allocated $4,561 of Proposition 113 (Prop IB) Safety and Security Grant funding to
be used by the City for capital projects; and
WHEREAS, the City of San Luis Obispo has been allocated $27,579 in the 2011-12
through 2012-13 funding year cycles from the CTSGP program; and
WHEREAS, the California Emergency Management Agency (Cal EMA) has been
delegated the authority to award financial assistance for CTSGP projects and the San Luis
Obispo Council of Governments (SLOCOG) is responsible for making programming
recommendations to Cal EMA; and
WHEREAS, the City of San Luis Obispo is requesting up to $32,140 in the 2011-12
funding cycle from the CTSGP program for SLO Transit Security Enhancements bus stop
security capital projects; and
WHEREAS, a State assistance grant will impose certain obligations upon the City and will
require the City provide $4,561 as the local share of project costs; and
WHEREAS, the City will provide all annual Certifications and Assurances to the
Proposition 1 B, PTMISEA and CTSGP oversight agencies as required for grant programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council authorizes the City Public Works Director or his designee to
submit necessary grant paperwork and other required information necessary to program $32,140
in 2011-12 CTSGP funding for the Transit Facility Security Enhancement project which includes
$4,561 in FY 2010/11 local CTSGP funding to be used as local match for grant purposes; and
SECTION 2. The City Public Works Director or his designee is authorized to execute any
documents and take any actions, for and on behalf of the City, a public entity established under
the laws of the State of California, necessary in the submittal of this or future applications for the
R 10364
Resolution No. 10364 (2012 Series)
Page 2
purpose of obtaining financial assistance provided by the Proposition 113, PTMISEA or CTSGP
programs administered by the California Emergency Management Agency.
Upon motion of Council Member Carter, seconded by Council Member Smith, 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 5`h day of June 2012.
/1�1�
Mayor J arx
ATTEST:
Sheryll Sc •oeder
Interim City Clerk
APPROVED AS TO FO
J. C ietrick
Attorney
RESOLUTION NO. 10365 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING COLLECTION OF FEES FOR 2012-13 FIRE AND LIFE SAFETY
INSPECTIONS OF MULTI-DWELLING PROPERTIES CONTAINING THREE OR
MORE DWELLING UNITS ON THE SECURED PROPERTY TAX ROLL
WHEREAS,the City of San Luis Obispo is required by California Health & Safety Code
Section 17921 annually to inspect multi-dwelling properties containing three or more dwelling
units, including apartments, certain residential condominiums, hotels, motels, lodging houses and
congregate residences; and
WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge
property owners in recovering the reasonable costs of providing these annual inspections; and
WHEREAS, in accordance with this policy, the Council adopted Resolution Nos. 9799
(2006 Series) and 9889 (2007 Series) updating the master fee schedule, as specifically set forth
in "Exhibit A" hereto, and authorizing the collection of these fees on the secured property tax
roll; and
WHEREAS, the Council desires to continue collection of these fees on the secured
property tax roll for 2012-13.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to California Health & Safety Code Section 13146.2(b) and
Municipal Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety
Inspection fees shall be collected on the secured property tax roll for fiscal year 2012-13. A
listing of fees by assessor's parcel number shall be provided to the County Auditor-Controller for
collection on the 2012-13 secured property tax roll in accordance with their schedule and data
format requirements.
Upon motion of Council Member Carter, seconded by Council Member Smith, 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 10365
Resolution No. 10365 (2012 Series)
Page 2
The foregoing resolution was adopted this 5t' day of June 2012.
C, — V&,�
MayoP,
Marx
ATTEST:
2.,� c 9
S erylh� oeder
Interim City Clerk
APPROVED AS O FORM-
J. Clme ie ick
1. y Attorney
Exhibit A
Apartment Houses
$28.00 per unit per year
Administrative fee of$65.00 per year per facility
$10,000 maximum per property
Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing
Authority, other governmental agencies or not-for-profit housing organizations.
Hotels, Motels, Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior
Facilities, Sororities, Fraternities and Other Congregate Residences
1 to 30 units $200 per year per facility
31 to 80 units $300 per year per facility
More than 80 units $400 per year per facility
These fees are applicable to all multi-dwelling units in the City based on the following definitions
as set forth in the 2001 California Building Code, Chapter 2: Definitions and Abbreviations, Section
202.
Apartment house is any building, or portion thereof, which contains three or more dwelling units,
including R-1 residential condominiums.
Congregate residences are any building or portion thereof that contains facilities for living,
sleeping and sanitation, as required by this code, and may include facilities for eating and cooking,
for occupancy by other than a family. A congregate residence may be a shelter, convent,
monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing
homes, hotels, or lodging houses.
Dwelling unit is any building or portion thereof that contains living facilities, including provisions
for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family,
or a congregate residence for ten or less persons.
Hotel is any building containing six or more guest rooms intended or designed to be use, or which
are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
Lodging house is any building or portion thereof containing not more than five guest rooms where
rent is paid in money, goods, labor or otherwise. (A lodging house includes bed & breakfast
facilities and hostels, but excludes single family dwellings). `
Motel shall mean the same as hotel as defined in this code.
RESOLUTION NO. 10366 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE
BARGAIN SALE AGREEMENT FOR PURCHASE AND SALE OF APPROXIMATELY
89 ACRES OF REAL PROPERTY ABOVE JOHNSON AVENUE IN THE
UNINCORPORATED AREA OF SAN LUIS OBISPO COUNTY FOR
OPEN SPACE CONSERVATION PURPOSES
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,pursuant to Council direction, City of San Luis Obispo staff has negotiated
a bargain sale agreement for purchase and sale of certain real property in the County of San Luis
Obispo described as San Luis Obispo County Assessor's Parcel Numbers 073-381-007 through
073-381-012, inclusive, and commonly known as 0 Fairview Lane, San Luis Obispo, CA; 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 to 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 consistent with the City of San Luis Obispo General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that:
1. The Mayor is authorized and directed to undertake all steps necessary to complete the
purchase of said Real Property; and
2. The Council authorizes transfer of monies in the amount of$67,500 from the Unallocated
Reserve to the Open Space Capital Improvement Program Fund for the purpose of
completing the transaction; and
3. The Council authorizes staff to negotiate the amendment of the existing Conservation
Easement on certain City-owned adjacent lands (San Luis Obispo County APNs 002-352-024
and 073-371-002) to include the purchased lands under that Conservation Easement; and
4. The Council 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.
R 10366
Resolution No. 10366 (2012 Series)
Page 2
Upon motion of Vice Mayor Carpenter, 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 5th day of June 2012.
a`.
Mayt#Marx
ATTEST:
Sheryll Sehroeder
Interim City Clerk
APPROVED TO FO
I
J. hr' e Dietrick
Ci ttomey
RESOLUTION NO. 10367 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL TO
THE TREE COMMITTEE DECISION TO APPROVE A TREE REMOVAL REQUEST
AT 1082 SAN ADRIANO
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing
on April 23, 2012, and approved the property owner's request to remove one pine tree located in
the front yard at 1082 San Adriano, San Luis Obispo, California("Property"); and
WHEREAS, on June 12, 2012, the City Council of the City of San Luis Obispo held a
public hearing to consider an appeal of the Tree Committee's decision to approve the removal of
one pine tree at the Property,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings: The City Council, after consideration of the appeal of the San
Luis Obispo Tree Committee's action, staff recommendations and reports thereon, and public
testimony, makes the following findings:
a. The damage the tree is causing to the owner's driveway and the public street constitutes
undue hardship to the Property Owner.
b. Removing the tree will not harm the character of the surrounding neighborhood.
SECTION 2. The appeal of the Tree Committee's decision to approve the property
owner's request to remove one pine tree at 1082 San Adriano is hereby denied and the property
owner may remove the tree with two replacement trees required to be planted, as required by the
Tree Committee and directed by the City Arborist, at the property owner's cost.
Upon motion of Council Member Carter, seconded by Vice Mayor Carpenter, and on the
following roll call vote:
AYES: Council Members Carter and Smith, and Vice Mayor Carpenter
NOES: Council Member Ashbaugh and Mayor Marx
ABSENT: None
R 10367
Resolution No. 10367 (2012 Series)
Page 2
The foregoing resolution was adopted this 12`h day of June 2012.
May an Marx
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS O FO
J. PhriXne Dietrick
Ci ttorney
RESOLUTION NO. 10368 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
SETTING CHARGES FOR WATER CUSTOMER VALVES,ADAPTERS,
METER BOXES, AND LIDS
WHEREAS, it is the policy of the City of San Luis Obispo to review charges on an
ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to
fully cover the cost of providing fixtures; and
WHEREAS, based on Assembly Bill 1953, effective January 1, 2010 the amount of lead
in specific plumbing fixtures was reduced from a regulated amount of no more than 8%, to a new
standard not to exceed 0.25%; and
WHEREAS, the City's costs of procuring compliant equipment have increased as a
result of the new standard; and
WHEREAS, the charges set forth herein represent the actual costs to the City of
procuring compliant equipment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The charges set forth in Exhibit "A" are hereby adopted, effective July 1,
2012.
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, 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 10368
Resolution No. 10368 (2012 Series)
Page 2
The foregoing resolution was adopted this 12`h day of June 2012.
G
Mayor J Marx
ATTEST:
SKeryll S oeder
Interim City Clerk
APPROVED AS TO FORM:
XDietrick
ey
Resolution No. 10368 (2012 Series) Exhibit A
Page 3
WATER CUSTOMER VALVES,ADAPTERS, METER BOXES AND LIDS CHARGES
Water Fixture Charges
Curren_t Proposed
Customer Valve Costs Customer.Valve Costs.
1.0 inch $ 80.00 1.0 inch $ 92.00
2.0 inch $250.00 2.0 inch $283.00
Ada ter Costs(Per Pair) Ada ter Costs. PerPaii -
1.0 inch service/.58 x.75 inch meter $ 18.00 1.0 inch service/.58 x.75 inch meter $ 20.00
1.0 inch service/.75 inch meter $ 16.00 1.0 inch service/.75 inch meter $ 19.00
1.5 inch service/ 1.0 inch meter $ 124.00 1.5 inch service/ 1.0 inch meter $ 140.00
2.0 inch service/ 1.0 inch meter $ 128.00 2.0 inch service/ 1.0 inch meter $ 143.00
2.0 inch service/ 1.5 inch meter $ 184.00 1 2.0 inch service/ 1.5 inch meter $206.00
Current Proposed
Water Meter Size Cost, Cost.
3/4" meter $89.00 $138.55
1" meter $115.00 $177.92
1.5"meter $650.00 $1,231.00
2"meter $995.00 $1,296.00
3" meter Time&Materials $1,532.00
4"meter Time&Materials $1,755.00
6"meter Time&Materials $2,586.00
RESOLUTION NO. 10369 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO IN SUPPORT OF
PRELIMINARY DEBT FINANCING APPLICATIONS FOR THE WATER
RECLAMATION ENERGY EFFICIENCY PROJECT
WHEREAS, the City of San Luis Obispo supports and promotes climate protection,
greenhouse gas reduction, and investment in infrastructure which will save energy and funds; and
WHEREAS, the City Council positively received a preliminary report related to the
installation of certain Energy Efficiency and Renewable Energy Upgrades at the Water
Reclamation Facility (WRF); and
WHEREAS, the City has entered into an agreement with Pacific Gas and Electric to
develop an Investment Grade Assessment (IGA) to complete a study, provide a thorough
financial breakdown, and partial design of the most efficient cost saving measures at the WRF;
and
WHEREAS, the full costs and benefits of the WRF Energy Project are not yet known
and it is premature to include the financial impacts of the project in the FY 2012-13 Sewer Fund
Review and Fund Analysis; and
WHEREAS, it is expected project costs will require the City to apply for and assume
some debt financing; and
WHEREAS, in the interest of timely project funding and in order to take the earliest
possible advantage of energy efficiencies, reduced maintenance benefits, and the current
favorable bidding and construction environment, should the IGA result in a favorable project, the
City expresses its intent to fully consider the project when the IGA results are available; and
WHEREAS, the City desires to communicate to lenders and grantors in the interim the
requisite conditional support necessary for preliminary loan and grant application processing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Support the submission of preliminary loan and grant applications for the
WRF Energy Project;
SECTION 2. Approve Exhibit A: a Proforma of Financial Schedules for the City of San
Luis Obispo's Sewer Fund, exclusively in support of preliminary financing applications and to
demonstrate the sewer fund's financial position for possible WRF Energy Project debt financing.
R 10369
Resolution No. 10369 (2012 Series)
Page 2
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, 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 12th day of June 2012.
4-�Ma"I�'
May an Marx
ATTEST:
Sheryll Scfiroeder
Interim City Clerk
APPROVED AS TO FO
V
tine Dietrick
orney
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RESOLUTION NO. 10370 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING THE
APPROPRIATIONS LIMIT FOR 2012-13
WHEREAS, the voters approved the Gann Spending-Limitation Initiative on November 6,
1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits
on state and local government agencies; and
WHEREAS, regulations require that the governing body of each local agency establish its
appropriations limit and annual adjustment factors by resolution; and
WHEREAS, the required calculations to determine the City's appropriations limit and
estimated appropriations subject to limitation for 2012-13 have been performed by the Department
of Finance& Information Technology and are available for public review.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 2012-13 as
follows:
Appropriations Limit: 2011-12 $49,323,400
Cost of Living Factor: Percent change in California per capita income 3.77%
Population Factor: County Population Growth 0.47%
Compound Percentage Factor(multiplicative not additive 1.043%
Appropriations Limit: 2012-13 $51,423,500
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh 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 19`x' day of June 2012.
(71� 206&1�
Mao . Marx
ATTEST:
'Sheryll Schroeder
Interim City Clerk
APPRO AS T O
J. stine Dietrick
City Attorney
R 10370
RESOLUTION NO. 10371 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERTY
LOCATED AT 1026 MILL STREET TO THE CONTRIBUTING LIST OF HISTORIC
RESOURCES, CHC 26-12
WHEREAS, the applicants, on March 6, 2012, submitted an application to add their
property to the Contributing List of Historic Resources; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public
hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 29, 2012, and recommended the Council add the property located at 1026
Mill Street to the Contributing List of Historic Resources; and
WHEREAS, the City Council conducted a public hearing on June 19, 2012, for the
purpose of considering adding the property located at 1026 Mill Street to the Contributing List of
Historic Resources (CHC 26-12); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, the records of the Cultural Heritage Committee hearing, and
the evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The Council makes the following findings of consistency with
Historic Preservation Program Ordinance eligibility criteria for the Contributing List of Historic
Resources:
1. The house is eligible for the Contributing List of Historic Resources because it meets
Historic Preservation Ordinance Historic Significance criteria for Architectural Criteria— Style.
The house is an excellent example of the Craftsman Bungalow style home that has retained its
integrity, purity of style and effectively contributes to the historic character of its surroundings.
2. The house is eligible for the Contributing List of Historic Resources because it meets
Historic Preservation Guidelines Historic Significance criteria for Architectural Criteria —
Design. The structure exhibits notable attractiveness with aesthetic appeal because of artistic
merit, details and craftsmanship.
SECTION 2. Environmental Determination. The City Council has determined that the
above actions are exempt pursuant to Section 15308 of the California Environmental Quality Act
which are exempt from environmental review because the action consists of adding the property
to the Contributing List of Historic Resources which provides additional safeguards to assure the
maintenance, restoration, enhancement and protection of a historic resource consistent with the
R 10371
Resolution No. 10371 (2012 Series)
Page 2
Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating,Restoring, and Reconstructing Historic Buildings.
SECTION 3. Action. The Council of the City of San Luis Obispo does hereby add the
property located at 1026 Mill Street to the Contributing List of Historic Resources.
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19`h day of June 2012.
r, , ng�
May r an Marx
ATTEST:
Sheryl S6roeder
Interim City Clerk
APPROVED AS TO FORM:
Ji Chri ne Dietrick
City-Attorney
STATE OF CALIFORNIA
CALIFORNIA EMERGENCY MANAGEMENT AGENCY Cal EMA ID No:
Cal EMA 130
RESOLUTION NO. 10372 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DESIGNATING THE CITY
MANAGER AS THE CITY'S AUTHORIZED AGENT FOR ACCEPTANCE OF
CALIFORNIA EMERGENCY MANAGEMENT AGENCY FUNDING
WHEREAS, The City of San Luis Obispo submitted an application for funding to
California Emergency Management Agency (Cal EMA); and
WHEREAS, the City of San Luis Obispo has been notified by Cal EMA who was
notified by the Federal Emergency Management Agency (FEMA) that the application for
funding has been approved.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that
SECTION 1. The City Manager, is hereby authorized to execute for and on behalf of the
City of San Luis Obispo, a public entity established under the laws of the State of California, this
application and to file it with the California Emergency Management Agency for the purpose'of
obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial
assistance under the California Disaster Assistance Act.
SECTION 2. That the City of San Luis Obispo, a public entity established under the
laws of the State of California, hereby authorizes its agent to provide to the California
Emergency Management Agency for all matters pertaining to such state disaster assistance the
assurances and agreements required.
SECTION 3. This is a universal resolution and is effective for all open and futures
disasters up to three (3) years following the date of approval below.
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, 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 10372
Resolution No. 10372 (2012 Series)
Page 2
The foregoing resolution was adopted this 19`h day of June 2012.
r,i,
Mayor Marx
ATTEST:
Sheryl] Schroeder
Interim City Clerk
APPROVED AS TO FO
J. C!y4sIt e Dietrick
C' Attorney
RESOLUTION 10373
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF SAN LUIS OBISPO
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shall
contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20475 (Different Level of Benefits).
Section 21363.1 (3% @ 55 Full formula)and Section 20037
(Three-Year Final Compensation)are applicable to local fire
members entering membership for the first time in the fire
classification after the effective date of this amendment to
contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof..
By:
Prestd Officer
Title
ate adopted and approved
(Amendment)
CON-302(Rev.4/96)
�l1 ��
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
-- --
MMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of San Luis Obispo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October
3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978,
January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987,
November 16, 1989, August 8, 1993, November 5, 1999, January 7, 2000, July 6, 2000,
September 21, 2001 March 28, 2002, July 18, 2002, January 30, 2003, February 27,
2003, July 14, 2005 and December 29, 2005 which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective December 29, 2005, and hereby replaced by the following paragraphs
numbered 1 through 15 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members, age 50 for local police
members and for those local fire members entering membership in the fire
classification on or prior to the effective date of this amendment to contract
and age 55 for local fire members entering membership for the first time in
the fire classification after the effective date of this amendment to contract.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1952 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of.Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages,judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901)of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CalPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute onto
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fre Fighters (herein referred to as local safety members);
b. Local Police Officers(herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. CROSSING GUARDS.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after January 30, 2003 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after January 30, 2003 shall be determined in
accordance with Section 21354.5 of said Retirement Law(2.7% at age 55
Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member and for those
local fire members entering membership in the fire classification on or
prior to the effective date of this amendment to contract shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
9. The percentage of final compensation to be provided for each year of
credited current service as a local fire member entering membership for
the first time in the fire classification after the effective date of this
amendment to contract shall be determined in accordance with Section
21363.1 of said Retirement Law(3% at age 55 Full).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits)for local fire
members only.
b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members and local police members only.
C. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance)for local safety members only.
d. Section 20965 (Credit for Unused Sick Leave).
e. Section 20042 (One-Year Final Compensation) for local
miscellaneous members, local police members and for those local
fire members entering membership on or prior to the effective date
of this amendment to contract.
f. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
g. Section 21024(Military Service Credit as Public Service).
h. Section 21548 (Pre-Retirement Option 2W Death Benefit).
i. Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to local fire members entering
membership for the first time in the fire classification after the
effective date of this amendment to contract.
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
June 1, 1976. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement.
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local police members and local miscellaneous members.
C. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
15. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the 30 day of d,, f oZ0/„7.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISPO
BY BY
KAREN DE FRANK, CHIEF PRESIG OFFICER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Wit ss Date
Attest:
Clerk
AMENDMENT CaIPERS ID 117574828515
PERS-CON-702A
RESOLUTION NO. 10374 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CEASING TO PAY AND
REPORT THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS
FOR INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,LOCAL 3523 HIRED
UNDER SECOND TIER RETIREMENT AND SUPERSEDING
PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the Council of the City of San Luis Obispo has the authority to implement
Government Code Section 20636(c) (4)pursuant to Section 20691; and
WHEREAS, the Council of the City of San Luis Obispo has ratified a Memorandum of
Agreement with the International Association of Firefighters, Local 3523 which no longer provides
for the normal member contributions to be paid by the employer and reported as additional
compensation for employees hired after implementation of second tier contract amendment with
CalPERS; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption
by the Council of the City of San Luis Obispo of a Resolution to no longer pay and report the value
of said EPMC; and
WHEREAS, the governing body of the City of San Luis Obispo has identified the
following conditions for the purpose of its election to no longer pay EPMC;
• 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 for all employees of the
International Association of Firefighters, Local 3523 hired after the implementation of
second tier contract amendment with Ca1PERS.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby:
SECTION 1. Elects to no longer pay the member contribution and therefore no longer
report EPMC as additional compensation for all employees of the International Association of
Firefighters, Local 3523 hired after the implementation of second tier contract amendment with
Ca1PERS.
SECTION 2. Directs that prior resolutions relating to International Association of
Firefighters, Local 3523 compensation and benefits are hereby superseded to the extent
inconsistent with this resolution.
R 10374
Resolution No. 10374 (2012 Series)
Page 2
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh and on
the roll call following vote:
AYES: Council Members Ashbaugh and Carter, and Mayor Marx
NOES: Vice Mayor Carpenter and Council Member Smith
ABSENT: None
The foregoing resolution was adopted this 19th day of June 2012.
Mayor arx
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO F RM:
J. me letric
ty Attorney
T:Wttomey\Resolutions and Ordinances\2012\Reso 10374 Fire 2012 EPMC.docx
RESOLUTION NO. 10375 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING
THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD
OF JANUARY 1,2012 THROUGH DECEMBER 31,2014
WHEREAS, representatives of the San Luis Obispo City Employees' 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 City Employees' Association acknowledges 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 City Employees' 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: Ron Faria, San Luis Obispo City
Employees' 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, Carter and Smith,Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
R 10375
Resolution No. 10375 (2012 Series)
Page 2
The foregoing resolution was adopted this 19th day of June 2012.
May ari Mari(
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO FORM•
J. C ' tine Dietrick
Attorney
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 2012
Through
DECEMBER 31 , 2014
'IVO II�I�ifll Iillli�.'� I��Illil�;Iddl�l��I IIII`Ij�li cI ty of
udj�ll�lllji,i��
Ak
lia
San tuis OBISPO
TABLE OF CONTENTS
Article No. Title Page No.
1 Parties to Agreement........................................................ 1
2 Recognition.......................................................................2
3 Term of Agreement...........................................................3
4 Renegotiation....................................................................4
5 Salary................................................................................5
6 Overtime............................................................................9
7 Standby........................................................................... 10
8 Callback .......................................................................... 11
9 Work Out-Of-Classification ............................................. 12
10 Temporary Assignment................................................... 13
11 Bilingual Pay...................................................................14
12 Payday............................................................................ 15
13 Retirement ...................................................................... 16
14 Retiree Medical Trust...................................................... 19
15 Insurance and Refund ................:...................................20
16 Long Term Disability Insurance ......................................25
17 Holidays ..........................................................................27
18 Sick Leave.......................................................................28
19 Bereavement Leave........................................................31
20 Family Leave...................................................................32
21 Vacation Leave...............................................................34
22 Workers' Compensation Leave ......................................36
23 Work Schedule ...............................................................37
24 Probation Period .............................................................38
25 Americans with Disabilities Act.......................................39
26 Transfer...........................................................................40
27 Layoffs.............................................................................41
28 Modified Duty Assignment..............................................46
29 Class "A & B" Physicals..................................................47
30 Uniform and Uniform Allowance.....................................48
31 Safety Program...............................................................49
32 Employee Rights.............................................................50
i
33 Grievance Procedure......................................................51
34 Representative Role .......................................................53
35 Committee Representation.............................................55
36 Dues Deduction/Agency Shop........................................56
37 Management Rights........................................................58
. 38 Peaceful Performance....................................................59
39 Full Agreement................................................................60
40 Savings Clause...............................................................61
41 Authorized Agents............................................................62
42 Signatures.......................................................................63
AppendixA......................................................................64
ii
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this 1 gth day of June, 2012, by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo
City Employees'Association, hereinafter referred to as the Association.
Nothing in this Agreement between the parties shall invalidate nor be substituted for any
provisions in City Resolution No. 6620 unless so stipulated to by provision(s) contained
herein and agreed to.
1
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, the
City hereby recognizes the San Luis Obispo City Employees' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the General
Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of the Agreement.
2
ARTICLE 3
TERM OF AGREEMENT
This Agreement shall become effective January 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 December 31 , 2014.
3
ARTICLE 4
RENEGOTIATION
If the Association desires to negotiate a successor Agreement, then the Association shall
serve upon the City, during September of 2014, its written request to begin negotiations
as well as its written proposals for such changes. Negotiations shall begin within, but no
later than, thirty (30) days from the date of receipt of the notice and proposals by the City.
4
ARTICLE 5
SALARY
SECTION A Rules Governing Step Changes
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate for
the class. In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the Human Resources Director
may authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee to
improve his/her work. An employee may be advanced to the second step
following the completion of twelve months satisfactory service upon
recommendation by his/her department head and the approval of the
Human Resources Director.
(3) The third step represents the middle value of the salary range and is the rate
at which a fully qualified, experienced and ordinarily conscientious employee
may expect to be paid after a reasonable period of satisfactory service. An
employee may be advanced to the third step after completion of twelve
months service at the second step, provided the advancement is
recommended by the department head and approved by the Human
Resources Director.
(4) The fourth and fifth steps are to be awarded only if performance is deemed
competent or above as shown on the last performance evaluation. An
employee may be advanced to the fourth step after completion of one year
of service at the third step provided the advancement is recommended by
the department head and approved by the Human Resources Director. An
employee may be advanced to the fifth step after completion of two years
service (one year for employees who were at fifth step in one classification
and then promoted to a lower step in a higher classification) at the fourth
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step provided the advancement is recommended and justified in writing by
the department head and approved by the Human Resources Director.
(5) The above criteria for step increases apply except where other
arrangements are authorized by the City Manager.
(6) In applying the above rules, the next step shall be granted, other conditions
having been met, on the first day of the payroll period within which the
anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege of the
department head and City Manager to reconsider such increase at any time
during the year.
(8) Each department head shall be authorized to reevaluate employees who
reach Step 5 in their pay range. An employee who is not performing up to
standard for the fifth step shall be notified in writing that the department
head intends to reduce him one step unless his job performanceimproves to
an acceptable level by the end of 60 days. Prior to the end of 60 days the
department head shall again reevaluate the employee and, as part of that
reevaluation, shall notify the employee if the pay reduction shall then
become effective. The fifth step may be reinstated at any time upon
recommendation of the department head. If the department head deems it
necessary to again remove the fifth step during the same fiscal year, he/she
may make the change at anytime with three business days written notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing his/her salary until such time as there is an improved job performance. The
department head shall give 60 days written notice to any employee he/she intends to "Y"
rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated
employee would not receive either step increases or salary increases granted by the City
Council in a MOA resolution. The "Y" rating procedure shall not result (then or later) in
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the employee being frozen below the next lower step of the new range. For example, if
an employee is at step 4 when "frozen" his/her salary shall not ever be less then the
current step 3 by this action.
SECTION C Computation of Salary Range
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of
the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board % salary increase shall raise step 5 of range 1 by that %. Step 5
of each successive salary range will be 2.63% above step 5 of the next lower range.
After all step 5's of salary ranges have been established, each step 5 shall be rounded
off to the nearest $1.00 and the remaining steps established in accordance with the
above formula.
SECTION D Salary Provision for the Term of Agreement
1. The parties agree there shall be no cost of living (COLA) increase for the term of
the agreement..
SECTION E Compensation Study
1. The City will begin a benchmark compensation study that includes examining
comparison data from local and regional cities on or about January 1., 2014 and
complete said study on or before June 30, 2014. The data compared will include,
at a minimum, top step salary, cafeteria contribution, and retirement formula. A
comprehensive project plan will be cooperatively developed and communicated to
all stakeholders. Periodic updates and a thorough presentation of the process
and findings will be provided to the SLOCEA board. Should the findings lead to
proposed changes in compensation for classifications in the bargaining unit, the
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City will meet and confer with SLOCEA to address those proposed changes and
the impacts, if any, caused by those changes.
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ARTICLE 6
OVERTIME
A. DEFINITION
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of overtime.
All overtime shall be authorized in writing by the department head or designee prior
to being compensated.
B. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, or in time off (CTO) at the rate of one and one-half
(1 1/2) hours for each hour of overtime worked. All overtime shall be compensated
to the nearest five (5) minutes worked.
C. COMPENSATORY TIME OFF (GTO)
An employee eligible for overtime compensation may elect compensation in the
form of time off (CTO). An employee shall be compensated in CTO only if the
employee's department head or designee approved such compensation. An
employee may not be compensated in CTO for more than sixty (60) hours of
overtime worked in the calendar year. Accumulated CTO may be taken through
December 31St of each calendar year. Accumulated CTO not taken by midnight
December 31 st shall be compensated in cash at straight time.
Such compensation shall be paid in January of the following year.
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ARTICLE 7
STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed-upon
communication equipment; and
Refrain from activities which might impair his/her assigned duties upon call.
B. Employees will receive thirty five dollars ($35.00) for each week day, forty dollars
($40.00) for each weekend day, and forty dollars ($40.00) for each holiday of such
assignment.
C. For return to work as part of a standby assignment, as defined above, the City will
guarantee either two (2) hours of pay in cash at straight time or pay at time and one
half for time actually worked whichever is greater.
D. The parties agree that employees on standby, as defined above, are "waiting to be
engaged."
10
ARTICLE 8
CALLBACK
A. DEFINITION
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at. the end of the
employee's workshift or workweek;
Except that, an early call-in of up to two (2) hours prior to the scheduled start or a
workshift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will guarantee
either four (4) hours pay in cash at straight time or pay at time and one-half for time
actually worked, whichever is greater.
If an employee who was called back and has completed his/her assignment and
left work is again called back to work, he/she will not receive another minimum if
the return is within the original minimum.
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ARTICLE 9
WORK OUT-OF-CLASSIFICATION
A. OUT-OF-CLASS ASSIGNMENT
For the purposes of this article, an out-of-class assignment is the full-time
performance of all the significant duties of an available, funded position in one
classification by an individual in a position in another classification. An employee
assigned in writing by management to work out-of-class on a position that is
assigned a higher pay range and is vacant pending an examination or is vacant
due to an extended sick leave, shall receive five percent (5%), but in no case more
than the fifth step of the higher class, in addition to their regular base rate
commencing on the eleventh consecutive workday on the out-of-class assignment.
Employees assigned as project managers and thereby working out-of-classification
shall receive compensation pursuant to this section.
Work out-of-class compensation will be evaluated after six months. Out-of-class
compensation will be increased to the first.step of the higher classification at least
five (5%) upon the recommendation of the supervisor and approval of the
department head.
B. SEASONAL SUPERVISION
If, in addition to his/her regularly assigned employees, any employee responsible
for five (5) or more temporary workers for a period exceeding 10 consecutive work
days shall receive additional pay of 5% commencing with the 11th day.
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ARTICLE 10
TEMPORARY ASSIGNMENT
An appointing authority may temporarily assign an employee to a different position for a
specific period of time, after which the employee returns to his/her regular duties and
position from which he/she was regularly assigned. Such action shall have the prior
approval of the Human Resources Director. An appointing authority may assign an
employee to a different position for a period of time not to exceed 90 days, provided the
employee has received 24 hours written notice which includes reasons for the
assignment.
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ARTICLE 11
BILINGUAL PAY
Employees certified as bilingual in Spanish through a testing process and certified as
being required to regularly use their Spanish speaking skills shall receive a bilingual
payment of thirty-five ($35) dollars per pay period. Additional languages may be
approved by the City based upon demonstrated need. Regardless of certification and
payment, all employees shall use any language skills they possess to the best of their
ability.
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ARTICLE 12
PAYDAY
Paychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working conditions
and is subject to adjustment for cause beyond the City's control.
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ARTICLE 13
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2.7% at age
55 plan to all eligible employees including the amendments permitting conversion
of unused sick leave to additional retirement credit, the 1959 survivor's benefit (4th
level), one year final compensation, the Military Service Credit option, and the Pre
Retirement Option 2 Death Benefit.
B. 1. For City employees covered by the PERS 2.7% @ age 55 plan (hired prior
to implementation of the second tier contract amendment with CaIPERS), effective
the first full pay period in July 2012, the City will pay six percent (6%) of the
employee's obligation to pay eight percent (8%) salary to PERS. The six percent
(6%) payment by the City will be reported to PERS as special compensation
(EPMC).
For City employees covered by the PERS 2.7% @ age 55 plan, effective the first
full pay period in January 2013, the City will pay four percent (4%) of the
employee's obligation to pay eight percent (8%) salary to PERS. The four percent
(4%) payment by the City will be reported to PERS as special compensation
(EPMC).
For City employees covered by the PERS 2.7% @ age 55 plan, effective the first
full pay period in July 2013, the City will pay two percent (2%) of the employee's
obligation to pay eight percent (8%) salary to PERS. The two percent (2%)
payment by the City will be reported to PERS as special compensation (EPMC).
Effective the first full pay period in January 2014, employees covered by the 2.7%
at 55 plan will pay the full eight percent member contribution to PERS.
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2. The City agrees to report as salary all Employer-Paid Member
Contributions for full-time employees to PERS for the purposes of retirement
credit in accordance with Gov. Code Section 20636 (c).(4). until the first full pay
period in January 2014.
3. The amount paid by the City is an employee contribution and is paid by the
City to partially satisfy the employee's obligation to contribute to PERS. An
employee has no option to receive the contributed amounts directly instead of
having them paid by the City to PERS on behalf of the employee. The
Association understands and agrees that employees bear the risk of payment of
any increases in the employee contributions above the amount provided in this
Agreement which may result by action of PERS or the state legislature. Parties
further agree that City payment of PERS contributions is made based upon tax
treatment currently permitted by the State Franchise Tax Board and the IRS.
Should current tax treatment change, the Association and the employees hold
harmless the City, its officers and agents from any and all claims or costs of any
type, including but not limited to, liability for back taxes, arising out of this
Agreement to pay part of the employee's PERS contribution. Should current tax
treatment change, the Association shall have the opportunity to meet and confer
regarding any such changes.
4. The employee pays to PERS their contribution; as allowed under Internal
Revenue Service Code Section 414 (h) (2) the contribution is made on a pre-tax
basis.
C. For City employees hired after implementation of second tier contract amendment
with PERS, the City will provide the PERS 2% at 60 retirement plan using the
highest three year average as final compensation. The second tier formula will
include the following amendments: conversion of unused sick leave to additional
17
retirement credit, the 1959 survivor's benefit (4th level), the Military Service Credit
option, and the Pre-Retirement Option 2 Death Benefit. Employees hired under
this plan will pay the full member contribution required under the plan, presently
seven percent (7%).
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ARTICLE 14
RETIREE MEDICAL TRUST
The City of San Luis Obispo Employee's Association has established a Retiree Medical
Benefit Trust to provide for health insurance and other medical expense reimbursements
to unit employees after retirement. The Trust is administered separately by a Board of
Trustees composed of members of the Association. The City is not involved with the
establishment or administration of the Trust. Included in the funding for the Trust will be
amounts designated by the Association to be deducted from each employees' paycheck.
Effective May 17, 2012 the deduction will be zero. The City's sole responsibility is to
forward the designated amounts to the Trust.
The Association and Board of trustees are solely responsible for obtaining any necessary
IRS approvals, establishing and administering the Trust. The Association will indemnify,
defend and hold harmless the City, its agents, officers and employees, against any and
all claims or legal proceedings regarding the establishment and operation of the Trust.
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ARTICLE 15
INSURANCE AND REFUND
A. CONTRIBUTION
1. The City shall contribute the amounts as set forth below for Cafeteria Plan
benefits for each regular, full time employee covered by this agreement. Employees
shall be eligible for the City contributions set forth above based on number of
dependents they enroll in the PERS Medical Benefit Program. The Cafeteria Plan
amount is inclusive of mandatory dental and vision coverage. Less than full-time
employees shall receive a prorated share of the City's contribution.
Employee Only $ 469.00
Employee Plus One $ 928.00
Family $1,255.00
Effective December 2013 (for the January 2014 premium) and effective 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 Obispo
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).
2. Employees hired on September 1, 2008 or thereafter who elect not to be
covered and opt out of the City medical plan will be required to provide proof of
medical insurance elsewhere and receive a $200 per month cafeteria contribution.
3. Employees hired prior to September 1, 2008 who elected either employee
only medical coverage or who elect to opt out of the City medical plan with proof of
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medical insurance elsewhere shall be "grandfathered".in at the $790 per month
contribution amount. Any employee initially grandfathered in at $790 per month
who later changes the number of dependents covered loses the grandfather status
from that point forward.
B: INSURANCE COVERAGE
1. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with
the "unequal contribution option" at the PERS Minimum Contribution Rate,
currently $112.00 per month for active employees and $106.40 per month
for retirees. The City's contribution toward retirees shall be increased by five
(5%) percent per year of the City's contribution for the active employees until
such time as the contributions for employees and retirees are equal. The
City's contribution will come out of that amount the City currently contributes
to employees as part of the City's Cafeteria Plan. The cost of the City's
participation in PERS will not require the City to expend additional funds
toward health insurance beyond what is already provided for. In summary,
this cost and any increases will be borne by the employees.
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2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
portion of the City's contribution (after dental and vision insurance premiums
are deducted) in cash in accordance with the City's Cafeteria Plan. Those
employees will also be assessed $16.00 per month to be placed in the
Retiree Health Insurance Account. This account will be used to fund the
Retiree Health Insurance Account. This account will be used to fund the
City's contribution toward retiree premiums and the City's costs for the Public
Employee's Contingency Reserve Fund and the Administrative Costs.
However, there is no requirement that these funds be used exclusively for
this purpose nor any guarantee that they will be sufficient to fund retiree
health costs, although they will be used for negotiated employee benefits.
3. Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance
benefits to domestic partners (Section 22873 of the Public Employees'
Medical and Hospital Care Act [PEMCHA]).
4. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans
at the "employee only" rate. Should they elect to cover dependents in the
City's dental and vision plans, they may do so, even if they do not have
dependent coverage under the PERS medical plan.
C. LIFE INSURANCE
Employees shall pay for life insurance coverage of Fifty Thousa..nd Dollars
($50,000). The effective date of the increase will depend on approval from
Standard Insurance Company.
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D. MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion. The vote of
each voting representative shall be weighted according to the number of
employees represented by the Association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE
a. Review and suggest changes for the City's flexible benefits plan and
the insurance plans offered under the MOA;
b. Submit to the City and its employee associations recommendations
on proposed changes for the City's flexible benefits plan and the
insurance plans offered under the MOA;
C. Disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the MOA;
d. Participate in other related assignments requested by the City and its
employee associations.
2. MISCELLANEOUS
a. The actions of the Medical Plan Review Committee shall not preclude
the Association and the City from meeting and conferring.
b. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City and
Association.
C. If changes to the City's flexible benefits plan or Cafeteria Plan, are
subject to meet and confer requirements, the City and the Association
agree to meet and confer in good faith.
d. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City .shall pay any fees
23
incurred for this consultation, provided that the City has approved the
consultation and fees in advance.
E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive regular City
health payment benefit for the first two pay periods following the pay period in
which the employee's accrued vacation and sick leave balances reach zero (0).
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ARTICLE 16
LONG TERM DISABILITY INSURANCE
A. COVERAGE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct from
employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time-in-service and other City benefits will only accrue when an employee is on
City-paid time.
D. COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that take
home pay will not exceed regular take home pay. Paid time is defined as
vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his/her uncashed LTD benefit check to Finance.
a. Determination of the use of paid time for coordination of benefits shall
be made by the City. Employees on disability leave shall be required
to use all accumulated paid time prior to using unpaid time.
b. Employees who receive LTD benefits shall receive credit fora portion
of the paid leave used to cover their absence. To determine the
credit, the amount of their LTD benefit shall be divided by their base
hourly rate multiplied by 1.4. The credit shall be prorated if the
employee has any non-paid time during the pay period. To receive
the credit, the employee must sign his/her LTD benefit check over to
the City.
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EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1.4x $9.67 = $13.54
$384 /$13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE
1. If an employee has no paid time at the beginning of a pay period, the
employee shall neither accrue vacation or sick leave, nor shall the employee
receive his/her regular City health payment benefit except as provided in #3
below. To continue health insurance, the employee must pay the entire cost
of his/her health coverage for that pay period.
2. If an employee has at least sixteen hours of paid time at the beginning of a
pay period, the employee shall receive his/her regular vacation and sick
leave accruals.
3. If an employee has any paid time at the beginning of a pay period, the
employee shall receive his/her regular City health payment benefit for that
pay period. For continuance of medical insurance see Insurance and
Refund, Article 15, Section E.
F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD after the required two (2) years
membership, it must present a majority petition indicating such desire.
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ARTICLE 17
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January- Martin Luther King Jr. Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September- Labor Day
November 11 -Veteran's Day
Fourth Thursday in November- Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be
defined as eight (8) hours of paid time off for regular full-time employees.
Floating holiday accrual: An individual employed on a floating holiday (FH) accrual date
shall be credited with eight (8) hours of additional vacation. Use, carry-over,
accumulation, etc. of such vacation shall be subject to the same rules and procedures
that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1.
27
ARTICLE 18
SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or off-the-job
injury, or exposure to contagious diseases as evidenced by certification from an
accepted medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line-item position shall accrue sick leave with pay at the
rate of twelve (12) days or the prorated shift equivalent per year of
continuous service.
2. Sick leave may be used after the completion of the month of service in which
it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Manager for the uses of
sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of
five (5) consecutive working days by personnel in his/her department. Such
proof may be required for periods less than five (5) consecutive working
days where there exists an indication of sick leave abuse.
6. Any employee who is absent because of sickness or other physical disability
shall notify his/her immediate supervisor or department head as soon as
possible but in any event during the first day of absence. Any employee who
fails to comply with this provision, without having a valid reason, will be
placed on leave of absence without pay during the unexcused absence and
be subject to disciplinary action.
7. Any employee absent for an extended illness or other physical disability may
be required by the Human Resources Director to have an examination by
the City's medical examiner, at City expense, prior to reinstatement to the
City service.
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8. An appointing authority, subject to approval of the Human Resources
Director, may require any employee to be medically examined where
reasonable cause exists to believe that an employee has a medical
condition which impairs his/her job effectiveness or may endanger the
health, safety or welfare of the employee, other employees, or the public.
Employees who are judged to be physically incapable of meeting normal
requirements of their positions may be placed in a classification of work for
which they are suitable when a vacancy exists, or may be separated for
physical disability.
9. In the event that an employee's sick leave benefits become exhausted due
to illness or exposure to contagious disease, the employee shall revert to a
status of leave of absence without pay and be subject to the provisions of
the Personnel Rules unless eligible to participate in the City's Catastrophic
Leave Policy. For continuation of medical insurance see Insurance and
Refund. Article 15, Section E.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the City. This plan shall not give
any employee the right to be retained in the services of the City nor any right
of claim to sickness disability benefits after separation from the services of
the City. When an employee receives compensation under the Worker's
Compensation Act of California, such compensation received shall be
considered part of the salary to be paid to the employee eligible for such
payments as required by state law. The amount paid by the City shall be the
difference between the amount received by the employee from the City's
compensation insurance coverage and the eligible employee's regular rate
of pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the City while
absent from duty by reason of injuries or disability received as a result of
29
engaging in employment other than employment by the City for monetary
gain or other compensation other than business or activity connected with
his/her City employment.
12. Accumulation of sick leave days shall be unlimited.
13. Upon termination of employment by death or retirement, a percentage of the
dollar value of the employee's accumulated sick leave will be paid to the
employee, or the designated beneficiary or beneficiaries according to the
following schedule:
(a) Death - 30%
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment- 10%
(2) After fifteen years of continuous employment- 15%
(3) After twenty years of continuous employment—20%
(4) After twenty-five years of continuous employment—25%
(5) After thirty years of continuous employment— 30%
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ARTICLE 19
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/domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, or any other relative living in the same household, provided such leave as
defined in this section shall not exceed five (5) working days (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.
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ARTICLE 20
FAMILY LEAVE
A. An employee may take up to two (2) days (16 hours) of sick leave per year if
required to be away from the job to personally care for a member of his/her
immediate family.
B. An employee may take up to five (5) days (40 hours) of sick leave per year if the
family member is part of the employee's household.
C. An employee may take up to seven (7) days (56 hours) of sick leave per year if the
family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined as spouse/domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother,
step-sister, grandparent, or any other relative living in the same household.
E. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member. ,
F. If the family member is a child, parent or spouse/domestic partner, an employee
may use up to 48 hours annually to attend to the illness of the child, parent, or
spouse, instead of the annual maximums in paragraphs A. and B. above, in
accordance with Labor Code Section 233.
G. In conjunction with existing leave benefits, employees with one year of City service
who have worked at least 1280 hours in the last year, may be eligible for up to 12
weeks of Family/Medical Leave within any 12 month period. Family/Medical Leave
can be used for:
1. A new child through birth, adoption or foster care (maternal or
paternal leave).
2. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
32
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the existing
four month Pregnancy-Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personal illness, will be subtracted from the 12
weeks allowed by the Family/Medical Leave Program. Employees must use all
available vacation, compensatory time and administrative leave and, if appropriate,
sick leave prior to receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive
cash back under the City's Flexible Benefit Plan will not receive that cash during the
Family/Medical Leave. Only City group health insurance premiums will be paid by
the City.
If an employee does not return to work following Family/Medical leave, the City may
collect from the employee the amount paid for health insurance by the City during
the leave. There are two exceptions to this ruler
1. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's "Guide to
Family/Leave Program."
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ARTICLE 21
VACATION LEAVE
A. Each incumbent of a 40 hour a week line-item position shall accrue vacation leave
with pay at the rate of 12 days (96 hours) per year of continuous service since the
benefit date for the first five years, 15 days (120 hours) per year upon completion of
five years, 18 days (144 hours) per year upon completion of ten years, and 20 days
(160 hours) upon completion of twenty years.
B. An incumbent is not eligible to use accrued vacation leave until it has been
accrued, and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any
unused vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a manner
that neither jeopardizes their vacation balance nor the efficiency of the work unit.
Vacation schedules must be reviewed by management prior to the scheduled
vacation. Vacation schedules will be based upon the needs of the City and then,
insofar as possible, upon the wishes of the employee. Management may not deny
an employee's vacation request if such denial will result in the loss of vacation
accrual by the employee, except that, management may approve a two-month
extension of maximum vacation accrual. In no event shall more than one such
extension be granted in any calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have such
time credited as sick leave under the following conditions:
1. A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor upon
returning to work.
2. The vacation leave immediately ends and the employee reports to
work following the end of sick leave usage. (Ordinance No. 782 -
1978 Series)
34
F. Vacation leave shall be accrued as earned through the last pay day in December,
up to a maximum of twice the annual rate.
G. All employees in this unit are eligible, once annually in December, to request
payment for up to forty (40) hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Employees must have eighty (80) hours of accrued vacation leave to be eligible.
Upon request, vacation sellback payments shall be made by separate check.
35
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 during the first 90 business days of such
temporary disability absence. Eligibility for workers' compensation leave requires an
open workers' compensation claim.
For continuation of medical insurance see Insurance and Refund, Article 15, Section E.
36
ARTICLE 23
WORK SCHEDULE
This article is intended to define the normal hours of work and shall not be construed as
a guarantee of hours of work per day, nor hours of work per week, nor of days of work
per week.
Employees shall be scheduled to work on regular workshifts having regular starting and
quitting times. Except for emergencies, employees' workshifts shall not be changed
without reasonable prior written notice to the employee and the Human Resources
Director. Neither callback nor overtime constitutes a change in workshift. All references
to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one
(1) day being equivalent to eight (8) hours.
37
ARTICLE 24
PROBATION PERIOD
All new appointments in line-item positions in the classified service shall be subject to a
probationary period of one year. Promotions or transfers to line-item positions within the
general unit in the classified service shall be subject to a probationary period of six
months. The probationary period may be extended or reinstated if further employee
evaluation is deemed necessary for up to six months upon the written recommendation
of the department head and the written approval of the Human Resources Director.
Employees not successfully passing a promotional or transfer probation or voluntarily
requesting to have the promotion rescinded during the first 90 calendar days of the
probationary period shall be returned to their previously held position without notice or
hearing. If the cause for not passing probation was sufficient grounds for dismissal, the
employee shall be subject to dismissal without reinstatement to the lower position. If no
vacancy exists, the name of the employee may be placed on a Reemployment List per
Article 27, Layoffs, section B.
38
ARTICLE 25
AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with Disabilities
Act. It is agreed that the City shall take all necessary actions to comply with the
provisions of this Act. If necessary, sections of this Memorandum of Agreement and/or
the City Personnel Rules may be suspended in order to achieve compliance.
39
ARTICLE 26
TRANSFER
A. TRANSFER REQUEST
Employees who want to transfer may notify the City by filing a form with the Human
Resources Department. Such form shall be developed and made available by the
Human Resources Department.
B. TRANSFER PROCESS
Upon proper notice and concurrence by the City Manager, an employee may be
transferred by the appointing authority from one position to another in the same pay
range provided he/she possesses the minimum qualifications as determined by the
Human Resources Director.
If the transfer involves a change from one department to another, both department
heads must consent thereto unless the City Manager orders the transfer for
purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
40
ARTICLE 27
LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when and in what position or classifications layoffs are to occur. The Human
Resources Director shall be responsible for the implementation of a layoff order of the
City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be laid
off, the order of layoffs shall be as follows:
1. Temporary and contract employees, in the order to be determined by
the appointing authority;
2. Probationary employees (promotional probation excluded), in the
order to be determined by the appointing authority;
For regular employees, layoffs shall be governed by job performance and
seniority in service within a particular department and job classification. For
the purpose of implementing this provision, job performance categories shall
be defined as follows:
Category 1:
Performance that is unsatisfactory, below standard, needs
improvement, unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by the employee's
two most recent performance evaluations with an overall rating that
falls within the lowest two categories of the performance appraisal
report.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and
expectations or is outstanding. Performance defined by this category
41
is evidenced by an employee's two most recent performance
evaluations with an overall rating that falls within the top two or three
performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least
seniority in the particular job classification concerned and in the
department involved who is in the lowest job performance category.
Employees in Category 1 with the lowest seniority will be laid off first,
followed by employees in Category 2. Should the two performance
evaluations contain overall ratings that are in the two different
Categories as defined above, the third most recent evaluation overall
rating shall be used to determine which performance category the City
shall use in determining order of layoffs.
a. In the event two or more employees in the same job
classification are in the same job performance category, the
employee with the least amount of service with the City shall
be laid off first.
b. Transfer to another department in lieu of layoff is authorized
upon approval of the department needs, if there is a vacancy
and the employee meets the minimum job requirements.
C. Regular part time employees shall receive prorated seniority
credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed on the
appropriate Reemployment List for one year. The recall of employees will be
in reverse order of layoff, depending upon City requirements.
Reemployment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and responsibilities of
the class from which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class.
42
An appointing authority may, with the approval of the department head and
the Human Resources Director and in agreement with the employee, appoint
an employee who is to be laid off to a vacancy in a vacant class for which he
or she is qualified.
D. Employee reassignments (bumping procedure):
1. Employees who have been promoted during their service with the City
may bump back one classification in their career series, or to a
position within a classification they formerly held, if there is an
employee in the lower previously held classification with less seniority
than the employee who wants to bump. Seniority for the purpose of
this section shall mean time in the position in the lower classification
plus time in other classifications. For example, (1) an employee
attempting to bump to Accounting Assistant II from Accounting
Assistant III would utilize their combined time as a II and III in
determining whether or not they had more seniority than an individual
in the II classification. (2) An employee attempting .to bump to a
Parks Worker II from a Street Painter position would utilize their
combined time in each respective position to determine seniority.
2. Reassignment rights may be exercised only once in connection with
any one layoff, and shall be exercised within seven (7) calendar days
from the date of the notice of the layoff, by written notice from the
employee.
3. The bumping right shall be considered exercised by the displacement
of another employee with lesser total service or by the acceptance of
a vacant position in the class with the same or lower salary.
4. Full time and part time regular employees shall have bumping rights
for either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Manager determines that the
public interest will not be served by application of the above criteria,
43
the City Manager may depart therefrom on the basis of a clearly
demonstrable superiority in performance and/or qualifications.
6. Employees on layoff shall be offered reemployment in the inverse
order of layoff, provided no intervening factors have occurred which
essentially change the ability of the employee to perform the offered
employment.
E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective date
of any reduction in force concurrent with the notice to the affected
employee(s) pursuant to G, below.
G. Notice of Layoff to Employees.
An employee to be laid-off shall be notified in writing of the impending action
at least thirty (30) calendar days in advance of the effective date of the lay-
off. The notice shall include the following information:
1. Reason for lay-off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names from Reemployment Lists.
The Human Resources Director may remove an employee's name from a
reinstatement list if any of the following occur:
1. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
2. The individual cannot be reached after reasonable efforts have been
made to do so. The City shall utilize certified mail when contacting
individuals; or
3. The individual refuses two reemployment offers. Individuals shall
have ten (10) days to respond to the offer of reemployment and an
additional fourteen (14) days to return to work.
44
K. Employee Rights and Responsibilities.
In addition to rights identified herein, employees affected by these
procedures shall also have the following rights:
1. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a
prescheduled interview or test for other employment.
2. An employee who has been laid off shall be paid in full for his/her
unused accrued vacation leave on the effective date of the layoff.
3. When an individual is reemployed he/she shall be entitled to:
a. Retain his/her seniority date.
b. Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he/she was laid off shall
be assigned to the same salary range and step he/she held at the time of the layoff. An
individual reemployed into a job classification other than the classification from which
he/she was laid off shall be assigned to the salary range of the new classification at the
amount closest to the salary he/she earned at the time of the layoff. An individual
reemployed into the classification from which he/she was laid off while still a probationary
employee shall complete, upon return to the job, the remaining portion of his/her
probationary period, if any, in effect at the time of the layoff. Similarly, an individual who
is reemployed shall complete upon return to the job the same work time he/she would
have had to work at the time of the layoff to attain a higher vacation leave accrual rate or
to become eligible for a salary step increase, if such changes are possible.
45
ARTICLE 28
MODIFIED DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of his/her
normal duties and management determines modified work is available and necessary to
be performed, he or she may, with medical authorization, be temporarily assigned to
such work for a period not to exceed six months. No change in base pay will result
unless the duties to be performed are substantially greater or lesser than those normally
performed by the employee and the employee's current pay rate is not within the pay
range for the temporarily assigned work. In no event shall any employee's current pay
rate be reduced more than four (4) ranges at the same step.
46
ARTICLE 29
CLASS "A & B" PHYSICALS
The City will pay for costs for physical exams not covered by City insurance policies
required for those employees required by the City to hold valid Class "A or B" California
drivers licenses.
47
ARTICLE 30
UNIFORM AND UNIFORM ALLOWANCE
A. All employees required to wear City uniforms shall be provided clean uniforms. A
uniform includes either one shirt and pants combination or one pair of coveralls.
B. Uniforms and work shoes shall only be used on City business.
C. Employees required to wear City uniforms shall only be permitted to wear other
clothing for medical reasons upon submission of a letter from the city doctor
certifying that the city uniform is injurious to their health. Decisions regarding this
paragraph shall be made by the Human Resources Director on a case-by-case
basis.
48
ARTICLE 31
SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the basis
that each designated safety member shall be compensated at the rate of $10.00 per
month. The description of the duties of a safety committee member shall be designed by
the Human Resources Director or his/her designee. The intent of the safety
representatives is to assist the Human Resources Director and the overall safety
program in reducing accidents by reporting hazardous conditions.
49
ARTICLE 32
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.
50
ARTICLE 33
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of the
employer-employee resolution, the Personnel Rules and Regulations, any Memorandum
of Agreement, excluding disciplinary matters, or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding
disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. The
employee shall have the right to choose a representative to accompany him/her at
each step of the process. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or agreement said to be violated,
and the proposed remedy. This action must take place within fifteen (15)
business days of the response of the supervisor's immediate superior but in no
event later than thirty (30) calendar days after the occurrence of the event giving
rise to the grievance. The department head shall promptly consider the grievance
and render a decision in writing within fifteen (15) business days of receiving the
written grievance. If the employee accepts the department head's decision, the
grievance shall be considered terminated.
C. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the Human Resources Director
within seven (7) business days of receiving the department head's decision. The
Human Resources Director shall confer with the employee and the department
head and any other interested parties, and shall conduct such other investigations
as may be advisable.
51
D. The results of 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 and reason if denied shall be in writing and given to
the employee within twenty (20) business days of receiving the Human Resources
Director's results and findings. Such decision shall be final unless employee
desires the Personnel Board to review the decision. If such is the case, the
employee will have ten (10) business days following receipt of the City 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 thirty
(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 ten (10) business days
of the close of such hearing. If an opinion signed by at least three (3) members of
the Personnel Board recommends overruling or modifying the City 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 (3)
business days of the Board's action. If appealed, the City Council shall review the
case on the record and render a final decision within thirty (30) business days of
submittal.
52
ARTICLE 34
REPRESENTATIVE ROLE
A. Members of any recognized employee organization may, by a reasonable
method, select not more than seven (7) employee members of such organization
to meet and confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such selection is provided by an
authorized official of the organization) on subjects within the scope of
representation during regular duty or work hours without loss of compensation or
other benefits.
The employee organization shall, whenever practicable, submit the name(s) of
each employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work station
or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be
released, date of meeting will be rescheduled in accordance with item 2
below.
(2) That any such meeting is subject to scheduling by City management consistent
with operating needs and work schedules. Nothing provided herein, however, shall limit
or restrict City management from scheduling such meetings before or after regular duty
or work hours.
B. Association members will donate a total of 300 hours per year (inclusive of any
carryover time) of vacation time off to an Association "time bank" under the following
guidelines:
(1) Prior to the first full pay period of July each calendar year, the Association
Board of Directors shall determine the number of hours remaining in the Association time
bank. The Association President shall give notice to Payroll and the number of hours
53
shall be subtracted from the maximum number of time bank hours of 300 hours. The
difference between the actual number of hours and the 300 hour maximum will be
divided by the number of represented Association employees. Each represented
employee shall then contribute an equal number of vacation hours to be debited by the
City to maintain the 300 hour time bank.
a. Only Association officers, directors or bargaining team members may draw
from the time bank.
b. Requests to use time from the time bank must be made reasonably in advance
of the use. Approval is subject to the operational necessity of the departments and
normal time off approval processes.
54
ARTICLE 35
COMMITTEE REPRESENTATION
A. If the Human Resources Director establishes a committee to study possible
changes which will affect significant numbers of employees in the unit in subjects
within the scope of representation, and if the Human Resources Director includes
unit members on the committee, such committee members shall be designated by
the Human Resources Director after consultation with the Association.
This unit shall have the same number of committee members as each other unit
has.
B. Two representatives of the bargaining unit designated by the Association and two
representatives of management designated by the City shall meet on an as-needed
basis to discuss issues of concern to the parties.
55
ARTICLE 36
DUES DEDUCTION/AGENCY SHOP
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Association
on a bi-weekly basis for the duration of this Agreement. These dues shall not include
assessments. Bi-weekly dues deduction additions and/or deletions shall be recorded by
the City's Finance and Information Technology Director and a notification of all dues
transactions shall be sent bi-weekly to the Association Treasurer.
AGENCY SHOP
This Agency Shop provision went into effect following certification of the election results
by the State Mediation and Conciliation Services on October 11, 2005. Agency Shop as
used in this article means an organizational security agreement as defined in
Government Code Section 3502.5 and applicable law.
Each employee in this bargaining unit shall be required to choose one of the following
options:
1) become a member in good standing of the Association.
2) pay to the association an agency fee in an amount which does not exceed the
amount that may be lawfully collected under applicable constitutional, statutory
and case law. This amount shall be equal to or less than the monthly dues
paid by members of the Association during the term of this MOA. Such
payments shall be made by payroll deduction. The Association represents
that the collection, administration and use of agency fee funds shall be in
conformance with the law.
3) Pursuant to Government Code Section 3502.5 (c), any employee who is a
member of a religious body whose traditional tenets or teachings include
objections to joining or supporting employee organizations shall not be
required to meet the above agency fee obligations, but shall pay by means of
mandatory payroll deduction an amount equal to the agency shop fee to a
56
non-religious, non-labor charitable organization exempt from taxation under
Section 501 (c) 3 of the Internal Revenue Code, as designated by the
employee.
To qualify for the religious exemption the employee must provide to the
Association, with a copy to the City, a written statement of objection, along with
verifiable evidence of membership as described above.
New employees must make the required choice within 30 days of employment in the unit.
The agency fee shall be automatically deducted for those employees who fail to comply
with the agency shop provision within the time limits prescribed.
The Association shall indemnify, defend and hold harmless the City and its officers,
employees and agents from and against any and all claims, proceedings, settlements
and/or liability regarding the legality of this Article or any action taken or not taken by or
on behalf of the City under this Article. The Association will further indemnify the City
against any unusual costs in implementing these provisions. The Association shall
refund to the City any amount paid to it in error upon presentation of supporting
evidence.
57
ARTICLE 37
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of
service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action; relieve its employees from duty
because of lack of work or for other legitimate reasons; maintain the efficiency of
governmental operations; determine the methods, means and personnel by which
government operations are to be conducted; determine the content of job classifications;
take all necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its work.
58
ARTICLE 38
PEACEFUL PERFORMANCE
If an employee participates in a strike or a concerted work stoppage, the City may apply
discipline up to and including discharge. However, nothing herein shall be so construed
as to affect the right of any employee to abandon or to resign his employment..
A. Employee organizations shall not hinder, delay, or interfere, coerce
employees of the City to hinder, delay, or interfere with the peaceful
performance of City services by strike, concerted work stoppage, cessation
of work, slow-down, sit-down, stay-away, or unlawful picketing.
B. In the event that there occurs any strike, concerted work stoppage, or any
other form of interference with or limitation of the peaceful performance of
City services prohibited by this article, the City, in addition to any other lawful
remedies of disciplinary actions, may by action of the Municipal Employee
Relations Officer cancel any or all payroll deductions, prohibit the use of
bulletin boards, prohibit the use of City facilities, and withdraw recognition of
the employee organization or organizations participating in such actions.
C. Employees shall not be locked out or prevented by management officials
from performing their assigned duties when such employees are willing and
able to perform such duties in the customary manner and at a reasonable
level of efficiency, provided there is work to perform.
Any decision made under the provisions of the Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based. Such
Notice of Appeal must be filed within ten (10) working days after the affected employee
organization first received notice of the decision upon which the complaint is based, or it
will be considered closed and not subject to any other appeal.
59
ARTICLE 39
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. The Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Association except as specifically referred to in this Agreement. The parties, for
the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to
negotiate with respect to any practice, subject or matter not specifically referred to or
covered in this Agreement even though such practice, subject or matter may not have
been within the knowledge of the parties at the time this Agreement was negotiated and
signed. In the event any new practice, subject or matter arises during the term of this
Agreement and an action is proposed by the City, the Association shall be afforded
notice and shall have the right to meet and confer upon request.
60
ARTICLE 40
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be
affected thereby, and the parties shall enter into a meet and confer session for the sole
purpose of arriving at a mutually satisfactory replacement for such provision within a
thirty (30) day work period. If no agreement has been reached, the parties agree to
invoke the provision of impasse under Section 13 of City Resolution No. 6620.
61
ARTICLE 41
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President (address:
990 Palm Street, San Luis Obispo, California 93401: (805) 781-7196)..
B. Management's principal authorized agent shall be the Human Resources
Director or his/her duly authorized representative (address: 990 Palm
Street, San Luis Obispo, CA 93401-3249; telephone: (805) 781-7250).
62
ARTICLE 42
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown in
Appendix"A".
This Agreement becomes effective June 19, 2012, as witnessed hereto by the following
parties:
7ichard
SAN L,� Bl 0 SAN LUIS OBISPO CITY EMPLOYEES'
/ / ASSOCIATION
d iS/Y
l nos, Ci on - Dae Strobridge, SLO Consultant
Monica Irons, Human Resources Dlrector Ron Faria, SLOCEA Presid nt
Other City Negotiating Team Members Other SLOCEA Negotiating Team Members
Greg Zocher
Debbie Malicoat Ed Humphrey
Brian Lindsey
Madelyn Paasch
Randy Stevenson
Laurie Thomas
Don Thomas
63
APPENDIX A
CLASSIFICATIONS
The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families nor
functional groupings as shown in previous MOA's.
Accounting Assistant I
Accounting Assistant II
Accounting Assistant III
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Assistant Building Official
Assistant Planner
Associate Planner
Biologist
Building Inspector I
Building Inspector II
Building Maintenance Technician
Code Enforcement.Officer I
Code Enforcement Officer II
Database Administrator
Engineer I
Engineer I —Transportation
Engineer II
Engineer II —Transportation
Engineer III
Engineer III — Transportation
Engineering Inspector I
Engineering Inspector II
Engineering Inspector III
Engineering Inspector IV
Engineering Technician I
Engineering Technician II
Engineering Technician III
Environmental Compliance Inspector
GIS Specialist I
GIS Specialist II
Heavy Equipment Mechanic
64
Heavy Equipment Operator I
Heavy Equipment Operator II
Information Technology Assistant
Laboratory Analyst SBP
Maintenance Worker I
Maintenance Worker II - Buildings
Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker III - Buildings
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Neighborhood Services Specialist
Network Administrator
Parking Coordinator
Parking Enforcement Officer
Parking Meter Repair Worker
Parks Maintenance Technician
Permit Coordinator
Permit Technician I
Permit Technician II
Planning Technician
Plans Examiner
Recreation Coordinator
Signal and Street Lighting Technician
Stormwater Code.Enforcement Officer
Street Maintenance Technician
Supervising Administrative Assistant
Transportation Assistant
Tree Trimmer I
Tree Trimmer II
Underground Utilities Locator
Utilities Conservation Technician
Wastewater Collection System Operator SBP
Water Customer Service Personnel SBP
Water Distribution System Operator SBP
Water Reclamation Facility Chief Maintenance Technician
Water Reclamation Facility Chief Operator
Water Reclamation Facility Maintenance Technician SBP
Water Reclamation Facility Operator SBP
Water Supply Operator SBP
Water Treatment Plant Chief Operator
Water Treatment Plant Maintenance Technician SBP
Water Treatment Plant Operator SBP
Denotes positions within a career series.
65
RESOLUTION NO. 10376 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CEASING TO PAY AND
REPORT THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR THE
SAN LUIS OBISPO EMPLOYEES' ASSOCIATION AND SUPERSEDING PREVIOUS
RESOLUTIONS IN CONFLICT
WHEREAS, the Council of the City of San Luis Obispo has the authority to implement
Government Code Section 20636(c) (4)pursuant to Section 20691; and
WHEREAS, the Council of the City of San Luis Obispo has ratified a Memorandum of
Agreement with the San Luis Obispo City Employees' Association which reduces the Employer
Paid Member Contribution (EPMC) 2%effective July 26, 2012,4%effective January 24, 2013, 6%
effective July 25, 2013 and which no longer provides for the normal member contributions to be
paid by the employer and reported as additional compensation effective January 23, 2014; and
WHEREAS, the Council of the City of San Luis Obispo has ratified a Memorandum of
Agreement with the San Luis Obispo City Employees' Association which no longer provides for
the normal member contributions to be paid by the employer and reported as additional
compensation for employees hired after the implementation of second tier contract amendment with
Ca1PERS; 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).
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby:
SECTION 1. Elects to no longer pay the member contribution and therefore no longer
report EPMC as additional compensation for employees hired after the implementation of second
tier contract amendment with Ca1PERS.
SECTION 2. Effective beginning July 26, 2012 the City elects to reduce the EPMC as set
forth in Section 3 and effective January 23, 2014_elects to no longer pay the member contribution
and therefore no longer report EPMC as additional compensation.
SECTION 3. The City's payment and reporting of the EPMC benefit to the San Luis
Obispo City Employees' Association hired before the implementation of second tier contract
amendment shall be reduced and modified as follows:
A. Effective July 26, 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 San Luis Obispo City
Employees' Association.
B. Effective January 24, 2013, four percent of the normal contributions will be paid as EPMC,
R 10376
Resolution No. 10376 (2012 Series)
Page 2
and the same four percent (value) of compensation earnable {excluding Government Code
Section 20636(c)(4)) will be reported as additional compensation for the San Luis Obispo City
Employees' Association.
C. Effective July 25, 2013, two percent of the normal contributions will be paid as EPMC, and
the same two percent (value) of compensation eamable {excluding Government Code Section
20636(c)(4)) will be reported as additional compensation for the San Luis Obispo City
Employees' Association.
D. Effective January 23, 2014 this benefit shall no longer apply to all employees of the San
Luis Obispo City Employees' Association.
E. Effective January 23, 2014, 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.
Directs that prior resolutions relating to the San Luis Obispo City Employees'
Association compensation and benefits are hereby superseded to the extent inconsistent with this
resolution.
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 19th day of June.
Maj!r an Marx
ATTEST:
Sheryll Scfiroeder
Interim City Clerk
APPROVE
AS TO F
J. C stine Dietrick
Attorney
RESOLUTION NO. 10377 (2012 Series)
A RESOLUTION OF CITY OF SAN LUIS OBISPO APPROVING THE
2011-13 FINANCIAL PLAN SUPPLEMENT AND ADOPTING THE 2012-13 BUDGET
WHEREAS, the City Council adopted the 2011-13 Financial Plan on June 21, 2011,
which established comprehensive financial and policy guidelines for fiscal years 2011-12 and
2012-13; and
WHEREAS, the 2011-13 Financial Plan included appropriations for fiscal year 2011-12;
and
WHEREAS, the City Council has reviewed proposed changes to the 2011-13 Financial
Plan to be effective for fiscal year 2012-13 after holding noticed public hearings; and
WHEREAS, the City Manager submitted the 2011-13 Financial Plan Supplement and
Preliminary 2012-13 Budget to the City Council for their review and consideration.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby approves the 2011-13 Financial Plan Supplement and adopts the 2012-13 Budget.
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 19`h day of June 2012.
(' -*��g
Mayo & Howell Marx
ATTEST:
'z_
Sheryl] Schroeder
Interim City Clerk
APPROVE AS TO F
J. qI&Jtine Diet rick
qty Attorney
R 10377
• ®
COPY
of Document Recorded
RECORDING REQUESTED BY Doc#:2012039106
AND WHEN RECORDED MAIL TO: on• 7/13/2012 3:34 PM —
Has not been compared vAul urjWn al.
City Clerk's Office
CITY OF SAN LUIS OBISPO JULIE L. RODEVlALD,COUNTY CLERK-RECORDER
990 Palm Street
San Luis Obispo, CA 93401
This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON
DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS
AS LIENS AGAINST THE PROPERTIES
RESOLUTION NO. 10378 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.04.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for their services, and
that owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once
each year, the franchisee may take actions to-collect fees from the owners of developed properties
which have delinquent solid waste collection and disposal accounts; and
WHEREAS, the franchisee, San Luis Garbage Company, has taken the actions required within
the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby
authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts
as established and certified by franchisee San Luis Garbage Company as liens against the properties
listed below.
Property Owner Parcel Number Property Address Amount
CRAWFORD, VALANA 001-124-023 618 JOHNSON AVE 163.02
FORECLOSURE 052-561-002 141 LOS ROBLES CT 156.44
GORDONS FLORAL 001-136-010 1532 MONTEREY ST _ 89.89
JACKSON, LINDA 003-641-003 663 CHURCH ST 189.62
LAING JOHN 052-591-044 672SERRANO DR APT 13 209.22
MacDONALD, VIVIAN 052-382-020 294 CRAIG WAY 163.02
MARKS,LEVI 004-973-016 2801 JOHNSON AVE APT 4 163.02
MERINO, SHERRY 003-566-018 1780 JOHNSON AVE 135.82
MILLER, J G H 052-533-001 125 S TASSAJARA DR 237.59
PASQUINI JR, CHARLES 053-011-029 243 MADONNA RD 104.08
PETETIT, RYAN 004-731-012 1179 SAN CARLOS DR 169.62
PRYOR, JOHN 053-023-028 230 LOMA BONITA DR 184.74
ROBERTS, KATHERINE 052-451-018 521 PRINCETON PL 91.84
SAN LUIS FLORAL AND GIFT 053-182-029 3191 S HIGUERA ST 146.07
SHEPPARD, PETER 004-393-009 2719 EL CERRITO ST 167.00
SNYDER, CHARLES 001-251-019 2038 SAN LUIS DR 75.52
STONERIDGE it A CAL LTD PTD 004-945-003 550 STONERIDGE DR 57.83
WALTERS, GEORGINA 053-300-020 1286 CHAPARRAL CIR 163.02
WAMPLER, LARRY 053-414-003 966 FULLER RD 163.02
R 10378
Resolution No. 10378 (2012 Series)
Page 2
Upon motion of Council Member Carter seconded by Council Member Ashbaugh, 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 10ffi day of July 2012.
C
May J Marx
ATTEST:
Sheryll S&roeder
Interim City Clerk
APPROVED AS TO F
J. C stme Dietnck
ity Attorney
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On July 18, 2012, before me Sheryll 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/tiey executed the same in his/her/authorized capacity(ies),
and that by his/her/4 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 18`h day of July, 2012.
Signatures 1`c
City Clerk'
Sheryll Schroeder, MMC
Per Civil Code 1181
(Seal)
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On July 18, 2012, before me Sheryll Schroeder, Interim City Clerk, personally appeared J.
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/fiwy executed the same in hi-s/her/#lam
authorized capacity(ies), and that by his/herAheir 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 18th day of July, 2012.
Signature a2"
City Clerkf
Sheryll Schroeder, MMC
Per Civil Code 1181
(Seal)
RESOLUTION NO. 10378 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.04.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for their services, and
that owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once
each year, the franchisee may take actions to collect fees from the owners of developed properties
which have delinquent solid waste collection and disposal accounts; and
WHEREAS, the franchisee, San Luis Garbage Company, has taken the actions required within
the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby
authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts
as established and certified by franchisee San Luis Garbage Company as liens against the properties
listed below.
Property Owner Parcel Number Property Address Amount
CRAWFORD, VALANA 001-124-023 618 JOHNSON AVE 163.02
FORECLOSURE 052-561-002 141 LOS ROBLES CT 156.44
GORDONS FLORAL 001-136-010 1532 MONTEREY ST 89.89
JACKSON, LINDA 003-641-003 663 CHURCH ST 189.62
LAING, JOHN 052-591-044 672 SERRANO DR APT 13 209.22
MacDONALD, VIVIAN 052-382-020 294 CRAIG WAY 163.02.
MARKS LEVI 004-973-016 2801 JOHNSON A.VE APT 4 163.02
MERINO SHERRY 003-566-018 1780 JOHNSON AVE 135.82
MILLER, J G H 052-533-001 125 S TASSAJARA DR 237.59
PASQUINI JR, CHARLES 053-011-029 243 MADONNA RD 104.08
PETETIT, RYAN 004-731-012 1179 SAN CARLOS DR 169.62
PRYOR, JOHN 053-023-028 230 LOMA BONITA DR 184.74
ROBERTS, KATHERINE 052-451-018 521 PRINCETON PL 91.84
SAN LUIS FLORAL AND GIFT 053-182-029 3191 S HIGUERA ST 146.07
SHEPPARD, PETER 004-393-009 2719 EL CERRITO ST 167.00
SNYDER,.CHARLES 001-251-019 2038 SAN LUIS DR 75.52
STONERIDGE II A CAL LTD PTD 004-945-003 550 STONERIDGE DR 57.83
WALTERS, GEORGINA 053-300-020 1286 CHAPARRAL CIR 163.02
WAMPLER, LARRY 053414-003 966 FULLER RD 163.02
R 10378
Resolution No. 10378 (2012 Series)
Page 2
Upon motion of Council Member Carter seconded by Council Member Ashbaugh, 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 10th day of July 2012.
w � C
May Jan Marx
ATTEST:
Sheryll S&roeder
Interim City Clerk
. ,
APPkOVEDAS TO F
L�- C 'stine Dietrick
J
ty Attorney
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On July 18,2012, before me Sheryll 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/afe subscribed to the within instrument and
acknowledged to me that he/she/diey executed the same in his/her/dwir-authorized capacity(ies),
and that by his/her4herF 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 18th day of July, 2012.
Signature 2L� C,�ilc.4.a�
City ClerV
Sheryll Schroeder, MMC
Per Civil Code 1181
V
(Seal)
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On July 18,.2012, before me Sheryll Schroeder, Interim City Clerk, personally appeared J.
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/dwy executed the same in his/her/diem
authorized capacity(ies), and that by his/her44 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 18`h day of July, 2012.
Signature-2"
City Clerk'
Sheryll Schroeder, MMC
Per Civil Code 1181
V
(Seal)
END OF DOCl1MEN1
JULIE RODEWALD KT7„e1iotz
San Luis Obispo MUM 3.34 PM
Recorded at the request of
Public
RECORDING REQUESTED BY TFees
itles: t Pages: 5
AND WHEN RECORDED MAIL TO: Doc#: 2012039106
0.00
City Clerk's Office IIIIIIIIIIIIIIIIII er 0.00
0.00
CITY OF SAN LUIS OBISPO 0.00
III VIII S
PAID
990 Palm Street
San Luis Obispo, CA 93401
This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON
DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS
AS LIENS AGAINST THE PROPERTIES
RESOLUTION NO. 10379 (2012 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN
LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2012, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO
ELECTIONS CODE SECTION 10403
WHEREAS, the City Council of the City of San Luis Obispo has called a General
Municipal Election to be held on November 6, 2012, for the purpose of submitting to the voters the
question with respect to a ballot measure for a utility user tax modernization ordinance relating to
the City's current utility user's tax; and
WHEREAS, Section 302 of the City Charter establishes November of even-numbered
years as the date for conducting the City's General Municipal Election; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the County Election
Department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to the requirements of the Section 10403 of the Elections Code, the
City Council hereby requests that the Board of Supervisors of the County of San Luis Obispo
consent to and order the consolidation of the General Municipal Election with the Statewide
General Election to be held on Tuesday, November 6, 2012 for the purpose of submitting to the
voters the question relating to a utility users tax modernization ordinance.
SECTION 2. That a measure is to appear on the ballot as follows:
Shall an ordinance be adopted that would 1)
reduce the City of San Luis Obispo's current Yes
Utility Users Tax on telecommunication and
video services from 5%to 4.8%; 2) clarify the
scope and application of the tax to all taxable No
utilities; and 3) modernize the method of
calculating and collecting the tax to reflect
technological advances and changes in state and
federal law so that all taxpayers are treated
equally regardless of technology used?
R 10379
Resolution No. 10379 (2012 Series)
Page 2
SECTION 3. The Board of Supervisors is requested to certify the results of the canvass of
the returns of the General Municipal Election to the Council of the City of San Luis Obispo, which
shall thereupon declare the results thereof. The election shall be held in all respects as if there were
only one election, and only one form of ballot shall be used.
SECTION 4. The Board of Supervisors is hereby requested to issue instructions to the
County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said
General Municipal Election. The City will pay its pro rata share of extra costs incurred by the
County in consolidating the elections pursuant to Section 51350 of the Government Code.
SECTION 5. The City Clerk is hereby directed to file certified copies of this resolution
with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San
Luis Obispo.
SECTION 6. The City Clerk shall certify to the passage and adopt of this resolution.
Upon motion of Council Member Carter seconded by Council Member Ashbaugh 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 10th day of July 2012.
I ok4�'
ay n Marx
ATTEST:
Sheryll Scliroeder
Interim City Clerk
APPROVED AS TO F RM:
hristine Dietrick
City Attorney
RESOLUTION NO. 10380(2012 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
TUESDAY, NOVEMBER 6,2012,FOR THE SUBMISSION TO THE VOTERS A
QUESTION RELATING TO A UTILITY USER TAX MODERNIZATION ORDINANCE
WHEREAS, under the provisions of the San Luis Obispo City Charter Section 302, a
General Municipal Election shall be held on Tuesday, November 6, 2012, for the submission of a
question relating to a utility user tax modernization ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does declare, determine and order as follows:
SECTION 1. Pursuant to Section 302 of the City Charter, a General Municipal Election
shall be held Tuesday, November 6, 2012, for the purpose of submission of a question relating to a
utility user tax modernization ordinance.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
Shall an ordinance be adopted that would 1)
reduce the City of San Luis Obispo's current Yes
Utility Users Tax on telecommunication and
video services from 5%to 4.8%; 2) clarify the
scope and application of the tax to all taxable No
utilities; and 3) modernize the method of
calculating and collecting the tax to reflect
technological advances and changes in state and
federal law so that all taxpayers are treated
equally regardless of technology used?
SECTION 3. That the full text of the ordinance submitted to the voters is on file in the
City Clerk's Office and available for viewing on the City's website, www.slocity org, and is
incorporated herein by reference, and attached as Exhibit A.
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate
with the County of San Luis Obispo County Clerk/Recorder to procure and furnish any and all
official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the election.
R 10380
Resolution No. 10380 (2012 Series)
Page 2
SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in Section 14401 of the Elections
Code of the State of California.
SECTION 7. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
resolution.
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, 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 10th day of July 2012.
(, ,Tlq�
Mayo J Marx
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO FORM:
.L sstine Dietrick
ity Attorney
EXHIBIT A
ORDINANCE NO. ?? (2012 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA REPEALING
AND RE-ENACTING IN FULL TITLE 3, CHAPTER 16 OF THE SAN LUIS OBISPO
MUNICIPAL CODE WITH RESPECT TO UTILITY USER'S TAX
THE PEOPLE OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA DO
ORDAIN AS FOLLOWS:
SECTION 1. Title 3, Chapter 16 of the San Luis Obispo Municipal Code is
hereby repealed and re-enacted in full, to read as follows:
Chapter 16
Utility Users' Tax
3.16.010 Short Title and Purpose
3.16.020 Definitions
3.16.030 Constitutional, Statutory, and Other Exemptions
3.16.040 Telecommunication Users' Tax
3.16.050 Electricity Users' Tax
3.16.060 Gas Users Tax
3.16.070 Collection of Tax from Service Users Receiving Direct Purchase of Gas or
Electricity
3.16.080 Video Users' Tax
3.16.090 Water Users' Tax
3.16.100 Bundling Taxable Items with Nontaxable Items
3.16.110 Substantial Nexus/Minimum Contacts
3.16.120 Duty to Collect—Procedures
3.16.130 Collection Penalties— Service Suppliers
3.16.140 Actions to Collect
3.16.150 Deficiency Determination and Assessment—Tax Application Errors
3.16.160 Administrative Remedy—Nonpaying Service Users
3.16.170 Additional Powers and Duties of the Tax Administrator
3.16.180 Records
3.16.190 Refunds
3.16.200 Appeals
3.16.210 No Injunction/Writ of Mandate
3.16.220 Notice of Changes to Chapter
3.16.230 Future Amendment to Cited Statute
3.16.240 No Increase in Tax Percentage or Change in Methodology without Voter
Approval
3.16.250 Remedies Cumulative
3.16.260 Interaction with Prior Tax
3.16.010 Short Title and Purpose
1
EXHIBIT A
This Chapter 16 shall be known as the "Utility Users' Tax Law of the City of San
-Luis Obispo". The taxes imposed and levied by the provisions of this chapter are
solely for the purpose of providing revenue for the usual and current expenses of
the city. The provisions of this chapter are not enacted for regulatory purposes.
3.16.020 Definitions
The following words and phrases whenever used in this Chapter 16, shall be
construed as defined in this Section.
(a) "Ancillary telecommunication services" means services that are
associated with or incidental to the provision, use or enjoyment of telecommunications
services, including but not limited to the following services:
(1) "Conference bridging service" means an ancillary service that links two
(2) or more participants of an audio or video conference call and may include the
provision of a telephone number. Conference bridging service does not include the
telecommunications services used to reach the conference bridge.
(2) "Detailed telecommunications billing service" means an ancillary
service of separately stating information pertaining to individual calls on a customer's
billing statement.
(3) "Directory assistance" means an ancillary service of providing telephone
number information, and/or address information.
(4) `Vertical service" means an ancillary service that is offered in connection
with one or more telecommunications services, which offers advanced calling features
that allow customers to identify callers and to manage multiple calls and call connections,
including conference bridging services.
(5) "Voice mail service" means an ancillary service that enables the customer
to store, send or receive recorded messages. Voicemail service does not include any
vertical services that the customer may be required to have in order to utilize the voice
mail service
(b) "Ancillary video services" means services that are associated with or
incidental to the provision or delivery of video services, including but not limited to
electronic program guide services, recording services, search functions, or other
interactive services or communications that are associated with or incidental to the
provision, use or enjoyment of video services.
. (c) "Billing address" shall mean the mailing address of the service user
where the service supplier submits invoices or bills for payment by the customer.
(d) "City" shall mean the City of San Luis Obispo.
2
EXHIBIT A
(e) "Gas" shall mean natural or manufactured gas or any alternate
hydrocarbon fuel which may be substituted therefor.
(f) "Individual Service" shall mean utility service at a single contiguous
location. A service user with more than one meter or billing invoice per utility service at
a single contiguous location may combine all billings for purposes of calculating the
maximum tax amount.
(g) "Mobile telecommunications service" has the meaning and usage as set
forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) and the
regulations thereunder.
(h) "Month" shall mean a calendar month.
(i) "Non-Utility Service Supplier" means:
(1) a service supplier, other than a supplier of electric distribution services to all
or a significant portion of the City, which generates electricity for sale to others,
and shall include but is not limited to any publicly-owned electric utility, investor-
owned utility, cogenerator, distributed generation provider, exempt wholesale
generator (15 U.SC. Section 79z-5a), municipal utility district, federal power
marketing agency, electric rural cooperative, or other supplier or seller of
electricity;
(2) an electric service provider (ESP), electricity broker, marketer, aggregator,
pool operator, or other electricity supplier other than a supplier of electric
distribution services to all or a significant portion of the City, which sells or
supplies electricity or supplemental services to electricity users within the City; or
(3) a gas service supplier, aggregator, marketer or broker, other than a supplier of
gas distribution services to all or a significant portion of the City, which sells or
supplies gas or supplemental services to gas users within the City.
0) "Paging service" means a"telecommunications service"that provides
transmission of coded radio signals for the purpose of activating specific pagers; such
transmissions may include messages and/or sounds.
(k) "Person" shall mean, without limitation, any natural individual, firm,
trust, common law trust, estate, partnership of any kind, association, syndicate, club,joint
stock company,joint venture, limited liability company, corporation (including foreign,
domestic, and non-profit), municipal district or municipal corporation(other than the
City), cooperative, receiver, trustee, guardian, or other representative appointed by order
of any court.
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EXHIBIT A
(1) "Place of primary use" means the street address representative of where
the customer's use of the telecommunications service primarily occurs, which must be
the residential street address or the primary business street address of the customer.
(m) "Post-paid telecommunication service" means the telecommunication
service obtained by making a payment on a communication-by-communication basis
either through the use of a credit card or payment mechanism such as a bank card, travel
card, credit card, or debit card, or by charge made to a service number which is not
associated with the origination or termination of the telecommunication service.
(n) "Prepaid telecommunication service" means the right to access
telecommunication services, which must be paid for in advance and which enables the
origination of communications using an access number or authorization code, whether
Manually or electronically dialed, and that is sold in predetermined units or dollars of
which the number declines with use in a known amount.
(o) "Private telecommunication service" means a telecommunication
service that entitles the customer to exclusive or priority use of a communications
channel or group of channels between or among termination points, regardless of the
manner in which such channel or channels are connected, and includes switching
capacity, extension lines, stations, and any other associated services that are provided in
connection with the use of such channel or channels. A communications channel is a
physical or virtual path of communications over which signals are transmitted between or
among customer channel termination points (i. e., the location where the customer either
inputs or receives the communications).
(p) "Service address" means the residential street address or the business
street address of the service user. For a telecommunication or video service user,
"service address" means either:
(1) The location of the service user's telecommunication equipment from
which the telecommunication originates or terminates, regardless of where the
telecommunication is billed or paid; or,
(2) If the location in subsection (1) of this definition is unknown (e.g., mobile
telecommunications service or VoIP service), the service address means the location of
the service user's place of primary use.
(3) For prepaid telecommunication service, "service address" means the location
associated with the service number or, if not known, the point of sale of the services.
(q) "Service supplier" shall mean any entity or person, including the City,
that provides, sells, or resells a utility service to a user of such service within the City.
(r) "Service user" shall mean a person required to pay a tax imposed under
the provisions of this Chapter.
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EXHIBIT A
(s) "State" shall mean the State of California.
(t) "Streamlined Sales and Use Tax Agreement" means the multi-state
agreement commonly known and referred to as the Streamlined Sales and Use Tax
Agreement, as it is amended from time to time.
(u) "Tax Administrator" shall mean the Finance Director, or his or her
designee.
(v) "Telecommunications service" means the transmission, conveyance, or
routing of voice, data, audio, video, or any other information or signals to a point, or
between or among points, whatever the technology used. The term "telecommunications
services" includes such transmission, conveyance, or routing in which computer
processing applications are used to act on the form, code or protocol of the content for
purposes of transmission, conveyance or routing without regard to whether such services
are referred to as voice over internet protocol (VoIP) services or are classified by the
Federal Communications Commission as enhanced or value added, and includes video
and/or data services that is functionally integrated with"telecommunication services."
"Telecommunications services"include, but are not limited to the following services,
regardless of the manner or basis on which such services are calculated or billed:
ancillary telecommunication services; intrastate, interstate, and international
telecommunication services; mobile telecommunications service; prepaid
telecommunication service; post-paid telecommunication service; private
telecommunication service; paging service; 800 service (or any other toll-free numbers
designated by the Federal Communications Commission); 900 service (or any other
similar numbers designated by the Federal Communications Commission for services
whereby subscribers who call in to pre-recorded or live service).
(w) "Video programming" means those programming services commonly
provided to subscribers by a"video service supplier" including but not limited to basic
services, premium services, audio services, video games, pay-per-view services, video on
demand, origination programming, or any other similar services, regardless of the content
of such video programming, or the technology used to deliver such services, and
regardless of the manner or basis on which such services are calculated or billed.
(x) "Video services" means "video programming" and any and all services
related to the providing, recording, delivering, use or enjoyment of"video programming"
(including origination programming and programming using Internet Protocol, e.g., IP-
TV and IP-Video) using one or more channels by a"video service supplier," regardless
of the technology used to deliver, store or provide such services, and regardless of the
manner or basis on which such services are calculated or billed, and includes ancillary
video services, data services, "telecommunication services," or interactive
communication services that are functionally integrated with "video services."
(y) "Video service supplier" means any person, company, or service which
provides or sells one or more channels of video programming, or provides or sells the
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EXHIBIT A
capability to receive one or more channels of video programming, including any
communications that are ancillary, necessary or common to the provision, use or
enjoyment of the video programming, to or from a business or residential address in the
City, where some fee is paid, whether directly or included in dues or rental charges for
that service, whether or not public rights-of-way are utilized in the delivery of the video
programming or communications. A "video service supplier" includes, but is not limited
to, multichannel video programming distributors (as defined in 47 U.S.C.A. Section
522(13)); open video systems (OVS) suppliers; and suppliers of cable television; master
antenna television; satellite master antenna television; multichannel multipoint
distribution services (MMDS); video services using internet protocol (e.g., IP-TV and IP-
Video, which provide, among other things, broadcasting and video on demand), direct
broadcast satellite to the extent federal law permits taxation of its video services, now or
in the future; and other suppliers of video services (including two-way communications),
whatever their technology.
(z) "VoIP (Voice Over Internet Protocol)" means the digital process of
making and receiving real-time voice transmissions over any Internet Protocol network.
(aa) "800 Service" means a"telecommunications service" that allows a caller
to dial a toll-free number without incurring a charge for the call_ The service is typically
marketed under the name "800," "855," "866," "877," and "888" toll-free calling, and
any subsequent numbers designated by the Federal Communications Commission.
(bb) "900 Service" means an inbound toll "telecommunications service"
purchased by a subscriber that allows the subscriber's customers to call in to the
subscriber's prerecorded announcement or live service. "900 service" does not include
the charge for: collection services provided by the seller of the "telecommunications
services" to the subscriber, or service or product sold by the subscriber to the subscriber's
customer. The service is typically marketed under the name "900" service, and any
subsequent numbers designated by the Federal Communications Commission.
3.16.030 Constitutional, statutory, and other exemptions.
(a) Nothing in this Chapter shall be construed as imposing a tax upon any person or
service when the imposition of such tax upon such person or service would be in
violation of a Federal or State statute, the Constitution of the United States or the
Constitution of the State.
(b) Any service user that is exempt from the tax imposed by this Chapter pursuant to
subsection (a) of this Section shall file an application with the Tax Administrator for an
exemption; provided, however, this requirement shall not apply to a service user that is a
State or Federal agency or subdivision with a commonly recognized name for such
service. Said application shall be made upon a form approved by the Tax Administrator
and shall state those facts, declared under penalty of perjury, which qualify the applicant
for an exemption, and shall include the names of all service suppliers serving that service
user. If deemed exempt by the Tax Administrator, such service user shall give the Tax
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EXHIBIT A
Administrator timely written notice of any change in service suppliers so that the Tax
Administrator can properly notify the new service supplier of the service user's tax
exempt status. A service user that fails to comply with this Chapter shall not be entitled to
a refund of a users' tax collected and remitted to the Tax Administrator from such service
user as a result of such noncompliance.
The decision of the Tax Administrator may be appealed pursuant to Section
3.16.200 of this Chapter. Filing an application with the Tax Administrator and appeal to
the City Administrator, or designee, pursuant to Section 3.16.200 of this Chapter is a
prerequisite to a suit thereon.
(c) The City Council may, by resolution, establish one or more classes of persons or
one or more classes of utility service otherwise subject to payment of a tax imposed by
this Chapter and provide that such classes of persons or service shall be exempt, in whole
or in part from such tax for a specified period of time.
(d) If a billing for utility services includes charges for two or more households
situated within nonprofit retirement facilities which (1) are operated solely for the
accommodation of persons with low incomes and (2) which qualify for the welfare
exemption set forth in the California Revenue and Taxation Code, and if the charges for
such services are paid by the operators of the retirement facilities, the operators shall be
entitled to an annual refund of all taxes paid under the provisions of this ordinance. The
procedure for obtaining such refunds shall be established by the Tax Administrator,
including the requirement for whatever proof he or she deems necessary to establish
qualification for refund.
3.16.040 Telecommunication Users' Tax.
(a) There is hereby imposed a tax upon every person in the City using
telecommunication services. The tax imposed by this Section shall be at the rate of four
and eight-tenths percent (4.8%) of the charges made for such services and shall be
collected from the service user by the telecommunication services supplier or its billing
agent. There is a rebuttable presumption that telecommunication services, which are
billed to a billing or service address in the City, are used, in whole or in part, within the
City's boundaries, and such services are subject to taxation under this Section. There is
also a rebuttable presumption that prepaid telecommunication services sold within the
city are used, in whole or in part, within the City and are therefore subject to taxation
under this Section. If the billing address of the service user is different from the service
address, the service address of the service user shall be used for purposes of imposing the
tax. As used in this Section, the term "charges" shall include the value of any other
services, credits, property of every kind or nature, or other consideration provided by the
service user in exchange for the telecommunication services.
(b) "Mobile telecommunications service" shall be sourced in accordance with the
sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C.
Section 124). The Tax Administrator may issue and disseminate to telecommunication
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EXHIBIT A
service suppliers, which are subject to the tax collection requirements of this Chapter,
sourcing rules for the taxation of other telecommunication services, including but not
limited to post-paid telecommunication services, prepaid telecommunication services,
VoIP, and private communication services, provided that such rules are based upon
custom and common practice that further administrative efficiency and minimize multi
jurisdictional taxation(e.g., Streamlined Sales and Use Tax Agreement).
(c) The Tax Administrator may issue and disseminate to telecommunication service
suppliers, which are subject to the tax collection requirements of this Chapter, an
administrative ruling identifying those telecommunication services, or charges therefore,
that are subject to or not subject to the tax of subsection (a) above.
(d) As used in this Section, the term "telecommunication services" shall include, but
is not limited to, charges for: connection, reconnection, termination,movement, or
change of telecommunication services; late payment fees; detailed billing; central office
and custom calling features (including but not limited to call waiting, call forwarding,
caller identification and three-way calling); voice mail and other messaging services;
directory assistance; access and line charges; universal service charges; regulatory or
administrative fees, charges or surcharges; cost recovery charges or surcharges for
programs imposed by state or federal law; local number portability charges; and text and
instant messaging. "Telecommunication services" shall not include digital downloads that
are not "ancillary telecommunication services," such as music, ringtones, games, and
similar digital products.
(e) To prevent actual multi jurisdictional taxation of telecommunication services
subject to tax under this Section, any service user, upon proof to the Tax Administrator
that the service user has previously paid the same tax in another state or city on such
telecommunication services, shall be allowed a credit against the tax imposed to the
extent of the amount of such tax legally imposed in such other state or city; provided,
however, the amount of credit shall not exceed the tax owed to the City under this
Section.
(g) The tax on telecommunication services imposed by this Section shall be collected
from the service user by the service supplier. The amount of tax collected in one month
shall be remitted to the Tax Administrator, and must be received by the Tax
Administrator on or before the twentieth (20th) day of the following month.
3.16.050 Electricity Users Tax.
(a) There is hereby imposed a tax upon every person using electricity in the City. The tax
imposed by this Section shall be at the rate of five percent (5%) of the charges made for
such electricity, and for any supplemental services or other associated activities directly
related to and/or necessary for the provision of electricity to the service user, which are
provided by a service supplier or non-utility service supplier to a service user. The tax
shall be collected from the service user by the service supplier or non-utility service
supplier, or its billing agent.
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EXHIBIT A
(b) As used in this Section, the term "charges" shall apply to all services, components and
items that are: i) necessary for or common to the receipt, use or enjoyment of electric
service; or, ii) currently are or historically have been included in a single or bundled rate
for electric service by a local distribution company to a class of retail customers. The
term "charges" shall include, but is not limited to,the following charges:
(1) energy charges;
(2) distribution or transmission charges;
(3) metering charges;
(4) stand-by, reserves, firming, ramping, voltage support, regulation, emergency,
or other similar charges for supplemental services to self-generation service users;
(5) customer charges, late charges, service establishment or reestablishment
charges, demand charges, fuel or other cost adjustments, power exchange charges,
independent system operator (ISO) charges, stranded investment or competitive
transition charges (CTC), public purpose program charges, nuclear
decommissioning charges, trust transfer amounts (bond financing charges),
franchise fees, franchise surcharges, annual and monthly charges, and other
charges, fees or surcharges which are necessary for or common to the receipt, use
or enjoyment of electric service; and,
(6) charges, fees, or surcharges for electricity services or programs which are
mandated .by the California Public Utilities Commission or the Federal Energy
Regulatory Commission, or by any state or federal law, whether or not such
charges, fees, or surcharges appear on a bundled or line item basis on the
customer billing.
(c) As used in this Section, the term "charges shall include the value of any other
services, credits, property of every kind or nature, or other consideration provided by the
service user in exchange for the electricity or services related to the provision of such
electricity.
(d) The Tax Administrator, from time to time, may survey the electric service suppliers
to identify the various unbundled billing components of electric retail service that they
commonly provide to residential and commercial/industrial customers in the of the City,
and the charges therefor, including those items that are mandated by state or federal
regulatory agencies as a condition of providing such electric service. The Tax
Administrator, thereafter, may issue and disseminate to such electric service suppliers an
administrative ruling identifying those components and items which are: i) necessary for
or common to the receipt, use or enjoyment of electric service; or, ii) currently are or
historically have been included in a single or bundled rate for electric service by a local
distribution company to a class of retail customers. Charges for such components and
items shall be subject to the tax of subsection (a) above.
(e) As used in this Section, the term `'using electricity" shall not include the mere
receiving of such electricity by an electrical corporation or governmental agency at a
point within the City for resale.
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EXHIBIT A
(f) The tax on electricity provided by self-production or by a non-utility service supplier
not under the jurisdiction of this Chapter 16 shall be collected and remitted in the manner
set forth in Section 3.16.070 of this Chapter. All other taxes on charges for electricity
imposed by this Section shall be collected from the service user by the electric service
supplier or its billing agent. The amount of tax collected in one (1) month shall be
remitted to the Tax Administrator, and must be received by the Tax Administrator on or
before the twentieth (20`h) day of the following month; or, at the option of the person
required to collect and/or remit the tax, such person shall remit an estimated amount of
tax measured by the tax billed in the previous month or upon the payment pattern of the
service user, which must be received by the Tax Administrator on or before the twentieth
(20`h) day of the following month, provided that such person shall submit an adjusted
payment or request for credit, as appropriate, within sixty (60) days following each
calendar quarter. The credit, if approved by the Tax Administrator, may be applied
against any subsequent remittance that becomes due.
3.16.060 Gas Users Tax.
(a) There is hereby imposed a tax upon every person using gas in the City, which is
transported and delivered through a pipeline or by mobile transport. The tax imposed by
this Section shall be at the rate of five percent(5%) of the charges made for such gas,
including all services related to the storage, transportation and delivery of such gas. The
tax shall be collected from the service user by the service supplier or non-utility service
supplier, or its billing agent, and shall apply to all uses of gas, including but not limited
to, heating, electricity generation, and the use of gas as a component of a manufactured
product.
(b) As used in this Section, the term "charges" shall apply to all services, components and
items for gas service that are: i) necessary for or common to the receipt, use or
enjoyment of gas service; or, ii) currently are or historically have been included in a
single or bundled rate for gas service by a local distribution company to a class of retail
customers. The term "charges" shall include, but is not limited to, the following charges:
(1) the commodity charges for purchased gas, or the cost of gas owned by the
service user (including the actual costs attributed to drilling, production, lifting,
storage, gathering, trunkline, pipeline, and other operating costs associated with
the production and delivery of such gas), which is delivered through a gas
pipeline distribution system;
(2) gas transportation charges (including interstate charges to the extent not
included in commodity charges);
(3) storage charges; provided, however, that the service supplier shall not be
required to apply the tax to any charges for gas storage services when the service
supplier cannot, as a practical matter, determine the jurisdiction where such stored
gas is ultimately used; but it shall be the obligation of the service user to self-
collect the amount of tax not applied to any charge for gas storage by the service
supplier and to remit the tax to the appropriate jurisdiction;
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EXHIBIT A
(4) capacity or demand charges, late charges, service establishment or
reestablishment charges, transition charges, customer charges, minimum charges,
annual and monthly charges, and any other charges which are necessary for or
common to the receipt, use or enjoyment of gas service; and,
(5) charges, fees, or surcharges for gas services or programs which are mandated
by the California Public Utilities Commission or the Federal Energy Regulatory
Commission, or by any state or federal law, whether or not such charges, fees, or
surcharges appear on a bundled or line item basis on the customer billing.
(c) As used in this Section, the term "charges" shall include the value of any other
services, credits, property of every kind or nature, or other consideration provided by the
service user in exchange for the gas or services related to the delivery of such gas.
(d) The Tax Administrator, from time to time, may survey the gas service suppliers to
identify the various unbundled billing components of gas retail service that they
commonly provide to residential and commercial/industrial customers in the City, and the
charges therefor, including those items that are mandated by state or federal regulatory
agencies as a condition of providing such gas service. The Tax Administrator, thereafter,
may issue and disseminate to such gas service suppliers an administrative ruling
identifying those components and items which are: i) necessary for or common to the
receipt, use or enjoyment of gas service; or, ii) currently are or historically have been
included in a single or bundled rate for gas service by a local distribution company to a
class of retail customers. Charges for such components and items shall be subject to the
tax of subsection (a) above.
(e) There shall be excluded from the calculation of the tax imposed in this Section,
charges made for gas which is to be resold and delivered through a pipeline distribution
system.
(f) The tax on gas provided by self-production or by a non-utility service supplier not
under the jurisdiction of this Chapter 16 shall be collected and remitted in the manner set
forth in Section 3.16.070. All other taxes on charges for gas imposed by this Section
shall be collected from the service user by the gas service supplier or its billing agent.
The amount of tax collected in one (1) month shall be remitted to the Tax Administrator,
and must be received by the Tax Administrator, on or before the twentieth (20`x') day of
the following month; or, at the option of the person required to collect and/or remit the
tax, such person shall remit an estimated amount of tax measured by the tax billed in the
previous month or upon the payment pattern of the service user, which must be received
by the Tax Administrator on or before the twentieth (20`h) day of the following month,
provided that such person shall submit an adjusted payment or request for credit, as
appropriate, within sixty (60) days following each calendar quarter. The credit, if
approved by the Tax Administrator, may be applied against any subsequent remittance
that becomes due.
3.16.070 Collection of Tax from Service Users Receiving Direct Purchase of Gas or
Electricity.
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EXHIBIT A
(a) Any service user subject to the tax imposed by Section 3.16.050 or by Section
3.16.060 of this Chapter, which produces gas or electricity for self-use regardless of
technology used to produce such gas or electricity; which receives gas or electricity,
including any related supplemental services, directly from a non-utility service supplier
not under the jurisdiction of this Chapter; or which, for any other reason, is not having the
full tax collected and remitted by its service supplier, a non-utility service supplier, or its
billing agent on the use of gas or electricity in the City, including any related
supplemental services, shall report said fact to the Tax Administrator and shall remit the
tax due directly to the Tax Administrator within thirty (30) days of such use, based on the
charges for, or value of, such gas or electricity, or supplemental services, as provided in
subsection (b). In lieu of paying said actual tax, the service user may, at its option, remit
to the Tax Administrator within thirty (30) days of such use an estimated amount of tax
measured by the tax billed in the previous month, or upon the payment pattern of similar
customers of the service supplier using similar amounts of gas or electricity, provided
that the service user shall submit an adjusted payment or request for credit, as
appropriate, within sixty (60) days following each calendar quarter. The credit, if
approved by the Tax Administrator in writing, may be applied against any subsequent tax
bill that becomes due.
(b) The Tax Administrator may require said service user to identify its non-utility service
supplier, and otherwise provide, subject to audit: invoices; books of account; or other
satisfactory evidence documenting the quantity of gas or electricity used, including any
related supplemental services, and the cost or price thereof. If the service user is unable
to provide such satisfactory evidence, or if the administrative cost of calculating the tax
in the opinion of the Tax Administrator is excessive, the Tax Administrator may
determine the tax by applying the tax rate to the equivalent charges the service user
would have incurred if the gas or electricity used, including any related supplemental
services, had been provided by the service supplier that is the primary supplier of gas or
electricity within the City. Rate schedules for this purpose shall be available from the
City.
3.16.080 Video Users' Tax.
(a) There is hereby imposed a tax upon every person in the City using video services.
The tax imposed by this section shall be at the rate of four and eight-tenths percent
(4.8%) of the charges made for such services and shall be collected from the service user
by the video service supplier, or its billing agent. There is a rebuttable presumption that
video services, which are billed to a billing or service address in the City, are used, in
whole or in part, within the City's boundaries, and such services are subject to taxation
under this Chapter. If the billing address of the service user is different from the service
address, the service address of the service user shall be used for purposes of imposing the
tax.
(b) As used in this section, the term "charges" shall include, but is not limited to, charges
for the following:
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EXHIBIT A
(I) regulatory fees and surcharges, franchise fees and access fees (PEG);
(2) initial installation of equipment necessary for provision and receipt of video
services;
(3) late fees, collection fees, bad debt recoveries, and return check fees;
(4) activation fees, reactivation fees, and reconnection fees;
(5) video programming and video services;
(6) ancillary video programming services (e.g., electronic program guide
services, search functions, recording functions, or other interactive services or
communications that are ancillary, necessary or common to the use or enjoyment
of the video services);
(7) equipment leases (e.g., remote, recording and/or search devises; converters);
and,
(8) service calls, service protection plans, name changes, changes of services, and
special services.
(c) As used in this section, the term "charges" shall include the value of any other
services, credits, property of every kind or nature, or other consideration provided by the
service user in exchange for the video services.
(d) The Tax Administrator may issue and disseminate to video service suppliers, which
are subject to the tax collection requirements of this Chapter, an administrative ruling
identifying those video services, or charges therefor, that are subject to or not subject to
the tax of subsection (a) above.
(e) The tar imposed by this section shall be collected from the service user by the video
service supplier, its billing agent, or a reseller of such services. In the case of video
service, the service user shall be deemed to be the purchaser of the bulk video service
(e.g., an apartment owner), unless such service is resold to individual users, in which case
the service user shall be the ultimate purchaser of the video service. The amount of tax
collected in one (1) month shall be remitted to the Tax Administrator, and must be
received by the Tax Administrator on or before the twentieth (20th) day of the following
month.
3.16.090 Water Users' Tax.
(a) There is imposed a tax upon every person using water in the City which is
transported and delivered through a pipeline distribution system. The tax imposed by this
section shall be at the rate of five percent (5%) of the charges made for such water.
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EXHIBIT A
(b) As used in this section, the term "charges" shall apply to all services, components
and items that are: i) necessary for or common to the receipt, use or enjoyment of water
service; or, ii) currently are or historically have been included in a single or bundled rate
for water service by a local distribution company to a class of retail customers. The term
"charges" shall include, but is not limited to,the following charges: water commodity
charges (potable and non-potable); distribution or transmission charges; metering
charges; customer charges; fire protection services; late charges; service establishment or
reestablishment charges; franchise fees; franchise surcharges; annual and monthly
charges; and other charges, fees and surcharges which are necessary for or common to
the receipt, use or enjoyment of water service; and, charges, fees, or surcharges for water
services or programs, which are mandated by a water district or a state or federal agency,
whether or not such charges, fees, or surcharges appear on a bundled or line item basis on
the customer billing.
(c) As used in this section, the tern "charges" shall include the value of any other
services, credits, property of every kind or nature, or other consideration provided by the
service user in exchange for the water services.
(d) The Tax Administrator, from time to time, may survey the water service suppliers in
the City to identify the various unbundled billing components of water retail service that
they commonly provide to residential and commercial/industrial customers in the City,
and the charges therefor, including those items that are mandated by a water district or a
state or federal agency as a condition of providing such water service. The Tax
Administrator, thereafter, may issue and disseminate to such water service suppliers an
administrative ruling identifying those components and items which are: i) necessary for
or common to the receipt, use or enjoyment of water service; or, ii) currently are or
historically have been included in a single or bundled rate for water service by a local
distribution company to a class of retail customers. Charges for such components and
items shall be subject to the tax of subsection (a) above.
(e) The tax on water service imposed by this section shall be collected from the service
user by the water service supplier or its billing agent. The amount of tax collected in one
(1) month shall be remitted to the Tax Administrator, and must be received by the Tax
Administrator on or before the twentieth (20th) day of the following month.
3.16.100 Bundling Taxable Items.
If any nontaxable charges are combined with and not separately stated from taxable
service charges on the customer bill or invoice of a service supplier, the combined charge
is subject to tax unless the service supplier identifies, by reasonable and verifiable
standards, the portions of the combined charge that are nontaxable and taxable through
the service supplier's books and records kept in the regular course of business, and in
accordance with generally accepted accounting principles, and not created and
maintained for tax purposes. If the service supplier offers a combination of taxable and
non-taxable services, and the charges are separately stated, then for taxation purposes, the
values assigned the taxable and non-taxable services shall be based on its books and
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EXHIBIT A
records kept in the regular course of business and in accordance with generally accepted
accounting principles, and not created and maintained for tax purposes. The service
supplier has the burden of proving the proper valuation and apportionment of taxable and
non-taxable charges.
3.16.110 Substantial Nexus/Minimum Contact.
For purposes of imposing a tax or establishing a duty to collect and remit a tax under this
Chapter, "substantial nexus"and "minimum contacts" shall be construed broadly in favor
of the imposition, collection and/or remittance of the utility users' tax to the fullest extent
permitted by State and Federal law, and as it may change from time to time by judicial
interpretation or by statutory enactment. Any telecommunication service (including
VoIP) used by a person with a service address in the City, which service is capable of
terminating a call to another person on the general telephone network, shall be subject to
a rebuttable presumption that "substantial nexus/minimum contacts"exists for purposes
of imposing a tax, or establishing a duty to collect and remit a tax, under this Chapter. A
service supplier shall be deemed to have sufficient activity in the City for tax collection
and remittance purposes if its activities include, but are not limited to, any of the
following: maintains or has within the City, directly or through an agent or subsidiary, a
place of business of any nature; solicits business in the City by employees, independent
contractors, resellers, agents or other representatives; solicits business in the City on a
continuous, regular, seasonal or systematic basis by means of advertising that is broadcast
or relayed from a transmitter with the City or distributed from a location with the City; or
advertises in newspapers or other periodicals printed and published within the City or
through materials distributed in the City by means other than the United States mail; or if
there are activities performed in the City on behalf of the service supplier that are
significantly associated with the service supplier's ability to establish and maintain a
market in the City for the provision of utility services that are subject to a tax under this
Chapter.
3.16.120 Duty to Collect Procedures.
(a) Collection by Service Suppliers: The duty of service suppliers to collect and
remit the taxes imposed by the provisions of this Chapter shall be performed as follows:
(1) The tax shall be collected by service suppliers insofar as practicable at the
same time as, and along with, the collection of the charges made in accordance with the
regular billing practice of the service supplier. Where the amount paid by a service user
to a service supplier is less than the full amount of the charge and tax which was accrued
for the billing period, a proportionate share of both the charge and the tax shall be
deemed to have been paid. In those cases where a service user has notified the service
supplier of refusal to pay the tax imposed on said charges, Section 3.16.916 shall apply.
(2) The duty of a service supplier to collect the tax from a service user shall
commence with the beginning of the first regular billing period applicable to the service
user where all charges normally included in such regular billing are subject to the
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EXHIBIT A
provisions of this Chapter. Where a service user receives more than one billing, one or
more being for different periods than another, the duty to collect shall arise separately for
each billing period.
(b) Filing Return and Payment: Each person required by this Chapter to remit a tax
shall file a return to the Tax Administrator, on forms approved by the Tax Administrator,
on or before the due date. The full amount of the tax collected shall be included with the
return and filed with the Tax Administrator. The Tax Administrator is authorized to
require such additional information as he or she deems necessary to determine if the tax
is being levied, collected, and remitted in accordance with this Chapter. Returns are due
immediately upon cessation of business for any reason. Pursuant to Revenue and Tax
Code Section 7284.6, the Tax Administrator, and its agents, shall maintain such filing
returns as confidential information that is exempt from the disclosure provisions of the
Public Records Act.
3.16.130 Collection Penalties-Service Suppliers.
(a) Taxes collected from a service user are delinquent if not received by the Tax
Administrator on or before the due date. Should the due date occur on a weekend or legal
holiday, the return must be received by the Tax Administrator on the first regular
working day following the weekend or legal holiday. A direct deposit, including
electronic fund transfers and other similar methods of electronically exchanging monies
between financial accounts, made by a service supplier in satisfaction of its obligations
under this Chapter shall be considered timely if the transfer is initiated on or before the
due date, and the transfer settles into the City's account on the following business day.
(b) If the person required to collect and/or remit the utility users' tax fails to collect
the tax (by failing to properly assess the tax on one or more services or charges on the
customer's billing) or fails to remit the tax collected on or before the due date, the Tax
Administrator shall attach a penalty for such delinquencies or deficiencies at the rate of
fifteen percent (15%) of the total tax that is delinquent or deficient in the remittance, and
shall pay interest at the rate of seventy-five one-hundredths percent(0.75%) per month,
or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date on
which the remittance first became delinquent, until paid.
(c) The Tax Administrator shall have the power to impose additional penalties upon
persons required to collect and remit taxes pursuant to the provisions of this Chapter for
fraud or gross negligence in reporting or remitting at the rate of fifteen percent (15%) of
the amount of the tax collected and/or required to be remitted, or as recomputed by the
Tax Administrator.
(d) For collection purposes only, every penalty imposed and such interest that is
accrued under the provisions of this Chapter shall become a part of the tax herein
required to be paid.
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EXHIBIT A
(e) Notwithstanding the foregoing, the Tax Administrator may, in his or her
discretion, modify the due dates of this Chapter to be consistent with any uniform
standards or procedures that are mutually agreed upon by other public agencies imposing
a utility users' tax, or otherwise legally established, to create a central payment location
or mechanism.
3.16.140 Actions to Collect.
Any tax required to be paid by a service user under the provisions of this Chapter shall be
deemed a debt owed by the service user to the City. Any such tax collected from a service
user which has not been remitted to the Tax Administrator shall be deemed a debt owed
to the City by the person required to collect and remit and shall no longer be a debt of the
service user. Any person owing money to the City under the provisions of this Chapter
shall be liable to an action brought in the name of the City for the recovery of such
amount, including penalties and interest as provided for in this Chapter, along with any
collection costs incurred by the City as a result of the person's noncompliance with this
Chapter, including, but not limited to, reasonable attorneys' fees. Any tax required to be
collected by a service supplier or owed by a service user is an unsecured priority excise
tax obligation under 11 U. S. CA. Section 507(a)(8)(C). Service suppliers who seek to
collect charges for service in bankruptcy proceedings shall also include in any such claim
the amount of taxes due the City for those services, unless the Tax Administrator
determines that such duty is in conflict with any federal or state law, rule, or regulation or
that such action would be administratively impractical.
3.16.150 Deficiency Determination and Assessment-Tax Application Errors.
(a) The Tax Administrator shall make a deficiency determination if he or she
determines that any person required to pay or collect taxes pursuant to the provisions of
this Chapter has failed to pay, collect, and/or remit the proper amount of tax by
improperly or failing to apply the tax to one or more taxable services or charges. Nothing
herein shall require that the Tax Administrator institute proceedings under this Section
3.16.150 if, in the opinion of the Tax Administrator, the cost of collection or enforcement
likely outweighs the tax benefit.
(b) The Tax Administrator shall mail a notice of such deficiency determination to the
person required to pay or remit the tax, which notice shall refer briefly to the amount of
the taxes owed, plus interest at the rate of seventy-five one-hundredths percent (0.75%)
per month, or any fraction thereof, on the amount of the tax from the date on which the
tax should have been received by the City. Within fourteen(14) calendar days after the
date of service of such notice, the person may request in writing to the Tax Administrator
for a hearing on the matter.
(c) If the person fails to request a hearing within the prescribed time period, the
amount of the deficiency determination shall become a final assessment, and shall
immediately be due and owing to the City. If the person requests a hearing, the Tax
Administrator shall cause the matter to be set for hearing, which shall be scheduled
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EXHIBIT A
within thirty (30) days after receipt of the written request for hearing. Notice of the time
and place of the hearing shall be mailed by the Tax Administrator to such person at least
ten (10) calendar days prior to the hearing, and, if the Tax Administrator desires said
person to produce specific records at such hearing, such notice may designate the records
requested to be produced.
(d) At the time fixed for the hearing, the Tax Administrator shall hear all relevant
testimony and evidence, including that of any other interested parties. At the discretion of
the Tax Administrator, the hearing may be continued from time to time for the purpose of
allowing the presentation of additional evidence. Within a reasonable time following the
conclusion of the hearing, the Tax Administrator shall issue a final assessment (or non-
assessment), thereafter, by confirming, modifying or rejecting the original deficiency
determination, and shall mail a copy of such final assessment to person owing the tax.
The decision of the Tax Administrator may be appealed pursuant to Section 3.16.200 of
this Chapter. Filing an application with the Tax Administrator and appeal to the City
Administrator, or designee, pursuant to Section 3.16.200 of this Chapter is a prerequisite
to a suit thereon.
(e) Payment of the final assessment shall become delinquent if not received by the
Tax Administrator on or before the thirtieth (30th) day following the date of receipt of the
notice of final assessment. The penalty for delinquency shall be fifteen percent (15%) on
the total amount of the assessment, along with interest at the rate of seventy-five one-
hundredths percent (0.75%) per month, or any fraction thereof, on the amount of the tax,
exclusive of penalties, from the date of delinquency, until paid. The applicable statute of
limitations regarding a claim by the City seeking payment of a tax assessed under this
Chapter shall commence from the date of delinquency as provided in this subsection (e).
(f) All notices under this Chapter may be sent by regular mail, postage prepaid, and
shall be deemed received on the third calendar day following the date of mailing, as
established by a proof of mailing.
3.16.160 Administrative Remedy-Non-Paying Service Users.
(a) Whenever the Tax Administrator determines that a service user has deliberately
withheld the amount of the tax owed by the service user from the amounts remitted to a
person required to collect the tax, or.whenever the Tax Administrator deems it in the best
interest of the City, he or she may relieve such person of the obligation to collect the
taxes due under this Chapter from certain named service users for specific billing periods.
To the extent the service user has failed to pay the amount of tax owed for a period of
two (2) or more billing periods, the service supplier shall be relieved of the obligation to
collect taxes due. The service supplier shall provide the City with the names and
addresses of such service users and the amounts of taxes owed under the provisions of
this Chapter.Nothing herein shall require that the Tax Administrator institute
proceedings under this Section 3.16.160 if, in the opinion of the Tax Administrator, the
cost of collection or enforcement likely outweighs the tax benefit.
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EXHIBIT A
(b) In addition to the tax owed, the service user shall pay a delinquency penalty at the
rate of fifteen percent (15%) of the total tax that is owed, and shall pay interest at the rate
of seventy-five one-hundredths percent (0.75%) per month, or any fraction thereof, on the
amount of the tax, exclusive of penalties, from the due date, until paid.
(c) The Tax Administrator shall notify the non-paying service user that the Tax
Administrator has assumed the responsibility to collect the taxes due for the stated
periods and demand payment of such taxes, including penalties and interest. The notice
shall be served on the service user by personal delivery or by deposit of the notice in the
United States mail, postage prepaid, addressed to the service user at the address to which
billing was made by the person required to collect the tax; or, should the service user
have a change of address, to his or her last known address.
(d) If the service user fails to remit the tax to the Tax Administrator within thirty (30)
days from the date of the service of the notice upon him or her, the Tax Administrator
may impose an additional penalty of fifteen percent(15%) of the amount of the total tax
that is owed.
3.16.170 Additional Powers and Duties of the Tax Administrator.
(a) The Tax Administrator shall have the power and duty, and is hereby directed, to
enforce each and all of the provisions of this Chapter.
(b) The Tax Administrator may adopt administrative rules and regulations consistent
with provisions of this Chapter for the purpose of interpreting, clarifying, carrying out
and enforcing the payment, collection and remittance of the taxes herein imposed. The
administrative ruling shall not impose a new tax, revise an existing tax methodology as
stated in this Chapter, or increase an existing tax, except as allowed by California
Government Code Section 53750(h)(2). A copy of such administrative rules and
regulations shall be on file in the Tax Administrator's office. To the extent that the Tax.
Administrator determines that the tax imposed under this Chapter shall not be collected in
full for any period of time from any particular service supplier or service user, that
determination shall be considered an exercise of the Tax Administrator's discretion to
settle disputes and shall not constitute a change in taxing methodology for purposes of
Government Code Section 53750 or otherwise. The Tax Administrator is riot authorized
to amend the City's methodology for purposes of Government Code Section 53750 and
the City does not waive or abrogate its ability to impose the utility users' tax in full as a
result of promulgating administrative rulings or entering into agreements.
(c) Upon a proper showing of good cause, the Tax Administrator may make
administrative agreements, with appropriate conditions, to vary from the strict
requirements of this Chapter and thereby: (1) conform to the billing procedures of a
particular service supplier so long as said agreements result in the collection of the tax in
conformance with the general purpose and scope of this Chapter; or, (2) to avoid a
hardship where the administrative costs of collection and remittance greatly outweigh the
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EXHIBIT A
tax benefit. A copy of each such agreement shall be on file in the Tax Administrator's
office, and are voidable by the Tax Administrator or the City at any time.
(d) The Tax Administrator may conduct an audit, to ensure proper compliance with
the requirements of this Chapter, of any person required to collect and/or remit a tax
pursuant to this Chapter. The Tax Administrator shall notify said person of the initiation
of an audit in writing. In the absence of fraud or other intentional misconduct, the audit
period of review shall not exceed a period of three (3) years next preceding the date of
receipt of the written notice by said person from the Tax Administrator. Upon completion
of the audit, the Tax Administrator may make a deficiency determination pursuant to
Section 3.16.150 of this Chapter for all taxes (and applicable penalties and interest) owed
and not paid, as evidenced by information provided by such person to the Tax
Administrator. If said person is unable or unwilling to provide sufficient records to enable
the Tax Administrator to verify compliance with this Chapter, the Tax Administrator is
authorized to make a reasonable estimate of the deficiency. Said reasonable estimate shall
be entitled to a rebuttable presumption of correctness.
(e) Upon receipt of a written request of a taxpayer, and for good cause, the Tax
Administrator may extend the time for filing any statement required pursuant to this
Chapter for a period of not to exceed forty-five (45) days, provided that the time for filing
the required statement has not already passed when the request is received. No penalty
for delinquent payment shall accrue by reason of such extension. Interest shall accrue
during said extension at the rate of seventy-five one-hundredths percent (0.75%) per
month, prorated for any portion thereof.
(f) The Tax Administrator shall determine the eligibility of any person who asserts a
right to exemption from, or a refund of, the tax imposed by this Chapter.
(g) Notwithstanding any provision in this Chapter to the contrary, the Tax
Administrator may waive any penalty or interest imposed upon a person required to
collect and/or remit for failure to collect the tax imposed by this Chapter if the non-
collection occurred in good faith. In determining whether the non-collection was in good
faith, the Tax Administrator shall take into consideration the uniqueness of the product or
service, industry practice or other precedence. The Tax Administrator may also
participate with other utility users' tax public agencies in conducting coordinated
compliance reviews with the goal of achieving administrative efficiency and uniform tax
application determinations, where possible. To encourage full disclosure and on-going
cooperation on annual compliance reviews, the Tax Administrator, and its agents, may
enter into agreements with the tax-collecting service providers and grant prospective only
effect on any changes regarding the taxation of services or charges that were previously
deemed by the service provider, in good faith and without gross negligence, to be non-
taxable. In determining whether the non-collection was in good faith and without gross
negligence, the Tax Administrator shall take into consideration the uniqueness of the
product or service, industry practice or other precedence.
3.16.180 Records.
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EXHIBIT A
(a) It shall be the duty of every person required to collect and/or remit to the City any
tax imposed by this Chapter to keep and preserve, for a period of at least three (3) years,
all records as may be necessary to determine the amount of such tax as he/she may have
been liable for the collection of and remittance to the Tax Administrator, which records
the Tax Administrator shall have the right to inspect at a reasonable time.
(b) The City may issue an administrative subpoena to compel a person to deliver,to
the Tax Administrator, copies of all records deemed necessary by the Tax Administrator
to establish compliance with this Chapter, including the delivery of records in a common
electronic format on readily available media if such records are kept electronically by the
person in the usual and ordinary course of business. As an alternative to delivering the
subpoenaed records to the Tax Administrator on or before the due date provided in the
administrative subpoena, such person may provide access to such records outside the City
on or before the due date, provided that such person shall reimburse the City for all
reasonable travel expenses incurred by the City to inspect those records, including travel,
lodging, meals, and other similar expenses, but excluding the normal salary or hourly
wages of those persons designated by the City to conduct the inspection.
(c) The Tax Administrator is authorized to execute a non-disclosure agreement
approved by the City Attorney to protect the confidentiality of customer information
pursuant to California Revenue and Tax Code Sections 7284.6 and 7284.7.
(d) If a service supplier uses a billing agent or billing aggregator to bill, collect,
and/or remit the tax, the service supplier shall: 1) provide to the Tax Administrator the
name, address and telephone number of each billing agent and billing aggregator
currently authorized by the service supplier to bill, collect, and/or remit the tax to the
City; and, 2) upon request of the Tax Administrator, deliver, or effect the delivery of, any
information or records in the possession of such billing agent or billing aggregator that, in
the opinion of the Tax Administrator, is necessary to verify the proper application,
calculation, collection and/or remittance of such tax to the City.
(e) If any person subject to record-keeping under this Chapter unreasonably denies
the Tax Administrator access to such records, or fails to produce the information
requested in an administrative subpoena within the time specified, then the Tax
Administrator may impose a penalty of Five Hundred Dollars ($500.00) on such person
for each day following: 1)the initial date that the person refuses to provide such access;
or, 2) the due date for production of records as set forth in the administrative subpoena.
This penalty shall be in addition to any other penalty imposed under this Chapter.
3.16.190 Refunds
Whenever the amount of any tax has been overpaid or paid more than once or has been
erroneously or illegally collected or received by the Tax Administrator under this Chapter
from a person or service supplier, it may be refunded as provided in this Section as
follows:
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EXHIBIT A
(a) Written Claim for Refund: The Tax Administrator may refund any tax that has
been overpaid or paid more than once or has been erroneously or illegally collected or
received by the Tax Administrator under this Chapter from a person or service supplier,
provided that no refund shall be paid under the provisions of this Section unless the
claimant or his or her guardian, conservator, executor, or administrator has submitted a
written claim to the Tax Administrator within one year of the overpayment or erroneous
or illegal collection of said tax. Such claim must clearly establish claimant's right to the
refund by written records showing entitlement thereto. Nothing herein shall permit the
filing of a claim on behalf of a class or group of taxpayers unless each member of the
class has submitted a written claim under penalty of perjury as provided by this Section.
(b) Compliance with Claims Act: The filing of a written claim pursuant to
Government Code Section 935 is a prerequisite to any suit thereon. Any action brought
against the City pursuant to this Chapter shall be subject to the provisions of Government
Code Sections 945.6 and 946. The Tax Administrator, or the City Council where the
claim is in excess of Five Thousand Dollars ($5,000.00), shall act upon the refund claim
within the time period set forth in Government Code Section 912.4. If the Tax
Administrator/City Council fails or refuses to act on a refund claim within the time
prescribed by Government Section 912.4, the claim shall be deemed to have been rejected
by the City Council on the last day of the period within which the City Council was
required to act upon the claim as provided in Government Code Section 912.4. The Tax
Administrator shall give notice of the action in a form which substantially complies with
that set forth in Government Code Section 913.
(c) Refunds to Service Suppliers: Notwithstanding the notice provisions of
subsection(a) of this Section, the Tax Administrator may, at his or her discretion, give
written permission to a service supplier, who has collected and remitted any amount of
tax in excess of the amount of tax imposed by this Chapter, to claim credit for such
overpayment against the amount of tax which is due the City upon a subsequent monthly
return(s) to the Tax Administrator, provided that, prior to taking such credit by the
service supplier: 1) such credit is claimed in a return dated no later than one year from the
date of overpayment or erroneous collection of said tax; 2) the Tax Administrator is
satisfied that the underlying basis and amount of such credit has been reasonably
established; and, 3) in the case of an overpayment by a service user to the service supplier
that has been remitted to the City, the Tax Administrator has received proof, to his or her
satisfaction, that the overpayment has been refunded by the service supplier to the service
user in an amount equal to the requested credit.
3.16.200 Appeals.
(a) The provisions of this Section apply to any decision (other than a decision relating
to a refund pursuant to Section 3.16.190 of this Chapter), deficiency determination,
assessment, or administrative ruling of the Tax Administrator. Any person aggrieved by
any decision (other than a decision relating to a refund pursuant to Section 3.16.190 of
this Chapter), deficiency determination, assessment, or administrative ruling of the Tax
Administrator, shall be required to comply with the appeals procedure of this Section.
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EXHIBIT A
Compliance with this Section shall be a prerequisite to a suit thereon. [See Government
Code Section 935(b)]. Nothing herein shall permit the filing of a claim or action on
behalf of a class or group of taxpayers.
(b) If any person is aggrieved by any decision (other than a decision relating to a
refund pursuant to Section 3.16.190 of this Chapter), deficiency determination,
assessment, or administrative ruling of the Tax Administrator; he or she may appeal to
the City Administrator, or designee, by filing a notice of appeal with the City Clerk
within fourteen (14) days of the date of the decision, deficiency determination,
assessment, or administrative ruling of the Tax Administrator which aggrieved the
service user or service supplier.
(c) The matter shall be scheduled for hearing before an independent hearing officer
selected by the City Administrator, or designee, no more than thirty (30) days from the
receipt of the appeal. The appellant shall be served with notice of the time and place of
the hearing, as well as any relevant materials, at least five (5) calendar days prior to the
hearing. The hearing may be continued from time to time upon mutual consent. At the
time of the hearing,the appealing party, the Tax Administrator, and any other interested
person may present such relevant evidence as he or she may have relating to the
determination from which the appeal is taken.
(d) Based upon the submission of such evidence and the review of the City's files, the
hearing officer shall issue a written notice and order upholding, modifying or reversing
the determination from which the appeal is taken. The notice shall be given within
fourteen (14) days after the conclusion of the hearing and shall state the reasons for the
decision. The notice shall specify that the decision is final and that any petition for
judicial review shall be filed within ninety(90) days from the date of the decision in
accordance with Code of Civil Procedure Section 1094.6.
(e) All notices under this Section may be sent by regular mail, postage prepaid, and
shall be deemed received on the third calendar day following the date of mailing, as
established by a proof of mailing.
3.16.210 No Injunction/Writ of Mandate.
No injunction or writ of mandate or other legal or equitable process shall issue in any
suit, action, or proceeding in any court against this City or against any officer of the City
to prevent or enjoin the collection under this Chapter of any tax or any amount of tax
required to be collected and/or remitted.
3.16.220 Notice of Changes to Ordinance.
If a tax under this Chapter is added repealed, increased, reduced, or the tax base is
changed, the Tax Administrator shall follow the notice requirements of California Public
Utilities Code Section 799.
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EXHIBIT A
3.16.230 Effect of State and Federal Reference/Authorization.
Unless specifically provided otherwise, any reference to a State or Federal statute in this
Chapter shall mean such statute as it may be amended from time to time, provided that
such reference to a statute herein shall not include any subsequent amendment thereto, or
to any subsequent change of interpretation thereto by a State or Federal agency or court
of law with the duty to interpret such law, to the extent that such amendment or change of
interpretation would require voter approval under California law, or to the extent that
such change would result in a tax decrease (as a result of excluding all or a part of a
utility service, or charge therefor, from taxation). Only to the extent voter approval would
otherwise be required or a tax decrease would result, the prior version of the statute (or
interpretation) shall remain applicable; for any application or situation that would not
require voter approval or result in a decrease of a tax, provisions of the amended statute
(or new interpretation) shall be applicable to the maximum possible extent.
To the extent that the City's authorization to collect or impose any tax imposed under this
Chapter is expanded or limited as a result of changes in State or Federal law, no
amendment or modification of this Chapter shall be required to conform the tax to those
changes, and the tax shall be imposed and collected to the full extent of the authorization
up to the full amount of the tax imposed under this Chapter.
3.16.240 No Increase in Tax Percentage or Change in Methodology Without Voter
Approval; Amendment or Repeal.
This Title 3, Chapter 16 of the San Luis Obispo Municipal Code may be repealed or
amended by the City Council without a vote of the People. However, as required by
Chapter XIIIC of the California Constitution, voter approval is required for any
amendment provision that would increase the rate of any tax levied pursuant to this
Ordinance. The People of the City of San Luis Obispo affirm that the following actions
shall not constitute an increase of the rate of a tax:
(1) The restoration of the rate of the tax to a rate that is no higher than that set by this
Ordinance, if the City Council has acted to reduce the rate of the tax;
(2) An action that interprets or clarifies the methodology of the tax, or any definition
applicable to the tax, so long as such interpretation or clarification (even if contrary to
some prior interpretation or clarification) is not inconsistent with the language of this
Ordinance;
(3) The establishment a class of persons that is exempt or excepted from the tax or the
discontinuation of any such exemption or exception (other than the discontinuation of an
exemption or exception specifically set forth in this Ordinance); and
(4) The collection of the tax imposed by this ordinance, even if the City had, for some
period of time, failed to collect the tax.
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EXHIBIT A
3.16.250 Remedies Cumulative.
All remedies and penalties prescribed by this Chapter or which are available under any
other provision of law or equity, including but not limited to the California False Claims
Act (Government Code Section 12650 et seq.) and the California Unfair Practices Act
(Business and Professions Code Section 17070 et seq.), are cumulative. The use of one
or more remedies by the City shall not bar the use of any other remedy for the purpose of
enforcing the provisions of this Chapter.
3.16.260 Interaction With Prior Tax.
(a). Collection of Tax by Service Providers. Service providers shall begin to collect the
tax imposed by this amended Chapter 16 as soon as feasible after the effective date of the
Chapter, but in no event later than permitted by Section 799 of the California Public
Utilities Code.
(b). Satisfaction of Tax Obligation by Service Users. Prior to April 1, 2013, any person
who pays the tax levied pursuant to Title 3, Chapter 16 of this Code, as it existed prior to
its amendment as provided herein, with respect to any charge for a service shall be
deemed to have satisfied his or her obligation to pay the tax levied pursuant to Title 3,
Chapter 16 as amended herein, with respect to that charge. The intent of this paragraph is
to prevent the imposition of multiple taxes upon a single utility charge during the
transition period from the prior Utility Users' Tax ordinance to the amended Utility
Users' Tax ordinance (which transition period ends April 1, 2013) and to permit service
providers or other persons with an obligation to remit the tax hereunder, during that
transition period, to satisfy their collection obligations by collecting either tax.
(c) In the event that a final court order should determine that the election enacting this
Title 3, Chapter 16 (as amended herein) is invalid for whatever reason, or that any tax
imposed under this Title 3, Chapter 16 (as amended herein) is invalid in whole or in part,
then the taxes imposed under Title 3, Chapter 16 of this Code, as it existed prior to its
amendment as provided herein, shall automatically continue to apply with respect to any
service for which the tax levied pursuant to this Chapter 16 has been determined to be
invalid. Such automatic continuation shall be effective beginning as of the first date of
service (or billing date) for which the tax imposed by this Chapter is not valid. However,
in the event of an invalidation, any tax (other than a tax that is ordered refunded by the
court or is otherwise refunded by the City) paid by a person with respect to a service and
calculated pursuant to this Title 3, Chapter 16 (as amended herein) shall be deemed to
satisfy the tax imposed under Title 3, Chapter 16, as it existed prior to its amendment as
provided herein, on that service, so long as the tax is paid with respect to a service provided
no later than six months subsequent to the date on which the final court order is published.
SECTION 2. Effective Date. This Chapter, if approved by the electorate of the City
of San Luis Obispo at the General Municipal Election of November 6, 2012 shall
become effective immediately upon the declaration of the results of that election by
the City Council of the City of San Luis Obispo.
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EXHIBIT A
SECTI0N.3. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unenforceable by a
court of competent jurisdiction, the remaining portions of this Ordinance shall
nonetheless remain in full force and effect. The People hereby declares that they
would have adopted each section, subsection, sentence, clause, phrase, or portion of
this Ordinance, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions of this Ordinance be declared invalid or
unenforceable.
SECTION 4. Ratification of Prior Tax. The People of the City of San Luis Obispo
hereby ratify and approve the past collection of the Utility Users' Tax Title 3, Chapter
16 of the San Luis Obispo Municipal Code, as it existed prior to the effective date of
this Ordinance.
SECTION 5. Execution. The Mayor is hereby authorized to attest to the adoption of
the Ordinance by the voters of the City by signing where indicated below.
I hereby certify that the foregoing Ordinance was PASSED, APPROVED
and ADOPTED by the People of the City of San Luis Obispo, California voting on
the 6th day of November, 2012.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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