HomeMy WebLinkAbout10393-10409 RESOLUTION NO. 10393 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added
to the California Government Code to create a Local Agency Investment Fund in the State
Treasury for the deposit of money of a local agency for purposes of investment by the State
Treasurer; and
WHEREAS,the Council of the City of San Luis Obispo does hereby find that the deposit
and withdrawal of money in the Local Agency Investment Fund in accordance with the
provisions of Section 16429.1 of the Government Code for the purpose of investment as stated
therein is in the best interests of the City of San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED that the Council does hereby authorize the
deposit and withdrawal of City of San Luis Obispo monies in the Local Agency Investment Fund
in the State Treasury in accordance with the provisions of Section 16429.1 of the Government
Code for the purpose of investment as stated therein, and verification by the State Treasurer's
Office of all banking information provided in that regard.
BE IT FURTHER RESOLVED, that the following City of San Luis Obispo officers or
their successors in office shall be authorized to order the deposit or withdrawal of monies in the
Local Agency Investment Fund:
Katie Lichtig, City Manager
Michael Codron, Assistant City Manager
Charles Bourbeau, Director of Finance and Information Technology
Vacant, Finance Manager
Jennifer Thompson, Revenue Supervisor
Sallie McAndrew, Accounting Supervisor
Upon motion of Council Member Smith, 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
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Resolution No. 10393 (2012 Series)
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The foregoing resolution was adopted this 4`h day of September 2012.
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Mayor Marx
ATTEST:
�ALk:X-4
Maeve K&edy G i es
City Clerk
5h
PROVED AS TO F RM:
J. hristine Dietrick
City Attorney
RESOLUTION NO. 10394 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL TO THE TREE COMMITTEE DECISION
TO DENY A TREE REMOVAL REQUEST AT 1288 MORRO
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing
on July 23, 2012, and denied the Property Owner's request to remove one pine tree located at
1288 Morro, San Luis Obispo, California ("Property"); and
WHEREAS, on September 4, 2012, the City Council of the City of San Luis Obispo held
a public hearing to consider the appeal of the Tree Committee's decision to deny 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 property owner's
appeal of the San Luis Obispo Tree Committee's action, staff recommendatipns and reports
thereon, and public testimony, makes the following findings:
a. The tree is not causing undue hardship to the property owner because:
1. No testimony or evidence was presented to demonstrate that deviations or defects
created by the tree to access paths are significant and that such defects cannot be
remedied or mitigated through diligent maintenance by the property owner; and '
2. No testimony or evidence was presented to demonstrate that maintenance and/or
repair of the tree or affected access pathways, in a manner that would mitigate or
eliminate impacts asserted by the applicant, is physically or financially infeasible or
unduly burdensome.
b. The removal of the pine tree will not promote good arboricultural practice because the
tree is healthy, attractive, and vigorous.
c. The removal of the pine tree will harm the character or environment of the surrounding
neighborhood because it is a large and attractive shade tree, visible from public
passageways, which softens the appearance of the building.
SECTION 2. The appeal of the Tree Committee's decision to deny the removal a pine
tree at 1288 Morro, San Luis Obispo, California is hereby denied and the property owner may
not remove the tree.
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Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and
on the following roll call vote:
AYES: Council Members Ashbaugh and Smith, and Mayor Marx
NOES: Council Member Carter and Vice Mayor Carpenter
ABSENT: None
The foregoing resolution was adopted this 4h day of September 2012.
(]' L
Mayor lbmarx
ATTEST:
Maeve Kc6edy 6rii&s
City Clerk
APPROVE STO
J. s me Dietrick
ity Attorney
RESOLUTION NO. 10395 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUPPORTING A
CONSTITUTIONAL AMENDMENT RESTRICTING CORPORATE SPENDING IN
THE ELECTORAL PROCESS
WHEREAS, the 2010 U.S. Supreme Court decision Citizens United v. Federal Election
Commission extended individual free speech rights to corporations by holding that corporations
have the same First Amendment rights to free speech as individual persons; and
WHEREAS, the Supreme Court ruled that the First Amendment prohibits government
from restricting political expenditures by corporations; and
WHEREAS, the prohibition against legal restrictions on political expenditures by
corporations has an overwhelming impact on the electoral process allowing unlimited spending
by corporations to influence elections, candidates, and policies; and
WHEREAS, the Citizens United decision supersedes state and local efforts to regulate
corporate activity in their elections; and
WHEREAS, the City of San Luis Obispo recognizes the importance of fair and
democratic elections.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City join with other cities across the country seeking an amendment to the United
States Constitution to limit the individual rights of corporations and restrict corporate spending in
the electoral process.
BE IT FURTHER RESOLVED that Senators Barbara Boxer and Dianne Feinstein, and
Congressperson Lois Capps receive a copy 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
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Resolution No. 10395 (2012 Series)
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The foregoing resolution was adopted this 25`h day of September 2012.
r1yoA.'e,
May J Marx
ATTEST:
wau
Ma&e Kenne Grimes
City Clerk
APPROVED AS TO FO
J. C 'stine Dietrick
Attorney
RESOLUTION NO. 10396 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF
THE PLANNING COMMISSION'S ACTION TO APPROVE THE PROJECT,
MODIFYING THE PLANNING COMMISSION'S APPROVAL,AND GRANTING
FINAL APPROVAL OF A NIGHT CLUB USE PERMIT ALLOWING THE
RELOCATION OF SLO BREWING COMPANY INTO THE MASTER LIST CARRISA
BUILDING AS REPRESENTED IN COUNCIL AGENDA REPORT AND
ATTACHMENTS DATED NOVEMBER 20, 2012 (736/738 HIGUERA STREET, A 57-12)
WHEREAS, the Planning Commission, on July 11, 2012, approved a Night Club Use
Permit to allow relocation of SLO Brewing Company in the Historic Downtown Commercial
zone; and
WHEREAS, David Brodie, on behalf of Save Our Downtown, filed an appeal of the
Planning Commission's action on July 20, 2012; and
WHEREAS, the City Council, on September 25, 2012, conducted a public hearing for
the purpose of considering the appeal of the Planning Commission's action and continued the
hearing with direction to the applicant for project revisions; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 20, 2012, for the purpose of considering revised plans for the final approval; and
WHEREAS, the City Council has duly considered all evidence, including the record of
the Planning Commission hearing and action, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. As conditioned, the use will not harm the general health, safety, and welfare of people
living or working in the vicinity because conditions on the Use Permit approval will
minimize noise impacts, as well as impacts to police resources and the community.
2. The proposed project is consistent with the General Plan, which designates the project site
as Downtown Commercial (C-D). The City General Plan Land Use Element Policy 4.3,
Entertainment and Cultural Facilities, states that "...Entertainment facilities, such as
nightclubs and private theaters, should be in the downtown..."
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Resolution No. 10396 (2012 Series)
Page 2
3. The proposed project is consistent with General Plan policy to locate, at the street level,
restaurants, stores, and other uses benefiting from and contributing to pedestrian traffic
(LUE 4.16.1).
4. The proposed use is consistent with Land Use Element Society and Economy goal #24; to
serve as the County's hub for entertainment and cultural services.
5. The property owner has agreed to conditions of approval that place restrictions on the use
of the property to insure that nuisances and significant burdens on police resources do not
occur.
6. As conditioned, the proposed use is compatible with the project site and with existing and
potential uses in the vicinity which include retail shops, offices, restaurants, and bars.
Conditions of approval have been adopted to minimize potential disturbances and criminal
activities.
SECTION 2. Environmental Review. Categorically exempt under the following: Section
15301 (Existing Facilities) of the CEQA Guidelines because the project proposes the relocation
of a business into an existing building with no overall increase in floor area of that existing
building, Section 15331 (Historical Resource Restoration/Rehabilitation) because modifications
to the building will be consistent with the Secretary of the Interior's Standards for the Treatment
of Historic Properties, and Section 15332 (In-Fill Development Projects) because the project is
within City limits, consistent with applicable City policy, surrounded by urban uses, and on a
project site less than 5 acres in size served by required utilities and public services.
SECTION 3. Action. The City Council hereby denies the appeal of the Planning
Commission's action to approve the project and grants final approval of a Night Club Use Permit
allowing the relocation of SLO Brewing Company within the Historic Downtown Commercial
zone, with incorporation of the following conditions:
Conditions:
1. Prior to establishment of the use, a building plan check submittal that is in full conformance
with submitted project plans and the following conditions of approval shall be submitted
for review and approval of the Community Development Department.
2. All improvements to the building shall be done in compliance with the Secretary of the
Interior's Standards for the Treatment of Historic Properties and shall be reviewed by the
Cultural Heritage Committee.
3. Plans submitted for a building permit shall substantially comply with occupant loads
provided .in revised plans dated October 19, 2012 and approved by the City Council
(November 20, 2012 hearing), or the project will require modification to this Use Permit.
4. The roof level patio shall not exceed a maximum occupant load of 49 persons.
Resolution No. 10396 (2012 Series)
Page 3
5. Prior to release of occupancy, the applicant shall pay applicable parking in-lieu fees for the
change in use from retail to restaurant/bar/nightclub, a difference of approximately 12
parking spaces.
6. The applicant shall provide a minimum of ten short-tern bicycle parking spaces on-site.
7. Entertainment shall be located only in the areas specified on floor plans stamped with
Community Development Department approval.
8. Live entertainment, above the level that is compliant with the City's definition of ambient
entertainment, shall be confined to the second level auditorium as shown on project plans
and entertainment events shall not be performed outside the hours of 6:00 p.m. to 1:00 a.m.
A modification to event hours of operation (second level auditorium) to allow earlier
operation of small scale events with no patron queue may be allowed subject to the review
and written approval of the Community Development and Police Departments. General
business hours for use of the space that does not include live entertainment shall be limited
to 7:00 a.m. to 2:00 a.m. Monday through Sunday with all outdoor hours of operation
limited to 7:00 a.m. to 11:00 p.m.
9. Live or amplified entertainment shall not be allowed in any outdoor areas (i.e. Higuera
Street dining, creek-side dining, roof level patio). Acoustic or background music, consistent
with the City's definition of ambient entertainment, is allowed in outdoor areas from 7:00
a.m. to 11:00 p.m.
10. The proposed use shall operate in conformance with the City Noise Ordinance (M.C..
Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and
businesses. The project shall operate within the noise levels established by the applicant's
submitted sound level assessment.
11. The applicant is responsible at all times for verifying the legal age of patrons prior to entry,
for monitoring patrons' on site alcohol consumption, and for declining to serve alcohol to
patrons who demonstrate signs of intoxication or impairment associated with alcohol
consumption, based on training that is to be provided to all staff.
12. No individual under 21 years of age, or without proper identification, shall be served or
sold alcohol.
13. The applicant shall not permit its patrons to leave the licensed premises with any,alcoholic
beverage or to consume alcoholic beverages on any property adjacent to the licensed
premises under the control of the licensee(s).
14. The applicant shall make reasonable efforts to minimize the potential for adverse noise and
crowd impacts on adjacent establishments and nearby residences, including, but not limited
to, ensuring that all windows and doors are closed during any entertainment.
Resolution No. 10396 (2012 Series)
Page 4
15. The proposed sliding panel door system along Higuera Street shall be closed no later than
10:00 p.m. nightly.
16. Prior to release of occupancy, the applicant shall upgrade and finalize the security plan to
reflect operation at the 736/738 Higuera Street location. This shall include a site plan/floor
plan detailing the locations and duties of SLO Brewing Company Staff and shall include
the proposed patron routes and note regular maintenance/patrol of these routes, to the
satisfaction of the Community Development Director, Police Department, and Fire
Department. This plan shall be reviewed and commented upon by the Police Department
and Fire Department on an annual basis.
17. The security plan shall include a detailed explanation of how maximum occupant load
limits will be maintained.
18. The security plan shall provide that "no person will be prevented from using the emergency
exit stairway that passes by the `Green Room' in the event of an emergency," and that "no
act utilizing pyrotechnics or live fire will be permitted."
19. To address complaints and minimize the need for police response to minor issues, an owner
or manager shall be on premises at all times when entertainment is performed, and shall be
available to be contacted by a City representative and/or adjacent property owner or tenant.
The applicant shall provide and regularly update contact information to the City's Police,
Fire, and Community Development departments and adjacent property owners and tenants.
20. All employees shall attend ABC LEAD Training or equivalent training.
21. The applicant shall be responsible for on-going security/safety training to accommodate
changes in personnel.
22. The site shall be maintained in a neat and orderly manner at all times. The applicant shall
be responsible for daily cleanup maintenance of the front and back patio areas, the areas of
patron queuing, and any waste associated with the business in Mission Plaza.
23. The applicant shall manage/patrol outdoor crowds and queuing as a result of this use. An
orderly line of patrons awaiting entry that does not block public access on, or use of, the
sidewalk or street shall be maintained. The primary queuing area shall be from the Higuera
Street entrance/ticket counter easterly up Higuera Street towards Chorro Street. Queuing at
this location shall be located against the building fagades and away from the curb line and
adjoining parking lane. The queue delineation shall generally maintain a 6' clear area for
public pedestrian passage. This required clear area may be reduced to not less than 4'
where sidewalk furniture, trees, or other obstructions will not reasonably allow for a 6'
clear path. The queue shall not block entry/exit of operating businesses and shall have the
appropriate gaps to allow pedestrians to circulate across the line unobstructed.
Resolution No. 10396 (2012 Series)
Page 5
24. The applicant shall improve the public curb, gutter, sidewalk, and tree well in the area of
the main entry/ticket sales window to accommodate the queue and provide for accessible
passage by the general public. The improvements shall include but are not limited to the
removal and replacement of displaced curb, gutter, and/or sidewalk, protection of utility
vaults, tree root pruning, and the installation of a tree grate to the satisfaction of the Public
Works Department.
25. Improvements located within the public right-of-way or easement areas shall be shown on
the building plan submittal for reference. A separate encroachment permit will be required
from the Public Works Department for any work or construction staging located within the
public right-of-way or public easement areas.
26. Unless otherwise approved by the City, an alternate queue commencing from the creek-side
entry/exit and extending across the pedestrian bridge shall be used when the event schedule
might conflict with Farmers Market. Use of the pedestrian bridge route as a patron queue
may be allowed to avoid conflict with other downtown events (e.g. permitted parades or
assemblies, permitted work within the Higuera Street right-of-way, or other potentially
conflicting event as identified by the City of San Luis Obispo or the applicant) subject to
approval of the City. This alternate route shall be managed so that the patrons will be
tightly aligned in a single file line along the east/southeastern creek-side guard rail and the
eastern-most side of the pedestrian bridge. This orderly patron line shall have the
appropriate gaps to allow pedestrians to circulate across the line unobstructed.
27. Plans submitted for a building permit shall show and note the patron queue across the
pedestrian bridge. The patron route shall be upgraded as necessary to remove any
obstructions or uneven pavement, to the satisfaction of City Building Division and Public
Works Department. Pathway upgrades shall include an evaluation of creek-side lighting
levels, including the length of the pedestrian bridge patron route, and may require an
upgrade to path lighting. A lighting plan for the creek-side patio shall be provided with
plans submitted for review by the Architectural Review Commission. Creek-side lighting
levels shall be to the satisfaction of the City Biologist, Police Department and Community
Development Department.
28. Construction work related to any proposed path upgrades shall be coordinated with any
City Capital Improvement Project, or permitted private project in the respective work areas.
Prior to preparation of building permit documents, an on-site review will be conducted with
the Community Development Director, or other City representative, to establish the precise
scope of work for any proposed path upgrades.
29. The proposed use shall not conflict with events scheduled in Mission Plaza or Old Mission
Church. The applicant shall provide a monthly entertainment schedule and regularly consult
with the Mission Plaza Events Coordinator to determine the potential for such conflicts.
Resolution No. 10396 (2012 Series)
Page 6
30. Post-event patrons shall be directed to exit the second level auditorium through the Higuera
Street exit. This shall be a requirement of the security plan and shall be noted on security
site/floor plans.
31. The applicant shall provide a transparent sound barrier surround (e.g. laminated glass) atop
the 42 inch high guard (shown on attachment 6, sheet 5) of the proposed roof level patio.
This transparent surround shall be recessed (inward) from the outermost edge of the 42 inch
high guard so that it is not visible from the patio below.
32. Tour buses, vans, trailers, and other support vehicles shall load/unload equipment and
supplies at approved parking locations. The proposed parking areas shall be approved by
the City's Parking Division. The applicant will be responsible for posting of any required
"no parking" signage in accordance with City standards. The applicant shall pay for any
displaced parking spaces/meters in accordance with the current standards where applicable.
Post 9:00 p.m. bus loading/unloading, utilizing the pedestrian bridge route, shall not occur
along Monterey Street, nor along Broad Street north of Monterey Street.
33. Tour buses, vans, other support vehicles shall be switched off (no idling or generators
running) while parked.
34. The applicant shall maintain and operate a video recording system that records activity at
all entrances and exits during all business hours. The video shall be of a quality suitable for
later identification of customers and staff. It will be recorded in a manner that may be
retrieved and provided to police immediately upon demand. Video data shall be retained
for a minimum of 72 hours or as otherwise required by law.
35. Business shall be conducted in a manner that will not violate any provisions of the
California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors
(§25658), maintaining the public health, morals, convenience, and safety (§25601); and
taking reasonable steps to correct any objectionable conditions on the premises and
immediately adjacent to the premises (§24200).
36. The maximum posted occupant load for each space shall not be exceeded at any time. This
permit is strictly limited to allow only the occupant load for the premises as approved by
the City of San Luis Obispo Fire Department. Occupant loads approved by the City of San
Luis Obispo Fire Department shall be posted at all times.
37. This Use Permit shall be reviewed by the City Council one year from date of occupancy.
The City Council shall have the ability to modify, delete, or add conditions consistent with
the Municipal Code, to minimize adverse impacts to adjacent businesses and residences
based on documents or testimony evidencing such impacts arising from or related to the
operation of the permitted use.
38. This Use Permit shall be reviewed at a public Planning Commission hearing if the City
receives substantiated written complaints from any citizen, Code Enforcement Officer, or
Resolution No. 10396 (2012 Series)
Page 7
Police. Department employee, which includes information and/or evidence supporting a
conclusion that a violation of this Use Permit, or of City ordinances or regulations
applicable to the property or the operation of the business, has occurred. At the time of the
Use Permit review, to insure on-going compatibility of the uses on the project site,
conditions of approval may be added, deleted, or modified.
39. Upon a significant change to the business, as identified in the applicant's project
description and security plan, the Use Permit shall be reviewed by the Community
Development Director for compliance with conditions of approval, or to determine whether
a modification of the Use Permit is necessary.
40. The applicant shall provide a noise analysis for the proposed metal staircase. The analysis
shall include noise mitigation measures to ensure the staircase will comply with the City's
Noise Ordinance.
41. The applicant shall execute a hold harmless and indemnification agreement to the
satisfaction of the City Attorney for any claims or liability asserted against the City arising
from or relating to the applicant's use of City property for proposed patron queuing,
including for injury to any patron, agent, or employee of the permitted property or business,
or to any third party arising from or relating to such use by the applicant, its patrons, agents
or employees.
Code Requirements
The following code requirements are included for informational purposes only. They serve to
give the applicant a general idea of other City requirements that will apply to the project. This
is not intended to be an exhaustive list as other requirements may be identified during the plan
check process.
Utilities Department
1. The applicant shall submit a plan that delineates the location of the property's existing and
proposed water meter(s), water services, and sewer laterals to the points of connection at
the City water and sewer mains.
2. If the property's existing sewer lateral is proposed to be reused, submittal of a video
inspection will be required for review and approval of the Utilities Department during the
Building Permit Review process. If a new lateral is proposed, the existing lateral must be
abandoned per City standards.
3. Provisions shall be made for grease interceptors and FOG (fats, oils, and grease) storage
within the project's solid waste enclosure. These types of facilities shall also provide an
area inside to wash floor mats, equipment, and trash cans. The wash area shall be drained to
the sanitary sewer.
Resolution No. 10396 (2012 Series)
Page 8
Building Department
1. Exterior exit stairways shall be separated from the interior of the building as required by
Section 1022.1. Openings shall be limited to those necessary for egress from normally
occupied spaces. CBC 1026.6 Therefore, the existing creek side window openings along
the proposed exterior exit stairway shall be separated from the interior of the building in
conformance with Section 707.
2. Means of egress doors shall meet the requirements of CBC 1005.1, 1008.1, 1009.5, 1116B
and 1133B.2.4.3.
3. Provide an accessible route of travel connecting all elements and spaces including elevated
Fermenting Area on First Floor and Sound Booth on Second Floor. CBC 1103B.1.
Fire Department
1. Building to be provided with fire sprinklers installed per NFPA 13 Standards.
2. Provide a standpipe in the stairwell with outlets on each floor level and on roof.
3. All exit doors shall be equipped with panic hardware and no other lock or latch.
4. The Exterior exit stairway shall be separated from the interior of the building with a
minimum 1-hour rated construction. Openings shall be limited to those necessary for egress
from normally occupied spaces. Windows are not permitted along the exterior stairway.
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, and Mayor Marx
NOES: None
RECUSED: Vice Mayor Carpenter
ABSENT: None
Resolution No. 10396 (2012 Series)
Page 9
The foregoing resolution was adopted this 20`h day of November 2012.
//O'�a
AaV Marx
A TTEST.:
Make KenriLelly Grirvjle
City Clerk
APPROVED AS TO .
stine Dietrick
City Attorney
RESOLUTION NO. 10397 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A $30,000
AFFORDABLE HOUSING FUND (AHF) AWARD FOR THE SAN LUIS OBISPO
COUNTY HOUSING TRUST FUND (HTF)
WHEREAS, the City Council of the City of San Luis Obispo met in the Council
Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 2, 2012 for the
purpose of considering a request by the HTF for AHF assistance in the amount of$30,000; and
WHEREAS, the $30,000 will allow the HTF to improve the ability and feasibility of
affordable housing project construction in the City; and
WHEREAS, the projects and programs supported by the HTF meet the eligibility criteria
established by the City Council; and
WHEREAS, Housing Element Program 6.13 provides direction for the City to "continue
to support the SLO County Housing Trust Fund's efforts to provide below-market financing and
technical assistance to affordable housing developers as a way to increase affordable housing
production in the City of San Luis Obispo"; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff presented at
said meeting.
NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The City Council does hereby make the following findings in
support of the proposed Affordable Housing Fund award:
1. Eligibility: Use of the AHF for the requested purpose will increase or improve the City's
affordable housing inventory and promote General Plan policies regarding housing, as
follows:
The HTF improves the ability and feasibility of affordable housing construction. The
HTF indirectly supports creation of affordable housing units by providing financing and
technical assistance to City staff and developers of affordable housing in the City, and
HTF advocates for affordable housing projects, consistent with City policy. The proposed
award is consistent with the General Plan (Housing Element Programs 2.12 and 6.13) and
past practice.
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Resolution No. 10397 (2012 Series)
Page 2
2. Need: There exists a substantial or overarching need for the type of unit to be assisted, as
follows:
The City's Regional Housing Needs Allocation (RHNA) for the five year period from
January 2010 through December 2014 includes 185 units in the extremely-low income
(<31% of AMI) category, 185 units in the very-low income (31-50% of AMI) category,
259 units in the low income (51-80% of AMI) category and 295 in the moderate income
(81-120% of AMI) category. The HTF contributes to affordable housing at all of these
income ranges and will assist the City in meeting State housing targets.
3. Suitability: The project to be assisted is appropriate for its location both in terms of land
use and design, as follows:
This criterion is evaluated when HTF-funded affordable housing projects are proposed in
the City and for any project that receives an AHF grant.
4. Timing: The project would better serve the City's needs if it were built immediately as
opposed to later, as follows:
Funding should be provided now so that the HTF has adequate funds to cover operating
expenditures during the 2012 fiscal year and can continue to assist affordable housing
project construction. The City's citizens would be better served with HTF's assistance
now rather than later.
5. Financial Effectiveness: But for the requested funding, the project would not be
economically feasible; or AHF funding "leverages" significant additional funding from
other sources, as follows:
The City's AHF award would leverage significant additional funding from other sources.
As shown in Attachment 2, the top twenty contributors to the HTF have provided over
$5.1 million in operating support and equity for new loans since 2003.
6. Readiness: The project has all necessary City approvals and is ready to proceed, as
follows:
The HTF has been contributing to the cause of affordable housing in San Luis Obispo
County since 2003 and the proposed AHF award will help the HTF fulfill their mission
and is supported by the General Plan.
SECTION 2. Affordable Housing Fund Award, SLO County Housing Trust Fund. The
City Council does hereby approve an Affordable Housing Fund grant in the amount of$30,000
to support operations.
Resolution No. 10397 (2012 Series)
Page 3
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 2"d day of October, 2012.
Mayo Marx
ATTEST:
Aare, �
Mae Ke Grime
City Clerk
APPROVED A TO FO
1
J; C Stine Dietrick
Cify'Attorney
RESOLUTION NO. 10398 (2012 series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN
APPLICATION TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR HOUSING RELATED PARKS PROGRAM FUNDS TO
PROVIDE FINANCIAL ASSISTANCE TO THE PUBLIC WORKS DEPARTMENT FOR
PARK UPGRADES AT SANTA ROSA PARK.
WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the
State of California, wishes to apply for and receive an allocation of funds through the Housing
Related Parks (HRP) Program; and
WHEREAS, the California Department of Housing and Community Development
(hereinafter referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") for the
HRP Program established by Chapter 8, Sections 50700 through 50704.5 of Part 2 of Division 31
of the Health and Safety Code (the "statute"). Pursuant to the statute, HCD is authorized to
approve funding allocation utilizing monies made available by the State legislature to the HRP
program, subject to the terms and conditions of the HRP Program Guidelines adopted as
amended by HCD on December 2, 2011; and
WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from
HCD an allocation of HRP Program funds; and
WHEREAS, HCD is authorized to approve funding allocations for the HRP Program,
subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and
Standard Agreement.
WHEREAS, at the time of application, the City of San Luis Obispo has a General Plan
Housing.Element that is certified by HCD; and
WHEREAS, at the time of the application, the City of San Luis Obispo has a General
Plan in conformance with the Regional Blueprint Plan as required by HCD.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Application. The City of San Luis Obispo shall submit to HCD an
application to participate in the HRP Program in response to the NOFA issued on December 2,
2011, which will request financial assistance to help in the purchase and installation of play
equipment, safety surfacing, and other related park improvements associated with the playground
at Santa Rosa Park.
SECTION 2. Eligible Activities. If the application for funding is approved, the City of
San Luis Obispo hereby agrees to use the HRP Program funds for eligible activities in the
manner presented in the application as approved by HCD and in accordance with program
Guidelines as cited above. It also may execute any and all other instruments necessary or
required by HCD for participation in the HRP Program.
R 10398
Resolution No. 10398 (2012 Series)
Page 2
SECTION 3. Authorization. The City of San Luis Obispo authorizes the City Manager
or the Assistant City Manager to execute in the name of the City of San Luis Obispo, the
application, the Standard Agreement, and all other documents required by HCD for participation
in the HRP program, and any amendments thereto. In addition, the City of San Luis Obispo
authorizes the Director of Public works to submit payment requests,provide status updates and
provide program/project closeout documents to facilitate program implementation.
SECTION 4. Resolution Number 10341 (2012 Series) is hereby amended and
superseded to the extent inconsistent herewith.
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 passed and adopted this 2"d day of October 2012.
May J Marx
ATTEST:
Av�ALL
w �
Ma e Ker&y Grine
City Clerk
APPROVED TO FO
aChri in ietrick
C' Attorney
RESOLUTION NO. 10399 (2012 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A PARKING
FINE AMOUNT FOR MUNICIPAL CODE CHAPTER 10.34 (OVERNIGHT CAMPING
PROHIBITED ON CITY STREETS AND CITY OWNED PARKING); AND
SUPERSEDING INCONSISTENT FINES IN PRIOR RESOLUTIONS
WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish
the amount of parking penalties, fees, and surcharges; and
WHEREAS, State law authorizes the City to recover administrative fees, parking
penalties, fees and collection costs related to civil debt collection, late payment penalties, and
other related charges; and
WHEREAS, the City wishes to provide secure and user friendly parking for all users of
City streets and City owned parking areas; and
WHEREAS, the parking program needs to continue to be self-sufficient for its financial
commitments; and
WHEREAS, on September 18, 2012, the Council of San Luis Obispo held a public
hearing to establish section 10.34 of the San Luis Obispo Municipal Code, prohibiting overnight
camping on City streets and City owned parking areas from 10:00 pm to 6:00 am.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective October 26, 2012, parking fines shall be modified as set forth in
Exhibit A hereto to add a penalty amount of one hundred dollars ($100) for violation of section
10.34.020 of the San Luis Obispo Municipal Code prohibiting the parking of a vehicle for
purposes of overnight camping on City Streets and City owned parking areas between the hours
of 10:00 p.m. to 6:00 p.m.
R 10399
Resolution No. 10399 (2012 Series)
Page 2
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter and
on the following roll call vote:
AYES: Council Members Ashbaugh and Carter, and Mayor Marx
NOES: Council Member Smith and Vice Mayor Carpenter
ABSENT: None
The foregoing resolution was adopted this 2nd day of October 2012.
i L
NIAyar Jan Marx
.ATTEST
Mae •-Kpnn& Grime
City Clerk
APPROVED AS TO FO
Chris ne Dietric
Ci ttorney
EXHIBIT A
CITY OF SAN LUIS OBISPO PENALTY SCHEDULE
EFFECTIVE DATE: 10/26/2012
CODE&SECTION DESCRIPTION PENALTY
SLMC 10.12.050 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER 93
SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 58
SLMC 10.14.090 UNAUTHORIZED PAINTING ON CURBS 58
SLMC'10:34AZ OVERNIGHT-CAMPING(10pm`'-6 am)_"„ 100
SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED 33
SLMC 10.36.030 STOP/STAND/PARK IN VIOLATION OF CHAPTER 33
SLMC 10.36.040 NO PARKING ZONE-PROHIBITED PARKING-Also Taxi Zone(d) 53
SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 23
SLMC 10.36.070 REPAIRING OR GREASING VEHICLE ON PUBLIC STREET 23
SLMC 10.36.080 WASHING OR POLISHING VEHICLES 23
SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS 23
SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS 23
SLMC 10.36.110 PARKING ON GRADES 23
SLMC 10.36.120 UNLAWFUL PARKING-PEDDLERS,VENDORS 23
SLMC 10.36.130 EMERGENCY PARKING SIGNS 23
SLMC 10.36.140 LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION 23
SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES 23
SLMC 10.36.160 NIGHTTIME PARKING OF VEH W/OPERATING AIR/REFRIGERATION 23
SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PARKING AREA 38
SLMC 10.36.230 PERMITS-DISPLAY OF PERMITS 28
SLMC 10.36.235 NO PERMIT LOT 33
SLMC 10.40.010 TIMED PARKING 10 MINUTES TO 10 HOURS(Overtime Parking) 38
SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED 28
SLMC 10.40.040 PARKING PARALLEL ON ONE-WAY STREETS 21
SLMC 10.40.050 DIAGONAL PARKING 21
SLMC 10.40.060 PARKING SPACE MARKINGS 33
SLMC 10.40.070 NO STOPPING ZONE 21
SLMC 10.40.080 ALL NIGHT PARKING PROHIBITED(3-5am) 38
SLMC 10.44.020 CURB MARKING TO INDICATE NO STOPPING/PARKING REGS. 23
SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE 53
SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD/UNLOAD IN WHITE ZONE 33
SLMC 10.44.050 STANDING IN ANY ALLEY 33
SLMC 10.44.070 HANDICAPPED PARKING 288
SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 58
SLMC 10.48.020 ADVERTISING VEHICLES 33
SLMC 10.48.030 ANIMAL DRAWN VEHICLES 33
SLMC 10.48.040 TRUCK ROUTES 88
SLMC 10.48.050 COMM.VEHICLES PROHIBITED FROM USING CERTAIN STREETS 88
SLMC 10.48.060 MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS 88
SLMC 10.52.040 PARKING METERS-OPERATIONAL PROCEDURES 23
SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 33
SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT 15
SLMC 10.52.070 IMPROPER USE OF METER 15
SLMC 10.52.080 PARKING METERS/STANDARDS-PROPER USE 15
SLMC 10.52.110 MOTORCYCLE SPACES 15
CVC 5204(a)' CURRENT TAB IMPROPERLY ATTACHED '114
CVC 21113(a) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-MOVING 116
CVC 21113(b) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-PARKING 33
CVC 21113(c) DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS 33
CVC 22500.1 STOPPING/STANDING/PARKING: FIRE LANE 116
Page I
CITY OF SAN LUIS OBISPO PENALTY SCHEDULE
EFFECTIVE DATE: 10/26/2012
CODE&SECTION DESCRIPTION PENALTY
CVC 22500(a) STOPPING/STANDING/PARKING: WITHIN INTERSECTION 33
CVC 22500(b) STOPPING/STANDING/PARKING: ON A CROSSWALK 33
CVC 22500(c) STOPPING/STANDING/PARKING: BETWEEN SAFETY ZONE 33
CVC 22500(d) STOPPING/STANDING/PARKING: W/IN 15' FIREHOUSE ENTRANCE 33
CVC 22500(e) STOPPING/STANDING/PARKING: PUBLIC/PRIVATE DRIVEWAY 33
CVC 22500(f) STOPPING/STANDING/PARKING: ON SIDEWALK 33
CVC 22500(8) STOPPING/STANDING/PARKING: ALONG/OPPOSITE OBSTRUCT 33
CVC 22500(h) STOPPING/STANDING/PARKING: ON ROADWAY SIDE OF VEHICLE 33
CVC 22500(1) IMPROPER PARKING IN BUS ZONE 263
CVC 225000) STOPPING/STANDING/PARKING: IN TUBE OR TUNNEL 33
CVC 22500(k) STOPPING/STANDING/PARKING: UPON BRIDGE EXCEPTAUTH 33
CVC 22500(1) IMPROPER PARKING IN WHEELCHAIR ACCESS 263
CVC 22502(a) CURB PARKING 33
CVC 22502(b) PARKING OPPOSITE DIRECTION OF TRAFFIC 33
CVC 22502(c) CURB PARKING-WHEELS MORE THAN 18 INCHES FROM CURB 33
CVC 22504(a) UNINCORPORATED AREA PARKING 33
CVC 22505(a) PARKING ON STATE HIGHWAY WHERE SIGN POSTED 33
CVC 22505(b) POSTED NO PARKING-STATE HIGHWAY 33
CVC 22507 UNLAWFUL PARKING 33
CVC 22507.8(a) PARKING IN SPACE FOR HANDICAPPED 288
CVC 22507.8(b) PARKING IN SPACE FOR HANDICAPPED-OBSTRUCT/BLOCK 288
CVC 22507.8(c)(1) PARKING IN SPACE FOR HANDICAPPED-ON LINES MARKED 288
CVC 22507.8(c)(2) PARKING IN SPACE FOR HANDICAPPED-PARKING LOT 288
CVC 22510 PARKING IN SNOW REMOVAL AREAS 33
CVC 22511.7 HANDICAP ZONE 288
CVC 22512 VEHICLE UNATTENDED 116
CVC 22513 TOW CARS-PARKING ON FREEWAY 33
CVC 22514 FIRE HYDRANTS 63
CVC 22515(a) UNATTENDED VEHICLES-SET BRAKES/STOP MOTOR 33
CVC 22515(b) UNATTENDED VEHICLES-SET BRAKES/WHEELS/PREVENT MOVE 33
CVC 22516 LOCKED VEHICLE 116
CVC 22517 OPENING AND CLOSING DOORS 116
CVC 22520.5 VENDING ON FREEWAY RIGHT-OF-WAY 116
CVC 22520.5(a) VENDING ON FREEWAY RIGHT-OF-WAY 116
CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS 33
CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS 288
CVC 22523(a) VEHICLE ABANDONMENT-On Highway 283
CVC 22523(b) VEHICLE ABANDONMENT 283
CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 116
CVC 22651(b) VEHICLE PARKED/LEFT STANDING TO OBSTRUCT TRAFFIC . 116
CVC 40225' PROCESSING OTHER VIOLATIONS '10
CVC 40226• FAILURE TO DISPLAY DISABLED PLACARD-ADMINISTRATIVE FEE *25
LATE PAYMENT PENALTY 30
" Fine or fee amounts are set by the Uniform Bail&Penalty Schedule or by specific CVC section
All other fine amounts set by City Council pursuant to CVC 40203.5
Page 2
RESOLUTION NO. 10400 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION
TO CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT,TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENT
FOR THE DISTRICT, AND TO SET A DATE FOR THE PUBLIC HEARING ON THE
DISTRICT AND THE ASSESSMENT FOR 2012-13
WHEREAS the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts
for several purposes, one of which is promotion of tourism; and
WHEREAS the lodging businesses within the proposed City of San Luis Obispo
Tourism Business Improvement District had requested the City of San Luis Obispo establish
such a self-assessment improvement district in 2008; and
WHEREAS the San Luis Obispo Tourism Business Improvement District was
established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS the assessment went into effect on October 1, 2008; and
WHEREAS the City Council appointed an advisory board to provide oversight,
guidance, and recommendations regarding the use of the assessment funds; and
WHEREAS the City Municipal Code and the Parking and Business Improvement Law
require the advisory board to prepare and submit an annual report stating proposed changes,
improvements and activities for the fiscal year•, and
WHEREAS this report was filed and approved by the City Council on October 2, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a) The San Luis Obispo City Council proposes to continue the established Tourism Business
Improvement District in the City of San Luis Obispo in accordance with City Municipal
Code Chapter 12.42 and the California Streets and Highways Code, sections 36500 et
seq. (Parking and Business Improvement Law of 1989).
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer a marketing program that
increases overnight hotel stays pursuant to the set goals.
c) The assessment will be levied and allocated by the City of San Luis Obispo.
d) The assessment is proposed to be levied on all "hotels," as that term is defined in San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any
R 10400
Resolution No. 10400 (2012 Series)
Page 2
structure, which is occupied or intended or designed for occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed location,
or other similar structure or portion thereof.
e) The assessment shall be based on two percent (2%) of gross room rent.
0 New hotels shall not be exempt from immediate assessment.
g) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the
Parking and Business Improvement Law of 1989, section 36535 of the Streets and
Highways Code, is to allow for comments on the District and proposed assessment, and is
hereby set for 6 P.M., Tuesday, October 16, 2012, before the City Council of San Luis
Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo, California.
h) At the public hearing, the testimony of all interested persons for or against the
continuation of the District, the boundaries of the District, or the furnishing of specified
types of improvements or activities will be heard.
i) Any protest against the continuation of the City of San Luis Obispo Tourism Business
Improvement District and the levying of the assessment, or any aspect thereof, may be
made in writing. A protest may be withdrawn at any time before the conclusion of the
public hearing. Any written protest shall contain a description of the business in which
the person signing the protest is not shown on the official records of the City of San Luis
Obispo as the owner of the business, then the protest shall contain or be accompanied by
written evidence that the person is the owner of the authorized representative of the
business. Any protest as to the regularity or evidence of the proceedings shall be in
writing and clearly state the irregularity or defect to the City of San Luis Obispo at 990
Palm Street, San Luis Obispo, CA 93401.
j) If, at the conclusion of the public hearing, there are of record, written protests by the
owners of businesses within the proposed San Luis Obispo Tourism Business
Improvement District that will pay fifty percent (50%) or more of the total assessments of
the entire San Luis Obispo Tourism Business Improvement District, no further
proceedings to continue the San Luis Obispo Tourism Business Improvement District
shall occur. New proceedings to form the San Luis Obispo Tourism Business
Improvement District shall not be undertaken again for a period of at least one (1) year
from the date of the finding. If the majority of written protests are only as to an
improvement or activity proposed, then that type of improvement or activity shall not be
included in the San Luis Obispo Tourism Improvement District.
BE IT THEREFORE RESOLVED, the City Clerk is instructed to provide notice as
required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement
Law of 1989, section 36534, subpart (7) of the Streets and Highways Code, to wit: the City Clerk
shall give notice of the public hearing by causing the resolution of intention to be published once
Resolution No. 10400 (2012 Series)
Page 3
in a newspaper of general circulation in the City no less than seven days before the public
hearing.
Upon motion of Council Member Carpenter, 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 2"d day of October 2012.
Mayor Marx
ATTEST: .
Qeve�'
Maeve'K6n6y Grim
City Clerk
APPROVED AS TO FORM:
I
C ' tine Dietrick
ty Attorney
RESOLUTION NO. 10401 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
EXTENDING THE SUSPENSION OF ENFORCEMENT OF THE REQUIREMENTS OF
SAN LUIS OBISPO MUNICIPAL CODE SECTIONS 17.16.015 AND 9.18
FOR A PORTION OF 43 PRADO ROAD
WHEREAS, on March 20, 2012, the City Council of the City of San Luis Obispo
temporarily suspended enforcement of the requirements of San Luis Obispo Municipal Code
Section 17.16.015 (Recreational vehicle as dwelling unit) and authorized Community Action
Partnership of San Luis Obispo County, Inc. (CAPSLO) to operate a safe shelter pilot program to
allow overnight sleeping in vehicles at the Prado Day Center at 43 Prado Road; and
WHEREAS, on June 22, 2012, CAPSLO implemented a six month safe parking pilot
program for up to five vehicles at the Prado Day Center at 43 Prado Road;and
WHEREAS, on July 3, 2012, the City received a ruling Superior Court issued a ruling
granting a motion for preliminary injunction against the City's enforcement of San Luis Obispo
Municipal Code (SLMC) Section 17.16.015 to prohibit the use of vehicles as living and sleeping
quarters on local streets; and
WHEREAS, on July 10, 2012, the City Council of the City of San Luis Obispo adopted
an emergency ordinance declaring and reaffirming the scope and intended enforcement of the
City's ordinance prohibiting the use of vehicles as living and sleeping quarters throughout the
City of San Luis Obispo and added Chapter 9.18 (Recreational vehicle as dwelling unit) of the
San Luis Obispo Municipal Code in order to ensure enforceability of vehicular occupancy
prohibitions on public streets; and
WHEREAS, on July 17, 2012, the City Council of the City of San Luis Obispo
temporarily suspended enforcement of the requirements of San Luis Obispo Municipal Code
Section 9.18 (Recreational vehicle as dwelling unit) to allow the safe shelter pilot program to
continue consistent with Council's previous approval; and
WHEREAS, there is a growing community need for programs providing safe
accommodations for individuals and families utilizing vehicles for temporary shelter in order to
facilitate the transition to permanent housing; and
WHEREAS, CAPSLO has requested that the safe shelter pilot program be extended an
additional six months at 43 Prado Road; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
R 10401
Council Resolution No. 10401 (2012 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
I. Extending the safe shelter pilot program for an additional six months will advance a key
component of the goal to provide a form of transitional housing consistent with the San
Luis Obispo Countywide 10-year Plan to End Homelessness.
2. There is a growing community need for programs providing safe accommodations for
individuals and families utilizing vehicles for temporary shelter in order to facilitate the
transition to permanent housing.
3. A safe shelter pilot program within the parking area for the Prado Day Center, as show
on Exhibit A, is a logical addition to the homeless services currently provided and
managed by CAPSLO.
SECTION 2. Suspension of Municipal Code Enforcement. In order to allow the
continued operation of the pilot program, the City Council hereby suspends enforcement of
Sections 17.16.015 & 9.18 (until repealed) of the City of San Luis Obispo Municipal Code
prohibiting the use of recreational vehicles as a dwelling unit as those sections would otherwise
apply to the City property located at 43 Prado Road, as shown in Exhibit A. Enforcement of
Sections 17.16.015 & 9.18 on this property shall be suspended only for such time period as the
pilot program is authorized by the City to operate and enforcement shall resume at such time as
the pilot program is terminated. All conditions established by Council Resolution No. 10342
(2012 Series) shall remain in full force and effect.
SECTION 3. City Manager Authority. The City Manager is authorized to act on behalf
of the City in executing any necessary agreements or other related actions to extend the safe
shelter pilot program for an additional six months at the Prado Day Center.
Upon motion of Council Member Ashbaugh, 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
Council Resolution No. 10401 (2012 Series)
Page 3
The foregoing resolution was passed and adopted this 2nd day of October, 2012.
L
Mayor Marx
ATTEST:
Maeve ed_y Gr' s
City"Clerk
APPROVED AS TO FO
ChOtine Dietrick
i Attorney
Council Resolution No. 10401 (2012 Series)
Page 4
Exhibit A
7Y
7
Pilot Program
location . \- `
,�`
Prado Day Center
i Building .
t � ��ts•, � _ �o
� z
`o r .
L
v l•.b � � 3 � 4 �/
ppY t .S
U
1 L'.
,�r•(Z� iu , :
JULIE RODEWALD Ac
San Luis Obispo County—Clerk/Recorder 11/09120121
Recorded at the request of 1:50 PM
Public
Recording requested by
and when recorded mail to: D 0 C#: 2012065501 Titles: 1 Pages: 5
Fees 0.00
9City Clerk Taxes 0.60
90 Palm Street I IIII II IIII IIII II II II II I III Others 0.00
San Luis Obispo, CA 93401 PAID $0.00
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.
RECEIVED
DEC 0 7 2011; RESOLUTION NO. 10402 (2012 Series)
SLO CITY CLERK A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
VACATING A PORTION OF THE FREDERICK AVENUE
AND HUMBERT AVENUE RIGHTS-OF-WAY
WHEREAS, the Planning Commission, as required by Section 65402 of the California
Government Code, made certain findings that the location, purpose, and extent of the proposed
abandonment (vacation) of a portion of Frederick Avenue and Humbert Avenue is in
conformance with the adopted General Plan, as prescribed in Planning Commission Resolution
No. 5517-09; and
WHEREAS, the portions of Frederick Avenue and Humbert Avenue proposed for
vacation have been impassable for vehicular travel for at least five consecutive years and no public
money was expended for maintenance on the streets during such period; and
WHEREAS, adjoining properties remain accessible by other existing public streets-, and
WHEREAS, all existing public utilities within the proposed streets to be vacated have
been relocated and new easements will be dedicated; and
WHEREAS, the proposed vacation meets the requirements of a summary vacation per
Section 8331 of the Streets and Highways Code; and
WHEREAS, the summary vacation procedure permits vacation of a street without public
notice or hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
R 10402
Resolution No. 10402 (2012 Series)
Page 2
SECTION 1. That portion of Frederick Avenue in the City of San Luis Obispo, County
of San Luis Obispo, State of California, as shown on the map for the Imperial Addition as
recorded in Book A of Maps at Page 128 in the Office of the County Recorder of said County,
described as follows and as shown on Exhibit A, attached hereto and incorporated herein, is not
necessary for present or future public street purposes:
A 60' right-of-way extending from the southerly right-of-way line of Francis
Avenue in a southerly direction to the northerly line of the previous Frederick
Avenue abandonment described in 263 OR 33 on file in the office of the County
Recorder of said County.
SECTION 2. That portion of Humbert Avenue in the City of San Luis Obispo, County
of San Luis Obispo, State of California, as shown on the map for the Imperial Addition as
recorded in Book A of Maps at Page 128 in the Office of the County Recorder of said County,
described as follows and as shown on Exhibit A, attached hereto and incorporated herein, is not
necessary for present or future public street purposes:
A 60' right-of-way extending from the prolongation of the westerly line of Lot 9,
Block 14 of said Imperial Addition in an easterly direction to the westerly right-
of-way line of Frederick Avenue.
SECTION 3. The vacation of said rights-of-way is made pursuant to Section 8335 of the
California Streets and Highways Code.
SECTION 4. From and after the date this resolution is recorded, said portions of
Frederick Avenue and Humbert Avenue rights-of-way no longer constitute a street.
SECTION 5. The Housing Authority of the City of San Luis Obispo shall dedicate the
necessary rights-of-way for the Humbert Avenue and Francis Avenue cul-de-sacs. Said offers of
dedication shall record concurrently with this resolution.
SECTION 6. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in Section 5 have been met, the City Clerk shall cause a certified copy
of this Resolution of Vacation, duly attested under the seal of the City, to be recorded in the
Office of the San Luis Obispo County Recorder.
SECTION 7. The Mayor and City staff are authorized to take action necessary to carry
out the intent of 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
Resolution No. 10402(2012 Series)
Page 3
The foregoing resolution was adopted this 16th day of October 2012.
May r Jn Marx
ATTEST:
Q.Gu2_ CRS
Ma ve Kerqdy Gri
City Clerk
APPROVED AS TO FO
C ine Dietrick
Attorney
/, �� � � ,�. . •. Jam, ..
f o
0 -
10 D
8 1- Fr ci ��
Portion of Frederick Avg,
to be abandoned
�. . 8 O. H um rt
851"Humbert
\ r
Portionbf Humbert Avenue
t&,'be :abandoned
`e -GP
*--iwd6jiln,6nf-a'•R4dORs orFrkl��Ick`AVt• `siu4:Hum*i Av ue
CERTIFICATION
I, Maeve Kennedy Grimes, City Clerk, do hereby certify that the foregoing
is a true and correct copy of Resolution No. 10402 (2012 Series), adopted by the
San Luis Obispo City Council on October 16, 2012.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATED:
Maeve Kenn y Gri s ', r `;
City Clerk
END OF DOCUMENT
RESOLUTION NO. 10403 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
APPROVING A REAL PROPERTY EXCHANGE AGREEMENT AND AN
ENVIRONMENTAL INDEMNITY AGREEMENT WITH THE
HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO (HASLO)
WHEREAS, The City of San Luis Obispo is a charter city as defined in the California
Constitution article XI, section 5 and may transfer real property as provided by City Charter
Section 906; and
WHEREAS, the City Council made certain findings concerning the disposition of
surplus property (a portion of Assessor's Parcel No. 004-951-009), as prescribed in Resolution
No. 10066 (2009 Series); and
WHEREAS, the City no longer has need for the surplus property, and the disposition of
the surplus property to facilitate an affordable housing development is consistent with the
policies of the Land Use and Housing Elements of the General Plan; and
WHEREAS, the surplus government land is being made available for the purpose of
providing affordable housing pursuant to Section 54220 of the California Government Code; and
WHEREAS, in exchange for acquisition of the surplus property, HASLO has agreed to
dedicate easements for a future cul-de-sac at the terminus of Francis Avenue and for a future
pedestrian crossing over the railroad tracks; and
WHEREAS, the Parties recognize that there is a risk that the City property being
transferred herein is impacted by underground soil contamination resulting from past, present, and
future railroad operations; and
WHEREAS, the City wishes to be released from any claims, liabilities and obligations
associated with the physical or environmental condition of the surplus property; and
WHEREAS, HASLO agrees to accept all risks, liabilities and obligations arising from or
relating to the physical and environmental condition of the surplus property.
NOW,THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Real Property Exchange Agreement is hereby approved.
SECTION 2. The Environmental Indemnity Agreement is hereby approved.
SECTION 3. The City Council hereby authorizes the City Manager to execute said
agreements on behalf of the Council of the City of San Luis Obispo.
R 10403
Resolution No. 10403 (2012 Series)
Page 2
SECTION 4. The City Council hereby authorizes the Mayor and City staff to take action
necessary to carry out the intent of 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 16th day of October 2012.
Ma}� r an Marx
ATTEST: (/
LV4— c y0
Mae e Ker&y Grime
City Clerk
APPROVED AS TO FO
C i tine Dietrick
Attorney
RESOLUTION NO. 10404 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2977 UNIT 1
(851 HUMBERT,TR 27-06)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 2977, as prescribed in Resolution No. 10066 (2009 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received or will be received prior to map
recordation, as prescribed in the Subdivision Agreement; and
WHEREAS, all conditions required per said Resolution No. 10066 (2009 Series)
applicable to Tract 2977 Unit 1 have been met prior to final recordation of the map.
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract No. 2977 Unit 1, as shown on the attached Exhibit
"A", is found to be in substantial compliance with the tentative map.
SECTION 2. The Subdivision Agreement for Tract No. 2977 Unit 1 as shown on the
attached Exhibit`B" is hereby approved.
SECTION 3. Approval of the final map for Tract 2977 Unit 1 is hereby granted.
SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out
the intent of 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
and Mayor Marx
NOES: None
ABSENT: None
R 10404
Resolution No. 10404 (2012 Series)
Page 2
The foregoing resolution was adopted this 160 day of October 2012.
Ma or Marx
ATTEST:
L4L4,-(�-
Maev'e,Ken&dy
Grim
City Clerk
APPROVED AS TO FORM:
J. tine bietrick
City Attorney
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Exhibit
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this day of 201_ by and
between MOYLAN TERRACE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
herein referred to as "Subdivider," and the CITY OF SAN LUIS.OBISPO, herein referred to
as the"City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2977 Unit 1, City of San Luis
Obispo, California, as approved by the City Council on the ►(a day of Oc1-016CR
201 Z .
The Subdivider desires that said Tract 2977 Unit 1 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
i
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
1
i
EXhiibit
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
5. DRAINAGE STRUCTURES
6. STREET LIGHTS
7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
8. ANY &ALL OTHER IMPROVEMENTS shown on plans or required by project
approvals.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said worts is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
2
Exhibit 11
81
8
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of$3,387,491,which
exceeds the estimated cost of said improvements because the Subdivider required its
contractor to provide a surety to Subdivider in that amount, and the City was named a dual
obligee on said surety. The estimated costs of said improvements for Tract 2977 Unit 1 is
$1,457,400.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
3
i
..............
Exhibit
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
"AS-BUILT" record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of$3,387,491,which exceeds the 50% to 100% range required by the City's
Municipal Code for the estimated cost of said improvements because the Subdivider
required its contractor to provide a surety to Subdivider in that amount, and the City was
named a dual obligee on said surety.
4
E Iibi9 11819
Said Subdivider shall pay an inspection fee for City to inspect the installation of said
subdivision improvements, and to verify that they have been completed in accordance with
the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City as a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
Subdivider under this agreement.
Pursuant to Government Code Section 66474.9(b), the subdivider shall defend,
i
indemnify and hold harmless the City and/or its agents, officers and employees from any
claim, action or proceeding against the City and/or its agents, officers or employees to
attack, set aside, void or annul, the approval by the City of this subdivision, and all actions
relating thereto, including but not limited to environmental review ("Indemnified Claims").
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
i
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
I
unit prices and total bid prices for all of the improvements herein referred to.
s
i
5
I
i
I
t llblf 11811
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
r
G
MAYOR U Jan Marx
SUBDIVIDER
Moylan Terrace, LLC,
a Californialimited liability company
By: Housing Authority of the Cityof San Luis Obispo,
a publicagency corporate and politic, Manager
By: D e Booker, Chairman of the Board
i
.ATTEST:
�-eo
-CI CL Ma a Kennedy Grimes
APPROVED AS Tg FORM:
/0'
CITY ATT EY Christinerick
6
I
i
_.. ........ .... ...........
Exhibit II 1@
EXHIBIT l
TRACT 2977 UNIT 1
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of$3,300 to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter
from the Engineer indicating that they have completed the work and have been paid.
2. Park-in-lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department per the fee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee.schedule in effect at that time..
5. The subdivider shall comply with all requirements of Council Resolution No. 10066
(2009 Series)approving the tentative map.
i
i
i
{
i
i
7
Exhibit
EXHIBIT 2
TRACT 2977 UNIT 1 -FEE AND BOND LIST
Amount Form Date Received
Bonds and Guararaees:
Total Faithful Performance $3,387,491 Dual Obligee Rider on 10/05/11
bond
Laboi&Materials $3,387,491 Dual Obligee Rider on 10/05/1 I
bond
Momrment Guarantee $3,300 CD 10/5/12
Fees:
Map Check Deposit $7,335 Check 0520/10
Partial Payment $934 Check 03/31/11
Remaining Payment am Check 10/5/12
Total Map Check Fee $9,847
Plan Check Fee S4961 Check 03/31/11
rovement Plan Inspection Deposit $3;308 Check 03/31/11
Remaining Payment $90.71 Check 10105/11
Total Inspection Fee $94,018
Fair Share Traffic Mitigation Amount $5,836 Check 10/5/12
Park In-Lieu Fee' $22,095 Check 10/5/12
Water Impact Fee To be collected
with building
permit
Wastewater Impact Fee' To be collected
with building
twit
Transportation Impact Fee' To be collected
with building
permit
1
i
All Impact Fees are adjusted annually(July 1)based on CPI. Credit given for demolished units and affordable housing units that
exceed requirements.
8
RESOLUTION NO. 10405 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE PROCUREMENT OF FUEL USING "OVER-THE-COUNTER"
PURCHASING PROCEDURES
WHEREAS, the City purchases over $430,800 of fuel annually through the Fleet
Maintenance operating program; and
WHEREAS, the cost per fuel delivery regularly exceeds the $7;500 department
purchasing limit as prescribed by the City's Financial Management Manual; and
WHEREAS,the price per gallon for unleaded and diesel fuel fluctuates hourly; and
WHEREAS, the delivery and use of fuel is essential to operating the City's fleet,
equipment, emergency generators and fire apparatus; and
WHEREAS, the cost of fuel deliveries from a prescribed vendor is invariably more
expensive than seeking the lowest daily cost per qualified vendor; and
WHEREAS, open-market purchasing procedures requiring written price quotations and
purchase orders — as described in Section 295 of the City's Financial Management Manual —
serves to delay the purchasing process and does not guarantee the best available pricing for fuel;
and
WHEREAS, the Council approves the annual budget appropriations for fuel purchases
and a modification of the City's purchasing policy does not supersede those approved limits.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That Public Works Department be authorized to purchase fuel using "over
the counter" purchasing procedures as described in Section 3.24.080 of the San Luis Obispo
Municipal Code within the approved annual budgets for fuel.
R 10405
Resolution No. 10405 (2012 Series)
Page 2
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 16th day of October 2012.
(a
Mayor&Marx
ATTEST:
maeKen6gAy Grimad
City Clerk
APPROVED AS TO FO
J hristine Dietrick
City Attorney
RESOLUTION NO. 10406 (2012 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE BASIS FOR
AND THE LEVY OF THE ASSESSMENT FOR THE SAN LUIS OBISPO
TOURISM BUSINESS IMPROVEMENT DISTRICT AND AFFIRMING
THE ESTABLISHMENT OF THE DISTRICT
WHEREAS,the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts
for several-purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo
Tourism Business Improvement District had requested the City of San Luis Obispo establish
such a self-assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was
established in July 2008, and the San Luis Obispo Tourism Business Improvement District law
was incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the City Council appointed an advisory board to carry out the functions
specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and
recommendations regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District law and the
Parking and Business Improvement Law of 1989 requires the advisory body to prepare and
submit an annual report stating proposed changes, improvements and activities for the fiscal
year; and
WHEREAS, such report was filed and approved by the City Council on October 2, 2012;
and
WHEREAS, on October 2, 2012 the City Council adopted Resolution No. 10400 (2012
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement
District in 2012-13; and
WHEREAS,the City Council held a duly noticed Public Hearing on October 16, 2012 to
allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in
the district which pay fifty percent or more of the assessment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a. The establishment of Tourism Business Improvement District in the City of San Luis
Obispo in accordance with the San Luis Obispo Tourism Business Improvement District
law, San Luis Obispo Municipal Code Chapter 12.42, and the California Streets and
R 10406
Resolution No. 10406 (2012 Series)
Page 2
Highways Code, section 36500 et seq. (Parking and Business Improvement Law of 1989) is
affirmed.
b. The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs that
increase overnight lodging.
C. The assessment shall be levied and allocated by the City of San Luis Obispo.
d. The assessment shall to be levied on all "hotels", as that term is defined in San Luis
Obispo Municipal Code .section 3.04.020, to wit: any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients for
dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house,
motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house,
dormitory, public or private club, mobile home or house trailer at a fixed location, or other
similar structure or portion thereof.
e. The assessment shall be based on two percent (2%) of gross room rent.
f. New hotels shall not be exempt from immediate assessment.
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 16'' day of October 2012.
C%
-
May J Marx
ATTEST:
Qe
Mae Kenne Grime
City Clerk
AP ROV TO F
istine Dietrick
City Attorney
RESOLUTION NO. 10407(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 POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF
JANUARY 1,2012 THROUGH DECEMBER 31,2015
WHEREAS, representatives of the San Luis Obispo Police Officers' Association met
multiple times with City representatives to identify sustainable reductions in total compensation
costs; and
WHEREAS, this agreement achieves Council's labor relations objectives to reduce total
compensation costs and implement sustainable pension cost containment and reductions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Officers' Association, attached hereto as Exhibit "A" and incorporated
herein by this reference, is hereby adopted and ratified.
SECTION 2. The Director of Finance and Information Technology shall adjust the
appropriate accounts to reflect the compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Matt Blackstone, San Luis Obispo Police
Officers' Association and Monica Irons, Director of Human Resources.
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 10407
Resolution No. 10407 (2012 Series)
Page 2
The foregoing resolution was adopted this 16'hday of October, 2012.
Mayor an arx
ATTEST:-
*MaKe y Gris
City Clerk
APPROVED AS TO FO
C me Dietrick
Ci Attomey
D
EXHIBIT A
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
POLICE OFFICERS' ASSOCIATION
January 1, 2012 — December 31, 2015
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San tuis OBI SPO
TABLE OF CONTENTS
Article No. Title Page No.
1 Preamble............................................................................ 1
2 Recognition ........................................................................2
3 Check Off/Dues Deduction ................................................3
4 Employee Rights................................................................4
5 Management Rights...........................................................5
6 Representative Role...........................................................6
7 Salary .................................................................................8
8 Master Police Officer Program......................................... 13
9 Bilingual Pay..................................................................... 15
10 Overtime - Sworn ............................................................. 16
11 Overtime— Non-Sworn .................................................... 19
12 Work Out-Of-Grade..........................................................22
13 Standby— Sworn and Non-Sworn ...................................23
14 Education Incentive..........................................................24
15 Uniform Allowance ...........................................................26
16 Health Care Insurance.....................................................27
17 Retirement........................................................................31
18 Seniority............................................................................32
19 Holidays............................................................................33
20 Vacation............................................................................35
21 Sick Leave........................................................................36
22 Family Leave....................................................................37
23 Bereavement Leave.........................................................39
24 Catastrophic Leave ..........................................................40
25 Workers' Compensation Leave........................................42
26 Jury Duty and Military Leaves..........................................43
27 General Provisions...........................................................44
Article No. Title Page No.
28 Residency Requirements.................................................45
29 Promotional Policy............................................................46
30 Performance Evaluations.................................................51
31 Grievance Procedure.......................................................53
32 Layoffs..............................................................................56
33 Work Actions....................................................................58
34 Communication Process..................................................59
35 Notice to the Association..................................................60
36 Equipment........................................................................61
37 Temporary Modified Duty.................................................63
38 Work Schedules...............................................................64
39 SWAT...............................................................................71
40 Traumatic Incidents..........................................................72
41 No Discrimination .............................................................73
42 Staffing .............................................................................74
43 Full Agreement.................................................................75
44 Savings Clause ................................................................76
45 Renegotiations .................................................................77
46 Term of Agreement..........................................................78
Appendix "A" - Classification............................................79
Appendix"B"—Grievance Forms ....................................80
u
ARTICLE 1
PREAMBLE
1.1 This Agreement is effective the 1 st day of January, 2012, by and between the City of San
Luis Obispo, hereinafter referred to as City, and the San Luis Obispo Police Officers'
Association. The provisions of this Agreement shall apply to all unit members employed
on January 1, 2012, or thereafter.
1.2 The purpose of this Agreement is to promote the improvement of personnel management
and employer/employee relations, provide an equitable and peaceful procedure for the
resolution of differences and establish rates of pay and other terms and conditions of
employment.
1.3 The City and the Police Officers' Association agree that all employees of the City share in
the important responsibility of providing superior service to the public and that every job
and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for any
provision in Resolution No. 6620 (1989 Series) unless so stipulated to by provision(s)
contained herein and agreed to.
1
ARTICLE 2
RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining
representative for purposes of representing regular and probationary employees, occupying the
position classifications set forth in Appendix A, in the Police Unit with respect to their
compensation, hours and other terms and conditions of employment for the duration of the
Agreement.
2
ARTICLE 3
CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the Association
treasurer, which dues shall not include assessments.
3.2 Dues deduction, additions, and/or deletions shall be recorded by the City's Finance &
Information Technology Director or designee and a notification of all dues transactions
shall be sent monthly to the Association President.
3.3 The Association shall hold the City harmless from any and all claims, and will indemnify
it against any unusual costs in implementing these provisions.
3.4 The Association shall refund to the City any amount paid to the Association in error,
upon presentation of supporting evidence.
3
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer-employee relations including, but not limited to, wages, hours and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against because of the exercise
of these rights.
4
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of government operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of the job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the
technology for performing its work.
The City's exercise of its rights under this section is subject to applicable State law..
5
ARTICLE 6
REPRESENTATIVE ROLE
As established by Article 43 of this Agreement, in the event any new practice or subject matter
within the scope of representation arises during the term of this Agreement and an action
concerning that practice or subject matter is proposed by the City, the Association will be
afforded notice and shall have the right to meet and confer upon request. In this event, as well as
for renegotiations under Article 45 of this Agreement, members of the Association may, by a
reasonable method, select not more than five (5) employee members to meet and confer with the
Municipal Employee Relations Officer and other management officials (after written
certification of such selection is provided by the Association). Such meet and confer sessions
under both Article 43 and Article 45 of this Agreement shall be considered hours of work for the
designated Association representatives. The Association shall, whenever practicable, submit the
name(s) of each employee representative to the Municipal Employee Relations Officer at least
two working days in advance of such meetings.
Provided further:
(A) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management official. 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 250 hours per year (inclusive of any
carryover time) of vacation time, holiday time, and compensatory time off to an
Association "time bank" under the following guidelines:
During the first full pay period of July each calendar year, the POA President
shall determine the number of hours remaining in the Association time bank.
That number shall be subtracted from the maximum number of time bank hours of
6
250 hours. The difference between the actual number of hours and the 250 hour
maximum will be divided by the number of POA represented employees. Each
represented employee shall then contribute an equal number of leave hours to be
debited by the City to maintain the 250 hours time bank. Employees shall have
the option to designate vacation, holiday or CTO leave time.
1. Only Association officers or bargaining team members may draw from the
bank.
2. Requests to use time from the bank must be made reasonably in advance
of the use. Approval is subject to the operational necessity of the
department and normal time off approval processes.
7
ARTICLE 7
SALARY
7.1 Rules Governing Step Increases
The following rules shall govern step increases for employees:
A. 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 City Manager may authorize hiring at any step.
B. 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 twelve
months satisfactory service upon recommendation by the Police Chief and the
approval of the Human Resources Director.
C. The third, fourth & fifth 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 and subsequent steps after completion
of twelve months service at the prior step, provided the advancement is
recommended by the Police Chief and approved by the Human Resources
Director.
D. The sixth step is to be awarded only in case of work which is well above average
for the class. An employee may be advanced to the sixth step after completion of
one year of service at the fifth step, provided the advancement is recommended by
the Police Chief and approved by the Human Resources Director.
E The seventh and eighth steps are intended as a reward for performance sustained
above satisfactory. An employee may be advanced to the seventh or eighth step
after completion of one year at the prior step, provided the advancement is
recommended by the Police Chief and approved by the Human Resources
Director.
8
F. Progression to Master Police Officer, step 9, will occur when the employee has
satisfied the requirements in Article 8.4.
G. The Police Chief shall be authorized to reevaluate employees who reach top step
in their pay range. An employee who is not performing up to standard for the top
step shall be notified in writing that the Police Chief intends to reduce him/her
one step unless job performance improves significantly within a 60-day period.
Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall.then become effective. The top step may
be reinstated at any time upon recommendation of the Police Chief. If the Police
Chief deems it necessary to again remove the top step during the same fiscal year,
he/she may make the change at any time with three business days' advanced
written notice.
H. Effective January 2013 In order to implement immediate prospective cost savings
to the City for the hiring of new employees, two additional full salary steps will
be added at the bottom of the salary tables for all classifications. The addition of
two new salary steps will yield a 10.52% reduction in salary with a corresponding
reduction in salary related employee costs for all employees hired after this
agreement is ratified and adopted by City Council.
The salary range for Police Officer consists of nine steps (1 through 9). Steps 1
through 9 equal 95% of the next highest step, computed to the nearest $1.00. The
salary range for Communications Technician, Evidence Technician, Field
Services Technician, Property and Evidence Clerk, Police Records Clerk and
Police Cadet consists of seven steps (I through 7). Steps 1 through 7 equal 95%of
the next highest step, computed to the nearest $1.00
Employees hired before January 1, 2013 will be assigned to the corresponding
step in the new pay scale that is two steps higher than in the pre-January 2013
salary schedule. No increase or decrease in compensation will result from this
9
transition to the new salary schedule. For example, a step 7 police officer will
now reflect step 9 and a step 5 Communications Technician will reflect step 7.
Each across-the-board % salary increase shall raise each step of the range by the %.
Step 7 of each successive salary range will be 2.63% above step 7 of the next lower
range. After all steps of each salary range have been established, each shall be rounded
off to the nearest $1.00. Employees who are eligible for advancement to top step must
receive a "Meets Performance Standards" or better on the overall rating on their most
recent Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
Employees who are eligible for advancement to step 6 or 7 must receive a "Meets
Performance Standards" or better on the overall rating on their most recent Performance
Appraisal prior to or coincident with their being eligible for advancement by time in
grade.
7.2 Salary Increases for Term of Agreement
In response to the City's request to contain labor costs, the Association agrees to
effectively freeze any COLA increase during the term of this agreement; there
shall be no cost of living (COLA) increases for the term of this agreement. This
agreement memorializes two (2) previous years of a 0% COLA for calendar years
2010 and 2011 and four (4.0) additional years of a 0% COLA during the term of
this agreement.
Salary increases will be effective on the first day of the first full pay period
following the dates listed below:
• January 1, 2012 0% Sworn Classifications (Police Officer)
• January 1, 2012 0% Non-Sworn Classifications
• January 1, 2013 0% Sworn Classifications (Police Officer)
• January 1, 2013 0% Non-Sworn Classifications
• January 1, 2014 0% Sworn Classifications (Police Officer)
• January 1, 2014 0% Non-Sworn Classifications
10
• January 1, 2015 0% Sworn Classifications (Police Officer)
• January 1,2015 0% Non-Sworn Classifications
Salary Concession for Term of Agreement:
The parties agree to salary reductions as set forth below to be effective on the first
day of the first full payroll period in the month and year listed below, for all
employees in the bargaining unit classifications.
• January 2013 2.0% Salary Reduction Sworn and Non-Sworn
Classifications
• July 2014 2.0% Salary Reduction Sworn and Non-Sworn
Classifications
7.3 Salary Range Listing - January 2012 Through December 2015
January 2012
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly BLWeekly Si-Weekly Bi-Weekly BMeekly
700 Records Clerk I 3,907 4,113 4,329 4,557 4,797
1,803 1,898 1,998 2,103 2,214
704 Records perk II 4,331 4,559 4,799 5,051 5,317
1,999 2,104 2,215 2,331 2,454
705 Police Cadet 4,816 5,070 5,336 5,617 5,913
2,223 2,340 2,463 2,593 2,729
707 Field Service 5,084 5,352 5,634 5,930 6,242
Technician 2,347 2,470 2,600 2,737 2,881
707 Property& 5,084 5,352 5,634 5,930 6,242
Evidence Clk 2,347 2,470 2,600 2,737 2,881
708 Conrunications 5,211 5,486 5,774 6,078 6,398
Technician 1 2,405 2,532 2,665 2,805 2,953
720 Evidence 6,957 7,323 7,708 8,114 8,541
Technician 3,211 3,380 3,558 3,745 3,942
750 Police Ofter 6,285 6,616 6,964 7,330 7,716 8,122 8,550
2,901 3,053 3,214 3,383 3,561 3,749 3,946
11
January 2013 2%, Decrease all classifications
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Manthy/ Monthly/ Monthly/ Monthly/
Range Title Bi-Weekly BI-Weekly BI-Weekly Bi-Weekly Bi-Weekly Bi-Weekly BI-Weekly 8i-Weekly Bi-Weekly
700 Records perk 1 3,456 3,638 3,830 4,031 4,243 4,467 4,702
1,595 1,679 1,767 1,861 1,958 2,062 2,170
704 Records perk II 3,830 4,032 4,244 4,468 4,703 4,950 5,211
1,768 1,861 1,959 2,062 2,171 2,285 2,405
705 Police Cadet 4,259 4,483 4,719 4,967 5,229 5,504 5,794
1,966 2,069 2,178 2,293 2,413 2,540 2,674
707 Field Service 4,496 4,733 4,982 5,244 5,520 5,811 6,117
Technician 2,075 2,184 2,299 2,420 2,548 2,682 2,823
707 Property& 4,496 4,733 4,982 5,244 5,520 5,811 6,117
Evidence Clk 2,075 2,184 2,299 2,420 2,548 2,682 2,823
708 Cormunications 4,609 4,852 5,107 5,376 5,659 5,957 6,270
Technician 1 2,127 2,239 2,357 2,481 2,612 2,749 2,894
720 Evidence 6,153 6,476 6,817 7,176 7,554 7,951 8,370
Technician 2,840 2,989 3,146 3,312 3,486 3,670 3,863
750 Police OMcer 5,558 5,851 6,159 6,483 6,824 7,184 7,562 7,960 8,379
2,565 2,700 2,843 2,992 3,150 3,315 3,490 3,674 3,867
July 2014 2% Decrease all classifications
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthy/ .Monthly/
Range Tale Bi-Weekly BI-Weekly Bi-Weekly BI-Weekly BI-Weekly Bi-Weekly BI-Weekly BI-Weekty Bi-Weeky
700 Records perk 1 3,388 3,566 3,754 3,951 4,159 4,378 4,609
1,564 1,646 1,732 1,824 1,920 2,021 2,127
704 Records Clerk 11 3,754 3,952 4,160 4,378 4,609 4,851 5,107
1,733 1,824 1,920 2,021 2,127 2239 2,357
705 Police Cadet 4,174 4,394 4,625 4,869 5,125 5,395 5,679
1,927 2,028 2,135 2,247 2,365 2,490 2,621
707 Field service 4,407 4,639 4,883 5,140 5,411 5,695 5,995
Technician 2,034 2,141 2254 2,372 2,497 2,629 2,767
707 Property& 4,407 4,639 4,883 5,140 5,411 5,695 5,995
Evidence Ok 2,034 2,141 2,254 2,372 2,497 2,629 2,767
708 Communications 4,517 4,755 5,005 5,268 5,546 5,837 6,145
Technician 1 2,085 2,194 2,310 2,432 2,559 2,694 2,836
720 Evidence 6,030 6,347 6,681 7,033 7,403 7,793 8,203
Technician 2,783 2,930 3,084 3,246 3,417 3,597 3,786
750 Police Officer 5,448 5,735 6,036 6,354 6,688 7,040 7,411 7,801 8212
2,514 2,647 2,786 2,933 3,087 3,249 3,420 3,601 3,790
12
ARTICLE 8
MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
Field Training Officer 3 years
S.E.T. 3 years
Traffic Officer 3 years
Investigator 4 years
Narcotics Task Force Investigator 4 years(effective January 1,2006)
SRO 3 years
Crime Scene Investigator 3 years
Defensive Tactics Instructor* 3 years(effective January 1,2007)
Hostage Negotiator* 3 years(effective January 1, 2007)
Range Master 4 years**
Downtown Officer 3 years**
Swat Team Operator* 3 years
Bomb Technician* 3 years
* Non-mandatory Rotational position.
** Early opt out allowed after two years with full credit towards MPO status.
8.2 To be eligible for compensation under this program, an employee must receive and
maintain at least a "Meets Performance Standards" rating on their evaluation.
8.3 Compensation under this program shall in no case exceed one step on the salary range.
8.4 Master Police Officer
Eligibility requirements for the position of Master Police Officer are as follows
effective January 1, 2006:
13
1. One full year at Step 8 of the salary range.
2. Must have obtained an advanced POST Certificate
3. Must have successfully completed two specialty assignments and two years in a
third specialty assignment. Assignments may be completed in any order. Lateral
Officers having completed two comparable specialty assignments at their prior
agency shall receive credit for a third specialty assignment. The comparability of
specialty assignments shall be determined by the Police Chief in his/her
discretion. The Chief may require an employee seeking credit for prior agency
specialty assignment credit to submit satisfactory proof of successful performance
in such assignments.
4. Reassignment, with a break in service, to the same assignment will be credited as
a third assignment. To be credited for the purposes of compensation, an officer
shall be required to complete the terms of any specialty assignment unless early
departure for good cause is/was authorized by the Chief of Police. Departure for
any other reason will forfeit MPO compensation at the time of departure.
5. The Department may, at any time, temporarily remove an employee from a
specialty assignment to meet operational needs. If the cumulative total time of
removal from the assignment prior to the employee's scheduled rotation date
exceeds 90 days, the employee shall have the option of extending the rotation date
by the total time of removal or accepting that amount of time as credit towards
completion of the specialty assignment.
6. Qualified Master Police Officers will be permitted to wear a two-stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as determined
by Department uniform policy.
7. Compensation: Police Officer Step 9.
8. The employee is responsible for requesting advancement to Master Police Officer.
The Department will, once annually, remind employees to make such requests.
Retroactive payments will not be made if the employee fails to make a timely
request.
14
15
ARTICLE 9
BILINGUAL PAY
9.1 Employees certified as bilingual in Spanish through a testing process administered by the
City Human Resources Department shall receive a bilingual payment of $50 per pay
period. Additional languages may be approved by the City based upon demonstrated
need. Regardless of certification, all employees shall use any language skills they
possess to the best of their ability.
16
ARTICLE 10
OVERTIME - SWORN
10.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the employee's
28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off
shall be considered hours worked when computing overtime.
10.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime pay.
10.3 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off compensated at time
and one half. However, no employee shall accumulate and have current credit for
more than 100 hours of compensatory time off.
B. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
coverage (except when scheduled in conjunction with approved vacation during
the annual vacation sign-ups).
10.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
10.5 CALLBACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated
17
emergency call-backs (criminal investigations, emergency evacuations, natural disasters;
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
10.6 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to a
maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be subject
to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to appear,
s/he shall be eligible for the minimum payment in this Section.
10.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
10.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one half
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat$36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
C Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
18
■ Lunch - $15.00
■ Commuter Lunch - $8.00
a Dinner- $25.00
• Mileage at the prescribed IRS mileage reimbursement rate.
10.9 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms shall be
guaranteed three hours at time and one-half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice handgun ammunition each month upon request. Employees may only
receive the current month's handgun allocation.
10.10 OVERTIME ASSIGNMENT
A. The Department, prior to each shift rotation, will post an overtime interest list.
Planned overtime will be called from this list in order of seniority. Employees
may add and/or delete their names from this list at any time.
B. An officer may decline a non-emergency overtime shift if s/he has worked .an
overtime shift of at least eight hours in the last fourteen days. If no volunteers are
available from the list, the Watch Commander may then move up to the next least
senior officer on that shift for mandatory overtime.
19
ARTICLE 11
OVERTIME -NON-SWORN
11.1 DEFINITION
Overtime is defined as all hours worked in excess of 80 hours worked in a pay period.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours
worked when computing overtime.
11.2 ELIGIBILITY
All non-sworn employees covered by this Agreement shall be eligible for overtime pay.
11.3 COMPENSATION
Overtime shall, at the employee's option, be compensated in cash at time and one half the
employee's regular rate of pay or in time off compensated at time and one half.
Maximum accrual of compensatory time shall 240 hours for all non-sworn classifications.
11.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
11.5 CALLBACK
Employees called back to work at hours not contiguous to their normally scheduled shift
shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated
emergency call-backs (criminal investigations, emergency evacuations, natural disasters,
civil unrest, SWAT, etc.) will include a total 30 minutes for travel time.
20
11.6 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to appear,
s/he shall be eligible for the minimum payment in this Section.
11.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
11.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one-half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
• Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
■ Lunch - $15.00
■ Commuter Lunch - $8.00
■ Dinner- $25.00
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■ Mileage at the prescribed IRS mileage reimbursement rate.
11.9 OVERTIME ASSIGNMENT
A. The Department, prior to each shift rotation, will post an overtime interest list.
Planned overtime will be called from this last in order of seniority. Employees
may add and/or delete their names from this list at any time.
11.10 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms, shall be
guaranteed three hours at time and one-half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice handgun ammunition each month upon request. Employees may only
receive the current month's handgun allocation.
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ARTICLE 12
WORK OUT-OF-GRADE
Employees temporarily assigned to work in a higher classification shall receive one step (5.26%)
additional pay but in no case more than the top step for the higher classification under the
following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive work
hours, in which case the step increase becomes effective on the first workday.
B. The person being temporarily replaced is on extended sick or disability leave or
the position is vacant and an examination is pending.
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ARTICLE 13
STANDBY - SWORN AND NON-SWORN
13.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the department to:
1) be ready to respond immediately to a call for service; 2) be readily available at all
hours by telephone or other agreed upon communication equipment; and 3) refrain from
activities which might impair his/her assigned duties upon call.
The parties agree that employees on standby, as defined above, are "waiting to be
engaged." The parties further agree there is no intent to waive any individual rights
under FLSA.
13.2 COMPENSATION
Hourly Standby
A. Personnel placed on standby shall be compensated one-hour's pay for each five
hours standby.
B. Such employees shall be paid a minimum of three hours straight time when on
standby. Each calendar day starts a new standby period.
Investieator/Bomb Technician Weekly Standby
A. Investigators/Bomb Technicians placed on standby shall be compensated $30 per
day Monday through Friday, and $35 per day for other days of standby and
holidays.
B. Standby shall be rotated among the assigned investigators. Normally, the standby
assignment shall be for a period of one week.
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ARTICLE 14
EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for sworn and non-sworn
personnel for the tern of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year after
employment with the City of San Luis Obispo, but credit will be given for approved
education obtained prior to that time. The basic benefit will consist of an adjustment
equal to one-half step above the base salary for possession of an Intermediate POST
certificate, A.A. or equivalent degree from an accredited community or junior college, or
60 or more semester units, or a City-approved equivalent; an adjustment equal to one full
step for an Advanced POST certificate, B.A. or equivalent degree from an accredited
college or university.
B. JOB RELATED FIELDS. Degrees must be either indirectly job related fields or include
at least 30 semester, or City-approved equivalent, units of job related coursework in the
case of an A.A. degree and at least 60 semester, or City-approved equivalent, units in the
case of a B.A. Should an employee qualify for the one-half step basic benefit by having
completed 60 or more semester units or City-approved equivalent, at least 30 of those
units must be in job related coursework. All qualifying coursework must be graded at
"C" or Pass or better. It is understood that general education courses required for a
degree are compensable under this section.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by
the employee to the Chief of Police at least 30 days before the date the payment of the
incentive pay is to be effective. Approval of the Chief of Police and the Director of
Human Resources shall be required.
D. UNSATISFACTORY PERFORMANCE. To be eligible for compensation under this
program, an employee must receive and maintain at least a "Meets Performance
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Standards" rating on their annual evaluation. The Chief of Police, with the concurrence
of the City Manager, may suspend payment of the incentive pay or Step 7 of the salary
range, but not both, until such time as the employee's performance comes up to the
standard level, in the opinion of the Chief of Police and in concurrence of the City
Manager.
E. NON-APPLICABILITY. Educational incentives shall generally not be paid for
education on City time. However, if the City sends an employee for training on City time
and college-level credits are earned during that training, those credits shall count toward
education incentive. The education incentive will be removed if the employee is
promoted to a position that does not entitle employees to such incentives.
F. ADDITIONAL PROVISIONS.
1. The basic benefit for non-sworn employees hired prior to January I, 2008, shall be a
five percent step increase for a period of one fiscal year if during the previous fiscal
year the employee has successfully completed —i.e., grades of "C" or better in all
courses — a minimum of nine semester units of college level classroom work, or
City-approved equivalent, approved by the Chief of Police, provided that this benefit
shall be payable only for classroom work done after completion of the probationary
period.
2. The maximum benefit under this article is the equivalent to the one-step increase for
possession of one B.A. or equivalent degree (5.26%).
3. Sworn and non-sworn employees are eligible to participate in the Tuition
Reimbursement program as set forth in City Policy.
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ARTICLE 15
UNIFORM ALLOWANCE
15.1 Each employee required to wear a uniform is expected to purchase and maintain in good
repair all required uniform pieces.
15.2 The uniform allowance shall be $1,000 per year, with $500 issued to the employee with
the first payroll period in June and $500 issued to the employee with the first payroll
period in December. Effective January 2013 following the uniform allowance payment
that will occur the first payroll period in December 2012, the $1,000 per unit member
uniform allowance provision in its entirety shall be eliminated. New employees hired
prior to December 1, 2012 will receive a prorated amount.
15.3 Effective January 1, 2013, all represented employees shall no longer be eligible for
uniform allowance without regard to duty status interruption if in paid status, including
4850 Pay. Uniform allowance shall be reported to Ca1PERS as special compensation.
Uniform allowance will not be pro-rated upon separation from employment.
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ARTICLE 16
HEALTH CARE INSURANCE
16.1 CONTRIBUTION
The City shall contribute the monthly amounts as set forth below for Cafeteria Plan
benefits for each regular, full time employee covered by this agreement. Less than full-
time employees shall receive a prorated share of the City's contribution.
Employee Only $533.00
Employees Plus One $968.00
Family $1,277.00
The Cafeteria Plan amount is inclusive of mandatory dental, vision, and life coverage.
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).
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall receive a contribution as
described in Section 16.2.B below.
16.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program (Public
Employees' Medical and Hospital Care Act [PEMHCA]) with the "unequal
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contribution option" at the PERS minimum contribution rates, $112.00 per month
for active employees and $106.40 for retirees as of January 1, 2012. The City's
contribution toward retirees shall be increased by 5% per year of the City's
contribution for the active employees multiplied by the number of years the City
has been in the PEMHCA program until such time as the contributions for
employees and retirees are equal. The City's contribution will come out of that
amount the City currently contributes to employees as part of the Cafeteria Plan.
The cost of the City's participation in PERS will not require the City to expend
additional funds toward health insurance beyond what is already provided. In
summary, this cost and any increases will be borne by the employees.
B. Health Insurance Coverage Optional Participation
Effective December 2012 (for the January 2013 premium) 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 Cafeteria Plan
employee only contribution per month (after dental, vision, and life insurance is
deducted) in cash in accordance with the City's Cafeteria Plan.
C. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at
the employee only rate. Should they elect to cover dependents in the City's dental
and vision plans, they may do so, even if they do not have dependent coverage
under PERS.
D. Long Term Disability Insurance(LTD)
Sworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for premium payments. Non-sworn employees
continue to be covered under the City's Long Term Disability Insurance Program.
E. Life Insurance
Employees shall pay for life insurance coverage of Thirty-five Thousand Dollars
($35,000) through the cafeteria plan.
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16.3 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non-voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's flexible benefits plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
B. Miscellaneous
I. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of meet
and confer requirements between the City and the Association, including
Resolution 6620.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and confer
in good faith.
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4. In performing its duties, the Medical Plan Review Committee may consult
independent outside experts. The City shall pay any fees incurred for this
consultation, provided that the City has approved the consultation and fees
in advance.
16.4 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of health, dental and vision benefits
for one (1) year for the surviving family of an active employee who dies as a result of a
job-related illness or injury.
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ARTICLE 17
RETIREMENT
17.1 A. The City agrees to provide the Public Employees' Retirement System's (PERS)
3% at age 50 plan to all sworn personnel and 2.7% at age 55 for all non-sworn personnel
hired before December 6, 2012. The 3% at age 50 plan includes the following
amendments, namely, Post Retirement Survivor Allowance, the 4`h level 1959 Survivor's
Benefit, military service credit, one-year final compensation, conversion of unused sick
leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2
Death Benefit. The 2.7% at 55 plan has the following amendments, the 4`h level 1959
Survivor's Benefit, one year final compensation, military service credit, conversion of
unused sick leave credit to additional retirement credit, and Pre-Retirement Optional
Settlement 2 Death Benefit.
B. Effective December 6, 2012, or as soon as administratively possible subject to
CalPERS regulations and State Law, the City agrees to provide the Public Employee's
Retirement System's, 2% @ 50 Full Formula for Local Safety Members using the
average of the three highest years as final compensation for all new hired sworn
personnel. The 2% @ 50 plan includes the following amendments, namely, Post
Retirement Survivor Allowance, the 4`h level 1959 Survivors' Benefit, military service
credit, conversion of unused sick leave credit to additional retirement credit, and Pre
Retirement Optional Settlement 2 Death Benefit.
C. Effective December 6, 2012, or as soon as administratively possible subject to
Ca1PERS regulations and State Law, the City agrees to provide the Public Employees'
Retirement System's, 2.0% @ 60 Full Formula for Local Miscellaneous Members with
the average of three (3) years compensation for all new hired non-sworn employees'
including the amendments permitting conversion of unused sick leave to additional
retirement credit, the 1959 survivor's benefit (4`h level), the Military Service Credit
option, and the Pre-Retirement Option 2 Death Benefit.
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17.2 A. Effective January 1, 2000, the City discontinued paying the sworn employees'
share of the PERS Contribution (9%) and the non-sworn employees' share of the PERS
Contribution (8%). The 9% and the 8% were added to the employees' base salaries and
reported as compensation to PERS. The employee pays to PERS their contribution; as
allowed under Internal Revenue Code Section 414 (h) (2) the contribution is made on a
pre-tax basis.
B. Effective the first full pay period January 2014, and in accordance to the provisions of
AB 340 § 7522.30 and §20516, all sworn employees shall contribute 3.0% of salary
directed to the employers' normal pension cost in addition to the employee paying the
employees' 9% of salary as described in paragraph A above; as allowed under the
Internal Revenue Code § 414 (h) (2) the contribution is made on a pre-tax basis. All
swom employees total pension contributions shall be capped at 12.0%of salary.
C. Effective the first full pay period January 2014, and in accordance to the provisions of
AB 340 § 7522.30 and § 20516, all non-sworn employees shall contribute 3.0% of salary
directed to the employers' normal pension cost in addition to the employee paying the
employees' 8% of salary as described in paragraph A above; as allowed under the
Internal Revenue Code § 414 (h) (2) the contribution is made on a pre-tax basis. All non-
sworn employees total pension contributions shall be capped at 11.0%of salary.
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ARTICLE 18
SENIORITY
18.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications
Technician, Field Service Technician, Evidence Technician, Police Records Clerk, etc.)
will prevail as the standard. All days off, vacation, holidays, and shift selections will be
determined by overall seniority in a specific job classification, in compliance with
department policy. The department will continue to designate the shifts to be available;
including the days off and shifts starting and stopping times. Employees will choose
from those shifts designated by the department as available.
18.2 Seniority as it applies to special assignments for the officers will also fall under this
standard regardless of seniority in the special assignment. This shall include all current
incumbents in specialty assignments as outlined in Article 8.
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ARTICLE 19
HOLIDAYS
19.1 For all employees, holiday leave shall be accrued as earned each payroll period at a rate
of eight hours per month. The following thirteen days of each year are designated
holidays for non-shift employees:
January 1 —New Year's Day
Third Monday in January—Martin Luther King's Birthday
Third Monday in February—Presidents' Day
Last Monday in May—Memorial Day
July 4—Independence Day
First Monday in September—Labor Day
September 9—California Admission Day
Second Monday in October—Columbus Day
November 11—Veteran's Day
Fourth Thursday in November—Thanksgiving Day
Friday after Thanksgiving Day
December 25 —Christmas
One-half day before Christmas
One-half day before New Year's
19.2 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.
19.3 Except with the prior approval of the Chief, non-shift personnel shall take the holidays as
scheduled above.
19.4 Each employee shall earn 4.33 hours of holiday leave semi-monthly, in lieu of fixed
holidays. Such employees shall receive payment at straight time hourly rate for a portion
of their earned holiday leave (2.0 hours) each bi-weekly payroll period.
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19.5 The remainder of the employee's annual holiday leave (52 hours) shall be advanced to
the employee effective the first payroll period in January of each year. Such holiday
leave may be taken off by the employee with the approval of the Police Chief or his
designee.
19.6 Each calendar quarter, an employee has the option of receiving payment for one-fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate. If an employee terminates for any reason, having
taken off hours in excess of his/her prorated share, the value of the overage will be
deducted from the employee's final paycheck.
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ARTICLE 20
VACATION
20.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per year
of continuous service since the benefit date for the first five years, 120 hours per year
upon completion of five years, 144 hours per year upon completion of 10 years, and 160
hours upon completion of 20 years.
20.2 All employees may accrue a maximum of vacation time not to exceed twice their annual
rate.
20.3 Vacation Sellback
All employees in this unit are eligible, once annually in December, to request payment
for up to 80 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory. Payment for unused vacation
leave is subject to the availability of budgeted funds.
20.4 Patrol Vacation Assignment
The master vacation schedule shall provide that two officers per watch shall be allowed
to sign up for priority vacation. Officers shall only be required to sign up for regular
workdays.
Two additional officers (a total of four) shall be allowed to sign up on the master vacation
schedule. The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate up to a maximum total of two officers per day per shift
vacation leave.
Subject to the limitations above, after the posting of shifts/days off for each shift rotation,
employees shall be allowed to request, by seniority, for additional available vacation
days.
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ARTICLE 21
SICK LEAVE
21.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
21.2 Upon termination of employment by death or retirement, a percentage of the dollar value
of the employee's accumulated sick leave will be paid to the employee, or the designated
beneficiary or beneficiaries, according to the following schedule:
A. Death—50%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment—20%
2. After twenty-five years of continuous employment—25%
3. After thirty years of continuous employment—30%
C. Job related disability retirement and actual commencement of PERS benefits —
75%with maximum of 1,000 hours payoff.
D. Sick leave cannot be used to postpone the effective date of an industrial disability
retirement. This provision is intended to reiterate past practice and to exercise the
employer's rights under Government Code, Section 21163.
E. Employee use of sick leave shall be deemed confidential and not subject to
reporting in monthly or annual personnel evaluations without proof of abuse.
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ARTICLE 22
FAMILY LEAVE
22.1 An employee may take up to 48 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.
22.2 An employee may take up to 48 hours of sick leave per year if the family member is a
part of the employee's household.
22.3 If the family member is a child, a parent spouse or domestic partner, an employee may
use up to forty-eight (48) hours annually to tend to the illness of a child, parent, spouse or
domestic partner, instead of the annual maximums set forth in paragraphs 22.1 and 22.2
in accordance with Labor Code Section 233.
22.4 An employee may take up to 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.
22.5 The amounts shown above are annual maximums, not maximums per qualifying family
member. A member of the employee's immediate family shall mean spouse, domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, grandchild or any other relative living in the same household.
22.6 In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1280 hours in the last year may be eligible for up to 12 weeks
of Family/Medical Leave within any 12 month period. Family/Medical leave can be used
for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
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C. Placement of an employee's child for adoption or foster care.
D. A serious health condition, which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four-
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time off and holiday leave and, if appropriate, sick leave prior to receiving
unpaid Family/Medical Leave.
22.7 Employees on Family/Medical Leave will continue to receive the City's contribution
towards 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. The City will pay only City group health insurance premiums.
22.8 If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leave are available through the City's "Guide
to Family/Medical Leave Program".
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ARTICLE 23
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used for absence from duty due to the death of a
member of the employee's immediate family, meaning spouse, child, brother, sister, parent,
parent-in-law, step-parent, step-brother, step-sister, grandparent, grandchild, or any other relative
living in the same household, provided such leave as defined in this Article shall not exceed 40
hours for each incident. The employee may be required to submit proof of relative's death before
being granted sick leave pay. False information given concerning the death of relationship shall
be cause for discharge.
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ARTICLE 24
CATASTROPHIC LEAVE
24.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be transferred from one or more
employees (donors) to another employee(recipient). The recipient may participate in the
program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirmed by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 23, has
sustained a life threatening or debilitating illness, injury or condition (The Chief
may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted ali paid leave; or, in the case of illness of or injury to
a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days and
have applied for a leave of absence without pay for medical reasons. This
condition does not apply when the illness or injury involves a member of the
recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
24.2 Transferring Time
The following rules apply when donations of time occur:
A. Vacation, compensatory time off, and holiday leave may be transferred by regular
employees.
B. The time will be converted from the type of leave given (i.e. vacation, holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited to
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the recipient's leave time balance on an hour-for-hour basis and shall be paid at
the rate of pay of the receiving employee.
C. The donations must be a minimum of four hours and, thereafter, in whole hour
increments.
D. The total leave credits received by the employee shall normally not exceed three
months; however, if approved by the Chief, the total leave credits received may
be up to a maximum of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to the
limits of this policy (see D. above), even though such use exceeds the limits for
family care leave found in Article 22.
F. Donations approved shall be made on a Donation of Time Credits form signed by
the donating employee. These donations are irrevocable under any conditions.
24.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he/she may appeal
this initial decision jointly to the Director of Human Resources and the City Manager.
Article 31—Grievance Procedure shall be used for final resolution.
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ARTICLE 25
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State
Workers' Compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his base salary and the amount provided by Workers'
Compensation law during the first 90 business days of such disability absence.
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ARTICLE 26
JURY DUTY AND MILITARY LEAVES
26.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the court
by an amount equal to the difference between the pay he/she received as a juror and
his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee shall be spent
performing the employee's regular job assignments unless the department head, upon
approval of the Director of Human Resources, determines this not to be practical.
26.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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ARTICLE 27
GENERAL PROVISIONS
27.1 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.
27.2 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review of
compensation shall be:
• Gilroy
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
Parties agree that this survey shall be based on total compensation and shall only be one
of the considerations used to determine compensation.
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ARTICLE 28
RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a one and one-half(1 %z) hour driving radius from
the San Luis Obispo Police Department.
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ARTICLE 29
PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
1. Job Announcement. When the Police Department notifies the Department of Human
Resources of a Sergeant position vacancy, the Department of Human Resources will
publish a job announcement. The job announcement will identify the selection
procedure, which includes the application process, test components with their weights
expressed as a percentage of the total score, and tentative dates of the testing schedule.
Whenever available,the City will identify study materials at least 60 days in advance of a
test.
2. Application Process. A completed City application must be received in the Department
of Human Resources by the filing deadline. The filing deadline will be at least 30 days
from the date the job announcement is released by the Department of Human Resources.
3. Testing Components.
A. Written Test: The written test will count as 20%of the final score.
1. A standardized Police Sergeants multiple-choice test as provided by a
testing service, such as Cooperative Personnel Services (CPS) or
International Personnel Management Association (IPMA). If available,
the City will provide a list of suggested study materials.
2. A score of 70% or better on the written test will enable a candidate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
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4. The Chief or his/her designee will review the test before it is given to
ensure that the exam contains material relevant to a supervisory position in
San Luis Obispo.
B. Assessment Center will count as 60%of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of these
exercises will be a traditional oral board interview. Other exercises may
include a situational role-playing, oral resume, simulation exercises; and a
supplemental questionnaire to assess written communication, critical
thinking, problem solving and leadership skills, or other testing
instruments as determined by the Human Resource Director in
consultation with the Police Chief. The Human Resources Director shall
determine the weight of each Assessment Center activity. In no case shall
the oral interview count less than 60% of the total Assessment Center
score.
2. The evaluators will be members of the law enforcement community.
Selection of the evaluators will be made by the Human Resources Director
in consultation with the Chief of Police. The Human Resources Director
or his/her designee from the HR Department will be responsible for
instructing the raters on how to conduct interviews and the scope of the
interviews.
3. A Police Department observer as appointed by the Chief of Police and an
Association observer as appointed by the Association may monitor the
Assessment Center. The Association observer must be a neutral, non-unit
member not a part of, nor directly impacted by the testing process. Both
observers shall be subject to approval by the Human Resources Director.
The Chief of Police or his/her designee will provide the evaluators and
observers with information about the qualifications desired for the position
being tested.
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4. At the conclusion of the testing process, each candidate will be asked to
complete an anonymous evaluation of the testing procedure. This will be
used to make improvements on the process. The evaluation will not be
used in determining the final outcome of the testing process.
C. Staff Evaluation will count as 20% of the total score. In addition to this review,
the Chief shall review the candidate's personnel files prior to making an
appointment. The staff evaluation will not be provided to the oral panel.
1. Past and present day performance is a significant factor, which should be
considered when determining a candidate's promotability.
2. Each candidate who passes the written test will be evaluated by all sworn
members of the Department with the rank of sergeant or lieutenant,
excluding the Captains and the Chief of Police.
3. Subject to the approval of the Police Chief, if a supervisor feels he or she
is unable to conduct an impartial evaluation due to unfamiliarity with a
given applicant, he or she may opt not to evaluate the candidate but will be
required to document the lack of familiarity on the evaluation form.
4. Staff evaluators will be able to review the three (3) most current
performance evaluations and documentation from the last 24 months of
counseling sessions.
5. Staff evaluations are to be in writing on a form developed by the Director
of Human Resources and signed by the evaluator.
6. Each applicant's evaluation forms shall be available for review by the
applicant. The applicant shall not have access to the other applicants'
evaluation forms.
7. Final scores will be tabulated by the Department of Human Resources.
Prior to the score tabulation, applicants will have the opportunity to
request in writing that the Department of Human Resources correct any
factual errors contained in the applicant's staff evaluation.
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D. Peer evaluation is not compulsory, is only advisory to the Chief of Police and
does not count toward the final score.
1. Peer evaluation is limited to those candidates who pass the Assessment
Center.
2. All regular Department employees below the rank of Sergeant may
complete a peer evaluation on a form developed by the Director of Human
Resources.
3. Participants must verify their eligibility to participate in the peer review
process.
4. The results of the peer evaluation will be tabulated by the Department of
Human Resources. All forms will be anonymously forwarded to the Chief
of Police.
5. The tabulated results of the peer evaluation for each individual candidate
shall be released to the individual candidate upon request of the Human
Resources Director after the eligibility list has been certified.
4. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources
shall tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given his/her score in writing. Candidates who are ranked 1 through
3 (plus one for each additional vacancy if there is more than one vacant position)
will be considered equally qualified for promotion and eligible for appointment
by the Police Chief.
C. Final selection by the Police Chief will be in accordance with the City's Personnel
Rules and Regulations following a discussion of the staff evaluations at the
Chiefs regularly scheduled staff meeting with sworn and non-sworn managers
and a final selection interview with the top three candidates (plus one for each
additional vacancy over one).
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D. The eligibility list shall be valid for one year unless extended, in accordance with
the City's Personnel Rules and Regulations.
E. Announcements for promotional opportunities for members of the Association
will list testing and scoring processes that will be followed. Once defined, testing
and scoring processes will not be modified.
If any of the top three candidates is not selected during the selection process, that
person will be given a written reason by the Police Chief as to why he/she was not
selected. The City agrees to an opener to discuss the promotional process if the
Police Chief goes below the top three (3) candidates in making his/her selection
on promotional exams two (2) or more times during the term of this contract.
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ARTICLE 30
PERFORMANCE EVALUATIONS
30.1 All regular full-time employees shall receive an annual written performance evaluation
from their supervisor within thirty (30) days of the employee's anniversary date absent
exceptional circumstances. All regular full-time employees shall also receive bi-monthly
written performance feedback from their supervisor.
30.2 For purposes of uniformity in the performance evaluation process, the following
definitions are provided:
UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the position.
Performance indicates serious lack of knowledge of basic skills or lack of application of
skills. Requires immediate attention and improvement.
IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the position.
Performance indicates some deficiency in basic skill, knowledge or application. Specific
efforts to improve desired.
MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected standards.
Performance indicates fully acceptable demonstration of knowledge and skills.
EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position. Performance indicates superior
knowledge and application of skills.
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OUTSTANDING
Exceptional performance. Application of knowledge, skills and results are consistently
well beyond the expected standard for position.
30.3 All regular full-time employees shall receive their annual step increase on the employee's
anniversary date regardless of whether the evaluation process has been completed, absent
exceptional circumstances.
30.4 Employees shall have the right to review their personnel file or authorize, in writing,
review by their representative. No adverse material will be placed in an employee's
personnel file without prior notice and a copy given to the employee. An employee shall
have 30 days within which to file a written response to any evaluation and/or adverse
comment entered in his/her personnel file. Such written response shall be attached to,
and shall accompany, the adverse comment.
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ARTICLE 31
GRIEVANCE PROCEDURE
31.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of the
Employer-Employee Resolution, the Personnel Rules and Regulations, this MOA or any
existing written policy or procedure relating to wages, hours or other terms and
conditions of employment excluding disciplinary matters. A grievance filed by an
individual employee should be clearly identified as a formal grievance. This will be
accomplished through the use of a formal grievance form (See Appendix B).
31.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should be filed
only after the employee has attempted to resolve the disagreement with his/her immediate
supervisor. As a courtesy, the employee should advise his/her supervisor of any intention
to file a formal grievance. This action must take place within 15 business days of the
occurrence of the grievance. Employees may be accompanied by a representative at each
step of the process. If a specific action to be grieved affects several employees, those
employees may consolidate their grievances and be represented.
31.3 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
should discuss the grievance with the supervisor's immediate superior. If the matter
can be resolved at that level to the satisfaction of the employee, the grievance shall be
considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in writing to
the Chief for consideration, stating the facts on which it was based, including the
provision of the rules, regulations, agreement, or written policy said to be violated,
and the proposed remedy. This action must take place within fifteen business days of
the occurrence of the grievance.
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31.4 After consideration of a formal grievance, which could include consultation and/or
further discussion, the Chief, within 15 business days of the filing of the formal
grievance, will provide a written response to the employee representatives advising of
his/her decision. If the employee accepts the Chiefs decision, the grievance shall be
considered terminated.
31.5 If the employee is dissatisfied with the Chiefs decision, the employee may immediately
submit the grievance in writing to the Human Resources Director within five business
days of receiving the Chiefs decision. The Human Resources Director shall confer with
the employee and the Chief and any other interested parties, and shall conduct such other
investigations as may be advisable.
31.6 The results or findings of such conferences and investigations shall be submitted to the
City Manager in writing within fifteen business days of receiving the employee's written
request. The City Manager will meet with the employee if the employee so desires
before rendering a decision with respect to the complaint. The City Manager's decision
shall be in writing and given to the employee within fifteen business days of receiving the
Human Resources Director's results and findings. Such decision shall be final unless the
employee requests an appeal of the decision.
31.7 Hearing Officer — A grievance is appealable, following several preliminary steps, to a
Hearing Officer whose decision shall be final and binding:
A. The employee will have five business days following receipt of the City
Manager's decision to submit a written request to the Human Resources Director
for review of the decision. The Human Resources Director will obtain a list of
five potential hearing officers from the State Mediation and Conciliation Service.
Then following a random determination of which party (City or appellant) begins,
parties shall alternately strike one name from the list until only one remains.
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B. Within thirty business days the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing officer
shall render a decision, which shall be final and binding.
C. Any dispute regarding the eligibility of an issue for the grievance process may be
appealed through the process ultimately to the Hearing Officer who shall decide
on the eligibility prior to ruling on the merits.
D. Any fees or expenses of the Hearing Officer shall be payable one-half by the City
and one-half by the appellant.
31.8 Provided that implementation processes are correctly followed, amending the Employer-
Employee Resolution or the Personnel Rules and Regulations or creating new or
amended written policies or procedures may not be grieved but shall first be subject to
notice and consultation or meeting and conferring with the Association as provided in
the Employer—Employee Relations Resolution, MOA Article 35 "Notice to the
Association", and/or by State Law.
31.9 Disciplinary matters are excluded in Section 31.1. The rules governing disciplinary
matters for employees covered by this MOA are contained in Sections 2.36.320 through
2.36.350 of the Personnel Rules and Regulations of the City of San Luis Obispo.
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ARTICLE 32
LAYOFFS
32.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
Cateizory 1:
Performance that is Unacceptable or Improvement Needed.
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 II:
Performance that Meets Performance Standards, Exceeds Performance Standards, or is
Outstanding.
Performance defined by this category is evidenced by an employee's two most recent
performance evaluations with an overall rating that falls within the top three performance
categories of the performance appraisal.
32.2 A regular employee being laid off shall be that employee with the least seniority in the
particular job classification concerned who is in the lowest job performance category.
Employees in Category I with the lowest seniority will be laid off first, followed by
employees in Category II. 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.
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32.3 The parties agree that employees who are laid off pursuant to this Article shall have
reemployment rights prior to the employment of individuals on an open or promotion list.
The employee to be rehired must, at the time of rehire, meet the minimum qualifications
as stated in the appropriate class specifications. Employees will be rehired on the basis of
last out, first in.
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ARTICLE 33
WORK ACTIONS
33.1 Participation by an employee in a strike or a concerted work stoppage is unlawful and
shall terminate the employment relation. Provided, however, that nothing herein shall be
so construed as to affect the right of any employee to abandon or to resign his
employment.
33.2 The Association shall not hinder, delay, interfere, or coerce employees of the City in their
peaceful performance of City-services by strike, concerted work stoppage, cessation of
work, slow-down, sit-down, stay-away, or unlawful picketing.
33.3 In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions,
may by the 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 Association.
33.4 Employee members of the Association 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.
33.5 Any decision made under the provisions of this 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 10 working days after the Association first
received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
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ARTICLE 34
COMMUNICATION PROCESS
34.1 Conferences
There will be meetings as needed between the Chief of Police and management
member(s) and at least two Association representatives to discuss problems or other
subjects of mutual interest. Minutes of the meeting will be maintained to reflect topics
discussed, actions to be taken, the party responsible for any action and the expected
completion date.
34.2 Quarterly Meetings
Two to four representatives of the Association, the City Manager (or designee), Chief of
Police (or designee), and management representative(s) designated by the City will meet
quarterly if there are issues of concern to the parties. No issues will be brought to this
quarterly meeting without first having been discussed with the Chief of Police at a
previous conference.
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ARTICLE 35
NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to meet
and confer with City representatives prior to making the change(s).
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ARTICLE 36
EQUIPMENT
A. The City agrees to provide each sworn employee of the Association a nylon basket weave
duty gun belt as their primary duty gun belt. Upon request, the City also agrees to
provide each sworn employee of the Association a smooth nylon utility belt and related
accessories. The smooth nylon utility belt will only be worn as directed by the Chief of
Police. The nylon basket weave duty gun belt and nylon smooth utility belt will become
the property of the employee and the employee agrees to maintain these pieces of
equipment.
The smooth nylon utility belt will consist of. belt, handcuff case, chemical spray holder,
baton holder (to fit the baton carried by the employee), magazine case (to fit the
magazines carried by the employee), holster (to fit the weapon carried by the employee),
radio holder (to fit the radio carried by the employee), and four belt keepers. Any other
accessories will be the responsibility of the employee.
B. All appropriate classifications shall be issued A-Level IIIA Ballistic Helmet with riot face
shield fixed.
C. All appropriate classification shall be issued a chemical protective breathing mask fitted
with belt mounted carrying bag. All protective masks shall be in compliance with
CalOSHA minimum standards including employee training.
D. Non-sworn employees not subject to assignments necessitating helmets/chemical masks
will not have them issued.
E. All appropriate classifications shall be issued a Stream Light model SL-20 or
technologically similar rechargeable flashlight with 12V/1 20V charging systems.
F. Each marked police unit assigned to unit members shall be equipped with:
1. A Patrol rifle fitted with a hands free assault sling and stock mounted weapon light.
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2. A 12-guage pump shotgun fitted with an extended magazine, hands-free assault sling
and stock-mounted weapon light; and
3. A 12-guage pump shotgun designated "less lethal' fitted with a hands-free assault
sling and stock-mounted weapon light.
Notwithstanding the above, the City retains the right to select the specific equipment
necessary to fulfill its obligation to provide necessary and appropriate safety equipment.
G. All department owned firearms are to be subject to annual inspection by a certified
department armorer or independent Gun Smith. The certified department armorer or
independent Gun Smith shall provide an inspection report for each firearm inspected.
Firearms with noted defects, wear and. tear, or questionable serviceability shall be
replaced and not returned to service.
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ARTICLE 37
TEMPORARY MODIFIED DUTY
The City and the Association have met and conferred on a modified duty/return to work policy,
which is established by mutual agreement as Police Department Operations Directive L-02,
dated May 12, 1999.
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ARTICLE 38
WORK SCHEDULES
38.1 Patrol 3/12 Work Plan
A. In an effort to improve scheduling, the Chief of Police implemented a 3/12 Work
Hour Plan.
B. The basic work pattern for sworn officers on patrol shall be three 12-hour days
each week, plus assigned pay back. Employees will normally be assigned to work
160 hours in a 28-day work cycle. In addition employees who attend shall be
compensated for briefing time.
C. If an employee does not work the full 160 hours in a 28-day work cycle, the City
shall deduct the unworked hours from an employee's accrued holiday or vacation
balances, unless the unworked hours result for reasons of excused paid absence or
because the City did not assign a pay-back shift.
38.2 Shift Adjustment
Management and the POA reaffirm that scheduling is a management
responsibility. However in the matter of shift adjustment policies, it is agreed that
the following guidelines will be followed:
A. In any situation necessitating a shift adjustment, volunteers will first be
sought.
B. Shift adjustments will not be for more than two hours.
C. Shift adjustments for special units or assignments are not covered by this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander.
D. Whenever volunteers cannot be located, Officers assigned will be chosen
sequentially by seniority.
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E. Generally, no more than two Officers per shift should be ordered to adjust
unless a specific event necessitates it.
F. At least 14 days notice will normally be given, but in no event will less than
seven days notice be given, for an ordered shift adjustment.
G. An Officer authorized to shift adjust will not suffer loss of briefing pay or
other normal benefit.
H. Officers will be given at least ten hours between shifts for ordered non-
emergency shift adjustments.
I. Shift adjustments will not be ordered to deal with court or shift continuation
unless it is necessary to insure the Officer has adequate rest. If court or
another assignment prevents an Officer from getting proper rest between
shifts, the Officer and the Watch Commander may arrange a shift adjustment
to meet this need. With approval, the Officer could opt to use adjusted court
time towards normal work hours instead of overtime, or to adjust shift start
time up to four hours. In cases where the Watch Commander determines an
adjustment is warranted but does not have sufficient manpower, s/he is
authorized to bring in a replacement(on O/T) for up to four hours.
J. Shift adjustments will not be limited by day or time except as articulated
above.
K. It is noted that either party may reopen these issues at the time of contract
renewal.
38.3 Communications Technician 3/12 Work Schedule
I. SHIFT ASSIGNMENTS:
A. Work shift assignments will consist of Day Watch and Day Watch relief, 0700
hours-1900 hours, Night Watch and Night Watch relief, 1900 hours-0700
hours (with the exception of shift adjustments as defined in Section VI).
B. The work period is defined as eighty (80) hours during a fourteen (14) day
period. The eighty hour work period shall consist of a total of six (6) twelve
(12) hour shifts with one eight (8) hour payback shift. A work week is
defined as three (3) twelve (12) hour shifts with one eight (8) hour payback
shift attached during the fourteen (14) day work period. Days off shall be in
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conjunction with the employee work week and not split unless there is consent
by the employee. Example: Week one, M, T, W, week two, M, T, W, TH (8
Hour Payback.)
C. Paybacks shall be scheduled for eight (8) hours during the employee's normal
work hours in conjunction with workdays by seniority.
D. Every employee shall sign up for a relief shift before another employee is
assigned to work a second relief shift.
1. The day watch relief will be assigned to cover absences for
Communications Technicians on day watch and the night watch relief will
be assigned to cover absences for Communications Technicians on night
watch. Relief will only be assigned to cover the opposite shift by seniority
(e.g. day covers for night) when staffing vacancies exist or when
necessitated by special events or circumstances (e.g. Mardi Gras).
Permanent and temporary shift vacancies may be staffed by reassignment
of the relief shift with seven (7) days prior notice or by voluntary
agreement.
2. Relief will not be scheduled to work a shift in the middle of days off.
Example: Week one, M, T, W, off, F, off, off.
3. Relief will have at least two (2) days off in between work weeks.
Example: M, T, W, T, off, off, S, M, T.
4. Communications Technicians assigned to relief dispatch work schedules
shall be compensated for hardship duties by receiving five (5%) percent
additional salary while assigned.
lI. SHIFT SIGN UP:
A. The Communications Manager will post the annual shift and leave sign up
schedule by September 15`h each year for the following year. Communication
Technicians sign up for shift selection, selected days off, vacation,
compensatory time off(CTO) and holiday time.
B. Employees will sign up by seniority for their choice of shifts, payback hours,
and leave hours for each of the three annual rotations. Shift selection will be
by seniority, including relief shift.
C. Employees shall have three days (72 hrs) from the date of receipt of the
schedule to make their selection for work shifts, days off and annual vacation
accrual. Employees are entitled to sign up for the total of their annual accrual
of vacation time utilizing coding "V".
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I. Communications Technicians will sign-up for "V" days with the
expectation that the center is fully staffed and the relief from that watch is
available to cover. Communication Technicians may not sign up for
vacation time during the initial sign-up if it will incur overtime. First draft
vacation requests shall be approved with mandatory overtime in the event
of unit vacancies after the master schedule is completed.
D. Once all unit employees have had the opportunity to sign up for their
maximum accrual of vacation time, they shall be entitled to again sign up by
seniority for all accrued compensatory time off (CTO), holiday hours and
previously unselected leave time they will have accumulated by the date
requested. Compensatory time off shall be coded "CTO", holiday leave and
all other previously unselected leave time shall be coded "H".
1. Second draft CTO, holiday and previously unselected leave time may be
granted and overtime considered for unit vacancies. Overtime will be
posted to accommodate such leave requests. Should the overtime remain
unfilled,the requested leave time shall be cancelled.
2. In the event that scheduled CTO time is cancelled, the affected employee
shall be paid for the CTO hours scheduled, work the shift and be
compensated with overtime as defined in Section 11.3.
E. The Communications and Records Manager shall approve leave time by
seniority and post same on the electronic schedule by the start of each
rotation.
F. Employees generally will not be allowed to work more than two consecutive
shift assignments without rotation to an alternate shift. The Communications
and Records Manager may consider requests to work more than two
consecutive rotations for hardship and educational purposes. In no case will a
senior employee be adjusted from shift preference without their consent to
mitigate requested hardship or educational requests.
1. Any request for a change or deviation between employees (i.e. shift
rotation trade) must be submitted in memo form signed by both affected
employees within one week of posting the tentative schedule. Requests
will be forwarded through the chain-of-command for a final decision by
the Bureau Commander or designee. If approved, affected employees will
also trade seniority for selection of days off. For scheduling purposes, the
shift change will affect only the two employees involved. Affected
employees will receive credit for the shift they signed up for.
III. SHIFT REASSIGNMENT CREATED BY UNDER STAFFING:
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A. If an employee is reassigned to a long term vacancy and the absent employee
returns to duty, both employees shall return to their originally selected shift.
B. In the event of a staffing vacancy the reassigned employee who was
reassigned shall have the option of returning to their originally selected shift
or remaining for the duration of the designated shift once the vacancy is filled.
C. In the event an employee is reassigned from a selected shift to a designated
shift, the employee may elect to receive work credit for either shift to meet
rotation requirements.
IV. SHIFT TRADE:
A. All requests for shift trades between employees shall be submitted utilizing
the Substitute Work Agreement form. Requests will be approved by a Bureau
Commander or designee.
V. LEAVE TIME CANCELLATION:
A. In the event an employee opts to cancel scheduled time off, they will by email
notify the Communication and Records Manager. The Communication and
Records Manager will by email, notify all unit members of the available
cancelled leave time. By seniority, employees junior to the employee
canceling leave time may request time off utilizing the cancelled dates. If the
cancelled time was priority signup, the department shall grant such time off
with the same consideration as originally scheduled as outlined in II. C., as
long as the employee has the vacation time and does not exceed their annual
allotment. If the cancelled leave time was secondary signup, the overtime
consideration articulated in 11. D. shall be applied.
VI. SHIFT ADJUSTMENTS:
A. Shift adjustments on a regular scheduled day required to staff Communication
Technician vacancies or sick leave will not exceed four (4) hours without the
consent of the affected employee. When shift adjustments are required, there
shall be a minimum of ten (10) hours between shifts without loss of
compensation.
B In any situation necessitating a shift adjustment, volunteers will first be
sought. Whenever volunteers cannot be located, employees will be chosen
sequentially by seniority.
1. At least fourteen (14) days notice will be given on planned leave.
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2. An employee authorized to shift adjust will not suffer loss of briefing pay
or other normal benefit.
C. The Communication and Records Manager and/or Supervisors shall notify
employees via email of all changes made to their work schedule at the time
said change is made.
VII. MEAL AND REST PERIODS:
A. Meal periods shall consist of not less than thirty (30) minutes paid subject to
interruption, as staffing permits. Two fifteen (15) minute rest periods (breaks)
shall be provided, as staffing permits. Breaks may be taken using any
combination of the total time allowed. Meal and rest periods (breaks) are
subject to interruption and must be taken within the building.
38.4 Field Service Technicians assigned primarily to field duties will receive a 30-minute paid
lunch break as part of their regular shift as staffing and calls permit. They will remain
subject to call and interruption during their lunch period.
38.5 Investigations—Division Work Schedule
A. Investigators may participate in a 4/10 work schedule in accordance with the
City's alternate work schedule policy. The schedule will include a 30 minute
unpaid lunch. If investigators are called back to work during the lunch period, the
time will be considered time worked.
B. The Investigative Lieutenant will determine the work days and hours for those
employees who work the 4/10 schedule based on the coverage needs of the entire
unit. The schedule may include shifts beginning at 6:45 a.m. with attendance at
patrol briefings. Investigators who attend patrol or other daily briefings shall do
so as part of their regular shift hours.
38.6 Other division/assignments may be provided alternate work schedules under the
following language:
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Employees may request that the Department Head or his/her designee consider alternate
work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80
schedules, 12-hour schedules, flexible schedules, etc. Alternate schedules may provide
for paid or unpaid lunch periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of at least
thirty calendar days prior to having an alternate work schedule discontinued. Such notice
does not apply to moving between alternate schedules, temporary schedule changes,
flexible schedules, etc. If an alternate schedule is discontinued, the Department will
notify the Association of the reason(s) for ending the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the standard
eight (8) hour day. Accrued leave shall be charged based on the number of hours missed
due to a flexible schedule.
Flexible/alternate schedules implemented for non-sworn employee(s) may have a
different FLSA seven (7) day work cycle established. Once established, the FLSA work
schedule shall not be changed on a frequent or routine basis.
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ARTICLE 39
SWAT
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City's request each member requesting
reimbursement may be required to provide proof of membership and active participation.
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ARTICLE 40
TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Operations Directive T-12,
where the employee may be subject to investigation, shall be advised of his/her right to
representation.
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ARTICLE 41
NO DISCRIMINATION
41.1 There shall be no discrimination by the City of San Luis Obispo in employment
conditions or treatment of employees on the basis of race, color, religion, national origin,
sex, sexual orientation, age, marital status, physical or mental disability, association
membership or non-membership, or participation in the activities of the Association.
41.2 There shall be no discrimination by the San Luis Obispo Police Officers Association in
treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, Association membership or
non-membership, or participation in the activities of the Association.
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ARTICLE 42
STAFFING
The current number of positions in the Police Department represented by the Association is
Forty-Three (43) Police Officers, Ten (10) Communication Technicians, One (1) Field Service
Technicians, Five (5) Police Records Clerks, One (1) Property and Evidence Clerk, and One (1)
Evidence Technician. If it becomes necessary for the City to exercise its management right to
change those staffing levels, the City acknowledges its responsibility to meet and confer with the
Association on the impacts of any such changes.
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ARTICLE 43
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Association. This Agreement supersedes all previous
Memoranda of Understanding or Memoranda of Agreement between the City and the
Association except as specifically referred to in this Agreement. 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 refereed 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 or subject
matter arises during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer upon request.
77
ARTICLE 44
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within a 30 day work period. If no agreement has
been reached, the parties agree to invoke the provision of impasse under Resolution 6620.
78
ARTICLE 45
RENEGOTIATIONS
If either party wishes to make changes to this Agreement, that party shall serve upon the other its
written request to negotiate. Such notice and proposals must be submitted to the other party not
less than 105 days prior to the end of the Agreement. If notice is properly and timely given,
negotiations shall commence no later than 90 days prior to the end of the Agreement.
79
ARTICLE 46
TERM OF AGREEMENT
This Agreement shall become effective January 1, 2012, and shall continue in full force and
effect until expiration at midnight, December 31, 2015.
SIGNATURES
I. Classifications covered by this Agreement and included within this unit are shown in
Appendix"A".
2. This Agreement does not apply to temporary employees. This Agreement was executed by
the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
IMF
chard B anos, Chief Negotiator a E. Strobridge, C egotiator
Monica Irons,Human Resources Director Malt Blackstone, SLOPOA President
Negotiator
-utgw� kRcrIL4 &&tul�5k-
Greg Zoc an Relources Nfanager C y BeckWith,Negotiator
r4k
Russ iffith,Negoti to
&24==
Chad Pfarr,Negotiator
Barbara Sims,Negotiator
80
APPENDIX A
CLASSIFICATION
Non-Sworn
Communications Technician
Evidence Technician
Field Service Technician
Police Cadet
Police Records Clerk
Property and Evidence Clerk
Sworn
Police Officer
81
APPENDIX B
GRIEVANCE FORMS
82
CITY OF SAN LUIS OBISPO PAGE_OR
FORMAL GRIEVANCE
INSTRUCTIONS: Grievance must be filed within 15 business days of the occurrence. First discuss with
your Immediate Supervisor, then with your Supervisor's Superior. If not resolved, complete this form and
distribute in accordance with departmental procedures.
Grievant's Name(PLEASE PRINT OR TYPE) Class Title
Has this grievance been discussed with your Immediate Supervisor? Date of Discussion
Name of Immediate Supervisor Title
Has this grievance been discussed with your Supervisor's Superior? Date of Discussion
Name of your Supervisor's Superior Title
1. What is the action or situation about which you have a grievance?
(Be specific, give: date, time, location, and witnesses.)
2. What do you think should be done about it?
3. What was your Supervisor's response?
What provision of the Rules, Regulations, or Agreement was violated?
Article of MOA Department Rule Date of Grievable Incident
What other person do you want notified of any hearings held or actions taken on this grievance?
Name: Mailing Address:
His/her role in grievance:
Grievant's Signature: Date:
Received by: Date:
83
CITY OF SAN LUIS OBISPO
GRIEVANCE APPEAL
INSTRUCTIONS:Appeal to the City Manager must be filed within five (5) business days of receipt of the
Chief of Police's decision.Appeal to the Hearing Officer must be filed within five(5) business days of
receipt of the decision of the City Manager. Complete form and distribute in accordance with
departmental procedures.
Grievant's Name (PLEASE PRINT OR Class Title Date of Grievance Initiation
TYPE)
I wish to appeal the Grievance Response signed by:
Name: Title: Date:
Level to which grievance is being appealed: (CHECK ONE)
❑ City Manager via Personnel Director ❑ Hearing Officer
Reason for Appeal:
Grievant's Signature: Date:
Received by: Date:
84
RESOLUTION NO. 10408 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING
OF THE 2012-13 FEDERAL CAPITAL AND OPERATING ASSISTANCE GRANT
APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City
of San Luis Obispo and may require the City of San Luis Obispo provide the local share of
project costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo is an eligible recipient as defined by 49
U.S.C. 5307, 5311, 5317, 5336j, 5339, and 5340.
SECTION 2. The Public Works Director, or his/her designee, is authorized to execute
and file an application for federal assistance on behalf of the City of San Luis Obispo with the
Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title
23, United States Code and other federal statutes authorizing a project administered by the
Federal Transit Administration.
SECTION 3. The Public Works Director, or his/her designee is authorized to execute
and file with the application the annual certifications, assurances, and other documents the
Federal Transit Administration requires before awarding a federal assistance grant.
SECTION 4. The Public Works Director, or his/her designee, is authorized to execute
grant agreements with the Federal Transit Administration on behalf of the City of San Luis
Obispo in Exhibit A.
R 10408
Resolution No. 10408 (2012 Series
Page 2
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, and
on the following roll vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7`h day of November 2012.
I
Ma o J Marx
ATTEST:'
M be.Ke dy-Gri
City Clerk
APPROVED AS TO FO
. C Stine Dietrick
Attomey
Exhibit A
FEDERAL TRANSIT ADMINISTRATION
GRANT APPLICATION
FOR
SLO UZA
PROGRAM OF PROJECTS
FOR FISCAL YEAR 2012-2013
The City of San Luis Obispo will be conducting a public hearing to receive comments on the
Draft Program of Projects on Wednesday,November 07, 2012 at 6:00 p.m. in Council Chambers,
990 Palm Street, San Luis Obispo. The below Draft Program of Projects will become the final
program unless modified:
Federal Apportionments:
For 2012-13 $1,970,923
Carryover from previous year $71,919
Available to Program $2,042,842
Transit Federal Total
Project Operator Amount Amount
Operating Assistance 7/1/2012-6/30/2013 SLO City 1,124,563 2,466,464
Preventative Maintenance SLO City 150,000 187,500
Bus Rehab SLO City 100,000 125,000
Support Vehicle Replacement SLO City 50,000 62,500
Paratransit operations SLORTA 340,000 740,000
Bus Rehab SLORTA 100,000 125,000
Bus Stop Improvement-Ticket Kiosk SLORTA 112,820 187,820
Support Vehicle Replacement SLORTA 50,000 62,500
Joint DTC Environmental Study* City/RTA 15,459 90,459
Total Project Cost $49027443
Federal Share $290429842
City of San Luis Obispo 1,424,563
San Luis Obispo Regional Transit Authority 618,279
Local Share $290047401
City of San Luis Obispo 1,416,901
San Luis Obispo Regional Transit Authority 587,500
RESOLUTION OF INTENTION 10409 (2012 Series)
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 21353 (2%
@ 60 Full formula) and Section 20037 (Three-Year Final Compensation)
are applicable to local miscellaneous members entering membership for
the first time in the miscellaneous classification after the effective date of
this amendment to contract, and
Section 20475 (Different Level of Benefits). Section 21362 (2% @ 50 Full
formula)and Section 20037 (Three-Year Final Compensation)are
applicable to local police members entering membership for the first time in
the police 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:
Presidi g fficer
Title
Date adopted.-arfd.approved
m
(Aendment)' '
CON-302(Rev.4/96)"
CAPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT 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, December 29, 2005 and August 30, 2012 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 15 are hereby stricken from said contract as executed
effective August 30, 2012, and hereby replaced by the following paragraphs
numbered 1 through 17 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 entering membership in
the miscellaneous classification on or prior to the effective date of this
amendment to contract and age 60 for local miscellaneous members
entering membership for the first time in the miscellaneous classification
after the effective date of this amendment to contract; age 50 for local
police members and for those local fire members entering membership in
the fire classification on or prior to August 30, 2012 and age 55 for local
fire members entering membership for the first time in the fire
classification after August 30, 2012.
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 or to
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 Fire 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 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract 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 current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21354 of said Retirement Law (2% at age 60
Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member entering
membership in the fire classification on or prior to August 30, 2012 and for
those local police members entering membership in the police
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).
10. 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 timein the fire classification after August 30, 2012 shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
11. The percentage of final compensation to be provided for each year of
credited current service as a local police member entering membership for
the first time in the police classification after the effective date of this
amendment to contract shall be determined in accordance with Section
21362 of said Retirement Law(2% at age 50 Full).
12. 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 fire
members entering membership on or prior to August 30, 2012 and
for those local police members and local miscellaneous 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 August
30, 2012.
Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-
Year Final Compensation) are applicable to local miscellaneous
members entering membership for the first time in the
miscellaneous classification after the effective date of this
amendment to contract.
Section 21362 (2% @ 50 Full formula) and Section 20037 (Three-
Year Final Compensation) are applicable to local police members
entering membership for the first time in the police classification
after the effective date of this amendment to contract..
13. 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.
14. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaenous members and local safety members of said
Retirement System.
15. 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.
16. 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.
17. 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 O�day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISPO
BY BY
KAREN DE FRANK, CHIEF PRESID) O�ER
CUSTOMER ACCOUNT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Wit( IF
ess Date
Attest:
Clerk -
AMENDMENT CaIPERS ID#7574628515
PERS-CON-702A