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Pledge
Roll Call
Present:
City Staff
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
June 29, 1970 - 7:30 P.M.
City Hall
Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz
Present: R: D. Young, Planning Director; J. H. Fitzpatrick,
City Clerk:; J•. Stockton, Park and Recreation Supervisor;
H. Johnson, City Attorney; R. D. Miller, Administrative
Officer; D. F. Romero, City Engineer; E. Rodgers, Police
Chief; L. Schlobohm, Fire Chief.
1. Mayor Schwartz briefly explained the procedure used by the City of San Luis
Obispo in the 1970 -71 negotiations with the City Employees` Association (CEA)
for wages and fringe benefits. He stated that a number of meetings were held
for discussion on wages and salaries and that the City Council was constantly
kept aware of the proceedings by their representatives, the management team.
He continued that the purpose of this meeting was to accept the Memorandum of
Understanding and adopt the 1970 -71 City Budget.
The Mayor then reviewed the.provisions of the Memorandum of Understanding dealing
with salaries, working conditions, overtime, holidays, uniform allowance, etc.
He then reviewed the meeting of Friday, June 26, 1970 which was requested by the
Police Officers' Association (POA). At this meeting discussion was held on
differences which the POA felt should be corrected for the police officers.
Mayor Schwartz explained for the benefit of the public present, the General
Qualification Statement in the Memorandum of Understanding with the CEA which
briefly stated that if for any reason the Council grants salary or working
condition changes to any employee or group of employees, the CEA will have the
option of re- opening negotiations.
Mayor Schwartz continued that he-and the Council felt that•the management team
which consisted of the Administrative Officer, City Attorney and City Clerk, had
done a good job for the Council,'hid met in good faith with the'-CEA and attempted
to work out a fair employee package which was accepted by the CEA. The Mayor
stated that at this time the action of the Council should be one of the following.
1) Accept the Memorandum of-Understanding as-is; 2) Amend-the Memorandum of -
Understanding in whatever areas the Council so desired; or 3) Continue discussion
on the various points indefinitely.
Mayor Schwartz continued that during the hegotations between the CEA and the
management representatives several matters were brought up which were not
settled to the satisfaction of certain employees: These matters.were discussed
and it was agreed that further negotiations might be made,in these areas, such
as the promotion of the Fire Marshal to the same step as a battalion chief,
overtime provisions for battalion chiefs and the fire marshal, additional holiday
compensation for fire department personnel (requested by the Firemen's Association)
and the requests of the POA for additional salary , more standby pay and definition
of an emergency for continuation of a work day.
Mayor Schwartz explained that following the meeting of June 26, the City Council
had met without their staff members to discuss the'Memorandum'of •Understanding
and the various proposals made by the POA. He stated that ths.Council had agreed
to move ahead and accept the Memorandum of Understanding dated June 17, 1970.
The City Council also agreed that a 4% salary increase would be granted to
all City employees effective January 1, 1971. Further, the Council had authorized
the staff to make a detailed study of educational incentive programs in other
cities in California for presentation•to the City, Council and adoption at a later
date.
City Council Minutes
July 29, 1970
Page 2
The Mayor continued that the City Council would now have to again review major
items in the 1970 -71 budget in order to eliminate projects or programs to come
up with the necessary funds to pay the 4% increase which becomes effec.tive:on
January 1, 1971. The Mayor stated that for each 1% salary increase it costs
the City approximately $15,000 while a lc increase in the tax rate would..raise
approximately $5,400. He and the Council felt it would be better -to find the
money in the current budget rather than increasing taxes.
Mayor Schwartz stated that one of the major hang ups in the negotiations with
the POA had been the cities used for comparison of salary and other benefits.
He stated that the CEA and the City Council had determined in 1969 what cities
would be used for comparison and these were the cities used in the negotiations
with the-CEA, but,that the POA had used other cities for comparisons which had
made the negotiations difficult.
Mayor Schwartz stated it was his understanding that to date the highest salary
increase offered by any agency in the County had been 5.1% and the felt that the
Council's offer of a basic 7% increase on July 1 and an additional 4% increase
on January 1, 1971 was a fair advance for city employees.
Councilman Blake stated he wished to congratulate the CEA representatives who
negotiated on.behalf of the.City employees and,also.the- management team.for
their efforts in .attempting to work out a fair agreement.for all-the employees
of the City.- He felt.that.the employees had "been fairly treated and further he
stated that the City Council.recognized the important job performed by the police
department for the citizens of San Luis Obispo. 'He continued that the.City
Council also recognized that all the employees had important jobs to do and that
they did a•good job.
Councilman Spring congratulated the employee negotiations team and the. City
Council management team. He felt they did.a good job and.that a good package.
of benefits and wages.had - been arrived at...He.felt that the offer for salary
and benefits was a good one.
Councilman Miller stated that he felt the City Council felt no animosity towards
anyone -and hoped that no one had any.anomosity towards the City Council and..
their staff. He hoped that now that the salary problem had been settled the City
could move ahead with an educational incentive program for all City employees
who improve their knowledge to benefit their work.
Councilman Graham felt that the police department representatives:.who appeared .
before the management team and the Council had done a good job, better than
the outsiders they had brought in. He hoped that in the future the POA would
represent themselves. He also felt that the City Council, by'adding 4% to the
package had gone a long way to equalize salaries.,paid.to, City employees.
Mrs. Carmack, taxpayer, briefed a prepared statement she had sent to the City
Council. She stated she did not feel that the offer of a 7% increase in July
and an additional 4% increase in January was a sufficient salary increase for
the police officers as she felt that the minimum of 12% requested by the POA was
the minimum they could and would-accept. She did not feel the.increases offered
would bring the salaries up.to what was being given to police officers in other
cities. She continued.she did not feel that the.City Council recognized-the
important job being done by the police She. felt that the City Council
had been lumping all City employees into the-same category-as far as importance.
She urged the City Council to levy ,the necessary property taxes in order to give
all the City employees a 12 %.salary increase effective July•l; and possible
additional adjustments in January, 1971 in order to keep up with what is being
paid throughout, the state. .:She felt that the additional.money requested .by... .
the POA would guarantee the City a more dedicated police force than they now
have.
J. Wainscott- ,.Battalion Fi.re.Chief, questioned paragraph 5 of the Memorandum of
Understanding which lists department heads and management personnel who were
not authorized overtime.. He felt.that battalion.chiefs'and the fire marshal
should be considered for overtime as they were needed.to supervise fire depart=
ment personnel at fires.. Without overtime pay the management personnel were
actually being paid less than those firemen fighting the fire and receiving
overtime.
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City Council Minutes
July 29, 1970
Page 3
Sgt.. Carmack, POA, stated he and the other police officers were pleased with
the Council's offer of an additional 4% salary increase in January, 1971.
However, he would still like the Council to give further consideration to the
following items:
1. 12 %.salary. increase annually.
2. Implementation of an educational incentive program.
3. Clarification of.the overtime procedure for continuation of a work day.
4. .Elimination of the detective differential to allow the detectives to receive
overtime pay.
5. Increase standby pay to a minimum of two hours pay for each eight hours of
standby duty.
6. Have the.City Council enact a positive resolution to allow police officers
to live outside the City limits, but not more.than 20 miles away or 30 minutes
travel time.
He stated that with these considerations by the City Council he felt that the POA
would accept the Council's offer of a 7% increase 'on July 1 and an additional
4% increase on January 1.
W. Callaway, President of the Firemen's Association, stated he would appreciate
the Council's consideration of:the Firemen's Association request for adjustment
of holidays on a.shift basis..,..
D. Sylvia,_ President of the CEA, stated that his letter to the City Council
regarding the promotion of the fire marshal to the same pay scale as battalion
chiefs was in no way a criticism or objection to the Memorandum of Understanding
signed by the CEA but was written at the request of Don Kaye,' Fire Marshal to
bring this matter to the Council's attention.
P. Landell, representative for the CEA, thanked the City Council for their con-
sideration of-the additional 4% increase in January, 1971 and stated that this
increase put the City employees of San Luis Obispo in good relationship with other
California. cities. ... .
D. Kaye, Fire Marshal, appeared before the City Council stating he felt.additi_onal
consideration should be., given to.the. request of the Firemen's Association -to
equalize the :salaries of, the fire marshal and battalion chiefs as he must attend
fires along with the battalion chiefs. Also he felt that battalion chief and
the fire marshal should receive overtime pay as he did not feel that their basic
salary compensated for their ser.vices,,for, the City..:, .
Mayor.Schwartz stated he felt that the City Council should now consider accepting
the Memorandum of Understanding-as amended by the City Council to include the
4% salary increase on January 1, 1971.
On..:motion of Councilman Blake, seconded by Councilman Spring, the Memorandum of,
Understanding.was accepted as amended to ..include the additional „4% increase for
all fulltime City employees effective January 1, 1971'. .Motion carried.
R. D. Miller, Administrative Officer,-presented for the - Council's information a
summary of the 1970 -71 City budget.
R. D. Miller continued that the..1970- 7.1..City. budget,was ready to be adopted by.
the City Council,, subject. to year -end adjustments and the inclusion of the new
salary.increase.approved by-.the City. Council. The.latter_ would be taken care of
before January 1.
Mayor Schwartz declared the public hearing open.
City Council Minutes
June 29, 1970
Page 4
No one appeared before the City Council for or against the adoption of the 1970 -71
City budget.
Mayor Schwartz declared the public hearing closed.
Councilman Miller stated he would vote for approval.and acceptance of the.1970 -71
City budget, but that he was still opposed to any public funds being granted
to the Chamber of Commerce and,the County development Association, and•so wished ,
the record to state.
On motion of Councilman Blake, seconded 'by Councilman Graham; that the City
Council adopt the 1970 -71 City budget as presented;'subject to year =end balances
being entered. Motion carried.
3A. Communication from the San Luis Coastal Unified School District notifying
the City Council neither the high school nor district administration had been
contacted regarding school cooperation or students working on the Mission'Plaza
art' works project. They wished to-.notify the City - 'Council 'that'it'was' not, the
intention of the school district to release students from school work to work
on the Plaza project or give students credit for assistance on the project-as
the school did not have adequate supervision staff for off- campus..activities.
On motion of Councilman Miller, seconded by Councilman Graham, the communication
was ordered received and filed.
3B. At this time, the City Council considered Change Order No': l.to the.Mission
Plaza project, City Plan 12 -70, Madonna Construction Company; to change the
location of the front lower wall 9' 6" to fit module "and extend colored P.C.C:
paving and tile joints an additional 9' 6 ", at an estimated cost of $2,500.
On motion of Mayor Schwartz, seconded by'Councilman Miller;`Change Order No. ,l
for the Mission Plaza 'project was approved: Motion carried.
3C. At this time, the City Council considered the proposal for another contract
change order for the Mission Plaza project to include footings for three flag
poles to be installed at'a' later date.
P. Gerety; Planning Assistant, stated he had received,a quotation from Outdoor'
Products Co. for installation kits for flag poles at $35.00 each and any estimate
of $50.00 for installation of each flag pole from Madonna Construction.
On motion of Mayor Schwartz, seconded by Councilman Miller, the Planning Depart-
ment-was authorized to prepare a change.order to cover the installation ofthe
three flag poles. Motion"carried; Councilman Spring voting no.
3D. On motion of Councilman Miller; seconded by Councilman Grahams the City
Engineer was directed to set grades for the Naman property adjacent to the
Mission Plaza and to - supply the Planning Department with .. topographic information
necessary for planning Phase II work. Motion carried..
3E. D. F. Romero, City Engineer, stated that it was his understanding that the.
City Council desired that the concrete sections removed from Monterey Street in
front of the Mission be placed as a rubble slope protection wall along the
northerly bank of the Mission Plaza property-land that the work would. be conducted
largely by Youth Corps personnel. He continued that these concrete pieces would
have'to.be placed insuch•a size and were in such an awkward location that it.would
be necessary to use heavy equipment for almost ail of the work and that only a
few members of the Youth Corps could be used on this work. The remainder of the
work would have to be-conducted by members of the-Public Works'Department who
were experienced in the operation of heavy equipment and'the construction of
this type of wall: Mr.' Romero estimated that it would require'three Street.
Department employees for approximately 2 1/2 months to build the wall..
The City Council directed the City Engineer to proceed with'the installation of
this rubble wall.
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City Council Minutes
June 29, 1970
Page 5
4. At this time., the City .Council considered the recommendation of Mayor Schwartz
regarding the appointment of members to the City Promotional Coordinating Committee.
The Mayor suggested that the City Council appoint a Council committee to review
applications for membership and make recommendations to the City Council.
The City Council stated they agreed with the proposal-and appointed Mayor Schwartz
and Councilman.Blake as a.Council committee;to interview applicants for this
committee.
The City Clerk was authorized to place an advertisement in the local paper for
application for.membership on this committee....
8. H. Johnson, City Attorney, brought to the Council's attention a problem not
covered in the recently adopted solid waste disposal ordinance. The ordinance
made no provisions for the disposal of. contaminated material and other material
requiring special handling. He stated that in cooperation with the County Health
Department and the Fire Department he had prepared.a resolution which establishes
a method of screening requests for determination as to:_Special handling of con-
taminated materials and other items requiring special handling.
On motion of Councilman Miller, seconded by Councilman Blake, the following
resolution was introduced. Resolution No. 2070, a resolution creating an
environmental quality control board.to review methods of disposal of contamined
materials and other items requiring special handling.
Passed and.adopted on the following roll call vote:
AYES: .Emmons Blake, Myron Graham, Arthur F. Spring,
Donald Q. Miller, Kenneth E. Schwartz
NOES: None
ABSENT: None
6. At this:time, Mayor Schwartz brought to the .Council's attention the matter.
of the Council's intention when they approved the Chamber of Commerce's request
for postage fudds. Mayor Schwartz stated it was his understanding and intention
that the Chamber of Commerce would be granted $10,000 with an additional $2,000
if needed and approved, if the City Promotional Coordinating Committee authorized
media advertising requiring return mailing.
Councilman_Blake stated it was his intention to grant the Chamber of Commerce
$12,000 including postage.
Councilmen Spring and Graham agreed with Councilman Blake's intention.
Mayor Schwartz-requested that-his vote be changed to a no vote regarding the
grant given to the.Chamber of Commerce as it was his intention to-grant only
$10,000.
7. E. Rodgers, Police Chief,.brought to the Council's attention the question
as to whose responsibility it was to patrol Cuesta Park on.the northerly city
limits. Chief:Rodgers stated that there are times when.City police cover the.
park.and times when the County Sheriff's Department cover the park. He felt it
should be clarified so that the departments involved would know whose responsibility
the park was. .Chief Rodgers felt that as the park was County owned and maintained
the patrol.of the park should be the responsibility of the County Sheriff's
Department.
The City Council agreed that the,park should be patrolled by the Sheriff's
Department. The City Clerk was instructed to write a letter to the County
administrator notifying him of the Council's feeling on this matter. •
8. At this time the City Council adjourned to'executive session to discuss
personnel matters.
City Council Minutes
June 29, 1970
Page 6
-9. On motion of Councilman..Blake, seconded by Councilman Graham, the meeting
adjourned.
H. k PATRICK, CITY CLERK .
APPROVED: August 24, 1970
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