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HomeMy WebLinkAbout10-06-2015 Council Agenda Packet Tuesday, October 6, 2015 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Council Member Christianson PRESENTATIONS 1. PROCLAMATION - NATIONAL DISABILITY AWARENESS MONTH (MARX/MCINTIRE – 5 MINUTES) Presentation of a Proclamation to Justin McIntire, California Department of Rehabilitation, and DJ MacFarlane, Scientific Drilling, recognizing October as "National Disability Employment Month." 2. PROCLAMATION - FIRE PREVENTION WEEK (MARX/OLSON/MAGGIO – 5 MINUTES) Presentation of a Proclamation to Garret Olson, Fire Chief, and Rodger Maggio, Fire Marshal, recognizing October 4-10, 2015, as "Fire Prevention Week." Agenda San Luis Obispo City Council October 6, 2015 San Luis Obispo Page 2 APPOINTMENTS 3. APPOINTMENT TO THE MASS TRANSPORTATION COMMITTEE (MEJIA/GOODWIN – 5 MINUTES) Recommendation In accordance with the recommendations of the Council Subcommittee, appoint John Osumi to the Mass Transportation Committee, as the business representative, to complete an unexpired term through March 31, 2016. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total) The council welcomes your input. You may address the council by completing a speaker slip and giving it to the city clerk prior to the meeting. At this time, you may address the council on items that are not on the agenda. Time limit is three minutes. State law does not allow the council to discuss or take action on issues not on the agenda, except that members of the council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to follow up on such items. CONSENT AGENDA A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three minute time limit. 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation Waive reading of all resolutions and ordinances as appropriate. 5. MINUTES OF THE CITY COUNCIL MEETINGS OF SEPTEMBER 1 AND SEPTEMBER 3, 2015 (MEJIA) Recommendation Approve the Minutes of the City Council meetings of September 1 and September 3, 2015. Agenda San Luis Obispo City Council October 6, 2015 San Luis Obispo Page 3 6. CONSIDERATION OF THE HUMAN RELATION COMMISSION’S RECOMMENDED PRIORITIES FOR THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS (CODRON/WISEMAN) Recommendation 1. As recommended by the Human Relations Commission, approve Community Development Block Grant and Grants-In-Aid funding priorities for 2016. 2. Make a determination pursuant to Section 15061 (b)(3) General Rule and Section 15306 Categorical Exemption of the CEQA Guidelines that developing priorities for funding will not have a significant effect on the environment and is exempt from environmental review. 7. SLO TRANSIT DBE GOAL AND METHODOLOGY (GRIGSBY/ANGUIANO) Recommendation Authorize staff to establish the 1.7% Disadvantaged Business Enterprise (DBE) goal for federal funds related to SLO Transit enterprise fund. 8. 9-1-1 EQUIPMENT UPGRADE (STORTON/ROSENBLUM) Recommendation Award the contract between AT&T and the City using the State Master Purchase Agre ement to replace the existing 9-1-1 phone system equipment with new and upgraded 9-1-1 equipment. PUBLIC HEARINGS 9. GRANTING A FRANCHISE TO SAN LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE SERVICES (MATTINGLY/MUNDS – 20 MINUTES) Recommendation Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, granting a twenty-year franchise to San Luis Garbage Company for food and green waste collection, processing and/or disposal within the City of San Luis Obispo.” Agenda San Luis Obispo City Council October 6, 2015 San Luis Obispo Page 4 BUSINESS ITEMS 10. PROPOSED AMENDMENTS TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING APPEALS OF ADMINISTRATIVE CITATIONS, CHAPTER 15.02 (CHAPTER 1.24 TO SUPERSEDE CONFLICTING ADMINISTRATIVE CITATION AND REVIEW PROVISIONS OF BUILDING CONSTRUCTION AND FIRE PREVENTION REGULATIONS), CHAPTER 1.20, AND ADDITION OF NEW CHAPTER 2.30 (CREATE ADMINISTRATIVE REVIEW BOARD) (DIETRICK/ANSOLABEHERE – 60 MINUTES) Recommendation Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, repealing and replacing Chapter 1.24 (Administrative Code Enforcement Procedures) of Title 1, amending Section 1.20.020 of Title 1, amending Chapter 15.02 (Building Codes adopted) to add Section 15.02.015 of Title 15 (Chapter 1.24 to supersede conflicting Administrative Citation and Review Provisions of Building Construction and Fire Prevention Regulations), and adding Chapter 2.30 (Administrative Review Board) to Title 2, of the San Luis Obispo Municipal Code,” adopting proposed amendments to Chapter 1.24 to establish parallel, but mutually exclusive, administrative citation appeals review processes, as well as Chapter 15.02 and Chapter 1.20 to clarify that Chapter 1.24 prevails over any conflicting administrative citation or review processes in Title 15 (the City’s Building Construction and Fire Prevention Regulations) or the City’s general appeals provisions, and adding new Chapter 2.30 to create the Administrative Review Board. 11. BRANDING UPDATE FOR SLO TRANSIT VEHICLES (GRIGSBY/ANGUIANO – 30 MINUTES) Recommendation Approve revised paint scheme for new SLO Transit vehicles, and maintain existing paint scheme for all existing transit stock with a phasing in of the new scheme as vehicles are replaced. 12. ADOPT A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS’ ASSOCIATION (SLOPSOA) FOR THE PERIOD OF 07/01/2015 – 06/30/2019 (IRONS/ZOCHER – 20 MINUTES) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers’ Association for the period of July 1, 2015 through June 30, 2019.” Agenda San Luis Obispo City Council October 6, 2015 San Luis Obispo Page 5 COUNCIL LIAISON REPORTS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit—3 minutes each. COUNCIL COMMUNICATIONS (Not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, October 20, 2015 at 6:00 p.m. in the Council Chamber, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100. Page intentionally left blank. Meeting Date: 10/6/2015 FROM: Anthony Mejia, City Clerk Prepared By: Heather Goodwin, Deputy City Clerk SUBJECT: APPOINTMENT TO THE MASS TRANSPORTATION COMMITTEE (MTC) RECOMMENDATION In accordance with the recommendations of the Council Subcommittee, appoint John Osumi to the Mass Transportation Committee, as the business representative, to complete an unexpired term through March 31, 2016. DISCUSSION Mass Transportation Committee (Subcommittee Members Rivoire and Carpenter) Due to the resignation of Randol White, effective September 1, 2015, there was an unscheduled vacancy on the Mass Transportation Committee. Mr. White served as the business representative. The Council Liaison Subcommittee recommends appointment of John Osumi to the Mass Transportation Committee (MTC), effective October 6, 2015, to a term expiring on March 31, 2016. The Council Liaison Subcommittee previously held interviews for the MTC on August 21, 2015 and recommend John Osumi for future appointment. RECRUITMENT The following Advisory Bodies have vacancies and interested individuals are encouraged to apply: 1. Human Relations Commission (1) 2. Jack House Committee (1) 3. Mass Transportation Committee (1 – Cal Poly Representative) 4. Personnel Board (1) 5. Tourism Business Improvement District Board (1) AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE Hard copies of the MTC application have been provided to the City Council and are available for public review in the City Clerk’s office. 3 Packet Pg. 6 Page intentionally left blank. City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo Tuesday, September 1, 2015 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, September 1, 2015 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None City Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron, Assistant City Manager; and Anthony Mejia, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Vice Mayor Ashbaugh led the Pledge of Allegiance. PRESENTATION 1. PRESENTATION BY THE LEAGUE OF WOMEN VOTERS REGARDING CIVILITY AND CIVIL DISCOURSE Margaret Bader and Sharon Kimball, representing the League of Women Voters, narrated a PowerPoint presentation entitled “Democracy in Dialogue” regarding civility and civil discourse; requested Council direct staff to agendize consideration of a resolution pledging to follow best practices of civility and civil discourse. 5.a Packet Pg. 7 Attachment: a - 09-01-2015 Minutes (1145 : Minutes of September 1 and September 3, 2015) San Luis Obispo City Council Minutes of September 1, 2015 Page 2 APPOINTMENTS 2. APPOINTMENT TO THE BICYCLE ADVISORY COMMITTEE (BAC) City Clerk Mejia reviewed the contents of the Council Agenda Report. MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to appoint Randol White to the Bicycle Advisory Committee, for a term to expire on March 31, 2016. PUBLIC COMMENT Stephanie Teaford, representing Cal Poly, San Luis Obispo, provided an update regarding the Student Housing South project on Grand Avenue; noted that providing on-campus housing is a priority for Cal Poly; advised that site and foundation work will begin September 21, 2015 with project completion estimated for summer 2018. Donald Hedrick, San Luis Obispo, asserted that he has been excluded from past candidate forums, noting that he has been a candidate in the past five municipal elections; urged that the City stop using electronic tabulation machines for local elections. Michelle Tasseff, San Luis Obispo, spoke on a program entitled “Serve Santa Maria” and distributed a handout describing the program; recommended that the City leverage faith-based organizations to help cleanup dilapidated properties. CONSENT AGENDA Donald Hedrick, San Luis Obispo, voiced opposition to Consent Calendar Item 3 which allows for waiver of reading of resolutions and ordinances; pointed out that the public does not have the ability to remove items from the consent calendar for separate consideration. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to approve Consent Calendar Items 3 thru 5. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4. AGREEMENT FOR RTA REIMBURSED FARE-FREE RUNABOUT RIDES ON SLO TRANSIT In response to Council inquiry, Transit Manager Anguiano and Geoff Straw, San Luis Obispo Regional Transit Authority (RTA) Executive Director, explained that the proposed agreement will help mitigate increasing costs for paratransit services. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to authorize the City Manager to execute an agreement with the Regional Transit Authority for subsidized rides for Runabout Passengers on SLO Transit Fixed Route. 5.a Packet Pg. 8 Attachment: a - 09-01-2015 Minutes (1145 : Minutes of September 1 and September 3, 2015) San Luis Obispo City Council Minutes of September 1, 2015 Page 3 5. UNREINFORCED MASONRY HAZARD MITIGATION PROGRAM STATUS REPORT MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to receive and file report regarding status of Unreinforced Masonry Hazard Mitigation (URM) Program. PUBLIC HEARING 6. APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY AN APPEAL FILED BY THE PROPERTY OWNER FOR USE OF PARKING IN THE FRONT YARD AT 598 PRINCETON PLACE Individual members of Council advised that they have had no ex -parte communications regarding this appeal, with the exception of Vice Mayor Ashbaugh. Vice Mayor Ashbaugh advised that he spoke with Joe Gambucci in a private conversation but that no new information outside of the record was introduced. Community Development Director Johnson, Chief Building Official Schneider, and Assistant Planner Bell narrated a PowerPoint presentation entitled “598 Princeton Place, Appeal of the Planning Commission decision to deny the use of parking in the front yard” and responded to Council inquiries. Mayor Marx opened the public hearing. Joe Gambucci, Appellant, San Luis Obispo, requested that Council support his appeal and allow him to continue to park his boat on the existing concrete pad in his front yard; pointed out that his boat is in good condition, frequently used, and he has been using the concrete pad for 21 years as boat parking; noted that he lives on a cul-de-sac and that none of his neighbors complained about the boat; questioned whether the City required permits when the construction originally occurred and whether this nonconforming use should be grandfathered. Michelle Tasseff, San Luis Obispo, requested that Council support the appeal; stated that if staff can not verify whether a use permit was necessary at the time of construction, then the Council should allow the property to remain as is. Donald Hedrick, San Luis Obispo, voiced opposition to proactive code enforcement; questioned if there are common law policies for consideration or a grandfathering clause to allow for the boat to be parked in the front yard. There being no others desiring to speak on this item, the public hearing was closed. In response to public comment, City Attorney Dietrick explained that staff has analyzed the applicability of legal nonconforming use status but has determined that it would not apply as the parking standards at the time of construction would have required a different parking configuration; noted that the construction of a concrete pad would not have required a permit and is therefore legal, but the use as a parking space would not have conformed to parking standards used since the 1970s. 5.a Packet Pg. 9 Attachment: a - 09-01-2015 Minutes (1145 : Minutes of September 1 and September 3, 2015) San Luis Obispo City Council Minutes of September 1, 2015 Page 4 In response to Council inquiries, Community Development Director Johnson and Assistant Planner Bell noted that other options exist to allow for the boat to be stored onsite, including parking adjacent to the garage if the appellant can demonstrate appropriate maneuverability. Following discussion, MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBERS CARPENTER AND RIVOIRE VOTING NO), to adopt Resolution No. 10662 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Planning Commission’s decision to deny an appeal filed by the property owner for use of vehicle parking in the front yard.” 7. APPEAL OF TREE COMMITTEE DECISION TO DENY A TREE REMOVAL APPLICATION AT 1680 EL CASERIO COURT Individual members of Council announced they had no ex-parte communications regarding this appeal. Public Works Deputy Director Bochum and City Arborist Combs narrated a PowerPoint presentation entitled “Appeal of Tree Committee Decision at 1680 El Caserio Court” and responded to Council inquiries. Matt Ritter, Tree Committee Chair, noted that the Committee could not make a finding for the tree removal that is consistent with the City’s Ordinance; opined that it is an acceptable decision for Council to allow removal of this tree, pointing out that the applicant is planning to replant new trees; opined that removal of the tree does not damage the character of the neighborhood. Mayor Marx opened the public hearing. Chuck Miller, Appellant, San Luis Obispo, spoke about his desire to remove the palm trees located in his front yard, noting his willingness to replant new trees; stated that the palm trees are over his property’s sewer lateral line; pointed out that the palm trees are causing damage to his driveway; noted that all of his neighbors are supportive of the removal of the palm trees. Donald Hedrick, San Luis Obispo, urged Council to move forward with the tree removal application; spoke in support of removing the trees provided that the property owner is willing to replant new trees. There being no others desiring to speak on this item, the public hearing was closed. During the course of discussion, Council agreed that removal of the three palm trees will not harm the character of the neighborhood, provided that new trees are planted to replace them. 5.a Packet Pg. 10 Attachment: a - 09-01-2015 Minutes (1145 : Minutes of September 1 and September 3, 2015) San Luis Obispo City Council Minutes of September 1, 2015 Page 5 MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER CARPENTER, CARRIED 5-0, to adopt Resolution No. 10663 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, upholding an appeal of the Tree Committee decision to deny a tree removal request at 1680 El Caserio Court,” with the following revision. a. Section 1. Findings. The three palm trees requested for removal (as designated in Exhibit A hereto) are causing undue hardship to the property owner. b. Section 1. Findings. The removal of the three palm trees is reasonable because the trees will continue to damage the driveway. c. Section 1. Findings. The removal of the three palm trees will not harm the character or environment of the surrounding neighborhood. d. Section 1. Findings. The planting of six new trees to replace the six palms trees authorized for removal, three by the tree committee and three by the Council, will enhance the neighborhood. RECESS Council recessed at 7:45 p.m. and reconvened at 8:00 p.m., with all Council Members present. BUSINESS ITEM 8. SYNTHETIC SPICES/BATH SALTS ORDINANCE Acting Police Chief Storton and Lieutenant Bledsoe narrated a PowerPoint presentation entitled “Synthetic Drug Ordinance” and responded to Council inquiries. Donald Hedrick, San Luis Obispo, voiced concern that California borders are being attacked by drugs smugglers; spoke in support of efforts to prevent drug abuse. Michelle Tasseff, San Luis Obispo, stated that Santa Maria adopted a similar synthetic spice ordinance, noting that some children in Santa Maria ascertained spice and were hospitalized; asserted that smoke shops and similar businesses sell these types of substances. MOTION BY COUNCIL MEMBER CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0, to introduce Ordinance No. 1622 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, adding Chapter 9.09 to the San Luis Obispo Municipal Code prohibiting the possession, display and sale of synthetic drugs.” 5.a Packet Pg. 11 Attachment: a - 09-01-2015 Minutes (1145 : Minutes of September 1 and September 3, 2015) San Luis Obispo City Council Minutes of September 1, 2015 Page 6 9. REVISIONS TO THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL AND INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATED TO COUNCIL MEETING DATES AND TIME City Clerk Mejia narrated a PowerPoint presentation entitled “Update to Council Policies and Procedures” and responded to Council inquiries. Donald Hedrick, San Luis Obispo, opined that Council does not follow the Council Policies and Procedures; stated that Council needs to allow citizens to speak uninterrupted during public comment; voiced objection to Council considering business items at special meeting times. MOTION BY VICE MAYOR ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to: 1. Adopt Resolution No. 10664 (2015 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, amending its Council Policies and Procedures Manual.” 2. Introduce Ordinance No. 1623 (2015 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the San Luis Obispo Municipal Code Chapter 2.04 (Council Meeting) to modify Regular Meeting times.” LIAISON REPORTS Council liaison reports were received from Council Member Ashbaugh and Mayor Marx. COUNCIL COMMUNICATIONS By consensus, Council directed staff to agendize: 1) discussion of the Achievement House lease agreement for a future meeting; 2) review of the City’s representation on the Student Community Liaison Committee for the earliest possible meeting; and 3) consideration of adopting a resolution related to civility and civil discourse for the City Council meeting of September 15, 2015. ADJOURNMENT Adjourn to a Special Meeting to be held on Thursday, September 3, 2015 at 3:30 p.m. in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California, for the purpose of conducting a closed session. Special and Regular City Council Meetings are scheduled for Tuesday, September 15, 2015 at 4:30 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY COUNCIL: XX/XX/2015 5.a Packet Pg. 12 Attachment: a - 09-01-2015 Minutes (1145 : Minutes of September 1 and September 3, 2015) Thursday, September 3, 2015 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on September 3, 2015 at 3:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Council Members Present: Council Members Dan Carpenter, Carlyn Christianson, Dan Rivoire, Vice Mayor John Ashbaugh, and Mayor Jan Marx. Council Members Absent: None Staff Present: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Michael Codron, Assistant City Manager; Jon Ansolabehere, Assistant City Attorney; Monica Irons, Director of Human Resources; Greg Zocher, Human Resources Manager; Garret Olson, Fire Chief; Wayne Padilla, Director of Finance and Information Technology; and Derek Johnson, Community Development Director, were present at Roll Call. PUBLIC COMMENT ON CLOSED SESSION City Attorney Dietrick called for public comment. There was no one present desiring to speak on Closed Session. CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6. Agency Negotiators: Monica Irons, Katie Lichtig, Michael Codron, Greg Zocher, J. Christine Dietrick, Jon Ansolabehere, Garret Olson, Wayne Padilla, Derek Johnson Represented Employee Organizations: San Luis Obispo City Employee’s Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees 5.b Packet Pg. 13 Attachment: b - 09-03-2015 Minutes - Closed Session (1145 : Minutes of September 1 and September 3, 2015) San Luis Obispo City Council Minutes of September 3, 2015 Page 2 REPORT ON CLOSED SESSION City Attorney Dietrick reported that no reportable action was taken during the Closed Session. ADJOURNMENT The City Council adjourned at 3:55 p.m., to Special and Regular City Council Meetings scheduled for Tuesday, September 15, 2015 at 4:00 p.m. and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Anthony J. Mejia, MMC City Clerk APPROVED BY COUNCIL: XX/XX/XXXX 5.b Packet Pg. 14 Attachment: b - 09-03-2015 Minutes - Closed Session (1145 : Minutes of September 1 and September 3, 2015) Meeting Date: 10/6/2015 FROM: Michael Codron, Community Development Director Prepared By: Jenny Wiseman, Planning Technician SUBJECT: CONSIDERATION OF THE HUMAN RELATION COMMISSION’S RECOMMENDED PRIORITIES FOR THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS RECOMMENDATION 1. As recommended by the Human Relations Commission, approve Community Development Block Grant and Grants-In-Aid funding priorities for 2016. 2. Make a determination pursuant to Section 15061 (b)(3) General Rule and Section 15306 Categorical Exemption of the CEQA Guidelines that developing priorities for funding will not have a significant effect on the environment and is exempt from environmental review. BACKGROUND Community Development Block Grant (CDBG) The City’s annual CDBG review process provides Council and the public with an opportunity to provide early input in the grant award process. Establishing funding priorities is the first step in the process, which helps to maintain an open, inclusive and fair grant application process. The Human Relations Commission (HRC) is the advisor to the City Council on CDBG funding priorities and recommendations. The four steps in the CDBG review process include: 1. HRC hosts a “Needs Workshop”: The HRC hosts a public hearing to inform the public about upcoming funding amounts and how to apply for grants, to hear community views on grant funding needs, and to recommend funding priorities (held on September 2, 2015). Attachment A contains the draft minutes from this hearing. 2. Council priority-setting: Council sets CDBG and GIA funding priorities. This is scheduled for October 6, 2015. 3. CDBG applications hearing: HRC holds a public hearing to review CDBG applications in light of the adopted funding priorities and forwards its funding recommendations to the County for Program Year 2016. This is scheduled for December 2, 2015. 6 Packet Pg. 15 4. CDBG Program hearing: After the County releases the Draft One-Year Action Plan, the City Council holds a public hearing to approve the City’s 2016 CDBG Program and forwards its recommendation to the Urban County for inclusion in the final One-Year Action Plan. This is tentatively scheduled for February 2, 2016. Grants-in-Aid (GIA) The City’s GIA program serves to provide financial support to non-profit organizations that promote the economic and social well-being of the citizens of San Luis Obispo. The HRC is also the advisor to the Council on funding priorities and recommendations for the GIA program. The main steps in the GIA review process are similar to the CDBG process and include: 1. HRC “Community Needs Workshop”: The HRC hosts a public hearing to inform the public about upcoming funding amounts and how to apply for grants, to hear community views on grant funding needs, and to recommend funding priorities (held on September 2, 2015, minutes can be found in Attachment A). 2. Council priority-setting: Council sets CDBG and GIA funding priorities. This is scheduled for October 6, 2015. 3. GIA recommendations hearing: HRC holds a public hearing to finalize GIA recommendations. This is scheduled for May 4, 2016. These recommendations are then forwarded to Council. 4. GIA Program hearing: City Council reviews HRC recommendations and approves the City’s 2016 GIA Program. This is tentatively scheduled for July 5, 2016. Community Needs Workshop On September 2, 2015, the HRC completed the first step of both the CDBG and GIA programs by holding its community needs hearing. An audience of about 10 persons attended the hearing and 9 speakers addressed a wide variety of community needs. Testimony provided to the Commission and staff indicated that difficult economic conditions were continuing to drive an increase in service needs. Representatives from non-profits who spoke pointed to an increase in demand for services including: emergency shelter, homeless prevention and services, improved disability access, hunger prevention and nutrition, child care, senior services, affordable housing, business and self-employment training, and social programs. Representatives also discussed the reduction of funding at the federal, state and local level. The increase in demand along with a decrease in grant funding has strained providers’ ability to deliver core services. The service providers stressed the importance of the GIA and CDBG programs, and encouraged the HRC to continue its support. HRC Recommended CDBG Funding Priorities for Program Year 2016 After discussion of community needs and testimony provided by the public, the Commission reviewed the 2015 CDBG funding priorities and decided to re-affirm the priorities without modification. The HRC’s recommended 2016 CDBG funding priorities are: 1. Emergency and transitional shelter, homelessness prevention and services. 6 Packet Pg. 16 2. Develop and enhance affordable housing for low and very-low income persons. 3. Promote accessibility and/or removal of architectural barriers for the disabled and elderly. 4. Economic development (to include seismic retrofit, economic stability, low and moderate income jobs). The priorities adopted by Council set the framework by which the HRC reviews grant applications and recommends funding choices to the Council. Generally, most applications for CDBG funds fit intuitively within one of the listed categories. HRC Recommended GIA Funding Priorities for 2016 The HRC also reviewed the 2015 GIA funding priorities and decided to re-affirm the priorities without modification. The list below is bulleted instead of numbered specifically because the HRC does not rank these recommended funding priorities to allow maximum flexibility when making funding recommendations dependent upon the applications received.  Homeless prevention including supportive services and transitional housing  Hunger and malnutrition prevention  Supportive physical and mental health services  Services for seniors and/or people with disabilities  Supportive services for youth and their development; especially targeted to youth at risk Next Steps The next step in the CDBG and GIA program cycles is for the Council to consider the HRC’s recommendations and to affirm or revise the City’s funding priorities. This step is important because these priorities will guide the HRC’s actions when it reviews grant applications. These priorities will also guide Council’s final funding decisions when it considers CDBG funding recommendations on February 3, 2016, and GIA funding recommendations on July 5, 2016. ENVIRONMENTAL REVIEW The project is exempt from environmental review per Section 15061 (b)(3) General Rule and Section 15306 Categorical Exemption of the CEQA Guidelines. The project is an action to gather information and community feedback, and develop priorities to guide future decisions regarding the allocation of CDBG & GIA funding. Each grant request approved for funding will be subject to CEQA at the time the project is filed. It can be seen with certainty that the proposed action to develop priorities for funding will have no significant effect on the environment and is exempt from environmental review. 6 Packet Pg. 17 FISCAL IMPACT Decisions made regarding priorities will affect how CDBG and GIA applications are evaluated and chosen for support. The City receives CDBG funds through the County allotment and, while this does not directly impact the General Fund, to the extent that projects can be funded through CDBG, they are not otherwise requesting money from the City’s General Fund. The City does designate a portion of General Fund monies for the GIA program and the priorities expressed by the Council will influence how those grants will be aw arded. Establishing priorities has no immediate fiscal impact but can be helpful in allocating the CDBG and GIA funding regardless of the amount. ALTERNATIVES 1. The Council may modify the proposed funding priorities. 2. The Council may continue consideration of funding priorities. Direction should be given to staff regarding additional information needed to make a decision on priorities. This alternative is not recommended because the deadline to submit a request for 2016 CDBG funds ends on October 23, 2015, and applicants to the program benefit from knowing the City’s funding priorities in advance. Attachments: a - 09-02-2015 DRAFT HRC Minutes 6 Packet Pg. 18 Human Relations Commission Minutes Wednesday, September 2, 2015 Regular Meeting of the Human Relations Commission CALL TO ORDER A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on Wednesday, September 2, 2015 at 5:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Chair Tasseff. ROLL CALL Present: Commissioners Julia Jones, Carol Sexton, Gene Strohl, Maria Troy, Vice Chair Robert Clayton and Chair Michelle Tasseff Absent: Commissioner Janet Pierucci Staff Present: Tyler Corey, Housing Programs Manager; Jenny Wiseman, Planning Technician; Rebecca Gershow, Associate Planner; and Monique Lomeli, Recording Secretary CONSIDERATION OF MINUTES 1. Minutes of the Human Relations Commission Meeting of August 5, 2015 Motion by Commissioner Strohl, second by Commissioner Troy, carried 5-0 to approve the Minutes of the Human Relations Commission meeting of August 5, 2015. BUSINESS ITEMS 2. Neighborhood Matching Grants Presentation Associate Planner Gershow narrated a PowerPoint presentation entitled “Neighborhood Matching Grants”. In response to Commission inquiries, Ms. Gershow explained that the program is intended to allow flexibility for neighborhoods to self- select and define their own boundaries; stated that applications requesting funding for phased programs will be handled on a case-by-case basis. 6.a Packet Pg. 19 Attachment: a - 09-02-2015 DRAFT HRC Minutes (1129 : CDBG & GIA Funding Priorities) City of San Luis Obispo, Title, Subtitle Human Relations Commission Minutes of September 2, 2015 Page 2 PUBLIC HEARING 3. Overview of the Grants-in-Aid and Community Development Block Grant Process Planning Technician Wiseman narrated a PowerPoint presentation entitled “Community Needs Workshop”; provided an overview of the Grants-in-Aid (GIA) Program and the Community Development Block Grant (CDBG) processes, including applicant criteria, funding priorities, and the processing timeline for each program. PUBLIC COMMENT Chair Tasseff opened the public hearing. Jerry Rioux, Nipomo, expressed concerns regarding Americans with Disabilities Act (ADA) compliance in businesses throughout the City; suggested the City allocate funds toward education and awareness of ADA requirements. Jason Reed, W omen’s Shelter for San Luis Obispo County, expressed gratitude to the Commission for recommending the organization for GIA funding in the past; emphasized the Community’s critical need for affordable housing. In response to Commission inquiry Mr. Reed specified that the shelter also serves men, noting that it has two transitional housing properties; conveyed that the agency mission focuses on serving the needs of abused persons but partners with other agencies that offer related services. Julianne Mcadam, Senior Nutrition Program, briefly summarized services the organization provides and stated that there is a clear need for these services within the Community. In response to Commission inquiry Ms. Mcadam stated that the program provides free meals to people over the age of 60, serving approximately 1,600 meals countywide daily; pointed out that program costs are increasing due to the rising cost of food and delivery. Bryn Smith, Community Action Partnership of San Luis Obispo (CAPSLO), summarized services provided by the Maxine Lewis Memorial Shelter and the Prado Day Center. Dona Hare Price, Learn Connect Play, uses underutilized civic spaces to provide child care services for low-income and special needs children; indicated that the intent is to employ teachers with specialized training beginning in September 2016 with children attending 3-days a week for 3-hours each day. Biz Steinberg, representing CAPSLO, spoke on the need to address issues related to low-income housing, access to medical services, affordable childcare, affordable education. Mary Lou Zivna, Case Manager, CAPSLO, stated that the goal of case managers is to help clients obtain affordable housing and maintain stability; expressed appreciation to the Commission for supporting CAPSLO in the past. 6.a Packet Pg. 20 Attachment: a - 09-02-2015 DRAFT HRC Minutes (1129 : CDBG & GIA Funding Priorities) City of San Luis Obispo, Title, Subtitle Human Relations Commission Minutes of September 2, 2015 Page 3 Chuck Jehle, Mission Community Services, Women’s Business Center, spoke of his involvement in providing self-employment training for low - to moderate - income individuals; provided an overview of services and success rates. Carol Ramirez, Mission Community Services, Women’s Business Center, applauded the services provided by Mission Community Services, noting that she attended the 12 - week training course which assisted her in creating a small business and becoming financially stable. There being no others desiring to speak on this item, the public hearing was closed. 4. Establishing Grants-in-Aid and Community Development Block Grant Funding Priorities Staff requested Commission feedback on the possibility of ranking priorities and setting criteria to help with decisions on allocation of funds. Following Commission discussion, motion by Vice Chair Clayton, second by Commissioner Sexton, carried 6-0 to adopt GIA funding priorities as-is. Commission expressed the need to assess the actual financial needs of organizations requesting grants; suggested changing the existing budgetary questions on the grant application to include specific information to indicate whether or not funds allocated are intended to leverage other funding; expressed the desire to wean organizations with a history of GIA funding off of the program and encourage self-sufficiency or alternate funding options. Following discussion, motion by Vice Chair Clayton, second by Commissioner Strohl, carried 6-0 to accept Community Development Block Grant priorities as-is. COMMISSIONER COMMENTS Chair Tasseff directed staff to identify an appropriate point of contact for the public comment issue regarding ADA compliance and to follow up with the public speaker; and directed staff to keep the Commission updated on what requirements need to be met in order to establish GIA funding criteria for the 2017 grant cycle. ADJOURNMENT There being no further business, Chair Tasseff adjourned the meeting at 6:35 pm. to the next regular meeting scheduled for Wednesday October 7, 2015 at 5:00 p.m. in the Council Hearing Room at 990 Palm Street, San Luis Obispo. Respectfully submitted, Monique Lomeli Recording Secretary 6.a Packet Pg. 21 Attachment: a - 09-02-2015 DRAFT HRC Minutes (1129 : CDBG & GIA Funding Priorities) Page intentionally left blank. Meeting Date: 10/6/2015 FROM: Daryl Grigsby, Director of Public Works Prepared By: Gamaliel Anguiano, Transit Manager SUBJECT: SLO TRANSIT DBE GOAL AND METHODOLOGY RECOMMENDATION Authorize staff to establish the 1.7% Disadvantaged Business Enterprise (DBE) goal for federal funds related to SLO Transit enterprise fund. DISCUSSION Background As a federal funding recipient, the City of San Luis Obispo’s fixed-route bus system (SLO Transit) must establish Disadvantaged Business Enterprise (DBE) goals for expenditures and services. The SLO Transit DBE goal must be updated. Staff is recommending that the City establish our DBE goal as 1.7% for all U.S. Department of Transportation (DOT), Federal Transit Administration (FTA) assisted contracts for Federal Fiscal Year1 (FFY) 2015 through FFY 2017. The DOT DBE Program seeks to ensure nondiscrimination and increase participation to disadvantaged businesses in the award and administration of DOT-assisted contracts in the Department’s highway, transit, and airport financial assistance programs. It also looks to create a level playing field on which DBEs can compete fairly for DOT-assisted contracts with larger firms. The FTA Office of Civil Rights is responsible for monitoring FTA recipients' DBE programs and ensuring their compliance with DOT's DBE regulations. The program was established to ensure a level playing field and foster equal opportunity in federally assisted contracts and reduce burdens on small businesses. Certified DBEs include minority and/or woman-owned businesses. The DBE program is a requirement for all agencies receiving FTA planning and/or capital assistance that will award prime contracts exceeding $250,000 in FTA funds in a federal fiscal year. Goal Methodology The Code of Federal Regulations, Title 49 Section 26 (49 CFR 26) describes several methods to calculate a DBE goal. The simplest method (the one utilized by staff to develop SLO Transit’s FFY15 through FFY17 goal) specifies that a simple percentage of DBE can be calculated by 1 The Federal Fiscal Year is October 1 thru September 30 7 Packet Pg. 22 determining vendors in the contracted types of work be weighted in proportion of total contract opportunities in that type of work during an overall budget period. This proportion is then used to determine a base goal. Once calculated, the base goal can be further adjusted, as appropriate, to reflect the recipient’s actual experience or other qualifying factors such that the goal reflects area market conditions. The final goal is expressed as both the percentage of the federal dollars in DBE contract opportunities for the agency. SLO Transit’s goal will be reached by doing all of the following: 1) Obtaining DBE participation through a prime contract which a DBE obtains through customary competitive procurement procedures; 2) Obtaining DBE participation through a subcontract on a prime contract that does not carry DBE goals; 3) Obtaining DBE participation on prime contract exceeding a contract goal; and 4) Obtaining DBE participation through a subcontract from a prime contract that did not consider a firm’s DBE status in making the award. In previous years, SLO Transit adopted annual goals of 2% DBE participation. Attachment A shown a full description of the calculations used by Staff to arrive at a 1.7% DBE participation goal for this cycle. The following is a summary of that process: 1) Assess how much Federal funding will be used in the DBE timeframe (FFY 15 through FFY 17).2 2) Identify our market area where we may draw contract or service providers that could include DBE businesses.3 3) Review State list of total registered contractors or service providers that exist within the market area and percentage of DBEs. 4) Of the total amount of Federal funds to be used, determine how much is used in each of the four major Federal major use categories. Due to the makeup of SLO Transit, all federal funds for FFY 15 – 17 will be only in the service contract.4 5) Apply the DBE % in each of the four major categories of Federal expense to determine DBE goals. 6) Adjust final DBE goal based upon past performance and success rate in meeting DBE goals.5 2 It is projected that SLO Transit will receive approximately $1.4 million per year in FTA funding for the FFY15 - FFY17 period. 3 DBE goals for direct labor cost, fuel and vehicle acquisition costs are not req uired by FTA for the City to access federal funding. 4 SLO Transit has only one major projected contract for the operations and maintenance associated with providing the service. This contract is due to expire on June 30th, 2016. As in the past, SLO Transit will include in the RFP and contract language that if awarded to a non-DBE vendor, such primary vendor must also adopt the City’s DBE goal or demonstrate a good faith effort in achieving it. 5 SLO Transit attempted to achieve 2% DBE goal but was not successful in achieving this goal due to limited opportunities of construction projects. And with the calculated rate falling well below the goals of the last three years, the calculated goal has been determined to be 1.7%. 7 Packet Pg. 23 SLO Transit’s proposed DBE Goal for FFY15 through FFY17 and supporting documents for SLO Transit’s DBE Program are available for public inspection through October 30, 2015 at SLO Transit’s Administrative Offices (919 Palm St.) and on our website at www.slotransit.org. SLO Transit will adjust its DBE goal, if necessary, as future budgets are established or if contracting opportunities increase due to new capital federal funding sources. FISCAL IMPACT There is no fiscal impact in establishing these goals. ALTERNATIVE Do not approve the goal. This is not recommended because it will prevent SLO Transit’s ability to receive Federal dollars. Attachments: a - SLO DBE Goal Methodology - FFY15-FFY17 7 Packet Pg. 24 Methodology For Calculating the Proposed DBE Goal for Federal Fiscal Year 2015 through Federal Fiscal Year 2017 (FFY15-FFY17) The City of San Luis Obispo’s SLO Transit fixed-route bus system (SLO TRANSIT) is proposing an overall Disadvantaged Business Enterprise (DBE) goal of 1.7% for U.S. Department of Transportation, Federal Transit Administration (FTA) assisted contracts in federal fiscal years 2015 through 2017 (FFY15 through FFY17). Prior to FFY15, the FTA required that any recipient of greater than $250,000 in FTA funds annually must establish a DBE goal. Recently, the FTA shifted from a requirement to calculate annually the DBE goal to calculating it every three years. As such, SLO TRANSIT is herein complying with this new requirement. SLO TRANSIT will receive approximately $1.1 million in FTA funding in FFY15 through FFY 17. Staff calculated the three-year DBE goal based upon the proposed SLO TRANSIT FY14-15 budget. SLO TRANSIT will adjust its DBE goal, if necessary, when future budgets are known or if contracting opportunities increase due to new capital federal funding sources. The Code of Federal Regulations, Title 49 Section 26 (49 CFR 26) describes several methods to calculate a DBE goal. The method staff chose to develop SLO TRANSIT’s FFY15 through FFY17 goal specifies that a simple percentage of DBE vendors in the contracted types of work be weighted by the proportion of total contract opportunities in that type of work as shown in the overall budget to determine a base goal. The base goal is to be further adjusted, as appropriate, to reflect the recipient’s actual experience or other qualifying factors to narrowly tailor the goal to local market conditions. The final goal is expressed as both the percentage and the amount of federal dollars in DBE contract opportunities. SLO TRANSIT’s goal will be reached through race neutral means by doing the following: DBE participation through a prime contract a DBE obtains through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry DBE goals; DBE participation on prime contract exceeding a contract goal; and DBE participation through a subcontract from a prime contract that did not consider a firm’s DBE status in making the award. SLO TRANSIT will not reach its goal through race conscious contract goals. To calculate SLO TRANSIT’s proposed FFY15 through FFY17 DBE Goal, staff used data from the proposed SLO TRANSIT FY14-15 budget, the latest (2008) US Bureau of Census County Business Patterns (CBP) database, and the California Department of Transportation (Caltrans) database of all statewide certified DBE vendors. Both the CBP and Caltrans DBE vendor database offer vendor groupings according to the type of work they perform as categorized by the North American Industry Classification System (NAICS), which provides a two to six-digit number corresponding to 7.a Packet Pg. 25 Attachment: a - SLO DBE Goal Methodology - FFY15-FFY17 (1121 : SLO TRANSIT DBE GOAL AND METHODOLOGY) every known type of work performed by businesses in North America. In order to compare data from all three data sources using a common classification, staff identified all of the goods and services that SLO TRANSIT typically contracts by a corresponding NAICS code. The following text and tables describe the steps taken to calculate the goal. First, staff examined the proposed SLO TRANSIT FY14-15 budget to determine the type and amount of contracts which could be awarded from the operating and capital sections of the budget. From an operating and capital budget of $3,633,658, potential contract opportunities equal $3,068,203 outside of vehicle procurement. The FTA provides an estimated $1,189,140 in operating and capital funding assistance. The following table shows the calculations for the first step. (A) (B)(C)(D)(E) Total $ Procurement in Operating & Capital Budget $ Procurement in Operating & Capital Budget (B)/(A) $ FTA Operating & Capital Assitance $ FTA Operating & Capital Assitance in Procurement (C)*(D) FY15 Operating Budget 3,633,658$ 3,068,203$ 84%1,189,140$ 1,004,091$ FY15 Capital Budget 199,740$ 199,740$ 100%199,740$ 199,740$ Total: 3,833,398$ 3,267,943$ 1,388,880$ 1,203,831$ Step 1: SLO Transit FY15 Operating & Capital Budget Contract Opportunities Second, staff identified every piece of potential contract work in the FY14-15 budget by a corresponding NAICS code. Staff aggregated the types of work into the four broader Procurement Groups of Construction, Transportation, Wholesale and Services identified in the Step 2 Table below. The four Procurement Groups derived from all contract opportunities are shown in the following table by dollar amount and percentage of total contract opportunities in each Procurement Group. Procurement Group Construction Transport Wholesale Services Total $in Group (FY15 Budget)-$ -$ -$ 1,589,580$ 1,589,580$ % of All Procurements in Group 0.0%0.0%0.0%100.0%100% $ FTA in Group {(1)%* $ Step 1. (E)}-$ -$ -$ 1,203,831$ 1,203,831$ Step 2. SLO Transit’s FY15 Operating & Capital Budget Contract Opportunities by Procurement Group Third, staff determined the market area from which vendors who bid on SLO TRANSIT contracts would likely be chosen. Since it is conceivable that a vendor may come from as far north as Sonoma, or as far south as Santa Barbara for the award of a large contract, staff included all of Caltrans Districts 04 and 05 when conducting its DBE calculation. In addition, staff included any DBE vendor in the state that indicated that they perform work in Districts 04 and 05, regardless of the vendor’s location. The following fourteen counties fall within Caltrans Districts 04 and 05, creating SLO TRANSIT’s market area:  Alameda County  Contra Costa County  Marin County  Monterey County 7.a Packet Pg. 26 Attachment: a - SLO DBE Goal Methodology - FFY15-FFY17 (1121 : SLO TRANSIT DBE GOAL AND METHODOLOGY)  Napa County  San Benito County  San Francisco County  San Luis Obispo County  San Mateo County  Santa Barbara County  Santa Clara County  Santa Cruz County  Solano County  Sonoma County After determining the market area, staff extracted a count of all vendors in the market area from the County Business Patterns (CBP) database by using the same NAICS code attached to each piece of potential contract work in the SLO TRANSIT FY-1415 budget. Next, staff performed exactly the same operation on the Caltrans DBE vendor directory to obtain a count of DBE vendors in the SLO TRANSIT market area. The count of all vendors, DBE vendors and the percentage DBE vendors by Procurement Group in SLO TRANSIT’s market area are shown in the following Step 3 Table. Procurement Group Construction Transport Wholesale Services # of Firms 2382 485991 221210,323110, 423120,423130, 424120,424720, 8112 522190,5241, 541, 561612, 561720,562112, 621111,8111, 812332 In NIACS Caltrans District 4 Alameda 671 17 1,492 7,612 9,792 Contra Costa 471 6 734 5,040 6,251 Marin 181 7 260 2,353 2,801 Napa 85 1 106 692 884 San Francisco 377 18 573 7,448 8,416 San Mateo 427 20 743 4,179 5,369 Santa Clara 797 16 1,448 10,822 13,083 Solano 190 6 318 1,047 1,561 Sonoma 393 6 461 2,383 3,243 Caltrans District 5 Monterey 219 325 1,448 1,992 San Benito 29 33 135 207 San Luis Obispo 210 267 1,486 1,963 Santa Barbara 260 4 371 2,201 2,836 Santa Cruz 173 1 210 1,358 1,742 TOTAL: 4,483 102 7,341 48,204 60,140 Step 3. SLO Transit's Market Area Firms by NAICS in Procurement Group Total Firms and Certified DBEs Construction Transport Wholesale Services #DBE's NAICs NAICs NAICs NAICs in NAICs Distrist 04 & 05 & Statewide DBE's 155 6 77 824 1062 % DBE's 3.46%5.88%1.05%1.71%1.77% Sources: US Bureau of the Census, County Business Patterns, 2008 CA Dept. of Transportation, UCP Directory of DBEs, 5/1/14 Certified DBE's 7.a Packet Pg. 27 Attachment: a - SLO DBE Goal Methodology - FFY15-FFY17 (1121 : SLO TRANSIT DBE GOAL AND METHODOLOGY) Fourth, staff used the DBE percentage obtained above for each Procurement Group and multiplied that by the percentage (weight) of the total work to be performed in that Procurement Group as determined in Step 2. This produced the base DBE goal for FFY15 through FFY17. Construction Transport Wholesale Services Total % DBE's in Market Area 3.45%5.88%1.05%1.71%1.77% % Contract $ in Group 0.0%0.0%0.0%100.0%100% Weighted %DBE(% Contracts*%DBE)0.00%0.00%0.00%1.71%1.71% $ FTA Assistance -$ -$ -$ 1,388,880$ 1,856,244$ $ FTA in DBE Contracts %DBE * Total $ FTA Assistance - - - 23,741.54 23,742 Step 4: SLO Transit's FFY15-FFY 17 DBE Goal for FTA Assisted Contracts To obtain the final DBE goal using the chosen method prescribed by 49 CFR 26.45, staff examined the actual rate of DBE participation during the last three years relative to the adopted DBE goals to determine if the FFY15 through FFY17 base goal should to be adjusted. Although SLO TRANSIT didn’t need to set a DBE goal due to the fact that the only projects was direct labor cost, fuel and vehicle cost that was purchase with FTA funding, SLO TRANSIT attempted to achieve 2% DBE goal and was not successful in achieving this goal. SLO TRANSIT had no large construction contracts available to bid during the analysis period. Due to an increase in FTA funding and an increase in current contract opportunities, SLO TRANSIT therefore the need to adjust the base goal down. In previous years, SLO TRANSIT adopted annual goals of 2% DBE participation. SLO TRANSIT’s FY14-15 capital budget has no significant contract opportunities as it relates to large construction projects, which would warrant an upward adjustment to the FFY15 through FFY17 goal. SLO TRANSIT’s capital contracting funds have been on a consistent decline since 2008. And with the calculated rate falling well below the goals of the last three years, staff decided that the calculated goal needed to be adjusted down to 1.7%. SLO Transit has only one major contract for the operations & maintenance associated with providing the service. This contract is due to expire on June 30th, 2016. As in the past, SLO Transit will be sure to include in the RFP and contract language that if awarded to a non -DBE vendor, such primary vendor must also adopt the same DBE goal and or demonstrate a good faith effort in achieving it. If approved by the City Council, SLO TRANSIT will establish a DBE Goal of 1.7% for FFY15 through FFY17. SLO TRANSIT’s proposed DBE Goal for FFY15 through FFY17 and supporting documents for SLO TRANSIT’s DBE Program are available for public inspection trhough August 6, 2015 at SLO TRANSIT’s Administrative Offices, 919 Palm St. and on our website at www.slotransit.org. 7.a Packet Pg. 28 Attachment: a - SLO DBE Goal Methodology - FFY15-FFY17 (1121 : SLO TRANSIT DBE GOAL AND METHODOLOGY) Page intentionally left blank. Meeting Date: 10/6/2015 FROM: Keith Storton, Acting Chief of Police Prepared By: Kerri Rosenblum, Communications & Records Manager SUBJECT: 9-1-1 EQUIPMENT UPGRADE RECOMMENDATION Award the contract between AT&T and the City using the State Master Purchase Agreement to replace the existing 9-1-1 phone system equipment with new and upgraded 9-1-1 equipment. DISCUSSION Project Detail The main purpose of this item is to authorize the replacement of the 9 -1-1 system. The goal of the State of California 9-1-1 Section Branch (CA 9-1-1 Branch) is to enable each agency that provides dispatch services (also known as a Public Safety Answering Point or PSAP which is the City’s Emergency Communications Center) to provide the fastest, most reliable, and cost- effective access to emergency services for any 9-1-1 caller in California. In order to keep vital 9-1-1 equipment current and reliable the CA 9-1-1 Branch created a funding policy and Master Purchase Agreement (MPA) for California agencies. Every five to seven years, a PSAP can submit a request to the State to upgrade or replace 9-1-1 equipment. The City needs to replace the 9-1-1 equipment at the Emergency Communications Center in 2016. The MPA are contracts that are competitively bid and available to agencies that expend public funds. These types of agreements establish a pre-qualified list of vendors and simplify the purchasing process for the end user, by utilizing fair and reasonable pricing. PSAPs may use the MPA to purchase Customer Premise Equipment (CPE) and maintenance services. The State of California awarded the new statewide 9-1-1 Systems and Services MPA to nine contractors who were responsive to the Request for Proposal (RFP) 1104-14 technical and administrative requirements. Use of the MPA is not mandatory; however, it offers direct funding by the CA 9-1-1 Branch to the Contractor. However, PSAPs may choose to use their local procurement processes, pay the Contractor direct, and request reimbursement from the CA 9-1-1 Branch. In order to provide funding in an equitable manner throughout the State, the CA 9-1-1 Branch has established a CPE funding fixed allotment calculation that is based on each PSAP’s volume of 9-1-1 calls. The State performed a 9-1-1 call-traffic analysis and calculated the City’s allotment at $330,000. 8 Packet Pg. 29 AT&T provided a quote in the amount of $254,041.13. Our City has a long standing good relationship with AT&T. The Dispatchers are comfortable using the proposed equipment and we would like to continue with services provided. Vendor Selection – 9-1-1 System In addition to being on the MPA list with pricing some Vendors will make contact with agencies coming up for renewal. AT&T was the first vendor to contact our agency and provide a quote to the City. AT&T has been our supplier for the last decade. In 1998 the City shifted from AT&T based on a previous System Administrator request but moved back to AT&T with the next contract while designing the new Emergency Communications Center in 2006. AT&T has been the City’s contractor since that time and provides a complete system and services from the 9-1-1 trunks to maintaining the phone consoles. They also have local personnel for maintenance, support, and troubleshooting. The Emergency Communications Center currently uses the VIPER system and is comfortable with this equipment for answering both emergency and nonemergency phone calls. In addition to upgrading current equipment AT&T has included three Mobile Phone Lap Top computers which will be used for answering 9-1-1 and business calls but will also be deployable in the event of an evacuation or major disaster. These three lap tops will help achieve our goal toward disaster preparedness. They are also installing DSL or other high speed connectivity for remote access. Another quote was provided by Carousel Industries which was recently added to the MPA. They proposed a different vendor’s phone system and provide training for our IT staff as first responders for trouble shooting in addition to their remote access. They currently do not have city or county local support personnel. Our City’s IT department is minimally staffed and adding high liability 9-1-1 equipment to their workload would not be prudent. In addition their final quote came in at $316,208.96. AT&T has a proven track record providing service and support to our City. Their quote is the least expensive and they are offering the same phone system that our employees are comfortable using. Additionally we will gain three phone laptops for field operations in the event of an evacuation. City policy (Financial Management Manual Section 405-I) allows the use of cooperative purchasing contracts which is being proposed in this case. CONCURRENCES A presentation of the CA 9-1-1 Branch Funding was provided to the IT Network Services Staff, the Finance and IT Director, and Police Staff on August 26, 2015 by the Communications & Records Manager. There was unanimous agreement to use the State MPA and to select AT&T as the vendor for the 9-1-1 upgrade. 8 Packet Pg. 30 FISCAL IMPACT The City Council approved the capital improvement project to replace the 9-1-1 system as part of the 2015-17 Financial Plan. Funding allocated was $250,000 for the 9-1-1 system replacement. Since that time, the State has authorized funding in the amount up to $330,000. The AT&T quote is in the amount of $254,041.13. Through the contract agreement the State will pay AT&T direct for the proposed system. As a result of the direct billing to the State no budget amendments are required. The fact that State funding has become available for this project means that some of the 9-1-1 CIP will be repurposed to purchase the audio recording system and five years of maintenance which has turned out to be about $32,000 more expensive than anticipated. Staff is hopeful that the State funding may cover both the 9-1-1 system upgrade and the audio recording system. Once both projects are completed the remaining CIP funding will be returned to the appropriate fund balance. ALTERNATIVE The City could choose Carousel Industries as the new vendor and support for our 9-1-1 equipment. The price of this contract is significantly higher and the City is working to apply residual funds towards the CIP for the Audio Recording Equipment replacement as it has a direct nexus to 9-1-1. The City would also need to reevaluate how it prioritizes deployment of its IT personnel because this option would require increased levels of devoted staff.. Attachments: a - Advanced Notification for CP Equipment Funding b - AT&T Quote c - AT&T Statement Of Work d - Carousel Industries Quote 8 Packet Pg. 31 8.a Packet Pg. 32 Attachment: a - Advanced Notification for CP Equipment Funding (1133 : 9-1-1 System Upgrade) DATE 9/30/2015 Account Manager Jeff Cushman System:Power911 VIPER Phone 858-886-1140 PowerMIS Email jc6785@att.com Number of Positions 6 Tax Rate 8.000% Equipment 97,049.05$ Includes: Number of Positions:6 Taxable Equipment 95,869.05$ Tax 7,669.52$ Installation and Training 51,136.31$ Subtotal 155,854.89$ $1,562.48 74,999.04$ System Total:$230,853.93 Equipment and Training 13,129.64$ Includes: Number of Positions:6 Taxable Equipment 12,306.19$ Tax 984.50$ Installation 841.55$ Subtotal 14,955.69$ $171.49 8,231.52$ System Total:$23,187.21 Grand Total:$254,041.13 This Quote Valid until 12/29/2015 Maintenance: x 48 Months Maintenance Years 2-5 Year 1 included with system AT&T supplied access is for remote maintenance. AT&T to supply host network connectivity and high speed remote access Installation Training Quote Summary Customer San Luis Obispo Police Department PowerMIS Pow er911 VIPER Installation Training Maintenance: x 48 Months Maintenance Years 2-5 Year 1 included with system Proprietary Information Not for use or disclosure outside AT&T without written agreement 1 of 1 8.b Packet Pg. 33 Attachment: b - AT&T Quote (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 This Scope of Work and associated Cost Table is valid 120 day from above date San Luis Obispo Police Department With SCOPE OF WORK For Power 911 / VIPER Power MIS Project 8.c Packet Pg. 34 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 This Scope of Work and associated Cost Table is valid 120 day from above date Table of Contents 1.0 OVERVIEW ........................................................................................................................1 1.1 PURPOSE & OBJECTIVES ...................................................................................................1 1.2 REUTILIZATION OF EXISTING EQUIPMENT .............................................................................2 1.3 EQUIPMENT REMOVAL & DISPOSAL .....................................................................................2 2.0 DESIGN SOLUTION...........................................................................................................2 2.1 CALL PROCESSING .............................................................................................................2 2.2 BACKROOM SYSTEM ..........................................................................................................4 2.3 SYSTEM GROWTH CAPABILITIES .........................................................................................5 2.4 CONNECTIVITY ...................................................................................................................5 2.5 SYSTEM PROGRAMMING .....................................................................................................5 2.6 INTEGRATION REQUIREMENTS .............................................................................................6 3.0 CHANGE REQUESTS ........................................................................................................6 4.0 ACCEPTANCE TESTING ...................................................................................................7 5.0 RESPONSIBILITIES ..........................................................................................................7 5.1 AT&T PROJECT TEAM .......................................................................................................7 5.2 PROJECT MANAGER ...........................................................................................................8 5.3 AT&T RESPONSIBILITIES ...................................................................................................8 5.4 SAN LUIS OBISPO PD RESPONSIBILITIES .............................................................................8 6.0 INSTALLATION SCHEDULE .............................................................................................9 7.0 MAINTENANCE PLAN .......................................................................................................9 7.1 MAINTENANCE AND REMOTE ACCESS SERVICES CAPABILITIES .............................................9 7.2 POST-INSTALLATION SUPPORT LIMITATIONS ......................................................................10 7.3 REPAIR OF UNSUPPORTED FAILURES ................................................................................11 8.0 TRAINING .........................................................................................................................11 8.1 SUPERVISOR/DISPATCHER TRAINING .................................................................................11 8.2 TRAINING DOCUMENTATION ..............................................................................................11 8.3 SERVICE MANUAL DOCUMENTATION ..................................................................................11 9.0 DOCUMENT ACCEPTANCE............................................................................................12 APPENDIX A: AGENCY COMPLIANCE - SITE CERTIFICATION DOCUMENT ......................13 APPENDIX B: LAN/WAN POLICY .............................................................................................14 APPENDIX C: DISPATCH AND EQUIPMENT FLOOR PLANS ................................................15 APPENDIX D: PRICING & TERMS ............................................................................................17 APPENDIX E: CHANGE ORDER REQUEST FORM .................................................................18 APPENDIX F: MAINTENANCE PROCEDURES ........................................................................19 8.c Packet Pg. 35 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 1 Prepared By: Robert Russo 1.0 OVERVIEW 1.1 Purpose & Objectives The purpose of this document is to describe the work to be performed by AT&T California (herein referred to as Contractor) in satisfying the E9-1-1 system requirements for San Luis Obispo PD (herein referred to as Agency). In order to achieve the proposed system design the following system work operations are required: Upgrade existing Intrado Power 911/VIPER system. The aforementioned equipment will be used to terminate various trunks, lines and data circuits required to process E9-1-1, and administration calls by the Agency. AT&T will provide the following products: Intrado Call Processing Equipment Qty Power 911/VIPER 1 VIPER Core Servers (4) & Software (OS, SQL, etc.) 1 Power 911 Server 2 CAMA Interface Module (4 trunks per module) 5 AIM Modules (4 lines per module) 4 VIPER Gateway Shelf 2 -48V Power Supply & Shelf for VIPER system 2 24 Port Ethernet Switch 6 Power 911 Intelligent Workstations (includes CPU, VIPER backroom interface components, Audio Interface equipment, keyboard, and mouse). 6 Integrated Telephony & Radio Recorder (ITRR) 6 22" Flat panel widescreen monitor w/ built-in speakers 6 Genovation 48 button keypad 3 Laptop Position (includes laptop, docking station, backroom interface components, audio interface equipment, keyboard, mouse, transport case, and Power 911/VIPER license/software. Includes 22” widescreen monitor, Genovation keypad, IRR, and other ancillary equipment. (Included at no cost to Agency) Intrado Data Management Equipment Qty Power MIS 1 Power MIS Server 6 Power MIS Data License (per position) 3 Power MIS Data License (per laptop position) (included at no cost to Agency) 1 Power MIS Concurrent Client License 1 Network (color) printer Agency will supply following system components: Qty Item Description - Building UPS for backroom and positions 8.c Packet Pg. 36 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 2 Prepared By: Robert Russo System components NOT included in the sale: Item Description CDR Printer / ePrinter IP Admin Phones Power Map Upgrade NetClock Long-term Voice Recorder (LVR) UPS (backroom/positions) **Please refer to Line Item price list for all parts in Appendix D.** The equipment provided by ATT will comply with State of California Contract 5-5- 12-58-01 AT&T CALIFORNIA and any FCC requirements for E9-1-1. It will also meet the NENA requirements for displaying ANI/ALI Phase II wireless calls. 1.2 Reutilization of Existing Equipment The following equipment has been certified to be compatible with current technology and in good condition. This equipment will be reutilized: Qty Item Description 6 Existing backroom to workstation wiring Re-utilization of existing equipment may require additional system down time that results in the Agency going to Alternate Answer. *Note: Any IWS workstation that can be re-used for peripheral purposes will be evaluated for use. All workstations must meet minimum vendor specifications to be re-used. 1.3 Equipment Removal & Disposal Intrado Equipment The following equipment will be left at the Agency’s building by AT&T:  VIPER & Power 911 servers, workstations and ancillary components  Miscellaneous VIPER components not being re -used In the event the old equipment must be removed, AT&T technicians will work with the Agency’s personnel to remove the above equipment. AT&T technicians will place old equipment in an area designated by the Agency. AT&T technicians will not remove any existing equipment from San Luis Obispo PD’s building. 2.0 DESIGN SOLUTION 2.1 Call processing System Overview AT&T will provide a complete E9-1-1 system solution from a high-level perspective by deploying Call-Processing, and Data-Management related system equipment. The 8.c Packet Pg. 37 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 3 Prepared By: Robert Russo functionality of these system components when coupled together enables the Agency with the capability to process E9-1-1 and administrative type calls and other various PSAP emergency and non-emergency functions. While also creating a system solution that enables the Agency to gather, process, and statistically report all critical 911/administrative call information. AT&T will implement Intrado’s Call-Procession suite of hardware/software application (s): Power 911/VIPER and Power MIS for this E9-1-1 system design solution. AT&T will achieve these system objectives by implementing the following managed work operations: Call-Taker/Radio Positions in Dispatch Area Install six (6) workstations (positions 1-6) with: Power 911 and ITRR. These positions are AT&T provided workstations. Each workstation includes: a 48-button Genovation keypad, (1) 22” flat panel widescreen monitor, keyboard, mouse, SONIC box, and a single handset jack (telephony only) configured as a call-taking / dispatching position(s). The existing wiring to each position will be reused. The existing cabling is: four CAT5 cables to each position from the backroom. The CAT5 cable is provisioned as follows: (1) Power 911 Primary NIC, (1) Power 911 Secondary NIC, (1) for LTR position-based recording, and (1) for future/spare). Laptop Positions Install three (3) laptops (positions 7-9) with: Power 911 and ITRR. These positions are AT&T provided laptops. Each workstation includes: a 48-button Genovation keypad, (1) 22” flat panel widescreen monitor, keyboard, mouse, SONIC box, transport case, and a single handset jack (telephony only) configured as a call-taking / dispatching position(s). These are provided as part of the solution at no additional cost to the Agency or State. These will replace the existing SNOM IP phones. ITRR Integrated Telephony and Radio Recorder (ITRR) is a short-term recorder and is used to record both telephony audio (from Power 911) and radio audio (from radio console) so it can be played back as desired by the user. It is configured for an eight hour continuous first-in, first out method. Playback output is done via external speakers only at this time (cannot be played via head/handset). Audio Interface In order to ensure proper audio functionality at each IWS position and facilitate audio connectivity with third party audio devices at the Agency loca tion, the system design includes a SONIC Box that hands off telephony audio (from Power 911) to a radio console. The SONIC Box also provides a two wire audio path of position audio that will be terminated to AT&T provide long-term voice recorder. The demarcation point for this audio will be located in the backroom. This enables the radio console to provide headset sharing between phone and radio. The radio console will perform the audio arbitration/switching thus the radio headset jackbox would provide both telephony and radio audio. 8.c Packet Pg. 38 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 4 Prepared By: Robert Russo Only Intrado tested and certified headsets and amplifiers (as per the List of Approved Headsets, revision 44, document) are supported. Any non-approved headset or amplifier will be supported on a “best effort” basis. Power MIS Clients The Power 911 workstations can be configured for client access to Power MIS on one or more positions and further configured by Power 911 user logon. This will determined during implementation. Printer A networked color (laser) printer is include d in this solution which can be used by both the Power911/VIPER and Power MIS systems. This printer will be installed in dispatch. 2.2 Backroom System System Overview 911 CAMA trunks originating from the Agency’s serving central office tandem will be terminated on the VIPER system (via CAMA Interface Modules) controller equipment located in the backroom. Analog lines such as 10-digit emergency, 10-digit admin lines, and ring-down lines will be terminated on the VIPER (via AIM modules) call processing equipment also located in the backroom. The AIM modules are also known as admin gateway, in that it processes voice and data (Caller-ID) type calls using FXO signaling along with supporting standard FSK format Caller-ID decoding. Digital trunk(s) are not a part of this solution. Please refer to the Trunks & Lines table below for a full list of lines that are a part of this design. VIPER Install VIPER hardware in one cabinet located in Telco equipment backroom. It should be noted that the VIPER equipment will be installed in a pre-racked cabinet (see dimensions in equipment list table in Section 1.1). The VIPER equipment cabinet must be able to fit in all areas leading to the Telco equipment room. NetClock AT&T will interface to the existing 9188 Spectracom Eth ernet Time Server. ALI The existing network geographic diverse 56K Data circuit (DS0) that carry the Automatic Location Identification (ALI) data will terminate in the AT&T provided router, which is connected via RS-232C cables to the VIPER servers. CAD AT&T will provide an interface connection demarcation point between the VIPER server and Agency provided Computer Aided Dispatch (CAD) computer system via a RS-232C cable located in the backroom. If the data rate of this RS232C connection is set for 9600 bps there is a 50ft limitation imposed on this connection. This 50 foot limitation can be increased with the use of an Agency provided RS232c extender. AT&T can provide a quote to the Agency to provide this RS232c extender to overcome the 50 foot distance limitation of the CAD to AT&T backroom. Firewall 8.c Packet Pg. 39 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 5 Prepared By: Robert Russo The VIPER system includes a firewall to give remote access to AT&T for support and maintenance. A dedicated broadband (DSL or higher) connection to the firewall is required and will be provided by AT&T. 2.3 System Growth Capabilities AT&T warrants that the hardware, software and operating systems sold are current at the time of shipment. Software and hardware manufacturers continually upgrade their products. This may require the Agency to upgrade hardware, software or operating systems in the future in order to expand this system. The maintenance package included in this sale does not include software/hardware upgrades required for expansion or integration. The modular design of VIPER allows the system to be configured to accommodate up to (192) - E9-1-1 Positions, (192) - incoming 911 trunks, and (192) – analog lines (supports Caller-ID). San Luis Obispo PD’s system will be configured with a capacity of (8) 911 CAMA trunks, currently using (8), leaving a future growth of (0) 911 CAMA trunks. This system is also configured with a capacity of (20) analog lines, currently using (17) leaving a future growth of (3) lines. The number of modules in this system was based upon the needs and requirements of the Agency at time of system design. Additional equipment cards and/or hardware may be added to the system to increase lines or positions. 2.4 Connectivity Trunks & Lines Qty Trunk Line Definition 8 E9-1-1 CAMA Trunks 5 Emergency Lines (as inventoried below)  783-7730  783-7731  783-7732  543-1613  543-5461 12 Other Lines (as inventoried below)  781-7312  781-7318  781-7320  781-7354  781-7355  Fire Com (781-7746)  781-7357 (Fire)  Front Door  Lobby Door  Medcom  Red Phone  Gate 2.5 System Programming The system will be programmed with a log in ID for each Administrator/Supervisor. The administrators/ Supervisors will have all the capabilities that the dispatchers have as well as additional capabilities requested by the Agency. The “master” speed dial list will be the same for each position and the site supervisor/administrator will have the capability to change, add, and delete speed dials on the “master” list. 8.c Packet Pg. 40 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 6 Prepared By: Robert Russo The system will be programmed with a log in ID for each dispatcher. There will be a single Agent Profile for all dispatchers that will have the same configuration, colors and icons. The system programming requirements may be changed at the request of the Agency during the Installation process. The AT&T Project Manager will work with the Agency to meet the Agency’s specific needs. All system programming on Power 911 and Power MIS, will be handled by AT&T. All initial system programming will be to replicate the current operation of San Luis Obispo PD as closely as possible. If it is determined during design sessions that chang es need to be made, they can be made at that time. Once the system is cutover and accepted, any further adds, moves, and changes will be performed on a Time and Materials basis at the prevailing contract rates. (Examples of adds, moves, and changes are: Adding 7 digit emergency lines to the system ; moving a Power 911 position to another location; changing the DID number on a position). 2.6 Integration Requirements AT&T will be the integrator for all telephony-related issues. AT&T will be responsible for installation and maintenance of all network facilities terminating into the connector block installed at each position. CAD Interface The Power 911 E9-1-1 system provides a CAD Interface Port that allows other system devices to interface with emergency call information. It will provide the retrieved ANI/ALI for an emergency call, as well as the answering position identification on an ASCII RS - 232C port. The demarcation point for the Agency CAD system is the labeled serial port/connector from the VIPER server(s) in the equipment room. Building Modifications All building modifications are the responsibility of the Agency. The AT&T Project Manager will work closely with the Agency to determine proper timeline coordination for a smooth system implementation. Please refer to Appendix A for the specific modifications to be performed by the Agency. 3.0 CHANGE REQUESTS The Agency may at any time, by written order, and without notice to the Contractor’s sureties, submit a change order to the Contractor. Within ten (10) working days of receiving a proposed change order, the Contractor will submit a written cost estimate, which will include adjustments to the Project Price, Project Schedule, Statement of Work, Acceptance Criteria, or any other obligations of the Contractor, as applicable. The Contractor or the Agency may also decline the change order, depending on the nature of the requested changes. The Contractor may also propose a change order involving additions, deletions, or revisions to the work, or any obligations imposed upon the Parties under this agreement. 8.c Packet Pg. 41 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 7 Prepared By: Robert Russo AT&T’s changes to the system design or individual component changes will be submitted to the Agency for approval using the Change Request Form shown in Appendix E. The Agency will appoint a single individual as a Project Manager. Change Orders will be approved in writing, by the Agency's Project Manager. The Contractor will not proceed with any work contemplated in any proposed Change Order until it receives written notification to commence such work from the Agency’s Project Manager. 4.0 ACCEPTANCE TESTING Final system acceptance for this Scope of Work will occur when the standards of performance of the State contract which can be reviewed at: http://www.calema.ca.gov/PSC/Pages/Services/911/911 -Systems-and-Services-Master- Purchase-Agreements.aspx. These will have been met after 240 consecutive hours of operation following the cutover date. During these 240 hours, the system will function without interruption, as defined by contract and according to the project specifications. If the 9 -1-1 system fails to meet the standards of performance, then the 240 hour system acceptance period will re -start following correction of the problem. Once the system is accepted, any further adds, moves and changes will be performed on a Time and Materials basis at the prevailing contract rates. 5.0 RESPONSIBILITIES 5.1 AT&T Project Team Contacts Role Name Phone / Fax / Pager Mail / E-mail Provisioning Manager Gayle Kinn Phone: (916) 972-2283 Cell: (916) 213-4619 gk5619@att.com 3707 Kings Way #C33 Sacramento, CA 95821 Application Sales Executive Jeff Cushman Phone: (858) 886-1140 Fax: (707) 427-7569 Cell: (619) 917-6568 jc6785@att.com 7337 Trade St. Room 4900 San Diego, CA 92121 9-1-1 Service Executive Don Baca Cell: (775) 313-2181 db3165@att.com 10550 W Charleston Las Vegas, NV 89135 9-1-1 Systems Technician Darrell Lakey Phone: (805) 528-0304 darrell.lakey@att.com 196 Suburban Road San Luis Obispo, CA 93401 Technical Sales Consultant II Robert Russo Phone: (951) 369-2282 Cell: (951) 500-2130 rr1713@att.com 3580 Orange Street Rm 104 Riverside, CA 92501 PSAP Manager Kerri Rosenblum Phone: (805) 781-7342 krosenbl@slocity.org 1135 Roundhouse Ave. San Luis Obispo CA, 93401 State 911 Consultant Barbara Bassham Phone: (916) 657-9680 barbara.bassham@caloes.ca.gov 601 Sequoia Pacific Blvd. MS-911 Sacramento, CA 95814 8.c Packet Pg. 42 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 8 Prepared By: Robert Russo 5.2 Project Manager An AT&T Project Manager will be assigned for this system implementation. The Project Manager is responsible to plan, organize, control, direct and coordinate people and material resources throughout the life of the project. 5.3 AT&T Responsibilities AT&T is responsible for the following:  Delivery of equipment  Security of equipment, until equipment is delivered to customer premise.  Disposal of packaging materials and debris.  Any damage caused by Contractor (or Contractor’s agent) to equipment, building, or other property.  Installation of common control (server) equipment in racks/cabinets.  Dressing of all cables.  Identification and labeling of all cables.  Installation of appropriate cabling from equipment room to all Power 911 positions.  NENA standard ANI/ALI interface supplied to the Agency owned CAD system.  Installation of interface jacks for radio headsets. 5.4 San Luis Obispo PD Responsibilities Equipment Room  Provide locked, limited access to the equipment room.  Provide space for VIPER cabinet as agreed upon and depicted in below drawing  Adequate space for working area and for spare part/equipment storage (if applicable).  Furnishing HVAC equipment that will keep the backroom temperature and humidity levels of 72 degrees F+/- 5 and less than 50% relative humidity.  Provide/verify that each AT&T backroom equipment cabinet has two 20 amp breakered circuits dedicated to the rack with a NEMA 5-20R outlet each and a single dedicated NEMA 5-20R breakered circuit for each rack (if required).  Earth ground for AT&T provided equipment.  Building UPS for 911 equipment Dispatch Room  Furniture selected by Agency is compatible with, or will be modified by the Agency to be compatible with, the selected system equipment.  Provide/verify that each AT&T dispatch position has one 15 or 20 amp (NEMA 5- 15/20R) breakered circuit dedicated to emergency call-taking with a quad outlet. Ancillary electrical components such as heaters, lights , and furniture will not be on this circuit(s).  Provide conduit run from each dispatch position to backroom equipmen t.  Individual or building UPS for each 911 position General  Access to building for AT&T and subcontractors.  Conduit and coring of walls. 8.c Packet Pg. 43 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 9 Prepared By: Robert Russo  Adequate power and power outlets and circuit breakers.  All radio and CAD equipment.  Adequate security to prevent theft of computer equipment.  On-going upkeep for room requirements listed.  Technical expertise from Agency's other vendor’s during planning, installation and cut-over.  The Agency's Project Manager will facilitate the resolution of any problem determined with these interfaces pertaining to the radio, CAD, recorders, Net Clock or other Agency owned interfaces.  Full and free access to the 9-1-1 related equipment to provide service (subject to Agency’s security regulations)  Maintain records and documentation associated with contractor performance Note: The 911 Network and Agency Networks may not share the same LAN Segments. Power 911 IP packets must be segregated from CLETS, NCIC, DMV, CWS, and all other Agency network traffic. 6.0 INSTALLATION SCHEDULE The following table is provided as a guideline based on the “Estimated Final Funding Date”. The actual funding date will affect the entire timeline. The official implementation schedule will be negotiated between the Agency and the AT&T project Manager using the “911 CPE PSAP Implementation Form”. Changes to the agreed upon schedule may be made by mutual consent of AT&T and the Ordering Agency and must be documented on the “911 CPE PSAP Implementation Form”. Pricing is based on installation being performed during AT &T’s normal business hours (M-F, 8:00am - 5:00pm, excluding AT&T holidays). Installation activities outside of AT&T’s normal business hours are available at prevailing after hour tarif f. There will be no additional cost to the Agency for an after-hours cutover, if it becomes necessary. 7.0 MAINTENANCE PLAN 7.1 Maintenance and Remote Access Services Capabilities The 911 system is provisioned to allow AT&T (and Intrado) to remote access into the 911 system in order to identify software and hardware problems and make repairs. In the event that the equipment cannot be repaired remotely, two trained technicians are stationed within two hours of the Agency PSAP to facilitate onsite repairs. Items excluded from maintenance include any software which is at a revision level not supported by the Software licensor. AT&T makes no guarantee as to parts availability on Estimated Final Funding Date:10/29/2015 Estimated Equipment Order Date:11/3/2015 Estimated Equipment Delivery Date:1/12/2016 Programming Change Freeze Date:1/19/2016 Estimated Begin Installation Date:1/22/2016 Estimated Training Date:2/5/2016 Estimated System Cutover Date:2/19/2016 8.c Packet Pg. 44 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 10 Prepared By: Robert Russo Equipment that has been discontinued by its manufacturer. In the event a manufacturer discontinues producing any equipment or in the event the e quipment has outlived the manufacturer's suggested product life cycle, AT&T will continue to provide Service under the Maintenance Plan for as long as parts are available on a commercially reasonable basis. In the event repair parts are not readily available, AT&T will advise customer and customer will have the option to replace the Equipment with a similar product. AT&T offers at the prevailing rates. In the event the customer declines to authorize such replacement, AT&T will cease providing Service for such Equipment. If persons other than AT&T and/or their subcontractor(s) have performed maintenance or repair of equipment, and, as a result, further repair by AT&T and/or their subcontractor(s) is required, such further repairs will be made at AT&T's then applicable time and material rates. AT&T includes a one-year warranty and years two through five on a maintenance contract through the State of California Contract . POWER 911/VIPER  AT&T will provide a “Maintenance Kit” to be kept at a location readily accessible to AT&T Technicians or, in some special cases, due to an Agency's location or system size, kept on site in a secured location. The contents of the Maintenance Kit will be based upon the requirements of the Agency's 9-1-1 system. AT&T absorbs the cost of the Maintenance Kit and the equipment provided within the kit will remain the property of AT&T.  AT&T includes five-year parts and labor on the 9-1-1 system. The five-year period begins at date of customer acceptance. After the five-year period, the Agency may choose to replace the system, maintain it, or a maintenance contract will be created with agreed terms, conditions and costs. Service packs, and hot fixes will be kept current and upgraded at no charge (additional features and hardware may not be included). Operating System upgrades are not included. 7.2 Post-Installation Support Limitations AT&T’s support obligations hereunder will not apply to any AT&T supported product if adjustment, repair, or parts replacement is required because of:  Printer ink and paper are not included under maintenance.  Accident, neglect, tampering, misuse, improper / insufficient grounding, failure of electric power; failure of the PSAP and/or others to provide appropriate environmental conditions, relocation of hardware or software, or causes other than ordinary use  Repair or alteration, or attempted repair or alteration of any AT&T supported product (hardware and/or software) by the PSAP or others  Connection of another machine, device, application or interface to AT&T supported equipment (hardware and/or software) by , Agency, the PSAP or others, which has caused damage to AT&T supported equipment  Degradation of performance to AT&T systems due to non -compliance with the Customer Site Preparation Requirements (excessive heat, humidit y, moisture, condensation, dust, EMI, etc.) as identified in AT&T document TP76911, Section C, Part 2, is not covered under Maintenance or Warranty. 8.c Packet Pg. 45 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 11 Prepared By: Robert Russo  Damage or destruction caused by natural or man -made acts or disasters  Degradation of performance to AT&T systems due to the installation of third party software applications or Operating System patches, service packs, hot -fixes, or Windows services and not specifically certified, approved, and registered by AT&T for use at the site(s) identified herein.  Support described herein does not include cosmetic repairs, refurbishment, furnishing consumables, supplies or accessories, making accessory changes or adding additional devices or software applications. 7.3 Repair of Unsupported Failures The Agency may request Field engineering to rectify unsupported failures, as defined above, on a Time & Materials basis. Labor rate charged will be the current AT&T labor rate (plus expenses) at the time service is requested. AT&T is NOT responsible for the performance of third party applications/systems. 8.0 TRAINING 8.1 Supervisor/Dispatcher Training AT&T and/or its subcontractor will provide Call-taker/Dispatcher and Supervisor/System Administrator training for the Power 911, Power MIS. The training will be done at the Agency’s site. Each Call-Taker/Dispatcher or Supervisor/System Administrator refresher class will last approximately half an hour. The training will be done during normal business hours (6 am – 6 pm) Monday through Friday. 8.2 Training Documentation Training documentation may include hard-copies of the User Guide per site, and one soft-copy will be installed on each workstation. Documentation will be given to the Agency’s designated training coordinator or during class. 8.3 Service Manual Documentation IWS Technical Installation and Maintenance Manuals will be provided with the delivery of the systems. These technical manuals should be kept in the equipment room near the equipment racks for the AT&T technicians to utilize as necessary. 8.c Packet Pg. 46 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 12 Prepared By: Robert Russo 9.0 DOCUMENT ACCEPTANCE San Luis Obispo PD Power 911/VIPER Project I have read the preceding document version 1.0. I understand and approve of the scope of work described therein. In addition, I understand that subsequent modifications to the scope of work will be requested on the attached Change Request Form and approved by both San Luis Obispo PD and AT&T. ________________________________________ ____________________ San Luis Obispo PD Date ________________________________________ ____________________ Application Sales Executive, AT&T California Date 8.c Packet Pg. 47 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 13 Prepared By: Robert Russo Appendix A: Agency Compliance - Site Certification Document San Luis Obispo PD Compliance - Site Certification Document This Section meets the State contract requirement for AT&T to provide a Site Readiness Checklist to the Agency. A site survey has been made and site modifications will be needed to meet the following requirements for equipment installation. The following site modifications must be completed by the Agency prior to AT&T beginning the installation of the new or upgraded system. The completion of all building modifications are the responsibility of the Agency. In the event that AT&T attempts to begin installation and subsequently discovers that these modifications have not been met as specified, AT&T may postpone implementation. A quote will be provided to the Agency for any additional costs incurred by AT&T because of the postponement. Any additional costs that are incurred for site modifications because of the postponement will be the responsibility of the Agency. Work will be rescheduled upon completion of the required modifications. Hazardous Materials Customer will maintain Customer’s location where AT&T is to perform work in a suitable and safe working environment, free of Hazardous Materials. AT&T does not handle, remove or dispose of, nor does AT&T accept any liability for, any Hazardous Materials at Customer’s location. If AT&T encounters any such Hazardous Materials, AT&T may terminate this Statement of Work or suspend performance until Customer removes and cleans up at its expense Hazardous Materials in accordance with this Statement of Work and applicable law. For purposes hereof, “Hazardous Materials” means any substance whose use, transport, storage, handling, disposal, or r elease is regulated to any law related to pollution, protection of air, water, or soil, or health and safety. 1) Provide backroom space for VIPER cabinet 2) Provide two dedicated NEMA 5-20R (20 amp) circuits for VIPER cabinet 3) Provide one dedicated NEMA 5-15/20R (15/20 amp) circuit for each 911 position Authorized Agency Representative understands that the modifications listed above must be complete prior to AT&T commencing installation. ____________________________________________ _______________ Authorized Agency Representative accepts modification list. Date ……………………………………………………………………………………………. __ _____________________________________ _______________ Authorized Agency Representative certifies modifications complete. Date 8.c Packet Pg. 48 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 14 Prepared By: Robert Russo Appendix B: LAN/WAN Policy AT&T LAN/WAN PSAP Security Policy It is AT&T’s policy to install 911 equipment only in a secure PSAP Local Area Network (“LAN”) that is not connected to any other computer network outside of AT&T’s control (with the exception of the national Crime Information Center network or similar network, but only if such connection is expressly approved in writing by AT&T, which approval will be in AT&T’s sole discretion). AT&T will not install or terminate a PSAP LAN to a firewall. AT&T will identify the demarcation point for the PSAP LAN, beyond which AT&T is not responsible. In the event the customer has previously connected or subsequently connects their PSAP LAN to any other computer network or has caused or causes such a connection, contrary to AT&T’s PSAP Network Security Policy (which customer acknowledges it has received and read), and the 911 equipment and/or PSAP LAN is infected or damaged as a result of such connection, then all 911 equipment and/or PSAP LAN warranties, maintenance, and service provisions of this amendment or statement of work will be immediately null and void . Under such circumstances, AT&T will provide repair services for the 911 equipment and/or PSAP LAN at Customer’s request and time and materials charges will apply for all parts and labor required as a result of damage caused by the infection. After all related damage has been repaired, maintenance and service provisions of this agreement will resume. 8.c Packet Pg. 49 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 15 Prepared By: Robert Russo Appendix C: Dispatch and Equipment Floor Plans FOOTPRINT OF DISPATCH 8.c Packet Pg. 50 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 16 Prepared By: Robert Russo FOOTPRINT OF EQUIPMENT ROOM 8.c Packet Pg. 51 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 17 Prepared By: Robert Russo Appendix D: Pricing & Terms Please refer to separate document. 8.c Packet Pg. 52 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 18 Prepared By: Robert Russo Appendix E: Change Order Request Form AT&T Project Office___________________________________________________________________________________________________________ Change Request Form: San Luis Obispo PD Change Orders cannot be billed directly to the State without State approval. The Agency will be billed and must submit a reimbursement request to the State. Originator: Change Request Definition: To be completed by Project Manager Impact to System Schedule: Impact to Overall Project Schedule: Development Price: Change Request #: Date: System Affected: Accepted Rejected: Final AT&T Signoff: Final Agency Signoff: Date: 8.c Packet Pg. 53 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 19 Prepared By: Robert Russo Appendix F: Maintenance Procedures “AT&T” PROVIDING PRODUCT & SERVICE EXCELLENCE TROUBLE REPORTING PROCEDURES The Customer Assistance Bureau (CAB) is the trouble reporting center for our priority Public Safety Agencies. The center is responsible for receiving Agency reports and electronically relaying the reports to the responsible work groups for resolution, 24 hours a day, 365 days a year. The CSB can escalate trouble reports and put you in contact with management personnel responsible for resolving the trouble you have reported. The Priority Repair Service number is: (877) 500-4911 Due to the complexity of the services we provide and your own equipment it is essential that you isolate trouble before reporting to AT&T. A few extra minutes to properly identify, isolate and report a trouble can save hours in resolution time. Reporting the wrong trouble or circuit number may cause extended delays in our ability to deploy the appropriate work crew to repair the problem. When you call in a report, please be ready to provide the following information: 1. Your name and call back telephone number. 2. Address and the location of trouble. 3. Telephone numbers or circuit number in trouble. 4. Nature of the trouble/condition. 5. Application the circuit is used for. 6. Access restrictions we may have to resolve trouble report. 7. Any terminal access problems or arrangements before dispatch. 8. The name of the contact person and their office number is a must! 9. Identification of Major or Minor Failure. (Defined below) 10. For urgent restorations you can ask for an hourly status from the Plant Control Office/PCO. Major Failure - Definition of Major Failure: Any hardware, software or circuitry failure that prevents the 9-1-1 PSAP call taker from making voice or TDD contact or viewing ANI information or ALI information from a person who has dialed 9 -1-1. Upon verbal notification by the Agency, or electronic notification by the 9 -1-1 system itself, of a major failure, AT&T will meet the required response time detailed below: ONSITE RESPONSE: A factory-trained technician will respond on-site with spare parts/software within two (2) hours, or less, to diagnose and commence repair of a major failure. (The initial replacement of some components may not be identical to the defective part (mo nitor, keyboard, mouse, speakers, etc.). This is to provide an expeditious restoration. An identical replacement 8.c Packet Pg. 54 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) San Luis Obispo PD SOW Date: 10SEPT2015 Version 1.0 Page 20 Prepared By: Robert Russo part will be provided within 72 hours.) Within two (2) hours, or less, the responding technician will notify the PSAP of the nature of failure and an estimated time to effect repairs. Minor Failure - Definition of Minor Failure: Any hardware, software or circuitry failure that prevents the normal operation of any feature of the 9 -1-1 system. Upon verbal notification by the Agency, or electronic notification by the 9-1-1 system itself, of a minor failure AT&T will meet the required response time detailed below: ONSITE RESPONSE: During the initial notification by the PSAP Agency of a minor failure, the Contractor will provide to the PSAP Agency an estimated time for on-site diagnostics/repairs to begin. A factory trained technician will respond on -site with spare parts/software within twenty four (24) hours, or less, to diagnose and repair a minor failure. (The initial replacement of some components may not be identical to the defective part (monitor, keyboard, mouse, speakers , etc.). This is to provide an expeditious restoration. An identical replacement part will be provided within 72 hours.) Within twenty four (24) hours, or less, the responding technician will notify the PSAP of the nature of failure and an estimated time to effect repairs. 8.c Packet Pg. 55 Attachment: c - AT&T Statement Of Work (1133 : 9-1-1 System Upgrade) Single Site Summary Options for Genovation Keypads and KVMs (HW) or Multiplicity (SW KVM) Includes 3 Aastra Enhanced SIP Phones w/exp modules separate quote section for 3 CommandPOST laptops for mobility/DR Pricing is valid for 90 days VESTA 911 $241,415.46 Optional CommandPOSTs $74,793.50 Total Solution:$316,208.96 By: _____________________________ Title: ___________________________________ Date: ____________ VESTA Analytics Standard (virtualized MIS app) w/ 6 Agent licenses Proposal For:San Luis Obispo PD, CA Solution Proposed VESTA 9-1-1 Date:July 16, 2015 Design Assumptions- provides new Next Gen VESTA 9-1-1 system w/ following: 2 AudioCodes Mediant 1000B Gateways, w/4 FXS & 3 FXO modules for Trunking Dual Cisco 2960 LAN switches & single Fortinet FG firewall, dedicated network Dual Virtualized Data & Media Servers (DL350) in Customer-provided Rack Provides 6 Positions of VESTA Basic w/ Z230, Monitor, SAM, IRR, CDR Customer is responsible for any electrical service, environmental conditions and cable work needed to support the quoted Products, unless otherwise specified on the Quote. Any changes to the above Products and /or Scope of Work will require the written authorization of both Carousel and the Customer. Pricing does not include taxes and freight charges, and as applicable, these costs will be added to the invoice. All work is done subject to the terms and conditions of Carousel's Master Sales Agreement (available at http://www.carouselindustries.com/services/master-sales-agreements/ ), unless Carousel and the Customer have previously agreed to otherwise in writing. By signing below, Customer makes an offer to purchase the Products and/or Services above from Carousel. Carousel's acceptance of this offer to purchase shall be evidenced by the conversion of the Quote into a Carousel Service Order, and the return of the Service Order number to the Customer. Airbus Software Support for 5 Years, Carousel Onsite Support for 5 Years Airbus Mgd Svcs - Monitoring & Response for 5 Years, HP Ext Warranty for 5 Years Options for New Netclock, Multiplicity, Mgd Svcs - Virus and Patch for 5 Years, All new products are guaranteed to be as specified by the manufacturer's documentation, and are provided with the manufacturer's standard Product warranty. All refurbished components are covered by a Carousel direct warranty. 8.d Packet Pg. 56 Attachment: d - Carousel Industries Quote (1133 : 9-1-1 System Upgrade) Site Name:VESTA 911 Qty.Part No.Description Unit Price U/M Total VESTA® 9-1-1 2 870899-0104R3.1 VESTA 4 R3.1 L/D/M $2,083.33 EA $4,166.67 2 873099-03002 R4 CAD INTF LIC $694.44 EA $1,388.89 1 04000-01584 BLKBX TL158A-R4 DATACAST $538.89 EA $538.89 1 04000-01010 CBL DB25M/DB25M 10FT $11.11 EA $11.11 VM Medium Server Bundle Note: The Medium Server Bundle is for PSAP's up to 40 positions with an annual call volume of 500,000 or less. 1 853031-DLSVRSG-2 V-DL MED SVR BNDL SNGL $34,170.83 EA $34,170.83 2 04000-68009 V-SVR BASIC SPT 5YR $661.11 EA $1,322.22 VESTA® 9-1-1 Basic Operations 6 PS-0SQ-VSML VS BSC MLTP PER SEAT LIC $2,777.78 EA $16,666.67 6 SS-0SQ-VSSL-5Y SPT VS BSC 5YR $5,347.22 EA $32,083.33 VESTA® Workstation Equipment 6 61000-409605SFF WKST HP Z230 SFF $1,706.94 EA $10,241.67 6 65000-47001 TWR STAND SFF Z220/Z230 $58.33 EA $350.00 6 63000-221691 MNTR FP WIDE SCR LCD 22IN $456.94 EA $2,741.67 6 853030-00302 R4 SAM HDWR KIT $2,294.44 EA $13,766.67 6 853004-00401 SAM EXT SPKR KIT $233.33 EA $1,400.00 12 833401-00101G-15 CBL SAM JKBX 15FT $50.00 EA $600.00 6 809800-35109 R4 IWS CFG $277.78 EA $1,666.67 6 809800-35108 R4 IWS STG FEE $416.67 EA $2,500.00 1 870890-07501 CPR/SYSPREP DVD IMAGE $0.00 EA 6 64007-50023 KEYPD 48K 6FT USBCBL CP48 $322.22 EA $1,933.33 VESTA® 9-1-1 Modules VESTA® 9-1-1 IRR Module 6 873099-00502 R4 IRR LIC/DOC/MED $1,381.94 EA $8,291.67 6 809800-35114 R4 IRR SW SPT 5YR $829.17 EA $4,975.00 VESTA® 9-1-1 CDR Module 2 873099-00602U R4 CDR SVR LIC UPGD $0.00 EA 6 873099-01102U R4 CDR PER SEAT LIC UPGD $0.00 EA VESTA® 9-1-1 Admin Printer Customer will provide printer equipment. Network Equipment 2 04000-29636 SWITCH 2960 POE+CBL 24-PO $2,504.17 EA $5,008.33 2 04000-29622 WAR 2960 POE 24P 5YR NBD $1,030.56 EA $2,061.11 Peripherals & Gateways 2 04000-00129 MED 1000B CHASSIS BNDL $2,548.61 EA $5,097.22 2 04000-00190 SW SPT M1000 GATEWAY 5YR $2,083.33 EA $4,166.67 3 04000-00116 MED 1000 FXO-LS BNDL $480.56 EA $1,441.67 4 04000-00119 MED 1000 FXS BNDL $461.11 EA $1,844.44 Cabinet & Peripheral Equipment $2,855.56 EA $2,855.56 Time Synchronization Equipment Incl in Summary $161,290.28 VESTA® 9-1-1 VESTA® 9-1-1 Subtotal Proposal For:San Luis Obispo PD, CA Solution Proposed VESTA 9-1-1 Date:July 16, 2015 8.d Packet Pg. 57 Attachment: d - Carousel Industries Quote (1133 : 9-1-1 System Upgrade) Qty.Part No.Description Unit Price U/M Total VESTA™ Analytics - Standard Multi Product Purchase 1 873399-00102.4 V-ANLYT 2.4 DOC/MED $0.00 EA 1 873391-00501 V-ANLYT STD LIC $2,777.78 EA $2,777.78 1 873391-00301 V-ANLYT USER LIC $1,041.67 EA $1,041.67 1 04000-00339 SQL 2008R2 CAL RUN ENT $244.44 EA $244.44 6 PA-MSG-ASSL V-ANLYT STD PER SEAT LIC $902.78 EA $5,416.67 6 SA-MSG-ALSL-5Y SPT V-ANLYT STD 5YR $631.94 EA $3,791.67 VESTA™ Analytics Standard Server Equipment for Virtualized Server Bundle Note: Additional Hardware to be installed in DDS-B Server. 1 BA-M00-ASA0-2 V-ANLYT STD ADD-ON $5,644.44 EA $5,644.44 $18,916.67 Qty.Part No.Description Unit Price U/M Total Monitoring & Response Activation Fee 1 809800-14150 M&R ACT FEE SMALL SITE $2,361.11 EA $2,361.11 Monitoring & Response License & Support Fees 3 871499-01206 M&R 3.0 LIC SVR $540.28 EA $1,620.83 Note: Includes (2) DDS Servers, (1) VESTA™ Analytics Server. 3 809800-14165 M&R 3.0 SVR SRVC 5YR $7,763.89 EA $23,291.67 7 871499-01211 M&R 3.0 WKST LIC $98.61 EA $690.28 Note: Includes (6) VESTA Workstations, (1) Management Console. 7 809800-16165 M&R 3.0 WKST SRVC 5YR $2,150.00 EA $15,050.00 11 871499-01210 M&R 3.0 IP DEVICES LIC $98.61 EA $1,084.72 Note: Includes (2) MDS Servers, (2) Virtual Machines, (2) Mgmt/Node VMs, (2) Gateways, (1) 2TB NAS Device - VESTA Analytics, (2) Cisco Switches. 11 809800-16170 M&R 3.0 IP DEV SRVC 5YR $2,150.00 EA $23,650.00 Managed Services - Implementation Fee Anti-Virus Solution OPTIONAL Patch Management Solution OPTIONAL Disaster Recovery Solution - Acronis OPTIONAL NMS VM Server Equipment - 40 Nodes or Less Note: NMS Server to Coexist on a dedicated VM on the DDS-A Server. Note: Includes (1) NMS Server. Note: Includes (1) 2TB NAS Device. $67,748.61 VESTA™ Analytics VESTA™ Analytics Subtotal Managed Services Managed Services Subtotal 8.d Packet Pg. 58 Attachment: d - Carousel Industries Quote (1133 : 9-1-1 System Upgrade) Qty.Part No.Description Unit Price U/M Total Server Extended Warranty 2 04000-01530 WARR 24X7 ML350G5/6/P8 5Y $1,863.89 EA $3,727.78 Note: Upgrade & uplift from 3YRs warranty 9x5 NBD to 5YRs, 24x7, 4 hour response time. Workstation Extended Warranty 7 04000-01586 WARR 24X7 Z220/230 5YR $627.78 EA $4,394.44 Note: Warranty upgrade from 3YRs warranty 9x5 NBD to 5YRs 24x7, 4 hour response. $8,122.22 Qty.Part No.Description Unit Price U/M Total Training Note: Training is provided at the customer site using the customer owned equipment. Prices are per student unless otherwise indicated. Minimum number of students is 6 and maximum number of students is 8 per class and 2 students per position. 2 000001-06701 VSENT 4.X AGENT TRNG $1,666.67 EA $3,333.34 Note: VESTA® /Sentinel 4/X Agent bundle includes (1) 1/2 day class of Agent training for up to 8 students. Includes trainer's daily training expenses and travel. VESTA® /Sentinel 4.X Agent training does not include training on the SIP phones. SIP phone training is a separate class and can be quoted upon request. 1 000001-06704 VSENT 4.X ADMIN TRNG $5,555.56 EA $5,555.56 Note: VESTA® /Sentinel 4/X Admin bundle includes (1) 1 1/2 day class of Admin training for up to 8 students. Includes trainer's daily training expenses and travel. 1 000001-06799 VSENT 4.X SIP TRNG $1,666.67 EA $1,666.67 Note: VESTA® 9-1-1 SIP bundle includes (1) class of SIP phone training for up to 8 students. Standard IP Phone training is typically 1 hour in length. Enhanced IP Phone training is typically 2 hours in length. Includes trainer's daily training expenses and travel. 1 000002-24404 V-ANLYT ADMIN TRNG $2,777.78 SU $2,777.78 Note: VESTA™ Analytics Admin bundle includes (1) 1 day class of Admin training for up to 8 students. Includes trainer's daily training expenses and travel. 1 000000-24405 V-ANLYT REMOTE TRNG $1,875.00 EA $1,875.00 Note: VESTA™ Analytics Remote Training uses actual customer data and is conducted post cut (30-45 days after cutover) to enhance the learning experience. This course is highly recommended for new sites and would follow the on-site VESTA™ Analytics Admin course (000000-24404) that is typically delivered before cutover. For upgrade VESTA™ Analytics sites, this course is an option as is the 000000-24404 course. Cutover Coaching 1 000001-08538 CUTOVER COACHING $2,777.78 SU $2,777.78 Note: Cutover Coaching includes (1) 8 hour session within a 24 hour day. Includes trainer's daily training expenses and travel. $17,986.12 Extended Warranties Extended Warranties Subtotal Airbus DS Communications Services Airbus DS Communications Services Subtotal 8.d Packet Pg. 59 Attachment: d - Carousel Industries Quote (1133 : 9-1-1 System Upgrade) Qty.Cass Discount Code Description Unit Price U/M Total State of CA Incentive 1 CNP-INCENTIVE ST OF CA V/SENT INCENTIVE N/A EA $11,567.00 Summary Qty Product Code Product Description Ext. Price 1 VESTA® 9-1-1 w/ 5 Years Software Support $161,290.28 1 New Netclock w/antenna & cables TBD $9,634.72 1 VESTA™ Analytics (MIS) w/ 5 Yrs SS $18,916.67 1 Extended Warranties - 5 Yrs, 24x7, 4 Hr SLA $8,122.22 1 Airbus DS Communications Training $17,986.12 1 Carousel Industries Installation w/Travel $48,160.00 1 Carousel Industries - Project Management w/Travel $16,132.00 1 Carousel 5 Year Onsite Support w/Telco Agency $92,400.00 1 Carousel Security Appliance, Installed $2,897.00 Pricing is valid for 90 days Total Equipment & Services Cost:$375,539.01 Discount:-$145,000.00 CA Tax & Shipping:$10,876.45 Total This Site:$241,415.46 OPTIONS 1 Managed Services - M&R for 5 Years $59,486.59 1 VESTA I&M Factory Training $4,861.11 Airbus DS Communications Discounts/Incentives Subtotal Airbus DS Communications Discounts/Incentives * 8.d Packet Pg. 60 Attachment: d - Carousel Industries Quote (1133 : 9-1-1 System Upgrade) Site Name:Optional CommandPOSTs Qty.Part No.Description Unit Price U/M Total VESTA® 9-1-1 CommandPOST System VESTA® 9-1-1 Basic Operations 3 PS-0SQ-VSML VS BSC MLTP PER SEAT LIC $2,777.78 EA $8,333.33 3 SS-0SQ-VSSL-5Y SPT VS BSC 5YR $5,347.22 EA $16,041.67 CommandPOST Hardware 3 61050-G409602 LAPTOP ZBOOK15 G2 W7 $2,512.50 EA $7,537.50 3 04000-00490 ADV DOCK STATION 230W $558.33 EA $1,675.00 3 64021-10025 KYBD/MOUSE BNDL $61.11 EA $183.33 3 63000-221691 MNTR FP WIDE SCR LCD 22IN $456.94 EA $1,370.83 3 853004-00301 CPOST SAM HDWR KIT $3,169.44 EA $9,508.33 3 853004-00401 SAM EXT SPKR KIT $233.33 EA $700.00 3 02800-20500 HDST 4W MOD BK ELEC MIC $44.44 EA $133.33 3 02800-20700 HDST 4W MOD BK K-STY CARB $34.72 EA $104.17 3 03044-20000 HDST CORD 4W 12FT MOD BK $4.17 EA $12.50 3 809800-35109 R4 IWS CFG $277.78 EA $833.33 3 809800-35108 R4 IWS STG FEE $416.67 EA $1,250.00 VESTA® 9-1-1 IRR Module 3 873099-00502 R4 IRR LIC/DOC/MED $1,381.94 EA $4,145.83 3 809800-35114 R4 IRR SW SPT 5YR $829.17 EA $2,487.50 VESTA® 9-1-1 CDR Module 3 873099-01102 R4 CDR PER SEAT LIC $125.00 EA $375.00 $54,691.67 Qty.Part No.Description Unit Price U/M Total VESTA™ Analytics - Standard Multi Product Purchase 3 PA-MSG-ASSL V-ANLYT STD PER SEAT LIC $902.78 EA $2,708.33 3 SA-MSG-ALSL-5Y SPT V-ANLYT STD 5YR $631.94 EA $1,895.83 $4,604.17 Qty.Part No.Description Unit Price U/M Total N/A Qty.Part No.Description Unit Price U/M Total Workstation Extended Warranty 3 04000-01589 WARR CPOST ZBOOK 5YR NBD $397.22 EA $1,191.67 Note: Warranty upgrade from 3YRs warranty 9x5 NBD to 5YRs 9x5 NBD. $1,191.67 Extended Warranties Extended Warranties Subtotal VESTA® 9-1-1 CommandPOST System VESTA® 9-1-1 CommandPOST System Subtotal VESTA™ Analytics VESTA™ Analytics Subtotal Managed Services Managed Services Subtotal Proposal For:San Luis Obispo PD, CA Solution Proposed VESTA 9-1-1 Date:July 16, 2015 8.d Packet Pg. 61 Attachment: d - Carousel Industries Quote (1133 : 9-1-1 System Upgrade) Qty.Part No.Description Unit Price U/M Total Training Note: Training is provided at the customer site using the customer owned equipment. Prices are per student unless otherwise indicated. Minimum number of students is 6 and maximum number of students is 8 per class and 2 students per position. 1 000001-06795 COMMANDPOST TRNG $0.00 EA $0.00 Note: On-site training included as part of the VESTA® 9- 1-1 Admin training using customer equipment. CommandPOST positions must be configured to the network/firewall prior to training. This is a 15 minute demonstration on how to use the CommandPOST position. $0.00 Summary Qty Product Code Product Description Ext. Price 1 VESTA® 9-1-1 CommandPOST w/ 5 Yrs SS $54,691.67 1 VESTA™ Analytics (MIS) w/ 5 Yrs SS $4,604.17 1 Managed Services N/A $0.00 1 Extended Warranties - 5 Yrs, 9x5, NBD $1,191.67 1 Airbus DS Communications Training $0.00 1 Carousel Industries Installation w/Travel Additional $2,280.00 1 Carousel Industries - Project Management w/Travel Additional $684.00 1 Carousel 5 Year Onsite Support w/Telco Agency Additional $46,200.00 Pricing is valid for 90 days Total Equipment & Services Cost:$109,651.51 Discount:-$40,000.00 CA Tax & Shipping:$5,141.99 Total This Site:$74,793.50 Airbus DS Communications Services Airbus DS Communications Services Subtotal 8.d Packet Pg. 62 Attachment: d - Carousel Industries Quote (1133 : 9-1-1 System Upgrade) Meeting Date: 10/6/2015 FROM: Carrie Mattingly, Utilities Director Prepared By: Ron Munds, Utilities Services Manager SUBJECT: GRANTING A FRANCHISE TO SAN LUIS GARBAGE COMPANY FOR FOOD AND GREEN WASTE SERVICES RECOMMENDATION Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, granting a twenty-year franchise to San Luis Garbage Company for food and green waste collection, processing and/or disposal within the City of San Luis Obispo.” DISCUSSION Background At the August 18, 2015 City Council meeting, the Council conceptually approved a two phase organics diversion program to meet the state’s mandatory organics diversion requirements and adopted a solid waste rate increase to support the implementation. The first phase of the program, known as the “Interim Phase,” will expand the existing residential green waste collection program to include residential and commercial food waste. The material will go to Engle and Gray composting facility in Santa Maria. The second phase, or the “Permanent Phase,” will include the construction of an anaerobic digestion facility using Kompogas technology. In order to implement the Permanent Phase, the San Luis Garbage Company (“Garbage Company”) must enter into an agreement with the owners of the Kompogas technology, Hitachi Zosen Inova (HZI), that guarantees delivery of organics for a twenty year period once the facility is constructed and fully operational. This guarantee is necessary for HZI to obtain the financing to build a multi-million dollar plant (estimated to cost more than $12 million). The Garbage Company’s guarantee to HZI in turn requires the communities the Garbage Company serves to guarantee a waste stream to the Garbage Company for the twenty year period. The City’s current green waste franchise agreement expires in 2025. Granting of the Food and Green Waste Franchise The City’s Charter provides specific procedures for granting franchises. In accordance with the Charter, the City Council adopted a resolution of intent on September 15, 2015 to grant a food and green waste franchise agreement to the Garbage Company. As required in the Charter, the resolution provided the character of the franchise (food and green waste collection) and the conditions upon which it is proposed to be granted. The resolution also set the public hearing date for the regular City Council meeting on October 6, 2015. 9 Packet Pg. 63 The next step in the process is for the City Council to adopt an ordinance (Attachment A) which grants the franchise (Exhibit A) for food and green waste collection services to the Garbage Company. The new franchise agreement includes the collection of food waste and the mechanism to extend the franchise beyond 2025. The caveat to the implementation plan is if the Kompogas facility is not built, the food and green waste franchise agreement would not be extended beyond 2025 and the Interim Phase of transporting organic waste to Santa Maria for processing would continue. Section 2.3.1 of the franchise agreement provides the specific milestones and timeline for determining if and when the twenty year term of the agreement begins. The most significant date in this section is that the Kompogas facility must be built (or substantially completed) by January 2020 in order for the agreement to be extended. CONCURRENCES The San Luis Obispo Integrated Waste Management Authority concurs with the recommendation made in this report. FISCAL IMPACT There is no fiscal impact associated with the granting of the new franchise agreement. On August 18, 2015, the City Council approved the solid waste rate increase that will support the implementation of the organics diversion program. ALTERNATIVE The City Council could choose not to approve the granting of the franchise agreement to the Garbage Company’s and request staff to return to the City Council with other alternatives for organics recycling. Since it has taken many years of research to find the best long-term solution for the service area, the mandatory requirement for commercial food waste recycling, and the changing regulations for composting operations, this would not be a preferred alternative and therefore not recommended. Attachments: a - Franchise Ordinance Final a - Exhibit A - Green Waste Franchise Contract 2015 Final 9 Packet Pg. 64 Meeting Date: 10/6/2015 FROM: J. Christine Dietrick, City Attorney Prepared By: Anne M. Russell, Interim Assistant City Attorney SUBJECT: PROPOSED AMENDMENTS TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING APPEALS OF ADMINISTRATIVE CITATIONS, CHAPTER 15.02 (CHAPTER 1.24 TO SUPERSEDE CONFLICTING ADMINISTRATIVE CITATION AND REVIEW PROVISIONS OF BUILDING CONSTRUCTION AND FIRE PREVENTION REGULATIONS), CHAPTER 1.20, AND ADDITION OF NEW CHAPTER 2.30 (CREATE ADMINISTRATIVE REVIEW BOARD) RECOMMENDATION Introduce an ordinance adopting proposed amendments to Chapter 1.24 to establish parallel, but mutually exclusive, administrative citation appeals review processes, as well as Chapter 15.02 and Chapter 1.20 to clarify that Chapter 1.24 prevails over any conflicting administrative citation or review processes in Title 15 (the City’s Building Construction and Fire Prevention Regulations) or the City’s general appeals provisions, and adding new Chapter 2.30 to create the Administrative Review Board (Attachment A). REPORT-IN-BRIEF On January 7, 2014, and August 19, 2014, the City Attorney sought direction from the City Council on revising the administrative citation appeals program. Specifically, the City Attorney requested direction on: 1) the form and process of administrative review for administrative citations; and 2) who should conduct the administrative review. The City Council directed staff to revise the appeals program to provide two levels of administrative review, as described by the City Attorney, with the first level being conducted by a qualified hearing officer, and the second level of administrative review conducted either by the Construction Board of Appeals, or a newly created three member Administrative Review Board (ARB), dependent on the type of Municipal Code violation. The decision of either board would be final and would not be appealable to the City Council. The City Council also directed staff that the first level of administrative review should be conducted by qualified volunteer hearing officers, if possible. The City currently benefits from the volunteer services of one such hearing officer, who staff would intend to retain, while recruiting for additional hearing officers to ensure availability for anticipated increases in appeals. Subsequent to those meetings, the council adopted its rental inspection program. The rental inspection program will likely increase the number of code violations enforced through administrative citations, and related appeals and demands on staff and hearing officers’ time. 10 Packet Pg. 65 Moreover, due to the focus of the program on building and safety (Title 15) compliance, most administrative citations issued from that program are likely to involve Title 15 violations. Given that context and further input from the Board of Appeals, and input from the city’s current volunteer hearing officer that he does not feel qualified to or have an interest in hearing Title 15 appeals, city staff reevaluated the proposed two tier review system as it relates to citations issued for Title 15 violations. Thus, the proposed amendments reflect a slightly modified approach to review of Title 15 citations, as well as provisions permitting appellants of other types of administrative citations an “election of remedies” option that would allow a lesser level of city administrative review for those appellants not wishing to challenge city action by writ. Staff first looked at the type and frequency of appeals of administrative penalties that require a more formal hearing and detailed administrative record. The vast majority of challenges to the city’s final decision on administrative citations proceed under the appeal provisions of Government Code Section 53069.4, which authorizes the Superior Court to conduct a de novo review of city hearing officer decisions, and does not require an extensive administrative record. However, at least one court has held that the appeal provisions in Government Code section 53069.4 are not the exclusive means by which a person may challenge the city’s final decision, and that challenge by administrative writ action under the Code of Civil Procedure is also available. To defend against a writ action, the city’s decision must be supported by a more extensive decision, with written findings of fact supported by specified evidence in the record, and a better administrative record. Therefore, staff is proposing changes to Chapter 1.24 to allow appellants to choose at the outset one of two appeal processes, each of which will result in a different form of decision and a different method to challenge the final city decision in court. Each process produces a final decision after one hearing, instead of two, under the two tier system. Once chosen, the appeal process is final. The first appeal process provides a streamlined, less formal appeal of an administrative citation to a hearing officer. This process would handle the majority of appeals. There is a 10 day period to render a written decision, followed by a 20 day period to appeal directly to the Superior Court and have a de novo review conducted by a Superior Court Commissioner, pursuant to Government Code Section 53069.4. The written decision would not need to contain extensive findings because the Court Commissioner would be reviewing the entire action anew, with an opportunity for both the appellant and the issuing Police Officer or other City staff person to appear before the Commissioner and raise all issues they wish the Commissioner to consider. The objective is to reduce the burden on the volunteer hearing officers and provide appellants with an expedited appeal process that does not require disproportionate City resources or appellant time. If a person chooses to proceed via this expedited hearing officer process, the person could not later try to challenge the city by writ. The failure to request appeal through the more formal process with more comprehensive hearing before the Administrative Review Board would be deemed a failure to exhaust administrative remedies, and would preclude court jurisdiction for review by writ. The second appeal process provides for a more formal appeal of administrative citations to either the Construction Board of Appeals (for all violations of Title 15) or to the Administrative 10 Packet Pg. 66 Review Board (for all non-Title 15 violations), followed by either a writ action filed under provisions of the Code of Civil Procedure and its timelines, OR a de novo review by the Superior Court. The written decision would be more extensive, the Boards would be advised by legal counsel during the appeals process and in the preparation of findings and decisions, and more time (30 days) would be given the board to prepare a final decision. There are timelines and procedures under the Code of Civil Procedure governing writ actions with the Superior Court that differ from those governing appeals under Government Code Section 53069.4. If the City Council agrees with the proposed changes to Chapter 1.24, the creation of the Administrative Review Board, and the amendment to Title 15 to have the Chapt er 1.24 administrative citation and review procedures supersede any conflicting ones in the building construction and fire prevention regulations, then the council should introduce the ordinance. City Staff will subsequently: 1) bring forward the resolutions necessary to amend existing administrative enforcement guidelines consistent with the amended ordinance, to amend the existing bylaws for the Construction Board of Appeals, and draft bylaws for the ARB; 2) work with the City Clerk to recruit additional volunteer hearing officers and ARB members; and 3) finalize an administrative hearing training program for hearing officers, ARB members and Board of Appeals members, which can also be utilized to train members of other City bodies with adjudicatory functions, such as the Planning Commission, ARC, CHC, Personnel Board and Tree Committee. DISCUSSION The Process of Issuing an Administrative Citation Government Code section 53069.4 provides the City with the authority to impose administrative penalties for violations of its Municipal Code. However, the statute provides that, absent an immediate health or safety danger, a city cannot immediately impose an administrative penalty for violations of building, plumbing, electrical and other similar structural or zoning regulations (generally violations of Titles 15, 16 and 17) unless the city has provided a reasonable period of time to remedy the violation. However, for other violations of the municipal code, (such as for noise, unruly parties), an administrative citation may be effective immediately without a reasonable opportunity to correct, although in most instances a warning is given first. Currently, the City’s practice is to attempt to educate a property owner either verbally or with a door hanger regarding observed violations. If the violation is not abated voluntarily, then staff sends a formal notice of violation/notice to correct. If the violation is still not abated, then an administrative citation is sent. As part of the upcoming fee study process, staff will consider whether the imposition of a code enforcement fee is appropriate in circumstances where remedial action is required and is not taken promptly following a decision to uphold an administrative citation. Proposed changes to Chapter 1.24 provide that a notice to correct (or a notice of violation of) a code violation involving building and zoning regulations that do not constitute an immediate danger to health or safety be given at least 10 days before the effective date of the administrative citation fine, if served concurrently, in order to comply with Government Code Section 53069.4. If the violation is corrected within that period, the administrative citation does not become 10 Packet Pg. 67 effective and no administrative fine is due. If an alleged violation is not remedied, the administrative citation becomes effective 10 days after notice and a fine will be assessed by the City at least 10 days after the effective date of the citation, unless the citation is timely appealed within 10 days of the citation effective date. Subsequent policy changes to implement the ordinance will ensure that City practices are uniformly consistent with adopted policies and that staff has sufficiently detailed guidance on the issuance of administrative citations. Building and zoning regulations that constitute an immediate danger to life or safety, together with all other code violations (such as noise, public urination, unruly gatherings, etc.) could be served with an immediate administrative citation and fine, subject to appeal within 10 days of issuance. Feedback from the Construction Board of Appeals and Issuing City Departments On July 29, 2014, City staff sought feedback from the Construction Board of Appeals on the proposed changes to Chapter 1.24, , and a revision of the Board’s bylaws to better reflect an expanded role, if Council approves proposed changes to the administrative citation appeals program. As well, City staff sought to gauge interest by sitting Construction Board of Appeals members on the possibility of serving concurrently on the Administrative Review Board. Upon further review, City staff is concerned that most hearing officers would not be qualified to decide issues arising under the complex building codes, and would decline to serve if required to do so. Due to the nature of building and safety code violations and the process by which such violations must be remedied in close coordination with the Building Division, there generally will be significant interaction between property owners and City staff and significant review by both the Chief Building Official and the Community Development Director prior to reaching the point where an unresolved violation or citation would come before the Construction Board of Appeal for review. Additionally, members of the Board of Appeal expressed disapproval of the process amendments as originally proposed as too much process or too “bureaucratic”, which was echoed to some extent during Council discussion of the proposal. Consideration of that feedback led to the current draft ordinance, which defines clear paths of review for Title 15 and non-Title 15 violations and eliminates the second level of review. The Board acknowledged the need for a defensible record of City action and a uniform process for review, as well as Council’s authority to broaden the scope of the Board’s jurisdiction to specify its role in the review of administrative citations appeals, if deemed appropriate. Regardless of the amendments ultimately adopted, a majority of Board members supported amending the Board’s bylaws to better define both the current authority of the Board and to articulate the Board’s role as the final decision maker for administrative citation review. The Board endorsed and Council adopted amendments earlier this year specifying the role of the Board in reviewing administrative citations, but minor additional amendments may be necessary for clarity depending on Council’s actions on these proposed amendments. The changes to the administrative citation appeals program divides the more formal administrative review between advisory bodies based on the nature of the violation. The amendments maintain the Construction Board of Appeals current jurisdiction and clarify that its jurisdiction includes review of administrative citations for Title 15 code violations (housing, building and fire code violations), and non-title 15 violations related to Title 15 violations. Additionally, the amendment creates a separate advisory body to hear appeals of all other 10 Packet Pg. 68 administrative citations, the review of which does not require the same level of technical qualifications or expertise. Reviewing the Administrative Citation Chapter 1.24 amendments The proposed changes to Chapter 1.24 set up a two mutually exclusive, parallel administrative review processes based on the choice of the appellant. The first process is to be conducted by a qualified hearing officer, referred to as the Hearing Officer (formerly Administrator) in Chapter 1.24. The procedures for the Hearing Officer to hear an appeal of an administrative citation remain the same as prior procedures. In general, these hearings are less formal, and provide an opportunity for the alleged violator to present his or her side of the case in person and directly to a volunteer hearing officer. City staff is typically not present; instead, City staff forwards any documentation of the administration citation to the Hearing Officer to consider. The Hearing Officer then determines if the administrative citation should be upheld or revoked. The Hearing Officer does not have the authority to reduce the fine amount per violation. Section 1.24.120 A proposes some clarification of the Hearing Officer’s discretion in the event that an administrative citation contains multiple code violations. A Hearing Officer has the authority to uphold some violations while dismissing other violations, which impacts the total fine amount for an administrative citation, but does not give the Hearing Officer the discretion to alter the fine amount for violations that are upheld. The second process is review by either the Construction Board of Appeals or a newly created Administrative Review Board. Section 1.24.100 B specifies the body that will conduct the review. The Construction Board of Appeals will hear all appeals o f administrative citations issued for violations of Title 15 of the City’s Municipal Code. The Administrative Review Board will hear all appeals of non-Title 15 violations where the person may wish to challenge the citation or any related city action by writ. The decision in these hearings, unlike the hearing officer procedure, must contain certain minimum requirements, as set forth in Section 1.24.130 A and requires the hearing to be recorded. Chapter 1.24 will be amended to make explicit that the decision by either the hearing officer, the Construction Board of Appeals or the Administrative Review Board is final and may not be appealed to the City Council. The proposed amendment to Section 1.20.20 also clarifies there is no appeal to the City Council regarding administrative decisions under Chapter 1.24. This permits the Council to be included in staff communications regarding the case at early stages of the process and to engage in discussions with residents and property owners receiving notices of violations in cases where there may be high level community and Councilmember interest, without compromising due process requirements for a neutral decision maker. Appellants who disagree with final decisions of the respective boards may pursue judicial review in one of two ways as discussed above, based on their choice when the appeal of the administrative citation is filed. 10 Packet Pg. 69 Finally Section 1.24.090 B of the proposed amendments provides for some variation from the generally applicable process in instances where there are multiple related enforcement actions requiring review by specified City bodies, such as the Planning Commission. Occasionally, an administrative citation may be issued concurrent with and in addition to another related City enforcement or review action. For example, Code Enforcement may issue an administrative citation for violating a use permit condition, and at the same time, recommend to Planning staff that a use permit issued by the Planning Commission be revoked or modified to abate the nuisance. In such an example, the Planning Commission, as the permit issuing body, would be required to conduct a noticed public hearing on the proposed modification or revocation of the use permit, but under the generally applicable administrative citation review procedures in Chapter 1.24, the administrative citation would be reviewed by the Administrative Review Board. To avoid this type of division of review and potentially conflicting decisions on the same set of facts, Section 1.24.090 B provides the City Manager with the authority to consolidate review of both the permit action and the administrative citation in this type of situation and send both aspects of the enforcement to the Planning Commission for review/appeal. Section 1.20.20 amendments Section 1.20.20 Right to Appeal is proposed to be amended to add a subsection D, to clarify there is no right of appeal to the council from any administrative decision made by a city official under Chapter 1.24. Chapter 2.30 amendments Chapter 2.30 would be added to create a 3 member Administrative Review Board appointed by the Council for a two year term, with a maximum of two consecutive terms. Members of the board could simultaneously serve on other city advisory bodies, such as the Construction Board of Appeals pursuant to the Council Policies and procedures Section 6.7.2.5. Typically, a member of one advisory body cannot serve as a member of another advisory body. However, Section 6.7.2.5 of the San Luis Obispo Council Policies & Procedures states that members of an advisory body in which technical expertise is often required, such as the Construction Board of Appeals, may simultaneously serve on another advisory body. By allowing dual membership, the Council may give preference to members of the Construction Board of Appeals or Planning Commission, but if members of those boards are not interested in serving on the Administrative Review Board, then Council has the ability to appoint members from the general public who apply and qualify for the positions. Chapter 15.02 Amendment Chapter 15.02 will be amended to add Section 15.02.015 to clarify that in the event of conflict between Chapter 1.24 and any of the city’s building, construction or fire prevention codes, (the 13 codes adopted in Chapter 15.02.010) with regard to administrative citations and review, Chapter 1.24 shall prevail. There is a similar provision in Section 1.24.010 C. Because of potentially conflicting appeal procedures and timelines in some of the adopted codes (Uniform Housing Code Uniform Code for the Abatement of Dangerous Buildings and the International Property Maintenance Code- all 30 days to appeal,) and the absence of specific appeals procedures and timelines in most of the codes, these amendments make explicit that Chapter 1.24 provisions prevail with respect to administrative citations and related appeals. These 10 Packet Pg. 70 amendments further the objective of establishing a clear and consistent appeals process and timelines for both staff and appellants. CONCURRENCES Community Development, Fire, Police Department and Utilities have been consulted throughout the process of developing the amendments and concur with the proposed modifications to Chapter 1.24. FISCAL IMPACT Assuming that volunteer hearing officers can be recruited and retained, no significant additional costs are anticipated. There will be potentially significant staff resources necessary to complete subsequent policy revisions and implement the program, including recruiting and training of hearing officers and Administrative Review Board members, primarily in the City Attorney’s Department and the Building Division. It is also anticipated that staff resources will be required to produce reports and prepare information for the review by the respective boards and that the boards will require legal support from the City Attorney’s Office. It is anticipated that report preparation and information compilation resources will be provided by the department that originated the administrative citation. Minor costs associated with recording the audio portions of all hearings should be anticipated. ALTERNATIVES 1. Direct staff to return with the originally proposed two tier review process. 2. Delete Title 15 violations from Chapter 1.24 and create new procedures solely for Title 15, title 16 and Title 17 violations of the municipal code 3. Direct staff to make any changes council wishes to consider. Attachments: a - draft Ordinance b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 10 Packet Pg. 71 O ______ ORDINANCE NO. _____ (2015 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REPEALING AND REPLACING CHAPTER 1.24 (ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES) OF TITLE 1, AMENDING SECTION 1.20.020 OF TITLE 1, AMENDING CHAPTER 15.02 (BUILDING CODES ADOPTED) TO ADD SECTION 15.02.015 OF TITLE 15 (CHAPTER 1.24 TO SUPERSEDE CONFLICTING ADMINISTRATIVE CITATION AND REVIEW PROVISIONS OF BUILDING CONSTRUCTION AND FIRE PREVENTION REGULATIONS), AND ADDING CHAPTER 2.30 (ADMINISTRATIVE REVIEW BOARD) TO TITLE 2, OF THE SAN LUIS OBISPO MUNICIPAL CODE NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 1.24 of the San Luis Obispo Municipal Code is hereby repealed and replaced to read as follows: Chapter 1.24 ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES 1.24.010 Purpose—Adoption of civil administrative fines and administrative citation guidelines and appeal procedures. 1.24.020 Applicability. 1.24.030 Definitions. 1.24.040 Maintaining public nuisances prohibited. 1.24.050 Abatement of unlawful conditions—Notice. 1.24.060 Extensions of time. 1.24.070 Amount of civil fines. 1.24.080 Manner of payment—Civil fines. 1.24.090 Director review of notices/Consolidation with other enforcement matters. 1.24.100 Appeal of administrative citations. 1.24.110 Hearing procedures for appeal of administrative citations. 10.a Packet Pg. 72 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 2 1.24.120 Decision by hearing officer. 1.24.130 Decision by Administrative Review Board or Construction Board of Appeals. 1.24.140 No appeal to City Council/Right to judicial review. 1.24.150 Collection of unpaid fines. 1.24.010 Purpose-Adoption of civil administrative fines and administrative guidelines and appeal procedures. A. Purpose. The purpose of this chapter is to enable the city, acting as a charter city pursuant to Article XI, Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of this code. Notwithstanding the provisions herein, the city has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with this code as may be required by law. B. Administrative Guidelines Approved by the city council. The city shall prepare, promulgate, and update as necessary, administrative citation and appeals guidelines which shall, among other things, establish policies for providing appropriate and adequate warnings with respect to possible municipal code violations to those persons who may receive an administrative citation, to provide direction to city staff for the correct process of issuing an administrative citation, and to establish the proper format of the administrative citation, and for service of that administrative citation in a manner consistent with the requirements of this Chapter, due process and any other applicable law (hereinafter referred to as the “administrative citation guidelines”). Such administrative citation guidelines shall be expressly approved by a resolution of the city council prior to their adoption. (Ord. 1576 § 1 (part), 2012) C. Effect on Title 15 Violations. The hearing requirements and procedures set forth in this chapter, as they relate to the administrative review of administrative citations, shall supersede any conflicting provisions within the municipal code or any of the codes adopted by San Luis Obispo Municipal Code section 15.02.010 and amended by San Luis Obispo Municipal Code section 15.04.010 and following. 1.24.020 Applicability. A. Enforcement of the Municipal Code. This chapter makes any violation of the provisions of the San Luis Obispo Municipal Code, including but not limited to all construction, fire safety and property maintenance codes adopted by reference and as amended pursuant to Title 15, subject to administrative fines. B. Administrative Authority. This chapter establishes the procedures for the imposition, enforcement, collection, and review of civil administrative fines pursuant to State Government Code Section 53069.4 and pursuant to the city’s plenary police powers as a charter city. C. Remedies Not Exclusive. The use of the administrative enforcement remedies provided by this chapter is solely at the city’s discretion. By adopting this chapter, the city does not intend to 10.a Packet Pg. 73 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 3 limit its discretion to choose the use of any other remedy, civil or criminal, or other administrative procedures, for the abatement of such violations that the city may select in a particular case, including procedures for the imposition of civil or criminal penalties. D. Strict Liability of the Owner. Because serious code violations may impact public health, welfare, and safety and the adequacy and safety of housing, this chapter is intended to impose strict civil liability upon the owners of real property (or the owner of a business where the violation is caused by or relates to the operation of a business) for all violations of the San Luis Obispo Municipal Code which may occur in the city of San Luis Obispo regardless of the existence of specific or general intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) to violate the code. (Ord. 1576 § 1 (part), 2012) 1.24.030 Definitions. The following definitions apply to the use of these terms for the purposes of this chapter: A. Administrative Citation. Document issued by the director levying or assessing a civil fine as set by city council resolution as a penalty for a code violation. B. Administrative Review Board. Adjudicatory body appointed by the city council responsible for conducting administrative hearings of appeals of administrative citations issued for municipal code violations, excluding those issued for violations of Title 15 and for non-Title 15 violations issued in conjunction with a citation for a Title 15 violation, where the decision may be challenged by writ to the Superior Court. Members of this board may serve sim ultaneously on another advisory body pursuant to San Luis Obispo Council Policies and Procedures section 6.7.2.5. C. Code Violation. Any violation of the San Luis Obispo Municipal Code or any code adopted by reference therein. D. Construction Board of Appeals. Adjudicatory body appointed by city council responsible for conducting administrative review of appeals of administrative citations issued for all violations of Title 15, as well as appeals of administrative citations for non-Title 15 code violations issued in conjunction with the Title 15 violation(s). E. Director. The City Manager or department head, or his or her designee, responsible for enforcing the municipal code with respect to his or her department on behalf of the city. F. Effective Date of Administrative Citation. The date specified in the administrative citation as the effective date. Generally the effective date will be the date the administrative citation is issued. However, for code violations of building, plumbing, electrical or other similar structural or zoning regulations that do not create an immediate danger to health or safety, the effective date will be as specified in the notice to correct, which date shall not be less than ten days after the notice to correct is issued. G. Fine Payment Due Date. The date the administrative citation fine is due. It shall be at least ten (10) days after the effective date of the administrative citation. 10.a Packet Pg. 74 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 4 H. Hearing Officer. The person appointed by the city attorney, or his or her designee, to serve as the hearing officer for conducting administrative hearings of appeals of administrative citations issued for municipal code violations, excepting those issued for violations of Title 15 and for non-title 15 violations issued in conjunction with a citation for a Title 15 violation, where the decision may be appealed directly to the Superior Court pursuant to Government Code Section 53069.4 for a de novo hearing. I. Issued. Giving, mailing, personally serving or posting a notice to correct, notice of violation and/or an administrative citation to a person. The notice or administrative citation shall be deemed “issued” on the earliest of the date on which the notice and/or administrative citation is personally served on a person, the date it is mailed to a person by posting in the regular United States mail, or the date it is physically posted on real property where a property related code violation is occurring. If the property is physically posted, notice shall also be given by mail as soon as possible. J. Notice to Correct. A notice of code violation that pertains to continuing building, plumbing, electrical, or other similar structural or zoning violations, that do not create an immediate danger to health or safety. The notice to correct usually serves as a courtesy notice and opportunity to correct or consult with staff regarding the alleged code violation, and does not serve as a final order, decision or determination made by the chief building official or fire official. The notice to correct may be served concurrently with a notice of violation and/or administrative citation; provided, the administrative citation shall have an effective date at least ten da ys after the date the notice to correct is issued. K. Notice of Violation. A written notice issued to a person(s) advising them that they are in violation of the San Luis Obispo Municipal Code with respect to certain real property or the operation of a certain business, or individual behavior, which is served concurrently with an administrative citation assessing a civil fine as set by city council resolution as a penalty for a municipal code violation Subsequent notices regarding the same type of violation, within any twelve-month period, may be cause for imposing additional administrative fines without warning. The notice of violation must be issued at least ten days prior to the effective date of an administrative citation if it pertains to building, plumbing, electrical, structural, zoning, storm water or other violation that does not create an immediate danger to health or safety. L. Person. Any of the following: 1. An individual who causes a code violation to occur. 2. An individual who maintains or allows a code violation to continue, by his or her action or failure to act in a lawful manner. 3. An individual whose agent, employee, or independent contractor causes a code violation by its action or failure to act in a lawful manner. 10.a Packet Pg. 75 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 5 4. An individual who is an owner of real property where a property related code violation occurs. 5. An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises. For purposes of this subsection, “person” includes a natural person or a legal entity including but not limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legally rebuttable presumption that the record owner of a parcel as listed on the county’s latest equalized property tax assessment rolls is the person responsible for a code violation on such parcel. In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a parcel shall be presumed responsible for code violations relating to the operation of the business (for example, sign ordinance violations) on that parcel. (Ord. 1576 § 1 (part), 2012) 6. An individual who is an owner of real property where a violation of the city’s noise or unruly gathering ordinance(s) occurs after notification of a previous violation, in accordance with Chapters 9.12 and 9.13 of the municipal code. 1.24.040 Maintaining public nuisances prohibited. Pursuant to the authority of California Government Code Section 38771 and municipal code Sections 1.12.070 and 1.12.080, any continuing violation of the San Luis Obispo Municipal Code constitutes a public nuisance. Therefore, any person owning or having possession of any real property in the city of San Luis Obispo who is in violation of any provision of the San Luis Obispo Municipal Code may be determined to be maintaining a public nuisance; provided, however, that it shall not be the intent of the city that this chapter preempt any private nuisance right of action or any and all other legal remedies available to private parties to abate such nuisances. (Ord. 1576 § 1 (part), 2012) 1.24.050 Abatement of unlawful conditions—Notice. A. Inspections. Whenever city staff has inspected a property and finds that conditions constituting a violation of the municipal code exist thereon, the director may use the procedures set forth in this chapter to abate such nuisance as authorized by law. B. Notice of Violation and Administrative Citation Issuance. The director may issue a notice of violation, notice to correct and/or administrative citation for a violation to any person or persons if the director has determined, through investigation, a violation exists. A person to whom an administrative citation is issued shall be liable for and shall pay to the city the administrative fine or fines described in the citation when due pursuant to the provisions of this chapter. C. Development Review Conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development review approval, a subdivision map approval, a conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval) shall comply with all mandatory 10.a Packet Pg. 76 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 6 approval conditions imposed upon the issuance of the permit, license, or other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued a notice of violation, notice to correct, and/or administrative citation and may be held responsible for administrative fines under the provisions of this chapter. D. Continuing Violations. Except as provided elsewhere in the municipal code, each day a violation of this code exists shall be a separate and distinct violation and may be subject to a separate administrative fine. Certain provisions of this code, including but not limited to those relating to noise and unruly gatherings, provide that each hour that a violation exists shall be a separate and distinct violation. An administrative citation may charge a violation for one or more days or hours, as applicable, on which a violation exists and for violation of one or more applicable code sections. E. Prior and Repeat Violations. The city may take into consideration the fact that a person has been previously issued an uncorrected notice of violation and/or a sustained administrative citation when the city is determining whether to accept an application or to grant any permit, license or any similar type of land use approval for that person and such notice of violation and/or administrative citation may be used as evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesses within the city .Repeated violations of the same code provision within any twelve month period may result in the issuance of an administrative citation(s) imposing additional administrative fines without a notice of violation and/or notice to correct preceding the citation. F. Contents of Notice of Violation, Notice to Correct and/or Administrative Citation. The director shall generally issue a notice of violation, notice to correct and/or administrative citation to person(s) responsible for a code violation as set for in section 1.24.030(L).The administrative citation guidelines as approved by the city council pursuant to Section 1.24.010 hereof shall, among other things, identify those items of information which must be contained in the notice of violation and/or administrative citation issued to persons and alleging a violation of the municipal code, but must, at a minimum, inform the responsible person of the nature of the violation charged, any right to correct the violation, and/or the right to appeal any citation, as well as the process by which to verify to the city the correction of violation(s) and/or the process to appeal citations. G. Service. The notice of violation, notice to correct and/or administrative citation and any amended notice of violation and/or administrative citation shall be served by mail or personal service or posted on the property where the code violation is occurring in the manner provided for in the approved administrative citation guidelines. H. Proof of Service. Proof of personal service of the notice of violation and/or administrative citation shall be documented as provided for in the approved administrative citation guidelines. (Ord. 1576 § 1 (part), 2012) 1.24.060 Extensions of time. The director may grant an extension of any fine due date and abatement deadline if the director determines that such an extension of time will not create or perpetuate an imminent dange r to the 10.a Packet Pg. 77 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 7 public health and safety. The director shall have the authority to place reasonable conditions on such an extension. (Ord. 1576 § 1 (part), 2012) 1.24.070 Amount of civil fines. A. Fine Schedule. The amount of fines for violating particular provisions of the code shall be set in a schedule of fines adopted by resolution by the city council. The schedule may include escalating fine amounts for repeat code violations occurring within specified periods of time. B. Due Date for Fines. Fines are due as specified in the administrative citation or, in the event of an unsuccessful appeal, as determined by the hearing officer, Administrative Review Board, or Construction Board of Appeals. (Ord. 1576 § 1 (part), 2012) 1.24.080 Manner of payment—Civil fines. A. Paid by Mail. Fines shall be paid to the city on or before the due date. Payment shall be made by check or money order. The director, for purposes of convenience and ease of processing, may authorize payment to be made in accordance with any other method, including designating a location within the city for such payments. B. Further Violations. Payment of an administrative fine shall not excuse the person from correcting the code violation. The issuance of an administrative citation or the payment of a fine does not preclude the city from taking any other enforcement or legal action regarding a code violation that is not corrected, including issuing additional administrative citations or the initiation of criminal or civil abatement proceedings. (Ord. 1576 § 1 (part), 2012) 1.24.090. Director review of notices /Consolidation with other enforcement matter A. Within five days of issuance of a notice to correct/notice of violation, a person receiving such notice(s) and citation may request in writing that the director review a contested notice to correct and/or notice of violation. The director, or his or her designee, shal l review all contested notices prior to the effective date of an administrative citation. The director shall have the authority to modify or rescind any contested notice that he or she finds was issued in error based on the code section noticed or other information provided by the noticed person. If the director does not modify or rescind any contested notice or fails to take any action by the effective date of the administrative citation, the notice and citation, and deadlines stated in each, remain in full force.There is no separate right to appeal from the director’s review or determination on a notice of correction or violation, but any assertions of error or challenges to the Director’s review or determination may be raised as part of any appeal from an administrative citation pursuant to section 1.24.100. B. If an administrative citation is issued in conjunction with a related city enforcement action and the other action requires review by another advisory body (i.e., the planning commission) or city council, the city manager, or city manager’s designee, in his or her sole discretion, may consolidate review of the administrative citation with the review of the other related action(s), 10.a Packet Pg. 78 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 8 and refer review of all related matters to the body with jurisdiction over the violation requiring the highest level of review. 1.24.100 Appeal of administrative citations A. Appeal. Any person aggrieved by the action of the director in issuing an administrative citation pursuant to the provisions of this chapter may appeal such citation. To appeal an administrative citation, the appellant shall file a signed written appeal that must be received by the city clerk within ten (10) days of the effective date of the administrative citation. The request for appeal shall be deemed filed on the date received by the city clerk. If no appeal is filed within ten days of the effective date of the administrative citation, the administrative citation shall be deemed final. B. Appeal Process 1. Title 15 violations (building, plumbing, housing, fire code, etc.). For administrative citations for violations of Title 15 and all non-Title 15 violations issued in conjunction with violations of Title 15, the appeal shall be to the Construction Board of Appeals, with a right to appeal either directly to the Superior Court pursuant to Government Code Section 53069.4 or to petition for a writ to the Superior Court. 2. Election of appeal process for non-Title 15 violations. For all other administrative citations not eligible for appeal to the Construction Board of Appeals, an appellant may elect either of the following: (a) Where an appellant does not wish to challenge the administrative citation or any final city action related to the citation in court by any writ action, an appellant may elect an expedited appeal process to a city hearing officer, whose final decision may be appealed directly to the Superior Court for de novo review pursuant to Government Code Section 53069.4. In the event an appellant wishes to pursue any writ action against the city, the appellant shall be required to exhaust the administrative review requirement set forth in Section 1.24.100 B.2 (b) below. Failure to proceed in accordance with section 1.24.100 B 2 (b) shall constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action related to the administrative citation or any related city action appealed under this section. (b) Where an appellant wishes to challenge the administrative citation or any final city action related to the citation in court by any writ action, such appeal shall be made to the Administrative Review Board to ensure preparation of an adequate administrative record. The decision of the hearing body may be appealed either directly to Superior Court for de novo review pursuant to Government Code Section 53069.4 or the appellant may file a petition for a writ to the Superior Court. For purposes of writ review, the decision of the Administrative Review Board shall be final and the completed appeal to the Administrative Review Board shall satisfy administrative exhaustion requirements of the City. 10.a Packet Pg. 79 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 9 (c) Only one appeal process may be chosen, and once chosen, the election is final. C. Contents of Appeal. The written appeal shall state the following information: 1. A caption setting forth the names, addresses, phone numbers and other contact information appellants wish city to have, of all appellants participating in the appeal. 2. A brief statement setting forth the interest of each of the appellants, either as the recipient of the notice of violation and administrative citation, or the legal interest of each in the building or property that is the subject of the notice of violation and administrative citation. 3. A brief statement describing: (a) the specific notice(s) of violation and administrative citation(s) appealed, by date of notice of violation and administrative citation, address of property cited or location where an individual was cited, and municipal code violations cited, (b) whether all or only specified code violations are being appealed, (c) why the appellant is appealing the notice of violation and administrative citation, and why the notice of violation and administrative citation should be revoked, modified or otherwise set aside. 4. For non-Title 15 code violations, pursuant to Section 1.24.100 B, a statement whether the appellant elects either to proceed with a hearing officer (if no writ will be sought) or to the Administrative Review Board (if the appellant intends to challenge city action by writ). For Title 15 violations, and non-Title 15 violations issued in conjunction with a Title 15 violation, the appeal shall be scheduled by staff to be heard by the Construction Board of Appeals. Failure to request hearing before the Construction Board of Appeals or Administrative Review Board within the time for the filing of an appeal will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. 5. A statement that all of the matters alleged in the appeal are true, followed by the signature(s) of each appellant(s), and one official mailing address for the appellant(s) to receive further notices from city relating to the appeal. 1.24.110 Hearing procedures for appeals of administrative citations A. Applicable Hearing Officer or Board. In accordance with the procedures set forth below, after receipt of a timely filed appeal, the following shall hear the appeal: 1. For appeals of administrative citations issued for violations of Title 15, and non -Title 15 violations issued in conjunction with a Title 15 violation, the Construction Board of Appeals shall hear the appeal. 10.a Packet Pg. 80 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 10 2. For appeals of administrative citations outside the jurisdiction of the Construction Board of Appeals in subsection 1.24.110 A.1 above, where the person elects to have the right of appeal for a de novo hearing in the Superior Court under Government Code Section 53069.4, or has failed timely to elect to have the Administrative Review Board hear the appeal, the hearing officer shall hear the appeal. The hearing officer shall be the person designated by the city attorney to serve as the hearing officer. 3. For appeals of administrative citations outside the jurisdiction of the Construction Board of Appeals in subsection 1.24.110 A.1 above, where the appellant may wish to challenge city action by writ, and timely elects to appeal to the Administrative Review Board , the Administrative Review Board shall hear the appeal. 4. For appeals of administrative citations outside the jurisdiction of the Construction Board Appeals in subsection 1.24.100 A.1 above, if the person fails to request a hearing before the Administrative Review Board, t, the hearing officer shall hear the appeal. B. Time and Place of Hearings/Challenge of Hearing Officer for Cause. Hearings shall be conducted by a hearing officer, the Administrative Review Board or Construction Board of Appeals, as applicable, on the date, time and place specified in writing by the city and delivered to the appellant. Such date shall not be less than ten (10) days or more than sixty (60) days from the date the appeal was filed with the city clerk. In the hearing notice, the city shall identify the hearing officer or members of the Administrative Review Board or Construction Board of Appeals hearing the appeal. An appellant may challenge a hearing officer or member(s) of the Administrative Review Board or Construction Board of Appeals from hearing their appeal, but only for good cause, and the reasons shall be specified in writing received by the director within ten days after the date of mailing of the notice .The fact that a hearing officer or member of the Administrative Review Board or Construction Board of Appeals has conducted a previous appeal hearing involving the person shall not constitute good cause. The director shall notify the challenged hearing officer or member(s) of the Administrative Review Board and give the challenged officer the opportunity to disqualify himself or herself. If he or she chooses not to disqualify, he or she shall do so in writing documenting the reasons why disqualification is not required. The appellant shall be notified of the challenged officer’s decision, and the hearing shall proceed as scheduled. The person’s challenge and the decision not to disqualify shall become part of the administrative record. If the hearing officer disqualifies himself or herself, the city attorney shall appoint another hearing officer. If a member or members of a board disqualifies(y) himself or herself, the hearing shall proceed with the remaining member(s) and a hearing officer(s) appointed by the city attorney to replace each disqualified member. C. Appeal of Records. The director shall ensure that the administrative citation and any supporting documentation is delivered to the applicable hearing officer or board in sufficient time prior to the appeal hearing. Before the hearing, the director shall also make available to the 10.a Packet Pg. 81 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 11 appellant a copy of any additional information concerning the administrative citation which has been or will be provided to the hearing officer or board. D. Presentation of Evidence. The appellant shall be given the opportunity to testify and to present evidence relevant to the code violation specified in the administrative citation. E. Use of Reports as Evidence. The administrative citation and any documents, exhibits, reports or other materials prepared by city staff or by the director concerning a code violation or an attempted correction of a code violation that are provided to the applicable hearing officer or board shall be accepted by the hearing officer or board as prima facie evidence of the code violation and the facts stated in such documents. F. Witnesses/Additional Evidence/Submission of Written Evidence by Appellant who does not Appear. Neither city staff nor any other representative of the city shall be required to attend the appeal hearing, nor shall the hearing officer nor applicable board require that there be submitted any evidence, other than the administrative citation and documentation relating to the citation that city relied on in issuing the citation, that may exist among the public records of the city with respect to the violation. However, any such appearance or submission may be made at the discretion of the director. If the appellant has communicated that he or she does not intend to appear at the scheduled hearing, but submits written evidence to the hearing officer or board and the director at least ten (10) days prior to the hearing, the hearing officer or board may consider that evidence. Any additional evidence prepared by city staff may also be considered by the hearing officer or board, provided that it has been issued to the appellant, by certified mail, at least five (5) days prior to the hearing. G. Continuances. The applicable hearing officer or board may continue an appeal hearing if a request is made showing good cause by the appellant or the director. Except in case of medical or other emergency, all continuance requests shall be made by a written request received by the applicable hearing officer or board from the director or the appellant within five days of the date of the written notice advising of the time, date and place of hearing. If the continuance is granted, a new hearing date shall be set within thirty days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present, and the appellant has not presented any written evidence pursuant to Section 1.24.110 F above, the request(s) shall be deemed abandoned in accordance with subsection J of this section. H. Rules of Evidence. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. I. No Subpoena Power. The hearing officer, the Administrative Review Board and/or the Construction Board of Appeals do not have the authority to issue a subpoena. J. Failure to Appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection G of this section, or unless the appellant has submitted written evidence per subsection F, shall constitute an abandonment of the appeal, and shall constitute a failure to 10.a Packet Pg. 82 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 12 exhaust administrative remedies concerning the violations set forth in the administrative citation. (Ord. 1576 § 1 (part), 2012) K. Recordation of Board Hearings. The audio portion of every hearing before the Construction Board of Appeals or the Administrative Review Board shall be recorded. Any party to the hearing may, at their own expense, also record such hearings by court or other reporter or video recording, or other means, provided the recording method does not interfere with the conduct of the hearing. Any party recording the hearing by any means shall make a copy available to any other party upon request and payment of reasonable duplication cost. L. Additional Hearing Procedural Requirements. Any additional procedural requirements for hearings may be specified in the administrative citation and appeals guidelines. 1.24.120 Decision by Hearing Officer A. Decision by hearing officer. After considering all the evidence and testimony submitted at an appeal hearing, the hearing officer shall issue a written decision within ten business days to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. If an administrative citation charges two or more code violations, the hearing officer may uphold all violations, or uphold some violations but not all violations, or dismiss some or all violations. The hearing officer does not have the authority to reduce or modify a fine for a violation that is upheld on appeal. If a violation is not upheld, the administrative citation shall be revoked. The notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. The failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision by the hearing officer. The decision of the hearing officer shall be final. B. Payment of Fine after Appeal Decision. The filing of an appeal from a decision by the hearing officer shall suspend any fine assessed in the administrative citation. In the event that the administrative citation is revoked, no payment of the fine is due. In the event that the administrative citation is upheld, a new compliance deadline and fine due date shall be established by the hearing officer and indicated on the decision for the appeal, which shall not be less than ten (10) days nor more than thirty (30) days after the date the decision is mailed . C. Effect of Revocation of Citation. Revocation of the administrative citation by the hearing officer shall void the administrative citation fine. (Ord. 1576 § 1 (part), 2012) 1.24.130 Decision by Administrative Review Board or Construction Board of Appeals A. Decision by Board. After considering all the evidence and testimony submitted at an appeal hearing, the Administrative Review Board or Construction Board of Appeals, as applicable, shall issue a decision, as further described in the administrative citation and appeals guidelines, within thirty (30) calendar days to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. A decision must be supported by a majority of the applicable board. A member shall not vote if he or she did not hear all the evidence or listen to or read the entire hearing record. If an administrative citation charges two or more code 10.a Packet Pg. 83 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 13 violations, the applicable board may uphold all violations, or uphold some violations but not all violations, or dismiss some or all violations. The written decision shall also summarize the evidence, and shall be supported by written findings of fact. The Administrative Review Board and the Construction Board of Appeals do not have the authority to reduce or modify a fine of a violation that is upheld on appeal. If a violation is not upheld, the administrative citation shall be revoked. The notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. The failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision. The decision of the Administrative Review Board or Construction Board of Appeals shall be final. The written decision may be, but is not required to be, adopted by resolution and shall contain, at a minimum, the following: 1. Name of Appellant; 2. Date of administrative citation, municipal code violations charged, location of subject property (if applicable); 3. Date, time, and place of appeal hearing, and the identity of hearing officers; 4. The names of all people participating in the hearing and their capacity, either as appellant, representative of appellant, witness for or against appellant, city staff or otherwise; 5. A statement that the hearing was recorded, the method of recordation, and that recording is in the custody of the city clerk; 6. A statement whether the appellant or designated representative was present or failed to appear; 7. If no one appeared on behalf of appellant, a statement whether appellant submitted any written or other evidence; 8. A statement that the decision maker received the administrative citation and supporting information as prima fascia evidence; 9. A brief summary of all credible relevant testimony and the identity of the witness giving it. 10. A list of all physical evidence , including but not limited to photographs, maps, drawings, and documents; 11. A statement whether the decision maker upholds, revokes or modifies the administrative citation(s), as to each municipal code violation charged; 12. A statement as to which oral or physical evidence the decision maker found credible in support of the decision; 13. If the decision upholds the administrative citation, in whole or in part, the decision shall specify the due date for payment of the fine, which shall not be less than ten (10) days nor more than thirty (30) days after the date the decision is mailed. 14. The names and votes of members of the board, showing that a majority of the members of the board supported the decision. 15. The signature of the chairman of the board or his or her designee, and the date of signature. B. Payment of Fine after Appeal Decision. The filing of an appeal from a decision by the Administrative Review Board or the Construction Board of Appeals, or a petition for writ, shall suspend any fine assessed in the administrative citation. In the event that the administrative 10.a Packet Pg. 84 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 14 citation is revoked, no payment of the fine is due. In the event that the administrative citation is upheld, a new compliance deadline and fine due date shall be established by the applicable board and indicated on the notice of decision for the appeal. C. Effect of Revocation of Citation. Revocation of the administrative citation by the Administrative Review Board or Construction Board of Appeals shall void the administrative citation fine. 1.24.140 No Appeal to City Council/Right to judicial review. A. Notice of Decision is final. The notice of the decision by either the hearing officer or Administrative Review Board or Construction Board of Appeals is final, and is not subject to appeal to the city council pursuant to Chapter 1.20 of this code. B. Judicial Review After Any Hearing / Applicability of Government Code Section 53069.4. 1. The appellant may seek judicial review of any decision by the hearing officer or applicable board, by filing a further appeal with the San Luis Obispo superior court within twenty calendar days after service of the decision, in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon the city clerk for the city of San Luis Obispo. The appellant must pay to the superior court the appropriate court filing fee when the appeal is filed. An appellant, who elected to have the appeal heard by a hearing officer, cannot seek judicial review by petition for writ. 2. Failure to Exhaust Administrative Appeal. No appeal is permitted from a decision where the appellant is deemed to have abandoned the contest of the administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the hearing officer or applicable board. 3. Forwarding of Records to Superior Court. The city attorney or the city attorney’s designee shall forward to the superior court within fifteen days of the court’s request, the pertinent administrative citation documents for any case appealed to that court. If the superior court revokes any administrative citation, the city will refund to the appellant the superior court filing fee paid by the appellant. (Ord. 1576 § 1 (part), 2012) C. Judicial Review After Hearing by Administrative Review Board or Construction Board of Appeals/Petition for Writ 1. The appellant may seek judicial review of the Administrative Review Board’s or Construction Board of Appeals’ decision by filing a petition for writ with the San Luis Obispo superior court. The time within which the petition must be filed, and the applicable requirements are governed by the California Code of Civil Procedure. The petition for writ filed with the court must also contain a proof of service showing a copy of the petition for writ was served upon the city clerk. The petitioner must pay to the superior court the appropriate court filing fee when the petition is filed. 10.a Packet Pg. 85 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 15 2. Failure to Exhaust Administrative Appeal. No petition for writ is permitted from a decision where the appellant is deemed to have abandoned the contest of the administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the Administrative Review Board or Construction Board of Appeals. 3. Preparation of Administrative Record. Upon request of the superior court, and petitioner’s payment to City of the costs of preparing the administrative record, the city attorney or city attorney’s designee shall have the administrative record prepared and forwarded to the superior court. 1.24.150 Collection of unpaid fines. A. City Remedies. The city, at its discretion, may pursue any and all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. A civil administrative fine shall be deemed unpaid the day after the due date set by the administrative citation, or if appealed, the day after the due date set by the hearing officer or applicable board in its decision. If the decision of the hearing officer or applicable board is appealed to, or petition for writ filed with, the superior court, the civil administrative fine shall be deemed unpaid th e day after the due date set by the superior court. If the superior court upholds the administrative citation, but fails to set a due date, the fine shall be deemed unpaid on the eleventh (11th) day after the superior court decision is mailed. 1. Remedies Cumulative. Pursuit of one remedy does not preclude the pursuit of any other remedies. 2. Refusal to Issue Permits. A city department may refuse to accept an application for a city permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any city permit, license, or other city approval pertaining to the property that is the subject of unpaid delinquent fines, liens or assessments. 3. Suspension of Issued Permits. Notwithstanding any other provision of the code, any permit, license, or any type of land use approval issued by the city to a person who has unpaid administrative citations totaling five hundred dollars or more which remain delinquent for thirty days or longer may be suspended by the department which issued the permit or other entitlement. The suspension becomes effective ten days after the date the notice of the suspension is placed by the issuing department in the United States mail postage prepaid, addressed to the person, and continues until the administrative delinquency is paid in full. The person may request an appeal or review hearing pursuant to the specific permit, license, or other city approval procedures or ordinance if such a request is filed before the ten-day period ends. 4. Criminal Remedies. The city attorney, at his or her discretion, may also issue a criminal citation or complaint (infraction or misdemeanor) to any person for a code violation. 10.a Packet Pg. 86 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 16 B. Violations Constitute a Public Nuisance. The director may pursue the remedies described in this section whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for an administrative citation or to otherwise abate the violation or sanction the property owner. To compel code compliance, the city may also seek to collect assessed fines by means of a nuisance abatement lien or special assessment against the property where a property related violation occurred in accordance with the procedures in Government Code Sections 38773.1 and 38773.5. C. Lien Conditions. To recover any delinquent administrative fines as a lien or special assessment on real property, the following conditions must be met: 1. The director must submit to and receive approval from the city council for a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; and 2. The total amount of the delinquent fine against the property owner must be delinquent for sixty days or more. D. Lien Collections. The director is authorized to take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following: 1. Request the county recorder to record a notice of any lien or special assessment certified by resolution of the city council. 2. Request the county tax collector on behalf of the city to collect any special assessments certified by resolution of the city council. E. Notice of Lien Collection Procedures. All administrative citations shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of this chapter. This notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when an administrative citation is served on the person. In addition, the director shall by first class mail send notice to each property owner at least ten days before the city council considers the resolution to certify the amounts of the liens and special assessments stating the date, time, and location of the meeting. The lien or special assessment shall be imposed on the date the administrative citation for the code violation is issued to the responsible person and shall become effective upon the recording of a notice of lien or special assessment by the County Recorder. F. Contesting Certification of a Lien. A person may contest the amount or the validity of any lien or special assessment for a civil fine at the public hearing when the city council considers the resolution to certify the liens or assessments. Such contests shall be limited to the issue of the amount or validity of the lien or assessment and may not consider whether the underlying code violation occurred. Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment. (Ord. 1576 § 1 (part), 2012) 10.a Packet Pg. 87 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 17 SECTION 2. Section 1.20.020 Right to Appeal is amended to add a subsection D to read as follows: 1.20.20 Right to Appeal D. No right of appeal to the council from any administrative decision made by a city official under the provisions of Chapter 1.24 of this code relating to administrative citations and review of administrative citations shall exist. SECTION 3. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby amended to add Section 15.02.015 to read as follows: 15.02.015. Chapter 1.24 To Supersede Conflicting Administrative Citation and Review Provisions of Building Construction and Fire Prevention Regulations In the event of any conflict between the provisions of Chapter 1.24 and any provision of the building construction and fire prevention regulations of the city of San Luis Obispo adopted pursuant to section 15.02.010, relating to issuance of administrative citations and/or administrative review of administrative citations by the Construction Board of Appeals or any appeals board authorized under those regulations, the provisions of Chapter 1.24 shall control. SECTION 4. Chapter 2.30 is hereby added to the San Luis Obispo Municipal Code to read as follows: Chapter 2.30 ADMINISTRATIVE REVIEW BOARD 2.30.010 Board Created There is established the administrative review board of the city. 2.30.020 Membership The administrative review board shall consist of three members appointed by the city council to serve in an adjudicatory capacity. Members of the administrative review board may simultaneously serve on other city advisory bodies requiring technical expertise, including the Construction Board of Appeals, pursuant to San Luis Obispo Council Policies & Procedures section 6.7.2.5. Two Council members shall serve as liaison to this board. 2.30.30 Term of office A . Members shall be appointed for terms of two years which shall commence immediately upon appointment by the council. Commissioners shall serve at the pleasure of the council and may be 10.a Packet Pg. 88 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 18 reappointed; provided, that no appointee shall serve more than two consecutive full terms (four years). Appointment to a partial term of office following an unscheduled vacancy shall not preclude the appointee from serving two consecutive full terms following completion of a partial term; provided the partial term is less than one year. B .Vacancies shall be filled for unexpired terms. C. All of the applicable procedures and requirements contained in the council adopted “Handbook for Advisory Bodies” shall be incorporated in this section by reference. 2.30.040 Functions, Powers and duties The administrative review board’s basic responsibility is to decide the validity of administrative citations which are appealed to the board pursuant to chapter 1.24. To carry out this responsibility, the commission will: A. Conduct hearings, B. Evaluate evidence, C. Prepare written decisions supported by written findings of fact as to whether the administrative decision should be upheld or revoked, in whole or in part. D. Perform such other duties required by the council or by state or city laws. 2.30.50 Meetings A. All regular meetings shall be held at the established time and place set for that body as set forth within the Administrative Review Board bylaws. SECTION 5. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the city’s rules and regulations. It is the city’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. 10.a Packet Pg. 89 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) Ordinance No. _____ (2015 Series) Page 19 INTRODUCED on the ____ day of ____, 2015, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2015, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, __________ ______________________________ Anthony J. Mejia City Clerk 10.a Packet Pg. 90 Attachment: a - draft Ordinance (1137 : Amendments to Muni Code Chapter 1.24) 1.24.010 Purpose—Adoption of civil administrative fines and administrative citation guidelines and appeal procedures. 1.24.020 Applicability. 1.24.030 Definitions. 1.24.040 Maintaining public nuisances prohibited. 1.24.050 Abatement of unlawful conditions—Notice. 1.24.060 Extensions of time. 1.24.070 Amount of civil fines. 1.24.080 Manner of payment—Civil fines. 1.24.090 Appeal of administrative citationDirector review of notices/Consolidation with other enforcement matters. 1.24.100 Hearing procedures for notice to correctAppeal of administrative citations. 1.24.110 Hearing procedures for appeal of administrative citations. 1.24.120 Appeal decisionDecision by hearing officer. 1.24.130 Decision by Administrative Review Board or Construction Board of Appeals. 1.24.140 No appeal to City Council/Right to judicial review. 1.24.140150 Collection of unpaid fines. 1.24.010 Purpose—-Adoption of civil administrative fines and administrative guidelines and appeal procedures. A. Purpose. The purpose of this chapter is to enable the city, acting as a charter city pursuant to Article XI, Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of this code. Notwithstanding the provisions herein, the city has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with this code as may be required by law. B. Administrative Guidelines Approved by the City Council. Concurrently with the adoption of the ordinance establishing this chapter, thecity council. The city shall prepare and, promulgate, and update as necessary, administrative citation and appeals guidelines which shall, among other things, establish policies for providing appropriate and adequate warnings with respect to possible municipal code violations to those persons who may receive an administrative citation, to provide direction to city staff for the correct process of issuing an administrative citation, and to establish the proper format of the administrative citation, and for service of that administrative citation in a manner consistent with the requirements of this Chapter, due process and any other applicable law (hereinafter referred to as the “administrative citation guidelines”). Such administrative citation guidelines shall be expressly approved by a resolution of the city council prior to their adoption. (Ord. 1576 § 1 (part), 2012) C. Effect on Title 15 Violations. The hearing requirements and procedures set forth in this chapter, as they relate to the administrative review of administrative citations, shall supersede any conflicting provisions within the municipal code or any of the codes adopted by San Luis Obispo Municipal Code section 15.02.010 and amended by San Luis Obispo Municipal Code section 15.04.010 and following. 1.24.020 Applicability. A. Enforcement of the Municipal Code. This chapter makes any violation of the provisions of the San Luis Obispo Municipal Code, including but not limited to all construction, fire safety and property maintenance codes adopted by reference and as amended pursuant to Title 15, subject to administrative fines. B. Administrative Authority. This chapter establishes the procedures for the imposition, enforcement, collection, and review of civil administrative fines pursuant to State Government Code Section 53069.4 and pursuant to the city’s plenary police powers as a charter city. C. Remedies Not Exclusive. The use of the administrative enforcement remedies provided by this chapter is solely at the city’s discretion. By adopting this chapter, the city does not intend to limit its discretion to choose the use of any other remedy, civil or criminal, or other administrative procedures, for the abatement of such violations that the city may select in a particular case, including procedures for the imposition of civil or criminal penalties. 10.b Packet Pg. 91 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) D. Strict Liability of the Owner. Because serious code violations may impact public health, welfare, and safety and the adequacy and safety of housing, this chapter is intended to impose strict civil liability upon the owners of real property (or the owner of a business where the violation is caused by or relates to the operation of a business) for all violations of the San Luis Obispo Municipal Code which may occur in the city of San Luis Obispo regardless of the existence of specific or general intent or prior knowledge of such violations and, further, regardless of any intent (or lack thereof) to violate the code. (Ord. 1576 § 1 (part), 2012) 1.24.030 Definitions. The following definitions apply to the use of these terms for the purposes of this chapter: A. Administrative Citation. Document issued by the director levying or assessing a civil fine as set by council resolution as a penalty for a code violation. The director shall not issue an administrative citation pertaining to building, plumbing, electrical, or other similar structural or zoning violations that do not create an immediate danger to health and safety unless at least ten days prior to the issuance of the administrative citation, the director served a notice to correct.city council resolution as a penalty for a code violation. B B. Administrative Review Board. Adjudicatory body appointed by the city council responsible for conducting administrative hearings of appeals of administrative citations issued for municipal code violations, excluding those issued for violations of Title 15 and for non-Title 15 violations issued in conjunction with a citation for a Title 15 violation, where the decision may be challenged by writ to the Superior Court. Members of this board may serve simultaneously on another advisory body pursuant to San Luis Obispo Council Policies and Procedures section 6.7.2.5. C. Code Violation. Any violation of the San Luis Obispo Municipal Code or any code adopted by reference therein. C D. Construction Board of Appeals. Adjudicatory body appointed by city council responsible for conducting administrative review of appeals of administrative citations issued for all violations of Title 15, as well as appeals of administrative citations for non-Title 15 code violations issued in conjunction with the Title 15 violation(s). E. Director. The City Manager or department head, or his or her designee, responsible for enforcing the municipal code with respect to his or her department on behalf of the city. D F. Effective Date of Administrative Citation. The date specified in the administrative citation as the effective date. Generally the effective date will be the date the administrative citation is issued. However, for code violations of building, plumbing, electrical or other similar structural or zoning regulations that do not create an immediate danger to health or safety, the effective date will be as specified in the notice to correct, which date shall not be less than ten days after the notice to correct is issued. G. Fine Payment Due Date. The date the administrative citation fine is due. It shall be at least ten (10) days after the effective date of the administrative citation. H. Hearing Administrator.Officer. The person appointed by the city administratorattorney, or his or her designee, to serve as the hearing officer for conducting administrative hearings. of appeals of administrative citations issued for municipal code violations, excepting those issued for violations of Title 15 and for non-title 15 violations issued in conjunction with a citation for a Title 15 violation, where the decision may be appealed directly to the Superior Court pursuant to Government Code Section 53069.4 for a de novo hearing. E I. Issued. Giving, mailing, personally serving or posting a notice to correct, notice of violation and/or an administrative citation to a person where “issuance” is . The notice or administrative citation shall be deemed to have occurred“issued” on the earlierearliest of the date when anon which the notice and/or administrative citation is personally served on a person, the date it is mailed to a person by posting in the regular United States mail, or the date it is physically posted on real property where a property related code violation is occurring. If the property is physically posted, notice shall also be given by mail as soon as possible. F J. Notice to Correct. A type of notice of code violation that pertains to continuing building, plumbing, electrical, or other similar structural or zoning violations, that do not create an immediate danger to health and safety. It must be issued at least ten days prior to issuing any administrative citation pertaining to building, plumbing, electrical, or 10.b Packet Pg. 92 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) other similar structural or zoning violations, that do not create an immediate danger to health and safety beingor safety. The notice to correct usually serves as a courtesy notice and opportunity to correct or consult with staff regarding the alleged code violation, and does not serve as a final order, decision or determination made by the chief building official or fire official. The notice to correct may be served concurrently with a notice of violation and/or administrative citation; provided, the administrative citation shall have an effective date at least ten days after the date the notice to correct is issued. G K. Notice of Violation. An official city municipal code violationA written notice issued to a person(s) notifyingadvising them that they are in violation of the San Luis Obispo Municipal Code with respect to certain real property or the operation of a certain business., or individual behavior, which is served concurrently with an administrative citation assessing a civil fine as set by city council resolution as a penalty for a municipal code violation Subsequent notices regarding the same type of violation, within any twelve-month period, may be cause for imposing additional administrative fines without warning. The notice of violation must be issued at least ten days prior to the effective date of an administrative citation if it pertains to building, plumbing, electrical, structural, zoning, storm water or other violation that does not create an immediate danger to health or safety. H L. Person. Any of the following: 1. 1. An individual who causes a code violation to occur. 2. 2. An individual who maintains or allows a code violation to continue, by his or her action or failure to act in a lawful manner. 3. 3. An individual whose agent, employee, or independent contractor causes a code violation by its action or failure to act in a lawful manner. 4. 4. An individual who is an owner of real property where a property related code violation occurs. 5. 5. An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises. For purposes of this subsection, “person” includes a natural person or a legal entity including but not limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legally rebuttable presumption that the record owner of a parcel as listed on the county’s latest equalized property tax assessment rolls is the person responsible for a code violation on such parcel. In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a parcel shall be presumed responsible for code violations relating to the operation of the business (for example, sign ordinance violations) on that parcel. (Ord. 1576 § 1 (part), 2012) 6. An individual who is an owner of real property where a violation of the city’s noise or unruly gathering ordinance(s) occurs after notification of a previous violation, in accordance with Chapters 9.12 and 9.13 of the municipal code. 1.24.040 Maintaining public nuisances prohibited. Pursuant to the authority of StateCalifornia Government Code Section 38771 and municipal code Sections 1.12.070 and 1.12.080, any continuing violation of the San Luis Obispo Municipal Code constitutes a public nuisance. Therefore, any person owning or having possession of any real property in the city of San Luis Obispo who is in violation of any provision of the San Luis Obispo Municipal Code may be determined to be maintaining a public nuisance; provided, however, that it shall not be the intent of the city that this chapter preempt any private nuisance right of action or any and all other legal remedies available to private parties to abate such nuisances. (Ord. 1576 § 1 (part), 2012) 1.24.050 Abatement of unlawful conditions—Notice. A. Inspections. Whenever city staff has inspected a property and finds that conditions constituting a violation of the municipal code exist thereon, the director may use the procedures set forth in this chapter to abate such nuisance as 10.b Packet Pg. 93 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) authorized by law. B. Notice of Violation and Administrative Citation Issuance. The director may issue a notice of violation, notice to correct and/or administrative citation for a violation to any person or persons whom the director deems appropriate if the director has determined, through investigation, that a violation exists. A person to whom a notice of violation and/oran administrative citation is issued shall be liable for and shall pay to the city the administrative fine or fines described in the notice of violation and/or administrative citation when due pursuant to the provisionprovisions of this chapter. C. Development Review Conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development review approval, a subdivision map approval, a conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval) shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued a notice of violation, notice to correct, and/or administrative citation and may be held responsible for administrative fines under the provisions of this chapter. D. Continuing Violations. Except as provided elsewhere in the municipal code, each day a violation of this code exists shall be a separate and distinct violation and may be subject to a separate administrative fine. A noticeCertain provisions of violationthis code, including but not limited to those relating to noise and/or unruly gatherings, provide that each hour that a violation exists shall be a separate and distinct violation. An administrative citation may charge a violation for one or more days or hours, as applicable, on which a violation exists and for violation of one or more applicable code sections. E. Prior and Repeat Violations. The city may take into consideration the fact that a person has been previously issued aan uncorrected notice of violation and/or a sustained administrative citation when the city is determining whether to accept an application or to grant any permit, license or any similar type of land use approval for that person and such notice of violation and/or administrative citation may be used as evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesses within the city .Repeated violations of the same code provision within any twelve month period may result in the issuance of an administrative citation(s) imposing additional administrative fines without a notice of violation and/or notice to correct preceding the citation. F. Contents of Notice. of Violation, Notice to Correct and/or Administrative Citation. The director shall generally issue a notice of violation, notice to correct and/or administrative citation to the owner or owners of the real property upon which the violation exists as the person presumed under this chapter to be(s) responsible for thea code violation. as set for in section 1.24.030(L).The administrative citation guidelines as approved by the city council pursuant to Section 1.24.010 hereof shall, among other things, identify those items of information which must be contained in the notice of violation and/or administrative citation issued to persons and alleging a violation of the municipal code, but must, at a minimum, inform the responsible person of the nature of the violation charged, any right to correct the violation, and/or the right to appeal any citation, as well as the process by which to verify to the city the correction of violation(s) and/or the process to appeal citations. G. Service of Notice. The notice of violation, notice to correct and/or administrative citation and any amended notice of violation and/or administrative citation shall be served by mail or personal service or posted on the property where the code violation is occurring in the manner provided for in the approved administrative citation guidelines. H. Proof of Service. Proof of personal service of the notice of violation and/or administrative citation shall be documented as provided for in the approved administrative citation guidelines. (Ord. 1576 § 1 (part), 2012) 1.24.060 Extensions of time. If the director receives a request from any person required to comply with a notice of violation, theThe director may grant an extension of any fine due date and abatement deadline if the director determines that such an extension of time will not create or perpetuate an imminent danger to the public health and safety. The director shall have the authority to place reasonable conditions on such an extension. (Ord. 1576 § 1 (part), 2012) 10.b Packet Pg. 94 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) 1.24.070 Amount of civil fines. A. Fine Schedule. The amount of fines for violating particular provisions of the code shall be set in a schedule of fines adopted by resolution by the city council concurrently with the ordinance adopting this chapter.. The schedule may include escalating fine amounts for repeat code violations occurring within specified periods of time. B. Due Date for Fines. Fines are due on the dayas specified in the administrative citation or, in the event of an unsuccessful appeal, as determined by the hearing administrator.officer, Administrative Review Board, or Construction Board of Appeals. (Ord. 1576 § 1 (part), 2012) 1.24.080 Manner of payment—Civil fines. A. Paid by Mail. Fines shall be paid to the city within thirty days ofon or before the due date. Payment shall be made by check or money order. The director, for purposes of convenience and ease of processing, may authorize payment to be made in accordance with any other method, including designating a location within the city for such payments. B. Further Violations. Payment of an administrative fine shall not excuse the person from correcting the code violation. The issuance of aan administrative citation or the payment of a fine does not preclude the city from taking any other enforcement or legal action regarding a code violation that is not corrected, including issuing additional administrative citationcitations or the initiation of criminal or superior court civil abatement proceedings. (Ord. 1576 § 1 (part), 2012) 1.24.090. Director review of notices /Consolidation with other enforcement matter A. Within five days of issuance of a notice to correct/notice of violation, a person receiving such notice(s) and citation may request in writing that the director review a contested notice to correct and/or notice of violation. The director, or his or her designee, shall review all contested notices prior to the effective date of an administrative citation. The director shall have the authority to modify or rescind any contested notice that he or she finds was issued in error based on the code section noticed or other information provided by the noticed person. If the director does not modify or rescind any contested notice or fails to take any action by the effective date of the administrative citation, the notice and citation, and deadlines stated in each, remain in full force.There is no separate right to appeal from the director’s review or determination on a notice of correction or violation, but any assertions of error or challenges to the Director’s review or determination may be raised as part of any appeal from an administrative citation pursuant to section 1.24.100. B. If an administrative citation is issued in conjunction with a related city enforcement action and the other action requires review by another advisory body (i.e., the planning commission) or city council, the city manager, or city manager’s designee, in his or her sole discretion, may consolidate review of the administrative citation with the review of the other related action(s), and refer review of all related matters to the body with jurisdiction over the violation requiring the highest level of review. 1.24.100 Appeal of administrative citation.citations A. Appeal to Hearing Administrator. Any person aggrieved by the action of the director in issuing an administrative citation pursuant to the provisions of this chapter may appeal such citation to the hearing administrator. If no appeal is filed within ten days of the date of issuance. To appeal an administrative citation, the appellant shall file a signed written appeal that must be received by the city clerk within ten (10) days of the effective date of the administrative citation. The request for appeal shall be deemed filed on the date received by the city clerk. If no appeal is filed within ten days of the effective date of the administrative citation, the administrative citation shall be deemed final. B. Contested Appeals. 1. To contest a notice to correct, the person receiving the notice to correct (the “appellant”) shall provide information on a form prescribed by the director setting forth the reasons to contest the notice to correct. Failure to contest a notice to correct shall deem the building official or director’s interpretation of a code as final. 10.b Packet Pg. 95 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) 2. To appeal an administrative citation, the appellant shall file a signed written request following the appeal procedures outlined in the administrative citation. An appellant may contest the administrative citation by denying that the facts that gave rise to a violation occurred, by denying that it was not corrected within the required correction period or, if applicable, by establishing that he or she is not the owner of the real property or the owner of the business at the time the violation should have been corrected. C. Receipt of an Appeal Request. To be effective, the appeal request must be received by the director within ten days of the date the notice to correct or administrative citation was issued. Where a request is mailed by the appellant, the request shall be deemed filed on the date received by the director. The director is authorized to designate an address on the notice to correct or administrative citation to which such appeal requests shall be mailed. (Ord. 1576 § 1 (part), 2012)Process 1.24.100 Hearing procedures for notice to correct. A. The director shall review all contested notices to correct. The director shall have the authority to uphold, modify or revoke any contested notice to correct. 1. Title 15 violations (building, plumbing, housing, fire code, etc.). For administrative citations for violations of Title 15 and all non-Title 15 violations issued in conjunction with violations of Title 15, the appeal shall be to the Construction Board of Appeals, with a right to appeal either directly to the Superior Court pursuant to Government Code Section 53069.4 or to petition for a writ to the Superior Court. 2. Election of appeal process for non-Title 15 violations. For all other administrative citations not eligible for appeal to the Construction Board of Appeals, an appellant may elect either of the following: (a) Where an appellant does not wish to challenge the administrative citation or any final city action related to the citation in court by any writ action, an appellant may elect an expedited appeal process to a city hearing officer, whose final decision may be appealed directly to the Superior Court for de novo review pursuant to Government Code Section 53069.4. In the event an appellant wishes to pursue any writ action against the city, the appellant shall be required to exhaust the administrative review requirement set forth in Section 1.24.100 B.2 (b) below. Failure to proceed in accordance with section 1.24.100 B 2 (b) shall constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action related to the administrative citation or any related city action appealed under B. After considering the information provided by the appellant on the form prescribed by the director, the director shall issue a notice of decision. The notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. C. The director’s interpretation of the code shall be deemed final unless appealed to the appropriate advisory or legislative body as prescribed elsewhere in the municipal code. (Ord. 1576 § 1 (part), 2012) 1.24.110 Hearing procedures for administrative citations. A. Applicable Hearing Administrator. For hearings involving violations of this section. (b) Where an appellant wishes to challenge the administrative citation or any final city action related to the citation in court by any writ action, such appeal shall be made to the Administrative Review Board.. to ensure preparation of an adequate administrative record. The decision of the hearing body may be appealed either directly to Superior Court for de novo review pursuant to Government Code Section 53069.4 or the appellant may file a petition for a writ to the Superior Court. For purposes of writ review, the decision of the Administrative Review Board shall be final and the completed appeal to the Administrative Review Board shall satisfy administrative exhaustion requirements of the City. (c) Only one appeal process may be chosen, and once chosen, the election is final. C. code, the hearing administratorContents of Appeal. The written appeal shall state the following information: 1. A caption setting forth the names, addresses, phone numbers and other contact information appellants wish city to have, of all appellants participating in the appeal. 10.b Packet Pg. 96 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) 2. A brief statement setting forth the interest of each of the appellants, either as the recipient of the notice of violation and administrative citation , or the legal interest of each in the building or property that is the subject of the notice of violation and administrative citation. A brief statement describing: (a) the specific notice(s) of violation and administrative citation(s) appealed, by date of notice of violation and administrative citation, address of property cited or location where an individual was cited, and municipal code violations cited, (b)whether all or only specified code violations are being appealed., (c)why the appellant is appealing the notice of violation and administrative citation, and why the notice of violation and administrative citation should be revoked, modified or otherwise set aside.4. For non-Title 15 code violations, pursuant to Section 1.24.100 B,a statement whether the appellant elects either to proceed with a hearing officer (if no writ will be sought) or to the Administrative Review Board (if the appellant intends to challenge city action by writ For Title 15 violations, and non-Title 15 violations issued in conjunction with a Title 15 violation, the appeal shall be scheduled by staff to be heard by the Construction Board of Appeals. Failure to request hearing before the Construction Board of Appeals or Administrative Review Board within the time for the filing of an appeal will constitute a failure to exhaust administrative remedies for purposes of any subsequently filed writ action. 5. A statement that all of the matters alleged in the appeal are true, followed by the signature(s) of each appellant(s), and one official mailing address for the appellant(s) to receive further notices from city relating to the appeal. 1.24.110 Hearing procedures for appeals of administrative citations A. Applicable Hearing Officer or Board. In accordance with the procedures set forth below, after receipt of a timely filed appeal, the following shall hear the appeal: 1. For appeals of administrative citations issued for violations of Title 15, and non-Title 15 violations issued in conjunction with a Title 15 violation, the Construction Board of Appeals shall hear the appeal. 2. For appeals of administrative citations outside the jurisdiction of the Construction Board of Appeals in subsection 1.24.110 A.1 above, where the person elects to have the right of appeal for a de novo hearing in the Superior Court under Government Code Section 53069.4, or has failed timely to elect to have the Administrative Review Board hear the appeal, the hearing officer shall hear the appeal. The hearing officer shall be the person designated by the city administratorattorney to serve as the hearing officer. 3. For appeals of administrative citations outside the jurisdiction of the Construction Board of Appeals in subsection 1.24.110 A.1 above, where the appellant may wish to challenge city action by writ, and timely elects to appeal to the Administrative Review Board , the Administrative Review Board shall hear the appeal. 4. For appeals of administrative citations outside the jurisdiction of the Construction Board Appeals in subsection 1.24.100 A.1 above, if the person fails to request a hearing before the Administrative Review Board, t, the hearing officer shall hear the appeal. B. Time and Place of Hearings. /Challenge of Hearing Officer for Cause. Hearings shall be conducted by a hearing administrator officer, the Administrative Review Board or Construction Board of Appeals, as applicable, on the date, time and place specified by the cityin writing by the city and delivered to the appellant. Such date shall not be less than ten (10) days or more than sixty (60) days from the date the appeal was filed with the city clerk. 10.b Packet Pg. 97 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) In the hearing notice, the city shall identify the hearing officer or members of the Administrative Review Board or Construction Board of Appeals hearing the appeal. An appellant may challenge a hearing officer or member(s) of the Administrative Review Board or Construction Board of Appeals from hearing their appeal, but only for good cause, and the reasons shall be specified in writing received by the director within ten days after the date of mailing of the notice .The fact that a hearing officer or member of the Administrative Review Board or Construction Board of Appeals has conducted a previous appeal hearing involving the person shall not constitute good cause. The director shall notify the challenged hearing officer or member(s) of the Administrative Review Board and give the challenged officer the opportunity to disqualify himself or herself. If he or she chooses not to disqualify, he or she shall do so in writing documenting the reasons why disqualification is not required. The appellant shall be notified of the challenged officer’s decision, and the hearing shall proceed as scheduled. The person’s challenge and the decision not to disqualify shall become part of the administrative record. If the hearing officer disqualifies himself or herself, the city attorney shall appoint another hearing officer. If a member or members of a board disqualifies(y) himself or herself, the hearing shall proceed with the remaining member(s) and a hearing officer(s) appointed by the city attorney to replace each disqualified member. C. Appeal of Records. The director shall ensure that the administrative citation and any supporting documentation is delivered to the applicable hearing administratorofficer or board in sufficient time prior to the appeal hearing. Before the hearing, the director shall also make available to the appellant a copy of any additional information concerning the administrative citation which has been or will be provided to the hearing administrator.officer or board. D. Presentation of Evidence. The appellant shall be given the opportunity to testify and to present evidence relevant to the code violation specified in the administrative citation. E. Use of Reports as Evidence. The administrative citation and any other documents, exhibits, reports or other materials prepared by city staff or by the director concerning a code violation or an attempted correction of a code violation that are provided to the applicable hearing administratorofficer or board shall be accepted by the hearing administratorofficer or board as prima facie evidence of the code violation and the facts stated in such documents. F. Staff Witnesses/Additional Evidence/Submission of Written Evidence by Appellant who does not Appear. Neither city staff nor any other representative of the city shall be required to attend the appeal hearing, nor shall the hearing administratorofficer nor applicable board require that there be submitted any evidence, other than the administrative citation and documentation relating to the citation that city relied on in issuing the citation, that may exist among the public records of the city with respect to the violation. However, any such appearance or submission may be made at the discretion of the director. If the appellant has communicated that he or she does not intend to appear at the scheduled hearing, but submits written evidence to the hearing officer or board and the director at least ten (10) days prior to the hearing, the hearing officer or board may consider that evidence. Any additional evidence prepared by city staff may also be considered by the hearing officer or board, provided that it has been issued to the appellant, by certified mail, at least five (5) days prior to the hearing. G. Continuances. The applicable hearing administratorofficer or board may continue an appeal hearing if a request is made showing good cause by the appellant or the director. AllExcept in case of medical or other emergency, all continuance requests shall either: (1) be made in person at the hearing by the appellant or his or her representative if the appellant is physically unable to attend, or (2) be made by a written request received by the applicable hearing officer or board from the director or the appellant within five days of the date of the written notice advising of the time, date and place of hearing. If the continuance is granted, a new hearing date shall be set within thirty days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present, and the appellant has not presented any written evidence pursuant to Section 1.24.110 F above, the request(s) shall be deemed abandoned in accordance with subsection IJ of this section. H. Rules of Evidence. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed. The hearing administrator does not have the authority to issue a subpoena. I. Failure to Appear. 10.b Packet Pg. 98 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) I. No Subpoena Power. The hearing officer, the Administrative Review Board and/or the Construction Board of Appeals do not have the authority to issue a subpoena. J. Failure to Appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection G of this section, or unless the appellant has submitted written evidence per subsection F, shall constitute an abandonment of the appeal, and shall constitute a failure to exhaust administrative remedies concerning the violations set forth in the notice of administrative citation. (Ord. 1576 § 1 (part), 2012) K. Recordation of Board Hearings. The audio portion of every hearing before the Construction Board of Appeals or the Administrative Review Board shall be recorded. Any party to the hearing may, at their own expense, also record such hearings by court or other reporter or video recording, or other means, provided the recording method does not interfere with the conduct of the hearing. Any party recording the hearing by any means shall make a copy available to any other party upon request and payment of reasonable duplication cost. L. Additional Hearing Procedural Requirements. Any additional procedural requirements for hearings may be specified in the administrative citation and appeals guidelines. 1.24.120 Appeal decision. A. Notice of Decision. by Hearing Officer A. Decision by hearing officer. After considering all the evidence and testimony submitted at an appeal hearing, the hearing administratorofficer shall issue a notice ofwritten decision within twoten business days to either uphold or revoke the administrative citation based upon a conclusion of whether athe violation occurred. If an administrative citation charges two or more code violations, the hearing officer may uphold all violations, or uphold some violations but not all violations, or dismiss some or all violations. The hearing officer does not have the authority to reduce or modify a fine for a violation that is upheld on appeal. If a violation is not upheld, the administrative citation shall be revoked. The notice of decision shall be mailed within one business day subsequent to the hearing administrator’s issuance of the notice of decision by first class and certified mail, postage prepaid, return receipt requested, to the appellant or their designated representative. The failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision by the hearing administrator. The hearing administrator may reduce or cancel the amount of any administrative fine or revoke the administrative citation in unusual cases when extenuating circumstances make doing so appropriate and in the interest of justice. The decision of the hearing administratorofficer. The decision of the hearing officer shall be final. B. Payment of Fine after Appeal Decision. The filing of an appeal from a decision by the hearing officer shall suspend any fine assessed in the administrative citation. In the event that the administrative citation is revoked, no payment of the fine is due. In the event that the administrative citation is upheld, a new compliance deadline and fine due date shall be established by the hearing administratorofficer and indicated on the notice of decision for the appeal, which shall not be less than ten (10) days nor more than thirty (30) days after the date the decision is mailed . C. C. Effect of Revocation of Citation. Revocation of the administrative citation by the hearing administratorofficer shall void the administrative citation fine. (Ord. 1576 § 1 (part), 2012) 1.24.130 Decision by Administrative Review Board or Construction Board of Appeals A. Decision by Board. After considering all the evidence and testimony submitted at an appeal hearing, the Administrative Review Board or Construction Board of Appeals, as applicable, shall issue a decision, as further described in the administrative citation and appeals guidelines, within thirty (30) calendar days to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. A decision must be supported by a majority of the applicable board. A member shall not vote if he or she did not hear all the evidence or listen to or read the entire hearing record. If an administrative citation charges two or more code violations, the applicable board may uphold all violations, or uphold some violations but not all violations, or dismiss some or all violations. The written decision shall also summarize the evidence, and shall be supported by written findings of fact. The Administrative Review Board and the Construction Board of Appeals do not have the authority to reduce or modify a fine of a violation that is upheld on appeal. If a violation is not upheld, the administrative citation shall be revoked. The notice of decision shall be mailed by first class and certified mail, postage prepaid, return receipt 10.b Packet Pg. 99 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) requested, to the appellant or their designated representative. The failure by the appellant to appear at the appeal hearing shall be noted on the notice of decision. The decision of the Administrative Review Board or Construction Board of Appeals shall be final. The written decision may be, but is not required to be, adopted by resolution and shall contain, at a minimum, the following: 1. Name of Appellant; 2. Date of administrative citation, municipal code violations charged, location of subject property (if applicable); 3. Date, time, and place of appeal hearing, and the identity of hearing officers; 4. The names of all people participating in the hearing and their capacity, either as appellant, representative of appellant, witness for or against appellant, city staff or otherwise; 5. A statement that the hearing was recorded, the method of recordation, and that recording is in the custody of the city clerk; 6. A statement whether the appellant or designated representative was present or failed to appear; 7. If no one appeared on behalf of appellant, a statement whether appellant submitted any written or other evidence; 8. A statement that the decision maker received the administrative citation and supporting information as prima fascia evidence; 9. A brief summary of all credible relevant testimony and the identity of the witness giving it. 10. A list of all physical evidence , including but not limited to photographs, maps, drawings, and documents; 11. A statement whether the decision maker upholds, revokes or modifies the administrative citation(s), as to each municipal code violation charged; 12. A statement as to which oral or physical evidence the decision maker found credible in support of the decision; 13. If the decision upholds the administrative citation, in whole or in part, the decision shall specify the due date for payment of the fine, which shall not be less than ten (10) days nor more than thirty (30) days after the date the decision is mailed. 14. The names and votes of members of the board, showing that a majority of the members of the board supported the decision. 15. The signature of the chairman of the board or his or her designee, and the date of signature. B. Payment of Fine after Appeal Decision. The filing of an appeal from a decision by the Administrative Review Board or the Construction Board of Appeals, or a petition for writ, shall suspend any fine assessed in the administrative citation. In the event that the administrative citation is revoked, no payment of the fine is due. In the event that the administrative citation is upheld, a new compliance deadline and fine due date shall be established by the applicable board and indicated on the notice of decision for the appeal. C. Effect of Revocation of Citation. Revocation of the administrative citation by the Administrative Review Board or Construction Board of Appeals shall void the administrative citation fine. 1.24.140 No Appeal to City Council/Right to judicial review. A. A. Notice of Decision is final. The notice of the decision by either the hearing officer or Administrative Review Board or Construction Board of Appeals is final, and is not subject to appeal to the city council pursuant to Chapter 1.20 of this code. B. Judicial Review After Any Hearing / Applicability of Government Code Section 53069.4. 1. The appellant may seek judicial review of any decision by the hearing administrator’s decisionofficer or applicable board, by filing a further appeal with the San Luis Obispo superior court within twenty calendar days after the appellant receives a copyservice of the notice of decision, in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon the hearing administratorcity clerk for the city of San Luis Obispo. The 10.b Packet Pg. 100 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) appellant must pay to the superior court the appropriate court filing fee when the appeal is filed. An appellant, who elected to have the appeal heard by a hearing officer, cannot seek judicial review by petition for writ. B 2. Failure to Exhaust Administrative Appeal. No appeal is permitted from a decision where the appellant is deemed to have abandoned the contest of the administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the hearing administratorofficer or applicable board. C 3. Forwarding of Records to Superior Court. The city attorney or the city attorney’s designee shall forward to the superior court within fifteen days of the court’s request, the pertinent administrative citation documents for any case appealed to that court. If the superior court revokes any administrative citation, the city will refund to the appellant the superior court filing fee paid by the appellant. (Ord. 1576 § 1 (part), 2012) C. Judicial Review After Hearing by Administrative Review Board or Construction Board of Appeals/Petition for Writ 1. The appellant may seek judicial review of the Administrative Review Board’s or Construction Board of Appeals’ decision by filing a petition for writ with the San Luis Obispo superior court. The time within which the petition must be filed, and the applicable requirements are governed by the California Code of Civil Procedure. The petition for writ filed with the court must also contain a proof of service showing a copy of the petition for writ was served upon the city clerk. The petitioner must pay to the superior court the appropriate court filing fee when the petition is filed. 2. Failure to Exhaust Administrative Appeal. No petition for writ is permitted from a decision where the appellant is deemed to have abandoned the contest of the administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the Administrative Review Board or Construction Board of Appeals. 3. Preparation of Administrative Record. Upon request of the superior court, and petitioner’s payment to City of the costs of preparing the administrative record, the city attorney or city attorney’s designee shall have the administrative record prepared and forwarded to the superior court. 1.24.140 150 Collection of unpaid fines. A. City Remedies. The city, at its discretion, may pursue any and all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. A civil administrative fine shall be deemed unpaid the day after the due date set by the administrative citation, or if appealed, the day after the due date set by the hearing officer or applicable board in its decision. If the decision of the hearing officer or applicable board is appealed to, or petition for writ filed with, the superior court, the civil administrative fine shall be deemed unpaid the day after the due date set by the superior court. If the superior court upholds the administrative citation, but fails to set a due date, the fine shall be deemed unpaid on the eleventh (11th) day after the superior court decision is mailed. 1. 1. Remedies Cumulative. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines owed by a person under this chapter have been collected.. 2. 2. Refusal to Issue Permits. A city department may refuse to accept an application for a city permit or license or to refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, liens, or assessments, any city permit, license, or other city approval pertaining to the property that is the subject of a notice of violation and/or an unpaid administrative citationunpaid delinquent fines, liens or assessments. 3. 3. Suspension of Issued Permits. Notwithstanding any other provision of the code, any permit, license, or any type of land use approval issued by the city to a person who has unpaid administrative citations totaling five hundred dollars or more which remain delinquent for thirty days or longer may be suspended by the department which issued the permit or other entitlement. The suspension becomes effective ten days after the date the notice of the suspension is placed by the issuing department in the United States mail, postage prepaid, addressed to the person, and continues until the administrative delinquency is paid in full. The 10.b Packet Pg. 101 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) person may request an appeal or review hearing pursuant to the specific permit, license, or other city approval procedures or ordinance if such a request is filed before the ten-day period ends. 4. 4. Criminal Remedies. The city attorney, at his or her discretion, may also issue a criminal citation or complaint (infraction or misdemeanor) to any person for a code violation when the applicable fine has not been paid.. B. Violations Constitute a Public Nuisance. The director may pursue the remedies described in this section whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for an administrative citation or to otherwise abate the violation or sanction the property owner. To compel code compliance, the city may also seek to collect assessed fines by means of a nuisance abatement lien or special assessment against the property where a property related violation occurred in accordance with the procedures in Government Code Sections 38773.1 and 38773.5. C. Lien Conditions. To recover any delinquent administrative fines as a lien or special assessment on real property, the following conditions must be met: 1. 1. The director must submit to and receive approval from the city council for a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner; and 2. 2. The total amount of the delinquent fine against the property owner must be delinquent for sixty days or more. D. Lien Collections. The director is authorized to take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following: 1. 1. Request the county recorder to record a notice of any lien or special assessment certified by resolution of the city council. 2. 2. Request the county tax collector on behalf of the city to collect any special assessments certified by resolution of the city council. E. Notice of Lien Collection Procedures. All administrative citations shall contain a notice that unpaid fines are subject to the assessment and lien collection procedures of this chapter. This notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5 when an administrative citation is served on the person. In addition, the director shall by first class mail send notice to each property owner at least ten days before the city council considers the resolution to certify the amounts of the liens and special assessments stating the date, time, and location of the meeting. The lien or special assessment shall be imposed on the date the administrative citation for the code violation is issued to the responsible person and shall become effective upon the recording of a notice of lien or special assessment by the County Recorder. F. Contesting Certification of a Lien. A person may contest the amount or the validity of any lien or special assessment for a civil fine at the public hearing when the city council considers the resolution to certify the liens or assessments. Such contests shall be limited to the issue of the amount or validity of the lien or assessment and may not consider whether the underlying code violation occurred. Pursuit of such a contest by a person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment. (Ord. 1576 § 1 (part), 2012) 10.b Packet Pg. 102 Attachment: b - Legislative draft of proposed amendments to Muni Code Ch. 1.24 (1137 : Amendments to Muni Code Chapter 1.24) Meeting Date: 10/6/2015 FROM: Daryl Grigsby, Public Works Director Prepared By: Gamaliel Anguiano, Transit Manager SUBJECT: BRANDING UPDATE FOR SLO TRANSIT VEHICLES RECOMMENDATION Approve revised paint scheme for new SLO Transit vehicles, and maintain existing paint scheme for all existing transit stock with a phasing in of the new scheme as vehicles are replaced. Background The City is in the process of ordering the replacement of three fixed-route vehicles. As part of that order any changes to the paint scheme must be included. In 2014, the City of San Luis Obispo adopted a new city emblem as its identifying logo. The adoption of this emblem included an accompanying Style Guide that specifies how this emblem should be used in various applications and the method by which the City’s brand is to be maintained in a consistent fashion. While the Style Guide addresses emblem placement on City fleet vehicles including passenger vehicles, it does not specifically address application on transit vehicles. SLO Transit has worked hard to develop its current branding scheme and so conversion to another brand, including emblem placement, is a departure from current marketing efforts. SLO Transit has worked with two consultants to develop a revised branding plan for transit vehicles that incorporates the City’s new emblem while maintaining some continuity with current fleet elements that passengers have grown to recognize on their local city buses. Brand History Prior to the current SLO Transit paint scheme the brand consisted of the system name, “San Luis Obispo Transit,” in-line with a light blue linear stripe that encircled the bus. Buses were often confused with SLORTA buses at the time. In 2008, the SLO Transit system adopted the blue & yellow color scheme, reflective of the City’s prior logo design. This design has remained unchanged since then and has since become the brand by which the local transportation system is distinguished from the regional services of RTA who also operate within the City limits. It should also be noted that most transit systems establish different branding from their City completely. The Big Blue Bus of Santa Monica, People Mover of Anchorage, Muni of San Francisco and The Wave of Okaloosa Florida are all examples of unique branding intended to set the transit system apart from municipal functions. This is in part because transit systems generally operate separate from the City’s general fund and look for market based attention as opposed to municipal branding. Additionally, services are typically contracted out to a third party and are operated by non-city employees. 11 Packet Pg. 103 Revising the Current Brand (recommended) Staff’s recommended approach is to use the new bus purchase as an opportunity to create a revised brand that introduces the new City logo as part of a modified paint scheme. Implementing the revised paint scheme on the three new buses will not change the cost of the specified procurement contract. Transit staff has worked with two design firms, independently, to develop renderings of how to preserve current key brand elements on the buses while incorporating the new City logo in a complementing fashion. Specifically, staff proposes to preserve the blue & yellow colors that are resoundingly considered synonymous with the SLO Transit brand. The revised scheme will adopt a more modern design and incorporate the emblem as part of that design instead of converting to a totally new scheme. Proposed Hybrid Design This proposed “revised/hybrid” brand intent is to reflect the quality, experience and future of transit services in the City of San Luis Obispo, while still paying homage to its past. A predominant feature of the revised brand is a more modern Bus Rapid Transit (BRT) style vehicle, distinguishable from other bus models by its more aerodynamic windswept styling. By preserving the most distinguishable part of the current brand (the traditional SLO Transit blue & yellow) it remains familiar to current riders and easily distinguishes the City system from the RTA fleet. This also allows for continuity with other SLO Transit vehicles without the need of updating paint schemes to match all at one time. In transit terms, the proposed hybrid design is a linear multicolor (blue and white) perforated graphic, in the shape of a route line, which evokes a sense of movement, speed, and destination. Additionally, these lines serve as the basis by which a logo (whether City’s or its own transit brand) is featured. Finally, as part of the logo design, highly reflective sheeting will be used to provide an additional safety feature for later-hours of operating service. These initial concepts and renderings where shared with the MTC. Their thoughts on revising the brand (either entirely or in part) included the following comments: In regards to completely rebranding the system around the new logo and color scheme:  Unanimously wanted to keep the blue & yellow  Most suggested that SLO Transit should have a logo of its own, separate from the City  Some suggested that if not a new emblem, that it should remain as the “Bell” 11 Packet Pg. 104 In respects to the proposed “Revised Brand (hybrid)” rendering:  Move City logo elsewhere (as it was previously centered on the vehicle)  Reduce or eliminate the “white” that is part of the graphic  Consider promoting the Bus Tracker app within the design Most MTC suggestions were implemented in the revised proposed hybrid design being brought to Council shown above. Full Adherence to the Style Guide (not recommended) As part of consideration of this issue, staff reviewed an alternative of repainting the entire fleet in a new color scheme based on the colors specified within the City’s new Style Guide and with similar styling to the current brand for design continuity. The figure below is the artist rendition of this alternative. Design-Based On New Logo Even this schematic deviates from the Style Guide in that it incorporates a blue wave pattern for the vehicle while the Style Guide recommends City fleet be a solid white surface. This schematic is very similar to the older SLO Transit scheme and was often confused with RTA buses. Staff believes this would also occur with this design even with the new RTA buses that use green as their identifying feature. An initial costs estimate for painting all 15 fixed-route vehicles, including a double-decker bus, is approximately $300,000 (on the low end). This is a significant cost and is probably not a wise expenditure of limited transit funding. This also does not include the cost of modification, or replacement, of bus stop signs, bus passes and ancillary materials or equipment that have the current blue & yellow color scheme nor does it account for the additional cost of an educational marketing campaign needed to educate the public about the change in brand. Public Outreach In reviewing the potential issues associated with a new branding of the buses, an informal poll of passengers at the Transit Center and of the Mass Transit Advisory Committee was conducted. One major theme often cited was that the colors “blue & yellow” were the way they identify SLO Transit fixed-route from other transit services. It is therefore reasoned that any significant changes to SLO Transit brand may not be well received. Furthermore, significant departures from the recognized blue and yellow SLO Transit buses ma y create confusion for some riders, especially those with cognitive disabilities. In general, simple is usually better for changes affecting transit riders. Significant changes would also require expensive outreach campaigns in order to successfully make the transition to a brand new color scheme that is not blue and yellow. 11 Packet Pg. 105 Other Issues Staff also considered the current name of the transit system. SLO Transit is the name by which the community identifies the City’s fixed-route public transportation system. While SLO is an acronym for the City’s name (San Luis Obispo), its phonetic sound closely associates the name with the word SLOW which suggests a less desirable form of commuter travel. This is an oxymoron to how the City attempts to portray its transit system as a competitive alternative to private vehicles. However, the name appears to resonate with locals and the “SLO pride” closely held by them. It should also be noted that the recommended design attempts to directly tackle this oxymoron with a very forward and modern design approach and the use of “slotransit.org” as an identifying mark. The goal is to continually grow ridership by appealing to younger generations and create an attractive brand that continues to be competitive with private vehicle ownership. FISCAL IMPACT The “Revised Brand (Hybrid)” appears to be the most economically feasible alternative. This is because the creation of the revised brand is built into the procurement of the three new vehicles which is at no additional costs when replacing the prior submitted paint scheme. This also allows for the revised brand to operate amongst older fleet models with enough design continuity to minimize the amount of possible confusion. Additionally, it also allows staff to preserve the existing ancillary materials (e.g. bus stop signs, passes, brochures, etc.) without the cost of a redesign and the need of replacing them. ALTERNATIVES 1. Choose full adherence to Style Guide. This is not recommended given costs and departure from recognized SLO Transit brand elements. 2. Reject both design alternatives and direct staff to redesign. This is not recommended since staff and the MTC are supportive of the Revised Brand (Hybrid) alternative. Attachments: a - Recommended - Design Continuity b - Not Recommended - Design Based On New City Logo c - City_StyleGuide - Fleet Applications 11 Packet Pg. 106 11.a Packet Pg. 107 Attachment: a - Recommended - Design Continuity (1120 : BRANDING UPDATE FOR SLO TRANSIT VEHICLES) 11.b Packet Pg. 108 Attachment: b - Not Recommended - Design Based 3.6VehiclesFleet01 (SSÅLL[]LOPJSLZ^PSSILZPTWS`PKLU[PÄLK^P[O[OLVMÄJPHS*P[`Emblem placed on the front doors and scaled appropriately for the size of the vehicle. The emblem should be centered on the door horizontally and positioned vertically to appear to be slightly above center. Placement on unusual vehicles or equipment such as tractors, trailers, construction equipment, etc. shall be at the discretion of the Fleet Maintenance Manager.02 The City web address (slocity.com) is 10.5" wide for all vehicles. It should appear in Pantone 1525, Helvetica Neue Condensed and be placed on the upper back corner panel on both sides of each vehicle.(KPNP[]LOPJSLPKLU[PÄJH[PVUU\TILYshould be placed on the right back panel.03 Vehicles that are driven home by city employees must display a magnetic “24 hour” graphic.04 =LOPJSLZ[OH[HYLUV[PKLU[PÄLK with the City emblem on the front door should display a decal placed on the rear door window on both sides.12" slocity.orgslocity.org10.5" 02 Pantone 1525, Helvetica Neue Condensed10.5" 02 Pantone 1525, Helvetica Neue Condensed15" 01 Full color adhesive vinyl emblem (size varies)03 Removable 5.5"w x 7"h magnetic graphic panel04 Full color adhesive clear vinyl decal11.c Packet Pg. 109 Attachment: c - City_StyleGuide - Fleet Applications (1120 : BRANDING UPDATE FOR SLO TRANSIT VEHICLES) Page intentionally left blank. Meeting Date: 10/6/2015 FROM: Monica Irons, Director of Human Resources Prepared By: Greg Zocher, Human Resources Manager SUBJECT: ADOPT A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS’ ASSOCIATION (SLOPSOA) FOR THE PERIOD OF 07/01/2015 – 06/30/2019 RECOMMENDATION Adopt a resolution ratifying the Memorandum of Agreement (MOA) with SLOPSOA for a four year term (Attachment A). DISCUSSION Background SLOPSOA represents 17 safety management employees ranging from the ranks of Sergeant to Captain and four non-safety supervisors in communications (or dispatch) and records. Compensation and benefits for this group of employees is established by a MOA that expired on June 30, 2015. In preparation for negotiations and discussions with employee groups, Council adopted the following Labor Relations Objectives (LRO) in September 2014: 1. Maintain fiscal responsibility by ensuring that fair and responsible employee compensation expenditures are supported by on-going revenues. 2. Continue to make progress in the area of long-term systemic pension cost containment and reduction, including reversing the unfunded pension liability trend and other actions consistent with State law. 3. Continue to effectively manage escalating health benefit costs through balanced cost sharing and other means while maintaining comprehensive health care coverage for all eligible employees. 4. As necessary to attract and retain well qualified employees at all levels of the organization, provide competitive compensation as articulated in the City’s Compensation Philosophy (Attachment B). These objectives guided negotiations with SLOPSOA resulting in the MOA before Council. Consistent with the LRO adopted by Council the MOA includes modest cost of living salary increases, a lower second tier retirement plan adopted in 2012, an even lower third tier retirement plan mandated by the State, continued sharing of health insurance costs, and equity adjustments 12 Packet Pg. 110 to specific classifications to address internal parity, recruitment and retention concerns, and differentiation between supervisors and subordinates. Historically SLOPSOA has been a cooperative and very reasonable bargaining group. From 2009 to 2012, this group repeatedly worked with the City to achieve necessary reductions and waived 11% in contractually obligated salary increases instead of insisting on contractual increases. In addition, this group agreed to a 2.5% pay reduction in January 2013 and a 2% pay reduction in January 2014 to achieve the 6.8% total compensation reduction requested of all employee groups. It has been five years (July 2010) since SLOPSOA received a cost of living increase of 3%. During this same five year period of time the Consumer Price Index (CPI) for San Francisco-Oakland-San Jose increased by 11.7%. The proposed increases in compensation are included in the 2015-17 financial plan and were modeled in the City’s Five Year Fiscal Forecast to ensure consistency with Council’s adopted LRO and Fiscal Responsibility Philosophy (Attachment C). The terms of the agreement are outlined in more detail below. SLOPSOA Agreement Monica Irons, Human Resources Director, Garret Olson, Fire Chief and Greg Zocher, Human Resources Manager represented the City bargaining team. SLOPSOA’s bargaining team consisted of Kerri Rosenblum, Communications and Records Manager and SLOPSOA President, Lieutenant John Bledsoe, Sergeant Janice Goodwin, and Sergeant Brian Amoroso. Discussions with SLOPSOA were open and honest with the following shared interests: 1. Address recruitment challenges by encouraging promotions from the POA. 2. Encourage retention, as approximately 60% of SLOPSOA is eligible for retirement within the next five years. 3. Appreciation of SLOPSOA’s leadership and sacrifice by repeat edly waiving contractual increases. The parties held six negotiation meetings when a tentative agreement was reached for a successor MOA, which was ratified by the SLOPSOA membership on September 11, 2015. Following is a summary of the key changes included in the successor SLOPSOA MOA: 1. Term – 4 years (July 2015 – June 2019); 2. A 2% cost of living increase each year of the agreement (effective in July 2015, 2016, 2017, and 2018); 3. Health Insurance Contribution - Maintain the current cost-sharing arrangement that increases the City contribution by 50% of the average increase in CalPERS medical premiums (for example, if the average increase in CalPERS medical premiums increases $50 per month, the City contribution would be increased by $25 per month, while employees absorb the remainder of the increased cost); 4. Education incentive – $250.00 bi-weekly for possession of a B.A. or B.S. and $300.00 bi- weekly for possession of a M.A. or M.S. from an accredited college or university. Total incentive would in no case exceed $350.00 bi-weekly; 5. Equity adjustments to specific classifications: 12 Packet Pg. 111 a. 1.0% Lieutenant (effective July 2015) b. 1.6% Captain (effective July 2015) c. 5.0% Communications and Records Manager (effective January 2016) The four-year term for this group would go through June 30, 2019, providing stability in both the 2015-17 and 2017-19 financial plan. In addition, the SLOPSOA agreement is reasonable for a number of reasons: 1. The cost of living adjustments, equity adjustments, and health insurance contributions are consistent with Council’s LRO, are modest, and fiscally sustainable. 2. Providing an education incentive for police management employees is typical in the market. All comparable agencies in the 2014 Compensation Study offer education incentives to their Police Management group with most including POST certifications as well as degrees. The agreed upon incentive, encourages attainment of a Bachelor’s or Masters’ degree that are considered assets in SLOPSOA positions. The negotiated education incentive is a flat rate, and as such, does not escalate with increases to salary. 3. Equity adjustments to specific classifications are necessary to address internal parity, recruitment and retention concerns, and ensure a reasonable differentiation between supervisors and subordinates. The provisions of the successor MOA are within the economic parameters provided by Council and are consistent with Council’s adopted LRO. SLOPSOA members are committed to providing high quality service to the community and recognize the City’s commitment to fiscal responsibility. This MOA reflects the continued cooperation between SLOPSOA and the City to address issues of mutual concern including recruitment and retention. FISCAL IMPACT The cumulative annual ongoing total compensation cost is approximately $377,000 and funding is currently available in the current Financial Plan and is anticipated in the Five-Year Fiscal Forecast. ALTERNATIVES Do not approve the resolution and direct staff to negotiate a different successor agreement and resolution. This alternative is not recommended as the agreement is consistent with the Council’s previous direction and the City’s employer-employee relations policies. Attachments: a - SLOPSOA Resolution 2015 a - EXHIBIT A - SLOPSOA MOA 2015-2019 b - Compensation Philosophy c - Fiscal Responsibility Philosophy 12 Packet Pg. 112 R ______ RESOLUTION NO.______ (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2015 THROUGH JUNE 30, 2019 WHEREAS, the San Luis Obispo Police Staff Officers’ Association (SLOPSOA) is committed to providing high quality service to the community and recognize the City’s commitment to fiscal responsibility; and WHEREAS, from 2009 to 2012 SLOPSOA employees repeatedly worked with the City to achieve necessary reductions and waived 11% in contractually obligated salary increases; and WHEREAS, the SLOPSOA employees have demonstrated sensitivity to the fiscal challenges facing the City for several years by agreeing to no across the board salary increases (e.g. “cost of living” increases) since July 2010; and WHEREAS, the City Council is committed to providing competitive compensation as provided in the City’s adopted Compensation Philosophy; 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 SLOPSOA, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Director of Finance and Information Technology shall adjust the appropriate accounts to reflect the compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Kerri Rosenblum, San Luis Obispo Police Staff Officers’ Association, and Monica Irons, Director of Human Resources. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: 12.a Packet Pg. 113 Attachment: a - SLOPSOA Resolution 2015 (1132 : SLOPSOA MOA) Resolution No. _____ (2015 Series) Page 2 The foregoing resolution was adopted this 6th day of October 2015. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Anthony J. Mejia City Clerk 12.a Packet Pg. 114 Attachment: a - SLOPSOA Resolution 2015 (1132 : SLOPSOA MOA) MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION JULY 1, 20152012 - JUNE 30, 20192015 12.b Packet Pg. 115 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 12.b Packet Pg. 116 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) TABLE OF CONTENTS Article No. Title Page No. 1 Parties to Agreement .................................................................1 2 Recognition ...............................................................................2 3 Check Off/Dues Deduction .......................................................3 4 Employee Rights .......................................................................4 5 Management Rights ..................................................................5 6 Representative Role ..................................................................6 7 Renegotiations ..........................................................................7 8 Salary ........................................................................................8 9 Overtime ...............................................................................110 10 Education Incentive ................................................................18 110 Payday .................................................................................2017 121 General Provisions ..............................................................2118 132 Health Care Insurance .........................................................2219 143 Retirement ...........................................................................2673 154 Uniform Allowance ........................................................283025 165 Holidays ..........................................................................293126 176 Vacation Leave ...............................................................313328 187 Administrative Leave ..........................................................3350 198 Sick Leave ..........................................................................3461 2019 Family Leave ......................................................................3572 210 Bereavement Leave ........................................................374035 221 Catastrophic Leave .........................................................384136 12.b Packet Pg. 117 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) Table of Contents, Continued 22 Workers’ Compensation Leave ..............................................37 Article No. Title Page No. 23 Workers’ Compensation Leave ..........................................3942 243 Jury Duty and Military Leaves .......................................404338 254 Grievance Procedure .........................................................41439 265 Disciplinary Action .............................................................4361 276 Impasse Procedure ..............................................................4472 287 SWAT Team MembersSergeants .......................................4694 28 Reopeners ...............................................................................45 29 Full Agreement ...............................................................475046 30 Savings Clause ................................................................485147 31 Term of Agreement .........................................................495248 32 Authorized Agents ..........................................................505349 33 Signatures ...........................................................................5140 Appendix A – Salary Range Listing ...................................5251 12.b Packet Pg. 118 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 1 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this, 6th day of October 2015, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police Staff Officers' Association, hereinafter referred to as the Association. 12.b Packet Pg. 119 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 2 ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (198 9 Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as the exclusive bargaining representative for purposes of representing regular and probationary employees occupying the position classifications of Police Sergeant , Police Lieutenant, Police Captain, Communications Supervisor, Police Records Supervisor, and Communications and Records Manager for the duration of this Agreement. 12.b Packet Pg. 120 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 3 ARTICLE 3 CHECK OFF/DUES DEDUCTION 3.1 The City shall deduct dues from City employees and remit said dues to the Association on a semi-monthly basis for the duration of this Agreement, which dues shall not include assessments. 3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the City's Finance Officer and a notification of all dues transactions shall be sent semi -monthly to the Association President. The Association shall refund to the cCity any amount paid to the Association in error, upon presentation of supporting evidence. 3.3 The Association shall hold th e City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. 12.b Packet Pg. 121 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 4 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 t o 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 o r discriminated against because of the exercise of these rights. 12.b Packet Pg. 122 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 5 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 th e 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. 12.b Packet Pg. 123 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 6 ARTICLE 6 REPRESENTATIVE ROLE Members of the Association may, by a reasonable method, select not more than five employee members to meet and con fer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by the Association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The Association shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Police Chief or other authorized City management officials. If employee representatives cannot be released, the date of the meeting will be rescheduled in accordance with item (2) below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. 12.b Packet Pg. 124 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 7 ARTICLE 7 RENEGOTIATIONS If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 April and 1 May 20152019. If notice is properly and timely given, negotiations shall commence no later than 15 May. 12.b Packet Pg. 125 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 8 ARTICLE 8 SALARY 8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT The City strives to maintain a reasonable difference in compensation between to p step police staff officers’ classifications and top step of the classifications supervised. The difference between top steps of these classifications is targeted at a minimum of 15%. If during the term of this contract the differentiation goes below the 15% target, the City agrees to re-open negotiations on this topic. The parties agree to salary reductions increases as set forth below to be effective on the first day of the first full payroll period in the month listed below, for all employees (except Records Supervisor classification) in the Association employed by the City on the date this agreement is formally approved by the City Council: July 2015January 2013 2.5% Salary Reduction July 2016January 2014 2% Salary Reduction July 2017 2% July 2018 2% In addition to the above-listed salary increases, the following classification shall receive an equity adjustment to be effective on the first day of the first full payroll period in the month listed: Police Lieutenant 1.0% Effective July 2015 Police Captain 1.6% Effective July 2015 Communications and Records Manager 5% Effective January 2016 The salary ranges for the term of this agreement are listed in Appendix A. 12.b Packet Pg. 126 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 9 8.2 RULES GOVERNING STEP INCREASES: The following rules shall govern step increases for employees: 1. Each salary range consists of six steps (1A through 6F). Steps 1A through 5E equal 95% of the next highest step, computed to the nearest one dollar. Step 5E = 95% of Step F6 Step 4D = 95% of Step 5E Step 3C = 95% of Step 4D Step 2B = 95% of Step 3C Step 1A = 95% of Step 2B Each across-the- board percentage salary increasedecrease shall raiselower step 6F of the respective range by that percentage. After all step 6F's of salary ranges have been established, each step 6F shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. 2. The time in step progression for employees with satisfacto ry performance will be as follows: 1 year at Step 1A 1 year at Step 2B 1 year at Step 3C 1 year at Step 4D 1 year at Step 5E 3. Employees who are eligible for advancement to step 5E or 6F must receive a "Meets Performance Standards" or better on the overall rating on their most recent Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. 4. The Police Chief shall be authorized to reeval uate employees who reach Step F6 in their pay range. An employee who is not performing up to standard for the sixth step shall be notified in writing that the Police Chief intends to reduce him/her one step unless his/her job performance improves signific antly within a 12.b Packet Pg. 127 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 10 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The sixth step may be reinstated at any time upon recommendation of the Police Chief. If the Police Chief deems it necessary to again remove the sixth step during the same fiscal year, he/she may make the change at any time with three business days' advanced written notice. 12.b Packet Pg. 128 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 11 ARTICLE 9 OVERTIME - SERGEANTS 9.1 DEFINITION Overtime is defined as all hours worked in excess of 160 hours worked in the employee's 28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off shall be considered hours worked when computing overtime. 9.2 ELIGIBILITY Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay. 9.3 SHIFT ADJUSTMENT In the matter of shift adjustments, it is agreed that the following guidelines will be followed: o In any situation necessitating a shift adjustment, volunteers will first be sought. o Shift adjustments will not be for more than two hours. o Shift adjustments for special units or assignments are not covered by this guideline and remain the discretion of the Unit Supervisor or Bureau Commander. o Whenever volunteers cannot be located, Sergeants assigned will be chosen sequentially by seniority. o Generally, no more than two Sergeants per shift should be ordered to adjust unless a specific event necessitates it. o At least 14 days notice will normally be given, but in no event will less than seven days notice be given, for an ordered shift adjustment. 12.b Packet Pg. 129 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 12 o A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other normal benefit. o Sergeants will be given at least ten hours between shifts for ordered non - emergency shift adjustments. o Shift adjustments will not be ordered to deal with court or shift continuation unless it is necessary to ensure the Sergeant has adequate rest. If court or another assignment prevents a Sergeant from getting proper rest between shifts, the Sergeant and the Watch Commander may arrange a shift adjustment to meet this need. With approval, the Sergeant could opt to use adjusted court time towards normal work hours instead of overtime, or to adjust shift start time up to four hours. In cases where the Watch Commander determines an adjustment is warranted but does not have sufficient staffing, s/he is authorized to bring in a replacement (on overtime) for up to four hours. o Shift adjustments will not be limited by day or time except as articulated above. 9.4 COMPENSATION A. Overtime hours shall, at the employee's option, be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. However, no employee shall accumulate and have current credit for more than 100 hours of compensatory time off. 9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the 12.b Packet Pg. 130 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 13 employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 9.6 CALL BACK Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed three-hour minimum payment at time and one half. Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 9.7 COURT TIME A. Employees reporting for court duty shall be guaranteed three hours minimum payment at time and one-half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. C. Two or more court cases occurring within t he minimum time period shall be subject to a single minimum payment. D. Employees placed on standby in anticipation of reporting for court time shall be compensated three hours straight time when on standby. Each calendar day starts a new standby period. E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned 12.b Packet Pg. 131 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 14 duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 9.8 ROLL CALL BRIEFING Employees who are required to attend roll call briefing, and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 9.9 TRAINING A. Employees called back for training sessions, authorized by the Police Chief or designee, shall be guaranteed two-hour minimum payment at time and one half. B. The City shall provide each employee with paid independent living hotel/motel accommodation when assigned to a POST reimbursable training course or City required training course requiring overnight stay. Daily meal reimbursement provided shall either be a flat $36 per day or the actual amount spent as evidenced by receipts subject to the following maximum amounts (unless increased by City Policy).  Breakfast - $10.00 (regardless of whether or not a continental breakfast is provided)  Lunch - $15.00  Commuter Lunch - $8.00  Dinner - $25.00  Mileage at the prescribed IRS mileage reimbursement rate. 9.10 RANGE QUALIFICATION A. Sworn personnel shall be guaranteed two hours at time and one half when participating in range qualification training when off duty. B. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition each month upon request. 12.b Packet Pg. 132 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 15 OVERTIME – COMMUNICATIONS SUPERVISORS 9.11 DEFINITION Overtime is defined as all hours worked in excess of 40 hours worked in a workweek. Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours worked when computing overtime. 9.12 ELIGIBILITY Communication Supervisors shall be eligible for overtime pay. 9.13 COMPENSATION Overtime shall be compensated in cash at time and one half the employee’s regular rate of pay or in time off compensated at time and one half. 9.14 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to work outside of the employee’s normal work hours, if a minimum applies as found in thi s article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 9.15 CALL BACK Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three-hour minimum payment at time and one half. Unanticipated emergency call-backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 9.16 COURT TIME A. Employees reporting for court duty shall be guaranteed three hours minimum 12.b Packet Pg. 133 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 16 payment at time and one-half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. D. Employees placed on standby as required to fulfill court requirements shall be compensated three hours straight time when on standby. Each calendar day starts a new standby period. E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 9.17 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 9.18 TRAINING A. Effective the first full pay period following ratification eEmployees called back for training sessions, authorized by the Police Chief or designee, shall be guaranteed two-hour minimum payment at time and one-half. B. The City shall provide each employee with paid independent living hotel/motel accommodation when assigned to a POST reimbursable training course or City 12.b Packet Pg. 134 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 17 required training course requiring overnight stay. Daily meal reimbursement provided shall either be a flat $36 per day or the actual amount spent as evidenced by receipts subject to the following maximum amounts (unless increased by City Policy).  Breakfast - $10.00 (regardless of whether or not a continental breakfast is provided)  Lunch - $15.00  Commuter Lunch - $8.00  Dinner - $25.00  Mileage at the prescribed IRS mileage reimbursement rate. 12.b Packet Pg. 135 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 18 Formatted: No underline 12.b Packet Pg. 136 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 19 ARTICLE 10 EDUCATION INCENTIVE 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 $250.00 bi-weekly for possession of a B.A. or B.S. from an accredited four year college or university and $350.00 bi -weekly for possession of a M.A. or M.S. from an accredited college or university. Total education incentive shall in no case exceed $350.00 bi-weekly. B. JOB RELATED FIELDS. Degrees must be either in directly job related fields, or City - approved equivalent. 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 Standards” rating on their annual evaluation. The Chief of Police, with the concurrence of the City Manager, may suspend payment of the incentive pay 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. F. ADDITIONAL PROVISIONS. 1. The maximum benefit under this article is $350.00 bi-weekly for possession of a M.A. or M.S. from an accredited college or university. 12.b Packet Pg. 137 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 20 2. Sworn and non-sworn employees are eligible to participate in the Tuition Reimbursement program as set forth in City Policy. 12.b Packet Pg. 138 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 21 ARTICLE 110 PAYDAY PayrollPaychecks 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. 12.b Packet Pg. 139 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 22 ARTICLE 121 GENERAL PROVISIONS 11.1 WORKING CONDITIONS: An officer's place of residence shall be within a one hour driving radius from the San Luis Obispo Police Department. 12.b Packet Pg. 140 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 23 ARTICLE 132 HEALTH CARE INSURANCE 12.1 CONTRIBUTION City agrees to contribute the monthly amounts set forth below for Cafeteria Plan benefits for each regular, full-time employee covered by this Agreement. Less than full-time employees shall receive a prorated share of the City’s contribution. Effective July 2015 Opt Out $ 569.00 Employee $ 569.00 Employee Plus One $1,035.00 Family $1,373.00 Effective December 2015 (for the January 2016 premiums), the City contribution shall be as follows: Opt Out $ 598.00 Employee $ 598.00543.00 Employees Plus One $1,087.00987.00 Family $1,442.001,309.00 Effective in December 20162014 (for the January 20172015 premium), December 2017 (for the January 2018 premium), and December 2018 (for the January 2019 premium) the City’s total Cafeteria Plan contribution shall be increased modified by an amount equal to one-half of the average percentage change for family coverage in the PERS health plans available in San Luis County. For example: if three plans were available and the year-to-year changes were +10%, +15%, and +20% respectively, th e City’s contribution would be increased by 7.5% (10% + 15% + 20% ÷ 3 = 15% X 1/2). The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage. 12.b Packet Pg. 141 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 24 Employees shall be eligible for the City contributions set forth above based on the number of dependents they enroll in the PERS Health Benefit Program. Employees opting out of health coverage as provided for below shall receive payment at the employee-only level. 12.2 INSURANCE COVERAGE PERS Health Benefit Program The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS Minimum Employer Contribution rate, currently $122.00112.00 per month for active employees and $106.40 per month for retirees. The City's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for above in Section 12.1. In summary, this cost and any increases will be borne by the employees. 12.3 Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are n ot required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the Retiree Health Insurance Account. This account will be used to fund the City's contribution 12.b Packet Pg. 142 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 25 toward retiree premiums and the City's costs for the P ublic Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated employee benefits. 12.4 Dental and Vision Insurance/Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage under PERS. 12.5 Life Insurance & Long Term Disability Insurance Employees in the Police Staff Officers Unit shall have life insurance coverage of Forty-Five Thousand Dollars ($45,000). Twenty Thousand Dollars ($20,000) shall be paid by the employees through the City’s Cafeteria Plan and Twenty-Five Thousand ($25,000) shall be paid by the City. Non-sworn employees shall continue to be covered under the City’s long-term disability insurance plan. 12.6 Medical Plan Review Committee The Association shall appoint one voting representative to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non -voting representative to provide a wider range of viewpoint for discussion. A. Duties and Obligations of the Medical Plan Review Committee 1. Review and suggest changes for the City's flexible benefits plan and the insurance plans offered under the MOA. 12.b Packet Pg. 143 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 26 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 1. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. 2. No recommendation of the Medical Plan Review C ommittee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and Association. 3. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. 4. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. C. City agrees to continue its contribution to the Cafeteria Plan for two pay periods in the event that an employee has exhausted all paid time off due to an 12.b Packet Pg. 144 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 27 employee's catastrophic illness. That is, the employee shall receive the regular City health benefit contribution for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero. 12.b Packet Pg. 145 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 28 ARTICLE 143 RETIREMENT 13.1 Employees hired before December 6, 2012 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. The 3% at age 50 plan includes the following amendments: Post- Retirement Survivor Allowance, the 1959 Survivor's Benefit - Level Four, military service credit, one-year final compensation, conversion of unused sick leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan has the following amendments: 1959 Survivor's Benefit - Level Four, one-year final compensation, military service credit, conversion of unused sick leave credit to additional retirement credit, and Pre-Retirement Optional Settlement 2 Death Benefit. 13.2 The City has discontinued paying the sworn employees' share of the PERS Contribution (9%) and the non-sworn employees’ share of the PERS Contribution (8%). The 9% for sworn or the 8% for non-sworn is included to the base salary schedule, and reported as compensation to PERS. The employee will pay directly to PERS their contribution amount on a pre -tax basis pursuant to Section 414 (h) (2) of the Internal Revenue Code (IRC). 13.3 The employee will be responsible for any and all tax liability incurred should the IRC provision become invalid. 13.4 “Classic Members” hired on or after December 6, 2012 Second Tier Retirement PERS determines who is a “classic member” with the meaning of the California Public Employees’ Pension Reform Act (PEPRA). For “Classic Members” hired on or after December 6, 2012, the City will provide the PERS 2% at 50 retirement plan for sworn personnel and 2% at 60 retirement plan for non -sworn personnel using the 12.b Packet Pg. 146 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 29 highest three year average as final compensation. The secon d tier formula will include the following amendments: conversion of unused sick leave to additional retirement credit, the 1959 survivor’s benefit (4th level), the Military Service Credit option, and the Pre-Retirement Option 2 Death Benefit. Employees hired under this plan will pay the full member contribution required under the plan, presently nin e percent (9%) for sworn personnel and seven percent (7%) for non-sworn personnel. The employee pays to PERS their contribution; as allowed under Internal R evenue Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis. 13.5 “New Members” For all employees who PERS determines are “new members” within the meaning of the PEPRA, the City will provide the PERS 2% at 57 retirement plan for sworn personnel and 2% at 62 retirement plan for non-sworn personnel, using the highest three year average as final compensation. Effective on their date of hire, new members will pay 50% of the total normal cost of the member contribution, as determined by PERS. The employee pays to PERS their contribution; as allowed under Internal Revenue Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis. This section only applies to new employees hired on or after July 1, 2012. Effective July 1, 2012 or as soon as practical upon approval by CalPERS , Safety members will be subject to the same second tier PERS formula implemented with the San Luis Obispo Police Officers Association (POA). Effective July 1, 2012 or as soon as practical upon approval by CalPERS, Non-safety members will be subject to the same second tier 12.b Packet Pg. 147 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 30 PERS formula implemented with the San Luis Obispo City Employees Association (SLOCEA). 12.b Packet Pg. 148 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 31 ARTICLE 154 UNIFORM ALLOWANCE 14.1 Each employee required to wear a uniform shall receive an annual uniform allowance as provided below and is expected to purchase and maintain in good repair all required uniform pieces. 14.2 The uniform allowance shall be $1,000 per year, with $500 issued to the employee with the first payroll period in June and $500 issued to the employee with the first payroll period in December. New hires will receive a prorated amount. 14.3 All represented employees shall be eligible for uniform allowance without regard to duty status interruption if in paid status, including 4850 Pay. For “Classic Members” as defined by CalPERS, uniform allowance shall be reported to CalPERS as special compensation. Uniform allowance will not be pro-rated upon separation from employment. 12.b Packet Pg. 149 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 32 ARTICLE 165 HOLIDAYS 15.1 The following days of each year are designated as paid holidays: 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 One-half day before Christmas Day December 25 - Christmas One-half day before New Year's Day 15.2 Each employee in this unit shall earn 4 hours of holiday leave bi-weekly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave (2.00 hours) each bi-weekly payroll period. 15.3 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/her designee. 15.4 Each calendar quarter, an employee has the option of receiving payment for one-fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time may not exceed 52 hours. Any holiday leave remaining as of the last payroll period in December of each year will be paid to the 12.b Packet Pg. 150 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 33 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. 12.b Packet Pg. 151 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 34 ARTICLE 176 VACATION LEAVE 16.1 Each incumbent of a 40 hour week line-item position shall accrue vacation leave with pay at the rate of 96 hours per year of continuous service since the benefit date for the first five years, 120 hours per year upon completion of five years, 144 hours per year upon completion of ten years, and 160 hours upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days pro-rated to the number of regularly scheduled work hours. 16.2 An incumbent is not eligible to use vacation leave until accrued. 16.3 A regular employee who leaves the City service shall receive payment for any unused vacation leave. 16.4 Vacation schedules must be reviewed by th e Chief or his/her designee prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. The department may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, management may approve a two month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year. 16.5 Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A of the Personnel Rules & Regulations may have such time credited as sick leave under the following conditions. A. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. 12.b Packet Pg. 152 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 35 B. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. 16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more than twice the annual rate may be carried over to a new calendar year. It shall be the responsibility of the employee to plan vacations and receive departmental approval in a timely manner. 16.7 All employees in this unit are eligible once annually in December, to request payment for up to 80 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. 12.b Packet Pg. 153 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 36 ARTICLE 187 ADMINISTRATIVE LEAVE 17.1 The Administrative Sergeant, Lieutenants, Captain s, Police Records Supervisor and Communications and Records Manager are exempt from paid overtime except as specifically authorized by the Police Chief due to extraordinary circumst ances. In general, management employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours. 17.2 In recognition of these requirements and the 24-hour staffing requirements of Police Departments, all members of this unit who are designated as exempt in Section 17.1 above shall be afforded flexibility in managing their work load and time and are eligible to take a maximum of 64 hours per calendar year of Administrative Leave. Such leave may be taken at any time during the year. However, in cases where an individual is not actively employed in an exempt position with the city during the full year such leave shall be prorated or if the yearly amount earned is changed during the year the amounts shall be prorated. For purposes of computing monthly amounts the rate of 5.33 hours per month may be used (64÷12 = 5.33). 17.3 Exempt employees understand that the nature of their jobs req uire that they will work additional hours outside of their regularly scheduled shifts for such activities as occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the approval of the Bureau Commander, exempt employees may shift adjust for such things as court, administrative assignments, filling shift vacancies, lengthy or frequent meetings, training, etc. 12.b Packet Pg. 154 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 37 ARTICLE 198 SICK LEAVE 18.1 Accumulation of sick leave days shall be unlimited. 18.2 Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: A. Death - 25% B. Retirement and actual commencement o f 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% 12.b Packet Pg. 155 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 38 ARTICLE 2019 FAMILY LEAVE 19.1 An employee may take up to 48 hours 16 hours of sick leave per year if required to be away from the job to personally care for a member of his/her immediate family. 19.2 An employee may take up to 40 hours of sick leave per year if that family member is part of the employee's household. 19.219.3 An employee may take up to 56 hours of sick leave per year if that family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. 19.319.4 For purposes of this article, immediate family is defined as:  spouse/registered domestic partner  child  brother  sister  parent  parent-in-law  step-parent  step-brother  step-sister  grandparent  grandchild  any other relative living in the same household  or any other relative as defined by Labor Code 233 and/or Assembly Bill 1522. 19.419.5 The amounts shown in 19.1, 19.2 and 19.23 above are annual maximums, not maximums per qualifying family member. 19.6 If the family member is a child, parent or spouse/registered domestic partner, an employee may use up to 48 hours annually to attend to the illness of the child, parent Formatted: Indent: Left: 0.81", Space After: 6 pt, Add space between paragraphs of the same style, Line spacing: single 12.b Packet Pg. 156 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 39 or spouse, instead of the annual maximums in paragraphs 19.1 and 19.2, in accordance with Labor Code Section 233. 19.7 19.5 In conjunction with existing leave benefits, unit employees with one year of City service who have worked at least 1280 hours in the last year, may be eligible for up to 12 weeks of Family/Medical Leave within any 12 month period. Family/Medical Leave can be used for: A. A new child through birth, adoption or foster care (maternal or paternal leave). B. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. C. Placement of an employee's child for adoption or foster care. D. A serious health condition which makes the employee unable to perform the functions of his or her position. E. Or as allowed under State or Federal Law. 19.619.8 This leave shall be in addition to leave available to employees under the existing four month Pregnancy-Disability Leave provided by California law. Paid leave, if used for family leave purposes or personal illness, will be subtracted from the 12 weeks allowed by the Family/Medical Leave Program. Employees must use all available vacation, compensatory time off and administrative leave and, if appropriate, sick leave prior to receiving unpaid Family/Medical Leave. 19.719.9 Employees on Family/Medical Leave will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees who receive cash back under the City's Flexible Benefit Plan will not receive that cash during the Family/Medical Leave. Only City group health insurance premiums Formatted: No bullets or numbering 12.b Packet Pg. 157 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 40 will be paid by the City. 19.819.10 If an employee does not return to work following leave, the City may collect from the employee the amount paid for health insurance by the City during the leave. There are two exceptions to this rule. A. The continuation of a serious health condition of the employee or a covered family member prevents the return. B. Circumstances beyond the employee's control. Further details on Family/Medical Leaves, are available through the City's "Guide to Family/Medical Leave Program". 12.b Packet Pg. 158 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 41 ARTICLE 210 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, meaning:  Spouse/registered domestic partner  child  brother  sister  parent  parent-in-law  step-parent  step-brother  step-sister  grandparent  grandchild  any other relative living in the same household, provided such leave as defined in this Article shall not exceed 40 hours for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. 12.b Packet Pg. 159 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 42 ARTICLE 221 CATASTROPHIC LEAVE Employees may participate in the Catastrophic Leave program in accordance with the City - wide Catastrophic Leave Policy. 12.b Packet Pg. 160 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 43 ARTICLE 232 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on -the-job injury in accordance with State Workers' Compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his/her base salary and the amount provided by Workers' Compensation law during the first 90 business days of such disability absence. 12.b Packet Pg. 161 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 44 ARTICLE 243 JURY DUTY AND MILITARY LEAVES 23.1 JURY DUTY Any regular or probationary City employee, when duly called to serve on any jury, and when not excluded there from, or when subpoenaed to appear as a witness at any trial, shall be compensated for the time required to be spent under the jurisdiction of the court by an amount equal to the differen ce between the pay he/she received as a juror and his/her regular daily rate received from the City. The difference between the time required to be spent on jury duty and the normal workday of the employee shall be spent performing the employee’s regular job assignments unless the department head, upon approval of the Director of Human Resources, determines this not to be practical. 23.2 MILITARY LEAVE Any line-item employee shall receive normal salary and fringe benefits during the first thirty days of any period of temporary military leave. Such compensation shall not exceed thirty calendar days in any one fiscal year. Any temporary military leave in excess of thirty days in one fiscal year shall be taken as vacation leave or leave of absence without pay. 12.b Packet Pg. 162 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 45 ARTICLE 254 GRIEVANCE PROCEDURE 21.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. 21.2 Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may immediately submit the grievance in writing to the Police Chief for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within 15 business days of the occurrence of the grievance. The Police Chief shall promptly consider the grievance and render a decision in writing within 15 business days of receiving the written grievance. If the employee accepts the Police Chief's decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the Police Chief's decision, the employee may immediately submit the grievance in writing to the Human Resources Director within five business days of receiving the Police Chief's decision. The 12.b Packet Pg. 163 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 46 Human Resources Director shall confer with the employee and the Police Chief and any other interested parties, and shall conduct such other investigations as may be advisable. D. The results or findings of such conferences and investigations shall be submitted to the City Manager in writing within fifteen (15) business days of receiving the employee's written request. The City Manager will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Manager’s decision shall be in writing and given to the employee within 15 business days of receiving the Human Resources Director's results and findings. Such decision shall be final unless the employee desires the Personnel Board to review the decision. If such is the case, the employee will have five business days following receipt of the City Manager’s decision to submit a written request to the Personnel Board through the Human Resources Director for a review of the decision. The Personnel Board within 30 business days shall review the record and either (1) issue an advisory opinion to the City Manager; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within 10 business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends o verruling or modifying the City Manager’s decision, the City Manager shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three business days of the Board's action. If appealed, the City Co uncil shall review the case on the record and render a final decision within 15 business days of submittal. 12.b Packet Pg. 164 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 47 ARTICLE 265 DISCIPLINARY ACTION Except in cases of disciplinary suspensions of less than one work week, the standards for the discipline of exempt employees shall generally be consistent with the standards for discipline of non-exempt employees. Thus, such exempt employees may be subject to termination, demotion or reduction in compensation for any of the reasons set forth in Section 2.36.320 of the Personnel Rules and Regulations. In conformity with the Fair Labor Standards Act, a disciplinary suspension of less than one week may be imposed only for a violation of City safety rules of major significance. Minor violations of rules and regulations may result in lesser disciplinary actions, such as oral or written reprimands, counseling, or special training, etc. 12.b Packet Pg. 165 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 48 ARTICLE 276 IMPASSE PROCEDURE 26.1 MEDIATION A. Mediation may be requested only after the possibility of settlement by direct discussion (meet and confer) has been exhausted. Mediation may be requested by scheduling a meeting with the Employee Relations Officer (City Manager). 1. The Employee Relations Officer shall convene a meeting between the chief negotiator for the Association, one other representative of the Association, the Employee Relations Officer and one other representative of the City: a. To review the position of the parties in a final effort to reach agreement or reduce the points of disagreement; and b. If agreement is not reached, to make arrangements for mediation. B. Following the meeting with the Employee Relations Officer, only the disputed issues shall be submitted to mediation. The mediator shall be selected from the State Mediation and Conciliation Service by mutual consent. All mediation proceedings shall be private and confidential and the mediator shall make no public recommendation nor take any public position at any time concerning the issue. Any fees or expenses of mediation shall be shared equally by the City and the Association. C. Mediation shall be terminated if agreement has not been reached in 30 days unless extended by mutual agreement. 26.2 FACT-FINDING A. If mediation fails to resolve all issues, the unresolved issues shall be referred to 12.b Packet Pg. 166 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 49 "fact-finding." The fact-finder shall be selected by mutual consent. B. The City and the Association shall submit its position on each unresolved issue and its last offer of settlement to the fact-finder. After due consideration, the fact-finder shall recommend on each issue using factors traditionally taken into consideration in determination of wages, hours and other terms and conditions of employment in the public sector. C. Within 10 days of commencing fact-finding, recommendations of the fact- finder shall be reported in writing at a meeting of representatives of the City and the Association. Each party shall accept, reject or propose alternatives to the fact-finder's recommendations. Any recommendations or alternatives not accepted by both parties within 15 days of receiving the fact -finder's recommendations will be presented to the City Council. D. After a hearing where the chief negotiator for the Associ ation, one other representative of the Association, the Employee Relations Officer and one other representative of the City have presented their position on the fact -finder's recommendations, the City Council may accept or reject any recommendation. All proceedings and recommendations of fact-finding shall be private and confidential. Any fees or expenses shall be equally shared by the City and the Association. 12.b Packet Pg. 167 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 50 ARTICLE 287 SWAT TEAM MEMBERSSERGEANTS AND LIEUTENANTS SWAT team members are required to maintain a higher standard of physical fitness than the normal employee. The City will reimburse each SWAT team member who purchases personal exercise equipment or 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 purchase or of membership and active participation. 12.b Packet Pg. 168 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 51 ARTICLE 28 REOPENERS The City and the Associations agree to meet and confer to discuss post-retirement health contributions if changes to this benefit are agreed to with the Police Officers’ Association during the term of the contract. 12.b Packet Pg. 169 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 52 ARTICLE 29 FULL AGREEMENT This Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. In the event any new practice or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and con fer upon request. 12.b Packet Pg. 170 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 53 ARTICLE 30 SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a 30 day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 6620. 12.b Packet Pg. 171 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 54 ARTICLE 31 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 2015 2012, except that those provisions which have specific implementation dates shall be implemented on those dates and shall remain in full force and effect until midnight June 30, 20192015. 12.b Packet Pg. 172 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 55 ARTICLE 32 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 1042 Walnut Street, San Luis Obispo, California 93401; telephone: (805) 781-7342). B. Management's principal authorized agent shall be the Human Resources Director or his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo, California 93401; telephone: (805) 781 -7252). 12.b Packet Pg. 173 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 56 ARTICLE 33 SIGNATURES 1. Classifications covered by this agreement and included within this unit are Police Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Police Records Supervisor, and Communications and Records Manager. 2. This Agreement does not apply to Temporary Employees or Part-time Employees. This Agreement was executed on October 6, 2015May 15, 2012, by the following parties: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO POLICE STAFF OFFICERS’ ASSOCIATION ______________________________ ____________________________ Monica Irons, Human Resources Director Kerri Rosenblum, President ______________________________ ____________________________ Greg Zocher, Human Resources Manager John Bledsoe, Vice President ______________________________ Garret Olson, Fire Chief Kurt Hixenbaugh, Treasurer ____________________________ Janice Goodwin, Treasurer Member at Large 12.b Packet Pg. 174 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) 57 ___________________________ Brian Amoroso, Negotiator 12.b Packet Pg. 175 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) APPENDIX A 58 Salary Range Listing - July 2012 Through June 2015 July 2012 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 8010 800 Police Sergeant 8,034 8,457 8,902 9,370 9,864 10,383 3,708 3,903 4,109 4,325 4,552 4,792 8030 805 Police Lieutenant 9,149 9,630 10,137 10,671 11,232 11,824 4,223 4,445 4,679 4,925 5,184 5,457 8040 810 Police Captain 10,463 11,014 11,594 12,204 12,846 13,522 4,829 5,083 5,351 5,633 5,929 6,241 8050 855 Communications Supervisor 5,938 6,251 6,580 6,926 7,291 7,674 2,741 2,885 3,037 3,197 3,365 3,542 8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,615 2,362 2,487 2,617 2,755 2,900 3,053 8055 800 Communications & Records Mgr 8,034 8,457 8,902 9,370 9,864 10,383 3,708 3,903 4,109 4,325 4,552 4,792 January 2013 2.5% decrease for all employees except Records Supervisor Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 8010 800 Police Sergeant 7,833 8,245 8,679 9,136 9,617 10,123 3,615 3,806 4,006 4,217 4,439 4,672 8030 805 Police Lieutenant 8,920 9,390 9,884 10,404 10,952 11,528 4,117 4,334 4,562 4,802 5,055 5,321 8040 810 Police Captain 10,202 10,739 11,304 11,899 12,525 13,184 4,708 4,956 5,217 5,492 5,781 6,085 8050 855 Communications Supervisor 5,790 6,095 6,415 6,753 7,108 7,482 2,672 2,813 2,961 3,117 3,281 3,453 8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,615 2,362 2,487 2,618 2,755 2,900 3,053 8055 800 Communications & Records Mgr 7,833 8,245 8,679 9,136 9,617 10,123 12.b Packet Pg. 176 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) APPENDIX A 59 3,615 3,806 4,006 4,217 4,439 4,672 January 2014 2% decrease for all employees except Records Supervisor Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly 8010 800 Police Sergeant 7,676 8,080 8,505 8,953 9,424 9,920 3,543 3,729 3,926 4,132 4,350 4,579 8030 805 Police Lieutenant 8,742 9,203 9,687 10,197 10,733 11,298 4,035 4,247 4,471 4,706 4,954 5,215 8040 810 Police Captain 9,998 10,524 11,078 11,661 12,274 12,920 4,614 4,857 5,113 5,382 5,665 5,963 8050 855 Communications Supervisor 5,673 5,972 6,286 6,617 6,965 7,332 2,618 2,756 2,901 3,054 3,215 3,384 8045 850 Records Supervisor 5,118 5,388 5,671 5,970 6,284 6,615 2,362 2,487 2,618 2,755 2,900 3,053 8055 800 Communications & Records Mgr 7,676 8,080 8,505 8,953 9,424 9,920 3,543 3,729 3,926 4,132 4,350 4,579 Salary Range Listing - July 2015 - July 2018 July 2015 Summary of Changes: 2% COLA all classifications, 1% equity adjustment for Police Lieutenant, 1.6% equity adjustment for Police Captain Title Class Schedule Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 POLICE SERGEANT 8010 800 $ 3,614 $ 3,804 $ 4,004 $ 4,215 $ 4,437 $ 4,671 POLICE LIEUTENANT 8030 805 $ 4,157 $ 4,376 $ 4,606 $ 4,848 $ 5,103 $ 5,372 POLICE CAPTAIN 8040 810 $ 4,781 $ 5,033 $ 5,298 $ 5,577 $ 5,870 $ 6,179 POLICE RECORDS SUPERVISOR 8045 850 $ 2,410 $ 2,537 $ 2,670 $ 2,810 $ 2,958 $ 3,114 COMMUNICATIONS SUPERVISOR 8050 855 $ 2,670 $ 2,811 $ 2,959 $ 3,115 $ 3,279 $ 3,452 COMMUNICATN & RECORDS MGR 8055 800 $ 3,614 $ 3,804 $ 4,004 $ 4,215 $ 4,437 $ 4,671 January 2016 Summary of Changes: 5% equity adjustment for Communications and Records Manager Title Class Schedule Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 12.b Packet Pg. 177 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) APPENDIX A 60 POLICE SERGEANT 8010 800 $ 3,614 $ 3,804 $ 4,004 $ 4,215 $ 4,437 $ 4,671 POLICE LIEUTENANT 8030 805 $ 4,157 $ 4,376 $ 4,606 $ 4,848 $ 5,103 $ 5,372 POLICE CAPTAIN 8040 810 $ 4,781 $ 5,033 $ 5,298 $ 5,577 $ 5,870 $ 6,179 POLICE RECORDS SUPERVISOR 8045 850 $ 2,410 $ 2,537 $ 2,670 $ 2,810 $ 2,958 $ 3,114 COMMUNICATIONS SUPERVISOR 8050 855 $ 2,670 $ 2,811 $ 2,959 $ 3,115 $ 3,279 $ 3,452 COMMUNICATN & RECORDS MGR 8055 860 $ 3,796 $ 3,996 $ 4,206 $ 4,427 $ 4,660 $ 4,905 July 2016 Summary of Changes: 2% COLA for all classifications Title Class Schedule Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 POLICE SERGEANT 8010 800 $ 3,687 $ 3,881 $ 4,085 $ 4,300 $ 4,526 $ 4,764 POLICE LIEUTENANT 8030 805 $ 4,240 $ 4,463 $ 4,698 $ 4,945 $ 5,205 $ 5,479 POLICE CAPTAIN 8040 810 $ 4,878 $ 5,135 $ 5,405 $ 5,689 $ 5,988 $ 6,303 POLICE RECORDS SUPERVISOR 8045 850 $ 2,458 $ 2,587 $ 2,723 $ 2,866 $ 3,017 $ 3,176 COMMUNICATIONS SUPERVISOR 8050 855 $ 2,725 $ 2,868 $ 3,019 $ 3,178 $ 3,345 $ 3,521 COMMUNICATN & RECORDS MGR 8055 860 $ 3,871 $ 4,075 $ 4,289 $ 4,515 $ 4,753 $ 5,003 July 2017 Summary of Changes: 2% COLA for all classifications Title Class Schedule Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 POLICE SERGEANT 8010 800 $ 3,760 $ 3,958 $ 4,166 $ 4,385 $ 4,616 $ 4,859 POLICE LIEUTENANT 8030 805 $ 4,325 $ 4,553 $ 4,793 $ 5,045 $ 5,310 $ 5,589 POLICE CAPTAIN 8040 810 $ 4,975 $ 5,237 $ 5,513 $ 5,803 $ 6,108 $ 6,429 POLICE RECORDS SUPERVISOR 8045 850 $ 2,507 $ 2,639 $ 2,778 $ 2,924 $ 3,078 $ 3,240 COMMUNICATIONS SUPERVISOR 8050 855 $ 2,778 $ 2,924 $ 3,078 $ 3,240 $ 3,411 $ 3,591 COMMUNICATN & RECORDS MGR 8055 860 $ 3,949 $ 4,157 $ 4,376 $ 4,606 $ 4,848 $ 5,103 July 2018 Summary of Changes: 2% COLA for all classifications Title Class Schedule Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 POLICE SERGEANT 8010 800 $ 3,835 $ 4,037 $ 4,249 $ 4,473 $ 4,708 $ 4,956 POLICE LIEUTENANT 8030 805 $ 4,412 $ 4,644 $ 4,888 $ 5,145 $ 5,416 $ 5,701 POLICE CAPTAIN 8040 810 $ 5,075 $ 5,342 $ 5,623 $ 5,919 $ 6,230 $ 6,558 POLICE RECORDS SUPERVISOR 8045 850 $ 2,557 $ 2,692 $ 2,834 $ 2,983 $ 3,140 $ 3,305 COMMUNICATIONS SUPERVISOR 8050 855 $ 2,835 $ 2,984 $ 3,141 $ 3,306 $ 3,480 $ 3,663 COMMUNICATN & RECORDS MGR 8055 860 $ 4,028 $ 4,240 $ 4,463 $ 4,698 $ 4,945 $ 5,205 12.b Packet Pg. 178 Attachment: a - EXHIBIT A - SLOPSOA MOA 2015-2019 (1132 : SLOPSOA MOA) RESOLUTION NO . 10248 (2011 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING IT S COMPENSATION PHILOSOPHY SUPERSEDING PREVIOU S RESOLUTIONS IN CONFLIC T WHEREAS,the City of San Luis Obispo strives to provide excellent service to th e community at all times, and supports this standard by promoting organizational values includin g customer service, productivity, accountability, innovation, initiative, stewardship, and ethics ; an d WHEREAS,to achieve our service standards, the City must attract and retain wel l qualified employees who exemplify our organizational values ; an d WHEREAS,fostering an environment attractive to such employees depends upon man y factors, including a competitive compensation program . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo that the City's compensation philosophy is adopted as follows : SECTION 1 .The City is committed to providing competitive compensation as part o f an overall strategy of attracting and retaining well qualified employees who exemplify ou r organizational values . SECTION 2 . The City will consider total compensation, including but not limited to , salary, health, retirement, and time off benefits . SECTION 3 .In evaluating competitive compensation, the City considers : A.Financial sustainability including the City's financial condition as reflecte d throughout the financial forecast, competing service priorities, maintenance needs, capita l improvement and other asset requirements, fund reserve levels, and revenue projections prior t o implementing changes in compensation . B.Community acceptability since taxpayers and ratepayers ultimately fund al l employee compensation . C.The "relevant labor market"that may vary depending upon classification and i s primarily defined by the geographic region (local, state-wide, or national) and key market s (municipal, other government agencies, private sector) where labor talent is found, recruite d from, and/or lost. When the relevant labor market is defined as "local"; local private sector compensation data wil l be considered along with local public sector compensation (municipal and other governmen t agencies . When the relevant labor market is statewide or national, the City will conside r compensation date for public sector agencies (municipal and other government) with severa l R 10248 12.c Packet Pg. 179 Attachment: b - Compensation Philosophy (1132 : SLOPSOA MOA) Resolution No . 10248 (2011 Series ) Page 2 comparable demographic data points including but not limited to population, median home price , median household income, median age, median education level, services provided, an d unemployment rate . Quality of life should also be considered when selecting comparable municipal and other government agencies . D."Internal relationships"referring to the relative value of classifications to on e another as determined by the City . Classifications performing comparable duties, wit h comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment , will be valued similarly in the City's compensation structures . E.Other relevant factors may include unforeseen economic changes, natura l disasters, states of emergency, changes in City services, and changes in regulatory or lega l requirements . SECTION 4 .At least every five years, the City will evaluate its compensation structure , programs, and policies to assess market competitiveness, effectiveness, and compliance with Stat e Law . Adjustments to the compensation structure may be made as a result of this periodi c evaluation and will be done through the collective bargaining process, if applicable, or othe r appropriate Council-management processes . Upon motion of Council Member Carter, seconded by Council Member Carpenter, and o n the following vote : AYES : Council Members Carpenter, Carter and Smith, and Mayor Mar x NOES : Vice Mayor Ashbaug h ABSENT : Non e The foregoing resolution was adopted on March 15, 2011 . ATTEST : Elaina Can o City Clerk APPROVED AS TO FORM : 12.c Packet Pg. 180 Attachment: b - Compensation Philosophy (1132 : SLOPSOA MOA) 12.d Packet Pg. 181 Attachment: c - Fiscal Responsibility Philosophy (1132 : SLOPSOA MOA) 12.d Packet Pg. 182 Attachment: c - Fiscal Responsibility Philosophy (1132 : SLOPSOA MOA)