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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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%.
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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
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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
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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
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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
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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.
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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.
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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.
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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 $32,000 more expensive than
anticipated. Staff is hopeful that the State funding may cover both the 9-1-1 system upgrade and
the audio recording system. Once both projects are completed the remaining CIP funding will be
returned to the appropriate fund balance.
ALTERNATIVE
The City could choose Carousel Industries as the new vendor and support for our 9-1-1
equipment. The price of this contract is significantly higher and the City is working to apply
residual funds towards the CIP for the Audio Recording Equipment replacement as it has a direct
nexus to 9-1-1. The City would also need to reevaluate how it prioritizes deployment of its IT
personnel because this option would require increased levels of devoted staff..
Attachments:
a - Advanced Notification for CP Equipment Funding
b - AT&T Quote
c - AT&T Statement Of Work
d - Carousel Industries Quote
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8.a
Packet Pg. 32 Attachment: a - Advanced Notification for CP Equipment Funding (1133 : 9-1-1 System Upgrade)
DATE 9/30/2015
Account Manager Jeff Cushman System:Power911 VIPER
Phone 858-886-1140 PowerMIS
Email jc6785@att.com
Number of Positions 6
Tax Rate 8.000%
Equipment 97,049.05$
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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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Appendix C: Dispatch and Equipment Floor Plans
FOOTPRINT OF DISPATCH
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FOOTPRINT OF EQUIPMENT ROOM
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Appendix D: Pricing & Terms
Please refer to separate document.
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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:
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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),
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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.
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(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.
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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
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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
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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
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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
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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.
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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.
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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)
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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
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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.
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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
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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.
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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
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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
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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)
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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.
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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.
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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.
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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.
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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
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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
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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
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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)
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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.
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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”
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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.
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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
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11.a
Packet Pg. 107 Attachment: a - Recommended - Design Continuity (1120 : BRANDING UPDATE FOR SLO TRANSIT VEHICLES)
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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)
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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
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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:
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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
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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:
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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Formatted: No underline
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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.
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2. Sworn and non-sworn employees are eligible to participate in the Tuition Reimbursement
program as set forth in City Policy.
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ARTICLE 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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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PERS formula implemented with the San Luis Obispo City Employees Association
(SLOCEA).
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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.
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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
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employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee’s final
paycheck.
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ARTICLE 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.
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B. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage.
16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more
than twice the annual rate may be carried over to a new calendar year. It shall be the
responsibility of the employee to plan vacations and receive departmental approval in
a timely manner.
16.7 All employees in this unit are eligible once annually in December, to request payment
for up to 80 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory.
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ARTICLE 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.
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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%
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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
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or spouse, instead of the annual maximums in paragraphs 19.1 and 19.2, in accordance
with Labor Code Section 233.
19.7 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
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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".
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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.
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ARTICLE 221
CATASTROPHIC LEAVE
Employees may participate in the Catastrophic Leave program in accordance with the City -
wide Catastrophic Leave Policy.
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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.
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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.
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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
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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.
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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.
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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
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"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.
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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.
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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.
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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.
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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.
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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.
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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).
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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
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___________________________
Brian Amoroso, Negotiator
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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
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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
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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
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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
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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 :
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