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Home My WebLink About3600-3621` C" !• RESOLUTION NO. 3621 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION WITH THE STATE -WIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 1978, FOR THE PURPOSE OF VOTING ON ANNEXATIONS TO THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of a Special Municipal Election with the state -wide general election to be held on November 7, 1978, and said Board of Supervisors is authorized hereby to canvass the returns of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such primary election shall be used. The precincts, polling places and officers of election for the Special Municipal Election hereby called shall be the same as those provided for said state -wide general election. Said Board of Supervisors shall certify the results of the canvass of the returns of such Special Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 2. The Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to take any and all steps necessary for the holding of said Special Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolida- ting the elections. SECTION 3. The propositions to be voted on at said Special Municipal Election shall be as set forth on Exhibit "A" attached hereto and incorporated herein by reference. R 3621 A It Resolution No. 3621 (1978 Series) SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution. On motion of Councilman Petterson , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen the foregoing Resolution was passed and adopted this 31st day of July , 1978. ATTEST: Ci e c - J. H. Fitzpatrick Approved as to orm Allen Grimes, City Attorney Approved as to content: 9PtY Administrative Officer Pro -Tem - 2 - i PROPOSITION "A" SHALL THE "FERRINI ANNEXATION" BE ANNEXED TO THE CITY OF SAN LUIS OBISPO? YES NO PROPOSITION "B" SHALL THE "FOOTHILL ANNEXATION" BE ANNEXED TO THE CITY OF SAN LUIS OBISPO? YES NO xESOLUTION NO. 3620 (1978 Series, A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 7, 1978, AND TO BE CONSOLIDATED WITH THE STATE -WIDE GENERAL ELECTION TO BE HELD ON SAID DATE, FOR THE PURPOSE OF VOTING ON TWO PROPOSED ANNEXATIONS TO THE CITY. WHEREAS, the City Council of the City of San Luis Obispo has approved two (2) annexations to the City of San Luis Obispo, and WHEREAS, the voters of the City of San Luis Obispo, on June 6, 1978, approved by majority vote, an amendment to the City Charter, namely Section No. 727 requiring voter approval of annexations, and WHEREAS, said charter amendment was filed with the Secretary of State on June 30, 1978. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION.1. There is hereby called and ordered in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, November 7, 1978, a Special Municipal Election of the qualified electors of said city to be consolidated with the State -Wide General Election for voting on two proposed annexations to the City of San Luis Obispo, namely the "Ferrini Annexation" and "Foothill Annexation ". SECTION 2. The propositions to be voted on at said Municipal Election shall be as set forth as follows: PROPOSITION "A" SHALL THE "FERRINI ANNEXATION" BE ANNEXED TO THE CITY OF SAN LUIS OBISPO? YES NO PROPOSITION "B" SHALL THE "FOOTHILL ANNEXATION" BE ANNEXED TO THE CITY OF SAN LUIS OBISPO? YES NO R 3620 Q :. Resolution No. 3620 (1978 Series) SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall cause this resolution to be published once in the San Luis Obispo County Telegram- Tribune, a newspaper of general-circula- tion printed, published and circulated in the City of San Luis Obispo, within fifteen (15) days of the date hereof and not more than sixty (60) days prior to the 7th day of November, 1978. On motion of Councilman Petterson , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen the foregoing Resolution was passed and adopted this 31st day of July , 1978. ATTEST: a Cit er c - '•J.H. Fitzpatrick Approved as to form Allen Grimes, City Attorney Approved as to content: Ay Administrative Officer Pro -Tem - 2 - RESOLUTION NO. 3619 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1978179 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following General Fund Appropriation Account be increased to provide additional funds for the financial audit of 1977/78. Account No. Description Amount (05) 01- 3908 -080 Financial Audit $8,300. DR. 01- 0510 -000 Appropriations 8,300. CR. 01- 0600 -000 Unappropriated Balance 8,300. DR. On motion of Councilman Petterson seconded by Councilman Jorgensen, and on the following roll call voted AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 24th day of July , 1978. ATTEST: C' Clerk J.H. Fitzpatrick Approved as to f rm: Allen Grimes, City Attorney Approved as to content: City Administr tive ficer .in nc ector R 3619 \J \ RESOLUTION NO. 3618 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUB- DIVISION NO. 78 -129, LOCATED AT 2115 and 211.9 KING STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 78 -129 and the Planning Commission's recommendations, staff recommendations, and reports thereon, makes the following findings: (1) The proposed parcel map and design are consistent with the General Plan. (2) The site is physically suited for the proposed type and density of development which is permitted by the R -2 zone. (3) The design is not likely to cause substantial environmental damage, or cause serious public health problems. (4) The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Minor Subdivision 78 -129 be subject to the following conditions: (1)'All new lot corners shall be staked by a registered civil engineer or licensed surveyor. (2) Subdivider shall provide required parking on parcels 1 and 2 to the satisfaction of the community development director and prior to final map approval. (3) Subdivider shall install street trees on both street frontages to the approval of the Public.Services Department. (4) Each parcel shall be served with individual utility services to the satisfaction of the city engineer. (5) Subdivider shall remove "carport" between existing structures prior to final map approval. (6) Subdivider shall install, modify, or replace driveway ramps, as neces- sary, to the approval of the Public Services - Department. On motion of Councilman Jorgensen , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None R 3618 o Resolution No. 3618 Page 2 the foregoing resolution was passed and 1978. ATTEST: Cit r J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney t By Allen Grimes this 18th day of July Approved as to content: i City Administrativ fficer RESOLUTION NO. 3617 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER F. ROSS, ET AL. FOR A COMMON ACCESS DRIVEWAY (CERRO ROMAULDO AVENUE AND ROSITA STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Walter F. Ross; et al.,— for „a.- common.access driveway for property located at Cerro Romauldo Avenue and Rosita Street, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Walter F. Ross, et al., and the City Community Development Department. On motion of Councilman Jorgensen , seconded by Councilman Settle and on the following roll call vote: AYES:. Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of July 19 78. ATTEST: QQ Q jy CIIer'k J.H. Fitzpatrick R 3617 C Approved as to fo Approved as to content: Allen Grimes, City Attorney City Adminstrative Of er =RVMn4 4�257 Community "De I elopmenta irector 2ecording Requested By: CITY OF SAN LUIS OBISPO FThen,Recorded, Please Return to: Cr_-Y CT. XS OFFICL City of San Luis Obispo P.O. Fox 321 �71rzn Lid,- Obispo, CA 934al AGREEMENT CREATING EASEMENT FOR CCMiTON DRIVEWAY THIS.AGREEiMENT, between the CITY OF SAN LUIS OBISPO, a Municipal Corporation, (hereinafter referred to as "CITY "), and Walter F. Ross, Sally A. Ross, Richard W. Ross, Harriet Ross, and Glynn J. Warren and Eloise T. Warren, (hereinafter referred to as "OWNERS "). WITNESSETH: WHEREAS, OWNERS have an interest, either as owner or encumbrances, in the following described real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California to wit: Lot 3, Block A, Tract 179, City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map recorded, November 3, 1959, in Book 6, Page 32, of Maps, in the office of the County Recorder, and land appurtentant to the new Parcel Map of San Luis Obispo 78 -09, Lots A, B, and C. WHEREAS, OWNERS desire to construct single family residences on Lot, B and C; and WHEREAS, CITY, as a condition of said developement, requires the creation of a common driveway easement to serve said Lot B and Lot C, and OWNERS are required to create same for Lot D, for the benefit of each of them, and for the benefit of OWNERS: NOW, THEREFORE, the parties hereto agree each with the other as follows; 1. OWNERS hereby dedicate an easement for a common driveway over LOTS A, B, and C as shown shaded blue and orange on the attached map designated as Exhibit "A" which is hereby incorporated in and made a part of this agreement. Said common driveway shall exist in favor of each of Lot B, C and Lot D as shown on said Exhibit "A ". Except that parcel A shall only have rights and responsibilities to the area shown shaded blue and lying southerly of an easterly projection of said parcels (A) north boundry line. 2. 014NERS and future owners hereby agree to comply with the following terms and conditions: a. To equally-participate in the improvement, maintenance and repair of said driveways. b. Prohibit all parking on the common access portions. C. Agree, jointly and individually, to reimburse the CITY of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the CITY for, and hold the CITY harmless from, all final judgments against the CITY for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. d. 014NERS understand that the CITY cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to defend and hold the CITY harmless from all claims for damages or liability arising from the alleged failure of the CITY to regulate vehicles or to provide protection hazards upon said driveway. e. Repair any portion,of said driveway that is damaged through the intention or negligent acts of said party, or parties, or his or their licenses and invitees. 3. It is understood and agreed by and between the parties hereto that should the CITY accept the dedication of the exten- sion of Rosita Street, (shown shaded in blue on the attached map), in the City Street System, that this agreement will cease and terminate as applied to said section of roadway upon said accep- tance by the City. -2- 4. Parties agree that these easements are superior and paramount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. DATE : ( ' . J ll ATTEST: 'ik� r Approved as to form: WENDT, MITCHELL, SIN HEIMER, de la NOTTE & LILLEY� City Attorney i By Allen Grimes OWNERS: Walter F. Ross Sa11 J / .,R-oss Richard W. Ross rriet Ross Glvnnl -J. War T. Warren SAN LUIS OBISPO R APPROVED AS TO CONTENT: ISO City Administrative Offi r Community De elopmen irector lit y j ,1,f i .... �u gL�.77'W�t a, I i is I Iljt' 7tf 5 ILI s pro II l.i� I I� 1. I ♦ • rl ltd • 1 ', I i v nv I I' r 1' t r r . � I }r„ I I � fl C E R T I F C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real.property conveyed Agreement Creating by the 17n,,P^ Pnr fnr Conn Tlrivpwnydated July 3 19_Z�L, from _Walter F. Ross, Sally A. Ross. Richard W. Ross, Harriet Ross and Glvnn J. Warren and Eloise T. Warren to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council.pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: July 19, 1978 10 19 ATTEST: J.�' itzpatrick, City Clerk o RESOLUTION NO.. 3617 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER F. ROSS, ET AL. FOR A COMMON ACCESS DRIVEWAY (CERRO ROMAULDO AVENUE AND ROSITA STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Walter F. Ross, et al. for a common access driveway for property located at Cerro Romauldo Avenue and Rosita Street, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Walter F. Ross, et al., and the City Community Development Department. On motion of Councilman Jorgensen. , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of July 19 78. ATTEST: fii y Clerk J.H. Fitzpatrick R 3617 Approved as to fo Allen Grimes, City Attorney /r V Approved as to content: �City Ad rative Of er =99nn4 U/1 Community De elopmen erector 1ecording Requested By: O CITY OF-SAN, LUIS OBISPO When Recorded, Please Return to: C1?i' .C:s"' u's OFF?CE City of San i,u:s Obispo P.O. Box 321 �.r,,j Lizie Obispo, CA 93401 AGREEMENT CREATING EASEMENT FOR COMMON DRIVEWAY THIS AGREEMENT, between the CITY OF SAN LUIS OBISPO, a Municipal Corporation, (hereinafter referred to as "CITY "), and Walter F. Ross, Sally A. Ross, Richard W. Ross, Harriet Ross, and Glynn J. Warren and Eloise T. Warren, (hereinafter referred to as "OWNERS "). WITNESSETH: WHEREAS, OWNERS have an interest, either as owner or encumbrances, in the following described real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California to wit: Lot 3, Block A, Tract 179, City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map recorded, November 3, 1959, in Book 6, Page 32, of Maps, in the office of the County Recorder, and land appurtentant to the new Parcel Map of San Luis Obispo 78 -09, Lots A, B, and C. WHEREAS, OWNERS desire to construct single family residences on Lot, B and C; and WHEREAS, CITY, as a the creation of a common Lot C, and OWNERS are re benefit of each of them, NOW, THEREFORE, the as follows; condition of said developement, requires driveway easement to serve said Lot B and quired to create same for Lot D, for the and for the benefit of OWNERS: parties hereto agree each with the other I. OWNERS hereby dedicate an easement for a common driveway over LOTS A, B, and C as shown shaded blue and orange on the attached map designated as Exhibit "A" which is hereby incorporated in and made a part of this agreement.. Said common driveway shall exist in favor of each of Lot B, C and Lot D as shown on said Exhibit "A". Except that parcel A shall only have rights and responsibilities to the area shown shaded blue and lying southerly of an easterly projection of said parcels (A) north boundry line. CC 2. OWNERS and future owners hereby agree to comply with the following terms and conditions: a. To equally participate in the improvement, maintenance and repair of said driveways. b. Prohibit all parking on the common access portions. c. Agree, jointly and individually, to reimburse the CITY of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the CITY for, and hold the CITY harmless from, all final judgments against the CITY for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. d. OWNERS understand that the CITY cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to defend and hold the CITY harmless from all claims for damages or liability arising from the alleged failure of the CITY to regulate vehicles or to provide protection hazards upon said driveway. e. Repair any portion of said driveway that is damaged through the intention or negligent acts of said party, or parties, or his or their licenses and invitees. 3. It is understood and agreed hereto that should the CITY accept t sion of Rosita Street, (shown shaded in the City Street System, that this terminate as applied to said section tance by the City. -2- by and between the parties ie dedication of the exten- in blue on the attached map), agreement will cease and of roadway upon said accep- --1 4. Parties agree -that these easements are superior and paramount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. DATE: ATTEST: OWNERS: Walter F. Ross l C ftr�� 6c�4/ Saily A/ Ross Richard W. Ross HArriet Ross , G . War Eloise T. Warren SAN LUIS OBISPO yor APPROVED AS TO CONTENT: C,i City Administrative Off? Approved as to form: WENDT, MITCHELL, SIN HEIMER, Community De elopmen irector de la MOTTE 6 LILLEY City Attorney /11 e • � By Allen Crimes -3- �f Y�V V( }aa� {r {Marl j a.rw,.•ae JI ywr+.•.rar• , 1 f• 1..N� 4 ., J•�rL...aJ A . •� _'_ _._� .. ,, .... ... � - ......3E : • 1' • ' . 1 >s. � 1 1 , { i- --- - -. •. _ .11111 ( j I/ > - -- - - - - -__ I �l 77 -- Vj f' 1 j— � � \\\•••��,-�.l i { r _ �� _ , j � •.. � ¢' ` it .� .'• iP rl) b 1 r t � M w r1 I,� 3 I i 1 L i C E R T I F C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed Agreement Creating by the Fac m r n for Cnrrtnnn nrivpumvdated July 3 s 19_ZL, from Walter F. Ross,. Sally A. Ross, Richard W. Ross, Harriet Ross, and G1vnn J. Warren and Eloise T. Warren to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: July 19, 1978 ATTEST: J.11i�/FYitzpatrick, City Clerk OF SAN LUIS OBISPO By s 1;ia 31)RIY001=t6] 3616 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO- 78 -09, LOCATED AT 150 CERRO ROMAULDO, (Walter Ross, Applicant). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map No. SLO -78 -09 as contained in Resolution No. 3571 (1978 Series). SECTION 2. This Council now grants final approval of Parcel Map No. SLO -78 -09 (Walter Ross, applicant) and authorizes the Mayor to sign the agree- ment. On motion of Councilman Jorgensen , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this ATTEST: �� Cj Uei' J. H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney by Allen Grimes day of July , 1978. Approved as to content: City Administratf%p, Officer C"itty��ngineer AGREEMENT THIS AGREEMENT, dated this 19th day of July 19 78 , by and bet%,een Walter Ross herein referred to as "Subdivider ", and'the CITY OF SAN LUIS OBISPO, herein referred to as the "CitvII P, I T N E S S E T[[ .: REFERENCE IS HEREBY ?LADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of:rhich is shown on final Parcel Map SLO 78 -09, located at 150 Cerro Romauldo City of San Luis Obispo, California ", as approved by the City Council, on the 18thday of July ,19 78 WHEREAS, the Subdivider desires that said Parcel 1fap SLO 78 -09 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Sub - divider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. .A'ATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES S. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has prop- erly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY 6 ALL OT11ER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be establshed by the Subdivider in accordance with said approved plats and specifications. 0 The Subdivider agrees that the work of instailinz,.the above improvements shall begin within thirty X30) days from the date of recording of the final :rap, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has hecn granted by the City- Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. . The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Commission and /or the City Council. 1. The developer shall pay to the city the sum of $300.00 which is based upon the following formula ($150.00 per lot x 2 lots). This fee is in -lieu of Parkland dedication. 2. The developer shall install a stop sign at Cerro Romauldo and Rosita. 3. The developer shall install no parking signs per city fire depart- ment. 4. the developer shall repair the improvements on Cerro Romauldo to the satisfaction of the city public services director. 5. The developer shall plant 7 trees in the street tree easement along Cerro Romauldo and Rosita. 6. The developer shall pay to the city the sum of $583.37 for water acreage fees. (.5452 x 1070 = $583.36). As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office., Department of Interior, Washington, D.C. -2- ( The Subdivider here ,y attaches hereto, and as an in1 ral part hereof, and as security for the performance of this agreement, (instrument of credit/bond) annfoved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $ 10,000.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship•wr materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 100 of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 500 of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $ 300.00 , from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $ 300.00 , the difference is to be paid by the City of San Luis Obispo. The City reserves the sole discretion in determining -3- the amounts to be paid for salary and expenses or said inspector or insnectors. Article 9, Chapter I of the San Luis Obispo !Municipal Code, entitled "Subdivision ", - All plans and specifications on Pilo with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpre-t'ing and defining the obligations-of the Subdivider under this agreement.. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: 19th day of July 1978 Approved as to form k ty Attorney 19th _ _day of Jul 1978 City Engine r - 4 - Attest; er ' Cify'Clk J.H. Fitzpatrick H 2 m C n o� xD 0.0 s; pn�r 0 low oa L Iny n a ny� � on ivm n nn ale nm° zn? �?oA a [m-Il xfn r Y,gne 0,1 "T w \ra F K Z e r 1p20' t--m n �,Dml 0�j ea ±m j 'EE c i.. 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OOT +m "s " s e' 0 1; •_ n �a °n-.g ' �nao) n n D ^T � ?Jne.1 I nv � F T 3em r. �vo m`no.p ten' = '•."< ° s i �.•c .m .v a < °n m m c•i 1°n O9n Y -6 y \%� n s „ OT s •nc i +� p• uno o S•-n x ; omr�.T`e^ sJaoTTm �nse C"n6ne unnpn Cm n6�On o-n vn nm nTm TJaL an ^c ? a a nuni C�'O "Dm n "jQV Opnm m •p•Lio.pn Vj6n OnO M19J(nn 0 O n�n:n on vov mvac onnmoo i � •G ~V n•(n •< n6 OpTY Vm Op 0 0 060 YY "•m 6n n.0i00 nnn:v'- •o�ouo•no <iio� J�O Vn J'e�m pOO p'n "'06•�Tn ni _tl jmn uu e.°.J mm� °noJ1 m np won 6 n] Y p6 q m • vas nncav e'en m °�� is E.maom "o Ta ,'.Zpv •`n � m� a ra a Y- s e n J n n m m p t o a l u a a ^w 6i OLOn�K fle tn•1 K nI R '. °^.�e�.n •pnr. mTO."i:r n 8 8.10 • n n .Tn p yn n n J ep osap� •m nnn p •w ones >; •� �u cn • v m n � '� n v •� n n O • O V n n Y A Y .. °.o i•v AziaK S o^� vo v x p00 n ^K'-fn mJn K nn w{ P" non O nm6n n pn�r 8gz > :D oz a Fn Y,gne 0,1 "T S a ClavoG � =�0y0 Rnn.Op 9K O1V n.0 '-1 C 00 r0 ILn c3 Y N )NWmnm Z,v ��n o: �Jee;. u N mp. rsJ'•` AaogmnD D_ m� D ` m -Z ,m -DZ °p sin x sp •- 79ymYN mm •oO °n:>•so7 C1 ? :!E' am w �peon� m {�n 8 0..` •a om y ate( °° n�MY = ?o 4ii$,'Z7 zon—i n °o '< w Sm•e K • ^.naam mpym K n ngnyY J Oil 2 n ••. n• S 'c I m O i m 9 cO YnO m-O.� �w9 � J L nOn 'C OCJim Z �•n.p� mYa1='I K ozma ^�• n nen • .O n i pn w /• •Si J z a`e•. OOT +m "s " s 1; •_ �a °n-.g anco r �nao) n n ^T � ?Jne.1 I nv � F T 3em �vo m`no.p ten' = '•."< ° s i �.•c .m .v < °n m m c•i 1°n O9n Y -6 y \%� n s „ OT .• • p n u6N9 Y ° •;�6J D Y �e H NJ J•"n Iv m I b n•Y7 Y' oaC,.0 J�YO GiO,� nn n OOt•<O ^'n^ 60 Or n u�0 ^C nn eio <n 0 ^n pn �1 gCynu Gn O �nK' A Oi"'1 NK ^u nyn p 9 �f oK � n O 1 •C � n n m ` m s •nc i +� p• uno o S•-n x ; omr�.T`e^ sJaoTTm �nse C"n6ne unnpn Cm n6�On o-n vn nm nTm TJaL an ^c ? a a nuni C�'O "Dm n "jQV Opnm m •p•Lio.pn Vj6n OnO M19J(nn 0 O n�n:n on vov mvac onnmoo i � •G ~V n•(n •< n6 OpTY Vm Op 0 0 060 YY "•m 6n n.0i00 nnn:v'- •o�ouo•no <iio� J�O Vn J'e�m pOO p'n "'06•�Tn ni _tl jmn uu e.°.J mm� °noJ1 m np won 6 n] Y p6 q m • vas nncav e'en m °�� is E.maom "o Ta ,'.Zpv •`n � m� a ra a Y- s e n J n n m m p t o a l u a a ^w 6i OLOn�K fle tn•1 K nI R '. °^.�e�.n •pnr. mTO."i:r n 8 8.10 • n n .Tn p yn n n J ep osap� •m nnn p •w ones >; •� �u cn • v m n � '� n v •� n n O • O V n n Y A Y .. °.o i•v AziaK S o^� vo v x p00 n ^K'-fn mJn K nn w{ P" non O nm6n n RESOLUTION NO. 3615 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING FUNDS FROM 1976 STATE.BOND ACT, ORIGINALLY REQUESTED FOR PHASE III,.SINSHEIMER.PARK DEVELOPMENT, BE REVERTED AND REAPPROPRIATED.FOR A DIFFERENT PROJECT, LIGHTING SINSHEIMER SOFTBALL FIELD WHEREAS, the people of the State of California have enacted the Nejedly -Hart State, Urban.and.Coastal Park Bond Act of 1976, which provides funds to the State of California.and its political subdivisions for acquiring lands and for developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Depart- ment of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to-the state; and WHEREAS, said.applications contain assurances that the applicant must comply with; and WHEREAS, said procedures further require the applicant to possess an adopted plan showing parks and recreation lands and facilities, existing and proposed; and WHEREAS, the City's General Plan was first adopted by the City Council in January, 1977; and WHEREAS, the people of the State of California have enacted legislation known as Proposition 13; and WHEREAS, the State Department of Parks and Recreation recognizes that Proposition 13 has changed planned recreation development priorities in many of the State's political subdivisions; and WHEREAS, the re- prioritized project appears on the .City's adopted.park master plan, is consistent with the California Outdoor Recreation Resources Plan, and is in conformity with the State Environmental Goals and Policy Report; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; R 3615 G RESOLUTION NO:. 3615 hereby: (1978 Series) NOW, THEREFORE, BE IT RESOLVED that the City Council 1. Approves the.request that funds originally requested from 1976 State Bond Act for Phase III, Sinsheimer Park Development, be reverted. 2.. Approves the filing.of an application for 1976 State Bond Act assistance with funds,reappropriated for a different project, Lighting Sinsheimer. Softball .Field; and 3. Certifies that this application is only for re -use of previously approved project funds under the State Bond Act of 1976; and 4. Certifies that said agency understands the assurances in the application; and 5. Certifies that said agency has or will have sufficient funds to operate and maintain the project; and 6. Certifies that said agency meets the planning require - ments "and that the project is compatible.wkth the land use plans of those jurisdictions immediately surrounding the project; and 7. Appoints the Director of Parks and.Recreation.as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to appli- catio.n's,.agreements, amendments, payment requests, and so on which.may be necessary for the completion of the project. ON MOTION OF Councilman Jorgensen , SECONDED BY Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES. None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of July, 1978. 1 ayor, City bf San Luis Obispo RESOLUTION NO: 3615 ATTEST: i J.H. Fitzpatrick Approved as to form: City Attorney By Allen Grimes 0 (1978 Series) Approved as to content: City Administrative fficer Dire to of Parks & Recreation follows: • C RESOLUTION No. 3614 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS'OBISPO ESTABLISHING SALARIES.FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS SALARY RESOLUTIONS IN CONFLICT. BE IT RESOLVED by the Council of the City of San Luis Obispo as 1. The following classifications shall be placed in a management pay plan. A broad salary range of $1800 -$2400 per month shall be established for the fiscal year 1978 -79. The Administrative Officer with the approval of the Council shall determine at what point in this range each of the following classes shall be placed. Salary levels shall be set to encourage good performance and to reward achievement. The following rates are established for fiscal year 1978 -79: CLASSIFICATION City Engineer Director of Community Development Director of Parks & Recreation Director of Public Services Finance Director Fire Chief Personnel Director Police Chief MONTHLY SALARY RATE $2000 2280 1800 2376 2000 2226 1900 2400 Persons assigned to the classes listed above shall be paid an additional one percent for the first ten years of continuous full -time service with the city, and one percent for each subsequent five years, calculated to the nearest two dollars per month. 2. The following council appointees shall be paid at the rates listed: CLASSIFICATION City Administrative Officer City Clerk MONTHLY SALARY RATE $3174 2826 R 3614 Resolution No. 3614 0 (1978 Series) 3. Employees in the above classifications (sections 1 and 2) shall be allowed to participate in the city's deferred compensation plan. 4. The above salary rates shall take effect on July 1, 1978, provided a court of last resort holds invalid the legislature's conditional allocation of surplus funds. If the state gives its employees an.across -the- board percentage salary increase effective between July 1, 1978 and June 30, 1979, those employees covered by this resolution shall receive the same percentage increase as of the same date provided all restrictions are lifted. If the freeze or restrictions are otherwise lifted, the above rates shall take effect starting the first pay period following the effective date of the lifting of such restrictions. On motion of Councilman Jorgensen, seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT.: None the foregoing resolution was passed and ATTEST:. Citff'Clerk Z. H. Fitzpatrick Approved as to form: t City Attorney Allen Grimes this 17th day of July, 1978. E. Approved as to content: City Administrative Of 'cer i RESOLUTION No. 3613 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACKNOWLEDGING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY EMPLOYEES' ASSOCIATION FOR 1978 -79. WHEREAS, representatives of City administration and of the City Employees' Association have participated in negotiations for salaries and benefits for the miscellaneous employees of the City; and WHEREAS, a Memorandum of Understanding has been executed by the City Administrative:Officer and the President of the City Employees' Association; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That certain document entitled "Memorandum of Understanding" for 1978 -79 between the City and the City Employees' Association, a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein, is approved in concept: effective July 1, 1978. Section 2. The Personnel Department, Finance Department and other appropriate departments of the City are directed to prepare the necessary documents required to implement the provisions of the Memorandum of Under- standing. On motion of Councilman Petterson , seconded by Councilman Jorgensen, and.on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST: C' erk J.H. Fitzpatrick 17th day of Jules_, 1978. Kenneth E. Schwartz R 3613 Resolution No. 3613 Approved as to form: WENDT, MITCHELL, SINSHEIMER. de la MOTTE & LI EY City Attorney By Allen Grimes U (1978 Series) Approved as to content: City Administrative 0 icer • C' MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION 1978 -79 � J MEMORANDUM OF ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No. 3405 of the City of San Luis Obispo, which Resolution is hereby incorporated by reference as if fully set forth herein, and has been executed by the Administrative Officer on behalf of Management officials of the City and by the San Luis Obispo City Employees' Association ( SLOCEA), on behalf of employees occupying the line item full -time employment position classifications set forth in Appendix A. B. City Council Approval It is the mutual understanding of all the parties hereto that this MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo.. C. Full Understanding, Modification and waiver The parties agree that each party has had full and unrestricted right and opportunity to make, advance and discuss all matters within the scope of representation as outlined in Section 7 of Resolution No. 3405. This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. D. Purpose The parties agree that the purpose of this MOU is to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by ZLOCEA. E. Recognition The San Luis Obispo City Employees' Association is hereby acknowledged as the majority representative for the regular and probationary employees occupying the position classifications set forth in Appendix A pursuant to Section 10A of Resolution No. 3405. F. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately '.commence to, in good faith, negotiate for the purpose of replacing any such invalid or illegal provision. ARTICLE II - DIRECT PAY FOR SERVICES A. Rules Governing Step Increases The rules governing step increases for employees covered by this agreement are included in the current Salary Resolution with the following modification: SLOCEA 7/78 2 Each department head shall be authorized periodically to re- evaluate employees at step 5. An employee who is not performing up to established job standards for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 -day period. If the employee's job performance does not improve to the desired level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. B. Wage Scales Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 958 of the next highest step, computed to the nearest two dollars. Step 4 = 958 of Step 5 Step 3 = 958 of Step 4 Step 2 = 958 of Step 3 Step 1 = 958 of Step 2 In order to establish step 5 of each successive salary range as being 2.638 above the next lower range, the adjusted salary ranges are listed in Appendix A and are to be effective July 16, 1978. Step 5 of range 1 shall be increased 4.718 above that salary listed in Appendix B with step 5 of each successively higher range becoming 2.638 above step 5 of the next lower salary range, rounded off to the nearest $2.00, effective July 1, 1978, in case a court of last resort holds invalid the legislature's conditional allocation of surplus funds. If the state gives its employees an across -the -board percentage salary increase effective between July 1, 1978 and June 30, 1979, those employees covered by this MOU shall receive the same percentage increase as of the same date provided all restrictions are lifted and such increase does not exceed 4.718. If the freeze or restrictions are otherwise lifted, employees covered herein shall receive the 4.718 increase starting the first pay.period following the effective date of theilifting of such restrictions. These ranges are listed in Appendix C. C. Next Year's Meet and Confer Sessions It is agreed that both parties to this MOU shall agree by March 1, 1979 on a list of public agencies whose salary and benefit data shall be used as a guide in deliberations in next year's Meet and Confer Sessions. Both parties shall also endeavor to agree on a list of benchmark classificaitons to be included in such a survey. D. All employees covered by this agreement are eli,gible.for overtime pay at time - and =one -half computed at their base rate for all hours worked in excess of forty (40) hours per week including holidays, vacation and sick leave except fok the following classes, except as otherwise provided in this article. Accountant Administrative Assistant /Public Services Building and Parks Maintenance Superintendent Building Inspector Chief Building Inspector Engineering Associate Parks Maintenance Supervisor SLOCEA 7/78 Plan Check Engin �l Planning Assistant Recreation Supervisor Senior Planner Street Superintendent Supervisory Heavy Equipment Mechanic Utilities Engineer /Superintendent Utilities Maintenance Supervisor Utility Plant Supervisor Water Supply Supervisor Each department head may gran;: employees in these claz+sifications occasional compensating time off (CTO) not exceeding one regularly scheduled work day at a time, however, in no case shall more than one CTO day be combined with any use of vacation leave. There shall be no formal accounting of or cash payoff at termination for such CTO. 2. All overtime shall be authorized in writing by the department head prior to being compensated. 3. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. E. Emergency Call Back Off -duty employees called to respond to an emergency shall receive either four hours payment at straight time or the actual time worked at time - and - one -half, whichever is greater. F. Standby Employees on one -week standby shall receive five (5) hours pay at time - and - one -half. Employees on standby for shorter periods shall receive one (1) hour of pay at.time =. and - one -half for each 24 hour period, rounded to the nearest 24 hours. Each standby employee shall receive an additional four (4) hours pay at straight time or one half -day compensating time off for each holiday listed in Article III D employee..is on standby. If the standby employee is called out, time worked shall be paid at time- and - one -half calculated to the nearest quarter hour. G. Non - Emergency Pre - Planned Call Back 91 Employees in the Utilities Division working emergency pre - planned call back involving work in excess of forty (40) hours a week including holidays, vacation, and sick leave between 6:00 PM and 7:00 AM, shall be paid a minimum of four (4) hours at time -and- one -half. H. Longevity Each employee shall be paid an additional one percent (18) of his base salary step following ten years of continuous full -time service with the City. An additional one percent (1 %) of base salary will be added for each subsequent five year period, calculated to the nearest two dollars ($2.00). In the event an employee receiving longevity pay is not performing up to the established standards set for the job, the department head.with the concurrence of the City Administrative Officer, may suspend payment of the longevity pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the City SLOCEA Administrative Officer. 7/78 The department head s711 notify the employee in writi'� //that he intends to suspend 4 the longevity pay unles§ the employee's job performance'-Smproves significantly within a 60 -day period. If the employee's job performance does not improve to the desired level by the end of 60 days, the pay reduction shall then become effective. Longevity pay may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove longevity pay during the same fiscal year, he may make the change at any time with three business days written notice. Paragraphs 2 and 3 of this section shall only take effect upon the granting of salary increases as outlined in Article IIB of this MOU. I. Work Out Of Grade Employees temporarily assigned to work in a higher classification shall receive one step additional pay but in no case more than the top step for the higher classification under the following conditions: 1. The assignment exceeds ten consecutive work days, in which case the step increase becomes effective on the eleventh work day. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending: ARTICLE III - FRINGE BENEFITS A. Health Insurance The City agrees to contribute $`92.'00 per month for all employees covered by this MOU to be spent, first, on employee coverage under the Pacific Mutual medical insurance group or a licensed health maintenance organization, and second, on dependent coverage, or on City- approved health or disability plans. jI B. Retirement The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendment permitting conversion of unused sick leave to additional retirement credit and the 1959 survivor's benefit. C. Vacation Leave Vacation leave is governed by section 2708.7 of the municipal code. Vacation leave shall be accrued as earned each payroll period up to a maximum of 25 days. D. Holidays The following days of each year are designated as paid holidays: January 1 - New Year's Day February 12 - Lincoln's Birthday Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 - Admissions Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving SLOCEA December 25 - Christmas 7/78 State.Election Day 5 Federal Election Day When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on Sunday, the following Monday shall be observed. Employees working on a holiday shall be paid on a straight time basis if the total holiday hours and hours worked that week do not exceed 40 hours. E. Sick Leave Sick leave is governed by section 2708.5 of the municipal code. An employee may take up to 3 days per year of sick leave if required to be away from the job to personally care for a member of their immediate family as defined in.section 2708.5. Upon termination of employment by death or retirement, a percentage of the dollar value of the employees' 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 of PERS benefits: (1) After ten years of continuous employment- 10% (2) After twenty years of continuous employment - 15% F. Workers Compensation Leave Any employee who is absent from duty because of on- the -job injury in accordance with state workers compensation law and is not eligible for disability payments under labor code section 4850 shall be paid the difference between his base salary and the amount provided by workers compensation law during the first 30 business days of such disability absence. G. Uniform Allowance 1. The Secretaries and Clerk Typists in the Police Department shall receive an annual uniform allowance which equals 25% of the monthly fifth step for Secretary III rounded off to the nearest $2.00, this dollar amount being $248. 2. The Secretary in the Fire Department required to wear a uniform at all times shall receive an annual uniform allowance which equals 15% of the monthly fifth,step for Secretary III. The Secretary in that department only required to wear a uniform on an occasional basis, shall receive an allowance which equals 3% of the monthly fifth step for Secretary III. Both rates shall be rounded off to the nearest $2.00 and paid quarterly, these dollar amounts being $150 and $30 respectively. 3. This allowance shall not be paid for any employee who is off duty due to a job related injury at the start of any calendar quarter. If the employee returns to work during that quarter, his/her uniform allowance will be prorated. SLOCEA 7/78 • C 4. All other employees required to wear City uniforms shall be _ — provided three clean uniforms a week. A uniform"-includes includes either . one shirt and pants combinatio or one p n air of coveralls. The Personnel Director shall authorize any modification in the current number and type of uniforms provided. 5. Uniforms and work shoes shall only be used on City business. H. Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Human Relations Assistant (Administration); Property and Procurement Officer (Finance); Planning Assistant, Planning Division, Plan Check Engineer, Building Regulation Division and Engineering Assistant, Engineering Division (Community Development); Senior Recreation Leader (Parks & Recreation); Administrative Assistant /Public Services (Public Services); Building & Parks Maintenance Superintendent Parks Division, Utilities Engir_eer:Stiperintendent, Utilities Division and Street Superintendent, Street Division (Public Services). 1. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispq, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of one -half step above the base salary for possession of an A.A. or equivalent degree from an accredited community or junior college; and one full step for a B.A. or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed one step. 2. Job Related Fields. Degrees must be either in directly job related fields or include at least.30,semester units leading toward the appropriate degree with a grade of. "C" or better. 6 3. Application and Approval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the Administrative Officer shall be required. 4. Unsatisfactory Performance. In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the department head with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the Administrative Officer. 5. Non - Applicability. It is the City's intention not to pay the educational incentive for any degree which is required or listed as a desired qualification for the position held by the employee. Educational incentives shall not be paid for education received on City time. The educational incentive will be removed if the employee is promoted to a position which does not entitle employees to such incentives. SLOCEA 7/78 � 7 6. Tuition and Books. If an employee holds position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with a grade of "C" or-better. 7. Confidential Employees. Employees filling those positions defined in Appendix A as "confidential" shall be eligible for both educational incentive benefits listed in paragraphs 1 and 6 above. I. Management Benefit Employees filling those positions defined in Appendix A as "management" shall receive $25,000 term life insurance and a long -term disability insurance plan for recognition of their management responsibilities and ineligibility for either overtime pay or educational incentive pay for possession of academic degrees. J. Class 71" Physicals The City will pay for costs for physical exams not covered by city insurance policies required for those employees required to hold valid Class "1" California drivers licenses. This includes the Heavy Equipment Operators and one Mechanic in the Public Services Department. ARTICLE IV - SPECIAL PROVISIONS A. "Y" Rating An employee who is not performing up to established job standards may by "Y" rated, freezing his salary until such time as there is an improved job performance. The department head shall give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated employee would receive nether step increases nor salary increases granted by the City Council in an MOU. The "Y" rating procedure shall not result (tth"en or later) in the employee being frozen below the next lower step of the new range. B. Payday Employees shall be paid the first and sixteenth of each month. When a regular payday falls on a Saturday or Sunday, employees will be paid on the preceding Friday whenever possible. C. Paychecks Prior to Vacation If an-employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. D. Alternate Work Schedules Committee An ad -hoc committee shall be appointed by the City Administrative Officer including a representative of the SLOCEA to study alternate work schedules including the 4/10 plan and present- their- findings- and- recoitmiendations -to- SLOCEA _the city Administrative Officer -by- April 1- -1979. 7/78 - - APPENDIX A Administration (1) Administrative Secretary ** (1) Administrative Services Clerk (1) Clerk Typist II (1) Legal Secretary ** (1) Secretary II (2) Secretary III ** (1) Human Relations Assistant Community Development (2) Building Inspector (1) Chief Building Inspector (1) Clerk Typist II (4) Engineering Assistant (2) Engineering Associate (3) Engineering Technician (1) Plan Check Engineer (3) Planning Assistant (2) Planning Technician (2) Secretary II (1) Secretary III (2) Senior Planner (1) Staff Writer Finance (1) Accountant * (2) Account Clerk I (3) Account Clerk II (1) Accounting Technician (1) Secretary III Fire (1) Secretary II (1) Secretary III Police (3) Clerk Typist II (1) Janitor (1) Secretary II (1) Secretary III Public Services (1) Administrative Assistant /Public Services * (1) Building and Parks Maintenance Superintendent U) Building Maintenance Leader SLOCEA 7/78 Public Services (continued) (2) Grounds:worker I (5) Grounds.. worker II (2) Heavy Equipment Mechanic (4) Heavy Equipment Operator (3) Janitor (1) Painter (1) Parking Meter Repairer (1) Parks Maintenance Supervisor (4) Parks Maintenance Worker (1) Public Works Inspector (1) Secretary III (2) Street Maintenance Leader (7) Street Maintenance Worker II (2) Street Painter (1) Street Superintendent* (1) Supervisory Heavy Equipment Mechanic (1) Tree Maintenance Worker I (1) Tree Maintenance Worker II (1) Utilities Engineer/Superintendent* (2) Utilities Maintenance Leader (1) Utilities Maintenance Supervisor (5) Utilities Maintenance Worker II (6) Utility Plant Operator I (2) Utility Plant Operator II (2) Utility Plant Supervisor (1) Water Meter Reader (2) Water Meter Repairer (3) Water Supply Operator I (1) Water Supply Operator II Recreation (2) Recreation Supervisor (1) Secretary III ** Confidential Employees * Management Employees SLOCEA 7/78 C� SALARY STEP 1. STEP 2 STEP 3 STEP 4 STEP 5 RANGE 01 628.00 660.00 694.00 73 0. 00 768.00 02 640.00 674.00 710000 748.00 788.00 03 660.00 694.00 730.00 768.00 808.06 04 674.00 710. CO 748.00 788.00 830.00 05 696.00 732.00 770800 810.00 852.00 06 710.00 748.00 788.00 830.00 874.00 07 732.00 770. 00 810. CO 852.00 896.00 08 748.00 788.00 830.00, 874.00 920.00 09 770.00 810.00 852.00 896.00 944.00 10 788.00 830.00 874.00 920.00 968.00 11 810.00 852.00 896.00: 944.00 994.00 12 832.00 876.00 922.00 970.00 1020.00 13 852.00 896.00 944.00 994.00 1046.00 14 876.00 922.00 970.00 1020.00 1074.00 15 896.00 944.00 994.00 104600 1102.00 16 922.00 970.00 1020.00 1074.00 1130.00 17 944.00 994.00 1046.00. 1102.00 1160.00 18 976.00 1020.00 1074.00 11300*00 1190.00 19 994.00 1046.00 1102.00 1160.00 1222.00 20 1022:00 1076.00 1132.00 1192.00 1254.00 21 1046.00 1102.00 1160.00 1222.00 1286.00 .22 1076.00 1132.00 .1192.06 .1254.00. 1320.00 23 1102.00 .1160.00 1222.00 1286.00 1354.00 24 1132.00 1192.00 1254.00 1320.00 1390.00 25 1160.00 1222.00 1286.00 1354.00' 1426.00 26 1.192.00 1254 :00 1320.00 1390.00 1464.00 27 1222.00 1286.00 1354.00 1426.00 1502.00 28 1254.00 13200-00 1390:00' 1464.00 1542.00 29 1286.00 1354.00 1426.00 1502.00 1582.00 30 132.0.00 1390.00 1464.00 1542.00 162.4.00 31 1354.00 1426.00 1502.00. 1582.00 1666.00. 32 1390.00 1464.00 1542.00 1624.00 1710.00 33- 1426.00 1502.00 1582.00 1666.00 .1754.00 34 1464.00. 1542100 1624.00 1710.00 1800.00 35 1504. CO 1584. 00 1668.00 1756.00 1848. CO 36 1544.00 1626.00 1712.00 1862.06' 1896.06 37 1584.00 1668.00 1756.00 1848.00. 1946.00 38 1628.00 1714.00 1804.60 1898.00 1998.00 39 1670.00 1758.00 1850.00 1948.00 2050.00 40 1714.00 1804.00 1698.00 1998.00 2104.00 41 1760.00 1852.00 1950.00 2052.00 2160.00 42 1806.00 1900.00 2000.00: 2106.00 2216.00 43 1852.00 1950.00 2052.00 2160.60 2274.00. 44 1902.00 2002.00 2108.00 2218.00 2334.00 45 1952.00 2054.00 2162.00' 2276.00 2396.00 46 2004.00 2110.00 2222.00 2338.00 2460000 47 2056.00 2164.00 2278.00 2398.00 2524.00 48 2110.00 2222.00 2338.00 2460.00 2590.00 49 2166.00 2280.00 2400.06 2526.00 2658.00 APPENDIX C SALARY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 01 656.00 690.00 726.00 764.00 804.00 02 670.00 706.00 744.00 784.00 826.00 03 692.00 728.00 766.00 806.00 848.00 04 706.00 744.00 784.00 826.00 870.00 05 728.00 766.00 806.00 848.00 892.00 06 744.00 784.00 826.00 870.00 916.00 07 768.00 808.00 850.00 894.00 940.00 08 784.00 876.00 870. CC 916.00 964.00 09 808.00 850.00 894.00 940.00 990.00 10 828.00 872.00 918.00 966.00 1016.00 11 850.00 894.00 940.00 990.00 1042.00 12 872.00 918.00 966.00 1016.00 1070.00 13 894.00 942.00 992.00 1044.00 1098.00 14 918.00 966.00 1016.00 1070.00 1126.00 15 942.00 992.00 1044.00 1098.00 1156.00 16 966.00 1016.00 1070.00 1126.00 1186.00 17 994.00 1046.00 1100.00 1158.00 1218.00 18 1018.00 1072.00 1128.00 1188.00 1250.00 19 1046.00 1100.00 1158.00 1218.00 1282.00 20 1072.00 1128.00 1188.00 1250.00 1316.00 21 1100.00 1158.00 1218.00 1282.00 1350.00 22 1128.00 1188.00 1250.00 1316.00 1386.00 23 1158.00 1218.00 1282.00 1350.00 1422.00 24 1190.00 1252.00 1318.00 1388.00 1460.00 25 1220.00 1284.00 1352.00 1424.00 1498.00 26 1252.00 1318.00 1388.00 1462.00 1538.00 27 1286.00 1354.00 1426.00 1500.00 1578.00 28 1320.00 1390.00 1464.00 1540.00 1620.00 29 1354.00 1426.00 1500.00 1578.00 1662.00 30 1390.00 1464.00 1540.00 1620.00 1706.nO 31 1426.00 1500.00 1578.00 1662.00 1750.00 32 1464.00 1540.00 1620.00 1706.00 1796.00 33 1502.00 1580.00 1664.00 1752.00 1844.00 34 1540.00 1622.00 1708.00 1798.00 1892.00 35 1580.00 1664.00 1752.00 1844.00 1942.00 36 1624.00 1710.00 1800.00 1894. CC 1994. CO 37 1666.00 1754.00 1846.00 1944.00 2046.00 38 1712.00 1802.00 1896.00 1996.00 2100.00 39 1756.00 1848.00 1946.00 2048.00 2156.00 40 1802.00 1896.00 1996.00 2102.00 2212.00 41 1848.00 1946.00 2048.00 2156.00 2270.00 42 1898.00 1998.00 2104.CO 2214.00 2330.CO 43 1948.00 2050.00 2158.00 2272.00 2392.00 44 2000.00 2106.00 2216.00 2332.00 2454.00 45 2050.00 2158.00 2272.00 2392.00 2518.00 46 2106.00 2216.00 2332.00 2454.00 2584.00 47 2160.00 2274.00 2394.00 2520.00 2652.00 48 2218.00 2334.00 2456.00 2586.00 2722.00 49 2276.00 2396.00 2522.00 2654.00 2794.00 "1 The undersigned parties have caused this Memorandum of Understanding to be executed this 14th day of J uIT, 1978. San Luis Obispo City Employees' Association by: A, - Presidyht, SLOCEA APPROVED AS TO YORM City Attorney SLOCEA 7/78 City Administration by: City Administrati Officer APPROVED AS TO CONTENT: "e, , /- Personnel Directo C) s RESOLUTION No. 3612 (1978 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF INTENTION TO ADOPT A WAGE AND FRINGE BENEFIT PACKAGE FOR.CERTAIN FIREFIGHTER ASSOCIATION PERSONNEL WITHOUT A FORMAL MEMORANDUM OF UNDERSTANDING. WHEREAS, City and Firefighter Association representatives have been meeting regularly for the past several weeks in an attempt to agree upon a Memorandum of Understanding concerning a wage and fringe benefit package for certain Firefighter Association Personnel for the year 1978 -79, all to no avail; and WHEREAS, on June 26, 1978, this Council adopted Resolution No. 3599 giving notice.of its:intention to adopt a resolution establishing wages and fringe benefits for Firefighter Association Personnel without first entering into a formal.Memorandum of Understanding; and WHEREAS, this Council has held a public hearing concerning the adoption of wage and fringe benefits without a formal Memorandum of Understanding; WHEREAS, the Council at its July 11 meeting granted negotiations until July 14 to meet and confer on a fringe benefit package, to no avail; and WHEREAS, this Council.finds it in the interest of the public and of Fire Department Personnel themselves to establish such wages and benefits no later than August l; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Pursuant to the provisions of Section 9 of the Employer - Employee Relations Resolution (No. 3405), the Council hereby gives notice that it intends at its meeting of August 1, 1978 to adopt a resolution establishing wages and fringe benefits for certain Firefighter Association Personnel for the year 1978 -79 R 3612 Resolution No. 3612 (1978 Series) without first entering into a formal Memorandum of Understanding. Said wage and fringe benefit package is proposed as set forth in Exhibit "A ", attached hereto and incorporated herein. Wherever Exhibit "A" refers to memorandum of understanding, it shall mean a statement of Council action to grant such benefits unilaterally. on motion of Councilman Jorgensen, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST,'. Cit erk'�-I- H. Fitzpatrick Approved as to form: City Attorney Allen Grimes Approved as to content City Administrative fficer Itr+ le Lao.— personnel Directo 0 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING Between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO FIREFIGHTER'S ASSOCIATION It �,,AEMORANDUM OF UNDERSTANDING 0 ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No. 3405 of the City of San Luis Obispo, which Resolution is hereby incorporated by reference as if fully set forth herein, and has been executed by the Administrative Officer on behalf of Management officifls of the City and by the San Luis Obispo Firefighter's Association (SLOFA) on behalf of employees occupying the,line item full -time employment position classifications set forth.in Appendix A. B. City Council Approval It is the mutual understanding of all the parties hereto that this MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and Waiver The parties agree that each party has had full "and unrestricted right and opportunity to make, advance and discuss all matters within the scope of representation as outlined in Section 7 of Resolution No. 3405. This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. D. Purpose The parties agree that the purpose of this MOU is to .promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters " within the scope of representation for employees represented by SLOFA. E. Recognition The San Luis Obispo Firefighter's Association is hereby acknowledged as the majority representative for the regular and probationary employees occupying the position classifications set forth in Appendix A pursuant to Section 10A of Resolution No. 3405. F. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to, in good faith, negotiate for the purpose of replacing any such invalid or illegal provision. ARTICLE II - DIRECT PAY FOR SERVICES A." Rules Governing Step Increases The rules governing step increases for employees covered by this MOU are included in the current Salary Resolution with the following modification: The Fire Chief shall be authorized to re- evaluate employees who reach step 5 in their pay range The official title is "San Luis Obispo Firemen't Association." The term Fire- fighter's" is used in this MOU to be consistent with the City's position on Affirmative Action. S OFA after July.1, 19c' An employee who is not perfoiog up to standard for 2 the fifth.step shall De notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60.day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the Fire Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. B. Wage Scales Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest two dollars. Step 4.= 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 In order to establish step 5 of each successive salary range as being 2.63% above the next lower range, the adjusted salary ranges are listed in Appendix A and are to be effective July 16, 1978. Step 5 of range l shall be increased 4.68% above that salary listed in Appendix,B with step 5 of each successively higher range be- coming 2.63% above step 5 of the next lower salary range, rounded off to the nearest $2.00, effective July 1, 1978, in case a court of last resort holds invalid the legislature's conditional allocation of surplus funds. If the state gives.its employees an across - the -board .percentage salary increase effective between July 1, 1978 and June 30„ 1979, those employees covered by this MOU shall receive the same percentage increase as of the same date provided all restrictions are lifted and such increase does not exceed 4.68 %. If the freeze or restrictions are otherwise lifted, employees covered herein shall receive the 4.68% increase starting the first pay period following the effective date of the lifting of such restrictions. These ranges are listed in Appendix C. C. Next Year's Meet and Confer It is agreed that both parties to this MOU shall agree by December 31, 1978 on a list of public agencies whose salary and benefit data shall be used as a guide in next year's Meet and Confer sessions. D. Overtime 1. Firefighters, Fire Engineers, and Fire Captains shall receive overtime pay at straight time for non - emergency purposes when in excess of regularly scheduled shifts. 2. Fire Battalion Chiefs, the Fire Marshal and the Training Captain shall'not be eligible for overtime pay. However,.the Fire Chief may grant employees in these classifications occasional compensating time off (CTO). There shall be no formal accounting of or cash payoff at termination for such CTO. 3., Non -sworn personnel shall receive overtime pay at time - and - one -half for all hours worked in excess of forty (40) hours per week unless they elect to take compensating time off at straight time. SLOFA 7/78 0 c- 4. All overtime shall be authorized in writing by the Fire Chief-prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. E. Emergency Call Back Sworn personnel called back for emergencies involving actual firefighting shall be paid on a straight time basis with a four hour minimum guarantee. F. Fire Inspectors Firefighters or Fire Engineers may be assigned after competitive examination as Fire Inspectors. Fire Inspectors shall be paid at the Fire Engineer salary range. The Fire Chief may assign after. competitive examination one Fire Inspector/ Arson Investigator to be compensated, at the 28F salary range. These appointments shall be made.for an indefinite time period based on job performance and.aptitude. G. Training Officer The Fire Chief may assign after competitive examination one Fire Captain as Training Officer based on job performance and aptitude for the position for an indefinite period of time. The selection process for this position will be determined jointly by the Fire Chief and the Personnel Director. The Training Officer shall receive one step (5.26*) for the duration of such appointment. H. Mutual Aid "Combat Type" Employees assigned to mutual aid "combat type" situations and who are actually engaged in such situations (not merely standby or acting as back up) shall be paid an extra half hour's pay for each hour worked even though they are working as part of their regular work schedule. I. Standby Employees below the rank of Fire Marshal on standby shall be.compensated one hour's pay for each eight hour incident with a minimum of two hours straight time pay for each assigned standby period.. SLOFA 7/78 C� r J. Work Out Of Grade ' Employees temporarily assigned to work in a higher classification will receive one step additional pay but in not case more than the top step for the higher classification under the following conditions: 1. The assignment exceeds.ten consecutive work days, or 5 consecutive shifts for all shift employees, in which case the step increase becomes effective on the eleventh work day or the 6th shift. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending.. ARTICLE III - FRINGE BENEFITS A. Health Insurance _The City agree to contribute $y0.00 per month for all employees covered by this agreement to be spent, first, on employee coverage under the Pacific Mutual medical insurance group plan or a licensed health maintenance organization and, second,.on dependent coverage or on City- approved health or disability plans: B. Retirement The City agrees to provide the Public Employees' Retirement System's � at age 55 plan to all sworn personnel and the 2%.at age 60 plan to all non -sworn personnel. The � at age 55 plan includes two amendments, namely, beneficiary's half -pay continuance and conversion of unused sick leave to additional retirement credit. C. Vacation Leave Vacation leave is governed by Section 2708.7 of the municipal code. Effective July 1, 1979, there will be no accrual of vacation leave to employees with 25 accrued days or the shift equivalent of 280 hours.. D. Holidays The following days of each year are designated at paid holidays: January 1 - New Year's Day February 12 - Lincoln's Birthday Third Monday In February - Washington's Birthday Last Monday In May - Memorial Day July 4 - Independence Day First Monday in September - .Labor Day September 9 - Admission Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas State Election Day Federal Election Day SLOFA 7/78 v 5 When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday,, the following Monday shall be observed. All employees on shift duty shall receive 11.2 hours holiday leave per month. Subject to the prior approval of the Fire Chief or his designated representative, each employee has the option of taking this time off during the calendar quarter in which it is earned or being paid at straight time for any unused holiday leave, to be disbursed at the end of each calendar quarter. Employees are responsible for scheduling such time off in advance. E. Sick Leave Sick leave is governed by section 2708.5 of the municipal code. Upon termination of employment by death or retirement, a percentage of.the dollar value of the employees' 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 of PERS benefits 1) After ten years of continuous employment - 10% 2) After twenty years of continuous employment - 15% F. Workers Compensation Leave Any employee who is absent from duty because of on- the -job- injury in accordance with state workers compensation law and is not eligible for disability payments under labor code section 4850 shall.be paid the difference between his base salary and the amount provided by workers compensation law during the first 30 da s of such di.�ab ;lit absence. The only position currently eligible for this benefit ist o Fire Vehicle Mechanic. G. Uniform Allowance Each employee shall receive an annual allowance of $200, paid quarterly. This allowance shall not be paid for any employee who is off duty due to a job related injury at the start of any calendar quarter. If the employee returns to work during that quarter, his/her uniform allowance will be prorated. H. Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Fire Marshal. 1_ Basic Benefits. Educational incentive pay shall not start for 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 one -half step for possession of an A.A. or equivalent degree from an accredited community or junior college; and one full step for a B.A. or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed two half- steps. SLOFA 7/78 I J. C • 6 2. Job Related Fields and if not, at leas degree with a grade Degrees must be in directly job related fields t 30 semester units leading toward the appropriate of "C" of better must be included., 3. Application and Approval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head.and the Administrative Officer shall be required. 4. Unsatisfactory Performance. In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the department head with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the Administrative Officer. 5. Non - Applicability. It is the City's intention not to pay the educational incentive for any degree which is required or listed as a desired qualification for the position held by the employee. Educational incentives shall not be paid for education received on City time. The education incentive shall be removed if the employee is promoted to a position which does not entitle employees to such incentive. 6. Tuition and Books. It an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with a grade of "C" or better. Deferred Compensation The Battalion Chiefs and Fire Marshal shall be allowed to participate in the City's deferred compensation plan. Management Benefit Employees filling those positions defined in Appendix A as "Management" shall receive $25,000 term life insurance and a long -term disability insurance plan for recognition of their management responsibilities, ARTICLE IV - SPECIAL PROVISIONS A. "Y" Rating An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time as there is an improved job performance. The department head shall give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated employee would receive neither step increases nor salary increases granted by the City Council in an MOU or resolution. The "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. SLOFA 7/78 B. Payday Employees shall be paid the first and sixteenth of;each month. when a regular payday falls on a.Saturday or Sunday, employees will be paid on the preceding Friday whenever possible. C. Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. D. Work Week Employees working shifts shall work a.56-hour work week on a regularly scheduled basis. E. Shift Exchange The Fire Chief or his representative may authorize employees covered by this agreement to exchange shift assignments with other department employees of equal rank or qualifications for the position. F. Vacation Exchange The Fire Chief or his representative may authorize employees covered by this agreement to exchange vacation leave with other department employees of equal rank or qualifications for the position. G. Early Relief The Fire Chief,or his representative may authorize employees covered by this agreement to relieve another department employee of.equal rank or qualifications for the position prior to the end of the scheduled shift. r6 0 APPENDIX A (3) Fire Battalion Chief (10) Fire Captain (10) Fire Engineer (15) Firefighter (1) Fire Marshal /Battalion Chief (1) Fire Vehicle Mechanic *Management employees • APPENDIX B Range Step 5 Amount 19 F 1,230. 20 F 1,262. 21 F 1,296. 22 F 1$30. 23 F 1,364. 24 F 1,400. 25 F 1,436. 26 F 1,474. 27 F 1,512. 28 F 1,552. 29 F 11592. 30F 1,634. 31 F 1,676. 32F 1,720. 33 F 1,766. • Fire APPENDIX C SAL,'-' -Y STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MANGE 1'iF 1648.00 1104.00 L162.00 1224.00 1288.00 2 O 1078.00 1134.00 1194.00 1256. U0 1322.00 217 1104.00 1162.00 1224.v'0 1288.00 1356.00 22F 1134.00 1194.00 1256.00 1322.00 1392.00 23F 1162.00 1224.U0 1288.UU 1356.00 1428.00 24F 1194.00 125i;.CC 1322.00 1392.00 146o,00 25F 1224.00 1288.00 1356.00 1428.00 1504.00 26F 1256.06 1322.00 1392.00 1466.00 1544.00 27F 1288.00 1356.00 1428..00 1504.00 1584.00 l_8F 1322,00 1392.00 1466.00 1544.00 1626.00 .29F 1356. U0 1428.00 1504.00 1584.00 1.668.00 30F 1392.00 14b6-.00 1544.CC 1626.00 1712.00 �1F 1430.00 1500.00 1586.00 1670.00 1758.00 32F i4b8.00 1546.00 1628.00 1714.00 1804.00 33F 1508. CC 158&.00 1672.00 1 760. 00 1852.00 14F 15 4 8 . C' 1? 1b3i .0 +O 1716.00 1806.00 1900.00 35' 1588.00 .1672.00, 1760.00 1852.00 1950.00 36F 1 o30. CC 1716. CC 180 C. CO 1902. 00 2002.00 37F 1674.00 17 „2.00 1854.00 1952.00 2054.00 38F 17l6.CO 1806.00 1902.00 2002.00 2108.00 39F 1764.00 1856.00 .1954.00 2056.00 2164.00 �r RESOLUTION No. 3611 :(1978 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE.OF INTENTION TO ADOPT A WAGE AND FRINGE BENEFIT PACKAGE FOR CERTAIN POLICE OFFICER ASSOCIATION PERSONNEL WITHOUT A FORMAL MEMORANDUM OF UNDERSTANDING. WHEREAS, City and Police Officer Association representatives have been meeting regularly for the past several weeks in an attempt to agree upon a Memorandum of Understanding concerning a wage and fringe benefit package for certain Police Officer Association Personnel for the year 1978 -79, all to no avail; and WHEREAS, on June 26, 1978, this Council adopted Resolution No. 3600 giving notice of its intention to adopt a resolution establishing wages and fringe benefits for Police Officer Association Personnel without first entering into'a formal Memorandum of Understanding; and WHEREAS, this Council has held a public hearing concerning the adoption of wage and fringe benefits without a formal Memorandum of Understanding; and WHEREAS, the Council at"-its July.11 meeting granted negotiations until July 14 to meet and confer on a fringe benefit package, to no avail; and WHEREAS, this Council finds it in the interest of the public and of Police Officer Association Personnel themselves to establish such wages and benefits no later than August 1; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Pursuant to the provisions of Section 9 of the Employer- Employee Relations Resolution (No. 3405), the Council hereby gives notice that it intends at its meeting of August 1, 1978 to adopt a resolution establishing wages and fringe benefits for certain Police Officer Association Personnel for the year 1978 -79 R 3611 �l Resolution No. 3611 Ob (1978 Series) without first entering into a formal Memorandum of Understanding. Said wage and fringe benefit package is proposed as set forth in Exhibit "A ", attached hereto and incorporated herein. Wherever Exhibit "A" refers to memorandum of understanding, it shall mean a statement of Council action to grant such benefits unilaterally. On motion of Councilman Jorgensen , seconded by Councilman Dunin and on the following roll call vote: AYES Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST: C' erk J. H. Fitzpatrick Approved as to form: City Attorney Allen Grimes this 17th day of July, 1978. Approved as to content: City Administrative OfVicer Personnel Direc r EXHIBIT "A" MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION 0 MEMORANDUM OF UNDERSTANDING ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum J� This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No. 3405 of the City of San Luis Obispo, which Resolution is hereby incorporated, by reference as if fully set forth herein and has-been executed by the Administrative Officer on behalf of Management officials of the City and by the San Luis Obispo Police Officer's Association (SLOPOA) on behalf of the employees occupying the line item full -time employment position classifications set forth in Appendix A. B. City Council Approval It is the mutual understanding of all the parties hereto that this MOU is of no force of effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and Waiver The parties agree that each party has had full and unrestricted right and opportunity to make, advance and discuss all matters within the scope of representation as outlined in Section 7 of Resolution No. 3405. This MOU constitutes the full and complete agreement of.the parties and there are no others, oral or written, except as specified in this agreement. D. Purpose The parties agree that the purpose of this MOU is to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SLOPOA. E. Recognition The.San Luis Obispo Police Officers' Association is hereby acknowledged as the majority representative.for the regular and probationary employees occupying the position classifications set forth in Appendix A pursuant to section 10A of Resolution No. 3405. F. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to, in good faith, negotiate for the purpose of replacing any such invalid or illegal provision. ARTICLE II - DIRECT PAY FOR SERVICES A. Rules Governing Step Increases The rules governing step increases for employees covered by this agreement are included in the current Salary Resolution with the following modification: SLOPOA 7/78 Each department head shall be authorized periodically to re- evaluate employees at step 5. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the Police Chief deems it necessary to again remove the fifth step during the same fiscal year, he may•make the change at any time with three business days written notice. B. Wage Scales Each salary range consists of five steps (l'through 5). Steps l through 4 equal 95% of the next highest step, computed to the nearest two dollars. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 In order to establish step 5 of each successive salary range as being 2.63 %. above the next lower step, the adjusted salary ranges are listed in Appendix A and are to be effective July 16, 1978. Step 5 of range 1 shall be increased 4.54% above that salary listed in Appendix B with step 5 of each successively higher range becoming 2.63% above step 5 of the next lower salary range, rounded off to the nearest $2.00, effective July 1, 1978, in case of court of last resort holds invalid the legislature's conditional allocation of surplus funds. If the state gives its employees an across - the -'board percentage salary increase effective between July 1, 1978 and June 30, 1979,, those employees covered by this MOU shall receive the same percentage increased as of the same date provided all restrictions are lifted and such increase does not exceed 4.54 %. If the freeze or restrictions are otherwise lifted, employees covered herein shall receive the 4.54% increase starting the first pay period following the effective date of the lifting of such restrictions. These ranges are listed in Appendix C. C. Next Year's Meet and Confer Sessions It is agreed that both parties to this MOU shall agree by April 30, 1979 on a list of public agencies whose salary and benefit data shall be used as a guide in deliberations in next year's Meet and Confer Sessions. D. Overtime 1. Police Officers and Police Sergeants shall receive overtime pay at time - and - one -half computed at their base rate for all hours worked in excess of forty (40) hours per week except for duty involving court time, training periods, or emergency call back which shall be compensated for at straight time except as otherwise provided in this article. 2. Non -sworn personnel shall receive overtime pay at time - and - one -half for all hours worked in excess of forty (40) hours per week unless they elect to take compensating time off at straight time. SLOPOA 7/78 VA ' • � 3 3. All overtime pay shall be authorized in writing by the department head or the watch commander prior to being compensated. 4. All overtime pay shall be paid to the nearest quarter hour worked where no minimum is authorized after completion of the first 30 minutes of overtime. 5.. Police Lieutenants and the Police Captain shall not be eligible for overtime pay. However, the Police Chief may grant them occasional compensating time off (CTO). There shall be no formal accounting of or cash payoff at termination for such CTO. E. Detective Pay Police Officers assigned as Detectives shall be guaranteed fifteen (15) hours straight time overtime pay per month. Detectives shall be guaranteed one hour minimum towards the 15 hour monthly minimum for each occurrence of call backs. Detective's standby for one week or portion thereof shall likewise be credited towards the 15 hour monthly minimum at the rate of four hours per week. All overtime,worked in excess of 15 hours per month shall be paid at straight time. F. Court Time Employees reporting for court duty shall be guaranteed two .hours minimum payment at straight time except for employees working the morning watch who shall receive three hours minimum straight time pay when responding to court on the same day worked. Trio or more court cases occurring within the minimum time period shall be subject to the same minimum payment. G.. Range Qualification Training Sworn personnel below the rank of Captain shall be paid two hours at straight time when participating in range qualification training when off duty. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice.ammunition during that month. H. Call Back 1. Emergency Sworn personnel called back for emergencies and other unusual occurrences, as declared by the Police Chief or watch commander, shall be paid on a straight time basis with a minimum of four hours at straight time. 2. .Training Sworn personnel call�xi back for training sessions authorized by the Police Chief or watch commander, shall be paid on a straight time basis with a minimum of two hours at straight time. I. Standby Sworn personnel below the rank of Lieutenant on standby, except detectives, shall be compensated one hour's pay for each five (5) hours standby. Such employees shall be paid a minimum of three (3) hours straight time pay when on standby. S LOPOA 7/78 4 J. Field Training Officers The Police Chief may assign up to four (4) Police Officers as Field Training Officers (FTO) for an indefinite time period based on job performance including productivity and program results. Such appointees shall receive an additional 5% above their base salary while performing FTO duties. The Police Chief shall have the authority to reassign FTO's when deemed necessary. K. Work Out Of Grade Employees temporarily assigned to work in a higher classification shall receive one.step additional pay but in no case more than the top step for the higher classification under the following conditions: 1. the assignment exceeds ten consecutive work days, in which case the step increase becomes effective on the first day of work out of grade. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. L. Roll Call Briefing All Police Officers, Detectivesand Sergeants I and II shall report for duty. 15 minutes before the start of their shift for roll call briefing and shall be paid 30 of base salary on a quarterly basis. ARTICLE III - FRINGE BENEFITS A. Health Insurance The City agrees to contribute $82.07 per month for all employees covered by this MOU to be spent first on employee coverage under the Pacific Mutual medical insurance group plan, and second, on dependent coverage or on City approved health or disability plans. The City agrees to pay $5.40 per month to all employee: covered by this MOU for maternity insurance coverage of $1000 for employees and one dependent. B. Eye Care Insurance The City agrees to contribute $3.50 per month for all employees covered in this MOU to be spent on the City approved eye care plan. C. Retirement The City agrees to provide the Public Employees' Retirement System's � at age 55 retirement plan to all sworn personnel and the 2% at age 60 plan to all non -sworn personnel. D. Vacation leave Vacation leave is governed by section 2708.7 of the municipal code. Employees with over 25 days vacation leave shall not accrue additional leave until their total days accrued is less than 25 days. E. Holidays The following days of each year are designated paid holidays: January 1 - New Year's Day February 12 - Lincoln's Birthday Third Monday in February - Washington's Birthday SLOPOA 7/7R O ® 5 Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 - Admission Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day December 25 - Christmas Employee's Birthday State Election Day Federal Election Day When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. All employees on shift duty shall receive 8 hours holiday leave per month. Subject to the approval of the Police Chief, or' designated Watch Commander, each employee has the option of taking this time off during the calendar quarter in which it is earned or being paid at straight time for any unused holiday leave to be disbursed at the end of each calendar quarter. Employees are responsible for scheduling such time off, in advance. An employee may elect to carryover up to 3 days of.holiday leave at the end of the quarter, being paid off at straight time for any excess leave. F. Sick Leave Sick leave is governed by section 2708.5 of the municipal code. Upon termination of employment by death or retirement, a percentage of the dollar value of the employees' 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 of PERS benefits 1) After ten years of continuous employment -.10% 2) After twenty years of continuous employment - 15% G. Workers Compensation Leave An employee who is absent from duty because of on- the -job injury in accordance with state workers compensation law and is not eligible for disability payments under labor code section 4850 shall.be paid the difference between his base salary and the amount provided by workers compensation law during the first 30 days of such disability absence. H. Uniform allowance 1. Each employee shall receive an annual uniform allowance of $300, paid quarterly. This allowance shall not be paid for any employee who is off duty due to a.job related injury at the start of any calendar quarter. If the employee returns to work during that quarter, his/her uniform allowance will be prorated. 2. The City agrees to provide bullet proof vests to Police Officers for optional wearing. At the discretion of the watch commander, all officers may be required to wear vests. SLOPOA 7/78 • � r� 6 I. Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Captain. 1. Basic Benefits. Educational incentive pay shall not start for 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 one -half step for possession of an A.A. or equivalent degree from an accredited community or junior college; and one full step for a B.A. or equivalent degree from an.accredited four year college or univerisity or an A.A. or A.S. degree plus the P.O.S.T. Advanced, Certificate. Total incentive pay shall in no case exceed two half- steps. 2. Job Related Fields. Degrees must be in directly job related fields and if not, at least 30 semester units leading toward the appropriate degree with a grade of "C" or better must be included. 3. Application and Approval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the Administrative Officer shall be required. 4. Unsatisfactory Performance. In an event an employee receiving the incentive pay is not performing up, to the established standards set for the job, the department head with the concurrence of the. . Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the Administrative Officer. 5. Non- Applicability. It is the City's intention not to pay the educational incentive pay for any degree which is required or listed as a desired qualification for the position held by the employee. Educational incentives shall not be paid for education received on City time. The educational incentive will be removed if the employee is promoted to a- position which does not entitle employee to such incentive. 6. Tuition and Books. If an employee or department head holds a position which does not qualify him for incentive pay, employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with a grade of "C" or better. J. Deferred Compensation The Police Captain and Police Lieutenant shall be allowed to participate in the City's deferred compensation plan. SLOPOA 7/78 • ® 7 K. Management Benefit Employees filling those positions defined in Appendix A as "management" shall receive $25,000 term life insurance and a long -term disability insurance plan for recognition of their management responsibilities and ineligibility for overtime pay or educaional incentive pay for possession of academic degrees. L. Medical Fitness The City agrees to implement a program to periodically monitor the medical fitness of sworn employees to perform their required duties.. Employees not meeting required standards shall be referred to appropriate medical authorities for necessary care or shall be handled as outlined in section 2708.5,of .the municipal code. M. Alternate Work Schedules Committee An ad -hoc committee shall be appointed by the City Administrative Officer including representatives of the SLOPOA to study alternate work schedules including the 4/10 plan and present their findings and recommendations to the City Administrative Officer by April 1, 1979. N. PERS Valuation Studies The San Luis Obispo Police Officers' Association agrees to pay the cost of an actuarial study to determine the cose of adding the optional benefits known as one year final compensation,, post- retirement survivor benefit and 2% @50. The City agrees to request this study by January 15, 1979, but in no way obligates itself to provide one or more of these options in future years. a • APPENDIX A Covered employees include only those employees in the following classifications in the Police Department. (5) Dispatcher Clerk (2) Parking Enforcement Officer (1) Police Captain * (4) Police Lieutenant (34; Police Officer (4) Police ,Sergeant I. (4) Police Sergeant II *Management employee JAPPENDIX B Range Step 5 Amount 6P 886. 7P 910. 8 P 934. 9 P 958. lop 984. 11 P 1,010. 12 P 1,036. 13 P 1,064. 14 P 1,092. 15 P 1,120. 16 P 1,150. 17 P 1,180. 18 P 1,212. 19 P 1,244. 20 P 11276. 21 P 1,310. 22 p 1,344. 23 P .1,380. 24 P 1,416. 25 p 1,454. 26 P 1,492. 27 P 1,532. 28 P 1,572. 29 P 1,614. 30 P 1,656. 31 P 1,700. 32 P 1,744. 33 P 1,790. 34 P 1,838. 35 P 1,886. 36 P 1,936. 0 Police J GI APPENDIX C S:; LA =Y STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 F "NNE i)6P 754.0') 79 4. 00 836.00 880.00 926.00 C7P 774. CO 814.00 856.00 902.00 950.00 +JBP 754.00 836.00 880.00 926.00 974.00 09P 814. 0'J 85b.Ocl 902.00 950.00 1000.00 10P 836.00 880.00 926.00 974.00 1026.00 1iP 856.00 902.00 950..CC 1C00.0C 1052.00 i 2 880.1)0 92 r.. r;0 974.00 1026.00 1080.0:0 13P 902.00 950.00 1000.00 1052.00 1108.00 14P 928.00 976.00 1028.00 1082.00 1138.00 15P 952.00 1002.00 1054.00 1110.110 11b8.00 16P 976.00 1028.00 1082.00 1138.00 1198.00 17P 1002.00 1054.00 1110.00 1168.00 1230.00 18P 1028.00 1082.00 1138.00 1.198.00 1262.00 i9P 1056.00 1112.00 1170.00 1232.00 1296.00 20P Li)84.t,)0 1140.00 1201).00 1264.00 1330.00 21P 1112.00 1170.00 1232.00 1296.00 1364.00 •22P 114'.).J4 1200.00 1264.00 1330.00 1400.00 23P 1170.00 1232.00 1296.00 1364.00 1436.00 24P 1200.00 1264.00 1330.00 1400.00 1474.00 25P 1232.00 1296.00 1364.00 1436.00 1512.00 26P 1264.00 1330.00 1400.00 1474.00 1552.00 27P 1296.00 1364.00 1436.00 1512.00 28P 1330.00 14.0.00 14'74.00 1552.00 .1592.00 1634.00 29P 1364.00 1436.00 1512.00 1592.00 1676.00 30P 1400.00 1474.00 1552.00 1634.00 1720.00 31P 1438.0.0 1514.00 1594.00 1678.00 1766.00 32P 1476.00 1554.00 1636.00 1722.00 1812.00 3 3P 151t).00 1596. CC 1680.00 1 768. CO 1 860. CC 344 1554.00 1636.00 1722.00 1812.00 1906.00 35P 1596.00 1680.00 1768.00 1860.00 1958.00 3 6P 1638.00 1724. CC 1814.00 1910.00. 2010.00 37P 1680.0,0 1768.00 1800.00 1958.00 2062.00 38P 1724.00 18i4.00 1910.00 2010.00 2116.00 39P 1768.00 1862.00 1960.00 2064.00 2172.00 4C'P 1816.00 1912.00 201.2.00 2118.00 2230.00 RESOLUTION NO. 3610 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REJECTING PUBLIC BIDS FOR EQUIPMENT FOR CON- SOLIDATED COMMUNICATIONS SYSTEM, AND INSTRUCTING STAFF TO REVISE SPECIFICATIONS AND READVERTISE FOR. BIDS. WHEREAS, the City advertised for public birds for EQUIPMENT FOR CONSOLIDATED COMMUNICATIONS SYSTEM TO -SERVE SAN LUIS OBISPO POLICE $ FIRE. DEPARTMENTS $ EVENTUALLY ACCOMMODATE 911 PUBLIC SAFETY ANSWERING POINT COMMUNICATIONS NEEDS; and and WHEREAS, said bids were opened on Monday, June 26, 1978, at 2:00 P.M.; WHEREAS, bids received were well in excess of the estimated costs; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Each of the public bids- received for the Equipment for Consolidated Communications System is hereby rejected. SECTION 2. The staff is directed to revise the specifications and readvertise for bid's. on motion of Councilman Jorgensen, seconded by Counci.lman_Dunin, and on the following roll call vote: AYES: Councilmen Dubin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed ATTEST: City Cleik Pro- Tem -R. . Miller ed this 5th day of July, 1978. Z 2 Resolution No. 3610 Approved as to form: ALLEN GRIMES, INC. City Attorney es (1978 Series) Approved as to content: City Administrative ficer U RESOLUTION NO. 3609 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE GENERAL STATE =WIDE ELECTION HELD ON JUNE 6, 1978, AND DECLARING THE RESULTS THEREOF. WHEREAS, a special.municipal election was consolidated with the state -wide general election and held and conducted in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, the 6th of June, 1978, . as required by law;'and WHEREAS, notice of said election was duly and. regularly given in time, form and.manner as provided by law, that voting precincts were properly established, that election officers were appointed, and that in all respects said election was held and conducted and the votes cast thereat were`received.and canvassed and returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, pursuant to Resolution No. 3505 adopted on the 21st day of February, 1978, the Board of Supervisors of the County of San Luis Obispo caused the returns of said election to be canvassed and has certified the results to this City Council, said results are received, attached and made.a part hereof as Exhibit "A ". NOW, THEREFORE, -BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: AG•ktm 7/5/78 R 3609 Resolution No. 3609 (1978 series) SECTION 1. A certified copy of the County Clerk's certi- ficate giving.the results of votes cast on the city measures at the June 6, 1978, consolidated special municipal election and state -wide general election is,attached hereto as Exhibit "A ". SECTION 2. There were submitted to the vote of the electorate at said election by Resolution No. 3504, adopted February 21, 1978, a proposed charter and five alternatives measures to be voted upon as follows and the number of votes for and against -each measure is indicated in the appropriate square'i(Measures A.- F): A SHALL THE PROPOSED CHARTEP OF THE CITY OF SAN LUIS OBISPO BE ADOPTED? YES 7581 IND E � 2842 B SHALL THE PROPOSED ALTERNATIVE SECTION: 402 OF THE CHARTER PROVIDING FOR NUMBERED COUNCIL SEATS BE ADOPTED? YES i 4662 NO I 5303 C SHALL THE PROPOSED ALTERNATIVE SECTION 404 YES 5257 OF THE CHARTER PROVIDING FORA TERN-! OF FOUR (4) YEARS FOR THE OFFICE OF MAYOR BE ADOPTED? NO I. 5677 iE D SHALL THE PROPOSED ALTERNATIVE SECTION 405 IYES ` 7005 OF THE CHARTER LIM1ITING THE TERN OF ANY ELECTED OFFICIAL TO EIGHT (8) YEARS IN SUCCESSION BE N0 I, 3697 ADOPTED? AG:ktm -2- 7/5/78 - RESOLUTION NO. 3609 (1978 Series) E SHALL THE PROPOSED ALTERNAT P1E SECTLON 410 YES ! 3926 OF THE CHARTER PROVIDING FOR A iiETHOD OF DETER II.NING COi!PENSATION FOR NEiMBERS OF THE NO 6014 COUNCIL BE ADOPTED? F SHALL THE PROPOSED ALTERNATIVE SECTION 1102 YES !I 5291 OF THE CHARTER, t4AKING THE ESTABLISKIENT OF - A PERSONNEL BOARD MANDATORY'BE ADOPTED? NO 4398, I SECTION 3: There was submitted to the vote of the eiectorate.at said election by Resolution No. 3506, adopted February 21, 1978, a..ch'artez initiative amendment to be voted upon as follows and the number of votes for and.against the measure is indicated in the appropriate square (Measure G): SHALL SECTION 727 REQUIRING VOTER APPROVAL OF YES 6855 ANNEXATIONS TO THE CITY BE ADDED TO THE CITY CHARTER? NO 4262 SECTION 4. The City Council.does declare and determine that as a result of said election, the majority of the qualified voters voting on the measures did vote in favor of Measure A; Measure D, Measure F and Measure G. and that Measures B, C and E failed. On motion of Mayor _Schwartz seconded by Councilman Petterson . and on the following roll call vote: AG:ktm -3- 7/5/78 RESOLUTION NO. 3609 (1978 Series) AYES: Councilmen Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: Councilmen Jorgensen and Settle the foregoing resolution was passed and adopted this 5th day of July , 1978. ATTEST:. C Clerk J.H. Fitzpatrick Approved as to form: ALLEN GRIMES, INC. City Attorney By Allen Grimes Approved as to content: City Administrativ ffi.cer .AG:ktm -4- 7/5/78 M ( Jt1NE 6. 1970 CONSDLIDAT7.0 DIRECT PRIMARY HA CTION - iLl) COUNTY ALASUkf A JOnU PAUE hJNbEk CIo.JCOOL N E V ° T U M E N t c G T 4 A G I ] E N S S I U I R E C T e E A 1 a C 0 T V 0 t 1 Y N Y N Y N ° ° ° I s s ICON PRECINCT ,5 ebb 321 40.71 172 uj IIS 131 125 1551 ' ICON PRECINCT 4a 735 Al 31 52. LI 225 6b 1S6 lab 1471 1 d .1i _ CGN Pk EC INCT 47 605 32d r7.al 104 7• 1221 123 lrol 13L CuN PRECINCT 4d 491 256 52.1. 140 50 82 LOO 871 1201 GUN PRECINCT r9 boa 343 ou.1 197 7t I16 Las 1361 L5J CUN Pk EC INCT 5J 707 394 56.4 246 U6 171 L49 1721 103 CON PRECINCT 5L 73L 402 54.9 130 L02 140 l94 1631 l07 CON PRECINCT 52 451 3141 69.0 200 75 119 L51 139 III CON PRECINCT 5] 7b5 439 57.3 Job 1 64 106 17d 219 Ldl CON PRECINCT 54 85oI 5591 65.3.1 365 1 Oc 254 212 2741 2 +2 CON PRECINCT 55 720 4661 64.01 200 L2' L71 216 179 242 CON Pd tC In CT 5o 9001 5721 59.5 3W !r- 23J 2LJ 241 275 CON PA EC INCT 57 7151 42.11 54. L1 230 IU3 145 1b: 169 143 CON PREC I.-:CT 5b 6721 5L4I 3d.9 315 12 200 221 11u :4L AdiENTEE CO.Nib -5d 4L8 233 ll I 134 2CS 171 215 1 •• Ad SCNTFE TJTALS ••• 4101 233 lI 0 105 171 2 U 3R0 SUPERV ISCRIAL 5950 6L3/ 61.6 3716 11.21 2.1 49 2601 2584 2dOL CGN PR EC I,. CT 97 004, 4141 47.ol 234 10 142 !d9 176 17u PkLCINCT 94 I 5dbl 2J61 40.di 145 6`�� Lai d9 Lu5 lJl _ _ ICON CG., iw.O [hlf v.) 49611 26C1 51. +1 Lb� 4t1 105 1J2 104 119 '. CJ7. P tiL 1NCT IJJ 77 .1; 191', 52.01 IL 60 1 (A 103 l2J llr II C'JN PAEC INCT 101 07:, 43C it 10`.1 4� I1 143 142 1,7 !CO;I PkEC INCT 10: 0221 3do' o :.0 25LI 41 14.4 lb4 169 la•J CJh PF cC ih CT 10 7241 4571 62.d 19d 4 174 207 22. l4r CON PFEC IXCT lU♦ 901 413 47. bi W. oy 11 104 l03 lcL CON Pk ECI4CT 105 boy 340 50.51 2151 7A88IIII 131 1441 149 l5, CJN PRECINCT Lue. 99V l961 39.c 22� 471 13` 14.11 151 lb CON PRECINCT LJ7 7b�' rt91 LU.1 274 121 Lai 19 "1 19b LL _ WN PRECINCT I u a La4I 3941 4L.01 2531 9V 15 1 171 LU7 1731 CON PR EC L4CT IJ9 641, 31 49.0 IbfA o� !I 11 134 Li S -- - - CUN PRCC INCT 110 1050 732! 69.71 49q lily 21 348 306 357 CON PRECINCT ILI Old 0261 77.4 2341 cal lic 157 1411 101 Lab ENT EE CON97 -1 L1 i 4701 1 244 Lot 1! 1 252 ldJ 252 ••• AaiEhTtE TOTALS •••I 1 470: I I 244 lot 131. 252 Loa 252' I 5TH SUPEAVISCkIAL 1 IO*,e o2b4! 5a.dl I I ' 3do.11 1.191, Z:i 11 1702 107J ldlu 1 I � � •. •. T C T A L S •••• 20575 !23451 o0.,e 75411 2a4q 460E 5]U1 5251 5017 : I 1 E a At 1 I I I SEC AP JUNE o, 197x1 CONSOLIDATED JIRKT PRIMARY ELLCTI,IN - SLn C•.Ut!Tr MiA;UAL A Tit C I PAGE NuMuZk ulo.OJ000 R V T n M M j G i h C t I 1 I c h S 1 1 p I S S C � U U T U R C T c E E .. S 6 C D T I I I I i 1 T S Y Nut YI r v N� u L 1 S = s I I I 16TH CGr, CR ESS[CNAL 2JS T5� L2395 60.2; 7D811 2842 4662a I 5303 5c>1; 56171 I I 1VTH CUICAES_IUNAL 1 I I I � l7TM Sc!iATJRIAL 205751 12395 67.2 7581 2b4 466 5303 52Y 1 I 5677 29Rr ASSEMELY 205751 12395 60.21 7581 2d41 •ob2 SiU3l 525 7 :617 1ST SUPERVISCRIAL I +J SuPE RVISORIAI 1 I I I I2t 3AU SU.EkVISGAIAL I 995131 6137 61.6 3710 t461 23V•i 2601 25 04 2661 !4TM SUPCkVISC.l;.L STM SUPcMVISJn IAL 1062: 627d 5d. 316i 1191 231.1 2702 1 2678 2d lo, I 1 CITY Of ARMO YJ uFAhOE CITY Or 6RCVEk CITY i:I TV OF MGRRO oAY CITY OF PASO RULES i I CI TV Uf SAN LUIS JbI SPO ':0575 1271,51 tu.z 7581 2U4 4o0t 53Uj 5257 !)o77 :CITY uF P1SMC bEACM 1 UNINCORPCRATEO AkEA i I CCUNTY TOTAL I !O>7> 123-15 60.2 I I I ' I i 75 d1 204.;1 4ob21 5306 52>7 >677 � i I � I I 1 I I EkHIBiT i'A''' � I I � I • JUNE 6, 1970 Cl1N1ULIUATFO OIk LCT VkIMak9 O:LI'CT1GN - S1G COU�NTTj�� MEASUAE U Tn.0 PaOE NUMBER W.00001 R v T M M M T- �I c O U E c E T R I L N 5 S S S U U U 1 T U U F k E C i E E E E 5! i 0 E F I ! U i i 1 I i t T S E a E 0 j j i U S S 1 i I i iCOh PRECINCT 45 6n6i 321 46.7' 173 9 b4 151 L241 1J4 1 CON VA EC IN CT 40 ICON 735 3B1! 51.1 223 9h 10-3 1n2 l5 ul 1_•u PRECINCT 47 6tl5 32tl 47.b1 L71 9 94 150 1311 10o _ CON PRECINCT 4d 491 2561 ]2.l L26 C 60 110 l U 13 CON PRECINCT 49 5c6 J43 61.3 L77 L1' 102 151 150 rJ CUN PRECINCT 5U 717 399 56.4 232 1 L4 lLtl 205 169 139 ICON PRECINCT SL 7Al 402 54.9. 230 101 128 200 161 152 PRECINCT 52 451 3L4 69.1. 179 101 L6B 146 119 ICON CON PR cc INCT 53 T66, ' 4391 57.31 257 l31 127 2 L 206 141 CON PRECINCT 54 0501 5591 65.3 339 16 211 274 tot 141 CON PRECINCT 55 71Z io6l 64,01 C70 141 l4bl 243 ld6 194 CON PA EC INCT 56 9111 572' 59.51 359 lb� l9, 301 257 211 CON P%EC VICT 51 T15II 4231. 59.11 252 L0 110 166 � 157 165 ICON PKEC INCT 50 nT2i 5141 56.91 291 U' L55 263 2:4 1`.J Ao 1E nT EE CON45 -5tl t 41 tll 260 LIL L3 o 217 1611 164 ••• Ab SENTEE TOTALS ••• I 418i ' d6o ILL 136 217 I lot lot , 3A0 SU PERVISCRIAI 9951 6137 61 .eI 3552 17T 1921 3911 2615 2214 I CJN PMEG -INCT 97 I 1 U69 414! 47.6 225 11' 130 idl 154 156 _ 1 CON PRECINCT 9n ! 5n61 2361 41.1 11 7 77' 1111 l0ul %d CCN PRECINCT 99 49, 2611 51.4 131 tl n+ 132 lid ad CuN 04 EC INCT 100 5 Ij 2901 ]1 .t71 151111 011 di 124 114j 64 CJN Pk EC INCT LJL 67' 33oi 4-v 111 L87I1I 971 L1 14b 1431 112 _ CJN PA EC V. CT L02 022 3n6 62.0 i 20 J. Is 11 20d L77 141 CON Pk EC INCT 103 72 4571 44.0 �II 2541 141 16' 225 194, loll CON Pk ECINCT 104 vO 11 413' 45.0 23' 1U 14 169 L75 12,1 _ CON PRECINCT 10] otl 5� 3,41 5J .5 19' tl L0 164 147 I �C:.h PRECINCT 1,36 I 9991 39e I 39.6 I 211 9 L2 L51 114 99 CON PMEC INCT 107 1d" 44% 60.1 26I 13JI I 14 LL3 1951 161 CON PA EC 1I4 CT 10d 0uv 199; 66. uI 21Y 141 13 196 179'1 1 G I CON PRECINCT L09 641 11C 44.61 Lrj B n L62 12`1 I _ C,N PRECINCT 110 ( 105LJ, 73d' o0.7 381 26t 23 393 347 171 -- - ICON ✓k ECINCT ILL 4 L a, 316; 77.9 10 91 12' 165 1641 114 ABAehT EE CUN97 -111 i 4 78 I 26 16 15Q 241 1 l4, 2ul ••• ABSENTEE TOTALS •••{ 470 I I 242L L6i LSC 2,2 174 206 I STH SUPT RW ISJAI.L I 10025' 615 di 5it .n i 3453 19l 2UQ 2994 2676 2162 •••• i 0 T a L 1 •••• L057 1239]! 01.2, 7J OS' I J69i 3.9Z6 6014 ]2 911 41-00 1 I 1 IwF(Ail IJUNE 6, L97d CONSOLIOATEG UIRCCT PRIMARY LLFCTILIN — SLO COU7vTY MEASURE U THPU F PAGC NUM6ER 017.JJJDO I 1 R E G i T _ C of T R S � V 0 T S C S T T U R I T T II M ! A U c 0 I Y( N EI JI H A U L L E Y N E G M U ° I F 1 I I I I Y N 1 CI i I 16Tr1 CJNGkE5S10NAL 20575 ! 12395 60.: 700 SI 3647, 392 60141 5241 43Ytl1 _ i Ly TN CCNGRESSIONAL 117TH SENATORIAL 2057! L23951 60.2 1005' 36971 3 1024 6014 52911 439u1 I 29TH ASSEMBLY 1 20575 123951 00.2. 7007 369 .3924 6014 52911 43401 1ST SUPERVISCRIAL 2ND SUPERVISCRIAL i 1 JRO SUPERVISCRIAL 995Ji o137 61. 3552 I 1770 192 302C 2015 2210 4Tn SUPERVISG.IAL 5Th SU PE MV kS CRIaI 1062I 62581 Sb. I s45 191 20U, 2109u 267c1 21tl G1 _ CITY OF AR +OVO GLANUE CITY OF GRCVEiw CITY _ CITY OF MOKRO dAY CITY OF PASO ROOLES _ CITY OF SAN LUIS G6ISPO 20575 L2395 6U.2 7005 369 392 OU14 5,491 4394 CITY OF PISMO 09ACH I — - UNINCCRPORATEJ AREA COUNTY TOTAL 20575. L2s95 60.21 I I 7005 3697 I I 3924 6014 5241 4346 I I I I I �� I BI I T I �" I I I JANE 6, 1v 10 CONSUL IOAT TII DIR f CI PRI MAkY LLEmnN - 5LU CNIINTY ML'A110E G TNkU I PAGE NUMBER OLb.OJO01 I E G U; E E E I T N A I- i 1 S 0 I u u T u F N k A T E E 1 ! 1 G M 1 0 T T E ' R I Y N F. N Y 1 N 11 J L O I S S S CON PF tC INCT .5 0861 321 40.71 197: aT 1 LON PRECINCT 40 1351 381 52.11 I 2u9i L1G _ CON PA EC 1h CT 47 605 316 47.8 ( 1b11 96 1 1 CON PRECINCT 46 491 15e 52.1 147 6W CON Pk EC INCT 49 500 143 to ..1 238 67111 CON PRECINCT 5U 107 399 56.4 230 125,1 CON PRECINCT 51 7311 4J2 54.9 2251 1371 - CON PRECINCT 5[ 4>1 314 69.0 17. 12l CON PRECINCT 53 7651 439 57.3 242; lo.l I CON Pk EC INCT 54 056 559 65.3 3321 1911 CON PRECINCT 55 72n .00 o4 .J 2B1 144 CON PRECINCT 56 9601 572 Sv.5; 3101 221 CON PRECINCT 57 7151 423 59.11 2201 14 CON PRECINCT 5d 872! >l4 5d .9I 2531 19' CUN PRECINCT OZ 027 41O e0a I 129 2631 l.0 1 1 24L1 1 CON PkCC INCT 63 525; 3341 63.o1 b5 225 991 1 ZC4I ' CON PRECINCT 64 5571 107; 55.1 a4 Ld5 911 17.1 CJh PA tC INCT 6o 4361 Lb3I 04.9 1 74 195 b31 I 1171 CON PRECINCT 67 7421 424 57.1 12 257 13v 2J31 - COh VP EC IN C I Oo 1 0441 4061 03.0 1 I L1 262 1311 2311 CON PRECINCT 64 1 5121 2951 57.0 1 7' lv3 as; 1741 CUN PPECINCT 7O 6UbI 4571 56.01 1 LO 263 1101 2021 I SMtLL BEACM 2 11 1 4o.6 2 1 1 1 Ad:ENTEE CCN45 -541 +L8 Z641 L2' Aa3ENTEE CONL2 -04 40 f 3 . 271 ABSENTEE CON04 -70 L77 1 Lab 20'1 1Sol •�• ABSENTEE TOTALS .61 041 1 I i 264 l2� � 27 105 191 ld A) � SkO SUPERVISLP IAL 148L4 9269 6.1.71 34di 2031; OIL 1029 I 9ub 1J>5 I I LAANCM 4 16 101 5511 > CON PR EC INCT 71 6d4 Wool 73.q L57 li I% Lb.'1 'CJN PPECINCT 72 69+1 5011 71.01 114 334 1531 JJ1I 1'CON PA EC IN CT 73 aOA 567 00.E 1 lb: 37a 1691 346 CiIN VeECINCT 74 504 4:61 75.9 1 12 1 20 1471 e CGh is EC INCT 75 47U 305 04.61 9 191 1171 174 ,CON Pf. LC INCT 70 o6vl 43l I 64.4: 14 2bu l51 253 CON PRECINCT 77 ( 0L0. 43u DO Ll 8I 121 99 2ti7 'CON PAtCINCT 7d 3du 1LbI >7. 3i 1 I 501 155 51 140 CON VF CC INCT 7•: 5TO' v0 l' 7Ja ILI 269 11711 139 CUN Ph EC IN CT 41U v3A 014 40.4 t I 171 406 2131 3551 1 CON PR EC INCT 61 I 49:1 3.5: 69.9 9 201 11'1, l 701 CON PRECINCT 412 7Gt, 3441 51.3 130 2Z2 1411 2351 11 CON PPECINCT d3 v231 4o3� 52 .;1 15 241 51 1741 24v CON PRECINCT d4 74Y, 49d' 00.4 :. EXHIBIT A. 3L91 105 2a6 ICON PRECINCT 85 b5J 5461 64.2. L�j 1701 141 34a ILJh PA EC IN Ci Po 1 0.:. +66 5tl. 1' 1 1 9 vl 3431 1 I Lol Sl. ' I JUNE 6, 1976 CONSUL111ATf0 OIPFCT PNIMAkV I'LLCTIUN - ;l0 COUNTY NI ASUrl G ln6U I Pat,t t.V Np cN 01 y.OJJJj ( R 1 i 1 I T 1 i A u v i V T N E T T a t 0 S U 1 C T T E T G I I U S I I I I M r I a u N c M r l N C 5 i N I L I a 1 1 u 1 i I I 11 I j X ) 1 � I I I 1 1 1 1 1 'CON PREctptcr 07 12241 793: 64.7; 141 5135 17T 517' ( 1 CON PRECINCT ab 551) 311; 56.11 491 1b6I 117 156 CON PRECINCT b9 6341 37bi I 59.61 1214 206 155 191 OARS 2 11 211004 1 1I 1IFAIi 1 CSO FLACO 31 211 67.7' I 11 1J I n1 Iab Sc NTEE COh71-79 2491 G3 161 79 1511 �Ab SENr EE CON6J -bl 101 1 1 tl al IAtl SLNTEE CONd2 -b3 137 1 1 66 131 601 1 1 l A6SENTEE CCNb4 -69 I 150 1 L21 311 11c I 1••• Aa SENTEE TOTALS ••`I 1 r96 I 10 36' 1331 I 316 4TM SUPERVISORILL 1 114971 9LiY 1 67. i 1 24bl 6034 20491 5454 I CON PNEC MCT Y7 13691 4141 47.61 2131 l4 ICON PRECINCT 9b 5861 2361 40.21 i 14411I 64 II CUN PR EEC INCT 99 496 2601 51.1 13r 9 Cdh PRECINCT 10J 573 296 52.01 1641 at CON PRECINCT IOL 671, 330 49.11 1091 101 CON PRECINCT 102 6221 3tlbi 62.01 1 17* lb' CUN OR EC INCT 10! I29I 457 62.6 2501 L7p CON PRECINCT 10+ 901 "n I ,5.b 1 2291 1171 I _ CON PRECINCT 105 6135 346' 5U.51 14 Oil 10.1 CON PRECINCT IQb 9991 396 19.61 20� 101 CJh PAEC INCT 101 7601 464 60. 1! Z02l 140 1 CON VN EC ILCT LUtl 6041 !99 66.0 G441 1!J .CON PRcC INCT 104 6411 31d 49.61 1661 Yt PRECINCT 11J 10501 7121 69.71 33 i61 .CON CON PRECINCT 111 4161 320 77.9 1 1651 14L Ab Sf NTEc CON97 -lll 1 47al 260 1671 ••• ABSfkTEE TOTALS ••• 475 1 LOtl 16111 5TH SUPLRVI5O8LAL 10625 6258 513.131 3175 213111 1 •••• T O T A L 5 • +•• 3n93b1 24666 ' 63.41 I 1 6b55l 426 1 32 U1 0063 3757 73051 � ' I 1 „ ►� 11 I � j �X�I�IT I 1 � �ti AP JUNL 6, 1V7d CONSCL IUAT FO DIP LCi PM IMAI, Y CLPCTION — iLU CJUNTY MI.ASIIY: G TMkU 1 PAGE NUMBER O1d.J0000 I R G 1 S i R V T L 5 C A T k N 0 U T M A S U 6 e I M A b U Y E M F S U E TI 1 1 I I E S T G M I _ y O S ; I 1 E U E U r U I I n TN CONGRESSIuN SI 120393 124 US 60.1 ba55 4160 tl S S - I ilO 19TH CCNGAESSICNAL Id343 11281 66.91 5272 6055 3752) 7JOu I7T11 SEYAT CRIAL 1 36v3e 246 do 63.4 6655 4262 1271� 8CO3 3757 730D 1 129711 ASSEMBLY 389 3e1246n6 01.4 0655 420' 3271 806'1 3757 7305 11ST SUPERVISORIAL 21%0 SUlERVISCk1AL 'Dk0 SUPdkVISORIAL 14n L4i 9189 62.71 346J 2051 811 2029 9Ubi IbtIS 4711 SUPERV ISUk IAL 134471 91391 67.71 2461 6034 264v1 5450 i STM SUP2 RV LSOR IAL 11J625 62Sd 5d .b 3375 1231 I CITY OF ARkUYq GRANUE 55161 4J16 72.9 Llll 26bo 1215 24411 CITY OF Gn CVEA CITY 3,00 2J67 60.7 603 1274 676 I1 cJl CITY OF m-j nor 1 _ CITY Ur PASO kOdL6S CITY UP SAY LUIS UdISPU 1.'05751123 vS 60.1 Otl 551 426' 1 1 CITY Cr PISMU b[ACF 3140 2042 65.42 50" 1315 St TI I 1106 i UNLIrCORPURAT:U AkEA I 63051 4156 65.4 L055 2774 11J7 24vt CU UrrtY TOTAL 311v301 ItG db 63.4 I 1 1 ( 6035; I 41e I 121 8063 5757 7305 I I I I I I t 1 I I I EX I I 1 IT I I I Cull'iTY CF ZAN LU:S MISIM I VIOLU.,"A, Coiu'ntY CIPI of tie abcove enrifle'd D (,Isi'ic;o of !!je lcaGd Oi Sun,?rp.-ors 9j the er- 4 of Sjp 1 this - day of MISRETH VXLLAM C� J Olf'cio Clark of the s Lj rj WAY, MCI oP MM • RESOLUTION NO. 3608 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -76 -513 (JERRY HOLLAND, APPLICANT., 1851 ROYAL WAY AND 1320, 1340 & 1360 RUBIO LANE). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings con- cerning Parcel Map No. SLO -76 -513 as contained in Resolution No. 3241 (1977 Series). SECTION 2. This Council now grants final approval of Parcel Map No. SLO -76 -513 (Jerry Holland, applicant) and authorizes the Mayor to sign the Agreement. On motion of Mayor Schwartz seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of ... .July , 1978. ATTEST: y J.H. Fitzpatrick R 3608 0 Resolution No. 3608 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney by Allen Grimes _2_ 0 Approved as to content: City AdministrAtwive Officer ity Engineer 6 AGREEMENT THIS AGREEMENT, dated this 6TH day of OCTOBER 1977 by and between JFRRY Hoi i AN17 ._ herein referred to as "Subdivider ", and the.CITY OF SAN LUIS OBISPO, herein referred to as the „City„ W I T N E S S E T REFERENCE IS IIEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final , _,PARCEL MAP SLO 76 -513 _ City of San Luis Obispo, California ", as approved by the City Council, on the 5th day of July ,19 78 WHEREAS, the Subdivider desires that said PARCEL_ MAP S LO -76 -5 13 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility lines and facilities as set forth on the -plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said.subdivision ordinances and regulations, and in accordance with approved'. plans and specifications on file in the office of the City Engineer; City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER hL1INS and SEWER. MAINS, including sewer laterals to the property line and water services to the curb :stop. 4. DRAINAGE STRUCTURES .5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has prop- erly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request.- 7. ANY & ALL OTlil?R IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be, installed in the locations designated Ind to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall he estalashed by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work -of installing the above improvements shall begin within THIRTY (30 ) days from the date of recording of the final map, and that the work.shall be compfieted within TWELVE (121 months of said recording date, unless an extension has been granted by the City Council, provided that if completion 'of said work:is delayed by -acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work.. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement... In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also.agree to comply with the following conditions establi= shed by the Planning Commission and /or the City Council. 1. THE SUBDIVIDER SHALL_ PAY TO THE CITY THE SUM OF $600.00 FOR IN- LIEU PARK FEES. (4 LOTS x 150.00 PER LOT) 2. THE SUBDIVIDER SHALL PAY TO THE CITY THE SUM OF $843.20 FOR WATER ACREAGE FEES. M432 x $1090.00) 3. THE SUBDIVIDER SHALL PAY SEWER FEES IN THE AMOUNT OF $26.86 4. THE SUBDIVIDER SHALL_ INSTALL STREET TREES TO THE APPROVAL OF THE PUBLIC SERVICES.DEPARTMENT. 5. GRADING PERMIT FEES IN THE AMOUNT OF $ 146.00 _ SHALL BE DEPOSITED WITH CITY AND TREATED AS NORMAL SUBDIVISION INSPECTION FEES. 60 ITEMS 1,2 & 3 WERE PAID ON MAY 5, 1977, As to public lands or section pro,perty.included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the 'Nanual.of Instructions" for Survey of. Public Lands of the United States, published by the Commissioner- of General Land Office, Department of Interior, Washington, D.C. -2- The Subdivider her't�_�' -..:taches hereto, and as an integ...i part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this.agreement, which said (instrument of credit /bond) is in the amount of $ 4_ � _boo .00 and which is in the amount. of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty wbikmanship or materials or defective construction of said. improvements occurring within twelve (12) months after acceptance thereof: In accordance with Section 11612.1 (c) of.the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 100 of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider- of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement.. Completion of the work shall be deemed to have occurred on the date as of which the Citv Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that.event, the Subdivider agrees that City may,. at its option, declare the bond, instrument of credit; or cash deposit, which has been posted -by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and.recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50'0-of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $1,346.00 including $146.00 —for grog fees. from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider.. In the event the inspection fees exceed the sum of $ 1,346.00 the difference is to be paid, by the City of San Luis Obispo. The City reserve s.the sole discretion in determining -3- the amounts to be.pai.d for salary and expenses of said inspector or inspectors.. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors,, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to: IN WITNESS WHEREOF, this agreement has been executed by: 6th day of July 198 AnnrnvaA ac to fnrm 6th day of July , 1978 % "'S ivllli��idde �i _ it KENNETH E. SCHWARTZ Mavor Kenneth E. Schwartz Attest: s71. H. FITZPATRICK QALtry- Engineer City Clerk J.H. Fitzpatrick i - 4 - Y E s O 2 0 Z ii ' `• �v iA 1 ACe ♦ I1 q .V d \ lo�yfGG� w4Q�t._ � un i e Q It it a 2 a dos eon b , T w Door I A . - 8,� $ n 2 'ij0` • . 8 n ao. a� s tv 1 ` �3{ \ 7 \ A Z y `C q� 01 ~ s i i 0 . -.4 o � RESOLUTION No. 3607 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT POLICE OFFICER JOHN A. HUELSMAN IS DISABLED. WHEREAS, the City of San Luis Obispo is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a con - tracting agency determine whether an employee classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of John A. Huelsman, employed by the City in the position of Police Officer, has been filed with the Public Employees' Retirement System; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED by the Council of:the City of San Luis Obispo, that this Council finds and determines and it does hereby find and determine, that such disability is a result of injury or disease arising out of and in the course of employment; and BE IT FURTHER RESOLVED that the effective date of said retirement is June 8, 1978, the date'after he ' completed using.all his sick leave :after being declared permanent and stationary on May 22, 1978 by his doctor; and BE IT FURTHER RESOLVED that there is not a possibility of third -party liability present. On motion of Mayor Schwartz , seconded by Councilman Petterson and on the following roll call vote: R 3607 O Resolution No. 3607 J (1978 Series) AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ... and ATTEST y C J. H. Fitzpatrick Approved as to f rm: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LI Y City Attorney 1 , By Allen Grimes this 5th day of July , 1978. S Approved as to content: City Adminisfi-ativ,16.0fficer Personnel Director o • RESOLUTION NO. 3606 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF-SAN LUIS OBISPO AMENDING RESOLUTION NO. 35309 TO CORRECT AN EXHIBIT FOR GENERAL PLAN AMENDMENTS ADOPTED MARCH 21, 1978. WHEREAS, the Council has previously adopted amendments to the Land Use and Growth Management Element of the General Plan by Resolution No. 3530; and WHEREAS, said resolution incorrectly designated a certain area located between, Foothill Boulevard, North Chorro Street, and Ferrini Road; and WHEREAS, the intent of the Planning Commission and City Council was to change the location of a boundary between land use designations to better reflect the boundary determined during rezoning proceedings: NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The "Map Changes" exhibit from Resolution 3530 is corrected as shown in the attached Exhibit "A ", which is incorporated herein by reference; 2. Community Development staff shall see that the corrected land use designation is reflected in materials on file, on public display maps, and in information made available to the public. On motion of _Mayor_Schwartz seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz NOES: None ABSENT: None he foregoing resolution was passed and ATTEST: Ci r< J. . Fitzpatrick Approved as to fol. WENDT, MITCHELL, NSHEIMER, de la MOTTE & LL Y City Attoroey A by Allen Grimes S 5th day of July , 1978. Approved as to content: .giAr• City Administrati Officer A � R 3606 Community Devel ment Director Q z W OL ca i l_ uXj N LU co m Q 10 Ylll31S3 1J Aa \ w +- rn Z c0 n J EL J Q L 0 w Z Q 2 U M c d a "e 1S ii3NN315 vi 10 Ylll31S3 1J Aa \ u� o F a rtunr O 2 n � /b3Sb' F eT M31A:S3dwVUS " •2° 'NO 3e0tl�AS ay cl iY O 4b y w V U \a nvE t R fl p H91H = ;7 `u � Oaa� l Z ��lDJ W 0 w cc A <s� y Q Will �! 1 Iri Z in ,:'��K. Y.�':4;M!:.,.a•:�: ::�:�.�:�: I O w 'gym � f p >> it Ix ;000�a NO�Nf10 0 `ate g o v1i'' �� 160• / /.'./ S11WIl Ally / 3Btll j a ............... ............... "� �? sc ;`Nl JItl1577 / !• J ...................... ..... ..... 3N'di :....: ::.n,3f" IS tlst':) °Z s 1 GU�ab' OUt cc VpLJ- tL Is RESOLUTION .NO. _ 3605 (1978 SERIES) A RESOLUTION OF INTENTION TO GRANT AN INDETER- MINATE FRANCHISE TO SOUTHERN CALIFORNIA GAS COMPANY. WHEREAS, Southern California Gas Company has requested renewal of its franchise; and' WHEREAS, the City Council deems it to be in the public interest to award an indeterminate franchise for providing gas service to Southern California Gas Company NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That in accordance with Article XIII of the 1955 San Luis Obispo City Charter, the City Council hereby declares its intention to grant a franchise to Tay'pipes: and deliver gas in the City of San.Luis Obispo to SOUTHERN CALIFORNIA GAS COMPANY for an indeterminate period. SECTION 2. The terms and.conditions of said franchise shall be as set forth in the ordinance proposed for adoption and in the application of the proposed Grantee, copies of which are on file in the Office of the City Clerk, City Hall., 990 Palm Street, San Luis Obispo, California.. SECTION 3. A public hearing shall be held on August.l 1978, at 7.00 P.M. in the Council.Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, when any person having any interest therein or any objections to the granting thereof may appear before the City Council and be heard thereon. R 3605 AG:ktm 6/12/18 Resolution No. 3605 (1978 Series) So. Calif. Gas Co_ SECTION 4. The City Clerk shall publish this Resolution in the Telegram- Tribune,.a newspaper published and circulated in said city at least once, within fifteen (15) days of its passage.. On motion of Councilman Petterson ; seconded by Mayor Schwartz. and on the following roll call vote: AYES:. Councilmen Dunin, Jorgensen, Petterson,. Settle and Mayor Schwartz NOES: None ABSENT: None the following resolution was passed and adopted this 5th day of July , 1978. ATTEST:. CiW'C Jerk J.H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attor y By Allen Grimes City Administra 'vlfficer e , ;' • ineer F AG:ktm =2- 5/12/78 11 C (To be used where Gas Company does not own a Constitutional Franchise) APPLICATION OF ---- SOUT521Ui...0 CALIF' 0. 13NTA ... GAS ... CDMPANY --------- --- ------ -- --- — ------ - ----- _----- - - - - -- (Name of Applicant) FOR A GAS FRANCHISE PURSUANT TO THE PROVISIONS OF DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937. To the ...... CITY COUNCIL .............................................. •--•-•---- -.....•---- ....•----- ... .... - - (Name of Legislative Body). - - --- CITY.. -OF _SAN LUIS _- OBISPO . ... . ......................................................... (Name of Municipality) California. Gentlemen: The undersigned applicant hereby makes an application, under and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, for a franchise, and, in compliance with the provisions of Section 6231 thereof, states: (a) The name of the applicant is..SOUTHERN__ CALIFQRIgIA ... GAS..- COMPANY The applicant is a corporation organized and existing under and by virtue of the laws of the State of California and engaged as a public utility corporation in transmitting and distributing gas for all pur- poses to consumers in various municipalities and communities in the State of California, including the .CITY ... OF ... AN-_. LU_1B.._. QB.. LS13Q ............... :.... •----- ------ -- - - - - -_ -------------- w .......... :_..................................................... (Name of Municipality) (b) The purpose for which the franchise herein applied for is desired is to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist within the CITY OF SAN LUIS OBISPO (Name of Municipality) The term for which the franchise herein applied for is desired is indeterminate, as defined in Sec- tion 6264 of the Public Utilities Code of the State of California. (c) The applicant, if granted the franchise herein applied for, will pay to the ......... - .... - ........ - ... -. -... CITY OF SAN LUIS OBISPO (Name of Municipality) during the life of such franchise, two per cent (2 %) of the gross annual receipts of applicant arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one per cent (I 17o) of the gross, annual receipts of applicant derived from, the CITY OF SAN LUIS OBISPO sale of gas within the limits of the ............................................................... - .... - ........... — under said gas franchise. (Name of Municipality) Dated this ---------- 194 ----- day of ..................... 44.y 19- - ---78 Secretary Address: 810 South Flower Street, Los Angeles, California. FORM 2435 -A SOUTHERN CALIFORNIA GAS COMPANY .................. ..................................................... ....................... a of Applicant) By- --- ........ Seni or Vice P sident • RESOLUTION NO. 3604 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF MINOR SUBDIVISION 78 -104, LOCATED AT 2121 MONTEREY STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision 78 -104 and the Planning Commission's recommendations, staff recommendations, and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan: 2. The site is physically suited for the proposed type and density of development which is permitted by the C -T zone.. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or us of,. property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Minor Subdivision 78 -104 be subject to the following conditions: 1. Separa et sewer laterals be provided for each lot subject to approval of the City Engineer. A private easement may be necessary across lot 1 for lot 2. 2. Separate water services shall be provided. 3. Full width sidewalk shall be provided across the entire frontate (sidewalk to be paved to the property line). 4. Driveways shall be constructed as shown on tentative parcel map. 5. Drainage easement across the north corner of the property shall be dedicated to the city subject to approval of the City Engineer (existing .drainage swale). 6. Private easements shall be provided for cross lot drainage to the approval of the City Engineer and shall be shown on the final map. 7. The applicant shall dedicate.suff icient right -of -way along the creek bank to allow for widening of San Luis Creek to its ultimate width (100 year storm) plus a 15' wide maintenance easement along the top of the creek.bank. 8. The applicant shall construct four additional parking spaces on lot 2 per his plan. R 3604 Resolution for MS 78 -104 Page 2 9. Evidence shall be provided that the applicant has the right to use the property next door for a driveway. . 10. Both buildings facing the proposed interior lot line shall be provided with one.hour fire protection per Uniform Building Code. On motion of Councilman Jorgensen seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Jorgensen, Settle, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Dunin the foregoing resolution was passed and ATTEST: y C r .H." Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTE & LILLEY City Attorney t by Allen Grimes drs 6/16/78 his 5th day of July , 1978. . Sc Approved as to content: City Engineer �J RESOLUTION NO. 3603 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 706 LOCATED ON THE SOUTHEAST CORNER OF SOUTHWOOD DRIVE AND LAUREL LANE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Tract 706 and the Planning Commission's recommendations, staff recom- mendations, and reports thereon, grants approval of the tentative map for Tract 706 be subject to the following conditions: 1. The buildings be modified so as to comply with current building code standards for noise insulation between units only. 2. 180 cubic feet of lockable storage be provided for each dwelling unit. 3. Smoke detectors be installed per city code requirements. 4. Street frontage improvements shall be repaired to the satisfaction of the Public Services Director. 5. A drainage plan shall be submitted and existing drainage deficiencies shall be corrected to the satisfaction of the City Engineer. 6. Vehicular access rights to Laurel Lane other than at-three existing drive- ways shall be dedicated to the city. 7. A storm drain access easement over existing driveways shall be granted to the city. 8. The eight foot wide drainage easement under unit 26 shall extend to the tract boundary. 9. A note shall be placed on the final map and on the agreement stating that the city shall not be responsible for any drainage or repairs to said unit if reconstruction or repair to said storm drain is necessary. 10. Standard handicap ramps shall be installed at Laurel and Southwood. 11. Street lighting shall meet._current_ city standards. 12. Conditions, covenants, and restrictions shall be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: a. Creation of a homeowner's association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area including driveway and all building exteriors in a first class condition. b. Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowner's association fails to perform, and access the homeowner's association for expenses incurred. c. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e. No outside storage of boats, campers, moterhomes and trailers, nor long -term storage of inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. Homeowner's association to provide for maintenance and repair of private sewer lines. h. No change in city required provisions of CC &R's without prior City Council approval. R 3603 Resolution No. O Page 2 Tract 706 i. Units shall be sold by the subdivider initially only to persons who will occupy the units. 13. Final map shall note public utility easements acceptable to the utility companies and city. engineer. 14. A building condition survey shall be prepared by an engineer or architect to evaluate deficiencies in building foundation, electrical, plumbing, roof and heating systems. Major deficiencies shall be cor- rected prior to approval of the final map to the approval of the com- munity development director. 15. Subdivider shall comply with State Map Act requirements for written notice to tenants intention to convert and grant to tenants a first right to purchase. 16. Additional fire hydrants shall be installed along the property frontages consistent with city spacing standards. 17. Subdivider shall pay construction tax for parks of $150.00 per unit if deemed applicable by the city attorney. On motion of Councilman Jorgensen, seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None The foregoing resolution was passed a ATTEST: Memo AS TO FORM: o' . APPROVED AS TO CONTENT: Wendt, chell, Sinsh er, de la Motte Lill ity Attorne en Grimes �� it II II � j IIIIII��III II city of sin lugs oBIspo CITY ATTORNEY'S OFFICE Post Office Box 321 • San Luis Obispo, CA 93406.805/541 -1000 July 14, 1978 MEMORANDUM: To J. H. Fitzpatrick, City Clerk From Allen Grimes, City Attorney P)le^ Subject Resolution No. 3603, Tract 706: Condominium conversion, Southwood Chalets I am forwarding the attached resolution on to you for processing without my signature. The reason for the absence of my signature is explained in the attached memorandum which this office furnished to the City Council on this matter at the time the resolution was adopted. AG:ktm enc . I' !i il;l. jlp �i nl III li ill it I I f il�'II � III' lll� Il��i III�III II II III Ilil'll�I ICI III �III�I� II I IIIII -III ��I ��II II I II II I it �tl 111,I� i III.111 illli j��l, lli ,1 ,III, flqt Ij� ,III MEMORANDUM :. O city of san Wis Iois® CITY ATTORNEY'S OFFICE Post Office Box 321 a San Luis Obispo, CA 93406 u 805/541 -1000 June 28, 1978 To Honorable Mayor and City Council From : Allen Grimes, City Attorney Subject Tentative Map for Tract 706: Southwood Chalets: Condominium Conversion SITUATION On the agenda for the council meeting of July 5, 1978, is the consideration of the above condominium conversion. The planning commission by a vote of 4 -2 recommended approval subject to the conditions discussed in the staff report. BACKGROUND This office has been contacted by the applicant on numerous occasions and has been furnished opinions by applicant's various legal counsel involving issues which have arisen as a result of pro- posed actions on the conversion initiated by city agencies. Upon being contacted by the Community Development Department when this and other condominium matters first arose, I recommended that a moratorium ordinance be adopted under the authority of Government Code Section 65858 with those projects in the pipeline being excepted. The City Council subsequently indi- cated it did not favor this proposed policy. LEGAL ISSUES.: This application was then advanced in processing. The legal question then arose as to whether the city had the lawful authority to deny the application Experienced municipal counsel for applicant pointed out the existence of Government Code Section 66427.2 which became effective January 1,- 1978. (Senate Bill 1168, Chapter 923, Stats, 1977.) The provisions of this section clearly prohibit a city from denying the approval of a condominium con- version subdivision map on the grounds that the proposed subdivision is inconsis- tent with the general plan or any applicable specific plan unless.such general plan or applicable specific plan contains "definite objectives and policies specifically directed to the conversion of existing buildings into condominium projects." No such objectives and policies are contained in the city's general plan. Moreover, Section 66427..2 provides that a condominium conversion tentative map may not lawfully be denied for any of the following findings': Mayor and Council June 28, 1978 B 66474. Flndinns luatlrvinn ril �p,,.Qxai A legislative body of a city or county shall (lle nv approval of a final or tentative • • • map if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and spe- cific plans. (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) Thai the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the proposed density of develop- ment. (e) That the design of the subdivision or the proposed improvements are likely to cause substantial erfvironmental damage or substantially and avoidably injure fish or wildlife or their habitat. - ' (f) That the design of the subdivision or the type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of Improvements will conflict with easements, acquired by the public at large, for access through or use of, Property within the proposed subdivision. In this connection, the governing body may approve a map if It finds that alternate easements, for access or for use, will be provided; and that these will he substantially equivalent to ones previously acquired by the public• This subsection shall apply only to easements of record or to easements established by judgment of it court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the pro- posed subdivision. (Added by Stats.1974, c. 1:536, p. 3482, $ 4, operative March 1, 1975. Amended by Stats.1975, e. 24, P. 33, § 14, urgency, eff. April 4, 1975.) r On June 8, 1978, I sent a memorandum to the Director of Community Development which stated in part: "While the authority may be hazy, it seems reasonable to me that the city has the authority to deny approval of a tentative map of a sub- division project in the exercise of its police power if the denial is based on findings in a resolution that the granting of approval would jeopardize the public health, safety and general welfare. It seems to me, further, that the reasons for denial will parallel the condominium policies and objectives mentioned-in Section 66427..2 and contemplated for inclusion in the housing element as well as the grounds which you intend to set forth as criteria for approval in the proposed condo- minium conversion ordinance." (underlining added) It now appears that my opinion may possibly have been overreaching. To be on firm ground, the city's general plan.should include definite objectives and policies specifically directed to the conversion of existing buildings into con- dominium projects and these objectives and policies should be translated into code provisions regulating the conversion of condominium projects. At any rate, I wish to inform you that two separate legal counsels have concluded in opinions to the applicant that.the city does not have appropriate legal author- ity to deny applicant's tentative map for condominium conversion. One of these is Daniel J. Curtin, Jr., one of the outstanding authorities on subdivision regu- lations in California, and the other is William G. Holliman, Jr., of McDonough, Holland, Schwartz $ Allen, a former associate general counsel for the League and the attorney who drafted Senate Bill 1168 for Senator Dukemejian. -2- Mayor and Council June 28, 1978 With respect to the proposed conditions, you should be aware that the city's au- thority to impose them is not clear and may result in litigation.. 1. Is the requirement to comply with the current building noise standards reasonable from the point of view of cost, time required to comply and the benefit to the public welfare? 2. While I have not had time to research it fully, I question the legality of the restriction that the units be sold by the subdivider only to people who will live in them. 3. With respect to the building condition survey, applicant is entitled to know the requirements he is to meet at the time the tentative map is approved. 4. There is no legal authority to support the imposition of park in -lieu fees to condominium conversions. For the foregoing reasons, I have not approved the suggested resolution. AG:ktm cc: Administrative Officer City Clerk Community Development Director Floyd Hitchcock, applicant -3- RESOLUTION NO. 3602 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ANNEXATION OF 199 ACRES KNOWN AS THE FERRINI ANNEXATION PROPOSAL. WHEREAS, the owner of 199 acres located at the north city limits next to the Foothill neighborhood is requesting annexation to the city; and WHEREAS, the Local Agency Formation Commission has approved the annexation; and WHEREAS, the annexation request--is consistent with criteria in the city general plan for "minor annexations;" and WHEREAS, the City Council has approved prezoning of the annexation area consistent with the general plan; and WHEREAS, the City Council has approved the applicant's development plan for 51 acres of the annexation area with conditions of approval as a part of the prezoning ordinance; and WHEREAS, the applicant has agreed to grant to the City of San Luis Obispo an open space easement for 148 acres of the annexation as a part of annexation approval, to become effective upon annexation of the property to the city; and WHEREAS, the City Council finds that the annexation is an appropriate addition to the city to permit additional housing and preserve certain areas beyond the urban reserve line for undeveloped open space and certain agricultural uses; and WHEREAS, all procedural. requirements of LAFCO and Municipal Organization Act have been complied with. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis' Obispo as follows- SECTION-1. The property comprising 199 acres approved by LAFCO Resolution No. 78 -6, described on Exhibit "A" and shown on Exhibit "B ", attached hereto, is hereby approved for annexation to the City of San Luis Obispo. SECTION 2. I_n accordance with the provisions of Section 35350 of the Government Code, the City Clerk shall transmit a certified copy of this resolution along with a remittance to cover the fees required by Section 54902.5 of the Government Code to the Executive Officer of LAFCO for processing. SECTION 3. In accordance with the provisions of Section 35255 of the Government Code, the effective date of such annexation shall be the date of recordation with the County Recorder of a certified copy of the Certificate of Completion as provided by Government Code Section 35354.. AG:ktm 7/14/78 Rev. R 3602. Ferrini Annexation Resolution No. 3602 (1978 Series) On motion of Councilman_:Dunin, seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None the foregoing resolution was passed and adopted this 5th day of July, 1978. ATTEST: C' C1 o -T em R. D. Miller Approved as to form: Allen Grimes, City Attorney Approved as to content: i City Administrative 0_ `cer Community Development Depart. By Dan Smith, Senior Planner AG:ktm -2- Rev. 7/14/78 Ferrini Annexation Description A parcel of land being a portion of the Northeast ; of Section 21 and the Northwest ; of the Northwest ; of Section 22; T.30S., R.12E., M.D.M., San Luis Obispo County, California, described as follows: Beginning at the a corner common to said Sections 21 and 22 and running along the west line of the Southwest 4 of the Northwest ; of said Section 22 North 00 12' 00" East, 616.20 feet more or less to a point on the westerly line of Tract 460 as shown on map filed for record in Book 8 at Page 39 of Maps in the office of the San Luis Obispo County Recorder; thence running along said westerly line North 27° 10' 00" West, 292.79 feet more or less to the most westerly corner of said Tract 460; thence continuing along said westerly line North 620 50' DO" East, 151.55 feet more or less to the said west line of the Southwest ; of the Northwest of said Section 22; thence continuing along said west line, North 0° 12' 00" East, 374.12 feet more or less to the Northwest corner of the Southwest ; of the Northwest a of said Section 22; thence .East, 1320.00 feet more or less to the Northeast corner of the Southwest ; of the Northwest % of said Section 22; thence running along the East line of the Northwest , of the Northeast 4 of said Section 22. North 0° 08' 30" West, 859.30 feet more or less to a point on the westerly right -of -way line of California State Highway 05- SLO -01; thence following said westerly right -of -way line North 440 31' 30" West, 38.89 feet more or less to a point; thence continuing along said right -of -way line North 58° 38' 30" West, 33.84 feet; thence continuing along said right -of -way line North 45° 07' 30" West, 632.54 feet more or less to a point on the north line of said Section 22; thence along said north line North 890 53' 20" West, 829.05 feet more or less to the Northwest corner of said Section 22; thence along the north line of said Section 21 WEST, 2640.OQ feet more or less to the Northwest corner of the Northeast 4 of said Section 21; thence SOUTH 2640.00 feet more or less to the Southwest corner of the Northeast of said Section 21; thence EAST 2640.00 feet more or less to the ; corner common to said Section 21 and Section 22 and to the true point of beginning. Containing 199 acres more or less. N O T I C E The provisions of Resolution No. 3602 (1978 Series), "A Resolution of the Council of the City of San Luis Obispo approving annexation of 199 acres known as the Ferrini Annexation Proposal" are not effective until ratified or rejected by the electorate, under the provisions of City Charter Section No. 727, adopted by the voters of the City of San Luis Obispo on June 6, 1978. Section 727 of the City Charter provides as follows: "Section 727. Voter Approval which is dedicated solely and no annexation of territory to approved by a vote of the peo held after the final decision (Adopted June 6, 1978). of Annexations. Except for territory entirely to a.permauent public use, the City shall become effective until .3le at a General or Special Election by the Council to annex such territory." This notice filed at the direction of the City Council July 5, 1978. � J l U �1 I, J.H. PITZPATRICK, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. 3602 (19 78 Series), passed and adopted on the 5th day of July 1978 , by the City Council of the City of San Luis Obispo. i`iITNESS my hand and the seal of the City of San Luis Obispo this 20th day of July FITZPATRICK w CITY CLERK �. } , 1978 f Z / MY1 Z Z 02 w2 o> , . w W W (n} x w � � 1 w 2 U a U 1 ° L� rYltl,. Lij Y° INIl AY9 - - tl0 �l. 3r I u NN • ,tit l u � J i 3AI tl0 Y N /!A1 tYn '�� llli lY oW 1 1 ° 1 a u 1 � Q RESOLUTION No.3601 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY 'a OF SAN LUIS OBISPO ADOPTING .A FRINGE BENEFIT PACKAGE FOR MANAGEMENT PERSONNEL' WHEREAS, there are certain top management personnel employed by the City of.San Luis Obispo who perform duties of a very sensitive and confidential nature; and WHEREAS, it is a common practice in the public and private sector to provide management personnel with special benefits in recognition of their importance to their organization; and WHEREAS, the provision of distinct benefits to management personnel more clearly distinguishes management from the employees and provides incentive for advancement; and WHEREAS, the provision of special benefits assists in the recruitment and retention of high caliber management personnel; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Eligible Employees Employees in the following classifications shall be considered management and eligible for the benefits provided hereafter: City Administrative Officer City Attorney City Clerk City Engineer Director of Community Development Director of Public Services Director of Parks & Recreation Finance Director Fire Chief Personnel Director Police Chief 2. Benefit Package a. Long -term disability insurance guaranteeing 60% of gross salary to age 65 for any sickness or accident after a 90 -day waiting period as outlined in insurance policy. R 3601 ' l t Resolution No. 3601 (1978 Series) b. $50,000 term life insurance including accidental death and dismemberment. c. One -half of employee's health insurance premium paid for retired employee- who elect to remain members of the city's group health plan. 3. Freezinq of Wages and Fringe Benefits If the California State Legislature enacts, and the Governor signs legislation requiring the City of San Luis Obispo to freeze wages and, or, fringe benefits, in order to be eligible for replacement funds lost from property taxes as a result of the passage of Proposition 13, any such increases in salary or fringe benefits set forth in this Memorandum shall be frozen until such restrictions are lifted. On motion of Councilman Petterson , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted ATTEST: Ci Clerk -J.H. Fitzpatrick Approved as to form WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes 26th , day of June , 1978. 0 Approved as to content: City Administrative fficer Z_Z4, 3l k2t, Personnel Dir for RESOLUTION No. 3600 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF INTENTION TO ADOPT A WAGE A14D FRINGE BENEFIT PACKAGE FOR CERTAIN POLICE OFFICER ASSOCIATION PERSONNEL WITHOUT A FORIMAL MEMORANDUM OF UNDERSTANDING WHEREAS, City and Police Officers' Association representatives have been meeting regularly for the past several.weeks in an attempt to agree upon a Memorandum of Understanding concerning a wage and fringe benefit package for certain Police. Officers' Association personnel for the year 1978 -79, all to no avail; and WHEREAS, this Council finds it in the interest of the public and of Police Department personnel themselves to establish.such wages and benefits no later than July 11; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San.Luis Obispo as follows: Pursuant to the Provisions of Section 9 of the Employer - Employee Relations Resolution (No. 3405), the Council hereby gives notice that it intends at its meeting of July 11,1978, to adopt a resolution establishing wages and fringe benefits for Police Department personnel for the year 1978 -79 without first entering into a formal Memorandum of Understanding. Said wages and benefit package is proposed as 'set forth upon Exhibit "A ", attached hereto and incorporated herein. Wherever Exhibit "A" refers to memoranda of understanding, it shall mean a statement of Council action to grant such benefits unilaterally. On motion of Councilman Petterson , seconded by Councilman Settle and oh the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson,.Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 26th. , day of June_, R 3600 Resolution No. 3600 ATTEST: Clerl :I. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney l By Allen Grimes Approved as to content: City Administrate Officer A,t"e Personnel Directo EXHIBIT "A" MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO POLICE. OFFICERS' ASSOCIATION /i MEMORANDUM OF UNDERSTANDING ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum' D This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No: 3405 of the City of San Luis Obispo, which Resolution is hereby incorporated by reference as if fully set forth herein and has been executed by the Administrative Officer on behalf of Management officials of the City and by the San Luis Obispo Police Officers' Association ( SLOPOA) on behalf of the employees occupying the line item full -time employment position classifications set forth in Appendix A. B. It is the mutual understanding of all the parties hereto that this MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and Waiver The parties agree that each party has had full and unrestricted right and opportunity to make, advance and discuss all matters within the scope_ of representation as outlined in Section 7 of Resolution No. 3405. This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. D. Purpose The parties agree that the purpose of this MOU is to promote and provide harmonious relations; cooperation and understanding between the City and the employee covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SLOPOA. E. Recognition The San Luis Obispo Police Officers' Association is hereby acknowledged as the majority representative for the regular and probationary employees occupying the position classifications set forth in Appendix A pursuant to section 10A of Resoltion No. 3405. F. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full.force and effect. The parties hereto shall immediately commence to, in good faith, negotiate for the purpose of replacing any such invalid of illegal provision. G. Freezing of Wages and Fringe Benefits If the California State Legislature enacts; and the Governor signs legislation requiring the City of San Luis Obispo to limit or restrict wages and, or', fringe benefits in order for the City to be eligible for replacement of property taxes lost as a result of the passage of Proposition 13, any such increases in salary or fringe benefits set forth in this Memorandum not take effect until such restrictions are lifted. SLOPOA 7/78 ARTICLE II - DIRECT PAY FOR SERVICES A. Rules Governing Step Increases The rules governing step increases for employees covered by this agreement are included.in the current Salary Resolution with the following modification: Each department head shall be authorized periodically to re- evaluate employees at step .5. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective.. The fifth step may be reinstated at any time upon recommendation of the department head. If the Police Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. B. Wage Scales Each. salary range consists of five steps (l through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest two dollars. ..Step 4 = 95% of Step 5 Step 3 =. 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 In order to establish step 5 of each successive salary range as being 2.63% above the next lower range, the adjusted salary ranges are listed in Appendix B. Effective July 1, 1978, step 5 of range 1 shall be increased 4.56$ above that salary listed in Appendix B with step 5 of each successively higher range becoming 2.63% above step 5 of the next lower salary range, rounded off to the nearest $2.-00. These ranges are listed in Appendix. C. C. Next Year's Meet and Confer Sessions It is agreed that both parties to this MOU shall agree by April 30, 1979. on a list of public agencies whose salary and benefit data shall be used as a guide in deliberations in next year's Meet and Confer Sessions. D. Overtime 1. Police Officers and Police Sergeants.shall receive overtime pay at time =and- one -half, computed at their base rate for all hours worked in excess of forty (40) hours per ,week except for duty involving court time, training periods, or emergency call back which shall be compensated for at straight time except as otherwise provided in this article. 2.. Non -sworn personnel shall receive overtime pay at time - and- one -half for all hours worked in excess of forty (40) hours per week unless they elect to take compensating time off at straight time. SLOPOA 7/78 2 3. All overtime pay shall be authorized in writing by the department head or the.watch commander prior to being compensated. 4. All overtime pay shall be paid to the nearest quarter hour worked where no minimum is authorized.aft_er completion of the first 30 minutes of overtime. 5. Police Lieutenants and the Police Captain shall not be eligible for overtime pay. However, the Police Chief may grant them occasional compensating time off (CTO). There shall be no formal accounting of or cash payoff at termination for such CTO. E. Detective Pay Police Officers assigned as Detectives shall be guaranteed fifteen (15) hours straight time overtime pay per month: Detectives shall be guaranteed one hour minimum towards the 15 hour monthly minimum for each occurrence of call backs. Detective's standby for one week or portion thereof shall likewise be credited towards the 15 hour monthly minimum at the rate of four hours per week. Ail overtime worked in excess of .15 hours per month shall be paid at straight time... F. Court Time Employees reporting for court duty shall be-guaranteed two hours minimum payment_ at straight time except for employees working the morning watch who shall receive three hours minimum straight time pay when responding to court on the same day worked. Two or more court cases occurring within the minimum time period shall be subject, to the same minimum payment. G. Range Qualification Training Sworn personnel below the rank of Captain shall be paid two hours at straight time when participating in range qualification training when off duty. Each sworn employee-who , shoots for qualification shall be provided 100 rounds of practice ammunition during that month. H. Call Back 1: Emergency Sworn personnel called back for emergencies and other unusual occurrences, as declared by the Police Chief or watch commander, shall be paid on a straight time basis with a minimum of four hours at straight time. 2. Training Sworn personnel calLaad back for training sessions authorized by the Police Chief or watch commander, shall be paid on a straight time basis with a minimum of two hours at straight time. I. Standby SLOPOA 7/78 3 Sworn personnel below the rank of Lieutenant on standby, except detectives, shall be compensated one hour's pay for each five (5) hours standby. Such employees shall be paid a minimum of three (3) hours straight time pay when on standby. I� V J. Field Training.Officers The Police Chief may assign up to four (4) Police Officers as Field Training Officers.(FTO) for an indefinite time period based on job performance including productivity and program results. Such appointees shall receive an additional 5% above their base salary while performing PTO duties.' The Police Chief shall have the authority to reassign FTO's when deemed necessary. k. Work Out Of Grade Employees temporarily assigned to work in a higher classification shall receive one step additional pay but in no case more than the top step for the higher classification under the following conditions: 1. the assignment exceeds ten consecutive work days, in which case the step increase becomes effective on the first day of work out of grade. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. L. Roll Call Briefing Ail Police Officers, Detectivesand Sergeants I and IZ shall report for. duty 15 minutes before the start of their shift for roll call briefing and shall be paid 30 of base salary on a quarterly basis. ARTICLE.III - FRINGE BENEFITS A. Health Insurance 4 The City agrees to contribute $82:07 per month for all employees covered by this MOU to be spent first on employee coverage under the Pacific Mutual medical insurance group plan, and second, on dependent coverage or on City approved health or disability plans.: B. Eye Care Insurance The City agrees to contribute $3.50 per month for all employees covered in this MOU to be spent on the City approved eye care plan. C. Retirement The City agrees to provide the Public Employees' Retirement System's lS at age 55 retirement plan to all sworn personnel and the 2% at age 60 plan to all non -sworn personnel. D. Vacation leave Vacation leave is governed by section 2708.7 of the municipal code. Employees with over 25 days vacation leave shall not accrue additional leave until their total days accrued is less than 25 days. E. Holidays The following days of each year are designated paid holidays: January 1 - New Year's Day February.12 - Lincoln's Birthday SLOPOA Third Monday in February - Washington's Birthday 7/78 0 0 Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 - Admission Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day December 25 - Christmas Employee's Birthday State Election Day Federal Election Day When a holiday falls on a Saturday, the preceding Friday shall.be observed. When a holiday falls on a Sunday, the following Monday shall be observed. All.employees on shift duty shall receive 8 hours holiday leave per month. Subject to the approval of the Police Chief, or designated Watch Commander, each employee has the option of taking this time off during the.calendar quarter in which it is earned or being paid at straight time for any unused holiday leave to be disbursed at the end of each calendar quarter. Employees are responsible for scheduling such time off in advance. An employee may elect to carryover up to 3 days of holiday leave at the end of the quarter, being paid off at straight time for any excess leave. F. Sick Leave 5 Sick leave is governed by section 2708.5 of the municipal code. Upon termination of employment by death or retirement, a percentage of the dollar value of the employees' accumulated sick leave will be paid to the employee, or the designated beneficiary or b "eneficiaries according to the following schedule: a) Death - 25% b) Retirement and actual commencement of.PEPS benefits 1) After ten years of continuous employment 10% 2) After twenty years of continuous employment - 15% G. Workers Compensation Leave An employee who is absent from duty because of on -the -job injury in accordance with state workers compensation Taw and is not eligible for disability payments under labor code section 4850 shall be paid the difference between his base salary and the amount provided by workers compensation law during the first 30 days of such disability absence. H. Uniform allowance 1. Each employee shall receive an annual uniform allowance of $260, paid quarterly. This figure equals 15% of the monthly fifth step for Police Officer, rounded off to the nearest $2.00, plus $50. This allowance shall not be paid for any employee.who is off duty due to a job related injury at the start of any calendar quarter. If the employee returns to work during that quarter, his/her uniform allowance will be prorated. 2. The City agrees to provide bullet proof vests to Police Officers for optional wearing. At the discretion of the watch commander, all officers may be required to wear vests. SLOPOA 7/78 I. Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Captain. 1. Basic Benefits. Educational incentive pay shall not start for 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 one -half step for possession of an A.A. or equivalent degree from an accredited community or junior college; and one full step for a B.A. or equivalent degree from an accredited four year college or univerisity or an A.A. or A.S. degree plus the P.O.S.T.. Advanced Certificate. Total incentive pay shall in no case exceed two half= steps. 2. Job Related Fields. Degrees fields and if not, at least the appropriate degree with included. must be in directly job related 30 semester units leading toward a grade of "C" or better must be 3. Application and Approval. Application for.the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the Administrative Officer shall be required. 4. Unsatisfactory Performance. In an event an employee receiving the incentive pay is not performing up to the established standards set for the job, the department head with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the'opinion of the department head and concurred in by the Administrative Officer. 5. Non - Applicability. It is the City's intention not to pay the educational incentive pay for any degree which is required or listed as a desired qualification for the position held by the employee. Educational incentives shall, not be paid for education received on City time. The educational incentive will be removed if the employee is promoted to a position which does not entitle employee to such incentive. 6. Tuition and Books. If an employee or department head holds.a position which does not qualify him for incentive pay, employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with a grade of "C" or better. J. Deferred Compensation The Police Captain and Police Lieutenant shall be allowed to participate in the City's deferred compensation plan. SLOPOA 7/78 i 7 K. Management Benefit Employees filling those positions defined in Appendix A as "management" shall receive $25,000 term life insurance and a long -term disability insurance plan for recognition of their management responsibilities and ineligibility for overtime pay or educaional incentive pay for possession of academic degrees.. L. Medical Fitness The City agrees to implement a program to periodically monitor the medical fitness of sworn employees to perform their required duties. Employees not meeting required standards shall be referred to appropriate medical authorities for necessary care or shall be handled as outlined in section 2708:5.of .the municipal code. M. Alternate Work Schedules Committee An ad -hoc committee shall be appointed by the City Administrative Officer including representatives of the SLOPOA to study alternate work schedules including the 4/10 plan and present their findings and recommendations to the City Administrative Officer by April 1, 1979. N. PERS Valuation Studies The San Luis Obispo Police Officers' Association agrees to pay the cost of an actuarial study to determine the cose of adding the optional benefits known as one year final compensation, post - retirement survivor benefit and 2% @50. The City agrees to request this study by January 15, 1979, but in no way obligates itself to provide one or more of these options in future years. APPENDIX A Covered employees include only those employees in the following classifications in the Police Department. (5) Dispatcher Clerk (2) Parking Enforcement Officer (1) Police Captain * (4) Police Lieutenant (34i Police Officer (4) Police Sergeant I (4) Police Sergeant II *Management employee APPENDIX B Range Step 5 Amount 6p 886. 7 P 910.. 8 P 934. 9p 958. lop 984. 11 P 1,010. 12 P 1,036. 13 P 1,064. 14 P 1,092. 15 P 1;120. 16 P 1,150. 17 P 1,180: 18 P 1,212. 19 p .1,244. 20 p 1,276. 21 p 1,310. 22 P 1,344. 23 P' 1,380. 24 p 1,416. 25 p 1,454. 26 P 1,492. 27 P 1,532. 28 P 11572. 29 P 1,614. 30 p 1,6S6. 31 P 1,760. 32 p 1,744. 33 P 1,790. 34 P 1,838: 35 P 1,886. 36 P 1,936. m Police ' �J 3 APPENDIX "C" SALARY STEP 1 ST -P 2 STEP 3 STEP 4 STEP 5 RANGE 06P 754.00 794. CC 336. CC 8aC. CC 926.00 07P 774.:)0 814. C0 656.GJ 9JZ.G0 S5J.00 08P 794.00 836.00 880.00 ' :Z 6. GU 974.oJ 09P 814.00 856. CC 110.2. CC 950.20 10 CC. C.0 1OP 836.00 880.JJ 926.^_0 974.00 1•J Z6. G0 Lip 856.00 902.00 950.00 1000.00 1G5Z.G0 12P 880.CQ 926.CC 974. CC 1026.00 1C80.CC 13P 9102.00 .950. ^0 1100.00 1052.00 1108.01 14P 928.00 976.00 1028.00 1082.00 1138.00 1 5P 952.00 1002.00 1054. CC L 110. CC 1.1.68.00 16P 976.00 102.8.00 1082.J0 1138.00 1.198.00 17P 1002.00 1054.00 1110.00 1168.00 1230.00 18P 102d.00 1082.00 1136.GO 1196.CC 1262. CC 19P 1056.00 1112.'?O 1170.00 123Z.00 L296.UO 20P 1084.00 1140.00 LZ00.00 1264.00 1330.00 21P 1112.00 L170.00 1232.00 1296.00 1364.0J 22P 1140.CC 1200.00 1264.0J 133C.03 140J.30 23P 1170.00 1232.00 1296.00 1364.00 1436.00 24P 1200.00 .1264.00 1330.00 1400.60. 1474.00 25P 1232.CC 1296.CC 1364.2.0 1436.00 1512.00 26P 1264. 00 1330.00 1400.70 1474.00 1552.00 27P 1296.00 1364.00 1436.00 1512. CO 1592.00 28P 1330.00 14)0.00 1474.;)0 1552.00 16 �4.GJ 25P 1364.00 1436.00 1512.00 1512.00 1676.00 30P 1400.00 1474.00 1552.0C 1634.0 1720.00 31P 1438.00 1514. •')0 1554.03 1678.00 1 7'66.'00 32P 1476.CC 1554.0.0 1636.00 1722.00 18.1Z.00 33P 1.516.00 1596.00 1660.00 1768.CC 1860.00 34P 1.5.54.CC 1636.11 1722.00 1812.00 1908.00 35P 1596.00 1660.00 1168.00 1860.0; 1958.00 36P 1638..GU 1724.01.1 1614.00 1910.00 201C.00 37P 1680. CO 1 768. CC 18bo. uJ 1958.00 20 &2.00 38P 1724.00 1614.CO 1910.00 201C.OJ 211b.00 39P 1768.00 1862.00 1960.00 2064.00 2172.00 40P 1816.CO 1912.JC 2012.J0 2118.01 2230.00