The URL can be used to link to this page

Home My WebLink About3623-3649RESOLUTION NO. 3649 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1978/79 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following General Fund Appropriation be established to provide for revision and updating of the Municipal Code. Account 01- 2208 -119 (20) 01- 0510 -000 01- 0600 -000 Description City Clerk - Other Contract Services Appropriations Unappropriated Balance Amount $5,000. DR. $5,000. CR. $5,000. DR. On motion of Councilman Settle 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 was passed and adopted this 15th day of August 1978. ATTEST: e .H. Ffkzpatrick Approved as to fo en Approved as to content: R 3649 RESOLUTION NO. 3648 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ALLEN GRIMES,,,INC. FOR REVIEW AND "RECOMMENDATION FOR REVISION OF THE MUNICIPAL CODE.. 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 Allen Grimes, Inc., a professional corporation, for review and recommendation for revision of the Municipal Code, 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: Allen Grimes, Inc. On motion of Councilman Settle , 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 was passed and adopted this 15th day of August , 19 78. ATTEST: C�C rerk- .H. Fitzpatrick R 3648 Annroved as to form- Approved as to content: City Adminstrative 0 r 1 � AGREEMENT This agreement, made and entered into this 16th day of August ,1978, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, called "City ", and ALLEN GRIMES, INC., a professional corporation, called "Attorney." and WITNESSETH:. WHEREAS, City desires the updating of its municipal code; WHEREAS, Attorney is experienced in the field of preparing municipal codes and is 'willing to render such service on the basis .hereinafter provided; NOW, THEREFORE, it is mutually agreed as follows: 1. Scope of Work. Attorney will update the San Luis Obispo Municipal Code in accordance with the following provisions: A. Attorney will review the provisions of the Municipal Code and determine those provisions which have been amended by or are in conflict with the general law, are superseded, obsolete or outmoded, or need updating, and include his recommendations in the report mentioned in sub- paragraph F. B. Attorney will review the provisions of the Municipal Code with respect to its procedural aspects and recommend revised procedures.where deemed appropriate.. C. Attorney will review the organizational provisions of the Municipal Code and recommend a proposed reorganization of the code, including title;arrangement of parts, articles, chapters and sections, if needed. Such review.shall also AG:ktm a 7/21/78 ' 1 • O include findings and recommendations as to the code.num- bering system and identification of code contents as to legislative source. D. Attorney will review and revise the provisions of the code index and submit a revised comprehensive descriptive word index after substantive changes recommended have been implemented in the code. E. Attorney will review the style'with respect to con- tinuing reprints of the code to incorporate legislative changes and submit his recommendations on such matters F. Following the initial review of the Municipal Code, Attorney shall submit a written report of his findings and recommendations. All recommendations submitted shall be_ implemented under the supervision and approval of the City Clerk. 2. Reproduction. Attorney shall not be responsible for reproducing material submitted pursuant to this agreement as it does not contemplate the printing of the Municipal Code by Attorney. If printing is desired by City, Attorney shall be provided the opportunity to submit a quotation for printing and related services. 3. Performance. Attorney shall prosecute diligently the work called for by this agreement and shall attempt to complete and submit the work contemplated within eighteen (18) months from the execution of this agreement, but failure to complete the work by that date shall not affect the existence of this agreement or any rights AG :ktm -2- 7/21/78 f e arising under it. Time involved and delays on the part of City in reviewing and returning documents or implementing recommendations made by Attorney in connection with the code shall be deducted in determining the performance period. 4. Compensation. City agrees to pay Attorney for the foregoing services, the following compensation: A. The sum of Five Thousand Dollars ($5,000.00). B. Said compensation shall be payable as follows: (1) The sum of One Thousand Dollars ($1,000.00) upon the execution of this agreement; (2) The sum of One Thousand Dollars ($1,000.00) upon the submission of the report contemplated by subparagraph 1.F; (3) The sum of One Thousand Dollars ($1,000.00.) upon the submission of the typewritten manu- script of the revised comprehensive descriptive word index; and (4) The balance of the compensation upon completion of the work. 5. Legal Decisions. The City Clerk shall accept, reject, or modify any or all of the recommendations submitted by Attorney and shall make all legal decisions and determine all legal questions and be responsible to the City Council for such determinations. AG: kttn -3- 7/21/78 6. Litigation. In the event litigation shall arise out of this agree- ment, the successful party to the litigation shall be entitled to reasonable attorney's fees and other costs. IN WITNESS WHEREOF, this agreement has been executed in duplicate the date and year first above written. CITY OF SAN LUIS OBISPO A Municipal Corporation 4 KTHNETH E. SCHWARTZ By Mayor Kenneth E. Schwartz ATTEST: s71. H. FITZPATRICK City Clerk J. H. Fitzpatrick Approved as to content: City Administrate Officer ALLEN GRIMES, NC. A Professional Corporation l By Allen Grimes AG•ktm ^4-- 7/21/78 ,K f V as follows: RESOLUTION No. 3647 (1978 Series) A RESOLUTION ESTABLISHING SALARY RANGES FOR EMPLOYEE CLASSIFICATIONS, SPECIFYING METHODS OF ADVANCEMENT AND SUPERSEDING PREVIOUS SALARY RESOLUTIONS IN CONFLICT. BE IT RESOLVED by the Council of the City of San Luis Obispo That all previous salary resolutions in conflict herewith are superseded and the following sections are enacted effective July 1, 1978: 1. Salary Ranges. The following salary ranges are adopted and applied to the various classes of positions indicated in Section 2 hereof. 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 (eg: $911.00 = $910 and $911.01 = $912). Step 5 of each successively higher range is 2.63% above the next lower range for each bargaining unit starting at range 6P for the Police Officers Association, 14F for the Firefighters Association and range 1 for the City Employees Association, computed to the nearest two dollars. To calculate hourly salary rates for 40 -hour a week positions, divide the monthly rate by 173.33, the average number of working hours per month. For 56 -hour a week positions, divide the monthly rate by 242.666. RANGE 1 2 '3 4 5 01 62 8. QC 66 309 694.00 730.30 768.00 02 640.00 674.00 710.00 748.00 788.00 03 660.00 694.00 730.00 768.00 808.00 04 674.00 710.CC 748.0+0 788.00 830.03 05 696.CO 732.CC 770.CO 810.00 852.00 06 710.40 748.00 788.09 830.00 874.00 06P 722900 764.00 800.CO 842.00 886.00 J7 732.01 770.00 810.00 852.00 696.00 07P 742.00 780.00 820.00 864.00 910.00 08 748. CC 788.00 830.00 874.00 924.00 08P 762.00 802.00 844.00 888.00 934.00 09 770.00 810.00 852.00 896.00 944.00 09P 780.04 820. CC 864.00 910.00 958. CC R 3647 RESOLUTION No. 3647 O O • (1978 §eries) RANGE 1 2 3 4 5 10 788.00 830.00 874.00 920.00 968.00 lop 802.00 844.00 888.00 934.00 984.00 11 810.00 852. CC 896. OC 944.00 994.00 11P 822.00 866.00 912:00 960.00 1010.01 12 832.00 876.00 922.00 970.00: 1020.00 12P 844.00 888.00 934.00 984.00 1036.00 13 852.00' 896.00 944.00 994.00 1046.100 1.3P 866.00 912.00 960.00 1010.00 1064.00 14 876.00 922.00 970.00 1020.00 1074.00 14F 880.00 926.00 974.00.„ 1026.00 1380.00 14P 890.00 936.00 986.00 1038.00 1092.00 15 896.00 944.00 994.00 '1046.00 1102.00 15F 902.00 950.00 1000.00 1052.00 1108.00 15P 912.00 960.00 1010.00 ,•1064.00 1120.00 16 922.00 970.00 1020.00 1074.00 1130.00 16F 928.00 976.00 1028.00 1082.00 1138.00 16P 936.00 986.00 1038.00 1092000 1.150.00 17 944.00 994.00 1046.00 1102.00 1160.00 17F 952. C0 1CO2.00 1054. CO 1110.00 1 "1 "68.03 17P 962.00 1012.00 1066.00 1122.00 1180.00 18 970.00 1020.00 1074.00 1130.00 1190.00 18F 976.00 1028.00 1082.CC 1138.00 1198.00 18P 988.00 1040.00 1094.00 1152.00 19 7-.... ,994.00 1046.00 1102.00 1160.00 _1212.00• 122 .110 19F k902.00 1054.00 1110.00 1168.00 i'23C:iJO, `19P 1012.00 1066.00 1122.00 1182.00 1Z4*4.JOr . 20 1022.00 1076.00 1132.00 1192.00 1254.. Qty; 20F 1.028.00 1082.00 1138.00 1198.00 20P 1040.CO 1094.00 1152.00 1212.00 li7b.t1� 21 1046.00 1102.00 1160.00 1222.00 1286.00 21F 1056.00 1112.00 1170.00 1232.00 1296.00 21P 1066.00 1122.00 1182.00 1244.00 1310.00 22 1076.00 1132.00 1192.00 1254.00 1320.00 22F 1084.00 1140.00 1200.00 1264.00 1330.00 22P 1094.00 1152.CC 1212.00 1276.0'0 1344.00 23 1102.00 1160.00 1222.00 1286.00 1354.00 23F 1112.00 1170.00 1232.00 1296.00 1364.00 23P 1124.CC 1184.CC 1246.00 1312.00 1380.00 24 1132.00 1192.00 1254.00 1320.00 1390.00 24F 1140.00 1200.00 1264.00 1330.00 1400.00 24P 1154. CC 1214. CC 1278.00 1346.00 1416.00 25 1160.00 1222.00 1286.00 1354.00 1426.00 25F 1170.00 1232.00 1296.00 1364.00 1436.00 25P 1184.00 1246.00 1312.00 1382.00 1454.00 26 1192.00 1254.00 1320.00 1390.00 1464.03 26F 1200.00 1264.00 1330.00 1400.00 1474.00 26P 1216.00 1280.00 1348.00 1418.00 1492900 27 1222.00 1286.00 1354.00 1426.00 1502.00 27F 1232.00 1296.00 1364.00 1436.00 151.2.00 27P . 1248.00 1314.00 1384.00 1456.00 1532.00 28 1254.00 1320.00 1390.00 1464.00 1542.00 20F 1264.00 1330.00 1400.00 1474.00 1552.00 28P 1282.00 1350.00 1420.00 1494.00 15724CO 29 1286.00 1354.09 1426.00 1.532.00 15.82.00 29F 1296.00 1364.00 1436.00 1512.00 1592.00 29P 1316.00 1386.00 1458.00 1534.00_ _ _1415_.00_ -2- RESOLUTION No. 1 (1978 Series) RANGE 30' 1320.00 3OF• 1330.00 30P 1350.00 31 1354.00 31F 1364.00 3'1 P_ 1388.00 32 1390. CC 32F 1400.00 32P 1422.00 33 1426, CC 33F 1438.00 33P 1460 *00 34 1464.00 34F 1476.00 34P 1498.00 35 _ 1504.00 -.,' 35f-:'-' 1516.00 3.5P' ;1536.00 •36 r ` 1544.00 36F 15$4.00 36P 1518. 00 37 1584.00 37F 1596. CC 37P 1616.00 1390.00 1464.00 1400.00 1474.00 1422.00 `1496.00 1426.00- 1502.00 1436.00 1512.00 1460.00 1536.00 1464.00 1542.00 1474.00 15.52.00 1496.00 1574,00 1502.00 1582.CO 1514.00 1594.00 1536.00 1616.00 1542.00 1624.CC 1554.00 1636.00 1576.00 1658.00 1584.00 1668,00 1596.00 1680.00 1616.00 1702.00 1626.00 1712.00 1636.00 17.22.00 1660.00 1748.00 1668.00 1756.00 1680.00 1768,00 1702.00 _ 1792.00_ 4 5 1542.00 1624.00 1552.00 1634.00 1574.00 1656.00 1582.00 i666.03 1592.00 1676.00 1616.00. 1700.00 1624.00 1713.00 1634.00 1 720. GO 1656.00 1744.00 1666.00 1754.00 1678.00 1766.00 1700.00 1790.00 1710.40 18-3.00 1722,00 1812.00 1746.00 1838.00 1756.00 - _ 1848.Q0_ 1768.00 1860.00 1792.00 1886_30 1802.00 1896.00 1812.00 1908.00 184q.00 1936.00 1848.00 1946.00 1860.00 1958.00 1886.00 1966.00 2. Titles and Ranges. The classes of positions shall each have the salary range shown opposite the title in this section. RANGE CODE TITLE 1 2 3 4 5 02 114 CLERK TYPIST I 640.00 06 115 CLERK TYPIST Ii 710.00 06 123 ACCOUNT CLERK 1 710.00 674.00 710.00 748,00 788.00 748.00 788.00 830.30 874.' 00 748.00 .788:00 830.00 874.00 07 501 LABORER 732.00. 770.00 810.00 852.00 08 117 ADMIN SERVICES CLERK 748.00 788.00 830.00 874.00 08 121 ACCOUNT CLERK II 748.00 788.00 830.00 874.00 08 527 JANITOR 748.00 788.00 830.00 874.00 09 141 SECRETARY II 770.00 810.00 852.00 896.00 09 506 GROUNDS:�'TO'1ZETt I 770.00 810.00 852.00 896.00 09P 131 DISPATCHER CLERK (POLICE) 760.00 820._00 864.00 910.00 09P 802 PARKING ENFORCEMENT OFF 786.00 820.00 864.00 910.00 09P 803 POLICE FIELD SERV TECH 780. O 820.00 864.03 910.00 10 203 DR7IFTING TECHNICIAN'` 180.00 820.00' 864.00 910.00 11 142 SECRETARY III 810.00 852.00 896.00 944.00 it 531 STREET MAINT WORKER I 810.00 852.00 896.00 944.00 11 541. UTILITIES MAINT-NKR I 810.00 852.00 896.00 944.30 _ 12 395 HUMAN RELATIONS ASSISTANT 8.32,00-`..816,00 -3- 896.00 920.00 920.00 920.00 944.00 944.. 00 858.00 .938.. c 95,8.00 95'$.00 -994.00 994.00 994.00 922,00 970.0J 1020.00 i O C RESOLUTION No...3647 P.ANGE CODE ?sTAFr ,L - ;: ' T R TITLE 1 13 145 LEGAL SECRETARY 852.00 13 538 PARKS MAINTENANCE WORKER 852.00 13 522 TREE MAINT WORKER 1 852.00 13 530 STREET 14AIIIT PAINTER 852.00 13 532 S- R.EE "T MAINT WORKER 11 852.00 14 14 14 14 14 14 14F 15 15 15 16' 16 17 205 542 605 608 641 S05 7C9 150 523 610 615 671 528 ACCOUNTING TECHNICIAN UTILITIES MAINT WKR II WATER METER REPAIRER PARKING METER REPAIRER WATER SUPPLY CPER I ADMINISTRATIVE AIDE FIRE PREVENTION SPECIALST ADMINISTRATIVE SECTY TREE MAINT WORKER Ii HEAVY EQUIPMENT OPER PAINTER UTILITY PLANT OPER I BUILDING MAINT LEADER 876.00 876.00 876.00 876.00 876.00 876.00 2 3 896.00 944.00 896.00 944.00 896.00 944.00 896.00 ,944.00 896.00 -. 944.00 922.00 970.00 922.00 970.03 922.00 970.00 922.00 970.00 922.00 970.00 922.00 970.00 (1978 Series) 4 994.00 994.00 994.09 994.00 994.00 10'20.00 1020. 00' 1020.00 1020-.00 1020.00 1020.00 5 1046.00 1046.00 104600 1046.00 1046.00 1074.00 1074.03 1074.00 1074.00 1074.00 1074.00 880.CC 926.00 974.00 1026.00 1080.00 896.00 944.00 994.00 1046.00 1102.00 896.00 944.00 994.00 1046.00 1102.00 896.00 944.00 994.03 1046.00 1102.00 922.00 970.00 1020.00 1074.00 1130.00 922.00 970.00 1020.00 1074.00 1130.00 944.00 994.00 1046.00 1102.00 1160100 18 207 ?sTAFr ,L - ;: ' T R 970.00 1020.00 1074.00 1130.01 1190,00 18 208 PLANNING TECHNICIAN 970.00 1020.00 1074.00 1130.00 1190.00 18 215 ENGINEERING TECHNICIAN 970.00 1020.00 1074.00 1130.00 119C.00 18' 533 STREET MAINT LEADER 970.00 1020.00 1074.00 1130.00 1190.00 18 642 WATER SUPPLY OPERATOR II 970.00 1020.00 1074.00 1130,00 1190.00 18F 621 FIRE VEHICLE MECHANIC 976.00 1028.00 1082.00 1138.00 1198.00 20 543 20 663 20 672 21 3,15 21` _ 562 ZEE' 705 22P 22P UTILITIES MAINT LEADER HEAVY EQUIPMENT- MECH' UTILITY PLANT OPER. 11 RECREATION SUPERVISOR PARKS MAINT SUPERVISOR FIREFIGHTER 1022.00 1076.00 1132.00 1192.00 1254.00 1022.00 1076.00 1112.00 1192.00 1254.00 1022.CC 1076.00 1132.00 1192.00 1254.00 1046.00 1102.00 1.160.00 1222.00 1286.30 1046.00 1102.00 1160.00 1,222.00 1286.00 1056.00 1112.00 1170.00J4-42-100 1296.00 -4- 544 UTILITIES MXffiT,'S,UPV 1076.00 1132.00 1192.00 1254.00 1320.00 810 POLICE OFFICER 1094.00 1152.00 1212.00 1276.00 1344.00 815 POLICE OFFICER I-F.T.O._ :) 1094.00 1152.00 1212.00 1276.00 1344.00 -4- -5- o 0 RESOLUTION No. 3647 (1978 Series) RANGE CODE TITLE 1 2 3 4 5 Z2� 0 L c 1094.00 11522.50.11 -12.00 1276.00 1344.00 23F 707 d FIRE ENGINEEQ 1112.00 1170.00 1232.00 1296.00 1364.04• 23F 710 FIRE PREVENTION INSPECTOR 1112.00 1170.00 1232.00 1296.00 1364.00 24 330 PLAN CHECK ENGINEER 1132.00 1192.00 1254.00 1320.00 1390.00 24 335 ENGINEERING ASSISTANT 1132.00 1192.00 1254.00 1320.00 1390.00 24 350 PLANNING ASSISTANT 1132.00 1192.07 1254.00 1320.03 1390.00 24 642 WATER SUPPLY SUPERVISO -: 1132.00 1192.00 1254.00 1320.00 1390.00 24 651 BUILDING INSPECTOR 1132.00 1192.00 1254.00 1320.00 1390.00 24 664 SUPV HEAVY EQUIP MECH 1132.00 1192.00 1254.00 1320.00 1393.00 24 681 PUBLIC WORKS INSPECTOR 1132.00 1192.00 1254.00 1320.00 13.90.00 25P 830 POLICE SERGEANT 1 1184.00 12+6.00 1312.00 1382.00 1454.00 26 337 ADMIN ASST /PUBLIC SERV 1192.00 1254.00 1320.00 1390.00 1464.00 26 340 ACCOUNTANT 1192.00 1254.00 1320.00 1390.00 1ti64.00 26 673 UTILITY PLANT SUPV 1192.00 1254.00 1320.00 1390.00 1464.00 27 563 BLDG & PARKS MAINT SUPT 1222.00 1286.00 1354.00 1426.00 1502.00 28F 715 FIRE CAPTAIN 1264.00 1330.00 1400.00 1474.00 1552.00 28F 720 r-IRE CAPTAIN (TRAINING) 1264.00 1330.00 14013.00 1474.00 1552.00 28F 713 FIRE PREVENTION INSP /ARSON 1264.00 1330.00 1400.00 1474.00 1552.00 28P 835 POLICE SERGEANT II 1282.03 1350.00 1420.00 1494.00 1572.110 29 351 PLANNING ASSOCIATE 1286.00 1354.00 1.426.00 1502.00 1582.00 30 405 CHIEF BUILDING INSPECTOR 1320.00 1390.00 1464.00 1542.00 1624.00 31 352 SENIOR PLANNER 1354.00 1426.00 1502.00 1582.00 1666.00 31 355 TECH SERV COORD. P.O. 1354.00 1426.00 1502.00 1582.00 1666.00 31 360 ENGINEEPING ASSOCIATE 1354.00 1426.00 1502.00 1582.00 1666.00 32 415 STREET SUPERINTENDENT 1390.00 1464.00 1542.00 1624.00 1710.00 33F 725 FIRE BATTALION CHIEF 1438.00 1514.00 1594.00 1678.00 1766.00 33F 730 FIRE MARSHAL /GATT CHIEF 1438.00 1514.00 1594.00 1678.00 1766.00 33P 840 POLICE LIEUTENANT 1460.00 1536.00 1616.00 1707.00 179D.00 34 425 UTILITIES ENGR /SUPT 1464.00 1542.00 1624.00 1710.00 1800.00 37P 850 POLICE CAPTAIN 1616.00 1702.00 1792.00 1886.00 1986.00 (1) The first step is the minimum rate and shall normally be the hiring rate: for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is hired, the Administrative Officer may authorize hiring at any step. -5- RESOLUTION No. 3647 (1978 Series) (2) The second step is an incentive adjustment to encourage an employee to improve his work. An employee may be advanced to the second step following the completion of six months satisfactory service upon recommendation by his department head and the approval by the Administrative Officer. (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced and ordinarily conscientious employee,may expect to be paid after a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of six months service at the second step, provided the advancement is recommended by the department head and approved by the Administrative Officer. (4) The fourth step is to be awarded only in case of work which is well above average for the class. An employee may be advanced to the fourth step after completion of one year of service at the third step Provided the advancement is recommended by the department head and approved by the Administrative Officer. (5) The fifth step is intended An employee may be advanced two pears .service (one year at the fourth step provided justified in writing by the Administrative Officer. is a reward for outstanding performance. to the fifth step after completion of for police officers, beginning level) the advancement is recommended and department head and approved by the (6) The above.criteria for step increases apply except where other arrangements are authorized at the time of appointment or promotion by the Administrative Officer. In applying the above rules, the next step shall be granted, other conditions having been met., on the following basis: (1) For those having an anniversary date on the 15th of the month or earlier, the increase shall be effective on the first of that month.... (2) For those having an anniversary date_ on the 16th of the month or later, the increase shall be effective the first of the following month.' Should the employee not be increased, it shall be the privilege of the department head and Administrative Officer to reconsider such increase at any time during the year. 4. Part -time Employees. The following salary schedule shall govern employees working in the listed job classifications on a part -time basis Employees working part -time in positions listed elsewhere in this salary resolution shall be compensated at the hourly rate equivalent of the first step of their salary range. where more than one rate exists, advancement to a higher rate is based on satisfactory performance of assigned duties as recommended by the department head plus the experience requirement. RESOLUTION No. 3647 O (1978 Series) Title Grade Experience Hourly Rate 1 First 500 hours S2,30 Crossing Guard 2 Over 500 hours 2.64 Youth Corps Worker 1 First summer 2.65 2 Second summer 2.,75 Dispatcher (Fire) 1 First two years 2.30 2 After two years 2.40 Drafting Aide 1 First 500 hours 3.66 2 Over 500 hours 4.07 3 Over 1000 hours 4.52 4 Over 1500 hours 5.02 5 Over 2000 hours 5.58 Grade 5 equals the 5th step of range 10, Drafting Technician. Each lower step equals 90% of the next higher step. Planning Aide 1 First 500 hours 3.66 2 Over 500 hours 4.07 3 Over 1000 hours 4.52 4 Over 1500 hours 5.02 5 Over 2000 hours 5.58 Grade 5 equals the 5th step of range 10, Drafting Technician. Each lower step equals 90% of the next higher step. Police Reserve Officer Court Duty 6.31 This rate equals the first step of Police Officer Clerical Aide 1 First 500 hours 2.98 2 Over 500 hours 3.31 3 Over 1000 hours 3.68 4 Over 1500 hours 4.09 5 Over 2000 hours 4.55 Grade 5 equals the 5th step of range 1, Clerk Typist I. Each lower step equals 90% of the next higher step. Recreation Leader I 1 First 250 hours 2.55 2 Over 250 hours 2.70 3 Over 500 hours 2.90 Recreation Leader II 1 First 250 hours 2.90 2 Over 250 hours 3.05 3 Over 500 hours 3.25 Staff Assistant 1 First 250 hours 3.40 (Recreation) 2 Over 250 hours 3.65 3 Over 500 hours 3.90 Lifeguard 1 First 250 hours 2.55 2 Over 250 hours 2.70 3 Over 500 hours 2.90 Senior Lifeguard 1 First 250 hours 2.90 2 Over 250 hours 3.05 3 Over 500 hours 3.25 -7- RESOLUTION No. 3647 Title Firefighter Reservist Groundsworker C; 'J (1978 Series) Grade Experience Training Response to fire or other emergencies 1 First 250 hours 2 Over 250 hours 3 Over 500 hours Hourly Rate $3.00 4.00 2.30 2.40 2.50 On motion of Councilman Settle 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 was passed and adopted this 15th day of August , 1978. ATTEST: r Ci erk . . °'tzpatrick Approved as to fo . City Attorney Allen Grimes Approved as to content: .. -/C Uav,— Personnel Directo Resolution N6.3718(1978 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO.! 3647,.,(;SALARY RESOLUTION) BY PROVIDING FOR PAYMENT OF FIREFIGHTER RESERVISTS PERFORMING DISPATCHING DUTIES WHEREAS, the Fire Department has developed a reserve program to improve service delivery, WHEREAS, the Firefighter Reservists are currently paid $3.00 an hour while training and $4.00 an hour while responding to fires or other emergencies, WHEREAS, providing payment to Firefighter Reservists while dispatching would increase the available pool of qualified part -time dispatchers. NOW, THEREFORE,. be.it resolved by the Council of the City of San Luis Obispo to amend Resolution No. 3467 as follows: SECTION 1. Employees in the classification of Firefighter Reservist may be assigned to perform dispatching duties and be compensated at the rate of $3.00 an hour.. On motion of Councilman Settle_ _ 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 was passed and adopted this 21st day of November, 1978. s( KENNETH E. SCHWARTZ ATTEST: Mayor Kenneth.E. Schwartz s7 H. FITZPAMICK City Clerk J.H. Fitzpatrick Approved as to form: City Attorney - zt'�jq" e l , Personnel Direc r R 3718 tJ �J RESOLUTION NO. 3646 (1978 Series) A RESOLUTION LEVYING A TAX FOR THE 1978 -79 FISCAL YEAR UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF SAN LUIS OBISPO AND FIXING THE RATE,OF SUCH TAX. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 51511 of the California Government Code, there is hereby levied upon all taxable real and personal property within the City of San Luis Obispo, County of San Luis Obispo, State of California, a tax for the 1978 -79 fiscal year of said City, beginning on the first day of July, 1978, and now current, of $1.19 on each One Hundred Dollars ($100.00) in value of said property, for the purposes herein specified and apportioned among the funds in the City treasury as follows: (a) For the General Fund, there is hereby levied a tax of $0.66 on each One Hundred Dollars ($100.00) in value of said property. (b) For the Public Improvement and Betterment Fund of said City, there is hereby levied a tax of $0.30 on each One Hundred Dollars ($100.00) in value of said property. (c) For the Library Fund of said City, there is hereby levied a tax of $0.03 on each One Hundred Dollars ($100.00) in value of said property. (d) For the Park & Recreation Fund of said City, there is hereby levied.a tax of $0.20 on each One Hundred Dollars ($100.00) in value of said property. SECTION 2. The above tax rates for 1978 -79 shall be operative and effective only if and when a court of competent jurisdiction makes a final determination that the provisions of the Proposition 13 constitutional amendment restricting R 3646 • Resolution No. A.) (1978 Series) the authority of the City to levy its own tax rates are unconstitutional. SECTION 3. The City Clerk is hereby directed to transmit certified copies of this Resolution to the County Auditor. On motion of Councilman Settle , 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 was passed and adopted this 15th day of August, 1978. ATTEST: Ci lerk J. H. Fitzpatrick Approved as to form: IL Allen Grimes, City Attorney RDM:mp -2- 7-28-78 Approved as to content: City Ad *istrative icer > n Director 'of Financ RESOLUTION NO. 3645 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE WIDENING OF 1,800 -FEET OF SAN LUIS CREEK TO 100 -YEAR STORM STANDARDS TO FLOOD - PROOF TRACT 592 AND OTHER PROPERTIES UPSTREAM NOW SUBJECT TO INUNDATION !,WHEREAS, the subdivider of tract 592, a 93 -lot residential subdivision, in order to flood -proof portions of the project site inc conformity with conditions of approval imposed by the City Council proposed to widen 1,800 -feet of San Luis Creek; and WHEREAS, the creek - widening is in conformity with the objectives of the City of San Luis Obispo and Zone 9 Flood- Control District for flood- control protection to 100 -year frequency storm; and WHEREAS, a draft Environmental Impact Report supplement to the original tract Environmental Impact Report was prepared; and WHEREAS, the Environmental Impact Report Supplement identifie§ adverse . environmental impacts associated with the creek - widening summarized as follows: (1) Removal of vegetation and wildlife habitat along portions of the creek. (2) Dust and noise during excavation. (3) Some siltation due to soil disturbance in the vicinity of the creek. (4) Modification of certain existing utility lines which cross the creek to conform to new _grou_nd, configuration; and WHEREAS, the Planning Commission conducted a public hearing on August 2, 1478, and found: (1�) The specific mitigation measures incorporated into the conditions of approval of the tract map and related creek - widening have substantially off -set adverse environmental impacts by requiring vegetation of the streambed designed to protect migrant fish and establish habitat for other wild animals and by restocking the stream all in conformity with requirements of the Department of Fish and Game; and (2) That specific economic and social considerations of Drotection of life and property due to recurring flooding i.n the area substantially justify the short -term adverse impacts associated with the project; and R 3645 I "Resolution No: 3645 �'• Tract 592 • Authorize creek widening Page 2 (3) That mitigation of all adverse impacts of the creek - widening are impossible because of the nature of the creek_ widenina project but are justifiable to meet flood-control objectives. NOW, THEREFORE, BE IT RESOLVED the council of the City of San Luis Obispo approves the creek - widening subject to the conditions of approval imposed in the original tract map applying to similar creek- widening downstream of the project and conditions and requirements of the Department of Fish and Game to revegetate the creek, restock the creek, and measures to minimize erosion. On motion of Councilman Settle , seconded by Councilman Dunin , 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 1978. ATTEST: u.n. ritzpa Approved as to form: ted this i5thdav of August Approved as to content: Allen Grimes, City Attorney Cit dmi 'stra L.ommumy ueve.i opme -nt uepartment Dan Smith, S, 4*or Planner ity Engineer RESOLUTION NO. 3644 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO'CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT SUPPLEMENT FOR AN ADDITIONAL 1,800- FEET OF CREEK - WIDENING ASSOCIATED WITH TRACT 592, A 92- RESIDENTIAL SUBDIVISION ON SOUTH HIGUERA STREET NEXT TO SAN LUIS CREEK WHEREAS, the subdivider of tract 592 is proposing to widens to 100 -year storm standards an 1,800 -foot section of San Luis Creek to flood -proof the residential tract and comply with a condition of tract map approval imposed by the.City Council; and WHEREAS, the applicant,.with city approval, retained an environmental consultant to prepare a draft Environmental Impact Report Supplement; and WHEREAS, the Environmental Impact Report Supplement was reviewed by city staff and determined to be sufficient to identify environmental impacts; and WHEREAS, the draft supplement was determined to be sufficient by the Environmental Review Committee recommending its certification by the Planning Commission and City Council; and and WHEREAS, the draft supplement was prepared consistent with city guidelines; WHEREAS, it was distributed to other agencies having reviewed the oriqinal tract Environmental Impact Report; and WHEREAS, the Planning Commission conducted a public hearing on August 2, 1978, on the Environmental Impact Report Supplement receiving questions and comments on the sufficiency of the Environmental Impact Report; and WHEREAS, the Planning Commission reviewed the document and founds that it is sufficient to meet City and State Environmental Impact Report guidelines to iden- tify substantial adverse effects of the creek widening. NOW, THEREFORE, BE IT RESOLVED by the councilo"f:the City of San Luis Obispo that the draft Environmental Impact Report Supplement with written and verbal com- ments by the public and responses to same by the Environmental Impact Report con- sultant be certified as a sufficient Environmental Impact Report prepared in con- formity with city Environmental Impact Report guidelines. R 3644 Resolution NO. 3644 0 e i Tract 592 Certify Draft EIR Supplement Page 2 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 a 1978. ATTEST: � , 7: J/ �� Fitzpatrick Approved as to I Allen Grimes, City Attorney d this 15thday of August_ - 9 r Kenneth E. Schwartz Approved as to content: City Engineer r RESOLUTION NO. 3643 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING REZONING REQUEST OF PROPERTY AT 871 AND 873 TORO STREET FROM R -2 TO PO. WHEREAS, the property owner requested rezoning of a single parcel of property from R -2 (Residential) to PO (Professional Office);-.arid WHEREAS, the Planning Commission at a public hearing held August 2, 1978, passed a resolution denying the change of zone with the following findings: (1) The most logical location for the R -2 to PO zone boundary continues to be at its present location. The general plan, land use element's intent was to designate both sides of a local street, where possible, with the same desig- nation. This was to minimize land use conflicts and limit the mixture of commercial and residential traffic. (2) While Toro - Street has access to the freeway, it passes through an essen- tially residential neighborhood. Encouraging additional office development along Toro Street by approving this rezoning request would encourage more traffic to use Toro Street and would be a mistake. (3) The city needs to retain its existing housing stock. While the existing duplex on the site is not historically or architecturally significant, it does represent a valuable housing resource. It is this type of older housing that begins to meet the housing needs of younger, middle- income households. The draft housing element being reviewed by the Planning Commission now generally discourages further conversion of residential uses to office or commercial uses. (4) Approval of this request will out pressure on the remaining lots along both sides of Toro Street to develop with office uses. There is no existing office development in this area. (5)' The applicant's proposed office project could be reduced in size so that the strucuture and required parking is accomodated on the single parcel at the corner of Palm and Toro streets. WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, the City Council held a public hearing on the matter, taking testimony for and against the rezonina;. and WHEREAS, the City Council agrees with the findings of the Planning Commission and finds that the proposed rezoning would be inappropriate. R 3643 Resolution No. 3643 (1978 Series) 871 and 873 Toro Page 2 NOW, THEREFORE, BE IT RESOLVED by the council of the City of San Luis Obispo that the zone change for 871 and 873 Toro Street, from R -2 residential to PO pro - fessional office is hereby denied. On motion of Councilman Jorgensen seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: Councilman Petterson ABSENT: None the foregoing resolution was passed and ado a thisl5th day of. August / , 1978. � ATTEST: ' erk� J.H�rritzpatrick Approved as to City Attorney, A.l:len Grimes r Approved as to content: CnA ni str ive fi er Community. Development Department Dan Smith, Senior Planner ,RESOLUTION NO. 3642 (.1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO 77 -272 LOCATED AT 1150 LAUREL LANE (TED MAINO, 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 Tap SLO 77 -272 as contained in Resolution 3402 (1977 Series). SECTION 2: This Council now grants final approval of parcel map SLO 77 -272 (Ted Maino, applicant) with condition 6 modified to read as follows: A note.shall. be placed on the final map indicating that the building on parcel "A" shall be connected to 16" City main for fire protection to the approval of City Fire Department prior to disconnection from the water tank. On motion of Councilman Jorgensen , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: Councilmen Settle and Petterson the foregoing resolution was passed and adopted this 7th day of August 1978. Mayor Kenneth E. chwartz Attest: . rnzvarcric Approved as to fo DFR:mp 8 -7 -78 Approved as to content: ey Allen Grimes Administrati e Officer's. R 3642 I RESCINDEF BY RESOLUTION # 3640 �J RESOLUTION No. 3641 (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 Resoution 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 at its July 11 meeting granted negotiations until July 14 to meet and confer on a fringe benefit package, to no avail; and WHEREAS, on July 17, 1978, this Council adopted Resolution No. 3611 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 public hearings on June 26, July 11 and 17 concerning the adoption of wages and fringe benefits without a formal Memorandum of Understanding; NOW, THEREFORE, BE.IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby adopts wages and fringe benefits for certain Police Officer Association Personnel for fiscal year 1978 -79 as set forth in Exhibits "A" and•`B ". attached hereto and incorporAted herein provided the 36 �� Resolution No. 3641 J (1978 Series) association signs a waiver allowing the inclusion of Exhibit "B" representing the city's final offer based on negotiations taking place since the adoption of resolution no. 3611 without the otherwise required 14 days notice by 5PM, August 4, 19, On motion of Councilman Settle 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: Cit erc J. H. Fitzpatrick Approved as to form: City Attorney Allen Grimes this 1st day of August, 1978. Approved as to content: City Administrative Of er : 2LZ3.- 'e, Personnel Director U � EXHIBIT "A" MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO POLICE, OFFICERS' ASSOCIATION RES. 3641 i:3 MEMORANDUM OF UNDERSTANDING 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 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 an 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 RES. 3641 0 0� 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 (1 through 5). Steps 1 through 4 equal 95% of the next highest.step, computed to the nearest two dollars. Step 4 = 950 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 6P 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 RES. 364 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 C.TO. E. Detective Pay .Police Officers assigned as Detectives shall be guaranteed fifteen (15) hours straight time overtime pay per month. Detectives shall be quaranteed 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. 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 called 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 timer I. Standby e 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. RES. 3641 l 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 workdays, 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 3% 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 20 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 ��' RES. 3641 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. Prior to the end of.any calendar quarter, an employee may elect to carry over uo to 3 days of unused holiday leave at the end of that quarter. Any excess leave not carried over shall be paid off at straight time. 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 RES. 3641 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 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 RES. 3641 6 I 7 �/ ID I 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 cost 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. RES. 3641 APPENDIX A Covered employees include only those employees in the following classifications in the Police Department. SALARY RANGE (5) Dispatcher Clerk 9P (2) Parking Enforcement Officer "9P (1) Police Captain * 36P (4) Police Lieutenant 33P (34; Police Officer 22P (4) Police Sergeant I 25P (4) Police Sergeant II 28P *Management employee RES. 3641 OAPPENDIX B Range, Step 5 Amount 6p 886. 7 P 910. 8 P 934. 9 P 958. lop 984. 11 P 1,010. 12 P 1,036. 13 P 11064. 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 11344. .23 P 1,380. 24 p 1,416. 25 p 1,454. 26 P 11492. 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 13886. 36 P 1,936. Police RES. 3641 RES. 3641. EXHIBIT A APPENDIX C S =LA Y STEP i STEP 2 STEP 3 STEP 4 STEP 5 �NG_ i)6P 754.00 794.00 836.00 8+10.00 926. GO 0.7P 774. CO 814.00 856.00 902.00 950.00 u8P 794. 00 86.00 880. CC 926. CO 974.00 C9P 814.CJ 856.QO 902.00 950.00 1000.00 10P 836.CO 880.00 926.00 974.00, 1026.00 1 LP 856.00 902.00 950.00 1000.00 1052.00 i2P 880.0:? 926.00 974. Q0 1026.00 1080.00 13P 902.00 950.00 1000.00 1052.00 1108.00 14P 928. 00 976.OU. 1028.00 1'082.00 1138.00 15P 952.0 1002.00 1054.00 1110.00 1168.00 16P 576.00 1028.00 1082.00 1138.00 1198.00 17P 100"2.00 1054.00 1110.00 1168.00 1230.00 16P 1028.00 1082.00 1138.00 1198.09 1262.00 i9P 1056.00 1112.00 1170.00 1032.00 1296.00 2 O 1084.00 1140.00 12UU.00 1264.00 1330.00 2.1P 11.12.CC 1170.00 1232.00 1296.00 1364.00 22P 114O.JO 1200.00 1264.00 1330.00 1400.00 23P 1170.00 1232.00 129.6.00 1364.UU 143b.00 24P 1200.00 1264.00 1330.00 1400.00 1474.00 25P 1232.00 1296.00 1364.00 1436.00 1512.00 260 1264.00 1330.00 1400.00 14 "T4.00 1552.00 27P 1296.00 1364.00 1436.00 1512.00 1592.00 28P 1330.00 1400. 00 1474.00 1552.00 1.634.00 25P 1364.00 1436.00 1512.00 L592.00 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 1554.00 163 6. 00 1722.00 1812.00 33P 1516.00 1596. CC 1680.00 1 768. CO 1860. CC 34P. 1554.00 lu36.i10 1722.00 1812.00 1908.00 35R 15'16. C0 1680.00 1768.00 1860.00 1958.8 36P 1638.00 1724. C0 1814.00 1910.00. 2010.00 37P 1680.00 1768.00 1800.00 19ti8.t)0 2062.00 38P 1724.00 1814.00 1910.00 2010.00 2116.00 39P 1768.00 1862.00 1960.00 2C64.00 2172.00 4 Q 1.816.00 1912.00 2012.00 2118.00 2230.00 RES. 3641. EXHIBIT B 1. Article IIA shall read as follows: Rules Governing Step Increases �J The rules governing step increases for employees covered by this agreement are included in the current Salary Resolution with the following modification: The Police Chief shall be authorized to re- evaluate employees who reach step 5 in their pay range after July 1, 1977. 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. 2. Article IIB shall read as follows: 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 step, the adjusted salary ranges are listed in Appendix A and are to be effective July 16, 1978. Step 5 of range 6P shall be increased 4.09-A 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 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 D40U shall receive the same percentage increase as of the same date provided all restrictions are lifted and such increase does not esceed 4.-0%. If the freeze or restrictions are otherwise lifted, employees covered herein shall receive the 4.096 increase starting the first pay period following the effective date of the lifting of such restrictions. These ranges are listed in Appendix C. 3. Article IIE shall read as follows: 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 time -and- one -half. SLOPOA 7/78 RES. 3641 C 0 2 4. Article IIL shall read as follows: The Police Chief may require all Police Officers, Detectives and Sergeants I and II to report for duty 15 minutes before the start of their shift for roll call briefing. Employees so assigned shall be paid 3.5% of base salary on a quarterly basis. 5. Article IIIM shall be included as follows Longevity The Police Captain shall be paid an additional one percent (I%) 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) per month. '64 Article II-IA shall read as follows Health Insurance The City agrees to contribute $89.60 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 employees covered by this MOU for maternity insurance coverage of $1000 for employees and one dependent. 7. Article IIID shall read as follows: Vacation Leave 1. Each incumbent of a 40 hour a week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous service since the benefit date for the first five years, 15 days per year upon completion of five years, 18 days per year upon completion of ten years, and 20 days per year upon completion of twenty years. Employees scheduled for more than 40 hours -a week shall receive the equivalent number of vacation days prorated to the number of regularly scheduled work hours. 2... An incumbent is not eligible to use accrued vacation leave until after the completion of the twelfth calendar month of service since the benefit date. 3. A regular employee who leaves the City service shall receive payment for any unused vacation leave. Probationary employees with less than 12 months of continuous service shall not be eligible for such payment. 4. Department.heads shall be responsible for .arranging a vacation schedule first with the needs of the City as the determining factor, second, SLOPOA insofar as possible, with the wishes of the employee. 7/78 RES. 3641 5. Employees with over 25 days vacation leave shall not accrue additional leave until their total days accrued is less than 25 days. 8. Article IIIF shall read as follows: Sick Leave 1. Definitions - Sick leave shall be defined as follows: 2. i SLOPOA 7/78 a. Absence from duty because of illness or off - the -job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority; or b. At each employee's option, absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother; step- sister, or any other relative living in the same household, provided such leave as defined in this section shall not exceed five working days for each incident. The employee may be required to submit proof of relative's death before being granted sick leave nay. Rules governing sick leave: a. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of 12 days or the shift equivalent per year of continuous service since. the benefit date., 3 b. Sick leave may be used after the completion of the month of service in which it was earned. i C. Sick leave shall begin with.,the:first ' day_of illness. d. Department heads shall he responsible to.the City.Administrative Officer for the uses of sick leave in their departments. e. A department head shall require written proof of illness from an i authorized medical authority at the employee's expense for sick leave use in excess of five consecutive working days by personnel in his /her department. Such proof may be required for periods.of less than five consecutive working days where there exists an indication of abuse. f. Any employee who is absent because of illness or other physical disability shall notify his /her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action in accordance with procedures established by this ordinance. 0 Any employee absent for an extended illness or other physical disability may be required by the Personnel Director to have any examination by the City's medical examiner at City expense prior to reinstatement to the City service. RE5.34�H ti SLOPOA 7/78 1) Death - 25% 2) Retirement and actual commencement of PERS benefits (a) After ten years of continuous employment - 10% (b) After twenty years of continuous employment - 15% 3) Job related disability retirement and actual commencement of PERS benefits - 75% with a maximum of 720 hours payoff (75% of 960 accrued hours).. RES- -b6LII 4 h, An appoi— nt a:?uthority, subject to approval o± the Personnel Director, may require any employee to be medically examined where a reasonable cause-exists to believe that an employee has a medical condition which impairs his /her job effectiveness or may endanger the health, safety, or welfare of the employee, other employees, or the public. Employees who are judged to be physically incapable of meeting.normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. i I i. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of Section 2708.9 of the Municipal Code. -- j. The right to benefits under the sick leave plan shall continue only ' during the period that the employee is employed by the City. This _ I plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness disability benefits.after separation from the service of the City. When an employee receives compensation under the Worker's Compensation Act of California, such compensation'received shall be considered part i of the salary to be paid to the employee eligible for such payments as required by State Law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's regular rate of Day. k. ,gotwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation other than business or activity connected with his /her City employment. 1. A public safety employee shall not receive sick leave payments while receiving Workers Compensation payments. m. Accumulation of sick leave days shall be unlimited. upon termination of employment by death or retirement, a percentage of �n. 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: SLOPOA 7/78 1) Death - 25% 2) Retirement and actual commencement of PERS benefits (a) After ten years of continuous employment - 10% (b) After twenty years of continuous employment - 15% 3) Job related disability retirement and actual commencement of PERS benefits - 75% with a maximum of 720 hours payoff (75% of 960 accrued hours).. RES- -b6LII U 5 9. Article IIIB shall read as follows:. 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. This amount will be increased to $4.45 per month effective October 1, 1978. SLOPOA 7/78 RES. 3641 '►" is EXHIBIT B - APPENDIX C SALARY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 06P 750.00 790.00 832.00 876.00 922.00. 07P 772.00 612.00 854.CC 898.00 946.00 08P 79.00 832.00 876.00 922.00 970.00 09P 812.00 854.00 898.00 946.00 996.00 LOP 832.00 876.CC 922.00 970.00 1022.00 11P 854.00 898.1)3 946.00 996.00 1048.00 12P 876.00 922.00 970.00 1022.00 1076.00 13P 898.00 946.00 996..00 1048.00 1104.00 14P 924.00 972.40 1024.00 1078.00 1134.00 15P 948.00 998.00 1050.00 1106.00 1164.00. 16P 972.00 1024. CO 1078.00 1.134.00 1194.00 17P 998.00 1050.03 1106.00 1164.00 i226.00 18P 1026.00 1080.00 1136.00 1196.00 1258.00 19P 1052.00 1108.00 1166.0C 1228.00 1292.00 20P 1082.00 11.38.00 1198.00 1260.00 1326.00 21P 1108.00 1166.00 1228.00 1292.00 1360.00 22P :1138.00 1198.00 1260. CC 1326.00 1396. CO 23P -1166.00 1228.00 1292.00 1360.00 1432.00 24P .1198.00 1260.00 1326.00 1396.00 1470.00 25P ..1228.00 i292.CO 1360.00 1432.06 1508.00' 26P 1260.00 1326.00 1396.00 1470.00 1548.00 27P 1292.00 1360.00 1432.00 1508.00 1588.00 28P 132.6.00 1396.00 1470. CC 1548.00 1630.00 29P 1360.00 1432.0.0 1508.00 1588.00 1672.00 30P 1396.00 1470.00 1548.00 1630.00 1716.00 31P 1434.00 1510.CC 1590.00 1674.00 1762.00 32P 1472.00 1550.00 1632.00 1718.00 1808.00 33P 1512.00 1592.00 1676.00 1764.00 1856.00 34P 1550.00 1632.00 1718.CO 1808.00 1904.CO 35P 1592.00 1676.1740 1764.00 1856.00 1954.00 36P 1634.00 1720.00 1810.00 1906.00 2006.00 37P 1678.00 1766.00 1858.CC 1956.00 20.58.CO. 38P 1720.00 1810.00 1906.00 2006.00 2112.00 39P 1768.00 1860.00 1958.00 2060.00 2168.00 40P 1812.0C 1908.0C 2008.CC 2114.00 2226.00 RES. 3641 i RESOLUTION No. 3640 (1978 Series)i/ 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 at its July 11 meeting granted negotiations until July 14 to meet and confer on a fringe benefit package, to no avail; and WHEREAS, on July 17, 1978, this Council adopted Resolution No. 3611 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 public hearings on June 26, July 11 and 17 concerning the adoption of wages and fringe benefits without a formal Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby adopts wages and fringe benefits for certain Police Officer.Association Personnel for fiscal year 1978 -79 as set forth in Exhibit "A" attached hereto and incorporated herein. by ,( -36 Z/4� FIL Resolution No. 3640 (1978 Series) On motion of Councilman Settle seconded by CouncilTnan Dttnin 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' Jerk J. H. Fitzpatrick Approved as to form: City Attorney Allen Grimes Approved as to content: City Administrative Of er Personnel Direc r EXHIBIT "A" MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum E 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 ropportunity 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 (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 step, the adjusted salary p 7 ranges are listed in Appendix A and are to be effective July 16, 1978 .Step 5`-of range 6P. 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 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 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 mar for each call backs. Detective's standby for one week or portion thereof shall f likewise-be—credited towards the 15 hour monthly minimum at the rate of four hours per week. overtime_ worked in excess of 15 hours per month shall_be_ paid at straight time. F. Court Time G. M. EM SLOPOA 7/78 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. Range Qualification Training Sworn personnel below the rank of Captain straight time when participating in range off duty. Each sworn employee who.shoots provided 100 rounds of practice ammunition Call Back 1. Emergency shall be paid two hours at qualification training when for qualification shall be during that month. 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 called back for training sessions authorized by the Police Chief or watch c ommander, shall be paid on a straight time basis with a minimum of two hours at straight time. Standby 3 Sworn personnel below the rank of Lietteiiant 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. • � ® 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.. R. 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 II shall report for duty 15 minutes before the start of their shift for roll call briefing and shall be paid.3% 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 Ii 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 7/78 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. Employee are responsible for scheduling such time off in advance...rPrior to the end of 5 calendar quarter, an employee may elect to carry over up_ to 3 days of unused LL holiday leave at the end of'that quarter. Any excess leave not carried over shall be-paid-off at straight time. —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 -fob 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 SLOPOA 7/78 1. Each employee shall receive an annual uniform allowance of $3 quarterly. I paid 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. 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 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 U � 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:.munidipal: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 coast 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. SALARY_.RANGE (5). Dispatcher Clerk 9P. (2) Parking Enforcement Officer 9P (1) Police Captain * 37P' (4) Police Lieutenant 33P (34') Police Officer 22P (4) Police Sergeant I 25P (4) Police Sergeant II 28P *Management employee APPEIMIX B SALARY STEP 1 STEP ,2 STEP 3 STEP 4 STEP 5 RANGE 06P 722.00 760. CC 80.0.00 842. CC 836.00 070 742.00 781.80 82J.00 864.03 910.00 08P 762.CO 802.00 844.00 889.00 934.00 ' 09P 78C.CC 82C.CC 864000 910.00 958. CC lop 802. C'0 844.00 888.00 934.00 984.00 11P 822.00 866.00 912.00 960.00 1010.00 12P 844.00 888.00 934.00 984.00 1036.CO 13P 866.00 912.CO 960.00 1010.00 1064.00 14P 890..00 936.00 986.00 1038.00 1092.00 15P 912.00 960.00 1010.00 1064.00 1120.00 16P 936.CC 986.00 1038.00 1092.00 1150.00 17P 962.CO 1012.00 1066.00 1122.00 1180.00 180 988.00 1040.40 1094.00 .1152.00 1212.00 19P LC12.0C 1066.00 1122.00 1.182.00 1244.00 2OP 1040.00 1094.00 1152.00 1212.00 1276.00 21P 1066.00 1122.00 1182.00 1244.00 1310.00 22P 1094.00 1152.'CC 1212.00 1276.00 1344.03 23P 1124.00 1164.CO 1246.00 1312.00 1380.00 24P 1154.00 1214. CC 1278._00 1346.00 1416.00 25P 1184.00 1246.'00 1312.00 1382.00 1454.07 26P 1216.00 1280.00 1348.00 141.8.00 1452.00 27P 1248.00 1314.00 1384.60 1456.00 1532.00 28P 1282.00 1350.00 .1420.00 1494. JO 1572.00 29P 1316.00 1366.00 1458.00 1534.00 1614.00 30P 1350.00 1422.00 1496.00 1574.00 1656.00 31P 1388.00 1460.00 1536.00 1616.00 1700.00 32P 1422.CO 1496.00 1574.00 1656.00 1744.00 33P 1460.00 1536.00 1616.00 170U.00 1790.CO 34P 1498.CC 1576.CC 1658.00. 1746.00 1838.130 35P 1536.00 1616.00 1702.00 1792.00 1886.00 36P 1578.00 1660.00 1748.00 1840.00 1936.00 37P 1616.CO 17C2.CC 1792.0.0 1886.07 1986.00 38P 1660.00 1748.00 1840.00 1936.00 2038.00 39P 1704.00 1794.00 1888.00 1988.00 2092.00 46P 1750.00 1842.CC 1933.00 2040.00 2148.00 11PPENDIX C S,LGPY TEP 1 STEP 2 STEP 3 STEP 4 STEP 5 IR nN G E 0 6P 754.41 794. CO 836.00 860.00 926. G0 07P 714.00 814.00 856.00 902.00 950.00 .)8P 794.00 836.00 880.00 926.00 97.4.00 09P 814.^3 855.40 902.00 950.00 1000.00 lop 836.00 860.00 926.00 974.00 1026.00 11P 856.00 90.2.00 950.00 1000.00 1052.00 i 2 880.Q':) 1 926.0 0 974.00. 1026.00 1080.130 .131' 902.00 950.00 1000.00 1052.00 1108.00 14P 928. G0 976.0o 1028.00 1082.00 11.38.0.0 15P 952.04 1002.00 1054.00 11.10.00 1168.00 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. CC 1198.00 1262.00 iSP 1056.00 1112.00 1170.00 1232.00 1296.00 20P 1;184.00 1140.00 1200.00 1264.00 1330.00 21P 1112.00 1170.00 1232.00 1.296.00 1364.00' 22P 114.).J0 1200.00 1264.00 1330.00. 1400.00 23P 1170.00 1232.00 1296.00 1354.00 1436.00 24P 1.2110.00 1264.00 1330.00 1400.00 1474.00 25P 1232.00 1296.00 1364.00 1436.00 1512.00 2 tP 1264.00 1330.00 1400.00 1414.00 1552.00 27P 1296.00 1.364.00 1436.00 1512.00 1592.00 28P 1330.00 14- ?0.00 1474.00 1552.00 1634. 00. 29P 1364.01) 1436.00 1512.00 1592.00 1676.00 30P 1400.00 1474.00 1552.00 1634.00 1720.00 3 1 P 1438.00 1514.00 1594.00 1678.00 1.766.00 32P 1476.00 1554.00 1636.00 1722.00 1812.00 33P 1516.00 1596. CC 1680. CO 1 768. CO 1860.00 3` +P 1554.00 1636.00 1722.00 1812.00 1906.00 35P 1.596.00 1680.00 1768.00 1860.00 1958.00 36P 1638.00 1724. CO 1814. 00, 1910. CC. 2010.00 37P 1680.Cr0 1768.00 1800.00 1958.00 2062.00 38P 1724.00 1814.00 1910.00 2010.00 2116.00 39P 1768.00 1862.00 1960.00 2064.00 2172.00 4C'P 1816.00 1912.00 2012.00 2118.00 2230.00 RES. 3640 RESOLUTION No. 3639 (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, 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, on July 17, 1978, this Council adopted Resolution No. 3612 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 public hearings on June 26, July 11 and 17 concerning the adoption of wages and fringe benefits without a formal Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby adopts wages and fringe benefits for certain Firefighter Association Personnel for fiscal year 1978 -79 as set forth in Exhibit "A" attached hereto and incorporated herein .prdvided'the_ass_ociation 3639 u' U Resolution No. 3639 (1978 Series) signs a waiver allowing certain inclusions and substitutions based on negotiations taking place since the adoption of resolution no. 3612 without the otherwise required 14 days notice:by 5 PM, August 4, 1978. 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 is passed and adopted this 1st day of August, 1978. ATTEST: Cit erc J. H. Fitzpatrick Apprc City Attorney Allen Grimes Approved as to content: City Administrative Of 'cer Personnel Dire 7 or EXHIBIT "A" MEMORANDUM OF UNDERSTANDING Between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO FIREFIGHTER'S ASSOCIATION 0 MEMORANDUM OF UNDERSTANDING 11_�. ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum H C. rim E. F. 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. 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. 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. 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. Recognition The San Luis Obispo Firefighter's Association is representative for the regular and probationary classifications set forth in Appendix A pursuant No. 3405. Validity of Memorandum of Understanding hereby acknowledged as the majority employees occupying the position to Section 10A of Resolution 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's Association." The term Fire - fighter's" is used in this MOU to be consistent with the City's position on Affirmative Action. SLOFA RES. 3639 2 after July'�1,1197` !An employee who is not�i_perfo g up to standard for the fifth step shall ue'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 14F 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 RES. 3639 7/78 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. IE. 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 b - 3 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 (5.261for the duration of such appointment. I ii. 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 RES. 3639 _1 G O 4 J. Work Out Of Grade Employees temporarily assigned to work in a higher classification will 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, 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 ITS - FRINGE BENEFITS A. Health Insurance The City agrees to contribute $90..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 e 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 1. Each incumbent of a 40 hour a week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous service since the benefit date for the first five years, 15 days per year upon completion of five years, 18 days per year upon completion of ten years, and 20 days per year upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days pro -rated to the number of regularly scheduled work hours. 2. An incumbent is not eligible to use accrued vacation leave until after the completion of the twelfth calendar month of service since the benefit.date. 3. A regular employee who leaves the City service shall receive payment for any unused vacation leave. Probationary employees with less than 12 months of continuous service shall not be eligible for such payment. 4. Department heads shall be responsible for arranging a vacation schedule, first with the needs of the City as the determining factor, second, insofar as possible, with the wishes of the employee. SLOFA 7/78 RES. 36; O G 5. 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 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 - 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 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 1. Definitions —Sick leave shall be defined as follows: a. Absence from duty because of illness or off -the -job injury, or exposure to contagious.diseases as evidenced by certification from an accepted medical authority; or b. At each employee's option, absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister,. parent, parent -in -law, step - parent, step- brother, step - sister, or any other relative living in the .same household, provided such leave as defined in this section shall not exceed five workingdays for each incident. The _f employee may be required to submit proof of relative's death before being granted sick leave pay. 2. Rules governing sick leave: a. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of 12 days or the shift equivalent per year of continuous service since the benefit date. SLOFA 7/78 5 RES, 3635 U 6 b. Sick leave may be used after the completion of the month of service in which it was earned. c. Sick leave shall begin:;with :.l the first'.day! of:..`illness.; d. Department heads shall.be- responsible :to. the City. Administrative Officer for the uses of sick leave in their departments. e. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five consecutive working days by personnel in his/her department. Such proof may be required for periods of less than.five consecutive working days where there exists an indication of abuse. f. Any employee who is absent because of illness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action in accordance with procedures established by this ordinance. g. Any employee absent for an extended illness or other physical disability may be required by the Personnel Director to have any examination by the City's medical examiner at City expense prior to reinstatement to the City service. h. An appointing authority, subject to approval of the Personnel Director, may require any employee to be medically examined where a reasonable cause exists to believe that an employee has a medical condition which impairs his/her job effectiveness or may endanger the health, safety, or welfare of the employee, other employees, or the public. Employees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. i. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of Section 2708.9- of the Municipal Code. j. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness disability benefits after separation from the service of the City. When an employee receives compensation under the Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by State Law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's SLOFA regular rate of pay. 7/78 RES. 3639 k. Notwithstanding aannything contained in this sectionn,, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or, other compensation, or by reason of engaging in business or activity for monetary gain or other compensation other than business or activity connected with his/her City employment. 1. A public safety employee shall not receive sick leave payments while receiving workers Compensation payments. m. Accumulation of sick leave days shall be unlimited. n. 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: 1) Death - 25% 2) Retirement and actual commencement of PERS benefits (a) After ten years of continuous employment - 10% (b) After twenty years of continuous employment - 15% 3) Job related disability retirement and actual commencement of PERS benefits - 75% with a maximum of 1000 hours payoff (75% of 1333.3 accrued hours) 7 o. An employee may take up to 3 days per year of.sick leave or the shift equivalent for shift employees (33.6 hours) if required to be away from the.job to personally care for a member of their immediate family as defined in this section. 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 days of such disability absence. The only position currently eligible for this.benefit is the Fire Vehicle Mechanic. G. Uniform Allowance Each employee shall receive an annual allowance of $200, paid quarterly._ An additional $100 will be paid to all sworn personnel during the year to compensate for the purchase of new uniforms required by new OSHA regulations. This allowance shall not be paid for any employee who is off duty due to a job realted 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 SLOFA given for approved education obtained prior to that time. The basic benefit will 7/78 RES. -3639 sW C O 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. 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" 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.tp 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 incentives. 6. Tuition and Books. If 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 fob related courses upon satisfactory completion of same with a grade of "C" or better. I. Deferred Compensation The Battalion Chief and Fire Marshal shall be allowed to participate in the City's deferred compensation plan. J. 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 REs. 3639 8 9 ; 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. SLOFA ... X78 RES. 3639 0 � l `1 APPENDIX A SALARY RANGE (3) Fire Battalion Chief * 33F (10) Fire Captain 28F (10) Fire Engineer 23F (15) Firefighter 21F (1) Fire Marshal /Battalion Chief * 33F (1) Fire Vehicle Mechanic 18F *Management employees SLOFA 7/78 RES. 3639 SLOFA 7/78 RES. 3639 SALARY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE 14F 880.00 926.00 974.00 1026.00 1080.00 15F 902.00 950.00 1060.00 1052400 1108.00 16F 928'.CO 976.00 1028.00 1082.00 1138.00 17F 952.00 1002.00 1054.00 1110.00 1168.00 18F 976.00 1028.00 1082.00 .1138.00 1198.00 19F 1002.0C 1054.00 1110.00 1168.0+3 1230.00 20F 1028.00 1082.00 1138.00 1198.00 1262.00 21F 1056.00 1112.00 1170..00 .1232.00 1296.00 22F 1084.00 1140.00 1200.00 1264-.00 1330.00 23F 1112.00 1170.00 1232.00 1296.00 1364.00 24F 1140.00. 1200.00 1264.00 1330.00 1400.00 25F 1170.00 1232.00 1296.06 1364.00 1436400 26F 1200.00 1264.00 1330.00 1400006 1474.00 27F 1232.00 1296.00 1364.00 1436.00 1512.00 . 281; 1264.00 1330.00 1400.00 1474.00 1552.CC 2SF 1296.00 1364.00 1436.00 1512.00 . 1592.00 3 O 1330.00 1400.00 1474.00" 1552.00 1634:00 31F 1364.00 1436.00 1512. CC 1592.00 1676.00 32F 1406.00 1474.00 1552,00 1634.00 . 1720.00 33F 1438.00 1514.00 1594.00 1678.00 1766.00 34F '1476.00 1554400 1636.06 1722.00. 1812.00 35F 1516.00 1596.00 1680.00, 1768.00 1860.00 36F 1554.00 1636.00 1722.00 1812.00 1908.00 37F 1596.00' 1680.00. 1768.00 1860.00 1958.00 38F 1638.00 1724.00 .1814.00. 1910.00 2010.00. 39F 1680.00 1768.00 1860.00 1958.00. 2062.00. SLOFA 7/78 RES. 3639 SALARY RANGE APPENDIX C STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 14F 922.00 970.00 1020.00 1074.00 1130.00 15F 944.00 994.00 1046.00 1102.00 1160.00 16F 97C.CC 102C.CC 1074.00 1130.00 1190.00 17F 994.00 1046.00 1102.00 1160.00 1222.00 18F 1022:00 1076.00 1132.00 1192.00 1254.00 19F 1046.00 1102.00 1160.00 1222.00 1286.00 20F 1076.00 1132.00 1192.00 1254.00 1320.00 21F 1102.00 1160.00 1222.00 1286.00 1354.00 22F 1132.00 1192.CO 1254.00 1320.CC 139C.00 23F 1160.00 1222.00 1286.00 1354.00 1426.00 24F 1192.00 1254.CO 1320.00 1390.00 1464.00 25F 1222.00 1286.CC 1.354.00 1426.00 1502.00 26F 1254.00 1.320.00 1390.00 1464.00 1542.00 27F 1286.00 1354.00 1426.00 1502.00 1582.00 28F 1320.00 139C.CC 1464.00 1542.CC 1624.00 29F 1354.00 1426.00 1502.JJ 1582.00 1666.00 30F 1390.00 1464.00 1542.00 1624.00 1710.00 31F 1426.CO 1502.CC 1582.CC 1666.00 1754.00 32F 1464.00 1542.00 1624.00 1710.00 1800.00 33F _1504.00 1584.00 1668.00 1756.00 1848.00 34F 1544.00 1626.00 1712.CC 1802.CO 1896.00 35F 1584.00 1668.00 1756.00 1848.00 1946.00 36F 1628.00 1714.00 1804.00 1898.00 1998.00 37F 1670.00 1758. CC 185C. CO 1948.00 2050. CC 38F 1714.00 1804.00 1898..00 1498.00 2104.00 39F 1760.00 1852.00 1950.00 2.052.00. 2160.00 SLOFA 7/78 RES. 3639 The undersigned parties have caused this Memorandum of Understanding to be executed this 2nd day of August, 1978. San Luis Obispo Firefighter's Association BY: I-W O r William F. Callaway, Pres APPROVED AS TO FO 1 City Attorney Allen Grimes SLOFA 7/78 City Administration BY: R. D. Miller, Admini rative Officer APPROVED AS TO CONTENT: Personnel Direct Gordon R. Johnson l?&4 3G93 ADVANCE 'NOTICE 'WAIVER Section 9 of council resolution no. 3405 states that "written notice shall be given to each recognized employee organization affected a minimum of 14 calendar days prior to adoption of any ordinance, rule, or resolution or regulation directly relating.to matters within the scope of representation proposed to be adopted by the City Council or by any board of commission of the city, and each shall be given the opportunity to meet with such body prior to adoption." The City Council intends to adopt a resolution granting wages and fringe benefits to the certain Firefighter Association Personnel without a formal Memorandum of Understanding at its August 1, 1978 meeting. The required notice has been given through resolution no. 3612 on July 17, 1978, however as a gesture of good faith, the council intends to adopt exhibit B (see attached) representing the management negotiating team's final offer in addition to exhibit A referred to in the July 17 resolution. By signing this waiver, you agree to waive your right to advance notice for such action outlined above. Date W�UW-ios William F. Callaway, President, San Firefighter's Association OR(DINDED BY RESOLUTION #3639 V, RESOLUTION No. 3638 (1978 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF INTE14TION TO ADOPT A WAGE AND FRINGE BENEFIT PACKAGE FOR CERTAIN FIREFIGHTER ASSOCIATION PERSON14EL 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, 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, on July 17, 1978, this Council adopted Resolution No. 3612 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 public hearings on June 26, July 11 and 17 concerning the adoption of wages and fringe benefits without a formal Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby adopts wages and fringe benefits for certain Firefighter Association Personnel for fiscal year 1978 -79 as set forth in Exhibit "A" attached hereto and incorporated herein. e -334 Resolution No. 3638 (1978 Series) On motion of Councilman Petterson . seconded by Crn,ncilman '.;Pt-1-1P I 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 adopted this . fit_ day of August, 1978. ATTEST: City/ erk J. H. Fitzpatrick Approved as to form: City Attorney Allen Grimes Approved as to content: 4;;A%Q�S4 - City Administrativ f e Of Personnel Director �:KEMORANDUM OF UNDERSTANDING 1. 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 offici�ls 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 1The 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 r 1; Affirmative Action. RES. 3638 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING Between . CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO FIREFIGHTER'S ASSOCIATION RES. 3638 SLOFA 7/78 after July 1, 1 An employee who is not perfc:g up to standard for the fifth step shall ue 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 not -ice. 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__ramzes_ are listed in Appendix A and are to be effective July 16, 1978.Step 5.of range,, 1.4F 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. RES. 3638 - 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 (5.260 for the duration of such appointment. S. 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 RES. 3638 7/78 4 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 $90.00 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. Ef-fecti•ve 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 RES.. 3638 r 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 - l00 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 days of such,di.sabilitty absence-. The only position currently eligible for this Henefit ist-e 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 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" 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 hdministrative 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 *.cork performance comes up to the standard level, in.the opinion of the department head and concurred in by the Administrative Officer. 5. Non- ADolicability. 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. I. Deferred Compensation The Battalion Chiefs and Fire Marshal shall be allowed to participate in the City's deferred compensation plan. J. 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 [•IOU 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 RES. 3638 6 7 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. RES. 3638 .• o APPENDIX A (3) Fire Battalion Chief (10) Fire Captain (10) Fire Engineer (15) Firefighter (1) Fire Marshal /Battalion Chief (1) Fire Vehicle Mechanic *i•Ianagement employees RES. 3638 APPENDIX B Range Step 5 Amount 19 F 1,230. 20 F 1,262. 21 F 1,296. 22 F 1,330. 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. 30 F 1,634. 31 F 1,676. 32F 1,720. 33F 1,766. Fire RES. 3638 RES. 3638 APPENDIX C ` "L'•' =Y STEP 1 STc:P 2 STEP 3 STEP v STEP 5 aNC,:_ 1048.00 1104.00 1161.00 12;_'4.00 1288.OU ZUF 1078.00 1134.00 1194. (;U 1156.00 1322.00 21= 1104.00 1162.00 1224.00 1288.010 1356.00 12)= 1134.DU 11I., •' *.00 1256.00 1322.00 1392.00 23F 1161.G() 1224. U0 1268.UU. 1350.00 1428.00 2,F 1194. CC 125t.CC 1322.00 192.00 146o. ;)0 2 5F 1224. J0 128 6.00 1356.00 1 42 6. 00 1504.100 2 6F 1256. OG 1322.017 1392. UO 1 466.00 1544.OJ 27F 1288.00 1356.012 1428.00 1504.00 1534.00 F 1322.00 1392.110 1466.'a") 1544.00 1626.00 21)F 1356.01) 1428.UO 1504.00 1584.00 1.668.00 3CF 1392.CC 1466.00 1544.CC 1626.00 1712.00 -�1F 143 O. 120 151?0.CIO 1586.'J1) i670.00 1758.00 32F 1468.00 1546. U0 1628.00 1714.00 1804.00 ZC 1508. 01) 1b8G. CO 1672. CC 1 /612. 00 1852. CC s4F ! 548. !? 163t .G0 1716.00 18(?6.00 1900.00 35F 1566. co 1672.00 1760.00 11, 52. GO 1950.UU 3 6 r l o30. CC 1716. CC 1806. CC 1902. CU 2002.0C 3 7F 16 74. 00 17:,2. U0 1854.00 1952.00 2054.00 3 6F 1 71 6. CO 1606. UU 11) 0'2.00 2002.00 2108.00 39F 1764.00 1856. CC 1554.00 2056.00 2164.00 RES. 3638 RESOLUTION NO. 3637 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND POLIN - TRUCHAN 4 COOPER REALTY, INC..FOR.OPEN`SACE EASEMENT ASSOCIATED WITH THE FOOTHILL ANNEXATION. 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 Polin - Truchan & Cooper Realty, Inc. for open space easement associated with the Foothill Annexation, 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: POLIN - TRUCHAN 4 COOPER REALTY, INC., to the County Recorder for recording and to the Community Development Department. 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: Councilman Jorgensen ABSENT: None the foregoing Resolution was passed and adopted this 1st day of August 19 78. ATTEST: y I R 3637 Approved as to form: Approved as to content: Allen Grimes, City Attorney by Dan Smith, Senior Planner v When recorded, return to: :.CITY CLERK'S OFFICE. City of -Sa`n Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 OPEN SPACE EASEMENT This indenture, made and entered into this 1st day of= August,. �^_,. 1978, by and between POLIN- TRUCHAN & COOPER REALTY, INC., herein- after called "Owners" and THE CITY OF SAN LUIS OBISPO, a_ municipal corporation of the State.of California, hereinafter called "City." WITNESSETH: WHEREAS, Owner possesses certain property situated -in the County of San Luis Obispo, State of California, hereinafter described as "the subject property," and more particularly described in Exhibit "B ", attached hereto and by this reference incorporated herein; and WHEREAS, the subject property has certain natural scenic beauty and existing openness; and. WHEREAS, both Owner and City desire.. to preserve and conserve for the public benefit the great natural scenic beauty and existing openness, natural condition and present state of use of said property of the Owner; and WHEREAS, the Owner has requested annexation of 21+ acres to the City with intent that 11+ acres would be allowed to develop with 19 single family home sites and that the remaining 10+ acres beyond the City's urban reserve line would be preserved in its present scenic beauty and existing openness by the restricted use and enjoy- ment of said property by the Owner through the imposition of a perpetual.open space easement with conditions hereinafter expressed; and -1- WHEREAS, the Owner of said property submitted a development plan for said 21+ acres as required by City annexation uolicy; and WHEREAS, the City approved said development plan by pxezoning the 21+ acre development area "R -1 Planned Development'and AC -ln (Agriculture- Conservation) subject to certain conditions of approval, including a grant to the City of a perpetual open space easement on A portion of said property, and WHEREAS, the Owner is willing to grant the perpetual open space easement on said 10 acres as a part of the annexation approval; and WHEREAS, the Owner has supplied_City with a title Company Preliminary Title Report listing all trust deed beneficiaries and mortgagees, if any, under prior recora..ed deeds of trust and mortgages on the subject property. NOW, THEREFORE, in consideration of the premises and in com- pliance with Chapter 6.5 of Part 1 of Division 1 of Title 5 of the Government Code of the State-of California commencing with Section 51050, and in further consideration of the mutual promises, cove- nants and the conditions herein contained and the substantial nuhlic benefits to be derived therefrom,the parties hereunto agree, as follows: 1. Owner hereby grants to City an open space easement in and to the property described in Exhibit "B ", said grant of open space easement conveying to City an estate and interest in said real property of the nature and character and,to the extent hereinafter expressed and resulting from the restrictions herehv imposed upon the use of said property by Owner. To that end, and for the purpose of accomplishing the intent of`the: parties hereto. owner covenants on behalf of himself, his heirs, successors, and assigns with the -2- City, its successors and assigns to do and refrain from doing severally and collectively upon Owner's property the various acts hereinafter mentioned.. 2. The restrictions hereby imposed upon the use of said property by Owner and the acts which Owner shall refrain from doing upon the said property in connection herewith are, and shall he, as follows: 2.A No structures will be placed or erected upon said premises except appurtenances for agricultural uses consistent with the open space character and intent of this document. 2.B. No advertising of any kind or nature shall he located on or within said premises.. 2.C. Owner shall not plant nor permit to be planted any vegetation upon said premises except as may he associated with erosion control or agricultural uses consistent with the provisions of this agreement. Permitted uses shall.include but.not be limited to grazing and related activities or other agricultural uses permitted by the City Council. 2.D. Except for the construction, alteration, relocation and maintenance of public roads and utilities easements, the general topography of the landscape shall be maintained in its.present con- dition and no topographic changes shall be made. 2.E. No use of said described premises which will or does materially alter the landscape or other attractive scenic features of said premises other than those above specified shall be done or suffered. 2.F. Owner shall not cut timber, trees or other natural growth, except as may be approved by the City Community Development 3- Director for fire protection, or as require for thinning, elimina- tion of diseased growth and similar protective measures. 2.G. Owner shall not extract natural resources from said premises except -for development of water rights. 2.H. No lot split shall be "permitted. 34 The following property rights in said,property are herehv excepted from this grant and are reserved to Owner: 3.A. The right to use and occupy said land shall be limited to grazing and related activities or other agricultural uses as approved by the City. No vegetation other than that necessary for erosion control or permitted for agricultural uses may he planted. 3.B. The right to maintain all existing private roads, bridges, trails and structures upon said land, and the right to develop and maintain public and private water sources and systems. 4. Land uses permitted, or reserved by this instrument shall he subject to.the ordinances of City regulating the use of land. 5. This easement shall remain in effect in perpetuity. 6. Notwithstanding any provisions herein, this grant of an open space easement shall in no way restrict the construction of., nor the "right of the Owner to permit construction of, public service facilities installed, or to be installed, for the benefit of the land which is the subject of this grant, provided such facilities are installed, or to be.installed, pursuant to an authorization of the City Council. 7. This grant may not be abandoned by Citv..except pursuant to all of the provisions of Section 51.061 of the Government Code of the State of California. 8. This grant of open space easement, as specified in Section 51.064 of the Government Code of the State of California, upon ex- ecution and acceptance in accordance with'Chapter 6.5 of Part 1 of -A- •., c o Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51050, shall be deemed to he an enforcible restriction with the meaning of Article XXVIII of the Constitution of the State of California. 9. The trust deed beneficiaries and mortgagees, if any, listed on the Preliminary Title Report referred to above, and whose signatures are affixed hereto, do hereby assent to this grant of an open space easement and, further, do hereby subordinate their respective interests to the restrictions imposed by this grant. 10. Land uses permitted or reserved to Owner by this grant shall be subject to the ordinances of City regulating the use of land. 11. The terms contained herein shall he hinding on the parties hereto and their successors and assigns. 12. This open space easement shall he effective upon the effective date of annexation to the City of 26.7 acres known as the "Foothill Annexation" depicted on Exhibit "A ". -5- IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. OWNERS: POLIN- TRUCHAN & COOPER REALTY, INC.., STATE OF CALIFORNIA _ ss. c COUNTY OF Ye",,: E j c On_ before me, the u R s d tale, pe pally appeared known to me to be the President, and c m `m known to me to be the Secretary of a corps < and known to me to be the persons who executed the within 'instrument on behalf of the corporation therein named, and ac- 0 knowleciged to me thai such corporation executed the within STATE OF CALIFORNIA !.. > COUNTY ss. p LtJ 1 a On —, of me, the E r'' ! = said t e, per ally appeared V to be the �t�p' v person whose name is subscribed to the within /}si�sirument, a{ i= sworn, deposed and said; That he(r�, ides in 1 ,C(.��L:'� that he was present and saw —Y. k,�, 1L/� 43, 1u °i personally known to him to 6e the same - QE person d�o/�ribed in and who executed the said within instrument, as_ZC44 i= part thereto, sign, seal and deliver the same and...1 ° °10 ° °t� Wthat the said__ z o duly acknowledged in the presence of said affiant, that_ e,ecured//the same, and that he, the said aff�ant, thereupon emimumuuu E !!L — requesr, subscribed his name as a witness thereto. LL WITNESS my hand and,.offitial se I.. � � Signature —rte•` i 'y 0e!K4:.Cf Name (Typed or printed) DOROTHY RAE WATERBU Y, BENEFICIARY t V c C CITY OF SAN LUIS OBISPO A Municipal Corporation ATTEST: s71. H. FITZPATRICK City Clerk Notary: Approved ds to By s% KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz Approved as to content: gdh�4 City Administrativ 0 icer cv 1AA L:7tQ. 'Comm=ity-Je7vefZq5ment Department by Dan Smith, Senior Planner \�� L WIG -LAND CQ 1 I ,VLF 1! Q 1•t.:♦ .. t •. I. I .. Q h GOM .t♦ G PD CEnR�p ri Q�uaUL D[` lL tr ' —OT"iL 1 % DEL TE' *AY E__—T tRA A DRIVE SUR vAY 11�- -- From County A-1-5zone EXHIBIT A to City R -1 zone From CC➢ntyA 15zone Foothill to City R-1 PD zone Annexation �J From County A 1 5 zone j 10 City FF zone From County A 1 5zone �r��f l fOCity A/C 10 ;one. N EXHIBIT "B" G C� OPEN SPACE EASEMENT FOR FOOTHILL ANNEXATION r E615 July 25, 1978 A parcel of land being 'a portion of the southeast a of the southeast 4 of Section 21 of T. 30 S., R. 12 E., M..D.M., San Luis Obispo County, California described as follows: Beginning at a point on the present City Limit boundary, said point being the northwest corner of Parcel A of Parcel Map CO -74 -50 as recorded in Book 17, Page 7 of Parcel Maps and running along the westerly boundary of said Parcel A through the following courses: l) South 09 34' 18" East, 1,025.78 feet 2) North 890 50' 00" East, 377.53 feet 3) South 490 00' 00" East, 75.00 feet thence leaving said westerly line and running North 870 00.' East, 130 feet more or less to a point; thence North 22° 00' West, 515 feet more or less,; thence North 4° 00' East, 600 feet more or less to•-a point.on the present City Limits boundary; thence along said present City Limits boundary South 89° 46' West, 415 feet more or less to the true point of beginning and con- taining 10 acres more or less. z RESOLUTION NO. 3636 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENT FUND APPROPRIATIONS FOR THE 1978/79 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Capital Improvement Fund Appropriation Account be increased to provide additional funds for the reconstruction of the city hall parking lot. Account No. Description Amount 40- 6863 -832 Parking 1,6t...Reconstruction - City Hall 8,500. DR. 40- 0510 -000 Appropriation.'..Z. 8,500. CR. 40- 0600 -,000 Unappropriated Balance 8,500. DR. On motion of Councilman Eetterson 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 was passed and adopted this 1st day of August , 1978. ATTEST: �er J.H. Fitzpatrick Approved as to form: I By Allen Grimes City Attorney Approved as to content: R 3636 C K RESOLUTION NO. 3635 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENT FUND APPROPRIATIONS FOR THE 1978/79 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriations account.:be increased to provide additional funds for the installation of Police Department Security Fencing. Account No. Description Amount 40- 4062 -745 (40) Police Dept. Security Fence 6,800. DR. 40- 0510 -000 Appropriations 6,800. CR. 40- 0600 -000 Unappropriated Balance 6,800. DR. On motion of Councilman Settle , 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 was passed.and adopted this 1st day of August , 1978. ATTEST: CC J.HFitzpatrick Approved as to form: By Allen Grimes City Attorney Approved as to content: R 3635 ,J RESOLUTION No. 3634 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT FIRE ENGINEER EMIL E. KREGE 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 Emil E. Krege employed by the City in the position of Fire Engineer, 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 August 31, 1978, the date after he completed using all his sick leave after being declared permanent and stationary February 24, 1978 by his doctor, and BE IT FURTHER RESOLVED that there is not a possibility of third -party liability present. On motion of Councilman Dunin seconded by Councilman Settle and on the following roll call vote: R 3634 G Resolution No. 3634 (1978 Series) AYES: Councilmen Dunin, Jorgensen, Petterson_, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this ist day of Au ust, 1978. ATTEST: C' _erk J. H. Fitzpatrick Approved as to form: City Attorney Allen Grimes Approved as to content: C' AdygKistrative Officer Pio -Tem Personnel Director RESOLUTION NO. 3633 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby finds and confirms the existence as of July 20, 1978, of duly imposed liens in the amounts and upon the real property parcels set forth in Exhibit "A" delinquency list attached hereto. Said liens were imposed for weed abatement costs incurred by the City upon said parcels and are in accordance with provisions of the City's Municipal Code. 2. The City Clerk is directed to send a certified copy of this resolution to the Auditor - Controller of the County of San Luis Obispo for collections of said liens along with regular City property taxes. On motion of Councilman Dunin 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 1st day of August , 1978. ATTEST: �� rerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE B LILLEY City Attorney I By Allen Approved as to content: R 3633 em U • o DELINQUENT WEED ABATEMENTS Parcel Tax Rate Assessment Number Property Owner Area Amount Year 02- 445 -10 E. A. French 003 -000 45.00 1977 02- 445 -21 E. A. French 003 -000 50.00 1977 03- 568 -01 Central Coast Hospital 003 -000 45.00 1977 03- 736 -08 V. E. Seaback 003 -000 25.00 1977 04- 611 -22 J. E. Norris, et. al. 003 -005 55.00 1977 04- 951 -02 A. King 003 -000 85.00 1977 04- 781 -32 J. King 003 -000 65.00 1977 04- 822 -02 S. H. Nelson 003 -000 27.50 1977 02- 421 -09 G. H. Grant 003 -008 20.00 1977 03- 555 -22 M. J. Taylor 003 -000 20.00 1977 04- 601 -15 J. King 003 -000 20.00 1977 03- 561 -01 M. J. Barrett 003 -000 20.00 1977 03- 739 -23 H. J. Fredricksen 003 -000 65.00 1977 04- 972 -58 C. E. Fluitt 003 -000 45.00 1977 53- 041 -23 Walter Brothers Const. 003 -000 45.00 1977 02- 302 -15 D. M. Tucker 003 -000 20.00 1977 02- 294 -18 Gann Investment 003 -000 145.00 1977 02- 303 -19 T. J. Bell 003 -000 45.00 1977 03- 724 -13 S. L. Culwell 003 -000 45.00 1977 03- 724 -15 S. L. Culwell 003 -000 45.00 1977 03- 683 -09 Cuesta Valley Property 003 -000 45.00 1977 03- 701 -12 M. J. O'Leary 003 -000 45.00 1977 53- 161 -07 Peram Inc. 003 -002 45.00 1977 04- 762 -12 I. M. Valdez 003 -000 25.00 1977 E,E',HIBIT "All . 0 0 DELINQUENT WEED ABATEMENTS Parcel Tax Rate Assessment Number Property Owner Area Amount Year 52- 141 -66 P. H. Sullivan 003 -000 35.00 1977 52- 543 -06 R. N. Takken 003 -000 65.00 1977 52- 173 -06 Kelley 003 -000 50.00 1977 53- 181 -32 Reeder.Development 003 -000 225.00 1977 FAMIT "A" C RESOLUTION 96. 3632 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN'LUIS OBISPO APPROVING "AN AGREEMENT BETWEEN THE CITY AND ROBERT L. CORCORAN AS PART -TIME BUSINESS IMPROVEMENT. AREA ADMINISTRATOR THROUGH JUNE 30; 1979. 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 Robert I. Corcoran for services as part-time Bu §mess Improvement Area Administrator through June 30, 1979, at compensation of $600.00 per month, 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: Chairwoman of the BIA, City Finance Director, BIA Administrator Robert I. Corcoran On motion of Councilman_Dunin , seconded by Councilman_ Settle and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of August 1978. ATTEST: lerc J.H. Fitzpatrick. R 3632 G Approved -as to form: City Attorney Allen Grimes ;J Approved as to content: C�: 'Administrative Officer Pro -Tem i\\ o Jam/ Chairwoman,-Beth Law Business Improvement Area AMENDMENT EXTENDING EMPLOYMENT CONTRACT FOR PART -TIME BUSINESS IMPROVEMENT AREA ADMINISTRATOR The undersigned parties to.the agreement, dated July 1, 1976, for employment of Robert I. Corcoran as part -time administrator for the San Luis Obispo Downtown Business Improve- ment Area which has been amended and extended through June 30, 1978, hereby agree as follows: The monthly salary of the part -time administrator shall remain at $600.00 per month and the agreement shall be extended through June 30,1979. All other terms and conditions of said agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed this 2nd day of August , 1978. ATTEST: s %7. H. FITZPATRICK City Clerk J. H. Fitzpatrick Approved as to form: s ADMINISTRATOR _145V 40 41�1 j Robert I. Corcoran CITY OF SAN LUIS OBISPO S7 KENNETH E. SCHWARTZ By Mayor Kenneth E. Schwartz o o Approved as to content: C ty� "ministrative Officer Pro -Tem Chairwoman, Beth Law Business_Zgj�-4ovement Area e rr� RESOLUTION NO. 3631 roil (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENTSBETWEEN THE CITY AND THE CHAMBER-,OF COMMERCE FOR VISITOR SERVICES AND FOR PROMOTION DURING'THE 1578 -79 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreements, attached hereto marked Exhibits-A.`and B and incorporated herein by reference, between the City of San Luis Obispo and the Chamber of Commerce for providing visitor services and promotion during the 1978 -79 fiscal year, are 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 agreementsapproved by it to: I the Chamber of Commerce. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilman Settle , AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of _August_ , 19 78. ATTEST: C' C reFrk-J-.1r. Fitzpatrick R 3631 Approved as to form: Approved as to content: Allen Grimes, City Atto ey (-Visitors, 1978 -79) CONTRACT THIS AGREEMENT, dated July 1, 1978, for reference purposes, is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City," and the CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non - profit corporation, hereinafter referred to as "Chamber "; W I T N E S S E T H : WHEREAS, City desires to continue to promote its advantages as a tourist and recreational center, disseminate visitors information relative thereto, And properly follow up and give consideration to inquiries made from time to time, relative to the various activities of the City and its possibilities; and WHEREAS, City desires Chamber to continue to perform certain visitors and tourist information services for City,..which City believes will be of great advantage and benefit to the City and the citizens, residents, property owners, and taxpayers thereof, and will promote the general welfare; and WHEREAS, Chamber is organized for and equipped to carry on such informational activities on behalf of City, and is in a position to accomplish such aims and purposes of the City in an efficient and economical manner; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided. NOW, THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS: 1. That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain a public office within City of San Luis Obispo at a location acceptable to the City Council. Chamber will maintain a fully competent staff in this office, including a Manager with necessary secretarial assistance. The Chamber office will provide information to visitors and business and professional people. The office will be staffed and open to the public daily during regular office hours seven days per week, excepting during the following holidays - Thanksgiving, Christmas and New Years. Chamber will also maintain telephone services open to the public desiring information, will provide written responses to inquiries, and will distribute appropriate printed material. The information program will include distribution of such material to local agencies EXHIBIT "Atr C' 0 and businesses for dissemination to their customers and tourists. The Chamber shall also distribute appropriate material to other chambers, tourist agencies and travel organizations in other communities. Except for material which is furnished to the Chamber by the City, the Chamber shall be permitted to charge reasonable fees for material which it distributes. (a) Chamber will employ a Manager and other necessary personnel. The Manager's qualifications will include training and experience in public relations and public information. (b) Chamber will distribute maps and promotional literature about San Luis Obispo and will conduct an information program including maintaining files on the community's economic data, recreational facilities and events, general business conditions, historic points of interest and cultural activities. This program will be directed toward visitors and others who have interest in the community. (c) Chamber will also maintain a library of literature, business and telephone directories for public use. (d) Chamber will assist in attracting conventions and conferences to the City and assist in making arrangements to enhance the visits of such groups. (e) In all activities, Chamber shall be a public relations agency disseminating information and creating goodwill and advancing the development of San Luis Obispo and its trading area. Chamber furthermore agrees to cooperate in carrying forward community research studies to assist in ascertaining the most favorable long -range activities for the community. (f) Chamber will carry on such other duties as may be mutually agreed upon by the parties hereto to promote tourism, conferences, conventions and related business and cultural activities in the community. 3. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chamber at all times covered by the terms of this agreement, is acting as a free and independent contractor, and not as an agent of City. Any and all supervision and direction by any City official, department or body, shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and discretion in performing the details of work herein. 4. City shall pay the Chamber the following sums for the furnishing of said services.: -2- (a) Commencing July 1, 1978, and continuing for one year, City will pay Chamber the sum of Sixteen Thousand Six Hundred Fifty Five Dollars ($16,655.00) per year, payable in monthly installments of One Thousand Three Hundred Eighty Seven Dollars and Ninety -two Cents ($1,387.92) for the above services, to be expended in the categories and the amounts specified in the attached budget. 5. City shall have the right to audit the books, records and accounts of Chamber at any reasonable time from time to time. 6. Chamber shall submit a monthly written report of informational services rendered including a record of the number of inquiries, office visits, mailings, and other related activities. 7. Either party may terminate this agreement at any time by providing sixty (60) days written notice of termination to the other party. 8. All notices in connection with this agreement shall be deemed delivered when placed in the First Class U.S. Mail in a properly stamped envelope, addressed to the other party at the address shown below: City of San Luis Obispo: Chamber of Commerce of San Luis Obispo: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 Executive Manager 1039 Chorro Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed: Date: August 2, 1978 ATTEST: s7 J. H. FITZPATRICK City Clerk J.H. Fitzpatrick Date: CITY OF SAN LUIS OBISPO by s7 KEN'NZTH E. SCHWARTZ Mayor Kenneth E. Schwartz -3- M Approved as to f rm: Allen Grimes, City Attorney U Approved as to content: t.L!Lc e-e-6c P.-omotion&l Coordinati_n, Committee Chairman (Promotion, 1978 -79) CONTRACT J THIS AGREEMENT, dated July 1, 1978, for reference purposes, is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City," and the CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non - profit corporation, hereinafter referred to as "Chamber "; W I T N E S S E T H : WHEREAS, City desires to promote its advantages as a tourist and recreational center; and WHEREAS, arranging and obtaining favorable coverage about the community in the various news media likely to be read by potential visitors to the City is an integral part of its promotion as a tourist and recreation center; and WHEREAS, the coordination and development of cultural and recreational events is a necessary adjunct to the proper promotion of the City; and WHEREAS, the Board of Directors of the Chamber of Commerce has authorized the Chamber to contract with the City to provide.these services; and WHEREAS, Chamber staff is qualified and the office is equipped to carry on such activities on behalf of the City; and and WHEREAS, City has reviewed the Chamber's proposal to provide such services; WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided. NOW, THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS: 1. That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain an office suitable for the conduct of a promotional program -- this office shall be open during normal business office hours to facilitate contact with news media representatives and to disseminate news releases and promotional information in a professional manner to the various media. 3. Chamber staff shall include personnel qualified in public relations, public information shall be available as necessary to the successful implementation of a promotional program. 4. Chamber shall conduct a promotional and publicity program as directed by the City through liaison with the Chairman of the Promotional Coordinating Committee or his designated representative as specified below. _ ®�►a I IT ti�rt U 5. The program conducted by the Chamber shall include but shall not be Timited to: (a) The writing, production and distribution of news releases, feature stories, photographs and illustrations, radio and television news materials, informational flyers, graphics, and such personal contacts with the news media as may be necessary. (b) The encouragement and professional assistance necessary to enable local writers, photographers and artists to place their materials dealing with the community in appropriate media. (c) The coordination and development of local events and activities which will: 1. Improve the quality of life in this community. 2. Will attract visitors and tourists to this area. 3. Will increase local or area participation in both new and existing events and activities. 4. Promote interest in the development of additional community facilities. (d) The maintenance of a file of clippings, news releases and other promotional material that has been produced. (e) Representation at meetings of Promotional Coordinating Committee and other City commissions, including City Council, as directed by the Chairman of the Promotional Coordinating Committee. (f) Maintenance of a liaison with various community groups and individuals who can produce information and action in the support of the. promotional program. (g) Such other activities and duties as directed by the Chairman of the Promotional Coordinating Committee that would reasonably be a part of the City promotional program. 6. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chamber at all times covered by the terms of this agreement, is acting as a free and independent contractor, and not as an agent of City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and discretion in performing the details of work herein. -2 -. 7. City shall pOay the Chamber the following sumssffor the furnishing of said services: (a) A base rate of Eight Thousand Two Hundred Sixty Five Dollars ($8,265.00) per year for office and staff services payable in twelve (12) monthly installments of Six Hundred Eighty -eight Dollars and Seventy -five s Cents ($688.75) each, and; (b) Expenses not to exceed Four Thousand Four Hundred Fifty Dollars ($4,450.00) per year (in categories and amounts specified in the attached budget) payable upon presentation of monthly report of staff services, which will include invoices of services performed, accompanied by copies of promotional material produced, as justification of expenses claimed. 8. Either party may terminate this agreement at any time by providing thirty (30) days written notice of termination to the.other party. 9. All notices in connection with this agreement shall be deemed delivered when placed in the First Class U.S. Mail in a properly stamped envelope, addressed to the other party at the address shown below: City of San Luis Obispo: Chamber of Commerce of San Luis Obispo: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 Executive Manager 1039 Chorro Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed. Date: A„grncY 9, 197A ATTEST: s7 J. H. FITZPATRICK City Clerk J.H. Fitzpatrick Date: CITY OF SAN LUIS OBISPO by s] KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz -3- G U Approved as to form: Approved as to content: J Allen Grimes, City Attorney Promoticgnal Coordinating Com.-nittee Chairman C �J SAN LUIS OBISPO CRAMBER OF COMMERCE DISBURSEMENT BUDGET 1978 -79 FISCAL YEAR 1977 -78 ANNUALIZED CATEGORY 1977 -78 BUDGETED ESTIMATE 1978 -79 BUDGETED 01 Salaries Prepared April 6, 1978 Executive Manager $18,000 $18,000 $20,000 Executive Secretary 7,200 7,200 7,500 Promotional Coordinator 7;200 7,200 7,500 Public Information Specialist(CETA) 6,150 6,600 7,200 Tourist Aides 2,080 2,200 2,500 Commissions 500 366 500 TOTAL SALARIES $41,130 $41,566 $45,200 02 Payroll Taxes 4,113 4,076 4,520 03 Health & Disability Insurance 1,036 1,286 2,136 04 Insurance 660 600 660 05 Staff Expense 2,,200 2,396 2,400 06 Auto Lease /Maintenance 1,760 2,229 2,200 07 Auto Expense 600 266 600 08 Rent 4,944 4,959 4,960 09 Janitorial 640 797 800 10 Gas, Elec., Garbage, Water 1,000 1,417 1,500 11 Telephone 1,200 .1,118 1,300 12 Repairs & Maintenance .300 394 400 13 Furniture, Fixtures & Equipment 1,000 1,415 2,000 14 Equipment Rental 300 145 300 15 Office /Janitorial Supplies 600 876 800 16 Copying & Supplies 4,000 4,017 4,000 17 Postage 3,600 3,519 3,600 18 Sales Tax 960 1,500 .1,500 19 Chamber Printing 3,000 3,536 3,600 20 Promotional Materials 9,000 13,166 15,000 21 Bookkeeping Services 200 200 200 22 Graphic Arts /Photo Services 1,000 1,370 1,400 -23 Programs - Special Projects 20,000 14,993 19,500 24 Direct.City Expenses 2,600 690 2,600 25 Dues & Subscriptions 360 600 600 26 Petty Cash & Miscellaneous 750 423 500 27 Transfer to Reserves 2,000 2,000 -0- 28 Office Remodeling -0- -0- 5,000 29 Institute -0- =0- 500 TOTAL $108.,953 $109,554 $127,776 Prepared April 6, 1978 0 SAN LUIS OBISPO CHAMBER OF COMMERCE INCOME BUDGET 1978 -79 FISCAL YEAR CATEGORY O1 Dues 02 City of San Luis Obispo 03 Programs - Special Projects 04 Promotional Materials 05 Promotional Materials - Resale 06 Copying Services 07 Advertising 08 Miscellaneous 09 Federal C.E.T.A. Grant 19.77 -78 BUDGETED 1977 778 ANNUALIZED 1978 -79 BUDGETED $34,000 $36,456* $38,000 26,700 26,000 .29,370 20,000 15,171 20,000 16,000 25,000 25,500 1,000 681 1,000 3,000 2,708 3,000 1,000 1,000 1,200 250 1,.200 1,200 7,101 7,650 8,506 TOTAL $109,051 $115,866 $127,776 *Does not include merchandise, service and advertising donated to the Chamber: Printing $ 550 Carpet Cleaning 100 Photography 165 Bookkeeping 350 Plants 50 Desks 2,300 Lumber 150 Carpeting 80 Trophies 120 $3,865 0 0 SAN LUIS OBISPO CHAMBER OF COMMERCE PROPOSED VISITORS CONTRACT BUDGET, 1978 -79 VISITORS CONTRACT SALARY SCHEDULE 1 1977 -78 1977 -78 1977 -78 1978 -79 1978 -79 Executive Manager CHAMBER CHAMBER CONTRACT CH IBER PROPOSED CATEGORY BUDGETED ANNUALIZED AMOUNT AMT. BUDGETED CONTRACT A21IT. Salaries (see Schedule 1) $39,178 $46,918 $ 8,874 $51,856 $ 9,690 Includes payroll taxes & health insurance Rent 4,940 4,959 1,640 4,960 1,640 Janitorial 640 797 212 800 267 Gas, Elec., Garbage, Water 1,000 1,417 292 1,500 438 Telephone 1,200 1,118 889 1,300 975 Repairs & Maintenance 300 394 150 400 200 Furn., Fixtures & Equip. 1,000 1,415 200 2,000 400 Office Supplies 606 876 120 800 160 Postage 3,600 3,519 2,885 3,600 2,885 TOTAL $52,458 $61,413 $15,262 $67,216 $16,655 TOTAL CONTRACT AMOUNT $16,655 VISITORS CONTRACT SALARY SCHEDULE 1 Payroll Taxes /Health Ins. (14 %) TOTAL SALARIES PROPOSED CONTRACT AMOUNT $ 2,000 3,000 1,500 2,000 $ 8,500 1,190 $ 9,690 CONTRACT TOTAL PERCENTAGE Executive Manager $20,000 10% Executive Secretary 7,500 40% Promotional Coordinator 7,500 20% Tourist Aides 2,500 80% Payroll Taxes /Health Ins. (14 %) TOTAL SALARIES PROPOSED CONTRACT AMOUNT $ 2,000 3,000 1,500 2,000 $ 8,500 1,190 $ 9,690 SAN LUIS OBISPO CHA.IIBER OF COMMERCE PROPOSED PROMOTION CONTRACT BUDGET CATEGORY Salaries (see Schedule 2) Includes payroll taxes & health insurance EXPENSES Promotional Long Distance Calls Printing Photo Services & Supplies Managers Expense /Mileage News Release Production News Release Envelopes Graphic Arts Services News Release Postage Promotional Trips Contingencies TOTAL Executive Manager Executive Secretary Promotional Coordinator PROMOTION BUDGETED CONTRACT BUDGETED PROPOSED CONTRACT 1977 -78 AMOUNT _77 -78 1978 -79 AMOUNT 1978 -79 $39,178 $ 6,840 $51,856 $ 8,265 MONTHLY BASE RATE $688.75 $ 3,640 $ 4,450 PROMOTION CONTRACT TOTAL $12,715 PROMOTIONAL CONTRACT SALARY SCHEDULE 2 Payroll Taxes /Health Ins. (14 %) PROPOSED PROPOSED BUDGET BUDGETED 1977 -78 1978 -79 $ 250 $ 300 600 600 400 450 300 350 160 200 200 250 180 250 550 650 800 1,200 200 200 $ 3,640 $ 4,450 PROMOTION CONTRACT TOTAL $12,715 PROMOTIONAL CONTRACT SALARY SCHEDULE 2 Payroll Taxes /Health Ins. (14 %) PROPOSED CONTRACT CONTRACT TOTAL PERCENTAGE AMOUNT $20,000 10% $ 2,000 7,500 10% 750 7,500 60% 4,500 $ 7,250 1,015 $ 8,265 Executive Manager Executive Secretary Promotional Coordinator Public Information Specialist (CETA) Tourist Aides Staff Expense i CURRENT $1,500 600 600 600 2.65/hr. 184 O SALARY INFORMATION MONTHLY RATES BUDGETED BUDGETED 77 -78 78 -79 $1,500 $1,667 600 625 600 625 550 600 2.50 /hr. 2.65/hr 184 200 EFFECTIVE % PAID % PAID DATES BY CITY CfiAMBEE, July 1 20% 80% July 1 50% 50% July 1 80% 20% July 1 0% 0% July 1 80% 20% July 1 0% 100% ��IBER INCOP14E AND PiEMBERSIIIP GRC 72 -73 73 -74 74 -75 75 -76 76 -77 77 -78 78 -79 $130,000 125,000 120,000 115,000 110,000 ,105,000 100,000 95,000 ' 90,000 85,000 80,000 75,000 70,000 65,000 60,000 55,000 50,000 45,000 40,000 35,000 30,000 NUMBER OF MEMBERS 700 650 600 550 500 450 400 350 300 250 700 650 600 550 500 450 400 350 300 250 CITY CONTRACT AS A PERCENTAGE OF CHAMBER BUDGET April, 1978 73 -74 74 -.75 75 -76 76 -77 77 -78 78 -79 50% 45% 40% 35% 30% 25% 20% 50% 45% 40% 35% 30% 25% 20% __ RESOLUTION NO. 3630 (19 78 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND LINNAEA,PHILLIPS_TO.EXTEND EXISTING AGREEMENT FOR, MISSION PLAZA EVENTS'COORDINATOR TO JUNE 30, 1979. 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 Linnaea Phillips, extending existing agreement for Mission Plaza Events Coordinator to June 30, 1979, 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: Linnaea Phillips, City Finance Department, Promotional Coordinating Committee On motion of Councilman Dunin , 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 1st day of August 19 78 . ATTEST: i Terk J.H. Fit#atrick R 3630 Ar _ r Approved as to form :h Approved as to content: en Grimes, City Attorney Ci minstrative Officer Pro -Tem Sally ting Committee AMENDMENT EXTENDING AGREEMENT FOR MISSION PLAZA EVENTS COORDINATOR The undersigned parties to the Agreement for Services as Mission Plaza Events_ Coordinator, dated July 1, 1977, hereby agree to extend said agreement to and including June 30, 1979. The rate of compensation shall remain Two Hundred Thirty Dollars ($230.00) per month for eleven (11) months. The following change is made to said agreement: 118. Miscellaneous expenses shall be submitted to the Promotional Coordinating Committee for approval prior to payment by the City Finance Department. All other terms and conditions of said agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed this 2nd day of August 1978. COORDINATOR Linna— fillips CITY OF SAN LUIS OBISPO ATTEST s% !(SNNETH E. SCHWARTZ By Mayor Kenneth E. Schwartz s7 J. H. FITZPATRICK City Clerk J. H. Fitzpatrick ktm 7/25/78 Approved as to content: Cry Adinie'Erative Officer Pro -Tem tT ILL / iiw l�fi �o Sally Punch hairman Proms a C rdinating Committee rent,LNx ot,tinance RESOLUTION NO. 3629 (19778 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR USE OF OES PUMPER NO. 131 UNTIL 1980. 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 the State of California Office of Emergency Services for City use of OES Pumper No. 131 until June 30, 1980, 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: City Fire Department, Office of Emergency Services: On motion of Councilman Dunin seconded by Councilman Settle , 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 1st day of August , 19 78 . ATTEST: :Me J.H. Fitzpatrick R 3629 F Approved as to form: a. Allen Grimes, City Attorney 10 Approved as to content: City Adminstrative ffic.er A�� Fire Chief O F C A L I F O R N I A E M E R G E N C Y S E R V I C E S EXTENSION OF AGREEMENT THIS AGREEMENT, made and entered into this 30th day of May_ 19 78 , by and between the State of California, acting by and through its duly appointed, qualified, and acting Director of the Office of Emergency Services, hereinafter called STATE, and the CITY OF SAN LUIS OBISPO through its duly appointed, qualified, and Acting Officers, hereinafter called TRANSFEREE. W I T N E S S E T H WHEREAS, under Agreement dated May 30, 1976 , STATE transferred possession of OES Pumper No. 131 , along with certain equipment to TRANSFEREE for a period of two years commencing June 30, 1976 and ending June 30, 1978 , for a consideration set forth therein; and WHEREAS, it is the desire -of the parties hereto to extend the term of said agreement for an additional two -year period upon the same terms and conditions; NOW, THEREFORE, it is mutually agreed as follows: 1. The paragraph of said agreement relating to term is hereby amended to provide that the commencement date shall. be June 30, 1978 , and the expiration date shall be June 30, 1980 2. All other terms and conditions of said agreement shall remain unchanged and in full force and effect during the extension period provided for herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first hereinabove written: CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA Kenneth E. Schwartz, Mavor (Title) F -129 (3/71) ALEX R. CUNNINGHAM Director, Office of Emergency Services By: R. G. Barrows, Chief Fire and Rpscup Division (Title) S T A T E O F F I C E O F O F C A L I F O R N I A E M E R G E N C Y S E R V I C E S EXTENSION OF AGREEMENT THIS AGREEMENT, made and entered into this 30th day of May_ 19 78 , by and between the State of California, acting by and through its duly appointed, qualified, and acting Director of the Office of Emergency Services, hereinafter called STATE, and the CITY OF SAN LUIS OBISPO through its duly appointed, qualified, and Acting Officers, hereinafter called TRANSFEREE. W I T N E S S E T H WHEREAS, under Agreement dated May 30, 1976 , STATE transferred possession of OES Pumper No. 131 , along with certain equipment to TRANSFEREE for a period of two years commencing June 30, 1976 and ending June 30, 1978 , for a consideration set forth therein; and WHEREAS, it is the desire -of the parties hereto to extend the term of said agreement for an additional two -year period upon the same terms and conditions; NOW, THEREFORE, it is mutually agreed as follows: 1. The paragraph of said agreement relating to term is hereby amended to provide that the commencement date shall. be June 30, 1978 , and the expiration date shall be June 30, 1980 2. All other terms and conditions of said agreement shall remain unchanged and in full force and effect during the extension period provided for herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first hereinabove written: CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA Kenneth E. Schwartz, Mavor (Title) F -129 (3/71) ALEX R. CUNNINGHAM Director, Office of Emergency Services By: R. G. Barrows, Chief Fire and Rpscup Division (Title) Approved as to foil) Approved as to content: en Grimes, City Attorney City Adminstrative � ficer 1 Fire Chief s RESOLUTION N0.3628 ( 1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING CURB AND GUTTER, SIDEWALK, AND DRIVEWAY RAMP IMPROVEMENTS ON PORTIONS OF SOUTH AND BROOK STREETS IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the Council hereby preliminarily determines that the public interest, necessity and convenience require the construction of curb and gutter, sidewalk and driveway ramp improvements on those portions of streets within the City of San Luis Obispo as set forth on ERhibit "A" attached hereto and incorporated by reference. 2. That September 5, 1978, at 7 :00 P.M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for public hearing on.said matter, and notice thereof shall be published twice in the Telegram- Tribune, a newspaper of general circulation in said City; the first publication to be at least twenty days prior to said hearing.. Copies of said notice shall be posted i'.n accordance with the requirements of Municipal Code Section 7350.1(b). 3. That subject to any modifications or exceptions declared by the Council at the close of said hearing, said parcels shall be so improved by the property owner, or the City Engineer shall proceed to have the work done and the cost thereof shall be made a lien against the property in accordance with Sections 7350 et seq. of the San Luis Obispo Municipal Code. R 3628 C) 0 Resolution No. 3628 (1978 Series) On motion of Councilman:Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None the following resolution was passed and adopted this 1st day of August 1978, . ATTEST: y erk J.H..Fitzpatrick Approved as to fo Allen Grimes, City Attorney -2- Approved as to content: -Tem or I J EXHIBIT "A" NOTE: C = Curb & Gutter S = Sidewalk R = Driveway ramp OWNER LOCATION PARCEL NO. IMPROVEMENTS REQUIRED_. Model Lands Inc. 34 South St. 3- 711 -23 C,S,R, P. Dubin 23 -27 South St. also Brook St. side 4- 741 -01 C,R(2) J.K. & P.S. Erlandson 180 -190 Brook 4- 741 -08 C,R P. Nisperos 178 Brook 4- 741 -07 C T & M Abad 176 Brook 4- 471 -06 C City of S.L.O. 170 Brook 4- 741 -04 C,R St. Luke Baptist Church 160 Brook 4- 741 -10 C St. Luke Baptist Church 160 Brook 4- 742 -12 C,R R. Hollie 165 Brook 4- 742 -07 C,R W.L. Howse, etal. 171 Brook 4- 742 -06 C,R R.E. Barger 175 Brook 4- 742 -05 C,R L & R.B. Lenger 179 Brook 4- 742 -04 C,R P.G. Dubin, etal. 179 Brook 4- 742 -10 C A. Owens c/o A.M. Dunn 183 Brook 4- 742 -11 C,R J.C. & A.E. Bowers 195 Brook 4- 472 -02 C,R also South St. side P.G. Dubin, etal. 67 South St. 4- 742 -09 C C & J.M. Robertson 67 South St. 4- 742 -01 C,R c/o Standard Motors :_ :: Z., & Equipment RESOLUTION NO. 3627 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 687, EXPOSITION PARK UNIT #l, GANN INVESTMENTS, DEVELOPER, LOCATED ON MEADOW ST. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council pre.viously made certain findings con- cerning Tract 687 as contained in Resolution No. 3519 (1978 Series). SECTION 2. This Council now hereby approves the final map of Tract No. 687 located on Meadow Street, subject to the conditions in the subdivision agreement attached hereto, marked Exhibit "A" and hereby incorporated herein, and authorizes the Mayor to execute said subdivision agreement on behalf of the City. On Motion of Councilman Dunin , 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 is passed and �do ted this 1st — day of August , 1978. ATTEST: , Cjot'y . L- erk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de Ia'MOTTE & LILLEY CITY ATTORNEY by Allen Grimes 0 r Kenneth T.' Schwartz Approved as to content: i y Administrative Officer community MvelopmEWt Director it gineer R 3627 AGREE ?Ili ""I" THIS AGREEiMEN•[ , dated this 2nd lay of August 19 78 , b% ;ins] between R. Wayne Gann herein referred to as "Subdivider ", and the CITY OF SAN LU[S OBESEO, herein referred to as the "City" W I T N E S S E T II: REFERENCE IS HEREBY M DE 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 "Flap of Tract No. 687 Exposition Park Unit 1 City of San Luis Obispo, California ", as approved by the City Council, on the 1st day of August 119 78 WHEREAS, the Subdivider desires that said Subdivision Map of said Tract mo. 6 87 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WTIE-REAS, 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 hereb; 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 wif: I. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. PLATER PLANS and SFI,iER MAINS, includilig sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES S. ORNAPIENTAL METAL. FLF.CTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABI Ti TEI.EVTS10h:: In ndditi.on to the inspec- tion and approval of such facilities by the City,.eaeh public utility shall be required to file a letter stating that the developer has prop- erly installed all facilities to he provided by him, and that the said utility is prepared to provide service to residents upon request... 7. ANY & ALL OTHER IIMPROVEME•.NTS shoc,:n 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 i vi,lfr In fly -rr, rd nrn ,:irh Ca i,l pat, r., •,•J nl•, r,G .,,.,1 I lh^ .Stub li': ide 1' :l re tliat thr, '.,o rl: be 0 lil .dl th In _thirty 30) days 11' %)i17 the (lilt Of rCCllrtl ln oL7 the i 111:11 and that the work shall be completed within eighteen (131 months of >:uid recording date, unless an extension has been granted by the City Council, provide(i that if completion of said wort: is delayed by Icts of God or strikes, the Subdivider shall have an additional period of time e(plivalent to such period of delay in t�hich to complete such work. Any extension of ti.me 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 Citv Council. 1. The developer shall pay to the City the sum of $2,664.30 for water acreage fees. (Lots 1 thru 12 only.) 2. The developer shall plant 22 trees along Meadow Street to the approval of the City's Public Services Director. 3. Grading permit fees in the amount of $183.00 shall be deposited with and treated as normal subdivision fees. 4. The developer shall deposit with the City a cash bond in the amount of $500.00 to assure final monumentation of the subdivision. Said deposit will be released to the developer upon receipt by the City of a letter from the Engineer indicat- ing he has completed the work and has been paid. 5. The developer shall plant all slope banks with an approved planting and maintain this planting so as to have a good ground cover prior to acceptance of the tract. 6. Lots 14 and 15 will pay their fees at the time they are further subdivided. 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, I'ashington, D.C. the S"hdi ider hcruC h Mhes hur.lr' . and nq on ! •Q: r_. I. .,.; iri 1 i;:i i. C•.'•O C. :II "� security for the Forformance of this a!',I'evnont. ( instrument :'( crudfahnn,11 nppru Q by and in favor of the City of San Luis Ohispo. and conditionAl upon the faithful performance of this agreement, which said ( instrument of cr_rdit /Lond) is in the amount of > 83,000.00 , and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arisin;; from faulty workmanship 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 101 of the improvement security, that amount being deemed sufficient to guarantee faithful i 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 50% of the above described subdivision .improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of f 4,980.00 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 inspection fees exceed the sum of $ 5,163.00 Q the event the , the difference is to be paid by the City of San Luis Obispo. The City reserves the sole discretion in determining -3- Article 9, Chapter I of the San Luis Obispo Municipil Code, vntit.ly,l "Subdivision" - All flans and specifi.catinns on file with said City- Vq; inner as a part of said Subdivision Map, and all other docuwvnt. filed with the City by the Subdivider and approved by the City Engineer are hcrchy rcfcrr& 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 hind 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. I\ WITNESS WHEREOF, this agreement has been executed by: 2nd day of August , 19 78 Approved as to form City Attorney 2nd day of August 19 78 Subdivider•. _ 5 KENN' T SCHWARTZ Mayor Kenneth E. Schwartz Attest: s7 1_ H FIT7DATRICK ! City ngincer City Cleri< J.H. Fitzpatrick -a- V 0 the amounts to h., Maid for ..alnry :ind vxrrngws oF qnid ir.sr. o:tnr or inspectors. Article 9, Chapter I of the San Luis Obispo Municipil Code, vntit.ly,l "Subdivision" - All flans and specifi.catinns on file with said City- Vq; inner as a part of said Subdivision Map, and all other docuwvnt. filed with the City by the Subdivider and approved by the City Engineer are hcrchy rcfcrr& 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 hind 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. I\ WITNESS WHEREOF, this agreement has been executed by: 2nd day of August , 19 78 Approved as to form City Attorney 2nd day of August 19 78 Subdivider•. _ 5 KENN' T SCHWARTZ Mayor Kenneth E. Schwartz Attest: s7 1_ H FIT7DATRICK ! City ngincer City Cleri< J.H. Fitzpatrick -a- G i ala 7 7.7,Y.211.,v Yo A 44 Qj � LL, .road .4p.lp.62 is 7 7tkl�017 4;7. 3k Co ry 4.4 Mi Yo tn 9 OL 771Q A 44 Qj � is 7 7tkl�017 4;7. 3k Co ry 4.4 tn 9 OL 771Q A 44 Qj � tn 9 OL 771Q VI 44 Qj � VI I ly RESOLUTION NO. 3626 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -78 =25 LOCATED AT 91 AND 95 PALOMAR DRIVE (KEITH HOUSER AND GERALDINE HOUSER, APPLICANTS) 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 SLO -78 -25 as contained in Resolution No. 3548 (1978 Series). SECTION 2. This Council now grants final approval of Parcel Map No. SLO -78 -25 (Keith Houser and Geraldine Houser, applicants). On motion of Councilman Dunin , 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 1st day of August 1978. ATTEST: Ci erk J. H. Fitzpatrick Approved as to for Allen Grimes, City Attorney Approved as to content: A ministrative Officer Pro -Tem /V]l - ty Engineer R 3626 follows: C RESOLUTION N0. 3625 (1978 SERIES) 0 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -77 -227 LOCATED AT 1104 IRIS STREET, (Vincent Crooks; applicant). BE IT RESOLVED by the Council of the City of San Luis. Obispo as SECTION 1. This Council previously made certain findings concerning Parcel Map No. SLO -77 -227 as contained in Resolution No. 3468 (1977 Series). SECTION 2. This Council now grants final approval of Parcel Map No. SLO -77 -227 (Vincent Crooks, applicant) and authorizes the Mayor to sign the agreement. 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 was passed and adopted 1978. ATTEST: C Clerk J. H. Fitzpatrick Approved as to form: Allen Grimes, City Attorney 1st day of August , Kenneth E. Schwartz Approved as to content: ty Administrative Officer Pro -Tem City I sneer R 3625 G a �:: are 1' . ne'(•,� i g n o � a n o S G r °o p o O na ^ t �n S • n e '- i bnSl] a n > n Di t U) � Cn :7 I71 � T� O A 3 m a r C V I D 3 N v z • + V M• o ND 8 `• a 3 a; a p II • p s }• n ./. =ln. w� •..3 •. /n•. • c,) § tea. • 120• 20' y (,i) I I D I '" 9•R'(.n C P Re ev(a) l�l N IY eI' Ov V ~ • x- 1"' oe- rn5 � '-z . r o <�f� -� m s b' n O I4 K e rjr. )Nr2) s )ftL.�'. �f r 1 o o � a n o S G r °o p o O na ^ t �n S • n e '- i bnSl] a n > n Di t U) � Cn :7 I71 � T� O A 3 m a r C V I D 3 N v z sm n 6 n O r o 1 > a e e ° 6 m ( n az�G: oo' h5 I •, ° I r`" I Fah y Vy r �a C0. I I I I � I �FOPMERLY SAKT4MCA4 p7) • '•o e.SU.<wT.on �AB4N DONED)� n p .ueuc rl W.v ..�RP°ae•1 0 I 1A N)GS y. H" Y rM •^.b WIO[ G.�!Mf'Vf f0 SP TRyI$ItJRTG(IOA I I n. 0 mA :: nn SM n� JJ M• 8 `• a 3 a; a p II • p s }• n ./. =ln. •..3 •. /n•. • . § tea. • '7 p• n O n ,> • y m' I D r • V = [ '" 9•R'(.n C P Re ev(a) �• °- 0.1�..r1 On -pie wy N IY eI' Ov V ~ • x- 1"' oe- rn5 8 a 3 u n i b . r o <�f� -� m s b' n O I4 K e r 6 Op r e n C• � s s r • • Vln o o n' -'• 00 ry Y '! NaN y• , e c p L n -�Vre e • .°. • n K • r p > • � a 7 K a • c sm n 6 n O r o 1 > a e e ° 6 m ( n az�G: oo' h5 I •, ° I r`" I Fah y Vy r �a C0. I I I I � I �FOPMERLY SAKT4MCA4 p7) • '•o e.SU.<wT.on �AB4N DONED)� n p .ueuc rl W.v ..�RP°ae•1 0 I 1A N)GS y. H" Y rM •^.b WIO[ G.�!Mf'Vf f0 SP TRyI$ItJRTG(IOA I I n. 0 mA :: nn SM n� JJ M• 8 `• a 3 a; a p II • p no }• n ./. =ln. • •. /n•. • . 3 • '7 p• n O n ,> • y m' I D r • V = [ '" 9•R'(.n C P Re ev(a) �• °- 0.1�..r1 On -pie wy N IY eI' Ov V ~ • x- 1"' oe- rn5 = ul : I- oq i. an O tzr]ri j'r s w' • r ^ I fl4 �' ° • p no }• n ./. =ln. • •. /n•. • . D • '7 p• n O n ,> • I D r • V = [ '" a C P a �• °- 0.1�..r1 On -pie wy •i 8 a 3 u n i b . r o <�f� -� m s b' n O I4 K e 9:' c sKb _ °y-�i -_.' > � s s r • • Vln o o n' -'• Y '! NaN y• p L n -�Vre 1 • = ul : I- oq i. an O tzr]ri j'r s w' • r ^ I fl4 �' r r p no }• n ./. ••. •= i 1 0 9 • > • • O • r O • - O D • '7 p• n O n ,> • I D r • V = [ ; S i a b ' i .I AGR1:1:o1 %;_F THIS AGREEMENT, dated this 2nd day of August 1978 by and between Vincent Crooks , herein referred to as "Subdivider ", and.thc CITY OF SAN LUIS OBISPO, herein referred to as the "City" N I T N E S S E T If: REFERENCE IS HEREBY \L-DE 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 No. SLO -77 =227 located at 1104 Iris Street City of San Luis Obispo, California ", as approved by the City Council, on the 1st day of August 1978 WHEREAS, the Subdivider desires that said .Parcel Map No. SLO -77 -227 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and hiiEREAS, 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 s WATER ktaINS and SEWER '`LOINS, 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 E ALL OTHER 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 plans and specifications. C 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 man, and that the work shall be completed within eighteen (18) 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 developer shall pay to the City the sum of $1068.18 for water acreage and frontage fees (.179 x$1070.00 = $191.'53 for acreage) plus ($81.93 x $10.70 = $876.65 frontage). 2. Developer will pay construction tax at the time he acquires a building permit, no in—lieu park fees are being paid at this time.. 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._ , The Subdivider hereby attaches hereto, and as an integral 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 $ 8.500.00 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 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 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 SOo of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $ 255.00 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 $ 255.00 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 of said inspector or i.nsnectors. 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: 2nd day of August 19 78 Approved as to form l City Attorney 2nd day of August 19 78 ivider. s] KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz '� /%--2 � Attest: s7 J. H. FITZPATRICK Ci Engineer City Clerk J.H. Fitzpatrick -a - lordi.zjrg, i2equested By: CITY. d1: -SAN LUIS OBISPO WHEh Recorded, Please Return't;: CITY CLERK'S OFFICE City of San Luis Obispo P.O. Box 321 I.eue Obispo, CA 93401 WIWAM E. ZIMARIK COUN V RECORDER nn" , i : U 5 AM RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL FINDING THAT A PORTION OF HENRY STREET BETWEEN IRIS STREET AND THE SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY IS NO LONGER NEEDED FOR STREET PURPOSES AND ABANDONING SAME WITH.CERTAIN RESERVATION FOR UTILITES EASEMENTS. RESOLUTION NO. 3624 (1978 Series) k 05413 - I6,� E00000.000A O ooa Na 39299 OMCIAL RECORDS SAN WIS 08Wo Co„ CAL AUG 16 1978 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, the City Council received a recommendation from the Planning Commission to abandon a portion of Henry Street; and WHEREAS, the City Council finds that the street is not needed for present or future street purposes except for a 20 -foot center portion to be reserved for access for Southern Pacific Railroad and entire right -of -way reserved for drainage, present and future utilites. NOW THEREFORE, the City Council resolves (1) that the portion of Henry Street between Iris Street and the Southern Pacific Railroad right -of- way as shown on exhibit "A" attached, is hereby abandoned reserving from said right -of -way a 20 -foot easement for the Southern Pacific Railroad and the entire right -of -way for drainage, present and future utilities; (2) that the city clerk shall cause a certified copy of this Order of Abandonment, duly attested under.the seal of the city, to be recorded in the San Luis Obispo county recorder's office. On motion of Councilman Jorgensen, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Petterson, Settle, Jorgensen, Dunin and Mayor Schwartz. NOES: None ABSENT: None The,foregoing resolution was passed and adopted this 1st day of August, 1978. LVOL2093 PAGE 330 M ATTEST: Ci erk J.H. Fitzpatrick Approved as to form: t By Allen Grimes drs 8/2/78 Approved as to content: City Administrative Of r 2 e-,6 Public Services Department kVOL2093 PAGE 331 r� n 'tip /f4 B7 /.L�M�� / J s' sa,'' f I bl V -�N.1P 59 3G•'E 47. ^ly�N) � f „ L2 n 9 I PARCEL P- PARCEL A o c v 5 1'7-3 0 S. F=. 3 I o I . I j .: �•��9�.oc•�n.t) 8,.93' %Mi � i 174.93'(n,1) BASIS GF B: - -. N 53° 07' 0011,5 ri 0 a °I� 1l -- . i s, s END OF DOCUMENT LVOL2993 PAGE 332 4 RESOLUTION NO. 3623 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ANNEXATION OF-+27ACRES KNOWN AS THE FOOTHILL ANNEXATION PROPOSAL. WHEREAS, the owners of 26 J,,'acr.es.located at the northwestern edge of the city, north of Foothill Boulevard, are requesting annexation to the city; and WHEREAS, the Local Agency Formation Commission has approved the annex- ation; and WHEREAS, the annexation request is consistent with criteria in the city general plan for "minor annexations;" and WHEREAS, the City Council has approved the applicant's development plan for 19 single - family lots and one homeowner's association recreational lot 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 fora O 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 agricul- tural 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 26.T a'cresapproved by LAFCO Resolution No. 78- 14.shown on exhibit "A" and described on exhibit "B ", attached hereto, is hereby approved for annexation to the City of -San Luis Obispo. SECTION 2. In accordance with the provisions of Section 35350 of the Government Code, the city clerk shall transmit a certified copy of this reso- lution 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. R 3623 Resolution No. 3623 Foothill.Annexation Page 2 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. 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: Councilman Jorgensen ABSENT: None the foregoing resolution was passed and ado 1978. ATTEST: City Attorney eop:7/26/78 this 1st day of August , Approved as to content: �dfhlnstrative Officer Pro -Tem Commurn ty velopmerd Department 1 C C rn C ~ S " nIs . C I I I 1 Y 1 a m I ,R Dyd 7 1 J 1 m x , H + I y • I / 4 L{� r•Da � � 8Q# p gam g �0L 4 o 2: i2 j F 90 / � Y• �o oo� / far K • / m EXHIBIT "B" FOOTHILL ANNEXATION DESCRIPTION A parcel of land being a portion of the Southeast ; of Section 21 and the Northeast ; of Section 28, T. 30 S., R. 12 E., M.D.M., San Luis Obispo County, California described as follows: Beginning at a point on the present City Limit boundary said point being 25.00 feet north of the Section Line between said Sections 21 & 28 and said point also being 440.00 feet west of the East line of said Section 21; thence Northerly along said City Limit boundary being parallel to and 440.00 feet from the East line of said Section 21, North 1310 feet more or less to an angle point in said present City Limit boundary, said point bears North 890 46' East, 194 feet more or less from point J -22 as shown on Parcel Map CO -74 -50 as recorded in Book 17, Page 7 of Parcel Maps; thence South 89° 46" West, 194 feet more or less along said present City Limit boundary to said point J -22; thence continuing along said present City Limit boundary South 89° 46' West, 703.51 feet to an angle point in said present City Limit boundary, said angle point being the fence corner designated as the North- west corner of Parcel A as shown in Book 17, Page 7 of Parcel Maps; thence leaving said present City Limits boundary and running along the Westerly boundary of said Parcel A through the following courses: 1) South 0° 34' 18" East, 1025.78 feet 2) North 89° 50' East, 377.53 feet 3) South 49° 00' East, 75.00 feet 4) thence on a curve to the right, tangent to the last described course, having a radius of 175.00 feet through a central angle of 90° 00' for a distance of 274.89 feet. 5) South 410 00' West, 23.59 feet 6) thence on a curve to the left, tangent to the last described course, having a radius of 300.00 feet through a central angle of 88° 18' for a distance of 462.34 feet; Thence continuing along said westerly boundary and its prolongation across Foothill Boulevard South 47° 18' East, 71.52 feet to a point on the present City Limit boundary; thence following the present City Limit boundary through the following courses: 1) North 42° 42' East., 285.05 feet CCERIF ED DY COUNTY SURVEYOR 2) North 5° 10' West, 265.03 feet 3) North 890 50' East, 192.16 feet 4) North 370 15' East, 31.48 feet to the true point of beginning and containing 26.7 acres more of less. IN THE LOCAL AGENCY. FORMATION - C-OMMISSION COUNTY OF SAN LUIS OBISPO;'STATE OF CALIFORNI JUL 1978 RECEIVED city of !Z", Luis Obispo camram4 pOWTtoDment THURS DAY, JULY 20 , 1978 PRESENT: COMMISSIONERS:B.DUVALL, H. HEILMANN, H. MANKINS, B'ANN SMITH AND CHAIRMAN B. SCHWARTZ ABSENT: NONE RESOLUTION NO 78 -14 RESOLUTION APPROVING FOOTHILL ANNEXATION TO THE CITY OF SAN LUIS OBISPO The following resolution is now offered and read: WHEREAS, a proposal for annexation of territory to the City of San Luis Obis was duly filed with the San Luis Obispo County Local Agency Formation Commission, together with supporting documents required by the rules of said Comm.iss ion; and WHEREAS, said proposal has been processed pursuant to the provisions of the Government Code of the State of California as determined by the Executive Officer to the best of his knowledge; and WHEREAS, at the times and in the form and manner provided by law, said Executive Officer has given notice of public'hearing by this Commission upon said proposal; and WHEREAS, said Executive Officer has reviewed said proposal and prepared a report, including his recommendations thereon, said proposal and report having been presented to and considered by this Commission; and WHEREAS, the public hearing by this Commission was held upon the date and at the time and place specified in said Notice of Public Hearing and in any subsequent hearings; and FORM 25 �\1 u WHEREAS, at such hearing this Commission•,heard and received all oral and written protests, objections, and evidence which were made, presented, or filed, and all persons present were given the opportunity to hear and be heard in respect to any matter relating to said proposal and report- NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the _ Proposed annexation of territory to the City of San Luis Obispo of which the exterio.r- boundaries as indicated on the map and legal description attached hereto and made a part of this Resolution, representing uninhabited territory, and being further identified in the files of the San Luis Obispo County Local Agency Formation Commission as file no. 10 -R -78 . be and the same is hereby APPROVED and designated as Foothill Anne by the San Luis Obispo County Local Agency Formation Commission, subject to the following conditions and terms: FORM 25 (2) 1. That the City is authorized to complete the annexation without further notice, hearing or election. C, BE IT FURTHER RESOLVED AND ORDERED. -that the Executive Officer of said Commission is' hereby authorized and directed to mail certified copies of this resolution in the manner as provided by law. On motion of Commissioner Heilmann , seconded by Commissioner Mankins and on the following roll call vote, to -wit: AYES: Heilmann, Mankins, buVall, Schwartz, Smith NOES: None ABSENT: None ABSTAINHIG: 'None. the foregoing resolution is hereby adopted. Chairman, L al Agency Formation Commission Barney Schwartz w r'ara a r 1 s o n ✓ Deputy Executive Officer STATE OF CALIFOR;;IA 1 ss County of San Luis Obispo ) 1, BARBARA W. CARLSON Deputy Executive Officer of the Local Agency Formation Commission, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true, and correct copy of an order made by the Local Agency Formation Commission as the same appears spread.upon their minute book. FOR14 25 0 ) NTputy Executive Ot ice.r Local Agency Formation Commission