HomeMy WebLinkAbout6500-6524RESOLUTION NO. 6524`(1988 Series),
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A HOMELESS
SHELTER PROGRAM AND AUTHORIZING A CONTRACT
TO OPERATE THE SHELTER
WHEREAS, County and City staffs have worked with the Coalition for the
Homeless and service providers to develop an emergency shelter program for
the homeless at Kansas Avenue; and
WHEREAS, the Board of Supervisors has approved this program; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. The City Council hereby approves a homeless program at Kansas
Avenue or any other appropriate site including a one -third share of cost
up to $65,000 to fund the operation for the period January 1, 1989 to July
1, 1989.
%) 2. The City Council hereby authorizes staff to negotiate and the City
Administrative Officer to approve the agreements necessary for the
operation of 'a shelter at Kansas. Avenue or any other appropriate site from
November 1, 1988 to July 1, 1989.
1�
On motion of Councilman Settle, seconded by Councilwoman Rappa, and on
the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss.and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of November,
1988. %
T MAYOR RON DUNIN
TE . D
C TY CLERK PAMELA OGES
* *s * *s*
Approved:
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City inistrat' Officer
Director of Finance
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/i# -tity Attooey
6524
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RESOLUTION NO. 6523 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF A USE PERMIT FOR A HOMELESS SHELTER
AT 1333 JOHNSON AVENUE (A114 -88)
WHEREAS, the Planning Commission on September 28, 1988, considered the application
by People's Shelter for a temporary shelter for homeless in a house at 1333 Johnson
Avenue, and conditionally approved the request upon determining that it conformed with
the general plan and zoning and would not harm public health, safety, or general welfare;
and
WHEREAS, Douglas Simmmonds, Charles Marshal, and others have appealed to the
council; and
WHEREAS, the Council has considered public testimony, project plans, records of the
Planning Commission's action, and the evaluation and recommendation of staff; and
WHEREAS, the council has determined that the action of the Planning Commission was
not appropriate and the proposed use does not conform with the general plan and zoning
and would harm the public health, safety, or general welfare;
NOW, THEREFORE, the council resolves to uphold the appeal and deny the use permit
request.
On, motion of ...Counci.lman..Settle , seconded by ,rlayor Dunin.............
and on the following roll call vote:
AYES: Councilmembers Pinard, Reiss, Rappa and Mayor Dunin
NOES: Councilman Settle
ABSENT: None
the foregoing resolution was passed and adopted this ..I day of , Nmmmber .. , 1988.
...........
Mayor Ron Dunin
ATTEST:
City Clerk Pam ge
T-
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Resolution No. 6523 (1988 Series)
Page 2
APPROVED:
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C y Ad inistrative Officer
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Community Development Director
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F�c�n�
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RESOLUTION NO. 6522 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AWARDING THE CONTRACT FOR WASTEWATER TREATMENT PLANT
PAVING RESTORATION, CITY PLAN NO. M -36S
WHEREAS, the Council received bids for the Wastewater Treatment Plant
Paving Restoration Project, City Plant No. M -36S, and
WHEREAS, the Engineer's Estimate was $36,000.00, and
WHEREAS, the one bid was received from R. Burke Corporation of San Luis
Obispo in the amount of $42,875.00, and
WHEREAS, there is money available in the Wastewater Fund CRP Allocation,
NOW THEREFORE BE IT RESOLVED, the following items:
1. Award contract to R. Burke Corporation of San Luis Obispo.
2. Direct the City Clerk to prepare the appropriate documents for
signature by the successful low bidder and the Mayor.
3. Authorize the Mayor to execute the contract documents.
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilwoman Pinard
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this lst day of
November 1988.
ATTE ST:
CITY CLERK PanUoges
6522
0 0
Resolution No. 6522 (1988 Series)
Page Two.
APPROVED:
City Administrative Officer
City Att ney
t F' once Director
Utilities Director
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RESOLUTION NO. 652 1(1988 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY CLERK
WHEREAS, the City Council establishes the salary range for among other
positions, the City Clerk in the Appointed Officials Compensation Plan
(Resolution No. 6500 - 1988 Ser.ies); and
WHEREAS, the City Council has evaluated compensation factors for the City
Clerk under Section 2 of the Appointed Officials Compensation Plan (Resolution
No. 6500 - 1988 Series); and
WHEREAS, by Resolution No. 6355 (1987 Series), the City Council
established compensation for City Clerk Pamela Voges.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective July 1, 1988, the City Clerk's salary shall increase
from $3530 per month to $3724 per month.
SECTION 2. All other compensation and benefits afforded the City Clerk
under the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988
Series), and the City Clerk Employment Agreement (Resolution No. 6172 - 1987
Series), not superseded by the above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City
Clerk at the mid -year review.
On motion of Councilman Settle seconded by Councilwoman Pinard . and on the
following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this Ist day of November
1988.
ATTEST:
Q_ ( I2�,
CITY LERK PAM VO S
a
IM70R RON DUNIN
R6521
/ Resolution No. 6521
Page 2
APPROVED:
ity Adrinistrative Officer
City At
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Pin nce Director
Wbo 1QI". w
Person nelhirector (A( -}in9)
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RESOLUTION NO. 652QI988 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ATTORNEY
WHEREAS, the City Council establishes the salary range for, among other
positions, the City Attorney in the Appointed Officials Compensation Plan
(Resolution No. 6500 - 1988 Series); and
WHEREAS, the City Council has evaluated compensation factors for the City
Attorney under Section 2 of the Appointed Officials Compensation Plan
(Resolution No. 6500 - 1988 Series); and
WHEREAS, by Resolution No. 6354 (1987 Series), the City Council
established compensation for City Attorney Roger Picquet.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective July 1, 1988, the City Attorney's salary shall
increase from $5163 per month to $5447 per month.
SECTION 2. All other compensation and benefits afforded the City Attorney
under the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988
Series), and the City Attorney Employment Agreement (Resolution No. 6171 - 1987
Series), not superseded by the above shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City
Attorney at the mid -year review.
On motion of Councilman Settle seconded by Councilwoman Pinard and on
the following roll call vote:
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this Ist day of November
1988.
OR �ROXDUN_IIN
ATTEST•
Q -YV. V
CITY C ERK PAM VO S
R6520
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Resolution No. 6520 (1988 Series
Page 2
APPROVED:
City Ad inistrative Officer
City AttoVney
v
Fin nce Director
Personnel Director ( Ac4in5)
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RESOLUTION NO. 6519 (1988 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ESTABLISHING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, the City Council establishes the salary range for, among other
positions, the City Administrative Officer in the Appointed Officials
Compensation Plan (Resolution No. 6500 - 1988 Series); and
WHEREAS, by Resolution'No. 6198 (1987 Series), the City Council
appointed John Dunn as City Administrative Officer; and
WHEREAS, the City Council has evaluated compensation factors for the
City Administrative Officer under Section 2 of the Appointed Officials
Compensation Plan (Resolution No. 6500 - 1988 Series).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective July 1, 1988, the City Administrative Officer's
salary shall increase from $5,600 per month to $5908 per month.
SECTION 2. All other compensation and benefits afforded the City
Administrative Officer under the Appointed Officials Compensation Plan
(Resolution No. 6500 - 1988 Series), and the City Administrative Officer
Employment Agreement (Resolution No. 6198 - 1987 Series), not superseded by
the above shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City
Administrative Officer at the mid -year review.
On motion of Councilman Settle seconded by Councilwoman Pnard and on
the following roll call vote:
AYES: Councilmembers Settle„ Pinaid, Rappa, Reiss and Mayor Dunn
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this lst day of November,
1988.
ATTEST:
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CITY CLERK PAM Elf
00-000MM-00
AYOR RON DUNIN
R6519
Resolution No. 651 9 988 Series)
R4ge 2
APPROVED:
ity Ad4inistrative Officer
ity At
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FinifncLeo Director
Personnel Director (Acfirn3)
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RESOLUTION NO: 6518 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING BID AND AWARDING A CONTRACT
WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a
contract on behalf of the City for the following:
PROJECT: STENNER CANYON RESERVOIR NO. 2 CITY PLAN NO.: L_ -22M
CHLORINE BUILDING
ESTIMATE: $50,000.00 FUND No.: 050- 9724 -091 -572.
BIDDER: VERNON EDWARDS BID AMOUNT: $27,991.00
NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the
appropriate documents for signature by the successful bidder and the Mayor.
On motion of _ Councilman Settle _ seconded by Councilwoman Pinard and
on the following roll call vote:. _
AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of
November._ 1988:
4elE ��s
VM70-R Ron Dunin
ATTEST:
V
CITY CLERK Pam ges
APPROVED: A
City Administrat" e Officer
�milro
FinanM Director
Utilities Director
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RESOLUTION NO. 6517 (19t'8 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
The attached Traffic Work Orders for the period of July 1, 1988 through
September 391, 1988 . are hereby approved.
On motion of Councilman Settle ;seconded by Councilwoman Pinard
and on the following roll call vote.:
AYES: Councilmembers Settle, Pinard, Rappa and.Reiss
NOES: Mayor Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of November
1988.
MAYOR Ron Dun n
ATTEST: \.
I
CITOCLERK Pam V es
APPROVED:
ity A ministrati�ve Officer
City At b rney
A
City Ew'gi'heer
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by
R6511
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MEETING DATE:
city of San #IS OBI SPO Nov. 1 1988
m glum, Il�llllllll ITEM NUMBER:
mia COUNCIL AGENDA REPORT
FROM: j/��
David F. Romero l. '� Wayne A. Peterso Prepared by: Barbara Lynch
Public Works Director City Engineer Engineering Assistant /Traffi
SUBJECT:
Traffic Work Orders for the Period of July 1, 1988 through September 30,
1988.
CAO RECOMMENDATION:
Pass resolution approving Traffic Work Orders for the period _f July 1,
1988 through September 30, 1988.
BACKGROUND:
The City Engineer has, over the past three months, issued work orders making
changes to improve safety and operation of the street system and parking
facilities. One third of the work orders were changes in signing. One quarter
were parking related. One fifth were red curbing requests and another one
fifth were pavement marking changes. The remainder were transit related.
It has been Council's policy in the past to accept this report on a quarterly
basis. This report satisfies this past policy.
FISCAL IMPACT:
Minor implementation costs associated with street maintenance.
RECOMMENDATION:
Pass resolution approving Traffic Work Orders for the period of July 1, 1988
through September 30, 1988.
Completed Traffic Work Orders
(July 1, 1988 through September 30, 1988)
Available in the Council office for review
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by
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RESOLUTION NO. 6516 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD
CONTROL DISTRICT 9
WHEREAS, the City of San Luis Obispo is a participant in San Luis
Obispo County Flood Control District Zone 9: and
WHEREAS, the City of San Luis Obispo is eligible for monies for
designated repair and maintenance programs in city creeks.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The certain agreement attached hereto and incorporated
herein by reference between the City of San Luis Obispo and San Luis
Obispo County Flood Control District Zone 9 is hereby approved and the
Mayor is authorized to execute the same.
On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the
following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 11th day
of October , 1988.
-0000
4 RON DUNIN
CITY (CLERK PAMELA
86516
C
Resolution No. 6516 (1988 Series)
Page Two
APPROVED:
City Adm nistrative Officer
city # t "y�/
FiftnCb Director
Public Works Director
Streets Manager
g:zone9 -re
tOW
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BEFORE THE BOARD OF SUPERVISORS
of the
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
TUES day - - - -- 8TH NOVEMBER 88
--- - - - -- --- - - - - --
PRESENT: Supervisors Jerry Diefenderfer, Evelyn Delany, James Johnson
Carl Hysen and Chairman William B. Coy
ABSENT: None
RESOLUTION NO. 88 -508
RESOLUTION APPROVING COOPERATIVE AGREEMENT BETWEEN
SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING,
GIANT REED ERADICATION AND SMALL IMPROVEMENT PROJECTS PROGRAMS
The following resolution is hereby offered and read:
WHEREAS, Flood Control Zone 9 has had an ongoing streambed
clearing program which encompasses the main streams in San Luis
Obispo Creek system; and
WHEREAS, for the past five years Flood Control Zone 9 and the
City of San Luis Obispo have cooperated and successfully carried out
the streambed clearing program; and
WHEREAS, for the past two years Flood Control Zone 9 and the
City of San Luis Obispo have cooperated in a Giant Reed Eradication
Program; and
WHEREAS, the Zone 9 Advisory Committee has considered a number
of projects recommended for construction within the City of San Luis
Obispo; and
WHEREAS, the 1988 -89 budget includes $2451000 for Small
Improvement Projects, $54,300 for the Streambed Clearing Program,
and $20,000 for the Giant Reed Eradication Program; and
WHEREAS, much of this work lies within the City of San Luis
Obispo.
NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDERED that the
attached agreement between the San Luis Obispo County Flood Control
and Water Conservation District Zone 9 and the City of San Luis
Obispo for the Streambed Clearing Program, the Giant Reed
Eradication Program and the Small Improvement Projects Program is
hereby approved and the Chairman of the Board is directed to execute
same on behalf of San Luis Obispo County Flood Control and Water
Conservation District Zone 9.
N.
RECEIVED
Nov 22 bets
SAN LWE(X&SPO. CA
c �
Upon motion of Supervisor Diefenderfer , seconded by
Supervisor Delany , and on the following roll call vote,
to -wit:
AYES: SUPERVISORS Diefenderfer, Delany, Johnson, Hysen
Chairman Coy
NOES: None
ABSENT: None
ABSTAINING: None
the foregoing resolution is hereby adopted.
WILLIAM B. COY
Chairman of the Board of Supervisors
ATTEST:
FRANCIS M. COCNISY
Jerk of the Board of Supervisors
[SEAL]
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By:
ep y
Dated:
Co. Eng. M /nt
260lx
unty uounse
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STATE OF CALIFORNIA, l
County of San Luis Obispo, J ss
FRANCIS M. C O O N E Y _ County Clerk and ex- officio Clerk
of the Board of Supervisors of the San Luis Obispo County Flood Control and Water Conservation District,
do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Super-
visors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this --------15th ------------
___
day Of ___ N____ ovem_b_er_ y - -, 19__88
FRANCIS M. GOONEY
------------------------------------------
County Clerk and Ex- Officio Clerk of the Board
[ SEAL- ;
__ of Supervisors
By -- - -111 ---- - - - - -- - --
S 0 R A R s I N F. R Deputy Clerk.
C 0..
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING
PROGRAM, GIANT REED ERADICATION PROGRAM,
AND STREAMBED IMPROVEMENT PROGRAM
This Agreement entered into the I nth day of October , 1988,
between the San Luis Obispo County Flood Control and Water
Conservation District, Zone 9 (hereinafter referred to as "Zone 9 ")
and the City of San Luis Obispo (hereinafter referred to as 'City ");
W I T N E S S E T H
WHEREAS, Zone 9 since its inception, has had a streambed
clearing program which encompasses the mainstreams of the San Luis
Obispo Creek system; and
WHEREAS, certain reaches of these streams lie within the City
of San Luis Obispo; and
WHEREAS, the City has also had a streambed clearance program;
and
WHEREAS, the program within the City of San Luis Obispo should
be more economically performed if one agency accomplished the
streambed clearance program; and
WHEREAS, such a cooperative program was successfully carried
out in the last several fiscal years; and
WHEREAS, Zone 9 work. has been accomplished with the cooperation
of personnel from.the California Conservation Corps; and
WHEREAS, a continuation of the cooperative program between Zone
9 and the City could still involve the assistance of the California
Conservation Corps; and
WHEREAS, it is in the public interest that Zone 9 and the City
understand and agree to the services to be performed by each with
respect to the streambed clearing program; and
WHEREAS, a growth of Giant Reeds in the Zone 9 watershed have
proved to be a flood control problem; and
WHEREAS, appropriate maintenance management leading to the
control and /or eradication of the Giant Reed is necessary; and
WHEREAS, it is in the public interest that Zone 9 and the City
cooperate on the needed Giant Reed control and /or eradication
program; and
WHEREAS, the Zone 9 Advisory Committee has considered small
improvement projects for erosion control and flood control benefits;
and
WHEREAS, it is to the mutual benefit of the Flood Control Zone
9 and the City to cooperate on the needed small improvement
projects; and
WHEREAS, the 1988 -89 budget appropriation includes $54,300 for
the streambed clearing program and $20,000 for the Giant Reed
Eradication Program.
WHEREAS, the 1988 -89 budget appropriates $245,000 for small
improvement projects.
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, Zone 9 and
City mutually covenant and agree as follows:
STREAMBED CLEARING AND GIANT REED ERADICATION PROGRAM:
1. Zone 9 and City will accomplish streambed clearing within the
San Luis Obispo Creek watershed with the City being responsible
for the prompt and efficient execution of the entire program .
within the City limits and Zone 9 being responsible for the
prompt and efficient execution of the balance of the program in
the unincorporated portion of the zone.
2. Zone 9 will provide funds to the City for the City to
accomplish the Giant Reed control_ and /or eradication program
within Zone 9.
3. The City shall be provided not more than $48,300 of the funds
budgeted in Zone 9 in the 1986 -87 fiscal year for the streambed
clearance program and an additional sum of not more than
$20,000 for the Giant Reed control and /or eradication program.
4. Zone 9 will reimburse the City, within the limits set forth in
paragraph 3 above, upon receipt of evidence of work performed
on the basis of monthly statements submitted for payment.
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5. All streambed maintenance work provided for by this agreement
shall be done in accordance with the following provisions of
the 1979 Memorandum of Understanding: "Work performed under
this agreement will be conducted within the following streams:
a. San Luis Obispo Creek
b. Lower watershed of Laguna Lake, including Prefumo
Creek but not Sycamore Creek
C. Old Garden Creek to Foothill Boulevard
d. Stenner Creek
e. Brizziolari Creek
Local drainage facilities such as subdivision drains, curbs,
gutters and streets and minor drainage ways not listed above
would be the responsibility of the jurisdiction within which
boundaries the facility lies, or the responsibility of the
private property owner if the facility is not publicly owned.
The streambed maintenance work is envisioned to generally
involve removal of debris which adversely affects the capacity
of the waterways or which might create a greater expense for
its removal at a different location if moved by flood flows at
a later date. It would also involve some streambed vegetation
maintenance to maintain streambed capacity. It would not
include streambed maintenance to the origin of each stream but
primarily include the lower reaches of each stream system. It
would not include abatement 'of flood hazards under the City's
abatement ordinances. It is also understood that all streambed
maintenance work will be performed under permit from the State
Fish & Game. Permits for work inside the City limits shall be
obtained by the City. Permits for work outside of the City
limits shall be obtained by the County Flood Control Zone 9."
6. The streambed maintenance program is a flood control program
and City shall use funds provided under this agreement for only
that purpose.
7. Consistent with previous practices, there shall be an annual
reconnaissance survey made by City and County within their
respective jurisdictions of needed works and such shall be done
3
reasonably before the rainy season in order that the needed
streambed clearing program can be carried out prior to the
rainy season with follow -up work done during the rainy season
as appropriate.
8. For control of vegetation, principally willows, the streambed
maintenance program may be accomplished with the use of State
Fish & Game approved herbicides.
9. Within the City of San Luis Obispo, City shall be responsible
for acquiring any landowner permission needed to accomplish the
streambed. clearing program. The City shall be responsible for
acquiring any landowner permission to accomplish the Giant Reed
control and /or eradication program.
10. The City shall act as the lead agency in complying with the
California Environmental Quality Act for work done within the
City limits.
11. Zone 9 will assist City in obtaining California Conservation
Corps' cooperation on work within the City limits and will be
responsible for arrangements with the California Conservation
Corps for work outside of the City limits but within the Zone 9
boundaries.
12. Should the streambed clearing program within the City involve
the abatement of nuisances, the removal of trees, or the like,
such shall be performed in accordance with due process of law
under the City's abatement ordinances or State law and shall be
the sole responsibility of City.
SMALL IMPROVEMENT PROJECTS PROGRAM:
13. Zone 9 shall provide funding up to an amount of tl30,000 for
the City to accomplish the following improvement projects
program:
a. San Luis Obispo Creek at Prado Road Bridge -- estimated
cost of $20,000 to stabilize bank and channel around piers
with gabions.
b. Stenner Creek at Foothill Boulevard -- estimated cost of
$209000 to remove gravel from culvert and from streambed
immediately downstream of the culvert and install gabions
4
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to reinforce the banks and to reshape the channel upstream
of the culvert.
C. Old Garden Creek at Center Street -- estimated cost
$25,000 to grade downstream channel and construct low wall
to stablize the bank.
d. Old Garden Creek at Mountain View -- estimated cost
$25,OOO.to repour the floor in culvert.
e. Prefumo Creek -- Los Osos Valley Road to Lake -- estimated
cost $30,000 to dredge material to keep the channel open
and make room for material that will be transported in by
5
future storms.
f. One -half of the cost of a study on the feasibility
of
constructing a detention dam or dams on upper San Luis
Obispo Creek to lessen the flood hazard to the City
and
other downstream properties -- estimated total cost of
not
more than $20,000 with Zone 9's maximum contribution
of
$10,000.
14.
City shall provide all design drawings and related services
for
the small improvement projects which are to be constructed
and
shall arrange for a consultant to perform the study for
the
detention dam(s) program. City shall also act as the lead
agency in complying with the California Environmental Quality
Act.
15.
Zone 9 shall reimburse City for not more than 5130,000 for said
small improvement projects program and any expenditures made
by
City in excess of that amount shall be paid at the sole expense
of City.
16.
Maintenance. City shall maintain all completed works at
no
cost to Zone 9..
17.
Ownership and Liability. City shall assume ownership
and
liability for the completed works.
GENERAL TERMS:
18.
Term. This agreement will commence on July 1, 1988
and
terminate on June 30, 1989.
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19. Indemnification and Sole Conduct. Each, party hereto shall
defend, indemnify and save harmless the other party and other
party's officers, agents and employees from and against all
claims, demands, liabili.ty cost, expense, damages, causes of
action, including but not limited to inverse condemnation and
judgments arising out of the sole negligence or sole
intentional acts of the party or its officers, agents or
employees or independent contractors solely responsible to such
party in performing or attempting to perform pursuant to the
provisions of this agreement including both acts and omissions
to act.
20. Indemnification for joint conduct between Zone 9 and the City.
The City shall defend, indemnify and save harmless County, and
its officers, agents and employees from and against any and all
claims, demands, liabilities, costs, expenses, damages, causes
of action including but not limited to inverse condemnation and
judgments arising out of the joint negligence or joint
intentional acts of City and Zone 9 and their officers, agents,
employees or independent contractors directly responsible to
them in performing or attempting to perform pursuant to the
provisions of this agreement including both acts and omissions
and to act provided however that County shall be solely
responsible for the amount of judgment rendered solely against
the Zone 9 or one of its agents or employees if such judgment
is specifically rendered in court finding of responsibility by
Zone 9 or one of its agents or employees for an act of
negligence and City shall not be required to indemnify Zone 9
for such judgment. Likewise City shall be solely responsible
for any judgment rendered solely against it or its agents or
employees which is based upon acts or omission by it or one of
its agents or employees.
21. Zone 9 agrees to cooperate with City in the defense of any such
claims or litigations.
C
IN WITNESS WHEREOF Zone 9 and City have executed this contract
on the day and year first hereinabove set forth.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT,
Zone 9
By
Chairmarf of the Board of` ervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
2
Dat
ATTES
City ,lerk, Pame a oges
M /nt
4098x 0013x
By :
6 11.Ulty AttOrney, Roger Picquet
Dated:
CITY OF SAN LUIS OBISPO
Bv:
Mayor, Ron Dunin
ATTEST:
Clerk, Board of Supe rso s
7
RESOLUTION NO. 6515 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 1544
(Cf..EARVIEW III, LTD., SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract
No.1544 as contained in Resolution No. 6396 (1988 Series), and,
WHEREAS, all conditions required for Tract No. 1544 have been
met or bonded for and /or are conditions of building permits,
NOW THEREFORE BE IT RESOLVED that final approval is hereby
granted for Tract No. 1544.
On motion of Councilman Settle , seconded by Councilwoman Ranna.
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 11th day
of October , 1988.
ATTEST:
CLERK PAMELA VOGES
r-- --
MAYOR RON DUNIN
R6515
Resolution No. 65151988 Series)
APPROVED:
City A)dministrative Officer
City 4ktorneN
City Elgineer
�f
Community Development Director
N /jktl544
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STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 11th day cf October by and
between Clearview III Ltd. , herein referred to as "Subdivider," and
the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that.certain proposed subdivision of real
property in the City of San Luis Obispo, County of Son Luis Obispo, State
of California, a description of which is shown on final mop of Tract 1544,
City of San Luis Obispo, California, as approved by the City Council, on
the 11th day of October 19 88..
The Subdivider desires that said Tract 1544 be accepted and approved
as a final map pursuant to the Subdivision Regulations of the City of San
Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to
install the improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subaivider does hereby agree
to construct and install the following subdivision improvements in
accordance with said subdivision 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
1. CURBS, GUTTERS AND .SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each
public utility shall be required to file a letter stating that the
developer has properly installed all facilities to be provided by
him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of 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 established
by the Subdivider in accordance with said approved plans and
specifications.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed within
eighteen (18) months of said recording date, unless an extension has been.
granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, 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
F4
0 0
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.
No building permits will be issued nor occupancy granted after the
expiration date of the agreement until completion and acceptance of all public
improvements unless specifically approved by the City.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council and has posted
the necessary fees. See attached fee and bond list (Exhibit A).
1. A monumentation guarantee of $2,000.00 to cover the installation of survey
monuments in accordance with the approved map and payment for same. Said
deposit will be released to the Subdivider upon receipt by the City of a
letter from the Engineer /Surveyor indicating he has completed the work and
has been paid.
2. Water acreage fees (previously paid with Tract 603).
3. Laguna sewer lift station fees of $945.00 ($35.00/lot x 27 lots)..
4. Construction inspection deposit in the amount of $12,300.00 (see page 5).
5. The Subdivider shall be responsible for landscaping the common areas
according to the conditions of the approval and plans and shall be
responsible for maintenance for one year after acceptance of work as
complete.
6. Park -.in -lieu fees are not required due to prior park dedication with Tract
603.
7. The Subdivider shall be responsible for any damage and wear to local and
collector city streets per Municipal Code Sections 16.44.130 -A and
15.44.200, at the rate of one dollar per ton of soil hauled per mile. Such
charges shall be paid prior to final acceptance of tract improvements and
release of performance bonds (Irrevocable Letter of Credit) if said local/
collector streets are used.
8. The Subdivider previously deposited $10,000.00 for restoration of the site
to a safe condition in case the project were not completed. This deposit .
will be refunded to the Subdivider after he has completed grading, drainage
and erosion control improvements satisfactorily, without City's need to use
the funds for the intended purpose.
The restoration of lost section corners and retracement of section
lines within the Subdivision shall be in accordance with Division 4,
Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code
of the State of California, paragraph 8771 et seq.
3
The Subdivider attaches hereto, as an integral part hereof; and as
security for the performance of this agreement, an instrument of credit or
bond approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement. Said
instrument of credit or bond is in the amount of $410.,000.10, which is 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 Sections
66499.7 and 66499.9 of the Government Code of the State of California,
upon final completion and acceptance of the work, City will release all
but 10% 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 improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date
which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or'waive any defects in the some or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed'
time, the Subdivider agrees that City may, at its option, declare the
instrument of credit or bond which has been posted by Subdivider to
guarantee faithful performance, forfeited and utilize the proceeds to
4
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 509 of the above described subdivision improvements
in accordance with State law.
Said Subdivider has deposited with the City the sum of $12,300..00 from
which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and
certify that they have been completed in accordance with the plans and
specifications. Any unexpended monies will be returned to the
Subdivider. In the event the inspection fees exceed the sum of
$12,300.00, the difference is to be paid by the Subdivider. The City
reserves the sole discretion in determining the amounts to be paid for
salary and expenses of said inspector or inspectors.
Title 16 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 Subdivider and the City
hereto that this agreement shall bind the heirs, executors,
administrators, successors and assigns of the respective Parties to this
agreement.
0 •
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:
CITY OF SAN LUIS OBISPO SUBDIVI
Clearview III Limited i
A California Limited Partnership
Rat • The Carey Droll , Lno_
A California Corporation as General Ptnr
ATTE By: Thomas G. Carey, President
CIT CLERK Pam o -s
Approved as to form:
1 r
City Attorney
i
City Engineer
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MID-STATE BANK
(JOL.ETA VALLEY 805- 967 -0451 5956 Calle Real, P.O. Box 1047, Goleta, CA 93116
IRREVOCABLE COMMITMENT OF FUNDS
FOR FAITHFUL _PERFORMANCE
FOR TRACT 1544, CITY OF SAN LUIS OBISPO
The undersigned, Mid -state Bank, being a financial institution which is
subject to regulation by'the State of California or by the federal
government, hereov pledges that monies to the extent of $410,000 (Four
Hundred and Ten Thousand Dollars) are hereby assigned and transferred
to the City of San Luis Obispo for the account of Clearview III
Limited, as required by the Subdivision Map Act of the State of
California for the purpose of securing the faithful performance of all
the terms and conditions of that certain agreement dated
10/11/88 for Tract 1544 executed by and between Clearview III
Limited and the �City of San Luis Obispo, a municipal corporation, and,
in addition., costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City of San Luis Obispo in
enforcing the terms and conditions of said agreement.
The undersigned agrees that said funds are trust funds on deposit and
guaranteed for payment and that upon receipt of written demand, --ioned
by City Clerk of the City of San Luis Obispo, the undersigned shall
immediately gay said funds or such amount thereof as shall be set forth
in said demand, to the Director of.Finance of the City of San Luis
1'bisoo to be used for the purpose set forth above.
The undersigned further agrees that it shall hold said funds for
Clearview III Limited for the uses and ourooses herein set forth, until
such time as it receives written notice signed by the City Clerk of the
City of San Luis Obispo authorizing the release of said funds.
It is specifically recognized-and understood and agreed to by the
undersigned that the full amount of monies, as set forth above, are to
be maintained in said account at all times during the duration of this
obligation.and that any reduction or release in the fund amount to be
maintained will only be done in accordance with Section 66499.7 of the
Government Code of the State of California.
r�
IRREVOCABLE COMMITMENT OF FUNDS
FOR FAITHFUL PERFORMANCE FOR TRACT 1544
Page Two
BY execution and delivery of this Irrevocable Commitment of Funds to
the City of San Luis Obispo, the undersigned financial institution is
relieved of any and ali liability to Clearview III Limited, exeeot as
herein specifically set forth.
Dated at Goleta, California this -- da v of September, 1988.
i
MID -STATE BANK
Goleta Valley Branch 04
d �
chard D. Lark-i-n- - - - - --
Assistant Vice President'3nd,Manager
The undersigned hereby agrees to all the terms and conditions of the
foregoing Irrevocable Commitment of Funds and releases the financial
_ nstitution executing said Irrevocable Commitment of Funds from all
liability except as therein specifically set forth.
✓7red at Santa BarOara, California, tnis _�_7 day of September,198$.
CLEARVIEW III LIMITED
California Limited Partnersnio
BY: THE CAREY GROUP, INC.
A Cal Corporation as General Partner
B y :.
*�'hbmas G,.,,Carev, Pr -iki,- - --
in the event Tract 1544 is not approved by the City of San Luis Obispo,
this Irrevocable Commitment of funds becomes null and void.
0
mi
MID-STATE BANK
GOLETA VALLEY 805- 967-0451 5956 Calle Real. P.O. Box 1047, Goleta, CA 93116
IRREVOCABLE COMMITMENT OF FUNDS
FOR PAYMENT OF LABOR AND MATERIALS
FOR TRACT 1544, CITY OF SAN LUIS OBISPO
'"he undersigned, Mid —Stare Bank, being a financial institution which is
subject to regulation bi, the State of California or by the federal
government, hereby pledges that monies to the extent of $205,000 (Two
Hundred and Five Thousand Dollars) are hereby assigned and transferred
to the Citv of San Luis Obispo for the account of Clearview III
Limited, as required by the Subdivision Map ,act of the State of
California for the purpose of securing the obligations set forth in
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the
Civil Code of the State of'California for payment of the contractor,
subcontractors, and persons renting equipment or furnishing labor or
materials to them for the improvements to be constructed pursuant to
that certain agreement dated _10/11_/88 for Tract 1544 executed
by and between Clearview ZII Limited and the City of San Luis Obispo, a
municipal corporation, and, in addition, costs and reasonable expenses
and fees, including reasonable attorney's fees, incurred in enforcing
such obligations.
The undersigned agrees that said funds are trust funds on deco_it anc..
guaranteed for payment and that it shall hold said funds for the
account of Clearview III Limited for the uses and purposes herein set
forth, until such time as it receives written notice signed by the City
'Cleric of the Citv of San Luis Obispo, authorizing the release of said
cunds-
Zt is specifically recognized and understood and agreed to by.the
undersigned that the full amount of monies, as set forth above, are to
be maintained in said account at all times durino tnc- duration of this
obligation and tnat any reduction or release in the fund .ymounr to be
:maintained will only be done in accordance: with Section 66499.7 of the
Government Code of the State of California.
I�
5
IRREVOCABLE COMMITMENT OF FUNDS
FOR PAYMENT OF LABOR AND MATERIALS FOR TRACT 1544
Page Two
By execution and delivery of this Irrevocable Commitment of Funds to
the City of San Luis Obispo, the undersigned financial institution is
relieved of any and'all liability to Clearview III Limited, except as
herein specifically set forth.
Dated at Goleta, California►,this 7 day of September, 1988.
MID -STATE BANK
Goleta Valley Branch 04
Bqh- ard D. a --------- - - - - --
istant Vice Plcesident and Manager
The undersigned hereby agrees to all the terms and conditions of the
foregoing Irrevocable Commitment of Funds and releases the financial
institution executing said Irrevocable Commitment of Funds from all
liability except as therein specifically set forth.
Dated at Santa Barbara, California, this ?-7- day of September,1988.
CLEARVIEW III LIMITED
A California Limited Partnership
BY: THE CAREY GROUP, INC.
A,)Z�alkfio,rn_j_a Corporation as General Partner
By
S
In the event Tract 1544 is not approved by the City of San Luis Obispo,
this Irrevocable Commitment of Funds becomes null and void.
a
RESOLUTION NO. 6514 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING
APPLICATION FOR AN HISTORY
GRANT TO ACQUIRE AND RENOVATE THE
FREMONT THEATER AND APPROPRIATING $5,000 TO
COMPLETE THE APPLICATION
WHEREAS, public hearings have determined need and community support
for a small performing arts auditorium; and
WHEREAS, the Fremont Theater has been identified as an historic
structure with the potential to meet the community's need for a small
auditorium; and
WHEREAS, the project is eligible to apply for an History Grant under
the California Wildlife, Coastal and Park Land Conservation Act of 1988.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1
The Council hereby authorizes application for an History Grant to acquire
and renovate the Fremont Theater and appropriates $5,000 to complete the
application.
On motion of Councilman Settle seconded by Councilwoman Rappa,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day of October,
1988.
MAYOR RON DUNIN
ATTES
CITY %LERK PAMELA VOGES
Annrnverl-
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RESOLUTION NO.5513 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROPRIATING
FUNDS AND APPROVING A PROJECT
WHEREAS, the FY 1988 -89 Parking Fund Capital Reinvestment
Program Budget includes $60,000 for resurfacing the parking lots; and
WHEREAS, City Council directed staff to increase parking spaces
where possible; and
WHEREAS An additional eleven spaces will be obtained with the
revised striping plan and relocated parking meters; and
WHEREAS, R. Burke Corp. submitted the low bid of $73,552.50;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Appropriate $20,000 to the Parking Fund Capital
Reinvestment Program
SECTION 2. Award a contract in the amount of $73,552.50 to
R. Burke Corp. for the "Parking Lot Surface Maintenance Project" City
Plan No. M -61D.
SECTION 3. Authorize the Mayor to sign contract documents.
SECTION 4. The City Clerk shall furnish a copy of this
resolution to the Directors of the Public Works and Finance
Departments.
On motion of Councilman Settle seconded
by Councilwoman Rappz and of the following roll call vote:
AYES: Council members Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
R6513
C i
Resolution No.5513 (1988 Series)
Page Two
The foregoing Resolution was passed and adopted this
of October , 1988.
ATTEST:
CITY CL 4K PAM VOGEED
APPROVED:
ity Afi-R'nistrat�ive Officer
Fi nnce�Directo/rr
Project Manager
bawd -pl
4th day
MAYOR RON DUNIN
/4-4-7 Z��
City At orney
Public Works Director
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RESOLUTION NO. 6512 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A GIFT OF REAL PROPERTIES LOCATED AT 464 AND
466 DANA STREET, SAN LUIS OBISPO, CALIFORNIA AND
APPROPRIATING NECESSARY FUNDS TO ACCOMPLISH MAINTENANCE
RESPONSIBILITIES FOR THE DURATION OF THE LIFE ESTATE
AS OUTLINED IN GRANT DEED
WHEREAS, Miss Mary Gail Black is desirous of granting to the City of
San Luis Obispo Real Property located at 464 and 466 Dana Street for park
or recreation purposes; and
WHEREAS, Miss Mary Gail Black reserves a Life Estate during the
remainder of her natural life in and to said property and premises; and
WHEREAS, Miss Mary Gail Black requests that the City of San Luis
Obispo assume certain maintenance responsibility for the grounds and
premises as a condition of this grant; and
WHEREAS, the City of San Luis Obispo is desirous of accepting this
grant of Real property and premises for park or recreation purposes; and
WHEREAS, the City of San Luis Obispo accepts certain maintenance
responsibilities as outlined in the Grant Deed,. a copy of which is hereto
attached for reference and marked as Exhibit "A"
NOW, THEREFORE BE IT RESOLVED as follows:
1. The City of San Luis Obispo accepts this most generous grant of
Real properties and premises located at 464 and 466 Dana Street from Miss
Mary Gail Black; and
2. The City of San Luis Obispo agrees to the conditions of the Grant
Deed and appropriates funds in the amount of $7,800 to accomplishing the
required maintenance for Fiscal Year 1988 -89.
R6512
Resolution No. 651* (1988 Series) page 2
3. The City Clerk's Office shall furnish a copy of this Resolution
to: Miss Mary Gail Black, the Director of Recreation and the Director of
Public Works.
On motion of Councilman Settle , seconded by Councilwoman
Rappa and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this _ -.4th -. - - -- day of
October , 1988
It Mayor, R Dun"'
ATTEST
City C1 k, Pamela Voge
APPROVED:
City A inistrative Officer
;Z�-7 -� -
City At o ey -
D rector of Finance
C �
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
and subject to the covenants, conditions, restrictions and reservations
set forth, MARY GAIL BLACK, a single woman, Grantor, does hereby grant to
the CITY OF SAN LUIS OBISPO. A MUNICIPAL CORPORATION, the hereinafter
described real property in the City-of San Luis Obispo, County of San Luis
Obispo. Stage of California. commonly referred to as 464 and 466 Dana
Street, properly called the Cornet Adobe (rather than the "Simmler Adobe"
or the "Waterman Adobe" as it is sometimes referred to) with the request
that the adobe and t'wo adjoining wings that make up the old house, and the
trees on that property be maintained by the City for park or recreational
purposes, and that Mildred Wat:erman's name be included in any name that
the City gives to this park area. Said property is described in attarhed
deed, marked Exhibit "A ".
Reserving unto MARY GAIL BLACK a Life: Estate during the remainder of
her natural life in and.to said real property and premises and all
improvements thereon, including but. riot limited. to, the sole use, control,
benefit. and income of all of same during her natural life.
By the acceptance of this Deed, said City of San Luis Obispo,
hereinafter referred to as "City," agrees:
1. To provide water and sewer service for said property. whir.h
shall include maintaining continuous water- and sewer service for Grantor,
'fk:%
Grantor's tenants at 466 liana Street. and the yard to said property during
Grantor's lifetime. and the payment of any and all bills for said service
to Grantor and Grantor's tenants at. 466 D ;ura Street during Grantor's
lifetime.
[A-- 4:granl. +
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•
2. . To provide payment for insurance coverage on said property and
Grantor's adjoining property commonly known as 460 anti 462 Dana Street so•
long, as that property is also owned by Grantor during her lifetime. That
coverage shall include Grantor's homeowner's, fire, liabilit.v and flood
insurance-to the same extent that she presently has for said property.
City to-reimburse Grantor for insurance premiums upon payment thereof by
Grantor.
3. To maintain the structures, utility services and yard area on
the described property. Said maintenance shall include roof repair as
needed. yard maintenance including thinning and trimming of trees and
shrubbery substantially as the yard is now, mowing, edging and removing
leaves and all other maintenance to the yard as needed (City shall be
responsible for watering of trees two times a month during Life Estate)
and keeping the water and sewer services operable. Nothing provided for
herein should be.construed as preventing Grantor from calling an
electrician, plumber or other service repairman in an emergency, in which
event the City will be responsible for said emergency service bill.
Except as provided herein, City will be responsible for any necessary
repairs to said structure.
4. To be responsible for all real property taxes and assessments
imposed upon said property from the date of this Deed.
5. To'allow ingress and egress over the driveway alnng the
t'y^
southwesterly 12' of conveyed property to provide access from Dana Street
for the residents at. 460 Dana and 462 Dana Street: to said properties.
7
Grantor's adjoining property generally described as San r.uis Ohispo County
Assessor's. Parcel No. 02--401--11. however, parking of vehicles by said
2 -
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0
0
residents within the easement shall be prohibited, except as allowed by
Grantor during Grantor's lifetime.
6. To disallow the public use of said property during the
lifetime of Grantor.
7. In the eve.nt.of failure to comply with any of the covenants
and conditions herein contained; said City, and any successor thereof,
shall forfeit all title to said real property and, in the event of any
such forfeiture. title to -said real property shall revert to Grantor.
Dated this day of 1988.
MARY GAIL BLACK
U
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RESOLUTION NO. 6511 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION
(ARC 87 -219)
WHEREAS, the Architectural Review Commission on April 4, 1988, considered the
application by Douglas Michie to add three apartments to a site with a house at 1275
Murray Street, and denied the request upon determining that the project did not meet
architectural review guidelines concerning neighborhood compatibility and usable open
space; and
WHEREAS, the applicant appealed that decision to the City Council, the Council
considered the appeal May 3, 1988, and continued action at the applicant's request; and
WHEREAS, the Architectural Review Commission considered revised plans on June 20 and
September 6, 1988, and at the latter meeting denied the request upon determining that the
project did not meet architectural review guidelines concerning accuracy and completeness
of plans, neighborhood compatibility, and usable open space; and
WHEREAS, the applicant again has appealed to the council; and
WHEREAS, the Council has considered the testimony and statements of the applicant,
the project plans, records of the Architectural Review Commission's actions, and the
evaluation and recommendation of staff;
NOW, THEREFORE, the council resolves to deny the appeal and the application, based
on the findings of the Architectural Review Commission.
On motion of ,Councilwoman Rappa , seconded by „Councilwoman „Pi.n_ aril
and on the following roll call vote:
AYES: Councilmembers Rappa, Pinard, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this ,4th day of ,October ., 1988.
..........
4
Mayor Ron Dunin
R6511
Resolution No. 6511 (1988 Series)
Page 2
APPROVED:
........ ............................
City Ad inistrative Officer
.......... ...........................
City A rney
.................................
Community Development Director
F/ le r
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RESOIIMON No. 6510 (1988 SERIES)
r•1
WOW 'i 91• IU 9i• Y I
• r• • a- �VN • 1 r. 1 r• ••• �•
WHEREAS, pursuant to public hearings duly held, the Council
hereby determines that there are no objections or protests to the
costs of construction submitted by the Superintendent of Streets
and hereby confirm said costs as submitted and as set forth
hereafter; and,
WHEREAS, the hereinafter listed construction costs shall be
paid within thirty -one (31) days after the date hereof and any such
costs remaining unpaid thereafter shall be turned over to the City
Tax Collector to be placed as alien against the property and
collected with the city taxes, and subject to the same penalties
and costs if not paid on the first installment. The property
owners, addresses and construction.costs are shown on Exhibit "A ",
and,
On motion of Councilwoman Pinard, seconded by Councilwoman Rappa,
and on the following roll call vote:
AYES: Councilmembers Pinard, Rappa, Reiss, Settle and Mayor Dunin
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 4th day of
October , 1988.
or, cln
ft 10
Resolution No. 6510 (1988 Series)
Page r2
APPROVED:
ty k(Aministrative Officer City Alt'orney
F ilg&fic irecto Public Works Director
Project Manager
b /heller /resolution
so
OWNER
1. Bank of America
2. County of San Luis
Obispo
1911 /dfr #13
EXHIBIT A
LOCATION
1252 Monterey Street
1051 Mill Street
AMOUNT
$929.75
$724.38
RESOLUTION N0: 6509 (1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1210
AT 251 MARGARITA.AVENUE (BDC DEVELOPMENT CORP., SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract No.
1210 and as contained in Resolution No. 5461 (1984 Series), and
WHEREAS, all conditions required per said Resolution No. 5461
(1984 Series) have been met, and
WHEREAS, all public improvements have been constructed to City
standards and specifications,
NOW THEREFORE BE IT RESOLVED that the public improvements are hereby
accepted and the surety is released in accordance with the subdivision
agreement.
On motion of Councilman Settle , seconded by Councilwoman_Ranpa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 4th day of
tober , 1988.
ATTEST:
P", Lk
CfTj CLERK Pam Vales IF
MAYOR Ron Dunin
CoSo 4
Resolution No. 6509 (1988 Series)
Page Two
APPROVED:
City Adm'nistrative Officer
i
City Att rney
AXE --
-City En neer
r%�„tiCommunit Development Director
N /jkt1210
j
fi G�
Ayt-�
f
RESOLUTION NO. 6508(1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AMENDED BYLAWS FOR THE
BUSINESS IMPROVEMENT ASSOCIATION
BE IT RESOLVED by the Council of the City of San Luis. Obispo as
follows:
SECTION 1. Those certain bylaws attached hereto marked Exhibit
"B" and incorporated herein by reference for the Business Improvement
Area are hereby approved.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the bylaws approved by it to: Business Improvement Area;
On motion of Councilman Settle , seconded by
Councilwoman Rappa and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4thday of October
1988.
YOR, RON DUNIN
Approved:
City A inistrative Officer
City At rney
�� � �
Fra �.�a -���.
BYLAWS
OF
THE SAN LUIS OBISPO
DOWNTOWN BUSINESS IMPROVEMENT ASSOCIATION
ARTICLE I. STATUTORY AUTHORITY; NAME
Section 1.1 This organization is established pursuant to Section
6101 of the San Luis Obispo Municipal Code, and shall be known as The-
San Luis Obispo Downtown Business Improvement Association or, simply,
the BIA.
ARTICLE II. PURPOSE
Section 2.1 The BIA is created to implement the specific purposes
for which Section 6101 of the San Luis Obispo Municipal Code was
enacted_ A copy of said Section is attached hereto as Exhibit "A" for
reference and incorporated as though fully set.forth.
ARTICLE 111. MEMBERS
Section 3.1 Classification of Members. The Association shall
have one class of members only, and each member shall have equal voting
and other rights; provided, however, that voluntary members may not
serve on the Advisory Board of Directors.
Section 3.2 Eligibility. Membership shall be comprised of all
holders of active city business licenses within the defined BIA
boundaries. Any business, person or institution within the BIA
boundaries but exempt from the payment of the business license tax_ shall
be permitted to voluntarily associate as a member.
Section 3.3 Boundaries. The boundaries of the BIA shall be as
set forth in Section 6101(b) of the San Luis Obispo Municipal Code.
ARTICLE IV. DIRECTORS
Section 4_1 Government;. Number. The government of the BIA shall
be vested in,. and the business conducted by, a board of eleven (11)
Directors who shall be members in good standing and serve without
salary. Collectively the Directors shall be known as the Advisory Board
of Directors or, simply, the Board of Directors.
Section 4...2 Function. The Board of Directors, in carrying out
the purposes of the BIA, shall advise and recommend policy to the San
Luis Obispo City Council pursuant to Section 6101(h) of the San Luis
Obispo Municipal Code.
�cc,t�Ar 1F `fiy= C,3Yl
G i
Section 4.3 Terms of Office. Each Director shall hold office for
a term of two (2) years and, excepting those members who are .serving on
the Board of Directors on the date of the adoption of these amended
Bylaws, shall be permitted to seek re- election for a second two (2) year
term. In no event, however, shall a Director hold office for more than
(2) consecutive terms without a lapse of one (1) year as a member of the
Board.
Section 4.4 Removal of Directors. Any Director may be removed
and replaced by the City Council at any time after considering the
recommendations and advice of the Board of Directors.
Section 4.5 Vacancies. Vacancies on the Board of Directors shall
exist on the death, resignation, or removal of any Director. Any such
vacancy shall be filled by appointment for the unexpired term by the
President with the approval of the City Council.
Section 4.6 Absences. With the unexcused absence of a member of
the Board from three (3) regular meetings in any twelve (12) month
period, and recorded by the Board, the President may nominate a
replacement, with concurrence of the board and appointment by the City
Council.
Section 4.7 Nominations. In December of each year, the President
shall select a Nominations Committee comprised of at least three (3)
regular members of the BIA in good standing, who may or may not be Board
members, securing the concurrence of the Board in their appointment.
Section 4.8 Official Ballot. Promptly upon being appointed, the
Nominations Committee shall proceed to the selection of candidates for
membership on the Board of Directors for the ensuing year, and shall
prepare a list of such candidates in a number equal to at least twice
the number of vacancies to be filled, securing the consent of those
members selected in each instance, and reporting the completed list to
the Board at its regular January meeting. The Board shall then cause a
ballot to be prepared showing the full list of candidates and the names
of their businesses as indicated by their City business licenses. Said
ballot shall contain additional spaces for possible write -in candidates,
and voting instructions on the ballot indicating the number of vacancies
to be filled.
Section 4.9 .Annual Election. Within seven (7) days after the
February meeting of the Board of Directors, the Official Ballot shall be
mailed to each member of the BIA, to be returned on or before 5:00 p.m.
on a date certain, as established by the Nominations Committee.
Section 4.10 Election Results. Returned ballots shall be
canvassed by the Nominations Committee and reported at the regular
meeting of the Board of Directors in March for verification of results.
Section 4.11 Council_ Appointment. The results of the BIA
election, as confirmed by the Board of Directors, shall be presented to
the City Council in March for official appointment and the new Board
members shall take their positions in April next following.
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0
ARTICLE V. MEETINGS
Section 5.1 Regular. The Board of Directors shall meet at least
once each month at a place and time determined by the Board and public
notice shall be posted of such meeting in accordance with standard City
prodedures and applicable State laws.
Section 5.2 Special. Special meetings may be called by the
President or three (3) Board members when deemed necessary in accordance
with standard City procedures and applicable State laws.
Section 5.3 Quorum. A majority of the authorized number of Board
members shall constitute a quorum at any Board.meeting.-
Section 5.4 Transactions of_Board. Any act or decision done or
made by a majority of the Directors present at a meeting duly held shall
be the act of the Board.
ARTICLE VI. OFFICERS
Section 6,l Number and Titles. The Officers of the Association
shall be a President, one (l)-br more Vice Presidents as shall be
determined by the.Board of Directors, a Treasurer, and a Secretary.
Each of said Officers shall be a member of the Board of Directors:
Section 6.2 Election. Immediately following, the March meeting of
the Board of Directors, the new Board, consisting of holdover members
and the newly_ elected members, shall, after confirmation, meet and elect
the above named officers for the ensuing year.
Section 6.3 Term. Officers duly elected shall take office at the
first regular meeting of the Board of Directors in April, and shall
serve until the first regular meeting in April of the next year.
Section 6.4 Duties of the.President. The President shall be.the
chairperson of Lhe Board of Directors and shall be executive.head of the
BTA, shall preside at the Board meetings, and shall either represent.or
appoint a representative to all functions where the.BIA is to be
represented. The President shall, subject to the .approval of the Board,
appoint all committee chairpersons and he /she shall be an ex- officio
member of all committees.
Section 6.5 Duties of the Vice President(s). In the absence or
disability of the President, the Vice President designated by the
President shall carryout all of the responsibilities and functions of
the President and shall have the same powers and be subject to the same.
restrictions as the President. The Vice President(s) shall have such
other powers and perform such other duties as from time to time may be
Prescribed by the President or the Board of Directors.
-3-
C •
Section 6:6 Duties,of.the Treasurer. The Treasurer shall be the
Chief Financial Officer of the BIA.
Section 6.7 Duties of the Secretary. In the absence or
disability of the Administrator, as provided in Section 8.1 of Article
VIII of these Bylaws, the Secretary shall record accurate and timely
minutes of the Board meetings.
ARTICLE VII. EXECUTIVE COMMITTEE
Section 7.1 Members. The Executive Committee shall be comprised
of President, the Vice President's), the Treasurer, the Secretary, and
the immediate Past President so long as the latter continues to serve on
the Board of Directors. If the immediate Past President's term on the
Board has ended, then such vacancy on the Executive Committee may be
left vacant or filled by appointment of the President with the approval
of the Board.
Section 7.2 Duties. In the interim between meetings-of the
Board, the Executive Committee shall conduct the non - policy business
affairs of the BIA.
ARTICLE VIII. ADMINISTRATION
Section 8.1 Administrator. The Board of Directors may choose to
employ an Administrator or Executive Secretary to assist with the
routine business affairs of the BIA. The Administrator shall serve at
the pleasure of the Board of Directors, subject to a contract agreement
between the Administrator, the BIA and the City Council. The
Administrator shall be selected through an application and screening
process approved by the Board.
Section 8.2 Duties of Administrator. The Administrator shall
cause to be kept the records of the Association, including minutes of
all meetings of the Board and shall give notices_ of meetings. The
Administrator shall assist the President in the preparation of all
agendas, reports, resolutions, letters or other documents and perform
such other duties as are assigned by the President or Board of
Directors. The Administrator, at the direction of the Board, shall act
as liaison between the BIA and City staff and attend appropriate
meetings such as those of the City Council, Planning Commission and
Traffic Committee: The Administrator shall also prepare and distribute
a regular newsletter to all BIA members and other interested persons, to
provide information about BIA activities, to provide a forum for and to
educate BIA members on matters of concern to them and the Association
and to serve as the official communication from the Board of Directors.
ARTICLE IX. FINANCES
Section 9.1 Funding. Funding for the BIA shall be derived from
an additional tax by each business annually of 100% of the business
license taxes levied upon business by the City of San Luis Obispo; or.
revenues provided by voluntary contributions from within the BIA
boundaries.
-L-
Section 9.2 Budget. The BIA shall operate on a fiscal year basis
ending on June 30th of each year. The budget for the fiscal year shall
be approved by Board of Directors and presented to the City Council for
its approval. All disbursements shall be executed through the City of
San Luis Obispo.
ARTICLE X. COMMITTEES
Section 10.1 Standing Committees. In addition to the Executive
Committee of the Board of Directors, the BIA shall have the following
standing committees:
(a) Parking
(b) Beautification
(c) Promotions
(d) Budget
(e) Nominations
(f) Thursday Night Shopping
Section 10.2 Appointments. Immediately upon taking office the
President shall appoint or cause to be appointed, committee
chairpersons, subject to approval by the Board of Directors; providing.,
however, that chairpersons for the Budget Committee and Nominations
Committee need not be appointed before the March meeting and the
December Board meeting, respectively.
Section 10.3 Ad Hoc Committees. The President shall appoint
special committees as may from time to time be needed, or as may
otherwise be provided elsewhere in the Bylaws, or with the approval of
the Board of Directors.
Section 1.0.4 Limitations of Authority. No person or committee
shall have the power to commit the BIA to any financial or policy
obligations without prior approval from the Board.
Section 10.5 Chairpersons. Committee chairpersons shall select
the members of their committee upon the advise and consent of the
President. It shall be.the responsibility of the appointed committee
chairperson to prepare agendas and keep minutes of all duly called
meetings, and to keep himself /herself apprised of the current, approved,
operating budget and to operate within these areas on the matter of
finances. Upon conclusion of the annual fiscal year or upon termination
of the committee, whichever is sooner, a final report for that previous
period of operation must be submitted to the President of the BIA.
ARTICLE XI. AMENDMENTS
Section 11.1 Amendments. These Bylaws may be amended by a two -
thirds (2/3) vote of the Board members and with the consent of the City
Council. Any proposed amendment must be submitted at least seven (7)
days prior to a scheduled Board meeting. Such proposed amendment(s)
must then be mailed to every Board member by the Secretary in time for
consideration at the next regular Board meeting.
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o �
Section 11.2 Implementation. These Bylaws shall become effective
upon approval of the City Council.
Section 11.3 Order. All meetings and business affairs shall be
conducted by Robert's Rules of Order, except as may otherwise be
inconsistent with these Bylaws, in which case the Bylaws shall govern.
DOWNTOWN BUSINESS IMPROVEMENT
President
ASSOCIATI0
Secretary
M
G t
SECTION 6101. DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA
(a) There is hereby created and established the Downtown Parking
and Business Improvement Area.
(b) The boundaries of said Area are generally shown on Exhibit
"A" map attached hereto, and are more specifically described as follows:
From Santa Rosa Street along Palm Street to Broad
Street, Broad to Monterey, Monterey to Nipomo, Nipomo
to San Luis Creek, San Luis Creek to a point where
Beach Street would intersect, from this intersection
point to Beach and Marsh, Marsh to Nipomo, Nipomo to
Pacific, Pacific to Santa Rosa, Santa Rosa to Palm.
The area shall include the businesses fronting on both
sides of the boundary streets listed above, and at all
four corners of the intersections of said boundary
streets listed above, except that it shall not include
the northwesterly corner of Monterey and Nipomo
Streets.
(c) Each and every business in the Downtown Parking and Business
Improvement Area shall be subject to, and shall pay, a new, separate and
additional tax to support the activities of the Area, except as
otherwise provided in subsection (j).
(d) The amount of additional tax to be paid by each business
annually shall be one - hundred percent (100%) of the business license
taxes levied upon said business by the City of San Luis Obispo.
(e) The only uses for which the tax revenue from said Area shall
be expended are:
(3) The acquisition, construction or maintenance of parking
facilities for the benefit of the Area, provided that said facilities
shall not impair the City's ability to produce revenues for the payment
of Parking District No. 1 obligations.
(2) Decoration of any public place in the Area.
(3) Promotion of public events which are to take place on
or in public places in the Area.
(4) Furnishing of approved music in any public place in the
Area.
(5) The general promotion of retail trade activities in the
Area.
(f) The collection of the additional tax imposed herein shall be
made at the same time in the same manner as any other City business
license tax; provided, however, that the tax imposed herein for the
Q •
remaining portion of the 1975 -76 fiscal year shall be due and payable in
full within fifteen (15) days after the City mails notice of the amount
of tax to be paid for said fiscal year.
(g) This Council finds and determines that parking and other
deficiencies are so general in the downtown section of the City, and
that the size of the new Area is so small, that each business in the
Area will benefit from expenditures for parking facilities substantially
in proportion to the amount of additional taxes levied upon all
businesses. (Streets & Highways Code #36062.)
(h) An Advisory Board of eleven (11) representatives from among
those who have businesses in the Area and who are subject to the tax
shall be appointed by the City Council in accordance with standard City
procedures to advise and recommend to the Council the methods and ways
in which the revenues derived from the additional tax shall be expended.
Each Board member shall serve for a period of. two (2) years, provided
that five (5) of the first members appointed shall be appointed to
initial one -year terms, and provided further that any member may be
removed and replaced by the Council at any time after hearing the
recommendations and advice of the Advisory Board.
A nominating committee of five (5) members will be appointed by
the existing Downtown Association from the licensed businesses within
the Improvement Area. This committee will prepare a list of twenty -two
(22) nominees and hold a ballot within the Area, and therefrom submit
the fifteen (15) nominees receiving the highest vote totals from which
eleven (11) will be appointed to the Board by the Citv Council. The
Board's first order of business shall be to establish by -laws for its
operation, subject to approval of said by -laws by the City Council.
(i) The Council shall have full authority to enter into annual
aggreements with non - profit business promotional groups or organizations
serving the Area which authorize said groups or organizations to expend
Area revenues in accordance with City budgetary and.accounting
procedures.
(j) Any business, person, or institution in the Area which is
exempt from the payment of the business license tax of the City by
reason of the provisions of the United States or California State
Constitutions is not to be taxed, but may be a voluntary contribution to
the City to be expended only for authorized expenditures of the Area.
(k) The additional tax imposed by this section shall become
effective on December 1, 1975. (Ordinance No. 649 - 1975 Series.)
EXHIBIT "A"
Revised 1/77
Revised 7/78
follows:
0 •
RESOLDTION NO. 6507 (1988 SERIFS)
A RESOLD'CN OF THE COWCIL OF rHE CITY OF SAN LUIS
OBISPO ADOPTING AND RATIFYING THE MUCRM= OF
AGREEMEN'II BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
SAN LUIS OBLSPO FIRE BATP Iam aum , ASSOCIATION FOR
THE PERIOD OF JULY 11 1988 - JUNE 30, 1993.
BE IT RESOLVED by the Council of the City of. San Luis Obispo as
Section 1. The Memorandum of Agreement between the City of San Luis
Obispo and the San Luis Obispo Fire Battalion Chiefs' Association, attached
hereto as Exhibit "A" and incorporated herein by this reference, is hereby
adopted and ratified.
Section 2. The Finance Director shall increase the Personnel Services
appropriation accounts to reflect the negotiated ccnpensation charges.
Section 3. The City Clerk shall furnish a copy of this resolution and
copy of - - ma _• Memorandum of Agreement • O • e• by • Pbbert
Neumann, President SIDFBCA; Ann Crossey, Personnel Director; William Statler,
Finance Director.
On motion of Councilman Settle , Seconded by Councilwoman Rappa ,
and on the following roll call vote:
AYES: Counclmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 4th day of October 1988.
Rhc;n7
4
Resolution No. 6507
ATTEST:
9��— �,( t /4---) -
City erk Pam Voge
ty ._ tive officer
0
(1988 Series)
Mdyor Ron Dunin
Personnel Director
iLl
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lW4,— ):V5�:i�y • :e77a��Wa�i
Y Y 1
SAN WIS OBISPO
JULY 11 1988 - JUNE 301 1993
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c �
TABLE OF CONTENTS
Article No.
Title Page No.
1
PARTIES TO AGREEMENT .... ...............................
1
2.
RECOGNITION ............. ...............................
2
3
EMPLOYEE RIGHTS ......... ...............................
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MANAGEMENT RIGHTS ....... ...............................
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ROLE ..... ...............................
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RIIIDC,C7TIATIONS .......... ...............................
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SALARY .................. ........................4......
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SALARY SURVEY AGENCIES .. ...............................
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PAYDAY .................................................
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GENERAL PROVISIONS ...... ...............................
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HEALTH CARE INSURANCE ... ...............................
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RETIl2EE'S MEDICAL INSURANCE ............................
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RETIR124ENT ............... ...............................
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U141FORr'I ALIOTWCE ....... ...............................
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MANAGEMENT DEVELOPMENT PROGRAM .........................
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HOLIDAYS ................ ...............................
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VACATION LEAVE .......... ...............................
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AlIKENISTRATIVE LEAVE .... ...............................
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SICK LEAVE .............. ...............................
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BEREAVEMENT LEAVE ....... ...............................
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HOURS ................... ...............................
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HEALTH /FITNESS .......... ...............................
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CpANCE PRpCE1xJRE ..... ...............................
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C,
Article No.
Title
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FULL AGREEMENT
......... ...............................
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SAVINGS CLAUSE
......... ...............................
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OPENERS ................ ...............................
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AUTHORIZED AGEN'T'S ...... ...............................
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TERM OF AGREEMENT ...... ...............................
APPENDIX "A"
- CLASSIFICATION .........................
APPENDIX "B"
- WORK SC EDUTE ILUJST ATION .............
APPENDIX "C"
- MAPIDYEE RESPONSIBILITIES AND AF.NEF=
APPENDIX "D"
- SAIARY RANGE LISTING ...................
Page No.
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ARTICLE 1
PARTIES TO AGREII�T
This Agreement is made and entered into this 4th day of October, 1988, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and
the San Luis Obispo Fire Battalion Chiefs' Association, hereinafter referred
to as Association. .
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ARTICLE 2
2
RECOGNITION
3
Pursuant to Govertment Code Section 3500 et seq and City Resolution No.
3405,
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the City hereby recognizes the San Luis Obispo Fire Battalion Chiefs,
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Association as the exclusive bargaining representative for purposes of
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representing regular and probationary employees occupying the position
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classifications of Fire Battalion Chief, Fire Battalion Chief/Training
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Offices and Fire Marsha /Battalion Chief for the duration of this Agreement.
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ARTICLE 3
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in
the activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer - employee relations
including, but not limited to, wages, hours and other terms and conditions of
employment. Employees of the City also shall have the right to refuse to
join or participate in the activities of employee organizations and shall
have the right to represent themselves indivi&ally in their employment
relations with the City. No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against because of the exercise of these
rights-
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ARTICLE 4
NJANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right
to determine the mission of its constituent departments, commissions and
boards; set standards of service; determine the procedures and standards of
selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work
or for other legitimate reasons; maintain the efficiency of government
operat ions; determine the methods, means and personnel by which goverrment
operations are to be conducted; dete=ct ne the content of the job
classifications; take all necessary actions to carry out its mission in
emergencies; and exercise omiplete control and discretion over its
organization and the technology for performing its work.
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ARTICLE 5
ROLE
members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization and one
employee observer to meet and confer with the Municipal Employee Relations
Officer and other management officials (after written certification of such
selection is provided by an authorized official of the organization) on
subjects within the scope of representation during regular duty or work hours
without loss of compensation or other benefits. The employee organization
shall, whenever practicable, submit the name(s) of each employee
representative to the Municipal Employee Relations Officer at least two
working days in advance of such meetings. provided further:
(1) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department
head or other authorized City management official. If employee
representatives cannot be released, date of meeting will be
rescheduled in acconlance with item (2) below.
(2) That any such meeting is subject to scheduling by city management.
consistent with operating needs and work schedules. Nothing
Provided herein, however, shall limit or restrict City management
from scheduling such meetings before or after regular duty or work
hours.
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If at the expiration of the term of this Agreement, either party wishes to
make changes to this Agreement,. that party shall serve upon the other, its
written request to negotiate, as well as its initial proposals for an amended
Agreement. Such notice and proposals must be submitted to the other party
between 15 April and 1 May. If notice is properly and timely given,
negotiations shall commence no later that 15 May.
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ARTICLE 7
SALARY
MTIES_GOVERNING STEP INCREASES
The following rules shall govern step increases for employees:
1. Each salary range consists of five steps (1 through 5). Steps 1 through
4 equal 95% of the next highest step, ccmiputed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across -the board % salary increase shall raise step 5 of the
respective range by the %. After all step 5's of salary ranges have been
established, each step 5 shall be rounded off to the nearest $1.00 and
the r8ma n M steps established in accordance with the above formula.
2. The time in step progression for employees with satisfactory performance
will be as follows:
6 months at Step 1
6 months at Step 2
1 year at Step 3
1 year at Step 4
3. Employees who are eligible for advancement to step 4 or 5 after July 1,
1988, must receive a "Meets Performance Standards" or better on the
overall rating on their most recent Performance Appraisal prior to or
coincident with their being eligible for advancement by time in grade.
4. The department head shall be authorized to reevaluate employees who reach
Step 5 in their pay range. An employee who is not performing up to
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standard for the fifth step shall be notified in writing that the
department head intends to reduce MID one step unless his job perfor+++ance
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 recanwndation of the department head. If
the department head deems it necessary to again remove the fifth step
during the same fiscal year, he may make the change at any time with
three business days' advanced written notice.
5. All incumbents in positions shall retain their current step status and
salary review date for future changes.
All salary increases shall occur on the first day of the. first pay period
commencing in the specified month.
SALARY SCHEDULE: 1
Effective July 1, 1988 the following exempt salary schedule (step 5) is
established: (See Appendix D for full monthly and bi- weekly pay schedules.)
BATPA M CHIEF BATMION CHIEF RATTAT,TON CHIEF
DATE SUPPRESSION TRA=G OFFICER FIRE MARSHAL
7/1/88
$3,652
$3,652
$4,017
1/1/89
$3,761
$3,761
$4,138
7/1/89
$4,074
$4,074
$4,481
1/1/90
$4,155
$4,155
$4,571
7/1/90
$4,321
$4,321
$4,753
1/1/91
$4,451
$4,451
$4,896
7/1/91
$4,629
$4,629
$5,092.
1/1/92
$4,768
$4,768
$5,245
7/1/92
$4,959
$4,959
$5,455
1/1/93
$5,107
$51107
$5,618
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ARTICIE 8
SALARY SURVEY AGENCIES
For purposes of external comparisons the agencies to be used for review of
= g3ensation shall be those agencies used for review in Management
Ccmpensation. These currently include:
Chico
Davis
Monterey City
Napa
Pleasanton
Salinas,
San Clemente
Santa Cruz
Santa Maria
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ARTICLE 9
PAYDAY
Paychecks will be disbursed on a biweekly schedule. Payday will be every
Other MuIrSday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
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PAYC3i= 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.
MANAGUMM BEN=:.
Employees filling these positions shall receive $25,000 term life insurance
and long -term disability insurance, paid by the -city, for recognition of
their management responsibilities.
ovEe�n�
All positions shall be considered exempt and not eligible for overtime
payment or any min=l m, return to work minis m s or compensation time off
except as noted under administrative leave or due to extraordinary
circumstances specifically ordered by the Fire Chief.
WOMUM CONDITIONS:
An officer's place of residence shall be within a forty (40) minute driving
radius from San Luis Obispo proper.
EDUCATION INCENTIVE PAY - LONGEVITY PAY:
All positions shall be considered Mid- Mangagement and not eligible for
educational incentive pay, longevity pay, or other special pays.
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ARTICLE 11
CARE nZUR ACE
Effective December 1988, City agrees to contribute $300.00 per month for
medical, dental, vision and life insurance for each regular, full -time
employee covered by this Agreement.
City shall pay to each full -time regular employee prior to December 22, an
annual lump sum payment (subject to appropriate taxation) for the difference
between $300.00 per month or the prorated share for less than full -time
employees, and any lesser sum expended by the employee for medical, dental,
vision and life Coverage for the period of January 1 tl� December 31.
This shall be amended to conform with the P.E.R.S. Cafeteria Plan as needed
if and when such plan becomes available. _
The Association shall actively participate in the Medical Plan Review
Committee. Such committee shall review medical plans and may recommend plan
benefit Changes. The Association shall accept any changes recommended by a
majority of the participating Association.
The City's contribution shall be increased to $325.00 December 1990 and to
$350.00 effective December 1992.
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@OV 121
Employees covered by this Agreement who meet all of the conditions set forth
below, are eligible to participate in the group medical coverage provided by
the City. Such coverage shall be at the group rate and shall be paid totally
by the employee. The qualifying conditions are:
(a) The employees must retire from City service, apply for and actually
receive retirement benefits through the City's retirement system.
(b) The employee must be at least 50 years of age.
(c) The employee must have at least ten (10) years of service with the
City.
(d) The employee may have depentle+t coverage only for those dependents
covered for the last year of employment with the City.
(e) All employee and dependent coverage will cease upon the death of the
employee or upon the employee reaching age 65.
This benefit only applies to employees who retire during the term of this
Agreement. This benefit shall continue beyond June 30, 1993, if, and only
if, there is mutual agreement of the parties to continue such benefit.
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ARTICLE 13 ,
Effective 1 JUy 1986, City agrees to provided PERS 2% at 50 for sworn
personnel with four amendments, namely, Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor's Benefit, and one -year final compensation. All employees hired as
sworn officers on or after 1 July 1986 shall have their final compensation
for retirement purposes figured on their highest three (3) years.
The City shall pay the employee's contribution to PERS. This amount is 9 %.
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ARTICLE 14
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LWIFM ALIOPMCE
A. Each sworn employee shall be required to wear an approved uniform to
promote the department's public image, except for the positions
designated by the Fire Chief as only requiring occasional uniform usage.
Each employee shall receive an annual allowance of $500 paid
semi- wumally to be spent on the purchase and maintenance of department
approved uniforms. Effective 1 July 1989 the allowance shall increase to
$ 600. Said allowance shall be paid directly to each eligible employee on
the first pay day in July and January. The Fire Chief or his designated
representative shall cmxt t a uniform inspection at least once a year to
ensure that each employee has the minimum number of uniforms and that all
uniforms meet department standards regarding ng safety and appearance.
Employees those uniforms do not meet standards may be subject to
disciplinary action. 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
six -month period. If the employee returns to work during that six -month
period, his/her uniform allowance will be prorated.
B. A uniform allowance cash advance will be given to new employees for
purchase of their uniforms. If the employee severs employment with the
City or is terminated within one (1) year, then cash advance shall be
deducted from the employee's last paycheck.
C. Where the agreement refers to uniform standards, it shall mean the
following: The Fire Chief shall establish and maintain a set of
standards for tie ire, care and wearing of employee uniforms.
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Such standards shall be on file in the Fire Chief's office, in each fire
station, and in the Personnel Director's office. i
D. Employees will be responsible to purchase and maintain health/fitness
clothes, including appropriate athletic footware as required by the Fire
Chief.
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AR'T'ICLE 15
rANAGEME r DEVELOP= PROGPM
The City shall encourage the professional development of knowledge, abilities
and skills desirable in managers and leaders and support reasonable expenses
incurred which are normally considered professional obligations of persons in
management positions within budget considerations. Written justification and
receipts shall be reported to the Fire Chief for payment authorization.
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�.`y.,_MOW #A ;
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in February - Washington's Birthday
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One -half day before Christmas
One -half day before New Year's
Two Floating (8 hour) Holidays (non -shift employees only)
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.
B. Each employee on 24 hour shift duty shall earn 5.6 hours of holiday leave
semi- monthly, in lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for 1/2
of their earned holiday leave (2.8 hours) each semi - monthly payroll
period.
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One -half (1/2) of the employee's annual holiday leave (67.2 hours) shall
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be advanced to the employee effective 1 July of each year. Such holiday
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leave may be taken off by the employee as provided in the departmental
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operations manual.
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Each calendar quarter, an employee has the option of receiving payment
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for one -forth (1/4) of his/her advanced holiday leave. The combination
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of holiday leave ;taken off and payment of advanced holiday time, may not
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exceed 67.2 hours.
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If an employee terminates for any reason, having taken off hours in
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excess of his/her prorated share, the value of the overage will be
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deduce from the employee's final paycheck.
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C. Floating (8 hour) holidays for non -shift employees. The accrual dates
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are 1 January and 1 July. If not used in the calendar year in which
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earned, they are lost. It is the responsibility of the employee to make
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the request for a floating holiday reasonably in advance of the requested
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day off.
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ARTICLE 17 14
VACATION LEAVE
1. Each i=mbent of a 40 -hour 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
ccmpletion of five years, 18 days per year upon completion of ten years,
and 20 days per year upon coppletion 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. A regular employee who leaves the City service shall receive payment for
any unused vacation leave.
3. Department Heads shall be responsible for arranging a vacation schedule,
first with the needs of the City as the determining factor and, second,
insofar as possible, with the wishes of the employee.
4. 'There will be.no accrual of vacation leave to non =shift employees in
excess of 200 hours or 25 _accrued days. Maxim= accrual of vacation
leave for shift employees is 300 hours. It is the responsibility of the
employee to manage vacation time below the maic;xmm, accrual limit through
the use of scheduled vacation time only.
5. All scheduled vacation requests must be approved by the Fire Chief.
Immediately following the November 1st to December 30th vacation request
period, the Fire Chief will review and consider final approval of the
scheduled vacation list.
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6. VACATION USE:
A. Coordination of the Battalion Chief's first, second and third choice
vacation selection will be carried out by the Fire Chief. Battalion
Chiefs will make their written scheduled vacation requests during
the November 1st to December 30th period and will coordinate the
availability of one Battalion Chief between themselves. Battalion
Chief scheduled vacation selections will not be based on shift
employees vacations. The Fire Chief will consider and approve the
request.
B. Unscheduled vacations will be made in writing to the Fire Chief and
will require the availability of one Chief officer and relief
personnel which may include voluntary overtime. All unscheduled
vacations must be approved by the Fire Chief. (Mandatory overtime
is not allowed for unscheduled vacation.)
C. If an employee's scheduled vacation is changed by direction of the
department, such change shall-not cause an employee to lose vacation
that may be accrued above the 200 /300 hour maximum. In this case,
the employee shall have the choice of using the vacation at another
time or receiving payment for the changed vacation.
D. If an employee must cancel vacation for good reason, as defined by
management, the vacation above the 300 hour maxiniLm shall be paid as
accrued.
7. Any employee who is on approved vacation leave and becomes eligible for
sick leave as defined in Section 2.36.420A may have such time credited as
sick leave under the following conditions.
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1. A physician's statement certifying that illness, injury or exposure
to contagious disease has occurred is presented to the supervisor
upon returning to work.
2. The vacation leave immediately ately ends and the employee reports to work
following the end of sick leave usage. (ordinance No. 782 - 1978
Series)
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AMCLE 18
ALfl MSTRA= LEAVE
All members of unit are exempt frcm. paid overtime except as specifically
authorized by the Fire Chief due to extraordinary circumstances.
Extraordinary shall be defined as an actual emergency requiring a Battalion
Chief to return for more than eight (8) hours. Does not include
administrative meetings and etc. In general, managerial employees are
expected to work the hours necessary to successfully carry out their duties
and frequently must return to work or attend meetings and events outside
their normal working hours.
In recognition of these requirements and the 24 -hour staffing requirements of
Fire Departments, all members of this unit shall be afforded flexibility in
managing their work load and time and are eligible to take a maxim,m, of 64
hours per calendar year of. Administrative :Leave. Such leave may be taken at
any time during the year, however, in cases where a person is not actively
employed in an exempt position with the.city during the full year such leave
shall be prorated or if the yearly amount earned is changed during the year
the amounts shall be prorated. For purposes of computing monthly the
rate of 5.33 hours per month may be used. There shall be no carryover of
such leave frcmt year to year or any payoff for unused leave except that
during the month of December in 1990,1991, and 1992 employees may request up
to 40 hours of unused administrative leave to be paid, in cash provided that
total. taken and paid does not exceed 64 hours during the calendar year.
City shall pay off all accrued, but not used, compensation leave occurred to
September 1, 1988 at the June 1988 hourly rate.
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ARTICLE 19
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Ndmicipal Code. (See
Appendix C attached)
1. Upon termination of employment by death or retirement, a percentage of
the dollar value of the employee's accumulated sick leave will be paid to
the employee, or the designated beneficiary or beneficiaries, according
to the following schedule:
(a) Death- 50% Such payment shall be made within seventy -two hours of
notice to the City of an employee's death.
(b) Retirement and actual comvncelment of PERS benefits:
(1) After ten years of continuous employment - 10%
(2) After twenty years of continuous employment - 15%
(c) Job - related disability retirement and actual cmmnencement of PERS
benefits - 75% with a maximum of 1000 hours payoff (75% of 1333.3
2. An employee may take up to three 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 his/her imiediate family. A
member of the employee's immediate family, shall mean spouse, child,
brother, sister, parent, parent -in -law, step - parent, step- brother,
step - sister, grandparent, or any other relative living in the same
household.
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ARMCIE 20
BEREAVEMENT IEAVE
At each employee's option, sick.leave may-be-us to be absent 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, grandparent, or any other relative living in the same household,
provided such leave as defined in this section shall not exceed five (5)
working days from each incident. The employee may be required to submit
proof of relative's death before being granted sick leave pay. False
information concerning the death or relationship shall be cause for
discharge.
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HOURS
EVloyees assigned to a 24 hour shift schedule, shall work a shift schedule
which, over a period of one year, shall average approximately fifty -six (56)
hours per week.
For purposes of illustration only, a copy of the shift schedule pattern is
set forth in Appendix B.
A work shift is defined as a work period of twenty -four (24) hours,
ccamezicing at 0800 hours and contimiing until the next day, ending at 0800
hours (8 a.m. to the following 8 a.m.)
Unscheduled time off, shift exchanges, vacation exchanges and early reliefs
shall be approved by the Fire Chief and will require the availability of a
chief officer and relief personnel of equal rank and or qualifications for
the position. (Availability of a chief officer shall be defined as:
immediately available to respond with two way radio oammmications to an
emergency and arriving in the city limits within 15 minutes.)
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AKI'ICLE 22
HEALTH/FITNESS
The City, the department and the Association are desirous of implementing
measures to promote the well being of employees and reduce the incidents of
preventable accidents, illnesses, and disabilities and shall work
cooperatively to encourage and develop appropriate programs to enhance
physical fitness and health of all fire department employees.
The Association recognizes that it is the policy of the City to hire non
smokers in the Fire Departmesit. The Association further recognizes there is
a fire department policy concerning smoking in departmental facilities and
vehicles. The parties agree that smoking poses health risks to non- smokers
as well as smokers.
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ARTICLE 23
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A grievance is defined as an alleged violation, misinterpretation or
misapplication. of the personnel rules and regulations or of any Memorandum of
Agreement, excluding disciplinary matters, or other matters as fall within
the scope of representation.
Each grievance shall be handled in the following mariner:
A. Zhe employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative
to accompany him/her at each step of the process. If the matter can be
resolved at that level to the satisfaction of the employee, the grievance
shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing
to the department head for consideration, stating the facts on which it
was based, including the provision of the rules, regulations, or
agreement said to be violated, and the proposed remedy. This action must
take place within fifteen (15) business days of the response of the
supervisor's immediate superior but in no event later than thirty (30)
calendar days after the occurrence of the event giving rise to the
grievance. The department head shall promptly consider the grievance and
render a decision in writing within fifteen (15) business days of
receiving the written grievance. If the employee accepts the department
head's decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the department head's decision
employee may immediately submit the grievance in writing to the
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Director within seven (7) business clays of.receiving the department
head's decision. The Personnel Director shall confer with the employee
and the department head and any otherr interested parties, and shall
conduct such other investigations as may be advisable.
D. The results or findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen
(15) business days of receiving the employee's written request. The City
Administrative Officer will meet with the employee if the employee so
desires before rendering a decision with respect to the complaint. The
City Administrative Officer's decision shall be in writing and given to
the employee within twenty (20) business days of receiving the Personnel
Director's results and findings. Such decision shall be final unless
employee desires the Personnel Board to review the decision. If such is
the case, the employee will have ten (10) business days following receipt
of the City Administrative Officer's decision to submit a written. request
to the Personnel Board through the Personnel Director for a review of the
decision. The Personnel Board within thirty (30) business days shall
review the record and either (1) issue an advisory opinion to the City
Administrative Officer; or (2) conduct a hearing on the matter. If a
hearing is held, an advisory opinion shall be rendered by the Board
within ten (10) business days of the close of such hearing. If an
opinion signed by at least three (3) members of the Personnel Board
recommends overruling or modifying the City Administrative Officer's
decision, the City Administrative Officer shall comply or appeal this
recommendation to the City Council. Such appeal shall be filed with the
City Clerk within tYi (3) business days of the Board's action. If
appealed, the City Council shall review the case on the record and render
a final decision within thirty (30) business days of submittal.
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ARTICLE 24 '
FULL AGREEMENT
It is understood this Agreement represents a complete and final understand g
on all negotiable issues between the City and-the Association. This
Agreement supersedes all previous Memoranda of Understanding or Memoranda of
Agreement between the City and the Association except as specifically
referred to in this Agreement. The parties, for the term of this Agreement,
voluntarily and unqualifiedly agree to waive the obligation to negotiate with
respect to any practice, subject or matter not specifically referred to or
covered in this Agreement even though such practice, subject or matter may
not have been within the knowledge of the parties at the time this Agreement
was negotiated and signed. In the event any new practice or subject matter
arises during the term of this Agreement and an action is proposed by the
City, the Association will be afforded. notice and shall have the right to
meet and confer upon request.
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ARTICLE 25
SAVINGS CLAUSE
If any provisions of this Agreement should be held invalid by operation of
law or by any coot of oompetent jurisdiction, or if compliance with or
enforcement of any provision should be restrained by any tribunal, the
remainder of this Agreement shall not be affected thereby, and the parties
shall enter into a meet and confer session for the sole purpose of arriving
at a ,mt„al y satisfactory replant for such provision within a thirty
(30) day work period. If no agreement has been reached, the parties agree to
invoke the provision of impasse under Section 13 of city Resolution No. 3405
(1977 Series) or as may be amended.
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A=CLE 26
OPENERS
If the CPI -U for the LA,/LB area published in May 1991 reflects an annual cost
of living increase greater than 10% for the preceding 12 month period then
the City and Association shall reopen negotiations on salary only to address
this issue prior to the July 1991 salary increases being implemented.
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For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address: 748 Pismo Street, San Luis Obispo, California 93401;
telephone: (805) 549 - 7380).
B. Management's principal authorized agent shall be the Personnel
Director or his/her duly authorized representative (address: P.O.
Box 8100, San Luis Obispo, California 93403; telephone: (805)
549- 7252).
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TERM OF AGREEMENT
This Agreement shall become effective upon adoption of Council, except that
those provisions which have specific implementation dates, shall be
implemented on those dates and shall remain in full force and effect until
midnight June 30, 1993.
Szc.�vRFs
1. Classification covered by this Agreement and included within this unit
are Fire Battalion Chief, Fire Battalion Chief/Tra;n,g Officer, and Fire
Marshal/Battalion Chief.
2. This Agreement does riot apply to Temporary Employees or Part-time
Employees.
This Agreement was executed on September 22, 1988 by the following parties:
CITY OF SAN LUIS OBISPO
Arm Crossey, Personnel Director
Toby '
Ross, Assistant C.A.O.
Michael Dolder, Fire Chief
34
e -� v • a Nam • w •
Robert Neumann, SIoFBCA
Erwin Willis, SIOFBCA
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RN
APPENDIX A
CLASSIFICATION
CLASSIFICATION
Fire Battalion Chief
Fire Battalion Chief/Training Officer
Fire Marshal /Battalion chief
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CODE
725
726
730
SALARY RANGE
901
902
903
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APPENDIX B
MRK scREDrtE MUSTR.TION
For purposes of illustration only, the shift schedule pattern for employees
working a fifty -six (56) hour work week consists of five (5) twenty -four (24)
hour on -duty periods within a fifteen (15) day cycle which is worked in
accordance with the following chart:
X = 24 hour on -duty period
0 = 24-hour off -duty period
SCHEDUM; XOXOXOXOXOOOOOO
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AP=IX C
EMPLOYEE RESPONSIB'n TMc AND BINEFM - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as
follows:
2.36.420 Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
1. Absence from duty because of illness or off - the -job injury, or
exposure to contagious diseases as evidence by certification from an
accepted medical authority;
2. 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 subsection shall not exceed
five working days from each incident. The employee may be required
to submit proof of relative's death before being granted sick leave
lay;
3. An employee whose memorandum of understanding incorporates a
Provision for "family leave" may use sick leave not to exceed three
days per year if required to be away from his/her job to personally
care for a member of the employee's inme iate family as defined in
this subsection.
B. Rules Governing Sick Leave.
1. Each indent of a line -item position shall accrue sick leave with
pay at the rate of twelve days or the shift equivalent per year of
continuous service since the benefit date.
2. Sick leave may be used after the ccnpletion of the month of service
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in which it was earned.
3. Sick leave shall begin with the first day of illness.
4. Deparbnent heads shall be responsible to the city administrative
officer for the uses of sick leave in their departments.
5. 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 indication of
abuse.
6. Any employee who is absent .because of sicRness or other physical
disability shall notify his/her immediate supervisor or departnent
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 chapter.
7. Any employee absent for an extended illness or other physical
disability may be.required by the personnel director to have an
examination by the city's.medical examiner at city expense prior to
reinstatement to the city service.
8. An appointing authority, subject to approval of the personnel
director, may require any employee to be medically ex=dned where
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
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C, •
the public. Eaployees 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.
9. 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 2.36.460.
10. 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. Mien an
employee receives c=pensation under the Worker's C,cmpensation Act
of California, such ccupensation 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 cmVensaticn insurance coverage and the eligible employee's
regular rate of pay.
11. Notwithstanding anything contained in this section, no employee
shall be entitled to receive any payment or other campensation 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 or other caTensation
other than business or activity connected with his/her city
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emloyment.
12. A public safety employee shall not receive sick leave payments w
receiving worker's Campernsation payments.
13. Accumulation of sick leave days shall be unlimited. (prior code
2708.5)
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JULY 1988
STEP 1
SALARY POSITION MONTHLY/
RANGE TITLE BIWEEKLY
901 BATTALION CHIEF 2974
SUPPRESSION 1373
902 BATTALION CHIEF 2974
TRAINING OFFICER 1373
STEP 2
MONTHLY/
BIWEEKLY
3128
1444
3128
1444
..Dl .. .
H7 �
STEP 3
MONTHLY/
BIWEEKLY
3296
1521
3296
1521
STEP 4 STEP 5
MONTHLY/ MONTHLY/
BIWEEKLY BIWEEKLY
3468 3652
1601 1685
3468 3652
1601 1685
903 BATTALION CHIEF 3272 3443 3625 3816 4017
FIRE MARSHAL 1510 1589 1673 1761 1854
JANUARY 1989
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY / MONTHLY/
RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY
901 BATTALION CHIEF 3064 3222 3395 3573 3761
SUPPRESSION 1414 1487 1567 1649 1736
902 BATTALION CHIEF 3064 3222 3395 3573 3761
TRAINING OFFICER 1414 1487 1567 1649 1736
903 BATTALION CHIEF 3370 3546 3734 3930 4138
FIRE7NARSHAL 1555 1637 1723 1814 1910
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JULY 1989
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY / MONTHLY/
RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY
901 BATTALION CHIEF 3318 3493 3677 3870 4074
SUPPRESSION 1532 1612 1697 1786 1880
902 BATTALION CHIEF 3318 3493 3677 3870 4074
TRAINING OFFICER 1532 1612 1697 1786 1880
903 BATTALION CHIEF 3650 3842 4044 4257 4481
FIRE MARSHAL 1685 1773 1867 1965 2068
JANUARY 1990
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SALARY POSITION MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/
RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY
901 BATTALION CHIEF 3384 3562 3750 3947 4155
SUPPRESSION 1562 1644 1731 1822 1918
902 BATTALION CHIEF 3384 3562 3750 3947 4155
TRAINING OFFICER 1562 1644 1731 1822 1918
903 BATTALION CHIEF 3723 3919 4125 4342 4571
FIRE MARSHAL 1718 1809 1904 2004 2110
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V
JULY 1990
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SALARY POSITION MONTHLY/ MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/
RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY
901 BATTALION CHIEF 3519 3705 3900 4105 4321
SUPPRESSION 1624 1710 1800 1895 1994
902 BATTALION CHIEF 3519 3705 3900 4105 4321
TRAINING OFFICER 1624 1710 1800 1895 1994
903 BATTALION CHIEF 3871 4075 4290 4515 4753
FIRE MARSHAL 1787 1881 1980 2084 2194
JANUARY 1991
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SALARY POSITION MONTHLY / MONTHLY / MONTHLY / MONTHLY/ MONTHLY/
RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY
901 BATTALION CHIEF 3625 3816 4017 4228 4451
SUPPRESSION 1673 1761 1854 1952 2054
902 BATTALION CHIEF 3625 3816 4017 4228 4451
TRAINING OFFICER 1673 1761 1854 1952 2054
903 BATTALION CHIEF 3988 4198 4419 4651 4896
FIRE MARSHAL 1841 1937 2039 2147 2260
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JULY 1991
STEP 1
SALARY POSITION MONTHLY/
RANGE TITLE BIWEEKLY
901 BATTALION CHIEF 3770
SUPPRESSION 1740
902 BATTALION CHIEF 3770
TRAINING OFFICER 1740
STEP 2
MONTHLY/
BIWEEKLY
3969
1832
3969
1832
STEP 3
MONTHLY/
BIWEEKLY
4178
1928
4178
1928
STEP 4 STEP 5
MONTHLY / MONTHLY/
BIWEEKLY BIWEEKLY
4398 4629
2030 2136
4398 4629
2030 2136
903 BATTALION CHIEF 4147 4366 4596 4837 5092
FIRE MARSHAL 1914 2015 2121 2233 2350
JANUARY 1992
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/
RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY
901 BATTALION CHIEF 3884 4088 4303 4530 4768
SUPPRESSION 1792 1887 1986 2091 2201
902 BATTALION CHIEF 3884 4088 4303 4530 4768
TRAINING OFFICER 1792 1887 1986 2091 2201
903 BATTALION CHIEF 4272 4497 4734 4983 5245
FIRE.MARSHAL 1972 2076 2185 2300 2421
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JULY 1992
STEP 1
SALARY POSITION MONTHLY/
RANGE TITLE BIWEEKLY
901 BATTALION CHIEF 4039
SUPPRESSION 1864
902 BATTALION CHIEF 4039
TRAINING OFFICER 1864
STEP 2
MONTHLY/
BIWEEKLY
4252
1962
4252
1962
STEP 3
MONTHLY/
BIWEEKLY
4475
2066
4475
2066
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STEP 4 STEP 5
MONTHLY/ MONTHLY/
BIWEEKLY BIWEEKLY
4711 4959
2174 2289
4711 4959
2174 2289
903 BATTALION CHIEF 4443 4677 4923 5182 5455
FIRE MARSHAL 2051 2159 2272 2392 2518
JANUARY 1993
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SALARY POSITION MONTHLY / MONTHLY/ MONTHLY/ MONTHLY/ MONTHLY/
RANGE TITLE BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY BIWEEKLY
901 BATTALION CHIEF 4160 4379 4609 4852 5107
SUPPRESSION 1920 2021 2127 2239 2357
902 BATTALION CHIEF 4160 4379 4609 4852 .5107
TRAINING OFFICER 1920 2021 2127 2239 2357
903 BATTALION CHIEF 4576 4817 5070 5337 5618
FIRE MARSHAL 2112 2223 2340 2463 2593
45
RESOLUTION NO. 6506 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING REVISED HANDBOOK FOR ADVISORY BODIES
AND RESCINDING RESOLUTION NO. 5825 (1985 Series)
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain document attached hereto marked Exhibit "A"
and incorporated herein by reference is hereby adopted as the handbook for
advisory bodies and Resolution No. 5825 (1985 Series) is hereby rescinded.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the handbook for advisory bodies to all department heads
employed by the City of San Luis Obispo and all members of advisory
bodies.
On motion of Councilman Settle , seconded by Councilwoman Rappa ,
and on the following roll call vote:
AYES: Counclmembers.Settle, Rappa, Pinard; Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day of
October, , 1988.
ATTE C4;eWj
CITY ERK PAM VO
Approved:
e�
City Administra 've Officer
7,
City A orney
�#fpiYOR RON DUNIN
i Clerk
R6'506
�t' ;l�f'•. < °: � r Y ^. _ 'I r'..i 'i r .its. .,J .i l: .!1 .... LIS ''. 1. ��r
-_ .: '. �i71:. ?. tlt�r "•, ..,, i1�1;;i;!i.',1'L ;1j *,'., _.. .Ir!. .P.
.i l 'i ". .r I r•.'_. .l'. .:iri 'I�.I i ti: 11�'i
1 .. C '1'r'�'i `i 1. ''�,.J..• �- '!: '.'ll�pa 1 "j :I1! 1.(ti'�'!'r'1
,f "L• it 1i:'1. J(i !l: -SOU:'
'T'i(JC !i.'.,,.
. i.'.i' .i �. r.. � .. �.1' .:� L... •)� i X1;74 � il.l..i '!.1, ;11J)+ .'..1!....t _I� _ _ _
v - / - :If ' +F ...i• }r; ,7: _;171' .,.i'..i .i i.�L .n J y!. _. ...!i� /01.. ,.
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:'I t I .
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t i
RESOLUTION NO. 6505 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING COUNCIL GUIDELINES FOR MEETING SCHEDULE,
AGENDA SUBMITTALS AND GENERAL PROCEDURES AND
RESCINDING RESOLUTION NO. 5882
WHEREAS, State law requires that a City Council comply with certain
requirements designed to provide reasonable and adequate public notice of its
meetings: and
WHEREAS, the establishment of procedural rules for the conduct of meetings
of the City Council will promote and enhance a more efficient and effective
means of conducting the public's business; and
WHEREAS, the implementation of procedural rules regarding Council meetings
will allow Councilmembers and the public an opportunity to speak freely and
fully on all matters of public interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the.following
procedures are hereby established for the conduct of Council Meetings.
SECTION I. MEETING SCHEDULE
A. REGULAR MEETINGS
1. Regular meetings shall be held the first and third Tuesday of each
month beginning at 7:00 p.m.
a. Meeting schedule may be altered only upon agreement of the majority
of the City Council.
b. Study Sessions may be held on the second and fourth Tuesday evening
as the Council work load dictates.
2. Regular meetings shall be held in the Council Chambers.
3. Regular meetings shall be between the hours of 7:00 - 11:00 p.m. It
shall be the policy of the City Council to complete meetings, including
closed sessions, by 11:00 p.m. unless upon consensus, Council elects to
continue past the adjournment hour. Following the mid - meeting break
(around 9:00 p.m.) the Mayor with assistance from the C.A.O. will
review the balance of the agenda with Council to discuss how it can be
handled in the allowed time. If it is necessary to continue any items,
it will be announced at that time.
R6505
B. STUDY SESSIONS (Open to the public)
1. The purpose of these meetings shall be for informal discussions
between staff, advisory bodies or consultants and the City
Council regarding specific programs, projects or policies.
2. A Regular Study Session shall be held on the second Tuesday of
each month from 12:10 p.m. to 2:00 p.m. Additional Study
Sessions may be between the hours of 12:00 noon and 2:00 p.m.;
4:00 p.m. and 6:00 p.m.; 7:00 - 9:00 p.m. and on an as- needed
basis and at times most advantageous for public participation.
3. The participation of the public shall be at the discretion of the
Presiding Officer, upon consensus of the Council.
C. SPECIAL MEETINGS (as defined by State law)
1. Special meetings may be called by the Mayor or three members of
the City Council. (Ord. 677 - 1976 Series)
2. Written notice must be given to the City Council and to the media
24 hours prior to each meeting.
3. A supplemental telephone call shall be made if necessary to
notify each Councilmember.
4. No business other than that announced shall be discussed.
5. Any special meeting held at a place other than City Hall shall be
open to the public. Notice requirements of the Brown Act shall
be complied with for any such meetings; regular minutes shall be
taken by the City Clerk and shall be available for public
inspection.
D. CLOSED SESSIONS (closed to the public)
1. Closed Sessions are regulated pursuant to the Brown Act.
2. No member of the Council, employee of the City, or anyone else
present shall disclose to any person the content or substance of
any discussion which takes place in a closed session unless
authorized by a four - fifths vote of the Council.
SECTION II. AGENDA
A. Any Councilmember may submit an item for the agenda through the Mayor
or the-City Administrative Officer. Staff will prepare a staff
report on behalf of the Councilmember if formal Council action is
required. Action in support of or opposition to legislation at
another government level, or of a specific cause, shall be considered
only if the subject issue directly affects or is within the purview
or control of the City of San Luis Obispo.
c r
B. A member of the public may request, through a Councilmember or the
staff, that a matter be placed on the agenda. If it is an
appropriate item for the agenda, a staff report will be prepared and
approved by the C.A.O.
C. Emergency items may be placed on the agenda only in accordance with
state law. Generally, only those matters affecting public health or
safety may be considered emergency in nature. A 4/5 vote of Council
is necessary to add an emergency item.
D. Reconsideration of an item shall be allowed in accordance with
Roberts' Rules of Order and established Council guidelines.
Resubmittal of issues previously acted upon is discouraged except in
emergencies.
E. ORDER OF BUSINESS shall be as follows:
1. Call to Order
2. Pledge of Allegiance
3. Invocation
4. Roll Call
5. Consent Agenda
6. Presentations
7. Public Comment
8. Public Hearings
9. Mid - Agenda Break (approximately 9:00 p.m.)
10. Business Items
11. Communications
F. CONSENT ITEMS - first items on agenda (items familiar to Council;
routine; already have support; or items to be later set for public
hearing).
1. Any item may be pulled by a Councilmember.
2. Public may request a Councilmember to pull an item.
3. Pulled items shall be heard at the close of the session unless
majority of the Council deems otherwise.
G. PUBLIC COMMENT
Immediately prior to scheduled public hearings, members of the public
may address the City Council on items that DO NOT appear on the
printed agenda. A time limit of three minutes is provided. A
speaker slip must be filed with the City Clerk prior to the beginning
of the meeting.
As a general rule, action will not be taken on issues not listed on
the agenda. Staff will generally be asked to follow -up on such
items.
H. ORDINANCES
1. The consideration and adoption of ordinances shall be in
accordance with the Charter and relevant state law. Ordinances
not legally required to have a public hearing shall be set for a
public hearing if the subject matter is controversial or of a
special nature. Any Councilmember, prior to the time required
for notice and publication, may request the C.A.O. to set a
public hearing on an ordinance.
2. No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least
three members of the Council.
I. COMMUNICATIONS
1. The purpose of this time is to allow staff or Council to provide an
update or share information regarding a particular matter. Examples of
appropriate communications would be information of general interest
received from outside agencies, and comments or inquiries received from
individuals or from the public. _.
2. If possible, written material connected with a particular communication
item should be provided to the C.A.O. sufficiently in advance of the
meeting to be distributed with the regular agenda materials.
3. State law provides that Council can take action only on such matters
which have been noticed at least three days in advance of the meeting,
unless special circumstances are found to exist. Formal action or
approval is not preferred and such an item should be continued to the
next regular meeting.
4. The communications period should not exceed fifteen minutes and
speaking to a particular item should be limited to five minutes.
SECTION III. MEETING PROCEDURES
A. PRESIDING OFFICER
1. Duties:
a. The Mayor is the Presiding Officer pursuant to City Charter Section
407 and acts as chairman at the meetings.
b. In the absence or incapacity of the Mayor, the Vice -Mayor will act
as Presiding Officer.
2. Seating arrangement of the Council
a. The Mayor Pro - Tempore (Vice- Mayor) shall always be seated
immediately next to the Mayor.
• 0
b. The Mayor, with approval of individual Councilmembers shall
establish other seating arrangements for regular Council meetings.
3. SIGNING OF CITY DOCUMENTS
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature. In the event the Mayor is
unavailable, the Mayor Pro - Tempore's (Vice- Mayor) signature may be
used.
B. DISCUSSION RULES
1. Getting the floor:
a. A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
b. Comments to questions under debate should be limited and
personality conflicts and discourteous language avoided.
C. Cross - exchange between Councilmembers and public should be avoided.
2. Questions to .Staff:
A Councilmember shall, after recognition by the Presiding Officer,
address questions to the designated staff member.
3. Interruptions:
a. A Councilmember, once recognized, shall not be interrupted while
speaking except to make a point of order or personal privilege
(Robert's Rules).
b. If a Councilmember while speaking is called to order, the
individual shall cease speaking until the question of order is
determined (Robert's Rules).
C. Members of staff, after being recognized by the Presiding Officer,
shall hold the floor until completion of their remarks or until
recognition is withdrawn by the Presiding Officer.
4. Limitation on Discussion:
No Councilmember should speak more than once on a particular subject
until every other Councilmember has had the opportunity to speak.
Councilmembers are encourged to discuss items in the decision - making
process.
5. Tabling Procedure:
Immediately stop discussion and vote (Robert's Rules).
o �►
6. Right of Protest:
A Councilmember is never required to state reasons for dissent.
7. Rules of Order:
Those rules in effect according to the City Council policy (State law
and Robert's Rules).
C. ADDRESSING THE CITY COUNCIL
1. Individuals shall:
a. address the Council from the podium after giving name and city of
residence;
b. comment on the specific matter before the Council with reasons for
the position taken. Written comments are encouraged and should be
submitted before the public hearing is closed on that item;
c. limit comment to three minutes until others have had opportunity to
address the Council. The Presiding Officer, after all others have
spoken, may allow additional brief comment from speakers who have
already commented on the same agenda item.
2. Group or applicant representatives shall:
a. address the Council from the podium after giving name of the group,
its purpose if necessary, and the representative's name and city of
residence;
b. be permitted up to ten minutes to speak in either support or
opposition to an agenda item. Prior written comments are welcome
and encouraged.
3. After the public hearing is closed, no member of the public shall be
permitted to address the Council or the staff from the audience, except
at the discretion of the Presiding Officer.
D. PROTOCOL
1. Councilmembers and staff shall:
a. work earnestly to preserve appropriate order and decorum during all
meetings. Side conversations, distruptions, interruptions or
delaying efforts are discouraged;
b. inform the Presiding Officer when departing a meeting.
G
2. Persons demonstrating rude, boisterous, or profane behavior will be
called to order by the Presiding Officer. If such conduct continues.
the Presiding Officer may request the removal of the person(s) from the
Council Chamber or take such other appropriate action as permitted in
the Brown Act.
3. Only the City Council, staff, and those authorized by the Presiding
Officer shall be permitted to sit at the Council or staff tables.
4. Enforcement of order:
a. The Police Chief or his designee shall act as the Sergeant -at -Arms.
b. Any Councilmember may request the Presiding Officer to enforce the
rules of protocol. Upon motion and majority vote, the Presiding
Officer shall be required to do so.
E. VOTING PROCEDURES
1. All Councilmembers when present shall vote. Failure of a seated
Councilmember to vote will be construed as an affirmative vote.
2. Three affirmative votes are necessary to decide an action.
3. Conflict of interest shall be declared whenever appropriate and in
compliance with State law.
4. A vote may be changed by a Councilmember only immediately after the
vote announcement by the Clerk and prior to the introduction of the
next agenda item.
5. The Clerk shall restate the motion prior to the vote.
6. Consensus or voice vote shall be taken whenever possible in order to
streamline meetings.
7. Following the vote the City Clerk shall announce whether the questions
have been carried or defeated.
8. The Presiding Officer may publicly explain the effect of the vote for
audience or may direct a member of the staff to do so.
Resolution No. 6505 (198("eries)
•
On motion of Councilwoman Rappa , seconded by Mayor Dunin and on
the following roll call vote:
AYES: Councilmembers Rappa, Mayor Dunin, Pinard, Reiss and Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 27th day of September,
1988.
ATT a
U
CI CLERK PAMELA V OS
Approved:
Admini trative Officer
Cit Attordky
CI \y Clerk
RON DUNIN
Fl,
Awwl,j,yl-�
9
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no
RESOLUTION NO: 6504
(1988 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
FOR THE PERIOD OF JULY 1, 1988 - JUNE 30, 1993
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. The Memorandum of Agreement between the City of San
Luis Obispo and the San Luis Obispo Police Officers' Association,
attached hereto as Exhibit "A" and incorporated herein by this
reference, is hereby adopted and ratified.
Section 2. The Finance Director shall increase the Personnel
Services appropriation accounts to reflect the negotiated,
compensation changes.
Section 3. The City Clerk shall furnish a copy of this
resolution and a copy of the executed Memorandum of Agreement
approved by it to: Gary Nemeth, President SLOPOA; Ann Crossey,
Personnel Director; William Statler, Finance Director.
On motion of Councilman Settle , seconded by Councilwoman Rappa I
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 27th day of
September 1988.
R6504
i 0
Resolution No. 6504
Page 2
(1988 Series)
'Mayor Ron Dunin
ATTEST:
APPROVED:
ity A inistrative officer
Personnel Director
a
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v ,
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CITY OF SAN LUIS OBISPO
MEMORANDUM OF AGREEMENT
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
JULY 1, 1988
Through
JUNE 30, 1993
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TABLE OF CONTENTS
Article
No. Title
Page No.
1
PREAMBLE --------------------------------- -
- - - -- 1
2
RECOGNITION ------------------------------ -
- - - -- 2
3
CHECK /OF DUES DEDUCTION ------------------ -
- - - -- 3
4
EMPLOYEE RIGHTS -------------------------- -
- - - -- 4
5
MANAGEMENT RIGHTS ------------------------ -
- - - -- 5
6
REPRESENTATIVE ROLE ---------------------- -
- - - -- 6
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SALARY ----------------------------------- -
- - - -- 7
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MASTER POLICE OFFICER PROGRAM ------------- -
- - - -- 10
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OVERTIME - SWORN ------------------------- -
- - - -- 12
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ROLL CALL BRIEFING ----------------------- -
- - - -- 14
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OVERTIME - NON -SWORN --------------------- -
- - - -- 15
12
GUARANTEED MINIMUMS FOR RETURNING TO WORK -
- - - -- 16
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WORK OUT -OF -GRADE ------------------------ -
- - - -- 18
14
STANDBY ----------------------------------- -
- - - -- 19
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EDUCATION INCENTIVE ---------------------- -
- - - -- 20
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UNIFORM ALLOWANCE ------------------------ -
- - - -- 23
17
HEALTH CARE INSURANCE -------------------- -
- - - -- 24
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RETIREMENT ----------- -------------------- -
-- - -- 26
19
RETIREE'S MEDICAL INSURANCE -------------- -
- - - -- 27
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HOLIDAYS ---------------------------------- -
- - --- 28
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VACATION ------------- -------------------- -
- - - -- 30
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SICK LEAVE -------------------------------- -
- - - -- 31
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BEREAVEMENT LEAVE ------------------------ -
- - - -- 32
24
WORKERS' COMPENSATION LEAVE -------------- -
- - - -- 33
25
GENERAL PROVISIONS ----------------------- -
- - - -- 34
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Article
No. Title
Page No.
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POLICY AND PROCEDURE COMMITTEE -----------
- - - - -- 35
27
WORKING CONDITIONS -----------------------
- - - - -- 36
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DEFINITIONS ------------------------------
- - - - -- 37
29
GRIEVANCE PROCEDURE ----------------------
- - - - -- 38
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LAYOFFS ----------------------------------
- - - - -- 41
31
WORK ACTIONS -----------------------------
- - - - -- 42
32
FULL AGREEMENT ---------------------------
- - - - -- 44
33
SAVINGS CLAUSE ---------------------------
- - - - -- 45
34
OPENERS ----------------------------------
- - - - -- 46
35
RENEGOTIATIONS ---------------------------
- - - - -- 47
36
TERM OF AGREEMENT ------------------------
- - - - -- 48
APPENDIX A -------------------------------
- - - - -- 49
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•
ARTICLE 1
PREAMBLE
This Agreement is made and entered into this 27th day of
September, 1988, by and between the City of San Luis Obispo,
hereinafter referred to as City, and the San Luis Obispo Police
Officers' Association.
The purpose of this Agreement is to promote the improvement of
personnel management and employer /employee relations, provide an
equitable and peaceful procedure for the resolution of
differences and establish.rates of pay and other terms and
conditions of employment.
The City and the Police Officers' Association agree that all
employees of the City share in the important responsibility of
providing superior service to the public and that every job and
position is considered to be important.
Nothing in this Agreement between the parties shall invalidate
or be substituted for any provision in.City Resolution No. 3405
(1977 Series) unless so stipulated to by provision(s) contained
herein and agreed to.
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• •
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City
Resolution No. 3405 (1977 Series), the City hereby recognizes
the San Luis Obispo Police Officers' Association as the
bargaining representative for purposes of representing regular
and probationary employees, occupying the position
classifications set forth in Appendix A, in the Police Unit with
respect to their compensation, hours and other terms and
conditions of employment for the duration of the.Agreement.
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® •
ARTICLE 3
CHECK OFF /DUES DEDUCTION
The City shall deduct dues from City employees and remit said
dues to the Association treasurer for the duration of this
Agreement, which dues shall not include assessments.
Dues deduction, additions, and /or deletions shall be recorded by
the City's Finance Officer and a notification of all dues
transactions shall be sent monthly to the Association President.
The Association shall hold the City harmless from any and all
claims, and will indemnify it against any unusual costs in
implementing these provisions.
Additional provisions can be found in Section 20 of Resolution
No. 3405 (1977 Series).
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•
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and
participate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters of
employer - employee relations including, but not limited to,
wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to
join or participate in the activities of employee organizations
and shall have the right to represent themselves individually in
their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
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ARTICLE 5'
MANAGEMENT_ RIGHTS
The rights of the city include, but are not limited to, the
exclusive right to determine the mission of its constituent
departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for
employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the
efficiency of government operations; determine the methods,
means and personnel by which government operations are to be
conducted; determine the content of the job classifications;
take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over -
its organization and the technology for performing its work.
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•
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ARTICLE - -6
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a
reasonable method, select not more than three employee members
of such organization and one employee observer to meet and
confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such
selection is provided by an authorized official of the
organization) on subjects within.the scope of representation
during regular duty or work hours without loss of compensation
or other benefits. The employee organization shall, whenever
practicable, submit the name(s) of each employee representative
to the Municipal Employee Relations officer at least two working
days in advance of-such meetings.
Provided further:
(1) That no employee representative shall leave his or her
duty or work station or assignment without specific
approval of the department head or other authorized
City management official. If employee representatives
cannot be released, date of meeting will be rescheduled
in accordance with item (2) below.
(2) That any such meeting is subject to scheduling by City
management consistent with operating needs and work
schedules. Nothing provided herein, however, shall
limit or restrict City management from scheduling such
meetings before or after regular duty or work hours.
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ARTICLE 7
43PAW4
7.1 Rules Governing Step Increases
The rules governing step increases for employees covered by
this MOA are included in the current Salary Resolution with
the following modification: The department head shall be
authorized to reevaluate employees who reach Step 5 in
their pay range. 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 department head deems it necessary
to again remove the fifth step during the same fiscal year,
he may make the change at any time with three business
days' advanced written notice.
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 one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
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1 Each across - the -board % salary increase shall raise step'5'
2 of range 9P by the %. Step 5 of each successive salary
3 range will be 2.6% above step 5 of the next lower range.
4 After all step 5's of salary ranges have been established,
5 each step 5 shall be rounded off to the nearest $1.0.0 and
6 the remaining steps established in accordance with the
7 above formula.
8 Employees who are eligible for advancement to step 4 or 5
9 after July 1, 1983, must receive a '-'Meets Performance
10 Standards" or better on the overall-rating on their most
11 recent Performance. Appraisal prior to or coincident with
12 their being eligible for advancement by time in grade.
13 7.2 Salary increases.._ for-term-of.-Agreement,
14 Salary increases will be paid on the first day of the firs -
15 full pay period in the month listed.
SWORN PERSONNEL NON -SWORN PERSONNEL
16
17 1 July 1988 8% 6%
18 1 January 1988 - 6%
19 1 July 1989 5% 5%
20 1 January 1990 2% 2%
21 1 July 1990 4% 4%
22 1 January 1991 3% 3%
23 1 July 1991 4% 4%
24 1 January 1992 3% 3%
25 1 July 1992 4% 4%
26 1 January 1993 3% 3%
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7.3 Salary Range Listing - July 1988 Through June 1993
------------------- -------------------------------
JULY 1988
W
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
SALARY
POSITION
MONTHLY/
MONTHLY /
MONTHLY/
MONTHLY/
MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
509
PARKING
1546
1626
1713
1803
1899
ENFORCEMENT
713
750
7,91
832-
877
OFFICER
509
FIELD SERVICE
1546
1626
1713
1803
1899
TECHNICIAN
713
750
791
832
877
512
COMMUNICATIONS
1674
1762
1856
1950
2056
TECHNICIAN I
773
813
856
900
949
513
CRIME
1716
1805
1902
2003
2106
PREVENTION
792
833
878
924
972
COORDINATOR
518
COMMUNICATIONS
1954
2058
2166
2281
2395
TECNICIAN 11
902
950
1000
1053
1106
524
EVIDENCE
2283
2402
2531
2664
2804
TECHNICIAN
1054
1109
1168
1230
1294
700
POLICE OFFICER
2106
2.218
2333
2457
2586
972
1024
1077
1134
1193
702
POLICE OFFICER
2218
2335
2459
2588
2724
FTO/DETECTIVE
1024
1078
1135
1194
1257
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5
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9
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•i •
JANUARY 1989
.;
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
SALARY
POSITION
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
509
PARKING
1638
1723
1817
1911
2014
ENFORCEMENT
756
795
838
882
930
OFFICER
509
FIELD SERVICE
1638
1723
1817
1911
2014
TECHNICIAN
756
795
838
882
930
512
COMMUNICATIONS
1775
1867
1966
2067
2180
TECHNICIAN I
819
862
907
954
1006
513
CRIME
1819
1913
2016
2122
2232
PREVENTION
840
883
931
979
1030
COORDINATOR
518
COMMUNICATIONS
2072
2182
2297
2418
2540
TECNICIAN 11
956
1007
1060
1116
1172
526
EVIDENCE
2421
2547
2683
2825
2972
TECHNICIAN
1117
1176
1238
1304
1372
700
POLICE OFFICER
2106
2218
2333
2457
2586
972
1024
1077
1134
1193
702
POLICE OFFICER
2218
2335
2459
2588
2724
FTO /DETECTIVE
1024
1078
1135
1194
1257
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3
4
51
6
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8
9
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12
13
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JULY 1989
-1
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
SALARY
POSITION
MONTHLY /
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
509
PARKING
1720
1809
1906
2007
2116
ENFORCEMENT
794
835
880
926
977
OFFICER
509
FIELD SERVICE
1720
1809
1906
2007
2116
TECHNICIAN
794
835
880
926
977
512
COMMUNICATIONS
1863
1961
2063
2170
2289
TECHNICIAN I
860
905
952
1002
1056
513
CRIME
1911
2009
2118
2227
2343
PREVENTION
882
927
978
1028
1082
COORDINATOR
518
COMMUNICATIONS
2175
2291
2412
2539
.2666
TECNICIAN II
1004
1057
1113
1172
1231
526
EVIDENCE
2541
2675
2816
2967
3121
TECHNICIAN
1173
1235
1300
1369
1441
700
POLICE OFFICER
2211
2330
2450
2580
2714
1021
1075
1131
1191
1253
702
POLICE OFFICER
2330
2452
2582
2716
2860
FTO/DETECTIVE
1075
1132
1192
1254
1320
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JANUARY 1990
9-c
.STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
SALARY
POSITION
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY /
MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
509
PARKING
1755
1845
1945
2046
2159
ENFORCEMENT
810
852
898
945
997
OFFICER
509
FIELD SERVICE
1755
1845
1945
2046
2159
TECHNICIAN
810
852
898
945
997
512
COMMUNICATIONS
1901
2000
2104
2214
2334
TECHNICIAN I
877
923
971
1022
1077
513
CRIME
1949
2049
2161
2272
2391
PREVENTION
900
946
998
1049
1104
COORDINATOR
518
COMMUNICATIONS
2219
2336
2460
2590
2721
TECNICIAN 11
1024
1078
. 1135
1195
1256
526
EVIDENCE
2592
2729
2873
3025
3185
TECHNICIAN
1196
1260
1326
1396
1470
700
POLICE OFFICER
2256
2376
2500
2632
2769
1041
1097
1154
1215
1278
702
POLICE OFFICER
2376
2502
2634
2771
2917
FTO/DETECTIVE
1097
1155
1216
1279
1346
9-c
9
9
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JULY 1990
9 -D
_STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
SALARY
POSITION
MONTHLY/
MONTHLY /
MONTHLY/
MONTHLY/
MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
509
PARKING
1825
1920
2023
2129
2247
ENFORCEMENT
842
886
934
983
1037
OFFICER
509
FIELD SERVICE
1825
1920
2023
2129
2247
TECHNICIAN
842
886
934
983
1037
512
COMMUNICATIONS
1976
2080
2188
2303
2427
TECHNICIAN I
912
960
1010
1063
1120
513
CRIME
2028
2132
2249
2364
2488
PREVENTION
936
984
1038
1091
1148
COORDINATOR
518
COMMUNICATIONS
2307
2429
2558
2693
2830
TECNICIAN 11
1065
1121
1180
1243
1306
526
EVIDENCE.
2695
2839
2988
3146
3312
TECHNICIAN
1244
1310
1379
1452
1529
700
POLICE OFFICER
2346
2472
2600
2738
2880
1083
1141
1200
1264
1329
702
POLICE OFFICER
2472
2603
2740
2882
3033
FTO /DETECTIVE
1141
1201
1265
1330
1400
9 -D
1
2
3
4
5
6'
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• •
JANUARY 1991
9-E
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6 STEP 7
SALARY
POSITION
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/ MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY BIWEEKLY
509
PARKING
1879
1977
2084
2194
2314
ENFORCEMENT
867
913
962
1012
1068
OFFICER
509
FIELD SERVICE
1879
1977
2084
2194
2314
TECHNICIAN
867
913
962
1012
1068
512
COMMUNICATIONS
2035
2142
2254
2372
2499
TECHNICIAN I
939
989
1040
1095
1154
513
CRIME
2089
2196
2316
2435
2562
PREVENTION
964
1014
1069
1124
1182
COORDINATOR
518
COMMUNICATIONS
2377
2502
2633
2774
2915
TECNICIAN II
1097
1155
1215
1280
1345
526
EVIDENCE
2776
2923
3077
3240
3412.
TECHNICIAN
1281
1349
1420
1496
1575
700
POLICE OFFICER
2417
2546
2678
2821
2966
3122 3286
1115
1175
1236
1302
1369
1441 1517
9-E
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
O
JULY 1991
•
�m
STEP 1
STEP 2,
STEP 3
STEP 4
STEP 5
STEP 6 STEP 7
SALARY
POSITION
MONTHLY /
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY / MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY BIWEEKLY
509
PARKING
1954
2057
2168
2280
2407
ENFORCEMENT
902
950
1000
1052
1111
OFFICER
509
FIELD SERVICE
1954
2057
2168
2280
2407
TECHNICIAN
902
950
1000
1052
1111
512
COMMUNICATIONS
2116
2229
2343
2467
2600
TECHNICIAN I
977
1029
1082
1139
1200
513
CRIME
2172
2285
2409
2533
2663
PREVENTION
1003
1055
1112
1169
1229
COORDINATOR
518
COMMUNICATIONS
2472
2603
2738
2884
3031
TECNICIAN 11
1141
1201
1264
1331
1399
526
EVIDENCE
2887
3040
3200
3371
3549
TECHNICIAN
1332
1403
1477
1556
1638
700
POLICE OFFICER
2512
2648
_ 2785
2934
3085
3247 3418
1160
1222
'- 1285
1354
1424
1499 1578
�m
1
2
3.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 •
JANUARY 1992
9-G
.STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6 STEP 7
SALARY
POSITION
MONTHLY/
MONTHLY /
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY / MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY BIWEEKLY
509
PARKING
2013
2120
2232
2348
2479
ENFORCEMENT
929
979
1030
1084
1144
OFFICER
509
FIELD SERVICE'
2013
2120
2232
2348
2479
TECHNICIAN
929
979
1030
1084
1144
512
COMMUNICATIONS
2180
2296
2415
2542
2678
TECHNICIAN 1
1006
1060
1114
1173
1236
513
CRIME
2238
2354
2482
2609
2743
PREVENTION
1033
1087
1145
1204
1266
COORDINATOR
518
COMMUNICATIONS
2546
2680
2821
2970
3122
TECHICIAN II
1175
1237
1302
1371
1441
526
EVIDENCE
2973
3131
3296
3472
3655
TECHNICIAN
1372
1445
1521
1603
1687
700
POLICE OFFICER
2589
2727
2868
3022
3178
3345 3522
1195
1259
1324
1395
1467
1544 1625
9-G
0
0
0
1
2
3
4
5
6
7
8
9I
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o •
JULY 1992
9-H .
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6 STEP 7
SALARY
POSITION
MONTHLY/
MONTHLY /
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/ MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY BIWEEKLY
509
PARKING
2093
2206
2321
2443
2578
ENFORCEMENT
966
1018
1071
1127
1190
OFFICER
509
FIELD SERVICE
2093
2206
2321
2443
2578
TECHNICIAN
966
1018
1071
1127
1190
512
COMMUNICATIONS
2267
2389
2510
2643
2785
TECHNICIAN I
1046
1102
1159
1220
1285
513
CRIME
2328
2449
2580
2713
2853
PREVENTION
1074
1130
1191
1252
1317
COORDINATOR
518
COMMUNICATIONS
2648
2787
2934
3089
3247
TECNICIAN II
1222
1286
1354
1426
1499
526
EVIDENCE
3092
3256
3427
3612
3801
TECHNICIAN
1427
1503
1582
1667
1754
700
POLICE OFFICER
2693
2837
2983
3143
3306
3479 3662
1243
1309
1377
1451
1526
1606 1690
9-H .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 •
JANUARY 1993
9-I
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6 STEP 7
SALARY
POSITION
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/
MONTHLY/ MONTHLY/
RANGE
TITLE
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY
BIWEEKLY BIWEEKLY
509
PARKING
2156
2272
2390
2515
2656
ENFORCEMENT
995
1049
1103
1161
1226
OFFICER
509
FIELD SERVICE
2156
2272
2390
2515
2656
TECHNICIAN
995
1049
1103
1161
1226
512
COMMUNICATIONS
2334
2459
2587
2723
2868
TECHNICIAN I
1077
1135
1194
1257
1324
513
CRIME
2397
2522
2658
2794
2939
PREVENTION
1106
1164
1227
1290
1357
COORDINATOR
518
COMMUNICATIONS
2727
2870
3022
3182
3345
TECNICIAN II
1259
1325
1395
1469
1544
526
EVIDENCE
3185
3354
3530
3720
3914
TECHNICIAN
1470
1548
1629
1717
1807
700
POLICE OFFICER
2774
2921
3073
3238
3406
3584 3772
1280
1348
1418
1495
1572
1654 1741
9-I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
is 27
28
0
•
ARTICLE 8
MASTER POLICE OFFICER PROGRAM
8.1 This program will be implemented January, 1, 1991 and at
that time all assignment allowances including the education
incentive program for sworn personnel will be cancelled.
8.2 The speciality assignments included in this program are:
Field Training Officer
Investigator (Detective Division)
Traffic Officer (Traffic Division)
Crime Scene Investigator
8.3 To be eligible for compensation under this program an
employee must receive and maintain at least a "Meets
Performance Standards" rating on their evaluation.
8.4 Compensation under this program shall in no case exceed two
steps on the salary range.
8.5 Requirements:
Master Police Officer I
1. Two full years at 5th step of the salary range. -
2. Must have obtained an Intermediate POST certificate.
3. Must have successfully completed two years in a
speciality assignment.
4. Compensation: Police Officer 5th step times 5.26% (6th
step).
Master Police Officer II
1. Two full years at the Master Police Officer I level (or
4 years at 5th step at the time of implementation -
January, 1991).
2. Must have obtained an Advanced POST certificate.
10
1 3. Must have successfully completed two years in a second
2 (separate) speciality assignment.
3 4. Compensation: Police Officer 5th step times 10.52%
4 (7th step).
5 5. Officers at this level will be permitted to wear an
6 insignia recognizing this status. The insignia will be
7 determined by the Chief with input from the
8 Association.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11
•
•
•
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
O •
ARTICLE 9
OVERTIME - SWORN
9.1 DEFINITION
Overtime is defined as all hours worked in excess of 160
hours worked in the employee's 28 day work period.
Vacation, holidays, sick leave, IOD, and compensatory time
off, shall be considered hours worked when computing
overtime.
9.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be
eligible for overtime pay. The Police Chief has the
authority to approve in writing overtime pay for exempt
positions per submitted overtime slips by the concerned
parties, based on the needs of the organization or
exceptional circumstances.
9.3 COMPENSATION
(a) Overtime hours 161 thru 165 worked in the employee's 28
day work period, shall be paid in cash at the
employee's straight time base hourly rate, or
compensatory time off on an hour for hour basis.
(b) Overtime hours 166 thru 171 worked in the employee's 28
day work period, shall, at the employee's option, be
compensated in cash at time and one -half the employee's
regular rate of pay or in time off on an hour - for -hour
basis. However, no employee shall accumulate and have
current credit for more than forty (40) hours of
compensatory time off.
12
1
2
3
4
5
6i
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
•
(c) Overtime earned in excess of the first eleven (11)
hours of overtime earned in the employee's 28 day
work period, shall be compensated in cash at one
and one half (1 1/2) times the employee's regular
rate of pay.
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
V
19
2(
21
z
2z'
24
2°
2E
2j
2�
lei
0
ARTICLE 10
ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do,
shall be paid for such attendance. Payment shall be considered
overtime and paid as such if the hours fall within the
definition of overtime.
14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• •
ARTICLE.11
OVERTIME - NON -SWORN
11.1 DEFINITION
Overtime is defined as all hours worked in excess of forty
(40) hours worked in a work week. Vacation, holidays,
sick leave, IOD and compensatory time off, shall be
considered hours worked when computing overtime.
11.2 ELIGIBILITY
All non -sworn employees covered by this Agreement except
for the Communications Technician II, shall be eligible
for overtime pay.
11.3 COMPENSATION
Overtime shall be compensated in cash at one and one half
(1 1/2) times the employee's regular rate of pay.
15
0
i
1
2
3
4
5
6
7
8
9
10
11
12
13
15
16
17
18
19
20
21
22
23
24
25
26
27
28
N
ARTICLE 12
0
GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to
work outside of the employee's normal work hours, if a minimum
applies as found in this article, then the employee has the
choice of taking the minimum or taking the pay for the work_
actually performed, whichever is larger.
12.1 SCHEDULED RETURN TO WORK
Court Time
(a) Employees reporting for court duty shall be
guaranteed two hours minimum payment at straight
time when assigned to the second or third watch
or three hours minimum at straight time when
assigned to the first or fourth watch.
(b) Two or more court cases occurring within the
minimum time period shall be subject to a single
minimum payment.
Training
Employees called back for training sessions authorized .
by the Police Chief or Watch Commander shall be
guaranteed two -hour minimum payment at straight time.
Range Oualification
(a) Sworn personnel shall be guaranteed two hours at
straight time when participating in range
qualification training when off duty.
(b) Each sworn employee who shoots for qualification
shall be provided 100 rounds of practice
ammunition during that month.
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0
•
12.2 NON - SCHEDULED RETURN TO_WORK
Call Back
Employees called back to work at other than their
normally scheduled shift shall be guaranteed two -hour
minimum payment at time- and- one -half.
17
r�
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 •
ARTICLE 13
WORK OUT -OF -GRADE
Employees temporarily assigned to work in a higher
classification shall receive one step (5.26$) additional pay but
in no case more than the top step for the higher classification
under to following conditions:
1. The assignment exceeds ten consecutive work days, in
which case the step increase becomes effective on the
first work day.
2. The person being temporarily replaced is on extended
sick or disability leave or the position is vacant and
an examination is pending.
18
1
2
3
4.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ARTICLE 14
STANDBY
14.1 DEFINITION
Standby is that circumstance which requires an employee
assigned by the department to 1) be ready to respond
immediately to a call for service, 2) be readily available
at all hours by telephone or other agreed upon
communication equipment, and 3) refrain from activities
which might impair his /her assigned duties upon call.
The parties agree that employees on standby, as defined
above, are "waiting to be engaged." The parties further
agree there is no intent to waive any individual rights
under FLSA.
14.2 COMPENSATION
Non - investigator
(a) Sworn personnel placed on standby shall be
compensated one hour's pay for each five (5) hours
standby.
(b) Such employees shall be paid a minimum of three (3)
hours straight time when on standby.
Investigator
(a) Investigators placed on standby shall be compensated
twelve dollars ($12.00) per day Monday through
Friday, and sixteen dollars ($16.00) per day for
other days of standby.
(b) Standby shall be rotated among the assigned
investigators. Normally, the standby assignment
shall be for one (1) week.
19
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.ARTICLE 15
EDUCATION INCENTIVE
The City agrees to establish an educational incentive pay plan.
Incentive pay benefits will be available only to sworn personnel
until January 1, 1991 at which time this plan is cancelled for
sworn Personnel. The plan as described below will continue for
non - sworn personnel.
A. BASIC BENEFITS. Education incentive pay shall not begin
until one year after employment with the City of San Luis
Obispo, but credit will be given for approved education
obtained prior to that time. The basic benefit for officers
employed prior to July 1, 1981, will consist of one -half
step above the base salary for possession of an A.A., or
equivalent.degree from an accredited community or junior
college, or 60 or more semester units, or a city - approved
equivalent, towards a B.A. degree; and one full step for a
B.A. or equivalent degree plus the P.O.S.T. Advance
Certificate. Total incentive pay shall in no case exceed
one step.
B. JOB RELATED FIELDS. Degrees must.be either in directly job
related fields or include at least 30 semester, or
city- approved equivalent, units in the case of an A.A. or
A.S. degree, and at least 60 semester, or city- approved
equivalent, units in the case of a B.A. or equivalent
degrees leading toward the appropriate degree with a grade
of "C" or better.
C. APPLICATION AND APPROVAL. Application for the incentive pay
shall be made by the employee to the department head at
20
1
least 30 days before the date the payment of the incentive
2
pay is to be effective. Approval of the department head and
3
the Personnel Director shall be required.
4
D.
UNSATISFACTORY PERFORMANCE. In the event an employee
5
receiving the incentive pay is not performing up to the
6
established standards set for the job, the department head
7
with the concurrence of the Administrative Officer may
8
suspend payment of the incentive pay or Step 5 of the salary
9
range, but not both, until such time as the employee's
10
Performance comes up to the standard level, in the opinion
11
of the department head and concurred in by the
12
Administrative Officer.
13
E.
NON- APPLICABILITY. Educational incentives shall not be paid
14
for education received on City time. The education,
15
incentive will be removed if the employee is promoted to a,
16
Position which does not entitle employees to such
incentives.
17
18
F.
TUITION AND BOORS. If an employee holds a position which
19
does not qualify him for incentive pay, the employee will be
20
eligible to receive payment for 50% of tuition and books for
21
approved job - related courses upon satisfactory completion of
22
same with a grade of "C" or better.
23
G.
NEW-EMPLOYEES. The basic benefit for officers hired on or
24
after July 1, 1981, shall be a five percent step increase
25
for a period of one fiscal year if during the previous
26
fiscal year the officer has successfully completed -- i.e.,
27
grades of "C" or better in all courses -- a minimum of nine
28
semester units of college level classroom work, or
21
L.J
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
z
23
24
2,1
2E
2j
2i
a
•
City- approved equivalent, approved by the Chief of Police,
provided that this benefit shall be payable only for
classroom work done after completion of the probationary
period.
22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22'
23
24
25
26
27
28
• i
ARTICLE 16
UNIFORM ALLOWANCE
16.1 Each employee required to wear a uniform shall receive .
an annual uniform allowance as provided below and is
expected to purchase and maintain in good repair all
required uniform pieces.
16.2 The uniform allowance shall be:
1 July 1988 $600.00
1 July 1991 $700.00
This shall be issued to the employee each July in a
lump sum payment on a separate check exclusive of any
taxes or other withholding unless specifically required
by federal or state law.
If an employee is off duty for more than three (3) pay
periods, the following July's allowance should be
reduced by the appropriate prorated amount.
16.3 Sworn employees not required to wear a uniform shall
receive an allowance of $300.00 annually in the same
method as above.
23
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2
3
4
5
6
7
8
9
10
11
12
13
i 14
15
16
17
18
19
20
21
22
23
24
25
26
is 27
28
C f
HEALTH CARE INSURANCE
17.1 City agrees to provide a monthly contribution towards
medical, dental, vision and life insurance for each
regular full -time employee covered by this agreement as
follows:
July 1, 1988 - November 30, 1988 $284.13
December 1, 1988 - November 30, 1990 $300.00
December 1, 1990 - November 30, 1992 $325.00
December 1, 1988 - June 30, 1993 $350.00
17.2 Employees must cover self only and dependent coverage is
optional. Employee shall pay any additional premium costs
through pay roll deductions. The City shall not be held
liable for benefit plan changes or cost changes initiated
by a carrier. City agrees to insure that at least one
group medical plan is offered to all employees.
17.3 City shall pay to each full -time regular employee in the
month of December but prior to Christmas, an annual lump
sum payment (subject to appropriate state and federal
taxation) for the difference between the monthly City
contribution provided for in 17.1 above or the prorated
share for less than full -time employees and any lessor sum
expended by the employee for medical, dental, vision and
life insurance coverage for the period of January 1
through December 31.
17.4 The Association shall actively participate in the Medical
Plan Review Committee. Such committee shall review
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medical plans and may recommend alternative medical plans
including those offered by PERS. Should the Medical
Review Committee recommend, during the course of this
agreement, that a PERS medical plan be implemented asalary
reduction plan shall be implemented and benefit funding
shall be converted to salary.
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ARTICLE 18
RETIREMENT
18.1 The City agrees to provide the Public Employees'
Retirement System's 2% at age 50 plan to all sworn
personnel and 2% at age 60 for all non -sworn personnel.
The 2% at age 50 plan includes four amendments, namely,
Post Retirement Survivor Allowance, the 1959 Survivor's
Benefit, age 50 voluntary retirement, and one -year final
compensation (except all employees hired as sworn officers
on or after 1 July 1987 shall have their final
compensation for retirement purposes figured on their
highest three (3) years) and conversion of unused sick
leave credit to additional retirement credit. The 2% at
60 plan hac three amendments, 1959 Survivor's Benefit, one
year final compensation, and conversion of unused sick
leave to additional retirement credit.
18.2 In addition to the employer contribution paid by the City,
the City will pay the employee's contribution to P.E.R.S.
to a maximi:m of 9% for sworn personnel and 7% for
non -sworn personnel.
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ARTICLE 19
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RETIREE'S MEDICAL INSURANCE
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19.1 Employees covered.by this Agreement who meet all of the
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conditions set forth below, are eligible to participate
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in the group medical coverage provided by the City.
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Such coverage shall be at the group rate and shall be
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paid totally by the employee. The qualifying
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conditions are:
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(a) The employee must retire from City service., apply
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for and actually receive retirement benefits
through the City's retirement system.
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(b) The employee must be at least 50 years of age.
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(c) The employee must have at least ten (10) years of
service with the City..
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(d) The employee may have dependent coverage only for
those dependents covered for the last year of
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employment with the City.
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(e) All employee and dependent coverage will cease
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upon the death of the employee or upon the
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employee reaching age 65.
19.2 This benefit only applies to employees who retire
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during the term of this Agreement. This benefit shall
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continue beyond June 30, 1993, if, and only if, there
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is mutual agreement of the parties to continue such
benefit.
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ARTICLE 20
HOLIDAYS
For all employees, holiday leave shall be accrued as earned each
payroll period at a rate of 8 hours per month. The following
days of each year are designated holidays for non -shift
employees:
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
December 25 - Christmas
Employee's Birthday
One -half day before Christmas
One -half day before New Year's
- 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.
- Except with the prior written approval of the Chief,
non -shift personnel shall take the holidays as scheduled
above.
- If the department is unable to allow shift employees to take
holiday leave, the Chief may approve payoff of holiday leave
on a straight.time basis. The payoff may occur once
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2 Chief.
3 - Employees may accrue a maximum of holiday time not to exceed
4 their annual rate.
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ARTICLE 21
VACATION
21.1 Vacation shall be accrued and used as provided in section
2.36.440 of the San Luis Obispo Municipal Code.
"Each incumbent of a forty- hour -a -week line -item
position shall accrue vacation leave with pay at the
rate of twelve days per year of continuance service
since the benefit date for the first five years,
fifteen days per year upon completion of five years,
eighteen days per year upon completion of ten years,
and twenty days upon completion of twenty years.
Employees scheduled for more than forty hours a week
shall. receive the equivalent number of vacation days
prorated to the number of regularly scheduled work.
hours."
21.2 All employees may accrue a maximum of vacation time not to
exceed twice their annual rate.
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ARTICLE 22
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal
Code. An employee may take up to two days per year of sick
leave if required to be away from the job to personally care for
a member of his /her immediate family as defined in Section
2.36.420 of the San Luis Obispo Municipal Code. This may be
extended to five days per year if the family member is part of
the employee's household, and to seven days if a.household
member is hospitalized and the employee submits written
verification of such hospitalization.
Upon termination of employment by death or retirement, a
percentage of the dollar value of the employee's accumulated
sick leave will be paid to the employee, or the designated
beneficiary or beneficiaries according to the following
schedule:
a. Death - 25%
b. Retirement and actual commencement of PERS benefits:
1. After ten years of continuous employment - 10%
2. After twenty years of continuous employment 15%
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ARTICLE 23
BEREAVEMENT LEAVE
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, grandparent, or any other relative
living in the same household, provided such leave as defined in
this section shall not exceed five (5) working days for each
incident. The employee may be required to submit proof of
relative's death before being granted sick leave pay. False
information given concerning the death of relationship shall be
cause for discharge.
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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 90 business days of such disability absence.
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ARTICLE 25
GENERAL PROVISIONS
24.1 Payday
Paychecks will be disbursed on a bi- weekly schedule.
Payday will be every other Thursday. This disbursement
schedule is predicated upon normal working conditions and
is subject to adjustment for cause beyond the City's
control.
24.2 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.
24.3 Salary Survey Agencies
For the purposes of external comparisons the agencies to
be used for review of compensation shall be the same
survey agencies as the City uses for other city
employees. Parties agree that this survey shall be based
on total compensation and shall only be one of the
considerations used to determine compensation.
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ARTICLE 26
POLICY AND PROCEDURE COMMITTEE
A committee including three (3) Association member(s), two (2)
departmental management and the Personnel Director shall explore
and reconcile overlapping and conflicting policies and make
recommendations to the Police Chief. The Police Chief will
consider any recommendations of the committee; however, the
parties recognize and agree that the Police Chief has the
authority to set policy.
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ARTICLE 27
WORKING CONDITIONS
Place of Residence
An officer's place of residence shall be within a forty (40)
minute driving radius from San Luis Obispo proper.
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ARTICLE 28
9
For purposes of uniformity in the performance evaluation
process, the following definitions, developed by the Performance
Appraisal Committee in June 1983, are provided:
UNACCEPTABLE
Consistently fails to meet performance standards and objectives
for position. Performance indicates serious lack of knowledge
of basic skills or lack of application of skills. Requires
immediate attention and.improvement.
IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent
employee for the position. Performance indicates some
deficiency in basic skill, knowledge or application. Specific:.
efforts to improve desired.
MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to
expected standards. Performance indicates fully acceptable
demonstration of knowledge and skills.
EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position.
Performance indicates superior knowledge and application of
skills.
OUTSTANDING
Exceptional performance. Application of knowledge, skills and
results are consistently well beyond the expected standard for
position.
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ARTICLE 29
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation,
misinterpretation or misapplication of the personnel rules and
regulations or of any Memorandum of Understanding; excluding
disciplinary matters, or other matters as fall within the scope
of representation. Each grievance shall be handled in the
following manner:
A. The employee who is dissatisfied with the response of the
immediate supervisor shall discuss the grievance with the
supervisor's immediate superior. The employee shall have
the right to choose a representative to accompany him /her at
each step of the process. If the matter can be resolved at
that level to the satisfaction of the employee, the
grievance shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit
the grievance in writing to the department head for
consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or
agreement said to be violated, and the proposed remedy.
This action must take place within fifteen (15) business
days of the occurrence of the grievance. The department
head shall promptly consider the grievance and render a
decision in writing within fifteen (15) business days of
receiving the written grievance. If the employee accepts
the department head's decision, the grievance shall be
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considered terminated.
C. If the employee is dissatisfied with the department head's
decision, the employee may immediately submit the grievance
in writing to the Personnel Director within five (5)
business days of receiving.the department head's decision.
The Personnel Director shall confer with the employee and
the department head and any other interested parties, and
shall conduct such other investigations as may be advisable.
D. The results or findings of such conferences and
investigations shall be submitted to the City Administrative
Officer in writing within fifteen (15) business days of
receiving the employee's written request. The City
Administrative Officer will meet with the employee if the.
employee so desires before rendering a decision with respect
to the complaint. The City Administrative Officer's
decision shall be in writing and given the employee within
fifteen (15) business days of receiving the Personnel
Director's results and findings. Such decision shall be
final unless employee desires the Personnel Board to review
the decision. If such is the case, the employee will have
five (5) business days following receipt of the City
Administrative Officer's decision to submit a written
request to the Personnel Board through the Personnel
Director for a review of the decision. The Personnel Board
within thirty (30) business days shall review the record and
either (1) issue an advisory opinion to the City
Administrative officer; or (2) conduct a hearing on the
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matter. If a hearing is held, an advisory opinion shall be
rendered by the Board within ten .(10) business days of the
close of such hearing. If an opinion signed.by at least
three (3) members of the Personnel Board recommends
overruling or modifying the City Administrative Officer's
decision, the City Administrative Officer shall comply or
appeal this recommendation to the City Council.. Such appeal
shall be filed with the City Clerk within three (3) business
days of the Board's action. If appealed, the City Council
shall review the case on the record and render a final
decision within fifteen (15) business days of submittal.
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ARTICLE 30
LAYOFFS
The parties agree that Rule 2.36.280 shall be revised to give
employees who are laid off pursuant to Rule 2.36.280
reemployment rights that will require their rehire prior to the
employment of individuals on an open or promotion list. The
employee to be rehired, must, at the time of rehire, meet the
minimum qualifications as stated in the appropriate class
specifications. Employees will be rehired on the basis of last
out, first in.
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ARTICLE 31
WORK ACTIONS
Participation by an employee in a strike or a concerted work
stoppage is unlawful and shall terminate the employment
relation. Provided however that nothing herein shall be so
constru ed as to affect the right of any employee to abandon or
to resign his employment.
(a) Employee organizations shall not hinder, delay,
interfere, or coerce employees of the City in their
peaceful performance of City services by strike,
concerted work stoppage, cessation of work, slow -down,
sit -down, stay -away, or unlawful picketing.
(b) In the event that there occurs any strike, concerted
work stoppage, or any other form of interference with
or limitation of the peaceful performance of City
services prohibited by this Article the City, in
addition to any other lawful remedies or disciplinary
actions, may by the action of the Municipal Employee
Relations Officer cancel any or all payroll deductions,
prohibit the use of bulletin boards, prohibit the use
of City facilities, and withdraw recognition of the
employee organization or organizations participating in
such actions.
(c) Employee members of any employee organization shall not
be locked out or prevented by management officials from
performing their assigned duties when such employees
are willing and able to perform such duties in the
customary manner and at a reasonable level of
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I efficiency.
2 Any decision made under the provisions of the Section may be
3 appealed to the City Council by filing a written Notice of
4 Appeal with the City Clerk, accompanied by a complete statement
5 setting forth all of the facts upon which the appeal is based.
6 Such.Notice of Appeal must be filed within ten (10) working days
7 after the affected employee organization first received notice
8 of the decision upon which the complaint is based, or it will be
9 considered closed and not subject to any other appeal.
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ARTICLE 32
FULL AGREEMENT
It is understood this Agreement represents a complete and final
understanding on all negotiable issues between the City and the
Association. This Agreement supersedes all previous Memoranda
of Understanding or Memoranda of Agreement between the City and
the Association except as specifically referred to in this
Agreement. The parties, for the term of this Agreement,
voluntarily and unqualifiedly agree to waive the obligation to
negotiate with respect to any practice, subject or matter not
specifically referred to or covered in this Agreement even
though such practice, subject or matter may not have been within
the knowledge of the parties at the time this Agreement was
negotiated and signed. In the event any new practice or subject
matter arises during the term of this Agreement and an action is
proposed by the City, the Association will be afforded notice
and shall have the right to meet and confer upon request.
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ARTICLE 33
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by
operation of law or by any court of competent jurisdiction, or
if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement
shall not be affected thereby, and the parties shall enter into
a meet and confer session for the sole purpose of arriving at a
mutually satisfactory replacement for such provision within a
thirty (30) day work period. If no agreement has been reached,
the parties agree to invoke the provision of impasse. under
Section 13 of City Resolution No. 3405 (1977 Series).
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ARTICLE 34
r9�:i2Pk,j *P
34.1 If the CPI -U for the Los Angeles /Long Beach area published
in May, 1991 reflects an annual cost of living increase
greater than ten (10 %) percent for the preceding twelve
(12) month period, then the City and Association shall
reopen negotiations on salary only to address this issue
prior to the July, 1991 salary increase being implemented.
34.2 If during the term of this agreement, the employee's
contribution to P.E.R.S. increases above the amounts
specified in Article 18.2, the City and Association shall
reopen negotiations on this issue.
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ARTICLE 35
RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party
wishes to make changes to this Agreement, that party shall serve
upon the other, its written request to negotiate, as well as its
initial proposals for an amended Agreement. Such notice and
proposals must be submitted to the other party between 15 April
and 1 May. If notice is properly and timely given, negotiations
shall commence no later than 15 May.
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ARTICLE 36
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1988 and
shall continue in full force and effect until expiration at
midnight, June 30, 1993,
SIGNATURES
1. Classification covered by this Agreement and included within
this unit are shown in Appendix "A ".
2. This Agreement does not apply to Temporary Employees or
Part -time Employees.
This Agreement was executed on September 12, 1988 by the
following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
a . a&,
Steve Schinnerer, City Consultant Paul A. Bechely, PORAC
Ann Crossey, Personas Director 'Gary Nemeth, President, SLOPOA
Toby Ross, Asst. C.A.O. Frank Goodwin SLOPOA
Gardiner, Chief of Police Tim Hedges, OA
Darrell Klasey, LOPOAII
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0 9
APPENDIX. A
CLASSIFICATION
Non -Sworn
Communications Technician I
Communications Technician II
Crime Prevention Coordinator
Evidence Technician
Field Service Technician
Parking Enforcement Officer
Police Cadet
Sworn
Police Officer
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b
RESOLUTION NO. 6503 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A NEW FIRE DEPARTMENT PARAMEDIC SERVICE
POLICY AND APPROPRIATING $23,924 FROM THE GENERAL FUND.
WHEREAS, the City Fire Department has been providing advanced life support service at
the EMT -II level since 1982; and
WHEREAS, The advanced life support service level has been increased to allow a
paramedic level by the Board of Supervisors; and
WHEREAS, the citizens of San Luis Obispo will significantly benefit from the increased
emergency medical services; and
WHEREAS, a dedicated city paramedic service level can be provided by the Fire
Department at a reasonable cost; and
WHEREAS, there are sufficient general funds available to appropriate the $23,924 cost
increase;
NOW, THEREFORE, the City Council resolves that it rescinds the Fire Department
EMT -II program policy and establishes a new Fire Department EMT- Paramedic policy
(Exhibit #1) and appropriates $23,924 from the General Fund.
On motion of Councilman Settle
seconded by Councilman ,.Reiss
the following roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of September,
1988.
YOR RON DUNIN
ATTEST:
V
Pam Vo ies, City C I& k
R6503
5
a +
Resolution No. 6503 (1988 Series)
Page two
APPROVED:
ity Ad m nistrative Officer
Fire Chief
6le
: n
RESOLUTION NO. 6502 (1988 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE ARCHITECTURAL REVIEW COMMISSION
(ARC 88 -87)
WHEREAS, the Architectural Review Commission considered the application by Knecht's
Plumbing for a new commercial building at 60 Zaca Lane, and continued the request with
direction in accordance with the city's architectural review procedures and guidelines;
and
WHEREAS, the applicant has appealed the continuance to the council; and
WHEREAS, the council has considered the testimony and statements of the applicant,
the project plans, the record of the Architectural Review Commission's action, and the
evaluation and recommendation of staff;
NOW, THEREFORE, the council resolves to deny the appeal and refer the application to
the Architectural Review Commission for further consideration.
On motion of ..Council.man..$ettle.. , seconded by .Councilwoman..Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 20thday of September, 1.988.
Mayor Ron Dunin
ATT T: r
` V
City Clerk Pam Vo s
APPROVED:
...y ;Adinisirativee .I ....................
Cit Officer
City Atto ey
.......................... I ............
Community Development Director
R6502
rho
RESOLUTION No. 6501
0
(1988 SERIES)
9 • • • •' 1 t•'i -4 • Y I M •
• • • 1 H7•. 17!. • 1 Y
:171 171 • • • M71LN • /• /• H3 1M • 71'.. • 1 171
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. The following open -range Management Personnel Schedule
(Table "A11) for fiscal year 1988 -89 is authorized.
MAMOMU SALARY Sl_FM= - FISCAL - YEAR 1988 -1989
G Management Positions Salary Rancre 1988/89
A Public Works Director 41664 - 51512
Camau i ty Develcpment Director
Assistant CAD
Fire Chief
Police Chief
B City Engineer 41134 - 41982
Utilities Director
Finance Director
C Personnel Director 3,604.- 41452
Recreation Director
D Assistant City Attorney 31604 - 41240
E Assistant to the CAO 21544 - 31392
Section 5. ADD: Effective December 1, 1988, the City shall
contribute $300.00 a month for medical, dental and vision and life
coverage.
Section 6. ADD: Total salary increases for all employees in groups A
through E commencing July 1, 1988 shall not exceed 6% of current
compensation for the group of positions, with specific increases for
individual positions to be determined by the City Administrative Officer.
R6501
Resolution No. 6501 (1988 Series)
Page 2
Exhibit A, Section E. ADD: Effective July 11 .1988, the City
Administrative Officer may authorize an increase of up to 3 days annual
accrual of vacation leave during a management employee's first two years
of employment.
On motion Of Councilman Settle seconded
by Councilwoman Rappa ,
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of
September, 1988.
AI ES :
Cit Clerk, Pamela oges
a.
Mayor Ron Dunin
Resolution No. 6501 (1988 Series)
Page 3
Persmmel Director
c
RESOLUTION NO. 6500 (1988 SERIFS)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO AMENDING RESOLUTION NO. 6169 BY
ADJUSTING THE SALARY RANGES, :SALARIES AND HEAM
BENEFIT FUNDING OF CER= APPOINTED OFFICIALS
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. The following open - range Appointed Officials Salary
Schedule (Table "A") for fiscal year 1988 -89 is authorized.
TABLE W
APPOINTED OFFICIALS SALARY SCHEDULE - FISCAL YEAR 1988 -1989
G1rou� Appointed Official Positions Salary Range 1988/89
I City Administrative Officer 5,194 - 61572
II City Attorney 41664 - 51936
III City Clerk 31074 - 41240
Section 5. ADD: Effective December 1, 1988, the City shall
contribute $300.00 a month for medical, dental and vision and life
coverage.
Section 6. ADD: Total salary increases for all employees in groups I
through III commencing July 1, 1988 shall not exceed 6% of current
c ompensation for the group of positions, with specific increases for
individual positions to be determined by the City Council.
R6500
r
r
Resolution No. 6500
Page 2
On motion Of Councilman Settle seconsded.
by Councilwoman Rappa ,
and on the following roll call vote:
(1988 Series)
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and,Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of
September, 1988.
Mayor Ron Damn
AT EST:
uv�
City erk, Pamela V
City Adanistrative Officer
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