HomeMy WebLinkAbout6600-6624RESOLUTION NO. 6624 (1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION DENYING AN EXCEPTION TO ALLOW A NON CONFORMING FREE -
STANDING ILLUMINATED AND ROTATING POLE SIGN FOR CARPENTER'S
REXALL AT 717 MARSH STREET (SA -4040)
WHEREAS, the applicant requested an exception to allow a non- conforming freestanding
illuminated and rotating pole sign for Carpenter's Rexall at the above address; and
WHEREAS, the Architectural Review Commission reviewed the request at its March 13,
1989, meeting and denied the exception for the pole sign based on the following four
findings:
1. There are no exceptional circumstances which would justify exceptions to the Sign
Regulations limiting size and type in the Central- Commercial (C -C) zone.
2. The sign is not a neighborhood landmark or focal point and does not contain any
significant cultural, historical, architectural, or artistic characteristics.
3. The sign is disruptive to some views of community landscape features.
4. The current sign regulations do not limit the applicant's ability to adequately
identify or advertise his business equitably with other businesses in the area. A
wall sign was previously .approved for the site.
WHEREAS, on March 14, 1989, Mr. James Jones appealed the Architectural Review
Commission's action to the City Council; and
WHEREAS, on June 6, 1989, the City Council conducted a duly noticed public hearing
to consider the testimony of the appellant and other interested parties;
NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and
approves the freestanding illuminated rotating pole sign based on the following findings
and condition:
Findings:
1. The freestanding sign contributes to the community as a neighborhood landmark or
focal point.
2. The freestanding sign is compatible and in character with other signs in the area.
6624
Resolution No. 6624 (1989 Series)
SA -4040
Page 2
Condition:
The freestanding, illuminated, rotating pole sign shall be removed from the site at
the time the business ownership changes_ or the property ownership changes, whichever
occurs first.
On motion of Councilmember Pinard seconded by - Councilmember Settle , and
on the following roll call vote:
AYES: Councilmembers Pinard, Settle, and Mayor Dunin
NOES: Councilmembers Rappa and Reiss
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of June 1989.
Mayor R unin .mac
AT,
City Jerk Pam Vog s
APPROVED:
Community Development Director
RESOLUTION NO. 6623 (1989 SERIES)
A RESOLUTION OF THE.COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING THE
CITY ADMINISTRATIVE OFFICER TO ENTER INTO A CONTRACT
FOR TREATMENT TO REMOVE TETRACHLOROETHYLENE
FROM THE AUTO PARKWAY GROUNDWATER BASIN
WHEREAS, the City of San Luis Obispo is in the process of
developing additional groundwater water supplies; and
WHEREAS, the laboratory analysis have found levels of
tetrachloroethylene above the State maximum contaminate levels; and
WHEREAS, tetrachloroethylene is classified as a know or
probable human carcinogen by the Environmental Protection Agency
(EPA); and
WHEREAS, the technology exist to effectively remove
tetrachloroethylene from contaminated water;
NOW, THEREFORE, BE IT RESOLVED that the Council authorizes
the City Administrative Officer to enter into a contract for the
treatment and removal of Tetrachloroethylene from the Auto Parkway
groundwater basin, in an amount not to exceed $250,000.
On motion of Councilmember Settle seconded by Councilmember Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the following resolution was passed this 6th day of June
1989.
MAYOR RON DUNIN
ATTE
CI7 CLERK PAMELA G
6623
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Resolution No. 6623
Approved:
City Administrative Officer
Utilities Director
ALLA Jd J
Water Division Manager
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Series
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RESOLUTION No. 6622 (1 gag Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OB_IS_PO
APPROVING PLANS AND SPECIFICATIONS,
AUTHORIZING STAFF TO ADVERTISE FOR BIDS
AND AUTHORIZING CAO TO AWARD CONTRACT TO SUCCESSFUL BIDDER
WHEBREAS,.funds for replacement of a water main in Monterey Street, between
Garfield and the Motel Inn, are included in the 1987 -89 Capital Replacement
Plan; and
WHEREAS, the project is categorically exempt from an EIR, and is not of
sensitive or exceptional community interest;
NOW THEREFORE BE IT RESOLVED, that the City Council hereby approves the
Plans and Specifications for City.Plan No. N -22P, "Water Main Reconstruction
Project: Monterey Street - Garfield Street to Motel Inn "; directs staff to
advertise for bids; and authorizes the CAO to award the contract to the low
bidder if bids are below the Engineer's Estimate.
On motion of Councilmember Settle seconded by Councilmember 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 6th day of
June.- 1.989.
i
OR Ron Dun in
ATTEST:
CITY C Pam Voge
AFPROVED:
City _&¢ministrati -e Officer
.City ineer
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by
6622.
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RESOLUTION NO, 6621 (1989 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: Storm Drain Improvement Project: Higuera St. & Santa Rosa St
and Waterline and Sewerli_ne Projects: Higuera St. - Osos to
Santa Rosa
CITY PLAN NO_:. N -10E, N -53P & N -54R
ESTIMATE: $468,420.00 FUND NO.: 040, 050, 052
BIDDER: Madonna Construction Co. BID AMOUNT: $437,252.00
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 - Mayorj.Dunin seconded
by Councilwoman Rappa and on the following roll call voter
AYES: Mayor Dunin, Councilmembers- Rappa, Pinard and .Settle.
NOES: Councilman Reiss '
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of
June 1989.
'rMAYOR Ron Dunin
ATTES d
CI -Ty dLERX Pam V es
APPROVIM!
gh8 /n10eaward
6621
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CITY OF SAN MIS OBIM
RESOIIFFICN NO. 6620 (1989 SERIES)
A RESOIDTION OF MM CITY OF SAN = OBISPO
ESTABLISHING M FRAMEWORK FOR FUMRE REIMICNS
BETWEEN THE CITY OF SAN MIS OBISPO, AS AN
EMPMYER; AND ITS MMDYEES, AND SUPERSEDING
RESOMTIbN NO. 3405 (1977 SERIES).
6620
TABLE OF CONTENTS
SECTION
PAGE
1
TITU OF RESOLUTION
1
2
STATEMENT OF PLUUKM
1
3
-DESIGNATION OF MlJNICIPAL.EMPj-oYEE,ja=CNS OFFICER
1
4
DEFINITIONS
1
5
EMPWYEE RIGHTS
5
6
CITY RIGHTS
6
7
MEET AND CONFER IN GOOD FAIM - SCOPE
6
8
amsum=aa.im GOOD FAITH: - scopE
7
9
ADVANCE NOTICE
7
10
PETITION FOR RECOGNTTICN
8
u
APPROPRIATE UNIT
11
12
RECOGNITION OF EMPL= ORGANIZATIONS AS MAJORITY
12
FORMAL RECOGNITION
13.1
RESOLUTION OF IMPASSES
14
13.2
REACHING AGREEMENT
15
14.1
GRIEVANCES
22
14.2
DISCIPLINE ACTION- APPEAL
24
15
NEMMLAIMM OF AGREEMENT
24
16
EMPLOYEE REPRMEN7ATICN AT MEET AND CONFER
25
17
ACCESS TO WORK STATIONS
25
18
USE OF CITY FACrLTTIES
26
19
BULTZTIN BOARDS
26
20
DUES CHECK OFF
27
21
PEACEFUL PER MZQNCE OF CITY SERVICES
27
22
RULES AND REGUTATIONS
29
23
CO9S7WCTICN
29
24
SEPARABILITY
29
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. T= OF RINOILITION
This Resolution shall be known as the Employer-Employee Relations
Resolution of the City of San Luis Obispo.
I yo v UWIWOIKS)
The Purpose Of this RBSOlutim is to implement Chapter 10, Division 41
Title 1, of -the Government Code of the State Of California - (Sections 3500 et
seq.) caption "Public Employee Organizations,!' by providing orderly
Procedures for the administration of employer - employee -relations between
the City and its employee organizations and for resolving disputes
regarding wages, hours, and other terms and cmiditions of employment.
SECTION 3. DESIGNATION OF NLMCIPAL EMPLOYEE RELATIONS OFFICER
The City Council hereby designates the City Administrative Officer as
the Municipal Employee Relations Officer who shall be the City's principal
representative sentative . in all matters of employer-employee relations, with
authority to meet and confer in good faith on matters within the scope of
representati ,on. including wages, hours and other terms and =kUtions of
employment.
The Mudcipal Employee Relations Officer so designated is authorized
to delegate these duties and responsibilities.
As used in this Resolution, the following terms shall have the
meanings indicated:
A. Appropriate. unit w- means a unit of employee classes or positions
established pursuant to Section 11 of this Resolution, citing factors
to be considered in making such determination.
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B. Citv -means the City of San Luis Obispo, a municipal corporation, and
where in ate herein, "City" refers to the City Cmnicil, the
governing body of said City, or any duly authorized management employee
as herein defined.
Consult or:r _ Cbnsultati.on _ in Good Faith . - , means _to commtlh cafe .verbally
or in wr ting.for the purpose of presenting . and obtaining views or
advising of intended actions.
D.- EmeYgencv
- moans emergency conditions such as: extraordinary fire,
flood; or. ea dxpake,:public calamity, or catastrophe: which threatens
life or property.
E. _Eumloyee —means any person filling a line -item position in. the City
budget- except those persons elected by popular vote.
F. Employee. Confidential - means an employee. who is privy to decisions of
City management affecting a player- employee relations.
G. Employee.. Management - 'means:
(1) Any employee having significant responsibilities in formulating
and aam;nister`ing City policies and programs,, including but not
limited to the chief executive officer and department heads; and
(2) Any employee having.authority to. exercise. independent judgement to
hire, transfer, suspend, lay -off, recall: promote, discharge,
assign, reward, or discipline other employees, or having the
responsibility to direct :then, or...to adjust their. grievances, or
effectively to reommend such action if in connection with the
foregoing; the exercise of which authority,is not of a merely
routine or clerical nature, but requires the use of independent
jam•
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H. Employee. Professional - means employees engaged in work requiring
specialized knowledge and skills attained through completion of a
recognized course of instruction, including, but not limited to,
attorneys, engineers and architects.
Emnlovee::Omanization - _means any,, oxlgrc iMzat cm::which..31 dudes. ftloyees:
of the City and which has as. one of its - primary. purposes representing
such, employees: in, their: employment relations with-the City.
J. Eawlover-Employee Relations- means the relationship between the City
and its employees and. their
employee organization, or when used in a
general sense, the relationship between City management and employees
or employee organizations.
K.. Grievance as•this -tezm LiS. defined ,in section 14.,(A).
means:
(1) a deadlock in the discussions between a majority, representative
and the .City ;over any s matters concerning which i they are required
to meet and confer in good faith, or over the scope of such
subject matter,,and.dfferences that remain are so substantial and
prolonged that further. _
meeting arui conferring would be futile: or
(2) any unresolved.oampl.aint by an. affected- ,employee organization
advanced in good faith, concerning a decision of the Municipal
Employee Relations Officer made pursuant to gections.10,.11, or 12
of this Resolution.
M. Majority Representative - means an employee organization, or its duly
authorized representative, that has been granted - formal recognition by
the Municipal Employee Relations Officer as representing the .majority
of employees in an appropriate unit.
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N. Mediation or Conciliation - means the efforts of an impartial third
per, or pins, motioning as ' I aries, to assist the
parties in reaching a voluntary resolution to an impasse, through
interpretation, suggestion and advice. .Mediation and conciliation are
_. interchangeable.; terms.... All.; such. proceedings., shall be private and the..
.. mediator - shall. make no public recommendations_nor.take any public
: °• position cortoerning the issues.
O. Meet and Confer, in Good Faith (sa etimes - referred to. herein as "meet
---and confer" or, „meeting and conferring")•- means performance by duly
authorized. City representatives and duly authorized.repressentatives of
an employee, organization recognized as-.the` major ty representative of
their mutual: obligation, to -meet .at reasonable times and .to discuss in
good faith matters within the scope of-representation including tinges,
hours, and other terms and conditions of employment, in an effort to:
(1) reach agreement on those matters within the authority of such
representatives and
(2) reach agreement on what will be rimed to the-City Council on
those matters within the - decision making:: authority of the City
Council. This does not; require. either_ party. :to agree to a
P. Municipal Emol�Relations Officer - means the - City's principal
.. representative in all.matters of.employer- employee relations designated
pursuant to Section 12 of this Resolution, or a duly authorized
representative.
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Q. Peace Officer - shall mean and include those employees defined as peace
officers by the Penal Code.
R. Recognized Employee Organization - means an employee organization which
has. been - formally. acknowledged by the Mom cipal.Employee Relations
Offioe:as.•the.employee.cr organization : that< - represents :.e ployees,of the
City, as provided elsewhere in this Resolution.
S.;., Resolution -- means; unless - the, context: indicates'; otherwise; the
Employer - Employee'' Relations . Resolution of the • City .of San Luis Obispo.
T. Scope of Representation means all matters. relating to employment
conditions and employer - employee relations, including, but not limited
to, wages, hours and other terms and conditions of employment, city
Rights (Section 6) are excluded frcam the scape.of'. - -
representati.on. .
LJ. SIAFA - means, San Luis Obispo Firefighters'. Association.
V. SIAPOA = means; San Luis Obispo Police Officers' Association.
SECTION 5. EMPLOYEE RIGHTS
Eaiployees 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 tp, usages, hours and
other terms and =editions of employment. Employees of the City also shall
have the right to reftm 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 dicrrriminat�
against because of the exercise of these rights.
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0 0
SECTION 6. CITY RIC�YrS
Me.ricdt of the City include, but are not limited to, the exclusive
right to determine, the mission of its constituent departments
cxmmtissions
and boards; set standards.of service; determine the procedures and
standards of:.seleckion for employment.:and prarnotiont 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
govt operations; .determine.the methods,.•means..and personnel by .
which government: operations are to be.coiducted;, determine : the "content of
job classifications; take all necessary actions to carry.ent`its: mission in
a� *+�-; es; and exercise complete control and discretion over its
orga*+; ;ation and the technology of performing its work.
`1 • i� • e• �1' e••• •o'
A. The City, through its representatives, shall 'meet and confer in good
._faith with representatives of formally recognized employee
organizations with majority representation ,
rights regarding matters
within thie scope .of reputation including wages, hours and other
terms and conditions of employment .within..therappropriate unit.
B. 'the City shall not be required to meet and confer ~in:goocl faith on any
subject except as required by Federal or State law, nor shall it be
required to meet and confer in good faith.on Employee or City Rights as
defined in Sections 5 and 6.
C. With respect to the San Luis Obispo Police Officers Association
(SIDPLlA) and the San Luis Obispo Firefighters Association (sirm) only
and consistent with the Meyers- milias -Bm m Act, and the intent of the
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City and the Employee Organizations, meet-and-confer, mediation,
fact - finding and settlement panel discussions between the two parties or
their agents shall be confidential. It is permissible, within the intent
of confidentiality, for the representatives of the City to meet with the
..City Council.and.for the representatives of.the Employee organizations to
.meet with their.Board of Directors.or membership. It is.not.permissible
for,- representatives - of ;either the City or:the Employee.organizations to
dic�icc the content of the meet- arxi-oomfer, mediation, fact- finding or
settlement panel discussions, with members of the public or media except as
provided in this.MTl%w- Employee Resolution.
All matters affecting employer-employee relations, including those
that are not subject. to meeting. and conferring, are subject to
consultation. 4be City, through its representatives, shall consult in good
faith with representatives of all recognized employee organizations an
employes - employee relations matters which affect them.
SE=ON.9. ADVANCE NOTICE
Written notice shall be given to each recognized. employee organization
affected a minimum of 14 calendar .days 'prior,to:adoption,of any ordinance,
rule, or resolution or regulation directly relating to matters within the
scope of representation proposed to be adapted.by the City Council or by
any board or commission of the City, and each shall be given the
opportunity to meet with such body prior to adoption.
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In case of emergency, when the City or any board or commission of the
City determines that an ordinance; rule; resolution or regulation must be
adopted ;;ately without prior .notice or meeting with a recognized
:employee organization, the City .small provide such notice acid opportunity
to.Meet at tine earliest. practicable time (within 30 days) following the
adoption of such ordinance, rule, resolution or.-regulation.
SECTION 10. PETITION FUR_RECOGNrITCN
There are two .(2) levels, of employee, organizatiom.:recognition - formal
and informal.- The recognition, requirements of each are set forth below.
A. _ FORL IMM2TITION the right to meet . and confer in good faith as
majority x , - -+�±±tative: An employee organization that seeks formal
recognition for purposes �of meeting. and oenferring.in good. faith as the
majority representative of employees in an, appropriate unit shall -file
a petition with the Municipal Employee Relations officer containing the
following information and documentation:
(1) Name and address of the employee organization.
(2) Names and titles of its officers.
(3) Names of employee organization:reprewntatives.who are authorized
to speak on behalf of-its members.
(4) A statement that the employee organization has, as one of its
relations with the City.
(5) A statement whether the, employee organization is a chapter or
local of, or affiliated directly or indirectly in any marmer with,
a regional or state, or national or international organization,
and, if so, the names and address of each such regional, state or
international organization.
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(6) Certified copies of the employee organization's constitution and
by -laws.
(7) A- designation of those persons, not e3o3eeding two in number, and
their- addresses,. to whom notice will be hand delivered or sent by
regular .U.S..Mail will be dew sufficient notice on the
employee organization for any purpose.
(8)_ -A statement that the employee.organization.recognizes that the
.provisions of Secticn.923 of..the Iabor.Code are not applicable to
City employees.
(9) A statement that the employee organization has no restriction on
membership based an race, color, creed, sex or national origin.
-(l0).- Zhe job classifications or titles. of..epployees in the unit
claimed to be appropriate and the number of member employees
therein classified by department, division, and job title.
(11) A statement that the.employee organizaticn.has in its possession
written proof, dated within six months of the date upon which the
Petition is filed, to establish that at least 30% of the
employees in the unit. claimed >to.be, appropriate have designated
the employee on;zation to represent them in their employment
relations with the City. Such written proof shall be submitted
for confirmation to the Municipal Employee. Relations Offioer or
to a mutually agreed upon disinterested third party.
(12) A request that the Municipal Employee Relations Officer recognize
the employee organization as the majority representative of the
employees in the unit claimed to be appropriate for the purpose
of mecum and conferring in good faith on all matters within the.
scope of representations.
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B. INFaFML IUXD(2=CN - the right to consult in good faith, An
employee organization that seeks recognition for purposes of
consultation in good faith shall file a petition with the mmicipal
I
-Relations Officer containing the followring,information and - --
Employee Mug ,
documm-rtaticn:
(1) All of the information enumerated in A. .(l) through (9) of
this - Section inclusive.
(2) A. statement thatthe employee organization has in its
possession written - proof , dated within - six months of the date
upon which the petition is tiled, to.establish that employees
have designated the employee organization to represent them in
their employment relations with the City. Such written proof
shall be submitted for confirmation to Municipal Employee
Relations Officer or to a wally agreed upon disinterested
third party.
(3) a request that the Nimicipal Employee Relations officer
recognize the employee organization for the purpose of
consultation in good faith.
C. 7hepetiticn, includiM.al-l-ac=npanyiM:docummits, shall'be
verified, under oath,. by the Executive Officer and Secretary of the
organization that the statements are true. All changes in such
information shall be filed forthwith in like manner.
D. No employee may be represented by more than one recognized
organization for the purposes of this Resolution.
SECTION 11. APPROPRIATE UNIT
A. The Nsmicipal Employee Relations officer, .after reviewing the petition
filed by an employee orpnIzation seeking formal recognition as
majority. representative ,. shall determine whether the proposed unit is
_..an appropriate unit. The principal criterion in making this
determination I is whether there is a cxmmamit of.interest among such
employees. Me following factors, among others,, are: to be considered
in
. making such determination:
(1) Gfuich unit will assure employees the fullest freedom in 'the
exercise of rights set forth under. this. Resolution.
(2) The history of employee relations: (i) in-the unit;
(ii) among other eaployees of the City; and (iii) similar
public employment.
(3) The effect of the unit on the efficient operation and
consistent with the Egan; national structure of the City and
e: 1 .• JI I• • - JI I• • - - - •I
(4) The extent to which employees have cMTMon skills, working
conditions, job - duties or similar educational. rem» *em*+*s.
(5) Me. effect on the existing classif-ication:.st-ructure of
division of a single classification among two or mere units.
B, In the establishment of appropriate units:
(1) professional employees shall not be denied the right to be
represented separately fz= nan- professional employees, and
(2) management and confidential employees who are included in the
same unit with nen-� ment or non - confidential employees
may not represent such employees on matters within the scope
of representation.
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(3) Representation units should consist of the broadest feasible
grouping of positions that share an identifiable community of
interest. Every effort should be made to minimize the
proliferation of units within the guidelines herein
established.
• ••� r• -�a••r. • • r• • •�-..• • r• •r
A. . Me.Mnicipal Employee Relations Officer shal1ioafter.designaticn of an
.appropriate unit, determine the majority representative of such
:employees in such unit. - such determination Shall :be. made either by
a* wrjin .for a secret ballot election or by any other reasonable
method which -is based upon written proof,. and is - designed to ascertain
the free choice of such employees.
(1) In the event an election is held, any employee organization
claiming: representation of, all or any part of the appropriate
unit shall be entitled to a place on the ballot.
(2) The employee organization found to represent a majority of the
employees in the•apprcpriate unit..shall.be formally
acknowledged as.the. recognized employees- organization by the
NtJnicipal Employee Relations Officer.
(3) In the event no employee organization receives a majority in
an election.,a runoff election ..will .be held between the top
two vote getters.
(4) The recognized employee organization, determined as provided
herein, is the only employee organization entitled to meet and
confer in good faith on matters within the scope of
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representation on behalf of employees in such unit. This
Shall not preclude other recognized employee organizations, or
individual employees, from consulting with management
representatives on employer - employee relations matters of
concern to them.
B. The recognition rights of the majority representative designated in
.. accordance with this section shall. not be subject to challenge for the
:longer term of either 12.mranths:fol-1ewing :the date of such recognition
Or during - term of any ramorandLm of understanding between such
organizations and the City.
C.. An -employee organization which desires to challenge the recognition
rights of -a recognized empleyee.crganizaticn shall submit written proof
that it represents at least 30% of the employees in the appropriate
unit. The Municipal Employee Relations Officer shall arrange for a
secret ballot election to. be conducted by the City Clerk. or other such
method normally used by the City to conduct an election. The choice of
Vino organization!' shall also be. included in the ballot. Employees
entitled to vote in such, "election. shall be those.perrscros regularly
employed -in permanent positions within the--unit moo - were employed
during the pay period immediately prior to the date which is fifteen .
days before the election, .including those who did not work during such
period because of illness, vacation, or authorized leaves of absence,
and who are employed by the City in the same unit on the date of the
election. An employee organization shall be granted formal recognition
following an election if the employee organization has received the
vote of a numerical majority of all the employees eligible to vote in
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the unit in which the election is held (50% plus 1 of the votes of all
eligible employees).
D. The Hz icipal Employee Relaticros officer shall withdraw the recognition
rights of any recognized employee organization.:which has .been. found by
.. . .. secret. ballot. election to no .longer represerrt .. a. majority . of the
employees in an appropriate unit.
SECTION. 13.1 RESO=CN OF IMPASSES. (except SLOPOA and ST -OFA)
Impasse procedures may be invoked only after the .possibility of
are as follows:
A. •A *?n'T'TON BY U CITY COUNCIL after a hearing an the merits
of the dispute.
B. Any other dispute resolving probes to which the parties
mutually agree or which the City Council may order. Any party may
initiate the. impasse procedure by filinng with the other party (or
parties) affected a written request for an impasse meeting together
with a statement of its position cn all disputed issues. An
=pas meeting shall .:.then.be...scheduled..to.be held in executive
session by the Ndmicipal Employee- Relations.Offioer forthwith after
the date of filing of the written request for such meeting; with
written notice to all parties affected. The purpose of such
_upasse meeting is twofold: (1) To permit a review of the
position of all parties in a final effort to reach agreement cn the
disputed issues, and (2) if agreement is not concluded, to mutually
select the specific impasse probe to which the dispute shall be
submitted; in the absence of agreement between the parties on this
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point, this matter shall be referred. to the City Council. The
fees and expenses, if any, of mediators or of any other impasse
procedure, shall be payable once -half by the City and one-half by
the - employee organization or employee organizations.
S=ON 13.2 REAMM AMZM= (only applies to SIDPoA and STOpA)
A. Statement of Intent
It is the intent that:
(1) Employee Organizations- and.: City.. Y q -r i c entatives -cxzply with the
State law (Meyers-Milias-Brown Act) regairing City and Employee
a
Crganization representatives to .11meet-and-canfer in good faith"
and to meet as necessary to present.respective positions, to
resolve differences and to reach agreement (Memorandum of
(2) The substance and progress of the meet-and-confer Process and
other resolution measures be = transmitted by City and Employee
Organization representatives to, respectively, the City Council
and the -Board of Directors and the medDership of the Employee
Organizations.
(3) Agreement be reached zthrough..the-meet-and-cbnfer,prbCeS�gj and that
other resolution measures be used only after giving every
0 8%10 q - 6000) a a C-j
• E = �
(4) Each successive stage of this process for reaching agreement be
given a full and honest opportunity to resolve differences and to
Produce agreement and, failing that, to reduce the socpe and
number of issues which would be referred on to the next stage, and
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further, that each successive stage only deal with Issues not
resolved by the meet-and-confer process or by earlier stages in
R t..1.1 7 1 -0
1 -
(5) - Agreement be, reached., in , the
-minimum time and.:ihat, time limits be
rigorcusl y adhered. to, except that. any time i i7ni t -in this
�
resolution may be extended by mutual =Lsezrt, in writing when the
...-..]prcspe't for; timely= agreement, would � be.: enhanced -by- such -an
extension.
(6) - The content and - suJostar&e of the meet_arjd;_;Confer process and other-
resolution measures ..remain private and - confidential; except as ;
. provided in this resolution.
B. Pagpest, for Mediation
Mediation may be requested only after the possibility Of settlement by
direct discussion has been exhausted. If so mediation may be requested
in either of two ways:
(1) By mutual agreement of both parties in the negotiaticns- Each
Party shall provide to the other a list of all points of
disagreement, and their position on, each. of the points. Meeting
shall then be scheduled prcaptly. with - the,,Mmplcyee Relations
Officer (City Administrative officer).
(2) By providing written Notice of Intent (,,Notice,,) to request
mediation. -Such notice shall include a list of all points of
disagreement and the amehtwnts proposed to resolve the
disagreements. The party receiving the Notice shall have one
10-day period to change its position on any points of
dicarrt. If notice of change is not received within the 10
days or if any issue(s) remains unresolved, a meeting shall then
be scheduled promptly with the Employee Relations Officer.
C. Meeting with Employee Relations Officer (ERD)
-(1) The ERO shall convene a meeting between the chief negotiator for
the employee ..m fan i zaticn, one other representative of . the
employee =1 ization, the SRO and. one- other' representative of the
City:
(A) To review the position'.of °the parties.in.•a final effort to
(B) If agreement is riot reached, to .make . arrangements for the
utilization of the mediation . proce�s provided herein.
D. Mediation
Following the meeting with ERO, only the disputed issues shall be
submitted to mediation. The mediator shall be selected from the State
Mediation and 0MIC111ati.on Service by mutual consent. All mediation
proceedings shall be private and confidential and the mediator shall
make no public reommmendation nor take any public position at any time
concerning the issue.. Any _fees or e xpenses: of mediation shall be
payable one -half by City .. and :one - half :by:the:eiOlcyee- orgahizati.on.
All other expenses shall be borne by the party incurring the expenses.
E. Terminating Mediation
1., After no less than 10 days, mediation may be terminated only wheys
at least two of the following agree in writing that there is no
reasonable prospect of reaching a settlement through the mediation
(A) Chief negotiator of the employee organization
(B) Chief negotiator for the City
(C) Mediator
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2. Mediation shall be terminated if agreement has not been reached in
30 days.
3. At the terminatiai of mediation, the mediator shall submit a
written report of the mediation, to the parties for use by the
Fact-finder.
F. Fact-Finding
1. � If mediation fails to,resolve any issues, , -then. only those
unresolved issues shal I .1et referred. tO"faLG+-rfindiM. It A list of
. . I five potential- Fact-finders shall I be obtained from - the state
Mediation. and Conciliation Service. Men :following A. randcm
determination of ;diidh party begins,, -parties. shall alternately
strike one name from the list until,only one remains.
2. Each party shall submit in writing its position on each unresolved
issue and its last offer of settlement seventy-two hours prior to
camnencing Fact-finding.• After dueoonsideration, -the Fact-finder
shall, select the position of one party on each issue using factors
traditionally taken into consideration in determination of- wages,
hours and other terms: and- ccnditions, of employment in the public
sector -including but not.linited.toi
A. State and Federal laws applicable to the employer.
B. Changes in the consumer price index (all urban consumers - Los
Angeles, Lc! .Beach, Anaheim) .
C. Stipulations of the parties.
D. The financial condition of the City and its ability to meet the
cost of the award.
E. The wages and benefits of similar ommmmities or organizations.
F. Previous Memorarda of Agreement with the employee organization.
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G. 7he interest and welfare of the public and employee.
H. r1he Employer Employee Resolution.
I. Issues previously agreed to during the current meet- and - confer
and mediation process.
J. .Past practice with, respect to the.issm ,before the
Fact- finder.
. ..3 . - --: Withi.n .10 •; days.,of - c ncirq . fact =fib, .reocm nendat cns . of the
Fact - finder shall be:reported.,in:writing at-a:.meeti:ng of
representatives of the City and the employee organization.
Additionally, the fact - finder, shall determine the eligibility of
issues for consideration-by a Settlement Panel ( °G" below).
4. Each party -has l0-days to accept, reject or propose alternatives to
reocmmmdations.of :fact - finding. Any recannendations or
alternatives not acopted by both parties within 15 days of the
City Council. Me City Council may accept or reject any
reommaendation. Any recmmmndation of the fact - finder or the
employee organization.::aocepted: by, the City -Ccn=: l shall be
considered: resolved. All proceedings:. and-. recmmendaticns of
fact - finding shall be private and confidential. If .findings are
accepted or- ica„pa are otherwise resolved any fees or expenses
shall be payable one -half by the City and one -half by the employee
organization. If not, the City will pay all fees and expenses of
the Fact- finder.
G. Settlement Panel
Issues remaining unresolved following fact - finding which directly deal
with articles of any current City IAA (or prior mA for the employee
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n
organization, if expired) except "Employee Rights" or "City
(management) Rights" as contained in the applicable NBA may be taken. to
professional Settlement Panel according to the following process:
1...7he Employee Organization may request that an eligible 1SSUe be
taken.to.the::Settlement Panel by clearly: stating its request in
writing. Me position may be the same.as. previously taken or one
.,closer, to the, other: party,s.., In no:.c:ase, can the •positim--request
2. If the:Employee Organization modifies its position on any issue,
the City shall have one ten- day.period to:agree to or :reject the
modified issue (a).
3. .If the Employee Organization does.nct modify its position, or if a
counter proposal is not presented by the City, or if the counter
rejected within 10
Pr'op� .is reJ days then the unresolved issues
shall be referred to a professional Settlement Panel. Each party
shall suit to the Settlement Panel, in writing, its established
position on each unresolved. issue., including.: any counter proposal.
C A list of seven panelists.shalI be; obtained.:frrn. ".the state.
Mediation and Conciliation Service.. Then following a random
determination • of - which • party begins, pages shall alternately
striker .one name from the list: until only three .remain.
5. The Settlement Panel shall select the positions of one party on
each unresolved issue using factors traditionally taken into
oarisIderation in determination of wages, hours and other terms and
conditions of employment in the public sector including but not
limited to:
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(A) State and Federal-laws applicable to the employer.
(B) a anges in the corm mer price index (all urban consumers - Los
Angeles, Lxq beach, Anaheim)
(C) :Stipulations of the parties.
(D)- -..The financial condition of the city. and._its_ability to meet
the cost of the award.
.. .:(E) _ 7he wages and benefits: of similar cxmmamities or
organizations.
(F): Previous Memoranda of Agreement with the employee
organization.
(G) The interest, and welfare of the public and employees..
(H) Zhe.Employer- Employee Resolution.
(I) Issues previously agreed to during the cuxrent .
meet - and - confer, mediation and fact- finding process.
(J) Past practice-with respect to issi before ' the' Settlement
Panel.
7. These findings shall be reported within 10 days, in writing, at a
meeting of representatives of the City-and the employee association
at which time altexmatives to.the.fir4ings : may.be discussed. The
City Administrative Officer and Chief Negotiator for the employee
organization shall jointly prepare a letter- transmitting the
findings to the City Council.
8. If the findings completely sustain. one party and issues are not
otherwise resolved, the other party shall pay all fees or expenses
of the Settlement Panel. If the findings sustain each party on at
least one issue then the parties shall pay fees or expenses in
proportion to the number. of issues on which they were not
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sustained. If the issues are otherwise resolved any fees or
expenses shall be payable one-half. by City and one -half by the
employee organization. All other expenses shall be borne by the
ply incurriM the
9. :Jf findings are not accepted or otherwise.resolved:
(A) The findings will be made public.
(B) ... `Ihe= employee.. organization will..no :1
. onger::be: bound by any
agreement.. not to. sponsor,`, support or.collect signatures for a
charter amendment requiring binding 7interest arbitration.
SECTION 14.1 ..GRIEVANCES
A. A: grievance, is an alleged violation, misinterpretation or
:misapplication of. the Exployer- Employee Resolution, the Personnel Rules
and Regulations, any..of.agreement with.,an employee
association or any existing written policy or procedure relating to
:wages; .hours or other terms and oonditi.ons:of:emplcyment excluding
disciplinary matters.
. .. B. Any emplcyee�may.file and process a grievance ' by -providing the time,
place and of:the:.action pxnmpting...the:: grievance.
Employees may be aoccqanied- by.: a ;representative:,at,•eacth step of the .
process. If a specific action to be grieved affects several employees,
those. employees may consolidate, their- grievances and be represented.
C. Provided that.. lementation processes are correctly followed, amending
the Employer-Employee Resolution or the Personnel Rules and Regulations
or creating new or amended written policies or procedures may not be
grieved but shall first be subject to notice and consultation or
meeting and conferring with the Employee Organization as provided -in
Sections 7, 8 and 9 in this resolution or by State law.
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D. The grievance procedures shall be outlined in the P�ersa¢mel Rules and
Regulations.
E. Rules and Procedures for the SLOP QA and SIOFA only;
1. Any. dispute regarding the eligibility of
. -� -, g' _ty an: issue; for . the grievance
process - may -,be : appealed through :the process. ultimately to .the
Hearing Officer who shall. decide, ,on; the :eligibility prior.to ruling
an .the, merits.
2. A grievance is appealable,,.. following. several, preliminary steps, to
- -a Hearing Officer whose:decisicn shall -be` final. A list,of five
potential hearing. officers.shalI be obtained. ftcm the State
Mediation and Conciliation Service by mutual consent. Then
_.:following a random determination. of which -party. begins, parties
shall alternatively.stxi one name from the list until only one
remains. 'lire grievance procedure shall be outlined in-the
Personnel 'Rules and Regulations.
3. .Ally fees or.e)q*nses of the Hearing Officer shall be payable
one -half by. the City and one -half by the appellant. All other
=J-.N 0- •' •• - • M 1 .•
4. The City reserves the - right. to ::make.;the'-Hearing;Officer's opinion
advisory or to replace the Hearing Officer position in the
grievance process with the Personnel Board for-an Employee
Organization after July 1993 provided that:
a. The Hearing Officer has ruled on at least five separate
grievances for the Employee Organization; and
b. The City has been sustained in at least 65 percent of the
determinations on grievances _filed by members of the Employee
organization.
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SECTION 14.2 DISMMMARY ACTION- APPEAL (only applies to SIDpDA and SI.OFA)
A. Any employee demoted, suspended for four days or more or the shift
equivalent, reduced in pay, or removed under the provisions of Section
.2.36.330 of.the.Persa2mel Rules and Regulations. shal I. have the- riqftlt�to
appeal -such disciplinary - action to a Hearing.-. ..The appeal-,shall- .-
be.-in writing.; and: shall be :.filed with, the .:Persormel :birector.within .
_. fifteen:• business -:daysfollcxaiiig, the., effective ;date.:of::the -notice-of
decision on disciplinary f.action -,,The Hear ng-officer. shall be selected
from a- list of five''names ~obtained.fr m-the State,Mediation, and ..
. .. Conciliation Service.:., -Foll
owi.ng a - randan -deterauiation . of _which. party
begins, parties sha11 alternately strike one name from, the list lentil
only one remains.
B. The. appeal procedure including' a. Hearing officer shall be outlined in
the Personnel Rules and Regulations. expenses - of the
Regina Any fees,
..Hearing Officer shall be'payable one- half.by the City and one -half by
the appellant. All other expenses shall be borne by the party
incurring ng the
C. 'The City reserves the right .to replace �- the:- Hearirttg,, officer, in the.-
appeal procedure with the',PetSCMel �Boan3 after.. July,•,:1993. -
. -Mien the meeting and conferring pzocess.is concluded between the City
.and a formally recognized eMPloyee organization representing a majority of
the employees in an appropriate unit, all agreed upon matters shall be
incorporated in a written memorandum of agreement signed by the duly
authorized City and majority representative. As to those matters within .
the authority of the City Council, the memorandum of agreement shall be
submitted to the City Council for determination:
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/r1
tic •, a r • � -��• -�s. � v s; i� � ••� �-
Members of any recognized employee organization may, by a reasa able
method select not more than three employee members of such organization and
one.emplcyee observer to meet and confer with. the Munacipal.Employee .
Relations Officer -and other-management officials (after written
certification_of. such selection is. :provided,by.an authorized official of
the; organization ).an - subjects- within..the.scope of..*+T++eritation during
regular duty or work hours without_loss,of compensation or other benefits.
The employee organization shall, whenever practicable, submit the r me(s)
of each emplcyee..representative to the Municipal.EMployee Relations Officer
at least two working days in advance of such meeting.
Provided further:
(1) Mat no employee representative shall leave his or her duty or
work station or assignment without specific approval of the
depart head.or other, authorized City an
ty age _, .official. If
employee representative cannot be released, date of meeting will
be. rescheduled in accordance with item,(2) below.
(2) mat any such meeti;ig is .:subject to:schecbulingby city management
consistent with cperating.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.
SECTION 17. ACCESS 'Ili WORK LOCATIONS
Reasonable access to employment work locations during duty hours shall
be granted officers of recognized employee organizations and their
officially designated representatives, for the purpose of prooess=q
grievances or contacting me¢nbers of the organization concerning business
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within the soope of representation. Nan emtployee representatives of any
employee organization must have specific approval of the m=cipal Employee
Relations Officer to have such access. Employee access during non duty
.,.._:-hours ' and ncn employee representative access during: duty: hours, may be
obtained: with the. specific approval in eaeh:.instartce of the Municipal
Employee Relations - officer -.or an authorized..a��*+ta
--r _ management
:official . when. such. access. shall. not. interfere:. with. the normal operation of
the department or with established safety: or security :requir me ts.
'SECTION 18. USE OF CITY- FACILITIES
:.Employee organizations
_. may, ,': with the prior approval: of. the department. .
head, appropriate supervisor or Municipal Employee, Relations Officer, be
granted.the use of City., facilities dur ng:non- working:hours for ,meetings.
.
SECTION 19. USE OF BUIi= HOARDS
Recognized employee organizations may use portions of City bulletin
boards wader the following conditions: .
(a) - Only notices of recreatioml.and social-affairs, notice of
meetings, or.:elections and appointments and. results of.- elections
may be posted.
(b) Ail. materials must reoeive.:.the: approval= :of�::the,:.departiment head in
charge of the bulletin board.
(c). All materials must be dated and must identify the organization
that-published them.
(d) the actual posting of materials will be done by the City as soon
as possible after they have been approved. Unless special
arrangements are made, materials posted will be removed th rty -one
days after publication date.
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(e) The City reserves the right to determine where bulletin boards
shall be placed and what portion of them are to be allocated to
employee organization materials.
:...(f) An employee organization that does not abide. by these rules will ..
forfeit its ;right, to have,:materials-posted on City bulletin
SECTION 20. ..:DUES CHECK -OFF
Only .a formally•recognized- :emplvyee,associaticn- (i.e., the majority .. _ ..
_
representative, "of.emplcyees in an.apprcpriate unit).. may be granted
ermissicn by. the Municipal Employee.Relations Officer to have:.the
•1 �� • 11. X111 .' • ..1 �• p .III - • � {� . O ►• • _ •'
.- pr'ocedures prescribed. by the Municipal Employee. - Relations Officer.
Provided, however, this shall not preclude the continuation of dies
check -off heretofore granted to any employee organization.
Dues withheld by the. City shall be transsmitted.to the officer
. designated in writing by.. the employee organization as the person authorized
-to-receive such funds, at the address specific.
All employee organizations who; receive -dues cheek -offs shall indemnify,
defend, and hold the City ofr. ;san:.Luis:Obispo hazmless -against any claims
- made and against any suit instituted.against -the City of San Luis Obispo on.
_amt of check -off of employee organization dues. In addition, all such
emp cyee:organizaticns shall refund to-the °City of San :Luis Obispo any
amts paid to it in error upon presentation of supporting evidence.
Participation by an employee in a strike or a concerted work stoppage
is unlawful and shall terminate the employment relation. Prmvided hmmver
that nothing herein shall be so construed as to affect the right of any
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employee to abandon or to resign his employment.
(a) Fgplayee organizations shall not hinder, delay, interfere or
coerce employees of the City to hinder, delay, or interfere with
the' peaceful- performance.. of C
.. ty.servioes by strike;. tested
work.stcppage;.cessaticn:_of work,: slow -dawn, sit -dmm, -stay -away,
Or. unlawful. picketing.
(b): .;In the-event that . there . occurs.. any strike, ,:ooneexted..werk
stoppage. -or any: other:•:form : ofF- interference: with,or::limitaticn of
the -peaceful,perfamance-of City services prohibited by Section - -
.4.04:(a) hereof, the, in addition to,
any .other .-..lawful remedies
or disciplinary actions, may-by action of the Municipal Employee
Relations. Officer, cancel ' any or: all :payron:.deducti&is;.prnhibit
the use:.of.bulletin boairI prohibit the use of City facilities,
and withdraw recognition of the employee organization or
orgaiii zations::participating _in. such `actions.
(c) Employee meznbers- of -any employee organization shall not be locked
out,orprevented by:management officials -fimm performing their
assigned duties TAM: such'.;employees: are; . willing -and able to
perform such duties':-in •:the.: custcmary. ,I arm.er. aiid at a T reasonable
level of efficiency.
Any decision made under the provisions of this Section may be -appealed
-
to the City Council by :filing a written Notice.of Appeal :with.the City_
Clerk, aoocapanied by a complete statement setting forth all of the facts-
upon which the appeal is based. Such Notice of Appeal must be filed within
ten (10) working days after the affected employee organization first
received notice of the decision upon which the ocnplaint is based, or it
will be considered closed and not subject to any other appeal.
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SE=C N 22 . BUD'S AND REGtTIATIC�IS
The City Caluboil may adopt such additional Rules and Regulations as
may be necessary or omwenient:to
Implement the provisions of this
,Resolution and. Chapter 10, Division 4,•Title 1'of''the.C,cwerrment. Code: of
the -state .of CElifornia.(Section 3500, et seq.) .
SECTION 23.. C@IS°PfBJCI'ION
.A. ° Nothing_. in.this.:Resolution shall be.. oonstrued..to.- deny..any:persc.n or
.: employee - the ::rights:,granted:by:Federal� and: State laws;And_-City Charter
provisions.
B. The, rights , powers and authority .,of.the'City.Council.. in, all: Matters
, .
including the right to maintain any legal action, shall not be modified
.Or .: restricted by this Resolution.
C. Nothing in this Resolution shall abrogate any written agreement between
any employee organization and the City:in effect on the effective date
of this_ Resolution. .....All such:agreements :shall'.continue in °effect•for.
the duration of the term specified therein unless modified or rescinded
by mutual agreement of the parties thereto.
D. -..The provisions:, on :this Resolution are not ;inter -.to cAnflict: urith .the .
provisicns:,of Chapter 10, Division 41 _:Title;l.ofLL the .-Goverment Code of
the State of California (Section 3500,. et seq.) as amended.
SE=CU N. SEPARABILSTY
If any provision of this Resolution or the application of such
Provision to any person or circumstance, shall be held invalid the
remaindp*- of this Resolution or the application of such provision to
persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
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I
/A
Y
Resolution No. 6 6 2 0
On motion of
(1989 Series)
Councilmember Settle, sued by Councilmember Rappa ,
and on the following roll call vote:
pyM: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOM: None
ABSENT: None
the foregoing Resolution was passed. and adopted this 6th day,of June
1989.
:•. er Ron Dunin
ATTEST:
CIT1'Y _Pam Vog
P.F�OVED:
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.. -14, 7- C
01
RESOLUTION No. 6619 (1989 SERIES)
A. RESOIUTICN OF THE COUNCIL OF THE CITY OF SAN JUIS OBJSpO
AkE=NGIUDIMWM OF AGRED= BEIWEEX THE CITY OF SAN I-VIS
OHISPO (CITY) AND THE POLICE
OFFICERS ASSOC=ON (SLORDA)
AND THE FIRmaiTERs Ass6dkTcN (siDFA)
WHEREAS, in March 1989, the City agreed with SI_OpOA and ST_OFA to amend
agreements to 'Eprove cammxzucations and provide for early renegotiation of the
Memorandum of Agreement with si-OFA, and
WHEREAS, SLOPOA and SIDFA agree that their members, officers and
agents shall do nothing to seek or encourage legislative action requiring
binding interest arbitration which. would
affect the City, except as provided in
the &player-ETloyee resolution,• and
WEEFEM, other changes to the memoranda of Agreement are required to
make them consistent with the March 1989 agreement.
NOW ni=CF42, the Council resolves as follows:
1. CcMmunication Process (Replaces Article 7 In ST-OFA MA; New Article 37 in
STOFCA MA)
A. Monthly Conferences
There will be a monthly meeting between the department head and
management member(s) and at least two (2) association representatives
to discuss problems or other subjects of mutual interest. Minutes of
the meeting will be maintained to reflect topics discussed, actions to
be taken, the,party responsible for any action and the. expected
completion date.
B. Ouarterly.Meetings
Two to four representatives of the association, the city
Administrative Officer (or designee), department head (or designee),
and management rep_ _ ertative(s) designated by the citiwill meet
res _
quarterly if there are issues of concern to the parties. No issues
will be i)rdught� to this quarterly meeting without first having been
discussed with the department head at a scheduled -monthly conference.
�-t
i
Resolution No. 6619 (1989 Series)
2. Reneaotiati.cns (New Article .33 SUJFA M::A; Replaces Article :35 SIDPOA NSA -
"A° may)
A. If 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 no more than 135 days
nor less than 105 days prior to the end of the.Agreement. If notice
is Properly and timely given. negotiations shall commence no later
than 90 days prior to the end of the Agreement.
B. Not withstanding the above schedule, the Firefighters Association may
request to negotiate in June, 1989 by submitting a written notice and
proposals for an amended agreement. If notice is properly and timely
given, negotiation shall ommnence no later than July 15. 1989 with the
intent of reading and implementing an agreement as soon as possible.
3. Grievance Procedure (Replaces Article 8 SIDFA NSA; Replaces Article 29
SIDPQA NR)A)
A. A grievance is an alleged violaticn;.misintexpretaticn or
misapplication of the Employer - Employee Resolution, the Personnel
Rules. and Regulations, any memorandums of agremwx t with an employee
association or any odsting written policy of procedure relating to
wages, hours or other terms and conditions of, employment excluding
disciplinary matters.
B. Any employee may file and process a grievance by providing the time,
place and circumstances of the action prompting the grievance.
Employees.may be ac =Tamed by a representative at each step of the
process. If a specific action to be grieved affects several
employees, those employees may consolidate their grievances and be
represented.
C. Provided that implementation processes are correctly follaaed,
amending the Mployer- Employee Resolution or the Personnel Rules and
Regulations or creating new or written policies or procedures
may not be grieved b_ shall
_ first be subject to notice and
consultation or meeting and conferring with the Employee Organization
as provided in Sections 7, 8 and 9 in this resolution or by State
laws.
D. The grievance procedures shall be outlined in the Personnel Rules and
Regulations.
E. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the Hearing
Officer who shall decide on the eligibility prior to ruling on the
merits.
Resolution No. 6619
(1989 Series)
F. A gr- ievanoe is appealable, following seem -dl pxe1iminary steps, to a
Hearing Officer whose decision shall be final. A list of five
potential hearing officers shall be obtained from the State Mediation
and Oonciliaticn Service by mutual consent. nm following a random
determination of which party begins, parties shall alternately strip
one name from the list until only one rem ins. r1he grievance
procedure shall be outlined in the Personnel Rules and Regulations.
Any fees or expenses of the Hearing Officer shall be payable one -half
by the City and one -half by the appellant.. All other expenses shall
be borne by the party incurring the expense.
G. The City reserves the right to make the Hearing Officer's opinion
advisory or to replace the Hearing Officer position in the grievance
process with the Personnel Board for an Employee Organization after
July 1993 provided that:
1. The Hearing Officer has ruled on at least five separate
grievances for the Employee Organization; and
2. r1he City has been sustained in at least 65 percent of the
Bete m';*+atiaris on grievances .filed by members of the Rmployee
Organization.
On motion of Councilmember Settle . seconded by Councilmember Rappa
r
and on the following roll call vote:
AYFS: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
AGSM: None
the foregoing Resolution was passed and adapted this 6th day of June
1989.
-- ATTEST:
'MAYOR Ron Dunin
Resolution No. 6619
0!"
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1't P94NZ4*4vFA*j
(1989 series)
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fir_ .....,.. _ .
U RESOLUTION NO. 6618 .(1989,Seniee)
_. city of sAn luis 0631spo
Resotution
� of AppReciAtion
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
ROBERT F. GROGAN, CITY ADMINISTRATOR FOR THE
CITY OF SANTA MARIA
WHEREAS, "Bob" Grogan has completed twenty -6.ix yeau ob teaden6h.ip with the
C,ity_ob Santa Mania.; and
-_- WHEREAS, he 4a6 been the guiding bonee in heepi.ng to make Santa Mania the
-jvwgn Rive comrmatity we know today; and
WHEREAS, Bob ha.6 maintained the highest degree o4 pno6az ionaP,fam, ebiectivenesb,
and diptomacy .u2 h,i,6 contacts with the citizen6 ob the City and County .o6 San Lui,6
Obispo; and
WHEREAS, Bob's .6env.ice has gone beyond the boundaniu o Santa Mania ovidin
y 6 pn 9
= ready.aaei.ata.nce to other communities in ouA County; and
WHEREAS, Bob has been an active members and served on the Board o6 Ddreaton6 o6
the Cent at. Coa.6t See6- Yn6unance Fund .6 n.ee January, 1981; and
r .I-. WHEREAS, Bob has exh,i.b.cted teadenah,ip .in. hiA chosen pu6uzion, having .6e�cved
as Pnes,ident og the City Manager's Depantmewt o6 the League o6 CaUjonnia. C.iti.e6; and
WHEREAS, Bob iz aeso wete renown bon h.i.6 con6.i,6tent to66 o6 mon.ie6 at tocat
pokers eneountena aeong the Centjure Coaet.
:NOW,..THEREFORE, the City CounciZ ob San Lu,i,6 Ob.i.6po eongnatutate6 Bob and
extends best.uiAhe6, heaeth and good tuck in his %etaement a.6 City Admini.6tnaton
gars the City o5 Santa Mania.
On m i.0
motion ob Councmembex. Settee, seconded by Counaiememben Rappa, and on the
. bot ='Ag- note eat a vote:
AYES: Counci.tmemben6 Settee, Rappa, Pinard, Rei.s6 and Mayon Dunin
NOES: None
ABSENT: None
the Sonego.ing Re6otution wa.6 pazzed and adopted thin 6th day o6 June, 1989.
i
VOGES
f•'
i
i
152-84
6618
RESOLUTION No. 6617 (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF.THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO.1311
AT 3195 MCMI.LLAN AVENUE (MCMILLAN PARK)
WHEREAS, the Council made certain findings concerning Tract No.1311 as
contained in Resolution No. 6098 (1986 Series), and as extended per Resolution
No. 6526 (1988 Series),
WHEREAS, all conditions required per said resolutions have been met, NOW
THEREFORE BE IT RESOLVED, this Council hereby grants approval of the final map
for Tract No.1311.
Councilmember Settle Councilmember Rappa
On motion of seconded by
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 6th day of
June 1989_
OR Ron Dunin
ATTEST-
city CLERK Pam ges
APPROVED:
City A ministrative Officer
City Attorn
,'City
n /jkt1311
' 6617
On
i
RESOLUTION NO.6 6 16 (1989 SERIES)
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN L_ UIS OBISPO
ENDORSING SENATE BILL 1221
TO RAISE REDEMPTION VALUES FOR RECYCLABLE BEVERAGE CONTAINERS
WHEREAS more than half of the beverage containers sold in California are not recycled
and end up littered on beaches, parks and roadways or buried in landfills; and
WHEREAS recycling beverage containers can save energy and resources, reduce litter,
divert material from landfills, and reduce solid waste disposal cost; and
WHEREAS existing redemption values for beverage containers have failed to encourage
desired recycling rates; and
WHEREAS states with redemption values of five cents or more for beverage containers have
achieved recycling rates of 80 percent or more; and
WHEREAS Senate Bill 1221 has been introduced in the California state legislature; and
WHEREAS Senate Bill 1221 would raise the redemption value to five cents for beverage
container types which don't reach a 65 percent recycling rate by December 31, 1989; and
WHEREAS the provisions of Senate Bill 1221 would raise recycling rates and benefit the
people of the State of California and the City of San Luis Obispo;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Luis Obispo to:
1. endorse Senate Bill 1221 and urge its passage;
2. direct the city clerk to send copies of this resolution to members of the State Senate
Natural Resources Committee, members of the State Assembly Natural Resources Committee, State
Senator Gary Hart, State Senator Ken Maddy, and State Assemblyman Eric Seastrand.
onn,ofimofCouncilman Settle ,secondedbyCouncilwoman Pinard
and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
Resolution No. (c.6116 (1989 Series)
page 2
the foregoing resolution was passed and adopted this 23rd day of May ,1989.
40m% a
Mayor Ron Dunin
Attest: ,
L/
City - ierk Pamela Yjges
_� sssssssss
Approved:
City Ad istrative Officer
.t Lj
City Attotly
Public Works Director
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54
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RESOLUTION NO.
6615 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING A FEE FOR WATER CONSERVATION RETROFITS
TO THE BUILDING DIVISION FEE SCHEDULE
WHEREAS, builders may.earn water offsets to allow their projects to proceed despite a
lack of water allocations, pursuant to the Water Allocation Regulations, by retrofitting
water -using fixtures in existing buildings; and
WHEREAS, the city desires to recover its costs of record keeping and of inspections
to verify proper installation of water- conserving fixtures;
NOW, THEREFORE, the council resolves as follows:
A fee of fifteen dollars ($15.00) per dwelling unit or motel unit shall be charged at the
time a proposal is made for water - conservation retrofits. For verification of water -use
offsets other than plumbing fixtures in dwelling units and motel units, a fee of fifteen
dollars ($15.00) per hour, with a minimum of one hour, shall be charged.
Councilmember Councilmember
On motion of Settle seconded by Reiss , and on the following
roll call vote:
AYES: Councilmembers Settle, Reiss, Pinard and Mayor Dunin
NOES: None
ABSENT: Councilmember Rappa
the foregoing resolution was passed and adopted this 16th day of May 1989.
Mayor -Ron Dunin
ATTEST:
6615
Resolution No. 6615 (a989 Series
Page 2
APPROVED:
City dministiative Officer
City Atto ey
Community Development Director
Chief
Director
N
RESOLUTION NO. 6614 (1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING PROPOSED AMENDMENT TO LANDSCAPE PLANS FOR
1951 MONTEREY STREET (ARC 86 -102)
WHEREAS, on May 1, 1989, the Architectural Review Commission approved various
amendments to plans for landscaping a building site at 1951 Monterey Street, said plans
having been approved previously by the ARC pursuant to application ARC 86 -102 and a
subsequent appeal; and
WHEREAS, on May 16, 1989, the City Council conducted a duly noticed public hearing to
consider the testimony of the appellant and other interested parties.
NOW, THEREFORE, the council of the City of San Luis Obispo concurs with the action of
the Architectural Review Commission to approve the plans as revised pursuant to Council
Resolution 6600; based upon a finding that plans approved by the commission will provide
for appropriate screening of the proposed project.
On motion of Councilmember Reiss seconded by Vice —Mayor Pinard
, -
and on the following roll call vote:
AYES: Councilmembers Reiss, Pinard, Settle and Mayor Dunin
NOES: None
ABSENT:Councilmember Rappa
the foregoing document was passed and adopted this 16thday of May ,
1989.
It
— r —
Mayor Ron Dunin
6614
Resolution No. 6614 (1989 Serics)
Page 2
APPROVED:
City A ministrative Officer
City Attor
Community Development Director
,���� � �J
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RESOLUTION NO. 6613 (1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL OF THE SUBDIVISION HEARING OFFICER'S
ACTION TO APPROVE THE TENTATIVE PARCEL MAP FOR MINOR
SUBDIVISION 89 -53 LOCATED AT 580 SERRANO DRIVE
SUBJECT TO MODIFIED CONDITIONS
WHEREAS, the Subdivision Hearing Officer approved the tentative map for Minor
Subdivision 89 -53 at a public hearing on April 14, 1989; and
WHEREAS, on April 19 and 24, 1989, appellants filed appeals requesting that the
council deny the tentative map; and
WHEREAS, on May 16, 1989,. the City Council conducted a duly noticed public hearing to
consider the testimony of the appellant and other interested parties.
NOW, THEREFORE, the council of the City of San Luis Obispo upholds the appeal and
takes an action to approve the tentative map for Minor Subdivision 89 -53, subject to the
following modified findings and conditions:.
SECTION 1. Findings
The design of the minor subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in the
R -1 zone.
3. The design of the minor subdivision and the proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the minor subdivision or the type of improvement will not conflict with
easement for access through or use of property within the proposed subdivision.
5. The Community Development Director has, determined that the proposed minor subdivision
will not have a significant effect on the environment and has granted a negative
declaration.
6. The site can be subdivided by providing standard frontages on a city street, and the
site is not physically suited to creation of a flag lot. subdivision.
6613
Resolution No. 6613 (1989 Series)
Minor Subdivision 89 -53
Page 2
SECTION 2. Conditions.
Subdivider shall submit a final map to the city for review, approval and recordation..
2. The final map shall show two equal lots, each with fifty feet of frontage on Luneta
Drive. '
3. No trees shall be removed from the site in conjunction with subdivision improvements,
unless approved by the City Arborist and Community Development Director.
4. Subdivider shall install compensatory tree planting for trees .already removed to the
approval of the City Arborist and Community Development Director prior to final map
approval. Value of trees planted shall be at least $2,065.00.
5. Both parcels shall be designated as sensitive sites (subject to architectural review
at the time of development) due to concern with preservation of existing mature trees.
SECTION 3. Code Reauirements. That the following represent standard. requirements
required by various codes, ordinances, and policies of the City of San Luis Obispo, but
are not limited to She following:
Separate utilities shall be provided for each parcel, to the approval of the Public
Works Department.
2. Street trees shall be planted for every .35 feet of street frontage, to the
satisfaction of the City Arborist.
3. Park -in -lieu fees shall be paid for one additional parcel, as determined by the
Community Development Department.
4. Water acreage fees shall be paid for Parcel 2 prior to final map approval. Fees shall
be determined by the Utilities Department.
5. All improvement requirements of MS 86 -322 shall become requirements of this
subdivision if not completed prior to final map approval.
Resolution No. 6613 (1989 Series)
MS 89 -053
Page 3
Councilman Settle Councilwoman Pinard
On motion of seconded by
and on the following roll call vote:
AYES: Councilmembers Settle, Pinard, and`-Mayor Dunin
NOES: Councilman Reiss
ABSENT: Councilwoman Rappa
the foregoing document was passed and adopted this 16thday of May ,
1989.
ZI0000
--
ayor Ron Dunin
ATTEST::
M
City -CTk pam
APPROVED:
City A inistrative Officer
City Attorn
Community Development Director
.I f
RESOLUTION NO. 6612(1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY TO MR. LIMO; INC..FOR THE PURPOSE OF PERMITTING
TAXICAB SERVICE IN THE CITY OF SAN LUIS OBISPO
WHEREAS, Mr. Limo, Inc. desires-to provide taxicab service in the
City of San Luis Obispo; and
WHEREAS, Mr. Limo, Inc:, has filed an application for Certificate
of Public Convenience and Necessity with the City Clerk's Office pursuant
to Municipal Code Section 5.20.030 (Exhibit ^A" attached); and
WHEREAS, the public convenience and necessity require the granting of
a Certificate of Public. Convenience and Necessity,
NOW, THEREFORE, BE RESOLVED that the City Council of the City of San
Luis Obispo hereby grants a Certificate of- Public Convenience and
Necessity to Mr: Limo, Inc. (dba: Yellow Cab of Five Cities) for the
purpose of permitting taxicab service.in the City of San Luis Obispo
pursuant to and contingent upon compliance with Municipal Code Chapter
5.20., and authorizes the City Clerk to issue a taxicab permit for each
taxicab now operated by Mr. Limo, Inc.,
within the city.
On motion of Rappa ,.seconded by Settle
arid on the following roll call 'vote:
AYES: Councilmembe.rs Rap;pa, Settle and Mayor Dunin
NOES: None
ABSENT: Vice Mayor Pinard and Councilme "mb6r Reiss
6612
Resolution No. 6612 (1989 series)
Page 2
the foregoing Resolution was passed adopted this 2nd day of May. ,
1989.
_ �_ /
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� A
— —
MAYOR Ron Dunin
ATTES
City erk pam V ts
APPROVED:
C inistrative Officer
City Attor y
Fj
February 27, 1989
Pis. Nancy Knoflec
Transit Manager
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, California 93403 -8100
Dear Ms. Knofler:
EXHIBIT "A"
Allow me to express our thanks and appreciation for the notice received from
you that the City of San Luis Obispo might soon consider increasing the
number of certificates of public convenience granted by the City of San Luis
Obispo in order to improve the service available to it's citizens.
In accordance with your instructions, we are pleased and honored to enclose
our resume as an application for a certificate of public convenience and
necessity.
If you have any further questions concerning this or require additional
information please contact our office and we will be happy to discuss it
with you. We Would consider it a privilege to expand our taxicab
transportation service to the City of San Luis Obispo.
With kindest regards, we remain,
cc: Ms. Pam Voges
Deputy City Clerk
City ,Hall
990 Palm Street
San Luis Obispo, California 93401
Yours very truly,
MR. LIMO, INC.
rk A. Giese
General Manage
Mr. Limo, Inc.
dba: Yellow Cab of Five Cities
dba: Ainecican Limousine
850 B Sheridan Road
Arroyo Grande, California 93420
(805) 489 -1155
i
I
;v
City Council
City of San Luis Obispo
San Luis Obispo, California 93401
Feoc�nc; 27, 1989
Re: Application for Certificate of
Public Convenience & Necessity
Dear Honorable Mayor & City Council Members:
Recently we received notification that the City of San Luis Obispo might
soon increase the number of Certificates of Public Convenience issued in
order to expand and improve taxicab service to the citizens of San Luis
Obispo. We take this means to provide such information as is required by
the provisions of Section 5.20.030 of the City Ordinance of the City of San
Luis Obispo.
OWNER: MR. LIMD. INC.,, dba: YELLOW CAB OF
FIVE CITIES, dba: AMERICAN LIMOUSINE
is a California corporation. It's principle officers and directors ace:
Willard C. Gieseke, President, 160 Kenny Couct,
Santa Cruz, California 95065 (408/475- 2234).
Marie G. .Gieseke, Vice President, Secretary,
Treasurer, 160 Kenny Couct, Santa Cruz,
California 93065 (408/475- 2234).
Mack A. Gieseke, Genecal Managec, 850 A Sheridan
Road, Arroyo Grande, California 93420
(805/343- 1193).
VEHICLES AVAILABLE:
reconditioned and t
the next 90 days.
recondition classic
now include:
Three. NOTE: Two additional
vehicles ace in the process of being
epainted and will be added to the taxicab fleet within
We have gone to great length to locate, acquire and
models of Checker cab vehicles. The available vehicles
No. 11 1974 Checker cab, license 3E67121.
No. 14 1974 Checker cab, license 3L76607.
No. 16 1979 Checker cab, license 1U01801.
DESCRIPTION: Each taxicab is painted a
distinctive yellow color. On the
doors on each side is the logo of a checked square within which is the
Yellow Cab of Five Cities.
6
t
City Council - City of San Luis Obispo Page two
In this connection, we enclose:
1. Photograph 3howi.ng apix:acat:ce, .Logo and uniform
of Yellow Cab of Five Cities.
PROPOSED RATES: Oic current rate schedule includes
a $2.00 flag (pick up face), $2.,00
per mile (20C per 1 /10th mile' and $12.00 pec hour waiting time:
NEED: Each year the population of the
City of San Luis Obispo continues to
increase_ The mild climate and beauty of the area tends to attract a high
percentage of reticed citizens who have no transportation of their own and
whose needs ace often critical and immediate. A taxicab service offering
prompt transportation benefits not only the customer but the local merchants
and entertainment centers.
HISTORY OF COMPANY: Yellow Cab of Five Cities began
operations in February of 1987 under
Certificates of Public Convenience granted and issued by the Cities of
Arroyo Grande, Pismo Beach and Gcover City. This taxicab company is
licensed to operate in the County of San Luis Obispo. Accordingly, taxicab
transportation service is already being provided to Califocnia Polytechnic
State University San Luis Obispo and the San Luis Obispo County Jail. We
ace authorized and are providing service to the San Luis Obispo Aicpoct.
In May of 1987 we were designated the transportation representative for Dial
a Ride for the City of Pismo Beach, Califocnia providing transportation for
their elderly and handicapped citizens in that area.
American Limousine began its operations in May of 1985. It began with one
stretch limousine but the entice fleet now includes four stretch limousines
and a 1988 Plymoth Voyager Van. It now provides courier secvice for the
airlines at two of the airports in this area. Ede also provide courier
secvice for local hospitals.
• Zr. n
Ice'-lilt - 's
CITY OF PISMO BEACH, 1000 Bello Avenue,
Pismo Beach, Califocnia 93449.
CITY OF GROVER CITY, 154 South 8th Street,
Grover City, California 93433.
CITY OF ARROYO GRANDE, 214 East Branch
Street, Arcoyo Gcande, Califocnia 93420.
SAN LUIS OBISPO COUNTY AIRPORT, San Luis Obispo,
Califocnia.
SANTA MARIA MUNICIPAL AIRPORT, Santa Maria,
California.
I
City Council - City of San Luis Obispo
Page three
V INWA ••-
DRLTA AIRLINES *
WINGS WEST, LNC. *
AMERICAN EAGLE *
AMERICAN AIRLINES *
SRYWEST AIRLINES *
(O W4%114
* Denotes airlines servicing this area at the San Luis Obispo and Santa
Maria airports for whom taxi and courier services are provided.
SIERRA VISTA HOSPITAL, 1010 Murray
Avenue, San Luis Obispo, California
93401 (courier service).
ARROYO GRANDE 00[9'YRIITY HOSPITAL,
345 South Halcyon Road, Arroyo
Grande, California 93420 (courier service).
ASSOCIATION PEMER.SHIPS:
SANTA MARIA CHAMBER OF COMMERCE.
TAXICAB PARATRANSIT ASSOCIATION OF
CALIFORNIA.
INTERNATIONAL TAXICAB ASSOCIATION.
ENCLOSURES: we enclose:
1. Photocopy of Resolution No. 2010 granting a
Certificate of Public Convenience and Necessity
by the City of Arroyo Grande.
2. Photocopy of Certificate of Public Convenience
and Necessity as granted by the City of Grovec
City.
3. Photocopy of Certificate of Necessity as granted
by the City of Pismo Beach.
4. Certificate of Insurance.
5. Business License issued to Mr. Limo, Inc. by the
County of San Luis Obispo.
City Council - City of San Luis Obispo Page four
r
6. Registration Certificate issued by the County of
San Luis Obispo to Yellow Cab of Five Cities.
REMARKS: We ace certain that if the City of
San Luis Obispo deems it in order to
issue Mr. Limo, Inc., dba: Yellow Cab of Five. Cities; a Certificate of
Publ -ic Convenience and Necessity that will permit as to operate in this area
that it wil -1 do Touch to improve the transportation needs of this community.
You can be assured that if our taxicab company 'is granted the privilege to
operate in this area the citizens of this_ community will be given our
preferred attention.
Sincerely,
MR. LIMO,. INC.
W" -, � (� L
Mack A: Giese
General Mang,
Mr. Limo, Inc.
dba: Yellow Cab of Five Cities
dba• American Limousine
850 B Sheridan Road
Arroyo Grande, California 93420
(805) 489 -1155
% V �'
RESOLUTION NO.6611(.1989 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING
AN EASEMENT FOR PACIFIC BELL WITHIN THE
MARSH STREET PARKING STRUCTURE
WHEREAS, the City of San Luis Obispo is in the process of
constructing the Marsh Street Parking Structure; and
WHEREAS, the Council finds that it is in the best interest of
the City to allow Pacific Bell to place their equipment in the
structure; and
WHEREAS, the attached easement defines the terms and conditions
of the use of the building by Pacific Bell;
NOW, THEREFORE, BE IT RESOLVED that the Council authorizes the
Mayor to sign a Deed of Easement to Pacific Bell for the easement
and directs the City Clerk to record the easement with the County
Recorder.
On motion of Settle , seconded by Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa and Mayor Dunin
NOES: None
ABSENT: Vice .Mayor Pinard and Councilmembe -r Reiss
the following resolution was passed this 2nd day of May 1989.
OR RON DUNIN
t8 /,resclution
Ah11
Resolution No. 6 6 1 1 ( 1989 S eri e s )
APPROVED:
Public Works Director
t
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RESOLUTION NO. 6610 (1989 Series)
.A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DEFERRING LANDSCAPE PLANTING DURING MANDATORY WATER CONSERVATION
WHEREAS, the City of San Luis Obispo has experienced three consecutive years of
lower than normal rainfall, which has resulted in lower than normal reservoir levels; and
WHEREAS, the City Council has adopted Water Allocation Regulations and a Mandatory
Water Conservation Program; and
WHEREAS, the City Council acknowledges that water is a limited resource and desires
to improve the effectiveness of water use and avoid nonessential uses of water;
NOW, THEREFORE, the council resolves as follows:
During mandatory conservation, there shall be no new landscape planting which
requires potable city water for irrigation in city parks or on the grounds of city
buildings.
2. New planting while mandatory conservation is in effect shall not be a basis for
increasing the target water use levels for a customer.
3. Planting required as a condition of building - permit, architectural- review,
use - permit, subdivsion, or planned - development approval, to be irrigated with
potable city water, may and should be deferred. The City Engineer or the Community
Development Director may approve such deferrals. There should be appropriate
guarantee that the planting will be completed within 90 days of the end of mandatory
conservation, or other appropriate time as determined by the City Engineer or the
Community Development Director. The City Engineer or the Community Development
Director may require completion of certain planting prior to project occupancy where
such completion has been explicitly required as a condition of project approval or
as environmental mitigation.
Councilmember_ Councilman
On motion of Q' ' ; seconded by cP, r 1 a and on the
following roll call vote:
AYES: Councilmembers Rappa and Settle, and Mayor Dunin
NOES: None
ABSENT: Vice Mayor Pinard and Councilmember Re i s s
the foregoing resolution was passed and adopted this 2nd day of May 1989.
r RoInD �u in i
ATTEST:' �' J
City :Clerk
Pam V es
6610
�4
Resolution No. 66 10 (1989 Series)
Page 2
APPROVED:
Community Development Director
Utilities Director
gm5:ls -res
f�.
�Aw
RESOLUTION 140. 6610'0'(1989 SERIES,)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING THE
CITY ADMINISTRATIVE OFFICER TO ENTER INTO A CONTRACT
FOR TREATMENT TO REMOVE TETRACHLOROETHYLENE
FROM THE DALIDIO GROUNDWATER BASIN
WHEREAS; the City of San Luis Obispo is in the process of
negotiating an agreement to use the groundwater under Dalidio land
for an emergency supply; and
-WHEREAS, the laboratory analysis have found levels of
tetrachloroethylene above the State maximum contaminate levels; and
WHEREAS, tetrachloroethylene is classified as a kno.wn.,,or
probable human carcinogen by the Environmental Protection Agency
(EPA); and
WHEREAS, the technology ekists to effectively remove
tetrachloroethylene from contaminated water;
NOW, THEREFORE, BE IT RESOLVED that the Council authorizes
the City Administrative Officer to enter into a contract for the
treatment and removal of Tetrachloroethylene from the Dalido
groundwater basin, in an amount not to exceed $2504000.
On.mot on of Mayor Dunin , seconded by Councilmembes )appa
and on the following roll call vote:
AYES: Mayor Dunin, Counc;ilmembers Rappa, Pinard and Reiss
NOES: Councilmember Settle
ABSENT:' None
the following resolution was passed this _18th- day of April__
1989.
ATT
CITY LERK`'
MAYOR RON DUNIN
6609.
2 -
Resolution No. 6609
Approved:
City A inistrative Officer
City Apto ney
Fiftiabce Directo"4!r--j r
Utilities Director
pctce /casmemo3
Series 1989
NJ
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RESOLUTION N0. 6608 (1989 Series)
✓ A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING BID AND. AWARDING A CONTRACT FOR THE CONSTRUCTION
OF THE MARSH STREET PUBLIC PARKING STRUCTURE
WHEREAS, the City Council has determined that the low bid submitted by
Madonna Construction Company meets State and City requirements; and
WHEREAS, the City Council has determined that Madonna Construction is a
responsible bidder;
NOW THEREFORE BE IT RESOLVED by the Council of the City of Son Luis Obispo
as follows:
SECTION 1. The Council accepts the bid and authorizes the Mayor to sign a
contract on behalf of the City for the following:
PROJECT: Marsh Street Public CITY PLAN NO.: M -41D
Parking Structure
ESTIMATE: $3,820,000.00 BUDGET ACCOUNT: .051 = 9863 =092 -572
BIDDER: Madonna Construction Co. BID AMOUNT: $3,621,600.00
SECTION 2. The Public Works Department shall prepare the appropriate
documents for signature by the successful bidder and the Mayor.
SECTION 3. The City Finance Director shall transfer $3,822,500.00 to
account no. 051- 9863 - 092 -572.
The City Clerk shall furnish a copy of this Resolution to the City Finance
Director and the City Public Works Director.
On motion of Councilmember Rappa seconded by Mayor Dunin
and on the following roll call vote:
i .a
AYES.: Co br uncilmember Rappa, Mayor Dunin, Councilmembers Pinard and Settle
NOES: Councilmember Reiss
ABSENT: None .
the foregoing Resolution was passed and adopted this 18th day of
April
1989.
The provision in California Code of Civil Procedures Section.1094.6 is
applicable to this resolution.
mm
A
Resolution No. 6608 (1989 Series)
Poge Two.
ATTEST:
a4,�az �
Deputy CITY CLERK.Becki Austin
APPROVED:
istrative Officer
Acting Ci V Attorney
Public Works Director_
City Finance Director
tpg3 /m41d -award
by
OR Ron Dunin
JN�x
r~!SOLUTION NO- W, (1989 Series)
A RESOLUTION OF THE CITY COUNCIL APPROVING THE USER
PRIORITIES AT SINSHEIMER PARK THROUGH MARCH 1, 1990
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The Council hereby approves the list of user priorities of
the recreation facilities at Sinsheimer Park, a copy of which is attached
hereto, included by reference and marked Exhibit: "A."
SECTION 2. The City Clerk..shall forward a copy of the approved
priority lists to the San Luis Coastal Unified School District Board of
Education for their confirmation.
On a motion of Counc.i.lmembe -r Sett..le, Seconded by Councilmembei 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 18th day of April
1989.
t
AYOR RON DUNIN
ATTEST:
Deputy CITY CLERK Beeki.rAustin..,
6607
tt
n
ATTA1 -,1EN r "A"
PRIORITIES FOR USE OF MUNICIPAL SWIMMING POOL LOCATED IN SINSHEIMER PARK
RESPONSIBILITY FOR SCHEDULING
All scheduling will be the responsibility of the Pa -rks and Recreation
Department following the priorities developed by the Advisory Committee on
Joint Recreational Use of School "District Property.
PRIORITIES FOR USE
1. Public use as scheduled by Recreation Department, including:
a. Recreational swimming
b. Lap swimming
C. Instruction (Red Cross series)
d. Special Classes��� p
e. Other
2. School use (priority as listed)
a. SLCUSD intermediate and secondary schools competitive swim and
water polo programs.
b. California Polytechnic State University
C. Cuesta Community College
3. Swim Clubs (Specified hours and with city /club agreements for practice
and meet space)
4. Swimming for Special Populations and high school physical education
classes
5. Private agencies, groups and parties
NOTE: Meets or other aquatic special events that may,produce.revenue for
the city's pool will take preference over practices or rion- revenue
producing activities. The Park and Recreation Department will determine
when scheduling such activities, the best interest of the City.
21113
if
PRIORITIES FOR USE OF MUNI SWIMMING POOL IN SINSHEIMER PARK Page 2
FEES
Priorities 2 through 5 should contact Director of Recreation for current
fee structure for use of pool. All pool related fees & charges will be
deposited with the city of San Luis Obispo.
USER RESPONSIBILITIES
All use to be controlled by user organizations following guidelines set
forth by the Park and Recreation Department in order to maintain.this
facility in the best possible condition. Disregard for rules concerning
use of the facility will constitute grounds for banning future use of the
facility. User groups will be billed for actual costs.incurred to repair
damages to facility. ALL use fees for facility are due and payable within
30 days of use..
REVIEW OF PRIORITIES
This list of priorities shall be in effect until March 1, 1990. These
priorities shall be reviewed annually by the Advisory Committee on Joint
Recreational Use of School District Property and submitted. to the San Luis
Obispo Council and San Luis Coastal Unified Board of Education for
approval.
rev 3/89
It
PRIORITIES FOR USE OF THE SAN LUIS BASEBALL STADIUM
LOCATED IN SINSHEIMER PARK
RESPONSIBILITY FOR SCHEDULING
All scheduling will be the responsibility of the Parks and Recreation
Department following the priorities developed by the Advisory Committee on
Joint Recreational Use of School District Property.
PRIORITIES FOR USE:
1. Special Games, Tournaments and Play =offs (priorities as listed):
a. Major special league Tournaments (Babe. Ruth, Sr.; Babe Ruth, ect.)
b. Minor special league Tournaments (Same as above, but below
district levels)
c.. SLCUSD High School and Community College Tournaments
d. C.I.F. Championship Games
e. Recreation Department
f. University level Tournaments
g. Exhibition Games (Highest class ball possible)
h. Semi - professional Tournaments or Play -offs
i. Other
2. TEAM PLAY PRIORITY:
a. Babe Ruth /Senior Babe Ruth
b. SLCUSD high school teams
c. Recreation Department
b. Cal Poly
d. Other
s,
U
(7J
PRIORITIES FOR USE OF SAN LUIS BASEBALL STADIUM Page 2
LOCATED AT SINSHEIMER PARK,
3. PRACTICE SESSIONS
FEES
NOTES -
* Practices will be limited to game situation sessions. Workouts
should be scheduled at other facilities.
* Night "Practice games" will be charged for lights as though they
were regular games.
* All practices.must be cleared through the Park and Recreation
Department and scheduled as in regular games.
* User organizations will be responsible for field maintenance and /or
charged in accordance with fee schedule as in regular games.
20% of the rg oss revenue on gate receipts (10% of the gross revenue on all
other collections, charges, or other fees) or current fee schedule,
whichever is greater, shall be paid to the "Sinsheimer.Park Fund" within
30 days of.said activity. In addition to the above mentioned fee,
maintenance and light expenses must be paid in advance to the Department
of Parks and Recreation. Current fees for maintenance & lights available
at the Recreation Department office.
USER RESPONSIBILITIES
All use to be controlled by user organizations following guidelines set
forth by the Park and Recreation Department in order to maintain this
facility in the best possible condition. Disregard for rules concerning
C
PRIORITIES FOR USE OF THE SAN LUIS BASEBALL STADIUM Page 3
LOCATED AT SINSHEIMER PARK
use of the facility will constitute grounds for banning future use of the
facility. ALL use fees for facility are due and payable within 30 days of
use.
REVIEW OF PRIORITIES
This list of priorities shall be in effect until March 1, 1990. These
priorities shall be reviewed annually by the Advisory Committee on Joint
Recreational Use of School District Property and submitted to the San Luis
Obispo City Council and San Luis Coastal Unified Board of Education for
approval.
rev 3/89
fy
PRIORITIES FOR USE OF SINSHEIMER PARK SOFTBALL FIELD
RESPONSIBILITY FOR SCHEDULING
All scheduling will be the responsibility of the Parks and Recreation
Department following the priorities developed by the Advisory Committee on
Joint Recreational Use of School District Property.
PRIORITIES FOR USE OF THE SOFTBALL FIELD
1. City Recreation Department operations. Including, but not limited to:
a. Department sponsored & co- sponsored league play
b. Department scheduled practices
c. Department sponsored or co- sponsored tournaments
2. Special Events and Tournaments. (These events must derive revenue of
which a percentage is paid to the city for future development.)
3. Educational (School) Program. Does not include Physical Education
classes. Priority use as listed.
a. Local intermediate and secondary schools
b. California State Polytechnic University
c. Cuesta Community College
4. Special Populations
5. Traveling Leagues (Semi -Pro)
6. Private Agencies /Groups. (No priority within this category)
It
PRIORITIES FOR USE OF SINSNEIMER PARK SOFTBALL FIELD
FEES
Page 2
Priority 1 through 6 are subject to current field maintenance, lighting,
and tournament administration charges. Priority 2 -6 are also subject to a
fee of 10% of the gross (20% of the gross on gate receipts) on all fees
collected. (The Parks and Recreation Department can assist you with the
specific fees and charges applicable.) Priority #6 will be charged
SS.00 /hour use fee plus any applicable field maintenance and lighting
charges.
USER RESPONSIBILITIES
All use shall be controlled by user organizations following guidelines set
forth by the Park and Recreation Department in order to maintain this
facility in the best possible repair. Disregard for rules concerning use
of facility will constitute grounds for banning future use of facility.
User groups will be billed for actual costs incurred to repair damages to
facility. ALL fees and charges for use of the facility are due and
payable within 30 days of use.
REVIEW OF PRIORITIES
This list of priorities shall be in effect until March 1, 1990. These
priorities shall be reviewed annually by the Advisory Committee on Joint
Recreational Use of School District Property and submitted to the San Luis
Obispo City Council and San Luis Coastal Unified Board of Education for
approval.
rev 3/89
h
0
PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS
RESPONSIBILITY FOR SCHEDULING
All scheduling will be the responsibility of the Parks and Recreation
Department following the priorities developed by the Advisory Committee on
Joint Recreational Use of School District Property.
PRIORITIES FOR USE OF THE COURTS
1. Tennis lessons and Department tournaments_- sponsored or co- sponsored
by the SLO Recreation Department.
2. Recreational Tennis Play
3. Local School District league play, tournaments or league
championships.
4. Other tournaments, special events or special fund - raising activities.
CONDITIONS CONCERNING PRIORITIES
Priorit.v #1: Department Sponsored Lessons = No more than three (3) courts
will be scheduled on any given day or any given hour of a day. Department
Sponsored & Co- Sponsored Tournaments - Courts as necessary.
Priority #2: Recreational Tennis Play. On any given day or at any given
hour, other than Department's Tournament days, there shall be a minimum of
two (2) courts available for recreational play. Recreational play will
comprise the prime use of all courts when not scheduled by the Recreation
Department for lessons or tournaments.
It
PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS
Page 2
Priority #3: Local School District Tournament or Championship Matches -
Requests for use of Sinsheimer Courts for this priority must be forwarded
to Recreation Department for consideration as soon as local team is
notified that they will be a part of such competition. A local school
district team must take part in such a tournament or championship in order
to qualify for this priority. Local School District League Play - No more
than four (4) courts will be scheduled on any given day or hour for this
priority. School schedules must be submitted to the Recreation Department
one month prior to first league game.
Priority #4: Other tournaments or events: Requests must be made directly
to the Advisory Committee on Joint Recreational Use of School District
Property at least 30 days prior to said activity.
All uses of four or more courts, regardless of priority must be made
directly to the Advisory Committee on Joint Recreational Use of School
District Property at least.30 days prior to the start of the event.
FEES
Activities scheduled under priority 3 or 4 will be charged a use fee of
55.00 /court /day for the further development of Sinsheimer Park (including
20% or all gate revenue).
USER RESPONSIBILITIES
All use to be controlled by user organizations following guidelines set
forth by the Park and Recreation Department in order to maintain this
facility in the best possible condition. Disregard for rules concerning
PRIORITIES FOR USE OF SINSHEIMER PARK TENNIS COURTS Page 3
use of the facility will constitute grounds for banning future use of the
facility. User groups will be billed for actual costs incurred to repair
damages to facility. ALL use fees for facility are due and payable within
30 days of use.
REVIEW OF PRIORITIES
This list of priorities shall be in effect until March 1, 1990. These
priorities shall be reviewed annually by the Advisory Committee on Joint
Recreational Use of School District Property and submitted to the San Luis
Obispo City Council and San Luis Coastal Unified Board of Education for
approval.
rev 3/89
vQ
RESOLUTION NO.E606,'(1.969 Series)
A RESOLUTION OF THE COUNCIL OF THE C1fY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT 1399
(WHITE & TULL ENTERPRISES - SUBDIVIDER)
WHEREAS, the City Council made certain findings concerning Tract 1399 as
contained in Resolution No. 6020 (1986 Series), and
WHERAS, all conditions required per Resolution No. 6020(1986 Series) have
been met,
NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for
Tract 1399.
On motion of'Councilmember Settle .:.
_. _ .,, seconded byCounc;ilmember _Rap,pa
and on the following roll call vote:
AYES: Councilmembers'-Se;ttle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and.adopted this day of
April 1989. j
ATTEST:
Deputy CITY CLERK Becki Austin
" r
APPROVED:
City Administrative Officer
City Attorn y
City Engineer
jk6/t1399 -fin
by
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RESOLUTION NO. 5605.(1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING BID AND AWARDING CONTRACT FOR SANTA
ROSA PARK IMPROVEMENT PROJECT: SOFTBALL FIELD LIGHT REPLACEMENT
WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to
sign a contract on behalf of the City for the following:
PROJECT: SANTA ROSA PARK SOFTBALL
FIELD LIGHT REPLACEMENT
ESTIMATE: $80,000.00
BIDDER: BUILDING ENERGY CONSULTANTS
HUNTINGTON BEACH, CA
CITY PLAN NUMBER: N05Y
FUND NO: 040
BID AMOUNT: $77,377.00
NOW, THEREFORE IT BE RESOLVED, that the City Clerk is directed to prepare
the appropriate documents for signature by the successful bidder and the Mayor.
Councilmember
On motion of Councilmember Settle, seconded by 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 18th day of April
1989.
ATTEST / „
City Cyrk Pam:Uoge
5605
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RESOLUTION NO. 6604 (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF.SAN LUIS
OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN
FOR APPOINTED OFFICIALS AND FOR CERTAIN MANAGEMENT
PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN
IN CONFLICT
WHEREAS, the City Council desires to establish a
comprehensive Appointed Officials and Management Development and
Compensation policy; and
WHEREAS, the Council is committed to a comprehensive policy
that strengthens the recruitment and retention of well qualified
and effective appointed officials and management personnel; and
WHEREAS, the Council desires to maintain an Appointed
Officials and Management Compensation Plan which is consistent
with.other compensation plans; and
WHEREAS, the Council is committed to a compensation plan
which reflects the differences between duties, responsibilities
and job requirements; and
WHEREAS; the Council determines that merit and performance
shall be the basis for Appointed Official and Management
compensation.
WHEREAS, consistent with Section 701 of the City
Charter, the City Council is the appointing authority for the
..e
Resolution No. 66G4'� 0 989 Series)
Page Two
City Administrative Officer, City Attorney and the City Clerk
(Appointed Officials), and the City Administrative Officer is the
Appointing Authority for Management positions; and
WHEREAS; The appointing authority is responsible for the
selection, evaluation and the level of compensation for the
appointed employee.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo as follows:
Section 1. An Appointed. Official and Managerial salary plan
is an important component of a comprehensive compensation policy.
In order to remain competitive with the professional marketplace
and promote merit and performance as the criteria for individual
salary determinations, the following open -range Appointed
Officials and Management Personnel Salary Schedule (Exhibit A ") is
authorized. The salary schedule shall be adjusted as follows:
1990 - 5% range increase
1991 - 5% range increase
1992 - 4 -6% increase based on compensation survey
conducted in January 1992.
1993 - to be adjusted based on the results of
1992 survey
The 1992 and 1993 changes in the salary schedule shall be
authorized by Council resolution.
_ r
Resolution No. X604
Page Three
(1989 Series)
EXHIBIT "A"
APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE
1989
GROUP MANAGEMENT POSITION SALARY RANGE
MIN MID MAX
I CAO 5600 6400 7200
II ATTORNEY. 4600 5250 5900
POLICE CHIEF
FIRE CHIEF
COMM.DEVELOPMENT
PUBLIC WORKS
UTILITIES DIR
ASSISTANT CAO
III CITY ENGINEER 4200 4800 5400
FINANCE DIR
IV PERSONNEL DIR 3800 4350 4900
RECREATION DIR
V CITY CLERK 3300 3800 4300
Section 2. The Appointing Authority, or City Administrative
Officer- shall determine compensation within the designated range,
after evaluating performance using professional compensation
principles and the following guidelines (Exhibit "B") and salary
increase matrix (Exhibit "C "). Such determination shall reflect
merit and performance as the standard and basis for managerial
compensation. In addition, the appointing authority may reduce
compensation if performance is unsatisfactory.
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Resolution No. ;04
Page Four
(1989 Series)'
Exhibit "B"
PERFORMANCE GUIDELINES
First quartile of the salary range: promotional and initial
hiring range and learning curve on the job
Second quartile of the salary range: experienced level and
aI teral hiring; com�en performance of the job after
completion of learning /adjustment curve after hire
Thi -rd ar�tile of the salary range: hiring exceptionally
�ifie" d; consistently compe et nt performance over time
Fourth quartile of the salary range: exceptional
performance over time; strives to excel in numerous areas
Exhibit "C"
SALARY INCREASE MATRIX
Performance Status:
Quartile:
1st
2nd
3rd
4th
Probation (not adequately
0%
0%
0%
0%
performed)
Fair
2 -4
2 -3
1 -2
0%
Competent (expected
5 -7
4 -6
3 -5
2 -3
performance level)
Highly Competent
8 -10
7 -8
5 -6
3 -4
Exceptional
10 -12
9 -10
7 -8
5 -6
(To be used in 1989, 1990, and 1991.
May require
adjustment
in 1992 and 1993 depending on
the results of
1992
compensation survey.)
Section 3. The City Administrative Officer is responsible
' 1
Resolution No. 6604 11989 Series)
Page Five
for and shall be held accountable to the Council for the
performance and evaluation of subordinate management staff. By
the end of April of each year, the City Administrative Officer
shall evaluate and determine salary levels for subordinate
management and staff. Salary level determinations may be
implemented by phases during each (12) month period (April
through March).
Section 4. The salary determination within the approved
range for City Engineer shall be jointly determined by the Public
Works Director and the City Administrative Officer.
Section 5. By the end of April, the City Council shall
evaluate and determine salary levels for the Appointed Officials.
The salary level determinations may be implemented by phases
during each (12) month period (April through March). The City
Council shall adopt individual employment agreements for
Appointed Officials.
Section 6. The City Council is authorized to grant one -time
Performance Awards of up to $750 to Appointed Officials. The
City Administrative Officer is authorized to grant one -time
performance awards of up to $750 to management personnel.
Performance Awards may be granted for either exceptional specific
performance or sustained outstanding performance. .
Section 7. The management fringe benefits attached hereto
as Exhibit "D" shall continue through 1993. The City, shall
contribute a maximum of $300 per month through 1990 and $325 per
month from 1991 through 1993, for medical, dental and vision
Resolution .No. 6604::'"`
'(1989 Series) O
Page Six
coverage. Should the City adopt a salary reduction plan,
equivalent amounts will be applied to that plan. The Management
Life Insurance and Long Term Disability Insurance shall continue
to be directly funded by the City. Managerial employees working
less than full time shall have all benefits and fringes pro rata.
On motion of Councilmember Settle seconded byCouncilmember Rappa
and on.the following role call vote:
AYES: Councilmembers Settle,
NOES: Councilmember Pinard
ABSENT: None
Rapper, Reiss and Mayor Dunin
the foregoing resolution was passed and adopted this 18th day of
=Apzi 1:T - 1989.
ATTEST:
Deputy CITY CLERK Becki._Austin- = =s-
APPROVED:
City Admi istrative Officer
— 2
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41j'-- City Atto
W.
Meg
MAYOR RON DUNIN
Personnt8l Direct r
Director
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Resolution No. 66d`e'I (1989 Series)
J
Page Seven
EXHIBIT "D"
MANAGEMENT FRINGE BENEFITS
1989 - 1993
SECTION A Medical, Dental, Eve Care
i
The City shall establish and maintain medical, dental and eye care insurance plans
for coverage by management employees and their dependents. Each management employee
shall carry medical, eye care, and dental for self. Dependent coverage shall be at
the employee's option, however, all eligible dependents must be covered and covered
on all plans if dependent coverage is desired. The City reserves the right to
choose the method of insuring and plans to be offered.
SECTION B Unexpended Frin a Benefit
The City shall pay to each management employee as soon as practicable prior to
December 31, an annual lump sum payment (subject to appropriate taxation) for the
difference between the benefit amounts provided Management employees and any lesser
sum expended by the employee for medical, eye care, and dental coverage for the
calendar year.
SECTION _C Life and Disability
The City shall provide the following special insurance benefits:
1. Long -term disability insurance providing 60 % of gross salary to age 65 for
any sickness or accident after a 90 -day waiting period.
2. $50,000 term life insurance including accidental death and dismemberment.
3. One -half of employee's health insurance premium paid for retired employees
who elect to remain members of the City's group health plan. (Medical
Plan). This provision will cease upon the death of the employee or upon
the employee reaching age 65.
SECTION D Retirement
The City agrees to provide the Public Employees' Retirement System's 2% at age 60
plan to all eligible employees including the amendment permitting conversion of
unused sick leave to additional retirement credit, the 1959 survivor's benefit and
one year final compensation.
The police and fire chiefs shall receive the same retirement benefits as sworn
personnel in their department.
Effective 7 -1 -81 the City agrees to pay the employee's contribution to P.E.R.S..
These amounts paid by the City are employee contributions and are paid by the City
to satisfy the employee's obligation to contribute the current percentage of salary
to P.E.R.S. An employee has no option to receive the contributed amounts directly
instead of having them paid by the City to P.E.R.S. on behalf of the employee. It
is further understood and agreed that the payment of the employee's P.E.R.S.
contribution is made subject to I.R.S. approval and reporting procedures.
Re.solution No. 66,4 ( 1989 Series) y
Page Eight
Management Fringe Benefits- 1989 -1993
Page 2
SECTION E Vacation
Vacation leave is governed by Section 2.36.440 of the Municipal Code except that it
may be taken after the completion of the sixth calendar month of service since the
benefit date. Vacation leave shall be accrued as earned each payroll period up to a
maximum of twice the annual accrual rate. However, if the City Administrative
Officer determines that a management employee has been unable to take vacation due
to the press of City business, the City Administrative Officer may increase the
accrual limits or once annually authorize payment for one -half of the excess
accumulation up to a maximum of five (5) days. The City Administrative Officer may,
within two years of appointing a manager, increase the rate of vacation accrual to a
maximum of 15 days per year.
SECTION F Administrative Leave
Management employees shall accrue eight (8) days (64 hours) of executive leave per
calendar year. Management leave shall accrue at the rate of 5.333 hours per month.
Commencing January 1, 1987 management employees shall have the option of taking such
leave as additional paid leave or receiving cash for up to 64 hours at year end upon
the approval of the CAO.
SECTION _i Holidays
Management personnel shall receive 10 fixed + 2 floating holidays per year.
SECTION H Sick Leave
Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee may
take up to two (2) 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.. This may be extended to five (5) days per year if the family member is
part of the employee's household, and to seven (7) days if a household family 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 (10) years of continuous employment - 10%
(2) After twenty (20) years of continuous employment - 15%
SECTION I Workers' Compensation Leave
An employee who is absent from duty because of on- the -job injury in accordance with
the 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 ninety (90)
business days of such temporary disability absence. Eligibility for workers'
compensation leave requires an open workers' compensation claim.
Reslution No. 660E (1989 Series)
Page Nine
Management Fringe Benefits - 1989 -1993
Page 3
SECTION J Vehicle Assignment
For those management personnel who require the use of an automobile on a regular
24 -hour basis to perform their normal duties, the City will, at City option, provide
a City vehicle or an appropriate allowance for the employee's use of a personal
automobile. The use of a personal automobile for City business will be eligible for
mileage reimbursement in accordance with standard City policy.
y
RESOLUTION NO. 6603 (1989 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY_ OF
SAN LUIS OBISPO ADOPTING THE MANDATORY WATER
CONSERVATION IMPLEMENTATION POLICY STATEMENT
WHEREAS, the City of San Luis Obispo has experienced three (3) consecutive years with
lower than normal rainfall, which has resulted in lower than normal reservoir storage
levels. Using historic water hydrology and demand information, the City developed and
adopted its Annual Water Operational Plan of 1985 under which reductions in demand are
required when predetermined reservoir storage levels are reached.
WHEREAS, the City Council acknowledges that water is a limited resource and therefore
desires to improve the effectiveness of water use within the City's service area and
encourages citizens to use water wisely. To accomplish this, the City will introduce a
mandatory water conservation program using the following elements:
NOW THE BE RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. This Council finds that:
Water use classifications are determined and established by the Director of
Finance.
2. The address resident is the customer in control of the premises and is in
control and responsible for the Water service.
3. The City will establish a life -line water usage allowance of 15 units per
billing cycle. In the event the billing cycle is reduced to a monthly billing
cycle, the life -line water usage allowance will be 7 units.
4. The City will establish a mandatory water conservation percentage reduction
with seasonal allotment .program. The following targets are established by
class of customer for the summer and winter seasons:
% TARGET REDUCTIONS
6603
Summer
Winter
Residential
Single Meter
30
10
Multi - Family
15
10
Commercial /Industrial
10
10
Institutional
40
10
Landscape
70
50
TOTALS
26
12
6603
Resolution No. 6603(1989 Series)
Page Two
5. To encourage compliance with the mandatory water conservation percentage
reduction with seasonal allotment program, there will be a surcharge added to
the water bill if the customer exceeds the required reduction amount. The
surcharge will be 100 percent of the total water bill on which the target
allocation is exceeded. In the event that the customer's consumption exceeds
the base year usage, the surcharge will be 200 percent of the total water
bill. If the customer exceeds his allotment on two billing cycles within a
twelve month period, a flow - restrictor may be installed in the customer's
water supply line at cost to the customer, or the surcharge may be increased
to a higher value. If the customer exceeds his allotment on three or more
billing cycles within a twelve month period, the City may reserve the right to
terminate the water service. Prior to the termination of water service, the
City will provide a due process hearing before the Water Conservation
Adjustment Board.
6. The City, pursuant to Chapter 13.07 of the San Luis Obispo Municipal Code
which prohibits wasting of water, will impose the following penalties to
consumers in violation. The City may:
* Issue a written "warning" for the first. offense;
* Issue a written citation or complaint for the second offense;
* Install a flow - restrictor at the cost of the customer for the third offense,
and;
* Terminate water service for a fourth offense. Prior to the termination of
water service, the City will provide a due process hearing before the Water
Conservation Adjustment Board. The charge for water service termination and
restoration shall be 100 dollars.
7. The City shall establish a Water Conservation Adjustment Board, which may
grant exceptions for uses of water otherwise prohibited by Section 13.07.070.
The procedure for filing a request for exception is:
* Completely fill out an application form which will be evaluated in accordance
with established criteria as approved by the City Administrative Officer.
* The first review will be by the Director of Utilities or designees. The
customer will be notified of the decision by letter.
* If the water customer is not satisfied with the decision, it may be appealed
to the Water Conservation Adjustment Board.
* If the customer is not satisfied with the decision of the Water Conservation
Adjustment Board, it may be appealed to the City Administrative Officer whose
decision shall be final.
8. Requests for exemptions and any subsequent appeals can only be made by the
service customer or property owner.
9. The mandatory water conservation percentage reduction with seasonal allotment
program will be reviewed annually by the City Council in connection with the
Annual Water Operational Plan. Depending on levels of reservoir storage,
restrictions will be reduced, increased, or eliminated.
~ Resolution No. 6601989 Series),
On motion of Counci..viember Rappaseconded by Councilm Jeer Settle and on
the following roll call vote:
AYES: Council-members Rappa, Settle, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT. None
the foregoing Resolution was passed and adopted this 5th day of April;
1989.
ev"MAYOR RON DUNIN
C" CLERK P LA VOGES
APPROVED:
CITY IPMINIS15R&TIVE OFFICER
FINANCE DIRECTOR
UTILITIES DIRECTOR
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Exhibit A
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RESOLUTION NO. 660,2 (1989 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING TWO APPEALS AND UPHOLDING THE PLANNING COMMISSION'S
ACTION APPROVING ADMINISTRATIVE USE PERMIT A 138 -88 LOCATED
AT 1117 -1119 MARSH STREET
WHEREAS, the Hearing Officer considered the proposed conversion of a triplex
apartment to an office and two- bedroom apartment on January 6, 1989, and approved an
administrative use permit A 138 -88 after considering applicant and public testimony,
staff report, and other pertinent information; and
WHEREAS, that decision was appealed by Peter M. Kardel, a neighbor of the
proposed project, and on February 8, 1989, after considering the Hearing Officer's
action, applicant and public testimony, and the staff recommendation, the commission
denied the appeal and approved the use permit subject to five findings, one amended
condition and one added condition; and
WHEREAS, the commission's decision was appeal by Jon Olsen and Peter M. Kardel
and on March 21, 1989; the City Council of the City of San Luis Obispo conducted a public
hearing on the appeal and reviewed relevant evidence and testimony;
NOW, THEREFORE, the Council resolves to take the following action:
SECTION 1. After City Council review and consideration, the Community
Development Director's determination that the project is categorically exempt under CEQA
requirements is hereby affirmed.
SECTION 2. The appeals filed by Jon Olsen and Peter 14 Kardel are hereby denied
and the Planning Commission's action approving Administrative Use Permit A 138 -88 is
hereby upheld, subject to the findings and conditions listed in the attached Exhibit A -1.
On motion of Councilmember Rapper seconded by
Vice -Mayor Pinard and on the following roll call vote:
AYES: Councilmembers Rapp, Pi.nard -and Settle
NOES Councilmembex Settle and Mayor Dunin
ABSENT: None
the foregoing resolution was passed and adopted this 4 t h day of Apr i l
1989.
Mayor "_,._Ron Dunin
AT ST: � J
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C4 Clerk p oges
[INVIN
Council Resolution No. 6 6 0 2 (1989 Series)
Page 2
APPROVED:
Jo Dunn, City Administrative Officer
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Vicky inuncane, Acting City Attorney
lopment Director
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SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 4080 -89
WHEREAS, the Planning Commission of the City of San Luis Obispo
did conduct a public hearing in the City Council Chambers of the San
Luis Obispo City Hall, San Luis Obispo, California on February 8,
1989, pursuant to a proceeding instituted under application No. A
138 -88 by Jon Olsen, applicant.
USE PERMIT AMENDED:
To allow combined office and residential use.
PROPERTY DESCRIPTION:
On file in the office of Community Development, City Hall.
GENERAL LOCATION:
1117 & 1119 Marsh Street
GENERAL PLAN LAND USE ELEMENT:
Office
PRESENT ZONES:
0
WHEREAS, said commission as a result of its inspections,
investigations and studies made by itself, and in behalf and of
testimonies offered at said hearing, has established existence of the
following circumstances:
1. The proposed uses will not adversely affect the health, safety,
and welfare of persons residing or working on the site or in
the vicinity.
2. The uses are appropriate at the proposed location and will be
compatible with surrounding land uses.
3. The proposed uses conform to the general plan and meet Zoning
Regulations.
4. The proposed uses are exempt from environmental review.
Resolution No. 4080 -89
Use Permit A138 -88
Page 2
5. The proposed uses have similar or less severe impacts on their
surroundings in terms of noise, traffic, parking demand, hours
of operation, and visual incompatibility than the existing use.
NOW, THEREFORE, BE IT RESOLVED that application No. A138 -88 be
amended subject to the following conditions:
1. The project shall receive architectural review and approval,
including review of a landscape and irrigation plan.
2. The site shall be maintained in a neat and orderly manner. All.
plant materials shall be maintained and replaced as needed.
3. The applicant shall install an enclosed trash area to the
approval of Community Development Department staff.
4. The applicant shall install street trees along the Marsh Street
frontage to the approval of the City Arborist. Credit may be
given for existing trees that meet city standards.
*5. The applicant shall grant an irrevocable offer of dedication
over San Luis Obispo Creek to the city for public creek access,
open space, maintenance, drainage, and channel improvements.
The easement shall be from twenty (20) feet northwest of the
top of creek bank to the creek centerline to the satisfaction
of the Community Development Director.
6. At least six bicycle parking spaces shall be provided on -site
at all times.
7. Medical, dental, health services and governmental offices are
prohibited.
8. Office gross floor area shall not exceed 1150 square feet
(including 150 square feet for non - habitable circulation and
storage space).
* *9. Applicant shall provide two off -site parking spaces to the
approval of the Community Development Director.
The foregoing resolution was adopted by the Planning Commission
of the City of San Luis Obispo, upon the motion of Commr. Crotser,
Resolution No. 4080 -89
Use Permit A138 -88
Page 3
seconded by Commr. Hainline, and upon the following roll call vote:
AYES: Commrs. Crotser, Hainline, Gerety, Schmidt, Duerk, Kourakis
NOES: Commr. Roalman
ABSENT: None
Michael Multari, Secretary
Planning Commission
DATED: November 30, 1988
* indicates a change to the condition
* *indicates added condition
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Resolution No. 4080 -89
Use Permit A138 -88
Page 3
seconded by Commr. Hainline, and upon the following roll call vote:
AYES: Commrs. Crotser, Hainline, Gerety, Schmidt, Duerk, Kourakis
NOES: Commr. Roalman
ABSENT: None
Michael Multari, Secretary
Planning Commission
DATED: November 30, 1988
* indicates a change to the condition
* *indicates added condition
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RESOLUTION NO. 6 6 0 1 (1989 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRATING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR
TRACT 1261 LOCATED AT 133 ROSITA STREET
WHEREAS, the subdivider requests a twelve -month time extension to meet conditions
necessary to receive final approval, including installation of required improvements; and
WHEREAS, reasonable progress has been made toward completing subdivision improvements
and filing of the final map; and
WHEREAS, the circumstances and findings of original tract approval are unchanged;
NOW, THEREFORE, the City Council resolves as follows:
Section 1. That Tract 1261 is granted a twelve -month time extension to April 2,
1990, subject to original tract map findings and conditions as specified in City Council
Resolution No. 5651 (1985 Series) attached hereto.
Councilmember Councilmember
On motion of Re is s seconded by Rapp a
and on the following roll call vote:
AYES: Councilmembers Reiss, Rappa, Pinard, Settle and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 4 t7 day of A , -; 1
1989.
Mayor Ron Dunin
ATTEST:
_P,"' o' '
City Clerk Pam Ooges
:�118M
Resolution 6 6 0 1 No. 0 1 ( 1989 Series)
Tract 1261
Page 2
APPROVED:
City Ad inistrative Officer
City Attorne
Community Development Director
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RESOLUTION NO. 6600(1989 SERIES)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW
COMMISSION'S ACTION TO APPROVE PROPOSED AMENDMENT TO
LANDSCAPE PLANS FOR 1951 MONTEREY STREET (ARC 86 -102)
WHEREAS, on February 27, 1989, the Architectural Review Commission. approved various
amendments to plans for landscaping a building site at 1951 Monterey Street, said plans
having been approved previously by the ARC pursuant to application ARC 86 -102; and
WHEREAS, on March 6; 1989, the appellant appealed the Architectural Review
commission's action to the City Council; and
WHEREAS, on April 4, 1989, the City Council conducted a duly noticed public hearing
to consider the testimony of the appellant and other interested parties.
NOW, THEREFORE, the council of the City of San Luis Obispo finds that the revised
plans do not provide an adequate landscaped buffer between the proposed project and
adjoining residential uses and upholds the appeal, and requires the applicant to make the
following modifications to the landscape plan, to the approval of the Architectural
Review Commission and this Council:
1. Provide appropriate automatic irrigation for the area below the new
retaining wall, including irrigation for the existing olive tree.
2. Provide tall, fast - growing native shrubs such as Myrica californica (Pacific
Wax Myrtle) in front of the wall.
3. Provide several redwood trees in 30" box sizes or greater immediately along
the rear building face. Provide additional fifteen gallon trees at the toe
of the slope behind the building.
4. Provide compensatory planting for Eucalyptus trees which were removed along
the northerly property line.
5. Provide a landscape performance bond for a minimum period of two years after
landscape installation.
6. Provide an irrigation plan for the site.
7. Provide an elevation drawing of the front of the building showing the
relationship of proposed landscaping (at maturity) to the structure.
8. Submit revised landscape and irrigation plans of the site drawn at a scale
of 1" =10' or larger.
Resolution No. 6600 - (1989: ;Series)
Page 2
On motion of Councilman Settle seconded by Vice -Mayor Pinard and on
the following roll call vote:
AYES: Councilman Settle, Vice -Mayor Pinard, Councilmember Rappa, Reiss and
Mayor Dunin
NOES: None
ABSENT: None
the foregoing document was passed and adopted this 4th day of April , 1989.
ATTEST:
Deputy' City Clerk Becki Austin
APPROVED:
City A ministrative Officer
�.
City Attorneff
Community Development Director
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