HomeMy WebLinkAbout8300-8324RESOLUTION NO. 8324 (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING PROCEDURES FOR ACCOUNTING FOR
COMPLETED CAPITAL IMPROVEMENT PLAN PROJECTS
WHEREAS, the Council has adopted comprehensive policies for preparing, reviewing,
and approving capital improvement plan project (CIP) requests and has implemented systems
for monitoring their status; and
WHEREAS, the Council desires to bring closure to the CIP funding process by
establishing procedures for accounting for completed projects;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the procedures for accounting for completed CIP projects provided in Exhibit 1
and attached hereto are hereby adopted.
On motion of VirP Mayor Sarrla ,seconded by Council Member Roalman
and on the following roll call vote:
AYES: Vice Mayor Settle, Council Members Roalman, Rappa, Romero, and Mayor Pinar
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16 day of August , 1994.
ATTEST:
i
D e Gladwel , Cityltlerk Mayor Peg inard
APPROVED:
Attorney
R -R'19L
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Section 565
ACCOUNTING FOR COMPLETED CIP PROJECTS
OVERVIEW
Under the City's capital improvement plan (CIP) budget policies, funding is designated for
each CIP project when the Financial Plan is adopted. Council approval of annual CIP
appropriations does not automatically authorize funding for specific project phases (study,
design, acquisition or construction); this authorization generally occurs only after the preceding
project phase has been completed and the costs for succeeding phases have been more fully
developed. Accordingly, project appropriations are generally made on "phase by phase" basis
at the time of bid award based on contract costs plus a reasonable contingency for change
orders and unforeseen circumstances. Unless appropriations are subsequently made to specific
project accounts under this system, funding designations lapse after three years.
As the project proceeds, there are a number of systems for monitoring its status, including on-
line financial reports, formal monthly and quarterly financial reports, formal CIP status reports,
ongoing CIP Coordinating Committee review, and comprehensive .procedures for approving
construction change orders as set forth in Section 225 of this manual.
The purpose of this section is to bring. closure to the CIP project funding process by
establishing procedures for accounting for completed projects. Where appropriate, these
procedures also apply to Equipment Replacement Fund (ERF) projects.
GOALS
■ Provide consistency in accounting for completed CIP projects.
■ Improve financial reporting on the status of CIP projects and related effects on the
City's fiscal condition.
■ Assure timely and consistent filing of notices of completion for construction projects.
■ Identify responsibility for approving the use of budget balances from completed
projects.
PROCEDURES
Reporting on Completed Projects
Upon completion of each project, the managing department is responsible for preparing a CAO
Report summarizing its final status. Generally, reports are only required upon the completion
of the construction phase, and should encompass all phases of the project. However, if the
project is not expected to go beyond either the study, design, or acquisition phase, the report
should be prepared upon completion .of the furthest phase. Reports should:
■ Briefly summarize the purpose of project.
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■ Discuss any unusual circumstances or difficulties in completing the project, and
recommend corrective action for the future if appropriate.
■ Compare estimated and actual completion dates.
■ Compare the project budget with actual costs. This comparison should provide
sufficient detail to meaningfully summarize key expenditure areas and project phases.
■ Summarize the status of any outside funding sources such as grants, loans, donations,
or developer- agreements.
■ Identify any outstanding encumbrance balances that should be closed once final contract
payments are made.
■ Transmit the notice of completion for filing by the City Clerk for construction projects.
■ Include a budget amendment request transferring any remaining budget balances to or
from the "completed projects account ".
This account is established in each fund in order to account for net budget balances
resulting from completed projects. This balance is available to fund new projects or
offset shortfalls in existing projects, subject to Council or CAO approval as discussed
below.
Roles and Responsibilifies
■ City Council. Approval by the Council is required for all transfers from the completed
projects account for any new projects as well as for any existing project when the
transfer amount exceeds the CAD's purchasing authority.
■ City Administrative Officer. The CAO is authorized to make transfers to and from.
the completed projects account for existing CIP or ERF projects. The CAO's authority
to transfer balances from this account is limited to. amounts otherwise within his or her
purchasing authority.
■ City Clerk. The City Clerk's Office is responsible for ensuring that notices of
completion for construction projects are appropriately filed.
■ Department of Finance. The Accounting Division of the Department of Finance is
responsible for reviewing completed project reports for fiscal accuracy; processing the
approved budget amendment request and ensuring that project budget balances on the
next monthly financial report will be zero; reducing encumbrances as recommended by
the managing department and ensuring that encumbrance balances will be zero after any
final project contract payments are made; and ensuring that projects completed by the
end of the fiscal year are not carried over into the next fiscal year.
565 -2
■ CIP Coordinating Committee. Members are responsible for reviewing project
completion reports and providing comments to the CAO or managing department as
appropriate when unusual circumstances or difficulties were encountered in completing
the project and corrective action is recommended for the future.
■ ' Operating Departments. Upon completion of a CIP or ERF project assigned to them,
operating departments are responsible for completing timely and accurate CAO Reports
summarizing the project's final status as discussed above and for distributing them to
CIP Coordinating Committee members when unusual circumstances or difficulties were
encountered in completing the project. A sample report is provided in Exhibit A.
MS.&
C
CAO REPORT
August 1.6, 199X
FROM: Sara Logan, Director of Public Works
C ExhibitA
SUBJECT: PROJECT COMPLETION - LAGUNA LAKE DREDGING
The purpose of the Laguna Lake dredging project was to mitigate flooding damage and improve recreational use
of the lake by removing sediment that had built up over time. Prior to this project, the lake had never been
dredged in its entirety, although there had been limited dredging of the Prefumo Arm area on a periodic basis.
Unusual Circumstances or Difficulties
The primary difficulties in completing this project - mitigating environmental concerns and identifying appropriate
methods for disposing of dredged materials - were identified and resolved during the study and design phases.
No significant difficulties were encountered during construction. This project was scheduled to be completed
within 150 days after authorization to proceed; construction was completed within 148 days.
Project Budget Summary
* Soils reports, materials testing
Status of Funding Sources
® Grant funds for this project were awarded in the amount of $125,000 (50% of construction costs).
Because construction costs were less than budgeted by $10,000 ($240,000), $120,000 is the total grant
eligible amount. To date, $100,000 has been requested, and of this amount, $75,000 has been received.
Upon final payment to the contractor, the remaining balance ($20,000) will be requested. No problems
are anticipated in receiving the total eligible amount.
a Zone 9 contributed a fixed amount of $50,000 for this project. All funds have been billed and received.
565 -4.
Original
Budget As
Budget
Amended
Actual
Variance
Study
50,000
39,000
39,000
-
Design
30,000
27,000
25,000
2,000
Construction
Bid Amount
230,000
225,000
.225,000
-
Change Orders
25,000
15,000
10,000
Other Project Costs*
5,000
5,000
3,500
1,500
Construction Management
1 15,000
15,000
12,500
2,500
TOTAL
330,000
336,000
320,000
16,000
* Soils reports, materials testing
Status of Funding Sources
® Grant funds for this project were awarded in the amount of $125,000 (50% of construction costs).
Because construction costs were less than budgeted by $10,000 ($240,000), $120,000 is the total grant
eligible amount. To date, $100,000 has been requested, and of this amount, $75,000 has been received.
Upon final payment to the contractor, the remaining balance ($20,000) will be requested. No problems
are anticipated in receiving the total eligible amount.
a Zone 9 contributed a fixed amount of $50,000 for this project. All funds have been billed and received.
565 -4.
The following is a brief overview of the final funding for this project:
Because $5,000 of the $16,000 in project savings is allocable to grant funding, only $11,000 is recommended for
transfer to the completed projects account in the Capital Outlay Fund. Correspondingly, the budget estimate for
grant revenue in the Capital Outlay Fund should be adjusted downward by $5,000. (See attached budget
amendment request).
Contract Status
Original
Budget
Budget As
Amended
Actual
Variance
General Fund
155,000
161,000
150,000
11,000
Zone 9
50,000
50,000
50,000
-
Federal Grant
125,000
125,000
120,000
5,000
TOTAL
330,000
.336,000
320,000
16,000
Because $5,000 of the $16,000 in project savings is allocable to grant funding, only $11,000 is recommended for
transfer to the completed projects account in the Capital Outlay Fund. Correspondingly, the budget estimate for
grant revenue in the Capital Outlay Fund should be adjusted downward by $5,000. (See attached budget
amendment request).
Contract Status
' Including final payments which will be processed within the next 30 days pending publishing the notice
of completion.
Combined with the attached budget amendment request, reducing the Wepus Construction Management and SSN
Associates encumbrance balances as indicated above should result in "zero" balances for all phases of this project.
ATTACHMENTS
■ Notice of completion
■ Budget amendment request closing project balances
FM U65.WP
565 -5
Original
Contract
Amount
Change
Orders
Total
Costs*
Contract
Balance
Wepus Management
15,000
-
12,500
2,500
Smith Construction
225,000
15,000
2401 000
-
SSN Associates
27,000
-
25,000
2,000
' Including final payments which will be processed within the next 30 days pending publishing the notice
of completion.
Combined with the attached budget amendment request, reducing the Wepus Construction Management and SSN
Associates encumbrance balances as indicated above should result in "zero" balances for all phases of this project.
ATTACHMENTS
■ Notice of completion
■ Budget amendment request closing project balances
FM U65.WP
565 -5
Recording Requested by and
When Recorded Mail to:
City Clerk
City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403 -8100
C C
Exhibit —J
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1.. The undersigned is owner or agent of owner of interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of San Luis Obispo
3. The FULL ADDRESS of the OWNER is 990 Palm Street, San Luis Obispo, California 9-';401
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee.
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, who hold such interest or estate with the
undersigned as JOINT TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred
subsequent to the commencement of the work of improvement herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was COMPLETED .August 1, 199X
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
Smith Construction
9. The street address of said property is
10. The property on which said work of improvement was completed is in the City of San Luis Obispo, County of San Luis
ibis o State of California, and is described as follows:_ Laguna Lake Dredging
Specification No. 9X -123
Verification for NON - INDIVIDUAL owner. 1, the undersigned, declare under penalty of perjury under the laws of the State of
California that I am the City Clerk of the aforesaid interest or estate in the property described in the above notice; that I have
read the said notice, that I know and understand the contents thereof, and that the facts slated therein are true and correct.
(Signature of person signing on behalf of owner.)
(Date and Place)
565 -6
C\` Exhibi Q
city of san Luis osispo NUMSEFi
BU6g6t amendment Request
REGUESTING DEPAR PMENT
FUND AMENDED
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AMENDMENTS
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ACCOUNT DESCRIPTION
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PURPOSE
DEPARTMENT HEAD
DATE
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565 -7
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RESOLUTION NO. 8323 (1994 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY CLERK AND RESCINDING RESOLUTION
NO. 8298 (1994 SERIES) IN CONFLICT
WHEREAS, the City Council establishes the salary range for, among other positions, the City
Clerk, in the Management Compensation Plan for Appointed Officials, et.al., Resolution No. 8317,
0 994 Series); and
WHEREAS, by Resolution No. 8048 (1992 Series), the City Council appointed Diane Gladwell
as City Clerk; and
WHEREAS, the City Council has evaluated compensation factors for the City Clerk in
accordance with the Management Compensation Plan for Appointed Officials et.al. (Resolution No.
8317 - 1994 Series); and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Effective April 7, 1994, the City Clerk's salary shall increase from $4,450 per
month to $4,837 per month.
SECTION 2. Resolution No. 8298, (1994 Series), is hereby rescinded. All other compensation
.and benefits afforded the City Clerk under the Appointed Officials Compensation Plan (Resolution No.
6604 - 1989 Series and Resolution No. 8317 - 1994 Series), and the City Clerk Employment
Agreement (Resolution No. 8048 - 1992 Series) not superseded by the above, shall remain in full force
and effect..
SECTION 3. The City Council shall evaluate the performance of the City Clerk annually.
On motion of Vice Mayor Settle , seconded by Council Member Roaln)an
and on the following roll call vote:
AYES: Vice Mayor Settle, Council Members Roalman, Rappa, Romero, and Mayor Pinard
NOES: None
ABSENT: None
R -8323
Resolution No. 8323 (1994 Series)
Page 2
The foregoing Resolution was passed and adopted this 16th day of August 1994.
MAYOR PE INA D
ATTEST:
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APPROVED AS TO FORM:
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RESOLUTION NO. 8322(1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE CITY'S GRANT MANAGEMENT POLICY
WHEREAS, grant sources are becoming an even more important part of the City's
overall resource picture in light of state takeaways and decreased General Fund revenues; and
WHEREAS, the Council desires to establish an overall framework for guiding the City's
use and management of grant resources;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the grant management policy provided in Exhibit A and attached hereto is hereby
adopted.
On motion of vice Mayor Settle ,seconded by Council Member Roalman
and on the following roll call vote:
AYES: Vice Mayor Settle, Council Members Roalman, Rappa, Romero, and Mayor Pinar
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16thday of August , 1994.
ATTEST:
i
We Gladwell, Cjo Clerk Mayor Pe inard
APPROVED:
• _ • �/'
CitfAttorney
R -8122
GRANT MANAGEMENT POLICY
OVERVIEW
n Exhib� _....
With state- takeaways and continued decreases in key General Fund revenues, grant revenues have become an even
more important part of the City's overall resource picture, especially in funding capital improvements. Although
grant programs themselves are being reduced and becoming more competitive, actively seeking out grant revenues
that assist in achieving identified City goals and objectives should nonetheless play a key role in the City's overall
financial health strategies.
The purpose of this policy is to set forth an overall framework for guiding the City's use and management of
grant resources.
GOALS
■ Set forth the importance of grant programs in accomplishing City goals and objectives.
■ Establish general concepts and framework for seeking and managing grant programs.
■ Identify roles and responsibilities in managing grant programs.
■ Establish criteria for evaluating the benefits and costs of grant programs.
■ Set forth the City's policy in complying with Single Audit Act requirements.
GENERAL CONCEPTS AND FRAMEWORK
■ The City will aggressively pursue grant funding from federal, state, and other sources, consistent with
identified City goals and objectives.
■ Aside from entitlement grants,' the City should focus its efforts on securing grants for capital
improvements. This approach will allow the City to compete for projects we might not otherwise be able
to afford while maintaining financial independence should future grant sources diminish. Grants for
operating purposes may be considered on a case -by -case basis after careful consideration of the benefits
of the program and the ongoing impacts on the City if grant funding is no longer available.
■ Until the City's financial situation significantly improves, we should avoid grants that fund "pilot"
operating programs or short-term staffing enhancements to existing programs. Taking on these programs
could ultimately aggravate the City's fiscal position should the desire for the program remain once the
grant funding is no longer available.
■ The City will only seek grants when sufficient staff resources are available to effectively administer the
program in compliance with grant requirements and successfully perform the grant workscope.
■ Indirect costs of administering grant programs will be recovered to the maximum extent feasible.
■ Operating departments have the primary responsibility for seeking out grant opportunities, for preparing
effective grant applications, and for successfully managing grant programs after they have been awarded.
■ Operating departments should develop a simple system that tracks grant funding availability in their
functional areas. Using this system, all capital improvement plan project requests will evaluate and
document the ability of grants to assist in funding the project.
ROLES AND RESPONSIBILITIES
A. City Council
1. Approves grant management policies.
2. Approves all grant applications and delegates receipt and contract execution to the CAO if
delegation is allowed by the grantor agency.
B. City Administrative Officer
1. Receives grants and executes related contract documents when delegated to do so by the
Council.
2. Develops, recommends and maintains grant management policies.
C. Operating Departments
1. Develop systems for maintaining ongoing information regarding grant availability within their
functional areas of responsibility.
2. Evaluate benefit and costs of specific grant programs on a case -by -case basis:
a. Purpose of the grant program and its consistency with identified City goals and
objectives.
b. Additional staffing, office space, facilities, supplies or equipment that will be required
if the grant is awarded.
C. Ongoing impacts of the grant program after it is completed.
d. Responsibilities of other departments and impacts on them, in preparing the grant
application or performing workscope if the grant is approved.
e. Amount of indirect cost to be recovered from the grant.
f. Total program costs, including portion funded through grant revenues and any required
City contribution.
g. Source of funding for any required City share.
h. Compliance and audit requirements.
3. Prepare grant applications.
a. Work with the grantor agency in identifying special program requirements and
developing strategies for preparing a successful grant application.
b. Complete grant application documents.
C. Coordinate with affected departments as necessary.
d. Prepare a Council agenda report requesting authorization to seek grant funding. This
report should describe the grant program's conformance with this policy, including the
results of the cost/benefit analysis.
4. Administer grant programs if awarded.
a. Prepare a CAO report (or Council agenda report if required by the grantor agency)
accepting grant award, including grant summary form, budget amendment request, and
any other required City forms or documents.
b. Coordinate execution of grant documents by the CAO and return executed documents
to grantor agency.
C. Notify affected departments of grant award.
d. Maintain financial and other records in accordance with grant requirements.
e. Complete and submit required reports, including requests for funds.
f. Monitor grant expenditures and receipt of revenues.
g. Coordinate on -site management reviews by the grantor agency during the grant term.
h. Perform the grant workscope.
5. Complete grant close -out.
a. Complete the grant workscope.
b. Notify affected departments that the project is completed and schedule a "close -out"
meeting if necessary to resolve any final procedural issues.
C. Ensure final receipt of grant revenues.
d. Prepare and submit any required grant close -out documents.
e. Review grant file for completeness.
f. Retain all necessary program and financial records for the period of time required by
grantor agency.
g. Coordinate any on -site management reviews or audits after the grant is completed.
h. Resolve any audit findings.
L Ensure that the City's policy regarding single audit act requirements is implemented as
discussed below.
D. Department of Finance
1. Provides technical assistance to operating departments in preparing grant applications, submitting
reports and maintaining records.
2. Coordinates preparation and distribution of single audit reports.
E. Other Departments
Provide assistance to the managing department as identified during the grant application and award
process.
C C
SINGLE AUDIT ACT REQUIREMENTS
Background
The City is subject to the financial and compliance requirements of the Single Audit Act of 1984, which is
applicable to all local and state governments receiving federal financial assistance exceeding $100,000 for a fiscal
year. The purpose of the Act is to:
■ Improve the financial management and accountability of state and local governments with respect to
federal financial assistance programs.
E Establish uniform requirements for audits of federal grants.
■ Promote efficient and effective use of audit resources.
■ Assure that federal departments and agencies rely upon and use audit work performed during a single
audit rather than performing the audit work themselves.
Under this Act, federal grants are included under an inclusive single audit program which is incorporated into the
City's annual audit and financial report preparation process. During the audit, tests are made to determine the
adequacy of the internal control structure, including that portion related to federal financial assistance programs,
as well as to determine that the City has complied with applicable laws and regulations.
City's Policy Regarding the Single Audit Approach
For federal grants included in the scope of the City's single audit approach, it is the City's policy that all financial
and compliance issues have been met through the single audit, and follow -up audits to determine these issues are
not necessary unless specifically related to findings or recommendations included in the single audit report. As
noted above, the purpose of the Act is to establish uniform audit requirements, promote efficient use of audit
resources, and assure that federal agencies rely upon audit work already completed; its purpose is not to audit
local agencies twice. Accordingly, the City will strongly resist any efforts by federal agencies to duplicate audit
work already performed in complying with Act requirements. As such, whenever federal grantor agencies request
final audits, the managing department should notify the Department of Finance in order to ensure a consistent
response to these types of requests.
FWAWMANIMG2.CAR
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,SOLUTION NO. 8321(1994 SERI..'/'
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO PROCLAIMING
THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Government Code Section 8630 et seq., and Municipal Code Section
2.24.060 empower the City Council to proclaim the existence or threatened existence of a
local emergency when the City is affected or likely to be affected by a public calamity or
crippling disaster; and
WHEREAS, conditions of extreme peril to the safety of persons and property have
arisen within the City of San Luis Obispo caused by the threat of fire arising out of the
Highway 41 fire; and
WHEREAS, the City Council does hereby find that the aforesaid conditions of
extreme peril warrant and necessitate the proclamation of the existence of a local
emergency;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows: It is hereby proclaimed that a local emergency exists throughout the
City; and
BE IT FURTHER RESOLVED that said local emergency' shall be deemed to
continue to exist until its termination is proclaimed by the City Council of the City of San
Luis Obispo, California.
Upon motion of Romero , seconded by Settle , and on
the following roll call vote:
AYES: Council Members Romero, Settle,_ Rappa, Roalm_an, and Mayor Pi_nard
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16 day of August. 1994 at 8.:ooA.M.
in the City of San Luis Obispo..
ATTEST:
APPROVED AS TO FORM:
• i /tea,
� r
(ji4-
Peg Pina , Mayor
R -8321
I
RESOLUTION NO. 8320 (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO AUTHORIZE PURCHASE OF TAX DEFAULTED PROPERTY AND
AUTHORIZE THE MAYOR TO SIGN THE PURCHASE AGREEMENT
WHEREAS, the City Council of the City of San Luis Obispo places great emphasis on the
acquisition of open space, and
WHEREAS, the County of San Luis Obispo has made available tax defaulted properties for
government purchase, and
WHEREAS, two properties have been identified on Calle Joaquin Road as available, and
WHEREAS, those two properties are advantageous for open space acquisition.
NOW, THEREFORE, BE IT RESOLVED, the City of San Luis Obispo does hereby wish
to purchase said two properties and authorize the Mayor to. sign a purchase agreement with the
County of San Luis Obispo on behalf of the City of San Luis Obispo towards the purchase of the
two properties.
Upon motion of settle ,seconded by Romero and on the
following roll call vote:
AYES: Council Members Settle, Romero, Roalman and Mayor Pinard
NOES: None
ABSENT: Council Member Rappa
the foregoing resolution was adopted this 27th day of July , 1994.
r
ATTEST:
Oi"e Gladwell, CUy Clerk
/.....�.N
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PAP
Mayor Peg mard
R 8320
�noPer- Z ever ppuure�ase d 1i owr\lw per
(fit tn�y . �Z � \ IOA-
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RESOLUTION NO. 8319
(1994 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1,
1994 - JUNE 30, 1996
BE IT RESOLVED by the Council of'the City of San Luis Obispo as follows:
Section 1. The Memorandum of Agreement between the City of San Luis
Obispo and the San Luis Obispo Police Staff Officers' Association ( SLOPSOA),
attached hereto as exhibit "A" and incorporated herein by this reference, is hereby
adopted and ratified.
Section 2. The Finance Director shall adjust the Personnel Services
appropriation accounts to reflect the negotiated compensation changes.
Section 3. The City Clerk shall furnish a copy of this resolution and a copy
of the executed Memorandum of Agreement approved by Tony Costa, SLOPSOA
President and Ann Slate, Personnel Director.
On motion of Settle
and on the following roll call vote:
,seconded by Romero
AYES: Council Members Settle, Romero, Rappa, Roalman and Mayor Pinard
NOES: None
ABSENT: None
R8319
Resolution No. 8319 (1994 Series)
Page 2
the foregoing Resolution was passed and adopted this 26th day of July, 1994.
ATTEST:
Mm" mA
APPROVED AS TO FORM:
I*EN,,j6ITY ATTORNEY
Smoa:94 ftolution
Ira
7/,-) - ?,%`�� o
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION
JULY 1, 1994 - JUNE 30, 1996
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TABLE OF CONTENTS
Da Page No.
Parties to Agreement ....................
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Recognition ...........................
Check. Off /Dues Deduction
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Rights
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Employee .......................
Management Rights .....................
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Role
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Representative .....................
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Renegotiations ........................
Salary ..............................
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Salary Survey Agencies
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Payday.............................
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General Provisions .....................
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Care Insurance
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Health
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Retirement ..........................
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Uniform Allowance ....................
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Holidays ............................
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Leave
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Vacation .......................
Administrative Leave ...................
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Leave
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Sick ..........................
Family Leave .........................
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Bereavement Leave ....................
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Grievance Procedure
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Full Agreement .......................
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Savings Clause .......................
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Term of Agreement ....................
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Authorized Agents .....................
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Term of Agreement ....................
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ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this day of July, 1994, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the
San Luis Obispo Police Staff Officers' Association, hereinafter referred to as the
Association.
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ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620
(1989 Series), the City hereby recognizes the San Luis Obispo Police Staff Officers
Association as the exclusive bargaining representative for purposes of representing
regular and probationary employees occupying the position classifications of
Communications Supervisor, Police Sergeant, Police Lieutenant and Police Captain
for the duration of this Agreement.
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ARTICLE 3
CHECK OFF /DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the
Association on a semi - monthly basis for the duration of this Agreement, which
dues shall not include assessments.
Monthly dues deduction, additions, and /or deletions shall be recorded by the City's
Finance Officer and a notification of all dues transactions shall be sent semi-
monthly to the Association President.
The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions.
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ARTICLE 4
EMPLOYEE. RIGHTS
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Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer - employee relations including, but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to join or participate in the
activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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1 ARTICLE 5
2 MANAGEMENT RIGHTS
3 The rights of the City include, but are not limited to, the exclusive right to
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determine the mission of its constituent departments, commissions and boards; set
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6 standards of service; determine the procedures and standards of selection for
7 employment and promotion; direct its employees; take disciplinary action; relieve
8 its employees from duty because of lack of work or for other legitimate reasons;
9 maintain the efficiency of government operations; determine the methods, means
10 and personnel by which government operations are to be conducted; determine the
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content of the job classifications; take all necessary actions to carry out its mission
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13 in emergencies; and exercise complete control and discretion over its organization
14 and the technology for performing its work.
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ARTICLE 6
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization and one
employee observer to meet and confer with the Municipal Employee Relations
Officer and other management officials (after written certification of such selection
is provided by an authorized official of the organization) on subjects within the
scope of representation during regular duty or work hours without loss of
compensation or other benefits. The employee organization shall, whenever
practicable, submit the name(s) of each employee representative to the Municipal
Employee Relations Officer at least two working days in advance of such meetings.
Provided further:
(1) That no employee representative shall leave his or her duty or
work station or assignment without specific approval of the
department head or other authorized City management official.
If employee representatives cannot be released, date of
meeting will be rescheduled in accordance with item (2)
below.
(2) That any such meeting is subject to scheduling by City
management consistent with operating needs and work
schedules. Nothing provided herein, however, shall limit or
restrict City management from scheduling such meetings
before or after regular duty or work hours.
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ARTICLE 7
RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make
changes to this Agreement, that party shall serve upon the other, its written
request to negotiate, as well as its initial proposals for an amended Agreement.
Such notice and proposals must be submitted to the other party between 15 April
and 1 May. If notice is properly and timely given, negotiations shall commence no
later that 15 May.
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ARTICLE 8
SALARY
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SECTION A: SALARY PROVISION FOR THE TERM OF AGREEMENT
Effective the first day of the first period of July, 1994, salaries shall be increased
by two and one half percent (2 1/2 %).
SECTION B: RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of five steps (1 through 5). Steps 1 through
4 equal 95% of the next highest step, computed to the nearest one
dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across -the board % salary increase shall raise step 5 of the
respective range by the %. After all step 5's of salary ranges have been
established, each step 5 shall be rounded off to the nearest $ 1.00 and
the remaining steps established in accordance with the above formula.
12. The time in step progression for employees with satisfactory
performance will be as follows:
6 months at Step 1
6 months at Step 2
1 year at Step 3
1 year at Step 4
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3. Employees who are eligible for advancement to step 4 or 5 after July 1,
1988, must receive a "Meets Performance Standards" or better on the
overall rating on their most recent Performance Appraisal prior to or
coincident with their being eligible for advancement by time in grade.
4. The department head shall be authorized to reevaluate employees who
reach Step 5 in their pay range. An employee who is not performing up
to standard for the fifth step shall be notified in writing that the
department head intends to reduce him one step unless his job
performance improves significantly within a 60 -day period. Unless the
employee's job performance improves to an acceptable level by the end
of 60 days, the pay reduction shall then become effective. The fifth
step may be reinstated at any time upon recommendation of the
department head. If the department head deems it necessary to again
remove the fifth step during the same fiscal year, he may make the
change at any time with three business days' advanced written notice.
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ARTICLE 9
SALARY SURVEY AGENCIES
For purposes of external comparisons the agencies to be used for review of
compensation shall be those agencies `used for review in Management
Compensation. These currently include:
Camarillo
Davis
Monterey
Napa
Palm Springs
Petalumla
San Juan Capistrano
Santa Barbara
Santa Cruz
Santa Maria
Ventura
Visalia
The list may be changed by mutual agreement.
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ARTICLE 10
PAYDAY
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
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ARTICLE 11
GENERAL PROVISIONS
PAYCHECKS PRIOR TO VACATION:
If an employee is taking vacation leave and wishes to receive his regular paycheck
before payday, the employee must notify the Finance Department in writing at
least two weeks prior to the start of vacation provided the employee has sufficient
vacation time coming to cover the pay period.
MANAGEMENT BENEFIT:
Employees filling these positions shall receive $25,000 term life insurance and
long -term disability insurance, paid by the city, for recognition of their management
responsibilities.
OVERTIME:
All positions shall be considered exempt and not eligible for overtime payment or
any return to work minimums or compensation time off except as noted under
Administrative Leave or due to extraordinary circumstances specifically ordered by
the Police Chief.
WORKING CONDITIONS:
An officer's place of residence shall be within a forty (40) minute driving radius
from the San Luis Obispo Police Department.
EDUCATION INCENTIVE PAY - LINE UP PAY - LONGEVITY PAY:
All positions shall be considered Mid- Management and not eligible for educational
incentive pay, line up pay, longevity pay, or other special pays.
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ARTICLE 12
HEALTH CARE INSURANCE.
A. CONTRIBUTION
City agrees to contribute $400.00 per month for medical, dental, vision
and life insurance for each regular, full -time employee covered by this
Agreement.
B. INSURANCE COVERAGE
1. PIERS Health Benefit Program
The City has elected to participate in the PIERS Health Benefit
Program with the "unequal contribution option" at the PIERS
minimum contribution rate, currently $16.00 per month for
active employees and $1.00 per month for retirees. The
City's contribution toward retirees shall be increased by five
(5 %) percent per year of the City's contribution for'the active
employees until such time as the contributions for employees
and retirees are equal. The City's contribution will come out
of that amount the City currently contributes to employees as
part of the Cafeteria Plan. The cost of the City's participation
in PERS will not require the City to expend additional funds
toward health insurance beyond what is already provided for
above in Section A. In summary, this cost and any increases
will be borne by the employees.
2. Health Insurance Coverage 0 tional Part ici a i n
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Employees with proof of medical insurance elsewhere are not
required to participate in the PERS Health Benefit Program and
may receive the unused portion of the City's contribution
(after dental and vision is deducted) in cash in accordance
with the City's Cafeteria Plan. Those employees will also be
assessed $16.00 per month to be placed in the Retiree Health
Insurance Account. This account will be used to fund the
Retiree Health Insurance Account. This account will be used
to fund the City's contribution toward retiree premiums and
the City's costs for the Public Employee's Contingency
Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this
purpose nor any guarantee that they will be sufficient to fund
retiree health costs, although they will be used for negotiated
employee benefits.
3. Dental and Vision Insurance /Dependent Coverage
Employees will be required to participate in the City's dental
and vision plans at the employee only rate. Should they elect
to cover dependents in the City's dental and vision plans, they
may do so, even if they do not have dependent coverage
under PERS.
�. LIFE INSURANCE
Employees in the Police Staff Officers Unit shall have life insurance
coverage of Twenty -five Thousand Dollars ($25,000).
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1 D. MEDICAL PLAN REVIEW COMMITTEE
2 The Association shall appoint two voting representatives to serve on a
3 Medical Plan Review Committee. In addition, the Association may
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appoint one non - voting representative to provide a wider range of
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6 viewpoint for discussion. The vote of each voting representative shall
7 be weighted according to the number of employees represented by the
8 Association.
9 1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW
10 COMMITTEE
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a. review and suggest changes for the City's flexible benefits plan
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13 and the insurance plans offered under the MOA
14 b. submit to the City and its employee associations recommendations
15 on proposed changes for the City's flexible benefits plan and the
16 insurance plans offered under the MOA
17 C. disseminate information and educate employees about the City's
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flexible benefits plan and the insurance plans offered under the
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21 d. participate in other related assignments requested by the City and
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23 2. MISCELLANEOUS
24 a. The actions of the Medical Plan Review Committee shall not
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preclude the Association and the City from meeting and conferring.
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b. No recommendation of the Medical Plan Review Committee on
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completion of meet and confer requirements between the City and
Association.
C. If changes to the City's flexible; benefits plan are subject to meet
and confer requirements, the City and the Association agree to
meet and confer in good faith
d. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has approved
the consultation and fees in advance.
E. City agrees to continue its contribution to the Cafeteria Plan for two (2)
pay periods in the event that an employee has exhausted all paid time
off due to an employee's catastrophic illness. That is, the employee
shall receive the regular City health benefit contribution for the first two
pay periods following the pay period in which the employee's accrued
vacation and sick leave balances reach zero (0).
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ARTICLE 13
RETIREMENT
Effective 1 July 1987, City agrees to provided PERS 2% at 50 for sworn personnel
with four amendments, namely, Post Retirement Survivor Allowance, the 1959
Survivor's Benefit, age 50 voluntary retirement, and one -year final compensation.
All employees hired as sworn officers on or after 1 July 1987 shall have their final
compensation for retirement purposes figured on their highest three (3) years.
Effective the first day of the first pay period following July 1, 1.996, the City will
discontinue paying the employees' share of the PERS Contribution (9 %). The 9%
will be added to the base salary schedule, and reported as compensation to PEAS.
The employee will pay directly to PERS their contribution amount on a pre -tax basis
pursuant to Section 414 (n) (2) of the Internal Revenue Code (IRC).
The employee will be responsible for any and all tax liability incurred should the IRC
provision become invalid after July 1, 1996. In the event that the IRS or PERS
declares this provision invalid prior to July 1, 1996, the City agrees to reopen this
agreement and meet and confer on this issue specifically.
The City further agrees to provide PERS with the necessary resolution and
notification to fully implement this provision in accordance with PERS regulations.
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ARTICLE 14
UNIFORM ALLOWANCE
Each employee required to wear a uniform shall receive an annual uniform
allowance as provided below and is expected to purchase and maintain in good
repair all required uniform pieces.
The uniform allowance shall be $775.00.
This shall be issued to the employee each July in a lump sum payment on a
separate check exclusive of any taxes or other withholding unless specifically
required by federal or state law.
If an employee is off duty for more than three (3) pay periods, the following July's
allowance shall be reduced by the appropriate prorated amount.
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ARTICLE 15
HOLIDAYS
For all employees, holiday leave shall be accrued as earned each payroll period at a
rate of 8 hours per month. The following days of each year are designated
holidays for non -shift employees:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
One -half day before Christmas Day
December 25 - Christmas
One -half day before New Year's Day
One Floating Holiday
When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
Except with the prior approval of the Chief, non -shift personnel shall take the
holidays as scheduled above.
If the department is unable to allow shift employees to take holiday leave,
the Chief may approve payoff of holiday leave on a straight time basis. The
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payoff may occur once quarterly. This payoff is subject to
annual approval of the Chief.
Shift employees may accrue a maximum of holiday time not to exceed their
annual rate.
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ARTICLE 16
VACATION LEAVE
A. Each incumbent of a 40 hour week line -item position shall accrue vacation.
leave with pay at the rate of 96 hours per year of continuous service since
the benefit date for the first five years, 120 hours per year upon completion
of five years, 144 hours per year upon completion of ten years, and 160
hours upon completion of twenty years. Employees scheduled for more than
40 hours a week shall receive the equivalent number of vacation days pro-
rated to the number of regularly scheduled work hours.
B. An incumbent is not eligible to use vacation leave until accrued.
C. A regular employee who leaves the City service shall receive payment for any
unused vacation leave.
D. Vacation schedules must be reviewed by management prior to the scheduled
vacation. Vacation schedules will be based upon the needs of the City and
then, insofar as possible, upon the needs of the City and then, insofar as
possible, upon the wishes of the employee. Management may not deny an
employee's vacation request if such denial will result in the loss of vacation
accrual by the employee, except that, management may approve a two
month extension of maximum vacation accrual. However, in no event shall
more than one such extension be granted in any calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave as defined in Section 2.36.420A may have such time credited as
sick leave under the following conditions.
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1. A physician's statement certifying that illness, injury or exposure to
contagious disease has occurred is presented to the supervisor upon
returning to work.
2. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage. (Ordinance No. 782 1978
Series)
F. Vacation leave shall be accrued as earned each payroll period, provided that
not mote than twice the annual rate may be carried over to a new calendar
year. It shall be the responsibility of the employee to plan vacations and
receive departmental approval in a timely manner.
G. All employees in this unit are eligible once annually in December, to request
payment for up to 40 hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
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ARTICLE 17
ADMINISTRATIVE LEAVE
All members of unit are exempt from paid overtime except as specifically
authorized by the Police Chief due to extraordinary, circumstances. In general,
management employees are expected to work the hours necessary to successfully
carry out their duties and frequently must return to work or attend meetings and
events outside their normal working hours.
In recognition of these requirements and the 24 -hour staffing requirements of
Police Departments, all members of this unit shall be afforded flexibility in
managing their work load and time and are eligible to take a maximum of 64 hours
per calendar year of Administrative Leave. Such leave may be taken at any time
during the year, however, in cases where a person is not actively employed in an
exempt position with the city during the full year such leave shall be prorated or if
the yearly amount earned is changed during the year the amounts shall be
prorated. For purposes of computing monthly amounts the rate of 5.33 hours per
month may be used. Employees may request up to 40 hours of unused
Administrative Leave to be paid in cash provided that total taken and paid does not
exceed 64 hours during the calendar year.
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ARTICLE 18
SICK LEAVE
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Accumulation of sick leave days shall be unlimited.
Upon termination of employment by death or retirement, a percentage of the dollar
value of the employee's accumulated sick leave will be paid to the employee, or
the designated beneficiary or beneficiaries according to the following schedule:
(a) Death - 25%
(b) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment - 10%
(2) After twenty years of continuous employment - 15%
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ARTICLE 19
FAMILY LEAVE
A. An employee may take up to two (2) days (16 hours) of sick leave per year if
required to be away from the job to personally care for a member of his /her
immediate family.
B. An employee may take up to five (5) days (40 hours) of sick leave per year if
the family member is part of the employee's household.
C. An employee may take up to seven (7) days (56 hours) of sick leave per year
if the family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined as spouse, child,
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brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister,
grandparent, or any other relative living in the same house hold.
The amounts shown in A, B, and C above are annual maximums, not
maximums per qualifying family member.
In conjunction with existing leave benefits, Unit employees with one year of
City service who have worked at least 1280 hours in the last year, may be
eligible for up to 12 weeks of Family /Medical Leave within any 12 month
period. Family /Medical Leave can be used for:
1. A new child through birth, adoption or foster care (maternal or
paternal leave).
2. A seriously ill child, spouse or parent who requires hospitalization
or continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
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4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the existing
four month Pregnancy - Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personnel illness will be subtracted from the 12
weeks allowed by the Family /Medical Leave Program. Employees must use all
available vacation, compensatory time and administrative leave and, if appropriate,
sick leave prior to receiving unpaid Family /Medical Leave.
Employees on Family /Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive
cash back under the City's Flexible Benefit Plan will not receive that cash during
the Family /Medical Leave. Only City group health insurance premiums will be paid
by the City.
If an employee does not return to work following leave the City may collect the
amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
1. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family /Medical Leaves, are available through the City's "Guide to
Family /Medical Leave Program ".
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ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent. from, duty due to
the death of a member of the employee's immediate family, meaning spouse, child,
brother, sister, parent, parent -in -law, step - parent, step - brother, step- sister,
grandparent, or any other. relative living in the same household, provided such
leave as defined in this section shall not exceed 40 working hours for each
incident. The employee may be required to submit proof of relative's death before
being granted sick leave pay. False information concerning the death or
relationship shall be cause for discharge.
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ARTICLE 21
GRIEVANCE PROCEDURE.
A grievance is defined as an alleged violation, misinterpretation or misapplication of
the personnel rules and regulations or of any Memorandum of Agreement,
excluding disciplinary matters, or any existing written policy or procedure relating
to wages, hours or other terms and conditions of employment excluding
disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
C
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supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative to
accompany him /her at each step of the process. If the matter can be
resolved at that level to the satisfaction of the employee, the grievance shall
be considered terminated.
If still dissatisfied, the employee may immediately submit the grievance in
writing to the department head for consideration, stating the facts on which
it was based, including the provision of the rules, regulations, or agreement
said to be violated, and the proposed remedy. This action must take place
within fifteen 0 5) business days of the occurrence of the grievance. The
department head shall promptly consider the grievance and render a decision
in writing within fifteen 0 5) business days of receiving the written grievance.
If the employee accepts the department head's decision, the grievance shall
be considered terminated.
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1 C. If the employee is dissatisfied with the department head's decision, the
2 employee may immediately submit the grievance in writing to the Personnel
3 Director within five (5) business days of receiving the department head's
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decision. The Personnel Director shall confer with the employee and the
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6 department head and any other interested parties, and shall conduct such
7 other investigations as may be advisable.
8 D. The results or findings of such conferences and investigations shall be
9 submitted to the City Administrative Officer in writing within fifteen (15)
10 business days of receiving the employee's written request. The City
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Administrative Officer will meet with the employee if the employee so desires
12
13 before rendering a decision with respect to the complaint. The City
14 Administrative Officer's decision shall be in writing and given to the
15 employee within fifteen (15) business days of receiving the Personnel
16 Director's results and findings. Such decision shall be final unless employee
17 desires the Personnel Board to review the decision. If such is the case, the
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employee will have five (5) business days following receipt of the City
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20 Administrative Officer's decision to submit a written request to the Personnel
21 Board through the Personnel Director for a review of the decision. The
22 Personnel Board within thirty (30) business days shall review the record and
23 either (1) issue an advisory opinion to the City Administrative Officer; or (2)
24 conduct a hearing on the matter. If a hearing is held, an advisory opinion
25
shall be rendered by the Board within ten (10) business days of the close of
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27 such hearing. If an opinion signed by at. least three (3) members of the
28 Personnel Board recommends overruling or modifying the City Administrative
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Officer's decision, the City Administrative Officer shall comply or appeal this
recommendation to the City Council. Such appeal shall be filed with the City
Clerk within three (3) business days of the Board's action. If appealed, the
City Council shall review the case on the record and render a final decision
within fifteen (15) business days of submittal.
30
1 ARTICLE 22
2 FULL AGREEMENT
3 It is understood this Agreement represents a complete and final understanding on
4
all negotiable issues between the City and the Association. This Agreement
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6 supersedes all previous Memoranda of Understanding or Memoranda of Agreement
7 between the City and the Association except as specifically referred to in this
8 Agreement. In the event any new practice or subject matter arises during the term
9 of this Agreement and an action is proposed by the City, the Association will be
10 afforded notice and shall have the right to meet and confer upon request.
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1 ARTICLE 23
2 SAVINGS CLAUSE
3 If any provisions of this Agreement should be held invalid by operation of law or by
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any court of competent jurisdiction, or if compliance with or enforcement of any
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6 provision should be restrained by any tribunal, the remainder of this Agreement
7 shall not be affected thereby, and the parties shall enter into a meet and confer
8 session for the sole purpose of arriving at a mutually satisfactory replacement for
9 such provision within a thirty (30) day work period. If no agreement has been
10 reached, the parties agree to invoke the provision of impasse under Section 13 of
11
City Resolution No. 6620.
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C.
1 ARTICLE 24
2 TERM OF AGREEMENT
3
This Agreement shall become effective upon adoption of Council, except that
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those provisions which have specific implementation dates, shall be implemented
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6 on those dates and shall remain in full force and effect until midnight June 30,
7 1996.
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ARTICLE 25
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address: 1042 Walnut Street, (P.O. Box 1328), San Luis Obispo,
California 93401; telephone: (805) 781 - 7313).
B. Management's principal authorized agent shall be the Personnel Director
or his /her duly authorized representative (address: P.O. Box 8100, San
Luis Obispo, California 93403; telephone: (805) 781 - 7252).
34
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ARTICLE 26
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1994 and shall continue in full
force and effect until expiration at midnight, June 30, 1996.
SIGNATURES
1. Classification covered by this Agreement and included within this unit are
Police Sergeant, Police Lieutenant and Police Captain.
2. This Agreement does not apply to Temporary Employees or Part -time
Employees.
This Agreement was executed on July , 1994 by the following parties:.
CITY OF SAN LUIS OBISPO
Ann Slate, Personnel Director
SAN LUIS OBISPO
POLICE STAFF OFFICERS ASSOCIATION
Tony Costa, President, SLOPSOA
Ken Hampian, Assistant C.A.O. Cliff Chelquist, SLOPSOA
Jim English, SLOPSOA
35
I �
RESOLUTION NO.8318 (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING THE 1977 VAN PELT FIRE ENGINE AS SURPLUS PROPERTY
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That the City Council hereby declares that the 1977
Van Pelt Fire Engine is surplus property.
SECTION 2. Disposal of the property shall be made by direct sale
to Amigos /USA for the sum of $750.00 by the City Administrative
Officer.
On motion of
Settle
seconded by
Romero
and on the following roll call vote:
AYES: Council Members Settle, Romero, Rappa, Roalman and Mayor Pinard
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 26th - day of
July, 1994
Mayor Peco Pinard
ATTEST:
It
Clerk Diane(/R. Gladwell
R 8318
Resolution No. 8318 (1994 Series)
APPROVED AS TO FORM:
C�
-11g Slq 4
Yl4 4/
-- ------ ---
RESOLUTION NO. 8317 (1994 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REVISING A MANAGEMENT COMPENSATION PLAN FOR APPOINTED
OF AND FOR CERTAIN MANAGEMENT PERSONNEL AND
SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City Council established a comprehensive Appointed Officials
and Management Development and Compensation policy in 1989; 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; and
WHEREAS, consistent with Section 701 of the City Charter, the City Council
is the appointing authority for the 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:
R 8317
Resolution No.
Page 2
8317 (1994 Series)
n
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 shall be
established.
APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE
1994
GROUP MANAGEMENT POSITION
I City Administrative Officer
II City Attorney
III Assistant City Administrative Officer
Community Development Director
Finance Director
Fire Chief
Police Chief
Public Works Director
Utilities Director
IV City Clerk
City Engineer
Parks and Recreation Director
Personnel Director
SALARY RANGE
$6629 -8597
$ 5746 -7440
$ 5409 -6974
$4837 -6215
Resolution No. 8317 (1994 Series)
Page 3
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 and salary
increase matrix. 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.
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 lateral hiring; competent
performance of the job after completion of learning /adjustment curve after hire
Third quartile of the salary range: hiring exceptionally qualified; consistently
competent performance over time
Fourth quartile of the salary range: exceptional performance over time; strives to
excel in numerous areas
SALARY INCREASE MATRIX
Performance Status:
Probation (not adequately performed)
Fair
Competent (expected performance level)
Highly Competent
Exceptional
Quartile:
Isl 2nd 3rd 4th
0% 0% 0% 0%
0 -2
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0%
3 -5
2 -4
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8 -9 7 -8 5 -6 3 -4
Resolution No. 8317 (1994 Series)
Page 4
Section 3. The City shall continue to provide employees in those
classifications listed in Section 1 certain fringe benefits including:
a. A contribution for health insurance premiums as provided through
PEMHCA of $400 per month.
b. A contribution of 1.5% of salary into a deferred compensation plan.
C. Long Term Disability Insurance with a qualifying period of 30 days and
a maximum monthly benefit of $5,500 per month.
d. Administrative leave of 80 hours per year.
All other benefits currently available to the above referenced employees to
remain in effect.
Section 4. City staff shall develop a longer range comprehensive
management compensation plan to be presented to Council for their approval prior
to April 1, 1995.
On motion of Rappa seconded by Romero ,
and on the following role call vote:
AYES: Council Members Rappa, Romero, Roalman, Settle and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19th day of July 1994.
� v %
Resolution No. 8317 (1994 Series)
Page 5
ATTEST:
ql,AE GLA WE , CITY CLERK
APPROVED AS TO FORM:
$"GT -RES
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RESOLUTION NO. 8316 (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN
APPEAL OF THE BUSINESS IMPROVEMENT ASSOCIATION BOARD OF DIRECTORS ACTION TO
DENY A REQUEST BY THE OWNER OF THE JUICE MAN FOR.AN APPLICATION TO THE
THURSDAY NIGHT ACTIVITIES /FARMERS' MARKET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of public
testimony, the applicants' request of the BIA Board of Directors, the
appellants' statements, the Business Improvement Association Board of
Directors action, staff recommendations and reports thereon, makes the
Following findings:
1. The single coin operated vending machine located at 762 Higuera
does not constitute a retail business that operates during normal
hours on a year round basis in the.'BIA district.
SECTION 2. Action. The Council hereby upholds the appeal and denies the
application proposed by The Juice Man.
On motion of Council Member�.7Rappa , seconded by Council Member Romero and
on the following roll call vote:
AYES: Council Members Rappa, Romero, Roalman and Mayor Pinard
NOES: Vice Mayor Settle
ABSENT: None
the foregoing resolution was passed and adopted this 19th day of July 1994.
ATTEST:
APPROVED A;
Peg P ard, Mayor
PlAne Gladiiell, 6tity Clerk
R -8316
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8315
RESOLUTION NO. (1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE ENFORCEMENT OF PARKING IN YARD VIOLATIONS AS A
CIVIL PARKING CITATION AND SETTING THE PENALTY AT $10 AND
ESTABLISHING FEES FOR REPLACEMENT OF PREFERENTIAL PARKING DISTRICT
PERMITS AT $15 AND $25
WHEREAS, the Council of the City of San Luis Obispo has approved changes to the
requirements for preferential parking permit districts and,
WHEREAS, the enforcement of parking in yard violations will be conducted as a parking
citation and state law provides that cities establish the amount of parking penalties and,
WHEREAS, the Council adopted Resolution No 8202 (1993 Series) establishing fees,
penalties, surcharges and processing of parking citations as required under current law and,
WHEREAS, the Council adopted Municipal Code section 10. 36.221 regarding lost, stolen
or defaced permit replacement and,
NOW, THEREFORE, BE IT RESOLVED by the council of the City of San Luis Obispo
as follows:
SECTION 1. Pursuant to Section 10.36.233 of the San Luis Obispo Municipal Code
parking in yard violations shall be enforced as a civil parking citation.
SECTION 2. Pursuant to California Vehicle Code section 40203.5 cities shall establish
the amount of parking penalties and the City of San Luis Obispo sets the penalty for Municipal
Code Section 10.36.233 at $10.
SECTION 3. Pursuant to Section 10.36.221 the fee for replacement of lost, stolen, or
defaced permits shall be $15 for the first and $25 for the second replacement permit
On motion of Council Member Rappa seconded by Vice Mayor Settle and on the
following roll call vote:
AYES: Council Member.Rappa, Vice Mayor Settle, Council Members Roalman and Romero
and Mayor Pinard
NOES: None
ABSENT:_ None
EXHIBIT C
R -8315
Resolution No. 8315 (1994 Series)
Page two
the foregoing resolution was passed and adopted this 19th day of July , 1994.
MAYOR G PINARD
ATTEST
/GLC ZT�—
C Di
CLERK an . Galdwell
..
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RESOLUTION NO. 8314(1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING AN AREA OF THE CITY AS A RESIDENTIAL PARKING PERMIT AREA
AND ESTABLISHING DAYS AND HOURS OF OPERATION OF SAID AREA AND TIME
OF RENEWAL FOR A PARKING PERMIT AND RESCINDING RESOLUTION NO. 7008
WHEREAS, the Council of the City of San Luis Obispo has received a petition from a
majority of the residents living within the neighborhood shown on Attachment 1 and,
WHEREAS, the Council of the City of San Luis Obispo has determined that the quality
of life for the residents of this area has been adversely affected by residents and visitors using
the neighborhood streets for excessive parking and,
WHEREAS, th e Council of the City of San Luis Obispo has determined that the
restriction of resident and visitor parked vehicles on neighborhood streets will improve
pedestrian and vehicular safety and allow residents to gain proper access to their residences and,
WHEREAS, the Council of the City of San Luis has held a public hearing to consider
the changes to the parking district and permit distribution requirements and has determined the
changes will improve the qualify of life for the district residents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Resolution No. 7008 (1991 Series) is hereby rescinded.
SECTION 2. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo Municipal
Code the residential parking permit area is hereby established as shown on Attachment 1.
SECTION 3. No vehicle other than vehicles providing services to the area or having a
Permit clearly displayed on the dashboard on the drivers side of the vehicle may park on any
street in the designated area between the hours of tam and 5pm, Monday through Friday, except
for holidays honored by the City of San Luis Obispo.
SECTION 4. The Public Works Department shall be directed to post the area with signs
that clearly indicate these restrictions.
SECTION 4. The Parking Division shall issue residential parking permits on demand as
permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year
effective September 15.
1t -8314
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Resolution No. 8314 (1994 Series)
Page two
On Motion of Council Member Rappa ,secondedby Mayor Pinard
and on the following roll call vote:
AYES: Council Member Rappa, Mayor. Pinard, Council Member Romero and Vice Mayor
Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 19th ,day of July , 1994
c
Mayor Peg inard
ATTEST:
CI Clerk Diane R Gladwell
384
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RESOLUTION NO. 8313(1994 series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A CODE OF ETHICS'
WHEREAS, ethical behavior is critical to the City of San Luis Obispo's ability
to achieve its mission, goals and objectives, and
WHEREAS, the community's perception of and confidence in City employees
and officials are fundamental to quality government, and
WHEREAS, as public servants, the City of San Luis Obispo employees and
officials are accountable to high standards of conduct, and
WHEREAS, the City's employee associations have reviewed the Code of Ethics
and are in agreement and supportive of such a policy.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby establish a Code of Ethics, attached hereto and marked
"Attachment 1 " and incorporated herein by reference.
On motion Of Vice Mayor Settles seconded by Councilman--.Romero and on the
following roll call vote:
AYES: Vice Mayor Settle, Council Members Romero, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was adopted this 19th day of July , 1994
R -R 11'A
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Resolution No. 83111994 series)
Page 2
ATTEST:
INS,
'jFiiGT—ladvw,0el'l, 36.
APPROVED AS TO FORM:
1 j®r/G • • r, -Cit)Attorney
g:ethreso
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Mayor Peg inard
C O
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•
CODE OF ETHICS
ATTAUMNT 1
'The measure of a man's real character is
what he would do if he knew he would
never be found out."
Thomas Babington Macauly,
Historian
SAN LUIS OBISPO CODE OF ETHICS
TABLE OF CONTENTS
Page
INTRODUCTION...................................... : ......... :................................................................ ii
CODEOF ETHICS ............................................... .................................................................... 3
A.
General Rule with Respect to
Conflicts -of- Interest ......................................................... ...............:.:..:.........:
3
B.
Actions and Conduct Designed to Build
PublicConfidence ............................................................ ...............................
3
C.
Acceptance of Favors and Gratuities ........................... ...............................
3
D.
Use of Confidential Information .................................. ...............................
4
E.
F
Use of City Employment and Facilities
forPrivate Gain ............................................. :................................................. 5
Contractswith the City ................................................... . . .............. .:........ :..:.:.. 6
G. Outside Employment .... :.................. ::.: ............................ :.............................. 7
H. Personal Investments ........................................................ ............................... 8
I. Behavior in the Workplace ...:.......................................... ............................... 9
J. Responsibility ....................... : ... ......................................................................... 10
EXHIBITS:
A Personnel Rules /Ethical Regulations, SLOMC § 2.36.380
B - Personnel Rules /Outside Employment, SLOMC § 2.36.390
C - City of San Luis Obispo Sexual Harassment Avoidance Policy
D Excerpts of City of San Luis Obispo Affirmative Action Plan
E - Excerpts of City of San Luis Obispo Drug Free Workplace Policy
F - Excerpt of City of San Luis Obispo Purchasing Policy
G - Excerpt of City of San Luis Obispo Travel Guidelines
-i-
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INTRODUCTION
We, as officials and employees of the City of San Luis Obispo, whether elected,
appointed or employed, are guided by the following value statement:
"Ethical Behavior is critical to this organization's ability to
achieve its mission, goals, and objectives. The community's
perception of and confidence in City employees and officials are
fundamental to quality government. As public_ servants, we are
accountable for high standards of conduct."
The Code of Ethics is an attempt to explain this value statement as it applies to our
daily activities as City employees. In using this Code, several factors should be considered:
A. The Code of Ethics is an official administrative policy.
B. The use of the term "employee" in this document is intended to apply to all
employees and officials whether elected, appointed, or employed.
C. The Code of Ethics is not the only policy related to employee conduct: Some
conduct may be ethical without being efficient; safe, or practical. Therefore,
the Code of Ethics may not be the only standard to which an employee is
held.
D. Existing law and policy already address many areas of ethical conduct.
Attached as Exhibits to this document are several of those additional laws and
policies. (See excerpts from the City s Personnel Regulations, Sexual
Harassment Avoidance Policy, Affirmative Action Plan, and Drug Free
Workplace Policy, Purchasing Policy, and Travel Guidelines.) The Code of
Ethics is not intended to supersede these other sources of guidance.
E. Not all conduct fits neatly under the Code of Ethics. The standards and
examples are designed to clearly guide conduct in common situations. Special
circumstances may not be easily resolved by simply referring to the Code of
Ethics. Your supervisor, department head, or the Personnel Department can
provide specific interpretation if necessary.
-ii-
� O
CODE OF ETHICS
A. General Rule with Respect to Conflicts -of- Interest.
As a general rule, employees should not engage in or hold any direct or indirect interest in
any business or transaction which may conflict with their official duties. This includes any
obligations (real or perceived) which may impair their independence of judgment in the
discharge of their duties. Furthermore, employees should not engage in conduct which
could reasonably give rise to the appearance of wrong- doing.
B. Actions and Conduct Designed to Build Public Confidence. Employees should
be impartial and dedicated to the best interests of the City. They should conduct
themselves, both inside and outside the City's service, so as not to cause distrust of their
impartiality or of their dedication to the City's best interests.
Perceived conflicts are actions of an employee that the public may consider
preferential service or a lack of neutrality in dealing with department
clientele. Employees should avoid perceived conflicts of interest.
Examples. . The Code Enforcement Officer should not offer to do code
compliance checks for his /her bowling partner.
A department head should not provide exceptional notification to a friend
who has a project being reviewed by the department.
Planners should not coach their friends on how to critique a City project at
a public hearing.
C. Acceptance of Favors and Gratuities. Employees should not accept, money
or other consideration or favors from anyone other than the City for an act which they
would be required or expected to perform in the regular course of their duties nor should
employees accept any gifts, gratuities, including meals, or favors of any kind from individuals
or firms doing business or proposing to do business with the City if, considering all the
circumstances involved in a given situation, acceptance of said .gifts, gratuities or favors
would give the impression that possible preference or special privilege is being sought or
given.
1. Individual employees should not accept gifts from department clientele.. Gifts are
objects or services that have a material value.
Example: Individual employees should not accept gifts such as candy, flowers,
food or liquor from people who deal with their department.
3
2. The department or division may accept small gifts when they 'can be consumed
at the work place, are in keeping with the occasion and are made available to all personnel.
Examples The department could accept a box of candy at Christmas.
The Fire Department could accept cake, fruit or candy from a citizen
thanking the personnel for their response to a medical emergency (alcoholic
gifts cannot be accepted because they cannot be consumed on the job or in
the work place.)
3. Employees should not accept services from department clientele in return for
providing exceptional levels of service.
Example: The Assistant CAO should not accept preferential seating at a local
concert in return for rapidly processing a permit for the activity.
4. Employees should not attend events or functions paid for by department
clientele unless the event is of a public nature.
Example: It is alright to attend a grand opening lunch sponsored by a client
if City Council, the press, or the general public is invited.
5: When in doubt, thank the person for the kind thought and explain that it is
department policy not to accept gifts.
Example: "It was kind of you to offer me a discount at your business -- but it
is our department's policy not to accept gifts. And it really was not necessary.
We are here to provide the service."
D. Use of Confidential Information. Employees should not disclose confidential
information acquired by or available to them in the course of their employment with the
City or use such information for personal gain. This applies to improper disclosure within
the organization as well as to the public.
Examples: A records clerk should not discuss a police report with friends..
A planner should not disclose or use information obtained in discussion with
a developer except as pertinent to the public review of a project.
The accounting manager should not disclose payroll information to another
City employee or to the public unless complying with a lawful request for such
information.
n
E. Use of City Employmeint and Facilities for Private Gain. Employees should
not use, for private gain or advantage, their City time or the City's facilities, equipment or
supplies, nor should they use or attempt to use their position to secure unwarranted
privileges or exemptions for themselves or others.
1. Employees may not be given priority use of City facilities and programs unless
it is an explicit perquisite of employment. (e.g., provided for by an employee group's MOA
or an individual employee's contract).
Example: Employees may not be assigned a preferential tee -off time at the
Municipal Golf Course. They may be assigned parking spaces according to
established policy or practice.
2. Employees should not use heavy equipment for purposes unrelated to their official
duties. Employees may be allowed limited use of office equipment or hand tools during off-
duty hours for non - business purposes provided it does not. conflict with any City use or
represent a direct cost to the City and is done with supervisor approval. Equipment should
not be taken out of City facilities for non -City purposes. All equipment used away from the
City work place for City business must be authorized. Employees on 24 =hour duty may use
office and other light equipment during their assigned recreational periods with
departmental approval.
Exmnples A treatment plant operator should not use his City vehicle to
transport firewood on the weekend.
An employee may type a personal letter on his or her lunch break.
Employees may use City, copiers to make a, few copies if they pay for the
copies.
Employees may use City phones for limited personal calls and they must pay
for the phone charges.
3. In general, employees should use lunch time to do personal business, make
phone calls and run errands. However, limited personal business may be conducted during
normal working hours if it is approved, in advance, if the' time involved is made up and if
it does not detract from job performance.
Example: During breaks, an employee could make arrangements for some
upcoming auto maintenance, provided the time for making the arrangements
is short, does not detract from official duties and any phone charges are paid.
E
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4. With supervisor approval, employees may take, for personal use, discarded or
unnecessary materials that would otherwise be wasted. Employees may purchase surplus
equipment like the general public if they have not been involved in the decision to declare
it surplus.
Examples: A secretary may take used computer paper for personal scratch
paper.
A secretary should not take an old stapler even if it is of no use to the
department. Old equipment should be declared surplus.
An employee may purchase surplus equipment, but an employee who was
involved in the decision to surplus the equipment should not. .
F. Contracts with the City.
City officers and employees cannot. be involved, in any way, with any contract or sale
in which they have a financial interest. Government Code Section 1090 expressly prohibits
such involvement, and a violation of this statute can be punishable as a felony. (See
Government Code Section 1097.) 'nis means that an employee shall not exercise any
discretionary powers for nor make any recommendations on behalf of or to the City or any
City Department with respect to any contract or sale involving the City if that employee is
directly or indirectly financially interested in the contract or sale. If you have questions
about this issue, you should consult with the City Attorney.
G. Outside Employment. Employees should not engage in outside employment
or business activities which involve such hours of work or physical effort that it would or
could be reasonably expected to reduce the quality or quantity of such person's services to
the City. Employees should not be engaged in any outside employment which involves the
performance by them of any work which will come before them as officers or employees of
the City, or under their supervision, for approval or inspection. Employees should not
accept employment that is in conflict with provisions of Government. Code Section 87000
(Conflict of Interest). Before accepting outside employment, an employee must review and
comply with City Personnel Regulation 2.36.390, which is attached to this document as
Exhibit B.
1. With approval of the CAO and Department Head, employees may be
employed or conduct business outside City employment consistent with the limitations
above.
Examples: With approval, an engineering technician could draw maps for
developers who only work outside the City.
0
C1 C.
A building inspector could work for sponsors of projects in Paso Robles.
An accounting assistant could do the bookkeeping for a store in Paso Robles.
The planners can file a zone change application for a friend in Morro Bay.
A firefighter could service commercial fire extinguishers, but not within the
City.
A secretary could work as a sales clerk at a retail store located in the City of
San Luis Obispo.
2. Employees should not make decisions nor participate in decisions affecting
projects sponsored in whole or in part by people or companies they have contracted or
subcontracted with. Employees should not make decisions or participate in decisions
concerning projects sponsored (in whole or in part) by people they have worked for within
the past 12 months, are currently working for, or anticipate working for.in the future..
Examples: Fire inspectors should not inspect projects when they have worked
for the project's owner, developer, primary contractor or subcontractors within
the past 12 months.
The Engineers should not accept an assignment for reviewing a project (any
type of discretionary review including counter counseling) when they are
working for the project's sponsor; owner, developer, real estate broker or
contractors in any capacity.
Building inspectors should not inspect the work of people that they have
previously hired as contractors or subcontractors for their own outside
projects.
H. Personal _Investments. Employees should not make personal investments
which could be expected to create a substantial.conflict between their private interests and
the public interests. If an employee has a financial interest in a matter coming before him,
or before the department in.which he is employed, he should disqualify himself from any
participation in the matter.
1. Employees should not make decisions or participate in decisions affecting
projects that may affect (either positively or adversely) their personal property.
Exmnple: Planners or building officials should not critique or inspect
construction projects that are in close proximity to their residences.
7
M
W
2. Conflicts of interest, as defined by state law and presented below, focus on
public decision making and measurable "financial interests." Government Code Section
87100 states the following:
"No public official [which includes many City employees] shall
make, participate in making or in any way attempt to use his
official position to influence a governmental decision in which
he knows or has reason to know he has a financial interest"
Government Code Section 87103 further defines "financial interest" as follows:
"An official has a financial interest within the meaning of
Section 87100 if it is reasonably foreseeable that the decision
will have a material financial effect, distinguishable from its
effect on the public generally, on the official or his or her
immediate family, or on:
"a. Any business entity in which the official has a direct or indirect
investment worth $1,000 or more;
"b. Any real property in which the official has a direct or indirect interest
worth $1,000 or more;
"c. Any source of income of at least $250 received or promised within 12
months prior to the decision;
"d. Any business entity in which the public official is a director, officer,
partner, trustee, employee, or holds any management position;
"e. Any donor of or any intermediary or agent for a donor of, a.gift or gifts
aggregating $250 or more received or.promised within 12 months prior to the
decision."
3. Employees should not participate in decisions that may significantly affect
relatives or close personal friends.
Example: A planner should not review a subdivision proposal sponsored by
her uncle.
c� o
Behavior in the Workplace.
Employees are responsible for conducting themselves professionally and lawfully in
the workplace. Employees are expected to be aware of and conduct themselves in
accordance with. the following policies of the City of San Luis Obispo:
1. Sexual Harassment Avoidance Policy (see attached
Exhibit Q.
2. Affirmative Action Plan (see attached Exhibit D).
3. Drug Free Workplace Policy (see attached Exhibit E).
4. Purchasing Policy Ethics (see attached Exhibit F).
5. Travel Guidelines (see attached Exhibit G).
J. Responsibility.
Ethical behavior, consistent with the foregoing Value Statement and Code of Ethics,
is the responsibility of each employee. Moreover, each employee is responsible for
reporting ethical violations committed by fellow employees to a supervisor, department
head, or the Personnel Department. Any employee who violates this Code of Ethics will
be subject to disciplinary action in accordance with the City Personnel Regulations. If you
have any questions about the appropriateness of an action, you should consult with your
supervisor, department head or the Personnel Department or the City Attorney.
E
236380 Employee responsibilities and
benefits —Code of ethics.
A. An official or employee ofthe city shall not
engage in conduct which would tend to discredit
or dishonor his/her position with the city. Such
elected or appointed officials and employees
must avoid conflicts of private interests with
public duties and responsibilities and shall not do
indirectly what may not be done directly.
B. Disciplinary action generally does not fol-
low an occasional error in judgment which
occurs in good faith and is unintentional. How-
ever, misconduct, dishonesty and fraud shall be
the basis for severe disciplinary action, including
removal for cause.
C. Officials and employees occupying desig-
nated positions are required to file an :annual
statement of financial interests with the city clerk
as prescribed by the Conflict of Interest Code as
adopted by the city.
D. Each new employee must be informed of
the obligation to submit a statement of financial
interests if he /she falls within the listed desig-
nated position categories.
E. Any employee whose job performance is
adversely affected by the taking of alcohol, drugs,
or other stimulants shall be subject to discipli-
nary action.
F. Each employee is required to be familiar
with city standards and statutory provisions
relating to ethical and other standards of con-
duct. Each employee :is expected to secure the
advice of his /her superior or the personnel direc-
tor or other appropriate officials, when is doubt.
about the meaning or application ofany conduct
requirement applying to his/her particular situa-
tion.
G. The political activities of city employees
shall conform to pertinent provisions ofstate and
federal laws. (Prior code § 2708.1)
EXHIBIT A
o a
236390 Employee.responsibilifies and
benefits—Outside employment.
A. City employees frlling line -item positions
may engage in part -time or occasional outside
employment outride of their regular working
hours if such employment is approved in
advance by the city administrative officer or del-
egated representative, or in the case of council
appointees, by the council. The city administra-
tive officer may establish a minimum time
period worked on such outside employment and
a minimum number of hours ofoutside work per
week before requiring advance written approval.
B. "Incompatible employment" includes,
but is not limited to:
1. Work which tends to impair mental or
physical capacity to perform city duties effi-
ciently and effectively,
2. Work which tzkes the employee's time and
anention during his/her official working hours;
3. Activities which create a conflict ofrespon-
sibility or duty between the employee's city work
.responsibility and the proposed outside employ -
went. This includes work which would, by its
nature; tend to reduce the ability ofthe employee
to exercise completely independent and unfet-
tered judgment with respect to effectively dis-
charging city work responsibility.
4. Employment in another city department
for full -time city employees.
C. Any employee who engages in employ -
ment outside regular working hours shall be sub-
ject to perform regular city duties first. (Prior
code § 2708.2)
EXHIBIT B
C- C
SEXUAL HARASSMENT Av01DANCE POLICY
It is the policy of the City of San Luis Obispo that all employees should be able to
enjoy a work environment free from all forms of discrimination, including sexual
harassment. In accordance with federal regulations requiring employers to adopt clear
policies prohibiting sexual harassment in employment, the City Council has adopted
the policy statement set forth in full below:
Policy Acainst Sexual Harassment: It is the policy of the City of San
Luis Obispo that employees have a working environment free of unlawful
discrimination. The work environment should be business -like and
assure fair, courteous treatment for employees and the public we serve.
Sexual harassment may constitute illegal sex discrimination and may
violate both state and federal law. It is employee misconduct that could
decrease work productivity, undermine the integrity of employment
relationships, decrease morale and cause severe emotional and physical
stress.
All employees should be informed of the discrimination complaint
process and be assured of their right to file complaints without fear of
reprisal. All employees, including supervisors and managers, shall
receive ongoing training regarding behavior that constitutes sexual
harassment: Employees should also understand the importance of
reporting incidents promptly to assure that further incidents do not
occur.
The City Council expects City department heads to convey to their
employees strong disapproval of sexual harassment. . All employees
including supervisors and managers should be clearly informed regarding
behavior that constitutes sexual harassmentor creates the perception of
sexual harassment and the consequences of such actions. The
employees should be aware that sexual harassment of another employee
shall be grounds for disciplinary action. Employees also should be aware
that ignoring sexual harassment complaints is also grounds for
disciplinary action.
Definition of Sexual Harassment: "Sexual harassment" as used in this
policy includes any unsolicited and unwelcome sexual overtures by any
employee, supervisor, manager or, non- employee, be they written,
verbal, physical, visual, whenever:
16
EXHIBIT C
o
Personnel Department
1. Conduct Sexual Harassment Avoidance Training Programs for all City
employees.
2. Assume responsibility for administration of the complaint procedure.
3. Receive and review any and all complaints.
4. Conduct or assist in all investigations and consult with the Department .
Head on disciplinary action as may be appropriate.
5. Advise City Administrative Officer of the receipt and disposition of all
sexual harassment complaints..
6. Preparethe documentation forthe hearing before the City Administrative
Officer.
City Administrative Officer
1. Assume responsibility for the administrative appeal process.
2. Conduct a confidential hearing as expeditiously as possible upon receipt
of an appeal.
3. Provide the employee with a written response within ten scheduled work
days from the conclusion of the administrative hearing.
Personnel Board
1. Hear appeals of disciplinary action pursuant to the 'City Personnel Rules
and Regulations and appeals from employees dissatisfied with the City
Administrative Officer's disposition of the investigation in accordance
with the City's Grievance procedures:
fiF
o •
AFFIRMATIVE ACTION POLICY STATEMENT
The City of San Luis Obispo is committed to the concept of Equal Employment
Opportunity as a basic principle that all persons shall be given equal access and
consideration to positions in the public service limited only by their ability and
qualifications to do the job. Equal Employment Opportunity can best be achieved
through definitive programmed affirmative action. If progress toward achieving Equal
Employment Opportunity is to be made, every citizen and employee of the City of San
Luis Obispo must realize that policies to remove inequalities cannot be merely passive.
Positive steps must be taken to ensure a work environment free of unlawful
employment discrimination and harassment, and to promote personnel diversity in the.
workforce.
All persons seeking employment with the City and all City employees shall be
treated equally and without discrimination. All recruitments, hirings, placements,
transfers and promotions will be made on the basis of individual qualifications for the
positions being filled, and all other personnel actions such as compensation, benefits,
layoffs, returns from layoffs, terminations, training, social and recreational programs
are also to be administered without regard to race,'color, religion, national origin, age,
sex, sexual orientation, marital status, or physical or mental disability.
Employees shall not be discriminated against because of the exercise of their rights
under section 3502 of the California Government Code or under the City's Employer-
Employee Relations Resolution.
3
EXHIBIT D
C C
CITY OF SAN LUIS OBISPO
DRUG -FREE WORKPLACE POLICY
PURPOSE
It is the policy of the City of San Luis Obispo to maintain a safe, healthful and
productive work environment for all employees. To that end, the City will act to
eliminate the unlawful use of, drugs and other controlled substances including, but not
limited to, alcohol and prescription drugs, which could impair an employee's ability to
safely and effectively perform the functions of his /her job and /or threaten the safety
of co- workers. All City employees, regardless of their employment status (i.e. permanent,
temporary, contract, etc.), are subject to this policy.
POLICY
1. Employees are expected and required to report to work in appropriate mental and
physical condition to perform their jobs. The unlawful manufacture, distribution,
dispensation, possession or use of drugs or other controlled substances, including
alcohol, on City premises or while conducting City business off premises is absolutely
prohibited. -
2. The City will establish a drug•frec awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The City's policy of maintaining a drug -free w- orkplacc;
e. Available drug counseling, rehabilitation and employee assistance prograrns
and
d. The penalties that may be imposed on employees for drug abuse violations.
3. This policy is intended to assure that no employee with an alcohol or drug problem
Will have his or her job security or promotional opportunities jeopardized by a
request for help.
4. Employees will, as a condition of employment,'abide by the terms of this policy and
notify the City, within five (5) days, of any criminal drug statute conviction which
he /she receives for a violation occurring in the workplace.
5. The City sball notify any appropriate federal granting agency of any criminal
convictions of an employee for illegal drug activity in the'workplace within 10 days
of the City's notification of such. conviction.
Otherwise, the individual's rights to confidentiality and privacy are recognized. The
pertinent information and records of employees with an alcohol or drug problem will
be preserved in the same manner as all other confidential records.
6. The City shall initiate action after receiving notice-.of conviction or an employee
which may result in required participation in a treatment program and /or
progressivediscipline, up to and including termination.
7. The City shall make a good faith effort to continue maintaining a drug -free
workplace through 'implementation of this policy.
8. Implementation of this policy will not require or result in any special regulations,
privileges, or exemptions from the standard administrative practices applicable to job
Performance requirements.
EXHIBIT E
/ ® O
DRUG -FREE 'WORKPLACE NOTICE TO EMPLOYEES
All employees are hereby notified that it is a violation of the City of San Luis Obispo's
Drug -Free Workplace Policy for any employee at the workplace to unlawfully
manufacture, distribute; dispense, possess or use any narcotic drug, hallucinogenic drug,
amphetamine, barbiturate, marijuana or other controlled substance including, but not
limited to, alcohol and prescription . drugs, as defined in the Drug -Free Workplace Act
of 19S8. Violations of this policy by employees may result in discipline, up to and
including termination.
'Workplace' is defined as any place where City work is performed, including a City
building or site, or any City -owned vehicle.
As an employee, you will, as a condition of employment, abide by the terms of this
policy and notify the. City, within five (5) days, of any criminal drug statute conviction
Which you receive for a violation occurring in the workplace.
The following are among the drug counseling, rehabilitation and /or other agency
assistance programs available locally:
City of San Luis Obispo Employee Assist:
San Luis Obispo County Drug Program
San Luis Obispo County Alcohol Services
Nlarcotics Anonymous
Alcoholics Anonymous
snce. Program (800) 227 -1060
(805) 549 -4753
(805) 549 -4275
(805) 549 -7730
(805) 543,5500
cozy o�
san Luis o ,2�)p0 C' ?03
section: Ethics
PURPOSE: To describe the ethics and professional conduct for the
purchasing process.
NEW /REVISED This is a.NEw procedure reflecting the standards of
PROCEM- E: profes §ional behavior currently expected of all personnel
who participate in purchasing.
EFFECTIVE DATE: September 1, 1983
Any employee or official engaging in purchasing activities on behalf of the
city is required to employ the below listed.standards of purchasing practice:
— To consider, first, the interests of the city in all transactions.
- To carry out the established policies of the city.
— To buy without prejudice, seeking to obtain the maximum value for each
expenditure of public funds.
— To subscribe to and work-for honesty and truth in buying and selling, and
to denounce all fours and ;manifestations of commercial bribery.
— To cooperate with.all organizations . and.- individuals engaged-in activities
designed to enhance the development of .purchasing practices.
To respect obligations.to others, and require the same respect from others
for their obligations.
No city employee involved in purchasing shall be financially interested, or
have any personal beneficial interest, directly or indirectly in any contract
orpurchase order for supplies, mater -ials, equipment, professional services or
public works projects used.by or furnished to.any department; nor shall any
employee accept or receive directly or indirectly from any person, firm or
EXHIBIT F
SING CONTROLr" ROCEDURES
.ion:
Ethics
203
corporat -ion to whom any contract or purchase order may be awarded, by rebate,
gift or otherwise, any :Honey or anything of value, or any promise, obligation
or contract for.future.reward or ccmpensation. A violation of this policy may
result in disciplinary action, termination of employment, or criminal
prosecution. Inexpensive advertising items, bearing the name of the firm,
such as pens, pencils, paper weights, calendars, etc., are not considered
articles of value or -gifts in relation -to this policy.
`The following practices are.also specifically prohibiter]:
- .Using information available to an employee, solely because of his city
position, for personal profit, gain or advantage.
- Directly or indirectly .furnishing services or-. information not available to
all prospective bidders, to any person bidding on, or who may reasonably be
expected to bid on, a contract with the city.
Providing confidential information to persons to whom issuance of such
information has not been authorized.
- Using a position or status in the city to solicit, directly or indirectly,
business of any kind or to purchase products at special discounts or upon
special concessions for private use frorm any person who sells or solicits
sales to the city.
- Serving, either.as an: officer, employee, me_nber.of the board.of directors,
or in any capacity for consideration, the interests of any organization
which transacts or attempts to transact business with the city.for profit
when such employee holds a city position: of: review -or control — even though
remote - over such business transactions.
It is the responsibility of the Department Head to ensure that all employees
of his/her department, who are involved with purchasing activities, possess a
thorough understanding of the above. standards of conduct and prohibited
practices.
203-2
�
Section 301 Y
TRAVEL GUIDELINES
OVERVIEW
These guidelines establish the basic policies and procedures for travel on City business by
all employees and officials. Everyone who travels on City business - or supervises someone
who travels - is responsible for knowing and following these guidelines.
These guidelines are organized into seven sections:
■ General standards
■ Planning an official trip
a Submitting travel authorizations and cash advance requests
N Making the trip
M. Incurring non- travel expenses
■ Accounting for expenses
® Completing travel authorizations /expense reports
The key document in the administrative process is the Travel Authorization /Expense.Report
(TA). Besides ensuring that travel by City employees and officials is conducted in
accordance with adopted policies, the TA summarizes the total cost of attending
conferences, meetings, and seminars and provides documentation for cash advances and
vendor payments. General instructions for completing and processing this form are also
included in these guidelines.
GENERAL STANDARDS
These guidelines do not require you to take a bus, stay in a cheap motel, or eat only in fast
food restaurants. A bus or a train may cost less than a plane,.but the added time away from
work can make these slower options more expensive to the . City overall. The meal
allowances established in these guidelines allow you to eat in moderately priced restaurants.
In all areas, not just economy, _you are .responsible for. exercising good judgment in
requesting, arranging,.and making a trip. It should-be thoroughly planned,.well in advance.
Personal business should not be mixed with official business if it will cost the City anything
in dollars or lost time, or if it will. harm the City's interests in any way.
These guidelines are not intended to address every issue, exception, or contingency that may
arise in the course of City travel. Accordingly, the basic standard that should always prevail
is to exercise good judgment in the use and stewardship of the City's resources.
EXHIBIT G
t��! " �/y
C
RESOLUTION NO.8312(1994 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
RATIFYING THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
JOINT POWERS AGREEMENT AND ITS AMENDMENTS
BE IT RESOLVED by the City Council of the city of San Luis
Obispo as follows:
SECTION 1. That certain agreement and it amendments attached
hereto marked Exhibit "A" and incorporated herein by reference,
between the City of San Luis Obispo and member cities and the
County is hereby ratified and the Mayor is authorized to execute
the same_
SECTION 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
San Luis Obispo Area Council of Governments, 1150 Osos Street #
202, San Luis Obispo, CA 93401.
On MOTION OF "Vice Mayor:,Settl:e , - .7seconded by Council Member Romero and
on the following roll call vote:
AYES: Vice Mayor Settle, Council Members Romero, Rappa, Roalman and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was adopted this 19th day of July -, 1994.
Mayor Peg 9 inard
ATTEST:
is Glad ell, y Clerk
R -8312
0 0
APPROVED:
t bto ne
ipa.rm
1 1
EXHIBIT A
San. Luis Obispo Council L Governments
Regional Transportation Planning Agency Arroyo Grande
tascadero
Grover Beach
Metropolitan Planning Organization Morro Bay
Paso Robles
Pismo Beach
Congestion Management Agency San Luis Obispo
San Luis Obispo County
FY 94 -95
JOINT POWERS AGREEMENT ^�
OF THE I ��® W
SAN LUIS OBISPO COUNCIL OF GOVERNMI 7 •;?Ff.%S
WITNESSETH:
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of
January, 1976, and amended on November 4, 1982, September 19, 1984, July 19, 1990,
June 10, 1992, June 2, 1993, and June 8, 1994 by and among such of the incorporated
cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo
Beach, and San Luis Obispo, all being municipal corporations of the State of California
and located within the boundaries of the County of San Luis Obispo, California, as may
execute this Agreement, hereinafter called "CITIES," and the County of San Luis Obispo,
a body politic and corporate and a subdivision of the State of California, hereinafter called
"COUNTY," as follows:
-WHEREAS, Section 6500, et se g., of the California Government Code (Title 1,
Division 7, Chapter 5, Article 1) provides for agreements between two or more "public
agencies to jointly exercise any power common to the contracting parties, subject to certain
mandatory provisions contained therein; and
. WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other
incorporated cities in the County, parties hereto, by virtue of Sections 65600 through
65604, inclusive, of the California Government Code have the joint. and mutual power to
create an area planning council; and
WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement
establishing such a planning council and now wish to amend and supersede the same; and
WHEREAS, Section 29532, California Government Code, provides that such a
Planning and Coordinating Council shall be designated the Regional Transportation
Planning Agency to act in matters of transit and transportation planning; and
WHEREAS, it is desirable that a single agency be created by and with the consent
of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems;
assist in the preparation; of plans and programs by utilizing planning talents and general
plans of the various governmental jurisdictions in the County and of experts in various
other fields and to coordinate their efforts; and
��r� !'�. - _ !+• !�_:: �._ �nn 0-- T...].. iii..:... -... r /A 01 An7 A T,1 tQnr,l 7Q1 Al 10 1^+'w rQnr,% 7R1 _r;7n3
SLOCOC ronrr rowExs AGREEMENT ce \wp51 \resos \1994 -95.i pa
WHEREAS, creation of such an agency and action by it upon certain plans and
programs is necessary to comply with requirements of federal and state legislation in order
to participate in the allocation and disbursement of state and federal funds which may be
desired by COUNTY and CITIES in the implementation of plans and programs which have
been approved by their respective governing bodies.
NOW, THEREFORE, it is agreed as follows:
[.PURPOSE
The member cities and county have joined together to establish the San Luis Obispo
Council of Governments for the following purposes:
1. As a Regional Agency; address issues of mutual concern to the county and the
cities in the San Luis Obispo region, and satisfy .federal and state planning and
programming mandates.
2. Provide a forum for planning, discussion, and study of areawide issues; prepare and
adopt regional plans and programs; serve as the regional agency for federal and state
programs and funding opportunities; and address other areawide issues based on the
desires of the member jurisdictions.
3. Represent member jurisdictions as planner, programmer, and broker in developing
an efficient and effective multi - modal transportation system that provides for the mobility
needs of people, goods, and services while protecting the environment. .
4. To maximize state and federal funding and facilitate the development, coordination,
and implementation of local, and regional transportation programs to improve mobility and
air quality.
These purposes are to be achieved through the following methods:
1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG),
the Metropolitan Planning Organization (MPO), the Regional Transportation Planning
Agency (RTPA), and the Congestion Management Agency (CMA), for San Luis Obispo
County.
2. Allocate applicable federal, state, and local transportation funds to member
jurisdictions consistent with appropriate federal and state statutes, policies, and
regulations.
Conduct a continuous, cooperative, and comprehensive multi -modal transportation
planning and project programming process that satisfies federal and state requirements.
3. Conduct a continuous, cooperative, and comprehensive multi -modal transportation
planning and project programming process that satisfies federal and state requirements.
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4. Facilitate and monitor the assessment, coordination, funding, utilization, and
improvement of an effective and efficient multi -modal transportation system that satisfies
the existing and projected mobility needs of the region.
5. Develop the County Integrated Waste Management Plan in cooperation with the
County, Cities, and other affected entities, until such time that duties are transferred to a
solid waste authority.
6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-
economic and demographic data for integration into local and regional studies and plans.
7. Discuss and study area -wide problems of mutual interest and concern to the cities
and county and facilitate the development of policies and action recommendations for the
solution of such problems.
II. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS ( SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the
establishment of the San Luis Obispo Council of Governments hereinafter, SLOCOG, a
separate and distinct public entity, as the agent to exercise the common powers provided .
for in this Agreement, and to administer or otherwise execute this Agreement.
When originally established, SLOCOG was known as the San Luis Obispo County
and Cities Area Planning and Coordinating Council, subsequently renamed SLOCOG, and
renamed as the San Luis Obispo Area Coordinating Council. SLOCOG, as successor
entity to the original COG established in 1968, insofar as its predecessor entity has been
designated, and insofar as legally authorized shall function as:
1. The Area Wide Planning Organization (APO), as designated' by the U. S.
Department of Housing and County Development (HUD);
2. A Council of'Governments (COG), as designated by the Governor of the State
of California;
3. A Regional Transportation Planning Agency (RTPA) as designated by the
Secretary of'Business and Transportation Agency of the State of California;
4. The Metropolitan Planning Organization (MPO) as designated by the U. S.
Department of Transportation; and
5. The Congestion Management Agency (CMA) as designated by the County of
San Luis Obispo and the cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover
Beach, Morro Bay, Pismo Beach and San Luis Obispo.
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S-LOCOG JOM POWERS AGREEMENT
III. POWERS
cAwp51 \msos \1994 -95. j pa
The San Luis Obispo Council of Governments hereinafter called " SLOCOG," is
hereby created as a voluntary agency pursuant to applicable provisions of the California
Government Code with the power to cant' out the purposes hereinabove stated and to
implement the approved annual work program, including: the power to contract for goods
and services; to provide for employment of necessary personnel, experts and consultants;
to accept gifts, loans, grants; to acquire, hold and convey real and personal property; incur
debts, obligations and liabilities; sue and be sued; and to administer the affairs of
SLOCOG hereby created in accordance with this Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby declared by
COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not
be the debts, liabilities and obligations of any of the parties to this Agreement, except as
otherwise provided herein.
IV. MEMBERSHIP
1. Membership in SLOCOG shall be voluntary, but only the County of San Luis
Obispo and all cities incorporated in the County of San Luis Obispo presently or in the
future, are declared eligible for membership in SLOCOG.
2. Representatives of the COUNTY and CITIES shall be appointed to serve on the
SLOCOG in accordance with procedures established by each of the governing bodies of
the member agencies. Representatives to SLOCOG shall consist of the five members of
the Board of Supervisors of the County of San Luis Obispo from time to time in office and
of one member from the governing body of each incorporated city within the boundaries
of the County of San Luis Obispo which is a party to this Agreement, with each
incorporated area being limited to one representative. Representatives shall serve so
long as they hold office with their member agency or until they shall resign or be removed
by a majority vote of their respective governing bodies. Vacancies among representatives
shall be filled in the same manner as the first appointment.
The Director of the California Department of Transportation, District 5, or his
appointee, may sit as an ex officio member of. the Board. He or she shall receive all
meeting notices, shall have the right to participate in Board discussions, and have the right
to request matters on the agenda, but shall not be counted towards a quorum of the Board
and shall have no vote.
3.. =- Member city agencies may elect to have an alternate member(s) from their city
council in addition to any official member, but said alternate shall be able to vote only in
the absence of the official representative.
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4. Designation of the official representative or alternate(s), or changes thereto,
shall be transmitted in writing to the Executive Director of SLOCOG by the-appointing city.
5. In addition to the incorporated cities presently a party to this Agreement, any
other city which may hereafter be incorporated within the boundaries of the County of San
Luis Obispo and which may desire to participate in the activities of the SLOCOG may do
so by executing this Agreement without prior approval or ratification of the named parties
to this Agreement and shall thereafter be governed by all the terms and provisions of this
Agreement as of the date of execution.
6. Membership shall be contingent upon the execution of this Joint Powers
Agreement.
V. OPERATION
1. The powers of SLOCOG are advisory to the member agencies which execute
this Agreement except for those actions mandated by state or federal law for the
processing of applications submitted by any of the member agencies for federal and state
grants or funds which require action by the SLOCOG. Nothing herein shall be construed
to limit in any manner the power of any of the parties to initiate and complete a local
project within their respective jurisdictions with their own funds. It is understood, however,
that the recommendations of SL,OCOG may have the effect of precluding any favorable
action by an agency of the state or federal government in support of such a project if other
than local financing is sought, as determined by the respective state or federal agency
under law, regulations and policies applicable to them.
2. Except as otherwise provided herein, there shall be no costs incurred by
SLOCOG pursuant hereto, other than expenses of its members, which are to be borne by
their respective entities, and the cost of services by the officers and personnel of the
respective entities to said SLOCOG, upon approval of such services by the governing
bodies hereof, shall likewise be borne by the respective entities.
All costs incurred by SLOCOG performing functions as the MPO, RTPA and CMA
for San Luis Obispo County as designated by the State shall be paid out of the
transportation fund established pursuant to Section 29530, et seq., Government Code as
provided for therein, and State and Federal planning funds.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary
operation of SLOCOG, including but not limited to salaries, office space, furniture, and
services and supplies shall be set forth in the budget as part of the annual work program
of SLOCOG and shall be funded from designated funds as approved by SLOCOG and
applicable state and federal agencies. Extraordinary costs as recommended by SLOCOG
shall be bome by contributions from the member entities as approved by their governing
bodies.
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Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide
Planning Organization shall be set forth in the budget as part of the annual work program
and shall be funded from contributions from member entities as approved by their
governing boards.
4. The annual work program and budget, when adopted, shall be the basis for
operation of SLOCOG for the fiscal year. Any deviation from the work program affecting
the budget shall be approved by SLOCOG. Any extraordinary costs which have not been
funded as part of the MPO, RTPA and CMA budget, shall be returned to the member
agencies for approval.
5. For purposes of conducting business, there shall be present a quorum
consisting of a majority of representatives, including one (1) COUNTY representative. No
action shall be effective without the affirmative votes of a majority of those present.
However, eight (8) affirmative votes shall be required for taking any action in the event any
agency demands such a vote. The representatives to SLOCOG shall adopt such
procedures as are consistent with this Agreement and necessary to conduct the business
of SLOCOG in an orderly manner.
VI. OFFICERS
1. The officers of SLOCOG shall consist of a President and Vice- President elected
for a term of one year by a majority vote of member agency representatives to SLOCOG.
2. Both the President and Vice- President of SLOCOG shall be elected at the June
meeting.
3. The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
a. President:
1) Shall preside over all meetings of SLOCOG as Chairperson.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said
SLOCOG.
4) Shall be an ex- officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of
SLOCOG.
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b. Vice - President:
1) Shall serve as Chairman pro - tempor in the absence of the President.
2) Shall give whatever aid is necessary to the President in administering
SLOCOG.
3) Shall be an ex- officio member of all committees.
5. In the event of a vacancy occurring in the office of either the President or
Vice- President upon said officer's death, resignation, removal or his ceasing to be an
official representative of a member city of the County of San Luis Obispo, such vacancy
will be filled by majority vote of the SLOCOG, the officer elected to serve for the balance
of the unexpired term.
VII. PERSONNEL AND SERVICES
1. Executive Director. The Executive Director shall be selected by, and shall
serve at the pleasure of and upon the terms prescribed by the SLOCOG Board. The
powers and the duties of the Executive Director are to:
a. Serve as the chief administrative officer for SLOCOG and to be
responsible to SLOCOG for the administration of all SLOCOG affairs.
b. Supervise and direct the preparation of the annual work program and
budget to SLOCOG. and be responsible for its implementation after
adoption by SLOCOG.
C. Attend meetings of SLOCOG Board and act as Secretary to the
SLOCOG Board.
d. Disburse all funds in accordance with the policies of the County -
Treasurer and the County Auditor /Controller and the budget and work
program adopted by SLOCOG.
e. Prepare and submit to SLOCOG periodic financial reports and
prepare a written year end report reflecting activities of the preceding
fiscal year, said year end report to be distributed each of the
participating member bodies.
f. Appoint, supervise, suspend, discipline, or remove SLOCOG
employees subject to these policies and procedures adopted by
SLOCOG.
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g. Maintain a record of all financial transactions, correspondence and
reports of SLOCOG.
h. Contract and assure completion of an annual audit of SLOCOG.
i. Perform such other duties as SLOCOG may require in carrying out
the policies and direction of SLOCOG Board.
j. Maintain custody and control of all property of SLOCOG, other than
monies and securities.
2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as
legal counsel at the pleasure of SLOCOG Board and shall be reimbursed for services
rendered.
3. Treasurer —The Treasurer of the County of San Luis Obispo shall be the
Treasurer of the SLOCOG..
Treasurer shall:
a). Receive and receipt all money of SLOCOG and place it in the treasury of San
Luis Obispo County to the credit of SLOCOG.
b). Be responsible for the safekeeping and disbursement of all SLOCOG money
held by him /her.
c). Pay any sums due from SLOCOG, from SLOCOG'S funds held by him /her or
any portion thereof, upon warrants of the SLOCOG controller designated herein.
d). Verify and report in writing as soon as possible after the first day of July,
October, January, and April of each year to SLOCOG the amounts of monies
he /she holds for SLOCOG, the amount of receipts since his /her last report, and
any interest accrued to those funds.
e). Invest funds.
SLOCOG shall reimburse the Treasurer for the actual cost of services rendered.
4. Controller. The Auditor - Controller of the County of San Luis Obispo shall
serve as the controller at the pleasure of the SLOCOG Board and shall be reimbursed for
services: rendered.
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The Controller shall:
a). Draw warrants to pay demands against SLOCOG when the demands have been
approved by the COG Board and/or the COG Executive Director. He /She shall
be responsible on his/her official bond for his /her approval of disbursement of
SLOCOG money.
b). Keep and maintain records and books of account under the custody of the
Controller on the basis of generally accepted accounting practices.
c). Make available all such financial records of SLOCOG to a certified public
accountant or public accountant contracted by SLOCOG to make an annual
audit of the accounts and records of SLOCOG. The minimum requirements of
the audit shall be those prescribed by the State Controller for special districts
under Section 26909 of the Government Code and shall conform to generally
accepted auditing standards.
SLOCOG shall reimburse the Auditor /Controller for the cost of services rendered.
5. Bond Requirements
a). The Executive Director and such other employees of SLOCOG as may be
designated by the COG Board, shall file with SLOCOG an official fidelity bond in a sum
determined by the Council as security for the safekeeping of SLOCOG property entrusted
to such employees. Premiums for such bonds shall be paid by SLOCOG.
b. The County Treasurer, and Auditor - Controller shall be bonded or self - insured
through the county in -lieu of bonds (in accordance with Government Code Section 24156)
in the sum of $1000.
VIII. MEETINGS
1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at
more frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of at
least three (3) representatives of SLOCOG. Actual notice of special meetings must be
given at least three (3) business days in advance.
3. Meetings shall be open to the public as required.by state law.
4. Regular meetings shall be generally held in the first week of August, October,
December, February, April and June, or as specified in the annual meeting calendar
adopted in June. The June meeting shall be designated the "annual meeting."
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5. The Executive Director of SLOCOG will direct the publication of notices of all
meetings pursuant to state law.
6. Only official representatives or alternates shall represent a member of SLOCOG
or vote on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG.
Agenda material shall be submitted to the Executive Director at least fourteen (14)
calendar days prior to the next regular meeting and distributed to members at least twelve
(12) calendar days prior to the next regular meeting to allow member agencies to advise
their representatives on tentative vote subject to independent judgement of delegate based
on public testimony. Unless authorized by four -fifths vote of the representatives at a
regular meeting, only agenda items shall. be considered by SLOCOG pursuant to
provisions of the Brown Act.
8. SLOCOG, at the discretion of the President, may memorialize any of its actions
by resolution.
9. Robert's Rules of Order or such other rules as SLOCOG may adopt will govern
all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to
SLOCOG and shall be submitted to member agencies.
IX. COMMITTEES
1. Committees and subcommittees may be established as SLOCOG may deem
appropriate.
2. Membership.on "ad -Hoc' policy committees shall be at the discretion of the
President. Nothing herein shall be construed to limit membership on these aforesaid
committees to officials of the member agencies. The President may appoint any individual
deemed qualified to serve on a committee.
3. Standing committees shall include the:
a). Administration Committee, comprised of all managers. and administrators of
member jurisdictions;
ti) Legal Committee, comprised of SLOCOG's legal counsel and the attorneys of
the member'agencies;
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c). the Planning Committee, comprised of all agency planning officials appointed
by their respective agencies;
d). the Public Works Committee, comprised of all agency engineering officials
appointed by their respective agencies;
e). Technical Transportation Advisory Committee (TTAC) and the Citizen's
Transportation Advisory Committee (CTAC) as per the Memorandum of
Understanding between the California Department of Transportation and
SLOCOG;
f). Transit Productivity Committee as required by Section 99224 and Section
99238 of the Public Utilities Code; and
g). An Executive Committee comprised of the President, Vice President and the
past President and at least one representative from the county of San Luis Obispo
(if none of the above) said committee is to advise SLOCOG on: the budget and
Overall Work Program; controversial, sensitive and major policy issues; and
criteria for competitive funding allocations. Items for review shall be selected by
the President with consultation by the Executive Director.
4. No committee shall commit SLOCOG on any matter or questions of policy. Such
matters or questions can only be decided by SLOCOG.,
5. All committees shall receive clerical assistance from SLOCOG staff for the
purpose of maintaining minutes of meetings and other such duties as, the Executive
Director may direct. The chairman of each committee shall sign the original copy of the
minutes indicating his verification of contents. Copies of minutes of all meetings shall be
sent to members of SLOCOG and the Executive Director.
X. FINANCE
1. SLOCOG shall have no power to expend funds on any project for which funds
have not been budgeted, nor on any item in excess of the budgeted amount.
2. The Treasurer of the County of San Luis. Obispo is designated the depositary,
and shall have custody of all money of SLOCOG from whatever source received.
SLOCOG shall contract with an independent certified professional accountant to conduct
annual fiscal audits as required by the California Public Utilities Code Section 99245 and
the Federal Single Audit Act of 1984.
XI. CITIZEN INVOLVEMENT
SLOCOG shall carry out a process for citizen involvement in major decisions. Such
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SLOCOG JOUVT PONVERS AGREEMENT cAw•p51 \resos \1994 -95Jpa
process shall include: a Citizen's Transportation Advisory Committee for advising
SLOCOG on all transportation issues; legal notices, and or press releases for all adoption
of all plans and for the allocation of and prioritization of funding; and widespread
distribution of an agency newsletter.
XII. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assign
representatives to serve as official members of SLOCOG or any committee or
subcommittee thereof who shall act for and on behalf of their city or county in any or all
matters which shall come before SLOCOG, subject.to any necessary approval of their acts
by the governing bodies of CITIES and COUNTY.
2. Any party to this Agreement may withdraw from SLOCOG and terminate its
participation in this agreement. by resolution of its governing body. The withdrawal of the
member shall have no effect on the continuance of this Agreement among the remaining
members and the Agreement shall remain in full force and effect as respects the remaining
members.
3. A member withdrawing shall not be liable for the payment of further contributions
falling due beyond the date of withdrawal and shall have no right to reimbursement of any
monies previously paid to SLOCOG, provided, however, that SLOCOG may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable and can be done
without jeopardy to the operation of SLOCOG. If any party hereto fails to pay its
contribution, as determined by SLOCOG, said entity shall be deemed to have voluntarily
withdrawn from SLOCOG.
4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations
and for the return of any surplus funds of SLOCOG in proportion to the contributions made.
XIII. EFFECTIVITY
This Agreement shall take effect upon its.execution by the chairman or mayor and
clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities,
pursuant to resolutions of such governing bodies authorizing such execution and shall
remain in full force and effect until dissolved pursuant to the provisions herein. This
Agreement may be executed in eight (8) counterparts which together shall constitute a
single agreement.
0
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No._
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Page 13
Resolution No. _
Clerk
CITY OF GROVER BEACH
By:
Date:
Mayor
Resolution No.
Clerk
_
CITY OF MORRO BAY
By:
Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By:
Date:
Mayor
Resolution No.
Clerk
_
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SLOCOGJOLNT POWERS AGREA 7 c: \wp51 \resos \1994- 95.jpa
CITY OF PISMO BEACH
IN
Mayor
Clerk
CITY OF SAN LUIS OBISPO
By: R7 LO-A� -
Mayor
erk
COUNTY OF SAN LUIS OBISPO
0
Chair
Clerk
Date
Resolution No.
Date: 7-
j9-9q-
Resolution No.la�
Date:
Resolution No.
APPROVED AS TO FORM AND LEGAL EFFECT:
RAY BIERING
SLOCOG Legal Counsel
B •
•
qal Le I
Coun
Dated: Uly'r &q
Page 14
Adopted by SLOCOG June 8, 1994
(7
O
RESOLUTION NO. 8311(1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE MANAGEMENT INFORMATION SYSTEMS POLICY
WHEREAS, the effective use of information technology is a key strategy in achieving
City goals of delivering quality service and improving productivity; and
WHEREAS, the Council previously adopted a management information systems (MIS)
policy on July 18, 1991 in order to provide an overall framework for guiding the growth and
use of the City's MIS resources in achieving these broader goals; and
WHEREAS, the Council desires to amend the existing policy to reflect current
conditions and implement improved approaches in guiding the growth and use of the City's
MIS resources;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that Resolution No. 6997 is hereby rescinded and the amended MIS policy provided
in Exhibit A and attached hereto is hereby adopted.
On motion of Rappa , seconded by Romero ,
and on the following roll call vote:
AYES: Council Members Rappa, Romero, Roalman and Mayor Pinard
NOES: None ,
ABSENT: Vice Mayor Settle
the foregoing Resolution was passed and adopted this 7th day of July , 1994.
ATTEST:
iade Gladwell, C' Clerk Mayor Pea Pinard
APPRO D:
rge n, vy Attorney
R8311
NUMAMNDPLCY.AR
O Exhibit
MANAGEMENT INFORMATION SYSTEMS POLICY
The effective use of information technology is one of the key strategies available to us in achieving our goals of
delivering quality services to our customers and improving productivity. The purpose of this management
information systems MS) policy is to establish an overall framework for guiding the growth and use of our MIS
resources in accomplishing these broader goals.
GENERAL CONCEPTS AND FRAMEWORK
A. Decentralization and Compatibility
The City's system should be a micro -based (but networked), decentralized system as opposed
to a centralized data processing function. This is consistent with the City's commitment to
maintaining a decentralized approach in managing our support service functions as part of an
overall productivity improvement strategy.
2. Decentralized system groupings should be determined based on physical locations such as City
Hall, Corporation Yard, or Police Station.
3. Although decentralized, the City's information systems should be compatible, maximizing the
easy exchange of information between users and departments, and minimizing the duplication
of data bases and maintenance efforts.
B. Full Use of Existing Systems
The full use of existing systems should be a foremost goal, and thus achieved in advance of
acquiring any additional major systems and equipment.
2. In order to fully utilize existing systems, a proactive program of ongoing training should be
provided. The training of staff to use existing equipment and software should be a priority
activity and appropriately supported.
C. Acquisition of New Systems
1. The acquisition and implementation of major systems should be accomplished by working from
an established organization -wide priority list. The priority list should be for a four to five year
period and evaluated and modified at least annually, based on changing needs and technology.
Completion of this priority listing should be accomplished within the next year.
2. When acquisitions are necessary, the City should strive for "state of the art" hardware and
software, but not by purchasing unproven or speculative equipment and systems. Accordingly,
new systems or equipment should have demonstrated reliability and performance in other
organizations prior to their consideration for use by the City.
3. Major acquisitions should be evaluated against a standard criteria which assures that cost- benefit
issues, compatibility of hardware and software, availability of implementation and maintenance
resources, and training requirements are fully considered.
4. The City should acquire equipment and systems only if the skills and resources to effectively
implement and manage the systems are available.
5. Existing, tested and proven "off the shelf' software should be used wherever possible before
seeking custom computer programming. Custom programming should be used only if it can be
shown to be a more appropriate and cost - effective solution in meeting application requirements.
6. All software should be used in conformance with copyright laws.
C
ROLES AND RESPONSIBILITIES
A. City Council and City Administrative Officer
Policies. The Council is responsible for adopting organization -wide management information
systems policies. The City Administrative Officer (CAO) recommends to the Council new
policies and revisions to existing :policies.
2. Long -Term Plans. The Council is responsible for adopting,a comprehensive, organization -wide
master plan that sets overall direction, purpose, and priorities for the City's development and
use of MIS technology. The CAO has overall responsibility for developing this plan, presenting
it to the Council for their approval, and for ensuring implementation after its adoption.
3. Resources. The Council is responsible for allocating the resources necessary to acquire,
manage,, operate, and maintain the City's information systems. The Council also approves
specific acquisitions consistent with the City's purchasing policies. Based on an approved
priority list, the CAO makes specific recommendations to the Council regarding the allocation
of resources and system acquisitions.
4. Organization. The CAP is responsible for the effective management and operation of the
City's MIS activities. To assist him or her in fulfilling this responsibility, the MIS Steering
Committee, System Administrators Group, and Site Users Groups are established under this
policy, and their responsibilities as well as those of City departments are identified. The CAO
is authorized to modify the membership and responsibilities of these groups and departments as
she or he deems appropriate in achieving the overall goals and objectives set forth in this policy
as well as in the adopted MIS master plan.
B. MIS Steering Committee
Responsibilities. The MIS Steering Committee is responsible for:
a. Coordinating development and implementation of the MIS master plan; monitoring
progress in achieving plan goals and objectives; and recommending plan updates to the
CAO on a periodic basis as appropriate.
b. Approving. MIS technical standards as recommended by the System Administrators
Group which would have significant organizational or budgetary impacts.
C. Recommending changes in the MIS policy to the CAO.
d. Reviewing departmental proposals for new applications and making recommendation_ s
to the CAO for inclusion in the priority list as appropriate.
e. Approving organization -wide training strategies.
f. Monitoring the implementation and performance of existing and proposed MIS
applications.
2. Membership. The MIS ,Steering Committee has six members as follows:
a. Representative from Administration
b. Three representatives selected by the Management Team to serve for a two year period
C. Chair of the System Administrators Group
d. Director of Finance
3. Staff Support. The Information Systems Division of the Department of Finance is responsible
for providing staff support to the committee.
4. Meetings. The MIS Steering Committee will meet as necessary to fulfill its responsibilities.
With the concurrence of their department head, other employees interested in these issues are
welcome to attend these meetings and offer their comments and 'advice. Agendas and other
meeting materials will -be distributed to members of the System. Administrators Group as well
as to any other staff members requesting this information.
O C
C. Department of Finance - Information Systems Division Responsibilities
1. Implementing the City's information systems policies and standards.
2. Coordinating the effective use of the City's decentralized information systems.
3. Assuring that organization -wide information system needs are effectively served pursuant to
established organization -wide priorities.
4. Assisting in establishing organization -wide priorities for new system acquisitions.
5. Assuring adequate support, maintenance, and training for the full utilization of existing
organization -wide systems.
a. Information Systems will assist in the support (including maintenance, repairs,
replacement, data communication, and training) of all organization -wide hardware and
software standards that are currently installed or connected to the local area networks
(LAN's). This support includes operating and system software, but excludes specific
departmental data, files, reports, or applications which may use these software packages.
Information Systems is also responsible for administering the wide area network
(WAN).
b. Operating departments are responsible for installing and supporting all specialized
applications (including software, hardware, data communications, and training) whether
provided on a stand alone or LAN basis.
C. On a case -by -case basis, Information Systems may support departmental applications
when requested by the department, recommended by the MIS Steering Committee, and
approved by the CAO.
6. Managing the City's other electronic systems such as copiers and telephones.
D. Operating Department Responsibilities
Utilizing existing information systems in an efficient and effective manner.
2. Identifying existing and future system needs.
3. Assisting in establishing organization -wide priorities for new system acquisitions.
4. Assuring the full use of existing equipment and software prior to developing requests for
additional acquisitions.
5. Installing and supporting specialized applications.
6. Appointing a system administrator for their LAN (or other major departmental system).
E. System Administrators
Each network or major departmental system shall have a "system administrator" who will have lead
responsibility for the performance of that location's micro or mini computer system. Each system
administrator should form a "users group" within their network to resolve LAN problems and to comment
on system -wide problems. Sites requiring a system administrator are subject to change over time.
Locations and systems which require a system administrator at this time include:
1. City Hall
a. Local Area Network
b. Finance System 36
2. 955 Morro (Utilities and Public Works Administrative and Engineering Offices)
3. Corporation Yard/Water Reclamation Facility
4. Police Station
5. Headquarters Fire Station
6. Parking Administrative Office
7. Parks & Recreation Administrative Office
F. System Administrators Group
Responsibilities. This group is responsible for:
a. Coordinating technical issues related to administering the City's local and wide area
networks.
b. Developing and setting MIS technical standards; in the case of MIS technical standards
with significant organizational or budgetary impacts, recommending changes to the MIS
Steering Committee.
C. Developing and implementing organization -wide training programs.
d. Assisting in the development of MIS plans; policies, priorities and resource allocations.
e. Developing strategies for creating and maintaining effective user groups and for
approving user group participation plans as developed by each site system
administrator.
e. Selecting a Chair to facilitate group meetings and to serve on the MIS Steering
Committee.
2. Membersbip. This group is composed of all system administrators as well as the wide area
network administrator and the Information Systems Coordinator..
3. Meetings. The System Administrators Group will meet as necessary to fulfill its
responsibilities. With the concurrence of their department head, other employees interested in
these issues are welcome to attend these meetings and offer their comments and advice.
Agendas and other meeting materials will be distributed to MIS Steering Committee members
as well as to any other staff members requesting this information.
G. User Groups
1. Responsibilities. A users group for each site will be created with the following responsibilities.
a. Working with their site system administrator to ensure that end -user needs are being
met..
b. Recommending new standards, applications, system changes, or training programs that
would improve system performance or staff productivity.
C. Advising on the overall implementation and management of organization -wide
information systems and services.
d. Working with their system administrator in developing strategies for creating and
maintaining an effective users group.
2. Membership, Organization and Meetings. The membership and organization of each users
group will vary from site to site based on their unique needs and interests. It is the
responsibility of each system administrator to develop a plan for creating and maintaining an
effective users group at their site. These plans will be prepared with the assistance of the users
group; reviewed and approved by the System Administrators Group; and distributed by system
administrators to all users at their site.
MISXPOLICV.WP
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GQ, •
8310
RESOLUTION NO. (1994 SERIFS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING FUNDING TO TWENTY -EIGHT AGENCIES
IN THE AMOUNT OF $73,100 FOR FISCAL YEAR 1994 -95
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed
Grants -In -Aid funding to community organizations which provide economic, cultural, and
recreational services to residents and visitors; and
WHEREAS, funding for the Grants -In -Aid program has been included in the 1993 -95
Financial Plan for the City of San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A" shall
be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Exhibit "A" and the City Administrative Officer is authorized to execute such contracts.
Upon motion of Council Member Roalman Seconded by Council Memher Romero and
on the following roll call vote:
AYES: Council Members Roalman, Romero, Rappa and Mayor Pinard
NOES: None
ABSENT: Vice Mayor Settle
R -8310
O O
RESOLUTION NO. 8309 (1994 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENTS TO THE 1993 -95 FINANCIAL PLAN AND
APPROPRIATING FUNDS FOR THE 1994 -95 FISCAL YEAR
WHEREAS, the Council adopted the 1993 -95 Financial Plan on June 15, 1993 which
established comprehensive financial and policy guidelines for the 1993 -94 and 1994 -95 Fiscal
Years; and
WHEREAS, the 1993 -95 Financial Plan included appropriations for Fiscal Year
1994 -95; and
WHEREAS, the Council has reviewed proposed changes to the 1993 -95 Financial
Plan to be effective for Fiscal Year 1994 -95 after scheduled public budget hearings; and
WHEREAS, the City Administrative Officer has submitted the 1993 -95 Financial
Plan Supplement and Preliminary 1994 -95 Budget to Council for their review and
consideration.
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo
that the operating, debt service and capital outlay budget for the fiscal year beginning July
1; 1994 and ending June 30, 1995 is hereby adopted as follows:
Operating programs $30,796,000
Debt service 4,960,200
Capital outlay 76. 85.700
TOTAL $42,541,900
Onmotionof Council Member Rappa ,secondedby Council Member Roalman
and on the following roll call vote;
AYES: Council Members Rappa, Roalman, Romero and Mayor Pinard
NOES: None
ABSENT: Vice.--,Mayor Settle
the foregoing Resolution was passed and adopted this 21st day of June, 1994.
ATTEST:
A
ity Jerk
. . . . •
R -8309
8310
Page 2 - Resolution (1994 Series)
0
the foregoing resolution was passed and adopted this g 1 c r day of June , 19%
ATTEST:
WE
APPROVED AS TO FORM AND CONTENT:
r�
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ENHIBIT "A"
Artemis, A Theatre Co.
ARTematives
Business Improvement Association
Cal Poly Foundation for Cal Poly Arts
Centerpointe Theatre Group
Children's Creative Project
Civic Ballet of San Luis Obispo
Cuesta College Art Gallery
Cuesta College Public Events
Friends of San Luis Obispo Botanical Garden
Foundation for the Performing Arts
Handel Oratorio Choir
La Fiesta de San Luis Obispo
Mission Plaza Cultural Coalition
Mystic Krewe of Kamival
Music and the Arts for Youth
Pacific Repertory Opera
San Luis Obispo Art Assn. (SLO Art Center)
San Luis Obispo Community Concerts Assn.
San Luis Obispo County Arts Council
San Luis Obispo County Band
San Luis Obispo County Symphony
San Luis Obispo County Youth Symphony
San Luis Obispo International Film Festival
San Luis Obispo Little Theatre
San Luis Obispo Mozart Festival
San Luis Obispo Poetry Fest /Literacy Council
San Luis Obispo Vocal Arts Ensemble
g:pcc$
u
$ 2,500
2,000
2,000
2,800
1,000
5,000
2,000
1,500
1,000
2,000
2,000
900
3,000
2,000
5,000
3,000
2,000
4,600
2,000
2,000
2,000
4,000
2,000
4,000
4,800
5,000
1,000
2,000
$73,100
' /
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ACC C�:.�
/1 • .•
C, O
RESOLUTION NO. 8308 (1994 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JULY 1, 1994 -
DECEMBER 31,.1996
BE IT RESOLVED by the Council of the City of san Luis Obispo as follows:
Section 1. The Memorandum of agreement between the City of San Luis
Obispo and the San Luis Obispo City Employees' association, attached hereto as
exhibit "A" and incorporated herein by this reference, is hereby adopted and
ratified.
Section 2. The Finance Director shall adjust the Personnel services
appropriation accounts to reflect the negotiated compensation changes.
Section 3. The City Clerk shall furnish a copy of this resolution and a copy
of the executed Memorandum of Agreement approved by Tim Girvin, SLOCEA
President; Ann Slate, Personnel Director; William Statler, Finance Director.
On motion of Council Member Romero, seconded by Council Member Rappa ,
and on the following roll call vote:
AYES: Council Members Romero, Rappa, Roalman and Mayor Pinard
NOES: None
ABSENT: Vice Mayor Settle
R -8308
Resolution No. 8308 (1994 Series)
Page 2
the foregoing Resolution was passed and adopted this 21st day of June, 1994.
MA bFVPEG PINARD
ATTEST:
LAW15#4 Mid
&WIE MGLADWEIL�bTY CLERK
APPROVED AS TO FORM:
mwlmnm�ffll � nm�
i j V�PWG 4§ENJtlTY ATTORNEY
se:94- 96mclutim
�J�
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O
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS. OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JULY 1, 1994
Through
DECEMBER 31, 1996
RECEIVED
JUN 1 11994
wTr QuERX
SAN LUIS 08WO, Ca
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TABLE. OF CONTENTS
Article No. I Title Page No.
1
Parties to Agreement ....................
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2
Recognition ...........................
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Term of Agreement .....................
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Renegotiation ..................... ..
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Salary ..............................
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Overtime ............................
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Longevity ...........................
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Education Incentive ..................
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Standby ............................
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Callback ...........................
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Work Out -Of -Class ....................
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Temporary Assignment ..................
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Payday ........ .... ..........
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Paychecks Prior To Vacation ..............
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Retirement ..........................
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Insurance and Refund ..... .... . .....
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Long Term Disability Insurance ........ 6 ...
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Holidays ............................
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Sick Leave ...................... ...
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Bereavement Leave ....................
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Family Leave ...... .... ........... ..
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Vacation Leave .......................
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Workers' Compensation Leave ..............
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Work Schedule ........................
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Vacation Sell Back ...................
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Americans With Disabilities Act ............
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Transfer ............................
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Layoffs .......... ..... .......
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Light Duty Assignment ..................
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Class "B" Physicals ....................
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Uniform and Uniform Allowance ...........
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Safety Program .......................
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Required Footwear .....................
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Employee Rights ......................
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Appendix A .......................... 72
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Grievance Procedure ...................
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Representative Role ....................
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Committee Representation ...............
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Dues Deduction .......................
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Copies of Agreement ...................
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Management Rights ....................
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Peaceful Performance ...................
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Full Agreement .......................
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Savings Clause .......................
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Authorized Agents ......................
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Signatures ..........................
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Appendix A .......................... 72
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ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this day of June, 1994, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the
San Luis Obispo City Employees' Association, hereinafter referred to as the
Association.
Nothing in this Agreement between the parties shall, invalidate nor be substituted
for any provisions in City Resolution No. 6620 unless so stipulated to by
provision(s) contained herein and agreed to.
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ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620,
the City hereby recognizes the San Luis Obispo City Employees' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the
General Unit with respect to their compensation, hours and other terms and
conditions of employment for the duration of the Agreement.
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ARTICLE 3
TERM OF AGREEMENT
This Agreement shall become effective upon adoption of Council, except that those
provisions which have specific implementation dates, shall be implemented on
those dates and shall remain in full force and effect until midnight December 31,
1996.
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ARTICLE 4
RENEGOTIATION
If the Association desires to negotiate a successor. Agreement, then the Association
shall serve upon the City, during September of 7996, its written request to begin
negotiations as well as its written proposals for such changes. Negotiations shall
begin within, but no later than, thirty (30) days from the date of receipt of the
notice and proposals by the City..
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ARTICLE 5
SALARY
SECTION A Rules Governing Steo Chanoes
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate
for the class. In cases where it is difficult to secure qualified personnel,
or if a person of unusual qualifications is hired, the Administrative
Officer may authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee
to improve his /her work. An employee may be advanced to the second
step following the completion of six months satisfactory service upon
recommendation by his /her department head and the approval of the
Personnel Director.
(3) The third step represents the middle value of the salary range and is the
rate at which a fully qualified, experienced and ordinarily conscientious
employee may expect to be paid after a reasonable period of
satisfactory service. An employee may be advanced to the third step
after completion of six months service at the second step, provided the
advancement is recommended by the department head and approved
by the Personnel Director.
(4) The fourth and fifth steps are to be awarded only if performance is
deemed competent or above as shown on the last performance
evaluation. An employee may be advanced to the fourth step after
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completion of one year of service at the third step provided the
advancement is recommended by the department head and approved
by the Personnel Director. An employee may be advanced to the fifth
step after completion of two years service (one year for employees who
were at fifth step in one classification and then promoted to a lower
step in a higher classification) at the fourth step provided the
advancement is recommended and justified in writing by the
department head and approved by the Personnel Director.
(5) The above criteria for step increases apply except where other
arrangements are authorized by the Administrative Officer.
(6) In applying the above rules, the next step shall be granted, other
conditions having been met, on the first day of the payroll period within
which the anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege
of the department head and Administrative Officer to reconsider such
increase at any during the year.
(8) Each department head shall be authorized to reevaluate employees who
reach Step 5 in their pay range. An employee who is not performing
up to standard for the fifth step shall be notified in writing that the
department head intends to .reduce him one step unless his job
performance improves to an acceptable _level by the end of 60 days.
Prior to the end of 60 days the department head shall again reevaluate
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the employee and, as part of that reevaluation, shall notify the
employee if the pay reduction shall then become effective. The fifth
step may be reinstated at any time upon recommendation of the
department head. If the department head deems it necessary to again
remove the fifth step during the same fiscal year, he /she may make the
change at any time with three business days written notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y"
rated, freezing his salary until such time as there is an improved job performance.
The department head shall give 60 days written notice to any employee he /she
intends to "Y" rate, giving the employee an opportunity to correct any deficiencies.
A "Y" rated employee would receive. neither step increases nor salary increases
granted by the City Council in a MOA resolution. The "Y" rating procedure shall
not result (then or later) in the employee being frozen below the next lower step of
the new range. For example, if an employee is at step D when "frozen" his /her
salary shall not ever be less then the current step C by this action.
SECTION -C Computation of Salary Range.
Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal
95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across - the - board % salary increase shall raise step 5 of range 1 by that %.
Step 5 of each successive salary range will be 2.63% above step 5 of the next
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lower range. After all step 5's of salary ranges have been established, each step
5 shall be rounded off to the nearest $1.00 and the remaining steps established in
accordance with the above formula.
SECTION D Salary Provision for the Term of Agreement
1. The parties agree to a salary increase as set forth below to be effective
on the first day of the first full payroll period in the month listed, for all
employees employed by the City on the effective date of the increases
beginning January 1995.
January 1995
January 1996
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ARTICLE 6
OVERTIME
A. DEFINITION
C
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of
overtime.
All overtime shall be authorized in writing by the department head prior to
being compensated.
B. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, or in time off (CTO) at the rate of one and
one -half (1 1/2) hours for each hour of overtime worked.
All overtime shall be compensated to the nearest five (5) minutes worked.
C. COMPENSATORY TIME OFF (CTO)
An employee eligible for overtime compensation may elect compensation in
the form of time off (CTO).
An employee shall be compensated in CTO only if the employee's department
head approved such compensation. An employee may not be compensated
in CTO for more than sixty (60) hours of overtime worked in the calendar
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year. Accumulated CTO not taken within the calendar year, shall: be
compensated in cash at. straight time.
Such compensation shall be paid in January of the following year.
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ARTICLE 7
LONGEVITY
A. Employees with hire dates after December 31,, 1973. Effective January 1,.
1983, no employees will become eligible for longevity pay and employees
then receiving longevity pay shall receive no increases in longevity pay based
.on additional service with the City.
B. Employees with hire dates prior to January 1, 1973. Each employee shall be
paid an additional one percent (1 %) of his base salary step following ten years
of'continuous full -time service with the City. An additional one percent (1 %)
of base salary will be added for each subsequent five -year period, calculated
to the nearest one dollar ($1.00).
C. In the event an employee receiving longevity pay is not performing up to the
established standards set for the job, the department head with the
concurrence of the City Administrative Officer, may suspend payment of the
longevity pay until such time as the employee's work performance comes up
to the standard level, in the opinion of the department head and with the
concurrence of the City Administrative Officer..
D. The department head, shall notify the employee in writing that he intends to
suspend the longevity pay unless the employee's job performance improves
significantly within a 60 -day period. If the employee's job performance does
not improve to the desired level by the end of 60 days, the pay reduction shall
then become effective. Longevity pay may be reinstated at any time upon
recommendation of the department head. If the department head deems it.
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necessary to again remove longevity pay during the same fiscal year, he may
make the change at any time with three business days written notice.
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ARTICLE 8
EDUCATION INCENTIVE
Effective January 1, 1983, no new employees will become eligible for education
incentive pay and employees currently receiving education incentive pay shall
receive no increases in education incentive pay based on additional education
received; except that, employees who, in the opinion of the department head, have
been working toward a degree which will make them eligible for education incentive
pay and will complete such work by December 31, 1982, shall be eligible for
education incentive.
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ARTICLE 9
STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed -upon
communication equipment; and
Refrain from activities which might impair his /her assigned duties upon
call.
B. Employee's, other than those assigned to the Water Reclamation Facility will
receive thirty dollars ($30.00) for each week day, thirty -five ($35.00) for each
weekend day, and thirty -five ($35.00) for each holiday of such assignment.
C. Operators at the water Reclamation Facility will receive $23 per day for each
week day and $16 per day for each weekend day and each holiday while on
standby assignment.
D. The parties agree that employees on standby, as defined above, are "waiting
to be engaged."
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ARTICLE 10
CALLBACK
A. DEFINITION
C
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of
the employee's workshift or workweek; or
Except that, an early call -in of up to two (2) hours prior to the scheduled start
or a workshift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will
guarantee either four (4) hours pay in cash at straight time or pay at time and
one -half for time actually worked, whichever is greater
If an employee, who was called back and has completed his /her assignment
and left work, is again called back to work; he /she will not receive another
minimum if the return is within the original minimum.
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1 ARTICLE 11
2 WORK OUT -OF- CLASSIFICATION
3 A. OUT -OF -CLASS ASSIGNMENT
4 For the purposes of this article, an out -of -class assignment is the full -time
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performance of all the significant duties of an available, funded position in one
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7 classification by an individual in a position in another classification. An
8 employee assigned in writing by management to. work out -of -class on a
9 position assigned a higher pay range and is vacant pending an examination or
10 is vacant due to an extended sick leave, shall receive five percent (5 %), but
11 in no case more than the fifth step of the higher class, in addition to their
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regular base rate commencing on the eleventh consecutive workday on the
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14 out -of -class assignment.
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16 Employees assigned as project managers and thereby working out -of-
17 classification shall receive compensation pursuant to this section.
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B. SEASONAL SUPERVISION
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21 If, in addition to his /her regularly assigned employees, any employee
22 responsible for five (5) or more temporary workers for a period exceeding 10
23 consecutive work days shall receive additional pay of 5% commencing with
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ARTICLE 12
TEMPORARY ASSIGNMENT
An appointing authority may temporarily assign an employee to a different position
for a specific period of time, after which the employee returns to his /her regular III
duties and position from which he /she was regularly assigned. Such action shall
have the prior approval of the Personnel Director. An appointing authority may
assign an employee to a different position for a period of time not to exceed 90
days, provided the employee has received 24 hours written notice which includes
reasons for the assignment.
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ARTICLE 13
PAYDAY
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Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
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ARTICLE 14
PAYCHECKS PRIOR TO VACATION
If an employee' is taking vacation leave and wishes to receive his /her regular
paycheck before payday, the employee must notify the Finance Department in
writing at least two weeks prior to the start of vacation, provided the employee has
sufficient vacation time coming to cover the pay period.
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1 ARTICLE 15
2 RETIREMENT
3 A. The City agrees.to provide the.Public Employees' Retirement Systems's 2%
4 at age 60 plan to all eligible employees including the amendments permitting
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conversion of unused sick leave to additional retirement credit and the 1959
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7 survivor's benefit; and. one year final compensation.
8 B. The City agrees to contribute seven percent (7 %) of an employee's salary on
9 behalf of the employee to PERS. These amounts paid by the City are
10 employee contributions and are paid by the City to satisfy the employee's
11 obligation to contribute seven percent (7 %) of salary to PERS. An employee
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has no option to receive the contributed amounts directly instead of having
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14 them paid by the City to PERS on behalf of the employee. It is understood
15 and agreed to by the parties that the City "pick up" of the employee's PERS
16 contribution is made in lieu of a wage increase. Therefore, in all comparisons
17 made with other agencies, seven percent (7 %) of salaries will be added to the
18 total compensation provided by the City to the employees. It is further
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understood and agreed to by the parties that payment of the seven percent
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21 (7 %) PERS contribution is made subject to I.R.S. approval of reporting
22 procedures.
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not.requije the City to expend additional funds toward health insurance
beyond what is already provided for in the various bargaining
agreements. In summary, this cost and any increases will be borne by
the employees.
2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required
to participate in the PERS Health Benefit Program and may receive the
unused portion of the City's contribution (after dental and vision is
deducted) in cash in accordance with the City's Cafeteria Plan. Those
employees will also be assessed $16.00 per month to be placed in the
Retiree Health Insurance Account. This account will be used to fund
the Retiree Health Insurance Account. This account will be used to
fund the City's contribution toward retiree premiums and. the City's
costs for the Public .Employee's Contingency Reserve Fund and the
Administrative Costs. However, there is no requirement .that these
funds be used exclusively for this purpose nor any guarantee that they
will be sufficient to fund retiree health costs, although they will be used
for negotiated employee benefits.
3. Dental and Vision Insurance /Dependent Coverage
Employees will be required to participate in the City's dental and vision
plans at the employee only rate. Should they ,elect to cover dependents
in the City's dental and vision plans, they may do so, even if they do
not have dependent coverage under PERS.
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ARTICLE 16
i7)
INSURANCE AND REFUND
A. CONTRIBUTION
The City shall contribute the $395.00 per month for Cafeteria Plan benefits
for each regular, full time employee covered by this agreement. Less than full-
time employees shall receive a prorated share of the City's contribution.
Effective August 1995, the City contribution shall be increased to $400.00
per month for each regular, full time employee.. Effective August 1996, the
City contribution shall be increased to $420.00 per month each regular, full
time employee.
B: INSURANCE COVERAGE
1. PERS Health Benefit Program
The City has elected to participate in the,PERS Health Benefit Program
with the "unequal contribution option" at the PERS minimum
contribution rate, currently $16.00 per month for active employees and
$1.00 per month for retirees. The City's contribution toward retirees
shall be increased by five (5 %) percent per year of the City's
contribution for the active employees until such time as the
contributions for employees and retirees are equal. The City's
contribution will come out of that amount the City currently contributes
to employees as part of the Cafeteria Plan provided to employees in
their various MOA's. The cost of the City's participation in PERS will
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C. LIFE INSURANCE
Employees in,the General Unit shall have life insurance coverage of Twenty-
five Thousand Dollars ($25,000).
D. MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a Medical
Plan Review Committee. In addition, the Association may appoint one non-
voting representative to provide a wider range of viewpoint for discussion.
The vote of each voting representative shall be weighted according to the
number of employees represented by the association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE
a. review and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA
b. submit to the City and . its employee associations
recommendations on proposed changes for the City's flexible
benefits plan and the insurance plans offered under the MOA
C. disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the
MOA
d. participate in other related assignments requested by the City
and its employee associations.
2. MISCELLANEOUS
a. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
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conferring.
b. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City
and Association.
C. If changes to the City's flexible benefits plan are subject to meet
and confer requirements, the City and the Association agree to
meet and confer in good faith.
d. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has
approved the consultation and fees in advance.
E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to
an employee's catastrophic illness. That is, the employee shall receive regular
City health payment benefit for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances
reach zero (0).
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ARTICLE 17
LONG TERM DISABILITY INSURANCE
A. COVERAGE
All employees shall be covered by Long Term Disability Insurance (LTD).
B. COST OF LTD
The employee shall pay all costs of the program, which-the City shall deduct
from employees' paychecks.
C. ACCUMULATION OF BENEFITS
Time -in- service and other City benefits will only accrue when an employee is
on City -paid time.
D. COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that
take home pay will not exceed .regular take home pay. Paid time is
defined as vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his /her uncas.hed LTD benefit check to Finance.
a. Determination of the ..use of paid time for coordination of
benefits, shall be made by the City.. Employees on. disability
leave shall be required to use all accumulated paid time prior to
using unpaid time.
b. Employees who receive LTD benefits shall receive credit for a
portion of the paid leave used to cover their absence: To
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determine the credit, the amount of their LTD benefit shall be
divided by their base hourly rate multiplied by 1.4. The credit
shall be prorated if the employee has. any non -paid time during
the pay period. To receive the credit, the employee
must sign his /her LTD benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1.4 x $9.67 = $13.54
$384 / $13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE
1. If an employee has no paid time at the beginning of a pay period, the
employee shall neither accrue vacation or sick leave, nor shall the
employee receive his /her regular City health payment benefit except as
provided in #3 below. To continue health insurance, the employee will
have to pay the entire cost of his /her health coverage for that pay
period.
2. If an employee has at least sixteen hours of paid time at the beginning
of a pay period, the employee shall receive his /her regular vacation and
sick leave accruals.
3. If an employee has any paid time at the beginning of a pay period, the
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employee shall. receive his /her regular City health payment benefit for
that pay period.' For continuance of medical insurance see Insurance
and Refund, Article 17, Section F.
F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD. after the required two (2) years
membership, it must present a majority petition indicating such desire.
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ARTICLE 18
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
Last Monday in May - Memorial. Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One -half day before Christmas
One -half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When
a holiday falls on a Sunday, the following Monday shall be observed. A holiday
shall be defined as eight (8) hours of paid time off for regular full -time employees.
Floating holiday accrual: An individual employed on a floating holiday (FH) accrual
date shall be credited with eight (8) hours of additional vacation. Use, carry -over,
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accumulation, etc. of such vacation shall be subject to the same rules and
procedures that coverall accrued .vacation.
The two floating holidays will be accrued January 1 and July 1.
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ARTICLE 19
SICK LEAVE
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A. Sick leave shall be defined as absence from duty because of illness or
off- the -job injury, or exposure to contagious diseases as evidenced by
certification from an accepted medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line -item position shall. accrue sick leave with pay
at the rate of twelve (1.2) days or the shift equivalent per year of
continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in
which it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Administrative
Officer for the uses of sick leave in their departments.
5. A department head shall require written proof of illness from an
authorized medical authority at the employee's expense for sick leave
use in excess of five (5) consecutive working days by personnel in
his /her department. Such proof may be required for periods less than
five (5) consecutive working days where there exists an indication of
abuse.
6. Any employee who is absent because of sickness or other physical
disability shall notify his /her immediate supervisor or department head
as soon as possible but in any event during the first day of absence.
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Any employee who fails to comply with this provision without having
a valid reason. will be placed on -leave of absence without pay during
the unexcused absence and be subject to disciplinary action.
7. Any employee absent for an extended illness or other physical disability
may be required by the Personnel Director to have an examination by
the City's medical examiner at City expense prior to reinstatement to
the City service.
8. -An appointing authority, subject to approval of the Personnel Director,
may require any employee to be medically examined where reasonable
cause exists to believe that an employee has a medical condition which
impairs his /her job effectiveness or may endanger the health, safety or
welfare of the employee, other employees, or the public. Employees
who are judged to be physically incapable of meeting normal
requirements of their positions may be placed in a classification of work
for which they are suitable when a vacancy exists, or may be separated
for physical disability.
9. In the event; that an employee's sick leave benefits become exhausted
due to illness or exposure to contagious disease, the employee shall
revert to a status of leave of absence without pay and be subject to the
provisions_ of the Personnel Rules unless eligible to participate in the
City's Catastrophic Leave Policy. For continuation of medical insurance
see Insurance and Refund, Article 17, Section E.
10. The right to benefits under the sick leave plan shall continue only during
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the period that the employee is employed by the City. This plan shall
not give any employee the right to be .retained in the services of the
City; or any right of claim to sickness disability benefits after separation
from the services of the City. When an employee receives
compensation under the Worker's Compensation Act of California, such
compensation received shall be considered part of the salary to be paid
to the employee eligible for such payments as required by state law.
The amount paid by the City shall be the difference between the
amount received by the employee from the
City's compensation insurance coverage and the eligible employee's
regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall
be entitled to receive any payment or other compensation from the City
while absent from duty by reason of injuries or disability received as a
result of engaging in employment other than employment by-the City
for monetary gain or other compensation other than business or activity
connected with his /her City employment.
12. Accumulation of sick leave days shall be unlimited.
13. 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:
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(a) Death - 25%
(b) Retirement and actual commencement of PIERS benefits:
(1) After ten years of continuous employment - 10%
(2) After twenty years of continuous employment - 15%
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ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to
the death of a member of the employee's immediate family, meaning spouse, child,
brother, sister, parent, parent -in -law, step parent, step- brother, step- sister,
grandparent, or any other relative living in the same householct, provided such leave
as defined in this section shall not exceed five (5) working days (40 hours) for each
incident. The employee may be required to submit proof of relative's death before
being granted sick leave pay. False information concerning the death or relationship
shall be cause for discharge.
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ARTICLE. 21.
FAMILY LEAVE
A. An employee may take up to two (2) days 0 6 hours) of sick leave per year
if required to be away from the job to personally care for a member of his /her I
immediate family.
B. An employee may take up to five (5) days (40 hours) of-sick leave per year if
the family member is part of the employee's. household.
C. An employee may take up to seven (7) days (56 hours) of sick leave per year
if the family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined as spouse, child,
brother, sister, parent, parent -in -law, step- parent, step- brother, step- sister,
grandparent, or any other relative living in the same household..
E. The amounts shown in A, 6, and C above are annual maximums, not
maximums per qualifying family member.
F. In conjunction with existing leave benefits, Unit employees with one year of
City service who have worked at least 1280 hours in the last year, may be
eligible for up to 12 weeks of Family /Medical Leave within any 12 month
period. Family /Medical Leave can be used for:
1. A new child through birth, adoption or foster care (maternal or
paternal leave)
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2. A seriously ill child, spouse or parent who requires hospitalization
or continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the
existing four month Pregnancy- Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personnel illness will be
subtracted from the 12 weeks allowed by the Family /Medical Leave Program.
Employees must use all available vacation, compensatory time and
administrative leave and, if appropriate, sick leave prior to receiving unpaid
Family /Medical Leave.
Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However,
employees who receive cash back under the City's Flexible Benefit Plan will
not receive that cash during the Family /Medical Leave. Only City group health
insurance premiums will be paid by the City.
If an employee does not return to work following leave the City may collect
the amount paid for health insurance by the City during the leave. There are
two exceptions to this rule:
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1. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family /Medical Leaves, are available through the City's
"Guide to Family /Leave Program."
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ARTICLE 22
VACATION LEAVE
A. Each incumbent of a 40 hour a week line -item position shall accrue vacation
leave with pay at the rate of 12 days (96 hours) per year of continuous
service since the benefit date for the first five years, 15 days (120 hours) per
year upon completion of five years, 18 days (144 hours) per year upon
completion of ten years, and 20 days (160 hours) upon completion of twenty
years.
B. An incumbent is not eligible to use accrued vacation leave until it has been
accrued, and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any
unused vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a
manner that neither jeopardizes their vacation balance nor the efficiency of the
work unit. Vacation schedules must be reviewed by management prior to the
scheduled vacation. Vacation schedules will be based upon the needs of the
City and then, insofar as possible, upon the wishes of the employee.
Management may not deny an employee's vacation request if such denial will
result in the loss of vacation accrual by the employee, except that,
management may approve a two -month extension of maximum vacation
accrual. In no event shall more than one such extension be granted in any
calendar year.
E: Any employee who is on approved vacation leave and becomes eligible for
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sick leave, as defined in Section 2.36:.420 of the Municipal, Code, may have
such time credited. as sick leave under the following conditions:
1. A physician's statement certifying that illness, injury or exposure
to contagious disease has occurred is presented to the supervisor
upon returning to work.
2. The vacation leave immediately ends and the employee reports
to work following the-end of sick leave usage.-.. (Ordinance No:
782 - 1978 Series)
F. Vacation leave shall be accrued as earned through December 31, up to a
maximum of twice the annual rate.
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ARTICLE 23
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on- the -job injury in accordance
with state workers' compensation law and is not eligible for disability payments
under labor code section 4850 shall be paid the difference between his base salary
and the amount provided by workers' compensation law: during the first 90
business days of such temporary disability absence. Eligibility for workers'
compensation leave requires an open workers' compensation claim. For
continuation of medical insurance see Insurance and Refund, Article 17, Section F.
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ARTICLE 24
WORK SCHEDULE
This article is intended to define the normal hours of work and shall not be
construed as a guarantee of hours of work per day or hours of work per week, or
of days of work per week.
Employees shall be scheduled to work on regular workshifts having regular starting
and quitting times. Except for emergencies, employees' workshifts shall not be
changed without reasonable prior written notice to the employee and the Personnel
Director. Neither callback nor overtime constitute a change in workshift. All
references to accrual of vacation, holiday or sick leave in the Agreement shall be
interpreted as one (1) day being equivalent to eight (8) hours.
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1 ARTICLE 25
2 VACATION SELL BACK
3 All employees in this unit are eligible, once annually in December, to request
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payment for up to twenty four (24) hours of unused vacation leave provided that
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an employee's overall performance and attendance practices are satisfactory.
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7 Employees must have eighty (80) hours of accrued vacation leave to be eligible.
8 Payment for unused vacation leave is subject to the availability of budgeted funds.
9 Effective December 1994, the amount of unused vacation eligible for sell back shall
10 be increased to thirty (30) hours.
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ARTICLE 26
AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with
Disabilities Act. It is agreed that the City shall take all necessary actions to comply
with the provisions of this Act. If necessary, sections of this Memorandum of
Agreement and /or the City Personnel Rules may be suspended in order to achieve
compliance.
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ARTICLE 27
TRANSFER
A. TRANSFER REQUEST
Employees who want to transfer may notify the City by filing a form with the
Personnel Department. Such form shall be developed and made available by
the Personnel Department.
B. TRANSFER PROCESS
Upon proper notice and concurrence by the City Administrative Officer, an
employee may be transferred by the appointing authority from one position to
another in the same pay range provided he /she possesses the minimum
qualifications as determined by the Personnel Director.
If the transfer involves a change from one department to another, both department
heads must consent thereto unless the City Administrative Officer orders the
transfer for purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
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ARTICLE 28
LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo
shall determine when and in what position classifications layoffs are to occur. The
Personnel Director shall be responsible for the implementation of a layoff order of
the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be
laid off, the order of layoffs shall be as follows:
1. Temporary and contract employees, in the order to be determined
by the appointing authority;
2. Probationary employees (promotional probation excluded), in the
order to be determined by the appointing authority;
3. -Regular employees in the order determined by the following
excerpt from the Personnel Rules and Regulations, 2.36.280 "B ":
a. For regular employees, layoffs shall be governed by job
performance and seniority in service within a particular
department and job classification; that is, a regular employee
being laid off shall be that employee with the least seniority
in the particular job classification concerned and in the
department involved who is in the lowest job performance
category based on the overall performance rating on the last
evaluation form due prior to the effective date of the
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layoff(s). In other words, the regular employee in the lowest
job performance category having the least seniority within the
job classification to be deleted from a department will be the
first to be laid off.
b. In the event two or more employees in the same job
classification are in the same job performance category, the
employee with the least amount of service with the City shall
be laid off first.
c. Transfer to another department in lieu of layoff is authorized
upon approval of the department needs, if there is a vacancy
and the employee meets the minimum job requirements.
d. Regular part time employees shall receive prorated seniority
credit.
B. Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed
on the appropriate Reemployment List for one year. The recall of
employees will be in reverse order of layoff, depending upon City
requirements.
Reemployment lists shall be used for filling those classes
requiring substantially the same minimum qualifications, duties
and responsibilities of the class from which the layoff was made.
C. Appointment of Laid -Off Employees to Vacant Class.
1 An appointing authority may, _with the approval of the
2 department head and the Personnel Director and in agreement
3 with the employee, appoint an employee who is to be laid off to
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a vacancy in a vacant class for which he or she is qualified.
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6 D. Employee reassignments (bumping procedure) for SLOCEA only:
7 1. Employees who have been promoted during their service
8 with the City may bump back one classification in their
9 career series to a position they formerly held, if there is
10 an employee in the lower classification with less
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seniority than the employee who wants to bump..
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Seniority for the purpose of this section shall mean time
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14 in the lower classification plus time in directly related
15 higher. classifications. For example, an . employee
16 `attempting to bump to Accounting Assistant II from
17 Accounting Assistant III would utilize their combined
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time as a II and III in determining whether or not they
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21 classification.
22 2. Reassignment rights may be exercised only once in
23 connection with any one layoff, and shall be exercised
24 within seven (7) calendar days from the date of the notice
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of the layoff, by written "notice from the employee.
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3. The bumping right shall be considered exercised by the
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displacement of another employee with lesser total service
or by the acceptance of a vacant position in the class with
the same or lower salary.
4. Full time and part time regular employees shall have
bumping rights for either full time regular or part time regular
positions.
5. Notwithstanding the foregoing, if the City Administrative
Officer determines that the public interest will not be served
by application of the above criteria, the City Administrative
Officer may depart therefrom on the basis of 'a clearly
demonstrable superiority in performance and /or
qualifications.
6. Employees on layoff shall be offered reemployment in the
inverse order of layoff, provided no intervening factors have
occurred which essentially change the ability' of the
employee to perform the offered employment. -
E. Employment programs with special requirements will be administered
in accordance with appropriate. Federal or State guidelines and
directives.
F. The City will notify recognized employee organizations of the effective
date of any reduction in force concurrent with the notice to the
affected employee(s) pursuant to G, below.
G. Notice of Layoff to Employees.
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An employee to be laid -off shall be notified in writing of the impending
action at least thirty (30) calendar days in advance of the effective date
of the lay -off. The notice shall include the following information:
1. Reason for lay -off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names From Reemployment. Lists.
The Personnel Director may remove an employee's name from a
reinstatement list if any of the following occur:
1. the individual indicates that he /she will be unable to return
to employment with the City .during the life of the list; or
2. the individual cannot be reached after reasonable efforts
have been made to do so. The City shall utilize certified mail
when contacting individuals; or
3. the individual refuses two reemployment offers.: Individuals
shall have" ten (10) days to respond to the offer of
reemployment and an additional fourteen 0 4) days to return
to work.
K. Employee Rights And Responsibilities.
In addition to others 'identified herein, employees affected by these
procedures shall have the following .rights:
1:' Through prior arrangement with his /her immediate supervisor
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an employee who has been notified of his /her impending
layoff shall be granted reasonable time off without loss of
pay to participate in a prescheduled interview or test for
other employment.
2. An employee who has been laid off shall be paid in full for
his /her unused accrued vacation leave-on the effective date
of the layoff
3. When an individual is reemployed he /she shall be entitled to:
a. Retain his /her seniority date.
b. Accrue vacation leave at the same rate at which it
was accrued at the time of the layoff.
C. Have any unused sick leave reinstated.
An individual reemployed into the job classification from which he /she
was laid off shall be assigned to the same salary range and step he /she
held at the time of the layoff. An individual reemployed into a job
classification other than the classification from which he /she was laid
off shall be assigned to the salary range of the new classification at the
amount closest to the salary he /she earned at the time of the layoff.
An individual reemployed into the classification from which he /she was
laid off while still a probationary employee shall complete, upon return
to the job, the remaining portion of his /her probationary period, if any,
in effect at the time of the layoff: Similarly, an individual who is
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reemployed shall complete upon return to the job the same work time
he /she would have had to work at the time of the layoff to attain a
higher vacation leave accrual rate or to become eligible for a salary step
increase, if such changes are possible.
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ARTICLE 29
LIGHT DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of his /her
normal duties and management. determines modified work is available and
necessary to be performed,
he or she
may,
with medical
authorization,
be
temporarily assigned to such
work for a
period
not to exceed
six months.
No
change in base pay will result unless the duties to be performed are substantially
greater or lesser than those normally performed by the employee and the
employee's current pay rate is not within the pay range for the temporarily assigned
work. In no event shall and employee's current pay rate be reduced more than four
(4) ranges at the same step.
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ARTICLE 30
CLASS "B" PHYSICALS
The city will pay for costs for physical exams not covered by city insurance policies
required for those employees required by the City to hold valid Class "B" California
drivers licenses.
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ARTICLE 31
UNIFORM AND UNIFORM ALLOWANCE
A. The secretaries and clerk typists in the Police Department shall receive a one
hundred and twenty -five dollar ($125:00) uniform allowance quarterly.
B. This allowance shall not be paid for any employee who is off duty for more
than three pay periods. If the employee returns to work during that quarter,
his /her uniform allowance will be prorated.
C. All other employees required to wear City uniforms shall be provided clean
uniforms. A uniform includes either one shirt and pants combination or one
pair of coveralls.
D. Uniforms and work shoes shall only be used on City business
E. Employees required to wear City uniforms shall only be permitted to wear
other clothing for medical reasons upon submission of a letter from the city
doctor certifying that the city uniform is injurious to their health. Decisions
regarding this paragraph shall be made by the Personnel Director on a
case -by -case basis.
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1 ARTICLE 32
2 SAFETY PROGRAM
3 The City shall continue a compensation program for safety representatives on the
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basis that each designated safety member shall be- compensated at the rate of
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6 $10.00 per month. The description of the duties of a safety committee member
7 shall be designed by the Personnel Director or his /her designee. The intent of the
8 safety representatives is to assist the Personnel Director and the overall safety
9 program in reducing accidents by reporting hazardous conditions.
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ARTICLE 33
REQUIRED_ FOOTWEAR
It is the requirement of the City for employees in certain work environments to
wear steel toe boots. As new boots are required, the employee shall turn in the old
boots to receive reimbursement of up to $100.0O for a new pair or for repairs to,
the old pair. It shall be at the discretion of the supervisor to determine whether a
new pair is warranted. If there is disagreement in boot replacement, the matter
shall be appealed to the Risk Manager, whose decision shall be final. Supervisors
may also make arrangements for boots to be repaired rather than replaced by using
strap -on "steel toes" or giving temporary assignments that do not require steel toe
boots while repairs are taking place.
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ARTICLE 35
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication
of the employer- employee resolution, the personnel rules and regulations, any
Memorandum of Agreement, excluding disciplinary matters, or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative
to accompany him /her at each step of the process. If the matter can
be resolved at that level to the satisfaction of the employee, the
grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to
the department head for consideration, stating the facts on which it
was based, including the provision of the rules, regulations, or
agreement said to be violated, and the proposed remedy. This action
must take place within fifteen (15) business days of the response of
the supervisor's immediate superior but in no event later than thirty
(30) calendar days after the occurrence of the event giving rise to the
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ARTICLE 34
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer - employee relations including but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to join or participate in the
activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights..
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BrieVance. The department head shall promptly consider the grievance
and render a decision in writing within fifteen (15) business days of
receiving the written grievance. If the employee accepts the
department head's decision, the grievance shall be considered
terminated.
C. If the employee is dissatisfied with the department head's decision, the
employee may immediately submit the grievance in writing to the
Personnel Director within seven (7) business days of receiving the
department heads's decision. The Personnel Director shall confer with
the employee- and the department head and any other interested
parties, and shall conduct such other investigations as may be
advisable.
D. The results of findings of such conferences and investigations shall be
submitted to the.City Administrative Officer in writing within fifteen
(15) business days of receiving the employee's written request. The
City Administrative Officer will meet with the employee if the employee
so desires before rendering a decision with respect to the complaint:
The City Administrative Officer's decision and reason if denied shall be
in writing and given the employee within twenty (20) business days of
receiving the Personnel Director's results and findings.. Such decision
shall be final unless employee desires the Personnel Board to review the
decision. If such is the case, the employee will have ten (10) business
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days following. receipt of the City Administrative Officer's decision to
submit a written request to the Personnel Board through the Personnel
Director fora review of the decision. The Personnel Board within thirty J
(30) business days shall review the record and either (1) issue an
advisory opinion to the City Administrative Officer; or (2) conduct a
hearing on the matter. If a hearing is held, an advisory opinion shall be
rendered by the Board within ten (10) business days of the close of
such hearing. If an opinion signed. by at least three (3) members of the
Personnel Board recommends overruling or modifying the City
Administrative Officer's decision, the City Administrative Officer shall
comply or appeal this recommendation to the City Council. Such
appeal shall be filed with the City Clerk within three (3) business days
of the Board's action. If appealed, the City Council shall review the
case on the record and render a final decision within thirty (30)
business days of submittal:
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1 ARTICLE 36
2 REPRESENTATIVE ROLE
3 Members of any recognized employee organization may, by a reasonable method,
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select not more than three employee members of such organization, one employee
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observer, and the Association President to meet and confer with the Municipal
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7 Employee Relations Officer and other management officials (after written
8 certification of such selection is provided by an authorized official of the
9 organization) on subjects within the scope of representation during regular duty or
10 work hours without loss of compensation or other benefits.
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The employee organization shall, whenever practicable, submit the name(s) of each
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14 employee representative to the Municipal Employee Relations Officer at least two
15 working days in advance of such meeting. Provided further:
16 (1) That no employee representative shall leave his or her duty or work
17 station or assignment without specific approval of the department head
18 or other authorized City management official. If ° employee
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representatives cannot be released, date of meeting will be rescheduled
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21 in accordance with item (2) below.
22 (2) That any such meeting is subject to scheduling by City management
23 consistent with operating needs and work schedules. Nothing provided -
24 herein, however, shall limit or restrict City management from scheduling
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such meetings before or after regular duty or work hours.
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ARTICLE 37
COMMITTEE REPRESENTATION
A. If the Director of Personnel establishes a committee to study possible changes
which will affect significant numbers of employees in the unit in subjects
within the scope of representation, and if the Personnel Director includes unit
members on the committee, such committee members shall be designated by
the Personnel Director after consultation with the Association.
This unit shall have the same number of committee members as each other
unit has.
B. Two representatives of the bargaining unit designated by the Association and
two representatives of management designated by the City shall meet on a
quarterly basis to discuss issues of concern to the parties. The first such
meeting shall be in April of 1988.
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ARTICLE 38
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the
Association on a bi- weekly basis for the duration of this Agreement, which dues
shall not include assessments. Bi- weekly dues deduction additions and /or deletions
shall be recorded by the City's Finance Officer and a notification of all dues
transactions shall be sent bi- weekly to the Association Treasurer.
The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions. The
Association shall refund to the City any amount paid to it in error upon presentation
of supporting evidence.
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ARTICLE 39
COPIES OF AGREEMENT
Parties agree City shall provide thirty (30) copies of the Agreement to the
Association. Association shall pay 1/2 City's actual cost. Parties shall consult
concerning size and format of printed agreement and concerning who does the
printing of the agreement.
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ARTICLE: 40
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissioris and boards; set
standards of service; determine the procedures and standards of selection for
employment and promotion; direct its employees; take disciplinary action; relieve
its employees from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of governmental operations; determine the methods, means
and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and
the technology of performing its work.
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ARTICLE 41
PEACEFUL PERFORMANCE
If an employee participates in a strike or a concerted work stoppage, the City may
apply discipline up to and including discharge. However, nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his
employment.
A. Employee organizations shall not hinder, delay, or interfere, coerce
employees of the City to hinder,.delay, or interfere with the peaceful
performance of City services by strike, concerted work stoppage,
cessation of work, slow -down, sit - down, stay -away, or unlawful
picketing.
B. In the event that there occurs any strike, concerted work stoppage, or
any other form of interference with or limitation of the .peaceful
performance of City services prohibited by this article, the City, in
addition to any other lawful remedies of disciplinary actions, may by
action of the Municipal Employee Relations Officer cancel any or all
payroll deductions, prohibit the use of bulletin boards, prohibit the use
of City facilities, and withdraw recognition of the employee organization
or organizations participating in such actions.
C. Employees shall not be locked out or prevented by management
officials from performing their assigned duties when such employees
are willing and able to perform such duties in the customary manner
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and at, a reasonable level of efficiency, provided there is Work to
perform.
Any decision made under the provisions of the Article may be. appealed to the City
Council .by filing a written Notice of Appeal with the City Clerk,
accompanied 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 complaint is based, or it will be considered closed and not subject to any
other appeal.
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ARTICLE 42
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association. The Agreement
supersedes all previous Memoranda of Understanding or Memoranda of Agreement
between the City and the Association except as specifically referred to in this
Agreement. The parties, for the term of this Agreement, voluntarily and
unqualifiedly agree to waive the obligation to negotiate with respect to any
practice, subject or matter not specifically referred to or covered in this Agreement
even though such practice, subject or matter may not have been within the
knowledge of the parties at the time this Agreement was negotiated and signed.
In the event any new practice, subject or matter arises during the term of this
Agreement and an action is proposed by the City, the Association shall be afforded
notice and shall have the right to meet and confer upon request.
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ARTICLE 43
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by
any court of competent jurisdiction, or if compliance with or enforcement of any
provision should be restrained by any tribunal; the remainder of this Agreement
shall not be affected thereby, and the parties shall enter into a meet and confer
session for the sole purpose of arriving at a mutually satisfactory replacement for
such provision within a thirty (30) day work period. If no agreement has been
reached, the parties agree to invoke the provision of impasse under Section 13 of
City Resolution No. 6620.
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ARTICLE 44 '
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President
(address: 990 Palm Street, San Luis Obispo, California 93401: (805)
781- 7047).
B. Management's principal authorized agent shall be the Personnel Director
or his /her duly authorized representative (address: P.O. Box 8100, San
Luis Obispo, CA 93403 -8100; telephone: (805) 781 - 7252).
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ARTICLE 45
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown
in Appendix "A ".
This Agreement becomes effective June 1994 as witnessed hereto by the li
following parties:
CITY OF SAN LUIS OBISPO
William Avery, City Consultant
Ann Slate, Personnel Director
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
Paul Bechely, SLOCEA Consultant
Tim Girvin, President
Other City Negotiating Team Members: Other SLOCEA Negotiating Team Members
Deb Hossli Diane Stuart
Laurie Hanson
Mike Bertaccini
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16
17
18
19
20
21
22
23
24
25
26
27
28
C
APPENDIX A
CLASSIFICATIONS
Clerical
• Office Assistant I
• Office Assistant II
Secretary I
Secretary II
Administrative Assistant
Administrative Secretary
Senior Administrative Secretary
Assistant City Clerk
Council Secretary
Accounting Assistant II
Accounting Assistant III
Computer Systems Technician I
Computer Systems Technician II
Technical Systems Coordinator
• Police Records Clerk I
• Police Records Clerk II
Recreation Coordinator I
Recreation Coordinator II
Maintenance
• Janitor I
• Janitor II
Janitor III
Building Maintenance Technician
• Maintenance Worker I
• Maintenance. Worker II - Buildings
• Maintenance Worker LI - Parks
• Maintenance Worker II - Streets
Maintenance Worker III - Parks
Maintenance Worker III - Streets
Parks Maintenance Technician
Street Painter
• Tree Trimmer I
72
46
1
• 1
2
3
4
5
6
7'
8
9'.
10'
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Tree Trimmer.11
Pool Technician
Heavy Equipment Operator I
Heavy Equipment Operator II
Heavy Equipment Mechanic
Parking Meter Repair Worker
Signal Maintenance Electrician
Miscellaneous
Parking Enforcement Officer
Utilities
Industrial Waste Inspector
Telemetry & Instrumentation Technician
• Utility Worker II
Utility Worker III
Water Laboratory Technician
Water Reclamation Laboratory Technician
• Water Reclamation Facility Operator Trainee
• Water Reclamation Facility Operator I
• Water Reclamation Facility Operator II
• Water Services Worker II
Water Services Worker III
• Water Treatment Plant Operator I
• Water Treatment Plant Operator II
• Water Treatment Plant Operator III
• Water Supply Operator II
Water Supply Operator III
Planning/Eng ineering
• Assistant Planner .
• Associate Planner
Building Permit. Coordinator
Graphics Technician
Engineering Technician
Engineering Assistant
Field Engineering Assistant
Civil Engineer
Building Inspector
73
1
Fire Inspector
Fire Plan Check Inspector
2
Projects Inspector
Public Works Inspector
3
Zoning Inspector
4
Dots (.) designate positions within a classification series.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
74
28
RESOLUTION NO. 8307(1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING A TEMPORARY SIDEWALK WIDTH EXCEPTION AT 770 SERRANO
DRIVE.
WHEREAS, the City Council considered a request by Ted Herzog and Mark Alonzo
for an exception to the City's standards to allow a 4.5 ft. -wide sidewalk along a portion of
the frontage of 770 Serrano Drive to accommodate an existing row of pittosporum trees to
screen an existing non - conforming portion of the structure, and
WHEREAS, a petition, signed by 18 residents of the Serrano Drive neighborhood was
submitted to the City recommending approval of this request, and
WHEREAS, a covenant was previously recorded which provides for installation of a
6 ft wide sidewalk upon 30 days notice by the City Engineer.
NOW THEREFORE BE IT RESOLVED that this Council hereby approves a
"temporary" exception to City standards to allow installation of only a 4.5 ft wide sidewalk
for a 30 ft. long section of the frontage of 770 Serrano Drive adjacent to the non- conforming
(street setback) portion of the residence as long as the non - conforming structure exists. The
remaining sidewalk shall be 6 ft. wide across the frontage of the parcel.
The full length 6 ft. wide sidewalk widening required for Parcel 2 (770 Serrano Drive) under
Minor Subdivision No. 89 -159 is hereby postponed to a later date as stated above.
R -8307
Resolution No.830X1994 Series)
Page two
On motion of Roalman , seconded by Rappa and on the following roll call
vote:
AYES: Council Members Roalman, Rappa and Mayor Pinard
NOES: Council Member Romero
ABSENT: Vice Mayor Settle
the foregoing Resolution was passed and adopted this 21s day of dune , 1994.
Mayor g Pinard
City erk Diane G well
APPROVED:
y c --0
Cify A tom y
G: \ ... \Misc \770Serran,no
-poi .
770
RESOLUTION NO. 83o6 1994 Series)
A RESOLUTION OF COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATION LIMIT AND SELECTING THE
ADJUSTMENT FACTORS FOR THE FISCAL YEAR 1994 -1995
. WHEREAS, the voters approved the Gann Spending - Limitation Initiative on
November 6, 1979 and Proposition 111 on June 5, 1990, which established and defined
annual appropriation limits on State and local government entities; and,
WHEREAS, regulations provide for the establishment by resolution by the governing
body of each local jurisdiction of its appropriations limit and the annual adjustment factors;
and,
WHEREAS, the required computations to determine the estimated appropriations
subject to limitation for Fiscal Year 1994 -95 have been performed by the Department of
Finance and are available for public review.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo does hereby adopt the following appropriation limit and annual adjustment factors
for Fiscal Year 1994 -95:
Appropriations Limit, 1993 -94 $23,110,100
Cost of Living Factor
California Per Capita Income 0.71%
Population Factor
County Population Growth 1.40%
Appropriations Limit, 1993 -94 $23,600,000
u -win6
Resolution No. 83016 (1994 Series)
C
Page 2
Uponmotionof Council Member Romero, secondedby Council. Member Rappa and
on the following roll call vote:
AYES: Council Members Romero, Rappa$ Roalman and Mayor Pinard
NOES: None
ABSENT: Vice Mayor Settle
the foregoing resolution was adopted this
Peg PinarcYj Mayor
ATTEST:
I�qavz2i�d&�
ty erk
APPROVED AS TO FORM
t ftor y
21st day of
June. 1994..
�� � � � ��c�y �
�; ��a
� )�
RESOLUTION NO. 8305 (1994 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO REQUESTING THE SAN LUIS
OBISPO COUNTY BOARD OF SUPERVISORS
TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
ON TUESDAY, NOVEMBER 8, 1994, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
BE IT RESOLVED by the City of San Luis Obispo as follows:
SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby
requested to order the consolidation of the General Municipal Election with the Statewide
General Election to be held on Tuesday, November 8, 1994, and said Board of Supervisors
is hereby authorized to canvass the returns of the election called and the election shall be
held in all respects as if there were only one election and one form of ballot, namely the
ballot used at such general election shall be used. The precincts, polling places and officers .
of election for the General Municipal Election hereby called shall be the same as those
provided for said Statewide General Election and as set forth in Section 23312 of the
Election Code.
The Board of Supervisors is requested to certify the results of the canvass of the
returns of the General Municipal Election to the Council of the City of San Luis Obispo,
which shall thereupon declare the results thereof..
SECTION 2. The Board of Supervisors is hereby requested to issue instructions to
the County Clerk and Registrar of Voters to take any and all steps necessary for the holding
of said General Municipal Election. The City will pay its pro rata share of extra costs
incurred by the County in consolidating the elections pursuant to Section 51350 of the
Government Code.
R -8305
Resolution No. 8305 (1994 SERIES)
O
Page Two
SECTION 3. The City Clerk is hereby directed to file certified copies of this
resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of
the County of San Luis Obispo.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution.
On motion of Romero , seconded by Settle
and on the following roll call vote:
AYES:- Council Members Romero, Settle, Rappa, Roalman and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 14th day of June, 1994.
O p
Mayor Pe#Vfnard
ATTEST:
>dome
City CYerk Diane A. Gla ell
APPROVED:
I WIN
a
RESOLUTION NO. 8304 (1994 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 1994 FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES
BE IT RESOLVED that the City Council of the City of San Luis Obispo as follows:
SECTION I. Pursuant to the requirements of the laws of the State of California
relating to Charter Cities, and Section 302 of the City Charter, there is called and ordered
to be held in the City of San Luis Obispo, California, on Tuesday, November 8, 1994, a
General Municipal Election to fill the following offices:
(a) Mayor - two (2) year term
(b) Two (2) Council Members - four (4) year terms each
SECTION 2. That the ballots to be used at the election shall.be in form and content
as required by law;
SECTION 3.. That the City Clerk is authorized, instructed and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies, equipment
and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of
the day of the election and shall remain open continuously from that time until eight o'clock
p.m. of the same day when the polls shall be closed.
R -8304
Resolution No. 8304 (1994 Series)
N
Page Two
SECTION 5. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for the holding of municipal elections.
SECTION 5. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
On motion of Romero
and on the following roll call vote:
seconded by settle_
AYES: Council Members Romero, Settle, Rappa, Roalman :and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 14th day of June, 1994.
WjF2AW.WdWF0dP4-TW-,PAW, =
MIm
Ci Clerk Dia a R. well
APPROVED:
r�
RESOLUTION NO. 8303
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS
OBISPO CAPITAL IMPROVEMENT BOARD AUTHORIZING THE
ISSUANCE AND SALE OF REFUNDING BONDS FOR THE PURPOSE OF
REFINANCING 1986 LEASE REVENUE BONDS, AUTHORIZING THE
AMENDMENT AND RESTATEMENT OF 1986 LEASE WITH THE CITY OF
SAN LUIS OBISPO, AND APPROVING RELATED DOCUMENTS AND
OFFICIAL ACTIONS
WHEREAS, the City Council of the City of San Luis Obispo (the "City ") has
previously adopted its Ordinance No. 1059 (1986 Series) on April 15,1986 (the "Ordinance "),
establishing the City of San Luis Obispo Capital Improvement Board (the "Board ") for the
purpose of assisting the City in the financing of public improvements; and
WHEREAS, in furtherance of its public purposes, the Board has previously financed
the acquisition and construction of various public improvements consisting generally of
city hall improvements, a police station and public parking facilities (collectively, the
"Projects ") pursuant to a Lease Agreement dated as of June 15, 1986 (the "1986 Lease
Agreement") under which the Board has leased the Projects to the City; and
WHEREAS, funds for the acquisition and construction of the Projects have been
provided by the Board through .the issuance of its $13,970,000 aggregate principal amount of
Lease Revenue Bonds (Capital Improvement Projects), Series 1986 (the "1986 Bonds "); and
WHEREAS, in order to take advantage of current prevailing interest rates and
thereby realize substantial savings, the City has requested the Board at this time to
undertake and complete proceedings for the refinancing of the 1986 Lease Agreement and
the 1986 Bonds, and to that end the City and the Board have proposed to amend and restate
the 1986 Lease Agreement and the Board has proposed to issue its 1994 Refunding Lease
Revenue Bonds in the principal amount of not to exceed $12,750,000 (the 'Bonds ") which
are secured by rental payments made by the City under the amended and restated 1986 Lease
Agreement; and
WHEREAS, the firm of Evensen Dodge, Inc., as financial adviser to the City and the
Board (the "Financial Adviser"), has recommended that the Board sell the Bonds on a
negotiated basis; and
WHEREAS, the Board of Directors wishes at this time to approve such financing
transactions and all documents relating thereto;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San
Luis Obispo Capital Improvement Board as follows:
R -8303
SECTION 1. Issuance_of Bonds; Approval of Indenture. The Board of Directors
hereby authorizes the issuance of the Bonds under and pursuant to Ordinance in the
maximum principal amount of $12,750,000. The Bonds shall be issued pursuant to the
terms and provisions of the Indenture of Trust by and between the Board and Bank of
America National Trust and Savings Association, as trustee (the "Trustee "), which the
Board hereby approves in substantially the form on file with the Secretary, together with
any changes therein or additions thereto deemed advisable by the President. The Board of
Directors hereby authorizes and directs the Executive Director to execute, and the Secretary
to attest and affix the seal of the Board to, said form of the Indenture for and in the name of
the Board. The Board of Directors hereby authorizes the delivery and performance of the
Indenture.
SECTION.2. Approval of Related Financing Agreements. The Board of Directors
hereby approves each of the following agreements required to implement the financing
plans to be accomplished by the Bonds; in substantially the respective forms on file with the
Secretary together with any changes therein or additions thereto deemed advisable by the
Executive Director, whose execution thereof shall be conclusive evidence of the approval of
any such changes or additions. The Executive Director is hereby authorized and directed for
and in the name and on behalf of the Board to execute, and the Secretary is hereby
authorized and directed to attest and affix the seal of the Board to, the final form of each
such agreement:
(a) First Amended and Restated Lease Agreement by and between the
Board as lessor and the City as lessee, relating to the amendment and
restatement of the 1986 Lease Agreement;
(b) Assignment Agreement by and between the Board and the
Trustee, whereby the Board assigns certain of its rights under the First
Amended and Restated Lease Agreement to the Trustee for the benefit of the
Bond owners; and
(c) Escrow Deposit and Trust Agreement by and among the Board, the
City and the Trustee, relating to the establishment of an irrevocable escrow
for the advance refunding of the 1986 Bonds and the 1986 Lease Agreement.
SECTION 3. Sale of Bonds. The Board of Directors hereby approves the negotiated
sale of the Bonds to an underwriting or investment banking firm to be selected by the Chief
Financial Officer upon the advice of the Financial Adviser (the "Underwriter"), pursuant to
the Bond Purchase Contract in substantially the form on file with the Secretary together
with any changes therein or additions thereto deemed advisable by the Executive Director,
whose execution thereof shall be conclusive evidence of the approval of any such changes
or additions. The Executive Director is hereby authorized and directed for and in the name
and on behalf of the Board to execute, and the Secretary is hereby authorized and directed to
attest and affix the seal of the Board to; the final form of the Bond Purchase Contract. The
purchase price to be paid for the Bonds by the Underwriter shall be at least ninety -seven
percent (97 %) of the par value_ thereof, and the net effective rate of interest borne by the
Bonds shall not exceed seven percent (7 %) per annum. The authorization granted in this
Section 3 to award the sale of the Bonds to the Underwriter shall expire on October 1, 1994,
-2-
provided that if the Bond Purchase Contract has been executed prior to such date, the
closing of the Bonds may take place after such date.
SECTION 4. Official Statement. The Board of Directors hereby approves the
preliminary Official Statement describing the Bonds in substantially the form submitted by
the Financial Adviser and on file with the Secretary. The Chief Financial Officer is hereby
authorized and directed to approve any changes in or additions to said preliminary Official
Statement and to execute an appropriate certificate stating the Chief Financial Officer's
determination that the preliminary Official Statement (together with any changes therein
or additions thereto) has been deemed nearly final within the meaning of Rule 15 c2 -12 of
the Securities Exchange Act of 1934. Distribution of the preliminary Official Statement by
the Underwriter to prospective purchasers of the Bonds is hereby approved. The Chief
Financial Officer is hereby authorized and directed to approve any changes in or additions
to a final form of said Official Statement, and the execution thereof by the Chief Financial
Officer shall be conclusive evidence of approval of any such changes and additions. The
Board of Directors hereby authorizes the distribution of the final Official Statement by the
Underwriter. The final Official Statement shall be executed in the name and on behalf of
the Board by the Chief Financial Officer.
SECTION 5. Engagement of Professional Services. Evensen Dodge, Inc. is hereby
retained as Financial Adviser to the Board, and the firm of Jones Hall Hill & White, A
Professional Law Corporation, is hereby retained as bond counsel to the Board, in
connection with the. issuance and sale of the Bonds. The Chief Financial Officer is hereby
authorized and directed on behalf of the Board to execute an agreement with each of said
firms, in the respective forms on file with the Chief Financial Officer.
SECTION 6. Official Actions. The Executive Director, the Chief Financial Officer, the
Secretary, the Board Attorney and all other officers of the Board are each authorized and
directed in the name and on behalf of the Board to make any and all site leases,
assignments, certificates, requisitions, agreements, notices, consents, instruments of
conveyance, warrants and other documents, which they or any of them might deem
necessary or appropriate in order to consummate any of the transactions contemplated by
the agreements and documents approved pursuant to this Resolution. Whenever in this
resolution any officer of the Board is .authorized to execute or countersign any document or
take any action, such execution, countersigning or action may be taken on behalf of such
officer by any person designated by such officer to act on his or her behalf in the case such
officer shall be absent or unavailable.
-3-
n
SECTION 7. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
AYES: Council Members Romero, Rappa, Roalman and Settle
NOES: None
ABSENT: Mayor Pinard
Mayor Peg Pinard
F)l ecr(tgaq Diane R. Gladwell
-4-
I hereby certify that the foregoing Resolution was passed and adopted by the Board of
Directors of the City of San Luis Obispo Capital Improvement Board at a regular meeting
thereof duly held on the 7th day of June, 1994, by a majority vote of all of its members..
iI .•�.
-5-
n
�J
On motion of Romero seconded by _ Rappa
and on the following roll call vote:
AYES: Council Members Romero, Rappa, Roalman and Settle
NOES: None
ABSENT: Mayor Pinard
the foregoing Resolution was passed and adopted this 7th day of June, 1994.
President Peg inard
ATTEST:
RESOLUTION NO. 8302 (1994 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO THIRTY -TWO AGENCIES IN THE AMOUNT
OF $84,700 FOR FISCAL YEAR 1994 -95 THROUGH THE
HUMAN RELATIONS COMMISSION
WHEREAS, the City of San Luis Obispo supports non - profit agencies which
provide human and social services to the residents of the City of San Luis Obispo
through its annual Grants -In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid
program has been included in the 1993 -95 ,Financial Plan for the City of San Luis
Obispo:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain agencies attached hereto and marked Exhibit "A"
shall be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency.
identified in Exhibit "A" and the CAO is authorized to execute such contracts.
Upon motion of Rappa , seconded by
and on the following roll call vote:
Roalman
AYES: Council Members Rappa, Roalman, Romero and Settle
NOES: None
ABSENT: Mayor Pinard
R -8302
c I�
Resolution No. 8302
Page 2
the foregoing resolution was passed and adopted this 7th day of June
1994.
ATTEST:
APPROVED AS TO FORM AND CONTENT:
WWW" �� Attorney
HRC•GIA•RES
C C
HUMAN RELATIONS COMMISSION EXHIBIT "A"
1994 -95
GRANTS -IN -AID FUNDING BY AGENCY
hrcyfa94p2
ADOPTED
REQUESTED
COMMITTEE
AGENCY
1993 -94
1994 -95
RECOMM
1994 -95
Ad Care Association
$ 2,000
2,000
2,000
Aids Support Network
1,000
6,500
1,200
ALPHA
1,000
2,500
1,000
American Red Cross
4,200
. 8,000
4,200
Big Brothers /Big Sisters
-0-
1,000
500
Caring Callers
450
750
450
Camp Fire Council
1,000
3,000
1,000
Casa Solana
5,000
10,000
5,000
Child Development Center
7,500
9,000
7,500
Easter Seals
1,500
3,500
1,500
EOC Family Planning
3,000
3,000
3;000
EOC Senior Health Screening
2,700
2,844
2,800
EOC Child Care Connection
1,000
4,000
1,000
Family Services Center
4,000
6,000
4,000
Food Bank Coalition
1,000
2,500
1,000
Grass Roots II
3,000
8,945
3,100
Hospice
4,200
.8,000
4,200
Hotline
3,100
5,000
3,200
Life Steps
1,000
4,000
1,000
Literacy Council
1,500
6,000
1,500
Long Term Care Ombudsman
1,200
1,750
1,200
Middle House
3,100
10,000
3,200
Mental Health Association
-0-
5,000
5,000
Rape Crisis
5,500
8,300
5,500
RSVP
600
800
500
Salvation Army
12,000
25,000
8,000
SLO Legal Alternative Coalition Corp.
-0-
1,020
500
Senior Nutrition Program of SLO Co.
10-
2,858
1,000
Senior Peer Counseling
1,650
1,650
1,650
Voices for Children
500
750
500
Women's Shelter
8,000
12,000
8,000
Poly Pals
500
750
500
Reserve
-0-
-0-
-0-
TOTAL
$84,700
$166,417
$84,700
hrcyfa94p2
�J�J �� rf� -•-�
RESOLUTION NO. 8301
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
EXECUTION OF AN AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY
WHEREAS, the City of San Luis Obispo (the "City ") has
expressed an interest in participating in the economic
development financing programs (the "Programs ") in conjunction
with the parties to that certain Amended and Restated Joint
Exercise of Powers Agreement Relating to the California Statewide
Communities Development Authority, dated as of June 1, 1988 (the
"Agreement "); and
WHEREAS, the Agreement was originally entered into to
facilitate Programs with respect to California counties and was
subsequently amended and restated, expanding the Agreement to
include participation by California cities; and
WHEREAS, there is now before this City Council the
form of the Agreement; and
WHEREAS, the City proposes to participate in the
Programs and desires that certain projects to be located within
the City be financed pursuant to the Programs and it is in the
public interest and for the public benefit that the City do so;
and
WHEREAS, the Agreement has been filed with the City,
and the members of the City Council, with the assistance of its
staff, have reviewed said document.
NOW, THEREFORE, it is hereby ORDERED AND DETERMINED as
follows:
SECTION 1. The Agreement is hereby approved and the
City Administrative Officer or his designee, is hereby authorized
and directed to execute said document, with such changes,
insertions and omissions as may be approved by such person, and
the City Clerk is hereby authorized and directed to affix the
City's seal to said document and to attest thereto.
SECTION 2. The City Administrative Officer- and all
other proper officers and officials of the City are hereby
authorized and directed to execute such other agreements,
documents and certificates, and to perform such other acts -and
deeds, as may be necessary or convenient to effect the purposes
of this Resolution and the transactions herein authorized.
uiaa612:i
c
:Z -8301
SECTION 3. The City Clerk shall certify the adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
SECTION 4. The City Clerk shall forward a certified
copy of this Resolution to the following:
Steven L. Maler, Esq.
Orrick, Herrington & Sutcliffe
777 South Figueroa Street, Suite 3200
Los Angeles, California 90017
The FOREGOING RESOLUTION was approved and adopted by
the City Council of the City of San Luis Obispo this
( 7 th) day of June 1994, by the following vote:
Moved by Romero and seconded by Rappa,
AYES: Council Members Romero, Rappa, Roalman and Settle
NOES: None
ABSTAIN: Mayor Pinard (absent)
Approved as to form:
rL�I
IAI- 74612.1
ATTEST:
Y CLE OF E CITY COUNCIL
THE CITY OF SAN LUIS OBISPO
Diane R. Gladwell
0 e 6
MAYOR Peg r ard
E
n
AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
THIS AGREEMENT, dated as of June 1, 1988, by and
among the parties executing this Agreement (all such parties,
except those which have withdrawn in accordance with Section
13 hereof, being herein referred to as the "Program
Participants "):
WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5
of the Government Code of the State of California (the "Joint
Exercise of Powers Act "), two or more public agencies may by
agreement jointly exercise any power common to the contracting
parties; and
WHEREAS, each of the Program Participants is a
"public agency" as that term is defined in Section 6500 of the
Government Code of the State of California, and
WHEREAS, each of the Program Participants is
empowered to promote economic development, including, without
limitation, the promotion of opportunities for the creation or
retention of employment, the stimulation of economic activity,
and the increase of the tax base, within its boundaries; and
WHEREAS, a public entity established pursuant to
the Joint Exercise of Powers Act is empowered to issue
industrial development bonds pursuant to the California
Industrial Development Financing Act (Title 10 (commencing
with Section 91500 of the Government Code of the State of
California)) (the "Act ") and to otherwise undertake financing
programs under the Joint Exercise of Powers Act or other
applicable provisions of law to promote economic development
through the issuance of bonds, notes, or other evidences of
indebtedness, or certificates of participation in leases or
other agreements (all such instruments being herein
collectively referred to as "Bonds "); and
WHEREAS, in order to promote economic development
within the State of California, the County Supervisors
Association of California ( "CSAC "), together with the
California Manufacturers Association, has established the
Bonds for Industry program (the "Program ").
WHEREAS, in furtherance of the Program, certain
California counties (collectively, the "Initial Participants ")
have entered into that certain Joint Exercise of Powers
Agreement dated as of November 18, 1987 (the "Initial
Agreement "), pursuant to which the California Counties
Industrial Development Authority has been established as a
separate entity under the Joint Exercise of Powers Act for the
purposes and with the powers specified in the Initial
Agreement; and
WHEREAS, the League of California Cities ( "LCC ")
has determined to join as a sponsor of the Program and to
actively participate in the administration of the Authority;
and
WHEREAS, the Initial. Participants have determined
to specifically authorize the Authority to issue Bonds
pursuant to Article ,2 of the Joint Exercise.of Powers Act
( "Article 2 ") and Article 4 of the Joint Exercise of Powers
Act ( "Article 4 "), as well as may be authorized by the Act or
other applicable law; and
WHEREAS, the Initial Participants desire to rename
the California Counties Industrial Development Authority to
better reflect the additional sponsorship of the Program; and
WHEREAS, each of the Initial Participants has
determined that it is in the public interest of the citizens
within its boundaries, and to the benefit of such Initial
Participant and the area and persons served by such Initial
Participant, to amend and restate in its entirety the Initial
Agreement in order to implement the provisions set forth
above; and
WHEREAS, it is the desire
Participants to use a public entity
the Joint Exercise of Powers Act to
their respective jurisdictions that
issued pursuant to the Act, Article
applicable provisions of law; and
of the Program
established pursuant to
undertake projects within
may be financed with Bonds
2, Article 4, or other
WHEREAS, the projects undertaken will result in
significant public benefits, including those public benefits
set forth in Section 91502.1 of the Act, an increased level of
economic activity, or an increased tax base, and will
therefore serve and be of benefit to the inhabitants of the
jurisdictions of the Program Participants;
NOW, THEREFORE, the Program Participants, fo.r and
in consideration of the mutual promises and agreements herein
contained, do agree to amend and restate the Initial Agreement
in its entirety to provide as follows:
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Section 1. Purpose.
This Agreement is made pursuant to the provisions of
the Joint Exercise of Powers Act, relating to the joint
exercise of powers common to public agencies, in this case
being the Program Participants. The Program Participants each
possess the powers referred to in the recitals hereof. The
purpose of this Agreement--is to establish an agency for, and
with the purpose of, issuing Bonds to finance projects within
the territorial limits of the Program Participants pursuant to
the Act, Article 2, Article 4, or other applicable provisions
of law; provided, however that nothing in this Agreement shall
be construed as a limitation on the rights of the Program
Participants to pursue economic development outside of this
Agreement, including the rights to issue Bonds through
industrial development authorities under the Act, or as
otherwise permitted by law.
Within the various jurisdictions of the Program
Participants such purpose will be accomplished and said powers
exercised in the manner hereinafter set forth.
Section 2. Te.
This Agreement shall become effective in accordance
with Section 18 as of the date hereof and shall continue in
full force and effect for a period of forty (40) years from
the date hereof, or until such time as it is terminated in
writing by all the Program Participants; provided, however,
that this Agreement shall -not terminate or be terminated until
the date on which all Bonds or other indebtedness issued or
caused to be issued by'the Authority shall have been retired,
or full provision shall have been made for their retirement,
including interest until their retirement date.
Section 3. Authority.
A. - CREATION AND POWERS OF AUTHORITY.
(1) Pursuant to the Joint Exercise of Powers Act, there
is hereby created a public entity to be known as the
"California Statewide Communities Development Authority" (the
"Authority "), and said Authority shall be a public entity
separate and apart from the Program Participants. Its debts,
liabilities and obligations do not constitute debts,
liabilities or obligations of any party to this Agreement.
B. COMMISSION.
t
The Authority shall be administered by a Commission
(the "Commission ") which shall consist of seven members, each
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serving in his or her individual capacity as a member of the
Commission. The Commission shall be the administering agency
of this Agreement, and, as such, shall be vested with the
powers set forth herein, and shall execute and administer this
Agreement in accordance with the purposes and functions
provided herein.
Four members of the Commission shall be appointed by
the governing body of CSAC and three members of the Commission
shall be appointed by the governing body of LCC. Initial
members of the Commission shall serve a term ending June 1,
1991. Successors to such members shall be selected in the
manner in which the respective initial member was selected and
shall serve a term of three years. Any appointment to fill an
unexpired term, however, shall be for such unexpired term.
The term of office specified above.shall be applicable unless
the term of office of the respective member is-terminated as
hereinafter provided, and provided that.the term of any member
shall not expire until a successor thereto.has. been appointed
as provided herein.
Each of CSAC and LCC may appoint an alternate member .
of the Commission for each member of the Commission which it
appoints. Such alternate member may act as a member of the
Commission in place of and during the absence or disability of
such regularly appointed member. All references in this
Agreement to any member of the Commission shall be deemed to
refer to and include the applicable alternate member when so
acting in place of a regularly appointed member.
Each member or alternate member of the Commission
may be removed and replaced at any time.by the governing body
by which such member was appointed. Any individual, including
any member of the governing body or staff of CSAC or LCC,
shall be eligible to serve as a: member- or alternate member of
the Commission.
Members and alternate members of,the Commission
shall not receive any compensation for serving as such but
shall be entitled to reimbursement for any expenses actually
incurred in connection with serving as a member or alternate
member, if the Commission shall determine that such expenses
shall be reimbursed,and there are unencumbered funds available
for such purpose.
C. OFFICERS; DUTIES; OFFICIAL BONDS.
The Commission shall elect a Chair, a vice - Chair,
and a Secretary of the Authority from among its memberz- to
serve for such term as shall be determined by the Commission.
The Commission shall appoint one or more of its officers or
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379h5
�C
employees to serve as treasurer, auditor,
the Authority (the "Treasurer ") pursuant
the Joint Exercise of Powers Act to serve
shall be determined by the Commission.
and controller of
to Section 6505.6 of
for. such term as
Subject to the applicable provisions of any
resolution, indenture or other instrument or proceeding
authorizing or securing Bonds (each such resolution,
indenture, instrument and proceeding being herein referred to
as an "Indenture ") providing for a trustee or other fiscal
agent, the Treasurer is designated as the depositary of the
Authority to have custody of all money of the Authority, from
whatever source derived.
The Treasurer of the Authority shall have the
powers, duties and responsibilities specified in
Section 6505.5 of the Joint Exercise of Powers Act.
The Treasurer..'of the...Authority is designated as the
public officer or person who has charge�of; handles, or has
access to any property of the,Authority, and such officer
shall.file an official bond with the Secretary of the
Authority in the amount specified by resolution of the
Commission but in no event less than $1,000. If and to the
extent permitted by law, any such officer may satisfy this
requirement by filing an official bond in at least said amount
obtained in connection with another public office.
The Commission shall have the power to appoint such
other officers and employees as it may deem necessary and to
retain independent counsel, consultants and accountants.
The Commission shall have.the power, by resolution,
to the extent permitted by the Joint Exercise of Powers Act or
any other_ applicable law, to. delegate any of its functions. to
one or more of the members of: the .Commission. or officers.or
agents of the Authority and to-cause.any.of said-.members,
officers or agents to take .- any..actions .and execute any
documents or instruments for and in the-name.and on behalf of
the Commission or the Authority.
D. MEETINGS OF THE COMMISSION.
The Commission shall
meetings; provided, however, it
regular meeting each year. The
holding of the regular meetings
of the Commission and a copy of
with each party hereto.
provide for its regular
shall hold at least one
date, hour and place of the
shall be fixed by resolution
such resolution shall 4ae filed
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379h5
(2) Special Meetinos.
Special meetings of the Commission may
accordance with the provisions of Section 54956
Government Code of the State of California.
(3) Ralph M Brown Act.
be called in
of the
All meetings of the Commission, including, without
limitation, regular, adjourned regular, special, and adjourned
special meetings shall be called, noticed, held and conducted
in accordance with the provisions of the Ralph M. Brown Act
(commencing with Section 54950 of the Government Code of the
State of California).
(4) Minutes.
The Secretary.of the-Authority shall cause to be
kept minutes of the regular, adjourned'.regular, special, and
adjourned special meetings of the-Commission and shall, as
soon as possible after each meeting, cause a copy of the
minutes to be forwarded to each member of the Commission.
(5) Quorum.
A majority of the members of the Commission which
includes at least one member appointed by the governing body
of each of CSAC and LCC shall constitute a quorum for the
transaction of business. No action may be taken by the
Commission except upon the affirmative vote of a majority of
the members of the Commission which includes at least one
member appointed by the governing body of each of CSAC and.
LCC, except that less than.a quorum may adjourn a meeting to
another time and place.
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time,.by
resolution of the Commission such rules and regulations for
the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have any and all powers relating
to economic development authorized by law to each of the
parties hereto and separately to the public entity herein
created, including, without limitation, the promotion of
opportunities for the creation and retention of employment,
the stimulation of economic activity, and the increase -of the
tax base, within the jurisdictions of such parties. Such
powers shall include the common powers specified in this
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379h5
C .10
Agreement and may be exercised in the manner and according to
the method provided in this Agreement. All such powers common
to the parties are specified as powers of the Authority. The
Authority is hereby authorized to do all acts necessary for
the exercise of such powers, including, but not limited to,
any or all of the following: to make and enter into
contracts; to employ agents and employees; to acquire,
construct, provide for maintenance and operation of, or
maintain and operate, any buildings, works or improvements; to
acquire, hold or dispose of property wherever located; to
incur debts, liabilities or obligations; to receive gifts,
contributions and donations of property, funds, services and
other forms of assistance from persons, firms; corporations
and any governmental entity; to sue and be sued in.its own
name; and generally to-do any-and all things necessary or
convenient to the promotion of economic development, including
without limitation the promotion.of - opportunities for the
creation or retention of employment, the stimulation of
economic activity, and the increase of the-tax base, all as
herein contemplated. Without limiting the generality of the
foregoing, the Authority may issue or cause to be issued
bonded and other indebtedness, and pledge any property or
revenues as security to the extent permitted under the Joint
Exercise of Powers Act, including Article 2 and Article 4, the
Act or any other applicable.provision of law.
The manner in which the Authority shall eaercise.its
powers and perform its duties is and shall be subject to the
restrictions upon the manner in which a California county
could exercise such powers.and perform such duties until a
California general law city shall become a Program
Participant, at which time it shall be subject to the
restrictions upon the manner in which a California general law
city could exercise such powers and perform.such duties. The
manner in which the Authority shall exercise its powers and
perform its duties shall not.be-:subject to any.restrictions
applicable to the manner.in which- any:..other• public agency
could exercise such powers or perform-such-..duties,-..whether
such agency is a party to this Agreement or not.
section S. Fiscal Year.
For the purposes of this Agreement, the term' ^Fiscal
Year" shall mean the fiscal year as established from time to
time by the Authority, being, at the date of this Agreement,
the period from July 1 to and including the following June 30,
except for the first Fiscal Year which shall be the period
from the date of this Agreement to June 30, 1988.
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379h5
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier
termination of this Agreement as set forth in Section 2
hereof, after payment of all expenses and liabilities of the
Authority, all property of the Authority both real and
personal shall automatically vest in the Program Participants
and shall thereafter remain the sole property of the Program
Participants; provided, however, that any surplus money on
hand shall be returned in proportion to the contributions made
by the Program Participants.
Section 7. Bonds.
The Authority shall issue Bonds for the purpose of
exercising its powers and raising-the funds necessary to carry
out its purposes under this Agreement. Said Bonds may, at the
discretion of Authority, be issued in series.
The services of bond.counsel, financing consultants
and other consultants and advisors working on the projects
and /or their financing shall be used by the Authority. The
fees and expenses of such counsel, consultants, advisors, and
the expenses of CSAC, LCC, and the Commission shall be paid
from the proceeds of the Bonds or any other unencumbered funds
of the Authority available for such purpose.
Section 8.
The Bonds, together with the interest and premium,.
.if any, thereon, shall not be deemed to constitute a debt of
any Program Participant, CSAC, or LCC or pledge of the faith
and credit of the Program.Participants, CSAC, LCC, or the
Authority. The Bonds shall -be only .special obligations of the
Authority, and the Authori.ty.shall under-no circumstances be
obligated to pay the Bonds.-or the:respective..project. costs
except from revenues and other..funds pledged.therefor.
Neither the Program Participants, CSAC, LCC, nor the Authority
shall be obligated to pay the principal of, premium, if any,
or interest on the Bonds, or other costs incidental thereto,
except from the revenues and funds pledged therefor, and
neither the faith and credit nor the taxing power of the
Program Participants nor the faith and credit of CSAC, LCC, or
the Authority shall be pledged to the payment of the principal
of, premium, if any, or interest on the Bonds nor shall the
Program Participants, CSAC, LCC, or the Authority in any
manner be obligated to make any appropriation for such payment.
No covenant or agreement contained in any Bond or
Indenture shall be deemed to be a covenant or agreement of any
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379h5
member of the Commission, or any officer, agent or employee of
the Authority in his individual capacity and neither the
Commission of the Authority nor any officer thereof executing
the Bonds shall be liable personally on any Bond or be subject
to any personal liability or accountability by reason of the
issuance of any Bonds.
Section 9. Local Approval.
A copy of the application for financing of a project
shall be filed by the Authority with the Program Participant
in whose jurisdiction. the project is to be located. The
.Authority shall not issue Bonds with-respect-to-any project
unless the governing body of the Program Participant in whose
jurisdiction the project is to be -located, or its duly
authorized designee, shall.approve, conditionally or
unconditionally, the project, .including the.issuance of Bonds
therefor. Action to approve or disapprove a project shall be
taken within 45 days of the filing with the Program
Participant. Certification of approval or disapproval shall
be made by the clerk of the governing body of the Program
Participant, or by such other officer as may be designated by
the applicable Program Participant,.to the Authority.
Section 10. Accounts and Reports.
All funds of the Authority shall be strictly
accounted for. The Authority shall establish and maintain
such funds and accounts as may be required by good accounting
practice and by any provision of any Indenture (to the extent
such duties are not assigned to a trustee of Bonds). The
books and records of the Authority shall be open to inspection
at all reasonable times by each Program Participant.
The Treasurer of the Authority shall cause an
independent audit to be made of-the books.of accounts-and
financial records of. the-Agency-by a. certified public
accountant or public accountant in compliance with the
provisions of Section 6505 of the Joint Exercise of Powers
Act. In each case the minimum requirements of the audit shall
be those prescribed by the State Controller for special
districts under Section 26909 of the Government Code of the
State of California and shall conform to generally accepted
auditing standards. when such an audit of accounts and
records is made by a certified public accountant or public
accountant, a report thereof shall be filed as public records
with each Program Participant and also with the county auditor
of each county in which a Program Participant is located..
Such report shall be filed within 12 months of the end. ,Df the
Fiscal Year or Years under examination.
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379h5
0
O
Any costs of the audit, including contracts with, or
employment of, certified public accountants or public
accountants in making an audit pursuant to this Section, shall
be borne by the Authority and shall be a charge against any
unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Commission may, by resolution
adopted by unanimous vote, replace the annual special audit
with an audit covering a two -year period.
The Treasurer of the Authority, within 120 days
after the close of each Fiscal Year, shall give a.complete
written report of all financial activities for such Fiscal
Year to each of the Program Participants to the extent such
activities are not. covered by the reports of the trustees for
the Bonds. The trustee appointed under each Indenture shall
establish suitable funds, furnish financial. reports and
provide suitable accounting procedures - to,carry out the
provisions of said Indenture. Said trustee : may. be- given..such
duties in said Indenture as may be desirable to carry out this
Agreement.
Section 11. Funds.
Subject to the .applicable provisions of each
Indenture, which may provide for a trustee to receive, have
custody of and disburse Authority funds, the Treasurer of the
Authority shall receive, have the custody of and disburse
Authority funds pursuant to the accounting procedures
developed under Section 10 hereof, and shall make the
disbursements required by this Agreement or otherwise
necessary to carry out any of the provisions.or purposes of
this Agreement.
Section 12. Notices.
Notices and other :communications.hereunder to the
Program Participants shall be sufficient if delivered to the
clerk of the governing body of each Program Participant.
Section 13. Withdrawal and Addition of Parties.
A Program Participant may withdraw from this
Agreement upon written notice to the Commission; provided,
however, that no such withdrawal shall result in the
dissolution of the Authority .so long as any Bonds remain
outstanding under an Indenture. Any such withdrawal shall be
effective only upon receipt of the notice of withdrawal by the
Commission which shall acknowledge receipt of such notice of
withdrawal in writing and shall file such notice as an
amendment to this Agreement effective upon such filing.
10
379h5
Qualifying public agencies may be added as parties
to this Agreement and become Program Participants upon: (i)
the filing by such public agency of an executed counterpart of
this Agreement, together with a certified copy of the
resolution of the governing body of such public agency
approving this Agreement and the execution and delivery
hereof; and (ii) adoption of a resolution of the Commission
approving the addition of such public agency as a Program
Participant. Upon satisfaction of such conditions, the
Commission shall file such executed counterpart of this
Agreement as an amendment hereto, effective upon such filing.
Section 19. Indemnification.
To the full extent permitted by law, the Commission
may authorize indemnification by the. Authority of any person .
who is or was a member or. alternate member of the Commission,
or an officer, employee or. other. agent. of the Authority, and
who was or is a party or is threatened to be made a party to .a
proceeding by reason of the fact that such person is or was
such a member or alternate member of the Commission, or an
officer, employee or other agent of the Authority, against.
expenses, judgments, fines, settlements and other amounts
actually and reasonably incurred in connection with such
proceeding, if such person acted in good faith and in a manner
such person reasonably believed to be in the best interests of.
the Authority and, in the case of a criminal proceeding, had
no reasonable cause to believe the conduct of such person was
unlawful and, in the case of an action by or in the right of
the Authority,.acted with such care, including reasonable
inquiry, as an ordinarily prudent person in a like position
would use under similar circumstances.
•, •r • •M- .o• ;.
Contributions or advances-of public funds and of the
use of personnel, equipment or property may be-made to the
Authority by the parties hereto for any of the purposes of .
this Agreement. Payment of public funds may be made to defray
the cost of any such contribution. Any such advance may be
made subject to repayment, and in such case shall be repaid,
in the manner agreed upon by the Authority and the party
making such advance at the time of such advance.
Section 16. Immunities.
All of the privileges and immunities from
liabilities, exemptions from laws, ordinances and rules, all
pension, relief, disability, workers' compensation, an& other
benefits which apply to the activity of officers, agents or
employees of Program Participants when performing their
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379h5
respective functions within the territorial limits of their
respective public agencies, shall apply to them to the same
degree and extent while engaged as members of the Commission
or otherwise as an officer, agent or other representative of
the Authority or while engaged in the performance of any of
their functions or duties extraterritorially under the
provisions of this Agreement.
Section 17. Amendments.
Except as provided in Section 13 above, this
Agreement shall not be amended, modified, or altered except by
a written instrument duly executed by each of the .Program
Participants.
Section 18. Effect;v ngss.
This Agreement shal -1 become. effective and.be in full
force and effect and a legal, valid and binding obligation of
each of the Program Participants at 9:00 a.m., California
time, on the date that the Commission shall have received from
each of the Initial Participants an executed counterpart of
this Agreement, together with.a certified copy of a resolution
of the governing body of each such Initial Participant
approving this Agreement and the execution and delivery hereof.
Section 19. Partial Invalidity.
If any one or more of the terms, provisions,
promises, covenants or conditions of this Agreement shall to
any extent be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent
jurisdiction, each and all.of the remaining terms, provisions,
promises, covenants and conditions of this Agreement shall not
be affected thereby, and shall -be valid and enforceable to the
fullest extent permitted-by law.
Section 20. Successors.
This Agreement shall be binding upon and shall inure
to the benefit of the successors of the parties hereto.
Except. to the extent. expressly provided herein, no party may
assign any right or obligation hereunder without the consent
of the other parties.
Section 21. Miscellaneous.
This Agreement may be executed in several
counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
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379h5
The section headings herein are for convenience only
and are not to be construed as modifying or governing the
language in the section referred to.
Wherever in this Agreement any consent or approval
is required, the same shall not be unreasonably withheld.
This Agreement is made in the State of California,
under the Constitution and laws of such state and is to be so
construed.
This Agreement-is .the . complete and exclusive
statement of the agreement among the parties hereto, which
supercedes and merges all .prior proposals, understandings, and
other agreements, including, without limitation, the.Initial
Agreement, whether oral, written,.or- implied in conduct,
between and among the parties.relating.to the subject matter
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed and attested by their proper
officers thereunto duly authorized, and their official seals
to be hereto affixed,.as of the day and year first above
written.
Program Participant:
[SEAL]
By
Name: Peg Pinard
Title: Mayor
ATTEST:
�. / E
B d � ( y A-
Nam : Diane R. GlaWdell
Ti •`1 City Clerk
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379h5
RESOLUTION NO. 8300
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ISSUANCE OF REFUNDING BONDS BY THE CITY OF
SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD FOR THE PURPOSE
OF REFINANCING 1986 LEASE REVENUE BONDS, AUTHORIZING THE
AMENDMENT AND RESTATEMENT OF 1986 LEASE AND APPROVING
RELATED DOCUMENTS AND OFFICIAL ACTIONS
WHEREAS, the City of San Luis Obispo (the "City'=) has previously financed the
acquisition and construction of various public improvements consisting generally of city
hall improvements, a police station and public parking facilities (collectively,; the "Projects ")
with the assistance of the City of San Luis Obispo Capital Improvement Board (the 'Board ")
pursuant to a Lease Agreement dated as of June 15, 1986 (the "1986 Lease Agreement ")
under which the Board has leased the Projects to the City; and
WHEREAS, funds for the acquisition and construction of the Projects have been
provided by the Board through the issuance of its $13,970,000 aggregate principal amount of
Lease Revenue Bonds (Capital Improvement Projects), Series 1986 (the "1986 Bonds "); and
WHEREAS, in order to take advantage of current prevailing interest rates and
thereby realize substantial savings, the City has requested the Board at this time to
undertake and complete proceedings for the refinancing of the 1986 Lease Agreement and
the 1986 Bonds, and to that end the City and the Board have proposed to amend and restate
the 1986 Lease Agreement and the Board has proposed to issue its 1994 Refunding Lease
Revenue Bonds in the principal amount of not to exceed $12,750,000 (the 'Bonds ") which
are secured by rental payments made by the City under the amended and restated 1986 Lease
Agreement; and
WHEREAS, the firm of Evensen Dodge, Inc., as financial adviser to the City and the
Authority (the "Financial Adviser "), has recommended that the Authority sell the Bonds
on a negotiated basis; and
WHEREAS, the City Council wishes at this time to approve such financing
transactions and all documents relating thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
. SECTION 1. Approval of Bonds. The City Council hereby approves the issuance of
the Bonds by the Board in the aggregate principal amount of not to exceed $12,750,000, for
the purpose of providing funds to advance refund the 1986 Bonds, and thereby advance
refund the obligations of the City under the 1986 Lease.
R -8300
SECTION 2. Approval of Related .Financing Agreements. The City Council hereby
approves each of the following agreements required to implement the financing plan to be
accomplished by the Bonds, in substantially the respective forms on file with the City Clerk
together with any changes therein or additions thereto deemed advisable by the City
Administrative Officer, whose execution thereof shall be conclusive evidence of the
approval of any such changes or additions. The City Administrative Officer is hereby
authorized and directed for and in the name and on behalf of the City to execute, and the
City Clerk is hereby authorized and.directed to attest and affix the seal of the City to, the
final form of each such agreement:
(a) First Amended and Restated Lease Agreement by and between the
Board as lessor and the City as lessee, relating to the amendment and
restatement of the 1986 Lease Agreement; and
(b) Escrow Deposit and Trust Agreement by and among the Board, the
City and Bank of America National Trust and Savings Association, as trustee
for the 1986 Bonds, relating to the establishment of:an irrevocable escrow for
the advance refunding of the 1986 .Bonds and the 1986 Lease Agreement.
SECTION 3. Sale of Bonds. The City Council hereby approves the negotiated sale of
the Bonds by the Board to an underwriting or investment banking. firm to be selected by the
Executive Director of the Board upon the advice', o'f 'tlie Financial Adviser (the
"Underwriter "rll — Th' Bonds shall be sold in accordance with the resolution of the
governing body of the Board relating thereto.
SECTION 4. Official Statement. The City Council hereby approves, and hereby
authorizes the Director of Finance to deem nearly final witlun the meaning of Rule 15c2 -12
of the Securities Exchange. Act of 1934, the preliminary Official Statement describing the
Bonds in substantially the form submitted by the Financial Adviser and on file with the
City Clerk. Distribution of the preliminary Official Statement by the Underwriter to
prospective purchasers of the Bonds is hereby approved. The City Council hereby
authorizes the distribution of the final - Official Statement by the Underwriter. .
SECTION 5. Official Actions. The City. Administrative Officer, the Director of
Finance, the City Clerk and all other officers of the City are each authorized and directed in
the name and on behalf of the City to make any and all site leases, assignments, certificates,
requisitions, agreements, notices, consents, instruments of conveyance, warrants and other
documents, which they or any of them might deem necessary or appropriate in order to
consummate any of the transactions contemplated by the agreements and documents
approved pursuant to this Resolution. Whenever in this resolution any officer of the City
is authorized to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any person designated by
such officer to act on his or her behalf in the case such officer shall be absent or unavailable.
SECTION 6. Effective. Date. This resolution shall take effect from and after the date
of approval and adoption thereof:
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On motion of — Romero seconded by _ Rappa
and on the following roll call vote:
AYES: Council Members Romero, Rappa, Roalman and Settle
NOES: None
ABSENT: Mayor Pinard
the foregoing Resolution was passed and adopted this 7th day of June, 1994.
Mayor Pif Pinard
ATTEST:
�-Nu� 12 0i'mAtu, ---
it Clerk iane A. Gladvell
• �� • •
1,
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