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RESOLUTION NO. 8939 (1999) Series
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
PARTICIPATION OF THE POLICE DEPARTMENT
IN THE SAN LUIS OBISPO COUNTY NARCOTIC TASK FORCE
WHEREAS, the City of San Luis Obispo recognizes that the trafficking and use of illicit drugs poses .
significant law enforcement and social problems within the County of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo recognizes that an effective illicit drug enforcement program
can be accomplished only through the cooperative regional efforts of all the law enforcement jurisdictions within
the County of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo desires that the San Luis Obispo Police Department should
participate in the San Luis Obispo County Narcotic Task Force.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of San Luis Obispo as follows:
1. That the City of San Luis Obispo adopt the Inter- Agency Agreement for the San Luis Obispo
County Narcotic Task Force ( "agreement ") attached hereto as Exhibit A and incorporated herein by reference;
2. That the Chief of Police be designated as the City's representative to the Board of Governors of
the San Luis Obispo County Narcotic Task Force, and that he be authorized to execute agreements on behalf of he
City, consistent with the Agreement and the City Budget;
3. That the Police Department provide staffing and support to the San Luis Obispo County Narcotic
Task Force as delineated in the Inter- Agency Agreement for the San Luis Obispo County Narcotic Task Force; and
4. That this resolution shall remain in effect until June 30, 2002, the date of expiration for the Inter -
Agency Agreement for the San Luis Obispo County Narcotic Task Force, unless sooner terminated by action of
the City Council.
On motion of Council Member Schwartz, seconded by Vice Mayor Romero, and on the following roll call
vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15th day of June, 1999.
Mayor Allen`<gettle
APPROVED AS TO FORM:
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SAN LUIS OBISPO COUNTY
NARCOTIC TASK FORCE
MEMORANDUM
UNDERSTANDING
R 8939
Exhibit "A"
SAN LUIS OBISPO COUNTY
NARCOTIC TASK FORCE
Memorandum of Understanding
Table of Contents
Memorandum of Understanding:......:...:.......: .......................................... ............................... I
I. Purpose ............................................................ ..............................w ............................1
II. Mission ............................................................:...............:......:...... .................--- ..........1
III. Board of Governors ..................................................................... ..............................1
Management ....................................::...........................................
A. Participating Agency ....................................................:.:....::.: ..............................2
..............................2
B. Structure ............................................................:.......:.:.:.:...... ..............................2
C. Role ...... .. ..... ....».. .......................... ... ..................... :.m.: .................. ...................... ...2
D. Board Chairman ... . .......................... . .... . ............................... ...... ..............:................ 2
E. Policy Authority .........................................:.:........................... ..............................2
F. Votes of Board ..................................:..:..:.:.:...:......................... ..............................2
IV.
Management ....................................::...........................................
..............................2
V.
Task Force Commander ..................::.:.:.;...................................
..............................2
VI.
Compensation ..................:.:.:........................................................ :. :..............3
.............
VII.
Budget ...........:.:.:...:.:.:...................................................................
........:.:...................3
VIII.
Training ...................................................................................... ............................... 3
IX.
Annual Report ..................:.:.........................................................
..............................3
X.
Resources.., . . ..... o .... . ........ .................. 0 .... . .. . .. . .................. . .. . ...... . .......... ......... 3
XI.
Facilities, Equipment and Property ...........................................
..............................3
XII.
Asset Forfeiture
............................................................................ ..............................4
XIII. Administration and Audit ........................................................... ..............................5
XIV. Inspection Process .......................................................................: ..............................5
XV. Non - Discrimination Clause ..............................................w..:.:.:.. ..............................5
XVI. Respective Responsibilities .......................................................... ..............................5
XVII. Policy and Procedure Manual ..................................................... ..............................5
XVIII. Term of Agreement .. .............................................................................................. .. 6
XIX. Authorization ................................................................................ ............. :.:..........:...6
XX. Signatures ............................... .. .... .. ................................. .:.:....................................... 7
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) to establish the San Luis Obispo County Narcotic
Task Force is entered into by the California Bureau of Narcotic Enforcement (hereinafter BNE)
and the following participating agencies:
County of San Luis Obispo
City of Arroyo Grande
City of Atascadero
City of Grover Beach
City of Paso Robles
City of Pismo Beach
City of San Luis Obispo
California Polytechnic State University, San Luis Obispo
California Highway Patrol
I. PURPOSE
The purpose of this memorandum is to set forth the responsibilities of the participating agencies
as they relate to the San Luis Obispo County Narcotic Task Force. Working in conjunction, the
participating agencies will endeavor to effectively enforce the controlled substance laws of the
State of California as expressed in the Health and Safety Code, and applicable federal laws
relating to the trafficking of controlled substances. Agencies participating in the San Luis
Obispo County Narcotic Task Force will be targeting their investigations toward the
apprehension of major violators. Use of this task force concept is intended to ensure well -
coordinated narcotic enforcement regionally and increase the flow of narcotic - related intelligence
information between the various law enforcement agencies participating in the BNE Task Force
program.
II. MISSION
The mission of the San Luis Obispo County Narcotic Task Force will be to significantly
diminish the availability and use of illegal drugs in the County of San Luis Obispo and within the
boundaries designated by each participating agency or city, and apprehend the responsible
offenders, thereby increasing public safety.
III. BOARD OF GOVERNORS
The San Luis Obispo County Narcotic Task.Force will be governed by a "Board of Governors ".
Participating Agency = A "Participating Agency"
enforcement agency that has made a commitment
agreed upon time period.
C%
is an allied state, federal or local law
of resources and our manpower for an
Structure - The Board of Governors will consist of the Senior Special Agent in Charge
(SSAC) or Special Agent in Charge (SAC) of the Los Angeles (LA) BNE regional office
or their designee and the department heads of each participating agency or their designee..
Role - The Board of Governors shall meet on a quarterly basis for the purpose of
reviewing the activities of the San Luis Obispo County Narcotic Task Force. Also, the
members shall have general responsibility for the oversight of the San Luis Obispo
County Narcotic Task Force operations.
Board Chairman - One member of the Board of Governors shall be elected as Chairman
and serve for a one year term. The BNE Special Agent in Charge shall not serve as
Chairman.
Policy Authority - The Board of Governors shall be responsible for the San Luis Obispo
County Narcotic Task Force policies and operating procedures. The Board shall
periodically review and evaluate the San Luis Obispo County Narcotic Task Force
operations, goals, objectives, policies and procedures.
Votes of Board - Any action taken by the Board of Governors shall be taken a majority
in attendance provided a quorum exists.
IV. MANAGEMENT
The management and supervision of the Task Force's resources will be the responsibility of the
Task Force Commander. The Task Force Commander shall retain supervisory control of the
personnel assigned to the San Luis Obispo County Narcotic Task Force, When the number of
law enforcement personnel from participating agencies drops below four, BNE may terminate the
MOU. When the number of law enforcement personnel from participating agencies is over nine,
BNE may add a second Special Agent. Supervisor (SAS).
V. TASK FORCE COMMANDER
A SAS from BNE shall be responsible for managing the San Luis Obispo County Narcotic Task
Force and will report to the Board of Governors through the Chairperson of the Board, The Task
Force Commander will provide the Board of Governors with monthly and annual reports of the
San Luis Obispo County Narcotic Task Force activities. Any personnel assigned to the San Luis
Obispo County Narcotic Task Force shall adhere to the published policies and procedures of the
San Luis Obispo County Narcotic Task Force.
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VI. COMPENSATION
Each participating agency is responsible for providing its respective personnel with salaries,
benefits and overtime in accordance with FLSA regulations.
VII. BUDGET
The Task Force Commander will piepare a proposed budget each year (date to be determined by
the Board of Governors) for the ensuing fiscal/calendar year for approval by the Board of
Governors. A monthly report of expenditures shall accompany the monthly statistics report
submitted to the Board of Governors as outlined in the Policy & Procedure Manual.
VIII. TRAINING
Training is handled by participating agencies according to their individual budgets. A yearly
training plan for all task force personnel, sworn and non - sworn, shall be prepared upon their
assignment to the task force. In addition, a yearly group training plan shall be prepared and
submitted with the task force yearly budget proposal.
IX. ANNUAL REPORT
The Task Force Commander will provide the Board of Governors and BNE Headquarters with an
annual report of activity no later than March 15 of each year. This report will summarize the
proceeding calendar year's operation and shall include a.section for statistical data broken down
in a similar fashion to that of the monthly reports. The report shall contain sufficient information
regarding controlled substance abuse and trafficking trends to enable the Board to reassess task
force goals and objectives.
X. RESOURCES
The participating agencies understand that the changing criminal activity and fiscal resources
will require flexibility in both the tasks and the structure of the Task Force. Therefore,
participation in and.responsibility for personnel resources and equipment will be determined on
an annual basis through the adoption of the Task Force budget by the Board of Governors and in
conjunction with the budget processes of the participating agencies.
XI. FACILITIES, EQUIPMENT & PROPERTY
When the number of law enforcement personnel from participating agencies drops permanently
below four, BNE May terminate the MOU. In such cases, any balance of the facilities' lease
agreement (or any contractual agreement) will be shared on a pro -rata basis by the participating
agencies in this MOU, or paid with any asset forfeiture funds.
Any and all property, including equipment, furniture, furnishings of whatever kind or
description, purchased or acquired with DOJ funds shall be the property of DOJ and at the
termination of this agreement and whereupon no new agreement is reached, all said property
shall be returned to DOJ.
Any equipment purchased with task force or seized funds which is damaged, broken,
misplaced, lost or stolen, through gross negligence, wrongful act, or omission of an
officer or agent assigned the San Luis Obispo County Narcotic Task Force, shall be
repaired or replaced by the agency of the responsible employee at the determination of
the Task Force Commander.
With respect to facilities, all of the following items will be paid for by BNE:
1. Lease of office space.
2. Monthly, local, ATSS, and long distance charges for existing telephone lines
4. Utilities included in lease.
Alarm equipment including maintenance and monitoring.
6. CLETS machine on single or county line.
7. Janitorial services (unless included in full- service lease).
8. Landscape services (unless included in full- service lease).
9. Purchase and installation of at least one personal computer, printer and modem
which is compatible with DOTS MAPPER/GroupWise system.
XII. ASSET FORFEITURE
It shall be the responsibility of the Task Force to investigate those asset forfeiture seizures
initiated within the County of San Luis Obispo under Section 11470 of the California Uniform
Controlled Substances Act and 21 United States Code 881. Such seizures will then be deposited
in accounts maintained in a Task Force interest bearing account. Expenditures of proceeds
derived from such seizures after disposition shall be authorized by majority vote of the Board of
Governors in compliance with 1.1489 of the California Uniform Controlled Substances Act
and/or federal guidelines.
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XIII. ADMINISTRATION AND AUDIT
In no event shall the member agencies charge any indirect costs to'DOJ for administration or
implementation of this agreement during the term thereof. Any and all records pertaining to the
San Luis Obispo County Narcotic Task Force expenditures shall be readily available for
examination and audit by BNE or any other participating agency. In addition, all such records
and reports shall be maintained until audits and examinations are completed and resolved, or for
a period of (3) three years after termination of the agreement, whichever is sooner.
)UV. INSPECTION PROCESS
It is the policy of BNE to maintain a formal administrative inspection program. This program
requires inspections of each BNE supervised regional task force.once every eighteen (18) months
or as necessary, with follow -up inspections within six (6) months. Copies of the inspection
report will be delivered to the regional office SAC and the Task Force Commander.
At change of command, an audit of the controlled substance evidence, undercover funds,
weapons and specialized equipment shall be performed.
XV. NONDISCRIMINATION CLAUSE
All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all
requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part
42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of
race, color; creed, sex, age or national origin and equal employment opportunities.
XVI. RESPECTIVE RESPONSIBILITIES
For the purpose of indemnification, each participating agency of the San Luis Obispo County
Narcotic Task Force shall be responsible for the acts of its participating officer(s) and shall incur
any liabilities arising out of the services and activities of those officers while participating in the
San Luis Obispo County Narcotic Task Force. Personnel assigned to the San Luis Obispo
County Narcotic Task Force shall be deemed to be continuing under the employment of their
jurisdictions and shall have the same powers, duties, privileges, responsibilities and immunities
as are conferred upon them as peace officers in their own jurisdictions.
XVII. POLICY AND PROCEDURE MANUAL
It is agreed that all members of the task force shall abide by the applicable policies and
procedures as expressed in the the San Luis Obispo County Narcotic Task Force manual, which
is specific in content to the needs, objectives and goals of the San Luis Obispo County Narcotic
Task Force.
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XVIII. TERM OF AGREEMENT
The term of this agreement shall be from July 1, 1999 through June 30, 2002. Any participating
agency shall be able to withdraw from this agreement by notice in writing to the Board of
Governors Chairperson and such withdrawal shall be effective 90 days after such notification.
An extension of this MOU will be granted pursuant to the signed agreement of the Board of
Governors. The San Luis Obispo County Narcotic Task Force will only be responsible for
financial obligations incurred by task force participating agencies during the term of this
agreement.
XIX. AUTHORIZATION
The participating agencies, by their duly authorized officials, have executed this MOU on the
respective dates indicated below. This MOU will become effective upon receipt by the BNE
headquarters of the original MOU with all its attachments. All future amendments must be
forwarded to headquarters and will become effective upon receipt.
XX. SIGNATURES
County of San Luis Obispo Representative Date
City of Arroyo Grande Representative
Date
City of Atascadero Representative Date
City of Grover Beach Representative
City of Paso Robles Representative
City of Pismo Beach Representative
City of San Luis Obispo Representative
California Polytechnic State University;
San Luis Obispo Representative
Date
Date
Date
Date
Date
California Highway Patrol Representative Date
State of California
Bureau of Narcotic Enforcement Representative
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Date
RESOLUTION NO. 8938 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS'
ASSOCIATION FOR THE PERIOD OF JULY 1, 1998 - JUNE 309 2000
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as
follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the
San Luis Obispo City Police Officers' Association (POA), 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 it to: Gary Nemeth, San Luis Obispo Police Officers'
Association, and Ann Slate. Director of Human Resources.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Romero, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 1 St day of June, 1999.
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
R 8938
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
POLICE. OFFICERS' ASSOCIATION
JULY 1, 1998= JUNE 30, 2000
domacm san L ujs oBIspo
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TABLE OF CONTENTS
Article No.
Title
Page No..
1
Preamble
1
2
Recognition
2
3
Check Off /Dues Deduction
3
4
Employee Rights
4
5
Management Rights..
5
6
Representative Role .
6
7
Salary.
7
8
Master Police Officer Program
12
9
Communications Training Officer Program.
15
10
Bilingual Pay.
16
11
Overtime - Sworn
17
12
Overtime - Non - Sworn
20
13
Work Out -Of- Grade .
21
14
Standby.
22
15
Education Incentive.
24
16
Uniform Allowance
26
17
Health Care Insurance
27
18
Retirement
31
19
Seniority .
33
20
Holidays
34
21
Vacation
35
22
Sick Leave
37
23
Family Leave .
38
24
Bereavement Leave .
40
25
Catastrophic Leave .
41
26
Workers' Compensation Leave
43
27
Jury Duty and Military Leaves
44
28
General Provisions
45
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Article No.
Title
Page-No.
29
Residency Requirements
46
30
Definitions
47
31
Grievance Procedure
48
32
Layoffs . 8
51
33
Work Actions .
53
34
Communication Process
55
35
Notice To The Association
56
36
Equipment .
57
37
Light Duty .
58
38
Work Schedules
59
39
Swat
61
40
Traumatic Incidents .
62
41
No Discrimination
63
42
Reopeners
64
43
Full Agreement .
65
44
Savings Clause .
66
45
Renegotiations .
67
46
Term of Agreement .
68
Appendix "A" - Classification
69
Appendix "B" - Grievance Forms .
70
Appendix "C" - Patrol 3/12 Work Plan .
73
Appendix "D" - Communications Work Plan
81
Appendix "E" - Flexible Benefits Plan .
87
Appendix "F" - Shift Adjustment .
90
Appendix "G" - Rules Governing Salary Increases
92
ARTICLE 1
PREAMBLE
1.1 This Agreement is made and entered into this 1st day of June, 1999, by and
between the City of San Luis Obispo, hereinafter referred to as City, and the
San Luis Obispo Police Officers' Association.
1.2 The purpose of this Agreement is to promote the improvement of personnel
management and employer /employee relations, provide an equitable and
peaceful procedure for the resolution of differences and establish rates of pay
and other terms and conditions of employment.
1.3 The City and the Police Officers' Association agree that all employees of the
City share in the important responsibility of providing superior service to the
public and that every job and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be
substituted for any provision in City Resolution No. 6620 (1989 Series)
unless so stipulated to by provision(s) contained herein and agreed to.
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ARTICLE 2
RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the
Police Unit with respect to their compensation, hours and other terms and
conditions of employment for the duration of the Agreement.
2
ARTICLE 3
CHECK OFF /DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association treasurer which dues shall not include assessments.
3.2 Dues deduction; additions, and /or deletions shall be recorded by the City's
Finance Officer and a notification of all dues transactions shall be sent
monthly to the Association President.
3.3 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
Employees of the City shall have the right to form, join and participate in the
.activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer - employee relations including, but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City also shall have the right to refuse to join or-participate in the
activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to
determine the mission of its constituent departments, commissions and boards; set
standards of. service; determine the procedures and standards of selection for
-,..--employment and-promotion; direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other legitimate reasons;
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maintain the efficiency. of government operations; determine the methods, means
and personnel by which government operations. are to be conducted; determine the
content of the job classifications; take all necessary actions to carry out its mission
in emergencies; and exercise complete.control and discretion over its organization
and the technology for performing its work.
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ARTICLE 6
REPRESENTATIVE ROLE
Members of the Assqciation may, by a reasonable method, select not more than
three employee members 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 the Association) on subjects within the
scope of representation during regular duty-or work hours without loss.of
-compensation or other benefits. -. The Association .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:
(A) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the Police Chief or
other authorized City management official. If employee
representatives cannot. be released, date of meeting will be
rescheduled in accordance with item (B) below.
(B) 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..
N.
ARTICLE-7
SALARY
7.1 Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are
included in the current Salary Resolution (4272 [1980 Series], incorporated
herein as A "ppendix G) with the following .modifications:
A. Advancement to the second and third steps in the salary range shall be
at twelve month intervals:
B. The Police Chief shall be authorized to reevaluate employees who
reach top step in their pay range. An employee who is not performing
up to standard for the top step shalli be ,notified in writing that the
Police Chief 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 top step
may be reinstated at any time upon recommendation of the Police
Chief. If the Police Chief deems it necessary to "again remove the top
step during the same fiscal year, he may-make the change at any time
with three business days' advanced written notice.
Effective June 1, 1999, all newly hired /promoted employees shall be placed
in salary ranges containing a new lower step which shall be 95% of the
existing Step. A.
7
The salary range for Police Officer consists of nine steps (A through 1).
Steps A through H equal 95% of the next highest step, computed to the
nearest $1.00.
The salary range for Communications Technician, Evidence Technician and
Field Services Technician consists of six steps (A through F).
Each across- the -board % salary increase shall raise each step of the range by
the %. Step E of each successive salary range will be 2.6% above step E of
the next lower range. After all steps of each salary range have been
established, each shall be rounded off to the nearest $1.00. Employees who
are eligible for advancement to top .step must receive a "Meets Performance
Standards" or better on the overall rating on theirmost recent Performance
Appraisal prior to or coincident with their being eligible for advancement by
time in grade.
Employees who are eligible for advancement -to step E or F 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.
7.2 Salary Increases for Term of Agreement
Salary increases will be paid on the first. day of the first full pay period
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following the dates listed below:
July 1, 1998 2.0%
January 1, 1999 2.5%
July 1, 1999 2.0%
January 1, 2000 2.0%
In addition, the Communication Technicians and the Field Service Technicians
will receive a 2.5% salary increase effective the first day of the first full pay
period following July 1, 1999. Job descriptions shall be modified to include
the requirement of emergency medical dispatch certification.
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7.3 Salary Range Listing - July 1998 Through June 2000Listing - July 1998 Through June 2000
July 1998
2% Increase
Step A
Step B
Step C
Step 0
Step E
Step F
Step G
Step H
Step
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
512
Field Service
2,516
2,649
2,788
2,935
3,090
3,252
Technician
1,161
1,223
1,287
1,355
1,426
1,501
512
Communications
2,516
2,649
2,788
.2,935
3,090
3,252
Technician 1
1,161
1,223
1,287
1,355
1,426
1,501
524
Evidence
3,435
3,615
3,806
4,006
4,217
4,439
Technician
1,585
1,669
1,756
1,849
1,946
2,049
., 700
Police Officer
2,981
3,138
3,303
3,477
3,660
31853
4,056
4,269
4,494
1,376
1,448
1,525
1,605
1,689
1,778
1,872
1,970
2,074
January 1999
2.5% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Step 7
Step 8
Step 9
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
708
Field Service
2,581
2,717
2,860
3,011
3,169
3,336
Technician
1,191
1,254
1,320
1,390
1,463
1,540
708
Communications
2,581
2,717
2,860
3,011
3,169
3,336
Technician
1,191
- 1,254
1,320
1,390
1,463
1,540
720
Evidence
3,521
3,706
3,902
4,107
4,323
4,551
Technician
1,625
1,711
1,801
1,895
1,995
2,100
750
Police Officer
3,056
3,217
3,386
3,564
3,752
3,949
4,157
4,376
4,606
1,410
1,485
1,563
1,645
1,732
1,823
1,919
2,020
2,126
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July 1999
2% Increase for Range 720 and 750 - 2% + 2.5% for Range 708
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Step 7
Step 8
Step 9
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Eli-Weekly
IN-Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
708
Field Service
2,697
2,839
2,988
3,146
3,311
3,485
Technician
1,245
1,310
1,379
1,452
1,528
1,609
708
Communications
2,697
2,839
2,988
3,146
3,311
3,485
Technician 1
1,245
1,310
1,379
1,452
1,528
1,609
720
Evidence
3,592
3,781
3,980
4,189
.4,410
4,642
Technician
1,658
1,745
1,837
1,934
2,035
2,142
750
Police Officer
3,118
3,282
3,455
3,636
3,828
4,029
4,241
4,465
4,700
14
1,439
1,515
1,594
1,678
1,767
1,860
1,958
2,061
2,169
January 2000
2% Increase and EPMC 7% Increase for Range 708 & 720, 9%
Increase for Range 750
Step 1
Step 2
Step3
Step4
Step 5.
Step 6
Step 7
Step 8
Step 9
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Eli-Weekly
Bi- Weekly
Bi- Weekly
Eli-Weekly
Bi- weekly
Bi- Weekly
Bi- Weekly
Eli-Weekly
Bi- Weekly
708
Field Service
2,945
3,100
3,263
3,434
3,615
3,805
Technician
1,359
1,431
1,506
1,585
1,669
1,756
708
Communications
2,945
3,100
3,263
3,434
3,615
3,805
Technician 1
1,359
1,431
1,506
1,585
1,669
1,756
720
Evidence
3,920
4,127
4,344
4,572
4,813
5,066
Technician
1,809
1,905
2,005
2,110
2,221
2,338
750
Police Officer
3,466
3,648
3,840
4,042
4,255
4,479
4,715
4,963
5,224
1,600
1,684
1,772
1,866
1,964
2,067
2,176
2,290
2,411
11
9
_1
ARTICLE 8
MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
Field Training Officer 2 years
S.O.R.T. 2 years
Traffic Officer 4 years
Investigator 4 years
Crime Scene Investigator 4 years
Range Master" 4 years
" Applicable for MPO III only
8.2 To be eligible for compensation under this program, an employee must
receive and maintain at least a "Meets Performance Standards" rating on
their .evaluation.
8.3 Compensation under this program shall in no case exceed three steps on
the salary range.
8.4 Master_ Police Officer I
Two full years at Step E of the salary range.
Must have obtained an Intermediate POST certificate.
Must have successfully completed two years in a specialty assignment.
Compensation: Police Officer Step F
12
It
8.5 Master Police Officer II
Two full years at the Master Police Officer I level.
Must have obtained an Advanced POST certificate.
Must have successfully completed two years in a second separate
assignment.
Compensation: Police Officer Step G.
8.6 Master Police Officer III
Two full years at the Master Police Officer II level
Twelve years in law enforcement.
Must have successfully completed two years in a third specialty
assignment.
(Reassignment, with a break in service, to the same assignment will be
credited as a third assignment.)
One of the specialty assignments must have. been (or be) for four full years.
To be credited for. purposes of compensation, an officer shall be required to
complete the terms of-any specialty assignment unless early departure for
good cause is /was authorized by the Chief of Police. Departure for any
other reason will forfeit MPO compensation at the time of departure.
Compensation: Police Officer Step H.
Officers at the MPO III level will be permitted to wear a two stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as
13
determined by Department uniform policy.
Any employee who has previously held a specialty assignment in SORT, but
'-did not complete the stated time requirements as stated above, (except for
disciplinary removal) will be .credited with two years service in that
specialty assignment.
14
ARTICLE 9
COMMUNICATIONS TRAINING OFFICER PROGRAM
9.1 This program provides for the specialty assignment of a maximum of two
Communications Training Officers ( CTO's) who serve at the pleasure of the
Police Chief.
9.2 Compensation for such assignment shall be 2.5% increase in base pay for
one year for the two CIO's. Continuation of this provision past. December,
30, 1997, shall be at the discretion of the Police Chief.
9.3 Scheduling of CTO's will be done by the Police .Communications Supervisor.
Both parties agree there is no requirement to have one training officer on
Ik each shift whenever it is necessary to train new people.
15
1
1
RESOLUTION NO. 8937 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING STAFF TO SUBMIT A GRANT APPLICATION
TO THE CALIFORNIA GREENWAYS CREATIVE GRANTS PROGRAM
WHEREAS, the City of San Luis Obispo owns Open Space on Cerro San Luis; and
WHEREAS, the parking lot and trails accessing this area are in need of improvement; and
WHEREAS, the California Greenways Creative Grants Program is making funding
available for community projects;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that staff is authorized to submit a grant application to the California Greenways Creative
Grants Program.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Romero, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor
Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 1 st day of June, 1999
i
45:� - -.
Mayor Allen Settle
APPROVED AS TO FORM:
R 8937
1
1
RESOLUTION NO. 8936 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING THE FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE
AND RESCINDING RESOLUTION NO. 8810 (1998 Series)
WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on
an ongoing basis; and
WHEREAS, those fees are adjusted as required to ensure they remain equitable and
adequate to cover the cost of providing services: and
WHEREAS, a comprehensive analysis of the Golf Course Fund was performed for
fiscal year 1999 -00.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. Resolution No. 8810 (1998 Series) is hereby rescinded, effective July 1,
1999.
SECTION 2. The following green fees shall be as follows, effective July 1, 1999:
Senior /Youth Weekdays
$ 5.50
General Weekdays
$ 7.50
Senior /Youth Weekends
$ 6.25
General Weekends
$ 8.25
Senior /Youth 10 -Play Card
$50.00
General 10 -Play Card
$60.00
SECTION 3. The fees for the driving range, wholesale goods, lessons, and other
special activities shall be set by the Parks and Recreation Director and the Golf Course
Supervisor.
Upon motion of Council Member Ewan, seconded by Council Member Marx, and on
the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle.
NOES: None
ABSENT: None
Resolution No. 8936 (199' `ries)
Page 2
the foregoing resolution was adopted this 25' day of May, 1999.
4OMavyo�r len Settle
APPROVED AS TO FORM:
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RESOLUTION NO. 8935 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
1 ESTABLISHING SEWER SERVICE RATES
1
1
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and
rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and
adequate to fully cover the cost of providing services; and
WHEREAS, a comprehensive analysis of sewer fund operating, capital and debt service needs
has been performed for fiscal years 1999 -00 through 2002 -03; and
WHEREAS, the Council has reviewed the sewer service rates necessary to meet system
- coerating, capital and debt service requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Resolution No. 8678 (1997 series) is hereby rescinded, effective July 1, 1999.
SECTION 2. The rates set forth in the exhibit are hereby adopted, adopting rates for July 1,
1999, and July 1, 2000.
Upon motion of Vice Mayor Romero, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor
Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 25th day of May. 1999.
APPROVED AS TO FORM:
� /lMes
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Resolution No. 8935 (1999 Series)
Page 2
L
EXHIBIT to Resolution
MONTHLY SEWER SERVICE RATES
Single family dwelling, including
Single meter condominium:• and townhouses $22.88 $23.79
Multi- family dwelling an any duplex, apartment
house or rooming house, per each dwelling unit $18.02 $18.74
Mobile home or trailer park,
per each dwelling unit $13.60 $14.14
Public, private, or parochial school, average daily
attendance at the school $2.57 $2.68
All other accounts
Minimum charge
$22.88
$23.79
Additional charge for every 100 cubic feet in
$2.68
$2.79
excess of 500 cubic feet of metered water
consumption
Each vehicle discharging sewer into City system
Minimum charge
$75.38
$78.39
Additional charge "per 100 gallons in excess
of 1500 gallons discharged
$ 4.53
$ 4.71
1
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1
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RESOLUTION NO. 8934 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING WATER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees
and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable
and adequate to fully cover the cost of providing services; and
WHEREAS, a comprehensive analysis of water fund operating, capital and debt service
needs has been performed for fiscal years 1999 -00 through 2003 -04 with the goal of ensuring the
Water Fund's ability to pay for the full amount of water established by the City's .adopted
General Plan; and
WHEREAS, the Council has reviewed the water service rates necessary to meet system
operating, capital and debt service requirements, and has determined that rates can be decreased
by ten percent.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 8677 (1997 series) is hereby rescinded, effective July 1,
1999.
SECTION 2. The rates set forth in the exhibit are hereby adopted, rescinding adopted
rates for July 1, 1999, and setting new rates for July 1, 1999.
Upon motion of Council Member Ewan, seconded by Vice Mayor Romero, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 25' day of May, 1999.
Mayor Allen Settle
Resolution No. 8934 (1999 Series)
Page 2
APPROVED AS TO FORM:
CiffAttomey
C
1
C�
Resolution No. 8934 (1999 Series)
Page 3
EXHIBIT to Resolution 8934
MONTHLY WATER SERVICE RATES
Monthly water service charges per hundred cubic feet of water (ccf) used per dwelling unit for
accounts classified as residential by the Director of Finance and per account for all other users,
are as follows:
Construction Meters
1 ccf $2.51 $5.02
In excess of 1 ccf thereafter $163.97 $327.94
All others
1 to 5 ccf $2.51 $5.02
More than 5 ccf $3.15 $6.30
I
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1
RESOLUTION NO. 8933 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING CONINIISSION'S
ACTION BY THE APPELLANT, DIERDRE STULL- PADIDAR, THEREBY DENYING
THE USE PERMIT FOR A PROPOSED PROJECT LOCATED AT 1734 ALTA
STREET. (USE PERNUT A 177 -98)
WHEREAS, the Planning Commission conducted a public hearing on November 18,
1998, and on appeal, considered the applicant's request to reduce the required side yard to 2 feet
to allow for the construction of a balcony; and
WHEREAS, the Planning Commission upheld the applicant's appeal, and approved the
use permit to allow a balcony to be constructed with a 2 -foot side yard; and
WHEREAS, Dierdre Stull - Padidar, a neighbor of the project who lives at 1710 Alta
Street, filed an appeal of the Planning Commission's action on November 20, 1998, because she
felt that the proposed balcony would impact her privacy, would be a grant of special privilege
and is not necessary for the applicant's full use and enjoyment of his property; and
WHEREAS, the City Council conducted a public hearing on May 18, 1999, and has
considered testimony of the applicant and appelant for their different reasons, interested parties,
the records of the Planning Commission hearings and action, and the evaluation and
recommendation of staff.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1._. Findings. That this Council, after consideration of the proposed project
(A 177 -98), the appeal, staff recommendations and reports thereof, makes the following
findings:
1. The side -yard exception for the walkway/balcony would constitute a grant of special
privilege, due to the site's topography.
2. The exception is not necessary for the applicant's full enjoyment and use of the property.
3. The requested exceptions would compromise privacy between adjoining property due to
the height of the structures and grade differential between the properties.
SECTION 2. Appeal upheld. The appeal of the Planning Commission's action by the
neighbor, Dierdre Stull - Padidar is upheld, and therefore the use permit is denied.
F
1
Resolution No. 8933 (1999 Series)
Page 2
On motion of Council Member Ewan, seconded by Mayor Settle and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Schwartz and Mayor Settle
NOES: Vice Mayor Romero
ABSENT: None
The foregoing resolution was passed and adopted this 18th day of May, 1999.
Mayor Allen Settle
APPROVED AS TO FORM:
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11
1
RESOLUTION NO. 8932 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO POSTPONE SIDEWALK Il"ROVEMENTS ALONG
THE FUMINI FRONTAGE OF 1480 ELLA STREET.
WHEREAS, the City Council conducted a public hearing on December 15, 1998 and a
continued public hearing on May 18, 1999, and has considered testimony of interested parties
and the evaluation and recommendation of staff, and
WHEREAS, the City Council has determined that postponing the condition to install
sidewalk improvements along the Fixlini Street frontage of 1480 Ella Street would not result in
significant public inconvenience for pedestrians, motorists or bicyclists.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the appellants'
request to postpone installation of sidewalk improvements along the Ella Street and Fixlini
Street frontages of 1480 Ella Street and staff recommendations, public testimony, and reports
thereof, makes the following finding:
The condition which requires the installation of standard sidewalk improvements along
the Fixlini Street frontage of 1480 Ella Street is not needed at this time to accommodate
orderly development and pedestrian travel and would otherwise cause an undue
hardship on the owners which does not apply to other property owners pursuant to City
Municipal Code Sections 12.16.050 & 17.76.060.
SECTION 3. Approval. The request to postpone the requirement to install standard
sidewalk improvements along the Fixlini Street frontage of 1480 Ella. Street, in conjunction
with a current building permit, is hereby postponed to a future date when required by the
Public Works Director, subject to execution and recordation of a covenant by the property
owners, which shall run with the land. The City shall be responsible for the cost of installing a
City- standard curb ramp at the corner of Ella and Fixlini Streets.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the
following roll call vote:
AYES: Council Members Marx and Schwartz and Vice Mayor Romero
NOES: Mayor Settle
ABSENT: Council Member Ewan
Resolution No. 8932 (1999 Series)
Page Two
the foregoing resolution was passed and adopted this 18' day of May, 1999.
ATTEST:
City Clerk Lee Price
APPROVED AS TO FORM:
rlwi
1
Mayor Allen Settle
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1
RESOLUTION NO. 8931 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING EQUIPMENT AS SURPLUS PROPERTY
WHEREAS, the City Charter requires that the Council approve the sale or disposal
of surplus property with an estimated value greater than $100; and
WHEREAS, the Director of Public Works, the Director of Utilities, the Director of
Fire, the Director of Police and the Director of Parks and Recreation have identified equipment
items as set forth in Exhibit A which are no longer needed by the City.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo hereby declares:
SECTION 1. All items of property listed in Exhibit A are no longer needed by the City and
are surplus property.
SECTION 2. Disposal of the property shall be made by sale at public auction or by another
method of disposal in accordance with the City's surplus property policy as determined by the
Director of Finance to be in the best interest of the City.
Upon motion of Mayor Settle, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 18th day of May, 1999.
ATTEST:
City Clerk Mayor Allen Settle
APPROVED TO FORM:
0.///� e. ;,-,
s!' /
1
Resolution 8931 (1999 Series)
Page 2
EXHIBIT A
Public Works Department Vehicles and Equipment
Year Make Model License # Vehicle I.D.# Estimated Value
1985
GMC
S -10
483131
1GTBS14E3F8542024
500
1986
Torro
Mower
30782 -60840
900
1986
Ford
1/2 TonP /U
492910
1FTDF15Y4GPB98538
3,000
1987
Chevrolet
Station Wagon
74199
1G1AW81W8J6119815
2,000
1990
Layton
Tow Paver
10255
3,000
1992
Clark
idewalk Scrubber
QJ2281
300
Utilities - Department > Vehicle
Year
Make
Model
License #
Vehicle I.D.#
Estimated Value
197:' Case 580C Backhoe 8959473 5,000
' Fire Department Vehicle
Year Make Model License # Vehicle I.D.# Estimated Value
1991 Chevrolet Lumina
Police Department Vehicle
Year Make Model
199<0 Ford Aerostar
347560 2G1 WN54T6M9186564 2,500
License # Vehicle I.D.# Estimated Value
939439 1 FMDA31 U2LZB00968 2,500
Parks & Recreation, Department Vehicle
Year Make Model License # Vehicle I.D.# Estimated Value
1985 Chevrolet S-10 483123 1 GTCS1465F8533576 1,000
ITotal $20,700
O r0
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11
RESOLUTION NO. 8930 (1999 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING PROPERTIES AT 368, 369, 375, 395, 3989 431, 453, 4769 482, 487 CHORRO
STREET; 491 HILL STREET; 754, 755, 762, 785, 795 LINCOLN STREET; 704, 7069 7249
732, 7709 7809 7949 AND 804 MEINECKE STREET TO THE CONTRIBUTING
PROPERTIES LIST OF HISTORIC RESOURCES
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources" and "Contributing Properties List" (collectively referred to as
"Historic Resources "), along with procedures for adding properties to the listing; and
WHEREAS, on January 25, 1999 and March 2.2, 1999, following such procedures the
Cultural Heritage Committee held public hearings to consider recommending to the City Council
the addition of several properties in the City of San Luis Obispo to the Master List or the
Contributing Properties List due to their historical and/or architectural significance to their
neighborhood and to the community; and
WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical
documentation on the following properties and recommended that the City Council add these
properties to the Contributing Properties List of Historic Resources:
• 368, 369, 375, 395, 398, 431, 453, 476, 482_ , AND CHORRO STREET
• 491 HILL STREET
• 754, 755, 762, 785, AND 795 LINCOLN STREET
• 704, 706, 724, 732, 770, 780, 794 (45 Chorro Street), AND 804 MEINECKE STREET
WHEREAS, this City Council considered this recommendation during a public hearing on
May 4, 1999 pursuant to historic preservation guidelines established by Council Resolution No.
6157 (1987 Series).
R 8930
r
Council Resolution No. 8930 (1999 Series)
Page 2
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo
that based on the Cultural Heritage Committee's recommendation, documentation as described in
the Historical Resource Inventory for each property, on file in the Community Development
Department; public testimony, the staff report, and on the City's Historical Preservation Program
Guidelines the following:
SECTION 1. Addition to Contributing Properties List. The following properties have been
found to contribute to the historic and architectural character of the City, meet the criteria for
inclusion on the Contributing Properties List, and are hereby deemed Contributing Properties:
• 368, 369, 375, 395, 398, 431, 453, 476, 482, and 487 Chorro Street
0 491 Hill Street
• 754, 755, 762, 785, and 795 Lincoln Street
• 704, 706, 724, 732, 770, 780, 794 and 804 Meinecke Street
SECTION 2. Environmental Determination. The City Council hereby determines that this
action is not a "project" as defined in Article 20 of the California Environmental Quality Act
(CEQA) since does not have the potential for resulting in a physical change in the environment, and
therefore, is not subject to environmental review requirements.
SECTION 3. Publish Revised Master List. The Community Development Director is hereby
directed to amend the Contributing Properties List to include the properties listed above, and to
publish revised historic resource listings for public distribution.
On motion of Vice Mayor Romero, seconded by Council Member Ewan and
on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz,. Vice Mayor Romero, and Mayor
Settle
NOES: None
ABSENT: None
R 8930
U
Council Resolution No. 8930 (1999 Series)
Page 3
the foregoing Resolution was passed and adopted this 4th day of May, 1999.
Mayor Allen K. Settle
APPROVED:
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City Attorney
R 8930
RESOLUTION NO. 8929(1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING LOT LINE ADJUSTMENT MAP LLA 20 -99 (COUNTY MAP NO.
99 -006), INCLUDING EXCEPTIONS FOR LOT DEPTH FOR PARCEL 1, AND
LOT WIDTH FOR PARCELS 2 AND 3, FOR PROPERTY LOCATED
AT 2353 BUSHNELL STREET
WHEREAS, the City Council conducted a public hearing on May 4; 1999, and
considered the applicant's request for a lot line adjustment map to consolidate portions of six lots
that existed prior to 1977, and exceptions to lot depth for Parcel 1 and lot width for Parcels 2 and
3, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exceptions are consistent with the Zoning and Building Regulations, and other
applicable City ordinances; and
WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as
provided for by California Environmental Quality Act Guidelines, Section 15305 Minor
Alterations in Land Use Limitations.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of Lot Line Adjustment
Map No. LLA 20 -99 (County Map No. SLO 99 -006), staff recommendations and reports thereof,
makes the following findings:
1. With minor exceptions to the subdivision regulations, the resulting parcels from the lot line
adjustment will conform to the City's Zoning Regulations and building codes.
2. The lot line adjustment will improve the non - conformity of the of the existing lots consistent
with Chapters 17.12 of the City's Zoning Regulations. The resulting parcels will more nearly
conform to the lot area and dimension requirements of the Subdivision Regulations.
R 8929
Resolution No. 8929 (1999 Series)
Page 2
3. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
4. The proposed lot line adjustment is categorically exempt from environmental review
pursuant to Section 15305 of the CEQA Guidelines.
SECTION 2. _Conditions. Lot Line Adjustment Map No. 20 -99 (County Map No. SLO
99 -006), including exceptions to the Subdivision Regulations is approved subject to the
following conditions and code requirements.
The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued', the applicant shall submit a "Declaration of Lot
Line Adjustment "; along with recording and processing fees, and an 8 -1/2 x 11 map exhibit
suitable for recording; to the City Engineer for review, approval and recordation, based on
samples available in the Community Development Department.
2. The developer shall submit a detailed soils engineering report prepared by a register civil
engineer, prior to development of the site..
3. The developer shall submit a noise study to analyze potential noise impacts from train noise
on the future residences, prior to development of the site.
City Code Requirements.
4. Because the site is zoned R l with a special considerations overlay,. future development of the
site will require an administrative use permit, architectural review and possibly environmental
review.
5. Upon development of each parcel, separate water, sewer, gas, electric, telephone and cable TV
services must be constructed to serve each property.
6. Frontage improvements will need to be installed as each parcel develops. Improvements will
include a 2m (�6 ft.) wide integral curb, gutter, sidewalk and driveway ramp; street pave -out,
fire hydrants and street lights.
7. Street trees will be required to be planted per City Standards (one tree per 35 linear feet of street
frontage):
8. Traffic im- pact fees are required to be paid prior to issuance of a building permit.
9. Water and wastewater impact fees are required to be paid prior to issuance of a building permit.
R 8929
CG
Resolution No. 8929 (1999 Series)
Page 3
SECTION K Exceptions. That the requested exceptions to Sections 16.36.160 of the
Subdivision Regulations be-approved along with the tentative map f6r Lot Line Adjustment LLA
20=99 (County Map No. 99m006) based on the following findings.
1. The property to be divided is of such size or shape, or is affected by such topographic
conditions that it is imijossible im0factical or undesirable, in the barticular case, to conform to
the strict application of the regulations codified in Title 16 of the Municipal Code (Subdivision
Regulations); and
2. The cost to the subdivider of strict or literal compliance with the regulations is not the sole
reason-for granting the modification; and
3. The exception to the subdivision regulations will not be detrimental to the public health, safety
and welfare, or be injurious to other properties in the vicinity; and
4. Granting the subdivision exception is in accord with the intent and purposes of these
regulations, and is consistent with the general plan and with all applicable specific plans or
other plans of the city.
y
On motion of Council Member Schwartz, seconded by Council Member Ewan and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle,
NOES,
None
ABSENT: None
The foregoing resolution was passed and adopted this 4th day of May, 1999.
mayFoxkfeil Settle-
AT- S
— t
Lee PHA, City Clerk
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R 8929
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RESOLUTIONNO.8928 (1999Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING RIGHT OF WAY AGREEMENTS AND CERTIFICATES
OF ACCEPTANCE FOR EASEMENT DEEDS NEEDED ON THE
SANTA ROSA STREET BRIDGE AT SAN LUIS CREEK
BRIDGE REPLACEMENT PROJECT
SPECIFICATION NO. 9344
WHEREAS, the City proposes to replace the Santa Rosa Street bridge at San Luis Obispo Creek;
and
WHEREAS, replacing the Santa Rosa Street bridge requires the acquisition of temporary
construction easements over private property ; and
WHEREAS, the City has successfully negotiated right of way agreements and easement deeds
with the property owners;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo,
California hereby accepts Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9 as temporary construction easements for the
completion of the Santa Rosa Street Bridge reconstructionproject.
On motion of Council Member Ewan ,secondedbyVice Mayor Romero ,and on
the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero,
and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 4th
day of May 1999.
MAYOR AL EN ghfltE
,�� O O
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_i
RESOLUTION NO.. 8927 (1999 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA
DEPARTMENT OF FISH AND GAME FOR THE PROJECT KNOWN AS UPPER
PREFUMO CREEK FISH BARRIER REMOVAL
WHEREAS, the California Department of Fish and Game ( "Department") has requested
proposals for fishery restoration work throughout the State of California,
WHEREAS, the Department has stated in its request for proposals that projects intended to
particularly benefit salmonid resources of the State will receive highest priority for funding; and
WHEREAS, The City of San Luis Obispo maintains a strong interest in the potential for
improvement of salmo-nid habitat within San Luis Obispo Creek and its tributaries: and
WHEREAS, City staff have identified several projects on. San Luis Obispo Creek and its
tributaries which could improve salmonid habitat on said streams.
NOW, THEREFORE, BE IT RESOLVE_ D, that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the filing of an application for grant funds from the California Salmon and
Steelhead Trout Restoration Account; and ^ .
2. Appoints the City Administrative Officer as agent of the. City to conduct all negotiations;
execute and submit all documents, including but not limited to, applications; agreements,
amendments, payment requests and so on, which may be necessary for the completion of
the aforementioned project:
Approved and adopted this 4th day of May, 1999.
On motion of Council Member Ewan, seconded by Vice Mayor Romero and on the following roll
call vote:
AYES: Council Members Ewan, Marx; Schwartz, Vice Mayor Romero, and Mayor
Settle
NOES: None
ABSENT: None
R 8927
o c�
Resolution 8927 (1999 Series)
Page 2
The foregoing resolution was adopted this 4'h day of May, 1999.
gm
Allen K. Settle, Mayor
ATTEST:
Lee Price,
APPROVED AS TO FORM:
h IMPRIMIS 0� 5 1! "A"t 2
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t 1 ,
RESOLUTION NO.8926 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO SUBMIT AN
ENVIRONMENTAL EDUCATION GRANT APPLICATION TO THE STATE
DEPARTMENT OF EDUCATION, OFFICE OF ENVIRONMENTAL EDUCATION
WHEREAS, parents of children in the City's Before and After School Child Care
program have indicated they would like to have expanded after school enrichment programs; and
WHEREAS, the State of California, Department of Education has made funds available
for enrichment activities through the Environmental Education Grant program; and
WHEREAS, the City's children and families would benefit from the activities of the
grant.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That the City Council hereby grants approval for the City of San Luis
Obispo Parks and Recreation Department to submit a grant application to the State Department
of Education for funding through the Environmental Education Grant Program.
Upon motion of Council Member Ewan, seconded by Vice Mayor Romero
and on the following roll call vote:
AYES: Council Members Ewan, Marx;, Schwartz, Vice Mayor Romero
and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this _4th day of May , 1999.
R 8926
Resolution No. 8926 (1999'Series)
ATTEST-
Lee Price,
APPROVED AS TO FORM:
Mayor Of
R 8926
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RESOLUTION NO. 8925 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL OF THE
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION,
THEREBY UPHOLDING THE DECISION TO APPROVE
LOT LINE ADJUSTMENT LLA 213 -98 WITH A
MODIFICATION TO CONDITIONS OF APPROVAL
WHEREAS, the Community Development Director, on March 11, 1999, conditionally
approved a lot line adjustment for property located at 1704 and 1708 Broad Street; and
WHEREAS; Howard Carroll, property owner /applicant, filed an appeal of the
Community Development Director's action on March 22, 1999, based on concerns with
Condition No. 2 and 3 as approved by the Community Development Director; and
WHEREAS, the City Council conducted a public hearing on, April 20; 1999, and has
considered testimony of the applicant/appellant, interested parties, the records of the Planning
Commission hearings and actions, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the project is consistent. with the State
Subdivision Map Act, City Zoning Ordinance, Building Code and other applicable City
ordinances.
WHEREAS, the City Council finds the project to be categorically exempt from
environmental review as provided for by California Environmental Quality Act. Guidelines,
Section 15305 Minor Alterations in Land Use Limitations, and determined by the Community
Development Director.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows
SECTION 1. Findings. That this Council, after consideration of the proposed project
(LLA 213 -98), the appellant's statement, staff recommendations and reports thereof; makes the
following findings:
The lot line adjustment will improve the non - conformity of the of the existing lots and
development on the property consistent with Chapters 17.12 and 17.14 of the City's
Zoning Regulations.
2. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
3. The proposed lot line adjustment is categorically exempt from environmental review
pursuant to Section 15305 of the State CEQA Guidelines.
R 8925 - -
Resolution No 921999 .yes)
Page 2
SECTION 2. Action. The appeal is hereby denied, and the action of the Community
Development Director to approve Lot Line Adjustment LLA 213 -98 is upheld, subject to the
following conditions, as amended by the Council:
1. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot
Line Adjustment'', along with recording and processing fees, and an 8 -1/2 x 11 map
exhibit suitable for recording, to the City Engineer for review, approval and recordation,
based on samples available in the Community Development Department.
2. The location of all existing utilities (water, sewer, gas, electric, telephone and cable TV)
shall be verified, and if they cross proposed property boundaries those utilities shall be
relocated, or appropriate easements granted, to provide service directly from the public
right-of-way adjacent to each parcel.
On motion of Council Member Marx, seconded by Council Member Romero, and on the
following roll call vote:
AYES': Council Members Ewan, Marx, Romero and Schwartz and Mayor Settle.
NOES. None
ABSENT-None
The foregoing resolution was passed and adopted this 200' day of April, 1999.
Mayor Allen Settle
A
Lee Price, City Clerk
APPROVED AS TO FORM:
JShoals/LLA213 -98
i/��
ARTICLE 10
BILINGUAL PAY
10.1 Employees certified as bilingual in Spanish through a testing process shall
receive a bilingual payment of $35 per pay period. Additional languages may
be approved by the City based upon demonstrated need. Regardless of
certification, all employees shall use any language skills they possess to the
best of their ability.
ire
ARTICLE 11
OVERTIME - SWORN
11.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the
employee's 28 day work period. Vacation, holidays, sick leave, IOD, and
compensatory time off, shall be considered hours worked when computing
overtime.
11.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime
pay.
11.3 COMPENSATION
A. Overtime hours 161 through 171 worked in the employee's 28 day
work period, shall, at the employee's option, be compensated in cash
at time and one half the employee's regular rate of pay or in time off
compensated at time and one half. However, no employee shall
accumulate and have current credit for-more than 48 hours of
compensatory time off.
B. Overtime earned in.excess of the first 11 hours of overtime earned in
the employee's 28 day work period, shall be compensated in cash at
time and one half the employee's regular rate of pay.
11.4 GUARANTEED MINIMUMS FOR. RETURNING TO WORK
Whenever an employee is required by the department to return to work
outside of the employee's normal work hours, if a minimum applies as found
17
in this article, then the employee has the choice of taking the minimum or
taking the pay for the work actually performed.
11.5 CALL BACK
Employees called back to work at other than their normally scheduled shift
shall be guaranteed two -hour minimum payment at time and one half.
11.6 COURT TIME
(A) Effective January 1, 1999, employees reporting for court duty shall be
guaranteed two hours minimum payment at time and one half when
assigned to the day watch or three flours minimum at time and one
half when assigned to night watch.
(B) . Employees required to work through the lunch break while on court
duty shall be credited with time worked.
(C) Two or more court cases occurring within the minimum time period
shall be subject to a single minimum payment.
11.7 .ROLL_CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid
for such attendance. Payment shall be considered overtime and paid as such
if the hours fall within the definition of overtime.
11.8 TRAINING
Employees called back for training sessions authorized by the Police Chief or
Watch Commander shall be guaranteed two -hour minimum payment at
straight time.
M.
11.9 RANGE QUALIFICATION
A. Sworn personnel shall be guaranteed two hours at straight time when
participating in range qualification training when off duty.
B. Each sworn employee who shoots for qualification shall be provided
100 rounds of practice ammunition each month.
19
�1
12.1 DEFINITION
ARTICLE 12
OVERTIME - NON -SWORN
Overtime is defined as all hours worked in excess of 40 hours worked in a
work week. Vacation, holidays, sick leave, IOD and compensatory time off,
shall be considered hours worked when computing overtime.
12.2 ELIGIBILITY
All non -sworn employees covered by this- Agreement shall be eligible for
overtime pay.
12.3 COMPENSATION
Overtime shall be compensated in cash at time and one half the employee's
regular rate of pay or in time off compensated at time and one half.
20
ARTICLE 13
WORK OUT -OF -GRADE
Employees temporarily assigned to work in a higher classification shall receive one
step (5.26 %) additional pay but in no case more than the top step for the higher
classification under the following conditions:
A. The assignment exceeds ten consecutive work days, or eighty
consecutive work hours, in which case the step increase. becomes
effective on the first work day.
B. The person being temporarily replaced is on extended sick or disability
leave or the position is vacant and an examination is pending.
21
ARTICLE 14
STANDBY
14.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the
department to: 1) be -ready to respond immediately to a call for service; 2)
be readily available at all hours by telephone or other agreed upon
communication equipment; and 3) refrain .from activities which might impair
his /her assigned duties upon call.
The parties agree that employees on standby, as defined above, are "waiting
to be engaged." The parties further agree there is no intent to waive any
individual rights under FLSA.
14.2 COMPENSATION
Non- investigator
A. Sworn personnel placed on standby shall be compensated one hour's
pay for each five hours standby.
B. Such employees shall be paid a minimum of three hours straight time
when on standby.
C. Each -calendar day starts a new standby period.
Investigator
A. Investigators placed-on, standby shall be.compensated $12.00 per day
Monday through Friday, and $16.00 per day for other days of
standby.
B. Standby shall be rotated among the assigned investigators. Normally,
22
the standby assighrb6ht shall be for one week:
23
ARTICLE 19
EDUCATION INCENTIVE.
1�
The educational incentive pay plan shall continue as described below for non -sworn
personnel for the term of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year
after employment. with the City of San Luis Obispo, but credit will be given
for approved education obtained prior to that time. The:basic benefit for
employees employed prior to July 1, 1981; will consist of one -half step
above the base salary for possession of an A.A. or equivalent degree from an
accredited community or junior college, or 60 or more semester units, or a
City- approved equivalent; one full step for a B.A. or equivalent degree from
an accredited college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job related fields
or include at least 30 semester, or City- approved equivalent, units of job
related coursework in the case of an A.A. degree and at least 60 semester,
or City- approved equivalent, units in the case of a.B.A. Should an employee
qualify for the one -half step basic benefit by having completed 60 or more
semester units or City- approved equivalent, at least 30 of those units must
be in job related coursework. All qualifying coursework must be graded at
"C" or Pass or better.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be
made by the employee to the Chief of Police at least 30 days before the date
the payment of the incentive pay is to be effective. Approval of the Chief of
24
Police and the Director of Human Resources shall be required.
D. UNSATISFACTORY PERFORMANCE. In the event an employee receiving the
incentive pay is not performing up to the established .standards set for the
job, the Chief of Police, with the concurrence of the City Administrative
Officer, may suspend payment of the incentive pay or Step E of the salary
range, but not both, until such time as the employee's performance comes
up to the standard level, in the opinion of the Chief of Police'and in
concurrence of the City Administrative Officer
E. NON- APPLICABILITY. Educational incentives shall not be paid for education
received on City time. The education incentive will be removed if the
employee is promoted to a position which does not entitle employees to such
incentives.
F. NEW EMPLOYEES. -The basic benefit for employee's hired on or after July 1,
1981, shall be a five percent step increase for a period of one fiscal year if
during the previous fiscal year the employee has successfully completed
i.e., grades of "C" or better in all courses -- a minimum of nine semester
units of college level classroom work, or City- approved equivalent, approved
by the Chief of Police, provided that this benefit shall be payable only for
classroom work done after completion of the probationary period.
25
Ah
O
ARTICLE 16
UNIFORM ALLOWANCE
16.1 Each employee required to wear a uniform shall receive an annual uniform
allowance as provided below and is expected to purchase and maintain in
good repair all required uniform pieces.
16.2 The uniform allowance shall be:
1 July 1996 $775.00
1 July 1997 $800.00
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.
16.3 If an employee is off duty for more than three pay periods, the following
July's allowance should be reduced by the appropriate prorated amount.
26
ARTICLE 17
HEALTHCARE INSURANCE
17.1 CONTRIBUTION.
City shall contribute $415.00 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.
17.2 INSURANCE COVERAGE
A. 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
It
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 5% 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. In summary, this cost and
Any increases will be borne by the employees.
B. 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
27
I
� I I
unused portion of the City's contribution (after dental and vision
insurance 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 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.
C. 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.
D. Long Term Disability Insurance (LTD)
Upon notification from the Association, the City shall discontinue
providing LTD to employees and add .79% of salary to a maximum
salary of $3,333 per month to the salary schedule for all
classifications in the bargaining unit.
17.3 FLEXIBLE BENEFITS PLAN
The 1988 -1993 addendum outlining the flexible benefits plan is incorporated
herein as Appendix E.
M.-
The non- reimbursed maximum medical cost will be increased to $2,400 per
calendar year.
17.4 REPRESENTATION ON A MEDICAL_PLAN. REVIEW COMMITTEE
The Association shall appoint one voting representative 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.
A. Duties and Obligations_of_ the. Medical _Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall
be to:
1. Review and suggest changes for the City's flexible benefits plan
and the insurance plan offered under the MOA.
2. 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..
3. Disseminate information and educate employees about the
City's flexible benefits plan and the insurance plans offered
under the MOA.
4. Participate in other related assignments requested by the City
and its employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
conferring.
29
I
2. 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 the Association.
3. 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.
4. 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:.
30
�1
ARTICLE 18
RETIREMENT
I
18.1 The City agrees to provide the Public Employees' Retirement System's
(PERS) 2% at age 50 plan to all sworn personnel and 2% at age 60 for all
non -sworn personnel. The 2% at age 50 plan includes four amendments,
namely, Post Retirement Survivor Allowance, the 1959 Survivor's Benefit,
age 50 voluntary retirement, and one -year final compensation (except all
employees hired as sworn officers on or after 1 July 1987 shall have their
final compensation for retirement purposes figured on their highest three
years) and conversion of unused sick leave credit to additional retirement
credit. The 2% at 60 plan has three amendments, 1959 Survivor's Benefit,
one year final compensation, and conversion of unused sick leave credit to
additional retirement credit.
18.2 In addition to the employer contribution paid by the City, the City will pay the
employee's contribution to PERS to a maximum of 9% for sworn personnel
and 7% for non -sworn personnel.
18.3 Effective January 1, 2000 the City agrees to discontinue paying the sworn
employees' share of the PERS Contribution (9 %) and the non -sworn
employees' share of the PERS Contribution (7 %). The 9% and the 7% will
be added to the employees' base salaries and reported as compensation to
PERS. The employee will pay to PERS their contribution. As allowed under
Internal Revenue Code Section 414 (h) (2) the contribution will be made on a
pre -tax basis.
31
18.4 Effective upon ratification of the MOA, the process of implementing Section
21382.5 Fourth Level of 1959 Survivor Benefit will be commenced by the
City.
18.5 Effective upon ratification of the MOA, the process of implementing Section
21024 Military Service Credit as Public Service will be commenced by the
City.
32
R
��D
ARTICLE 19
SENIORITY
19.1 Overall seniority in a specific job classification (i.e., Police Officer,
Communications Technician, Field Service Technician, etc.) will prevail as the
standard. All days off, vacation, holidays, and shift selections will be
determined by overall seniority in a specific job classification, in compliance
with department policy. The department.will continue.to.designate the shifts
to be available; including the days off and shifts starting and stopping times.
Employees will choose from those shifts designated by the department as
available.
19.2 Seniority as it applies to special assignments for the officers, will also fall
under this standard regardless of seniority in the special assignment. This
shall include all current incumbents in specialty assignments as outlined in
Article S.
33
ARTICLE 20
HOLIDAYS
20.1 For all employees, holiday leave shall be accrued as earned each payroll
period at a rate of eight.hours per month. The following days of each year
are designated holidays for non -shift employees:
January_ 1 New Year's Day
January 15 - 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
September 9 - Admission Day
Fourt h Monday in October Veteran's Day
Fourth Thursday in November - Thanksgiving Day
December 25 - Christmas
Employee's Birthday
One -half day before Christmas
One -half day before New Year's
20.2 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.
20.3 Except with the prior approval of the Chief, non -shift personnel shall take the
holidays as scheduled above.
20.4 If the department is unable to allow shift employees .to take holiday leave,
the Chief may approve payoff of holiday leave on a straight time basis. The
payoff may occur once quarterly. This payoff is subject to annual approval of
the Chief.
20.5 Employees may accrue a maximum of holiday time not to exceed 96 hours.
34
S
ARTICLE 21
VACATION
21.1 Full time employees shall accrue vacation leave with pay at the rate of 96
-flours -per year of continuous service since the benefit date for the first five
years, 120 hours per year upon completion of five years, 14.4 hours per year
upon completion of 10 Years, and 160 hours upon completion of 20 years.
2.1.2 All employees may accrue a maximum of.vacation.time. not to exceed twice
their annual rate.
21.3 Vacation Sellback
All employees. in this unit. are eligible,. once annually in December, to request
payment for up to 48 hours of unused vacation leave provided that an
.employee's overall performance and attendance practices are satisfactory.
Payment for unused vacation leave is subject to the availability of budgeted
funds.
21.4 Patrol Vacation Assignment
The .master vacation schedule shall provide that two- officers. per watch shall
be allowed to sign up for priority vacation. Officers shall only be required to
sign up for regular work days.
Two additional officers (a total of four) shall be allowed to sign up on the
master vacation schedule. The Department, under normal circumstances,
dependent upon staffing level needs may accommodate up to a maximum
total of two officers per day per shift vacation leave.
85
Subject to the limitations above, after the posting of shifts /days off for each
shift rotation, employees shall be allowed to request, by seniority, for
additional available vacation days.
a
36
a
0
ARTICLE 22
SICK LEAVE
22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code..
.. 22.2 - 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%
37
C1
ARTICLE .23
FAMILY LEAVE
23.1 An employee may take up to 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.
23.2 An employee may take up to 40 hours of sick leave per year if the family
member is a -part of the employee's household.
23.3 - An employee may take up to 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.
23.4 The amounts shown above are annual maximums, not maximums per
qualifying family member. A member of the employee's immediate family,
shall mean spouse, child, brother, sister, parent, parent -in -law, step - parent,
step = brother, step - sister, grandparent, or any other relative living in the same
household.
23.5 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:
A. A new child through birth, adoption or foster care (maternal or paternal
leave).
B. A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
RE
C. Placement of an employee's child for adoption or foster care.
D. . A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be ins 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 personal illness, will be
subtracted from the 12 weeks allowed by the Family /Medical Leave Program.
employees must use all available vacation, compensatory time off and
holiday leave and, if appropriate, sick leave prior to receiving unpaid
Family /Medical Leave.
23.6 Employees on Family /Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums..Howeveri
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.
23.7 If an employee does not return to work following Family /Medical Leave, the
City may collect the amount paid for health insurance by the City during the
leave. There are two exceptions to this rule.
A. The continuation of a serious health condition of the employee or a
covered family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leave are available through the City's
"Guide to Family /Medical Leave Program ".
0E
ARTICLE 24
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the
employee's. immediate family, meaning spouse, child, brother, sister, parent, parent-
in-law, step = parent, step- brother, step- sister; grandparent, or any other relative
living in the same household, provided such leave as defined in this Article shall not
exceed 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 given
concerning the death of relationship shall be cause for discharge.
.M
ARTICLE 25
CATASTROPHIC LEAVE
25.1 Upon request of an employee and upon approval of the Chief of Police, leave
credits .(vacation, compensatory time off, or.holiday time) may be transferred
from one or more employees (donors) to another employee (recipient). The
recipient may participate.in the program under the six following conditions:
A. The recipient is a regular employee;
B. The recipient has sustained a life -threatening .or debilitating illness,
injury or condition; (The Chief may require that the condition be
confirmed by a doctor's report.); or
C. A member of the recipient's immediate family, as defined in Article 23,
has sustained a life threatening or debilitating illness, injury or
condition; (The Chief may require that the condition be confirmed by a
doctor's report.)
D. The recipient has exhausted all paid leave; or, in the case of illness of
or injury to a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to-work for at least 30
days and have applied for a leave of absence without pay for medical
reasons. This condition does not apply when the illness or injury
involves a member of the recipient's immediate family, rather than the
recipient.
F. The request for participation the program shall be made on an
Application for Catastrophic_ Leave Program form.
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25.2 Transferring Time
The following rules apply when donations of time occur:'
A. Vacation, compensatory time off, and holiday leave, may be
transferred by regular employees.
B. The time will be converted from the type of leave given (i.e. vacation,
holiday, etc.) to sick leave or family care leave, whichever is
appropriate, and credited to the recipient's leave time balance on an
hour- for -hour basis and shall be paid at-the -rate of pay of the receiving
employee;
C. The donations must be a minimum. of four hours and, thereafter, in
whole hour increments;
D. The total leave credits received by the employee shall normally not
exceed three months, however, if approved by the Chief, the total
leave credits received may be up to a maximum of six months;
E. � Recipients of family care leave will be allowed to use all hours
received, up to the limits of this policy (see D. above), even though
such use exceeds the limits -for family care .leave -found in Article 23.
F.. Donations approved shall be made on a Donation of `Time Credits form
signed. by the donating employee. These donations are irrevocable
under any conditions.
25.3 Anneal Rights
If an employee is denied participation in the program by the Chief, he /she
may appeal this initial decision jointly to the Director of Human Resources
and the City Administrative Officer. Their decision will be final.
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ARTICLE 26
WORKERS'_ COMPENSATION LEAVE
Any employee who is absent from duty because of on- the -job injury in accordance
with state workers' compensation law and is not eligible for disability payments
under Labor Code Section 4850 shall be paid the difference between his base
salary and the amount provided by workers' compensation law during the first 90
business days of such disability absence.
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ARTICLE 27
JURY DUTY-AND MILITARY LEAVES
27.1 JURY DUTY
Any regular or probationary City employee; when duly called to serve on any
jury, and when not excluded therefrom, or when subpoenaed to appear as a
witness at any trial, shall be compensated for the time required to be spent .
under the jurisdiction of the court by an amount equal to the difference
between the pay he /she received -as a juror-and his /her regular daily rate
received from the City. The difference between the time required to be spent
on jury duty and the normal work day of the employee shall be spent
performing the employee's regular job assignments unless the department
head, upon approval of the Director of Human Resources, determines this not
to be practical.
27.2 MILITARY -LEAVE
Any line -item employee shall receive normal salary and fringe benefits during
the first thirty days of any period of temporary military leave. Such
compensation shall not exceed thirty calendar days in any one fiscal year.
Any temporary military-leave in excess of thirty days in one fiscal year shall
-be-taken as vacation leave or leave of absence without pay.
.,
ARTICLE 28
GENERAL PROVISIONS
28.1 Payday
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every
other Thursday. This disbursement schedule is predicated upon normal
working conditions and is subject to adjustment for cause beyond the City's
control.
28.2 Paychecks Prior to Vacation
If an employee.is taking vacation leave and wishes to receive his regular
paycheck before payday, the employee must notify the Finance Department
in writing at least two weeks prior to the start of vacation provided the
employee has sufficient vacation time coming to cover the pay period.
28.3 Salary Survev Aiaencies
For the purposes of external comparisons the agencies to be used for review
of compensation shall be the same survey agencies as the City uses for other
City employees. Parties agree that this survey, shall .be: based on total
compensation and shall only be one of -the- considerations. used to determine
compensation.
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ARTICLE 29
RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a 45 minute driving radius from the
San Luis Obispo Police Department.
ARTICLE 30
DEFINITIONS
For purposes of uniformity in the performance evaluation process, the following
definitions are provided:
UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the position.
Performance indicates serious lack of knowledge of basic skills or lack of
application of skills. Requires immediate attention and improvement.
IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the
Ab position. Performance indicates some deficiency in basic skill, knowledge or .
application. Specific efforts to improve desired.
MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected. standards.
Performance indicates fully acceptable demonstration of knowledge and skills.
EXCEEDS PERFORMANCE STANDARDS
Performance- consistently above standards for-position .Performance-indicates
superior knowledge and application of skills.
OUTSTANDING
Exceptional performance, Application of knowledge, skills and results are
consistently well beyond the expected standard for position.
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ARTICLE 31
GRIEVANCE. PROCEDURE
31.1 A grievance is defined as an alleged violation, misinterpretation or
misapplication of the Employer - Employee Resolution, the Personnel Rules and
Regulations, this MOA or any existing written policy or procedure relating to
.wages, hours or other terms and conditions of employment excluding
disciplinary matters. A grievance_ filed by an individual-employee should be
clearly. identified as a formal grievance. This will be accomplished through
the use of a formal grievance form (See Appendix B).
31.2 Any employee may file and process a. grievance by providing the time, place
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and circumstances of the action prompting the grievance. A formal
grievance should be filed only after the employee has attempted to resolve
the disagreement with his /her immediate supervisor. As a courtesy, the
employee should advise his /her supervisor of any intention to file a formal
grievance. This* action must take place within 15 business days of the
occurrence of the grievance. Employees may be accompanied by a
_representative at. each :step of the process:. if .a� specific action to be grieved
affects:several.employees, those employees may consolidate their grievances
and be represented.
31.3 After consideration of a formal grievance; which could include consultation
and /or further discussion, the Chief, within 15 days of the filing of the formal
grievance, will provide a written response to the employee representatives
advising of his decision.
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31.4 Provided that implementation processes are correctly followed, amending the
Employer - Employee Resolution or the Personnel Rules and Regulations or
creating new or amended written policies or procedures may not be .grieved
but shall first be subject to notice and consultation or meeting and conferring
with the Association as .provided in Sections .7, 8 and 9 of Resolution No.
6620.
31,5. The grievance procedures. shall_ be outlined in:the Personnel:Rules and
Regulations.
31.6 Any dispute regarding the eligibility of an issue for the grievance process may
be -appealed. through the.process ultimately to the Hearing Officer who shall
decide on the eligibility prior to ruling on the merits.
31.7 A grievance is appealable following several preliminary steps, to a Hearing
Officer whose decision shall be final: A list of-five potential hearing officers
shall be obtained from the State Mediation and Conciliation Service by
mutual consent. Then following a random determination of which party
begins; parties shall alternately strike one name from the list until only one
remains. Any fees or expenses of the Hearing Officer shall be payable one -
half by the City and one -half by the appellant. All other expenses shall be
borne by the party incurring the expense.
31.8 The City reserves the right to make the Hearing Officer's opinion advisory or
to replace the Hearing Officer position in the grievance process with the
Personnel Board for the.Association provided that:
i
A. The Hearing Officer has ruled on at least five separate grievances for
the Association; and
B. The City has been sustained in at least 65 percent of the
determinations on grievances filed by members of the Association.
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ARTICLE 32.
LAYOFFS
32A Layoffs shall be governed by job performance and seniority in service within
a the department and job classification. For.the purpose of implementing this
provision, job performance: categories shall be defined as follows:
Category 1:
Performance that is Unacceptable. or Improvement Needed.
Performance defined by this category is evidenced by the employee's two
most recent performance evaluations with an overall rating that falls within.
% the lowest two categories of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance
Standards, or'is Outstanding..
_Performance .defined. by .this..category is evidenced by an employee's two
most recent performance evaluations with an overall.rating that falls within
the top three performance categories. of the performance appraisal.
32:'2 -A regular employee being Iaid off shall be that employee with the least
seniority in the particular job classification concerned who is in the lowest
job performance category. Employees in Category I with the lowest seniority
51
r 1
will be laid off first, followed by employees in Category II. Should the two
performance evaluations contain overall ratings that are in the two different
Categories as defined above, the third most recent evaluation overall rating
shall.be used to•deterniine which performance category the City shall use in
determining order of layoffs.
32.3 The parties agree that employees who are laid off pursuant to this Article
shall have reemployment rights:prior_to - the employment:of individuals on an
open or promotion list. The employee to be rehired,-must, at the time of
rehire, meet the minimum. qualifications as stated in the appropriate class
_. specifications. Employee will. be rehired-on the basis of last out, first in.
52
ARTICLE 33
WORK ACTIONS
33.1 Participation by an employee in a strike or a concerted, work stoppage is
unlawful and shall terminate the employment relation.. Provided however
that nothing herein shall be so construed as to affect the right of any
employee to abandon or to resign his employment.
33.2. The Association shall not hinder, : delay; .interfere; or. :coerce. employees of the
City in -their peaceful performance of City services by strike; concerted work
stoppage, cessation of.work, slow- down, sit -down, stay -away, or unlawful
picketing.
It 33.3 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 ordisciplinary actions, may by the-action of the Municipal
Employee Relations Officer cancel any or all payroll deductions, prohibit the
use of bulletin boards, prohibit the use of: City facilities,: and withdraw
recognition of the Association.
33.4 Employee members of the Association shall not be locked out or prevented
by'rhanagement officials from performing their assigned duties when such
employees are-willing and able to. perform such duties in the customary
manner and at reasonable level of efficiency.
33.5 Any decision made under the provisions of this Article may be appealed to
the City Council by filing a written Notice of Appeal with the City Clerk,
53
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 10
working days after the Association 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 34
COMMUNICATION PROCESS
34.1 Conferences
There will be meetings as needed between the Chief of Police and
management member(s) and at least two Association representatives to
discuss problems or other subjects of mutual interest. Minutes of the
meeting will be maintained to reflect topics discussed;- actions-to be taken,
the party responsible for any action and the expected completion date.
34.2 Quarterly Meetings
Two to four representatives of the Association, the City Administrative
Officer (or designee), Chief of Police (or designee), and management
representative(s) designated by the City will meet quarterly if there are issues
of concern to the parties. No issues will be brought to this quarterly meeting
without first having been discussed with the Chief of Police at a previous
conference.
55
ARTICLE 35
NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope
of representation, the City shall give the Association advance notice and the
opportunity to meet and confer with City representatives prior to making the
change(s).
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ARTICLE 36
EQUIPMENT
The City agrees to provide each sworn employee of the. Association a Bianchi
"Accumold "'.utility.belt. The utility. belt will only be worn as directed
.by the Chief.
of Police: The utility belt will become the property of the employee and the
-employee agrees to maintain this piece of equipment.
A. The. utility belt will consist,of::.belt, handcuff case; chemical spray
holder; baton holder (to fit the baton ,carried by. the employee),
magazine case (to fit the magazines carried by the employee), holster
(to fit the weapon carried by the employee); radio holder (to fit the
radio carried by the employee), and. four belt keepers, Any other
accessories will be the responsibility of the employee.
87
ARTICLE 37
LIGHT DUTY
The City and the Association have met and conferred on a light duty /return to work
policy;, which is established by mutual agreement as Police Department Operations
Directive L 702, dated May 12, 1999.
9
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C]
ARTICLE 38
WORK SCHEDULES
38.1 The existing side letter agreements for schedules in patrol and
...communications are incorporated herein as Appendices C & D. Other
division /assignments may be ,provided alternate work schedules under the
following language.
Employees may request that the Department Head -or his /her designee
consider. alternate -work schedules: Examples of alternate .work schedules
include. 4%10 schedules; 9/80. schedules, 12 hour schedules, flexible
schedules, etc. Alternate schedules may provide for paid or unpaid lunch
periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of
at least thirty calendar days prior to having an alternate work schedule
discontinued.. Such notice does.not ;apply -to �moving- between alternate
schedules, temporary schedule changes,- flexible-:schedules,: etc. If an
alternate schedule is discontinued, the Department will notify the Association
of the reason(s) for ending the schedule.
Employees on flexible /alternate schedules shall continue to accrue time on
the standard eight (8) hour day. Accrued leave: shall be charged based. on
the number of hours missed due to a flexible schedule.
59
Implementation of flexible /alternate schedules in non -sworn employee(s) may
have a different FLSA seven (7) day work cycle established. Once
established; the FLSA work schedule shall not be changed on a frequent or
routine basis.
38.2 Shift adjustment guidelines are incorporated herein as Appendix F.
We
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ARTICLE. 39
SWAT
SWAT team members are required to maintain a higher standard of physical fitness
than the normal employee. The City will reimburse each SWAT team member who
voluntarily joins a physical fitness gym for the cost of the membership and monthly
charges up to a maximum yearly rate of 8375.00 per member. At the City's
request each member requesting reimbursement may be. required..to-provide proof
of membership.and active participation.
61
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ARTICLE 40
TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Operations
Directive T- 12,.where the employee may be subject to investigation, shall be
advised of his /her right to representation.
Within 30 days of ratification of the MOA, the Department, in consultation with the
Association and with the assistance of the. Director of= Human Resources, will
review Operations Directive T -12 relative to providing guidance for supervisors on
the appropriate treatment of employees involved in traumatic /critical incidents on
issues such as:
• Phone Calls
• Allowing. for peers to accompany an employee under appropriate circumstances
a Etc.
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ARTICLE 41
NO-DISCRIMINATION
41.1 There shall be no discrimination by the City of San Luis Obispo_ in
employment conditions or treatment of employees on the basis of race,
color, religion, national .origin, sex, sexual orientation, .age, marital status,
physical or mental disability, association membership or non- membership, or
participation in the activities of the Association.
41.2 There shall be no - discrimination by the San Luis Obispo Police Officers
Association in treatment of employees on the basis of race, color, religion,
national. origin, sex, sexual orientation, age, marital status.-physical or mental
disability; Association membership or non - membership, or participation in the
activities of the Association.
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ARTICLE 42
REOPENERS
The City shall have the right, but not the obligation, to reopen negotiations during
the term of this agreement on:
• Implementation of the 2% @ 55 retirement program for non- sworn employees.
• Implementation and funding of increased cost of living formulas for sworn
employees.
• Sick leave incentive programs.
ARTICLE 43
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association.. This Agreement
supersedes all previous Memoranda of Understanding or Memoranda of Agreement
between the City and the-Association except as specifically referred to in this
Agreement. The parties, for the term of this. Agreement;- voluntarily and
unqualifiedly agree to waive the obligation to negotiate with respect to any
practice, subject or.matter not specifically referred to or covered in this Agreement
even though such practice, subject or matter may not have been within the
knowledge of the parties at the time this Agreement was negotiated and signed. In
the event any new practice or subject matter arises during the term of this
Agreement and an action is proposed by the City, the Association will be afforded
notice and shall have the right to meet and confer upon request.
65
ARTICLE- 44
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 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 (1989 Series).
a
ARTICLE 45
RENEGOTIATIONS
If either party wishes to make changes to this agreement, that party shall serve
upon the other, its written request to negotiate, as well as its initial proposals for
an amended Agreement. -Such notice and proposals must be submitted to the other
party no more than 135 days nor less than 105 days prior to the end of the
.Agreement. If notice is properly and timely given, negotiations shall commence no
later than 90 .days prior to the end of the Agreement.
67
ARTICLE 46
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1998, and shall continue in full
force and effect until expiration at midnight, June 30, 2000. The City agrees to
provide the Association with 100 copies of this final MOA within 30 days of
signing.
SIGNATURES
1. Classification covered by this Agreement and included within this unit are
shown in Appendix "A ".
2. This Agreement does not apply to Temporary Employees or Part-time
Employees.
This Agreement was executed on .June 1, 1999, by the following parties:
CITY OF-SAN LUIS OBISPO
on M�
(IIL461 :5*1R�
Ann Slate, Director of Human Resources
.:
SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION.
4 i�g4
Dave rench, Negotiator
!e1 4rmM, SL6POA�
�l
APPENDIX A
CLASSIFICATION.
Non -Sworn
Communications Technician I
Evidence Technician
Field Service Technician
Police Cadet
Sworn
Police Officer
.•
APPENDIX B
GRIEVANCE FORMS
70
CITY OF SAN LUIS OBISPO
FORMRL GRIEURNCE
INSTRUCTIONS: Grievance must be filed within 15 business days of the occurance. First discuss
with your Immediate Supervisor, then with your Supervisor's Superior. If not resolved, complete this
form and distribute in accordance with departmental procedures. ; ,• ..
Grievant's Name (Please Print or Type )
Class Title
Has this grievance been discussed with your Immediate Supervisor?
Date of Discussion
Name of Immediate Supervisor?
Title
Has this grievance been discussed with your Supervisor's Superior?
Date of Discussion
Name of your Supervisor's Superior?
Title
What is the action or situation about which you have a grievance?
(Be specific give: date,time, location, and witnesses.)
What do you think should be done about it?
What was your Supervisor's response?
What provision of the Rules, Regulations, or Agreement was violated?
Article of MOA
Department Rule
Date of Grievable Incident
What other person do you want notified of any hearings held or actions taken on this grievance?
Name: Mailing Address:
His /Her role in grievance:
Grievance's Signature:
Date:
Received by:
Date:
CITY OF SAN Luis Obispo
GIRIEURNEE OPPERIL
INSTRUCTIONS: Appeal to the City Administrative Officer must be filed Within five (5) business days of
receipt of the Chief of Police's decision. Appeal to the Hearing Officer must be filed within five (5) b usiness
days of receipt of the decision of the City Administrative Officer. Complete form and distribute in accordance
with departmental procedures.
Grievant's Name (Please Print or Type)
Claps Title
Date of Grievance Initiation.
I wish to appeal the Grievance Response signed by:
Name. Title Date
Level to which grievance is being appealed: Check One
City -Administrative Officer via Personnel Director ❑ Hearing Officer
Reason for Appeal:
Grievance's signature:
Date:
Received by:
Date:
APPENDIX C
PATROL 3/12 WORK PLAN
73
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APPENDIX C
ADDENDUM TO THE
1985 -88 MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
DOVAMRT R
The. Association, in an effort to improve scheduling of time off for
sworn employees, has requested the implementation of a 3/12 work hour
plan_ The City has agreed to use this plan on a trial basis. The test
period will last up to eight .months.
The City has the right to .termina to l.the use of the . 3/ 12 work plan
And reassign employees to the 5/8 work week at any time during the test
per.iod if the City believes the 3/12 is too costly, too cumbersome, or
unacceptably reduces the level of service-provided to the community.
The Association has the right to terminate the use of the 3/12 work-
plan, if the plan as implemented becomes unacceptable. The addendum sha.11
terminate on the last day of the 28 -day cycle following a 30 -day written
notice from the Association to the City.
After the test period, the parties will evaluate the results of the
plan. Such evaluation period shall .last at least three months. Both
parties will evaluate the results of the test, but the f.inal de.term'ination
as to whether or not the plan is used after the evaluation period shall be
made by the City. If; on the basis of the analysis of the test, the City
determines it may reimplement a 3/12 work plan, prior to making a f -inal .
determination the City shall first meet and confer with the Association
about the specifics of such 3/12 work plan and any revisions to the.
Memorandum of Agreement needed to implement such a plan.
It is further understood and agreed that all employees in the
department recognize and accept their responsibility _,) make the 3/12 `...r.
work. In this spirit, the employees will cooperate in making themselves
1
1
available for and respond to all requests or orders concerning, shift .
adjustments, utilization of pay back days, subpoenas, training, or
emergency call backs made by management during the test period as is
necessary to effectuate this agreement.
EFFECT OF THIS ADDENDUM
The .1985 -88 Agreement shall .remain in full force and effect except
as specifically modified below. The modifications below shall terminate
on. the las t. da to of the effectiveness, of .,thins. Addendum. or any earlier date
upon which the City or the Association decides to terminate the test
period and all the provisions of the 1985 -88 Agreement shall. once again
become fully operative.
TERM OF TEST PERIOD
The test period .shall commence prior to December,
and shall fully terminate eight months from date of commencement.
WORK HOURS.(ALL NEW)
The—basic work pattern for sworn officers on patrol shall be three
12 hour days each week, plus assigned pay back. Employees will normally
be assigned to work 160 'hours in a 28 -day work cycle. In addition,
employees who attend shall be compensated. for b.rie.f ng -time.
If, an employee does not work .the.f.ul.l_160 hours 'in a 28. -day work
cycle, the City shall deduct the unworked hours from an employee's accrued
.holiday or.vaca.tion balances, unless the unworked hours result for reasons
of excused paid absence of because the City did not assign a pay back
shif t.
During the test period, the City shall have complete flexibility to
change work hours. The City's intent, however, is to give reasonable,
prior notice whenever possible.
2
:
OVERTIME -- SWORN (NO CHANGE EXCEPT FOR:)
8.3 All hours worked through the first 165 hours in the employee's
28 -day work period shall be paid in cash at the employee's straight
time base hourly rate. All hours worked above, 165 in the employee's
28 -day work period shall be paid in cash at time and one half the
employee's regular rate of pay.
GUARANTEED MINIMUMS FOR RETURNING TO WORK
(REPLACE CURRENT WITH:)
Whenever an employee is required_ by the department to return to work
outside of the employee's normal work hours, if a minimum applies as. found
in this article, then the employee shall receive the minimum or pay for
the work actually performed, whichever is larger.. The City- shall have the
I option of paying the minimum in cash or as an adjustment to the employee's
I.
work shift if the work shift commences within twelve (12) hours of the
scheduled return to work.
11.1 SCHEDULED RETURN TO WORK.
Court Time
(a) Employees reporting for court duty shall be guaranteed two
hours minimun payment at straight time.
(b) Two or more court cases.occurrfng within the minimum time
period shall be subject to a single minimum payment.
Training
Employees called hack for training sessions authorized by the
Chief of Police or the Watch Commander shall be guaranteed
two -hour minimum payment at straight time.
Range Qualification
(a) Sworn personnel bt_1ow the rank of Captain shall be
guaranteed twu hours at straight time when participating
3
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in range qualification training when off duty.
(b) Each sworn employee who shoots for qualification shall be
provided 100 rounds of practice ammunition during that
month.
11.2 NON- SCHEDULED RETURN TO WORT:
Ca 11 Back
Employees called back to work at other than their, normally
scheduled shift.sha.1l.be . guaranteled two-hour minimum payment at
time - and - one - half..
STAND BY (NO_ CHANGE EXCEPT FOR :)
13.2 COMPENSATION
Non- in_v_estigator
' (a) Sworn.personnel below the rank of Lieutenant, placed on
standby, shall be compensated one hour's pay for each five.
hours standby.
(b) For any calendar day ANY part of which an employee is scheduled
to work, the employee shall reced ve no minimum pay for
standby. For any calendar day NO part of which an employee is
scheduled to work, .the employee shall receive a minimum of
three hours of pay at straight time, rate for standby.
Investigator
No change.
HOLIDAYS, VACATION, SICK LEAVE.
Each of the above shaII continue to accrue as provided in the
current Agreement, except that, where the accrual or use is stated in
days, such accrual or use shall be converted Lo hours by using eight (8)
hours for each day ,provided. then an.emj)Loy_u takes time off from any one
of tucse benefits, for each hour t:+ken ott .;i,t: hour shall be subtracted
4
from the employee's accrued balance.
BEREAVEMENT LEAVE
No change except the time. off shall not.ezceed 40 working hours per
incident:
C17Y OF SAN LUIS OBISPO
SAN LUIS OBISPO
POLICE OFFICERS ASSOCIATION
t
Ann Crossey Da. Glen ,Jor n — Dato
Personnel- Director- President SLOOA
bon Englert Date
Chief of Poli'e
5
Terry Campbell fe
Vice President SLOPOA
SIDE-LETTER TO ADDENDUM
of 1985 -88 Memorandum of Agreement
Between the City of San Luis Obispo
and the San Luis Obi.spo Police Officers Association
By mutual consent of the City and the Police Officers Association;
the attached addendum with sideletter adopted May 199 1987 by Resolution
6216 (1987 series) is hereby modified to read as follows:
A. Page One, Paragraph One :,
In an effort to improve scheduling, the Chief
of Police desires to implement a 3/12 Work
Hour Plan. This plan wi.al be implemented
beginning January 1, 1988 and will remain in
effect until such time that it is no' longer
determined to be beneficial to the City and /or
the Police Officers' Association.
8: Page One, Paragraphs Two, Three; Four and Five:
It All Paragraphs deleted.
C. Page Two, Paragraph One:
Peieted.
D. Page Twin, Paragranh Three:
DeIeteu.
The i.lty allg the PoI:.CF Officers 1ssoclatior, agree Co continue . all
tithe' aSDeC tS ilf t'iE ,-c:r re,n,. aG•lendum to lciS', -88 ^10A as wr.lt tell through
Lune SSG. 19p8.
The C.it„ ,n,l PUIice Offll}L-.rr, ,' „ =,cc lat.
lo,a ,isc ,agree that all
other provi.sions of the current r10A, not effected by the addendum, will
remain the same. -
Nothing herein should be construed to indicate that the City will,
in any way, relinquish current or future management prerogatives to
establish necessary work plans appropriate to the needs of the Department.
i
I
City of San Luis Obispo
Ann Crossey
Director of Personnel
J es M. Gardiner
Chief of Polite
John D n
it,y A inistrative Officer
Police Officers Association
AyN, t '
resident, San Luis Obispo POA
APPENDIX D
COMMUNICATIONS WORK PLAN
m
�J APPENDIX D
ADDENDUM TO THE 1995 -96 MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
PREAMBLE
The Police Officers' Association (Association), in an effort to improve scheduling
and leave time considerations for Communications Technicians, desires to
implement a 3/12 work plan for Communications.
The City and the Association agree that policies and procedures covered by this
Addendum shall in no way affect policies and procedures in place for the Patrol
Division 3/12 plan.
It is further recognized and agreed that both parties accept their responsibility
to make this agreement work and for employees covered to respond to all
requests and orders covered by this plan.
The City or the Association shall have the right to terminate the use of this plan
if it becomes unacceptable. Both parties agree to meet and confer, prior to
termination.
3/12 WORK SCHEDULE
I. SHIFT ASSIGNMENTS - Shift assignments will consist of Day Watch, Night
Watch, Day Relief, Night Relief, and Cover shift.
A. Vacancies may be covered by reassignment of the Cover shift with 14
days notice.
B. The Day Relief will cover absences on Day shift and the Night Relief
will cover absences on the Night shift, as staffing permits.
C. Except under emergency circumstances, days off will not be split
without the employee's agreement.
1
D. Paybacks will be. scheduled in conjunction with days off, by seniority,
as staffing permits.
E. When available staffing permits, a work week will consist of a
combination of three 12 -hour work days and a payback.
F. The first draft of the work schedule should be posted 21 days prior to
the beginning of the work cycle. The final draft should be posted 14
days prior to the beginning of the work cycle.
II. SHIFT SIGN UP - By September 15 of each year, the Communications Unit
Supervisor will post the annual blank schedule for the following year sign
up of vacations, shifts, and days off.
A. Employees will sign up by seniority for their choice of shifts, days
off, and leave hours for each of the three annual rotations.
Modifications to this policy will be considered by the Communications
�. Unit Supervisor to deal with critical needs.
B. Each employee will have three days, from the date of receipt of the
schedule, to make their selection of shifts, days off and vacation.
They may sign up for the total of their annual accrual of vacation
time. After all employees have signed up for use of their vacation
time, they may again, by seniority, sign up for use of other leave
hours. For the second sign up, they may use all of the time they will
have available on the date they wish to take the leave. When medical
conditions or position openings exist, overtime will be considered to
cover for scheduled vacation time.
C. The tentative shift /vacation schedule will be posted in the
Communications Center for reference. The 28 -day work schedules
Will be used for payroll purposes.
D. No employee will be allowed to work a particular shift assignment for
more than two consecutive rotation periods, except as authorized by
the Communications Unit Supervisor. This will also include the Relief
shift that works the same general hours. The Cover shift is
considered a Night shift.
2.
IN
E. Every employee must work a Day Watch and a Night Watch during each
12 -month sign up period, unless otherwise authorized by the
Communications Unit Supervisor..
F. Every employee must work a Relief shift before another employee it
assigned to work a second Relief shift. A senior employee may
request a Relief shift if they desire, thereby postponing a junior
employee's mandatory relief shift until the next 12 -month sign up
period.
III. SHIFT REASSIGNMENT. CREATED BY UNDER "STAFFING - If an employee is
reassigned for a long term vacancy, and the returning employee comes back,
both employees will return to their originally selected shift.
A. In the event of a permanent vacancy, and when staffing increases, the
affected employee who was reassigned has the option of going back to
the originally selected shift or remaining on the reassigned shift.
B. If an employee is reassigned from one shift. to another, that employee
may take credit for either shift.
C. If an employee selects a Relief shift and is then reassigned to a Day
or Night shift, that employee receives credit for the Relief shift.
IV. SHIFT TRADE - Any request for a change or deviation between employees
(i.e., shift trade) must be submitted in memo form signed by both affected
employees within one week 'of posting the tentative schedule.. Requests
will be forwarded through the chain -of- command for a final decision by the
Bureau Commander. If approved, affected employees will also trade
seniority for selection of days off. For scheduling purposes, the shift
change will affect only the two employees involved. Affected employees
will receive credit for the "shift they work, if it is for the entire rotation.
V. EMPLOYEE REQUESTED TIME OFF CANCELLATION - When an employee
determines they will not be taking scheduled time off, they will prepare a
memo stating the dates they will not be using and post it. in the
Communications Center. By seniority, employees junior to the person
canceling may request to use those dates. Any necessary adjustments to
3
a.
the shift will be made between employees with no cost to the City. As
quickly as possible, the Communications Unit Supervisor will be advised of
any changes in the schedule.
VI. TRAINING It is agreed by all parties that paybacks may be used to
accomplish training for the Communications Technicians as needed.
VII. SHIFT ADJUSTMENTS Shift adjustments required to fill staffing vacancies
or sick leave will not exceed. four hours. When a shift adjustment is
required, there will be a minimum of eight hours between shifts. Planned
adjustments due to vacancies must be, listed in the next work cycle
schedule when it is posted for review.
VIII. TIME_OFF - Coverage for time off will first be filled by the Relief shift for
that Watch. If no one is available, a volunteer will be sought from the
opposite Relief Watch.
A. When any employee is required (ordered) to make a shift change, a
minimum of 14 days notice will normally be given. in no event will
less than seven days notice be given. Required (ordered) shift changes
must be in one week i rements. Employees. must consent to shift
.changes of less than one week increments. Time off will not be
authorized /approved if it would conflict with adherence to these
guidelines.
CITY OF
SAN LUIS OBISPO
Bart Topha Date
Management Representative
El
SAN. LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
L4� -76
Gilbert Rendon Date
POA Vice. President
t..
CITY OF
SAN LUIS OBISPO
James M. �Gard=��Date
Chief of Police
dj-4r &196
Ann Slate Date
Personnel Director
5
0~
SAN LUIS OBISPO
POLICE OFFICERS' AS
th
Mary "Kris" Dutra D_ ate
Communications Technician I
APPENDIX E
FLEXIBLE BENEFITS PLAN
:o]
n _
ADDENDUM
APPENDIX E
TO THE 1988 -1993 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
POLICE OFFICERS ASSOCIATION
FLEXIBLE BENEFITS PLAN
A. PURPOSE OF THIS ADDENDUM
To protect the non - taxable status of city contributions for
insurance under the memorandum of agreement (MOA), the City
and the Association here 1) modify the MOA provisions about
refunding unused contributions and 2) outline the intentions
and contents of a flexible benefits plan (sometimes referred
to as a "cafeteria plan "), which shall include a salary
reduction plan component and /or other mutually agreeable
provisions.
B. DELETION OF EXISTING REFUND PROVISIONS
Article 17.3 of the MOA is deleted.
C. INTENTIONS
AND CONTENTS OF THE FLEXIBLE BENEFITS PLAN
The
City and the Association shall adopt a flexible benefits
plan
which shall:
1.
take effect retroactively from January 1, 1990..
2.
comply with applicable Internal Revenue Code sections;
including Section 125
3.
allow an employee to:
a. avoid taxation on portions of salary (the amount of
the-employee share of the benefit) and City
contributions used for insurance premiums through a
salary reduction plan
b. purchase additional group term life insurance
4.
provide for an employee to receive any unused City
'
contributions in cash each pay period (a- change from
previous practice)
5.
through amendment of the plan as soon as reasonable,
allow an employee to avoid taxation on salary and City
contributions used for other permitted purposes, subject
to the provisions of paragraphs D.1 and D.2 of this
addendum. The Asssociation shall meet and confer with
the City to achieve such mutually acceptable amendments.
W..
Addendum
Flexible Benefits Plan
Page 2
6. allow the City, as plan 'administrator, to establish
administration procedures and to make amendments to the
Plan (which amendments may be implemented during the
term of this MOA) subject to Sections C5, 6, and 8; and
including all required meet and confer procedures
7. reasonably protect an employee's benefits under the plan
if the employee cannot manage his or her personal
affairs
8. not supercede any contrary provision contained in.the
MOA (including this addendum) nor limit the rights-of
any employee under the Meyers- Milias -Brown Act.
D. MISCELLANEOUS
1. The provisions of.paragraph C6 of this addendum, .
regarding amendment of the flexible benefits plan, shall
not preclude the Association. and the City from meeting
and conferring.
2. 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 the Association.
3.. The City shall direct its .tax attorney to obtain an
opinion letter 'from the Internal Revenue Service about
qualification of the flexible benefits plan document
under the Internal Revenue Code.
4. Should any employee association or any of its employees,
be allowed to withdraw from participation in the City's
health insurance plans, or be determined to have such
right of withdrawal, the City and the Association shall
meet and confer about the effects of such a withdrawal.
This addendum is executed by the-following authorized agents:
FOR THE CITY OF SAN LUIS OBISPO:
1 d k( -
Ann McPike, Personnel Director.
3_� �p
Date
FOR THE ASSOCIATION:
Gary. /Nemeth, President.
Date
APPENDIX F
SHIFT ADJUSTMENT
.m
o
APPENDIX F
Shift Adjustment
Management and the POA reaffirm that scheduling is a management responsibility.
However, in the matter of shift adjustments policies, it is agreed that the following
guidelines will be followed:
A. In any situation necessitating a shift adjustment, volunteers will first be sought..
B. Shift adjustments will not be for more than two hours.
C. Shift adjustments for special units or assignments are not covered by this guideline
and remain the discretion of the Unit Supervisor or Bureau Commander.
:...D. `.Whenever volunteers cannot be located, Officers assigned-will be:chosen sequentially
by seniority.
E: Generally, no more than two Officers per shift should be ordered to adjust unless an
specific event necessitates it.
F. At least 14 days notice will normally_ be given, but in no event will less than seven
days notice be given, for an ordered shift adjustment.
G. An Officer authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
H. Officers will be given at least ten hours between shifts for ordered non- emergency
shift adjustments.
I. Shift adjustments will not be ordered to deal with court or shift continuation unless it
is necessary to insure the Officer has adequate rest. If court or another assignment
prevents. an Officer from getting proper rest between.shifts, the Officer-and the Watch_
Commander may arrange a -shift adjustment to. meet this need. With - approval, the
Officer could opt to use adjusted court time towards normal :work hours instead of
overtime, or to adjust shift start time up to four hours. In cases where the Watch
Commander determines an adjustment is wan-anted but does not have sufficient
manpower, he is authorized to bring in a replacement (on O/T) for up to four hours.
J. Shift adjustments will not be limited by day or time except as articulated above.
K. It is noted that either party may reopen these issues at the time of contract renewal.
Cl
APPENDIX G
RULES GOVERNING SALARY INCREASES
92
APPENDIX G
RESOLUTION \0. 4272(1930 Series)
Section 3. Rules Coverninc Step Incr.:.cces. The following rules shall gove
step increases for employees other than those specified in Section 4:
(1) The first step is the minimum rate and shall normally be the hiring rate for
the class. In cas ^.s where it is difficult to secure qualified personnel, or
if a person of unusual qualifications is hired, the Administrative Officer m
authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee to impro
his work. An employee may be advanced to the second step following the
completion of six months satisfactory service upon recommendation by his
department head and the approval of the Personnel Director.
(3) The third step represents the middle value of the salary range and is the ra
_. ..
at which a fully qualified, experienced and ordinarily conscientious employe
Std
may expect to be paid after a reasonable period of satisfactory service. Ar
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 step is to be awarded only in case of work which is well above
average for the class. An employee may be advanced to the fourth step afte_
completion of one year of service at the third step provided the advancemen-
is recommended by the departmnet head and approved by the Personnel Director
(S) The fifth step is intended as a reward for performance sustained above
satisfactory. An employee may be advanced to the fifth step after completi
of two years service (one year for police Officers, beginning level, or 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.
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