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HomeMy WebLinkAbout8925-8939r 7 r� C �C 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: /i/ J �S �V C7 1 1 �1 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. �f 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. C 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. �� 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 7 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 G I I �I u I m 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 It �i 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 I 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. 1 i i 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. 3 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. 4 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; e 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. 5 i 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 U 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. �4 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 10 G J 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: pi f o 0 �J u 1 fl 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 %��/ 0 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 I E 1 �I 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 I 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: M�/��. I , o. C? ! J 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 n-- ��� DD J N 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 i I 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: - / k rz 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 /t 01 R 8929 o �� � �,� � � �., �� 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 �7 -� �1\ _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 (-?')' (7) .0 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 ��-K �z ��� � � �f 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. 41 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. 42 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. 43 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. 45 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. 47 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 lb 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. It 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. 50 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.. 54 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). It Aj 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 i 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 It 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 i 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. 62 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. 63 lb 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 It 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 i 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. -12-