HomeMy WebLinkAbout9200-9224RESOLUTION NO. 9224 (2001 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2307
WHEREAS, the City Council made certain findings concerning vesting Tract 2307, as
prescribed in Resolution No. 8975 (1999 Series), and
WHEREAS, the subdivider has submitted bonds in the total amounts of $4,494,677.00
(Faithful Performance) and $2,247,338.50 (Labor & Materials) to guarantee installation of the
required subdivision improvements per approved plans and all fees have been received as
prescribed in the attached subdivision agreement, marked "Exhibit A", and
WHEREAS, the subdivider has submitted a Historic Property Preservation Agreement, to
preserve the historic DeVaul ranch house on Lot 59, and
WHEREAS, the subdivider has submitted a grant deed to the City for Lot 150 for public
park purposes, an "offsite" easement deed for public pedestrian, bike, utilities and emergency access
to Quail Drive, adjacent offsite right of way for widening of Los Osos Valley Rd. outside of the
subject tract, and has previously granted the required open space grant deed, and
WHEREAS, the subdivider provided for the 10 ft. -wide pedestrian access easement
within Lot 75 required by the project EIR (Mitigation Measure J4) with a superior public access
alternative, and
WHEREAS, all other conditions required per said Resolution No. 8975 (1999 Series) have
been satisfied or guaranteed.
NOW, THEREFORE, BE IT RESOLVED that the final map for Tract No. 2307 has
been found to be in substantial compliance with the vesting tentative map and final map approval
is hereby granted. The requirement for a 3.05 meter (10 feet) wide pedestrian access easement
through Lot 75, shown on the tentative map, is hereby deleted as a condition.
The Mayor is hereby authorized to execute the Subdivision Agreement, the Historic
Property Preservation Agreement and accept the above - referenced deeds on behalf of the City.
On motion of Council Member Schwartz, seconded by Vice Mayor Ewan and on the following roll
call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 4`" day of September 2001.
R 9224
Resolution No. 9224 (2001 Series)
Page 2
Lee Prig, City Clerk
APPROVED AS TO FORM:
i
f el- Jeffrey G. Jorgensen, City omey
or Allen K. Settle
B%HIBIT A
Resolution No. 9224 (2001 Series)
Exhibit A
SUBDIVISION AGREEMENT Page 1 of 7
THIS AGREEMENT is dated this Vo�' day of 6f44mbeC 2001 by and
between SLO Estates, Inc., herein referred to as "Subdivider," and the CITY OF SAN LUIS
OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property inthe.City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2307, City of San Luis Obispo,
California, as approved by the City Council on the +"4 day of _5eptembet- , 2001.
The Subdivider desires that.said Tract No. 2307 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a- condition of said regulations that the Subdivider agrees to install the
improvements as set forth on the plans therefore.
TERMS-AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
Resolution No. 9224 (2001 Series)
Exhibit A
5. ORNAMENTAL METAL ELECTROLIERS Page 2 of 7
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or require_ d by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion of said work is
delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall
have an additional period of time equivalent to such period of delay in which to complete
such work. Any extension of time hereunder shall not operate to release the surety on the
Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Resolution No. 9224 (2001 Series)
Exhibit A
Planning Commission and /or the City Council and has paid the necessary f ?sS of 7
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $4,494,677 that is the
amount of the estimated cost of said improvements. Subdivider agrees to remedy any
defects in the improvements arising from faulty workmanship or materials or defective
construction of said improvements occurring within twelve (12) months after acceptance
thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of
the State of California, upon final completion and acceptance of the work, City will release
all but 10% of the improvement security, that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans.and specifications, and any approved modifications thereto..
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
Resolution No. 9224 (2001 Series)
Exhibit A
If the Subdivider fails to complete the work within the prescribed, time 4 of 7
Subdivider agrees that City may; at its option; declare the instrument of credit, or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($2,247,338.50) in
accordance with State law.
Said Subdivider has paid an inspection fee of $ 277,058 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as part of said Subdivision Map; and all.
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligation"$_ of
the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators; successors and assigns of
the respective Parties to this agreement.
It is agreed that the. Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
j
IN WITNESS WHEREOF, this
CITY OF SAN LUIS OBISPO
e ot,,ri 92 4 00.1 Series)
agreement fa�s e�iied {Dyjghibit A
SUBDIVIDER
SLO Estates, Inc.
--
MAYOR Allen K. Se le Patrick N. S th, President
APPROVED AS TO FORM:
CITY ATT Je rev y G. Jorgensen
APPROVED AS TO CONTENT:
k / UBLIC RKS DIRECT R
7 °1' Michael D. McCluske
Y
Page 5 of 7
President and Chief Financial Officer
0
Resolution No. 9224 (2001 Series)
Exhibit A
EXHIBIT 1 Page 6 of 7
TRACT 2307
SUBDIIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $30,000 for
Monument Bond to cover the installation of survey monuments in accordance with the approved
map and payment for same. This guarantee will be released to the Subdivider upon receipt by
the City of a letter from the Engineer indicating that they have completed the work and have
been paid.
2. Park -in -lieu fees -are not required due to dedication and constructing ;a City park, as part of the
development.
3. Wastewater infrastructure fees have been paid, as listed in the - attached EXHIBIT 2. These fees
include the pro rata share of Laguna and Howard Johnson Lift Station, and Water reclamation
Facility Upgrade.
4. Water and sewer impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, per the fee schedule in effect_ at the time of the
Vesting Map.
5. Transportation impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, per the fee schedule in effect at the time of the
Vesting Map.
Transportation impact fee credits shall be given by the City (As shown in EXHIBIT 2) for
congestion management improvements (Madonna/LOVR Intersection & LOVR widening)
constructed by the Subdivider in excess of their pro -rata share for said improvements. The
amount of credit shall be based on submittal of a certified statement of costs on work elements,
to the approval by the City's Public Works Director. Credits shall be applied to offset the
Transportation Impact Fee at the time of building permits.
6. The Subdivider shall install parkway landscaping and. rear yard fencing per Ordinance No 1360
(1999 series) and the landscaping plan by Oasis Landscape Architects as shown on the
improvement plans.
7. The subdivider of this tract (2307- D6Vaul Ranch) shall be reimbursed by the subdivider of the
adjacent tract (Tract 2401 Margaret DeVaul) for a portion of the improvements constructed
along the Los Osos Valley Road frontage of said adjacent tract in with City
regulations (16.44.090 and 16.44.091).
8. The subdivider has agreed to design and install speed tables (Condition 7, Ordinance 1360, 1999
Series) in the subdivision at locations recommended by the City's Traffic Engineer. The City
will monitor the traffic conditions in the subdivision during the term of this Agreement and
make recommendations at the end of the monitoring period. If, after the monitoring period, the
speed tables are required the City will direct the subdivider to design and construct said speed
tables. The City will also withhold the release of a portion of the subdivision guarantee in an
amount sufficient for the design and construction said improvements. (The estimated cost for the
design and construction of the speed tables is $7,500)
9. The subdivider shall comply with all requirements of Ordinance No 1360 (1999 series) and
Council Resolution No 8975 (1999) approving the tentative map.
n
Resolution No. 9224 (2001 Series)
Exhibit A
EXHIBIT 2 Page 7 of 7
TRACT 2307 -FEE AND BOND LIST
'Paid $1,000 for construction inspection of import placement on 08/16/00 and $1,000 for construction inspection of the off site sewer
improvements on 03/07/01.
' Fee based on 147 Single Family and 122 Multifamily Homes per letter from Dan Gilmore, City of San Luis Obispo— Utilities Engineer dated
December 6, 2000.
'At rate in effect at the time of building permit application
'At rate in effect at the time of building permit application
'At rate in effect at the time of building permit application
`To be determined based on a percentage of actual construction costs for congestion management improvements at the LOVR/Madonna Road
intersection signal improvements (Approximately 65- percent of total cost).
Amount
Form of Surety
Date Received
Bonds and Guarantees:
Faithful Performance - Phase 1
$1,482,371.00
Bond No. 3SM 989 858 00
7/31/01
Phase 2
$3.012,306.00
Bond No. 3SM 989 859 00
7/31/01
Total
$4 494 677.00
Labor & Materials (50% of total
cost of improvements) - Phase 1
$741,185.50
Bond No. 3SM 989 858 00
7/31/01
Phase 2
$4506,153.00
Bond 'No..3SM 989 859 00
7/31/01
$2i247,338.50
Total
Monument Guarantee
$30,000
Bond No. 3SM 990 276 00
8/11/01
Rough Grading & Stockpile
$100,000
Letter of Credit
8/28/00
Released 8/20/01
Fees:
Map Check Fee
$12,321
Check
11/13/00
Plan Check Fee
Phase 1
$15,321
Check
3/31/00
Phase 2
$45,643
Check
5111100
Total
$60,964
Inspection Fee ($1,466+ 6.10/a of
Cost Estimate)
Offsitesewer
$1;000
Check
8/16/00
Rough Grading/Stockpile
$1,000
Check
3/7/01
Phase 1'
$89,885
Check
5/29/01
Phase 2
$185,173
Check
529/01
Total
$26'7 058
Wastewater Infrastructure Fee''
See below
N/A
Laguna Lift Station
$45,481
Water Rec Facility
$94,600 .
Total
$140,181
Total Wastewater Infrastructure
$91,907
(Total fee due with first single family home Building
Fee due with first Single family
Permit)
Home building permit
Total Wastewater Infrastructure
$48,174
(Total fee due with first multifamily unit or condo unit
Fee due with first Multi Family
Building Permit)
/Condo building permit
Water . Impact Fee _ _ _
Fee due with Building Permits
Sewer Impact Fee
a
(Due in coniunction with Building Permits)
Transportation Impact Fee
s
Due in conjunction with Building Permits
Transportation Impact Fee Credit
°
(Credit after subject improvements are complete, in
operation and accepted by City)
'Paid $1,000 for construction inspection of import placement on 08/16/00 and $1,000 for construction inspection of the off site sewer
improvements on 03/07/01.
' Fee based on 147 Single Family and 122 Multifamily Homes per letter from Dan Gilmore, City of San Luis Obispo— Utilities Engineer dated
December 6, 2000.
'At rate in effect at the time of building permit application
'At rate in effect at the time of building permit application
'At rate in effect at the time of building permit application
`To be determined based on a percentage of actual construction costs for congestion management improvements at the LOVR/Madonna Road
intersection signal improvements (Approximately 65- percent of total cost).
o
1
RESOLUTION NO. 9223 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE
SUBMITTAL OF TEN GRANT APPLICATIONS TO THE SAN LUIS OBIISPO COUNCIL OF
GOVERNMENTS ( SLOCOG) FOR THE USE OF REGIONAL TRANSPORTATION
IMPROVEMENT PROGRAM (RTIP) FUNDS
WHEREAS, in June 2001 the San Luis Obispo Council of Governments ( SLOCOG) notified
local agencies that $44.25 million Regional Transportation Improvement Program dollars would be
available to support eligible transportation projects proposed by local transportation agencies; and
WHEREAS, in August, SLOCOG revised its estimate of available funds to $32.56 million and
established a method for distributing this amount between five funding categories; and
WHEREAS, the City. Council has identified ten RTIP- eligible projects and has directed its CAO
to prepare and submit grant applications for these projects to SLOCOG for consideration; and
WHEREAS, it is the intent of the City that if funding is provided, the ten proposed projects will
be carried out consistent with the time frames for the RTIP grant program; and
WHEREAS, the City Council has found that the proposed projects will provide significant
benefits to both local and regional travel and enjoyment of the circulation system within the San Luis
Obispo area.
hereby:
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo
SECTION 1: Authorizes the CAO to submit ten grant applications to SLOCOG for the use of
Regional Transportation Improvement Program (RTIP) for the following:
PROJECTS
FUNDING
RTIP Funding by
Category
Other Funds
Phase I Santa Barbara Street Widening
$375,000 Regional Route
$80,000 Local Choice
Orcutt Road Widening @ the Union Pacific
Railroad
$600,000 Regional Route
$500,000 City Funds
$170,000 RSHA
Monterey Street Rehabilitation (California to U.S.
101
$330,000 Local Choice
Phase 11 Los Osos Valley Road Medians
$150,000 Trans.
Enhancements
Railroad Safety Trail Program (Santa Rosa to Marsh
Sts. )
$350,000 Trans.
Enhancements
Sinsheimer School Access Trail
$350,000 Trans.
Enhancements
SLO Transit Bus Rehabilitation
$318,600 ITS Transit
$41,400 Local TDA
Regional Transit Fare Pass Interface
$65 000 ITS Transit
$8,500 Local TDA
Santa Rosa Street Traffic Signal Improvements
$76,00 ITS
Broad Street Pedestrian Signal Improvements
$51,000 ITS
R 9223
Resolution No. 9223 (2001 Senes)
Page 2
SECTION 2: Agrees to provide the 11.5% Transportation Development Act (TDA) funding
match required for the transit project identified in Section 1.
SECTION 3: Authorizes the CAO to execute any requisite agreements with the San Luis Obispo
Council of Governments (SLOCOG) for approved grant- funded projects and take other actions
necessary to secure requisite RTIP funding.
SECTION 4: Approves the Project Study Report equivalent for the Santa Barbara Avenue
Widening project
Upon motion of Vice Mayor Ewan, seconded by Mayor Settle, and on the following roll call vote
AYES: Council Members Mulholland, Schwartz, Vice Mayor Ewan and Mayor Settle
NOES: None
ABSENT: Council Member Marx
The foregoing resolution was adopted this 21st day of August 2001.
v
Mayor Allen K. Settle
ATTEST:
6116'City Clerk
APPROVED AS TO FORM:
City Attorney Jeffrey Jorgensen
R 9223
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RESOLUTION NO. 9222 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LAND USE ELEMENT MAP OF THE GENERAL PLAN
FROM SERVICE COMMERCIAL TO NEIGHBORHOOD COMMERCIAL
FOR PROPERTY AT 3975 SOUTH HIGUERA (FOOD 4 LESS SHOPPING CENTER)
GP/R/ER 35-01
WHEREAS, the Planning Commission conducted a public hearing on June 13, 2001 and
recommended approval of the proposed map amendment to the General Plan Land Use Element;
and
WHEREAS, the City Council conducted a public hearing on August 21, 2001 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the proposed map amendment is consistent with
other policies of the General Plan; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration (ER 35 -01) adequately addresses the potential significant environmental impacts of
the proposed project, and reflects the independent judgment of the City Council. The Council
hereby adopts said Negative Declaration and incorporates the following mitigation measures into
the project:
1. Uses established on the project site as well as physical site development shall be
consistent with the Airport Land Use Plan to the satisfaction of the Airport Land Use
Commission.
2. Site development approved after rezoning the property shall include, as part of the
project description, installation of a transit shelter at the S. Higuera Street turnout near the
Suburban Road, with the design to the approval of the Transit Manager.
3. Sidewalks shall be provided on both sides of the S. Higuera entrance driveway to the
rezoning site to provide connections to Building Pads B and C.
4. Build out of the center shall include pedestrian amenities (walkways, seating,
landscaping, etc.) in the areas highlighted on the attached Exhibit B to the satisfaction of the
Community Development Director.
5. Build out of the center shall comply with applicable mitigation measures adopted in
R 9222
Resolution No.
GP/R/ ER 35 -01
Page 2
1
9222 (2001 Series)
/V
conjunction with subdivision of the project site and with architectural approval of the main
buildings in the center (City file #'s ER 54 -93 and ER 74 -95).
SECTION 2. The Land Use Element map is amended as shown on Exhibit A, attached.
SECTION 3. The Community Development Director shall cause the amendment to be
reflected in documents which are on display in City Hall and which are available for public use.
SECTION 4. This amendment shall take effect at the expiration of 30 days following
approval.
vote:
On motion of Vice Mayor Ewan, seconded by Mayor Settle, and on the following roll call
AYES: Council Member Mulholland,
NOES: Council Member Schwartz
ABSENT: Council Member Marx
Vice Mayor Ewan and Mayor Settle
The foregoing resolution was passed and adopted this 21 st day of August, 2001.
Mayor Allen Settle
ATTEST:
City lerk ee Price
APPROVED AS TO FORM:
City Atto of Jorgensen
pr
/ L� O
ryt
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RESOLUTION NO. 9221 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO SIGN AS AGENT
FOR THE CITY TO ADOPT ANNUAL DISADVANTAGED BUSINESS
ENTERPRISE (DBE) GOALS AND SIGN THE ANNUAL PROGRAM.
WHEREAS, the City of San Luis Obispo uses money from the Federal Department of
Transportation; and
WHEREAS, use of such funds requires the adoption and implementation of a
Disadvantaged Business Enterprise Program and program goals; and
WHEREAS, the Program requires the revision of goals every year based on the project
work expected to be completed; and
WHEREAS, the revision to the annual goals is done by a standard method, and approved by
the State agent for the Federal Department of Transportation,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo, authorizes the City of San Luis Obispo, City Administrative Officer to approve the annual
goals and sign the annual program to allow the City to continue to receive Federal Department of
Transportation Funds.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Mulholland, Schwartz, Vice Mayor Ewan and Mayor
Settle
NOES: None
ABSENT: Council Member Marx
The foregoing resolution was adopted this 215` day of August 2001. /
Mayor Allen Settle
TTEST:
..Jee Price, y Clerk
VED AS TO
ffreyZl Jorge en, City Attorney
R 9221
�06���
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RESOLUTION NO. 9220 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING
AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION,
THEREBY UPHOLDING APPROVAL OF A 35 -FOOT TALL BUILDING HEIGHT AT
956 WALNUT STREET (ARC 168 -00)
WHEREAS, on May 21 and June 4, 2001, the Architectural Review Commission (ARC)
conducted public hearings and, based on the documentation and public testimony presented,
granted final approval with conditions to the design of a new office building at 956 Walnut Street
with a maximum height of 35 feet; and
WHEREAS, Rob Strong, filed an appeal of the ARC's action on behalf of Mr. John
Atiya, on June 15, 2001; and
WHEREAS, the City Council conducted public hearing on July 17, 2001, and has
considered testimony of the appellant, interested parties, the records of the ARC hearings and
action, and the evaluation and.recommendation of staff, and
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 ARC's
recommendations, the appellants' statement, staff recommendations and reports thereof, makes
the following findings:
As conditioned, the project design is appropriate in the Office zone and will be
compatible with surrounding development.
2. A maximum height of 35 feet is reasonably necessary to accommodate adequate
on -site parking and allow the building to be located toward the front of the lot,
rather than having a parking lot up front with a building at the rear of the lot. The
added height is also consistent with General Plan goals for. infill development and
compact urban form.
As proposed and conditioned, the location, orientation, height, and mass of the
new structure will not significantly affect privacy in nearby residential areas.
4. As proposed and conditioned, the project includes landscaping and yards that
adequately separate parking and pedestrian circulation areas from sites in the
nearby residential areas.
As proposed and conditioned, the project will not diminish the quality of views
toward the site from Highway 101.
SECTION 2. AWeal Denied. The appeal of the Architectural Review Commission's
action to approve a 35 -foot maximum building height where 25 feet is otherwise the maximum
height allowed is hereby denied, thereby upholding the action taken by the Architectural Review
Commission, with a modification to Condition 1L to require substantial landscaping in
R 9220
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Resolution No 9220 (2001 Series)
Page 2
consultation with the City Arborist to effectively screen the structure from the freeway, on
project number ARC 168 -00 at 956 Walnut Street.
On motion of Council Member Marx, seconded by Vice Mayor Ewan and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Schwartz
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3rd day of August 2001.
ATTEST:
Lee Price ity Cf6rk
APPROVED AS TO FORM:
loop- 4
0,00 01
C.
RESOLUTION NO. 9219 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ATTORNEY
WHEREAS, by Resolution No. 6689 (1989 Series), the City Council appointed
Jeffrey Jorgensen as City Attorney; and
WHEREAS, by Resolution No. 8922 (1999 Series), the City Council established
compensation for City Attorney Jeffrey Jorgensen; and
WHEREAS, the City Council conducted a performance evaluation in accordance
with the Appointed Officials Performance Process as modified in August of 1999;
NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective April 12, 2001, the City Attorney's salary shall increase to
$10,556 per month.
SECTION 2. The annual administrative leave of 80 hours will continue to be
converted to a pay -only provision to be included in salary.
SECTION 3. All other compensation and benefits afforded the City Attorney
under the Management Pay for Performance System Resolution No. 8412 (1995 Series),
Resolution No. 8756 (1998 Series), Resolution No. 9017 (2000 Series), and the City
Attorney Employment Agreement (Resolution No. 6689 1989 Series) not superseded by
the above, shall remain in full force and effect.
SECTION 4. The City Council shall evaluate the performance of the City
Attorney annually.
On motion of Vice Mayor Ewan, seconded by Council Member Mulholland and on
the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 3'd day of August 2001.
R 9219
Resolution No. 9219 (2 001 Series)
Page 2
ATTEST:
Lee kriceXity Cl
APPROVED AS TO FORM:
F�b- I � A
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RESOLUTION NO. 9218 (2001 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, by Resolution No. 9037 (2000 Series), the City Council appointed
Ken Hampian as City Administrative Officer; and
WHEREAS, by Resolution No. 9037 (2000 Series), the City Council established
compensation for City Administrative Officer Ken Hampian; and
WHEREAS, the City Council conducted a performance evaluation in accordance
with the Appointed Officials Performance Process as modified in August of 1999;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Effective August 2, 2001, the City Administrative Officer's salary
shall increase to $10,364 per month.
SECTION 2. The salary shall be adjusted by 7% to acknowledge the City
Administrative Officer's contribution to PERS, which he makes through payroll
deduction in accordance with Resolution 8661 (1997 Series) effective January 1, 2001.
SECTION 3. All other compensation and benefits afforded the City
Administrative Officer under the Management Pay for Performance System, Resolution
No. 8412 (1995 Series), Resolution No. 8756 (1998 Series), Resolution No. 9017 (2000
Series), and the City Administrative Officer Employment Agreement (Resolution No.
6198 - 1987 Series), not superseded by the above, shall remain in full force and effect.
SECTION 4. The City Council shall evaluate the performance of the City
Administrative Officer annually.
On motion of Vice Mayor Ewan, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan .
and Mayor Settle
NOES: None
ABSENT: None
R9218
1 V
Resolution No. 9218 (2v'J1 Series)
Page 2
The foregoing Resolution was passed and adopted this 3`d day of August 2001.
ATTEST:
ell Lee Price, ity Cl rk
APPROVED AS TO FORM:
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0
RESOLUTION NO. 9217 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING ADNIINISTRATIVE USE PERNUT APPLICATION FEES FOR
SPECIAL EVENTS SPONSORED BY NON - PROFIT ORGANIZATIONS
WHEREAS, an Administrative Use Permit is required for temporary uses such as
parades, carnivals, fairs, festivals, musical events and non -profit benefits (hereinafter
referred to as "Special Events') sponsored by non -profit organizations and held on private
property; and
WHEREAS, the review process for Special Events in these cases is similar to that
for Special Events held on City property or in the right -of -way.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Administrative Use Permit application fee for Special Events sponsored by
non -profit organizations (as defined under Section 501c(3) of the Internal Revenue Code) is
hereby set at the same amount as Special Event Permit application fees.
Upon motion of Vice Mayor Ewan, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this id Aar of A„v„cr ?nni
ATTEST:
Lee trice' Pty Cl c
U
APPROVED AS TO. FORM:
i Attorney
R 9217
I I
RESOLUTION NO. 9216 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A RECRUITMENT AND HIRING INCENTIVE PROGRAM
WHEREAS, recruiting and hiring highly qualified employees is essential to maintaining
a productive and quality workforce; and
WHEREAS, traditional methods of recruitment are not proving effective in the current
economic environment; and
WHEREAS, cities in California are developing new and innovative approaches to
attracting qualified candidates that include incentives to assist with relocation expenses; and
WHEREAS, increases in the cost of housing throughout California and particularly in
coastal communities has outpaced the increase in wages; and
WHEREAS, housing costs are creating a barrier to those who might otherwise be willing
to relocate to San Luis Obispo to take a new job;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:.
SECTION 1. The City shall establish a Recruitment and Hiring Incentive Program.
SECTION 2. The Program shall include a mortgage assistance component that will
enable the City to offer home mortgages to new management and Department head employees.
The details of the mortgage assistance program will be developed by City staff and approved by
the City Council.
SECTION 3. Other program components shall include incentives not to exceed $10,000
for new management employees and $15,000 for new Department Head employees to assist with
relocation expenses such as temporary housing and moving costs. The City Administrative
Officer shall approve the use of these incentives on a case -by -case basis, uniquely tailored to the
needs of the individual employee at the time of hire.
SECTION 4. City employees shall be eligible for a referral fee of $500 if they refer an
applicant for a regular City position who is ultimately hired.
Upon motion of Vice Mayor Ewan, seconded by Council Member Marx, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle.
NOES: None
ABSENT: None
R9216
Resolution No. 9216 (2001 Series)
Page 2
_ The foregoing resolution was adopted this 17`x' day of July 2001.
Mayor Allen
QT,TES
:Lee Price, .Ci 'Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9215 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE FILING OF THE 2000-01 FEDERAL CAPITAL AND
OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL
TRANSIT ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
Federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City
San Luis Obispo and may require the City of San Luis Obispo to provide the local share of
project costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications
and assurances to the Federal Transit Administration required for the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
SECTION 1. The City of San Luis Obispo is the designated recipient as defined by 49
U.S.C. 5307 (ax2).
SECTION 2. The Public Works Director is authorized to execute and file an
application for Federal assistance on behalf of the City of San Luis Obispo with the Federal
Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23,
United States Code and other Federal statutes authorizing a project administered by the
Federal Transit Administration.
SECTION 3. The Public Works Director is authorized to execute and file with the
application the annual certifications, assurances, and other documents the Federal Transit
Administration requires before awarding a Federal assistance grant.
SECTION 4. The Public Works Director is authorized to execute grant agreements
with the Federal Transit Administration on behalf of the City of San Luis Obispo.
Upon motion of Council Member Marx, seconded by Council Member Schwartz, and
on the following roll call vote:
AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
R 921.5
Resolution No. 9215,,-JO I Series)
Page 2 of 2
The foregoing resolution was adopted this 17'h day of July 2001.
Mayor Allen Settle
ATTEST:
Lze Pn City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9214 (2001 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 INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, LOCAL 3523, FOR THE PERIOD OF
JULY 19 2001— DECEMBER 31, 2005
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the International Association of Firefighters, Local 3523, on file in the Office of the City Clerk
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: Jeff Zimmerman, International
Association of Firefighters, Local 3523 and Wendy George, Assistant City Administrative
Officer.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES:
NOES:
ABSENT:
Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
None
None
The foregoing resolution was adopted this 17th day of Ju
A'
M
Lee Price`, City Clerk
R 9214
Resolution No. 9214 (2Gu Series)
Page 2 of 2
APPROVED AS TO FORM:
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Article No.
Title
Page No.
1
Parties to Agreement
1
2
Recognition
2
3
Dues Deduction
3
4
Employee Rights
4
5
Management Rights.
5
6
Representative Role .
6
7
Communication Process
7
8
Promotional Opportunities .
8
9
Utilization of City Facilities
9
10
Grievance Procedure .
10
11
Salary
12
12
Pay Incentives .
14
13
Overtime
15
14
Emergency Call Back.
16
15
Work Out of Grade
17
16
Standby
18
17
Educational Incentive
19
18
Uniform Allowance
21
19
Insurance
22
20
Vacation Leave
24
21
Leave Of Absence
26
22
Holidays
27
23
Bereavement Leave.
29
24
Sick Leave
30
25
Family Leave.
31
26
Workers' Compensation Leave
33
27
Light Duty
34
28
Safety
36
29
Retirement
37
30
Hours .
39
Article No.
Title
Page No.
31
Health/Fitness
40
32
Salary Survey Cities
41
33
Layoffs
42
34
Work Actions.
46
35
Entry Level Firefighters
47
36
Department Assessment
48
37
General Order Modifications
49
38
Residency Requirements
50
39
Staffing
51
40
Seniority Bidding for Station Assignment
52
41
Reopeners
55
42
Full Agreement
56
43
Savings Clause
57
44
Renegotiations
58
45
Authorized Agents
59
46
Term of Agreement .
60
Appendix "A" - Classification
61
Appendix'B" - Work Schedule Illustration
62
Appendix "C" - Employee Responsibilities
& Benefits - Sick Leave . 63
Appendix "D" - Salary Range Listing 66
ARTICLE I
PARTIES TO AGREEMENT
This Agreement is made and entered into this July 17, 2001 by and between the City of San Luis
Obispo, hereinafter referred to as the City, and the International Association of Firefighters,
Local 3523, hereinafter referred to as Union.
Nothing in this Agreement between the parties shall invalidate nor be substituted for any
provision in City Charter Section 1107, unless so stipulated to by provision(s) contained herein
and agreed to.
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989 Series),
the City hereby recognizes the International Association of Firefighters, Local 3523 as the
bargaining representative for purposes of representing regular and probationary employees,
occupying the position classifications set forth in Appendix A, in the Fire Unit with respect to
their compensation, hours and other terms and conditions of employment for the duration of this
Agreement.
PA
ARTICLE 3
The City shall deduct dues from City employees and remit said dues to the Union on a monthly
basis for the duration of this Agreement, which dues shall not include assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance
Officer and a notification of all dues transactions shall be sent monthly to the Union President.
The Union shall hold the City harmless from any and all claims, and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon presentation of
supporting evidence.
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.
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology for
performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union by
Government Code Section 3500, et seq. and/or City Charter Section 1107.
ARTICLE 6
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select not
more than three employee members of such organization and one employee observer to meet and
confer with the Municipal Employee Relations Officer and other management officials (after
written certification of such selection is provided by an authorized official of the organization)
on subjects within the scope of representation during regular duty or work hours without loss of
compensation or other benefits. The employee organization shall, whenever practicable, submit
the name(s) of each employee representative to the Municipal Employee Relations Officer at
least two working days in advance of such meeting.
Provided further that no employee representative shall leave his or her duty or work station or
assignment without specific approval of the department head or other authorized City
management official. If employee representatives cannot be released for good reason, the date of
meeting will be rescheduled to a mutually acceptable day.
ARTICLE 7
COMMUNICATION PROCESS
Pursuant to City Resolution 6287 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other subjects
of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed,
actions to be taken, the party responsible for any action and the expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Administrative Officer (or designee),
department head (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 department head at
a scheduled monthly meeting.
ARTICLE 8
PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing and
scoring processes that will be followed. Once defined, testing and scoring processes will not be
modified.
There will be no banding on promotional exams and, if a candidate is by-passed during the
selection process, that person will be given a written reason by the Fire Chief as to why s/he was
by-passed. The City agrees to an opener to discuss the promotional process if the Fire Chief
goes below the top three (3) candidates in making his selection on promotional exams two (2) or
more times during the term of this contract.
ARTICLE 9
UTILIZATION OF CITY FACILITIES
1. San Luis Obispo Firefighter's Association shall be allowed to use Fire Department
facilities for official Union activities. The Union will notify the Chief or his/her
representative of any upcoming meetings. The Union will follow any sign-up procedures
for room availability the Department has in place. Scheduling of the facilities usage
would be conducted so as not to conflict or interfere with normal operation of
departmental business. In lieu of any conflicts in availability or a denial by the Chief, it
will be presumed that the Union will have the OK of the Chief to use the facility.
Activities would include, but would not be limited to: General Membership meetings,
Board of Directors meetings, Negotiation Team meetings, and various special committee
meetings.
2. Facilities would include, but would not be limited to: conference room, training room,
and second floor common areas.
3. The Union understands that e-mail sent over the City network is public record. With this
acknowledgement, the City gives the Union the right to use the computers and the e-mail
system. This right may be revoked at any time or for any reason. This revocation must
be done in writing and must be delivered in person to a San Luis Obispo Firefighter's
Association Board member.
ARTICLE 10
GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the Employer -
Employee Resolution, the Personnel Rules and Regulations, any memorandum of
agreement with an employee association or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding
disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be 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 grievance and be represented.
C. Each Grievance shall be handled in the following manner:
The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. If the matter
can be resolved at that level to the satisfaction of the employee, the grievance
shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in writing
to the department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations or agreement said to be violated,
and the proposed remedy. This action must take place within fifteen business days
of the occurrence of the grievance. The department head shall promptly consider
the grievance and render a decision in writing within fifteen business days of
receiving the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee may
immediately submit the grievance in writing to the human resources director within five
business days of receiving the department head's decision. The Human Resources
Director shall confer with the employee and the department head and any other interested
parties, and shall conduct such other investigations as may be advisable.
E. The results or findings of such conferences and investigations shall be submitted to the
City Administrative Officer in writing within fifteen business days of receiving the
employee's written request. The City Administrative Officer will meet with the
employee if the employee so desires before rendering a decision with respect to the
complaint. The City Administrative Officer's decision shall be in writing and given to the
employee within fifteen business days of receiving the Human Resources Director's
results and findings. Such decision shall be final unless the employee desires a review of
the decision.
10
F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local 3523)
a. The employee will have five business days following receipt of the City
Administrative Officer's decision to submit a written request to the Human
Resources Director for review of the decision. The Human Resources
Director will obtain a list of five potential hearing officers from the State
Mediation and Conciliation Service. Then following a random
determination of which party (city or appellant) begins, parties shall
alternately strike one name from the list until only one remains.
b. Within 30 business days, the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing
officer shall render a decision which shall be final.
C. 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.
d. Any fees or expenses of the hearing officer shall be payable one-half by
the city and one-half by the Union. All other expenses shall be borne by
the parry incurring the expense.
r
e
11
ARTICLE 11
SALARY
Section A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in the
current Salary Resolution with the following modification: The Fire Chief shall be authorized to
reevaluate employees who reach the top step in their pay range. An employee who is not
performing up to standard for the top step shall be notified in writing that the department head
intends to reduce him/her one step unless his/her 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 department head. If the Fire Chief deems it necessary to
again remove the top step during the same fiscal year, he/she may make the change at any time
with three business days written notice.
For the position of Firefighter, the- salary range consists of six steps (1 through 6). Steps 2
through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step 1 equals
90% of step 2.
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5). Steps 1
through 4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board percent salary increase shall raise the top step of the range by that percent.
The highest step of each successive salary range shall be 2.63% above the highest step of the
next lower range. After all highest steps of salary ranges have been established, each highest
step shall be rounded off to the nearest dollar and the remaining steps established in accordance
with the above formula. Employees who are eligible for advancement to the top two steps must
receive at least a "competent" rating on their most recent performance evaluation prior to or
coincident with their being eligible for advancement by time in grade. Competent is defined as
"Performance meets standards of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the timing
for progression being one-year for each step. Note Article 35 for the details for the transition to
12
the 6-step schedule for entry-level firefighters.
Section B. Salary Provisions for Term of Agreement
Effective the first full pay period in the following months, the following salary increases shall be
implemented:
July, 2001
5.0%
July, 2002
3.0%
January, 2003
2.0%
July, 2003
3.0%
January, 2004
2.0%
July, 2004
3.0%
January, 2005
2.0%
Section C. "Y" Ratine
An employee who is not performing up to established job standards may be "Y" rated, freezing
his salary until such time as there is an improved job performance. The department head shall
give 60 days written notice to any employee he intends to "Y" rate, giving the employee an
opportunity to correct any deficiencies. A "Y" rating procedure shall not result (then or later) in
the employee being frozen below the next lower step of the new range.
Section D. PavdaX
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.
Section E. Pavchecks Prior to Vacation
Due to the availability of electronic direct deposit of paychecks, effective January 1, 2002 the
practice of issuing pay checks prior to vacation shall be discontinued.
13
ARTICLE 12
PAY INCENTIVES
Section A. Paramedic Incentive
The City shall pay four hundred. dollars ($400.00) per month pay incentive to those firefighters
or other approved fire personnel assigned to EMT Paramedic duties by the Fire Chief. Effective
July 2002 the Paramedic incentive shall be increased to four hundred and twenty dollars
($420.00) per month. Effective July 2003; the Paramedic incentive shall be converted to nine
percent (9%) of top step Firefighter base salary.
Paramedics required to recertify shall be granted four (4) hours training time per month for six
(6) months prior to the recertification. Such hours shall be scheduled by the Department during
the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining the starting
salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of their
probationary period. After that point in their probationary period, they may be allowed to do so,
but only after a consultation with the Training Chief, a Union Officer, and the Paramedic
Coordinator.
Section B. Station I Captain Incentive
Fire Captains regularly assigned to Station I shall receive a one hundred twenty-five dollars
($125.00) per month pay incentive, to compensate for the additional Station 1 workload.
Mandatory assignments to Station I for Captains shall not exceed two consecutive years.
Section C. Bilin ug al Pay
Employees certified as bilingual in Spanish through the testing process shall receive a bilingual
payment of $35 per pay period. Additional languages may be approved by the City based upon
demonstrated need.
Section D. Hazardous Materials Pay
Employees certified as Hazardous Materials Specialists and assigned to the Haz Mat Team by
the Fire Chief shall receive incentive pay equal to three percent (3%)% of the top step Firefighter
base salary. The Department will support a 6 person Hazmat Team (2 per shift).
14
ARTICLE 13
OVERTIME
1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receive
overtime pay at time -and -one-half computed at their base salary for those hours worked
in excess of regularly scheduled shifts.
2. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are assigned
to work (one hundred ninety-two (192) hours in a twenty-four (24) day pay cycle.
Employees in these classifications who work more than one hundred eighty-two (182)
hours during a pay cycle, shall be paid time and one-half (1 1/2) for all hours worked in
excess of one hundred eighty-two (182) hours worked in the twenty-four day pay cycle.
Paid time off shall be counted as time worked when calculating this overtime pay.
3. All other personnel shall receive overtime pay at time -and -one-half computed at their
base salary for all hours worked in excess of forty (40) hours per week including holiday,
sick leave and vacation unless they elect to take compensating time off at straight time.
4. All overtime shall be authorized in writing by the Fire Chief prior to being compensated.
5. All overtime shall be paid to the nearest quarter hour worked where no minimum is
authorized.
15
ARTICLE 14
EMERGENCY CALL BACK
1. Shift personnel who are unexpectedly called back to work after completing their shift and
having left the worksite shall be paid a 4-hour minimum guarantee at time and one half.
2. The Fire Vehicle Mechanic shall receive a minimum of 4 hours for emergency call back
or time and one-half for hours actually worked, whichever is larger.
3. Employees who are called back as defined above shall receive the minimum provided by
this article or pay for the work performed, whichever is larger.
16
ARTICLE 15
r
WORK OUT OF GRADE
Employees temporarily assigned to work in a higher classification will receive one step
additional pay but in no case more than the top step for the higher classification under the
following conditions:
1. The assignment exceeds eight (8) consecutive work days, or four (4) consecutive shifts
for all shift employees; in which case the step increase becomes effective on the ninth
(9`h) work day or in the fifth (5`h) shift
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
Employees not eligible for the step increase (under 10 days) shall receive credit for
compensating time off (CTO) on the following basis:
Hours Worked CTO Earned
0-5 hours 59 minutes 0 hours
6-11 hours 59 minutes 1 hour
12-24 2 hours
:
r
Each calendar quarter, employees may elect to receive payment for accrued CTO at straight time.
CTO earned before January 1, 1990 is not eligible for payment.
17
ARTICLE 16
Employees below the rank of Fire Marshal/Battalion Chief on standby shall be compensated one
hour's pay for each eight (8) hour incident with a minimum of two (2) hours straight time pay for
each assigned standby period.
18
ARTICLE 17
EDUCATIONAL INCENTIVE
The City agrees to establish an educational incentive pay plan. The educational incentive pay
will be paid pursuant to one of the two plans outlined below:
PLAN A
Definition of Eligibility
A. All Employees currently receiving educational incentive pay as of 6/30/81.
B. All employees in the unit meeting the following requirements:
(1) Have been employed by the department for at least one year as of 9/30/81.
(2) Have completed by June 30, 1981 at least 30 semester units toward an
approved degree including having successfully completed a minimum of
six semester units within the last 18 months.
(3) Successfully completed at least six semester units per year until degree is
complete; and
(4) Must receive degree by December 31, 1983.
2. Basic Benefits.
Educational incentive pay shall not start for 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 will consist of $50 per month for possession of an A.A., or
equivalent degree from an accredited community or junior college; and one hundred
dollars per month for a B.A. or equivalent degree from an accredited four year college or
university. Total incentive pay shall in no case exceed one hundred dollars per month.
3. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30 semester
units leading toward the appropriate degree with a grade of "C" or better must be
included.
4. Application and Approval.
Application for the incentive pay shall be made by the employee to the department head
at least 30 days before the date the payment of the incentive pay is to be effective.
Approval of the department head and the human resources Director shall be required.
19
5. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established
standards set for the job, the department head with the concurrence of the City
Administrative Officer, may suspend payment of the incentive pay until such time as the
employee's work performance comes up to the standard level, in the opinion of the
department head and concurred in by the City Administrative Officer.
6. Non -Applicability.
It is the City's intention not to pay the educational incentive for any degree which is
required for the position held by the employee. Educational incentives shall not be paid
for education received on City time. The education incentive shall be removed if the
employee is promoted to a position which does not entitle employee to such incentive.
Definition of Eligibility.
A. All current employees not eligible for Plan A.
B. All employees hired on or subsequent to June 30, 1981.
2. Eligibility.
A. Employees eligible for Plan B must be employed by the City of San Luis Obispo
for one year before any payment will be made.
B. Must successfully complete within a 12-month period, commencing on or after
July 1, 1980, 6 semester units, or 9 quarter units, in college level course work in
fire science courses or classes approved by the Fire Chief. Provided such courses
shall be completed at the employee's own expense and during off -duty hours.
3. Incentive Pay.
The educational incentive pay shall be $50.00 per month for a period of 12 months.
4. Tuition and Books.
If an employee holds a position which does not qualify him for incentive pay, the
employee will be eligible to receive payment for 50% of tuition and books for approved
job -related courses upon satisfactory completion of same with a grade of "C" or better.
RE
ARTICLE 18
UNIFORM ALLOWANCE
A. Each sworn employee shall be required to wear an approved uniform to promote the
department's public image, except for the positions designated by the Fire Chief as only
requiring occasional usage. Such positions shall receive one-half of the regular
allowance. Each employee shall receive an annual allowance of $750 paid semi-annually
to be spent on the purchase and maintenance of department -approved uniforms. Said
allowance shall be paid directly to each eligible employee on the first full pay period of
July and of January. The Fire Chief or his/her designated representative shall conduct an
inspection at least once a year to ensure that each employee has the minimum number of
uniforms and that all uniforms meet department standards regarding safety and
appearance. Employees whose uniforms do not meet standards may be subject to
disciplinary action.
B. A uniform allowance cash advance of one (1) year will be given to new employees for
purchase of their uniforms. If the employee severs employment with the City or is
terminated within one (1) year, the cash advance shall be deducted from the employee's
last paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The Fire
Chief shall establish and maintain a set of standards for the maintenance, care and
wearing of employee uniforms. Such standards shall be on file in the Fire Chiefs office,
in each fire station, and in the human resources Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes, including
appropriate athletic footwear. Appropriate health/fitness clothing will be determined
through agreement between the Union and the Department.
E. Damaged Uniform Reimbursement
The City shall reimburse the cost in excess of ten ($10.00) dollars, for repairing or
replacing Department approved uniforms which are damaged within the course of
employment. No reimbursement shall be made if the damage was due to
negligence on the part of the employee. At the time of damage, the employee will
submit a report documenting where and how the uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged items.
Replacement amounts shall be prorated. The Department will establish
administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in required
uniform items during the term of this agreement.
21
ARTICLE 19
II�f.Y4:7:\�fil�
A. Contribution
The City shall contribute $460.00 per month for Cafeteria plan benefits for each regular,
full-time employee covered by this agreement. Less than full-time employees shall
receive a prorated share of the City's contribution.
Effective January 2002 the City's contribution shall be increased to $490.00 per month.
Effective in January 2003, 2004 and 2005 the City's contribution shall be changed by an
amount equal to the average increase change for family coverage in the HMOs available
in San Luis Obispo County. Should fewer than three HMOs be available in the County;
the City and Union agree to meet and confer on a modification to the formula for the
contribution adjustment in January 2003-2005.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program with the "unequal
contribution option" at the minimum contribution rate, currently $16.00 per month for
active employees and $1.00 per month for retirees. The City's contribution toward
retirees shall be increased by five (51/6) percent per year of the City's contribution for the
active employees until such time as the contributions for employees and retirees are
equal. The City's contribution will come out of that amount the City currently contributes j
to employees as part of the Cafeteria Plan provided to employees in their various MOA's.
The cost of the City's participation in PERS will not require the City to expend additional
funds toward health insurance beyond what is already provided for in the various
bargaining agreements. In summary, this cost and any increases will be borne by the
employees.
C. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to participate in
the PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision 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
Employees' 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.
22
D. 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.
E. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical plans,
including those offered by PERS.
23
ARTICLE 20
VACATION LEAVE
1. Each incumbent of a 40-hour a week line -item position shall accrue vacation leave with
pay at the rate of 12 days per year of continuous service since the benefit date for the first
five years; 15 days per year upon completion of five years; 18 days per year upon
completion of ten years; and 20 days per year upon completion of twenty years.
Employees scheduled for more that 40 hours per week shall receive the equivalent
number of vacation days prorated to the number of regularly scheduled work hours
(respectively, 134.4 hours per year for the first five years; 168 hours per year upon
completion of five years, 201.6 hours per year upon completion of ten years and 224.6
hours per year upon completion of twenty years).
2. An incumbent is not eligible to use accrued vacation leave until after the completion of
the sixth calendar month of service since the benefit date.
3. An employee who leaves the City service shall receive payment for any unused vacation
leave.
4. Department Heads shall be responsible for arranging a vacation schedule, first with the
needs of the City as the determining factor and, second, insofar as possible, with the
wishes of the employee.
5. There will be no accrual of vacation leave to non -shift employees in excess of two times
(2x) their annual accrual. Maximum accrual of vacation leave for shift employees is
twice the annual rate except as noted in Section 6, Paragraph E.
6. VACATION USE:
A. Vacation shall be selected by seniority based on shift assignment for shift
employees and by seniority for non shift employees. The employee with the most
seniority shall select first, with the following choices made in descending order of
seniority.
B. First choice vacation shall be made during November/December each year. The
first choice shall be a minimum of four (4) shifts off within one (1) cycle.
C. First choice vacation selected for the months of May through October must be
taken in blocks of four (4) shifts off within one (1) work cycle.
D. The maximum first choice vacation that may be selected for the months of May
through October is eight (8) shifts off taken within two (2) work cycles.
E. Should an employee be in danger of losing vacation accrual due to reaching the
twice annual vacation cap, for reasons other than those found in Section 6 (I) and
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(J), the Fire Chief will review the circumstances which have prevented the
employee from taking vacation and will determine whether or not the employee
should be allowed to accrue beyond the cap or should be authorized to exercise
his/her one-time annual opportunity for vacation payout under Section 6 (M) of
this article.
Particular consideration will be given to those circumstances where vacation use
is denied because of reduced staffing levels.
F. Employees have the right to have one (1) employee off on vacation per shift.
G. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O.204.01).
H. Time off by Battalion Chiefs is not included in the determination of the number of
employees on vacation per F above.
I. If an employee's first choice vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above twice the annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed
vacation.
J. If an employee must cancel vacation for good reason, as defined by management,
the vacation above twice the annual rate shall be paid as accrued.
K. Employees may cancel scheduled vacation for any reason with a minimum of 15
days advance written notice to the Fire Chief or his/her designated representative.
Maximum vacation accruals will not be waived for vacation canceled pursuant to
this section.
L. Canceled first choice vacations will continue to be available for reselection by
other employees.
M. All employees in this unit are eligible, once annually in December, to request
payment for up to seventy-two (72) hours of unused vacation leave provided that
an employee's attendance practices are satisfactory.
25
ARTICLE 21
LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head. When
possible, such leave requests shall be in writing and approved in advance. All other leave of
absence requests shall be handled in accordance with Section 2708.9 of the Personnel Rules and
Regulations.
26
ARTICLE 22
HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Thud Monday in January - Martin Luther King Day
Thud Monday in February - President's Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating (8 hour) Holidays (non -shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24-hour shift duty shall earn 6.07 hours of holiday leave semi-
`--' monthly, in lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of their
earned holiday leave (2.6 hours) each bi-monthly payroll period.
The remainder of the employee's annual holiday leave (78 hours) shall be advanced to the
employee effective the first payroll period in January of each year. Such holiday leave
may be taken off by the employee as provided in the current departmental Operations
Manual (G.O. 204.03). For calendar year 2000 only, employees shall receive thirty-nine
(39) hours of holiday leave credited the first payroll period in July. This partial crediting
is to allow the transition from a fiscal to a calendar year holiday system.
Each calendar quarter, an employee has the option of receiving payment for one-fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 78 hours. Any holiday leave
remaining as of the last payroll period in December of each year (excluding December,
2000) will be paid to the employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
27
C. Floating (8 hour) holidays for non -shift employees shall be accrued on a monthly basis
and added to the vacation accrual. Use, carry-over, accumulation, etc., of such vacation
shall be subject to the same rules and procedures that cover all accrued vacation.
28
ARTICLE 23
r
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the employee's
immediate family, meaning spouse, child, brother, sister, parent, parent -in-law, step-parent, step-
brother, step -sister, grandparent, or any other relative living in the same household, provided
such leave as defined in this section shall not exceed five (5) working days or the shift equivalent
(56 hrs.) from 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.
29
ARTICLE 24
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached).
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:
(1) Death - 50% Such payment shall be made within seventy-two hours of notice to the City
of an employee's death.
(2) Retirement and actual commencement of PERS benefits:
(a) After ten years of continuous employment - 10%
(b) After twenty years of continuous employment - 15%
(3) Job -related disability retirement and actual commencement of PERS benefits - 75% with
a maximum of 1000 hours payoff (75% of 1333.3 accrued hours.)
U11
ARTICLE 25
FAMILY LEAVE
1. An employee may take up to two (2) days, (16 hours) or 24 hours for shift employees, of
sick leave per year if required to be away from the job to personally care for a member of
his/her immediate family.
2. An employee may take up to five days (forty hours) or the shift equivalent for shift
employees (56 hours) of sick leave per year if the family member is a part of the
employee's household.
3. An employee may take up to seven (7) days (56 hours) of sick leave per year or the shift
equivalent (78.4 hours) if the family member is part of the employee's household and is
hospitalized. The employee shall submit written verification of such hospitalization.
4. The amounts shown in 1, 2, and 3 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.
5. If the family member is a child, parent or spouse, an employee may use up to 48 hours
(67.2 hours for shift employees) annually to attend to the illness of the child, parent or
spouse, instead of the annual maximums in paragraphs 1. and 2. above, in accordance
` with Labor Code Section 233.
6. 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.
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 in addition to leave available to employees under the existing four
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
31
toward the cost of health insurance premiums. However, employees who receive cash
back under the City's Flexible Benefit Plan will not receive that cash during the
Family/Medical Leave. Only City group health insurance premiums will be paid by the
City.
If an employee does not return to work following 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.
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on Family/Medical
Leave are available through the City's "Guide to Family/Medical Leave Program".
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- ARTICLE 26
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with state
workers' compensation law and is not eligible for disability payments under Labor Code Section
4850, shall be paid the difference between his base salary and the amount provided by workers'
compensation law during the first 90 days of such disability absence. The only position currently
eligible for this benefit is the Fire Vehicle Mechanic.
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ARTICLE 27
LIGHT DUTY
A light -duty work assignment is generally administrative in nature and may require the
individual to sit at a desk, type, drive a vehicle, and engage in minimal walking. The employee
may receive work assignments in one or more of the Department's program areas:
Administration, Training, Hazard Prevention, Technical Services, Disaster Preparedness,
Emergency Response, or Communications. The schedule is typically 40 hours a week with the
employee working under the supervision of the Fire Chief or a Battalion Chief. There are two
methods for placing a person on light duty:
1) At the employee's request during a recovery period (minimum of two weeks) due to an
off -duty injury or illness.
2) At the request of the City because of a Worker's Compensation injury. Each is
dependent upon the availability of an appropriate work assignment.
Off -Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on a 40-
hour light duty administrative work assignment. The Fire Chief would then forward the attached
form letter to the employee's doctor. Once the doctor signs this letter (with any changes and/or
modifications) and it is returned, the employee is then available for light -duty. The Department
typically has a variety of tasks that a person might be assigned to work on. In accordance with
past practice, as long as a legitimate light -duty assignment is available (minimum of two weeks),
the Fire Chief will accommodate this request.
Worker's Compensation Injury - An employee is on Worker's Compensation injury leave and
the Fire Chief knows of a possible light -duty work assignment. The human resources
Department will be notified of such an assignment along with its description. A description of
this assignment will then be sent with a doctor's release letter to the City's Worker's
Compensation Insurance carrier. The carrier reviews the information and routes it to the
employee's Worker's compensation physician who will either sign the release letter or deny it.
All documents are then forwarded back to the human resources and Fire Departments. The
employee, if released, will then be available for light -duty. Employees on Worker's
compensation certified by a doctor for light -duty may lose benefits if they refuse available light -
duty based on Worker's compensation law.
Once an employee is released to light -duty, a Personnel Action Form is initiated and all leave
balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40-hour work week. It
should be noted that any leave taken during this light -duty period is taken at the 40-hour work
week accrual rate and no FLSA is given.
The employee would transfer to a light -duty assignment as soon as the employee has completed
his/her FLSA period (the FLSA period runs concurrent with the A shift's schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will be
34
reviewed with the employee prior to setting up the work schedule. Once the employee has
received a doctor's release to return back to full -duty and it has been approved by the Fire Chief,
the employee will return to their appropriate shift on their next scheduled work day, assuming
this return schedule does not trigger overtime in excess of regular FLSA overtime. If excess
overtime would be triggered, the employee will return to work on the earliest date that will not
trigger excess overtime.
35
ARTICLE 28
SAFETY
The Union and the City agree to address Departmental and citywide safety concerns through the
City's Safety Committee and the Communication Process outlined in Article 7.
9C
ARTICLE 29
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2% at age 50 plan
to all sworn personnel and the 2% at age 55 plan to all non -sworn personnel. The 2% at
age 50 plan includes five amendments, namely, Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959 Survivor's
Benefit, one-year final compensation and the PERS Military Service Credit option. The
2% at 55 plan has two amendments, 1959 survivor's Benefit and one year final
compensation.
B. For employees hired after 1 July 1986, the PERS 2% at 50 plan shall include the
modifications shown in Section A, above, except that it shall provide three-year final
compensation.
C. Immediately upon the ratification of this agreement, the City will begin the process of
implementing the 3% @ 55 formula for sworn employees. Plan amendments will remain
unchanged.
Effective December 31, 2005; the City will implement the 3% @ 50 retirement formula
for sworn employees. Plan options will remain unchanged except that the one year final
compensation amendment will apply to all sworn employees.
(1) The City agrees to contribute up to 9% of safety member's obligation to contribute
to PERS.
(2) City agrees to contribute up to 7% of the Fire Vehicle Mechanic's obligation to
contribute to PERS.
(3) The City agrees to report as salary all Employer -Paid Member Contributions for
full-time employees to PERS for the purposes of retirement credit in accordance
with Gov. Code Section 20636 (c).(4), with the understanding that, for the 1997-
99 MOA, the .28% employer cost of the program will be included as part of the
total compensation cost of the negotiated package. This benefit will be
implemented as soon as the City's computer system is upgraded to handle the
calculations.
(4) . The amount paid by the City is an employee contribution and is paid by the City
to partially satisfy the employee's obligation to contribute to PERS. An employee
has no option to receive the contributed amounts directly instead of having them
paid by the City to PERS on behalf of the employee. The Union understands and
agrees that employees bear the risk of payment of any increases in the employee
contributions above the amount provided in this Agreement which may result by
action of PERS or the state legislature. Parties further agree that City payment of
37
PERS contributions is made based upon tax treatment currently permitted by the
State Franchise Tax Board and the IRS. Should current tax treatment change,.the
Union and the employees hold harmless the City, its officers and agents from any
and all claims or costs of any type, including but not limited to, liability for back
taxes, arising out of this Agreement to pay part of the employee's PERS
contribution. Should current tax treatment change, the Union shall have the
opportunity to meet and confer regarding any such changes.
It is understood and agreed to by the parties that the City "pick up" of a portion of the
employee's PERS contribution is in lieu of wages. Therefore, in all comparisons made
with other agencies, a percent equal to the City "pick up" of the employee's PERS
contribution will be added to the total compensation provided by the City to the
employees.
38
ARTICLE 30
HOURS
A. Employees assigned to a 24-hour shift schedule, shall work a shift schedule which, over a
period of one year, shall average approximately fifty-six (56) hours per week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than 15 days notice prior to changing a shift
assignment for non -emergency reasons.
A work shift is defined as a work period of twenty-four (24) hours, commencing at 0800
hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8
a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work day will
be divided as follows:
0800 - 1200 Captain's Priority
1200 - 1300 Lunch
1300 - 1700 Chief s Priority/Captain's Priority
The intent of Captain's Priority is to create a productive schedule providing latitude for
necessary classes, rewards and individual's priorities. Included in Captain's Priority is
vehicle and station maintenance, fitness training and Captain's projects 8-12 daily.
Holidays and weekends are also Captain's Priority times.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more than 72
consecutive hours must contact the Battalion Chief for confirmation that reasonable rest
has been achieved. C. Vacation Exchange - The Fire Chief or his/her representative may
authorize employees covered by this Agreement to exchange vacation leave with other
department employees of equal rank or qualifications for the position.
C. Vacation Exchange — The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange vacation leave with other department employees
of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees covered
by this Agreement to relieve another department employee of equal rank or qualifications
for the position prior to the end of the scheduled shift.
39
ARTICLE 31
HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to promote the
well being of employees and reduce the incidents of preventable accidents, illnesses, and
disabilities, and have, and shall continue to, work cooperatively to encourage and develop an
appropriate program to enhance physical fitness and health and to establish required physical
standards to be met by all employees. The parties have agreed to implement the physical fitness
program outlined in the "Health and Fitness Maintenance Program" and dated 9-28-89.
The Union recognizes that it is the policy of the City to hire non-smokers in the Fire Department.
The Union further recognizes there is a fire department policy concerning smoking in
departmental facilities and vehicles. The parties agree that smoking poses health risks to non-
smokers as well as smokers.
Cfo:
ARTICLE 32
SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
Chico
Davis
Lompoc
Monterey
Napa
Pleasanton
Redding
Salinas
Santa Cruz
Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party may
propose changes to the above list of cities. A revised, mutually agreed upon list, may be used
during the negotiations to produce a successor Agreement. The City and Union will, in July
2005, meet to review the list of comparison cities for possible modification. In the absence of an
agreement for change, the issue shall be referred to the meet and confer process.
41
ARTICLE 33
LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible for the
implementation of a layoff order of the City Council in accordance with the procedures outlined
below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be as
follows:
Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to be
determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by seniority
and job performance. Seniority is established by time in service within the Union.
That is, the last employee hired into the bargaining unit shall be the first employee
laid -off. Job performance categories shall be defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets performance
standards, exceeds performance standards and expectations, 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 two
to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least seniority
in the Union and who is in the lowest job performance category. Employees in
Category 1 with the lowest seniority will be laid off first, followed by employees
in Category 2. 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 determine which performance category
42
the City shall use in determining order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval of
the department heads, if there is a vacancy and the employee meets the minimum
job requirements.
B. Laid -Off Employees on Re-employment List
The names of employees who have been laid -off shall be placed on the
appropriate Re-employment List. The recall of employees will be in reverse order
of layoff, depending upon City requirements.
2. Names of employees laid -off shall be placed on a re-employment list for a period
of two years. They will be offered re-employment only once before being
removed from the list for the job they held before being laid -off. Re-employment
lists shall be used for filling those classes requiring substantially the same
minimum qualifications, duties and responsibilities .of the class from which the
layoff was made.
C. Appointment of Laid -Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and the
human resources Director and in agreement with the employee, appoint an
employee who is to be laid -off to a vacancy in a vacant class for which he or she
is qualified. He/she will still remain on the re-employment
q p yment list for the job from
which he/she was laid -off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may bump
back in their career series to a position they formerly held, if there is an employee
in the lower classification with less seniority than the employee who wants to
bump back. Seniority for the purpose of this section shall mean time in service,
as a regular. employee, within the Union. For example, an employee attempting to
bump back to Engineer from Captain would utilize his/her combined time within
the Union, firefighter, engineer or captain, in determining whether or not he/she
had more seniority than an individual in the Engineer classification. The intent is
to have the last person hired into the Union be the first person to be laid -off.
2. Reassignment rights may be exercised only once in connection with any one
layoff, and shall be exercised within 20 calendar days from the date of the notice
of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of another
employee with lesser total seniority or by the acceptance of a vacant position in
the class with the same or lower salary.
[L3
4. Employees who are reassigned (bump back) are to be placed on an open re-
employment list for the position they have vacated.
5. Employees on layoff shall be offered re-employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially change
the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant to F,
below.
F. Notice of layoff to Employees
1. An employee to be laid -off shall be notified in writing of the impending action at
least thirty (30) calendar days in advance of the effective date of the layoff. The
notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
C. Employee rights as provided in these rules.
G. Removal of Names From Re-employment Lists
1. The human resources Director may remove an employee's name from a re- 3
employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been made
to do so. The City shall utilize certified mail when contacting individuals;
or
C. The individual refuses one re-employment offer at his/her previous job.
Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affected by these procedures
shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre -
scheduled interview or test for other employment.
b. An employee who has been laid -off shall be paid in full for his/her unused
44
accrued vacation leave and holiday leave on the effective date of the
layoff.
C. When an individual is reemployed he/she shall be entitled to:
(1) Retain his/her seniority date.
(2) Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
(3) Have any unused sick leave reinstated.
(4) The same retirement package prior to layoff, assuming that the
employee has not withdrawn his/her PERS funds. If an employee
has withdrawn funds, he/she will be reinstated to the retirement
package which is currently in effect for all newly hired employees
unless the employee notifies PERS within 90 days that he/she
wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she was laid off shall be
assigned to the same salary range and step he/she held at the time of the layoff.
An individual reemployed into a job classification other than the classification
from which he/she was laid off shall be assigned to the salary range of the new
classification at the amount closest to the salary he/she earned at the time of the
layoff.
3. When an individual has been reemployed after a layoff by bumping back to a
r lower job classification prior to being laid -off, he/she will be placed on a re-
employment list for the higher job classification held prior to bumping back.
4. A probationary employee who is reemployed shall be responsible for completing
his/her probationary time commitment. Similarly, an individual who is
reemployed shall complete, upon return to the job, the same work time he/she
would have had to work at the time of the layoff to attain a higher vacation leave
accrual rate or to become eligible for a salary step increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
45
ARTICLE 34
WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose an
imminent threat to public health or safety and is unlawful, furthermore, it 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.
(a) Employee organizations shall not hinder, delay, interfere with, nor coerce employees of
the City to hinder, delay, or interfere with, the peaceful performance of City services by
strike, concerted work stoppage, cessation of work, slow -down, sit-down, stay -away, or
unlawful picketing.
(b) In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions,
may, by action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the employee organization or organizations participating in such
actions.
(c) Employee members of any employee organization shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing to perform such duties in the customary manner and at a reasonable level of
efficiency.
Any decision made under the provisions of this Section may be appealed to the City Council by
filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement
setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed
within ten (10) working days after the affected employee organization first received notice of the
decision upon which the complaint is based, or it will be considered closed and not subject to any
other appeal.
Erl
ARTICLE 35
i
ENTRY LEVEL FIREFIGHTERS
Effective the first full payable period in July 2001, the first three steps in the Firefighter salary
range shall be eliminated. The new salary range shall be established in the following step
relationships to the old.
New Step Old Step
Eligibility for step advancement will be at 12 month intervals.
Employees hired under the 9 step salary range shall be phased at the step in the new range which
they would have assigned had they been hired under the six step range. For example, an
employee currently at step 3 of the old range will be moved to step 3 of the new range.
Eligibility for the next step advancement will occur after 12 months (July 2002) except that
r
individuals placed at the new step 1 will become eligible for advancement to the new step 2 12
months from their date of hire.
1. Testing for entry-level firefighters will occur every two years using the CPS test
or equivalent. A current eligibility list will be maintained and entry-level
firefighters will go through the current standard "academy", as set forth in General
Order 501.03.
2. Firefighter Apprentices will be allowed to apply for entry-level firefighter
positions outside the limitation on the number of applications to be accepted. For
a given recruitment, if the number of applications received by the City for entry-
level firefighter positions is to be limited, the limit will not be less than 100.
3. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment standards
remain the same.
47
ARTICLE 36
DEPARTMENT ASSESMENT
The City agrees to undertake an assessment of the Fire Department following the procedures
outlined in the ICMA/IAFC manual and to have the assessment completed by July 1, 2000.
There shall be no limitations on what can be considered during this process, provided that the
subject matter falls within the general framework of the assessment format. The Union and the
City agree that the assessment's findings and conclusions will be advisory only to the City
Administrative Officer's approval and recommendation to the City Council. The Union and the
City further agree that implementation of the assessment's findings and conclusions will be
subject to the meet and confer requirements under the California Government Code, Section
3500 et seq.
Should it become apparent to both parties that an extension of the completion date is necessary,
both parities will meet and discuss an extension of the completion date by mutual agreement.
EM
ARTICLE 37
GENERAL ORDER MODIFICATIONS
A. Departmental General Order 204.01 shall be modified as follows:
Any cancelled scheduled vacations will continue to be available for reselection by
other employees.
If approval is granted for vacation cancellation by the Fire Chief, the BC on the
shift affected will direct the appropriate Captain to make notification of the dates
available to the platoon. Selection of available dates will be handed as a third
choice vacation pick, selection may consist of any or all days remaining available.
All selections made from the cancelled days will be recognized as scheduled
vacation. Filling the cancelled days will start with the next person below on the
seniority list (person below the person who is canceling). Filling the cancelled
days will continue until all the days have been filled or all the personnel on that
shift have been able to review and select the remaining available vacation shifts.
The Captain at Station 2 will then notify the affected shift BC of any vacation
selection changes so that the staffing calendar can be updated.
49
ARTICLE 38
RESIDENCY REQUIREMENT
A. Departmental General Order 206.04 shall be modified as follows:
All personnel must live within one (1) hour travel time of the City limits following all
posted speed limits and not to exceed fifty (50) miles travel distance from the City limits
to their permanent residence.
50
ARTICLE 39
STAFFING
A. The current number of positions in the Fire Department represented by the Fire Union is
12 Fire Captains, 15 Fire Engineers, 14 Firefighters, 1 Fire Vehicle Mechanic, and 15
Paramedics within the ranks of Firefighter and Engineer. If it becomes necessary for the
City to exercise its management right to change those staffing levels, the City
acknowledges its responsibility to meet and confer with the Union on the impacts of any
such changes.
B. There will be no reserve program implemented during the term of this agreement.
C. The City and the Union share jointly in pursuing the goal of 3-person engine companies
at all stations on all shifts.
D. The present status of the Apprentice Program does not impact on the bargaining unit
integrity. The City recognizes its obligations to meet and confer on any future impacts of
the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief may temporarily act as Battalion
Chief in situations that would preserve 3-person engine companies at all four stations.
F. Effective July 2002, department minimum staffing will increase by 1, to a total of 13,
including a Battalion Chief.
51
ARTICLE 40
SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent:
Utilize years of service as an empowerment tool for the employee. Thus enhancing their
productivity and morale, through their ability to choose station assignment, program
assignment and working partners.
B. Process:
Appropriate lists and sign-up sheets will be passed out the first of July (beginning in
2002). The selection process should be completed by September 1st. Placement on the
appropriate list is based on seniority within the Fire Department. Bidding will take place
the first year in the following order; Captains (1), Engineers (2) and Firefighters (3).
Every one year the bidding order will rotate. First to choose in the prior year will choose
last with second and third choices moving up respectively, e.g. 1,2,3; 2,3,1; 3,1,2.
Rookie firefighters will not be included in the station selection process until they have
completed their probationary period.
j
Each station will have a Paramedic assigned to it from the ranks of the engineer or
firefighter. Each shift will have five paramedics. The (5th) paramedic should be
stationed at fire station 1.
Each shift shall have two Hazardous Materials Specialist assigned.
Individuals bidding for assignment as the Station 1 Captain shall be subject for interview
by the Shop Steward and the appropriate Battalion Chief prior to bid selections being
finalized.
Station assignments would take place based on FLSA periods with the intent to eliminate
or minimize overtime due to personnel movement.
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain consistent
with existing policies. Vacancies created by promotion or retirements are to be filled by
the newly promoted individuals.
Administration of the Fire Department recognizes and supports the premise that placing
employees at stations of their preference is beneficial. The Fire Department
Administration needs a degree of flexibility to accomplish the following goals (in order
of priority):
52
1. Staff the training station with qualified personnel.
2. Placement of the SAE
3. Allow for mentoring and conflict resolution
Adjustment of employee station bids by fire Department Administration, should take
place in September before vacation selection. Station bid adjustments by Fire
Department Administration shall be accompanied by written justification as to the
perceived need.'
After initial placement, movement of personnel shall be for a period of six months. At
the end of this six-month period, the effected personnel shall return to their station of
choice. Reasons for moves for more than six months or for permanent relocation need to
be in writing.
Except in extraordinary circumstances no movement of personnel will be initiated during
the months of November and December.
When movement of personnel is initiated by the Department and is not due to any fault of
the individual(s), the Department will honor all approved time off requests.
C. Issue Resolution Committee:
Intent:
The intent of the Issue Resolution Committee is two fold:
First, is to deal with the larger issue of how the program works. Does the process work;
are we able to meet the goals of the program and the department?
Second, are both labor and management needs being addressed fairly and equitably.
Committee membership:
The Issue Resolution Committee (IRC) will consist of a Battalion Chief (appointed by the
Fire Chief) and the Fire Marshal from management. The Vice -President and the Sergeant
of Arms will represent the employee's bargaining unit. A fifth member will be chosen by
the above four members. The fire chief or the labor president can substitute the members
from management and labor, respectively, for cause.
Issue Resolution:
The Firefighters Association, through their Board of Directors, or Fire Department
Administration, through the Fire Chief, can bring issues to the Committee. The IRC will
convene within five business days of receipt of an issue of concern or a question of
process. Issues will be decided based on the information presented to the committee.
Issues or questions will be considered resolved by a vote of 4 out of 5 committee
53
members.
The IRC will review the overall program as it relates to program and department goals
annually or as needed. Unresolved issues will be taken to the next contract negotiations
as a negotiable issue.
The IRC will attempt to resolve issues of a personal nature, i.e. station placement, or an
interpretation of the process, as they come up. If the committee cannot resolve an issue,
the Fire Chief will resolve the issue.
By mutual agreement of the Firefighters Association and Fire Department
Administration, this program can be discontinued at any time.
All committee members performing the duties of this committee while off duty will be
compensated with CTO, hour for hour.
54
ARTICLE 41
The City and the Union agree to reopen negotiations during the term of this agreement as
follows:
1. The Union agrees to a future opener to discuss an incentive program to reduce sick leave
usage as part of a joint process with other employee associations.
2. The City and Union will meet and confer on implementation of a 401(h) program, or
other mutually accepted programs, which would allow for the donation of holiday and/or
other paid time into tax deferred accounts for use for retiree medical and other purposes.
3. Within ninety (90) days of the ratification of the agreement, the City and Union will
complete negotiations on the Departmental Disciplinary Policy.
55
ARTICLE 42
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Union. This Agreement supersedes all previous Memoranda of
Understanding or Memoranda of Agreement between the City and the Union except as
specifically referred to in this Agreement. During the life of this Memorandum of Agreement,
should either party desire to modify its terms or to meet and confer with respect to matters within
the scope of representation, such party shall request in writing to meet and confer on such
item(s), which item(s) shall be specified in writing. During the life of this Memorandum of
Agreement, either party may refuse such a request without explanation, and no unilateral action
may be taken on the matter within the scope of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not within the
scope of representation, but impacts matters within the scope of representation, it shall provide
notice to the Union and afford the opportunity to meet and confer on the impact of its
decision(s). If a conflict arises between the MOA and General Orders or any other policy and
procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service function, it
will give notice to the Union and meet and confer on any aspects of the proposal which fall
within the scope of representation.
56
ARTICLE 43
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within thirty (30) day work period. If no Agreement
has been reached, the parties agree to invoke the provision of impasse under City Charter Section
1107.
57
ARTICLE 44
RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): 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 by August 15, 2005. If notice is properly and timely given, negotiations shall
commence no later than September 15, 2005.
58
ARTICLE 45
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Union's principal authorized agent shall be the President (address: 2160 Santa
Barbara Street, San Luis Obispo, California 93401; telephone: (805) 781-7380).
B. Management's principal authorized agent shall be the Human Resources Director or
his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo,
California 93401; telephone: (805) 781-7250).
59
ARTICLE 45
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2001 and continue in full force and effect
until expiration at midnight, December 31, 2005.
SIGNATURES
1. Classifications 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 July 18, 2001, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
William Avery, City
tUl'c'� AQ&'�
Wendy G orge, Assistant CAO
60
CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter
Fire Vehicle Mechanic
Fire Engineer/Inspector
Fire Captain
6040
612
6030
616
6020
615
6010
621
:jl
I_\771►1� i7ifel
WORK SCHEDULE ILLUSTRATION
For purposes of illustration only, the shift schedule pattern for employees working a fifty-six
(56) hour work week consists of eight (8) twenty-four (24) hour on -duty periods within a twenty-
four (24) day cycle which is worked in accordance with the following chart:
X = 24-hour on -duty period
0 = 24-hour off -duty period
SCHEDULE: XOXOXOXOOOOXOXOXOXO00000
62
APPENDIX C
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
2,36.420
Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
Absence from duty because of illness or off -the -job injury, or exposure to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member of the
"employee's immediate family," meaning spouse, child, brother, sister, parent,
parent -in-law, step-parent, step -brother, step -sister, or any other relative living in
the same household, provided such leave as defined in this subsection shall not
exceed five working days (40 hours for non -shift personnel, 56 hours for shift
personnel) from each incident. The employee may be required to submit proof of
relative's death before being granted sick leave pay;
l
3. An employee whose memorandum of understanding incorporates a provision for
"family leave" may use sick leave not to exceed three days (24 hours for non -shift
personnel, 33.6 hours for shift personnel) per year if required to be away from
his/her job to personally care for a member of the employee's immediate family as
defined in this subsection.
B. Rules Governing Sick Leave.
1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate
of twelve days (96 hours) or the shift equivalent (134.4 hours) per year of
continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in which it
was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the city administrative officer for the
uses of sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
63
medical authority at the employee's expense for sick leave use in excess of five
consecutive working days by personnel in his/her department. Such proof may be
required for periods of less than five consecutive working days where there exists
indication of abuse.
6. Any employee who is absent because of sickness or other physical disability shall
notify his/her immediate supervisor or department head as soon as possible but in
any event during the first day of absence. Any employee who fails to comply
with this provision without having a valid reason will be placed on leave of
absence without pay during the unexcused absence and be subject to disciplinary
action in accordance with procedures established by this chapter.
7. Any employee absent for an extended illness or other physical disability may be
required by the personnel director to have an examination by the city's medical
examiner at city expense prior to reinstatement to the city service.
8. An appointing authority, subject to approval of the personnel director, may
require any employee to be medically examined where reasonable cause exists to
believe that an employee has a medical condition which impairs his/her job
effectiveness or may endanger the health, safety or welfare of the employee, other
employees or the public. Employees who are judged to be physically incapable of
meeting normal requirements of their positions may be placed in a classification
of work for which they are suitable when a vacancy exists, or may be separated
for physical disability.
9. In the event that an employee's sick leave benefits become exhausted due to
illness or exposure to contagious disease, the employee shall revert to a status of
leave of absence without pay and be subject to the provisions of Section 2.36.460.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the city. This plan shall not give any
employee the right to be retained in the services of the city, or any right of claim
to sickness disability benefits after separation from the service of the city. When
an employee receives compensation under the Worker's Compensation Act of
California, such compensation received shall be considered part of the salary to be
paid to the employee eligible for such payments as required by state law. The
amount paid by the city shall be the difference between the amount received by
the employee from the city's compensation insurance coverage and the eligible
employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall be entitled
to receive any payment or other compensation from the city while absent from
duty by reason of injuries or disability received as a result of engaging in
employment other than employment by the city for monetary gain or other
compensation, or by reason of engaging in business or activity for monetary or
other compensation other than business or activity connected with his/her city
G±f
employment.
f
12. A public safety employee shall not receive sick leave payments while receiving
Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
6h7
APPENDIX D
SALARY RANGE LISTING
Salary Range Listing - July 2001 Through June 2005
July 2001
5% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,348
3,720
3,916
4,122
4,339
4,567
1,545
1,717
1,807
1,902
2,003
2,108
615
Fire Engineer/
4,027
4,239
4,462
4,697
4,944
Inspector
1,859
1,957
2,060
2,168
2,282
616
Fire Vehicle
4,130
4,347
4,576
4,817
5,070
Mechanic
1,906
2,006
2,112
2,223
2,340
621
Fire Captain
4,707
4,954
5,215
5,490
5,779
2,172
2,287
2,407
2,534
2,667
July 2002
3%Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Ell -Weekly
BI-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,448
3,831
4,033
4,245
4,469
4,704
1,591
1,768
1,861
1,959
2,062
2,171
615
Fire Engineer/
4,147
4,365
4,595
4,837
5,092
Inspector
1,914
2,015
2,121
2,233
2,350
616
Fire Vehicle
4,253
4,477
4,713
4,961
5,222
Mechanic
1,963
2,066
2,175
2,290
2,410
621
Fire Captain
4,848
5,103
5,372
5,654
5,952
2,237
2,355
2,479
2,610
2,747
m
Salary Range Listing - July 2001 Through June 2005
January 2003
2% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
BI-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,516
3,907
4,113
4,329
4,557
4,797
1,623
1,803
1,898
1,998
2,103
2,214
615
Fire Engineer/
4,230
4,453
4,687
4,934
5,194
Inspector
1,952
2,055
2,163
2,277
2,397
616
Fire Vehicle
4,338
4,566
4,806
5,059
5,326
Mechanic
2,002
2,107
2,218
2,335
2,458
621
Fire Captain
4,945
5,205
5,479
5,767
6,071
2,282
2,402
2,529
2,662
2,802
July 2003
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,621
4,024
4,235
4,458
4,693
4,940
1,671
1,857
1,955
2,058
2,166
2,280
615
Fire Engineer/
4,357
4,587
4,828
5,082
5,350
Inspector
2,011
2,117
2,228
2,346
2,469
616
Fire Vehicle
4,468
4,704
4,951
5,212
5,486
Mechanic
2,062
2,171
2,285
2,405
2,532
621
Fire Captain
5,093
5,361
5,643
5,940
6,253
2,351
2,474
2,605
2,742
2,886
67
Salary Range Listing - July 2001 Through June 2005
January 2004
2%Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,694
4,105
4,321
A,548
4,788
5,040
1,705
1,895
1,994
2,099
2,210
2,326
615
Fire Engineer/
4,444
4,678
4,924
5,183
5,456
Inspector
2,051
2,159
2,272
2,392
2,518
616
Fire Vehicle
4,558
4,798
5,051
5,317
5,597
Mechanic
2,104
2,215
2,331
2,454
2,583
621
Fire Captain
5,195
5,469
5,757
6,060
6,379
2,398
2,524
2,657
2,797
2,944
July 2004
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,806
4,228
4,451
4,685
4,932
5,191
1,756
1,952
2,054
2,162
2,276
2,396
615
Fire Engineer/
4,578
4,819
5,072
5,339
5,620
Inspector
2,113
2,224
2,341
2,464
2,594
616
Fire Vehicle
4,694
4,941
5,201
5,475
5,763
Mechanic
2,167
2,281
2,401
2,527
2,660
621
Fire Captain
5,351
5,632
5,929
6,241
6,569
2,470
2,600
2,736
2,880
3,032
m.
Salary Range Listing - July 2001 Through June 2005
January 2005
2% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,882
4,313
4,540
4,779
5,031
5,295
1,792
1,991
2,095
2,206
2,322
2,444
615
Fire Engineer/
4,670
4,915
5,174
5,446
5,733
Inspector
2,155
2,269
2,388
2,514
2,646
616
Fire Vehicle
4,788
5,040
5,305
5,584
5,878
Mechanic
2,210
2,326
2,448
2,577
2,713
621
Fire Captain
5,458
5,746
6,048
6,366
6,702
2,519
2,652
2,791
2,938
3,093
69
SIDE LETTERS
The documents following this section are all Side Letters of Agreement between
the International Association of Firefighters, Local 3523 and the City of San Luis
Obispo. They should not be construed to be part of the Memorandum of
Agreement and are not subject to the terms of Article 38, Full Agreement. Any
dispute over interpretation or application of the side letters shall be referable to
the grievance and arbitration procedures of the MOA.
70
SIDE LETTER
DOCUMENTS WHICH FALL WITHIN THE SCOPE OF REPRESENTATION
The City of San Luis Obispo and the International Association of Firefighters,
Local 3523, recognize the attached letter from William Avery, dated March 18,
1996, as defining which existing side letters and General Operations Manual
policies fall within the scope of representation.
This agreement fulfills Paragraph
4, Article 35 of the 1994-97 Memorandum of Agreement.
CITY OF SAN LUIS OBISPO
—Z / o /99
Date
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
Mark cCullough, sident
z(3fa�
Date
71
WlLLIAM AVERY
&, ASSOCIATES, nvc.
MANAGEMENT CONSULTANTS
March 18, 1996
Wendy George
City of San Lads Obispo
990 Palm Strcet
San Luis Obispo, CA 93401-3249
Dear Wendy.
Following is my preliminary review of the issue of which general operations sections, personnel
rule sections and side letter or addendum MCA agreements should be incorporated into the existing
Memorandum between the City and the San L.ufs Obispo Rref ighters Association. Please note that
while many of these documents contain matters which relate to the scope for representation, it is
certainly not nary that they be replicated in the MOA. In some cases a reference might be
appropriate. It should also be noted that whether or not a matter is incorporated in the MOA at all,
City's obligations with regard to meet and confer are the same.
The following general orders Portions contain matters within scope.
201.02
Relief
201.03
Fire Engineer Positions
201.04
Minimum Slatting Polity
201.05
Temporary Vacancies
202.01
Voluntary and Mandatory Overtime
204.01
Vacation
204.02
Comp=satory Time off
204.03
Holiday Ltavc
204.04
Sick Leave Use/Certification
204.08
Jury Duty
205.01
Bi-annual Abbreviated Fitness Testing
206.01
ShiftTransfers
206.04
Residency Requirements
302.15
r-bzardous Materials
405.05
Telephone Pagan
The following general orders, while perhaps having some tangential impact on matters within
scope, arc primarily matters of law, management right, or administrative in nature.
206.02
Smoking Regulations -
206.03
Personnel Evaluations
207.01
Time Cams
208.01
Travel Reimbursement Authorization
902.03
InjuryReports
603.01
Nighttime Inspectors
501.01
Training Program j
501.02
Outside Training Program
501.03
Recruit/Probationary Training Rcgulations
31t N. Santa Cruz Avenue. Suile 6 • Los Galos. CA 95030 • (408) 399.4424 FAX (408) 399.4423
72
Page 2
PERSONNEL. RULES
You provided me with a copy of the personnel Hiles. It is not clear to me if there are requests that
sections of the personnel rules be referenced or incorporated in the MOA. If so, the following
appear to contain matters substantively affecting the scope of represcatation.
2.36.200
Probationary Period
2.36.240-B4
Compensation for Temporary Assignments
236.320
All affecting discipline
236330
"
2.36.340
«
236.350
"
236.390
Outside Employment
I�eltiY���7i , : an�na.tt
December 15, 1993 re: Hazardous Materials. It would appear this meet and confer has concluded
and the side letter need not be. incorporated
September 16, 1993, MOA language changes. This language has already been incorporated. June
may be appropriate to reference the language under current staffing.
ADDS NDLIM MOA'S
Layoff Policy - This language has already been incorporated in the MOA.
Second P]RS Health Benefit Program - This language has been incorporated in the MOA.
Drug Free Workplace Policy - This addendum, and/or subsequent agreements could be referenced
in the MOA. This particular policy contains nothing other than minimum requirements of Federal
law.
Flexible Benefits Program - The language in this addendum contains many sups which
presumably have been completed. A generalized reference in the MOA would be appropriate.
Medical Plan Review Committee - Sufficient language on this subject already appears in the MOA,
it need not be incorporated
MISCE ANEOUS
The following documents have been provided They have been given general operations policy
numbers although they are City-wide documents. They would not appear to substantively impact
matters within scope.
20902 Code of Ethics
20903 Sexual HaTrat ent Avoidance Policy
26904 Affirmative Action Program
20909 Employer -Employs Resolution
20M Guide to Family/Medical Leave Program
73
Page 3
The following policy could be incorporatcd by reference or appended:
209.05 Catastrophic Leave Policy
Please call after you've had a chance, to review this.
Sicker y,
William H. Avery
WHA:ksd
74
SUPPLEMENTAL MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF SAN LUIS OBISPO
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
This Supplemental Memorandum of Agreement (SMOA) replaces the trial Constant Staffing
SMOA implemented on February 1, 2004 and two related Side Letters, and amends, in part, the
Memorandum of Agreement for the period of July 1, 2001 through December 31, 2005.
The City and Association agree:
1. Constant Staffing: An ongoing Constant Staffing Program will commence on May 1,
2005. "Constant Staffing" provides for a mandated fourteen (14) Firefighters on -duty
every day including the Battalion Chief. Mandated overtime will be used to maintain the
fourteen (14) per day minimum.
2. Staffing: Article 39 — Section A shall be amended to provide for 12 Fire Captains, 15
Fire Engineers, 12 Firefighters, 1 Fire Mechanic, 2 Fire Inspectors, 1 Hazardous
Materials Coordinator, and 20 Paramedics within the ranks of Captain, Engineer, and
Firefighter. One Paramedic Captain (included as one of the 20 Paramedics) will be
assigned per shift.
— 3. Vacation: Article 20 — Section M shall provide for maximum vacation cash out of 150
hours. The number of vacation slots available shall increase to two, except for the
Christmas, New Years and Thanksgiving holidays, which shall remain at one slot.
Additional vacation slots may be made available if personnel are available to fill the shift
without causing mandatory overtime.
4. Work out of Grade: Article 15, Paragraph 2 shall provide as follows:
Employees not eligible for the step increase (under 10 days) shall receive compensation
on the following basis:
Hours Worked
0-5 hours, 59 minutes
6-11 hours, 59 minutes
12-24 hours
Compensation Earned
0
1 hour, paid at ST
2 hours, paid at ST
Each calendar quarter, employees may elect to receive payment for previously accrued
CTO at straight time.
5. Overtime Call Back: Overtime call back shall be as follows:
First Option — Rank for rank including a minimum of four paramedics
Second Option — Certified Actors
Third Option — Mandatory staffing that ensures adequate paramedic and officer coverage
Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic. Compensation will
be paid as out of grade pursuant to 4, above.
Except as modified herein, the MOA between the City and Association remains in full force and
effect.
City of San Luis Obispo
1
Wolfgang MI Knabe
Fire Chief
International Association of Firefighters
Local 3523
I
Greg gan ,
P7ident
K n H ian
City Administrative Officer Erik Baskin
Vice President
Monica M. Irons
Director of Human Resources
SIDE LETTER
to the Supplemental Memorandum of Agreement
Between the City of San Luis Obispo and
the San Luis Obispo City Fire Fighters, Local 3523, establishing a trial constant
staffing program commencing February 1, 2004.
The City and Association agree to the following regarding the SMOA:
1. The trial constant staffing program will be extended until February 1,
2006.
2. On February 1, 2006 the program will become permanent subject only to
the existing language in Section 1 giving the City and Fire Chief the right
to cancel the trial after a 30 day notice and meetings between the Fire
Chief and Association to resolve any identified problems/issues.
3. Constant staffing will not be subject to negotiations during the meet and
confer process for the new MOA covering the contract period
commencing January 1, 2006.
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO CITY FIRE
FIGHTERS. LOCAL 3523
Bill Avery, City Consultant
Monica M. Moloney
Director of Human Resources
Tony Spitaleri, Chief Negotiator
Gre gan
Pr iden
a
SIDE LETTER
to the Supplemental Memorandum of Agreement
Between the City of San Luis Obispo and
the International Association of Firefighters, Local 3523, establishing a trial
constant staffing program commencing February 1, 2004.
The City and Association agree to modify Section 5, Staffing as follows:
Staffing: Article 39 — Section A shall be amended to provide for 12 Fire
Captains, 15 Fire Engineers, 15 Firefighters, 1 Fire Mechanic, 2 Fire hrspectors, 1
Hazardous Materials Coordinator, and 20 Paramedics within the ranks of Captain,
Engineer, and Firefighter. One Paramedic Captain will be assigned per shift.
CITY OF SAN LUIS OBISPO
J ALL
Monica M. Moloney
Director of Human Resources
Wolfg ng Knabe
Fire Chief
Ken ampian
City Administrative Officer
INTENATIONAL ASSOCIATION OF
FIREFIRGHTERS, LOCAL 3523
Michael King
President
Erik Baskin
Secretary
R
SUPPLEMENTAL MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF SAN LUIS OBISPO
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
This Supplemental Memorandum of Agreement (SMOA) implements a trial Constant Staffing
Program and amends, in part, the Memorandum of Agreement (MOA) for the period of July 1,
2001 through December 31, 2005.
The City and Association agree:
1. Trial Period: A trial Constant Staffing Program will commence no later than February
1, 2004. The trial program will end February 1, 2005 unless extended for twelve months
by agreement of the parties. If extended, the trial program will end February 1, 2006
unless made permanent or further extended by agreement of the parties. Either the City or
Association may give notice to the other of problems/issues, which have developed in the
program. Within thirty (30) days following any such notice, the Fire Chief and the
Association shall meet to resolve the problems/issues. The City and the Fire Chief retain
the right to cancel or continue the trial period after the 30 day resolution period.
2. Firefighter Positions: Three vacant Firefighter positions shall be frozen (not filled)
J
during the trial of this program.
3. Vacation: Article 20 — Section M shall be amended to provide for maximum vacation
cash out of 150 hours. The number of vacation slots available shall increase to two,
except for the Christmas, New Year's and Thanksgiving holidays, which shall remain at
one slot. Additional vacation slots may be made available if mandatory overtime will not
be required to fill the shift.
4. Work out of Grade: Article 15, Paragraph 2 shall be amended as follows:
Employees not eligible for the step increase (under 10 days) shall receive compensation
on the following basis:
Hours Worked
0-5 hours, 59 minutes
6-11 hours, 59 minutes
12-24 hours
Compensation Earned
0
1 hour, paid at ST
2 hours, paid at ST
Each calendar quarter, employees may elect to receive payment only (not equivalent time
off) for all previously accrued CTO at straight time.
5. Staffing: Article 39 — Section A shall be amended to provide for 12 Fire Captains,
15 Fire Engineers, 15 Firefighters, 1 Fire Mechanic, 2 Fire Inspector, 1 Hazardous
Materials Coordinator, and 18 Paramedics within the ranks of Captain, Engineer, and
Firefighter. Section F shall be amended to provide department minimum staffing to a
total of 14, including Battalion Chief.
6. Overtime Call Back: Overtime call back shall be as follows:
First Option — Rank for rank, including a minimum of four paramedics. (Prior to a
mandatory call back, Fire Captains with paramedic certification will be offered the
opportunity to work as a Paramedic. Compensation will be paid as out of grade pursuant
to Section 4, above.)
Second Option — Certified actors. (Until such program is developed and agreed upon by
both parties, all members currently authorized to act out of grade either above or below
their rank shall be deemed as certified actors).
Third Option — Mandatory rank for rank (On duty personnel may be reassigned, if
necessary, to minimize the need for acting, and/or mandatory overtime call backs; taking
into account the need to meet Department minimums such as Officer and Paramedic
staffing coverage levels.
Except as modified herein, the MOA between the City and Association remains in full force and
effect. Should the trial period be canceled or not extended, the modifications to the MOA
contained in this SMOA shall cease and the original MOA language shall be reinstated.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOICATION OF
FIREFIGHTERS LOCAL 3523
Bill Avery, City Consultant
�.���-Cyr•
Monica M. Moloney, Director o HR
Tony Spitaleri, Chief Neg t
King, President
EXHIBIT A
R• 9519 1' (g I (�
ADDENDUM
i
TO THE 2001-05 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3523
A. PURPOSE OF THIS ADDENDUM
Article 19 of the 2001-05 Memorandum of Agreement (MOA) allowed negotiations to be re-
opened regarding the City's contribution to the cafeteria plan for 2003, 2004 and 2005.
Additionally, the parties have agreed to transfer the representation of the Fire Inspectors from
the San Luis Obispo City Employees' Association and the Hazardous Material Coordinator
from the unrepresented management group to the International Association of Firefighters
Local 3523 (Union).
This addendum confirms the agreement of the parties to modify the MOA. Except as
modified below, all other terms and conditions shall remain in full force and effect.
B. MODIFICATION OF CONTRIBUTION TO CAFETERIA PLAN
1. Article 19, Health Care Insurance, Section A, is modified as follows:
A. Contribution
Effective in December 2002, for the January 2003 premium, the City agrees to
contribute $675.00 per month for medical, dental, vision and life insurance for
each regular, full-time employee covered by this Agreement.
The City's total Cafeteria Plan contribution will be modified in December 2003
and December 2004 and December 2005 by an amount equal to one-half of the
average percentage change in PERS health plans available in San Luis Obispo
County. For example: if three plans were available and the year to year changes
were +10% +15% +20% respectively, the City's contribution would be increased
by 7.5% (10% + 15% + 20% + 3 = 15% x 1/2).
Effective in December 2003, for the January 2004 premium, the City's
contribution shall increase 5.89 % to $715.00 per month (+17.9% -0.6% + 18.0%
3 = 11.77% x 1/2 = 5.89%).
Addendum To 2001-05 Memorandum of Agreement Page 2
International Association of Firefighters, Local 3523
C. REPRESENTATION OF FIRE INSPECTORS AND HAZARDOUS MATERIALS
COORDINATOR
1. The representation of the classification of Fire Inspectors shall be transferred from the
San Luis Obispo City Employees Association (SLOCEA) to the Union effective January
1, 2003.
2. The representation of the classification of Hazardous Materials Coordinator shall be
transferred from the unrepresented management group to the Union effective May 1,
2003.
3. The Fire Inspectors and Hazardous Materials Coordinator will be eligible for all other
benefits currently afforded the other non -sworn employee represented by the Union.
4. Article 18, Uniform Allowance, is modified to add paragraph G., as follows:
G. Non -Shift employees required to wear City uniforms shall be provided clean
uniforms. A uniform included either one shirt and pants combination or one pair of
coveralls.
5. Article 26, Workers' Compensation Leave, is modified to include the Fire Inspectors and
Hazardous Material Coordinator classifications as eligible for this benefit.
6. Article 29, Retirement, is modified to reflect the 2.7% at 55 retirement formula for all
non -safety personnel, and the City agrees to contribute up to 8% of the non -safety
members' obligation to contribute to PERS.
7. Appendix A, Classifications, is modified to add Fire Inspectors and Hazardous Materials
Coordinator classifications, as follows:
CLASSIFICATION CODE SALARY RANGE
Fire Inspector I
6198
626
Fire Inspector H
6200
630
Fire Inspector III
6202
633
Hazardous Materials Coordinator
6065
617
8. Appendix D, Salary Range Listing is modified to add Fire Inspectors and Hazardous
Materials Coordinator classifications, as follows:
Addendum To 2001-05 Memorandum of Agreement
Page 3
International Association of Firefighters,
Local 3523
Salary Range Listing
July 2003
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-weekly
617
Haz Mat
4,693
4,939
5,199
5,473
5,761
Coordinator
2,166
2,280
2,400
2,526
2,659
626
Fire Inspector 1
3,272
3,444
3,625
3,816
4,017
1,510
1,590
1,673
1,761
1,854
630
Fire Inspector 11
3,630
3,821
4,022
4,234
4,457
1,675
1,764
1,856
1,954
2,057
633
Fire Inspector III
3,925
4,131
4,349
4,578
4,819
1,811
1,907
2,007
2,113
2,224
January
2004
2% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
-� Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
-' 617
Haz Mat
4,786
5,038
5,303
5,582
5,876
Coordinator
2,209
2,325
2,448
2,576
2,712
626
Fire Inspector 1
3,337
3,513
3,698
3,892
4,097
1,540
1,621
1,707
1,796
1,891
630
Fire Inspector 11
3,702
3,897
4,102
4,318
4,546
1,709
1,799
1,893
1,993
2,098
633
Fire Inspector 111
4,002
4,213
4,435
4,668
4,914
1,847
1,945
2,047
2,155
2,268
July 2004
3% Increase
Step 1
Step 2
Step3
Step4
Step 5
Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
612
Firefighter
3,806
4,228
4,451
4,685
4,932
5,191
1,756
1,952
2,054
2,162
-2;276
2,396
615
Fire Engineer
4,578
4,819
5,072
5,339
5,620
2,113
2,224
2,341
2,464
2,594
1
' 616
Fire vehicle
4,694
4,941
5,201
5,475
5,763
Mechanic
2,167
2,281
2,401
2,527
2,660
f
Addendum To 2001-05 Memorandum of Agreement Page 4 '
International Association of Firefighters, Local 3523
617
Haz Mat
4,929
5,188
5,461
5,749
6,052
Coordinator
2,275
2,395
2,521
2,653
2,793
621
Fire Captain
5,351
5,632
5,929
6,241
6,569
2,470
2,600
2,736
2,880
3,032
626
Fire Inspector 1
3,438
3,619
3,809
4,010
4,221
1,587
1,670
1,758
1,851
1,948
630
Fire Inspector II
3,814
4,014
4,226
4,448
4,682
1,760
1,853
1,950
2,053
2,161
633
Fire Inspector III
4,122
4,339
4,568
4,808
5,061
1,903
2,003
2,108
2,219
2,336
January
2005
2% Increase
Step 1
Step 2
Step3
Step4
Step 5 Step 6
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Range
Title
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly
Bi-Weekly Bi-Weekly
617
HazMat
5,028
5,292
5,571
5,864
6,173
Coordinator
2,321
2,443
2,571
2,707
2,849
626
Fire Inspector 1
3,507
3,691
3,885
4,090
4,305
1,618
1,704
1,793
1,888
1,987
630
Fire Inspector 11
3,890
4,094
4,310
4,537
4,775
1,795
1,890
1,989
2,094
2,204
633
Fire Inspector 111
4,205
4,427
4,660
4,905
5,163
1,941
2,043
2,151
2,264
2,383
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
William Avery,
Wendy G rge, Assistant CAO
-'dny taleri, Chief Nego taior
Mike King, President
SIDE LETTER
to tlieJuly2, 2001 — December 31, 2005 Memorandum of Agreement
Between the City of San Luis Obispo and
the International Association of Firefighters, Local 3523
1. DISCIPLINARY PROCEDURE
A. PURPOSE
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is
dependent on a well -disciplined, cohesive organization. The City and Association agree
that occasions will occur when an employee's performance and/or behavior must be
reviewed in order to ensure that the mission of the department is not adversely impacted.
The authority for disciplinary action is outlined in the City of San Luis Obispo's
Personnel Rules and Regulations, 2.36.320. The Personnel Rules and Regulations will
take precedent if there is a conflict between those Rules and Regulations and this Policy
or if not addressed herein.
B. INVESTIGATIONS
It is the responsibility of the Fire Chief, all Chief Officers, and all Company
Officers to maintain discipline and carry out the directive of the department. Any
jincident or behavior which does not conform to City and Fire Department
policies/procedures shall be disciplined in the most appropriate manner.
When the Fire Chief or any Chief/Company Officer either observes or is
reasonably made aware of an incident that may warrant punitive discipline, he/she
must first determine whether an investigation is necessary. Prior to conducting an
investigation of an incident, the Fire Chief or a Chief/Company Officer should
consult with the Human Resources Director, as appropriate. The investigation
shall be conducted in a fair, objective and impartial manner under the rules set
forth in the "Weingarten Rule".
2. When any employee is under investigation and subjected to questioning by his or
her commanding officer or any other member of the department that could lead to
punitive action, the questioning shall be conducted under the following
conditions. For the purpose of this chapter, punitive action means any action that
may lead to dismissal, demotion, suspension, reduction in salary, permanent
written reprimand, or transfer within the Department for purposes of punishment.
Transfer within the Department for the good of the Department or a notice to
correct are excluded from the definition of punitive. -_--
Section B shall not apply to any questioning of an employee in the normal course
of duty, counseling, instruction, or informal verbal admonishment by, notice to
correct or other routine or unplanned contact with, a supervisor or any other
employee, nor shall this section apply to an investigation concerned solely and
1
directly with alleged criminal activities.
a. The questioning shall be conducted at a reasonable hour, preferably at a
time when the employee is on duty or during the normal waking hours for
the employee, unless the seriousness of the investigation requires
otherwise. If the questioning does occur during off -duty time of the
employee being interrogated, the employee shall be compensated for any
off -duty time in accordance with regular department procedures.
b. An employee under investigation has the right to request the rank, name,
and command of the officer in charge of the questioning, the questioning
officers, and all other persons to be present during the questioning. All
questions directed to the employee under questioning shall be asked by
and through no more than two investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration gravity and complexity of the issue being investigated. The
person under questioning shall be allowed to attend to his or her own
personal physical necessities.
d. The employee under investigation shall not be subjected to offensive
language or conduct or threatened with punitive action, except that an
employee refusing to respond to questions or submit to questionings shall
be informed that failure to answer questions directly related to the f
investigation or questioning may result in termination. No promise of
reward shall be made as an inducement to answering any question. The
employer shall not cause the employee under questioning to be subjected
to visits by the press or news media without his or her express consent nor
shall his or her home address or photograph be given to the press or news
media without his or her express consent.
e. The complete questioning of an employee under investigation may be
recorded. If the City records the questioning, the employee shall be
provided a copy of the tape upon request. The employee being
interrogated shall have the right to bring his or her own recording device
and record the questioning. If the employee exercises this right, the City
shall be provided a copy of the tape upon request.
f. Employees who have criminal charges pending regarding an incident
under investigation may assert their constitutional rights during the
investigation. Nevertheless, any employee refusing to -qQQperate in an
investigation is subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative present
during questioning which may reasonably lead to punitive disciplinary
action. A reasonable time to obtain the representative shall be given to the
2
employee. The representative shall not be a person subject to the same
investigation. The representative shall not be required to disclose, nor be
subject to any punitive action for refusing to disclose, any information
received from the employee under investigation.
h. In accordance with State Law, no employee shall be compelled to submit
to a lie detector test against his or her will. No disciplinary action or other
recrimination shall be taken against an employee refusing to submit to a
lie detector test, nor shall any comment be entered anywhere in the
investigator's notes or anywhere else that the employee refused to take, or
did not take, a lie detector test, nor shall any testimony or evidence be
admissible at a subsequent hearing, trial, or proceeding, judicial or
administrative, to the effect that the employee refused to take, or was
subjected to, a lie detector test. For the purpose of this section, "lie
detector" means a polygraph, deceptograph, voice stress analyzer,
psychological stress evaluator, or any other similar device, whether
mechanical or electrical, that is used, or the results of which are used, for
the purpose of rendering a diagnostic opinion regarding the honesty or
dishonesty of an individual.
i. No employee shall have his/her assigned locker searched except 1) in
his/her presence, or 2) with his/her consent, or 3) where he/she has been
notified that a search will be conducted and has failed to respond within a
reasonable timeframe, or notwithstanding the above, 4) when a valid
search warrant has been obtained.
C. POST INVESTIGATION/PRE-DISCIPLINE PROCEDURE
1. Upon the conclusion of an investigation, those conducting the investigation shall
forward the complete investigation to the Fire Chief who in consultation with the
Human Resource Director shall determine the level of discipline that is most
appropriate. The following constitutes the levels of progressive discipline:
Non -punitive Corrective Action
(a) Oral counseling;
(b) Oral reprimand with written documentation;
(c) Notice to Correct — 1 year in file;
(d) Transfer (within the Department) for the good of the Department
(i.e. safety, cohesion).
Punitive Discipline
(e) Official Reprimand - permanent; --_
(d) Suspension/Reduction in compensation;
(e) Transfer (within the Department) for purposes of punishment;
(f) Demotion;
(g) Termination.
3
Note: Deviations from progressive discipline may occur whenever the circumstances
warrant that one or more steps in the progressive disciplinary process be skipped. For
example, suspension or termination may occur as the first level of discipline in
appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel Rules
and Regulations.
3. Corrective action is final.
D. POST -DISCIPLINE APPEAL RIGHTS
The Post -Discipline procedures will be in accordance with, Sections 2.36.340 and
2.36.350 of the Personnel Rules and Regulations except, however, for employees
represented by SLOFA, Local 3523, Section 2.36.340, C shall be modified to provide that
appeals of disciplinary suspensions of two days or less shall have at the employee's
request the right of appeal to either the city administrative officer or to the Personnel
Board, provided the appeal to the Personnel Board is supported in advance by the
Executive Board of SLOFA, Local 3523. Appeals of discipline in excess of two days
shall be made to a hearing officer as set forth in section 2.36.340 B. Appeals to the
Personnel Board will be heard in accordance with Personnel Rules and Regulations
Section 2.36.350 — Disciplinary action — Hearings.
1
i
Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the
threshold for suspensions to the city administrative officer or to alter the appeal process
applicable to members of SLOPOA, the same provisions will be extended to SLOFA,
Local 3523.
E. PERSONNEL FILE
The employee must be given the opportunity to review and sign any document adverse
to his/her interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee, during
usual business hours and with 24 hour notice, with no loss of compensation to the
employee, permit that employee to inspect their personnel files that are used or have been
used to determine that employee's qualifications for employment
If, after examination of the employee's personnel file, the employee believes that any
portion of the material is inappropriately or mistakenly placed in the frlej_the employee
may request, in writing to the Human Resource Director, that the inaccurate or
inappropriate portion be corrected or deleted. Any request made pursuant to this
subdivision shall include a statement by the employee describing the corrections or
deletions from the personnel file requested and the reasons supporting those corrections
or deletions. At the employee's request, the Human Resources Director shall hold an
0
informal hearing to determine the final disposition of any documents in dispute pursuant
to this section. At the hearing, the employee and City appointing authority, may present
evidence and argument in support of their respective positions. The Human Resource
Director's decision as to the disposition of the request is final with no further
administrative appeal.
CITY OF SAN LUIS OBISPO
-Icu.z
-ok 11b
Monica M. Moloney
Director of Human Resources
� VV`
Wolfgan Knabe
Fire Chief
i %
i
Ken pian
City Administrative Officer
INTENATIONAL ASSOCIATION OF
FIREFIRGHTERS, LOCAL 3523
G�
Michael King
President
Erik Baskin
Secretary
RESOLUTION NO. 9213 (2001 Series)
A RESOLUTION OF THE 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 Departments of Public Works and parks & Recreation have identified
equipment no longer needed by the City.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis as
follows:
SECTION 1. The following items are no longer needed by the City and are surplus
property;
1. One Markrite airless line striper
2. A Sullair 7.5 hp air compressor, Model Number XL215TTTL7026ARL
3. Three (3) Bennett gas pumps, Model #3722
4. One Risograph copy machine, Model RC6300
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 Council Member Schwartz, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17'h day of July 2001.
Mayor Allen Settle
Lee Price, City Clerk
APPROVED AS TO FORM
N I�UN.�, -,
111 �!
R 9213
,�,�'�'`� O O
C� O
RESOLUTION NO. 9212 (2001 Series)
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AND TO RESCIND
RESOLUTION NO. 9191 (2001 SERIES)
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may elect
to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the
adoption by the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21574 (Fourth Level of 1959
Survivor Benefits) and Section 21024 (Military Service
Credit as Public Service) for local miscellaneous
members.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Luis Obispo as follows:
SECTION 1. Resolution No. 9191 (Series 2001) is herewith rescinded.
SECTION 2. The governing body of the above agency does hereby give notice of
intention to approve an amendment to the contract between said public agency and the
Board of Administration of the Public Employees' Retirement System, a copy of said
amendment being attached hereto as "Exhibit A" and by this reference made a part hereof.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Ewan, and on
the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17`h day of July 2001.
R 9212
Resolution 9212 (2007 Series)
Page 2 of 2
Lee Price, City Clerk
APPROVED AS TO FORM:
Resolution No. 9212 (2001 Series)
Exhibit A
Page 1 of 4
CaIPERS
EXHIBIT
California
Public Employees' Retirement System
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of San Luis Obispo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October
3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978,
January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987,
November 16, 1989, August 8, 1993, November 5, 1999, January 1, 2000 and July 6,
2000 which provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective July 6, 2000, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1952 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
esojutipp,NQ: 9212 (2001 Series)
Exhibit A
3. Employees of Public Agency in the following classes Age Wome
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. CROSSING GUARDS.
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members and local police members only.
C. Sections 21624, 21626 and 21628 (Post- Retirement Survivor
Allowance) for local safety members only.
d. Section 20965 (Credit for Unused Sick Leave)
e. Section 20042 (One -Year Final Compensation) for local
miscellaneous members; for those local fire members entering
membership on or prior to July 1, 1986; and for those local police
members entering membership on or prior to July 23, 1987.
C
Resolution No. 9212 (2001 Series)
Exhibit A
f. Section 20475 (Different Level of Benefits Provid &90 OfAw
Employees). Section 20042 (One -Year Final Compensation) is not
applicable to local fire members entering membership after July 1,
1986 and to local police members entering membership after July
23, 1987.
g. Section 20903 (Two Years Additional Service Credit).
h. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
June 1, 1976. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local police members and local miscellaneous members.
C. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
O 0
Resolution No. 9212 (2001 Series)
Exhibit A
11. Contributions required of Public Agency and its employEes�gfl4be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SAN LUIS OBISPO
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT
PERS- CON -702A (Rev. 8196)
BY
PRESIDING OFFICER
Witness Date
Attest:
Clerk
2 c o
1�
/1 O
RESOLUTION NO. 9211 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE APPLICATION FOR GRANT FUNDS THROUGH THE SAFE
NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2000.
WHEREAS, the voters of California passed the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of 2000 (Villaraigosa- Keeley Act). This
act authorized the California Integrated Waste Management Board to establish a grant
program to:
Assist local agencies in meeting the state and federal accessibility standards relating
to public playgrounds; and
Conserve resources and develop markets for recycled- content materials and
equipment; and
WHEREAS, the California Integrated Waste Management Board has been
delegated the responsibility for the administration of the program within the State, setting up
necessary procedures governing program applications; and
WHEREAS, said procedures established by the California Integrated Waste
Management Board require the City to certify by resolution approval of the application
before submission of said application to the State; and
WHEREAS, if awarded a grant, the City will enter into an agreement with the State
of California for development of the project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo authorizes the submittal of an application to the California Integrated Waste
Management Board for a 2001 -02 Park Playground Accessibility and Recycling Grant
Program. The City Administrative Officer or his designee is hereby authorized and
empowered to execute for the City all necessary applications, contracts, agreements,
amendments and payment requests hereto for the purposes of securing grant funds and to
implement and carry out the purposes specified in the grant application.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Ewan, and on
the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17'h day of July 2001.
R 9211
Resolution No. 921.1 ,,,001 Series)
Page 2 of 2
APPROVED AS TO FORM:
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RESOLUTION NO. 9210 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING NEW STANDARDS FOR STREET NAME
SIGNS
WHEREAS, the City Council recognizes that street name signs serve the public; and
WHEREAS, street name signs are an important part of the streetscape of the City; and
WHEREAS, the Council has studies the various alternative designs of street name signs;
and
WHEREAS, the Council has determined the appropriate street name sign design.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
The Street Name Sign Standard Drawing #7250 attached hereto, marked "Exhibit A ", is
hereby adopted, as revised in July, 2001.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Ewan, and on the
following roll call vote:.
AYES: Council Members Marx,
Mayor Settle
NOES: None
ABSENT: None
Mulholland, Schwartz, Vice Mayor Ewan and
The foregoing resolution was adopted this 17`h day of July 2001.
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Allen K.
R 9210
U
a�a.pv LLL LLVLL 7L1
D G�
B C (min) C (min.)
F�
1 _
C (min.) —I CENTER OVER
NUMBER AND ARROW
l&A
LiAii.LUlL h
Page 7 o
D R
E
H
IM
INTERSECTION
TYPE
SIGNALIZED WITH MAST ARM MOUNTS
POLE MOUNTS
Arterial / Arterial
Downtown and All Other
All
Material
See CalTrans Std ES 70
Single blade aluminum - 5052 H38 .156 double -faced
A
NA
13
None
B
NA
13
10
C
Center name in frame
Center name in frame
10
D
75 min.
75 min.
50-75
E
NA
NA
50
F
200
200
100
H
NA
450
200
W
NA
750 - 2500 max.
750 - 2500 max.
R
NA
50
25
G
NA
NA
75
NOTES:
1. Mast Arm signs display street name only, one sign per travel direction.
2. Color: Brown (Avery Brown #3109 or approved equal) background, reflective white letters and
arrow. All non - internally illuminated signs to be prepared with reverse screening. Reflective
white lettering shall be 700 - candle power, "VIP" sheeting. All pole mounted signs shall have
anti- grafitti clear coating. (Avery AL 1000 or approved equal)
3. Font: Libra (letter height = tall letters / short letters)
4. Arrow on pole mount signs points in the direction that addresses increase.
5. All dimensions noted are in millimeters.
6. Mounting: See Engineering Standard #7210 for mounting on poles. See CalTrans Standard
ES 70 and ES 7D for mast arm mounting and clearance requirements.
7. Sign width '1M' to be 750 min. and increased as required in 150mm increments to 2500mm max.
8. "C" is measured to top and/or bottom of tall letters.
9. Mast arm signs are additive to pole mount signs at signalized locations.
10. One set of pole mounts per intersection except two in central business district when no signal present.
REVISIONS
BY
APP
I DATE
CITY Of
I�pilrm�',�ivIJS1'
yllJll
REVISED
Notes 9 &' 10; mounts
JDL
WAP
5 -01,
Replaces
/7240
JDL
WAP
7- 00tVV61
LUIS
STREET NAME SIGN
New standard
JDL
WAP
7_00
OBISPO
7250
STANDARD CURRENT AS OF: July 2001
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F,��
rye
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RESOLUTION NO. 9209 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A TENTATIVE PARCEL MAP FOR A FIVE -LOT
COMMERCIAL SUBDIVISION AT THE SOUTHWEST CORNER OF
TANK FARM ROAD AND BROAD STREET;
4041 BROAD STREET (MS 148 -00; COUNTY FILE NO. SL 00 -0320)
WHEREAS, the Planning Commission conducted a public hearing on June 13, 2001, and
recommended approval of Tentative Parcel Map (MS 148 -00); and
WHEREAS, the City Council conducted a public hearing on July 10, 2001 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff, and
WHEREAS, the City Council finds that the subdivision is consistent with the General Plan,
the Subdivision Regulations, the Zoning Regulations and other applicable City ordinances; and
WHEREAS, the City Council approved the Mitigated Negative Declaration and mitigation
monitoring program as prepared by staff and reviewed by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based on all of the evidence, the Council makes the following
findings:
The subdivision map is consistent with the City's General Plan.
2. The design or improvements of the proposed subdivision is consistent with the general plan.
3. The site is physically suited for the type and density of development allowed in the C -S -PD
zone.
4. The design of the subdivision and the proposed improvements are not likely to cause serious
health problems, substantial environmental damage or substantially and unavoidably injure
fish or wildlife or their habitat.
5. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of property within the proposed
subdivision.
SECTION 2. The tentative map for Parcel Map 148 -00 (County File no. SL 00 -0320) is
approved subject to the following conditions:
R 9209
Resolution 9209 (2001 Series)
Page 2
1. All City Council approved mitigation measures contained in the Initial Study and Mitigated
Negative Declaration are included as conditions of approval, and are incorporated herein by
reference.
2. Tentative Parcel Map 148 -00 (County Map SL 00 -0320) shall not be effective until
annexation of the property has been completed. If annexation is not completed within two
years, then the tentative map shall be null and void.
3. Tentative Parcel Map 148 -00 (County Map SL 00 -0320) shall not be effective until the City
has approved the street design for Tank Farm Road and Caltrans has approved the design for
State Route 227 (Broad Street). If. the alignments and widths of said streets are not
approved, a final map shall be required for the parcel map, consistent with the State of
California Subdivision Map Act (Sections 66425 and 66426).
4. As proposed the lot lines appear to be flush with the face of the buildings. Under UBC
section 503 exterior openings such as windows, doors, entryways or otherwise may not
occur. The parcel map and building footprints shall be comply with all applicable building
code requirements.
5. The blanket easement shall include drainage.
6. The Applicant shall submit a Street Improvements & Striping Plan that incorporates the
following features into the design and layout of Tank Farm Road and Broad Street (SR 227)
project frontages.
CI
Resolution 9209 (2001 Series) `J
Page 3
Tank Farm Road Facilities
Type and Number
Width (meters)
Approximate Length
meters
South Side of Street
One 1 eastbound right-turn lane Broad
3.5 m
100 m
One (1) eastbound bicycle slot located between
1.2 in
As shown in Cal-trans
right turn lane and Number 2 through lane per
Specs
Caltrans standards
Two 2 eastbound through traffic lanes
3.5 in each
Continuous
Two (2) eastbound left turn lanes @ Broad
3.3 m each
loom
with raised landscaped median nose **
1.2 m median nose
w/landsca in
One (1) raised median separating eastbound
1.2 in median
Where possible, Across
left turn lanes from westbound through and le
w/landscaping
Tank Farm Rd.
turn lane into project western driveway with
Frontage
"shy" distances provided on either side of
0.6 m shy distance each
median * **
side
One (1) Class II bike lane adjoining the curb
2 m
Across Tank Farm Rd.
exclusive of the eastbound ri t turn lane).
Frontage
One (1) landscaped parkway with detached
1.2 m parkway
Across Tank Farm Rd.
sidewalks
2.5 in sidewalk
Frontage
North Side of Street
One (1) westbound left turn lane into project's
3.3 in
12 in
western driveway (see above for total median
width
Two 2 westbound through traffic lanes
3.5 m each
Continuous
One 1 Class II bike lane adjoining the curb
2 in
Continuous
One (1) landscaped parkway with detached
2.0 in parkway
Continuous
sidewalks
2.5 m sidewalk
Total Estimated Right-of-Way Broad Street: 33.2 - 39.0 meters
** Median nose should be designed to provide a pedestrian refuge /cut through where it intersects the
crosswalk that extends across Tank Farm Road at Broad Street.
* ** Full -width median (as recommended by draft Airport Area Specific
Plan) shall be provided in an
transition area between eastbound left turn lanes (at Broad) and
westbound left turn lane (a
project's western driveway).
Broad Street Fronta a **
One (1) southbound Class II bicycle lane
1.5 in bike lane
Continuous
adjoining the curb, or a paved shoulder with curb
or
parking prohibited.
2.4 m shoulder
w /curb parking
prohibited
One (1) landscaped parkway with detached
2 m parkway
Continuous
sidewalks
1.5 m sidewalk
** The design and configuration of all improvements within the Broad Street (SR 227) right -of-wa
shall be to the approval of Caltrans.
C I
Resolution 9209 (2001 Series)
Page 4
The Street Improvements & Striping Plan shall:
• Clearly show the location of all existing right -of -way boundaries along all four
quadrants of the Tank Farm — Broad Street intersection extending across the project's
frontages.
• Demonstrate how the ultimate conffguration of the street will align with Tank Farm
Road's eastern leg.
• On a separate plan sheet, present an interim striping plan for lanes and median
improvements across the project's Tank Farm Road frontage and transitioning to the
west that applicant shall implement at the time that the project is constructed (assuming
property on the north side of Tank Farm Road has not commenced).
• Demonstrate how the proposed ultimate alignment will transition to the cross sectional
design for Tank Farm Road proposed by the Draft Airport Area Specific Plan west of
the project site.
Upon approval of the Street Improvements and Striping Plan by the Director of Public
Works, frontage improvements on Tank Farm Road shall be constructed consistent with
their ultimate location as approved by the Director of Public Works. Said improvements
shall include all necessary curb & gutter, sidewalk, landscaping, street tree planting, street
paving, median installation, traffic signal equipment relocation and upgrade and other utility
appurtenance relocation/removal.
9. In order to accommodate ultimate access locations along Tank Farm Road, the Developer
shall dedicate an irrevocable offer of a 7.5m [25ft.] reciprocal access easement from the
proposed westemmost driveway on Tank Farm Road to the adjacent parcel located
immediately west of the project site, to the satisfaction of the Public Works and Community
Development Directors.
10. Vehicular access rights to Tank Farm Road and Broad Street shall be dedicated to the City,
except at approved driveway locations.
11. Developer shall install a bus turnout on Broad Street (including shelter, lighting, sign and
trash receptacle) to City standards, to the satisfaction of Caltrans and the Director of Public
Works.
12. In order to mitigate the potential for left-turn vehicle conflicts along Broad Street resulting
from the installation of the proposed northernmost driveway, the project shall install a raised
landscaped median 1.2m [4ft.] minimum in width that will restrict the driveway to right turn
in- and -out only. Said median will extend from the intersection of Tank Farm Road to a
minimum of 30m south of the proposed driveway.
Resolution 9209 (2001 Series)
Page 5
13. Street improvements on Broad Street are subject to review and approval by Caltrans. Broad
Street frontage improvements shall consist of a 1.5m [5 ft.] wide detached sidewalk and
landscaped parkway. Developer may be required to install median improvements, identified.
in the traffic study (see Transportation comments), to the satisfaction of Caltrans and the
Director of Public Works.
14. All overhead utilities within and adjacent to this project shall be placed underground as a .
condition of development, to the satisfaction of the respective utility companies and Public
Works Director.
15. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the
Director of Public Works and Caltrans (Broad Street). The design of said lighting systems
shall be coordinated by the developer between the City and PG &E so as to minimize the
amount. of City owned conduit and wiring system, to the satisfaction of the Director of
Public Works.
16. Individual water, sewer, gas, electric, telephone and cable TV services shall be installed to
each lot.
17. The developer shall design and construct all public mains (water, sewer, gas, etc.) within the
adjacent street frontages necessary to provide services to the subject property and consistent
with the City's goals and objectives for utility extension in this area, to the satisfaction of the
Director of Public Works and Utilities Director.
18. The developer shall submit a hydraulic analysis of the impacts and effects that site
improvements may have on adjacent and downstream properties. All drainage improvement
shall be designed consistent with the criteria established in the County's Drainage study for
the Airport Area.. The subject property is not located in a designated flood zone but
consideration must be made regarding any contributing factors to the nearby downstream
flood zone.
19. Street trees are required to be planted per City Standards (the number of trees is determined
by one tree per 35 linear feet of street frontage). Species: Coast Live Oak (15 gallon) or
Deodar cedar (15gallon).
20 Upon approval of the public improvement plans, the developer's engineer shall submit said
plans in a computer format compatible with the City's system. All boundary monuments,
lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal
Control Network. At least two control points shall be used and a tabulation of the
coordinates shall be submitted with the plans. The appropriate data shall be submitted to the
Director of Public Works on a computer disk and shall be compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information. System (GIS) purposes.
21. The public improvement plans and specifications shall use the International System of Units
(metric system).
Resolution 9209 (2001 Series)
Page 6
22. The irrigation systems for common areas, parks, detention basins, and other large landscape
areas shall be designed and constructed in accordance with the standards for reclaimed water
use. The reclaimed water distribution system is being designed to pass through the
intersection of Tank Farm Road and Broad Street. The proposed irrigation system shall be
designed and constructed to reclaimed water standards, and temporarily connected to the
City's potable water system in the area of the anticipated connection to the reclaimed water
system. Once the reclaimed water mains are constructed and placed into service, the
irrigation system for the project will be disconnected from the City's potable water system
and tied over to the reclaimed water system. Appropriate backflow protection shall be
installed with this project to the satisfaction of the County Cross Connection Inspector. The
property owner shall maintain parkway landscaping.
SECTION 4. Effective Date: Tentative Parcel Map 148 -00 (County file no. SLO) shall
take effect on the effective date of the final annexation and PD rezoning.
On motion of Mayor Settle, seconded by Council Member Schwartz, and on the following
roll call vote:
AYES: Council Member Schwartz, Vice Mayor Ewan, and Mayor Settle
NOES: Council Members Marx and Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 10h day of July 2001.
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RESOLUTION NO. 9208 (2001 Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY
COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION
COMMISSION APPROVE ANNEXATION NO. 67
AT 4041 BROAD STREET; CANNON OFFICE PARK ANNEXATION
(ANNX 148 -00)
WHEREAS, the Planning Commission and City Council have held public hearings
on the proposed Cannon Office Park Annexation; and
WHEREAS, the City Council on July 10, 2001, by Resolution No. 9207 (2001
Series), approved the Mitigated Negative Declaration for the proposed annexation,
prezoning and preliminary development plan, pursuant to the California Environmental
Quality Act Guidelines. Section 15090; and
WHEREAS, on recommendation of the Planning Commission and as a result of its
deliberations, the Council on July 10, 2000, by Ordinance No. 1394 (2001 Series) approved
the prezoning for the annexation of property known as the Cannon Office Park Annexation;
and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo
County Local Agency Formation Commission to initiate formal annexation proceedings;
and
WHEREAS, the territory to be annexed is uninhabited, and a description of the
boundaries of the territory is set forth in Section 2; and
WHEREAS, this proposal is consistent with the sphere of influence of the affected
city;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1: Findings.
The annexation is appropriate since the site is contiguous to the City and is within
the urban reserve line of the City.
2. The annexation of the site is a logical addition to the City due to its location in
relation to existing urban development and city services.
3. The annexation is consistent with the goals and policies of the City's General Plan.
SECTION 2: Annexation Area Described. The Cannon Office Park Annexation
consists of that area, including approximately 7.1 acres at the southwest corner of Broad
R 9208
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Resolution No. 9208 (2001 Series)
Page 2 of 2
Street and Tank Farm Road, in the County of San Luis Obispo, as shown on the attached
map, Exhibit "A," and legally described in the attached Exhibit `B."
SECTION 3: Council Recommendation. The City Council recommends that the
Local Agency Formation Commission of San Luis Obispo County approve the proposed
annexation subject to property owner compliance with City requirements regarding
environmental mitigation and public improvements as described in the project's Mitigated
Negative Declaration and preliminary development plan, in accordance with California
Government Code Section 56844 et seMC . subject to the following conditions:
All City Council approved mitigation measures contained in the Initial Study and
Mitigated Negative Declaration are included as conditions of approval, and are
incorporated herein by reference.
2. The applicant shall contribute to the cost of preparing the Airport Area Specific Plan
and constructing area -wide infrastructure improvements, according to the cost-
sharing plan maintained by the City.
SECTION 4: Implementation. The City Clerk shall forward a copy of this
resolution and prezoning actions, the Mitigated Negative Declaration, and all pertinent
supporting documents to the Local Agency Formation Commission.
On motion of Mayor Settle, seconded by Council Member Schwartz, and on the
following roll call vote:
AYES: Council. Member Schwartz, Vice Mayor Ewan, and Mayor Settle
NOES: Council Members Marx and Mulholland
ABSENT: None
City Clerk Lee Price
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and adopted this 10`h day of Julv 2001.
Mayorilen Settle
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City of San Luis Obispo
Annexation #67
Cannon Corporate Center
Legal description
�tesolution No. 9208
:xhibit B Page 1 of
All that land in the County of San Luis Obispo, State of California referred to as Parcel "B" of Lot Line Adjustment
AL 78 -54, as approved by the Board of Supervisors on January 22, 1979 and described by Certificate of Compliance
recorded April 24, 1979, filed in Volume 2148, Page 800 of Official Records in the office of the Recorder for said
County, being a portion of Lots 80 and 81 of the San Luis Suburban Tract as shown on the map of said Tract filed in
Book 1, Page 92 of Licensed Surveys in the office of the Recorder for said County, and portions of the adjoining
highway and.streets more particularly described as follows:
Beginning at the Southwesterly comer of said Parcel "B ", accepted as being marked by a yi' rebar capped L.S. 3877
according to that map filed in Book 36, Page 55 of Licensed Surveys in the office of the Recorder for said County;
Thence, along the westerly boundary of said Parcel 'B ", North 24° 49' 48" West, 510.79 feet to the northwest
corner thereof, being a point on the northerly boundary of said Lot 81 at the southerly boundary of the Tank Farm
Road right -of -way as shown on said map filed in Book 36, Page 55 of Licensed Surveys;
Thence, across the Tank Farm Road right -of -way, North 24° 49' 48" West, 66.00 feet to the northerly boundary of
that road dedication accepted by Resolution No. 86 -383 of the Board of Supervisors as filed in Volume 2885, at
Page 707 of Official Records in the office of the Recorder for said County;
Thence; along the northerly boundary of said road dedication, North 65° 09' 13" East, 513.95 feet to the westerly
boundary of the State Highway 227 right -of -way as shown on that right -of -way map of Hwy 227 referred to as SLO
Route 227, Post Mile 11.0, Sheet 14, of 21, on file with the State of California, Department of Transportation,
District 5, Right -of -Way Department in San Luis Obispo, CA;
Thence along the westerly boundary of said State Highway 227 right -of -way, North 18° 21' 26" East, 15.00 feet to
an apex at 80 feet left of centerline station 198 +75, being a point that lies on the existing boundary of the
incorporated City of San Luis Obispo, Annexation NO. 53 as adopted by CITY COUNCIL RESOLUTION
NO. 8903 (1999 Series);
Thence, along the existing boundary of the incorporated City of San Luis Obispo, and across a portion of said State
Highway 227 right -of -way, South 25° 20' 58" East, 125.00 feet to an angle point in the westerly boundary of said
State Highway 227 right -of -way at 80 feet left of centerline station 197 +50 as shown on said right -of -way map;
Thence, continue along the westerly boundary of said State Highway 227 right -of -way and along the existing
boundary of the incorporated City of San Luis Obispo, South 390 21' 11" East, 102.69 feet to an angle point at 55
feet left of centerline station 196 +50;
Thence, southeasterly, along a non - tangent curve concave to the west with a radius of 6945.00 feet from a radial
bearing South 65 °01'35" West, through a central angle of 02 °55'55 ", an arc length of 355.39 feet to the southeast
comer of said Parcel B;
Thence, leaving the existing boundary of the incorporated City of San Luis Obispo and leaving the westerly
boundary of said State Highway 227 right -of -way, South 64° 18' 13" West, 542.96 feet to the "Point of
Beginning"
Containing 7.1 acres more or less
End Description
Prepared by:
Daniel S. Hutchinson, L. S. 5139 (exp. 6/30/99)
Date:
000801 /survey /phase info /Legal Descriptions /Annexation LEGAL
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RESOLUTION NO. 9207 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PROGRAM FOR THE CANNON OFFICE
PARK PROJECT LOCATED AT 4041 BROAD STREET
ANNX/PD/MS /ARC/ER 148-00
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on June 13, 2001 to consider the Initial Study, the draft Mitigated Negative Declaration and
associated mitigation monitoring program for Application No. ANNX, PD, MS, ARC 148 -00; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has considered the
Initial Study, the draft Mitigated Negative Declaration and Mitigation Monitoring Program for
project and recommended City Council adoption of the environmental documents; and
WHEREAS, the City Council conducted a public hearing on July 10, 2001, and has
considered testimony of interested parties, the records of the Planning Commission hearing action,
and the evaluation of the recommendation of staff,
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact and the mitigation monitoring program (ER 148 -00) prepared by staff and
reviewed by the Planning Commission; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
The Mitigated Negative Declaration and mitigation monitoring program have been
completed in compliance with the California Environmental Quality Act and the CEQA
Guidelines.
2. The project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the
Commission.
SECTION 2. Action. The Council hereby adopts said Mitigated Negative Declaration and
incorporates the following mitigation measures into the project:
Final project design shall require architectural review to assure that impacts to scenic
resources are adequately addressed. The ARC will review site design, building architecture,
2. 9207
Resolution No. 9201 (2001 Series) �)
Page 2 of 5
building materials, colors, grading, lighting, landscaping and signage for consistency with
the General Plan goals and policies for view shed protection:
2. Future development shall include the following operational mitigation measures:
• A transit turnout and shelter shall be constructed with direct pedestrian access to and from
the facility
• Provide on -site bicycle parking
• Include designated car -pool parking spaces at a rate of 1:25
• Provide shower and locker facilities to encourage employees to bike and/or walk to work
• Shade tree planting along the southern exposures of buildings to reduce summer cooling
needs
• Use double -paned windows
• Use sodium parking lot and street lights
If excavations encounter significant paleontological resources, archaeological resources or
cultural materials, then construction activities, which may affect them, shall cease until the
extent of the resource is determined and the Community Development Director approves
appropriate protective measures. The Community Development Director shall be notified of
the extent and location of discovered materials so that a qualified archaeologist may record
them.
4. If pre - historic Native American artifacts are encountered, a Native American monitor should
be called in to work with the archaeologist to document and remove the items. Disposition
of artifacts shall comply with state and federal laws. A note concerning this requirement
shall be included on the grading and construction plans for the project.
Future site development shall incorporate the following as feasible:
• Skylights to maximize natural day lighting.
• Operable windows to maximize natural ventilation.
• Energy - efficient lighting systems for both interior and exterior use.
6. Detailed soils engineering report shall be submitted as part of any grading and building
permit application. The soils report shall include data regarding the nature, distribution and
strength of the existing soils, conclusions and recommendations for grading procedures and
design criteria for corrective measures, when necessary. Grading and building must be
designed and performed in compliance with the soils engineering report and the City's
grading regulations.
A detailed hydrological study will be required prior to issuance of a building and grading
permit to ensure that the basin is designed to City Standards. In addition, the project must
comply with City Flood Prevention and Grading Regulations.
8. Oil and sand separators or othet filtering media shall be installed at each drain inlet
intercepting runoff as a means of filtering toxic substances from run off before it enters the
U �
Resolution No. 9207 (2001 Series)
Page 3 of 5
creek through the storm water system. The separators must be regularly maintained to
ensure efficient pollutant removal.
To be consistent with Land Use Element policy 6.4.7 regarding porous paving, the project
shall comply with the parking.and driveway standards for landscaping and use porous
paving for any patio.
10. Plans submitted for consideration by the Architectural Review Commission must clearly
demonstrate how the new buildings will meet the minimum requirements of the City's Flood
Damage and Prevention Regulations, and how any necessary revisions, such as a change in
finish floor elevation, to the preliminary plans submitted for the rezoning and environmental
review application will affect ADA requirements and building height.
11. Future site development approvals shall include the following conditions:
• Soundproofing shall be added to reduce indoor noise from airport operations, where
required by the City's Noise Element and the San Luis Obispo County Airport Land Use
Plan.
• The property owner shall grant an avigation easement for the protection of the San Luis
Obispo Airport, the City of San Luis Obispo and the County of San Luis Obispo.
• All project occupants and land uses shall comply with.the compatible land use matrix of the
San Luis Obispo Airport Land Use Plan (i.e. churches may not be allowed).
• All exterior lighting shall be shielded down - lights that do not shine skyward.
12. All outdoor amenities including employee eating and recreation areas shall be located and
designed so that the building placement itself and distance from noise sources attenuates
noise levels.
13. A noise study shall be prepared to verify compliance with City noise standards and. if
additional measures are required. The findings and recommendations of said study shall be
incorporated into the project design or building construction.
14. The traffic study of the car wash/service station recommends the following traffic and.
transportation improvements for implementation of the project:
• The Tank Farm -East Driveway should be limited to right -turn in and right -turn out only.
• The Broad Street -North Driveway should allow for all turning movements, except left -turns
out of the driveway.
• The Tank Farm -West Driveway and Broad Street -South Driveway should provide access
for all tuming movements into and out of the project site.
• Separate left -turn and right -turn lanes should be provided at the Tank Farm Road -West
Driveway and at the Broad Street -South Driveway.
• Construct a left -turn pocket and the appropriate median transition, with a 50 -foot storage
length, for the westbound left -turn into the Tank Farm Road -West Driveway /Access Road.
This will require necessary roadway widening and paved .sections for the left -turn median
and through -land westbound.
Resolution No. 9207 (2001 Series)
Page 4 of 5
• Provide a separate right -tum lane at the intersection of Tank Farm Road/Broad Street as part
of the roadway improvements associated with the site frontage on Tank Farm Road. This
would include provision for the existing bike lane along the site frontage.
• Provide for pavement treatment and re- striping along the site frontage on Broad Street (SR
227) to provide two through -lanes southbound from Tank Farm Road intersection to a
transition south of the existing site boundary. This would provide deceleration and
acceleration lanes for right - taming vehicles as a first phase before widening improvements
to. SR 227 in the long -term.
• Provide adequate pavement width for the existing bike -lane along the project site frontage
on Broad Street (SR 227).
• Cumulative traffic mitigation will be provided through payment of traffic impact fees.
• Provide the necessary right -of -way and easements essential to the implementation of the SR
227 concept report improvement package.
15. The northernmost driveway on Broad Street shall be restricted to right turn in- and -out only
by extending the raised median island a minimum of 20 m south of the driveway location, or
consistent with a configuration approved by the Public Works Director and California
Department of Transportation.
16. The eastern most project driveway on Tank Farm Road shall be relocated to a minimum of
100m from the intersection of Broad Street to maximize length of the right -turn lane at
Broad Street, or a location approved by the Public Works Director.
17. The applicant shall prepare and submit a design for the ultimate configuration of Tank Farm
Road to serve traffic volumes anticipated by full development within the City's urban
reserve line. The final design shall include additional eastbound through traffic lane and
bicycle lanes along Tank Farm Road. The applicant shall install frontage improvements
along the project's Tank Farm Road frontage consistent with the ultimate street design
approved by the Director of Public Works. At a minimum, these improvements will include
all project - specific mitigation requirements, and also, the addition of dual left -turn lanes, and
receiving lanes, for eastbound Tank Farm Road and northbound Broad Street at the Tank
Farm Road -Broad Street intersection.
18. The applicant shall prepare and submit to the Director of Public Works a design for the
ultimate configuration of Tank Farm Road to serve traffic volumes anticipated by full
development within the City's urban reserve. The draft design submitted by the applicant
(dated 4 -3 -01) shall be amended to accommodate an additional eastbound through traffic
lane and bicycle lanes along Tank Farm Road. Applicant shall install frontage
improvements along the project's Tank Farm Road frontage in their ultimate location,
consistent with the ultimate street design approved by the Director of Public Works.
19. To encourage pedestrian circulation on -site as well as off -site, the final design shall include
walkways connecting on -site buildings as well as adjoining properties.
20. Final design shall include walkways connecting onsite buildings and adjoining properties to
encourage pedestrian circulation.
Resolution No. 9207 (2001 Series)
Page 5 of 5
21. Future site development shall include a solid waste recycling plan for recycling discarded
building materials, such as concrete, sheetrock, wood, and metals, from the construction site.
The Community Development Director must approve the plan by prior to building permit
issuance.
22. Existing and future site development shall incorporate convenient facilities for interior and
exterior on -site recycling. A description of current recycling efforts and any plans to expand
those efforts shall be submitted to the Community Development Department prior to City
Council review of the annexation request.
SECTION 3. The Council hereby approves the mitigation monitoring program in
accordance with Section 21081.6 of the California Public Resources Code.
On motion of Mayor Settle, seconded by Council Member Schwartz, and on the following
roll call vote:
AYES: Council Member Schwartz, Vice Mayor Ewan, and Mayor Settle
NOES: Council Members Marx and Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this
APPROVED AS • FORM:
10'h day of July 2001
i
Way Al Sett
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RESOLUTION NO. 9206 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND
ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR THE VOLNY ANNEXATION
(LAFCo Application # 65)
(City File No. ANNX/PD/ER 9 -01)
WHEREAS, in the case of a jurisdictional change other than a city incorporation or district
formation which will alter the service area or responsibility of a local agency, Revenue and
Taxation Code Section 99(a)(1) requires that the amount of property tax revenue to be exchanged, if
any, and the amount of annual tax increment to be exchanged among the affected local agencies
shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between the City
Council and the Board of Supervisors of the County; and
WHEREAS, when a special district is involved, the negotiations are conducted by the
Board of Supervisors of the County on behalf of the district or districts, unless otherwise requested
by said district or districts pursuant to Revenue and Taxation Code Section 99(b)(5); and
WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local agency,
upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the
negotiated exchange of property tax revenues, if any, and annual tax increment and requires that
each local agency transmit a copy of each such resolution to the Executive Officer of the Local
Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the
County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution
to the County Auditor, and the County Auditor shall thereafter make the appropriate adjustments as
required by law; and
WHEREAS, the negotiations have taken place concerning the transfer of property tax
revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis
Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation No. 65
to the City of San Luis Obispo; and
WHEREAS, the negotiating parties, to wit: Jim Grant, Assistant Administrative Officer,
County of San Luis Obispo, and Wendy George, Assistant City Administrative Officer, have
negotiated the exchange of property tax revenue and annual tax increment between such entities as
hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of property tax
revenues and annual tax increment be consummated.
R 9206
Resolution 9206 (2001 Series)
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. That the recitals set forth above are true, correct, and valid.
2. That the City of San Luis Obispo agrees to accept the following negotiated exchange
of base property tax revenues and annual tax increment:
(a) No base property tax revenue shall be transferred from the County of San
Luis Obispo to the City of San Luis Obispo.
(b) No annual tax increment shall be transferred from the County of San Luis
Obispo to the City of San Luis Obispo.
3. Upon receipt of a certified copy of this resolution and a copy of the recorded
certificate of completion, the County Auditor shall make the appropriate adjustments
to property tax revenues and annual tax increments as set forth above.
4. That the City Clerk is authorized and directed to transmit a certified copy of the
resolution to the Executive Officer of the San Luis Obispo Local Agency Formation
Commission, who shall then distribute copies in the manner prescribed by law.
On motion of Vice Mayor Ewan, seconded by Council Member Marx and on the
following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan and Mayor
Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 10`x' day of July 2001.
/ -Mayor Allen
:ATTEST:;
Lee Price'i vlerk
APPROVED:
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RESOLUTION NO. 9205 (2001 Series)
A RESOLUTION OF RECOMMENDATION BY THE SAN LUIS OBISPO CITY
COUNCIL REQUESTING THAT THE LOCAL AGENCY FORMATION
COMMISSION APPROVE ANNEXATION NO. 65
AT 710 AEROVISTA PLACE; VOLNY ANNEXATION
(ANNX/ ER/ PD 09 -01)
WHEREAS, the Planning Commission and City Council have held public hearings
on the proposed Volny annexation and prezoning on May 9, 2001 and July 10, 2001,
respectively; and
WHEREAS, the City Council on July 10, 2001, by Ordinance No. 1393 (2001
Series), approved the Mitigated Negative Declaration for the proposed annexation and
pursuant to the California Environmental Quality Act Guidelines Section 15090; and
WHEREAS, on recommendation of the Planning Commission and as a result of its
deliberations, the Council on July 10, 2001 by Ordinance No. 3 (2001 Series) approved the
Service - Commercial Planned Development (C -S -PD) prezoning for the annexation of
property known as the Volny Annexation; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo
County Local Agency Formation Commission to initiate formal annexation proceedings;
and
WHEREAS, the territory to be annexed is uninhabited, and a description of the
boundaries of the territory is set forth in Section 2; and
WHEREAS, this proposal is consistent with the sphere of influence of the affected
city
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1: Findings.
The annexation is appropriate since the site is contiguous to the City on two sides and the
site is within the urban reserve line of the City.
The annexation of the site is a logical addition to the City due to its location in relation to
existing urban development and city services.
The annexation is consistent with the goals and policies of the City's General Plan.
SECTION 2; Annexation Area Described, The Volny Annexation consists of that area,
including approximately 13 acres at the west side of Broad Street north of Aerovista Place,
R 5205
Resolution 9206 (2001 Series)
Page 2 of 2
in the County of San Luis Obispo, being Assessor's Parcel Number 076 -401 -052 as shown
on the attached map, Exhibit A, and legally described in the attached Exhibit B.
SECTION 3: Council Recommendation. The City Council recommends that the Local
Agency Formation Commission of San Luis Obispo County approve the proposed
annexation subject to property owner compliance with City requirements regarding
environmental mitigation and public improvements as described in the project's Mitigated
Negative Declaration, in accordance with California Government Code Section 56844 et
M —
SECTION 4: Implementation. The City Clerk shall forward a copy of this resolution and
prezoning actions, the Mitigated Negative Declaration, and all pertinent supporting
documents to the Local Agency Formation Commission.
On motion of Vice Mayor Ewan, seconded by Council Member Marx and on the
following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Ewan and Mayor
Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 10`" day of July 2001.
li - -
Mayor Allen Se
ATTEST.
ity'd6rk-LeAhice
APPROVED AS TO FORM:
r MtKA J71
-ANNEXATION EXHIBIT MAP
EXHIBIT /A Resolution No. 9205
(IN S')
1 inch — 1000 ft
R R M D E S I G N G R O U P
Architecture • Planning • Engineering • Surveying • Interiors • landscape Architecture
3701 South Higuera Street, San Luis Obispo, California 93401 805/543 -1794
• kny Michael. WE 96995, 13 8276, Michael Stanton PIS 5702
LEGEND
PROPOSED CITY ■
LIMIT LINE
EXIS77NG CITY
LIMIT LINE
AREA T BE
ANNEXED
AEROWSTA
ANNEXA 77ON
EXHIBIT B
Annexation #65
to the City of San Luis Obispo
Legal Description
n ReGolution No. 9205
Parcel 1 of Parcel Map CO 89 -319 as shown on map filed in Book 54 of Parcel Maps at page 61,
filed in the Recorder's Office of San Luis Obispo County, California together with
Parcels 1, 2 and 3 of Amending Parcel Map COAL 00 -136 as shown on map filed in Book 55 of
Parcel Maps at page 56, filed in said County Recorder's Office.
EXCEPTING therefrom the right -of -way for Aerovista Place as shown on said parcel map being
included within Annexation #64 being processed concurrently.
The above - described parcel is graphically shown on the Annexation Exhibit Map attached hereto
and made a part hereof.
E:\2000 \1800033 AeroVista\Annexation\Annexation Legal Descriptian.doc
April 12,20012:35 PM
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RESOLUTION NO. 9204 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO FORTY -TWO
AGENCIES IN THE AMOUNT OF $106,015 FOR FISCAL YEAR 2001 -02 THROUGH
THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed
Grants -in -Aid funding.to community organizations which provide cultural and tourism
promoting recreational services to residents and visitors; and
WHEREAS, funding for the Grants -in -Aid program has been included in the 2001 -03
Financial Plan for the City of San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A" shall
be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Exhibit "A" and the City Administrative Officer is authorized to execute such contracts.
Upon motion of Council Member Schwartz, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 10' day of July 2001.
Mayor Allen Settle
ATTE
Lee Price, City Clerk
APPROVED AS TO FORM:
: 0 •j: 1p_K�Altorney
R 9204
1
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C;
Resolution No. 9204
Exhibit A
PROMOTIONAL COORDINATING COMMITTEE
2001 -02 Grants-In -Aid Summary
Organization
00 -01
Grant
01 -02 Request
01 -02
Recommended
Arthritis Foundation (Wine Festival
$
2,250
$
3,700
$
2000
Cal Poly Arts
$
2,000
$
3.500
$
2,100
Center Point Theatre Group
n/a
$
4,500
$
3 000
Central Coast Basketball Club
$
2,000
$
5,000
$
2,000
Central Coast Book & Author Festival
$
2,000
$
2,500
$
2,000
Central Coast Children's Choir
$
750
$
2,000
$
1,500
Central Coast Shakespeare Festival
$
-4,,0001
$
7,700
$
2,100
Children's Creative Protect I Madonnari)
-' 5850!
$
10,000
$
4,900
Civic Ballet Of San Luis Obispo
$
1,400
$
6.000
$
2,000
Cuesta College Art Gallery
$
2,500
$
3 400
$
2,000
Cuesta College Public Events La Guitaria CA
n/a
$
3,000
$
3 000
Cuesta College Writers Conference
$
1,000
$
1,500
$
1 500
ECOSLO 30th Birthday)
n/a
$
6,100
$
2,450
ECOSLO Trail Guide
n/a
$
2.000
$
1,300
Edna Valley/Arroyo Grande Valley Vintners Assn
$
1 000
$
5 500
$
4-000
First Night San Luis Obispo
$
5 300
$
6 000
$
5.100
Friends Of SLO Botanical Garden
5._
_'-3 935.:
$
4,250
$
3,100
Gilbert Reed Ballet
$
1,400
$
3,000
$
2,600
Gold Coast Chorus
$
1,800
$
2,800
$
1,100
Music & The Arts For Youth - MAY
$
2,000
$
3,000
$
2,000
Mardi Gras
$
2,400
$
6.000
$
2,000
Pacific Light era Theatre LOT
$
2 220
$
2,000
$
2,000
Pacific Repertory era
$
3 200
$
5 200
$
3,1 0
Peninsula Players, Inc.
$
2,220
$
3,330
$
2,100
Performing Arts Ctr. Outreach - Summer Series
$
2,000
$
3,200
$
2,000
Performing Arts Ctr. Outreach - YOPAC
$
1,000
$
3,000
$
2,000
San Luis Obispo Chamber Orchestra
$
1,500
$
2.800
$
1,600
San Luis Obispo Art Center
$
3,000
$
4,000
$
3,100
San Luis Obispo Blues Society
n/a
$
1,950
$
1950
San Luis Obispo Cornntunitv Concert Assn.
$
2,000
$
3,000
$
2,000
San Luis Obis o County Arts Council
$
2,500
$
3.500
$
2-500
San Luis Obis o County Band
$
1,700
$
2.500
$
2 100
San Luis Obispo International Film Festival
$
4,000
$
9,500
$
5,000
San Luis Obisl3o Little Theatre
$
2,950
$
5,000
$
3,940
San Luis Obispo Mozart Festival Association
`1 .;.:
__..5 '600
$
6,000
$
5,100
San Luis Obispo Poetry Festival
$
2,000
$
3,000
$
2,000
San Luis Obispo Railroad Museum
n/a
$
2,500
$
2,000
San Luis Obispo Soccer Club Summer Tourney)
$
750
$
1,350
$
1,000
San Luis Obispo Swim Club
$
2,000
$
6,000
$
2,100
San Luis Obispo Symphony
$�r'�
.�" : 6,M0
$
6,000
$
4 500
SLOCO Access
n/a
$
2,075
$
2,075
Transitions - Mental Health
n/a
$
2,500
$
2,100
TOTAL
$
1699855
$
1069015
Available (inc. carry -over) ($106,100 + $1400)
$
107,500
Reserve
$
17485
G:\pcc\2001 \GIA Recommendation Summary Sheet
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RESOLUTION NO. 9203 (2001 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO THIRTY -THREE AGENCIES IN THE AMOUNT OF
$1189900 FOR FISCAL YEAR 2001 -02 THROUGH THE HUMAN RELATIONS
COMMISSION
WHEREAS, the City of San Luis Obispo supports non - profit agencies which provide
human and social services to the residents of the City of San Luis Obispo through its annual
Grants -In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid program has
been included in the 2001 -02 Financial Plan for the City of San Luis Obispo
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That agencies attached hereto marked Exhibit A shall be provided funding
as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Exhibit A, and the City Administrative Officer is authorized to execute such contracts.
Upon motion of Council Member Mulholland, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Member Mulholland, Marx, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 10' day of July, 2001
Mayor Allen Settle
APPROVED AS TO FORM:
FWF
�
R 9203
HUMAN RELATIONS COMMISSION Resolution N. 9203
2001 -02 GRANTS -IN AID RECOMMENDATIONS Exhibit A
2001 -02 Funds Pending Council Approval $118,900
G:H RC /G IA2001.02REC.XL
AGENCY
2000 -01
2001 -02
2001 -02
AWARDED
REQUESTED
HRC RECONMENDED
1
Aids Support Network
$8,000
$11,460
$9,000
2
ALPHA
$1,500
$2,500
$1,500
3
American Red Cross
$4,000
$6,000
$4,500
4
Assistance League
$0
$5,000
$3,675
5
Big Brother/Big Sisters
$2,550
$3,500
$2,500
6
Camp Fire
$1,500
$2,000
$1750
7
Casa Solana Inc.
$5,000
$5,000
$3,975
8
Central Coast Assistive Technology Center
$0
$179028
$0
9
1 Changing Faces Inc.
$0
$12,000
$0
10
Child Development Center
$9,000
$10,000
$99400
11
Easter Seals
$2 500
$2,500
$2,500
12
Easter Seals -L m hedema
$0
$2,900
$1,000
13
EOC Child Care
$4,500_
$5,550
$4,750
14
EOC 40 Wonderful
$2,000
$3,000
$29675
15
EOC Mentoring Serivices
$750
$1,000
$1,000
16
EOC Senior Health Screening
$3,000
$3,000
$3,000
17
Familv Services Center
$4,500
$5,000
$4,675
18
Hospice
$4,200
$8,000
$4,550
19
Hotline of SLO Count
$42400
$7,500
$5,500
20
Lifes an - ADCare
$2 500
$37500
$2,850
21
Lifes an - Carin Callers
$1,250
$2,000
$1,500
22
Lifes an - RSVP
$19500
$2,000
$1,750
23
Lifes an - Senior Companion Program
$0
$29000
$1,350
24
Lifes an - Senior Peer Counseling Program
$1,900
$2,500
$2J75
25
iLiteracy Council
$5,000
$5,000
$4,350
26
Long Term Care Ombudsman
$3,000
$3 000
$3,000
27
Project Hope for "Health Works"
$0
$67000
$2,000
28
The Salvation Army
$1,000
$10,000
$4,675
29
Senior Legal Services
$1 250
$1 08
$1,300
30
Senior Nutrition Program
$2,500
$2,750
$2,700
31
Sexual Assault Recovery & Prevention
$59800
$59800
$5,800
32
SLOCO Access
$3,000
$3,842
$3,350
M
UCP - Ride -On Transportation
$0
$6,000
$1,000
34
Voices for Children CASA
$4,500
$6,000 1
$5 075
35
Women's Shelter
$9-90-0-0-
$129000
$10,075
TOTAL
1186,588 1
$118,900
2001 -02 Funds Pending Council Approval $118,900
G:H RC /G IA2001.02REC.XL
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RESOLUTION NO. 9202 (2001 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that
owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once
each year, the franchisee may take actions to collect fees from the owners of developed properties
involved in delinquent solid waste collection and disposal accounts; and
WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within
the Municipal Code to collect fees from delinquent accounts as certified by anchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby
authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts
as established and certified by the franchisee San Luis Garbage Company as liens against the
developed properties listed below.
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
Allan Brohard
002 -503 -003
$137.00
Edward Reams
003- 616 -022
$147.00
Raymond Finch
001- 23.1 -021
$90.00
Gary Cully
053- 245 -001
$572.00
Paul/Verla Elmore
004 -431 -010
$334.00
Wanda Caaaneo
003 -576 -003
$213.00
Marian Bailey
052- 225 -002
$52.00
Mark Moore
053- 092 -024
$149.00
C. Bockhaln
001- 124 -017
$205.00
A R Fosberg
052 -451 -018
$100.00
ColinNictoria Arnold
004 -601 -027
$339.00
Gloria Sarcos
003- 722 -025
$73.00
Lendale Williams
003- 737 -015
$577.00
R 9202
�j
Resolution No. 9202 (2001 Series)
Page 2 c -
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
Skene Moody
003- 687 -071
$546.00
Virgin Baker
004- 704 -008
$340.00
Bryan Diem
003- 545 -013
$408.00
Stella Jasczak
053- 184-036
$105.00
Carlton/Regina Brown
004-413 -036
$217.00
Justin Dagna
004421 -010
1 $216.00
Adam/Tammie Mueting
1 053- 072 -020
1 $367.00
Upon motion of Council Member Mulholland seconded by Council Member Marx and on
the following roll call vote:
AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resol on w adopted this 10`h day of July 2001
TT.
Ci ; eii Lee Price Mayor Allen Settle
APPROVED AS TO FORM:
Qzzdillt-�&242��---�---,-' itjAttomey Jeff/Jorgensen
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RESOLUTION NO. 9201 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN LUIS OBISPO APPROVING CHANGES TO
DOWNTOWN ASSOCIATION RULES, REGULATIONS AND FEES
FOR THURSDAY NIGHT ACTIVITIES
WHEREAS, The San Luis Obispo Downtown Association conducts a weekly
promotional event, Thursday Night Activities (TNA), also commonly referred to a Farmers'
Market or Thursday Night; and
WHEREAS, The TNA event is a financially self - sustaining, safe and fun family- oriented
activity; and
WHEREAS, from time to time, the needs and expenses of the activity change; and
WHEREAS, during regular TNA committee meetings and budget meetings the
necessary rule changes and fee changes have been discussed and approved;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby approves the recommended rules and regulations changes and fee
modifications as submitted.
Upon motion of Council Member Mulholland, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19' day of June 2001.
Lee Price, City ° Clerk
APPROVED AS TO FORM:
0W.M/41SAMEN1
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R 9201
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Resolution R 92G1
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TNA Fee Increase
-- Resolution NO. 9201 .
Exhibit B Page 1 of 1
Current
Per Week
52 Weeks
BBQ (9)
$.17 /sq ft
$
563.56
$
29,305.12
Food Vendor (11)
35 wks @ $10
$
127.98
$
6,655.00
$ 187.00
17 wks @$15
2,431.00
Vendor (20)
$12.00 /wk
$ 240.00
Vendor (20)
$10 /week
$
200.00
$
10,400.00
Non -Profit (12)
$10 /week
$
120.00
$
6,240.00
Entertainment (5)
35 wks /$5
$
41.35
$
2,150.00
15% Oper. Cost
17 wks /$15
$
3,450.00
1% Gross Sales
FM Assoc Fees
15% Oper. Cost
$
3,187.56
72,327.52
1% Gross Sales
$ 3,246.11
$
61,183.79
-- Resolution NO. 9201 .
Exhibit B Page 1 of 1
Rec. Increase
Per Week
52 Weeks
BBQ (9)
$.20 /sq ft.
$ 663.01
$
34,476.52
Food Vendor (11)
39 wks @ $13
$ 143.00
$
5,577.00
13 wks @ $17
$ 187.00
$
2,431.00
Vendor (20)
$12.00 /wk
$ 240.00
$
12,480.00
Non -Profit (12)
$12.00 /wk
$ 144.00
$
7,488.00
Entertainment (5)
39 wks @ $10
$ 50.00
$
1,950.00
13 wks @ $15
$ 75.00
$
975.00
FM Assoc. Fees
15% Oper. Cost
$
3,450.00
1% Gross Sales
$ 3,500.00
$
72,327.52
-- Resolution NO. 9201 .
Exhibit B Page 1 of 1
J
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RESOLUTION NO. 9200 (2001 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO DECLARING THE CITY'S INTENT TO
GRANT A TWELVE -YEAR FRANCHISE TO SAN LUIS GARBAGE FOR
RESIDENTIAL CURBSIDE RECYCLING AND GREEN WASTE COLLECTION
AND SETTING A PUBLIC HEARING FOR JULY 179 2001
WHEREAS, the City of San Luis Obispo has adopted a Source Reduction and Recycling
Element (SRRE) to meet the state law AB 939 requirements; and
WHEREAS, the SRRE states that the City will provide residential curbside recycling
and green waste collection services; and
WHEREAS, the San Luis Garbage Company has provided recycling services at a
reasonable rate since 1975; and
WHEREAS, San Luis Garbage Company has agreed to the continue the provisions in the
existing franchise agreements. These agreements contain the following key provisions:
Type: Exclusive
Term: Twelve years
Franchise fee: 6% of gross revenue
Service Highlights:
Green waste containers provided to all residential and commercial customers
Commingled recycling for all customers
Public education and information component
Bulky waste collection and recycling
Addition of other materials as markets develop
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby declares:
A public hearing will be held on July 17, 2001 at 7 pm in the City Council
Chambers located at 990 Palm Street at which time it is the intention of the City
Council to grant a twelve year exclusive franchise (to expire March 2012) to San
Luis Garbage company.
2. Any persons having any interest in the franchise or any objection to the granting
of the franchise may appear before the Council and be heard thereon.
The City Clerk will publish this resolution at least once within fifteen days of its
passage in a newspaper in the City of San Luis Obispo.
' 11,
O O
Resolution No. 9200 (2001 Series)
Page 2 of 2
The foregoing resolution was adopted this 19th day of June 2001.
Lee Price, City Clerk
APPROVED AS TO FORM:
0
f ge a ity orney
R 9200
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