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Agenda Packet 2003-07-08 CITY COUNCIL C{'�� Of AGENDA �rro�o �rand¢ Tony M. Ferrara Mayor Jim Dickens Mayor Pro Tem Steven Adams Ciry Manager Thomas A. Runels Council Member Timothy J.Carmel City Attomey Sandy Lubin Council Member Kelly Wetrnore Director,Administrative Services Joe Costello Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, JULY 8, 2003 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande ; I I 1. CALL TO ORDER: 7:00 P.M. I a � € 2. ROLL CALL � i P 3. FLAG SALUTE: KNIGHTS OF COLUMBUS � 4. INVOCATION: PASTOR NORMAN SOMES, ST. BARNABAS EPISCOPAL CHURCH, ARROYO GRANDE 5. SPECIAL PRESENTATIONS: 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY—JULY 8, 2003 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listing of cash disbursements for the period , June 16, 2003 through June 30, 2003. 8.b. Consideration of Cancellation of September 9, 2003 Citv Council (ADAMS) Recommended Action: Cancel the regularly scheduled Council meeting of September 9, 2003. 8.c. Consideration of Acceatance of Cash Flow Analvsis/Aaaroval of Interfund Advance from the Water Facilitv Fund (SNODGRASS) Recommended Action: Receive and file May 2003 Cash Report and approve the interfund advance from the Water Facility Fund to cover cash deficit in other funds at 5/31/03. 8.d. Consideration of Aaaroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Special and Regular City Council Meetings of June 10, 2003 and the minutes of the Special and Regular City Council Meetings of June 24, 2003 as submitted. AGENDA SUMMARY—JULY 8, 2003 PAGE 3 8. CONSENT AGENDA: (continued) 8.e. Statement of Investment De�osits (SNODGRASS) Recommended Action: Receive and file the report of current investment deposits as of June 30, 2003. 8.f. Consideration of Award of Bid for ADA Uoarade of the Woman's Club and Commurntv Center(FIBICH) Recommended Action: 1) Award bid to Anderson Burton Construction in the amount of $46,000 to continue with the Americans with Disabilities Act (ADA) Transition Plan, upgrading the Arroyo Grande Woman's Club and Community Center; and 2)Authorize the City Manager to execute a contract. 8.g. Consideration of Authorization to Particivate in Reaional "Remove Im�aired Dr�vers" Office of Traffic Safetv Grant (TERBORCH) Recommended Action: Adopt Resolution authorizing participation by the Police Department in the Regional "Remove Impaired Drivers" State Office of Traffic Safety (OTS) Grant which will be administered by the San Luis Obispo Office of the California Highway Patrol. 8.h. Consideration of Authorization to Purchase Police Traffic Enforcement Motorcvcle (TERBORCH) Recommended Action: Authorize staff to purchase a 2004 BMW motorcycle, Model R1150RT-P/CHP Version from A& S BMW Motorcycles, for a total cost of$20,190. 8.i. Consideration of FY 2003/04 and FY 2004/05 Memorandum of Understandins� ; with Service Em�lovees International Union (SEIU). Local 620 (TerBORCH) Recommended Action: Adopt Resolution approving the FY 2003/04 and FY 2004/05 Memorandum of Understanding with SEIU, Local 620. 8.j. Consideration of Aooroval of Final Tract Ma� 2328• S�S Homes• Stonecrest Develo�ment (SPAGNOLO) Recommended Action: Accept Final Tract Map 2328 subdividing 4.56 acres into finrenty-six (26) residential lots. 8.k. Consideration of Ado�tion of an Ordinance Amendina the Arrovo Grande Zonins� Mau from Rural Residential (RRl to Sins�le Familv Residential with Specific Plan Overlav ISFR-SPl for a 1.6-Acre Portion of Subarea 3 of the Berrv Gardens S�ecific Plan: Develoument Code Amendment 02-002• Auolied for bv Matsumoto Revocable Trust (STRONG) Recommended Action: Adopt Ordinance amending Arroyo Grande Zoning Map for a 1.6-acre portion of Subarea 3 of the Berry Gardens Specific Plan. 8.1. Consideration of Tem�orarv Use Permit (TUPI 03-018: Authorization to Close Citv Streets for Chameleon Fine Furniture's 10 Anniversarv Barbeaue and Fundraiser (STRONG) Recommended Action: Adopt Resolution approving Temporary Use Permit 03-018 for Chameleon Fine Furniture's 10�' anniversary barbeque and fundraiser and authorizing the closure of City streets. AGENDA SUMMARY—JULY 8, 2003 PAGE 4 9. PUBLIC HEARINGS: 9.a. Consideration of Amended Conditional Use Permit Case No 03-003 to Modi the Site Plan Ao�roved for Conditional Use Permit 01-010: 579 Camino Mercado: Central Coast Real Estate Develo�ment (STRONG) Recommended Action: It is recommended the City Council continue the public hearing to August 26, 2003. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like ; to receive feedback, direct staff to prepare information, and/or request a formal ' agenda report be prepared and the item placed on a future agenda. No formal i action can be taken. ' a) None. 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a) None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. AGENDA SUMMARY—JULY 8, 2003 PAGE 5 17. ADJOURNMENT * * * * * * * All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate altemative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or ' accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. * * * * * * * Note: This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the Director of Administrative Services at (805)473-5414 for more information. www.a rrovop ra n d e.orQ pRROY� S�A■ o� ��, � INCOflPORATEO 92 c, m MEMORANDUM * JULY 10, 1911 * c4��FORN`P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period June 16—June 30, 2003. FUNDING: There is a $476,612.30 fiscal impact. � � DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ATTACHMENTS: ATTACHMENT 1 — Cash Disbursement Listing ATTACHMENT 2 —June 20, 2003 Accounts Payable Check Register ATTACHMENT 3—June 27, 2003 Accounts Payable Check Register ATTACHMENT 4—June 27, 2003 Payroll Checks and Benefit Checks ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS �oa tice ��d o��u.re 16 '7lzougk�i.re 30, 2(�03 July 8,2003 Presented are the cash disbursements issued by the Department of Financial Services for the period June 16 to June 30, 2003. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATTACHMENT AMOUNT June 20,2003 Accounts Payable Cks 110859-110933 2 $ 71,416.32 june 27,2003 Accounts Payable Cks 110934-111078 3 104,043.10 Payroll Checks &Benefit Checks 4 301,152.88 405,195.98 Two Week Total $ 476,612.30 CITY OF ARROYO GRANDE INDEX FOR BUDGET DEPARTMENTS EDEN COMPUTER SYSTEM GENERAL FUND(010) SPECIAL REVENUE FUNDS Cit,y Government(Fund 010) Park Development Fee Fund(Fund 213) 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund(Fund 222) 4003 - City Attorney 4501 - Traffic Fund � � �i.,. �..N� (E���� 3��1 CT00� ' C1[�l`4f[[OLU�}i �'�07 = .I.LH���E�PfIJ2# �OOS - YQWIIJ72[LAF7A6 6LAIC62 d007 - C7F?.Conxrcrl 2 .LL��rc grgus7 f�.+ru�7�E�.+iu4 SSS) �220 - bg;K DsnslobulsuF�ss CSj:t COS�6?,N?!S6?IS �,�K1S Citt�Government Fun�$�8 F�fI�D�o�io�uc��«�EE=a=�a�=a=�R-_�> 4001 - City Council 4550 - Park Development Fee 4002 - Administrative Services Traffic Signal Fund(Fund 222) 4003 - City Attorney 4501 - Traffic Fund 4101 - City Manager Transportation Fund(Fund 225) 4102 - Printing/Duplicating 4553 - Public Transit System 4120 - Financial Services Construction Tax Fund(Fund 230) 4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax 4130 - Community Development Police Grant Funds 4131 - Community Building(CDBG) 4201 - Law Enforcement Equip.(Fd 272) 4140 - Management Information System 4202 - State AB3229 Cops Grant(Fd 271) 4145 - Non Departmental 4203 - Federal Universal Hiring(Fd 274) Public Safetu(Fund 010) 4208 - Federal Local Law Enforcmt(FD 279) 4201 - Police Redevelopment Agency(Fund 284) 4211 - Fire 4103 - Redevelopment Administration 4212 - Building&Safety ENTERPRISE FUNDS Public Works(Fund 010) Sewer Fund(Fund 612) 4301 - Public Works-Admin&Engineering 4610 - Sewer Maintenance 4303 - Street/Bridge Maintenance Water Fund(Fund 640) 4304 - Street Lighting 4710 - Water Administration 4305 - Automotive Shop 4711 - Water Production Parks&Recreation(Fund 010) 4712 - Water Distribution 4420 - Parks Lopez Administration(Fund 641) 4421 - Recreation 4750 - Lopez Administration 4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS(Fund 350) 4423 - Pre-School Program 5501-5599 - Park Projects 4424. - Recreation-Special Programs 5601-5699 - Streets Projects 4425 - Children in Motion 5701-5799 - Drainage Projects 4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects 4430 - Soto Sport Complex 5901-5999 - Water Projects 4213 - Government Buildings 4460 - Parkway Maintenance z��� .� ���� ATTACFUZEiQT 3 CITY OF ARROYO GRANDE DEPARTMENTAL LABOR DISTRIBUTION PAY PERIOD 06/06I03 -06/19/03 06/27iO3 FUND 010 264,722.66 Salaries Full time 170,993.12 FUND 220 13,864.49 Salaries Part-Time- PPT 17,062.55 FUND 284 4,771.50 Salaries Part-Time-TPT 12,771.48 FUND 612 5,152.00 Salaries OverTime 10,340.30 FUND 640 12,642.23 Salaries Standby 361.50 301,152.88 Holiday Pay 1,960.10 Sick Pay 3,454.54 Annual Leave By Back - Vacation Buyback - Sick Leave Buyback - Vacation Pay 4,141.88 Comp Pay 2,153.13 Annual Leave Pay 6,721.61 PERS Retirement 19,294.33 Social Security 16,261.12 PARS Retirement 328.42 State Disability Ins. 793.13 Deferred Compensation 725.00 Health Insurance 27,045.98 Dental lnsurance 3,729.63 Vision Insurance 820.57 Life Insurance 638.60 Long Term Disability 947.13 Uniform Allowance - Car Allowance 400.00 Council Expense - Employee Assistance 158.76 Boot Allowance - Motor Pay 50.00 301,152.88 _____ __ _ __ o� pRROY�c 8■b■ � � MICONPOAATE Yt V O � �c ,�u�r �o. tY�t * � MEMORANDUM ���f ORN�P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER;,� SUBJECT: CANCELLATION OF SEPTEMBER 9, 2003 CITY COUNCIL MEETING DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the City Council cancel the regularly scheduled Council meeting of September 9, 2003. FUNDING: There is no fiscal impact. DISCUSSION: At the June 24, 2003 City Council meeting, Mayor Ferrara requested, and the City Council concurred, placing on a future City Council agenda consideration of canceling the September 9, 2003 regular City Council meeting. The purpose of canceling the meeting is to enable Council Members to participate in the League of California Cities Annual Conference, which will take place September 7-10, 2003 in Sacramento. The Conference will be particularly important this year given the League of California Cities involvement in protecting local resources in � , the State budget process. ', ALTERNATIVES: ! The following alternatives are provided for the Council's consideration: ;' - Cancel the September 9, 2003 regular City Council meeting; � - Do not cancel the September 9, 2003 City Council meeting; - Provide direction to staff. 8.c. o� PRROY�C � MEMORANDUM � INCORPORATED 92 O V m � �[ JULY 10. 191t * . C���FOt���P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES SUBJECT: CONSIDERAVAL OF�INTER UND ADVANCESHFROM HE WATER AND APPRO FACILITY FUND DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the City Council: • Accept the May 2003 cash report, • Approve the interfund advance of$14,729 from the Water Facility Fund to cover cash deficits in other funds as of May 31, 2003. FUNDING: No outside funding is required. � Attachment A— Cash Balance/Interfund Advance Report � -,��,�,z ATTACHMENT A CITY OF ARROYO GRANDE CASH BALANCE/INTERFUND ADVANCE REPORT At May 31,2003 Balance at Recommended Revised Fund OS/31/03 Advances Balance O10 General Fund 2,259,490 2,259,490 210 Fire Protection Impact Fees 163,936 163,936 212 Police Protection Impact Fees 30,735 30,735 213 Pazk Development 496,867 496,867 214 Park Improvement 91,135 91,135 215 Recreation Community Center 7,174 7,174 217 Landscape Maintenance 32,260 32,260 220 Street(Gas Tax)Fund 127,068 127,068 221 Traffic Congestion Relief 71,443 71,443 222 Tra�c Signalization 435,805 435,805 223 Traffic Circulation 485,152 485,152 224 Transportation Facility Impact 1,806,657 1,806,657 225 Transportation (3,946) 3,946 p 226 Water Neutralization Impact 655,948 655,948 230 Construction Tax 257,943 257,943 231 Drainage Facility 26,003 26,003 232 In-Lieu Affordable Housing 804,755 804,755 241 Lopez Facility Fund 1,040,848 1,040,848 250 CDBG Fund 3,381 3,381 271 State COPS Block Grant Fund 28,713 28,713 272 Calif.Law Enf.Technology Grant 13,347 13,347 279 00-01 Fed Local Law Enforcement Grant 66 66 284 RedevelopmentAgency (10,783) 10,783 p 285 Redevelopment Set Aside 103,007 103,007 350 Capital Projects 10,578 10,578 612 Sewer Fund 38,069 38,069 634 Sewer Facility 182,675 182,675 640 Water Fund 2,900,062 2,900,062 641 Lopez 479,844 479,844 642 Water Facility 1,243,366 (14,729) 1,228,637 751 Downtown Parking 50,478 50,478 760 Sanitation District Fund 111,325 111,325 Total City Wide Cash 13,943,401 0 13,943,401 THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER OF THE CITY OF ARROYO GRANDE AS OF MAY 31,2003 � da K. Snodgrass Director of Financi Services 8.d. MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JUNE 10, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:31 p.m. Council Members Lubin and Costello, City Manager Adams, Police Chief TerBorch, Human Resources Manager Sisko, and City Attorney Carmel were present. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiators: Rick TerBorch and Karen Sisko � Represented Employees: Service Employees International Union (SEIU)— Local 620 (Council Member Dickens arrived during Closed Session at 6:34 p.m.) 4. RECONVENE TO OPEN SESSION: , Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 6:48 p.m. Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JUNE 10, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Lubin, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. Council Member Runels was absent. RDA: Board Members Lubin, Costello, Vice Chair Dickens, and Chair Ferrara were present. Board Member Runels was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, Director of Parks, Recreation, and Facilities Hernandez, and Community Development Director Strong. 3. FLAG SALUTE Kendra Kimlinger, representing Rotary Club of Arroyo Grande, led the Flag Salute. 4. INVOCATION Pastor Lepper, Peace Lutheran Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tem Dickens moved, Council Member Lubin seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT COMMENTS AND SUGGESTIONS Susan Flores, Arroyo Grande, expressed concerns regarding traffic on Stanley Street, near Paulding Middle School, and stated there were no speed limit signs. She requested the City address the issue and install speed limit signs. CITY COUNCILIREDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 2 8. CONSENT AGENDA � Council Member Costello moved, and Council Member Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.f. The motion carried on the following roll-call vote, to wit: AYES: Costello, Lubin, Dickens, Ferrara NOES: None ABSENT: Runels 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period May 15, 2003 through May 31, 2003. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council and F3egular City Council/Redevelopment Meetings of May 27, 2003, and the Special City Council/Redevelopment Agency Meeting of May 29, 2003 as submitted. 8.c. Consideration of GASB 34 Infrastructure Inventory and Valuation Report. Action: Received and filed the GASB 34 (Governmental Accounting Standards Board Statement No. 34) Infrastructure Inventory and Valuation Report. 8.d. Consideration of Participation in the California Joint Powers Insurance Authority (CJPIA) Joint Protection Program Providing Liability Coverage. Action: Adopted Resolution No. 3682 approving the City's participation in the California Joint Powers Insurance Authority (CJPIA) liability coverage program. 8.e. Consideration of a Contractor Services Agreement for Uniform Rental and Related Services. Action: 1) Approved Agreement with AmeriPride Uniform Services in the amount of $15,267.90 (projected over a three-year period); and 2) Authorize the Mayor to execute the Agreement. 8.f. Consideration of Adoption of an Ordinance Amending Portions of Title 16 of the Municipal Code Regarding Second Residential Dwellings; Development Code Amendment 03-003. Action: Adopted Ordinance No. 541 Amending Portions of Title 16 of the Municipal Code Regarding Second Residential Dwellings; Development Code Amendment 03-003. Due to the presentation of Agenda Item 11.a. by Paulding Middle School students, Mayor Ferrara requested the Council consider moving Item 11.a. up on the Agenda to be heard prior to the public hearing items. . Council Member Lubin moved to consider Agenda Item 11.a. prior to Agenda item 9.a. Council Member Costello seconded the motion, and the motion carried unanimously by voice vote. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 3 11. NEW BUSINESS: 11.a. Consideration of a Stencil to Mark City Storm Drain Inlets with the Warning: "No Dumping, Drains to Creek". Director of Public Works Spagnolo presented the staff report and explained that Paulding Middle School students, in conjunction with Centrat Coast Salmon Enhancement, formed an after school club with the purpose of conducting regular stream assessments at Strother Park. He introduced Paulding Middle School teacher, Barry Garroway, who worked with the students to organize a storm drain stenciling program to increase public awareness of the creek and to prevent water pollution. Mr. Garroway introduced students Taylor Hamil and Victoria Carranza who gave an overview of the Paulding Creek Enhancement Project. Mayor Ferrara opened up the item for public comment, and upon hearing no public comments, he closed the floor to public comment and brought the item back to Council for consideration. Council comments included support for the project, and recognition of the Paulding students and Central Coast Salmon Enhancement for their volunteer efforts. Council Member Costello moved to approve the stencil design as recommended (the universal symbol of waves representing water). Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Lubin, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Consideration of Conditional Use Permit Case No. 02-013 to Construct a Two-Story Building for Retail Sale of Farm Supplies; 1049 EI Camino Real; Jim Brabeck for Farm Supply. Community Development Director Strong presented the staff report and recommended the Councit adopt a Resolution approving a mitigated negative declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit 02-013. Mayor Ferrara opened the Public Hearing. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 4 Howard Mankins, Arroyo Grande, provided clarification with regard to the storage shed on the property. He gave a history of the property and commented that the property was located within the City's Redevelopment Area. He referred to past easements that he had granted to the City for which he did not seek compensation and requested that, in light of those past grants, all development impact fees be waived for the project. Jim Brabeck, gave a history of the Farm Supply company and the desire to locate the business in Arroyo Grande. He requested support for waiver of the impact fees. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council and staff discussion and comments included the benefits the project would bring to the City, including the receipt of revenue from future property tax increment on the property; clarification regarding the need for an encroachment permit on EI Camino Real; legal concerns related to additional costs to the applicant resulting from new prevailing wage legislation related to waiving development impact fees; a suggestion to the applicant to look into the SCIP program for infrastructure financing options; concerns regarding cumulative traffic impacts at Brisco/101; and acknowledgement of the pending Brisco/101 Project Study Report and recommendations for improving the intersection. � Following discussion regarding the need for an encroachment permit, City Attorney Carmel suggested a modification to Condition of Approval #36 as follows: "The applicant shall be issued a revocable encroachment permit for use of a portion of EI Camino Real for parking purposes. Said permit shall be subject to review and approval of the Public Works Director and City Attorney." The Council concurred with the modification. Council Member Lubin moved to adopt a Resolution, as amended, adopting a Negative Declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit Case No. 02-013, Located at 1049 EI Camino Real, Applied for by Farm Supply. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Costello, Ferrara NOES: None ' ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of a Proposed Residential Density Increase and Subdivision of a 5.23-Acre site into 47 Single Family Lots for Property Located at Ash and Courtland Streets (Jasmine Place); S & S Homes. ' CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 5 Mayor Ferrara announced that he did not have a conflict of interest on this item, as his primary residence is approximately 800 feet from the project; therefore, he would participate in the consideration of this item. �ommunity Development Director Strong presented the staff report and recommended the Council: 1) Adopt a Resolution approving General Plan Amendment Case No. 02-002; 2) Adopt a Resolution Approving Specific Plan Amendment Case No. 02-001; 3) Introduce an Ordinance Amending the Zoning Map of the City of Arroyo Grande to rezone from RR and SF to MF; and 4) Adopt a Resolution Adopting a Negative Declaration with Mitigation Measures, Instructing the Director of Administrative Services to file a Notice of Determination, and Approving Vesting Tentative Tract Map Case No. 02-001 and Planned Unit Development Case No. 02-004 for 47 residential units known as Jasmine Place at Ash and Courtland Streets as applied for by S&S Homes, subject to certain conditions. Mayor Ferrara referred to Workforce Housing and inquired whether staff had looked into the program. He mentioned that the City of Novato had implemented a Workforce Housing program and that Atascadero was developing such a program. Director Strong responded that the City did not have a current policy in place; however, the Local Housing Task Force had discussed the issue. Mayor Ferrara opened the Public Hearing. The following members of the public spoke: John Mack, S&S Homes Project Architect, spoke in favor of the project and gave a PowerPoint presentation of the Jasmine Place Project. Jack Hardv, S&S Homes, spoke in favor of the project. Jessica Curtz spoke in favor of the project. Jonathan Hookman spoke in favor of the project. Paul Leininqer, Raspberry Lane, spoke in favor of the project. Chuck Fellows, Arroyo Grande, asked questions regarding the establishment of deed restrictions and soft seconds for the units. Mr. Hastings spoke in favor of the project. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. Director Strong referred to the Supplemental Memorandum distributed to the Council, which included a revised Resolution (on file in the Administrative Services Department) . Following Council comments, staff was requested to review alternatives for sharing of equity with the property owner when establishing the soft second trust deed for the project, and to focus on the establishment of a local workforce housing program.. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 6 Council Member Lubin moved to adopt a Resolution approving General Plan Amendment Case No. 02-002, located at the intersection of Ash and Courtland Streets, Applied for by S&S Homes. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Costello, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby decfared to be passed. . Council Member Lubin moved to introduce an Ordinance amending the Zoning Map of the City of Arroyo Grande; Development Code Amendment 02-004, applied for by S&S Homes, for property located at the intersection of Ash and Courtland Streets. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens, Ferrara NOES: None ' ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution approving Specific Plan Amendment Case No. 02-001, located at the intersection of Ash and Courtland Streets, applied for by S&S Homes. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the rnotion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution, as amended, adopting a Negative Declaration with mitigation measures, instructing the Director of Administrative Services to file a Notice of Determination, and approving Vesting Tentative Tract Map Case No. 02-001 and Planned Unit Development Case No. 02- 004, located at the intersection of Ash and Courtland Streets, applied for by S&S Homes. Council Member Costello seconded the motion, and on the following rolf-call vote, to wit: CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 7 AYES: Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara called a break at 9:45 p.m. The Council reconvened at 10:00 p.m. 9.c. Consideration of Final Environmental Impact Report (FEIR) for Conditional Use Permit Case No. 01-001 and Vesting Tentative Tract Map Case No. 01-002 (Creekside Center); 415 East Branch Street; Applicant — Richard DeBlauw. Community Development Director Strong presented the staff _report and recommended the Council adopt a Resolution certifying the Final Environmental Impact Report (FEIR) prepared for Conditional Use Permit 01-001 and Vesting Tentative Tract Map 01-002 (the Creekside Center "project") as adequate and complete pursuant to the requirements of the California Environmental Quality Act (CEQA). He introduced Alison Imamura, Denise Duffy & Associates, who gave an overview of the EIR. Mr. Robert Chattel also addressed the Council with respect to how the EIR was organized with regard to cultural and historical resources. Mr. Chattel responded to questions of Council relating to structures in Arroyo Grande listed in the California Register of Historical Resources, and whether or not moving a historical structure would impact its historical significance. Mayor Ferrara opened the Public Hearing. ' The following members of the public spoke regarding the Final Subsequent Environmental Impact Report for Conditional Use Permit Case No. 01-001 and Vesting Tentative Tract Map Case No. 01-002: Joe Boud, Joseph Boud & Associates, spoke in favor of certification of the EIR. Nancv Loomis, Arroyo Grande resident, expressed concerns with traffic impacts. Chuck Fellows, Arroyo Grande resident and Chairman of Preserve the Village, spoke in opposition to conclusions in the EIR and referred to correspondence submitted which outlined specific objections (on file in the Administrative Services Department). Gordon Bennett, Arroyo Grande resident, expressed concerns with traffic onto Le � Point Street and safety concerns related to the children walking on Crown Hill to school. Susan Flores, Arroyo Grande, spoke in favor of certification of the EIR. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 8 Council Member Lubin supported approval of the Final EIR with the exception of the comments added by Commissioner Brown. Council Member Costello expressed concerns with the traffic study with regard to traffic impacts on Le Point Street. He stated that he could understand the community- based arguments for historical significance of the warehouse; however, it could be di�cult to determine the structure as historical based on the State criteria. He agreed that the main house is historically significant. He supported any efforts to restore the warehouse or incorporating elements of the warehouse into the design of the project in order to maintain historical integrity of the project. He concluded by stating he had difficulty accepting the traffic study as accurate. Mayor Pro Tem Dickens commented on the historical significance of the Loomis complex and the proposed traffic mitigation. He stated he was not able to certify the EIR as being complete without some additional mitigation measures. He referred to cumulative impacts for traffic and stated that paying of traffic mitigation fees was inadequate mitigation. In addition, he referred to cultural resources and suggested placing historical significance on the complex as a whole. Mayor Ferrara acknowledged the effort that went into the preparation of the EIR; however, he stated there were some issues with the EIR that make certification difficult. He disagreed with the findings with regard to the warehouse structure; disagreed with the traffic analysis ratings for peak hour p.m. traffic and felt that the traffic data needed to be revisited. Mayor Pro Tem Dickens moved to direct staff to work with the EIR consultant to revise the portions that have been identified by Council, recirculate the document if necessary, and return to City Council for consideration of the revised Final EIR. Council Member Costello seconded the motion. City Manager Adams requested clarification of the specific issues the Council would like staff to follow up on. Mayor Pro Tem Dickens responded that the items to be revisited include the Loomis complex as having potential historical significance as a whole and looking at appropriate mitigations; and review of the traffic circulation and additional mitigation measures over and above the acceptance of fees. In response to traffic and circulation, Council Member Costello requested examination of Page 4.11-3, third bullet, and whether or not there is a substantial increase in hazards due to the design feature of the project. City Attorney Carmel asked for clarification on whether the Level of Service (LOS) issue was to be revisited. Mayor Ferrara said yes. There was consensus to include each of the items specified in the discussion. ' On the following roll-call vote, to wit: CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 9 AYES: Dickens, Costello, Ferrara NOES: Lubin ABSENT: Runels There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 9.d. Continued Public Hearing Item - Consideration of Development Code Amendment Case No. 02-006 to Revise Zoning Regulations for the Village Commercial District and Portions of the General Commercial and Office Professional Districts. Community Development Director Strong recommended the Council continue this public hearing item to June 24, 2003. Mayor Ferrara opened the Public Hearing, and upon hearing no public comments, he closed the Public Hearing. Council Member Costello moved and Mayor Pro Tem Dickens seconded the motion to continue the public hearing to the June 24, 2003 City Council meeting. The motion passed unanimously by voice vote. Mayor Ferrara called a recess at 10:10 p.m. The Council reconvened at 10:20 p.m. 10. CONTINUED BUSINESS: 10.a. Consideration of FY 2003-04 and FY 2004-05 Bi-Annual Budget. [COUNCIL/RDA] City Manager Adams presented the staff report and recommended the Council/RDA: 1) Adopt Resolution approving the FY 2003-04 and FY 2004-05 Bi-Annual Budget; and 2) Approve the proposed changes to the City's Financial Policies. Mayor/Chair Ferrara opened up the item for public comment, and upon hearing none, he closed the floor to public comment and brought the item back to Council/RDA for consideration. Council/Board Member Costello moved to adopt a Resolution approving the FY 2003-04 and FY 2004-05 Bi-Annual Budget; and approve the proposed changes to the City's Financial Policies. Mayor Pro TemNice-Chair Dickens seconded the motion, and on the following roll-call vote, to wit: ; AYES: Costello, Dickens, Lubin, Ferrara ' NOES: None i ABSENT: Runels � CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 10 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS: a) None. 13. CITY MANAGER ITEMS a) None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS City Manager Adams reminded the Council that Cal Poly students would be giving a presentation on the Design Guidelines for the�E. Grand Avenue Midway segment on Wednesday, June 11th at 5:00 p.m. in the Council Chambers. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande, commented on the traffic problems surrounding Paulding Middle School and issues related to the Loomis buildings. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 11:54 p.m. Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk (Approved at CC Meeting ) MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JUNE 24, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. SPECIAL CITY COUNCIL MEETING: Mayor Ferrara called the meeting to order at 6:30 p.m. Council Members Lubin and Costello, Mayor Pro Tem Dickens, City Manager Adams, and City Attorney Carmel were present. Council Member Runels was absent. 2. PUBLIC COMMENT: None. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956.8: Property: APN 006-153-005; 206 North Halcyon Road Agency Negotiator: Timothy J. Carmel, City Attorney Under Negotiation: Price and Terms of Potential Purchase 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING: The meeting was adjourned at 6:59 p.m. Tony M. Ferrara, Mayor ATTEST: � Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 24, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:02 p.m. 2. ROLL CALL City Council: Council Members Lubin, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. Council Member Runels was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Community Development Strong, Director of Parks, Recreation and Facilities Hernandez, and Associate Planner Heffernon. 3. FLAG SALUTE Members of Girl Scout Troop 723 led the Flag Salute. 4. INVOCATION Pastor Paul Bautts, Bethel Baptist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Recognition of Local Housing Task Force Members. Mayor Ferrara presented Certificates of Commendation to Larry Anderson, Roy Berger, Michael Byrd, Michael Leon, Wayne Philips, and Hal Rosen in recognition of their service to the City of Arroyo Grande as a member of the Local Housing Task Force. , Other members not present who were also acknowledged included Fred Bauer, Jerry ' Bunin, Carol Hatley, Lenny Jones, Mark London, Sid Richison, Steve Sanders, Gene ' Stephens, Susan Winsell, and Tom Ikeda. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Costello moved, Mayor Pro Tem Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Billie Swiqert, Arroyo Grande resident, spoke about issues related to the Loomis Complex and supported leaving the two-story house on the site as it was a part of the City's history. She referred to Hildy's House and stated she felt it had no historical CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 2 significance. In reference to parking issues on Nelson and Short streets, she stated there were only problems with parking during special events. She opposed taking away any portion of the Village green space for additional parking. 8. CONSENT AGENDA Mayor Pro Tem Dickens moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8. m., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.f. The motion carried on the following roll-call vote: AYES: Dickens, Costello, Lubin, Ferrara NOES: None ABSENT: Runels 8.a. Cash Disbursement Ratification. Recommended Action: Approved the listings of cash disbursements for the period June 1, 2003 —June 15, 2003. 8.b. Statement of Investment Deposits. ', Recommended Action: Received and filed the report of current investment deposits as of May 31, 2003. 8.c. Consideration of Salary and Benefit Adjustments for Management Employees. Recommended Action: Adopted Resolution No. 3688 approving compensation and benefit adjustments for management employees. 8.d. Consideration of Rejection of Claims Against City — 1) SBC-Pacific Bell; and 2) M. & W. Hart. Recommended Action: Rejected Claims for Damages against the City filed by SBC/Pacific Bell, Los Angeles; and Matthew and Wesley Hart, Paso Robles. 8.e. Consideration of Temporary Use Permit 03-004; Authorization to Close City Streets, Use City Property, and Waive Permit and Police Service Fees for the "Arroyo Valley Car Sho", on Saturday, July 26, 2003. Recommended Action: Adopted Resolufion No. 3689 approving Temporary Use Permit 03-004 for the "Arroyo Valley Car Sho" and authorize the waiver of permit and a portion of police service fees. 8.f. Consideration of Adoption of Ordinance of the City of Arroyo Grande Amending a Portion of the Zoning Map of the City of Arroyo Grande; Development Code Amendment 02-004; Applied by S & S Homes, Located at the Intersection of Ash and Courtland Streets. Recommended Action: Adopted.Ordinance No. 541 amending the Zoning Map for property located at Ash and Courtland Streets. 8.g. Consideration of Award of Contract for Spring 2003 Slurry Seal Capital Improvement Project, Project No. PW 2003-04. Recommended Action: 1) Awarded a construction contract for the Spring 2003 Slurry Seal Capital Improvement Project to Intermountain Slurry Seal, Inc. in the amount of $143,297.08; 2) Authorized the City Manager to approve change CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 3 orders not to exceed the contingency of $14,329.70 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $143,441.79 + $14,344.00 = $157,785.79; and, 3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.h. Consideration of Award of Contract for the Soto Sports Complex Lighting Project, Project No. PW 2003-02. Recommended Action: 1) Awarded a construction contract for the Soto Sports Complex Lighting Project to Lee Wilson Company in the amount of$ $202,200; 2) Authorized the City Manager to approve change orders not to exceed the contingency of $20,220 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $202,200 + $20,220 = $222,420); and, 3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.i. Consideration of Resolution Establishin� Sewer and Water Rates and Charges Outside the City Limits. Recommended Action: Adopted Resolution No. 3690 establishing new water and sewer rates and charges outside the City limits. 8.j. Consideration of Award of Contract to Tenera Environmental to Provide Services in Conjunction with the Annual Creek Cleaning Program. Recommended Action: 1) Awarded a contract to Tenera Environmental to Provide Services in Conjunction with the Annual Creek Cleaning Program, in the � amount of $13,100.00; and 2) Authorized the Mayor to execute the Consultant Services Agreement. 8.k. Consideration of an Amendment to the SHA/STP Cooperatii�e Agreement with the San Luis Obispo Council of Governments. Recommended Action: 1) Authorized the Mayor to execute Amendment No. 5 to the SHA/STP Cooperative Agreement No. AG-TEA21-01; and 2) Directed the Director of Administrative Services to submit Amendment No. 5 to the SHA/STP Cooperative Agreement No. AG-TEA21-01 to the San Luis Obispo Council of Governments. 8.1. Consideration of Appropriation for an Air Conditioning Unit. Recommended Action: Approved allocation of$4,000 from the General Fund for the purchase and installation of an air conditioning unit for the City Council Chambers upstairs conference, cablecasting a�d computer server room. 8.m. Consideration of Salary and Benefit Adjustments for Part-time Employees. Recommended Action: Adopted Resolution No. 3691 approving compensation and benefit adjustments for part-time employees. 9. PUBLIC HEARINGS: Mayor Ferrara declared a potential conflict of interest on Item 9.a. due to real property ownership near the project. He further clarified that he only had a conflict of interest on the portion of the project being considered this evening (Tract 2471). He stepped down from �he dais. Mayor Pro Tem Dickens presided over Item 9.a. CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 4 9.a. Consideration of Development Code Amendment 02-003, Specific Plan Amendment 02-002, and Tentative Tract Map 02-003; Berry Gardens Subarea 3; 1595 East Grand Avenue. Community Development Director Strong presented the staff report, recommended the Council: 1) Adopt a Resolution approving Specific Plan Amendment 02-002; 2) Introduce an Ordinance amending the Zoning Map of the City of Arroyo Grande, Development Code Amendment 02-002, to rezone 1.6 acres of Subarea 3 of the Berry Gardens Specific Plan from Rural Residential (RR) to Single Family Residential with Specific Plan overlay (SFR-SP); and 3) Adopt a Resolution approving Tentative Tract Map 02-003, creating nine (9) residential lots on a 1.6-acre portion of Subarea 3 of the Berry Gardens Specific Plan as applied for by Masumoto Revocable Trust, subject to certain conditions. Director Strong responded to questions from Council regarding issues related to affordable housing in-lieu fee provisions. Mayor Pro Tem Dickens opened the public hearing. Terry Orton, Westland Engineering, requested clarification regarding the affordable ! housing in-lieu fee provision and further stated that the applicant supports all other conditions of approval for the project. Upon hearing no further public comments, Mayor Pro Tem Dickens closed the public hearing. Council and staff discussion ensued with regard to the status of the Housing Element Update, potential changes to the affordable housing provisions, and clarification that the affordable housing in-lieu fee is based on a percentage of total construction costs. Council Member Lubin spoke in favor of the project and stated that as a smaller project, he could support the requirement for payment of the in-lieu fee for affordable housing; however, he was not clear what the fee would be and did not want the fee to be open- ended. He commented that he was willing to increase the fee to 6% of construction costs. Council Member Costello supported the project. He acknowledged that because the project included less than 12 units, on-site affordable housing units were not required, therefore he supported the requirement for the payment of affordable housing in-lieu fees. Mayor Pro Tem Dickens referred to the original intentions for the Berry Gardens project to be an entire affordable housing project. He commented that due to the housing market and the State mandate, there was a need to look at the project differently. He stressed the need to create housing stock that meets all income levels. He was not in favor of changing the existing provision for affordable housing in-lieu fees. He supported the project moving forward as proposed. CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 5 In response to Council discussion regarding the affordable housing in-lieu fee provision, City Attorney Carmel suggested modified language in Special Condition #7 as follows: "Prior to issuance of building permits, the applicant shall pay an affordable housing in- lieu fee equal to the greater of 3% of construction costs or the affordable housing in-lieu fee duly authorized by Ordinance in effect at the time building permits are issued." Council Member Lubin moved to adopt a Resolution approving Specific Plan Amendment 02-002; Located at 1595 East Grand Avenue; Applied for by Matsumoto Revocable Trust. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens NOES: None ABSENT: Runels, Ferrara There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby�declared to be passed. Council Member Lubin moved to adopt a Resolution, as amended, approving Tentative � Tract Map 02-003; Located at 1595 East Grad Avenue; Applied for by Matsumoto Revocable Trust. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens NOES: None ABSENT: Runels, Ferrara There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Council Member Lubin moved to introduce an Ordinance amending the Zoning Map of the City of Arroyo Grande; Development Code Amendment 02-002; Applied for by Matsumoto Revocable Trust. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens NOES: None ABSENT: Runels, Ferrara There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara returned to the dais. CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 6 9.b. Consideration of Rezoning the Village Commercial District and Portions of the General Commercial and Office Professional District to Village Core Downtown, Village Mixed Use, Village Residential and Single Family Residential; Revising Land Use Regulations in Title 16 to Address Requirements for Mixed Use Districts and Approval Processes. Community Development Director Strong gave a brief explanation on the request for the continuation and recommended the Council open the public hearing, accept public comment, and continue the hearing to August 12, 2003. Mayor Ferrara opened the Public Hearing, and upon hearing no comments, he closed the Public Hearing. Council Member Lubin moved to continue the hearing to the August 12, 2003 City Council meeting. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: - AYES: Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES,�and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration to Authorize the Circulation of the Draft Storm Water Management Plan. . Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Authorize the circulation of the draft Storm Water Management Plan (SWMP) for public comment; and 2) Direct staff to return to the City Council in approximately 60 days with a summary of public comments and make any modifications deemed necessary or appropriate. Mayor Ferrara opened up the item for public comment, and upon hearing no public comments, he closed the floor to public comment. Mayor Pro Tem Dickens moved to authorize the circulation of the draft Storm Water Management Plan (SWMP) for public comment, and to direct staff to return to the City Council in approximately 60 days with a summary of public comments and make any CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 7 modifications deemed necessary or appropriate. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: � AYES: Dickens, Costello, Lubin, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Met June 4th; Discussed Caltrans District 5 projects and activities; Reported that STIP funding has been delayed until October; RTIP project applications will be considered in April 2004; Discussed pending legislative issues; Reported that several ribbon cutting and ground-breaking ceremonies were held, including one in Arroyo Grande for the Creekside Path Phase III project; Reported that a lot of ! projects are being funded in the South County. (2) Integrated Waste Management Authority (IWMA). 1) Election of Officers was held; 2) Reviewed the Proposed FY 03-04 Program Objectives and Budget; and 3) Received local enforcement agency update for landfills. (3) Other. None. b. MAYOR PRO TEM J.IM DICKENS: (1) South County Youth Coalition. No report. (2) South San Luis Obispo County Sanitation District (SSLOCSD). No report. (3) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS: (ABSENT) (1) Zone 3 Water Advisory Board. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. d. COUNCIL MEMBER SANDY LUBIN: (1) South County Area Transit (SCAT). 1) Reported that the Board negotiated a three-year contract for the Senior Taxi Service which necessitated an increase in fees back to the original $40 per 10-ride card; 2) Approved FY 03-04 Budget; and 3) Discussed SCAT operations; will continue with current operations in-house and will contract out maintenance and dispatch. CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 8 (2) Economic Vitality Corporation (EVC). Meets tomorrow. Will be last meeting as Chairman of the Board; new Chair will be Missy Hobson from PG&E. (3) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). No report. Next meeting is in July. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: a) Discussion Regarding Conflict of Council Meeting of September 9, 2003 with League of California Cities Annual Conference, September 7-10, 2003. (FERRARA) Mayor Ferrara suggested that the Council consider cancellation of the September g�n meeting due to the Annual LOCC Conference. Council agreed to put the matter on the � July 8, 2003 City Council Agenda for consideration. 14. CITY MANAGER ITEMS: None, 15. COUNCIL COMMUNICATIONS: Council Members Lubin and Costello reported that they would not be present at,the July 8, 2003 City Councif Meeting. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:22 p.m. Tony M. Ferrara, Mayor ATTEST: Kelly Wetmore, Director of Administrative Services/ Deputy City Clerk (Approved at CC Mtg ) 1 8.e. o� PRROroc p h INCORGOAATED �Z M E MORAN DU M V T � JUIY 10, 1811 * c4��FORN�P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR � � SUBJECT: STATEMENT OF INVESTMENT DEPOSITS DATE: JULY 8, 2003 Attached please find a report listing the current investment deposits of the City of Arroyo Grande, as of June 30, 2003, as required by Government Code Section 53646 (b). i'ii! CITY OF ARROYO GRANDE MONTHLY INVESTMENT REPORT �f� o�juKe 30, 2A03 july 8, 2003 This report presents the City's investments as of June 30, 2003. It includes all investments managed by the City, the investment institution, type of investment, maturity date, and rate of interest. As of June 30, 2003, the investment portfolio was in � compliance with all State laws and the City's investment policy. Current Investments: The City is currently investing all short-term excess cash in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. This is a very high ' quality investment in terms of safety, liquidity, and yield. The City may readily ', transfer the LAIF funds to the City's checking account when funds are needed. At this time, the City does not hold any other investments. The following is a comparison of investments based on book values as of June 30, 2003 compared with the prior month and the prior year. LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR Date: June 2003 May 2003 June 2002 Amount: $14,000,000 14,000,000 12,000,000 Interest Rate: 1.78% 1.77% 2.76% 8.f. o� PRROroc � � INCORPOAATED�Z � o MEMORANDUM � JUIY 10. 1911 * c���FORN�P TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING & FIRE � SUBJECT: CONSIDERATION OF AWARD OF BID FOR ADA UPGRADE OF THE ARROYO GRANDE WOMAN'S CLUB AND COMMUNITY CENTER DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the City Council approve the award of bid to Anderson Burton Construction in the amount of $46,000 to continue with the Americans with Disabilities Act (ADA) Transition Plan, upgrading the Arroyo Grande Woman's Club and Community Center, and authorize the City Manager to execute a contract. FUNDING: The City of Arroyo Grande and the SLO County Board of Supervisors authorized the application of the Department of Building and Fire for Program Year 2001 Community Development Block Grant (CDBG) funds in the amount of $26,000 for Handicapped Accessibility Improvements at the Arroyo Grande Woman's Club and Community Center. A reallocation of 2002 funds processed under the Consolidated Plan Amendment allocated an additional $20,000 to the project. The total amount of present funding for the project is $46,000. This amount will allow completion of Phase One work as described below. It is anticipated that additional funds will later be allocated through the CDBG process to complete the modifications necessary to bring the entire Arroyo Grande Woman's Club and Community Center into ADA compliance. DISCUSSION: The proposed disabled access improvements include parking, passenger loading and unloading zone, and accessible exterior routes of travel to the building's main entry. These exterior improvements will be Phase One in bringing the Arroyo Grande Woman's Club and Community Center into compliance with both Federal Law and the City's ADA Transition Plan. The following vendors provided bids for completion of all modifications necessary to achieve total ADA compliance of the Arroyo Grande Woman's Club and Community Center: C1TY COUNCIL AWARD OF BID FOR ADA UPGRADE OF THE ARROYO GRANDE WOMAN'S CLUB AND COMMUNITY CENTER JULY 8, 2003 PAGE 2 Anderson Burton Construction, Arroyo Grande, CA $ 72,358 James O'Donnell Company, Arroyo Grande, CA $ 89,550 J.M. Reiss & Associates, San Luis Obispo, CA $156,000 The lowest bid to complete all work necessary to bring the Arroyo Grande Woman's Club and Community Center into ADA compliance is from Anderson Burton Construction. Building and Fire staff verified background on Anderson Burton Construction with EPLS (excluded parties listing system) and the Contractor's State License Board. The bid included provisions for performance bonding. Because of incomplete funding through CDBG at this time, Anderson Burton Construction will be completing just the Phase One exterior improvements at this time, for the funded amount of$46,000. If approved, Phase One of the project will begin on or about July 9, 2003. ALTERNATIVES: The following alternatives are provided for the Council's consideration: -Approve staff's recommendation; -Do not approve staff's recommendation; -Modify as appropriate and approve staff's recommendation; -Provide direction to staff. Attachment: Bid worksheet ; � . _ 8■9■ O� pRROY�C � � �+co�oA�TEO�Z MEMORANDUM u ° �c .�xr �o. ,o» ,F c9��FOR��P TO: CITY COUNCIL � FROM: RICK TerBORCH, CHIEF OF POLICE SUBJECT: CONSIDERATREMOVE M A RED DTR VERSO RI�D)T O FI�CE OF REGIONAL TRAFFIC SAFETY GRANT DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the City Council adopt the attached resolution to authorize participation by the Police Department in the Regional "Remove Impaired Drivers" (RID) State Office of Traffic Safety (OTS) grant which will be administered by the San Luis Obispo Office of the California Highway Patrol. FUNDING: Should the City elect to participate in this program, the City will receive reimbursement for police officer overtime associated with the holiday season driving under the influence (DUI) enforcement program (AVOID the Thirteen). DISCUSSION: The California Highway Patrol has secured a "Remove Impaired Drivers" (RID) grant from the California Office of Traffic Safety for funding of a DUI enforcement program between October 1 and December 31, 2003. The grant funding will be utilized to reimburse participating agencies for overtime expended in conducting DUI checkpoints and extra enforcement patrols. This will be done to coincide with the current "AVOID the Thirteen" holiday DUI enforcement program which has been successfully utilized countywide for the past eighteen (1$) years. The "AVOID the Thirteen" program is a concerted drunk driving enforcement program conducted during the holiday season which involves thirteen law enforcement agencies in San Luis Obispo County (the seven municipalities, the Sheriff's Department, the California Highway Patrol, State Parks and Beaches, Cal Poly Police Department, Cuesta College Police Department, and the Atascadero State Hospital Police Department). Under the RID program, officers countywide will be assigned, on an overtime basis during identified peak DUI periods, to conduct DUI checkpoints and identify and arrest suspected DUI drivers. Since this grant program is integrated into our cu�rent holiday enforcement efforts, the grant is essentially "found money" to reimburse a portion of the current costs for our proven successful efforts. CONSIDERATION OF AUTHORIZATION TO PARTICIPATE IN REGIONAL "REMOVE IMPAIRED DRIVERS" (RID) OFFICE OF TRAFFIC SAFETY GRANT JULY 8, 2003 PAGE 2 In order to participate in this grant program City Council authorization, in the form of the attached resolution, is required. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1 . Approve participation in the RID Grant Program, or 2. Do not approve participation in the RID Grant Program. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPPORTING THE CONCEPT AND EFFORTS OF THE CALIFORNIA HIGHWAY PATROL NEEDED TO CONDUCT A DRIVING UNDER THE INFLUENCE (DUI) TRAFFIC SAFETY PROJECT WHEREAS, DUI drivers are a significant traffic safety problem; and WHEREAS, the California Highway Patrol has received grant funds from the California Office of Traffic Safety to act as the lead agency for a multi-agency DUI enforcement project entitled Removing Impaired Drivers Project AL0307; and WHEREAS, the participating law enforcement agencies are the California Highway Patrol, Police Departments of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo, California Polytechnic State University, Cuesta College, Atascadero State Hospital, Sheriff's Department of San Luis Obispo County, and California State Parks and Beaches; and WHEREAS, the City Council of the City of Arroyo Grande has agreed that increasing traffic law enforcement is an important element in improving public safety. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, expresses its strong support for the project and authorizes execution of agreements with participating law enforcement agencies as provided in the Office of Traffic Safety grant agreement. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2003. RESOLUTION NO. PAGE TWO TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY 8.h. o� pRROV�C � M/COHYORATEO i . � " MEMORANDUM � ,NnY ,o. ,a„ ,� c���FOR��P TO: CITY COUNCIL FROM: RICK TerBORCH, CHIEF OF POLIC SUBJECT: CONSIDERATION OF AUTHORIZATION TO PURCHASE POLICE TRAFFIC ENFORCEMENT MOTORCYCLE DATE: JULY 8, 2003 RECOMMENDATION: It is recommended that the City Council authorize staff to purchase a 2004 BMW Motorcycle, Model R1150RT-P/CHP Version, from A & S BMW Motorcycles, for a total cost of $20,190. FISCAL IMPACT: The FY 2003-04 Police Department Budget includes $21,600 for the purchase of a replacement traffic enforcement motorcycle. The recommended purchase is$1,410 under the budgeted amount. DISCUSSION: The City Council authorized an appropriation in the FY 2003-04 Budget for the replacement of the 1998 Kawasaki 1000 Police Enforcement Motorcycle. The budget specified the purchase of the California Highway Patrol (CHP) BMW Enforcement Motorcycle through the State of California, General Services contract (see Attachment A). By doing so, the City will receive a guaranteed buy-back of the BMW motorcycle of$10,416. This results in an end cost for the motorcycle of $9,774. This offer is available only through the State Purchasing Program. Purchases through the State program preclude the necessity of engaging in a formal bid process. A & S BMW Motorcycles, Roseville, California, is the State of California contractor for the CHP BMW motorcycle (see Attachment B). The cost for the motorcycle, fully equipped except for radio and radar, is $20,190. The radio and radar from the existing Kawasaki motorcycle will be transferred to the new BMW motorcycle. Installation of the radio is included in the cost for the motorcycle. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staff s recommendation; or 2. Do not approve staff s recommendation and provide direction to staff. Attachments (2) ATTACHMENT "A" TWO YEAR BUDGET - POLICE OPERATING EQUIPMENT FY 2003-04 FY 2004-05 directing Police Department speed enforcement activities. The existing unit is approaching five (5) years� of age and, coupled with the fact that it is used exclusively in the radar trailer in all manner of weather conditions, the computer is beginning to experience reliabifity problems. It is anticipated that it will need to be replaced no later than FY 2005-06. .6301 VEHICLES $90,300 $109,700 REPLACEMENT ENFORCEMENT MOTORCYCLE $21 600 � There is a need to replace the 1998 Kawasaki 1000 Police Enforcement motorcycle during FY 2003-04. The motorcycle is scheduled for replacement at that time both under the City's and the Police Department's Fleet Replacement Schedule. The City's Administrative Policy for replacement of equipment does not currently contain criteria specific to the replacement of police enforcement motorcycles. However, as part of the FY 2001-02 Budget, the City Council accepted staff s recommendation of replacing a 1996 Kawasaki 1000 Police Enforcement motorcycle with 24,800 miles after four (4) years. The current 1998 Kawasaki is four (4) years old and has approximately 22,300 miles. For reference, the Pismo Beach Police Department currently replaces motorcycles after three (3) years of service and the San Luis Obispo Police Department replaces motorcycles after four (4) years of service. It is proposed to replace the current 1998 Kawasaki motorcycle with the CHP BMW enforcement motorcycle available through the State of California General Services. By doing so, there is a guaranteed buy-back option after four (4) years of $9,433. The cost of the motorcycle is $19,600 plus $2,000 for associated equipment and installation of radio. REPLACEMENT CANINE UNIT $30 500 � 0 There is a need to replace the current '�993 Canine Unit in FY 2003-04. City Administrative Policy C-006 criteria for replacement of patrol units is three (3) years and/or 100,000 miles. The Canine Unit is ten (10) years old with approximately 70,000 miles. Additionally, the Canine Unit is scheduled for replacement in FY 2003-04 under both the City's and the Police Department's Fleet Replacement Schedules. Cost includes purchase of the vehicle, associated emergency equipment, canine equipment, and installation of emergency systems. REPLACEMENT UTILITY PATROL VEHICLE $38 200 � There is a need to replace the current 1997 Ford Expedition utility patrol vehicle in FY 2003-04. Administrative Policy C-006 criteria for replacement of light trucks (to include utility vehicles) is five years and/or 80,000 miles. The Police Department utility vehicle is six (6) years old and currently registers 79,900 miles. Additionally, the utility vehicle is scheduled for replacement in FY 2003-04 under both the City's and the Police DepartmenYs Fleet Replacement Schedules. The utility vehicle is used as a Command 010-4201 G-13 _ __ _..___ 06/14/2003 04:50 9167214862 A&S BMW MOTORCYCLE5 r�u� u� ATTACHMENT "B" A � S BMW MOTORCYCI�ES 1125 A ORLANDO AV�. ROSEVILLE, CA. 95661 (916)726-7334 6/17/2003 BMW MOTORCYCLE 2004 MODEL R1150RT-P/CHP VERSION 516,275.00 ARROYO GRANDE PD pARTS LA90R CODE 3 SIREN SPEAKER $�8g•62 $34.92 CODE 3 SIREN SPEAKER MOUNT �48.67 CODE 3 SIREN AMP INCL. CODE 3 SIREN HARNESS-MOTOROLA INCL. TRIPLE PTT BRACKET $39.65 $17.46 AMP 2X PLUG $2.75 CODE 3 LED RED-FRONT $1,856.74 COD�3 LED BLUE-FRONT INCL. CODE 3 LED PLASTIC HOU5ING KITS INCL. CODE 3 LED FRONT MOUNTING BRACKETS 1NCL. CODE 3 IIGHTING HARNESS INCL. CODE 3 lE0 RED X 2-SIDE INCL. CODE 3 LED SIDE MOUNTS INCL. cO�E 3 LE�BLUE�UPLEX-REaR 1NCL. CODE 3 LED AMBER OUPI.EX-REAR INCi.. COOE 3 lED BLUE-X 2-RADIO BOX INCL. CODE 3 LED REAR LICENSE BRACfC�T-DUPLEX LIGHTS INCL REAR LED 9RAKE LIGHT INCL. 6 WAY FLASHER RELAY $65.17 $34.92 IONG SPEAKER WIRE N/C POLICE NOTE PAD HOLDER $28.53 ANATANAE GROUN�PLAtE 311.55 RADIO POWER HARNESS �13.20 INSTALL AGENCY SUPPLIEp RADIO/PVP N/C $349.20 PAINT-NO ($80.00) 7HROTTLEMEISTER-NO ($1�0.00) CONTROL HEAD VISOR $6.84 FRONT PROTECTION BAR SPACERS N/C CHP ANTENNA ($80.77) CHROME ANT MOUNT CREDIT ($80.93) CHP AN7ENNA BRIDGE 72.00 $18,120.02 5436.50 �18,556.52 SUBTOTAL FREIGHT $2$5.33 TAX 7.25% �1,345.34 TIRE RECYCLING FEE 52.00 $20.189.19 TOTAL BUYBACK AFTER 3 YRS OR 60,000 MILES $10,416.44 � pRROYO �■�■ ° �p � wconPOn�reo 92 v T � ,iu�r �o. �o�� * cqt�FOR��P MEMORANDUM TO: CITY COUNCIL FROM: RICK TERBORCH, CHIEF OF POLICE �]�,, BY: KAREN SISKO, HUMAN RESOURCES MANAGER �W� SUBJECT: CONSIDERATION OF RESOLUTION APPROVING FY 2003/04 AND FY 2004/05 MEMORANDUM OF UNDERSTANDING WITH SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 620 DATE: JULY 8, 2003 RECOMMENDATION: It is recommended that the City Council adopt a Resolution approving the FY 2003/04 and FY 2004/05 Memorandum of Understanding with the Service Employees International Union (SEIU), Local 620, (Exhibit "A"). FISCAL IMPACT: Costs are projected to be approximately $99,095 for FY 2003/04 and approximately $205,185 for both years in the biannual budget. DISCUSSION: The City and the Service Employees International Union (SEIU), Local 620 which represents full-time General Unit and Supervisory Unit City employees have been engaged in labor negotiations. On June 12, 2003 the City and SEIU negotiators came to a tentative agreement on a proposed contract. The contract will cover a two-year period commencing July 1, 2003 and ending June 30, 2005. This contract involves salary and benefit issues. The Memorandum of Understanding (MOU) was ratified by the SEIU membership on June 24, 2003. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve the Memorandum of Understanding as presented; 2. Reject the Memorandum of Understanding and direct City negotiators to reopen negotiations with the SEIU. Attachment: 1. Memorandum of Understanding (Exhibit "A") RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A SALARY AND BENEFIT PROGRAM FOR EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620, ARROYO GRANDE CHAPTER, AND REPEALING THOSE SECTIONS OF RESOLITION NO. 3384 ADOPTED ON AUGUST 10, 1999 IMPACTING SAID EMPLOYEES WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande and its employees represented by the Service Employees International Union, Local 620 that compensation be fixed for all full-time non-management employees as herein provided; and WHEREAS, the City has established compensation and working conditions through the meet and confer process with the designated employee representatives as depicted in Exhibit "A", entitled Memorandum of Understanding between the City of Arroyo Grande and the Service Employees International Union, Local 620, a copy of which is attached hereto and incorporated herein by this reference. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that the terms of this Resolution as contained in Exhibit "A" attached hereto and incorporated herein shall become effective July 1, 2003. BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of Resolution No. 3384 which established salary and benefits for full-time employees represented by the Service Employees International Union, Local 620. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: � AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of , 2003. RESOLUTION NO. PAGE 2 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT "A" 2003/2004 - 2004/2005 (Two Years) MEMORANDUM OF UNDERSTANDING BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 Arroyo Grande Chapter AND CITY OF ARROYO GRANDE 2003/2004,� �20.04/2005 MEMORANDUM OF UNDERSTANDING SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 ARROYO GRANDE CHAPTER TABLE OF CONTENTS ARTICLE 1: TERM OF MEMORANDUM ........................................ 1 ARTICLE 2: RECOGNITION ........................................................ 1 ARTICLE 3: NONDISCRIMINATION .............................................. 1 ARTICLE 4: UNION RIGHTS ........................................................ 2 4.1 Representation ............................................... 2 4.2 Bulletin Board ................................................ 2 . 4.3 Union Stewards .............................................. 3 4.4 Dues Deduction ............................................. 3 4.5 Use of City Facilities ....................................... 6 4.6 Contracting Out .............................................. 6 ARTICLE 5: GRIEVANCE PROCEDURE ........................................ 6 ARTICLE 5.5: DISCIPLINARY APPEAL PROCEDURE ........................ 10 ARTICLE 6: MANAGEMENT RIGHTS ............................................ 12 !! ARTICLE 7: WAGES / INCREASES ............................................... 13 ` 7.1 Advancement in Salary .................................... 14 7.2 Paychecks ..................................................... 15 7.3 Educational Pay .....:....................................... 15 7.4 Shift Differential .............................................. 16 ARTICLE 8: NO STRIKE / NO LOCKOUT ....................................... 16 SEIU MOU SEIU MOU — TABLE OF CONTENTS (continued) ARTICLE 9: SPECIAL PAY PRACTICES ....................................... 17 9.1 Flex-Time Schedules ...................................... 17 9.2 Use of Private Vehicle/Mileage Rate .................. 17 9.3 Callback Pay .................................................. 17 9.4 Hours of Work and Overtime ............................ 17 9.5 Standby Pay ................................................... 18 9.6 Rest Periods and Breaks ................................. 18 9.7 Alternate Work Schedules ............................... 18 9.8 Bilingual Pay .................................................. 18 ARTICLE 10: INSURANCE ............................................................ 19 10.1 Medical Insurance Benefits .............................. 19 10.2 Vision Insurance ............................................. 20 10.3 Life Insurance Plan ......................................... 20 10.4 State Disability Insurance ................................ 20 10.5 Dental Insurance Plan ..................................... 20 ARTICLE 11: HOLIDAY LEAVE ..................................................... 20 ARTICLE 12• VACATION LEAVE 21 . ................................................... ARTICLE 13: SICK LEAVE ........................................................... 23 13.1 Bereavement Leave ........................................ 24 13.2 Family Leave ................................................. 24 ARTICLE 14: LEAVES OF ABSENCE ............................................. 25 14.1 Medical Leave ................................................ 25 14.2 Emergency Leave ........................................... 25 14.3 Jury Duty ....................................................... 25 14.4 Military Leave ................................................. 26 ARTICLE 15: UNIFORM ALLOWANCE ............................................ 26 15.1 Safety Shoes .................................................. 26 15.2 Safety Glasses ................................................ 26 ARTICLE 16: RETIREMENT .......................................................... 27 16.1 PERS Retirement Contributions ........................ 27 16.2 Retirement Defined .......................................... 27 16.3 Retiree Medical ............................................... 28 SEIU MOU SEIU MOU —TABLE OF CONTENTS (continued) ARTICLE 17: PROBATIONARY PERIOD ........................................ 28 ARTICLE 18: PROMOTION .......................................................... 28 ARTICLE 19: PROMOTIONAL OPPORTUNITIES ............................. 29 ARTICLE 20: MAINTENANCE WORKER JOB SERIES....................... 30 ARTICLE 21: TRANSFERS .......................................................... 30 ARTICLE 22: DEMOTION ............................................................ 30 ARTICLE 23: LAYOFFS AND DISPLACEMENT .............................. 31 ARTICLE 24: PERSONNEL RECORDS .......................................... 32 ARTICLE 25: RESIGNATION ........................................................ 32 ARTICLE 26: OUTSIDE EMPLOYMENT .......................................... 32 ARTICLE 27: POSITION VACANCIES ............................................. 33 ARTICLE 28: POSITION CLASSIFICATION ..................................... 33 ARTICLE 29: PROFESSIONAL DEVELOPMENT .............................. 33 ARTICLE 30: UNIT ASSIGNMENTS ................................................ 34 ARTICLE 31: MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS ........................................................... 34 ARTICLE 32: M,O.U. IMPLEMENTATION ........................................ 34 ARTICLE 33: OBLIGATION TO MEET AND WAIVER CLAUSE ........... 34 ARTICLE 34: SAVINGS CLAUSE ................................................... 35 SEIU MOU 2003/2004; -xi.2004/2005 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ARROYO GRANDE AND LOCAL 620, SERVICE EMPLOYEES INTERNATIONAL UNION, ARROYO GRANDE CHAPTER THE PARTIES HAVE MET AND CONFERRED IN GOOD FAITH REGARDING EMPLOYMENT TERMS AND CONDITIONS FOR THE EMPLOYEES COMPRISING THE ABOVE RECOGNIZED EMPLOYEE ORGANIZATION FOR THE GENERAL SERVICES UNIT AND SUPERVISORS UNIT AND, HAVING REACHED AGREEMENT, AS HEREIN SET FORTH, SUBMIT THIS MEMORANDUM OF UNDERSTANDING TO THE CITY COUNCIL, WITH JOINT RECOMMENDATION THAT COUNCIL ADOPT THE TERMS AND CONDITIONS AND TAKE SUCH OTHER ADDITIONAL ACTIONS AS MAY BE NECESSARY TO IMPLEMENT ITS PROVISIONS. � ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of Memorandum of Understanding shall be from the date this M.O.U. is signed by the Negotiations Committee Members of S.E.I.U., until June 30, 2005, and thereafter shall continue from year to year. Either party may request modification by March 15, 2005, in which event, meeting and conferring shall begin no later than April 15, 2Q05. ARTICLE 2. RECOGNITION The City recognizes the Union as the sole and exclusive bargaining agent for all permanent classifications in the Supervisory Employees' representation unit and General Services unit. ARTICLE 3. NONDISCRIMINATION The provisions of this Memorandum of Understanding shalt be applied equally to all employees covered hereby without discrimination because of race, color, sex, physical disability, age, national origin, religious affiliation, or Union membership. Employees may elect to exercise their right to join and participate in the activities of the Union for the purposes of representation in all matters of their working conditions and employer-employee relations. The parties agree that there shall be no restraint, coercion, or interference with any employee with respect to or because of the employee's membership in said Union. The City and the Union agree that each employee shall be treated equally, fairly, and with dignity and respect. SEIU MOU 1 ARTICLE 3. NONDISCRIMINATION (continued) The Union and the City agree to support the Affirmative Action Program established by the City and that there shall be no discrimination within their respective organizations because of race, creed, sex preference, color, national origin, age, disability, or political belief. Any party alleging a violation of this article shall have the burden of providing the existence of a discriminatory act or acts and/or proving that, but for such a.ct or acts, the alleged injury or damage to the grievant would not have occurred. Discrimination complaints based on Union membership and/or activity shall continue to be subject to the grievance procedure and arbitration. ARTICLE 4. UNION RIGHTS 4_1 Rearesentation With respect to the meet-and-confer process, three (3) Union representatives shall be the maximum number of employees allowed to meet with City representatives on City time during their normal working hours for the purpose of meeting and conferring in good faith without loss of pay or any benefits. , 4.2 Bulletin Board � The City will fumish, for the use of the Union, reasonable bulletin board space at reasonable locations. Such bulletin board space shall be used only for the following subjects - Union recreational, social, and related news bulletins; - Scheduled Union meetings; - Information concerning Union elections or the results thereof; - Reports of official business of Union, including reports of committees or the Board of Directors; and - All material shall clearly state that it is prepared and authorized by the Union. Union agrees that notices posted on City bulletin boards shall not contain anything that may reasonably be construed as maligning the City or its representatives. SEIU MOU 2 ARTICLE 4. UNION RIGHTS (continued) 4_3 Union Stewards A. The City authorizes the Arroyo Grande Chapter of the Service Employees International Union to appoint three (3) "Union Stewards" and one (1) alternate, any of which may represent an employee subject to the City's grievance procedure (Article 5). B. The Union shall provide the City Manager with a list of all authorized Union �tewards, and the list shall be kept current. C. An employee and/or his/her "Union Steward" representative may, when and to the extent necessary, take official City time, without loss of compensation, in order to participate in the investigation and processing of a grievance as provided for in Article 5, upon notification and approval of the immediate supervisor or his/her designee. D. The City Manager will approve employee and/or Union Steward taking official City time to investigate and process a grievance, when and to the extent necessary, and only if it will in no event ', adversely affect the operational, security, or safety requirements of ' � the City. ' E. It is understood that the employee and/or Union Steward shall make every reasonable effort to perForm any of the above activities on off-duty time. 4.4 Dues Deduction A. The City agrees to deduct dues twice monthly and remit them to the Union, as approved by the Union Board of Directors and authorized in writing by the individual employees concerned, on forms currently accepted by the City for such deductions. B. For the employees in the unit who authorize Union dues deductions, the City shall automatically continue such dues deduction. C. The City agrees to provide the Union the name and deduction status of all unit employees each pay period for which deductions are made. The report shall include employees hired/transferred into or out of the unit, as well as all those on leaves of absence. SEIU MOU 3 ARTICLE 4. UNION RIGHTS (continued) 4_4 Dues Deductions (continued) D. Deductions. Ail employees in the unit who have not authorized a Union dues deduction shall, within the thirty (30) day period following notification of their obligation under this agreement, execute an authorization for the payroll deduction of one of the following: 1) Union dues; 2) a service fee, equal to the percentage of the regular dues, that is used for legally permissible representation costs; or 3) if he/she qualifies, a charity fee, equal to the service fee, to the tax-exempt charitable organization that has been agreed to by the employee and the Union. To qualify for the designated charity fee deduction, an employee must certify to the Union that he/she is a member of a bona-fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations. Such exempt unit employees will be required to submit to the Union a notarized letter certifying that person's membership in such a religion, body, or sect, signed by an official of the bona-fide religion, body, or sect. If an employee fails to authorize one of the above deductions within the thirty (30) day authorization period, the City shall notify the employee, in writing, of his/her contractual obligation to authorize one of the payroll deductions. If an employee fails to authorize one of the deductions, the Union may seek enforcement through the courts. E. Service Fee as Condition of Emqlovment. After July 1, 1995, all employees hired into the units who fail to authorize a Union dues deduction or service fee deduction must, as a condition of their continued employment, authorize a service fee deduction within thirty (30) days following the beginning of their employment. The employee may avail his/herself of the options set forth in "D" above. If an employee f�ils to meet this obligation, the Union will make a written request to the City to take the necessary steps to separate that employee from City service. The City will inform the Union of all new hires. SEIU MOU 4 ARTICLE 4. UNION RIGHTS (continued) 4_4 Dues Deduction (continued) F. Financial Documentation. The Union has presented a demonstration that the legally permissible costs that may be charged as a service fee to a nonmember equals somewhat more than ninety-five percent (95%) of dues. The City has not challenged that demonstration and agrees to deduct a service fee equal to ninety-five percent (95%) of dues. The Union shall, within ninety (90) days after the end of each fiscal year, make available to the City financial documentation that shall meet the requirements of Government Code Section 3502.2. The City agrees to provide the Union the name, department, class, and payroll deduction of all unit employees upon request. G. Petition. Election, and Challenae. If a petition is filed_with the City that requests an election rescinding agency shop, and such petition contains signatures collected within a forty-five (45) day period of at least thirty percent (30%) of the employees in the bargaining unit, ' an election will be held. Such election may only be held once during the term of the Agreement. The verification of.the petition and the election shall be conducted by the State Conciliation Service, voting shall be by secret ballot, and a majority vote of all employees in the bargaining unit shall be required to rescind agency shop. A unit employee, who is subject to the payment of a representation service fee hereunder, has certain legal rights to object to that part of the fee payable to him or her, which represents the employee's additional pro-rata share of expenditures by the Union that is utilized for expenditures not incurred for the purpose of performing the duties incident to effective representation in employer-employee relations. An employee wishing to exercise these rights must contact the Union office. H. Hold Harmless. The Union agrees to indemnify, defend, and hold harmless the City and its o�cers, employees, and agents against . all claims, proceedings, and liabilities arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the City under this Article. SEIU MOU 5 ARTICLE 4. UNION RIGHTS (continued) 4_4 Dues Deduction (continued) I. Enforcement/Severabilitv. In the event the Service Fee provision Qf the Article is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree to reopen this Article of the Agreement for the purposes of implementing modified agency shop provisions. 4.5 Use of Citv Facilities A. The Union may, with prior approval of the City Manager, be granted the use of City facilities for Union business meetings of City employees, provided space is available. No use fee will be charged. B. The City shall provide, at no cost to the Union, a copy of each City Council agenda (Summary Form). By being provided the agenda, the Union acknowledges the City has met its obligation of notification of matters or issues within the scope of representation on the Council Agenda. , 4.6 Contractinq Out The City agrees to communicate with the Union upon request in regard to the � following matters: 1. Any proposed subcontracting of services that would result in the elimination of unit member's job. 2. Changes in services that would result in the elimination of unit member's job. ARTICLE 5. GRIEVANCE PROCEDURE Pur ose: A. This grievance procedure shall be the exclusive process to resolve grievances as the term is defined below: 1. To resolve grievances informally at the lowest level. 2. To provide an orderly procedure for reviewing and resolving grievances promptly. SEIU MOU 6 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Definitions: A. Grievance means a complaint by an employee concerning the interpretation or application of the provisions of this M.O.U. or of rules or regulations governing personnel practices or conditions, which complaint has not been resolved satisfactorily in an informal manner befinreen the employee and his/her immediate supervisor. B. As used in this procedure, the term "immediate supervisor" means the individual so designated by City management who assigns, reviews, and directs the work of an employee at the first level. Time Limits: Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure; however, with the written consent of all parties, the time limitation for any step may be extended. _ Step 1: The grievance initially shall be personally discussed between the employee and his/her immediate supervisor. Within seven (7) working days the immediate supervisor shall give his/her decision or response. The grievant may request this decision or response in writing. Step 2: A. If the grievance is not informally resolved to the satisfaction of the grievant in Step 1 a formal grievance may be initiated. A formal grievance must be initiated. A formal grievance must be initiated no later than: 1. Thirty (30) working days after the event of circumstances occasioning the grievance; or 2. Within seven (7) working calendar days of the Step 1 decision rendered in the informal grievance procedure, whichever is later. B. However, if the Step 1 informal grievance procedure is not initiated within the period specified in subsection (1) above, the period in which to bring the grievance shall not be extended by subsection (2) above. SEIU MOU 7 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Step 2: (continued) . C. A Step 2 grievance shall be initiated in writing on a form prescribed by the City and shall be filed with the person (2) designated by City management who has the responsibility of the next level of supervision within the department. The employee may be represented by a representative of his/her choice. � D. The grievant shall cite the specific provision(s) of the Memorandum of Understanding, ordinance, resolution, or , written rule claimed to have been violated in effect at such ' time the alleged incident(s) occurred, set forth the facts that ; purportedly constitute such violation, and the specific remedy sought. E. Within seven (7) working days after the initiation of the Step 2 grievance, the City's designated representative for this step shall investigate the grievance and give his/her decision in writing to the grievant. Step 3: A. If the grievant is not satisfied with the decision rendered pursuant to Step 2, he/she may appeal the decision within seven (7) working days to the person designated by the City Manager who has the next level of supervision within the department, if any. The employee may be represented by a representative of his/her choice. B. The designated representative shall respond in writing within seven (7) working days to the grievant. If the designated representative determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter. Step 4: A. If a designated representative was used in Step 3 above or none was designated and the grievant is not satisfied with the decision rendered pursuant to Step 2 or 3 as applicable, he/she may appeal the decision within seven (7) working days to the City Manager. The employee may be represented by a representative of his/her choice. SEIU MOU $ ARTI�LE 5. GRIEVANCE PROCEDURE (continued) Step 4: (continued) B. The City Manager shall respond in writing within seven (7) working days to the grievant. If the City Manager determines it is desirable, he/she shall hold a conference(s) or otherwise investigate the matter. Step 5: If the grievance is not resolved satisfactorily at the above Step(s), the grievant, with the written concurrence of the Union, within ten (10) days, excluding holidays, may submit the grievance to binding arbitration. Upon mutual agreement of both parties, the time deadline may be extended for a specified number of days. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. A. The arbitration proceeding shall be conducted by an arbitrator to be selected by the finro parties within ten (10) working days after said notice is given. If the two parties fail to reach.agreement on an arbitrator within five (5) days, the State Conciliation Service will be requested to supply a list of five (5) names. Each party will alternately strike from the list until only one (1) name remains. The order of striking will be determined by lot. B. The arbitrator shall hold a hearing within ten (10) working days of his/her appointment. Five (5) working days' notice will be given to all parties of the time and place of the hearing. Within ten (10) working days after completion of the hearing, the arbitrator shall render the decision in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or violates the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include a decision for reimbursement for financial loss of wages or fringe benefits or other non-financial remedies as judged to be proper. The arbitrator shall submit to all parties his/her findings that shall be binding and final on both . parties. SEIU MOU 9 ARTICLE 5. GRIEVANCE PROCEDURE (continued) Step 5: (continued) C. Nothing in the foregoing shall be construed to empower the arbitrator to make any decision amending, changing, subtracting from, or adding to, the provisions of this Agreement. D. The fees and expenses of the arbitrator shall not be the responsibility of the prevailing party. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of the witnesses of the other. If any grievance meeting or hearing shall be scheduled during the work day, any worker required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay or benefits for a reasonable amount of time. E. Either party may request an individual to make a written record of the entire arbitration hearing. The cost of the services and expense of such individual shall be paid by the requesting parties upon mutual agreement. F. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the ? participants as designated in this Agreement. ARTICLE 5.5 DISCIPLINARY APPEAL PROCEDURE Effective for discipline initiated after the date of ratification of this M.O.U., appeals from discipline and discharge of unit employees represented by S.E.I.U. Local 620 only, shall ' be processed exclusively in accordance with this modified appeal procedure. The , provisions of this A�ticle apply only to employees represented by S.E.I.U. Local 620 and supersede any conflicting provisions contained in the Personnel Regulations of the City of Arroyo Grande, Section VIII.D —G inclusive for S.E.I.U. represented employees. Employees represented by Local 620 receiving a "Notice of Recommended Disciplinary Action" under Section VIII A. of the Personnel Regulations shall have the right to Union ' representation if he/she so chooses. The City agrees to send copies of all disciplinary notices for represented employees to the Union by Facsimile (FAX) and U.S. Mail at: (805) 963-8341 (FAX) Local 620, Service Employees' International Union, AFL, CIO, CLC 933 Castillo Street Santa Barbara, CA 93101 SEIU MOU 10 ARTICLE 5.5 DISCIPLINARY APPEAL PROCEDURE (continued) Nothing in this Article shall preclude an employee and the City Manager from informal discussions and/or settlements prior to the date of the hearing. For the purpose of this M.O.U. and as applied to S.E.I.U. represented employees only; the City's Disciplinary Action procedure is hereby modi�ed as follows: Section D-1: Method of Appeal (S.E.I.U. Only): Appeals shall be in writing and contain a brief statement about the action being appealed and the reason(s) the employee believes the disciplinary action is not appropriate. The letter of appeal shall be filed with the City Manager within five (5) business days of receiving the notice of disciplinary action. Upon the filing of an appeal, the City Manager shall set a date for a hearing on the appeal not less than ten (10) days nor more than sixty (60) days from the date of filing. The City Manager or designated ' representative shall notify all interested parties of the date, time, and place of hearing. The City Manager will also select a Hearing Officer from either : the State Mediation and Conciliation Service (SMCS) or another individual selected from a list provided by the SMCS, provided that the person selected to be the Hearing Officer has experience adjudicating Disciplinary Hearings. Section E: Hearing: No Change to City Personnel Regulations Manual. Section F: Findings of the Hearing Officer: No Change to City Personnel Regulations ManuaL Section G: Appeal Procedures: 1. Appeal of Findings by Hearing Officer Other Than City Manager— a., b., c.: No Change to City Personnel Regulations ManuaL 2. Appeal of Findings by the City Manager: An employee who believes the City Manager's Final Decision contains findings of fact that are erroneous or legal conclusions which are arbitrary and/or capricious may appeal such findings and resulting proposed disciplinary action(s). SEIU MOU 11 ARTICLE 5.5 DISCIPLINARY APPEAL PROCEDURE (continued) Section G: Appeal Procedures: (continued) 2. Appeal of Findings by the City Manager: (continued) Such appeals shatl be made to the City Council as provided in Section 2-3.14 of the Arroyo Grande Municipal Code. Such appeal shall be filed within twenty (20) working days of receiving the Notice of Disciplinary Action from the City Manager. � ARTICLE 6. MANAGEMENT RIGHTS The City retains all its exclusive rights and authority under federal, state, and municipal law and expressly and exclusively retains its management rights, which include, but are not limited to: • the exclusive right to determine the mission of its constituent departments, commissions, boards; . • set standards and levels of service; • determine the procedures and standards of selection for employment and promotions; • direct its employees; • determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; • maintain the efficiency of governmental operations; . • determine the methods, means and numbers and kinds of persons by which government operations are to be conducted; • determine methods of financing; • determine styles and/or types of City-issued equipment to be used; • determine and/or change the facilities, methods, technology, means, organizational structure, and composition of the work force and allocate and assign work by which the City operations are to be conducted; • determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City. SEIU MOU 12 ARTICLE 7. WAGES / INCREASES A. The S.E.I.U. represents the following employee classifications: JULY 1, 2003„ � _:,JANUARY;1, 2004 ,AP�IL1,, 2005 CLERICAL AND FISCAL SALARY RANGE SALARY RANGE SALARY RANGE Administrative Secretary 2� 23 24 Office Assistant I I �7 �7 �7 Office Assistant I 13 13 13 Accounting Supervisor 33 34 34 Senior Accounting Clerk 23 23 23 Accounting Clerk II 19 19 19 Accounting Clerk I 15 15 15 PUBLIC WORKS. PARKS & RECREATION COMMUNITY DEVELOPMENT, AND BUILDING Sernor Engineer 45 4� 46 €+�e-Ga�t� Associate Engineer 3g � �� Public Works/Parks Supervisor 35 35 35 �ss,��t Er�gir�eer 35 3,6 36 G��e c.,.,�.,ee� Recreation Supervisor 34 34 34 Building Inspector 32 32 32 Fleet Maintenance Coordinator 30 30 30 Public Works Inspector 29 31; 32 Engineering Assistant 29 29 2g Code Enforcement Officer 27 2g 2g Public Works/Parks Leadperson 26 28 29 Engineering Technician 26 26 26 Water Services Worker 24 2f 27 �uilding��en�iit Techrncian . f;22 22 22 ,, . .� .. , Public Works/Parks Nlaint. Worker III 22 24 25 Sports Facilities Coordinator 22 22 22 Child Care Coordinator 19 19 19 Public Works/Parks Maint. Worker II 18 �9 19 Public Works/Parks Maint. Worker I 16 16 16 Facility Coordinator 15 15 15 SEIU MOU 13 ARTICLE 7. WAGES / INCREASES (continued) B. FISCAL YEAR 2003-2004 The City and the S.E.I.U. agree that all position classifications represented by the Union as depicted in Section "A" of this Article shall receive salaries as represented in Exhibit "A" for the period of July 1,, 2003 through June.30�b2004. This Agreement represents a 3.25% "Cost of Living Adjustment" for all represented classifications, effective July 1r,,,�003. C. FISCAL YEAR 2004-20�;05 (YEAR 2) Exhibit "A" shall be adjusted to represent a 3.20% "Cost of Living Adjustment", for all represented classi�cations, effective July 1,�200.4. � � � I CREASE �?.� �:.�:�..U._,l.?Y��..... ....�_..��,� �qu i creases sh ( take lace.on Janu �nd nl_ ,1� 20Q5� o�`�.�he �Y � � �� �, P ���.���, 20,�„�� �P � � .-��. ��,�.�9 �os�o�ns listed in S�c�on "A"�that indica�e�an increase in �alar�y��tg�.��c�..e� o ees will, ove � to eir�res ctive st�p�n the�i�,ew�rang�; ��P�.X � . l�.... � a�,.�.:,��.Pe.. . . ' _: 7_1 Advancement in Salarv The salary range as set forth for each classification is divided into five (5) steps that shall be interpreted and applied as outlined in this Article. Salary step ' increases as provided herein are not automatic but based on performance and ' merit. Employees shall be placed on the step and qualify for increase in compe�sation for advancement to the next higher step of the pay ranges in the manner following: A. The first step is the minimum rate and normally shall be the hiring rate. B. The second step is granted to employees who are eligible for this adjustment, after completion of the probationary period. The adjustment shall be made only if granted by the Department Director and subject to the approval of the City Manager or his/her designee. C. The third step shall be granted to an employee, who has proven fully qualified in a given classification for one (1) full additional year from granting of previous step increase only if granted by the Department Director and subject to the approval of the City Manager or his/her designee. SEIU MOU 14 ARTICLE 7. WAGES / INCREASES (continued) 7_1 Advancement in Salarv (continued) D. The fourth step shall be granted to an employee who has proven above average in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee. E. The fifth step shall be granted to an employee who has continued to demonstrate above average perFormance and has demonstrated continued growth in a given classification for one (1) full additional year by the Department Director and with the approval of the City Manager or his/her designee. F. A performance report on each employee recommended for salary advancement shall be prepared and submitted by the Department Director to the City Manager prior to final action on such recommendation at each step. G. An employee must always continue to maintain an acceptable level of performance and shall be evaluated annually by his/her Department Director. If the written evaluation by the Department Director does not support a continued acceptable effort, an individual may be reduced in salary by the Department Director, with the approval of the City Manager or his/her designee. 7.2 Pavchecks The City will pay regular checks on a biweekly basis and continue payroll deductions for the County-City Employee Credit Union, when so desired by employees. 7.3 Educational Pav A. The Educational Pay Program is intended to promote the improvement of employee efficiency and the advancement of employees to positions of higher skills. B. Employees may qualify for advancement of one salary range above . their position classified range upon receipt of an Associated Arts Degree, in a field relative to their job classification, from an accredited junior college, or upon earning a special license or certificate, deemed to be equivalent to an AA degree and is related to the performance of the employee's duties and/or assignment, upon recommendation of the Department Director and approva� by the City Manager. For purposes of completion of certificated courses related to an employee's duties and/or assignment equivalency (including those programs resulting in a special license or certificate), or an aggregate of the same which equals or exceeds 720 instructional hours, will be deemed to be equivalent to an AA degree. " SEIU MOU 15 ARTICLE 7. WAGES / INCREASES (continued) 7_3 Educational Pay (continued) Any employee who is receiving educational pay for any license or certificate as of July 1, 1999, will continue to receive such pay. C. Employees who possess licenses or certificates as specified in Section B of this Article, totaling less than 720 hours and more than 300 hours, shall qualify for an advancement in salary of $20 per pay period upon recommendation of the Department Director and approval by the City Manager. D. Employees may qualify for advancement of two salary ranges above their position classified range upon receipt of a Bachelor of Science/Bachelor of Arts Degree in a field relative to their job classification, from an accredited college, upon recommendation of the Department Director and approval of the City Manager. E. Exception: Where job classifications or requirements include an Associated Arts or Bachelor of Science/Bachelor of_Arts degree, Section B and Section C, will not apply. F. No additional educational pay shall be made for duplicate, or more than one, AA degree, BA degree, or applicable certificates. 7.4 Shift Differential — The City shall pay $.50 (fifty cents) per hour additional wages for each hour worked when at least four and one-half (4 '/z) hours are worked between 5:30 P.M. and 7:30 A.M., providing such working assignment has been assigned/approved by the Department Director with the concurrence of the City Manager. Exception to the prior approval provisions shall be granted for emergency call-outs. ARTICLE 8. NO STRIKE / NO LOCKOUT The Union agrees that during the term of this Memorandum of Understanding, neither the Union or the employees it represents will engage in, encourage, sanction, support, or suggest any strikes. The employer agrees that it will not lock out any of its employees during the-term of this Memorandum of Understanding. SEIU MOU 16 ARTICLE 9. SPECIAL PAY PRACTICES 9_1 Flex-Time Schedules Employees for whom necessity requires a different schedule than that generally applied shall work according to regulations prepared by the respective supervising officials and approved by the City Manager. The City shall specify in writing all changes in work place and hours and provide the affected employees with reasonable notice of these changes. Hours may be altered to permit flex- time. 9_2 Use of Private Vehicle/ Mileaqe Rate An employee who is required to operate his �or her own privately-owned automobile for the performance of official duties shall be reimbursed at the rate established by the City Council for each mile necessarily traveled. Such reimbursement shall be paid monthly. 9_3 Callback Pav Callback is defined as that circumstance requiring an employee to unexpectedly return to work after the employee has left work at the end of the employee's work day or work week. An employee called in early to start his/her work shift, without prior reasonable notice, will also receive time and one-half (1 '/Z) overtime pay for all extra hours worked, with a minimum call-out of two (2) hours. 9_4 Hours of Work and Overtime The normal working schedule of full-time employees shall be eight (8) hours pay or forty (40) hours per week. All authorized time worked in excess of forty (40) hours per week, or on a holiday recognized in this Memorandum of Understanding, shall be compensated at the rate of one and one-half (1 '/) times the employee's regular base hourly rate of pay. Time worked for computation of overtime shall include holidays, jury duty, sick leave, bereavement leave, and previously scheduled vacation and compensatory time off, for purposes of this paragraph, and shall be calculated at a maximum of eight (8) hours per day. Overtime shall be computed at the nearest quarter (1/4) hour. At the request of any employee eligible for overtime pay, his/her supervisor will provide that, in lieu of cash payment for any overtime, he/she may have the choice of time off with pay at the rate of one and one-half (1 '/z) hours for each hour of overtime worked. Compensatory time off shall be taken at the option of the employee, with the consent of the supervisor. The limit for accrued compensatory time off is � 1�0 hours per employee. Upon separation from employment, an employee is entitled to receive cash compensation for any unused compensatory time. SEIU MOU 17 _ _. ARTICLE 9. SPECIAL PAY PRACTICES (continued) 9_5 Standbv Pav Standby duty is defined as that circumstance which requires an employee so assigned to: 1. Be ready to respond immediately to a call for service; and 2. Be readily available at all hours by telephone. An employee so assigned to standby duty shall receive $1.50 per hour, to begin at the end of the regularly scheduled work day or work week, or other employee's standby time, and end at the start of the next regularl�r scheduled work day or the �, �� +_ .�"'� •� � � - e inn�n of another em lo ee s standby time �INhert } mp�oyte��s� II�� ��n 9 9 P Y �r�e. .:�` e�` a{r�d is �eing�;paid at hisl�i,er�normal rate„of p�,�(i�ctudi,�g�,Q,��tir�,�„���Y P.�Y. S���aPP�Y� 9_,6 Rest Periods and Breaks Employees in all bargaining unit classes are entitled to a fifteen (15) minute duty- free rest period during each four (4) hours of continuous work. A rest period shall count as fifteen (15) minutes of time worked for calculation of PaY• Rest periods may be suspended when unusual emergency conditions require continuous performance of duties in order to protect or preserve life or property. 9_7� ,µ�Alternate Work Schedules ,T�e�City and �the �Union agree-that:under son�e circumstancQS;al#ema �` s ork �!�° �, schedules�m�a�l�be, benefici�) `�to both emp�oyees��a ����� � � � cc,� g�� .� � er�ployeesz,tnay��e�uesttito work an alternat� ��wo �} edul��k e 'R ts -�`��'� - �'���� � �., ..�� �.>,�, _� �,���;� ��. ���- �1 shall be.�subjectR�o:�pproval,by the -Departr�ier�t,�Direc�tor�.r�d��h�� �ty t City ana�qem�nt::���e��.�.�.�.�:�9h.�g�o..�e1'!�Q.I��.P�� � �!��!��r� ,��.: ��,� �. �' s.chedule.�; � �:�„�,� . ��' a� .sK , 9_8�,� Bilins�ual Pav A ,.�n employee fluent in Spanish,or oth'er,Jan�u�ge`�#he'�use ofs�hich � � ��� �� � � �. ., , � h�s been dete[n'��ed by the City f.Mar�a�e� o� �.�; ��r�efi� �� he City,��iall be pa�d_$50 OQ per, t � ���s� ���- ���� ,ti � . .���? ��!-������� `` �Y�? �est adr�in stered'-A rough th��� e�" - • '� � �. �� employ�ee�shall��q st bilir�gu �� � *� -� �.� -r * �>� ���. �� � ���!.9�r No more,�thar�Es�x,�� oX ; � � e� . � ��. � �� . languages st�all be�eligible fora��t��gi�a�,pa ,�t�n . o�e� rt�g, SEIU MOU 18 ARTICLE 9. SPECIAL PAY PRACTICES (continued) 9_8 Bilinqual Pav (continued) B.The City Manager�shall determine whict� employees,"what muc of �' � � � �� ��F� ���s languages, and which job functions may be�eligible for bilinguat�pay based tr;a upon� accessibility :-�of the ;a`employee , to� tt�e�-��`-public; representation_in depa►tments, or;other�factors that�_could-xaffect the r a'� v r:,-.: . use of Atheses skills:for public benefit �Nothing �n,thi,�s sec�on;:shall preclude�the; use,by an; empl�y�e:of f���gn�Ian u,�,ge��lls �n #he work `place -for the public;�;b�t�eft.�ev�r���f.��e'�e�ploye�,��,'s`,�Q� receivit�g bilingual�:pay: ARTICLE 10. INSURANCE � 10.1 Medical Insurance Benefits A The base medical,plar�shall be defin�d as the H�eal�-;Maintg ance O�ga izat�on .�. r � (WMO) program available �o ttie CityT �I�f�:availabiUt��'of�ar�Y' �O��to`��ie���ty L'w1 � S � �.. VV'VQ� � � h S •4 M sl'c�is^� ��}...-,�}.. � Y- discontinu�d b the4 rr� plan'pro�{der,��e°�� ��an � ,��o ��,b;�� �?P,�O plan,�vailable;�o ttt„tle C�y,�by the{e���i��g.r�t�ica =°���n`r iµ�e���� B�Fo��the���no,d;74�� �Y�� ��:� �_$� � ����� -�. ��- � �- � � ��-���, �, � monthly rriedical p n insu�rance Q[emiurps`for each `t� lo : ;�,nd�a�l�,,of.,l�i: � eligible -:depend��ts�participating t°in�th��p�an��o;����``a��w" r���'�sf��$2���5Sw t� respect to an ennployee enrolled�or sel��alo��t���� � � O�,for� � r��ploX�,+e��,�e ,r�r,olled fo� self and one f�r�ily �riember�,�nd$�94,�$fi�����e�P��n..�oU,�for3::.s,��f and two or�nors fam,�y_�nembea�,� C,. For the penod of Jar�uary,.1� 2004 th�ough,,:Decer�ber�3�, 2p�0����e���,��sh��I�PaY the rates,of the base,�nedicalup���,x�,o�.��r�p�oy���.,,�,ir,�ig�b.��iepe�,cl,�„�s�, D For the penod of January 1 2005 through June�30 ��005 fhe C�ty shall p�y;tf�e . .� � 1 . . .,� s g!+e.. .r m � .;y.tr57 �..� �.�.K� � °r � �" amount:m effect on,��Decem�er�31� 2p0�,�pl�u.,�� °� .��y.���c����: l� premium�or�e ba�plan a�j,�,l�bl�t;;o�t�e;.�.; � In:no�verjt shaU,�amount of�the � s con�,nbutio�i'to'�me '�'�'�'�� �'u��' �.,�ceed 100.�0;����S..,...�.�d?��..���!�9::��h���.�..nce�e.�,9��.�P��..� a{,:.. a"' «'y+Tk'. "lEC- Vc".* ' 'r .' Y,"n '^'�',."F^r °.�!_e.n 3 "+.!e�w„*t+n.^ � Upon providing� e C�ty wnttenYp�Qof;that i I insura� ��t g�° a � �rc.� througH cove g� ovided �� other�so,u ce,'� e�`�` lo��' a o ���u���f�tie � ,���c� e � ��,.f.�,�"'� s„ .- r� r r,�.. `� '4�k�',�n�,��'.�,�p^�",�,.�c�'�.�,� �,�wz�,.4.�-� City's med�cal4�ins rance�pla d rece Ye��aym�.e�t� t���` - °Y�;_ consi tent • _. _���!�:..r .�.� ��!� . G.� �R�„�. �; t ...�..�_�,�...�.a w'�.�Y�..s.��o��.., � �. �� . . z -� a,.-A�.� .. ,�. ., .�y,. 'X'-^ �rs�,. -'T**c- r �r^�•o,•,�^�a. ;",.�CZ',m�e.^+o: G fV�edical ins,�ra,�ce��,s;,�vailabl��or ret�rees;�th�oug�.,i;��e�,,C�ty: ���,e�.e�r"��,�,e,�.�.e.�t �.�Pe�e��le,���s.��i�9���f�r.::����e, . � . : ,_ �.:_-. _r . __,.�, , __. . H �t�,e�City,wil��ai (�� ea .b nefits``'r�auaM`,�Cal RS��`F M."i,s{/`►/�p 9 y� ..„wr�.np",>.... .i,..,e$y,,zy�"_"- ...._., aw �,y` aL .. ......0 <L.m��+:�.�.:e.����.�.eY�:p.. ,..rY-a�e6�.u.....v�-�'NVY.��fYF��Y�E����.w�'t����� I. Employees tnay�ct�'oase xto�enroll in ,;the io`��1� � la�n�hav,�;���.�� :$ � �, �,S�t � � ��np.� ;�„ y�- P.��!��de.d..�� ..��l9�.�ke...!�.��P,�.,.e-�.�l�P��9.����!���P��l§:�,�� SEIU MOU 19 ARTICLE 10. INSURANCE (continued) 10.2 Vision Insurance The City shall provide a Vision Care Plan for bargaining unit members. The City shall contribute the full family premium. The City may select an alternate vision care provider during the term of the M.O.U. providing that: 1. Any new plan maintains equivalent benefits to the employees; and 2. At least twenty-one (21) days advanced notice of plan changes are provided to the Union. 10.3 Life Insurance Plan City shall provide group term life insurance benefit plan for bargaining unit members, which shall provide for fQ;�t� �we� thousand dollars ($40,000) life coverage for employees only during the term of their employment. � �`i'hr�'(`ty�,._,�� , ,.:� . �...��-., .., � ..,.��,���� -�,.�rr:.,,�,....:.,:-, �� _ � �� .,-��,�...,. .�....,,� ��` - ' �o�erage� :�m o�ree S�e�e se��as.,,�n �s e � �..�Pa oe�ee r� � .�� � .�;;� ��� :�� .� , ,;r _ �� 4���.f:����..���..��:�.�� 10.4 State Disabilitv Insurance , The City shall provide and pay the premiums for State Disability Insurance, integrated with sick leave. Effe`��e,�ar�ua��0 .. ;, w.,� : � . . �,� �«.� , .��a, ;�, .��,�� � C uv�ll Y a the rer�iurr�s for�the new Famit� Tem :orary�Q�s��ility�ns��,ce, { �Y P Y ;- � � t .� ��� � �, � Sh�ould the�e be a�y future r�te increa�es to �State'��sa��l� Insurarice� .c ? �,�� �,_' v e �p. � Av. `� 4s `r"�'�r ��t� r' r�` ��.��'� " • Fami�jTemporar�y�;Di�ab�l�ity�lnsurance plans��fter�Jat�uary��l;�Q�04,���.�C���nd S�IU�ocat 620�re��,o� e r ,,�,nfe�tti„o,„�,,,s�,�,�s��sp�,n„�' �'I�'�ty, �,for;,�ay���,� s,�,�c�_'y crea�s.� � 10.5 Dental Insurance Plan The City shall provide for all employees in classifications represented in this Memorandum of Understanding a dental plan of the City's choice. The City shall pay up to the full family premium. The City may select an alternate dental insurance plan provider during the term of this M.O.U. providing that: 1. Any new plan maintains equivalent benefits to the employees; and 2. At least twenty-one (21) days advanced notice of plan changes are provided to the Union. SEIU MOU 20 ARTICLE 11. HOLIDAY LEAVE The foliowing days shall be paid holidays for employees: a. Independence Day b. Labor Day c. Veterans' Day d. Thanksgiving Day e. Day following_Thanksgiving f. Chns�mas�Eve (�j�) � g. Christmas Day h. New Year's Eve (1/2 day) i. New Year's Day . j. Martin Luther King Day k. Lincoln's Birthday I. President's Day m. Memorial Day n. One day of Employee choice with Supervisor approval (Floating Holiday) o. Every day designated by the President, Govemor, or Mayor for public _ observance as a special, nonrecurring single event, such as the death of a � national leader or end of a war. When any of the above-listed holidays fall on Saturday, it will be recognized on Friday. If it falls on Sunday, it will be recognized on Monday. For all employees who regularly worked on Saturday and/or Sunday, the holiday will be specified by the above-listed ' dates. In case a holiday falls on an employee's regularly scheduled day off, he/she ' shall have the option to take such a holiday on an alternate day, as selected by the employee and approved by the Department Director. � ARTICLE 12. VACATION LEAVE A. The purpose of annual vacation leave is to enable each eligible employee to annually return to his work mentally and physically refreshed. B. Each eligible employee shall be required to have served the equivalent of one (1) year of continuous service in the City in order to be eligible for his/her full annual vacation leave. However, in the event an employee so chooses, he/she may, after six (6) continuous months of service, take vacation leave not to exceed five (5) working days, with the Supervisor's approval. A. Employees who terminate employment and upon return of all City-owned property in good condition, shalt be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. SEIU MOU 21 ARTICLE 12. VACATION LEAVE (continued) B. Vacation leave with pay shall be earned by employees in accordance with the foilowing schedule: AFTER: YEARS DAYS = HOURS PER MONTH 01 10 6.67 02 12 8.00 03 13 8.67 04 14 9.34 05 15 10.00 06 15 10.00 07 16 10.67 08 16 10.67 09 17 11.34 10 17 11.34 11 18 12.00 12 18 12.00 13 19 12.67 14 19 12.67 15 20 13.34 C. If for any reason an employee becomes ill during a vacation, or in the case where a holiday falls during a vacation period, the affected employee shall be entitled to utilize such available sick or holiday leave in lieu of vacation leave. The vacation period may be appropriately extended upon approval of the Supervisor. D. Vacation leave may be taken as it accrues. Vacation shall be scheduled at the discretion and convenience of each individual employee, with the consent of the Supervisor, within the limitations necessitated by the legitimate operational needs of the City. E. In the event the scheduling preferences of two (2) or more employees conflict, the preferences of the more senior employee from date of hire shall govern, barring any unusual circumstances. F. An employee must use a minimum of 50% vacation leave earned each calendar year during that same calendar year. The balance of the vacation leave remaining unused during that same calendar year may be accrued. Exception is made to this paragraph for all new employees commencing City employment after December 315� of each year so that there is no requirement upon a new employee to use a minimum of 50% of vacation leave earned by the first December 315� after employment commences. SEIU MOU 22 ARTICLE 12. VACATION LEAVE (continued) G. Employees may accrue vacation leave up to a maximum of 225 hours. In the event an employee's accrued vacation leave exceeds the maximum allowable on January 1, the employee shall be paid at his/her January 1 hourly wage rate for those hours accrued in excess of the maximum allowable. Upon request of an employee, an exception to the accrual limit may be made upon recommendation by the Department Director and approval by the City Manager. ARTICLE 13. SICK LEAVE A. All full-time, permanent employees shall accrue one (1) working day of. sick leave with pay for each month of service. €#eF�i��- �����;��, The �. ..._:. maximum accumulation of earned sick leave shall be 1,200 hours:;r. :An empl,oyee wtll not accumulate any-additior�al sick.leave„until�s�c��e,�Tas � k � �i„s,/,�ie�,�acct�ul��,ed balaQcg�al���b��?Q�ho�� Upon retirement an employee may choose to be paid 50% of his/her unused sick leave, to a maximum of 480 hours at his/her current rate of pay. Upon retirement, ' unused accumulated sick leave may be converted to PERS retirement credit per the City's contract with PERS. At the end of each calendar year, each employee has the option of being paid straight time for 25% of his/her unused sick leave of that year, transferring it to vacation, or leaving it in sick leave. 1. , , , , � , . B. Employees may transfer sick leave on a voluntary basis to a fellow employee who has exhausted all his/her sick leave and vacation leave due to an extended illness or injury. The transfer shall be based on each employee's hourly rate of pay and shall not exceed twenty-four (24) hours of sick leave based on the hourly rate of pay of the receiving employee. The transfer shall be requested on a form provided by the City, be completed by both employees who mutually request such transfer, and submitted for approval to their Department Directors and the City Manager for final approval. The receiving employee shall not be obligated to repay any transferred leave to the contributing employee, and contributing employee understands that such transfer shall be deemed as if used and will be subject to all other provisions applicable. � . SEIU MOU 23 _ _.� 13.1 Bereavement Leave Permanent employees shali be granted leave by their Department Director whenever the affected employee has experienced a death in the immediate family, defined as the spouse, the employee's or employee's spouse's father, mother, brother or sister, child or stepchild, grandparents, grandchildren, son-in- law, daughter-in-law, "step" relatives as described above, aunt or uncle, or any other person residing in the same household where attendance to the funeral is necessary. Such absence by the employee shall be limited to five (5) working days per occurrence of paid leave. Such leave is not chargeable against sick or vacation leave. As a condition of granting leave for bereavement purposes, the appointing authority may request verification of the loss. . 13.2 Familv Leave A. An employee may take an unlimited amount of sick leave if required to be away from the job to personally care for a member of his/her immediate family, as defined in Article 13.2, Bereavement Leave, subject to approval of the supervisoc and verification of need. A. Pursuant to the State and Federal Leave Acts, the following is provided for all employees who have been employed a minimum of twelve (12) months and have worked at least 1,250 hours during the 12-month period preceding leave: 1. Up to four twi��v�,�i�e s�(� �nrorkday�� unpaid leave in a �4 �i„elve;��{;��j,�t4�� period. Intermittent leave is allowed. 2. Leave may be taken for: (1) birth of an care of newborn child; (2) placement of ehild with employee for adoption or foster care; (3) to care for spouse, child, or parent having serious health condition; (4) employee's own serious health condition. 3. The employee's insurance, including medical, dental, vision, and life insurance will be maintained under the same conditions as if the employee were still working. 4. Request for leave must be made 30 days prior to leave, if foreseeable. 5. Employee may use accrued vacation, holiday, or personal leave during family leave. Sick leave may be used for employee and/or immediate family illness or disability. SEIU MOU 24 ARTICLE 13. SICK LEAVE (continued) 13.3 Famiiv Leave (continued) 6. Upon return to work, employee wiil be restored to same or equivalent position with equivalent benefits. All other provisions of the State FCLA and Federal FMLA apply. ARTICLE 14. LEAVES OF ABSENCE 14.1 Medical Leave Medical leave without pay may be granted for the purpose of recovery from prolonged itlness or injury or to restore health or for pregnancy upon employee's written request to and approved by the Department Director and City Manager, subject to submission of inedical evidence satisfactory as establishing the employee's medical need. During the approved leave period, the City will not pay employee benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee's sole cost if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager. ' 14.2 Emeraencv Leave Emergency leave without pay may be granted to any permanent employee who, upon written request to and approved by the Department Director and City Manager, demonstrates that the leave is necessary for personal reasons beyond his/her control or will serve to improve his/her ability as an employee of the City. Emergency leaves may be granted up to a maximum of one (1) year. Upon expiration of an approved emergency leave, the employee shall be reinstated in the position held at the time leave was granted. The leave period shall not be credited to employee seniority or credited toward time served with the City. Failure on the part of the employee on leave to report promptly at the leave's expiration shall be cause for discharge. During the leave period the City will not pay employee benefits; however, the employee may elect to maintain City medical insurance coverage for employee and dependents at employee's sole expense if such coverage of all individuals is in effect sixty (60) days prior to leave application to the City Manager. 14.3 Ju Du Employees shall be granted leave, with full pay and no loss in benefits, when called for jury duty, if the employee remits jury fees received for such jury duty. The employee may retain all travel pay or subsistence pay granted by the court because of the employee's participation in jury duty. The employee shall be responsible for notifying his/her supervisor as soon as possible upon receiving notice to appear for jury duty, make every reasonable effort to keep his/her supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service. SEIU MOU 25 ARTICLE 14. LEAVES OF ABSENCE (continued) 14.4 Militarv Leave Every employee of the City shall be granted military leaves of absence and other benefits as provided in Division II, Part I, Chapter VII of the Military and Veteran's Code of the state of California. ARTICLE 15. UNIFORM ALLOWANCE The City agrees to furnish five (5) shirts and five (5) pairs of pants per week for employees in the following classifications: Public Works Inspector Maintenance Worker I, II, III Public Works and Parks Supervisor Fleet Maintenance Coordinator Public Works and Parks Leadperson Building Maintenance Person Sports Facilities Maintenance Worker Employees hired to fill newly-created classifications will also receive uniforms under this section if the wearing of a uniform is required. Uniforms for the above-listed field personnel are to be worn during work and may be worn to and from work. 15.1 Safetv Shoes During the term of this Agreement, the City shall pay to all unit employees, as listed in Article 15, and to the classification of Building Inspector, $�5 ��0 Per year toward the purchase of safety shoes. Employees working less than one (1) year will receive a prorated safety shoe allowance based upon time worked. The safety shoes must be worn during all hours where there is a need for such shoes or as required by the Department Director. 15.2 Safetv Glasses The City witl provide safety prescription glasses and lens for those employees who need them to carry out their tasks. The glasses will comply with OSHA standards. � SEIU MOU 26 ARTICLE 16. RETIREMENT 16.1 PERS Retirement Contributions A. G C.:�Section .,21;35�, The PERS 2% at Age 55 Retirement Plan is provided for non-sworn personnel, with the City paying back to each non- safety employee an amount equal to the 7% deduction from the non- safety employee's paycheck for PERS retirement. B. G C,.$ectior�,;,20636 (c)(4) pursuant �o.'Se�tion 2069�. Beginning in FY 20.02-2003 the City agrees that the employee portion of the PERS contribution, made by the City, shall be reported to PERS as income. The City will be responsible for the increased PERS contribution as a result of the reporting change. . _ , v._ _ _ C; ,�,�_�.G C g,Sect�on�21024 and�21027. Employees �a���uY r�b�4 �Kat .:thei� expens�r,��tirement,serv�ce,�credit.for,prior m' ' se . ce,a � P.�,RS� ,�_, ,�__..���,�� ,.lY�lr�_. ��P.��ed.�_Y . . _�. �.�..� �� r � ,; -� :- .e> > ; � .� � t,.n�, �_ - . ,�,---:�-: 5..:� � �G � �� w '�� ��,��.�nef - -�tte�ased{n�i�t�ie�hin��.la9� Ye�!'��P���a�!on, E;�, „ _ GC Section�20�65�:Employees will,receive credi�for��use�! s�ck�e��e F�� ,.GC Section�21548 �Th�e Mspouse of a decea�ed member� yvho wa�sligibfe xo rebre for��ser'vice at~tFie time of death, may�elect �o re�eive�.the.:�re= Ret�rem�ent�;Op�ional Settleme�t�2 :Death���teft�`„��is�;p�,av,j.�i�r�`� nll�gg ef��ctive�,Ja�t��ry�;1, 2005:; . o � o � D. o ' � , �� � 16.2 Retirement Defined Retirement is defined as the termination of employment at an age when the employee would qualify for an allowance under the Public Employees Retirement System (PERS) and the City's Personnel Regulations. � SEIU MOU 27 ARTICLE 16. RETIREMENT (continued) - ,..._._ 16 3 ,�Retiree Medicai .. .. � A. ;YEmplo�ees ,who retire :from °;City service wi,ll ;be �allowed,to„ .urchase ' edical __ P . ....�,,.� insurar�ce,coverage�th��ugh_the,City: . .. . .._. B. The City has`elected to,participate in the PERS Healtt� Benefit Pr�gram with�the unequal contribution option a The City's contributior�,�#ovvards reUrees��sta�ed at $1 00�per year,in 2000�;The contribution shall increase 5°lo per.year of the City's ��r � ��� .���. � r� ,:, contribution for active employees unttl such time that#t�e contnbut�ons�for�etirees t = :�. :. �: � x�- >: �,° „��.,.�, . .<� and a�tive.employees=are,equal,,providing,�hat the:�City';is.part�c�pat�ng�.r�,�.-�,e CaIPERS H�alth p1an: ARTICLE 17. PROBATIONARY PERIOD All appointments, original and promotional, shall be tentative and subject to a probationary period of twelve (12) months. The Department Director, with consent of the City Manager, may extend the probationary period for specified cause(s), which shall be provided in writing to the employee. The probationary period shall be regarded as a part of a continuing testing process and shall be utilized for closely observing the employee's work, for securing #he most effective adjustment of an employee to his/her newly appointed position, and for rejecting any probationary employee whose performance does not meet the required standards of work. The Department Director, with the consent of the City Manager, may release a newly hired probationary employee from City employment without cause at any tirne during the probationary period. The Department Director, with the consent of the City Manager, may remove a transferred or promoted employee from the position to which promoted without cause at any time during the probationary period; in which event, that employee shall be reinstated to his/her original position from which originally transferred or promoted. ARTICLE 18. PROMOTION Promotion of an employee to a higher range shall result in an increase in salary. The employee's salary shall be placed in the salary range of the new position which would result in at least a five percent (5%) increase in salary compared to the employee's existing salary position. Promotion of the employee may be made with the consent of the City Manager without testing or opening the position for consideration of all non- employees. All current employees shall be given consideration for a position opening that will be filled by p.romotion. An employee promoted to a new position shall serve a twelve (12) month probationary period in that position. In the event the promoted party is removed .from the position to which promoted, the employee shall be considered demoted but shall be returned to the range from which promoted. No change in step shall occur as a result of an employee passing the promoted position probationary period. A promoted employee shall retain his or her salary anniversary date held prior to promotion. SEIU MOU 28 ARTICLE 19. PROMOTIONAL OPPORTUNITIES A. Postina Promotional opportunities for classifications within the representation unit will be posted for at least ten (10j working days (Monday through Friday) prior to selection. B. Selection The selection procedure for each promotional opening will be determined and administered by the employing department in consultation with the requesting department. Selection procedure and job description information will be attached or incorporated into the job-posting notice at ' the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification; and tests may not be biased with respect to race, sex, religion, creed, political affiliation, color, national origin, ancestry, or age. Selection procedures may include any or all of the following phases: 1. Application: Both inside and outside candidates will make applications on forms specified by the employing department. Applications must be submitted to the employing department. 2. Screening: Applications will be screened by the employing department to ascertain whether candidates meet minimum � requirements as outlined in the job description. Applicants screened out at this level will receive a written response explaining such action. 3. Performance Testing: Performance tests, such as typing, machinery or vehicle operation, skills, demonstration, physical agility, etc., will be qualifying. Pass/fail points will be announced in advance for qualifying tests. 4. Written Tests: Written achievement or aptitude tests will be qualifying. Pass/fail points will be announced in advance for qualifying tests. 5. Interviews/Appraisals: Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. If individual interviews or an interview board is used, a majority of the individuals or board members must .recommend a candidate in order for the candidate to qualify for appointment. SEIU MOU 29 ARTICLE 19. PROMOTIONAL OPPORTUNITIES (continued) C. Recommended Candidates Candidates who successfully complete ali phases of the selection procedure will be recommended to the Department Director and/or City Manager. D. Appointment The Department Director and/or City Manager will make appointments from among those recommended candidates who are most qualified as determined by obje�tive review of selection procedure results and background materials. ARTICLE 20.,_ y,�y-_.MA�,I�TENANCE WORKER,JO�5,,.,�R,�.ES .,�. ._._.. .w _. _v �,he,Mai�tenar�ce Worker�ob senes�shall be a fl�xibly staffed�,lass�i�cat�o�,���Ao���ter�t Within�he senes .shall:not�require�an examinat�on or�certifca�tio��„o�,a�.�,l��f;�lg�,��s.� .. � Move��,t,�v�thir�sthe.Maintenance ll�lor{�erzsenesµ,sh�,ll�b��s�ollo,y�� _ 1:�Employees�shali be flexe�-: o t ain�er��,�„u; �er � �� , ; year'of.��se�vice �asµ:a Mai�en��ry .,��r��`�.. � "� �� �: satisfa�to��ietformance � :�� �� �„�' �y.; - : 4 �.«r�•.r „�.,,..s,�.. 2 x Employees��hall be�flexed�o�!�inte�an��,, e��,�� ' �►����s than.three(3�years,�but no more�than,fo�r��4�}���rs of' �� �� Maintenance Worker I1, cont�ngent upon sati�fa�t�,oJ;�y`p,� o ce� 3.;,:�Satisfactory Qerformance �sh��l mean�th,e�e��ptoy� �u,.al , ; � � � � � ,� �i ..�� Per,formance 4Rev�ew;_is .sufficient etox,�all�,��tie„�,er�pl�,y.��►,��� salary increase: ARTICLE 21. TRANSFERS Transfer of an employee to a position within the employee's current range shall not affect the employee's salary rate. Transfer of an employee to a position within a higher range shall be considered a promotion. Transfer of an employee to a lower range shall be considered a demotion. ARTICLE 22. DEMOTION Transfer of an employee to a lower class shall result in reduction of salary. The employee's salary shall be placed in the identical step in the lower class that the employee enjoyed in the class from which demotion was made. . Demotion can be made for cause, except for demotions from probationary positions. Cause shall be provided to the employee in writing by the Department Director prior to any action taking place. Demotion for disciplinary reasons may be appealed through the grievance procedure by the demoted employee. Demotion for other reasons is not appealable. SEIU MOU 30 ARTICLE 23. LAYOFFS AND DISPLACEMENT Lavoffs: Whenever, in the judgment of the City, it becomes necessary to make a reduction in force, whenever possible, said reduction shall be accomplished through attrition. Layoffs shall be made by classification and may be department-wide or by division, program, or function. Workers subject to a reduction �in force shall be given at least forty-�ve (45) working days' notice prior to the effective date of the layoff. The notice shall contain the information required in Section X. "Layoff Procedure" of the Personnel Regulations. The Union shall receive concurrent notice and shall be granted an opportunity to meet and consult with the City to discuss proposed alternatives to a reduction in force. Permanent full-time employees and permanent part-time employees shall be considered separately when the order of layoff reaches C. and D. below. Nothing herein is intended to require a preference for or against either full-time or part-time permanent employees in the order of layoff. When one or rr�ore workers perForming in the same class in a City department is to face a reduction in force, that worker's most recent annual evaluation and seniority shall be used to determine the order of layoff pursuant to the following procedures: The order of layoff shall be as follows: A. Temporary workers in inverse order of seniority (least first); B. Probationary employees in inverse order of seniority; C. Permanent employees whose most recent annual evaluations were below satisfactory in inverse order of seniority; and D. Permanent employees in inverse order of seniority. "Seniority" for the purposes of this Article shall be defined as the length of service as a permanent full-time employee with the City. When determining seniority for permanent full-time positions within a classification subject to layoff, only permanent full-time service shall be considered. Displacement: Permanent full-time employees subject to layoff shall have the right to displace an employee in the same classification in any Department of the City or in a different class within the City with the same or lower salary range provided, however, that: 1. The employee subject to layoff has greater seniority than the employee being displaced and was rated at a minimum of competenUsatisfactory in his/her latest evaluation. SEIU MOU 31 ARTICLE 23. LAYOFFS AND DISPLACEMENT (continued) 2. If the displacement is to a different class, it must be a class in the same occupational series as determined by the City with the concurrence of the Union or, to a class previously held by the employee as a permanent full- time employee of the City. If a position in the laid-off employee's classification, or a similar position in a classification for which the City determines the former employee is suited, becomes available within twenty-four (24) months of layoff, said former employee shall be recalled and offered the position in the inverse order of layoff. If a job in a lower paid classification becomes available within finrenty-four (24) months, the City shall review the previously laid-off employees' qualifications. If such laid-off former employees are qualified in the judgment of the City, he/she may fill the slot(s) until his/her former , position becomes available, if ever. ARTICLE 24. PERSONNEL RECORDS An employee or his/her designee may inspect his/her personnel file and obtain copies of any and all items in that file at employee expense. An employee may have placed in his/her personnel file any signed and dated statement of clarification or disagreement to any item or article contained within her/her personnel file. Personnel files inc{ude those files maintained by the immediate supervisor or other administrators/supervisors involved in employee evaluations, as well as the central personnel file. A supervisor's personal notes shall not be considered a part of the personnel file. ARTICLE 25. RESIGNATION An employee wishing to leave his/her employment with the City in good standing shall file with his/her supervisor a written resignation stating the effective date of his/her resignation and the reasons for leaving. The resigning individual shall file such written resignation at least two (2) weeks in advance of the effective termination date and participate in an exit interview conducted by the City prior to issuance of the final paycheck. ARTICLE 26. OUTSIDE EMPLOYMENT No full-time employee shall engage in outside employment or an enterprise that his/her Department Director and/or the City Manager may find unsuitable and in conflict with their municipal duties or responsibilities or that lessens their effectiveness as a City employee. SEIU MOU 32 ARTICLE 27. POSITION VACANCIES Should the City determine that a vacancy will not be filled, such determination shall be made within 120 working days of the date upon which the worker vacated the position. . Upon said determination the City will notify the workers in the affected department and the Union. ARTICLE 28. POSITION CLASSIFICATION Classification Changes: During the course of this M.O.U., the City shall notify the employee concerned in case of contemplated change in job content as contained in the classification descriptions that were in effect at the beginning of the agreement. Working Out of Classification: The term "working out of classification" is defined as a Management-authorized, full-time assignment to a budgeted position on a temporary basis, wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Pay for working out of classification shall be as follows: A. Employees appointed to unfilled positions on an "out of classification" basis will receive acting pay within the range of the higher classification beginning the first day of the assignment B. Employees appointed to a position for vacation, sick leave, or other leave of absence coverage will receive acting pay within the range of the higher classification after five (5) consecutive work days of assignment in the acting position. Such acting pay shall be a minimum of five percent (5%) over the employee's current salary. "Out of classification" provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs or declared conditions of emergency and/or disaster. ARTICLE 29. PROFESSIONAL DEVELOPMENT A. For that training or certification which is required by job specifications, � legal mandates, and/or which is required by the City, the City will provide for such training and/or certification, including providing City time to attend the training and to pay for costs associated with the training. 1. This section does not appty to training courses and/or certifications required for advancement/promotion to a new position. SEIU MOU 33 ARTICLE 29. PROFESSIONAL DEVELOPMENT (continued) B. For that training or certification which is encouraged by the City in support of identified programs, the City will provide for such training and/or certification, including providing City time to attend the training and to pay for costs associated with attending the training, provided that the program for which the training and/or certification is related remains in operation and that funds for such training are included in the current City Budget. C. The City will maintain training certificates, special licenses, and other related documentation related to an employee's professional development in the employee's City personnel file. In addition, an employee may submit for inclusion into his/her City personnel file documentation for � completion of training related to the employee's duties and responsibilities, ' special licenses, or for collegiate courses and/or degrees earned which the employee completed outside of the workplace. The policy/procedure for requesting and attending training shall be as provided in Section G 009, Travel Policy, of the City's Administrative Policy and Procedure Manual. ARTICLE 30. UNIT ASSIGNMENTS Any new permanent full-time job classification which does not fall under the City's management criteria or who is represented by the Arroyo Grande Police Officers' Association shall be represented by the S.E.I.U. ARTICLE 31. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS All benefits, terms and conditions of employment enjoyed by unit employees as of July 1, 20Q3, and any side letter agreements reached after that date, shall remain in full force and effect unless modified by a subsequent Memorandum of Understanding or by mutual agreement, in writing, of the parties. ARTICLE 32. M.O.U. IMPLEMENTATION Both parties agree that the terms of this Memorandum of Understanding supersede provisions of all other practices, Memorandum of Understanding, resolutions, and rules of the City that conflict with provisions of this Agreement. ARTICLE 33. OBLIGATION TO MEET AND WAIVER CLAUSE Except as otherwise expressly provided in this Agreement or, where the parties mutually agree to meet and confer on a matter, the City and the Union expressly waive and relinquish the right, and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter, including mandatory subjects of negotiation, whether or not referred to in this Agreement. - SEIU MOU 34 ARTICLE 35. SAVINGS CLAUSE Should any provision of this Agreement be held inoperative, void, or invalid by a Court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby, and the parties shall meet and confer for the sole purpose of arriving at a mutually satisfactory replacement of such provision. REPRESENTATIVES OF REPRESENTATIVES OF CITY OF ARROYO GRANDE ARROYO GRANDE CHAPTER SEIU — LOCAL 620 DATE: � DATE: STEVEN ADAMS BRUCE CORSAW CITY MANAGER SEIU CHIEF NEGOTIATOR RICK TerBORCH ROBERTO CRUZ CITY NEGOTIATOR SEIU NEGOTIATOR KAREN SISKO THOMAS KORMAN CITY NEGOTIATOR SEIU NEGOTIATOR PETER McCLURE SEIU NEGOTIATOR SEIU MOU 35 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 07/01/03 3.25% 3.25% 3.25% 3.25% 3.25% RANGE A B C D E 11 1945 2041 2144 2251 2364 New 2008 2107 2214 2324 2441 12 1992 2091 2197 2307 2422 New 2057 2159 2268 2382 2501 13 2042 2145 2252 2365 2482 New 2108 2215 2325 2442 2563 Office Assistant I 14 2092 2198 2308 2423 2544 New 2161 2270 2383 2502 2627 15 2147 2254 2367 2484 2608 Account Clerk I New 2217 2327 2444 2565 2692 Facility Coordinator 16 2199 2309 2425 2546 2674 New �271 2384 2504 2629 2761 Maintenance Worker I 17 2255 2368 2485 2609 2741 New 2328 2445 2566 2694 2830 Office Assistant II 18 2310 2426 2548 2675 2809 New 2385 2505 2630 2762 2901 Maintenance Worker II 19 2369 2486 2610 2742 2879 Account Clerk II New 2446 2567 2695 2831 2973 Child Care Coordinator 20 2427 2549 2677 2810 2950 New 2506 2631 2764 2902 3046 21 2487 2612 2744 2881 3026 New 2568 2697 2833 2975 3124 Admin. Secretary 22 2551 2679 2813 2953 3101 Maint.Worker III New 2634 2767 2904 3049 3202 Sports Facilities Coord. Bldg. Permit Tech. 23 2614 2746 2883 3028 3178 New 2699 2835 2977 3126 3281 Senior Accounting Clerk CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 07/01/03 3.25% 3.25% 3.25% 3.25% 3.25% RANGE A B C D E 24 2682 2815 2956 3103 3258 Water Services Worker New 2769 2906 3052 3204 3364 25 2747 2884 3029 3182 3339 New 2836 2978 3127 3285 3448 26 2816 2957 3104 3259 3423 Engineering Tech. New 2907 3053 3205 3365 3534 PW& Parks �ead Person 27 2886 3031 3184 3341 3508 New 2980 3130 3288 3450 3622 Code Enforcement Officer 28 2959 3106 3261 3425 3596 _ New 3055 3207 3367 3536 3713 29 3033 3186 3344 3510 3686 Engineering Asst. New 3132 3290 3452 3624 3805 Public Works Inspector 30 3108 3263 3427 3598 3777 New 3209 3369 3538 3715 3900 Fleet Maint. Coo�dinator 31 3187 3345 , 3512 3689 3872 New 3291 � 3453 3627 3809 3998 32 3265 3429 3600 3781 3971 New 3372 3541 3717 3904 4100 Building Inspector , 33 3347 3515 3691 3876 4069 Accounting Supervisor New 3455 3629 3811 4002 4201 34 3431 3602 3783 3973 4170 Recreation Supervisor New 3543 3719 3906 4102 4306 35 3517 3693 3878 4071 4275 Assistant Engineer New 3631 3813 4004 4203 4414 PW& Parks Supervisor 36 3604 3785 3975 4173 4381 New 3721 3908 4104 4309 4524 CITY OF ARROYO GRANDE ' SCHEDULE OF SALARY RANGES-SEIU 07/01/03 3.25% 3.25% 3.25% 3.25% 3.25% RANGE A B C D E 37 3695 3880 4073 4278 4491 ; New 3815 4006 4205 4417 4637 38 3788 3977 4175 4383 4603 New 3911 4106 4311 4526 4753 39 3882 4075 4280 4493 4719 New 4008 4208 4419 4639 4873 Associate Engineer 40 3978 4178 4386 4605 4837 New 4107 4313 4528 4755 4995 41 4077 4282 4495 4721 4958 _ New 4210 4421 4641 4875 5119 42 4180 4389 4608 4840 5080 New 4316 4531 4758 4997 5245 43 4285 4500 4724 4961 5208 New 4425 4646 4878 5122 5377 44 4392 4613 4843 5083 5339 New 4535 4762 5000 5249 5512 45 4504 4729 4965 5212 5472 New 4650 4882 5127 5382 5650 Senior Engineer 46 4617 4847 5089 5343 5611 New 4767 5004 5254 5517 5794 47 4731 4967 5218 5477 5751 New 4885 5129 5387 5655 5938 48 4851 5093 5348 5616 5895 New 5009 5258 5522 5798 6087 49 4970 5221 5480 5754 6042 New 5132 5390 5659 5941 6238 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU ' 07/01/03 3.25% 3.25% 3.25% 3.25% 3.25% ! RANGE A B C � E 50 5096 5351 5619 5898 6193 New 5262 5524 5801 6090 6394 ', Y22 MW III 3144 New 3246 Y27 Paul M. 3549 New 3665 Y34 Doug P. 4211 New 4348 GITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 01/01/04 3.25% 3.25% 3.25% 3.25% 3.25% '' RANGE A B C D E � 11 1945 2041 2144 2251 2364 ' New 2008 2107 2214 2324 2441 , 12 1992 2091 2197 2307 2422 New 2057 2159 2268 2382 2501 ' 13 2042 2145 2252 2365 2482 New 2108 2215 2325 2442 2563 Office Assistant I ' 14 2092 2198 2308 2423 2544 New 2161 2270 2383 2502 2627 15 2147 2254 2367 2484 2608 Account Clerk I New 2217 2327 2444 2565 2692 Facility Coordinator 16 2199 2309 2425 2546 2674 New 2271 2384 2504 2629 2761 Maintenance Worker I 17 2255 2368 2485 2609 2741 New 2328 2445 2566 2694 2830 Office Assistant II 18 2310 2426 2548 2675 2809 New 2385 2505 2630 2762 2901 19 2369 2486 2610 2742 2879 Account Clerk II New 2446 2567 2695 2831 2973 Child Care Coordinator Maintenance Worker II 20 2427 2549 2677 2810 2950 New 2506 2631 2764 2902 3046 21 2487 2612 2744 2881 3026 New 2568 2697 2833 2975 3124 22 2551 2679 2813 2953 3101 Sports Facilities Coord. New 2634 2767 2904 3049 3202 Bldg. Permit Tech. 23 2614 2746 2883 3028 3178 Admin. Secretary New 2699 2835 2977 3126 3281 Senior Accounting Clerk CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 01/01/04 3.25% 3.25% 3.25% 3.25% 3.25% RANGE A B C D E 24 2682 2815 2956 3103 3258 Maint. Worker III ' New 2769 2906 3052 3204 3364 25 2747 2884 3029 3182 3339 New 2836 2978 3127 3285 3448 26 2816 2957 3104 3259 3423 Water Services Worker New 2907 3053 3205 3365 3534 Engineering Tech. 27 2886 3031 3184 3341 3508 New 2980 3130 3288 3450 3622 28 2959 3106 3261 3425 3596 PW& Parks Lead Person New 3055 3207 3367 3536 3713�Code Enforcement Officer 29 3033 3186 3344 3510 3686 Engineering Asst. New 3132 3290 3452 3624 3805 30 3108 3263 3427 3598 3777 New 3209 3369 3538 3715 3900 Fleet Maint. Coordinator 31 3187 3345 3512 3689 3872 Public Works Inspector New 3291 3453 3627 3809 3998 32 3265 3429 3600 3781 3971 New 3372 3541 3717 3904 4100 Bui�ding Inspector 33 3347 3515 3691 3876 4069 New 3455 3629 3811 4002 4201 34 3431 3602 3783 3973 4170 Recreation Supervisor New 3543 3719 3906 4102 4306 Accounting Supervisor 35 3517 3693 3878 4071 4275 New 3631 3813 4004 4203 4414 PW& Parks Supervisor 36 3604 3785 3975 4173 4381 Assistant Engineer New 3721 3908 4104 4309 4524 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 01/01/04 3.25% 3.25% 3.25% 3.25% 3.25% RANGE A B C D E 37 3695 3880 4073 4278 4491 New 3815 4006 4205 4417 4637 38 37gg 3977 4175 4383 4603 New 3911 4106 4311 4526 4753 39 3882 4075 4280 4493 4719 New 4008 4208 4419 4639 4873 40 3978 4178 4386 4605 4837 New 4107 4313 4528 4755 4995 41 4077 4282 4495 4721 4958 Associate Engineer New 4210 4421 4641 4875 5119 42 4180 4389 4608 4840 5080 New 4316 4531 4758 4997 5245 43 4285 4500 4724 4961 5208 New 4425 4646 4878 5122 5377 44 4392 4613 4843 5083 5339 New 4535 4762 5000 5249 5512 45 4504 4729 4965 5212 5472 New 4650 4882 5127 5382 5650 46 4617 4847 5089 5343 5611 Senior Engineer New 4767 5004 5254 5517 5794 47 4731 4967 5218 5477 5751 New 4885 5129 5387 5655 5938 48 4851 5093 5348 5616 5895 New 5009 5258 5522 5798 6087 49 4970 5221 5480 5754 6042 New 5132 5390 5659 5941 6238 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 01/01/04 3.25% 3.25% 3.25% 3.25% 3.25% RANGE A B C D E 50 5096 5351 5619 5898 6193 New 5262 5524 5801 6090 6394 Y24 MW III 3246 New 3409 Y28 Paul M. 3665 New 3848 Y34 Doug P. . 4211 New 4348 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 07/01/04 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A B C D E 11 2008 2107 2214 2324 2441 New 2072 2175 2285 2398 2519 12 2057 2159 2268 2382 2501 New 2123 2229 2341 2458 2581 13 2108 2215 2325 2442 2563 New 2176 2286 2400 2520 2645 Office Assistant I 14 2161 2270 2383 2502 2627 New 2230 2342 2459 2582 2711 15 2217 2327 2444 2565 2692 Account Clerk i New 2288 2402 2522 2647 2779 Faciliry Coordinator 16 2271 2384 2504 2629 2761 New 2343 2460 2584 2713 2849 Maintenance Worker I 17 2328 2445 2566 2694 2830 New 2403 2523 2648 2780 2920 Office Assistant II 18 2385 2505 2630 2762 2901 New 2461 2585 2714 2851 2993 19 2446 2567 2695 2831 2973 Account Clerk II New 2524 2649 2781 2921 3068 Child Care Coordinator Maintenance Worker II 20 2506 2631 2764 2902 3046 New 2586 2716 2853 2995 3143 21 2568 2697 2833 2975 3124 New 2650 2783 2924 3070 3224 22 2634 2767 2904 3049 3202 Sports Facilities Coord. New 2718 2855 2997 3146 3304 Bldg. Permit Tech. 23 2699 2835 2977 3126 3281 Admin. Secretary New 2785 2926 3072 3226 3386 Senior Accounting Clerk CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 07/01/04 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A B C D E 24 2769 2906 3052 3204 3364 New 2857 2999 3150 3306 3472 Maint. Worker I11 25 2836 2978 3127 3285 3448 New 2927 3073 3227 3391 3558 26 2907 3053 3205 3365 3534 Water Services Worker ' New 3000 3151 3307 3473 3647 Engineering Tech. 27 2980 3130 3288 3450 3622 New 3076 3230 3393 3560 3738 28 3055 3207 3367 3536 3713 PW 8� Parks Lead Person New 3153 3310 3475 3649 3832 Code Enforcement Officer 29 3132 3290 3452 3624 3805 Engineering Asst. New 3232 3395 3563 3740 3927 30 3209 3369 3538 3715 3900 New 3312 3477 3652 3834 4025 Fleet Maint. Coordinator 31 3291 3453 3627 3809 3998 New 3396 3564 3743 3931 4126 Public Works Inspector 32 3372 3541 3717 3904 4100 New 3479 3654 3836 4028 4231 Building Inspector 33 3455 3629 3811 4002 4201 New 3566 3745 3933 4130 4336 34 3543 3719 3906 4102 4306 Recreation Supervisor New 3656 3838 4031 4233 4444 Accounting Supervisor 35 3631 3813 4004 4203 4414 New 3747 3935 4132 4338 4555 PW& Parks Supervisor 36 3721 3908 4104 4309 4524 New 3841 4033 4235 4447 4669 Assistant Engineer CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 07/01/04 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A B C D E 37 3815 4006 4205 4417 4637 New 3937 4134 4340 4558 4786 38 3911 4106 4311 4526 4753 New 4036 4238 4449 4671 4905 ' 39 4008 4208 4419 4639 4873 New 4136 4342 4561 4788 5028 40 4107 4313 4528 4755 4995 New 4239 4451 4673 4907 5154 41 4210 4421 4641 4875 5119 Associate Engineer New 4345 4563 4790 5031 5283 42 4316 4531 4758 4997 5245 New 4454 4676 4910 5157 5413 43 4425 4646 4878 5122 5377 New 4566 4795 5034 5286 5549 44 4535 4762 5000 5249 5512 New 4680 4915 5160 5417 5689 45 4650 4882 5127 5382 5650 New 4799 5039 5291 5554 5831 46 4767 5004 5254 5517 5794 New 4919 5165 5422 5693 5979 Senior Engineer 47 4885 5129 5387 5655 5938 New 5041 5293 5559 5836 6128 48 5009 5258 5522 5798 6087 New 5169 5427 5699 5984 6282 49 5132 5390 5659 5941 6238 New 5296 5563 5840 6131 6438 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 07/01/04 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A B C D E 50 5262 5524 5801 6090 6394 New 5430 5701 5987 6285 6599 Y24 MW III 3409 �New 3518 Y28 Paul M. 3848 New 3971 Y34 Doug P. 4348 New 4487 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 04/01/05 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A B C D E 11 2008 2107 2214 2324 2441 New 2072 2175 2285 2398 2519 12 2057 2159 2268 2382 2501 ' New 2123 2229 2341 2458 2581 13 2108 2215 2325 2442 2563 New 2176 2286 2400 2520 2645 Office Assistant I 14 2161 2270 2383 2502 2627 New 2230 2342 2459 2582 2711 15 2217 2327 2444 2565 2692 Account Clerk I New 2288 2402 2522 2647 2779 Faciliry Coordinator 16 2271 2384 2504 2629 2761 New 2343 2460 2584 2713 2849 Maintenance Worker I 17 2328 2445 2566 2694 2830 New 2403 2523 2648 2780 2920 Office Assistant II 18 2385 2505 2630 2762 2901 New 2461 2585 2714 2851 2993 19 2446 2567 2695 2831 2973 Account Clerk II New 2524 2649 2781 2921 3068 Child Care Coordinator Maintenance Worker II 20 2506 2631 2764 2902 3046 New 2586 2716 2853 2995 3143 21 2568 2697 2833 2975 3124 New 2650 2783 2924 3070 3224 22 2634 2767 2904 3049 3202 Sports Facilities Coord. New 2718 2855 2997 3146 3304 Bldg. Permit Tech. 23 2699 2835 2977 3126 3281 New 2785 2926 3072 3226 3386 Senior Accounting Clerk CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 04/01/05 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A B C D E 24 2769 2906 3052 3204 3364 New 2857 2999 3150 3306 3472 Admin. Secretary 25 2836 2978 3127 3285 3448 New 2927 3073 3227 3391 3558 Maint. worker I�f ' 26 2907 3053 3205 3365 3534 New 3000 3151 3307 3473 3647 Engineering Tech. 27 2980 3130 3288 3450 3622 New 3076 3230 3393 3560 3738 Water Services Worker 28 3055 3207 3367 3536 3713 - New 3153 3310 3475 3649 3832 Code Enforcement Officer 29 3132 3290 3452 3624 3805 Engineering Asst. New 3232 3395 3563 3740 3927 PW& Parks Lead Person 30 3209 3369 3538 3715 3900 New 3312 3477 3652 3834 4025 Fleet Maint. Coordinator 31 3291 3453 3627 3809 3998 New 3396 3564 3743 3931 4126 32 3372 3541 3717 3904 4100 Building Inspector New 3479 3654 3836 4028 4231 Public Works Inspector 33 3455 3629 3811 4002 4201 New 3566 3745 3933 4130 4336 34 3543 3719 3906 4102 4306 Recreation Supervisor New 3656 3838 4031 4233 4444 Accounting Supervisor 35 3631 3813 4004 4203 4414 New 3747 3935 4132 4338 4555 PW& Parks Supervisor 36 3721 3908 4104 4309 4524 New 3841 4033 4235 4447 4669 Assistant Engineer CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 04/01/05 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A g C p E 37 3815 4006 4205 4417 4637 New 3937 4134 4340 4558 4786 38 3911 4106 4311 4526 4753 New 4036 4238 4449 4671 4905 39 4008 4208 4419 4639 4873 New 4136 4342 4561 4788 5028 40 4107 4313 4528 4755 4995 New 4239 4451 4673 4907 5154 41 4210 4421 4641 4875 5119 - New 4345 4563 4790 5031 5283 42 4316 4531 4758 4997 5245 New 4454 4676 4910 5157 5413 43 4425 4646 4878 5122 5377 Associate Engineer New 4566 4795 5034 5286 5549 44 4535 4762 5000 5249 5512 New 4680 4915 5160 5417 5689 45 4650 4882 5127 5382 5650 New 4799 5039 5291 5554 5831 46 4767 5004 5254 5517 5794 New 4919 5165 5422 5693 5979 Senior Engineer 47 4885 5129 5387 5655 5938 New 5041 5293 5559 5836 6128 48 5009 5258 5522 5798 6087 New 5169 5427 5699 5984 6282 49 5132 5390 5659 5941 6238 New 5296 5563 5840 6131 6438 CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-SEIU 04/01/05 3.20% 3.20% 3.20% 3.20% 3.20% RANGE A B C D E 50 5262 5524 5801 6090 6394 New 5430 5701 5987 6285 6599 Y25 MW III 3518 New 3606 Y29 Paul M. 3971 New 4070 Y34 Doug P. 4348 New 4487 8.j. � p,RROy� ° c�P � INCORPORATED 9Z " T MEMORANDUM * JULY 10, 1911 7� c4��F O RN�P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� SUBJECT: CONSIDERATION OF APPROVAL OF TRACT MAP 2328; S&S HOMES; STONECREST DEVELOPMENT DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the Council accept Final Tract Map 2328, subdividing 4.56 acres into twenty-six (26) residential lots. FUNDING: There is no fiscal impact at this time. DISCUSSION: The City has received Final Tract Map 2328, owned by S&S Homes of the Central Coast, Inc. The subject tract is located at the southwest corner of the EI Camino Real and Hillcrest Drive intersection. This map splits one parcel of 4.56 acres in size into twenty-six (26) separate lots ranging from �,993 to 18,813 square feet in size. Twenty- six residential units will be constructed on the site. This is consistent with the approved Planned Unit Development 99-001, which was processed concurrently with the Vesting Tentative Tract Map. The current zoning for this tract is Multi-Family (MF). ALTERNATIVES: The following alternatives are provided for the Council's consider�tion: • Approve staff's recommendation; • Do not approve staff's recommendation; • Modify as appropriate and approve staff's recommendation; or • Provide direction to staff. 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Specific Plan. FUNDING: No fiscal impact. DISCUSSION: On June 24, 2003 the City Council introduced for first reading, without modification, an Ordinance to amend the Arroyo Grande Zoning Map from Rural Residential (RR) to Single Family Residential with Specific Plan overlay (SFR-SP) for a 1.6-acre portion of Subarea 3 of the Berry Gardens Specific Plan. The Ordinance is now presented for second reading with the recommendation for adoption. ALTERNATIVES: The following alternative are presented for the Council 's consideration: - Adopt the attached Ordinance; - Modify and adopt the attached Ordinance; - Do not adopt the attached Ordinance; - Provide direction to staff. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE; DEVELOPMENT CODE AMENDMENT 02-002, APPLIED MATSUMOTO REVOCABLE TRUST WHEREAS, the City of Arroyo Grande Zoning Map indicates that a 1.6 acre portion of the parcel identified in the attached Exhibit "A", located at 1595 East Grand Avenue, is located in the Rural Residential (RR)zoning district; and WHEREAS, the applicant, Matsumoto Revocable Trust, has filed an application for Development Code Amendment 02-002 to amend the Zoning Map and designate the project parcel as Single Family Residential —Specific Plan (SFR-SP); and WHEREAS, adoption of the proposed zoning designation would establish land use, development and design standards for the above described area; and WHEREAS, the Planning Commission of the City of Arroyo Grande has recommended that the City Council approve Development Code Amendment 02-002; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 02-002 at a duly noticed public hearing on June 24, 2003, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. The proposed zone change will satisfy the 2001 General Plan Land Use Element, which designates the property as Medium Density Residential — Specific Plan. B. The existing zone and proposed zone are both residential in nature, and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. Medium density residential development within the project area would be consistent with development and design standards under the SFR-SP zoning designation and insure orderly development. ORDINANCE NO. PAGE 2 D. The potential environmental impacts of the proposed Development Code Amendment amending the Zoning Map are insignificant or can be mitigated to a less than significant level. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande hereby approves Development Code Amendment 02-002 amending a portion of the Zoning Map as follows: SECTION 1: The above recitals and findings are true and correct. G TION : Development Code Section 16.24.020 is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by reference. �ECTI�N 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact #hat any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Determination. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. �ECTION 6: This Ordinance shall take effect thirty(30) days after its adoption. ORDINANCE NO. PAGE 3 On motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2003 ORDINANCE NO. PAGE 4 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: � , � ST��/E ADA , CITY MANAGER APPROVED AS TO FORM: TIM THY J. AR , C ORNEY EXHIBITA � _ � � � � i , � � � ' _ GRAND � ����` ; - _ � � I i � I � I i I_ � I � � I � II � � I , �Z � � � �-T- I � � I i , ; Q � c°� —,� � I I �----� , Y ' , ¢ � � O � I --�L.� ' \, i ------L_ II � J �_ ----_ I� I � I 1 STRAWBERRY -----_ � E�__J I i � � ,��, i � J MANHqT7- N BLqCKBERRY � �� w m i z w � HUCKLEBERRY I }, � v CEDAR m i I � The shaded area is proposed to be changed from Rural Residential (RR) to Single Family Residential with Specific Plan overlay (SFR-SP) � pRROY� S■I■ ° ��+ � INCORPORATED�Z v m * JULY 10, ,s„ ,� MEMORANDUM c4��FORN�P TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO � BY: KRISTIN KRASNOVE, PLANNING INTERN � SUBJECT: CONSIDERATION OF TEMPORARY USE PERMIT 03-018; AUTHORIZATION TO CLOSE CITY STREETS FOR CHAMELEON FINE FURNITURE'S 10T" ANNIVERSARY BARBEO.UE AND FUNDRAISER DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the City Council adopt the attached Resolution approving Temporary Use Permit 03-018 for Chameleon Fine Furniture's 10`h anniversary barbeque and fundraiser and authorizing the closure of City streets. FUNDING: This project has no financial impact to the City. DISCUSSION: On June 6, 2003, the applicant submitted a Temporary Use Permit application to conduct an anniversary barbeque and fundraiser. As part of the event, the applicant has requested the closure of Nelson Street so that a temporary dance floor may be set up for a "sock hop". The fundraiser portion of the event will benefit the daughter of one the store's employees, who is ill with cystic fibrosis. The description of the area to be used is as follows: Closure of Nelson Street between Bridge and Short Streets on Saturday, August 2, 2003 from 5:00 pm to 10:00 pm. ALTERNATIVES: The following alternatives are presented for Council consideration: - Adopt the attached Resolution; - Modify and adopt the attached Resolution; - Do not adopt the attached Resolution; - Provide direction to staff. Attachments: 1 . Letter from Applicant RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 03- 018; AUTHORIZING THE CLOSURE OF A PORTION OF NELSON STREET FOR CHAMELEON FINE FURNITURE'S �OTH ANNIVERSARY BARBEQUE AND FUNDRAISER TO BE HELD SATURDAY, AUGUST 2, 2003 WHEREAS, the applicant, Chameleon Fine Furniture, has requested closure of a portion of Nelson Street as described below, for its 10"' anniversary barbeque and fundraiser on August 2, 2003; and WHEREAS, the applicant will be responsible for traffic control and cleanup; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows: 1 . That Nelson Street between Bridge and Short Streets shall be closed from 5:00 pm to 10:00 pm on Saturday, August 2, 2003 for the purpose of holding a barbeque and fundraiser. 2. That the applicant will adhere to certain requirements and conditions set forth by the Public Works, Police, and Building and Fire Departments regarding security and traffic control and all other applicable conditions of a Temporary Use Permit to be issued by the City as set forth in Exhibit "A". On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this 8t'' day of July, 2003. RESOLUTION NO. PAGE 2 OF 4 TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY RESOLUTION NO. PAGE 3 OF 4 EXHIBIT "A" CONDITIONS OF APPROVAL TEMPORARY USE PERMIT 03-018 SATURDAY, AUGUST 2, 2003 General Conditions 1 . The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 4. The applicant shall be responsible for all clean up following the event, including equipment, barricades, and receptacles. Public Works Department Conditions 5. The event organizers shall be responsible for providing traffic control, and setting up, and removing barricades for closures of City streets, alleys and parking lots and City facilities mentioned in the application. 6. The event organizers shall coordinate with the Police, Public Works, and Fire Departments in the closures of streets, alleys and parking lots. Building and Fire Department Conditions 7. The event organizers must comply with the Building and Fire Department guidelines. RESOLUTION NO. PAGE40F4 8. Emergency access must be maintained to the satisfaction of the Director of Building and Fire. 9. The use of generators must be reviewed and approved by the Director of Building and Fire. C ELE NTM ATTACHMENT 1 O E I N E F U R N I T U R E Division of Camaraderie&Co. P.O.Box 205 • Arroyo Grande,CA 93421 •Tel.(805)481-4104 June 6, 2003 Citp ttf.��rande Re: `�errtpQrar,� �Jse I'�rmit To Whom it may concern: Cham���an �ine �urniture is_re�ebratm�trtzr 1f�`:1�nniv�rsar�.inAugus#._ �#��aai.i�o�ve a �art�t #fl tkar�k the�ommunity fc�r�s:������ Y1�� a.L��ar�tt��ve a �undraiser-barbecue for our s���'.�h�,���� �o has�ys�i��asis. We plan t�se� tiekets €or the_�r�ett�#�be���p�r�ng lot, 'F�ere�t�l b.��ilent auet�i�ems�,.��r�rizes anc�:�ests. We war��#�e�s�i�e}son street �t l�eer�e�'�$r��.��or.t so ��e�rr�,���nce floor brought fn for a "sock hop. Proposec� �otxrs a�e fram 5:00 ��Q:B�..pm. 'The afitua� e�e�t zv�l-onl_y invo�ve�l[R-�.r��r°�r+�ttt�f�r�#�� at.1E17}��orr.�st..�nd possib�� e�te�zn front of Greg AFestor'g g�ee f�a�reeg ga far). We�Qtr�}�,tte�t ne�ghbors�across the street and the Rutherfords). I do not foresee an�t adverse impact on oih�er�ars. Please Iet us have th�s chance t$t�e�ebrat��g t�,� '€�airic�ou in.�dv�rtee fer�aur��cest response possible. Si erel�, Camay �1ra (805) 48�-4�Ek� 9.a. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hoid a Public Hearing on the following project: CASE NO. Amended Conditional Use Permit Case No. 03-003 APPLICANT: Camino Mercado Partners, L.P. LOCATION: 597 Camino Mercado PROPOSAL: The Council will consider an application for an Amended Conditional Use Permit to modify the site plan for a 60-unit senior apartment complex approved by Conditional Use Permit 01-010. ENVIRONMENTAL DETERMINATION: Categorical Exemption REPRESENTATIVE:Jason Blankenship In compliance with the California Environmental Quality Act, the Community Development Department has determined that the proposed project is categorically exempt under Section 15305 of the CEQA Guidelines. Any person affected or concerned by this application may submit written comments to the Community Development Department before the City Council hearing, or appear and be heard in support of or opposition to the project and the environmental impacts at the time of hearing. Any person interested in the proposals can contact the Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 A.M. to 5:00 P.M.). If you challenge an item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Date and Time of Hearing: Tuesday, July 8, 2003, at 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 , � � ` �i���� �u�.��- Kelly W mor , Director of Administrative Services/Deputy City Clerk Publish 1T, Friday, June 27, 2003 � pRROy� ° �� � INCORPORATED 9Z V T �[ JULY 10. 1911 * c���FORN�P MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR � BY: �KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003 TO MODIFY THE SITE PLAN APPROVED FOR CONDITIONAL USE PERMIT 01-010; 579 CAMINO MERCADO; CENTRAL COAST REAL ESTATE DEVELOPMENT DATE: JULY 8, 2003 RECOMMENDATION: It is recommended the City Council continue the public hearing to August 26, 2003. FUNDING: No fiscal impact. DISCUSSION: Backqround The City Council approved Conditional Use Permit 01-010 on January 22, 2002 to construct a 60-unit senior apartment complex and 3,000 square foot senior recreation center. On May 28, 2002 the Council approved an amendment to the project to convert the mix of one and two-bedroom units to all two-bedroom units. During the plan check process for the project, it was determined that massive retaining walls were necessary to hold back the steep slopes and preserve the existing oak trees along the eastern side and rear of the property. The area of particular concern was along the access driveway, which would require three (3) separate retaining walls spaced 24" apart reaching a total height of eighteen feet (18') to hold back the slope. After further research and several meetings with the applicant, the applicant's arborist and the City's arborist, it was determined that the retaining walls would not provide any oak tree protecfiion and would in fact be fatal to certain oak trees. An alternative was subsequently conceived to reduce the height and number of retaining walls by means of construction easements on the adjacent City property. However, this solution would require the removal of three (3) oak trees that are in varying degrees of health. The applicant agreed to mitigate the tree removal with a replacement ratio of eight CITY COUNCIL AMENDED CONDITIONAL USE PERMIT CASE NO.03-003 TO MODIFY THE SITE PLAN APPROVED FOR CONDITIONAL USE PERMIT 01-010; 579 CAMINO MERCADO; CENTRAL COAST REAL ESTATE DEVELOPMENT JULY 8,2003 PAGE 2 (8) oak trees for each oak tree removed for a total of twenty-four (24) replacement trees (5-gallon and 15-gallon). The applicant also agreed to construct a six-foot (6') wide pedestrian path along the east side of the driveway on City property that will eventually link with other City pedestrian paths along James Way. Subsequent to publishing the public hearing notice, it was determined that additional oak tree removal was required to construct the project, requiring further environmental review that could not be completed prior to the noticed public hearings scheduled for the July 1, 2003 Planning Commission meeting and the July 8, 2003 City Council meeting. ALTERNATIVES: The following alternatives are provided for City Council consideration: - Continue the hearing to August 26, 2003 as recommended; or - Continue the item to a different date; or - Begin discussion and continue the item for formal action and provide direction to staff.