HomeMy WebLinkAboutAgenda Packet 12/09/1997 *PUBLIC REVIEW COPY
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City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
GENERAL INFORMATION
The City Council meets n regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber `f City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reporl s or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208)and in the Information Office(Room 103),
available for public inspection during City Hall business hours.
In with the ericans with Disabilities Act,if you need special assistance to participate in
a City meeting or othey services offered by this City,please contact the City Manager's Office,(805)
461-5010,or the City CI rk's Office,(805)461-5074. Notification at least 48 hours prior to the meeting
or time when services ar needed will assist the City staff in assuring that reasonable arrangements can
be made to provide accessibility to the meeting or service.
TO SPEAK AT PUBLIC HEARINGS
Scheduled public hearin s are itemized on the Agenda. The Mayor will identify the subject,announce
when the public hearing is open and request anyone interested to address the Council regarding the
matter being considered. If you wish to speak for, against or comment in any way:
• You must a proach the podium and be recognized by the Mayor
• Give your name and address
• Make your s atement
• All commen s should be made to the Mayor and Council
• All commen s limited to 5 minutes(unless changed by the Council)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so,and no one may speak more than twice on any item.
The Mayor will announce when the hearing is closed,and thereafter,no further public comments will be
heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED AS PUBLIC HEARINGS
Under Agenda item,"COMMUNITY FORUM",the Mayor will call for anyone from the audience
having business with the Council to:
• Please aper ach the podium and be recognized
• Give your n me and address
• State the nat are of your business
This is the time items no on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed or Community Forum(unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to a pear on the Agenda must be in the Office of the City Manager ten days
preceding the Council m eting. Should you have a matter you wish to bring before the Council,please
mail or bring a written communication to the City Manager's office in City Hall prior to the deadline.
AGENDA
ATASCADERO CITY COUNCIL
MEETING
TUESDAY,DECEMBER 9,1997
City of Atascadero
6500 Palma Avenue,4th floor
Atascadero,California
CLOSED SESSION,6:30 P.M.:
1) Conference with legal counsel-Pending litigation (Govt. Code Sec. 54956.9(a))
Name of case:Tilley v. City of Atascadero
2) Conference with legal counsel=Pending litigation'(Govt. Code Sec. 54956.9(a))
Name of case: Poletti v. City of Atascadero
3) Conference with labor negotiator(Govt.Code Sec. 54957.6):
Agency Negotiator: City Manager
Department Heads Compensation
REGULAR SESSION,7:00 P.M.:
PLEDGE OF ALLEGIANCE: .. Council Member Luna
ROLL CALL: Mayor Carden
Council Member Johnson
Council Member Clay
Council Member Lerno
Council Member Luna
APPROVAL OF AGENDA: Roll Call
COUNCIL ANNOUNCEMENTS AND REPORTS:
On their own initiative, Council Members may make a brief announcement or a brief
report on their own activities. Council Members may ask a question for clarification,
make a referral to staff or take action to have staff place a matter of business on a future
agenda. No formal action by the Council will be taken unless an item is identified on the
Agenda.
PUBLIC COMMENT:
This portion of the meeting is reserved for persons wanting to address the Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are
limited to five minutes. Please state your name and address for the record before making
your presentation. The Council may take action to direct the staff to place a matter of
business on a future agenda.
CORRESPONDENCE:
A. CONSEN CALENDAR: Roll Call
All items on the co sent calendar are considered to be routine and non-controversial by
City staff and will e approved by one motion if no member of the Council or public
wishes to commeni or ask questions. If comment or discussion is desired by anyone, the
item will be remov d from the consent calendar and will be considered in the listed
sequence with an c portunity for,any member of the public to address the Council
concerning the item before action is taken.
1. CLty Council Minutes-November 12, 1997 (City Clerk recommendation:
Approve)
2. Minor Roa I Repair Projects—FY 96/97-Accept completed improvements,
release pro ect retention. -Fiscal Impact: $12,524.27,previously budgeted.
(Staff recommendation: Accept)
3. General PlIn Amendment Cycle 97-2—Initiation of General Plan Amendment
Applications—No Fiscal Impact-(Staff recommendation: Receive &file)
4. Memorandum of Understanding—Between the City of Atascadero and the
Atascadero Fire Captains Bargaining Unit-Fiscal Impact: $92.64- (Staff
recommendation: Adopt Resolution No. 109-97)
5. Acce tance of Final Tract Ma Tract 2233 10780 El Camino Real Division of
a 3.61 acre site into 24 parcels(Shores-Shannon/Sholders)—No Fiscal Impact-
(Staff recot Pimendation:Accept)
B. PUBLICHEARINGS: (no items submitted)
C. MANAGEMENT REPORTS:
1. 1996 and 1997 Audit Reports No Fiscal Impact-(Staff recommendation:
Review and accept)
2. Diablo Canyon Use Tax Sharing—Fiscal Impact.: Potential gain 97-98, $20,000;
Potential gain 98-99, $40,000;Potential long-term loss is unknown- (Staff
recommen ation:Authorize City Manager to sign a MOUwth the County)
3. Information Bulletin:
A. Hig hway 41/101 Interchange
B. Employee Update
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D. ATTORNEY REPORTS: (no items submitted)
E. COMMITTEE REPORTS (The following represent standing committees.
Informative status reports will be given, as felt necessary):
1. S.L.O. County Mayors Group
2. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
3. City/School Committee
4. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group
5. Economic Round Table
6. Finance Committee
7. Air Pollution Control District
8. North County Council
9. Ad Hoc Regional Water Management Committee
10. Integrated Waste Management Authority
F. INDIVIDUAL DETERMINATION AND/OR ACTION: ,
I. City Council
2. City Clerk
3. City Treasurer
G. ADJOURNMENT:
THE CITY COUNCIL HAS CANCELLED ITS REGULAR MEETING OF
DECEMBER 23R DUE TO THE CHRISTMAS HOLIDAY. THE NEXT REGULAR
MEETING IS SCHEDULED FOR JANUARY 13, 1998.
Please note: Should anyone challenge any proposed development entitlement listed on
this Agenda in court, that person may be limited to raising those issues addressed at the
public hearing described in this notice, or in written correspondence delivered to the City
Council at or prior to this public hearing.
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ITEM NUMBER: A- 1
DATE: 12/9/97
ATASCADERO CITY COUNCIL
November 12, 1997
MINUTES
CLOSED SESSION 3:45 P.M.:
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1) Conference with legal counsel - Existing litigation(G.C. Sec. 54956.9(a))
Name of case: Greene,et al v. City of Atascadero
Mayor Johnson adj urned the Closed Session at 4:28 p.m. and Roy Hanley announced that
the Council took no action.
OPEN SESSION,4:00 P.M.:
E f
Mayor Johnson called the Open Session to order at 4:30 p.m.
ROLL CALL:
Present: Councilmembers Carden, Lerno,Luna and Mayor Johnson
Absent: Councilmember Clay
Others Present: Marcia M. Torgerson, City Clerk
Staff Present: Wade McKinney, City Manager;Roy Hanley, City Attorney; Steve
Decamp,Acting Community Development Director; and John Neil,
Assistant City Engineer.
APPROVAL OF AGENDA:
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Wade McKinney ann�unced that he would like to add: Acceptance of Final Tract Map, 10920
Santa Barbara Road. �he information for this item was received after the preparation of this
Agenda.
MOTION: By Cooncilmember Luna and seconded by Councilmember Carden to
appro,re the agenda including the addition of the Acceptance of Final Tract
Ma 0920 Santa Barbara Road.
Modoi i passed 4.0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS: None.
CC 11/12/97
Page 1 of 3
PUBLIC COMMENT:
Eric Greening, 7365 Valle, questioned why this meeting could not have been announced at the
Council's October 28, 1997 meeting. Also,he stated that he has noticed that the City's
automatic sprinklers,between the Historical House and El Camino Real,have been running
while it's raining. He suggested that they be re-programed for the rainy season.
Mayor Johnson asked staff to look into the matter.
Ernie Porter, 5095 Sycamore Road, stated that he was concerned about the Albertson project and
its effect on the River Gardens drainage problem. He expressed hope that the City was keeping
the River.Gardens drainage problem in mind when reviewing the Albertson project.
--end Public Comment--
A. CONSENT CALENDAR: Roll Call
1. Acceptance of Final Parcel Map 96012, 6505 San Gabriel Rd. -Division of an 8.46-acre
site into two parcels of 4.32 and 4.14 acres(Redel/Sholders) -No Fiscal Impact(Staff
recommendation: Accept)
2. Acceptance of Final Tract May#31-90, 9100 Santa Barbara Rd. -Division of 24-acre site
into twelve(12) lots for single-family residential use and two (2)parcels for recreational
use (Gearhart/Cannon Associates)-No Fiscal Impact(Staff recommendation: Accept)
Mayor Johnson announced that Councilmember Lerno will abstain on Item A-2 due to a conflict
of interest. Eric Greening asked that Item A-2 be pulled.
RE: Item A-2: Eric Greening stated that he has noticed that grading has already begun on this
site before the Final Map has been approved and asked if this is normal procedure. Steve
DeCamp responded,yes it is not out of the ordinary. Roy Hanley added that,however, grading
does not take place before a Tentative Map.
MOTION: By Councilmember Luna and seconded by Councilmember Carden to
approve Items A-1 and A-2.
Motion passed 4:0 by a roll-call vote(with Councilmember Lerno abstaining on
A-2.)
B. MANAGEMENT REPORTS:
1. Agreement for Engineering Consultant Services,Albertson's/Curbaril Center-No Fiscal
Impact(Staff recommendation: Authorize City Manager to execute agreement with RRM
Design Group)
Wade McKinney gave the staff report. He explained that the drainage and traffic seem to,be the
foremost issues.
CC 11/12/97
-Page 2 of 3
PUBLIC COMMENT:
Eric Greening, 7365 Valle, stated that he agrees with Mr. Porter's concerns that the impact of
increasing the peak runoff needs to be addressed. He also stressed the importance of reviewing
alternatives in relation to the traffic issue.
MOTION: By Cooncilmember Carden and seconded by Councilmember Luna to
authorize the City Manager to execute an agreement with RRM Design
Groupl,for engineering consultant services concerning the
Albertson's/Curbaril Center.
Motion passed 4:0 by a roll-call vote.
2. Acceptance of'Final Tract Map, 10920 Santa Barbara Road(Chamley/Sholders)—No
Fiscal Impact(Staff recommendation: Accept) (Added to agenda by Council's approval)
MOTION: By Councilmember Carden and seconded by Councilmember Lerno to
accept!,the Final Tract Map, 10920 Santa Barabara Road.
Motion passed 4:0 by a roll-call vote.
Mayor Johnson announced that he will be out of town as of next Tuesday and will be back at the
end of the week.
Mayor Johnson adjourned the Open Session at 4:42 p.m. to the Council's next Regular
Session on November 25, 1997.
RECORDED AND PREPARED BY:
Marcia M. Torgerson, City Clerk
CC 11/12/97
Page 3 of 3
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ITEM NUMBER: A-2
DATE: 12/09/97
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City Mana en's Agenda Report
Wade G. McKi ney
Minor Road Repair Projects - FY 96/97
RECOMMENDA TION:
Council accept the Minor Road Repair Projects - FY 96/97 as complete and authorize the
Finance Department io release the $12,524.27 project retention to Souza Construction, Inc.
DISCUSSION:
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Resolution No. 70-91 authorized the execution of an agreement with Souza. Construction, Inc.
to construct the Min4r Road Repair Projects - FY 96/97. The project was completed on
October 29, 1997. ' he work was found to be in substantial conformance with the plans
approved by the City Engineer.
A change order was issued to overlay the segment of Graves Creek Road between Monterey
Road and Balboa Rod. The change order also included the painting of traffic stripes and
pavement markings. ^The total cost of this additional work was performed within the amount
budgeted for construction of the Minor Road Repair Projects - FY 96/97.
FISCAL IMPAC
The fiscal impact is the $12,524.27 project retention, previously budgeted.
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The following tables summarize the construction revenues and expenditures for the Minor
Road Repair Projects FY 96/97:
CONSTRUCTION REVENUES
Streets and Bridges fees (Fund 705) $ 116,091
FEMA Stoim Damage Funds (Fund 500) 3,446
Urban Stato Highway Account Funds (Fund 500) $ 12,674
TOTAL CONSTRUCTION REVENUES $132,211
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CONSTRtfCTION EXPENDITURES
Constructio costs $125,243
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Construction engineering $6,584
Soils testing $384
TOTAL CONSTRUCTION EXPENDITURES $132,211
ALTERNATIVES:
RESPONSIBLE DEPARTMENT:
Community Services Department
ATTACHMENTS:
Attachment A - Notice of Completion
XAC0RRESU6137WCCEPT.RPT
��11000ti
RECORDING REQUESTED BY:
(and when recorded, mail to.)
City Clerk
CITY OF ATASCADERO
6500 Palma Avenue
Atascadero, CA 93422
NOTICE OF COMPLETION
NO TRANSFER OF PROPERTY
Notice is hereby given pursuant to Civil Code Section 3093:
1. The undersigned is corporate officer for the City of Atascadero, owner of property
hereinafter described.
2. The full name of the owner is the City of Atascadero.
3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422
4. The nature of the interest of the owner is in fee.
5. A work of improvement on the property hereinafter described was completed on
October 29, 19971.
6. The work done was construction of asphalt concrete overlays, cold milling of existing A.C.
pavement, construction of P.C.C. sidewalk, construction of aggregate base shoulders,
construction of A.C. dike, painting of traffic stripes and pavement markings.
7. The name of the contractor who performed such work of improvement was
Souza Construction, Inc. The date contract was entered into was September 17, 1997.
8. The property on which said work of improvement was completed was in the City of
Atascadero, County of San Luis Obispo, State of California, and is described as follows:
Repair of a damaged sewer main across Atascadero Creek at Curbaril Avenue.
9. The street address'',of said property is: Not Applicable
Dated:
Wade G. McKinney, City Manager
City of Atascadero
VERIFICATION
I,the undersigned, say that I,I am the City Manager, declarant of the foregoing Notice of Completion; I have read said
Notice of Completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of
perjury that the foregoing is true and correct.
Executed on at the City of Atascadero, California.
41
Wade G. McKinney, City Manager
City of Atascadero
` 301'03
ITEM NUMBER: A 3
DATE: 12/09/97
F
City Manager's Agenda Report
Wade G. McK nney
!k
General Plan Amendment Cycle 97-2
RECOMMEND�TION(S):
Staff recommends: 4uncil receive and file this report
DISCUSSION:
The following Genero Plan amendment applications were filed for consideration during
the second general plan amendment cycle of 1997. Concurrent applications for necessary
amendments to the City's Zoning Ordinance tent and/or map will be processed with the general
plan amendment appl cations. Public hearings will be noticed and held by the Planning
Commission as staff analysis is completed on each of the applications. Planning Commission
recommendations will be forwarded to the Council for your further review and action.
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GPA 97004 I
104051 Morro Road (Davis)
Curre#t GP: Recreation
Propo ed GP: Suburban Single Family
66.6 ares
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GPA 97005
855511 Centro (Charnley)
Curreit GP: High Density Single Family
Propo ed GP: High Density Multiple Family-Planned Development
3.5 acres
GPA 97006
4605 1 Camino Real(Jordan)
Curre t GP: Professional Commercial
Propo ed GP: Service Commercial
1.0 ac es
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ITEM NUMBER: A - 3
DATE: 12/09/97
GPA 97007
905 El Camino Real(Cosmic Astro)
Current GP: Commercial Park
Proposed GP: High Density Multiple Family-Planned Development
27.0 acres
GPA 97008
11300 Viejo Camino (Gearhart)
Current GP: Neighborhood Commercial
Proposed GP: Multiple Use(New land use category)
1.4 acres
GPA 97009
7930 Santa Rosa Road(Gearhart)
Current GP: Public
Proposed GP: High Density Single Family
1.1 acres
GPA 97010
1690 El Camino Real(Davidson)
Current GP: Tourist Commercial&Public
Proposed GP Commercial Park
5.0 acres
GPA 97011
3905 El Camino Real(Staff
Current GP: Neighborhood Commercial
Proposed GP: Retail Commercial
5.0 acres
FISCAL IMPACT:
No fiscal impact.
RESPONSIBLE DEPARTMENT: Community Development
100005
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ITEM NUMBER: A — 4
DATE:- 12/09/97
I
iais � i97
City Mana er's A enda Report
Wade G. McKi ney
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Memorandum of Understanding (MOU) between the City of Atascadero and
the Atascadero Fire Captains Bargaining Unit.
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RECOMMENDATION: Adopt Resolution No. 109-97 adjusting benefits for the Atascadero
Fire Captains Bargaining Unit.
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DISCUSSION: Oe Atascadero Fire Captains Bargaining Unit is a City recognized unit. It
represents the classification of Fire Captains and currently has four members. This MOU covers a
one year period for ffical year 1997/98. There is no salary increase for the term of this contract.
The attached salary schedule (Exhibit B) adopted on October 28, 1997, reflects a zero percent
increase.
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Prior to 1995, the Ci paid the cost of increased insurance premiums for the employee and a
negotiated flat rate aniount for dependents. This MOU will increase the City's contribution to
health insurance premium costs, based upon the HMO medical plan, which has a lower premium
(and increase) than th "indemnity-type" plan. The increase premium costs for dependents will
continue to be picked p at 50%by the City. The increase in HMO premiums effective November
1, 1997, was $1.93. Tphe employees voted for a reduction to their medical benefit plan in an effort
to minimize the incre4e to the monthly premium.
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FISCAL IMPAC': The total fiscal impact of the Fire Captains MOU for the one year term is
$92.64. j
RESPONSIBLE DEPARTMENT: Administration—Personnel Division
ATTACHMENT: Resolution 109-97
Memorandum of Understanding(MOU)—Exhibit A
Salary Schedule-Exhibit B
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RESOLUTION NO. 109-97
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
THE ATASCADERO FIRE CAPTAINS BARGAINING UNIT
WHEREAS, The City of Atascadero has met and conferred in good faith with the
Atascadero Fire Fighters Bargaining Unit for the purpose of discussing wages, benefits and
other conditions of employment; and
WHEREAS, The City of Atascadero and the Atascadero Fire Fighters Bargaining
Unit have reach an agreement regarding said wages, benefits and other conditions of
employment for the term of Fiscal year 1997/98;
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby
approves the Memorandum of Understanding between the City and the Atascadero Fire
Fighters Bargaining Unit for Fiscal Year 1997/98 and authorizes the City Manager, as the
Employee Relations Officer, to enter into said agreement on behalf of the City.
On motion by Councilperson ,seconded by Councilperson ,the
foregoing resolution is hereby adopted in its entirety on the following roll-call vote:
AYES:
NOES`
ABSENT:
ADOPTED: CITY OF ATASCADERO, CA
By: HAROLD L. CARDEN, III, Mayor
ATTEST:
MARCIA M. TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
1)0000 !
FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ATASCADERO
AND
FIRE DEPARTMENT EMPLOYEES ASSOCIATION
ATASCADERO FIRE CAPTAINS BARGAINING UNIT
This Memorandum of Understanding is entered into between the Employee Relations
Officer of.the City of Atascadero, hereinafter referred to as "City", and the Fire Captains'
Bargaining Unit of the Fire Department Employees Association, hereinafter referred to as
"Unit", and made pursuant to California Government Code Sections 3500 et seq., City of
Atascadero Municipal Code, Title 1., Chapter 2, Section 2-2.01 through Section 2-2.13,
inclusive, and the City of Atascadero Resolution No. 12-80, dated July 14, 1980 and
subsequent amendme nts thereto.
The parties have met and conferred in good faith regarding employment terms and
conditions for members of the Unit as recognized by the City of Atascadero on April 13,
1981, and, having reached an agreement, as herein set forth, submit this memorandum to
the City Council 'with'a joint recommendation that the Council resolve to adopt the terms
and conditions and take such other additional actions as may be necessary to implement its
provisions.
Section 1.0 Purpose
It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to
promote and provide for continuity of operation in employment through harmonious
relations, cooperation and understanding between Management and employees covered
by the provisions of this MOU and to set forth the understanding reached between the
parties as a result of good faith negotiations on matters set forth herein.
Section 2.0 Full Understanding, Modifications and Waiver.
2.1 This MOU sets forth the full and entire understanding of the parties regarding the
matters set forth herein. Any other prior or existing understanding or agreement by
the parties, whether formal or informal, regarding any such matters, are hereby
suspended or terminated in their entirety, if in conflict with this Memorandum.
2.2 No agreement; alteration, understanding, variation, waive or modification of any of
the terms or provisions contained herein shall in any manner be binding upon the
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FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
parties hereto unless made and executed in writing by both parties hereto and, if
require, approved and implemented by the City Council.
2.3 The waiver of any breach, term or condition of this Agreement by either party shall
not constitute a precedent in the future enforcement of all its terms and provisions.
Section 3.0 Sick Leave.
3.1 Unit member shall earn and use sick leave subject to the provisions of Section 9.5 of
Resolution No. 12-80, dated July 14, 1980. Sick leave credit from either District or
City service may be used as available and needed subject to the City's Personnel
Rules and Regulations, except that any sick leave used shall first be deducted from
the credited amount carried over from District service until such credits are
exhausted. It is agreed that nothing herein shall be construed as providing any
vested right, monetary or otherwise, to any unused sick leave existing at time of
discharge or voluntary separation from City service, or at time of retirement in
accordance with the City's Public Employees Retirement System contract.
3.2 Sick Leave Incentive. To be eligible for this benefit an employee must:
a. Have accumulated 24 shifts (576.16 hours) of sick leave.
b. The sick leave pay-off will occur during the next 12-month period
(December 1 to November 30) after an employee has accumulated
and maintained 24 shifts on the books.
C. In the event an employee covered by this agreement donates up to
6 shifts of sick leave in any one year, to the Employee Sick Leave
Bank, it shall not count against the 24 shifts accumulation for
eligibility to receive the incentive pay-off for that year.
d. Once the eligibility requirements have been met, an employee may
opt to receive a pay-off equal to one-third (1/3) of the unused
annual allotment of sick leave. (The annual allotment is 144.04
hours.)
e. The time period for determining annual usage will be December 1
to November 30, each year. Checks will be prepared by December
15 of each year.
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FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
Section 4.0 Vacations
4.1 Vacation leave) shall be credited, computed and used as specified by Section 9.0,
Employee Benefits, of Resolution No. 12-80, dated July 14, 1980.
4.2 It is agreed and understood that the taking of vacation shall be as scheduled by the
Fire Chief subiect to the needs of the City.
Section 5.0 Salaries.
5.1 Movement between steps shall be at twelve month intervals and subject to
satisfactory performance.
5. 2 Total Compensation. The parties agree and acknowledge that salary, employer
paid retirement costs and employer contributions towards insurance(s) shall
constitute "total compensation" and will be the basis of comparison in future
negotiations.
5.3 The parties agree that future Cost of Living Allowances and health benefits for
bargaining units that negotiated for fiscal years 1997/98, shall be equal to all
other City employees. Unit employees shall receive any increases in benefits to
COLA, health ',benefits and leave accruals in an amount at least equal to that
which is received by other bargaining units for fiscal years 1997/98. The cost of
these additional benefits shall be calculated in a manner to provide accurate
comparison with the other bargaining unit.
Section 6.0 Medical and Dental Benefits
6.1 The City agrees to pay for all medical and dental monthly premium benefits for each
unit employee under the City sponsored medical and dental plans, based upon the
HMO plan premium costs.
6.2 Effective July,1997, the City agrees to pay$309.50 per month, per employee,
toward the monthly medical and dental insurance premium for all eligible employee
spouses, children or dependents as defined by the insurance agreements. Effective
November 1, 1'997, the City will contribute 50% of increased costs for dependent
health insurance premiums based upon the HMO plan premium costs.
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FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
6.3 For those employees with only one dependent or without dependents or who do not
choose to enroll their dependents in the City plan, the amount of the City
contribution towards dependent coverage not used, shall be paid to the employee as
an addition to his/her regular pay.
6.4 The City shall provide employee only vision care insurance at no cost to the
employee. Dependent coverage may be added at a cost to the employee, if
dependents are enrolled in medical/dental coverage.
6.5 Flexible Benefits Plan. The City shall develop and make available to employees
covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal
Revenue Code provisions, effective January, 1992. The plan will enable an
employee to, on a voluntary basis, cover additional out of pocket expenses for
insurances and dependent care through pretax payroll dollars.
6.6 The Health Insurance Committee, as sanctioned by the City council, shall have
representation from each recognized bargaining unit. For recommended changes
each recognized bargaining unit shall have authority to vote on a pro-rated basis,
provided all bargaining units agree with this methodology. Without unanimous
approval by all bargaining units, the formula shall remain one,vote per unit. Upon
approval by all units, the ratio shall be based on the number of unit employees
eligible for health benefits to the total number of City employees eligible for health
benefits. The Insurance Committee may, by a majority vote recommend changes,
for approval by the City Council in the level of service and service providers to the
City during the term of this agreement.
Section 7.0 Retirement
7.1 The City will continue to provide the 2% @ 50 formula (Section 21252.01 of the
Government Code) and, effective with this'agreement, the City will pay the employee
contribution of nine (9%) percent towards the PERS.
7.2 The City shall implement the Military Service Credit (Section 20930.3 of the
Government Code) provided there is no direct cost to the City.
7.3 Employees shall pay the increased monthly cost of Level Four(4) of the 1959
Survivor's Benefit.
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FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
Section 8.0 Paramedic Pay
8.1 The City shall pay three hundred fifty dollars ($350) per month to those employees
who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic
duties.
Section 9.0 Overtime.
9.1 City agrees to Ipay all Unit members overtime, upon certification by the Fire Chief
using authorized time card forms, for any overtime worked in excess of the
established 56',hour work week. (This is equivalent to 121.33 shifts per year.) Such
overtime shall be computed using the rate of time and one-half applied to the 56
hour work week hourly wage scale for the individual concerned.
9.2 Employees called back to work for hours not contiguous to a scheduled shift shall be
compensated a minimum of two hours of overtime for each call back period.
Section 10.0 Holiday'
10.1 Unit employees shall receive five and 6/10 (5.6) shifts time as Holiday time for the
term of the Agreement. Holiday time will be credited in accordance with procedures
established by the Director of Administrative Services and the City Manager.
10.2 Holiday time may be used as either paid time off or paid in cash at the option of the
employee with approval of the Fire Chief.
Section 11.0 Tenn Life Insurance.
11.1 City shall maintain a term life insurance policy for each unit member in a total
amount of Fifteen Thousand Dollars ($15,000.00) and shall pay all premiums for
such policy during the term of this agreement.
11.2 The City shall maintain a term life insurance policy for each dependent enrolled in
health coverage, in a total amount of One Thousand Dollars ($1,000.00) per
dependent and shall pay all premiums for such policy during the term of this
Agreement.
5
')00012
FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
Section 12.0 General Benefits.
It is agreed that compensatory time off (CTO), retirement and any other benefits and
conditions of employment shall be as specified by City Resolutions No. 12-80 and 52-82,
and Atascadero Municipal Code, Title 2, Chapter 2, inclusive.
Section 13.0 Probationary Period.
The probationary period for newly hired employees shall be eighteen months. The
probationary period for employees promoted to a higher classification shall be twelve
months in the new classification.
Section 14.0 Physical Fitness.
The parties agree to establish a committee consisting of an equal number of
representatives from the City and the Association for the purpose of developing a physical
fitness program that will be implemented in the Fire Department for all employees in the
unit. The committee will meet as needed to develop recommendations for the Fire Chief.
The physical fitness program will include the following elements: 1) Mandatory participation;
2) Established standards; 3) City provided physicals.
Section 15.0 Implementation.
15.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero
City Council. It is understood that this MOU shall not be binding upon the parties
either in whole or in part unless and until said City Council: (a) acts, by a majority
vote, formally to approve and adopt said MOU, (b) and acts in a timely manner to
appropriate the funds necessary to implement the provisions of this MOU which
requires funding.
15.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the
actions necessary for timely implementation of this MOU either party may request
the renewal of the meet and confer procedure.
Section 16.0 Provisions of Law.
16.1 This MOU is subject to all current applicable federal, state and local laws,
regulations and resolutions. All ordinances, rules and regulations enacted by the
City Council shall be subject to the appropriate revisions, amendments and
6
')00013
FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
deletions necessary to conform with the purpose, intent and application of the
provisions of this Agreement.
16.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable
provisions of federal, state or local laws or regulations, or is otherwise held to be
invalid or unenforceable by any tribunal of competent jurisdiction, such part shall be
suspended and superseded by such applicable law or regulations, .and the
remainder of this MOU shall not be affected.
Section 17.0 Applicability of Other MOU's, Rules and Regulations
MOU's, understandings or personnel policies, customs, practice and actions not specifically
included in Atascadero Municipal Code, Title 1, Chapter 2, inclusive, and associated rules
and regulations adopted by the City Council of the City of Atascadero, shall be superseded
by the provisions of his MOU.
Section 18.0 Management Rights.
The authority of the City includes, but is not limited to the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct
its employees; take disciplinary action for "just cause'; relieve its employees from duty
because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, manning and personnel by which
governmental operations are to be conducted; determine the content of job classifications;
take all necessary actions to carry out its mission in emergencies; exercise complete
control and discretion over its organizations and the technology of performing its work;
provided, however, that the exercise and retention of such rights does not preclude
employees or their representatives from consulting or raising grievances over the
consequences or impact that decisions on these matter may have on wage, hours and
other terms of employment.
Section 19.0 Peaceful Performance Clause.
19.1 The parties to,this Memorandum of Understanding recognize and acknowledge that
the services performed by the City employees covered by this Agreement are
essential to th01 public health, safety and general welfare of the residents of the City
of Atascadero.', Association agrees that under no circumstances will the Association
recommend, encourage, cause or permit its members to initiate, participate in, nor
will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-
7
1)00014
FIRE CAPTAINS
BARGAINING UNIT MOU
EXHIBIT"A"
RESOLUTION 109-97
out, slow-down or picketing (hereinafter collectively referred to as work-stoppage), in
any office or department of the city, nor to curtail any work or restrict any production,
or interfere with any operation of the City. In the event of any such work stoppage
by any members of the bargaining unit the City shall not be required to negotiate on
the merits of any dispute which may have given rise to such work stoppage until said
work stoppage has ceased.
19.2 Int e
h event of any work stoppage, during the term of this Memorandum of
Understanding, whether by the Association or by a Member of the bargaining unit,
the Association by its officers, shall immediately declare in writing and publicize that
such work is illegal and unauthorized, and further direct its members in writing to
cease the said conduct and resume work. Copies of such written notice shall be
served upon the City. If in the.event of any work stoppage the Association promptly
and in good faith performs the obligations of this paragraph, and providing the
Association has not otherwise authorized, permitted or encouraged such work
stoppage, the Association, shall not be liable for any damages caused by the
violation of this provision. However, the City shall have the right to discipline, to
include discharge, any employee who instigates, participates in, or gives leadership
to, any work stoppage activity herein prohibited, and the City shall also have the
right to seek full legal redress including damages, as against any such employee.
Section 20.0 Term of Agreement.
It is understood and agreed that the provisions of this MOU shall be effective as 0001 a.m.,
July 1, 1997, and shall remain in effect, unless modified by mutual agreement, until
midnight June 30, 1998.
Date:
Atascadero Fire Captains City of Atascadero
Bargaining Unit
8
')00015
Y OF.ATASCADERO SALARY SCHEDULE RESOLUTION 109-97
CTIVE 07/01/97;ADOPTED 10128/97 EXI-IIBTT`B"
Page 1 of 2
MONTHLY RATE
BAR JOB JOB FUNDED
UNIT CODE DESCRIPTION POS. A STEP B STEP C STEP D STEP E STEP
EX 1100 CITY MANAGER 1.00 6397.98 6717.88 7053.77 7406.46 7776.78
MG 2111 DIR OF FINANCE 0.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2112 DIR OF COMM DEV 1.00 5263.63 5526.81 5803.15 6093.31 6397.98
MG 2110 DIR OF COMM SERV 1.00 4383.84 4603.03 4833.18 5074.84 5328.58
MG 2114 FIRE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30
MG 2113 POLICE CHIEF 1.00 5016.26 5267.07 5530.43 5806.95 6097.30
MG 2115 DIR OF PUB WKS 0.00 5263.63 5526.81 5803.15 6093.31 6397.98
MM 3501 ACCOUNTANT 1.00 3010.06 3160.56 3318.59 3484.52 3658.75
MM 3160 ADMIN ANALYST/PW 0.00 2505.84 2631.13 2762.69 2900.82 3045.86
MM 3110 ASSISTANT PLANNER 1.00 2505.84 2631.13 2762.69 2900.82 3045.86
MM 3210 ASSOCIATE CIVIL ENGR 0.00 2912.51 3058.14 3211.04 3371.59 3540.17
MM 3111 ASSOCIATE PLANNER 1.00 2912.51 3058.14 3211.04 3371.59 3540.17
MM 2810 BATTALION CHIEF 0.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2780 CHF OF WASTEWATER OPERAT 1.00 3206.35 3366.67 3535.00 3711.75 3897.34
MM 2270 CITY PLANNER 1.00 3643.73 3825.92 4017.21 4218.07 4428.98
MM 2770 PARKS SUPERVISOR 1.00 2697.11 2831.97 2973.56 3122.24 3278.35
MM 3120 PLAN CHECK ENGR 1.00 3563.55 3741.73 3928.81 4125.25 4331.52
MM 2910 POLICE LIEUTENANT 2.00 3693.62 3878.30 4072.22 4275.83 4489.62
MM 2520 RECREATION SUPV 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
3312 SR BLDG INSPECTOR 1.00 3223.54 3384.72 3553.95 3731.65 3918.23
2260 SR CIVIL ENGINEER' 0.00 3413.84 3584.53 3763.76 3951.95 4149.54
MM 3112 SENIOR PLANNER 1.00 3199.61 3359.59 3527.57 3703.95 3889.15
MM 2760 STREET MAINT SUPV 1.00 2926.57 3072.90 3226.54 3387.87 3557.26
MM 2530 SUPERINTENDENT OF P&R 1.00 3010.06 3160.56 3318.59 3484.52 3658.75
MM 2970 SUPPORT SVCS MGR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
MM 2510 GENERAL CURATOR 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 3710 PERSONNEL ANALYST 1.00 2723.48 2859.65 3002.64 3152.77 3310.41
CE 4310 SECTY TO CITY MGR 1.00 2330.76 2447.30 2569.66 2698.15 2833.05
FC 2860 FIRE CAPTAIN 4.00 3189.99 3349.49 3516.96 3692.81 3877.45
FM 7511 FIRE ENGINEER 9.00 2832.58 2974.21 3122.92 3279.07 3443.02
FM 7510 FIRE FIGHTER 2.00 2575.02 2703.77 2838.96 2980.91 3129.95
GS 3310 BLDG INSP I 0.00 2282.16 2396.27 2516.08 2641.89 2773.98
GS 3311 BLDG INSP 11 0.00 2535.63 2662.41 2795.53 2935.31 3082.07
GS 6510 BLDG MAINT SPECIALIST 0.00 2206.66 2316.99 2432.84 2554.48 2682.21
GS 3320 ENGINEERING TECH 1 0.00 2075.51 2179.29 2288.25 2402.66 2522.80
GS 3321 ENGINEERING TECH II 0.00 2302.55 2417.68 2538.56 2665.49 2798.76
GS 6125 MAINT. LEADWORKER 2..00 2146.83 2254.17 2366.88 2485.22 2609.49
GS 6120 MAINT WORKER 1 4.00 1770.37 1858.89 1951.83 2049.42 2151.90
GS 6121 MAINT WORKER 11 7.00 1951.75 2049.34 2151.80 2259.39 2372.36
GS 6130 EQUIPMENT OPR 0.00 2049.29 2151.75 2259.34 2372.31 2490.92
GS 3330 PLANNING TECHNICIAN 0.00 2075.51 2179.29 2288.25 2402.66 2522.80
GS 6311 WWTP OPERATOR I', 2.00 2173.53 2282.21 2396.32 2516.13 2641.94
GS 6312 WWTP OPERATOR II 1.00 2414.94 2535.69 2662.47 2795.59 2935.37
GS 6313 WWTP OPERATOR 111 1.00 2704.88 2840.12 2982.13 3131.24 3287.80
6310 WWTP OPR-IN-TRNG 0.00 1956.28 2054.09 2156.80 2264.64 2377.87
4110 ACCOUNT CLERK 1 1.00 1697.83 1782.72 1871.86 1965.45 2063.72
CU 4111 ACCOUNT CLERK II 2.00 1871.76 1965.35 2063.62 2166.80 2275.14
900016
RESOLUTION 109-97
EXITBTT`B"
Page 2 of 2
CU 4311 ADMIN SECRETARY 3.00 1965.61 2063.89 2167.09 2275.44 2389.21
CU 4710 BUILDING TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4113 FINANCE TECHNICIAN 0.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4115 WASTEWATER TECHNICIAN 1.00 2059.31 2162.28 2270.39 2383.91 2503.10
CU 4312 SECTY TO CITY COUNCIL 1.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4711 STAFF ASSISTANT 0.00 2113.03 2218.68 2329.62 2446.10 2568.40
CU 4510 OFFICE ASS'T I 2.35 1540.07 1617.07 1697.93 1782.82 1871.96
CU 4511 OFFICE ASST II 0.00 1697.83 1782.72 1871.86 1965.45 2063.72
CU 4512 OFFICE ASST III 0.00 1871.76 1965.35 2063.62 2166.80 2275.14
CU 4310 SECRETARY 0.00 1769.15 1857.61 1950.49 2048.01 2150.41
AS 2960 POLICE SERGEANT 5.00 3236.84 3398.68 3568.62 3747.05 3934.40
PD 7111 POLICE OFFICER 21.00 2691.20 2825.76 2967.05 3115.40 3271.17
SA 7312 SUPPORT SVCS LEAD TECH 1.00 2393.71 2513.40 2639.07 2771.02 2909.57
SA 7311 SUPPORT SVCS TECH 7.00 2193.60 2303.28 2418.44 2539.37 2666.33
TOTAL FUNDED 100.35
70001"7
r
Ir
w
ITEM NUMBER: A - 5
G DATE: 12/09/97
n
Isis 19 9
CAD��
E
CityMana'ger's Agenda Report
Wade G.McKinney
Acceptance Final Tract Map (Tract 2233) -- 10780 El Camino Real
RECOMMENDATION:
Council accept the Fital Map for approved Tentative Tract Map#96009 (Tract 2233).
DISCUSSION:
Tentative Tract Map#96009 was approved by the City Council following a Public Hearing held
on September 24, 1996. Also approved at that time was a Zone Change,allowing for the
creation of a Planned Development Overlay Zone (and thus the creation of parcels of less than
one-half acre).
Now,prior to the expiration date for the approved Tentative Map, all Conditions of Approval
imposed by the Council have been satisfied and the Final Map has been signed by the City
Engineer. The Final Map,hereinafter referred to as Tract 2233, is therefore ready to record.
FISCAL IMPAC
Final Map acceptance would finalize the subdivision of the subject 3.61-acre site into twenty-
four(24)parcels for Ingle-family residential use in accordance with an approved MasterPlan of
Development. Fiscal limpacts on the City would be typical of a residential development served
by all available public services, including sewer.
RESPONSIBLE DEPARTMENT: 'Community Development Department
4
ATTACHMENT§: Attachment A--Approved Tentative Map
00
-)00018
�}
JATACHMENT A
. .. CITY ATA
OF SCADEROPROVED TENTATIVE MAP
��r■ �.�a — t»��—fM #96009/TRACT 2233
COMMUNITY DEVELOPMEN
DEPARTMENT
1,9k ,4r/VE MAO— TRACT ZZ33, A 01,4AX40 DEVE60,0ME,VT (PO.7)
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')000 19
t ITEM NUMBER: C — 1
4 DATE: 12/09/97
■ ■i nn
iais n i e
Cant
City Manager's Agenda Report
Wade G. McKinney
f
1996 and 1997 Audit Reports
RECOMMENDATION:
Staff recommends th4t Council review and accept the audit reports for the fiscal years ended June
30, 1996 and June 30 1997.
G
DISCUSSION:
The firm of Moss, LIvy and Hartzheim performed the audits for the fourth and fifth consecutive
years. A representatiive of the firm will be at the Council meeting to present the audits.
4
f
Although the Auditof's Report continues to be qualified due to a lack of records on the historical
cost of fixed assets, �he reports for both 1996 and 1997 no longer contain the "Going Concern"
qualification. r
GENERAL FUND
Over the last two years, the City has increased the Unreserved General Fund Balance by
$1,332,606 leaving a balance at June 30, 1997 of $577,246. This represents a reserve of
approximately 8.10Xof annual expenditures and other outgo. (On July 1, 1997, the City
combined the Lake > avilion Fund, the Zoo Fund and the General Fund. This leaves the City
with a beginning Undeserved General Fund Balance of$553,993 which represents approximately
7.5%of the combine4 fund's annual expenditures and operations.)
A comparison of Ge*eral Fund activity for the past three fiscal years is included on pages 4 & 5
of this report. Gene>al Fund Revenues and Other Sources have increased by $522,903 or 7.1%
over the last two years. General Fund Expenses and Other Outgo have decreased by$158,747 or
2.2%over the same period.
WASTEWATER LOAN
The General Fund hays paid a total of$400,000 in principal back to the Wastewater Fund over the
past two years. Thi4[ leaves a remaining interfund loan balance of$539,283. The General Fund
paid a total of$ 37,210 in interest to the Wastewater Fund in fiscal year 96-97.
CASH
At June 30, 1997, thCity had total cash and investments of$7,329,873. The General Fund had
cash and investmentof$1,017,343 on this date.
Page 1 of 5
i `)0oo to
ITEM NUMBER: C - 1
DATE: 12/09/97
ACCRUED VACATION AND SICK LEAVE
The City's total accrued vacation and sick leave liability at June 30, 1997 was $682,683. This is
an increase in this liability of$82,953 from June 30,1995:
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS:
Reconciliation of the Unreserved General Fund Balance
General Fund-Three Year summary Comparison
Financial Statements for the Year Ended June 30, 1996
Financial Statements for the Year Ended June 30, 1997_
Page 2 of 5
1000`.'1►
CITY OF ATASCADERO
RECONCIIIATION OF UNRESERVED GENERAL FUND BALANCE
For the Two Year Period Ended June 30, 1997
Increase/(Decrease) in Unreserved General Fund Balance:
Net Income:
June 30, 1996 $ 278,684
June 30, 1997 676,340
$ 955,024
Prior Year Adjustments 202,600
Changes in Reserves:
Decrease in Reserve for Due from Orange County 32,292
Decrease in Reserve for Due from Other Funds 142,690
174,982
Total Increase In Unreserved Fund Balance 1,332,606
Unreserved General Fund Balance at July 1, 1995 (755,360)
Unreserved General Fund Balance at June 30, 1997 $ 577,246
Page 3 of 5
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ITEM NUMBER:- C -2
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DATE: 12/09/97
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City Mana er's Agenda Report
Wade G. McKinney
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PIABLO CANYON USE TAX SHARING
RECOMMENDATION:
Authorize the City Manager to sign a memorandum of agreement with the County regarding
Diablo Canyon use taN sharing.
DISCUSSION:
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Background: As the Council is aware, we are no longer receiving an apportionment of use taxes
(similar in concept to 'ales taxes)resulting from refueling operations at the Diablo Canyon
power plant. In respor Ise to a request from the California Manufacturer's Association,the State
Board of Equalization recently changed their apportionment methodology to require that the use
tax on individual trans Eictions exceeding$500,000 be allocated to the jurisdiction where the
merchandise is first pliced in service, rather than apportioned through the County pool as it was
previously.
This change in methodology was intended to improve the fiscal benefits of attracting and
retaining manufacturing operations; it was not intended to change the apportionment of use tax
from nuclear power pl4nt operations which only affects San Luis Obispo County.
Our June 1997 sales ta�allocation from the State reflected this change. This means that 100% of
the use tax revenues f-om Diablo Canyon now go to the County rather than the 16% share they
have received in the 'past. While annual revenues from Diablo Canyon refueling activities
fluctuate wildly based on PG&E's schedule (they refuel each of the two reactors about every 14
to 18 months), on an annualized basis this means about $458,000 in revenues will be shifted
from cities to the Coity each year. For the City of Atascadero, the average annual impact
(based on revenues for the last four years)is about$58,000.
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In summary, the unintIended consequence of this effort to more accurately reflect tax revenues
from manufacturing s6urces — an approach most cities in the State would generally support in
concept—will have si�nificarit adverse consequences for all of the cities in the County due to our
unique situation.
Efforts to Mitigate t 's Impact: The cities in the County have been working together in
identifying strategies to mitigate the impacts of this change in apportionment methodology.
After reviewing this issue with our sales tax advisor(Hinderliter deLamas &Associates),the city
')0002-c;
ITEM NUMBER: C-2
DATE: 12/09/97
managers and finance directors from the cities in the County met on September 10, 1997 to
discuss the reasonable options and strategies available to us. There was general consensus that
regardless of the strategy selected, we would be more successful working cooperatively together
than independently.
The key options which emerged from this meeting were:
■ Work with the County on some form of revenue sharing agreement.
■ Approach the State Board of Equalization for an exception to the new procedures for
nuclear power transactions (this is the only facility in the State that would be affected by
this type of exception).
0 In the event that these efforts were not successful,possibly pursue State legislation.
On September 24, 1997, the city managers met with the Interim County Administrator to discuss
a number of issues, including this one. While acknowledging the unintended consequences of
this change, and expressing an understanding of the adverse consequences to cities resulting from
it, he made no commitments; however, he agreed to consider this issue further, and provide the
cities with a response.
He also underscored the very difficult situation that the County will be facing as a result of
electrical power restructuring, and the related impacts of accelerated depreciation of the Diablo
Canyon power plant on the County's property tax revenues. Currently,the County receives about
$7 million annually in property tax revenues from Diablo Canyon; all of this revenue is
potentially at-risk as a result of electrical restructuring.
The County's Proposal: Provided in Attachment A is the County's proposal which they
presented to the cities on November 5, 1997, summarized as follows:
■ In fiscal year 1997-98, the County will reimburse to the cities 100% of the amount they
would have received in 1996-97 from use tax revenues prior to this change in
apportionment methodology by the State Board of Equalization.
■ In fiscal year 1998-99, the County will reimburse to the cities 50% of the amount they
would have received in 1997-98 from use tax revenues prior to this change.
■ Beginning in fiscal year 1999-00 and thereafter, the County will retain all revenues
resulting from this change, and no further reimbursements of this type will be made by
the County to the cities.
■ The cities will not request that the State Board of Equalization modify their revised
guidelines regarding the apportionment of individual use tax transactions exceeding
$500,000.
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ITEM NUMBER: C -2
DATE: 12/09/97
• ■ The cities will support the County's efforts in regards to Diablo pp ty g b o Canyon power plant
accelerated depreciation concerns.
■ Their proposal!is conditioned upon all of the seven cities in the county agreeing with it.
In considering our reasonable options and their likelihood of success, we believe this is a
reasonable proposal, as does the City of San Luis Obispo.
The draft memorandum of agreement implementing this proposal is provided in Attachment B.
While some changes may be made to this in its final for to accommodate concerns that other
cities may have,we do not believe that these will be substantive.
FISCAL IMPACT:
As noted above, this change in apportionment methodology will result in a loss to the City of
about $58,000 per year on an annualized basis. While it is difficult to project the revenue the
City will receive from the proposed agreement due the historic volatility of Diablo Canyon use
tax revenues, we estimate that this will result in about $20,000 in revenue to the City in 1997-98,
and about $40,000 in 1998-99. There will be no further revenue sharing by the County with the
City after 1998-99.
ALTERNATIVES:
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While we could approach the State Board of Equalization for an exception, and pursue State
legislation if this is not successful, the possibility of success is uncertain at best. Obviously, if
we were successful in this effort, this would be far more fiscally desirable than the proposed
agreement. However, given the likelihood of success, we believe that the proposed agreement is
a reasonable resolution of this issue.
ATTACHMENTS:
A. County''proposal for Diablo Canyon use tax sharing
B. Draft memorandum of agreement for Diablo Canyon use tax sharing
ITEM NUMBER: C -2
DATE: 12/09/97
Draft Memorandum of Agreement
DIABLO CANYON USE TAX SHARING
MEN= MENIMM
WHEREAS, until 1997 use taxes resulting from refueling operations at the Diablo
Canyon power plant were allocated to all San Luis Obispo County cities and the County on pool
versus situs basis; and
WHEREAS, in response to a request from the California Manufacturer's Association, the
State Board of Equalization has changed their apportionment methodology to require that the use
tax on individual transactions exceeding $500,000 be allocated to the jurisdiction where the
merchandise is first placed in service rather than through the County pool; and
WHEREAS, this change in methodology: was intended to improve the fiscal benefits of
attracting and retaining manufacturing operations; is consistent with general sales tax policy in
the State of California of allocating local sales and use tax revenues on a situs rather than pool
basis whenever feasible; but was not intended to change the apportionment of use taxes,from
nuclear power plant operations; and
WHEREAS, this change in methodology will result in an unintended shift of about
$450,000 per year in use tax revenues on annualized basis from the cities in San Luis Obispo
County to the County; and
WHEREAS, this change in apportionment methodology will adversely affect the fiscal
health of the cities in the County.
NOW THEREFORE, the City of Atascadero(City) and the County of San Luis Obispo
(County) agree as follows:
1. Reimbursements to the City: 1997-98. In fiscal year 1997-98, the County will
reimburse to the City 100% of the amount the City would have received in 1996-97 from use tax
revenues prior to this change in apportionment methodology by the State Board of Equalization.
This payment will be made by the County by March 1, 1998.
2. Reimbursements to the City: 1998-99. In fiscal year 1998-99, the County will
reimburse to the City 50% of the amount the City would have received in 1997-98 from use tax
revenues prior to this change in apportionment methodology by the State Board of Equalization.
This payment will be made by the County by December 1, 1998.
3. Reimbursements After 1999-98. Beginning in fiscal year 1999-00 and
thereafter, the County will retain all revenues resulting from this change in apportionment
methodology by the State Board of Equalization, and no further reimbursements of this type will
be made by the County to the City. .
4. Determination of Reimbursement Amounts. Reimbursement amounts will be
determined by Hinder deLamas&Associates. In the event that this firm is no longer in operation
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ITEM NUMBER: C -2
DATE: 12/09/97
at the time that this determination will be made for 1998-99, the City and the County will agree
upon an alternative apportionment methodology.
5. No City Request for Methodology Changes. The City will not request that the
State Board of Equalization modify their revised guidelines regarding the apportionment of
individual use tax transactions exceeding $500,000.
6. City Support Regarding Diablo Canyon Depreciation. The City will support
the County's efforts in regards to Diablo Canyon power plant accelerated depreciation concerns.
Such support is limited to actions such as letters, resolutions and local presentations by City
officials; it does not include any direct financial support, or participation in administrative
actions or litigation.
7. Amendments. Any amendment, modification, or variation from the terms of this
memorandum of agreement (MOA) shall be in writing and shall be effective only upon approval
by the City Council of:the City and the Board of Supervisors of the County.
8. Complete Agreement. This written MOA constitutes the complete agreement
between the parties hereto regarding the sharing of use tax revenues from the Diablo Canyon
power plant. No oral agreement, understanding, or representation not reduced to writing and
. specifically incorporated in this MOA shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
9. Notice.] All written notices to the parties hereto shall be sent by United States
mail,postage prepaid by registered or certified mail addressed as follows:
City City Manager
City of Atascadero
6500 Palma Avenue Street
Atascadero, CA 93422
County County Administrator
County of San Luis Obispo
County Government Center
San Luis Obispo, CA 93401
10. Authority to Execute Agreement. Both the City and the County do covenant
that each individual executing this MOA on behalf of each party is a person duly authorized and
empowered to do so.
COUNTY OF SAN LUIS OBISPO: CITY OF ATASCADERO:
By: By:
County Administrator Date City Manager Date
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ITEM NUMBER: C - 3
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DATE: 12/9/97
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City Man er's Agenda Report
Wade G. McKikney
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Information Bulletin
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A. Hi hwa 41/1 1 Interchange. City Staff met with CalTrans and SLOCOG in an effort to
include the in erchange project in the 1998 State Transportation Improvement Plan
(STIP). Call ans believes the project would not be competitive on a statewide basis and
recommends#be included as h regional project, SLOCOG staff agree. The project study
report for the interchange needs to be updated prior to January 1, 1998 to be considered.
CalTrans has Laid they are unable to update the report in time to include it in the
upcoming review. If the project is included in the 199$ STIP construction could be
expected to b4gin within the 2003-2005 time frame. If the project is not included in the
1998 STIP,th�next opportunity is 2000 with expected construction 2005-2007.
CalTrans is anticipating the Highway 41 project to start construction summer of 1998.
There will be some limited improvement to the interchange with that project. In an effort
to keep the ini erchange project on track City Staff and the City Engineer are updating the
project study report that will be submitted to CalTrans. The update will cost
approximatel} $6,000.
B. Employee Update:
Vitale, Eric F/Time Police Officer Hired, 12/01/97
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