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HomeMy WebLinkAboutAgenda Packet 01/12/1999 *PUBLIC REVIEW COPY Please do not remove O O fT WZ AGENDA ATASCADERO CITY COUNCIL MEETING TUESDAY,JANUARY 12, 1999 Ala cadero Unified choo is ric �3 z k KentiethBe BUild�n a a ANN�1,11 N -110 Me WI r � ,, Y II2M t 60 � ry ' Atascadera California PLANNINGCOMAIISSION INTERVIEWS, 5:15 P.M. 1 Intervi ew candidates 2. Select by ballot,three citizens for the Planning Commission. REGULAR SESSION, 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Johnson ROLL CALL: Mayor Johnson Mayor Pro Tem Arrambide Council Member Clay Council Member Lerno Council Member Luna APPROVAL OF A ENDA: Roll Call COMMUNITY FORUM: (This portion of the n teeting 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 tate your name and address for the record before making your presentation. The C uncil may take action to direct the staff to place a matter of business on a future agenda.) 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 betaken unless an item is identified on the Agenda.) A. CONSENT CALENDAR: Roll Call (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes;to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken) 1. City Council Minutes—November 24, 1998 - (City Clerk recommendation: Approve) [Marcia McClure Torgerson] 2. City Council Minutes—December 8, 1998 -(City Clerk recommendation: Approve) [Marcia McClure Torgerson] 3. September 1998 Accounts Payable& Payroll-Fiscal Impact: $1,045,125.17 (Staff recommendation: Review and approve) 4. October 1998 Accounts Payable& Payroll—Fiscal Impact: $1,026,507.82 Sta recommendation: Review and approve) ( ,� Pp ) 5. Establishment of 2-Hour Parking Zone on a 'portion of Traffic Way-Fiscal Impact: $400 (Traffic Committee recommendation: Council adopt Resolution No. 1999-005 designating a portion of Traffic Way as a 2-hour Parking Zone) [Brady Cherry] 6. Authorization to Purchase Transit Vehicle—From State Department of General Services -Fiscal Impact: $45,879.00 (80%will be funded through an Urban Mass Transit Assistance Grant and 20%through the local Transportation Development Act funds) (Staff recommendation: Council adopt Resolution No. 1999-009, authorizing the State Department of General Services to purchase a 22 passenger accessible bus for the City of Atascadero) [Brady Cherry] 7. Unreinforced Masonry Building Ordinance-Amendment of Time Limits for Compliance -Fiscal Impact: None (Staff recommendation: Council adopt Ordinance No. 356 on second reading by title only, extending the time limits for compliance with the Unreinforced Masonry Building regulations) [Paul Saldana] 8. Acceptance of Final Parcel Map#98011 —Divide two (2)existing lots into a total of three (3) new parcels (11750 San Marcos Road/Lindsey) - Fiscal Impact:None(Staff recommendation: Council accept the Final Map) [Paul SaldahaJ 2 B. PUBLICHE RINGS: 1. Conditional U se Permit#98013 13000 Atascadero Road/Gearhart—Appeal of Planning Commission ecision—Fiscal Impact: Negligible (Staff recommendation: Council adopt Resolut'on No. 1999-008, approving the appeal and Conditional Use Permit #98013 subject to certain conditions. C. MANAGEMENT REPORTS: 1. 1998 Audit R ort-(Staffrecommendation: Council review and accept the audit report for the fiscal ear ended June 30, 1998) [Rachelle Rickard] 2. Purchase of F nancial System and Parcel Management Software Fiscal Impact: $260,145.00Staff recommendation: Council adopt Resolution No. 1999-010 authorizing d,e City Manager to negotiate and the Mayor to execute a contract with Eden Systems for F nancial Systems and Parcel management/Permitting software) [Rochelle Rickard] 3. Plannin Con imission Questionnaires—(Staff recommendation Review questionnaires and take action as appropriate) [Wade McKinney] 4. Fire De artm nt Fee Schedule-Fiscal Impact:None (Staff recommendation: Council rescind Resol tion No. 84-92, amend Resolution No. 90-92, Section 6.2 and update the Fire Departmentfee Schedule by adopting Resolution No. 1999-006) [Mike McCain] 5. Information Bulletin D. COMMITTE E REPORTS (The followi g represent standing committees. Informative status reports will be given, as felt necessary): 1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. Finance Com nittee 3. Water Comm ttees A. SLO County Flood Control& Water Conservation District Water Resources Advis ry Committee B. Naci iento Water Purveyors' Contract Technical Advisory Committee C. North County Water Task Force 4. Integrated Waste Management Authority 5. North Count Council 6. Air Pollution Control District 7. County May is Round Table 8. Economic Vi mlity Corporation,Board of Directors 9.' City/ School Committee 3 E. INDIVIDUAL DETERMINATION AND/OR ACTION: I 1. City Council 2. City Attorney 3. City Clerk 4., ' City Treasurer F. ADJOURNMENT: THE COUNCIL WILL ADJOURN TO THE REDEVELOPMENT AGENCY MEETING " IMMEDIATELY FOLLOWING THIS MEETING. CLOSED SESSION: 1') Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: Mr. &Mrs. Hensley, 9085 Morro Road 2) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator City Manager Wade McKinney Property: 6500 Palma Ave. 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. 4 City ofAtascadero WEL COME TO THEATASCADERO-CITY COUNCIL MEETING GENERAL INFORMATION The City Council meet in regular session on the second and fourth Tuesday of each`month at 7:00 p.m., in the Council Chamber of City Hall. Matters are considered by the Council in the order.of the printed Agenda. Copies of the staff rep s or other documentation relating to each item of business referred to on the Agenda are on file in tf e office of the City Clerk(Room 208), and in the Information Office(Room 103), available for public inspection during City Hall business hours. An agenda packet is also available for public review at the At iscadero Library,6850 Morro Road: In compliance with the Americans with Disabilities Act,if you need special assistance to participate in a City meeting or other services offered by this City,please contact the City Manager's Office,(805) 461-5010,or the CityClerk's Office,(805)461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide acc ssibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audien a may speak on any item on the agenda. The Mayor will identify the subject, staff will give their rep rt,and the Council will ask questions of staff. The Mayor will announce when the public comment pe iod is open and will request anyone interested to address the Council regarding the matter being consi red to step up to the podium. If you wish to speak for,against or comment in any way: • You must,pproach the,podium`and be recognized by the Mayor + Give your name and address • Make your statement • All comments should be made to the Mayor and Council • All comments 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,at d no one may speak more than twice on any item. The Mayor will annout ice when the public comment period is closed,and thereafter,no further public comments will be hear I by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item,"COMMUNITY FORUM",the Mayor will call for anyone from the audience having business with the Council to: • Please app oach the podium and be recognized • Give your riame and address • State the n iture of your business This is the time items not on the Agenda may be:brought to the Council's attention. A maximum of 30 minutes will be allowe J for Community Forum(unless changed by the Council). TO HAVE ITEMS PLACED ON AGENDA All business matters to appear on the Agenda must be in the Office of the City Manager ten days preceding the Council meeting. 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. I DATE: 01/12/99 an aim n 1918 ® 1979 ,A�SrAn�1,% City Clerks Agenda Report Marcia M. Torgerson Planning Commission Interviews RECOMMENDATION: City Clerk recommends the following: 1) Interview(8)candidates. 2) Select,by ballot,three citizens for the Planning Commission. DISCUSSION: Background: MikeArrambide was elected to the City Council on November 3, 1998 leaving a vacancy on the Planning Commission. His term on the Planning Commission expires in February 2001. Also Michael Sauter's and Royce Eddings' terms expire in February 1999. Summary: The City Jerk has solicited applications from the members of the public pursuant to State Law. Eight applications were received for the three vacancies and interview times have been established for each candidate. One of the Applicants has been previously interviewed by the Council; William Bight. Royce Eddings has re-applied for his position on the Planning Commission. It has been verified by the City Clerk's office that all of the applicants are residents and registered voters in the City of Atascadero. ATTACHMENT3: Interview Schedule 8 Applications 000001 INTERVIEW SCHEDULE - PLANNING COMMISSION Tuesday, January 12, 1999— 5:15 p.m. Club Room 5:15 David P. Bentz 5:25 Susan Jones 5:35 Ted Jacobson 5:45 Harold Lee "Hal" Carden, III 5:55 William Bright 6:05 Kimberly A. Jeanes 6:15 John J. McGoff 6:25 Royce Dean Eddings 6:35 COUNCIL VOTES 000002 p � C� fldC� I Please return to: •'— `�to U` - 7 1998 k CITY CLERKla carr: 6500 Palma Avenue �{"•�• �a Room 208 f sola':R is a 7s e�Y Atascadero, CA 93422 S �" CITY OF ATASCADERO 5 CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: David P. Bentz RESIDENTIAL ADDRESS: 10275 San Marcos Rd. Atascadero Ca. 93422 Home Phone: 805/466-1288 MAILING ADDRESS (if different): Work Phone: Are you a resident of the City of Atascadero? Yes How Long? 13 1/2--months Are you a registeredvoter? YesXX No_ Social Security No.548-48-8639 OCCUPATION: Retired/Consultant EMPLOYMENT: Present or last employer's name, address and phone number: Princi al - Revenue Allocation Management, 10275 San Marcos Rd. Atascadero. City of Hesperia, Ca. Interim City Manager July 97 thru Jan. 1998. City of O tario Ca.: Chief Financial Officer, retired from this City. Position held and length of employment: CEO, Revenue Allocation Management, 35 years of municipal work for various cities in California (Ontario. 9 years, Monterey Park 22 years, EDUCATION: San Jan Capistrano 2 1/2 years, Hesperia 6 months. AA Chaffey Jr. College, Rancho Cucamonga Ca. and 35 years experience in various Cities in California. Have been involved with Redevelopment Agency activities sinrp 1972- RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: Professional Designation in Purchasing Management from UCLA. This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 000003 Board, Committee & Commission Application Page 1 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: Scoutmaster of Troop 155 in Atascadero. Attend the Atascadero Church of the Nazarene. OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING_ ON: How did you learn about this vacancy? Newspaper Article XX Newspaper AdXX Community Group Word of Mouth Library City Hall XX Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date. �1La • December 7 1998 Board, Committee & Commission Application 000004 Page 2 CITY OF ATASCADERO • SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please expla-in why you would like to serve on the Planning Commission. I believe that my background and experience can make a difference in the quality of the decisions that will be made by the Planning Commission in the comming months. 2. Have you ever attended a meeting of the Planning Commission? XX Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? 35 years of hands on experience dealing with development issues that improve the quality,of life for residents of the community. A. In your view, what is the function of the Planning Commission? The duties of the Planning Commission are spelled out in the Government Code Section 65103 and Chapter 9 of the Atascadero Municipal Code. Some of these duties are to repare, periodically review, and revise as.:necessary, the General Plan. Implement the general pan through actions including, but not limita to, the administration of specific plans and zoning and subdivision ordinances and t do not conflic with State or Federal laws. 5. How would you see your role as a member of the Planning Commission? I wo Id strive to build consensuson the Planning Commission. Debate is healthy and conflict p 'operly handled will breed resolution. I would endeavor to promote public interest in, comment on, and understanding of the general plan, and ®®®S r Supplemental Application Planning Commission Page 20 - 6. What are the current issues facing the Planning Commission? The Planning Commission is currently dealing with the problems associated with no-growth'-vs pro-growth issuesthe ommuni�y. e Community has experienced what some residents believe is 4-growth while other residents believe the City has A pro=grnwth "apprar�h h the City T believe the Cityy. hby accident than by design. 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. I believe that the general plan contains a lot of good decisions regarding the expected growth of the Community. The General Plan is a living document an being such it is expected to change by ammendments to the General Plan. Growth in spite of it-,Plf chniild he frowned upon and manag?rl�Wth chmild takp itc nlarp_ 8. If appointed, what specific goals would you like to see the Planning Commission achieve? To administer the general plan in accordance with state; federal law and local addopted ordinances. Consult and advise with -public officials and agencies, public utility companies, civic, educational , professional , and other organizations, an 9. If there is additional information you would like to share about yourself, please use the following space provided (optional). I chose to bring my family to Atascadero. I have three children in elementary school and I believe that I can make a ditterence in Atascadero if I am given the opportunity to,serve. I hereby certify that the foregoing information is true and correct. 000006 Signature: Date: December 7, 1998`' Please return to: 1998 CITY CLERK : ��� 25 6500 Palma Avenue Aa'. '' Room 208 �<., �: Atascadero,CA 93422 - CITY OF ATASCADERO CITY CLERK'S OFFICE .CITY OF.ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be.registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: U,P,o �1 Q N I✓S RESIDENTIAL ADDRESS: `3 13 .SP��A �(Z0PVD ZD. AT�r5C�4lOL�0 Home Phone: L-Iblo - 1031 t MAILING ADDRESS (if different): LS'i m--eI Work Phone: t4(0('2 Ar'e you a resident of the City of Atascadero? l�P� How Long? 5 �eLI�S Are you a registered voter? YesX No— Social Security No:'5q I- q`6- 5-1UI OCCUPATION: \f i(',P e p-es-%Dpls-Z_ EMPLOYMENT: Present or last employer's name, address and phone number: (02 S5 L, ec o IZEI�Lt .�t)i 2Ob q to to - S i o Position held and length. hof employment: A 1, ,, VL�E t -E%Slh�lvr l( 1' LOP1'V1�1� '- C.H/�Q1C)MF-a skme.r- 3N9 e EDUCATION: .��A �IE,SA�5C�o0I - I��AIoMFI - J 'M"0 E 3AM �i'L�kIV Ci S Cb STATS t��t�t72S�-I t� RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 00000'7 Board, Committee & Commission Application INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: -1- In 60F h Iva 5T2Q- PAA-JEST - a��T�Ems �;NCS Ono . O . fit 7T-W VW15W-De-13-r G o l vlq s k<AIs Lboms kgc s -9 a, -Vn-e� -DW P V-TIENT 01� Sec►A �cC�S Lrn^ ALT�U E 11-� M� Ckwmk Seizui C� ©til -Me UO R t�OF ( llS' -S a� VO)0k3TJ12 C06eA) AA-1D2 . 'Ft.*- �/LE�-ILJ 5EI :QFO ©N -CNS c�ZO °�V "Ov it t�Sf�G _ brnwti55inaV., OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING; ON: 1�tt7N� _ How did you learn about this vacancy? Newspaper Article Newspaper Ad Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I herebycertify, under enalt of perjury, that the information on this application and attached Y, penalty supplement are true and correct. Signature: Date: I L 000008 Board, Committee & Commission Application' Page 2 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission.' 2. Have you ev r attended a meeting of the Planning Commission? —Yes No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertisa would you bring to the Planning Commission? 4. In your view, what is the function of the Planning Commission? 5. How would you see your role as a member of the Planning Commission? 000009 Supplemental Application — Planning pplication .Planning Commission Page 2. 6. What are the current issues facing the Planning Commission? . 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. 8. 'If appointed, what specific goals would you like to see the Planning Commission achieve? 9. If there is additional information,you would like to share about yourself, please. use ,the following space provided (optional). hereby certify that the foregoing information is true and correct. 000010 Signature: Dater CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE 1. Please explain why you would like to.serve on the Planning Commission. I feel very fortunate to be able to live and work in Atascadero. Serving on the.Planning Commission would be an excellent way for me to use my experience and skills to contribute to my community. 2. Have you ever attended a meeting of the Planning Commission? YES 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? I see the Planni g Commission as representing the citizens of our community in making decisions that a ect their quality of life. There is not an issue put before the Commission that doesn't affe t someone in our community in a positive or negative way. In my 10 years working for a home building company,I have worked closely with city and county staffs in commu ities throughout the Central California. I understand the complexities of balancing economic vitality and growth with maintaining the character and appeal of a community. Prir to joining Midland Pacific I spent 15 years in retail management in companies such as Marshall's and Neiman Marcus. I understand what it takes to create good public relations, a quality that I think would be a benefit to the Planning Commission. 4. In your view,what is the function of the Planning Commission? To interpret and help implement, through the decision making,process the city's goals and visions as o itlined in the General Plan. 5. How would'you see your role as a member of the Planning Commission? I am solution and results oriented. I believe in finding consensus when possible. I am a good listener and I put a lot of thought into all my endeavors. I have never been afraid to ask questions in order to be sure.I am fully educated on a subject. I believe I would be viewed as an informed, straightforward commissioner. 6. What are th current issues facing the Planning Commission? Redevelopment Agency,Downtown Revitalization,Dove Creek to name a few. While land useseems to be the big political issue, I think the economic vitality of Atascadero is more critical. The Dove Creek project is an important issue that has the potential to bring much needed tax dollars to our community. The creation of a Redevelopment Agency and the revitalization of our downtown are key issues that deserve careful thought and attention. 000011 7. Are you familiar with the City's General Plan, and if so,describe briefly your views about the document. The General Plan is considered a blueprint for Atascadero. I believe it is a living document and not cast in stone. It is a document that,by design is open to interpretation and at times revision,thus the reason for a Planning Commission. The key is to interpret it with the current needs of the community in mind. EG Lewis had a vision for Atascadero which is admirable,however the reality of life in not only Atascadero,but also the State and the Country is certainly different than it was in his day. Every community needs to be able to respond to its current needs if it is to remain viable. 8. If appointed,what specific goals wouldyou like to see the Planning Commission achieve? I would like to see: • The Redevelopment Agency become established. • The Dove Creek project become a reality. • The Downtown attain an identity and become a destination for our residents as well as tourists. • Well planned, attractive new neighborhoods. • More places for kids to spend time in positive ways. • Our existing neighborhoods work together and cleanup areas of blight. 9. If there is additional information you would like to share about yourself,please use the following space provided (optional). As a foster parent and mentor over the years to hundreds of teens who are on the brink of going out on their own,I know how important it is to provide economic opportunities for our young adults beyond minimum wage fast food jobs. I feel very privileged to be able to live and work in my community and I would like to see other people have that same opportunity. There are lots of people who moved to Atascadero to retire,my Mom is one of them,but Atascadero is not a retirement community. It is not a tourist destination. It is a community of hard working families who deserve the opportunity to put down roots. They need places to work and live. My experience in the building industry gives me the ability to understand construction projects and what it takes to turn a good concept into a reality. I have the unique experience of working on development projects from the initial concept all the way through to their completion. I am involved in city council,planning commission and board of supervisors meetings on a regular basis and I understand the importance of addressing the concerns of community members. I hereby certify that the foregoing information is true and correct. Signature: Date: It Z 000012 Please return to: CITY CLERK 6500 Palma AvenueV'.. �? Q 1998 Room 208 (1913`.� '. 1 1s s>y NOV 2 V Atascadero,CA 93422 S . . CITTY CLERKS 0 FICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: 'You must eet the minimum qualifications of being-a' registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill ou and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: IED -3A-(--OQ S C)M RESIDENTIAL 8 r�5 e-fZ( STo Sf}-L6p6p — q 210 ADDRESS: Home Phone: MAILING ADDRESS tif different): Work Phone: 4(o(o - 3400 Are you a resident oi the City of Atascadero? yr s How Long? _ 5 YEA42s Are you a registered voter? Yes No Social Security No. 5104 82. 2o595 OCCUPATION: ki u2A-mce- A'&,EUG.y OL�niE2 EMPLOYMENT: Present or last employer's name, address and phone number: LiOrL_I F p(.L&j 1 4 u v l i=R-�o f A-" SU 24-iu 6F- 01'aA F-0134 2-2- Position ZPosition held and length of employment: EDUCATION: 200 L 0C=� 1 gz� l t•+1%Ja.2sl Y RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: Bu5tmt=5s D fz2 Stmc..e- (g761 -- 2v+ UfA-2s or m�ua��nr.�,-r�igv���,E�c Wk T14 This application and sup'lement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provic ed by the City Clerk. 000013 Board, Committee 8, Commission Application Page 1 INVOLVEMENT. IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC /ORGANIZATIONS: . B I A— 04E-7M QA C 1 �L7A�-� M FzM C3Cz�L_ "f fL S tom©rl�-rc-F G�v1��Z�-1 1�x3S N �--SS G--- fL C Ca- GI-F�A 12 Z y FzrVj_S t ATA1 ScPnV a-S �z�L C rz- . 199 7. `ice F-S DAH r c eco E+7 .4-r T'+W- L- H c L- C 4410-MLP 19 aCo 1cicl . Fas( JP�(1,,F S,, LOe-P--/ 1titDC��p�uq-���A,<.G— x-rS Pi�-z Szarra - C,,04 aXAgJ OTHER C T OMMISSIONS, COMM.ITTE S O.f�BOARDS PREVIOD N tRyCRU RENTLY SERVING ON: X20 t ru A-u Com. Gc�,.cv�m, IC18o -E1x81 How did you learn about this vacancy? New paper Article Newspaper Ad _ Community Group Word of Mouth I Library City Hall Place of Employment Other (specify): SIA- NAS rl N C? Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself hereby certify, under.penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: I I– 23 R8 000014 Board, Committee & Commission Application Page 2 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING C01 IMSSION 1. Please Explain why you would like to serve on the Planning Commission. I am volunteering to serve on the Planning Commission because I have always been t ught and feel that when blessed with good fortune it is ones responsibility o "Give Back" to the community a portion of our time, energy, and experienc so that others may benefit. In that light I hope to bring balance to the commis ion and a dedication to learn the issues as represented from all parties. In the past I have worked well with others and feel comfortable that when asked to consider future agenda, the necessary decisions and/or recommendations requested will be carefully considered and processed responsibly. 2. Have you ever attended a meeting of the Planning Commission? Yes. 3. What is it about the Planning Commission that interests you? What qualities, experience, and expertise would you bring to the planning commission? I am intereste in the challenge that being a part of a process that seeks to preserve the t est of Atascadero while looking towards the future to provide the opportune (s) to meet the communities current and future needs. I bring a commitment of time, and effort to learn what I must do to perform a credible job in a forthright open handed manner that is in the best interests of the community. Personal qualities include focus, time management, drive, honesty, inte ty, tolerance, respect, a sense of fairness, empathy, and some 20 years of management and practical business common sense. 000015 0 4. In your view,what is the function of the Planning Commission? The.Planning Commission appears to be a decision/recommendation conduit that brings together input from the city staff, public input, and the city council, so that the council has the benefit of other perspectives to consider in their management of the cities land use issues. 5. How would you see your role as a member of the Planning Commission? As a Planning Commission member I would strive to take responsibility to be informed, seek out what relevant facts were/are available from all perspectives, and with integrity contribute to a decision process that makes timely decisions and/or recommendations in an impartial manner as necessary to their duties. 6. What are the current issues facing the Planning Commission? Current issues facing the Planning Commission appear to include a continued. effort to build on the rapport between the current city staff, the public, and the council in an effort to make process flow in an open and timely manner. Other issues include Revitalization of the Downtown and working with the staff to update the Atascadero General Plan. 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. I have read the General Plan and feel there is a need for it to be updated so that it is more contemporary to what is actually taking place in the community, the North County, and San Luis Obispo County There is room for improvement and better address of where our community desires to go in light of development around us with consideration for open area, parks, housing, retail, office, light pollution-free manufacturing and commercial corridors. 000016 r 8.If appointed,what specific goals would you like to see the Planning Commission achieve? I would like towork towards having the Atascadero planning commission be seen as a fair ,minded body respective of varying points of view that artfully processes information in a responsible and timely manner and which makes appropriate re ommendations%decissions for the serving council in the best interests of the community. 9. If there is additional information you would like to share about yourself,please use the following space provided (optional). See Attached. I hereby cert' that the foregoing information is true and correct. Signature: Dater 00001.'7 Ted Jacobson, LUTCF 8055 Cristobal Avenue Atascadero, Ca. 93422 805-466-0210. EDUCATION: 1972-1974 Fullerton State University 1975-1976 Graduated Police Academy, College of the Redwoods, Eureka., California 1974-1980 Graduated Bachelor of Arts in Zoology, Humboldt State University, Arcata, California MILITARY SERVICE: 1972-1976 United States Marine Corps 1974 Officers Candidate School Graduate, Quantico, Virginia 1976 Honorable Discharge OCCUPATION: 1978-1979 District Manager Angelo's Pizza Parlors Eureka, California 1979-1987 Restaurant Owner, Garcia's Restaurants, Arcata, California Manora Thai Restaurant, Eureka, California Western Kitchen Restaurant, Eureka, California Garcia's Restaurant, Petaluma, California 1987-1988 Insurance Sales /Allstate Insurance, Morro Bay, California 1988-1990 Insurance Sales]Independent Agency Morro Bay, California 1990- 1994 Owner/Broker/Agent Independent Agency Hunt LeMoine Insurance Services, Inc. Atascadero, California 1994- 1997 Agent/Broker Ted Jacobson Insurance Services Atascadero, California 1997- Present Owner of California Meridian Insurance Services �. Atascadero, California 000018 LICENSES: , Property Casualty Agent/Broker Lic # 0722386 Life./Annuities Agent PROFESSIONAL DESIGNATIONS: LUT('.'F (Life Underwriting Training Council Fellow) Working towards CPCU designation PROFESSIONAL AFFILIATIONS & COMMUNITY SERVICE San Luis Obispo Association of Life Underwriters, ast Board Member 5 years) IIAB (Past President San Luis Obispo) 1991-92 IBA ST (Education Committee 5 years, Past Chairman) Rotary Club of Atascadero North County Business Conference (Board Member 4 years) Morro Bay Yacht Club (Past Rear Commodore) Atascadero Chamber of Commerce (Board Member) 5 years Tuesday Night at the Atascadero Lake Summer Music (Program Chairman)1996-97 Atascadero BIA member PERSONAL: Born August 7, 1954 Married 18 years (Iris), two children, Krista 11 & Bryan 9 Homeowner in San Luis Obispo County since 1986 Atascadero Resident since 1993 Hobbies include Coastal Sailing, Backpacking, Fishing Competitive Target Shooting, and Golf 000019 � C� C� C� O � �;I Please return to: '3 6 00 PaCITY lma Avenue °$• �} ` ` '' � D Cl, - 71998 .. Room 208 I�sra`� Atascadero, CA 93422 5-�� fElD�:. 1. �A, CITY OF ATASCADERO A CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet theminimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: /"1/�/2pLi LE 1/6 CA1ZDEJ RESIDENTIAL ADDRESS: .536Y &/0 JA—,11e1A-)7n A� A-rA5C46?b14Home Phone: MAILING ADDRESS (if different): A1C Work Phone: SgS- 66-7-4 Are you a resident of the City of Atascadero? 'Ve 6 How Long? Are you a registered voter? Yes- , No_ (� Social Security No. _ 1,5'Z-A&-ZO0 OCCUPATION: -1 ,ree-lz5r EMPLOYMENT: Present or last employer's name, address and phone number: 'i�ox AO IC: C- CA- `.:34 Z- Position held and length of employment: C,C-Vc�)C- IZ E/D/UCATION/: K 7�17 1 Z f RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: ti I? sv Alf/1-IfIf"/CW This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 0 000020 Board, Committee & Commission Application Page 1 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: sep 147kw— OTHER CITY COMMISSIONS, COMMITTEES.OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth ✓ Library City Hall / Place of Employment Other (specify): �/�116011 � A'& Please comp to the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: Board, Committee Commission Application 000021 Page 2 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why yoId like to serve on the Planning ommission. u w 7 , G ii9<Y� C i`/tl�c r a4 /d/I 2. Have you ever attended a meeting of the Planning Commission? X Yes — No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? 7 &4_42�LOC / /ZOW' C2 4. In our vl what is the function of the Plannin Commissitfn? `�X� 01 Y 9 z'�40_411 i est U v', G ck� 6W 5. How ould you se your role as a member of the Plan ni C mission? GO1-v %T ro/! )0022 Supplemental Applica ion Planning Commission Page 2 . 6. What are the urr nt issues facing the Planning Commission?. G ?2 t� C6112 4!�- IV� 7. Are you familiar with the City's General an, and if so, describe briefly your views about the document. a / ra4 a / V/ e �rlpZIr S '?C7otr r dteJyJ ��/S cr1J if4a pante j* iia p,cific goals would you like to see the Planning Commission achieve? v i �• ter- � +/ r a.S �SJ'u�,S �� Z 4217 ia c G le- :mac® ZO ,l,r.1evg �Orn`/yKI/ 134n� o �`c ��o "cr// ��a �i�p �jgrr-p IJ�V ,�j� �or� C'OrH.+1vr1, S. ere is a ditionl Informa�figf�i yo 0',udlike to share about ourself, lease use the Y P followin space provided (optional). / I//elc/ Jz-Wac,6 /"00 �CLOI &VL�-, I hereby certifyth t he foregoi in rn ' n is true and correct. 000023 Signature: I Date: it9-, M �r�SC'A�7E2o /�/s�ZLQ�C.�C�p L. ie f�P.w %O r ��D �T�Jsulae2o �� � �I�orl�7Pr /U/,$ 01 �+ / AT7o.J/o%v�7,q 7lo.c� S 4n ` -t:) G Q u�Jl'/ /O�IJ cJ✓cam/A/A�FrI 7� � /� /� /7evo^.144 102-,1,0 ; 1-;7a.0wae„-3, �2E.+'EL l/NNE2S�ri/ of 00�V,771eel-,17 -- �E,c>v2c.I�vicccJCo,,r�i C!?li/r rh /� � �ceJ�c� �ov,��9.'7o•J /7�/ISc/IJEizo v.n�v�v�.-y /7�7�Sc�JJ�:2o ✓r�/ /hbK-fo�eeG 30 -fD c2o C J'/ JcHGio�.S C 6 mom/Trac �Lv-740.cJ �o,vrlloI- J"o vN��2 .0 o T /fr�SC✓!!7�lZD L /n1��!/J,�c7Z f�i,c),tJC2 /7ih2S�/a�7GiZo ��ClzEAi7o�1 �t'.cl�� (.v•yl�� TT6E �RC��/C' �AS���Ec7l�C C.o���A•vY �/ U v 000024 �TY�SC�9l7�� ��o.c�o�iG ���o v��y /•v.��:�ec� _/1lPti,.�, �. Please return to: CITY CLERK 1� '�� • 6500 Palma Avenue �`��., , ��/ JM 2 T I' Room 208 Atascadero, CA 93422 a. CITY OF ATASCADERO _A CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must met the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill.out a id attach the Supplemental Questionnalie for the advisory body you are applying for. NAME: RESIDENTIAL L' ADDRESS: )/ S $� SR �7 I-t/ J 4 JZOAJ> Home Phone:?62-19°9 MAILING ADDRESS (ifdifferent): Work Phone: Are you a resident oft we City of Atascadero? 6-S How Long? I yCJ4 .02 Are you a registered voter? Yes No Social Security No. 5 OCCUPATION: Jq 4,7-/A?r!' EMPLOYMENT: Present or last employer's name, address and phone number: JZ/N a IV Q- 2Hl CA . aJy�s"ol Position held aid length of employment: E6✓ONMNv#16EQ - ,q EN6✓wC EDUCATION: AT /S 510 o E6 i^-) f3 A #,9A RELEVANT TRAINING EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: ova/V This application and supple ent are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 000025 Board, Committee & ommission Application Page 1 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: aV ONS OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY.OR CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Article X Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. 1 hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: Z2/ C) Board, Committee & Commission Application 000026 Page 2 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. My wife and I plan to live here for a long time, and I think that it would be interesting to be part of the process that shapes the city we are living in. I've always believed that more people should participate in the governmental process. 2. Have you ever attended a meeting of the Planning Commission?_Yes X No 3. What is it about the Planning Commission that interests you? What qualities, experience, and expertise would you bring to the Planning Commission? The interesting part of being on the Planning Commission is being at the center of the development f Atascadero. My previous ob as the Alameda regional manager for an international engineering and program management firm required me to deal with a wide variety of customers to define project goals develop budgets, develop project plans, and complete the required project work. This had to be done on time and in budget. I had up to 17 employees working on various projects and was responsible for monitoring their progress and providing necessary direction. 4. In your view,what is the function of the Planning Commission? The function of the planning commission is to review specific issues relating to development and advise the city council as to the appropriateness of those issues and what action should be taken. 5. How do you see your role as a member of the Planning Commission? I see my role as working with the other members of the Commission to get the best answers to issues that we are asked to study. 00002"7 Supplemental Application so Planning Commission Page 2 6. What are the current issues facing the Planning Commission? As the central coast grows there is increasing pressure for development. The Planning Commissions job is to provide advice to the city council to balance development with quality of life. 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. I'm not familiar with the specifics of the City's General Plan other than that the plan is the master document for development of the city and defines types of use for various sections of the city. 8. If appointed,what specific goals would you like to see the Planning Commission achieve? I would like to see the city slowly develop its commercial base, with minimal negative impact on present businesses while maintaining the low density housing that makes this area such a fine place to live. 9. Is there any additional information you would like to share about yourself, please use the following space provided (optional). I am a native of California. I am retired from 22 years in the U. S. Navy. My wife and I have lived in all types of communities from very rural to high density, so I believe that I have a good idea of the benefits and problems associated with those various communities. I hereby certify that the o goin rmation is true and correct. Signature: Date// -2$��l 000028 r Please return to: CITY CLERK 6500 Palma AvenueY Room 208 S {�eia`. X. 1are�'7 'DEC "8 XM Atascadero,CA 93422 ,..� ; CAD r_. CITY OF ATASCADERO CITY OF ATASCADERO CITY CLERK'S OFFICE OARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet theminimum qualifications of being a registered voter and resident of the City, with the exception of youth repr sentatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill o it and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: kIwl6 r ILI 4 Jc4AiES RESIDENTIAL ADDRESS: t'0 z D S el,Al 0 Home Phone: MAILING ADDRESS (if different): Work Phone:_ Are you a resident of the City of Atascadero? r✓S How Long? /979 Are you a registere voter? Yes_y No_ Social Security No. 5V5--08''799..5' OCCUPATION: 1��1l�L lS' A Ad (,4 (1150,_ EMPLOYMENT: Present or last employer's name, address and phone number: � i� S .-'�tl CaGE ED J CA-r7D rrJ.�-G �� �iitJ,4•rJC��'L se2tJ? S i A009/6- r2AS C a elgo C.,q 3 9zz 905 - /O _ e'9 Position held and length of employment: pwh e SiNC E /99/ EDUCATION: D 6���/�.� i it/,�-.t/e r•9L �G•4-n/�/ir�l�- ���L riG�C'.�-rTo•j/s �20n7 '�E E2'(G��►'�J �oGL��-� ��r/ �iJn1,5' L v ,¢ RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: �re�-*t 11 561576121-6 rdd7WC*dZ_ 4O U This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 000029 Board, Committee Commission Application Page 1 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: Char 1"e d tfi e5m vrk o or-" 7-/!�- IL47-zodf G. Fo5we to s Yl oG' Ct��e,tsrr.� -�iY�4-•�l Cr.¢C_ �G�/�✓E�S OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: �l>4 How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth _>�,_ Library City Hall _ c Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application 'and attached supplement are.true and correct. Signature: 6� — Date: /Z — / jw- Board, Committee & Commission Application 000030 Page 2 CITY OF ATASCADERO • SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explair why you would like to serve on the Planning Commission. s woo D G�� BCeo�E PZ ld140ea ,Al 72'16� dL 002 61'W04' 2. Have you ever attended a meeting of the Planning Commission? _Yes ,ZC No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? !/e SE l/�a / �� /0 �S/a > )S4 IN.6 E2 �G of c�c u>.J �S' j . wECC ¢s oye ��✓ne� C,� ,t3�i�tJ(r H 6Q-51A(5-S5 QUJAE5e Y' 1 i E.2 l� ZE�51 b T- -V 0 4 106- 7-eeM i ���T ,4) "554) .ssv�S 6.gc��tJG- ov2 e.ry, 4. In your view, what is the function of the Planning Commission? is -5E2 J e As /W Azolsd&v 40D 7a 277� C�7VC' C 04 /S S L) s , 5. How would you see your role as a member of the Planning Commission? 7b 0 On 77Yt' 60 1S51-d1V 031 Supplemental Application Planning Commission Page 2 6. What are the current issues facing the Planning Commission? 11)U*j h&W 641E %ss c)&- - 5�� F�ci�rl(,- E �OnlyllrsSio.� LCE G- s7 4Z/�Sh/ Ad dN-6a��lJG- AS 7714E 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. `T GEC :�T �/5 /S /yr/ JoG(Ji.tIG- [�o CEJ �y�' ?3fp-r" yEEt�S %a 6e 8. If appointed, what specific goals would you like to see the Planning Commission achieve? v61jQ� Obl/ee-r7yE vat In /7 015/0/2 Q/T76,12 7d 6014,01414- � sr2 041 G- /ZA.�JPea-r w•n/ C�{� s�G`' s��/.o r�f� Gc-✓Ea�� .O�,G ��"c , 9. If there is additional information you would like to share about yourself, please use the following space provided (optional). 1 hereby certify that the foregoing information is true and correct. 000032 Signature: Date: 2-9.01-2-9.03 CHAPTER 9.- PLANNING COMMISSION ` Sec. 2-9.0 1. Creation:*Composition. There, is created a Planning Commission for the City which shall consist of seven (7) members who shall not be officials or employees of the City, but who shall be residerits of the City. (Ord. 10 § 2 (part), 1985) Sec. 2-9. 2.- Members: Appointment: Terms of office. The City Council shall appoint the members of the Plan- . ning Commission. Three (3) members have been appointed for r terms which shall expire August 1 , 1990, and four (4) members have been appointed for terms which shall expire August 1. 1992. These terms shall be extended to September 1 si of`the respective years. Commencing September 1 , 1990, dine` (1 ) member shall be appointed for a three (3) year term, which shall expire September 1 , 1993, and two (2) members shall be appointed for four (4) year terms, which shall expire September 1 , 1994 Commencing September 1 , 1992, two (2) members shall be Appointed for three (3) year terms, which shall expire September 1, 1995, and two (2) members shall be appointed tot four (4) year terms, which shall expire September 1 , 1996. Thereafti , all terms shall be for four (4) years and shall expire four (4) years after September 1st of the date of appointrrietit, except t ose appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office sha1l be for the balance of the unexpired term. (Ord. 200 § 1 , 1990: Ord. 101 § 2 (part), 1985) Sec. 2-9.03. Absence from meetings. Absence of a member of the Planning Commission from three ( ) consecutive meetings, or . from. four (4) meetings 000033 2-9.04-2-9.0 during a calendar year, without formal consent of the Planning Commission noted in its official.:minutes, shall be'reported by the Planning Director to the City Council for consideration of removal from office. (Ord. 200 § 2, 1990: Ord. 101 § 2 (par-t'j; 1985.) Sec. 2-9.04. Members: Removal from office. A - member of the Planning Commission serves at the pleasure of the City Council and may be removed from offic@, with or without cause, by a majority vote of all,the membets of the City Council. t (Ord. 200 § 3, 1990: Ord. 101 § 2 (part), 1985) Sec. 2-9.05. Vacancies. A vacancy on the. Planding%Colnmissi6h occurringi b-'death, resignation, removal, or any other cause before the expiration of the term of the member shall be filled by appointment for the unexpired term by the Council. (Ord. 101 § 2 (part), 1985) n Sec. 2-9.()6. Expenses. Plahning Commission members shall be entitled to femuh- eration . for expenses in accordance with the procedure ap- proved by resolution of the Council. (Ord. 101 § 2 (Part), 1985) Sec. 2-9.07. Powers, duties, and functions. The powers, duties, and functions of the Planning Commis- sion shall be all those powers, duties, and functions of a Plan- ning Commission and Board of Zoning Adjustment as pro- vided in Chapters 3 and 4 of Title 7, commencing with Section . 65100 of the Government Code of the State (the Planning and Zoning Law), as the same may be hereafter amended. 000034 79 2-9.08 - The Planning Commission shall perform such other duties and functions as may be directed or designated by the Council not inconsistent with State law. (Ord. 101 § (dart), 1985) Sec. 2-9.08. Chairman: Rules: Records and meetings. As of A g_ ust l st annually, or as soon thereafter as is fea- sible, the Planning Commission shall elect a Chairman and a Vice-chairm.An from among its members, shall adopt rules for the transact on of business, shall keep a public record of its resolWions, 44nsactions, findings, and determinations and shall hold regular] scheduled meetings in the Rotunda Room,.fourth floor, Administration Building, 6500 Palma n Avenue, Atascadero, every fust and third Tuesday evening at 7:00 p.m., and on such, other days, at such other times, as may be desig- nated in order for a special meeting. When the day for any regular meeting of the Planning Commission falls on a legal holi- day, the meeting shall not be held"on such holiday but should be held at. t ie same hour on the next succeeding day thereafter which is no a holiday, or at such other time as shall be deter- mined An.0-i oticed by the Planning Commission. (Ord. 142.*§ 2, 1986: Ord. 101 § 2 (part), 1985) (4E##C44CT0 5-9 ) 80 000035 •. s1 •�" Please return to: - 71998 i Crry CLERK 6500 Palma Avenue Room 208 sells." ~ �.7 CITY OF ATASCADERO Atascadero,CA 93422 CITY CLERK'S OFFICE CITY.OF ATASCADERO BOARD, COMMITTEE & COMMISSION.APPLICATION Please Nota: You*must meet the minimum quariflcations of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. fJlininxan qualifications are subject to verification. Please fill out and attach the Supplemental tluesdonnalre for the advisory body you are applying for. NAME: John J McGoff RESIDENTIAL ADDRESS: — 9192 Maple Street Home Phone: 805-461-11715 MAILING ADDRESS of different): Work Phone: Are you a resident of the City of Atescadero? Yeas How Long?27 years Are you a registered voter? YesX No,_ Social Security No. ^-2-9614— OCCUPATION: Retired EMPLOYMENT: Present or last employer's name, address and phone number: 1. Department of the Army and Airforce, National Guard Bureau Office of the Adjutant General- P.O. Box 214405, Sacramento,.CA 2• US Army/Army National Guard SEE ATTACHED Position held and length of employment: SEE ATTACHED EDUCATION: _Oaldand California Board of Education HI_gh School-GED RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: SSE ATTACHED This application and supplement are "public documents" and are available for review upon request At llcar>ts sire advised they may be requested to file a Statement of Economic lnterest, pursuant to the Fair PoI'idca) Pracdces reputatioru. Information vin1l be provided by the City Clerk. Board, Committee & Commission Application 000036 Pan,* 1 INVOLVEMENT 114 COMMUNITY, VOLUNTEER, PROFESSIONAL. AND/OR ACADEMIC ORGANIZATIONS: ociation of the United States Army; NationalGuardl Association of the United States; National Guar s is , De -ocad*r Ot lb f tascadero, Atascadero Homeowners Association OTHER CITY COM ISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR ON CURRENTLY SERVING ------------- How did you learn about this vacancy? Newspaper Article Newspaper Ad XX Community Group Word of Mouth„X_ Library City Hall Place of Employmen Other Ispecify): Please complete the attached supplemental questionnalro. Feel free to attach a resume or Other Information about yourself. hereby certify, under penalty of perjury, that the Information on this application and attached supplement are true and correct. Signature: Date: 12/04/98 Atchmt: Supplement QL estioaire, Pg 1 thru 4 Board, Committee Commission Application Page 2 000037 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONAIRE PLANNING COMMISSIONER Application of: John J.McGoff 9192 Maple Street Atascadero, CA 93422 EMPLOYMENT 1. Department of the Army and Air Force Nov 1983-Jan 1987 National Guard Bureau Washington, D.C.20310 Duty Station-San Luis Obispo,CA 2. U.S.Army/U.S.Army Reserve/ Sep 1946-Jan 1987 Army National Guard Office of the Adjutant General Enlisted Service Sep 1946-Oct 1956 P.O.Box 214405 Private-Sergeant First Class Sacramento,CA Commissioned Service Oct 1956-Jan 1987 Second Lieutenant Colonel EMPLOYMENT PERTINENT United States Property and Fiscal Officer (USPFO) -Colonel, U.S TO THE POSITION Army Nov 1983-Jan 1987 BEING SOUGHT Duties: Receives and accounts for all funds and property(personal and real)of the United States in possession of the National Guard (Army and Air)of California and insures that Federal Funds are obligated and expended in conformance with applicable statutes. Makes returns and reports on Federal Funds to the appropriate service secretary(Title 32 USC 708).Is the Federal Contracting Officer and Acting Transportation Officer for the National Guard of California. Manages the Management Information System, Military and Civilian Pay elements and manages the acquisition,storage and distribution system for the California Army National Guard Deputy USPFO for California - Federal Civil Service -GM-13 Sep 1977-Nov 1983 Duties:Full Deputy to the USPFO able to function in all Federal aspects in the day-to-day operation of the Office. Real Property Officer for three major Army installations under license to the Amy National Guard,Fort Irwin,Camp Roberts and Los Alamitos Armed Forces Reserve Center. Geographically,an area the size of the State of Rhode island. 000038 Comptroller - Federal Civil Service-GS-12 Jul 1973-Sep 1977 Chief,Comptroller Division. Mange all aspects of the Division consisting of:Office of the Comptroller;Program and Budget Branch;Accounting Branch; Military and Civilian Pay Branch,and the Management Analysis Branch. Funding from all sources exceeded the budget of most third world countries. Contracting Officer-Federal Civil Service-63-11 Jul 1971 -Jul 1973 Chief, Purchasing and Contracting Division. Responsible for all procurement of supplies and services for the Army National Guard. Responsible for all construction contracts for both the Army and Air National Guard. Total acquisition budget for all supplies and services In the range of$75MM to$100MM,annually. Staff Training Assistant-Federal Civil Service-GS-10 Dec 1958-Jul 1971 Operations Officer for a Field Artillery Group consisting of from 3 to 5 Battalions of Artillery,consisting of between 600 and 1200 personnel. Developed and managed training plans;developed and executed response to civil disturbances throughout the State Staff Administrative Assistant-Federal Civil Service-GS41-9 Mar 1961 -Dec 1968 Performed a variety of duties while assigned in staff positions as: Adjutant,Assistant Operations Officer, Logistical Staff Officer,and Security Officer. Concurrently,during the period appearing above,served as a Reserve Officer at all levels of command. Company//Battery: Reconnaissance&Survey Officer, Battery Executive Officer and Battery Commander. Battalion: Adjutant/S-1, Operations Officer/S.3, Logistics Officer/SA Battalion Executive Officer and, Battalion Commander. Artillery Group:Adjutant/S-1,Assistant Operations Officer, Operations Officer/S-3, Logistical Officer/SA and Security Control Officer for TOP SECRET and CRYPTOLOGIC material. 000039 General Officer Command: Detailed as General Staff Officer on the staff of the Adjutant General of California. Detailed as USPFO an n the staff of the Chief,National Guard Bureau. EDUCATION AND LEADERSHIP TRAINING PERTINENT TO THE POSITION US ARMY ARTILLERY S MISSILE SCHOOL Field Artillery Officer Candidate School-1956 Field Artillery Officer Career Course-1966 Artillery Staff Officer Course-1968 US ARMY ADJUTANT GENERAL SCHOOL Adjutant General Company Officer Course-1963 US ARMY COMMAND&GENERAL STAFF COLLEGE Army Staff Officer Course-1970 FUNCTIONAL US ARMY LOGISTICS MANAGEMENT CENTER Defense Procurement Management-1971 Army Installation Management-1975 Advanced Contract Management-1980 US ARMY FINANCE SCHOOL Planning, Programming and Budgeting-1973 Army Comptrollership-1973 US ARMY MILITARY POLICE SCHOOL Military Operations In Support of Civil Action 000040 q CITY OF ATASCADERO SUPPLEMENTAL QUESTIONAIRE PLANNING COMMISSION 1. My experience and training in financial management and contract management make me uniquely qualified f r a position on the Planning Commission. 1 believe 1 can make a contribution toward the attainment of City goals while assuring that the quality of life in this community is enhar cod through informed land use decisions. 2. 1 have attended meetings of the Planning Commission, and regardless of the outcome of this application,will continue to do so. 3. 1 am particularly interested in participating in the review and revision of the General Plan and the review of spec' is plans, zoning and subdivision ordinances. 1 would bring integrity, perseverance and g capacity for attention to detail to the Commission. My financial management experience encompassed multi-million dollar projects. Likewise,contract management progr'ms involved large-scale construction projects in the range of$10 to&18 million dollars,ann ally. 4. The function of the Planning Commission is that of principal advisor to the City Council in matters of land use, principally compliance with zoning and other applicable city ordinances. It also participates in reviewing the capital improvement plan, consults and encourages public interest in,and understanding of, the General Plan and regulations pertaining to it. 5. As a member of the!7 Member commission, 1 feel that it is important to be a team player. It is essential that a member be fully informed regarding any matter coming before the Commission. Consi er all dimensions of any matter before the commission,and when necessary, become a catalyst for discussion pro or con. The City Council deserves the best advice the Commission has to offer. The Commission should never knowingly allow the City Council to make a mistake. 6. . The issues facing t e Commission are those of maintaining a balance of competing interests, development and r idevelopment are not mutually inclusive. Growth and development directly affect envi onmental quality. Decisions in this area must address basic site design principles and relal ive costs/cost savings and the effectiveness of differing strategies. 7. 1 am not as familiar with the General Plan as 1 would like to be. 1 feel that the plan as a consensus document, is an essential guideline, requiring periodic up-date. It is a living document;not an Impediment to progress It has been stated to be. 8. The Commissionshould encourage greater participation by citizens of this city.Although the nature of the com Issions business requires it be reactive, it should explore ways to become pro-active wherevi r practicable. 9. Having lived in this community for some 27 years, 1 have an affinity for Atascadero that transcends political considerations,which appear to motivate too many people in this community. i believe 1 can subordinate my politics and other biases for the good of this city In filling the position of a Planning Commissioner. 1 hereby certify that the foregoing Information is true and correct. 000041 N0WN Please return to: DECITY CLERK R 5: . Q IM 6500 Palma Avenue SK ? 'd �. C Room 208 f isra`: is er97 r Atascadero,CA 93422 CADS:' CITY OF ATASCADERO A CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the'City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: _ oyee ibe v) EdclinQs _ RESIDENTIAL /, ADDRESS: /078D V STR i�ad lglasr wep-y.�� Home Phone.&O5)4 6/-/63� MAILING ADDRESS (if different): S/`{h�G-- Work Phone6�-OOS) JW Are you a resident of the City of Atascadero? Jes How Long? 6 t c°_Q rS Are you a registered voter? Yes No_ f Social Security No. _L930 q - 69&d- OCCUPATION:6 -ne-ra( COVI �r&c Ule L /B' 011Clinr CU+'�SC3�TC2� r EMPLOYMENT: Present or last employer's name, address and phone number:/� GIC_ 61 �loL ecf l�cJner- O I`0i� p-_ ConS�,uo-bo r't f44a s-wz-fer o Cl! 161-3900 Position held and length of employment: /'I -,ne�z (--O(? aU EDUCATION: 141,�I�I SC`L w 0���lD{ � ot�{'Y1� bu5l L�Ss-a1r1C� t I�ecc( �'s7 �e C 0l le2e COUtTes, LAC) dIr'cc,444-q CurTe,.Y, r--f'0 f eco K. 64a" ��c:Pv�{y►��,��o r1 S + t' �S�r�n tv ,�S RELEVANT TRAINING, EXPE IENCE, CERTIFICATES OF,- TRAINI�G. , LIC NSES OR PROFESSIONAL REGISTRATION: Q�Ja{ SCGcG�E? l�t0.hV��u� �j�yl l4S' Jl/`c'-f AAS 0. 1 f ce✓l se u t I ct '"5 ��'' F; �o�f�'a�-� d�ic� tri vs51;)ue pro ces-sa iJC1tKe�v Cvt15 +. ma C1 EC" ti4� /YL Sc el�r,eSevc C( eve OF 1 6ec�Jrv` ` 'ue execs r a o o es � ea S I two Sc+�ea, �o� a is application nd supplem� are "public document and are available or re�iew upon request. Applicants are advised they may be requested to file a Statement of Econic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. A l-�Ue. DAex(�e� � � �wnwt�Ss f o�,N�vti�� , � 2�►� G i Q Gt �cr�r►c i 0000 �- 42 Board, X-mittee & Commission Application Page 1 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: "V� cove mckf " 0,5,ze'lam f /11616r o�' zqmcpo C F1 m WAS 0 (-dW4AC& Com ml-gee , mr asst A .Ce�ctc. 4� d U. S�cEer� a; l OTHER CITY.COMMISSIONS,'COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING ON: f plaw"�M How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please comp ete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Q, �J ` �y Date: la—aq—qg Board, Committee Commission Application , 000043 Page 2 CITY OF ATASCADERO • SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. CDkA>+vJT'S eri►e_t'' , � �C'�l �`""�e r'e'L rvluoj on/qw-rMerl jou !ter SSS C' Co fjCwL4 d g �)ar-1 p 1 ovL q ML a; 4 dd i-o Sj*e rs j0 0 U i Z Cr 2. Have yo ever attended a rJeting.6f the Planning Commission? Yes —No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? l �lv 51 OLre aC i I r D ti of c s� �• l,� s w hard avio( Sears I ssvp LaA,14 M 9 to,vd,11)-0 ac �oavl- 11 q-.) leve jW14PV oel SS 4. In your view, what is the function of the Planning Commission? l' J e� f✓ V K�4 1 tiV •f i ✓l 6 � i/� 1 � lYL Vt i C. �C� �e f� Iv�ec,l� i.��ce�w► ��C v� S Gr 5. How would yo see your role as a member of the Planning Commission? _ Je(► s MS ea(c& 60C� 'ssv e �e RAQ- CQ LIA I CSS e(A a W 4ecri�eo v+ S W(4C,(A NDi V- - �0 ('I CVj CL ;� 000044 Supplemental Applica ion Planning Commission Page 2 6. What are the current issues facing the Planning Com 'ssion? ow -e Sowe Male 7 vv�1� her COWV�- I OwA cJt GAS Ue . crt re s c1Cie �lc 01a Te 7. Are you famil ar with the City's General Plan, and if so, describe briefly your views about the document. c CGCG Jc 4- r � ' 8. If appointed hat specific/goals would you like to see the Planni Commissio achieve? �c1cev m�j , r c���do� �� ( 7 d Q' �� G k 7 �u6� t/l I) c oil1 4 ' e t 9. If there i5 itional information you would like to share about yourself, please use. the following sp a provided (opti nai). 7&�2e k hvi4e-S- v' fS yCe- 4�& (z K4*t i vL.s dW GI 64\ C?�L') ccx�to JO o e toil a Wei �Ac- j'c�e� 1' M UK[ UL I hereby certify that he foregoing information is true and correct. p 000045 - Signature: � ' Date: ITEM NUMBER: A-1 DATE: 01/12/99 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY,NOVEMBER 24, 1998 REGULAR SESSIO , 7:00 P.M.: Mayor Carden called a Regular Session to order at 7:12 p.m. and Council Member Lerno led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay,Johnson, Lerno, Luna and Mayor Carden Absent: None Others Present: City Clerk Marcia Torgerson, City Treasurer Rudy Hernandez Staff Present: City Manager Wade McKinney, Fire Chief Mike McCain, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Police Lt. John Couch, and City Attorney Roy Hanley. APPROVAL OFAGENDA: Mayor Carden suggested that the agenda be revised as follows: City Council Reorganization#1 and#2, Presentations Reception, City Council Reorganization#3, Council Announcements and Reports, etc. MOTION: By Council Member Clay and seconded by Council Member Lerno to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. PROCLAMATION: "November 1998—Hospice Month" Mayor Carden read the Proclamation and announced that it would be presented to Hospice at a later date. 000.046 CITY COUNCIL REORGANIZATION: 1. Reciting the Fact of the General Municipal Election—held on November 3, 1998 (City Clerk's recommendation: Adopt Resolution No. 1998-051, reciting the fact of the General Municipal Election held on November 3, 1998, declaring the result and such other matters as provided by law.) [Marcia McClure Torgerson] City Clerk Marcia McClure Torgerson explained that the Board of Supervisors voted this morning to certify the results of the canvass of all votes cast November 3, 1998 (see Attachment A). Mayor Carden read a portion of Resolution No. 1998-051. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson to adopt Resolution No. 1998-051. Motion passed 5:0 by a roll-call vote. 2. Administration of Oaths of Office—Newly-elected Council Members J. Mike Arrambide and Ray Johnson,newly-elected City Clerk Marcia McClure Torgerson, and newly- elected City Treasurer David G. Graham • Deputy City Clerk Kathy Buth will administer the oath of office to Marcia McClure Torgerson. Marcia McClure Torgerson was sworn in for the Office of the City Clerk by Deputy City Clerk Kathy Buth. • City Clerk Marcia McClure Torgerson will administer the oath of office to J. Mike Arrambide, Ray Johnson and David G. Graham Mike Arrambide and Ray Johnson were sworn in for the Office of City Council Member and David Graham was sworn in for the Office of City Treasurer by City Clerk Marcia McClure Torgerson PRESENTATIONS: 1. The new Mayor will present a service plaque to outgoing Mayor Harold L. Carden, III. Mayor Pro Tem Johnson presented outgoing Mayor Carden with a plaque inscribed, "Presented to Harold L. Carden, III for your dedication and leadership in serving our community as a Planning Commissioner from November 1992—June 1994, City Council Member from June 1994—November 1998, Mayor from November 1997—November 1998." CC 11/24/98 000047 Page 2 of 11 2: The new May r will present a service plaque to outgoing City Treasurer Rudy Hernandez. Mayor Pro Tem John on presented outgoing City Treasurer Rudy Hernandez with a plaque inscribed, "Presented to Rudy Hernandez for your service to the community as the City Treasurer from October 1995 —November 1998." 3. Cub Scout Pa k 155 Presentations Cub Scout Pack 155 presented outgoing Mayor Carden with a Certificate of Appreciation for the investment of time that he gave to their den and the seeds he planted that will help form the next generation of Mayors Council Members and citizens. Cub Scout Pack 155 resented City Manager Wade McKinney with a Certificate of Appreciation for the investment of time and patience that he gave as he led them on a thorough tour of City Hall. Hal Carden, 5355 Sar Jacinto, thanked Ray Johnson and Mike Arrambide for taking the time and effort to run for ity Council. He also thanked all the Council for working with him. Mr. Carden stated that the City was in a financial disarray 4 %2 years ago; but the foundation has been laid and he is honore to have been a part of it. He reminded Mr. Johnson and Mr. Arrambide that they have been e ected to serve a constituency. Mr. Carden spoke directly to Council Member Luna when te stated that they have disagreed on many issues, but were always able to work together. He said that Council Member Luna has a constituency, and he can't think of anyone that could represent that constituency better. Mayor Pro Tem John on called for a recess at 7:30 p.m. for a reception. Mayor Pro Tem John 3on resumed the Regular Session at 7:45 p.m. 3. Council Anvointment of Ma or—The City Clerk will accept nominations from the Council Members PUBLIC COMMENT: Alan Thomas, 9520 Marchant Way, congratulated Mike Arrambide and Ray Johnson on their victories in the recent election. He stated it was close right down to the wire. Mr. Thomas said that we all learned th City is evenly divided on the issue of growth. He also congratulated Henry Engen and Jennifer Hageman for their efforts and thanked them for running and bringing up important issues. He has read that the new Council wants to work together for all of the community. He stated that he hopes they will work towards pulling people together. Mr. Thomas said that the Council has a great opportunity to pull the community together by electing Council Member Luna as Mayor. He listed several reasons why Council Member Luna should be elected; served At scadero for over 10 years as Planning Commissioner and Council Member, he had the most vote at his last election, and he fought against layoffs when they were recommended. Mr. Thomas urged the Council to do the right thing. CC 11/24/98 000048 Page 3 of 11 Marge Mackey, 5504 Tunitas Ave., submitted a prepared statement opposing making the Mayor's term 2 years. She also stated that she supports the election of George Luna for Mayor and Jerry Clay for Mayor Pro Tem. (read into the record by Jennifer Hageman) (see Attachment B) Jennifer Hageman, 8005 Santa Lucia, explained why she supported Council Member Luna for Mayor. She stated that he's served the community for over 10 years doing research, attending meetings, phone calls, site visits, etc. She said Council Member Luna has earned the right to be Mayor and she urged the Council to select Council Member Luna as the next mayor. Robert Hewitt, 3850 Ardilla Road, urged the Council to elect Council Member George Luna as the next mayor. He also stated that he agreed with the two previous speakers and he supported the one-year term for mayor. John Hageman, 8005 Santa Lucia, stated that the Council needs to make sure that the community is not divided. He asked the Council to help bring the community together by electing George Luna as Mayor. Sid Bowen, 5550 Cascabel, stated that the mayor position is not a ceremonial position, it is a political position. If it were a ceremonial position, he would support Council Member Luna for Mayor. Bob Powers, 7505 Carmelita, stated that he has worked on three campaigns for George Luna. He said that he doesn't think there is a person in this city that deserves to be Mayor more than George Luna. Michelle Cleeberger, City of Santa Rosa, stated that she would love to live in Atascadero but there are no employment opportunities for her husband. She said that she supports Mike Arrambide for Mayor because he has a vested interest in creating more jobs in Atascadero. Sheree Ricketts, 4475 Sycamore Road, asked what are the qualifications that allow a person to serve as Mayor. She also asked if Council Member Luna is lacking any of these qualifications. He has served the community well for 10 years and deserves to be mayor. Dorothy McNeil, 8765 Sierra Vista,read a prepared statement in which she supports Council Member Luna for Mayor. (see Attachment C) Geraldine Brasher, 3202 Monterey Road,urged the Council to support George Luna for Mayor. She stated that the Council should follow the Board of Supervisors lead and take turns being Mayor no matter what their politics. Fred Frank, 3615 Ardilla, stated he supports Council Member George Luna for Mayor as he represents a large portion of the community. He added that Council Member Luna also supports career jobs for Atascadero. Patricia Frank, 3615 Ardilla, stated that she agrees with the previous speakers and supports Council Member George Luna for Mayor as he has served the Council well. CC 11/24/98 000049 Page 4 of 11 Bob Nimmo, 7375 Be la Vista Road, stated that a few years ago there were three vacancies on the Council. He explained that there were two people that he planned on voting for and he also encouraged others to vote for Council Member George Luna as the third vote. Mr.Nimmo said that he was able to wok well with Council Member Luna on the Council in the past. However, Council Member Luna has appeared at the Council of Governments opposing the majority view of the City Council. I e stated that the majority of the Council should not appoint a representative of the minority to the position of Mayor when in the last election the majority won. It would be unf ithful to your constituents to elect the minority representative to Mayor. He gave the example of the new Governor Gray Davis,who will replace 100's if not 1,000's of political appointees made by his Republican predecessors. Mr. Nimmo stated that this would be the only appropriate a d proper thing for him to do. Governor Davis will be fulfilling his responsibility by asking the Republican appointees to step down so that he can appoint people who will carry out his policy objectives which have been approved by the voters. Carol DeHart, 4305 L bos Ave., read a prepared statement urging the Council to elect Council Member George Luna as Mayor. Also, she shared her opinion concerning the appointment of Planning Commissioners. She stated that she felt that the current system was working well. She also stated that she dis agreed with Mr. Nimmo as Council Member Luna did win the last election with the most votes. see Attachment D) Dennis Schmidt, 8675 Santa Rosa Road, reminded the Council that all the Council Members represent all of the community. He asked that they vote accordingly. John McNeil, 8765 Si rra Vista, read a prepared statement supporting Council Member George Luna for Mayor. He stated that this is not a partisan position. (see Attachment E) Daphne Fahsing, 510 Llano Road, stated that she has always liked the way Atascadero chose its Mayor. Everyone has always had a chance to sit in that chair. She said that Council Member George Luna has earn d the privilege of serving as Mayor. She also asked the Council to all speak into their micro hones as the audience has trouble hearing them. Jim Patterson, 9312 o. Santa Margarita Road, stated that he concurs with the previous speakers who support Council ember Luna for Mayor. He said he was extremely disappointed by Mr. Carden's comment thanking Ray Joihnson and Mike Arrambide for taking the time to run for Council and omitting the fact that Jennifer Hageman and Henry Engen also made the same commitment and sacr fices to run for Council. Mr. Patterson said that it is precisely these types of comments that destroy a community. We might not agree, but in a democracy we must learn to live with individuals with different opinions. The City Council has an opportunity to start bringing the community together by electing Council Member George Luna as Mayor. David Bentz, 10275 San Marcos Road, said that he encouraged the Council to appoint the best person to serve as Mayor and Mayor Pro Tem. Ray Jansen, 6655 Country Club Drive, said that a strong case has been made for the need for unity. In the past, on segment of the community has been deemed the leader of the community. Real leadership from Lhe Council should be to all segments of the community. He asked for the Council to unite the c mmunity. CC 11/24/98 000 0 50 Page 5 of 11 Steve LeSalle, 7505 Marchant, stated that he supports Council Member George Luna for Mayor. He said that since the last election showed that the community is split,the current system of rotation would be fair and everyone would be represented. Mike Murphy, 9320 Santa Clara Road, congratulated all those who were sworn in tonight. He supports joining the community together. Mr. Murphy stated that he thinks all Council Members would make good mayors and they should take turns. Mike Molina, 7165 Penal,congratulated Mike Arrambide and Ray Johnson for their success in the election. He stated that he is the past president of the Chamber of Commerce and he trusts all of the Council to make the right decision. Maggie Vandergon, 5540 Vida, expressed her support for Mike Arrambide as Mayor Pro Tem. She stated that he works well with people and could bring the community together. She also said that Mike would bring, in addition to all his other qualifications, something that is often needed in this room; a great sense of humor. Ted Jacobson, 8055 Cristobal, stated that he is speaking tonight in support of Council Member Jerry Clay and Council Member Ken Lemo. The Mayor position is not a popularity position; this is a political position and a leadership position. He said that the business community is looking to the Council to make the hard decisions. Mr. Jacobson expressed his support, and the support of the business community, for the council to make the right decision. Pam Marshall, 7790 Yesal Ave., stated that she supports Council Member George Luna as Mayor. Sally and Stewart Thomson, 7455 Bella Vista, submitted a prepared statement supporting Council Member Luna for Mayor. They also expressed their hope that the method of choosing Planning Commissioners would remain the same. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment F) Charlotte Bryne, 4064 Tranquilla Ave., submitted a prepared statement supporting Council Member Luna for Mayor. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment G) K.M. Barthels, 6820 San Gabriel Road, submitted a prepared statement supporting Council Member Luna for Mayor and supporting the current system for selecting Planning Commissioners. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment H) Catharine Young, 6820 San Gabriel Road, submitted a prepared statement supporting Council Member Luna for Mayor and supporting the current system for selecting Planning Commissioners. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment I) Barrie Hafler, 5455 Bolsa Road, submitted a prepared statement supporting Council Member Luna for Mayor. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment J) CC 11/24/98 000051 Page 6 of 11 James Carpenter, (no address given), submitted a prepared statement supporting Council Member Luna for Mayor and supporting the current system for selecting Planning Commissioners. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment K) Nancy Hyman, 1076 Colorado Road, submitted a prepared statement supporting Council Member Luna for Mayor and supporting the current system for selecting Planning Commissioners. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment L) Oda Ferguson, 7520 anta Ynez Ave., submitted a prepared statement supporting Council Member Luna for Mayor and supporting the current system for selecting Planning Commissioners. (read into the record by City Clerk Marcia McClure Torgerson) (see Attachment M) Mayor Pro Tem Joh son closed the Public Comment period Council Member Luna thanked those who spoke on his behalf and stated that he agrees with them. He stated that he has always felt that we are elected to govern, not to rule. Council Member Luna said tl at it has never been more important than now for the community to come together. He stated t at we are about to enter a very controversial, much-abused process called redevelopment. We iced more information before any decisions can be made. He stressed that it is important to brir g community together and focus on downtown redevelopment. Council Member Cly stated that it comes down to the difference in philosiphies and the difference in agendas. He also said that the election showed there is a 4% swing between the two sides which makes it clear what direction the majority of the voters want the community to go. City Clerk Marcia McClure Torgerson asked for nominations for Mayor. MOTION: By Council Member Clay and seconded by Council Member Lerno to elect Ray Johnson as Mayor. Motion passed 4:1 by a roll-call vote. (Luna opposed) 4. Council Aivointment of Ma or Pro Tem—The new Mayor will accept nominations from the Council Members Mayor Johnson asked for nominations for Mayor Pro Tem. MOTION: By Council Member Clay and seconded by Council Member Lerno to elect Mike Arrambide for Mayor Pro Tem. Motion passed 4:1 by a roll-call vote. (Luna opposed) COUNCIL ANNO NCEMENTS AND REPORTS: Mayor Johnson stateI that he would like staff to come back with reports on the following 2 items concerning the review of the term of Mayor and review of the selection process for Planning 00 0052 CC 11/24/98 Page 7 of 11 Commissioners. He asked that if anyone in the audience came to speak to either of those items, they may do so during the Community Forum portion of the meeting. He asked staff to report at the next meeting on these two items giving the Council a history of the processes in Atascadero and a survey of other cities in the County. Mayor Johnson said that the selection of Planning Commissioners needs to be reviewed, both the role of the Planning Commission and its relationship with the Council and planning staff. Mayor Johnson asked that the City Clerk open the recruitment for the replacement of Mike Arrambide on the Planning Commission. He asked that we advertise and take care of that at the next meeting if that is possible. He asked for consensus from the Council. There was consensus of the Council to open the recruitment for the replacement of Mike Arrambide on the Planning Commission. Council Member Luna gave his web page and e-mail address to the audience via overhead projector(see Attachment N). He explained that any information that he receives that is public information, he will post it on his web site, especially in regards to redevelopment. He also asked for clarification of the redevelopment timeline (see Attachment O). Mr. McKinney explained the steps required during this informational process. Council Member Luna asked when the City could in-debt the Redevelopment Agency. Mr. McKinney said that it would have to be a vote of the people. Council Member Luna asked if a vote of three of the Council could indebt the City. Mr. McKinney responded, yes, for a project based on the Agency's rules. Council Member Clay asked Council Member Luna why he now is coming forward now against redevelopment. Council Member Luna stated that it depends on what you do with redevelopment. He explained that redevelopment has some good aspects to it. But, if it's not carefully monitored by the electorate, it can be abused. Mayor Johnson stated that the Council will need to get more information on this issue and full discussion. He also asked staff to make sure and give the Council access to all sources of information on redevelopment, both good and bad. Council Member Clay commended Lon Allan of the Atascadero News for his article on redevelopment. 1. Review of Term of Mayor—Continued. 2. Review of Selection Process for Planning Commissioners- Continued A. CONSENT CALENDAR: Roll Call 1. City Council Minutes November 10, 1998 - (City Clerk recommendation; Approve) [Marcia McClure Torgerson] 2. July 1998 Accounts Payable and Pam—Fiscal Impact: $599,549.08 (Staff recommendation: Review and approve) [Rachelle Rickard] CC 11/24/98 000053 Page 8 of 11 3. August 1998 Accounts Pa able and Payroll -Fiscal Impact: $1,092,958.31 (Staff recommendation: Review and approve) [Rachelle Rickard] 4. Zone Chane 998006 — 5000 Marchant Ave. (Gearhart) — Fiscal Impact: Negligible (Planning Commission recommendation: Council adopt Ordinance No. 355 on second reading by titl only, approving Zone Change #98006) [Paul Saldana] Council Member Clay pulled Item#A-1. Council Member Luna pulled Item#A-4. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Item#A-2 and#A-3. Motion passed 5:0 by a roll-call vote. RE: Item #A-1: CoL ncil Member Clay asked that the minutes of November 10, 1998, Section B-1, be amended to include a statement made by Mr. McKinney concerning the costs involved in building a fire station and staffing it. City Clerk Marcia Mc lure Torgerson also asked that the minutes of November 10, 1998, Section B-2, be amended to include, in the motion approving Resolution No. 1998-048, the deletion of Condition 12. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Item#A-1. Motion passed 5:0 by a roll-call vote. Luna stated that he cannot support e with the this zone change RE: Item#A-4: Council Member L pp g deletion of Condition #2 in the variance. PUBLIC COMMENT -None MOTION: By Council Member Clay and seconded by Mayor Johnson to approve Item #A-4. Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained) COMMUNITY FO UM: Barbara Wrighter, 10150 San Marcos Road, stated that she has been interested in City Planning all her life. She explained that it was she who recommended to George Highland and Marge Mackey when they w re on the City Council the procedure of appointments to the Planning Commission that was adopted several years ago and is still in use. She said that she supports the seven-member Planning Commission. Marge Mackey, 5504 Tunitas Ave, submitted a prepared statement expressing her concern for the possibility of the Co cil changing the make-up of the Planning Commission. (read into the record by Jennifer Hageman) (see Attachment P) Jennifer Hageman, 8005 Santa Lucia, Planning Commissioner, stated that the handout she received when she became a Planning Commissioner states that Planning Commissions were 000054 CC 11/24/98 Page 9 of 11 created to eliminate political influences on planning decisions. She said that the current system is effective in ensuring that political influences do not play a roll. Ms. Hageman told the Council that the current Planning Commission has proven to be capable with a wide variety of expertise and has served the Council well. Dorothy McNeil, 8765 Sierra Vista, read a prepared statement into the record expressing her concern of the Council's opinions about the Planning Commission appointment process, quoting interviews that were reported in the newspapers (see Attachment Q). Henry Engen, 9575 Lake View Drive, expressed his concerns about the possibility of the Council changing the Planning Commission selection process. He urged the Council to leave the selection process as it is. Mike Murphy, 9230 Santa Clara Road, said that the problem he has with the Eagle Creek lights would not have taken place if the Planning Commission had reviewed the project. He stated that he feels they do an excellent job and the Council should not eliminate the Planning Commission. John McGoff, 9192 Maple St., stated that he supported the Planning Commission's decision to continue the Redevelopment item. The Planning Commission was not fully informed before the meeting which made them unable to make a decision. He said that he supports the current Planning Commission selection process. Fred Frank, 3615 Ardilla, stated that we have an excellent Planning Commission. Geri Brasher, 3202 Monterey ad stated that th to y Ro , s e Council made a mistake not making Council Member George Luna Mayor. She said that she supports the current selection process for the Planning Commission and supports the current Planning Commission. Paul Ricketts, 4475 Sycamore, said that the Mayor's position is not political, it's pro-growth vs. controlled growth. He suggested the Council make Mr.Nimmo their Planning Commission. Mayor Johnson closest the Community Forum. B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Information Bulletin D. COMMITTEE REPORTS -None CC 11/24/98 000055 Page 10 of 11 E. INDIVIDUAI,DETERMINATION AND/OR ACTION: City Council Council Member Luna asked about the status of the City's web site. He also asked for all the reports submitted tote City be received on disk also. Council Member Clay stated that some Planning Commissioners have said bad things about the Council. It's a two-wEty street. Mayor Johnson asked the Council Members to give him input concerning committees they would like to serve on. F. ADJOURN NT: Mayor Johnson adjourned the Regular Session at 9:30 p.m. to the Redevelopment Agency Meeting immediately following this meeting. MEETING RECORDED AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk ATTACHMENTS: Attachment A—Certificate of the County Clerk Results of Canvass Attachment B—Prepared Statement of Marge Mackey Attachment C—Prepared Statement of Dorothy McNeil Attachment D—Prepared Statement of Carol DeHart Attachment E—Prepared Statement of John McNeil Attachment F—Prepared Statement of Sally & Stewart Thomson Attachment G—Prepared Statement of Charlotte Byrne Attachment H—Prepared Statement of K.M. Barthels Attachment I—Prepared Statement of Catharine Young Attachment J—Prepared Statement of Barrie Hafler Attachment K—Prepared Statement of James Carpenter Attachment L—Prepared Statement of Nancy Hyman Attachment M—Prepared Statement of Oda Ferguson Attachment N—Overhead Projection of Council Member Luna's Attachment O—Overhead Projection of Council Member Luna's Attachment P—Prepared Statement of Marjorie Mackey Attachment Q—Prepared Statement of Dorothy McNeil 000056 CC 11/24/98 Page 11 of 11 e Attachment: A Atascadero City Council Meeting date: 11/24/98 CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST NOVEMBER 3,1998 CONSOLIDATED GENERAL ELECTION CITY OF ATASCADERO pCCC0WN STATE OF CALIFORNIA ) � 012 4 1998 } ss. 0 COUNTY OF SAN LUIS OBISPO ) CITY OF ATASCADERO CITY CLERK'S OFFICE I, JULIE L. RODEWALD, County Clerk-Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of Atascadero on November 3, 1998, and that a photocopy of the Statement of Votes Cast to which this certificate is attached, shows the number of votes cast in said city for each candidate for the Office of Member of the City Council,City Clerk and City Treasurer and that the totals shown for each candidate for the Office of Member of the City Council, City Clerk and City Treasurer in said city and in each of the respective precincts therein, are full, true and correct. WITNESS my hand and Official Seal this 17th day of November, 1998. 1 JUL L RODBWALD, County Clerk-Recorder C'0131S z 00005'7 L50 OJP °f CIERkC .. RECURdER CE /the C(I COUtM OF SAN LUIS O&SPO 1141 MCNT6;EY ST.STF.A SAN LUIS OBISPO.GLIFOFW N 93108•KaBQ5781-32a® JANET HALEY JULIE L RODEWALD DEPUTY REGISTRAAOFVOTMS COUNTYCLMK-FEDORDEK November 24, 1998 City of Atascadero City Clerk 6500 Palma Ave. Atascadero, CA 93,122 Dear City Clerk; Enclosed is the Certificate of the County Clerk Results of Canvass of all Votes Cast at the November 3, 1998 Consolidated General Election,with a copy of the Statment of Vote pages for your city's election attached. Please feel free to all our office if you have any questions regarding this material. Thank you! Sincerely, JULIE L.RODE ALD, County Clerk-Recorder By Deputy Encl: 000058 SAN LUIS 08ISPO COUNTY GENERAL ELECTION 11/3!98 CITY OF ATASCADERO - MEMBER OF CITY COUNCIL Page 34. 1 Precinct Votes Tmout Pet 1 2 3 4 5 6 7 8 9 10 11 12 ------------------------ ------ ------ ----- ------ ------ ------ ------ ------ ---- CON PRECINCT 26 1078 442 41.0 29 0 215 216 163 142 1 CON PRECINCT 27 935 405 43.3 25 1 193 163 169 166 0 CON PRECINCT 28 1032 436 42.2 28 0 217 202 179 169 0 CAN PRECINCT 29 413 182 44.1 14 0 85 86 75 73 0 CON PRECINCT 105 802 314 39.2 16 0 151 143 132 128 0 CON PRECINCT 106 899 393 43.7 30 0 181 183 143 145 0 CON PRECINCT 107 938 393 41.9. .28 2 169 163 181 152 0; CON PRECINCT 108 1093 . 447 40.9 26 0 232 230 152 139 0 . CON PRECINCT 109 998 424 42.5 37 2 189 183 165 154 3 CON PRECINCT 110 993 402 40.5 33 0 163 i63 177 171 2 CON PRECINCT 111 1093 434 39.7 29 1 177 175 190 156 2 CON PRECINCT 112 1188 429 36.1 34 1 184 175 171 145 3 CON PRECINCT 113 1194 480 40.2 .28 2 231 209 186 165 . 2 . CON PRECINCT 114 996 385 38.7 26 0 173 142 . 175 149 0 CON PRECINCT 115 976 286 29.3 33 1 107 103 125 104 0 ABSENTEE COIL 26 0 293 0.0 23 2 107 114 141 129 2 ABSENTEE CON 27 0 271 0.0 18 0 138 113 111 101 0 ABSENTEE CON 28 0 302 0.0 22 0 143 146 119 108 0 ABSENTEE CON 29 0 148 0.0 10 0 63 64 60. 68 0 ABSENTEE CON 105. 0 299 0.0 18 0 124 119 139 144 0 ABSENTEE CON 106 0 234 0.0 12 0 92 98 112 103 0 ABSENTEE CON 107 0 249 0.0 20 0 90 92 127 122 2 ABSENTEE CON 108 0 237 0.0 15 1 108 106 102 82 0 ABSENTEE CON•109 0 271 0.0 16 0 121 114 122 116 0 ABSENTEE CON 110 •0 270 0.0 18 1 142 . 122 90 91 0 ABSENTEE CON 111 0 243 0.0 13 0 85 87 122 103 0 ABSENTEE CON 112 0 235 0.0 20 0 96 97 105 82 1 ABSENTEE CON 113 0 255 0.0 16 1 126 124 94 77 3 ABSENTEE CON 114 0 251 0.0 .17 0 98 107 104 101 2 ABSENTEE CON 115 0 196 0.0 20 1 77 . 64 42 73. . 2 => Precinct Totals 14628 5852 40.0 416 10 2667 2536 2383 2158 13 _> Absentee Totals 0 3754 0.0 258 6 1610 1567 1640 1500 12 =a> Total Votes 14628 9606 65.7 674 16 4277 4103 4023 3658 25 -------------------------------------------------- C O L U M N L E G E N 0 --------------------------------------------------- I-. ------------------------------------ ----------1: City of Atascadero 4: City of Atascadero 7: City of Atascadero 10: Member of City Council Member of City Council Nester of City Council Blank Votes Ray Johnson Writein Votes 2: City of Atascadero 5: City of Atescadero Matter of City Council Member of City Council Over Votes Jennifer Ragewn 3: City of Atascadero 6: City of Atascadero 9. 12:. . '. Member of City Council Member of City Council J. Mike Arrambide Henry En I----------------------------------------------------------------------------------------------- ------------------------ 000059 SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY OF ATASCADERO - MEMBER OF CITY COUNCIL Page 34. R EyC A P-------------- Voters T _t _ Pct -----1 . 3 ------ ----5 ----6 -- ? ------ ----9 ----10 ----1i aamo12 *ST 1 SUPERVISOR 3458 479 71.7 169 3 1161 1104 1010 956 0 DIST 2 SUPERVISOR 0 0 0.0 0 0 0 DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 0 0 0 DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 O 0 0 DIST 5 SUPERVISOR 11170 7127. 63.8 505 13 3116 2999 3006 2702 22 TOTAL VOTERS 14628 9606 65.7 674 t6 4277 ,4103 ' 4023. 365a . 25 22ND CONGRESSIONAL DIST 14628 9606 65.7 674 16 '4277 4103 4023 3658 25 18TH SENATOR14 DIST 14628 9606 65.7 674 16 4277 4103 4023 3658 25 33RD ASSEMBLY DIST 146M 9606 65.7 674 16 42T1 4103 4023 3658 25 BRO EWALIZATION, DIST 2 14628 9606 65.7 674 16 4277 4103 4023 3458 25 CITY OF ARROYO EGRO ATASCAD CITY OF 14628 9606 65.7 674 16 4277 4103 4023 3658 25 CITY OF GROVER BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF i1ORRO BAY 0 0 0.0 0 0 0 0 0 0_ 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 4 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 CONSOLIDATED PRECINCTS 146250 3754 852 40.o 416 0.0 258 10 2667 6 1610 1567 1640 1500 t2 36 2383 2158 13 ASSEN7EE TOTALS TOTAL VOTERS (CONS+ABS) 14628 9606 65.7 674 16 4277 4103 4023 3658 25 ................---- •------ C O L U M N L E G E N 0 --------------------------------------------- -----I 7: City of Atascadero 10- 1: City of Atascadero 4: City of Atascadero 140*er of City Council member of City Council Aember of City Cot�cil Blank Votes Ray Johnson hiritein Votes 2: City of Atascadero 5: City of Atascadero Member of City Council }Bamber of City Council Wer Votes Jennifer Hageman ] 3: City of Atascadero . 6: City of Atascadero 9: 12t Meeber of City Council meaber of City Council J. Mike Arrmbide Henry Engen ---- --- ------ ----- •-• ------ - - 000060 SAN LUIS OBISPO COUNTY GENERAL ELECTION 11/3/98 CITY OF ATASMERO - CITY CLERK Page 35. 1 Precinct Voters Trrout Pct 1 2 3 4 5 6 7 8 9 10 11 12 - 442 4l.0------- - --- ------ 0 310 6 •---- --- ----• -•-- ----- •----- ------ ------ -----• ------ COM PRECINCT � 1078 CON PRECINCT 27 935 405 43.3 104 0 297 4 CON PRECINCT 28 10032 436 42.2 131 0 297 S CON PRECINCT 29 413 182 44.1 61 0 120 1 COIL PRECINCT 105 802 314 39.2 97 0 213 4 ' CON PRECINCT 106 899 393 43.7 111 0 278 4 CON PRECINCT 107 938 393 41.9 112 1 276. 4 CON PRECINCT 108 1093 447 40.9 . 108 0 335 4 COM PRECINCT 109 998 424 42.5 127 0 294 3 CON PRECINCT 110 993 402 40.5 121 0 278 3 CON PRECINCT 111 1093 434 39.7 113 0 305 16 CON PRECINCT 112 1188 429 36.1 113 0 303 13 CON PRECINCT 113 1194 480 40.2 112 0 360 8 CON PRECINCT. 114 9% 385 38.7 100 0 261 4 CON PRECINCT 115 976 286 29.3 72 1 209 4 ABSENTEE C09 26 0 293 0.0 91 0200 3 ABSENTEE CON 27 0 271 0.0 92 0 177 2 ABSENTEE CON 28 0 302 0.0 86 0 213 3 ABSENTEE CON 29 0 148 0.0 52 0 95 1 ABSENTEE CON 105 0 299 0.0 93 0 205 2 ABSENTEE CON 106 0 234 0.0 66 0 165 3 ABSENTEE CON 107 0 249 0.0 72 0 176 1 ABSENTEE CON 108 0 237 0.0 56 10 179 1 ABSENTEE CON 109 0 271 0.0 75 0 193 3 ABSENTEE CON 110 0 270 0.0 67 0 202 1 ABSENTEE CON 111 0 243 0.0 59 0 164 0 ABSENTEE CON 112 0 235 0.0 65 0 167 3 ABSE117EE COM 113 0 255 0.0 64 0 185 6 ABSENTEE CON 114 0 251 0.0 56 0 191 ABSENTEE CON 115 0 196 0.0 41 0 154 1 »> Precinct Totals 14628 5852 40.0 1608 2 4156 86 Absentee Totals 0 3754 0.0 1035 0 2686 34 a> Totai Votes 14628 9606 65.7 2643 2 6842 120 -------------------------------------------------- C 0 L U K N L E G E'N D --------------------------------------------------- -------------------------------- --- ------------ { 1: City of Atascadero 4: City of Atascadero 7: 10: { City Clerk City Clerk { Blank Votes writein Votes { 2: City of Atascadero 5: { { City Clerk { Over Votes { 3: ty of Atascadero 6: 9: Ci12: City Clerk i Marcia Torgerson '- • --------------------------------------------- -_.---------- - ----- --------------------- -------------------------------- 000061 SAN LUIS 69ISP0 COUNTY GENERAL ELECTION 11/3/98 CITY OF ATASCADERO - CITY CLERK Page 35. R E C A P I I Voters Tmout Pct 1 2 3 4 5 6 7 a 9 10 11 12 6IST 1----------- ------ -"3458 479 71.T -- 743 -----� ' 1709 ----28 ------ ------ ------ ------ ------ ------ ------ SUPERVISOR DIST 2 SUPERVISOR 0 0 0.0 0 0 0 0 DIST 3 SUPERVISOR 0 0 . 0.0 0 0 0 0 DIST 4 SUPERVISOR 0 0 0.0 0 0 0 0 DIST 5 SUPERVISOR 11170 ' 7127 63.8 1900 2 5133 92 TOTAL VOTERS 14628 960b 65.7 2643 2 6842 120 2290 CONGRESSIONAL DIST 14628 9606 65.7 2643 2 6842 120 187H SENATORIAL DIST 14628 9606 65.7 2643 2 6842 120 331D ASSEMBLY DIST 14628 9606 65.7 2643 2 6642 120 RRD EQUALIZATION, DIST 2 14628 9606 65.7 2643 2 6842 120 CITY OF ARROYO GRANDE 0 0 0.0. 0 0 0 0 CITY 6F.ATASCADERO 14628 9606 65.7 2643 2 6842 120 CITY OF GROVER REACH 0 0 0.0 0 0 0 0 CITY OF MORRO SAY D 0 0.0 0 0 0 0 CITY OF PASO ROBLZS 0 0 0.0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 0 0 UNIMCORPORATED 0 0 0.0 0 0 0 0 CONSOLIDATED PRECINCTS 14628 5852 40.0 1608 2 .4156 86 ABSENTEE TOTALS 0 3754 0.0 1035 0 2686 34 TOTAL VOTERS (CONS+ABS) 14628 9606 65.7 2643 2 6842 120 ------ --- - ---------- C O L U M N L E G E N D 1: City of Atascadero 4: City of Atascadero 7: 10: City Clerk City Clerk Blank Votes Vritein Votes ' 2: City of Atascadero 5: city Clerk. Over votes 3: City of Atascadera 6: City Clerk Marcia Torgerson ------------------------------------------------------------------- 000062 SAN LUIS OBISPO COUNTY GENERAL ELECTIOM 11/3/98 CITY OF ATASCAOERO - CITY TREASURER Page 36. 1 Precinct Voters Trnout Pct 1 2 '3 4 5 6 7 8 9 10 11 12 CON PRECINCT----------- --1078 ----- 41.0 ---124 -----o ---314 ------ ------ -----• ------ ------ ------ ------ ------ 0--- CON PRECINCT 27 935 405 43.3 114 0 287 4 CON PRECINCT 28 1032 436 42.2 129 0 301 6 CON PRECINCT 29 413 182 44.1 60 0 121 1 CON PRECINCT 105 802 314 39.2 102 0 210 2 COM PRECINCT 106 899 393 43.7 107 0 282 4 CON PRECINCT 107 938 393 "41.9 114 0 ` .275 4: CON PRECINCT 108 1093 447 40.9 107 0 336.' 4 CON PRECINCT 109 998 424 42.5 121 1 296 6 CON PRECINCT 110 993 402 40.5 114 0 285 3 CON PRECINCT 111 1093 434 39.7 111 0 312 11 CON PRECINCT 112 1188 429 36.1 110 0 305 14 CON PRECINCT. 113 1194 480 40.2 116 0 356 8 CON PRECINCT 114 996 . 385 38.7 96 0 285 4 CON PRECINCT 115 976 286 29_3 71 0 212 3 ABSENTEE CON 26 0 293 0.0 93 0 198 3 ABSENTEE CON 27 0 271 0.0 87 0 179 5 ABSENTEE CON 28 0 302 0.0 93 0 207 2 ABSENTEE CON 29 0 148 0.0 49 0 98 1 ABSEIITEE CON 105 0 299 0.0 96 0 202 2 ABSENTEE CON 106 0 234 0.0 70 . 1 158 5 ABSENTEE CON 107 0 249 0-0 76 a 173 a ABSENTEE CON 108 0 237 0.0 54 0 178 4 ABSENTEE CON 109 0 271 0.0 72 0 195 4 ABSENTEE CON 110 0 270 0.0 60 0 209 1 ABSENTEE CON 111 0 243 0.0 58 0 185 0 ABSENTEE CON 112 0 235 0.0 66 0 167 2 ABSENTEE CON 113 0 255 0.0 61 0 188 b ABSENTEE CDN 114 0 251 0.0 55 0 190 6 ABSENTEE CON 115 0 196 0.o 42 0 151 3 => Precinct Totals 14628 5852 40.0 1596 1 4177 78 _> Absentee Totals a 3754 0.0 1032 1 2678 44 > Total Votes 14626 9606 65.7 2628 2 6855 122 -------------------------------------------------- C 0 L u R N L E G E N D I I 1: City of Atascadero 4: City of Atnecadero 7: 10: City Treasurer City Treasurer Blank Votes Writein Votes 2: City of Atascadero 5: I City Treasurer Over Votes .3: City of.Atescadero 6: 9: 12: . City Treasurer I David G. Graham ...................... --------------- ---------------------------------------------------------------------------...-_-� 000063 SAIF LUIS OBISPO COUNTY GENERAL ELECTION 11!3!98 CITY OF ATASCADERO - CITY TREASURER Page 36. 1 2 3 4 � 5 6 7 8 9 10 11 12 RECAPPaters Tr Pct ------ ------ --- ------ ------ ---- ----•- --- ------ -- ®_____ ®ao ST 1 SUPERVISOR 3458 - 479 71.7 749 U 1705 0 DIST 2 SUPERVISOR 0 0 0.0 0 0 0 DIST 3 SUPERVISOR 0 0 0.0 0 0 0 0 DIST 4 SUPERVISOR 0 0 0.0 0 0 DIST 5 SUPERVISOR 11170 r127 63.8 1879 2 5150 96 65.7 ZM 2 : 6855. 122 TOTAL VOTERS _ . .1462$ ;- 22ND CONGRESSIONAL DIST 14628 9606 65.7. 2625 2 6855 122 16tH SENATORIAL DIST 14628 9606 65.7 2628 2 - 6855 122 33RD ASSEMBLY DIST 14628 9606 65.7 2628 2 6855 122 BRD EQUALIZATION, DIST 2 14628 9606 65.7 2.628 2 6855 122 CITY OF ARROYO GRANDE. 0 - 0 . 0.0 0 0 0 0 CITY OF ATASCADERO 14628 9606 65.7 2628 2 6855 ' 122 0 CITY OF GROVER BEACH 0 0 0.0 0 0 0 CITY OF MORRO SAT 0 0 0.0 0 0 0 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 0 0 0.0 0 0 D 0 UNINCORPORATED 0 0 0.0 0 0 0 0 CONSOLIDATED PRECINCTS 14628 5852 40.0 1596 1 . 4177 78 ABSENTEE TOTALS 0 3754 0.0 1032 1 2678 44 TOTAL VOTERS (CONS+ABS) 14628 9606 65.7 2628 2 6855 122 ---------------------- ------------- C O L U M N L E G E N D ----------------------------------- ---� 1: City of Atascadero 4: City of Atascadern City Treasurer City Treasurer Stank Votes uritein Votes 2: City of Atascadero 5: City Treasurer 1 . Over. votes 3: City of Atascadero 6: 4: . 12: City Treasurer Dmrid G. Graham . ----------------------------------- ----------------------------------------- -------------------- ®00®64 M 1 Attachment: B Atascadero City Council Meeting dat e:211/2419� CTrY.COUNCIL MEMBERS: GENTLEMEN: I have heard that you are considering making the term of mayor a two year appointment. I would like to speak against such a policy. Most people who are elected to the Council would like to be Mayor. If the term is two year it eliminates half of the people who can serve. Most of the council men recently have only served for 4 years. Very fewof them would have had the opportunity to be mayor if that idea had been there. I hope you will reconsider this idea. I personally would like to see George Luna as Mayor and Jerry Clay as Mayor Pro-Tem. That would be the FAIR way to do it. Thank you for your consideration. Marjorie R. key 5504 Tunitas Av 2 4 998 Atascadero,CA 93422 CITY OF ATASCADERO CITY CLERK'S OFFICE i 000065 Attachment: C November 241) 1998 ' Atascadero City Council Meeting date: 11/24/98 Atascadera City . ouncil J 1 241998 Honorable member CITY Of ATASCADERO CITY CLERK'S OFFICE George Luna is highly respected .and admired in our community. In turn, he always respects the people who come before the council with their concerns . George researches all issues thoroughly and cooperates with staff and other council members. This town has a history of choosing mayors from the majority and from the loyal opposition. However, for the last six years the council majority has, for reasons of its own, been un- willing to choose a mayor who is not in total agreement with its views. Is it a matter of insecurity, of pettiness, or of fear of dissent. The mayor' s role is hardly a powerful one. Perhaps the cou cil majority :can be strong enough to over- come its fears and realize that to elect George Luna as mayor would be a very wise choice. Those citizens ho gave George the largest .number of votes any councilmember has received since incorporation will applaud loudly. Q�6 Dor by F. McNeil 8'7 Sierra Vista Rd. Atascadero, CA 93422 ®00®66 Attachment: D Atascadero City Council Meeting date: 11/24/98 Carol J. DeHart 4305 Lobos Ave. Atascadero,CA. 93422 ' 2 41998 RO November 24, 1998 Cin ciERiis o°F Council Members,City of Atascadero 6500 Palma Ave. Atascadero,CA. 93422 I am here to urge that Councilman George Luna be nominated by,and elected by,this council for mayor. He has served the people of Atascadero in an honorable and distinguished manner for the past six years. It is time for him to be at the helm of this city which needs someone of Councilman Luna's integrity to guide it. I would also like to express my desire that the current system to appoint the City Planning Commission members continue. I think for the City Council members to appoint Planning Commission members will rob the City of Atascadero of real democracy and any objectivity. I believe any development within this city should be a redevelopment of the downtown area. Also,having been a resident on Santa Barbara Rd. for over fifteen years and an Atascadero resident for 23 years,I have opposed and continue to oppose gross commercial development on the Dove Creek property. To me the Lakes Project smacks of southern California tract developments that I've tried to escape. The general plan must be adhered to if we are to retain our beautiful,rural, "Tree City of the Nation"reputation,as E.G. Lewis envisioned it. Sincerely, Carol DeHart 000067 Attachment: E Atascadero City Council Meeting date: . 11/24/98 NOV 2 41998 CITY OF ATASCADERO mss`, 9IFY CITY CLERK'S OFFICE y 1 61 I►!e,'/ / 000068 Y rt: V! S-jr, D ' 7455 Bella Vista N07 2 41998 I Atascadero, CA. 93422 CITYOFATASCADERO CITY CLERK'S OFFICE November 24th 1998 Attachment: F Atascadero City Council City Clerk Meeting date: 11/24/98 Atascadero, CA. 93422 Dear Clerk, Please pass this note along to the City Council for their meeting tonight. We write in support of those voices .who will speak in support of George Luna as Mayor. He deserves this honor since in the normal progression it is his turn and he was the premier vote recipient in his election cycle. He has served with a long and distinguished career. It would be lacking in courtesy for other members of the Council to deny him this post. We also want to express our hope that the method of choosing the City Planning Commission remain the same. In this way some diversity and balance can be maintained in city government and in particular in light of the recent election in which the citizens were so evenly divided. Sincerely yours, Sally and Stewart Thomson 000069 Attachment: G Atascadero City Council Meeting date: 11/24/98 rEfiTYQF 1998 November 23, 1998 Dear Council embers: RO ERKS 0 OFFICE I am concerned that my friend, George Luna has not yet served our town as mayor. He has been actively serving this community for 10 years or more, and is the only 2nd term council person to have not been selected by his fellow council-persons as mayor. I hope y u will gracefully and graciously ask him to serve as mayor on Da"mber-- -st. na Thank you, Charlotte Byrne I ask that my etter be read publicly on ` er Charlotte Byrne 4054 Tranquilla Avenue Atascadero, California 93422 000070 Attachment: H D [ Q Atascadero City Council Meeting date: 11/24/98 1' 2 4 IM CITY OF ATASCADERO CITY CLERK'S OFFICE r ,0"-76 Slue 0000'71 Attachment: I Atascadero City Council Meeting date: 11/24/98 2 41998 CITY Of ATASCADERO CITY CLERK'S OFFICE November 24; 1998 TO: Atas adero City Council FROM: Catharine H. Young Because I am unable to be at the Atascadero City Council meeting tonight, November 24, 1998, I would like to make my thoughts part of the public record. First, I would like the Council to retain the current format for the selection and number of Citizens on the City Planning Commission. I am in favor of the Commission retaining seven members. I would also like to say that I would like to voice my support for Councilman George Luna to be appointed Mayor of Atascadero. Catharine H. You g 6820 San Gabriel Rd. Atascadero, CA 93422 000072 PSG'/ 2 (998 a J�i9?- 3 , � � Attachment: J Atascadero City Council CITY CLERK S AD iR0 Meeting date: 11/24/98 ` To ; oo�,� .., a a sYS� 0000'73 f111�1t� ..1 `3t 19 Attachment: K � l Atascadero City Council eetin // M �Jg date: 11/24/98 1,2 J1 J c �C..�Eu� eco,-� /2..� c✓�-en'�� rte.- •CJ"�2.� ' Pill' 24 � CIT OF A?ASCADEW CI CLERK'S OFFICE 0000'74 Attachment: L f - Atascadero City Council 1 42 a��QOC\P—Ap CZMeeting date: 11/24/98 c" _1 O c t (/t/I.2tkA�p�l S bj) P �SSco��S S� 0WR o 2 41998 IAA (2Cor� 0000' amu -, Attachment: M Atascadero City Council LCITYOF Meeting da e: 11/24//TY S 0 E E �� GAG ) v _ L� 0000'76 Attachment: N Atascadero City Council Meeting.date: 11/24/98 cd O o o d� � U cc3 U 0000'7'7 Attachment: O Atascadero City Council Meeting date: 11/24/98 00 o y � - 0 . o a aao as Qj aoo : as as 43oa . ooaoa aoa ' ® . aaooa M EIF � � N � �aooaao aaooa •� ► •� QO ' .� 54 too• p v .o � W t3 0 . ~ 0 0 0 q p •r cc o o •� a 0 ._• cs o C a � b °' 0 � W °' E! +' U -•4 Cd00 9 aAi 0 :� ° PQ 9 o � j CS nas i o°" ° U 0 0 v I 9 � i rp� �, W v o bh ~ A a o a -d ea . 11 H ci cn v leio t_: oo 8 Attachment: P Atascadero City Council 241998 41998 r Meeting date: 11/24/98 Atascadero City Council CITY OF AIASCADERO Dear Sirs: CITY CLERK'S OFFICE It is my understanding that you are considering changing the make-up of the Planning Commission at your meeting tonight(Nov. 24, 1998). 1 am hoping that you will have an advertised public hearing before making any changes. In our form of government the various branches provide a system of checks and balances which have protected the people for many years. It may seem slow and cumbersome at times but it has been working for a long time. When our first planning commission quit almost en masse the Council acted as the Planning Commission and we missed them. We were happy when we had.anew commiss- ion in place. I hope you will continue to have the present system with the present commiss- ioners and with seven commissioners;at least until you adequately advertise your intentions. Thank you for your consideration. Sincerely, Marjorie R ackey 5504 Tunitas Av. Atascadero,CA 93422 (805-466-1811) ©000'79 Attachment: Q Atascadero City Council November 24, 1998 Meeting date: 11/24/98 Atascadero City CounciI Honorable members : This morning' s T T revealed a lot of information on B 1 .Q^ First it told us that Johnson and Arrambide "will pursue a pro- growth path to r vitalize the downtown and make it the city' s hub." Both PrOMiSE to pursue new businesses and business expansion for increased saes tax revenue . Then We are told that Atascadero ranked second lowest in the county in sales tax revenue. But Arranbide assures us revenue will come with Carlton Hotel renovation and the Dove Creek shopping cehter. �1 t-he T/T quoted Johnson, "We 've been looking at the structure and role of the lanning Commission. But we 're not doing away with it . Then Kenneth LerrLo said council members in the coming months will select planning commissioners who share the council ' s vision. ' I think it ' s important that we get a Planning Commission that is in sync with the city council . We don't have that right now. " Uae, 14-- I 'o I smell a violation of the Brown Act?) It is most important , fellow citizens , for all of us to know that this proposal to 'get the Planning Commission "in sync" with the Council began about two years ago. Thenmayor Johnson and former councilman Bob Nimmo proposed that all aD-,)ointed commissions and boards be ousted and that public application and interview process for appointments give way to having each .councilmember appoint one person to serve on the Plannin- Commission if 5 were the approved number, or the whole council would choose the other. two if the number were lefts at 7. At that time Lon Allen wrote in the Atascadero News : "Former Mayor Bob Nimmo suggested last week that having a commission out-of-sync is costly to dev lopers who are waiting to get projects approved. . . . But I disagree here . Having a Planning Commission joined at the hip with the council , regardless of -the philosophy, could be costly to the citizens of this community for a long, long time. Diversity is good and healthy and at the very roots of democracy. " . May I remind everyone here that Nimmo and those he .embraces at every election (watch the TV ads) have controlled the council since incorporation. All have - proclaimed themselves pro business . If we rank so low in revenue we must ask them, "Why have you failed®" Surley the council has always had the votes to override any out-- of-sync Planning Commission. Where ' s the beef? D T 2 94 00®®8® CITY ITY CLERK S OFFICE November 241 1998 City Council pg. 2 The first real blow I''ve seen a Planning Commission deal came last week when the Commission voted 5-2 not to approve the preliminary Redevelopment boundary map. The godfather and puppets had theirVtimetable set up for the Council to deal with said map in mid December'. (Christmas iS always a safe time to conduct .major council business--no audience. ) Naughty Planning Commission asked hard questions about redevelop— ment and the map and concluded they needed more information--all except Arrambide, who asked not a single question, and Eddins, both of whom worship at the altar of the power structure. S�ggoo OUT with- all you errant Commissioners ! We'll show you that dissent and democracy are not tolerated in Atascadero government ! The very first council in 1970 or 1980 decided on a 7 member planning commission and stated in the minutes that commissioners should be selected from the commmnity at large and every effort should be made to provide a cross section of community interests. 25 of 28 applicants showed up for interviews. viell, fellow citizens, good luck with these guys. With this council acting as the Redevelopment Agency with the power to float bonds without public approval , the power to condemn property, and no dissent allowed, we 're gonna hafta settle for dictatorship. As a government teacher for over 20• years I learned. that nowhere, no matter the constitution or the structure of the government , NOWHERE can democracy survive if dissent is not allowed. Michael Parenti is correct : Every ruling class in history has panted only one this -:. everything. He says, "If you know that and you don't know anything else, you know more that if you know everything else and you don't know that . " In order to get everything, you can't tolerate democracy, can you?- Doroth F. McNeil 8765 errs Vista Rd. Atascadero, CA 97422 000081 ITEM NUMBER: A—2 DATE: 01/12/99 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY,DECEMBER 8, 1998 PLANNING COMMISSION INTERVIEWS 6:00 P.M. The Planning Commission interviews were continued to the meeting of January 12, 1999. CLOSED SESSION 6:30 P.M.: 1) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Proper y: Mr. & Mrs. Hensley, 9085 Morro Road 2) Conference with legal counsel—existing litigation Name of case: Theis vs. City of Atascadero City Attorney Roy Hanley announced that there was no reportable action taken. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the Regular Session to order at 7:00 p.m. and Council Member Luna led the pledge of allegian e. ROLL CALL: Present: Council Members Arrambide, Clay, Lerno, Luna and Mayor Johnson Absent: None Others Present: City Clerk Marcia Torgerson and City Treasurer David G. Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief Mike McCain, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Assistant City Engineer John Neil and City Attorney Roy Hanley. 000082 CC 12/08/98 Page 1 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 APPROVAL OF AGENDA: Mayor Johnson suggested the Council amend the agenda by moving the Public Comment item concerning the Sexually Oriented Business Ordinance to the Council Reports section, #1. Also, he suggested that the Council continue the item#3 under Council Reports to their meeting on January 12, 1999 along with the Planning Commission interviews. MOTION: By Council Member Luna and seconded by Council Member Clay to approve the agenda as amended by Mayor Johnson. Motion passed 5:0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS: 1. PUBLIC COMMENT: Citizens against pornography intend to make comment about the Sexually Oriented Business Ordinance—Rusty Risch Mayor Johnson announced that this item was added to the agenda recently as a result of miscommunication between the City and the Coalition for Decency. They had asked for time with the Council to express their concerns of Atascadero's existing Sexually Oriented Business Ordinance. Curtis Clark, 6906 Portola Road, stated that he is responsible for drafting the proposed amendments to the ordinance before the Council. He explained that these amendments strengthen the existing ordinance. He expressed concern that these amendments were originally proposed to the Council 8 months ago and the Council has not responded to them. Mayor Johnson assured Mr. Clark that the Council is concerned about this issue and is interested in keeping a tight rein on sexually-oriented businesses in Atascadero. However,the Council must consider all legal aspects of this issue and make decisions wisely. Mayor Johnson also said that he takes offense to the comments in the Coalition for Decency's letters and newsletters that state the City Council is not interested in pornography, only litigation. He asked the City Attorney to give a report to Council concerning this matter. City Attorney Roy Hanley explained that he has met with Mr. Clark to review their proposal. He stated that the existing ordinance is working quite well. He explained that in Atascadero non- conforming use businesses can operate indefinitely. However, our Sexually Oriented Business Ordinance allows sexually-oriented businesses to operate for only 5 years under each CUP. This five-year limitation has previously been supported by the courts in California. He explained that the City of Long Beach has a similar ordinance as Atascadero and is currently in litigation and on appeal up to the 9'h circuit. He recommended that before taking any legal action the Council should wait to see the result of this appeal. CC 12/08/98 000083 Page 2 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 Council Member Clay asked for clarification on the statement that it is better for larger cities to litigate. Mr. Hanley responded that the larger cities in California have more money and staff to handle litigation and the smaller cities can benefit from their results. There was lengthy Council discussion and Mr. Hanley answered Council questions. Mayor Johnson stated that he had asked the City Manager to contact Bakersfield and ask of their experiences in this matter. Mr. McKinney stated that he had spoken with the City Manager in Bakersfield. He stated that they have a few adult businesses including live dancing. The City Manager of Bakersfie d indicated that they have been working on their ordinance for a couple of years, have spent $20 ,000+,have lost a City Attorney over the issue and are no closer to resolving the issue. They have encountered many of the problems that have been discussed here tonight but had no suggestions for us. Mayor Johnson asked the Police Chief to share any secondary effects that Atascadero has experienced as a result of the adult business. Police Chief Hegwood stated that the adult business has not caused any secondary effects as of this time. He said that the calls for service at the adult business location are lower than other businesses in town. Curtis Clark, 6906 Portola Road, stated that the City can not avoid litigation forever. Sometimes, you have to go to court to protect our community. He explained that in his proposal to the Council he quotes from the same cases that Mr. Hanley is quoting to the Council supporting his recommendation to do nothing. PUBLIC COMMENT Mark Sobowits, 9355 Jornado Lane, #5, stated he's the vice-president of the Coalition for Decency. He is concerned that the existing ordinance is not being enforced. He urged the Council to make sure that the Police Chief is going into business to see violations and site them. Rusty Risch, Atascad ro, stated that he is the president for the Coalition for Decency. He wants to see Atascadero remain a family-oriented city. Mr. Risch said that there are secondary effects of the adult business. He also said that families have broken up as a result of this business. He stated that he feels the existing ordinance could be stronger. Regina Foster, Paso Robles, said that she is concerned about the effects of sex toys on 18-year- olds. She asked the Council to stand up for morality. Adam Clark, 7850 N vajoa, stated that pornography effects all families. He explained that pornography hurt his family because of him living that lifestyle. He urged the Council to strengthen the ordinance. Gary Kanter, 4012 M ming Star, Huntington Beach, stated that he urges the Council to eliminate the adult business. He shared an experience he had with a large adult business and its 000084 CC 12/08/98 Page 3 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 effects on the community. He said that he understands why the City doesn't want to litigate, but sometimes you have to bite the bullet to protect the community. Whitey Thorpe, 8025 Santa Ynez, said that he is concerned about the children and the effects of this adult business on them. Roger Clark, 5501 Dulzura Ave., shared an experience he had while he was picketing the adult business. A County Sheriff's car pulled up stating that they were looking for a child molester and figured"what better place for him to come"than the adult business. Mr. Clark said that the Council needs to realize the type of people that this business attracts. Jacqueline Slayden, 8550 El Corte, addressed the issue of secondary effects. She stated that every week she sees children, age 12 and under, loitering in front of the Mr. Diamond's store, looking in the window. She asked the Council what long-term effects will there be on those children. Mayor Johnson closed the Public Comment period Mayor Johnson stated that the City Council does not want the adult business in town. He stated that we have to deal with not only the issue concerning the existence of the store, but we need to consider why there are customers going into the business. He also said that he is concerned about the comments that the Council is part of the problem. He reminded the audience that the Council has to follow the law. Mayor Johnson encouraged the Coalition for Decency and the churches in Atascadero that if he didn't have customers, the business would not exist in Atascadero. All Council Members expressed their opposition to the adult business in Atascadero. They asked citizens to work with the Council on this issue and not be adversarial. Mayor Johnson asked staff to set up a meeting with a few Council Members, staff, Coalition for Decency and interested citizens. Council Member Luna stated that we have a tool to re-locate Diamond's adult business and that is redevelopment of the downtown. Mayor Johnson called a recess for 5 minutes at 8:15 p.m. Mayor Johnson called the Regular Session back to order at 8:22 p.m. Mayor Johnson announced that we won the appeal against Merrill Lynch concerning the Orange County lawsuit. Council Member Luna stated that the current Western City magazine told that at the annual League of California Cities' meeting, Governor-elect Davis spoke to the official present. The article said that he referred to the importance of returning property tax taken from cities by the State to supplement the ERAF. Davis promised, "to make payments on a scheduled basis to 000085 CC 12/08/98 Page 4 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 restore the money we took from you." Council Member Luna suggested that staff prepare a letter to Governor-elect Davis with copies to Jack O'Connell and Able Maldanado stating that we are aware that he made this promise and expect him to follow through. Council Member Luna also asked for consensus of the Council to encourage other mayors to write similar letters. There was Council consensus to write a letter to Governor-elect Davis concerning his promise to pay back the cities and encourage other mayors to do the same. 2. Review of Tem of Mayor- Council discussion and determination of the length of term the Mayor will serve. City Manager Wade McKinney gave a brief staff report referring to the survey included in the agenda packet. Council Member Lerno stated that he supports a two-year term for the mayor. Council Member Luna stated that he doesn't think the mayor term has any effect on who is on any committee. Using the overhead projector, he also showed that the Municipal Code explains that the Mayor position is generally ceremonial. But, if the Council wants to change that and give the Mayor more authority, they would have to change the Code and put the issue on a ballot for the public to deci e (see Attachment A). Council Member Cla stated that he likes the way the mayor's term is now. Mayor Pro Tem Arra bide stated that he agrees with Council Member Luna that the Mayor position is largely ceremonial but needs to be able to run a meeting, etc. There was Council consensus to leave the Mayor's term as it is at one year. 3. Review of Selection Process for Planning Commissioners—Council discussion of the role of the Planning Commission , the history of the selection process, and future direction for the Commission. Mr. McKinney gave staff report and read an excerpt of an article from The Planning Commissioner's Journal. There was discussion of the roles of staff, Planning Commission and City Council and how they interact. PUBLIC COMMENT Mike Murphy, 9320 'Santa Clara Road, stated that he supports the Planning Commission and feels they should be allowed to review more issues and give input to the Council. 000086 CC 12/08/98 Page 5 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 Bill Zimmerman, 6225 Lomitas, expressed his concern for the possibility of the Council changing the makeup of the Planning Commission. He also stated that he is opposed to the idea of the Council Members appointing their own representative. Mr. Zimmerman stated that he feels they have an excellent Planning Commission now. Rush Kolemaine, P.O. Box 1990, suggested his preference of a 4-year mayor term. He also suggested that the Council should consider for the future four Council Members each elected by a portion of the City and the Mayor elected at large. He stated that he felt the Planning Commission is working well and doesn't need to be fixed. Mayor Johnson closed the Public Comment period. Council Member Luna stated that he agreed with Mr. Kolemaine; if it's not broken, don't fix it. He said that he is pleased with the Planning Commission as it is. Mayor Pro Tem Arrambide stated that he feels the Planning Commission should reflect the current philosophy of the Council. He would like to meet with the Planning Commission and see where they stand in relation to this Council. Council Member Lerno stated that he agrees with Mayor Pro Tem Arrambide. Council Member Clay stated that he's concerned with the negative comments that some Planning Commissioners have made of the Council. He stated that he supports leaving the Planning Commission the way it is. Mayor Johnson stated that the Planning Commission is not a policy, body. They can disagree with the Council but should not undermine a Council decision. He stated that if a Commissioner disagrees with the Council,that's fine as long as they don't make negative comments about the Council. He suggested that the Council interview each of the existing Commissioners and discuss the code of conduct expected of them by the Council. He recommended validating the existing Planning Commission in January along with the interviews to fill vacancies. Council Member Clay stated that he apologized for any negative comments he has made in response to the negative comments made by the Commissioners. Council Member Luna encouraged the annual joint City Council/Planning Commission meetings. He stated that politics brings about differences of opinions and we need to sit down collectively and discuss those differences. Council Member Lerno said that he feels some of the Planning Commissioners aren't willing to work with the Council. He stated that he feels the Council should re-evaluate the current Planning Commissioners. Council Member Arrambide suggested that the current Planning Commissioners fill out the 0 supplemental questionnaire within 30 days and have the Council review them. 00008' CC 12/08/98 Page 6 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 There was Council consensus to send out supplemental questionnaires to the existing Planning Commissioners for Council to review. 4. Appoint a Citizen to the unexpired term of Mike Arrambide on the Plannin Commission Council review candidates for a vacant Planning Commission position. Mayor Johnson stated,that this item is being continued to the January 12, 1999 meeting. COMMUNITY FORUM: Rush Kolemaine, P. ' Box 1990, agreed that the Planning Commission does not set policy. He suggested that the Co ncil try to agree on their requirements for Planning Comissioners. Steve Spratt, 295 Del Mar Court, San Luis Obispo, stated that he is the account representative to the City of Atascader for PG&E. He provided a handout to the Council concerning PG&E's Winter Watch Program(see Attachment B). George Ablin Jr.,4679 San Anselmo, a member of a group of citizens that have formed the Safety of Streets Committee. He stated that this committee is concerned with pedestrian safety in Atascadero. He submitted a petition asking for speed limits in residential areas and pedestrian paths (see Attachmen Q. Mike Murphy, 9320 Santa Clara Road, said he appreciates the fact that this Council runs their meeting in an open manner. He urged the Council to continue to allow people to speak on all issues. Dorothy McNeil, 8765 Sierra Vista, asked the Council if they have heard what they have been saying tonight. She explained that they said they believe in diversity but you want all to have the same philosophical approach. She stated that there is a conflict between these two statements. Douglas Beard,4690 San Anselmo Road, questioned why the Mayor had pulled Item#A-5. Mayor Johnson expla'ned that he was pulling the item to ask questions of staff, not to oppose it. Mayor Johnson closed the Public Comment period. 0000�� CC 12/08/98 Page 7 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 A. CONSENT CALENDAR: Roll Call 1. City Treasurer's Report—October 1998—Fiscal Impact: None (City Treasurer recommendation: Review and accept) [Rudy Hernandez] 2. Resolutions Adopting/Amending Contractual Agreement for Deferred Compensation Providers—Fiscal Impact: None (Staff recommendation: 1) Council adopt Resolution No. 1998- 056, authorizing the City Manager to execute an agreement with ICMA Retirement Account to provide a deferred compensation plan, 2) Council adopt Resolution No. 1998- 057, authorizing the City Manager to execute an agreement to amend the plan document for deferred compensation with The Hartford, and 3) Council adopt Resolution No. 1998- 058, authorizing the City Manager to execute an agreement to amend the plan document for deferred compensation with Great Western Bank FundSelect) [Wade McKinney] 3. Service Employees International Union Local 620 Memorandum of Understanding—for Fiscal Year 1998-99—Fiscal Impact: $32,000.00 (Staff recommendation: Council authorize the Mayor to execute a Memorandum of Understanding with the Service Employees International Union Local 620 for Fiscal Year 1998-99) [Wade McKinney] 4. Amended Conflict of Interest Code—Fiscal Impact: None (Staff recommendation: Council adopt Resolution No. 1998-055, updating and amending the conflict of interest code for the City ofAtascadero) [Roy Hanley] 5. San Anselmo Avenue—Establishment of 35 MPH speed limit between El Camino Real and Dolores Avenue—Fiscal Impact: $1,000— (Traffic Committee recommendation: Council adopt Resolution No. 1998-052, establishing a speed limit on the portion of San Anselmo Avenue between El Camino Real and Dolores Avenue) [Brady Cherry] Mayor Johnson pulled Item#A-5. MOTION: By Council Member Luna and seconded by Council Member Clay to approve Items#A-1,2,3 and 4. Motion passed 5:0 by a roll-call vote. Mayor Johnson asked why we cannot set blanket speed limits in residential areas. City Attorney Roy Hanley responded that speed limits are set as a result of speed surveys. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to approve Item#A-5. Motion passed 5:0 by a roll-call vote. CC 12/08/98 000089 Page 8 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 B. PUBLIC HEARINGS: 1. Unreinforced Masonry Building Ordinance - Amendment of Time Limits for Compliance —Fiscal Impact: None (Planning Commission recommendation: Council adopt Ordinance No 356 on first reading by title only, extending the time limits for compliance with the Unreinforced Masonry Building regulations) [Paul SaldanaJ Community and Economic Development Director Paul Saldana gave the staff report and answered Council quc stions. PUBLIC COMMENT Rush Kolemaine, P.O Box 1990, asked for clarification of the number of URM buildings in Atascadero. Mr. Sald na stated there are 29 privately-owned buildings and 2 public buildings. Mayor Johnson closed the Public Comment period. MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt Ordinance No. 356 on first reading by title only, extending the time limits for compliance with the Unreinforced Masonry Building regulations. Motion passed 5:0 by a roll-call vote. C. MANAGEMENT REPORTS: 1. State TransDa tation Improvement Program Candidate Projects—List of candidate projects for S lP amendment—Fiscal Impact: Will generate S1,466,000 (Staff recommendation: 1) Council approve, by minute order, the list of candidate projects for which staff will be submitting funding applications for the 1998 State Transportation Improvement rogram (STIP) amendment, and 2) Council authorize, by minute order, the re-allocation of Surface Transportation Program (STP)funds from the Portola Road Rehabilitatiori Project to the San Fernando Road Rehabilitation Project) [Brady Cherry] City Manager Wade McKinney gave the staff report and answered questions of Council. PUBLIC COMME T: None 000090 CC 12/08/98 Page 9 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 MOTION: By Council Member Lerno and seconded by Council Member Luna to approve, 1)the list of candidate projects for which staff will be submitting funding applications for the 1998 State Transportation Improvement Program (STIP) amendment, and 2) the re-allocation of Surface Transportation Program (STP) funds from the Portola Road Rehabilitation Project to the San Fernando Road Rehabilitation Project. Motion passed 5:0 by a roll-call vote. 2. Information Bulletin Mr. McKinney announced that the City's web page is up and running but is still under construction. He explained that the public can now e-mail the Council Members and the current Council agenda and previous minutes are available to the public on this site. Council Member Clay asked about the status of the banner poles on El Camino Real. Mr. McKinney explained that one organization expressed an interest in participating if others joined in but as of yet, no one else has shown much interest. D. COMMITTEEE REPORTS S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson announced that they will not be meeting until January. Water Committees Council Member Clay stated that they will be meeting Thursday. Integrated Waste Management Authority Council Member Luna noted that the California Integrated Waste Management Board is going to consider the 1995 diversion rates. The only city in trouble is Arroyo Grande. Air Pollution Control District Council Member Lemo stated that they are meeting tomorrow. Economic Vitality Corporation, Board of Directors Mayor Johnson announced that David Spaur is the new Director as of December V. Also, there is a meeting tomorrow. Mayor Johnson asked the Council Members to let him know by the end of the week what committees they want to serve on. He will be announcing his appointments at January 12, 1999 meeting. CC 12/08/98 000091 Page 10 of 11 ITEM NUMBER: A—2 DATE: 01/12/99 E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Johnson asked that staff link up with Fire, Police, Schools and Water Company and any other potential entity that could be impacted in regards to Y2K. City Clerk City Clerk Marcia McClure Torgerson asked for clarification of the Council's request concerning the Planning Commis ion vacancies. There was Council consensus to have the existing Planning Commissioners fill out the supplemental questionnaire and have them included in the agenda packet of the January 12, 1999 Council mee 'ng. Also, there was Council consensus that the Planning Commission interviews to be he(d on January 12, 1999 will be for the one current vacancy and the two upcoming vacancies of February 1, 1999. City Treasurer City Treasurer David G. Graham announced that he is planning on having a Finance Committee meeting around January 19, 1999. He stated that once Mayor Johnson has appointed the Council Members to their committees,he will notify those assigned to the Finance Committee. F. ADJOURNMENT: Mayor Johnson adjourned the Regular Session at 10:10 p.m. to the Redevelopment Agency Meeting immediately following this meeting. MEETING RECORDED AND MINTUES PREPARED BY: Marcia McClure To gerson, City Clerk ATTACHMENTS: Attachment A—Overhead projection of George Luna's Attachment B—Handout from PG&E (Steve Spratt) Attachment C—Petition from Safety of Streets Committee CC 12/08/98 000092 Page 11 of 11 ATTACHMENT A to e A scad ro City Counci_ December 8, 1998 Sec. 2-4. 18. Relations with Council. The City- Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager. The City Manager shall take his orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council, and no individual Council member shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determination or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change or modify any such action, determination or omission except by the affirmative vote of at least three (3) members of the City Council. Sec.24.19.Attendance at commission meeBngs. The City Manager may attend any and all meetings of the Planning Commission,and any other commission, board or committee created by the City Council,upon his own volition or upon direction of the City Council.At such meetings which the City Manager attends,he shall be heard by such commissions,boards or committees as to all matters upon which he wishes to address the members thereof.He shall Inform such members as to the status of any matter being considered by the City Council,and he shall cooperate to the fullest extent with the members of all commissions,boards or committees appointed by the City Council. Sec.24.20.Removal;method;notice. 000093 ATTACHMENT #B Atascadero City Council Pacific Gas and December 8, 1998 Electric Company- Winter Watch 98-99 �u e This year La Nina is expected to bring wetter than average weather to W E DELIVER ENERGY."' California,particularly in communities from San Francisco north While La Nina is not expected to pack the intensity of II Nino,prolonged rains can saturate the ground,causing problems which affect power lines and poles.Rain or shine, high winds also increase the risk that power facilities may be damaged • ' • ■Over 5,000 men and women form the What we do to keep the lights on PG&E crews who deliver energy to Did Norte ■Pacific Gas and Electric Company customers,day and night Close to 1,000 county Si*u Eounrycustomer service representatives are delivers natural gas and electricity to approximately 12 million people in available for customers 24 hours a day, 48 counties throughout Northern and 7 days a week at our call centers. Central California We operate 110,000 Thousands more employees provide miles of power lines and 70,000 miles engineering,logistics and communication Numbdat county Malta faun of natural gas pipelines throughout our support behind the scenes. Uiniq(aunty las:en County 70,000 square mile service territory. �• , Y® We patrol our lines yearly and use How customers can be prepared,too new technology to detect and repair tebama Countypotential problems. 0 Have at least one flashlight available for Plums County each family member. Ensure there are ■There are over 2.1 million wooden utility fresh batteries close at hand. PG&E Built�o poles in PG&E's electric system.PG&E recommends against using candles.They Mendoam Eau Glenn County County Siem tests every pole for structural strength, •r nq can start fires and should be avoided. then treats each with a preservative to Wusa County Neeada Eon prevent decay. In 1998,we tested and ■Keep a battery-powered radio handy Sun r Tuba Coul q County treated about 350,000 poles.We with fresh batteries,as well as a fully Cake Canary Phar County replaced or reinforced about 25,000. stocked first aid kit. Colo County uP;ne ■4.5 million trees grow in the vicinity 0 Maintain a supply of bottled water,a Sonoma County EI Dorado County Napa County (ounq of PG&E's overhead power lines. manual can opener,a battery-powered Sminem Magor PG&E has one of the most or wind-up clock and non-perishable Solana Counly Couaq County successful vegetation manage- canned and dried food. Hada County Calms County ment programs in the Son Joaquin T,ob,m„it County , ■Fill a couple of two-liter plastic bottles Contra Casa CountyEounh country. In 1998,we safely with water and put them in the freezer. San Eanritto uzmedz pruned 2.1 million trees.. If the power goes out,move them to the County Saaalaus County M'rP07 County refrigerator compartment. By minimizing SanMauo Sant U the opening of the refrigerator door tounq tomttr nerted.tannq during a prolonged outage,perishable , food may stay fresh for up to three days. Madera County Sana wt tb,mr Treat all downed wires as if they carry Sa m beam t0"ry current Do not touch or try to move County them. Keep children and animals away, Mo County and report downed lines immediately to SAN LUIS OBISPO COUNTY Live loamy PG&E and 9 I I. Eounq, During severe storms . ..,, • other emergencies,we San lois 0i County _' Customer service: 1.800.743.5000 coordinate our ' ' Storm information line.1.800.743.5002 249,000 . • . . • tem County, over or visit our website: httpolwww.pge.com Luis Obispo County _ through Sam Carbon foamy service centers e . '-- Pismo Beach, 000094 Obispo f ATTACHMENT #C Atascadero City Council December 8, 1998 Safety On Streets Petition to Atascadero City Council 0 We,citizens of San Luis Obispo County and residents of the community of Atascadero,have formed the Safety of Streets(S.O.S.)committee,in an effort to express our concerns over the unsafe and imminently dangerous conditions of our community streets.This was sadly demonstrated recently by a serious accident involving pedestrians. On September 23, 1998,a visiting grandmother was walking her two-year-old grandson in a stroller along a local street,when they both were struck by a vehicle. The grandmother sustained serious head injuries,and the child recieved two broken legs and multiple head lacerations. After treatment of both at Twin Cities Hospital emergency room,both were hospitalized at Sierra Vista Hospital,where the grandmother was placed in the Intensive Care Unit.This serious accident emphasizes the imminent need for our City Council,Community Development Committee,Public Works Department,and Traffic Committee to take active steps to improve the safety and quality of our streets. We feel that it is a reasonable request that children and adults be able to walk on our residential streets without fear of serious injury by vehicles. Currently there is a significant lack of walkways, sidewalks,and speed limit signs,which currently means that pedestrians must share the road with vehicles which can legally travel from 35 to 55 mph on our residential streets! Previous attempts to fix these problems have failed miserably,or have been abominably slow. Excuses for the city's inability to make these improvements have ranged from: "That's not our job", "We have to do another study","The study is not done yet", "The police cannot participate in this study","The police have a vested interest in this study","These are not residential streets", "We have worry about the impact of suits due to issuing the resulting speeding tickets",and culminating inevitably with"We will review this again at a later meeting".Our last attempt to have a sinele 35 mph speed limit sign installed on the east side of San Anselmo Road,which was deemed feasible and reasonable by the cooperative Atascadero Police Department at our first Traffic Committee meeting,has been delayed for approximatelv nine months! In a meeting with the Traffic Committee on January 21, 1998,after some city officials and employees scoffed at our suggestions of additional stop signs,speed limit signs,warning signs,speed bumps,and/or sidewalks(or walkways on one side of the street),we asked: "What will it take? Will you have to wait until someone is hit before you will make these streets safe for pedestrians?" Unfortunately,that serious accident has finally occurred! We feel that the city is partially responsible for this due to their inability,repeated delays,and poor response to our requests to make our community streets safer for pedestrians. We call on our public officials to take definitive steps to ensure public safety on our streets. Such steps include the following: 1. Pedestrian safety must be given higher priority in the determination of speed limits, posted and non-posted,in our community. 2. Pedestrian safety must be given higher priority in the determination of roadway construction,modification(i.e.sidewalks,walkways,crosswalks,lighting),and maintenance. 3. Additional stop signs and warning signs at busy intersections,blind curves,limited- sight roadways,and obstructed intersections. 4. Reclassify specific/most Atascadero community streets as residential,which would limit the vehicle traffic on those streets to a 25 mph speed limit,unless otherwise posted. Then,determine which streets warrant higher posted speed limits. 5. Posting and enforcing speed limits of 25 mph and 35 mph in these residential areas,in a timely manner.Deadlines for completion of necessary studies and placement of signs should be set,and any delays should be publicly reported. 000095 6 Paint mgof crosswalks,with placement of appropriate warning signs,at busy pedestrian crossings,particularly at schools and near geriatric facilities. The current situation at San Benito School deserves immediate attention and remedy. 7. Possible placement of speed bumps or other traffic-slowing devices in.well-known resi ential areas of speeding cars; 8. Definitive deadlines and time limits must be set for future traffic studies and street safety revi-.ws requested by Atascadero community residents,so that such safety issues can be solved expeditiously. 9. Set up community safety zones,with lower speed limits or other safety measures,in ara s where a majority of the residents in those areas agree to those designations. Per ps a new"community-residential" street classification could be enacted,which wot Id allow special safety considerations and restrictions for vehicle traffic and ped strians. Such a designation or classification might be made by the consent of the majority of residents living along a section of street(for example,a 1/4 mile section of str t),with official approval by the Traffic Committee. Commercial zones would probably need to be excluded. 10. Other improvements that the City Council,Community Development Committee,Public Works Department,and Traffic Committee might propose to increase public safety on our streets,and to remedy such safety issues in a more timely and efficient manner. We,the undersigned members of our community,asked that the City Council take up these imminent safety issues and suggestions,and feel that failure to address these recognized safety concerns will increase the finaicial and moral liability of our City and County for its residents,and for visitors in our community. We are not claiming that any particular individual or department is responsible,but feel that there is a general inability for the current system to respond in an efficient and timely manner on these legitimate and imminent community safety concerns. "What will it take?Will we have to wait until more ole are hit fore you will make these streets safe for destrians?"We want Safety on Streets! ............ ... ... . ign and not name address ` 1lf. .. .. ....��?. ...... 4 ..� ....... lnSj 5 4 . J ' ....... . . .......................................ii.... ... ... ., J ' ......r .. ...6.I �Lwjn .R� ......97..9......:.*,l.A6F,4%KP...........::..:..:.:. Ck—AxUAo tCL)vt.,-( A. OA►MI.A 4e6 Lo S�� &j,,I3.moo Zo ATX, . CA ........................................... ......................................................... .�.................. s Rvr n• a✓ ,� �I moo ' � ...............%7.3�Z r ..�}�... AL-11-A.49h� b'� ��-�— ..... .... .............. .... ......... ................. 000096 Safety on Streets Petition to Atascadero City Council r��. ............... ............ .................. ... ......... ................... .......... sign rint name address y � � r . - . ..1. ........ C . . ...... . / - _ .................. 1 . ... ... . .................... .... .... . ..... ...................... .. .. . .. .Im ...... ...-.......C�.. .:en...�i�.R.4.1�- .... .0Do....��/t?'.a��.s................................. .. dAll . . . .................. �..... ......... ................. .......U4 .......... ............................................................................ .............................................................................. . ............................................................................ .............................................................................. .... .. ............ ................... .. .. ... ....... ......... ..... . .. . ... ......... ........ .............. . ............................................................................ .............................................................................. ............................................................................. 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.............................................................................. . ............................................................................ ............................................................................... ............................................................................ ............................................................................... ............................................................................ .............................................................................. ............................................................................ ..................................:........................................... 00009'7 Safety on Streets Petition to Atascadero City Council ............................................................................ ........................ .................................................... sign and p dnt name address .......................................................................... .................... ............................................. .................................. ......................................... .............................................................................. . .................................. ......................................... .............................................................................. ................................... ......................................... .............................................................................. .................................. ......................................... .............................................................................. .................................. .......................................... .............................................................................. .................................. 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..................................... ............ .................... . ........................................ .............................................................................. ............ .................... .......................................... ............................................................................. ................................. .......................................... .............................................................................. ................................. .......................................... .............................................................................. ............................... . ........................................ .............................................................................. .000098 ITEM NUMBER: A - 3 DATE: 01/12/99 n rias iae a er's AS City Man enda Report Wade G. McKinney SEPTEMBER 1998 ACCOUNTS PAYABLE & PAYROLL RECOMMENDATION Approve certified City accounts payable, payroll and payroll vendor checks for September, 1998. DISCUSSION Attached for CiLy Council review and approval are the following: Payroll Period I-Ind 08/28/98 Ck. #36575-36727 $ 134,589.93 Periodnd 09/11/98 Ck. #36763-36910 134,777.98 Periodnd 09/25/98 Ck. #36937-37077 129,112.52 Special Payroll Dated 9(11/98 Ck. #36747-36755 2,219.88 Dated 9(28/98 Ck. #36932-36936 4,971.59 Pa roll Vendors Dated 0)/04/98 Ck.#36730-36746 46,310.31 Dated 0)/11/98 Ck. #36756-36762 35,191.63 Dated 0)/18/98 Ck. #36911-36931 46,026.12 Dated 0)/30/98 Ck. #37078-37089 42,132.40 Dated /30/98 Ck. #37090-37097 36,362.51 Accounts Payable Dated September 1-30, 1998 Ck.#-63988-64339 358,884.96 Ck. #EFF33-EFT36 74,545.34 40 TOTAL AMOUNT $ 1,045,125.17 000099 City Manager's Agenda Report September 1998 Accounts Payable and Payroll Page Two FISCAL IMPACT Total expenditures for all funds is $1,045,125.17 CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Dated: December 24, 1998 (2,�,, Q R., L2 a,4 Rachelle Rickard Administrative Services Director Approved by the City Council at a meeting held January 12, 1999. Marcia M. Torgerson, City Clerk ATTACHMENT: September 1998 Warrant Register in the amount of $433,430.30 000100 a Q ! W L CL F `L`L't`L L'L `L`L'L`L'L'L `L'L G G `L 'L`L`L 'L:•L `L'L-`L`L'L`L 'L'L O F 1' L.Y - Z >- ¢ 1 ¢¢ W % CCFWF W WLWW wwWW WW WLWW WL WCCWW WW_WW WW WW WW W LI UUCC 022ZCO SSS SSmXSSS X2SSS2SGiS2iSSSSSSSSS 1• trH¢ P A a_>•OP UUU UUUUUL' UU UU UU UUUAUUUUUUUUUUUUU W # . I L?WH 1 -0'P LSi:.x�3 aaaAAP AA aARAARAAaa WAaAaaAA aAaa Aa l.". I SSA C\W s_ >¢ Q¢¢+•tWW W WWW WW WW WW WW WWWW >W WW WW WW WW WW WW ¢a F 1= ! 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W� i , w f:J oxa >_ Z Zt•+o-+C!FF F `Lr �+x.-� Lim. r : G9."q sTA S,-, S5 CSLG6 u 4 t, cc.acac 'IN cacacc:y F-+ c m NNNC:{V C..NCl;NCl. C'.li C?ui•+" SL`,S �S SSSC61 S:iS s ter.•r P..� £ , �Q� caa�' a". C' ^aac . .C:.s. .� 000108 -Y C\ Ill _ - ` - __—___- ITEM NUMBER: A - 4 DATE: 01/12/99 iais � is a City Mana er's Agenda Report Wade G. McKit ney OCT DBER 1998 ACCOUNTS PAYABLE & PAYROLL RECOMME ATION Approve certific d City accounts payable,payroll and payroll vendor checks for October 1998. DISCUSSIO Attached for City Council review and approval are the following: • Payroll 11 Period End 10/09/98 Ck. #37098-37267 $ 129,537.62 Period End 10/23/98 . Ck. #37289-37424 123,608.81 S ecial Payroll Pa roll Vendors Dated 10/15/98 Ck. #37268-37288 49,055.03 Dated 10/30/98 Ck. #37425-37442 45,391.19 Dated 10/31/98 Ck.#37609-37616 32,352.98 Accounts Pa able Dated October 1-31, 1998 Ck.#-64340-64727 599,202.59 Ck.#EFT37-EFr38 47,359.60 TOTAL AMOUNT $ 1,026,507.82 000109 City Manager's Agenda Report October 1998 Accounts Payable and Payroll Page Two FISCAL IMPACT Total expenditures for all funds is $1,026,57.82. CERTIFICATION The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Dated: December 28, 1998 (20 1�-, Ra belle Rickard Administrative Services Director Approved by the City Council at a meeting held January 12, 1999. Marcia M. 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C'?':.'. w ^^ ..,ma M GJ C? \\\\\\\ CJ:d74NN:j, ^vNN .J •r•,7J:4"d ^¢ 1.CJ:•i d INN N zi1J�11 - r� ^J;^vN:3N"I Cl NN .d \N0:CQCJ•'4N74Z.NCI. i ^JNCJ^Q"A 1—' !!5 i :may+-'CiMC07,C:(mow L•.-+''CJMC %?v'�wL�L '-`C•iMr=7�.\ Y T C,.^'.E S s S S'S 4 S v ,-..+,-s r,•,.+,•,,�,-.r N N N N N N N N �,•, •,•c g• £ •a• y. �' r =" e•I:rvrc a � �• ca• r• Q'� at3t' CI"i CIi' l7•7 13•.v • v 17 1.; %L.?�;.ti�'t.^v .7 �;•?v•7•;•7 C=.. 5S6 :QSS65iS SC6 G9:' S- M, 000119 ITEM NUMBER: A - 5 DATE: 01/12/99 oil i9ia � �a s • X11 City Manager's Agenda Report Wade G. McKinney 2-Hour Parking zone—Traffic Way RECOMMENDATION: The Traffic Committee recommends Council adopt Resolution no. 1999-005 designating a portion of Traffic Wa as a 2-Hour Parking Zone. DISCUSSION: Due to the adult scho l located at the corner of 01meda and Traffic Way, most or all of the on- street parking is occupied, leaving no parking for the businesses in the area.The Atascadero Unified School District was notified of this problem and a representative addressed the Traffic Committee. Although an on-site parking lot for the school is in the planning stage,no assurances can be made that the parking situation will improve, and with the planned expansion of the adult school, will probably worsen. The school district ha3 obtained permission to park at the National Guard Armory when the facility is not being used and will encourage their students to utilize that parking. FISCAL IMPACT: The cost of posting will be approximately $400.00 to be paid out of currently budgeted street division funds. RESPONSIBLE EPARTMENT: Community Services ATTACHMENT : Resolution No. 1999-005 - 000120 RESOLUTION NO. 1999-005 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DESIGNATING 2 HOUR PARKING ON A PORTION OF TRAFFIC WAY WHEREAS, Section 4-2.1101, et. seq., of the Atascadero Municipal Code allows the City Traffic. Engineer to designate limited time parking areas, and to place and maintain appropriate signs or markings indicating the same; and WHEREAS, long term parking in this area creates a hardship for local businesses. WHEREAS, the Traffic Committee has studied the traffic problems at this location and has determined that establishing a "2 Hour Parking" zone as shown on the attached Exhibit A will improve the situation. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings as indicated on attached "Exhibit A". On motion by Councilman , and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: • ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON RAY JOHNSON City Clerk Mayor APPROVED AS TO FORM: ROY A. HANLEY City Attorney 000121 EXHBIT A RESOLUTION NO. 1999-005 OLMEDA AVENUE w d H O w z w a LEWIS AVENUE I SHADED AREA INDICATES 000122 2 HOUR PARKING ITEM NUMBER: A - 6 DATE: 01/12/99 SO min rias ® iaa CAD�� City Mana er's Agenda Report Wade G. McKinney Purchase of 22 Passenger Accessible Bus through State Department of General Services RECOMMENDATION: Staff recommends: Council adopt Resolution No. 1999-009 authorizing the State Department of General Services to purchase a 22 passenger accessible bus for the City of Atascadero. DISCUSSION: Back ound: Each ear the State of California Department of General Services solicits bids for � P a wide variety of equi ment, materials and services. Other governmental agencies are provided with the results of the e bids and allowed to purchase these goods through the state for a service fee of 1% of the purc ase price, to a maximum of$5,000. Considerable staff tirrie is saved by eliminating the need to prepare specifications, advertise bids and evaluate results. On average,the City of Atascadero purchases one transit vehicle per year. Based upon previous purchases,the cost offered by the state is very competitive. FISCAL IMPAC The total cost of the bus, including state service fee and sales tax is $45,879.00. Funds in the amount of$50,000 ar available in the Community Services Department=Dial-A-Ride 1998/99 Budget. These funds a the result of an Urban Mass Transit Assistance Section 18 Matching Fund Grant, which w 11 reimburse the city up to 80% of the procurement costs for this vehicle. The remaining 20%, ill be funded with Transportation Development Act funds. After delivery,the vehicle will receive a new radio, farebox and custom painting. The total cost of the vehicle will remain within the $50,000 budget. 000123 ITEM NUMBER: A - 6 DATE: 01/12/99 ALTERNATIVES: Alternative#I- Council may choose not to adopt Resolution No. 1999-009 and direct staff to prepare documents and advertise for bids. There is potential for receiving lower bid, but due to the excellent pricing available from the State of California, the potential is remote. In addition, considerable staff time is saved using the state bid process. Alternative#2- Council may choose not to adopt Resolution No. 1999-009 and not approve the purchase of a transit vehicle at this time. This would result in a cost savings of approximately $10,000 of Transit Development Funds. However,this would have a negative effect on operations. RESPONSIBLE DEPARTMENT: Community Services Department ATTACHMENTS: Resolution No. 1999-009 000124 RESOLUTION NO. 1999-009 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS Be it resolved thal the City Council of the City of Atascadero does hereby authorize the Procurement Divi ion, Department of General Services of the State of California, to purchase one current 22 passenger transit vehicle for and on behalf of the City of Atascadero pursuant to Section 10324 of the California Public Contract Code, and that Brady Cherry, Director of Community Services, is hereby directed to sign and deliver all necessary request and other documents in connection therewith for and on behalf of the City of Atascadero. I hereby certify that the foregoing is a true and correct copy of the resolution duly and regularly adopted by the City Council of the City of Atascadero at a meeting thereof held on the 12th day of January, 1999, and that the same now appears of record in my office. On motion by Councilmember , and seconded by Councilmember , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES:, NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By MARCIA M. TO GERSON RAY JOHNSON City Clerk Mayor APPROVED AS 170 FORM: ROY A. HANLE City Attorney 000125 ITEM NUMBER: A - 7 DATE: 01/12/99 rail ! 1 >9 9 A>r moi City Mana er's Agenda Report Wade G. McKinney nreinforced Masonry Building Ordinance RECOMMENDATIONS: Staff recommends Council adopt Ordinance No. 356, an"Ordinance of the City Council of the City of Atascadero A ending Chapter 12 of Title 8 (Building Regulations) of the Atascadero Municipal Code changing the time limits for compliance with the Unreinforced Masonry Building regulations" on second reading by title only. DISCUSSION: On December 8, 1998 the City Council conducted a public hearing to consider amendments to the City's Unreinforc d Masonry Building mitigation ordinance to extend the timelines for compliance with the regulations. The Council adopted the ordinance and introduced Ordinance 356 for first reading. The Ordinance will go into effect 31 days following its adoption. RESPONSIBLE EPARTMENT: Community Development ATTACHMENT : Ordinance No 356 -000126 ORDINANCE 356 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 12 OF TITLE 8 (BUILDING REGULATIONS) OF THE ATASCADERO MUNICIPAL CHANGING THE TIME LIMITS FOR COMPLIANCE WITH THE UNREINFORCED MASONARY BUILDING REGULATIONS The City Council of the City of Atascadero, California does ordain as follows: Section 1. Section 8-12.105, subsections 1, 2, and 3 are hereby amended to read as follows: 1. On or before January 1, 2005, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or 2. On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this Chapter; or 3. On or before January 1, 2005,plans for the demolition of the building. i Section 2. Appendix Table No. 12-B (Time Limits for Compliance) is hereby amended to read as follows: From date of permit issuance Deadline for Building permit issuance Rating Occupant submission of deadline for strengthening Commence Complete Classification Load rehabilitation plans or demolition Within Within I Any January 1,2005 January 1,2005 180 days 3 years II Any January 1,2005 January 1,2005 180 days 3 years Section 3. The City Clerk shall cause this ordinance to be published within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the California Government Code; the Clerk shall also certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. • 00012'7 Section 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31" day after its passage. On motion by and seconded by , the forgoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE DOPTED: By: Mayor ATTEST: Marcia M. Torgerson, City Clerk APPROVED ASTO FORM: Roy A. Hanley, City Attorney 000128 ITEM NUMBER: A - 8 DATE: 01/12/99 1918 5-79 City Managers Agenda Report Wade G. McKinney Acceptance of Final Parcel Map AT 98-231 (11750 San Marcos Road: Lindsey) RECOMMENDATION: Staff recommends Council accept the Final Map for approved Tentative Parcel Map#98011. DISCUSSION: Tentative Parcel Ma #98011 was approved by the .Planning Commission on November 17, . 1998. All Conditions of Approval have been satisfied and a Final Map is in substantial conformance with the approved tentative map and has been approved and signed by the City Engineer. The approval of a final map is ministerial if the final map conforms to a properly approved tentative map and the subdivider has compiled with all the conditions of approval attached to the tentative map. Approval of the final map is in effect a confirmation that the tentative map requirements have been fulfilled. The City Council is required to approve the map if it conforms to all the requirements of the California Subdivision Map Act and the local subdivision ordinance. (Government Code Section 66458). The Map is in conformance with all conditions and requirements of the Map Act and local ordinances and theref Dre is in a condition that it can be recorded with the appropriate easements and agreements. FISCAL IMPAC None. RESPONSIBLEDEPARTMENT: Community Development Department 10 ATTACHMENTS: Attachment A--Approved Tentative Parcel Map 000129 n 163 ■ 1 9 Attachment A cAu � Approved Tentative Parcel Map TPM#98011 a uw N 1 nIV, IM f 1 WIL OVOH ONV13JlryO1NVS C V �Y .49 4 � f W .;_ . ; 000130 ITEM NUMBER: B - 1 DATE: 01/12/99 • i ®'i iii Isla ® 19 ger's Agenda Report City Man Wade G. McKinney Conditional Use Permit #98013 (13000 Atascadero Road/Gearhart) RECOMMENDATION: Staff recommends that Council adopt Resolution No. 1999-008, approving the appeal and Conditional Use Permit#98013 subject to certain conditions. DISCUSSION: • Background: The Planning Commission considered the subject Conditional Use Permit application at a public hearing held on November 3, 1998. Upon consideration of public testimony and ensuing discussion, a motion was made and seconded to approve the Conditional Use Permit applicat' n. That motioned failed 2:4. The Planning Commission minutes are attached (Attachment E). The applicant is now appealing to the Council. Anal The subject site is the Eagle Creek Golf Course located on the southwest corner of the Highway 101/Santa arbara Road intersection (Attachments A & B). The site lies within a designated Recreatioi zone wherein buildings are limited to thirty-five (35) feet in height and uninhabited structure3 such as the subject poles and netting materials are limited to fifty (5 0) feet in height.' The principal use of the,property is a nine-hole golf course. Accessory uses are typical of a golf course and include a driving range, putting green, pro shop and restaurant. The site was developed fairly recently, and the new uses seem to be running smoothly with the exception of two (2) problems having to do with driving range: lighting and errant golf balls. The lighting situation is currently being handled as a code enforcement case and is a separate issue from the Conditional Use Perr.iit application now being reviewed. On March 4, 1998, the City received plans for the construction of netting around the driving range at the Eagle Creek Golf Course. Following the plan check process, a building permit for the netting was issued on March 10, 1998. ' Zoning Ordinance S ctions 9-4.113(a) & 9-4.113(b)(4), respectively 000131 ITEM NUMBER: B - 1— DATE: - 1DATE: 01/12/99 On September 14, 1998, a neighboring property owner complained that errant golf balls from the driving range were landing on their property on a regular basis (Attachment C). Besides just creating a nuisance, neighbors allege golf balls have caused property damage and constitute: a threat to personal safety. The letter referenced a conversation the neighboring property owners had with the golf course owner (current applicant) whereby it was agreed the netting should be extended in height as a means to resolve the problem. On September 24, 1998, the applicant filed an application to have the building permit for nettig revised to show additional netting height where necessary to ensure all golf balls will e contained within the driving range area (Attachment D). At fifty (50) feet in height the existing netting is the maximum height allowable without special approval. Therefore the requested revision was rejected and the applicant was advised that a Variance would be necessary. It should be noted that staff's initial determination was that an exception to the 50-foot height limit could only be granted by Variance. On further review of the Zoning Ordinance, however, it was discovered that height limitations are more appropriately modified by conditional use permit. The Zoning Ordinance reads as follows: "The height limitations of this Section may be modified through Conditional Use Permit • approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. -2 Considering that the project is to protect the neighboring residential property and has no impact on fire protection , the findings can be made. In addition, the Zoning Ordinance provides that conditional use permit approvals can be limited to a specified period of time or approved with a condition that requires periodic review.' Hence, if the netting is not effective for its intended purpose or if it introduces new problems not presently identifiable, the approval can be modified or revoked.' The additional netting proposed is the same material that presently exists and therefore should not introduce new or substantially different visual effects. If complaints are received about the netting,the Conditional Use Permit can be scheduled for considered. Environmental Review: The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under the Class 1 exemption for alterations to an existing structure involving no expansion of use beyond that previously existing.' 2 Section 9-4.113(b)(1) 3 Verbal discussion with Acting Battalion Chief, Atascadero Fire Department a Section 9-2.109(c)(2)(iii) 5 Zoning Ordinance Section 9-8.105 000132 s State CEQA Guidelines, Section 15301 ITEM NUMBER: B - 1 DATE:-01/12/99 Conclusions: The proposed Conditional Use Permit application is consistent with the General Plan and, with the obvious exception of height limitations, complies with zoning standards. Approval of the pro' ect would not have significant environmental effects yet it would provide necessary protection o both golfers and the owners/occupants of the adjacent residence. FISCAL IMPACT: Whether the subject appeal is approved or not,the fiscal impact would be negligible. ALTERNATIVES: Alternative #1 — The Council could deny the appeal, and therefore the Conditional Use Permit application, by adopting Resolution #1999-007. Under this alternative, fencing could not be extended any higher, The applicant would have to either (1) find another way to confine golf balls to the site or ( ) be potentially liable for any property damage and/or personal injuries that result from errant go If balls. Staff does not support this alternative because the fencing proposed is reasonable, the protection it would provide is necessary and no better alternatives have been presented. The possibility that the top of the driving range could be fenced has been considered and rejected because (1) it would adversely effect use of the driving range and (2) it would have much greater visual impacts. Alternative #2 — The Council could approve the Conditional Use Permit application subject to conditions that differ from those recommended by staff. A condition could be imposed, for example, that allows fencing along one side of the driving range but not the other. The Applicant is agreeable to this modification and it would minimize the change to the existing improvements. RESPONSIBLE DEPARTMENT: Community Development ATTACHMENTS: Attachment A--Location Map (General Plan) Attac ent B --Location Map (zoning) Attac ent C --Letter from Neighbor Attac unent D -- Site Plan and Fencing Detail Attac ent E—Planning Commission Minutes Attac ent F -- Resolution Upholding Appeal Attachment G--Resolution Denying Appeal 000133 ���.� � © l �.Q�,,►► ,1� 1111 � ,��.� ,:. -•� _ - _ �►����.,,►,,v� ��►1111 ��, � VR � u41"•a.�. 1� . Ralik MA w" _ ® V r �s 1 �► S I NA / R n '9 Attachment B Location Map (zoning) CUP#98013 VO P(FH o- c (F ) Q "o R S �A �O Pr 1 ' < m z RS 4s �O t Z _ OAD I p F x " / H 5�'7"t �CIGNt3vvRINC� a SES�OE'NC � 000135 rs '9'g o ''a Attachment C CAN] Letter From Neighbor . CUP#98013 William and Nancy Bowman 13105 Atascadero Rd Atascadero CA 93422 September 14, 1998 Eagle Creek Golf Course 13000 Atascadero Rd Atascadero CA 93422 Dear Sirs, We are writing regarding a problem we have discussed with several principles of the golf course--namely,the golf balls being hit from the driving range onto our property. We have anywhere from 40 to 75 balls in our yard each day. We were willing to overlook the nuisance factor of this(just like the target that emits a loud blast of sound each time it is hit)in an effort to be good neighbors. We have returned all the balls we've retrieved since we know they are an expense for the driving range. We have also been co-operative about the property damage we sustained when our truck was dented by a golf ball. Bruce White verbally agreed to pay for this damage,which was agreeable to us. We have not discussed with you what will happen about any future damage, which is bound to happen. Aftemll,the driving range has only been open 6 weeks,and we have already had one vehicle damaged. But we feel that something can be worked out about that. What our main concern is,and what cannot be so easily remedied,is injury to one of our family or animals. Some balls hit our out-btiildings with such velocity that there is no doubt that, were they to hit one of us, it would cause severe injury or even death. This situation cannot be allowed to continue. Kelly Gearhart told us on Thursday,Sept 10, 1998,that the nets were there to add an additional 20 feet of height to the existing nets. We are hopeful,as you must be,that this will resolve the existing problem. The additional nets must be put up with the greatest expediency—certainly within one week. It is unacceptable that our family should continue to be at risk of injury in our own home. We trust that you will understand the immediacy of our request and act accordingly. Sincerely, 000136 Ali! 19 Attachment D, Page 1 Egp Fencing Location/Details CUP#98013 ! I I i - / 1 LI M a •r I i . Q J I / j •, I it � i � G ii`i� LE 1 � V i &. �'N (� V � � i ( �. ► � � � � ' I i IIS NN 000137 I is—is , e Attachment D,Page 2 �Egp, Fencing Location/DetaiIs CUP#98013 s.e- '�,4,:.L— - 31e"NSS bog 4�:•.. t • ( 1 t 50• 1 3 J ( ) l tit��'wg t'O�iib��l.YNt)�+J4A��CT GIIS\�b5 BNai.M��.eaNGpy�I . t 1 000138 . ATTACHMENT E PLANNING COMM. MINUTES CUP #98013 Planning Commission Meeting—November 3, 1998 Page Eight of Thirteen 4. Conditional Ilse Permit 98013— 13000 Atascadero Road (Eagle Creek Golf Course) (Kelly Gearhart) Request to exceed height limitations for poles and netting material along both sides of the driving range at the Eagle Creek Golf Course. (Staff recommendation: (1) Adopt Resolution N PC 1998-038, thereby approving Conditional Use Permit #98013 based on certainfindings and conditions) (Commissioner Arrambide stepped down for this item only because of the possibility of a conflict). STAFF RECOMME NDATION: (Gary Kaiser) Staff recommends that the Commission: 1. Adopt Resolution No. PC 1998-038, thereby approving Conditional Use Permit#98013 Based on certain findings and conditions. Gary provided the staff. There were comments from the Commissioners regarding the possibility of extending the netting and then enclosing t ie driving range by putting an additional net over the top. There was concern over wind ar d structural calculations; and visual impacts. TESTIMONY: John Falkenstien, applicant's Engineer — said the applicant agreed with the staff report and he offered to answer any questions. Commissioner Eddings inquired as to how the net extension would be constructed John explained that they have run this by a consultant whom says the extension is doable; however, the applicant didn't want to go to the expense of obtaining the calculations until he had Planning Commission approval. Chairman Hageman asked if the applicant was sure that extending the netting 20 feet will work. John said that they were sure . that this extension would work. William Bowman, 13105 Atascadero Road — is a neighbor of the golf course. He said that his residence is "under si ge"; that between 20 and 70 golf balls a day land on his property on the weekends. They Iand on his roof, have damaged two cars and he is greatly concerned about safety. He commente I that Mr. Gearhart wants to remedy the situation and he requested that the Commission allow him to do so. Judith Murphy, 9320 Santa Clara Road — read a prepared statement attached hereto as Exhibit 11 All 000139 Planning Commission Meeting—November 3, 1998 Page Nine of Thirteen John Heatherington, 790 Yesal Avenue—said that the Eagle Creek Golf Course is an attractive development, however, the driving range is not. He stated that the driving range was not reviewed by the Commission or the Councilor subject to public review. He said that the netting was an eyesore and the driving range was a hazard to public safety and should be removed. HeM Engen. 9575 Lakeview Drive—stated that it's unfair that the Planning Commission has to sit here and try to fix a problem that never should have happened. As has been noted, there should have been a public hearing on this matter. He recommended that the Planning Commission deny this request and let the Council fix it because it's a Council policy that gave direction to "fast track", which was a more important factor than doing it right and having public participation. Pat Gershen, 13320 San Antonio Road — said the driving range was unattractive and should be removed. Mike Murphy, 9320 Santa Clara Road — said if this had gone through the proper procedures it could have been mitigated. He would like to see the top of the existing netting enclosed and ask that the Commission not allow the net to be extended to create "more visual blight" than is already present. Mr. Murphy read a letter from Tina Slater who was unable to attend the meeting, attached hereto as Exhibit"B Dorothy McNeil, 8765 Sierra Vista— said it would be a dreadful mistake to approve this request since there is no Engineering report. She added that if this is a sueable issue, the City could be sued and she didn't want her tax money spent on defending the City in this type of situation. Kelly Gearhart, applicant—said that it offended him to be criticized and accused of wrong-doing when people didn't know the facts. He stated that he didn't want to go to the expense of extending the net 20 feet; but was doing it to protect Mr. Bowman's property and safety. Kelly said that approximately 6,000 people visit this site every month and he employees 34 people; there aren't many-other businesses in Atascadero that do that. Commissioner Clark—wondered if a 20 feet extension would be sufficient. Kelly said that from observation by himself and his golf pro, it was felt that a 20-foot extension would be sufficient, but he couldn't guarantee it. Mike Murphy, 9320 Santa Clara Road —thought an expert should be called in and there might be a solution other than raising the netting 20 feet. . . . . . .closed to public testimony. . . . . . . Considerable discussion continued including the possibility of restricting the length of clubs that could be used on the driving range and putting a net over the top of the existing netting. 000140 Planning Commission Meeting—November 3, 1998 Page Ten of Thirteen Chairman Zimmerman didn't feel that he had enough information to make a decision. He would like to see structural calculations and input from an expert that extending the net 20 feet would solve this pro lem.. Commissioner Eddin s — said this is a health and safety issue. He didn't feel that he needed to see the structural engineering on the extension; staff can determine if the engineering is adequate. The main thing is that there is an operating driving range; we have a proposal before us to try and resolve the safety issue. He stated that he wouldn't feel comfortable going home tonight without this issue being unresolved or at least having made a step in that direction. Commissioner Hae an — said she could not support this request. The real problem is not that we have golf balls going over the net. The real problem is that this driving range is in the wrong spot. She stated that she was disappointed that not only was this driving range put right on the property line without any setback; but that it was put on such a place that the house would be in the "line of fire", She is dismayed that apparently no consultant was consulted with to make sure that the 50 foot net would work or that this was even the proper spot for a driving range and we still don't know if extending the net 20 more feet will even work. Commissioner Hageman continued saying there was another significant item before the Commission tonight and that is Section 9-1.106 of the Zoning Ordinance "Compliance with Standards Required" which says: "No application shall be approved where an existing land use or building is being maintained in violation of any applicable provision of this title except for the purpose of the application to correct the violation." She said that other violations exist on this site — there's not the amount of parking that is required by the Zoning Ordinance and there's a Sports Bar,which is not allowed. Commissioner Sauter — felt that there was an urgency because of the safety issue; however, adding 20 more feet of netting to the existing 50 feet structure is an awful lot. Commissioner Clark — stated that the Commission was here to review the extension of the netting and felt real ancomfortable discussing issues that have been. reviewed and approved by the City Council; the real issue is a safety issue. The golf course is an asset to our community and when you have a golf course, you expect to see a driving range — which is the reality of a golf course. Commissioner Fonzi — expressed concern for Mr. Bowman but didn't feel that she had every option before her. E he isn't sure that extending the netting 20 feet is the solution — she would like to see some drawings showing what it would look like if a net was put over the top to enclose the driving range. She felt that the Commission needed more information in order to act in a responsible matt r. 000141 Planning Commission Meeting—November 3, 1998 Page Eleven of Thirteen Commissioner Hageman — asked Paul Saldana if-the City Attorney said it was appropriate to bring back the parking issue. Paul explained that the parking issue could be discussed as long as there was a logical nexus between the decision you're making before you tonight. He added,that the Community Development Department has three building permits on the site that have not been finaled and that we can relook at the parking issue relative to finaling those three (3) building permits. There was more discussion relative to correcting existing violations before approving a new application. Commissioner Eddings - this golf course is a beautiful addition to our City, however there is a safety issue that needs to be addressed. We have a reasonable proposal before us and we have a responsibility to deal with the problem. ACTION: Adopt Resolution No. PC 1998-038, thereby approving Conditional Use Permit #98013 based on certain findings and conditions. Motion: Eddings Second: Clark Discussion: i n• Commissioner Clark said he agreed with Commissioner Eddings. There is a driving range and there needs to be a fence that is adequate to assure Mr. Bowman's safety. He would like to direct that an analysis be completed by a consultant with expertise in driving range netting construction, which could mean that the netting could be lower than 20 feet. AYES: Eddings, Clark NOES: Hageman, Sauter, Fonzi, Zimmerman ABSENT: None MOTION FAILS: 2:4 Commissioner Hageman said that it appeared to be the consensus of the Commissioners that the poles and netting were ugly and she would like to see other solutions looked at that do not involve raising the netting and the poles. Commissioner Clark wanted to clarify his feelings about the netting. He said that the existing fifty feet of netting was unsightly; adding 20 more feet would mean that it remains unsightly. 000142 Planning Commission Meeting—November 3, 1998 Page Twelve of Thirteen Putting a lid on the a 'sting netting could hinder the applicant's ability to generate income from the driving range. Golfer's practice at a driving range to see how far they can hit the ball and it doesn't make since to tell a golfer he can only practice with clubs that hit the ball a shorter distance. . . . . . .Commissioner 4rramhide rejoined the Commission at this time. . . . . . STAFF ANNOUNCEMENTS & REPORTS 1. irector's Report Paul annou ed that staff is working with Cal Poly third year students who a chosen Atascadero as it study area. Currently, they are doing a land use survey in cert ' areas of the City and.will be o ing to the Planning Commission on a couple of occasi In December they are starting an inion survey" ; talking to people and getting the' pinions about the Community. The endl- It of their project is providing a Community n. They basically go through the General Plan ocess to learn "first .hand" what it t s to go through and do community planning- Paul that Saturda v m . " Paul reminded the Commission an a pub o e ber 7 was the Day of The Oak" at Atascadero Lake Park Pavilio from 8:30 a.m. 1:00 p.m., admission is free and the Native Tree Society would encourage all ttend an articipate in the event. D. COMMISSI NER ANNOUNCE T REPORTS 1. Economic Roundtable—none Commissioner Arram ide — st d that it was with "great grie that he observed the action that the Commission just ook. a thing that troubles him most is t there is a liability issue and the action tonight "bi ys" e City into this. We've prohibited the veloper from solving this problem. It would ha een simple to allow him to put the netting up if it didn't work make him come ba/ddini it. ommissios — saidhe agreed with Commissioner Arrambide that a bought into the liabil' . If the problem didn't get solved then the applicant would have t e another appro mmissioner Hae an—reread Section 9-1.106 of the Zoning Ordinance. 000143 ATTACHMENT F RESOLUTION UPHOLDING APPf'I CUP #98013 RESOLUTION NO. 1999-008 - -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT APPLICATION ALLOWING POLES AND NETTING MATERIAL AT THE EAGLE CREEK DRIVING RANGE TO EXCEED FIFTY(50)FEET IN HEIGHT (CUP 98013; Gearhart) WHEREAS,the applicant has applied for a Conditional Use Permit to extend poles and netting material surrounding the driving range at the Eagle Creek Golf Course from fifty (50) feet to seventy (70) feet to prevent golf balls from escaping the driving range area and causing property damage and/or personal injury; and WHEREAS,the site is located in a recreational zoning district wherein the use is allowed but uninhabited structures in excess of fifty (50)feet in height require Conditional Use Permit approval; and WHEREAS,the project has been determined by staff to be categorically exempt from the requirements of the California Environmental Quality Act(CEQA)under the Class 1 exemption for minor alterations to existing facilities involving negligible or no expansion of use beyond that which previously existed (State CEQA Guidelines Section 15301); and WHEREAS, the Planning Commission of the City of Atascadero considered the proposed Conditional Use Permit at a duly noticed Public Hearing held November 3, 1998; and WHEREAS, the City Council of the City of Atascadero held a public hearing on December 8, 1998 to consider an appeal of the Planning Commission's failure to approve Conditional Use Permit#98013; and WHEREAS, Zoning Ordinance Sections 9-2.109(c)(4) and 9-4.113(b)(1)require that certain"Findings"be made prior to approving a Conditional Use Permit to modify height limitations; NOW, THEREFORE,the City Council of the City of Atascadero finds as follows: 1. The proposed project, as conditioned, is consistent with the General Plan. 2. The proposed project, as conditioned, satisfies Zoning Ordinance provisions. 3. The establishment, and subsequent operation or conduct of the use will not,because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 000144 4. The proposed roject, as conditioned, will not be inconsistent with the character of the immediate nei hborhood or contrary to its orderly development. 5. The proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project, as conditioned, will be in compliance with the City's adopted Appearance Review Guidelines. 7. The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. 8. The modified eight will not exceed the lifesaving capabilities of the Fire Department. BEIT FURT ER RESOLVED,that the City Council of the City of Atascadero does hereby approve Cond tional Use Permit#98013 as generally shown on Exhibit A and subject to the Conditions of Ap roval contained in Exhibit B. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Ray Johnson, Mayor ATTEST: Marcia McClure Tor erson, City Clerk 000145 sis , e Exhibit A,Pagel A C"m Location of Poles/Netting over 50 feet in Height Resolution No. 1999-008 i Y .- ,�• #.p : is s��x 0xC4 I yV % N O 4m tl I � � I �N / I� I i II 1 V• ! r �1 I_ • J��l�!A7t i I 1 _. .. i_�- I ( � V01406 1 ai iris / 1 9 Exhibit A, Page 2 Netting Details Resolution No. 1999-008 w bis CM, 6.1 la:,.. FYJi��... ! kms"Zbcu• 60 �re.w,. ^./ DH i g-C) - l` 50' T 1 i t 1 Ete,4' P.�..�,6,,;ti c�Y,•,x 3,,..:,,,_u�� � C,,,(..5 a.+:c..,.i�«��y—��.� 1 000147 EXHIBIT B Resolution No. 1999-008 Conditions of Approval Conditional Use Permit#98013 CONDITIONS OF APPROVAL: 1. The approval allows for the poles and netting material surrounding the driving range at the Eagle Creek Golf Course to be increased in height from fifty(50) feet to seventy (70) feet in substantial conformance with Exhibit A of this Resolution and all of the Conditions listed below. Any substantial modification of the project or these Conditions shall require the approval of the Planning Commission. 2. Pursuant to Section 9-2.109(c)(2)(iii) of the Zoning Ordinance, this approval is subject to periodic review. In the event that Conditions of Approval herein are not being complied with, or the approved poles and netting material otherwise become the subject of substantial compliant,the matter shall be reconsidered by the Planning Commission pursuant to Section 9-8.105 of the Zoning Ordinance. 3. This Conditional Use Permit approval shall expire one (1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2.114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2.115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9-2.118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. 000148 ATTACHMENT G RESOLUTION DENYING APPEAI CUP #98013 RESOLUTION NO. 1999-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO DENYING A CONDITIONAL USE PERMIT APPLICATION TO EXTEND POLES AND NETTING MATERIAL AT THE EAGLE CREEK DRIVING RANGE ABOVE FIFTY(50) FEET IN HEIGHT (CUP 98013; Gearhart) WHEREAS, the applicant has applied for a Conditional Use Permit to extend poles and netting material surrounding the driving range at the Eagle Creek Golf Course from fifty (50) feet to seventy (70) feet to prevent golf balls from escaping the driving range area and causing property damage and/or personal injury; and WHEREAS, the site is located in a recreational zoning district wherein the use is allowed but uninhabited structures in excess of fifty (5 0)feet in height require Conditional Use Permit approval; and WHEREAS, he project has been determined by staff to be categorically exempt from the requirements of the California Environmental Quality Act(CEQA)under the Class 1 exemption for minor alterations to existing facilities involving negligible or no expansion of use beyond that which previously existed (State CEQA Guidelines Section 15301); and WHEREAS, he Planning Commission of the City of Atascadero considered the proposed Conditional Use Pe it at a duly noticed Public Hearing held November 3, 1998 and failed to approve the application; and WHEREAS, he City Council of the City of Atascadero held a public hearing on December 8, 1998 to consider an appeal of the Planning Commission's failure to approve Conditional Use Permit#98013; and WHEREAS, Zoning Ordinance Sections 9-2.109(c)(4) and 9-4.113(b)(1) require that certain"Findings"be made prior to approving a Conditional Use Permit to modify height limitations; NOW, THEREFORE,the City Council of the City of Atascadero finds as follows: 1. The proposec project is inconsistent with the General Plan; or. 2. The proposec project does not satisfy Zoning Ordinance provisions; or 3. The establis ent, and subsequent operation or conduct of the use may, because of the circumstance and conditions applied in this particular case,be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in 000149 the vicinity of the use; or 4. The proposed project is inconsistent with the character of the immediate neighborhood and contrary to its orderly development; or 5. The proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; or 6. The proposed project is not in compliance with the City's adopted Appearance Review Guidelines; or 7. The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; or 8. The modified height will not exceed the lifesaving capabilities of the Fire Department. BE IT FURTHER RESOLVED,that the City Council of the City of Atascadero does hereby deny Conditional Use Permit#98013. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Ray Johnson,Mayor ATTEST: Marcia McClure Torgerson, City Clerk 000150 ITEM NUMBER: C - 1 DATE: 01/12/99 NINE 1918 ® 1979 City Manager's Agenda Report Wade G. McKinney 1998 Audit Report RECOMMENDATION: Staff recommends that Council review and accept the audit report for the fiscal year ended June 30, 1998. DISCUSSION: The firm of Moss, Levy and Hartzheim performed the audit and a representative of the firm will be at the Council meeting to present the audit. GENERAL FUND At June 30, 1998, the City had an Unreserved General Fund Balance of$1,302,226 and General Fund cash of $1,196,219. This represents a reserve of approximately 16.8% of annual expenditures and other outgo (or approximately two months of operations). Although the Unreserved General Fund Balance increased by $742,980, General Fund cash increased by only $178,876. This is due to the General Fund paying off the remaining $539,283 owed to the Wastewater Fund. As of June 30, 1998 the Wastewater/General Fund Interfund Loan has been paid in full. A comparison of Ge Leral Fund activity for the past two fiscal years is included on pages 3 &4 of this report. General Fund Revenues and Other Sources have increased by $ 630,538 or 7.9% over the previous year. General Fund Expenses and Other Outgo have increased by $375,680 or 5.11% over the same period. $274,118 of the increase in General Fund expenditures went towards increased capital outlay(mainly computer equipment and software). OTHER The City had total cash and investments of $9,016,571 at June 30,1998. This represents an increase of$1,598,0218 from the previous year. In fiscal year 1997-98, the City spent over $2,060,000 on capital expenditures. The majority of this capital outlay was spent on streets and drainage projects, including the Highway 41 drainage project, the El Camino and Traffic Way bikepath projects, and the 96-97 minor road projects. Other capital expenditures include the general fund transferring $179,000 towards a reserve for the purchase of a new financial software system and the transit fund purchasing anew bus'. 000151 Page 1 of 5 ITEM NUMBER: C - 1 DATE: 01/12/99 The City's total accrued vacation and sick leave liability at June 30, 1998 was $647,048. The decrease in this liability of$35,635 is due mainly to a change in accounting. PERS is no longer calculated as part of the compensated absences balance. RESPONSIBLE DEPARTMENT: Finance ATTACHMENTS: Reconciliation of the Unreserved General Fund Balance General Fund Summary and Comparison Financial Statements for the Year Ended June 30, 1998 i 000152 Page 2 of 5 CITY OF ATASCADERO RECONCILIATION OF UNRESERVED GENERAL FUND BALANCE For the Year Ended June 30, 1998 Increase/(Decrease) in Unreserved General Fund Balance: Net Income: June 30, 199 $ 914,478 Close Funds to General Fund Zoo Operating Fund (154,892) Lake Pavilion Operating Fund (70,879) (225,771) Prior Year Adjustment 92,253 Changes in Reserves: Increase inReserve for Encumbrance (23,500) Increase inReserve for Library (38,688) Decrease in Reserve for Due from Orange County 4,674 Decrease in Reserve for Due from Other Funds 19,534 (37,980) Total Increase in Unreserved Fund Balance 742,980 Unreserved General Fund Balance at July 1, 1997 577,246 Unreserved General Fund Balance at June 30, 1998 $1,320,226 000153 Page 3 of 5 N d 0 bu y a d O N O �O ON IC Cl d N %D r- M M O 00 a bq \p cT r-: N Wi •-+ In o0 00 `t (0� It rl� M Vn 00 y eCa as N M to �10 tom- V) r M t- "t O O tr- p M N o0 M N ' N W N ' O 0 w O 00 N OM M .-r aCl)t- 00 N O\ 00 to O O 00 w � n O to * O O\ t- 00 00 � O %D N O\ O M O\ n O N M V1 ••� ct M M N M O M `O \O N V1 M t` 00 M M N O ON N O\ 00 N 1n O U w w O' tt •--� M to in 00 v1 N M — M M C r-qi � o� N v � � ❑ T O _ N r e � O O O' O� N Mr- l- N CN t- N kn ' N N t- \n � M O M It O\ N w N C p 00 t- 00 Cl \n t In IO SO 'It O O O 00 M O p as o %0 M ~ ~ -'t cn C, v1 � N O t- 06 Q ~ ~ vG W)? 91 OM Ci9 69 p a W"A 00 M t` t` 00 r-1 in N 11 ' O\ w 0 v N tn O O M r-i to O M in M 00 O r-i 00 !t M 'O t- 00 Os tn O P-4M N � M (v\�z �G �t O � in rO o 1 V N W r-1 t4 O\ N Q\ t` O\ Itt M r! rti t c 0 M b O M tn O\ \D rti tn O et t- M v O\ en ti\0 In V rM oIr MM r-1 v ri M O r*1 N r-1 r-1 N r-I N M b C7 � cil elf 14' 06 W F' VS. 619 G O 2 >4 c"d OOOpooO oOO opoo000O, � a o � Q A V 0 0 0 0 0 0 0 O W) O to O M p 00 O C\ 40. ►Eti14 O O O O 0o O Nt O N O M N � I O N O r. a c V w M O V1 M t- O .� O O \D [� N ;s t- t- N w ON 00 y v O\ M t- M T O\ oo t- M M %O in N O\ N .L1 0 N N N ON - N .-+ N N — 40. 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V N Q Q > N V V d N V Q C r1 W COJ U vv� UbVq 0.3 cC ate+ Q Q �c" V O r,a o �' w s~ a� a� Q C c CO p G a� 40.) o o o 0 0 c o ami oo ami w 0 UUaUafl. R+ z aV. UwW W U0: w0, NEnM UAH W 000155 ITEM NUMBER: C - 2 DATE: 01/12/99 iais w .1979 City Manager's Agenda Report Wade G. McKiliney Purchase f Financial System and Parcel Management Software RECOMMENDATIONS: Staff recommends City Council adopt Resolution#1999-010 authorizing the City Manager to negotiate and the Ma or to execute a contract with Eden Systems for Financial Systems and Parcel Management/Permitting Software. DISCUSSION: Back round: The Finance system currently used by the City is a 1990 version of Multiple_ Operations Manager System(MOMS). This system is not Y2K compliant and runs on an old Unix platform that does not recognize much of the computer hardware in use today. Also,because of the age of the system, only one vendor is willing to maintain the system. The Parcel Management System currently in use by the City is a 1980 version of Gov Tech. This DOS based version of Gov Tech is not Y2K compliant. Because the system is DOS based, updates from the County Assessors office cannot be loaded into the system and there is no support available for the system. Summary: The Process: The City did not use the formal RFP process for selecting the financial system/parcel management software. Instead, the Finance Department contacted and received literature from ten municipal finance software vendors. The vendors were then contacted by telephone or at a trade show to discussthe needs of the City, the strengths and weaknesses of their systems, and general price range. From these ten vendors, four were invited to give a formal demonstration to City staff. CCS, Eden, and Pentamati n each came to Atascadero and gave one to two day presentations to City staff. Members of all departments were invited to and attended each of the demonstrations. After the three presen ations had been complete, staff members who attended the demonstrations were asked to rank th three software packages. Each staff member, for different reasons, chose Eden as their first choice, Pentamation as second and CCS as third. (The fourth vendor 0001m; ITEM NUMBER: C - 2 DATE: 01/12/99 Fundware, gave a modem demonstration to the Finance staff, however they were eliminated as a . possibility due to payroll system limitations.) Capabilities: EdenS stem s proposal includes all of the needed financial systems including general ledger, , budgeting, accounts payable, accounts receivable, job costing, payroll, and hu man resources. The proposal also includes an integrated parcel manager, permitting system and an inspection system. (Eden does not provide software for business licenses or receipting software. These programs will be provided by third party vendors and interfaced with Eden.) The general ledger system and new account structure will allow the City to track costs by department, programs, projects or locations. The report writer function will allow staff to prepare custom management reports based on any field in the system or to download information directly into Excel spreadsheets. (This will eliminate staff time currently spent transferring information from large MOMS printouts to Excel Spreadsheets.) The system will also be set up so that individual departments can access their own financial information, again eliminating-staff time spent requesting, preparing and distributing reports. The payroll module will be a vast improvement over our current system. Items currently tracked by hand such as FSLA overtime and part-time hours would be done through the system. Projected labor cost reports can be run for the current and future fiscal years, facilitating budget preparation and negotiations. Items such as across the board salary or benefit increases for a bargaining unit can be made without having to enter information on each individual member affected. Accounts payable improvements include decentralized access to information, so that up to date information is available to the departments at their convenience. Also account number "shortcuts" can be set up to decrease the amount of time spent looking up accounts, entering accounts, and correcting transposition errors. The shortcuts will facilitate a transition to individual departments entering their own invoices. The new system will have built in interfaces with RECWARE (the recreation department software) and the Parcel Management portion of the software. Currently summary printouts from Recware and hand calculated Community Development summaries of receipt activity are entered into the financial system. The new system will eliminate this step and provide access to more detailed information. The Parcel Manager, Permitting and Inspection portion of the program will be able to provide precise plan maps, automatic generation of notices, calculation and tracking of permits, inspection tracking and other items. Contract: The contract with Eden System is currently in the process of being negotiated. A draft of the contract proposed by Eden and amended by us is included for your review. This is only a draft of the contract and is subject to final negotiation by Eden and the City Manager as authorized in the attached resolution. 000157 ITEM NUMBER: C - 2 DATE: 01/12/99 FISCAL IMPACT: The estimated costo Phase I including a 10% contingency is $249,645 which falls within the $250,000 budgeted in 1998-99 for the purchase of the new accounting software. This cost does not include estimated annual maintenance fees of$23,141. These annual fees are to be paid upon acceptance of the software which is not expected to be in the current fiscal year. (These fees, which are due each year, entitle the City to software support, maintenance and upgrades.) Phase II of the proje t, at an estimated cost of$10,500, includes the addition of the fixed asset module. This module will be added at some time in the future. Because the City does not currently have the vclues associated with fixed assets and because reporting requirements for fixed assets are in tlie process of being changed, it was decided to wait on the purchase and implementation oft is module. ALTERNATIVES: 1. Do Not Purchase Software at the Time- The City can choose not purchase software at this time, however the City will run into a year 2000 problem in dust 11/2 months. Because installation, training and testing is expected to take the full 11'/z months, any delay could cause problems. 2. Purchase Softwa e from a Different Vendor- The City can choose to purchase software from one of the other vendors that demonstrated their system or choose to review a different vendor entirely. (Please see schedule for costs of other systems demonstrated and analyzed). Again, any significant delay in the decision could result in year 2000 problems. 3. Purchase Only t e Financial Portion of the Software at This Time- The City can choose to purchase only the Financial Modules of the software at this time, eliminating the parcel management/permitting portion of the proposal. . The current parcel management system does have Y2K compliance issues so an alternative software program would need to be purchased. RESPONSIBLE DEPARTMENT: Administrative Services ATTACHMENTS: Resolution 1999-010 Calculation of Estimated Costs Comparison of Software Systems Reviewed Draft Copy of Contract QO®158 RESOLUTION NO. 1999-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND MAYOR TO EXECUTE A CONTRACT WITH EDEN SYSTEMS, INC. FOR THE PURCHASE OF FINANCIAL SYSTEMS AND PARCEL MANAGEMENT/ PERMITTING SOFTWARE WHEREAS, Council authorized staff to proceed with the replacement of the City's financial management system; and WHEREAS, staff selected Eden Systems, Inc. as the software vendor best able to meet the City's needs; and WHEREAS, the total cost of the financial system and parcel management/permitting system is expected to be $250,000 and Council has appropriated that amount in the technology fund NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Atascadero, California, as follows: 1. The above recitations are true and correct. 2. That the City Manager is hereby authorized to negotiate a contract between the City of Atascadero and Eden Systems, Inc. 3. That the Mayor of the City of Atascadero, and in the Mayor's absence, the City Manager, is hereby authorized to execute the contract between the City of Atascadero and Eden Systems, Inc. 4. That the fees and compensation for said services shall not exceed$250,000 and shall be as described in the contract between the City of Atascadero and Eden Systems Inc. .AYES: Noes: Absent: Adopted; Attest: CITY OF ATASCADERO Marcia McClure Torgerson Ray Johnson City Clerk Mayor APPROVED AS TO FORM: Roy A.Hanley City Attorney 000159 Calculation of Costs Eden Systems Phase I Eden System: Base Financial System $ 29,970 Payroll 23,970 Human Resources 13,875 Casb Receipting Interface 300 Parcel Manager,Permitting& Inspection 27,000 Setu and Training 77,635 Conversion 5,750 $ 178,500 Business Licenses 10,000 Cash Receipting 12,000 Informix, Report Writer, &Data 12,450 Dictionaries Hardware & System Software 14,000 $ 226,950 10 %contingency 22,695 Total for Phase 1 249,645 Phase II Eden Sys ms: Fixe i Assets 7,500 Setup and Training 3,000 Total for Phase II 10,500 Grand Total $ 260,145 000160 Comparison of Software Systems Reviewed Eden Pentamation CCS Cost: Finance Package $ 102,565.00 $ 79,115.00 $ 63,955.00 Parcel Mgmt/Permitting 27,000.00 19,350.00 12,000.00 Installation&Training 77,635.00 77,113.00 77,663.00 Subtotal 207,200.00 175,578.00 153,618.00 Conversion 5,750.00 8,600.00 n/a Hardware 14,000.00 25,677.00 a 14,000.00 0 Total Costs $ 226,950.00 $ 209,855.00 b $ 167,618.00 Annual Maintenance Costs $ 23,141.00 $ 16,834.00 $ 11,078.00 Number of Training Days Included 48.0 35.5 34.5 Local Cities that Use Software Santa Maria San Luis Obispo Paso Robles Morro Bay Pismo Beach Arroyo Grande Grover Beach Buellton Perceived Strengths* Look/feel of software GUI based version Extreme Flexibility (intuitiveness) currently available A/R database across Shortcuts Good reputation all applications&depts Report Writer Report Writer Good reputation Perceived Weaknesses* GUI based still in Lack of flexibility Amount of time beta testing Look/feel of software required for set-up Lack of shortcuts Weak permitting East Coast Company system Pismo/Grover experience a Hardware must be purchased from Pentamation. b Amount quoted does not include accounts receivable module or salary projection module C Hardware was not included in quote. Used same quote as Eden for comparison purposes Perceived weaknesses and strengths reflect comments and opinions of City staff members that attended the software demonstrations. 0 000lsl THIS AGREEMENT, made and entered into by and 1.7 "Specifications." The functional performance between Eden Systems, Incorporated (hereinafter parameters of the Licensed Program effective on the "Licensor"), a corporation di ily authorized and existing date of this Agreement, as set forth in Licensed under the State of Washing on and having its principal Documentation. offices,at 5015 Tieton Driv ; Suite A;Yakima, 1.8 "Proprietary Information." Unpublished"know- Washigton 98908,and the City of Atascadero, how"and"trade secrets"which shall include,without California, (hereinafter"Licensee"), a government limitation, computer programs, program designs, organization having its principal offices at 6500 Palma algorithms, subroutines, system specifications,test Avenue,Atascadero, California 93442. data, charts, graphs, operation sheets, and all other technical information,owned by Licensor or under its Licensor desires to grant to Licensee,and Licensee control, relating to the development and production or desires to acquire from Licensor a non-exclusive right use of the Licensed Program and the design, and license to use certain computer software as configuration, programming, and protocol of the hereinafter defined. Both parties agree they are able to Licensed Program. comply with and will satisfy the terms and conditions as set forth in this Agreement. Both parties,intending to be 1.9 "Normal Working Hours." The hours between legally bound, agree to thefollowing: 8AM and 5PM PST(Pacific Standard Time)or PDT (Pacific Daylight Time)whch ever is applicable, on the days Monday through Friday, excluding regularly scheduled holidays of Licensor. SECTION 1 DEFINITIONS 1.10 "Releases." New versions of the Licensed Program, as specified by Licensor,which new versions The definition of terms set rth in this section shall may be prompted by Error Corrections and/or apply when such terms are used in this Agreement,its Enhancements. exhibits, and any amendments: 1.11"Support Agreement Term." A fiscal year, 1.1 "Licensed Program." The computer program commencing on July a uaf)-1 and ending on June 30 designated by Licensor as nForum GoldT"', InForumTm, Oesember31,during which support and services are or Command Series rm inCIL ding object code,as well as provided subject to the terms and conditions set forth in related procedural code,ar d documentation of any type Section 9, Software Support. which describes it. "Licens ad Program"shall not include any alpha-or beta-testinqstage computer programs. 1.2 "Licensed Documentation." The system user manuals,and other documentation made available by SECTION 2-GRANT OF LICENSE Licensor,for the Licensed Program. 2.1 Scope of License. Subject to compliance by 1.3 "Enhancements." C nges or additions,other Licensee with the terms hereof, Licensor hereby grants than Maintenance Modifica ions,to the Licensed to Licensee, in perpetuity unless terminated as provided Program or Licensed Docu entation that add significant herein, a personal, non-exclusive, nontransferable new functions or substanti ly improved performance license(without the right of sublicense),to: thereto by changes in systE m design or coding. 1.4 "Error." Problem cau ed by operation eration of i Install, use, and execute the Licensed Program on computers owned or the computer code of the Licensed Program or an leased and used by Licensee at its facilities, incorrect statement or diagram in Licensed for use on a single host system for up to the Documentation that produc s incorrect results or causes number of concurrent users specified in this incorrect actions to occur r which prevents the Agreement,for the sole and express purpose Licensed Program from opE rating in all material of supporting the internal business activities of respects in conformity with he Licensed Documentation. Licensee; and 1.5 "Error Correction." E ither a software modification or addition that,when made or added to the Licensed b. Use the Licensed Program, establishes matei ial conformity of the Documentation only in conjunction with Licensed Program to the Li ensed Documentation, or a installation and use of the Licensed Program. procedure or routine that,when observed in the regular operation of the Licensed F rogram, eliminates the C. Make two copies of the practical adverse effect on Licensee of such non- Licensed Program, including any and all conformity. Maintenance Modifications and 1_6 "Maintenance Modific tions." Modifications or Enhancements supplied by Licensor, and use revisions to the Licensed Program or Licensed other machines for archival or backup Documentation that correct Errors. purposes only. Page 1 00012 and is revocable, in the case of material breach, in 2.1 Delivery of Materials. Licensor shall deliver one accordance with the terms of this Agreement. copy of the Licensed Program and Licensed 3.2 Title to Enhancements and Maintenance Documentation to Licensee within a reasonable time Modifications; Restrictions on Use, Disclosure, following final execution of this Agreement. Access,And Distribution. All right,title,and interest in 2.2 Necessity for Third-party Software. Licensee and to any Enhancements and Maintenance acknowledges that in order to be executed,the Modifications developed by either Licensor or by Licensed Program requires certain third-party software Licensee shall be and remain with the Licensor. not provided by Licensor, including, but not limited to, Licensee shall treat all such Enhancements and Operating Systems, C-Compilers, ODBC Drivers and Maintenance Modifications in accordance with the TCP/IP. TheLicensor shall assist Licensee in obtaining restrictions and limitations set forth herein respecting third-party software, but the acquisition of necessary Licensed Programs and Licensed Documentation. licenses and support for this software shall be the sole numnsum responsibility of Licensee. Licensee acknowledges that Licensor software support does not cover third party software unless otherwise specified. SECTION 4-FEES AND PAYMENTS 2.3 Assignment of Rights in Licensee Maintenance 42 4.1 License Fee. In consideration of the licenses Modifications and Enhancements. All right,title, and granted hereunder, Licensee shall pay Licensor a one- interest in all Maintenance Modifications and time license fee as well as other associated costs as Enhancements developed by Licensee during the term further defined in Exhibit A, attached hefetn of this Agreement remains with Licensor. Licensee hereto. Licensor shall provide the first version of any agrees that such Maintenance Modifications and subsequent graphical user interface replacement of the Enhancements shall be used by Licensee,and will not Licensed Program to Licensee without additional license be distributed or otherwise made available to any third fee but Licensor shall reserve the right to charge for party other than Licensor. training, installation and setup, and other related 2.4 Availability of Licensor Maintenance expenses. Modifications and Enhancements. Licensor shall 4.2 Software Support. Software Support is subject to furnish to Licensee such Maintenance Modifications as the terms and conditions of Section 9, Software Support, may be developed by Licensor generally for licensees of and may be offered, at the Licensor's sole option,on a the Licensed Program. Licensor agrees to offer to year by year basis. Licensee a license to Enhancements that Licensor o„_Diem EMim.,+Pa,d tFaYel and„„f.,f.,GGket expen66 develops and offers generally to licensees of the „ Exhiha. „ ;,,,,,,,, r diel.,GhaF a aGGGFd;„„t ftio Licensed Program according to the terms under Section 9.1.b. Licensor shall furnish to Licensee the InForum .3 Per Diem. Charges version of the fixed assets for meals and incidental expenses associated with the delivery of the Licensed Program will be charged on a test+ag prsd►st, at no additional license fees above per diem basis,the rate for which shall be$35 per day. those quoted in Exhibit"A". Partial days(4 hours or less)shall be billed at one-half 2.5 Licensee Notification and Delivery of Materials. the per diem rate. Licensee shall notify and deliver to Licensor one copy of 4.4 Other Costs. Other costs as further described in any Maintenance Modifications and Enhancements the exhibits hereto, including but not limited to developed by Licensee withinsix air/train/taxi fare, parking,freight costs, reproduction months after development. charges, and other incidental expenses incurred by Licensor on account of this Agreement,shall be billed to the Licensee, and Licensee shall pay such other costs within 30 days after billing by Licensor. In no event shall SECTION 3-TITLE TO MATERIALS Other=ire.Costs exceed the estimated amount set 3.1 Title to Licensed Program and Licensed forth in Exhibit"A", even if actual Other Costs should Documentation. All right,title,and interest in and to prove greater than the estimated amount set forth in the Licensed Program and Licensed Documentation, Exhibit"A". including the media on which the same are furnished to 4.5 Administrative Fee. Licensor shall have the right Licensee, are and shall remain with Licensor. Licensee to charge Licensee a one-time 5%administrative fee for acknowledges that no such rights,title,or interest in or all Per Diem and Other Costs which are over 30 days to the Licensed Program and the Licensed past due. Documentation is granted under this Agreement,and no such assertion shall be made by Licensee. Licensee is h Payment. Payment for all fixed fees and charges s granted only a limited right of use of the Licensed shall be in accordance with the payment schedule set Program and Licensed Documentation as set forth forth in Exhibit B—Billing/Payment Schedule. Payment herein,which right of use is not coupled with an interest for all estimated fees and charges shall be in �r rrarc c�n'r n c�nr nn� I?8s8 1 000163 accordance with the terms a id conditions set forth in s.s Injunctive Relief. Licensee recognizes and Exhibits D-Services and E Committed Modifications. acknowledges that any use or disclosure of the 4.7 Taxes. The fees and cf arges specified in this Licensed Program or Licensed Documentation by section are exclusive of any ederal, state,or local Licensee in a manner inconsistent with the provision of excise,sales, use, and simil r taxes assessed or this Agreement may cause Licensor irreparable damage imposed with respect to the ervice and support for which remedies other than injunctive relief may be provided hereunder. Licensee shall pay any such inadequate, and Licensee agrees that in any request to amounts upon request of Licensor accompanied by a court of competent jurisdiction by Licensor for evidence of imposition of such taxes. injunctive or other equitable relief seeking to restrain such use or disclosure, Licensee will not urge that such MEMIM remedy is not appropriate under the circumstances. s.s Technical Protections. Licensor may from time to SECTION 5-PROPRIETARY PROTECTION OF time prescribe password protection as an additional MATE RIALS security measure for the Licensed Program,and s.1 Acknowledgment of P oprietary Materials; Licensee shall cooperate with Licensor in connection therewith. Limitations on Use. Licen ee acknowledges that the Licensed Program and Lice sed Documentation are s.7 Survival of Terms. The provisions of Sections 5.1 unpublished works for purposes of federal copyright law through 5.6 shall survive termination of this Agreement and embody valuable confidential and secret information for any reason. of Licensor,the development of which required the expenditure of considerable time and money by 0500RIM Licensor. Licensee shall treat the Licensed Programs and Licensed Documentatio in confidence and shall SECTION 6-LIMITED WARRANTY, LIMITATION OF not use,copy, or disclose, n Dr permit any of its LIABILITY,AND INDEMNITY personnel to use, copy,or d sclose the same for any 6.1 Limited Warranty Against Infringement. Licensor purpose that is not specifica ly authorized under this warrants that the Licensed Program and Licensed Agreement. In the event of a public records request for Documentation as delivered to Licensee do not infringe the Licensed Program and icensed Documentation, any third-party rights in patent, copyright,or trade secret Licensee shall pfer4p4imm diatel provide a copy of in the United States. f such request to Licensor so that it has at least seven 6.2 Limited Warranty of Conformity, Licensor businesscalendar days from Licensor's receipt of such copy in which to seek an or er restraining the Licensee warrants,for the benefit only of Licensee,that for the life from disclosing the License Program and of the Agreement,the Licensed Program will conform in Documentation pursuant to such public records request. all material respects to the Licensed Documentation If Licensor does not obtain restraining order within (except for modifications made by Licensee or by such period of time, Licensee may disclose the Licensor at the request of Licensee), but only if Licensee maintains uninterrupted Software Support as Licensed Program and Licensed Documentation described in Section 9. Licensor assumes no pursuant to such public request as Licensee deems appropriate. responsibility for obsolescence of the Licensed Program nor for lack of conformity occurring from Licensee's 5.2 Secure Handling. Except for copies of the failure to update the Licensed Program with distributed Licensed Program installed and operated upon its Enhancements, Maintenance Modifications, or Error computers and archival co es as permitted hereunder, Corrections. Licensee shall require that t ie Licensed Program and Licensed Documentation b kept on Licensee's s.s Exclusive Remedy. As the exclusive remedy of premises which shall be ma ntained in a manner so as Licensee for any nonconformity or defect constituting an to reasonably preclude una thorized persons from Error in the Licensed Program for.which Licensor is gaining access thereto, and Licensee shall permit responsible, Licensor shall use commercially access only as necessary for either party's use thereof reasonable efforts to provide Maintenance Modifications in accordance with the term of this Agreement. with respect to such Error. However, Licensor shall not be obligated to correct, cure, or otherwise remedy any s.s Proprietary Legends. Licensee shall not permit Error in the Licensed Program resulting from any(1) anyone other than Licensor to remove any proprietary or modification of the Licensed Program by Licensee,or other legend or restrictive notice contained or included (2)failure of Licensee to notify Licensor of the existence in any material provided by Licensor. and nature of such nonconformity or defect promptly 5.4 Reproduction of Licensed Documentation. upon its discovery. Licensee may reproduce the Licensed Documentation 6.4 Disclaimer. EXCEPT AS SPECIFICALLY SET provided by Licensor, provi ed that such reproductions FORTH HEREIN, LICENSOR MAKES NO are for the private internal use of Licensee, and all such WARRANTIES,WHETHER EXPRESS OR IMPLIED, reproductions bear Licenso s copyright notices and REGARDING OR RELATING TO THE LICENSED other proprietary legends. PROGRAM OR LICENSED DOCUMENTATION OR TO GAI 1C_9N5;I;9\ age 4- 0001164 ANY OTHER MATERIALS FURNISHED OR PROVIDED any term hereof and fails to cure said breach within that TO LICENSEE HEREUNDER. LICENSOR 60-day period. Such notice shall set forth the basis of SPECIFICALLY DISCLAIMS ALL IMPLIED the termination. During the 60-day time for cure,the WARRANTIES OF MERCHANTABILITY AND FITNESS parties shall engage in good faith negotiations to FOR A PARTICULAR PURPOSE WITH RESPECT TO amicably resolve any dispute or controversy related to SAID MATERIALS OR THE USE THEREOF. the material breach which is the subiect of a notice of 6.s Limitation of Liability. EXCEPT WITH RESPECT intent to terminate. If the parties are unable to resolve TO LIABILITY ARISING FROM CLAIMS OF any such dispute or controversy after good faith INFRINGEMENT OF THIRD-PARTY RIGHTS IN THE negotiations,they shall jointly retain and equally share UNITED STATES IN COPYRIGHT,TRADE SECRET, in the cost of a neutral consultant from the accounting OR PATENT, IN NO EVENT SHALL LICENSOR BE firm of Deloitte&Touche, or such other national LIABLE UNDER ANY CLAIM, DEMAND, OR ACTION accounting firm mutually acceptable to the parties, ARISING OUT OF OR RELATING TO ITS which is experienced in the implementation of PERFORMANCE OR LACK THEREOF UNDER THIS comparable software for governmental entities. The AGREEMENT FOR ANY SPECIAL, INDIRECT, neutral consultant shall act as a mediator regarding any EXEMPLARY, OR CONSEQUENTIAL DAMAGES, outstanding disputes or controversies. The mediation WHETHER OR NOT LICENSOR HAS BEEN ADVISED shall be nonbinding. If the parties are unable to resolve OF THE POSSIBILITY OF SUCH CLAIM, DEMAND, OR the dispute or controversy after negotiations and ACTION. mediation, and if the party in breach fails to cure the breach within 60 days after notice as provided in this 6.6 Licensee Indemnification. Licensee shall and Agreement,the nonbreaching party may,at its sole does hereby agree to indemnify, hold harmless,and discretion, immediately terminate this Agreement by save Licensor from liability against any claim,demand, giving the party in breach written notice of termination. loss or action (1) resulting from Licensee's use or modification of the Licensed Program and Licensed �•3 Actions Upon Termination. Upon termination of Documentation and (2)alleging that any Maintenance this Agreement for any reason, Licensee shall Modifications made by Licensee infringe any third-party immediately cease use of, and return forthwith to rights in the United States respecting copyright,trade Licensor,the Licensed Program and Licensed secret,or patent. The foregoinq indemnification is Documentation, and any copies or portions thereof, predicated upon Licensor(1)fully cooperating with including Maintenance Modifications or Enhancements. Licensee in the defense or settlement of such actions and(2)giving Licensee prompt written notice of any claim, demand,or action for which indemnification is sought. SECTION 8-MISCELLANEOUS 6.7 Licensor Indemnification. Licensor shall and 8A Entire Agreement.This Agreement constitutes the does hereby agree to indemnify, hold harmless,and entire Agreement between the parties with respect to save Licensee from liability against any claim,demand, the subject matter hereof and supersedes all proposals, loss,or action alleging that the Licensed Program and presentations, representations, prior agreements and Licensed Documentation or any Maintenance communications,whether oral or in writing, between the Modifications or Enhancements made by Licensor parties on this subject. Neither party shall be bound by infringe any third-party rights in the United States any warranty, statement, or representation not respecting copyright,trade secret, or patent.The contained herein. No amendment or modification of any foregoing indemnification is predicated upon Licensee provision of this Agreement will be effective unless set (1)fully cooperating with Licensor in the defense or forth in a document that purports to amend this settlement of such actions and (2)giving Licensor Agreement and that is executed by both parties hereto. prompt written notice of any claim, demand,or action for In the event of any conflict in the terms and conditions of which indemnification is sought. this Agreement,the documents shall control in the s.a Survival of Terms. The provisions of Sections 6.1 following order: through 6.7 shall survive termination of this Agreement. a. This Software License and Use Agreement; MINION= b. Licensor's Response to Licensee's Request for Proposal, if SECTION 7-TERM AND TERMINATION applicable; 7A Term. This Agreement shall commence on the C. Licensee's Request for Proposal, date and year GGRtaiRed heFeipas approved by City's if applicable. City Council and shall continue until terminated in Any forbearance or delay on the part of either party in accordance with the terms thereof. enforcing any provision of this agreement or any of its 7.2 Termination by Either Party. Either party may rights granted hereunder shall not be construed as a 0 terminate this Agreement upon 60 days written notice to waiver of such provision or right. the other party if the other party commits a breach of 9-.4- GF-ANss., r n 9n n r,c nnn Page 1 000165 8.1 No Assignment. Licer see shall not sell,transfer, notification,the Licensee has the right, at its option,to assign, or subcontract any r'ght or obligation hereunder terminate the Agreement by giving written notice of such without the prior written con ent of Licensor,which termination to the Licensor. consent shall not be unreas)nably withheld. Any act in 8.8 Upon the Licensee's termination of this Agreement derogation of the foregoing hall be null and void; due to failure of the second Acceptance Test,the provided, however,that an such assignment shall not Licensee shall promptly return the Licensed PFegFam relieve Licensee of its obligations under this Agreement. and Program, Licensed Documentation 8.2 Force Majeure. Excepting provisions of this and all related materials to the Licensor. Agreement relating to payment of license fees,and 8.9 Acts of Insolvency. The Licensee may terminate protection of Licensor's Proprietary Information, neither this Agreement by written notice to the Licensor if the party shall be in default of t e terms hereof if such Licensor becomes insolvent, makes a general action is due to a natural calamity, or similar causes assignment for the benefit of creditors, suffers or permits beyond the control of such party. the appointment of a receiver for its business or assets, 8.3 Governing Law. This Agreement shall be becomes subject to any proceeding under any domestic governed by and construed in accordance with the laws bankruptcy or insolvency law or publicly announces of the state of WashiRgIGR.California. Venue will be liquidation proceedings. Licensor agrees to notify deemed appropriate in the county of Yakima, Licensee within sixty(60)days before termination of Washi4gte+:�:San Luis ObisE o California. Licensors business practice, including the sale of 8.4 Severability. If any provision of this Agreement is Licensor's business. held by a court of competer t jurisdiction to be contrary A 10 Insurance. During the term of this Agreement, to law, such provision shall a deemed severed from Licensor shall maintain an appropriate level of insurance this Agreement, and the ren mining provisions of this against all personal and property damage caused by Agreement will remain in ful force and effect. Licensor's employees while on Licensee's premises and 8.5 Notice. An notice re ired or permitted to be shall exhibit certificates of evidence of such insurance Any - made or given by either par y under this Agreement upon request by I irseimiaee shall be made in writing anc delivered by hander 8.io Licensee. The personnel of each party shall facsimile machine with verbal confirmation of receipt comply with reasonable security and other personnel and retention of a written transmission report,or by regulations of the other party on whose premises such certified mail, postage prepaid, addressed as first set personnel is located. forth above or to such other address as a party shall A I I Equal Opportunity Employer.in the performance designate by written notice iven to other party. of this Agreement, Licensor shall not discriminate in its 8.6 Acceptance Testing. Within ten(10) business recruiting, hiring, promotion, demotion,or termination days of Licensor's notification to Licensee that the practices on the basis of race, religious creed, color, Licensed Program or portion thereof is installed and the national origin,ancestry, sex, age,of physical handieap applicable training administered, Licensee shall begin . performance of Acceptance Testing,for the sole and sm or mental disability, or on any basis otherwise express purpose of determi ing whetheFacceptability of prohibited by law. the Licensed Program Gpefate6 as deGGF;b in the ;=iGeRsedunder the terms arid conditions of this museum= DGIGUmentatuen-Acireement. 8.7 Failure of Acceptance Testing, Retesting. If the SECTION 9 -SOFTWARE SUPPORT parties agree that the Licensed Program does not 9.1 Scope of Service. Licensor shall render support successfully pass Acceptance Testing,the Licensee and services during Normal Working Hours for the shall notify Licensor in writing ("first notice of failure") following: and shall specify with as much detail as possible in which respects the License Program failed to pass the la-Telephone Support-Calls for assistance Acceptance Testing. Licen 5or shall make such related to operation of the Licensed necessary corrections and modifications in the Licensed Program, reporting of a potential error Program to establish a reaE onable basis for additional condition or abnormal termination of a Acceptance Testing within a period of thirty(30)days program, or request for minor assistance from the first notice of failur . Licensor shall notify related to the Licensed P-F99FaFni Licensee when such retesti ig can begin and the a. Program. Licensor shall respond Licensee shall complete A eptance Testing within a to such calls as soon as possible, but in no period of ten (10) business days from the date of event later than four(4)hours following a notification. If the parties a ree that the Licensed call by Licensee or its employees and/or Program continues to fail Acceptance Testing,the agents. In the event such call is placed Licensee shall notify LicenE or in writing of the less than four hours before the end of Licensee's intention to terminate and if the Licensor fails Normal Working Hours, Licensor shall to remedy the defect within(60)days of receipt of said Page 1 U®®1J66 respond to such call no later than 10 a.m. Licensee's internal business needs. needs, and (3) the next business day. make two copies of such software and use other b. Support Enhancements- machines for archival or backup purposes only.. Selected Enhancements,the nature and Licensee may not use, copy,or modify the Licensed type of which shall be determined solely by Program,or make any copy, adaptation,transcription,or the Licensor..Such provision shall not merged portion thereof, except as expressly authorized preclude Licensor from providing other by Licensor..The Licensed Program is and shall remain Enhancements of the Licensed Program the sole property of Licensor, regardless of whether for license fees,training charges, and Licensee, its employees, or contractors may have other related service fees and charges. contributed to the conception of such work,joined in the effort of its development, or paid Licensor for the use of C. VCS(Version Control System) the work product. Licensee shall from time to time take Maintenance-Library of Licensed any further action and execute and deliver any further Program for Licensee complete with instrument, including documents of assignment or modifications authorized by Licensee, acknowledgment,that Licensor may reasonably request performed by Licensor, and delivered to in order to establish and perfect its exclusive ownership Licensee site for use. rights in such works. Licensee shall not assert any d. Software Warranty—If Licensee right,title, or interest in such works,except for the non- obtains Software Support from Licensor, exclusive right of use granted to Licensee at the time of and such Software Support is in effect its delivery or on-site development. without interruption from inception of this 9.4 Disclaimer of Warranty and Limitation of Agreement,then Licensor will warrant the Liability. EXCEPT AS EXPRESSLY SET FORTH Licensed Program to be free of errors for HEREIN, LICENSOR EXPRESSLY DISCLAIMS ANY the life of this Agreement. AND ALL WARRANTIES CONCERNING THE SYSTEM 9.1 Fees and Charges. Licensee shall pay Licensor OR THE SERVICES TO BE RENDERED HEREUNDER, annual support charges based on an annual rate WHETHER EXPRESS OR IMPLIED, INCLUDING determined by Licensor at the beginning of each WITHOUT LIMITATION ANY WARRANTY OF Support Agreement Term. Such annual rate shall be MERCHANTABILITY OR FITNESS FOR A multiplied times the amounts shown in Exhibit A under PARTICULAR PURPOSE. the column headed"License Fee(Support Basis)"for 9.5 Termination of Support. Support may be each covered product. No increase in the support rate terminated as follows: 0 shall be in excess of 10%of the support rate for the prior year. No such increase will be effective until at a. Upon the termination of the least ninety(90)days after Licensor has given Licensee License Agreement; or written notice of such change. All annual support b. Upon notification by either party charges are due and payable on or before the 1 st to the other, at the beginning of any working day of each Support Agreement Term. Failure Support Agreement Term; to make such payment shall constitute cancellation and c Upon failure of Licensee to pay termination of support by Licensee and no further the fees and charges set forth above for service or support will be provided by Licensor. Support; Notwithstanding the termination of support,the license granted by this Agreement shall continue in full force d. Upon 60 days' prior written notice and effect until terminated as provided herein. if the other party has materially breached the provisions of this Agreement and has 9.2 Licensee Responsibilities. Licensee shall be not cured such breach within such notice responsible for the procuring, installing, and maintaining all computer equipment,telephone lines, period. communications interfaces,and other hardware necessary to operate the Licensed Program and to obtain from Licensor the services called for according to Licensor's then existing policy. 9.3 Proprietary Rights. To the extent that Licensor may provide Licensee with any Error Corrections or Enhancements or any other software,including any new software programs or components,or any compilations or derivative works of the Licensed Program prepared by Licensor, Licensee may(1)install one copy of the Licensed Program, in the most current form provided by Licensor, in Licensee's own facility;and(2)use such Licensed Program in a manner consistent with the requirements of the Agreement,for purposes of serving Gi\Llc13�ZSg-- n-r458C—A ooC gage} 000167 Date: IN WITNESS WHEREOF,t e parties have caused this Agreement to be executed e s set forth below. [Licensor] Eden Systems,Inc. By: Christopher Salts [Licensee] By: Signature: Signature: Title: Contract Administrator Title: Date: 000168 c o 0 o c o 0 o 1 1 a, c 1 0 1 0 o c 1 c o 0 o r o c o o Vi ci G vi o Ci c o c o O In In 0 ' r- ro e- a � c o c � 0 oc o r, n O C N - to O N M M h 'S % 00 p oo O .o hi � r•i .ry -r r. 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At the December 8, 998 City Council meeting,the Council directed staff to send to all the Planning Commissioners a questionnaire concerning the role of Planning Commissioners. A questionnaire was sent out asking them to: 1)Explain their opinion of the role of a Planning Commissioner, 2) State how they would handle a project that technically meets the criteria but which they personally oppose, and 3)Make suggestions of steps that would improve the Council /Commission relationship. As Commissioner Michael Sauter's term expires in February 1999 and he is not re-applying, he did not return a questionnaire. Considering there was one vacancy,the five completed questionnaires inclu ed with this report are a complete set for your review. FISCAL IMPACT: None RESPONSIBLE DEPARTMENT: City Manager's Office ATTACHMENTS: Five Planning Commissioner Questionnaires 0001'71 City of Atascadero DEC 3 0 1998 Planning Commissioner Questionnaire CITY OF ATASCADE The Planning Commission performs an important function in Atascadero. Our CITY C ERK'S OFFICE wide array of planning issues and is nestled in an environmentally sensitive area. It is one of the goals of the .City to develop our community in a way that enhances our natural elements and provides an economy that allows us to continue to enjoy those elements. This goal requires the City to function in a logical, reasoned and cooperative manner: The -Planning Commission is key. The relationship between the Council and Commission is an important element to accomplishing the City's goals. That relationship is built on a clear understanding of the roles within the organization. The Council has retained the policy-making responsibility for the organization. The Council has also appointed a Planning Commission, which serves at the pleasure of the Council, to provide a citizen technical review of land use issues. We want to understand how you see the role of the Commission and what steps you might suggest to improve on the Council/Commission relationship., 1. How do you see your role as a Planning Commissioner? 2. How would you handle a project that technically meets the criteria but which you personally oppose? 3. What steps would you suggest to improve the Council/Commission relationship? 0001'72 Response to Planning Commissioner Questionnaire 1. My role as a PI ng Commissioner is to reinforce the goals and desires of the City Council and the citizens they represent. I do this by reviewing projects submitted to the Planning Commission with the cities' General Plan and land use policies as a bench mark for evaluation. I see my role as providing insightful constructive comments to help improve projects for our community. 2. If a project technically meets,all the Planning criteria,the Planning Commission would probably not have to review it. The Planning Commission generally only reviews projects that are asking for exceptions, or of such a large scale'they are required to be reviewed. I personally believe that a propedy owner has the right to develop theirproperty as they see fit. As long as the proposed develo ment conforms to the cities General Plan and land use policies. 3. There needs to be direct communication between the Council and the Commission that will foster a team relatio ship. I feel the Joint Workshop held on 3/31/98 has all the necessary elements to create a unifying direction for the Council and the Commission. Using this idea on a smaller scale and more frequently, like every 4 months,would help create a cohesive relationship between the Council and Commission. If you have any que tion or concerns about my comments, please don't hesitate to call me. Sincerely; fred Miles Clark if 0001'73 Dec-30-98 11 : 35A MBE Orcutt CA 805 534 385 : F1 t5 Ug LS OPWOR �•� £Gly� City of Atascadero DEC 3 01998 ' Planning Commissioner Questionnaire CITY OF ATASCADER 0 CLERS The Planning Commission performs an important function in Atascadero. Our comm nlity nas aOFFICE . wide array of planning issues and is nestled in an environmentally sensitive area. it is one of the goals of the City-to develop our community in a way that enhances our natural elements and provides all economy that allows us.to continue to enjoy tho:;e eleirients. This goal requires the City to function in a logical, reasoned and cooperative manner. The Planning Commission is key. The relationship between the Council and ConlMission is an important element to accomplishing the City's goals. That relationship is built on a clear understanding of the roles within the organization. The Council has retained the policy-making responsibility for the organization. 1'hc Council has also appointed a Planning Commission, which servers at the pleasure of the Council, to provide a citizen technical review of land use issues. We want to understand how you see the role of.the ConLmnission and what steps you might suggest to improve on the Council/Commissura relationship. 1. do you See your role as a Planning Commissioner?. �� CA lkt_' ►r�t v�. ' y ()..v�CI O►.•1 l Q. P-VI 1yE '�F 0 7A��t?.vie6�c.� X71£tv] Ct•'vtCf � re vi �Ll G' e-4-► y lit � � � �?t✓S..,C � ��.� i y'���Sfi�•�Zt,�t•�, Lt}�t� r1 ��•-'tom C,�+.'.i..� t 1� CIL St.�' �e f�(t c� , �--(�s l c� c�t��'i�. �-tir�r� 5 ���.s� t•�1 4,p—r r- � G,t l l? 4lrj �•�Ir LkC.Gc VA-t �� C�.L1C1 `jou�t 111 L'�bLk Wli�� 0 i�l.t' C.cx\ rJ C S;C u S.(;- Ct.S(WCA-r C)('— Com- P,tecllec( C&L"lo ( i v-\ CSC` N k pw: C� 2. I low would ou handl � , y e a project that technically meets the criteria but wliie.h you personally oppose? A �roj)osee"( Pb�fec f' / f�:h,,i rct+�f a'r't�c+its 4-Ae. ar i-fe r`r e� WCkJid f /�/Arta i GU��+�i��s'S,1v i1 e r'• t a Cc r~h i-}��c4 e t r�w r`; �, i-V%e t^(.,i e 5' jaCt S�,' en +'3• cs 10ac)r teLk f7r Fi✓�c�. ►« ' 4 )F ur - fit <��1� . ►tti►..t['� s •t i�La.�1C 1 i15 f ns, !C� ir"S" �' k{)fx'�'s' v►��� C"Ce►^rt _f0 13141kt r,Lll- ' t'ct�(�' %c- {•1.�.f c�� reiJ��.�.r �- �u������ C���£'t Secc•�.�F1� �u'-- �;Iti, �o.•.,c:�� JC � i' f"('.t1iGEJ tura C,C tl v r- l��C�e twig Ul U�Gt 0 SS,tCx4 f l;��.,t t9 Gt G rti i CG j C: � ) 1, i£C a'1�G"' C� U�'� i S 5�le ; -hit t .. to 1 3. What steps would you suggest to improve the Council/Commission relationship? /+, , -v. t!c �"Z£ ► t�(' 0, lCz,.t+n vtr 6,b U4 u.t S S,t c9 0 �,..'. CJ_�nC( cNt)+r k +0 LA)av"C'( '` -e oC t- reel ►vc� S, aAd h0a;e_ rte. CZ-1111,11440A ►/J`51v �1 or 0 0 , i ( h�r)ULC( be �e5 7i--Y C,� GrC -�-1.4Q_ 06,.)oo S . �+ fo. -�ke_ 01 tie-v%. I.%tj�_f` � r�t�'164 JJs=aC :"5 f l h le ' , �-' C.c�v.1 G i f /1��L.I 7z-' ('lt)L re v l c.v,.. DEC 3 0 1998 Roberta Fonzi 7880 Sinaloa Avenue,Atascadero,CA 93422 (80 CADERO CITY CLERKS MIU: 1. How do you see.your role as a Planning Commissioner? As a Planning Commissioner,I believe it is my responsibility to research and investigate land use issues facing the city and to make recommendations to the best of my ability. As a Commissioner, I am committed to"doing my homework"and basing my decisions on facts,not on fec lings. In this role, I do extensive research into the issues that come before the Commission,thoroughly reviewing the information packet prepared by staff. I often walk the perimeter of the af Fected parcel(s), or drive around the boundaries as designated on the map. I also act as a"sourling board"for those affected by the change in land use, evaluating the oral and written info tion presented. Further,I evaluate the land use issue in view of the existing ordinances, planni g elements and policies previously established by the City. In other words,I spend hours each i nonth investigating the issues in order to make informed decisions. Although tie City Council has the authority to act on all land use issues,the Commission was established to help assist the Council by conducting the research, saving the Council time. When I vote on a land use issue,I am fully aware that my vote is advisory, and that Commission decisions may be verturned by the City Council. In order to retain my personal integrity, however, I must independently evaluate each proposal that I review,basing my decisions on research and the facts at hand, 2. How would you handle a project that technically meets the criteria but which you personally oppose? I would vote int the best interest of the community, not according to my personal wishes. On my firs night as a Planning Commissioner, I had to vote on a project to which I was personally oppose ,the Albertson's Shopping Center. I happen to live near the intersection of Curbaril Avenue, ,tnd would personally be adversely affected by an increase in traffic in that area. I voted in fa or of the project,however,because the store would bring benefit to the majority of residents,both in terms of increased revenues for the city and in additional jobs. 3. What steps would you suggest to improve the Council/Commission relationship? At a recent Planni g Commission Meeting when the Redevelopment Agency was under consideration,I stated that we should trust our elected officials(the Council). Trust appears to be an issue at this time. Therefore,to improve trust,I believe we should improve communications. Not long ago, a joint meeting was held between the Council members and Commissioners. Perhaps if we met together more frequently,we could improve communications and eliminate potential misunderstandings before they occurred. 000IL 75 DEC. 30 98 (WED) 08:25 GARING TAYLOR & ASSOC 805 489 6723 PAGE. i - (0 City of Atascadera Planning Commissioner Questionnaire 0 E 3 0. 1998 The Planning Commission performs an important function in Atascadero. Our unit has a wide array of planning issues and is nestled in an environmentally sensitive :SrWetJt is R ADER goals of the City to develop our.community in a way that entrances our tOFFICE provides an economy that allows us to continue to enjoy those elements. This goal requires the City to functiorn in a logical,'reasoned.and cooperative manner:' The Planning Commission is key. The relationship between the Council and Commission is an important element to accomplishing the City's goals. That relationship is built on a clear understanding of the roles within the organization. The Council has retained the policy-making responsibility for the organization. The Council has also appointed a Planning Commission, which serves at the pleasure of the Council, to provide a citizen•technical review of land use issues, We want to understand how you see the role of the Commission and what steps you might suggest to improve on the Council/Comxnission relationship. I. How do you see yo u'role /y ass as Planning Co/^mry/�'�"•iss'aper? jlywl app1 , 6 +� mal ` r 'Xi0ei AP kc/ a.a-WAAA-1 and Oher eyd6nanao t . acl- c. ti t d t- D rOlam. -- /10 W4. row"Woulyou hu�Ie a proJec t tec 'cally meets the criteria but which you personally oppose? As � home- a / 1 oj�e.e f s P Y t/ l t.r r) / CSA r1�1.�.r t S�ICt Cr L 1A 10- J C&n AOrM . YV i-# a-,0 oO la-n - r,9-Uod# 3. What steps would you suggest to improve the Council/Commission relationship? LV4,h-P "A CC.-/ 0001'76 City of Ataseadero DEC 2 1 IM Planning Commissioner Questionnaire CITY OF ATASCADERO . The Planning Co ission performs an important function in Atascadero. Our CITLY Y C ER i OFFICE wide array of pl g issues and is nestled in an environmentally sensitive area. It is one of the goals of the City t develop our community in a way that enhances our natural elements and provides an econo y that allows us to continue to enjoy those elements. This goal requires the City to function in a logical, reasoned and cooperative.manner: The Planning Commission is key. The relationship between the Council and Commission is an important element to accomplishing the City's goals. That relationship is built on a clear understanding of the roles within the organization. The Council has retained the policy-making responsibility for the organization. The Council has lso appointed a Planning Commission, which serves at the pleasure of the Council, to provide a citizen technical review of land use issues. We want to understand how you see the role of the Commission and what steps you might suggest to improve on the Council/Commissi n relationship. 1. How do you se your role as a Planning Commissioner? The Planning Commission role described in paragraph 2 of Mayor Johnson' s December 15, 1998 letter is the role the Commission follows._ 2. How would yo a handle a project that technically meets the criteria but which you personally oppose? The Planning Commission does not approve or deny applications based on personal biases. Commissioners individually visit sites. Next, hearings are conducted in an open manner which include an oral staff presentation; public comment is encouraged and accepted. The Commission then holds its discussion . (often spirited) and finally takes action according to law/ policy. . 3. What steps would you suggest to improve the Council/Commission relationship? Occasional joint meetings' of the Council. and Commission could be beneficial. I do not recall any formal discontent with the Council being expressed by the Commission. I believe individual Council member attendance at Commission meetings ( such as Jerry Clay does) is helpful for the member to become fully informed of the process on which decisions are reached. Commis- sioners should also attend Council meetings from time to time. Will J. Zimmerman ITEM NUMBER: C - 4 DATE: 01/12/99 b Iola ® 1979 rADF.$p� City Mane ger's Agenda Report Wade G. McK nney Fire Department Fee Schedule RECOMMEDA ION: Staff recommends Council rescind Resolution No. 84-92, amend Resolution No. 90-92 and update the Fire Department Fee Schedule by adopting Resolution No. 1999-006 . DISCUSSION: In 1992, a Fire Department fee schedule was created to establish fees for compensation of services rendered(equipment and staffing),which were not considered normal or customary. Examples of the duties performed are; specialty plan reviews, engine company standby time, fire investigation reports, incident run reports, hazardous materials incidents, false alarms, and illegal emergency responses The current proposal replacing Resolution No. 84-92 (Fire Department Fees); eliminates the hazardous material sections that have been designated to the San Luis Obispo County Health Agency, Division of nvironmental Health, Certified Unified Program Agency (CUPA). Additionally, staff recommends amending Resolution No. 90-92, Section 6.2 (Emergency Responses) to read as follows: The Atascadero City Fire Department will seek full cost reimbursement for Emergency Responses. Costs for equipment and personnel shall be adopted by City Council Resolution from time to time. As in 1992,the proposed fee schedule is consistent with other fire agencies in our county. FISCAL IMPACT: The impact cannot be calculated,but the fees will prevent the City from subsidizing certain services. 0001'78 ITEM NUMBER: C - 4 DATE:-01/12/99 ALTERNATIVES: Take no action. RESPONSIBLE DEPARTMENT: Fire Department ATTACHMENTS: Resolution No. 1999-006 Resolution No. 84-92 Resolution No. 90-92, Section 6.2 Shift Activity Report 0001'79 Resolution No. 1999-006 RESOLUTION TO THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,ADOPTING THE FIRE DEPARTMENT FEE SCHEDULE FOR THE COSTS OF EM RGENCY RESPONSES,PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ.,RESCINDING RESOLUTION NO. 84-92 AND AMENDING RESOLUTION NO. 90-92 WHEREAS, Government Code Sections 53150 through 53158 authorizes the City to recover costs of emergency responses; and WHEREAS, the City Council desires to adopt specific Fire Department Fees; and WHEREAS,the City Council desires to rescind Resolution No. 84-72 Fire Department Fees; and WHEREAS, it is appropriate to establish fees to reimburse costs of personnel and equipment for providing necessary emergency response to incidents, special inspections, commercial and residential plan reviews,permits, fire reports, and controlled burn fees. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Resolution No. 84-92 Fire Department Fees is hereby rescinded. SECTION 2. Resolution No. 90-92, Section 6.2 Atascadero Fire Department is hereby amended to read as follows: The Atascadero City Fire Department will seek full cost reimbursement for Emergency Responses. Costs for equipment and personnel shall be adopted by City Council Resolution from time to time. SECTION 3. Fire Department Fee Schedule is hereby adopted as follows: Com liance Inspection Fees There shall be no charge for an annual inspection of an occupancy, with the exception of the following: • If a Fire Department permit is required. • When anoccupancy does not comply with Fire Code standards after the first re- inspectio . The responsible party will be billed actual costs for each additional re- inspection required. • When an ccupancy calls for a final inspection and has not completed the necessary requirements. The responsible party will be billed actual costs for each additional re- inspection required. 000180 City of Atascadero Resolution No. 1999-006 Page 2 of 3 The Fire Chief, may at his/her discretion, waive compliance inspection fees in cases where there is reasonable delay because of waiting for parts or in securing repair personnel to complete the work. Fire Suppression/Emergency Services (Personnel Fees) The City of Atascadero will seekreimbursement from property owners for all personnel utilized to mitigate emergencies in the City or other jurisdictions who initiate an emergency response maliciously or through negligence. In addition,the City of Atascadero will seek reimbursement from insurance companies of property owners for all personnel utilized to mitigate emergencies in the City or other jurisdictions, when applicable. All billing will reflect the current actual hourly rates (E-step), including benefits and rank. Administrative fees are billed using actual hourly rates. Malicious calls are billed at a two (2) hour minimum rate. Subpoena fees: There will be a fee of$150.00 for each personnel for a court appearance. Emergency Vehicle Fees The City of Atascadero will seek reimbursement from property owners for all equipment utilized to mitigate emergencies in the City or other jurisdictions who initiate an emergency response maliciously or through negligence. In addition,the City of Atascadero will seek reimbursement from insurance companies of property owners for all equipment utilized to mitigate emergencies in the City or other jurisdictions, when applicable. Engine..................................................................................................................$100.00/per hour (includes average mileage and pump operation) Command Vehicle .................................................................................................$40.00/per hour Patrol / Squad/Rescue...........................................................................................................$75.00 (includes average mileage and pump operation) Commercial And Residential Plan Reviews/New Construction Inspections/Permit Fees All permits include field compliance inspections: Automatic sprinkler system(commercial 0— 10,000 ft.)..................$75.00 (minimum) Automatic sprinkler system(residential)....................................................................$27.00 Circus..........................................................................................................................$27.00 Compressed gas installation........................................................................................$27.00 Consultation—plan review(in addition to normal process).......................................$27.00 Failure to meet for scheduled on-site re-inspection....................................................$27.00 Firealarm system........................................................................................................$27.00 Fire flow calculations or hydrant flows......................................................................$27.00 Fireworksdisplay........................................................................................................$27.00 Flammable or combustible tanks................................................................................$27.00 Medicalgas system.....................................................................................................$27.00 On-site hydrant system ...............................................................................................$27.00 Residential Plan Review.............................................................................................$27.00 Specialized fire protection system(Halon, dry chemical, CO2, foam, etc.)................$27.00 000181 City of Atascadero Resolution No. 1999-006 Page 3 of 3 Standpipe system(wet, dry, horizontal) '................................................................................$27.00 Tents/Air supported tructures................ .•$27.00 To install, alter, remove, abandon,place temporarily out of service, or otherwise dispose of flammable or combustibleliqu d tanks...................................................................................................$27.00 All other basic perm is or reviews, as identified in the Uniform Fire Code........................... $27.00 Fire Report Fees California Fire Incident Reports (CFIRS) i.e. Company Run Reports) Victim Overthe Counte ................................................................................................................FREE ViaU.S. Mail.... ...............................................................................................................$15.00 Others Overthe Counte ...............................................................................................................$10.00 ViaU.S. Mail....................................................................................................................$15.00 Investigation Report Overthe Counte ...............................................................................................................$27.00 ViaU.S. Mail....................................................................................................................$32.00 Controlled burns of structures 0 5,000 square feet...... .... .... ........................................ ...............................$2,500.00 over 5,000 square feet... ..........Fees to be determined by Fire Chief(based on actual costs) SECTION 4 This resolution shall go into effect immediately upon adoption. On motion by and seconded by the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO By. MARCIA M. TOR ERSON, City Clerk RAY JOHNSON, Mayor . �001�2 RESOLUTION NO. 84-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING NEW FIRE DEPARTMENT FEES BE IT RESOLVED by the City Council of the City of Atascadero: Section 1. Resolution No. 84-92 is hereby adopted to establish Fire Department fees indicated in Exhibit A, made a part of this Resolution; Section 2. These new fees shall be effective. immediately upon adoption. On motion by Councilperson Luna, and seconded by Councilperson Borgeson,.the foregoing resolution is hereby adopted in its entirety, by the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Kudlac; Luna and Mayor Nimmo NOES: None ABSENT: None ADOPTED: 9/22/92 ATTEST:- n CITY OF ATASCADERO By: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ART ER MONTAIgDON, City Attorney APPROVED AS TO CONTENT: MICHAEL P. MCCAIN, Acting Fire Chief 000183 ATASCADE O CITY FIRE DEPARTMENT Resolution No. 84-92 FEE SCHEDULE Exhibit "A" PERMIT INISPECTION FEE - renewable annually (Any combination of permits shall not exceed $90.00.) Aircraft refueling vehicles $35.00 Aircraft repair hanger $35.00 Automobile wrecking yard $35.00 Bowling pin or alley refinishing $35.00 Candles or pen-flame in assembly areas $35.00 Cellulose nitrate storage/handle or store over 25 lbs. $35.00 Combustible fiber storage/handle or store over 100 cubic feet $35.00 Compressed gases: Non-flammable - more than 6000 cubic feet $35.00 Flammable - more than 2000 cubic feet $45.00 Cryogens: Inside building Flammable - over 1 gallon $35.00 Oxidizer (includes oxygen) - over 50 gallons $35.00 Corrosive or highly toxic - over 1 gallon $35.00 Non-flammable - over 60 gallons $35.00 Outside building Flammable - over 60 gallons $35.00 Oxidizer (includes oxygen) over 50 gallons $35.00 Corrosive or highly toxic - over 1 gallons $35.00 Non-flammable - over 500 gallons $35.00 Dry cleaning plant Using flammable liquids $35.00 Using non-flammable liquids $35.00 Dust producing operation $35.00 Explosives r blasting agents $35.00+ Engine standby $125.00/hr Flammable or combustible liquids Inside - Class I (over 5 gallons) $45.00 Class II & III (over 25 gallons) $45.00 Outside - Class I (over 10 gallons) $45.00 Class II & III (over 60 gallons) $45.00 Fruit ripening - ethylene gas process $35.00 Garages (repair) $35.00 Hazardous chemicals $45.00 Ammonium nitrate (over 1000 lbs.) $45.00 Corrosive liquids (over 55 gallons) $45.00 Cryogenics (any amount) $45.00 Highly toxic materials (any amount} $45.00 Hypergolic materials (any amount) $45.00 Nitromethane (over 500 lbs.) $45.00 Organic peroxides (over 10 lbs.) $45.00 Oxidizing materials (over 500 lbs.) $45.00 Poison gas (any amountl $45.00 1 - 000184 9/14/92 ATASCADERO CITY FIRE DEPARTMENT Resolution Not 84-92 FEE SCHEDULE Exhibit "A! PERMIT INSPECTION FEE (continued) Pyrophoric materials (any.amount) $45.00 Any combination of amounts stated above $90.00 Highly toxic .pesticides (storage of any amount) $45.00 High piled combustible stock - exceeding 2500:sq. ft. . $45.00 Junk yards $35.00 Liquified petroleum gas Containers more than 119 gallons water capacity $35.00 Tank vehicles for transportation of LP gas $35.00 Lumber yard - storage in excess of 100,000 board feet $35.00 Magnesium working - process more than 200 lbs. daily $35.00 Matches - manufacture/store in excess of 60 matchman gross (14,400 each gross) $35.00 Nitrate film - store, handle, use or display $35.00 Oil and natural gas wells To drill, own, operate or maintain $35.00 Organic coatings - manufacture over 1 gallon/day $35.00 Ovens (industrial, baking and drying) $35.00 Places of assembly $35.00 Radioactive material To store or handle (see Fire Code for amounts) $35.00 To transport any quantity $35.00 Refrigeration equipment Mechanical refrigeration (see Fire Code for most common refrigerants) $35.00 Spraying or dipping $35.00 Tank vehicles for transportation of flammable and combustible liquids $35.00 Tents and air-supported structures/excess of 200 sq. ft. $35.00 Tire re-capping $35.00 Waste material handling plant $35.00 Welding and cutting operations - any occupancy $35.00 PERMIT FEES FOR EACH OCCURRENCE OF USE Public fireworks display $35.00+ Engine standby, $125.00/hr Industrial/commercial standby $35.00+ Engine standby $125.00/hr Circus standby _ _ $35.00+ Engine standby $125.00/hr Fire Watch/Inspector- current hourly rate 2 000185 9/14/92 ATASCADER0 CITY FIRE DEPARTMENT Resolution No. 84-92 FEE SCHED LE Exhibit "A' PERMIT FEES FOR EACH OCCURRENCE OF USE (continued) Excavation ear flammable or combustible liquid pipelines $10.00 Fumigation or insecticidal fogging (permit.& 24 hour notice.required) $10.00 Failure to notify fire department 24 hours in advance of fumigation or insecticidal fogging double fees Bonfire $10.00 Knox box $10.00 Burning in a public place $10.00 To install, alter, remove, abandon, place temporarily out of service, or otherwise dispose of flammable or combustible liquid tanks $35.00/tank (engine standby for removal) $125.00 FIRE DEPARTMENT COMMERCIAL PLAN REVIEW AND NEW CONSTRUCTION INSPECTION PERMIT Specially 1 n review Automatic sprinkler system $75.00 minimum Fire alarm system $26.00 Compressed gas installation $20.00 Specialized fire protection system (halon, dry chemical, CO-2, foam, etc.) $40.00 Flammable r combustible liquid tank $26.00 Medical gas system $26.00 On-site hydrant system $40.00 Standpipe system (wet, dry, horizontal) $46.00 Tents/airsupported structures $26.00 Consultation - plan review Actual cost/hr (In addition to normal process). (1 hr minimum) Each occurrence Failure to meet for scheduled reinspection on site $26.00 Request for building fire flow calculations or hydrant flow s $26.00 3 000186 9/14/92 ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92 FEE SCHEDULE Exhibit "A" HAZARDOUS CHEMICAL AND MATERIAL INCIDENTS BEYOND NORMAL SERVICE REQUEST (This includes response to railroad properties, freeways and aircraft crashes) First hour of incident No charge for personnel (except for negligent act) and apparatus Beyond first hour of incident $125.00 per piece of apparatus (2 firefighters) +) All special equipment and services Reimbursement of real cost ordered by the fire department necessary to mitigate emergency including services of other City departments Hazardous materials incident $125.00 per piece of response due to negligence apparatus (2 firefighters) + REIMBURSEMENT FOR CHEMICAL TECHNICAL CONSULTANT All technical consultant sessions Reimbursement of real required by fire department cost to supply a technical opinion FIRE INVESTIGATION REPORT FEE Copies of cause and origin $10.00 for single family investigation reports dwellings $10.00 for auto fires $20.00 for commercial buildings FIRE DEPARTMENT INCIDENT REPORT FEES Copy of incident report $10.00 per incident report Additional copies $.75 per page, $10.00 maximum 4 00018'7 9/14/92 ATASCADERD CITY FIRE DEPARTMENT Resolution No..84-92 FEE SCHEDULE Exhibit "A" COMPLIANCE INSPECTION FEE There shall be no charge for an annual inspection of an occupancy (except when a fire department permit is required) or for a reinspection of that occupancy to verify compliance. However, if the occupancy does not comply with Fire Code 'standards; after the first reinspection the occupant will be charged $25.00 for each additional reinspection required. There will be leeway involved. in valid cases where there is delay because of waiting for parts or a delay in securing repair personnel to ' do the work, at the discretion of the Fire Chief. FIRE SUP P SSION COSTS Rates for cost recovery of fire suppression costs will be charged at standard hourly rate for Reserves and equipment, and time and one- half for paid firefighters. Engine company (includes $125.00/hr 2 firefighters) Property owners who allow controlled burns to escape, willfully set fires or through negligence allow fires to start and spread, will be billed for all fire suppression costs. CONTROLLED BURN FEES Controlled bums of structures 1,000-2,000 square feet. $5,000.00 Structures over 2,000 square feet Fee to be determined by Fire Chief All controlled burn rates are figured at standard hourly rate for Reserves and equipment used, and time and one-half for paid firefighters. Engines (with two firefighters) $125.00 per hour PAR AM'DI FEES Charge the ambulance provider $166.00 minimum 100% of advanced life support (ALS) fees they are presently receiving per call. 5 000188 9/14/92 ATASCADERO CITY FIRE DEPARTMENT Resolution No. 84-92 FEE SCHEDULE Exhibit "A' STATE LICENSED FACILITY INSPECTION FEE Inspections of state licensed. facilities $50.00 ..requested by the Dept. of Social Services PENALTY FEES Non-renewal of annual permit Double fees or certificate Failure to obtain permit Double fees 9/14/92 6 000189 RESOLUTION NO. 90-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATAS ADERO, CALIFORNIA, ADOPTING A POLICY FOR THE FINANCIAL RECOVERY OF COSTS OF EMERGENCY. RESPONSES, PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ. WHEREAS Government Code Sections 53150 through 53158 authorizes the City to recover costs of emergency responses to incidents cased by drivers under the influence of alcohol and/or drugs, or drivers whose conduct is intentionally wrongful; and WHEREAS the City Council desires to amend the Atascadero Municipal Code by the adoption of Ordinance No. 259 approving the implementation of a program to recover costs of response to emergencies cause by drunk or reckless drivers; and WHEREAS it is appropriate to establish fees to cover the cost of providing necessary emergency response to incidents involving intoxicatedand/or reckless drivers. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Exhibit . "A" : A Policy for. the Financial Recovery of Costs of "Emergency Responses",pursuant to Government Code Section 53150, et seq. is hereby adopted. SECTION 2. This resolution shall go into effect immediately upon the effective date of Ordinance No. 259 . On motion by Councilperson Rudlac and seconded by Councilperson Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Co ncilmembers Bewley, Borgeson, Rudlac, Luna and Mayor Nimmo NOES: None ABSENT: None ADOPTED: September 22, 1992 ATTEST: CITY OF ATASCADERO By: . LE 1ABOi?`t, arty Clerk ROBERT P. NIMMO, Mayor 000190 Resolution No. 90-92 Page Two APPROVED AS TO FORM: ARTHER R. MONT DON, Ci y Attorney APPROVED AS TO CONTENT: zj— , 1 `- RICHARD H. MCHALE, Chief of Police 000191 RESOLUTION NO. ,9p EXHIBIT "A" Page 1 CITY OF ATASCADERO POLICY FOR THE FINANCIAL RECOVERY OF COSTS OF "EMERGENCY RESPONSES",PURSUANT TO GOVERNMENT CODE, SECTION 53150 et seq. Table of Contents 1.0 Overview of Policy.............................................................:........................................ 1 2.0 Legislative Authority (CaGC §53156) .................................................................... 1 2.1 Cali ornia Government Code, §53156............................................................... 1 2.2 Costs authorized for recovery ............................................................................ 1 3.0 Criteria or the Recovery of Expenses ............................................................ ......... 2 3.1 Theincident..............................................................................:...........r. ......... 2 3.2 An"Emergency Response"................................................................................. 2 3.3 Alc hol/drug influence or willful misconduct.................................................... 2 3.4 Fil' g of charges ................................................................................................. 2 4.0 Procedure for Recovery ............................................................................................. 2 4.1 Inti ition of reimbursement form ...................................................................... 2 4.1.1, Automatic aid responses-Fire Department ................. ....................... 3 4? Finance Department billing..................................................................................3 4.3 Civil obligation (CaGC§53154)........................................................................ 3 5.0 Financia 1 Responsibility..................... .......................................................................3 5.1 Liability limitations (CaGC§53155)................................................................. 3 5.2 Insurance payment of expenses (CaGC§53154).............................................. 3 6.0 Charges for an Emergency Response........................................................................ 4 6.1 Ata cadero Police Department.......................................................................... 4 6.2 Ata cadero Fire Department............................................................................. 4 6.3 Ata cadero Streets Division............................................................................... 4. 6.4 Ata cadero Finance Department....................................................................... 4 6.5 Civil court remedies ......................... ..................................................................5 7.0 Unifo Enforcement/Cancellation.......................................................................... 5 7.1 U orm enforcement......................................................................................... 5 . 7.2 Debt Cancellation .............................................................................................. 5 7.3 Judicial Filings............................. . ................................................................... 5 7.4 Disbursement of monies..................................................................................... 5 Appendix A Government Code Sections)........................................................................ 6 Appendix B (Financial Recovery Reimbursement Form)................................................ 8 0001.92 RESOLUTION NO. 90-92 EXHIBIT "A" Page 2 CITY OF ATASCADERO POLICY FOR THE FINAiNCIAL RECOVERY OF COSTS OF"EMERGENCY RESPONSES",PURSUANT TO GOVERI-gMENT CODE, SECTION 53150 et seq. 1_0 OVERVIEW The purpose of this policy is to establish a procedure whereby the City of Atascadero can recover expenses incurred by the Atascadero Police,Fire,or other City Departments due to`Emergency Responses'. Those `Emergency Responses'having been caused by persons driving under the influence of alcohol and/or drugs and negligently operating a motor vehicle,boat,or airplane or whose"intentionally wrongful conduct"causes such an`Emergency Response'as ouflined in the California Government Code,sections 53150 through 53158 (Appendix A)- 2.0 LEGISLATIVE AUTHORITY FOR EXPENSE RECOVERY 2.1 California Government Code Section 53156 California Government Code section 53156 states: "`Expense of an Emergency Response'means reasonable costs incurredby a public agency in reasonably making an appropriate emergency response to the incident,but shall only include those costs directly arising because of the response to the particular incident Reasonable costs shall include the costs of providing Police, Firefighting, Rescue, and Emergency Medical services at the scene of the incident,as well as the salaries of the personnel responding to the incident" 2.2 Costs Authorized for Recovery The above section describes costs which include,but are not limited to: 2.2.1 Mileage to and from the incident scene. 2.2.2 The cost of the wages of the officers, firefighters, and other emergency personnel at the scene for traffic/crowd control, investigations,fire suppression and medical aid. 2.2.3 The cost of the material used at the scene;flares,medical supplies, blankets, etc. 2.2.4 The cost of the preparations of the reports and the follow-up investigations. 0001-'- RESOLUTION NO. 90—: EXHIBIT "'A" Page 3 Emergency Response Financial Recovery Page 2 2.2.5 The costs,including salaries,incurred by a"public agency"making a reasonable emergency response to an incident. 3.0 CR FOR THE RECOVERY OF EXPENSES 3.1 The Incident The incident, of whatever nature, must have occurred within the jurisdiction and prim ry response area of the Atascadero Police Department and/or within the area cove ed by the Atascadero Fire Department for primaryresponse or that area covered under the Automatic and/or Mutual Aid fire suppression/medical aid responsibility. 3.2 1 ui Emergency Response An"Emergency Response'must have been initiated by either the Atascadero Police and/or Fire Department(s), to which the Department(s) have the primary police responsibility or the primary/Automatic Aid and/or Mutual Aid fire suppression/ mei cal aid responsibility. 33) i Ucohol/Dru(y Influence or Willful Misconduct It mast be determined that the incident was caused by a.person who was under the influence of alcohol and/or drugs at the time of incident,or as a result of engaging in "intentionally wrongful (or reckless)conduct". 3.4 Fling of Charges The person responsible for the incident must be charged with a violation of the California Vehicle Code, the Penal Code, the Health & Safety Code or with an applicable section of a Boating or Aviation code,which reflects such an alcohol/drug influence,or a section reflecting"intentionally wrongful conduct". 4.0 PROCE.DURE 4.1 Initiation of Reimbursement Form The on-duty Police Department Watch Commander or ranking Fire Officer shall inti ite the Financial Recovery Reimbursement Form,(Appendix B)when the above criteria is present. Once initiated,the Financial Recovery ReimbursementForm shall the be forwarded to the Police Operations Lieutenant,Battalion Chief and/or Public Wo ks Administrator for completion or review and subsequent routing to the Finance Division. 000194 RESOLUTION NO. 90-92 EXHIBIT "A" Page 4 Emergency Response Financial Recovery Page 3 4.1.1 AutomaticAid/Mutual Aid Responses-Fire Department Should the"Emergency Response"occur outside of the city limits of the City of Atascadero,butwithin the area covered under the Automatic Aid pact,and/ or Mutual Aid,for the Atascadero Fire Department,the Financial Recovery Reimbursement Form will be initiated by the ranidng Fire Officer. The form will then be forwarded to the Finance Division for billing,as covered in section 4.2 below. 4.2 Finance Division Billing _ The original of the form shall be forwarded to the Finance Division of the. City of Atascadero forappropriatebillingoftheresponsbleparty.The participatingclepartments shall retain a copy of the completed form for their records. The Finance Division may exercise the option of using a professional collections agency if deemed appropriate. 4.3 Civil Obligation The billing procedure described constitutes a civfl obligation and shall not be affected by the disposition of any resultant criminal proceeding. (CaGC§53154) 5.0 FINAINCIAL RESPONSIBILITY 5.1 Liability Limitation "In no event shall a person's liability under this article for the expense of an emergency response exceed one thousand dollars ($1,000.00)for a particular incident." (CaGC §53155) 5.2 Insurance Payment of Expenses "The expense of an emergency response shall be a charge against the person liable for expenses under this article. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under contract, expressed or implied, except that liability for the expenses provided for in this article shall notbe insurable and no insurance policy shall provide or pay for the expenses."(CaGC §53154) 000195 • RESOLUTION NO. 90-92 • EXHIBIT "A" Page 5 Emergency Response Financial Recovery Page 4 6.0 CHARGES FOR EMERGENCY RESPONSES 6.1 Atascadero Police Department The Atascadero Police Department will submit a bill for its Emergency Responses at the rate of thirty-five dollars ($35.00) for each patrol vehicle responding to the emergency. In addition a charge will be billed for employees salaries,which will be based upon their regular hourly rate plus overtime (if required) as stipulated in the current?IOU for their classification. The hourly charge shall be for the total time of each suc 1 employee while the employee is engaged in any necessary function relating to the e rgency.This shall include the total time spent preparing the resultant report; includin but not limited to:writing,reviewing,processing and filing of the report. The unit cha ge shall cover all associated costs of the patrol vehicle incruduig ordinary supplies,mileage,and depreciation. The total bill charged shall be itemized to include employee time and units of equipment deployed. 6.2 Atascadero Fire Department The Ata cadero Fire Department will submit a bill for its Emergency Responses at the rate of sixty dollars ($60.00) for each piece of fire apparatus responding to the emergency. In addition a charge will be billed for employees salaries,which will be based upon their regular hourly rate plus overtime(if required) as stipulated in the current i IOU for their classification. The hourly charge shall be for the total time of each suc i employee,while the employee is engaged in any necessary function relating to the er lergency. The unit charge shall cover all associated costs of the fire apparatus includin Y ordinary supplies,mileage,and depreciation..The total bill charged shall be itemizec to include employee time and units of equipment deployed. 6.3 Atascadero Street Maintenance Division The Atascadero Street Maintenance Division will submit a bill for its Emergency Respon es at the rate of thirty-five dollars ($35.00) for each piece of equipment respond ngto the emergency. In addition a chargewill be billedfor employees salaries, which will be based upon their regular hourly rate plus overtime (if required) as stipulate d in the current MOU for their classification. The hourly charge shall be for the total time of each such employee while the employee is engaged in any necessary function relating to the emergency. The unit charge shall cover all associated costs of the fire apparatus including ordinary supplies,mileage,and depreciation.The total bill charged shall be itemized to include employee time and units of equipment deployed Additionally, the Street Maintenance Division will submit for inclusion in the billing . process, the replacement costs for any and all damaged roadway material (ie: guardrails,stopsigns,streetsigns,etc.). MOIL% RESOLUTION NO, 9C- EXHIBIT "A" Page 6 Emergency Response Financial Recovery - Page 5 6.4 Atascadero Finance Division Itwill be the responsbility of the finance division to include in the bill to the defendant, a charge of fifty dollars 050.00) to cover the administering,accounting, billing and tracking costs incurred in the preparation and collecting of this debt. 6.5 Civil Court Remedies It shall be the policy of the City of Atascadero,that should any debt incurred under the provisions of this policy become uncollectable,a civil remedy shall be sought In such a case, the City of Atascadero shall request reimbursement for courtcosts and reimbursement for the wages of the City employee(s)required in court to prove the City's case as a part of such civil action. 7.0 UNIFORM ENFORCEMENT/CANCELLATION OF DEBT 7.1 Uniform Enforcement The provisions hereof shall be applied uniformly against all such persons charged with a Penal Code,Vehicle Code,Health and Safety Code or other statutory violation;no City official other than a majority of the City Council shall have authority to reduce or cancel the debt obligation after criminal charges arising from the incident have been approved by the District Attorney. 7.2 Debt Cancellation The debt obligation herein shall only be excused or cancelled by the City Council after a duly noticed public hearing. 7.3 Judicial Filings All judicial actions for judgment and collection of the debt obligation herein shall be filed in the San Luis Obispo County Municipal Court,Small Claims Division. 7.4 Disbursement of Monies All monies collected shall be placed in the City's General Fund,and shall be included in City budget projections. 000197 ATASCADERO FIRE DEPARTMENT SHIFT ACTIVITY REPORT DATE ISSUED: NAME: INCIDENT# SHIFT: DATE OF INCIDENT: TYPE OF INCIDENT: LOCATION OF INCIDENT: RESPONSIBLE PAR (IES) NAME(S): ADDRESS(ES): INSURANCE INFORMATION: PHONE NUMBER: FEE RATE NUMBER HOURS TOTAL TOTAL UNIT UNITS HOURS FEE ENGINE COMPANY 100.00/HR X = FIRE CHIEF $55.03/HR X = BATTALION CHIEF $38.04/HR X = CAPTAIN $25.98/HR X = ENGINEER $23.45/HR X = FIREFIGHTER $21.91/HR X = SEASONAL F/F $ 9.86/HR X = RESERVE F/F $11.59/HR X ADMINISTRATION $17.44/HR X = OUTSIDE SERVICE $ TOTAL COST RECOVERY FEE $ APPROVED: DENIED: MichaE I P. McCain, Fire Chief Michael P. McCain, Fire Chief COMMENTS: * Malicious incidents are billed at a two (2) hour minimum. 000198 Revised 12-7-98 ITEM NUMBER: C - 5 DATE: 01/12/99 of ®A i!® i iais ® i9�s CADF,� City Manager's Agenda Report Wade G. McKinney Information Bulletin A. Employee U date Jamie Heltsley kssistant Planner Hired 12/10/98 Julie Gonzales YTime Service Worker Resigned 11/9/98 David Beas 3r. Civil Engineer Hired 12/21/98 Kathy Buth ffice Assistant III Resigned 12/23/98 Kelly Vial YTime Sr. Lifeguard Resigned 12/4/98 Karen Connolly /Time Rec. Leader Hired 12/19/98 David Barrick YTime Rec. Leader Hired 12/19/98 Craig Herron /Time Rec. Leader Hired 12/19/98 Nicholas Jiminez YTime Rec. Leader Hired 12/19/98 Jeanne Lauffler /Time Rec. Leader Hired 12/19/98 Stephanie Little /Time Rec. Leader Hired 12/19/98 Richard Mijares /Time Rec. Leader Hired 12/19/98 000199