HomeMy WebLinkAboutAgenda Packet 01/11/2000 ■..M AGENDA
191i.4' 1878
ATASCADERO CITY COUNCIL MEETING
TUESDAY, JANUARY 11, 2000
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION: (Immediately following Redevelopment Agency Meeting)
1 Conference with legal counsel [Govt. Code §54956.9]
Existing litigation:
a. City of Atascadero v Atascadero Unified School District
b. City of Atascadero v Kelly Gearhart
REGULAR SESSION,,7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Scalise
ROLL CALL: Mayor Johnson
Mayor Pro Tem Arrambide
Council Member Clay
Council Member Luna
Council Member Scalise
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation declaring February 2, 2000,L Annual National Groundhog Job Shadow
Day„
COMMUNITY FORUM:
(This portion,of the meeting is reserved for persons wanting to address the Council"on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
facture agenda.)
COUNCIL ANNOUNCEMENT 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. The Council may
take action on items listed on the Agenda.)
CORRESPONDENCE:
1. Memo from League of California Cities entitled, "League Board Acts to Increase
Legislative Effectiveness; Due will increase by 5%.
A. CONSENT CALENDAR: Rall 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 23, 1999
■ City Clerk'recommendation: Council approve the City Council minutes of November
23, 1999 [Marcia McClure Torgerson]
2. City Council Minutes-December 14, 1999
City Clerk recommendation: Council approve the City Council minutes of December
14, 1999 [Marcia McClure Torgerson]
3. City Council Study Session Minutes—December 29, 1999
■ City Clerk recommendation: Council approve the City Council Study Session
minutes of December 29, 1999 [Marcia McClure Torgerson]
2
4. Public Sewer Extension Design,North El Camino Real
■ Fiscal Impact: S19,800.00 to be funded from the Wastewater Division's FY99-00
Contingency Reserve
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Cannon Associates to prepare plans and specifications for a gravity sewer main
along El Camino Real from Del Rio to the proposed lift station north of the
intersection of El Camino Real and Santa Cruz Road(PS413), at a maximum cost of
S19,800.00, and make the necessary appropriations. [Community Services
Department]
5. Santa Cruz Road Slope Stabilization Project(#9$-15)—Accept the completed public
improvements and authorize release of the project retention.
■ Fiscal Impact: S7,298.40 in FEMA Funds (Fund 500)
■ Staff recommendation: Council accept public improvements as complete and
authorize release of'the project retention in the amount of 57,298.40 to Souza
Construction, Inc. [Community Services Department]
6. Traffic Way Storm Drain Project—Agreement with Cannon Associates at maximum cost
of$14,600 for engineering design services required to prepare plans, contract documents,
technical specifications and special provisions for the extension of an existing storm drain
system along Traffic Way.
■ Fiscal Impact: S14,600.00 (S6,700.00-STIP, 57,900.00-Fund 700)
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Cannon Associates at maximum cost of S14,600.00 for the engineering design
services required to prepare plans, contract documents, technical specifications and
special provisions for the extension of an existing storm drain system along Traffic
Way. [Community Services Department]
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
I. General Plan Update— Scope of Work
■ Fiscal Impact: None
■ Staff recommendation: Council receive and file the attached Scope of Work for the
2000 General Plan Update. [Community Development Department]
2. Information Bulletin
E. COMMITTEE REPORTS: •
(The following represent standing committees. Informative status reports will be given,
as felt necessary.):
I. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. Finance Committee
3. Water Committees:
a. SLO County Flood Control & Water Conservation District Water Resources
Advisory Committee
b. Nacimiento Water Purveyors' contract Technical Advisory Committee
C. North County Water forum
4. Integrated Waste Management Authority
5. North County Council
6. Air Pollution Control District
7. County Mayor's Round Table
8. Economic Vitality Corporation, Board of Directors
9. City/ Schools Committee
10. Economic Opportunity Commission
11. SCA-3 Steering Committee
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
G. ADJOURNMENT:
THE NEXT CITY COUNCIL REGULAR SESSION IS SCHEDULED ON JANUARY 25,
2000, AT 7:00 P.M.
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 of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
GENERAL INFORMATION
The City Council meets 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 reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208), and in the Information Office (Room 103),
available for public inspection during City Hall business hours. An agenda packet is also available for
public review at the Atascadero 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 City Clerk'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 accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their report, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
• the matter being considered to step up to the podium. If you wish to speak for, against or comment in
any way:
• You must approach 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, and no one may speak more than twice on any item.
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard 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 approach the podium and be recognized
• Give your name and address
• State the nature 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 allowed 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.
"ANNUAL NATIONAL GROUNDHOG JOB SHADOW DAY"
February Z 2000
WHEREAS, the recognition of the Third Annual National Groundhog Job
Shadow Day on February 2, 2000, as an opportunity to recognize and celebrate
the importance of students experiencing the workplace through mentoring and job
shadowing; and
WHEREAS, local companies will recognize the importance of partnerships
between schools and businesses to ensure the economic prosperity of communities
and the ability of our students to participate in the global workplaces of tomorrow;
and
WHEREAS, students will spend a day shadowing engineers, firefighters,
graphic designers, doctors, teachers, government employees, technicians, and
workers from many other professions to see how their classroom lessons are
relevant in the workplace; and
WHEREAS, America's Promise has joined with the National School to Work
Opportunities Office, Junior Achievement, and the American Society of Association
Executives to spearhead this national effort to provide students with the
opportunity to learn about and experience a wide-range of possible career
choices; and
WHEREAS, it is particularly fitting for the City of Atascadero to participate
in and support Groundhog Job Shadow Day and encourage the continuing
partnership of business and education in achieving their goals. It is fitting that
parents, educators, employers, and other members of our community join in
celebration of this effort to guarantee each student lifelong learning experiences.
NOW, THEREFORE, 1, RAY JOHNSON, Mayor of the City of Atascadero,
do hereby proclaim .February 2, 2000 as "Annual National Groundhog Job
Shadow Day" in the City of Atascadero, California.
RAYJOHNSON, Mayor
City of Atascadero, California
January 11, 2000
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RECEIVED- Ledque of California Cities
- — ED
1400 K Street
189&199$ Sacramento,CA 90
OEC - 21999 916.658.8200
FAX 916.658.8240
Better Cities—A Better Life www.cacities.org
ATASCADERO CITY MANAGER
November 29, 1999
To: Mayors and City Managers
From: John Ferraro, League President
President,Los Angeles City Council
Subject: League Board Acts to Increase Legislative Effectiveness;
Dues will increase by 5%
Increase legislative effectiveness through lobbying, research and technology.
In recognition of cities' strong desires for increased legislative effectiveness, the board of S
directors adopted a work program and spending plan to bolster this critical program area.
The plan is to focus on three major areas of activity which will work together to increase
the influence cities and the League exert on legislative deliberations. These areas are
lobbying, research and technology. (For details, see the attached summary of new or
enhanced programs.)
Strategic plan will guide future changes in League services.
The board will conduct a strategic planning process in 2000 to ensure that League
services and policies are well conceived and properly targeted to strengthen cities and the
League in the twenty-first century. One objective of this process will be to identify "stuff
to stop" and ways to stretch your dues dollars. City officials will have an opportunity to
participate in the strategic planning process directly and through their representatives on
the board of directors.
One-year budget bridges transition.
The board adopted a one-year budget for the year 2000. This departs from the policy of
having two-year budgets. The one-year format will allow the board to assess the
effectiveness of changes made in emphasis and staffing levels, and to implement the
strategic plan with a new two-year budget next year.
000002
Expanded legislative program requires a dues increase.
Two key things are needed from cities to achieve the goal of increased legislative
effectiveness. First, active participation by city officials is essential in the development
of major statewide policies, and in grassroots lobbying efforts on key bills. Second, the
ambitious work plan for 2000 requires an increased financial commitment. To address
this second need, the budget approved by the board includes a five percent dues increase.
About the League Dues.
League dues follow a sliding scale based upon city population. With the intent of being
as accurate and fair as possible, the League bylaws provide that, for membership dues
purposes, "the population of each city shall be the population determined by the State
Controller in making the most recent allocation of subventions to cities." This ensures
dues are consistent with a city's ability to pay.
For dues to keep pace with inflation, the board must increase dues. This is because the
dues formula does not provide for automatic revenue growth by taking into account
changes in the cost of living or increased economic activity, as city revenue sources do.
The five percent dues increase in 2000 is needed to allow the League to undertake this
expanded work program to achieve increased legislative effectiveness.
League bylaws allow cities the opportunity to ratify the board's action to increase dues
through action of the regional divisions. This ratification process will occur during the
next 60 days, and dues statements will be sent to all cities following the divisions'
actions.
Committee will review League bylaws and dues.
A committee of the board will review the League's bylaws and organizational policies
during the coming year. The committee's charge is to consider a wide variety of issues,
including the dues schedule and structure. Recommendations for change will be
presented to the board and ultimately to the membership for consideration prior to the
2000 annual conference.
In conclusion:
The year 2000 is a time of transition for the League: a new millennium, a new executive
director, and a new opportunity to address some troublesome and complex issues
affecting the future of home rule and the fiscal integrity of city governments. Through
the League, all city officials have the opportunity to help shape solutions to the issues of
greatest importance to our cities and the state of California. Our organization is strong. It
is financially sound. It includes participation from every city in California. More than
ever, it is important for cities to act energetically, in unison, and with renewed focus to
amplify our voice in legislative matters.
This plan will move us forward in a significant way.
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2
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THE 2000 LEAGUE BUDGET:
INCREASING THE LEAGUE'S LEGISLATIVE EFFECTIVENESS
The League board of directors adopted an ambitious budget to guide League services and
finances in 2000. The board's overall objective is to increase legislative effectiveness
through changes in three major areas of activity.
Lobbying—The League will make the biggest expansion of lobbying efforts ever by:
• Hiring one new lobbyist, the first such increase in over a decade.
• Adding two new legislative research positions. These researchers will allow the
League to conduct focused research on issues of immediate legislative importance
and mobilize the membership for timely grassroots efforts.
• Undertaking a major project to assess and improve the systems and strategies used for
grassroots lobbying.
• Fostering a closer relationship with constituency groups, which will help with
educational programs, involvement with policy development and legislative issues.
• Retaining flexibility to engage contract lobbyists to work with key legislators on
priority issues, if the need arises.
Research—In 2000, the League will expand the amount and quality of research
undertaken to support policy positions adopted by city officials by:
• Hiring two new legislative researchers, as mentioned above.
• Funding a major research report on the fiscal condition of California cities to
support our telling the "city story" about the impact of state decisions on local
services.
• Providing core funding for the Institute for Local Self Government to undertake major
research projects like the"Takings"project and other comparable projects.
Technology—The League will become a leader in the effective and practical application
of technology to further the interests of cities by:
• Developing an information technology strategic plan for the League with assistance
from city IT experts.
• Investing in technology that will increase the effectiveness and timeliness of
communications and legislative and grassroots activities.
• Substantially expanding the use of CITYLINK 2000, the League's Internet website.
• Creating a new on-line service for city attorneys containing a searchable database of
publications and information, links to other relevant sites, etc. If successful, this
effort will lead to similar services for other professional departments of the League.
After the service is in place, subscription fees by users should cover the costs of
maintaining the service.
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3 OU0004
GENERAL FUND REVENUES
Corporate Partners Interest/Other
Contracts 2% 5%
10%
Exposition
7%
Dues
46%
Conferences and Institutes
30%
GENERAL FUND EXPENDITURES
Board/Executive
Legal Services Administration
e
3/0 11%
Customer Services
Education 18%
37% -
Communications
e
Policy Development8/e
Lobbying 6%
17%
G:UASSW EM8ERIRIDWUO=I W ROGBDW.XLS 4
006,005
1999 AND 2000 DUES SCHEDULES
(Represents a 5% increase)
For cities having a population of: 1999 Dues 2000 Dues
1 to 500 . . . $ 34 $ 35
501 to 600 . . . 90 94
601 to 700 . . . 181 190
701 to 800 . . . 198 208
801 to 900 . . . 237 248
901 to 1,000 . . . 290 304
1,001 to 1,250 . . . 453 476
1,251 to 1,500 . . . 560 588
1,501 to 1,750 . . . 666 699
1,751 to 2,000 . . . 793 832
2,001 to 2,250 . . . 845 887
2,251 to 2,550 . . . 935 982
2,501 to 2,750 . . . 989 1,039
2,751 to 3,000 . . . 1,078 1,132
3,001 to 4,000 . . . 1,207 1,267
4,001 to 5,000 . . . 1,439 1,511
5,001 to 7,500 . . . 1,873 1,966
7,501 to 10,000 . . . 2,162 2,271
10,001 to 15,000 . . . 2,610 2,741
15,001 to 20,000 . . . 31006 3,156
20,001 to 25,000 . . . 3,763 3,951
25,001 to 30,000 . . . 4,519 4,745
30,001 to 40,000 . . . 5,562 5,840
40,001 to 50,000 . . . 6,767 7,105
50,001 to 60,000 . . . 7,795 8,185
60,001 to 70,000 . . . 8,567 8,995
70,001 to 80,000 . . . 8,998 9,448
80,001 to 90,000 . . . 9,592 10,072
90,001 to 100,000 . . . 10,509 11,035
100,001 to 125,000 . . . 11,985 12,584
125,001 to 150,000 . . . 13,192 13,851
150,001 to 200,000 . . . 14,993 15,743
200,001 to 500,000 15,744 16,531
Plus 751 789
per each full 10,000 of population over 200,001
Over 500,000 38,217 40,128
Plus 694 729
per each full 10,000 of population over 500,001
In no event shall the annual dues for any city exceed $50,000, and no city's dues shall
increase by more than$5,000 per year.
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5 000006
ITEM NUMBER: A- 1
DATE: 01/11/2000
MINUTES
ATASCADERO CITY COUNCIL MEETING
TUESDAY, NOVEMBER 23, 1999
7:00 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:01 p.m. and Council Member Clay led the Pledge
of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia McClure Torgerson and City Treasurer David Graham
Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief
Mike McCain, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Principal Planner
Warren Frace, Assistant City Engineer John Neil and City Attorney Roy
Hanley.
APPROVAL OF AGENDA:
MOTION: Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Daphne Fahsing, 5105 Llano Road, stated in a prepared statement that the Council has received
numerous calls and letters opposing the expansion of the Atascadero State Hospital, yet the
000007
majority of the Council voted in favor. She expressed concern that the Council is not listening to
the majority of Atascadero citizens and feels she cannot trust several of the Council Members.
(see Attachment A)
Mayor Johnson clarified that the decision about the State Hospital is a State decision. He stated
that the Council has only requested input.
John McGoff, 9192 Maple St., expressed in a prepared statement his disappointment with the
Council for ignoring the public, staff and Planning Commission on land use issues. He cited
several examples such as the Lakes and Mackey projects to support his statements. (see
Attachment B)
Eric Greening, 6600 Lewis Ave., stated that he felt Ms. Fahsing's commentary summed up his
own concern for the fact that a motion was made which specified that the City would like to be
considered as a site, not just receive more information.
Mayor Johnson closed the Community Forum period
COUNCIL ANNOUNCEMENT AND REPORTS:
Council Member Luna explained that bow hunting is legal within the City limits. However, he
asked for consensus to have staff bring the issue back to Council to consider outlawing bow
hunting within the City limits.
There was Council consensus to direct staff to bring the issue of bow hunting within the City
limits back to the City Council for review.
Council Member Clay stated he respects some of the things Ms. Fahsing said but he was at the
Highway 41 meeting and the public comments were not three to one against, but rather they were
about fifty-fifty. He stated that he thought his side did an excellent job of presenting their
petitions and their arguments. He also explained, in regard to Mr. McGoffs poisonous
accusations, it isn't always just four. He stated he remembered four little words at the last
proposal. Also, the projects that the Council has passed are good in-fill projects. Council
Member Clay commented that having spent three days at a National Smart Growth Conference,
he knows that what the Council was doing was not out of line in any respect. He stated there are
40,000-50,000 coming into California per month and they are going to go somewhere. We can
turn our backs and send them to San Miguel or Paso Robles, but sooner or later we will have to
address the issues. He offered to drive anyone around who thinks these are terrible projects so he
could show them the good the Council has done.
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Page 2
A. CONSENT CALENDAR:
1. City Council Minutes—October 26, 1999
■ City Clerk recommendation: Council approve the City Council minutes of October
26, 1999 [Marcia McClure Torgerson]
2. City Council Minutes—November 09, 1999
■ City Clerk recommendation: Council approve the City Council minutes of November
09, 1999 [Marcia McClure Torgerson]
3. Acceptance of Final Parcel Map 999012—AT 99-164 (905 El Camino Real) (Greenberg
Farrow/ Gearhart/ Kregger)
■
Fiscal Impact: None
■ Staff recommendation: Council:
L Accept the Final Map 999012; and
2. Reject the offer of dedication for the El Camino Real right-of-way north of the
San Ramon Road intersection [Community Development Department]
4. Davis Property: Zone Chane #98004—Establishment of Planned Development 15
Overlay District - (3900 Traffic Way/ Shores)
■ Fiscallmpact: None
■ Staff recommends: Council introduce for second reading by title only Ordinance No.
367, adding a Planned Development Overlay District-15 (PD-15) to the City Zoning
Ordinance. [Community Development Department]
5. Davis Property: Zone Change #98004 - Mixed Use Cluster Residential Subdivision—
(3900 Traffic Way/ Shores)
■
Fiscal Impact: None
■ Staff recommendation: Council introduce for second reading by title only Ordinance
No. 368, rezoning the project site from RS (Residential Suburban) to RSF-X(PD-15),
L (PD-I5) (Recreation), and I(Industrial) [Community Development Department]
6. Atascadero Mall Overlay Proiect(#99-01)—Accept completed public improvements
■ Fiscal Impact: $11,563.62 in Urban State Highway Account and Sidewalk Trust
Funds (Fund 500)
■ Staff recommendation: Council accept public improvements as complete and
authorize release of the project retention in the amount of$11,563.62 to A.J. Diani
Construction Company[Community Services Department]
7. Garcia Road Storm Damage Repairs—Bid No. 99-03
■ Fiscal Impact: S39,882
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Whitaker Engineering Contractors, Inc. [Community Services Department]
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Page 3 000009
8. San Benito Elementary School Road Improvements—Bid No. 99-07
■ Fiscal Impact: $26,517.96 0
■ Staff recommendation: Council authorize the Mayor to execute an agreement with
Souza Engineering Contracting, Inc. to construct the route to school improvements at
the San Benito School. [Community Services Department]
9. Garcia Road Bridge Replacement Project
■ Fiscal Impact: $12,450 ($9,960 HBRR, $2,490 Fund 705)
■ Staff recommendation: Council authorize the Mayor to execute a Consultant Services
Agreement with Tarvin &Associates for the services required to prepare appraisals
and right-of-way maps for the acquisition of slope easements and rights-of-entry
required to replace the Garcia Road bridge. [Community Services Department]
10. Request to Serve Alcohol at a Private Function in the City Administration Building
■ Fiscal Impact: $200.00 in rental income
■ Staff recommendation: Council approve the request to serve alcohol at a private
function in the City Administration Building. [Community Services Department]
11. Lighting Plan for Atascadero Lake Park—Request by the Atascadero Rotary Club to
modify plan
■ Fiscallmpact: None
■ Staff recommendation: Council approve a request by the Atascadero Rotary Club to
modify the Lighting Plan for Atascadero Lake Park by installing one additional
decorative lamppost in the approximate location of a recently removed PG&E power-
pole with a streetlight fixture. [Community Services Department]
12. Annual Investment Policy Review—Finance Committee review of Investment Policy
with recommended changes and additions.
■
Fiscal Impact: None
■ City Treasurer recommendation: Council approve the attached revised Investment
Policy with the changes and additions as recommended by the City Finance
Committee. [City Treasurer]
The City Clerk pulled Item #A-2 for corrections, Rush Kolemaine pulled Item#A-3, Eric
Greening pulled Item#A-4, Council Member Luna pulled Item #A-10, John McGoff pulled Item
#A-12.
MOTION: By Council Member Clay and seconded by Council Member
Scalise to approve Items #A-1, 5, 6, 7, 8, 9, and 11.
Motion passed 5:0 by a roll-call vote.
RE: Item 4A-3: Rush Kolemaine, P.O. Box 1990, asked the Council to review the traffic
situation before approving this item. Principal Planner Warren Frace confirmed that the
submitted parcel map is that which was approved by the Planning Commission. He stated that
the El Camino Real improvements are consistent with the General Plan. Mr. Kolemaine
explained that he has concern for the circulation element with regard to direct access between
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Page 4 000010
Traffic Way and El Camino Real. Council Member Luna asked if we would lose anything by
accepting the offer and if the developers would be responsible for the road. Mr. Frace responded
that it would be frilly improved to City standards by the developers and they would be
responsible for the road.
MOTION: By Council Member Clay and seconded by Council Member
Scalise to approve Item #A-3.
Motion passed 5:0 by a roll-call vote.
RE: Item#A-4: Eric Greening, 6600 Lewis Ave., asked that a Phase II survey be done before
plans are drawn. He requested that a monument or plaque be placed at the De Anza campsite in
cooperation with Meredith Capland. Council Member Clay stated, in regards to the adobe found
near the Davis project, he would like to see a plaque placed there. He commented that the
installation of fields would not be as big of a problem.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve Item #A-4.
Motion passed 5:0 by a roll-call vote.
RE: Item #A-10: Council Member Luna asked if there will be security during this event.
Community Services Director Brady Cherry responded that private security would be required.
Council Member Luna expressed concern that this event would take place within a drug-free
zone. Mayor Johnson stated that this event is probably in the gray area and recommended a
close watch be kept on the events in the City Administration Building.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, stated that he believed the amendment made to the policy for
the allowance of alcoholic beverages in the City Administration Building would be limited to
three events per year providing that the party was non-profit or a body of the City, excluding
private parties. He asked for the date, time, and expected attendance for the event. Mr. Cherry
responded that reservations were made for December 11, 1999, from 5:30— 8:00 p.m., with
approximately 60 persons in attendance.
John McGoff, 9192 Maple St., expressed his opposition to allowing alcohol use on City property.
Mayor Johnson closed the Public Comment period!
No motion was made by the Council, thus denying the request.
RE: Item 9A-12: John McGoff, 9192 Maple St., asked if he correctly understood that the
Health and Safety Code requires Redevelopment Agency funds to be separately banked and
budgeted. Administrative Services Director Rachelle Rickard responded that the funds are in
separate accounts, tracked separately, etc. She stated that it is part of the same checking account;
however, the City and Redevelopment Agency funds are not interspersed. Mr. McGoff asked if
it is City policy to invest in real estate. City Treasurer David Graham responded that
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Page 5 000011
investments in real estate are forbidden by the State Code. He stated that we can, however,
invest in mortgage backed securities.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to approve Item #A-12.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. Atascadero State Hospital / Chalk Mountain Golf Course Annexation—Conducting
Authority Hearing of Annexation.
■ Fiscal Impact: Positive
■ Staff recommends Council, acting as the Conducting Authority:
1. Summaries the LAFCo resolution of determination on the reorganization.
2. Open the Public Hearing and allow anyone wishing to protest the annexation to
make statements and submit or withdraw written protests to the Clerk.
3. Close the Public Hearing and recess the meeting to allow the Clerk to determine
the value of written protests filed and not withdrawn.
4. Reconvene the meeting and have the Clerk report the value of the written protests
that have been filed
5. Adoption of Resolution 1999-068 making a finding regarding the value of the
written protests filed. [Community Development Department]
Principal Planner Warren Frace gave the staff report and answered questions of Council.
Council Member Luna asked how notification was given. Mr. Frace stated that all voters have
been notified by mail. Council Member Luna asked what document was sent out. Mr. Frace
responded that a legal notice, outlining the project and the process for filing a protest, was sent
with a map to all registered voters within the boundary.
Mayor Johnson read a summary of the LAFCo resolution passed November 18, 1999.
Mayor Johnson opened the Public Hearing to allow anyone wishing to protest the annexation to
make statements and submit or withdraw written protests to the Clerk.
PUBLIC COMMENT: None
Mayor Johnson asked the City Clerk to report on the written protests filed.
Ms. Torgerson reported to the Council that she has received one valid written protest (see
Attachment D). She explained that as a result, the Council may adopt the proposed Resolution,
deleting #2 and#3 under Section 1, Finding and deleting 42 and 93 under Section 2.
Determination.
0
CC 11/23/99
000012
Page 6
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to adopt Resolution No. 1999-068 accepting
Finding 1, deleting 2 and 3, and accepting Determination 1,
deleting 2 and 3.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. General Plan Update Strategy
■ Fiscal Impact: $60,000 increased appropriations for FY 1999-2000
■ Staff recommendation: Council approve strategy for General Plan update, authorize
the City Manager to enter into contract with Crawford Multari Clark& Mohr for
consulting services, and appropriate
City Manager Wade McKinney gave the staff report and answered questions of Council.
Council Member Luna thanked Mr. McKinney and suggested that his report be placed on the
web site. He stated he is one of those citizens who are nervous about this process. He asked
how Atascadero is going to grow and how staff intends to deal with the issue of growth. Mr.
McKinney responded that staff believes that a strengthening of the General Plan and pro-active
approach to designing areas of housing opportunities will be necessary. Mr. McKinney
mentioned that mixed-use development is a good idea and our downtown would be a good area
to implement that process. He explained that Atascadero won't be able to deal the numbers of
people that come in the future. We don't really have control over a population cap. He stated
that we have many people living in illegal second units that we are unable to include in our
population total. He stated that now is the time to allow development in the areas we want
development and prohibit development in the areas we do not want development.
Mayor Johnson asked in regards to build-out, if the current measure is a good measure to use.
Principal Planner Warren Frace stated that the population number is a theoretical number for
highest build-out and will probably never be achieved.
Council Member Clay commended Mr. McKinney on his report. He stated that when he hears
the word "growth" he visualizes growth of parks and industry, not necessarily homes. He
expressed that he would be realistic about our community.
Council Member Scalise stated that she was pleased to hear that some of the General Plan will
still be used. She expressed concern for the future of our community, with water at the top of the
list. She stated that she feels the General Plan lacks a balance of jobs and housing.
Mayor Pro Tem Arrambide expressed appreciation for Mr. McKinney's presentation. He stated
he would like to see a CPM or date sensitive analysis attached to the tasks.
Council Member Luna stated those that know the past and understand the present can grasp the
future. He commented that when he views the past he see things such as the Mackey project;
CC 11/23/99
Page 7 000013
when looking at the present he sees things such as SOAR and smart growth. He asked if density i
is increased, how would the General Plan goal of preserving residential neighborhoods be kept in !
areas such as Traffic Way where there are large residential lots.
Mr. McKinney stated they anticipate discussing alternatives with the neighborhoods and
presenting them to the City Council. He suggested that the neighborhood mentioned by Council
Member Luna may have the capacity to carry more density. He stated that the role of staff
would be to explore the alternatives with the neighborhood and the community.
Mayor Johnson stated that"we don't want sprawl." He commented that he would like to get
community involvement.
Council Member Luna asked if they would see an itemized budget for the $120,000 spent. Mr.
McKinney stated that they could provide an early estimate and later an update. Council Member
Luna replied that he would like to see an itemized budget.
Council Member Clay expressed that he does have a concern for the architecture.
PUBLIC COMMENT
Rush Kolemaine, P.O. Box 1990, thanked the City Manager for his thorough report on this item.
He asked for clarification of the details of the proposed contract.
John McGoff, 9192 Maple St., read into the record a fax he sent to the Mayor and City Manager
regarding his concern about the City's process for requesting proposals for consulting services.
(see Attachment D)
Mayor Johnson asked the City Attorney to respond to Mr. McGoffs concerns. Mr. Hanley
stated that the State law provides the process for the City to be able to contract and it is not
necessary for a City to have a Municipal Code specifying the legalities of entering into a
contract. He also stated that everything Mr. McKinney has contracted for are administrative
matters in compliance with State law. He commented that staff has sought and brought forward
additional information beyond what was necessary.
Mr. McGoff asked about sole source. Mr. Hanley responded that there is no code section that
says you cannot sole source. He stated that sole source of these types of services is legal,
although it is not the case of Public Works contracts.
Donald Funk, representing Wes O'Reilly and John Hegerdy, who have submitted General Plan
Amendments, asked if they will be included in the update process. Mr. Frace explained that the
applications have been recommended to be folded in to the overall update process for
consideration.
Rush Kolemaine, P.O. Box 1990, again asked for clarification of the details of the proposed
contract. Mr. McKinney replied that the project will be conducted by staff, however, the firm
will be used as needed and as specified in the contract.
CC 11/23/99
Page 8 000014
John Mc off, 9192 Maple St. also asked for clarification of the proposed contract with regards
to it being open-ended. Mr. McKinney stated that the City will contract for individual elements
and will not be open-ended.
Mayor Johnson closed the Public Comment period.
Council Member Clay stated that he appreciates the fact that Mr. McKinney has done an
excellent job preparing for this process and it is clear he is working to keep the costs down. Mr.
McKinney stated that there will be a maximum of$60,000 spent.
Mayor Johnson expressed that he is not interested in moving away from the goals of the General
Plan. He stated that he would like to see community involvement.
Council Member Luna stated that SOAR does not put any in-fill pressures on the cities. He
expressed support for pro-active and smart growth principals. However, he stated that in-fill
pressures should not force us to rewrite our General Plan. He expressed his fear for what has
happened in the past with pressure from developers, such as in 1992 when Bob Nimmo received
a letter at the last minute and changed portions of the General Plan on the basis of that one
neighbor. He suggested that the community members organize, be part of the process and not
rely on government.
Robert Nimmo, Bella Vista, asked to speak since his name has been mentioned several times
tonight. He stated he is not a developer and he does not own a lot of property in Atascadero. He
and his wife have gifted the majority of his holdings to their children. Mr. Nimmo expressed his
support for the update of the General Plan. He stated that growth is inevitable, and we already
have multiple families living on single family parcels—a growing problem that needs to be
addressed. y
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to approve strategy for General Plan update,
authorizing the City Manager to enter into contract with
Crawford Multari Clark & Mohr for consulting services, and
appropriate $60,000 for allocation reserves for the update
process.
Motion passed 4:1 by a roll-call vote. (Luna opposed)
2. Information Bulletin
D. COMMITTEE REPORTS:
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Johnson stated that they would be meeting next week.
CC 11/23/99 0U0015
Page 9
Air Pollution Control District 0
Mayor Pro Tem Arrambide announced that they met this week with regards to the back-yard
burning issue. He stated that we are still without a plan in Atascadero. He commented that we
have a problem with our urban forests in terms of waste management, and the Federal
government is requiring cities to come up with an alternate plan for back-yard burning. He
expressed disappointment for the lack of public involvement.
Council Member Scalise commented that she would be willing to create some type of ad hoc
committee.
Mayor Johnson stated that he would like to see this move forward, and if an ad hoc committee is
needed, he could support it.
County Mayor's Round Table
Mayor Pro Tem Arrambide reported that there was a great presentation by the Economic Vitality
Corporation. He stated that they discussed job opportunities/businesses for the Central Coast.
City / Schools Committee
Mr. McKinney announced that a tentative all-day mediation meeting is set for December 21,
1999.
SCA-3 Steering Committee
Council Member Scalise reported that they do have a consultant that they will meet with in
conjunction with the SLOCOG meeting on December 8, 1999. She stated an estimated $12
million dollars, annually, would result for Atascadero.
She commented that she had a good time at the Mayor's Hospice luncheon, and stated that they
thanked Atascadero for their efforts regarding the lighting of the "Tree of Life."
Mayor Johnson announced that the Sunken Gardens Holiday Lighting Ceremony will take place
on November 27, 1999.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Council Member Clay stated he would like to review with the public what he learned at the
Smart Growth Conference.
Council Member Luna asked if any of the conference was televised. Mr. McKinney replied that
they were video taped, however they did not offer videos for purchase. He stated that he did
obtain audio tapes of the sessions.
•
CC 11/23/99 000036
Page 10
F. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 9:22 p.m. to the Special Road Meeting on November,
30, 1999, at 6:30p.m.
MEETING RECORDED AND PREPARED BY:
Marcia McClure Torgerson, City Clerk
Melanie Whaley, Deputy City Clerk
ATTCHMENTS: A- Prepared statement by Daphne Fahsing, 5105 Llano
Road, November 23, 1999.
B- Prepared statement by John McGoff, 9192 Maple
Street, November 23, 1999.
C- Protest against proposal to reorganize (annex)
approximately 884 acres, by R. R. Olvera, November
16, 1999.
D- Prepared statement by John McGoff, 9192 Maple
Street, November 22, 1999.
CC 11/23/99 000017Page 11 OOUx
Attachment: A
Atascadero City Council
Meeting Date: 11-23-99
Daphne Fahsing, 5105 Llano Rd .
City Council, Tuesday, November 23,1999
I just want to refresh your memory back to your last meeting,
November 9, on the subject of the state hospital expansion.
At least 12 people stood up here and said we don ' t need any more
sexually violent predators in our city; Marcia read more letters
and told you she had received 25 phone calls . I think all of you
said you had received calls and letters, more than on any other
recent subject. One person was for the prison.
Mrs . Scalise called that a "small minority. " I see it as a very
large majority. Legislators know that one letter, or call , from
one constituent speaks for another 1 , 000 .
Every time we hear from a public official we are told "We want
your input . We will listen to you. " Every time we take you at
your word, tell you what we want and what we do not want, only to
find the majority of your council hasn ' t really heard a word. Or
is there something going on behind the scenes that determines what
your decision will be? I prefer not to think so.
It kind of' reminds me of the Highway 41 realignment meetings , when
Mr. Nimmo was mayor . That final meeting on a cold, windy, rainy.
night, an overflow crowd , and at least three times as many people
who opposed any realignment, the sensible route being to Paso
Robles and Hwy.46 . It didn ' t mean a thing to Mr. Nimmo . He
ignored the majority. He wanted it, and he got it. And look what
a mess it is !
The same thing is happening now. You didn ' t only ask for
information. You asked that Atascadero "be considered. " In other
words , yes , we 'd love to become the sexual predator capital of
California .
I thank Mr. Luna and Mr. Clay for their independent thinking.. The
rest of you, we have to wonder : When will you begin to listen?
When can we begin to trust you?
000018
Attachment: B
Atascadero City Council
Meeting Date: 11-23-99
Community Forum - Tuesday, November 23, 1999
Mayor Johnson, Council Members
John McGoff
9192 Maple Street
Atascadero
During the last council meeting, Bob Lilley, used the analogy of a train
when characterizing the actions of this council majority and certain staff regarding
land use decisions.
Mr. Lilley was representing a number of citizens who wanted a taste of the
General Plan and Zoning Changes that have approved and that add substantial
value to the land of special interests in this community.
I can share the anger and frustration of these people in demanding equity,
and as they realize that this council majority holds the quality of life in this City
hostage with four little words, one uttered by each of the majority, YES, YES,
YES AND AYE.
Time after time since that last election, we have attended too many meetings
where you have ignored the planning staff, the neighbors and the community at-
large. You have consistently added 10's of thousands, often 100's of thousands of
dollars of value to parcels for individuals, company's and corporations whom you
affectionately call "your constituents".
These range in value from the Banana Republic you approved for Mr. Jones
at 5190 Aguila Ave. Mr. Jones, with great candor, explained that he wanted the lot
split for the money. That he was not satisfied with the appreciation in value of his
5 plus acre parcel over the past 28 years, the council majority effectively engaged
in estate planning for the applicant.
Regarding "The Lakes" project. The increase in density allowed was so
large as to permit Denis Moresco to gratuitously offer $250K, 1/4 of a million
dollars, to the City for youth activities. Was this a noble gesture, or to assure a
swing vote, if necessary. Our development fees are kept below market, not even
indexed for inflation since 1992, because the council majority thinks it is TOO
EXPENSIVE for developers to build here. Obviously, this pencilled out rather
000019
nice for Mr. Moresco. Thanks to you, the "lakes" will be the nearest thing we have
to tract housing in this City
I hope you have noticed the increasing frequency of Letters to the Editors of
local newspapers questioning your ideologically driven decisions.
When I say your votes are holding this city hostage, I mean just that. The
land use decisions are affecting the appearance of this City and, most egregiously,
the quality of life for years to come. You name it, traffic, pollution, erosion of
infrastructure, you can and have done it with as few as two votes when other
councilmen have had to step down for conflict of interest. The increase in the
height of netting at Eagle Creek is just one example.
You packed the Planning Commission to divert some of the heat from the
Council. However, no matter how zealous Mr. Carden is in carrying the water for
the developers, maybe Dan Mackey perhaps Kelly G, it took the neighborhood to
prove a conflict of interest and questioning the efficacy of 29 homes on land
suitable only for a rifle range.
Tonite you hold the hammer again if you try to impose your will on the
Citizens who have not asked for, much less want, not legally mandated, a
comprehensive, special interest and consultant driven General Plan Update.
Are we to assume that you use a tactic such as placing this on the agenda as
a management report. Surely,a contract which may require multi-year funding and
additional appropriations is as important as annexing ASH>
When I mentioned earlier Bob Lilley's analogy of the train, I would like to
broaden that to characterize council majority actions as running a railroad.
Your railroad has a conductor, a couple of porters, but strangely, no
brakeman or identifiable or accountable engineer.
It does have an engineer, the only evidence I can find of an agenda including
gerry-mandering of the General Plans and Zoning.
Here's a copy of Bob Nimmo's beliefs he expressed when he ran for election
to this council. The agenda hasn't changed, only the faces.
0000; 0
Attachment: C
Atascadero City Counci
045451-2, Unit 6 Meeting Date: 11-23-9S
Atascadero State Hospital
10333 E1 Camino Real
P.O. Box 7001
Atascadero, CA 93423-7001
Tuesday, November 16, 1999 C�
R � 'I
Marcia M. Torgerson, City Clerk NC"'! 18 W9
6500 Palma Avenue
Atascadero, CA 93422 CITY OF ATASCADERO
CITY CLERK'S OFFICE
Subject: PROTEST AGAINST PROPOSAL TO REORGANIZE (ANNEX) 884+ ACRES
Dear Marcia M. Torgerson:
This is to inform the City Council of the City of Atascadero of my
personal feelings regarding their proposed reorganization plan to
annex 884+ acres known as the Atascadero State Hospital and Chalk
Mountain Golf Course Annexation Area No. 5.
According to the NOTICE OF PUBLIC HEARING, dated November 4, 1999, one
of the reasons given as a justification for the reorganization of the
above territory in question is that "The territory is already built-
out to its highest and best use as a State Hospital Facility. . ."
I strongly disagree with your perception that the territory in ques-
tion is already built-out to its highest and best use. While it's
certainly true that a state hospital--Atascadero State Hospital, to be
exact, is located within this territory, to say that this hospital
constitutes the highest and best use of the territory is arguable.
Atascadero State Hospital, in my opinion, does not constitute good,
let alone best usage of the land upon which it stands. Surely it
would be far better if the hospital was vacated, demolished and the
land be put to productive/positive use.
Atascadero State Hospital, which is a hospital in name only, is a dis-
graceful, notoriously corrupt, chamber of unspeakable horrors unworthy
of public support--political, financial, or otherwise! This so-called
hospital should have been named Atascadero State Hell. This way it
would at least be justified in its horrendous practices of abuse, tor-
ture, deceit, corruption and other human rights violations.
The citizens of Atascadero have a right to know, and the City Council
has a legal responsibility to investigate the facts, before consider-
ing to reorganize the territory in question. If you or any other city
official would like to discuss any of the issues presented in this
letter, with me, I shall welcome the opportunity to do so. In the
meantime, I strongly urge the City of Atascadero not to lend its
support, in any form, to Atascadero State Hospital. If the land was
presently being occupied by a genuine, real hospital or school, col-
lege, university, community center, etc. , then I would gladly support
your proposal. After all I too am a responsible citizen that supports
positive growth, change and development.
000021
NOV-22-99 11 : 17 AM JOHN MC GOFF 1 805 461 0477 P. 02
Attachment: D
Atascadero City Council
Ray], City Clerk, 20:57 AM 11/22/99, Contracting for Consultant Ser iaGc�ulg Lase• - - 9
To: Ray 3, City Clerk
From: Sohn 3 McGoff <jjmcgoff@calinet.com>
Subject: Contracting for Consultant Services
Cc: Wade, George Home, City Atny
Bcc:
Attached: C:\WINDOWS\Desktop\My Documents\Agenda, 23 Nov-Procurement.doc;
Ray:
Attached Is addressed to you via e-mail because of the urgency of this matter.
You have been put on notice of the public's concern regarding any "comprehensive" tinkering with
the publics plan and zoning ordinances, yet, to and behold, we are within but a heartbeat of
awarding a contract?
I will deliver a signed copy for Marcia to receipt. Also copies for other council members without e-
mail addresses.
Contrary to what the City Attorney has written, there are people out here who know enough about
contracting to question both the city's motives and methods.
With the ever-Increasing reliance of the city (McKinney) on consultants, you had better get the
city's act together, procurement-wise. I would bet that if you asked the Finance Director for a
summary of the cost of consulting contracts awarded since October of 1997, you would be
amazed.
If, as reported in this mornings Tribune, the City manager proposes to roll the Main Street
contract and the GP update contract into one, he is compounding your problems. How.does he
propose to do that?
Main Street was awarded using CRA Funds. The GP update will be using General Funds. Co-
mingling of funds is a dangerous, if not illegal action.
Look at Paso's on-going problems in trying to launder money thru their CRA.
This contract appears on the face to be a multi-year procurement. It is being split to avoid a
finanacial limitation. You do not have FY 01 funds to encumber.
A case could be made that the Main Street contract becomes a split procurement if you attempt to
roll It into another contract.
Even though the City ASSUMES competent authority to contract for consultant services, based
SOLELY on the citys Procurement&Purchasing Manual, contracts for services have never been
formally bid although the Council has established limits and procedures in the Code. Your public
policy does not suggest public notification, it mandates it when the proposed contract exceeds
those limits.
There are exceptions to formal bidding, however the methods currently employed are not
authorized exceptions.
Formal bidding has been deliberately circumvented by utilization of "Requests for Proposals".
Although these are a form of procurement, they do not obviate the requirement for public notice.
Formal bidding, public notice of the proposed encumberance of public funds, is simply an
orintaA fn► 7nhn 1 MrRnff tiimrnnff1f9la1indb"d J 1
OOOOZ-2
NOV-22-99 11 : 17 AM JOHN MC GOFF 1 805 461 0477 P. 03
Ray 3, City Clerk, 10.57 AM 11/22/99, Contracting for Consultant Ser
WHEN WHY and WITH WHOM you are
implementation of the publics right to know HOW, y
spending our tax dollars.
Public notice Is not only for Joe Taxpayer, it also assures full, fair and open competition for the
citys business. Provides an opportunity for contractor protest of awards, and a myriad of other
protections.
These actions require publication In a newspaper soliciting bids/proposals.
Posting prominently on City bulleting boards, public library, etc.
Receipt, recording and safeguarding bids/proposals by the City Clerk.
Public opening and reading of the bids/proposals at the time certain as shown In the solicitation.
Public posting of the notice of award, prior to such award.
None of these policies have been followed. The methods currently practiced are contrary to the
public interest. In point of fact, they not only give the appearance of impropriety, they encourage
it by concealing from the public acts, which by law, they have a right to know. Most egregiously,
they hide the facts until the contract is presented to the council as a "done deal" with public co-
opted from the process until the last five minutes before you vote.
As evidenced by Councilman Arrambidie's cavalier attitude when HE decided to raise McKinney's
pay, which the majority rubber-stamped. Well, that made a majority of four. What about the
other 23,000 tax payers In this city?This and other council/city manager actions tells the public
that the majority feels that they are only accountable every two years.
An increasing number others In this city do not subscribe to that self-serving attitude. They are
just beginning to express their concerns at council meetings and in the local FREE press. Expect to
be held accountable whenever your judgement or treatment of the public is found wanting, every
other Tuesday, if necessary.
Yours for good government.
John McGoff
PrintaA fnr 7nhn 1 M��:n# tiimrnn}f4?�alinPt.�nm� 7
o�00z:1
ITEM NUMBER: A-2
DATE: 01/11/2000
MINUTES
i9is ®
19 79
A C" ATASCADERO CITY COUNCIL MEETING
TUESDAY, DECEMBER 14, 1999
7:00 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:00 p.m. and Council Member Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham
Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief
Mike McCain, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Community and
Economic Development Director Paul Saldana, Community Services
Manager Geoff English and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
Mayor Johnson recommended the City Council Reorganization be moved to after the
Management Reports.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve the agenda with the above recommendation.
Motion passed 5:0 by a roll-call vote.
CC 12/14/99
Pagel 000024
ITEM NUMBER: A-2
DATE: 01/11/2000
COMMUNITY FORUM:
Eric Greening, 6600 Lewis Ave., expressed his concerns with the City allowing any development
in the area where the Native American burial site was uncovered. He urged the Council to
require a cultural resource assessment be done of the area.
Jennifer Hageman, 8005 Santa Lucia,pointed out Code sections specifying lighting restrictions.
She explained the lights at Eagle Creek Golf Course are once again in violation of Atascadero's
Municipal Code. Mayor Johnson stated that staff is currently trying to get the lights shielded.
Mike Murphy, 9320 Santa Clara Road, stated the lights at the Eagle Creek Golf Course are back
on and are not shielded. He urged the Council to make Mr. Gearhart comply with the Code.
Mayor Johnson stated that the City Manager has been calling Mr. Murphy in an effort to solve
this problem.
Mayor Johnson closed the Public Comment period.
COUNCIL ANNOUNCEMENT AND REPORTS:
1. Atascadero State Hospital Expansion—Council Member Clay has requested Council
discussion and possible action regarding the City of Atascadero as a site for the
expansion of the Atascadero State Hospital.
Mayor Johnson asked the City Attorney to give a report on the concerns expressed about the
Brown Act with regard to a meeting held recently at the State Hospital. Mr. Hanley quoted from
the Attorney General's leading authority on the Brown Act, "When a majority of a legislative
body attends an open and publicized meeting held by a person or organization other than the
local agency on a matter of local interest, the legislative body is not deemed to be conducting a
meeting so long as the members in attendance do not discuss amongst themselves other than as
part of the scheduled program, issues of a specific nature related to the subject matter jurisdiction
of the body." Mr. Hanley explained that the meeting was scheduled and publicized by the State,
therefore the State was responsible for the meeting. He said that he knows it was publicized
because he read the article in the paper himself before the meeting, and he knows the public was
allowed to attend. He also stated that the Council Members did not discuss any issues among
themselves and were therefore in compliance with the Brown Act.
Mayor Pro Tem Arrambide read the following motion that the Council had approved concerning
this issue: "MOTION: By Mayor Pro Tern Arrambide and seconded by Council Member Scalise
to ask the State of California to consider Atascadero as a site for the expansion of this treatment
facility, that the process be for information gathering and environmental determination, and that
this decision, a community decision, be reserved for the end of the process. He wanted to
clarify that his motion was for the purpose of attaining all the information needed for the
community to make a decision. He commented that misinformation has been prevalent in the
last couple days and that he expects the true information to come in the near future. 0
CC 12/14/99
Page 2 000025
ITEM NUMBER: A—2
DATE: 01/11/2000
Mayor Johnson also clarified the Council is only asking for more information and not approving
this expansion.
Council Member Clay stated that he does not support the expansion of the Hospital, but he
respects the decisions of the other Council Members. He expressed his concerns with this
expansion. He stated that 90% of the citizens are against this expansion. He believes we are
leading the State Hospital on with the Council decision to be considered. Council Member Clay
commented that he respects the employees who work at the Hospital and stated that he
understands his fellow Council Members' decision. He urged that if public speakers do disagree,
do so without being disagreeable. Council Member Clay stated some alternatives to the
Council's previous decision. First would be to withdrawal from the process completely. He
commented that we have not heard anything from the State and negativism to building.
However, if we do not choose to withdraw from the process, another option would be to require
the State to educate the citizens in thirty days, and at the end of the thirty days conduct a survey
to determine the desire of the public. He stated that there is the possibility of placing it on a
ballot in November, but that is too far in the future.
Council Member Luna stressed this is not an expansion of the hospital but a new facility
dedicated to the care of sexually violent predators. He showed with an overhead transparency
and read a portion of SB 1976 which was approved in 1996 which read, "...Atascadero State
Hospital shall be used for this purpose only until a permanent housing and treatment facility is
available..." He stated that there are two other cities who want to host the permanent housing of
this treatment facility. He commented that if the SVP program is accepted, true there will be
more jobs, but the majority of the facility will be devoted to the SVP program. He stated that he
does not want these people in his community. He also stated that there is plenty of information
available. He expressed belief that Mayor Pro Tem Arrambide is looking for someone from the
Department of Mental Health who will do the public relations necessary to give the Council the
cover to vote for this expansion. He stressed that we do not want this in Atascadero (see
Attachment A).
Mayor Pro Tem Arrambide defended his earlier statement by saying that he requested a
community decision, not a Council decision.
Mayor Johnson explained the public participation process.
PUBLIC COMMENT
Mitzy McClure, 3301 El Camino Real, stated she did not give her correct name or address as she
was concerned for her safety. She expressed her opposition with the building of the new State
facility. She stated that currently we do riot have enough people in Atascadero to fill the job
openings this proposal would create.
Raymond Jansen, 6655 Country Club Drive, stated quality of life involves more than jobs,
money, trade or commerce. He expressed concern that quality of life will not come from
expansion of the State Hospital.
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ITEM NUMBER: A-2
DATE: 01/11/2000
Laurie Pollington, 3070 Colima Road, expressed her feelings that she does not want Atascadero
to be considered for this facility. She urged the Council to keep the community as it is.
Laurie Bross, 5295 Malaza, stated that she agrees with Council Member Luna and the previous
speaker. She does not want a prison instead of the hospital.
James Woodard, 8605 Santa Lucia Road, expressed his opposition to the expansion.
Auryette Madison, shared with the Council her concerns with this proposal and showed the
Council a petition of opposition signed by many of her neighbors. She stated that out of 45
people, only one person wanted the facility, and one person did not care. She urged the Council
to vote "no."
Al Veracatera, 66570 San Anselmo, stated he worked at the Atascadero State Hospital when it
was first opened. He expressed his concerns with the building of this new facility and the
absence of information. He stated that these SVPs can not be treated.
Howard Marohn, Atascadero, asked the Council if the building of this facility is Smart Growth
and if it will benefit the residents or the developers. He also indicated that this facility will
permanently affect the image of this City.
Marinda Bradley, 4475 San Jacinto, said that she recently moved to Atascadero. She stated that
if this had been an issue at the time she was considering moving here, she would not have moved
as it destroys the image.
Marilyn Brown, 8455 Graves Creek Road, showed the Council a magazine from 1918 in which
E.G. Lewis stated that Atascadero will be a City of peace and security. She expressed her
opposition to this proposal.
Carol Ball, 7070 Marchant, indicated that with any large development there are extensive studies
required. She stated that she commends the Council for requesting information before making a
decision on this issue.
John Harris, 3995 Amargon, stated we already have three correctional facilities in the County.
He said that the facility Atascadero currently has is more than our fair share.
Felicia Hammon, asked why would we want more information when we already know we do not
want this facility in Atascadero. She also expressed some other concerns such as water,
employee involvement, and frivolous lawsuits.
John Bradley, 4475 San Jacinto, stated opposition to the project.
Roxanne, stated that she would like to see this project stopped before it ever starts.
Mel Hunter, spokesperson for the State Department of Mental Health, stated that he was raised in
Atascadero and has raised his children here. He assured the audience there has been no deals
CC 12/14/99 �
Page 4 00027
ITEM NUMBER: A-2
DATE: 01/11/2000
made with the Atascadero City Council concerning this facility. He stated that if the community
does not want this facility, the facility will not be built here. He explained that the City will
receive an income of 250 million dollars per year regardless of the economy if this expansion is
built.
Paul Gray, San Marcos Road, expressed his opposition to this new facility. He agreed with the
Council's statement that this should be a community decision.
Eric Greening, 6600 Lewis Ave., suggested the State should have consulted with the County
concerning water, etc. He stated that SVPs are clever at working the system and asked if the
County would be ready to handle these people. He urged the Council to respond to the desire of
the people.
John Heatherington, 7790 Yesal Ave., expressed his opposition to the building of a new"prison"
at Atascadero State Hospital. He stated that additional staff will be subject to extreme stress and
will relieve it through violence towards the inmates or family members.
John Moss, Ardilla Road, stated the Council said this will be a community decision; he asked
how and when this decision would be made. He expressed his opposition to this proposal.
Duane Powell, Graves Creek Road, said he is opposed to the facility expansion. He stated that it
is his understanding that if an inmate commits a crime while at the Hospital, he would be
released to that community. He expressed concern that the Council would want this project for
the revenue.
Rosemary Handy, showed the Council a petition with over 150 signatures of citizens opposing
the building of this facility in Atascadero. She stated she is concerned for the safety of our
citizens if there was an escape.
Dorothy McNeil, 8765 Sierra Vista, stated in a prepared statement that most of the employees in
Atascadero State Hospital are opposed to the building of this facility, and they feel the sexually
violent predators are extremely difficult to treat (see Attachment B).
David Crouch, expressed relief in hearing that no "deal" has yet been made. He stated that he
believes, as do many others, that money is not a substitute for the quality of life. He urged the
Council to not even consider this project.
Katie Ridge, 2353 Monterey Road, expressed her concern for the safety of our community in a
prepared statement read by her mother, Dixie Ridge.
Eileen Cunningham, 8707 Casitas, expressed her opposition to this proposal in a prepared
statement read by Barb Alword (see Attachment Q.
Pam Marshall, 7790 Yesal Ave., stated her opposition to the expansion of the facility and stated
that no further information is needed.
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ITEM NUMBER: A-2
DATE: 01/11/2000
Paul Weems,7982 Santa Rosa Road, explained he worked at the State Hospital in the past. He
also explained that the inmates, when released, return to the County of their commitment. He
supports the Hospital and the Department of Mental Health.
Debbie, expressed concern for the safety of the children in Atascadero.
Dr. Kunazo, psychiatrist at the State Hospital stated that no amount of money is worth the
acceptance of something that will not benefit the community. He expressed opposition to the
expansion.
Kelly Morin Hines, 7480 Santa Ysabel 98, expressed her opposition to this proposal. She stated
that she and her daughter would rather see "Disneylands and waterslides"than a prison.
Virginia Powers, 7505 Carmelita, suggested the Council send out a survey to get the
community's response.
Livia Kellerman, 4563 Honda, stated the community is against this proposal as it is in the middle
of town.
Geraldine Brasher, 3202 Monterey Road, suggested they place the SVPs on Alcatraz.
Alice, new resident in Atascadero, expressed concern that the SVP program is not even
beneficial.
Steve LaSalle, complimented Council Member Clay for bringing this issue back for
reconsideration. He commented that he would like to see a community decision.
Sharon Moore, thanked Council Member Clay for bringing this issue back for reconsideration.
She expressed her concerns with this proposal and asked the Council vote "no" on this issue.
Jim Baker, Santa Ynez, stated as a contractor that these types of development project are given to
outside contractors. He expressed his opposition to this proposal.
Linda Mello, south Atascadero, stated she is opposed to the building of this facility. She
expressed concern that the community will lose control if the State is allowed to expand the
Hospital.
Erwin Manning, 10855 Santa Lucia, urged the Council to say "no" now to the project.
Mitzi McClure, (not her real name), stated that after tonight, only two Council Members will get
re-elected.
Marinda Bradley, stated that her husband attended the Main Street Program meeting and really
enjoyed it. She also commended the City for the Holiday Lighting Ceremony. However, she
stated that we do not need a SVP facility.
0
CC 12/14/99 000029
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ITEM NUMBER: A—2
DATE: 01/11/2000
Felicia Hammon, stated there are 80 vacant jobs at the Hospital now. She asked how the State
expects to fill the new jobs.
Fred Frank, 3615 Ardilla, asked the Council to oppose this facility right now, not after all the
studies are completed. He stated that one step will lead to another.
David Crouch, thanked Council Members Luna and Clay for their support of the community. He
asked the Council to listen to the public and make their decision accordingly.
Mayor Johnson closed the Public Comment period.
Council Member Clay expressed disappointment in some of the comments made. He stated that
he is proud of our community, and he does not see it as the home of the State Hospital. He
defended some of the Council Members saying that they have not seen everything that he has
over the years.
City Clerk Marcia Torgerson read into the record the following prepared statements in
opposition to the Atascadero State Hospital Expansion:
Helen McAdams, expressed her opposition to the building of a State Prison in our
community. She expressed concern for the safety of our children and families (see
Attachment D).
Maureen Hamilton, 7705 Carmelita Ave., stated that she is opposed to the expansion of
the mental facility and suggested some other city take on the project (see Attachment E).
Vivian Witzel, P.O. Box 530, stated that she does not support the expansion of the
Hospital. She also stated that the decision to do so would have a negative effect on our
city image and the several million dollars gained would not off-set the safety concern (see
Attachment F).
Charles and Neva Glenn, P.O. Box 897, expressed opposition to the proposed project or
even the consideration of such a project. They stated that it would burden our family-
oriented community and hurt our city's image (see Attachment G).
Becky Pacas, stated that she is opposed to the building of the facility for SVPs. She
claimed that Atascadero is too beautiful to be wasted on incarcerated persons (see
Attachment H).
Mrs. Harry W. Smith, 8950 Atascadero Ave., asked the Council to not even consider the
addition to the Hospital. She stated that we have already done our share of looking after
such people. (see Attachment I).
Paul and Sheree Ricketts, expressed their opposition to the proposed facility expansion in
a prepared statement. They stated that while it would provide additional job
CC 12/14/99 0000-0
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ITEM NUMBER: A-2
DATE: 01/11/2000
opportunities, these jobs would be filled by people outside of our community (see
Attachment J).
Council Member Luna stated Joseph Curtis called him expressing his opposition to this proposal
and asking that his view be made part of the record.
Council Member Clay stated Maggie Vandergon and Bonita Borgeson both called him stating
they are opposed to this expansion.
Mayor Johnson stated that Maggie Vandergon told him she could approve the addition of 500
new beds but not 1500.
City Clerk Marcia Torgerson read into the record the following prepared statement in opposition
to the Atascadero State Hospital Expansion:
Ellen Heinz, 7555 Carmelita Avenue, requested that the Council not allow the State to
build another prison for SVPs in Atascadero. She expressed concern for the City image
and stated that we have done more than our share in the housing of prisoners (see
Attachment K).
Mayor Johnson stated that current expansion at the Hospital has nothing to do with the City or
City Council. He also stated that the Council's position has been stated incorrectly and the
Council has not made any type of deal. He stressed that this was State initiated.
Council Member Scalise asked Mr. Hunter if the State has a timeline of their intentions and
asked if the State would be interested in conducting a survey of the community by a
private/independent firm.
Mel Hunter, spokesperson for the State Department of Mental Health, explained that, initially,
the State was unsure if there was a suitable building site in Atascadero. He stated that the State
approached the City prior to making decisions in order to gauge the interest of the community.
He also answered that the State would be interested in conducting a community survey and it is a
reasonable request.
Council Member Scalise asked about the timeline of educating the community. Mr. Hunter
stated that they began yesterday with the meeting. He stated that currently they are looking at
doing a community wide mailing of information packets with an invitation to come to a meeting
on the 201" and environmental impact reports are scheduled for March or April. He commented
that they can have evening and weekend meetings as needed.
Council Member Scalise stated that she would like to see the outcome of the survey. She
commented that she would like to hear from everyone in the community. Mr. Hunter stated that
they have begun the EIR at the Atascadero State Hospital, which is not any type of commitment.
Council Member Luna stated that he does not feel that any amount of public relations will
change the community's mind. He commented that an EIR does not address stigma of being the
CC 12/14/99
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ITEM NUMBER: A—2
DATE: 01/11/2000
sexually violent predator capitol of California. He also stated that Mayor Johnson claimed this
project to be unplanned growth, which is not what we need. He stated that over time we will
gain more SVPs, eventually resulting in more of a prison than a hospital. Council Member Luna
presented two choices: stop this action now, which he favors, or ask the State to fund a vote of
the people.
Mayor Pro Tem Arrambide stated that he feels very uncomfortable with the discomfort
expressed tonight. He suggested that the State Department of Health Services initiate a
comprehensive information campaign that would prepare the voters in Atascadero to decide
whether or not to support the construction of a 1500 bed facility for sexually violent predators,
and this decision would be made at the polls in November of 2000.
MOTION: By Mayor Pro Tem Arrambide and Council Member Clay to
rescind the action by the Council requesting the Department of Health
Services to consider Atascadero for a possible site for the construction
of a 1500 bed facility for the sexually violent predators.
Motion passed 5:0 by a roll-call vote.
Mayor Johnson called a recess at 9:25 p.m.
Mayor Johnson called the meeting back to order at 9:40 p.m.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—November 09, 1999
■ City Clerk recommendation: Council approve the City Council minutes of November
09, 1999 [Marcia McClure Torgerson]
2. City Council Minutes—November 23, 1999
■ City Clerk recommendation: Council approve the City Council minutes of November
23, 1999 [Marcia McClure Torgerson]
3. City Council Study Session Minutes—November 30, 1999
■ City Clerk recommendation: Council approve the City Council Study Session
minutes of November 30, 1999 [Marcia McClure Torgerson]
4. Request for Utility Easement on City Owned Parking Lot Property— 5835 Traffic Way
(Rentschler)
■ Fiscal Impact: The payment of$100 by the applicant would cover the fair market
value of the easement.
■ Staff recommendation: Council approve the request to grant a 2-foot wide utility
easement along the southwest side of the City-owned public parking lot on Traffic
Way at parcel 029-341-020 for an amount of$100.00. [Community Development]
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Page 9 (11]0032
ITEM NUMBER: A-2
DATE: 01/11/2000
5. Acceptance of Final Parcel Map - 998010/AT 98-104 - 5190 Aguila Road (Jones /
Cannon/ Wilson)
■ Fiscallmpact: None
■ Staff recommendation: Council:
L Accept the Final Map #98010 (AT 98-104); and
2. Accept a 6-foot wide Public Utility Easement along the frontage of Aguila Road.
City Clerk Marcia Torgerson pulled Item#A-2 for corrections to return at the next meeting.
Item#A-5 was pulled permanently by the Applicant.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to approve Items #A-1,3, and 4.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Youth Center Options
■ Fiscallmpact: None
■ Staff recommendation: Council direct staff to discontinue efforts to renovate the
Atascadero Masonic Temple building as a Youth Center, initiate a fund-raising effort
and develop plans for a Gymnasium to be built on a site to be determined.
[Community Services]
Community Services Director Brady Cherry gave the staff report and answered questions of
Council.
Council Member Clay complemented the Council on their decision on the Atascadero State
Hospital Expansion proposal.
Council Member Clay stated that for the past fifty years we have need a recreation center in
Atascadero. He stated that he feels the money can be raised and our community will be proud of
what is accomplished. He presented a possible layout for the gymnasium (see Attachment L).
He stated that he would not like us to abandon the ownership of the Masonic Temple. He
expressed belief that we could build the gym with zero cost to the city by obtaining hinds from
the public and the State. He stated that he would like the new facility to be available to all ages.
Council Member Luna stated that he would like staff to first look at the feasibility of such a
project. He also stated that he feels there is a need for a Parks and Recreation Plan. He
expressed support for Council Member Clay's statements.
0
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ITEM NUMBER: A—2
DATE: 01/11/2000
Mayor Johnson stated that he would like to separate any decision about the Printery from a
decision about a Youth Center. He also stated that he agrees with Council Member Luna's
thoughts on a Parks and Recreation Plan.
Mayor Pro Tem Arrambide expressed support for Council Member Clay's ideas.
Council Member Scalise stated that she also agrees with what has been said. She commented
that it would be helpful if the Main Street Program would coordinate information during this
process so that everything goes smoothly.
Council Member Clay stated that he agrees with Council Member Luna and feels that we are
trying to move in that direction. He commented that he would like to see the Parks and
Recreation Department create a site selection committee prior to a final decision.
PUBLIC COMMENT
Sandra Mathias, 4516 Yerba Ave., expressed the need of Atascadero for a Youth Center. She
stated that we need a facility where youth can have fain. She also stated that our young people
battle loneliness and a youth center would be an answer to this loneliness.
John McGoff, 9192 Maple St., commended Council Member Clay on proposing a plan for
developing a Youth Center. He expressed his agreement with the idea of the Main Street
Program and the Parks and Recreation Department working together on this project.
George Dodge, Chairman for the Youth Task Force and project director for Community LINK,
stated he strongly supports the development of a new youth facility as staff recommended. He
read some of the results of a youth survey for a youth center.
Randy Wright, Atascadero, owner of Promotion Sports, stressed to the Council the difficulty he
has in finding a facility for the youth he coaches during bad weather. He urged the Council to
move ahead with this proposal and plan big.
Jerry Tamelier, Sonora Ave., explained why a Youth Center is so important to this community as
he has worked with children in sports since 1983 in Atascadero. He stated that the High School
is short on facilities and the Recreation Department has a more difficult time finding facilities for
their programs.
Rick Mathews, 6950 Navarette Ave., stated he supports staff s recommendations and is in favor
of the building of a Youth Center. He stressed that we need a facility now. However, he
expressed that he would like the City to keep the Masonic Temple,
David Crouch, said that it is obvious that Atascadero needs a Youth Center. He also stated that a
project like this could help bring our community together. He applauded the Council for their
enthusiasm.
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000034
ITEM NUMBER: A-2
DATE: 01/11/2000
Al Clark, 9435 El Bordo, stated that he agrees with options #2 and#6. He said he supports the
development of a Youth Center while retaining the Masonic Temple. He commended the
Council for their participation and efforts.
Lon Allan, 6850 Santa Lucia, President of the Atascadero Historical Society, urged the Council
to keep the Printery even if we lock the doors and leave it vacant for now.
Steve LaSalle, Atascadero, indicated he agrees with Lon Allan. He shared with the Council
some of his fond memories of his experiences in a Youth Center.
Jim Patterson, 9312 Santa Margarita Road, stated he supports the staff recommendation. He
explained to the Council that he read an article about a national convention of Police Chiefs
where they were asked what would they recommend to control youth. The result was 70% stated
that an investment in after-school youth programs would be very important.
Barbie Butz, 3370 San Fernando Road, Parks and Recreation Chairperson, thanked the Council
for considering the Commission's recommendations. She stated that we are ready for this
project. She also stated, as an ARC Committee representative, that $40,000 has been invested in
the Printery. She expressed belief of past Chairman George Beatie's support for tonight.
Andrew Charnley, 200 S. Main St., Templeton, stated in a prepared statement read by City Cleric
Marcia Torgerson that he pledges $20,000 towards the construction of a youth center. (see
Attachment M)
Mayor Johnson closed the Public Comment period.
Council Member Clay stated that the $250,000 pledged by Dennis Moresco could go towards
this project.
Mayor Pro Tem Arrambide asked that we make it clear to the Mason's that the City needs to
retain the Printery.
Mayor Johnson suggested that some direction be given to staff along the lines of a Parks and
Recreation Plan, including plans for the Printery.
Council Member Clay suggested abandonment of the concept of using the Masonic Temple as a
permanent Youth Center. He also recommended that the site selection process include City
Council negotiation with the Mason's.
MOTION: By Council Member Clay to abandon the concept of using the
Masonic Temple as a Youth Center, direct staff to develop a site
selection process, at completion involve the Council and public in a
tour of possible sites, and direct staff to negotiate with the Masons,
informing them that we wish to maintain the building if possible.
The motion died due to the lack of a second.
CC 12/14/99
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ITEM NUMBER: A—2
DATE: 01/11/2000
. Mayor Johnson stated he could entertain a motion which supported the staff recommendation.
Council Member Clay stated he would like to see a Youth Center/Community Center.
Council Member Luna recommended thinking bigger than just a gymnasium when choosing the
site.
MOTION: By Council Member Scalise and seconded by Mayor Pro Tem
Arrambide to approve the staff s recommendation and to include the
gymnasium and other facilities.
Motion passed 5:0 by a roll-call vote.
Council Member Clay asked how the Council is dealing with the Masonic Building.
Mayor Johnson replied, it was part of the direction to staff.
2. City Council 2000 Meeting Schedule
■
Fiscal Impact: None
■ Staff Recommendation: Council approve City Council meeting schedule for 2000.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to approve City Council meeting schedule for 2000.
Motion passed 5:0 by a roll-call vote.
3. Information Bulletin
Council Member Luna pointed out that under SMART Growth, in the .) paragraph,
"...supportive of community liability..." should be "...supportive of community livability..."
Council Member Clay suggested that an educational program be given on SMART Growth.
Council Member Luna suggested it be done at the joint Planning Commission-City Council
Meeting in February.
D. ATTORNEY REPORTS:
1. Urgency Ordinance Regulating Gambling—Proposed interim ordinance.
■
Fiscal Impact: None
■ City Attorney recommendation: Council consider this item as an urgency item. The
Council may adopt Ordinance No. 369 as an urgency ordinance by a 415 vote.
City Attorney Roy Hanley gave the staff report and answered questions of Council.
CC 12/14/99
Page 13 000036
ITEM NUMBER: A-2
DATE: 01/11/2000
MOTION: By Council Member Luna and seconded by Council Member Clay to
extend the City Council meeting past 11:00 p.m.
Motion passed unanimously by a voice vote.
PUBLIC COMMENT
Robert Lilley, representative of Mr. Brown, owner of Outlaws, asked the Council to adopt the
urgency Ordinance.
Mayor Johnson closed the Public Comment period.
Mayor Johnson commented that he would not support an expansion of what it currently in place.
Mayor Pro Tem Arrambide commented that family values were quite important on the agenda
tonight and this item is incongruous with family values. He stated that he can not support this
item.
MOTION: By Council Member Clay and seconded by Council Member
Luna to adopt Urgency Ordinance No. 369, establishing gaming
regulations.
Motion passed 4:1 by a roll-call vote. (Arrambide opposed)
Mayor Johnson stressed that this is a temporary decision as a result of State action and wants the
Council to carefully look at a permanent ordinance in the near future.
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayor The City Clerk will accept nominations from the
Council Members
Mayor Pro Tem Arrambide explained he has conducted a survey of the other cities in the County
as to the election/appointment of the Mayor and shared his results. He believes that Atascadero,
like many other cities should have a two-year term for the position.
PUBLIC COMMENT
Jennifer Hageman, 8005 Santa Lucia, expressed disappointment that this item came so late in the
meeting. She stated that in the majority of cities the Mayor is not chosen by the Council. She
expressed support for Council Member Luna as Mayor as he has done a great deal for our City
and has received more votes from the community than any other Council Member (see
Attachment N).
Mayor Johnson closed the Public Comment period.
CC 12/14/99
Page 14 000037
ITEM NUMBER: A-2
DATE: 01/11/2000
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Scalise to nominate Ray Johnson as Mayor.
Motion passed 3:2 by a roll-call vote. (Clay & Luna opposed)
2. Council Appointment of Mayor Pro Tem—The new Mayor will accept nominations from
the Council Members
MOTION: By Council Member Scalise and seconded by Mayor Johnson to
nominate Mike Arrambide as Mayor Pro Tem.
Motion passed 3:2 by a roll-call vote. (Clay & Luna opposed)
Council Member Clay commented that he voted as he did because he supported Mayor Pro Tem
Arrambide for Mayor.
Mayor Johnson stated that he would have supported Mayor Pro Tem Arrambide as Mayor also.
3. Review committee appointments
Mayor Johnson asked the other Council Members to review the committee list and let him know
which committees they would prefer to serve on. He explained that he would announce the new
appointments at the next Council meeting.
E. COMMITTEE REPORTS:
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Johnson reported that we were awarded $116,000 for the Pedestrian Bikeway around the
Lake.
Water Committees
Council Member Clay announced that at the most recent water meeting, ecology, erosion, and
contamination presentations were given. He stated that Mayor Johnson, City Manger Wade
McKinney and he met with the other North County cities to discuss strategies on raising the dam.
Integrated Waste Management Authoritv
Council Member Luna reported that a request is currently before the State to change the formula
for the diversion rate to regional-wide basis, which will allow the diversion rate to be above the
50% required.
Air Pollution Control District
Mayor Pro Tem Arrambide announced that he is currently creating a Task Force for burn policy
and practice.
CC 12/14/99
Page 15 000038
ITEM NUMBER: A-2
DATE: 01/11/2000
Economic Vitality Corporation, Board of Directors
Mayor Johnson announced that they will meet tomorrow.
Economic Opportunity Commission
Mayor Pro Tem Arrambide stated that they are scheduled to meet Thursday night.
SCA-3 Steering Committee
Council Member Scalise reported that City Manager Wade McKinney and she met with Godbe
Research regarding the half-cent tax on the ballot in November which has not yet been approved.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney
Mr. Hanley stated that as requested, he will soon be bringing back to the Council the issue of
bow hunting in the City limits.
G. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 11:18 p.m. to the next regular session scheduled on
January 11, 2000, at 7:00 p.m.
CLOSED SESSION:
1. Conference with legal counsel [Govt. Code §54956.9]
Existing litigation:
Atascadero Unified School District v City of Atascadero
2) Conference with labor negotiator (Govt. Code Sec. 54957.6):
Agency Negotiator: City Manager
Department Heads Compensation
City Attorney Roy Hanley announced that there was no reportable action taken.
MEETING RECORDED AND PREPARED BY:
Marcia McClure Torgerson, City Clerk
Melanie Whaley, Deputy City Clerk
CC 12/14/99
Page 16 000039
ITEM NUMBER: A-2
DATE: 01/11/2000
ATTACHMENTS: A- Overheads used by Council Member Luna regarding the
Atascadero State Hospital Expansion proposal.
B- Prepared statement by Dorothy McNeil, dated 12/14/99.
C- Prepared statement by Eileen Cunningham, dated 12/14/99.
D- Prepared statement by Helen McAdams.
E- Prepared statement by Maureen Hamilton, dated 12/14/99.
F- Prepared statement Vivian Witzel, dated 12/14/99.
G- Prepared statement by Charles and Neva Glenn, dated
12/13/99.
H- Prepared statement by Becky Pacas, dated 12/12/99.
I- Prepared statement by Mrs. Harry W. Smith, dated
12/11/99.
J- Prepared statement by Paul and Sheree Ricketts, dated
12/13/99.
K- Prepared statement by Ellen Heinz.
L- Possible layout for Youth Center/Community Center as
presented by Council Member Clay.
M- Prepared statement of Andrew Charnley, dated 12/14/99.
N- Overhead by Jennifer Hageman showing the number of
vote received by individual Council Members.
CC 12/14/99
Page 17 0000,10
Attachment: A
Atascadera City Council
Meeting Date: 12/1.4/99
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-000042
Attachment: B
Atascadero City Council
December 14, 1999 Meeting Date: 12/14/99
Atascadero City Council
Honorable members :
Mr. DeMorales, CEO of Atascadero State Hospital, has described the
Sexually Violent Predators as "the worst of the horst" .
I have talked with more than a dozen employees in different jobs
at ASH who say all employees , rare exceptions, are against building
a maximum security prison for 1 ,500 sexually violent predators ..here .
Those I spoke with said they are very difficult to work with be-
cause they are so manipulative and arrogant. When they were serving
their terms in prison before they came here, they kept a low pro-
file because they were despised by other prisoners . When they arrive
at ASH after serving their terms , they intimidate a lot of the
Mentally Disordered Offenders who are the patients ASH was built for.
They are now being "treated" at a cost of $100,000 per man per year.
When they were in prison the cost of caring for them was $25,000
per year. (We spend113�6-od per year in California to educate each
child in the public schools. )
Since the Department of Mental Health is closing many of its facili-
ties, the ever-increasing load of SVPs will be housed in the site i
now beim chosen. Inevitably it will be on overload, and some of
these men will be released although all who work with them admit
they cannot be "cured" . "fJianaged" is the euphemism used in treatment .
Yes , many will return to live where they were imprisoned. There are
not enough parole officers to keep track of thei.r. whereabouts. We do
not want them here for so -called treatment , and we certainly do not
want them in our community . Not in our back yards? Absolutely !
The State and the local media failed us when. -the Sexually Violent
Predators arrived here in 1996. There was no public notice .
Now we do not want any phoney surveys put out by city officials who
have lost our trust . If there is to be a survey, make it a legiti-
mate one--the only one that counts--a ballot issue in March.
Dorothy F. McNeil
8765 Sierra Vista Rd.
Atascadero, CA 93422
000043
Attachment: C
Atascadero City Council
Meeting Date: 12/14/99
AT4SG.,f}176'K6 CITY GOL-Nc_1L
I read with disbelief that council members Johnson, Arrambide and Scalise, asked the
State to consider building a prison to house 1,500 sexually violent predators in
Atascadero, as requested by Atascadero State Hospital.
On February 3, 1999 the Atascadero News ran a front-page article about the escape of
one of the 247 sexually violent predators temporarily held at ASH. According to ASH,
the escapee scaled a courtyard fence, climbed a ladder to a rooftop and went over a tall
fence capped with razor wire to get outside the security perimeter. When he was
eventually apprehended in the Villa Margarita Mobile Home Park he struck an ASH
employee with an oak branch. The article ended by quoting a hospital spokesman, "At
no time was the community in danger from this elopement."
Two things disturb me. First, the community was in danger. If the escapee was willing
to be charged with assaulting a uniformed officer, he certainly would not have hesitated
to assault residents of the trailer park had they stood in his way. He could have taken a
hostage to help his escape. It was sheer luck that none of the elderly residents were in
his path.
Unlike most mentally ill patients at ASH, the sexually violent predators are very smart,
cunning and devious. When they escape it is with a "do or die" attitude. No one is
safe.
It also disturbs me that the ASH official referred to a prison escape as an "elopement".
Using a word like that brings to mind a romantic escapade. There is nothing romantic
about a very dangerous criminal on the loose.
Because of the casual attitude toward public safety expressed by the ASH spokesman,
any information coming from ASH officials on the proposed new prison will lack
credibility.
12-
Eileen Cunningham
8707 Casitas
Atascadero, CA 93422
(805) 466-1427
000044
Attachment: E
Atascadero City Council
clau%Fzn c-R,=)4amdton Meeting Date: 12/14/5
7705 eavnr&a ogvE.
<Aasead Eo
Califowia 93422
c
0000,16
•s_-tachment: F (� J
::tascadero City Council
fleeting Date: 12/14/99
110 E G 1 4 1999
December 14, 1999
CITY OF ATASCADERO
CITY CLERK'S OFFICE
Dear Mayor and City Council:
When I moved here in 1972, my friends in Fresno asked why I wanted to
live in a town that had a prison for the criminally insane. Since our city had
such a negative reputation in 1972, what effect will the expansion have on
our future reputation? Do we really want to be known as a "Prison Town"?
We certainly seem to be headed in that direction. The citizens here know
Atascadero is a wonderful, picturesque community full of friendly people in
a low-crime environment. I feel Atascadero is one of the greatest places in
the state to live and would like it to stay that way.
However, it might not stay that way with the approval of the hospital
expansion. This decision could negatively influence life here for generations
to come. Do not let this issue become your legacy while serving on our
council. Instead, let Colinga or Corcoran have the proposed facility, as they
have welcomed the idea.
Released offenders do re-offend and sometimes they commit the offense in
the community they are released from. We can't count on anyone to keep
track of al l the released offenders to make sure they stay away from our
county after being released. Just one rape or murder is too many if we now
have a way of stopping this situation from intensifying
Obviously, our city desperately needs the several million dollars the
expansion would provide but not at the cost of jeopardizing the safety of our
citizens (and citizens of surrounding communities).
Thank you for your time and serious consideration of this matter.
Vivian Witzel
P O Box 530
Atascadero Ca 93423
466-4309
000047
Ataachment: G
Atascadero City Council
Mr. and Mrs. Charles Glenn ~' Meeting Date: 12/14/99
DEC 13 IM P.O. Box 897
CITY-OF OTAs o ERRICE Atascadero, CA93423-0897
Phone/Fax (805) 438-5271
December 13, 1999
Atascadero City Council:
As long time residents of this commjunity, we are vehemently opposed to
increasing the capacity of the Atascadero State Hospital -- or even
considering such a move.
To house that number of violent men here would forever burden our
family-oriented community with the untenable label as being the site of
the largest and most debased criminal element in the state.
That's hardly a label that would encourage more desirable industries to
move here.
We feel sorry for such inmates and wish the state Mental Health
Department could cure those unfortunates, but they must not be
Incarcerated here In Atascadero!
Sincerely yours,
Charles Glenn
Neva Glenn
cc: Mayor Johnson
Councilman Arambide
Councilman Clay
Councilman Luna
Councilwoman Scalise
0000,18
'Attachment« H
Atascadeco City Council
Meeting i&tet 12/14/99 4
DEC 1 31999
December 12, 1999 CITY OF ATASCADERO
Honorable Mayor and Council Members:
CITY CLERK'S OFFICE
It is my understanding that Councilman Clay has asked the council once again to discuss the
issue of the expansion of the Atascadero State Hospital and possibly take action. It is my
hope that this issue is being brought back before you so that it may be put to rest before
any more time or money of the State or the City is wasted on pursuing the issue.
I was born in Atascadero
Over twenty years ago, when I moved to Los Angeles to attend UCLA, I found out what a
statewide reputation we had in Atascadero Anyone who had heard of Atascadero, had
heard of the State Hospital; but that is not what it was called. I quickly learned to watch for
the shocked face, and add, "yes there is a State Hospital there." Granted, there were many
who argued with me...it is not hospital...it is a Mental Institution...a prison for the insane...a
state prison, not a hospital.... But at least I warded off a few of those who thought the only
possible reason for living in Atascadero, as opposed to the suburbs of Los Angeles,
would be if my Father worked at the State Mental Institution for the Criminally Insane.
Anyone attending the Atascadero City Council meeting knows that there are endless
reasons for preferring to live in Atascadero rather than Los Angeles or it's suburbs. It has
taken Atascadero over twenty years to live down the reputation of housing an Institution for
the Criminally Insane. It is just recovering, this is no time to set it back by opening arms to a
facility for Sexually Violent Predators.
If Atascadero hopes to have any profitable future Commercially, in Light Industry, or in
Tourism, the addition of the exclusive Sexually Violent Predator facility would stunt it.
It is also unwise for Atascadero and San Luis Obispo County, to specialize so heavily in
one"industry', if you can call criminal institutions an industry. With Criminal Institutions in
Paso Robles, Atascadero and two in San Luis Obispo, it appears that San Luis Obispo
County is doing so much more than it's fair share of housing the States Criminal population.
I don't honestly believe that it is the aspiration of so many San Luis Obispo County
residents, that their children grow up to be Prison Guards, that we should add yet another
facility for hard criminals.
If the State were to ask if Atascadero was willing to house an institution for higher learning, I
would say go for it. That would be the type of proposal that Atascadero could thrive on. Is
our reputation still so tainted by the State Hospital, that Atascadero could never be
considered as a sight for a College or University. I hope not.
Let us continue to do our best to preserve our wonderful resources, that are unique to
Atascadero. That make it a desirable place to live for productive people ready to get away
from the big city life, not those being shipped out of the big city because they are Sexually
Violent Predators.
Atascadero is too beautiful a place to be wasted on the incarcerated. If we do not damage
our reputation again, people will come or stay because it is lovely, and friendly, and
because it is thriving without A Sexually Violent Predator facility.
Tha You for vaur time
00
ecky P as
0000"19
Attachment: I
Atascadero City Council
Fleeting Date: 12/14/99
Dec . 11 , 1999
Members of the City Council
6500 Palma
Atascadero , CA
to All Councimen and Women
Having lived in Atascadero for 24 years and seen many changes
for both good and ill, I urge you to not even consider adding
another "hospital-Prison" to our lovely town. If your concern
is for more jobs , you must surely be aware that our residents
fill the freeway every morning and evening and don ' t complain
about their commutes or their working conditions as long as
they can return to our rural , quiet , and beautiful tree-filled
town and their country homes .
When I first moved to California and heard the name Atascadero ,
it was synonymous with the hospital for the insane . Now it is
a- hospital filled with criminals . NO MORE ! We have done our
share for looking after such people, and worrying about what
would happen if they weren ' t inside .
Very truly yours ,
Mr
rHarry W. Smith
50 Atascadero Ave .
Atascadero , CA 93422
000050
Attachment•. J
AtascaderoCity Council
Meeting Date: 12/14/99
Paul and Sheree Rickeetts
4475 Sycamore Rd.
December 13, 1999 Atascadero, CA 93422
Dear Council Members,
Once again it has come to public attention that the Atascadero City Council is making
promises that it can not possibly keep! MORE JOBS! NEW PRISON!
I have read in the papers that our City Council thinks that by building a STATE
PRISON for VIOLENT SEX OFFENDERS here in Atascadero there will automatically
be more head of household jobs for local residents. Hogwash!!!
The public needs some facts.
There may be more service jobs created such as, housekeepersfjanitors, child care
attendants, gardeners/grounds keepers etc........ But as far as head of household
prison jobs go, just look up the statistics. Lompoc had a minimal local population of
mostly retired individuals before the Federal Prison was built there. The local
population of that city was mostly migrating Military from Vandenberg and service
providers that supported that facility. With the building of the prison came imported
experienced prison workers from all over the country and state of California.
State Govem,ent or Civil Service jobs typically hire from what they call "position
announcemers" that are published and posted state wide. With government positions,
"in house promotions" are STRONGLY encouraged and all new hires generally come
in at the entrance level. One of the primary benefits of a government job is the promise
of advancement within the system.
So just how many janitors and gardeners do you think they will hire from the local
population? Enough to justify the effects this will have on the quality of life we have
here. When the first "Ted Bundy type" is paroled "by accident' right here on the streets
of Atascadero and harms or kills someone you know and love, will it be worth the new
jobs then?
NO, this is just another promise that can not be kept just like the one promised 10
years ago bIrepair
at city council that said, "When we get the city revenue base built up we
will be able our streets!!! The revenue is u we are still inp, paying. Are you
paving yet?
Sincerely, Paul and Sheree Ricketts
P6�,e
000051
Attachment: F
atascadero City Councii
Meeting Date: 12/14/99
Councilman:
Please do not allow the State to build another
orison for hiah risk sex offenders in Atascadero
1 . We know that even though they are
incurable, they are released and often remain in
the area.
2. This is no way to attract desirable business.
Workers from other professions would not want
their families here.
3.We are doing more khan our share of housing
prisoners in relation to the size of this town.
4. Unemployment is at a thirty year low. Surely
we can find other forms of employment for our
people.
Sincerely,
. IOC .
&/
000052
�Dams
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HtdSCaf]eCp Cit Cour,
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Dec 14 99 10: 57a Charnley & Gustason (805) 434-4253 p. 2
200 S.Main Street
DEC 14 (999
Templeton,CA 93465
:J 805-4344250
CITY OF ATASCAN !�ttachrient: M
CITY CLERK'S OFFICE Atascadero City Council
Meeting Date: 12/14/99
Charnley&Gustason Development hie.
Dear Honorable City Council,
I've lived in our community for 35 years and am very excited about the
benefits the proposed youth center project will bring to the young people
of our community.
I will pledge $20,000.00 toward the cost of construction of the youth
facility.
Furthermore, if I can be of any assistance during the construction of the
youth facility flo of itate to call upon us.
i
Sin ' rely;'
/An w B. harnley
ham ey Gustason Development, Inc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
000054
Attachment: N
Atascadero City Council
Meeting Date: 12/14/99
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000055
ITEM NUMBER: A-3
DATE: 01/11/2000
MINUTES
ieia
1970
ATASCADERO CITY COUNCIL
STUDY SESSION
WEDNESDAY, DECEMBER 29, 1999
2:00 P.M.
I. CALL STUDY SESSION TO ORDER—2:00 P.M.
Mayor Johnson called the Study Session to order at 2:10 p.m.
II. PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Arrambide led the Pledge of Allegiance.
III. ROLL CALL:
Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson
Committee Members: David Bentz, Lon Allan, Maria Garcia, Joan O'Keefe, Stan McDonald and
Bill Bright
City Representatives: City Manager Wade McKinney, City Clerk Marcia Torgerson, City
Attorney Roy Hanley, City Treasurer David Graham
Godbe Research: Bryan Godbe, Amy Flowers
COMMUNITY SURVEY
IV. REVIEW AND FINALIZE COMMUNITY TELEPHONE QUESTIONAIRE
Mayor Johnson stated that Godbe Research has been selected to conduct Atascadero's telephone
survey.
Bryan Godbe introduced himself and explained his company's proposal. He explained this will
be a random digit dial survey as opposed to a voter survey. Mr. Godbe answered questions of
the Council and Committee. He asked the members of the media not to print any of the proposed
questions before the survey is completed.
CC 01/11/2000 00003t;
Page 1
ITEM NUMBER: A-3
DATE: 01/11/2000
City Manager Wade McKinney stated that he has had several telephone conferences with Mr.
Godbe to establish the draft survey that is being reviewed today.
Mr. Godbe read through the survey, explaining each question and asked for input and comments.
There was lengthy discussion concerning each question and adjustments were made accordingly.
V. ADJOURNMENT:
Mayor Johnson adjourned the Study Session at 3:20 p.m. to the next scheduled Regular Session
on Tuesday, January 11, 2000.
MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
CC 01/11/2000
Page 2 000057
ITEM NUMBER: A-4
DATE: 01/11/2000
1918 Q 1979
Atascadero City Council
Staff Report - Community Services Department
Public Sewer Extension Design, North El Camino Real
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with Cannon Associates, to prepare plans
and specifications for a gravity sewer main along El Camino Real from Del Rio Road to the
proposed liftstation north of the intersection of El Camino real and Santa Cruz Road (PS#13), at
a maximum cost of$19,800.00, and make the necessary appropriations.
DISCUSSION:
The design of public sewer improvements to serve the proposed Home Depot project are nearing
completion. After construction, the City will assume possession of a wastewater pumping station
and forcemain which will transport sewage from the northern end of El Camino Real, southeast
to the existing gravity system which flows to wastewater pumping station No.6 located on
Traffic Way.
Upon completion, the new pump station (PS#13) will transport sewage only from the Home
Depot Site. In order to operate this strategically located pump station economically, and to
maximize it's potential for the consolidation of wastewater collection system resources, an
extension of the public sewer south from the Home Depot site is warranted.
This project is being proposed at this time to take advantage of the design and construction
resources that are currently being focused on the north end of Atascadero as the result of the
proposed Home Depot project. Cannon Associates are currently designing a forcemain which
will extend from PS#13 south to Del Rio Road and beyond, making this an opportune time for
the City to enter into an contract with Cannon Associates to design a gravity main which would
extend along this same section of El Camino Real. Likewise, it may be less expensive, and it
would certainly be less disruptive, if the construction of the gravity sewer main coincided with
the construction of the forcemain.
iIf constructed, this public sewer main would extend from the existing wastewater pump station
located adjacent to El Camino Real, 300 feet north of Del Rio Road (PS#10) to the proposed
PS#13. It would also provide public sewer availability to property along north El Camino Real
that is currently in need of public sewer service due to soil conditions that are unsuitable for
00005£
ITEM NUMBER: A-4
DATE: 01/11/2000
septic systems. In addition this public sewer extension would allow the City to abandon PS#10
and eventually consolidate the flow of three wastewater pumping stations and reroute a majority
of the flow from the downtown area relieving the collection system capacity problem which
currently restricts additional connections to public sewers that flow through the downtown area.
In accordance with Section Five of the Public Works Bidding Procedures of the City's
procurement policy, a contract was negotiated with Cannon Associates. In accordance with
Section Three,Authorization to Proceed requires Council approval.
FISCAL IMPACT:
$19, 800.00, to be funded from the Wastewater Division's FY 99-00 Contingency Reserve.
ALTERNATIVES:
1. Authorize the Mayor to execute an agreement with Cannon Associates for the design of this
public sewer extension.
2. Do not authorize the Mayor to execute an agreement— This sewer main extension will not be
designed at this time. Construction could not take place until the extension is designed. Any
advantage in piggy-backing the design and construction of this extension off the design and
construction of Home Depot public sewer improvements would be lost. If not designed and
constructed, no consolidation of City wastewater pumping stations could occur, and the
planned relief of the at-capacity gravity sewer main adjacent to the downtown area could not
be accomplish by this means. In addition, the cost of operating and maintaining the proposed
PS#13 would require subsidization as the cost of operating and maintaining PS#13 would be
more than the user fee paid by Home Depot
ATTACHMENTS:
Attachment A— Proposal from Cannon Associates for the preparation of plans and
specifications for a gravity sewer main along El Camino Real
000059
MICHAEL F. CANNON, PE
ANDREW G. MERRIAM, AIA, AICP
fdamon DANIELS. HUTCHINSON, LS
ASSOCIATE 5
October 7, 1999
ENGINEERS
PLANNERS Mark Markwort
City of Atascadero
SURVEYORS 6500 Palma Avenue
Atascadero, CA 93422
Project: E1 Camino Real Sewer Main
Atascadero
Dear Mark:
Thank you for the opportunity to assist you with this project. Cannon Associates
will provide the following services for this project.
Scope of Work:
SANITARY SEWER MAIN EXTENSION
We will prepare plans and specifications for a gravity sewer main extension. The
proposed sewer main will be extended along El Camino Real from the liftstation
near the intersection of El Camino Real and Del Rio Road to the proposed
liftstation north of the intersection of El Camino Real and Santa Cruz Road. The
plans will conform to the requirements of the City of Atascadero Engineering
Department.
Services related to the design of pump stations or other major facilities required
by the City of Atascadero other than described above,will be outside the scope of
services of this agreement.
CONSTRUCTION OBSERVATION
We will provide construction observation services for this project. These services
364 PACIFIC STREET will include the following:
SAN Luis OBISPO, CA
93401 . Review Requests for Information (R.F.I.'s) during the bidding process and
during construction.
805 544-7407
Fax 805 544-3863 PROVIDING SERVICE SINCE 1976
000060
Mannon
ASSOCIATES
El Camino Real Sewer Main Proposal October 7, 1999
Page 2
• Review construction detail and material submittals from contractors as
requested by the City of Atascadero.
• Two site visits to observe the construction of improvements.
• Prepare record drawings based on the marked-up plans provided by the
contractor.
Estimated Fees:
Fees are based on the hourly rates per the enclosed fee schedule and do not
include City or County checking and recording fees, or title company fees.
Project meetings will be billed on a time and materials basis.
Total Estimated Fees: $19,800.00
Acceptance and Terms:
Appendix A details the terms for work. Cannon Associates bills monthly for
work in progress and payment is due within 10 calendar days of receipt of the bill.
Overdue amounts will be surcharged at 18 percent per annum or 1.5 percent
monthly. Materials are charged at cost plus 10 percent.
If this meets with your approval,please sign and return the Acceptance of
Proposal and include a 20 percent retainer in the amount of$3,960.00. This will
serve as our notice to proceed. The retainer will be applied to the billing as the
project nears completion.
The fees quoted in this proposal are valid for 60 days from this date. If you have
any questions, please give me a call.
Sincer ,
Scott J. es, P.E.
Project Manager
990942/Proposal
SJS/tg
000061
Mannon
ASSOCIATES
i
ACCEPTANCE OF PROPOSAL
Proposal Date: October 7, 1999
Client: City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
Project: El Camino Real Sewer Main
Atascadero
Scope of Work: Sanitary Sewer Main Extension,
Construction Observation
Estimated Fees: $19.800.00
In witness whereof, the parties hereto have caused this agreement consisting of
proposal letter, Appendix A and any other necessary and applicable documents to
be executed of the date and year first above written.
Client City of Atascadero Cannon Associates
x
Scott J. Stokes, P.E.
Project Manager
Date
John R. Falkenstien, P.E.
Director, Civil Engineering
Date October 7 1999
990942
000062
laymon
ASSOCIATES
APPENDIX A: TERMS FOR CANNON ASSOCIATES SERVICES
Cannon Associates, hereinafter referred to as CANNON ASSOCIATES.
City of Atascadero, hereinafter referred to as CLIENT.
Section 1: The Agreement
1.1 The agreement between the above noted parties consists of these terms,
the attached proposal and any exhibits or attachments noted in the
proposal. Together these elements will constitute the entire agreement
superseding any and all prior negotiations, correspondence, or
agreements either written or oral. Any changes to this agreement must
be mutually agreed to in writing.
Section 2: Standard of Care
2.1 Data, interpretations and recommendations by CANNON ASSOCIATES
will be based solely on information provided to CANNON
ASSOCIATES. CANNON ASSOCIATES is responsible for those data,
interpretations and recommendations,but will not be responsible for
other parties' interpretations or use of the information developed.
2.2 Services performed by CANNON ASSOCIATES under this agreement
are expected by the CLIENT to be conducted in a manner consistent with
the level of care and skill ordinarily exercised by members of this
profession practicing contemporaneously under similar conditions in the
locality of the project. No other warranty, expressed or implied, is made.
2.3 CANNON ASSOCIATES agrees to keep confidential and not to disclose
to any person or entity, other than CANNON ASSOCIATES' employees
and subcontractors, without the prior consent of CLIENT, all data and
information not previously known to and generated by CANNON
ASSOCIATES, or furnished to CANNON ASSOCIATES and marked
"Confidential"by CLIENT in the course of CANNON ASSOCIATES'
performance hereunder; provided however, that this provision shall not
apply to data which are in the public domain, or were previously known
to CANNON ASSOCIATES, or were acquired by CANNON
ASSOCIATES independently from third parties not under any obligation
to CLIENT to keep said data and information confidential. These
provisions shall not apply to information in whatever form that comes
into the public domain through no fault of CANNON ASSOCIATES,
nor shall they be interpreted in any way to restrict CANNON
ASSOCIATES from complying with an order to provide information or
data when such order is issued by a court, administrative agency or other
authority with proper jurisdiction. CLIENT agrees that CANNON
ASSOCIATES may use and publish the CLIENT's name and a general
description of CANNON ASSOCIATES' services with respect to the
project in describing CANNON ASSOCIATES' experience and
Appendix A: 1 of 8
Revised April 1997
000063
Mannon
ASSOCIATES
qualifications to other clients and prospective clients. CLIENT also
agrees that any patentable or copyrightable concepts developed by
CANNON ASSOCIATES as a consequence of service hereunder are the
sole and exclusive property of CANNON ASSOCIATES.
2.4 CLIENT recognizes that it is neither practical nor customary for
CANNON ASSOCIATES to include all construction details in plans and
specifications, thereby creating a need for interpretation in the field by
CANNON ASSOCIATES or an individual who is under CANNON
ASSOCIATES' supervision. CLIENT also recognizes that construction
review permits CANNON ASSOCIATES to identify and correct quickly,
professional errors or omissions that are revealed through construction,
or errors or omissions committed by.others due to misinterpretation of
design documents, or due to other causes. For the foregoing reasons,
construction review is generally considered an essential element of a
complete design professional service. Accordingly, if CLIENT directs
CANNON ASSOCIATES not to provide construction observation,
CANNON ASSOCIATES shall not be responsible for the consequences
of any of CANNON ASSOCIATES' acts, errors or omissions, except for
those consequences which, it reasonably could be concluded, CANNON
ASSOCIATES' review services would not have prevented or mitigated.
2.5 CLIENT acknowledges that CANNON ASSOCIATES is not responsible
for the performance of work by third parties including, but not limited to,
engineers, architects, contractors, subcontractors, or suppliers of
CLIENT.
2.6 It is contemplated that during the course of this engagement, CANNON
ASSOCIATES will be required to report on the past or current
performance of others engaged or being considered for engagement as a
service to CLIENT. All such opinions shall rendered by CANNON
ASSOCIATES in confidence, and shall be marked "Confidential." Such
opinions are not intended for distribution by CLIENT. To help create an
atmosphere in which CANNON ASSOCIATES feels free to express
opinions candidly, CLIENT agrees to waive any claim against CANNON
ASSOCIATES, and to defend, indemnify, and hold CANNON
ASSOCIATES harmless from any claim or liability for injury or loss
allegedly arising from CANNON ASSOCIATES' written opinions of the
past or current performance of others retained directly or indirectly by
CLIENT. CLIENT further agrees to compensate CANNON
ASSOCIATES for any time spent or expenses incurred by CANNON
ASSOCIATES in defense of any such claim, in accordance with
CANNON ASSOCIATES' prevailing fee schedule and expense
reimbursement policy.
Section 3: Billing and Payment
3.1 CLIENT will pay CANNON ASSOCIATES on a monthly basis to be
billed by CANNON ASSOCIATES. Prior to the start of the project a
retainer, as specified in the proposal, is required. Invoices for the
balance will be submitted to CLIENT by CANNON ASSOCIATES and
shall be due and payable within 10 days of invoice date. If CLIENT
Appendix A: 2 of 8
Revised ApI)W 7b,}
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ASSOCIATES
objects to all or any portion of any invoice, CLIENT will so notify
CANNON ASSOCIATES in writing within fourteen (14) days of the
invoice date, identifing the cause of the disagreement, and pay, when
due, that portion of the invoice not in dispute. The parties will
immediately make every effort to settle the disputed portion of the
invoice. In the absence of written notification described above, the
balance as stated on the invoice will be paid.
3.2 Invoices are delinquent if payment has not been received with thirty (30)
days from date of invoice. CLIENT will pay an additional charge of 1.5
percent per month or 18 percent per year of any delinquent amount,
excepting any portion of the invoiced amount in dispute and resolved in
favor of CLIENT. All time spent and expenses incurred(including any
attorney's fees) in connection with collection of any delinquent amount
will be paid by CLIENT to CANNON ASSOCIATES per CANNON
ASSOCIATES' current fee schedule. In the event CLIENT fails to pay
CANNON ASSOCIATES within sixty (60) days after invoices are
rendered, CLIENT agrees that CANNON ASSOCIATES will have the
right to consider the failure to pay CANNON ASSOCIATES' invoice as
a breach of this agreement.
3.3 CLIENT agrees that if CLIENT requests services not specified herein,
CLIENT agrees to timely pay for all such services as extra work.
CANNON ASSOCIATES will notify the CLIENT prior to performance
of services which are not specified in this agreement.
3.4 CLIENT agrees that payment to CANNON ASSOCIATES is in no way
contingent on the results of work by CANNON ASSOCIATES or on the
outcome of any litigation.
3.5 All engineering, surveying and planning services are subject to a one-
hour minimum charge.
3.6 Preparation and/or travel time will be charged at the hourly rate.
3.7 Subcontract expenses are charged on a cost-plus-15 percent basis.
3.8 Reimbursable expenses are charged on a cost-plus-10 percent basis.
3.9 Fees are subject to change without notice.
Section 4: Additional Services
4.1 Boundary services are based on the following assumptions:
1. That the record information is indexed in the County Recorder's
office.
2. That record information accurately represents existing
monumentation and promotes the normal progress of the survey.
3. That existing monumentation is accessible and uncompromised.
4. That the provided title information is without defect.
Appendix A: 3 of 8
Revised April Odb065
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ASSOCIATE S
Where unexpected developments increase the scope of work as defined
herein and/or prove the assumptions of this proposal invalid, CANNON
ASSOCIATES shall make reasonable effort to contact the CLIENT to
discuss the effects and adjustment of cost. Any adjustment to cost shall
be by agreement prior to commencing with additional services.
4.2 Additional services within the limits of construction staking for this
project including,but not limited to; administrative and labor costs for
restaking due to vandalism, carelessness, design revisions or omissions,
or verification of boundary lines will be billed at the rates shown on the
enclosed fee schedule.
4.3 Additional services include making revisions in drawings, specifications
or other documents when such revisions are:
Inconsistent with approvals or instructions previously given by CLIENT,
including revisions made necessary by adjustments in CLIENT's
program or project budget;
Required by the enactment or revision or codes, laws or regulations
subsequent to the preparation of such documents.
4.4 Additional services includes providing services required because of
significant changes in the project including, but not limited to, size,
quality, complexity, CLIENT's schedule, or the method of bidding or
negotiating and contracting for construction.
Section 5: Site Access and Site Conditions
5.1 CLIENT will grant or obtain free access to the site for all equipment and
personnel necessary for CANNON ASSOCIATES to perform the work
set forth in this agreement. CLIENT will notify any and all possessors of
the project site that CLIENT has granted CANNON ASSOCIATES free
access to the site. CANNON ASSOCIATES will take reasonable
precautions to minimize damage to the site, but it is understood by
CLIENT that, in the normal course of work, some damage may occur
and the correction of such damage is not part of this agreement unless so
specified in the proposal.
Section 6: Ownership of Documents
6.1 All reports, maps, plans, field data, field notes, estimates and other
documents, whether in hard copy or machine readable form, which are
prepared by CANNON ASSOCIATES as instruments of professional
service, shall remain the property of CANNON ASSOCIATES.
CLIENT may retain copies, including copies stored on magnetic tape or
disk, for information and for reference in connection with the occupancy
and use of the project.
6.2 Because of the possibility that information and data delivered in machine
readable form may be altered, whether inadvertently or otherwise,
Appendix A: 4 of 8
Revised ApriNMT)6
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ASSOCIATES
CANNON ASSOCIATES reserves the right to retain the original
tapes/disks and to remove from copies provided to CLIENT all
identification reflecting the involvement of CANNON ASSOCIATES in
their preparation. CANNON ASSOCIATES also reserves the right to
retain hard copy originals of all project documentation delivered to
CLIENT in machine readable form, which originals shall be referred to
and shall govern in the event of any inconsistency between the two.
6.3 CLIENT recognizes that changes or modifications to CANNON
ASSOCIATES' instruments of professional service introduced by
anyone other than CANNON ASSOCIATES may result in adverse
consequences which CANNON ASSOCIATES can neither predict nor
control. Therefore, and in consideration of CANNON ASSOCIATES'
agreement to deliver its instruments of professional service in machine
readable form, CLIENT agrees, to the fullest extent permitted by law, to
hold harmless and indemnify CANNON ASSOCIATES from and
against all claims, liabilities, losses, damages, and costs, including but
not limited to attorney's fees, arising out of or in any way connected with
the modification,misinterpretation, misuse or reuse by others of the
machine readable information and data provided by CANNON
ASSOCIATES under this Agreement. The foregoing indemnification
applies, without limitation, to any use of the project documents on other
projects, for additions to this project, or for completion of this project by
others, excepting only such use as may be authorized, in writing,by
CANNON ASSOCIATES.
6.4 CLIENT agrees that all reports and other work furnished to CLIENT or
his agents, which is not paid for, will be returned upon demand and will
not be used by CLIENT or others for any purpose whatsoever.
6.5 CANNON ASSOCIATES will retain all pertinent records relating to the
services performed for a period of five years following completion of the
project, during which period the records will be made available to
CLIENT at all reasonable times.
Section 7: CLIENT Responsibilities
7.1 CLIENT shall provide full information for this project, including a
program setting forth CLIENT's design objectives, constraints, and
construction budget criteria.
7.2 CLIENT shall furnish a legal description, a certified land survey, and the
services of a soil, structural, mechanical, electrical or other engineer or
consultant services, and laboratory tests, inspections, or reports as
required by law or as requested by CANNON ASSOCIATES to perform
the functions and services required of this agreement. The information
shall be furnished at CLIENT's expense and CANNON ASSOCIATES
shall be entitled to rely upon the accuracy and completeness thereof.
7.3 CLIENT shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the project, including
auditing services CLIENT may require to verify the Contractor's
Appendix A: 5f 8
Revised April Awo6,7
lairmon
A S S O C I AT E S
Applications for Payment or to ascertain how or for what purposes the
Contractor uses the moneys paid by CLIENT. The information above
shall be furnished at CLIENT's expense, and CANNON ASSOCIATES
shall be entitled to rely upon the accuracy and completeness thereof.
7.4 If CLIENT observes or otherwise becomes aware of any fault or defect
in the project or nonconformance with the Contract Documents, prompt
written notice shall be given by CLIENT to CANNON ASSOCIATES.
7.5 CLIENT shall furnish information and shall review CANNON
ASSOCIATES' work and provide decisions as expeditiously as
necessary for the orderly progress of the project and of CANNON
ASSOCIATES' services.
Section 8: Insurance
8.1 CANNON ASSOCIATES represents and warrants that it and its agents,
staff and consultants employed by it, is and are protected by workman's
compensation insurance and that CANNON ASSOCIATES has such
coverage under public liability and property damage insurance policies
which CANNON ASSOCIATES deems to be adequate. Certificates for
all such policies of insurance shall be provided to CLIENT upon request
in writing. Within the limits and conditions of such insurance,
CANNON ASSOCIATES agrees to indemnify and save CLIENT
harmless from and against any loss, damage or liability arising from any
negligent acts by CANNON ASSOCIATES, its agents, staff, and
consultants employed by it. CANNON ASSOCIATES shall not be
responsible for any loss, damage or liability beyond the amounts, limits,
and conditions of such insurance. CANNON ASSOCIATES shall not be
responsible for any loss, damage, or liability arising from any acts by
CLIENT, its agents, staff, and other consultants employed by CLIENT.
Section 9: Termination
9.1 This agreement may be terminated by either party seven (7) days after
written notice in the event of any breach of any provision of this
agreement or in the event of substantial failure of performance by the
other party, or if CLIENT suspends the work for more than three (3)
months. In the event of termination, CANNON ASSOCIATES will be
paid for services performed prior to the date of termination plus
reasonable termination expenses including the cost of completing
analyses, records and reports necessary to document job status at the
time of termination.
9.2 Failure of CLIENT to make payments to CANNON ASSOCIATES
when due in accordance with this Agreement shall be considered
substantial nonperformance and cause for termination. If CLIENT fails
to make payment when due CANNON ASSOCIATES for services and
expenses, CANNON ASSOCIATES may, upon seven(7) days written
notice to CLIENT, suspend performance of services under this
Agreement. Unless payment in full is received by CANNON
Appendix A: 6 of 8
Revised April l'Oboob�
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A S S O C I AT E S
ASSOCIATES within seven(7) days of the date of the notice, the
suspension shall take effect without further notice. In the event of a
suspension of services, CANNON ASSOCIATES shall have no
liability to CLIENT for delay, damage, loss of agency approvals, loss
of financing, interest expenses, etc. caused to CLIENT because of such
suspension of service.
Section 10: Disputes Resolution
10.1 All claims, disputes, and other matters in controversy between
CANNON ASSOCIATES and CLIENT arising out of or in a way related
to this agreement will be submitted to "alternative dispute resolution"
(ADR) such as mediation and/or arbitration, before and as a condition
precedent to other remedies provided by law. If and to the extent
CLIENT and CANNON ASSOCIATES have agreed on methods for
resolving such disputes,then such methods will be set forth in the
"Alternative Dispute Resolution Agreement" which, if attached, is
incorporated and made apart of this agreement.
10.2 If a dispute at law related to the services provided under this agreement
and that dispute requires litigation instead of ADR as provided upon,
then:
(1) the claim will be brought and tried in judicial jurisdiction of the
court of the county where CANNON ASSOCIATES' principal
place of business is located and CLIENT waives the right to
remove the action to any other county or judicial jurisdiction,
and
(2) the prevailing party will be entitled to recovery of all reasonable
costs incurred, including staff time, court costs, attorney's fees,
and other claim related expenses.
Section 11: Assigns
11.1 CANNON ASSOCIATES shall not assign this agreement in whole or in
part nor shall it subcontract any portion of the work to be performed
hereunder, except that CANNON ASSOCIATES may use the services of
persons or entities not in our employ when it is appropriate and
customary to do so. Such persons and entities include, but are not
necessarily limited to, specialized consultants and testing laboratories.
CANNON ASSOCIATES' use of others for additional services shall not
be unreasonably restricted by CLIENT provided CANNON
ASSOCIATES notifies CLIENT in advance.
Section 12: Governing Law and Survival
12.1 The law of the State of California will govern the validity of these terms,
their interpretation and performance.
Appendix A: 7 of 8
Revised April IMo ()69
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ASSOCIATE S
12.2 If any of the provisions contained in this agreement are held illegal,
invalid or unenforceable, the enforceability of the remaining provisions
will not be impaired. Limitations of liability and indemnities will
survive termination of this agreement for any cause.
Section 13: Limitation of Liability
13.1 To the fullest extent permitted by law, the total liability, in the aggregate,
of engineer and engineer's officers, directors, employees, agents and
independent professional associates and consultants, and any of them, to
CLIENT and anyone claiming by, through or under CLIENT, for any
and all injuries, claims, losses, expenses or damages whatsoever arising
out of or in any way related to engineer's services, the project or this
agreement from any cause or causes whatsoever, including but not
limited to the negligence, errors, omissions, strict liability or breach of
contract of engineer or engineer's officers, directors, employees, agents
and independent professional associates and consultants, or any of them,
shall not exceed the total compensation received by engineer under this
agreement, or the total amount of$50,000.00,whichever is greater.
Appendix A: 8 of 8
Revised April IOFV X ,, O
Mannon
A S S O C I AT E S
REIMBURSABLE EXPENSE SCHEDULE
April 1998
In-House Reproduction
Blueprints $ 2.00 per sheet
Sepia Mylars $10.00 per sheet
Plots $10.00 per sheet
Photocopies $ 0.15 per page
Other Reproduction Cost+ 15%
Communication (mail and telephone) Cost+ 15%
FAX $ 1.00 per page
Shipping (UPS, Fed Ex, etc.) Cost + 15% 0
Travel by Automobile $ 0.30 per mile
Travel - Other Than Automobile Cost+ 15%
Per Diem (room and board for 2 person crew) $160.00/day
GPS Equipment $25.00 per hour/per receiver
$50.00/day minimum charge
Robotic EDP $25.00 per hour
Permit Fees Cost+ 15%
Subconsultant Fees Cost+ 10%
If authorized by the client, an overtime premium multiplier of 1.5 will be applied
to the billing rate of hourly personnel who work overtime in order to meet a
deadline which cannot be met during normal hours. Applicable sales taxes, if any,
will be added to these rates.
Survey crews are billed portal to portal, and mileage charges are included in the
hourly rate.
00001,71
marmon
ASSOCIATE S
FEESCHEDULE
February 1999
Civil Engineering Department Rate/Hour
Principal Civil Engineer $ 95.00
Associate Civil Engineer 75.00
Civil Engineering Technician III 55.00
Construction Observation 60.00—90.00
Clerical II 40.00
Clerical Assistant 25.00
00010 72
ITEM NUMBER: A-5
_ {{ DATE: 01/11/2000
_.E', X16 is N N
.s
191 A 19 9
Atascadero City Council
Staff Report - Community Services Department
Santa Cruz Road Slope Stabilization Project
Project No. 98-15
RECOMMENDATION:
Staff recommends Council accept the Santa Cruz Road Slope Stabilization Project as complete
and authorize the Finance Director to release the project retention in the amount of$7,298.40.
DISCUSSION:
On January 26, 1999, Council authorized the execution of an agreement with Souza
Construction, Inc. to construct road slope stabilization improvements on Santa Cruz Road. Two
Change Orders were issued on this project and adjustments were made to unit quantities,
bringing the total contract price to $100,432.80. As a provision of Change Order No. 2, the
Contractor was previously paid $2,744.88 of the project retention, leaving the total retention
amount at $7,298.40.
The City Engineer has reviewed the completed improvements and has found them to be in
substantial conformance with the project plans and specifications.
FISCAL IMPACT:
The project has been authorized for FEMA funding in the amount of$135,735. The following
table summarizes the project construction expenditures.
CONSTRUCTION EXPENDITURES
Construction $100,432.80
Contract Administration,Construction
Engineering,Inspection,Soils Testing and Survey $7,742.25
TOTAL CONSTRUCTION EXPENDITURES $108,175.05
ATTACHMENTS: Notice of Completion
000073
ITEM NUMBER: A-5
DATE: 01/11/2000
RECORDING REQUESTED BY:
(and when recorded,mail to:)
City Clerk
CITY OF ATASCADERO
6500 Palma Avenue
Atascadero,CA 93422
NOTICE OF COMPLETION
NO TRANSFER OF PROPERTY
Notice is hereby given pursuant to Civil Code Section 3093:
1. The undersigned is corporate officer for the City of Atascadero, owner of property
hereinafter described.
2. The full name of the owner is the City of Atascadero.
3. The full address of the owner is: 6500 Palma Avenue, Atascadero, CA 93422
4. The nature of the interest of the owner is in fee.
5. A work of improvement on the property hereinafter described was completed on
November 18, 1999.
6. The work done was the Santa Cruz Road Slope Stabilization Project (City Bid No. 98-
15).
7. The name of the contractor who performed such work of improvement was Souza
Engineering and Contracting, Inc.
Dated:
By:
Wade G. McKinney, City Manager
City of Atascadero
VERIFICATION
I, the undersigned, say that I am the City Manager, declarant of the foregoing Notice of
Completion; I have read said Notice of Completion and know the contents thereof; the same is
true of my own knowledge. I declare under penalty of perjury that the foregoing is true and
correct.
Executed on at the City of Atascadero, California.
By:
Wade G. McKinney, City Manager
City of
ITEM NUMBER: A-6
DATE: 01/11/2000
:a
19181. ® 1979
Atascadero City Council
Staff Report - Community Services Department
Traffic Way Storm Drain Project
RECOMMENDATION:
Council authorize the Mayor to execute an agreement with Cannon Associates at maximum cost
of $14,600 for the engineering design services required to prepare plans, contract documents,
technical specifications and special provisions for the extension of an existing storm drain system
along Traffic Way.
DISCUSSION:
Staff had solicited proposals from seven local qualified engineering firms. The only proposal
received was from Cannon Associates. The proposal was reviewed and found to conform with
the RFP requirements. Cannon Associates is qualified to perform the required services. The
quoted fee is reasonable for the services required.
The proposed project will extend the storm drain system which began with the construction of
Tract 2225. The storm drain will extend in a northerly direction from Dolores Avenue to San
Jacinto Avenue.
In addition to the designing the extension to the existing storm drain along Traffic Way, staff is
recommending that Council authorize the services described under Option 2 in the consultant's
proposal. The services under Option 2 would include the additional services required to design
an edge drain system along San Jacinto Avenue to capture groundwater flows before they surface
on the existing pavement.
Staff recommends that council authorize the execution of an agreement with Cannon Associates
for the services described under Option 2 of their proposal for a not to exceed fee of$14,600.
Staff has confirmed that the not to exceed fee for Option 2 includes Tasks 1, 2 and 3.
The construction of the Traffic Way Storm Drain has not been budgeted for FY 99-00. However,
1998 State Transportation Improvement Program (STIP) funds have become available this fiscal
year to design the project. The project was originally budgeted for FY 00-01 in the 5-year
Capital Improvement Plan.
0000'75
ITEM NUMBER: A-6
DATE: 01/11/2000
FISCAL IMPACT:
EXPENDITURES
Engineering Design Services $14,600.00
TOTAL EXPENDITURES $14,600.00
REVENUES
Fund 700 (Drainage Impact Fees) $7,900.00
1999 STIP Amendment Funding $6,700.00
TOTAL REVENUES $14,600.00
ALTERNATIVES:
1. Authorize agreement
2. Do not authorize agreement — project will be delayed. Additional costs will be incurred re-
soliciting proposals for design services. If STIP funds are not expended by 06/30/02, fiends
could be lost to region.
ATTACHMENTS:
Attachment A - Consultant Services Agreement (Exhibits A and B of the Agreement are
available for review at the office of the City Clerk)
000076
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
TRAFFIC WAY STORM DRAIN DESIGN PROJECT
THIS AGREEMENT is hereby entered into by and between the CITY OF ATASCADERO,
hereinafter referred to as "City", and Cannon Associates, hereinafter referred to as
"Consultant".
Witnesseth that for and in consideration of the mutual covenants herein contained, the
parties hereto agree as follows:
Article 1 - Authorization
A. Consultant will perform the services under this Agreement upon receipt of the
Notice to Proceed issued by the City Engineer.
B. The following exhibits are attached hereto, and incorporated herein, by reference as
though here fully set forth.
1. Exhibit A - Proposal/Fee Schedule
2. Exhibit B - Request for Proposal, dated September 20, 1999
Article 2 - Responsibilities of Consultant
A. Consultant will provide professional engineering services as necessary to design the
Traffic Way Storm Drain Project, including required studies, all as outlined under
Exhibit A, Option 2 and Exhibit B. It is hereby agreed that Exhibit A, Option 2 services
shall all services outlined under Tasks 1, 2 and 3.
B. In the performance of Consultant's service under this Agreement, Consultant agrees that
he will maintain such coordination with City officials as may be requested and
desirable, including primary coordination with the City Engineer.
C. Insofar as they may be applicable to the project contemplated by this Agreement,
Consultant shall render the services per Exhibit A, Option 2 and Exhibit B, commencing
with receipt of a written Notice to Proceed signed by the City Engineer.
Article 3 - Responsibilities of City
The City will cooperate with Consultant on all phases of the services covered by this
Agreement and will make available to him, as his needs indicate, all existing maps,
topographic maps, aerial photographs, soils reports, and other similar data in possession of
City covering the sites selected.
CITY OF ATASCADERO
CONSULTING SERVICES AGREEMENT Page 1 of 6 Page'000077
Article 4 - Fee and Provision for Payment
A. City will pay Consultant a not to exceed fee of Fourteen Thousand Six Hundred Dollars
and No Cents ($14,600.00) for the services contracted under this Agreement.
B. Consultant shall submit monthly progress reports to City indicating the state-of-
completion of each task specified in Exhibit A, Option 2.
C. Consultant will be paid no later than thirty (30) days following approval of the
Consultant's progress report and invoice. Any additional applicable hourly rate billings
as authorized in Article 5 shall be based on the Fee Schedule incorporated into this
Agreement in Exhibit A.
Article 5 - Payment for Extra Services or Changes
Any claim for payment for extra services or changes in the services will be paid by City
only upon certification by the City Engineer that the claimed extra service or change was
authorized in advance by the City Engineer and the Community Services Director, and that
the service has been satisfactorily completed. Invoices for extra services which are
approved by the City Engineer and the Community Services Director must be submitted by
Consultant within thirty (30) days of completion of such services and must be accompanied
by a statement of itemized costs covering said services.
Article 6 - Suspension or Termination of Agreement
A. If Consultant fails to comply with the conditions of the Agreement, City may, by written
notice of the City Engineer and the Community Services Director, suspend the
Agreement and withhold further payments pending corrective action by Consultant or a
decision to terminate the Agreement. After receipt of notice of suspension, Consultant
may not incur additional obligations of Agreement funds during the suspension unless
specifically authorized by the City Engineer and the Community Services Director.
B. Either party hereto shall have the right to terminate this Agreement upon giving ten (10)
days written notice of such termination of this project in its entirety, notwithstanding
any other fee provisions of this Agreement, based upon services accomplished by
Consultant prior to notice of such termination. Consultant shall be entitled to the
reasonable value of his services involved in the termination, as determined by City,
upon a finding which shall be final and conclusive as to the amount of fee due and
owing.
Article 7 - Time of Completion
Consultant agrees to diligently pursue the services under this Agreement and to complete
the services as described in Exhibit A within SIXTY (60) CALENDAR DAYS from receipt of
the written Notice to Proceed signed by the City Engineer. Consultant shall not be
responsible for any delay which is caused by City review, action or inaction of City and/or 0
CITY OF ATASCADERO
CONSULTING SERVICES AGREEMENT Page 2 of 6 PageDo0078
any state or federal agency, or acts of God, but shall be responsible for his own fault or
negligence or that of any of his subcontractors.
Article 8 - Conflicts of Interest
No member, officer, or employee of City, during his or her tenure, or for one (1) year
thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof.
Article 9 - Ownership of Data
The ownership of all data collected for use by Consultant under this Agreement, together
with working papers, drawings, and other materials necessary for a complete
understanding of the plans and necessary for the practical use of the plans shall be vested
in City. Ownership of original drawings and documents shall be vested in City.
Consultant may retain a copy of all work for his own use.
Article 10 - Covenant Against Contingent Fees
Consultant warrants that he has not employed or retained any company or person, other
than a bona fide employee working solely for him, to solicit or secure this Agreement, and
that he has not paid or agreed to pay any company or person, other than bona fide
employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent on or resulting from the award or making of this
Agreement. For breach or violation of this warranty, City shall have the right to annul this
Agreement without liability or, in its discretion, to deduct from the contract price or
consideration or otherwise recover, the full amount of such fee, commission, percentage
fee, gift, or contingency.
Article 11 - Contract Personnel
The services to be done pursuant to this Agreement shall be done by Cannon Associates
and such other personnel in the employ or under the supervision of Consultant who shall
be approved by City. The City official who shall be vested with the right of approval of
such additional personnel or outside contracting parties shall be the City Manager. City
reserves the right to reject any of Consultant's personnel or proposed outside consultants,
and City reserves the right to request that acceptable replacement personnel be assigned to
the project.
Article 12 - Indemnift Clause
Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers,
agents, and employees, from any and all claims, demands, damages, costs, expenses, and
liabilities arising out of this Agreement or occasioned by the negligent performance or
attempted negligent performance of the provisions hereof, including, but not limited to,
any negligent act or omission to act on the part of Consultant or his agents or employees or
independent contractors directly responsible to him, except that the above shall not apply
CITY OF ATASCADERO
CONSULTING SERVICES AGREEMENT Page 3 of 6 Page 000 i 9
to the sole negligence or willful misconduct of City or City's agents, servants, or
independent contractors who are directly responsible to City. This indemnification
provision shall apply even if there is concurrent or joint negligence of indemnitor and
indemnitee, and even if there is active or passive negligence by either or both parties.
Article 13 - Insurance
A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own
expense, prior to commencement of the work of this Agreement, professional liability
(errors and omissions) insurance, in a company authorized to issue such insurance in
the State of California, with limits of liability of not less than one million dollars
($1,000,000) to cover all professional services rendered pursuant to this Agreement.
Such insurance shall be kept in force for one (1) year beyond the date of Notice of
Completion of the project as accepted by the City Council.
B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force
and effect for the duration of this Agreement, automobile insurance and public liability
insurance with an insurance carrier satisfactory to City, which insurance shall include
protection against claims arising from personal injury, including death resulting
therefrom, and damage to property resulting from any actual occurrence arising out of
the performance of this Agreement. The amounts of insurance shall be not less than the
following:
1. Single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage or a combination thereof in an amount
not less than One Million Dollars ($1,000,000).
The following endorsements must be attached to the policy or policies:
1. If the insurance policy covers on an "accident" basis, it must be changed to
"occurrence".
2. The policy must cover personal injury as well as bodily injury.
3. Broad form property damage liability must be afforded.
4. The City of Atascadero, its officers, employees, and agents, shall be named as
insured under the policy, and the policy shall stipulate that the insurance will
operate as primary insurance and that no other insurance effected by City will be
called upon to contribute to a loss hereunder.
5. The policy shall contain contractual liability, either on a blanket basis or by
identifying this Agreement within a contractual liability endorsement.
6. The policy shall contain "cross-liability" such that each insured is covered as if
separate policies had been issued to each insured.
7. City shall be given thirty (30) days notice prior to cancellation or reduction in
coverage of the insurance.
B. Workers Compensation Insurance. In accordance with the provisions of Section 3700
of the Labor Code, Consultant shall be insured against liability for workers
CITY OF ATASCADERO
CONSULTING SERVICES AGREEMENT Page 4 of 6 Palobooso
compensation or undertake self-insurance. Consultant agrees to comply with such
provisions before commencing performance of any services under this Agreement.
C. Certificates of Insurance. Consultant shall submit to the City Engineer all certificates
of insurance evidencing that Consultant has the insurance required by this Agreement
within ten (00) days after receipt of Notice of Award. Said certificates shall state the
project number and that the policy shall not be assigned, cancelled, or reduced in
coverage without thirty (30) days written notice to City, and that such insurance not
relieve or decrease the extent to which Consultant may be held responsible for
payment of damages resulting from any service or operation performed pursuant to this
Agreement. Consultant shall not perform any services under this Agreement until the
required insurance certificates have been submitted to City and approved by these
provisions, or fails or refuses to furnish City required proof that insurance has been
procured and is in force and paid for, City shall have the right, at its discretion, to
forthwith terminate this Agreement.
Article 14 - Status
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor, and in no event shall any of his personnel or subcontractors be
construed to be employees of City.
Article 15 - Non-Discrimination
Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of
September 24, 1965, and all other orders, regulations, and laws governing non-
discrimination in employment, including in particular, Section 122(a) of the State and
Local Fiscal Assistance Act of 1972.
Article 16 - Modification of Agreement
This Agreement may be further modified only by a written amendment signed by both
parties hereto.
Article 17 - Law Governing
This Agreement shall be governed by the laws of the State of California.
Article 18 - Communications
Communications between the parties to this Agreement may be sent to the following
address:
City: CITY OF ATASCADERO
6500 Palma Avenue
r� Atascadero, CA 93422
Attn: Steven J. Sylvester, City Engineer
CITY OF ATASCADERO
CONSULTING SERVICES AGREEMENT Page 5 of 6 Pag00008i
Consultant: Cannon Associates
364 Pacific Street
San Luis Obispo, CA 93401
ACCEPTED AND AGREED this the day of / 2000.
CITY: CONSULTANT:
CITY OF ATASCADERO, CANNON ASSOCIATES
a municipal corporation
By: By:
Ray Johnson, Mayor (Print Name)
(Signature)
ATTEST:
Marcia M. Torgerson, City Clerk
i
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
APPROVED AS TO CONTENT:
Steven J. Sylvester, City Engineer
CITY OF ATASCADERO
CONSULTING SERVICES AGREEMENT Page 6 of 6 PageUO0082
ITEM NUMBER: C—1
-W 6I1a ® DATE: 01/11/2000
1918 1 9
Ir
Atascadero City Council
Staff Report - Community Development Department
General Plan Update
Scope of Work
RECOMMENDATION:
Staff recommends Council receive and file the attached Scope of Work for the 2000 General Plan
Update.
DISCUSSION:
On November 23, 1999 Council authorized staff to negotiate a contract with Crawford Multari
Clark and Mohr to update the General Plan. The overall project scope the General Plan Update
is for $125,000 with an approximate one-year time frame. The update process will begin with
the review and consolidate the existing General Plan elements coupled with a community
outreach program. This process will serve to create a solid foundation of existing information
and public involvement on which an updated General Plan will be built. The actual update will
consist of a revised Housing Element that accurately identifies the City's capacity to absorb
affordable housing. The land use element and land use diagram for the City will be updated to
identify appropriate locations to accommodate future development based on a comprehensive
analysis of constraints issues. An Environmental Impact Report will be prepared for the updated
General Plan. The public, Planning Commission and City Council will all be involved in the
process of shaping the update.
Staff was authorized to enter into a contract up to $60,000 to cover the first phases of the
contract. In coordination with the consultant, staff has prepared the attached work scope of tasks
for the project. Tasks 1, A, 2, and 3 will be covered by the first phase $60,000 contract. Since
the total cost for the four initial tasks is $68,000, a remote possibility exists that staff may have to
request the appropriation of an additional $8000 prior to the end of the fiscal year.
The attached work scope is still in draft form and will continue to be updated during the General
Plan process.
ATTACHMENTS: Attachment 1: General Plan Update Scope of Work
000053
City of Atascadero
General Plan Update 2000
ITEM NUMBER: G
Work Scope —
Tasks/Description
♦ Staff tasks not included in work scope DATE: 1/11
❑ Consultant Tasks to be added to work scope
Phase 1 General Plan Element Consolidation&Policy Review
♦ Initial Meetings
♦ Background Research
♦ PC Study Session Attachment 1: General Pian Update Scope of Work
1.1 Document Review
♦ Responsible Agency Notification General Plan Update 2000
1.2 Re-affirm General Plan Goals
♦ Staff Report/Hearing Notices
♦ City Council Hearing:Goal Consideration
♦ Compile Proposed Land Use Amendments
1.3 Working Paper
♦ Staff Review of Working Paper
♦ Constraints Mapping
♦ Team Meeting(combine with Housing)
1.4 General Plan Consolidation
♦ GP Reformatting/Exhibit Template
1.5 Issues and Options Report
♦ Staff Review of Issues Report
♦ Analysis of Neighborhood Outreach Process
♦ PC/CC Review of IOR and Outreach
Phase A Community Outreach
♦ Mailing Lists
♦ Newsletters
♦ Website
♦ Prepare Outreach Program
♦ Neighborhood Outreach/Issues&Options
♦ Newspaper Press Releases
♦ Project Applicant Coordination
Phase 2 Housing Element Update
♦ Background Information Collection/Research
♦ HCD/COG Coordination
2.1 Housing Element Research
♦ Team Meeting
2.2 Housing Background Report 8 Policy Development
♦ Staff Review of Draft Housing Element
♦ Team Meeting
Phase 3 Land Use/Circulation Element Update
♦ GIS Basemapping
3.1 Land Use Policies,Holding Cap,Analysis
♦ Staff Review of Analysis
3.2 Private Land Use Amendments Analysis
♦ PC/CC Review of LU Amendments DGP
3.3 Land Use Diagram Alternatives/Stats
♦ Refined LU Diagram/Stats
3.4 Draft General Plan
♦ Staff Review of Administrative Draft GP
❑ Hearing Draft GP
Phase 4 Environmental Review
4.1 EIR Scope/Project Description
4.2 Initial Study
4.3 Notice of Preparation
4.4 Traffic Analysis
4.5 Administrative Draft EIR
♦ Staff Review of ADEIR
♦ Public Noticing
4.6 Draft EIR
♦ Circulate DEIR(Local+Cleadnghouse)1 NOC
♦ PC/CC Review of DEIR
❑ Respond to Comments
4.7 Final EIR
❑ Statement of Overriding Considerations
❑ Mitigation Monitoring Program
Phase 5 Public Hearing and Final General Plan
5.1 Staff Report Assistance
♦ PC Staff Report/Resolutions
5.2 Planning Commission Hearings(2)
♦ CC Staff Report/Resolutions
♦ City Council Hearings(2)
5.3 Final General Plan/Notice of Determination
0000811
ITEM NUMBER: C-2
DATE: 01/11/2000
1918 ® 1979
CADS/
Atascadero City Council
City Manager's Office
Information Bulletin
A. Employee Update
Leia Larson Support Services Tech Hired 12/6/99
Frank Stone Temporary Bldg Inspector Hired 12/13/99
Cheryl Hosier Office Assistant III Hired 12/20/99
000085