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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 000001 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. g Amss\member\rid\budg001\dueslet1doc 2 000003 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. g Am ss\membe r\ri d\budg001\duesl a tl doc 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. g:\mss\member\iid\budg989\dues9899.xls 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. CC 11/23/99 000008 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] CC 11/23/99 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 CC 11/23/99 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 CC 11/23/99 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. CC 12/14/99 000026 Page 3 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. CC 12/14/99 0000128 Page 5 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 Page 6 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 Page 7 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 Page 8 000031 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] CC 12/14/99 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 CC 12/14/99 Page 10 000033 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. CC 12/14/99 Page 11 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 Page 12 000035 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 44 o a) ° ° Mo1 04 CO rd �( a >, 0 4-) a) p A c� 4 .r i �a .- bap ° o4 o cn a) -ri > :j -o m -,-) rd ra 4 0 0 Q 0 Ij > c/) � 44 4) 4a o or-j a) a) a) P44-) 'O •� � `� 04 >, ( � a) r $4 -P a) H a) 0 ri 44 r-i a) a) 4-) 0 (d r -ri a) a) -P 0 p IQ $4 4 -� P -N 0 o 0 •r� 1�, 0 4 B 0 H L U1 r-I 1�1 rd 4 U) $4 a) N H (d (d � r (d rtS r-1 a) M p •ri N N to -0 04 $4 b) 000041 Attachment: A Atascadero City Council Meeting Date: y�;,M ' U) N O LO -0 tll� � 0 O (C) LO : .. .. . .... ................................................... ..... �- ' O O OLO CDI L U , N • CD O C 3W � � CL c� W -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 \ Attachment: L HtdSCaf]eCp Cit Cour, - Meeting Date. . 1 4 g�: fy AQ6 l � I �9d d W 4r— C277y/� j. Ps OU(�US:s 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 a R Arainftib 'lde J.o' (hn.s'o n4110 3 p R G ,r. cllay • t. Y N.: ie !,tS,caI Nis,e _ D 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,} Eamon 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 mannon 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 larmon 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� larmon 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 marmon 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