HomeMy WebLinkAboutAgenda Packet 05/23/2000 AGENDA
ATASCADERO CITY COUNCIL MEETING
TUESDAY, MAY 239 2000
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
PLANNING COMMISSION INTERVIEWS: 5:15 P.M.
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Arrambide
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 June 12 & 13, 2000, "Special Olympics-Law Enforcement Torch
Run Days."
2. Proclamation declaring May 21 through May 27, 2000, "National Public Works Week."
i
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
future 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.)
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by
City staff and will be approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is desired by anyone, the
item will be removed from the consent calendar and will be considered in the listed
sequence with an opportunity for any member of the public to address the Council
concerning the item before action is taken.)
1. City Council Minutes—May 09, 2000
■ City Clerk recommendation: Council approve the City Council minutes of May 09,
2000 [City Clerk] •
2. Treasurer's Reports—October 1999—January 2000
■ City Treasurer recommendation: Council review and accept the Treasurer's Reports
for October 1999—January 2000[City Treasurer]
3. Transfer of Liquor License—7055 El Camino Real (Rite Aid)
■
Fiscal Impact: None
■ Staff recommendation: Council determine that the transfer of liquor license between
existing Rite Aid stores will serve public convenience [Community Development]
4. Weed Abatement—Awarding of Contractor Bid
■
Fiscal Impact: None
■ Staff recommendation: Council award contract to Jack R. Bridwell[Fire]
5. Participation in Regional Commercial Recycling Education Program
■
Fiscal Impact: None
■ Staff recommendation: Council adopt the draft Resolution, approving participation
in the regional commercial recycling education program [Public Works]
6. Portola Road Overlay Project—Project No. 98-07
■ Fiscal Impact: S316,491.03
■ Staff recommendation: Council accept the Portola Road Overlay Project as complete
and authorize the Administrative Services Director to release the project retention in •
the amount of$29,153.58 [Public Works]
2
i
B. PUBLIC HEARINGS:
1. Weed Abatement—Hearing of Objections
■ Fiscal Impact: None
■ Staff recommendation: Council hear and consider all objections and allow or
overrule any objections. Following the hearing, it is recommended the Council
authorize the Fire Chief to proceed and perform the work of abatement[Fire]
C. MANAGEMENT REPORTS:
1. Atascadero Masonic Temple/Printery Building Options
■ Fiscal Impact: Undetermined saving of staff time
■ Staff recommendation: Council direct staff to prepare the necessary agreements and
documents to return ownership of the Atascadero Masonic Temple/Printery Building
to the Atascadero Masonic Temple Association and to initiate the process to allow
retention of ownership of the George C. Beatie Skate Park [Community Services]
2. Information Bulletin
A. Atascadero Community Link
B. Employee Update
D. ATTORNEY REPORTS:
1. Request for Authorization to Retain the Services of Deborah J. Fox, of Fox and Sohagi,
LLP—for Services as Special Counsel Regarding Regulation of Adult Businesses
■ Fiscal Impact:
■ City Attorney recommendation: Council authorize the Mayor and the City Attorney
to execute the letter agreement with Fox and Sohagi,for the provision of services as
special counsel on issues relating to the regulation of adult businesses
E. COMMITTEE REPORTS:
(The following represent standing committees. Informative status reports will be given,
as felt necessary.):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
2. Finance 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. North County Homeless Coalition
3
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNMENT:
THE NEXT CITY COUNCIL REGULAR SESSION IS SCHEDULED ON JUNE 13, 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(not required)
• 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.
DATE: 05/23/2000
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1918 ® 1979
Atascadero City Council
Marcia McClure Torgerson, City Clerk
Planning Commission Interviews
RECOMMENDATION:
Council interview the (6)candidates and select,by ballot, one citizen for the Planning Commission.
DISCUSSION:
Background: Planning Commissioner Alfred Clark resigned on April 18, 2000. His term expires
in February 2001.
Summary: The City Clerk has solicited applications from the members of the public pursuant to
State Law. Six applications were received and interview times have been established for each
candidate. There are no additional applications in the Planning Commission pool that are
interested in being included in this current interview process. It has been verified by the City
Clerk's office that all of the applicants are residents and registered voters in the City of
Atascadero.
ATTACHMENTS: Alfred Clark's resignation
Interview Schedule
6 Applications
Reso.No. 23-97, Procedures for Selection of Commission Members
001
ORIGINAL
4-18-2000 RECWE
Mayor Ray Johnson APR 1 8 LUUU
City Council
City of Atascadero COibiPdUNITY DEVELOPPAENT
California-93422
RR .+
Re: Resignation a l5 Q
Planning Commission i
Atascadero Ca. 93422APR { 92000
CITY OF ATASCADERO
CITY CLERK'S OFFICE
Ray Johnson;
I would like to thank the City Council for the opportunity to have served on the Planning
Commission for the past three years. It has been an exciting and rewarding time to have
been on the Planning Commission. It is with great pride that I was able to be involved in
the General Plan Update, Redevelopment Plan approval, Smart Growth principles and •
many other projects that will benefit the City for years to come.
It is with much regret that I resign from my position as Planning Commissioner(vice-
chair). My work schedule is changing and will be demanding a lot more of my personal
time. And because of my family and community commitments, I will not be able to give
the Planning Commissioner position the time requirements it deserves.
So the April 18`h Planning Commission meeting will conclude my tenure as a Planning
Commissioner. I would like to acknowledge the Planning staff and the current and past
commissioner for their professionalism and concern for our community.
Sincerely;
Al ed Miles Clark 11
002
INTERVIEW SCHEDULE
Planning Commission
Tuesday, May 23, 2000, 5:15
5:20 Jonelle Norton
5:30 Terry Otis
5:40 Ron Sigler
5:50 Carol Ball
6:00 Mike Jackson
6:10 Joel Carson
6:20 COUNCIL VOTES
003
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Please return to: ,4
CITY CLERK .:.�+�
6500 Palma Avenue
Room 208 taro .ci ". 4' �s7s •,
Atascadero, CA 934229TA CAn-
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CITY OF ATASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the
exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to
verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for.
NAME: 'I_OnAf, 00y+nn
RESIDENTIAL /1
ADDRESS: 10000 670-rCe irO &CcHome Phone: !:tou - &o L/7
MAILING ADDRESS (if different): Work Phone: L91Q - Ltvd 3
Are you a resident of the City of Atascadero? - )Jeep How Long? 1 k y e&,,r-5
Are you a registered voter? Yes-K No ^^ Social Security No. 5-f- -,�1 - 4-73;-
OCCUPATION: �YOO-N0
EMPLOYMENT:
Present or Last employer's name, address and phone number:
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Position held and length of employment:
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EDUCATION:
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RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
REGISTRATION:
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1 !0.1 n Siree ' e?.r I ISS{ Co rn yva t 42e rn2t n 6e
This application and supplement are "public documents" and are available for review upon request. Applicants are advised
they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations.
Information will be provided by the City Clerk.
Board, Committee & Commission Application 004
Page 1
INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC
ORGANIZATIONS:
ee resume,
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON: ' 1
Yv1 .nS�►*t 2�� S� ee�i r,c,g C' f) vv%V-A t t
How did you learn about this vacancy? Newspaper Article Y- Newspaper Ad
Community Group Word of Mouth Library City Hall
Place of Employment Other (specify):
Please complete the attached supplemental questionnaire. Feel free to attach a resume or
other information about yourself.
I hereby certify, under penalty of perjury, that the information on this application and attached
supplement are true and correct.
Signature: Date:
Board, Committee & Commission Application
Page 2 005
1 ) Please explain why you would like to serve on the Planning
Commission.
1 have a strong interest in serving the City of Atascadero for the betterment of the
community. I would like to see continuity and respect for the general plan while striving to
maintain the exuberant quality of life here.
2) Have you ever attended a meeting of the Planning Commission? YES
3) What is it about the Planning Commission that interests you? What
qualities, experience and expertise would you bring to the Planning
Commission?
Because of my current involvement on the Main Street Steering Committee I have become
greatly interested in the General Plan of our City and the character of our community. For more
than 20 years I have been on the peripheral of building and have familiarity with building
plans, topography maps, grading plans, zoning ordinances and land uses. I have served on many
boards and committees including North County Leadership, Friends of the Library, Children's
Museum, PTA and local Chambers. This shows that I work well in groups, with committees, city
administration and the community at large.
4) In your view, what is the function of the Planning Commission?
The primary function of the planning commission is to advise and assist City Council in
promoting the orderly,development of the city. They serve as a liaison between citizens and City
Council. Under the General Plan, the commission has primary responsibility of maintaining the
plans and ordinances to guide future growth. The commission also serves as a sounding board for
City Council in matters related to development issues. They review applications for various
projects in the city. They serve as a catalyst by presenting new ideas and calling attention to
community problems or areas where policy direction is needed. Encourage reasonable and
consistent city planning, analyze local conditions and respond to problems concerning
community planning.
5) How would you see your role as a member of the Planning
Commission?
I feel the expectations for planning commission members are to attend regular planning
commission meetings. To be fair, honest, listen and do their homework. Participate in a
planning commission committee if needed. Review and make recommendations to City Council
on proposed amendments to the City's land development recommendations. Review and make
recommendations to City Council on street change requests. Review and make recommendations
to City Council on short- and long-range plans.
0
006
M6) What are the current issues facing the Planning Commission?
1) The downtown plan
2) Applying re-development
3) Managing growth
7) Are you familiar with the City's General Plan, and if so, describe
briefly your views about the document.
Yes, I have read the General Plan. The general plan (that is currently undergoing a re
write) is the City's well thought out plan that was formed with a lot of time, effort and
knowledge to pave the way for a formative direction for Atascadero. This plan should be used as
the basis of the decisions being made daily. This comprehensive document helps preserve the
positive aspects of our city.
8) If appointed, what specific goals would you like to see the planning
commission achieve?
I believe we are a re-active commission to solve problems and hear land use and zoning
issues.
I believe we are also here to preserve and encourage the current atmosphere of our
community.
1 believe we are here to adhere to the general plan and long term goals of the community.
I believe we are here to provide citizens with a fair and respectful hearing.
9) If there is additional information you would like to share about
yourself, please use the following space provided. (optional)
I have lived in the North County for 15 years, raising my children, forging friendship,
developing a career, and committing myself to my community. My grandparents, in-laws and
many of my extended family live here in Atascadero. My father in law Norman Norton was the
first Chairman of the Planning Commission and has encouraged me to get involved. We own a
business her in Atascadero and have long term plans to remain here.
I feel my diverse background and ability to communicate in a polished and knowledgeable manor
as well as my research experience will be useful to the commission.
I hereby certify that the foregoing information is true and correct.
Signature: Date:
007
Jonelle Norton
l0000 Garcero Road Voice(805) 461-4023
Atascadero, California 93422 Fax 805-466-4787
jonelle_norton@go.com www.callamer.com/—jonellen
HIGHLIGHTS OF QUALIFICATIONS
Excellent public relations skills and able to communicate in a polished knowledgeable and
spirited manor. Excel as a team leader/member and encourage an attitude of camaraderie
among co-workers. Work well independently, resourceful with exceptional organizational
skills. Computer trained and technology savvy. Self motivated, quick to pick up concepts and
information.
Marketing Public Relations Specialist -- 1995 to 1999
GST (formally Call America) -- Marketing Specialist for progressive Telecommunications Firm.
Designed and implemented Community Service Program working with more than 28o non-
profit organizations as cause related marketing. Developed and monitored budgets, designed
promotional aids, trained personnel and oversaw contractors which included graphic
designers, advertisers and promotional consultants. Arranged more than 5o Trade Shows
annually, many special events and speaking engagements. Worked to coordinate company
picnic, corporate parties as well as employee appreciation events and company sponsored teams
for Heart Walk, Hotline bowl-a-thon and Literacy Spelling Bee. Coordinated Chamber Mixers
with over 400 in attendance. Composed press releases, formulated media strategies, organized
calendar for advertising deadlines and made recommendations for targeting specific groups in
the community. Implemented creative promotional ideas, designed layout for fliers,brochures
and organized advertising details for business services.
Consultant: Marketing -- 19go to 1995
Pacific Gas and Electric Company -- Public Relations - Coordinated and conducted tours for
Diablo Canyon and Morro Bay Power Plants. Developed and packaged an educational program.
Keycard trained for conducting technical tours. Promoted to VIP Tour Coordinator, scheduled
tours, arranged hotels, meals, guest speakers, technical guides, group activities, travel and
auto reservations. Special Events Coordinator, arranging events including: "Family Day"
(over 600 people attended) "Scout Clinics" (involving more than 200 scouts). Community
relations events, Earth Day exhibitor, KCOY Kid's Day Fair, Harbor Festival, and workshops.
Developed and monitored budget, designed crafts, purchased supplies, trained personnel,
worked with sub-contracted advertisers, graphic designers, and food service groups. Promotion
and marketing of energy savings programs, and educational programs to local schools.
Speakers Bureau duties included, speaking engagements to audiences with as many as two
hundred, to such groups as Kiwanis clubs, AAUW, Republican Women's club, and special
school presentations. Participated in Emergency Planning Drill scenarios with the County.
Norman Norton Construction --Developed marketing plan,budget, advertising and
promotional aids. Designed brochure, submitted articles for print, ran weekly management
meetings, public relations duties. Coordinated: prayer breakfast, contractors network,building
seminar.
Traffic School Instructor-- 1988 to 1990
California Traffic School Licensed Instructor -- Staying current on information in the traffic
field, communicating a neutral feeling, keeping the class on a positive note. Intense
interaction with people of all ages/backgrounds. Performed all administrative tasks and
worked independently. 0
008
Sales Representative -- i98o-1985
Associated Circuits, Outside Sales/Marketing, East Bay, CA-- Successfully increased the
volume sales of East Bay territory from the lowest to highest producing area. Developed client
base, contacted new customers, serviced existing customers promoting sales. Increased client
base by developing ideas for creating business, analyzing marketing objectives and developing
strategies. In manufacturing learned all phases of product line, expedited orders, conducted
meetings, and performed liaison duties between customer and manufacturing.
r Education and Training
Business Management West Valley Jr. College, Saratoga, CA
Degree Program: Business Administration San Jose State University, San Jose, CA
John Robert Powers Institute: Two year program Public Relations, San Francisco, CA
Mission College Management Program, Certificate Management, Santa Clara, CA
Continuing Education California State Polytechnic University, San Luis Obispo, CA
Management Seminars - Fred Pryer San Luis Obispo, CA
Professional Affiliations
SOFTEC- software and technology group
AMA - American Management Association
North County Leadership Network
Women in Business
WITI -Women in Technology International
Awards and Accomplishments
North County Leadership Network Board of Directors 1999
Healthy Women Conference Committee Member 1996-1998
Technology Awards Chairman 1996 and 1997
Emerging Technology Committee Chairman 1997
Telecommute Committee Chairman - 1946-1999
Central California Woman's Conference spokesperson 1997
Electronic Village Conference chair 1996
Speaker for Cuesta College Business Technology 1996 -1998
Speaker for National Telecommute Day 1996
Local American Girl Club Facilitator - Mentor 1995-1998
San Luis Obispo Childrens Museum, Board of Directors 1994
Award of Service Boy Scouts of America - 1994
Award of Appreciation Kiwanis Club San Luis Obispo 1994
Honored as "Top Tour Guide" Diablo Canyon Power Plant 1992
Cultural Homestay Institute, participating homestay program 1990-99
Co-President of Childrens Home Society 1990
Board of Directors Friends of the Library-Atascadero 1989-1991
Founding Board Member Almond Country Quilters 1989
California Licensed Traffic School Instructor 1988
references available upon request
009
Please return to:
CITY CLERK �l�
6500 Palma Avenue
Room 208 '113 F
Atascadero, CA 93422 S '
, SCADS
CITY OF ATASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the
exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to
verification. Pleaserfill out and attach the Supplemental Questionnaire for the advisory body you are applying for.
f
NAME: ��� ( J OTIS
RESIDENTIAL 7
ADDRESS: �� J �t' /�1 W /V�,L _ Home Phone: q61 b(Uq
MAILING ADDRESS (if different): DDx �7 7 Work Phone:
r
Are you a resident of the City ofAt scadero? 4 — How Long? /114
Are you a registered voter? Yes-7 No Social Security No. _
OCCUPATION: I� V/J1�/%ISI iTD�/ 70
EMPLOYMENT:
Present or last employer's name, address and phone number:
-F S �r
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&�,%F���. S 6,)
Position held and len th of employment:
EDUCATION:
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RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
REGISTRATION:
/j'-21-2 tJOA t Z!� 7-)-
This application and supplement are "public documents" and are available for review upon request. Applicants are advised
they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations.
Information will be provided by the City Clerk.
Board, Committee & Commission Application 010
Page 1
INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL ANDiOR ACADEMIC
ORGANIZATIONS: M
&OMN)
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON:
How did you learn about this vacancy? NVspaper Article Newspaper Ad _
Community Group Word of Mouth Library City Hall
Place of Employment Other (specify):
Please complete the attached supplemental questionnaire. Feel free to attach a resume or
other information about yourself.
1 hereby certify, under penalty of perjury, that the information on this application and attached
supplement are true and correct.
Signature
Board, Committee & Commission Application
Page 2
oil
CITY OF ATASCADERO
SUPPLEMENTAL QUESTIONNAIRE
PLANNING COMMISSION
1. Please explain why you would like to serve on the Planning Commission
/A) .1-11F R,)A 5 O/L�
2. Have you ever attended a meeting of the Planning Commission? _Yes No
3. What is it about the Planning Commission that interests you? What qualities, experience
and expertise would you bring to the Planning Commi ion?
l /-96Q 1, WrL L 17'V)
-
4. In your vie , what is the function of the Planning Commission?
5. How would you see your role as a member of the Planning Commission?
0-
012
Supplemental Application
Planning Commission
. Page 2
6. What are the current issues facing the Planning Commission?
7. Are you familiar with the City's General Plan, and if so, describe briefly your views about
the document.
N�
•
8. If appointed, what specific goals would you like to see the Planning Commission achieve?
7%f-,4 i�1 1_z'�1 7Z2 ZEZ2 A) AA4e_�
/A) 1 1 ad&�
9. If there is additional information you would like to share about yourself, please use the
following space provided (optional).
I hereby certify that the foregoing information is true and correct.
Signature• � �w Date: �L ® 1 3
r
S. L(�
Please return to:
CITY CLERK s:9.. �a
6500 Palma Avenue �ir
Room 208 'ieia`.
Atascadero, CA 93422 CAD:
CITY OF ATASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the
exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to
verification. Plead'e fill out and attach the Supplemental Questionnaire for the advisory body you are applying for.
NAME:
RESIDENTIAL / /�` / /
ADDRESS: S F� �-�J _S CA ba ` �- Home Phone���� 607 apo
MAILING ADDRESS (if different): Work Phone,-� -3L-�-0
Are you a resident of the City of Atascadero? How Long? �h6
Are you a registered voter? Yes_ No_ Social Securit'y No. / 19 ?.=k—c2�- 'V \
OCCUPATION: �i�—z � � v /Jg 11ne-FZ /,u4-c i
EMPLOYMENT:
Present or last employer's name, address and phone number: _ 7�jo0r�
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Position held and length of employment:
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l JC,4 UVn,V, c� Ca/)r'f2ry..a, 45ei'e—') t�1a�it u Sc/ehc
RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
REGISTRATION:
Lo's an jl-s 6044d4a --y - 60
1 clo e 4 wol-&YnS wttl 4 i-c4
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i�Yp,p r aS Ca� ( �L1 to pti0S S
This application and supplemerit are public documen " and are available for review upon request. Applicants are advised
they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations.
Information will be provided by the City Clerk. 0
r4
Board, Committee & Commission Application U
Page 1
INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC
ORGANIZATIONS:
o�- / S �S
6av &J AJ
Sle" t1eWn119,1?
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON:
How did you learn about this vacancy? Newspaper Article t/ Newspaper Ad _
Community Group Word of Mouth Library City Hall
Place of Employment Other (specify):
Please complete the attached supplemental questionnaire. Feel free to attach a resume or
other information about yourself.
I hereby certify, under penalty of perjury, that the information on this application and attached
supplement are true and correct.
ILSignature: Date:—S/ -2 C O.
Board, Committee & Commission Application
Page 2 015
CITY OF ATASCADERO
SUPPLEMENTAL QUESTIONNAIRE
PLANNING COMMISSION
1. Please explain why you would like to serve on the Planning Commission.
1 Il Ove, ✓�/l?N/ vS /J/V-32 D/•1T_,
I'll —(7::d—
on
2. Have you ever attended a meeting of the Planning Commission? _Yes Z, No
3. What is it about the Planning Commission that interests you? What qualities, experience
and expertise would you bring to the Planning Commission?
la?7 271 n ,
4. In your view, what is the function of thePlanningCommission? •/
M'71.444a' 4(e_ �! T'�_ IS P ej-d e14-, �1 h Cchi S/G"'z
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5. How would you see your role as a member of the Planning Commission? p
1�1eQi /1 g Q 5
e.71'4 6L- , -
C�y &2
v16
Supplemental Application
Planning Commission
Page 2
6. What are the current issues facing the Planning Commission?
7. Are you familiar with the City's General Plan, and if so, describe briefly your views about
the document.
8. If appointed, what specific goals would you like to see the Planning Commission achieve?
9. If there is additional information you would like to share about yourself, please use the
following space provided (optional).
I hereby certify that the foregoing information is true and correct.
1a/0 V
Signature: Date:
E50 rCC..l//'o�
v
Please return to: / \
CITY CLERK aa:e ;. rc-
6500 Palma Avenue ^_ ; p�r
Room 208 t 191x.*: 1979^1•-1
Atascadero,CA 93422CAD
; �` i
CITY OF ATASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the
exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to
verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for.
NAME:
RESIDENTIAL
ADDRESS: / / r7/ >'��fi� �.1P � Home Phone:
MAILING ADDRESS (if different): Work Phone: 747�
Are you a resident of the City of Atascadero? How Long? / a—
Are you a registered voter? Yes_ No Social Security No.
OCCUPATION:
EMPLOYMENT:
Present or last employer's name,
�address
,and phone number: l
�?z
X-5
Position held and length of employment:
EDUCATION:
RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
RE ISTRATION:
This application and supplement are "public documents" and are available for review upon request. Applicants are advised
they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations.
Information will be provided by the City Clerk.
Board, Committee & Commission Application 018
Page 1
INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC
ORGANIZATIONS:
67
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON:
r
r
How did you learn about this vacancy? Newspaper Article Newspaper Ad _
Community Group Word of Mouth Library City Hall
Place of Employment Other (specify):
Please complete the attached supplemental questionnaire. Fee/ free to attach a resume or
other information about yourself.
I hereby certify, under penalty of perjury, that the information on this application and attached
supplement are true and correct.
Signature: � Date: LM /o; a4Gc�
Board, Committee & Commission Application 0 1 9
Page 2
CITY OF ATASCADERO
SUPPLEMENTAL QUESTIONNAIRE
PLANNING COMMISSION
1. Please explain why you would like to serve on the Planning Commission.
2. Hav ou ever attended a anWtg of t e Planning Commission? Yes No
3. What is it about the Planning Commission that interests you? What qualities, experience
and expertise would you bring to the Planning Commission?
9�- � .
4. In your viZ, what is the' fiction of the Planning Commission?
5. How would you see your role as a member of the Planning Commission?
G�� �.,���-°�G -�� ���r����2'�CG� �- �.✓ter _ �/ -
020
Supplemental Application
Planning Commission
Page 2
6. What are the current issues facing the Planning Commission?
61 V
7. Are you familiar with the City's General Plan, and if so, describe briefly your views about
the document.
8� ��2
f appointed, hat specific goals uld you like to see the Planning Commission achieve?
&ZA4
14&ed'lle let�11- zl�11-1
9. If there is additional information you would like to share about yourself, please use the
following space provided (optional).
—Acce— ZI/f
41/
—14-
Ih reby certif at the foregoing information is handco4rrec'l.oe
n
Signature. Date:
Sent By: DACOSSE & ASSOCIATES; �'.� 805 238 9085; May-12-00 3:39PM; Page 1
yleaas return to:
CITY CLERK
etioo Palms Avenue l 7
Room 208
Atascadero,CA 93422
CITY OF ATASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Pa Al : You must meat the nJnk w++ na quallfleatioof being a reglavared vater and reeldent of the City, wkh the
est: on of youth representatives WIN are not j"Of be
regia t ad Voterthe s. body Minimum a�i�o sdOn for0 subJect to
van atlon. Ptesae 191 out and_ h the S"PPhman
•
NAME:
RESIDENTIAL
ADDRESS Home Phone:
MAILING ADDRESS (if different):
Work Phone'.. ' O
Are you a resident of the City of e45/es How Long?
Are you a registered voter? Yes:, . No! Social Security No. 4B$
OCCUPATION:
EMPLOYMENT:
Present or last employer's name, address and phone number:
Position held and length of employment:
EDUCATION:
RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
REGISTRATION:
_ALF
_sI � • — I T�
This application and supplement we'public documents' and we available for review upon request. AppRants ars advised
they they be requested to fHe a Statement of Economic kuwast, pursuant to the fair Political ►racticaa reyulstlam.
Information will be provided by the CITY Clark.
Board, Committee & Commission Application ,
Page 1
022
Sent By: DACOSSE & ASSOCIATES; 805 238 9085; May-12-00 3:40PM; Page 2
IPIVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL ANOIOR ,ACADEMIC
ORGANIZATIONS:
L�
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON:
How did you learn about this vacency7 Newspaper Article >- Newspaper Ad
Community Group Word of Mouth
,),Q-
Library Y i
all
Place of Employment— Other (specify).
P/aaae complete the attached supplemental quesdonaalre. fed free to attache resume or
other lnformadOn about yourself.
1 hereby certify, under penalty of par}ury, that the information on this application and attached
supplement are true and corr ct.
Date:
Signature,
Board, Committee 19 Commission Application
Page 2
023
Sent By: DACOSSE & ASSOCIATES; 805 238 9085; May-12-00 3:40PM; Page 3/4
CITY OF ATASCADERO
SUPPLEMENTAL QUESTIONNAIRE
PLANNING O I t
Please explain why you would like to serve on the Planning Commission.
2. Have you ever ettended a meeting of the Planning Commission? LoYes _No
3. ft)Whet is it about the Planning Commission that interests you? What qualities, experience
and expertise would you bring to the Planning Commission?
O
Sly
pevP(.2 !� s � wfT44 f�o�✓f
4. In your view, what is the function of the Planning Commission? f
5. How would you seg your role �9- e member of the Planning C mmissiont
i
024
Sent By: DACOSSE & ASSOCIATES; 805 238 9085; May-12-00 3:40PM; Page 4/4
Supplemental Application
Planning Commission
Page 2
6. Whet ars he current issues facing the Pla Hing Commission?
w G L
j.
7. Are you familiar with the City's General Plan, and if so, describe briefly your views about
the document.
S. If appointed, what specific 90813 woul you like to see the Planning Commission achieve?
9. If there is additional information you would like to share about yourself, please use the
following space provided (optional).
C-0 Aft AS
r •
1 hereby certify that the f regoi informa ion Is true and correct. C
signature: Date: l
025
Cv' 10
D
Please return to:CITY
RK
6500 Palma Avenue
Room 208 t leas CITY Of ATAMERO
Atascadero, CA 93422 CITY CLERKS OFFICE
,.�ascAn� .
CITY OF ATASCADERO
BOARD, COMMITTEE & COMMISSION APPLICATION
Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the
exception of youth representatives.who are not required to be registered voters. Minimum qualifications are subject to
verification. Pleaserfill out and attach the Supplemental Questionnaire for the advisory body you are applying for.
rt
NAME: �c� � �XIl��eo
RESIDENTIAL
ADDRESS: U �� J�N (�A++�' �E� �� Home Phone: 62--
MAILING ADDRESS (if different): Work Phone:
Are you a resident of the City of Atascadero? X G`; How Long? y p.e5
Are you a registered voter? Yeses No Social Security No. O Y/-000
OCCUPATION: /ViC711-,J76rA-J gNGC Sir �VlS 2
EMPLOYMENT:
Present or last employer's name, address and phone number:
Z Al.
1-'�-
Position held and length of�employment:
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EDUCATION:
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RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL
REGISTRATION:
J� Zr�C,R/(Z4-A.?01-15 , SNE//1Zc�N—
f
This application and supplement are "public documents" and are available for review upon request. Applicants are advised
they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations.
Information will be provided by the City Clerk.
Board, Committee & Commission Application ®h 6
Page 1
INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC
ORGANIZATIONS:
�N Li-�� �A�PecN? i4 G/?lG-E` fnJ�d L,.��1� iN S DCS d C e�e12
�it,�'E_ �y %N T✓� �"C/T�12 <)X 1",Y ?4 CA-W
OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY SERVING
ON:
How did you learn about this vacancy? Newspaper Article 0 Newspaper Ad _
Community Group Word of Mouth Library City Hall
Place of Employment Other (specify):
Please complete the attached supplemental questionnaire. Feel free to attach a resume or
other information about yourself.
I hereby certify, under penalty of perjury, that the information on this application and attached
supplement are true and correct.
Signature: /` Date: d�U�
Board, Committee & Commission Application
Page 2 G 2'7
CITY OF ATASCADERO
SUPPLEMENTAL QUESTIONNAIRE
PLANNING COMMISSION
1. Please explain why you would like to serve on the Planning Commission.
si.rE��
s
SSlJ�4fF tic'l 09L.0 0 C ""r
2. Have you ever attended a meeting of the Planning Commission? _ Yes Flo
3. What is it about the Planning Commission that interests you? What qualities, experience
and expertise would you bring to the Planning Commission?
�'/�1 c�r7 C i.�/✓GE 6sz �'.� � o'� C,eo", /►?eD,v� j��G���,�i sr�rv.�
4. In your view, what is the function of the Planning Commission?
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5. How would you see your role as a member of the Planning Commission?
CZ 4_4-�-D f"o/.
-28
Supplemental Application
Planning Commission
Page 2
6. What are the current issues facing the Planning Commission?
01
__t��o/�'% �/�'C�TS C%T�v t.�+7.�r /�I��/�����2.,� �O?J� �'?/9/J✓T�.(J/��/t..Z;
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7. Are you familiar with the City's General Plan, and if so, describe briefly your views about
the document.
8. If appointed, what specific goals would you like to see the Planning Commission achieve?
e�'✓� ���'-�'��ie� r9 r yrs ���c= ���-�--,o �c� � �i✓�v� ������
A4!CS .+ 2t`� 7Z) /' /'�'�G.lr1✓f+"+� /fir
9. If there is additional information you would like to share about yourself, please use the
following space provided (optional).
I hereby certify that the foregoing information is true and correct.
029Signature: --� Dater/f��dy
RESOLUTION NO. 23-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR
THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS
WHEREAS, 1. The Atascadero City Council recognizes that citizen
participation in local government .plays an important and active role in the City of
Atascadero; and
WHEREAS, 2. The Atascadero City Council has established committees,
commissions and boards to assist in the conduct of municipal affairs; and
WHEREAS, 3. The Atascadero City Council did adopt Resolution No. 35-81
on November 9, 1981 establishing selection procedures for committees, commissions
and boards; and
WHEREAS, 4. The Atascadero City Council did adopt Resolution No. 23-95
revising Resolution 35-81, establishing selection procedures for committees,
commissions and boards; and
WHEREAS, 5. The Atascadero City Council desires to update and revise said
selection procedures; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of .
Atascadero as follows:
SECTION 1. Purpose. The purpose of this resolution is to revise established
procedures for the Council to follow in recruiting, selecting and appointing members to
City committees, commissions and boards created pursuant to statute or by action of
the City Council. Appointments and replacements will be made pursuant to the
provisions of Government Code Section 54970 et seq., and the following.
SECTION 2. Recruitment Nomination, and Eligibility. . Announcements of
openings for any committee, commission or board to which members are appointed by
the City Council will be coordinated by the City Clerk. Any person, desiring to be
considered for appointment to any City committee, commission or board may complete
an application provided by the City Clerk. Applications are accepted year-round and
shall remain on file for a period of one year from the date received. Applicants may be
considered for future vacancies, for the specific committee, commission or board for
which they applied, should a vacancy occur during the year. At any regularly
scheduled or a special council meeting properly noticed for that purpose, any member
of the City Council may also nominate a person to be considered for appointment to
any City committee, commission or board.
030
Resolution 23-97 -
Page Two .
All applicants and nominees shall be a resident and registered voter of the City
of Atascadero, and shall meet any announced additional criteria as established by the
City Council. All appointees are subject to financial disclosure, pursuant to the Political
Reform Act.
SECTION 3. Ifiterviews. All applicant and nominees meeting the criteria established in
Section 2 may be interviewed by the City Council during a properly noticed meeting.
Interviews, if held, will be open to the public.
SECTION 4. Selection.
a. Council members will vote for the candidate(s) of their choice by placing
their name and circling the name of their selection(s) on a ballot form
provided by the City Clerk. Candidates' names will be placed in
alphabetical order on the ballot form.
b. After the City Council has had an opportunity to make its individual
determination, the City Clerk will collect the ballots and will announce first
the Councilmember's name and second the name(s) of the candidate(s) of
that Councilmember's choice(s). Results of each individual
Councilmember vote will be a matter of public record.
C. The candidate or candidates receiving a majority of the votes of the
Councilmembers present shall be appointed. In the event that no
candidate or candidates receive a majority vote or in the event of a tie
vote, then a run-off ballot or ballots will be cast, following the procedure
of sub-paragraph a. above. The run-off candidates will consist of all
candidates receiving at least two (2) votes and if not more than one of the
candidates have received at least two (2) votes, then all those receiving
at least one (1) vote will participate in the runoff balloting. This procedure
shall be continued until a majority vote is cast, or until a majority of the
council votes to reopen nomination. In such event the matter may be
tabled until the next regularly scheduled council meeting for further
nominations.
On motion by Councilperson Lerno , seconded by Councilperson Carden ,
the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Councilmembers Carden, Clay, Lerno and Mayor Johnson
NOES: Councilman Luna
ABSENT: None
ADOPTED: April 8, 1997 031
Resolution 23-97
Page Three
ATTEST: CITY O ATASCADERO
BY: .. /-
"7`
MARCIA M. TORGERsIbN, City Clerk RAY JorSO4, Ma or
V
lV
ROY HANLEY, ity Attrney
032
"SPECIAL OLYMPICS-LAW ENFORCEMENT TORCH RUN DAYS"
JUNE 12 & 13, 2000
WHEREAS, each year Law Enforcement officers join together to run the
Special Olympics torch throughout San Luis Obispo County; and
WHEREAS, hundreds of thousands of law enforcement Officers give their
time to protect'our communities every day; and
WHEREAS, hundreds of thousands of athletes participate in Special
Olympics activities annually; and
WHEREAS, the efforts of countless volunteers make Special Olympics
possible; and
WHEREAS, this year is the 31S`Anniversary of Special Olympics of San Luis
Obispo County; and
WHEREAS, on June 12 and June 13, 2000, law enforcement officers will
carry the Special Olympics torch throughout San Luis Obispo County and send it on
its way down to California State University at Long Beach to open the Special
Olympics of Southern California Summer Games; and
WHEREAS, at this year's meet, many of our area's finest young people and
adults will be competing in a variety of sports, enjoying the athletic competition and
learning the importance of "doing one's best" in a spirit of sportsmanship;
NOW, THEREFORE, BE IT RESOLVED that as Mayor of the City of
Atascadero, and on behalf of the City Council, I do hereby proclaim June 12 & 13,
2000 as "SPECIAL OLYMPICS-LAW ENFORCEMENT TORCH RUN DAYS" in
Atascadero and. acknowledge the hard work of the event organizers and
congratulate the athletes and officers on their accomplishments.
In the City of Atascadero, California thi Td f May, in the year two
thousand. Z
Ray Jo nso , ayo
City o Atascadero
033
"National Public Works Week"
May 21-2 7, 2000
WHEREAS,public works services provided in our community are an integral
part of our citizens everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as water, sewers,
streets and highways,public buildings, and solid waste collection; and
WHEREAS, the health, safety and comfort of this community greatly depends
on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the peoples' attitude and
understanding of the importance of the work they perform,
NOW, THEREFORE, I, Ray Johnson, Mayor of the City of Atascadero, do
hereby proclaim the week of May 21" through May 27h as "National Public Works
Week" and I call upon all citizens and civic organizations to acquaint themselves
with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety,
comfort, and quality of life.
"v ,,
City fAtascader , CA
May 23, 2000
0
034
ITEM NUMBER: A-1
DATE: 05/23/2000
MINUTES
n
1978
ATASCADERO CITY COUNCIL MEETING
TUESDAY, MAY 099 2000
7:00 P.M.
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 Barger
2. Conference with labor negotiator(Govt. Code Sec. 54957.6)
Agency Negotiator: City Manager
Employee organizations: Department Heads, Mid-Management/Professional,
Confidential, Atascadero Fire Captains, Atascadero Firefighters, Service
Employees Intl. Union Local 620, Atascadero Police Assoc.
City Attorney Roy Hanley announced there was no action taken during Closed Session.
However, the Council would be returning to Closed Session at the conclusion of the Regular
Session.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:10 p.m. and 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, Assistant City Manager Brady Cherry, Public Works
Director Steve Kahn, Administrative Services Director Rachelle Rickard,
Community and Economic Development Director Paul Saldafia,
Community Services Manager Geoff English, Compliance Officer Phil
Dunsmore, Public Works Technician Valerie Humphrey and City
Attorney Roy Hanley
035
APPROVAL OF AGENDA:
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve the agenda.
Motion passed 5:0 by a roll-call vote.
PRESENTATIONS:
1. Service recognition for Alfred Clark
Mayor Johnson announced that Al Clark was receiving a plaque for his service on the Planning
Commission from June of 1997 until April of 2000.
2. Employee Service Awards
Awards were give to Delma Mendes, Brian Dana, Claudia Collier, Paula Anton, Mike Walsh,
Geoff English, Scott Satterwaite, David Bushor, John Couch, John Hutchins, Tom Jamason,
Steve Sandeffer, Joe Dominguez, and Fred Motlo for five, ten, and fifteen years of service to the
City of Atascadero. Claudia Collier and Fred Motlo were unable to attend and will receive their
awards at a later date.
Council Member Clay announced that he attended the Loyalty Day Program on April 29, 2000 at
the Atascadero Lake on behalf of Mayor Johnson. He explained the proceedings at the program
and presented an American flag from the program to City Manager Wade McKinney. He asked
that the flag be flown at City Hall.
COMMUNITY FORUM:
Raymond K. Jansen, 6655 Country Club Drive, stated that he received a four-page mailing from
the City that he feels contained no valuable information. He then read portions of an article
regarding safe school, safe communities, and he gave each of the Council Members a copy for
their review.
Daphne Fahsing, 5105 Llano Road, stated the recent mailing from the City was not sent to
residents who have post office boxes. Mayor Johnson directed staff to look into correcting this
problem.
Mayor Johnson closed the Public Comment period.
COUNCIL ANNOUNCEMENT AND REPORTS:
Council Member Luna shared information about the issue of cable lines being hung from utility
poles in his neighborhood. He explained the neighborhood will be coming to the Council to
address the issue. City Attorney Roy Hanley stated that he will be attending the meeting at the
library where the neighborhood will be meeting with Charter Communications regarding this
matter.
CC 05/09/00
Page 2 036
A. CONSENT CALENDAR:
1. City Council Minutes—April 13, 2000
■ City Clerk recommendation: Council approve the City Council minutes of April 13,
2000 [City Clerk]
2. City Council Minutes—April 25, 2000
■ City Clerk recommendation: Council approve the City Council minutes of April 25,
2000 [City Clerk]
3. Robles Avenue Four Unit PD-7 Overlay—Zone Change 99007 (N.W.C. Robles Avenue
& Sombrilla Avenue/ Shores)
■
Fiscal Impact: Negligible
■ Staff recommendation: Council introduce the Draft Ordinance,for second reading
by title only, to approve Zone Change 99007 [Community& Economic
Development]
4. Authorization to Purchase Transit Vehicle—from State Department of General Services
■ Fiscal Impact: $55,000 (80%funded through a Section 5311 Grant and 20%funded
through TDA funds)
■ Staff recommendation: Council authorize the State Department of General Services
to purchase a 22 passenger accessible bus for the City of Atascadero [Public Works]
Eric Greening, 6600 Lewis Ave., pulled Item 4A-4.
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve Items #A-1, A-2, and A-3.
Motion passed 5:0 by a roll-call vote.
Re: Item #A-3: The Ordinance number will be #373.
RE: Item #A-4: Eric Greening, 6600 Lewis Ave., expressed concern that the bus be equipped
with a cord for passengers to notify the driver when they want to get off the bus. Public Works
Director Steve Kahn responded, saying that he will look into the issue.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Clay to approve Item#A-4.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. Nuisance Abatement Hearing—3755 Monterey Road (Richardson)—Code Enforcement
Case 499107
■
Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution, thereby ordering nuisance
abatement at 3755 Monterey [Community & Economic Development]
Community and Economic Development Director Paul Saldana gave the staff report and
answered questions of Council.
CC 05/09/00
Page 037
PUBLIC COMMENT
Benning Richardson, 3755 Monterey Road, stated he feels this hearing is in violation of the
Atascadero Municipal Code because too much time has passed since the City's notice to him.
Mayor Johnson asked the City Attorney to explain the City's position. Mr. Hanley stated that
records show that a time extension was requested and granted, thus the Council still has
jurisdiction over the matter. He also stated that this is a civil proceeding not a criminal
proceeding, and it is his opinion that a court would agree that this hearing is legitimate.
There was lengthy discussion between Mr. Richardson and the Council with Mr. Richardson
expressing concerns about the process being followed for this hearing.
Mr. Richardson requested that if the hearing is to proceed he would like the witnesses to be
sworn in.
Mayor Johnson called a recess from 7.45— 7.54 p.m.
City Attorney Roy Hanley explained that if the Council chose to use sworn testimony, they could
have Mr. Saldana swear that everything he said previously is the truth and the documents
presented in the staff report are true and accurate copies of documents delivered to the City.
Mayor Johnson asked the City Clerk to swear in Mr. Saldana. Mr. Saldana was sworn in by the
City Clerk.
Mr. Richardson continued to claim that this hearing was not being conducted appropriately.
Council Member Clay asked Mr. Richardson if he has any intention to clean up his property. Mr.
Richardson stated that everything on his property is legal.
Mayor Johnson requested several times of Mr. Richardson to present evidence showing that his
property is in compliance with the Code.
Mr. Richardson stated he needed table space and time to sort out his evidence.
Mayor Johnson continued this item to after Item #B-2.
2. Nuisance Abatement Hearing— 8400 San Gabriel (Maxine Hill)—Code Enforcement
Case#99039
■ Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution, thereby ordering nuisance
abatement at 8400 San Gabriel [Community& Economic Development]
Community and Economic Development Director Paul Saldana gave the staff report and
answered questions of Council.
CC 05/09/00 038
Page 4
PUBLIC COMMENT
Richard Hill, 8400 San Gabriel, spoke for his mother, Maxine Hill. Mr. Hill explained the
history of his property and its use over the years. He stated that his family stores items to avoid
filling the landfills. Mr. Hill also said that his family's way of life is simple, and they have been
there long before the City was incorporated. He explained when the City incorporated, they
grandfathered in his family's way of life; therefore, the City's ordinances do not apply to them.
Mayor Johnson asked the City Attorney to comment on"grandfathering." City Attorney Roy
Hanley stated that there is no such thing as a lifestyle grandfather rule.
Council Member Scalise asked about the unsanitary living environment. Mr. Dunsmore
explained that there is a large quantity of storage items, materials, cats and animals housed very
close to the residential unit. He clarified that the issue before them tonight is the excessive
storage.
Mayor Johnson closed the Public Comment period
Council Member Clay asked Mr. Hill how long his family has owned the property. Mr.
Richardson responded, 35 years.
Council Member Luna asked how many non-operating vehicles are on the property. Mr. Saldaiia
stated that there were three at the time of the site investigation.
Mr. Hill responded that currently there is only one non-operating vehicle on the property.
Council Member Luna stated that he feels he could adopt the draft Resolution.
Mayor Johnson said that his inclination is to work with a property owner that is willing to work
with the City. But he feels that he is hearing a property owner that chooses not to work with the
City.
Council Member Clay stated that he would like to give Mr. Hill a time extension.
Mr. Hill stated that it would be impossible for him to clean up his property in 30 days. He
explained that he would have to stop working for at least four to six months to even begin to
clear his property of the storage. He said it would be impossible. Also, Mr. Hill stated that the
City is claiming the items he is storing are of no value and that is not true.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem
Arrambide to Council adopt draft Resolution, thereby ordering
nuisance abatement at 8400 San Gabriel.
Motion failed 2:3 by a roll-call vote.
(Clay, Scalise, and Johnson opposed)
MOTION: By Council Member Scalise and seconded by Council Member to Clay
to adopt draft Resolution, thereby ordering nuisance abatement at
8400 San Gabriel changing the 30 days allowed for abatement to 90
days.
Motion passed 5:0 by a roll-call vote.
CC 05/09/00 G- 3 9
Page 5
The Resolution number will be 92000-014.
There was Council consensus for staff to work with the Respondent with regard to mitigation
of the property.
Mayor Johnson called a recess from 8:35-8:45 p.m.
CONTINUATION OF ITEM#B-1
Mr. Saldana stated, for the record, that the date of service for the second notice was April 11,
2000.
Mr. Richardson asked to be sworn in. Mr. Richardson was sworn in by the City Clerk.
Mr. Richardson submitted six (6)photographs into the record for Council review.
Mr. Richardson asked for clarification on several items referred to in the staff report. There was
lengthy Council discussion with Mr. Richardson.
PUBLIC COMMENT
Dorothy McNeil, 8765 Sierra Vista, stated that the Council had seen two cases tonight of why
the Council should never give unlimited time to any speakers.
Mayor Johnson closed the Public Comment period
MOTION: By Council Member Scalise and seconded by Mayor Pro Tem
Arrambide to adopt draft Resolution, thereby ordering nuisance
abatement at 3755 Monterey changing the date of service from "April
6" to "April 11."
Motion passed 4:1 by a roll-call vote. (Clay opposed)
The Resolution number will be 92000-015.
C. MANAGEMENT REPORTS:
1. Strategic Planning
■ Fiscal Impact: Individual impacts will be reported with any future recommendation.
■ Staff recommendation: Council adopt an Atascadero Vision Statement and Action
Plans for the coming year. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council. The
Council reviewed the vision statements and action plans and made suggestions for amendments.
Council Member Luna showed the Council a revised version on the Council's Vision. The only
changes in the document were grammar changes.
Page 605/09/00 040
40
Mayor Pro Tem Arrambide and Council Member Scalise expressed support for the direction the
vision statements and action plans were going.
Council Member Luna expressed some concern with the diversified housing vision. He
suggested that the action plan for diversified housing mix including affordable housing,
apartments, and a homeless shelter. He also stated that he would like to see more regarding his
concern for the environment.
The Council reviewed and discussed the Action Plans.
PUBLIC COMMENT
John McGoff, 9192 Maple St., encouraged the Council to require in-progress reviews.
John McNeil, 8765 Sierra Vista, suggested a growth limitation program, an architectural review
program, and creek improvement program. He commented that our vision seems to be out of
focus with our practices.
Dorothy McNeil, 8765 Sierra Vista, stated she agrees with Mayor Johnson that the role of the
Council is to provide services for youth but not to specify what those services should be. She
expressed several concerns with various Actions Plans.
David Graham, City Treasurer, suggested the Council add to the neighborhood preservation
action plan the enforcement of Conditional Use Permits (CUP).
Council Member Luna asked about the enforcement of a CUP. Mr. Saldana stated that plan
checks are conducted and should be approved prior to occupancy.
Council Member Scalise commented that she is very interested in the swimming complex issue
with regard to the plans for the Youth Center.
Mayor Johnson closed the Public Comment periost
There was Council consensus to have staff continue to work on the vision statements and
action plans and bring them back to Council.
2. Proposed 805 Area Code Split or Overlay
■ Fiscal Impact: Negative
■ Staff recommendation: Council authorize Mayor to send letter to the California
Public Utilities Commission supporting Alternative #IA which would retain the 805
area code in Santa Barbara and San Luis Obispo counties. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
There was no Public Comment.
CC 05/09/00
Page 7 U 4 1
MOTION: By Council Member Luna and seconded by Council Member Scalise
to authorize to a Resolution letter to the California Public Utilities
Commission supporting Alternative#1A which would retain the 805
area code in Santa Barbara and San Luis Obispo counties.
Motion passed 5:0 by a roll-call vote.
The Resolution number will be#2000-016.
3. Information Bulletin
A. General Plan Status Report
B. Joint City Council's Meeting
C. Employee Update
The Council received the Information Bulletin.
Council Member Luna commented that the e-mail address for the General Plan Update had a
typo.
D. COMMITTEE REPORTS:
Water Committees
Council Member Clay reported there was a presentation on State water. He stated that several
years ago the San Luis Obispo County took about 5,000 acre feet of State water and in 1992
neglected to increase the pipe size by two inches for the additional 17,000 acre feet. He stated
that at some point, we may have to go back and redo the project. Council Member Luna stated,
for the record, that he has a different opinion.
Integrated Waste Management Authority
Council Member Luna announced that they will meet tomorrow. He also commented that 10
years ago Coca-Cola claimed that they would use recyclable plastic in their bottles; however,
they failed to follow through. IWMA then began the "Send the bottle back" campaign which
resulted in Coca-Cola promising to use 10-25% recycling in their bottle production.
Air Pollution Control District
Mayor Johnson stated that there was a joint meeting with SLOCOG, but he had nothing to report.
County Mayor's Round Table
Mayor Johnson announced that they meet this Friday. He encouraged anyone to contact him if
they have a subject they would like to see addressed.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
CC 05/09/00
Page 8 U
3. City Clerk
a. Appointment of Ex-Officio Youth Representative on the Parks and Recreation
Commission
City Clerk Marcia McClure Torgerson announced that only one application was received for the
position and asked that Council give her direction.
Council Member Clay stated that the Planning Commission would be fortunate to'have Michell
Kim serve as the student representative.
MOTION: By Council Member Clay and seconded by Council Member Scalise to
appoint Michell Kim to the Youth Representative position.
Motion passed 5:0 by a roll-call vote.
4. City Treasurer
City Treasurer David Graham cautioned the Council about opening attachments with regard to
the recent"I Love You" computer virus.
F. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 10:40 p.m. to continue the Closed Session.
MEETING RECORDED BY AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
Melanie Whaley, Deputy City Clerk
CC 05/09/00
Page 9 4 3
ITEM NUMBER: A-2
DATE: 05/23/2000
I
Xri ' p 19"79
I
Atascadero City Council
David G. Graham, EA, City Treasurer
City Treasurer's Agenda Reports
RECOMMENDATION:
City Council approve the City Treasurer's reports for the following periods:
October 1999
November 1999
December 1999
January 2000
DISCUSSION:
Current Market Conditions:
Interest rates continue to rise as the "Feds" react to an over stimulated economy by raising the
discount rate. Economists are predicting an aggressive .50% raise in the discount rate when the
Fed Open Market Committee meets on May 16". We continue to experience an inverted yield
curve with 2 year bond yields of 6.82% and 5 year yields at only 6.76%.
Investment Strategy:
Rising rates and an inverted yield curve call for short term maturities (<2 years) to avoid a
portfolio of investments which under perform the market.
Rising interest rates increase business risk and will eventually affect municipal revenues if
sustained for a significant period of time. This makes management of maturities a crucial
criterion for the future.
Optimum investment opportunities for the near future continues to be varying maturities of fully
FDIC insured, negotiable, certificates of deposit.
As upward pressure on interest rates subsides, longer maturities and investment opportunities in
other fixed rate instruments should be considered.
044
i
n
1918 1979
� SCA]
City Treasurer's Agenda Report
David Graham
Treasurer's Report - October 1999
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the October 1999
Treasurer's Report
REPORT IN BRIEF:
Cash and Investments
Checking $ 444,136
Certificates of Deposit 2,144,450
Government Securities 747,425
LAIF 7,098,136
Cash with Fiscal Agents 163,059
Cash in Banks at October 31, 1999 $ 10,597,206
Deposits in Transit -
Outstanding Checks (266,144)
Cash and Investments at October 31, 1999 $ 10,331,062
FISCAL IMPACT: None
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Investment Report
Graphs:
Investment by Type
Investment by Maturity
Investment by Holding Agency is
045
Page 1 of 8
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF OCTOBER 1999
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
October 1, 1999 $ 481,506 $ 9,799,032 $ 162,378 $ 10,442,916
Receipts 823,174 112,486 681 936,341
Disbursements (782,051) - (782,051)
Transfers In 210,000 288,493 498,493
Transfers Out (288,493) (210,000) (498,493)
Balance per Banks at
October 31, 1999 $ 444,136 $ 9,990,011 $ 163,059 10,597,206
Deposits in Transit -
Outstanding Checks (266,144)
Adjusted Treasurer's Balance $ 10,331,062
046
Page 2 of 8
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Investments by Type
October 1999
Government Cash with
Securities Fiscal Agent
7% 2%
Certificates +,+
of Deposit
21% +;+
Sy
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70%
Investment October 1999
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$ 10,153,070
Page 6of8 QJQ
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1918 1879
City Treasurer's Agenda Report
David Graham
Treasurer's Report - November 1999
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the November 1999
Treasurer's Report
REPORT IN BRIEF:
Cash and Investments
Checking $ 221,657
Certificates of Deposit 2,908,922
Government Securities 747,425
LAIF 6,553,136
Cash with Fiscal Agents 163,730
Cash in Banks at November 30, 1999 $ 10,594,870
Deposits in Transit
Outstanding Checks (243,178)
Cash and Investments at November 30, 1999 $ 10,351,692
FISCAL IMPACT: None
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Investment Report
Graphs:
Investment by Type
Investment by Maturity
Investment by Holding Agency
053
Page 1 of 8
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF NOVEMBER 1999
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
November 1, 1999 $ 444,136 $ 9,990,011 $ 163,059 $ 10,597,206
Receipts 951,385 671 952,056
Disbursements (954,392) (954,392)
Transfers In 545,000 764,472 1,309,472
Transfers Out (764,472) (545,000) (1,309,472)
Balance per Banks at
November 30, 1999 $ 221,657 $ 10,209,483 $ 163,730 10,594,870
Deposits in Transit _
Outstanding Checks (243,178)
Adjusted Treasurer's Balance $ 10,351,692
054
Page 2 of 8
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City of Atascadero
Investments by Type
November 1999
Government Cash with
Securities Fiscal Agent
7% 2%
Certificates �++
of Deposit
28
++
YJ
LAIF
63%
Investment November 1999
LAIF $ 6,553,136
Certificates of Deposit 2,908,922
Government Securities 747,425
Cash with Fiscal Agent 163,730
$ 10,373,213
Page 6 of 8
City of Atascadero
Investments by Maturity
November 1999
One to Five Years
19%
One Month to ++
OneYear Ye
7
nNEE
On Demand
64%
Investment November 1999
On Demand $ 6,553,136
Within One Month -
One Month to One Year 1,766,430
One to Five Years 1,889,917
$ 10,209,483
Page 7 of 8 G 5 9
City of Atascadero
Investments by Holding Agency
November 1999
Penson
Financial Corp. Correspondent
21% Services Corp.
9%
City of Riverway
Atascadero Trust
1% 4% Bank of
New York
2%
++�?,*�+*#*r��+#+F+�i�,*t+,*i+s�*+?+++++a*},*f+,*t+a*+++
State of California
63%
Investment November 1999
State of California $ 6,553,136
City of Atascadero 146,154
Penson Financial Corp. 2,183,537
Correspondent Services Corp. 953,494
Riverway Trust 378,740
Bank of New York 158,152
$ 10,373,213
666
Page 8 of 8
R
1918 , 1979
h,
AT�S� l
City Treasurer's Agenda Report
David Graham
Treasurer's Report - December 1999
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the December 1999
Treasurer's Report
REPORT IN BRIEF:
Cash and Investments
Checking $ 141,639
Certificates of Deposit 3,003,922
Government Securities 990,405
LAIF 7,233,136
Cash with Fiscal Agents 164,351
Cash in Banks at December 31, 1999 $ 11,533,453
Deposits in Transit 1,420
Outstanding Checks (240,654)
Cash and Investments at December 31, 1999 $ 11,294,219
FISCAL IMPACT: None
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Investment Report
Graphs:
Investment by Type
Investment by Maturity
Investment by Holding Agency
661
Page 1 of 9
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF DECEMBER 1999
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
December 1, 1999 $ 221,657 $ 10,209,483 $ 163,730 $ 10,594,870
Receipts 2,719,288 621 2,719,909
Disbursements (1,781,326) (1,781,326)
Transfers In 760,000 1,777,980 2,537,980
Transfers Out (1,777,980) (760,000) (2,537,980)
Balance per Banks at
December 31, 1999 $ 141,639 $ 11,227,463 $ 164,351 11,533,453
Deposits in Transit 1,420
Outstanding Checks (240,654)
Adjusted Treasurer's Balance $ 11,294,219
G, 62
Page 2 of 9
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City of Atascadero
Investments by Type
December 1999
Government
Securities Cash with
Certificates 9% Fiscal Agent
of Deposit 1%
26% a
m
LAIF
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Investment December 1999
LAIF $ 7,233,136
Certificates of Deposit 3,003,922
Government Securities 990,405
Cash with Fiscal Agent 164,351
$ 11,391,814
667
Page 7 of 9
City of Atascadero
Investments by Maturity
December 1999
One to Five Years
18%
One Month to
One Year +
+
17%
+
On Demand
64%
Investment December 1999
On Demand $ 7,233,136
Within One Month -
One Month to One Year 2,009,410
One to Five Years 1,984,917
$ 11,227,463
Page 8 of 9 G u s
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1919 19 9
CAD��/
City Treasurer's Agenda Report
David Graham
Treasurer's Report - January 2000
RECOMMENDATION:
City Treasurer and Staff recommend that Council review and accept the January 2000
Treasurer's Report
REPORT IN BRIEF:
Cash and Investments
Checking $ 24,803
Certificates of Deposit 3,198,811
Government Securities 1,233,435
LAIF 6,642,178
Cash with Fiscal Agents 165,064
Cash in Banks at January 31, 2000 $ 11,264,291
Deposits in Transit -
Outstanding Checks (73,591)
Cash and Investments at January 31, 2000 $ 11,190,700
FISCAL IMPACT: None
RESPONSIBLE DEPARTMENT: Finance
ATTACHMENTS: Cash and Investments Activity Summary
Investment Report
Graphs:
Investment by Type
Investment by Maturity
is Investment by Holding Agency
U70
Page I of 9
CITY OF ATASCADERO
TREASURER'S REPORT
CASH&INVESTMENTS ACTIVITY SUMMARY
FOR THE MONTH OF JANUARY 2000
CHECKING FISCAL
ACCOUNT INVESTMENTS AGENT TOTALS
Balance per Banks at
January 1, 2000 $ 141,639 $ 11,227,463 $ 164,351 $ 11,533,453
Receipts 791,003 94,931 713 886,647
Disbursements (1,155,809) (1,155,809)
Transfers In 685,000 437,030 1,122,030
Transfers Out (437,030) (685,000) (1,122,030)
Balance per Banks at
January 31, 2000 $ 24,803 $ 11,074,424 $ 165,064 11,264,291
Deposits in Transit
Outstanding Checks (73,591)
Adjusted Treasurer's Balance $ 11,190,700
0
G71
Page 2 of 9
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City of Atascadero
Investments by Type
January 2000
Government
Securities Cash with
11% Fiscal Agent
1%
Certificates
of Deposit
28% +#t
t
t �
t�
t tt t
LAIF
60%
Investment January 2000
LAIF $ 6,642,178
Certificates of Deposit 3,198,811
Government Securities 1,233,435
Cash with Fiscal Agent 165,064
$ 11,239,488
Page 7 of 9 076
City of Atascadero
Investments by Maturity
January 2000
One Month to One Year
16% One to Five Years
22%
Within
One Month
3%
On Demand
59%
Investment January 2000
On Demand $ 6,642,178
Within One Month 289,000
One Month to One Year 1,721,299
One to Five Years 2,421,947
$ 11,074,424
Page 8 of 9 07 7
City of Atascadero
Investments by Holding Agency
January 2000
Penson
Financial Corp. Wexford Securities*
24% 11%
Riverway
Trust
City of 3%
Atascader Bank of
1% New York
+ ++++ ++++++++*+O+
1%
. .a'-'• ++'0+�++++++'++++tom+++++++++++++4
State of California
60%
Investment January 2000
State of California $ 6,642,178
City of Atascadero 147,121
Penson Financial Corp. 2,715,517
Wexford Securities* 1,196,524
Riverway Trust 378,740
Bank of New York 159,408
$ 11,239,488
* Formerly Correspondent Services Corp.
Page 9 of 9 G-.7 8
ITEM NUMBER: A-3
oil DATE: 05/23/2000
1918 ' is
Atascadero City Council
Staff Report - Community Development Department
Transfer of Liquor License
7055 El Camino Real (Rite Aid)
RECOMMENDATION:
Council determine that transfer of liquor license between existing Rite Aid stores will serve public
convenience.
DISCUSSION:
The Vons shopping center located at the 7000 block of El Camino Real currently contains two Rite
Aid stores. One Rite Aid store at 7055 El Camino Real holds a beer & wine license while the other
store at 7125 El Camino Real contains a full liquor license. Rite Aid is beginning the process to
consolidate into one store location and would like to transfer their current liquor license to the
permanent store location at 7055 El Camino Real (closer to Hwy 41).
Section 23958.4 of the Alcoholic Beverage Control Act requires the local governing body of the area
to determine that the license transfer will serve public convenience or necessity. This process is only
required when it is found that "Undue Concentration" of liquor licenses exists within the area. In this
case the Department of Alcoholic Beverage Control has determined that there is an undue
concentration of liquor licenses within the area and that a determination from the local governing
body (City Council) will be required.
In conclusion, transfer of the license will not create an additional liquor license, it will only allow the
movement of the license between two existing stores. Therefore, the transfer will continue to serve
public convenience or necessity.
FISCAL IMPACT: None
ATTACHMENTS:
None
079
ITEM NUMBER: A-4
DATE: 05/23/2000
1918 9 1976
Atascadero City Council
Staff Report - Fire Department
Weed Abatement—Awarding of Contractor Bid
RECOMMENDATION:
Council award the weed abatement contract to Jack R. Bridwell.
DISCUSSION:
A legal notice, inviting sealed bids, was printed in the Atascadero News on April 5 and 12, 2000.
The one bid received for the weed abatement contract was opened on Thursday, May 2, 2000.
See attached bid summary.
Staff recommends awarding the bid to Jack R. Bridwell.
FISCAL IMPACT:
None. Funds are budgeted annually to cover the costs of the weed abatement program, and fees
are recovered through assessments on property tax bills of those parcels abated.
ALTERNATIVES:
Council can reject the bids and re-bid the contract. This alternative is not recommended because
it would not allow the appropriate time to enter assessments on the 2000-2001 tax roll.
ATTACHMENTS:
Legal Notice: Inviting Sealed Bids
Contractor Bid Summary
Agreement for Services of Contractor—Proposed Contract
080
01
p CITY OF A,TAS CADERO
1918 G Q ^" 1979
—� FIRE DEPARTMENT
NOTICE INVITING SEALED BIDS
FOR VEGETATIVE GROWTH AND/OR REFUSE ABATEMENT
Notice is hereby given that sealed bids will be received by the City Clerk at
the Administration Building, located at 6500 Palma, Atascadero, California, until
2:00 p.m. on Tuesday, May 2, 2000. At that time, received bids will be opened
and read for the public project hereinafter described.
This contract is to begin June 1, 2000 and ends May 31, 2001.
The project will consist of cutting noxious or flammable vegetation and / or
i
removal of material (i.e. tree branches, rubbish, refuse, and other waste materials)
identified upon parcels within in the city that are in violation of the city's vegetative
growth, refuse, or code compliance programs.
All bids are to be submitted on forms, provided by the City of Atascadero,
Fire Department, 6005 Lewis Avenue, Atascadero, CA 94322.
Michael P. McCain
Fire Chief
6005 LEWIS AVENUE • ATASCADERO,CA 93422 • (805)461-5070 . FAX(805)466-2907 081
0
City oAtascadero,
Office of the City Clerk
BID SUMMARY
TO: Mike McCain, Fire Chief
FROM: Marcia McClure Torgerson, City Clerk
BID NO.: 2000-03
OPENED: 5/2/00 2:00 p.m.
PROJECT: Weed Abatement
(1) Bid was received and opened today, as follows:
Bidder Tractor Hand Hauling
Mowing Work
Jack R. Bridwell $25 per '/2 hr. $60 per ''/z hr. Small $20.00
11600 Viejo Camino Med. $25.00
Atascadero, CA 93422 Lg. $35.00
X-Lg. $50.00
Attachment: 1 bid
082
CITY OF ATAS CADERO
1918 A !, 1
FIRE DEPARTMENT
WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES OF CONTRACTOR
PROPOSED CONTRACT
This agreement is made upon the date of execution, as set forth below, by and between
Jack R. Bridwell, a weed abatement contractor, hereinafter referred to as "Contractor", and the
City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The
parties hereto, in consideration of the mutual covenants.contained herein, hereby agree to the
following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERM: This agreement will become effective on the date of execution set forth
below, and will continue in effect until May 31, 2001, or is terminated as
provided herein.
1.02 SERVICES TO BE PERFORMED BY CONTRACTOR: Contractor agrees to
perform or provide the services specified in "Description of Services" attached
hereto as "Exhibit A" hereby incorporated herein.
Contractor shall determine the method, details and means of performing the
above-referenced services.
Contractor may, at Contractor's own expense, employ such assistants, as
Contractor deems necessary to perform the services required of Contractor by this
agreement. City may not control, direct or supervise Contractor's assistants or
employees in the performance of those services.
1.03 COMPENSATION: In consideration for the services to be performed by
Contractor, City agrees to pay Contractor the consideration set forth in the
amounts and under the terms provided in "Exhibit B", hereby incorporated herein.
033
6005 LEWIS AVENUE ATASCADERO,CA 93422 (805)461-5070 FAX(805)466-2907
2.00 OBLIGATIONS OF CONTRACTOR
2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor agrees
to devote the hours necessary to perform the services set forth in this agreement in
an efficient and effective manner. Contractor may represent, perform services for
and be employed by additional individuals or entities, in Contractor's sole
discretion, as long as the performance of these extra-contractual services does not
interfere with or present a conflict with City's business.
2.02 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools
and instrumentalities to perform the services under this agreement except those
listed in "Tools and instrumentalities provided by City" attached hereto as
"Exhibit C" and hereby incorporated herein.
2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS:
City and Contractor intend and agree that Contractor is an independent contractor
of City and agrees that Contractor and Contractor's employees and agents have no
right to worker's compensation and other employee benefits. If any worker
insurance protection is desired, Contractor agrees to provide worker's
compensation and other employee benefits, where required by law, for
Contractor's employees and agents. Contractor agrees to hold harmless and
indemnify City for any and all claims arising out of any claim for injury,
disability, or death of any Contractor and Contractor's employees or agents.
2.04 INDEMNIFICATION. Contractor hereby agrees to, and shall, hold City, it's
elective and appointive boards, officers, agents and employees, harmless and shall
defend the same from any liability for damage or claims for damage, or suits or
actions at law or in equity which may allegedly arise from Contractor's or any of
Contractor's employees' or agents' operations under this agreement, whether such
operations be by Contractor or by any one or more persons directly or indirectly
employed by, or action as agent for, Contractor; provided as follows:
a. That the City does not, and shall not, waive any rights against Contractor
which it may have by reason of the aforesaid hold-harmless agreement,
because of the acceptance by City, or the deposit with City by Contractor,
of any of the insurance policies hereinafter described.
b. That the aforesaid hold-harmless agreement by Contractor shall apply to
all damages and claims for damages of every kind suffered, or alleged to
have been suffered, by reason of any of the aforesaid operations of
Contractor or any agent or employee of Contractor regardless of whether
or not such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
2 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT
03- 4
2.05 INSURANCE. Contractor shall not commence work under this contract until
s/he shall have obtained all insurance required under this section and such
insurance shall have been approved by City as to form, amount and carrier:
a. Public Liability and Property Damage Insurance.
Contractor shall take out and maintain during the life of this contract such
public liability and property damage insurance as shall protect City, its
elective an appointive boards, officers, agents and .employees, and
Contractor and any agents and employees performing work covered by
this contract from claims for damages for personal injury, including death,
as well as from claims for property damage which may arise from
Contractor's or any subcontractor's operations under this contract, whether
such operations be by Contractor or by anyone directly or indirectly
employed by Contractor, and the amounts of such insurance shall be as
follows:
(1) Public Liability Insurance.
In an amount not less than $1,000,000 for injuries, including, but
not limited to death, to any one person and, subject to the same
limit for each person, in an amount not less than $500,000 on
account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than $500,000 for damage to the property
of each person on account of any one occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of$500,000 for each person in any
one accident and $1,000,000 for injuries sustained by two or more
persons in any one accident. Property damage liability of
$500,000 for each accident.
(4) Worker's Compensation Insurance.
In the amounts required by law as set forth in Section 2.03 above.
b. DEDUCTIBLES AND SELF-INSURED RETENTIONS:
Any deductible or self-insured retention must be declared to, and approved
by, the City. The City may require that either the insurer reduce or
eliminate such deductibles or self-insured retentions as respects the City,
its elected or appointed officials, employees, agents or volunteers; or the
contractor shall procure a bond guaranteeing payment of all losses, and
related investigation, claims administration and legal expenses.
3 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT 085
C. PROOF OF INSURANCE.
Contractor shall fiirnish City, concurrently with the execution hereof, with
satisfactory proof of carriage of the insurance required, and adequate legal
assurance that each carrier will give City at least thirty (30) days' prior
notice of the cancellation of any policy during the effective period of this
contract. The certificate or policy of liability insurance shall name City as
an additional insured with the Contractor.
2.06 REMEDY FOR CONTRACTOR'S ERRORS
Contractor agrees to reimburse the City in a period of up to one year for errors that he
creates in either the billing or work process. Upon identification that an error was made
on the contractor's part, the abatement officer shall present the documentation, which
explains the error to the contractor for reimbursement. The contractor shall provide
reimbursement within 7 days of notification by the abatement officer for his portion of
the abatement fee, plus the County fee for billing.
3.00 OBLIGATIONS OF CITY
3.01 COOPERATION: City agrees to comply with all reasonable requests of
Contractor necessary to the performance of Contractor's duties under this
agreement.
3.02 PLACE OF WORK: City agrees to furnish space for use by Contractor while
performing the services described in this agreement only as set forth in "Exhibit
D", hereby incorporated herein. Any work space requirements not set forth in
"Exhibit D" shall be the responsibility of Contractor, and Contractor may use
alternate space for performing described services.
4.00 TERMINATION OF AGREEMENT
4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this
agreement, any party hereto may terminate this agreement, at any time, without
cause by giving at least thirty (30) days prior written notice to the other parties to
this agreement.
4 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT 0 ,36
Q6
4.02 TERMINATION OF OCCURRENCE OF STATED EVENTS:
This agreement shall terminate automatically on the occurrence of any of the
following events:
(1) Bankruptcy or insolvency of any party;
(2) Sale of the business of any party;
(3) Death of any party;
(4) The end of the thirty (3 0) days as set forth in Section 4.01;
(5) End of the contract to which Contractor's services were necessary; or
(6) Assignment of this agreement by Contractor without the consent of the City.
4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR:
Should any party default in the performance of this agreement or materially
breach of any of its provisions, a non-breaching party, at their option, may
terminate this agreement, immediately, by giving written notice of termination to
the breaching party.
4.04 TERMINATION: This Agreement shall terminate on May 31, 2001 unless
extended as set forth in this section. The City, with the agreement of Contractor,
is authorized to extend the term of this Agreement beyond the termination date, as
needed, under the same terms and conditions set forth in this Agreement. Any
such extension shall be in writing and be an amendment to this Agreement. The
condition of this contract is to abate those properties as identified and presented
for City Council action on April 25, 2000 and work is to be completed prior to
July 21, 2000. Any subsequent abatable properties discovered after July 21, 2000,
will be forwarded to the contractor within the one year contract window.
5.00 SPECIAL PROVISIONS
None
6.00 MISCELLANEOUS
6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but
shall be cumulative with, and in addition to, all remedies now or hereafter allowed
by law or equity.
6.02 NO WAIVER: The waiver of any breach by any party of any provision of this
agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of this agreement.
6.03 ASSIGNMENT: This agreement is specifically not assignable by Contractor to
any person or entity. Any assignment or attempt to assign by Contractor, whether
it be voluntary or involuntary, by operation of law or otherwise, is void and is a
material breach of this agreement giving rise to a right to terminate as set forth in
Section 4.03.
5 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT
037
6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between
i the parties hereto, arising out of or related to this agreement, or the breach thereof,
the prevailing party shall be entitled, in addition to other such relief as may be
granted, to a reasonable sum as and for attorney fees.
6.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in
this agreement, should the performance of any act required by this agreement to
be performed by either party be prevented or delayed by reason by any act of
God, strike, lockout, labor trouble, inability to secure materials, or any other cause
except financial inability not the fault of the party required to perform the act, the
time for performance of the act will be extended for a period of time equivalent to
the period of delay and performance of the act during the period of delay will be
excused; provided, however, that nothing contained in this Section shall exclude
the prompt payment by either party as required by this agreement or the
performance of any act rendered difficult or impossible solely because of the
financial condition of the party required to perform the act.
6.06 NOTICES: Except as otherwise expressly provided by law, any and all notices
or other communications required or permitted by this agreement or by law to be
served on or given to any party to this agreement shall be in writing and shall be
deemed duly served and given when personally delivered or in lieu of such
personal service when deposited in the United States mail, first-class postage
prepaid to the following address for each respective party:
PARTY ADDRESS
A. CITY OF ATASCADERO 6500 Palma Avenue
Atascadero, CA 93422
Attention: Fire Dept.
B. Jack R. Bridwell 11600 Viejo Camino
Contractor Atascadero, CA 93422
6.07 GOVERNING LAW: This agreement and all matters relating to this agreement
shall be governed by the laws of the State of California in force at the time any
need for the interpretation of this agreement or any decision or holding
concerning this agreement arises.
6.08 BINDING EFFECT: This agreement shall be bidding on and shall insure to the
benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto, but nothing in this Section shall be construed as a consent by City
to any assignment of this agreement or any interest in this agreement.
6 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT QQ
Lf�Q
6.09 SEVERABILITY: Should any provision of this agreement be held by a court of
competent jurisdiction or by a legislative or rulemaking act to be either invalid,
void or unenforceable, the remaining provisions of this agreement shall remain in
full force and effect,unimpaired by the holding, legislation or rule.
6.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and
entire agreement between the parties with respect to the subject matter hereof.
This agreement correctly sets forth the obligations of the parties hereto to each
other as of the date of this agreement. All agreements or representations
respecting the subject matter of this agreement not expressly set forth or referred
to in this agreement are null and void.
6.11 TIME: Time is expressly declared to be of the essence of this agreement.
6.12 DUE AUTHORITY: The parties hereby represent that the individuals executing
this agreement are expressly authorized to do so on and in behalf of the parties.
6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have
their counsel review this agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting shall not apply in the
interpretation of this agreement or any amendments or exhibits thereto. The
captions of the sections are for convenience and reference only, and are not
intended to be construed to define or limit the provisions to which they relate.
6.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall
g g
be made only with the mutual written consent of all of the parties to this
agreement.
7 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT n
Executed on May 23, 2000 , at Atascadero, California.
ATTEST: CITY OF ATASCADERO
By:
MARCIA M. TORGERSON RAY JOHNSON
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR:
By:
ROY A. HANLEY JACK R. BRIDWELL
City Attorney Contractor
APPROVED AS TO CONTENT:
RACHELLE RICKARD
Administrative Services Director
8 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT V 9 V
EXHIBIT A
PROFESSIONAL SERVICES TO BE
PERFORMED BY CONTRACTOR
Contractor agrees to complete the project consisting of destroying vegetative growth
(noxious or dangerous weeds) or other flammable materials found upon or in certain lots and
lands in the City of Atascadero, and the removal of tree branches, refuse and other waste
materials, including clearance of drainage ditches as required by weed abatement regulations.
9 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT V 1
EXHIBIT B
CONSIDERATION FOR SERVICES
Bid No. 2000-03, as follows:
Mowing large parcels (one acre or more) by tractor with operator, shall be the rate of
$25.00 per %2 hour, with the minimum time per job on any parcel or lot to be one-half
hour.
Hand work (weed-eater) on small lots or lots not accessible with a tractor, the cost shall
be $60.00 per 1/2 hour (entire 4-person crew), with the minimum time per job on any
parcel or lot to be one-half hour.
Hauling of debris from parcels to the landfill, the cost shall be $20.00 per small load,
$25.00 per medium load, $35.00 per large load, and $50.00 per x-large load.
The contractor shall provide a camera and all the color film necessary, so as to take
sufficient pictures of each lot to be abated before and after work is completed. Each
picture shall be identified by parcel number with an easel or dry erase board in the
photo with the appropriate APN indicated. The APN indicated on the board must be
clearly visible for payment. Additionally, all photos are to include items to be removed,
including weeds, refuse, appliances, or any other abatable material, as directed in the
contractor's work order. Before and after photos shall be taken from the exact place
and direction, so as to include significant and identifiable landmarks, as defined by
the Fire Chief or his representative. All photos are to be organized and mounted on
pages supplied by the city, submitted along with the completed worksheets with all
billable time entered by the contractor, and delivered to the fire department's
administrative office as each map book is completed during the weed abatement process.
As proof of work performed, the contractor is responsible for all costs incurred to
generate the photos.
Payment for the contractor is provided by fiscal year (July 1 to June 30), following City's
approval. Therefore, all work completed during the period from the June 7 through June
30, is to be submitted to the Fire Department's administrative office by July 1, and the
period of July 1 through July 21 is to be submitted no later than July 24,2000.
Safety equipment to be provided as required by the City of Atascadero - Fire Department.
Each towing and/or crew vehicle shall have installed on board one 2AlOBC fire
extinguisher and two round point shovels. Each tractor shall have installed on board one
2 1/2 gallon water extinguisher and one 2AIOBC fire extinguisher.
10 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT 92
EXHIBIT C
TOOLS AND INSTRUMENTALITIES
PROVIDED BY CITY
1) Map books
2) Work orders
3) Street marking
i
11 WEED ABATEMENT PROGRAM
AGREEMENT FOR SERVICES 2000-2001
PROPOSED CONTRACT rf 9 3
ITEM NUMBER: A—5
;oil 8:1 e ® DATE: 05/23/2000
191$ A � 1978
�ASCADF,Rp/
Atascadero City Council
Staff Report - Public Works Department
Participation in Regional Commercial Recycling Education Program
RECOMMENDATION:
Council approve the Draft Resolution, approving participation in the regional commercial
recycling education program.
BACKGROUND:
Last year the California Bottle Bill was modified by Senate Bill 332. This bill added several new
types of containers which will require deposit. For example plastic water bottles are now
Value list of containers.
included in the California Redemption e
Another change with SB 332 was the inclusion of a block grant program to cities and counties.
The funding provided to each jurisdiction is based on population with a minimum amount of
$5,000 per year. This funding must be used on either beverage container recycling or litter
control.
The San Luis Obispo County Integrated Waste Management Authority (IWMA) held a meeting
with staff from the member jurisdictions to discuss how to use these funds. The consensus from
the meeting was to establish a commercial (including multi-family housing and schools)
recycling education program. A representative from the local recycling program would meet
with the commercial establishments to either start or expand the recycling program. The IWMA
would enter into the necessary contracts with the local recycling companies to implement this
program. In addition the IWMA would apply for the funds and manage the grant.
The commercial recycling program was presented to the IWMA Board at the March 8 meeting.
At the meeting the Board approved the program. Regional funding is expected to be about
$70,000 per year.
Attached is the resolution required by the California Department of Conservation. After
approving this resolution, the IWMA will be able to apply for the grant funding.
FISCAL IMPACT:
DRAFT RESOLUTION
RESOLUTION OF THE COUNCIL OF THE
CITY OF ATASCADERO AUTHORIZING THE INTEGRATED WASTE
MANAGEMENT AUTHORITY TO APPLY FOR GRANT FUNDS FOR
THE REGIONAL COMMERCIAL RECYCLING EDUCATION
PROGRAM
WHEREAS, the people of the State of California have enacted the California Beverage
Container Recycling and Litter Reduction Act that provides funds to cities and counties for
beverage container recycling and litter cleanup activities; and
WHEREAS, the California Department of Conservation's Division of Recycling has been
delegated the responsibility for the administration of the program within the State, setting up
necessary procedures for cities and counties or their designees under the program; and
WHEREAS, per Section 14581 (a)(4)(E) of the California Beverage Container Recycling and
Litter Reduction Act, the eligible participant must submit the Funding Request Form by the due
date and time in order to request funds from the Department of Conservation's Division of
Recycling.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero authorizes the San Luis
Obispo County Integrated Waste Management Authority to submit the Funding Request form to
the Department of Conservation's Division of Recycling on its behalf. The Manager of the San
Luis Obispo County Integrated Waste Management Authority, is hereby authorized and
empowered to execute in the name of the City of Atascadero all necessary forms hereto for the
purposes of securing payment to implement and carry out the purposes specified in Section
14581 (a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, and
provide information regarding this program to the Division upon request. The San Luis Obispo
County Integrated Waste Management Authority will be the responsible party to provide records
to the Division should an audit be performed.
On motion by Council Member , seconded by Council Member
the following Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
i��7
ITEM NUMBER: A-6
DATE: 05/23/2000
v
19Y8 a ® 197979
t
Atascadero City Council
Staff Report - Public Works Department
Portola Road Overlay Project
Project No. 98-07
RECOMMENDATION:
Council accept the Portola Road Overlay Project as complete and authorize the Administrative
Services Director to release the project retention in the amount of$29,153.58.
DISCUSSION:
On September 14, 1999, Council authorized the execution of an agreement with A.J. Diani
Construction, Inc. to construct the Portola Road Overlay Project. Contract Change Order No. 1
was issued on this project and adjustments were made to unit quantities, bringing the total
contract price to $291,535.78.
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 following tables summarize the project construction funding and expenditures.
CONSTRUCTION FUNDING
State Transportation Improvement Program(STIP) $215,000.00
Local Transportation Funds(LTF) $89,600.00
Surface Transportation Program(STP) $14,000.00
TOTAL CONSTRUCTION FUNDING $318,600.00
099
ITEM NUMBER: A-6
DATE: 05/23/2000
CONSTRUCTION EXPENDITURES
Construction $291,535.78
Contract Administration,Construction Engineering and Inspection $24,955.25
TOTAL CONSTRUCTION EXPENDITURES $316,491.03
ATTACHMENTS: Notice of Completion
100
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 March 24, 2000.
6. The work done was the Portola Road Overlay Project(City Bid No. 98-07).
7. The name of the contractor who performed such work of improvement was A.J. Diani Construction
Company, 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 Atascadero
C:\windows\TEMP\Notice of Completion.doc 101
ITEM NUMBER: B-1
DATE: 05/23/2000
Asin
1918 � 1978
d.
Atascadero City Council
Staff Report - Fire Department
Weed Abatement—Hearing of Objections
RECOMMENDATION:
Council hear and consider all objections to the proposed removal of vegetative growth, and/or
refuse and allow or overrule any objections. Following the hearing, it is recommended the
Council authorize the Fire Chief to proceed and perform the work of abatement.
DISCUSSION:
As part of the weed abatement process, the Council is required to hear objections to the proposed
removal of vegetative growth and/or refuse. This hearing allows any affected property owner to
object to the proposed abatement of hazards on his/her property.
FISCAL IMPACT:
Costs involved in administering this program are recovered throught the 100% administrative fee
charged to parcels abated by the City Contractor.
ALTERNATIVES:
No alternative is recommended.
ATTACHMENTS:
Resolution No. 2000-009
102
RESOLUTION NO. 2000-009
RESOLUTION OF THE COUNCIL FOR THE CITY OF ATASCADERO
DECLARING VEGETATIVE GROWTH AND/OR REFUSE A PUBLIC
NUISANCE, COMMENCING PROCEEDINGS FOR THE ABATEMENT
OF SAID NUISANCES, AND PLACING ALL ABATEMENT FEES ON
THE SAN LUIS OBISPO COUNTY SPECIAL TAX ASSESSMENT FOR
THE FISCAL YEAR 2000-2001 TAX ROLL
The City. Council of the City of Atascadero, County of San Luis Obispo, State of
California, DO HEREBY RESOLVE as follows:
SECTION 1. That vegetative growth and/or refuse are a public nuisance and hereby declare to
be such for the reasons that vegetative growth may attain such a large growth as to become a fire
menace and/or drainage restriction, when mature, and said refuse may become a public nuisance,
thereby creating a hazard to public health.
The City Council of the City of Atascadero finds and declares that vegetative growth and/or
refuse on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and
recurrent nuisances shall be abated in accordance with the provisions of City and State laws. No
further hearings need to be held, and it shall be sufficient to mail a post card notice to the owner
of the property as their address appears upon the current assessment roll.
SECTION 2. A description of the parcels of lots of private property upon which, or in front of
which, said nuisances exist, according to the official Assessment Map of said City of Atascadero,
shall be posted annually in the office of the City Clerk and referred to as Exhibit A (Vegetative
Growth) and Exhibit B (Refuse).
SECTION 3. The City Clerk or designee is hereby ordered and directed to mail written notices
of the proposed abatement to all persons owning property described in accordance with Section
6-13.08 of the Atascadero Municipal Code.
SECTION 4. Pursuant to Section 6-13.10 of the Atascadero Municipal Code, the City Council
shall hear and consider all objections or protests to the required removal of said vegetative
growth and/or refuse. The City Clerk shall post a copy of the public hearing notice in
accordance with the Ralph M. Brown Act.
SECTION 5. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the owner does
not abate the hazard, it will be abated by the city contractor. The cost of abatement, 100%
administrative fee, and county fee will be assessed upon the county property tax bill, and
constitute a lien upon such land until paid.
103
City of Atascadero
Resolution No.2000-009
Page 2
r
On motion by Council Member Arrambide and seconded by Council Member Clay, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson
NOES: None
ABSENT: None
ADOPTED: April 25, 2000
ATTEST: CCOF TA A ERO
B
MARCIA M. TORGERSO , City Clerk ON Mayor
APPROVED AS TO FORM:
(kl� j�i7' z -
R . HANLE�, City fitorney
104
ITEM NUMBER: C-1
DATE: 05/23/2000
is i ® 1-97-9
Atascadero City Council
Staff Report - Community Services Department
Masonic Temple/Printery Building Options
RECOMMENDATION:
Council direct staff to prepare the necessary agreements and documents to return ownership of
the Atascadero Masonic Temple/Printery building to the Atascadero Masonic Temple
Association and to initiate the process to allow retention of ownership of the George C. Beatie
Skate Park.
DISCUSSION:
In a letter dated February 24, 2000, the Atascadero Masonic Temple Association requested a
decision from the City of Atascadero regarding intentions for future occupancy of the Atascadero
Masonic Temple/ Printery Building. Specifically, the Masonic Temple Association posed the
following question:
"Since the City is focusing on a"new" location for the Youth Center, does the City intend
to continue our joint occupancy agreement after the new center is occupied? If so, how?"
The City of Atascadero and the Atascadero Masonic Temple Association share ownership and
occupancy of the historic Printery building since 1994, when the Atascadero Masonic Temple
Association donated 99% ownership to the City of Atascadero. The donation contemplated the
building being renovated for the purposes of a Youth Center. Despite considerable optimism at
the onset, efforts to renovate the Masonic Temple building have not gone far.
The original cost estimate to retrofit the building to current earthquake standards and ADA
accessibility were inaccurate. The anticipated cost of approximately $500,000 was increased to
approximately $975,000 (in 1996 dollars) by the project architect. Fund-raising by the
Atascadero Recreation Center Committee (ARCC) has generated some money to assist the City
in making some minor physical improvements, but is still far from their original goal of
$500,000.00. In addition, the City of Atascadero has used CDBG funds to purchase seismic
retrofit plans, asbestos removal and some electrical up-grades. Due to the slow progress at the
current fund-raising efforts and the realization that fund-raising for the total project cost of
approximately $975,000.00 will take many years, the City Council decided to abandon efforts to
107
ITEM NUMBER: C-1
DATE: 05/23/2000
renovate the Masonic Temple/Printery building. On Tuesday, December 14, 1999, the City
Council directed staff to pursue efforts to build a Youth/Community Center on an alternative site.
While the issue of building a Youth/Community Center was addressed, retention of ownership
and occupancy of the Masonic Temple building was not decided. The Atascadero Masonic
Temple Association would like to know the City's intentions regarding long-term ownership and
occupancy of the Masonic Temple/Printery building
Listed below are advantages and disadvantages to the City's retention of ninety-nine percent
ownership of the Masonic Temple Building, and continued observance of the Joint Occupancy
Agreement between the City of Atascadero and the Atascadero Masonic Temple Association.
Advantages:
a. Retention of ownership of the Masonic Temple building allows the City
continued use for special events and meetings. At least two community groups,
the Youth Task Force and ARCC currently use the Dining Room for their
monthly meetings. On occasion, City staff has used this space for meeting
purposes. In addition, the Friday Variety Night Program has been using the
building to offer a Teen Drop-in Recreation program on Friday evenings. The
Coats for Kids Program, also uses storage space on the second floor. Retention of
ownership will allow for the continued use of the building for these purposes.
b. The George C. Beatie Skate Park is located on Masonic Temple building site.
Approximately $40,000.00 has been donated by community groups to build the
Skate Park. Retention of ownership of the building would allow for continued use
of this site for the Skate Park.
C. Funds may become available in the future for renovation of this historic building.
The Atascadero Historical Society has written a letter, dated February 17, 2000,
encouraging the City to work with the Atascadero Masonic Temple Association to
ensure that the building is kept intact. Retention of ownership of the building by
the City may help insure the long-term preservation of this historic building.
Disadvantages:
a. Retention of the Masonic Temple building will require the City to retain
continued on-going maintenance costs associated with the operation of the
building, regardless of the amount of City use and direct benefit. Benefits to the
public resulting from City ownership have been minimal. Rental income,
primarily from the buildings two main tenants, covers most of the direct building
utility and maintenance costs at the current level, and does not cover the amount
of administrative and custodial staff-time required to manage the maintenance and
tenants of the building.
b. The building is in need of a substantial investment in building repairs and
renovations, such as electrical, plumbing, painting, flooring, elevator, wheel-chair
accessibility, etc. In addition, the building has not been seismically reinforced.
The estimated cost to renovate the building to meet current code was $975,000.00
in 1995. Even after these improvements are made, the building will function
108
ITEM NUMBER: C-1
DATE: 05/23/2000
largely in the same way it does now. A remodel may still be necessary for
optimal use as a Youth Center.
C. Retention of ownership of the Atascadero Masonic Temple building will require
the City to retain continued exposure to lawsuit resulting from potential accidents.
Currently, a lawsuit has been filed against the City due to a trip and fall incident at
the building.
d. The opinion has been expressed that the primary beneficiary of the current
Occupancy Agreement is the Atascadero Masonic Temple Association, which has
retained the right to rent free meeting room and storage space in perpetuity. The
City may been seen as subsidizing the Atascadero Masonic Temple Association.
In reviewing the advantages and disadvantages to retaining the current Joint Occupancy
Agreement, staff feels that costs and liabilities associated with ownership of the building out-
weigh the advantages to the City. In addition, staff feels that some of the advantages that the
City gains from ownership of the Masonic Temple/ Printery building may be retained through
negotiated agreement with the Atascadero Masonic Temple Association, or mitigated through
other means. The disadvantages to retention of ownership, i.e. maintenance and renovation
costs, can only be resolved through substantial expenditures. Given the significant infrastructure
repair and upkeep at other City facilities and of Atascadero roads, it doesn't seem likely that the
funds needed to maintain and renovate the Atascadero Masonic Temple/ Printery Building would
become available.
As a result, staff recommends that the City Council direct staff to prepare the necessary
agreements and documents to return ownership of the Atascadero Masonic Temple/Printery
building to the Atascadero Masonic Temple Association and to initiate the process to allow
retention of ownership of the George C. Beatie Skate Park.
FISCAL IMPACT:
Approval of this recommendation will result in an undetermined saving of staff-time. In
addition, the City will reduce exposure to lawsuits that may result in future financial loss.
ALTERNATIVES:
Retain 99% ownership of the Atascadero Masonic Temple/Printery building and continue to
observe the current Joint Occupancy Agreement.
ATTACHMENTS:
Attachment#I- Letter from the Atascadero Masonic Temple Association
Attachment#2- Letter from the Atascadero Historical Society
Attachment#3- City Expenditures and Revenue for the Masonic Temple/Printery Building
109
RECEIVED
FEB 2 8 2000
ATASCADERO TEMPLE ASSW6'KQbbERO
E
.6351 Olmeda Ave. o Atascadero, Calif. 93422
February 24, 2000
Ray Johnson, Mayor Wade McKinney, City Manager
City of Atascadero City of Atascadero
6500 Palma Ave. 6500 Palma Ave.
Atascadero, CA 93422 Atascadero, CA 93422
Honorable Mayor Johnson and Mr. Wade McKinney:
On February 3, Geoff English and RoyHanley visited our Temple Board
Meeting for the purpose of updating our members regarding the Youth Center.
Both Mr. English and Mr.Hanley did an excellent job in answering our
questions with the exception of the following:
Since the City is focusing on a "new" location for the Youth
Center, does the City intend to continue our joint occupancy
agreement after the new center is occupied? If so, how?
We feel the agreement has been beneficial for both the Temple Association and
the city and hope it will continue. However, because Council has directed their
staff to select a new site for the Youth Center, we respectfully request council's
official advisement of their intentions regarding this issue.
We anxiously await council's response so that our members have an
understanding as to what the future holds for us.
Respectfully,
Thomas Marks
Temple Board Association—President
110
RECEIVED
��. Atascadero Historical Society
-- � , FSte=
Post Office Box 1047
Atascadero, California 93423
;; ._� - ���, ; �,�-,I`F. ATASCADERO CITY MAINAGEF
Phone (805)466-8341
Ij 14 A Non-Profit Corporation
ADMINISTRATION BUILDING -
CALIFORNIA STATE HISTORICAL LANDMARK NUMBER 958
LISTED IN NATIONAL REGISTRY OF WIISTORICAL PLACES
Feb. 17, 2000
Ray John on, ayor
City of�1t scald o
Atasc der A 422
Dear Mayor Johnson:
On behalf of the board of directors of the Atascadero Historical Society I am writing to express our concerns about the
future of the Printery/Masonic TempleNouth Center building on Olmeda Avenue.
We are,of course,concerned about the future preservation of the Printery Building constructed in 1915 by the Colony
Holding Corporation to contain the largest rotogravure presses west of the Mississippi River.The Printery,along with
the City Administration Building,are the last of the original civic center planned and built by Atascadero's founder E.G.
Lewis(Not counting the old hospital building).
Now that the building is not going to be used by the City of Atascadero for a youth center, it's future may be clouded.
I know that the Masonic Lodge had asked that the building be used for youth and if it were not,title revert back to them.
This may or may not be the case.
As an organization dedicated to the preservation of local history,we sincerely encourage the city council to work with
the Masons see that the Printery Building remain in tact.Now that the Redevelopment Agency and Main Street Program
are almost in place, the future for renovation monies may become a reality. There is, at least, some hope for funds
somewhere down the line to preserve and enhance that building.The Printery has already figured into some ideas by
the members of the Main Street Steering Committee as being a part of the city's downtown redevelopment strategy.
We appreciate the job the city council has of balancing the city's needs against the cash available to fill them.Ourconcern
is the preservation of another historic building,for which application is being completed at this time for its inclusion in
the Register of Historic Buildings.
ASinly,
Historical Society Museum 1
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112
ITEM NUMBER: C-2
DATE: 05/23/2000
n
Y918 n ® 1979
of
Atascadero City Council
City Manager's Office
Information Bulletin
A. Atascadero Community Link
The Atascadero Community Link has received a grant award for $75,000.00 from the Public
Health Institute and the Partnership for the Public's Health. The grant is essentially a planning
grant to develop an action plan to create more effective and responsive county health services in
our community.
The Grant involves collecting information from several community partners including the
Atascadero Unified School District, the City and Police Department, the Council on Aging, the
Women's Shelter, Children's Services Network, Mental Health Department and the Department
• of Social Services.
The grant will give the City of Atascadero and other agencies an opportunity to form and direct
policy on how San Luis Obispo County Health Services can better connect with community
needs. The grant is a three-year grant. The City's role would be to participate in some of the
planning meetings on community health issues, which are very broadly defined. The City will
receive $6,000.00 in grant funds from the project to use at its discretion.
B. Employee Update
Don Bellah Program Coordinator, Aquatics Hired 4/25/2000
Frances Lassley Relief Cashier, Zoo Hired 5/4/2000
Dolores Carll Zoo Cashier Retired 5/4/2000
113
ITEM NUMBER: D- 1
DATE: 05/23/2000
iaia 'e � to e
Atascadero City Council
City Attorney Report
Request for Authorization to Retain the Services of Deborah J. Fox,
of Fox and.Sohagi, LLP for Services as Special Counsel Regarding
Regulation of Adult Businesses
RECOMMENDATION:
Council authorize the Mayor and the City Attorney to execute the attached letter agreement with
Fox and Sohagi for the provision of services as special counsel on issues relating to the
regulation of adult businesses.
DISCUSSION:
Background: The City Council in 1996 adopted a comprehensive ordinance establishing
regulations for adult oriented or sexually oriented businesses in the City of Atascadero. The
ordinance needs to be revisited, examined, and updated for several reasons. First, there have
been many changes in the law in regards to the balance between the First Amendment and the
City's need to regulate activity since 1996. Many of these changes have further restricted the
ability of the City to regulate the sexually oriented industries. Some of the changes have
improved the ability of this City to regulate.
The Council will remember discussion in regards to the "Baby Tam" case. The Baby Tam case
involved the Ninth Circuit of the Federal Court of Appeals' interpretation of the First
Amendment requirement of quick resolution of civil disputes involving First Amendment issues.
Based upon the advice of the City Attorney in 1996 this Council had refrained from adopting
certain administrative abilities to terminate licenses based upon the City Attorney's argument
that the then current California scheme for appealing such decisions would not survive a
constitutional test. In the Baby Tam case, a similar scheme in the State of Nevada was set aside.
In fact, the sexually oriented business in Nevada obtained a permanent injunction against
enforcement against them precisely because the City of Las Vegas, Nevada had adopted such
schemes, and such schemes were not constitutionally permissible.
Since that decision, however, the State of California has adopted a procedure for obtaining court
review of First Amendment decisions by staff personnel that the City Attorney's office feels will 1114
ITEM NUMBER: D- I
DATE: 05/23/2000
pass constitutional muster. Therefore, the issue can be revisited and the Council can choose
between several alternative methods for providing administrative review. Those methods are not
subject to this discussion, and will require a cooperative effort by the City Attorney's office and
the City Manager's office in order for the Council to be most fully informed as to the issues.
The second main issue of concern to the City is the fact that the initial amortization period
established by the City Council in 1996 was for five (5) years. At that time, and continuing until
today, there exists only one sexually oriented business in the City of Atascadero. Staff
continues to feel that a five (5) year amortization period was and is appropriate for this particular
business. Any new businesses will not be entitled to an amortization period. They will be
required to locate where it is legal for them to locate.
The five (5) year period will be running in the calendar year 2001. Recent case law requires us
to establish administrative procedures that comply with the newly adopted statewide rules for
administrative review of any claim by a sexually oriented business that application of the five (5)
year amortization period would be an undue hardship. We are required to listen to such an
application if it is made, and should have procedures established that comply with the newly
enacted law.
Deborah Fox of Fox and Sohagi is one of the leading attorneys in the State of California in
regards to the regulation of sexually oriented businesses. She represents only public entities in
this regard. Ms. Fox regularly speaks on this issue at the League of City Attorneys Conferences
and is well qualified to serve as special counsel in this regard.
Conclusion: The City Attorney's office concludes that this particular issue merits having a
special counsel available for consultation by the City Attorney's office. State law allows the
City Council to enter into agreements with consultants such as this without going through a
competitive bidding process. There has been no competitive bidding process in this matter. This
is not the type of situation where the Council would be well-served by hiring a low bidder.
FISCAL IMPACT:
Approval of this item will not require a budget adjustment. The budget for the City Attorney's
office already includes amounts for the hiring of outside counsel. The nature of this hiring
requires a contract between the City and special counsel. It is the City Attorney's opinion that
such contracts, to be binding, require the approval of the City Council. Therefore, although staff
cannot honestly say that there will be no fiscal impact, the services contemplated under the
contract can be handled within the amounts already budgeted for outside counsel. The City
Attorney's office will continue to do the bulk of the work involved in analyzing the current
ordinance and improving it for the purposes mentioned above. The firm of Fox and Sohagi will
be retained to review that work so that this city gets the highest quality product possible. One
additional potential savings to the City, and one of the reasons for considering Ms. Fox for the
services,is that the firm of Fox and Sohagi serves as the contract general counsel for the Cambria
Community Services District. Because of this, it can be arranged, if necessary, for Ms. Fox to
attend a City Council meeting in Atascadero at the same general time that she is traveling to 115
ITEM NUMBER: D- 1
DATE: 05/23/2000
Cambria. This would avoid undue expense to the City in paying for travel time for the retained
special counsel to attend any meetings if that is necessary.
ALTERNATIVES:
The City Council is not required to take any of the above actions. There is no legal compulsion
to enter into a contract with special counsel. This is not the preferred alternative, because an
extremely important issue such as this merits the review of special counsel when that review can
be handled within the budgetary constraints of the City.
ATTACHMENTS:
Letter agreement from Fox and Sohagi
116
LAW OFFICES
DEBORAH J. FOX FOX 8 SOHAGI, LLP FACSIMILE
MARGARET MOORE SOHAGI A REGISTERED LIMITED LIABILITY PARTNERSHIP (310) 444-7810
JOSEPH H. McDOUGALL
THOMAS H. CASE ]0960 WILSHIRE BOULEVARD, SUITE 1270
TELEPHONE
LOS ANGELES, CALIFORNIA (310) 444-7805
TERRY P. KAUFMANN MACIAS 90024-3702
PHILIP A. SEYMOUR �6�
OF COUNSEL
RECYCLED PAPER
May 2, 2000
VIA FACSIMILE AND FIRST CLASS MAIL
Roy G. Hanley, City Attorney
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Re: Professional Services
Dear Mr. Hanley:
At your request, Fox & Sohagi will provide legal assistance to the City
of Atascadero ("the City") as special counsel in connection with updating the City's
adult business ordinance and provide legal oversight on the potential relocation of
the City's existing adult business known as AdultWorld. I will be the attorney
primarily responsible for this matter with assistance by others as needed.
Our office has worked extensively in this area and has a comprehensive
command of the case law as well a depth of practical experience in applying and
enforcing zoning provisions and operating standards. Based on our prior
experience, we find that inevitably, a new and unusual issue arises for each city and
that many times a significant decision is rendered by the Ninth Circuit and/or the
U.S. Supreme Court which dramatically alters the existing legal framework. In
addition to the recent Kandyland decision, the Ninth Circuit recently rendered its
decision in Baby Tam v. City of Las Vegas (9th Cir. 1998) 154 F.3d 1097 (Baby
Tam 1) and Baby Tam v. City of Las Vegas, (9th Cir. 2000) 199 F.3d 1111 (Baby
Tam fl). Cities throughout the state grappled with various Baby Tam issues and our
office was on the forefront of exploring solutions including the draft legislation now
found at Code of Civil Procedure § 1094.8 [SB 1165 (Sher)].
We have also found that it is necessary to confer among the attorneys
of our office to brainstorm on innovative solutions to operating standards and the
interplay of case law and the real world application of these legal standards. We
will minimize these conferences but they are invaluable when trying to answer
questions in these evolving areas of constitutional and land use law.
Nothing in this agreement and nothing in our statements to you will be
construed as a promise or guarantee about the outcome of your matter. Our fees are
set out in Attachment A. If this accurately summarizes your understanding, please
indicate your acceptance by signing, dating and returning this letter in the enclosed
self-addressed, stamped envelope.
117
FOX €3 SOHAGI, LLP
Roy G. Hanley, City Attorney
May 2, 2000
Page 3
ATTACHMENT A
FOX & SOHAGI, LLP
HOURLY RATES
2000
Deborah J. Fox $195
Margaret Moore Sohagi 195
Philip A. Seymour 180
Terry P. Kaufmann Macias 180
Thomas H. Case 180
Joseph H. McDougall 165
Paralegals 95
The firm will represent the City for our regular hourly fees set out
above. Our fees are reviewed on an annual basis, and may be adjusted for next year.
In addition to our hourly fees, we will bill you for customary out-of-pocket expenses
including, but not limited to, photocopying, messenger, automated legal research,
long distance telephone, postage, facsimile, Federal Express or other overnight
service and attorney service charges. We will provide you with monthly statements
itemizing our work and expenses for that month. Payments are to be made within
thirty (30) days of receipt of invoice.
We will charge you for the time we spend on telephone calls relating to
your matter, including calls with you or opposing counsel. The legal personnel
assigned to your matter will confer among themselves about the matter, as required.
When they do confer, each person will charge for the time expended. Likewise, if
more than one of our legal personnel needs to attend a meeting or other proceeding,
each will charge for the time spent.
If experts or consultants are retained for this matter, their invoices will
be sent to the firm for review and then sent to you for direct payment to the expert
or consultant.
FOX & SQHAG1, LLP
Roy G. Hanley;"City.Attorney
May 2, 2000
Page 2
I look forward to working with you and,.City,staff son this-matter.
Please do not hesitate to contact Ifte should'youkhav�.any q�es,(pns oriae-ed.more
information concerning this 2fnatter.
Ve ly yours
D
J;,FOX z
of FOX & SOHAGI, L ;P
APPROVED AND ACCEPTED:
Dated:
Roy G. Hanley, City Attorney
City of Atascadero
Dated:
Ray Johnson, Mayor
City of Atascadero
engageWascaderoAtA70300.001