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HomeMy WebLinkAboutAgenda Packet 10/10/2000 I mix ®® AGENDA iris a ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 10, 2000 7:00 P.M. City of Atascadero 6500 Palma Avenue, 4th Floor Atascadero, California REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1) Conference with labor negotiator (Govt. Code Sec. 54957.6) Agency Negotiators: City Manager Employee organizations: Atascadero Fire Captains and Atascadero Firefighters 2) Conference with legal counsel [Govt. Code §54956.9] Existing litigation: 1. Hill v City of Atascadero 2. Graham v City of Atascadero REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Council Member Clay 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 October 23 —31, 2000, "Red Ribbon Week." 2. Proclamation declaring the month of October 2000, "Steelhead and Salmon Awareness Month." 3. Chief Hegwood will recognize citizens who participated in the successful resolution of the attempted armed robbery of the Los Padres Bank that occurred on September 22, 2000. • 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.) 1. Update on Atascadero State Hospital and Sex Offender Issues ■ Fiscal Impact: None ■ Staff recommendation: City Council: 1. Authorize the Mayor to sign letters to Senator Jack O'Connell and Assemblyman Abel Maldonado requesting legislative assistance to improve and expand the laws regulating sex offenders in California. 2. Adopt Draft Resolution, amending the City Legislative Action Program and Priorities for 2000. 3. Appoint a Council Member to serve on the Atascadero State Hospital Advisory Board. 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— September 12, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of September 12, 2000[City Clerk] 2. Acceptance of Curbaril Bridge Abutments and Right-of-WU ■ Fiscal Impact: None ■ Staff recommendation: Council accept the abutments,pier and right-of-way from the existing Curbaril Bridge crossing the Salinas River for a future bridge. [Public Works] 2 3. RV Park Railroad Crossing—Submittal of application to PUC authorizing construction of a railroad grade separation crossing ■ Fiscal Impact: None. The railroad crossing would be privately owned and constructed. • ■ Staff recommendation: Council adopt Draft Resolution which authorizes the City Engineer to sign and submit, on behalf of the City of Atascadero, an application to the Public Utilities Commission of the State of California for an Order authorizing construction of a grade separation crossing over the tracks of the Union Pacific Railroad Company at the northerly extention of a private portion of El Camino Real in the City of Atascadero, San Luis Obispo County. [Public Works] B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Information Bulletin D. 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 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 3 F. ADJOURNMENT: THE NEXT CITY COUNCIL MEETING WILL BE A REGULAR SESSION SCHEDULED ON OCTOBER 24, 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. I, Marcia McClure Torgerson, the City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the October 10, 2000 Regular Session of the Atascadero City Council was posted on October 4, 2000 at Atascadero City Hall, 6500 Palma Ave., Atascadero, CA 93422 and was available for public review in the City Clerk's office at that location. Signed this 4t" day of October, 2000 at Atascadero, California. arcia McClure Torgerson, Cit Jerk • City of Atascadero 4 City of Atascadero WELCOME TO THEATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 7:00P.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 311) 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. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. 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. • "RED RIBBON WEEK" October 23 — 31, 2000 WHEREAS, Tobacco, alcohol and other drug use and abuse has reached pandemic stages in California and throughout the United States; and, WHEREAS, It is imperative that community members launch unified and visible tobacco, alcohol, and other drug prevention education programs and activities to eliminate the demand for these substances; and, WHEREAS, Californians For Drug-Free Youth, Inc. (CADF19, coordinates the California Red Ribbon Celebration in cooperation with National Family Partnership to offer our citizens the opportunity to demonstrate their commitment to healthy, drug free lifestyles; and, WHEREAS, President Bill Clinton is the National Honorary Chairman, and Governor Davis and Mrs. Sharon Davis are the State Honorary Chairpersons to provide national and state focus on a Drug-Free America; and, WHEREAS, The Red Ribbon Celebration will be observed across America during RED RIBBON WEEK, October 23-31, 2000; and, WHEREAS, Parents, Youth, Government, Business, Law Enforcement, Schools, Religious Institutions, Service Organizations, Social Services, Health Services, Media, and the General Public will demonstrate their commitment to drug free communities by wearing and displaying Red Ribbons during this week-long celebration; and, WHEREAS, The Community of Atascadero further commits resources to ensure the success of the RED RIBBION CELEBRATION and year round tobacco, alcohol and other drug prevention efforts; and, NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Atascadero does hereby support October 23-31 2000 as RED RIBBON WEEK, and encourages all citizens to participate in tobacco, alcohol, and other drug prevention programs and activities, making a visible statement and commitment to healthy, drug free communities in which to raise a generation of drug- free youth; and, BE IT FURTHER RESOLVED, that the City Council of the City of Atascadero encourages all community members to pledge: NO USE OF ILLEGAL DRUGS, AND NO ILLEGAL USE OF LEGAL DRUGS. Ray Johnson, Mayor City of Atascadero October 10, 2000 STEELHEAD AND SALMON A WARENESS MONTH OCTOBER, 2000 WHEREAS, Assemblyman Abel Maldonado has worked statewide to declare October of each year Steelhead and Salmon Awareness Month, beginning in October of this year; and WHEREAS, California Steelhead and Salmon are an indicator of a quality living experience in this state. They provide evidence of our water quality and watershed well- being. They also provide a substantial benefit to the state's local economy, which relies on tourism and outdoor recreation; and WHEREAS, Steelhead and Salmon are a sign of our natural heritage dating back millions ofyears; and WHEREAS, Steelhead are present in the Salinas River, Atascadero Creek and have historically been present in Graves Creek and other tributaries of the Upper Salinas • Watershed; and WHEREAS, Steelhead and Salmon are natural treasures we could lose. Due to multiple causes, including overlays of human impacts, Steelhead and Salmon populations have plummeted, creating extinction and significant losses over much of the species historic range. The journey of these fish depends on sufficient stream flow, clean water, riparian buffers for shade and good inland conditions; and WHEREAS, Everyone's actions have results, and perhaps we can examine our choices to prevent further loss of Steelhead and Salmon populations; and WHEREAS, We are all allies of clean water and saving the very quality of life we want for our children and grandchildren; NOW, THEREFORE, I, Ray Johnson, Mayor of the City of Atascadero, do hereby proclaim October is Steelhead and Salmon Awareness Month. Ray Johnson, Mayor City of Atascadero, California October 10, 2000 LV DATE: 10/10/2000 MAN& 'Ce � y ro-M * 1979 Atascadero City Council Staff Report -Police Department Update on Atascadero State Hospital and Sex Offender Issues RECOMMENDATION: City Council: 1. Authorize the Mayor to sign letters to Senator Jack O'Connell and Assemblyman Abel Maldonado requesting legislative assistance to improve and expand the laws regulating sex offenders in California. 2. Adopt Draft Resolution, amending the City Legislative Action Program and Priorities for 2000. 3. Appoint a Council Member to serve on the Atascadero State Hospital Advisory Board. • DISCUSSION: The City Council reviewed community, Council and staff concerns relative to sex offenders living in Atascadero. Although there are a variety of safeguards provided in State Law, including the provisions in Megan's Law, the Council unanimously supported additional steps for the security of the community. Staff proposed four recommendations that were accepted by the Council and staff was directed to prepare correspondence and language for Council review. Since the initial Council meeting, several other meetings and actions have occurred. Senator O'Connell hosted a meeting that included the City, County, District Attorney, Probation, Parole, State Hospital, Sheriff, Assemblyman Maldonado and representatives from the Senate Committee on Public Safety. The meeting was intended to brief the Senator and explore possible improvements to current laws that would benefit California families. The Monterey Road neighborhood held a Neighborhood Watch meeting. The staff from the City and State Hospital have met and talked, the School District was notified of concerns raised in the Council meeting and a sweep of registered sex offenders was completed Countywide. Many potential improvements to sex offender laws have been discussed and in the coming months our State legislators will be reviewing the suggestions for potential bills. The letters to the legislators have been drafted broadly to indicate the City's support for increased restrictions regarding location, parole, disclosure and offenses. The letters also support expanding the access to information regarding sex offenders. As individual pieces of legislation emerge in the State process the City Council could take a more aggressive action of support. o'���" ` CITY OF ATASCADERO CITY COUNCIL October 11, 2000 State Senator Jack O'Connell Assemblyman Abel Maldonado RE: Released Sex offenders Dear The City Of Atascadero and its residents are deeply concerned about the community's safety because of convicted sex offenders who have been released from prison or the State Hospital. We know you share our concern and appreciate your support in our efforts. While California's Megan Law has been a useful tool in protecting the public from convicted sex offenders, we believe more needs to be done. Megan's Law allows law enforcement officers to make public notifications regarding sex offenders to some citizens determined to be at risk. Citizens may directly access the Megan's Law CD-ROM and better protect their families by obtaining information on registered sex offenders living in their area. Although this legislation is vital to ensure public safety, we are requesting assistance in strengthening the law to more effectively monitor released sex offenders and provide up to date information to the public. In most cases, sex offenders are released from confinement on conditional parole. This process provides for structured supervision during the offender's initial reintegration into society. However, recently a sex offender was released from Atascadero State Hospital with no restrictions. He completed his parole while being evaluated and hospitalized. This allows a sex offender to be released from the hospital with no more than an annual requirement to register at the local law enforcement agency. There are many potential solutions to this problem including a provision to mandate all sex offenders to return to the county of commitment, a sufficient pre- release time period for law enforcement risk assessment, a restriction requiring parole to be served following release, and others. We want to work with you to improve the law making California cities safer and Californian's better informed. We also understand that other states have implemented an Internet based system for the public to assess registered sex offender information. This system not only allows 24-hour accessibility; it also utilizes current technology available to most families. 6500 PALMA AVENUE • ATASCADERO,CALIFORNIA 93422 • (805)461-5086 • FAX(805)461-0606 005 October 11,2000 Senator Jack O'Connell Page 2 We express our appreciation for your continued leadership in public safety issues that impact our citizens and look forward to working with you in maintaining a safe and healthy community for our law-abiding residents. Very truly yours, Ray Johnson Mayor RJ:mmt 0 606 DRAFT RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE CITY LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 2000 WHEREAS, major objective of the City Council is to adopt an aggressive legislative program which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the County has a direct impact upon the quality of life in Atascadero, it is imperative that the City maintain quality communications and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A", the League of California Cities legislative priorities identified in Exhibit "B", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Program is face to face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atascadero does hereby amend the Legislative Action Priorities for 2000, as set forth in the 607 City of Atascadero Exhibit A Draft Resolution Page 2 attached Exhibits "A" and `B", and authorizes staff to take positions on legislation generally consistent with the Legislation Action Priorities and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City. BE IT FURTHER RESOLVED, that City staff is directed to schedule meetings, as appropriate and convenient, with our Congressional, State Senate and State Assembly representatives to discuss and promote the City's legislative program, and to continue efforts to improve communications and relationships with the County Board of Supervisors and north county cities to further our interests in land use and water issues. Upon motion of Council Member and seconded by Council Member on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: Ray Johnson, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney City of Atascadero Exhibit A Draft Resolution Page 3 CITY OF ATASCADERO CITY LEGISLATIVE ACTION PRIORITIES FOR 2000 FEDERAL PRIORITIES • Requiring funding of federally mandated programs or eliminating such mandates • Promoting continued and increased funding sources for transportation • Obtaining new funding sources to expand low and moderate income housing • Supporting legislation that provides regulatory relief to local government in complying with the Fair Labor Standards Act and overtime provisions for exempt employees • Supporting continued funding for the Land and Water Conservation Grant Program • Supporting legislation which strengthens the ability of cities to control their public rights-of— way and apply zoning regulations relative to the telecommunications industry • Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc. • Supporting legislation which assists welfare reform to work in a positive way and provides funding for the social service programs of local non-profit organizations • Obtaining cooperation and prompt approval from the EPA and Army Corps of Engineers for necessary flood control projects • Supporting legislative action to retain the existing process of local judicial review of land use decisions, thus avoiding preemptory, premature intrusion of federal courts into matters best known to local authorities at the local level • Opposing mandatory social security for newly hired local governmental employees • Supporting legislation to promote the responsible and cost effective reuse of biosolids • Promoting Federal efforts toward preservation of open space, coastal resources, signature land forms, wetlands, and other natural resources or areas threatened by development X09 City of Atascadero Exhibit A Draft Resolution Page 4 STATE PRIORITIES 0 FINANCE • Supporting efforts to protect the City from loss of revenues due to State mandates • Supporting legislation that strengthens opportunities for local fiscal independence • Returning ERAF • Supporting efforts to "protect, preserve and reform" local government revenue sources" • Supporting legislation which better assures any reductions in Vehicle License Fees by the State will be back-filled to local government in a permanent way COMMUNITY DEVELOPMENT • Opposing mandated State approval of local General Plan Elements, such as implementing and compliance with State General Plan Housing element law • Promoting funding sources to encourage the retrofitting of unreinforced masonry buildings • Promoting state efforts toward preservation of open space, coastal resources, signature land forums, wetlands, and other natural resources or areas threatened by development • Promoting realistic housing requirements in the Housing Element • Promoting the concept of Urban Growth Boundaries PUBLIC SAFETY • Preserving city's authority to investigate police misconduct • Preserving city's authority to establish emergency medical service levels • Increasing City authority to regulate group homes for juvenile offenders • Continuing support for disaster preparedness/earthquake preparedness • Supporting efforts to secure higher levels of cost recovery for DUI's • Supporting efforts to expand the scope of parental responsibility for crimes committed by minors • Supporting efforts to provide the Governor with authority to override the parole board when anyone convicted of a violent offense is proposed to be released on parole 010 City of Ataseadero Exhibit A Draft Resolution Page 5 • Preserving the authority of local control on issuance of concealed weapons permits • Retaining budget commitments for Public Safety supplemental funding — State COPS program • Supporting legislation to help curb underage drinking • Supporting another ABC inspector to work on minor/alcohol issues • Opposing new or increased state fees for state provided law enforcement service • Support efforts to expand Megan's Law and provide greater access to the information. • Support efforts to regulate sex offenders. • Support efforts to increase parole/probation periods and restrict parole/probation from being served while committed in the State Hospital. • Support efforts to increase the penalty for escapes from the State Hospital or assaults on staff at the facility. TRANSPORTATION • Changing Gas tax laws to allow local tax for transportation purposes based on a majority vote of the public • Increasing transportation funding (including transit, bicycles, others) PERSONNEL/EMPLOYEE RELATIONS • Further reforming Worker's compensation • Preserving the fiscal integrity of PERS • Opposing binding arbitration and expansion of the "Peace Officers' Bill of Rights" • Monitoring employee healthcare/benefit changes • Opposing the establishment of the Public Employees Relations Board (PERB) as an authority over local government employee relations disputes PUBLIC WORKS • Better defining "qualified"bidders in public contracts bidding • Redefining Prevailing wages as "average" local wages oil City of Atascadero Exhibit A Draft Resolution Page 6 • Streamlining Federal and State process for funding street projects • Increase to $20,000 limits of work (from $5,000) for public projects not requiring competitive bidding • Obtaining grant funding for seismic retrofit projects (buildings, bridges, etc.) PARKS AND RECREATION • Supporting recreational programming , particularly for youth within the City • Supporting funding for: protection of natural resources (e.g., the Lake), open space, and parks development • Supporting funding for rehabilitation of existing parks • Supporting efforts at the State level for a park and open space bond measure • Obtaining grant funding for a Community Center • Improving the timeliness and accuracy of fingerprintingfor volunteers P g Y • Obtaining grant funding for the preservation of historic buildings UTILITIES • Providing funding for reclaimed water programs • Supporting legislation to enhance local government's ability to comply with solid waste requirements • Supporting legislation to increase availability of grant funding for replacement of aging infrastructure • Supporting legislation promoting the responsible and cost-effective reuse of biosolids • Supporting legislation to streamline the state regulatory permit process through the use of general permits COUNTY PRIORITIES • Reaching agreement with the City of San Luis Obispo on solutions for Salinas Reservoir expansion and Nacimiento pipeline projects 012 City of Ataseadero Exhibit A Draft Resolution Page 7 • Developing consistency between the City and County General Plans, particularly to emphasize the concepts that (1) urban development should be municipal, and (2) unincorporated areas shall remain rural, agricultural, or open space in character • Creating a North County Government Center in Atascadero • Improving regional solid waste management • Developing cooperative approaches for providing services on a regional basis • Discussing and resolving issues on the City periphery, such as conversion of agricultural zoning to residential subdivision and industrial use, allowing increases in density in residential and industrial areas, allowing substantial development beyond the City's urban reserve line and giving greater credence to and respecting the integrity of the City's planning process • Continuing to work with other cities to convince the County that urban-like development should take place within the boundaries of cities, and not in the unincorporated areas — and especially not within the urban growth boundaries of cities 0 3 City of Atascadero Exhibit A Draft Resolution Page 8 LEAGUE OF CALIFORNIA CITIES LEGISLATIVE PRIORITIES FOR 1999 The League Board of Directors has adopted the following legislative priorities for the 1999 legislative session: 1. Revenue Base Protection. This recommended priority will start with a premise similar to that of ACA 42 from last session. This was the measure sponsored by the League that established a constitutional protection of local taxes, the Bradley-Burns sales tax, existing property taxes and the vehicle license fee revenues. While the premise is similar, it is necessary to go back and build the coalition needed to support a revenue protection measure. This issue will have a legislative component as well as the exploration of a statewide ballot initiative. 2. Revenue Return. This priority has two elements. One is based on the dialogue that came out of the recent gubernatorial election. The other element is based on a reasonable expectation of another attempt to secure a local government revenue source in the upcoming legislative session. The elements are: a. ERAF. The newly elected governor promised the return of local government property taxes taken in the early 1990's. He promised this at the concluding general session of the League's recent Annual Conference in Long Beach; and, he promised it again to the League Executive Committee after the Long Beach speech. It is incumbent upon the League to pursue this public commitment and determine its validity. b. Bank-in-Lieu. Last session, legislation was carried to return the bank-in-lieu tax to local governments. It could mean as much as $160 million annually upon full implementation. The issue was a priority of the League last year and should again be a priority for the League in 1999. 3. Infrastructure Funding. Last session, the Legislature finally began to focus on the public infrastructure issue. This comes after years of neglect and recession when fiscal survival pushed long-term investment issues off all the priority lists. Last session, the debate focused on a measure to send a small portion of the state's unexpected transportation surplus to local governments for street and road repair — SB 1477. The debate is expected to return to a proposal(s) to better "equalize" transportation funding between the state and local governments. v � 4 City of Ataseadero Exhibit A Draft Resolution Page 9 4. 2000 Census Process. The results of the 2000 census will have a tremendous effect on the distribution of federal resources to the state and local governments of California. There are several issues that the Board of Directors asked the League to focus on in the upcoming census count: a. After-the-Count Review. Local governments should reserve the authority to review the census count for the jurisdiction for errors and then forward recommendations to the Bureau of the Census before the counts become final. This has been the practice in past counts and should remain as a practice in the 2000 count. b. Provide Information to City Officials. The League should continue to serve as a clearinghouse for information on the census count to ensure that local agencies are active in Census Bureau activity in their community. 5. Social Security Mandate. The league should oppose any attempt of the Congress and President to mandate new employees into the social security system. This will have a tremendous, detrimental impact on state and local government finance in California and will likely necessitate a reduction in the benefit structure of public sector retirement systems in California. 6. Other Issues. Other issues that should remain in the focus of the League include city, county school collaboration on public facilities, school safety/security, after school programs, technology development/deployment for our public schools and programs for senior pairing with at-risk youth. G �5 rg Ledque of California Cities 1400 K Stree X981998 Sacramento, ��& 916.658.8200 FAX 916.658.8240 Better Cities—A Better Life wv,wcacities.org Priorities for the Millennium The 2000 legislative session promises to continue debate on several key city issues carried over from the 1999 session. It is an election year and many believe that little of consequence happens in an election, yet, some of the Legislature's more recent and major accomplishments have taken place in election years. Among the key issues cities can expect to encounter in the 2000 session are the following: Local Government Fiscal Reform This issue was a big part of the discussions in 1999 and city officials can reasonably expect the discussion to continue and likely accelerate in 2000. By current estimates, the state is running about $400 million ahead of the revenue projections used to put the 1999-2000 state budget together. Rumors, and at this point they are just rumors, place the "budget surplus" for the 2000- 2001 budget process once again in the multi-billion range. If this turns out to be true, it is the fourth year in a row with a substantial budget surplus. A surplus of this magnitude increases the possibilities for a local government finance solution. On the downside, the state is facing a number of potential fiscal obligations that were not anticipated in the 1999-2000 budget. There is a court ruling on school funding that could obligate the state for a substantial settlement. Another court has ruled adversely on a tax imposed in the early 1990's on the registration of out-of-state automobiles. The state appears to be moving to repay taxpayers who have paid this tax. This is estimated to be an $800 million price tag. Finally, a lower court has ruled that the transfer of property taxes from local governments to the benefit of the state general fund in the early 1990's was a state-mandated cost for which the state is financially responsible. This case on the property tax is only at the initial stages with a superior court ruling. The decision will undoubtedly be appealed by the state and may takes years to settle. A1Lof these obligations and potential obligations will make the state more fiscally cautious about lona-term financial commitments. The Governor and his chosen style of governance may also play into the local government fiscal reform effort. He has proclaimed that he wants to "govern from the middle." He has also demonstrated that above all else he is cautious when it comes to long-term commitment. Any meaningful reform of local government has got to involve stability which requires a need to commit. The Governor's approach may mean the delay of long-term local government financial packages until after the next election. Added to this backdrop of legislative and gubernatorial interest in financial reform are the many commissions and task forces that have produced or are producing recommendations for � J6 improving state and local fiscal relationships. Among the first to put forward recommendations is the task force formed by the Controller. At the heart of the Controller's report is a substantial change to the distribution of sales tax revenues. Other commissions aiming at the end of 1999 or early 2000 for final recommendations include the Speaker's Commission, the Governor's task force on infrastructure, the Hertzberg Commission and the Consensus Project. All of these groups will be making recommendations and many are likely to end up in legislative proposals in either the 2000 legislative session or later sessions. The League is working with an internal task force of city officials to advise the organization on the best approach to these proposals and to develop a proposal that the League intends to support and promote. The League is also working closely with the California State Association of Counties to explore common recommendations that the two organizations can support. It is incumbent on the League and CSAC to develop a proactive approach to state and local fiscal reform. The legislative leadership has challenged both organizations to offer a local government sponsored solution. The issue of fiscal will likely dominate discussions in the 2000 session. Employee Benefit and Employment Rights Mandates Last session did not meet all of the expectations of local government labor representatives, but then perhaps those expectations were a bit too high, at least for the first year of the Governor's term. There were mandates passed and signed that city officials will have to pay for in upcoming years, but many of the more important labor proposals were postponed, at least temporarily, until the 2000 session or beyond. Topping the list of city concerns in the upcoming session is the proposal by Senator John Burton to mandate a system of compulsory and binding arbitration for the resolution of collective bargaining disputes with public safety employees. SB 402 remains alive in the second house (Assembly) and will likely become a topic of hot debate in 2000. The bill stalled in the last weeks of the legislative session when the proponents (police and fire unions) and the Governor could not agree on the scope of a compulsory and binding arbitration proposal. The Governor wants arbitration limited to salary and benefits only, while police and fire unions want to subject salaries, benefits and all other terms and conditions of employment to the arbitration process. This promises to be a major fight, again, next session. Also on the labor relations agenda is a proposal to re-write the collective bargaining law for local governments, increase workers compensation and unemployment insurance benefits and increases in both retirement benefit options and possible further retirement benefit mandates. It's a long agenda and it may take more than one or two years to complete. Transportation Finance Last session was characterized b considerable debate over a transportation finance package that Y P P .. includes a constitutional change to the current two-thirds vote requirement for special taxes 1 • dedicated to transportation purposes. The proposal would reduce this two-thirds vote to a majority vote. We are optimistic that the Legislature and Governor in the 2000 session will be engaged in more than debate and that a transportation finance package will actually emerge. In addition to the majority vote issue, there is significant disagreement between the Democrats and Republicans about the central elements of a finance package. The Democrats are pushing a bond measure to finance the state and local transportation system. The Republicans are pushing a package that attempts to utilize state general fund moneys to finance transportation on a"pay-as- You-go" basis. Both proposals represent problems for a properly funded transportation system. Neither proposal relies on the "user pays"principle that should be the heart of any finance package. To offer a bold prediction at this preliminary point in the legislative process, the chances for a city win is much more of a reality in transportation finance debate than it is in the area of long- term local government finance reform. Conclusion These predictions for 2000 are just that - predictions. Every session produces a list of surprises and the 2000 session is likely to follow this rule. Please keep closely informed through League publications such as the Legislative Bulletin and other alerts sent from the League office. City officials did a great job of responding in the 1999 session to requests for legislative contacts. It is important to keep this up as we move in to the 2000 session. ITEM NUMBER: A-I DATE: 10/10/2000 DRAFT MINUTES 1918 ^ ® 9 ATASCADERO CITY COUNCIL MEETING TUESDAY, SEPTEMBER 12, 2000 7:00 P.M. REDEVELOPMENT AGENCY: 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1) 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. 2) Performance Review: City Manager(Govt. Code § 54957.6) 3) Conference with legal counsel—Pending litigation (Govt. Code Sec. 54956.9(a)) Name of case: Graham v. City of Atascadero 4) Conference with legal counsel - Anticipated litigation(G.C. Sec. 54956.9(b)) Re: 9930 Carmelita—Potential initiation of litigation City of Atascadero v Reichek—one case City Attorney Roy Hanley announced the Council gave him authorization to proceed with litigation. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:07 p.m. and Cub Scout Pack 155 led the Pledge of Allegiance with the presentation of a Color Guard. • 019 ROLL CALL: Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson Absent: None • Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Acting Battalion Chief Kurt Stone, Assistant City Manager Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Council Member Scalise to approve the agenda. Motion passed S:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation declaring September 18-24, 2000, "National Pollution Prevention Week." Jeff Poole, Manager of Hazardous Section of SLO Environmental Health, accepted the • Proclamation and explained their services to the community. 2. Police Chief Hegwood will introduce new members of the Police Department: Sergeant Steven Schnars and Chaplain Thomas Mueller. Chief Hegwood introduced the new members of the Police Department. COMMUNITY FORUM: Ann Ketcherside, resident of Atascadero, asked if the $500,000 that the State granted to Atascadero can be transferred to another piece of property. Also, she asked for the City to sign a release form to allow her to obtain information about the potential site for the future Youth Center. Ms. Ketcherside also asked the Council to make sure that the City Attorney provides her with a list of names of individuals who have been cited with nuisance problems. Eric Greening, 6600 Lewis Ave., gave the Council an update on the Salinas Dam issue including the draft decision and possible mitigation measures. • CC 09/12/00 Page � �, Charlotte Byrne, 4064 Tranquilla Ave, expressed her concern with the expansion of Atascadero Ford because of the increased lighting. She is concerned that these lights will affect residents' view of the night sky. Mayor Johnson told her to give her name and address to Community and Economic Development Director Paul Saldana and he will contact her. Also, she expressed that El Camino Real, between San Anselmo and the Police Department, does not provide a nice corridor for Atascadero. Terrill Graham, 6205 Conejo Road, spoke to the Council concerning the allocation of funds from the local cable company to broadcast public forums. He encouraged the Council to have their meetings televised. Bob Kirk, Templeton, read a prepared statement into the record concerning the inappropriate practice of the Child Protective Services office in San Luis Obispo; the placement of children in the homes of registered sex offenders. Mayor Johnson closed the Public Comment period. COUNCIL ANNOUNCEMENT AND REPORTS: Council Member Clay explained the potential site for the Youth Center is adequate and only a sewage pump is located near there. He also announced that he attended the League of California Cities' Annual Conference in Anaheim and was especially impressed with the Youth Forum. He expressed that he would like to see something started like that in Atascadero. Council Member Luna stated, concerning the $500,000, it is his understanding that the money is not tied to the current site. Also, he asked if Ms. Ketcherside is receiving the information she requested. City Attorney Roy Hanley said the items have been ready for the past couple weeks and just require a small records fee. Council Member Luna stated that the light ordinance is in the Municipal Code that can be viewed on the City's website. He requested that the Lake water quality improvements and Proposition 13 funds be discussed on a future agenda. Council Member Scalise stated she agrees with Council Member Luna and asked staff to make a thorough study on the issue of restriction of sales. She also complemented Public Works Director Steve Kahn on the Monterey Road overlay. 1. Atascadero State Hospital—update and action, including staff direction,regarding the release of patients Police Chief Dennis Hegwood introduced Mr. DeMorales of Atascadero State Hospital (ASH). John DeMorales, acting Executive Director of ASH, explained the details of the recent release of the registered sex offender to the Atascadero community. He explained that the Los Angeles Superior Court Judge ordered the release of the sex offender. He said the State Hospital tried to find a different solution to no avail, as the sex offender had already completed his parole. Mr. DeMorales commented that the patient was involved with a lady who lives in Atascadero, so even if he had been released in Los Angeles, more than likely he would have moved here anyway. He suggested the Council appoint a Council Member to serve on the ASH Advisory Board to help Atascadero keep informed in Hospital issues. He also suggested the City and the Hospital jointly hold quarterly community meetings to keep the community informed. Mr. CC 09/12/00 Page 3 ' DeMorales also urged the Council to work with the ASH to create legislation to protect Atascadero residents. He also thanked Chief Hegwood for his participation in helping ASH find a police chief. Police Chief Dennis Hegwood gave the staff report outlining the Megan's Law classifications, the notification assessment, and how to obtain information about sex offenders using the Megan's Law Database. He included the following staff recommendations in his report: 1. Send a letter to our local legislators requesting their support of legislation restriction where sex offenders can locate or increasing the City's ability to deal with sex offenders. 2. Adopt a City legislative position to assist the State Hospital in securing legislation enhancing the penalties for escapes and battery by Hospital patients. I Direct City staff to work with Hospital staff to develop informational outreach programs for the community. 4. Appoint a Council Member to be proposed as a candidate for the Hospital Advisory Board. Mayor Johnson asked for an explanation of a typical release. Mr. DeMorales stated that none of the SVPs have successfully completed the program, and thus they have not been released. Were they released, they would be released to the county in which they committed their crime. Council Member Luna asked if this individual's parole had lapsed. Mr. DeMorales responded saying that there are glitches in the system. He said that sometimes they receive individuals from LA County because that county does not have the room or money to keep them. He stated that there are five similar such cases at ASH currently. Council Member Luna asked if there are any legal codes which prohibit personal relationships among employees and patients. Mr. DeMorales responded, yes. He stated that such cases are subject to investigation resulting in termination and possibly prosecution. He asked Police Chief Hegwood for the count of sex offenders in Atascadero. Police Chief Hegwood responded that currently there are no registered high-risk sex offenders in Atascadero, but there are 44 serious sex offenders. Council Member Luna commented that Senator Jack O'Connell is willing to help if needed. Council Member Scalise asked how they are able to satisfy their parole while at ASH. Mr. DeMoralses explained that all the sex offenders that they receive at ASH are technically paroled to the Hospital. If they are released to the community prior to the expiration of their parole they may be held to the provisions of the parole. Council Member Clay suggested that prosecution would be a good follow-up after termination to re-enforce that relationships with patients will be taken seriously. Mayor Pro Tem Arrambide stated that he was pleased to see that Atascadero has been offered a position on the Advisory Board. CC 09/12/00 Page 4 G 2 2 PUBLIC COMMENT Bob Kirk, Templeton, questioned Chief Hegwood to clarify categories. He also suggested that boundary limitations be placed to exclude sex offenders from living near schools. Chief Hegwood replied that the definitions are listed on the Megan's Law database and they are also on the internet. He stated that crimes against children are first classified as "other" then"serious" etc. April Clauson, Atascadero, asked if churches could be included in the boundary limitation. Mayor Johnson answered, yes, church youth programs would be included. She asked if offenders prior to Megan's Law are required to register. Chief Hegwood responded that offenders are given five working days to register and it is a life-long requirement. She requested that school safety issues be addressed. Mayor Johnson stated that they would refer the request to the Atascadero Unified School District. Zola Lee, 5880 Ardilla, asked if statistics are kept on the number of out-of-area offenders residing in Atascadero. She also asked why there is a time limit on obtaining information about Megan's Laws. She asked how long it takes the ASH to test individuals for programs. Mayor Johnson stated that it would be nice if our local police department could have access to the Megan's Law database to allow extension of current operation hours. Mr. DeMorales responded that the average process of program evaluation takes 8-12 hours. There must be two positive evaluations prior to the district attorney evaluation. Mayor Pro Tem Arrambide asked that if an offender crosses the line regarding the school or park, what type of offense is it. Police Chief Hegwood stated that if the individual on parole has a condition that prohibits him from going on school grounds, it would be a misdemeanor. Mr. DeMorales stressed that they do not have authority over the Board of Prison Terms. Council Member Clay commented that allowing parole to be conducted in the hospital seems wrong. Linda Mallo, south Atascadero, expressed concern about the amount'of sex offenders in our community. She explained that she went to the Sheriff s office and viewed the list of sex offenders in Atascadero. She asked how offenders are tracked after they are determined to be missing from their current registered residence. Chief Hegwood stated that they must register every year. He also stated that there is a team that actively pursues contact with the individual. Council Member Clay commented that sex offenders being charged with a misdemeanor for failing to register is not a great enough charge. Eric Greening, 6600 Lewis Ave., asked for clarification on the process of inmates qualifying for the SVP program. He also warned people to not get a false sense of security from requiring offenders to live outside certain boundaries. Fred Frank, 3615 Ardilla, thanked Mr. DeMorales and Chief Hegwood for their informative presentations. He urged the Council to support legislation that would promote stronger protection for the community than to just regulate where a sex offender can live. He also asked for a comparison to be made with other cities in the State that do not have institutions within them, in regards to the number of offenders living in the City. CC 09/12/00 Page 5 Mayor Johnson commented that there is a neighborhood watch program that citizens can be involved in. Mr. DeMorales reported that currently ASH has 320 sex offenders and the number grows by about four per month. He stated that the Colinga facility will be ready for occupation by Spring of 2004. In response to Eric Greening's question about qualification, Mr. DeMorales stated that two felony offenses, a mental disorder, or the capability to commit another offense is required before being placed in the program. Ann Ketcherside, resident of Atascadero, stated that one offense against a child is too many. She urged the Council to work towards stronger legislation. Mayor Johnson closed the Public Comment period. There was a Council Consensus to direct staff to address the issues brought forth and draft some letters to bring hack to the Council for approval and action. Mayor Johnson called a recess at 9:10 p.m. Mayor Johnson called the meeting back to order at 9:20 p.m. A. CONSENT CALENDAR: 1. City Council Minutes—August 22, 2000 ■ City Clerk recommendation: Council approve the City Council minutes of August 22, 2000[City Clerk] 2. El Camino Real Widening Project—Bid No. 2000-02 ■ Fiscal Impact: $207,875 ■ Staff recommendation: Council authorize the Mayor to execute an agreement with Souza Construction, Inc. to construct the El Camino Real Widening Project with maximum project expenditures of$207,875, including contingencies and construction engineering and make the necessary appropriations[Public Works Department] 3. El Camino Real Rehabilitation Project ■ Fiscal Impact: S523,700 ■ Staff recommendations: 1. Council authorize the Mayor to execute a work directive change with R. Burke Corporation to extend the limits of the El Camino Real Rehabilitation Project from Curbaril Avenue to the Highway 101 northbound off ramp for Highway 41 at a maximum additional cost of S115,400 and make the necessary appropriations. 2. Council authorize the reprogramming of the S115,400 in Urban State Highway Account funds for the El Camino Real Slurry Seal Project to the El Camino Real Rehabilitation Project. [Public Works Department] 4. Authorization to Purchase Vehicles ■ Fiscal Impact: $48,640 from the Police Department Budget. ■ Staff recommendation: City Council authorize purchase of two vehicles from Wondries Fleet Group for the Police Department. [Police Department] CC 09/12/00 Page 644 MOTION: By Council Member Luna and seconded by Mayor Pro Tem Arrambide to adopt the consent calendar. Motion passed 5:0 by a roll-call vote. (#A-2 Contract#2000-022) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Information Bulletin a. Employee Update D. COMMITTEE REPORTS: S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson commented that a combination of the two committees had been proposed, but it was decided that it was not necessary. Water Committees Council Member Clay thanked Eric Greening for keeping everyone up-to-date on water issues. Integrated Waste Management Authority Council Member Luna announced that they will meet tomorrow. He wanted to give the Council a heads-up on their meeting at which they reviewed a draft model Construction and Demolition Recycling ordinance. They decided at that time that the best minimums would be $50,000 for construction, 2,500 square feet for demolition, with a 50% recycling goal, and a 2% deposit. Economic Opportunity Commission Council Member Scalise reported that there is a real resolve and commitment from the EOC Board concerning the homeless in the North County. North County Homeless Coalition Council Member Luna agreed with Council Member Scalise that the homeless issue is a problem that everyone recognizes. It is just a question of getting together and doing something about it. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Mayor Johnson asked there has been any press releases concerning election signs. City Clerk Marcia McClure Torgerson responded, yes, and staff has been updated. Mayor Johnson commented that they celebrated the victory over Orange County at the League of Cities Conference, which was quite a feat. CC 09/12/00 Page 7 F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:30p.m. to the next Regular Session scheduled on September 26, 2000 at 7:00 p.m. MEETING RECORDED BY AND MINUTES PREPARED BY: Marcia McClure Torgerson, City Clerk Melanie Whaley, Deputy City Clerk CC 09/12/00 Page 8 6, 26 ITEM NUMBER: A-2 DATE: 10/10/2000 . • it A6 i'�� I` n 1918 Q 9 8 i \A' MIR-] Atascadero City Council Staff Report - Public Works Department Curbaril Bridge, Abutments and Right-of-Way RECOMMENDATION: Council to accept the abutments, pier and right-of-way from the existing Curbaril Bridge crossing the Salinas River for a future bridge. DISCUSSION: • Caltrans is in the process of removing the existing bridge on Curbaril Road (Br. No 57-0431 PM 18.4). This bridge was a temporary bridge to be used until the new SR 41 bridge is complete. The new SR 41 bridge is opened and Caltrans is finishing the SR 41 realignment project. The community has expressed interest in preserving the future possibility of a bridge crossing the Salinas River at the location of the existing bridge on Curbaril Road. Staff has submitted to the San Luis Obispo Council of Governments (SLOCOG)) a funding application for $382,500.00 from the 2000 State Transportation Improvement Program(STIP) for the design and construction of a new bridge. The bridge would serve pedestrians, horses, bicycles and emergency access. SLOCOG staff and The Technical Transportation Advisory Committee of SLOCOG has recommended the City receive $200,000.00 of 2000 State Transportation Improvement Program for a new bridge. Staff will be applying for an Environmental Enhancement and Mitigation Grant to cover the remaining costs. To help reduce the cost of the new bridge, Caltrans has offered to leave the abutments and piers in place so they could be used for the new bridge. Staff is working with Caltrans on which piers and abutments are need for the new bridge. Caltrans will be relinquishing their right-of-way over the bridge to the City. The County of San Luis Obispo and Caltrans have offered to give the City the two existing easements from the east side of the river to Templeton Road. This right-of-way and the abutments will help the City provide the new bridge. • FISCAL IMPACT: This action will reduce future cost for abutments and right-of-way for the future bridge. ITEM NUMBER: A-3 DATE: 10/10/2000 1918 @ ® 1978 Atascadero City Council Staff Report - Public Works Department RV Park Railroad Crossing RECOMMENDATION: Council adopt the Draft Resolution which authorizes the City Engineer to sign and submit, on behalf of the City of Atascadero, an application to the Public Utilities Commission of the State of California for an Order authorizing construction of a grade separation crossing over the tracks of the Union Pacific Railroad Company at the northerly extension of a private portion of El Camino Real in the City of Atascadero, San Luis Obispo County. DISCUSSION: • Background: The project, Atascadero Recreational Vehicle Park, consists of a Master Plan of Development (MPD) for Recreation Planned Development and will consist of a phased recreational facility that will include a transient occupancy recreational vehicle park. The site has a General Plan Designation of Recreation (REQ and a Zoning District of Recreation (L) with a Planned Development 9 overlay. The project site is located east of the Union Pacific Railway and west of the Salinas River. Graves Creek is on the north side of the proposed RV Park, and south of the Phase 1 site. Access to the proposed site will be through the commercial center along El Camino Real and across the railroad tracks. The Public Utility Commission (PUC) has jurisdiction on this issue. The City is required to submit an application to the PUC to gain approval for a bridge crossing over the railroad right of way. This request requires the City Council to adopt a resolution that authorizes the City Engineer to sign and submit the application. The applicant is proposing to construct twin bridges across the railroad tracks to the RV Park. This would be the project's only access. The Fire Department is requiring that there be two separate bridges, each with a minimum of 13.5-foot wide unobstructed driving lanes. Since the bridges cannot be designed to accommodate pedestrians, bike and pedestrian access will be provided along a Class I pathway running along Graves Creek from Phase 2 of the Home Depot shopping center. The trail will connect to the pedestrian/bike trail being provided on Phase I of . the proposed project. (See Attachment A for plans) 028 ITEM NUMBER: A-3 DATE: 10/10/2000 This item was submitted to the City Council at their September 26, 2000 meeting. The Council • expressed concern with the wording of the Draft Resolution as it did not clearly state that the City is applying for authorization to construct this crossing on behalf of the private property owner. Staff has amended the Draft Resolution to reflect the Council's direction. The new language is indicated by underlining and the deleted language is indicated by sl . FISCAL IMPACT: None, the Railroad crossing would be privately owned and constructed. ALTERNATIVES: Do not authorize the City Engineer to sign and submit an application to the Public Utilities Commission for an Order authorizing the construction of a railroad grade separation crossing over the tracks of the Union Pacific Railroad Company. Since this authorization is required to submit an application to the PUC and this is the only access point to the project, the project would not be constructed. ATTACHMENTS: Attachment A—Draft Resolution • 029 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY ENGINEER TO SIGN AND SUBMIT AN APPLICATION TO THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA FOR AN ORDER AUTHORIZING CONSTRUCTION OF A GRADE SEPARATION CROSSING ACROSS THE UNION PACIFIC RAILROAD COMPANY TRACKS WHEREAS, the City of Atascadero has prepared an application to the Public Utility Commission requesting to allow construction of a grade separation crossing of Union Pacific's tracks at the northerly extension of a private portion of El Camino Real in order to serve properties to the north of the tracks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: 1. The City Engineer is hereby authorized to sign and submit, on behalf of the City of Atascadero, an application to the Public Utilities Commission of the State of California for an Order authorizing construction of a railroad grade separation crossing over the tracks of the Union Pacific Railroad Company mat the northerly extension of a private portion of El Camino Real in the City of Atascadero, San Luis Obispo County. A copy of this application is on file in the City Clerk's department. 2. The City Clerk is directed to attest the execution of the application; 3. The City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Atascadero this 2410th day of She October, 2000, by the following vote on roll call: AYES: NOES: ABSENT: ATTEST: Marcia McClureTorgerson, City Clerk Ray Johnson, Mayor APPROVED AS TO FORM: Roy A. Hanley, City Attorney 030 ITEM NUMBER: C- 1 DATE: 10/10/2000 n 19Y8 � ® 1978 Atascadero City Council City Manager's Office Information Bulletin A. Employee Update Justin Pettyjohn Seasonal Firefighter Resigned 8/4/2000 Caine Slezak Service Worker, Pavilion Resigned 8/9/2000 Paul Weber Reserve Firefighter Resigned 8/27/2000 Steven Schnars Police Sergeant Hired 8/28/2000 John Schroeder Reserve Firefighter Resigned 8/29/2000 Jason O. Smith Reserve Firefighter Hired 8/30/2000 Vivian Witzel Office Assistant II Separated 9/1/2000 Zack Dahl Student Intern, Comm Dev Resigned 9/8/2000 • Desmond Gaona Reserve Firefighter Resigned 9/8/2000 Jeremy Ziegler Rec. Leader, Skatepark Hired 9/9/2000 Viviana Garcia Support Services Tech Resigned 9/16/2000 Elizabeth Denny Rec. Leader, R.E.C. Hired 9/20/2000 Annette Manier Office Assistant III Hired 9/27/2000 Ron Moret Building Inspector 11 Resigned 9/29/2000 • 031