HomeMy WebLinkAboutAgenda Packet 02/13/2001 AGENDA
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, FEBRUARY 13, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 4th Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
REGULAR SESSION, 7:00 P.M.:
PLEDGE OF ALLEGIANCE: Council Member Clay
ROLL CALL: Mayor Arrambide
Mayor Pro Tem Scalise
Council Member Clay
Council Member Johnson
Council Member Luna
APPROVAL OF AGENDA: Roll Call
PRESENTATIONS:
1. Proclamation declaring February 27, 2001 "Spay Day USA"
2. Proclamation declaring March 8, 2001 "California Polytechnic State University History
Day„
COMMUNITY FORUM:
(This portion of the meeting is reserved for persons wanting to address' the Council on any
matter not on this agenda and over which the Council has jurisdiction.- Speakers are limited to
five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda)
COUNCIL ANNOUNCEMENTS AND REPORTS:
(On their own initiative, Council Members may make a brief announcement or a brief report on
their own activities. Council Members may ask,a question for clarification, make a referral to
staff or take action to have staff place a matter of business on a future agenda. 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. Special Joint City Council/Planning Commission Minutes—January 17, 2001
■ City Clerk recommendation: Council approve the Special Joint City Council /
Planning Commission minutes of January 17, 2001 [City Clerk]
2. City Council Minutes—January 23, 2001
■ City Clerk recommendation: Council approve the City Council minutes of January
23, 2001 [City Clerk]
3. Acceptance of Phase II of Final Map 97003 / Tract 2271 —The Lakes (Midland Pacific /
Cannon Associates)
■ Fiscal Impact None
■ Staff recommendation: Council:
a. Accept Phase Hof Final Tract Map 97003/Tract 2271; and
b. Reject all Public Utility Easements shown on the Phase H final Tract Map
[Community& Economic Development]
4. Regulation of Telecommunications Systems—Proposed Ordinance
■ Fiscal Impact: No negative impact. Possible positive impact by imposition of
franchise fees and minimizing damages to road system.
■ City Attorney recommendation: Council adopt, on second reading by title only, an
ordinance of the City Council of the City ofAtascadero, relating to the regulation of
telecommunications systems which utilize public streets, rights-of-way, or other
public property. [CityAttorney]
B. PUBLIC HEARINGS:
1. Dissolution of Street Maintenance Districts
■ Fiscal Impact: Loss of 52100 annually
■ Staff recommendation: Council:
a. Receive public testimony regarding dissolution of the Street Maintenance
Districts; and
b. Approve the draft Resolution, dissolving maintenance districts involving
Aguila Avenue, Cayucos Avenue, Falda Avenue, Lobos Road, Maleza Avenue,
Pinal/Escarpa Avenues, San Fernando Road, and Sonora/Pinal Avenues,
established tinder the provisions of the Improvement Act of 1911 [Public
Works]
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C. MANAGEMENT REPORTS:
1. Cost Allocation and Development Impact Fee Study-Agreement --
■ Fiscal Impact: $89,125
■ Staff recommendation: Council:
a. Authorize the Mayor to execute an agreement with Revenue and Cost
Specialists, L.L.C.for a Master Facilities Plan, Development Impact Fee
Report, a Cost Allocation Plan and a User Fee Study; and
b. Authorize the Administrative Services Director to appropriate $89,125 from
the Reserve Fund. [City Manager]
2. Personnel Rules and Regulations—Update
■ Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution establishing Personnel Rules
and Regulations. [City Manager]
3. City of Atascadero Telephone System—Update Recommendation
■ Fiscal Impact: $19,635
■ Staff recommendation: Council authorize the City Manager to enter into an
agreement with Tedas Inc.for a phone and voicemail system for the City of
Atascadero. [City Manager]
4. Information Bulletin
D. COMMITTEE REPORTS:
(The following represent standing committees. Informative status reports will be given,
as felt necessary):
Mayor Arrambide
1. S.L.O. Council of Govemments(SLOCOG)/S.L.O. Regional Transit Authority(SLORTA)
2. Water Committees
3. County Mayor's Round Table
Mayor Pro Tem Scalise
1. Finance Committee
2. City/ Schools Committee
3. Economic Opportunity Commission(EOC)
4. Atascadero State Hospital Advisory Board
Council Member Luna
1. Finance Committee
2. Integrated Waste Management Authority (IWMA)
3. North County Homeless Coalition
Council Member Johnson
1. Economic Vitality Corporation, Board of Directors (EVC)
2. Local Agency Formation Commissions (LAFCO)
Council Member Cla
1. Air Pollution Control District (APCD)
2. City/ Schools Committee
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E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
2. City Attorney
3. City Clerk
4. City Treasurer
F. ADJOURNMENT:
THE NEXT CITY COUNCIL MEETING WILL BE A REGULAR SESSION
SCHEDULED ON FEBRUARY 27,2001,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 February 13, 2001 Regular Session of the
Atascadero City Council was posted on February 7, 2001 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 7`h day of February,2001 at Atascadero, California.
Marcia McClure Torgerson, City Cler
City of Atascadero
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City ofAtascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
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 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.
"SPAYDAYUSA
"
• FEBRUARY27, 2001
WHEREAS, Dogs and cats give companionship to and share the homes of over
50,000,000 individuals in the United States; and
WHEREAS, Two unaltered cats and their kittens can produce 420,000 more cats
in seven years, and two unaltered dogs and their puppies can produce 67,000 more dogs
in six years; and
_WHEREAS, Humane societies and shelters euthanize 4 to 6 million dogs and
cats each year, although many of them are healthy and adoptable, simply because there
are not enough good homes; and
WHEREAS, The problem of companion animal overpopulation costs the
taxpayers of this country millions of dollars annually through animal control programs
aimed at coping with the millions of unwanted dogs and cats; and
WHEREAS, Spaying and neutering dogs and cats has been shown to drastically
reduce dog and cat overpopulation; and
WHEREAS, Veterinarians, humane societies, and national and local animal
protection organizations worked together to ensure the spaying or neutering of more than
100,000 companion animals through "Spay Day USA" in 2000; and
WHEREAS, Veterinarians, humane societies and national and local animal
protection organizations have joined together again to advocate the spaying and
neutering of companion animals during "Spay Day USA 2001
NOW, THEREFORE, BE IT RESOLVED by the Atascadero City Council, that
February 27, 2001 is designated "Spay Day USA". The Mayor is authorized and
requested to issue a proclamation calling upon the people of Atascadero to observe the
day by having their own dogs or cats spayed or neutered or by sponsoring the paying or
neutering of another person's dog or cat.
/ r y
J. Michael Arrambide,Mayor
City of Atascadero, CA
Dated: February 13, 2001
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001
CALIFORNL4 POLYTECHNIC STATE UNIVERSITY HISTORYDAY
• MARCH 8, 2001
WHEREAS, History Day celebrates the 100 anniversary of legislation establishing
California Polytechnic School; and
WHEREAS, in the Fall of 2000, for the eighth consecutive year, U.S News & World
Report named Cal Poly the top public regional university in the west; and
WHEREAS, Cal Poly is renown for its high-quality graduates who can "hit the ground
running"; and
WHEREAS, Cal Poly attracts the state's best and brightest students; and
WHEREAS, Cal Poly has an educational philosophy of"learn by doing" — teaching the
hand, as well as the head; and
WHEREAS, Cal Poly is a residential campus that focuses on providing time and
resources for young students to discover values and interests in and out of the classroom;
and
• WHEREAS, Cal Poly has Ax academic colleges: Agriculture, Architecture and
Environmental Design, Business, Engineering, Liberal Arts, and Science and
Mathematics -offering 61 bachelors, 20 masters, 49 minor and 8 credential programs;
and
WHEREAS, Cal Poly is the areas largest employer, with more than 2,700 faculty and
staff, and
WHEREAS, the combined total economic impact of Cal Poly on the Cities and County of
San Luis Obispo, including direct and indirect spending is over $403,000,000 a year,
making Cal Poly the largest single source of income in the county;
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Atascadero and
on behalf of the City Council, I do hereby proclaim March 8, 2001 as "California
Polytechnic State University History Day.
1
Michael Arrambide, Mayor
City of Atascadero
February 13, 2001
002
ITEM NUMBER: A-1
DATE: 02/13/2001
MINUTES
SPECIAL JOINT MEETING . '
CITY COUNCIL / PLANNING COMMISSION
Wednesday, January 17, 2001
7:00 p.m.
TOWN HALL MEETING
GENERAL PLAN UPDATE OPTIONS
Mayor Arrambide called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance.
• ROLL CALL:
Present: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
Planning Commissioners Bentz, Fonzi, Jeanes, Kelley, Norton and Vice
Chairman Eddings
Absent: Planning Commission Chairman Carden
Others Present: City Clerk Marcia McClure Torgerson
Staff Present: City Manager Wade McKinney, Acting Community & Economic
Development Director Warren Frace, Public Works Director Steve Kahn,
Police Chief Dennis Hegwood, Acting Fire Chief Kurt Stone, and City
Attorney Roy Hanley.
INTRODUCTION:
City Manager Wade McKinney welcomed the audience to this next phase of the General Plan
Update. He explained the process that has brought Atascadero to this point and encouraged
community input.
003
DATE: 02/13/2001
1. General Plan Update Options
■ Staff recommendation: Council provide direction to staff and the consultant
regarding each of the seven proposed study area options for development of General
Plan land use alternatives as attached.
Acting Community & Economic Development Director Warren Frace gave the staff report,
explaining what the General Plan Update will encompass. He introduced Paul Crawford and
Susan Clark of Crawford, Multari and Clark.
Mr. Crawford explained the Framework Principles developed as a result of the eight community
workshops conducted in May 2000. He also explained the existing General Plan components
and offered an overview of the process of updating the General Plan. Mr. Crawford.then
answered questions of the Council and Commission.
PUBLIC COMMENT
Leo Korba, expressed his concerns with the General Plan Update.
Eric Greening, stated the wildlife corridors are important to protect. He also suggested zoning
Pine Mountain"Public."
Geraldine Brasher, asked how the Update will affect the build-out number in our existing
General Plan. She also stated that she feels Graves Creek should be protected from future
development.
Diane Mandala, asked for clarification of the map that shows an area being excluded at the south.
end of Atascadero next to the Eagle Ranch. Mr. Frace responded that the line separation is the •
southern city limits and east of Highway 101.
Joanne Main, urged the Council to remember that jobs are important....
Ray Jansen, reminded the Council to remember the wildlife.
Alan Thomas, asked if the property upstream from the Atascadero Lake will be developed and
how it will affect the Lake's future. Mr. Frace explained that property is zoned to be 1 % - 2/l/2
acres. He explained there is currently a proposed map of that property.
Joan O'Keefe, asked if there will be more time to review and comment on this update. Mayor
Arrambide responded that the seven recommendations of staff listed in.the report are the only
portions of this process that the Council is asking for input on tonight.
Robert Nimmo, stated that he remembers the City imposed a moratorium on the General Plan
zone changes but now he hears his property is now included in a study area which will add to the
timeframe. He asked when his proposal will be able to be presented to the City Council. Mr.
McKinney explained that there are approximately 40 requests of property owners that are being
reviewed as the General Plan is being updated. As a result, these proposals should be ready for
the Planning Commission by early summer.
Becky Pacas, stated that it appears that some of the lot lines are missing on parcels in her
neighborhood.
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ITEM NUMBER: A- 1
DATE: 02/13/2001
Jeff Hook, suggested that the West Side of Atascadero should not be excluded, especially to the
• Safety Element.
Livia Kellerman, asked how the building on Traffic Way, that is being built right next to the
sidewalk, was allowed to be built there. Mr. Frace explained that this building was approved 3
years ago and is considered a"storefront"building as is allowed in the downtown.
Leo Korba, asked if the new General Plan will address fire concerns for future subdivisions.
Gretchen Gray, stated she thinks Morro Road should have set backs.
Rob Phemister, asked that the proposed protected areas be listed more specifically.
Ursula Luna, stated that she hopes development standards will protect the wildlife areas and tree
coverage on the West Side of Atascadero.
Steve LaSalle, asked what the build-out number will be with the new General Plan.
Greg Smith, stated he owns property in the unincorporated area of Atascadero. He said that he
supports the staff recommendations.
Jim Patterson, complimented staff on their presentation tonight. He asked that Graves Creek be
added to the recommendation #2 as a high priority asset. He stated that he supports the 7
• recommendations listed in the staff report.
Mike Zappas, asked if affordable housing is being addressed in this update.
City Manager Wade McKinney explained the process of exclusion of property from the Study
Area.
George Highland, stated that housing is a mixed bag, affordable housing, apartments, single-
family, etc.
Mayor Arrambide closed the PUBLIC COMMENT period.
Mayor Arrambide called a recess at 8:45 p.m.
Mayor Arrambide called the meeting back to order at 8:52 p.m.
Mayor Arrambide asked Vice Chairman Eddings to ask his Commissioners to make any
comments on this issue.
Commissioner Jeanes stated she felt the redevelopment of the Downtown should be a priority.
Commissioner Fonzi asked how much affect does the City have on setting policy on the
unincorporated portions of Atascadero. Mr. Crawford answered the City can inform the County
• their preferences.
Commissioner Norton stated she supported the designation of the redevelopment of the
Downtown as a priority.
ITEM NUMBER: A—l
DATE: 02/13/2001
Commissioner Kelley expressed his concerns about affordable housing. '
- • C
Commissioner Bentz stated he supports the seven staff recommendations.
MOTION: By Vice Chairman Eddings and seconded by Commissioner Bentz to
recommend to the City Council approval of the 7 recommendations
listed in the staff report.
Motion passed 6:0 by a roll-call vote. (Carden absent)
Council Member Clay asked staff to bring back to the Council all possible options for affordable
housing.
i
Mayor Pro Tem Scalise asked for clarification on the recommendations. {
Council Member Luna stated he endorses all the staff's recommendations.
MOTION: By Council Member Johnson and seconded by Mayor Pro Tem
Scalise to support the Planning Commissions recommendation to
approve the seven proposed study area options for development of
General Plan land use alternatives as follows (with amendments
4
underlined): •
1. Designate the Single Family Suburban Areas generally west of US 101
and Pine Mountain as protected from new intensification of density or
uses as indicated in Attachment 16 and 16A.
E
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2. Identify the Lake Park, Atascadero Creek, Downtown and Stadium E
Park as high priority community assets that should be protected and
enhanced.
{
3. Designate the Public Zone along the Salinas River as the ultimate
eastern urban development boundary for the City of Atascadero.
s
4. Limit all alternatives to the existing colony boundaries.
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5. Designate the General Plan Study Area and direct staff to work with
the community to develop a 20-year land use plan and map for the
Study Area that utilizes Smart Growth Principles to address Revenue
Base, Well-Planned Neighborhood Issues and affordable housing as
indicated in Attachment 16 and 16A. .
C`JV
ITEM NUMBER: A-1
DATE: 02/13/2001
6. Identify El Camino Real, US 101, Morro Road and Traffic Way as
important community image corridors that should be addressed in the
General Plan as indicated in Attachment 13.
7. Develop policies for dealing with the development of Colony "paper
lots" adjacent to the City as indicated in Attachment 17.
ADJOURNMENT:
Mayor Arrambide adjourned the City Council meeting at 9:25 p.m. to the next scheduled
meeting on January 23, 2001 and the Planning Commission adjourned to it's next scheduled
meeting on February 6, 2001.
MEETING RECORDED AND MINUTES PREPARED BY:
Marcia McClure Torgerson, City Clerk
•
0- 07
ITEM NUMBER: A-2
DATE: 02/13/2001
DRAFT MINUTES -"
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, JANUARY 23, 2001
7:00 P.M.
City of Atascadero
6500 Palma Avenue, 41h Floor
Atascadero, California
REDEVELOPMENT AGENCY: 6:30 P.M.
CLOSED SESSION:
. 1. Conference with legal counsel (Govt. Code Sec. 54956.9 (c))
Potential participation in litigation with:
California Sportsfishing Alliance v. City of San Luis Obispo
2. Real Property Negotiations (Govt. Code Seca 54956.80
Potential lease of City property located at 5505 El Camino Real (Police Dept.)
Agency negotiator: City Attorney Roy A. Hanley
Negotiating party: Tacit Communications as agent for Sprint Spectrum PCS
Under Negotiation: Price and term
REGULAR SESSION, 7:00 P.M.:
Mayor Arrambide called the meeting to order at 7:00 p.m. Mayor Pro Tem Scalise let the Pledge
of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Luna,Scalise and Mayor Arrambide
Absent: None
SOthers Present: City Clerk Marcia Torgerson and City Treasurer David Graham
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Staff Present: City Manager Wade McKinney, Assistant City .Manager Brady Cherry,;
Police Chief Dennis Hegwood, Acting Fire. Chief Kurt Stone,
Administrative Services Director Rachelle Rickard, Public Works Director
Steve Kahn, Acting Community and Economic Development .Director
Warren ,Frace, Community Services Manager 'Geoff English, Public
Works Technician Valerie Humphrey,and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
MOTION: . By Council Member Luna and seconded by Mayor Pro Tem Scalise
to approve the agenda.
Motion passed 5:0 by a roll-call vote.
COMMUNITY FORUM:
Barbie Butz, 3370 San Fernando Road, announced to the. Council that Community Services
Manager Geoff English received a Community Service Award from the Chamber of Commerce.
Eric Greening, 6600 Lewis Ave., asked for a report on the Closed Session item concerning Ms.
Scarpace.
Mike Burn, 4064 Tranquila Avenue, Loaves and Fishes, invited the Council and the public to the
annual luncheon and business meeting at the Community Church on January 27, 2001.
Dwayne Holman, 10175 San Guillermo, was born in Atascadero and has worked in Parkfield for
31 years. He stated he recently moved back to Atascadero and has begun working with Loaves
and Fishes. He encouraged the Council to support ECHO (El Camino Homeless Organization)
in their efforts to help the homeless. •
John McGoff, 9192 Maple St., stated that he read in the paper that the ACLU is stating the City
of Atascadero should not be allowing the Boy Scouts to use the Pavilion basement at no charge.
Mr. McGoff said he supports City Attorney Ron Hanley's response stating that the Scouts have
paid in-kind for the improvements to the basement of the Pavilion. He encouraged the City
Council to support Mr. Hanley's opinion.
Mayor Arrambide closed the Community Forum.
i
Roy Hanley announced, on Item 1 of the Closed Session, the Council voted 5:0 not to participate
in the litigation.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Commissioner Appointment Process — Council to review and establish an appointment process
for City Commissioners.
Mayor Arrambide recommended that the decision on commissioner appointments be deferred
until their Strategic Planning Session has been held.
The Council voted unanimously by roll-call to table this item.
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A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—January 9, 2001 _
• City Clerk recommendation: Council approve the City Council minutes of Jamtary 9,
2001 [City Clerk]
2. Type III Fire Engine—Authorization to purchase
■
FiscalImpact: S184,449.00
■ Staff recommendation: Council authorize the purchase of a Type III Wildland Fire
Engine from West Mark Fire Apparatus. [Fire]
3. Radio Repeater Improvements—Authorization to spend grant funds
■ Fiscal Impact: S94,086 available from AB 3229 grant funds; and a savings of S127
per month
■ Staff recommendation: Council authorize the expenditure of grant fitnds to
implement improvements to the public safety radio repeater system. [Police]
4. FY 99-00 Street Rehabilitation Projects—Bid No. 2000-04
■ Fiscal Impact: S45,86666—project retention
■ Staff recommendation: Council accept the FY 99-00 Street Rehabilitation Projects as
complete and authorize the Administrative Services Director to release the project
retention in the amount of$45,866.66. [Public Works]
5. Acceptance of Final Parcel Map 99003 (AT 00-0011— 8930 Junipero Ave. (Bunyea)
■ Fiscal Impact: None
• Staff recommendation: Council.-
1.
ouncil.1. Accept the Final Parcel Map99003 (AT 00-001); and,
2. Reject without prejudice, the public utility easement (P.U.E.) shown on Final
Parcel Map 99003. [Community & Economic Development]
6. Energy Conservation—Request from State
■ Fiscal Impact: Savings through reduced energy costs
■ Staff recommendation: Council adopt draft Resolution 2001-001, announcing the
City's efforts toward energy conservation. [City Manager]
Mayor Pro Tem Scalise requested that Item 4A-2 be pulled.
MOTION: By Council Member Clay and seconded by Council Member Luna to
approve items #A-1,3, 4, 5 and 6 on the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
Battalion Chief Roland Snow of the Atascadero Fire Department discussed Item 2 at the request
of Mayor Pro Tem Scalise.
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Luna to
approve item #A-2 on the Consent Calendar.
Motion passed 5:0 by a roll-call vote.
•
B. PUBLIC HEARINGS: None
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C. MANAGEMENT REPORTS:
1. Youth/ Community Center Design Services .
■ Fiscal Impact: $104,000, based on the construction cost of 5850,000 •
■ Staff recommendation: Council authorize the Mayor to enter into Contract 2001-002
with Heiser and Associates, Inc. for the design services for the proposed Youth /
Community Center and authorize the related appropriations. [Community Services]
Assistant City Manager Brady Cherry gave the staff report and answered questions of Council.
PUBLIC COMMENT
George Dodge, 5670 Lobos, stated that the Optimist Club would contribute all of the proceeds
from its fundraising efforts during the next 24 months to the Youth Center. Mr. Dodge indicated
that he supports the choice of Heiser& Associates as they have a good reputation.
Eric Greening, 6600 Lewis Ave., asked that the new Youth Center be designed to be energy
efficient.
Mayor Arrambide closed the Public Comment session.
MOTION: By Council Member Clay and seconded by Council Member Luna to
authorize the Mayor to enter into an agreement with Heiser and
Associates, Inc. for the design services for the proposed Youth /
Community Center and authorize the related appropriations. •
Motion passed 5:0 by a roll-call vote. (Contract No. 2001-002)
2. Atascadero Road Program
■ Fiscal Impact: No immediate impact. The overall project will reduce the City's road
costs.
■ Staff recommendation: Council:
1. Receive the update on the Atascadero Public Works Department Actions.
2. Approve draft Resolution 2001-002, accepting portions of San Gabriel, San
Marcos Road, Cayucos Ave., Falda Road, Hermosilla, Lobos Ave., Ramage Ave.,
Sonora and Silla into the City Maintained Road System.
3. Approve draft Resolution 2001-003 of Intent to dissolve all Maintenance Districts
listed on Exhibit "A" of the Resolution.
4. Receive a report on Trench Carts and direct staff to come back to Council with a
Trench Cut Ordinance.
5. Receive a report on Development Standards and provide staff direction.
6. Receive a report on Assessment District and provide staff direction. [Public
Works]
Public Works Director Steve Kahn gave the staff report and introduced Joan Cox and Jeff
Cooper of Harris and Associates.
Joan Cox, explained assessment districts to the Council, and with Steve Kahn answered •
questions.
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PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., asked for clarification of his concerns about assessment
• districts. He also expressed concern for the new roads having speeding problems as a.result of
their improvement.
Joan O'Keefe, 9985 Old Morro Road East, asked for clarification on how the issue of different
roads being at different levels of improvement is addressed.
Mayor Arrambide closed Public Comment.
Joan Cox, in response to questions raised during Public Comment explained that maintenance
assessments and bond assessments are collected on the property tax bills, thereby making the
County responsible for collection.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to approve the draft Resolution, accepting portions of San Gabriel,
San Marcos Road, Cayucos Ave., Falda Road, Hermosilla, Lobos
Ave., Ramage Ave., Sonora and Silla into the City Maintained Road
System.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-002)
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Luna to
approve the draft Resolution of Intent to Dissolve all Maintenance
Districts listed on Exhibit "A" of the Resolution.
. Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-003)
MOTION: By Council Member Luna and seconded by Council Member Clay to
receive the report on Trench Cuts and direct staff to come back to
Council with a Trench Cut Ordinance.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to receive the report on Development Standards and direct staff to
come back with an ordinance for the Municipal Code where
residential development will be required to improve their frontage
with the City Engineer making the determination of what that
improvement is.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to receive the report on Assessment District and direct staff to come
back with a feasibility study showing several concepts of how
assessment districts could be handled.
Motion passed 5:0 by a roll-call vote.
•
CC 01/23/01
Page 5 "
3. State Route 41 Relinquishment—Lump-sum payment from State to City
■ Fiscal Impact: State to make lump-sum payment of 5334,300 to City ofAtascadero
■ Staff recommendation: Council authorize the Mayor to sign Cooperative Agreement
#05-CA-0089, between the City of Atascadero and the State of California,•which •
relinquishes a portion of State Route 41 (SR 41) to the City crud provides 5334,000 to
bring this portion of SR 41 into a "state of good repair. " [Public Works]
Council Member Clay announced that he would be stepping down on this item as his house is on
this road.
Public Works Director Steve Kahn gave the staff report and answered questions of Council.
PUBLIC COMMENT
_ Eric Greening, 6600 Lewis Ave., feels that the City must support the residents along the streets
in question, and should not let them fight Cal Trans alone.
Joan O'Keefe, 9985 Old Morro Road East, stated that she supports the comments of Mr.
Greening and feels that the residents in that area should have been told ahead of time of the
impact of the roads and that it is the City's responsibility to support the residents at this time.
Mayor Arrambide closed Public Comment.
The Council discussed the views expressed in Public Comment and there was consensus that the
City Engineer will work with Cal Trans to see that residents' concerns are addressed. •
MOTION: By Council Member Luna and seconded by Council Member Johnson
to authorize the Mayor to sign Cooperative Agreement, #05-CA-0089,
between the City of Atascadero and the State of California, which
relinquishes a portion of State Route 41 (SR 41) to the City and
provides $334,000 to bring this portion of SR 41 into a "state of good
repair.
Motion passed 4:0 by a roll-call vote. (Clay abstained)
(Contract No. 2001-003)
4. Facility Policies, Procedures and Fees—Recommended changes
■ FiscalImpact: Potential rental income increase of approximately S13,000 per year
■ Staff recommendation: Council approve draft Resolution 2001-004 amending the
City ofAtascadero Facility Policies, Procedures and Fees. [Community Services]
Community Services Manager Geoff English gave the staff report and answered questions of
Council.
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., stated he agrees with the staff recommendations, however he is •
leery of the grand-fathering issue.
CC 01/23/01 ' 13
Page 6
Joanne Main, Chamber of Commerce, stated her concerns with the increased rates and feels that
for the Chamber of Commerce to have to pay a 100 percent increase for their Saturday evening
events would be a hardship.
• Dave May, P.O. Box 642, Atascadero Education Foundation, stated his organization cannot
afford the proposed increase and would most likely look for another venue for their events if the
increase were approved. He supports the grand-fathering concept.
Marlene Lutz, 6680 Portola Road, Ladies Conference, stated her concerns with the increased
rates as they would have to increase their fees and this would affect their ability to provide an
affordable program to the women their functions target.
Steve LaSalle, Atascadero, urged the Council to consider the Pavilion and other facilities as a
community service and not increase the rates. He suggested a net lease as a possible option to
fee increases.
John McGoff, 9192 Maple St., suggested the Council consider that these facilities were not
established as enterprise activities.
Barbie Butz, 3370 San Fernando Road, suggested the Council consider the non-profit groups in
their decision.
Mayor Arrambide closed Public Comment.
There was lengthy discussion on the issue of different rates for non-profit organizations.
• Mayor Arrambide feels that the resolution is too confusing at this time and that the facility is an
excellent one and its use should be encouraged.
MOTION: By Council Member Johnson and seconded by Council Member Clay
to approve draft Resolution, amending the City of Atascadero Facility
Policies, Procedures and Fees with the following amendments:
1. Retain the original number capacity at the Pavilion(page 3);
and
2. Non-profit groups must reserve the Pavilion for a minimum of
8 hours on Saturday.
3. Eliminate language that would require non-profit groups to
pay the private group rate on Saturdays.
Motion passed 4:1 by a roll-call vote. (Mayor Arrambide opposed)
5. Legislative Priorities 2001
■ Fiscal Impact: None
■ Staff recommendation: Council adopt draft Resolution 2001-005 establishing the
City's legislative priorities for 2001. [City Manager]
City Manager Wade McKinney gave the staff report and answered questions of Council.
•
CC 01/23/01 C 14
Page 7
PUBLIC COMMENT
Eric Greening, 6600 Lewis Ave., stated he supports the removal of the item on page 122 and 125
concerning biosolids. Also, he urged the Council to remove the item on page 125 under County •
Priorities encouraging the Salinas Reservoir expansion.
Mayor Arrambide closed Public Comment.
MOTION: By Council Member Johnson and seconded by Council Member Luna
to adopt draft Resolution, establishing the City's legislative priorities
for 2001 with the following amendments:
1. Page 122, delete bulleted item on biosolids
2. Flag the promotion of federal and state efforts towards open
space.
3. Page 123 under COMMUNITY DEVELOPMENT, last item to
read: Promote the principles of Smart Growth as adopted by the
City Council.
4. Page 125 under COUNTY PRIORITIES revise bulleted item to
read: Protect Atascadero water resources, and continue to support
the Nacimiento Pipeline Project.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2001-005)
6. Live Scan Fingerprint System—Request to implement
■ Fiscal Impact: S6,263.25 annually as of FY 200112002. It is anticipated that 50% or
more will be offset by the revenue generated in the implementation of this system. .
■ Staff recommendation: Council authorize the implementation of the Live Scan
fingerprinting system. [Police]
Police Chief Dennis Hegwood introduced Police Lieutenant John Couch who gave the staff
report and answered questions of Council.
PUBLIC COMMENT: None
MOTION: By Council Member Luna and seconded by Council Member Clay to
authorize the implementation of the Live Scan fingerprinting system.
Motion passed 5:0 by a roll-call vote.
7. Information Bulletin
D. ATTORNEY REPORTS:
1. Regulation of Telecommunications Systems—Proposed Ordinance
■ Fiscal Impact: No negative impact. Possible positive impact by imposition of
franchise fees and minimizing damages to road system.
■ City Attorney recommendation: Council introduce, on first reading by title only, an
ordinance of the City Council of the City of Atascadero, relating to the regulation of •
telecommunications systems which utilize public streets, rights-of-way, or other
public property. [CityAttorney]
CC 01,23,01 C
Page 8
City Attorney Roy Hanley gave the report and answered questions of Council.
• PUBLIC COMMENT None -
MOTION: By Mayor Pro Tem Scalise and seconded by Council Member Clay to
introduce, on first reading by title only, an ordinance of the City
Council of the City of Atascadero, relating to the regulation of
telecommunications systems which utilize public streets, rights-of-
way, or other public property.
Motion passed 5:0 by a roll-call vote.
E. COMMITTEE REPORTS:
Mayor Arrambide
1. Water Committees will be meeting with Atascadero Mutual Water on Thursday, January
25th
2. County Mayor's Round Table met and addressed a number of issues including the big
box event in San Luis Obispo.
Mayor Pro Tem Scalise
1. City/ Schools Committee will meet February 5th
2. Economic Opportunity Commission (EOC): Will be having a two-da retreat.
3. Atascadero State Hospital Advisory Board: Will meet on February 5t .
• Council Member Luna
No reports
Council Member Johnson
1. Economic Vitality Corporation, Board of Directors (EVC): Will be meeting on January
24th.
2. Local Agency Formation Commissions (LAFCO): Approved an eight-house
development entry into the CSD in Nipomo but the building permits will come out of the
growth cap.
Council Member Clay
No reports
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Clerk
The City Clerk inquired if the Council wished to have the Commission candidate interviews set
on February 13th before the next regular meeting. The Council agreed.
• G. ADJOURNMENT:
Mayor Arrambide adjourned the meeting at 10:43 p.m. to the next regular session on February
13, 2001 at 7:00 p.m.
CC 01/23/01
Page 9
ITEM NUMBER: A-3
® p DATE• 02/13/01
iais' a s.
N-79
_
Atascadero City Council
Staff Report.- Community Development Department
Acceptance of Phase II of Final Tract Map 97003 / Tract 2271
The Lakes
(Midland Pacific / Cannon Associates)
RECOMMENDATION:
1. Council accept Phase II of Final Tract Map 97003 /Tract 2271; and
2. Council reject all Public Utility Easements shown on the Phase 11 Final Tract
Map.
DISCUSSION:
•
Tentative Tract Map 97003 was approved by the City Council on February 9, 1999 in
conjunction with General Plan Amendment 97001 and Zone Change 97002 which is
known as The Lakes project. The tentative map approval allowed the subdivision of
142± acres into 123 single-family lots, and 8 open spaces lots as shown on Attachment 1.
The tentative map approval allows for the recording of phased final maps. This
acceptance is for the second phase Final Map, which will create 34 single-family lots.
Pursuant to California Government Code Section 66440 the approving legislative body
(City Council) can not deny a final map that is consistent with an approved tentative map.
Staff has determined that the Final Map is consistent with Tentative Tract Map approval
97003, and all conditions of approval imposed by the City Council have been satisfied.
There are no public dedications that need to be accepted as part of the Final Map.
FISCAL IMPACT: None
ATTACHMENTS: Attachment 1: Phase II Final Map—Tract 2271
•
C
ITEM NUMBER: A-3
DATE: 02/13/01
Attachment 1
Phase 11 Final Map-Tract 2271
The Lakes
Midland Pacifc/Cannon Associates
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019
ITEM NUMBER: A-4
DATE: 02/13/2001
• Teim a a
1918 } 1978
Atascadero City Council
City Attorney Report
Regulation of Telecommunications Systems
Proposed.Ordinance
RECOMMENDATION:
That the Council adopt on second reading, by title only, an ordinance of the City Council of the
City of Atascadero relating to the regulation of telecommunications systems which utilize public
streets, rights-of-way, or other public property.
• DISCUSSION:
At the last regular City Council meeting the Council introduced on first reading by title only a
proposed Telecommunications Regulatory Ordinance. The ordinance was introduced on a 5-0
vote. Ordinances must have two readings. They are introduced on first reading and adopted on
second reading. The second reading must take place at a regular meeting and must be at least five
days after the first reading. There is no additional information to report from the staff report on
first reading. That staff report is available for review at the City Clerk's office.
If there are any changes made to the ordinance at this meeting, then the reading becomes another
first reading and the newly introduced ordinance must be brought back for a second reading at a
subsequent regular City Council meeting. Typographical errors and similar changes can be made
without requiring further review.
FISCAL IMPACT:
No negative fiscal impact. The fiscal impact is impossible to quantify at this point. Any
franchise fees will be a positive impact, and the ability to regulate will be neutral impact in that
the regulation will simply pay for itself. The benefit to the City of the regulation is to decrease
the amount of damages to the City's roads and decrease the impacts upon its citizens.
��Q
ITEM NUMBER: A-4
DATE: 02/13/2001
ALTERNATIVES:
There is no legal requirement that the City adopt such an ordinance. In the absence of an
ordinance, the telecommunications company will be free to do as they will. For this reason, staff
does not recommend this alternative.
ATTACHMENTS: Proposed ordinance.
•
S DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO RELATING TO THE REGULATION OF
TELECOMMUNICATIONS SYSTEMS WHICH UTILIZE PUBLIC
STREETS, RIGHTS-OF-WAY OR OTHER PUBLIC PROPERTY
The City Council of the City of Atascadero ordains as follows:
SECTION 1:
1.10.010 Title.
This ordinance, sometimes referred to herein as the "Ordinance", may be known and cited as
the Telecommunications Regulatory Ordinance for the City of Atascadero.
1.10.020 Construction.
• This chapter shall be construed in accordance with the applicable federal and state laws
governing Telecommunications Carriers, Telecommunications Services, Telecommunications
Systems, and Telecommunications Facilities.
1.10.030 . Scope.
This chapter shall apply within the geographical limits of the City.
1.10.040 Severability.
If any word,phrase, sentence,part, section, subsection, or other portion of this Ordinance, or
any application thereof to any person or circumstance is declared void, unconstitutional, or invalid
for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the
proscribed application thereof, shall be severable, and the remaining provisions of this Ordinance,
and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain
in full force and effect.
C22
1.10.050 Definitions. 40
For purposes of this Ordinance, and where not otherwise inconsistent with the context of a
particular section, the defined terms,phrases, words, abbreviations, and their derivations shall have
the meaning given in this section. Where not defined herein, terms shall be as defined in the Act.
When not inconsistent with the context, words in the present tense include the future tense, words
used in the plural number include words in the singular number, and words in the singular number
include the plural number. The word "shall" is mandatory and not merely directory.
"Act" means the Telecommunications Act of 1996, as amended from time to time.
"Affiliated Person" or "Affiliates," means each Person who falls into one or more of the
following categories: (i) each Person having, directly or indirectly, a Controlling Interest in a
Telecommunications Carrier; (ii) each Person in which a Telecommunications Carrier has, directly
or indirectly, a Controlling Interest; (iii)each officer, director,general partner, limited partner holding •
an interest of five percent (5%) or more, joint venturer, or joint venture partner in a
Telecommunications System in the City; and (iv) each Person, directly or indirectly, controlling,
controlled by, or under common Control with a Telecommunications Carrier; provided that
"Affiliated Person" excludes the City, any limited partner holding an interest of less than five percent
(5%) in a Telecommunications Carrier, or any creditor of a Telecommunications Carrier, solely by
virtue of its status as a creditor, and which is not otherwise an Affiliated Person by reason of owning
a Controlling Interest in,being owned by, or being under common ownership, common management,
or common Control with a Telecommunications Carrier.
"Applicant" means a Person submitting an Application or Proposal to the City for a License
or Franchise to provide Telecommunications Services or operate a Telecommunications System •
under the terms and conditions set forth in this Ordinance and any required State or federal
C23
• regulations. _
"A_pplication" or "Proposal" are synonymous for the purposes of this Ordinance. An
"application" or "proposal" means the process by which the Applicant submits a request for an initial
authorization, not inclusive of a renewal proposal, and indicates a desire to be granted a
telecommunications license or franchise (where required) for all, or a part, of the City. An
application or proposal includes all written documentation, and verbal statements and representations,
in whatever form or forum made by an Applicant to the City concerning the construction, rendering
of services, maintenance, or any other matter pertaining to the proposed Telecommunications System.
"Assignment" or "Transfer" means any assignment, transfer, sale or other transaction of a
franchised or licensed Telecommunications System, or its corporate or partnership parent, which has
the effect of changing the operational, managerial, or financial Control of the Telecommunications
• System or the Telecommunications Carrier.
"City Council" means the City Council of the City.
"Cable operator" means any Person or group of Persons who:
1. Provides Cable Service over a Cable System and directly or through one or
more Affiliates owns a Controlling Interest in such Cable System; or
2. Otherwise controls or is responsible for, through any arrangement, the
management and operation of such a Cable System.
"Cable System" or "Cable Television System" means a facility consisting of a set of closed
transmission paths and associated signal generation,reception and control equipment that is designed
to provide Cable Service as defined in the Cable Act and which is provided to multiple subscribers
• within the City. However, such terms do not include the following:
-3-
e. 924
I. A facility that serves only to retransmit the television signals of one Qr more •
broadcast stations; or
2. A facility that serves subscribers without using any,public right-of-way; or
3. A facility of a common carrier which is subject, in whole, or in part, to the
provisions of Title II of the Communications Act of 1934, except that such facility shall be
considered a Cable System (other than for purposes of Section 621(c) of the Cable Act, codified at
47 USC 541) to the extent such facility is used in the transmission of video, voice, or data
programming or services directly to subscribers; or
4. Any facilities of any electric utility used solely for operating its electric utility.
"CEQA" shall mean the California Environmental Quality Act, Section 21000 et seq. of the
Public Resources Code of the State of California.
"Consultant" shall mean the entity hired by the Telecommunications Caer under the
supervision of the City to inspect construction and to locate utilities.
"Control" or "Controlling Interest" means actual working control in whatever manner
exercised, including, without limitation, working control through ownership, management, debt
instruments, or negative control, as the case may be, of the Telecommunications System, the
Telecommunications Carrier. A rebuttable presumption of the existence of Control or a Controlling
Interest shall arise from the beneficial ownership, directly or indirectly, by any Person or group of
Persons acting in concert (other than underwriters during the period in which they are offering
securities to the public) of twenty percent (20%) or more of any Person (which Person or group of
Persons is referred to as "Controlling Person"), or being a party to a management contract.
"City" means the City of Atascadero, California. •
-4-
( ?5
• "Easement" means and shall include any public easement or other compatible use created by
dedication, or by other means,to the City for public utility purposes or any other purpose whatsoever.
"Excess Capacity" means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for use
for additional Telecommunications Facilities.
"FCC" or "Commission" means the Federal Communications Commission and/or such other
federal regulatory agency as now or in the future may have jurisdiction to oversee
Telecommunications Carriers.
"Fiber Cable" or "Fiber Optic Cable" means very thin and pliable cylinders, or strands of
glass or plastic, or any future functional equivalent, used to carry wide bands of multiple frequencies.
"Franchise" means an authorization or subsequent renewal granted by the City in order for
• a Person to 'construct, operate, and/or maintain a Telecommunications
which w
System provides
Y
Telecommunications Services in all or part of the City.
"Franchise Agreement" means the separate contract by which the City grants a
Telecommunications Carrier the right to operate a Telecommunications System within all, or a part,
of the City.
"Franchise Expiration" or "Franchise Agreement Ex irp ation" means the date of expiration or
the end of the term of a Franchise Agreement.
"Franchise Fee" means a fee or charge that the City requires as payment for the privilege of
using the Streets, Public Rights-of-Ways, and Easements of the City in order to construct, maintain
and operate a Telecommunications System or to provide Telecommunications Services to residents
• of the City.
-5-
0 6
"Franchised Telecommunications Carrier" means a Person that is awarded a Franchise by the •
City to construct or operate a Telecommunications System within all or part of the City.
"Franchising Authority" means the City Council.
"Functional Equivalent" or "Functionally Equivalent" with respect to a specifically named or
referenced piece of Telecommunications Equipment means another piece of Telecommunications
Equipment that has either:
1. The same or substantially similar characteristics qualities, operational
capabilities, design functions as the original, specifically named or referenced piece of
Telecommunications Equipment; or
2. Operates in substantially the same form and fashion as the original specifically
named or referenced piece of Telecommunications Equipment; or
3. Operates in a technologically superior manner to the original, specifically
named or referenced piece of Telecommunications Equipment.
"Grantee" means a person who has been granted a Licensee or Franchise pursuant to this
Section.
"License" means an authorization to construct a Telecommunications System in the City
which does not provide Telecommunications Services to residents of the City.
"License Fee" means an annual fee or charge that the City requires as payment for the
privilege of using Streets, Public Rights-of-Way, and Easements to constrict, maintain and operate
a Telecommunications System which does not provide Telecommunications Services to residents of
the City.
"Nodes" shall mean the cabinet and equipment, including power supply, fans, gas generators,
-6-
C 7
• batteries and optical to electrical converters, located in the neighborhoods, which serve-homes,
businesses, and institutions, and which is the point where fiber facilities and coaxial facilities are
connected.
"Ordinance" means this regulatory ordinance for the City.
"Other Ways" means the highways, streets, alleys, utility easements or other rights-of-way
within the City, but under the jurisdiction and control of a governmental entity other than the City.
"Overhead Facilities" means utility poles, utility facilities and telecommunications facilities
located above the surface of the ground, including the underground supports and foundations for such
facilities.
"Pedestal" shall mean an above-ground enclosure which houses active and/or passive
equipment relating to the Telecommunications System.
• "Person" means any individual, corporation, estate, trust, partnership,artnershi , association of two or
tP
more Persons having a joint common interest, or joint stock company.
"Power Supply" shall mean an electronic or gas driven device designed to provide electrical
power to all or a portion of the Telecommunications System.
"Private Communications Network," or "PCN" or "Private Communications System" means
any ancillary or aligned component of a Telecommunications System consisting of communications
lines, cables, equipment or facilities which are used to provide telecommunications service that in
any manner uses or occupies the streets, easements,public ways, or rights-of-way within the City(as
annexed). However, "private communications network" does not include any part of a State or FCC
licensed local exchange telephone company or any part of a federal, state, county or local government
• owned Telecommunications System.
-7-
Cr)8
"Proposed Abandonment of Telecommunications Service" or "Proposed Withdrawal of •
Telecommunications Service" or "Proposed Cessation of Telecommunications Service" means the
actual or imminent,or expected(either voluntary or involuntary)disruption, discontinuance, desertion
or removal of a Telecommunications Carrier's operation and provision of Telecommunications
Service from all, or part, of the City for a projected period exceeding four months in duration.
"Public Property" means and includes all real property owned, operated or controlled by the
City, other than Streets, Public Rights-of-Way, sidewalks and Easements, and all property held in a
proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as
provided in this Ordinance.
"Public Right-of-Way" means any public street, public way, public place or rights-of-way,
now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and
additions thereto, owned, operated and/or controlled b the Cit or subject to an easement owned •
p Y Y J by
City.
"Pull Box" shall mean a flush mounted or above-ground housing which encloses one or more
conduit openings.
"PUC" means the California Public Utilities Commission.
"Revocation," "Termination" or "Nonrenewal" means an official act by the Franchising
Authority that removes, repeals or rescinds previously approved authorization for a licensed or
Franchised Telecommunications Carrier to operate a Telecommunication System within the City.
"State" means the State of California.
"Street" means the surface of, and the space above and below a public street (or any path or
thoroughfare designated for vehicular and/or pedestrian traffic), or other easement now or hereafter
-8-
C09
• held by the City (including any street, as defined, which is acquired by eminent domain)-for the
purpose of public travel.
"Subscriber" means a Person lawfully receiving or using a Telecommunications Service
delivered by a Telecommunications Carrier over a Telecommunications System.
"Stu 1p us Space" or"Surplus Capacity" means that portion of the usable space on a utility pole
or other Telecommunications Facilities which has the necessary clearance from other users, as
required by the orders and regulations of the California Public Utilities Commission (PUC)to allow
its use by a Telecommunications Carrier.
"Tap" means an electronic pathway,by way of wire, coaxial, fiber, or otherwise between that
portion of the Telecommunications System located in the public rights-of-way and the subscriber's
residential, commercial, or industrial structure.
• "Telecommunications" means the transmission, between or among points specified b the
� p P Y
user, of information of the user's choosing, without change in the form or content of the information
as sent and received.
"Telecommunications Carrier" means (i) any owner, by way of fee ownership, lease,
management agreement, of any Telecommunications System or Telecommunications Facilities, or
(ii) the direct or indirect provider of Telecommunication Services whether the Telecommunication
Service is offered by the owner of the Telecommunications System, an affiliate, or a related entity,
by way of ownership, lease, control, or operation of a Telecommunications System. A Person shall
be deemed a Telecommunications Carrier, even if it does not directly provide Telecommunications
Services, if it rents or leases a Telecommunications System and/or Telecommunications Facilities to
• another Person which provides Telecommunications Services.
-9-
03
"Telecommunications Equipment" means equipment, other than customer .premises S
equipment, used by a carrier to provide Telecommunications Services, and includes software integral
to such equipment(including upgrades)which are not located, in whole or in part, in, above, or below
Streets, Public Rights-of-Way or other public property.
"Telecommunications Facilities" shall mean any equipment located, in whole or in part, in,
above, or below Streets, Public Rights-of-Way, or other public property used by the
Telecommunications Carrier in its Telecommunications System including without limitation,
conduits, cables, cabinets,Nodes, structures, headend equipment, receive only earthstations, down
link equipment and antennas, electronics, fiber cable, coaxial cable, drops and switching equipment
whether part of a stand-alone system or in conjunction with or as part of a Cable System.
"Telecommunications Service" means the offering of Telecommunications for a fee directly
to the public, or to such classes of users as to be effectively available directly to the public, regardless
of the facilities used.
"Telecommunications S,, sem" means an operating system which is located, in whole or in
part, on, in, above, or below Streets, Public Rights-of-Way, or other public property which is
designed and utilized, in whole or in part, to provide Telecommunications Services. A
Telecommunications System may be built in conjunction with, or be part of, a Cable System.
"Telephone Company" means every person within the scope of Public Utilities Code Section
7901 who has constructed or may construct telegraph or telephone lines.
"Underground Facilities" means utility and Telecommunications Facilities located under the
surface of the ground, excluding the underground foundations or supports for overhead facilities.
"Usable Space" means the total distance between the top of a utility pole and the lowest •
-10-
possible attachment point that provides the minimum allowable vertical clearance as specified in the
orders and regulations of the PUC.
"USC" means the United States Code.
"Utility Easement" means any easement owned by the City or acquired, established, dedicated
or devoted for public utility purposes not inconsistent with Telecommunications Facilities.
"Utility Facilities" means the plant, equipment and property, including but not limited to the
poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above
the surface of the ground within the public ways and used or to be used for the purpose of providing
utility or Telecommunications Services.
1.10.060 Administration--Declaration of Powers and Authority.
A. The City Manager is designated the officer of the City that is responsible for the
• continuing administration of this Ordinance and matters related to Telecommunications Service.
B. Unless prohibited by federal, State or local law, the City Manager may further
delegate his/her powers and authority to a duly authorized representative with respect to administering
this Ordinance or an applicable Franchise or License.
1.10.070 Applicability of this Ordinance to a Telecommunications Carrier.
A. The provisions of Section 1.10.340 of this Ordinance shall apply to all
Telecommunications Carriers, that use public rights-of-way and property and, with respect to all other
provisions contained within this Ordinance, those provisions shall be applicable to a
Telecommunications Carrier unless such Telecommunications Carrier, and all of its activities, are
hereunder exempted from this Ordinance.
• B. Subsection A of this section is not intended to repeal, and does not have the effect of
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repealing, any current Franchise Agreement that presently exists. - •
1.10.080 Exemption from Certain Provisions of this Ordinance for Certain
Telecommunications Carriers.
A. Telecommunications Carriers and users who are exempted from complying with the
provisions of Sections 1.10.350-390 of this Ordinance ("Exempt Carriers") are as follows:
1. A Telecommunications Carrier that is exempted from Sections 1.10.350-390
of this Ordinance as a result of federal or State law;
i
2. A Telecommunications Carrier that is exempted from Sections 1.10.350-390
of this Ordinance as a result of an applicable FCC or PUC ruling; or
3. A Telecommunications Carrier that is exempted from this Ordinance as a
result of an applicable final judicial ruling from which no subsequent appeal can be taken.
4. A Telecommunications Carrier which is also a Cable Operatoror •
controls all or part of a Cable System which is utilized in, or is part of, the Telecommunications
System if, and only if, the Telecommunications Carrier, directly or through an Affiliate, pays a
Franchise Fee to the City on all revenues generated to the Telecommunications Carrier from its Cable
Service and non-cable service activities and operations relating to the Cable System, including, but
not limited to, lease or Rental Fees paid to the Cable Operator, or any related entity, by any Person
for use of the Cable System, or a portion thereof, or Telecommunications Facilities which are
common to the Cable System and a Telecommunications System. If Franchise Fees are not paid on
non-cable services pursuant to its cable franchise, a separate Franchise pursuant hereto is hereby
required.
B. It is expressly understood that Exempt Carriers remain exempted only as long as they •
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• meet one or more of the criteria of this particular section and only as to those activities WITich are
specifically exempt from one or more of the provisions of this Ordinance.
C. An Exempt Carrier is exempt only from Sections 1.10.350-390 of this Ordinance and
only as to those activities which are specifically exempt from one or more of the provisions of this
Ordinance. Consequently, such Exempt Carriers shall abide by, and comply with, any other
applicable local, state or federal laws and regulations, including any applicable federal, or state
consumer protection, or customer service laws and regulations.
D. A Telecommunications Carrier shall file a petition for exemption containing all
information reasonably required by the City. The burden of persuasion and proof shall be on the
requesting Telecommunications Carrier.
1.10.090 Telecommunications Carriers Seeking Relief from This Ordinance.
• A. An Telecommunications Carrier over
Any governed by this Ordinance may file a written
petition, at any time, with the City Council seeking relief from one or more provisions of this
Ordinance. A Telecommunications Carrier may specifically request the exemption from, or delay
in implementation of one or more provisions of this Ordinance. Also, the Telecommunications
Carrier may request that a specific provision of this Ordinance apply to such Telecommunications
Carrier for a specified length of time or duration. The burden of persuasion and proof shall be on the
requesting Telecommunications Carrier. The petition shall set forth the relief requested and the basis
thereof with such supporting information and material as may be applicable and as requested by the
City.
B. In order to receive any relief from one or more of the provisions of this Ordinance, a
• Telecommunications Carrier must demonstrate and prove to the City Council reasonable satisfaction
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that at least one of the following facts exist: •
1. That compliance with a particular provision and/or requirement would be
commercially impracticable; or
2. That the Telecommunications Carrier has its own construction, maintenance,
operation or customer service policies, which the City Council deems comparable to, or which
exceed, any provision and/or requirement from which the Telecommunications Carrier seeks relief,
or
3. That the health, safety and welfare interests of the City otherwise warrant the
granting of such relief.
C. As an alternative to seeking an exemption, or requesting relief, a Telecommunications
Carrier may petition for clarification concerning the precise intent and effect that one or more
provisions or sections of this Ordinance has on the petitioning •
p p g Telecommtmications Carver.
D. In those instances in which a Telecommunications Carrier submits a petition for relief
or clarification in accordance with this section, the petitioning Telecommunications Carrier shall pay
the actual and reasonable costs to the City for processing such a petition, including costs incurred by
outside consultants who are retained by the City to review a petition. At the time such a petition is
filed with the City, the City Manager shall estimate the amount of said costs and the petitioning
Telecommunications Carrier shall deposit the amount of said estimate with the petition.
1.10.100 Failure of the City to Enforce this Ordinance.
A Telecommunications Carrier shall not be excused from complying with any of the
requirements of this Ordinance, or any subsequently adopted amendments to this Ordinance, by any
failure of the City on any one or more occasions to seek, or insist upon, compliance with such
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• requirements or provisions.
1.10.110 Telecommunications Carriers or Its Assignees Subject to Present and Future
Ordinances and/or Resolutions.
A. To the extent not inconsistent with applicable law, any Telecommunications Carrier,
its assignees, or transferees shall be subject to, and expected to comply with, all applicable ordinances
and/or resolutions now or hereafter adopted and in effect within the City, including this Ordinance,
to the extent that said Telecommunications Carrier has not received an exemption or relief from said
ordinance(s) and/or resolution(s).
B. Any Telecommunications Carrier, its assignee, or transferee shall be subject to all
federal and State laws and with all riles and regulations issued by all applicable regulatory agencies
now or hereafter in existence.
• C. To the extent not inconsistent with applicable law,, any Telecommunications Carrier,
its assignee, or transferee shall be subject to all enactments which constitute lawful exercises of the
City's police power.
D. With respect to future ordinances and/or resolutions noted in this section, to the extent
not inconsistent with applicable law,nothing contained herein prevents a Telecommunications Carrier
from exercising any and all of its administrative, and legal rights in order to challenge the
constitutionality, applicability, and enforceability of said future ordinances and/or resolutions.
1.10.120 Resolution of Inconsistencies with Federal or State Rules, Regulations or Laws.
In any case of an actual inconsistency between any provision or section of this Ordinance and
any provision or section of a federal or State rule, regulation, or law, the federal or State rule,
• regulation or law shall supersede the effect of this Ordinance unless such federal or State rule,
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regulation or law does not preempt, supersede, or make invalid the inconsistency. - . •
1.10.130 Resolution of Conflicts Between this Ordinance and a Subsequent Franchise
Agreement or License.
Where there is a conflict between this Ordinance and a subsequently granted Franchise
Agreement or License, this Ordinance shall control and prevail, unless administratively or judicially
determined invalid, unenforceable, or unconstitutional.
1.10.140 Force Majeure.
Notwithstanding the other provisions of this Ordinance, a Telecommunications Carrier shall
not be held in violation or material breach, default,or noncompliance of this Ordinance or a Franchise
Agreement, nor suffer any enforcement or penalty relating thereto (including where applicable,
termination, cancellation or revocation of a Franchise or Franchise Agreement or License), where
such violation, breach default or noncompliance occurred or was caused •
p by the force of an
earthquake, flood, tidal wave, hurricane, or similar act of nature, or other event that is beyond a
Telecommunications Carrier's ability to reasonably anticipate and control.
1.10.150 Notices.
A. Both the City and each Telecommunications Carrier shall provide the other with the
name and address of the contact designated to receive notices, filings,reports, records, documents and
other correspondence. All notices shall be delivered to each party's contact by certified mail, return
receipt requested, personal service with a signed receipt of delivery, overnight with receipt
verification, or facsimile. All other filings, reports, records, documents and other correspondence
may be delivered by any legally permissible means including, but not limited to, facsimile
transmission, personal service, overnight mail, or package delivery. The delivery of all notices, •
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• reports, records and other correspondence shall be deemed to have occurred at the time of receipt
unless otherwise designated by State lay.
B. If the Telecommunications Carrier is required to maintain a Franchise, then the
designation of such contact person for notice purposes may be contained within a Franchise
Agreement or License.
1.10.160 Indemnity.
A. Except as provided in or as supplemented by any Franchise Agreement or License, and
to the maximum extent permitted by applicable law, a Telecommunications Carrier shall at all times
defend, indemnify, protect, save harmless, and exempt the City, the City Council, its officers, agents,
servants, attorneys and employees, from any, and all, penalty, damage or charges arising out of
claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or
• expenses arising therefrom, either at law or in equity, which arise out of,
or are caused by, the
construction, erection, location, performance, operation, maintenance, repair, installation,
replacement,removal or restoration of a Telecommunications System within the City based upon any
act or omission of a Telecommunications Carrier, its agents or employees, contractors,
subcontractors, independent contractors, or representatives. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are
included as those costs which shall be recovered by the City.
1.10.170 Liability Insurance.
A. Except as provided in or as supplemented by any Franchise Agreement or License, a
Telecommunications Carrier shall secure and maintain, public liability, property damage insurance,
• and umbrella coverage in at least the following amounts:
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i
t
I. Public liability: One million dollars per person/per occurrence; _ •
2. Property damage: One million dollars per any one claim;
3. Umbrella liability: Five million dollars.
B. The public and personal liability and property damage insurance policy shall
specifically include the City, the City Council, its employees, and agents as additional insureds. r
s
C. The public and personal liability and property damage insurance policies shall be
issued by an agent or representative of an insurance company licensed to do business in the State and i
which has one of the three highest or best ratings from the Alfred M. Best Company. i
D. The public liability and property damage insurance policies shall contain an
endorsement obligating the insurance company to furnish the City with at least thirty (30) days
written notice in advance of the cancellation of the policy.
E. Renewal or replacement policies or certificates shall be delivered to the City at least •
i
fifteen (15) days before the expiration of the insurance which such policies are to renew or be
replaced.
I
F. Before a Telecommunications System provides Telecommunications Service to
i
subscribers,the Telecommunications Carrier shall deliver the policies or certificates representing the
t
insurance to the City as required herein.
1.10.175 Financial Security. !!
A. Securitv Fund.
1. Prior to the Effective Date of the any Franchise, License, Permit or other
authorization, the Telecommunications Carrier shall deposit into a bank account established by the
City, which may be commingled with security deposits from other Telecommunications Carriers, and
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• shall maintain on deposit through the term of any Franchise, License,Permit, or other authorization,
a sum specified in any Franchise, License, Permit, or other authorization as security for the faithful
performance by Telecommunications Carrier of all of the provisions of any Franchise, License,
Permit or other authorization, and compliance with this Ordinance and with all orders, permits and
directions of the City, or any designated representative of the City having jurisdiction over
Telecommunications Carrier's acts or defaults under any Franchise, License, Permit or other
authorization of this Ordinance, and as security for the payment to the City of any claims, fees, liens,
or taxes due the City which arise by reason of the construction, operation or maintenance of the
System pursuant to any Franchise, License, Permit or other authorization, or this Ordinance, and to
satisfy any actual or liquidated damages arising out of a breach.
2. Except as otherwise provided in any Franchise, License, Permit, or other
• authorization, if the Telecommunications Carrier fails, after twentywritten notice a
(20) days Y � to pay
to the City any fees that are due and unpaid, or fails to repay within such twenty (20) days, any
damages, costs or expenses which the City is compelled to pay by reason of any act or default of the
Telecommunications Carrier in connection with its Franchise, License, Permit, or other authorization;
or if Telecommunications Carrier fails to comply with any provision of any Franchise, License,
Permit, or other authorization or this Ordinance and the City determines that such failure was without
just cause and, in a manner consistent with the procedures specified in this Ordinance, City
reasonably determines it can be remedied by a withdrawal from the security fund or is nevertheless
subject to liquidated damages, then, in any such event, the City may immediately withdraw the
amount thereof from the security fund, with interest and any liquidated damages. Upon such
is
withdrawal, the City shall notify the Telecommunications Carrier of the amount and the date of
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withdrawal. _ •
3. Within thirty (30) days after notice to Telecommunications Carrier that any
amount has been withdrawn by City from the security fund, the Telecommunications Carrier shall
deposit a sum of money sufficient to restore such security fund to the original amount.
4. Telecommunications Carrier shall be entitled to the return of the security fund,
or portion thereof, with interest, that remains on deposit at the expiration or termination of any
Franchise, License, Permit, or other authorization, once all amounts due to the City have been paid.
5. The rights reserved to the City with respect to the security fund are in addition
to all other rights of the City, and no action, proceeding or exercise of a right with respect to such
security fiend shall affect any other right the City may have.
B. Faithful Performance Bond. Prior to issuance of any Franchise, License, Permit, or
other authorization, Telecommunications Carrier shall furnish proof of theosting of a faithful •
p b
performance bond in favor of the City, with corporate surety approved by the City in the sum
specified in any Franchise, License, Permit, or other authorization and conditioned that the
Telecommunications Carrier shall well and truly observe, fulfill, and perform each term and condition
of any Franchise, License, Permit, or other authorization;provided, however, that such bond shall not
be required after certification by City of the completion of construction. The corporate surety must
be authorized to issue such bonds in the State of California, and the bond must be obtained and
secured through an authorized agent in the City of Atascadero. During the course of construction,
the amount of the bond may from time to time be reduced, as provided in any Franchise, License,
Permit, or other authorization. Written evidence of payment of premiums shall be filed with the
City. •
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1.10.180 Retention and Submission of Reports and Records. '
A. A Telecommunications Carrier shall maintain and retain such records and reports
reasonably necessary for the City to determine compliance with the obligations imposed on it by this
Ordinance.
B. Upon request, a Telecommunications Carrier shall submit to the City a list of files,
reports, records, data or other information that the Telecommunications Carrier periodically,
customarily, and/or regularly files with the FCC, or another federal or State agency. For any other
filing that a Telecommunications Carrier files with another federal or state agency (and that has a
direct impact on the operation of the Telecommunications System), then the Telecommunications
Carrier shall notify the City of such filing within five (5) days of said filing. Said notice shall inform
the City of the nature and scope of the filing, as well as the recipient (name, address, department,
• division, and phone number) of the filing. For any matter related to the administration and
enforcement of a Franchise or License, the City may specifically request that it be provided with any,
or all listed reports, records, data, or other information that were filed with the FCC, the Securities
and Exchange Commission, or another federal or state agency.
C. A Telecommunication Carrier shall provide the following information and reports
periodically to the City as more specifically described herein:
1. A Telecommunication Carrier shall furnish the City with the names and
addresses of every Affiliated Person, third party, or Person other than the Applicant that has entered
into a customer agreement,telecommunications agreement, or any other agreement which authorizes,
directly or indirectly, any Affiliated Person, third party, or Person other than the Applicant to utilize,
• by way of sale, lease, or otherwise,telecommunications equipment, telecommunications facility, or
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all or a portion of the Telecommunications System (the "Telecommunications Agreement"J within
the City upon the issuance of any License or Franchise.
2. Upon executing any new Telecommunications Agreement, or any other
agreement which allows an Affiliated Person,third party, or Person other than the Applicant to utilize
telecommunications equipment, telecommunications facility, or all or a portion of the
Telecommunications System within the City, for the provision of video services, cable television
services, or Telecommunications Services,the Telecommunication Carrier shall promptly furnish the
City with a copy of the executed agreement.
3. Telecommunication Carrier shall include a provision substantially similar in
purpose and effect to the provision specified in subparagraph (4) below(the "Government Approval
Provision") in all future negotiated Telecommunications agreements. If the City determines that an
Affiliated Person, a third party, or a Person other than the Applicant has failed to comply with the
Governmental Approval Provision requiring prior approval from the City, the City will provide
written notice to the Telecommunication Carrier and to the affected party. If the affected party fails
to come into compliance or reach an agreement with the City within thirty (30) days from the date
when the Telecommunication Carrier receives written notice from the City of the dispute, then the
Telecommunication Carrier will notify the third party that it is in breach of its Telecommunications
Agreement and that it will implement reasonable steps consistent with said Telecommunications
Agreement to terminate the agreement or the portion of the agreement which provides for the
provision of services which required governmental approval for which said approval was not
obtained.
4. The Government Approval Provision shall read in substance as follows: •
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043
• ". . . shall obtain all government Franchises, Licenses, permits, approvals or 'tonsents
necessary for it to provide service within the City of Atascadero ("Approvals") pursuant to
this Agreement. Failure to obtain such Approvals, or to maintain them as necessary during
the term of this Agreement, shall constitute a material breach of this Agreement."
5. Any information, agreements, or documents received by the City pursuant to
this paragraph shall be maintained as confidential to the extent allowed and consistent with applicable
law.
1.10.190 Inspection and Review of Books Records and Other Data.
A. A Telecommunications Carrier shall keep complete and accurate books of accounts,
and records of the business and operations under, and in connection with, the Telecommunications
System.
B. The City shall have the right to review(either by mail or at the Telecommunications
• Carrier's local office) all records needed for the administration and enforcement of this Ordinance
and/or Franchise Agreement or License on seven (7) days written request. Such review shall occur
within the Telecommunications Carrier's regular office hours unless a different time is otherwise
mutually agreed upon or administratively or judicially ordered.
C. The City shall have the right to hire, at its own expense, an independent certified
public accountant, or other business or financial expert, to review the books and records of a
Telecommunications Carrier. If after a financial audit it is determined that the Telecommunications
Carrier has underpaid amounts owed to the City by an amount exceeding two percent (2%) of what
was actually paid, then the City may require the Telecommunications Carrier to reimburse the City
for the actual cost of the audit.
D. A false entry into the books and/or records of a Telecommunications Carrier, made
•
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C 4
by a Telecommunications Carrier, of a material fact shall constitute a material violation-of this •
Ordinance.
E. A Telecommunications Carrier shall provide to the City upon its request complete and
accurate books and records of the key aspects of the Telecommunications System's operation for at
least the preceding three (3)years in such a manner that all matters pertaining to the City can be easily
produced and/or verified at the request of the City. Also, the Telecommunications Carrier shall
provide upon request any other applicable records and information that may be required by any other
federal or state agency having jurisdiction over one or more classes of Telecommunications Carrier.
1.10.200 Conditions of Use of Streets and Public Rights-of-Ways.
A. All wires, conduits, cable (coaxial, fiber or functional equivalent), and other property
and facilities of a Telecommunications Carrier shall be so located constructed, •
installed and
maintained so as not to endanger or unnecessarily interfere with usual and customary use, traffic and
travel upon the Streets, Public Right-of-Way, easements and public property of the City as well as
adjacent private property pursuant to a routing plan to be approved by the City Manager or his/her
designee.
B. In the event a Telecommunications Carrier's system creates a hazardous or unsafe
condition or an unreasonable interference with property, such Telecommunications Carrier shall
voluntarily, or upon the request of the City, remove or modify that part of the Telecommunications
System to eliminate such condition from the subject property.
C. A Telecommunications Carrier shall not place equipment where it will interfere with
existing and future City uses of the Streets, Public Right-of-Way, or public property, with the rights •
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; J
• of private property owners, with.gas, electric, or telephone fixtures, with water hydrants of mains,
with wastewater stations, with any traffic control system, or any other service or facility that benefits
the City's or its residents' health, safety or welfare.
D. A Telecommunications Carrier, at its own expense, shall protect Streets and Public
Rights-of-Ways, easements, and support or temporarily disconnect or relocate at its sole cost in the
same Street or other Street or Public Right-of-Way, any property of such Telecommunications Carrier
when necessitated by reason of.
1. Traffic conditions;
2. Public safety;
3. Temporary or permanent street closing;
4. Street construction or resurfacing;
5. A change or establishment of street rade,
6. Installation of sewers, drains, water pipes, storm drains, lift stations, force
mains, power or signal lines, and any traffic control system; or
7. Any improvement, construction or repair or any improvement related to the
City's or its residents health, safety or welfare.
E. It shall be the responsibility of a Telecommunications Carrier to locate and mark or
otherwise visibly indicate and alert others to the location of its underground cable before employees,
agents, of independent contractors of any entity perform work in the marked-off area. The
Telecommunications Carrier shall participate in and adhere to the practices of Underground Services
• Alert("USA")and provide at least forty-eight(48)hours prior notice to USA prior to any excavation.
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1.10.210 Duty to Remove Telecommunications Facilities from Streets, Public Rights of •
Wav, Easements and Public Property.
A. Whenever the following occurs:
1. A Telecommunications Carrier ceases to operate all, or part of the
Telecommunications System for a continuous period of six (6) months;
2. A Telecommunications Carrier ceases and fails to complete constriction of the
Telecommunications System outlined in the Franchise Agreement or License;
3. The City elects not to renew any Franchise or License pursuant to the
provisions set forth in this Ordinance; or
4. The Telecommunications Carrier's Franchise or License is revoked pursuant
to the provisions set forth in this Ordinance.
Unless the City or another Telecommunications Carrier uses such Teleco •
mmumcations
System in accordance with any temporary continuity of service provisions, the affected
Telecommunications Carrier shall at its expense promptly remove its Telecommunications System
from the Streets, Public Rights-of-Ways, and Public Property located within the City.
B. If not removed voluntarily by a Telecommunications Carrier,then the City may notify
such Telecommunications Carrier that should removal of the property not be accomplished within
two hundred seventy (270) days, or substantial progress towards removal not be made within two
hundred ten (210) days, the City may direct its officials or representatives to remove such
Telecommunications System property at that Telecommunications Carrier's expense. The Faithful
Performance Bond, Letter of Credit, or Security Fund required as set forth in this Ordinance shall be
available to pay for such work. •
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a
• C. If officials or representatives of the City remove a Telecommunications System, and
such Telecommunications Carrier does not claim the property within one hundred twenty (120) days
of its removal, then the City may take whatever steps are available under state law to declare the
property surplus, and sell it, with the proceeds of such sale (if permitted by State law) going to the
City.
D. When such Telecommunications Carrier removes its Telecommunications System
from the Streets, Public Rights-of-Ways and Public Property located within the City, the
Telecommunications Carrier shall at its own expense, and in a manner approved by the City, replace
and restore such public property to a condition comparable to that which existed before the work
causing the disturbance was done.
E. Removal of Deactivated Equipment. Telecommunications Carriers shall maintain the
• deactivated Telecommunications Facilities at no cost to the
City until removed by the
Telecommunications Carrier. The Telecommunications Carrier shall provide a written list to the City
of all deactivated Telecommunications Facilities located within the City at quarterly intervals. The
Telecommunications Carrier shall remove or disable non-useful Telecommunications Facilities in
accordance with its normal practice. However, above-ground level Telecommunications Facilities
which are no longer used or useful shall be removed within the period specified by the City and may
not be left in the public right-of-way without the permission of the City. The Telecommunications
Carrier shall provide the City a list of the specific Telecommunications Facilities to be removed and
their locations. The Telecommunications Carrier shall remove all these Telecommunications
Facilities within ninety (90) days after an underground system is activated.
•
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1.10.220 Construction Standards. -
A. Methods of construction, installation, maintenance and repair of- any •
i
Telecommunications System shall comply with the most current editions of the Zoning Codes,
Building Codes, Construction Codes, Plumbing Codes,National Electrical Safety Code the National
i
Electric Code and any applicable Federal or State Codes, regulations or requirements.
B. All construction, installation, maintenance and repair shall treat the aesthetics of the
property as a priority, shall not substantially affect the appearance or the integrity of the structure, and
shall not be installed on the bias across the property or side of a residence or other structure without
the property owner's permission.
C. All underground drops shall follow(to the greatest extent possible)property lines, and 1
cross property only at right angles unless otherwise permitted by the property owner, or required due
to the physical characteristics of the subsurface, or required under applicable law. The City may,
either by way of a generally applicable resolution or through the imposition of routing conditions in
4
any Franchise Agreement or License or permit, determine the routing or placement of cable, conduit,
Power Supplies, vaults and other equipment relating
Nodes, pedestals, Po ppto the Telecommunications b
System.
D. Construction Hours. All construction shall be accomplished between the hours
specified by the City in the approved permit or ordinances or as otherwise agreed to by the parties.
Construction shall not interfere with the services of the City or third parties.
E. Telecommunications Carrier shall install its System, and all portions thereof,
I
completely below ground in those areas where existing utilities are underground. In areas of
f
overhead utilities, or areas where utilities are located both above-ground and below-ground,
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04
• Telecommunications Carrier shall place all above-ground active and passive equipment in low'profile
waterproof pedestals whose design, size, appearance, and placement have been prior approved by the
City Engineer in writing. Above-ground installations shall only be allowed in situations where the
Applicant has demonstrated to the reasonable satisfaction of the City Engineer that no below-ground
placement is physically or economically possible.
F. Telecommunications Carrier shall provide the City a central 24 hours a day,
seven days a week, telephone contact number to receive complaints from City or its residents
regarding right-of-way installations. Telecommunications Carrier shall maintain such telephone
contact number so long as Telecommunications Carrier maintains any telecommunication equipment,
telecommunication facilities, or telecommunications system, or portion thereof, in, above, or under
Streets, Public Rights-of-Way, and Easements.
• 1.10.230 Permits and Licenses; Payment of Fees.
A. A Telecommunications Carrier shall obtain, at its own expense, all permits and
licenses required by local law, rule, regulation or ordinance, and maintain the same, in full force and
effect, for as long as required by the City.
B. As a condition of obtaining all necessary permits and licenses, the
Telecommunications Carrier shall pay all applicable permit fees ("Permit Fees") and, in addition, all
of the City's direct labor and supervisory costs, including customary and reasonable overhead (the
"Labor and Materials Payment"). The City Council may, from time to time by ordinance, establish
the amount of said permit fees. To the extent not inconsistent with applicable law, the permit fees
shall be sufficient to reimburse the City for its costs, including the costs of staff, independent
consultants, and related overhead, to review the proposed project, processing permits, plan check,
•
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inspecting the project including the costs of an outside inspector and,where applicable, the costs of •
an outside soils engineer or compaction testing expert, and the costs of any required testing to ensure
that the construction adheres to standards of this Ordinance, any Franchise Agreement, any License,
any permit, and any other requirement of the City. The Labor and Materials Payment shall be
sufficient to reimburse the City for its costs, including the costs of staff, independent consultants, and
related overhead, direct labor and supervisory costs, including customary and reasonable overhead,
_ to monitor and manage the time, place and manner of the Telecommunications Carrier's entry,
occupation and abandonment of the Public Right-of-Way and shall be paid for the entire time that the
Telecommunications Carrier occupies the Public Right-of-Way. The Labor and Materials payments
shall be paid over the time that the Telecommunications Carrier occupies the Public Right-of-Way,
and the City shall specify the amounts and times of said payments in any encroachment or other
permit or license issued to the Telecommunications Carrier. •
C. Both Telecommunications Carrier and City may hire contractors, at
Telecommunications Carrier's sole expense, to carry out any work under this Agreement.
Telecommunications Carrier shall make payment within ten (10) days of billing from the City.
Telecommunications Carrier shall be responsible for any damage caused by the construction
including, but not limited to, damage to the Public right-of-way, private property, streets, existing
utilities, curbs, gutters and sidewalks. Telecommunications Carrier shall pay the City any costs
incurred as a result of such damages including repairs made by the City except for costs incurred as
a result of the City's negligence or its employees' and agents' negligence. Telecommunications
Carrier shall complete restoration of or repairs to any damage caused by the construction within ten
(10) days from the date of written notice from the City. •
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• D. In lieu of the inspection portion of the Labor Payment or permit fees described in
Subparagraph(B) above, at the City's sole option,the City may require Telecommunications Carrier
at Telecommunications Carrier's sole expense, to hire a consultant, who is acceptable to and under
the supervision of the City, ("Consultant"), to inspect the installation of the Telecommunications
Facilities on behalf of the City, or provide other services as mutually agreed to by the parties.
1.10.240 Reservation of Right to Inspect Construction, Documents Related to
Construction, and Tests Related to Performance,Technical Integrity and Oualit*,
of Signal, Preventive Maintenance and Safety.
In order to verify that a Telecommunications Carrier has constructed and maintained the
Telecommunications System in the manner required by this Ordinance, and conducted the various
performance,technical integrity, preventive maintenance and safety tests required by federal state and
• local laws, the City reserves the right to inspect, at the expense of the Telecommunications Carrier,
all facets of a Telecommunications Carrier's construction, as well as to inspect documents related to
construction, and inspect test results related to performance, technical integrity, preventive
maintenance and safety.
1.10.20 Construction Default.
A. Upon the failure, refusal or neglect of the Telecommunications Carrier to cause any
construction, repair, or the terms of any building permit, or other necessary work to comply with the
terms of the Franchise Agreement or License, thereby creating an adverse impact upon public safety,
City may (but shall not be required to)cause such work to be completed in whole or in part, and upon
so doing shall submit to the Telecommunications Carrier an itemized statement of costs. The
• Telecommunications Carrier shall be given reasonable advance notice of City's intent to exercise this
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power, and fifteen(15) days to cure the default. The Telecommunications Carrier shall, within thirty •
(30) days of billing, pay to City the actual costs incurred.
B. Stop Work Notice. Whenever construction is being performed in a manner contrary
to the provisions of this Agreement,the City Manager,or an inspection official representing the City,
may order the work stopped by notice in writing served on any person engaged in, or causing the
construction. Any work stopped shall not resume until authorized in writing by the City Manager or
his or her designated representative.
1.10.260 Vacation or Abandonment.
In the event any street, alley, public highway, or portion thereof used by the
Telecommunications Carrier shall be vacated by the City, or the use thereof discontinued by the
Telecommunications Carrier, upon reasonable notice the Telecommunications Carrier shall forthwith
remove its facilities therefrom unless specifically permitted to continue the same. On the removal •
thereof, the Telecommunications Carrier shall restore, repair or reconstruct the area where such
removal has occurred, to such condition as may be required by the City, but not in excess of the
original condition. In the event of any failure, neglect or refusal of the Telecommunications Carrier,
after thirty (30) days' notice by the City, to do such work, City may cause it to be done, and the
Telecommunications Carrier shall, within thirty (30) days of billing, pay to City the actual costs
incurred.
1.10.270 Abandonment in Place.
City may, upon written application by the Telecommunications Carrier, approve the
abandonment of any property in place by the Telecommunications Carrier under such terms and
conditions as City may approve. Upon City approved abandonment of any property in place, the •
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• Telecommunications Carrier shall cause to be executed, acknowledged, and delivered to City such
instruments as City shall prescribe and approve transferring and conveying the ownership of such
property to City.
1.10.280 Undergrounding of Cable.
Cables shall be installed underground at the Telecommunications Carrier's cost where
substantially all existing utilities are already underground or will be undergrounded pursuant to the
City's adopted undergrounding policy. Previously installed aerial cable shall be installed underground
at the Telecommunications Carrier's pro rata cost in concert with other utilities when and if those
other utilities convert from aerial to underground construction.
1.10.290 Facility Agreements.
No Franchise or License shall relieve the Telecommunications Carrier of any obligations
• involved in obtaining pole or conduit space from any department of City, any utility company, or
from others maintaining utilities in City's streets.
1.10.300 Erection of Poles Prohibited.
The Telecommunications Carrier shall not erect any pole on or along any street or public way.
If additional poles in an existing aerial route are required, the Telecommunications Carrier shall
negotiate with the public utility for their installation. Any such installation shall require the advance
written approval of the City.
1.10.310 System Technical Data.
The Telecommunications Carrier shall provide City with a computer disk or other data storage
device requested by City, in a format approved by City, which details and documents all of the
• Telecommunications Carrier's equipment and facilities and their geographic location in the City.
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Such computer disk or other device shall be updated annually and whenever there have been •
significant changes in the location of the Telecommunications Carrier's Equipment and
Telecommunications Facilities. In addition, the Telecommunications Carrier shall maintain in its
local office a complete and up-to-date set of as-built system maps and drawings upon completion of
construction or reconstruction, equipment specification and maintenance publications, and signal
level diagrams for each active piece of electronic equipment in the system. As-built drawings shall
show all lines and installed equipment, and tap valves and spigots. The scale of maps and drawings
shall be sufficient to show the required details in easily readable form and size. Technical data at the
local office shall also include approved pole applications, details and documentation of satellite and
microwave equipment, mobile radio units, heavy constriction vehicles and equipment, and video and
audio equipment normally used in the operation of the system. If City requires use of technical data
in its own offices, it may make copies of any items at City's expense. •
1.10.320 Availability of Technical Data.
All technical data shall be available for City's inspection during normal business hours and
upon reasonable notice. In the event of System failure or other operating emergency, the technical
data will be made available at any time, so long as the provision of said data does not unreasonably
interfere with the Telecommunications Carrier's operations.
1.10.330 Use of Public Property.
From and after the effective date of this Ordinance, it shall be unlawful for any person to
constrict, install, or maintain in any Street, Public Right-of-Way, public place within the
unincorporated area of the City, or within any other Public Property of City, or within any privately-
. •
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• owned area within City's jurisdiction which is not yet, but is designated as,a proposed public place
on a tentative subdivision map approved by City, any Equipment, Telecommunications Facilities, or
system for distributing signals or services through a Telecommunications System unless a Franchise
or License, or other Agreement acceptable to the City has first been obtained hereunder and is in full
force and effect.
1.10.340 Registration.
Except as otherwise provided herein and prior to any determination of exemption, all
Telecommunications Carriers engaged or who propose to engage in the business of transmitting,
supplying or furnishing of Telecommunications Service for a fee to customers in the City or -v,,-ho
own, operate, or use Telecommunication Facilities, Telecommunications Equipment, and/or a
Telecommunications System in Streets, Public Rights-of-Way or Public Property, shall register with
• the City pursuant to this Section. y
A. Registration Forms: Registration forms to be provided by the City and completed by
the Telecommunications Carrier, shall include the following:
(1) The identity and legal status of the registrant, including any affiliates.
(2) The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement.
(3) A description of registrant's existing or proposed Telecommunications
Facilities within the City.
(4) A description of the Telecommunications Service that the registrant intends
to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions
within the City as well as a specific time table or schedule for the provision of each
•
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Telecommunications Service. •
(5) Information sufficient to determine whether the registrant is subject to
franchising or licensing under this Ordinance.
(6) Information sufficient to determine that the Applicant has applied for and
received any certificate of authority required by the PUC to provide Telecommunications Services
or Telecommunications Facilities within the City. The Telecommunications Carrier shall state which
of the Telecommunications Services, if any, offered or to be offered within the City are not covered
or authorized by said PUC certificate of authority.
(7) Information sufficient to determine that the Applicant has applied for and
received a construction permit, operating license or other approvals required by the FCC to provide
telecommunications Services or Telecommunications Facilities within the City.
(8) The identity and address of any and all persons or entities using any portion •
of, or all, of the Telecommunications Carrier's Telecommunications Facilities within the City.
(9) Such other information as the City Manager may reasonably require.
B. Reizistration Fee: Each Telecommunications Carrier registering in accordance with
this section shall pay the actual and reasonable costs to the City for processing such registration,
including costs incurred by outside consultants who are retained by the City to review a registration.
The City Manager shall estimate the amount of said costs and the registering Telecommunications
Carrier shall deposit the amount of said estimate with the registration.
C. The Telecommunications Carrier shall annually, on January 1 of each year, provide
the City with a written notice which shall disclose to the City any changes to the information provided
by the Telecommunications Carrier in the registration form completed by the Telecommunications
•
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. Carrier and delivered to the City . .
D. Purpose of Registration: The purpose of registration is to
(1) provide the City with accurate and current information concerning the
Telecommunications Carriers who offer or provide Telecommunications Services within the City,
or that own or operate a Telecommunications System within the City;
(2) assist the City in enforcement of this Ordinance;
(3) assist the City in the collection and enforcement of any municipal fees,
franchise fees, license fees or charges that may be due the City;
(4) assist the City in monitoring compliance with local, State and Federal
laws.
1.10.30 Telecommunications License.
Any Telecommunications Carrier who desires to construct, install, operate, maintain, or
otherwise locate Telecommunications Facilities, Telecommunications Equipment, and/or a
Telecommunications System in, under, over or across any Street or Public Rights-of-Way of the City
for the purpose of providing Telecommunications Service to persons or areas outside the City shall
first obtain a license granting the use of such Street or Public Right-of-Way from the City pursuant
to this Ordinance. Any Telecommunications Carrier obtaining a Franchise is not subject to this
provision and shall be governed by its Franchise.
A. License Application: Any Person that desires a License pursuant to this Section
shall file an application with the City which shall include the following information and shall be
accompanied by an application fee, as established by Resolution of the City Council:
• (1) The identity of the Applicant, including all affiliates of the Applicant.
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(2) A description of the Telecommunications Services that are or will be. .
offered or provided by licensee over its Telecommunications System.
(3) A description of the transmission medium that will be used by the licensee
to offer or provide such Telecommunications Services.
(4) Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
a. the location and route requested for Applicant's proposed
Telecommunications Facilities.
b. the location of all overhead and underground public utility,
telecommunication, cable,water, sewage drainage and other facilities in the Streets and Public Right-
of-Ways along proposed route.
C. the locations, if any, for interconnection with the
Telecommunications System of other Telecommunications Carriers.
d. the specific trees, structures, improvements, facilities and
obstructions, if any that Applicant proposes to temporarily or permanently remove or relocate.
(5) If the Applicant is proposing to install Overhead Facilities, evidence that
Surplus Space is available for locating its Telecommunications System on existing utility poles along
the proposed route and that the affected utility has consented to the installation.
(6) If Applicant is proposing an Underground Installation in existing ducts or
conduits within the Streets and Public Rights-of-Ways, information in sufficient detail to identify:
a. the excess capacity currently available in such ducts or conduits
before installation of Applicant's Telecommunications Facilities; •
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• b. the excess capacity, if any, that will exist in such ducts or conduits
after installation of Applicant's Telecommunications Facilities.
(7) If applicant is proposing an Underground Installation within new ducts or
conduits to be constructed within the Streets and Public Right-of-Ways:
a. the location proposed for the new ducts or conduits;
b. The excess capacity that will exist in such ducts or conduits after
installation of Applicant's Telecommunications Facilities.
(8) A preliminary construction schedule and completion date.
(9) A preliminary traffic control plan in accordance the Work Area Traffic
Control Handbook, latest edition.
(10) Financial statements prepared in accordance with Generally Accepted
• Accounting Principles demonstrating the Applicant's financial ability to construct, operate, maintain,
relocate and remove the Telecommunications Facilities.
(11) Information in sufficient detail to establish that the Applicant's technical
qualifications, experience and expertise regarding the Telecommunications System and
Telecommunications Services described in the Application.
(12) Information to establish that the Applicant has obtained all other
governmental approvals and permits to construct and operate the Facilities and to offer or provide the
Telecommunications Services.
(13) All fees, deposits or charges required pursuant to this Ordinance.
(14) Any and all convictions or findings by any governmental authority that the
• applicant has violated any law or ordinance (including environmental laws or ordinances) or license
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agreement or franchise agreement. •
(15) Such other and further information as may reasonably be required by the
City Manager.
B. Application Fee: Any person that desires a License pursuant to this section shall
file an application with the City which shall include the following information and which shall be
accompanied by an application fee which shall be in an amount which will pay the actual and
reasonable costs to the City for processing such application, including costs incurred by outside
consultants who are retained by the City to review an application. The City Manager shall estimate
the amount of said costs and the applicant shall deposit the amount of said estimate with the
application.
C. Determination by the City Manager: Within 120 days after receiving a complete
application under this Section the City Manager shall issue a written determination granting or •
denying the license application in whole or in part, applying the following standards. If the
application is denied, the written determination shall include the reasons for denial. The City
Manager shall consider the following:
(1) The financial and technical ability of the Applicant.
(2) The legal ability of the Applicant.
(3) The capacity of the Streets and Public Rights-of-Ways to accommodate the
Applicant's proposed Telecommunications Facilities.
(4) The capacity of the Streets and Public Rights-of-Ways to accommodate
additional utility and Telecommunications Facilities if the license is granted.
(5) The damage or disruption, if any, of public or private facilities, •
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• improvements, services, travel or landscaping if the license is granted.
(6) The public interest in minimizing the cost and disruption of construction
within the Streets and Public Rights-of-Ways.
(7) The services that Applicant will provide to the community and region.
(8) The effect, if any, on public health, safety and welfare if the License is
granted.
(9) The availability of alternate routes and/or locations for the proposed
Telecommunications Facilities.
(10) Applicable federal and state telecommunications laws, regulations and
policies.
(11) Any and all convictions or findings by any governmental authority-that the
• applicant has violated any law or ordinance (including environmental laws or ordinances) or license
agreement or franchise agreement.
(12) Such other factors as may demonstrate that the grant to use the Streets and
Public Rights-of-Ways will serve the community interest.
D. Agreement: No license granted hereunder shall be effective until the Applicant and
the City have executed a written agreement setting forth the particular terms and provisions under
which the license to occupy and use Streets and Public Rights-of-Way of the City will be granted.
E. Nonexclusive Grant: No license granted under this Section shall confer any
exclusive right,privilege, license or franchise to occupy or use the Streets and Public Rights-of-Ways
of the City for delivery of Telecommunications Services or any other purposes.
is
F. Rights Granted: No license granted under this Section shall convey any right, title
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or interest in the Streets and Public Rights-of-Ways, but shall be deemed a License only to use and •
occupy the public ways for the limited purposes and term stated in the grant. Further, no License
shall be construed as any warranty of title.
G. Terms of Grant: Unless otherwise specified in a license agreement, a License
granted hereunder shall be in effect for a term of ten (10) years.
H. Construction Permits: All licensees are required to obtain encroachment permits
for Telecommunications Facilities as required in this Ordinance, provided, however, that nothing in
this Section shall prohibit the City and a licensee from agreeing to alternate plan review, permit and
construction procedures in a license agreement, provided such alternative procedures provide
substantially equivalent safeguards for responsible construction practices.
I. License Fee: Each and every Licensee shall be subject to and pay, to the extent
not prohibited by applicable federal or state law, a License Fee for the use of the property rights •
granted to the Licensee, i.e., the privilege of using Streets, Public Rights-of-Way, and Easements to
construct, maintain, and operate a Telecommunications System or any portion thereof, as a condition
and requirement of each and every License. The License Fee shall consist of the following
components:
1. Minimum Compensation Component. Each and every Licensee which
constructs,maintains, and operates a Telecommunications System,or any portion thereof, or provides
a Telecommunications Service, which is not exempt in whole from compensation payment
requirements pursuant to federal or state law, shall pay minimum compensation (the "Minimum
Compensation Requirement") on an annual basis in an amount to be established in the initial License,
Franchise,permit, or other authorizations. The City Council shall from time to time and by resolution •
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• establish the Minimum Compensation Requirement and appropriate inflation factor to be utilized in
all Licenses, Franchises, permits, and other authorizations. The Minimum Compensation
Requirement shall not exceed the fair market value of the property rights granted to the Licensee, i.e.,
the privilege of using Streets, Public Rights-of-Way, and Easements to construct, maintain, and
operate a Telecommunications System or portion thereof,which are not exempt in their entirety from
the imposition of a compensation requirement by applicable federal or state lay.
2. Additional Compensation. Either at the time of issuance of any License,
Franchise, permit, or other authorization, or any time thereafter, the City shall determine whether or
not the Minimum Compensation Requirement equates to or is less than the fair market value of the
property rights granted to the Licensee, i.e., the privilege of utilizing Streets, Public Rights-of-Way,.
and Easements to construct, maintain, and operate a Telecommunications System or portion thereof,
• which are not exempt in their entirety from the imposition of a compensation requirement pursuant
to federal or state law. If the City determines that said non-exempt property rights possess a fair
market value in excess of the Minimum Compensation Requirement, the City shall engage in
negotiations with the Licensee, Franchisee, or holder of the permit or authorization to provide
additional compensation to the City, in cash or in-kind services or facilities,which represents in value
the difference between the Minimum Compensation Requirement and the fair market value (the
"Additional Compensation") (the Minimum Compensation Requirement and the Additional
Compensation shall collectively be referred to as the "Total Compensation"). Under no
circumstances shall the Total Compensation exceed the fair market value of the non-exempt property
rights granted to the Licensee,Franchisee, or holder of the permit or authorization. To the extent that
• the City and the Applicant agree upon Total Compensation as part of the issuance of the License,
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Franchise,permit, or other authorization, said agreement shall be binding upon the City for the term •
of the License, Franchise, permit, or other authorization. However, to the extent that the parties
cannot or do not agree upon said Total Compensation in the Franchise, License, permit, or other
authorization, the City Council may, from time to time but no more frequently than annually,
establish by resolution the Additional Compensation and modify said Additional Compensation based
upon changes in the fair market value of the non-exempt property rights granted or conveyed.
3. Acceptance by the Applicant of any License, Franchise, permit, or other
authorization shall constitute an acceptance of the minimum Compensation Requirement unless the
Applicant can affirmatively demonstrate that all of the activities, both present and fiiture, which will
be conducted utilizing the property rights granted to the Applicant are completely and totally exempt
from all compensation requirements pursuant to applicable federal or state law. The burden of proof
shall be on the Applicant. The Applicant shall provide all written and oral information, documents •
and evidence reasonably requested by the City which are necessary or relevant to a determination as
to whether all of its activities and uses which use or occupy Streets, Public Rights-of-Way, and
Easements are exempt from non-cost recovery compensation.
J. Appeals: An Applicant may appeal the denial of a License or a condition imposed
in a License to the City Council. Such appeal shall be filed in writing with the City Clerk by 5 p.m.
on the tenth (10th) business day following the date of mailing of the City's written decision that is
being appealed. The appeal shall be accompanied by a fee as established from time to time by
resolution of the City Council. The City Council shall schedule a hearing on the appeal within thirty
(30) days of the filing of the appeal. The Board's decision on the appeal shall be final.
1.10.360 Telecommunications Franchise. •
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• Any Telecommunications Carrier who desires to construct, install, operate, maintain or
otherwise locate a Telecommunications System in, under, over or across any Streets and Public
Rights-of-Ways of the City, and/or to provide Telecommunications Service to persons or areas in the
City via Telecommunications Facilities, Telecommunications Facilities, and/or a
Telecommunications System in the Street and Public Rights-of-Ways, shall first obtain a Franchise
granting the use of such Streets and Public Rights-of-Ways from the City pursuant to this Ordinance.
A. Franchise Application: Any Person that desires a Franchise pursuant to this Section
shall file an Application with the City which shall include the following information and shall be
accompanied by a franchise application fee to be established by resolution of the City Council:
(1) The identity of the Applicant, including all Affiliates of the Applicant.
(2) A description of the Telecommunications Services that are or will be
offered or provided by the franchise Applicant over existing or proposed Telecommunications
Facilities.
(3) A description of the transmission medium that will be used by the
Applicant to offer or provide such Telecommunications Services.
(4) Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
a. the location and route proposed for Applicant's proposed
Telecommunications Facilities.
b. the location of all Overhead and Underground public utility,
telecommunication, cable, water, sewer drainage and other facilities to be used or constructed in the
• public way along the proposed route.
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C. the locations, if any, for interconnection with the _ •
Telecommunications Systems of other Telecommunications Carriers.
d. the specific trees, structures, improvements, facilities and
obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, if
applicable.
e. An Engineering Plan showing the engineering design of the
Applicant's Telecommunications System within the entire City.
(5) If Applicant is proposing to install Overhead Facilities, evidence that
surplus space is available for locating its Facilities on existing utility poles along the proposed route
and that the owner of the utility has consented to the installation.
(6) If applicant is proposing an Underground Installation in existing ducts or •
conduits within the Street and Public Rights-of-Ways, information in sufficient detail to identify:
a. the excess capacity currently available in such ducts or conduits
before installation of Applicant's Telecommunications Facilities;
b. the excess capacity, if any, that will exist in such ducts and conduits
after installation of Applicant's Telecommunications Facilities.
(7) If applicant is proposing an Underground installation within new ducts or
conduits to be constructed within the Streets and Public Rights-of-Way:
a. the location proposed for the new ducts or conduits;
b. the excess capacity that will exist in such ducts or conduits after
installation of Applicant's Telecommunications Facilities.
•
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• (8) A preliminary construction schedule and completion dates. .
(9) A preliminary Traffic Control Plan in accordance with the Work Area
Traffic Control Handbook, latest edition.
(10) Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the Applicant's financial ability to construct, operate, maintain,
relocate and remove the Telecommunications Facilities.
(11) Information in sufficient detail to establish the Applicant's technical
qualifications, experience and expertise regarding the telecommunications facilities and services
described in the Application.
(12) Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities and to offer or provide the
• Telecommunications Services.
(13) Whether the Applicant intends to provide cable service, video dial tone
service or other video programming service, and sufficient information to determine whether such
services is subject to cable franchising.
(14) An accurate map showing the location of any existing Telecommunications
System(s) in the City that Applicant intends to use or lease.
(15) A description of the Telecommunications Services or Telecommunications
Facilities that the Applicant will offer or make available to the City and other public, educational and
governmental institutions.
(16) A description of Applicant's access and line extension policies.
• (17) The area or areas of the City the Applicant desires to serve and if
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applicable, a schedule for build-out to the entire franchise area. _ •
(18) All fees, deposits or charges required pursuant to this Ordinance.
(19) Any and all convictions or findings by any governmental authority that the
applicant has violated any law or ordinance (including environmental laws or ordinances) or license
agreement or franchise agreement.
(20) Such other and further information as may be requested by the City
Administrative Officer.
B. Franchise Application Fee: Any person that desires a Franchise pursuant to this
section shall file an application with the City which shall include the following information and
which shall be accompanied by an application fee which shall be in an amount which will pay the
actual and reasonable costs to the City for processing such application, including costs incurred by
outside consultants who are retained by the City to review an application. The City Manager shall •
estimate the amount of said costs and the applicant shall deposit the amount of said estimate with the
application.
C. Determination by City Manager: Within 120 days after receiving a complete
Application under this Section hereof, the City Manager shall issue a written determination granting
or denying the application in whole or in part, applying the following standards. If the application
is denied, the written determination shall include the reasons for denial. The City Manager shall
consider:
(1) The financial and technical ability of the Applicant.
(2) The legal ability of the Applicant.
(3) The capacity of the Streets and Public Rights-of-Ways to accommodate the •
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• Applicant's proposed Telecommunications Facilities.
(4) The capacity of the Streets and Public Rights-of-Ways to accommodate
additional utility and Telecommunications Facilities if the Franchise is granted.
(5) The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the Franchise is granted.
(6) The public interest in minimizing the cost and disruption of construction
within the Streets and Public Rights-of-Ways.
(7) The service that Applicant will provide to the community and region.
(8) The effect, if any, on public health, safety and welfare if the Franchise
requested is granted.
(9) The availability of alternate routes and/or locations for the proposed
• Telecommunications Facilities.
(10) Any and all convictions or findings by any governmental authority that the
applicant has violated any law or ordinance (including environmental laws or ordinances) or license
agreement or franchise agreement.
(11) Applicable federal and state telecommunications laws, regulations and
policies.
(12) Such other factors-as may demonstrate that the grant to use the Streets and
Public Rights-of-Ways will serve the community interest.
D. Agreement: No Franchise shall be granted hereunder unless the Applicant and the
City have executed a written agreement setting forth the particular terms and provisions under which
the Franchise to occupy and/or use the public ways will be granted.
•
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070
E. Nonexclusive Grant: No Franchise granted under this section shall confer arty •
exclusive right, privilege, license or franchise to occupy or use the Streets and Public Rights-of-Ways
for delivery of Telecommunications Services or any other purposes.
F. Rights Granted: No Franchise granted under this Section shall convey any right,
title or interest.in the Streets and Public Rights-of-Ways,but shall be deemed a Franchise only to use
and occupy the Streets and Public Rights-of-Ways for the limited purpose and term stated in the
grant. Further, no Franchise shall be construed as any warranty of title.
G. Franchise Territory: A Franchise granted under this Section shall be limited to the
specific geographic area of the City to be served by the franchise Applicant, and the specific public
ways necessary to serve such areas.
H. Franchise Fee: Each and every Franchisee shall be subject to and pay, to the
extent not prohibited by applicable federal or state law, a Franchise Fee for the use of the property •
rights granted to the Franchisee, i.e., the privilege of using Streets, Public Rights-of-Way, and
Easements to construct, maintain, and operate a Telecommunications System or any portion thereof
as a condition and requirement of each and every Franchise. The Franchise Fee shall consist of the
following components:
1. Minimum Compensation Component. Each and every Franchisee which
constructs,maintains, and operates a Telecommunications System, or any portion thereof, or provides
a Telecommunications Service, which is not exempt in whole from compensation payment
requirements pursuant to federal or state law, shall pay minimum compensation (the "Minimum
Compensation Requirement")on an annual basis in an amount to be established in the initial License,
Franchise,permit,or other authorizations. The City Council shall from time to time and by resolution •
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• establish the Minimum Compensation Requirement and appropriate inflation factor to be utilized in
all Licenses, Franchises, permits, and other authorizations. The Minimum Compensation
Requirement shall not exceed the fair market value of the property rights granted to the Franchisee,
i.e., the privilege of using Streets, Public Rights-of-Way, and Easements to construct, maintain, and
operate a Telecommunications System or portion thereof, which are not exempt in their entirety from
the imposition of a compensation requirement by applicable federal or state law.
2. Additional Compensation. Either at the time of issuance of any License,
Franchise, permit, or other authorization, or any time thereafter, the City shall determine whether or
not the Minimum Compensation Requirement equates to or is less than the fair market value of the
property rights granted to the Licensee, i.e., the privilege of utilizing Streets, Public Rights-of-Way,
and Easements to construct, maintain, and operate a Telecommunications System or portion thereof,
• which are not exempt in their entirety from the imposition of a compensation requirement pursuant
to federal or state law. If the City determines that said non-exempt property rights possess a fair
market value in excess of the Minimum Compensation Requirement, the City shall engage in
negotiations with the Licensee, Franchisee, or holder of the permit or authorization to provide
additional compensation to the City, in cash or in-kind services or facilities, which represents in value
the difference between the Minimum Compensation Requirement and the fair market value (the
"Additional Compensation") (the Minimum Compensation Requirement and the Additional
Compensation shall collectively be referred to as the "Total Compensation"). Under no
circumstances shall the Total Compensation exceed the fair market value of the non-exempt property
rights granted to the Licensee, Franchisee, or holder of the permit or authorization. To the extent that
• the City and the Applicant agree upon Total Compensation as part of the issuance of the License,
-51-
G72
Franchise, permit, or other authorization, said agreement shall be binding upon the City for the term •
of the License, Franchise, permit, or other authorization. However, to the extent that the parties
cannot or do not agree upon said Total Compensation in the Franchise, License, permit, or other
authorization, the City Council may, from time to time but no more frequently than annually,
establish by resolution the Additional Compensation and modify said Additional Compensation based
upon changes in the fair market value of the non-exempt property rights granted or conveyed.
3. Acceptance by the Applicant of any License, Franchise, permit, or other
authorization shall constitute an acceptance of the Minimum Compensation Requirement unless the
Applicant can affirmatively demonstrate that all of the activities, both present and future, which will
be conducted utilizing the property rights granted to the Applicant are completely and totally exempt
from all compensation requirements pursuant to applicable federal or state law. The burden of proof
shall be on the Applicant. The Applicant shall provide all written and oral information, documents •
and evidence reasonably requested by the City which are necessary or relevant to a determination as
to whether all of its activities and uses which use or occupy Streets, Public Rights-of-Way, and
Easements are exempt from non-cost recovery compensation.
I. Appeals: An Applicant may appeal the denial of a Franchise or a condition
imposed in a franchise to the City Council. Such appeal shall be filed in writing with the City by 5
p.m. on the tenth(10th)business day following the date of mailing of the City's written decision that
is being appealed. The appeal shall be accompanied by a fee as established from time to time by
resolution of the City Council. The City Council shall schedule a hearing on the appeal within thirty
(30) days of the filing of the appeal. The Board's decision on the appeal shall be final.
1.10.370 Term of License'or Franchise. •
-52-
073
The term of a License or Franchise shall be as specified therein and shall not exceed Ien(10)
years from the date that a Franchise is approved by the City Council and executed by both the City
and the affected Telecommunications Carrier.
1.10.380 Assignment, Transfer or Sale of Franchise or License.
A. There shall be no assignment of a Franchise or License, in whole or in part, or any
Change in Control of the Franchised or Licensed Telecommunications Carrier, without the prior
express written approval of the City.
B. Any assignment or transfer, or any change in Control, without the City's prior written
consent shall constitute a default which will cause a Franchise or License to terminate.
C. At least one hundred twenty (120) days before a proposed assignment or change in
Control of the Franchise or License is scheduled to become effective, the Telecommunications Carrier
ishall request in writing the City's consent. The Telecommunications Carrier shall submit to the City
(concurrently with the submission of its written request) (i) any other information or documentation
required by the State or federal government; (ii) the information referenced in this Ordinance; (iii)
unedited and unredacted copies of the sale or transfer documents with all schedules and exhibits
thereto; and (iv) information regarding the financial ability and stability of the proposed assignee with
respect to being able to perform all obligations of the existing Franchise or License.
D. The City shall not unreasonably withhold its consent to such an assignment or change
in Control. However, in evaluating the request for assignment, transfer, sale, or change in Control,
the City may, in its sole discretion and among other things,undertake a technical inspection and audit
of the Telecommunications System to determine whether the Telecommunications System complies
• with all applicable technical and safety codes, and with this Ordinance, the Franchise, or License.
-53-
074
E. If the City determines (as a result of the technical inspection and audit) that the
Telecommunications System does not comply with federal, state, or local standards, then the
Telecommunications Carrier shall be provided with an opportunity to correct or cure the non-
compliance. In the alternative and in the discretion of the City Council, the City may work with both
the current and proposed Telecommunications Carrier to cure the non-compliance.
F. Before an assignment or change in Control is approved by the City, the proposed
assignee, transferee, or buyer shall execute an affidavit acknowledging that it has read, understood,
and will abide by both this Ordinance and the applicable Franchise or License.
G. In the event of any approved assignment or change in Control, the assignee or
transferee shall assume all obligations and liabilities of the former Telecommunications Carrier
relating to the Franchise or License unless specifically relieved by the City at the time the assignment
or change in Control is approved.
H. Reimbursement of Processing and Review Costs. The Telecommunications Carrier
shall reimburse City for City's reasonable processing and review expenses in connection with a
transfer of the Franchise or License or a change in Control of the Franchise or License, including,
without limitation, costs of administrative review, financial, legal, and technical evaluation of the
proposed transferee, costs of consultants (including technical and legal experts), notice and
publication costs, and document preparation expenses. City may send the Telecommunications
Carrier an itemized description of all such charges, and the Telecommunications Carrier shall pay
such amount within twenty (20) days after the receipt of such description.
I. Violation. If the Telecommunications Carrier violates any provision of this paragraph,
the Franchise or License shall automatically terminate.
•
-54-
075
• 1.10.390 Revocation and Termination. _
In addition to all other rights and powers retained by the City, the City shall have the right to
revoke any Franchise or License granted hereunder and to terminate all rights and privileges of the
Franchisee or Licensee hereunder in the event of a substantial breach of the terms and conditions of
said Franchise or License, or of any rule or regulation of the City or City Engineer. A substantial
breach by a Franchisee or Licensee shall include, but shall not be limited to, the following:
(1) Violation of any material provision of this ordinance or of any Franchise or License
granted or renewed or pursuant to this ordinance;
(2) Any attempt by a Franchisee or Licensee to evade any material provision of the
Franchise or License or to practice any fraud or deceit or deception upon the City;
(3) The failure of a Franchisee or Licensee to obtain permits for, or to begin or
• complete construction as provided under this ordinance and under the Franchise or License;
(4) Material misrepresentation of fact by a Franchisee or Licensee in the application
for or negotiation of the Franchise or License;
(5) Conviction of any director, officer, employee, or agent of a Franchisee or Licensee
of the offense of bribery or fraud connected with or resulting from the awarding of the Franchise or
License;
(6) Failure of a Licensee or Franchisee to pay any License Fee or Franchise Fee or
other compensation required by this ordinance, or required by any Franchise or License granted
pursuant to this ordinance, to the City when due. Failure of a Licensee or Franchisee to pay said fee
shall also require the Franchisee or Licensee to pay interest on any past-due fee or compensation to
• the City at the rate of one and one-half percent per month on the unpaid amount.
-55-
C;7G
1.10.400 Possessory Interest. _ •
By accepting any Franchise, License, or permit granted pursuant to this Ordinance,
Telecommunication Carrier acknowledges that notice is and was hereby given to Telecommunication
Carrier pursuant to California Revenue and Taxation Code Section 107.6 that use or occupancy of
any public property may cause certain taxes to be levied upon such interest. Telecommunication
Carrier shall be solely liable for, and shall pay and discharge prior to delinquency, any and all
i
_ possessory interest taxes or other taxes levied against its right to possession, occupancy or use of any
Public Property pursuant to any right of possession, occupancy or use created by any Franchise or
License.
SECTION 2:
A summary of the ordinance, approved by the City Attorney, together with ayes and noes,
shall be published at least five days prior to its final passage in the Atascadero News, a newspaper •
published and circulated in Atascadero. A summary of the ordinance, approved by the City Attorney,
together with ayes and noes, shall be published before the expiration of fifteen(15) days after its final
passage in the Atascadero News, a newspaper published and circulated in Atascadero. A copy of the
full text of this ordinance shall be on file in the City Clerk's Office on and after the date following
introduction and passage and shall be available to any interested member of the public. This
ordinance shall take effect and be in full force and effect thirty (30) days after its final passage.
INTRODUCED at a regular meeting of the City Council held on the 23`d day of January,
2001, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of
California, on the day of , 2001, by the following roll call vote, to-wit: •
-56-
0 7 7
AYES:
NOES:
ABSENT:
J. Michael Arrambide, Mayor
ATTEST:
Marcia McClure Torgerson, City Clerk
ORDINANCE CODE PROVISION APPROVED
AS TO FORM AND CODIFICATION:
By:
Roy A. Hanley, City Attorney
Dated:
-57-
073
ITEM NUMBER: B-1
n' ®e 2 ■: (� DATE: 02/13/2001
iais G 197-9
Atascadero City Council
Staff Report— Public Works Department
Dissolution of Street Maintenance Districts
RECOMMENDATION:
Council:
1. Receive public testimony regarding dissolution of the Street Maintenance Districts; and
2. Approve the draft Resolution, dissolving maintenance districts involving Aguila Avenue,
Cayucos Avenue, Falda Avenue, Lobos Road, Maleza Avenue, Pinal/Escarpa Avenues, San
Fernando Road and Sonora/Pinal Avenues, established under the provisions of the
Improvement Act of 1911.
DISCUSSION:
At the meeting of January 23rd, City Council passed a Resolution of Intention to dissolve all
Street Maintenance Districts. The next step in the process is a Public Hearing to receive
questions and objections relating to this action. Public Hearing notices have been mailed,
published, and posted in the neighborhoods.
These Maintenance Districts were formed in the 80's at the request of the property owners to
provide improvements on non-city maintained roads. The roads were paved and an initial
assessment was charged. A maintenance fee of$20.00 per parcel is placed on the property taxes
to provide maintenance. This small charge is insufficient to provide an adequate level of
maintenance. Staff is recommending expending these funds on a final project after which the
maintenance fee will discontinued.
District # of Parcels
AGUILA AVENUE 5
CAYUCOS AVENUE 11
FALDA AVENUE 12
LOBOS ROAD 14
MALEZA AVENUE 9
PINAL/ESCARPA AVENUES 7
SAN FERNANDO ROAD 29
SONORA/PINAL AVENUES 18
TOTAL 105
079
ITEM NUMBER: B-1
DATE: 02/13/2001
FISCAL IMPACT:
The city collects a total of$2100.00 annually,from 8 Maintenance Districts. The funds are
deposited in accounts specified for that purpose.
ALTERNATIVES:
1. Dissolve Districts - direct staff to expend funds collected to the benefit of each specific
District.
2. Do not dissolve Districts - continue to collect maintenance fee and provide repairs as funds
become available.
ATTACHMENT: Draft Resolution
DRAFT RESOLUTION
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DISSOLVING ALL MAINTENANCE DISTRICTS ESTABLISHED
UNDER THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911
(STREETS AND HIGHWAYS CODE SECTION 5820-5856)
WHEREAS, the City Council had previously formed eight street maintenance districts pursuant
to the provisions of the Streets and Highways Code of the State of California; and
WHEREAS, the City Engineer desires to expend these funds as intended, and upon completion
of the project, dissolve the maintenance districts; and
WHEREAS, the Council adopted a Resolution of Intention to dissolve the maintenance districts
at their regular meeting of January 23, 2001; and
WHEREAS, a Public Hearing has been duly noticed and held on February 13th, 2001 to hear
objections and protests; and
NOW, THEREFORE, BE IT RESOLVED THAT: the Council of the City of Atascadero does
hereby declare the Maintenance Districts listed on attached Exhibit A to be dissolved effective June 30,
2001.
On motion by Councilmember and seconded by Councilmember
the foregoing resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
Marcia M. Torgerson, City Clerk J. Mike Arrambide, Mayor
APPROVED AS TO FORM:
Roy Hanley, City Attorney
•
G 8 1
EXHIBIT A •
STREET MAINTENANCE DISTRICTS
TO BE DISSOLVED
AGUILA AVENUE
CAYUCOSAVENUYE
FALDA AVENUE
LOBOSROAD
MALEZA AVENUE
PINAL/ESCARPA AVENUES
SAN FERNANDO ROAD
SONORAIPINAL AVENUES
032
ITEM NUMBER: C—1
�: ■s ■ ®' DATE:_ 02/13/20QI
1979
A' SCAI �to j
Atascadero City Council
Staff Report City Manager's Office
Cost Allocation and Development Impact Fee Study Agreement
RECOMMENDATION:
City Council:
a. Authorize the Mayor to execute an agreement with Revenue and Cost Specialists, L.L.C.
for a Master Facilities Plan, Development Impact Fee Report, a Cost Allocation Plan and
a User Fee Study; and
b. Authorize the Administrative Services Director to appropriate $89,125.00 from the
Reserve Fund.
•
DISCUSSION:
The City of Atascadero is in need of fee studies and cost allocation reporting information to
develop a legally supportable capital planning structure and growth financing policy. The Cost
Allocation Plan and Fee Study Reports will allow the City to identify and recover all of the costs
allowable. Longstanding federal court precedents regarding unreasonable "takings" and recent
statutory changes have generated a need for a Citywide Development Impact Fee Nexus Study to
construct and support impact fees for capital infrastructure and open space acquisition.
Consultant Selection: The City's request for proposals was sent to eight firms with specialization
in this area. Three firms responded with proposals. They were:
1) Revenue and Cost Specialist, L.L.C., Fullerton, California
2) DMG Maximus, Irvine, California
3) Fieldman, Rolapp & Associates, Irvine, California(D.I.F. Report only)
A screening and interview team consisted of Wade G. McKinney, Brady Cherry and Rachelle
Rickard. The firm's proposals were evaluated based upon key personnel assigned to the project,
experience and qualifications, detailed work plans and schedules, similar projects and references.
The interview team selected RCS, primarily based upon their strong proposals, experience and
interview presentation. The DMG Maximus scope of work was not as encompassing as the RCS
y� proposal, and required that the City pay for study updates.
The proposed scope of work will consist of the following:
G33
ITEM NUMBER: C-1
DATE: 02/13/2001
Indirect Cost Allocation Plan: Prepare cost allocations that include all costs permissible for use
with the Fee Study and in conformance with guidelines of Federal A-87 process. The costs •
calculated from the Cost Allocation Plan will be used for the distribution of general City indirect
costs to the City budget and to services in a User Fee Study, including sewer overhead costs in
compliance with Proposition 218.
User Fee Study: The Study will use the costs allocated from the Cost Allocation Plan for the
distribution of indirect costs to each "End User Service." It identifies the total costs and
revenues for each service, the current fees, and makes fee recommendations. The consultant will
review subsidy percentages and revised fee schedules with the Council. Includes software
provided to the City for future use and updates.
Development Impact Fee Study: The Study process involves developing a legally supportable
capital planning structure and growth financing policy. The Development Impact Fee Nexus
Study encompasses fees for police, fire, traffic improvements, drainage, wastewater, general
facilities, public use facilities, and parkland infrastructure. Open Space acquisition is also
included. The consultant will conduct an analysis and calculation of impact fees and the
contextual nexus meeting statutory and Federal precedents. A specific list and costs of needed
standards and improvements (from the facilities Master Plan process) for each of the
development impact fee infrastructure areas will be developed.
Development Impact Fees will assure property owners and developers of the City's capability to
provide and to sustain at a minimum the existing level of City services and improvements. The •
Study helps to eliminate the unfair likelihood of requiring existing taxpayers to pay for growth-
generated additional city infrastructure and facilities.
The timeline for project completion is October 15, 2001.
FISCAL IMPACT:
Approval of this agreement will require the appropriation of $89,125.00 from the General
Reserve Fund.
ALTERNATIVES:
Do not purchase copyrighted software for the Cost Allocation Plan and user Fee Study,
representing savings of$8,000.00 in the Project budget. This alternative is not recommended.
ATTACHMENTS:
Agreement with Revenue and Cost Specialists, L.L.C. for Master Facilities Plan, Development
Impact Fee Schedule, Cost Allocation Plan and User Fee Study.
034
• AGREEMENT TO CREATE A MASTER FACILITIES PLAN, _ -
A DEVELOPMENT IMPACT FEE SCHEDULE, A COST
ALLOCATION PLAN AND A USER FEE STUDY
This Agreement, entered into this day of , 2001, by and between the City
of Atascadero, California, hereinafter referred to as the "CITY" and Revenue & Cost Specialists,
L.L.C. hereinafter referred to as "RCS".
WITNESSETH:
WHEREAS, CITY is authorized and empowered to employ consultants and specialists in the
performance of its duties and functions; and
WHEREAS, CITY has the desire to secure certain technical and professional services to assist
in the creation of a the City's Master Facilities Plan, Development Impact Fee structure, Cost
Allocation Plan and a User Fee Study and;
WHEREAS, RCS represents it is qualified and willing to provide such services pursuant to
the terms and conditions of this Agreement;
NOW, THEREFORE, BE IT AGREED, by and between the CITY and RCS as follows:
L SERVICES TO BE PERFORMED BY RCS
• RCS agrees to perform all work necessary to complete, in accordance withood professional
g p essional
standards, those tasks/functions described in the 12/19/00 (CAP/Users Fees) and 12/20/00
(MFP/DIFs) Proposals, as set forth in full.
IL SUBCONTRACTING
RCS shall not subcontract or otherwise assign any portion of the work to be performed under
this Agreement without the prior written approval of the CITY.
III. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall enure to the benefit of any successors to or
assigns of the parties. RCS shall not assign, delegate or transfer the rights and duties under this
Agreement or any part thereof, without the prior written consent of CITY.
IV. INDEPENDENT CONTRACTOR
In the performances of the services herein provided for, RCS shall be, and is, an independent
contractor and is not an agent or employee of CITY. RCS has and shall retain the right to
exercise full control and supervision of all persons assisting RCS in the performance of said
• City Initial and Date / / RCS Initial and Date ! /2.7-/ o
085
services hereunder, except to the extent that employees of CITY will be providing services or
performing tasks so designated for City staff within the two Proposals December 19 and 20; 2000. •
RCS shall be solely responsible for all matters relating to the payments of its employees including
compliance with social security and income tax withholding and all other regulations governing
such matters.
V. DISPUTE
Upon written demand and mutual written consent, all disputes under this Agreement shall be
determined by arbitration conducted by the American Arbitration Association under its appropriate
rules and regulations. If both parties do not consent in writing to submit the dispute to arbitration,
the dispute shall be adjudicated in a court of law in San Luis Obispo County, under the laws of
the State of California.
V.I. NOTICES
Notices shall be sufficient hereunder if personally served upon the City Manager of CITY or
an officer or principal of RCS, or if sent via the United States Postal Service, postage prepaid,
addressed as follows:
Name of City: City of Atascadero
Address: 6500 Palma Avenue
Atascadero, CA 93422 •
Revenue & Cost Specialists, L.L.C.
2545 E. Chapman Avenue, Suite 103
Fullerton, California 92831
VII. ATTORNEY'S FEES
In the event that litigation becomes necessary to enforce any of the terms and conditions of this
Agreement, the party prevailing in any such litigation shall be entitled to attorney's fees and costs,
as said fees and costs are reasonably determined by said court of jurisdiction.
VIII. INDEMNIFICATION AND HOLD HARMLESS
RCS agrees that it shall not hold CITY liable for any loss, damage or injury of any kind
whatsoever to the person or property of RCS or any of RCS's employees, guests or invitees or of
any person whomsoever caused by any use of the demised premises or by any defect in any
buildings, structure or other improvement constructed thereon or arising from any accident on said
premises or any fire or other casualty thereon or occasioned by the failure on the part of CITY
to maintain said premises in a safe condition or of any nuisance made or suffered on said premises
City Initial and Date / / RCS Initial and Date t /z2/v,. •
or by any act or omission of CITY or of CITY's employees, guests, invitee's or arising for any
• cause whatsoever; and RCS hereby waives on its behalf all claims and demands against CITY for
any such loss, damage or injury to RCS and hereby agrees to indemnify and save CITY free and
harmless from liability for any such loss, damage or injury of other persons and from all costs,
expenses and other charges arising therefrom and in connection therewith except for claims and
demands arising from specific actions of CITY.
IX. INSURANCE
RCS shall, at no cost to the CITY, obtain and maintain during the term hereof. (a) Workers'
Compensation Insurance pursuant to state law, and (b). Comprehensive Liability Insurance,
including coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$100,000 for all damages due to bodily injury, sickness or disease, or death to any
person, and damage to property, including the loss of use thereof, arising out of each accident or
occurrence. Consultant shall furnish evidence of such coverage, naming Public Agency, its
officers and employees as additional insured, and requiring 30 days written notice of policy lapse
or cancellation.
RCS hereby covenants and agrees to, and shall, indemnify, save harmless and defend, the
CITY, its agents and/or employees against all claims, demands, costs, and liabilities for damages
of any kind or nature arising out of or occasioned by the Contractor's performance of its
obligations pursuant to this Agreement. However, this indemnity does not extend to any loss,
• damage or expense arising out of the negligence or willful misconduct of the CITY or the CITY's
employees.
IN WITNESS WHEREOF, the parties hereto have affixed their hands on the day and year first
above written.
CITY OF ATASCADER0
BY:_ DAT
Title:
ATTEST: _ DA
Title:
REVENUE do COST SPECIALISTS, L.L.C.
:22- 2 oo�
O ,
Senior Vice President
. City Initial and Date / / RCS Initial and Date / /z z/® }
G 7
ITEM NUMBER: C-2
DATE: 02/13/20017
ill Bill
Atascadero City Council
Staff Report- City Manager's Office
Personnel System Rules
RECOMMENDATION:
Council adopt draft Resolution establishing Personnel System Rules.
DISCUSSION:
The City has worked for more than ten(10) years to update the Personnel Rules and Regulations.
Initially an employee task force was assembled representing the various associations,
departments and management. After a couple of years of monthly and sometimes weekly
meetings the project became stalled in the midst of the budget/layoff crisis of the early 1990's.
The employees revived the task force in 1994; it did not include management representation. A
poorly worded model Rules and Regulations guided the task force for the next three years.
Because the model was weak and the employees were extremely sensitive to the issue of layoffs,
it was a difficult project to gain consensus.
In 1998, the City Council identified the Personnel Rules and Regulations as an administrative .
priority. The prior work was essentially abandoned and a new model consistent with the current
"state of the art" was located. The City Manager and City Attorney drafted Personnel System
Rules that were submitted to the City's employee associations and union.
The required "meet and confer" process is now complete and the Personnel System Rules are
ready for Council adoption. The document reflects the State Law requirements, current policy
and provisions of the various labor agreements. While fundamentally there are no major policy
changes, the new rules provide significantly more definition and clarity to the various personnel
issues faced by the City. The rules also incorporate the many requirements that have emerged
from case law since the original adoption in 1980 and the subsequent amendments.
• FISCAL IMPACT: None
Ct.®
ITEM NUMBER: C-2
DATE: 02/13/2001
ALTERNATIVES:
Direct additional amendments to the Personnel System Rules. This action would require the City
to again "meet and confer" with the various employee associations and union over the proposed
change
ATTACHMENT: Personnel System Rules
•
C * ty
of At
,a
_.M Ilia
IIS
1913 � Ili��� hili 19TH
9
All,
Personnel System R
February 2001
�� o
CITY OF ATASCADERO-DRAFT PERSONNEL SYSTEM RULES
TABLE OF CONTENTS •
RULE 1 MERIT PERSONNEL SYSTEM.......................................................................... 1
Section1.1 Purpose.................................................................................................................. 1
Section 1.2 Merit Employment Policy...................................................................................... 1
Section 1.3 Intent of the Personnel System............................................................................... 1
Section 1.4 Prior Policies Repealed.........................................................................................2
Section 1.5 Term of Personnel Manual....................................................................................2
Section1.6 Non-Discrimination...............................................................................................2
Section 1.7 Application of Personnel Rules.............................................................................2
Section1.8 Violation of Rule.................................................................................................... 3
Section 1.9 Employee Responsibility........................................................................................3
Section 1.1 OAdm inistrative-Department Policies and Procedures......................................... 3
Section 1.1]Distribution of Personnel Policies........................................................................ 3
Section1.12Savings Clause...................................................................................................... 3
RULE2 DEFINITION OF TERMS ....................................................................................4
RULE3 CLASSIFICATIONS........................................................................................... 11
Section3.1 Purpose................................................................................................................ 11
Section 3.2 Classification Plan.............................................................................................. 11
Section 3.3 Administration.................................................._.................................................. I1 •
Section 3.4 Classification of Positions................................................................................... 11
Section 3.5 Classification of New Positions........................................................................... 11
Section3.6 Reclassification.................................................................................................... 11
Section 3.7 Job Descriptions (Specifications)........................................................................ 12
Section3.8 Vacancies............................................................................................................. 13
RULE4 COMPENSATION.............................................................................................. 14
Section4.1 Compensation Plan.............................................................................................. 14
Section4.2 Definition of Steps............................................................................................... 14
Section4.3 Initial Appointment............................................................. ............................... 14
Section 4.4 Step Advancements.............................................................................................. 14
Section4.5 Promotion............................................................................................................ 14
Section4.6 Demotion.............................................................................................................. 15
Section4.7 Reclassification.................................................................................................... 15
Section4.8 Re-instatement..................................................................................................... 15
Section4.9 Re-employment.................................................................................................... 15
Section 4.1 OPart-time Regular Employees............................................................................. 15
Section 4.11 Temporary Appointments.................................................................................... 16
Section 4.12Changes to Anniversary Date.............................................................................. 16
Section 4.13 Acting/Out of Classification Pay Provisions.......................................................16
RULE 5 APPLICATIONS AND APPLICANTS......................................................................... 18
Section5.1 Announcement...................................................................................................... 18 •
Section 5.2 Recruitment Process............................................................................................ 18
Section5.3 Application Filing................................................................................................ 19
Revised 2/3/01 0 9 1
CITY OF ATASCADERO-DRAFT PERSONNEL SYSTEM RULES
• Section 5.4 Interest Card Filing........................................................ ..-19
Section 5.5 Applicant Disqualifications................................................................................. 19
Section 5.6 Submitting Applications.......................................................................................20
Section 5.7 Incomplete Applications......................................................................................21
Section 5.8 Application Disposition.......................................................................................21
RULE 6 EXAMINATIONS................................... ............................22
................................
Section 6.1 Nature and Types of E_raminations......................................................................22
Section6.2 Conduct of Examination............................................................. .......................................................
Section 6.3 Scoring Examination and Qualifying Scores.......................................................22
Section 6.4 Notice of Examination Results.............................................................................23
Section 6.6 Record
Section 6.5 Inspection of Tests................................................ ........... 23
...........................
........................................................................................
Section 6.7 Selection Procedures ..........................23
...........................................................................................23
Section 6.8 Exemption from Examination..............................................................................23
RULE 7 EMPLOYMENT LISTS......................................................................................24
Section 7.1 Establishment of Employment List:................................... .........24
.........................
Section 7.2 Types of Lists.......................................................................................................24
Section7.3 Duration of Lists.................................................................................................. 24
Section 7.4 Removal of Names from Lists..............................................................................25
RULE8 APPOINTMENTS...............................................................................................26
• Section 8.1 Vacancies...............................................................
Section 8.2 Certification Order.................................................................... ......26
....................
Section 8.3 Short Certifications............................................. �6
.............................................
Section8.4 Appointments.......................................................................................................26
Section 8.5 Emergency Appointment......................................................................................28
Section 8.6 Offer of Employment............................................................................................29
Section8.7 Fingerprints.........................................................................................................29
Section 8.8 Medical Examination........................................................................................... 29
Section 8.9 Driver's License and Driving Record.................................................................. 30
Section 8.1 OEmployment Oath................................................................................................ 30
Section 8.1 Mdentification Cards............................................................................................. 30
Section8.12Keys..................................................................... ............ 30
....................................
Section 8.13Other City Property.............................................................................................31
RULE 9 PROBATIONARY PERIOD...............................................................................32
Section 9.1 Purpose............................................................
Section 9.2 Duration of Probationary Period........................................................................32
Section 9.3 Successful Completion of Probationary Period..................................................32
Section 9.4 Rejection of Probationer..................................................................................... 32
Section 9.5 Rejection Following Promotion...........................................................................32
Section 9.6 Demotion and Transfer Probationary Period.....................................................32
Section 9.7 Reemployment and Reinstatement Probationary Period.....................................33
Section 9.8 Interrupted Probationary Period.........................................................................33
• Section 9.9 Extension of Probationary Period.......................................................................33
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CITY OF ATASCADERO-DRAFT PERSONNEL SYSTEM RULES
RULE 10 TRANSFER, PROMOTION,DEMOTION, SUSPENSION AND •
REINSTATEMENT .....................................................................................................................34
Section10.1 Transfer.............................................................................................................. 34
Section10.2 Promotion...........................................................................................................34
Section10.3 Demotion............................................................................................................ 35
Section10.4 Suspension..........................................................................................................35
Section10.5 Reinstatement..................................................................................................... 36
RULE 11 DISCIPLINARY PROCEDURES.......................................................................37
Section11.1 Policy..................................................................................................................37
Section 11.2 Basis for Disciplinary Actions............................................................................ 37
Section11.3 Types of Discipline.............................................................................................41
Section11.4 Written Notice..................................................................................................... 42
Section11.5 Employee Review................................................................................................ 43
Section11.6 Employee Response............................................................................................43
Section11.7 Suspension.......................................................................................................... 43
Section11.8 Relief of Duty......................................................................................................43
Section11.9 Demotion............................................................................................................ 44
Section11.10 Reduction in Pay..............................................................................................44
Section11.11 Termination...................................................................................................... 44
Section11.12 Appeal...............................................................................................................44
RULE12 GRIEVANCE PROCEDURE..............................................................................46
Section12.1 Purpose...............................................................................................................46 •
Section 12.2 Representation....................................................................................................46
Section12.3 Definition............................................................................................................ 46
Section12.4 Conferences........................................................................................................ 46
Section12.5 Investigation....................................................................................................... 46
Section12.6 Steps.................................................................................................................... 47
Section12.7 Hearings.............................................................................................................48
RULE 13 LAYOFF POLICY AND PROCEDURE............................................................50
Section13.1 Policy.................................................................................................................. 50
Section13.2 Notification......................................................................................................... 50
Section 13.3 Order of Lao ........................................................50
Section13.4 Displacement...................................................................................................... 50
Section 13.5 Vacancy and Demotion....................................................................................... 50
Section13.6 Reemployment List............................................................................................. 51
Section 13.7 Duration of Reemployment List.......................................................................... 51
RULE 14 SEPARATION FROM EMPLOYMENT............................................................52
Section 14.1 Abandonment of Position................................................................................... 52
Section 14.2 Disciplinary Action.............................................................................................52
Section14.3 Layoff:................................................................................................................. 52
Section14.4 Resignation.........................................................................................................52
Section14.5 Retirement..........................................................................................................52
Section14.6 Disability............................................................................................................ 52 •
Section 14.7 Certificates/Licenses..........................................................................................53
Section14.8 Death of Employee............................................................................................. 53
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CITY OF ATASCADERO-DRAFT PERSONNEL SYSTEM RULES
• Section 14.9 Exit Interviews.............................................................. ............................-53
RULE 15 LEAVE
Section15.1 Attendance.......................................................................................................... 54
Section15.2 Vacation Leave................................................................................................... 54
Section15.3 Holiday Leave..................................................................................................... 55
Section15.4 Sick Leave...........................................................................................................56
Section 15.5 Bereavement Leave.............................................................................................57
Section15.6 Military Leave....................................................................................................58
Section15.7 Jury Duty............................................................................................................ 58
Section15.8 Voting.................................................................................................................59
Section 15.9 Leave of Absence Without Pay...........................................................................59
Section 15.10 Unauthorized Leave of Absence....................................................................... 60
RULE 16 REPORTS AND RECORD KEEPING...............................................................61
Section16.1 Personnel Files................................................................................................... 61
Section 16.2 Access to Administrative Records...................................................................... 61
Section 16.3 Employee Access to Their Personnel Records................................................... 61
Section 16.4 Access to Personnel Records by Department Heads.......................................... 61
Section 16.5 Destruction of Records....................................................................................... 61
Section 16.6 Purging of Employee Discipline Records.......................................................... 61
Section 16.7 Personnel Action Form...................................................................................... 62
Section 16.8 Address Notification....................................................... ..... 62
...............................
• Section 16.9 Performance Evaluations..................................... . . ............ 62
RULE 17 HARASSMENT.......................................................... ............64
............................
Section17.1 Introduction........................................................................................................ 64
Section 17.2 Protected Classifications.................................................................................... 64
Section17.3 Application......................................................................................................... 64
Section 17.4 Harassment Defined........................................................................................... 64
Section 17.5 Reporting Procedure.......................................................................................... 65
Section17.6 Investigation....................................................................................................... 65
Section 17.7 Internal Documentation Procedure.................................................................... 66
Section17.8 Confidentiality.................................................................................................... 66
Section17.9 Remedies............................................................................................................. 66
Section17.10 Retaliation........................................................................................................ 67
Section 17.11 Employee Obligation........................................................................................ 67
RULE 18 GENERAL RESTRICITIONS............................................................................68
Section 18.1 Alcohol and Controlled Substances................................................................... 68
Section 18.2 Outside Employment........................................................................................... 68
Section 18.3 Conflicts of Interest............................................................................................ 69
Section18.4 Nepotism............................................................................................................. 70
Section 18.5 Political Activity................................................................................................. 70
Section 18.6 Personal Telephone Use..................................................................................... 71
Section 18.7 Dress and Grooming Standards......................................................................... 71
Section18.8 Benefits........................... ............................................................................... 71
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 1 MERIT PERSONNEL SYSTEM w •
Section 1.1 Purpose
The purpose of this personnel system is to:
1. Establish an equitable and uniform procedure for dealing with personnel matters.
2. Attract the most competent and desirable persons available for employment.
3. Assure that appointment and advancement of employees are based on merit and ability.
4. Provide reasonable security for qualified employees.
The objectives of these personnel system rules are to facilitate efficient and economical service to
the public and provide for a fair and equitable system of personnel management in the municipal
government. These rules set forth those procedures and policies, which ensure similar treatment for
those who, compete for original and promotional employment and define certain obligations, rights,
privileges, benefits, and prohibitions which are placed upon all employees in the service of the City.
Section 1.2 Merit Employment Policy
It is the policy of the City to provide for an employment system that assures that employees are
selected, promoted and retained on the basis of merit. It is the intent of this system to provide fair •
and equitable treatment to all applicants for employment. The screening and selection of employees
shall be on a specific job related basis. The potential and actual performance of employees within
the City shall guide employment decisions with the goal of providing a high performance work force
for the residents of the City.
Section 1.3 Intent of the Personnel System
1. Employment Standards: The City Council and all the citizens of the City have the right to
expect that the City will employ the best qualified persons available, that the tenure of every
City employee will be based on a demonstrated need for the work performed, availability of
funds, competent effective performance, proper personal conduct, and continuing fitness for
the position.
2. City Responsibility to Employees: Each employee of the City has the right to expect: to be
fully informed of his or her duties and responsibilities; to be provided with adequate
administrative and supervisory direction; to be informed of job expectations and desired
work behaviors; that promotions will be made on the basis of merit and ability; and
progressively improved work performance over an extended period will be recognized and
rewarded; that incompetence and misconduct will not be tolerated; and that suspensions,
demotions, terminations, and other disciplinary actions will be administered in a fair and
impartial manner.
•
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• Section 1.4 Prior Policies Repealed _-
If the terms and provisions of these personnel system rules are inconsistent or in conflict with the
terms and provisions of any prior City of Atascadero ("City") personnel system rules, resolutions,
rules and regulations governing the same subject, the terms of these personnel system rules shall
prevail and such inconsistent or conflicting provisions or prior resolutions, rules and regulations are
hereby repealed.
Section 1.5 Term of Personnel Manual
These personnel system rules shall take effect when adopted by the City Council of the City. The
manual shall remain in effect unless repealed, in whole or part, by the City Council. The City
Council may in its sole discretion add to, delete or otherwise modify these personnel system rules,
subject to the following paragraph.
Prior to amendment of these personnel system rules the City Manager shall consult with City
employees or, if required or, upon request, meet and confer with affected recognized employee
organizations. As provided in Section 3500 et. Seq., of the Government Code, in cases of
emergency, when the City Council determines that amendment(s) to personnel rules or policies must
be adopted immediately without prior notice or meeting with a recognized employee organization,
the City shall provide such notice and opportunity to meet at the earliest practical time following
adoption by the City Council.
• Section 1.6 Non-Discrimination
The City shall comply with applicable federal and state laws governing fair employment practice and
equal opportunity. The City strictly prohibits unlawful discrimination. This includes discrimination
on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, sexual orientation, marital status, sex, age or any other protected class
under applicable law.
Section 1.7 Application of Personnel Rules
These personnel rules shall apply to all officers, positions and employment in the service of the City,
except:
a) Elected officials;
b) The City Manager and others designated or appointed by the City Council;
C) Members of appointed boards, commissions, committees, and agencies other than
City employees;
d) Persons engaged under contract to supply expert, professional, technical or any other
services;
• e) Volunteer personnel, including but not limited to student interns;
fl Contract employees;
C.7b
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
i
i
g) Emergency employees who are hired to meet the immediate requirements of an i
emergency condition, such as extraordinary fire, flood or earthquake which threatens
life or property; and
h) Employees, who are temporary, whether full time or part time, or seasonal,
temporary and seasonal employees are not regularly employed in budgeted.
Section 1.8 Violation of Rule
Violation of the provisions of these rules shall constitute grounds for disciplinary action. A violation
shall not make disciplinary action mandatory but shall be given such weight as shall be appropriate
in view of all the circumstances.
Section 1.9 Employee Responsibility
It shall be the responsibility of each employee to become aware and be knowledgeable of these
personnel system rules.
Section 1.10 Administrative-Department Policies and Procedures
The City Manager or individual City department heads may develop and administer supplemental
written department policies and procedures as deemed necessary for the efficient, safe and orderly
administration of the City or department. However, no such policies or procedures shall conflict
with or supersede these personnel system rules, other Council resolutions and ordinances, or existing •
laws, and shall be approved by the City Manager before their implementation. Copies of department
policies and procedures must be distributed to each employee of the department.
Section 1.11 Distribution of Personnel Policies
A copy of these personnel system rules shall be distributed to each City employee and each
recognized employee organization. Newly hired employees shall receive a copy upon hire. Copies
of these personnel system rules shall also be distributed to each department of the City. Department
Heads shall make them accessible to employees. Copies shall be available in the personnel office.
Employees with questions about these personnel system rules may direct them to his/her immediate
supervisor,the department head or to the personnel office.
Section 1.12 Savings Clause
If any provisions, or the application(s) of any provision of these personnel system rules, as
implemented, are rendered or declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining provision of these personnel
system rules shall remain in full force and effect. Nothing in these personnel system rules shall be
construed to deny any person or employee the rights granted by federal and state law. The rights,
powers and authority of the City Council in all matters, including the right to maintain any legal
action, shall not be modified or restricted by these regulations.
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 2 DEFINITION OF TERMS
Terms used in these personnel system rules are defined as follows:
Abandonment of Position - The failure to report to work for three consecutive regular work shifts
without prior advance notification by the employee and approval of the City.
Acting Appointment - An appointment of a person who possesses at least the minimum
qualifications established fora particular class and who is appointed to a position in that class in the
absence of available eligible incumbents, or on an interim basis pending later appointment of an
eligible person.
Advancement- A salary increase within the limits of a pay range established for a class.
Allocation - The assignment of a single position to its proper class in accordance with the duties
performed, and the authority and responsibilities exercised.
Anniversary Date — The date which a person is appointed to a position and placed on the City
payroll or as modified according to these rules. The date determines eligibility for a salary step
increase except as modified according to these rules.
Appeal - A written request by an employee for consideration in matters relating to grievance and/or
discipline as set forth in these rules.
SApplicant- Any person submitting a formal completed application for employment with the Cit
y.
Appointing Authority- The City Manager is the appointing authority for all City employees, except
the City Attorney and such other positions to which appointment is reserved by the City Council by
ordinance. The City Council shall appoint the City Manager. The City Manager may delegate
appointing authority. All further delegations of appointing authority must be approved by the City
Manager.
Appointment - The offer to, and acceptance by, an individual for a position in the competitive
service.
Authorized Position - A specific work position within a job classification that is or may be held by
an employee.
Benefit Date—The date which a person is appointed to a position and placed on the City payroll or
as modified herein. Employees who are absent without pay for any period of time shall have his or
her benefit date adjusted to reflect the deduction of the period of time in which the employee was
absent without pay.
Break in Continuous Service - Separation of the employees from City employment initiated by
either the City or the employee for any period without pay.
• Bulletin Board - The official posting place for public notices as prescribed by law.
Certification - The furnishing of names by Personnel Officer of eligible, available candidates for
Revised 2/3/01 ` 4
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
employment, from an employment list in the manner prescribed in these rules. •
City-The City of Atascadero.
City Council- The City Council of the City of Atascadero.
City Manager- The City Manager of the City of Atascadero, or his/her designee.
Class - The result of grouping together those positions that are similar in duties, authority, and
responsibility, so that the same requirements as to education, general experience, general knowledge,
and ability may be required of incumbents, to permit grouping under a common title in the
application with equity of common standards of selection, transfer, demotion and salary, and so that
the same schedule of compensation may be made to apply, notwithstanding that individual positions
in the same class may be assigned specifically different duties and responsibilities. Each class will
be assigned a separate class title.
Class Specification - The official description of a class including: (1)the title, (2) a definition, (3) a
statement of the duties and responsibilities, and (4) the employment standards, such as education,
experience, knowledge and skills, and abilities which may be required of applicants.
Classification- The action of assigning a position(s)to a class.
Classification Plan The arrangement of positions in classes, together with the title and
specifications describing each class.
Compensation - Salary, wages, fees, benefits, allowances or any other consideration paid to an
employee for performing the duties for exercising the responsibilities of a position.
Compensatory Time- Time off from work in lieu of monetary payment for overtime work.
Competitive Service - All positions of employment in the service of the City except those excluded
by the personnel ordinance, appointed on basis of qualifications required for the position without
regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, sexual orientation, marital status, sex, age or any other protected class under
applicable law.
Continuous Examination — An open-competitive examination which is administered periodically,
application for which is continuously accepted.
Continuous Service - Employment in a regular position that is uninterrupted from the effective date
of the appointment except by an authorized absence with pay or as required by law.
Contract Employees - Contract employees are those individuals employed by the City pursuant to
the terms of an individual employment contract that sets forth terms and conditions of employment.
Days-Means calendar days unless otherwise stated.
Demotion- The movement of an employee from a position in one class to another class, the new •
class having a lower maximum base rate of pay.
Revised 2/3/015
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• Department - A major administrative branch of the City involving a general line of work with one
or more employees under the charge of one or more individuals known as supervisors.
Department Head - The individual designated as the administrative head of a City department.
Disciplinary Action - The termination, demotion, reduction in pay, reprimand, counseling and/or
suspension of a regular employee for cause, designed to correct the conduct or performance of
employees who fail to meet established standards and, in the case of the habitual problem employee
or the one who has engaged in unacceptable behavior, to terminate the employee from the work
force.
Due Process - Process required by lav to administer disciplinary actions by management.
Eligible-A person whose name is on an employment list.
Employee - A person who is legally occupying a position in the City's service or who is on an
authorized leave of absence for such position.
Employment Date- Date on which an employee was hired to fill a position with the City.
Employment List- A list of names of persons who may be considered for employment with the City
under specified conditions. Employment lists will be prepared as needed as determined by the City
Manager.
• Evaluation Date- For the purpose of step advancement this term shall mean
the date upon which the
employee's most recent step advancement occurred.
Examination—
1. Open Examination - An examination for a particular class that is open to persons meeting the
qualifications for the class.
2. Promotional Examination - An examination for a particular class, admission to which is
limited to regular employees who meet the qualifications for the class.
3. Closed Examination—An examination for a particular class, admission to which is limited to
employees who meet particular qualifications for the class.
Exempt Employees - The City Manager, department heads, executive or professional staff,
administrative technical staff, and others whose duties and responsibilities allow them to be
"exempt" from overtime pay provisions as provided by the Federal Fair Labor Standards Act(FLSA)
and any applicable state laws.
Fiscal Year- The fiscal year for the City begins on July 1 and ends on June 30 of the next calendar
year.
Full-time Position - A budgeted position in which an employee of the City who is regularly
• scheduled to work at least forty (40) hours per week and/or no less than two thousand eighty hours
per year.
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
Grievance - The formal allegation made by an employee that the City, or one of its representatives •
has violated, misinterpreted, or misapplied the provisions of the Memorandum of Understanding
and/or City personnel ordinances, rules and regulations, or administrative directives.
Grievance Procedure - The systematic means set forth in these personnel system rules manual by
which an employee may obtain consideration of a grievance.
Job Description - Description of duties, responsibilities, and minimum qualification requirements of
the positions included in the class.
Lay-off - The separation of employees from the active work force for non-disciplinary reasons,
including but not limited to lack of work or funds, the abolition of positions by the City Council, or
organization changes.
Leave of Absence- An authorized absence from duty for a specified period.
Memorandum of Understanding - (M.O.U.) An understanding reached as a result of meeting and
conferring on hours, wages, and working conditions in accordance with California law and City
ordinances, resolutions and rules.
Minimum Qualifications - The minimum qualifications deemed necessary for a candidate to
possess for selection to fill a vacancy and to maintain employment with the City.
Oral Interview- Part of an examination conducted by a competent interviewer or interview board to •
evaluate the candidate's education, experience, and general qualifications pertinent to the position for
which examined.
Out-of-Class Pay - The salary an employee shall receive for working in a classification having a
higher salary range than the one to which that employee was appointed during a period of time as
specified in the Memorandums of Understanding.
Overtime - As defined by the Fair Labor Standards Act and in accordance with provisions of the
Memorandums of Understanding.
Part-time Position - A position in which an employee of the City who is regularly scheduled to
work less than forty(40)hours per week and/or less than two-thousand eighty hours per year.
Performance Evaluation - A review and evaluation of an employee's performance and capabilities
in the employee's authorized position by the employee's immediate supervisor and/or other member
of management at designated intervals. The performance evaluation shall be filed in employee's
official personnel file. An employee shall have a minimum of one performance evaluation annually.
Personnel Officer - The City Manager or an employee of the City designated by the City Manager
as the Personnel Officer who is responsible for the personnel function of the City.
Personnel Ordinance- Ordinance No. which creates a personnel system for the City.
Personnel System Rules Manual - This group of personnel system rules concerning employment •
with the City of Atascadero.
Revised 2/3/01 1 €tJ 1
CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• Personnel Records - The official records of the City for each employee maintained by and in the
personnel office or such other locations as may be necessary.
Position - A specific office or employment provided by the budget, whether occupied or vacant, of
limited term or regular term, and requiring the performance of certain duties and responsibilities
assigned or delegated by the appointing authority.
Probationary Period - A period from original date of hire to be considered an integral part of the
examination, recruiting, testing and selection process during which an employee is required to
demonstrate fitness for the position to which the employee is appointed by actual performance of the
duties of the position.
Professional Employee Management, supervisory and technical employees engaged in work
requiring specialized knowledge and skills and as so designated by the City.
Promotion - The movement of an employee from a position of one class to a position in another
class having a higher maximum salary rate, generally with an increase in duties and responsibilities
over the employee's present class.
Promotional Probationary Period - The probationary period of an employee's service in a
promotional position.
Reclassification - Modification of job title and corresponding salary range adjustment supported by
• an appropriate classification analysis prepared under the direction of Personnel Officer which
identifies a change in level of difficulty or responsibilities between the existing job description and
actual fob duties.
Reduction in Pay- A temporary or permanent decrease in salary.
Reemployment - The restoration of a former regular employee to a classification in which the
employee formerly served as a regular non-probationary employee prior to lay-off from the City.
Regular Employee - An employee who has successfully completed the probationary period and has
been retained as hereafter provided in these rules.
Regular Position - A budgeted position, the duties of which do not terminate at any stated time.
Reinstatement - The restoration without examination of a former regular employee to a
classification in which the employee formerly served as a regular non-probationary employee within
one year of voluntary resignation from the City.
Rejection - The termination or demotion of an employee during a probationary period.
Relief of Duty - The temporary assignment of an employee to a status of administrative leave with
pay-
Reprimand - An oral or written notification to an employee regarding a censure made as a
• disciplinary action.
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
Resignation - Voluntary termination of employment by an employee, including the abandonment of •
the position.
Salary-The wages paid for services performed.
Salary Increase- An increase in salary for a classification as a result of the meet-and-confer process
and/or City Council action.
Salary Plan - A schedule of salaries and salary ranges for all classifications as adopted by the City
Council.
Salary Range - Categories which determine the minimum and maximum salary with appropriate
steps for each employment classification.
Seniority - Precedence of one employee over another based on length of service from date of hire,
first within the classification, then within the department, and then within the City to be determined
by continuous employment from the date of hire into a regular position.
Separation- The voluntary or involuntary end of City employment.
Smoking- Includes any lighted cigarette, cigar or pipe.
i
Standard Work Week—
Miscellaneous, confidential and management employees - Any consecutive seven (7)-day period, as
determined by the City, consisting of forty(40) hours worked. .
Sworn Police employees - Any consecutive fourteen (14)-day period, as determined by the City,
consisting of eighty(80) hours worked. j
Fire employees - Any consecutive twenty-eight (28)-day period, as determined by the City,
consisting of two hundred and twenty-four(224)hours worked. i
Step Increase - A salary increase of one or more steps within the limits of the salary range
established for a class.
Supervisor - A person having authority in the interest of the City to direct employees, or to adjust
grievances, or effectively to recommend any such action, if in connection with the foregoing the
exercise of such authority is not of a merely routine or clerical nature, but requires the use of
independent judgement.
f
Suspension - The temporary separation, without pay, from service of an employee for disciplinary
purposes.
i
Temporary or Seasonal Position - A part-time or full-time budgeted or non-budgeted position of
limited duration.
Termination - Separation from City employment for disciplinary reasons or as a result of rejection
during a probationary period.
Transfer - The movement of an employee within a department or between departments from one •
position to another position in the same class or another class having the same maximum salary.
k
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• Vacancy- An unfilled authorized position in the City of Atascadero employment.
Work Shift- The days of the week and the hours on each of those days that an employee is assigned
to work on a regular basis.
Y Rate - A designated rate higher than the established maximum for the position. Employee is held
at the designated salary until pay structure adjustment brings employee within the maximum rate for
the class.
•
•
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 3 CLASSIFICATIONS •
Section 3.1 Purpose
The classification plan provides a complete inventory of all positions in the competitive service and
an accurate description and specification for each class of employment. The plan standardizes titles,
each of which is indicative of a definite range of duties and responsibilities, and has the same
meaning throughout the service.
Section 3.2 Classification Plan
The Personnel Officer shall ascertain and record the duties and responsibilities of all positions in the
City and shall prepare a classification plan for such positions. The classification plan shall consist of
classes of positions defined by class specification, including the title. The classification plan shall be
so developed and maintained that all positions substantially similar with respect to duties,
responsibilities, authority, and character of work are included within the same class, and that the
same schedules of compensation may be made to apply with equity under similar working conditions
to all positions in the same class.
Section 3.3 Administration
The City's classification plan is continually reviewed, based on the job analysis and utilized for
decision making on compensation, selection, employee development, career advancement, and other
personnel activities. The Personnel Officer shall ascertain and record the duties and responsibilities •
of all positions in competitive service, and prepare a classification for such positions.
Section 3.4 Classification of Positions
Each position shall be allocated to the appropriate class in accordance with the character, difficulty,
and responsibility of its assigned duties. Positions in a single class shall be sufficiently similar to
permit substantially the same level of skill, knowledge, ability, and other qualifications required of
incumbents, same or similar selection method to select incumbents, and the same schedule of
compensation.
Section 3.5 Classification of New Positions
The City Manager shall prepare the proper assignment of any new positions to a class in the
classification plan or, when appropriate, create a new class. When a new position is created and is
classified before it is occupied, such position shall be subject to review by the Personnel Officer after
it is occupied to determine if the incumbent is performing the duties of the class.
Section 3.6 Reclassification
The classification plan may be amended from time to time. The assigned duties of positions that
have been materially changed by the City so as to necessitate reclassification, whether new or
already created, shall be allocated by the City Manager to a more appropriate class. Reclassification
shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, nor
to effect a change in salary in the absence of a significant change in assigned duties and •
responsibilities. During the process of consideration, any recognized employee organization affected
Revised 2/3/01
CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
shall be advised. Amendments and revisions of the plan may be suggested by any interested•party,
including any recognized employee organization, and shall be submitted to the City Manager.
The City Manager may approve the reallocation of a-position to different class or approve the
creation of a new class whenever the duties of the position change materially. This may occur upon
the recommendation of the department head or upon the request of an employee and with
concurrence of the department head. When any change is made within a Department that
significantly affects the duties and responsibilities of any position, the appointing authority shall
report these facts in writing to the Personnel Officer. The Personnel Officer shall make a
classification study of the duties and responsibilities and the relationship to other classes of
positions. The Personnel Officer may study the allocation of any position in the Classification Plan
and make recommendations to the City Manager for a change in class or the allocation to a more
appropriate class. The department head shall be consulted before a classification study is begun in
his or her department. Studies may be initiated in the following manner:
1. Written request, submitted by the department head, due to reorganization of a department
caused by lack of funds, lack of work, or where the department reorganization would be for
the betterment of the delivery of services.
2. Referral from the City Manager;
3. When possible authorization of a new position is indicated;
• 4. Regular, periodic maintenance of the Classification Plan or when the Personnel Officer identifies
a need to study an existing position.
5. Written request, submitted by an employee with the concurrence of the department head, where a
substantial change in duties has modified the current position.
A change in classification on an occupied position shall affect the status of the incumbent in the
following manner:
1. When a position is moved to a class with the same or higher salary range, the incumbent may
retain the same status (i.e. probationary, temporary or regular) in the new class that was held
in the prior class. The duties should have evolved over a period of time and be basically the
same duties and responsibilities as were performed by the incumbent.
2. When a position is reallocated to a class in a related series with a lower salary range,
incumbents may choose to retain the position by accepting voluntary demotion or may
request a transfer, if available, for the class from which the position was moved. If neither of
the foregoing is chosen,the normal layoff procedures vvill be followed.
Section 3.7 Job Descriptions (Specifications)
The 'Personnel Officer with the assistance of the department heads shall prepare written
specifications for each class of positions. The specifications, when approved by the City Manager,
• shall constitute the official class specifications for the competitive service. The official copy of the
specifications for each class shall be maintained in the personnel office and shall indicate the date of
approval or last revision.
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Each specification shall include the class title, a brief description of the scope, nature, and
responsibility of the class, a description of the tasks or duties ordinarily performed in the positions
allocated to the class; a statement of the minimum qualifications considered necessary for proficient f
performance of the work, including education, experience, training, knowledge, skills, physical
characteristics, and any additional factors considered pertinent. Specifications are not restrictive. A
department head may temporarily assign other related duties and responsibilities or otherwise direct
the work of employees. I
No persons shall be appointed to any position unless that person meets the minimum qualifications
set forth in the currently approved class specification for that position or meets the permissible
equivalency provisions of these rules. If after reasonable effort qualified persons cannot be
recruited, the appointing authority may, with concurrence of the department head, appoint a trainee
to the position at a maximum pay rate of ninety percent(90%) of the monthly salary for the "A" step
on the salary range for said position. Said trainee must qualify for the position within one year from
appointment in order to retain the position.
Section 3.8 Vacancies
When a permanent vacancy occurs in an authorized position, the Appointing Authority may fill the
vacant position, based on merit as determined in the sole discretion of the Appointing Authority,
with an existing employee. When the Appointing Authority deems it better not to fill the vacancy
with an existing employee, the Appointing Authority may fill the vacancy, based on merit, with a
person who is not an existing employee. The Appointing Authority may determine that it is in the
City's best interest to leave the position vacant. •
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• RULE 4 COMPENSATION
Section 4.1 Compensation Plan
A Compensation Plan shall be established. This plan shall establish the salary range and salary steps
or rates of pay for each position in the City. The City Council shall administer the compensation
plan for the City Attorney and City Manager. The City Manager shall administer the compensation
plan for all other City employees. If a salary review indicates that there should be adjustments in the
compensation plan, the Personnel Officer or the department head shall make appropriate
recommendations to the City Manager.
Section 4.2 Definition of Steps
Each salary range may consist of five(5) steps, with A being the first and E being the last step. There
shall be an increase of five percent(5%) between steps.
Section 4.3 Initial Appointment
Upon initial appointment with the City, an employee shall be placed in the first step of the salary
range. However, when it is difficult to obtain qualified personnel at the first step or when the
education, training or previous experience justify a higher step, appointment at a higher step within
the range may be recommended by the Department Head and authorized by the City Manager.
• Section 4.4 Step Advancements
Step advancements are merit increases. An employee must perform the duties of the position in a
manner satisfactory to the Department Head to receive step advancement. Step increases are given
solely on merit, and are not granted as a matter of right to an employee based on the employee's
tenure with the City.
Step Advancements authorized herein shall be made from each step to the next higher step within the
limits of the appropriate salary range. The initial step movement after hiring shall be after twelve
months or after completion of probation, whichever occurs later and at twelve-month intervals
thereafter provided the employee has received a satisfactory or better evaluation. However, when
education, training, performance or experience justify it, the Department head may make a written
recommendation to advance said employee to the next step in the salary range prior to twelve
months. Any such advancement requires prior approval of the City Manager. After the early step
advancement the employee shall have a new Anniversary Date and subsequent step increases shall
be at twelve-month intervals from the new Anniversary Date . Evaluations shall coincide with the
Anniversary Date . No advancement shall be made without the written recommendation of the
Department Head.
Section 4.5 Promotion
Upon promotion, an employee shall receive at least a five percent (5%) salary increase except that
the employee cannot be placed at a salary that exceeds the top step for the position.
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Section 4.6 Demotion •
The salary of an employee who is demoted, as a result of a disciplinary action, to a job classification
with a lower salary than the job classification from which the employee was demoted shall be
reduced to the salary step in the range for the new classification as recommended by the Department
Head and approved by the City Manager.
Section 4.7 Reclassification
a) Any employee in a job that is reclassified with a higher salary range shall be
compensated at a step in the new salary range that does not result in a loss of pay.
An out of class pay assignment (usually 5%) shall not be considered part of
permanent pay when calculating the appropriate step of the new salary range. The
Department Head subject to approval of the City Manager shall recommend the
specific step in the new salary range.
b) The salary of an employee whose position is reclassified to a classification with a
lower salary range and whose salary is above the maximum of the new salary range
shall be frozen at the salary of the old classification for a period not to exceed
twenty-four(24) months or until the salary range of the new classification is equal to
or exceeds the employee's salary, which ever is shorter. This shall be referred to as
"Y-rate". At the conclusion of the twenty-four (24) month period the salary of an
employee who remains in a "Y-rate" status will be set at the top step of the salary
range for the classification in which the employee is working. An employee may be •
eligible for "Y-rate" when being transferred, or reclassified, without a break in
service. "Y-rates" are recommended by the Department Head and subject to the
approval of the City Manager.
Section 4.8 Re-instatement
Any person re-appointed in the same or comparable class may be paid at the same step he/she held at
the time the employee resigned City Service in Good Standing. Leave accrual rates will be the same
as any other new hire. No credit shall be given to any prior leave balances.
Section 4.9 Re-employment
Any person hired off of a Lay-off Re-employment List shall be placed at his/her prior salary step.
Leave accrual rates shall be based upon the employee's rates at the time of layoff. Any
uncompensated leave balances shall be restored, although no accrual of leave shall be allowed for the
time the employee was laid off.
Section 4.10 Part-time Regular Employees
Part-time Regular Employees shall be paid the hourly equivalent of the monthly salary paid to a
frill-time employee in the classification to which they are assigned. They shall move from step to
step in the salary range when they have completed one year of service and work a minimum of 1,000
hours per step subject to the same conditions as prevail for advancement of a full-time employee.
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• Section 4.11 Temporary Appointments
Temporary appointed employees shall be paid at the `A' Step of the salary range in the classification
to which they are assigned or in the case of an employee being appointed to a higher position the
employee shall be paid at the `A' step or a minimum of 5% which ever is more. The City Manager
may approve a higher salary upon recommendation of the Department Head.
Section 4.12 Changes to Anniversary Date
a) The Anniversary Date of employees who are transferred to a job classification
designated by the same salary range shall not be changed.
b) For an employee whose step advancement is made early or postponed by their
Department Head, the Anniversary Date shall be changed to the date to which the
advancement is made.
C) The Department Head as defined by this section of the Rules and Regulations shall
designate the Anniversary Date of employees who are promoted/demoted. A
promotion shall not result in a penalty; nor shall a demotion result in a reward for the
employee.
d) The Anniversary Date of employees, who are reclassified, shall be changed to the
date of the personnel action, providing that the salary range is increased by a
minimum of five (5) percent. Reclassifications that result in a less than five (5)
. percent increase, shall have no effect on the Anniversary Date.
e) The Anniversary Date of Employees who are on unpaid leave status exceeding
fourteen (14) consecutive calendar days shall result in a new Anniversary Date for
the employee. Such date shall be changed based on the number of days on unpaid
leave status exceeding fourteen (14)days.
Section 4.13 Acting/Out of Classification Pay Provisions
The City will pay all non-management personnel, except fire department personnel, five percent
(5%) of the employees' Current base salary for working out of classification for fifteen (15) or more
consecutive work days. Out of classification work shall mean that the employee is performing a
significant part of the duties of a p position in a higher salary range. The acting pay will commence
of the first day of the pay period during which the employee worked the sixteenth (16th) consecutive
work day. Upon application of the employee, said employee may work out of classification without
additional compensation in order to gain experience in a higher position.
The City will pay "acting pay" to the classes of Firefighter and Fire Engineer working in the acting
capacities of Engineer and Captain upon the completion of seven (7) twenty four (24) hour
consecutive shifts. Acting pay will be five percent (5%) of the employees current base salary for
working out of classification.
• The City Manager may appoint acting or interim positions to fill vacant management or department
head positions on a temporary basis. The acting/interim pay shall be at `A' step of the position
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except that the employee shall receive a minimum five percent (5%) increase to base-salary. •
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• RULE 5 APPLICATIONS AND APPLICANTS .
Section 5.1 Announcement
The Personnel Officer shall publish announcements which shall state the position title, salary,
desired qualifications, when and where to file applications and other pertinent information.
Employment standards stated in the announcement shall be those established for the class as
approved by the Personnel Officer. All recruitments shall be publicized by posting announcements
on the City Hall bulletin board, other work sites, and by such other methods as the Personnel Officer
deems appropriate. The announcements shall specify the following:
1. The title and salary range for the position;
2. The period during which applications for the recruitment will be accepted;
3. A brief statement concerning the duties of the position, and the selection process;
4. The examination process;
5. The knowledge, skills, and other job-related requirements for the position; and
6. Special conditions of employment.
. All persons who complete interest cards for a position, within the immediate prior six-month period
shall be notified of a recruitment in accordance with these rules. Notice of recruitment shall be given
at least ten (10) working days prior to the final filing date. Posting of the announcement copy on the
City Hall bulletin board shall meet this requirement. Recruitment may be postponed or canceled by
placing notice on the City Hall bulletin board and notifying applicants.
Section 5.2 Recruitment Process
The Personnel Officer shall schedule open, closed or promotional recruitment based on vacancies or
anticipated vacancies to meet the need in the competitive service. The Personnel Officer shall
prepare, announce, and conduct examinations in accordance with guidelines provided herein.
1. Open Recruitment: Open recruitment may be scheduled when it is not practical to fill vacancies
by promotion or when specifically requested by the appointing authority, with approval of the
City Manager. Open recruitment shall be open to all applicants who meet the minimum
requirements for the position in accordance with these riles.
2. Closed Recruitment: Closed recruitment may be scheduled when there is a group of employees
who meet the minimum qualifications for the position and would produce a competitive list of
candidates, with the approval of the City Manager. Closed recruitment shall be open to all
employees who meet the minimum requirements for the position in accordance with these Rules.
3. Promotional Recruitment: Promotional recruitment is open to all existing employees who have
• the regular status, and meet the minimum requirements for the position in accordance with these
rules. Each candidate must complete and submit an official application form in accordance with
these rules, except that the City Manager may waive this requirement for internal promotions.
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Promotional recruitment may be opened to existing employees who have probationary and part- •
time status as deemed appropriate by the Appointing Authority. The City Manager may open the
promotional recruitment to all qualified persons if the candidate pool of current employees is not
of a sufficient size or if the organization would be better served with an open recruitment.
Section 5.3 Application Filing
Each person participating in a scheduled selection process for employment shall have completed and
filed an official application form for that recruitment. The personnel office must receive the official
application form no later than the date and time of the last filing deadline as published in the
announcement. Each applicant must sign the application form certifying that all statements are
correct. Should an applicant be hired, and should it later be found that the applicant made false or
misleading statements on the application, disciplinary action up to and including termination may be
imposed. Persons applying for positions must comply with the following conditions:
1. Meet the general conditions pertaining to filing applications for positions according to these
rules.
2. Meet the specific requirements as shown on the announcement for a particular position;
3. Meet the requirements for the lawful right to work in the United States or United States
citizenship when applying for City positions; and
4. Be willing and able to accept the employment in the present vacant position or a future •
similar vacant position, if employment were offered.
Names of persons applying for City positions or the evaluation of their participation in any selection
process shall not be made public. Applications will be accepted when recruitment has begun for a
position. Interest cards will be accepted for other positions.
Section 5.4 Interest Card Filing
Applications are accepted only when recruitment is being conducted. All other interests of
employment will be filed on an official interest card provided by the City. When a vacancy occurs,
notice shall be mailed to the addressee when recruitment starts for the position indicated on the card.
A completed card shall remain on file for a six-month period or until notice has been mailed,
whichever occurs first. Interest cards may be destroyed after six months.
Section 5.5 Applicant Disqualification
The Personnel Officer may eliminate from the selection process, remove from the eligible list, or
refuse to certify for the personnel transaction,the name of any person:
1. Who does not meet the minimum qualifications established for the class or position to which
they seek appointment;
2. Who has made a false statement, misrepresentation, or omission of material fact or actual or
attempted deception, fraud or misconduct in connection with his or her application; •
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3. Who has improperly used or attempted to use any personal or political influence to-further
his or her eligibility for appointment;
4. Who has been terminated for good cause from previous employment.
5. Who has failed to submit an application correctly within the prescribed time limit;
6. Who has directly or indirectly obtained information regarding examinations to which
applicants are not entitled;
7. Who has failed any part of the selection process for the same position within the last six
months.
8. Who is physically or psychologically unfit for the performance of essential functions of the
position and such unfitness cannot be reasonably accommodated as required by California
and federal law.
9. Who has been convicted, including pleas of guilty and nolo contendere, of any felony or
misdemeanor which was of such a nature as to reflect adversely and substantially on the
applicant's ability to perform the duties of the position. The City Manager may disregard
such convictions of felonies or misdemeanors if it is found and determined by the City
Manager that mitigating circumstances exist. In making such determination, the City
Manager may consider the classification, including sensitivity to which the person is
applying or being certified and whether the classification is unrelated to the conviction; the
• nature and seriousness of the offense; the circumstances surrounding the offense; the length
of time elapsed since the conviction; the age of the person at the tune of conviction; the
presence or absence of rehabilitation or efforts at rehabilitation; contributing social or
environmental conditions; and/or
10. Who has otherwise violated provisions of these rules.
Applicants with the least desirable background or qualifications among a large number of applicants
may be denied further participation in the selection process through an evaluation of their
qualifications, thus providing a reasonable number of the best qualified candidates for consideration.
Applicants disqualified from further participation in the selection process shall be promptly notified
to permit submission of additional information providing the time limits for receiving applications
has not expired. Notice shall be mailed to the last known address; it shall be the applicant's
responsibility to keep his or her current address on file. Whenever an application is rejected, the
Personnel Officer shall mail notice of such rejection to the applicant.
Section 5.6 Submitting Applications
Applications shall be made as prescribed on the examination announcement. Application forms shall
require information covering training, experience, and other pertinent information, and may include
certificates verifying such information. The person applying must sign the application. The
• personnel office must receive applications no later than the date and time published as the final filing
date. Applications unsigned by the applicant are considered incomplete.
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Section 5.7 Incomplete Applications •
Applications lacking information deemed material by the Appointing Authority may be returned to
the applicant with notice to amend provided adequate time exists before the final filing date.
Incomplete applications received at the end of the filing period will not be given consideration for
City employment.
Section 5.8 Application Disposition
Completed application forms shall become the property of the City. They shall not be returned to the
individual applicant. The City may destroy applications filed through the selection process after a
period of two years after receipt.
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• RULE 6 EXAMINATIONS
Section 6.1 Nature and Types of Examinations
The selection techniques used in the examination process shall be impartial and related to those
subjects which, in the opinion of the Appointing Authority, fairly measure the relative capacities of
the person examined to execute the duties and responsibilities of the class to which they seek to be
appointed. Examinations shall consist of selection techniques which will test fairly the qualifications
of candidates such as: personal interview, written examination, performance tests, work samples,
physical agility tests, evaluation of training and experience, psychological tests, background
investigation, or any combination of these or other tests. The probationary period shall be
considered as a portion of the examination process. Examinations shall be designed to provide equal
opportunity to all candidates by being based on an analysis of the essential requirements of the class,
covering only factors related to such requirements.
1. Open Examinations: Examinations may be administered periodically for a single class, as the
needs of the service require. Names shall be placed on employment lists, and shall remain on
such lists, as prescribed in Rule 7.
2. Closed Examination: Examinations may be administered to a.group of employees qualified for
the position.
3. Promotional Examinations: Promotional examinations may be conducted whenever, in the
• opinion of the Personnel Officer and department head, it appears that it may meet the needs of
the selection process. Promotional examinations may include any of the selection techniques
mentioned in this rule, or any combination of them. Employees who have regular status and
meet the requirements set forth in the promotional examination announcement may compete in
promotional examinations. Promotional recruitment may be opened to existing employees who
have probationary and part-time status as deemed appropriate'by the Appointing Authority. The
City Manager may open the promotional recruitment to all qualified persons if the candidate
pool of current employees is not of a sufficient size or if the organization would be better served
with an open recruitment.
Section 6.2 Conduct of Examination
The City Manager may contract with any competent agency or individual for the preparing and/or
administering of examinations. In the absence of such a contract, the City Manager shall see that
such duties are performed. Selection material shall be prepared under the direction of the Personnel
Officer. The Personnel Officer may use examinations prepared by the contracted agencies or
individuals when deemed appropriate. Qualified employees may assist in the development and
administration of the selection process if requested by the Personnel Officer.
Section 6.3 Scoring Examination and Qualifying Scores
A candidate's score in a given examination shall be the total of his or her scores on each competitive
• part of the examination, weighted as determined for the selection process. Failure in one part of the
examination shall be grounds for declaring such applicant as failing the entire examination or as
disqualified for subsequent parts of an examination.
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Section 6.4 Notice of Examination Results •
Applicants shall be notified by mail concerning the results of their participation in the selection
process. Said notification shall indicate whether or not the applicant has been placed on the
employment list.
Section 6.5 Inspection of Tests
All applicants shall have the right to inspect his or her own test answer sheet within five working
days after the notifications of examination results. Any error in computation, if called to the
attention of the Personnel Officer within this period, shall be corrected. Such corrections shall not,
however, require invalidation of appointments previously made.
Section 6.6 Record
The record of each selection process shall be maintained by the Personnel Officer for the period of
two years following the close of the selection process and shall include the applicant's name and
scores, method of testing, scores of the examination, and the names of the proctors.
Section 6.7 Selection Procedures
The selection procedures shall be conducted under the supervision of the Personnel Officer through
Personnel staff and/or other appropriate staff.
Section 6.8 Exemption from Examination •
A vacant position may be exempted from examination by the Personnel Officer if it is to be filled by
the assignment of an individual who is not presently a City employee but is performing duties of the
position as part of a designated Federal, State, local, or other rehabilitation training program. The
training program must have job placement as a goal and the individual will be required to meet the
minimum requirements for the position and have performed satisfactorily.during the training period
before probationary appointment may be authorized.
Upon concurrence of the department head concerned, with approval of the City Manager, an
employee may be placed in a vacancy in another class when disabling condition prevents continuing
performance of the duties in the present class. The disabled employee does not have to be on an
employment list for the class to which the appointment is being made.
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• RULE 7 EMPLOYMENT LISTS "
Section 7.1 Establishment of Employment List:
As soon as possible after the completion of an examination, the Personnel Officer shall certify an
employment list. Employment lists established shall be confidential; names and final scores shall
not be made public information.
Section 7.2 Types of Lists
1. Open List: The names of qualified persons shall be placed on the list in order of their final score
in accordance with Rule 6.
2. Promotional List: The names of qualified employees shall be placed in the order of their final
score in accordance with Rule 6.
3. Closed List: The names of qualified employees shall be placed in the order of their final score in
accordance with Rule 6.
4. Reemployment List: See Rule 13.
5. Reinstatement List: Persons who had regular status, and who resigned or requested a voluntary
demotion to a lower class, may request that their names be placed on the reinstatement list for
• the class from which they resigned or requested the voluntary demotion. They may request their
names be placed on the list for that class, a comparable class, or a lower class with related duties
and requiring similar qualifications as determined by the Personnel Officer. Department heads
may choose to reinstate a former employee in preference to regular certifications of eligibles.
See Rule 10.
6. Transfer List: Persons desiring to transfer may do so in accordance with the provisions in Rule
10.
Section 7.3 Duration of Lists
An employment list shall be in effect from the date it is certified by the Personnel Officer. It shall
remain in effect up to one year and will expire automatically at the end of the year unless the
Personnel Officer, after review with the appropriate appointing authority, extends the list. The
Personnel Officer may extend an employment list for a period not greater than an additional year
when it appears to be in the best interest of the City. The Personnel Officer may abolish an
employment list when fewer than three names remain on the list or when a certification of three
active eligibles is not available. Active eligibles on an abolished list shall be given the opportunity
to reapply for the classification or having their names integrated in the newly established list if the
selection procedure has not changed, for a period not to exceed the life of the newly established list.
Such integration may be granted only once for any list.
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Section 7.4 Removal of Names from Lists
The Personnel Officer may remove the name of an eligible from an employment list:
1. For any cause in these rules deemed sufficient for disqualification of application or
termination from employment;
2. On evidence that the eligible fails to respond to a notice mailed to the last designated
address;
3. On receipt of a statement from the eligible indicating a lack of interest in the class or
employment; and/or
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4. If an offer of an appointment to the class for which the employment list was established has
been declined by the eligible, or if three certifications for appointment have failed to result in
selection and appointment.
5. If eligibles on a promotional list are separated from employment, their names shall be
removed from the promotional list. The person affected shall be notified of the removal of
the name by a notice mailed to the last known address.
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• RULE 8 APPOINTMENTS
Section 8.1 Vacancies
Whenever a vacancy exists or a vacancy is anticipated in the competitive service, the appointing
authority shall at the earliest possible convenient date fill the position from an employment list.
Section 8.2 Certification Order
When more than one employment list is in existence for a class, certification shall be made in the
following order:
1. Reemployment List;
2. Promotional List; and
3. Open, Closed, Reinstatement, and Transfer List.
If the City Manager does not consider it in the City's best interest to fill the vacancy by reinstatement
or transfer, or if it is not possible to fill the vacancy by reemployment, certification shall be made
from an appropriate employment list, provided eligibles are available. In the absence of persons
eligible for appointment in these ways, temporary appointments may be made in accordance with
these rules.
• When a department head requests a vacancy be filled by appointment from a promotional
employment list, closed list or from an open employment list, the City Manager should certify the
names of all individuals willing to accept appointment. The top three names appearing on the
employment list shall be certified for each vacancy. In the case of multiple vacancies the number of
eligibles certified shall be two plus the number of vacancies. When the score of the final eligibles or
a certification list are tied, all those having that score shall be certified.
The appointing authority may request a transfer and/or reinstatement list in lieu of, or in addition to,
the open list. The appointing authority is entitled to review and receive the entire list of names from
the reinstatement and transfer lists.
Section 8.3 Short Certifications
Whenever there are fewer than three names of eligibles on the highest priority list for a class, the
next list in order of priority may be used to complete the certification. Whenever there are less than
three eligibles on any list for a class, the appointing authority may make an appointment from among
such eligibles available or may choose not to accept a short list and request a new list.
Section 8.4 Appointments
After receipt of certification, the appointing authority or a designated representative shall proceed
with a job-related interview. The appointing authority or a designated representative may review the
• application forms and examination papers. Reports on file in the personnel office and reference
checks may be used prior to the actual offer of employment.
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After the department head has interviewed, investigated and made a recommendation, the appointing •
authority may make appointment. Appointments shall be made from the top three (3) among those
certified. The person accepting appointment shall report to the Personnel Officer for processing on
or before the date of hire. If the applicant accepts the appointment and reports for duty within such
period of time as the City Manager prescribes, the applicant shall be deemed to be hired, otherwise,
the applicant shall be deemed to have declined the appointment.
When the selection has been made, the Personnel Officer shall notify the participating eligibles.
Appointments may be made as follows.
1. Acting: When there is no employment list and a position is temporarily vacant, a
probationary or regular employee may fill a higher level class position and be compensated
for the higher level work. This temporary appointment shall not jeopardize the employee's
status in the former position. Acting appointments shall be approved by the City Manager
and shall be made in increments of up to six months.
The City will pay all non-management personnel, except fire department personnel, five
percent (5%) of the employees' current base salary ("acting pay") for working out of
classification for fifteen (15) or more consecutive workdays. The acting pay will commence
on the first day of the pay period during which the employee worked the sixteenth (16th)
consecutive workday. The City will pay acting pay to the fire personnel upon the completion
of seven (7)twenty-four hour consecutive shifts.
2. Probationary: All appointments made from a certified employment list shall be on a
probationary status as specified in Rule 9.
3. Regular: A probationary appointment becomes a regular appointment at the end of a
satisfactory probationary period, subject to the requirements of Rule 9.
4. Promotional: Vacancies shall be filled whenever practical by employees who have regular
or probationary status in lower classes and/or by employees with part-time status.
Candidates for promotion must meet the minimum qualifications for the class. Appointment
shall be made from established employment lists. Promotion to a new class requires
successful completion of a probationary period in the new position to finalize the transaction.
5. Temporary A temporary appointment may be made in order to fill a vacant position in the
absence of an appropriate employment list or to fill a vacancy pending final action on
proceedings or pending a final decision on the separation or return of employment of the
employee creating the vacancy. An employment list shall be established as soon as possible
for any regular position filled by temporary employment. The appointing authority of a
person meeting the minimum training and experience qualifications of the position may
make a temporary appointment.
Temporary appointments are of a limited duration and appointees are not eligible for benefits
except as required by law. A temporary appointee may not accrue the same benefits as
probationary employees. A temporary employee may be terminated at any time, with or
without cause,with or without advance notice, and without the right of appeal or hearing. •
No temporary appointment shall exceed six months without a review of the existing vacancy
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• and the approval of the City Manager. However, employees hired for a specific project may
work as long as necessary to complete that project with approval by the City Manager. The
extension of the duration of a temporary appointment beyond that originally contemplated
will not affect that employee's appointment status. Seasonal employees are considered
temporary employees.
Employees hired on a temporary appointment shall be notified in writing by the personnel
office that the appointment is of a temporary nature. Employees appointed to temporary
position shall not acquire probationary or regular status or rights. Time spent in a temporary
position shall not contribute to the probationary period if the employee is subsequently
appointed to the regular position.
6. Part-time: Part-time employees shall meet the minimum qualifications for the position.
Part-time employees shall not be eligible for benefits.
A part-time employee may be terminated at any time, with or without cause, with or without
advance notice, and without the right of appeal or hearing. Employees appointed to a part-
time position shall not acquire probationary or regular status or rights. Time spent in a part-
time position shall not contribute to the probationary period if the employee is subsequently
appointed to a full-time position.
7. Part-time regular employees: Part-time regular employees shall meet the minimum
qualifications for the position. Part-time regular employees shall be eligible for sick leave
. and vacation benefits in proportion to their regularly budgeted hours. Except as otherwise
set forth in these rules, part-time employees shall not be entitled to fringe benefits, or to
preference for, or right to, a full time position.
8. Under-filling: A position may be under-filled with a lower level qualified eligible from a
lower level class or lower level related class when it can be shown that the prospective
incumbent can perform the work to the satisfaction of the appointing authority. The
incumbent may be promoted to the higher level upon meeting the minimum qualifications
and performance standards for the class as defined under Rule 10.
Section 8.5 Emergency Appointment
For the purpose of this policy, appointment of a person not on a employment list, may be made under
one of the following conditions only:
1. There is no existing employment list for the classification and the department head has
documented the urgent need to fill the position before a regular recruitment could be
concluded and the City Manager approves use of an emergency appointment; or
2. The eligibility list contains three or fewer names and the department head has filed written
objection to the employment of each person on the list with the City Manager and the
department head has documented the urgent need to fill the position before regular
recruitment could be concluded and, the City Manager approves use of an emergency
• appointment; or
3. Persons on the list are not available for the position under the terms and conditions
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
prescribed by the Personnel Officer and the department head has documented the urgent
need to fill the position before regular recruitment could be concluded and, the City Manager
approves use of a provisional appointment.
Emergency appointees must meet the minimum requirements for the position to which appointed or
demonstrate reasonable attainment thereof.
Section 8.6 Offer of Employment
Only the Personnel Officer shall extend offers of employment to selected candidates. Employment
offers for all positions shall be made in writing and shall include starting salary on an hourly, weekly
or monthly basis. An employment offer made in terms of annual salary shall not imply a yearly
contract.
All appointments shall be classified as full-time, part-time or temporary and are defined as exempt or
non-exempt for overtime pay. Employees will not change from part-time or temporary status to
another status unless specifically informed of such a change, in writing, by the Personnel Officer.
Employees will not change from exempt to non-exempt status pursuant to the Fair Labor Standards
Act (FLSA) unless specifically informed of such a change, in writing, by the Personnel Officer.
Employees are referred to as exempt means that these employees are exempt from, and therefore do
not receive, overtime pay.
Section 8.7 Fingerprints
As a condition of employment, the City Manager may require a person seeking employment by the •
City to be fingerprinted and to undergo a background check prior to beginning employment or
immediately thereafter. Refusal of an employee to be fingerprinted, failure to report for
fingerprinting, or failure to provide such information as is necessary to conduct a background check
shall be sufficient cause for disqualification for employment or termination from employment. The
Personnel Officer shall establish and maintain a system for fingerprinting of employees and is hereby
authorized to implement procedures necessary for the administration of this section. Fingerprint
cards shall become a part of the employee's personnel folder to be cleared through the Bureau of
Criminal Identification and Investigation of the State of California and other agencies as deemed
appropriate. The fingerprint cards for law enforcement applicants shall be processed immediately.
Section 8.8 Medical Examination
Following a conditional offer of employment, prospective employees shall be required to complete a
job related pre-placement physical and/or psychological examination. Conditional offers of
employment are made contingent upon passing this examination, however, the City shall make
reasonable accommodations to the special needs of any disabled individual as required by law. A
licensed physician chosen by the City shall perform such examination without cost to the prospective
employee. The prospective employee shall be required to complete a medical history questionnaire
and a medical records release as necessary to facilitate the examination. The physician will indicate
the employee's fitness for employment on the examination form. In the event the examination is not
completed prior to the employee's scheduled start date, only a temporary appointment may be made.
Probationary appointment will be contingent on a satisfactory examination.
Depending on the job-related physical characteristics required, a medical examination may be •
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• required for:
1. Newly hired employees;
2. Employees seeking a transfer from one position requiring general physical abilities to
another position requiring physical abilities of a more intensive nature; and
3. Employees returning to work from a medical leave of absence. The physician conducting
the medical examination shall be supplied with a current job description indicating the job-
related duties and requirements of the position.
The results of all medical examinations shall be confidential. Examination results for newly hired
employees and employees transferring to another position shall be kept in the employee's medical
file. No employee shall hold any position in which the employee is not able to perform the essential
functions of the job, with or without reasonable accommodation. The City may require that
employees take a psychological or a medical examination, as it deems necessary in order to
determine employees to be mentally and physically capable of performing the,job without a
significant risk to the health or safety of others.
Section 8.9 Driver's License and Driving Record
Employees are required to possess a valid California driver's license and maintain a satisfactory
. driving record acceptable to the appointing authority as a condition of employment. The City will,
from time to time, obtain a copy of employee driving records. Employees must immediately report
to the Personnel Officer any changes in driving privileges. Failure to do so may result in disciplinary
action up to and including termination. Employees must provide proof of insurance in amounts and
forms as approved by the City Manager.
Section 8.10 Employment Oath
All employees of the City shall complete and sign the Oath or Affirmation of Allegiance for Public
Officers and Employees on the first day of employment in accordance with Article XX, Section 3 of
the Constitution of the State of California. The City Clerk or other designated individual shall
administer the Oath and a signed copy shall be included in the employee's personnel file.
Section 8.11 Identification Cards
Employee identification cards shall be issued by Personnel Officer or department head to all
employees of the City. Employee identification cards are to be used by employees in conducting
business on behalf of the City. Employee identification cards are.the property of the City and shall
be surrendered to the City upon demand or separation from employment and prior to receiving
payment of salary due at separation. Employees shall be required to immediately report lost or
stolen identification cards to Personnel Officer.
Section 8.12 Keys
• Keys to City facilities will be issued to employees so designated by the City Manager. Keys are the
property of the City and shall be surrendered to the City upon demand or upon separation from
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employment and prior to receiving payment of salary due at separation. Employees shall be required •
to immediately report lost or stolen keys to Personnel Officer. Employees may not copy keys or lend
keys to other persons without the approval of the City Manager.
Section 8.13 Other City Property
Other property issued to the employee belonging to'the City shall be surrendered to the City upon
demand or upon separation from employment and prior to receiving payment of salary due at
separation. The final salary due may be adjusted for failure to return issued property.
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 9 PROBATIONARY PERIOD
Section 9.1 Purpose
The probationary period is the final step in the selection process. It is an extension of the
examination process and the employee's performance shall be closely observed for securing the most
effective adjustment of a new employee to his or her position.
Section 9.2 Duration of Probationary Period
Each original and promotional appointment made to a position in the.competitive service shall be
subject to a probationary period. The length of the probationary period shall be twelve (12) months
of service in the position for all employees, except that the probationary period for sworn police and
fire personnel, and others so designated, shall be eighteen (18) full months of service. The length of
the promotional probationary period shall be six (6) months for all employees except for sworn
police and fire personnel who shall be subject to a twelve- (12) month promotional probationary
period. The length of the probationary period for a part time regular employee shall be twelve (12)
months of part time service.
Section 9.3 Successful Completion of Probationary Period
The Personnel Officer shall notify the department head two weeks prior to the end of any
probationary period. If the employee's performance has been satisfactory to the department head and
advancement to regular status is warranted, the department head shall so state in the employee's
• probationary performance evaluation report. The employee shall then be advanced to regular status.
Section 9.4 Rejection of Probationer
During the probationary period, an employee is considered to be employed at the will of the City. A
probationary employee may be terminated at any time by the Department Head, with or without
cause, and with or without advance notice, with the approval of the City Manager. Notification of
rejection by the Department Head or City Manager shall be served on the probationer. If an
employee is terminated prior to the completion of the probationary period, no specific reason for
termination shall be given to the employee. The employee shall have no right of appeal of his/her
failure to pass probation and of the decision to terminate employment.
Section 9.5 Rejection Following Promotion
A promoted employee who does not successfully complete a promotional probationary period shall
be restored to the same or similar position in the same class from which promoted provided that a
vacancy exists in the classification to which the employee would revert unless the employee is
terminated in the manner provided for in Rule 11.
Section 9.6 Demotion and Transfer Probationary Period
A new probationary period shall be required following demotion or transfer. When an employee
transfers or demotes from one department to another department, a new probationary period shall be
served in the latter department. Should an employee who transfers or demotes fails to perform
satisfactorily during this probationary period, such failure shall be deemed good cause for
j. to
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
disciplinary action up to and including termination.
Section 9.7 Reemployment and Reinstatement Probationary Period
Persons appointed to positions by reemployment must serve a new probationary period, unless the
appointment is to the same class in the same department where a probationary period has been
previously served. Persons appointed to positions by reinstatement must serve a new probationary
period. No credit for former employment shall be granted.
Section 9.8 Interrupted Probationary Period
When the probationary period of an employee is interrupted because of a leave of absence or
appointment to another class and the employee later returns to the former class in the same or a
different department, a new probationary period shall be served. Credit for all or part of the previous
probationary period may be granted the employee by recommendation of the department head, and
approval by the City Manager.
Section 9.9 Extension of Probationary Period
At the discretion of the department head and with the approval of the City Manager, the probationary
period may be extended for a maximum of six additional months.
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RULE 10 TRANSFER,PROMOTION,DEMOTION, SUSPENSION AND _
REINSTATEMENT
Section 10.1 Transfer •
1. The City may initiate employee transfers when the transfer is in the best interest of the City.
City initiated transfers to a vacant position shall not serve the required probationary period in
accordance with Rule 9. Upon approval of the City Manager, an employee may be
transferred by the department head at any time from one position to another position in a
comparable class where the salary range is the same, involves the performance of similar
duties and requires substantially the same basic qualifications. However, the employee must
meet the minimum qualifications established for the position being transferred to. The
employee shall be consulted prior to any transfer. Any employee who is transferred from
one position to another position in the same or similar class shall be compensated at the same
step and salary range the employee received in the previous position. The Anniversary Date
shall not change.
2. An employee's request for transfer to another type of work or department normally will be
considered only after successful completion of the probationary period. Employees
requesting a transfer shall submit a memorandum to the City Manager detailing the request
for transfer and reasons for the request. Upon receipt of the transfer request, the City
Manager will notify the employee's department head. Job performance, qualifications,
attendance and other legitimate factors shall be evaluated to ensure the most effective use of
the employee's capabilities in evaluating the transfer request. When the foregoing factors are
substantially equal, transfers shall be determined by overall City seniority. Employees
transferred to 'a vacant position at their request shall serve a new probationary period in •
accordance with Rule 9.
3. If the transfer involved a change from one department to another, both department heads
must consent thereto unless the City Manager orders the transfer. .
Section 10.2 Promotion
It is the policy of the City to fill authorized vacant positions based on merit and to provide
promotional opportunities for qualified employees. Insofar as consistent with the best interest of the
service, all vacancies in the competitive service shall be filled by promotion from within the
competitive service, after a promotional examination has been given and a promotional list
established. If, in the opinion of the City Manager, it is in the best interest of the City, a vacant
position may be filled by an open examination instead of promotional examination.
Qualification standards used in promotion shall be at least equal to those standards applied in the
new-hire process and evaluation methods shall be reasonable, applied with fairness and equity to all
candidates, and developed with the intent of obtaining the highest degree of validity and reliability
possible under the specific circumstances. Minimum qualifications may be ascertained from job
analysis, application forms, tests, examinations, interviews, and/or performance evaluations.
All full-time, regular employees meeting the qualifications standard of a higher-grade position under
the same or different job classification may be considered for promotion. Employees who have not
yet successfully completed the probationary period for their current position are not normally •
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• eligible for promotional consideration, nor are temporary or part-time employees.
Employees interested in promotion to a vacant position for which they are qualified shall submit an
employment application to the Personnel Officer. Procedures to apply for promotion shall be
governed by Rule 5.
Only the Personnel Officer shall extend promotional offers to selected candidates. Employment
offers for all promotional positions shall be made in accordance with Rule 8. Employees selected for
promotion shall be released from the old positions promptly.
Employees promoted shall receive at least the entry rate of the new salary range or a five percent
(5%) increase, as determined by the department head, however,no employee shall advance above the
maximum of the salary range of the new position.
Section 10.3 Demotion
The City Manager or Department Head may demote an employee whose ability to perform the
required duties falls below standard, or for disciplinary purposes. No employee shall be demoted to
a position that he/she does not possess the minimum qualifications. Disciplinary demotion action
shall be in accordance with Rule 11.
A Department Head or City Manager may demote an employee for any of the following reasons:
I. If an employee's job-related performance is not in accordance with the standards of his or her
• position.
2. At the request of an employee, provided the employee possesses the minimum qualifications
for the demoted position.
3. Failure to meet the job-related standards of a promotional probation.
4. For disciplinary actions (see Rule 11).
Employees requesting a voluntary demotion shall submit a memorandum to the Department Head
detailing the request for voluntary demotion and reasons for the request. Upon receipt of the request
for voluntary demotion, the will notify the City Manager . If the request for voluntary demotion
involves a change from one department to another, both department heads must consent thereto
unless the City Manager orders the demotion. Employees demoted at their own request shall be
placed at the same step unless another step is mutually agreed to. If the employee who has requested
demotion fails to perform satisfactorily during the probationary period, the employee may be
terminated as a probationary employee in accordance with Rule 9. If the employee has held regular
status in the classification to which he or she is voluntarily demoted, probation can be waived upon
approval of the City Manager.
Section 10.4 Suspension
A Department Head or the City Manager may suspend an employee from a position at any time for a
• disciplinary purpose. Suspension without pay shall not exceed thirty(30)working days, nor shall any
employee be penalized by suspension for more than sixty working days in a fiscal year. A suspension
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may be appealed to the City Manager as provided in Rule 11. •
Section 10.5 Reinstatement
With the approval of the City Manager, a regular employee who has resigned with a good record
may be eligible for reinstatement to his or her former position or to a position requiring similar skill
and in similar pay grade providing all of the following criteria are met:
1. There is a vacancy in the position for which the employee seeks reinstatement.
2. The request for reinstatement is received within one year from the date the employee
resigned.
3. The former employee is able to perform the essential functions of the position with
reasonable accommodation.
4. Performance evaluation history at the time of resignation was satisfactory or better.
5. The former employee provided at least two (2) weeks' notice upon resignation, unless
mutually waived.
6. The City Manager approves the reinstatement request prior to the appointment.
Former employees shall have no right to reinstatement and such reinstatement shall be at the sole
discretion of the City Manager. Upon reinstatement, the employee shall be subject to the •
probationary period prescribed for the class. No credit for former employment shall be granted in
computing salary, vacation, sick leave or other benefits.
Reemployment of laid off employees shall be done in accordance with Rule 13. Reinstatements of
individuals returning from military leave shall be done in accordance with the Military and Veterans
Code of California.
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• RULE 11 DISCIPLINARY PROCEDURES --
Section 11.1 Policy
The City's policy on disciplinary actions is founded on the premise that the actions are to be
corrective, and any disciplinary actions should reinforce and shape employee behavior in the
reasonable and necessary direction actualizing the City's goals. Discipline shall be administered in a
fair and consistent manner and without regard to race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, sexual orientation, marital status,
sex, age or any other protected class under applicable law.
The tenure of every employee employed shall be based on reasonable standards of personal conduct
and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary
action. Disciplinary actions should be progressively more severe, and shall be commensurate with
the seriousness of the offense and with due consideration of the employee's prior performance
record. However, the response for certain first-time, serious offenses may not be the action usually
prescribed as an initial step in the normal progressive discipline process. A serious offense may call
for immediate relief of duty pending further investigation or termination. All suspensions,
demotions, reductions in salary for a specified time period, and terminations of persons with regular
status shall be made according to these rules. .The provisions of this rule do not cover employees
who serve at the pleasure of the City Council.
Section 11.2 Basis for Disciplinary Actions
• The City Manager or any department head shall have the power to reprimand, demote, reduce pay,
suspend, or terminate regular employees for cause, provided that exempt employees shall not be
subject to suspensions, reductions in pay or other disciplinary action that would eliminate their
salaried status or otherwise adversely affect their exempt status under the Fair Labor Standards Act.
Alleged employee actions reported by the City Manager or department heads which may result in
disciplinary actions shall be investigated to their conclusion by the department head directly
responsible for said employee. The employee shall be so notified and receive all due process as
defined in these rules. If the investigation results in proposed disciplinary action, the normal chain
of command and procedures shall be used in rendering said discipline. Department heads shall
discipline only those employees in his or her department. In the absence of a regular department
head, the City Manager may investigate and render discipline for said department in accordance with
the procedures set forth in these rules.
Basis for disciplinary actions include, but shall not be limited to, the reasons listed below and in
accordance with procedures listed in these rules:
1. Failure to meet work performance standards and requirements; unsatisfactory or careless
work; failure to meet production or quality standards as explained by employee's supervisor;
or mistakes due to carelessness or failure to get necessary instructions.
2. Discourteous or disrespectful treatment of other employees, City residents and other
members of the community, customers, suppliers, or visitors, or treatment which does not
foster cooperation.
• 3. Insubordination or refusing to obey supervisor's instructions properly issued pertaining to
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
work; refusal to perform assigned work; or to follow a direct order; - •
4. Willful or negligent disobedience of any law, ordinance, rule or regulation, or superior's
lawful order.
5. Failure to maintain a neat and clean appearance in terms of the standards established by the
employee's supervisor; any departure from accepted conventional modes of dress or personal
grooming; or wearing improper or unsafe clothing.
6. Unauthorized use of City telephone for personal calls.
7._ Posting, removing or altering notices on any bulletin board on City property without
permission of an officer of the City.
8. Unauthorized soliciting during working hours and/or in working areas; selling merchandise
or collecting funds of any kind for charities or others without authorization during business
hours, or at a time or place that interferes with the work of another employee on City
premises.
10. Misappropriation or damage of public property or waste of public funds or property through
negligent or willful misconduct.
r
11. Absence without approved leave; leaving work station during work hours without
supervisor's permission, except to use the rest room; leaving work before the end of a
workday or not being ready to work at the start of a workday without supervisor approval; or •
stopping work before time specified for such purposes.
12. Failure to report an absence or late arrival; excessive absenteeism; or tardiness.
13. Practicing deception or fraud in the securing of a job appointment or promotion; or failure to
supply full information as to character, reputation, medical history, or acts which, if known
at the time of appointment might have resulted in a disqualification of the employee for the I
job to which appointment was made.
14. Falsification or misrepresentation of a relevant official statement, document, report or €
records, and employment application, including the omission of information in an attempt to
deceive or mislead, or the willful omission of information that, if known, could affect the
outcome;
15. Misappropriation of found property; theft of City property or the property of other
employees; removal of or possession of City property, including documents, removed from
the premises without prior permission from management; unauthorized use of City
equipment or property for personal reasons; or using City equipment for profit.
16. Violating the non-disclosure agreement; giving confidential or proprietary City information
to other organizations, to unauthorized employees, or to anyone whom issuance of such
information has not been authorized; breach of confidentiality of personnel information; or
removing or improperly altering the contents of any official record, report, document or •
other written matter, current or completed.
Revised 2/3/01
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
. 17. Lying about sick or personal leave; falsifying reason for a leave of absence or other data
requested by the City; or improper alteration or falsification of City records or other City
documents.
18. Failure to use or improper alteration of time cards, attendance documents or other records;
altering such records of another employee, or causing someone to alter such records which is
considered theft of time.
19. Neglect of duties.
20. Being intoxicated or under the influence of intoxicants, alcohol, drugs or narcotics while at
work; or use, possession or sale of intoxicants, alcohol, drugs or narcotics in any quantities
while on City premises except medications prescribed by a physician which do not impair
work performance except with written permission from the City Manager.
21. Smoking or retaining a cigarette, pipe or smokeless tobacco in his or her mouth while
talking to, or being addressed by any person while on duty; smoking or using smokeless
tobacco while on duty in a residence or under conditions where it may be detrimental to
good conduct, appearance or procedure; smoking or using smokeless tobacco in City-owned
vehicles; or smoking in restricted areas or at non-designated times, as specified by
department rules.
22. Improper withdrawal or limitation of service or any action that interferes with or is
disruptive of the City mission or the public service.
23. Incompetence.
24. Inefficiency.
25. Dishonesty.
26. Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord
and lack of harmony; interfering with another employee on the job; or willfully restricting
work output or encouraging others to do the same.
27. Any act or statement, oral or written, which tends to bring the City, its employees or officers
into disrepute or ridicule, unless such statements are protected by the California or United
States Constitution.
28. Use of coarse, obscene, profane, or insolent language or gestures to any other employee or
the public; indifference or rudeness towards the public or any other employee; or any
disorderly/antagonistic conduct on City premises.
29. Sleeping while on duty (except for fire personnel or other personnel in an emergency
situation); or loitering or loafing during working hours.
• 30. Improper political activity.
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
31. Unauthorized possession of dangerous or illegal firearms, weapons or explosives en City •
property or while on duty; or displaying or brandishing any firearm or weapon, whether in
jest or otherwise, in any manner which can be construed as careless, threatening or
dangerous manner, except in the performance of official duties.
32. Receiving or accepting, directly or indirectly, any money, gift, reward, service, gratuity,
favor, hospitality, loan or other consideration for any service or official action rendered by
the employee with a value exceeding $100.00, without first securing the written permission
from the City Manager.
33. Use of influence of position with the City for private gain or advantage, or the use of time,
facilities, equipment or supplies for private gain or advantage.
34. Engaging in an act of sabotage; willfully or with negligence causing the destruction, damage,
loss or misuse of City property, or the property of any employees, customers, suppliers, or
visitors in any manner; or the failure to immediately report damage, loss or an accident
involving City equipment.
35. Negligence or any careless action which endangers the life or safety of another person,
including but not limited to reckless driving or improper use of City vehicles; willful
violation of security or safety rules or failure to observe safety rules or safety practices;
failure to wear required safety equipment; or tampering with safety equipment or other
devices.
36. Fighting or horseplay or provoking a fight while on duty. •
37. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. The word
"convicted" shall be construed to mean a plea of guilty or nolo contendere regardless of
whether sentence is imposed by the court. The term "moral turpitude" shall be construed to
be any act of baseness, vileness, or depravity, or any act done contrary to justice, honesty,
modesty, or good morals, or any act done with deception or through corrupt motives.
38. Engaging in criminal conduct or acts of violence, or making threats of violence toward
anyone on City premises or when representing the City.
39. Threatening, intimidating or coercing other employees on or off the premises - at any time,
for any purpose.
40. Immoral conduct or indecency on City property; or failure to exhibit acceptable behavior
either during or outside duty hours such that the employee's ability to perform his or her
duties is impaired; or the ability of the City to perform its mission is or may be impaired.
41 Refusal to take and subscribe any oath or affirmation which is required by law in connection
with employment.
42. Unlawful discrimination, including harassment, on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, sexual
orientation, marital status, sex, age or any other protected class under applicable law, against
the public or other employees while acting in the capacity of an employee. •
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• 43. Unlawful conflict of interest. _
44. Failure to report to work as scheduled without notification to supervisor.
45. Any deliberate action that is extreme in nature and is obviously detrimental to the City's
efforts to operate efficiently.
46. Any violation or action inconsistent with these personnel system rules or officially
promulgated City rules, regulations or policies.
Section 11.3 Types of Discipline
The following procedures shall be followed when, in the judgment of the department head, an
employee has committed an act or omission that justifies the disciplinary action indicated.
Disciplinary actions may range from informal conversations to formal termination. A typical
progressive sequence of disciplinary actions used by the City is:
1. Counseling: The immediate supervisor usually counsels the employee. Counseling in a
broad sense includes any informal discussion with an employee designed to assist the
employee to fully develop his or her skills and abilities. The discussion may include, but
shall not be limited to, clarifying standards, setting expectations and areas of concern,
seeking information, or problem solving. Counseling is usually the action taken to assist the
employee in clarifying the need for improvement.
• To provide both the supervisor and employee with a permanent record of counseling, a
written memo may be sent to the employee to clarify verbal agreements and possible
behavior change. No record of the counseling is placed in the employee's permanent
personnel file unless disciplinary action of at least a written reprimand is later issued on the
same problem.
2. Oral reprimand: The oral warning verbally notifies the employee that his or her performance
or behavior must be improved. Supervisors give oral warnings when counseling has failed to
produce the desired changes.
The warning shall define the areas in which improvement is required, set goals leading to
this improvement, and shall inform the employee that failure to improve will result in more
serious action. To provide both the supervisor and employee with a permanent record of a
specific violation, a written memo may be sent to the employee confirming the conversation.
The memo shall state the offense and consequences if corrective action is not taken. No
record is placed in the employee's permanent personnel file unless subsequent action is
necessary.
3. Written reprimand: A written reprimand is a formal notice to an employee that further
disciplinary action will be taken unless the employee's behavior or performance improves.
The content of the written reprimand shall define what occurred, the date and time of event
which is the cause of the reprimand, what was violated by the employee, what the employee
• is directed to do to correct the situation, and the employee's rebuttal process. The written
reprimand shall be signed by the employee's supervisor or department head, countersigned
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
by the employee, and filed with the Personnel Officer. If the employee refuses to-sign, it
shall be noted as such on the memorandum. When the written reprimand is issued, the •
employee shall receive one copy with both signatures affixed and a copy shall be placed in
the employee's permanent personnel file. The employee shall be granted five (5) working
days after the date of the written warning to file a written response to any facts in question J
except where State law provides another time frame. This written answer shall also be I
placed in the employee's permanent personnel file. Written reprimands issued by the
appointing authority are without right of appeal.
4. Suspension, Demotion, Reduction in Pay, Termination: Disciplinary action against an
employee shall be initiated by the department head with a written notice of the intended
disciplinary action delivered to the affected employee personally or sent to the employee by
certified or registered mail, at the last known address, return receipt requested. The notice of
proposed disciplinary action shall be delivered to the affected employee ten (10) working
days prior to the proposed effective date of the disciplinary action, unless for emergency
reasons it is necessary to implement the disciplinary action immediately to protect the life,
health and safety of other employees or the public. Should such emergency action be taken,
the employee shall be given noticed of the disciplinary action as soon as possible after the
imposition of the action.
A copy of the proposed disciplinary action shall be filed with the Personnel Officer. The
department head may consult with the City Attorney and the Personnel Officer prior to
C, notice to the employee of the proposed disciplinary action. All regular employees
shall have the right to the Skelly pre-disciplinary due process procedures. Police sworn
personnel shall be afforded the Peace Officers' Bill of Riahts. Probationary employees shall
have no right of appeal but may file a written response to the facts in question. This written
response shall be placed in the employee's permanent personnel file.
Section 11.4 Written Notice
f
This section through Section 11.12, inclusive, shall apply only to suspension, demotion, disciplinary
reduction in pay, or termination Written notice of the proposed disciplinary action shall be given to
the employee, except probationary employees. Such notice shall include:
1. A statement which clearly defines the intent to take action, the proposed action to be taken,
and the effective beginning and ending time of intended action.
2 . A statement of the specific grounds and particular facts upon which the proposed
disciplinary action will be taken.
3. A statement that upon request, the employee will be provided with any known written
materials, reports, or documents upon which the intended action is based.
4. A statement that the employee will be afforded to the right to respond, either orally, in
writing, or both within ten (10) working days upon receipt of the intended disciplinary
action,to the city manager.
5. The employee's signature on the notice of intent to render discipline shall acknowledge •
receipt of said notice by the employee. If the employee refuses to sign, it shall be noted as
+ n
J
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
such on the notice of intent to render discipline. The signature documentation on said notice
shall acknowledge that the employee received the notice.
Section 11.5 Employee Review
The employee shall be given an opportunity to review the documents or materials upon which the
proposed disciplinary action is based, and, if practicable, upon request the employee shall be
supplied with a copy of the documents.
Section 11.6 Employee Response
Within ten (10) working days after the employee has been served with the notice of intent to impose
disciplinary action, the employee shall have the right to respond, orally or in writing, at the
employee's option, to the city manager concerning the proposed disciplinary action.
If, within the ten (10) working days response period, the employee does not indicate a desire to
participate in the pre-disciplinary Skelly hearing, the proposed action of the City shall be considered
conclusive and shall take effect as prescribed. Failure to respond within ten (10) working days upon
receipt of said notice shall be deemed an admission of the facts set forth in the notice of intent to
impose disciplinary action, and the employee shall not be entitled to further appeal of the
disciplinary action.
If, as a result of the employee's response,the city manager decides to modify the proposed action, the
• city manager shall notify the Employee and the department head; the decision of the city manager is
final. If the city manager decides not to take disciplinary action, the city manager shall advise the
employee and the department head. The original intent to impose disciplinary action shall be
discarded and no record made in the employee's file. Unless the city manager decides to modify the
intended discipline, the discipline shall be issued on the date so stated in the notice of intent. In the
event that the employee's response indicates a need for further investigation, the city manager may
delay the implementation of the proposed disciplinary action until such time as the further
investigation is completed. In the event the investigation produces facts which warrant more severe
disciplinary action that originally proposed, the city manager shall re-implement the notification
procedures in Section 11.4.
Section 11.7 Suspension
A department head or the City Manager may suspend an employee from his or her position for
disciplinary reasons. Employees suspended from employment without pay shall forfeit all rights,
privileges, and benefits earned during the suspension period with the exception of insurance benefits.
Section 11.8 Relief of Duty
The City Manager or a department head may, orally or in writing, cause the temporary assignment of
an employee to status of administrative leave with pay pending conduct or completion of such
investigations or opportunity to respond as may be required to determine if disciplinary action is to
be taken. In the event of an oral notice, the City Manager or department head shall confirm the
• action by giving the employee written notice. When the investigation is completed and if the facts do
not justify discipline, the employee shall be reinstated. The employee shall receive written notice of
reinstatement, a copy of which shall be retained in the employee's permanent personnel file. If the
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
investigation justifies discipline, the employee shall be so notified in writing in accordance with •
Section 11.4.
Section 11.9 Demotion
Disciplinary action to demote an employee shall be initiated by the department head or city manager.
The employee shall be notified of the intent to impose such disciplinary action in accordance with
Section 11.4. Demotion for reasons other than disciplinary actions are covered under Rule 10.
Section 11.10 Reduction in Pay
Disciplinary action to reduce an employee in pay shall be initiated by the department head or city
manager. The employee shall be notified of the intent to impose such disciplinary action in
accordance with Section 11.4.
Section 11.11 Termination
Disciplinary action to terminate an employee shall be initiated by the department head or city
manager. Regular employees may be terminated for cause, which cause is set forth in Section 11.2.
The employee shall be notified of the intent to impose such disciplinary action in accordance with
Section 11.4. Department heads or city manager may consult with the City Attorney. The
department head shall notify the City Manager upon making a recommendation of termination.
Employees terminated in accordance with these rules shall forfeit all employee benefits except
benefits to which the employee is statutorily entitled or otherwise entitled under these rules or an •
applicable Memorandum of Understanding. Termination for reasons other than disciplinary actions
are covered under Rule 14.
Section 11.12 Appeal
All regular employees shall have the right to appeal termination, demotion, suspension without pay
in excess of five (5) days or reduction in pay equivalent to the suspension without pay in excess of
five (5) days. Within ten (10) working days from receipt of the written decision from the City
Manager, the employee, if he or she wishes to appeal the decision, shall request in writing the
services of a mediator from the State Mediation and Conciliation Service (SMCS) to act as a Hearing
Officer. The Hearing Officer shall consider any written or oral testimony which they consider
relevant. The Hearing Officer shall render a decision on the grievance in writing to the employee
and the City. The decision of the Hearing Officer shall be binding on the parties except as outlined
below.
City Council Review
The City Council may elect to review the decision of the Hearing Officer as outlined above
by a simple majority vote within twenty (20) working days of receipt of the Hearing
Officer's decision.
City Council review of the Hearing Officer's decision shall proceed pursuant to Section 12.7
of the Personnel Rules and Regulations.
The time frames outlined in any of the steps listed above may be waived by mutual consent •
of the parties.
Revised 2/3/01
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• Appeals shall be in writing, signed by the appellant. The appeal shall be a written statement,
addressed to the City Clerk, explaining the matter appealed and setting forth therein a statement of
the action desired by the appellant,with his/her reason therefore. The formality of a legal pleading is
not required.
Upon the filing of an appeal, the City Clerk shall set a date for a hearing on the appeal not less than
ten (10) working days, nor more than thirty (30) working days, from the date of filing. By mutual
agreement between the parties the time limits may be waived or extended. The City Clerk shall
notify all interested parties of the date, time and place of hearing at such place as the City Council
shall prescribe.
The City Clerk shall issue notices for the appearances of witnesses for the appellant upon his/her
written request. Any costs incurred by the City to produce witnesses may be the responsibility of the
appellant. The City may require such cost to be prepaid.
The hearing shall be held in private unless the appellant, in writing, requests a public hearing. The
City Council may exclude from any such public or private hearing, during the examination of
witnesses, any or all other witnesses in the matter being investigated. Tile hearing need not be
conducted according to technical rules relating to evidence and witnesses.
The appellant shall appear personally, unless physically unable to do so, before the City Council at
the time and place of the hearings. Failure of the appellant to appear at a hearing shall be deemed a
• withdrawal of the appeal or complaint. He/she may be represented and may be at the hearing to
produce on his/her behalf relevant oral or documentary evidence.
In an appeal of a disciplinary action, the City shall be the moving party and shall present its case
first. It shall prove its charges by a preponderance of the evidence. At the conclusion of the initial
presentation(s), opposing material may then be allowed at the discretion of the City Council. Cross-
examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under
the control of the City Council with due regard to the rights and privileges of the parties appearing
before the City Council
The City Council shall, within thirty(30) working days after the conclusion of the hearing, certify its
findings and recommendations in writing to the appellant and to the city manager. The findings and
recommendations of the City Council shall be final, and shall not be subject to further appeal.
•
L3
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 12 GRIEVANCE PROCEDURE •
Section 12.1 Purpose
In the belief that the resolution of grievances is a constructive management action, a grievance
procedure is hereby established. Such a procedure will give regular employees assurance that the
City recognizes their right to be heard and assist them in achieving job satisfaction.: Tile purpose of
this procedure is to provide a just and equitable method for the resolution of grievances or
complaints without prejudice.
All employees have the right of appeal under the grievance procedure. It shall not be applicable to
those positions that may be deemed exempt by City Council resolution.
The grievance procedure is not intended to be the appeal process of disciplinary action, and no
grievance shall be entertained for which appeal procedures are otherwise provided in these rules.
Appeal of disciplinary action is defined under Rule 11.
Section 12.2 Representation
The employee has the right to the assistance of a representative of his/her choice in the investigation,
preparation and presentation of a grievance.
Representation may occur at any stage of the grievance procedure; provided, however, that prior to
calling for representation at step one of the procedure the employee shall discuss the grievance with •
the supervisor. Upon conclusion of the discussion, the employee may request a continuation of the
grievance process (step one), to a mutually agreeable time within five (5) working days, to have the
assistance of a representative.
If the employee selects another employee as his/her representative, such representative shall not be
released during working hours without the approval of his/her supervisor.
Section 12.3 Definition
Grievance is defined as a claim by an employee that the City or one of its representatives has
violated, misinterpreted, or misapplied the M.O.U. provisions and/or City ordinances, rules and
regulations, or administrative directives.
Section 12.4 Conferences
Grievance conferences (between management and the employee) will normally be conducted during
management working hours at a mutually convenient time.
Section 12.5 Investigation
The investigation of a grievance during working hours by an employee and his or her representative,
if any, shall be in accordance with the following:
1. Prior to entering any job site, the representative shall obtain the approval of the job site
supervisor. •
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• 2. The investigation shall be conducted in a reasonable amount of time and expeditiously with due
regard for the work requirements of the City.
3. When investigation occurs during hours outside of the employee's regular work schedule, such
time shall not be compensable.
4. Entry will not be permitted if it would unreasonably interfere with or delay City work.
5. All safety regulations relating to the presence or conduct of persons at the job site shall be
complied with.
Section 12.6 Steps
Step 1 The employee shall inform his or her supervisor of the grievance within twenty (20) working
days after the employee knows, or in the exercise of reasonable diligence should have known
of the events giving rise to the complaint or grievance. Failure to timely initiate this
procedure will bar further consideration of the grievance and shall be deemed a waiver of the
grievance procedure. The supervisor shall, within ten (10) working days of the discussion,
render a verbal decision to the employee.
Step 2 Within ten (10) working days from receipt of the verbal decision from the supervisor, the
employee, if he or she wishes to appeal the decision, shall notify the department head of his
or her intent to appeal the decision. Failure to timely initiate this procedure will bar further
• consideration of the grievance and shall be deemed a waiver of the grievance procedure. The
department head or his or her designated representative shall, within ten (10) working days
of the notification as required above, have a discussion with the employee concerning the
grievance. The department head or his or her designated representative shall, within ten
(10) working days of the discussion, render a written decision to the employee.
Step 3 Within ten (10) working days from receipt of the written decision from the department head,
the employee, if he or she wishes to appeal the decision, shall notify the City Manager in
writing of his or her intent to appeal the decision. Failure to timely initiate this procedure
will bar further consideration of the grievance and shall be deemed a waiver of the grievance
procedure. The City Manager or his or her designated representative shall, within twenty
(20) working days of the written notice, render a written decision to the employee. Nothing
in this Section shall prohibit more expeditious handling of the grievance.
Step 4 Within ten (10) working days from receipt of the written decision from the City Manager,
the employee, if he or she wishes to appeal the decision, shall request in writing the services
of a mediator from the State Mediation and Conciliation Service (SMCS) to act as a Hearing
Officer. The Hearing Officer shall consider any written or oral testimony which they
consider relevant. The Hearing Officer shall render a decision on the grievance in writing to
the employee and the City. The decision of the Hearing Officer shall be binding on the
parties except as outlined below.
•
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
City Council Review _ •
The City Council may elect to review the decision of the Hearing Officer as outlined above
by a simple majority vote within twenty (20) working days of receipt of the Hearing
Officer's decision.
City Council review of the Hearing Officer's decision shall proceed pursuant to Section 12.7
of the Personnel Rules and Regulations.
The time frames outlined in any of the steps listed above may be waived by mutual consent
of the parties.
Section 12.7 Hearings
When the State Mediator or City Council establishes a hearing date, the City Clerk shall notify the
affected parties of the date, time and place set by the State Mediator or City Council; and shall
publicly post at such places as the City Council may prescribe a notice of the date, time and place of
the hearing,together with the names of the affected parties.
Unless incapacitated,the employee shall appear personally before the State Mediator or City Council
at the hearing, and may be represented by any person or attorney he or she selects.
The Council shall administer oaths to witnesses testifying in said hearings. The hearing may be open
or closed to the public at the option of either the employee or City Council unless the employee
specifically requests a public hearing, or unless the Brown Act prohibits a closed hearing. Each .
member of the City Council shall have the power to cause subpoenas to be issued to compel the
attendance of witnesses and the production of evidence relating to the hearing subject matter. Any
Council member present at the hearing shall have the power to administer oaths to witnesses. The
refusal of a City employee to testify under oath shall be grounds for disciplinary action. Service of
subpoenas shall be made by the Chief of Police or his/her subordinates.
The City Council through the Mayor shall conduct the grievance appeal hearing in the following
manner:
A. The hearing shall be called to order by the Mayor at the scheduled time.
B. The aggrieved employee shall first present his or her grievance, together with whatever
witnesses and evidence he/she may deem pertinent. The employee and his or her witnesses
shall be subject to cross-examination by the representative of the City government
administration.
C. Representative of the City government administration may present witnesses and evidence
pertinent to and supportive of the City's position. The City's witnesses shall be subject to
cross-examination by the aggrieved employee.
D. Closing arguments shall then be presented, with the employee or his or her representative
preceding the representative of the City government administration in presentation.
E. The City Council shall then formally adjourn the hearing. At any time during the hearing, •
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• the City Council may suspend the procedure to allow one or more Council members to
interrogate a witness, one of the parties or one of the representatives of the parties.
Written findings and recommendations of the City Council shall be rendered within ten (10) calendar
days from the date of the closing of the hearing, and shall thereupon be directed to the City Manager,
the department head, the immediate supervisor and the aggrieved employee. The decision of the
Council shall be final for all purposes. A copy of the City Council's findings and recommendations
shall be entered into the minutes of the Council, and a copy placed in the employee's personnel file.
•
•
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 13 LAYOFF POLICY AND PROCEDURE _ •
Section 13.1 Policy
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment,the employee holding such position or employment may be laid off or demoted without
disciplinary action and without the right of appeal through either disciplinary appeal or grievance
procedures. The City Manager shall determine the class and number of positions to be affected, the
layoff date, and shall notify the department head in writing of such reduction.
Section 13.2 Notification
Employees to be laid off shall be given, whenever reasonably possible, at least sixty (60) days' prior
_ notice.
Section 13.3 Order of Layoff
In each class of positions, employees shall be laid off according to employment status in the
following order: temporary, part-time, probationary, regular. Temporary, part-time and probationary
employees shall be laid off according to the needs of the service as determined by the appointing
authority. In cases where there are two or more regular employees in the class from which the layoff
is to be made, such employees shall be laid off on the basis of seniority within that class. When
employees have equal seniority, ties shall be broken by a decision of the City Manager.
Section 13.4 Displacement •
An employee affected by layoff shall have the right to displace an employee in the same department
who has less seniority in a lower class as long as the employee meets the minimum qualifications for
the job. For the purpose of this section, seniority includes all periods of full-time service at or above
the classification level where layoff is to occur excluding service prior to a resignation and
subsequent reinstatement. The displaced employee shall be considered as laid off for the same
reason as the employee who displaced him or her, and shall be eligible to bump to a position in a
classification in which lie or she has prior regular status. Employees who bump to a lower
classification shall be placed at the lesser of his or her current salary or the maximum of the salary
range for the lower classification. No employee shall be placed above the maximum of the salary
range for the new classification. The employee shall submit a written request for displacement action
to the department head within ten (10) working days after receipt of the layoff notice. Failure to
timely request displacement shall be deemed a waiver of the displacement procedure.
Section 13.5 Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the appointing
authority may first demote to a vacancy, if any, within the department in a lower class for which the
employee who is the latest to be laid off is qualified. Secondly, employees may demote to a vacant
position within the organization with concurrence of the affected department head(s) and approval of
the City Manager.
Revised 2/3/01 50
CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• Section 13.6 Reemployment List
The names of all regular and probationary employees who were laid off, reduced in class, displaced
or who have received layoff notice and voluntarily resigned shall be placed on a reemployment list
for their original class. Whenever a vacancy occurs in the class for which a reemployment list exists,
the qualifying employees on the lists shall be notified of the vacancy prior to announcing an open or
promotional recruitment and the qualifying employees shall be offered the opportunity to apply for
the position. A closed examination may then be held as provided in Rule 6.
Section 13.7 Duration of Reemployment List
The reemployment list shall be effective for a period of one year from the date of change in
employee's status due to City layoff, except that persons appointed to permanent positions of the
same level as that which laid off, shall, upon such appointment, be dropped from the list. It shall be
the duty of the employee to provide an address and any forwarding information for contact. The City
shall send a certified letter advising the person of the opportunity for reemployment. Persons who
refuse reemployment or fail to respond twice to a request shall be dropped from the list. Persons re-
employed in a lower class, or on a temporary basis, shall be continued on the list for the higher
position for the remainder of that initial one year.
•
•
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 14 SEPARATION FROM EMPLOYMENT _ •
Section 14.1 Abandonment of Position
An employee may be separated from employment if the employee fails to report for duty and is
absent from work without approved leave for more than three consecutive work shifts, or fails to
report for work upon the expiration of a vacation or a leave of absence where the employee did not
notify his or her department head in advance of the reasons for the absence. This may be deemed to
be a resignation and may result in termination of employment. The appointing authority shall
provide written notice to employee at the last known address of proposed action to be taken due to
abandonment. The written notice shall be issued in compliance with Section 11.4.
Section 14.2 Disciplinary Action
An employee may be separated from employment for disciplinary reasons by the City Manager as
provided for in Rule 11.
Section 14.3 Layoff
An employee may be separated from employment because of changes in duties or organization,
abolishment of position, shortage of work or finds. See Rule 13.
Section 14.4 Resignation
An employee wishing to leave employment in good standing shall file with the City Manager a •
written resignation stating the effective date and reasons for leaving, at least two weeks before
leaving the service, unless approval for a shorter notice is obtained. Resignation shall be deemed
accepted upon submission. A resignation made without the notice required may be regarded as cause
for denying the resigning employee fixture employment with the City, and is a resignation not in
good standing. V
Section 14.5 Retirement
Retirement from employment shall be subject to the terms and conditions of the City's retirement
plan. Whenever employees meet the conditions set forth in the City's retirement plan regulations,
they may elect to retire and receive benefits earned under the retirement plan.
Section 14.6 Disability
An employee may be separated for disability when the employee cannot perform the essential
functions of the job, with or without a legally required reasonable accommodation. Every effort will
be made to reasonably accommodate the employee. The City, at its expense, may require a job-
related examination of the employee for "fitness" for duty performed by a doctor of City choice
where there is evidence of a job performance or safety problem. A disabled employee may be
retained by the City in another position for which the employee is qualified, if deemed reasonable
and appropriate by the City.
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• Section 14.7 Certificates/Licenses
An employee may be separated when the employee cannot perform the essential functions of the job
due to loss of any or all required certifications or licenses.
Section 14.8 Death of Employee
In the event of a death of an employee, payment of all earned wages due shall be in accordance with
the laws of the California. Unless otherwise provided by law, payment of any other funds due the
deceased employee will be paid to the beneficiary so designated in writing by the employee.
Section 14.9 Exit Interviews
Whenever possible, the Personnel Officer shall conduct exit interviews with employees upon
separation from employment.
•
•
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
RULE 15 LEAVE _ •
Section 15.1 Attendance
Employees shall be in attendance at their work in accordance with the rules regarding hours of work,
holidays and leaves. Employees shall make every effort to schedule personal appointments outside
their working hours. Employee attendance will be reviewed and evaluated during the employee's
annual performance evaluation.
All departments shall keep daily attendance records of employees, which shall be reported to the City
Manager in the form and on the dates specified. Employees shall be required to complete
appropriate attendance records for all hours not worked. The appropriate forms shall be signed by
the employee and immediate supervisor and then forwarded to the payroll department immediately
but no later than the day following the end of the pay period.
Section 15.2 Vacation Leave
a) It is the City's intent to have employees take annual vacations, subject to the
operating needs of individual departments. Accrual limits are established to
facilitate this intent, and to avoid the financial liability associated with large leave
balances. Department Heads are responsible for reviewing their departmental leave
balances on a regular basis,with these goals in mind.
b) Paid vacation leave accrues based upon the Benefit Date on a biweekly basis and
increases after completion of the required years of service as follows: •
Years of Service General and Police Fire
Less than 3 years 10 days/yr or 3.08 hrs/pp 5.00 shifts/yr or 4.61 hrs/pp
3 years completed 12 days/yr or 3.69 hrs/pp 5.60 shifts/yr or 5.17 hrs/pp
5 years completed 14 days/yr or 4.31 hrs/pp 6.53 shifts/yr or 6.03 hrs/pp
7 years completed 16 days/yr or 4.92 hrs/pp 7.59 shifts/yr or 6.89 hrs/pp
9 years completed 18 days/yr or 5.54 hrs/pp 8.40 shifts/yr or 7.75 hrs/pp
11 years completed 20 days/yr or 6.15 hrs.pp 9.33 shifts/yr or 8.61 hrs/pp
The above schedule is based on full-time employment. Regular part-time employees
shall receive vacation accrual on a pro-rated basis. Temporary and Seasonal
employees are not eligible for vacation leave.
C) Employees shall cease to accumulate vacation once their accrued vacation balance
has reached two (2) times their current annual accrual. Further accumulation of
vacation leave shall not occur until the employee's vacation leave balance falls
below the maximum amount that can be accumulated. Upon recommendation of the
Department Head with concurrence of the City Manager, an employee may
accumulate vacation beyond the maximum under exceptional circumstances.
d) The dates of vacation leave may be requested by the employee, but shall be approved
or disapproved by the Department Head. The Department Head may require •
employees to request vacation time far enough in advance to properly schedule time
Revised 2/3/01 54 C
CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• off and to ensure that vacation balances will not exceed the individual employee
accrual limits. The Department Head shall consider the wishes of the employee and
the needs of the City.
e) Vacation usage may not exceed the accrued vacation balance as of the prior pay
period.
f) Upon termination of employment with the City, an employee shall receive pay for
his/her current vacation leave balance at his/her current base hourly rate.
g) Upon extreme financial or other condition by the employee, and upon
recommendation of the Department Head, the City Manager may authorize an
employee to be paid the straight time hourly equivalent of his/her salary in lieu of
vacation time off. Payment shall be for no more than eighty (80) hours. The City
recognizes that employees benefit from taking time away from work and encourages
the use of scheduled vacation.
Section 15.3 Holiday Leave
1. The City shall recognize the following days as official City holidays, and all regular
employees normally scheduled to work on these days will be given the day off(eight hours)
with pay except shift employees of the Police and Fire Departments.
Holiday Day Observed
• New Year's Day January 1
Martin Luther King, Jr. Birthday 3rd Monday in January
Lincoln's Birthday 2nd Monday in February
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1 st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Day December 25
"Floating" Holiday Off As Scheduled; Accrues January 1 (see g.)
2. Fire Department shift employees will be granted 5.6 holiday shifts per year, as scheduled by
the Fire Chief, or paid the straight time hourly equivalent, as authorized by the Fire Chief,
consistent with the staffing requirements of the department.
3. If one of the holidays listed above falls on a Sunday, then it shall be observed on the
following Monday. If one of the holidays listed falls on a Saturday, then it shall be observed
on the previous Friday.
4. To be eligible for holiday pay, the employee must work on the last regularly scheduled work
day preceding the holiday and the first regularly scheduled work day following the holiday,
• unless the employee is in an approved paid leave status. An employee on vacation shall not
be charged vacation time for a holiday that falls during the vacation period.
Revised 2/3/01 55
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
5. The floating day off is to be used during the calendar year accrued, and is not eligible to be •
accumulated from one year to the next. Only persons employed prior to January 1 are
eligible for a Floating Holiday,employees employed after January 1 are not eligible.
6. Upon termination of employment with the City, an employee shall receive pay for his/her
current holiday leave balance at his/her current base hourly rate.
Section 15.4 Sick Leave
1. Policy The City provides a sick leave program for the purpose of minimizing the economic
hardships that may result from an unexpected personal or dependent illness or injury. Sick leave
should not be viewed as a right but rather it is a privilege of paid time away from work duties
where such absence is necessary.
2. Accrual Sick Leave shall be accrued at the rate of eight (8) hours for each calendar month of
service (3.69 hours per biweekly pay period)., Fire employees who regularly work a schedule
that averages fifty-six (56) hours per week shall accrue sick leave at the rate of 11.6 hours for
each calendar month of service (5.35 hours per biweekly pay period).
3. Use Sick leave may be used for an employee's personal illness or injury; emergency or routine
health or dental appointments, including pregnancy as provided in the Maternity leave
subsection; for reasonable travel time to and from health care facilities; and other uses as
described in a MOU.
4. Family Care An employee may use in any calendar year accrued sick leave, aP uto the amount •
earned during 6 months' employment, to attend to the illness of a child, parent, or spouse of the
employee.
5. Verification of Sick Leave Use As sick leave is a privilege and not a right, an employee may be
required at any time, by the Department Head or City Manager, to file a valid physician's
certificate attesting to the employee's ability or inability to resume work.
6. Penalty for Sick Leave Abuse When, in the judgment of the Department Head, an employee's
reason(s) for being absent because of alleged sickness are inadequate, such absence may be
considered as without authorized leave and shall be deemed an unexcused absence without pay.
In addition, the Department Head may impose such disciplinary action(s) as appropriate, subject
to the procedures set forth in Section 13 of these Rules and Regulations.
7. Temporary Disability Integration An employee who is entitled to State Disability Insurance
(SDI) shall utilize any accrued sick leave, vacation benefits, and any other accrued time off, in
that order, as shall result in a payment to the employee of full regular salary. When accumulated
sick leave and/or vacation time are exhausted, the employee may continue to receive benefits
under SDI.
8. Extended Medical Leave/Non-Work-Related
a) Exceptions to this policy will occur whenever necessary to comply with applicable •
California and Federal laws, including but not limited to the Family and Medical
Leave Act of 1993 and the California Family Rights Act of 1993.
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• b) Extended Medical Leaves will be authorized on the basis of a physician's4vritten
statement that the employee is no longer able to work due to a medical disability.
C) An employee who plans to take an extended medical leave must provide the City
with reasonable notice of the date the leave will commence, the estimated duration
of the leave, and the expected date of return to work. When an unplanned medical
condition or emergency occurs that does not allow the employee to provide advance
notification of the need for a medical leave,the employee must notify the City of the
situation at the earliest possible time. The City may require a periodic confirmation
of the need for continued leave.
d) An employee who is granted an extended medical leave of absence must utilize any
accrued sick leave, vacation benefits, and any other accrued time off, in that order,
during the initial period of the leave. An employee may choose to use compensatory
time off to remain in a paid leave status, provided it is used continuous with other
paid leave. Any portion of a leave that occurs after all sick leave, vacation benefits
and compensatory time off have been exhausted shall be without pay. The total
period of all absences related to the same medical condition shall be considered part
of the same leave and may not exceed four (4) months. Paid and unpaid portions of
a leave shall be added together for purposes of the four- (4) month limitation.
e) Prior to the end of the four- (4) months, the department head shall review the
employee's medical condition and the needs of the City. Based upon this review,
and with the concurrence of the City Manager, additional time off may be granted.
Special consideration in granting an extension may be made if the employee has any
remaining sick leave.
f) Employees returning to work after any extended medical leave must have a written
release from a physician verifying that they are able to return to work and safely
perform their duties.
g) The City will continue to pay group insurance premiums provided the employee is in
a paid status on the first day of any given month, unless otherwise required by law.
If an employee is on unpaid leave for the entire month or longer, it is the employee's
responsibility to pay the premiums for the balance of the leave, unless otherwise
required by law. At the request of the employee, the City will provide the employee
with the amount of insurance premium and arrange a payment schedule. Failure to
do so will result in termination of benefits on the thirty-first (3 1) day of the unpaid
leave status and the employee will be treated as a new employee upon return from
the leave for reinstatement of benefits.
Section 15.5 Bereavement Leave
It is the City's intent to provide up to twenty-four(24) hours or two(2) shifts of paid leave relating to
the death or critical illness where death appears to be imminent, of any member of an employee's
immediate family. The Department head shall keep flexibility in mind when determining how those
hours are used.
• Any employee who is compelled to be absent from duty by reason of the death, or critical illness
where death appears to be imminent, of either the members of the immediate family of the employee
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or of the employee's spouse, may be allowed, with the approval of the Department Head, to a •
maximum orforty(40) hours absence with pay, or three (3) shifts for Fire personnel, as to each such
instance of death or critical illness. For this section immediate family means: spouse, parent,
grandparent, grandchild, stepparent, child, stepchild, brother, sister, or significant other. Twenty-
four (24) hours or two (2) shifts of the paid absence shall be considered "bereavement leave", and
any remaining time shall be from other paid time off available to the employee.
In instances involving extraordinary circumstances as determined by and upon approval of the
Department Head, up to an additional forty (40) hours leave of absence may be granted. The
additional leave shall be deducted from accumulated sick leave.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave with pay is granted.
Section 15.6 Military Leave j
Military leave shall be granted in accordance with the provisions of California law. Employees
entitled to military leave shall give the department head an opportunity within the limits of military
regulations to determine when such leave shall be taken. Employees who serve in U.S. military
organizations or state militia groups may take the necessary time off without pay to fulfill this
obligation. These employees may apply accrued personal leave and unused earned vacation time to
the leave if they wish; however, they are not obliged to do so. Reinstatements of individuals
returning from military leave shall be done in accordance with the Military and Veterans Code of
California.
Employees are eligible for reinstatement after completing military service, provided the employee
provides copies of the military orders to the department head upon receipt; military service is entered
directly from employment with the City and active duty service is satisfactorily completed; and re-
instatement is applied for and takes place within ninety(90) days after discharge from active duty. If
you are returning from up to six- (6) months' active duty for training, you must apply within thirty
(30)days after discharge.
Section 15.7 Jury Duty
Every regular employee of the City who is called or required to serve as a trial juror, upon
notification and appropriate verification submitted to the department head, is permitted to be absent
from his or her duties with the City during the period of such service or while necessary to be present
in court as a result of such call.
Regular and probationary employees required to serve as a trial juror during their normal scheduled
work hours shall receive their base pay for those hours of absence from work. Employees are
required to deposit with the City any pay, other than mileage, received from service as a trial juror.
Such employees are required to deliver a "jury duty time card" form verifying each of the hours of
jury duty service.
Employees must immediately upon receipt of jury duty summons, provide his or her supervisor a
copy of such notice. When practicable, the department head will convert an employee's regular tour
of duty to a day shift tour of duty during the period of jury duty. Employees required to serve on a
jury must report to work before and after jury duty provided there is an opportunity for at least one •
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(1)hour of actual work-time.
•
Employees volunteering to serve on a grand jury may be granted a leave of absence without pay to
perform the duties of a member of the grand jury.
Section 15.8 Voting
The City encourages eligible employees to register and vote in all federal, state and local elections.
Employees of the City are expected to vote prior to or following their assigned working hours.
However, the City will consider granting time off, with pay charged to vacation leave, to participate
in federal, state and local elections for employees having less than two consecutive non-working
hours following the opening or preceding the close of polls. Employees having two or more
consecutive non-working hours following the opening of or preceding the close of polls will not be
granted time off to vote. In order to receive paid time off to vote, the employee must provide a
written request for such time and must obtain written approval from the employee's supervisor.
Requests must be made in writing and must be received at least three days prior to Election Day. In
no event shall an employee receive more than two hours paid absence for the purpose of voting.
Voting time off shall be taken immediately prior to the beginning or the completion of the
employee's scheduled workday.
Section 15.9 Leave of Absence Without Pay
Department heads may grant a regular or probationary employee leave of absence without pay for a
period not to exceed one calendar week in any twelve- (12) month period. Such leaves shall be
• reported to the Personnel Officer. Under normal circumstances, personal leave of absence shall be
granted only after an employee has exhausted all vacation entitlement.
The City Manager may grant a regular or probationary employee leave of absence without pay or
seniority for a period not to exceed three months. After three months, the leave of absence may be
extended if so authorized. No such leave shall be granted except upon written request of the
employee, setting forth the reason for the request, and the approval will be in writing. Upon
expiration of a regularly approved leave, the employee shall be reinstated in the position held at the
time leave was granted, provided such position continues to exist. An employee on leave who fails
to report to duty promptly at its expiration shall be deemed to be terminated and voluntarily resigned.
All employees placed on approved leave of absence status without pay for a period exceeding one
calendar week in any twelve (12) month period shall not accrue service credit for salary review,
vacation, sick or holiday leave for the entire duration of the leave of absence without pay and shall
have their eligibility for such increases extended by the total number of days an employee has been
on approved leave of absence without pay. Except as provided for under the Family and Medical
Leave Act, Employees placed on approved leave of absence without pay shall be responsible for all
health insurance premium, life insurance premiums, long term disability premiums and other
monthly benefit payments, as prescribed by the Personnel Officer, unless otherwise required by law.
The City will continue to pay the Health Insurance premiums for Employees on leave subject to the
Family and Medical Leave Act consistent with the Act.
•
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Section 15.10 Unauthorized Leave of Absence _ •
Any employee who is absent without authorization for three (3) consecutive working days shall be
considered to have resigned from his or her position with the City by reason of abandonment. An
unauthorized leave of absence during part of a day constitutes an unauthorized absence for the entire
day.
Nothing in this section shall limit the City Manager's authority to discipline or terminate an
employee due to an unauthorized absence in accordance with the disciplinary procedures set forth in
Rule 11.
•
•
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• RULE 16 REPORTS AND RECORD KEEPING
Section 16.1 Personnel Files
The Personnel Officer shall maintain a personnel record for each employee in the service of the City
showing the name, title of position held, the department to which assigned, salary, changes in
employment status, disciplinary action and such other information the Personnel Officer may
consider as pertinent. Personnel records are confidential and access to personnel records shall be
limited to the employee's department head, the Personnel Officer, the City Manager, the City
Attorney, and their authorized representatives.
Section 16.2 Access to Administrative Records
The City Attorney and the Personnel Officer shall have access to all departmental records,
documents, and papers pertaining to employees, the examination of which will aid in the discharge
of his or her duties. All administrative records shall be maintained in a manner that will preserve
their confidentiality.
Section 16.3 Employee Access to Their Personnel Records
At a time which is reasonable to Personnel Officer and employee, the Personnel Officer shall, upon
the request of employee, provide the opportunity to the employee to inspect any materials, records,
etc., in his or her personnel file which are used or have been used to determine that employee's
qualifications for employment, promotion, additional compensation, termination, or other
• disciplinary action. This section does not apply to records relating to the investigation of a possible
criminal offense, to letters of reference, rating sheets used during the selection process, or other
information obtained in confidence.
Section 16.4 Access to Personnel Records by Department Heads
Department heads shall have access to all records, documents, and papers pertaining to employees in
his or her department, if the examination will aid in the discharge of his or her duties. All personnel
records are confidential and the department head shall maintain this confidentiality.
Section 16.5 Destruction of Records
Upon approval of the City Attorney, all other records relating to personnel may be destroyed as
prescribed by law.
Section 16.6 Purging of Employee Discipline Records
Only written reprimands records may be expunged upon sustained corrective behavior after two
years. The employee wishing to have written reprimands records purged shall make a written
request to the City Manager. The City Manager shall consult with the employee's department head
to substantiate that corrective behavior has been sustained for the two year period. The City
Manager shall obtain the concurrence of the department head before the records are expunged.
•
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Section 16.7 Personnel Action Form •
Every appointment, transfer, promotion, demotion, termination, change of salary rate, or any other
temporary or permanent change in status of employees shall be reported to the Personnel Officer in
such manner as prescribed by the Personnel Officer. A personnel action form shall include the
employee's name, title of position held, the department to which assigned, salary, changes in
employment status, residence data, and such other information as may be considered pertinent. The
Personnel Officer's signature shall be included on personnel action forms as a result of an
appointment, promotion, demotion, transfer and termination. A copy of the personnel action form
shall be included in the employee's personnel file. A copy of the form shall be delivered to Finance
before payment is made to the appointee.
Section 16.8 Address Notification
Employees shall notify the personnel office of any change of name, address, or telephone number
within five (5)calendar days of change.
Section 16.9 Performance Evaluations
It is the policy of the City to evaluate employee performance on a regularly scheduled basis. The
performance evaluation shall normally be conducted by the employee's immediate supervisor and
shall be discussed with the employee. The employee's immediate supervisor shall carefully consider
each item of the performance evaluation in relation to the duties outlined in the employee's position
description.
A performance evaluation shall be completed prior to the completion of the probationary period, and •
annually thereafter. A performance evaluation shall be completed on at least an annual basis for
regular employees and prior to the promotion or transfer of an employee. The Personnel Officer will
notify the employee's department head approximately thirty (30) days prior to the employee's
Anniversary Date. It is the department head's responsibility to assure that the performance
evaluation is completed and returned to the employee for signature prior to the employee's evaluation
date. Special evaluations, as needed, may be given. Performance evaluations shall be retained in the
employee's personnel file.
Any employee who receives an overall "unsatisfactory" or "improvement needed" rating will not be
eligible to participate in any promotional examination until a satisfactory rating is established. An
overall "improvement needed" or"unsatisfactory" rating shall result in the withholding of any merit
increases for which the employee may be eligible.
When an employee receives an overall "improvement needed" of "unsatisfactory" rating, he/she
shall be re-evaluated at one (1), two (2) and three (3) months following the evaluation date to
document performance. If the employee's performance has improved to such an extent that the
appointing authority believes it is justified, the improvement shall be indicated on the report and
he/she may specifically recommend the restoration of any merit step increase which had been
withheld effective the first day of the pay period following the date of the report. The employee will
then have a new Anniversary Date.
If the employee's performance has not improved after three (3) monthly evaluations, the employee •
shall be discharged.
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
• The application of the provisions of this section does not preempt or preclude disciplinary action as
provided for in Section 13 of these Rules.
•
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RULE 17 HARASSMENT
Section 17.1 Introduction
The City strongly disapproves of any form of unlawful discrimination against its employees. This
includes discriminatory harassment of City employees. It can result in high turnover, absenteeism,
low morale, and an uncomfortable work environment. Since federal and state laws prohibit
harassment, employee harassment may constitute a criminal offense.
Section 17.2 Protected Classifications
The City strictly prohibits unlawful harassment. This includes harassment on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, sexual orientation, marital status, sex, age or any other protected class under applicable
law.
Section 17.3 Application
1. This policy applies to all phases of the employment relationship, including recruitment, testing,
hiring, upgrading, promotion/demotion, transfer, layoff, termination, rates of pay, benefits, and
selection for training.
2. This policy applies to all officers and employees of the City, including, but not limited to, full-
and part-time employees, temporary employees, and persons working under contract for the City.
Section 17.4 Harassment Defined •
1. Harassment may consist of offensive verbal, physical or visual conduct when such conduct is
based on or related to an individual's sex, and/or membership in one of the above described
protected classifications under Section 17.2, and:
a) Submission to the offensive conduct is an explicit or implicit term or condition of
employment;
b) Submission to or rejection of the offensive conduct forms the basis for an
employment decision affecting the employee; or
C) The offensive conduct has the purpose or effect of unreasonably interfering with the
individual's work performance or creates an intimidating, hostile or offensive
working environment.
2. Examples of what may constitute prohibited harassment include, but are not limited to, the
following:
a) Kidding or joking about sex or membership in one of the protected classifications;
b) Hugs, pats, and similar physical contact;
C) Assault, impeding or blocking movement, or any physical interference with normal •
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CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
work or movement; _
• d Cartoonsosters and other materials ials referring to sex or membership in one of the
protected classifications;
e) Threats intended to induce sexual favors;
f) Continued suggestions or invitations to social events outside the work place after
being told such suggestions are unwelcome;
g) Degrading words or offensive terms of a sexual nature or based on the individual's
membership in one of the protected classifications;
h) Prolonged staring or leering at a person;
i) Similar conduct directed at an individual on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition,
sexual orientation, marital status, sex, age or any other protected class under
applicable law.
Section 17.5 Reporting Procedure
1. Internal Reporting Procedure
• a) Any employee who believes that he or she has been the victim of sexual or other
prohibited harassment by co-workers, supervisors, clients or customers, visitors,
vendors, or others should immediately notify his or her supervisor, or in the
alternative, the City Manager, depending on which individual the employee feels
most comfortable contacting.
b) Additionally, supervisors that observe or otherwise become aware of harassment that
violates this policy have a duty to take steps to investigate and remedy such
harassment and prevent its recurrence.
2. External Reporting Procedure
Any employee who believes that he or she has been the victim of sexual or other prohibited
harassment by co-workers, supervisors, clients or customers, visitors, vendors or others may
file a complaint with the California Department of Fair Employment and Housing (DFEH).
The phone number for DFEH is in the phone book.
Section 17.6 Investigation
1. Upon the filing of a complaint with the City, the complainant will be provided with a copy of
this policy. The City Manager is the person designated by the City to investigate complaints
of harassment. The City Manager may, however, delegate the investigation at his or her
discretion. In the event the harassment complaint is against the City Manager, an
• investigator shall be appointed by the City Council.
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2. Charges filed with the DFEH are investigated by the DFEH. _ •
Section 17.7 Internal Documentation Procedure
1. When an allegation of harassment _is made by an employee, the person to whom the
complaint is made shall immediately prepare a report of the complaint according to the
preceding section and submit it to the City Manager.
2. The investigator shall make and keep a written record of the investigation, including notes of
verbal responses made to the investigator by the person complaining of harassment,
witnesses interviewed during the investigation, the person against whom the complaint of
harassment was made, and other person(s) contacted by the investigator in connection with
the investigation. The investigator's notes shall be made at the time the verbal interview is in
_ progress. Any other documentary evidence shall be retained as part of the record of the
investigation.
3. Based on the report and any other relevant information, the City Manager shall, within a
reasonable period of time, determine whether the conduct of the person against whom a
complaint has been made constitutes harassment. In making that determination, the City
Manager shall look at the record as a whole and at the totality of circumstances, including
the nature of the conduct in question, the context in which the conduct, if any, occurred, and
the conduct of the person complaining of harassment. The determination of whether
harassment occurred will be made on a case-by-case basis by the City Manager.
Section 17.8 Confidentiality •
All records and information relating to the investigation of any alleged harassment and resulting
disciplinary action shall be confidential, except to the extent disclosure is required by law, as part of
the investigation or disciplinary process, or as otherwise reasonably necessary.
Section 17.9 Remedies
1. Disciplinary Action
a) If the City Manager determines that the complaint of harassment is valid, the City
Manager shall cause to be taken immediate and appropriate disciplinary action
consistent with the requirements of law and any rules or regulations pertaining to
employee discipline. Other remedial steps may be taken to the extent reasonably
necessary to prevent recurrence of the harassment and to remedy the complainant's
loss, if any.
b) Disciplinary action shall be consistent with the nature and severity of the offense, the
rank of the harassed, and any other factors relating to the fair and efficient
administration of the Employer's operations.
2. In the event a complaint is filed with the DFEH, and the DFEH finds that the complaint has
merit, the DFEH will attempt to negotiate a settlement between the parties. If not settled,
DFEH may issue a determination on the merits of the case. •
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• a) Where a case is not settled and the DFEH finds a violation to exist, it can prosecute
the charging party's case before the Fair Employment and Housing Commission
("FEHC"). Legal remedies available through DFEH and FEHC for a successful
claim by an applicant, employee, or former employee include possible return to a
former job, award of a job applied for, back pay, front pay, attorney's fees, and
under appropriate circumstances, actual damages and/or administrative fines.
b) In the alternative, DFEH may grant the employee permission to withdraw the case
and pursue a private lawsuit seeking similar remedies.
Section 17.10 Retaliation
Retaliation against anyone for opposing conduct prohibited by this policy or for filing a complaint
with or otherwise participating in an investigation, proceeding, or hearing conducted by the City,
DFEH or FEHC is strictly prohibited and may subject the offending person to, among other things,
disciplinary action, up to and including, termination of employment.
Section 17.11 Employee Obligation
1. Employees are not only encouraged to report instances of harassment - they are obligated to
report instances of harassment. Employees are assured that there will not be any retribution
for.having reported, in good faith, any incident of suspected harassment.
2. Employees are obligated to cooperate in every investigation of harassment, including, but
• not necessarily limited to:
a) Coming forward with evidence, both favorable and unfavorable, to a person accused
of harassment.
b) Fully and truthfully making a written report or verbally answering questions when
required to do so during the course of a City investigation of alleged harassment.
3. Knowingly giving false information in an investigation of harassment shall be grounds for
disciplinary action, up to and including,termination of employment.
•
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RULE 18 GENERAL RESTRICTIONS _ •
Section 18.1 Alcohol and Controlled Substance Abuse
1. The City is committed to providing a work environment that is safe, healthy and free of any
adverse effects caused by alcohol or controlled substances. City employees shall not be
permitted to possess, distribute, or use alcohol or controlled substances while on duty for the
City, on City property, or using City equipment without the approval of the City Manager.
2. For the purpose of enforcing this policy and maintaining a drug and controlled substance free
workplace, the City reserves the right to search, with or without prior notice to the employee
as allowed by law, all work areas and property in which the City maintains full or joint
control with the employee, including but not limited to City vehicles, desks, lockers, file
cabinets, and bookshelves.
i
3. If a supervisor has reasonable suspicion that an employee is impaired by alcohol or a
controlled substance while in the workplace or subject to duty, the employee may be I
required to submit to a court admissible drug and alcohol analysis provided at the City's
expense.
a) The drug or alcohol analysis shall be conducted by a properly State-Certified testing
facility.
i
b) The employee involved may request a second test, at his or her own expense. •
i
4. For purposes of this section, "impaired" means ingesting a sufficient amount of alcohol or
controlled substance so that the employee's work performance is adversely affected.
However, for Public Safety employees, employees working with heavy equipment or
employees required to routinely drive vehicles, "impaired" shall mean any measurable j
amount of alcohol or controlled substance. For blood alcohol, such a "measurable" amount
shall mean .01% or greater.
5. Performance of normal job duties and responsibilities as directed by assignment or detail
shall not result in an employee being in violation of this policy.
6. An employee who resides on City-owned property is excepted from provisions of this policy
for off-duty circumstances that would be considered appropriate or legal if his/her residence
were on private property.
7. Failure to abide by the provisions of this policy shall be grounds for disciplinary action, up
to and including discharge.
Section 18.2 Outside Employment
Intent: It is the City's intent to allow employee's the right to engage in employment outside City
employment. However, reasonable precautions must be taken to assure such outside employment
will not have a detrimental effect on City operations or the employee. Full time regular employees •
must consider City employment as primary.
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Employees may engage in employment outside City employment, provided that:
1. The employment does not conflict with the employee's work schedules, duties and
responsibilities;
2. The employment does not create a conflict of interest or incompatibility with City
employment;
3. The employment does not create a detrimental effect upon the employee's work performance
with the City;
4. The employment does not involve conducting business during hours of employment with the
C ity;
5. The employee does not use City premises, facilities or supplies in his/her outside
employment;
6. The City is in no way responsible for the employee's outside employment.
7.
Employees in departments mandated to have standard policies and procedures regarding outside
• employment(e.g. Police.Department employees) must meet those standards in addition to the above.
Self-employment is considered outside employment and must meet the same conditions as other
outside employment. Additionally the employment does not involve ownership of a private business
that is incompatible with the employee's position with the City.
Section 18.3 Conflicts of Interest
1. Employees of the City are prohibited from:
a) Engaging in or having any interest in any business or transaction, or incurring any
obligation which conflicts or impairs, or appears to conflict or impair their
independent judgment in the discharge of their official duties.
b) Accepting money, favors or other considerations for work they would be required or
expected to perform in the regular course of their duties.
C) Accepting gifts, gratuities or favors of any kind from persons, vendors doing
business with the City or applicants seeking services. The only exception is the
acceptance of consumable gifts offered equally to an entire work group where
rejection would damage the spirit in which the gifts were offered.
d) Disclosing confidential information acquired by or made available to them in the
course of their employment with the City, or using such information for speculation
or personal gain.
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2. Employees in departments mandated to have standard policies and procedures .regarding •
conflicts of interest (e.g. Police Department employees) must meet those standards in
addition to(a) above.
3. It is the employee's responsibility to disclose and report all potential conflict of interest
situations to his/her supervisor or the City Manager.
Section 18.4 Nepotism
At the time a person is applying for a position in City service, the person must identify any
individual who is a relative within the third degree of kinship employed by the City. Any relative
within the third degree of kinship of a City-elected official, the City Manager or any Department
Head, shall not be appointed to any position, whether full- or part-time, on the City payroll.
Close relatives will not be appointed to, or be assigned within, the same department, nor will the
same individual supervise them. An employee may not supervise (as an immediate supervisor or as
higher-level supervisor)any close relative.
If at any time a situation exists where close relatives are employed within the same department or are
supervised by the same individual, the City Manager may transfer one of the individuals to a similar
position in a different department in the City. If no similar position exists in the City, one of the
employees shall resign or be terminated. The decision as to which employee shall transfer, resign or
be terminated shall be made by the effected employees.
"Close relative" is defined in this section as mother, father, stepmother, stepfather, father-in-law, •
mother-in-law, husband, wife, child, stepchild, brother, sister, brother-in-law, sister-in-law and a
person with whom an employee is cohabiting in a "marriage-like" relationship. The "organizational
unit" will be determined by the City Manager, or in special circumstances the City Council.
The City Manager may waive the requirements set forth in this Section when different divisions
within a larger department are involved or where the related individuals would have minimal job-
related contact with one another, and where required by law.
Section 18.5 Political Activity
City employees shall not engage in political activity of any kind while on the job. Prohibited activity
shall include, but is not limited to soliciting money, influence, service, or any other valuable thing to
aid, promote, or defeat any political measure, political committee or the nomination or election of
any person to public office, while on the job. No person shall attempt to coerce, command, or
require a person holding or applying for, any position, office, or employment with the City to
influence or give money, service, or other valuable thing to aid, promote, or defeat any political
committee, or to aid, promote, or defeat the nomination or election of any person to public office
while on the job.
The rights of City employees to register and vote as they choose shall not be infringed. City
employees may express their opinions as authorized by law on all political subjects without recourse
against them.
Subject to the foregoing, any City employee may seek appointment or election to any public •
Revised 2/3/01 70
��T
CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
position, office, or employment for which qualified. In the event a City employee is elected to a
public position that conflicts with his or her employment with the City under applicable law, the
employee shall resign employment with the City effective upon taking the office to which the
employee was elected.
Section 18.6 Personal Telephone Use
Employees are encouraged to keep all personal phone calls to a minimum. Friends and relatives
should be discouraged from calling during working hours unless there is an emergency. Personal
calls should be made during break periods or lunch whenever possible. Personal long distance or toll
calls are to be charged to the employee's own telephone number or long distance calling card.
Section 18.7 Dress and Grooming Standards
1. Employees on duty are expected to utilize good judgment in determining their dress and
appearance. Clothing and appearance should be neat, clean, in good business taste, and not
constitute a safety hazard.
2. Certain positions within City service require that a uniform be worn. The uniform identifies
the individual as a City employee. Uniforms should always be neat and clean. Uniforms are
to be worn during regular working hours when required and may be worn to and from work,
but they are not a substitute for personal attire.
3. Clothing, appearance and uniforms shall comply with department standards and
. requirements.
Section 18.8 Benefits
Benefits will be accrued for days worked or on paid leave status. Health insurance benefits will be
provided for employees who worked the first day of the month or were on paid leave status.
Employees who are absent without pay for any period of time shall have his or her benefit date
adjusted to reflect the deduction of the period of time in which the employee was absent without pay.
i
Revised 2/3/01 71
CITY OF ATASCADERO—DRAFT PERSONNEL SYSTEM RULES
CITY OF ATASCADERO
PERSONNEL SYSTEM RULES
Receipt and Acknowledgment
of the
City of Atascadero Personnel System Rules
Dated:
I understand that my signature below indicates that I have received and read a copy of the City of
Atascadero Personnel System Rules. I agree that my compliance with these Personnel System Rules
is a condition of my employment and that violation of this policy may result in disciplinary action
against me, up to and including termination.
Employees Printed Name Position
Employee's Signature Date
Supervisor's Signature Date
Original: Personnel File
Revised 2/3/01 61 6
ITEM NUMBER: C 3
DATE: 01/25/2000
,�■'��a a a!Ri . i
\ cmj/ .
Atascadero City Council
Staff Report - City Manager's Office
City of Atascadero Telephone System
Update Recommendation
RECOMMENDATION:
Council authorize the City Manager to enter into an agreement with Tedas Inc. for a phone and
voicemail system for the City of Atascadero.
DISCUSSION:
•
Background: The City Of Atascadero currently utilizes four separate telephone systems. They
are not connected together and they do not have voicemail. The City is using more than 80
answering machines as a result of not having a voicemail system. Since the City does not have a
centralized phone system, virtually every desk has a dedicated telephone line, which causes the
monthly telephone bill to be greatly inflated. The purchase and installation of a single telephone
system and voicemail combination will improve the City's ability to communicate with the
public and reduce the monthly communication bill.
Summary: There have been recent developments in the communications industry that afford the
City new cost saving options that did not exist a few years ago. One of these is a technology that
has been labeled Voice over IP (VoIP), also known as a converged network. The simple
description of VoIP is the utilization of the data network for carrying voice (telephone) signals.
One of the basic benefits of this is an overall reduction in purchase, installation, and maintenance
costs associated with a traditional private telephone system. The City is in a uniquely excellent
position to take advantage of a VolP solution and its accompanying cost savings, as a result of
the City's recent investment in our data network infrastructure, combined with the new fiber
optic loop.
Analysis: This potential purchase is exempt from the formal bidding process,as per Section 3.4
of the City's Procurement and Purchasing Manual, due to the'technical nature and multiple
• variables of the issue. Three companies are competing for dominance in this market. Lucent
Technologies Inc., Cisco Systems Inc., and Tedas Inca We have worked with each of these to
define a best-fit solution from each for the purposes of bidding and arriving at an informed
purchasing decision:
a r^ •"'9
1 i� t
ITEM NUMBER: C-'3
DATE: 01/25/2000
1. Lucent Technology Inc.'s proposal fell short of a truly open and standards based
implementation of VoIP. Their solution involved several components that remained
proprietary. Though the quality appears excellent, this failure to present an option that
would allow us product, vendor, and pricing flexibility was fundamental to our decision
to not recommend the Lucent solution.
2. Cisco Systems Inc. sells through their certified provider network. NovaCoast is a
Cisco Systems Inc. vendor with offices in Santa Barbara and San Luis Obispo. Planetary
Networks is a Cisco Systems Inc. vendor in the western United States. The Cisco VoIP
solution is of excellent performance and reputation. It was designed and formerly sold by
a company known as Selsius Inc. Cisco purchased Selsius and now distributes the
product under the Cisco name. Like the Lucent solution, the offerings from Cisco
continue to contain substantially proprietary components.
3. Tedas Inc. is a company dedicated entirely to the VoIP industry. Their solution
has the greatest amount of flexibility and interoperability as is exemplified by their bid,
which includes telephones from Siemens and connection hardware from Eicon Inc. The
equipment is standard, the quality is excellent, and their reputation in the VoIP market is
exceptional. Though there are no significant sacrifices in performance or quality the
Tedas bid is over 50% less expensive than other bids.
•
Each bid is comprised of a telephone system, a voice mail component, and 30 telephones.
Telephones are, theoretically, standard for a VolP system and can be purchased from many
different manufacturers or vendors.
Company Bid"Submitted
Lucent Technology, Inc. $50,385.24
Planetary Networks (Cisco Systems, Inc.) $43,044.41
NovaCoast Inc. (Cisco Systems, Inc.) $43,688.93
Tedas Inc. $19,635.00
FISCAL IMPACT: $19,635.00
ALTERNATIVES: None
ATTACHMENTS: None
•
ITEM NUMBER: C-4
DATE: 02/13/2001
• ��ASCADF��
Atascadero City Council
City Manager's Office
Information Bulletin
A. Advisory Committee for the Atascadero Lake Park Master Plan
Process
The City Council has allocated $75,000 in Fiscal Year 2000-2001 for the purpose of creating a
Master Plan for Atascadero Lake Park. The Atascadero Lake Park Master Plan is intended to
guide future capital improvement projects in Atascadero Lake Park. On Friday, January 12,
2001, staff distributed a Request for Proposals (RFP) for Park Planning Firms and Landscaping
Architectural firms. These RFP's are due on February 13, 2001. We anticipate that a Consultant
will be recommended to the Council on Tuesday, February 27, 2001.
• The Atascadero Lake Park Master Plan will be developed with substantial public involvement.
This public involvement will come in the form of Public Workshops, surveys and Public
Hearings. In addition, a select group of stakeholders will be asked to participate on an advisory
committee that will meet periodically with the Consultant to assist in the development of the
Master Plan.
On Thursday, January 18, 2001, the Parks and Recreation Commission approved a staff
recommendation to form an Ad-Hoc Committee that will serve as the Atascadero Lake Park
Master Plan Advisory Team. The Advisory be made up of one representative from each of the
following stakeholder groups:
1. Atascadero Parks and Recreation Commission
2. Zoological Society of San Luis Obispo
3. Atascadero Lake Neighborhood Association
4. City of Atascadero Public Works Department
5. City of Atascadero Community Services Department
6. Atascadero Babe Ruth Baseball
7. Youth Member
8. Community Member-at-Large (not a member of any of the selected groups)
The Community Services Department will request a representative from the stakeholder groups
and will advertise for applicants for the Youth and Community Member-at-Large positions.
.6 9
ITEM NUMBER: C-4
DATE: 02/13/2001
B. Chamber Activities and Programs from June=December 2000
Attached please find a City Report from the Chamber of Commerce explaining .their activities
from June—December 2000.
C. Employee Update
Anthony Stornetta Reserve/Temp Firefighter/Paramedic Hired 1/13/2001
Barbara Brown Temp Support Services Technician Resigned 1/24/2001
170
tascadero
ChamberofCommerce
• 6550 EI Camino Real•Atascadero,CA 93422•(805)466-2044•Fax(805) 466-9218•www.atoscaderochomher.org
December 4, 2000
City Report for Chamber's Activities and Programs
June to December
Programs and Events
The Banner project is up and running with the Wine Festival banners the first to fly.
The Chamber purchased banners to promote Tuesday Evenings in the Park. These
banners remained up through the summer until the Showcase Mixer in September. After
the Showcase mixer banners, Colony Days and then the Zoo banners went up.
Coordinated the non-profit groups for Tuesday Evening in the Park to host an evening.
Arranged for BBQ help, serving by non-profits and logistics for 10 Tuesday evenings.
Each non-profit earned between $1,500 and$2,000 each night and the Atascadero
Athletic Foundation earned$3,000. Approximately$20,000 to 23,000 was earned for
local groups.
• Plans began as early as June to offer a business assistance workshop in dealing with Big
Box stores coming to town. Paul Saldana assisted me with ideas to bring to the table. A
speaker David Ryal from the Small Business Development center was our key speaker.
Joining David were our Chamber panelists, Jay DeCou,John Nelson,Ray Johnson, and
Mike Miner from Arroyo Grande. Over 60 business people attended this luncheon
workshop and much was gained by the attendees. We will use this format again for future
subjects.
Wine Festival Golf Tournament June 23rd was a success with plans to make it even
bigger this year. The idea to make the entire weekend a 3-day event to draw outsiders to
enjoy our area is key to this project. We are looking at ways to draw people from outside
our area next year. We want to fill our hotels and utilize all of our business services that
weekend.
We also assisted in the sales of all Wine Festival tickets for the dinner and the tasting.
This kept staff very busy.
Colony Days activities kept staff very busy giving out parade and vendor information.
The Chamber was also the headquarters for giving information to the vendors
participating in the Downtown Street Faire.
•
171
A Countywide Chamber Mixer was planned at the Mid State Fairgrounds. I met with Fafr {
officials to make this event the best ever for our local businesses to meet others from the I
area. It was a big success, even with the usual running out of food.
The Showcase Mixer was held at the Pavilion on the Lake. Over 60 businesses and 400
people attended the 2nd annual Showcase Mixer. We seem to have outgrown the present j
facility with the success of this venue to show off local business services and products. I
The option of adding tents is being researched for next year.
In October we helped gather enough support to have an Atascadero Section in the
publication the Train Tourist. We received numerous calls for further information based
on this section. Plans for next year's section will make this section even larger.
A new City Map was published with as many updated roads as possible. The highway 41
alignment was the most important change to publish. The Chamber helped host the
opening ceremonies providing refreshments for all attendees.
A new Visitor Guide and Membership directory was republished. Only the membership
information was updated due to an earlier contract to only change that information. i
i
In November the Chamber hosted a Candidates Forum for City Council race. The event
was well attended and arrangements with Charter.Communications to tape the forum j
were made. The program was played on eight separate occasions prior to the election. We
are proud we were able to bring these candidates message to the people that could not •
attend the lunch forum.
We are also undergoing a complete Web site revision. Many new items are being added
to make the site a lot more user friendly. A navigation bar will be visible at all times for
easy use. Photos are being chosen to add more interest. Links are being formed to the
local wine industry, bike paths and other local attractions. Our program is currently being
written to accommodate these changes and a finish date in January is our target.
I
Plans are well under way for our Annual Installation Dinner, which will be held January
20, 2001. Through my research I found a business organization of some form or another I
has been in existence in Atascadero for the past 80 years. This will be something to
celebrate.
C
Monthly Membership Mixers held at, Atascadero Youth Task Force, Taylor Rentals,
Poor Richard's Press, Harry's Upholstery& Home Furnishings and Eagle Creek Golf
Course.
Monthly Newsletter was published and sent to our now 480 plus members.
As of this time our Ambassadors have personally visited 180 existing business members.
To insure businesses stay informed we instituted an Adopt A New Member program. All •
117 new members to the Chamber receive calls from our Ambassadors inviting and
172
• informing them of the programs we have going in the month. The response has been
good.
Sold numerous tickets for local organization fund raising, concerts, and theatre groups.
Organized 24 ribbon cuttings and the Hwy 41 grand opening.
The Chamber has been involved in the following local programs
Hot El Camino Nights, Wine Festival, Colony Days,Downtown Lighting Ceremony and
Partners in Public Health.
2000 Visitor Information Services provided,June through Mid December
Phone calls logged 7,631
Visitors 3,522
Relocation Packets Mailed 178
Visitor Packets Mailed 53
As of 5/31 to 12/5 we received the following visits. These figures are truly encouraging
and seem to be growing every quarter.
General Info 1644
Members Info 1229
Events 894
Tourism 1025
Shopping 545
Recreation 638
Surrounding Area Info 768
117 new businesses were welcomed into the Chamber since February of this year. Our
total membership now is 481. As businesses come and go we expect to be at 500
members sometime in 2001.
Promo's and PSA run on Falcon Cable TV
Showcase Mixer $2,004
Tuesday Evening in the Park $1680
Mothers & Other Goddesses $3,300
Atascadero Wine Festival $550
Total Airtime Value $7,534
i �3