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HomeMy WebLinkAboutAgenda Packet 062210 A17Fl : r r F. i iWis { c` r \ � CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, June 22, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California City Council Closed Session 5:30 P.M Community Redevelopment Agency Special Meeting 6 00 P M Public Financing Authority Special Meeting Immediately following the conclusion of the Community Redevelopment Agency Meeting City Council Regular Session Immediately following the conclusion of the Public Financing Authority Special Meeting CITY COUNCIL CLOSED SESSION 5 30 P M. 1 PUBLIC COMMENT- CLOSED SESSION 1 2. CALL TO ORDER a. Conference with Real Property Negotiators (Govt. Code Sec 54956 8) Property- 4711 EI Camino Real, Atascadero, CA, APN #029-271-001 Agency Negotiator- Wade McKinney, City Manager Negotiating Parties Charles Treatch Under Negotiation Instruction to negotiator will concern price and terms of payment 3. ADJOURN CLOSED SESSION REPORT REDEVELOPMENT AGENCY MEETING 6 00 P M. PUBLIC FINANCING AUTHORITY SPECIAL MEETING Immediately following the conclusion of the Community Redevelopment Agency Meeting CITY COUNCIL REGULAR SESSION Immediately following the conclusion of the Public Financing Authority Special Meeting PLEDGE OF ALLEGIANCE. Council Member Kelley ROLL CALL. Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley APPROVAL OF AGENDA. Roll Call PRESENTATION 1 Update by Steve Martin, Tourism, Marketing and Event Services Consultant, on the Atascadero Collaborative on Tourism A. CONSENT CALENDAR (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 2 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 DRAFT MINUTES Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting ) 1 City Council Special Meeting Draft Minutes — May 11, 2010 ■ Recommendation. Council approve the Draft Special Meeting Minutes of May 11, 2010 [City Clerk] 2. City Council Meeting Draft Minutes — May 11, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of May 11, 2010 [City Clerk] 3. City Council Meeting Draft Minutes — May 25, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of May 25, 2010 [City Clerk] 4. Cid Council Draft Special Joint Meeting Minutes — May 25, 2010 ■ Recommendation. Council approve the Draft Special Joint Meeting Minutes of May 25, 2010 [City Clerk] 5 City Council Meeting Draft Action Minutes —June 8, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of June 8, 2010 [City Clerk] 6. Memorandum of Understanding for Service Employees International Union, Local 620 ■ Fiscal Impact: The MOUs have no changes and therefore no additional impact to the budget. ■ Recommendation. Council approve a Memorandum of Understanding (MOU) authorizing no changes to salaries or benefits for the Service Employees International Union (SEIU) Local 620 [City Manager] 7 Historic City Hall Rehabilitation Project — Package 3 Architecture & Engineering Services ■ Fiscal Impact: The fiscal impact for Package 3 of the Architecture and Design Services for the Historic City Hall Project will be $600,000 of budgeted funds Funding for this contract is included in the $43 million budget presented to Council on February 23, 2010 Recommendation. Council authorize the City Manager to amend the contract with Pfeiffer Partners Architects, Inc , for Architecture and ` Engineering Services in the amount not to exceed $560,000 for Package 3, plus $40,000 for reimbursables [Administrative Services] 3 8 Second Reading — Title 8 Building Code Text Amendment - Dormant Building Permit Applications Time Extensions Program - Phase III ■ Fiscal Impact: It is likely that between 25%-50% of the $374,000 in outstanding plan check fees will be collected with the Phase III extension program ■ Recommendation. Council introduce for second reading by title only, Draft Ordinance A to create a Phase III Dormant Building Permit Application program [Community Development] UPDATES FROM THE CITY MANAGER (The City Manager will give an oral report on any current issues of concern to the City Council ) 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 three minutes Please state your name 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. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council ) B PUBLIC HEARINGS 1 Placement of Sewer Service Charges on the 2010-2011 Property Tax Rolls ■ Ex Parte Communications ■ Fiscal Impact: The City will bill $1,740,334 24 in sanitation service charges for Fiscal Year 2010-2011 ■ Recommendation. Council adopt the Draft Resolution, adopting service charges to be added to the 2010-2011 property tax rolls [Public Works] 2. First Reading - Title 7 (Public Works), Chapter 8 Municipal Code Text - Amendment for the Fats, Oils and Grease Program (City of Atascadero) ■ Ex Parte Communications ■ Fiscal Impact: The FOG program is staffed with a single full-time employee in the current 2009-2011 budget, and is funded through the wastewater fund. As the program evolves and is further implemented, staffing levels and program funding will be monitored and modified as needed ■ Recommendation. Council introduce for first reading by title only, Draft Ordinance A to adopt Fats, Oil and Grease Program modifications to Title 7 (Public Works), Chapter 8 of the Municipal Code [Public Works] 4 C MANAGEMENT REPORTS 1 Response to San Luis Obispo County 2009-2010 Grand Jury's Electing City Treasurers and Clerks Report ■ Fiscal Impact: None ■ Recommendation. Council approve the City's formal response to the 2009-2010 San Luis Obispo County Grand Jury's report entitled, "Electing City Treasurers and Clerks Wise or Otherwise?" and direct the City Manager to forward the response to the presiding judge and Grand Jury [City Manager] 2. Strategic Planning 2010 - Update on Council Goals ■ Fiscal Impact: The two-year budget is based on the goals developed through the strategic planning process While there is no direct impact as a result of the approval of this work plan, future budgets will be based on these goals, and specific projects may require the expenditure of funds or additional resources ■ Recommendation. Council 1 Provide feedback or additional direction if necessary, and, 2. Receive and file this report on the progress being made relative to the City Council's three goals [City Manager] 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.) D COMMITTEE REPORTS (The following represent standing committees Informative status reports will be given, as felt necessary) Mayor Fonzi 1 Air Pollution Control District 2 County Mayors Round Table 3 Economic Vitality Corporation, Board of Directors (EVC) Mayor Pro Tem O'Malley 1 League of California Cities — Council Liaison and CITIPAC Board Member 2 SLO Council of Governments, President (SLOCOG) 3 SLO Regional Transit Authority, President (SLORTA) 4 Central Coast Regional Water Quality Control Board, Member (RWQCB) Council Member Beraud 1 City/ Schools Committee 2 Homeless Services Oversight Council 3 Integrated Waste Management Authority (IWMA) 5 Council Member Clay 1 City/ Schools Committee Council Member Kelley 1 Atascadero State Hospital Advisory Committee 2 Atascadero Youth Task Force E. INDIVIDUAL DETERMINATION AND/OR ACTION 1 City Council 2 City Clerk 3 City Treasurer 4 City Attorney 5 City Manager F ADJOURNMENT 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. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the June 22, 2010 Regular Session of the Atascadero City Council was posted on June 15, 2010 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 15th day of June 2010, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 6 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING -he City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m unless there is a ommunity Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero 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 and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org 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. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are videotaped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400) 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 or the City Clerk's Office, both at (805) 470-3400 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 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 approach the lectern and be recognized. 1 Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4 All comments should be made to the Mayor and Council. 5 No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 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 SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 lectern. If you wish to speak for, against or comment in any way- 1 ay1 You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4 All comments should be made to the Mayor and Council 5 No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6 All comments limited to 3 minutes If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting Digital presentations must be brought to the meeting on a USB drive or CD You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 7 ITEM NUMBER A- 1 DATE. 06/22/10 iwr SPECIAL MEETING Atascadero City Council Tuesday, May 11 , 2010 6:00 P.M. City Hall — Council Chambers Atascadero, California DRAFT MINUTES `'blur Mayor Fonzi called the meeting to order at 6:25 p m ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi Absent- None Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. COUNCIL ANNOUNCEMENTS AND REPORTS *#AW CC Draft Special Meeting Minutes of 5/11/10 Page 1 of 4 P9 ITEM NUMBER A- 1 DATE 06/22/10 1 Reconsideration of Item #C-2 on the April 27, 2010 City Council agenda concerning Request for Participation in Grant Application "Small -400 Cities of San Luis Obispo County Climate Action Plan" — Sustainable Planning Grant and Incentives Program (Council Member Tom O'Malley) Council Member O'Malley explained why he wants the Council to reconsider this issue MOTION By Mayor Pro Tem O'Malley and seconded by Mayor Fonzi to reconsider Item #C-2 on the April 27, 2010 City Council agenda concerning Request for Participation in Grant Application "Small Cities of San Luis Obispo County Climate Action Plan" — Sustainable Planning Grant and Incentives Program Motion passed 4.0 by a roll-call vote. (Clay abstained) 2. Request for Participation in Grant Application. "Small Cities of San Luis Obispo County Climate Action Plan" - Sustainable Planning Grant and Incentives Program ■ Fiscal Impact: o Short Term No monetary match is required to qualify for these grants The Small Cities Climate Action Plan grant application would be prepared by a consultant funded through the SLO County Air Pollution Control District, with collaboration between other municipal agencies If the grant is funded, City staff time would be needed for public outreach and coordination during the Climate Action Planning process o Long Term A Climate Action Plan will commit the City and its citizens to make a number of significant changes from our current way of life The fiscal cost of these changes is not known, but is likely significant ■ Recommendation. Council adopt Draft Resolution A, to authorize participation in the Sustainable Planning and Incentives Program Grant application for grant funding of the "Small Cities of San Luis Obispo County Climate Action Plan " [Community Development] Council Member O'Malley shared his reasons for wanting the Council to approve this Resolution PUBLIC COMMENT Susan DeCarli expressed her support of staff's recommendation to authorize participation in this grant application Marty Brown urged the Council to adopt the resolution authorizing the City to apply for this grant funding (Exhibit A) CC Draft Special Meeting Minutes of 5/11/10 Page 2 of 4 P10 ITEM NUMBER A- 1 DATE 06/22/10 Ray Weymann stated his support of this grant funding and urged the Council to approve the participation in this grant funding in a prepared statement (Exhibit B) Joanne Main thanked the Council for reconsidering this issue She stated that she supports staffs' recommendation Angelique McQuity, High School teacher at Atascadero High School, brought some of her students with her tonight because they were concerned with the Council's original decision on this issue She asked the Council to re-consider their position and be leaders to these students She submitted a petition that was circulated at the High School today (Exhibit C) Fred Frank stated that it will be economically prudent to approve this Resolution that will authorize participation in this grant. Lee Perkins reminded the Council of the language in the General Plan that encourages participation in the Small Cities of SLO County Climate Action Plan Joan O'Keefe reminded the Council of how in the past the community had difficulty in accepting change when mandatory garbage pickup and recycling began However, Atascadero was ahead of most of the other cities in the County and we now have an excellent program Len Colamarino stated he is surprised that the Council did not approve this item at the last meeting He urged the Council to approve participation in this grant. Cindy Sasur asked the Council to approve participation in this grant Warren J Sarvis, III, thanked the Council for reconsidering this issue David Broadwater thanked the High School members for getting involved in this issue He expressed his support of the City participating in this grant program Mayor Fonzi closed the Public Comment period. Council Member Clay expressed that he cannot support this Resolution Council Member Kelley stated he will probably vote for this Resolution, but that he has strong concerns MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to adopt Draft Resolution A, to authorize participation in the Sustainable Planning and Incentives Program Grant application for grant funding of the "Small Cities of San Luis CC Draft Special Meeting Minutes of 5/11/10 Page 3 of 4 P11 ITEM NUMBER A- 1 DATE 06/22/10 Obispo County Climate Action Plan," including the amendments suggested by the City Attorney and Council Member O'Malley Motion passed 4 1 by a roll-call vote. (Beraud opposed) (Resolution No. 2010-037) ADJOURNMENT Mayor Fonzi adjourned the meeting at 7 02 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk /Assistant to the City Manager The following exhibits are available for review in the City Clerk's office Exhibit A— Leter from Marty Brown Exhibit B— Statement from Ray Weymann Exhibit C— Petition from Atascadero High School 1490, CC Draft Special Meeting Minutes of 5/11/10 1-80� Page 4 of 4 P12 ITEM NUMBER A-2 DATE. 06/22/10 1%W 1sais r t , `CMAPAD '979 CITY OF A TA SCA DERO == CITY COUNCIL DRAFT MINUTES Tuesday, May 11, 2010 City Hall Council Chambers 6907 El Camino Real, Atascadero, California City Council Closed Session 5 45 P M Community Redevelopment Agency Special Meeting 6 00 P M City Council Regular Session Immediately following conclusion of the Redevelopment Agency Meeting CITY COUNCIL CLOSED SESSION 5 45 P M. 1 PUBLIC COMMENT— CLOSED SESSION — None 2. CALL TO ORDER a. Conference with Labor Negotiators(Govt Code Sec 54957 6) Agency designated representatives Wade McKinney, City Manager Employee Organizations Atascadero Firefighters Bargaining Unit; Atascadero Police Association, Service Employees International Union, Local 620, Mid-Management/Professional Employees, Non-Represented Professional and Management Workers and Confidential Employees VO CC Draft Meeting Minutes of 5/11/10 Page 1 of 11 P13 ITEM NUMBER A- 2 DATE 06/22/10 3. ADJOURN Ifto CLOSED SESSION REPORT City Attorney reported that there was no reportable action taken CITY COUNCIL REGULAR SESSION 6 00 P M Mayor Fonzi called the meeting to order at 7 10 p m and Mayor Pro Tem O'Malley led the Pledge of Allegiance ROLL CALL. Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi Absent- None Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson Staff Present- City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Nato, Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call Mayor Fonzi stated that it has been suggested that Item #C-3 be moved to #A-4 MOTION By Council Member Clay and seconded by Council Member Beraud to approve the agenda as amended. Motion passed 5;0 by a roll-call vote. A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes — April 13, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of April 13, 2010 [City Clerk] 2. March 2010 Accounts Payable and Payroll ■ Fiscal Impact. $1,413,541 25 CC Draft Meeting Minutes of 5/11/10 Page 2 of 11 P14 ITEM NUMBER A-2 DATE. 06/22/10 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for March 2010 [Administrative Services] 3. Transit Center Engineerinq Design Contract Award (Contract for Professional Services) ■ Fiscal Impact. Not to exceed $71,972 00 SLOCOG has committed Proposition 1 B funding for the design of the project ■ Recommendation. Council authorize the City Manager to execute a contract with Wallace Group, Incorporated to design the Transit Center improvements for an amount not to exceed $71,972 00 [Public Works] 4 On-site Alcohol Sales License Determination of Public Convenience - PLN 2010-1363 -- 6917 EI Camino Real, Suite C "Galaxy Theater" (Colony Square, LLC/Galaxy Theater) ■ Fiscal Impact: Slight positive fiscal impact expected from increased sales tax. ■ Recommendation. Council adopt Draft Resolution A finding that a public convenience would be served by allowing the issuance of an on-site sale of beer and wine license for the Galaxy Theater, a new establishment located at 6917 EI Camino Real (Colony Square) [Community Development] MOTION By Council Member Clay and seconded by Council Member ,fir Beraud to approve the Consent Calendar Motion passed 5.0 by a roll-call vote. (#A-3 Contract No. 2010- 010, #A-4 Resolution No. 2010-038) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney gave an update on the following issues • The City Council reviewed the quarterly Treasurer's report and the report from the Grand Jury about elected City Clerks and City Treasurers at the Finance Committee meeting earlier tonight. • WalMart open house had over 100 people in attendance • Assistant City Manager Jim Lewis reviewed the Office of Economic Development webpage and Tools for Business Success site COMMUNITY FORUM Mitch Paskin asked that his questions concerning Oak Ridge Estates, that were asked at the last Council meeting, be answered What building permits are outstanding? Who is going to pay for the damage to the road? vftw CC Draft Meeting Minutes of 5/11/10 Page 3 of 11 P15 ITEM NUMBER A-2 DATE. 06/22/10 Jim Wilkins, President of the Atascadero Historical Society, announced an upcoming event at the Colony House Len Colamarino asked for an update on the FEMA appeal concerning the restoration of the City Hall Warren J Sarvis, III, stated that the Council broke State law last month when they voted to ban medical marijuana facilities Joanne Main, Atascadero Chamber, announced upcoming Chamber events in Atascadero Chuck Ward, co-chairman of the Purple Heart Trail committee, gave the Council an update on their progress Steve Martin, Main Street Executive Director, announced upcoming Main Street events in Atascadero David Broadwater expressed his opinion concerning the events between two Council Members at the last meeting He also asked the City Council to consider adopting a resolution, at their next meeting, against the International Whaling Commission's request to lift the moratorium on commercial whaling (Exhibit A) Ron Walters stated his opinion concerning the events between two Council Members at the last meeting Warren J Sarvis, III, asked for permission to hand out business cards Mayor Fonzi closed the COMMUNITY FORUM period. City Manager Wade McKinney responded to questions asked • Oak Ridge Estates — staff is acquiring the information and will respond to Mr Paskin by the end of the week. • FEMA appeal is not yet on the City's website, but it is available in City Hall • City Attorney respectfully disagreed with the comment that the City violated State Law There was Council consensus to have Mr Broadwater submit more information concerning the whaling moratorium for the Council to review CC Draft Meeting Minutes of 5/11/10 Page 4 of 11 P16 ITEM NUMBER A-2 DATE. 06/22/10 B PUBLIC HEARINGS fir• 1 Weed Abatement — Hearing of Objections ■ Fiscal Impact. The costs and revenues associated with the Weed Abatement Program vary from year to year and are dependent on property owner non-compliance The fees are placed on the San Luis Obispo County Special Tax Assessment for the fiscal year 2010-2011 Tax Roll ■ Recommendations. Council 1 Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections, and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. [Fire] Fire Chief Kurt Stone gave the staff report and answered questions from the Council PUBLIC COMMENT Jerry Williams stated he has a problem with the weed abatement program, and expressed his concerns Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to 1 Hear all objections to the proposed removal of vegetative growth and/or refuse and allow or overrule any objections, and, 2. Authorize the Fire Chief to proceed and perform the work of abatement. Motion passed 5.0 by a roll-call vote. C MANAGEMENT REPORTS 1 PLN 2009-1341 -- CUP 2009-0244 / RAB 2010-0019 Conditional Use Permit for a 10 Screen Movie Theater / Retail / Restaurant building Request to Summarily Vacate a Portion of Atascadero Mall Ave. and EI Camino Real -- 6320 - 6490 EI Camino Real (Hoff/ Wysona) ■ Fiscal Impact: The applicant shall pay all fees and expenses to abandon the Right-of-Way City Council will be considering issues regarding right-of-way compensation and final terms of the property transfer The theater and retail portions of the project will be revenue positive to the City regarding sales tax and property tax increases VAW CC Draft Meeting Minutes of 5/11/10 Page 5 of 11 P17 ITEM NUMBER A- 2 DATE. 06/22/10 ■ Recommendations. Planning Commission Recommends the City Council Wo 1 Adopt Draft Resolution A approving Road Abandonment 2010-0019 to summarily vacate a 10-foot wide road and landscape easement along the EI Camino Real right-of-way, and a portion of Atascadero Mall Ave based on findings and subject to conditions of approval, and, 2 Adopt Draft Resolution B approving a Conditional Use Permit, height waiver, and Tree Removal Permit for the La Plaza Theater project based on findings and subject to conditions [Community Development] Community Development Director Warren Frace gave the staff report, Public Works Director Russ Thompson explained the requested easement and requested road abandonment, and they both answered questions from the Council Ex Parte Communications Council Member Clay spoke to Larry Wysong who stated that none of the additional properties are tied down Mayor Fonzi recessed the meeting at 8.35 p.m. Mayor Fonzi reconvened the meeting at 8 45 p.m. PUBLIC COMMENT Michael Sherer, Applicant representative, explained the process they have followed and answered questions from the Council John Roush, theater owner, answered questions from the Council He stated that he needs the City to approve the conditional use permit before he pulls all the additional properties together, acquire financing, etc Mr Roush said that he will not build the theater without the balance of the project. Chuck Ward, Planning Commissioner, stated he is the one Commissioner who voted against this project. He explained that his reason was that this project just doesn't make sense He suggested slowing this process down and conducting an economic analysis Alicia Hammond stated that everyone she has talked to says "Two theaters in Atascadero?" She urged the Council to deny this request Jim Wilkins, President of the Historical Society, said this project doesn't make sense He urged the Council to not abandon the road CC Draft Meeting Minutes of 5/11/10 1410 Page 6 of 11 P18 ITEM NUMBER A- 2 DATE. 06/22/10 Mike Zappas urged the Council to look very carefully at the parking He stated he would love to see this block developed, but cautioned the Council on this proposal Len Colamarino, Planning Commissioner, said that when the Planning Commission heard this item, they did not have the information the Council received from the Galaxy Theater today After reviewing this information, he asked the Council to slow down the process Tom Comar stated he is shocked because the City claims to be business friendly He asked where their business friendly attitude has gone He urged the Council to call Galaxy's bluff Michael Lautner told the Council they have a difficult decision to make He strongly urged the Council to conduct an economic study before making this decision Lee Perkins said that she is aghast at how the Council has changed its attitude concerning this project. George Schroff stated that he agreed with the suggestion of an economic study before approving this conditional use permit Ben Hoff, Applicant and property owner, said that in his experience as a City Attorney he has not seen such scrutiny on a proposed project He asked the Council to approve the proposed conditional use permit. Karyn Sturtevant, President of Main Street, read a prepared statement from their Board The statement suggested that the following actions would benefit the retail development in the Colony District; the removal of the height restriction, vacate the 10 foot wide road and landscape easement along EI Camino Real, and be mindful of the cumulative impacts on parking created by any downtown development. Wesley Dodds said this project is beautiful but seems to be a concept, and not a prepared plan This project seems to be moving through the process very quickly and asked the Council to slow down and be cautious David Bentz, Planning Commissioner, stated that the Commission approved a plan that requires John Roush to acquire a building permit before he builds his project. He believes both theaters would make a profit. Warren J Sarvis, III, urged the Council to do their homework on this issue Jim Shores, property owner of gas station, asked the Council to approve Mr Roush's request for a conditional use permit. CC Draft Meeting Minutes of 5/11/10 Page 7 of 11 P19 ITEM NUMBER A-2 DATE. 06/22/10 Joanne Main, Executive Director of Chamber, read a prepared statement of their Board asking the Council to postpone making this decision to allow for the Council to acquire more information, such as an economic study (Exhibit B) Bruce Bevins stated that he thinks everyone here wants the Downtown to thrive but he is concerned about this proposal He suggested postponing this decision Frank Rimkus, CEO of Galaxy Theater, gave a brief background of his educational and work history He stated that he is concerned with how quickly this proposal has gone from initial proposal to approval tonight. Mr Rimkus said, for example, that Galaxy should have over 400 parking spaces, and they will only have 166 This proposed theater will have much less He asked the Council to create a level playing field and require La Plaza to comply with the City's conditions for approval of a CUP Sandy Jack, Planning Commissioner, said that the Colony Square was approved by a previous Council and the current Council is more business friendly He stated that he doesn't see a CUP as a big deal He urged the Council to consider approving this CUP Brian Sturtevant, Planning Commissioner, said that at the Joint Meeting he was skeptical of this project. However, the public comment was very supportive of the project. He stated that he feels this project will be a positive addition to the Downtown Alicia Hammond again listed her concerns Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to go past 11.00 p.m Motion passed 5.0 by a roll-call vote. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to direct staff to bring back the initiation of a Zone Change to eliminate the height restriction across from Sunken Gardens, including the Downtown Revitalization Plan, to coincide with the balance of the Downtown. Motion passed 5.0 by a roll-call vote. MOTION By Council Member Clay and seconded by Mayor Fonzi to adopt Draft Resolution A approving Road Abandonment 2010-0019 to summarily vacate a 10-foot wide road and landscape easement along the EI Camino Real right-of-way, and a portion of Atascadero Mall Ave based on findings and subject to conditions of approval City Attorney Pierik interrupted the Council to state that the recommended Draft Resolution refers to the 10-foot wide road and landscape easement along EI Camino Real and the Atascadero Mall If the Council is inclined to approve the EI Camino Real CC Draft Meeting Minutes of 5/11/10 low Page 8 of 11 P20 ITEM NUMBER A-2 DATE 06/22/10 easement only, the Resolution will have to be re-drafted He advised the Council to continue this item to a future date, staff could review any necessary public hearing requirements, and return to the Council with a Resolution limited just to the El Camino Real easement. There was City Council consensus to direct staff to • Bring back to Council additional information about the options available for the vacating of the road and landscape easement, • Return to Council with a revised Resolution to abandon easement along El Camino Real, • Work with Applicant to prepare a conceptual plan of entire project with authority to set boundaries and ultimate design, • Provide additional detailed parking analysis • Bring back a timeline MOTION By Mayor Fonzi and seconded by Council Member Kelley to direct staff to prepare an economic analysis of 20 theaters in Atascadero with a cost up to $10,000 00 Motion passed 4 1 by a roll-call vote. (Beraud opposed) MOTION By Mayor Fonzi and seconded by Council Member Clay to continue Draft Resolutions A & B, continuing the approval of the CUP to the Council meeting of June 8, 2010 Motion passed 5.0 by a roll-call vote. Mayor Fonzi recessed the meeting at 11 36 p.m. Mayor Fonzi reconvened the meeting at 1145 p.m. 2. Bond Finance Team ■ Fiscal Impact: The fiscal impact of awarding the contracts is dependent upon the type and face value of the bonds being issued The estimated total underwriting and bond counsel fees for a $16 million bond issue is approximately $250,000 These fees are due only upon sale of the bond and will be paid from bond proceeds • Recommendations. Council 1 Authorize the City Manager to execute an agreement with Piper Jaffray for underwriting services and, 2 Authorize the City Manager to execute an agreement with Quint & Thimmig for bond counsel services [Administrative Services] Administrative Services Director Rachelle Rickard introduced Mark Curran from Piper Jaffray who gave a report and answered questions from the Council 1%W CC Draft Meeting Minutes of 5/11/10 Page 9 of 11 P21 ITEM NUMBER A-2 DATE 06/22/10 PUBLIC COMMENT David Bentz told the Council that there are at least a dozen other firms out there that will do the same work for the City as the team being proposed to you tonight. Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to 1 Authorize the City Manager to execute an agreement with Piper Jaffray for underwriting services and, 2. Authorize the City Manager to execute an agreement with Quint & Thimmig for bond counsel services. Motion passed 5 0 by a roll-call vote. (#C-2.1 Contract No. 2010-011, #C-2.2- Contract No. 2010-012) 3 Stadium Park Fire Study ■ Fiscal Impact: None ■ Recommendation. Council receive and file this report on the grant staff received for the purpose of conducting a fire study for Stadium Park. [Fire] Fire Chief Kurt Stone gave the staff report and answered questions from the Council PUBLIC COMMENT Lon Allan, Friends of Stadium Park, wants to be on the record by saying that they are concerned and want the Park to remain in as natural a state as possible They support the need to study the fire potential in Stadium Park Mr Allan also stated that they would agree with the removal of ladder fuels, thinning, and even removal of some of the non-native plants and trees He requested that both Atascadero Land Preservation Society and the Friends of Stadium Park be kept up to date and included in discussions concerning the Park. Mayor Fonzi closed the Public Comment period. MOTION By Council Member Kelley and seconded by Mayor Fonzi to receive and file this report on the grant staff received for the purpose of conducting a fire study for Stadium Park. Motion passed 5.0 by a roll-call vote. 4 Atascadero Trail and Restoration Grant Status ■ Fiscal Impact: There is no fiscal impact to receive and file this report. CC Draft Meeting Minutes of 5/11/10 Page 10 of 11 P22 ITEM NUMBER A- 2 DATE 06/22/10 ■ Recommendation. Council receive and file staff report on the current ,err, status of the Atascadero Trail Project Grant [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Clay and seconded by Mayor Pro Tem O'Malley to receive and file staff report on the current status of the Atascadero Trail Project Grant. Motion passed 5.0 by a roll-call vote. COUNCIL ANNOUNCEMENTS AND REPORTS None D COMMITTEE REPORTS None E. INDIVIDUAL DETERMINATION AND/ OR ACTION None F ADJOURNMENT Mayor Fonzi adjourned the meeting at 12 47 a.m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk/ Assistant to the City Manager The following exhibit is available for review in the City Clerk's office- Exhibit A— Information submitted by David Broadwater re: whale hunting Exhibit B— Prepared statement submitted by Joanne Main re La Plaza Theater CC Draft Meeting Minutes of 5/11/10 Page 11 of 11 P23 P24 ITEM NUMBER A-3 DATE. 06/22/10 r..r.. 1191$ r r1979 D CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, May 25, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION 6 00 P M. NOW Mayor Fonzi called the meeting to order at 6.03 p m Mayor Fonzi made an announcement regarding Memorial Day She stated that the City of Atascadero was chosen as the official designation of the Veterans Memorial in the County, at today's Board of Supervisor's meeting She read the Resolution from the County Board of Supervisors recognizing the "Faces of Freedom" Veterans memorial, and she asked the public to stand for a moment of silence Council Member Beraud led the Pledge of Allegiance ROLL CALL Present: Council Members Clay, O'Malley, Kelley, Beraud, Mayor Fonzi Absent. None Others Present: Administrative Assistant Annette Manier Staff Present- City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Community Services Director Brady Cherry, Police Chief Jim Mulhall, and City 400. Attorney Brian Pierik. CC Draft Meeting Minutes of 05/25/10 Page 1 of 9 P 25 ITEM NUMBER A-3 DATE 06/22/10 APPROVAL OF AGENDA. Roll Call l„rr+ MOTION By Council Member O'Malley and seconded by Council Member Clay to approve the agenda. Motion passed 5.0 by a roll-call vote. A. CONSENT CALENDAR 1 Memorandums of Understanding for Atascadero Police Association, Mid-Management/Professional Employees Association and the Atascadero Professional Firefighters Association Local 3600 ■ Fiscal Impact. None ■ Recommendations. Council approve Memorandums of Understanding (MOU's) authorizing no changes to salaries or benefits for the Atascadero Police Association, Atascadero Mid-Management / Professional Employees, and the Atascadero Professional Firefighters Association [City Manager] MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Kelley to approve Item #1 of the Consent Calendar Motion passed 5 0 by a roll-call vote. (Contract No. 2010-014, 105, & 016.) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney updated the Council on the following issues • Historic City Hall project is moving forward The environmental hazard mitigation contractor is doing the tests and has indicated that the tests are going well Our construction management firm, Bernards, is on site and the project is moving forward with a public outreach program • The FEMA appeals are final and we are considering our legal opportunities • Colony Square is moving forward • City Manager McKinney thanked the Public Works Department for their work in the downtown and City parks COMMUNITY FORUM David Broadwater asked the City Council to put on their June 8th agenda, a resolution opposing the resumption of commercial whaling (Exhibit A) Karyn Sturtevant stated she supports Mr Broadwater's comments 1404 CC Draft Meeting Minutes of 05/25/10 Page 2 of 9 P26 ITEM NUMBER A- 3 DATE 06/22/10 fir► Eric Greening stated he is in agreement with Mr Broadwater and Mrs Sturtevant. He stated we are sharing this planet with living creatures who share our DNA and evolutionary history, and we need the resolution which would be asking to both continue and strengthen the moratorium Jessica Rodriguez and Alex Adams, members of Teens at Work, a non-profit organization run by teenagers, spoke about the program They perform jobs such as landscaping, community services, artwork, and the program helps teenagers learn job skills On June 5, 2010, they are holding a Recycle Day at Sunken Gardens Ms Betian Web, Program Director for Teens at Work, said their mission is to grow our next generation of an efficient workforce and civic leaders They are a program of The Link. The Recycling Day is being held in partnership with Atascadero Waste Management and Sylvester's Burgers George Schroff, Santa Margarita, stated he greatly respects the integrity of the seats held by the Council and the decisions they make He spoke about comments made by a member of the Planning Commission two weeks ago during public comment in regards to La Plaza and his approval of the Conditional Use Permit He found the comments shallow and discouraging He is expecting the Council to make informed conclusive decisions Fred Collins, Tribal Administrator with the Northern Chumash Tribal Council, said the Northern Chumash Tribal Council is the only governing Chumash Council in San Luis Obisop County He supports the resolution supporting the protection of whales Mayor Fonzi closed the COMMUNITY FORUM period. There was discussion to take a vote on putting the Resolution regarding the protection of whales on the June 8, 2010 Council Agenda. Council Member Clay stated for the record, he would like to hear both sides of the story before he makes a decision, so he will not support it MOTION By Council Member B6raud and seconded by Council Member Kelley to support putting a resolution in support of protecting the whales on the June 8, 2010 City Council agenda. Motion passed 4 1 by a roll-call vote. (Clay opposed) Mayor Fonzi recessed the meeting at 6.25 p.m for the Special Joint Meeting of the City Council and Planning Commission on the Walmart/EIR Mayor Fonzi reconvened the meeting at 8:55 p.m. B PUBLIC HEARINGS None CC Draft Meeting Minutes of 05/25/10 Page 3 of 9 P27 ITEM NUMBER A- 3 DATE 06/22/10 C MANAGEMENT REPORTS None COUNCIL ANNOUNCEMENTS AND REPORTS 1 Council Member Bob Kelley a. RECONSIDERATION Council Member Kelley requests the City Council reconsider their direction to staff at the May 11, 2010 regular session under Item C-1 to prepare an economic analysis of 20 theatres in Atascadero with a cost of up to $10,000 Council Member Kelley explained his reasons for requesting the reconsideration PUBLIC COMMENT Michael Latner stated that if the Council is still in favor of doing the economic study, he would do the study for half price George Schroff stated he is in support of an economic study Len Colamarino stated he is in favor of the Council reconsidering the vote Tom Comar stated he is in favor of reconsidering the vote Lee Perkins spoke in favor of reconsidering the vote Chuck Ward said the Council should not reconsider the vote Mayor Fonzi closed the Public Comment period. MOTION By Council Member Kelley and seconded by Mayor Pro Tem O'Malley to reconsider their direction to staff at the May 11, 2010 regular session under Item C-1 to prepare an economic analysis of 20 theaters in Atascadero with a cost of up to $10,000 Motion passed 4 1 by a roll-call vote. (Beraud opposed) b. MOTION UNDER RECONSIDERATION Motion by Mayor Fonzi and seconded by Council Member Kelley to direct staff to prepare an economic analysis of 20 theatres in Atascadero with a cost of up to $10,000 (Motion passed 4 1 by a roll-call vote — Beraud opposed) v. r CC Draft Meeting Minutes of 05/25/10 Page 4 of 9 P 2 g ITEM NUMBER A- 3 DATE. 06/22/10 PUBLIC COMMENT ,%W Chuck Ward said he wanted an economic study weeks ago, as this second theatre has a major impact on the Colony Square project. Many people believe two movie theatres may go belly up He fully supports an economic study It would lay to rest of lot of questions and concerns There is the question of who is going to pay for it George Schroff thanked the Council for slowing down the process for the La Plaza theatres He feels the applicant failed to demonstrate his confidence in his project with an opportunity to support a study evaluating an economic feasibility of his project in Atascadero He encouraged the Council to pursue an economic study Lee Perkins stated the Planning Commission attached adequate conditions to the CUP The sooner the project is approved, the sooner John Roush can go forward with presenting the City with plans The $10,000 economic study will have no guarantee, and the City cannot afford a risky expense She looks forward to both projects Len Colamarino said he understands why the original idea was approved but he does not know if it has a practical benefit. He said since Galaxy Theatres doesn't think more than ten screens will work in Atascadero, those are matters that have to be considered Galaxy may withdraw and La Plaza may not get built, with a worst case scenario that no theatres will be built. He said an economic analysis won't be decisive in getting to the right conclusion, so it is better to keep the money He felt the study should not be required and the City shouldn't pay for it. Tom Comar stated he agrees with Mr Colamarino, as you cannot tell from an economic study what the impact will be, and it will not provide all the answers He said La Plaza will allow options for Atascadero and it will finish the downtown Galaxy will benefit by stopping the competition Karyn Sturtevant said if you do need to order an economic feasibility study, the study should not be a boilerplate request since it's not just two 10-screen theatres (there are different types of screens, i.e performing arts, the downtown theatre will have restaurants, etc ) One should not be at the detriment of another Michael Latner said no one envies the decision you have to make Many believe the La Plaza project may be the more dynamic and feasible project. An economic analysis will provide you with some understanding of the level of risk in which you are engaging He emphasized that this is an important decision He said Galaxy Theatres is here and holding you in an uncomfortable position David Bentz said you did not require an economic study from Colony Square, Rite Aid, Albertsons, or Galaxy Theatres, so why is it being required from another citizen in Atascadero who wants to put forth a lot of money? It does not make sense An economic study will not tell you whether he will be successful or not. Mr Roush has 40 years of experience with movie theatres He stated that the American dream is competition and competition benefits everyone CC Draft Meeting Minutes of 05/25/10 Page 5 of 9 P29 ITEM NUMBER A- 3 DATE. 06/22/10 John Roush, Central Coast Cinemas, said he is against the City spending $10,000 on an economic feasibility study The City should not have anything to do with the competition within the City He is hearing that Galaxy may pull out if another theatre is built and there may be blight. His project will eliminate three blocks of blight in an important portion of the City It is his opinion that Galaxy Theatres has a lease with Colony Square, and the banks have a $9 million construction loan with Colony Square, both recorded at the County of San Luis Obispo The City has guaranteed 1 5 million with Colony Square If they have an out in their lease, the stockholders might be very interested (Mr Roush asked for additional time to speak and there was Council consensus to grant 3 more minutes.) Mr Roush explained the contents of his letter (Exhibit B) George Schroff said Mr Roush's numbers are different than those that have been reviewed in other documents, thus the need for an economic study Maggie Cox, a member of the Colony Square team, spoke on behalf of Mr Frank Rimkus of Galaxy Theatres, and stated that Galaxy Theatres is prepared to split the cost with La Plaza on the study Council Member Clay suggested that since one public speaker spoke more than once, others should be allowed to speak again There was Council consensus to invite the public to speak again. Chuck Ward said he heard that the second theatre may have all sorts of performances 1000, that the Galaxy Theatres wouldn't have He doubts that comment, and does not consider that a valid argument. He disagreed with the fact that an economic study won't show anything He stated he has confidence that there are great consultants out there who can do this study Len Colamarino said that we should take a close look at Galaxy's position and determine if it is realistic that they will, in fact, withdraw He said that ultimately, Galaxy has a business decision to make He asked if Galaxy has the legal right to withdraw under their lease Mr Roush said Mr Colamarino had some great points He said that you need to look at who gains the most from the study and that Colony Square has a lot to gain He said the La Plaza project is so important. Mr Roush reminded the Council that the Hoff property is for sale, his deal to the Hoff property includes the City letting him build, and holding this up poses a delay Mayor Fonzi closed the Public Comment period. Council Member Clay said an offer can be contingent on approval of the CUP He is hesitant to agree to something with no contracts on the property We have a $9 million dollar project, and we're only talking about $10,000, and we need to get it right. low CC Draft Meeting Minutes of 05/25/10 Page 6 of 9 P30 ITEM NUMBER A-3 DATE 06/22/10 Council Member Kelley said his main concern is the City spending the $10,000 MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to modify the existing motion to require an economic study for no more than $15,000 and cost to be borne by the applicant. Council Member Kelley said there may be a conflict of interest since the City is a financial partner in Colony Square with 1 5 million The City Attorney clarified that there is no conflict of interest. Discussion followed Mayor Pro Tem O'Malley said he would like to modify his motion MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to modify the existing motion to require that the City make the decision on the selection of the company that will do the economic study for no more than $15,000 and that the cost be borne by both applicants/developers If they can agree, they can go forward If they are unable to agree, they can bring it back to the City City Attorney Brian Pierik and the Council had additional discussion on the amended language in the Resolution MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to modify the existing motion to request that the applicant, La Plaza, and Galaxy consult with each other to agree on an economic consultant with respect to an economic study not to exceed $15,000, and each would pay half of that cost and then report back to the City whether they've been able to reach an agreement, or not able to reach an agreement. They will come back to the City at a future meeting and the City will decide what course of action to take. Motion passed 3:2 by a roll-call vote. (Kelley, Clay opposed) 2. Council Member Bob Kelley- Council Member Kelley requests the City Council consider amending the Council Norms and Procedures 2009 by adding under the Public Meetings section the following "if the City Council votes to go past 11.00 p m , they will go no more than 30 minutes to enable the Council to wrap up the current item, and continue any items remaining on the agenda." Council Member Kelley explained his reasons for this request. MOTION By Council Member Kelley and seconded by Council Member Beraud to consider amending the Council Norms and 1%W Procedures 2009 by adding, under the Public Meetings section CC Draft Meeting Minutes of 05/25/10 Page 7 of 9 P31 ITEM NUMBER A-3 DATE 06/22/10 the following "If the City Council votes to go past 11 00 p.m., they will go no more than 30 minutes to enable the Council to wrap up the current item, and continue any items remaining on the agenda." Motion failed 3.2 by a roll-call vote. (Clay, O'Malley and Fonzi opposed) Mayor Fonzi stated for the record that she voted no because the City Council can adjourn any time they feel necessary COUNCIL ANNOUNCEMENTS AND REPORTS Mayor Beraud announced there is a Bike Plan Workshop on May 27, 2010 at 7 00 p m in Council Chambers and encourage people to attend Council Member Clay encouraged the public to eat at and support our local restaurants Mayor Fonzi stated she has received calls and emails from Alana Reynolds regarding a second unit, and Ms Reynolds would like this item put on a future Council agenda Council Member Kelley has also been in contact with her in regards to fees He said there is no official format for appeals for fee structures. He stated that in June or July, those fees may be altered, and at that time, she may have the option to get her permit under a new fee structure Mayor Fonzi stated that Ms Reynolds may also be able to designate the unit as an affordable unit. There was Council consensus to table the item until the fee structure is revisited. Wade McKinney said the Zone Code Amendment potentials will be on the next City Council Agenda and will also address this issue. D COMMITTEE REPORTS Mayor Pro Tem O'Malley Regional Transportation Authority - Our local hoteliers and Main Street have requested transportation for local events for visitors We were able to help with transporting to special events, and this has been a good partnership with RTA Caltrans — Council Member O'Malley contacted Caltrans regarding the trails around Highway 41 and Portola, and he thanked the Council Members for supporting his efforts Mayor Fonzi Air Pollution Control District - A decision was made to have a Memorandum of Understanding with the State Parks to try to find ways to mitigate the dust at the Nipomo Mesa that originates on the Oceano Dunes CC Draft Meeting Minutes of 05/25/10 Page 8 of 9 P32 ITEM NUMBER A- 3 DATE 06/22/10 E. INDIVIDUAL DETERMINATION AND / OR ACTION None `%r F ADJOURNMENT Mayor Fonzi adjourned the meeting at 10 15 p m MINUTES PREPARED BY Annette Manier Deputy City Clerk / Administrative Assistant The following exhibits are available in the City Clerk's office Exhibit A—Whale Hunting Background, distributed by David Broadwater Exhibit B—Letter from Central Coast Cinemas distributed by John Roush Ifra' '*awl CC Draft Meeting Minutes of 05/25/10 Page 9 of 9 P33 p 34 ITEM NUMBER A-4 DATE. 06/22/10 r u n r._ ..r..r.r.. s,sF s CITY OF A TA SCA DERO ,\�A9�EItp CITY COUNCIL Special Joint Meeting City of Atascadero City Council and Planning Commission Walmart / The Annex Project Eir Scoping Meeting and Project Review of the Del Rio Road Commercial Area Specific Plan Tuesday, May 25, 2010 Special Meeting follows the conclusion o the Community Forum portion of the May 25, 2010 City Council Regular Session DRAFT MINUTES Mayor Fonzi called the meeting to order at 6 30 p m and Council Member Kelley led the Pledge of Allegiance CC/PC Draft Minutes 05/25/10 Page 1 of 8 P 35 ITEM NUMBER A-4 DATE 06/22/10 ROLL CALL. 1 Present: Council Members Clay, B6raud, Kelley, Mayor Pro Tem O'Malley, and Mayor Fonzi Planning Commissioners Colamarino, Jack, Schmidt, Ward, Sturtevant, Vice Chairperson Bentz, and Chairperson Moreno Absent. None Staff Present* Community Development Director Warren Frace, City Engineer/Public Works Director Russ Thompson, City Manager Wade McKinney, and Deputy City Clerk Annette Manier Others Present: Jason Brandman, Michael Brandman and Associates, EIR Consultant Community Development Director Warren Frace explained the format for the meeting and stated that the first section will be conducted by the EIR Consultant. The project review portion will be conducted by City staff Director Frace introduced Jason Brandman, EIR Consultant from Michael Brandman Associates Jason Brandman gave a brief introduction of the firm Michael Brandman Associates, a summary of the project, issues that relate to CEQA, discussion about the Notice of Preparation (NOP), and an overview of the EIR Jason Brandman answered questions from the Council and Commission B PUBLIC HEARING 1 EIR Scoping Meeting — Del Rio Road Commercial Area Specific Plan (Walmart/The Annex Project) ■ Fiscal Impact: This commercial project is expected to be revenue positive for the City ■ Recommendation. Council conduct an EIR scoping meeting consistent with the requirements of the California Environmental Quality Act (CEQA) [Community Development] PUBLIC COMMENT David Broadwater asked the Council to consider directing Brandman & Associates to address an email regarding the Del Rio Road interchange Will the EIR address the CC/PC Draft Minutes 05/25/10 Page 2 of 8 P36 ITEM NUMBER. A-4 DATE 06/22/10 traffic upgrades and what will the funding through impact fees be? He asked that the following items be addressed workforce, building materials, lighting, heating and air conditioning, plug-ins in the parking lot for electric cars, solar panels, and analysis of parking spaces being covered Fred Collins, Tribal Administrator for the Northern Chumash Tribal Council spoke about Senate Bill 18 (SB18) and mentioned that we hope to come to an agreement when we go into the consultation with the City He stated that under SB18, the Native American community has the ability to be involved in projects from the beginning, adding that we will be consulted with and we will be heard George Schroff said he anticipates growth in traffic and has concern about widening the overpass Eric Greening said that SB18 applies directly to any General Plan Amendment. There are two nations to contact and the Salinan Nation also needs to be contacted He also spoke about the interchange issues with Caltrans, the funding picture, and timing Mr Greening said mitigations have impacts He agrees with Mr Broadwater's comments in regards to exploring solar and generating power on site Randy Lawrence, Obispo Road, stated he is concerned about the intersection on Del Rio and Obispo with the increased traffic He said this may become more of a problem and there may be an accident He asked how this will be mitigated He also expressed concern about pedestrian traffic. Steve Ryburn spoke about water and its importance in development and expressed concern that the Walmart Supercenter will require 6 million gallons of water annually to operate He asked that the EIR address this issue and stated he would like Walmart be a water-neutral project Don Dubaw, Del Rio Road, expressed concern about the increased traffic He stated that in some sections of the roadway, the shoulders are less than two feet wide on the north side of the street, while on the south side of the street, there is zero access and no space for foot traffic He is concerned about children who are students who walk on the road Ron Rothman, of Del Rio Neighborhood Concerned Citizens, said they would like the following concerns addressed in the EIR. increased traffic, impacts to EI Camino Real/Del Rio overpass, bridge service levels, storm water run-off, noise levels, lighting, air quality, crime, and high density housing Finally, he said they do not want to see tax breaks and incentives for mitigating these impacts Jennifer Monte, resident in Colony Homes, expressed concern about the traffic, the project being placed next to adjacent residential and parks, noise, noise-sensitive land CC/PC Draft Minutes 05/25/10 Page 3 of 8 P37 ITEM NUMBER A-4 DATE 06/22/10 uses, and hazardous materials storage She asked that the EIR address these issues through a full economic analysis .,, Lee Perkins said she believes an economic study is needed to answer questions and assess long term impacts Who will pay for the cost of the increased traffic -- Walmart or the City? She said if Walmart does not pay, our property taxes will She asked what is the potential economic impact (how much of local business will go to Walmart?) and what will happen to the existing workforce? She asked if the project would expand in the future and how the project would affect our quality of life? Tom Comar, Spokesperson for SaveAtascadero corn (formerly Oppose Walmart) said the first discussion is about ensuring an unbiased appraisal of the multiple impacts this development will have on our community, our City budget, and tax dollars, and on existing grocery stores He stated that a reasonable alternative that must be studied in the EIR is a similar size Walmart regular department store without the full grocery store He said the EIR should also address traffic, noise, glare, hazardous dumping, nighttime deliveries, idling big rigs, crime, and funding of emergency services and police Fred Frank expressed support for most of the concerns that were addressed, specifically the secondary roads He said many of the concerns regarding the transfer of mitigation costs should be addressed Jim Wilkins, President of the Historical Society, stated that he attended the Open House and is excited to work with the Rottman Group and Walmart in preserving the Colony homes that are out there, and getting them placed Michael Latner said he attended the Open House meeting and has questions about the floor plan, cooling system, the parking lot, and materials used He asked if there was a formal process for submitting a pilot program including water reclamation systems and measuring the impact of long-term urban decay Gary Kirkland, Portola Road, said the EIR should cover tax revenue, new jobs, and all economic impacts, both positive and negative Peter Henderson, resident of the Colony Homes north of the project, expressed concern about The Annex and the ability to merge onto EI Camino Real He said he is also concerned about lights, noise, pollution, and the impacts on their park. Mayor Fonzi closed the Public Comment period. Jason Brandman said the EIR will address all the issues that were addressed by the public CC/PC Draft Minutes 05/25/10 Page 4 of 8 1400 P 38 ITEM NUMBER- A-4 DATE 06/22/10 Mayor Pro Tem O'Malley read a letter into the record from Robert and Marlene Vaw Shannon (Exhibit A) The Council and Planning Commissioners made comments on the project. Jason Brandman and Warren Frace answered questions The consultant will be responsible for formulating responses C. MANAGEMENT REPORT 1 Project Review — Del Rio Road Commercial Area Specific Plan (Walmart /The Annext Project) ■ Fiscal Impact: This commercial project is expected to be revenue positive for the City ■ Recommendation. Council take public comment on general project issues and provide staff with any additional project comments not covered under the EIR scoping [Community Development] Community Development Director Warren Frace gave the staff report and explained that after the Open House, the City received over 80 written comments that were delivered to the Council and Commission Staff expects the draft EIR to be released in Fall 2010 The entire EIR is expected to be completed in Winter 2010 with hearings in early 2011 PUBLIC COMMENT Mayor Fonzi announced that Fred Collins will be granted five minutes for public speaking since he is a stakeholder in the project, followed by the younger member of the public Fred Collins, Tribal Administrator with the Northern Chumash Tribal Council, explained that it is their opinion that the Walmart corporate structure is a criminal corporate structure in dealing with the Native Americans Mr Collins introduced Vennise Forte, Chairperson of the Coastal Band, and Lou Silva, an Elder and Chief of the Chumash Nation Mr Collins read comments from a statement which he submitted for the record (Exhibit B) and stated they do not support this project. Sondra Flores said she is worried about having so many empty buildings in town and hopes that when Walmart and the theatres come to town, we will have more money and business Mike Anderson said he looks forward to the project, as this City needs income He said the buildings are emptying out in our City and many businesses are in favor of Walmart He said he would like to see Atascadero remain a City and not go back to the County CC/PC Draft Minutes 05/25/10 %W Page 5 of 8 P39 ITEM NUMBER A-4 DATE 06/22/10 He said Walmart is trying to be a good neighbor and we should support our community and local jobs Michael Latner submitted a formal recommendation called "Building a Future Together- How Citizens Can promote More Prosperous Development at Del Rio through the ADE Economic Development Strategy" (Exhibit C) Randy Lawrence talked about a box store district and echoed Len Colamarino's comments He said we have every reason to be concerned this may become a box store district He stated that we know stores are going to close when Walmart comes in, and what will happen to the space, such as K-Mart, when they close? Bob Martz said we have heard arguments for four to five years for and against Walmart. He said we had an election in favor of Walmart so please let Walmart proceed Lee Perkins said she is in agreement with Len Colamarino and Mr Lawrence regarding big box developments and is concerned about the architectural style of the store She stated that Walmart has been asked to provide a living wage for their employees and they have not and there is a class action suit against Walmart because of discrimination against women She added that Walmart has a history of crime in their parking lots Tino Santos said he listens to KPRL. He said that for four years, we have been hearing people attack Walmart; 70% of the people want a Walmart and he thanked Walmart for not giving up He said if you don't like Walmart, stay away from Walmart. Young students need jobs here, and Atascadero needs opportunities He asked that people stop blaming Walmart for everything He said Walmart provides jobs and goods, and he is fed up with the same people speaking against it -- it's about time we proceed Jenna Jordan spoke on behalf of her family in Atascadero She said tax revenue will help critical services, and Walmart has contributed to neighboring cities for years, such as supporting our Hometown Heroes She said as long as Walmart supports our local servicemen and women, she will continue to support Walmart. Sonya Serra said in the last 10 days she has visited Walmart twice She said tThey have what she needs and wants at good prices While working at Twin Cities Hospital, she verified that Walmart employees have great benefits She believes that local dollars will stay here if a Walmart comes Tom Comar suggested the City Council ask that the Walmart building not be allowed to expand in the future, that it pay into a traffic input fund, have no overnight deliveries, no idling delivery trucks, no trash compactors after 10 p m or before 7 a.m , no overnight trucks, or campers, address the lighting, pay money up front for emergency services, contribute to Police, establish a demolition escrow account, and a large percentage of their employees should be Atascadero residents CC/PC Draft Minutes 05/25/10 Page 6 of 8 `"101 P40 ITEM NUMBER A- 4 DATE 06/22/10 Ron Rothman said hewould like to see the best project for Atascadero and asked about lbw the entrance into Walmart and The Annex. He said these items should be addressed to ensure we get the best scenario George Schroff said the local Office Depot store suffered the impacts of not having Walmart as an anchor store and other stores struggling waiting for an anchor store He encouraged the project to move forward as quickly as possible Ernie Porter stated he has been here for 91 years He said he supports Walmart because it will allow him to shop at a store where he can buy affordable goods He said Walmart will provide some jobs Gary Kirkland spoke in favor of Walmart. His church teaches we should light a candle and not curse the darkness He said people here should light a candle, If you think you can do better, open your own store Donald Cross voiced concern about Walmart abandoning the project. The EIR will bring these considerations to light He said if this goes on, the field will remain empty Mayor Fonzi closed the Public Comment period. Mayor Fonzi recessed the meeting at 8.25 p.m. for a break. fir► Mayor Fonzi called the meeting back to order at 8.35 p.m. City Council Members, Planning Commissioners, staff, and the applicant discussed the project further and addressed questions and comments brought up during the public comment portion of the meeting Mayor Pro Tem O'Malley stated he had an email from Jay DeCou in support of the Walmart project and submitted it for the record (Exhibit D) WRAP UP Mayor Fonzi thanked the public for their participation and continued future participation in the process ADJOURNMENT Mayor Fonzi adjourned the meeting at 8.55 p.m. CC/PC Draft Minutes 05/25/10 Page 7 of 8 P41 ITEM NUMBER A-4 DATE 06/22/10 MINUTES PREPARED BY Annette Manier Deputy City Clerk/Administrative Assistant The following exhibits are available in the Community Development Department: Exhibit A -Email from Marlene Shannon regarding sound wall Exhibit B-Statement from Northern Chumash Tribal Council Exhibit C- "Building a Future Together"from Michael Latner, PhD Exhibit D-Email from Jay DeCou CC/PC Draft Minutes 05/25/10 Page 8 of 8 Iwo P42 ITEM NUMBER A - 5 DATE 06/22/10 rrr' �'j91$ r 1979 CITY O TA SCA DERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, June 8, 2010 600PM City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CITY COUNCIL REGULAR SESSION 6 00 P M. Mayor Fonzi called the meeting to order at 6.00 p m and Council Member Clay led the Pledge of Allegiance ROLL CALL Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi Absent: None Others Present: City Clerk/Assistant to City Manager Marcia McClure Torgerson Staff Present- City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian Pierik. CC Draft Action Minutes of 06/08/10 P43 Page 1 of 10 ITEM NUMBER A-5 DATE 06/22/10 APPROVAL OF AGENDA. Roll Call MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Beraud to approve the agenda. Motion passed 5.0 by a roll-call vote A. CONSENT CALENDAR 1 City Council Meeting Draft Minutes -- April 27, 2010 ■ Recommendation. Council approve the Draft Meeting Minutes of April 27, 2010 [City Clerk] 2. 2010-2011 Annual Spending Limit • Fiscal Impact. None ■ Recommendation. Council adopt the attached Draft Resolution establishing the annual spending limit for fiscal year 2010-2011 [Administrative Services] 3 April 2010 Accounts Payable and Payroll ■ Fiscal Impact. 1,747,416 85 ■ Recommendation. Council approve certified City accounts payable, payroll and payroll vendor checks for April 2010 [Administrative Services] 4 Purchase of Bus Shelters ■ Fiscal Impact: Funds for the purchase of these shelters have been made available through the American Recovery and Reinvestment Act (ARRA) and have been programmed through the San Luis Obispo Council of Governments (SLOCOG) The cost of the shelters is $53,957 85, total ARRA funds available for the Bus Stop Improvement Project are $70,000 ■ Recommendation. Council approve the purchase of five pre- manufactured bus shelters from Tolar Manufacturing using American Recovery and Reinvestment Act (ARRA) grant funds in the amount of $53,957 85 [Public Works] 5. Final Map 2009-0147 (Parcel Map AT 09-0015) 6575 Sycamore Road (LLA 2009-0096) Atascadero Mutual Water Company ■ Fiscal Impact: None • Recommendation. Council 1 Adopt and Approve Final Parcel Map 2009-0147 (Parcel Map AT 09- 0015) and reject without prejudice to future acceptance on behalf of the public, the Public Streets and Pedestrian Access Easement, and, 2 Authorize and Direct the City Clerk to Endorse the Map with the City Council's Approval, and, Iwo CC Draft Action Minutes of 06/08/10 Page 2 of 10 P 4 4 ITEM NUMBER A- 5 DATE 06/22/10 3 Authorize the City Manager to sign a Drainage Release Agreement associated with Parcel Map ATAL (09-00015, Parcel 3) [Public Works] City Manager Wade McKinney announced a correction to the Resolution in Item #A-2 The Percentage Change should be -1 69% MOTION By Council Member Clay and seconded by Council Member Beraud to approve the Consent Calendar, as amended Motion passed 5.0 by a roll-call vote. (#A-2 Resolution No. 2010-039, #A-5 Contract No. 2010-013) UPDATES FROM THE CITY MANAGER City Manager Wade McKinney gave an update on projects and issues within the City COMMUNITY FORUM The following citizens spoke during Community Forum Pastor Steve Shivley, Kevin Campian-George Beattie Memorial Skate Park, Chuck Ward, Jim Wilkins-President of the Atascadero Historical Society, Elana Reynolds Mayor Fonzi closed the COMMUNITY FORUM period. There was Council consensus to have Staff look into the creation of a sign for the Skate Park. B PUBLIC HEARINGS 1 Apple Valley Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2010/2011 will total $38,430 for road/drainage system maintenance and $22,120 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Apple Valley ■ Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2010/2011, and, 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 for Street and Storm Drain Maintenance District No 01 —Apple Valley; and, 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 01 — Apple CC Draft Action Minutes of 06/08/10 P 4 5 Page 3 of 10 ITEM NUMBER A- 5 DATE 06/22/10 Valley, and the levy and collection of annual assessments related thereto in fiscal year 2010/2011, and, 4 Adopt Draft Resolution D ordering the levy and collection of 1"0 assessments for fiscal year 2010/2011 for Landscaping and Lighting District No 01 — Apple Valley [Administrative Services] Ex Parte Communications None Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Beraud and seconded by Mayor Pro Tem O'Malley to 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 01 — Apple Valley, and the levy and collection of annual assessments related thereto for fiscal year 2010/2011, and, 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 for Street and Storm Drain Maintenance District No 01 — Apple Valley; and, 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No. IM0 01 — Apple Valley, and the levy and collection of annual assessments related thereto in fiscal year 2010/2011, and, 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No 01 — Apple Valley Motion passed 5.0 by a roll-call vote. (Resolution No. 2010- 040, 041, 042, & 043) 2. De Anza Estates Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact. Annual assessments for 2010/2011 will total $50,224 for road/drainage system maintenance and $17,458 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in De Anza Estates The City General Fund will contribute $710 for the fiscal year 2010/2011 for half of the maintenance costs of the trails ■ Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 03 — De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2010/2011 ,, CC Draft Action Minutes of 06/08/10 Page 4of10 P46 ITEM NUMBER A-5 DATE 06/22/10 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 for Street and Storm Drain Maintenance District No 03 - De Anza Estates 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 03 - De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2010/2011 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No 03 - De Anza Estates [Administrative Services] Ex Parte Communications None Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Beraud and seconded by Council Member Kelley to 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No. 03 - De Anza Estates, and the levy and collection of annual assessments related thereto for fiscal year 2010/2011 2. Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 for Street and Storm Drain Maintenance District No 03 - De Anza Estates. 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 03 - De Anza Estates, and the levy and collection of annual assessments related thereto in fiscal year 2010/2011 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No. 03 - De Anza Estates. Motion passed 5.0 by a roll-call vote. (Resolution No 2010- 044, 045, 046, & 047) 3 Woodridge (Las Lomas) Assessment Districts ■ Ex Parte Communications ■ Fiscal Impact: Annual assessments for 2010/2011 will total $23,639 for road/drainage system maintenance and $49,826 for landscape and lighting maintenance These amounts will be assessed to the owners of parcels in Woodridge ■ Recommendations. Council 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 02 - Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2010/2011 CC Draft Action Minutes of 06/08/10 Page 5 of 10 P 4 7 ITEM NUMBER A-5 DATE 06/22/10 2 Adopt Draft Resolution B ordering the levy and collection of assessments for fiscal year 2010/2011 for Street and Storm Drain Maintenance District No 02 -Woodridge (Las Lomas) ►` 3 Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 02 - Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2010/2011 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No 02 -Woodridge (Las Lomas) [Administrative Services] Ex Parte Communications None Administrative Services Director Rachelle Rickard gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Council Member Beraud and seconded by Council Member Kelley to 1 Adopt Draft Resolution A approving the final Engineer's Report regarding the Street and Storm Drain Maintenance District No 02 - Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto for fiscal year 2010/2011 2. Adopt Draft Resolution B ordering the levy and collection *10i of assessments for fiscal year 2010/2011 for Street and Storm Drain Maintenance District No. 02 - Woodridge (Las Lomas). 3. Adopt Draft Resolution C approving the final Engineer's Report regarding the Landscaping and Lighting District No 02 - Woodridge (Las Lomas), and the levy and collection of annual assessments related thereto in fiscal year 2010/2011 4 Adopt Draft Resolution D ordering the levy and collection of assessments for fiscal year 2010/2011 for Landscaping and Lighting District No 02 - Woodridge (Las Lomas). Motion passed 5.0 by a roll-call vote. (Resolution No. 2010- 048, 049, 050, & 051) 4 Title 8 Building Code Text Amendment - Dormant Building Permit Applications Time Extensions Program Follow-up Report - Phase III Option ■ Ex Parte Communications ■ Fiscal Impact: It is likely that between 25%-50% of the $374,000 in outstanding plan check fees will be collected with the Phase III extension program CC Draft Action Minutes of 06/08/10 Page 6of10 P48 ITEM NUMBER A- 5 DATE. 06/22/10 ■ Recommendations. City Council introduce for first reading by title only, Draft Ordinance A to create a Phase III Dormant Building Permit Application program consistent with staff's recommendations [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT The following citizen spoke on this item Grant Robbins-Representative of Dove Creek property owner Mayor Fonzi closed the Public Comment period. MOTION By Mayor Pro Tem O'Malley and seconded by Council Member Clay to introduce for first reading by title only, Draft Ordinance A to create a Phase III Dormant Building Permit Application program consistent with staff's recommendations, with the following amendment. The existing Phase I program will be extended to 12 months. Motion passed 5.0 by a roll-call vote. C MANAGEMENT REPORTS 1 Project Update (Not a Public Hearing) PLN 2009-1341 CUP 2009-0244 / RAB 2010-0019 - Conditional Use Permit for a 10 Screen Movie Theater / Retail / Restaurant building - Request to Summarily Vacate a Portion of Atascadero Mall Ave. and EI Camino Real - 6320 - 6490 EI Camino Real (Hoff/Wysona) ■ Fiscal Impact: No fiscal impact, informational item ■ Recommendation. City Council receive and file this project update report. [Community Development] Community Development Director Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT None There was Council consensus to direct staff to include Main Street in the parking review Mayor Fonzi asked for a copy of the 2006 parking study MOTION By Council Member Kelley and seconded by Mayor Pro Tem O'Malley to receive and file the report. Motion passed 5.0 by a roll-call vote. CC Draft Action Minutes of 06/08/10 P 4 9 Page 7 of 10 ITEM NUMBER A- 5 DATE. 06/22/10 2 Resolution Supporting the Protection of Whales by Opposing the Resumption of Commercial Whaling as Proposed by the International Whaling Commission ■ Fiscal Impact. None ■ Recommendation. Council adopt the Draft Resolution supporting the protection of whales and opposing the resumption of commercial whaling and ten-year quotas for gray whales as propose by the International Whaling Commission [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council Council Member Beraud submitted petitions signed by high school students (future voters) with 111 signatures supporting the resolution before the Council tonight (Exhibit A) PUBLIC COMMENT The following citizens spoke on this item Marty Brown, David Broadwater, Thomas McGee, Richard Smith, Mandy Davis Mayor Fonzi closed the Public Comment period. Council Member Clay stated that there are many causes out there, and he does not feel the City should be supporting causes that do not affect Atascadero MOTION By Council Member Beraud and seconded by Mayor Pro Tem O'Malley to adopt the Draft Resolution supporting the protection of whales and opposing the resumption of commercial whaling and ten-year quotas for gray whales as propose by the International Whaling Commission Motion passed 41 by a roll-call vote. (Clay opposed) (Resolution No. 2010-052) 3 General Municipal Election - November 2, 2010 ■ Description. The City Council must adopt resolutions to initiate the election process and to combine Atascadero's election with the County ■ Fiscal Impact: The cost to the City for an election in November 2010 is determined by the number of registered voters on Election Day and the number of Candidate Statements included in the Voter Pamphlet The City Clerk's estimate is $18,000 00 with an additional $2,000 00 for the ballot measure ■ Recommendations. Council adopt 1 Draft Resolution A, calling for the holding of a General Municipal Election to be held on Tuesday, November 2, 2010 for the election of certain officers as required by the provisions of the laws of the State CC Draft Action Minutes of 06/08/10 Page 8 of 10 P 5 0 ITEM NUMBER A-5 DATE. 06/22/10 of California relating to General Law cities, and for the submission to the voters questions relating to the election of Mayor; and, 2 Draft Resolution B, requesting the Board of Supervisors of the *AW County of San Luis Obispo to consolidate a General Municipal election to be held on November 2, 2010 with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code, and, 3 Draft Resolution C, setting priorities for filing written arguments regarding the City measure and directing the City Attorney to prepare an impartial analysis, and, 4 Draft Resolution D, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections [City Clerk] City Clerk Marcia McClure Torgerson gave the staff report and answered questions from the Council PUBLIC COMMENT None MOTION By Mayor Fonzi and seconded by Council Member Clay to 1 Draft Resolution A, calling for the holding of a General Municipal Election to be held on Tuesday, November 2, 2010 for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law cities, and for the submission to the voters questions relating to the election of Mayor, and, 2. Draft Resolution B, requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal election to be held on November 2, 2010 with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code, and, 3. Draft Resolution C, setting priorities for filing written arguments regarding the City measure and directing the City Attorney to prepare an impartial analysis, and, 4 Draft Resolution D, providing for the filing of rebuttal arguments for City measures submitted at Municipal Elections. Motion passed 3.2 by a roll-call vote. (Beraud & Kelley opposed) (Resolution No. 2010-053, 054, 055, & 056) 4 Potential Municipal Code Revisions -- Issues and Options -- PLN 2010- 1364 (City of Atascadero) ■ Fiscal Impact: Minor fiscal impact to City The proposed code text amendment will be prepared by City staff Code text amendments that encourage economic development will create a positive fiscal impact to the City ■ Recommendation. Council provide general direction to staff for preparation of a draft Municipal Code amendment. [Community Development] CC Draft Action Minutes of 06/08/10 Page 9 of 10 P 51 ITEM NUMBER A-5 DATE. 06/22/10 Community Development Director Warren Frace gave the staff report and answered questions from the Council PUBLIC COMMENT None The Council sorted through the 16 potential Code amendments listed in the staff report and divided them into 3 tiers 1, 11 and Ill Tier 1 #1, 3, 5, 9, 10, 11, 12, 15 Tier 11 #2, 4, 8 Tier 111 #6, 7, 14, 16 COUNCIL ANNOUNCEMENTS AND REPORTS None D COMMITTEE REPORTS None E. INDIVIDUAL DETERMINATION AND/ OR ACTION 1 City Clerk a. Modified Format for City Council and Commission Minutes i The Council and Commissions will have Action Minutes from now on With the advancement of technology, such as the videotaping 1-00r of meetings, and the economic constraints on the City, Action Minutes will be adequate and meet all legal requirements and will create less of an impact on staff b The Nuts and Bolts of Running for an Elected Office i Notification of an upcoming workshop for potential candidates F ADJOURNMENT Mayor Fonzi adjourned the meeting at 9 35 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk/Assistant to the City Manager The following exhibit is available for review in the City Clerk's office Exhibit A—Petition submitted by Council Member 136raud concerning the Whaling Resolution CC Draft Action Minutes of 06/08/10 Page 10 of 10 P 5 2 ITEM NUMBER A- 6 DATE 06/22/10 rdn�r rrr: . w r ilia' ❑c z r �9ye r7 . CAI Atascadero City Council Staff Report - City Manager's Office Memorandum of Understanding for Service Employees International Union, Local 620 RECOMMENDATION Council approve a Memorandum of Understanding (MOU) authorizing no changes to salaries or benefits for the Service Employees International Union (SEIU) Local 620 DISCUSSION The current Memorandums of Understanding for the Atascadero Police Association (APA), Service Employees International Union Local 620 (SEIU), Atascadero Professional wr Firefighters Local 3600 (APFA) and the Mid-Management/Professional Employees Association (MMPEA) expire on June 30, 2010 New MOUs have now been approved for all employee groups except SEIU Negotiations with SEIU have been completed and the new MOU between the City and SEIU for a one-year term is attached (Attachment A) THE MOU calls for no changes to salary or benefits and is consistent with the approved MOUs with the other employee groups FISCAL IMPACT THE MOUs have no changes and therefore no additional impact to the budget. ATTACHMENT Memorandum of Understanding for the SEIU Local 620 P 53 MEMORANDUM OF UNDERSTANDING BETWEEN THE LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER AND CITY OF ATASCADERO July 1 , 2010 thru June 30, 2011 P54 ARTICLE I - GENERAL PROVISIONS ,%W SECTION 1.1 PREAMBLE This Memorandum of Understanding is made and entered into between the City of Atascadero, hereinafter referred to as the "City" and the Local 620 Service Employees hiternational Union Atascadero Chapter,hereinafter referred to as the"Union"pursuant to California Government Code Section 3500, et seq and the City's Employer - Employee Relations Policy The purpose of this Memorandum of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of employment. The City and Union agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race, creed, color, sex, age, national origin,political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU, it shall be understood to include the feminine gender SECTION 1.2 RECOGNITION a. The City of Atascadero recognizes the Union as the recognized and exclusive representative for the following classifications. • Account Clerk 1 0 Finance Technician Specialist • Account Clerk 11 • GIS Analyst I • Senior Zookeeper • Administrative Assistant 6 Inspector a System Administrator III • Administrative Secretary • Maintenance Leadworker 0 Technical Trainer 11 • Administrative Support • Maintenance Worker I • Technical Support Assistant • Maintenance Worker 1I Specialist • Assistant Planner • Office Assistant 1 • WWTP Operator I • Associate Planner • Office Assistant II 0 WWTP Operator II • Building Maintenance • Office Assistant III 9 WWTP Operator III Specialist • Permit Coordinator • WWTP Operator in Training • Building Inspector 1 • Planning Technician • Zoo Education Curator • Building Inspector II • Public Works Technician • Zoo Facilities Maintenance • Building Inspector III • Recreation Coordinator Technician • Bldg Insp/Plans Examiner • Registered Veterinary • Zookeeper I • Central Receptionist Technician 0 Zookeeper II • Engineering Technician 1 • Senior Planner • Engineering Technician II • Senior Technical Support b This recognition is exclusive of management employees,confidential employees and temporary employees c. The City agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation under the Meyers-Milias-Brown Act(Government Code Section 3500, et seq), and as provided under the City's Employer-Employee Relations Policy SEIU MOU 2010 2011 Page i P 5 5 SECTION 1.3 SEVERANCE a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement. b In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful or unenforceable, the City and the Union agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU SECTION 1.4 SOLE AGREEMENT a. The City and the Union agree that to the extent that any provision addressing wages,hours,and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof,this MOU shall prevail. b If,during the term of the MOU,the parties should mutually agree to modify amend,or alter the provisions of this MOU in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Union. Any such changes validly made shall become part of this MOU and subject to its terms SECTION 1.5 FULL FORCE AND EFFECT a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the Meyers-Milias-Brown Act,including those set in this MOU,shall remain in full force and effect during the term of this MOU unless changed by mutual agreement. b The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Union. SECTION 1.6 GENERAL PROVISIONS The parties agree to meet and confer with respect to any subject or matter within the scope of representation upon request. Provided, however, that any changes which fall within the scope of representation shall be by mutual agreement. Except as set forth in this Memorandum of Understanding, and unless the Union agrees to reopen negotiations on a particular bargaining subject,the parties agree that there shall be no changes during the life of this MOU in the wage rates,benefits,or other terms and conditions of employment subject to the meet and confer process. SEIU MOU 2010 2011 Page 2 NOW P 56 In the event any new practice, subject or matter arises during the term of this agreement which is within the scope of representation and an action is proposed by the City,the Union shall be afforded Now all possible advance notice and shall have the right to meet and confer upon request. In the case of an emergency and, in the absence of an agreement on such a proposed action, the City reserves its lawful management rights to take any action(s)deemed necessary and the Union reserves its rights to take any lawful action deemed necessary 'Nrr SEW MOU 2010 2011 Page 3 P57 ARTICLE II -RESPECTIVE RIGHTS SECTION 2.1 UNION RIGHTS The Union shall have the following rights and responsibilities a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b Reasonable use of one bulletin board at each work site for employees covered by this MOU c The right to payroll deductions made for payments or organization dues and for City approved programs. d The use of City facilities for regular,normal and lawful Union activities,providing that approval of the City Manager or his/her designee has been obtained. e Reasonable access to employee work locations for officers of the Union and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements. f The City will give reasonable notice to the Union if it intends to contract out the functions currently performed by employees within the Unit. Upon request, the City will meet with the Union to explain the reason for the decision to contract out and to solicit Union views on the Iwo proposal Nothing in this Section shall be construed to limit the rights of the City Council to contract out work in its sole discretion. g. Agency Shop/Fair Share. The City shall notify the union when employees are newly assigned into the unit. The notice shall include the employee's name,Department and division and the date of entry into the unit. Employees transferred or hired into the unit subsequent to the effective date of an Agency Shop/Fair Share approval shall have thirty days from the date of their entry into the unit to comply with its terms Unless a unit employee has. a)voluntarily submitted to the City an effective dues deduction request, b) individually made direct financial arrangements satisfactory to the Union as evidenced by notice of the same from the Union to the City; or c) qualified for exemption upon religious grounds as provided below,upon notice from the Union the City shall process a mandatory agency fee payroll deduction in the appropriate amount and forward that amount to the Union. SEIU MOU 2010 2011 Page 4 P 58 The amount of the fee to be charged shall be determined by the union subject to applicable law;and shall therefore not exceed the normal periodic membership dues,initiation fees,and general assessments applicable to union members. As to "core" fee-payers, the agency fee charged shall not reflect expenditures which the Courts have determined to be non-chargeable. The union shall comply with applicable law regarding disclosure and allocation of its expenses and notice to employees of their right to object and pay only the"core fee" The Union shall make available an administrative appeals procedure to unit employees who object to the calculation of the "core fee" Such procedure shall provide for an impartial decision by a representative of the State Mediation& Conciliation Service(SMCS) Such appeals may be consolidated and shall be heard not less often than once per year A copy of such procedure shall be made available upon request by the Union to unit employees The City shall promptly remit to the Union all monies deducted under this Article, accompanied by a list of employees for whom such deductions have been made. The City shall make every reasonable effort to distribute to each new employee in the unit a letter, supplied by the union, which describes the agency fee obligation. Any of the above-described payment obligations shall be processed by the City in the usual and customary manner and time frames utilized for dues deductions. Employees on an unpaid leave of absence or temporarily assigned out of the unit for an entire pay period or more shall have agency shop fees suspended. Fee deductions shall have the IkW same priority as dues deductions in the current hierarch for partially compensated pay periods Religious Exemption from Agency Fee Obligations a) Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to meet the above agency fee obligations, but shall pay be means of mandatory payroll deduction an amount equal to the agency fee to a non-religious,non- labor charitable organization exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code,as designated by the employee from a list provided by the Union showing authorized deduction agencies as agreed upon between the City and the Union. b) To qualify for the religious exemption the employee must provide to the Union, with a copy to the City, a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The Union will implement the change in status within thirty days or alternatively,notify the employee and the City that the requested exemption is not valid. SEW MOU 2010 2011 Page 5 P 59 SECTION 2.2 CITY RIGHTS a. The authority of the City includes, but is not limited to the exclusive right to determine 'we the standards of service, determine the procedures and standards of selection for employment and promotion, direct its employees, take disciplinary action for "just cause",relieve its employees from duty because of lack of work or for other legitimate reason, maintain the efficiency of governmental operations, determine the methods, staffing and personnel by which governmental operations are to be conducted,determine the content of job classifications, take all necessary actions to carry out its mission in emergencies, exercise complete control and discretion over its organizations and the technology of performing its work,provided,however,that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage,hours and other terms of employment. SECTION 2.3 PEACEFUL PERFORMANCE a. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero Union agrees that under no circumstances will the Union recommend,encourage,cause or promote its members to initiate,participate in,nor will any member of the bargaining unit take part in,any strike, sit-down, stay-in, sick-out,slow-down,or picketing(hereinafter collectively referred to as "work-stoppage) in any office or department of the City, nor to curtail any work or restrict any production, or interfere with any operation of the City In the event of any such work stoppage by any member of the bargaining unit,the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work stoppage has ceased b In the event of any work stoppage,during the term of this MOU,whether by the Union or by any member of the bargaining unit, the Union by its officers, shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized,and further direct its members in writing to cease the said conduct and resume work. Copies of such written notices shall be served upon the City If in the event of any work stoppage the Union promptly and in good faith performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted or encouraged such work stoppage,the Union shall not be liable for any damages caused by the violation of this provision. However,the City shall have the right to discipline,up to and including discharge,any employee who instigates,participates in,or gives leadership to,any work stoppage activity herein prohibited,and the City shall also have the right to seek full legal redress, including damages, against any such employees. SEIU MOU 2010 2011 Page 6 P60 SECTION 2.4 RESPECTIVE RIGHTS The parties agree that during the term of this agreement,upon a request by either party,they shall reopen negotiations on changes to the Personnel Rules and Regulations Provided, however,that the City shall not modify the Personnel Rules and Regulations subject to meet and confer without mutual agreement. SEIU MOU 2010-2011 Page 7 Nair' P61 ARTICLE III - - HOURS OF WORK AND OVERTIME SECTION 3.1 HOURS OF WORK `400 a. Work Period The normal work period shall be seven(7)days with a maximum non-overtime of forty(40) hours. b Shift Change Notification The City shall give employees reasonable,but at a minimum, a 72-hour notice of routine shift changes Emergency shift changes shall be made on an as needed basis. c Rest Periods Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each four (4) hours worked Insofar as practical rest period shall be in the middle of each work period. Rest periods cannot be used in conjunction with meal periods,nor may rest periods be taken during the employee's first or last hour of work. Any employee required to work more than sixteen (16) hours within a twenty-four hour period shall be entitled to an eight hour rest period prior to returning to work. If any portion of the eight-hour rest period occurs during the employees' regularly scheduled work hours the employee shall receive normal compensation for that time This section shall not apply in the case of emergencies d Missed Rest Periods and Mealtime Regular fifteen-minute rest periods are paid time,therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not taken. SECTION 3.2 OVERTIME a. Rate Overtime, shall be compensated at the rate of time and one-half the regular rate of pay All overtime shall be recorded and paid in the following manner- 1 to 15 minutes, overtime compensation—1/a hour 16 to 30 minutes, overtime compensation—'/2 hour 31 to 45 minutes, overtime compensation—3/a hour 46 to 60 minutes, overtime compensation— 1 hour SE1U MOU 2010 2011 Page 8 P62 b Hours Paid Overtime shall be paid after forty(40)hours worked in a work period. Paid time off shall be considered time worked for overtime purposes c. Compensatory Time (CT) Notwithstanding the provisions of this section,employees may be granted CT for overtime credit computed at time and one-half at the mutual convenience of the City and the employee.Employees may accumulate a maximum of eighty(80)hours in their CT account. d. Scheduling Compensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. SECTION 3.3 CALLBACK PAY Employees who are called to duty at a time they are not working, and not on standby duty, shall be compensated a minimum compensation of two (2)hours at time and one-half rate of pay SECTION 3.4 STANDBY TIME a. Employees assigned standby duty shall receive thirty-five dollars($35 00)for each day of standby duty b Call-out While on Stand-by Employees who are called to duty at a time they are not working shall be compensated a minimum of two (2)hours at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes,or two hours straight time whichever is greater SECTION 3.5 PATCHING/PAVING WORK The City shall make a reasonable attempt to schedule patching work during days/times when temperatures are not expected to exceed 100 degrees. It is mutually understood that employees working with paving contractors must adhere to the contractors' work schedules. SEW MOU 2010 2011 Page 9 err P63 ARTICLE IV - PAY PROVISIONS SECTION 4.1 SALARY This one (1) year agreement shall provide for no salary increases in this period. The followina monthly salaries shall remain in effect. rU rl K - Account Clerk 1 2,678;99 2,812,94 2,953.57 3,101.27 3,256.31 Account Clerk 11 2,953.58 3,101.28 3,256.31 3,419 13 3,590.10 Administrative Assistant 3679.87 3,863.85 4,057.04 4,259.85 4,472.87 Administrative Secretary 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 Administrative Support Assistant 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 Assistant Planner 3,863.85 4,057.06 4,259.87 4,472.87 4,696.50 Associate Planner 4,472.90 4;696.54 4,931 35 5,17790 5,436.78 Building Inspector 1 3,863.85 4,057.06 4,25987 4,472.87 4,696.50 Building Inspector 11 4259 92 4,472.90 4,696.51 4,931.34 5117790 Building Inspector/Plans Examiner 4,36378 4,581 97 4,811 07 5,05161 5,304 19 Building Maintenance Specialist 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 Central Receptionist 2,953.58 3,101.28 3,256.31 3,419 13 3,590.10 Engineering Technician 1 3,101.28 3,256.32 3,419 13 3,590.10 3,769.58 Engineering Technician I1 31504.63 3,679.87 3,863.83 4,057.03 4,259:85 Finance Technician 3,679.87 3,863.85 4,05704 4,259.85 4,472.87 GIS Analyst 1 4,155M 4,363.78 4,581.96 4,81 1.07 5,051.61 Inspector 3,863.85 4,057.06 4,259.87 4,472.87 4,696.50 Maintenance Leadworker .4,057 06 4,25992 4,472.88 4,696.50 4,931.34 Maintenance Worker I 2,74596 2,883.26 3,02741 3,178.77 3,33772 Maintenance Worker II 3,101.28 3,256.32 3,419 13 3590.10 3,769.58 Office Assistant 1 2,551 40. 2,678.99 2,812.93 2,953.57 3,101.27 Office Assistant II 2,812.94 2,953.58 3,101.27 3,256.31 3,419 13 Office Assistant III 2,953.58 3,101.28 3,256.31 3,419 13 3,590.10 Permit Coordinator. 3,02744 3,178.81 3,33773 3,50460 3,679.83 Recreation Coordinator 3,504.63 3,679.87 3,863.83 4,057.03 4,259.85 Registered Veterinary Technician 3,0 2744 3,178.81 3,33773 3,504.60 3,67983 Senior Planner 5,177.94 5,436.85 5,708.63 5,994.08 .6,293 78 Senior Technical Su rt.S cialist . 3,863.85 4;057.06 4,259.87 4,472.87 4,696.50 SEIU MOU 2010 2011 Page 10 v P64 Senior Zookeeper 3,590.11 3,769,59 3,958.06 4,155.97 4,36377 i111�r Systems Administrator 111 5,177.94 5,436.85 5,70$.63 5,994 08 6,293.78 Technical Support Specialist 3,178.81 3,33775 3,50461 3;679.83 3,863.82 Technical Trainer 11 3;679.87 31.863.85 4,057.04 4,259.85 4,472.87 WWTP Operator 1 3,33775 3,50463 3,679.86 3,863.82 4,057.03 WWTP Operator 11 3,679.87 3,863.85 4105704 4,259.85 4,472.87 WWTP Operator III 41057.06 4,259.92 4;472.88 4,696.50 4,931.34 WWTP Oper4,tor. in Training 2,953.58 3,101.28 3,256.31 3,419.13 3,590.10 Zoo Education Curator 2'812.94 2,953.58 3,I01.27, 3,256.31 3,41913 Zoo.Facilities Maintenance Tech. 2,745.96 2,883.26 3,02741 3,178.77 3,33772 Zookeeper I 2,745.96 2,883.26 3,027 41. 3,178.77 1 3,33772 Zookeeper11 3,101.28 3,256.32 3,41913 3,590,10 j 3,769.58 SEW MOU 2010-2011 Page I i P 6 5 a. Movement between steps shall be at twelve-month intervals and subject to satisfactory performance The initial step movement after hiring,however, shall be after twelve months or • after completion of probation,whichever occurs later Employees may receive step increases at a period of less than twelve (12) months upon recommendation of the department head and approval of the City Manager b An employee who is promoted shall receive a salary increase of at least one step (5%) Therefore, the employee shall be placed on step"A",or that step which produces at least a one step salary increase. c. The parties agree that the salary survey jurisdictions for unit classifications under this M.O U shall be the cities of Arroyo Grande,Atascadero,Grover Beach,Morro Bay Paso Robles,Pismo Beach,and San Luis Obispo An updated salary survey will be provided to SEIU in April,2011 SECTION 4.2 EDUCATION INCENTIVE PAY a. Employees shall be reimbursed up to $400 00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade SECTION 4.3 RETIREMENT a. Effective November 2003,the City began paying and reporting the value of Employer Paid Member Contributions (EPMC) as described in Resolution No 2003-058 ,ter+' b Effective July 1, 2007, employees are provided retirement benefits through the California Public Employees Retirement System (CalPERS) pursuant to the 2.5% @ 55 formula, including the One Year Final Compensation (Section 20042) and Credit for Unused Sick Leave (Section 20965) benefits. The City will pay 5.85% of the employee contribution of eight percent(8%) Employees will pay the remaining 2.15%of the employee contribution. SECTION 4.4 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight (8) hours per month There is no limit to the accumulation. b Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus. The Stay Well Bonus will be implemented as follows. 1 The sick leave pay-off will occur during the 52-week period beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has accumulated and maintained 384 hours sick leave SEW MOU 2010 2011 Page 12 P66 2 Once the eligibility requirements have been met,an employee may opt to receive a pay-off *A,,,,,. equal to one-third(1/3)of the unused annual allotment of sick leave. (The annual allotment is 95 94 hours) Checks will be prepared by December 15 of each year 3 In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days accumulation for eligibility to receive the incentive payoff for that year c In any calendar year, an employee may use accrued sick leave, up to the amount earned during six months of employment,to attend to the illness of a child,parent,or spouse of the employee In extenuating circumstances,sick leave to be used for dependent care may be requested by the employee to their Department Head,who shall make a recommendation to the City Manager for final approval. SECTION 4.5 VACATION LEAVE a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after completion of the required years of service as follows Years of Service Accrual Rate Less than 3 years 10 days/yr or 3 08 hrs/pp 3 years completed 12 days/yr or 3 69 hrs/pp 5 years completed 14 days/yr or 4.31 hrs/pp 7 years completed 16 days/yr or 4 92 hrs/pp 1*16W 9 years completed 18 days/yr or 5.54 hrs/pp 11 years completed 20 days/yr or 6 15 hrs pp The above schedule is based on full-time employment. Regular part-time employees shall receive vacation accrual on a pro-rated basis. b Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations. c. It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head subject to the needs of the City SEIU MOU 2010 2011 Page 13 *1W P67 SECTION 4.6 HOLIDAYS (a) The City shall recognize the following days as official City holidays *4 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 a. Each unit member employed by the City as of January 1st of each year shall be eligible for one floating holiday (8 hours) Accrual shall be pro-rated for employees in permanent part-time positions Floating holidays must have prior department approval and shall be consistent with the efficient operation of the department. The floating holiday may be used between January I and December 31 of each year b All employees who are covered under this contract and are required by their supervisor to work on a City holiday shall be paid time and one-half I''Vi their base hourly rate for the hours worked on the holiday,plus compensation for the holiday "' SECTION 4.7 BEREAVEMENT LEAVE Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death of his/her spouse,child,step-child,parent,grandparent,grandchild,son-in-law, daughter-in-law, mother-in-law, father-in-law, brother, sister brother-in-law, sister-in-law or significant other SECTION 4.8 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken. SEIU MOU 2010 2011 Page 14 P68 SECTION 4.9 WORK GLOVES low The City shall continue to provide employees with leather palmed work gloves The City shall issue regulations establishing reasonable standards for provision of the gloves,replacement of gloves,and the maximum number of gloves made available during any fiscal year SECTION 4.10 WORK SHOES The City shall contribute One-Hundred and Forty-five($145.00)Dollars per fiscal year for the purchase of appropriate footwear to employees in the following positions • Building Maintenance Specialist • Building Inspector I, ll,III • Building Inspector/Plans Examiner • Inspector • Maintenance Leadworker • Maintenance Worker I&IIRegistered Veterinary Technician • Senior Zookeeper • WWTP Operator I, II, III • WWTP Operator-in-Training • Zoo Facilities Maintenance Technician • Zookeeper I& II Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. SECTION 4.11 SAFETY GLASSES The City shall provide safety glasses and safety prescription glasses, in compliance with OSHA standards,for those employees required to wear them. Maximum reimbursement shall be$250 00 As approved by the Department Head, the City shall replace prescription glasses as needed due to prescription changes or if the glasses are damaged while being used in the course of duties. If the glasses are damaged due to the negligence of the employee, he/she shall be required to pay the replacement cost. The employee is responsible for obtaining necessary prescriptions. SECTION 4.12 COMPUTER PURCHASE The City agrees to develop an Employee Computer Purchase Program. The City agrees to allow employees to purchase hardware and work-compatible software using the City's government discount. All costs shall be the responsibility of the employee. SEIU MOU 2010-2011 Page 15 %w P69 SECTION 4.13 CERTIFICATION The City shall continue its practice of providing reasonable work time and payment for obtaining/maintaining job-related certifications Travel expenses will be paid pursuant to Section VII of the City's Purchasing Policy Prior Department Head approval is required. SEW MOU 2010 2011 Page 16 P70 ARTICLE V - HEALTH AND WELFARE SECTION 5.1 HEALTH INSURANCE COVERAGE a. For unit members who elect to have"Family"coverage, the City shall pay a total of$1,055 53 per month toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and dependents for the term of this agreement. City shall pay for increased costs to medical,dental,vision and life insurance premiums for the employee and fifty percent(50%)of increased costs for dependents based upon HMO plan costs b For unit members who elect to have `Employee +1" coverage, the City shall pay a total of $959 82 per month toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and dependent for the term of this agreement.City shall pay for increased costs to medical,dental,vision and life insurance premiums for the employee and fifty percent(50%) of increased costs for the dependent based upon HMO plan costs c. For unit members who elect to have "Employee Only"coverage, the City shall pay an amount not to exceed$783 17 per month toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee for the term of this agreement.City shall pay for increased costs to medical, dental vision and life insurance premiums for the employee based upon HMO plan costs. Available funds remaining from the City's contribution toward insurance coverage shall be paid to an employee hired on or before September 1,2000 as additional compensation. This amount shall not exceed$240 56 per month. d. The City shall provide term life insurance coverage for each employee in a total amount of thirty thousand ($30,000) during the term of this agreement. e. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of one thousand($1000)dollars per dependent during the term of this agreement. f The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units (as designated by the bargaining unit)and one from the City The Committee shall regularly review the health plan and study health insurance issues including,but not limited to, Health Maintenance Organizations (HMO's), cost containment, etc. and make recommendations to the City Manager g. Flexible Benefits Plan. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions The plan will enable an employee to on a voluntary basis, cover additional out of pocket premium expenses for insurance through pretax payroll dollars. h. State Disability Insurance — The City shall provide State Disability Insurance as a payroll deduction of each employee State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SEIU MOU 2010 2011 Page 17 P71 SECTION 5.2 UNIFORMS The City shall provide uniforms to Unit employees and replace them on an as needed basis,for those ''4 ,01 employees required to wear uniforms. Jackets will be included as part of the uniform provided. SECTION 5.3 PROBATION The probationary period for newly hired employees shall be twelve months The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine(9) months of service. SEIU MOU 2010-2011 Page 18 1440 P72 ARTICLE VI - CLOSING PROVISIONS NOW SECTION 6.1 TERM The term of this MOU shall commence on July 1, 2010 and expires June 30, 2011 SECTION 6.2 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives X I - M SEIU Date SEI Date M—u Date SEIU Date SEIU Date SEIU Date CITY OF ATASCADERO Roberta Fonzi Date Wade McKinney Date Mayor City Manager APPROVED AS TO FORM Brian Pierik Date City Attorney SEIU MOU 2010 2011 Page 19 P73 P74 ITEM NUMBER A-7 DATE. 06/22/10 cdr'r1' r n fir° \�5(`ADF,ROj Atascadero City Council Staff Report - Administrative Services Department Historic City Hall Rehabilitation Project — Package 3 Architecture & Engineering Services RECOMMENDATION Council authorize the City Manager to amend the contract with Pfeiffer Partners Architects, Inc , for Architecture and Engineering Services in the amount not to exceed $560,000 for Package 3, plus $40,000 for reimbursables DISCUSSION On May 11, 2004, Council authorized the City Manager to execute a contract with Pfeiffer Partners Architects, Inc (at that time known as Hardy Holzman Pfeiffer Associates) The contract was for architectural services to repair the Historic City Hall building after the San Simeon Earthquake The breadth and scope of the architecture and engineering (A & E) services for each phase of the Project has been dependent on the outcome of previous A & E work. Because of this, Council awarded Pfeiffer Partners a contract for the entire project, but only negotiated and approved an amount for the first portion of the contract. Each subsequent phase of work has been negotiated, the scope and amount for the work brought back to Council for approval, and the contract amended Staff has now negotiated both the scope and amount for the final phase of the Architecture and Engineering services and is requesting authorization to move forward with this final phase of work. History The original phase of the contract was for preparation of a damage assessment and rehabilitation plan The plan identified the damages caused by the San Simeon Earthquake, and included the generalized repair plan to rehabilitate the building to its pre-earthquake condition The report laid the foundation for all of the work to come, and was the basis for the City's Public Assistance claim to the Federal Emergency Management Agency (FEMA) P 7 5 In July of 2008, Council authorized an amendment to the original Pfeiffer Partners contract to design the FEMA-funded Repair and Hazard Mitigation work, also referred to as Package 1 and Package 2, respectively FEMA regulations require the City to clearly segregate the FEMA-funded rehabilitation work from the repairs that will be City-funded The FEMA-funded work, as discussed in the February 23, 2010 staff report, is broken down into two categories, "Repair" and "Hazard Mitigation " Construction drawings and designs have been completed for Packages 1 & 2, and have been submitted to the City's Building Department for plan check review As communicated in the April 27, 2010 staff report, the City is now ready to have the design services started for the City-funded work, also known as Package 3 Package 3 work includes all of the items that are not being included in either the FEMA Repair scope of work or the FEMA Hazard Mitigation scope of work, but are necessary in order to reoccupy the building Included are items such as • Design and construction of the interior spaces to ensure effective use of the building and retention of the historic fabric This work includes demolition, floor and ceiling plan revisions, design of interior spaces, and security and lighting systems • Code upgrades included emergency exiting, stairwells, elevator upgrades, ADA improvements, toilet counts and fire emergency related issues • Code impacts related to the location of the Council Chamber on the fourth floor • Mechanical, electrical and plumbing work, including the heating, ventilation, and air conditioning (HVAC) system • Return of the landscape to 2003 • Restoration of historic elements that are being funded by the California Cultural and Historical Endowment (CCHE) grant. The funds for the proposed contract amendment totaling $600,000 are included in the existing Project budget. In the event that a redesign of the electrical system becomes necessary, Pfeiffer Partners has already provided the City with an estimate for the design of $16,000 A redesign is not anticipated, but if it becomes necessary, a change order will be proposed In either case, the Project team is confident that the Project can be completed within the proposed budget. The proposed budget, as indicated in the February 23, 2010 staff report, is listed below P76 Historic City Hall Rehabilitation Projected Uses and Sources As of February 23, 2010 PROJECTED USES Phase I Construction $ 1,467,000 $ 1,876,000 $ - $ 3,343,000 Phase II Construction 9,446 000 10,327,000 - 19,773,000 Phase III Construction - - 5,000,000 5000,000 Hazardous Materials M igation 920,000 260,000 130,000 1 310 000 Construction Management, Inspection, and Permitting 1,090,000 1,220,000 2,810,000 Architecture & Engineering 2,110,000 2,360,000 5,070,000 Contingency 2,180,000 2,440,000 1,000,000 5,620,000 Total Expenses (17,213,000) (18,483,000) (7,230,000) (42,926,000) PROJECTED SOURCES FEMA Funding 17,213,000 10,825,491 - 28,038,491 CCHE Funding - 1,638,375 361,625 2,000,000 Projected Redevelopment Funding $ - $ 6,019,134 $ 6,868,375 $ 12,887,509 err► In 2004, a total of seven architecture firms submitted proposals for the Project. Pfeiffer Partners was chosen due to their extensive experience with historic un-reinforced masonry buildings, experience with working with FEMA/OES/SHPO, their proposed approach to the project, their understanding of the project, and demonstrated professional competence Pfeiffer Partners has two offices, one in Los Angeles and one in New York City, and is known internationally as one of the premier architecture and design firms Principal Stephanie Kingsnorth is heading up the Historic City Hall A&E team, and has previously completed such projects as the UCLA Men's Gym, the UCSB Library, and the Los Angeles City Library FISCAL IMPACT. The fiscal impact for Package 3 of the Architecture and Design Services for the Historic City Hall Project will be $600,000 of budgeted funds Funding for this contract is included in the $43 million budget presented to Council on February 23, 2010 ATTACHMENT Proposal from Pfeiffer Partners Architects, Inc P77 P78 Attachment 1 PF IFFER PARINERS DycH1m-MB+IrAe m.ownug June 10,2010 M&Rachelle Rickard City of Atascadero Administrative Services Finance Director 6907 EI Camino Real Alascadero,CA 93422 Re: .Atascadero City Hall Package 3 Professional Services Proposal—Pfeiffer Partners Job#5961.00 Dear Rachelle: Na iorl Flegfk,4 FAWN Thank you for the opportunity,to present the following proposal for professional services related to Package 3 for Atascadero ,*M�?AD*Gath City Hall. The FEM funded portions of the work,Packages 1 and 2,were submitted to the City in August and October 20D9 M11 1i Mwtay„va and are currently to Uae plan checklpermilting process. Package 3 will include the design for the scope of work that FEMA has sreMMw E(r510h denied in addition to CC14E funded restoration work and optional upgrades requested by the City It has been agreed that the S7*ireM Lngcrr Murme optional upgrade items Wll be designed and included in the dxtrmenisas additive alternates instead of base bid items in Elephame Ari order to give the City the mDst flexibility in order to meet the desired construction and pro)ed budget. Scope of Service Per our discussions,the scope of work is fisted belmv. 1.Interior TI(Programming impacts) Demolition Drawings ,%W Revised Floor Plans Revised Ceiling Pians Interior Elevations Finish Plans Finish List MEP Design Lighting Design Security Design 2 Cade Upgrades Spririder System Exiling(Assembly Occupancy on 4,r10 Residential) oStair#t enclosure o8tair#1 egress directly to exterior Frre Ratings Related to Egresss oDoors owalis oCedings Fee Resistive Construction oVettical Shafts oPenelrafions Toilet cowl at fourth floor ADA • 811 Lh'ES777H STREET #17H FLOOR 0 LOSAI,IGELES,CX.L6:0VAA 40017 s 7 :13.624.2775 •}273.805.".A.23 +-wnw.prcitls+�arinv::com 100 VANDAM M55 0 SUITE SIB ♦ NEW YORK„NFN YORK 10013 + T 212.,25.2911 + t 212.625.2306 P79 Attachment 1 Page 2 `rlll� oElevalor(removal of existing and replacement including enlarging elevator shaft( o Site Parking Exiting and emergency fighting 3.MEP Mechanical system replacement o'Systern Options oMechanical Plant oSustainabilitty oLife Cycle Cost Analysis abperating&Maintenance Casts Cellirg Impacts due to mechanical Code upgrades Electrical system and fire alarm evaluation&possible replacement depending on outcome of evaluation. Replacement design included as an additional service above thebaso,fee. 4.Restoration Items((Dote—Aside from the first two items,all items will be designed as additive altemates so that d bids come in low,the City can take advantage of the funds they have and do additional restoration items) Eno door replacement(CCHE Funded) Parapet balustrade replacement(CCH E Funded) Light boxes at rotundas Reopening overlooks into toner rotunda htisc.exterior deferred maintenance Items not covered by FEMA scope Landscape restoration 5.Return of Landscape to 2003 Cost estimating is not pail of this proposed scope of%York and will be performed by Bernards under a separate contract with the City 'rrrlf� Proposed Schedule In order to maintain tate project schedule,the design phase of work for package 3 I proposed to be undertaken in a four month time period. Due to the compressed schedule,there will be only tNo submissions to the City for review. Tl-*first submission will be half way through the design process and will be labeled as 513%Construction Documents. The second will be 100%Construction Documents which will be the package of work that will be submitted to the City for permitting Per our discussions,it is our understanding that construction for Package 2 and Package 3 will run concurrently Proposed Fee Based on this information and the scope of work,the proposed fixed fees and estimated reimbursable expenses for the prosect are outlined below. Basic Services includes structural engineering,mechanical,electrical and plumbing engineering,and materials conservation. Special Consultants include landscape architecture,ale consulting,and acoustical consuftirmj Reimbursable expenses are in addition to Basic Services arid krdude transpodatkm In connection with the project,authorized out-of--[coon travel and subsistence,reproductions,plots,standard form documents,postage,handling and delivery of instruments of service;requested renderings,models,and mock-ups;and other similar direct project related expenditures. Reimbursable expenses will be billed at costpius 10%for administrative costs. A proposal for Civil EnginmNng has not been iinckrded as there is currently no scope of work related to Civil. tf the need for a Civil Engineer arises during the design process,we will submit and additional services request. P80 Attachment 1 Paye 3 1%W Coristrtxforl Budget $5,,OOD,000 Basic Service Fee Basis 610.6% Basic Service Fes 523,400 SRecial Consultant 36,600 TOTAL FLED FEE $56000 Estiumled Reimbursable Eypenses $40,000 Electrical S Fire Alar Design Additional Service 596,000 Please tet me know i1 you have:any gwstions about any d the aiwe in farra9afon, A fee breakdrnvn by fkrn is aftadted to this Mr. We IDok forward to continuing our wvl<on the building and to getting the City back into the building in 2013,they Centennial of the City of Atascadero. Best regards, Steoarlie Mpnorth,AIA Principal Cc Norrrw Pfeiffer FAIR Steve Epstein PAR NIRS P81 Attachment 1 Atascadero City Hall Fee Proposal Package 3-City Funded Firth Discipline Total Pfeiffer Partners ,Arch 235.000 NYASE Structural 23,500 WJE Materials 05,000 Davidovich MEP '155,000 MEP Testing '15,000 TBD Civil 0 Horton Lees Lighting 0 Schirmer Code '18,200 Bernards Cost 0 RRM Landscape '14,900 Rothermel Acoustics 3500 TRC Spec 10,000 Lerch Bates 'Vert Trans 19,300 TBD Hardware 0- P82 ITEM NUMBER A-8 DATE 06/22/10 ■ f / A rt 1918 � 1979 .I CAD � Atascadero City Council Staff Report - Community Development Department Second Reading Title 8 Building Code Text Amendment Dormant Building Permit Applications Time Extensions Program Phase III RECOMMENDATION Council introduce for second reading by title only, Draft Ordinance A to create a Phase III Dormant Building Permit Application program REPORT-IN-BRIEF The City Council held a hearing and introduced the Phase III Dormant Building Permit Program for first reading on June 8, 2010 As amended by the Council, the Phase III will include the following components • Phase I For projects that participated in the Phase I dormant application program, existing permits are extended to June 30, 2011 Each permit will be subject to a $150 processing fee to cover the cost of staff time Starting July 1, 2011, Phase I permits must be revised to meet the 2011 building code • Phase II For projects that are in Phase II, existing permits are extended to December 31, 2011 These permits plans must be revised to the current building code and all outstanding fees must be paid prior to issuance 1%W P83 ITEM NUMBER A-8 DATE 06/22/10 Summary of Phase III Permit Extension Program Time Frame Phase I Permits Phase II Permits • All outstanding plan check • Deferred outstanding plan fees had to be paid check fees • All plans must be brought Expires June 30, up to current code 2010 July 1, 2010 to June . Phase I permits may be • Deferred outstanding plan 30, 2011 issued check fees • $150 processing fee • All plans must be brought up to current code • $150 processing fee July 1 to . All Phase I and II permits must be brought up to the 2011 December, 31, 2011 building code • All outstanding plan check fees must be paid • $150 processing fee January 1, 2012 . All permits expired • Outstanding plan check fees turned over for collections FISCAL IMPACT It is likely that between 25%-50% of the $374,000 in outstanding plan check fees will be collected with the Phase III extension program ATTACHMENTS Attachment 1 Draft Ordinance A Modifying Title 9 Section 105 3.2 3 P84 ITEM NUMBER A-8 DATE. 06/22/10 Attachment 1 Draft Ordinance A DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 8 OF THE ATASCADERO MUNICIPAL CODE BY REPLACING SECTIONS 8-2.102(C) AND 8-2.102(E) OF THE LOCAL BUILDING CODE The City Council hereby finds and declares as follows WHEREAS, the National, State and local economy have experienced a significant economic downturn from 2007 to 2010, and, WHEREAS, this economic downturn has had a considerable negative effect on the construction industry, especially the local residential construction sector; and, WHEREAS, the City of Atascadero now has a backlog of over 250 building permit applications for new residential and commercial projects with outstanding plan check fees of over$374,000, and, WHEREAS, the building code requires building permit applications to be deemed abandoned after 180 days of inactivity; and, WHEREAS, the City Council determined that mit was in the economic interests of the City of Atascadero to provide relief to the construction industry by extending the permit extension deadlines, and, WHEREAS, the City Council has approved a Phase I and Phase H Dormant Permit Extension Program that will expire on June 30, 2010, and, WHEREAS, the City Council directed staff to prepare a Phase III Dormant Permit Extension Program code text amendment that would provide an addition time extension to inactive building permit application. P 85 ITEM NUMBER A-8 DATE. 06/22/10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1 Section 8-2.102(c) of the Atascadero Municipal Code is amended to read as follows 105.3.2. Time limitations of application. (a) 4, Expiration of Plan Review Applications for which no permit is issued within 180 days following date of notification of approval/ready for issuance by the Building Division, or applications within 180 days following date of notification of permit corrections to be picked up or returned, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee No extension is allowed except by written appeal to the Building Official The Building Official is authorized to grant one extension of time for an additional period not exceeding 180 days No application shall be extended more than once (b)-2,Fee refund Application fees and permit fees are assessed to cover the cost of providing permit issuance services and therefore are not refundable once service has been obtained. A full refund (100%) can only be given when a cancelled application was submitted and/or reviewed due to staff error Refunds for cancelled applications will not include submittal fees, document imaging fees, and plan review fees (once a plan review has been completed) Refunds must be requested in writing and within one (1) year of application submittal date Refunds for cancelled permits will include up to 80% of the permit fee, provided no work has commenced and the request for refund is within one (1) year from permit issuance Refunds must be requested in writing and within one (1) year of permit issuance. Refunds will not be processed for applications and/or permits that have been suspended or revoked, or that have expired due to limitation. „1. Dormant building per-wAt applieation one time only blanket extension-. ion. a� tens( ll 1 n� l-i�--aczurt36n—tA tl}8--�33�ic zircca-ror6n—urr6�Yc —&eC-�i6n-zv��. .�., uf3y h .1,1,,,.E f,e,-.-,-,.t ., .heatfen for- ew single fafMla .,. .,y side nee r,n malt' ., ,� family r-esidenee, new eemmereialor- nElust fi l building, or- a c_nmmernizl rl t 1 addition, submitted to the Cit, of At.,sc.a e.-a or- hofs t h n 2008may t t � ne time only applioat on_emene o. r., vcPccrirvcr .��-v �pc-iir�v-crorr�.. „J YY ,.�.,. �., P 86 ITEM NUMBER A- 8 DATE 06/22/10 order- t b eensider-ed for- this all ,tst.,„,1,.,gbuildi pefflut VAW 1 eheek fees must two paid in full a or- before 1~„1„-.,.,, 28 7009 „rl an), subsequent building pemiA mgulated by this program must be paid fef in full d sued on -vrbefore june-3n, 2010. Any, bu l.l,u o...0 appheatfon or- subsequent building peffnit Fegulated by this program that does not meet all tiFfieffames indieated in this seetionwill be Ganeelled and beeeme null and s appheation, new plans, and u pl., ..heek and pe ,t fa (c). Phase III - 2010 Dormant Building Permit Application Extension Program. In addition to the processing timeframes provided for in Section 105.3.2.1, all dormant permit applications currently covered in Dormant Permit Application Programs Phase I and Phase 1I shall be provided application extensions consistent with the following. 1 Phase I_ Building Perrmt Applications that are included in the Phase I Dormant Building Permit Application Extension Program, have paid all outstanding Plancheck fees to the City, but have not received building permits by June 30, 2010 are allow an extended deadline until June 30, 2011 to issue a building_pemut provided a $150.00 processing fee is paid at time of pernut issuance. Phase I permits that are not issued by June 30, 2011 are extended to December 31, 2011 provided that prior to issuance, (1) all outstanding_plan check fees are paid (2) a $150.00 processing fee is paid and (3) building construction plans have be revised to meet the current Building Code requirements. 2. Phase H. Building Permit Applications that are included in the Phase H Dormant Building Permit Application Extension Program permits are extended to December 31, 2011 provided that prior to issuance, (1) all outstanding plan check fees are paid (2) a $150.00 processing fee is paid, and (3) building construction plans have be revised to meet the current Building Code requirements. 3. All Dormant Building Permit Applications that have not been issued by December 31 2011 will become null and void, and all unpaid fees for services rendered will be due to the City of Atascadero is full. SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in �lirr P87 ITEM NUMBER A-8 DATE. 06/22/10 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 -400 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote AYES NOES ABSTAIN ABSENT ATTEST CITY OF ATASCADERO By- 1400Marcia McClure Torgerson, C.M C , Roberta Fonzi, Mayor City Clerk APPROVED AS TO FORM Brian Pienk, City Attorney P88 ITEM NUMBER B - 1 DATE. 06/22/10 1918 1979 i City Council Agenda Report Staff Report — Public Works Department Placement of Sewer Service Charges on the 2010-2011 Property Tax Rolls RECOMMENDATION Council adopt the Draft Resolution, adopting service charges to be added to the 2010- 2011 property tax rolls DISCUSSION City Ordinance provides for the collection of sewer service charges on the general County tax bills Charges have been collected in this manner since the County Sanitation District was dissolved in 1984 The attached resolution has been prepared to accomplish the necessary collection through the 2010-2011 property tax bills There is no increase in the sewer service rates A Notice of Public Hearing has been published noticing this action The relevant area of discussion during the public hearing is whether or not the property owner is responsible for all or any portion of the sewer service charge that is listed on Exhibit A of the Draft Resolution Any questions or concerns received during the public hearing should be referred to staff for resolution prior to submitting the charges to the County Auditor by the July 23, 2010 deadline FISCAL IMPACT The City will bill $1,740,334 24 in sanitation service charges for Fiscal Year 2010-2011 ATTACHMENTS Draft Resolution P89 Attachment 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING SERVICE CHARGES TO BE ADDED TO THE 2010-2011 PROPERTY TAX ROLLS WHEREAS, the City Council of the City of Atascadero (hereafter referred to as City Council) has duly held a public hearing concerning the addition of the 2010-2011 service charges to the 2010-2011 property tax bills, and, WHEREAS, due notice was given to the public in accordance with Section 5473 of the Health and Safety Code, and, WHEREAS, at said hearing the attached report marked "Exhibit A" containing such charges was duly received by said council, and, WHEREAS, at said public hearing opportunity was given for filing objections and protests and for presentation of testimony of other evidence concerning same, and, WHEREAS, it is in the public interest that this body adopt the charges and determine and confirm the report presented at the hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows Section 1 That the recitals set forth hereinabove are true, correct and valid. Section 2. That the City Council hereby adopts the service charges set forth on the attached report marked "Exhibit A" which is hereby expressly incorporated herein by reference as though here fully set forth, and the City Council hereby determines and confirms the report containing such charges as set forth in said "Exhibit A" and hereby further determines and confirms that each and every service charge set forth in said report is true and accurate and is in fact owed. Section 3 That the charges as so confirmed and determined and adopted shall appear as separate items on the tax bill of each parcel listed in said report, and such charges shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected, and are subject to the same penalties in the same procedure and sale in case the delinquency is provided for such taxes Section 4 The City Clerk shall file a certified copy of this resolution and said Exhibit A with the County Auditor upon its adoption Section 5 This resolution is approved by at least a two-thirds vote of said Council P90 On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the followJng vote AYES NOES ABSENT ADOPTED ATTEST CITY OF ATASCADERO Marcia McClure Torgerson, C.M.0 Roberta Fonzz City Clerk Mayor '%r APPROVED AS TO FORM. Brian A. Pienk,City Attorney Iftw P91 EXHIBIT A Due to the length of this document, it has not been reproduced as an attachment, however, it may be reviewed in the office of the City Clerk. •..ry P92 ITEM NUMBER B -2 DATE 06/22/10 leis � is CADO� Atascadero City Council Staff Report — Public Works Department First Reading Title 7 (Public Works), Chapter 8 Municipal Code Text Amendment for the Fats, Oils and Grease Program (City of Atascadero) RECOMMENDATION Council introduce for first reading by title only, Draft Ordinance A to adopt Fats, Oil and Grease Program modifications to Title 7 (Public Works), Chapter 8 of the Municipal Code REPORT-IN-BRIEF The project consists of a proposed Municipal Code Text Amendment to portions of Title 7, Public Works The proposed text updates consist of minor amendments for consistency and clarification of the code, including the following 1 Fats, Oils and Grease Code amendments as required by the adopted Sanitary Sewer Management Plan. Situation and Facts 1 Applicant: City of Atascadero 2 General Plan Designation Citywide 3 Zoning District Citywide 4 Environmental Status Exempt from CEQA (Section 15061 (3) Review for Exemption, not a project P93 ITEM NUMBER B -2 DATE. 06/22/10 DISCUSSION 140# The recently adopted Sanitary Sewer Management Plan (SSMP) included provisions for the implementation of a Fats, Oils and Grease Program While the current Municipal Code addresses "Prohibited Discharges" in Title 7 (Public Works), Chapter 8, additional language is needed to implement an enforceable FOG Program The attached ordinance adds proposed code text that addresses specific topics such as 1 General maintenance requirements 2 Best Management Practices (BMPs) 3 Record keeping requirements 4 Right-of-Entry for inspection purposes 5 Compliance with the City's adopted Sanitary Sewer Management Plan (SSMP) In March of this year staff made a presentation to the City Council highlighting the FOG program and notified the City Council of the beginning of the educational phase of the program Staff has already held successful outreach meetings with many local businesses The FOG program will continue to evolve over the next few years Staff will bring back ; to the City Council updated SSMP provisions specific to the Fats, Oils and Grease Program implementation The update will include recommendations as to the detailed provisions of the program with respect to determinations of non-compliance, violations and enforcement remedies The emphasis of the FOG program will continue to be to work cooperatively with local restaurants and Food Service Establishments (FSEs) to reduce grease in the wastewater system The proposed Municipal Code provisions will provide staff the needed authority to effectively work with the local FSEs to implement the program FINANCIAL IMPACT The FOG program is staffed with a single full-time employee in the current 2009-2011 budget, and is funded through the wastewater fund As the program evolves and is further implemented, staffing levels and program funding will be monitored and modified as needed ATTACHMENTS Attachment 1 Draft Ordinance A P94 ITEM NUMBER B -2 DATE. 06/22/10 ATTACHMENT 1 Draft Ordinance A-Code Text Amendment DRAFT ORDINANCE A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AMENDMENTS TO TITLE 7, CHAPTER 8 OF THE PUBLIC WORKS MUNICIPAL CODE TO INCLUDE PROVISIONS FOR A FATS, OILS AND GREASE CONTROL PROGRAM (Citywide/City of Atascadero) The City Council hereby finds and declares as follows WHEREAS, the City of Atascadero (6907 El Camino Real, Atascadero CA 93422), desires to consider Public Works Code Text Amendments regarding the implementation of the Fats, Oils, and Grease Program, and, WHEREAS, in light of the evidence that Fats, Oils and Grease (FOG) are a primary cause of Sanitary Sewer Overflows (SSOs), the City desires to implement a FOG Control Program to prevent SSOs, and, WHEREAS, the California Plumbing Code, applicable to all occupancies in the State 1%Wpursuant to the California Building Standards Law, requires the installation of grease traps or interceptors when in the opinion of the Building Official waste pretreatment is required, and, WHEREAS, the findings indicate that a FOG Control Program is required for Food Service Establishments (FSEs) within the City's jurisdiction to comply with waste discharge regulations and prevent the harmful effects of SSOs, and, WHEREAS, the regulations adopted herein will require existing Food Service Establishments to install grease control devices or interceptors no later than two years from the effective date of this Ordinance, and the City Council finds that two years is a reasonable amortization period for existing Food Service Establishments that are operating without a grease control device or grease interceptor; and, WHEREAS, the City finds that enforcement provisions must be adopted to govern discharges of wastewater to the City's wastewater system by FSEs, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Public Works Municipal Code Text Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Public Works Municipal Code Text Amendments, and, 'Arra P 9 5 ITEM NUMBER B-2 DATE. 06/22/10 WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on June 22, 2010, studied and considered said text amendments NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1. Findings for Approval of a Public Works Municipal Code Text Change. The City Council finds as follows 1 Public Works Municipal Code Text Changes are consistent with General Plan policies and all other applicable ordinances and policies of the City 2 This Amendment of the Public Works Municipal Code will provide for the orderly and efficient protection of the wastewater collection and treatment system where applicable. 3 The Text Change will not, in itself, result in significant environmental impacts SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on June 22, 2010 resolved to introduce for first reading by title only, an ordinance that would amend Title 7 (Public Works), Chapter 8 of the City Municipal Code text as follows Chapter 8-PROHIBITED DISCHARGES 7-8.001 Storm water, etc.prohibited No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewers (Ord. 438 § 2 (part), 2004) 7-8.002 Regulated discharge. Swimming pools may be discharged into the sanitary sewer system upon issuance of a permit to do so and shall be performed in a method and at a time approved by the City Engineer (Ord. 438 § 2 (part), 2004) 7-8.003 Other prohibited discharges designated. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers (a) Any gasoline,benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas that has a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees Celsius (60°C)using the test methods specified in 40 CFR 26121, (b) Any waters or wastes containing toxic, infectious, or poisonous solids, liquids or gases in sufficient quantity, either singularly or by interaction with other wastes, to injure or interfere with any waste-water treatment process or constitute a P 9 6 ITEM NUMBER B - 2 DATE 06/22/10 nuisance or hazard to humans, animals, the local environment, or create any hazard in the r hazardous condition to occur in the sewage system, (c) Any waters or wastes having a pH lower than 5 5 or higher than nine (9), or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel or the wastewater treatment and collection system, (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater treatment collection works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground garbage, paper materials such as newspapers, dishes, cups, milk containers, and meat processing plant wastes such as animal skins, intestines, fleshings, and paunch materials retained on a screen having eight (8) meshes per inch each way; (e) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F), (f) Any water or wastes which may contain more than one hundred (100) parts per million, by weight, of fat, oil, grease, or wax, (g) Any waters or wastes containing suspended solids or oxygen demanding pollutants of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant, (h) Any noxious or malodorous gas or substance capable of creating a public nuisance, (i) Any water added to a wastewater discharge for the sole purpose of dilution as a means to achieve compliance with any pretreatment standard or local limit, 0) Any waters or wastes containing any radioactive materials or wastes of such half-life or concentration that they do not comply with regulations issued by appropriate authorities (Sections 30285 and 30287 of the California Code of Regulations), and (k) Any waters or wastes containing color which is not removed in the ordinary wastewater treatment plant process (Ord. 438 § 2 (part), 2004) 7-8.004 Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for the private living quarters of dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be located so as to be readily and easily accessible for cleaning and inspection. (Ord. 438 §2 (part), 2004) P97 ITEM NUMBER B -2 DATE 06/22/10 (a) Maintenance Requirements. Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor which includes wastewater, accumulated FOG, floating materials, sludge and solids. (b) Best Management Practice Requirements. All FSEs shall implement Best Management Practices in accordance with the requirements and guidelines established by the City under its FOG Control Program in an effort to rmnnruze the discharge of FOG to the sewer system. Employees of all FSEs shall be trained by ownership/management penodically in BMP which may include (but not limited to). 1. How to dry wipe pots,pans, dishware and work areas before washing to removerg ease. 2. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dnpped. 3. How to properly dispose of grease or oil from cooking equipment into a grease receptacle such as a barrel or drum without spilling_ 4. Use of proper water temperatures to mimrrmerg ease fir' blockages downstream. 5. Record keeping. (c) Record Keeping Requirements. The FSE shall keep all manifests (if provided), receipts and invoices of all cleaning, maintenance, grease removal of/from the grease interceptor, disposal carver and disposal site location for no less than three years. The FSE shall, upon request, make the manifests,receipts and invoices available to any City representative, or inspector. These records may include. 1. A log book of Grease Interceptor, Grease Trap or grease control device cleaning and maintenance practices. 2. A record of Best Management Practices being implemented including employee training. 3. Records of sampling data and sludge height momtonng for FOG and solids accumulation in the Grease Interceptors. 4. Records of any spills and/or cleaning of the lateral or sewer system. P98 ITEM NUMBER B -2 DATE 06/22/10 ,,. 7-8.005 Pre-treatment facilities. Where pretreatment of discharge is required by the City, the necessary facilities shall be provided, operated and maintained at the user's expense. Detailed plans showing the facilities and their operating procedures shall be submitted to the City for review Such plans must be acceptable to the City before construction is begun. Any changes in the pretreatment facilities or method of operation must be reported to and approved of by the City prior to implementation of the proposed changes Operational difficulties or failures of pretreatment facilities shall be reported immediately to the City (Ord. 438 § 2 (part), 2004) 7-8.006 Control manhole. When required by the City, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and flow measurement of the discharge. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times (Ord. 438 § 2 (part), 2004) 7-8.007 Measurements and tests. All measurements, tests and analyses of the characteristics of water and wastes shall be determined by the testing procedures specified in 40 CFR Part 136 When required by the City, the industrial user shall provide safe and secure access to the proper sampling point for the determination of compliance with federal categorical standards and/or local discharge limits This may require the installation of a control manhole as described in Section 7-8 006 All testing shall be performed by an approved laboratory and conducted at the expense of the discharger (Ord. 438 § 2 (part), 2004) (a) Right of Entry. Inspection and Sampling 1. The City personnel and/or other authorized representatives of the City shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this Ordinance or order issued hereunder. Users shall allow the City ready access to all parts of the premises for the purposes of inspection sampling records examination, and the performance of any additional duties. 2. Should a User have security measures in force which require proper identification and clearance before entry into its premises the User shall make necessary arrangements with its security guards so that upon presentation of suitable identification, the City will be permitted to enter without delay for the purposes of performing specific responsibilities as set forth above. P99 ITEM NUMBER B -2 DATE. 06/22/10 3. The City shall have the right to set up on the User's property, or require installation of, such devices as are necessary to conduct sampling ,fir and/or metering of the User's operations. 4. Any temporary or permanent obstruction preventing safe and easy access to the facility area to be inspected and/or sampled shall be promptly removed by the User at the written or verbal request of the City and shall not be replaced. The costs of clearing such access shall be borne by the User. 5. Unreasonable delays in allowing the City access to the User's premises shall be a violation of this Ordinance. 7-8.008 Compliance with City's Sanitary Sewer Management Plan (SSMP) All persons discharging to the City wastewater system shall be subject to, and comply with, the current City Council approved policies, provisions, and best management practices contained within the City's Sanitary Sewer Management Plan. The adopted SSMP may be amended from time to time, as recommended by the City Engineer, by resolution of the City Council. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of 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 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote 140 P 100 ITEM NUMBER B -2 DATE. 06/22/10 vaw AYES NOES ABSTAIN ABSENT CITY OF ATASCADERO By- Roberta Fonzi,Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS TO FORM Brian A. Pienk, City Attorney P101 wry P 102 ITEM NUMBER C- 1 DATE, 06/22/10 CMAUADj Atascadero City Council Staff Report - City Manager's Office Response to San Luis Obispo County 2009-2010 Grand Jury's Electing City Treasurers and Clerks Report RECOMMENDATION Council approve the City's formal response to the 2009-2010 San Luis Obispo County Grand Jury's report entitled, "Electing City Treasurers and Clerks Wise or Otherwise?" and direct the City Manager to forward the response to the presiding judge and Grand Jury DISCUSSION The County Grand Jury has issued a report entitled, "Electing City Treasurers and Clerks Wise or Otherwise?" concerning the value and appropriateness of electing versus appointing City Clerks and Treasurers in general law cities in San Luis Obispo County The report includes six recommendations The Grand Jury has requested the City of Atascadero provide formal responses to five of the six recommendations and the related findings The Grand Jury's report and associated draft responses were discussed briefly during the May 11, 2010 Finance Committee Meeting At that time, staff was directed to prepare a draft formal response for Council comment, review, and approval Staff will update the draft response as directed tonight by Council and submit the final response to the Presiding Judge and Grand Jury, as required, by July 29, 2010 FISCAL IMPACT. None ATTACHMENTS Attachment 1 Grand Jury Report entitled, "Electing City Treasurers and Clerks Wise or Otherwise?" Attachment 2 Response Letter to the Presiding Judge and Grand Jury 4W P 103 Attachment 1 ELECTING CITY TREASURERS AND CLERKS WISE OR OTHERWISE? SUMMARY The Grand fury investigated the value and appropriateness of electing(vs.appointing)city cletU and treasurers in general law cities in San Luis Obispo County We determined that Atascadcro has been lax in adhering to state government code requirements and that their elected treasurer shows little interest in the financial oversight responsibilities that are part of his job. The elected treasurer in Paso Robles is fully qualified and attentive to the discharge of his duties. In Arroyo Grande,the elected treasurer is it clerk who simply deputizes her boss in the city manager's office to actually do the job. We find this arrangement presents potential problems. In all three cities the elected city clerks are regular full-time city employees. They either perform their legally defined tasks themselves or deputize another city employee to do so on their behalf in the three cities the elected clerks and treasurers are paid stipends ranging from$5 to$6(K.l per month. In addition they are entitled to health care benefits that can be substantial. If,however, the elected clerk or treasurer is also a full-time city employee,those health care benefits are already covered. 2009-2010 San Luis Obispo Counts,Grand Jury Page I `w0 P104 Convincing the electorate of the three cities to make Ihcsc jobs appointive might,if appropriate safeguards were established at the sante time,improve efficiency and in the case of citti treasurers clarify oversight responsibilities. PROCEDURE • Elected city treasurers and clerks were interviewed.as were two appointed city treasurers. State laws governing the establishment and duties for those positions were reviewed. • City ordinances prescribing the pay and duties of those positions were studied. • Investment policies and financial holdings of the three cities as well as other cities were reviewed. • Background and data related to those posts were collected from the League of California Cities and statewide associations for city clerks and treasurers. NARRATIVE fir'' Candidates for the offices of city treasurer and city clerk often run for office unopposed. All three cities with elected treasurers and clerks have benefited by having city staff rncinbers who live within the city boundaries run and.win those offices. Where that occurs,the s}stern tends to function well and the cities avoid paying health benefits for elected office holders.1 Tbis strategy 1 The Cali16tnitt A•tuniciput tsw Handbook states: 'Bcnctits. A city nuty provide hcnitb and welfare hcnefit.y,such my ntedicnt.dental and life insurance.to memtx:rs of its city council. Cal.Gov't Code§$53200 51210. Noy Airtountts paid by a city for rodretwra,health and welfare,and foderal social security benefits tyre not subject to the wlary limits in the Government Code `provided tate%,anic henctits Are avallahte and paid by the city for its cmptoyccs. Cal.Gov't Code 136516tc),sec 8.3 Cal.Op.Ali C,t n, Ila(20011);89 Cat.ftp.Att y Gcn.147(2(9)6) taddressiog cash in-licit payments for waived benefits). 2009-2010 San Luis Obispo County Grand Jury Cage 2 P105 also allows the cities to Comply with a State law that requires elected officials to live within the city City employees who may he deputized to actually perforin some or all of the treasurer or city clerk functions are not required to livee in the city City treasurers and clerks are elected in more than a third of California cities. The League of California Cities, in its latest available tracking,counted 146 cities with elected city clerks and 174 with elected treasurers. Tbere are 368 general law cities governed by state codes requiring thein to have either clecte4 or appointed city clerks and treasurers, A limited number of incorporated cities in the state,including;San Luis Obispo,operatic tinder a voter-approved charter that determines whether these positions arc filled by election or appoin(ment. City clerks maintain city records and make theta available to the public They perform under publicscrutiny Man of the clerks'duties arc prescribed by laws governing open rnectiitgs, public records and election procedures. A city treasurer s functions arc less obvious to the general public. Public disclosure of financial reports varies from city to city Current monthly reports of receipts,disbursements,and fund balances are often unavailable on city wet)sites though sotne of the cities in this report may be changing their practice in lhat. 'Treasurers are required by statute to prepare these reports and file them with the city council. The investment policies that.govern a treasurer's action are not always kept up to date or posted on the web. And a city's annual financial report that is to be prepared for the state controller and published for the public s benefit within.120 days of the end of the fiscal year is often difficult to find. A fall.audits statement of the city's financial position often takes six months or more to produce and rnay,or may not,he made available to the public on the city s web site. In additirm.California Oovernn cat Cute atction 36317 pntvidv8 that the city clerk and the city treasurer shalt receive,at&taml titles,a 'compensation fixed by ordinance or resatutiou. Th"cforc,it is up to the city council w set the compensation for this clerk and treasurer. 2(109-2010 San Luis Obispo County Grand Jury Page 3 ti P 106 The specific dirties of a city treasut.rcr as established in state law include--in addition to complying with all laws governing the deposit and securing of public funds issuing only those checks signed by legally designated persons,snaking a tnonthly report to the city clerk that accounts for all receipts,disbursements and fund balances,and tiling a copy of that report with the city council, The treasurer rttay also collect taxes prescribed by ordinance. Signtticanlly state law allows an elected treasurer to deputize a city employee to perform the treasurer's duties. When a city employee runs for these offices,that candidate often runs unopposed. When a city employee wins the job,this arrangement can give a city mana€er discretionary powers over the elected official—whether those powers are exercised or not. While electing a city staff mernberas clerk or treasurer may wive the cily'stoney on health benefits,it also creates the questionable situation in which the elected official is at once an employee responsible to a city manager or other executive and an elected officer responsitile to the eiectorate at tfue ballot box Under t.bese circumstances poterutitd conflicts of interest are inherent. There are reasons to be especially concerned nbout the practice of electing city treasurers. Any citizen who is a resident of the city can nun for the office,without possessing any particular qualifications. If a candidate with an agenda markedly at odds with the city council and city manager -one will)little commitment to professional investing,for example were to will many millions of city dollars could be al risk or alternatively tied up in a dispute over power State law gives the treasurer supervisorial and monitoring powers over the city s finances. In all three cities voters have been asked to snake the clerks and treasurers appointed rather than elected officials and have turned that request(town,presumably so the voters would have a more direct say in city management. But ironically,when these folks are elected but concurrently serve as city employees,it could be difficult for them to function aS independent public watch dogs. In Arroyo Grande,the elected treasurer appoints her boss to do the job to which she(the employee)was elected. 2004-2010 San Luis Obispo County Grand Jury Pale A '11111110, P 107 1490, Following is a description of the various ways elected treasurers and city clerks function in San Luis Obispo County- Arroyo Grande The Arroyo Grande treasurer perforins none of the functions of the job She had served as an accounting clerk for two years when the city manager retluesled she run for city treasurer in 2008 because the city's director of finance could not tun. She did not live in the city The accounting clerk agreed to stand for that office,which pays$5 a month. No one tiled against her In Arroyo Grande that year no general election was held for any of the city offices because only one person filed for each position up for election:mayor and city council member,city clerk.and city treasurer Given that circumstance,state law specifies Hutt the city council can appoint rill candidates to office without holding art election. The Arroyo Grande treasurer who retrains it payroll clerk earning in the range of S40,t100- $48,000 a year iinmediatrly appointed the city s director of financial set-vices as deputy city treasurer. She(the payroll clerk)received little or no briefing about her on-going re_sixtnsibilities as city treasurer The finance director performs all of the duties of the treasurer and oversees the staff that helps with these duties which generally require important technical skills and knowledge. This is in accordance with the city's detailed investment policy which is reviewed annually by the city council. Virtually all of the city's ongoing funds--approxintatedy$18 million which may,go up or down as the city's bills;come due--are invested in the state- operated local Agency investment Fund which currently pays about one:percent(I%)in annual interest and allows the city to move money in orout of the fund on a daily basis. The city investment policy states that 'to protect against fraud or embezzlement or losses caused by collapse of tin individual securities dealer,all securities owned by the city shall be held in safekeeping by a third party bank trust department. The current city clerk was hired by the city in 1999 to serve its deputy city clerk;ran unopposed for the post in 20004 and,as the only candidate,was appointed city clerk:in 2008. As a city employee she is paid about$85.000 a year and holds the title of director of legislative and 2009-20113 San Luis Obispo County Grand Jury Page 5 P 108 information services.Her staff helps her perfortu all of the state prescribed functions of city clerk. By city ordinance,an elected treasurer who was not an employee of the city would be paid only $5 a month,but would also receive city paid health benefits,which aree valued at about$12MM a year. An elected city clerk,who was not a city employee,would be paid only$25 a month and would receive the same health benefits. Today the city saves the coast of those benefits because the positions are currently held by persons who already receive health benefits as vinployces. Both office holders now intend to rust for re-elec(ion in 2012. Atasoadero The elected city treasurer in Alascadero►s an.independent office holder He runs his own tax and financial planning business and signs off on financial relx)rts prepared by the city staff The reports tire supposed to be.prepared monthly but that does)) i always occur The last of those reports that could be summoned Froin the citv's web site is from March 2008. An unsigned copy Of such a repot?for September 2W9 was provided to the Grand Jury *1W. The Ataseadere City Council's approves!.investinenl policy slates back to 2006. It calls for the oversight of investments to be conducted by the city manager II)c director of ad.tninistrative services and the treasurer. The city ntnintains a safekeeping trust account for paperwork and processing investments. All three of the officials with oversight duties can access the money in that account. Atascadero s elected treasurer has not deputized tiny city staff"members to yerform the functions required of hien by law The elected treasurer invests city funds in certificates of deposit. He is paid$2(X)a month plus health benefits which are valued at about SUM a year The treasurer was first elected to the post in 2002 and re-elected in 2006,running unopposed both times. lie will be up for election again in 2010 and is not expected to run for re-election. Me initially ran for the job to help assure that no candidate who aright interfere with city operations was elected. 20094010 San Luis Obispo County Grand Jury Page 6 mar►' P 109 Atascadero s elected treasurer was managing investments of about$9 million in certificates of deposit,$924,000 in government securities and 325.8 million in Local Agency Investment Funds in September 2009 according to a report prepared by the city finance department. The director of administrative services,although not deputized,oversees the rest of the city s funds,most of which are invested to the state s Local Agency Investment Fund. The remainder of the city s $37.2 million was held in cash accounts,according to the monthly report provided to the Grttnd Jury Neither the city council nor the city manager meet every three months with the ti-rsurer as the council s investment policy prescribes. Nor does the treasurer attend city council meetings. When first elected,the treasurer attended some training conducted by a statewide association on municipal finance,but has not recently participated in any such session. fie is not currently conversant with state laws prescribing appropriate city investments though he is aware that most of the city's money is invested in the respected Local Agency Investment Fund. The Atascadero City Clerk operated a private secretarial service when she was appointed to the city clerk position in November 1996. She then was elected without apposition in 1998,2002 and 2006 She plans to run for re-election in 2010. She was paid$200 a month for performing the clerk's ceremonial duties when first elected,and a staff member in the city manager s office handled most of the paperwork. But that arrangement soon changed,and she was hired to fill a frill-time city staff position while continuing to perform the city clerk functions. ller staff title is administrative assistant to the city manager. She is now paid more than 578.000 a year for her work,which includes handling the job of city clerk. She continues to receive a$200 monrhly stipend for being elected city clerk. Paso Robles The city of Paso Robles has a veteran investment officer serving as its elected city treasurer lie was first elected in 1988 and served in that capacity while on the city etnff as director of administrative services. Ile retired from his city job in 2007 but continues to serve as the elected 2009-2010 San Luis Obispo County Grand Jury Page 7 ,Moe P 110 treasurer lie was most recently reelected in 2008. As a city staffer tie received no pay or extra benefits as treasurer but,under a 1999 voter-approved ordinance,as an independent city treasurer he is paid the same$600 a month received by city council members along with health benefits worth about$9,6(X)a year The.Paso Robles treasurer actively manages a portfolio that had a market value of just over 567 million at the end of August 20(19 At that time,surae 38 percent.or about 525.6 million,was invested in the Local Agency Investment Fund. Another 43.6 percent(about$29.2 million was in federal agency coupon securities,and 13.2 percent(about$8.8 million)of the portfolio was in government housing bonds. Bank certificates of deposit were 2.7 percent(about S 1.8 million)of the portfolio,and smallercategoriesincluded medium term notes and misectlancous coupon securities. The city-council-adopted investment policy specifies arrangements for safekeeping institution but allows some accounts to be held by the city alone The treasurer currently plans to seek re-election in 2012. Paso Robles elected city clerk is paid 5120,000 a year for his staff position as the city s maintenance set-vices superintendent in charge of streets,city buildings and the city vehicle fleet. v His pay as city clerk is zero and he receives no additional money for health benefits. A clerk who was not a city employee would make$600 a month and the city would pay for health benefits. in luso Robles the elected city clerk retains the rights and duties of the office,but deputizes the assistant city manager and secretaries in the community development and police departments to perform the functions of the office The deputy city clerk position is vacant and the elected clerk contributes by attending council meetings and paving more attention to the clerk s tasks. Cather general law cities In Grover-Beach,Morro Bay and Pismo Beach the city treasurers are appointed. The city's chief financial officer is named to that post and designated to perforin the state-required duties. 2004-20t0 San Luis Obispo County Grand Jury Page.8 P 111 CONCLUSIONS By law,elected city treasurers playa limited but important role in the oncoing financial health of general law cities in San Luis Obispo County In fact,their approaches to the job vary significantly In Arroyo Grande,the treasurer has delegated her job without knowledge of its responsibilities. In Atascadero,the treasurer s oversight effort is negligible. in Paso Robles an experienced investment officer manages The money with close attention to detail. 11c may quit in 2012 and the city will be hard pressed to replace him. The three cities could benefit from appointed treasurers. At a minimum,the cities should do a better job of informing the public of city finances and the initiortant oversight role that treasurers are assigned in maintaining the financial health of the municipality That said,they need to be trained and attentive. There is continued risk ofelccting treasurers who can win office with a political agenda and no qualifications. In cacti of the three cities,the city clerks who are paid employees with other duties,are doing the job or arc knowledgeable of its importance. Over the long haul,city clerk positions could he streamlined by making theta appointive although there could be concern that public access to documents may be more easily limited when the position,is appointive. FINDINGS I Elected city treasurers sometimes lack the technical skills and professional experience to adequately peff'onn the duties of the office. 2. Health benefits alone may be sufficient to attract unqualified persons to tun for the job, leaving the work to city staff and costing the cities health benefits for persons performing no useful function. 3. Efforts to convince voters to approve making the job appointive have failed in all three cities. 2009-20 10 Stip Luis Obispo County Grand Jury Page 9 10Yr` P 112 4 The cities have.found different mays to deal with these challenges. One approach is to arrange for a city employee to be elected treasurer and have that employee designate the finance director to do the job. But that approach cern have inherent conflicts of inicrest. 5. Communication is minimal between the Atascadero treasurer and the other city officials who have financial oversight responsibilities. 6. Atascadero officials failed to complete and provide the council with the state-required monthly financial reports in a timely manner for the period of April 2008 through November 2009 7 The elected Arroyo Grande treasurer has received very minimal training about the responsibilities of the position. 8. Elected city clerks in the three cities are all:staff niernbem and generally perfarm the jobs according to the requirements of state law 9 Recognizing that the offices of treasurer and city clerk.generally require timbr icat skills and knowledge,Arroyo Grande s city management is recommending that provisions to allow these posts to become appointed positions main be placed before the voters. RECOMMENDATIONS 1%W I Given state law city councils;should make sure that their investment policies are as air tight as possible and assure that these policies are carefully and continually followed to eliminate the potential for ate elected treasurer to misuse his or her powers. (Findings 1 2 and 5) 2. City councils and city managers should require that their functioning treasurers and city clerks,whether elected,appointed or deputized,provide all relxtrts required of those offices at the time desi,gnmed in state law (Finding 6) 3 f=inancial reporm,and backup documents recording changes in investments,should be carefully scrutinized by a Council member on a monthly basis.(findings 1 2,5 and fit 4 City councils in Arroyo Grande.Atascadero,and Paso Robles should consider trying again to convince the electorate to make,it least the position of treasurer appointive, while educating the electorate about qualifications needed in a treasurer and committing 2(X)9-2010 San Inuit.Obispo County Grand bury Page 10 P 113 the city to require appointed treasurers to possess those qualifications.(Findings 1 2,3,4 and 5) 5 All general law cities in the county should post the state-required monthly treasurer's report and annual financial statement on the city's web site in a location easy to find. (Finding 6) 6. Arroyo Grande should,ata minimum,send its elected treasurer to a training session where she can learn about the responsibilities she is delegating. REWIRE© RESPONSES The Arroyo Grande City Council is required to respond to Kecommendaltons 1 2 ?,4.5 and 5. The responses shall he submitted to the Presiding Judge of the Safi Luis Ohislxr Superior Court by July 29,2010. Please provide a copy of all responscs to the Grand Jury as well. The Ataseadero City Council is required to respond to Recommendations 1 2,3 4 and 5. The responses shall be submitted to the Presiding Judge of the San Luis Obispo Superior Court by July 29,2010. Please provide a copy of all respons s to the Grand Jur} as well. The Paso Robles City Council is required to respond to Recommendations 1 2,3,4 and S. The responses shall be subrniacd to the Presiding Judge of the San Luis Obispo Superior Court by July 29,2010. Please provide a copy of all responses to the Grand Jury as well. The mailing addresses for delivery are: Presiding.Judge Grand Jury Presiding Judge Charles S.Crandall San Luis Obispo County Grand Jury Superior Court of California P.O.Box 4910 1050 Monterey Street. San Lais Obispo.CA 93402 San Luis Obispo,CA 934011 2009-2010 San Luis Obispo County Grand Jury Page 11 P 114 Attachment 2 July 20, 2010 Honorable Judge Charles S Crandall, Presiding Judge Superior Court of California 1050 Monterey Street San Luis Obispo, CA 93408 Subject: 2009/2010 San Luis Obispo County Grand Jury Report: ELECTING CITY TREASURERS AND CLERKS WISE OR OTHERWISE? The County Grand Jury has issued a report entitled ELECTING CITY TREASURERS AND CLERKS WISE OR OTHERWISE? concerning the value of electing versus appointing City Clerks and Treasurers in general law cities in the County The report included six recommendations which are intended to ensure that the duties of these positions are carried out effectively and with integrity The Grand Jury has requested the City of Atascadero provide formal responses to Recommendations 1 - 5 The Recommendations and the Atascadero City Council formal responses are below Grand Jury Recommendation #1 Given state law, city councils should make sure that their investment policies are as air tight as possible and assure that those policies are carefully and continually followed to eliminate the potential for an elected treasurer to misuse his or her powers (Findings 1, 2, and 5) • Finding #1 Elected city treasurers sometimes lack the technical skills and professional experience to adequately perform the duties of the office P 115 • Finding #2 ' Health benefits alone may be sufficient to attract unqualified persons to run for the job, leaving the work to city staff and costing the cities health benefits for persons performing no useful function • Finding #5 Communication is minimal between the Atascadero treasurer and the other city officials who have financial oversight responsibilities City Council Response to Recommendation #1 Summary • The City agrees with Recommendation #1 in that investment policies should be effective and should be adhered to This Recommendation has been implemented as a strong Investment Policy has long been in place and adhered to • The City did not have access to the same information as the Grand Jury regarding Findings #1 & #2, and therefore, due to the lack of sufficient supporting data, can neither agree nor disagree with these Findings • The City disagrees with Finding #5 Analysis The City has a strong Investment Policy which has long been effective at keeping the City safe from the misuse of powers by elected Treasurers The Policy is carefully followed and reviewed annually A revised Investment Policy was recently approved by Council on February 23, 2010 This policy requires the Treasurer to submit investment reports to Council on a quarterly basis The December 2009 investment report was approved by Council in February, and the March 2010 investment report was approved May 11, 2010 The Investment Policy authorizes the City Treasurer, City Manager, and the Director of Administrative Services to undertake investment transactions on behalf of the City According to the Policy, the Director of Administrative Services manages the investment activity of the funds of the City, and the City Manager and the City Treasurer supervise the Director of Administrative Services The Finance Review Committee, which is made up of all five members of Council, meets to discuss investments and strategies The City of Atascadero has been fortunate with the elected Treasurers The City's current Treasurer, Joe Modica, Jr , is a Certified Financial Planner, Enrolled Agent, and Registered Investment Advisor His firm, Modica Financial & Tax, Inc offers local individuals and businesses investment advice and financial planning strategies Mr Modica is fully qualified and has the technical skills and professional experience necessary for the position of City Treasurer The Treasurer prior to Mr Modica was P 116 Mr David Graham During the term of Mr Graham, he was a part-owner of North err County Tax, Inc , a tax preparation and accounting firm in Atascadero He, too, was quite experienced in the world of finance and effectively executed his duties as elected Treasurer There is frequent informal communication between the Treasurer and other city officials with oversight responsibilities The Treasurer and the Director of Administrative Services work effectively together to maintain the City's financial assets and invest the City's funds with the primary concerns of safety, liquidity and yield Although formal communications are less frequent, and for a time were temporarily suspended, the informal communications remain, and had remained, quite regular The obligations to preserve and grow the City's cash and investments are taken very seriously by the elected Treasurer and staff, and prudent and adequate steps are outlined and followed to ensure the strength of the City's assets Grand Jury Recommendation #2 City councils and city managers should require that their functioning treasurers and city clerks, whether elected, appointed or deputized, provide all reports required of those offices at the time designated in state law (Finding 6) • Finding #6 Atascadero officials failed to complete and provide the council with the state- required monthly financial reports in a timely manner for the period of April 2008 through November 2009 City Council Response to Recommendation #2 Summary • The City agrees with Recommendation #2 in that all required reports should be timely This Recommendation has been implemented as all reports are current. • The City agrees with Finding #6 Analysis The City is now in full compliance with all local and State laws, and has provided all required reports to Council The reporting requirements of the City's Investment Policy actually surpass the reporting requirements of the State California Government Code §53646(b) (1) states that the City Treasurer "may render a quarterly report to the chief executive officer, the internal auditor, and the legislative body of the local agency " Subdivision (d) of that code section further states that "the legislative body of a local agency may elect to require the report specified in subdivision P 117 (b) to be made on a monthly basis instead of quarterly " However, this same code section's final subdivision asserts (h) In recognition of the state and local interest served by the actions made optional in subdivisions (a) and (b), the Legislature encourages the local agency officials to continue taking the actions formerly mandated by this section However, nothing in this subdivision may be construed to impose any liability on a local agency that does not continue to take the formerly mandated action State law does not require monthly investment reporting It does allow the legislative body to elect to require reporting, either quarterly or monthly The Investment Report that was approved by the Council in February requires quarterly investment reporting The Council is receiving those reports on a quarterly basis On behalf of the Treasurer, City staff has historically prepared the investment reports (which are subsequently reviewed and approved by the Treasurer), but during the period April 2008 through November 2009, the reports were delayed due to limited staffing resources However, all internal fiscal controls and financial reconciliations remained in place The delayed reports were approved by Council at the Special Meeting held on January 7, 2010 All reports are current through the quarter ending March 31, 2010 A separate section of the California Government Code, Section 41004, requires the Treasurer to submit "a written report and accounting of all receipts, disbursements, and fund balances" on a monthly basis to the City Clerk. This report does not include investment activity, but does include summary information regarding cash ins and outs and fund balances During the period when the investment reports were completed monthly, this information was included in those reports However, since switching to quarterly reporting of the investment reports effective January 1, 2010, a summary report including the above information is submitted monthly to the Atascadero City Clerk, with a copy going to the Council The monthly report is in addition to the quarterly investment report, which is also approved by the Council Grand Jury Recommendation #3 Financial reports, and backup documents recording changes in investments, should be carefully scrutinized by a council member on a monthly basis (Findings 1, 2, 5 and 6) • Finding #1 Elected city treasurers sometimes lack the technical skills and professional experience to adequately perform the duties of the office • Finding #2 Health benefits alone may be sufficient to attract unqualified persons to run for the job, leaving the work to city staff and costing the cities health benefits for persons performing no useful function P118 • Finding #5 Communication is minimal between the Atascadero treasurer and the other city officials who have financial oversight responsibilities. • Finding #6 Atascadero officials failed to complete and provide the council with the state- required monthly financial reports in a timely manner for the period of April 2008 through November 2009 City Council Response to Recommendation #3 Summary • The City agrees with Recommendation #3 in that the Council should routinely review financial reports This Recommendation has been implemented to the extent that the entire Council receives a monthly summary report and quarterly detailed investment report. • As discussed above, the City did not have access to the same information as the Grand Jury regarding Findings #1 & #2, and therefore, due to the lack of sufficient supporting data, can neither agree nor disagree with these Findings • As discussed above, the City disagrees with Finding #5 • As discussed above, the City agrees with Finding #6 Analysis As indicated in the above response, a report of cash receipts, disbursements and fund balances is submitted to the Council via the City Clerk on a monthly basis A more detailed investment report (including investment change data) is prepared and presented to Council quarterly The Treasurer, the City Manager and the Director of Administrative Services carry the day to day responsibility to maximize the City's assets and ensure safety, liquidity and yield Together, they analyze and monitor all investments and backup documentation The City's investments, other than LAIF, are typically medium term, stretching out between one and five years Therefore, Council scrutiny of detailed information on a monthly basis regarding changes in investments and backup documentation would not yield a significant benefit to the financial situation of the City, but would put more of a burden on the Council to perform such detailed analysis Similar to the Grand Jury's Finding #1 regarding treasurers, there is no way to guarantee that future Council Members will have the professional experience or expertise to evaluate such financial data. However, for the Council Members that are interested in such information, communications to review the data with the Treasurer, City Manager, and Director of Administrative Services are encouraged Additionally, all P 119 of the monthly investment statements and banking statements remain public records and are available at City Hall for Council or community viewing Finally, an independent audit of the financial statements and all supporting financial documents, records, policies, and practices is performed annually Grand Jury Recommendation #4 City councils in Arroyo Grande, Atascadero and Paso Robles should consider trying again to convince the electorate to make at least the position of treasurer appointive, while educating the electorate about qualifications needed in a treasurer and committing the city to require appointed treasurers to possess those qualifications (Findings i, 2, 3, 4 and 5) • Finding #1 Elected city treasurers sometimes lack the technical skills and professional experience to adequately perform the duties of the office • Finding #2 Health benefits alone may be sufficient to attract unqualified persons to run for the job, leaving the work to city staff and costing the cities health benefits for persons performing no useful function • Finding #3 Iwo Efforts to convince voters to approve making the job appointive have failed in all three cities • Finding #4 The cities have found different ways to deal with these challenges One approach is to arrange for a city employee to be elected treasurer and have that employee designate the finance director to do the job But that approach can have inherent conflicts of interest • Finding #5 Communication is minimal between the Atascadero treasurer and the other city officials who have financial oversight responsibilities. City Council Response to Recommendation #4 Summary • The City disagrees with Recommendation #4 in that it is a violation of State law to use public funds for this purpose This Recommendation has not been and will not be implemented P 120 • As discussed above, the City did not have access to the same information as the Grand Jury regarding Findings 41 & #2, and therefore, due to the lack of sufficient supporting data, can neither agree nor disagree with these Findings • The City cannot comment as to the other cities on Finding #3, but as for Atascadero, the City disagrees that there were, "Efforts to convince voters to approve making the job appointive", but agrees that this issue was on the ballot in 1984 and it failed to win voter approval • The City cannot comment as to the other cities on Finding #4, but as for Atascadero the City agrees that there are different ways of dealing with the challenges, delegating to staff is one way, and there could potentially be conflicts of interest. • As discussed above, the City disagrees with Finding #5 Analysis The City may not use public funds to "convince the electorate to make the treasurer appointive" because doing so would be a violation of State law A government may not spend public money or resources to assist in the passage or defeat of an initiative or other ballot measure The Grand Jury may refer to Government Code Section 54964 and case law regarding Stanton v Mott (1976) 17 Cal 3d 206, League of Women Voters v Countywide Criminal Justice Coordinating Commission (1988) 203 Cal App 3d 529, and Vargas v City of Salinas (2009) 46 Cal 4th 1 The City suggests that the Grand Jury consult r with its legal counsel regarding Recommendation #4 The issue to make the Treasurer appointed instead of elected did appear on the ballot in 1984, but it was not approved by the vote of the people Grand Jury Recommendation #5 All general law cities in the county should post the state-required monthly treasurer's report and annual financial statement on the city's web site in a location easy to find (Finding 6) • Finding #6 Atascadero officials failed to complete and provide the council with the state- required monthly financial reports in a timely manner for the period of April 2008 through November 2009 P 121 City Council Response to Recommendation #5 Summary • The City agrees with Recommendation #5 This Recommendation will be implemented effective July 1 , 2010 • As discussed above, the City agrees with Finding #6 Analysis All approved investment reports can be found on the City's web site in the Council agenda packages As an alternative, the Administrative Services department also is working with the Technology Department to add an additional location on the web site where both the investment reports and monthly reports of cash receipts, disbursements and fund balances can be found more easily Very Truly Yours, Roberta Fonzi Mayor Tom O'Malley Council Member Jerry Clay Council Member Ellen Beraud Council Member Bob Kelley Council Member Wade G McKinney City Manager P 122 ITEM NUMBER C-2 DATE 06/22/10 On rr: • u Atascadero City Council Staff Report - City Manager's Office Strategic Planning 2010 Update on Council Goals RECOMMENDATIONS Council 1 Provide feedback or additional direction if necessary, and, 2 Receive and file this report on the progress being made relative to the City Council's three goals DISCUSSION As part of the City's annual strategic planning process, the City Council adopted goals on March 9, 2010 The goals reconfirmed at the meeting were 1 Grow the City's Economy and Pursue Economic Development 2. Enhance Public Safety 3. Stabilize the City's Finances This report provides an update on the progress being made to date Listed below each of the goals are the specific action steps being addressed by staff with an update on when the steps will be completed Items being worked on currently are designated with an "in Progress" and completed items are marked "Completed " Items that will be addressed on an ongoing basis are marked "Ongoing " 1 Grow the City's Economy and Pursue Economic Development Implement the Economic Development Strategy Revised by Applied Development Economics (ADE) (Ongoing) P 123 ITEM NUMBER C-2 DATE 06/22/10 Update Bike Master Plan No • Develop partnerships with the County Bike Coalition and other stakeholders (In Progress) • Promote bicycle tourism (Summer 2010) • Review existing bicycle master plan and update where appropriate (In Progress) Adopt and Implement a Branding Strategy for the City • Review the existing branding study and prepare an action plan for implementation (In Progress) • Develop ways to get collaborative input from community stakeholders (In Progress) Continue Stimulus Programs • Programs include incentives for• o capital projects o murals o signage o fagade improvements o affordable housing in the downtown zone • Implement the restaurant stimulus program (Completed) • Implement the AB 811 energy conservation and alternative energy improvements program (Postponed) Aggressively Attract New Businesses, While Retaining Existing Businesses • Conduct an email business survey in partnership with the Chamber of Commerce to determine needs of existing businesses (Spring 2010) • Continue outreach to businesses in the County looking to expand (Ongoing) • Conduct small business success seminars to assist local business owners (Postponed) • Implement a City Council "Ambassador" program using Council Members to meet with businesses on a regular basis and generate excitement about the community (Completed) • Recognize the stimulus programs as a key component in business attraction and retention (Completed) • Enhance the City's Internet presence (In Progress) Identify Revitalization "Hot Spots" and Develop Plans for Their Improvement • Utilize the Office of Economic Development to conduct advance planning once areas are identified (In Progress) • Investigate ways the Redevelopment Agency can assist with infrastructure (Summer 2010) • Study effectiveness of loan guarantee programs and other financial incentives and implement if possible (Summer 2010) -100 P 124 ITEM NUMBER C-2 DATE 06/22/10 Enhance and Promote Special Events • Participate in the San Luis Obispo Film Festival (Completed) • Begin planning for community centennial in 2013 (Summer 2010) • Look into the possibility of hosting sports tournaments throughout the community (Summer 2010) • Work with school district to promote the use of school facilities for band festivals, track meets, and other competitions that bring tourism to town (Summer 2010) Create and Implement a Tourism Action Plan Based Off of the Recent Tourism Study (Completed) • Conduct Stadium Park Fire Safety & Vegetation Management Study (Fall 2010) Conduct a Study Session on the Appearance of the Community Commercial Corridor and Along U S. 101 (Winter 2011) 2. Enhance Public Safety Maintain Efficient Fire and Police Services • Develop reports to the City Manager and City Council on performance measures and on progress towards achieving them (Fall 2010) • Continue to manage and maintain resources to keep essential safety services and infrastructure whole (Ongoing) Emergency Planning • Complete after action report from the Emergency Management Institute and implement action plan as part of the new Emergency Operations Plan (Completed) • Develop draft of revised Emergency Operations Plan (Nearly Completed) • Adopt revised Emergency Operations Plan (Fall 2010) • Seek grants and other funding sources to purchase evacuation signs for the west side including funding from the Officer of Traffic Safety and Fire Act. (Ongoing) • Reinforce and continue to clear vegetation fuel along evacuation routes as part of the chipping program (Completed for Season) • Study the use of a Community Emergency Response Team (CERT) or alternatives for volunteer involvement. (Summer 2010) Evaluate and Implement Pedestrian and Bicycle Routes Where Appropriate to Increase Safety • Identify Pedestrian/Bicycle stakeholders (Spring 2010) • Gather information from Pedestrian/Bicycle stakeholders and assemble working group (Summer 2010) • Review funding sources for improvements and modifications to City streets (Summer 2010) P 125 ITEM NUMBER C-2 DATE 06/22/10 • Revised Bicycle Master Plan to City Council (Fall 2010) Utilize New Technologies to Better Communicate with the Public for Public Safety Purposes • Remind residents about the City's evacuation plan and post plan on the City's web site and make it readily available at City facilities (Spring 2010) • Continue relationship with the Atascadero State Hospital to utilize reverse 911 for sending out information during crisis (Ongoing) • Utilize social networking sites and other Internet sites to more rapidly share urgent information immediately to residents (Facebook, Nixle, etc ) (Completed) • Utilize County Emergency Alert System if needed (As Needed) • Report on the progress and use of the "citizen portal" that allows residents to interact on-line with the Police Department. (Completed) 3 Stabilize the City's Finances Continue Economic Development • This goal is addressed under the previous action plan, "Grow the City's Economy and Pursue Economic Development " Implement a More Expansive Volunteer Program • Continue current successful volunteer programs in the Police Department, Zoo and other departments (Ongoing) • Coordinate with California Joint Powers Insurance Authority resources to develop a volunteer policy (Completed) • Create job descriptions appropriate for volunteers (Fall 2010) • Develop volunteer training and recognition programs (Fall 2010) • Implement expanded volunteer program (Winter 2011) Continue Monitoring and Reporting of Financial Information on a Regular Basis • Current reporting levels are appropriate • Provide a mid-cycle budget update to the City Council (Summer 2010) • Provide a mid-year budget update to the City Council (January 2011) • Provide routine financial reports to the City Council on a quarterly basis (February, May, August, and November) (Ongoing) • Provide bi-weekly expenditure reports to department heads to track expenses (Ongoing) • Conduct monthly budget meetings with department heads to review expenses of the previous month (Ongoing) • Provide monthly disbursement reports to the City Council (Ongoing) • Provide detailed investment reports to the City Council on a quarterly basis (Ongoing) • Provide timely updates to the City Council if there are material changes to revenues, expenses or the City's financial outlook. (Ongoing) +rrrr P 126 ITEM NUMBER C-2 DATE 06/22/10 law Keep the Community Updated Regarding City Hall and on the Printery, and Continue to Move the Projects Forward • Provide regular updates on City Hall and the Printery (In Progress) • Select construction management firm for the City Hall project (Completed) • Approve the program for space use in the City Hall building (In Progress) • Gather Bids for "Mothballing" of Printery (Spring 2010) • Perform "Mothballing" Work at the Printery (Summer 2010) • Issue bids and award construction contract for City Hall (Summer 2010) • Continue to pursue grant opportunities to assist funding (Ongoing) • Pursue City bond issue for financing the construction (Summer 2010) Continue Fighting State Takeaways with the League of California Cities • Help to advance the "Local Taxpayer, Public Safety, and Transportation Protection Act of 2010" sponsored by the League of California Cities (In Progress) • Continue engaging in legislative lobbying concerning the State budget (Spring 2010) • Reach out to community organizations for awareness of issues, make them effective coalition partners (Ongoing) • Educate the public, engage them when appropriate (Ongoing) FISCAL IMPACT The two-year budget is based on the goals developed through the strategic planning process While there is no direct impact as a result of the approval of this work plan, future budgets will be based on these goals, and specific projects may require the expenditure of funds or additional resources P 127 P 128