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HomeMy WebLinkAboutAgenda Packet 052510 ARCHIVE COPY CITY CLERK a roto: rr ; ) r r� CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, May 25, 2010 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CITY COUNCIL REGULAR SESSION 6 00 P M. PLEDGE OF ALLEGIANCE Council Member Beraud ROLL CALL. Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley APPROVAL OF AGENDA. Roll Call 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 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 1 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 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] 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 ) RECESS The Mayor will call for a recess at this time for the Special Joint Meeting of the City Council / Planning Commission. RECONVENE. The Mayor will reconvene the City Council general session at the conclusion of the Special Joint Meeting of the City Council / Planning Commission. B. PUBLIC HEARINGS None C MANAGEMENT REPORTS None 2 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.) 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 theaters in Atascadero with a cost of up to $10,000 b MOTION UNDER RECONSIDERATION 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 of up to $10,000 (Motion passed 4 1 by a roll- call vote -- Beraud 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." 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) Council Member Beraud 1 City/ Schools Committee 2. Homeless Services Oversight Council 3 Integrated Waste Management Authority (IWMA) 3 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 May 25, 2010 Regular Session of the Atascadero City Council was posted on May 18, 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 18th day of May, 2010, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 4 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p m unless there is a Community 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.orcp 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 he Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be 16.w�'ieard by the Council 5 6 ITEM NUMBER A- 1 DATE 05/25/10 I� r cFnff r r: r r 1918 r r`" r Atascadero City Council Staff Report - City Manager's Office Memorandums of Understanding for Atascadero Police Association, Mid-Management/Professional Employees Association, and the Atascadero Professional Firefighters Association Local 3600 RECOMMENDATIONS Council approve Memorandums of Understanding (MOUs) authorizing no changes to salaries or benefits for the Atascadero Police Association, Atascadero Mid-Management / Professional Employees, and the Atascadero Professional Firefighters Association DISCUSSION Current Memorandums of Understanding for the Atascadero Police Association (APA), Service Employees International Union Local 620 (SEIU), Atascadero Professional Firefighters Local 3600 (APFA) and the Mid-Management/Professional Employees Association (MM PEA) are expiring on June 30, 2010 MOUs are agreements between the City and the employee associations that set specific language regarding wages, benefits, and working conditions The APA, SEIU and MMPEA are coming off of one year agreements and the APFA is coming off of a three-year agreement. The City has completed negotiations for new contracts and agreement has been reached with each of the employee associations except the SEIU We will continue to bargain with SEIU until a contract can be reached In the cases of the Police, Fire, and Mid-Manager's associations, each of the employee groups recognized the financial constraints and challenges the City is operating under and each group asking for nothing in their next contract. In essence, the contracts are rollover contracts and include no raises or changes to benefits The acceptance from the associations of the importance of working together to get through these difficult times is a positive symbol of teamwork and demonstrates a commitment to the organization The leadership of the APFA is especially appreciated as they have formally given up a 4% deferred wage increase that would have cost the City approximately $100,000 The specific MOUs are attached to this report (Attachments A, B and C) and reflect no changes from the previous year NOW7 ITEM NUMBER A- 1 DATE 05/25/10 The Executive Management Team will continue to take the 3% salary cut that was enacted last year, and the resolution governing Executive Management benefits remains in effect for one more year No changes are being made to salaries or benefits FISCAL IMPACT THE MOUs have no changes and therefore no additional impact to the budget. ATTACHMENTS A Memorandum of Understanding for Atascadero Police Association B Memorandum of Understanding for Mid Management/ Professional Employees C Memorandum of Understanding for Atascadero Professional Firefighters Association 1400 8 Attachment A MEMORANDUM OF UNDERSTANDING BETWEEN THE ATASCADERO POLICE ASSOCIATION AND CITY OF ATASCADERO JULY 1 , 2010 THROUGH JUNE 30, 2011 APA MOU 2010-2011 Page 13 5 ARTICLE I GENERAL PROVISIONS 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 Atascadero Police Association,hereinafter referred to as the Association 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 Association 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 Association as the recognized and exclusive representative for the following positions. Police Officer Classification • Police Officer • Police Officer—Intermediate POST • Police Officer—Advanced POST Senior Police Officer Classification • Senior Police Officer • Senior Police Officer—Intermediate POST • Senior Police Officer—Advanced POST Police Sergeant Classification • Police Sergeant • Police Sergeant—Advanced POST • Police Sergeant—Supervisory POST Property Evidence Technician Classification • Property Evidence Technician • Property Evidence Technician—EMD Support Services Classification • Police Records Technician • Support Services Technician • Support Services Technician EMD • Support Services Lead Technician • Support Services Lead Technician-EMD • Support Services Supervisor • Support Services Supervisor-EMD For purposes of this MOU positions with a POST or EMD designation are hereinafter included in any reference to Police Officer Senior Police Officer Sergeant,Support Services Technician,Support Services Lead Technician and Support Services Supervisor b. This recognition is exclusive of management employees and temporary employees. c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the wr� APA MOU 2010-2011 Page 1 10 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 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 Association 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 AGREEMENTS a. The City and the Association 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 Association. Any such changes validly made shall become part of this MOU and subject to its terms. SECTION 1.5 FULL FORCES 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 Association. ARTICLE II RESPECTIVE RIGHTS SECTION 2.1 ASSOCIATION RIGHTS The Association 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 the Atascadero Police Department. 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 Association 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 Association 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. err► APA MOU 2010-2011 Page 2 11 SECTION 2.2 CITY RIGHTS a. The authority of the City includes, but is not limited to the exclusive right to determine 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.Association agrees that under no circumstances will the Association 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 Association or by any member of the bargaining unit,the Association 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 Association promptly and in good faith performs the obligations of this paragraph,and providing the Association has not otherwise authorized,permitted or encouraged such work stoppage,the Association 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. ARTICLE III HOURS OF WORK AND OVERTIME SECTION 3.1 HOURS OF WORK a. Work Period In general,employees shall be scheduled to work consecutive days on and consecutive days off. Work schedule changes(e.g.,from 5/8 to 4/10,3/12 or 9/80)require a 30-day notice by the Chief of Police or their designee or the Association. Either party may request a change in work schedules by written notification at least thirty(30)days in advance of proposed changes. The normal work period,pursuant to Section 207(k)of the Fair Labor Standards Act, shall be fourteen(14)days. All hours worked in excess of the employee s regularly recurring 80-hour biweekly work schedule shall be paid at the overtime rate of one and one-half the employee s regular rate of pay b Mealtime Mealtime for shift employees is thirty(30)minutes of paid time. c. Mealtime Call-out for Shift Employees APA MOU 2010-2011 Page 3 12 Mealtime may be taken during the shift if the workload permits and as authorized and scheduled by the shift supervisor Shift employees receive mealtime as paid time,and therefore shift employee shall be subject to call out ' during mealtime. d. Rest Periods Rest periods will normally be provided to employees at the rate of fifteen(15) minutes for each four (4)hours worked. Rest periods are not to be construed as mealtime. Insofar as practical,rest periods shall be in the middle of each work period. Rest periods cannot be used in conjunction with a meal periods,nor may rest periods be taken during the employee s first or last scheduled hour of work. e. Missed Rest Periods and Mealtime 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. Mealtime is paid time,therefore nothing in this section provides for or implies any additional compensation or benefit if a meal period is not completed or taken. f Definition of Shift Employees Shift employees are assigned to positions in which duties are performed on a twenty-four(24)hour day seven(7) days a week basis, and include: Police Officer Senior Police Officer, Police Sergeant, Property Evidence Technician, Support Services Technician, Police Records Technician, Support Services Lead Technician and Support Services Supervisor g. Shift Trade Employees of equal rank will be allowed to trade shifts from time to time as long as the following criteria is met: 1 The trade does not adversely impact the Department's operating needs. 2. The trade does not result in the payment of overtime to the trading employees. 3 The trade is by mutual consent of the employees involved. 4 The trade request must be submitted in writing to the employees supervisor signed by both employees and approved by the Police Chief or his/her designee. 5 The trade days occur within the same pay period. SECTION 3.2 OVERTIME a. Rate Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay All overtime shall be recorded and paid in the following manner- 1 to 15 minutes,overtime compensation-'/4 hour 16 to 30 minutes,overtime compensation—'/z hour 31 to 45 minutes,overtime compensation—3/4 hour 46 to 60 minutes,overtime compensation—1 hour b. Hours Paid Paid time off shall be considered time worked for overtime purposes. APA MOU 2010-2011 Page 4 13 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 Police Department 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. e. Schools/Training/Qualifications/Department Meetings Overtime for Sergeants,Police Officers or Senior Police Officers as the result of Department-wide training and meetings authorized by the Chief of Police will be compensated at the time and one-half overtime rate. Hours traveling,studying,or evening classes,etc. when an employee is attending an out-of-town school shall not constitute overtime hours. SECTION 3.3 CALLBACK PAY Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of two (2)hours at time and one-half rate of pay SECTION 3.4 COURT TIMEISTANDBY TIME a. Employees assigned standby duty shall receive thirty-five dollars($35 00)for each day of standby duty A day is defined as a 24 hour period. b. Employees placed on standby by the court at a time they are not working shall be compensated at the rate of two(2) hours straight time compensation for every four(4)hours of actual time in standby assignment,prorated for more or less than four hours. Minimum compensation will be for one(1)hour of straight time. c Employees responding to work from standby shall receive a minimum of two hours pay 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 d. The Chief of Police may place employees on standby status. Standby duty shall not be considered as hours worked for the purpose of computing overtime. e. Employees on standby status shall provide the Support Services Technician or their designee with a telephone number where he/she can be reached directly-and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification. Ifto APA MOU 2010-2011 Page 5 14 ARTICLE IV PAY PROVISIONS SECTION 4.1 SALARY r This one(1)year agreement shall provide for no salary increases during this period. The following monthly salaries remain in effect July 1 2010: Police Records Technician 3,13305 3,289 71 3,45419 3,6-2-6-91 3,808.25 Support Services Technician 3,715.36 3,901 12 4,09618 4,300.98 4,516.03 Support Services Technician EMD 3,765.36 3,95363 4,151.31 4,358.88 4,57682 Support Services Technician- Longevity 3,901 12 4,09618 4,300.98 4,516.03 4,74184 Support Services Technician EMD- Longevity 3,951.13 4,14870 4,35614 4,573.95 4,80264 Support Services Lead Technician 3,998.64 4,198.57 4,408.51 4,628.94 4,86039 Support Services Lead Technician EMD 4,048.64 4,251.07 4,463.62 4,686.80 4,92114 Support Services Lead Technician- Longevity 4,198.57 4,408.51 4,628.94 4,860.39 5,10341 Support Services Lead Technician EMD-Longevity 4,248.57 4,46101 4,68406 4,918.26 5-,16-4.1-6 *AW Property Evidence Technician 4,096.19 4,300.99 4,51604 4,741.85 4,978.94 Property Evidence Technician EMD 4,14619 4,353.50 4,571 18 4,79974 5,039.73 Property Evidence Technician- Longevity 4,300.99 4,516.04 4,741.85 4,978.94 5,227.88 Property Evidence Technician EMD -Longevity 4,351 00 4,568.56 4,796.99 5,036.84 5,288.67 Police Officer 4,741.84 4197893 5 227.87 5,489.27 5,763.73 Police Officer- Intermediate POST 4,860.39 5,103.41 5,358.58 6,62650 5,907.83 Police Officer-Advanced POST 4,978.94 5,227.88 5,489.27 5,76372 6,051.91 Senior Police Officer 4,97894 5,227.88 5,489.28 5,76374 6,051.93 Senior Police Officer- Intermediate POST 5,10342 5,358.59 5,62653 5,90786 6,203.25 Senior Police Officer-Advanced POST 5,227.89 5,489.29 5,76375 6,051.94 6,354.54 Support Services Supervisor 4,978.94 5,227.88 5,489.28 5,763.74 6,051.93 Support Services Supervisor EMD 5,028.94 5,280.39 5,54441 5,821 63 6112.71 APA MOU 2010-2011 Page 6 15 Support Services Supervisor- Longevity 5,227.88 5,489.28 5,76374 6,051 93 6,35453 1 + Support Services Supervisor EMD- Longevity 5,277.89 5,541 79 5,81888 6,109.82 6,415.30 Police Sergeant 5,907.80 6,203 19 6,51335 6,83902 7,1809 Police Sergeant-Advanced POST 6,055.49 6,358.27 6,676.19 7,010.00 7,360.50 Police Sergeant-Supervisory POST 6,203.21 6,513.36 6,83903 7,180.98 7,54003 a. Steps B C,D and E shall be paid upon completion of twelve months of employment at the preceding step where the employee has demonstrated at least satisfactory job progress and normally increasing productivity and upon recommendation of the Department Head and approval of the City Manager b. Police Officers and Senior Police Officers who possess a P O.S T Intermediate Certificate shall receive two and one-half percent(21/2%)more in base salary than those positions within the same classification without a P O.S T Intermediate Certificate. c Police Officers and Senior Police Officers who possess a P O.S.T Advanced Certificate will receive two and one half percent (21h%) more in base salary than those positions within the same classification without a P O.S T Advanced Certificate,in addition to 4 Lb above. d. Police Sergeants who possess a P O.S T Advanced Certificate will receive two and one-half percent(2'/2%)more in base salary than those positions within the same classification without a P O.S.T Advanced Certificate. e. Police Sergeants who possess a P O.S T Supervisory Certificate will receive two and one-half percent(21/2%)more in base salary than those positions within the same classification without a P O.S.T Supervisory Certificate, in addition to 4 l.d above. f. Each Support Service Technician,Property Evidence Technician,Lead Support Services Technician or Support Services Supervisor having the Emergency Medical Dispatch(EMD)Certification will receive$50.00 per more in base salary per month than those positions within the same classification without an EMD Certificate. SECTION 4.2 INCENTIVE PAY a. Employees shall be reimbursed up to$1,600 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. b. Employees in the Support Services Technician,Support Services Lead Technician,Property Evidence Technician, and Support Services Supervisor classifications,after five years of continuous service and above-average or better evaluations,shall receive five percent(5%)in additional pay to their base salary SECTION 4.3 RETIREMENT a. Employees will be provided retirement benefits through the California Public Employees Retirement System (Ca1PERS).Police Officers,Senior Police Officers and Police Sergeants will be provided benefits pursuant to the 3% @ 50 Full.formula(Section 21362.2 of the Government Code)for safety employees and the City will pay the employee contribution of nine(9%)percent. b. Effective July 1 2007,the Police Records Technician,Support Services Technician,Property Evidence Technician, Support Services Lead Technician and Support Services Supervisor(CaIPERS miscellaneous unit members)were APA MOU 2010-2011 Page 7 16 provided benefits 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 in the CalPERS miscellaneous unit will pay the remaining 2.15%of the employee contribution. c. The CalPERS retirement for Sworn Safety Members(as defined by CalPERS)includes Level Four(4)of the 1959 Survivor's Benefit. The employees shall pay the monthly cost of the benefit. The City shall provide the One Year Final Compensation(Section 20042)and Credit for Unused Sick Leave(Section 20965)benefits. d. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous Members. 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. 2. Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third (1/3)of the unused annual allotment of sick leave. (The annual allotment is 95.94 hours). 3 Checks will be prepared by December 15 of each year c. Family Care-An employee may use,in any calendar year accrued sick leave up to the amount earned during six(6) months employment to attend to the illness of a child,parent or spouse. SECTION 4.5 VACATION LEAVE Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations. SECTION 4.6 HOLIDAYS a. Employees shall receive twelve(12)holidays per calendar year Said holidays shall be credited in eight(8)hour increments on the 1"day of the first full pay period of each month. Holidays must be used within the calendar year Employees may take holiday time off consistent with the scheduling needs of the City and subject to approval of the Chief of Police. b Employees shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and have a current credit of more than ninety-six(96)hours of holiday time. c. Employees who have not used their accrued holiday time by December 31" will be paid for all accrued holiday hours,no later than the second payday of January d. Employees may elect to apply the value of accrued holiday hours to their deferred compensation account. Election forms must be completed and received no later than December 31" to be processed no later than the second payday of January SECTION 4.7 BEREAVEMENT LEAVE Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death APA MOU 2010-2011 Page 8 17 of his/her spouse,significant other child,stepchild,parent,grandparent,grandchild,son-in-law daughter-in-law mother in-law father-in-law brother sister brother in-law and sister-in-law 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. SECTION 4.9 OUT-OF-CLASS PAY Employees who are assigned to work out of class for fifteen(15)or more consecutive days shall receive five percent (5%)of current base salary in addition to regular salary SECTION 4.10 CANINE HANDLER PAY The time spent by a canine handler in the care, grooming and feeding of his/her assigned police dog shall be hours worked payable at the time and one-half overtime rate per hour of the handler It is agreed that canine handlers normally spend 7 hours per biweekly pay period performing such work and written authorization from the Police Chief must be obtained to perform such work for more than 7 hours. Such hours worked shall not be interpreted to be (1) shift extension,(2)callback to work,or(3)scheduled work performed in excess of the regular shift for overtime purposes. SECTION 4.11 FIELD TRAINING OFFICER INCENTIVE PAY a. Police Officers assigned to act in the capacity of Field Training Officer shall be compensated at the rate of$.87 per hour,not to exceed$150.00 per month. Compensation shall be provided only for hours actually spent serving in the capacity of Field Training Officer b. Support Services Technicians assigned to act as a trainer of a newly hired employee shall be compensated at the rate of$.87 per hour not to exceed$150.00 per month. Compensation shall be paid only for hours actually spent serving in the capacity of a trainer c. Compensation shall be provided only when the Chief of Police or designee has specifically authorized the assignment. SECTION 4.12 ACTING WATCH COMMANDER PAY a. Each Police Officer assigned as Acting Watch Commander will receive$1.00 per hour for each hour worked in the capacity of acting watch commander as compensation for additional responsibility SECTION 4.13 BILINGUAL PAY The City shall pay an additional 2.5%of salary to those employees who are able to speak one of the top two non-English languages as defined by the U.S.Census. A testing mechanism mutually agreed to by both parties will be created to assess language abilities before qualifying for the incentive. 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$1,052.87 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 APA MOU 2010-2011 Page 9 18 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+I coverage, the City shall pay a total of $957.83 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 $781 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 twenty thousand dollars ($20,000)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 dollars($1,000)per dependent during the term of this agreement. f. The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement.Each recognized bargaining unit shall have a representative on the committee,and management will have one representative. g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with w applicable Internal Revenue Code provisions. The plan will enable an employee, on a voluntary basis,to 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 in the classification of Police Records Technician, Support Services Technician,Property Evidence Technician,Support Services Lead Technician,and Support Services Supervisor State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 5.2 UNIFORM/SAFETY EQUIPMENT ALLOWANCE The purpose of the uniform allowance is for the purchase,replacement,maintenance,and cleaning of uniform clothing. a. The City shall provide an annual uniform allowance of eight hundred dollars($800)for all eligible Police Officers, Senior Police Officers and Police Sergeants. b. The City will make an up front lump sum payment of the current fiscal year's uniform allowance no later than the second pay day in July c. Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July 1 The City would at the same time advance the new employee an amount that when added to his initial uniform allowance would equal$800 The amount advanced upon hire would then be deducted from the employees first full uniform allowance check,the following July (Example:If an employee worked six months in the first fiscal year he/she would receive$800 in that first year and$400 in the second fiscal year All subsequent years the employee would receive the full$800 until separation from the City) d. When an employee separates from the City the Uniform Allowance will be prorated based upon the number of days APA MOU 2010-2011 Page 10 19 employed in the then current fiscal year and any amounts owed to the City will be deducted from his/her final check. e. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are required to seek reimbursement through the courts with all practical diligence. f. The City shall provide the Police Records Technician,Support Services Technicians,Property Evidence Technician, Lead Support Services Technician and Support Services Supervisor with uniforms as needed,in accordance with the Uniform Policy g. The City shall make available to Police Officers,Senior Police Officers and Police Sergeants a bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all times,except in extreme climatic conditions. Vests shall be replaced or refurbished each 4 or 5 years as manufacturer's specifications dictate. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary as determined by the Chief of Police. h. The following additional safety equipment shall be provided to all Police Officers,Senior Police Officers and Police Sergeants by the City• • Service weapon ■ Baton ■ Duty belt with holster keeper straps,handcuff case,chemical mace pouch,key ring,baton ring, ammunition pouch,radio holder ■ Helmet with face shield ■ Rain garment: The City shall comply with the requirements of CAIJOSHA as it relates to providing rain gear including rain boots i. All city equipment shall be returned to the City upon the employee leaving such service. SECTION 5.3 PROBATION The probationary period for newly hired Police Officers Senior Police Officers or Police Sergeants shall be eighteen v, months. The probationary period for newly hired Police Records Technician, Support Services Technician,Support Services Lead Technician or Support Services Supervisor shall be twelve months. The probationary period for employees promoted to Senior Police Officers or Police Sergeants shall be twelve months. The probationary period for employees promoted to Support Services Lead Technician shall be six months.The City shall have the option of granting a newly hired employee in a miscellaneous classification regular status at any time after nine(9)months of service. ARTICLE VI—OTHER SECTION 6.1 CELL PHONE REIMBURSEMENTS The City agrees to reimburse each full-time employee a flat rate of ten dollars($10.00)per month for the use of their personal cell phone for City business. This amount will be paid once per year in a lump sum amount. Where applicable, the months will be pro-rated. ARTICLE VII CLOSING PROVISIONS SECTION 7.1 TERM The term of this MOU shall commence on July 1 2010,and expire on June 30 2011 APA MOU 2010-2011 Page 11 20 SECTION 7.2 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives: Date APA Date CITY OF ATASCADERO Mayor Date City Manager Date '+lrrrr� APA MOU 2010-2011 Page 12 21 ..i .r' Attachment B MEMORANDUM OF UNDERSTANDING BETWEEN THE MID MANAGEMENT/PROFESSIONAL EMPLOYEES AND CITY OF ATASCADERO JULY 11 2010 THROUGH JUNE 30, 2011 23 MEMORANDUM OF UNDERSTANDING MID MANAGEMENT/PROFESSIONAL EMPLOYEES JULY 1, 2010 THROUGH JUNE 30, 2011 TABLE OF CONTENTS ARTICLE I-GENERAL PROVISIONS 1 SECTION 1.1 PREAMBLE 1 SECTION 1.2 RECOGNITION 1 SECTION 13 SEVERANCE 1 SECTION 1.4 SOLE AGREEMENT 2 SECTION 1.5 FULL FORCE AND EFFECT 2 ARTICLE V-PAY PROVISIONS.... 3 SECTION 5.1 SALARY 3 SECTION 5.2 EDUCATION INCENTIVE PAY 3 SECTION 5.4 RETIREMENT 3 SECTION 5.5 SICK LEAVE/STAY WELL PLAN 4 ARTICLE VI-HEALTH AND WELFARE 5 SECTION 6.1 MEDICAL AND DENTAL INSURANCE COVERAGE 5 ARTICLE VII-CLOSING PROVISIONS.... 6 SECTION 7.2 SIGNATURES 6 24 ARTICLE I - GENERAL PROVISIONS 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 Mid Management/Professional Employees,hereinafter referred to as the"Association"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 Association 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 Association as the recognized and exclusive representative for the following classifications. • Accountant • Associate Civil Engineer • Building Maintenance Supervisor • Capital Projects Manager • Database Programmer • Recreation Supervisor • Senior Building Inspector b This recognition is exclusive of management employees and temporary employees c. The City agrees to meet and confer and otherwise deal exclusively with the Association 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 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 Association agree to meet and confer in a timely manner to an Afte 25 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 Association 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 Association. 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 Association. 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 Association 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. 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 Association shall be afforded 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 Association reserves its rights to take any lawful action deemed necessary 26 ARTICLE II - -PAY PROVISIONS SECTION 2.1 SALARY This one(1)year agreement shall provide no salary increases during this period. The following monthly salaries remain in effect as of July 1, 2010 seam Accountant 4,58196 4,81107 5,05161 5,30419 5,56942 Associate Civil Engineer 5,56943 5,847.88 6,140.28 6,447.29 6,76967 Building Maintenance Supervisor 4,36378 4,581.97 4,811.07 5,05161 5,30419 Database Programmer 5,70869 5,99412 6,29379 6,60847 6,93888 Recreation Supervisor 4,25992 4,472.90 4,696.51 4,931 34 5,17790 Senior Building Inspector 4,81108 5,05164 5,30419 5,56942 5,84787 Capital Projects Manager 4,36378 4,581.97 4,81107 5,05161 5,304 19 SECTION 2.2 EDUCATION INCENTIVE PAY 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 fob-related, and the employee received a passing grade. Associate Civil Engineers who are licensed as a Registered Engineer will receive ten percent(10%) in additional pay to their base salary SECTION 2.3 RETIREMENT a. Effective November 2003,the City began paying and reporting the value of Employer Paid Member Contributions (EPMC) as described in Resolution No 2003-073 b Effective July 1,2007,employees will be provided retirement benefits through the California Public Employees Retirement System (Ca1PERS) 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. 27 SECTION 2.4 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight(8)hours(one day)per month. There is no limit to the accumulation. b Employees with forty-eight(48)or more days 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 twelve- (12) month 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 48 days sick leave. 2. Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third(1/3)of the unused annual allotment of sick leave. The annual allotment is 95 94 hours 3 Checks will be prepared by December 15 of each year c. Family Care—An employee may use, in any calendar year, accrued sick leave up to the amount earned six (6) months employment to attend to the illness of a child, parent or spouse SECTION 2.5 SICK LEAVE PAYBACK When an employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. SECTION 2.6 ADMINISTRATIVE LEAVE a. Each employee will receive forty-eight(48)hours of Administrative Leave,which will vest as of July 1 annually Except as provided below, Administrative Leave will not be carried over or accrue from one fiscal year to the next. b If an employee is unable to use his/her Administrative Leave prior to the end of the fiscal year for work related reasons beyond his/her control(as verified by the Department Head),said leave will be carried over into the next fiscal year for a period not to exceed three (3) months. Said time will be available to the employee for use during that period, but will not be accrued for the purpose of payoff in the event of termination. c. In the event an employee covered by this Agreement is employed after January 1 of the fiscal year,the employee shall be eligible for twenty-four(24)hours of Administrative Leave. 28 `�11rr� SECTION 2.7 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,stepchild,grandchild,parent,grandparent,son-in-law, daughter-in-law, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or significant other ARTICLE III-HEALTH AND WELFARE SECTION 3.1 HEALTH INSURANCE COVERAGE 1 For unit members who elect to have"Family"coverage,the City shall pay a total of$1066 15 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. 2. For unit members who elect to have `Employee+l" coverage, the City shall pay a total of $970 45 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. 3 For unit members who elect to have "Employee Only" coverage, the City shall pay an amount not to exceed$793.37 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 the 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.T his amount shall not exceed$246 76 per month. SECTION 3.2 LIFE INSURANCE The City shall provide a term life insurance policy on each employee in the amount of Fifty- Thousand Dollars($50,000) The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in the amount of One Thousand Dollars ($1,000)per dependent. 29 ARTICLE IV- CLOSING PROVISIONS SECTION 4.1 TERM The term of this MOU shall commence on July 1, 2010, and expire on June 30, 2011 SECTION 4.2 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives. a6j /16 <--� - y Mid Mgmt. of Dat Mid MgmtfP of. Date CITY OF ATASCADERO Mayor Date City Manager Date 30 Attachment C MEMORANDUM OF UNDERSTANDING BETWEEN THE ATASCADERO FIREFIGHTERS BARGAINING UNIT AND CITY OF ATASCADERO JULY 19 2010 TO JUNE 30, 2011 Firefighters'MOU 2010-2011 Page 11 Gln✓ 31 MEMORANDUM OF UNDERSTANDING ATASCADERO FIREFIGHTERS' BARGAINING UNIT AND CITY OF ATASCADERO JULY 1, 2010 THROUGH JUNE 30, 2011 TABLE OF CONTENTS ARTICLE I-GENERAL PROVISIONS 1 SECTION 11 PREAMBLE 1 SECTION 1.2 RECOGNITION 1 SECTION 1.3 SEVERANCE 2 SECTION 1.4 SOLE AGREEMENT 2 SECTION 1.5 FULL FORCE AND EFFECT 2 ARTICLE II -RESPECTIVE RIGHTS 2 SECTION 2.1 ASSOCIATION RIGHTS 2 SECTION 2.2 CITY RIGHTS 3 SECTION 7 1 TERM 3 ARTICLE IV-HOURS OF WORK AND OVERTIME 3 SECTION 4 1 HOURS OF WORK 3 SECTION 4.2 OVERTIME 4 SECTION 4.3 CALLBACK PAY 4 SECTION 4.4 COURT TIME/STANDBY TIME 4 ARTICLE V- PAY PROVISIONS 5 SECTION 5.4 RETIREMENT 6 SECTION 5.5 SICK LEAVE/STAY WELL PLAN 6 SECTION 5.6 VACATION LEAVE 6 SECTION 5.7 HOLIDAYS 7 SECTION 5.8 BEREAVEMENT LEAVE 7 SECTION 5.9 MILITARY LEAVE 7 ARTICLE VI -HEALTH AND WELFARE 7 SECTION 6.1 MEDICAL AND DENTAL INSURANCE COVERAGE 7 SECTION 6.3 PROBATION 9 ARTICLE VII - CLOSING PROVISIONS 10 SECTION 7.2 SIGNATURES 10 Firefighters' MOU 2010-2011 Page 12 32 ARTICLE I-GENERAL PROVISIONS 140W 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 Atascadero Firefighters Bargaining Unit,hereinafter referred to as the Association 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 Association 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 Association as the recognized and exclusive representative for the following positions. • Firefighter Classification • Firefighter • Firefighter/Paramedic • Firefighter/HazMat Specialist • Firefighter/Paramedic/HazMat Specialist • Fire Engineer Classification • Fire Engineer • Fire Engineer/Paramedic • Fire Engineer/HazMat Specialist • Fire Engineer/Paramedic/HazMat Specialist Fire Captain Classification • Fire Captain • Fire Captain/Paramedic • Fire Captain/HazMat Specialist • Fire Captam/Paramedic/HazMat Specialist Fire Marshal Classification • Fire Marshal/Code Compliance Officer For purposes of this MOU positions with a Paramedic and/or HazMat Specialist designation are hereinafter included in any reference to Firefighter Fire Engineer and Fire Captain. b This recognition is exclusive of management employees and temporary employees. c. The City agrees to meet and confer and otherwise deal exclusively with the Association 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 Firefighters'MOU 2010-2011 Page 1 11W 33 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 Association 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 Association 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 Association. 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 Association. NOW ARTICLE II-RESPECTIVE RIGHTS SECTION 2.1 ASSOCIATION RIGHTS The Association 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 all Fire Department stations. 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 Association 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 Association 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. Firefighters'MOU 2010-2011 Page 2 34 SECTION 2.2 CITY RIGHTS a. The authority of the City includes,but is not limited to,the exclusive right to determine the standards of service- determine the procedures and standards of selection for employment and promotion, direct its employees, take disciplinary action for"dust 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 Association agrees that under no circumstances will the Association 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 Association or by any member of the bargaining unit,the Association 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 Association promptly and in good faith performs the obligations of this paragraph,and providing the Association has not otherwise authorized,permitted or encouraged such work stoppage,the Association 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. ARTICLE III--HOURS OF WORK AND OVERTIME SECTION 3.1 HOURS OF WORK a. Work Period The normal work period,pursuant to Section 207(k)of the Fair Labor Standards Act, shall be twenty-eight(28) days for all full-time permanent sworn safety positions with the exception of the Fire Marshal/Code Enforcement Officer All hours worked in excess of the employee s regularly recurring work schedule shall be paid at the overtime rate of one and one-half of the employee s regular rate of pay The normal work period for the Fire Marshal/Code Enforcement Officer shall be seven(7)days with a maximum non-overtime of forty(40)hours. Firefighters'MOU 2010-2011 Page 3 35 b Definition of Shift Employees Shift employees(excluding administrative assignments)are assigned to positions which duties are performed on a twenty-four(24)hour day seven(7)days a week bans,and include • Firefighter • Fire Engineer • Fire Captain SECTION 3.2 OVERTIME a. Rate Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay b Hours Paid 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 Fire Department and the employee Employees may accumulate up to six(6)shifts(144 hours)of Compensatory Time d. Scheduling Compensatory Time Off(CT) Requests to use CT shall be granted with due regard for operational necessity such as staffing levels. e. Compensatory Time(CT)Payoff CT may be paid off at the option of the employee. The payoff shall be included in the next regularly scheduled bi- weekly payroll period following the request. SECTION 3.3 CALLBACK PAY Employees who are called to duty at a time they are not working 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 twenty-five dollars(S25 00)for each day of standby duty A day is defined as a 24-hour period. b Employees responding to work from standby shall receive time and one-half pay with a minimum of one hour and twenty minutes once called back. Employees responding to work as a result of an emergency callback request shall receive time and one-half pay with a minimum of two hours pay c. Employees on standby status shall monitor both radio and alpha numeric pages at all times and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification. Firefighters' MOU 2010-2011 Page 4 _*40 36 ARTICLE IV-PAY PROVISIONS SECTION 4 1 SALARY The following monthly salaries become effective July 1 2010• I,ASSICATION STEP A STEP B STEP C STEP'D STEP E Firefighter 4,62894 4,860.39 5,10341 5,358 58 5,626.50 Firefighter/Haz Mat Specialist 4,721.52 4,95760 5,205 48 5,465 75 5,73904 Firefighter/Paramedic 5,091 83 5,34642 5,61374 5,89443 6,189 15 Firefi hter/Paramedic/HazMat Specialist 5,18441 5,443 63 5,715 81 6,001 60 6,301 68 Fire Engineer 4,97894 5,227 88 5,489.28 5,763 74 6,051 93 Fire Engineer/Haz Mat Specialist 5,078 52 5,33245 5,59907 5,87903 6,172.98 Fire Engineer/Paramedic 5,47683 5,75067 6,038.21 6,34012 6,657 12 Fire Engineer/Paramedic/HazMat Specialist 5,57641 5,855.23 6,14799 6,455.39 6,778 17 Fire Marshal/Code Enforcement Officer 5,90784 6,203.22 6,513.37 6,83904 7,18099 Fire Captain 5,90784 6,203.22 6,513.37 6,83904 7,18099 Fire Captain/Haz Mat Specialist 6,02598 6,327.28 6,64365 6,975.83 7,32463 Fire Captain/Paramedic 6,49861 6,823.53 7,16472 7,52295 7,899 10 Fire Ca tain/Paramedic/HazMat Specialist 6,61676 6,94760 7,29498 7,65973 8,042.72 a. Steps B,C,D and E may be paid upon completion of twelve months of employment at the preceding step where the employee has demonstrated at least satisfactory job progress and normally increasing productivity, and upon recommendation of the Department Head and approval of the City Manager b Employees who are trained, qualified and assigned by the Fire Chief to E.M.T Paramedic duties shall receive ten percent(10%)more in base salary than those positions within the same classification without paramedic duties. c. Employees who serve on the San Luis Obispo County Hazardous Incident Response Team(SLOHIRT)shall receive two percent (2%) more in base salary than those positions within the same classification which do not serve on SLOHIRT d. The Association and the City recognize that the Memorandums of Understanding in the years since 1998 have been incremental steps in correcting salary inequities between Atascadero employees and the comparisons within San Luis Obispo County It is further recognized that the salary schedule is a continuing attempt to bring Atascadero salaries to the mean with the surveyed cities following the initial inequity adjustment,and may be subject to change in future negotiations. Firefighters'MOU 2010-2011 Page 5 37 SECTION 4.2 EDUCATION INCENTIVE PAY Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related educational expenses for attending college or other professional training,providing the coursework is fob-related and the employee received a passing grade SECTION 4.3 RETIREMENT a. Employees will be provided retirement benefits through the California Public Employees Retirement System (CalPERS). Firefighters,Fire Engineers,Fire Marshal/Code Enforcement Officer and Fire Captains will be provided benefits pursuant to the 3% @ 50 Full formula (Section 21362.2 of the Government Code) for Sworn Safety Members(as defined by CaIPERS)and the City will pay the employee contribution of nine percent(9%) b The CalPERS retirement for Sworn Safety Members(as defined by CalPERS)includes Level Four(4)of the 1959 Survivor's Benefit. The employees shall pay the monthly cost of the benefit. c. The City shall implement the Military Service Credit(Section 20930.3 of the Government Code)provided there is no direct cost to the City The City shall provide Credit for Unused Sick Leave (Section 20965)and One Year Final Compensation(Section 20042)benefits. d. Employees have expressed a desire to receive the PERS benefit `Converting EPMC to Salary in the Final Compensation Period"as allowed under Government Code Section 20962. It is agreed to implement this benefit if it can be done at no cost to City City will work with PERS to determine costs and limitations and bring its findings back to the Association prior to January 1 2008 for further action. SECTION 4.4 SICK LEAVE/STAY WELL PLAN a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Rules and Regulations.It is agreed that nothing herein shall be construed as providing any vested right,monetary or otherwise,to any unused sick leave existing at time of discharge or voluntary separation from City service, except at time of retirement in accordance with the City's Public Employees Retirement System contract. b Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the accumulation. c. Employees with 576 16 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 fifty-two(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 576 16 hours of sick leave. 2. Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third (1/3)of the unused annual allotment of sick leave. (The annual allotment is 144 04 hours). 3 Checks will be prepared by December 15 of each year SECTION 4.5 VACATION LEAVE Firet;ghters'MOU 2010-2011 Page 6 38 a. Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations b It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City SECTION 4.6 HOLIDAYS a. Employees shall receive five and 6/10(5 6)shifts annually or 5 17 hours bi-weekly Said holidays shall be credited in accordance with procedures established by the Personnel Officer b Holiday time may be used as either paid time off or paid in cash at the option of the employee with the approval of the Fire Chief. 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,significant other,child,stepchild,parent,grandparent,grandchild,son-in-law daughter-in-law mother in-law father-in-law,brother,sister brother-in-law and sister-in-law 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. SECTION 4.9 COMMON MESS ARRANGMENT Unit employees under a common mess arrangement,agree to contribute to congregate meals at the station house in the amount required to cover the cost of those meals,irrespective of whether the employee chooses to eat the meal. SECTION 4.10 BILINGUAL PAY The City shall pay an additional 2.5%of salary to those employees who are able to speak one of the top two non-English languages as defined by the U S Census. A testing mechanism mutually agreed to by both parties will be created to assess language abilities before qualifying for the incentive. 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$1,131.50 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 an amount not to exceed $1,035 80 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 Firefighters' MOU 2010-2011 Page 7 1�ww 39 dependent 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. c For unit members who elect to have `Employee Only"coverage,the City shall pay an amount not to exceed$859 14 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. d. The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand dollars ($15 000)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 dollars($1 000)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. 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 SECTION 5.2 UNIFORM ALLOWANCE The purpose of the uniform allowance is for the purchase,replacement,maintenance and cleaning of uniform clothing, including t-shirts and hats. a. The City shall provide an annual uniform allowance of eight hundred fifty dollars ($850) for each Association employee. b The City will make an up front lump-sum payment of the current fiscal year's uniform allowance no later than the second pay day in July c Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July 1 The City would at the same time advance the new employee an amount that,when added to his initial uniform allowance,would equal$850 The amount advanced upon hire would then be deducted from the employee s first full uniform allowance check received the following July (Example.If an employee worked six months in the first fiscal year he/she would receive$850 in that first year and$425 in the second fiscal year All subsequent years the employee would receive the full$850 until separation from the City) d. When an employee separates from the City the uniform allowance will be prorated based upon the number of days employed in the then current fiscal year and any amounts owed to the City will be deducted from his/her final check. Firefighters'MOU 2010-2011 Page 8 40 SECTION 5.3 PROBATION The probationary period for newly hired Firefighters or Fire Engineers shall be eighteen months. The probationary period for employees promoted to Fire Engineer or Fire Captain shall be twelve months. SECTION 5.4 PROMOTIONAL OPPORTUNITIES Upon completion of the probationary period, qualified employees in the classification of Firefighter will be provided an opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy There shall be a maximum of ten(10)Fire Engineer positions funded. ARTICLE VI—OTHER SECTION 6.1 PHYSICAL FITNESS The parties agree to establish a committee consisting of an equal number of representatives from the City and the Association for the purpose of developing a physical fitness program that will be implemented in the Fire Department for all employees in the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program will include the following elements. 1)Mandatory participation,2)Established standards,and 3)City-provided physicals. SECTION 6.2 HEALTH AND WELLNESS EXAMS The City shall add to the Fire Department budget three hundred fifty dollars($350)per full-time employee for health and wellness exams according to the following schedule • Annually for Fire Department safety personnel aged 40 and over • Every other year for Fire Department safety personnel aged 30-39 • Every three years for Fire Department safety personnel aged 20-29 The total amount budgeted will be coordinated in cooperation with the City This amount will be paid directly to the health care professional or medical group and not to the employee. SECTION 6.3 CELL PHONE REIMBURSEMENT City agrees to reimburse each full-time employee a flat rate of nine dollars($9 00)per month for the use of their personal cell phone for City business. This amount will be paid once per year in a lump sum amount. Where applicable,the months will be pro-rated. Firefighters' MOU 2010-2011 Page 9 41 ARTICLE VII CLOSING PROVISIONS SECTION 7.1 TERM The term of this MOU shall commence on July 1 2010 and expire on June 30 2011 SECTION 7.2 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives SIGNED COPY TO BE PROVIDED BY DATE OF MEETING Association Date Association Date CITY OF ATASCADERO Mayor Date City Manager Date Firefighters'MOU 2010-2011 Page 10 42 Council Announcements & Reports#2 05/25/11 nInlr,, r17: 1918 �^ 18781 CITY OF ATASCADERO A moo`. = COUNCIL NORMS AND PROCEDURES (2009) GENERAL • To take courageous action when necessary to keep the City of Atascadero a well run, well managed innovative City • Council provides leadership and participates in regional, state and national programs and meetings • Council looks to Commissions and Committees for independent advice • Other community leaders are consulted in the decision making process when appropriate • There is extensive citizen participation and work on City programs and documents • There are numerous meetings, other than regular Council meetings • We stress training for staff, Council, and Commission members • Council Members will inform the City Manager's Administrative Assistant when they will be out of town as early as possible and it will be put on the Council Calendar • Council Members get the same information as much as possible citizen complaints, letters, background, etc. • Council Members will determine which specific Commission packets they want to receive • Use technology to improve information flow and communications 43 Council Norms and Procedures (2009) Page 2 of 9 COUNCIL VALUES • The Council and City Manager are a participatory team • The Council values high energy, open mindedness, and achievement orientation • Council Members will care and have respect for each other as individuals • Council Members will be straightforward, with no hidden agendas • The City Council values humor • Traditions are respected, but not binding COUNCIL INTERACTION AND COMMUNICATION • Individuals are responsible to initiate resolution of problems A.S.A.P and not let them fester • City Council will not direct cheap shots at each other during public meetings, in the press, or any other place/time • Relationships are informal, but not casual in public [beware of impact on, and perception of, public] • Council Members will be flexible in covering for each other • Council Members that are the Complainant on an issue before the Council must declare their involvement in the issue before the item is reviewed by the Council • Council Committees - Committee areas belong to the whole Council, they are not seen as territorial - Committees are responsible to keep rest of Council informed, and other members are responsible for letting committee know if they want more information or to give input. - Before committees start moving in new direction, they will get direction from the rest of Council *40 44 Council Norms and Procedures (2009) r Page 3 of 9 - Committee reports will be made under Council Reports, when appropriate - Committee summaries will be sent on an interim basis to update other Council Members on o Issues being discussed o Options being considered o Progress • Council and committees will give clear and focused direction as early as possible COUNCIL INTERACTION AND COMMUNICATION WITH STAFF City Manager • Council Members should always feel free to go to the City Manager • When a Council Member is unhappy about a department, he/she should always talk it over with the City Manager and/or the Assistant City Manager - not the department head • Concerns about a department head must be taken to the City Manager only • Critical information will be passed to all City Council Members by appropriate personnel • The Council will provide ongoing feedback, information, and perceptions to the City Manager, including some response to written communications requesting feedback. • The City Manager or the Assistant City Manager deals with issues that cross department boundaries • Avoid giving direction individually to the City Manager via email, the majority of the Council should give the City Manager direction as a formal body 45 Council Norms and Procedures (2009) Page 4 of 9 Staff in General • Council can talk with department heads if asking for information, assistance or follow up • Council will always be informed by staff when an unusual event occurs that the public would be concerned about, i e , anyone wounded by gunfire, area cordoned off by police or fire, etc The Council and staff will not blind side each other in public, if there is an issue or a question a Council Member has on an agenda item, that member will contact staff prior to the meeting City Attorney • Contract Attorney will routinely forward relevant new legislation to the City Council • City Attorney shall be pro-active with Council, Manager and Staff when and where appropriate • City Attorney to regularly consult with Council on items of concern on upcoming agenda at the earliest time possible • City Attorney will track Commissions' actions, agenda of City Council and committees for needed input. • City Attorney to pro-actively inform and protect City Council Members from potential violations and conflicts COUNCIL EMAIL COMMUNICATIONS • Think carefully before responding to any e-mail, never reply when angry or in a bad mood Do not make derogatory personal comments • Do not reply to an e-mail if the reply will be directed to a majority of the Council • Do not take a position or make a commitment on matters yet to be decided by the Council Remember, even if you don't do it, your e-mail can be forwarded by others to a majority of the Council 46 Council Norms and Procedures (2009) Page 5 of 9 • Do not give instructions via email or otherwise to Staff under the managerial control of the City Manager • If e-mailing the entire Council, do so only to provide information, and do not solicit a response COUNCIL OPTIONS FOR KEEPING INFORMED • Read Commission Minutes in order to find out what is being worked on • Read documents on Planning items • City Manager will discuss future Agenda topics with Council Members • Council Members will do their homework. • There is extensive use of staff and Commission reports, and Commission minutes • Regular meeting with City Manager MAYOR'S ROLE • Each Mayor is unique, the role is defined by the person, based on that person's style • The Mayor is the spokesperson for the City • The Mayor will inform the Council of any informal correspondence sent out to anyone in relation to City business - use e-mail whenever possible • The Mayor communicates with Commission Chairs VI%W 47 Council Norms and Procedures (2009) Page 6 of 9 1.404 CITIZEN COMPLAINTS • Staff will attach their response to the copy of the letter received when sending to Council • By City Manager discretion, Council will be informed of significant, urgent and repetitive complaints • Staff will draft a response for Council's use for responding to the public. Letters over Council signatures will be reviewed by the signer before sent. • Council should not attempt to fix Citizens' problems on their own, it will be referred to the City Manager • Responses to citizens are customized • Copies of responses to be included in individual packets • If a Council Member wants action based on a citize`n's complaint, they should go through the City Manager's office to ensure it gets into the tracking system • The level of detail in written responses will be selective 1-000 • Generally, communications are acknowledged with discretion PUBLIC MEETINGS • City Manager sets the Agenda for regular City Council meetings — per the Ordinance • Public comment shall be received on all action items • Any Council Member can place an item on the agenda under Council Announcements and Reports • City Council Members will treat everyone equally and with courtesy • Corrections to minutes are passed to the City Clerk before the meeting • Each member may share his/her views about the issue and the reasons for his/her vote 48 Council Norms and Procedures (2009) Page 7 of 9 • When feasible, audio or video tape all public City Council meetings • Public Comment - Procedure will include Staff Report, questions from Council, applicant report, public comment, close Public Hearing, any staff response, and bring item back to Council for discussion - Once public comment is closed, further public input will not be allowed unless re-opened by Mayor - Applicant's comments shall be limited to a reasonable time - Public comments shall be limited to 3 minutes per speaker; per Municipal Code - It is acceptable to ask questions of a speaker for clarification - Each speaker will be thanked - Council will not respond until all public comment has been reviewed - Mayor allows other members to speak first and then gives his/her views and summarizes • Consent Calendar - There is judicious use of the Consent Calendar, such as minutes, routine City business, and things already approved in the budget. - If a Council Member has a question on a Consent Calendar item for their information only, they are to ask staff ahead of time, rather than having it pulled off for discussion during the meeting - Staff is prepared to report on every agenda item • Voting - Everyone speaks before a motion - Attempts will be made to get consensus on significant policy issues '*wrr` 49 Council Norms and Procedures (2009) Page 8 of 9 - Department heads will generally attend every meeting, other staff attendance at Council meetings is at the City Manager's discretion - Council Member discussions will not be redundant if they concur with what has already been said • Closed Session - Council will get written reports for Closed Session items as much as possible, these reports are to be turned in at the end of the meeting - City Manager will ask for pre-meeting closed sessions if it will save the City money (due to consultant fees, etc.), to be held no earlier than 5 00 p m - No violation of Closed Session confidentiality • Special Meetings - Special meetings may be called by Mayor, or a majority of the Council, pursuant to the Brown Act. COMMISSIONS • Problem solving issues with Commissions will be done as much as possible with chairs and vice chairs • Commission chairs meet quarterly with the Mayor and Mayor Pro Tem to provide feedback and be kept informed • Commission needs - To know Council vision, community vision, and General Plan 2025 - Understanding of their roles and authority - To know annual prioritized goals of the City Council - All commissioners receive an annual training logo 50 Council Norms and Procedures (2009) Page 9 of 9 • Criteria for commissioner for re-appointment (and in extreme cases, removal) shall include - Issues of conflicts of interest. - Attendance (missing two meetings without excuse) - Support of General Plan - Respect for staff/public - Working for community versus personal purposes 51 SPECIAL JOINT MEETING Atascadero City Council Atascadero 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 of the Community Forum portion of the May 25, 2010 City Council Regular Session City Hall, Council Chambers 6907 EI Camino Real, Atascadero, California AGENDA ROLL CALL. City Council and Planning 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] 1 C MANAGEMENT REPORT 1 Project Review — 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 take public comment on general project issues and provide staff with any additional project comments not covered under the EIR scoping [Community Development] PUBLIC COMMENT Members of the public may address the legislative bodies concerning the subject of this Special Joint Meeting, limited to three (3) minutes each ADJOURNMENT The City Council will adjourn to their regular session, currently in recess, and the Planning Commission will adjourn to their next regularly scheduled meeting 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 May 25, 2010 Special Joint Meeting of the Atascadero City Council and Planning Commission was posted on May 18, 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 18th day of May 2010, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero 2 ITEM NUMBER. B - 1 DATE. 05/25/10 4 r r r: :r a r UI% r r r, Atascadero City Council Staff Report — Community Development Department EIR Scoping Meeting Del Rio Road Commercial Area Specific Plan (Walmart / The Annex Project) RECOMMENDATION Council conduct an EIR scoping meeting consistent with the requirements of the California Environmental Quality Act (CEQA) DISCUSSION Background. Project Applications The City of Atascadero has received two separate General Plan Amendment applications for the following • Walmart component: A Walmart store (consisting of approximately 123,112 square feet of retail and grocery sales floor area and 6,448 square feet of outdoor garden center), two commercial outlots (approximately 10,000 square feet of retail space total), and one multi- family residential remainder parcel (to be developed with up to 44 multi- family residential dwelling units at a later date under separate approvals) would be developed on approximately 26 acres located at the southeast quadrant of the EI Camino Real / Del Rio Road intersection • Annex component: Approximately 120,900 square feet of commercial uses including food and beverage retail sales, general merchandise stores, eating and drinking places (including drive-through eating and drinking places) and one single-family residential remainder parcel (to be developed at a later date under separate approvals with up to 6 dwelling units) would be developed on approximately 13 acres at the northeast 3 ITEM NUMBER. B -1 DATE 05/25/10 quadrant of the El Camino Real Del Rio Road intersection and on the west side of El Camino Real X Walmart 7 =4= A 4 1 X Vt 'TM. 12 "—Illllllpllllllllllllnlllllli !f 7 rrITUM-ITM Walmart&THE ANNEX I PROPOSEDWaknart E MISSION OAKS IM THE ANNEX SITE PLAN Si scosw AP% Summary On March 11, 2008, the City Council directed staff to initiate the process of amending the General Plan and analyzing the projects In that direction, the Council also directed staff to • define a comprehensive project area boundary • prepare a Specific Plan • prepare an EIR to analyze the impacts of the proposed project • conduct a public participation process *40# 4 ITEM NUMBER. B - 1 DATE 05/25/10 The Specific Plan The Specific Plan is currently being prepared by the applicant and the first draft is expected to be submitted to the City by June 2010 The boundary of the Specific Plan was adopted by the Council in January 2009, and is shown on the map on the preceding page The EIR will cover all proposed development within the Specific Plan boundary Environmental Review/CEQA Due to the size and scope of the proposed commercial projects and General Plan Amendments, an Environmental Impact Report (EIR) will be required in conformance with the California Environmental Quality Act (CEQA) The EIR will provide an analysis of the build-out of the planning area, including a range of project alternatives The project alternatives will be developed by the EIR consultant to study the feasibility of reducing project impacts The EIR is required to include a "no project" alternative The City Council awarded an EIR contract to Michael Brandman and Associates (MBA) in 2009 MBA is an experienced and qualified professional consultant who is under contract and managed by the City The cost of preparing the EIR is being funded by the applicants MBA has been actively working on the project EIR since revised plans were submitted on April 5, 2010 The first step in the preparation of the EIR is the issuance of a Notice of Preparation (NOP) The project NOP was issued on May 13th and gives official notice to agencies and the public that an EIR is being prepared for the project (refer to Attachment 1) The NOP provides public agencies, organizations and members of the public the opportunity to comment on the scope and content of the EIR, and the environmental issues and alternatives to be addressed in the EIR. Scoping Meeting For projects of regional or area-wide significance, CEQA requires the lead agency (City) to conduct at least one scoping meeting during the NOP The scoping meeting will be before a joint session of the Council and Commission This provides an opportunity for both bodies to hear the scoping issues that are raised and also provide their own comments The EIR consultant will facilitate the scoping meeting and will provide direction to the Council and Commission on appropriate commenting protocols 5 ITEM NUMBER B - 1 DATE 05/25/10 The following environmental issues may be topics of the scoping meeting '400 • Aesthetics,Light, and Glare • Hydrology and Water Quality • Air Quality/Greenhouse Gas Emissions • Land Use • Biological Resources • Noise • Cultural Resources • Public Services and Utilities • Geology, Soils, and Seismicity • Transportation • Hazards and Hazardous Materials • Urban Decay/Blight • Agricultural Resources • Mineral Resources • Population and Housing • Recreation FISCAL IMPACT This commercial project is expected to be revenue positive for the City ATTACHMENTS Attachment 1 Notice of Preparation ,,moi Attachment 2 Walmart/Annex Project Plans (available for review in the Office of the City Clerk) 6 ITEM NUMBER. B -1 DATE. 05/25/10 Irr' ATTACHMENT 1 Notice of Preparation t City of Atascadero Notice of Preparation and Notice of Public Scoping Meeting \A Del Rio Road Commercial Area Specific Plan (Walmart/Annex Project) Date- May 13 2010 To- Public Agencies and Interested Parties From: Warren Frace Director Subject: Notice of Preparation of an Environmental Impact Report and Notice of Public Scoping Meeting for the Del Rio Road Commercial Area Specific Plan (Walmart/Annex Project) The City of Atascadero will be the Lead Agency and will prepare an Environmental Impact Report (EIR)for the Del Rio Road Commercial Area Specific Plan. The project description,location,and probable environmental effects of the proposed project are described in the attached materials. The City of Atascadero is soliciting comments from public agencies,organizations,and members of the public regarding the scope and content of the EIR,and the environmental issues and alternatives to be addressed in the EIR. Public agencies may need to use the EIR when considering permitting or other approvals that are germane to the agencies responsibilities in connection with the proposed project. Because of time limits mandated by state law public agencies must submit any comments in response to this notice at the earliest possible date but not later than 30 days afler receipt gfrhis notice The City also will accept comments from other interested parties regarding this notice during this time period. Accordingly,please provide your written response to the address shown below by 6:00 p.m., Friday,June 11,2010 City of Atascadero Community Development Department 6907 EI Camino Real Atascadero CA 93422 Attn: Mr Warren Frace,Director Phone (805)470-3488 Fax.(805)470-3489 Email:wfmce(4 City of Atascadero Del Rio Road Commercial Area Specific Plan Notice of Preparation CITY OF ATASCADERO DEL RIO ROAD COMMERCIAL AREA SPECIFIC PLAN 1 1 - Project Location The Specific Plan Area is located in the City of Atascadero San Luis Obispo County California (Exhibit 1) The Specific Plan encompasses two non-contiguous sites totaling approximately 39 acres located at the Del Rio Road/El Camino Real intersection in the northern portion of Atascadero The Walmart site totals approximately 26 acres and occupies the southeast quadrant of the intersection, while the Annex site totals approximately 13 acres and occupies portions of the northwest and northeast quadrants of the intersection(Exhibit 2). The Specific Plan Area is located on the Atascadero,California,United States Geological Survey 7.5-minute topographic quadrangle map Township 28 South,Range 12 East,Unsectioned(Latitude 35°30'49"North Longitude 120°41'52" West) 1.2 - Existing Conditions 1.2.1 - Land Use Walmart The Walmart site is surrounded by EI Camino Real(west) Del Rio Road(north),Rio Rita Road (east),and undeveloped residential lots(south) The Walmart site consists of l I parcels that contain undeveloped,unimproved land and an unoccupied,single-family residence (Colony home) The site formerly contained eight single-family residences,which were removed. Remnants of these past uses still exist, including concrete foundation slabs and underground utilities. The site contains approximately 100 trees,the majority of which are native oaks. The site slopes up to the east with an average slope of 5 to 12 percent. A Phase II Environmental Site Assessment indicates that soil in the northwest corner of the site appears to contain petroleum hydrocarbons in the diesel and motor oil ranges. Annex The Annex site is generally surrounded by U S 101 (west) a self-storage facility,and residential uses (north)- residential uses(cast)- and Del Rio Road(south) The Annex site consists of six parcels of which five parcels totaling approximately 114 acres occupy the northeast quadrant of the Del Rio Road/EI Camino Real intersection, and one parcel of approximately 17 acres occupies the west side of El Camino Real. The five parcels at the northeastern corner of the Del Rio Road/El Camino Real intersection contain undeveloped,unimproved land that formerly was used for residential uses. The parcel on the west side of EI Camino Real contains an unoccupied,single-family residence(Colony home)and three 8 Michael Brandman Associates 3 11:Chent WN-33)'67_':6220001'NOP 36220001\OP.dcx City of Ataseadero Notice of Preparation Del Rio Road Commercial Area Specific Plan outbuildings All six parcels contain approximately native 40 trees, including oaks, sycamores,and black walnuts. The site is flat. 1.2.2 - Land Use Designations Walmart The 1 I parcels comprising the Walmart site have various land use designations. The General Plan designates the site"General Commercial, "Medium Density Residential," `High Density Residential,"and"Suburban Estates." The Zoning Ordinance designates the site "Commercial Retail," "Residential Multi-Family— 10 Dwelling Units per Acre ""Residential Multi-Family— 16 Dwelling Units per Acre," and"Rural Suburban." Annex The seven parcels comprising the Annex site have various land use designations. The General Plan designates the site "General Commercial,""Single Family Residential,"and"Commercial Park." The Zoning Ordinance designates the site"Commercial Retail," "Residential Single Family "and "Commercial Park." 1.3 -Project Description The Del Rio Road Commercial Area Specific Plan would guide the development of two separate components(Walmart and the Annex)that would have a combined development potential of 260 460 square feet of non-residential uses and 50 residential dwelling units. Table 1 provides a summary of the components. Each component is discussed in detail below Table i Dei Rio Road Commercial Area Specific Plan Summary Componen' use Charactetisttcs Walmart Walmart 129,560 square feet Outlots 10.000 square feet ' 1Mu iple Family Residential _ 44 dwelling units �I j Subtotal 139,560 square ibct/44 dwelling units Annex Retail/Restaurants 120 900 square feet Single-Family Residential 6 dwelling units Total Non-Residential 260A60 square feet Residential 50 dwelling units Source:EDA and Omni Design Group,2010. The proposed Del Rio Road Commercial Area Specific Plan would guide the development of the Walmart and Annex components. The Specific Plan,when adopted,would serve as the overlay zone for the combined sites The Specific Plan,together with the underlying zoning on the project sites, 4 Michael Brandman Associates 9 Ii:Client(M-M 1622;622000!NOP,622(ml\OP.da City of Atascadero Del Rio Road Commercial Area Specific Plan Notice of Preparation would establish permitted uses and provide development regulations,requirements,and design guidelines for the proposed Walmart and Annex components and would be compatible with the existing surrounding development. The intention of the Specific Plan is to create a specific identity within the plan area through application of unique development standards attributable to the project site as well as to certain aspects of the Atascadero Municipal Code generally applicable to development throughout the City 1.3.1 -Walmart Component The Walmart component consists of the development of a freestanding Walmart store two commercial outlots, a multiple family residential use and associated infrastructure on approximately 26 acres. This component would subdivide the site into four lots via a vesting tentative parcel map Walmart A Walmart store totaling 129,560 square feet would occupy approximately 19 acres. The store would provide approximately 123 112 square feet of indoor square footage and 6 448 square feet of outdoor garden center/bagged goods area. The Walmart store will consist of all appurtenant facilities for the sale of general merchandise groceries and beverages (including beer, wine,and distilled spirits for offsite consumption), a site-to-store"department for web-based shopping,a pharmacy a photo lab, outdoor sales facilities, outside storage facilities(including a trash compactor and bale and pallet recycling area),loading facilities,and surface parking facilities. The store also will include space for a future retail tenant, leasable for a fast-food outlet,a bank, a medical clinic,a vision center a portrait studio, and/or a hair and nail salon. The store would operate 24 hours a day 7 days a week. outlots Two 1-acre commercial outlots would be developed the south of the Walmart store Each outlot would have a maximum development potential of 5,000 square feet. End uses may include retail, restaurant,or office uses The hours of operation for the commercial out-parcels may vary depending on the tenant,however the EIR will conservatively analyze the operation of the outlots on a 24-hour 7-day-a-week basis. Multiple Family Residential Use An approximately 2 8-acre parcel would be reserved for future,multiple-family residential uses that would be developed at a later date A maximum of 44 dwelling units could be developed on this parcel. A separate permit would be required for these uses. Note that the EIR will evaluate the development of 44 dwelling units on this parcel Site Improvements and Infrastructure Parking Off-street parking would be provided within the Walmart and outlot parcels in a paved and lighted parking lot. The allocation of off-street parking is shown below 10 Michael Brandman Associates 5 If:Chem f WN)3612;6220001 NOP 3622M]NOP.dnc City of Atascadero Notice of Preparation Del Rio Road Commercial Area Specific Plan • �k almart—596 spaces • Outlot t —54 spaces • Outlot 2 —47 spaces On-street parking would be prohibited along the project frontage with El Camino Real and Del Rio Road. Roadways,Drive Aisles, and Vehicular Access Points A public street would be constructed within the southern portion of the Walmart site The street would intersect El Camino Real opposite the southerly entrance to the Mission Oaks Center This intersection will be signalized, and the road will be designed to the City Rural Collector standard for a two-lane road. The street would provide access to the Walmart parcel, the two outlots, and the multi- family parcel A drive aisle would extend within the Walmart parcel between Del Rio Road and the public street. This drive aisle would provide access to the Walmart parking area. Vehicular access from adjoining streets would be taken from two points on Del Rio Road(the aforementioned drive aisle and a point that would serve the Walmart loadm;;),docks)and one point on El Camino Real (the new public street) The outlots would share a single access point on the new public street. low Storm Drainage A storm drain system would be installed that would convey runoff to a parking lot perimeter bioswale and then to a shallow detention basin located north of the Walmart store The proposed detention system will release water into the existing storm drain system in accordance with Caltrans requirements. The existing storm drainage system outlets into Graves Creek, a blue line stream The basin will be sized to reduce the peak flows generated from the 50-year design storm in the developed condition to the peak flows from the 10-year design storm in the pre-development condition. Utilities The Walmart component would connect to existing utility lanes located within El Camino Real and Del Rio Road,including water(Atascadero Mutual Water Company), wastewater(City of Atascadero) electricity (Pacific Gas and Electric Company),natural gas(Gas Company), and telecommunications (AT&T and Charter Communications) Tree Removal Approximately 60 native oak trees would be removed as part of the development of the Walmart store and commercial outparcels. Although no specific development has been proposed for the multiple- family residential parcel,and any development on this parcel will require a separate permit issued by VAW the City an additional removal of up to approximately 30 native oak trees could be required to accommodate full buildout of the multiple-family residential use 6 Michael Brandman Associates 1 H:Client'P\41,06",622000€NOP36220001 NOP&,z City of Atascadero Del Rio Road Commercial Area Specific Plan Notice of Preparation Grading and Soil Abatement Concept grading plans indicate that approximately 330 000 cubic yards of earth will be moved as part of the project. Approximately 75 000 cubic yards of earth will be moved internally and approximately 50 000 cubic yards will be transported to the Annex site Further approximately 205 000 cubic yards of additional dirt are expected to be exported to one or more sites within an approximately 10-milt radius of the prglcct. The contaminated soil in the northwestern portion of the site will be removed and impacts on groundwater, if any will be abated as necessary 13.2 -Annex Component The Annex component consists of the development of commercial uses,a single-family residential use, and associated infrastructure on approximately 13 acres. This component would subdivide the site into eight parcels via a vesting tentative parcel map Commercial Uses Approximately 120,900 square feet of commercial uses would be developed on approximately 11.3 acres. Uses would include food and beverage retail sales, general merchandise stores, and eating and drinking places(including two dnve-through eating and drinking places) The retail and restaurant(non-drive-thru)hours of operation may vary depending on the tenant. however,these uses arc generally anticipated to operate between the hours of 8 00 a.m,until 11.00 p.m The pharmacy and drive-thru restaurant uses will operate on a 24-hour, 7-day-a-week basis. The EIR will conservatively analyze the operation of all parcels on a 24-hour, 7-day-a-week basis. Single-Family Residential Use An approximately 1 7-acre parcel would be reserved for future single-family residential uses that would be developed at a later date A maximum of six dwelling units could be developed on this parcel. A separate permit would be required for these uses. Note that the EIR will evaluate the development of six dwelling units on this parcel. Site Improvements and Infrastructure Parking The commercial uses would provide 470 off-street parking spaces in a paved and lighted parking lot. On-street parking would be prohibited along the project frontage with El Camino Real and Del Rio Road. Vehicu/arAccess Points The main portion of the Annex would be served with two vehicular access points on Del Rio Road and one access point on El Camino Real. The western portion of the Annex would be served with a ' single vehicular access point on EI Camino Real 12 Michael Brandman Associates 7 to�/"iennt(P\.t\i:f.»'16-0101 NOP 46220001\OPAn City of Atascadero Notice of Preparation Del Rio Road Commercial Area Specific Plan Storm Drainage A network of bioswales, detention basins,and storm drainpipes will convey surface runoff from the site to a final detention basin located near the western edge of the progeny adlacent to U S 101 The proposed detention system will release water into the existing drainage swale and onto the adlacent property to the south,as runoffhas historically flowed. The basin will be sized to reduce the peak flows generated from the 50-year design storm in the developed condition to the peak flows from the 2-year design storm in the pre-development condition Additionally offsite drainage conveyed onto the Annex site will be conveyed through the project drainage system and ultimately will be passed through that system without further detention or attenuation. Utilities The Annex component would connect to existing utility lines located within El Camino Real and Del Rio Road,including water(Atascadero Mutual Water Company), wastewater(City of Atascadero) electricity (Pacific Gas and Electric Company),natural gas (Gas Company),and telecommunications (AT&T and Charter Communications). Tree Removal Approximately 40 native trees would be removed as part of the development of the Annex component. �r Grading Approximately 50 000 cubic yards of earth will be transported from the Walmart site and used as fill on the Annex site 1.3.3 - Perimeter Roadway Improvements Both the Walmart and Annex components would make the following perimeter roadway improvements: • EI Camino Real will be widened on the eastern side approximately 10 feet for the full length of the Walmart project and Annex project frontage The eastern side will have two northbound 12-foot travel lanes,one left-turn lane to access Mission Oaks and Del Rio Road,one right-turn lane onto Del Rio Road and the proposed public road,and a 5-foot bicycle lane The center median will be reconstructed as required to provide turn lanes and access. • Del Rio Road will be widened from the Northbound U.S 101 off-ramp to El Camino Real to provide two eastbound through lanes,one eastbound left-turn lane, and one westbound lane Further the Del Rio Road pavement will be removed and reconstructed between El Camino Real and Obispo Road. The new road will have two eastbound travel lanes, one westbound left-turn lane one westbound through lane and one westbound right-turn lane Additionally, a 5-foot bicycle lane will be provided in each direction, along the project frontage A center 8 Michael Brandman Associates 13 14.Client P%_1\1 11,11:67700nr Nnp"'A-001F N:0P A< City of Atascadero Del Rio Road Commercial Area Specific Plan Notice of Preparation median also will be provided. The existing traffic sig_=nal at EI Camino Real and Del Rio Road will be replaced to accommodate the proposed roadway improvements. 14- Required Approvals and Intended Uses The proposed Del Rio Road Commercial Area Specific Plan would require the following discretionary approvals and actions. • Environmental Impact Report certification • General Plan Amendment • Specific PIan Adoption • Zone Change • Subdivision via Vesting Tentative Parcel Maps • Tree Removal Permits 1.5 - Environmental Review 1.5.1 - Potential Environmental Effects The EIR will evaluate whether the proposed projects may potentially result in one or more significant environmental effects. The topics listed below will be further analyzed in the EIR. • Aesthetics, Light, and Glare • Hydrology and Water Quality • Air Quality/Greenhouse Gas Emissions . Land Use . Biological Resources • Noise • Cultural Resources . Public Services and Utilities • Geology Soils,and Seismicity e Transportation . Hazards and Hazardous Materials • Urban Decay 1.5.2 - Effects Found Not To Be Significant Unless specific comments are received during the NOP public comment period that indicate a potential for the project to result in significant impacts, the following issues will be addressed in the Effects Found Not To Be Significant section of the EIR. Agricultural Resources The Specific Plan area is designated"Urban-built-up land"by the Farmland Mapping and Monitoring Program and,therefore,does not contain Important Farmland. Additionally the parcels within the Specific Plan area are designated for commercial or residential uses by the Atascadero Zoning Ordinances,which are non-agricultural zoning designations. Furthermore,none of the parcels are encumbered by any Williamson Act contracts These characteristics preclude the possibility of adverse impacts to agricultural resources 14 Michael Brandman Associates g 11:Chent(P\.JKt3622;612M01\OY'16120001 KOPAd s - - - - _ - - _ Monterey county --- - - - - - - - - - - San Luis Obispo county - )101 Roject Site -c,rp I• p El Paso de Robles(Paso Robles) NOT TO SCALE 101 Project Site Rtasc�dero Los Padres National Forest Baywood-Las Osos Santa Marganta Lake San Luis Obispo Los PadresNational Forest 101 *awe Source Census 2000 Data,The CaSIL,MBA GIS 2010 5 2.5 0 5 Exhibit 1 ❑0�❑ Ms Miles Regional Location Mao Michael Brindinan Associates - 15 9F31n7M n4min i I reni�nal mxd CITY CSF ATASCAnFRO nFI RIO ROAn Ct7MMFRC1Al ARFA SPFCIFIf PI aN V, Y 4911 4 Aj Os aA f µ y a +.h nrr +'S" syt.. ,-ya?a. .r.� ef�+�°.. `7 ^ Rfir - {�' r , yf: a 21 lima s fax �x g ` Annexomponent t'°' • . � II," MR 13d f' A'4'" h {{� G a N 9 Ufa.. � 4 Jt,... r yC" �" ddr C} �` Walmart.Component Y� � - d9M #}!w4� �`lY 3:45 l '•S• � y �; ..� i , '�-} � fir,. �_ � �'«e"'� s''e •"�,� t��' � �� i. >_ r "{ n 7w Legend �: a. � k �+y",W a ,yrs •?k c ik a1� R - .,� \ ,�,r ,o r Kms., ��'_• • N r� CD 41 NORTH ? N � J ito n o v a r- ,Rr `}j 11 1b p D L '`i` t 4 4j '� 7-Lj `SCD o �� �, t ! i aLI�' , 4 , R i � I ` f— PU CD 1 4's O C- - . mW n X mn >4 in J ITEM NUMBER C- 1 DATE. 05/25/10 1-c r u 1 1918 �r�� �- 1177-0-7 lg H r-7 Atascadero City Council Staff Report - Community Development Department Project Review Del Rio Road Commercial Area Specific Plan (Walmart / The Annex Project) RECOMMENDATION- Council take public comment on general project issues and provide staff with any additional project comments not covered under the EIR scoping DISCUSSION Background. Project Applications The City of Atascadero has received two separate General Plan Amendment applications for the following • Walmart component: A Walmart store (consisting of approximately 123,112 square feet of retail and grocery sales floor area and 6,448 square feet of outdoor garden center), two commercial outlots (approximately 10,000 square feet of retail space total), and one multi- family residential remainder parcel (to be developed with up to 44 multi- family residential dwelling units at a later date under separate approvals) would be developed on approximately 26 acres located at the southeast quadrant of the EI Camino Real / Del Rio Road intersection • Annex component: Approximately 120,900 square feet of commercial uses including food and beverage retail sales, general merchandise stores, eating and drinking places (including drive-through eating and drinking places) and one single-family residential remainder parcel (to be developed at a later date under separate approvals with up to 6 dwelling units) would be developed on approximately 13 acres at the northeast 141W 19 ITEM NUMBER C- 1 DATE. 05/25/10 quadrant of the EI Camino Real / Del Rio Road intersection and on the 1WWW west side of EI Camino Real +aw anti ranua anxawexo SS: Wahl art ; I � y f .,o.. � � "�� � • atr. .y tl�l{�kV,.2yt1�3 It�!n l�wp—y7 tri ,.1.�u�.,,S It �am4et -- — r ' Il lllll"'Att7l1 ""--IIIIIIJKIIIIINUIItI111111L ` .' 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PROPOS.SED r M234IQ1!4AKs7HE A14NEX Z SITE PLAN IM,nal u1[11wt1111 .W L-.----.A t wwwa Summary On March 11, 2008, the City Council directed staff to initiate the process of amending the General Plan and analyzing the projects In that direction, the Council also directed staff to • define a comprehensive project area boundary • prepare a Specific Plan • prepare an EIR to analyze the impacts of the proposed project • conduct a public participation process 20 ITEM NUMBER C- 1 DATE 05/25/10 The Specific Plan The Specific Plan is currently being prepared by the applicant and the first draft is expected to be submitted to the City by June 2010 The boundary of the Specific Plan was adopted by the Council in January 2009, and is shown on the map on the preceding page The EIR will cover all proposed development within the Specific Plan boundary Project Participation Under the Council's General Plan Amendment policy, a community participation process is encouraged for General Plan Amendments When the Council initiated the amendment process for the Wal-Mart / Annex project, staff was directed to conduct a neighborhood meeting regarding the project and hold a joint Planning Commission /City Council meeting (refer to Attachments 1 and 2) The neighborhood meeting was held on May 5, 2010, as a "Community Open House" in City Hall This meeting was hosted by the applicants from both Walmart and the Annex project. The public was given an opportunity to review the proposed project plans and ask questions of the project representatives, architects and engineers City staff provided public comment cards that have been forwarded to the City Council and Planning Commission The May 25, 2010 meeting fulfills the joint City Council / Planning Commission meeting objective Following the close of the scoping meeting, the Council and Commission should take public comment on any general project issues such as site plan, landscaping, architecture, neighborhood interface, etc Staff is looking for any final comments or direction on the project. The next time the project will come before either the Council or Commission will be the approval hearings early next year (2011) FISCAL IMPACT- This commercial project is expected to be revenue positive for the City ATTACHMENT Attachment 1 Walmart/Annex Project Plans (available for review in the Office of the City Clerk) 21 r.+