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HomeMy WebLinkAboutAgenda 2008 - 0812 t 9 CITY OF ATASCADERO i97a CITY COUNCIL AGENDA Tuesday, August 12, 2008 City Council Closed Session: 5:00 P.M. Redevelopment Agency: 6:00 P.M. City Council Regular Session: Immediately following the conclusion of the Redevelopment Agency meeting City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. 1. PUBLIC COMMENT — CLOSED SESSION 2. CALL TO ORDER a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Sec. 54956.8) Property address: Easement from Capistrano Avenue to Stadium Park along APN# 029-105-028 Agency Negotiator: Wade McKinney, City Manager Negotiating Parties: Dr. Gary Renzaglia and Ms. Sandy Hughes Under Negotiation: Instruction to negotiator will concern price and terms of payment. b. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Govt.Code Sec. 54956.9(a)) Title: Tracey v. Cit of Atascadero Case No. CV070917 Y c. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) (Number of cases: 1) d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: CITY MANAGER e. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: CITY ATTORNEY 3. ADJOURN CLOSED SESSION REPORT REDEVELOPMENT AGENCY: 6:00 P.M. REGULAR SESSION: Immediately following the conclusion of the Redevelopment Agency meeting PLEDGE OF ALLEGIANCE: Mayor Brennler ROLL CALL: Mayor Brennler Mayor Pro Tem Beraud Council Member Clay Council Member Luna Council Member O'Malley APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Police Chief's Commendation for support Services Technician Kelly Arebalo for Exceptional Performance in a Multi-Jurisdictional Event that occurred on September 6, 2007. 2. Plaque of Appreciation to Senior Officer Keith Falerios upon the Retirement of his Canine-Partner, Zep Van Guy's Hof, who served from August 28, 2002, until March 19, 2008. 3. Dave Mullinax, League of California Cities Regional Public Affairs Manager, will make a presentation on the following: Resolution Opposing Irresponsible State Budget ■ Fiscal Impact: This action will have no financial impact, however if the State implemented the borrowing contemplated in the current Budget edition, the impact would cost Atascadero $1,090,000.00. ■ Recommendation: Council adopt Draft Resolution entitled A RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW' LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS. [City Manager's Office] 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 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 this meeting.) 1. City Council Draft Minutes — May 13, 2008 ■ Recommendation: Council approve the City Council Meeting Minutes of May 13, 2008. [City Clerk] 2. City Council Special Meeting Draft Minutes — May 22, 2008 ■ Recommendation: Council approve the City Council Special Meeting Minutes of May 22, 2008. [City Clerk] 3. May 2008 Accounts Payable and Payroll ■ Fiscal Impact: $ 1,900,993.39. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for May 2008. [Administrative Services] 4. June 2008 Accounts Payable and Payroll ■ Fiscal Impact: $ 2,624,762.76. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for June 2008. [Administrative Services] 5. March 2008 Investment Report ■ Fiscal Impact: None. ■ Recommendation: Council approve the City Treasurer's report for March 2008. [Administrative Services] 6. Acceptance of Proposals for Contract Plan Check Services for Building Services ■ Fiscal Impact: The plan check contract is expected to exceed $100,000 per year. The cost is paid for by a percentage of the building plan check fee, which is collected at the time of permit submittal. ■ Recommendation: Council place on eligibility list, and award contracts for plan check services to, California Code Check, Wildan Engineering, and NAFFA International. [Community Development] 7. Cafe & Concession Agreement Approval for the Colony Park Community Center ■ Fiscal Impact: The City will collect $400 per month rental fee of the cafe and 10% of gross receipts for all on-site cafe & catering sales. ■ Recommendation: Council approve a two-year contract with extension provisions for cafe and food services for the Colony Park Community Center with LeBoeuf's Bar-b-que, effective upon execution of the contract through September 30, 2010. [Community Services] 8. Atascadero Creek Trail and Restoration Project ■ Fiscal Impact: The public process, design, right-of-way and construction of this project could cost the City an estimated additional $200,000.00. ■ Recommendations: Council: 1. Adopt the Draft Resolution authorizing filing of an application for grant funds from the River Parkways Grant Program; and, 2. Authorize the Public Works Director to sign Amendment #2 to the Grant Agreement which transfers the Grant to the City of Atascadero and extends the project performance period to May 1, 2011. [Public Works] 9. Temporary Road Closure — Colony Days Parade Route ■ Fiscal Impact: Staff time required for traffic control and clean-up related to this event. ■ Recommendations. Council: 1. Adopt the Draft Resolution establishing a temporary Colony Days Parade Route and associated tow-away zones; and 2. Approve the following No Parking zone, road closures and tow-away zones for the Parade and related events: • Friday, October 17th thru Sunday, October 19th, 2008 - 6:00 a.m. until 5:00 p.m. Establish No Parking and tow-away zone o East Mall - south side only from 5901 B to the entrance to City Parking Lot • Saturday, October 18, 2008 6 a.m. until 5:00 p.m. Establish road closure and tow-away zone o West Mall from EI Camino Real to Lewis Avenue o East Mall from EI Camino Real to Lewis Avenue o Palma Avenue from East Mall to West Mall • Saturday, October 18, 2008 from 8:00 a.m. until 1:00 p.m. Establish road closure and tow-away zone o EI Camino Real from Curbaril to Traffic Way o Entrada Avenue from EI Camino Real to Lewis Avenue o Lewis Avenue from Traffic Way to Capistrano o West Mall from EI Camino Real to Olmeda o San Luis Avenue from Curbaril to Pueblo o Pueblo Avenue from San Luis Avenue to EI Camino Real o Palma Avenue from East Mall to Traffic Way[Public Works] 10.Temporary Road Closure —Via Avenue Bridge ■ Fiscal Impact: None. ■ Recommendation. Council approve a request for the temporary closure of the Via Avenue Bridge for a guard railing replacement project, exact dates to be determined. [Public Works] 11.Temporary Road Closure — Calvary Chapel of Atascadero ■ Fiscal Impact: None. ■ Recommendation: Council approve a request by Calvary Chapel of Atascadero for the closure of Palma Avenue from East Mall to West Mall from 5:00 p.m. Friday, September 12th to 10:00 p.m. Saturday, September 13th for an event in the Sunken Gardens. 12.North County Transit Operator's Agreement ■ Fiscal Impact: $35,000 per year to be programmed from region-wide FTA 5307 funds for administrative overhead. ■ Recommendation: Council approve the attached Operator's Agreement between the San Luis Obispo Council of Governments, the County of San Luis Obispo, the San Luis Obispo Regional Transit Authority (RTA) and the Cities of Atascadero and Paso Robles. [Public Works] 13.Pump Repair Services ■ Fiscal Impact: The costs of Pump Repair Services are billed directly to previously allocated equipment repair accounts. ■ Recommendations: Council authorize the City Manager to enter into ongoing contracts, when needed, for contract pump repair services with the following providers: Perry's Electric Motor's & Controls Santa Maria Tool, Inc. Nickson's Machine Shop, Inc. PC Mechanical Inc. [Public Works] COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) B. PUBLIC HEARINGS 1. Confirming the Cost of Vegetative Growth and/or Refuse Abatement ■ Disclosure of Ex Parte Communications ■ Fiscal Impact: The City will receive $155,887.00 from the 2008/2009 property tax rolls in weed abatement / refuse abatement assessments. ■ Recommendation: Council adopt the Draft Resolution, confirming the cost of vegetative growth (weeds) and/or refuse (rubbish) abatement. [Fire] C. MANAGEMENT REPORTS 1. Wal-Mart Project and EIR Update — EIR Request of Proposal Process ■ Fiscal Impact: The fiscal impact of this process on the City is expected to be minimal. The City's cost recovery fees will require that planning staff time is covered for the preparation of the EIR. Additional processing fees for the General Plan amendment and planned development process will cover additional staff time. ■ Recommendations: Council: 1. Direct staff to issue a request for proposals (RFP) for an Environmental Impact Report (EIR) per the City's purchasing policy for the Wal-Mart project; and, 2. Modify staff authorization to process a Planned Development rather than a Specific Plan for the Wal-Mart application by adopting Draft Resolution A. [Community Development] 2. Dormant Building Permit Applications and Unpaid Plan Check Fees Update — Potential Time Extension Program ■ Fiscal Impact: Collection of unpaid plan check fees is estimated to provide a financial benefit to the City of approximately $150,000±. ■ Recommendation: Council direct staff to prepare a Title 8 code text amendment to retroactively extend dormant and expired single family residential, multi-family residential, industrial, and commercial building permit applications to December 31, 2009, once all outstanding, unpaid plan check fees have been paid. [Community Development] 3. Campaign Finance Ordinances and Related Issues ■ Fiscal Impact: Contingent on the direction from Council. [City Attorney] 4. Informational Background Report — Drive-Throughs — Overview of Zoning Issues and Impacts ■ Fiscal Impact: None. ■ Recommendation: Council provide staff and Planning Commission with policy interpretation and direction on drive-through facilities. [Community Development] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Brennler 1. County Mayor's Round Table 2. Air Pollution Control District (APCD) 3. Finance Committee Mayor Pro Tem Beraud 1. Integrated Waste Management Authority (IWMA) 2. City / Schools Committee Council Member Clay 1. City / Schools Committee 2. Atascadero Youth Task Force Council Member Luna 1. Finance Committee Council Member O'Malley 1. S.L.O. Council of Governments (SLOCOG) 2. S.L.O. Regional Transit Authority (SLORTA) 3. Economic Vitality Corporation, Board of Directors (EVC) 4. League of California Cities — Council Liaison and CITIPAC Board Member E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager a. Commission Attendance Report i 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, Marcia McClure Torgerson, City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the August 12, 2008 Regular Session of the Atascadero City Council was posted on August 5, 2008 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 5t" day of August, 2008 at Atascadero, California. Marcia McClure Torgerson, C.M.C., Cj Clerk City of Atascadero �J 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.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped 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 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. You must approach the lectern and be recognized by the Mayor 2. Give your name and address (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 7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. 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 brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the lectern and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). • City oAtascadero Office of the City Clerk TO: City Council FROM: Marcia McClure Torgerson City Clerk / Assistant to the City Manager SUBJECT: Additional Information Provided to City Council after Agenda Packet Distribution DATE: August 11, 2008 Attached is additional information that was provided after the City Council Agenda Packets were distributed. This information pertains to: Agenda Item Number C-3 City Council Meeting Date: 8/12/08 This information will also be distributed to those on the Agenda Packet mailing list. xc: W. McKinney • City O Atascadero Office of the City Clerk TO: Wade McKinney, Joe Modica, Brian Pierik, Department Heads, Susanne Anshen, Steve McHarris, City Hall Reception, Atascadero News, Atascadero Library, The Tribune FROM: Marcia McClure Torgerson City Clerk/Assistant to the City Manager SUBJECT: Additional Information Provided to City Council after Agenda Packet Distribution DATE: August 11, 2008 Attached is additional information that was distributed to the City Council after the City Council Agenda Packet was distributed. This information pertains to: Agenda Item Number C-3 City Council Meeting Date: 8/12/08 Supplemental Report 08/12/08 Ilk Atascadero City Council Staff Report - City Attorney Supplemental Report Campaign Finance Ordinances and Related Issues DISCUSSION: The City Attorney's Office (CAO) submitted a Report to the City Council at its meeting on July 8, 2008. At that meeting, the City Attorney presented the staff report and there were comments from the public. The Council continued this item to a future meeting for further consideration. The July 8, 2008 Report included a discussion regarding the issues associated with posting Form 460s on the internet due to confidentiality issues, including the confidentiality of addresses for certain contributors including elected officials and criminal prosecutors. The purpose of this Supplemental Report is to provide additional information on the confidentiality issue as it pertains to internet posting of Form 460s. Government Code Section 6254.21(Attachment 18) provides that the city may not post on the internet the home address or telephone number of any elected or appointed official on the internet without first obtaining the written permission of that individual. Subsection (f) of 6254.21 gives 16 categories of person who are considered "elected or appointed officials" and #13 is public safety officials as defined in Section 6254.24(Attach ment 19). Section 6254.24 defines "public safety official" to include categories (a) to (1) which is another 12 categories. There is some overlap in the categories of those with confidential addresses which cannot be posted on the internet without written permission of the individual. However, it appears that there are approximately 25 categories of people that the City would have to redact addresses for if the 460s are to be posted on the internet which would involve a significant amount of manpower assuming the City was even able to identify which contributors fall into which of these categories. We believe this may explains why the cities which do post Form 460s on the internet redact the addresses. Supplemental Report 08/12/08 FISCAL IMPACT: Depending upon the direction we may receive from the City Council, we will then be in a position to provide an estimate of the expenses that would be associated with the preparation of any documents or further reports, the extent of staff time which would be involved with implementing Council direction and the cost of enforcement of any campaign ordinance. ATTACHMENTS: 1. Government Code Section 6254.21 2. Government Code Section 6254.24 Westilaw. West's Ann.Cal.Gov.Code § 6254.21 Page 1 C Effective: January 1, 2006 West's Annotated California Codes Currentness Government Code(Ref's& Annos) Title 1. General Division 7. Miscellaneous 11w Chapter 3.5.Inspection of Public Records(Refs &Annos) %g Article 1. General Provisions(Refs &Annos) _+ § 6254.21. Posting or sale of elected or appointed official's personal information on Inter- net, remedies for violation, liability of computer service or software provider (a)No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual. (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c)(1) No person, business, or association shall publicly post or publicly display on the Internet the home ad- dress or telephone number of any elected or appointed official if that official has made a written demand of that person, business, or association to not disclose his or her home address or telephone number. A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature, a city council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that offi- cial or of any person residing at the official's home address. A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period. For this purpose, "publicly post" or"publicly display"means to intentionally communicate or otherwise make available to the general public. (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the offi- cial court costs and reasonable attorney's fees. (d)(1) No person, business, or association shall solicit, sell, or trade on the Internet the home address or tele- phone number of an elected or appointed official with the intent to cause imminent great bodily harm to the offi- cial or to any person residing at the official's home address. (2) Notwithstanding any other provision of law, an official whose home address or telephone number is soli- cited, sold, or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a 2008 Thomson Reuters/West.No Claim to Orig.U.S. Govt.Works. West's Ann.Cal.Gov.Code § 6254.21 Page 2 maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the Unitcd States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the follow- ing: (1) State constitutional officers. (2)Members of the Legislature. (3)Judges and court commissioners. (4)District attorneys. (5)Public defenders. (6)Members of a city council. (7)Members of a board of supervisors. (8)Appointees of the Governor. (9)Appointees of the Legislature. (10)Mayors. (11) City attorneys. (12)Police chiefs and sheriffs. (13)A public safety official as defined in Section 6254.24. (14) State administrative law judges. (15)Federal judges and federal defenders. (16)Members of the United States Congress and appointees of the President. (g)Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. CREDIT(S) (Added by Stats.1998, c. 429 (S.B.1386), § 4. Amended by Stats.2002, c. 621 (A.B.2238), § 2; Stats.2005. c. 343 (A.13.1595). § 1.) Oc 2008 Thomson Reuters/West.No Claim to Orig.U.S. Govt. Works. West's Ann.Cal.Gov.Code § 6254.21 Page 3 Current with urgency legislation through Ch. 235 of 2008 Reg.Sess. and Ch. 7 of 2007-2008 Third Ex.Sess., and Prop. 99 (C) 2008 Thomson Reuters/West END OF DOCUMENT ©2008 Thomson Reuters/West.No Claim to Orig.U.S. Govt. Works. Westlaw. West's Ann.Cal.Gov.Code§ 6254.24 Page 1 C Effective: January 1, 2007 West's Annotated California Codes Currentness Government Code(Refs& Amios) Title 1. General Division 7. Miscellaneous 11W Chapter 3.5. Inspection of Public Records(Refs &Annos) Article 1. General Provisions(Refs & Annos) —0 § 6254.24. "Public safety official" defined As used in this chapter, "public safety official"means the following: (a)An active or retired peace officer as defined in Sections 830 and 830.1 of the Penal Code. (b)An active or retired public officer or other person listed in Sections 1808.2 and 1808.6 of the Vehicle Code. (c)An "elected or appointed official"as defined in subdit isiou (f) of Section 6254.21. (d)An attorney employed by the Department of Justice, the State Public Defender, or a county office of the dis- trict attorney or public defender,the United States Attorney, or the Federal Public Defender. (e)A city attorney and an attorney who represent cities in criminal matters. (f) A specified employee of the Department of Corrections and Rehabilitation who supervises inmates or is re- quired to have a prisoner in his or her care or custody. (g) A sworn or nonsworn employee who supervises inmates in a city police department, a county sheriffs office, the Department of the California Highway Patrol, federal, state, or a local detention facility, and a local juvenile hall,camp, ranch, or home,and a probation officer as defined in Section 830.5 of the Penal Code. (h) A federal prosecutor, a federal criminal investigator, and a National Park Service Ranger working in Califor- nia. (i) The surviving spouse or child of a peace officer defined in Section 830 of the Penal Code, if the peace officer died in the line of duty. 0) State and federal judges and court commissioners. (k)An employee of the Attorney General, a district attorney, or a public defender who submits verification from the Attorney General, district attorney, or public defender that the employee represents the Attorney General, district attorney, or public defender in matters that routinely place that employee in personal contact with per- sons under investigation for, charged with, or convicted of, committing criminal acts. (1) A nonsworn employee of the Department of Justice or a police department or sheriffs office that, in the ©2008 Thomson Reuters/West.No Claim to Orig.U.S. Govt. Works. West's Ann.Cal.Gov.Code§ 6254.24 Page 2 course of his or her employment, is responsible for collecting, documenting, and preserving physical evidence at crime scenes, testifying in court as an expert witness, and other technical duties, and a nonsworn employee that, in the course of his or her employment, performs a variety of standardized and advanced laboratory procedures in the examination of physical crime evidence, determines their results, and provides expert testimony in court. CREDIT(S) (Added by Stats.2002. c. 621 (A.13.2238), § 3. Amended by Stats.2003, c. 468 (5.13.851), § 4; Stats.2006, c. 466- (S.13.50()). 66(S.13.506). § 7; Stats.2006,c. 472 (A.13.2005), § I.) Current with urgency legislation through Ch. 235 of 2008 Reg.Sess. and Ch. 7 of 2007-2008 Third Ex.Sess., and Prop. 99 (C) 2008 Thomson Reuters/West END OF DOCUMENT 2008 Thomson Reuters/West.No Claim to Orig. U.S.Govt. Works.