Loading...
HomeMy WebLinkAboutAgenda Packet 06/03/1988 r CINDY WILKINS DEPUTY CITY CLERK A G E N D A ATASCADERO CITY COUNCIL SPECIAL OPEN MEETING ATASCADERO; ADMINISTRATION BUILDING FOURTH FLOOR, CLUB ROOM JUNE 3, 1988 5 307P N.. 1 PROPOSED CONTRACT FOR INTERIM ADMINISTRATIVE SERVICES DIRECTOR POSITION WITH DAVID G. JORGENSEN 2. RESOLUTION 37-88 OBJECTION TO PROPOSED COAL-FIRED POWER PLANT TO BE LOCATED NEAR LOCKWOOD NOTE THIS MEETING WILL BE .ADJOURNED TO RECONVENE IN A SPECIAL CI SM COUNCIL SESSION REGARDING PERSONNEL MATTERS ON FRIDAY, 'JUNE 10, 1988 AT 5 :00 P.M. TO BE HELD IN THE ADMINISTRATION BUILDING, FOURTH FLOOR CLUB ROOM. • CONTRACT OF EMPLOYMENT INTERIM ADMINISTRATIVE SERVICES DIRECTOR DAVID G. JORGENSEN THIS CONTRACT is entered into by and between the CITY OF ATASCADERO, State of California, (hereinafter) referred to as "City" , and David G. Jorgensen as a Contract Person (hereinafter) referred to as "Contractor" . WITNESSETH: WHEREAS-, the City of Atascadero desires to hire a person to fill, on an interim basis, the job classification of Administra- tive Services Director; and WHEREAS, Contractor is qualified to perform such services for the City. NOW, THEREFORE, the parties do mutually agree as follows : 1 . Employment City hereby engages Contractor and Contractor hereby agrees to , perform for City the services hereinafter set. forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2 . Scope of Service. Pursuant to this Contract, Contractor shall provide to the . City services ordinarily performed by the Administrative Services Director position. Contractorshall accomplish a variety of technical and, professional tasks related to personnel, finance and data processing, including budget preparation, data processing system implementation, coordinate with City' s labor negotiator, supervise Finance Department, coordinate outside independent auditing services, perform budgeting and purchasing control, ' provide finance and personnel assistance to City departments', and perform other duties as generally described in Attachment "A" . In preparation' of City- of Atascadero Fiscal Year 1988/89 Budget, Contractor shall commence with budget responsibilities in _accordance with budget calendar schedule ,and shall oversee budget preparation under supervision of City Manager, through adoption by City Council . • Contractor shall perform said services and such other tasks as may be assigned by the City Manager under the supervision and control of the City Manager or his representative. T 3 . Contractor Status. Contractor understands and agrees that he is not, and will not be, eligible for membership in or any benefits from any City group plan for hospital, surgical or medical insurance, or for membership in any City retirement program, or for paid holidays , vacation, sick leave, or other leave, with or without pay, or any other job benefits accruable to an employee in the service of the City, including worker' s compensation. Contractor understands and agrees that his term of service is governed by this Contract, that no right of tenure is created hereby, and he does not hold a position in any department or office of the City, and that his service to the City under this Contract is governed solely and in all respects by the term of this Contract. 4 . Warranty of Contractor. Contractor warrantsthathe is qualified to provide the services herein agreed to. 5 . Compensation. City shall pay to Contractor as compen- sation in full for all services performed by Contractor pursuant to this Contract the sum of $24 . 00 per hour. Contractor shall be reimbursed for personal, out-of-pocket expense for meeting attendance in accordance with City policy: Claims for all compensation and expenses shall be submitted by Contractor weekly. Paymentsbythe City shall be made in accordance with established City procedures on a weekly basis to coincide with the City' s accounts payable billing cycle. 6 Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party thirty (30) calendar days written notice of such- termination ; specifying the effectivedateof such termination. Termination shallhaveno effect upon the rights and obligations of the parties arising out of any termination occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date- of such termination. 7 . Termination of Contract for Cause. If Contractor fails to fulfill, in a timely and professional manner, hisobligations under this Contract, or if Contractor shall violate any of the terms or provisions of this Contract, City shall have the right to terminate his Contract effective immediately upon the City' s giving ten ( 10) calendar days written notice thereof to Contrac- tor. Terminationshall have no effect upon the rights and obligations of the parties arising out of any transaction occur- ring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed, as deter- mined by _City, prior to the effective date of such termination. 2 8 . Modification. This Contract constitutes the entire understanding of the parties hereto and no changes, amendments,. or alterations shall be effective unless in writing and signed by both parties . 9 . Non-Assignment of Contract. This Contract is intended to secure the individual services of the Contractor. Any attempt by Contractor to assign, transfer, delegate or sublet this Con- tract, or any interest therein, without the City' s prior written consent shall cause this Contract to be null and void. 10 . Covenant. The validity, enforceability and inter- pretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. 11 . Enforceability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 12 . Actions. In the event of any action or suit upon this Contract, the prevailing party shall be entitled to receive reasonable attorney' s fees and costs . It is agreed that any breach of this Contract by the Contractor shall entitle the City to apply to any court of competent jurisdiction to enjoin any violation, threatened or actual , of the Contract. 13 . Nondiscrimination. There shall be no discrimination against any person employed pursuant to this Contract in any manner forbidden by law. 14 . Conflicts of Interest. No office, employee, director or agent of the City shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested, nor shall any such person have any interest, direct or indirect, in this Contract or the provisions thereof . 15 . Term. _ City agrees to provide a maximum of 40 hours contract empioyment per week. Contractor agrees to provide a minimum of 32 hours contract employment per week. The term of this Contract shall be for a period commencing June 8 , 1988 , and shall continue until November 30, 1988 , or as extended by mutual agreement of the parties . IN WITNESS WHEREOF, City and Contractor have executed this Contract on the day and year hereinabove set forth. 3 • CITY OF ATASCADERO BARBARA NORRIS Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN City Attorney APPROVED AS TO CONTENT: CONTRACTOR: WILLIAM C. HANLEY DAVID G. JORGENSEN Interim City Manager Contractor 4 • RESOLUTION NO. 37-88 A RESOLUTION OF THE ATASCADERO CITY COUNCIL OPPOSING THE PROPOSED COAL-FIRED COGENERATION POWER PLANT NEAR LOCKWOOD IN MONTEREY COUNTY' WHEREAS, a proposal has been submitted to amend Monterey County' s South County General Plan (1987 ) to enable establish- ment of a cogeneration power plant to provide steam for the removal of oil and for the generation of electricity near Lockwood in southern Monterey County; and WHEREAS, an environmental impact report has been prepared for said facility which has just recently come to the attention of the community of ' Atascadero in northern San Luis Obispo County; and WHEREAS, the characteristics of this proposed facility; have major regional impacts clearly not addressed in said E. I.R. ; and • WHEREAS, said impacts include drafting 1-,063 acre feet of water per year; construction near known and suspected active earthquake faults; removal of land from agricultural use; threatened ground water contamination from hazardous material spills, groundshaking, or through errant steam" injection processes; aesthetic impacts of a major industrial area in an otherwise pastoral setting; impacts on wildlife including threats to eagles from high tension lines; solid waste disposal impacts from the bottom waste and fly ash generated from the combustion of 625 tons of fuel per day; and WHEREAS, the City of Atascadero is 45 miles south of said site which is projected to contribute 957 - tons of "criteria" pollutants into the atmosphere per year; and WHEREAS, the E . I.R. is silent on the impacts of said facility on Atascadero and North San Luis Obispo County other than recognizing that the prevailing winds are fromthenorthwest three seasons of the year; and WHEREAS, the E.I .R. was predicated on the construction of one 49 . 9 megawatt cogeneration plant; and WHEREAS, the applicants have, in fact, two purchase agreements at 49 . 9 kw each with Pacific Gas and Electric Company; and WHEREAS, the E .I .R. does not address the complete impacts of implementation of said purchase power agreements and is thereby fatally flawed; and WHEREAS, the E.I .R. does not identify where the coal from Utahwillbe off-loaded and, therefore, cannot address the off- site impacts of 34 to 275 vehicle trips per day accessing the Lockwood site; and WHEREAS, the E.I.R. does not identify the location of interconnect lines to P.G. & E. thereby falling short of a reasonable evaluation of said impacts; and WHEREAS, 510 acres of the 1,121 acres controlled by the applicant are under Williamson Act contracts for agricultural preservation; and WHEREAS, the proposed facility' s primary function would be the generation of electricity for sale which function violates the purposes of the State' s Williamson Act program. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby oppose the proposed projects as unsound in concept and contradictory tothewell-being of Northern San Luis Obispo and Southern Monterey Counties and urges - that the Board of Supervisors of Monterey find the E. I.R. inadequate and • deny the General Plan application. On motion by and seconded by , the motion was approved by the following roll call vote: AYES NOES : ABSENT: DATE ADOPTED: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS .TO FORM: • JEFFREY G. :JORGENSEN, City Attorney APPROVED AS TO CONTENT: WILLIAM HANLEY, Interim City Manager PREPARED BY: HENRY EN EN, Communit Develop ent Director 0