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HomeMy WebLinkAboutAgenda Packet 05/09/1995 * PUBLIC REWEW COPY Tease do not remove from counter AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM Tuesday, May 9, 1995 7:00 P.M. This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description.of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy ormission of the item;discontinuance of consideration;authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk (Room 208) and in the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City,please contact the City Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461-5074). Notifica- tion 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. RULES OF PUBLIC PARTICIPATION: PLEASE SEE BACK PAGE CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL COMMENTS PROCLAMATIONS: o Expressing appreciation to CalTrans for prompt replacement of Curbaril Bridge o "Earthquake Preparedness Month", April 1995 (Police Department) o "Be Kind to Animals Week", May 7-13, 1995 (No. Co'. Humane Society) o "Emergency Medical Services Week", May 14-20, 1995 (Twin Cities Hospital) o "Head Start Month", May 1995 (Economic Opportunity Commission) 0 "Water Awareness Month", May 1995 COMMUNITY FORUM: Please see "Rules of Public Participation" (Back Page) A. CONSENT CALENDAR: A#matters listed under Item A, Consent Calendar, are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES April 25, 1995 City Clerk recommendation: Approve 2. APPROVAL OF WARRANTS FOR THE MONTH OF APRIL, 1995 Staff recommendation: Review and accept 3. RESOLUTION NO. 3495 - Authorizing execution of Proposition 116 fund transfer agreements for EI Camino Real and Traffic Way bikeway projects Staff recommendation: Adopt 4. APPROVAL OF MEMORANDUMS OF UNDERSTANDING (MOUs) WITH EMPLOYEE BARGAINING UNITS Staff recommendation: Adopt A. Resolution No. 35-95 - Mid-Management Unit B. Resolution No. 36-95 - Atascadero Sergeants Service Organization C. Resolution No. 37-95 - Atascadero Police Officers Association D. Resolution No. 38-95 - Atascadero Public Safety Technicians Organization E. Resolution No. 39-95 - Confidential Unit 5. ECONOMIC ROUND TABLE - Revisions to Resolution No. 01-95 re: membership Staff recommendation: Adopt B. PUBLIC HEARINGS: None scheduled. C. REGULAR BUSINESS: 1. LIGHTING THE LAKE - Consideration of request by the Rotary Club of Atascadero for support of club project to provide decorative lights along an improved walking path around Atascadero Lake Staff recommendation: Endorse and refer to Parks & Recreation Commission 2 2. REQUEST TO NAME BALLFIELD IN MEMORY OF THE LATE JARED T. CUNNINGHAM Staff recommendation: Approve and refer to Parks & Recreation Commission 3. 1996 GENERAL MUNICIPAL ELECTION - Selection of Municipal Election date Staff recommendation: Change municipal election date to,November cycle 4. LAFCO - Proposed revisions to LAFCO's "Standards for the Evaluation of Proposals" Staff recommendation: Provide staff direction 5. RESOLUTION NO. 41-95 - Authorizing agreement with the Atascadero Recrea- tion Center Committee for funding of a Youth Coordinator position and related costs Staff recommendation: Adopt 6. RESOLUTION NO. 40-95 - Authorizing the execution of a MOU with the consortium for Community Media Staff recommendation: Adopt 7. ORDINANCE NO. 287 - Proposed amendment to Zoning Ordinance text comprehensively amending the uses allowed in the CN Neighborhood Commercial zone (Hawkins Plaza/Golden West Development) Staff recommendation: (1) Motion to adopt on second reading by title only) D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1 . S.L.O. Council of Governments/S.L.O. Regional Transit Authority 2. City/School Committee 3. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group 4. Economic Round Table 5. Finance Committee 6. Highway 41 Realignment Community Advisory Committee 7. Air Pollution Control District 8. Upper Salinas River Coordinated Resource Management and Planning Committee 9. North County Council E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 3 F. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation: Nine (9) cases 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: City of Atascadero v. Orange County 3. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Andrew Takata Employee organization: Management Unit �i 4 RULES OF PUBLIC PARTICIPATION: The City Council welcomes and encourages your ideas and comments as a citizen. To increase the effectiveness of your participation, please familiarize yourself with the following rules of decorum: O Members of the audience may speak on any item on the agenda, in the order the item(s) are addressed by the Council, as directed by the Mayor. Items not on the agenda should be submitted during the Community Forum period (see below). o Persons wishing to speak should step to the podium and state their name and address, for the official record. o All remarks shall be addressed to Council, as a whole, and not to any individual member thereof. o No person shall be permitted to make slanderous, profane or personal remarks against any elected official, commissions and staff. O A person may speak for five (5) minutes. O 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. o Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. o The floor will then be closed to public participation and open for Council discussion. COMMUNITY FORUM: o The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. o A maximum of 30 minutes will be allowed for Community. Forum, unless Council authorizes an extension. o State law does not allow the Council to take action on issues not on the agenda; staff may be asked to follow up on such items. I I EXPRESSING THE CITY'S APPRECIATION TO CA.LTRANS FOR THE PROMPT REPLACEMENT OF THE CURBARIL BRIDGE WHEREAS, The heavy winter storms o f 1995 led to the failure o f the;Highway 41 Bridge crossing the Salinas River at Curbaril Avenue on March 10, 1995; and WHEREAS, The absence of this crossing caused great inconvenience tjo area residents and posed a health and safety danger by yrecluding ready emergency services to iresidents east of the Salinas River; and i WHEREAS, The City Council of the City of Atascadero requested Caltrans to ayeditiously yrovide for an interim crossing of the river; and t ands the demands the emer en laced on c Trans ersonnel and �r�-tEREAS, NOtwi hst ng g cy p y resources, they constructed a temyorary bridge that opened to traffic on May; Ist 1995; NOW, THEREFORE, The City Council o f Atascadero hereby exyressis its apyreciation to Ken Nelson, District Director of CalTrans's District 5, and his able staff;for their sigIcant contribution that this feat makes to the well-being of the community and surtounding area. i I R. DAVID BEWLEY Mayor 1 City 0 f Atascadeto, CA 1 Dated: May 9,' 1995 i I 1 3 "California EgAlLfI& Preparedness month-; ri1 1995 � a WHEREAS, The State of Calfornia continues to experience devastating seismic acttvtty that causes loss of 1 fe and propertj, as evidenced by the magnitude 6.7 Northridge earthquake in Los Angeles county on January 17, 1994, the magnitude 7.3 Landers earthfi ke in San Bernardino tIounty on June 28, 1992 (the largest to occur In calffornta since 1952) and the magnitude 7.1 Capel Mendocino earthquake in Humbolt County on Ayril 25, 1992; and WHEREAS, Governor Pete Wilson has expressed his commitment to earthquake yreparedness by proclaiming Ayril as California Earthquake Preyaredness Month and urging californt0s to learn earthquake safety measures; and WHEREAS, The loss of life and yroperty can be greatly reduced if ayyrgpr ate earthquuake yreyaredness measures are taken before, during and after a damaging earthquake; ani WHEREAS, These lifesaving yrocedures will be highlighted during the mond' of Ayril as the Governor's office of Emergency Services, with the assistance of city and county emerjency services offices and other governmental agencies, service organizations, educational institutions, businesses end Neighborhood watch groups, provides earthquake safety information to citizens throughout the stateI and i WHEREAS, The measurespresented in the "THE NEXT QUAKE, READY? -OR NOT." campaign should increase public awareness regarding proper procedures to follow durin4 a tremor; and WHEREAS, This important earthquake safety information should be studied and observed throughout the year in order to reduce injuries, Ioss.of life and property damage during an earthquake; NOW, THEREFORE, The Atascadero city Council does hereby yroclaim Aril 1995 as �Eartluluake Preycrdwss Month- and encourages aU citizens to enhance their know4 and awareness o f yroper safety measures to follow before, during and after an earthquake. i R. DAVID BEWLEY, Mlayor City of Atascadero, califoit6 { May 9, 1995 I I I I 1 "BE KIND TO ANIMALS WEEK" May 7-13, 1995 WHEREAs, we have been endowed not only with the blessings and benef tts o f our animal friends, who give us comyanionsht and great pleasure in our daily lives, �t also with a firm responsibility to protect these fellow creatures with which we share the earth from need, pain, fear and suffering; and WHEREAS, we recognize that teaching attitudes o f kindness, consideration and respect for all living things through humane education to the schools and the community,, helps to provide the basic values on which a humane and civilized society is built; and i d wHmEAs, The yeoyle to the city Of Ataseadero are deeyly indebted, to their animal care and control agencies for their invaluable contribution to caring for lost and unwanted animals, instilling humane values in our children through humane education yrograms gnd promoting a true workingfrit o kindness and :consideration or animals to the minds and he ' o all eo le• and �' f f f pp � wHEREAs, The first full weeko f May has been set as the Owl celebration o f the national week :observing the phtlosoyhy of kindness to animals, for the 80th dear; 1 NOW, THEREFORE, .I David Bewley, Mayor of the Council of the City of Ataseadero do hereby yroclatm May 713, 1995 as "Be Khd to Anfmals week, and do heartily commend to all our citizens a full p ragat%on in any events related thereto in this dommunity. R. DAVID BEWLEY, Ma or City o f Atascadel CA May 9, 1995 � � NORTH COUNTY HUMANE SOCIETY A Non-Profit Volunteer Animal Welfare Organization RECE D�� Pit U j l t ATASCr ERC) MY Y V; itq,I GER April 26, 1995 Cindy Wilkins Secretary to the City Manager Room 207, City Hall 6500 Palma Atascadero, CA 93422 Dear Cindy: On behalf of the North County Humane Society, we're requesting that the city of Atascadero proclaim the week of May 7, 1995 through May 13, 1995 as "Be Kind to Animals Week". This is the 80th anniversary celebration of Be Kind to Animals Week. Sponsored by the American Humane Association and recognized by the 103rd Congress, it is now the oldest week of its kind in the nation. . It is our understanding that we can be placed on the agenda for the May 9th City Council meeting. North County Humane Society Board President, Sandra Rak-estraw will be present to receive the Official Proclamation. Please call either of us to confirm that this item has been placed on the agenda. Thank you. Sincerelv, „Tan Lynch, 1st Vice President N cyZdman, Director At Large 466-8195 466-5832 5935 TRAFFPC WAY ATASCADERO, CALIFORNIA 93422 PHONE: (805) 462-AFAR or 466-5403 N "EMERGENCY MEDICAL SERVICES WEEK" May 14-20, 1995 { WHEREAS, Emergency medical services is a vital public service; and WHEREAS, The members of emergency medical services teams are ready to yrovidej lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, Access to duality emergency care dramatically improves the survival aid recovery rate Of those who ayerience sudden illness or injury; and a WHEREAS, only a third of Americans rate their households as being "very VCR epared" for a medical emergency; and WHEREAS, Emergency medical .services providers have traditionally served as the safety net of America's health care system; and WHEREAS, Emergency media services teams consist of emergency physicians, emergency nurses, emergency medical technicians, yaramedics, firefighters, educators, administrators and others; and i WHEREAS, oximatel two-thirds o all emergencymedical services roviders ale volunteers; and �' y f p WHEREAS, The members of emergency medical services teams, whether -career nr volunteer, engage in thousands of hours of specialized training and continuing education :to enhance their lifesavir'9 skills; and j WHEREAS, Americans benefit daily from the knowledge and skills of these highly gained individuals; and { WHEREAS, It is appropriate to recognize the value of accomplishments of emergency medical services yroviders by designating Emergency Medical services week; Now, THEREFORE, I David Bewley, mayor of the City of Atascadero, in recognition of this event and of the services of the emerpty medical services yersonnel in the North County do hereby y>oclaim the week of May 14-20, 1995 as 'EMERGENCY MEDICAL SERVICES WEEK" 1 r R. DAVID BEWLI37, Mayor City of Atascadero, CA Dated: May 9, 1'95 ; i I • r r--- RECEIVED i F `„ ADERO CITY MANAGER TwinCitiesCommuni"ospital " 7100 Las Tablas Road HAROLD E. CHILTON Templeton, California 93465 Chief Executive Officer (805)434-3500 March 16, 1995 David Bewley Mayor, City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mayor Bewley: May 14-20, 1995 will be recognized nationwide as Emergency Medical Services Week. As part of this recognition, it would be appropriate for the cities of the North County to authorize proclamations of observance. Attached is a proposedproclamation for consideration by your council. If you have any questions, please contact me. 7 S lY Steve in Director of Marketing and Community Relations SM/cj "HEAD START MONTH" May, 1995 WHEREAS, project Head Start started as a summer program launc�ed in 1965 by the ofce o f the Economic opportunity Commission to help break the cycle of )overty by providing preschool children of low-income families with a comprehensive program; and wHEREAs, This program was designed to meet the emotional, socias health, nutritional and psychological needs of children entering school for the first time; and WHEREAS, This Head Start program was enthusiastically received;, by educators, child development specialists, community leaders and parents across the nation; and WHEREAS, In 1969 Head start was delegated from the _Office of the Economic opportunity Commission to the office .o f Child Development in the U.S. Department o f Health, Education and welfare and has thus served almost 14,594,000 (fourteen million, five hundred ninety four thousand) children and their families since 1965; and WHEREAS, 1995 marks the 30th year of the Head Start program lin Safi Luis Obispo; and NOW, THEREFORE, I David Bewley, Mayor of the City of AWCadero, _do hereby acknowledge the excellent contributions of this organization in our community; by proclaiming the month o f May, 1995 as "BEAD START MONTH" ! i R. DAVID BEWLEY, Mayor City of Atascaderjo, CA Dated: May 9, 1995 x.v RECEIVED X,st 880INDUSTRIAL VIAY � , SAN LUIS OBISPO APR. 3115 CALIFORNIA 93401 ECONOMIC OPPORTUNITY • COMMISSION . SINCE1965ATSuk,ir t,= T: (805)544435> Mayor David Bewley City of Atascadero 6500 Palma Atascadero, CA 93422 April 11, 1995 Dear Mayor Bewley, The parents, children and administration of the Economic Opportunity Commission of San Luis Obispo County, Inc. Head Start Program wish to notify you that this year marks the 30th Anniversary for the Head Start Program. San Luis Obispo County has ten Head Start Centers who join more than 9,000 Head Start Centers across the country in celebrating the programs founding. Since its' establishment in 1965, Head Start has provided comprehensive health, education, nutrition, parent involvement and social services to more than 14.5 million preschool children from low income families nationwide. We are requesting that the month of May be declared: Mead Start Month Your assistance on this matter will be greatly appreciated by all current, former and future Head Start children and families of San Luis Obispo County. Sincerely, William Castellanos Program Director Child, Youth and Family Services Head Start/Migrant Program WC/cjp enclosures - Sample Proclamation .Cnild Care Resource Connection.Emergent'Services.Eneigr Conservation•Weatherization Senates. .Family,Planning Services.Head Start.Homeless Shelter.Migrant Cbild Care.Senior Health Screening.Teen Parenting Program. L)niGetl Way "Water Awareness Month" May 1995 WHEREAS, water is a basic and essential need of humankind; and wHEREAs, our health, comfort and standard of living depend uyon a reliable supyly of clean water; and WHEREAS, The 1995 record rainfall is a rare occurrence that offers oNly temyorary relief to Cali f ornia's threatened water supply; and WHEREAS, The recent sU year drought taught us that using our limited water resources wisely must become a way of life; and WHEREAS, The city of Atascadero believes that citizens should have a safe and deyendable supyly of water, both now and in the future; and WHEREAS, water use in many areas of San Luis Obispo county is apyrokching the safe annual yield of our natural local sur face water and groundwater resources; and WHEREAS, we join with the Atascadero Mutual water company and 'the California water Awareness committee, comyosed of various urban and agricultural water communities, in calling uyon each citizen to be a resyonsible water user rotectin our water resources om of ution, conservin and p g �" by getting involved; NOW, THEREFORE, I David Bewley do hereby proclaim May, 1995, as "water Awareness Month" in the city of Atascadero and urge all citizens to recognize the value, imyortance and fragility of our water resources and encourage everyone to use water wisely. A R. DAVID BEWLEY, Mayor. City of Atascadero, Califo>mia May 9, 1995 3 Agenda Item: A-1' Meeti g Date: 05/09/95 ATASCADERO CITY COUNCIL APRIL 25, 1995 MINUTES The Mayor called the meeting to order at 7:05 p.m. and led the PI 3dge of Allegiance. ROLL CALL: Present: Councilmembers Carden, Highland, J hnson, Luna and Mayor Bewley Absent: None Also Present: Lee Price, City Clerk Staff Present: Andy Takata, City Manager Henry ngen, Community Development Director; Wendy Stockt n, Assistant City Attorney; Brady Cherry, Director of C mmunity Services; Brad Whitty, Finance Director; Mike McCain, Fire Chief, Bud McHale, Police Chief; Doug Davidson, Senior Planner and John Neil, Assistant City Engineer PROCLAMATIONS: The Mayor read the proclamation for "National Day of Service", pril 25, 1995 and recognized volunteer organizations who donate their servicc s to the City of Atascadero. The Mayor presented signed copies of the procla ations to"Sandye Tillson of the American Association of Retired People, Susan Jo nson of the CALL Program (Creative Alternatives for Learning & Living), an Diane Maiorano representing the Retired Senior Volunteer Program. Mayor Bewley read the proclamation for "City Clerks Week", May 7-13, ,1995 and presented it to City Clerk Lee Price. The City Manager announce that the City Clerk had recently been awarded the Certified Municipal Clerk (CMC) accreditation. CC 04/25/95 Page 1 I , I Mayor ProTem George Highland read and presented the proclamation for "Public Schools Week", April 24-28, 1995 to California Masons' representative Chief McCain. He also read the proclamation,for "Crime Victims' Rights Week April 23-29, 1995 and presented it to Eileen Allan of the North County Women's Shelter. The City Clerk read the proclamation for "Day of Prayer", May 5, 1995 and presented it to Tom Ferrell of the Atascadero Kiwanis Club. COMMUNITY FORUM; Jody Neal, San Luis Obispo County Zoological Society, challenged the City Council to a Work Day at the Charles Paddock Zoo on Saturday, May 13, 1995 from nine to noon. Dwight Huffman, President of the Business Improvement Association, suggested that the City take a proactive stance with regard to attracting businesses, specifically Trades Joes, to Atascadero. A. CONSENT CALENDAR:' 1. CITY COUNCIL MINUTES - March 28, 1995 City Clerk recommendation: Approve 2. CITY TREASURER'S REPORT March, 1995 City Treasurer's recommendation: Review and accept 3. APPROVAL OF WARRANTS FOR MONTH OF MARCH, 1995 Staff recommendation: Review and accept 4. CAMINO REAL (FASHION OUTLET) ASSESSMENT DISTRICT Acceptance of public improvements Staff recommendation: Accept as complete 5. INTEGRATED WASTE MANAGEMENT AUTHORITY -Appointment of Delegate and Alternate Staff recommendation: Ratify Mayor's appointments 6. CITIZENS' TASK FORCE FOR ECONOMIC RECOVERY-Appointment of Council members (2) and at-large Council appointees (3) Staff recommendation: Approve appointments CC 04/25/95 Page 2 i 1 7. ECONOMIC ROUND TABLE - Appointment of 5 members-at-large Staff recommendation: Ratify Council appointments 8. RESOLUTION NO. 33-95 - Supporting the Central Coast Regional Technology Alliance Staff recommendation: Adopt 9. RESOLUTION NO. 32-95 - Declaring weeds a public nuisance and commencing abatement proceedings Staff recommendation: Adopt The Mayor pulled Item #A-4 from the Consent Calendar. Councilmember Luna asked that Item #A-2 be pulled. Councilmember Johnson requested that Item #A-7 be pulled. MOTION: By Councilmember Highland, seconded by Councilmember Carden to adopt Consent Calendar Items #A-1 , 3, 50 6, 8 & 9; motion passed 5:0 by roll call vote. Re: Item #A-2. CITY TREASURER'S REPORT - March, 1995 City Treasurer's recommendation: Review and accept Councilmember Luna asked the Finance Director to clarify interest earnings from the Orange County Investment Pool. Brad Whitty reported that interest earned as of June 30, 1994 were paid in September of 1994 and confirmed that the City has received no additional interest since that time. The earnings, he added, are due and are part of the settlement. MOTION: By Councilmember Luna, seconded by Councilmember Highland to approve the City Treasurer's Report for March 1995; motion approved unanimously. Re: Item #A-7. ECONOMIC ROUND TABLE - Appointment of 5 members-at-large Staff recommendation: Ratify Council appointments Councilmember Johnson communicated that Missie Hobson from PG&E has expressed interest in continuing to serve on the Economic Round Table and',suggested that her expertise and input would be beneficial. Councilmember Highland proposed that the Council consider appointing Ms. Hobson as an ex-officio member.:: Staff was directed to bring back a revised resolution formalizing the Round Table membership reflecting the proposed change. CC 04/25/95 Page 3 MOTION: By Councilmember Johnson, seconded by Councilmember Luna to approve Item A-7 on the Consent Calendar; motion passed unanimously. Re: Item #A-4. CAMINO REAL (FASHION OUTLET) ASSESSMENT DISTRICT - Acceptance of public improvements Staff recommendation: Accept as complete The Mayor stepped down due to a potential conflict of interest. MOTION: By Councilmember Carden, seconded by Councilmember Johnson to approve Item #A-4; motion passed 4:0. The Mayor took his seat. B. PUBLIC HEARINGS: 1. AMAPOA-TECORIDA DRAINAGE PLAN - Presentation of Draft Plan and alternatives for protecting area from flooding Staff recommendation: 1) Review & provide staff direction 2) Direct staff to conduct public meetings John Neil provided background and a summary of the study plan. He indicated that staff is looking for direction about which avenues to proceed with within the plan and authorization to conduct community informational meetings. Questions followed regarding potential build out, culvert locations, flow restrictions and improvements formerly constructed by CalTrans. The Assistant City Engineer reported that preliminary negotiations with CalTrans has revealed that there may be some willingness on their part to participate in the drainage improvements. Councilmember Luna asked if the work could be done before the onset of the next rainy season. John Neil replied that it might be difficult to complete the project before that time because of necessary environmental review and public hearings. Councilmember Carden requested additional information about water flow restrictions at the bridge on Portola Road. John Neil confirmed that there is a restriction at the bridge and predicted that the new plan will not totally alleviate inflow of water from the lake spillway channel. Flood levels, he added, will still be high. Responding to additional inquiry from Councilmember Carden, the Assistant City Engineer reported that drainage culverts were properly sized when the highway was constructed and the drainage basin was more rural in character. CC 04/25/95 Page 4 { Councilmember Carden asked if the City would be assuming additional liability if it • takes on the maintenance of the drainage improvements. Wendy'..Stockton explained that with ownership comes along the responsibilities of ownership and clarified that easements and ownership are the same in terms of looking at liability. Mayor Bewley asked the City Manager if the City could maintain these new facilities at the present time. Andy Takata noted that the Streets Division would ultimately be responsible for maintenance but explained that the division is currently down by two men. Some choices about some work priorities would have to be made, he Concluded. Public Comments: Athena Wilson,'8420 Azucena, indicated that her home has flooded five times in the last three years and expressed appreciated to the Council and City staff for inspections. She reported that a driveway has been constructed in a culvert at 8145 Amapoa and explained that debris and grass are obstructing drainage. Ms. Wilson also noted that three homes on Amapoa have been abandoned because of the floods and suggested that the City adopt a policy (similar to the weed abatement program) to encourage property owners to maintain drainage culverts and:channels. Bill Guidry, Morro Road property owner, asked questions regarding the plan and suggested using the lake as a detention basin to control flow. John Neil responded and advised against using the lake in this manner. He clarified that a back up system would be required and remarked that the lake is for recreational",use. • Whitey Thorpe,e, 8025 Santa Ynez, asserted that the simple solution is to clear all obstructions in the creeks and channel water through them. ---End of Public Testimony--- Councilmember Luna commented that there is evidence that concrete channelization of creeks, as proposed by Mr. Thorpe, does not work. Councilmember Highland observed that the plan will have to phased in over time with the spillway work the logical first step and will be dependent upon available funding. He suggested that staff be directed to proceed with necessary public meetings prior to coming back with a final plan. Mayor Bewley concurred. Councilmember Johnson recommended that staff work closely with Caltrans and seek participation. Councilmember Luna remarked that he would like to see drainage analyses performed at the permit level and indicated that he would like to see the drainage plan implemented as soon as possible so that necessary improvements can be made before the next rainy season. Brief discussion ensued regarding timing. CC 04/25/95 Page 5 i Henry Engen estimated that it will take approximately two months to conduct a public information meeting and finalize the plan. Councilmember Luna referred to the suggestion made by Ms. Wilson and asked staff if this could be done. Chief McCain replied that he thought it was an excellent idea and suggested that the City pursue the concept. Wendy Stockton advised that the program could be implemented by ordinance and stated that the process would be the same as is presently done with weed abatement. Discussion ensued and there was mutual agreement to research the matter for future consideration. Councilmember Carden inquired of staff as to the possibility of forming an assessment district including all property owners in the affected area. Henry Engen proposed that the concept was reasonable, especially if done to improve non-City maintained streets such as Amapoa, and suggested that the matter could be brought up at the public meetings. The City Council directed staff to proceed with public meetings and bring the final plan back in two months. Mayor Bewley urged staff to contact all individuals affected. Councilmember Carden requested that staff look into and clarify CalTrans' liability. Councilmember Highland speculated that at the time the improvements were put in they were adequate. The Mayor called at break at 8:35 p.m.; the meeting resumed at 8:50 p.m. 2. 1995 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - Consideration of proposed allocation of $248,600 for local projects Staff recommendation: Approve as amended Doug Davidson provided background and an overview of the objectives of the CDBG program. He described last year's allocation and noted that one recipient project, the Carlton Hotel, has been delayed. He explained that the grant money has to be spent within two years of the award and noted that while the funds do provide an incentive for future buyers, the City Council may wish to consider re-allocating the money if no progress has not been made on the project in the next six months. Mr. Davidson summarized the 1995 applications and recommendations. Dana Lilley, County CDBG program manager, was present. Questions followed. Councilmember Highland remarked that he objects to funding Applications #12 (Transitional Housing Program for Disable Homeless Adults) and #13 (Family Self- Sufficiency Resource Centers and Case Management) because the funds would be used for the hiring of personnel implying the need for on-going support. He asserted that this is not a wise way to handle block grant funding. CC 04/25/95 Page 6 Councilmember Carden questioned the need to hire a consultant to study compliance with the American Disabilities Act. He suggested that there may be organizations that can come in and review the facility. Councilmember Luna asked for a status report on the youth center. Brady Cherry indicated that CDBG funding for 1994 had become available only last month and mentioned that the architectural design work has begun. He'' announced that a special workshop would be conducted on Thursday, May 4th to seek community input on the design. In addition, he noted that the Parks & Recreation Commission would receive a summary of architect's findings about seismic safety and retrofit options at their meeting scheduled for Thursday, May 18, 1995. In response to inquiry from Councilmember Luna, Brady Cherry explained that $47,000 of the $67,000 allocation from 1994 is for seismic retrofit and noted that the Youth Center's application for this year is for working drawings and engineering assessment. Mayor Bewley asked staff if there is a time limit on complying with the requirements related to the American Disabilities Act. Brady Cherry clarified'.''. that the City was required to conduct a Self Evaluation and Transition Plan by January 26, 1995. He noted that Atascadero is not in compliance with that mandate and emphasized that public agencies that do not comply run the risk of having federal funding, including CDBG, FEMA, Gas taxes and others withdrawn. Mr. Cherry stressed the need to have the plan and make the improvements in phases according to the plan. He added that the task is complex and staff is not recommending doing the evaluation and plan in- house. Councilmember Luna inquired if the development community has been informed of the CDBG award and opportunity associated with the Carlton Hotel. Doug Davidson mentioned that the matter has been discussed at numerous public hearings related to CDBG funding and Economic Development Element. Mayor Bewley added that he is aware of the fact that the project is well known in the real estate community and is being publicized by the sellers. Councilmember Johnson asked for clarification about potential re*allocation of CDBG monies awarded to the Carlton. Dana Lilley, County Planning, reported that if the City wishes to re-allocate the funding, City and County staff will need to work together to amend the 1995 Consolidated Plan. He stated that it will be necessary to hold a public hearing and then ask the County Board of Supervisors to adopt an amendment to the plan. Mr. Lilley added that, although it is not mandated, the City may wish to consider opening an application period to solicit potential projects for the re-allocation. Councilmember Highland spoke in favor of reviewing the Carlton Project allocation in six months and commented that it would be preferable to re-allocate the monies if CC 04/25/95 Page 7 i nothing more has happened with the project. Councilmember Carden asked if a re- development authority would be a reasonable use for CDBG funding. Dana Lilley reported that staff would have to get a determination from HUD about whether re- development would meet the criteria. Public Comments: Roberta Fonzi, 7880 Sinaloa, spoke in support of Application #14 (residential rehabilitation - 7880 Sinaloa). She explained that the funding is being requested to upgrade a currently deteriorating Colony home located in a transitional neighborhood. The project, she added, falls within the guidelines of the grant and has no other funding source. George Moylan, City of San Luis Obispo Housing Authority, commented that the word is out about the Carlton Hotel. He described the list of projects as excellent illustrations of what the CDBG program is intended for. In reference to Application #12 (Transitional Housing for Disabled Homeless Adults), Mr. Moylan noted that the request for $20,000 to fund a position would be a one-time request. Rush Kolemaine, Potrero Road resident, remarked that he did not support Applications #1 (City Hall - ADA Compliance) and #6 (Fire Department - Hazardous Fire Apparatus Exhaust). He encouraged the City Council to make sure that all three objectives of the CDBG program are being met. Mr. Kolemaine spoke in favor of a revolving loan fund for economic development because it would rejuvenate businesses that are now deteriorating. Mike Lucas, resident and Chairman of the Board of the Economic Vitality Corporation, reported that there has been a countywide application for revolving loan funds (to create jobs and fund local businesses). He noted that the Economic Vitality Corporation will soon have full-time staff and will be able to assist in this area. Councilmember Luna asked what criteria will be required to qualify. Mr. Lucas reported a list of criteria has been formulated and that funding may be made available for low to moderate income businesses that will create jobs. Jeannette Duncan, Executive Director of the Peoples' Self Help Housing Corporation, pointed out that there are many low to moderate income residents in Atascadero who would like to own their own home. She suggested that if the City Council re-allocates CDBG monies awarded to the Carlton, that it consider the first-time buyer program. Dwight Huffman, President of the Business Improvement Association Pres, announced that the BIA's position of record is in strong support of the Carlton restoration project and speculated that without the CDBG funding, the project will not come to fruition. CC 04/25/95 Page 8 a I ---End of Public Testimony--- Councilmember Johnson indicated support for a downtown revolving loan fund and suggested that this concept be studied further by staff and brought back to the Council when the Carlton Hotel project is re-visited. Councilmember Carden remarked that he, too, supports wholeheartedly the concept of a downtown revolving loan fund and suggested that the Council consider a redevelopment authority as a potential for re-allocation, if HUD determines it qualifies. Councilmember Carden reiterated that there might be an organization that deals with the disabled community at-large that could advise the City on ADA compliance as a means for receiving the information at a lesser cost. Councilmember Luna asked staff for clarification of the request made by the San Luis Obispo Housing Authority (Application #13). MOTION: By Councilmember Johnson, seconded by Councilmember Luna to accept recommendations made by staff, including amendments to the HOME funds in the County's Consolidated Plan; motion passed 5:0 by roll call vote. By consensus, the City Council requested that staff bring back the Carlton Hotel project allocation for review in six months. Councilmember Carden asked when the City Council might expect discussions regarding redevelopment. Henry Engen reported that therei is a proposal for redevelopment which is presently on hold. The City Manager added that costs to determine blight were estimated at approximately $11,000 and''confirmed that the matter was deferred because of the Orange County Investment Pool crisis. He stated that he anticipated the matter can be put back on tract sometime after May 15th. Councilmember Carden requested that staff bring back options for the revolving loan fund to explore. 3. ORDINANCE NO. 287 - Proposed amendment to Zoning Ordinance text comprehensively amending the uses allowed in the : CN Neighborhood Commercial zone (Hawkins Plaza/Golden West Developmont) Staff recommendation: (1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only Mayor Bewley stepped down because of a potential conflict of interest. Mayor ProTem Highland took the gavel. Henry Engen provided the staff report and recommendation. Brief Council questions followed. There was rto public testimony. CC 04/25/95 Page 9 MOTION: By Councilmember Luna, seconded by Councilmember Johnson to waive the reading in full and read Ordinance No. 287 by title only; . motion passed 4:a MOTION: By Councilmember Luna, seconded by Councilmember Carden to introduce Ordinance No. 287 on first reading; motion passed 4:0. Mayor Bewley returned to the dias. C. REGULAR BUSINESS: 1. SUPERVOTE - Consideration of alternatives to the "Supervote" (response to request from the San Luis Obispo Council of Governments) Staff recommendation: Eliminate supervote and provide direction to City's SLOCOG delegate Henry Engen introduced the item and presented options as outlined in the staff report. Council discussion followed. Councilmember Luna indicated that he did not have a problem with the supervote but noted that he could support Option #3 (majority of membership). He commented that as the newly appointed delegate to the IWMA, he will take whatever is decided back to the board for consideration. Councilmember Highland remarked that while his first choice would be to abolish the supervote all together, he would find Option #5 (deadlock) most acceptable. Councilmember Carden agreed. Public Comments: Ron DeCarli, Executive Director of the Council of Governments (COG), reported that the Board of Supervisors has not yet discussed the matter. He noted that the City of Grover Beach considered the supervote issue the previous evening and recommended Option #2 (2/3 majority). Mr. DeCarli explained that each jurisdiction is providing input and the matter will be discussed at the June COG meeting. When asked if he had a personal preference, Mr. DeCarli replied that he did not. Rush Kolemaine commented that he supports abolition of the supervote and would prefer a majority of the quorum. He argued that it is imperative that cities preserve some rights regarding local issues. William Zimmerman, 6225 Lomitas, encouraged the Council to select Option #3. CC 04/25/95 Page 10 Whitey Thorpe, 8025 Santa Ynez, urged the City Council to vote to abolish the supervote. ---End of Public Testimony--- MOTION: By Councilmember Carden, seconded by Councilmember Johnson to support abolition of the supervote and approve Option #4 (majority of attendees), motion passed 3:2 (Luna & Bewley opposed). MOTION: By Councilmember Highland, seconded by Mayor Bewley to take a second position by choosing Option #5, '',motion failed 1:4 (Johnson, Carden, Luna and Mayor Bewley opposed). MOTION: By Councilmember Johnson, seconded by Councilmember Luna to make Option #3 an alternate position; motion passed 4:1 (Carden opposed). 2. TRIP REDUCTION RULE OPTIONS -Consideration of alternatives for compliance with the Air Pollution Control Board's Clean Air Plan Staff recommendation: Request that the APCD reconsider their rejection of Rule 901 • Councilman Carden stepped down because of a potential conflict of interest. Henry provided the staff report and recommendation. Councilmember Johnson commented that he was in favor of the concept as a method to provide an incentive, but does not approve of an employer-mandated program. He suggested that the City Council vote to request that the APCD reconsider Rule 901 . Councilmember Luna concurred and pointed out that the rule's limit applies only to employers of 100 more and proposed that attempts be made to seek legislative change raising the limit. He emphasized that the City does not have the expertise to develop and implement a trip reduction program. Councilmember Highland agreed. MOTION: By Councilmember Highland, seconded by Councilmember Luna to support reconsideration of the Rule 901 bythe APCD board. Public Comments: Hal Carden speaking as a member of the public, commented that he would like to see p 9 COG, the APCD, City Councils and the Board of Supervisors' act to lobby the legislature to remove the mandatory requirement. Councilmember Luna inquired of CC 04/25/95 Page 11 the City Attorney if it was permissible for the councilmember to speak on this matter. Wendy Stockton advised that in her opinion Councilmember Carden could speak as a member of the public. Councilmembers Luna and Highland noted objection. Whitey Thorpe stated he was opposed to the mandate. Ron DeCarli reported that Rule 901 has not been adopted by the APCD and clarified that the question may become how to comply with State law. He indicated that consideration may be given to a countywide model program or an approach whereby cities implement a program with the help of COG. ---End of Public Testimony--- Vote on the motion: Motion to recommend to the APCD board to reconsider Rule 901 passed 4:0 by roll call vote. At 10:55 p.m., a motion was duly made and adopted to extend the meeting past the hour of eleven o'clock. MOTION: By Councilmember Johnson, seconded by Councilmember Highland to recommend that the APCD go back to the State and ask them to remove the mandate. Discussion on the motion: Ron DeCarli suggested that the City Council address the recommendation to the COG to make a request to change the Congestion Management Plan. Motion amended and voted upon: The motion was amended to direct the City's delegate to COG to request that the Congestion Management Plan be amended by removing the trip reduction mandate, motion passed 3:1 with Councilmember Luna voting in opposition. Councilmember Carden returned to deliberations. 3. SLORTA FUNDING FORMULA - SLOCOG request for revised formula Staff recommendation: Endorse proposed 49/18 funding formula Henry Engen introduced the matter. Ron DeCarli briefly expanded. MOTION: By Councilmember Carden, seconded by Councilmember Luna to endorse the proposed 49/18 SLORTA funding formula; motion passed 5:0 by roll call vote. CC 04/25/95 Page 12 • 4. INTERIM INVESTMENT POLICY Staff recommendation: Review and adopt updated interim policy Brad Whitty provided the staff report and recommended that thei City Council adopt Resolution No. 31-95 approving an interim investment policy. Councilmember Highland suggested that the word "probable" be stricken from Section 3.0 of the policy and that language be added to establish an investment oversight committee. He commented that the City Council and the City Treasurer do not have adequate expertise to seek out the highest return on the City's money. Councilmember Luna argued that the City Council is the investment oversight committee and is charged with safeguarding public funds. Mayor, Bewley agreed but added that the City will benefit from professional investment advise. The City Manager recommended that staff be given an opportunity to draft committee options to consider and suggested that it is timely to formalize the Finance Committee. Councilmember Johnson proposed that at least one professional or expert in public finance be included in the membership of either the Finance Committee or an investment oversight committee. There was consensus to continue the policy and staff was directed to bring back options regarding an expanded Finance Committee and/or an investment oversight icommittee. 5. CITY OF PASO ROBLES' REQUEST. FOR FUNDING '''ASSISTANCE TO HIGHLIGHT CONCERNS REGARDING THE POTENTIAL ECONOMIC IMPACT IN THE EVENT OF THE CLOSURE OF FORT HUNTER LIGGETT Staff recommendation: Review and consider Councilmember Highland introduced the matter and explained that the City of EI Paso de Robles was looking for financial support to assist in an effort to develop strategies to retain the TEXCOM Experimentation Center at Fort Hunter Liggett. Mayor Bewley commented that the closure of Fort Hunter Liggett would not greatly impact the City of Atascadero. Councilmember Johnson stated that the City is not in a position to make a financial commitment at this time. Councilmember Luna concurred and suggested that the Council send a letter to Paso Robles indicating conceptual support of the effort. CC 04/25/95 Page 13 Public Comments: Fred Strong, editor of The Citizen, announced that there has been a study conducted which indicates that there will be a loss of 7.5 million dollars of spendable income in the North County. He emphasized that the closure may indeed affect the City. ---End of Public Testimony--- There was concurrence to send a letter of conceptual support to Paso Robles. 6. FINANCE DIRECTOR'S REPORT - March, 1995 Staff recommendation: Approve Brad Whitty provided the report and recommendation to accept. Councilmember Johnson asked if it would be possible to streamline or summarize financial reports. The Finance Director reported that he is presently working on a software program that will provide the information in a more efficient format. Councilmember Highland suggested that the Council be given an opportunity to scrutinize one consolidated report. If questions arise, he added, then the Finance Director can provide more detail. Councilmember Carden proposed that the Council be informed of the reasons why a department may be over budget. MOTION: By Councilmember Johnson, seconded by Councilmember Carden to approve the Finance Director's Report for March 1995; motion passed unanimously. D. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary.): 1. County Water Advisory Board/Nacimiento Water Purveyors Advisory Group - Councilmember Highland reported that the Water Board had reviewed the Santa Barbara County Water Management Plan. 2. North County Council - Councilmember Highland reported that the executive committee of the North County Council will meet on April 27th. CC 04/25/95 Page 14 3 E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council Councilmember Carden requested status reports on the Routes to School program,the Lewis Avenue Bridge project and the refund questionnaire for the 3-F Meadows/Las Encinas assessment district. Henry Engen reported that the Routes to School program is a funded item and indicated that staff will come back with a written report. He also noted that the Lewis Avenue Bridge is included in the Capital Improvement Plan and is a project that will have to compete with other bridges on the list. Brad Whitty predicted that the refund questionnaire will go out to the property owners within the next week. 2. City Manager Andy Takata provided an overview of the next meeting's agenda. He also noted that he would soon be attending a meeting regarding the Orange County Investment Pool settlement option. At 10:38 p.m., the City Council adjourned to Closed Session. F. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: Elliott v. City of Atascadero At 11:43 p.m., the City Council adjourned Closed Session. The City Manager reported that the City Council had given him direction to settle. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, MAY 9 1995 AT 7:00 P.M. MINDS RECO ED ND PREPARED BY: Lt,VPflICE, Cit lerk CC 04/25/95 Page 15 REPORT TO CITY COUNCIL Meet ig Date: 05/9/95 CITY OF ATASCADERO Agend Item: A-2 Through: Andy Takata, City Manager From: Bradford Whitty, Finance Director SUBJECT: Payment of Audited Bilis and Payroll for the month of April , 1995. RECOMMENDATION: Approve certified City accounts payable, payroll and payroll vendor checks for the month of April , 1995 . Attached, for City Council review and approval , are the following: A. Payroll Period End 03/31 /95 Ck. #20557-20722 $131 ,509.80 Period End 04/14/95 Ck. #20757-20900 126,850. 67 B. Special Payroll Dated 04/03/95 Ck. #20277 VOID (7.12) Dated 04/03/95 Ck . #20553 7.12 Dated" 04/12/95 Ck . #24754 41 .16 C. Payroll Vendors Dated 04/06/95 Ck . #20731 375.00 Dated 04/10/95 Ck . #20734-207.50 64,531 .71 Dated 04/10/95 Ck . #20747 VOID (28,575.51 ) Dated 04/10/95 Ck. #20751 17 ,853.15 Dated 04/20/95 Ck #20903-20919 64,260.83 Dated 04/30/95 Ck . #21066-21070 33,020.60 D. Accounts Payable Dated 04/28/95 Ck . #20723-50084 313,990.00 The undersigned certifies that the attached demands have been released for payment in the total amount of $723,857 .41 and have been reviewed in conformity with the budget of the City of Atascadero and that funds are available for th a demands. 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M,M M M m m z:�Q—, tz:i z::, tw� t-- t:- :75 C2 M C7 cn =7 m m m ci m S 7D 7:: z� S J7 < < < M < -0 ZD CA 7D -S- s nn 0 n S 0 s s: n%. > S c S S t- 1D-} � :s 19 S. co -D -i MI n—i ON- S- I>D 7>D 2> X.M. 7>Z> ll D Z,D 11 DT. D Z, > —C > a a a a a a a a :x a a ::i a a -7 0 D D -D D D D D D X. >:> zz m --4 D D D m Im M. m m m m 0C) REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-3 Through: Andrew J. Takata Meeting ate: 05109/95 City Manager From: Henry Engen 4%6 Community Development Director SUBJECT: Resolution #34-95 authorizing execution of Prop. 116 Fund Transfer Agreement for E1 Camino Real and Traffic Way bikeway projects. RECOMMENDATION: Approval of attached resolution authorizing the C ty Manager to execute the Fund Transfer Agreement. BACKGROUND: On September 22, 1992, the City Council passed Resolution #92-92 endorsing application for a grant for bikeways on Traffic Way and El Camino Real. We have just received a Prop. 16 Fund Transfer Agreement for $100,000 for the Traffic Way bikeway project and $375, 00 for the El Camino Real bikeway project from Caltrans. In` addition to this funding source, an additional $75,538 for the Traffic Way project and $20,020 for the E1 Camino Real bikeway proj.ect will be provided by State Highway Account G37ants that will be administered by SL000G. Overall, the Traffic Way project represents a $175,538 improvement with El Camino Real being $395,020 The grant requires that the project be out to bid by February 23, 1997 . The attached resolution authorizes the City Manager to execute agreement. The project would proceed lirst with the Traffic Way project planning and thereafter El Camino Real. This work will be coordinated with work on the Routes o-School Plan, and prior to any construction improvements there wo ld be meetings held with abutting property owners that could be ffected by the improvements . HE:ph Enclosure: Resolution No. 34-95 cc: City Engineer 000 0.Jq RESOLUTION NO. 34-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPOSITION 116 FUND TRANSFER AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE EL CAMINO REAL AND TRAFFIC WAY BIKEWAY PROJECTS WHEREAS, the City Council has previously adopted Resolution 42-93 accepting the transfer of applicant status from the San Luis Obispo Council of Governments for the Proposition 116 E1 Camino Real and Traffic Way Bikeway Projects; and WHEREAS, the City Council is desirous to see the completion of constructionof these Proposition 116 projects. NOW, THEREFORE BE IT RESOLVED, the City Council does hereby authorize the City Manager to execute the Fund Transfer Agreement with the California Department of Transportation on behalf of the City -of Atascadero, California. On motion by Councilmember , and seconded by Councilmember the foregoing Resolution is hereby adopted in its: entirety on the following roll call vote: AYES• NOES• ABSENT: ADOPTED: ATTEST LEE PRICE, City Clerk R DAVID BEWLEY, Mayor APPROVED AS TO FORMS ARTHER' MONTANDON, City Attorney APPROVED AS TO CONTENT HENRY ENGEN, Dir. of Community Development REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: A-4 (A-E) Through: Andy Takata, City Manager Me ting Date:05/09/95 From: Alicia Lara, Personnel Analys t SUBJECT: Compensation adjustments for Mid-Management/Professional Bargaining Unit, Atascadero Sergeants Service Organization,Atascadero Police Officers Association,Atascadero Public Safety Technicians Organization and Confidential employees, for F' cal Year 1994-95. RECOMMENDATION: Adoption of the attached resolutions adjusting compensation for the abvove-mentioned units. DISCUSSION/ANALYSIS: The attached resolutions reflect char es for the Mid- Management/Professional Bargaining Unit,ASSO,HPOA,APSTO and Confic ential employees,for fiscal year 1994-95. Due to the City's current financial status, units agreed I o either a furlough in lieu of a salary increase for the year, or as in the case of ASSO and AP A, a Peace Officers Standards of Training education incentive. The furlough is equal to the nsumer Price Index (Los Angeles/Anaheim/Riverside All Urban Consumers)from May to May 1 4, which was 0.9%. ` That represents 19 furlough hours per employee for the fiscal year. In in effort to equalize employee health benefits City wide, the City will reduce the contribution t $400.00 per month toward health coverage. The remainder will be moved to salary on a one time basis. FISCAL IMPACT: The City realized a cost savings this year due to thE change in medical insurance providers. The compensation changes for these units represen s a net cost savings of$16,222.91, for the fiscal year: Attachments: Resolution No. 35-95 Resolution No. 36-95 Resolution No. 37-95 Resolution No. 38-95 Resolution No. 39-95 Salary`Schedule (Attachment "NJ RESOLUTION 35-95 RESOLUTION,OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR MID-MANAGEMENT/PROFESSIONAL EMPLOYEES BE IT RESOLVED by the City Council of the City of Atascadero as follows: SECTION 1. SALARIES 1.1 Salaries in effect on June 30, 1994,shall be increased by 0.9%(nine tenths of a percent) in the form of nineteen(19) hours furlough for the fiscal year. Furlough time must be used prior to December 31„1995,and scheduled tomeetdepartmental needs. Nineteen (19) hours furlough will be added each fiscal year to be used within the fiscal year,until the City's financial situation is such that the 0.9%can be added to base salary. SECTION 2. HEALTH BENEFITS 2.1 ' The City shall pay a total of$400.00 per month toward the cost of all medical, dental, life insurance and vision benefit premiums for the employee and dependents for the term of this agreement retro to November 1, 1994. 2.2 Those employees without dependents or who choose not to enroll their dependents in the City health plan, will receive the remaining amount of the premium as an addition to their regular pay. 23 The City shall provide a term life insurance policy on each employee in the amount of Fifty-Thousand Dollars ($50,000). 2.4 The City shall provide a term life insurance policy for each eligible dependent enrolled in heath coverage in the amount of One Thousand Dollars ($1,000) per dependent. SECTION 3. ADMINISTRATIVE LEAVE 3.1 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. 3.2 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 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. 3.3 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. 0ma., , ;� SECTION 4. RETIREMENT 4.1 The City shall continue to pay the employee contribution to the Public Employees Retirement System (PERS), for the term of this agreement. SECTION 5. SICK LEAVE ACCRUAL 5.1 There will be no maximum limit on the amount of sick leave an employee may accumulate. SECTION 6. SICK LEAVE INCENTIVE 6.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur the next 12-month period (December 1 - November 30) after an employee has accumulated and maintained the 48 days on the books. c. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Bank, it shall not count against the 48 day accumulation of eligibility to receive the incentive pay-off. 6.2 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 twelve (12) days). 6.3 The time period for determining annual usage will be December' 1 to November 30. Checks will be prepared by December 15. SECTION 7 SICK LEAVE PAY-BACK 7.1 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 8. OVERTIME FOR SWORN PUBLIC SAFETY PERSONNEL 8.1 Sworn personnel will be eligible for overtime on an emergency basiq only, upon approval of their department head. They must be acting in the capacity of^^either fire captain or police sergeant while on the shift. SECTION 9. HOLIDAY 9.1 The Birthday (Floating) Holiday (8) hours) will be credited to the employee on January 1 of each year and must be utilized within the calendar year,to be scheduled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 9.2 Martin Luther King's Birthday shall be observed as a holiday. SECTION 10 TUITION REIMBURSEMENT K � I 10.1 The City shall reimburse an employee up to$400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, provided the coursework is job-related, and the employee received passing grades. SECTION 11. TERM OF AGREEMENT 11.1 This agreement shall be effective 0001 a.m.,July 1, 1994 and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1995. Date: Mid-Management Professional Bargaining Unit City "tascadero On Motion by Councilmember and seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney RESOLUTION NO. 36-95 iRESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO SERGEANTS SERVICE ORGANIZATION WHEREAS, The City of Atascadero has met and conferred in good faith with the Atascadero Sergeants Service Organization for the purpose of discussing;wages, benefits, and other conditions of employment; and WHEREAS, the City of Atascadero and the Atascadero Sergeants Service Organization have reached an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Year 1994/95; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Sergeants Service Organization for Fiscal Year 1994/95, and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson and seconded by Councperson , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: • AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA j By: R. DAVID BEWLEY Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER, R. MONTANDON, City Attorney 00 01 ,5 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASCADERO SERGEANTS SERVICE ORGANIZATION (POLICE SERGEANTS' BARGAINING UNIT) This Memorandum of Understanding is made and entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City", and the Atascadero Sergeants Service Organization, hereinafter referred to as "Association", pursuant to California Government Code Sections 3500 et seq.; City of Atascadero Municipal Code Title 2, Chapter 2, Section 2-2.01 through 2.2-13, inclusive; and City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Police Sergeants' Bargaining Unit as recognized by the City of Atascadero on July 11, 1981, and having reached agreement as hereinafter set forth, shall submit this Memorandum to the City Council with the joint recommendation that the Council resolve to adopt its terms and conditions and take such other or additional action as may be necessary to implement its provisions. Section 1.0 Purpose. It is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding reached between the parties as a result of good faith negotiations on the matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. Section 3.0 Salaries. 3.1 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis for comparison in future negotiations. 3.2 Movement between steps shall be at twelve month.intervals and subject to satisfactory performance. Section 4.0 Health Care Benefits. 4.1 The City currently contributes $632.27 per month toward employee and dependent health insurance premiums. Effective November 1, 1994, the City shall pay a total of 1 00()r $400.00 per month toward the cost of all medical, dental, vision and life insurance benefit premiums for each unit member employee and dependents for the term of this agreement. The remaining $237.27, shall be added to the "E" step for the classifications covered by this MOU, and will descend to the "A" step proportionately while maintaining the five percent spread between steps. 4.2 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, any remaining amount of the City contribution toward the premiums for the premiums coverage shall be paid to the employee as an addition to his/her regular pay. 4.3 The City agrees to continue to negotiate the method by which the',,City and employees are to share any future changes to costs in health insurance. 4.4 The City shall continue to provide a term life insurance coverage for each employee in a total amount of Twenty Thousand $20,000) Dollars during the term of this agreement. 4.5 The City shall provide a term Irfe insurance policy for each eligiblesdependent enrolled in health coverage in a total amount of One thousand ($1,000) Dollars per dependent during the term of this agreement. 4.6 Flexible Benefits Plan. The City shall develop and make available fro employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective January, 1992. The plan will enable an employee • to, on a voluntary basis, cover additional out of pocket expenses for insurance and dependent care through pretax payroll dollars. Section 5.0 Retirement The City will continue to provide the 2% @ 50 formula (Section 21 X52.0 of the Government Code) and to pay the employee contribution of nine (9%) percent towards the PERS. Section 6.0 P.O.S.T. (Peace Officers Standards of Training) Education Incentive 6.1 Employees in the classification of Sergeant who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent (2 '/2%) per monthas additional pay to their base salary. 6.2 Employees in the classification of Sergeant who possess a P.O.S.T. Supervisory Certificate will receive two and one-half percent (2 '/2%) per month?as additional pay to their base salary, in addition to 6.1 above. Section 7.0 Overtime. 7.1 Overtime shall be compensated at the rate of time and one-half pay for hours worked in excess of 40 hours in each workweek. Paid time off shall be considered time 2 worked for overtime compensation. Briefing time pursuant to Section 13 shall not be considered time worked for overtime calculation purposes. 7.2 Overtime work which is less than one (1) hour increment in a work shift shall be compensation for in the following manner: 1 to 15 minutes, overtime compensation - 0 16 to 30 minutes, overtime compensation - 1/2 hour 31 to 45 minutes, overtime compensation - 3/4 hour 46 to 60 minutes, overtime compensation - 1 hour 7.4 Any overtime increments worked over one (1) hour shall be compensated as in the above-referenced increments. Compensatory time in lieu of overtime shall be computed at a time and one-half rate of the base salary and shall be granted to employees at the mutual convenience of the Police Department and the employee and subject to the accumulation provisions as defined by City Resolution No. 12-80 dated July 14, 1980, Personnel Rules and Regulations. Employees may not accumulate and have current credit for more than sixty-four (64) hours of compensatory time off and holiday hours as provided for in Section 9.0. 7.5 It is further agreed, however, that overtime will not be paid for hours traveling, studying, or evening classes, etc., when an employee is attending an out-of-town school 7.6 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. Section 8.0 Sick Leave Incentive • 8.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 - month period (December 1 - November 30) after an employee has accumulated and maintained 48 days on the books. C. In the event one employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, is shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 8.2 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 lave. (The annual allotment is twelve (12) days). 8.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. Section 9.0 Holidays. 3 9.1 City agrees that Association members shall continue to receive ono (1) holiday as provided for by City Resolution No. 52-82 dated November 8, 1982, to be known as a "floating holiday". Said floating holiday shall be eight (8) hours per year credited on January 1 st of each year and must be utilized within the calendar year . Employee may take such holiday at his/her choice of time consistent with the scheduling needs of the City and subject to approval of the Chief of Police. There shall be no accumulation of floating holiday. 9.2 Martin Luther King Birthday shall be recognized City Holiday for employees covered by this MOU. 9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and have a current credit of more than sixty-four (64) hours of holiday hours and compensatory timeoff as provided for in Section 7.0. Section 10.0 Probationary Period The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 11.0 Standby Compensation. 11.1 Employees may be placed on standby status by the Chief of Police. Standby duty . shall not be considered as hours worked for the purpose of computing overtime. 11.2 Compensation for police sergeants on standby assignments shall be at the rate of two (2) hours straight time compensation for every four (4) hours of actual time in standby assignment, prorates for more or less than four hours. Minimum compensation will be for one (1) hour of straight time Employees responding to work from standby shall receive a minimum of two hour 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. 11.3 Employees on standby status provide the Police Dispatcher 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... Section 12.0 Acting Duty Pay Employees in the classification of Police Sergeant who are assigned to work as Acting Lieutenant shall receive out of classification pay after working ten (10) cumulative shifts as Acting Lieutenant in any fiscal year. All other provisions of the Personnel Rules and Regulations regarding payment of out of classification pay remain unchanged. Section 13.0 Work Schedule 4 000�s9 3 13.1 Shift employees (excluding administrative and investigative personnel) shall work consecutive hours within a work shift. A one-half (1/2) hour lunch period may be taken during the shift if the work load permits and as authorized and scheduled by the shift is supervisor. Employees shall be considered to be on-duty during the lunch period and shall answer calls as assigned. 13.2 In addition to the work schedules called for above, shift sergeants will report to work at least fifteen minutes prior to the beginning of their shift to allow for a briefing period. Each member of the bargaining unit will receive $25.00 per pay period as compensation for time spent in shift change-over briefing. 13.3 In general, employees shall be scheduled to work consecutive days on and consecutive days off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30 day notice by the City or the Association. Either party may request a change in work schedules by written notification at least thirty (30) days in advance of proposed change. Once proposed schedules are agreed to, the Police Chief will make a recommendation to the City Manager for final approval. Exceptions shall be made for: 1) Employee volunteering for special assignments or other schedules. 2) Employees needing schedule adjustments to allow for military leave. 3) Employees needing schedule adjustments to accommodate schooling. 4) Emergencies. 5) Special events. 6) Training. Section 14.0 Uniform Provisions. 14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform allowance of Six-hundred Dollars ($600) for all eligible employees. 14.2 The City will make a lump sum payment, subject to the appropriate payroll taxes annually, in July, of the uniform allowance provided for a section 14.1 above. Said payment shall be made no later than the second pay day in July. 14.3 The City shall make available to all unit employees a bullet proof vest. Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. 14.4 Rainboots - The City shall comply with the requirements of CAL/OSHA as it relates to providing rain gear including rainboots. 5 ,,. , 00W.Y _Q I Section 15.0 Management Rights. 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 impactahat decisions on these matters may have on wage, hours and other terms of employment. Section 16.0 Peaceful Performance. 16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing shall be caused or sanctioned by the Atascadero Sergeants Servide Organization, and no lockouts shall be made by the City of Atascadero. 16.2 In the event that any employees covered by this agreement, individually or collectively, violate the provisions of this article and the Atascadero Sergeants Service Organization fails to exercise good faith in halting the work interruption, the Association and the employees involved shall be deemed in violation of this article and+the City shall be entitled to seek all remedies available to it under applicable law. Section 17.0 Provisions of Law. 17.1 This MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this MOU. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Section 18.0 Applicability of Personnel Rules and Regulations. It is agreed and understood that in all other respects as specifically enumerated by the MOU, the rules, regulations and conditions of employment of the City of Atascadero as established by Atascadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution 12- 80, dated July 14, 1980, Resolution No. 31-81 dated October 12, 1981, Resolution No. 52-82 dated November 8, 1982, shall remain in full force and effect. 6 Section 19.0 Renegotiations 19.1 ,,If either party wants to negotiate a successor Agreement, such party shall serve written notice upon the other party between March 15th and April 15th of the final year of this MOU. 19.2 If a party request negotiations pursuant to the above section, such party shall also submit initial proposals in writing for a successor Agreement no later than April 15th of the final year of this MOU. 19.3 If either party fulfills the requirements of the above sections, then negotiations shall begin no later than May 1st of the final year of this MOU. Section 20.0 Term of Agreement Unless specifically provided otherwise, the provisions of this MOU shall go into effect July 1, 1994, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1995. DATE: ATASCADERO SERGEANTS SERVICE CITY OF ATASCADERO ORGANIZATION 7 0 �� -} RESOLUTION NO. 37-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO • APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO POLICE OFFICERS ASSOCIATION WHEREAS, The City of Atascadero has met and conferred in good faith with the Atascadero Police Officers Association for the purpose of discussing wages, benefits and other conditions of employment; and WHEREAS, The City of Atascadero and the Atascadero Police Officers Association have reached an agreement regarding said wages, benefits and other conditions of employment for the term of Fiscal Year 1994/1995; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Police Officers Association for Fiscal Year 1994/1995 and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson , seconded by Councilpdrson , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: R. DAVID BEWLEY,'', Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000.":� MEMORANDUM OF UNDERSTANDING BETWEEN • CITY OF ATASCADERO AND ATASCADERO POLICE OFFICERS ASSOCIATION (POLICE OFFICERS' BARGAINING UNIT) This Memorandum of Understanding is made and entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City", and the Atascadero Police Officers Association, hereinafter referred to as "Association", pursuant to California Government Code Sections 3500 et seq.; City of Atascadero Municipal Code Title 2, Chapter 2, Section 2-2.01 through 2.2-13, inclusive and City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Police Officers' Bargaining Unit as recognized by the City of Atascadero on July 11, 1981, and having reached agreement as hereinafter set forth, shall submit this Memorandum to the City Council with the joint recommendation that the Council resolve to adopt its terms and conditions and take such other or additional action as may be necessary to implement its provisions. Section 1.0 Purpose It is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between Management and the employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on the matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with the Memorandum. Section 3.0 Salaries 3.1 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 3.2 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the City Manager. 3.3 Movement between steps shall be at twelve month intervals and subject to satisfactory performance. 1 • 0k")0k":, Section 4.0 Health Care Benefits. 4.1 The City currently contributes $632.27 per month toward employee and dependent health insurance premiums. Effective November 1, 1994, the City shall pay a total of $400.00 per month toward the cost of all medical dental, life insujrance and vision benefit premiums for each unit member employee and dependent$ for the term of this agreement. The remaining $232.27, shall be added to the "E" stepl for the classifications covered by this MOU, and will descend to the "A" stop proportionately while maintaining the five percent spread between steps. 4.2 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, any remaining amount of the City contribution toward the premiums for coverage shall be paid to the employee as an addition to his/her regular pay. 4.3 The City shall continue to provide term Irfe insurance coverage for each employee in a total amount of Twenty Thousand ($20,000.00) Dollars during the'==term of this agreement. 4.4 The City shall maintain a term life insurance policy for each eligible=dependent enrolled in health coverage in a total amount of One thousand ($1,000) DollIars per dependent during the term of this agreement. 4.5 The City agrees to continue to negotiate the method by which the City and employees are to share any future changes to costs in health insurance. • 4.6 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective, January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. Section 5.0 Retirement The City will continue to provide the 2% @ 50 formula (Section 21252.01 of the Government Code) and to pay the employee contribution of nine ($%) percent towards the PERS. Section 6.0 P.O.S.T.(Peace Officers Standards of Training) Education Incentive 6.1 Employees in the classification of Police Officer who possess a P.OS.T. Intermediate Certificate will receive two and one-half percent (2 1/Z%) per month 's additional pay to their base salary. 6.2 Employees in the classification of Police Officer who possess a P.O'S.T. Advanced h Certificate will receive two and one-half percent (2 ' %) per month os additional pay to their base salary, in addition to 6.1 above. 2 0 ,5 Section 7.0 Overtime. 7.1 Overtime, except training time, shall be compensated at the rate of time and one-half pay for hours worked in excess of 40 hours in each work week . Paid time off shall be considered time worked for overtime compensation. Briefing time pursuant to Section 13 shall not be considered time worked for overtime calculation purposes. 7.2 Each unit employee shall work up to 4 hours training time in a four (4) work week period at straight time pay for Department-wide training and meetings. 7.3 Overtime work which is less than a one (1) hour increment in a work shift shall be compensated for in the following manner: 1 to 15 minutes, overtime compensation - 0 16 to 30 minutes, overtime compensation - 1/2 hour 31 to 45 minutes, overtime compensation - 3/4 hour 46 to 60 minutes, overtime compensation - 1 hour 7.4 An overtime increments worked over one 1 hour shall b Y { ) I e compensated as in the above referenced increments. Compensatory time in lieu of overtime shall be computed at a rate one-half rate of the base salary and shall be granted to employees at the mutual convenience of the Police Department and the employee. Employees may not accumulate and have current credit for more than sixty-four (64) hours of compensatory time earned and holiday hours as provided for in Section 9.0. 7.5 It is further agreed, however,that overtime will not be paid for hours traveling, studying, or evening classes, etc., when an employees is attending an out-of-town school. Overtime as the result of Department-wide training and meets authorized by the Chief or Police will be compensated at straight time up to four (4) hours per month (see 7.2). Overtime beyond four (4) hours per month for this purpose will be compensated at time and one-half (1-1/2) of the hourly rate. 7.6 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. Section 8.0 Sick Leave Incentive. 8.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 - month period (December 1 - November 30) after an employee has accumulated and maintained 48 days on the books. 3 00Q� 21G i c. In the event one employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 8.2 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 twelve (12) days). 8.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. Section 9.0 Holidays 9.1 City agrees that Association members shall continue to receive one (1) holiday as provided for by City Resolution No. 52-82 dated November 8, 1989, to be known as a "floating holiday". Said floating holiday shall be one (1) day per yepr credited on January 1st of each year and must be utilized within the calendar year Employee may take such holiday at his/her choice of time consistent with the scheduling needs of the City and subject to approval of the Police Chief. There shall be no accumulation of floating holiday. 9.2 Martin Luther King Birthday shall be a recognized City Holiday for employees covered by this MOU. 9.3 Employees covered b this MOU shall be all Y Y owed to accrue holiday hours prior to required payoff. Employees may not accumulate and have current credit of more than sixty-four (64) hours of holiday hours and compensatory time off as provided for in Section 7.0. Section 10.0 Probationary Period. The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 11.0 Standby Compensation. 11.1 Employees may be placed on standby status by the Chief of Polics. Standby duty shall not be considered as hours worked for the purpose of computing overtime. Three types of standby may be assigned: 1. Weekend standby shall require that an employee be on standby status from 5:00 p.m. Friday evening to 8:00 a.m. Monday morning. Inthe event of a holiday weekend, the extra pay(s) will be added to the standby duty time. Employees assigned weekend standby shall be paid a flat flee of $40.00 per weekend assigned. i 4 2. Full week standby shall require that the employee be on standby status for the weekend as per No. 1 above and be on standby status during the week during all non-work hours. Employees assigned shall be paid a flat $50.00 per week assigned. 3. Court time (or equivalent) standby 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. 4. 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. 11.2 Employees on standby status must provide the Police Dispatcher 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. Section 12.0 Special Assignment Pay. 12.1 Employees in the classification of Police Officer assigned to act in the capacity of Field Training Officer shall be compensated at the rate of$100.00 per month. Compensation shall be provided only for hours actually spent serving in the capacity of Field Training Officer. 12.2 Compensation shall be provided only when the assignment has been specifically authorized by the Chief of Police or designee. Section 13.0 Work Schedule 13.1 In general, employees shall be scheduled to work consecutive days on and consecutive days off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30 day notice by the City or the Bargaining Unit. Either party may request a change in work schedules by written notification at least thirty (30) days in advance of proposed change. Once proposed schedules are agreed to, the Police Chief will make a recommendation to the City Manager for final approval. Exceptions shall be made for: 1) Employee volunteering for special assignments or other schedules. 2) Employees needing schedule adjustments for military leave. 5 00r 3) Employees needing schedule adjustments to accommodate schooling. 4) Emergencies. 5) Special events. 6) Training. 13.2 Shift employees (excluding administrative and investigative personnel) shall work consecutive hours within a work shift. A one-half (1/2) hour lunch period may be taken during the shift if the work load permits and as authorized and scheduled by the shift supervisor. Employees shall be considered to be on-duty during The lunch period and shall answer calls as assigned. 13.3 In addition to the work schedules called for above, employees assigned as Acting Watch Commander will report to work at least fifteen minutes prior to the beginning of their shift to allow for a briefing period. Each employee so assignsd will receive $1.00 per hour for the shift as compensation for time spent in shift charmge-over briefing. Section 14.0 Uniform Provisions. 14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform allowance of Six-hundred Dollars ($600) for all eligible employees.` 14.2 The City will make a lump sum payment, subject to the appropriate payroll taxes annually, in July, of the uniform allowance provided for in section 14.1, above. Said payment shall be no later than the second pay day in July. 14.3 The City shall make available to all unit employees a bullet proof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. 14.4 Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a vest shat continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. 14.5 Rainboots - The City shall comply with the requirements of CAL/O$HA as it relates to providing rain gear including rainboots. Section 15.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine the standards of service; determine the procedures and standardO 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 of for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, • 6 i 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 matter may have on wage, hours and other terms of employment. Section 16.0 Peaceful Performance. 16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing shall be caused or sanctioned by the Atascadero Police Officers Association, and no lockouts shall be made by the City of Atascadero. 16.2 In the event that any employees covered by this agreement, individually or collectively, violate the provisions of this article and the Atascadero Police Officers Association fails to exercise good faith in halting the work interruption, the Association and the employees involved shall be deemed in violation of this article and the City shall be entitle to seek all remedies available to it under applicable law. Section 17.0 Provisions of Law. 17.1 This MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this MOU. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Section 18.0 Applicability of Personnel Rules and Regulations. It is agreed and understood that in all other respects except as specifically enumerated by the MOU, the rules, regulations and conditions of employment of the City of Atascadero as established by Atascadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution No. 12-80, dated July 14, 1980, Resolution No. 31-81, Resolution No. 52-82 dated November 8, 1982, shall remain in full force and effect. Section 19.0 Renegotiations 19.1 If either party wants to negotiate a successor Agreement, such party shall serve written notice upon the other party between March 15 and April 15 of the final year of this MOU. 19.2 If a party requests negotiations pursuant to the above section, such party shall also submit initial proposals in writing for a successor Agreement no later than April 15th of the final year of this MOU. 19.3 If either party fulfills the requirements of the above sections, then negotiations shall 7 a begin no later than 1 May of the final year of this MOU. Section 20.0 Term of Agreement • Unless specifically provided otherwise, the provisions of this MOU shall go into effect July 1, 1994, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1995. DATE: ATASCADERO POLICE OFFICERS CITY70 �TASCADERQA x,J F G2�— IZ 8 3 f� RESOLUTION NO. 38-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION WHEREAS,The City of Atascadero has met and conferred in good faith with the Atascadero Public Safety Technicians Organization for the purpose of discussing wages, benefits and other conditions of employment; and WHEREAS, The City of Atascadero and the Atascadero Public Safety Technicians Organization have reached an agreement regarding said wages, benefits and other conditions of employment for the term of Fiscal year 1994/95; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Public Safety Technicians for Fiscal Year 1994/95 and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney • 0f'0' I MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASCADERO PUBLIC SAFETY TECHNICIANS ORGANIZATION PUBLIC SAFETY TECHNICIANS UNIT SECTION 1 PREAMBLE This Memorandum of Understanding is entered into between the authorized representatives of City of Atascadero, hereinafter referred to as "City", and of Atascadero Public Safety Technicians Organization, hereinafter referred to as "Association". Such Memorandum of Understanding was developed pursuant to California Government Code 3500, et sec., City of Atascadero Municipal Code Title 2, Chapter 2, Section 2.2.01 through 2-2.13, inclusive, and the City of,Atascadero Resolution No. 12-80, dated July 1980, and subsequent amendments thereto. SECTION 2 PURPOSE It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. SECTION 3 RECOGNITION Pursuant to California Government Code 3500, et seq., City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01 through 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 1980, and subsequent amendments thereto, the City hereby recognizes Association as the bargaining representative for purpose of representing regular and probationary employees, occupying the classifications of Support Services Technician and Support Services Lead Technician in the Public Safety Technician Unit with respect to their wages, hours and other terms and conditions of employment. SECTION 4 FULL UNDERSTANDING, MODIFICATIONS, WAIVER. 4.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding for agreement by the parties, whether formal or informal, regarding any such matters; are hereby suspended or terminated in their entirety. If any provisions of any other City resolutions are in conflict with this Memorandum, the terms and conditions of this MOU shall prevail. 1 00 3 4.2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council. 4.3 The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. SECTION 5 SALARY AND RETIREMENT 5.1 Salaries in effect on June 30, 1994, shall be increased of 0.9% (nine tenths of a percent) in the form of nineteen (19) hours furlough for the fiscal year. Furlough time must be used prior to December 31, 1995, and scheduled to meet departmental needs. Nineteen (19) hours furlough will be added each fiscal year to be used within the fiscal year, until the City's financial situation is such that the 0.9% can be added to base salary. 5.2 Overtime: Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. 5.3 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 5.4 Newly hired employees shall normally be placed at Step A. Advanced step hiring may • be approved by the City Manager upon request by the Department Head. 5.5 Movement between steps will be at twelve month intervals and subject to satisfactory performance. 5.6 Pay on Promotion. An employee who is promoted shall receive a salary increase of at least one Step (5%). Therefore, the employee shall be placed on Step A, or that a step which produces at least one step salary (5%) increase. 5.7 Standby Compensation: Court time (or equivalent) standby 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. 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. 5.9 The City shall contact P.E.R.S. for the purpose of requesting a valuation of the 2% @ 55 retirement benefit, for miscellaneous members. The valuation shall be requested no later than May, 1995. 2 „.i 1 SECTION 6 INSURANCE PROGRAMS 6.1 Health Insurance 6.1.1 The City currently contributes $633.92 per month toward employee and dependent health insurance premiums. Effective November 1, 1994, the City shall pay a total of$400.00 per month toward the cost of alf medical, dental, fife insurance and vision benefit premiums for the employee and dependents for the term of this agreement. The remaining $233.92 shall bei added to the "E" step for the classifications covered by this MOU, and will descend to the "A" step proportionately while maintaining the five percent spread between steps. 6.1.2 The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. 6.1.3 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, the remaining amount of the City contribution toward premiums for coverage shall be paid to the employee as an addition to his/her regular pay. 6.1.4 The City agrees to continue to negotiate the method by whish the City and employees are to share any future changes to costs in health insurance. 6.2 Flexible Benefits Plan . The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective January, 1992. The plan will enable an employee to, on a`;voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. 6.3 Term Life Insurance 6.3.1 City shall maintain a term life insurance policy for each unit employee, in the amount of Twenty Thousand dollars ($20,000.). 6.3.2 City shall maintain a term life insurance policy for each eligible dependent enrolled in the health coverage unit employee , in an amount of One Thousand dollars ($1,000.00) per dependent. 6.4 State Disability Insurance 6.4.1 City shall continue to provide State Disability Insurance as a,payroll deduction of each employee. 6.4.2 State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. 3 00�? J I SECTION 7 SICK LEAVE INCENTIVE 7.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 month period (December 1 - November 30) after an employee has accumulated and maintained 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 says accumulation for eligibility to receive the incentive pay-off. 7.2 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 twelve (12) days). 7.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. SECTION 8 VACATIONS, HOLIDAYS AND COMPENSATION TIME 8.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 82 It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head subject to the needs of the City. 8.3 Holidays shall be observed in accordance with Section 9.4, Employees Benefits, of Resolution No. 12-80 dated July 14, 1980. 8.3.1 The Birthday (Floating) as noted in Resolution No. 52-82, Section 5, Subparagraph K, dated November 8, 1982 shall be credited to the employee on January 1 of each year and must be utilized within the calendar year, to be scheduled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 8.4 Martin Luther King Birthday shall be recognized City holiday for employees covered by this MOU. 8.5 Employees shall be allowed to accrue sixty-four (64) hours of holiday hours and/or "compensatory time" hours prior to required payoff. All hours in excess of the six-four (64) hours will be compensated as part of the paycheck in which the time is earned. SECTION 9 GENERAL BENEFITS 9.1 It is agreed that overtime, compensatory time off (CTO), retirement, leaves and other benefits and conditions of employment Y ment shall be assp specified b Y �Y C' Resolutions No. p 4 0 C, ­,tz , , 12-80, 31-81 and 52-82 and the Atascadero Municipal Code Title 2 Chapter 2, inclusive. Pregnancy leave shall be provided in accordance with S1 late Law. 9.2 The City shall amend the Public Employee Retirement System (PERS) to provide for the Post Retirement Survivor Allowance for employees covered by this MOU. 9.3 The City shall continue to pay the employees contribution of seven, percent (7%) towards the Public Employees Retirement System (PERS). 9.4 The City agrees to add grandparents to the list of family members'for whom the employee is allowed to take bereavement leave. SECTION 10 TRAINING ASSIGNMENT PAY Employees in the classification of Support Services Technician assigned to act as a trainer of a newly hired employee shall be compensated at the rate of$50.00 per month. Compensation shall be provided only when the assignment has been specifically authorized by the Chief of Police or his designee and shall be paid only for hours actually spent service in the capacity of a trainer. SECTION 11 PROBATIONARY PERIOD The probationary period for newly hired employees shall be twelve's months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of 'granting a newly hired employee regular status at any time after nine (9) months of service. SECTION 12 SHIFT CHANGES The City shall give employees reasonable notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. SECTION 13 GRIEVANCE PROCEDURE Employees shall be entitled to utilize the grievance procedure as outline in Section 6.0 of Resolution No. 12-80. SECTION 14 CONTRACTING OUT The City will give reasonable notice to the Association if it intends to contract out the functions currently performed by employees within the Unit. Upon request, the City will meet with the Association to explain the reason for the decision to contract out and to solicit Association views on the proposal. Nothing in this section shall be construed to limit the rights of the City Council to contract out work at its sole discretion. SECTION 15 MANAGEMENT RIGHTS The authority of the City includes, but is not limited to the exclusive;right to determine S the mission of its constituent departments, commissions and boards; set standards of service; and promotion; direct it employees; take disciplinary action for "just cause"; f relieve employees from duty because of lack of work or for other legitimate reasons; 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 is mission in emergencies; exercise complete control and discretion over its organization 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 16 PROVISIONS OF LAW 16.1 This MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. 16.2 If any part of provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws, or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations and the remainder of this MOU shall not be effected. SECTION 17 APPLICABILITY OF OTHER RULES AND REGULATIONS It is agreed that all provisions of any existing or prior, understandings or personnel policies, customs, practices and actions not specially included in Atascadero Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the City of the City of Atascadero, shall be superseded by the provisions of this MOU. SECTION 18 PEACEFUL PERFORMANCE CLAUSE 18.1 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, sitdown, stay-in, sickout, slow-down, of 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. 6 J6 0ti «"N-IS 18.2 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 tho 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 rodress, including damages, against any such employees. SECTION 19 IMPLEMENTATION 19.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon parties either in whole or in part unless and until said City Council: a) acts, by a mojority vote, formally to approve and adopt said MOU, b) and acts in a timely manner to appropriate funds necessary to implement the provisions of this MOU which require flunding. 19.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU, either party may request the renewal of the meet and confer process. SECTION 20 TERM OF AGREEMENT 20.1 This MOU shall be effective as of 0001 a.m., July 1, 1994, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1995. 20.2 - If either party wants to renegotiate a successor agreement, such party shall service upon the other during the period March 1 st to April 1 st of the last year of this Agreement, its written request to reopen the Agreement as well asi its written proposals to amend this Agreement. Upon receipt of such written notice and receipt of the proposals, negotiations shall begin no later than thirty (30) days after such receipt or May 1st, whichever is later. Date: ATASCADERO PUBLIC SAFETY CITY OF ATASCADERO TECHNICIANS ORGANIZATION 7 r'0^.,9 RESOLUTION 39-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR CONFIDENTIAL EMPLOYEES BE IT RESOLVED by the City Council of the City of Atascadero as follows: SECTION 1. SALARIES 1.1 Salaries in effect on June 30, 1994, shall be increased by 0.9% (nine tenths of a percent) in the form of nineteen (19) hours furlough for the fiscal year. Furlough time must be used prior to December 31, 1995, and scheduled to meet departmental needs. Nineteen (19) hours furlough will be added each fiscal year to be used within the fiscal year, until the City's financial situation is such that the 0.9% can be added to base salary. SECTION 2. HEALTH BENEFITS 2.1 The City shall pay a total of$400.00 per month toward the cost of all medical, dental, life insurance and vision benefit premiums for the employee and dependents for the term of this agreement retro to November 1, 1994. 2.2 Those employees without dependents or who choose not to enroll their dependents in the City health plan, will receive the remaining amount of the premium as an addition to their . regular pay. 2.3 The City shall provide a term fife insurance policy on each employee in the amount of Fifty-Thousand Dollars ($50,000). 2.4 The City shall provide a term life insurance policy for each eligible dependent enrolled in heath coverage in the amount of One Thousand Dollars ($1,000) per dependent. SECTION 3. ADMINISTRATIVE LEAVE 3.1 Each employee will receive sixteen (16) hours of Administrative Leave which will vest as of July 1 annually. Administrative Leave will not be carried over to accrue from one fiscal year to the next. SECTION 4. RETIREMENT 4.1 The City shall continue to pay the employee contribution (7%of base salary) to the Public Employees Retirement System (PERS), for the term of this agreement. SECTION 5. SICK LEAVE 5.1 There will be no maximum limit on the amount of sick leave an employee may accumulate. 5.2 An employee may use a maximum of forty (40) hours sick leave per fiscal year, for the © '? e0 Resolution No. 39-95 Page 2 of 3 care of dependents who are ill, injured or pregnant and who are living in the employee's household. In extenuating circumstances, the employee may make a request for additional sick leave to be used for dependent care, to their Depart: ent Head who shall make a recommendation to the City Manager for final approval. SECTION 6. SICK LEAVE INCENTIVE 6.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur the next 12-month period (December 1 - November 30) after an employee has accumulated and maintained the 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Bank, it shall not count against the 48 day accumulation for eligibility to receive the incentives pay-off. 6.2 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 twelve (12) days.) 6.3 The time period for determining annual usage will be December 1 to November 30. Checks will be prepared by December 15. . SECTION 7. SICK LEAVE PAY-BACK 7.1 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 8. HOLIDAY 8.1 The Birthday (Floating) Holiday (8 hours) will be credited to the employee on January 1 of each year and must be utilized within the calendar year,to be scheduled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 8.2 Martin Luther King's Birthday shall be observed as a holiday. 000 Y M f Resolution No. 39-95 Page 3 of 3 SECTION 9. TERM OF AGREEMENT 9.1 This agreement shall be effective 0001 a.m., July 1, 1994, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1995. On Motion by , and seconded by , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ATTEST: R. DAVID BEWLEY, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney EXH1,BiT "A 1'U i(HSUlLU-1 UNS 35 THRU 39-95 ?AGE I OF ! CITY OF ATASCADER0 SALARY SCHEDULE E rxi IvE Lin/94 RATE - PER E ISTING MO?'S BARG 10B FUNDED MIT CODE JOB DES ?=ON POS. A STEP B STEP C S'I3E<° D STET° E SMP MONTHLY RATES r.{ 1100 Cita Manager 1.0 5347.98 6717.87 7053.77 74.06.46 7776.78 MG 2111 Director of Finance 1.0 4383.34 1603,.03 44333.18 5074.84. 5328.58 2112 Director of Community Developm 1.0 5263.63 5526.82 5803.16 6093.31 6397.98 MG 2110 Director of Community Services 1.0 4383.44 4603.03 48-33.18 50'74.34 53243.53 Mc; 2114 Fire Chief 1.0 5016.26 5267+++.08 5530.43 5806.95 6097.30 MC* 2113 Police Chief 1.0 5016.26 5267.08 5530.43 5806.95 6097.30 MG 2115 Director of Public Works 0.0 5263.63 5526.32 5803.16 6093.31 6397.98 MM 3501 Accountant 0.0 3010.06 316x.57 3318.59 3484.52 3658.75 MM 3160 Admin. Annalysr/Public Works 1.0 2505.34 2631.13 2762.68 2900.82 3045.36 MM 3110 Assistant Planner 0.0 2505.44 2631.13 2762.68 2900.82 3045.86 MM 3210 Associate Civil Engineer 0.0 2912.51 3058 .13 3211.04 3371.59 3540.17 MM 3111 Associate Planner 1.0 2912.51 30581.13 3211.04 3371.59 3540.17 2810 Battalion Chief 1.0 3693.62 3878.30 4.072.22 4275.83 4489.62 MM 2780 Chief of Wastewater Operations 1.0 3206.35 3366.67 3535.00 3711.75 3897.34 MM 2270 City Planner 1.0 3643.73 3825.92 4017.22 4218.08 4424.98 MM 1770 Paris Supervisor 1.0 2697.11 28311.96 2973.56 3122.24 3278.34 MM 3120 Plan Check Engineer 1.0 3563.55 3741.73 3928.32 1125.26 4331.52 MM2410 Police Lieutenant 1.0 3693.62 3878.30 4072.22 4275.43 4489.02 MM 2520 Recreation Supervisor 2.0 2723.48 2859,.66 3002.64 3152.7- 3310-41 .W 3312 Senior Building Inspector 0.0 3223.54 3384.71 3553.95 3731.65 _918.23 MM 2260 Senior Civil Engineer 0.0 3413,84 3534';.53 3763.76 3951.94 4149.54 SCM 3112 Senior Planner I.0 3199.61 3354.59 3527.5% 3703.45 38834.14 MM 2760 Street Maintenance Supervisor I.0 2926.;7 307Z';.39 3226.;4 3387.47 3457.25 MM- 2970 Support Services Manager 1.0 2123.243 Z859.56 3002.:4 3152.77 3310.41 • MM 2510 General Curator 1.0 2723.48 28591.66 3002.64 3152.77 3310_41 CE 3710 Personnel Analy-st 1.0 2723.4.8 2859++.66 3002.64 3152.777 3310.41 4.'E 4310 Secretary to the City Manager 1.0 2330.76 244.7-30 2569.66 2698.14 2433.05 .'C 2360 Fire Captain 4.0 3189.99 3349.49 3516.96 3692.41 3877.45 4 7511 Fire Engineer 9.0 2832.543 2g74:'.21 3122.92 3279.07 3443.02 FM 7510 Fire Fitter 0.0 2575.02 2703.77 2338.96 2980.°0 3129.95 GS 3310 Building Inspector I 0.0 21281.19 2395.25 2515.01 2640.76 2782.80 GS 3311 Building Inspector II 1.0 2534.66 2661.39 2794,46 2934.18 3080.89 GS 6510 Building Maint Specialist 0.0 2205.64 2315';.98 2431.77 2553.36 2681.03 GS 3320 Engineering Technician 1 0.0 2074.54 2178'^,.27 2217.18 2401.54 2521.62 GS 3321 Engineering Technician II 0.0 2301.57 2416.65 2537.4 2664.36 2797.58 GS 6125 Maintenance Leadworker 2.0 2145.86 2253';.16 2365.82 2484.11 2608.31 GS 6120 Maintenance Worker I 3.5 1769.40 1857:,87 1950.76 2048.30 2150.'2 GS 6121 Maintenance Worker I1 6.0 1950.78 2048 32 2150.73 2258-27 2371.18 GS 6130 Equipment Operator II 1.0 Z048.32 2150w73 2258.27 2371.18 2489.74 GS 33330 Manning Technician 0.0 2074.54 2178..2! 2287.18 2401.54- 2521.62 GS 6311 WWTP Operator I 2.0 2172.56 ?.281.18 2395.24 2515.01 2640-76 GS 6312 WWrP Operator II 1.0 2413.96 Z534�66 2661.39 2794.46 2934. 19 GS 6313 WWr? Operator III 1.0 2703.91 2839--.10 2981.06 3130.11 3286.62 GS 0310 V4T-0 Operator In Training 0.0 1955.31 2053:08 2155.73 2263.52 2376.69 CTT 4110 Account Cleric I 1.0 1696.46 1781.70 1870.78 1964.32 2062.51 CG 4.111 Account Clerk IZ 1.0 1870.78 1964.32 2062.54 2165.66 2273.95 (7 4311 Administrative Secretary 6.0 1961.64 2062:47 2166.02 2274.32 2388.0'3 CET 1710 Building Technician 1.0 2058.34 2161.25 2269.:1 2382.78 2a"01.92 CU" 4113 Finance Technician !.0 2058.34 2161,25 2269.31 23x832.78 2501.92 CLT 4510 Office Assistant I 1.5 1539.09 16'16;05 1696.35 1781.69 1870.'? c77 4511 Office Assistant II 1.0 1696.46 1781470 1870.78 1964.32 2062.i1 CUY 5512 Office Assistant NI 0-0 1870.78 1964`.32 2062.54 2165.66 22%3-95 Cry1 Y31:• SecretCu0.0 !768.18 1856`.59 1949,12 2046.39 2149.23 1.1 � QDATED S 2960 Police Sergeant 5.0 3236.44 3398.6+8 3568.62 374-7-05 3934-40 •9 � 9 ''R 76 2967.05 3115.40 321. 1 Date: 5 4095 PD 7111 Police Officer �_ .0 ..6. t.20 �_25 - SA 312 Sup?x�rt Services Lead Tech !.0 2393.71 2513 40 2639.07 2771.02 2900.5 Initials SA 7 311 Support Services Tecznician i.0 2193-60 2303:24 2418.E '539.36 Z6o6.33 TOTAL 913.0 9l? 3 REPORT TO CITY COUNCIL Meeting Date: 05/09/95 Is CITY OF ATASCADERO Agenda Item : A-5 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: Amendment to Resolution No. 01-95 adopted on March 28, 1995 adding an ex-officio member to the Economic Round Table. RECOMMENDATION: Approve the addition of one ex-officio utility company representative appointed' by the City Council to the City's Economic Round Table. BACKGROUND: At the Council meeting of April 25, 1995, Counc Imember Johnson communicated that Missie Hobson from PG&E had expressed in erect in continuing to serve on the Economic Round Table and suggested that her xpertise and input would be beneficial. Councilmember Highland proposed that the Council consider appointing Ms._ Hobson as an ex-officio member. The City Cou cil did then direct staff to come-back with a revision to the recently adopted resolution refining the purpose and membership of the Economic Round Table. Ther solution has been amended accordingly and is attached. 0000d RESOLUTION NO. 01-95 [Revised 5/9/951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING REFINEMENTS TO THE PURPOSE AND MEMBERSHIP OF THE ECONOMIC ROUND TABLE WHEREAS, On January 26, 1991, the Council of the City of Atascadero appointed a citizen Economic Round Table to work toward strengthening the City's ' - economic base. WHEREAS, The Economic Base Analysis and Downtown Revitalization Study, conducted by Economic Research Associates (ERA) in 1988, recommended that, "the City shall initiate an Atascadero Economic Round Table...to regularly discuss, recommend and initiate community economic development and diversification". WHEREAS, In the interests of prudent fiscal planning, the'City commissioned a report from Crawford, Multari &Starr in 1990, entitled, Long-Range FiscalAnalysis, which concurred with the ERA recommendation by stating that, "the City will help initiate and support an Atascadero Economic Round Table composed of diverse representation of the business community and residents to discuss, recommend and start community economic development and diversification". WHEREAS, The City of Atascadero's General PlanUpdate states as a basic community goal to "provide for a sound economic base to sustain the City's unique character" and in its Land Use Element that, "As a post-Proposition 13 City containing over 24 square miles of land, 23 square miles of which is residential in nature, it is imperative that a sound economic base be assured-" and, "Development of,a sound economic base will be critical to maintaining and enhancing the community's identity as a distinctive free-standing City". WHEREAS, It is a priority of the City of Atascadero to plan for a stable economic future, in keeping with the overall character of the community as stated in the General Plan; NOW, THEREFORE, The Atascadero City Council does resolve to refine the membership and purpose as follows: 1. Economic Round Table Membership. Membership of the Economic Round Table shall consist of nine ten (10) members as follows: 1 . One (1) member of the City Council (Mayor or designee) 2. One (1) member of the Chamber of Commerce (plus an alternate) 3. One (1) member of the Business Improvement Association (plus an alternate) 4. One (1) member of the Planning Commission (plus an alternate) 5. -Five (5) members-at-large from the business and ` financial community, appointed by the City Council 6. One (1) utility company representative, appointed by the City Council, to serve in an ex-officio capacity ®Ole11r Resolution No. 01-95 Page two of three 2. Terms. The City Council shall appoint the members-at-large of the Economic Round Table. The terms shall be coterminous with the councilmember who makes their appointment. The Councilmember and organization member appointments shall be determined annually by their respective organizations. 3. Duties and Responsibilities. The Round Table is not intended to serve as a conventional Council-appointed committee but rather as a City/private partnership of local citizens working to enhance the economic viability of the community toward goals identified in the City's General Plan and related policy documents. Toward this end, the Round Table shall pursue the following: A. Become familiar with the Economic Research Associates report and recommendations, the Long-Range Fiscal Analysis report's content and recommendations, and the goals and objectives of the City's General Plan. B. Recommendenhance- ment means for encouraging the retention' n 9 9 ete do and enhance ment of existingeconomic enterprises within the Cit of p Y Atascadero. C. Recommend methods for targeting econornic activities and enterprises which should be pursued in order to complement the City's existing industrial/commercial base while enhancing the City's principal revenue sources. D. Recommend, as appropriate, local development of a craftsmen park, home furnishings district, restaurant row, auto mall and unique traveler destination economic enterprises consistent with Item #C. E. Follow up on any question referred to it by the City Council for investigation, finding or report. 4. Operations. The Round Table shall annually choose its own officers, as appropriate, make its own rules and regulations, including appointment of subcommittees, and keep a journal of its proceedings. Selection of officers shall be at the September meeting or as soon thereafter as is feasible. The majority of its members shall be a quorum for the trans- action of business where specific recommendations are to be made. Otherwise, meetings with less than a quorum may be,held as determined by the Chair. Resolution No. 01-95 Page three of three I 5. Meetings. The Round Table shall meet at the discretion of its elected chair, provided that it shall meet at least quarterly. Proper notice of time, place and agenda of said meetings shall be posted in accordance with the provisions of Section 54956 of the Government Code of the State of California. 6. Reports. The chairperson of the Round Table shall report to the City Council, as appropriate, for information or recommended action, with the understanding that there shall,be at least semi-annual reports on the Round Table's activities. On motion by Councilmember Highland, seconded by Councilmember Luna, the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley NOES: None ABSENT: None ADOPTED: March 28, 1995 ATTEST-: CITY OF ATASCADERO LEE PRICE, City Clerk R. DAVID BEWLEY, M`S�or APPROVED AS TO FORM: ARTHER R. M NTANDON, i y orney 0001 '� MEMORANDUM TO CITY COUNCIL AGENDA ITEM: C-1 OTY OF ATASCADERO DATE: 5-9-95 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director of Community Services SUBJECT: Proposal from Rotary Club of Atascadero to initiate a project to install pedestriar lighting around Atascadero Lake. RECOMMENDATION: It is recommended that the City Council endorse the Rotary Club's offer to ins l pedestrian lighting around Atascadero Lake. It is further recommended that the City Council refer the mattei to the Parks and Recreation Commission for consideration and feedback. DISCUSSION: qh�e Rotary Club of Atascadero has made a generous offer to the City of Atasca ero to "Light up the Lake" as a community project for the City of Atascadero. (Please see attached correspondence) Certainly, this proposed project would be of great benefit to the community. There is significant need for lighting around the lake for public safety reasons to increase visibility and security, and to enhance and improve the pedestrian path itself. The lights would also be an attractive ammenity to the lake area. There are a number of issues which would need to be determined prior to formally approving`the lighting project. Such considerations include the following: - Determining the exact placement of light locations. - The support/opposition of neighbors around the lake. (It is anticipated tha there will not be a problem with the neighbors.) - The City's ability to afford ongoing energy and maintenance costs. - Whether or not fee waivers for the project are appropriate. - The lighting projects consistency with the park master plan and related pl nning issues. - The response to the lighting project from the Department of Fish and Game. - Likelihood of funding support from the community with so many other community projects underway, and the feasibility of completing the project within a reasonable period of time. Many of these issues can be addressed by the Parks and Recreation Commissi n and the staff working in 10operation with the Rotary Club. By referring the lighting project to the Comm ssion with the City Council ceptual endorsement, we can begin to work these issues out, and bring the it mback to the City Council with answers and a final recommendation. It may also be worthwhile to look at convertin Lakeview to a one-way street at this time to allow for more* Y g Y pedestrian space on the east side of the Lake, and great pedestrian and traffic safety. Perhaps, this matter could be returned to the Traffic Safety Committee at the same time. FINANCIAL IMPACT Annual energy costs are estimated to be approximately $2,190.00. Maintenance costs should be minimal due to the type of lighting and fixtures that are proposed. The fixtures are strong and considered "Vandal resistant". (Nothing is really "vandal proof".) LAKELITE.MEM i Board of Directors 1994-95 i ROTARY CLUB OF ATASCADERO Robert Liilleyresident PresidentElect � D '>oc1� DISTRICT 52410 OF ROTARY INTERNATIONAL Pete Reed,Past President Mike Mamot,Secretary Mike Lucas,Treasurer � ` Bob Johansen,Club Service Director Don Idler,Community Service Director Dutch Nichols,Vocational Service Director Jackie Lerno,International Service Director Allen Litten,Membership Director Russ Silva,Fellowship Director Don Price,Director at Large RE!"FittF*'} i APR I 1 April li7 , 1995 IATASCADERO C+TY Nar`1NAGER 1 Atascadero City Council. 6500 Palma Avenue Atascadero , CA 93422 Dear Mr . Mayor , and Members of the Ci .-y CouciJ ; Each year the Rotary Club of Atascadero Cakes on the responsibility for a project that. will benefit the people in our community. This year we have chosen to "Light the Lake" , -.escribed t-ri efly a the attached folded page . • We are requesr_ing a place on yoi..,-- May 9 , 1995 meeting agenda whe- we will be able to describe our proposal in more dLtail . your support and cooperation are essential to *.!-:e success: of our project . Thank you. Sincerely", l John I1. Vial , r'res Ldetct JOHN VIAL - 6000 LLANO ROAD - ATASCADERO, CALIFORNIA 93422 - (805) 466-3153 MIKE MAMOT - POST OFFICE BOX 100 - ATASCADERO,CALIFORNIA 93423 (805) 466-2988 .9 e- 19 ROTARY CLUB OF ATASCADERO PROJECT PLAN LIGHT THE LAKE 19941995 Goals: 1. Provide and install approximately 50 decorative lamp posts along the walking path around Atascadero Lake. 2. Upgrade the walking path. Purpose: 1. Provide added safety for the many people who use the path in the evening or early morning. 2. Extend the use time of the area for those who would use the path if fight were provided. 3. Add to the aesthetics of the area without offending nearby residents. Organization: The Rotary Club of Atascadero will organize the project by: 1. Obtaining necessary permits, approvals, and community support. 2. Choosing the lamp post. 3. Determining the costs for maintenance, installation, path upgrade, power and lamp posts. 4. Offering to the public(individuals, groups, and businesses)the opportunity to make a donation toward the purchase of the lamp posts. 5. Overseeing the installation process. 6. Providing permanent plaques on each lamp post recognizing the sponsor. Lamp Post Cost Estimate: 1. Lamp post including tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1600.00 2. Installation per post with path upgrade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2000.00 Total estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3600.00 Lamp Post Description: 1. Lamp Post Domus Series Model DMS 10,teal color, manufactured by Tumec Inc. and sold through Gold Coast Sales in Arroyo Grande. 2. Light output pattern: soft light (.2-.4 footcandles) output in a ground pattern 20'wide and 125' long with a "luminous ring"on top. 3. Lamp height 15 feet. Club's Financial Commitment Estimate: 1. Purchase 1 lamp post . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . $3600.00 2. Pavilion display expense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1000.00 3. Ad flyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500.00 . . . . . ... . . . . . . . . . . . . . . . . . . . 4. City permit fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500.00 5. Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500.00 6. Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1000.00 7. 50 permanent plaques . . . . . . . . . . . . . . . . . $2500.00 . . . . . . . . . . . . . . . . . Total Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . $9,600.00 MEMORANDUM TO CITY COUNCIL AGENDA ITEM: C-2 ITY OF ATASCADERO DATE: 5-9-95 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director of Community Services SUBJECT: Request to name ballfield in memory of the late Jared Cunningham. RECOMMENDATION• It is recommended by the Parks and Recreation Commission and the staff that he City Council approve the request to name ballfield #3 at Paloma Creek Park in memory of Jared 77. Cunningham. It is also recommended that a sub-committee of the Parks and Recreation Commission be formed to draft a public facility' naming policy for future use to be considered for adoption by the City Council Staff is recommending that the sign on ballfield #3 be 18" x 36" and constructed of aluminum. The signs all be painted to read "Jared T. Cunningham Memorial Field", and posted on the backstop. *MCUSSION: We have received a request (attachment "A") from Mr. Eric Gobler to name ball eld#3 at Paloma Creek Park in memory of Jared T. Cunningham who was tragically killed in an automobile accident. The Atascadero Little League Board fully supports the approval of the request. (attachment "B") The City has apparently never established and adopted formal policies for t e <naming of City facilities. Without such policy guidelines, it is extremely difficult to make decisions on the naming of public facilities without being arbitrary. However, there is some precedent that has been established for the naming of some City facilities for individuals in the past. The City's Equestrian Arena at Palonia Creek Park was named in honor of Mr. Miles Wemp, due in large part to the significant contributions Mr. Wemp made to the planning and construction of the arena. Also, the ballfield on Portola was named "Alvord Field" in memory of Vincent Reif in 1968. Details are not well known. Also, one of the ballfields at Traffic Way Park was named "Henderson Field many years ago. The sign has since been removed,but a member of the family has recently called to have a sign re-installed at the field. Few people have any recollection of who the field was named after or when it was done. In both cases, Alvord Field and Henderson Field were named when Atascadero was a part of the County. Recently, the County has adopted a policy for the namiiig of facilities,,,which I have attached to this report for your information. (Attachment "C"). I have also attached the City of Morro Bay's facility naming policy (Attachment "b"). Inquiries made with Lee Price, City Clerk,confirmed there is no City Council p icy on record for the naming f facilities and streets. However, the subject has been discussed at the City C uncil and Commission levels 000r%,� occasionally over the years. For example, the City has an "unwritten policy of naming City streets with spanish names. This was recently waived when a developer was allowed to name a street "Cole Court" after his young son who passed away. It appears these types of.decisions have been made on a case by case basis0 It is staff's feeling that a firm policy should be established for the naming of public parks and buildings. Since at least two ballfields have been named after individuals, perhaps the naming of ballfields for individuals can continue at the discretion of the Commission and City Council on a case by case basis. The Commission felt that a policy should also be established to handle similar requests in the future for the naming of public facilities A sub=committee could be formed to work on a draft policy. There was some discussion at the Commission meeting on April 26, 1995, of some potential alternatives to the naming of a ballfield in memory of an individual, which included the suggestion to add dedications in the memory of more than one person at a single "memorial ballfield." Other alternatives discussed included installing a memorial flag pole to which plaques could be dedicated to the memory of a loved one. Planting a memorial grove of trees was also suggested. Ultimately, the Commission decided to recommend naming the field"Cunningham field" in Jared's memory, with the proposal to establish a formal policy for such dedications in the future. ALTERNATIVE TO RECOMMENDATION: The City Council may wish to consider developing a public facility naming policy prior to acting on the request to name the ballfield at Paloma Creek Park. If that is the desire of the City Council, the issue could be referred back to the Parks and Recreation Commission for a recommended policy. JAREDCUM MEM 1 Attachment "A" March 13, 1995 Mr. George Beatie, Chairman Parks and Recreation Commission City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Dear Mr. Beatie: Subject: Naming of Paloma Field #3 in memory of JaredT, Cunningham As you are aware, Jared Cunningham tragically lost his life igna local automobile accident on December 20, 1994. Jared was a very popular, admired,and charming eighth grader at Atascadero Junior High. He and his family are well respectedk the comrounity. I believe you are also aware that I have been working with Brady Cherry ter the past'!,..•several weeks to lay the ground work for naming Paloma Field #3 in honor and mmory of Jared. Among many other qualities, those close to Jared marveled at his tremenns athletic`ability. Of course, baseball was one of his favorite sports. I write this letter seeking the City's support and approval in rawhig Paloma Field #3 in Jared's memory. I have discussed this request with the Cunningham wily and with Atascadero Little League. The Cunningham's and Atascadero Little League fullysipport the honorable memorial. With the City's approval, I would like to have a sign placed awe field, possibly an aluminum sign on the backstop "CUNNINGHAM FIELD" and a redwoadsigQ placed at the field entrance to read as indicated on the attachment. City approval of the memorial would be extremely meaningful bathe Cunni gham family and the many friends and families who were touched by Jared's life. I do not;, seek any monetary contribution from the City, just acceptance and approval. Please call me if you have any questions or if you would Blas me to meet with you or the Commission. The process is unclear to me, but I would like to pooceed as quickly as is possible. Respectfully submitted, E 'c 0Gobler-------' 9110 Atascadero Avenue 466-8632 (h) 549-3467 (w) KDJARED.T2 00() �.� m • MEN 02 Z � ZU. � sZ-j < C) Z WILI Z � W W Z Z V • • s part:^;.,! Atascadero Little League Attachment "B" P.O. Box 2375 Atascadero, CA 93423 (805) 461-5929 April 19, 1995 Mr . Brady Cherry City of Atascadero 6500 Paloma Avenue Atascadero, CA 93422 Re: Paloma Field Dear Mr. Cherry: I have been in close contact with Mr . Gobler with regard to Paloma Field t#3. The Board of the Atascadero Little League has • approved placing a plaque at the field in memory of Jared Cunningham. The Atascadero Little League is not opposed to any decision the City may have as to renaming the field the Jared Cunningham Field. If you e any questions , please contact me. Sin erely, Mario Perez, Preside Atascadero Little ea ue 1 I C. To avoid duP licanon and confusion, all proposed nm=for park or recreation facilities should be checked against other park or facility naacs found in the community. D. Once a name has been selected by the Parks Division,it shalt be forwarded to the San Luis Obispo County Paries and Recreation Commisibn for final approval. In the case of park units, names shall then be forwarded to the3bard of Supervisors for adoption. Approved by: APP . Tim Gallagher, -Pa& Manager I 00n. � i Attachment POLICIES & PROCEDURES MANUAL . PARKS, OPEN SPACE & CULTURAL RESOURCES Department of General Services TITLE: Naming County Recreational Facilities DATE: May 3, 1991 SUPERSEDES: NUMBER: 2.07 I. PURPOSE To establish a uniform process for naming County park and remotion facilities. II. POLICY A. The name of a park or recreation facility should, if possible, Dave geographic, botanic, zoologic, agrieul=ral, or historic significance generally recognized and known throughour the County. •�. B. A park or recreation facility should not be named after a person unless one of the foilowing exceptions apply: 1. The park was acquired by means of a�bstantiai gift or dpnatioa by an individual, family or corporation. Such gifts or donations tray carry a stipulation, if ac;;epmble m the Board of Supervisors..that a certain name be used to identify the park. 2. An individual who has made a substantial conmbutiom in tears or volunteer services, providing a broad recreational or environmenra� benefit to the residents of San Luis Obispo County. C. A park or recreation facility should not be named after a person whose contribution CO the park system was or is a part of that individual's normal duties as an employer of an agency under the jurisdiction of the San Luis Obispo County Board of Supervisors. An exception may be made for former employees who have contributed volunteer services of an exceptional nature beyond their normal duties. III. PROCEDURE A. The Warks Division shall solicit help from historical societies or other groups having special lmowledge �:-`,en considering a Mane to highlight an area's geographic or historic sienificauce. `..� B. To stimulate public interest and obtain name suggestions, a part of the seiecdor,process may include a contest or competition involving ��e public. Only �uagest:ons whica meet policy guidelines shall be considered. '�'-12-2693 me R P 982 P01 , RESOLUTION NO. 13 8-80 Attachment "D" RESOLUTION ADOPTING A PARK NAMING POLICY P A R K S A N D R E C R E A T I O N C O M M I S S I O N City of Morro Bay, California Wn EREAS, parks, public buildings, and park amenities will be named according; to the principles stated herein: 1) Public buildings will be named by their function. For example, a city hall will be called a city hall and a recreation building will be called a recreation building. 2) Park amenities will not be named; however, donors of amenities may be recognized. 3) Parks will be named by their location in the city; either by proximity to a geological feature, location in a . subdivision tract, or fronting on a street, such as Morro Bock Park - such as Del Mark Park - such as Hemlock Park. Exceptions to these principles: These places can he named after persons when: primarily 1) The person has been p y instrumental in obtaining l donation of funds or land for the facility. 2) The person donates the land (or funds to purchase the land) and desires to have the facility named in his/her honor. 3) A person has been deceased for more than two years and the City Council believes the person's contribution to the aspect of the City which the facility represents were of such a value to the City that the person's memory should be honored by the naming of the facility. WHEREAS, these facilities can be named after a`governmental fund or grant if the circumstances are deemed appropriate by City Council (example, the Veterans memorial Building) . NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of Morro Bay hereby adopts this Park Naming Policysubmi-tted by the Parks and Recreation Commission. (+t.1a'. REPORT TO CITY COUNCIL Meeting Date: 05/09/95 CITY OF ATASCADERO Agenda Item C-3 Through: Andy Takata, City Manager From: Lee Price, City Clerk SUBJECT: 1996 General Municipal Election. RECOMMENDATION: Direct staff to bring back an ordinance changing the date of the general municipal election from June to November. BACKGROUND: Government Code Section 36503.5 specifies that a city m y hold its general municipal election on the same day as: 1) the statewide direct primary, 2) the statewide general election, or 3) on the day of school district elections. The Elections Code designates election dates as follows: 1. The second Tuesday of April in even-numbered year . 2. The first Tuesday after the first Monday in March of odd-numbered years. 3. The fourth Tuesday in March in any year which is evenly divisible by the number four (this is the "new" date). 4. The first Tuesday after the first Monday in June of each year. 5. The first Tuesday after the first Monday in November of each year. The City of Atascadero, by ordinance adopted in 1981, hits consolidated its general municipal election with the statewide primary. The statewide primary has historically been held in June (election date #4 above). In 1993, an election pilot program was enacted by the state legislature which moves the statewide primary from June to March. Although the pilot program is for 1996 only, election officials and consultants statewide have predicted that the language will be extended by the legislature and the Governor prior to January 1, 1998. The new law will obviously affect Atascadero's election date. DISCUSSION: The City Council must make a decision about whether it wants to hold the 1996 election in March or in November. If it is decided that the City will hold the election in March, it will not be necessary to make any changes in the Municipal Code, however,` it would result in the immediate shortening of terms of three Councilmembers and ultimately those of the City:Treasurer and City Clerk. Although the new law makes a provision that terms of office may be decreased or increased no more than twelve months, the City Attorney isnot legally comfortable with shortening terms and is, therefore, recommending against it. If the City Council chooses to move the election date to November, it will be necessary to amend the Municipal Code by ordinance. In addition, State Law requires that within thirty days after the ordinance becomes operative,the City Clerk shall cause a notice to be mailed to all registered voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result in the change in election date, elected city officeholders` terms in office will be changed. FISCAL ANALYSIS: Julie Rodewald, County Clerk-Recorder, has indicated that the County Elections Division will be able to accommodate the City of Atascadero in either March or November. Exhibit "A" attached is the County's estimate of election costs. To summarize, the County estimates that the March election would cost the City of Atascadero anywhere from $19,700 to $25,440.00. The November,election would cost the City between $14,650.00 and $16,280.00: If the City Council acts to change the election date to November, costs associated with noticing the public will total $3,800. Attachments: Exhibit "A" County Elections Estimated Cost Summary AMC Section 2=14.01 40 ^ I EXHIBIT "A° CITY OF ATASCADERO ESTIMATED COST SUMN"Y MARCH 26, 1996 PRIMARY ELECTION: Estimated Voter Registration 13,500 Seven Parties - Two Ballot Types Share the ballot with: Federal Contests, State Contests, County Contests and City Printing $11,000.00 to $12,0001.00 Labor $ 2,300.00 Services/Supplies $ 3,800.00 Postage: Samples & Absentees $ 700.00 Election Workers $ 900.00 TOTAL ESTIMATED COSTS $19,700.00 to $25,440L00 $1.46 to $1.89 per registered voter NOVEMBER 5. 1996 GENERAL ELECTION Estimated Voter Registration 14,000 Two Ballot Types Share the ballot with: Federal Contests, State Contests, County Contests, Cuestas Atascadero Unified School District and City Printing $ 8,000.00 to $ 9,000.00 Labor $ 1,800.00 Services/Supplies $ 2,700.00 Postage: Samples & Absentees $ 550.00 Election Workers $ 600.00 TOTAL ESTIMATED COSTS $14,650.00 to $16,280.00 $1.05 to $1.17 per registered voter 000'%,9.2 2-14.01 CHAPTER 14. ELECTIONS Sec. 2-14.01. Held when. Pursuant to the authority granted by the State, the City shall hold its general municipal election on the same day as the statewide direct primary election. The date for said election is the first Tuesday after the first Monday in June of even- numbered years, unless otherwise designated by the State. (Ord.. 45 § 2-4.101 , 1981) 89 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda I em: C-4 Through: Andrew J. Takata Meeting ate 05/09/95 From: Henry Engen ) Community Development Director SUBJECT: LAFCO (Local Agency Formation Commission) - Proposed revisions to LAFCO' s "Standards for the Evaluation of Proposals" . RECOMMENDATION`• Following review and discussion, provide direction to staff' (Councilman Highland is requesting that consideration be given to sending a letter of protest to LAFCO, together with requesting the Attorney General ' s opinion on the legality of adopting such standards . ) BACKGROUND• On April 20, 1995, LAFCO considered adding Standar s -Nos. 13, 14 and 15 as outlined in the attachments. These proposals were generated by a member of LAFCO and the action of that body was to reject standards relative to affordable housing and water avail- ability, but to adopt Standard 14 relative to in-fill. Also attached herewith are a letter of protest from Mayor Allen Settle of San LuisObispo contending that the addition of these standards_would have the effect of adopting criteria that regulates land use, which is a local prerogative. Also included are letters from Fred Strong and Associates contending that the action proposed violates the State Statutes and is an abusive discretion by LAFCO, and a memorandum from the Building Industry Association of the Central Coast protesting the standards. HE:ph Encls Proposed Revision to LAFCO' s "Standards f r the Evaluation of Proposals" Letter from Mayor Allen Settle of San Luis Obispo to LAFCO, April 24, 1995 Communications from Fred Strong, April 19th and April 24, 1995 Memorandum from the Building Industry Association of the Central Coast, April 14, 1995 000 .610 pRopoSr.Q PfMSION TO LAFC ' .S-r ►Nt)ARDS ptOR THlll m A'AGUAMON OF PROPO$ALS" The Proposed language for LAFCO R"Ok tton T"t L Ilii "aflofdablo Housing`s is as logo"* {� imp is on Wlardabie housing nwm be oonsidered. The I& in any Prop �� the of new on e[forclabl® taostart�sssirttt wllil �'� � housng stoat,mk ontj In the jUdOdWQnt*wi fth the sphere of lrrfiu+snesi'erratf*r service revision or aeon is proposed,but alsoIn ttaalghboring judsdWOWW- The agency to whim the sphere Of Influence and/or ice r4VISIOn cw amexation is proposed. should damar Ua to the C mm cion that the on aitvda le hour have beers~0&4of that pmpo* pmjW � In-FW,le as fir�fit�ws: The proposed �g a for LAFCO l�BSOMon rrS, I• 3,a��.�� 14. The Canmmission encourages dsa+retap TWM on va+=nt cr under--~ Pameft already within the boundaries of a luriscltotmm prkx to annexation of is ofk wilhtn tW Vupncy'$soar*of kfterie a and service, The agency snould pfovids LAFOO with d build-out ost rruate►or inW tory And,document how it was prrpAW. In AM spheres of kflueme and/or service revl�aiort of Rmn ion Wold the agency should deffiOnS uta'that it has the r.`.a ocay to ve the vaunt or under- agency pa tots akeldy wftWn its bour rie% slam the Vhere of InflUenco andlor stho ea rWQ ravislm or eau � Omm It thea Pml�lli ba pmis In t ud a service ar l- as �a3my should demor�trate that ade4 . i d for such }phase. AitrartatIVO single or awls OO ter the Pr$ proleet that ars alivady VAhIn the 8901MY'a boUndadft should also be id+wtWgd- The pMpQWWwage for WCO Reaiatutiart'73-0, 1. §2GIB UDdlyds_ *Veto AvallabtiW. i$ acs#aikwvs: O h order ,they Camml$$i*n requims that the agency 15. In proposal r rhsir .SWvi� r *n or afrnsxaaWn is th to which the aphharr+rr Irstltt tthe availability of an adeqCs" � tend proposed should damonstretta eustair►abie supply of water. in cases Where a�dwreloprnent is psopa�' the agency should demar ar u seropo ed sp Y re f W Qd In cu"s Witenr ar prc►p�'ead sphere °� trtliuenaro as / r*needed for will bo serued by an on-alta Water sourc+a. and/or st+rd�ravlaslon sx aan+ n the proporsent ahould darnongtrato its adowaW. 000 " �tY o G � City Of SAn tuls ,'OBISPO � 0 � . ♦ OFFICE OF THE CITY COUNCIL is O Post Office Box 8100 San Luis Obispo,CA 93403-8100 805/781-7119 RECEIVED April 24, 1995 nrp f r,. P R VirCf A r 4U CI1� �t'AI '4G.ER Duane Picanco, Chairman --- Local Agency Formation Commission County of San Luis Obispo Government Center Room 370 San Luis Obispo, CA 93408 RE: LAFCo revision to Standards for Evaluation of Proposals Dear Mr. Picanco: On April 20, 1995, LAFCo considered minor amendments to three of their Standards for the Evaluation of Proposals. The three standards in question, #s 13, 14, and 15 were added to the list of standards in 1993. These standards were written to apply to annexgation proposals. The . proposed amendments to these standards would add references to "sphere of influence and/or service revision" to allow the standards to be applied to these actions as well. As you know, the Commission's action, following hearing,was to adopt the change for standard#14, "In-Fill," and leave the other two standards unchanged. While the proposed amendments do not represent a potential to significanjtly affect the criteria now applied to the City's requests for annexations, they would apply additionally to proposals to adjust the City's sphere of influence and service district boundaries. They also re-focus our attention to the appropriateness of the three standards added in 1993 and cause us to again question whether LAFCo should be evaluating our boundary adjustment proposals with respect to planning issues such as affordable housing, jobs/housing balance, or our use of infill development potential, in addition to more usual (and generally accepted) concerns for appropriateness of boundaries, and our ability to provide necessary and adequate services and infrastructure. Basing its decisions on these additional social issues puts LAFCo in the position of reviewing local planning decisions. This type of review, to the best of our knowledge, was never intended by the enabling legislation to be within the purview of LAFCo. Although charged to encourage orderly growth and development, orderly typically meant that a boundary adjustment was consistent with an adopted plan and that service district boundaries did notoverlap. As a matter of fact, there are several specific limitations on the powers of LAFCo in the Cortese/Knox Act. One of these limitations says that LAFCo may not impose conditions directly regulating land use. The City of San Luis Obispo is committed to include the disabled in all of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. n 0 J 7:J Duane Picanco Page 2 LAFCo revision to Standards for Evaluation of Proposals April 24, 1995 . The effect of the standards adopted two years ago, depending on how applied, could be to regulate land use. While charged to encourage orderly growth and protect agricultural and open space resources, this seems to be a very active form of encouragement. The effect of these standards was seen during the recent TK annexation to San Luis Obispo, where during their consideration, several LAFCo members questioned City staff about our progress in providing affordable housing for workers that would fill the jobs that would be created by development of the TK property. During their consideration of the three new standards in 1993, prior to adoption LAFCo received comments from our city and others that the proposed standards would create additional bureaucratic hoops for both cities and private applicants, and imposed requirements beyond the scope of LAFCo responsibility. It was noted that there was already too much government bureaucracy and too many agencies attempting to dictate local decisions. The State Department of Housing and Community Development already dictates housing policy, monitors progress, and is beginning to initiate sanctions. The idea of regional planning was explored by a State appointed commission and determined that it did not have local support and that an additional regional planning agency would create another bureaucracy at a time when government needed to streamline and reduce the scope of its activities. This is the larger issue that is concern to our Council, and was the focus of comments by Councilmember Roalman and Vice Mayor Romero . at your meeting last week. In summary, as noted above the effect of the proposed amendments that LAFCo is currently considering are not really significant to the city, given that the standards that affect annexations are already in place. However, we want to once again register our objection to standards 13, 14, and 15 as being beyond the scope of the Commission's responsibility and propose that they be eliminated entirely rather than be expanded in scope of application. Sincerely, 4AlleK. Settle Mayor AKS:AJ:mk c: City Council Mayors & City Managers, SLO County Cities 000^ '; 9 i F. Strong ens' Associates P.O. Box3621 Paso 7Zod1es, CA 93447-3621 phone (805)239-1065 April 24, 1995 Mr. Paul Hood San Luis Obispo County LAFCO County Government Center San Luis Obispo, CA 93401 Dear Mr. Hood: The written protest filed by myself on the four April 20, 1995, LAFCO agenda items, other than the Nipomo matter, were submitted for serious consideration during the deliberations on those matters. They were filed, in part, to satisfy Section 56105 of the Cortese-Knox Local Government Reorganization Act of 1985 The fact that it was referred to staff for comment at some future time and that the decisions were made without regard to its contents, I believe, constitutes an abuse of discretion (Section $6107) and is especially onerous in light of the adverse effects these klecisions will reasonably have upon citizens and landowners in this county and their • property rights. Based on my experience in making my living, in full or part, from land use consultingand related activities for over 25 ears I believe m own Y � Y future livelihood is material) affected b these decisions flection 56107 Y Y (. ) and that the cavalier manner in which my testimony, written and verbal, was handled constitutes a serious infringement upon my; rights to life, liberty and the pursuit of happiness ... and a livelihood consistent with the direction I have taken in my professional life. I believe this is also true, as was testified to, by landowners, who are property tax players, and by other segments of the development community. Further, these actions impact the ability of local governments to meet the mandates of the Housing Elements of their General Plans because of fiscal and economic impacts (Section 56001) which may, in turn, have a significant effect upon the environment [City of Livermore v. LAFCO (1986) 183 Cal.App.3d 681]. 1 also request that this letter be placed in the record of'.'.these matters and that an appropriate response, reconsideration and action take place. I am proceeding to pursue this further. Thanking you for your consideration and hoping for appropriate attention to hese matter , am sincerely yours, Fr d Strong F. Strong & Associ tes F. Strong & .Associates P.O. BoX 3621 is Faso Robles, CA 93447-3621 phone (805) 239-1065 April 19,1995 LAFCO, Sphere of Influence and related research LAFCO & "Sphere" related history LAFCO as an entity was originally created under the Knox-Nisbet Act of 1965. It's authority was found in Title 5, Division 2, Chapter 6.6 of the Government Code. Section 54774 (as it existed in 1972) charges LAFCO with developing and determining the "sphere of influence" of each agency within the county. It also says, "As used in this section `sphere of influence' means a plan for the probable ultimate physical boundaries and service area of a local governmental agency." Seven criteria are mentioned to make that determination. None of them include zoning. That section also states, "The spheres of influence, after adoption, shall be used by the commission as a factor in making regular decisions on proposals over which it has jurisdiction." Those "proposals" were formation, annexations and dissolutions of • districts and political entities within its boundaries. The "spheres of influence" were nothing more than "tools" to be used, among others, in making appropriate decisions. [At that time the state's Planning and Zoning Law - Title 7, Chapter 3 of the Government Code - mandated the following in section 65300. "Each planning agency shall prepare and the legislative body of each county and city shall adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgement bears relation to its planning." Each "sphere of influence"served as a "tool"for its individual agency to use in making decisions. They were not necessarily identical nor approximately the same.] In 1974 the act was amended to add sections 54774.1 and 54774.2 which provided procedures involving "sphere of influence" creation and amendment. 54774.1 provided for a public hearing [previously not required] and 54774.2 provided for amendment proposals by the "legislative body" of the affected jurisdiction (local agency or county) [ there was no provision for proposals from individual land owners, groups or citizens acting independently]. Section 54774.2 also provided for a fee for a sphere of influence amendment to reimburse the LAFCO for "reasonable and necessary costs" but not to exceed $500. 00 In 1976 that was changed to eliminate the $500 cap and change the other fee language to "actual and direct costs incurred by the commission in complying with this section." Article 3, as it existed in 1972, covered "Powers." That article does NOT list "spheres of influence." It does list "annexation." Section 54790 (a) (3) states, "The annexation of territory to local agencies, (other than local agencies the annexation of territory to which is required to be made pursuant to the provisions, of Division 1(commencing with Section 56000) of Title 6 of this code);, provided that a commission shall not impose any conditions which would directly regulate land use or subdivision requirements. Nothing in this subsection, however, shall be construed as prohibiting a commission from requiring, as a condition to annexation, that a city prezone the territory to be annexed; provided that the commission shall not specify how or in what manner the territory shall be prezoned." That is the ONLY reference to prezoning in the Act at that time. It is NOT REQUIRED AT ALL. It is optional at the LAFCO's discretion 'las a condition to annexation" NOT a "condition to amending a sphere of influence." Sections 54774.1 and 54774.2 added in 1974, regarding "spheres of influence," do not contain the words "prezone" nor "prezoning." In 1974 no change was made to the Section 54790 (a) (3). Prezoning was not mentioned in "Factors to be considered" in annexation proposals (Sec. 54796) but subsection (h) says, "The `sphere of influences' of any local agency which may be applicable to the proposal being reviewed." [This • had been subsection (f) in 1972.] Because of perceived conflicts between various state laws the Act was consolidated with two others and totally revised by the Cortese-Knox Local Government Reorganization Act of 1985, Title 5, Division 3, Part 2, California Government Code. While the previous code did not include "prezone" or "sphere of influence" in its "definitions" the new code does define "sphere of influence" as: "a plan for the probable ultimate physical boundaries and service area of a local agency, as determined by the commission." (Sec. 56076) In the new code Chapter 3 is still "Powers" but Chapter 4 "Spheres of Influence" has been added. "Powers" includes "annexations." "Spheres of Influence" are entirely separate and apart and have their own chapter. In Chapter 3 the LAFCO is again enjoined against interference in planning matters of a city by the language: "A commission shall not impose any conditions which would directly regulate land use density or intensity, property development, or subdivision requirements."' That same subsection [56375 (2)] contains the same language concerning "prezone" as the previous Act. In Chapter 4 the statement of purpose for "spheres of! influence" is identical to the previous Act. The considerations have been revised and reworded somewhat. The hearing provisions are nearly identical but for -2- • "filing" things changed to include "Any person" in addition to local agencies. This Chapter also gives a procedure including "complying with the California Environmental Quality Act." [CEQA] In all of Chapter 4 (as revised 1985-1988) there is no mention of, or authority for, any "prezone." In the current copy of the Governor's Office of Planning and Research (OPR) document "LAFCOS, GENERAL PLANS, AND CITY ANNEXATIONS" (MAY 1986 - REVISED JANUARY 1990) annexations, prezones and spheres of influence are all addressed within the context of the document. Spheres of influence are said to be part of the planning function within LAFCO for its own use as a tool in performing its regulatory functions, especially regarding annexations. Regarding prezoning the document states that cities "may choose" to prezone areas expected to be annexed in the future. It also says that "the LAFCO may require that the city prezone the area within a Proposed annexation." [Underlining added] It further states that LAFCO will review "the annexation proposal" and that, "Prezoning will be considered a part of this review." NOWHERE DOES IT SAY THAT A PREZONE WILL BE PART OF THE CONSIDERATION OF A SPHERE OF INFLUENCE AMENDMENT. In covering "Environmental Review" the document is specific that the sphere of influence should be included in the CEQA documents DURING THE ANNEXATION CONSIDERATION! This is also applicable when the sphere of influence amendment is processed concurrently with an • annexation proposal. The KEY is the "annexation" proposal. A sphere of influence amendment is NOT a project. An annexation IS! The document states: "Ideally, a single environmental document will be prepared to address the annexation as well as all related general plan amendment, prezoning, sphere of influence or other proposals." Again - THE KEY WORD IS THE FIRST ITEM: "ANNEXATION!" Court Cases Sphere of Influence: LAFCO's changing the guidelines to determine spheres of influence is subject to CEQA [City of Livermore v. LAFCO (1986) 183 Cal.App.3d 681]. Establishing a sphere of influence line is not subject to CEQA [City of Agoura Hills v. LAFCO (1988) 198 Cal.App.3d 480]. Sphere of Influence was not mentioned as a consideration of CEQA, although prezonings and general plan amendments were, in environmental assessment of an annexation [Bozung v. LAFCO, supra; Pistoresi v. City of Madera (1982) 138 Cal.App.3d 284]. A sphere of influence including the property must be adopted before an annexation can be considered [Resource Defense Fund v. LAFCO (1983) 138 Cal.App.3d 987]. A sphere of influence amendment may be part of a joint action with an annexation [City of Agoura Hills v. LAFCO (1988) 198 Cal.App.3d 480]. -3- 0("o r7 From:Building Industry Association To: Andrew Takata Date:4114195 Time: 16:55:45 Page 1 of 1 BIR BUILDING INDUSTRY ASSOCIATION OF THE CENTRAL COAST P.O. Box 6180 •Santa Maria, CA 93456 (805) 928-7196 FAX (805) 928-7667 M E M O R A N D U M DATE: April 14, 1995 TO: City and County Administrators FROM: Daniel R. Lloyd, President RE: Proposed Revision to LAFCo's "Standards of the Evaluation of Proposals" Yesterday we were made aware of item B-1 scheduled for the April 20,1995 agenda for LAFCo relating to proposed revisions in. their standards for the evalwation of proposals. These proposed revisions will severely affect your ability. to plan your community or district's future by establishing how you will treat properties within your current boundaries and applying other tools and measuring sticks that are inappropriate fir determining your sphere of Influence. At their February 16,1995 meeting, the commission directed staff t4 prepare amended language to the standards to make Standards. 13,14 and 15 apply to spheres of influence and service revision requests, as well as to annexations. The revised language will seriously impact your ability to control your own internal planning ''process by having LAFCo evaluate whether or not they feel you have complied with their subjective determination of many factors. Those include: meeting affordability housing numbers, jobs/housing balance, in-fill priorities, availability and sustainability of water supply, and how these relate to neighboring jurisdictions. Please carefully read the proposed revised language attached to this transmittal. In our opinion, this action raises LAFCo to the status of "super agency" and initiates the regional planning concept that runs counter to local rule. We feel aocal agencies and districts know what is best for them and they should not be subjected to the potential political whims of the "no growth" advocates. This is an obviousintrusion into your sovereignty and should be resisted at all costs. We look forward to hearing from you or your representative at the LAFCo hearing on April 20. If you have any questions regarding our concerns about this proposed change, please call our office at 928-7196. 01 e , 'W O L ..F MEMORANDUM TO CITY COUNCIL AGENDA ITEM: C=5 CITY OF ATASCADERO DATE: 5-9-95 THROUGH: Andrew J. Takata, City Manager FROM: Brady Cherry, Director of Community Services SUBJECT: Approval of Agreement with Atascadero Recreation Center Committee( CC) to fund a Teen Coordinator position, and authorizing the creation of Youth Coordinator classification. RECOMMENDATION: Adopt Resolution No. 41-95 authorizing an agreement with the Atascad ro Recreation Center Committee (ARCO) to fund a Youth Coordinator position for twelve months and authorize the new classification for the Youth Coordinator position. DISCUSSIONS: The Atascadero Recreation Center Committee (ARCC) Board of Direc ors recently voted to allocate up to $1,000 of their funds each month for the Community Services Department to provide youth activities. On April 6, 1995, the staff clarified some of the ARCC goals and objectives with the Board. Specifically, program goals were discussed an J identified as well as City resources. The Community Services Department's role and partne hip with ARCC was clarified and again confirmed. City staff proposed that a Youth Coordinator be hired to plan, organAe and support youth programs and activities using the $1.,000 per month already allocated by ARCC. Recognizing the Community Services Department's limited ability to do an effective jo providing programs with existing staff, the ARCC Board acted to support and approve the proposal to fund-the coordinator position. It was decided that the arrangement between the City and the ARCC Board to fund and supervise the position could be modeled after the existbig agreement between the San Luis Obispo Zoological Society and the City to fund the Zoo I ducation Coordinator position. The arrangements could be nearly identical in all respects. The ARCC Board has agreed to fund the position for twelve (12) months. Essentially, this proposed agreement allows both the City and the ARCC Board to concentrate on the development of a Youth Center by providing interim programming while fundraising and the work to rehabilitate the Masonic Temple/Printery building progresses. 0(1(1" 'a FISCAL IMPACT No direct impact to the City. The Community Services Department will provide some "in-kind" support for supervision, office space and supplies out of existing Recreation division budget. It is anticipated that the monthly wages and benefits for the Youth Coordinator position will not require the entire $1,000 per month and remaining funds will be used for direct programming expenses. Please see the budget attached to this report. (��0^ 10 ` RESOLUTION NUMBER 41-95 RESOLUTION OF THE CITY COUNCIL OF THE CI'T'Y OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ATASCADERO RECREATION CENTER COMMITTEE FOR FUNDING OF A YOUTH COORDINATOR POSITION AND RELATED COSTS The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Mayor is hereby authorized to execute an agreement with the Atascadero Recreation Center Committee (ARCC) for the funding of a Youth Coordinator position and program development for twelve months at a maximum of $1,000 per month. 2. The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3. The Finance Director is hereby authorized to appropriate funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 9th day of May, 1995. ATTEST: CITY OF ATASCADERO LEE PRICE, City Clerk R. DAVID BEWLEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney Contract No. AGREEMENT BETWEEN THE CITY OF ATASCADERO 0 AND THE ATASCADERO RECREATION CENTER COMMITTEE TO PROVIDE RECREATION PROGRAMS FOR TEENS/YOUTH This agreement is made upon the date of execution, as set forth below, by and between the Atascadero Recreation Center Committee, hereinafter referred to as "Contractor" , and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City. " The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1. 00 SPECIFIC PROVISIONS 1. 01 PURPOSE: The purpose for this agreement is to provide Recreation programs for teens and other youth groups. Such services will be provided through the employment of a temporary, part-time Teen Program Coordinator. City will employ a Teen Center Coordinator with all direct costs reimbursed by the Contractor. 1. 02 REPORTING RELATIONSHIPS: The Teen Center Coordinator will report to the Recreation Supervisor, or his designee, for daily supervision and direction. Overall direction of recreation programming for teens will reside with the City. 1. 03 RECREATION PROGRAMS FOR TEENS: Recreation Programs for Teens shall be limited to those duties and tasks as set forth in Exhibit A, entitled "Job Duties. " 1. 04 RESOLUTION OF DISPUTES: In the event the Teen Program Coordinator has questions or concerns regarding the overall direction of the Recreation Programs for Teens, he/she shall discuss such concerns directly with the Recreation supervisor. If such discussions at that level do not lead to a resolution, the Recreation Supervisor shall discuss his/her concerns with the Contractor. 1. 05 COMPENSATION/REIMBURSEMENT OF EXPENSES: The City agrees to pay an hourly wage, workers' compensation and any related payroll taxes for the Teen Program Coordinator. Payroll records shall be prepared and maintained to verify such charges. Any related expenses, such as mileage, or training, will be monitored and approved by the City, and paid by the contractor within the confines of a mutually agreed upon Teen Program budget. On a monthly basis, the City shall bill the Contractor for all direct expenses associated with the Teen Program Coordinator. Payment shall be due and payable upon presentation of the monthly statement. 1 The annual amount of reimbursement to the Cita by the . Contractor shall not exceed Twelve Thousand Dollars ($12 , 000) , including all related Teen programexpenses as set forth above. 2 . 00 GENERAL PROVISIONS 2 . 01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 2. 02 COOPERATION: City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor's duties under this agreement. 2 .03 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity. 2 . 04 NO WAIVER: The waiver of any breach byi any party of any provision of this agreement shall not conrstitute a continuing waiver or a waiver of any subsequent breach of this agreement. 2 . 05 ASSIGNMENT: This agreement is specifically not assignable by Contractor to any person or entity. Any • assignment or attempt to assign by Contractor, whether it be voluntary or involuntary, by operation of lawor otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in jsection 3 . 03 . 2 . 06 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 2 . 07 INDEMNIFICATION: City agrees to furnish space for use by the Contractor while performing the services described in this agreement only as set forth in "Exhibit ?D" , hereby incorporated herein. Any work space requirements not set forth in "Exhibit D" shall be the responsibility of Contractor, and Contractor may use alternate ',,space for performing described services. 2 . 08 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to 'zecure • 2 3 materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 2. 09 TERMINATION ON NOTICE: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted bo this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS CITY OF ATASCADERO 6500 Palma Avenue Atascadero, Ca 93422 Attention: (Finance) ATASCADERO RECREATION CENTER P.O. Box 2322 • Atascadero, Ca 93423 Attn: President 2. 10 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 2 . 11 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 2. 12 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legis- lative or rulemaking act to be either invalid, void or unen- forceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 3 2 . 13 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the Subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 2. 14 TIME: Time is expressly declared to be of the essence of this agreement. 2.15 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 2 . 16 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this agreement or any amendments or exhibits thereto. The captions of the sections are for con- venience and reference only, and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 2 . 17 AMENDMENTS: Amendments to this agreement shall be made only with the mutual written consent of all of the parties to this agreement. 3.00 TERMINATION OF AGREEMENT 3. 01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, any party hereto may terminate this agreement, at any time, without cause by giving at least 30 days prior written notice to the other parties to this agreement. 3 . 02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the 30 days as set forth in Section 3 . 01; (5) End of the contract to which Contractorl's services were necessary; or (6) Assignment of this agreement by Contractor withouth the consent of the City. 3. 03 TERMINATION BY ANY PARTY FOR DEFAULT OR CONTRACTOR: 4 Should any party default in the performance of this agreement or materially breach any of its provisions, a non- breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 3. 04 TERMINATION: This agreement shall terminate on June 300, 1996 unless extended as set forth in this Section. The City, with the agreement of the Contractor, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. Executed on , 1995, at Atascadero, California. Attest: CITY OF ATASCADERO By: LEE PRICE R. DAVID BEWLEY, City Clerk Mayor Approved as to form: By: ARTHER R. MONTANDON, Contractor City Attorney Revised 3/95 arcc.con 5 i i EXHIBIT A S - PROFESSIONAL SERVICES TO BE PERFORMED BY THE (CONTRACTOR) (CONSULTANT) Contractor shall provide consultation and professional management services to City as follows: • 6 i Yout_h__Center/ Teen Program Budget ;:FY 94/5 :VARIABLES i #Coordinator 1 #hours/ Coor 20 #weeks/coordinator 52 Pay rate/Coord. 8.88: '#Service worker 1 #hours/svc wkr 01 #weeks/svc wkr 2 pay rate/svc wkr 5.5 i Office supplies 0 Tools/equip replacm 0 i ;water bill 0 electrical bill 0 gas bill 0 custodial supplies 0 I building repair supp 0 contract svc/Maint. 0 :#sml. events per yea 0 revenue/Irg. event 0 #Irg. events per year 0 contract svc/floors 0 #long term rentals 0 $/month rental fee 0; #misc meetings 0 #revenue/sml. event oil rental fee/hour mtg 0 Budget transfer cosi 01 Concession rental fee 0 #months 6 i EXPENDITURES 205-10020 Part Time Salaries 9235.2 Program Coor.( 20 hours x 52 weeks x $8.88/hr)= 205-10060 WComp 358 3.88% compensation x Coor. salaries= 205-10070 Medicare 150 1.45% compensation x Coor. salaries= 205-10030 Retirement 231 2.5% xcoordinator salary= • 205-30099 Contracts 0 205-20003 Office Supplies 426 205-20075 Utilities/water 205-20076 Utilities/Electricity 205-20077 Utilities/Gas 205-20103 Tools and Equipment Replacement 205-20125 Recreation supplies 600 205-20125 Minor Capital Outlays 1000 Computer $1,000 .::::::::::::::::::.:::.:::.:::X. .:::: ::.. : :.:::::.::::: ::::.::..:..:... .: EEt�€t.SIT# lE��x�- ::::::: ::::::::::::::::::::::::::.::::::::::::::::::.::.:::.::.:.:::::. ::::::..:::::::::.:::::::::::::::::1:2 t 1f3. ARCC Donation _................_... 12,000 0 0 0 0 .:::::..........:::.:::::::::::::::::..::::::::.:..:::::::::_::: GE;rt .+'aSAE1/ENUEM >; >:;_::>::»»»:::<: >:::::<::<::«::>«<:::»:: :<::<::>::>:«:::':<:: «::<:: »::>::»>::»»::>::»:>>::>::>::»»::»::: »>:::«:::<::<:>: «<:::::::: ; TOTAL NET PROGRAM COST 0 r ®0 ?;^`r . CITY OF ATASCADERO Revised: 5/95 YOUTH/TEEN PROGRAM COORDINATOR Code: 9540 (Part-Time) Definition:. Under direct supervision of the Recreation Supervisor. Is responsible for the administration, programming and implementation of Teen Programs and Special Events. Plans, directs and coordinates a wide variety of recreation and educational activities at an assigned site and will supervise recreation leaders and volunteers. Is responsible for program development under direction of the Recreation Supervisor. Examples of Duties (Including But Not Limited To): Plans, directs and coordinates recreational and educational activities for teens in the Atascadero Youth Center and at various other sites in Atascadero. Conducts a diversified program of teen activities to meet the recreational and leisure needs and interests of a variety of teen groups. Conduct surveys of local teens to determine programs with the highest interest, and the best potential for success. Manages the Atascadero Youth Center building, and assists with the reservation process, inspects facility equipment and recommends maintenance and repair work as necessary to the Recreation Supervisor. Maintains complete and accurate attendance and activity records and provides copies to the Recreation Supervisor in a timely manner. Works directly with the Atascadero Recreation Center Committee and other community organizations and schools to coordinate activities and to develop calendars for distribution. Receives and implements Department-wide policies and procedures from the Recreation Supervisor. Assists in the development of alternative funding sources for teen activities, such as grants, corporate donations and private sponsorships. Stimulates continued interest in the program by preparing special promotional material for the program. Develops, maintains and monitors a positive behavioral incentive plan and discipline plan for the program. Works with the teens, their parents, staff, and the Recreation Supervisor to resolve all behavioral problems as they arise. Projects budgets for a variety of programs; writes reports and correspondence in a clear and concise manner; evaluates success of events; makes recommendations and reports back to Recreation Supervisor and ARCC. 0t`; 2 i Supervises recreation leaders and volunteers assigned to programs during preparation, set-up, facilitating, take down and clean-up. Reports all accidents/incidents to the Recreation Supervisor and assists in the documentation and reporting of all problems. Assists in the rendering of first aid to the extent of training and CPR certification held, and notifies emergency response team (911) when necessary. Qualifications/Guidelines: Education/Experience: Any combination of training and/or experience that could likely provide the desired knowledge and abilities. A typical background would include;graduation from high school and two years of college course work in Recreation, Child Development or a related field, and a minimum of two years of experience in Recreation or a related field. Some previous experience conducting special events, and working with teens is highly desirable. Knowledge, Skills and Abilities: Ability to communicate effectively both written and orally, and maintain good working relationships, work effectively and independently with minimal supervision. Some computer skills and training is desirable. Special Requirements: Possession of a valid and appropriate California driver's license, and a satisfactory driving record. Other Conditions of Employment: Must be a permanent United Citizen " p States C tizen or hold status of an immigrant Permanent Resident. Must be able to periodically pass a medical examination administered by the City Medical Consultant. Approved: Date ®00��33 REPORT TO CITY COUNCIL Me e t i n Date:0 5/0 9/9 5 CITY OF ATASCADERn Agenda. Item: C-6 Through: Andy Takata., City Manager From: Bradford Whitty, Finance Director SUBJECT: Memorandum of Understanding (MnU) between the City of Ata.sca.dero and 'Members of the Consortium for Community Media. RECOMMENDATION; Staff recommends CityCouncil review a.nd accept Resolution 40-95 ; Authorizing the MOU with.t:he Consortium for Community Medi . BACKGROUND: The City of Atascadero participated with other governmental a.nd educational agencies in November 1994 , to identify county wide communications resources Anti needs. The meetings basically outlined p tentia:l benefits a.nd solutions through present a-nd future resources . The major points of interest that came out of the meetings were as follows : 1 . Distance Learning for continuing educa.ti .n, staff development a.nd expa=nded use of existing facilities . 2. Coverage of government/educa.t ion meet i gs_ and community events . 3. General public information which includes everything from meeting agenda=s , pet adoptions to tourism. The ' prima.ry focus of this MnU centers around the Cable TV access channels and how this access ca.n fa-cili .a.te the interests expressed above. DISCUSSION: Attached to this agenda is a. copy of the MOU which outlines the history, participants , objectives , and financial. considerations . The City has a unique opportunity to participate from the very beginning, with .a. technology that will "re-write" so to speak, the way we 'work and play in our daily lives. Cable TV Provides a communications medium to ut i l :ze for our benefit . The 1484 Cable Act provides local franchising authorities the opportunity to obtain channel (s)• for Public, Educational , and Government '(PEG) Ilse . If the City of Ata.sca.dero obtains a PES channel , the City could have an interactive bulletin board system, coverage of selected meetings and events , and provide educational and training activities for the public, Additionally, the City could utilize the channel as a. revenue generator by selling air-time" to interested parties . The objective of the Consortium is to find a. wary to integrate video communications through the use of; Ca-ble TV, SLONETIInternet , Phone, and Instructional Fixed Television service. A consultant , Schuler & Associates , would be retained to deliver the items outlined on page 4 of the MOLD, FISCAL IMPACT The City is requested to fund $1 ,800 towards the first phase outlined in the MOU. The amount is based on the number of cable subscribers (nearest 500) in the City. All Cities in the county are contributing members with the exception of Pismo" Reach and Ata:sca.dero at the time of this report , The $1 ,800 would be paid through our 995r-�9 General Fund i the 1_ _ _ . 6 budget , ud et . The City has the option to be' only a: Task Force Member and therefore the fiscal impact would only be staff time and materials to be active as a:> task force ' member. However , if the city does not choose to be a. Contributing Member , we lose our ability to control the end product Additionally, there is a late entry clause on page f of the , MOU if a jurisdiction decides to climb a-board at a later date . The fiscal impact of such a course of action' is unknown at this time, UO00_ RESOLUTION NO, 40-95 RESOLUTION OF THE CITY COUNCIL. OF THE CITYOF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN MEMORANDUM WITH THE CONSORTIUM FOR COMMUNITY MEDIA The City Council of the City of Atascadero, California. hereby resolves a.s follows : 1 ) The Mayor is hereby authorized to execute a. Memorandum of Understanding with the Consortium for Community Media. for the purposes and objectives sta.ted in the Memorandum of Understanding, 2? The City Ma.na.ger is hereby authorized do make minor corrections or modifications of a mat'hema.tica.l or clerical nature . 31 The Finance Director is hereby authorized to appropriate funds ; if necessary; release and expend funds ; a.nd issue wa.rra.nts to comply with the terms of this Memorandum of Understa.nding . PASSED AND ADOPTED at a regular meeting of the meeting of the City Council of the City of Ata-:sca.dero held on the! 9th of May, 1995 . ATTEST: CITY OF ATAS?CADERO By: LEE PRICE, City Clerk R, DAVID REILEY, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 000Y SII f { LUIS OBISPO CO ENGINEERING �f�"`�aURTY DEPARTMENT "a COUNTY GOVERNMENT CENTER ROOM 207 • SAN LUIS OBISPO, CALIFORNIA 93408 PHONE (805) 781-5252 • FAX (805) 781-1229 GLEN L.PRIDDY �- DEPUTY COUNTY ENGINEER ENGINEERING SERVICES NOEL KING ROADS DEPUTY COUNTY ENGINEER ADMINISTRATION TRANSIT FLOOD CONTROL WATER CONSERVATION 4 April 5, 1 995 COUNTY SURVEYOR SPECIAL DISTRICTS MEMORANDUM Immediate Response Requested TO: Members of the Consortium for Community Media FROM: Ellen O. Sturtz, Franchise Administrator X05 SUBJECT: Memorandum of Understanding (MOU) for Signature Congratulations! Enclosed is the final version of the MOU for the Consortium for Community Media. Thank you all for your helpful comments. Please have a e the document signed and returned to me by April 24. Direct it to: Ellen Sturtz, San Luis Obispo County Engineering Department, County Government Center Room 207, San Luis Obispo, CA 93408. Please contact me immediately at (805) 781-5239 if this is not going to be possible. Organizations with more than one representative to the consortium should coordinate the signing of the document. If all goes as planned the first meeting of the Consortium should take place late May or early June. Thank you again for your assistance. 000 7 L MEMORANDUM OF UNDERSTANDING Consortium for Community Media 1995-1997 HISTORY Cable TV access channels typically provide community-oriented programming, such as local news, public announcements, distance education and government meetings. They are usually programmed by individuals or local organizations, on either,,public, education or government channels (PEG). Under the 1984 Cable Act, local franchising authorities could require that cable operators set aside channels for PEG use. In addition, franchising authorities could require cable operators to provide services, facilities and equipment to support the use of these channels. For the most part, cable franchises within San Luis Obispo County have not contained PEG provisions until recently. Over the years, there has been interest in PEG, but there was no sustained, coordinated effort to put PEG into place for the San Luis Obispo County community. The County of San Luis Obispo recently signed two cable franchise renewals with PEG provisions, and is interested in helping to coordinate a joint effort of all the County communities around this issue. Since cable TV is only one means of solving some of the communication issues shared by County communities, other communication technologies,,, such as phone, Internet access, wireless and others would also be examined as part ofa joint effort. We often read about the "convergence of technologies" and about the wonders the future will bring. As we each prepare our organization for the future, being able do take advantage of these technological opportunities quickly will benefit all our citizenry., A joint effort of the governmental and educational institutions in the County, as well as the public and private sectors, opens new opportunities for us. Collectively, we can take advantage of the emerging technologies that are not available to individual institutions and harness the power of the technology in cost-effective ways. Such an effort will also strengthen coordinated, Country-wide communications to address challenges that do not recognize jurisdictional and organizational boundaries. j In November 1994, the County initiated an investigation of what our resources and options might be. Three meetings were convened with representatives from the governmental and educational communities, as well as the public and private sectors, to identify resources in the County and to discuss shared communications needs and the potential benefits of creating joint solutions. A variety of communication tools including cable TV, satellite and microwave communications, Internet access and video conferencing were discussed as • potential vehicles to address unmet information needs of the San Luis Obispo County citizenry. There was a strong interest in forming a task force to pursue a Country-wide communications plan to address these common needs. Of particular(interest were the enhancement of: 1. Distance learning for continuing education, staff development and expanded use of existing facilities 2. Coverage of government/education meetings and community events 3. General public information which includes everything from meeting agendas, pet adoptions to tourism All cities and the County were contacted to participate in the Consortium. Pismo Beach declined to be involved at this time. PURPOSE To form a task force comprised of members of the governmental and educational communities as well as the public and private sectors entrusted with planning for a San Luis Obispo County Consortium for Community Media. TERM The term of this agreement is from May 15, 1995 through June 30, 1997, to allow for adequate time to create a planning document, pilot activities, establish a long-term infrastructure, if necessary, and to seek State and Federal grant opportunities. This term is broken down into the Initial Planning Phase which will last approximately six to eight months. Financial commitments for this phase is made by this memorandum. Future financial and phase designations will be determined. PARTICIPANTS Members of the task force will enter into this agreement at different levels and are listed in the table on the next page: Contributing Members are those organizations that are making a financial commitment to the effort at least for the initial planning phase of six to eight months, as outlined under the section titled Financial Considerations. Contributing members have control of the end product since they have made a financial contribution, though there is the understanding that the Consortium will attempt to do the best job possible with the resources available. These members may or may not choose to be actively involved in the task force itself, but will be kept informed of its activities. Task Force Members are those individuals who will actively participate in the workings of the group during the two year period. This is the core group who will ensure that the objectives of the task force are met and report back to their organizations as well as to the Contributing Members. • 2 . Friends of the Task Force are individuals and organizations that are willing to assist the task force on a limited basis. This may occasionally take one of many forms including, but not limited to in-kind services, labor or financial resources. MEMBERSHIP CATEGORIES CONTRIBUTING MEMBERS Arroyo Grande Paso Robles Atascadero San Luis Obispo Grover Beach San Luis Obispo County Morro Bay TASK FORCE Arroyo Grande Atascadero State Hospital Atascadero Atascadero Unified School District Grover Beach California Polytechnic University Morro Bay California Specialized training Institute Paso Robles County Office of Education San Luis Obispo Cuesta College San Luis Obispo County Lucia Mar Unified School District --Library San Luis Coastal Unified School District --Information Services SLONET --Franchise Administration Templeton Unified School District Association of Directors, Artists, Producers and Technicians (ADAPT) FRIENDS Arroyo Grande Community Hospital Pacific Bell California Men's Colony Pacific Coast Wireless Falcon Cable Paso Robles Public Schools General Hospital SLOCOG KCET Sonic Cable Television' Please note: The list may change due during the life of the Consortium'and even prior to the signing of the MOU. OBJECTIVES 1. To create an integrated two to three year video communication plan that will incorporate the use of technology now available, including: �:.a Q� 0­1 -1 .0 3 a. Cable TV: A textual interactive bulletin board system Selected coverage of meetings and events Distance education and training b. SLONET/Internet: Increase community access and create opportunities for information providers C. Phone: Video conferencing, distance learning and other applications d. Instructional Fixed Television Service: Private channels owned by educational institutions for distance learning, video conferencing, etc. 2. To conduct an inventory of resources available in the County to help establish short term applications 3. To determine the best way of implementing cable TV public access in addition to its educational and governmental applications 4. To pilot one or more short term activities to demonstrate the potential of the technology , 5. To determine the structure of organization of the task force and, if found necessary, the organization that is formed beyond the life of the task force FINANCIAL CONSIDERATIONS As part of the planning process, the task force will explore a variety of ways to fund activities including grants, partnerships and others. Meetings will be held in public facilities at little or no cost. The only cost presently proposed is the expense to support a community access consultant/facilitator to assist the task force. The consultant will be supported through the initial planning phase through funds provided by the Cities and the County based on the number of cable TV subscribers in each community. Schuler & Associates, the consulting firm that worked with the group in November, estimates this additional work for the initial planning stage to cost approximately $18,000. The deliverables for the initial planning phase are as follows: 1. Inventory tool 2. Report on telecommunications resources in the County 3. Report: Recommendations for Implementation of County-wide Interactive Bulletin Board System 4. Draft: Distance Learning Background Paper 5. Draft: Governmental Applications Background Paper .000;-;1 4 If we chose to continue through the two year period, an additional $44,000 will be needed for consulting fees. It is the intention of the task force to look for this additional financial support from grants, private partners and task force members in addition to the cities and County. Future contributions will be brought to the table in the form of'monetary contributions as well as in-kind services. The following chart lists each jurisdiction's financial commitment for consulting services for the initial planning phasse. The financial commitment jurisdictions fare making now is only to the initial planning phase and not for the entire two year project and does not include any equipment expenditures or other implementation costs. # CABLE % OF TOTAL COST PER JURISDICTION SUBSCRIBERS (To nearest JURISDICTION (To nearest 500) whole number Initial Planning without Pismo) Phase Arroyo Grande 4,500 8 $1,440 Atascadero 5,500 10 $1,800 Grover Beach 3,500 7 $1,260 Morro Bay 4,000 8 $1,440 Paso Robles 5,500 10 $1,800 San Luis Obispo 12,000 22 $3,960 San Luis Obispo 187500 35 $6,300 County Future expenditures will be proposed by the task force and brought to the appropriate decision making bodies for approval. For the financial agreements made under this MOU, the County of San Luis Obispo will take the responsibility to contract for services and/or equipment. The County will bill parties for their individual contributions. Payment is due to the County,within 30 days of the date of the invoice. Late payments will be assessed a ten percent late charge on the outstanding balance and also pay to the County interest on the outstanding balance at a rate of one and one-half percent per month. The first phase payment, as specified in this MOU, will be invoiced after July 1, 1995. Future phase payments schedules will be determined during the initial planning phase. EXIT CLAUSE Any member of heConsortium i um can discontinue their involvement at an time b submitting Y� Y g a request in writing to: Community Access Consortium, San Luis Obispo County 00n^ 2.1 5 Engineering Department, County Government Center Room 207, San Luis Obispo, CA 93408. Those members committed financially can exit with the understanding that the financial commitments they have made need to be fulfilled on the agreed to payment schedule. LATE ENTRY It is in the best interest of the Consortium to have as many financial participants as possible for the success of the project. Therefore, if a jurisdiction or other entity chooses not to enter into the Consortium at the beginning, but decides to join later in the process, a method of compensating the Consortium for prior work will be a condition of entry if the type of organization has counterparts in the Consortium that have made contributions, financial and otherwise. These additional funds will be applied to future Consortium activities. MEMORANDUM OF UNDERSTANDING The undersigned hereby agrees to become a participant in the Consortium for Community Media and to join with other participants in accomplishing the purposes and objectives of the Consortium as set forth herein. PARTICIPANT: By Title Organization Attest: File: Community Access m\common\cablety\mou6.wpd(cmc) 00Q': 6 REPORT TO CITY COUNCIL Agenda I em: C-7 CITY OF ATASCADERO Through: Andrew J. Takata Meeting ` ate: 05/09/95 City Manager File Num er: ZC #94005 From: Henry Engen 4440 Community Development Director SUBJECT: Adoption of an ordinance amending the text of the Zoning Ordinance relative to comprehensively amending the uses allowed in the CN (Commercial Neighborhood) zone. (Hawkins Plaza) (Golden West) RECOMMENDATION: Approval and adoption of Ordinance No. 287 on second reading. BACKGROUNDIANALYSIS: On April 25, 1995 the City Council conducted a public hearing on the above-referenced subject. The Council approved Ordinance No. 287 on first reading. HE:ph Attachment: Ordinance No. 287 � f �l f�tl^'�•, ORDINANCE NO. 287 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT REGARDING ALLOWED AND CONDITIONALLY ALLOWED USES IN THE COMMERCIAL NEIGHBORHOOD (CN) ZONING DISTRICT (ZC 94-005; HAWKINS PLAZA) WHEREAS, the proposed zoning text amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on February 21, 1995 and on March 21, 1995, and has recommended approval of Zone Change 94-005. NOW, THEREFORE, the. Council of the City of Atascadero does ordain as follows Section 1 . Council Findings . 1 . The proposal is compatible with the surrounding land use and `zoning. 2 The proposals- is -consistent with the General Plan land use 'element . 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate. Section 2 Zoning Text The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit A. Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this 0 i Ordinance # 287 Page 2 ordinance and shall cause this ordinance and this ;certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date . This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following role call vote: AYES : NOES : ABSENT: DATE ADOPTED: • CITY OF ATASCADERIO By: R. DAVID BEWLEY, Mayor ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director EXHIBIT A CN (Commercial Neighborhood) Zone 9-3 .201 . Purpose : This zone is established to provide for small scale retail shopping and personal service facilities at the neighborhood level . The Commercial Neighborhood Zone is situated and designed to serve the limited shopping and service needs of the immediately surrounding residential area. 9-3 .202 . Allowable Uses : The following uses shall be allowed in the Commercial Neighborhood Zone. The establishment of allowable uses shall be as provided By Section 9-2 . 107 (Plot Plans) and Section 9-2 . 108 (Precise Plans) : (a) Food and beverage retail sales, where areas of use are less than 1000 2500 square feet per store (b) Roadside stands (See Section 9-6 . 116) (c) Temporary or seasonal retail sales (See Section 9-6 . 174) (d) General merchandise stores, where areas of use are less than 1998 2500 square feet per store (e) Aeeessery storage (See Seetion 9 6 . 103) (-fe) Personal services, where areas of use are less than 1000 2500 square feet per store (g) Utility transmission faeilities (orf) Collection stations (See Section 9-6 . 130) (47g) Eating and drinking places, where areas of use are less than 1000 2500 square feet per store (j) Bed and Breakfast (h) Financial Services, where the aggregate area of the uses, in combination with other "Office" uses does not exceed 30% of the available floor area of the project or neighborhood center. (i) Offices, where the aggregate area of the uses, in combination with other "Financial services" does not exceed 30% of the available floor area of the project or neighborhood center. (J) Light Repair Services 000 j 9-3 . 203 . Conditional Uses : The following uses may be allowed in the Commercial Neighborhood Zone . The establishment of conditional uses shall be as provided by Section 9-2 . 109 (Conditional Use Permits) : Caretaker' s residenee (See Seetom,..,. 9 6 . 104) (e) Pipelines (eta) Service Stations (See Section 9-6 . 164) (eb) Food and beverage retail sales, where areas of use are greater than 1-000 2500 square feet per store (f-c) General merchandise stores, where areas of use are greater than 1000 2500 square feet per store (hd) Eating and drinking places, where areas of use are greater than 1000 2500 square feet per store 9-3 . 204 . Lot Size . There shall be no minimum lot size in the Commercial Neighborhood Zone . i 000`1''