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ATASCADERO CITY COUNCIL
MEETING
TUESDAY, OCTOBER 13, 1998
City of Atascadero
6500 Palma Avenue, 4"'floor
Atascadero, California
INTERVIEW SESSION, 6:00 P.M.
1. Citizens' Transportation Advisory Committee
A. Interview and consider candidates >,
B. Select, by ballot, one citizen for appointment
REGULAR SESSION, 7:00 P.M.:
I
S
PLEDGE OF ALLEGIANCE: Mayor Carden
ROLL CALL: Mayor Carden
Mayor Pro Tem Johnson
Council Member Clay
Council Member Lerno
(Council Member Luna
APPROVAL OF AGENDA: Roll Call
COUNCIL ANNOUNCEMENTS AND REPORTS:
(On their own initiative, Council Members may make a brief announcement or a brief report on
their own activities. Council Members may ask a question for clarification, make a referral to
staff or take action to ,have staff place a matter of business on a future agenda. No formal action
by the Council will be',,taken unless an item is identified on the Agenda)
1. Traffic Committee Update[City Clerk]
PRESENTATIONS:
Police Chief Dennis Hegwood will present new employee, Office Assistant Pat Schulz, to the
Council.
COMMUNITY FORUM:
('Phis portion of the meeting is reserved for persons wanting to address the Council on any
matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to
five minutes. Please state your name and address for the record before making your
presentation. The Council may take action to direct the staff to place a matter of business on a
future agenda.)
A. CONSENT CALENDAR: Roll Call
(All items on the consent calendar are considered to be routine and non-controversial by
City staff and will be approved by one motion if no member of the Council or public
wishes to comment or ask questions. If comment or discussion is desired by anyone, the
item will be removed from the consent calendar and will be considered in the listed
sequence with an opportunity for any member of the public to address the Council
concerning the item before action is taken)
1. City Council Minutes—September 22, 1998— (City Clerk recommendation: Approve)
[Marcia Torgerson]
2. No Parking Zone on Navarette Avenue—Establishing a No Parking 6:00 a.m. to 6:00 I
p.m. Monday through Friday Zone—Fiscal Impact: $400.00 (Staff recommendation:
Council adopt Resolution No. 1998-039 establishing a No Parking Zone on Navarette
Avenue) [Brady Cherry]
3. Passenger Loading Zone on Palma—Establishing.a Passenger Loading Zone on Palma at •
Traffic Way—Fiscal Impact: $50.00 (Staff recommendation: Council adopt Resolution
No. 1998-040 establishing a Passenger Loading Zone on Palma at Traffic Way) [Brady
Cherry]
4. No Stopping Zone on San Gabriel Road—Establishing a No Stopping Zone on the north
side of San Gabriel Road at the Elementary School—Fiscal Impact: $300.00 (Staff
recommendation: Council adopt Resolution No. 1998-041 establishing a No Stopping
Zone on the north side of San Gabriel Road at the elementary school) [Brady Cherry]
5. Elimination of No Parking Zone—6895 El Camino Real—Modify existing No Parking
Zone to allow for parking of vehicles less than 6' in height-Fiscal Impact: $230.00
(Staff recommendation: Council adopt Resolution No. 1998-042 eliminating the No
Parking Zone at 6895 El Camino Real) [Brady Cherry]
6. 3-Way Stop at Sycamore and Miramon Avenues—Fiscal Impact: $400.00 (Staff
recommendation: Council adopt Resolution No. 1998-044 establishing a 3-way stop
intersection at Sycamore and Miramon Avenues) [Brady Cherry]
7. Montecito Avenue and San Anselmo Avenue Improvements—Agreement with Madonna
Construction, Inc. to construct the improvements—Fiscal Impact: $82,632.00 in Streets
and Bridges Impact Fee Funds (Fund 705) (Staff recommendation; Council authorize S
the Mayor to execute an agreement with Madonna Construction, Inc. to construct the
Montecito Avenue and the San Anselmo Avenue improvements) [Brady Cherry]
2
8. SLOCOG and SLORTA Joint Powers Ag_rements—Ratification of updated and slightly
modified agreements between the City, SLOCOG and SLORTA—Fiscal Impact: None
(Staff recommendation: Council adopt Resolution No. 1998-037 ratifying the amended
Joint Powers Agreement for SLORTA and adopt Resolution No. 1998-038 ratifying the
amended Joint Powers Agreement for SLOCOG) [Brady Cherry]
9. Memorandum of Understanding with Atascadero Police Association—for FY 1998-99—
Fiscal Impact: 1$41,800.00 which is included in the Annual Operating Budget (Staff
recommendation: Council authorize the Mayor to execute a Memorandum of
Understanding for the Atascadero Police Association for Fiscal Year 1998199) [Wade
McKinney]
B. PUBLIC HEARINGS:
1. General Plan Amendment#98004 and Zone Change#98005 — 10801 El Camino Real
(AUSD) - Fiscal Impact: None (Planning Commission recommendations: 1) Council
find the Negative Declaration prepared for this project to be adequate under the
requirements of the California Environmental Quality Act and the State and local
guidelines for implementation of the Act; and 2) Council adopt Resolution No. 1998-035
approving General Plan Amendment#98004; and 3) Council adopt Ordinance No. 352, /
approving Zone Change #98005, by introducing for first reading by title only) [Paul S
Saldana]
C. MANAGEMENT REPORTS:
1. Falcon Cable Franchise Agreement—Request to extend Franchise Agreement—Fiscal
Impact: Positive effect on the City's 5%franchise fee (Staff recommendation: Council
authorize the City Manager to send a letter to Falcon Cable indicating that the City will
extend the Franchise Agreement based upon the following conditions: 1) The cable
television system is upgraded to a Hybrid Fiber, Coax, 750 MHz system with a minimum
of 72 channels; 2) Falcon employs a construction coordinator to oversee the upgrade
project with an, emphasis on,cost containment and customer service, and 3) Falcon
notifies each affected subscriber before service is suspended as a portion of the
construction project) [Wade McKinney]
2. Wil-Mar DispdsaT 1 Request for Approval of Stock Merger with U.S.A. Waste
Manaement Proposed Amendment One to the Solid Waste Collection Franchise
Agreement-Fiscal Impact: None (Staff recommendation: Council authorize the Mayor
to execute the proposed Amendment One to the Solid Waste Collection Franchise
Agreement) [Roy Hanley]
3. Information Bulletin
•
3
D. COMMITTEE REPORTS
(The following represent standing committees. Informative status reports will be given,
as felt necessary):
1. S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Y r
2. Finance Committee
3. Water Committees,
A. SLO County Flood Control& Water Conservation District Water Resources
Advisory Committee
B. Nacimiento Water Purveyors' Contract Technical Advisory Committee
C. North County Water Task Force
4. Integrated Waste Management Authority
5. North County Council
6. Air Pollution Control District
7. County Mayor's Round Table
8. Economic Vitality Corporation, Board of Directors
9. City/ Schools Committee
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
I
1. City Council '
2. City Attorney
3. City Clerk
4. City Treasurer •
F. ADJOURNMENT:
THE COUNCIL WILL ADJOURN TO THE REDEVELOPMENT AGENCY MEETING
IMMEDIATELY FOLLOWING THIS MEETING.
Please note: Should anyone challenge any proposed development entitlement listed on this
Agenda in court, that person may be limited to raising those issues addressed at the public
hearing described in this notice, or in written correspondence delivered to the City Council at or
prior to this public hearing.
•
4
City of Atascadero
WELCOME TO THE ATASCADERO CITY COUNCIL MEETING
GENERAL INFORMATION
The City Council meets m regular session on the second and fourth Tuesday of each month at 7:00 p.m.,
in the Council Chamber of City Hall. Matters are considered by the Council in the order of the printed
Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the City Clerk(Room 208), and in the Information Office(Room 103),
available for public inspection during City Hall business hours. An agenda packet is also available for
public review at the Atascadero Library, 6850 Morro Road.
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. Notification at least 48 hours prior to the meeting �.
or time when services are needed will assist the City staff in assuring that reasonable arrangements can
be made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
1
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject,
staff will give their report, and the Council will ask questions of staff. The Mayor will announce when
the public comment period is open and will request anyone interested to address the Council regarding
the matter being considered to step up to the podium. If you wish to speak for, against or comment in
any way:
• You must approach the podium and be recognized by the Mayor
• Give your name and address
• Make your statement
• All comments should be made to the Mayor and Council
• All comments limited to 5 minutes(unless changed by the Council)
• 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.
The Mayor will announce when the public comment period is closed, and thereafter, no further public
comments will be heard'by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item,"COMMUNITY FORUM",the Mayor will call for anyone from the audience
having business with the Council to:
• Please approach the podium and be recognized
• Give your name and address
• State the nature of your business
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30
minutes will be allowed'for Community Forum (unless changed by the Council).
TO HAVE ITEMS PLACED ON AGENDA
All business matters to appear on the Agenda must be in the Office of the City Manager ten days
preceding the Council meeting. Should you have a matter you wish to bring before the Council, please
mail or briniz a written communication to the City Manager's office in City Hall prior to the deadline.
MEETING DATE: 10/13/98
pais ® is a
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City Clerk's;Agenda Report
Marcia M Torg�rson
Interviews for Atascadero delegate to the
Citize>j!ls' Transportation Advisory Committee (CTAC).
RECOMMENDA'T'ION:
1) Interview and cpnsider the candidates.
2) Select,by ballon,one citizen for the CTAC.
DISCUSSION:
Atascadero is represen>ed on the CTAC by a delegate appointed by the City Council. As a result of
the resignation of Richard Randise August 1998 from CTAC, one vacancy exists. The City Clerk
has posted a vacancy notice at City Hall and has solicited applications from the members of the
public pursuant to State Law. Four applications were received and interview times have been
established for each candidate.
FISCAL IMPACT: None
t
ATTACHMENTS;: Notice of Vacancy
Interview Schedule
4 Applications
CTAC By-Laws
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000001
0
CITY OF ATASCADERO
NOTICE OF VACANCY
MEMBER OF THE PUBLIC
NEEDED TO SERVE THE CITY OF ATASCADERO
Notice is hereby given, pursuant to Section 54974 of the California Government Code, that an
unscheduled vacancy exists for the following committee:
NAME: Atascadero on the Citizens' Transportation Advisory Committee (CTAC).
PURPOSE: CTAC reviews and prepares recommendations to the San Luis Obispo Council of
Governments (SLOCOG), a regional transportation planning agency, on all
phases of their transportation planning program, including transit, streets and
roads, bicycle facilities, airports, funding, and plan preparation.
MEETINGS: Meetings are generally held every other month on Wednesday evenings in San
Luis Obispo from 6:00 p.m. to approximately 9:00 p.m.
TERM: Discretion of the City of Atascadero
Interested candidates must be a resident of the City of Atascadero. Applications are available in
the City Clerk's office, Room 208, City Hall, 6500 Palma Ave., Atascadero (461-5074). For
more information, please contact the City Clerk at 461-5074. Completed applications will be
accepted until Friday, September 25, 1998 at 5:00 p.m.
I,Marcia McClure Torgerson,City Clerk for the City of Atascadero, State of California,do hereby certify
that the above Notice of Vacancy was posted in accordance with Section 54974 of the California
Government Code on September 3, 1998.
Date Marcia McClure Torgerson,City Clerk
000002
INTERVIEW SCHEDULE - CTAC
Tuesday,October 13, 1998 6:00 p.m.
Club Room
6:00 Dennis Schmidt
6:10 R. S. Kolemaine
6:20 Marjorie R. Mackey
6:30 Gordon S. Chapman
6:40 COUNCIL VOTES
. 000003
SEP 18:110048
APPLICATION FOR APPOINTMENT
CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE —CITY OFATffMER0
CITY CLERK'S OFFICE
NAME OF APPLICANT: b 6N M( 5 SG#-t Mt
RESIDENCE STREET ADDRESS: CITY: ZIP:
'W15 6AWA VOP' 12,0AQ Pr-rPfSGPtVC-)Lo, GIS `�34, Z
RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.:
4-lo& • Z'Z5 . 544, '32-7q
BUSINESS STREET ADDRESS: CITY: ZIP:
*?.(J& P?U&W✓ "010 rOAN W15 G015pol ('pr 134-o
1. Are you a full-time paid officer or employee of local/state government(circle one) NO YES If yes,
where position >.
2. Education: e Lo 11'-
3.
Ii3. Present occupation: 1014P N eV.- U-0k N EO160--�o p_
4. Membership in organizations Atq r'(,AN, .Ik'�-600' AWO- dr- Vr,] IA O- H/Pt '
5. Please describe why you are interested in serving on this committee. (Use reverse side for any additional
information- 200 words maximum): tIM V�YL�( >11U • Iti1VDWEb (J CSP C ��
RE)OUT complutlilw-- \j6P0T T 166
00- COUNT Atilt LIH00 AQ ft What f; I WC AAW I M *fi I%I00 AIOF,, L
amet-124v5 Awn /Clwwkpv 165u -r4CUWN-t
YU 2i G 4 VOCAON6 696/!I N.61- * 165th Vv M-I� &P-
I
i arqt 6 A-6 W -rtf-6 C U�-KWF T�l t-1 V-1 tJ N k
6. Please describe other community activities that you have been involved in.
1� �►v1�(� r��IvT art 1��5 co►�m A �5���rzo Y�� L c-or�,�
TAA 5 0' LA-Tion( NI FAN G t'h EN ArM bW 6-MFUJ& Cvnl wl a IMU
SoGG�'Yt- Com-f- • � � t�c� Gff � �( �vT VOLU t2-
7. Signature of applicant- OrENIV2
8. Date: 1J
000004
ECITyC� C� �SEP 2 5 1998APPLICATION FOR APPOINTMENTCITIZEN'S TRANSPORTATION ADVISORY COMMITTEECLERKSOFF ICE
NAME OF APPLICANT:
RESIDENCE STREET ADDRESS: CITY:
RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.:
c�ME� SAX CSCE) - EcrENku (NV-- . usT
BUSINESS STREET ADDRESS: CITY: ZIP:
1. Are you a full-time paid officer or employee of local/state government(circle one). NO ES If yes,
where position >,
2. Education: kWZ:C5 A<t1)13x U a
3. Present occupation:
4. Membership in organizations '
5. Please describe why you are interested in serving on this committee. (Use reverse side for any additional
information - 200 words maximum):
17 J tZ 5 PO 9-7 70 A Tom-5 e-A D:F-;r(2 p CIT COzI V>_l L Q tJ
GTA G P-o ==v �L 5 }� PaSALS �-10 t�U✓(=-1.� X167! o til 5 l a 1�,eTj�1
6. Please describe other community activities that you have been involved in.
SJ L�( 1►1Tt�TE� Gt-TtZ�>`I CAn�PAtG .) j�=►��5 ) �-I�l
aL S H PIX G-0 �!c -Cc- i'1SIT l►) .4�1AS<�0a=12o
INCL-vnitA L-c P�rr-rn/�1�T ur1N1�T 1J���s
7. Signature of applicant: -
8. Date:
000005
SEP 2 5 199
APPLICATION FOR APPOINTMENT CITY OF aTAScaoERo
CITIZEN'S TRANSPORTATION ADVISORY COMMITTEE CITY CLERK'S OFFICE
NAME OF APPLICANT:
RESIDENCE STREET ADDRESS: CITY: ZIP:
S.So -A T(l O A S A S C (T,>6 go
RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.:
& - 4 66 Is t I
BUSINESS STREET ADDRESS: CITY: ZIP:
1. Are you a full-time paid officer or employee of locallstate government(circle one)? YES If yes,
where position {
2. Education:
3. Present occupation: i
r
4. Membership in organizationsa6,,,,, T L-
5. Please describe why you are interested in serving on t is committee. (Use reverse side for any additional
information -200 words maximum):
f
6. Please describe other community activities that you have been involved in.
7. Signature of applicant:
8. Date:
000006
SEP 181998
APPLICATION FOR APPOINTMENT CITY OfEp
CITIZEN'S TRANSPORTATION ADVISORY COMMITTE CITYCl.ERK'sOFFlCE `
NAME OF APPLICANT: Gordon S Chapman
RESIDENCE STREET ADDRESS: CITY: ZIP:
7520 Encinal Ave. Atascadero 93422
RESIDENCE TELEPHONE NO.: BUSINESS TELEPHONE NO.:
(805) 466-5079 Same
BUSINESS STREET ADDRESS: CITY: ZIP:
Same as Above
1. Are you a full-time paid officer or employee of local/state government(circle one)? NO YES If yes,
where position
2. Education: Bachelor of Mechanical Engineering
r
ent occupation: Retired/part-time Consultant
bershipin organizations Society of Automotive Engineersse describe why you are interested in serving on this committee. (Use reverse side for any additional
tion-200 words maximum): See Attached
6. Please describe other community activities that you have been involved in. See Attached
7. Signature of applicant:
lei
000007
5.
The primary reason I am interested in being a member of The Citizens Transportation
Advisory Committee(CTAC)is related to my long-standing interest in transportation and
its efficient use. Although most of us have automobiles and use them daily they are a
highly inefficient means of transportation for our,daily trips to the same location each
day. .
Since my retirement affords me the luxury of spending time on those pursuits.1 am
personally interested in,I would like to involve myself in CTAC.
I also have a desire to give to the community, in which I live, some of my energies and
engineering skills to improve it for the betterment of all. It is my desire to leave the
place I live in, in a little better condition than when I arrived. I hope you will give me
that chance.
6.
I recently moved to San Luis Obispo county, September 1995, so I have not been
involved in a great deal of activities. Having recently completed construction of our
home I now feel time is available to become more active in the community.
Up to the present,I have limited my activities to volunteer functions at my church in
Atascadero and some other minor envelopment in the local Newcomers Organization and
a political organization.
000008
ADOPTED: June 6, 1985
RATIFIED: May 8, 1986
AMENDED: May 20, 1992
CITIMS TRANSPORTATION ADVISORY COMMITTEE
BYLAWS
FUNCTIONS
The Citizens Transportation Advisory Committee(hereinafter referred to as "CTAC") serves as
representatives of the general public. The functions of CTAC are as follows:
A. To develop and forward recommendations on transportation policies and implementation. ;J�
B. To review and study existing transportation related affairs.
MEMBERSHIP
Section 1: RegularMembers. Sixteen (16) regular members, representing various public
interests concerned with transportation, shall be appointed to the Citizens Transportation
Advisory Committee (CTAC) by the Board of Supervisors, incorporated cities and the San Luis
Obispo Council of Governments as follows:.
One appointed by the city council (7 members)
0 One appointed by each District Supervisor (5 members)
0 Four at-large, appointed by the San Luis Obispo Council of Governments, with
emphasis placed on assurance of a balanced representation of user groups.
Each regular member shall serve so long as the appointing body allows or until resignation.
Vacancies shall be filled by the appropriate appointing agency. Each regular member shall have
full voting privileges.
4- sue\mis\c9200641.mis
000009
Section 2.• Ted mical Advisory Mme- Representatives of government agencies, including but
not limited to the agencies included as Appendix I herein, shall be advisory members to the
Committee and shall receive minutes and agendas and have full rights of committee membership,
except that no Technical Advisory Member shall be permitted to vote on Committee matters.
Section 3: Absences. Members shall be notified in writing after two (2) consecutive absences
from regular Committee meetings. The Committee may recommend that the appointing entity
drop a member from its rolls after three (3) consecutive absences upon a vote of two-thirds of
the'active Committee membership.
Section 4: Vacancies. Should a vacancy occur on the Committee by reason of resignation,
disability, or otherwise, the original appointing entity shall then appoint a member to fill the
vacancy.
D
A .
OMC>ERS
l
Section 1: of kers. The officers of the Committee shall consist of a Chairman and Vice
Chairman. A staff secretary will be provided to:
1. Keep the minutes of all meetings.
2. Give or serve all notices required by these Bylaws.
3. Prepare the agenda for all meetings.
4. Be custodian of Committee records.
Section 2. Selection of officers. The Chairman and Vice Chairman shall be chosen by majority
vote of the regular members of the Committee. Secretarial services shall be provided by the San
Luis Obispo Council of Governments. The selection of officers shall take place at the April
meeting
Section 3: Term of office. Officers shall serve for a term of one year. No elected officer shall
serve more than two (2) consecutive one-year terms in any office.
Section 4: Vacancies. When a vacancy occurs it shall be filled by an election at the next regular
meeting to follow such vacancy by a majority vote of the members present.
-2- suelmisl
c9200641.mis
000010
Section 5: Duties of t7 cers.
A. Chairman:
1. To preside at all meetings of the Committee.
2. To call special meetings of the Committee in accordance with these
Bylaws.
3. To see that all actions of the Committee are properly taken.
4. To appoint standing subcommittees.
B. Vice Chairman:
0
1. To exercise or perform all the duties and be subject to all the
responsibilities of the Chairman during the absence, disability, or
disqualification of the Chairman.
1
2. To assist the Chairman in the conduct of Committee business.
A.
MEETINGS
section 1: Regular Mme. A Regular meeting of the Committee shall be held at least prior
to each Area Council meeting. Notice shall be sent to members stating the time and place of
the meeting. A Regular meeting may be cancelled or rescheduled by the Committee at any
meeting.
Section 2: Special Meetings. The Chairman may call a Special meeting of the Committee,
provided written notice is given all members at least 24 hours in advance and proper public
notice is given.
Section 3: Quorum. A quorum shall consist of a majority of regular members of the Committee.
No formal action shall be taken in the absence of a quorum, except to adjourn the meeting to
a later date.
Section 4: Agenda. Items for the agenda shall be provided to the Chairman by staff at least
seven(7) days in advance of the meeting. The Chairman, at his/her discretion, may add matters
of urgent business to the agenda. A written copy of the agenda for each meeting shall be given
each regular and Technical Advisory member at least 48 hours in advance of a regular meeting.
-3- suelmis1c9200641.mis
000011
,
Section 5: ProcmcLngs. In all matters not otherwise provided for herein, all meetings of the
Committee shall be conducted in accordance with Robert's Rules of Order Newly Revised.
SUBCOMNIITTEES`
Section 1: The Chairman shall appoint the members and determine the dudes of Subcommittees,
as needed or directed by the Committee.
Section 2: Subcommittees shall make and submit recommendations to the full Committee for
appropriate action.
EFFECTIVE DATE
t�
Section 1:- These Bylaws and any amendments shall go into effect upon the date of adoption by
the San Luis Obispo Area Coordinating Council.
I
TECHNICAL ADVISORY COAUMTME MEMBERS
COUNTY ENGINEERING DEPARTMENT
COUNTY DEPARTMENT OF PLANNING AND BUILDING.
STATE DEPARTMENT OF TRANSPORTATION
sue\mis\c9200641.mis
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j DATE: 10/13/98
K
■ on MIN i
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City Clerk's,Agenda Report
Marcia M. Torgerson
Traffic Committee Update
RECOMMENDATION:
City Council give direction to the-City Clerk concerning the appointment of three (3)members-
at-large to the Traffic Committee.
DISCUSSION:
Mayor Carden asked at your last meeting for an update on the citizen members of the Traffic
Committee. There are three(3)members-at-large positions on the committee. Citizens are
appointed by the City Council to these positions for a term of two (2)years.
Currently, Howard Gaylord, John Paulson and Dennis Schmidt are serving as the members-at-
large. However, their terms expired in September 1998.
ALTERNATIVES:
1. Direct the City Klerk to contact the current members-at-large to see if they are interested
in serving another term.
2. Direct the City!Clerk to advertise the vacancies and set up interviews for all interested
citizens.
i
RESPONSIBLE DEPARTMENT: City Clerk
ATTACHMENTS Atascadero Municipal Code—Sections pertaining to Traffic
Committee
i
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i
000013
4-2.208--4-2.210
(c) The plans and recommendations of the traffic enforcement
unit and the engineering division of future traffic safety
activities.
(Ord. 34 § 4-3.207, 198
Sec. 4-2.208. Emergency an\requi
regulations.
(a) The Traffic Engineer montrol devices under
actual conditions of traffic.
(b) The Chief of Police maemporary placing of.
official traffic-control devices wan emergency.TheChief of Police shall notify the Tof his action as soon
thereafter as is practicable.
(Ord. 34 § 4-3.208, 1980)
1
Sec. 4-2.209. Traffic Committee: Established: Composition. S
(a) The City Council may establish an advisory Traffic Commit-
tee to serve without compensation, consisting of the City Engineer
or designee,the Chief of Police or designee,the Community Devel-
opment Director or designee, who shall be the chairperson, one (1)
councilperson, and three(3)members-at-large that reside within the
City limits to be appointed by the City Council.
(b) The Streets Supervisor and one(1)youth representative shall
serve in an ex-officio capacity.
(c) Members-at-large and the youth representative shall serve
at the pleasure of the City Council. Vacancies shall be filled in the
manner established by resolution for appointments.
(Ord. 314 § 1 (part), 1996: Ord. 112 § 1 (part), 1985: Ord. 34 § 4-
3.209, 1980)
Seca 4-2.210. .Traffic Committee: Term(s).
(a) The three(3)citizens shall be appointed by the City Council
to a term of two (2) years each:
(b) The councilperson shall be designated by the City Council
to a one(1)year term.A councilperson may serve as many consecu-
tive terms as the City Council desires but shall be designated on an
annual basis.
(Amscadero 497) 232 t
000014
4-2.211--4-2.301
(c) The terms of the City Engineer; the Police Chief, and the
Community Development Director and the Street Supervisor shall
be for the duration of, and concurrent with their respective service
in office.
(d) The ex-officio youth representative shall be appointed to a
term of one (1) year.
(Ord. 314 § 1 (part), 1996: Ord. 112 § 1 (part), 1985: Ord. 34 § 4-
3.210,
3.210, 1980)
Sec. 4-2.211. Traffic Committee: Duties and rules.
(a) It shall be the duty of the Traffic Committee to recommend
to Council or to the City Manager a means for improving traffic or
safety conditions through appropriate signing, pavement marking,
parking changes or other related methods.The committee shall study
related matters as requested by Council and suggest the most practi-
cable means for coordinating the activities of all officers and agen-
cies of this City having authority with respect to the administration
and enforcement of traffic regulations.
(b) The committee shall meet as necessary at a convenient time
and place designated by the committee.
(c) The Chairman shall appoint one (1) member to serve as
secretary to record all official actions or recommendations.
(d) Matters shall be decided by a majority vote of those mem-
bers present. Four(4) members shall constitute a quorum.
(e) The committee shall not attempt to usurp the powers of
elected or appointed officials designated by ordinance to protect the
health, safety and welfare of the general public.
(Ord. 112 § 1 (part), 1985)
Article . Enforcement and Obedience to
affic Regulations
See. 4-2.301. Authority of ice and Fire Department officials.
Officers of the Police Dep ent and such officers as are
assigned by the Chief of Police are au orized to direct all traffic by
voice,hand,audible or other signal in con ance with traffic laws,
233 (Araccadero 497)
000015
f
f
t
ITEM NUMBER: A-1
DATE: 10/13/98
MINUTES
ATASCADERO CITY COUNCIL
MEETING
TUESDAY, SEPTEMBER 22, 1998
REGULAR SESSIO�, 7:00 P.M.:
Mayor Carden called the Regular Session to order at 7:00 and Council Member Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Johnson, Lerno,Luna and Mayor Carden
Absent: None
Others Present: ;City Clerk Marcia Torgerson 1
s
Staff Present: 'City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief
Mike McCain, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Community and
;Economic Development Director Paul Saldana, Streets Supervisor Brian
!Sword and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
City Manager Wade McKinney announced that the Atascadero Unified School District has
requested that the Council continue the Public Hearing on the General Plan Amendment(Item
#B-1)until they have an opportunity to review the various zonings that the Council discussed at
your last meeting.
Mayor Carden continued Item #B-1 to the next City Council meeting.
Mr. McKinney also announced that the City has received news this evening regarding the
potential Falcon Cable franchise extension. He explained that he has not had a chance to review
this information with Falcon or prepare a report for the Council. Mr. McKinney stated that if the
Council continues this,item(Item#C-1)he would be able to prepare a complete report on the
issue.
There was Council consensus to continue Item#C-1.
Mr. McKinney stated that there is new information coming in concerning the proposed Wil-Mar
merger with USA Waite (Item#C-2). He explained that the new information in front of the
Council was a result of speaking with the IWMA. Also,the County called today and indicated
000016
that they are going to.complete an extensive background that would take several weeks to
complete. They stated that they would be glad to share the information with Atascadero.
Mayor Pro Tem Johnson stated that he was concerned with waiting to see the County's
information as they could take months to complete their research.
Frank Zumwalt, attorney for Wil-Mar Disposal/Atascadero Waste Alternatives. He stated that
He has been in contact with the County and stated that the County has not asked for any
Additional information. Mr. Zumwalt also said that there were representatives present from
USA Waste who are prepared to make a presentation to the Council tonight. He asked the
Council to hear this item tonight.
Mayor Carden stated that the Council will have the Public blearing portion of Item #C-2
remain on the agenda.
MOTION: By Council Member Luna and seconded by Mayor Pro Tem Johnson
to approve the agenda with the following amendments:
1) Item#B-1 Continued to next meeting.
2) Item#C-1 - Continued.
3) Item#C-2—Public Hearing portion of item to remain on the
agenda.
Motion passed 5:0 by a roll-call vote. s�
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Pro Tem Johnson thanked the Fire Department for their quick response to the fire at
Chalk Mountain.
Council Member Clay stated that a Council candidate had stated on the radio that the City had
spent road funds on parking lots. Mr. Cherry responded that the only parking lot the City has
paved is the Traffic Way Park parking lot which was paved with FEMA funds, not road funds.
Council Member Clay asked Mr.McKinney about comments of a Council candidate concerning
the overpass on Santa Barbara Road and the Dove Creek Project. He explained that the
candidate stated that the City was going to pay two million dollars to improve that overpass. Mr.
McKinney responded that there have not been any estimates submitted to the City in relation to
the Dove Creek project. Currently,the City has received an initial letter from the developer of
that project which highlights a variety of issues including their request for financial assistance for
a portion of the project. Mr. McKinney said that he advised them verbally that he did not expect
that there would be any assistance available. Council Member Luna explained that those figures
probably came from the last two proposals concerning the Dove Creek property.
Mayor Carden stated that accusations of done-deals are being made and they are completely false
statements. 10
Mayor Carden wanted to ass on thanks and appreciation to Police Chief Dennis He wood for
y p Pp g
his handling of a situation where a citizen helped the police department catch a burglar. He
stated that Chief Hegwood sent a personal letter of thanks to the woman which was appreciated.
CC 09122/98
Page 2 of 9 000017
Chief Hegwood responded by stating that he will pass his comments on to the officers who
actually do the work.
Mayor Carden also wanted to commend Chief Hegwood on the new police policy of rewarding
children who are seen riding their bikes and wearing helmets. He has received several positive
calls from citizens concerning this policy.
PRESENTATIONS:
A. Fire Prevention Week—October 4-10, 1998
Fire Chief Mike McCain accepted the Proclamation.
B. Atascadero Colony Days—25`h Anniversary- October 1998
q
Eileen Allan, Chairman of the Colony Days Committee accepted the Proclamation. She
expressed the Committee's appreciation for the City's support of the Colony Days events.
C. Constitution Week—September 17-23, 1998 1
This proclamation will be read later in the meeting as the recipient is not currently here to accept.
COMMUNITY FORUM:
Rush Kolemaine, P.O. Box 1990, spoke on Item#C-1, Falcon Cable Franchise Agreement, that
the Council has continued. He spoke in favor of the PEG access programming. He encouraged
the Council to learn more about what PEG access is so that they can make an informed decision.
Mr. Kolemaine gave the City Clerk a video for the Council to review.
Terrill Graham, 6205 Conejo Road, spoke on Item B-1, General Plan Amendment#98004, that
the Council continued to their next meeting. He asked that the Council not re-zone this property.
Larry Finnigan,505 Country Lane, San Luis Obispo, spoke on Item B-1, General Plan
Amendment#98004, that the Council continued to their next meeting. He explained that he
owns the adjacent property to this site. He stated that he understood that the item has been
continued, but asked if he would be notified when it will be next on the Council's agenda. Mr.
McKinney answered that this item will be on the next Council agenda.
Mayor Carden announced that the public comment section of that Public Hearing was closed at
the last meeting and the Council had moved into the Council discussion portion of the Public
Hearing. Therefore, he said that the Council may not open up the public comment portion of this
item again.
Council Member Luna stated that he would like to have the item opened again for public
comment.
CC 09/22/98
Page 3 of 9
000018
Terrill Graham, 6205 Conejo Road, stated that he felt that the public has a right to speak on any
item on the agenda.
Mayor Carden,explained that he is attempting to fully inform the public of the possibility that,
since the Council has already closed the public comment portion of the Public Hearing, new
public comment may not be heard. He went on to state that there is also the opportunity to re-
open public comment.
Larry Finnigan, 505 Country Lane, San Luis Obispo, asked if the School District representative
will be able to speak at the next meeting and the public will not be able to respond. Mayor
Carden said that the Council had questions for the School District that they would be allowed to
answer.
Benedict St. Germain,Villa Margarita Mobilehome Park, submitted a prepared statement that
was read into the record by City Clerk. The statement expressed her opposition to the re-zoning
of the property at 10801 El Camino Real (Item#13-1). (see Exhibit A) ,
Mayor Carden closed the Community Forum period.
Council Member Luna asked the Mayor to allow discussion on whether Item#B-1 will be a
Public Hearing and the Council will receive public comment or will it be closed to the public.
Council Member Clay stepped down while the Council discussed Item#B-1 due to a potential
conflict of interest.
Mayor Carden asked the City Attorney about the law as it relates to public comment periods
being closed at a meeting that is later continued. Mr. Hanley stated that he would need a week to
research this issue.
Council Member Luna stated that he wants the Council to re-open the public comment period of
the Public Hearing (Item#13-1) at the next meeting.
Mayor Pro Tem Johnson stated that he was not opposed to re-opening the public comment period
as long as they were not violating any laws in doing so.
Mr. McKinney suggested that the City re-notice the Public Hearing which would make sure no
one was left out.
There was Council consensus to re-open the public comment period of the Public Hearing on
Item #B-1 with the City re-noticing the Public Hearing.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—August 25, 1998— (City Clerk recommendation: Approve)
[Marcia Torgerson]
CC 09/22/98
Page 4 of 9 000019
2. City Council Minutes—September 8, 1998—(City Clerk recommendation: Approve)
[Marcia Torgerson]
i
i.
3. Zone Change #97008 —7930 Santa Rosa Road(Gearhart) - Fiscal Impact: None
(Planning Commission recommendation: Council adopt Ordinance No. 353, approving
Zone Change 997008, by introducing for second reading by title only) [Paul Saldana]
4. FEMA Storm Damage Repair Projects—Fiscal Impact: $2,060.0 7 previously budgeted
FEMA funds—(Staff recommendation: Council accept the storm damage repair
improvements as complete and authorize release of the project retention.) [Brady
Cherry]
5. Annual Street Striping Project—Approval of Contract—Fiscal Impact: $28,325.36
(funds available in FY 1998-99 budget) (Staff recommendation: Council award the
contract for the annual street striping project to Safety Striping Services, Inc) [Brady
Cherry]
I
i
6. 1997 Local Law Enforcement Block Grants Program—Police Department Request to
purchase specialized police equipment—Fiscal Impact: None (Staff recommendation:
Council authorize the Police Department to purchase specialized police supplies and
equipment allocated under the 1997 Local Law Enforcement Block Grants Program)
[Dennis Hegwood/
Council Member Lerno stepped down on Item#A-3 due to a potential conflict of interest.
Council Member Luna pulled item#A-3.
RE: Item #A-3: Council Member Luna explained with an overhead projection (see Exhibit B )
that according to California Land Use and Planning Law, conditional zoning is an option. He
stated that he felt this item should go back to the Planning Commission where the appropriate
conditions could be attached to be consistent with the General Plan goal that existing
neighborhoods shall be preserved.
PUBLIC COMMENT
Mary Hickey,7950 Santa Rosa Road, stated that she felt that Council Member Clay has a
conflict of interest as he works with Peabody and Plum who has the proposed home listing. She
read a prepared statement into the record that expressed her feeling that this item should be
returned to the Planning Commission for consideration of conditions. (see Exhibit C)
Mayor Carden closed the Public Comment period
Mayor Carden asked Mr. Hanley if Council Member Clay has a conflict of interest as a result of
his employment with Peabody and Plum. Mr. Hanley responded that an agent who does not have
an interest in the brokerage does not have a conflict. However, he stressed that his opinion is not
a ruling and a Council',Member must decide on his own what he should vote on.
Council Member Clay,stated that he steps down even if there is an appearance of a conflict.
CC 09/22/98
Page 5 of 9
0000z®
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Clay
to adopt Ordinance No. 353, approving Zone Change#97008, by
introducing for second reading by title only.
Motion passed 3:1 by a roll-call vote. (Luna opposed,Lerno abstained)
MOTION: By Mayor Pro Tem Johnson and seconded by Council Member Luna
to approve Items #A-1,2,4, 5 and 6.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS:
1. General Plan Amendment#98004— 10801 El Camino Real (AVSD) - From"P"
(Public) to "RMF-16" (High Density Multiple Family) - Fiscal Impact: None
(Planning Commission recommendations: 1) Council find the Negative Declaration
prepared for this project to be adequate under the requirements of the California
Environmental Quality Act and the State and local guidelines for implementation of the >,
Act; and 2) Council adopt Resolution No. 1998-033 approving General Plan Amendment
#98004; and 3) Council adopt Ordinance No. 352, approving Zone Change #98005, by
introducing for first reading by title only) [Paul Saldana]
This item was continued by Council to their next meeting.(see Page 2) s�
C. MANAGEMENT REPORTS:
1. Falcon Cable Franchise Agreement—Request to extend Franchise Agreement—Fiscal.
Impact: Positive effect on the City's 5%franchise fee (Staff recommendation: Council
authorize the City Manager to send a letter to Falcon Cable indicating that the City will
extend the Franchise Agreement if the cable television system is upgraded to a Hybrid
Fiber, Coax, 750 MHz system with a minimum of 72 channels) [Wade McKinney]
This item was continued by Council. (see Page 2)
2. Wil-Mar Disposal Request for Approval of Stock Merger with U.S.A. Waste
Management — Fiscal Impact: None (Staff recommendation: Council approve request
by Wil-Mar Disposal for approval of stock merger with U.S.A. Waste Management)
[Wade McKinney]
City Manager Wade McKinney gave the staff report and answered Council questions.
Mayor Pro Tem Johnson asked what the City would be liable for if the Chicago Grade were to
close. City Attorney Roy Hanley responded that the City is only liable for the waste created by
City Hall and other City-owned entities.
Member Luna asked if the agreement with USA Waste could require that the a
Council Memb g q y pay the
per-ton fee to the IWMA. Mr. Hanley stated that the tipping fee does not relate to the ability of
the proposed hauler to perform but asked for a week to research the information.
CC 09/22/98
Page 6 of 9 000021
Mayor Carden stated that we could connect with Paso Robles on their recycling events. He said
that if the ultimate goal of both cities is the same and they offer the same level of service we
could work something out with Paso Robles to combine our efforts.
Council Member Luna stated that he did not have the same confidence in working with Paso
Robles as the Mayor does.
Mayor Pro Tem Johnson stated that he feels the County will not have their information ready for
some time and he does not want to wait.
Frank Zumwalt, attorney representative for Wil-Mar& Atascadero Waste, asked to make a brief
presentation. He stated that he is aware of the past litigation between Paso Robles and
Atascadero. He gave a summary of the events of the recent past. He reassured the Council that
there will be no change in the name of the company and no change in service with this proposed
merger. He asked the Council to approve this merger.
Jeff Jones, San Rafael representative, USA Waste Management, explained that USA Waste and
Waste Management recently merged to be the largest waste company in the world. He explained
the management philosophy of the company.
Rick Accuna, Divisional Vice-President for USA Waste Management, explained that with this
merger they will be looking to have all services under one roof, including recycling, dispatch,
servicing of trucks, etc.
Council Member Luna asked about adding the tipping fee. Mr. Zumwalt said, if that's the
sticking point, they will agree to that condition.
Council Member Clay asked Mr. Accuna if he understood correctly that they have no intention to
move from using the Chicago Grade Landfill. Mr. Accuna agreed that they are not intending to
take their volumes anywhere except Chicago Grade Landfill.
Mr. Zumwalt stated that he appreciates the Council hearing this item tonight. He also said that
he is impressed by the fact that the City has been very open to discuss this matter.
Unfortunately, he explained they have not had that same response from the County.
PUBLIC COMMENT
Fred Clough, attorneyrepresentative for Chicago Grade Landfill. He stated that his office is in
Santa Barbara and he specializes in land use and administrative law. He also said that he has
been the City Attorney for Santa Barbara, the City of Solvang and the City of Pismo Beach. He
expressed concerns with the proposed merger and its potential effects on the Chicago Grade
Landfill. He stated that in Wil-Mar's proposal to the County,they state that the company plans
on dumping at a landfill that they own, which presumably could be Paso Robles. He explained
that if Atascadero's waste went to Paso Robles,the Paso Robles City Council would control the
tipping fees charged for our waste. He stated that the Council should study all the issues
involved before making a decision and that there is no legal requirement for the Council to act
tonight or within any specific time period.
CC 09/22/98
Page 7 of 9
000022
Russ Wright, 7115 San Gregorio, stated he has known Walt Johnson, owner of the Chicago
Grade Landfill, for many years. He said that he is opposed to mandatory waste pick-up.
Debbie Takamura, 4850 Alamo Ave., said that the issue of liability is not a simple issue. She
expressed her concern that as management changes their decisions might change. Ms. Takamura
stated that she's concerned about the potential closing of Chicago Grade Landfill. She asked the
Council to postpone their decision until the County makes their report on the issue.
Mayor Carden closed the Public Comment period.
Mayor Pro Tem Johnson stated that he is comfortable with turning this issue over to the City
Attorney for review of Atascadero's liability and potential alternatives. He also said that he does
not want to wait for the County's decision on this subject.
Council Member Luna asked if we could legally impose a condition that they must dump at
Chicago Grade Landfill. Mr. Hanley stated that if the company agrees to it, it can be part of the
contract. But, we cannot force them to use Chicago Grade Landfill if they don't agree to it. _.
Mayor Carden said that he is concerned with limiting Atascadero to one landfill which would
lock us into their fees no matter what. He also reviewed the financial research he had done on
USA Waste and Waste Management. He agreed that he did not want to wait for the County to 1
make a decision on this matter. He suggested that this item be continued to next meeting.
There was Council consensus to continue this item to the next meeting.
C. Constitution Week—September 17-23, 1998
Accepted by Denise Martorff of the Daughters of the American Resolution, who gave a history
of Constitution Week.
3. Information Bulletin
D. COMMITTEE REPORTS
Water Committees
Council Member Clay said that they met with Paso Robles concerning their effort to create a
North County Committee to address water issues. The focus was on the Nacimiento and Salinas
proposals.
Integrated Waste Management Authority
Council Member Luna said that at their last meeting they discussed that in 1991 the yard waste
was estimated at 11.3%. Subsequently, when San Luis Obispo started its yard waste program,
they discovered that it's actually 26%of our waste. He explained that as a result of this
conclusion,there is a proposal before the IWMA to adjust the diversion rates.
CC 09/22/98
Page 8 of 9
000023
Economic Vitality Corporation, Board of Directors
Mayor Pro Tem Johnson said that they meet tomorrow.
City/ Schools Committee
Mayor Carden said that the joint use facilities and suggested routes to school are going to be
agendized at future Council meetings.
E.. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Council
Mayor Carden stated that it has been brought to his attention that the citizen members of the
traffic committee have been serving for some time. He said that he believes their terms are to be
reviewed annually. He asked staff to review the matter.
F. ADJOURNMENT:
Mayor Carden adjourned the Regular Session at 9:17 p.m. to the Redevelopment Agency
Meeting immediately following this meeting.
1
MINUTES RECORDED AND PREPARED BY:
Marcia M. Torgerson, City Clerk
Attachments: Exhibit A—Prepared statement by Benedict St. Germain
Exhibit B—Overhead projection by Council Member George Luna
Exhibit Council Member—Prepared statement by Mary Hickey
CC 09/22/98
Page 9 of 9
000024
To: The Mayor and City Council of Atascadero
y D
Re: Rezoning of Property at 10801 E1 Camino E
2 1 1998 '
Dear Mayor and Council Members:
CITY OF ATASCADERO
CITY CLERK'S OFFICE
As you have probably read in the Telegram-TrIlDune we senior citizens have been dealt a critical
blow to our health care: Tenet, Healthnet and Lifeguard
have dropped their medicare HMO plans. Exhibit: A
This letter is not intended to address that Atascadero City Counc
problem. What it does address is our understandable Meeting Date: 9/22/98
anxiety regarding the Planning Commission's
recommendation that the City Council approve a change
in the designation of the above property to RMF-16 (High
Density Multiple Family) . This change, if approved
by you, would mean that we in the Villa Margarita
Mobilehome Park would be subjected to the same injustice
to the north that we are now subjected to on the south
of our park since Bordeaux House Apartments were
constructed.
When most of us chose Villa Margarita as our
final home, it was quiet and virtually trouble-free.
Since Bordeaux came along we have been assaulted with
various acts of vandalism, theft, loud music from
stereos, boom boxes and car radios, strangers making
holes in the fence, and coming through to walk their
dogs and ride their bikes, abandoned cats and kittens,
garbage being thrown over the fence into our yards,
and the added problem of traffic congestion on El Camino
which is already congested with more traffic from the
new homes across the street. The resultant stress
of this situation has taken a heavy toll on us and the
possibility of being sandwiched between two multiple
family zones seems unbearable.
Now, more than ever, senior citizens must at
least be able to retreat to the peaceful quiet. of their
own homes in search of some comfort and respite from
our increasing feelings of disenfranchisement in this
community and in San Luis Obispo County.
This change to RMF-16 will decrease the value
of our mobiles and make it virtually impossible for
us to sell them. Most of us are too old or too ill to
move or even to attend the Council meeting on September
21st.
I know I speak for all the residents of Villa
Margarita Mobilehome Park who cannot attend your meeting,
as well as for the residents of the Danish Care Center
when I strongly urge you to vote "no" on this issue.
Please do not let this happen.
Si cerely, -
rm ti tciiL�
Villa Margarita Mobilehome Park
cc: Steven L. Decamp 000025
Exhibit: B
Atascadero City Council
Conditional zoning. Meeting Date: 9/22/98
"'Conditional zoning' is an appropriate phrase to describe a zoning
change which permits use of a particular property subject to
conditions not generally applicable to land similarly zoned."
Scrutton v. County of Sacramento, 275 Cala App. 2d 412, 417
(1969). The term "contract zoning" has sometimes been used synonymously with
"conditional zoning." The court in Scrutton stated at page 419 that the phrase
"contract zoning" has,no legal significance and simply refers to a reclassification of
land use in which the:landowner agrees to perform conditions not imposed on other
landowners.
F.
In Scrutton, plaintiff filed an application to have property rezoned from agricultural
to multiple-family residential to permit its development for residential apartment
purposes. The planning commission recommended approval of the application,,/
subject to certain conditions, which included dedication and improvement of
certain streets adjacent to the parcel. The Board of Supervisors, after hearing,
approved the Planning Commission's recommendation. Before adopting a rezoning
pP g
ordinance, the Board tendered a deed and contract for plaintiffs signature and
would not formally adopt the rezoning ordinance until the applicant returned the
executed deed and contract. Plaintiff refused to sign the contract and filed an action
for declaratory relief against the County on the theory that the imposition of such
conditions to a rezoning was improper.
The court upheldboth the County's action and the conditional
rezoning as a manifestation of the same police power which
supports.the imposition of conditions on approval of subdivisions,
building permits, and zoning variances. Scrutton, supra, at 418. it
should be noted, however, that the court also held that the conditions cannot
require an automatic reversion of the land to its former zoning if the conditions are
not met. Such a reversion would be a zoning amendment that would be invalid for
failure to comply with the notice and hearing procedures of the State Zoning Law.
000026
Exhibit: C
` Atascadero City Council
Meeting Date: 9/22/98 S P W,8JV
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Peabody & PI.,,LTM Realtors
.Altascadero's Premiere Deal Estate Company
Joy Rogalla Howdy&Annette Jerry Clay Linda Jensen, Mark B.Jensen Roland Snow
Edinger 1997 ROTY
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Richard Shannon Greg Malik,CRS Jan Bewley Michael Sherer Joni Roberts Ted Roberts
Founded in 1993 to bring together a group of real estate professionals with a common philosophy;;of
providing excellent service, Peabody &PLUM Realtors, Inc. has become a major force in the real
estate industry.
Peabody&PLUM's professionals have expertise that is hard to top, with more than 180 years of
combined experience In fields such as ranch and horse property, vineyard properties, residential and
commercial property, construction, subdivision sales, first-time home buying needs, mortgage loans,
financial planning, marketing, appraisal and escrow.
Open seven days a week, the agents of Peabody &PLUM Realtors are available to answer all of your
real estate needs. Their experience, education and professionalism will smoothly guide you through
your next real estate transaction. Their enthusiasm and appreciation of living in this beautiful area will
make it a pleasure!
Peabody&PLUM Realtors, Inc.
"NO ONE SERVES YOU BETTER"
Front Cover A.THIS LOVELY CEDAR SIDED A-FRAME HOME features a large LR w/hardwood
floors,3 BR,2BA,w/2 additional rooms for office or den.Extra large garage with work-
shop.$249,000
A B B.ENJOY THE VIEW of the 2nd fairway from this charming 3BR home. Vaulted wood
ceilings,separate living,dining&family rooms,&a 3 car garage.$179,500
C.PICTURE PERFECT PRIVATE SETTING with fantastic views. Dramatic entrance
C leads into sunken living room with fireplace. Formal dining room,plus breakfast room.4
Bedrooms,family room,separate office.A unique and exquisite home.$475,000
D.PARK-LIKE SETTING!You will enjoy every minute of the view from your living room,
in this well maintained 3 Bedroom home.$249,000
D E
E.IRRESISTIBLE HOME in a great location. 3 Bedrooms,3 Baths,terrific kitchen with
breakfast nook.Separate dining room.Deck with spa.All for only$239,750
000028
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�- Bran New Home. 1"
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Near Lake & ZO(D.
Oak Ca'bin•ets, Fireplace, 2 Car Garage.,
For More Information Call:
MICHAEL SHERER
46.6-8040
Peabody & PLUM REALT®RS
5585 EI Camino Real,Atascadero,CA 93422
K=
All information deemed reliable but not guaranteed.
00002'
ITEM NUMBER: A - 2
DATE: 10/13/98
■ 1 R Rim
1919 1979
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City Managq s Agenda Report
Wade G. McKinjoey
No Parking Zone—Navarette Avenue
RECOMMENDATION:
Council adopt Resolution No. 1998-039 designating a No Parking Zone on Navarette Avenue.
N
DISCUSSION: 1
The Traffic Committee has received frequent complaints from residents in this area regarding the
student parking problem behind the high school. Due to limited parking at the high school, the
residential streets adjacent are used as overflow parking.
The city has previously posted other streets in this area with signs restricting parking from 6:00
a.m. to 6:00 p.m. weekdays. This limitation allows for on street parking for residential use on
evenings and weekends, but eliminates the use as high school parking. Similar posting has been
successful on adjacent streets.
FISCAL IMPACT:
The cost of the posting;will be approximately $400.00 to be paid out of currently budgeted funds.
RESPONSIBLE DEPARTMENT: Community Services
ATTACHMENTS;: Resolution No. 1998-039
000030
RESOLUTION NO. 1998-039
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A NO PARKING ZONE ON NAVARETTE AVENUE
WHEREAS, Section 4-2.1101,et. seq., of the Atascadero Municipal Code allows
the City Traffic Engineer to designate "No Parking" areas, and to place and maintain
appropriate signs or markings indicating the same; and
WHEREAS, the Traffic Committee has studied the traffic problems at this
location and has determined that establishing a "No Parking 6AM to 6PM Monday thru
Friday"zone as shown on the attached Exhibit,A will improve the situation.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the
City Traffic Engineer to place and maintain appropriate signs or markings as indicated on
attached"Exhibit A".
On motion by Councilman , and seconded by Councilman ,
the foregoing resolution is hereby adopted in its entirety on the following vote:
AYES:
S
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON HAROLD L. CARDEN,III
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
000031
' II!
EXHIBIT A
Resolution No. 1998-039
�I
OS
it
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i
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41 1
.y i
G NO PARKING
6:00 AM.TO 6:00 P.M.
MONDAY-FRIDAY
SAN MARCOS
A.H.S.
1
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000032
f
ITEM NUMBER: A - 3
' DATE: 10/13/98
City Manager-s Agenda Report
Wade G. McKinney
Passenger Loading Zone—Palma Avenue
RECOMMENDATION:
Council adopt Resolut,ion No. 1998-040 designating a Passenger Loading Zone on Palma
Avenue.
i
DISCUSSION: t1
The Traffic Committee received a request from Mr. Peter Boonisar; President of Cure 2000
Leukemia Research Fund, Inc. to designate two passenger loading zones at their location. Mr.
Boonisar employs developmentally and physically challenged adults at this location and it is
important that a safe Passenger loading and unloading area be established. Because of their
location on the cornet of Traffic Way and Palma, it was determined that placing the loading
zones on Palma Avenue would be safest.
FISCAL IMPAC':
The cost of the painting will be approximately$50.00 to be paid out of currently budgeted funds.
RESPONSIBLE DEPARTMENT: Community Services
ATTACHMENTS: Resolution No. 1998-040
t
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RESOLUTION NO. 1998-040
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
DESIGNATING A PASSENGER LOADING ZONE
AT 5865 TRAFFIC WAY
WHEREAS, Section 4-2.1201, et. seq., of the Atascadero Municipal Code allows
the City Traffic Engineer to designate "No Stopping" areas, and to place and maintain
appropriate signs or markings indicating the same; and
WHEREAS, the Trac Committee has determined that establishing a passenger
loading zone at the location described on Exhibit A will improve traffic safety and
provide convenience to the citizens.
NOW, THEREFORE,BE IT RESOLVED that the City of Atascadero directs the
City Traffic Engineer to place and maintain appropriate signs or markings as indicated on
attached`Exhibit A
On motion by Councilman , and seconded by Councilman ,
the foregoing resolution is hereby adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON HAROLD L. CARDEN, III
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
000034
EXHIBIT A
Resolution No. 1998-040
ENTRADA AVE
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GRISANTI
HARDWARE
a
s
1
WILMAR CURE 2000
DISPOSAL LEUKEMIA
RESEARCH
TRAFFIC WAY
000035
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ITEM NUMBER; A4
DATE: 10/13/98
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i
City Manager's Agenda Report
Wade G. McKinney
No Stopping Zone— San Gabriel Road
RECOMMENDA'T'ION:
9
Council adopt Resolution No. 1998-041 designating a No Stopping Zone on San Gabriel Road.
DISCUSSION
Traffic congestion in this area creates a hazard for both vehicles and pedestrians. During school
bell times,parents stop on the north side of San Gabriel road to drop off and pick up children,
requiring the children to cross an extremely busy roadway.. Additionally, vehicles stopped along
the edge of the roadwojy reduce the width of the travel lane and cause a further hazard.
The school design originally provided a drive through area in front of the school for dropping o
and picking up studenff
ts, however, because of limited on-site parking, staff has been allowed to
park along the curb, significantly reducing the effectiveness of the design.
The school district has indicated that they are investigating the possibility of providing additional
on-site staff parking,Which should also improve the congestion.
FISCAL IMPACT:
The cost of the posting will be approximately $300.00 to be paid out of currently budgeted funds.
RESPONSIBLE DEPARTMENT: Community Services
ATTACHMENTS: Resolution No. 1998-041
•
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E
i
000036
RESOLUTION NO. 1998-041
RESOLUTION OF THE COUNCIL DF THE CITY OF ATASCADERO
DESIGNATING A NO STOPPING ZONE ON SAN GABRIEL AVENUE
WHEREAS, Section 4-2.1101, et. seq., of the Atascadero Municipal Code allows
the City Traffic Engineer to designate "No Stopping" areas, and to place and maintain
appropriate signs or markings indicating the same; and
WHEREAS, severe traffic congestion at this location is an on-going problem for
those traveling along San Gabriel Avenue along the frontage of the elementary school;
and
WHEREAS,vehicles stopping along this section of roadway create a hazard both
to the traveling public and pedestrians;and
WHEREAS, the Traffic Committee has studied the traffic problems at this
.location and has determined that establishing a "No Stopping" zone as shown on the
attached Exhibit A will improve the situation.
NOW,THEREFORE, BE IT RESOLVED that the City of Atascadero directs the l
City Traffic Engineer to place and maintain appropriate signs or markings as indicated on
attached"Exhibit A".
On motion by Councilman , and seconded by Councilman
the foregoing resolution is hereby adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON HAROLD L. CARDEN,III
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
00003'7
EXHIBIT A
Resolution No. 1998-041
300'
NO SAN
STOPPING GABRIEL
ZONE ROAD
SCHOOL
O
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TO MORRO ROAD
000038
ITEM NUMBER: A - 5
DATE: 10/13/98
1918 @ 1979 j
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City Managir's Agenda Report
Wade G. McKinney
Elimination of No Parking Zone—6895 El Camino Real
RECOMMENDATION:
Council adopt Resolution No. 1998-042 eliminating a No Parking Zone at 6895 El Camino Real.
DISCUSSION: I
The curb at this location was originally designated as a No Parking Zone due to large semi-trucks
routinely parked at thecurb creating a sight hazard for vehicles pulling onto El Camino Real.
Since that time the city, has utilized height restriction signs, which allows for on street parking
without the sight problIems associated with large vehicles.
The business owner at this location has requested that the curb is repainted and the Traffic
Committee has agreed4l This modification will add 4 new parking spaces at this location.
FISCAL IMPAC:
The cost of the repainting will be approximately$30.00 to be paid out of currently budgeted
funds.
RESPONSIBLE DEPARTMENT: Community Services
ATTACHMENTS,: Resolution No. 1998-042
I
400nZq
RESOLUTION NO. 1998-042
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
REMOVING A PORTION OF A NO PARKING ZONE
AT 6895 EL CAMINO REAL
WHEREAS, Section 4-2.1101, et. seq., of the Atascadero Municipal Code allows
the City Trak Engineer to designate "No Parking" areas, and to place and maintain
appropriate signs or markings indicating the same; and
WHEREAS, the city previously marked the entire length of the curb in this area
indicating a No Parking zone; and
WHEREAS, the business owner in this area has requested that the Traffic
Committee review the necessity for this parking restriction;
9
WHEREAS, the Traffic Committee agrees that parking can safely be allowed at
this location when vehicle height is restricted to less than 6'.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the
City Traffic Engineer to place and maintain appropriate signs or markings as indicated on
attached`Exhibit A".
On motion by Councilman and seconded by Councilman
the foregoing resolution is hereby adopted in its entirety on the following vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON HAROLD L. CARDEN, III
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY .
City Attorney
000040
EXHIBIT A
Resolution No. 1998-042
STRICTLY
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ITEM NUMBER: A - 6
DATE: 10/13/98
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i
City Manager's Agenda Report
Wade G. McKinney
3-Way Stop Intersection —Miramon and Sycamore Avenues
RECOMMENDA'T'ION:
Council adopt Resolution No. 1998-044 establishing a 3-way stop at the intersection of Miramon
and Sycamore Avenue .
DISCUSSION:
The Traffic Committee has received repeated complaints from the residents regarding speed and
visibility at this inters$ction. A number of alternative solutions have been tried including posting
speed limit signs,painting a centerline and requesting that an adjacent property owner trim the
bushes.
Each of these modifications has resulted in only minimal improvement. It is anticipated that the
installation of a 3-wayf stop intersection will improve the safety at this location.
FISCAL IMPAC':
The cost of the posting will be approximately$400.00 to be paid out of currently budgeted funds.
RESPONSIBLE DEPARTMENT: Community Services
ATTACHMENTS: Resolution No. 1998-044
000042
RESOLUTION NO. 1998-044
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO •
DESIGNATING A STOP INTERSECTION ON
SYCAMORE AND MIRAMON AVENUES
WHEREAS, Section 4-2.801, et. seq., of the Atascadero Municipal Code allows
the City Traffic Engineer to designate STOP intersections, and to place and maintain
appropriate signs or markings indicating the same; and
WHEREAS, the Traffic Committee recommends that establishing a STOP
intersection at the location described on attached Exhibit A will improve a hazardous
traffic condition.
NOW, THEREFORE, BE IT RESOLVED that the City-of Atascadero directs the
City Traffic Engineer to place and maintain appropriate signs or markings as indicated on
a
attached"Exhibit A".
On motion by Councilman , and seconded by Councilman
the foregoing resolution is hereby adopted in its entirety on the following vote:
l
AYES:
NOES:
ABSENT:
ADOPTED:
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON HAROLD L. CARDEN, III
City Clerk Mayor
APPROVED AS TO FORM:
ROY A. HANLEY
City Attorney
000043
EXHMIT A
Resolution No. 1:998-044
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000044
ITEM NUMBER: A - 7
DATE:_ 10/13/98
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City Manager-s Agenda Report
Wade G. McKinney
Montecito Avenue Improvements
San Anselmo Avenue Improvements
RECOMMENDA'T'ION:
Council authorize the Mayor to execute an agreement with Madonna Construction, Inc. to
construct the Montecitp Avenue and the San Anselmo Avenue Improvements at a maximum cost
of$82,632 and make the necessary appropriations. /
s
DISCUSSION:
Design of the Montecito Avenue and the San Anselmo Avenue improvements has been
completed. Bids werereceived and publicly opened on September 17, 1998. Consistent with
City procurement policies, the award of the contract requires Council approval.
A bid summary prepared by the City Clerk and an itemized bid summary are included in this
report for reference. The low bid was submitted by Madonna Construction, Inc. in the amount of
$66,860.00
The bids have been checked for completeness and accuracy. Staff finds Madonna Construction,
Inc. to be the lowest responsible bidder.
FISCAL IMPACT':
The funding source for the project is Fund 705, Streets and Bridges Impact Fees Fund.
PROJECT EXPENDITURES
Construction $68,860
• Contingencies ' 10% $6,886
Construction Engineering(Inspection, Contract'
Administration,Survey, Soils Testing) @ 10% $6,886
TOTAL PROJECT EXPENDITURES $82,632
000045
ITEM NUMBER: A - 7
DATE: 10/13/98
ALTERNATIVES:
1. Do not Award Contract- improvements will not be constructed. Storm water will continue
to pond on Montecito Avenue at its intersection with El Camino Real. The potential for
flooding the existing apartments adjacent to Montecito Avenue from water ponding in the
right-of-way will not be reduced. The potential for flooding at 5000 San Anselmo Avenue by
storm water exiting the right-of-way and flowing onto private property will not be reduced.
2. Award contract
ATTACHMENTS:
r,
Attachment A- Bid Summary
Attachment B -Itemized Bid Summary
I
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•
000046
ATTACHMENT A
Bid Summary
City
of A
Office of the City Clerk
BID SUMMARY
TO: Brady Cherry, Community Services Director
FROM: Marcia M. Torgerson, City Clerk
BID NO.: 98-08
OPENED : 09/17/98 2:00 p.m.
PROJECT: Montecito Avenue Improvements ;r
San Anselmo Avenue Improvements
(2)bids were received and opened today, as follows:
Bidder Base Bid Additive No. 1 Total Bid
Madonna Construction Company $55,760.00 $11,100.00 $66,860.00
P.O. Box 3910
San Luis Obispo, CA 93403
R. Burke Corporation $50,078.00 $18,820.00 $68,898.00
P.O. Box 957
San Luis Obispo, CA 93406
Attachment: 2 bids
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000048
ITEM NUMBER:—A - 8
DATE: 10/13/98
sera � ®
rias a i98
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City Managq's Agenda Report
Wade G. McKinoiey
SLORTA and SLOCOG Joint Powers Agreements
i
RECOMMENDA'T'ION:
Council adopt Resolution No. 1998-037 ratifying the amended Joint Powers Agreement for
SLORTA and adopt Resolution No. 1998-038 ratifying the amended Joint Powers Agreement for
SLOCOG.
I
DISCUSSION.
rafts of updated and slightly modified SLOCOG and SLORTA Joint
This,summary presents d p g y
Powers Agreements. The drafts highlight changes from the current JPAs with strikeouts and
underlining.
In January 1988,the Mayor Group met, considered the attached suggested amendments and more
specific amendments Isuggested by a citizen advocate, and endorsed the staff recommended
changes.The SL0006 Board approved the changes on August 5`"
At its July 15, 1998 meeting,the SLORTA Executive Committee requested SLORTA staff revise
the current Joint Powers Agreement to be consistent with SLOCOG'S JPA. The SLORTA
Board approved the changes on September 2nd
The Joint Powers Agreements provide the basis for theoperating parameters of SLOCOG AND
SLORTA. Any modification requires ratification by all member agencies. A number of
modifications are proposed to clarify issues and update the JPA.
SLOCOG:
Changes include:
updates to delete the Congestion Management Agency (CMA) and add the service Authority
for Freeways and Expressways (SAFE);
➢ modifications to change the election of officers to January;
➢ clarification of COG standing committees;
➢ and other minor clarification changes,
000049
't
ITEM NUMBER: A - 8
DATE: 10/13/98
SLORTA
Changes include;
➢ modifying the name of agency, City of Grover Beach and San Luis Obispo Council of
Governments
➢ clarification of SLORTA's standing committees;
➢ and other minor modifications.
FISCAL IMPACT:
r
None.
RESPONSIBLE DEPARTMENT: Community Services 1
ATTACHMENTS: Resolution No. 1998-037 SLORTA
SLORTA Joint Powers Agreement indicating proposed changes
SLORTA Joint Powers Agreement for signature
Resolution No. 1998-038—SLOCOG
SLOCOG Joint Powers Agreement indicating proposed changes
SLOCOG Joint Powers Agreement for signature
000050
RESOLUTION NO. 1998-037
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
RATIFYING THE JOINT POWERS AGREEMENT FOR THE
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
WHEREAS, the San Luis Obispo Regional Transit Authority was created by a
Joint Powers agreement between the Cities and County of San Luis Obispo; and
WHEREAS, any amendments require ratification by member agencies; and
WHEREAS, the San Luis Obispo Regional Transit Authority Board on
September 2nd approved minor clean-up and clarifying amendments for ratification by
member agencies;
NOW, THEREFORE, LET IT BE RESOLVED that the Council of the City of
Atascadero does hereby ratify the San Luis Obispo Regional Transit Authority Joint
Powers Agreement attached hereto as Exhibit A and incorporated herein by reference,
and authorize the Mayor to execute said agreement, and forward it to the San Luis Obispo
Regional Transit Authority.
On motion of , seconded by , and
on the following roll call vote,to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby adopted on this day of
1998.
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON HAROLD L. CARDEN, III
City Clerk Mayor
000051
b. An Executive Committee comprised of the President, Vice President and the
past President and at least one representatives from the county of San Luis Obispo
(if none of the above)=shall advise the Transit Manager and SLORTA on: draft
agendas, personnel issues, budget and Overall Work Program,; controversial,
sensitive and major policy issues; and shall facilitate the annual performance
evaluation of the Regional Transit Manager. Items for review shall be selected by
the Transit Manager in ffffi consu tation with the President: All Committee
members may include agenda items as they desire. For purposes of conducting
busine PAMMOMMAl two members shall constitute a quorum.
4. No committee shall commit SLORTA on any matter or questions of policy. Such
matters or questions can only be decided by SLORTA.
5. All committees shall receive clerical assistance from SLORTA staff and, by
agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such
duties as the Transit Manager may direct. The chair of each committee shall sign the original
copy of the minutes indicating verification of contents upon committee adoption. Copies of
minutes of all meetings shall be sent to members of SLORTA and the Transit Manager.
ARTICLE 111
Financial Provisions
Section 1. Budget: The Regional Transit Manager shall prepare an annual budget for
Transit Authority adoption prior to commencement of each fiscal year. The approval of the
Annual Budget shall be in accordance with those procedures prescribed by the Joint Powers
Agreement of SLOCOG.
Accounting practices to be applied will conform with those used by San Luis Obispo
County, consistent with Transportation Development Act rules and regulations.
A Consolidated Fund balance and cash balance will carry forward from one year to the
next. RMUMM11 ei. Pi e"
gil
mom
The budget may additionally carry funds for future fiscal years where necessary to
develop a multi-year Capital Improvement Program and to reflect obligations under state of
federal funding agreements, to the.extent allowable by California law.
No member Agency shall be required to expend any of its general fund monies to support
the operations of the-Transit-Authority- The operation of the transit system shall be funded from
revenues derived from operations, member Transportation Development Act fund contributions,
grants, and any other appropriate revenue sources. Each member agency shall make an annual
co tt irn bution to the Transit Authority in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions affected by that formula
and ratified by the Transit Authority.
U-nsportation
ll population percentages utilized shall be those annually adopted by SLOCOG for
allocating Development Act Funds based annually on estimates prepared by the
State Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code for
SLORTA JPA PAGE 3
UUU1754
cities and by the County.Planning Department for unincorporated communities.
Section 2. Expenditures: The Transit Authority may establish procedures and policies to
insure competitive prices for the purchases of goods and services. Formal bidding shall not be
required unless directed specifically by the Transit Authority or unless required by state or federal
law. Particularly in the purchase of equipment, including buses, the Transit Authority may
consider the design, maintenance and operating costs, and other similar factors in determining
the most suitable equipment and need not purchase equipment having the lowest initial cost. .
Section 3. Treasurer and Auditor: Pursuant to Government Code Section 6505.5, the
Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Transit
Authority. The Treasurer shall have the powers and duties set forth in Government Code Section
6505.5. The Auditor/Controller of the County of San Luis Obispo is designated as the Auditor of
this Transit Authority pursuant to Government Code Section 6505.5.
Section 4. Annual Audit: The Transit Authority shall cause an annual audit to be prepared
and filed in accordance with Government Code Section 6505 and Public Utilities Code Section
99245.
t i SSSren°MI.
Section 5. Annual Report: The Regional Transit Manager shall prepare and submit an
annual report of the operations to the Transit Authority, SLOCOG, and State Controller,within 90
days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243. ;!
I
Section 6. Periodic Reporting: The Transit Authority may require periodic reporting of
ridership, finances, or other information. It shall be the responsibility of the Regional Transit
Manager and Contractor (if appropriate) to provide such reports in a form acceptable to the
Transit Authority.
ARTICLE IV
Authority
Section I. Powers: The Transit Authority shall have all Powers necessary to carry out the
purpose of this Agreement, except the power to tax. Its power to expend funds shall be limited
only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of
the Transit Authority specifically include, but are not limited to, the following:
a. To solicit bids and negotiate contracts from private enterprise for services and/or
operation.
b. To sue or be sued.
C. To employ agents, employees and contract for professional services.
d. To make and enter contracts including labor and employment contracts.
e. To acquire, convey, construct, manage, maintain and operate necessary
equipment, building and improvements.
f. To acquire and convey real and personal property.
SLORTA JPA PAGE 4
000055
i
I
g- To incur debts, liabilities and obligations of financial assistance from State and
Federal agencies and to obligate the Transit Authority to operate the improvements, equipment i
or transportation system in accordance with the terms and conditions of said financial assistance.
I
Section 2. Transit Authority is a Public, Legal Entity: The Transit Authority is a public
entity duly formed and existing under the laws of the State of California. It is a separate and
distinct legal entity from its member agencies. The debts, duties and obligations created
pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those
of its officers, employees, members of the Board of Directors or the member agencies.
ARTICLE V
Miscellaneous Provisions
Section 1. Withdrawal of Member: A withdrawing member's financial obligation under this
Section is limited to the withdrawing member's pro-rata share of the currently adopted operating {.
budget based upon ARTICLE III, Section 1 within the service area of the obligated commitments
affecting the withdrawing member and any n 'nr�tf' SLOCOG's finding as to unmet transit
.o �W� r
needs that are reasonable to meet pursuant to f Pu��ic ti sties Code Section 99401.5.
Section 2. Amendment of Agreement:. No amendment to this Agreement shall be made /
without the consent of all member agencies at the time of the amendment.
Section 3. Ratification - Effective Date: This Agreement shall be deemed effective as to
those parties executing this agreement upon their execution of the agreement.
Section 4. Assignability: In the event it is deemed in the best public interest to have the
Transit Authority operated by another individual or entity, whether public or private, and provided
that the assignment complies with State and Federal laws, the agency on affirmative vote of the
majority in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and
personal property and cease operations upon such terms and conditions as the Transit Authority
determines to be reasonable.
Section 5. Termination: This Agreement shall continue in full force and effect until
rescinded by a majority of the member agencies.
Section 6. Notification to Secretary of State: Pursuant to Government Code Section
6503.5, the Transit Authority shall cause a notice of the execution of this Agreement to be
prepared and filed with the Office of the Secretary of the State of California, within thirty (30)
days after the effective date of any amendment to this Agreement. Until such filings are
completed, the Transit Authority shall not incur indebtedness of any kind.
SLORTA JPA PAGE 00056
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Resolution No.
Clerk
I
CITY OF GROVER BEACH
By; Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By; Date:
Mayor
Resolution No.
Clerk
SLORTA JPA PAGE 6
00005'
CITY OF PISMO BEACH
By: Date:
Mayor
Resolution No.
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
D,
COUNTY OF SAN LUIS OBISPO
By: Date:
Chair
s
Resolution No.
APPROVED AS TO FORM AND LEGAL EFFECT:
JAC CRAWFORD
Legal Counsel
By:
Legal Counsel
Dated:
Adopted by SLORTA 11998
•
SLORTA JPA PAGE 7
000058
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY
JOINT POWERS AGREEMENT
WITNESSETH:
This Agreement is made and entered into this 9t�' day of March, 1990, and amended on
, 1998, by and among the incorporated cities of Arroyo Grande, Atascadero, EI
Paso de Robles, Grover Beach, Morro Bay, Pismo Beach and San Luis Obispo, all being
municipal corporations in the County of San Luis Obispo, California (hereinafter called "Cities")
and the County of San Luis Obispo, a body politic and corporate, and a subdivision of the State
of California, (hereinafter called "County")
WHEREAS, Section 6500 et seq of the California Government Code (Title 1, Div. 7,
Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly
exercise any power common to the contracting parties, subject to certain mandatory provisions
contained therein; and
WHEREAS, the Cities and County have previously entered into a joint powers agreement
for the formation of the San Luis Obispo Council of Governments for the purpose of providing, I
among other things, for a regional transportation agency; and
WHEREAS, the San Luis Obispo Council of Governments, at a regularly held meeting on
May 10, 1989, voted to consolidate the administration of several transportation systems through
a regional transit joint powers agreement.
NOW THEREFORE, it is agreed as follows:
ARTICLE
General Provisions
Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of
the member agencies for the formation of Joint Powers Agreement with full power and authority
to own, operate and administer a county-wide public transportation system within the boundaries
and over the territory over which the Joint Powers Agency has jurisdiction.
Section 2. Name: The official name of the entity shall be San Luis Obispo Regional
Transit Authority and hereafter referred to as SLORTA.
ARTICLE II
Organization
Section 1. Board Members: The membership of the SLORTA Governing Board, shall be
the same as the membership of the San Luis Obispo Council of Governments (hereinafter
referred to as SLOCOG).
Section 2. Board Meetings - Voting - Quorum: Regular meetings shall be generally held
SLORTA,IPA I
0000b`.f
in the first week of July, September, November, January, March and May or as specified in a
biannually adopted meeting calendar. Special meetings may be called by the President or upon
written request of at least three (3) members of the SLORTA Board.
Voting and quorum provisions shall be the same as those provided in the SLOCOG Joint
Powers Agreement.
Section 3. Officers: The officers of SLOCOG shall serve as officers of the Transit
Authority.
Section 4. Manager: The SLORTA Board shall designate a Regional Transit Manager to
operate SLORTA. The manager shall serve at the pleasure of SLORTA Board, with delegated
powers to certify documents of the SLORTA Board as required by the law and to assume such
duties and responsibilities as the Board may direct.
Section 5. Members:
1. The County of San Luis Obispo and all cities incorporated in the County of San Luis
Obispo presently or in the future, are declared eligible for membership.
2. Membership shall be contingent upon the execution of this Joint Powers
Agreement. 1�
Section 6. Boundaries and Service Levels: The service area boundaries shall be all of the
area within the boundaries of San Luis Obispo County as designated by the SLORTA Board.
Any additional services beyond the level recommended by the Regional Transportation Plan or
mandated in the Unmet Transit Needs Hearing (PUC Section 99401.5) may be instituted, but
shall require unanimous approval of affected jurisdictions, with costs for the extra service to be
distributed on the basis of formula developed by the SLORTA Board members representing the
affected jurisdictions.
Section 7. Committees:
1. Committees and subcommittees may be established as SLORTA may deem
appropriate.
2. Membership on "ad-Hoc" policy committees shall be at the discretion of the
President. Nothing herein shall be construed to limit membership on these aforesaid committees
to officials of the member agencies. The President may appoint any individual deemed qualified
to serve on a committee.
3. Standing committees shall include the:
a. Regional Transit Advisory Committee (RTAC) serving as a Regional Transit
Productivity Committee to advise the Board on the efficiency and effectiveness of
the transit system.
b. An Executive Committee comprised of the President, Vice President and the
past President and at least one representatives from the county of San Luis Obispo
(if none of the above) shall advise the Transit Manager and SLORTA on: draft
agendas, personnel issues, budget and Overall Work Program; controversial,
sensitive and major policy issues; and shall facilitate the annual performance
evaluation of the Regional Transit Manager. Items for review shall be.selected by
SLORTA JPA 060060
the Transit Manager in consultation with the President. All Committee members
may include agenda items as they desire. For purposes of conducting business,
two members shall constitute a quorum.
4. No committee shall commit SLORTA on any matter or questions of policy. Such
matters or questions can only be decided by SLORTA.
5. All committees shall receive clerical assistance from SLORTA staff and, by
agreement, SLOCOG staff for the purpose of maintaining minutes of meetings and other such
duties as the Transit Manager may direct. The chair of each committee shall sign the original
copy of the minutes indicating verification of contents upon committee adoption. Copies of
minutes of all meetings shall be sent to members of SLORTA and the Transit Manager.
ARTICLE III
Financial Provisions >.
Section 1. Budget: The Regional Transit Manager shall prepare an annual budget for
Transit Authority adoption prior to commencement of each fiscal year. The approval of the
Annual Budget shall be in accordance with those procedures prescribed by the Joint Powers
Agreement of SLOCOG.
Accounting practices to be applied will conform with those used by San Luis Obispo
County, consistent with Transportation Development Act rules and regulations.
A Consolidated Fund balance and cash balance will carry forward from one year to the
next.
The budget may additionally carry funds for future fiscal years where necessary to
develop a multi-year Capital Improvement Program and to reflect obligations under state of
federal funding agreements, to the extent allowable by California law.
No member Agency shall be required to expend any of its general fund monies to support
the operations of the Transit Authority. The operation of the transit system shall be funded from
revenues derived from operations, member Transportation Development Act fund contributions,
grants, and any other appropriate revenue sources. Each member agency shall make an annual
contribution to the Transit Authority in accordance with the adopted budget.
Any formula may be amended upon approval of all jurisdictions affected by that formula
and ratified by the Transit Authority.
All population percentages utilized shall be those annually adopted by SLOCOG for
allocating Transportation Development Act Funds based annually on estimates prepared by the
State Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code for
cities and by the County Planning Department for unincorporated communities.
Section 2. Expenditures: The Transit Authority may establish procedures and policies to
insure competitive prices for the purchases of goods and services. Formal bidding shall not be
required unless directed specifically by the Transit Authority or unless required by state or federal
law. Particularly in the purchase of equipment, including buses, the Transit Authority may
consider the design, maintenance and operating costs, and other similar factors in determining
the most suitable equipment and need not purchase equipment having the lowest initial cost.
SLORTA JPA 3
000061
Section 3. Treasurer and Auditor: Pursuant to Government Code Section 6505.5, the
Treasurer of the County of San Luis Obispo is hereby designated as Treasurer of the Transit
Authority. The Treasurer shall have the powers and duties set forth in Government Code Section
6505.5. The Auditor/Controller of the County of San Luis Obispo is designated as the Auditor of
this Transit Authority pursuant to Government Code Section 6505.5.
Section 4. Annual Audit:The Transit Authority shall cause an annual audit to be prepared
and filed in accordance with Government Code Section 6505 and Public Utilities Code Section
99245.
Section 5. Annual Report: The Regional Transit Manager shall prepare and submit an
annual report of the operations to the Transit Authority, SLOCOG,. and State Controller within 90
days of the end of the fiscal year pursuant to Public Utilities Code, Section 99243.
Section 6. Periodic Reporting: The Transit Authority may require periodic reporting of
ridership, finances, or other information. It shall be the responsibility of the Regional Transit
Manager and Contractor (if appropriate) to provide such reports in a form acceptable to the
Transit Authority.
ARTICLE IV !
Authority
Section I. Powers: The Transit Authority shall have all Powers necessary to carry out the .
purpose of this Agreement, except the power to tax. Its power to expend funds shall be limited
only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of
the Transit Authority specifically include, but are not limited to, the following:
a. To solicit bids and negotiate contracts from private enterprise for services and/or
operation.
b. To sue or be sued.
C. To employ agents, employees and contract for professional services.
d. To make and enter contracts including labor and employment contracts.
e. To acquire, convey, construct, manage, maintain and operate necessary
equipment, building and improvements.
f. To acquire and convey real and personal property.
g- To incur debts, liabilities and obligations of financial assistance from State and
Federal agencies and to obligate the Transit Authority to operate the improvements, equipment
or transportation system in accordance with the terms and conditions of said financial assistance.
Section 2 Transit Authority is a Public, Legal Entity: The Transit Authority is a public
entity duly formed and existing under the laws of the State of California. It is a separate and
distinct legal entity from its member agencies. The debts, duties and obligations created
pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those
of its officers, employees, members of the Board of Directors or the member agencies.
SLORTA JPA 0600(;2
ARTICLE V
Miscellaneous Provisions
Section 1. Withdrawal of Member: A withdrawing member's financial obligation under this
Section is limited to the withdrawing member's pro-rata share of the currently adopted operating
budget based upon ARTICLE III, Section 1 within the service area of the obligated commitments
affecting the withdrawing member and any SLOCOG's finding as to unmet transit needs that are
reasonable to meet pursuant to Public Utilities Code Section 99401.5.
Section 2. Amendment of Agreement:. No amendment to this Agreement shall be made
without the consent of all member agencies at the time of the amendment.
Section 3. Ratification - Effective Date: This Agreement shall be deemed effective as to
those parties executing this agreement upon their execution of the agreement.
Section 4. Assignability: In the event it is deemed in the best public interest to have the
Transit Authority operated by another individual or entity, whether public or private, and provided
that the assignment complies with State and Federal laws, the agency on affirmative vote of the
majority in accordance with Section 2 of ARTICLE II, may sell, lease or assign all of its real and 1
personal property and cease operations upon such terms and conditions as the Transit Authority
determines to be reasonable.
Section 5. Termination: This Agreement shall continue in full force and effect until
rescinded by a majority of the member agencies.
. Section 6. Notification to Secretary of State: Pursuant to Government Code Section
6503.5, the Transit Authority shall cause a notice of the execution of this Agreement to be
prepared and filed with the Office of the Secretary of the State of California, within thirty (30)
days after the effective date of any amendment to this Agreement. Until such filings are
completed, the Transit Authority shall not incur indebtedness of any kind.
SLORTA JPA 5
00009:1
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year
hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Resolution No.
Clerk
1
t 1
CITY OF GROVER BEACH
By; Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By: Date:
Mayor
Resolution No.
Clerk
SLORTA JPA 6
CITY OF PISMO BEACH
By: Date:
Mayor
Resolution No.
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
COUNTY OF SAN LUIS OBISPO
By: Date:
Chair 1
Resolution No.
APPROVED AS TO FORM AND LEGAL EFFECT:
JAC CRAWFORD
Legal Counsel
By:
Legal Counsel
Dated:
Adopted by SLORTA 11998
SLORTA JPA 7
000065
RESOLUTION NO. 1998-038
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
RATIFYING THE JOINT POWERS AGREEMENT FOR THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
WHEREAS, the San Luis Obispo Council of Governments was created by a Joint
Powers agreement between the Cities and County of San Luis Obispo; and
WHEREAS, any amendments require ratification by member agencies;and
WHEREAS, the San Luis Obispo Council of Governments Board on August 5th
approved minor clean-up and clarifying amendments for ratification by member agencies;
NOW, THEREFORE, LET IT BE RESOLVED that the Council of the City of ,
Atascadero does hereby ratify the San Luis Obispo Council of Governments Joint Powers
Agreement attached hereto as Exhibit A and incorporated herein by reference, and
authorize the Mayor to execute said agreement, and forward it to the San Luis Obispo
Council of Governments.
1
On motion of , seconded by , and
on the following roll call vote,to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing resolution is hereby adopted on this day of
1998.
ATTEST: CITY OF ATASCADERO
MARCIA M. TORGERSON HAROLD L. CARDEN, III
City Clerk Mayor
000066
SLOCOG JOINT POWERS AGREEMENT PAGE NO.1
CVr-Ta4=w
JOINT POWERS AGREEMENT
OF THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
WITNESSETH:
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January,
1976, and amended on November 4, 1982, September 19, 1984, July 19, 1990, June 10, 1992,
June 2, 1993, June 8, 1994, and . 1998 by and among such of the incorporated cities of
Arroyo Grande, Atascadero, EI Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and
San Luis Obispo, all being municipal corporations of the State of California and located within the
boundaries of the County of San Luis Obispo, California, as may execute this Agreement, ,
hereinafter called "CITIES," and the County of San Luis Obispo, a body politic and corporate and
a subdivision of the State of California, hereinafter called "COUNTY," as follows:
WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7,
Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly
exercise any power common to the contracting parties, subject to certain mandatory provisions
contained therein; and
0 WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other incorporated
cities in the County, parties hereto, by virtue of Sections 65600 through 65604, inclusive, of the
California Government Code have the joint and mutual power to create an area planning council;
and
WHEREAS, COUNTY AND CITIES did, in 1968, jointly execute an agreement
establishing such a planning council and now wish to amend and supersede the same; and
WHEREAS, Section 29532, California Government Code, provides that such a Planning
and Coordinating Council shall be designated the Regional Transportation Planning Agency
(RTPA)to act in matters of transit and transportation planning; and
WHEREAS, it is desirable that a single agency be created by and with the consent of
CITIES and COUNTY to advise, plan for, and suggest solutions to common problems; assist in
the preparation of plans and programs by utilizing planning talents and general plans of the
various governmental jurisdictions in the County and of experts in various other fields and to
coordinate their efforts; and
WHEREAS, creation of such an agency and action by it upon certain plans and programs
is necessary to comply with requirements of federal and state legislation in order to participate in
the allocation and disbursement of state and federal funds which may be desired by COUNTY
and CITIES in the implementation of plans and programs which have been approved by their
respective governing bodies.
NOW,THEREFORE, it is agreed as follows:
000067
SLOCOG JOINT POWERS AGREEMENT PAGE NO.1
I. PURPOSE -
The member cities and county have joined together to establish the San Luis Obispo
Council of Governments for the following purposes:
1. As a Regional Agency, address issues of mutual concern to the county and the cities in
the San Luis Obispo region, and satisfy federal and state planning and programming mandates.
2. Provide a forum for planning, discussion, and study of areawide issues; prepare and adopt
regional plans and programs; serve as the regional agency for federal and state programs and
funding opportunities; and address other areawide issues based on the desires of the member
jurisdictions.
3. Represent member jurisdictions as planner, programmer, and broker in developing an
efficient and effective multi-modal transportation system that provides for the mobility needs of
people, goods, and services while protecting the environment.
4. Maximize state and federal funding and facilitate the development, coordination, and
implementation of local, and regional transportation programs to improve mobility and air quality. y'
5. Establish and operate a call box program in the County.
These purposes are to be achieved through the following methods: s�
1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG), the
Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA),
and the Service Authority for Freeways and
Expressways (SAFE)for San Luis Obispo County.
2. Allocate applicable federal, state, and local transportation funds to member jurisdictions
consistent with appropriate federal and state statutes, policies, and regulations, and adopted
board policies and criteria.
3. Conduct a continuous, cooperative, and comprehensive muffi inter-modal transportation
planning and project programming process that satisfies federal and state requirements.
4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement
......__._...
of an effective and efficient wmW inter-modal transportation system that satisfies the existing and
projected mobility needs of the region.
as
5. Develop and operate a Countywide call box system in coordination and cooperation with
the California Highway Patrol (CHP) and the California Department of Transportation
(CALTRANS).
6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-economic
and demographic data for integration into local and regional studies and plans. 0
7. Discuss and study area-wide problems of mutual interest and concern to the cities and
county and facilitate the development of policies and action recommendations for the solution of
such problems.
0060C)s
SLOCOG JOINT POWERS AGREEMENT PAGE NO.1
II. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS (SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the establishment of
the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct
public entity, as the agent to exercise the common powers provided for in this Agreement, and to
administer or otherwise execute this Agreement:
When originally established, SLOCOG was known as the San Luis Obispo County and
Cities Area Planning and Coordinating Council, subsequently renamed respectively: the San Luis
Obispo Council of Governments (SLOCOG), the San Luis Obispo Area Coordinating Council
(SLOACC), and back to SLOCOG. SLOCOG, as successor entity to the original COG
established in 1968, insofar as its predecessor entity has been designated, and insofar as legally
authorized shall function as:
1. The An Area Wide Planning Organization (APO), as designated by the U. S. Department
of Housing and County Development(HUD); 4.
2. A Council of Governments (COG), as designated by the Governor of the State of
California;
3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of
Business and Transportation Agency of the State of California;
4. The A Metropolitan Planning Organization (MPO) as designated by the U. S. Department
of Transportation; and
aelf, Sla n 01.6
5. A Service Authority for Freeways and Expressways (SAFE) as designated by the County
of San Luis Obispo and a maiority of cities with a maiority of population.
6. A Census Data Affiliate as designated by the U.S. Bureau of the Census.
Ill. POWERS
The San Luis Obispo Council of Governments hereinafter called "SLOCOG," is hereby
created as a voluntary agency pursuant to applicable provisions of the California Government
Code with the power to carry out the purposes hereinabove stated and to implement the approved
annual work program, including the power to: contract for goods and services; to provide for
employment of necessary personnel, experts and consultants;-te accept gifts, loans, and grants;
acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue
and be sued; and to 'administer the affairs of SLOCOG hereby created in accordance with this
Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby declared by
COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not be the
debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise
provided herein.
00009
SLOCOG JOINT POWERS AGREEMENT PAGE NO.2
IV. MEMBERSHIP
i in SLOCOG shall be voluntary, but only the County of San Luis Obispo and
1. Membership rY Y tY P
all cities incorporated in the County of San Luis Obispo presently or in the future, are declared
eligible for membership in SLOCOG.
2. Representatives of the COUNTY and CITIES shall be appointed to serve on SLOCOG in
accordance with procedures established by each of the governing bodies of the member
agencies. Representatives to SLOCOG, referred to as "Board Members", shall consist of the five
members of the Board of Supervisors of the County of San Luis Obispo from time to time in office
and of one member from the governing body of each incorporated city within the boundaries of
the County of San Luis Obispo which is a parry to this Agreement, with each incorporated area
being limited to one representative.
Representatives shall serve so long as they hold office with their member agency or until they
shall resign or be removed by a majority vote of their respective governing bodies. Vacancies
among representatives shall be filled in the same manner as the first appointment. '.
The Director of the California Department of Transportation, District 5, or his/her appointee, may
sit as an ex officio member of the Board. He or she shall receive all meeting notices and
agendas, have the right to participate in Board discussions, and have the right to request,matters
on the agenda, but shall not be counted towards a quorum of the Board and shall have no vote. 1;
3. Member city agencies may elect to have an alternate member(s) from their city council in
addition to any official member, but said alternate(s) shall be able to vote only in the absence of
the official representative.
4. Designation of the official representative or alternate(s), or changes thereto, shall be
transmitted in writing to the Executive Director of SLOCOG by the appointing city.
5. In addition to the incorporated cities presently a party to this Agreement, any other city
which may hereafter be incorporated within the boundaries of the County of San Luis Obispo and
which may desire to participate in the activities of the SLOCOG may do so by executing this
Agreement without prior approval or ratification of the named parties to this Agreement and shall
thereafter be governed by all the terms and provisions of this Agreement as of the date of
execution.
6. Membership shall be contingent upon the execution of this Joint Powers Agreement.
V. OPERATION
1. The powers of SLOCOG are advisory to the member agencies which execute this
Agreement except for those actions mandated by state or federal law for the processing of
applications submitted by any of the member agencies for federal and state grants or funds which
require action by SLOCOG. Nothing herein shall be construed to limit in any manner the power of
any of the parties to initiate and complete a local project within their respective jurisdictions with
their own funds. It is understood, however, that the recommendations of SLOCOG may have the
effect of precluding any favorable action by an agency of the state or federal government in
support of such a project if other than local financing is sought, as determined by the respective
state or federal agency under law, regulations and policies applicable to them.
0000'70
SLOCOG JOINT POWERS AGREEMENT PAGE NO.3
2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG
pursuant hereto, other than expenses of its members, which are to be borne by their respective
entities, and the cost of services by the officers and personnel of the respective entities to said
SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne
by the respective entities.
All costs incurred by SLOCOG performing functions as the MPO, and RTPA and-OM"r
San Luis Obispo County as designated by the State shall be paid out of the transportation fund
established pursuant to Section 29530, et seg., Government Code as provided for therein, and
State and Federal planning funds.
All costs incurred by SLOCOG performing functions as the SAFE for San Luis Obispo
County, as designated by adopted local resolutions, shall be paid out of the SAFE fund
established pursuant to Section 2550 of the Streets and Highway Code as provided for therein.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of
SLOCOG, including but not limited to salaries, office space, furniture, and services and supplies >.
shall be set forth in the budget as part of the annual work program of SLOCOG and shall be
funded from designated funds as approved by SLOCOG and applicable state and federal
agencies. Extraordinary costs as recommended by SLOCOG shall be borne by contributions
from the member entities as approved by their governing bodies.
I
Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide
Planning Organization shall be set forth in the budget as part of the annual work program and
shall be funded from contributions from member entities as approved by their governing boards or
from designated funds as approved by SLOCOG and/or applicable state and federal agencies.
4. The annual work program and budget, when adopted, shall be the basis for operation of
SLOCOG for the fiscal year. Any deviation from the work program affecting the budget shall be
approved by SLOCOG. Any extraordinary costs which have not been funded as part of the COG.
MPO, RTPA and GMA SAFE budget requiring local contributions, shall be returned to the member
agencies for approval.
5. For purposes of conducting business, there shall be present a quorum consisting of a
majority of representatives, including one (1) COUNTY representative. No action shall be
effective without the affirmative votes of a majority of those present. However, eight (8)
affirmative votes shall' be required for taking any action in the event any agency demands such a
vote. The representatives to SLOCOG shall adopt such procedures as are consistent with this
Agreement and necessary to conduct the business of SLOCOG in an orderly manner.
VI. OFFICERS
1. Officers. The officers of SLOCOG shall consist of a President and Vice President elected
for a term of one year by a majority vote of member agency representatives to SLOCOG.
......................._
2. Both the President and Vice-President of SLOCOG shall be elected at the 4446 Janualy
meeting.
3.
The officers shall serve until their successors are elected.
4. The duties of the officers shall be as follows:
0000'73
SLOCOG JOINT POWERS AGREEMENT PAGE NO.4
a. President:
1) Shall preside over all meetings of SLOCOG and the Executive Committee as
Chairperson.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said SLOCOG.
4) Shall be an ex-officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of SLOCOG:
b. Vice-President:
1) Shall serve asCI�a+F President Pro-tem (delegated to temporarily serve as chair) in
.....__..::::.:
the absence of the President.
2) Shall give whatever aid is necessary to the President in administering SLOCOG.
3) Shall be an ex-officio member of all committees.
5. In the event of a vacancy occurring in the office of either the President or Vice-President
upon said officer's death, resignation, removal or his/her ceasing to be an official representative of
a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the
SLOCOG, the officer elected to serve for the balance of the unexpired term.
1
VII. PERSONNEL AND SERVICES /
1. Executive Director. The Executive Director shall be selected by, and shall serve at the
pleasure of and upon the terms prescribed by the SLOCOG Board. The powers and the duties of
the Executive Director are to:
a. Serve as the chief administrative officer for SLOCOG and to be responsible to
SLOCOG for the administration of all SLOCOG affairs.
b. Supervise and direct the preparation of the annual work program and budget to
SLOCOG and be responsible for its implementation after adoption by SLOCOG.
C. Attend meetings of SLOCOG Board and act as Secretary to the SLOCOG Board..
d. Disburse all funds in accordance with the policies of the County-Treasurer and the
County Auditor/Controller and the budget and work program adopted by SLOCOG.
e. Prepare and submit to SLOCOG periodic financial reports and prepare a written year
end report reflecting activities of the preceding fiscal year, said year end report to be
distributed to each of the participating member bodies.
f. Appoint, supervise, suspend, discipline, or remove SLOCOG employees subject to
policies and procedures adopted by SLOCOG.
g. Maintain a record of all financial transactions, correspondence and reports of
SLOCOG.
h. Contract and assure completion of an annual fiscal audit of SLOCOG and a triennial
performance audit of SLOCOG.
SLOCOG JOINT POWERS AGREEMENT PAGE NO.5
i. Perform such other duties as SLOCOG may require in carrying out the policies and
direction of SLOCOG Board.
j. Maintain custody and control of all property of SLOCOG, other than monies and
securities.
2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as legal
counsel at the pleasure of SLOCOG Board and shall be reimbursed for services rendered.
3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the Treasurer of the
SLOCOG.
Treasurer shall:
a. Receive and receipt all money of SLOCOG and place it in the treasury of San Luis
Obispo County to the credit of SLOCOG.
b. Be responsible for the safekeeping and disbursement of all SLOCOG money held by
him/her.
c. Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or any
portion thereof, upon warrants of the SLOCOG controller designated herein. 1
d. Verify and report in writing as soon as possible after the first day of July, October,
January, and April of each year to SLOCOG the amounts of monies he/she holds for
SLOCOG, the amount of receipts since his/her last report, and any interest accrued to
those funds.
e. Invest funds.
SLOCOG shall reimburse the Treasurer for the actual cost of services rendered.
4. Controller. The Auditor-Controller of the County of San Luis Obispo shall serve as the
Controller at the pleasure of the SLOCOG Board and shall be reimbursed for services
rendered.
The Controller shall:
a. Draw warrants to pay demands against SLOCOG when the demands have been
approved by the COG Board and/or the COG Executive Director. He/She shall be
responsible on his/her official bond for his/her approval of disbursement of SLOCOG
money.
b. Keep and maintain records and books of account under the custody of the Controller
on the basis of generally accepted accounting practices.
c. Make available all such financial records of SLOCOG to a certified public accountant
or public accountant contracted by SLOCOG to make an annual audit of the accounts
and records of SLOCOG. The minimum requirements of the audit shall be those
prescribed by the State Controller for special districts under Section 26909 of the
Government Code and shall conform to generally accepted auditing standards.
SLOCOG shall reimburse the Auditor/Controller for the cost of services rendered.
0000'7:
SLOCOG JOINT POWERS AGREEMENT PAGE NO.6
5. Bond Requirements
may be designated
Director and such other employees of SLOCOG as
a. The Executivey
by the COG Board, shall file with SLOCOG an official fidelity bond in a sum
determined by the Council as security for the safekeeping of SLOCOG property
entrusted to such employees. Premiums for such bonds shall be paid by SLOCOG.
b. The County Treasurer., and Auditor-Controller shall be bonded or self-insured through
the county in-lieu of bonds (in accordance with Government Code Section 24156) in the
sum of$1000.
VIII. MEETINGS
1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more
frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of at least three
(3) representatives of SLOCOG. Actual notice of special meetings must be given at least three
(3) business days in advance.
3. Meetings shall be open to the public as required by state law. 1
i
4. Regular meetings shall be generally held in the first week of August, October, December,
February, April and June, as specified in the annual meeting-calendar adopted in at the June and
January meetings. Tpal
5. The Executive Director of SLOCOG will direct the publication of notices of all meetings
pursuant to state law.
6. Only official representatives or alternates shall represent a member of SLOCOG or vote
on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG. Agenda
material shall be submitted to the Executive Director at least fourteen (14) calendar days prior to
the next regular meeting and distributed to members at least twelve (12)calendar days prior to the
next regular meeting to allow member agencies to advise their representatives on tentative vote
subject to independent judgment of delegate based on public testimony. Unless authorized by
four-fifths vote of the representatives at a regular meeting, only agenda items shall be considered
by SLOCOG pursuant to provisions of the Brown Act.
8. SLOCOG, at the discretion of the President may memorialize any of its actions by
resolution.
9. Robert's Rules of Order, or such other rules as SLOCOG may adopt, will govern all
proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and
shall be submitted to member agencies.
0000'74
SLOCOG JOINT POWERS AGREEMENT PAGE NO.7
IX. COMMITTEES
1. Committees and subcommittees may be established as SLOCOG may deem appropriate.
2. Membership on "ad-Hoc" policy committees shall be at the discretion of the President.
Nothing herein shall be construed to limit membership on these aforesaid committees to officials
of the member agencies. The President may appoint any individual deemed qualified to serve on
a committee.
3. Standing committees shall include the:
,
Q*milllee
,
I0e0-agen6es;
,
1
e) a. Technical Transportation Advisory Committee (TTAC) and the Citizen's
Transportation Advisory Committee (CTAC) ' '
�Aueen the Of ' _ E)GG,G,; to advise the board
on transportation issues per adopted Committee bylaws.
#} b. Regional Transit Advisory Committee serving as the Regional Transit
Productivity Committee to advise the board on the efficiency and effectiveness of transit
systems and fulfill all responsibilities as required by Sections 99238 and 99244 of the
Public Utilities Code; and
g c. An Executive Committee comprised of the President, Vice President and the
past President and at least one representative from the county of San Luis Obispo (if
none of the above) said committee is to advise the Executive Director and SLOCOG on:
draft agendas, personnel issues, budget and Overall Work Program; 60 controversial,
sensitive and major policy issues; and shall facilitate the annual performance evaluation
of the Executive Director. Items for
review shall be selected by the D,,eskle4# Executive Director with consultation by the
E „+i a Dieb6tbF President. All Committee members may include agenda items as
they desire. For purposes of conducting business, a quorum shall constitute two
members.
4. No committee shall commit SLOCOG on any matter or questions of policy. Such matters
or questions can only be decided by SLOCOG.
5. All committees shall receive clerical assistance from SLOCOG staff for the purpose of
maintaining minutes of meetings and other such duties as the Executive Director may direct. The
chair of each committee shall sign the original copy of the minutes indicating his verification of
contents upon committee adoption. Copies of minutes of all meetings shall be sent to members
of SLOCOG and the Executive Director.
nnnn►yc_
SLOCOG JOINT POWERS AGREEMENT PAGE NO.8
X. FINANCE
1. SLOCOG shall have no power to expend funds on any project for which funds have not been
budgeted, nor on any item in excess of the budgeted amount.
2. The Treasurer of the County of San,Luis Obispo is designated the depository, and shall have
custody of all money of SLOCOG from whatever source received. SLOCOG shall contract with
an independent certified professional accountant to conduct annual fiscal audits as required by the
California Public Utilities Code Section 99245 and the Federal Single Audit Act of 1984.
XI. CITIZEN INVOLVEMENT
SLOCOG shall carry out a process for citizen involvement in major decisions in accordance with
an adopted Public Involvement Plan for Transportation Planning. Such process shall include: a
Git Transportation Advisory Committeeu for advising SLOCOG on a&transportation issues;
legal notices, and or press releases for ail adoption of all plans and for the allocation .of and
prioritization of funding; and widespread distribution of an agency newsletter.
XII. WITHDRAWAL AND DISSOLUTION I
' i
1. The parties to this Agreement pledge full cooperation and agree to assign representatives
to serve as official members of SLOCOG or any committee or subcommittee thereof who shall act
for and on behalf of their city or county in any or all matters which shall come before SLOCOG,
subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY.
2. Any'party to this Agreement may withdraw from SLOCOG and terminate its participation in
this agreement by resolution of its governing body. The withdrawal of the member shall have no
effect on the continuance of this Agreement among the remaining members and the Agreement
shall remain in full force and effect as respects the remaining members.
3. A member withdrawing shall not be liable for the payment of further contributions falling
due beyond the date of withdrawal and shall have no right to reimbursement of any monies
previously paid to SLOCOG, provided, however, that SLOCOG may authorize a reimbursement if
in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the
operation of SLOCOG. If any party hereto fails to pay its contribution, as determined by
SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG.
4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations and for
the return of any surplus funds of SLOCOG in proportion to the contributions made.
XIII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the
governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to
resolutions of such governing bodies authorizing such execution and shall remain in full force and
effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight
(8)counterparts which together shall constitute a single agreement.
SLOCOG JOINT POWERS AGREEMENT PAGE NO.9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor -
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor .
Resolution No.
Clerk
t
CITY OF GROVER BEACH
By: Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By: Date:
Mayor
Resolution No.
Clerk
i
0000717
SLOCOG JOINT POWERS AGREEMENT PAGE NO.10
CITY OF PISMO BEACH
0
By: Date
Mayor .
Resolution No.
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
COUNTY OF SAN LUIS OBISPO
By; Date:
Chair �
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAC CRAWFORD
SLOCOG Legal Counsel
By:
Legal Counsel
Dated:
Adopted by SLOCOG , 1998
%0owg_5ervef 11vd1 WVERALL WORK PROGRAM 1998-990100-Agency AdministraUon\0200-Board,Cor rnwaa suppormemorandumsWA AUGUST 98.doc
000078
San Luis Obis - �o Councl of Government
p
Arroyo Grande.
Regional Transportation Planning Agency Atascadero
Grover Beach
Metropolitan Planning:Organization Morro Bay
Paso Robles
Census Data Affiliate Pismo Beach
Service Authority for Freewa s and Expressways san ispis County
Ronald L.DeC:irli7-Executive Director Y YSan:Luis Obispo County
JOINT POWERS AGREEMENT
OF THE
SAN LUIS.OBISPO COUNCIL OF GOVERNMENTS
WITNESSETH:
THIS JOINT POWERS AGREEMENT is made and entered into this 17th day of January,
1976,`and amended on November 4,1982, September.19; 19841 July 19, 1990, June:10, 1992,
June 2, 1993, June;8, 1994; and August 5,'1998 by.and among such of the incorporated cities of ,
Arroyo Grande, Atascadero, EI Paso de Robles,'Grover: Beach, Morro Bay, Pismo Beach; and
San Luis Obispo, all being municipal corporations of the State of Califomia"and located Within"the
boundaries of the County of San Luis Obispo, California, as may -execute this.Agreement,
hereinafter called "CITIES, and the County of San Luis Obispo, a body politic and corporate and
a subdivision of the State of California, hereinafter called "COUNTY,"as follows: I
WHEREAS, Section,6500,et seq.,of the California Government Code (Title 1; Division 7,
Chapter 5,'Article 1) provides -for agreements between7 two, or more public agencies to.jointly
exercise any power common to the contracting parties, subject to certain mandatory:provisions
containedtherein; and' -
WHEREAS,the.City of San Luis Obispo by virtue of its`charter; and the other.incorporated
cities in the County, parties hereto, by virtue of Sections 65600-through"65604; inclusive,of the.
California Government`Code have the joint-and mutual power to create an area planning council;
and
WHEREAS, •COUNTY , AND CITIES` did, in .1968, jointly execute an . `agreement
establishing such'a planning;council and now Wish to amend.and supersede the same; and
WHEREAS; Section 29532,.Califomia'.Govemment Code, provides,that such a Planning
and. Coordinating Council shall'be-designated-the.-Regional.Transportation Planning Agency
(RTPA)to'act in matters of transit and transportation planning; and
WHEREAS,-it is desirable that a single agency be created by and with the consent of
CITIES and COUNTY to advise, plan:for, and"suggest solutions to common problems, assist in-~
the:preparation of plans and programs by .utilizing planning _talents" and general -pplanIs of the
various governmental_jurisdictions in the County`and.:of experts in various other fields'and to*.,
coordinate their efforts;'and';
WHEREAS; creation of such an agency and action by It upon certain plans and programs
is necessaryto comply with r6quiremenfs.of federal and.state-legislation in order to;participate In
the-allocation-and disbursement of state and federal-fundswhich may-be desired ,by COUNTY
and°•CITIES in the implementation`of plans and. programs which have ,been-approved by their:
reSpectle go'veming bodies
NO1N,THEREFORE,'it as agreed as follows
1 150.Osos-Street,Ste. 202;San Luis Obispo,CA 93401*Tel.,(805)-781-4219♦ FAN:,(8Q5)781-5703.. 000W` f
SLOCOG JOINT PONVERS AGREEMENT PAGE NO.2
I. PURPOSE
The member cities and county have joined together to establish the San Luis Obispo
Council of Governments for the following purposes:
1. As a Regional Agency, address issues of mutual concern to the county and the cities in
the San Luis Obispo region, and satisfy federal and state planning and programming mandates.
2. Provide a forum for planning, discussion, and study of areawide issues; prepare and adopt
regional plans and programs; serve as the regional agency for federal and state programs and
funding opportunities; and address other areawide issues based on the desires of the member
jurisdictions.
3. Represent member jurisdictions as planner, programmer, and broker in developing an
efficient and effective multi-modal transportation system that provides for the mobility needs of y.
people, goods, and services while protecting the environment.
4. Maximize state and federal funding and facilitate the development, coordination, and
implementation of local, and regional transportation programs to improve mobility and air quality.
5. Establish and operate a call box program in the County.
These purposes are to be achieved through the following methods:
1. Administer the Joint Powers Agency (JPA) as the Council of Governments (COG), the
Metropolitan Planning Organization (MPO), the Regional Transportation Planning Agency (RTPA),
and the Service Authority for Freeways and Expressways (SAFE)for San Luis Obispo County.
2. Allocate applicable federal, state, and local transportation funds to member jurisdictions
consistent with appropriate federal and state statutes, policies, and regulations, and adopted
board policies and criteria.
3. Conduct a continuous, cooperative, and comprehensive inter-modal transportation
planning and project programming process that satisfies federal and state requirements.
4. Facilitate and monitor the assessment, coordination, funding, utilization, and improvement
of an effective and efficient inter-modal transportation system that satisfies the existing and
projected mobility needs of the region.
5. Develop and operate a Countywide call box system in coordination and cooperation with
the California Highway Patrol (CHP) and the California Department of Transportation
(CALTRANS).
6. Serve as the Regional Census Data affiliate to analyze and disseminate socio-economic
and demographic data for integration into local and regional studies and plans.
7. Discuss and study area-wide problems of mutual interest and concern to the cities and
county and facilitate the development of.policies and action recommendations for the solution of
such problems.
000080
SLOCOG JOINT POWERS AGREEMENT PAGE NO.3
I1. ESTABLISHMENT OF THE SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS (SLOCOG)
Upon the effective date of this agreement the parties hereto reaffirm the establishment of
the San Luis Obispo Council of Governments hereinafter, SLOCOG, a separate and distinct
public entity, as the agent to exercise the common powers provided for in this Agreement, and to
administer or otherwise execute this Agreement.
When originally established, SLOCOG was known as the San Luis Obispo County and
Cities Area Planning and Coordinating Council, subsequently renamed respectively: the San Luis
Obispo Council of Governments (SLOCOG), the San Luis Obispo Area Coordinating Council
(SLOACC), and back to SLOCOG. SLOCOG, as successor entity to the original COG
established in 1968, insofar as its predecessor entity has been designated, and insofar as legally
authorized shall function as:
1. An Area Wide Planning Organization (APO), as designated by the U. S. Department of
Housing and County Development (HUD);
2. A Council of Governments (COG), as designated by the Governor of the State of
California;
s
3. A Regional Transportation Planning Agency (RTPA) as designated by the Secretary of
Business and Transportation Agency of the State of California;
4. A Metropolitan Planning Organization (MPO) as designated by the U. S. Department of
Transportation; and
5. A Service Authority for Freeways and Expressways (SAFE) as designated by the County
of San Luis Obispo and a majority of cities with a majority of population.
6. A Census Data Affiliate as designated by the U.S. Bureau of the Census.
III. POWERS
The San LuisObispo Council of Governments hereinafter called "SLOCOG," is hereby
created as a voluntary agency pursuant to applicable provisions of the California Government
Code with the power to carry out the purposes hereinabove stated and to implement the approved
annual work program, including the power to: contract for goods and services; provide for
employment of necessary personnel, experts and consultants; accept gifts, loans, and grants;
acquire, hold and convey real and personal property; incur debts, obligations and liabilities; sue
and be sued; and administer the affairs of SLOCOG hereby created in accordance with this
Agreement.
Pursuant to Section 6508.1, California Government Code, it is hereby declared by
COUNTY and CITIES that the debts, liabilities and obligations of the SLOCOG shall not be the
debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise
provided herein.
000081
SLOCOG JOINT POWERS AGREEMENT PAGE NO.5
2. Except as otherwise provided herein, there shall be no costs incurred by SLOCOG
p
pursuant hereto, other than expenses of its members, which are to be borne by their respective
entities, and the cost of services by the officers and personnel of the respective entities to said
SLOCOG, upon approval of such services by the governing bodies hereof, shall likewise be borne
by the respective entities.
All costs incurred by SLOCOG performing functions as the MPO and RTPA for San Luis
Obispo County as designated by the State shall be paid out of the transportation fund established
pursuant to Section 29530, et seq., Government Code as provided for therein, and State and
Federal planning funds.
All costs incurred by SLOCOG performing functions as the SAFE for San Luis Obispo
County, as designated by adopted local resolutions, shall be paid out of the SAFE fund
established pursuant to Section 2550, of the Streets and Highway Code as provided for therein.
3. Costs of SLOCOG for each fiscal year which are necessary for the ordinary operation of
SLOCOG, including but not limited to salaries, office space, furniture, and services and supplies
shall be set forth in the budget as part of the annual work program of SLOCOG and shall be
funded from designated funds as approved by SLOCOG and applicable state and federal
agencies. Extraordinary costs as recommended by SLOCOG shall be borne by contributions j
from the member entities as approved by their governing bodies.
Costs of all other extraordinary activities undertaken by SLOCOG as the Areawide
Planning Organization shall be set forth in the budget as part of the annual work program and
shall be funded from contributions from member entities as approved by their governing boards or
from designated funds as approved by SLOCOG and/or applicable state and federal agencies.
4. The annual work program and budget, when adopted, shall be the basis for operation of
SLOCOG for the fiscal year. Any deviation from the work program affecting the budget shall be
approved by SLOCOG. Any extraordinary costs which have not been funded as part of the COG,
MPO, RTPA and SAFE budget requiring local contributions, shall be returned to the member
agencies for approval.
5. For purposes of conducting business, there shall be present a quorum consisting of a
majority of representatives, including one (1) COUNTY representative. No action shall be
effective without the affirmative votes of a majority of those present. However, eight (8)
affirmative votes shall be required for taking any action in the event any agency demands such a
vote. The representatives to SLOCOG shall adopt such procedures as are consistent with this
Agreement and necessary to conduct the business of SLOCOG in an orderly manner.
VI. OFFICERS
1. Officers. The officers of SLOCOG shall consist of a President and Vice President elected
for a term of one year by a majority vote of member agency representatives to SLOCOG.
2. Both the President and Vice-President of SLOCOG shall be elected at the January
meeting.
3. The officers shall serve until their successors are elected.
nnnnwl
SLOCOG JOINT POWERS AGREEMENT PAGE NO.6
4. The duties of the officers shall be as follows:
a. President:
1) Shall preside over all meetings of SLOCOG and the Executive Committee as
Chairperson.
2) Shall appoint all standing committees.
3) Shall exercise general supervision over all activities of said SLOCOG.
4) Shall be an ex-officio member of all committees.
5) Shall execute all contracts and legal documents on behalf of SLOCOG..
b. Vice-President:
1) Shall serve as President Pro-tem (delegated to temporarily serve as chair) in the
absence of the President. °.
2) Shall give whatever aid is necessary to the President in administering SLOCOG.
3) Shall be an ex-officio member of all committees.
5. In the event of a vacancy occurring in the office of either the President or Vice-President
upon said officer's death, resignation, removal or his/her ceasing to be an official representative of
a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the ;
SLOCOG with the officer elected to serve for the balance of the unexpired term.
VII. PERSONNEL AND SERVICES
1. Executive Director. The Executive Director shall be selected by, and shall serve at the
pleasure of and upon the terms prescribed by the SLOCOG Board. The powers and the duties of
the Executive Director are to:
a. Serve as the chief administrative officer for SLOCOG and to be responsible to
SLOCOG for the administration of all SLOCOG affairs.
b. Supervise and direct the preparation of the annual work program and budget to
SLOCOG and be responsible for its implementation after adoption by SLOCOG.
c. Attend meetings of SLOCOG Board and act as Secretary to the SLOCOG Board.
d. Disburse all funds in accordance with the policies of the County-Treasurer and the
County Auditor/Controller and the budget and work program adopted by SLOCOG.
e. Prepare and submit to SLOCOG periodic financial reports and prepare a written year
end report reflecting activities of the preceding fiscal year, said year end report to be
distributed to each of the participating member bodies.
f. Appoint, supervise, suspend, discipline, or remove SLOCOG employees subject to
policies and procedures adopted by SLOCOG.
g. Maintain a record of all financial transactions, correspondence and reports of
SLOCOG.
SLOCOG JOINT POWERS AGREEMENT PAGE NO.7
h. Contract and assure completion of an annual fiscal audit of SLOCOG and a triennial
performance audit of SLOCOG.
i. Perform such other duties as SLOCOG may require in carrying out the policies and
direction of SLOCOG Board,
j. Maintain custody and control of all property of SLOCOG, other than monies and
securities.
2. Legal Counsel. The San Luis Obispo County Counsel's Office shall serve as legal
counsel at the pleasure of SLOCOG Board and shall be reimbursed for services rendered.
3. Treasurer. The Treasurer of the County of San Luis Obispo shall be the Treasurer of the
SLOCOG.
Treasurer shall:
a. Receive and receipt all money of SLOCOG and place it in the treasury of San Luis
Obispo County to the credit of SLOCOG.
1
b. Be responsible for the safekeeping and disbursement of all SLOCOG money held by
him/her.
c. Pay any sums due from SLOCOG, from SLOCOG'S funds held by him/her or any
portion thereof, upon warrants of the SLOCOG controller designated herein.
d. Verify and report in writing as soon as possible after the first day of July, October,
January, and April of each year to SLOCOG the amounts of monies he/she holds for
SLOCOG, the amount of receipts since his/her last report, and any interest accrued to
those funds.
e. Invest funds.
SLOCOG shall reimburse the Treasurer for the actual cost of services rendered.
4. Controller. The Auditor-Controller of the County of San Luis Obispo shall serve as the
Controller at the pleasure of the SLOCOG Board and shall be reimbursed for services
rendered.
The Controller shall:
a. Draw warrants to pay demands against SLOCOG when the demands have been
approved by the COG Board and/or the COG Executive Director. He/She shall be
responsible on his/her official bond for his/her approval of disbursement of SLOCOG
money.
b. Keep and maintain records and books of account under the custody of the Controller
on the basis of generally accepted accounting practices.
nnr�nnr
SLOCOG JOINT POWERS AGREEMENT PAGE NO.8
C. Make available all such financial records of SLOCOG to a certified public accountant
or public accountant contracted by SLOCOG to make an annual audit of the accounts
and records of SLOCOG. The minimum requirements of the audit shall be those
prescribed by the State Controller for special districts under Section 26909 of the
Government Code and shall conform to generally accepted auditing standards.
SLOCOG shall reimburse the Auditor/Controller for the cost of services rendered.
5. Bond Requirements
a. The Executive Director and such other employees of SLOCOG as may be designated
by the COG Board, shall file with SLOCOG an official fidelity bond in a sum
determined by the Council .as security for the safekeeping of SLOCOG property
entrusted to such employees. Premiums for such bonds shall be paid by SLOCOG.
0
b. The County Treasurer, and Auditor-Controller shall be bonded or self-insured through
the county in-lieu of bonds (in accordance with Government Code Section 24156) in the
sum of$1000.
' 1
VIII. MEETINGS 1
1. Regular meetings of SLOCOG shall be held at least six (6) times a year or at more
frequent intervals as approved by SLOCOG.
2. Special meetings may be called by the President or upon written request of at least three
(3) representatives of SLOCOG. Actual notice of special meetings must be given at least three
(3) business days in advance.
3. Meetings shall be open to the public as required by state law.
4. Regular meetings shall be generally held in the first week of August, October, December,
February, April and June, as specified in the calendar adopted at the June and January meetings.
5. The Executive Director of SLOCOG will direct the publication of notices of all meetings
pursuant to state law.
6. Only official representatives or alternates shall represent a member of SLOCOG or vote
on any motion before SLOCOG.
7. The meeting agenda shall be prepared by the Executive Director to SLOCOG. Agenda
material shall be submitted to the Executive Director at least fourteen (14) calendar days prior to
the next regular meeting and distributed to members at least twelve (12)calendar days prior to the
next regular meeting to allow member agencies to advise their representatives on tentative vote
subject to independent judgment of delegate based on public testimony. Unless authorized by
four-fifths vote of the representatives at a regular meeting, only agenda items shall be considered
by SLOCOG pursuant to provisions of the Brown Act.
8. SLOCOG, at the discretion of the President may memorialize any of its actions by
resolution.
000086
SLOCOG JOINT POWERS AGREEMENT PAGE NO.9
9. Robert's Rules of Order, or such other rules as SLOCOG may adopt, will govern all
proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. SLOCOG shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all SLOCOG meetings shall be kept by the Executive Director to SLOCOG and
shall be submitted to member agencies.
IX. COMMITTEES
1. Committees and subcommittees may be established as SLOCOG may deem appropriate.
2. Membership on "ad-Hoc" policy committees shall be at the discretion of the President.
Nothing herein shall be construed to limit membership on these aforesaid committees to officials
of the member agencies. The President may appoint any individual deemed qualified to serve on
a committee.
1
3. Standing committees shall include the:
a. Technical Transportation Advisory Committee (TTAC) and the Citizen's
Transportation Advisory Committee (CTAC) to advise the board on transportation issues
per adopted Committee bylaws.
b. Regional Transit Advisory Committee serving as the Regional Transit Productivity
Committee to advise the board on the efficiency and effectiveness of transit systems and
fulfill all responsibilities as required by Sections 99238 and 99244 of the Public Utilities
Code; and
c. An Executive Committee comprised of the President, Vice President and the past
President and at least one representative from the county of San Luis Obispo (if none of
the above). Said committee is to advise the Executive Director and SLOCOG on: draft
agendas, personnel issues, budget and Overall Work Program; controversial, sensitive
and major policy issues; and shall facilitate the annual performance evaluation of the
Executive Director. Items for review shall be selected by the Executive Director with
consultation by the President. All Committee members may include agenda items as
they desire. For purposes of conducting business, a quorum shall constitute two
members.
4. No committee shall commit SLOCOG on any matter or questions of policy. Such matters
or questions can only be decided by SLOCOG.
5. All committees shall receive clerical assistance from SLOCOG staff for the purpose of
maintaining minutes of meetings and other such duties as the Executive Director may direct. The
chair of each committee shall sign the original copy of the minutes indicating verification of
contents upon committee adoption. Copies of minutes of all meetings shall be sent to members
of SLOCOG and the Executive Director.
0000W2
SLOCOG JOINT POWERS AGREEMENT PAGE NO.10
X. FINANCE
1. SLOCOG shall have no power to expend funds on any project for which funds have not been
budgeted, nor on any item in excess of the budgeted amount.
2. The Treasurer of the County of San Luis Obispo is designated the depository, and shall have
custody of all money of SLOCOG from whatever source received. SLOCOG shall contract with
an independent certified professional accountant to conduct annual fiscal audits as required by the
California Public Utilities Code Section 99245 and the Federal Single Audit Act of 1984.
XI. CITIZEN INVOLVEMENT
SLOCOG shall carry out a process for citizen involvement in major decisions in accordance with
an adopted Public Involvement Plan for Transportation Planning. Such process shall include:
Transportation Advisory Committee(s) for advising SLOCOG on. transportation issues; legal '•
notices, and or press releases for adoption of all plans and for the allocation of and prioritization of
funding; and widespread distribution of an agency newsletter.
XII. WITHDRAWAL AND DISSOLUTION
i
1. The parties to this Agreement pledge full cooperation and agree to assign representatives
to serve as official members of SLOCOG or any committee or subcommittee thereof who shall act
for and on behalf of their city or county in any or all matters which shall come before SLOCOG,
subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY.
2. Any party to this Agreement may withdraw from SLOCOG and terminate its participation in
this agreement by resolution of its governing body. The withdrawal of the member shall have no
effect on the continuance of this Agreement among the remaining members and the Agreement
shall remain in full force and effect as respects the remaining members.
3. A member withdrawing shall not be liable for the payment of further contributions falling
due beyond the date of withdrawal and shall have no right to reimbursement of any monies
previously paid to SLOCOG, provided, however, that SLOCOG may authorize a reimbursement if
in its judgment such reimbursement is fair and equitable and can be done without jeopardy to the
operation of SLOCOG. If any party hereto fails to pay its contribution, as determined by
SLOCOG, said entity shall be deemed to have voluntarily withdrawn from SLOCOG.
4. SLOCOG may be dissolved at any time and this Agreement rescinded by a joint
agreement executed by COUNTY and CITIES which are parties hereto. Said rescission
Agreement shall provide for the orderly payment of all outstanding debts and obligations and for
the return of any surplus funds of SLOCOG in proportion to the contributions made.
XIII. EFFECTIVITY
This Agreement shall take effect upon its execution by the chairman or mayor and clerks of the
governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to
resolutions of such governing bodies authorizing such execution and shall remain in full force and
effect until dissolved pursuant to the provisions herein. This Agreement may be executed in eight
(8) counterparts which together shall constitute a single agreement.
SLOCOG JOINT POWERS AGREEMENT PAGE NO.11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first hereinabove written.
CITY OF ARROYO GRANDE
By: Date:
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
0
By: Date:
Mayor
Resolution No.
Clerk j
CITY OF GROVER BEACH
By: Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF PASO ROBLES
By: Date:
Mayor
Resolution No.
Clerk
nnnnsq
SLOCOG JOINT POWERS AGREEMENT PAGE NO.12
CITY OF PISMO BEACH
By: Date
Mayor
Resolution No:
Clerk
CITY OF SAN LUIS OBISPO
By: Date:
Mayor
Resolution No.
Clerk
COUNTY OF SAN LUIS OBISPO
• 1
By: Date: j
Chair
Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
JAC CRAWFORD
SLOCOG Legal Counsel
By:
Legal Counsel
Dated:
Adopted by SLOCOG August 5, 1998
%Woccg_server 1Wd1\OVERALL WORK PROGRAM 1998-9W100-Agency AdrrinistraUon\0200-Board.Committee SupporfCOG BwWPAs\SLOCOG JPAdoc
000090
ITEM NUMBER: A - 9
DATE: 10/13/98
Ri
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iais a a
A' CD
City Manager's Agenda Report
Wade G. McKiney
Adoption of Atascadero Police Association
Memorandum of Understanding
For Fiscal Year 1998/99
RECOMMENDATION:
Staff recommends the City Council authorize the Mayor to execute a Memorandum of
Understanding for the Atascadero Police Association for Fiscal Year 1998/99. f
S
DISCUSSION:
The City Manager introduced the concept of Interest Based Bargaining near the end of
negotiations last year. The employee groups agreed that , Interest Based Bargaining rather than
the traditional negoti4tion process would improve communications and working conditions in the
City. The City Council authorized training for representatives of the various bargaining units on
a citywide basis. Interest Based Bargaining is a process of communication that leads both sides
to work together in dealing with labor and management issues.
In March of 1998, the bargaining units that represent the majority of the Police Department
personnel, Atascadero Sergeants Service Organization, Atascadero Police Officer Association
and Atascadero Public Safety Technicians Organization, requested to be recognized as one
bargaining unit. These three units have negotiated as a single unit for more than eight years.
The three contracts have become very similar in nature over these past few years, almost
mirroring one another. The City has made an effort to standardize as many benefits as possible,
so all employees are treated equally with like benefits. Therefore the consolidation was
approved.
This year's Memorandum of Understanding (MOU) has taken on a new look. Staff has
standardized the fortiat of all the MOU's so they all read alike, with similar benefits under the
same section numbers. This year's agreement includes a three percent (3%) salary increase that
was approved in the City's Annual Operating Budget. This increase was implemented Citywide,
after approximately Five years of no salary raises.
i
000091.
ITEM NUMBER: A - 9
DATE: 10/13/98
FISCAL IMPACT:
The increase to salary represents approximately $41,800.00 for this bargaining unit, which
covers thirty-four employees and is included in the Annual Operating Budget.
RESPONSIBLE DEPARTMENT: City Manager's Office
ATTACHMENTS: Contract No. 98047
s
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000092'-
C OF A'FASC t ER�Q17
CO R 1A H
MEMORANDUM OF UNDERSTANDING
s,
BETWEEN THE
I
ATAS'CADERO POLICE ASSOCIATION
AND
CITY OF ATASCADERO
JULY 11 1998 TO JUNE 30, 1999
i
000093
MEMORANDUM OF UNDERSTANDING
ATASCADERO POLICE ASSOCIATION AND CITY OF ATASCADERO
JULY 1, 1998 THROUGH JUNE 30, 1999
TABLE OF CONTENTS
ARTICLE I-GENERAL PROVISIONS.....................................................................................1
SECTION1.1 PREAMBLE..................................................................................................................................1
SECTION 1.2 RECOGNITION............................................................................................................................1
SECTION1.3 SEVERANCE................................................................................................................................1
SECTION 1.4 SOLE AGREEMENT....................................................................................................................1
SECTION 1.5 FULL FORCE AND EFFECT.......................................................................................................2
ARTICLE H-RESPECTIVE RIGHTS........................................................................................2
SECTION 2.1 ASSOCIATION RIGHTS..............................................................................................................2
SECTION2.2 CITY RIGHTS...............................................................................................................................2
SECTION 2.3 PEACEFUL PERFORMANCE..............................................................................3
ARTICLE IH-HOURS OF WORK AND OVERTIlVIE....................................................................3 1
SECTION3.1 HOURS OF WORK.......................................................................................................................3
SECTION3.2 OVERTIME...................................................................................................................................4
SECTION 3.3 CALLBACK PAY.................................................................................................................. ....5
SECTION 3.4 COURT TIME/STANDBY TIME......................................................................................... .....5
ARTICLE IV-PAY PROVISIONS.............................................................................................6
SECTION4.1 SALARY........................................................................................................................................6
SECTION 4.2 EDUCATION INCENTIVE PAY.................................................................................................6
SECTION4.3 RETIREMENT..............................................................................................................................6
SECTION 4.4 SICK LEAVE/STAY WELL PLAN..............................................................................................7
SECTION4.5 VACATION LEAVE.....................................................................................................................7
SECTION4.6 HOLIDAYS...................................................................................................................................7
SECTION4.7 BEREAVEMENT LEAVE............................................................................................................8
SECTION4.8 MILITARY LEAVE......................................................................................................................8
SECTION4.9 OUT-OF-CLASS PAY..................................................................................................................8
SECTION 4.10 CANINE HANDLER INCENTIVE PAY....................................................................................8
SECTION 4.11 FIELD TRAINING OFFICER INCENTIVE PAY.......................................................8
SECTION 4.12 BRIEFING PAY................................................................................................8
ARTICLE V-HEALTH AND WELFARE..................................................................................9
SECTION 5.1 MEDICAL AND DENTAL INSURANCE COVERAGE.............................................................9
SECTION 5.2 UNIFORM/SAFETY EQUIPMENT ALLOWANCE...................................................................9
SECTION5.3 PROBATION..............................................................................................................................10
ARTICLE VI-CLOSING PROVISIONS...................................................................................10
SECTION 6.1 COMPARATIVE SALARY AND BENEFITS.........................................................10
SECTION6.2 TERM..........................................................................................................................................10
SECTION6.3 SIGNATURES.............................................................................................................................10
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000094
ARTICLE I-GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,hereinafter referred to
as the"City"and the Atascadero Police Association,hereinafter referred to as the"Association"pursuant to California
Government Code Section 3500, et seq. and the City's Employer Employee Relations Policy. The purpose of this
Memorandum of Understanding (MOU) is the establishment of wages,hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all employees covered herein
without favor or discrimination because of race,creed,color,sex,age,national origin,political or religious affiliations
or association memberships. Whenever the masculine gender is used in this MOU,it shall be understood to include the
feminine gender.
SECTION 1.2 RECOGNITION
4,
a. The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following
classifications:
• Police Officer
• Police Sergeant
• Support Services Lead Technician
• Support Services Technician
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to
the scope of representation under the Meyers-Milias-Brown Act(Government Code Section 3500,et seq.),and as
provided under the City's Employer-Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid,unconstitutional,unlawful,or unenforceable by reason
of any existing or subsequently enacted constitutional or legislative provision shall be severed, and all other
provisions of the Agreement shall remain in full force and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid,unconstitutional,unlawful or unenforceable,
the City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute
provision. Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way
modify or impact the remaining provisions of the existing MOU.
SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,hours, and terms and
conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in
conflict thereof,this MOU shall prevail.
APA MOU 1998/99 PAGE 1
000095
b. If,during the term of the MOU,the parties should mutually agree to modify,amend,or alter the provisions of this
MOU in any respect,any such change shall be effective only if and when reduced to writing and executed by the
authorized representatives of the City and the Association. Any such changes validly made shall become part of this
MOU and subject to its terms.
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages,hours, and terms and conditions of employment that are negotiable subjects of bargaining under the
Meyers-Milias-Brown Act,including those set in this MOU,shall remain in full force and effect during the term of
this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the Association.
ARTICLE H-RESPECTIVE RIGHTS
i
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within it
the scope of representation proposed to be adopted by the City Council.
b. Reasonable use of one bulletin board at the Atascadero Police Department.
c. The right to payroll deductions made for payments or organization dues and for City approved programs.
d. The use of City facilities for regular,normal and lawful Association activities,providing that approval of the City
Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their officially designated
representatives for the purpose of processing grievances or contacting members of the organization concerning
business within the scope of representation. Access shall be restricted so as not to interfere with the normal
operations of any department or with established safety or security requirements.
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes,but is not limited to the exclusive right to determine the standards of service;
determine the procedures and standards of selection for employment and promotion; direct its employees;take
disciplinary action for"just cause",relieve its employees from duty because of lack of work or for other legitimate
reason;maintain the efficiency of governmental operations;determine the methods,staffing and personnel by which
governmental operations are to be conducted;determine the content of job classifications;take all necessary actions
to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the
technology of performing its work; provided, however, that the exercise and retention of such rights does not
preclude employees or their representatives from consulting or raising grievances over the consequences or impact
that decisions on these matters may have on wage,hours and other terms of employment.
APA MOU 1998/99 PAGE 2
000096
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by
this Agreement are essential to the public health, safety and general welfare of the residents of the City of
Atascadero. Association agrees that under no circumstances will the Association recommend,encourage,cause or
promote its members to initiate,participate in,nor will any member of the bargaining unit take part in,any strike,
sit-down,stay-in,sick-out,slow-down,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.
b. In the event of any work stoppage,during the tern of this MOU,whether by the Association or by any member of
the bargaining unit,the Association by its officers,shall immediately declare in writing and publicize that such work
stoppage is illegal and unauthorized,and further direct its members in writing to cease the said conduct and resume
work. Copies of such written notices shall be served upon the City. If in the event of any work stoppage the
Association promptly and in good faith performs the obligations of this paragraph,and providing the Association
has not otherwise authorized,permitted or encouraged such work stoppage,the Association shall not be liable for
any damages caused by the violation of this provision. However,the City shall have the right to discipline,up to
and including discharge,any employee who instigates,participates in,or gives leadership to,any work stoppage
activity herein prohibited,and the City shall also have the right to seek full legal redress,including damages,against
any such employees.
I
ARTICLE HI--HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
In general,employees shall be scheduled to work consecutive days on and consecutive days off. Work schedules
changes(e.g.from 5/8 to 4/10;3/12,or 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. The normal work period shall be seven(7)days with a maximum non-overtime of forty(40)hours.
c. Mealtime
Mealtime for shift employees is thirty(30)minutes of paid time. Mealtime for non-shift employees is sixty(60)
minutes non-paid.
d. Mealtime Call Out for Shift Employees
Mealtime may be taken during the shift if the workload permits and as authorized and scheduled by the shift
supervisor. Shift employees receive mealtime as paid time,and therefore shift employee shall be subject to call out
during mealtime.
e. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen(15)minutes for each four(4)hours
APA MOU 1998/99 PAGE 3
00009'7
worked. Rest periods are not to be construed as mealtime. Insofar as practical rest periods shall be in the middle
of each work period. Rest periods cannot be used in conjunction with a meal periods,nor may rest periods be taken
during the employee's first or last scheduled hour of work.
f. Missed Rest Periods and Mealtime
Rest periods are paid time,therefore nothing in this section provides for or implies any additional compensation or
benefits if a rest period is not taken. Mealtime is paid time,therefore nothing in this section provides for or implies
any additional compensation or benefit if a meal period is not completed or taken.
g. Definition of Shift Employees
Shift employees(excluding administrative and investigative personnel)are assigned to positions which duties are
performed on a twenty-four(24)hour day,seven(7)days a week basis,and include:
Police Officers Police Sergeants Support Services Technicians Support Services Lead Technician
h. Shift Trade
Employees of equal rank will be allowed to trade shifts from time to time as long as the following criteria is met:
1. The trade does not adversely impact the Department's operating needs.
1
2. The trade does not result in the payment of overtime to the trading employees.
3. The trade is by mutual consent of the employees involved.
4. The trade request must be submitted in writing to the employees supervisor,signed by both employees and
approved by the Police Chief or his/her designee.
5. The trade days occur within the same pay period.
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay. All overtime shall be
recorded and paid in the following manner:
1 to 15 minutes,overtime compensation—0
16 to 30 minutes,overtime compensation—%z hour
31 to 45 minutes,overtime compensation-%hour
46 to 60 minutes,overtime compensation—1 hour
b. Hours Paid
Overtime shall be paid after forty(40)hours worked in a work period,except as provided in section 3.2.e(below).
Paid time off shall be considered time worked for overtime purposes. Briefing time pursuant to section 4.12.a shall
not be considered hours worked for overtime calculation purposes.
APA MOU 1998/99 PAGE 4
000098
c. Compensating Time Off(CTO)
P g
Notwithstanding the provisions of this section,employees may be granted CTO for overtime credit computed at time
and one-half at the mutual convenience of the Police Department and the employee.Employees may accumulate a
maximum of eighty(84)hours in their CTO account.
d. Scheduling Compensating Time Off
Requests to use CTO shall be granted with due regard for operational necessity such as staffing levels.
e. Schools/Training/Qualifications/Department Meetings
Overtime for Officers as the result of Department-wide training and meetings authorized by the Chief of Police will
be compensated at straight time up to four(4)hours per month.Hours traveling,studying,or evening classes,etc.,
when an employee is attending an out-of-town school shall not constitute overtime hours worked.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of two
(2)hours at time and one-half rate of pay.
c
I
SECTION 3.4 COURT TIME/STANDBY TIME
a. Employees placed on standby by the court at a time they are not working shall be compensated at the rate of two
(2)hours straight time compensation for every four(4)hours of actual time in standby assignment,prorated for more
or less than four hours. Minimum compensation will be for one(1)hour of straight time.
b. 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.
c. The Chief of Police may place employees on standby status. Standby duty shall not be considered as hours worked
for the purpose of computing overtime.
d. Police Officers may be assigned to two additional types of standby:
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. Employees assigned weekend standby shall be paid a flat fee of$40.00
per weekend assigned.
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.
e. Employees on standby status shall 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.
APA MOU 1998/99
PAGE 5
000099
ARTICLE IV-PAY PROVISIONS
SECTION 4.1 SALARY
The following monthly salaries become effective July 1, 1998.
51
Police Officer 28 2771.94 2910.53 3056.06 3208.86 3369.31
Police Sergeant 38 3333.95 3500.61 3675.67 3859.46 4052.43
Support Service Technician 5 2279.15 2393.11 2512.76 2638.40 2770.32
Support Service Lead Technician 10 2487.06 1 2611.42 2741.99 1 2879.09 3023.04
a. Steps B,C,D,and E shall be paid upon completion of twelve months of employment at the preceding step where
the employee has demonstrated at least satisfactory job progress and normally increasing productivity,and upon
recommendation of the Department Head and approval of the City Manager.
9,
SECTION 4.2 EDUCATION INCENTIVE PAY
a. Employees shall be reimbursed up to$400.00 per fiscal year for books,tuition and related educational expenses for
attending college or other professional training,providing the coursework is job-related,and the employee received 1
a passing grade.
b. Police Officers who possess a P.O.S.T. Intermediate Certificate will receive two and one-half percent(2%z%)in
additional pay to their base salary.
c. Police Officer who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent (2%z%) in
additional pay to their base salary,in addition to 4.2.b above.
d. Police Sergeants who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent(2%i%)in
additional pay to their base salary.
e. Police Sergeants who possess a P.O.S.T. Supervisory Certificate will receive two and one-half percent(2'/z%)in
additional pay to their base salary,in addition to 4.2.d above.
SECTION 4.3 RETIREMENT
a. Employees will be provided retirement benefits through the California Public Employees Retirement System
(CaIPERS). Police Officers and Police Sergeants will be provided benefits pursuant to the 2% @ 50 formula
(Section 21252.0 of the Government Code)for safety employees and the City will pay the employee contribution
of nine(90/6)percent. Support Service Technician and Support Services Lead Technician will be provided benefits
pursuant to the 2%@ 60 formula and the City will pay the employee contribution of seven(7%)percent.
b. The Ca1PERS retirement for Sworn Safety Members(as defined by CalPERS)includes Level Four(4)of the 1959
Survivor's Benefit. The employees shall pay the monthly cost of the benefit.
APA MOU 1998/99 PAGE 6
000100
c. The City shall contact CalPERS for the purpose of requesting a valuation of the 2%@55 retirement benefit,for
Miscellaneous members(as defined by Ca1PERS). The employee shall pay the increased cost for the benefit.
d. The City shall provide Ca1PERS the Post Retirement Survivor benefit for Miscellaneous Members.
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight(8)hours(one day)per month. There is no limit to the accumulation.
b. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus.The Stay
Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during the twelve(12) month period(December 1 -November 30)after an
employee has accumulated and maintained 48 days sick leave.
2. Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third
(1/3)of the unused annual allotment of sick leave. (The annual allotment is twelve(12)days).
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.
1
c. An employee may use a maximum of forty(40)hours sick leave per fiscal year,for the care of dependents who are '
ill,injured or pregnant and who are living in the employee's household.
SECTION 4.5 VACATION LEAVE
Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations.
SECTION 4.6 HOLIDAYS
a. Employees shall receive twelve(12)holidays per calendar year. Said holidays shall be credited in eight(8)hour
increments on the I'day of the first full pay period of each month. Holidays must be used within the calendar year.
Employees may take holiday time off consistent with the scheduling needs of the City and subject to approval of
the Chief of Police.
b. Employees shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and
have a current credit of more than ninety-six(96)hours of holiday time.
c. Employees who have not used their accrued holiday time by December 31",will be paid for all accrued holiday
hours,no later than the second pay-day of January.
d. Employees may elect to apply the value of accrued holiday hours to their deferred compensation account. Election
forms must be completed and received no later than December 156`,to be processed no later than the second pay-day
of January.
0 APA MOU 1998/99 PAGE 7
000101
e. Employees in a permanent part time position who are scheduled to work on a City recognized holiday shall be
allowed to accrue worked hours of holiday time up to eight(8)hours.
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death
of his/her spouse, child, parent, grandparent, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law,
brother,sister,brother-in-law,and sister-in-law.
SECTION 4.8 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All employees entitled to
military leave shall give the appointing power an opportunity within the limits of military regulations to determine when
such leave shall be taken.
9,
SECTION 4.9 OUT-OF-CLASS PAY
Police Sergeants who are assigned to work as Acting Lieutenant shall receive out of class pay after working ten(10)
cumulative shifts as Acting Lieutenant in any fiscal year. All other provisions of the Personnel Rules and Regulations
regarding out of class shall apply.
s
1
SECTION 4.10 CANINE HANDLER INCENTIVE PAY
The canine handler shall receive incentive pay of$39.23 bi-weekly,in addition to base salary.
SECTION 4.11 FIELD TRAINING OFFICER INCENTIVE PAY
a. Police Officers assigned to act in the capacity of Field Training Officer shall be compensated at the rate of $.87 per
hour not to exceed$150.00 per month. Compensation shall be provided only for hours actually spent serving in the
capacity of Field Training Officer.
b. Support Services Technicians assigned to act as a trainer of a newly hired employee shall be compensated at the rate
of $.29 per hour not to exceed$50.00 per month. Compensation shall be paid only for hours actually spent service
in the capacity of a trainer.
c. Compensation shall be provided only when the Chief of Police or designee has specifically authorized the
assignment.
SECTION 4.12 BRIEFING PAY
a. 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.
b. 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 assigned will receive $1.00 per hour for the shift
as compensation for time spent in shift change-over briefing.
APA MOU 1998/99 PAGE 8
000102
i
`! -HEALTH AND WELFARE
ARTICLE V
SECTION 5.1 MEDICAL AND DENTAL INSURANCE COVERAGE
a. City shall pay a total of$410.46 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. City shall pay for
increased costs to medical, dental, vision and life insurance premiums for employee and fifty percent(50%) of
increased costs for dependents based upon HMO plan costs.
b. Any funds remaining from the City's contribution toward insurance coverage shall be paid to the employee as
additional compensation.
c. The City shall provide term life insurance coverage for each employee in a total amount of twenty thousand
($20,000)dollars during the term of this agreement.
d. The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total
amount of one thousand($1,000)dollars per dependent during the tern of this agreement.
e. The Medical Insurance Committee may recommend changes in the level of service and service providers to the City
during the term of the agreement.Each recognized bargaining unit shall have authority to vote on a pro-rated basis.
The ratio shall be based on the number of unit employees to the number of employees eligible for health benefits.
I
f. Flexible Benefits Plan. The City shall make available to employees covered by this MOU a Flexible Benefit Plan,
in compliance with applicable Internal Revenue Code provisions. The plan will enable an employee,on a voluntary
basis,cover additional out of pocket premium expenses for insurance through pretax payroll dollars.
g. State Disability Insurance — The City shall provide State Disability Insurance as a payroll deduction of each
employee in the classification of Support Services Technician and Support Services Lead Technician. State
Disability Insurance shall be integrated with sick leave with the objective of providing full compensation.
SECTION 5.2 UNIFORM/SAFETY EQUIPMENT ALLOWANCE
a. The City shall provide an annual uniform allowance of seven-hundred dollars($700)for all eligible Police Officers
and Police Sergeants.
b. The City will make a lump sum payment of the uniform allowance no later than the second pay day in July.
c. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are required to seek
reimbursement through the courts with all practical diligence.
d. The City shall provide Support Services Technicians with"polo"type shirts to be worn with the approval of the
Chief of Police.
e. The City shall make available to Police Officers and Police Sergeants a bulletproof vest. Employees requesting a
vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a
vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of
Police.
APA MOU 1998/99 PAGE 9
0001 n-1
f. Rain boots-The City shall comply with the requirements of CAL/OSHA as it relates to providing rain gear including
rain boots.
SECTION 5.3 PROBATION
The probationary period for newly hired Police Officers or Police Sergeants shall be eighteen months.The probationary
period for newly hired Support Services Technician or Support Services Lead Technicianshall be twelve months. The
probationary period for employees promoted to Police Sergeants shall be twelve months. The probationary period for
employees promoted to Support Services Lead Technician shall be six months.The City shall have the option of granting
a newly hired employee in a miscellaneous classification,regular status at any time after nine(9)months of service.
ARTICLE VI-CLOSING PROVISIONS
SECTION 6.1 COMPARATIVE SALARY AND BENEFITS
The parties agree that future Cost of Living Allowances and health benefits for bargaining units shall be equal to all
other City employees. Unit employees shall receive any increases in benefits to COLA,health benefits and leave
accruals in an amount at least equal to that which is received by other bargaining units. The cost of these additional
benefits shall be calculated in a manner to provide accurate comparison with the other bargaining unit.
SECTION 6.2 TERM
The term of this MOU shall commence on July 1, 1998,and expire on June 30, 1999.
SECTION 6.3 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following representatives:
APA Date APA Date
CITY OF ATASCADERO
Mayor Date City Manager Date
APPROVED AS TO FORM
City Attorney Date
APA MOU 1998/99 PAGE 10
000104
ITEM NUMBER: B - 1
DATE: 10/13/98
W Rimn
i
1918 19 8
CPID] �
City Manager's Agenda Report
Wade G. McKih,ney
General Plan Amendment 98004 and Zone Change 98005
(10801 El Camino Real—AUSD)
RECOMMENDATION: '.
1. ' The Council find that the Negative Declaration prepared for this project to be adequate
under the provisions of the California Environmental Quality Act and the State and local
guidelines for the implementation of the Act. 1
s
2. The Council adopt Resolution 1998-035 approving General Plan Amendment 98004,
3. The Council adopt by Title only, waiving first reading, Ordinance 352 approving Zone .
Change 98005,.
DISCUSSION:
On September 22, 1998, the Council considered a request by the Atascadero Unified School
District to change tile,property land use designations from Public to High Density Multi-Family
(RMF-16). Following the public hearing, the Council discussed options, including zoning the
property to RMF-10 and using the Planned Development Overlay zoning to provide for single
family residences.
Staff has discussed the options with the District. District staff suggested that they would be
agreeable to allowing a PD overlay on the property, but not a reduction from RMF-16 to RMF
10. The purpose for requesting the designation to the RMF-16 was to place the same zoning on
the property as it was when the District purchased it, thereby, allowing the District to have the
property appraised and ultimately sold with the original zoning. This would allow the district to
recover as much of their purchase price as possible.
The Council could add"PD-7"which provides for single family homes within multi-family
zoning districts. The provisions of PD-7 are attached as Attachment"E". This would allow the
District to sell the property as "multi-family",yet provide for small lot development to occur on
the site.
A representative of the School District will be at the meeting. The meeting was noticed as
directed by Council.
000105
ITEM NUMBER: B - 1
DATE: 10/13/98
FISCAL IMPACT: None
ALTERNATIVES:
Should the Council desire to add the PD Overlay Zone 7 designation to the requested zone
change, it should modify Ordinance 352.
RESPONSIBLE DEPARTMENT: Community Development
ATTACHMENTS:
A. September 22, 1998 City Council Staff Report
B. Draft Negative Declaration
C. Planning Commission Resolution PC 1998-023 SI
D. Planning Commission Minute Excerpts
E. Copy of PD Overlay Zone 7 -
F. Resolution 1998-035
G. Ordinance#352
000106
ITEM NUMBER: ATTACHMENT A
DATE: 09/22/98
®I19B 8 ®
n
i
1918 p 9 IM-79
:I
,ArA'Sc�uF,R,O//
City Manager's Agenda Report
Wade G. McKinney
General Plan Amendment 98004 and Zone Change 98005
(10801 El Camino Real; AUSD)
RECOMMENDATIONS:
The Planning Commission recommends that:
1. The Council find the Negative Declaration prepared for this project to be adequate under the 1
provisions of the California Environmental Quality Act and the State and local guidelines for
the implementation of that Act.
2. The Council adopt Resolution 1998-035 approving General Plan Amendment 98004.
3. The Council adopt by Title only, waiving first reading, Ordinance 352 approving Zone
Change 98005.
DISCUSSION:
Back round: General Plan Amendment 98004 and Zone Change 98005 were submitted on July
22, 1998 and are being considered as a special cycle of general plan amendments as authorized
by the City Council on August 11, 1998.
At the conclusion of their public hearing on this item held on August 18, 1998, the Planning
Commission adopted Resolution #PC 1998-023 recommending Council approval of these
General Plan and Zoning Ordinance amendments.
Analysis: General Plan Amendment 98004 would change the land use designation of one (1)
parcel located at 10801 El Camino Real from"Public"to "High Density Multiple Family". Zone
Change 98005 would concurrently amend the zoning on the parcel from "P" (Public) to "RMF-
16" (Residential Multiple Family -High Density).
The Atascadero Unified School District originally purchased the subject property in May of
1991. The District's intention at that time was to construct an elementary school on the site to
serve residents of the southern portion of the City. The City's General Plan and Zoning
00010'7
ITEM NUMBER: ATTACHMENT A
DATE: 09/22/98
Ordinance recognize maps were amended in 1992 in order to and accommodate the District's
acquisition and future plans for the site. The prior land use designation for high density multiple
family development was amended to facilitate the District's planned school.
The school district has now abandoned its plans to construct a school facility on the subject
property. Because of this, the District has requested that the City's General Plan Land Use and
Zoning Ordinance Maps be amended to restore the previous multiple family designations.
The property located to the north, south, and west of the subject parcel is designated and zoned
for High Density Multiple Family development. Of the four parcels located immediately to the
north of this site, one contains an older single family home while the remainder are vacant. One
of the two parcels located to the south of this site is developed as a mobile home park and the
other is a skilled nursing facility (Danish Convalescent Care). The properties to the west (across
El Camino Real) are being developed as a series of small-lot, single family residential planned
developments. These projects are at densities approaching high density multiple family
standards. The property to the east of this site is within San Luis Obispo County jurisdiction and
ownership and is part of the Heilman Regional Park.
1
As indicated, the school district's property was designated for multiple family residential
development prior to its acquisition by the district for a school site. With the District's
abandonment of its plans for a new elementary school at this site, there appears to be no
overriding reason not to allow the property to revert to its previous designation. There appear to
be no viable "public" uses for this property if it is not to be utilized for a school site.
Environmental Review: Based on the information contained in the Initial Study, a determination
was made that the proposed action would not have a significant impact on the environment. A
Negative Declaration was therefore prepared and posted for public review and comment on
August 3, 1998. There were no comments received regarding the content or adequacy of this
environmental document during the public review period.
Conclusion: Amending the General Plan and Zoning Ordinance to allow for multiple family
development on the subject property does not present any significant planning issues. Indeed,
the current "Public" designation for the property was implemented only to accommodate the
school district's planning for an elementary school at that location. Absent any plans for a new
school, reversion of the land use designation to "Multiple Family" appears most appropriate.
This designation is consistent with surrounding land use designations and is consistent with the
other elements of the General Plan. Finally, this proposed General Plan amendment will provide
for additional housing opportunities in an area already dedicated to such uses, and well suited to
accommodate additional growth.
FISCAL IMPACT:
None fe
000108
ITEM NUMBER: ATTACHMENT A
DATE: 09/22/98
ALTERNATIVES:
As an alternative to the recommended changes in the General Plan and Zoning Ordinance, the
City Council could determine that the current "Public" designation should not be amended. This
alternative would result in the maintenance of approximately eight (8) acres of property
designated for public and quasi-public uses and a concurrent loss of opportunity for the location
of multiple family or other residential uses.
RESPONSIBLE DEPARTMENT: Community Development
ATTACHMENTS: A- Draft Negative Declaration
B - Location Map
C -Planning Commission Resolution#PC 1998-023
D - Planning Commission Minute Excerpts
E - Resolution No. 1998-035
F - Ordinance#352
1
0003,09
ATTACHMENT B
CITY OF ATASCADERO
NEGATIVE DECLARATION
I N
6500 Palma Avenue Atascadero,CA 93422 805.461.5035
APPLICANT: Atascadero Unified School District
5601 West Mall
Atascadero, CA 93422
(805) 462-4204
r
PROJECT TITLE: GPA 98004/ZC 98005
PROJECT LOCATION: AP#45-032-003
PROJECT DESCRIPTION: General Plan Amendment and Zone Change to amend the
land use designation of the 8.13 acre parcel from"P" (Public)to"RMF-16" (High Density
Multiple Family).
FINDINGS: s
I
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term
p J g g
environmental goals.
3. The project does not have impacts which are individually limited, but cumulatively
considerable.
4. The project will not cause substantial adverse effects on human beings either directly
or indirectly.
DETERMINATION:
Based on the above findings, and the information contained in the initial study(made a part hereof
by reference and on file in the Community Development Department), it has been determined that
the above project will not have an adverse impact on the environment.
PREPARED BY: Steven L. DeCamp, City Planner
DATE POSTED: August 3, 1998
DATE ADOPTED:
000110
ATTACHMENT C
RESOLUTION NO. PC 1998-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE
GPA 98004 AND ZC 98005 THEREBY AMENDING THE GENERAL PLAN LAND USE
AND ZONING MAPS FROM"PUBLIC" TO "HIGH DENSITY MULTIPLE FAMILY"
ON PROPERTY LOCATED AT 10801 EL CAMINO REAL
(Atascadero Unified School District)
WHEREAS, the Planning Commission of the City of Atascadero, at its regularly
scheduled meeting on August 18, 1998, studied and considered General Plan Amendment 98004
and Zone Change 98005 to change the land use and zoning designations of certain real property
from Public to High Density Multiple Family; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact these amendments to the General Plan Land Use Map and the Zoning Ordinance
map to protect the health, safety and welfare of its citizens by applying orderly development of the
City; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents,as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to; and
WHEREAS, based on the environmental record as it exists to date, the Negative
Declaration prepared for the project satisfies the requirements of CEQA and is adequate; and
WHEREAS, a timely and properly noticed public hearing upon General Plan Amendment
98004 and Zone Change 98005 was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan
and Zoning Ordinance amendments; and
WHEREAS, another public hearing will be held on the subject Genereral Plan and Zoning
amendments before the City Council during which the council will be presented the Resolution
and any new information added to the record after this date;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero, in a regular session assembled on August 18, 1998, resolved to recommend that the
City Council:
(a) Approve GeneralPlan Amendment 98004 amending the Land Use Map as shown on
000111
Exhibit A; and
(b) Approve Zone Change 98005 amending the Zoning Map as shown on Exhibit B; and
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the
Planning Commission Secretary to the City Council of the City of Atascadero.
PASSED AND ADOPTED THIS 18"DAY OF AUGUST, 1998.
On motion by Commissioner Eddings, and seconded by Commissioner Sauter the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Commissioners: Eddings, Sauter, Hageman, Fonzi, and Zimmerman
NOES: Commissioners: None
ABSENT: Commissioners: Clark
ABSTAIN: Commissioners: Arrambide
ADOPTED: August 18, 1998 1
CITY OF ATASCADERO, CA
Mic`Iiael Sauter, Vice-'Chairman
Attest:
Paul M. Saldana
Community Development Director
000112
EXHIBIT A
General Plan Map
Resolution PC 1998-023
General Plan Amendment#98004
10801 E1 Camino Real (AUSD)
I
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EXISTING DESIGNATION: "Public"
NEW DESIGNATION: "High Density Multiple Family"
vvuiYs
EXHIBIT B
Zoning Ordinance Map
Resolution PC 1998-23
Zoning Ordinance Amendment#98005
10801 El Camino Real (AUSD)
J
2
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6"Ti O E� C Mi O
EXISTING DESIGNATION: Public(P)
NEW DESIGNATION: Residential Multiple Family(RMF-16)
000114
ATTACHMENT D
MINUTES EXCERPTS
Planning Commission Meeting-August 18, 1998
Page Four of
e Commission asked that any house built on this property be as compatible with the neighbo
ho o as possible.
ACTION: That the Negative Declaration prepared for the proposed General P1 and
oning amendments satisfies the requirements of the California E ' onmental
ity Act.
Motion: dings
Second: San r
AYES: Eddings, Sauter, eman, Arrambide,Fonzi, Zi erman
NOES: None
ABSENT: Clark J
MOTION PASSED: 6:0
mmi ion adopt Re ution PC 1998-024 as amended
ACTION: That the Planning Co p ,
thereby recommendin at the City Counci pprove General Plan Amendments
#97009 and Zone C ge#97008.
Motion: Sauter
Second: Fo
AYES: Sauter onzi,Hageman, Arrambide, Fonzi, Zimmerman
NOES: ne
ABSENT- Clark
MO ON PASSED: 6:0
2. General Plan Amendment 98004/Zone Chance 98005- 10801 El Camino Real
(Atascadero Unified School District(Anthony L. Bridges)
Request to amend the General Plan Land Use Map and the Zoning Ordinance Map
designations from Public(P)to High Density Multiple Family(RMF-16). (Staff
recommendation: (1) That the Negative Declaration prepared for this project to be
adequate under the provisions of the California Environmental Quality Act(CEQA)
000116
Planning Commission Meeting-August 18, 1998
Page Five of
and the State and local guidelines for the implementation of the Act if no appeals are
received within the public comment period (2)Adopt Resolution PC 1998-023
recommending that the City Council approve General Plan Amendment 98004 and Zone
Change 98005).
STAFF RECOMMENDATION: (Steven DeCamp)
Staff recommends that the Commission:
1. The Commission recommends that the City Council find the Negative Declaration
prepared for this project to be adequate under the provisions of the California >..
Environmental Quality Act(CEQA) and the State and local guidelines for the
implementation of the Act if no appeals are received within the public comment period.
1. The Commission adopts Resolution#PC 1998-023 recommending that the City Council 1
approve General Plan Amendment 98004 and Zone Change 98005.
Commissioner Arrambide stepped down for this item only
Steverovided the staff report suggesting that Resolution#PC 1998-023 be amended to include
P p � g
public notice appeal period language.
Commissioner Zimmerman- explained that the City Council voted to accept this General Plan
Amendment in to this General Plan cycle, otherwise it would have had to wait until the October
1'`cycle.
Chairman Zimmerman wondered if the school district has enough property for expansion if they
give up this piece of property. He said he was disappointed that the school district had not sent a
representative to this meeting.
TESTIMONY:
Mike Arrambide, 7243 Del Rio Road -informed the Commission that when the school district
purchased this particular piece of property for future school construction, there was a tremendous
outcry from the public because it was too close to the State Hospital.
Rush Kolmaine,P.O. Box 1990- asked what the City's requirement was for introducing General
Plan Amendments originating outside the City. Steve explained that under State law, there are
four(4) opportunities during the year to initiate changes in the General Plan. The City Council
has decided that they would reserve two of those opportunities for themselves; allowing two (2)
000116
Planning Commission Meeting-August 18, 1998
Page Sia of
opportunities-the April cycle and the October cycle for members of the public to request changes
to the General Plan. Council utilized one of their opportunities to add this particular General Plan
Amendment for staffs consideration.
Chairman Zimmerman- asked if this was an unusual procedure? Steve answered that it's not
unheard of for a General Plan Amendment to be initiated outside of the April 1 and October 1
cycles but it is uncommon. Chairman Zimmerman inquired whether-this:amendment was included
retroactively into the April la cycle.
Paul Saldana- commented that the recommendation before the City Council was to initiate a
"Special General Plan Cycle" for this particular request. '.
Mr. Kolmaine felt that the school district was asking for special treatment that would not
necessarily be available to the general public.
I
. . . . . . . .closed to public comment. . . . . . . . .
Commissioner Fonzi -recommended continuance of this item as she would like to ask the school
district some questions.
It was the consensus of the Commission that if the school district is requesting a zone change,
they probably do not intend to build on this property.
ACTION: The Commission recommends that the City Council find the Negative
Declaration prepared for this project to be adequate under the provisions of
the California Environmental Quality Act(CEQA) and the State and local
guidelines for the implementation of the Act if no appeals are received within the
public comment period.
Motion: Eddings
Second: Sauter
AYES: Eddings, Sauter Fonzi, Hageman, Zimmerman
NOES: None
ABSENT: Clark
MOTION PASSED: 5:0
000117
Planning Commission Meeting-August 18, 1998
Page Seven of
ACTION: The Commission adopts Resolution#PC 1998-023, as amended, recommending
that the City Council approve General Plan Amendment 98004 and Zone Change
98005.
Motion: Eddings
Second: Sauter
AYES: Eddings, Sauter, Fonzi,Hageman,Zimmerman
NOES: None
a
ABSENT: Clark
MOTION PASSED: 5:0
. . . . . .Commissioner Arrambide rejoined the Commission. . . . . . s�
000118
ATTACHMENT E f
9-3 . 651. Establishment of Planned Development Overlay Zone No 7
PD7 : A Planned Development Overlay, Zone No. 7 may be established
in multiple family residential zones. The following development
standards shall be applied to all projects within Planned Develop-
ment Zone No. 7 :
(a) A Master Plan of Development of the site shall be f
approved. All construction and development shall be done
in conformance with the approved master plan.
(b) No subsequent Tentative Parcel or Tract Map shall be
approved unless found to be consistent with the approved
Master Plan of Development.
P
(c) A proposed planned development project shall consist of
no fewer than four (4) residential units.
o �
(d) The parent lot or lots shall have frontage on a public
street.
t
(e) Each dwelling unit shall be subject to review under the
City's Appearance Review Guidelines. /
(f) Building setbacks shall be as follows:
i
Front yard at residence - 15 feet
Side yards (combined) - 10 feet
Side yard (corner lot) - 12 feet
Rear yard (single-story) - 10 feet
Rear yard (two-story) - 15 feet
Garages shall be recessed from the front of
the residence by at least five (5 ) feet.
( 1) Physically Unique Sites : Sites with one or
more mature tree, steep slopes, riparian
areas and/or some other unique physical
characteristic are not subject to the above
setback requirements provided the following
Findings are made: (1) that flexibility from
the above setback standards is necessary to
enable the environmentally superior design
alternative; (2) that at least fifty percent
(50%) of each individual lot will be land-
scaped; and (3) that at least sixty percent
(60%) of the net area of the overall site
will be landscaped.
000119
.l
(g) Building coverage (residence plus garage footprint) shall
not exceed 35% of the individual lot area. Landscaping
shall constitute a minimum of 40% of the lot area. The
measurement of landscaped areas shall be exclusive of
driveways, patios, decks, etc.
(h) Two story residences shall have a second floor that is
- limited to 75 of the gross area of the first floor .
inclusive of the garage.
(i) All mechanical equipment, including HVAC units and
utility meters, shall be screened from view from adjacent
streets and properties.
(j) Exterior fencing shall be consistent throughout the
project. Design and appearance of fences and/or walls
shall be compatible with the deign of the dwelling units.
(k) Accessory buildings (sheds, etc) will be allowed; how-
ever, the footprint of such accessory buildings will
count toward .the maximum percent of allowable building
coverage.
(1) Each proposed lot shall have a minimum frontage of forty-
five (45) feet, except that lots at the end of a cul-de-
sac may be forty (40) feet.
(m) . Parking for two resident vehicles shall be provided in a
garage with minimum interior dimensions of 20' x 201 .
One guest parking space of at least 9' x 18' shall be
provided on each individual lot. The driveway area may
be used to satisfy the guest parking requirement. on-
street parking shall not be used to satisfy the parking
requirements.
(n) Private open pace shall be provided for each residential
unit at a ratio of 300 square feet for the first two (2)
bedrooms. Each bedroom in excess of two (2) shall cause
the private open space to be increased by 50 square feet.
The required front yard setback area shall not be used to
satisfy the open space requirement; however, side and
rear setback areas may be utilized. The minimum width of
the private open space area shall not be less than ten
(10) feet.
(o) Individual trash collection shall be used for each
residential unit. Provisions shall be made for storage
of trash cans within the garage or fenced area.
(p) All utilities, including electric, telephone and cable,
along the frontage of and within the PD shall be
installed underground.
3-75 000120'
q) Alterations or additions to established dwelling units shall
be subject to the density standards of the underlying zone
and shall be reviewed pursuant to the City' s Appearance
Review Guidelines.
r) All dwelling units shall be equipped with water conservation
devices to include low flow shower heads and toilets, and
drip irrigation systems.
1
000121
ATTACHMENT F
RESOLUTION NO. 1998-035
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT
BY AMENDING THE LAND USE MAP DESIGNATION FROM
PUBLIC TO MULTIPLE FAMILY RESIDENTIAL ON PROPERTY LOCATED AT
10801 EL CAMINO REAL
(GPA 98004; AUSD)
a
WHEREAS, the City of Atascadero has grown considerably since incorporation; and I
WHEREAS, the City's General Plan Land Use Element, which was adopted in 1992 to
guide the City's general growth, needs to be revised with respect to the subject property; and
WHEREAS; the Planning Commission of the City of Atascadero conducted a public i
hearing on the proposed General Plan amendment on August 18, 1998; and
WHEREAS, Government Code Section 65356 provides that a General Plan be amended
by the adoption of a resolution; and
WHEREAS, the Council of the City of Atascadero finds as follows:
1. The proposed General Plan amendment recommended by*he Planning
Commission is consistent with the goals and policies of the General Plan.
2. The proposed General Plan amendment will not have a significant affect on the
environment. The Negative Declaration prepared for the project is adequate.
THEREFORE, the Council of the City of Atascadero does resolve to approve General
Plan Amendment 98004 as shown on the attached Exhibit A.
000122
Resolution No. 1998-035
Page 2
On motion by and seconded by
,the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
o,
CITY OF ATASCADERO, CA
HAROLD L. CARDEN III, Mayor i
ATTEST:
MARCIA TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
000123
1:
1:1 • ' - t
i
... II lam► s
f
ORDINANCE NO. 352 ATTACHMENT G
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED
AT 10801 EL CAMINO REAL FROM PUBLIC TO
RESIDENTIAL MULTIPLE FAMILY
(ZC 98005; AUSD)
WHEREAS, the proposed zoning map amendment is consistent with the General Plan as
required by Section 65860 of the California Government Code; and
WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the
California Government Code concerning zoning regulations; and
WHEREAS, the proposed amendment 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 August 18,
1998 and has recommended approval of Zone Change 98005.
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 proposal is consistent with the General Plan Land Use Element and other
elements contained in the General Plan.
3. The proposal will not result in any significant adverse environmental impacts. The
Negative Declaration prepared for the project is adequate.
Section 2. Zoning Map..
Map number 23 of the Official Zoning Maps of the City of Atascadero on file in the City
Community Development Department is hereby amended as shown on the attached Exhibit A
which is hereby made a part of this ordinance by reference.
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 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.
000125
Section 4. Effective Date.
This ordinance shallo into effect and be in full force and effect at 12:01 a.m on the 31
g e st
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:
By:
HAROLD L. CARDEN III, Mayor
ATTEST:
1
MARCIA TORGERSON, City Clerk
APPROVED AS TO FORM:
ROY A. HANLEY, City Attorney
OOOJL26
EXHIBIT A
Zoning Ordinance Map
Ordinance 352
Zoning Ordinance Amendment#98005
10801 El Camino Real (AUSD)
1r�4NE_ /
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EXISTING DESIGNATION: Public(P)
NEW DESIGNATION:. Residential Multiple Family(RMF-16)
00012'7
C
ITEM NUMBER: C - 1
DATE: 10/13/98
5_5 ® 1979
City Manager's Agenda Report
Wade G. McKinney
Falcon Cable Franchise Agreement
RECOMMENDATION:
Council authorize the;:City Manager to send a letter to Falcon Cable indicating that the City will '•
extend the Franchise Agreement based upon the following conditions:
1. The cable television system is upgraded to a Hybrid Fiber, Coax, 750 MHz system with a
minimum of 72 channels. j
2. Falcon employs aconstruction coordinator to oversee the upgrade project with an emphasis
on cost containment and customer service.
3. Falcon notifies each affected subscriber before service is suspended as a portion of the
construction project.
DISCUSSION:
The current cable television franchise agreement expires in 2001. Many community members
have expressed dissatisfaction with the current system because of the number of channels and the
quality of the picture. Falcon has upgraded the system in the surrounding area improving both
channel selection and system quality. This has further frustrated the City residents. Because the
franchise agreement has only three more years, Falcon has been reluctant to invest the necessary
capital to upgrade the'!system.
The City's franchise agreement is non-exclusive,meaning another operator could service the
Atascadero market. However, alternate cable operators have indicated that Atascadero's market
is not strong enough to attract a second operator. The community of cable operators is small and
it is not likely that another operator would be willing to replace Falcon.
City staff has negotiated with Falcon Cable as directed by.Council and has reached an agreement.
The agreement is simply put; if Falcon upgrades its system the City would then extend the
franchise for ten year$. This guarantees the upgrade to City residents that they desire. It also
provides the'necessary assurances to Falcon so that they make the investment. Staff has also
discussed the construction project with Falcon and has agreed on several safeguards to protect
the community.
000128
ITEM NUMBER: C - 1
DATE:-1 0/13/98
A separate but dependent issue is PEG access. The City currently does not require PEG access in
the franchise agreement. The issue arose nationally after the initial franchise agreements were in
place. The City Attorney found in his research that the City cannot require PEG access as a
condition of renewal or extension unless we conduct.the renewal hearing process. The renewal
hearing process is a lengthy two stage formal process that provides renewal of the franchise
unless the City can make specified findings of inability to provide adequate service.
Falcon Cable is voluntarily willing to discuss the inclusion of PEG channels as part of the
extension. Consistent with the law,the City or ratepayers pay all costs of the PEG access. Cable
subscribers in the County pay an additional $.21 per month for PEG. These funds are placed into
a special account to pay to support the PEG system. PEG may be funded from the current
franchise fee. However,the current franchise fee is an essential element to the already strapped
General Fund. The franchise fee is designed to reimburse the City for the cost of having
Falcon's equipment in the public right of way. This includes wear and tear on the streets,the.
shortened life due to street cuts and construction work, and the necessary administration costs to
oversee the relationship. It would be a direct negative impact on the General Fund to divert
dollars to the PEG program.
1
Falcon Cable did conduct a survey at the request of the City to get general feedback regarding
PEG. This is not a scientific survey and should not be used to extrapolate percentage
approval/disapproval ratings across the customer base. The information is as follows:
Question 1: As a Cable Customer, would you be interested in PEG programming in
Atascadero?
Yes MUbebe No
78 58 286
Question 2: Would you be willing to pay for PEG with an additional $.21 per month?
Yes No
87 335
Customer comments from the survey are attached.
FISCAL IMPACT:
Falcon expects an increase of 10%of revenues. This would have a positive effect on the City's
5% franchise fee. However,these expectations may be optimistic. Customers who have already
moved away from Falcon would likely not come back as they have already made the necessary
capital outlay to use an alternate system. It should reduce the number of customers leaving the
Falcon system. If this scenario is true,there would likely be no increase in franchise fee as a
result of this action.
000129
ITEM NUMBER:--c - 1
DATE: 10/13/98
PEG would have a financial impact, either on the City or the ratepayers. Currently County
subscribers pay an additional $.21.
ALTERNATIVES:
1. The Council could initiate the formal renewal hearing process. This would be a complete
review of the franchise agreement. Staff does not have time budgeted for this project and
would be unable to appropriately implement it unless other City priorities are altered. Most
of the City priorities at this time cannot be avoided without future penalty. There are
consultants that.specifically work on these type of issues.. Staff has found general costs for
consultants in this area to range from$3,000 to $20,000. Staff time would still be required.
It appears that the likely outcome would be the system upgrade as is proposed in this report, ,
therefore staff has not recommended this alternative.
2. The Council could require Falcon to provide for PEG access. The Council would need to
determine the funding mechanism for PEG. There would be a negative financial impact by
adding PEG therefore staff did not recommend this alternative.
ATTACHMENTS:
1. PEG Access Survey for City of Atascadero
2. Falcon Cable Franchise Agreement
3. Summary of Rebuild Plan and 10-Year Franchise Extension Request
000130
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000131
ORDINANCE NO. 137
ORDINANCE OF THE CITY OF ATASCADERO
AENDING CERTAIN SECTIONS OF SAN LUIS
OBISPO COUNTY ORDINANCE NUMBER 1202 ,
ADOPTED DECE14BER 13 , 1971 , AND ADOPTED
BY THE CITY OF ATASCADERO JULY 21 1979
RELATING TO THE COMMUNITY ANTENNA TELE-
VISION SYSTEPI FRANCHISE IN ATASCADEP.O.
The Council of the City of Atascadero ordains as follows :
SECTION 1 . Section One of San Luis Obispo County Ordinance
Number 1202 adopted on December 13 , 1971 , is hereby amended to read
as follows :
Section 1 . A non-exclusive franchise to construct , operate ar�d
s
maintain a CATV System within the incorporated City boundaries of
Atascadero (hereinafter called the Area of Franchise) , is hereby
granted to Falcon Cable TV System Company (hereinafter referred to
as Grantee) , for an additional period of ten years from the date of
passage of this Ordinance until the year 2001 . The grant of non-
exclusive franchise shall vest in Grantee all of the rights and
privileges of, and shall. subject Grantee to each and all of the
provisions of Chapter 6 .48 of the San Luis Obispo County Code (Incor-
porated by Ordinance of the City of Atascadero July 2, 1979) , and
of this document, and in the event of any conflict between the
provisions of said Chapter 6 .48 and the provisions .. of this document ,
then the provisions of this document shall prevail.
SECTION 2. Section three of San Luis Obispo County Ordinance
No. 1202 adopted on December 13, 1971 , is hereby amended to read
as follows .
Section 3. All rates and charges for Cable TV Service over
which the City has jurisdiction now or hereafter under the rules
_ 000132.
r
and regulations of the Federal Communications Commission, shall
be expressed by Resolution of the Council.
Grantee shall provide CATV services to the City of Atascadero
and public schools without costs as follows
(1) Grantee shall provide one free CATV outlet and one free
monthly CATV subscriber service to each public school within the
Area of Franchise, and one free CATV outlet and free monthly CATV
subscriber service to the City of Atascadero.
(2) Grantee shall provide for the use of all public school
systems within the Area of Franchise and the City of Atascadero ex-
clusive use of one channel to be used by the public schools and the
City of Atascadero for informational purposes . Grantee shall: broad-
cast, at no expense to any of the said public schools in the City of�
Atascadero a teletex type system for public messages in an alpha
numeric format. As a condition of Grantee' s performance of the
services required by this sub-paragraph (2) shall be that the said
public school systems and the City of Atascadero make reasonable
efforts to coordinate their use of Grantee' s equipment and personnel
with Grantee to the end that Grantee' s business will not be sub-
stantially impaired. It is the intent of this Section to allow
for public access through the City of Atascadero and the public
schools within the franchise boundary to all non-profit organiza-
tions and civic groups , including churches , without reservation
as to content, subject only to the requirement of public information,
the resources of the Grantee and the proposed teletex system.
SECTION 3. Section Four of San Luis Obispo County Ordina*
Number 1202 is hereby amended to read as follows :
Section 4. Grantee shall pay to the City of Atascadero on or
000133
'before April 1 , of ich year the following fr; hise fees ,. based
upon gross revenues from whatever sources :
1986 3%
1987 4%
1988 et seq. 5%
Gross revenues shall mean any and all compensation and other
consideration collected or received or in any manner gained or
derived by Grantee from the operation of its CATV service within
Area of Franchise under this Franchise Grant.
SECTION 4. Section 20 shall be added to Ordinance No.
1202 of the County of San Luis Obispo as follows:
1
Section 20. Grantee shall extend a distribution line at
no cost to anv subscriber than usual connection fees in all
instances where there exists a single family residential or
subscriber density as follows:
(1) Forth or more single family residence connections
or subscribers per plant mile, as measured along
the path or route most reasonable for extension
of a distribution line.
(2) If adjacent to an existing distribution line, eight
or more single family residence connections or
subscribers per one thousand fifty six feet, as
measured along the path or route most reasonable
for extension of a distribution line.
If the Grantee is not required to extend a distribution line at
no cost to the subscribers pursuant to Subsection 1 and Subsection 2
of this Section, then Grantee shall extend a distribution line in
accordance with the Agreement set forth in Exhibit "A" attached to
this ordinance. Any person or persons. desiring CATV service within
the Franchise Area not subject to Subsection 1 or Subsection 2 of
this Section, shall enter into a written Reimbursement Agreement
to subscribe to Grantee CATV service and pay to Grantee, in advanAg)nl -IA
of construction of the said extension, a one time only premium
installation charge in accordance with the formula set forth in
Distribution Line Extension Policy attached to the Agreement as
Exhibit "B".
Pursuant to said Agreement, and this Franchise Agreement,
Grantee shall pay all refunds within thirty days of the close of
the years service to the subject distribution line extension. No
refund shall be made to those parties subscribing after the close
of the fifth year of service to the subject distribution line exten-
sion. In no event shall the aggregate amount of the refunds payable
hereunder exceed the premium installation charge paid by any sub- ' l
s
scirber.
SECTION 5 . The City Clerk shall cause this Ordinance to
be published once within fifteen days after its passage in the
Atascadero News , a newspaper of general circulation, printed, pub-
lished,* and circulated in this City in accordance with Government
Code Section 36933; shall certify the adoption of this Ordinance;
and shall cause this Ordinance and its certification to be entered
in the Book of Ordinances of this City.
SECTION 6 . This Ordinance shall go into effect and be
in full force and effect at 12:01 A.M. on the thirty=first (31st)
day after its passage.
The foregoing Ordinance was introduced on June 23 19869
and adopted at a regular meeting of the City Council held on
July 14 , 1986 0
AYES: COUNCILMEMBERS HANDSITY, MOLINA AND MAYOR MACKEY
NOES : COUNCILWOMAN BORGESON
ABSENT - COUNCILWOMAN NORRIS 000135
APPROVED AS TO CONTENT:
57
i5oyd..C.;1Sharita, City Clerk Mike Shelton, City Manager
APPROVED AS TO FORM:
Robert M. Jones , City Attorney Marjorie R. Mackey, Mayor �—
City of Atascadero
s
1
Y
00o13t;
EXHIBIT "A"
CABLE TELEVISION LINE EXTENSION AGREEMENT
WHEREAS,
the Applicant has applied for and received preliminary approval of
Cable Television extension, from Falcon Cable TV System Company and,
WHEREAS, the Applicant desires to obtain said cable television
line extension from Falcon Cable TV System Company for performance
of the requirements made a condition thereof,
NOW, THEREFORE, THIS AGREEMENT made and entered into this 14th
day of JULY 1986, by and between
of the City of Atascadero, State of California, hereinafter referred /
s
to as "Applicant" , and the Falcon Cable TV System Company, herein
referred to as "Company"
WITNESSETH:
In consideration of the mutual promises , agreements , covenants
and conditions set forth herein, and in consideration of said cable
television line extension, the parties hereto do hereby mutually
covenant and agree as follows :
1 . The applicant shall make payment in advance to Company for
the cost of construction of cable television line extension as out-
lined in Distribution Line Extension Policy, Exhibit B, and as shown
on the plans thereof as approved by the Company which are attached
hereto marked "Exhibit C", and incorporated by reference as though
fully set forth, to-wit:
00013'7
Payment referred to hereinabove is the amount of $
itemized as follows : P = ( N -40 )
The stated charges do not include the specified monthly service charge.
2. The payment to the Company shall be the total of the cost
estimate, as listed in Paragraph 1 above, to complete the cable
television line extension, including, but not limited to , the cost
of labor, materials , inspection, engineering, and administration.
3. Permission is hereby granted by Applicant to the Company,
or its authorized agent, to enter upon the land which is the subject ,
of cable television line extension for the purpose of inspection of
any an/or all of said improvement work to be constructed or installed
under this agreement.
s
4 . Upon completion of the cable television line extension, title
to the cable television distribution line extension shall vest in the
Company and shall constitute a portion of the Company' s overall distri-
bution system. The applicant shall however be entitled to reimbursements
t
in accordance with the following provision:
a. The applicant, shall up to five (5) years from the
date of signing the form agreement, be entitled to
a refund for each connection later made to the main
extension, based on the pro-rated cost as determined
for each subscriber per the line extension formula.
5. Neither party to this Agreement shall assign or transfer this
Agreement or any interest therein without the prior written consent
of the other party.
6 . Any waiver by Company of any failure by Applicant to comply
with any term or condition of this Agreement shall not be construed
as a waiver by Company of any similar or other failure by Applicant
0001:36
-2-
r
to comply with any term and condition.of this Agreement.
7. The following terms and conditions shall be met by Applicant
prior to start of construction
pursuant to this Agreement:
a. That applicant shall clear a right-of-way for
said cable television line extension to satisfac-
tion of Company, to include acquisition of permits ,
if required.
IN WITNESS WHEREOF the applicant and Company have executed this
Agreement on the day and year first hereinabove set forth.
l
APPLICAi1T
COMPANY: FALCON CABLE TV SYSTEM COMPANY
BY:
000139
EXHIBIT "Br"
DISTRIBUTION LINE EXTENSION POLICY
Grantee shall extend a Distribution Line at no cost to any
subscriber in all instances where there exists a residential or
subscriber density as follows :
(1) Forty (40) subscribers per mile as measured along the path
or route most reasonable to extension of a Distribution Line.
l
(2) If adjacent to an existing Distribution Line, eight or
more subscribers per One Thousand Fifty Six Feet (1056) , as measured
along the path or route most reasonable for extension of a Distribution
Line.
If Grantee is not required to extend a Distribution Line at no
cost to subscribers , then Grantee shall extend a Distribution Line
in accordance with the formula set forth below, but in only those
tt rr tr rt " rr` " it rr It
when each of the factors P1 P2 , P3 J. P4 , and P5
are greater than zero. The person or persons desiring CATV service
shall enter into written agreements to subscribe to Grantee' s CATV
service and pay to Grantee, in advance of construction of the said
extension, a one time only premium installation charge in accordance
with the formula set forth below:
DISTRIBUTION LINE EXTENSION FORMULA
P1 (N -47U)
P2 (N1 40)
(A _ B)
P3 (N2 4-6
P4 (N3-4-6
P.. = (AB)
D (94-4-6). 000140
-1-
Where:
P1 = premium installation charge per subscriber for all
parties subscribing prior to commencement of CATV
service to the subject Distribution Line Extension
and for the first twelve (12) months thereafter.
P2 = premium installation charge per subscriber for all
parties who commence subscription for CATV service
during the second year service is available on the
subject Distribution Line Extension, but never to
exceed P1 .
P3 = premium installation charge per subscriber for all
r
parties who commence subscription for CATV service
during the third year service is available on the
subject Distribution Line Extension, but never to
exceed P2.
P4 = premium installation charge per subscriber, for all
parties who commence subscription for CATV service
during the fourth year service is available on the
subject Distribution Line Extension, but never to
exceed P3.
P5 = premium installation charge per subscriber for all
parties who commence subscription for CATV service
during the fifth year service is available on the
subject Distribution Line Extension, but never to
exceed P4 .
A = actual cost in labor and materials to construct
Distribution Line Extension.
-2- 000141
B = $11 ,377. 00 per mile or an amount approved by the
County Engineer as hereinafter provided.
N = original number of parties agreeing to subscribe
prior to the commencement of service to the subject
Distribution Line Extension.
N1= number of subscribers on the subject line extension
on the last day of the first year of service to the
Distribution Line Extension.
N2= number of subscribers on the subject line extension
on the last day of the second year of service to the
Distribution Line Extension.
1
N3= number of subscribers on the subject line extension
on the last day of the third year of service to the
Distribution Line Extension.
N4= number of subscribers on the subject line extension
on the last day of the fourth year of service to the
Distribution Line Extension.
Premium installation charges are in addition to the monthly service
charges and installation charges established by the Resolution. No
premium installation charge shall be made to any party who subscribes
after the close of the fifth year of CATV service in the extended
service area. No premium installation charge shall be made to a new
subscriber where all previous subscribers have been totally reimbursed
for the premium installation charges they have paid.
At one year intervals for a period of three years after commencement
of service in the extended service area, Grantee will review the number
of subscribers receiving: -,service from such Distribution Line Extension
-3- 000142
for which a premium installation fee has been charged and make
refunds to those subscribers in the extended service area at the
close of the previous year if there has been any increase in the
number of subscribers Said refunds shall be calculated in accordance
with the following formulas :
R = P _ (A B)
1 1 (N1-40)'
R2 (p2 (A B N 40) ( '8)
2
R3 = (P2 B) ( .6)
N3 40
R4 = (P2 - (A - B) ( .4)
N 4 ' 40 1
R5 (P2 (N 54-9) ( '2)
Where:
R1 = first year' s refund is payable to each subscriber
on the subject Distribution Line Extension at the
close of the first year's service to the Distribution
Line Extension.
R2 = second year' s refund is payable to each subscriber
on the subject Distribution Line Extension at the
close of the second year' s service to the Distribution
Line Extension.
R3 = third year' s refund is payable to each subscriber
on the subject Distribution Line Extension at the
close of the third year' s service to the Distribution
Line Extension.
R4 = fourth year' s refund is payable to each subscriber
000143
on the subject Distribution Line Extension at the
close of the fourth year' s service to the Distribution
Line Extension.
R5 = fifth year' s refund is payable to each subscriber
on the subject' Distribution Line Extension at the
close of the third year's service to the Distribution
Line Extension.
P1 = initial and first year premium installation charge as
y
calculated pursuant to the Distribution Line Extension
Formula.
P2 = second year premium installation charge as calculated
pursuant to the Distribution Line Extension Formula.
P3 = third yearpremiuminstallation charge as calculated
pursuant to the Distribution Line Extension Formula.
P4 = fourth year premium installation charge as calculated
pursuant to the Distribution Line Extensidn Formula.
P5 = fifth year premium installation charge as calculated
pursuant to the Distribution Line Extension Formula.
A = actual cost in labor and materials to construct Distribution
Line Extension.
B = $11 ,377.00 per mile or an amount approved by .the City
Engineer as hereinafter provided.
N1 = number of subscribers on the subject Distribution Line
Extension on the last day of the first year of service
to the Distribution Line Extension, not to exceed forty (40) .
N2 = number of subscribers on the subject Distribution Line
Extension on the last day of the second year of service
to the Distribution Line Extension, not to exceed forty (40) .
N3 = number of subscribers on the subject Distribution Line
Extension on the last day of the third year of service
to the Distribution Line extension, not ;to exceed forty (40)
N4 = number of subscribers on the subject Distribution Line
Extension an the last day of the fourth year of service
to the Distribution Line Extension, not to exceed forty (40) .
N5 = number of subscribers on the subject Distribution Line
Extension on the last day of the fifth year of service
to the Distribution Line Extension, not to exceed forty (40) .
Grantee shall be responsible for providing documentary evidence
to the City Engineer supporting any change in constant "B" in the
formulas set forth above. The constant "B" shall not be changed withou
prior approval of the Cit Engineer. In no event
Y g shall such change
in constant "B" affect any premium installation charge or reimbursement
for Distribution Line Extensions which commenced or ,completed construc-
tion prior to the change in constant "B".
In the event that Grantee includes equipment or facilities or
capacity in or on the Distribution Line �Extension in excess of that
needed to provide the type and level of :service prevailing in the
franchise area wherein the extension is being accomplished, -then
Grantee shall bear the full cost of the same and no charge shall be
made to any subscriber for such excess equipment, facilities , or
capacity.
At any time that the actual cost in labor and materials to
construct a Distribution Line Extension (A) exceeds the constant
"B" of $11 ,377.00 per mile or an amount approved by the City Engineer,
Grantee shall submit to the City Engineer documentary evidence
supporting the said actual cost of construction.
Grantee shall report to the City Engineer the particulars of
the various charges , costs and expenses to subscribers on each line
extension implemented hereunder.
1
,
-7-
EXHIBIT. "C" r
PROJECT NAME DISTRIBUTION LINE EXTENSION FORMULA
End End End End End
Original Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL
(A) Actual Cost A A A A A A
(N) # of Subs N N1 N2 N3 N4 N5
B _11000
4 0 - U ,
Install Cost
(P) - sub. P P1 P2 P3 P4 P5
Install Cost
- TOTAL
1
Refund per
(R) sub R1 R2 R3 R4 R5
Total Refund y
Total Cost
to Customer
Total Cost
to Co.
DISTRIBUTION LINE EXTENSION FORMULA REFUND FORMULA
P1 (N 4U) R1 P1 (N 1 47U)
P2 (vl 4-') R2 (P2 (N2 4b) ( .8)
(A B)
P3 (N2 4U) R3 - (P2 (N -40) ( '6)
( A B) 3
P4 - (N3-4U) R4 = (P2 - (N 4-
4B ( .4)
P5 (N -4-U)
4 (N5-4U) ( '2)
00014'7
FALCON CABLE TV SYSTEM COMPANY
LINE EXTENSION ESTIMATE
Name of Project
Boundaries of Project:
Number of Passings :
Underground Footage:
Overhead Footage:
Total Footage:
Number of Poles :
Number of Signed Agreements : t
i
N - 11- 77 = P
40
Material Total
(Includes tax and freight)
Labor
In house (Includes OH @ 100%) Contractor
TOTAL
Engineering
In house (Includes OH @ 100%) Contractor
Telephone Power
Other (Explain) TOTAL
TOTAL COST (A)
SUMMARY OF REBUILD PLAN AND 10-YEAR FRANCHISE EXTENSION REQUEST r
Falcon Cable TV's existing franchise with the City of Atascadero will expire in 2001. The
demand from the local consumers is for more cable television programming, and improved
signal quality. This can be achieved by rebuilding the existing cable system in the City,
however with only 3 years left on the current franchise Falcon could not invest the estimated 4
million dollars for this project without the security of a longer term agreement.Falcon is asking
the City to extend the current franchise agreement for 10 more years, and Falcon will rebuild
the City's cable system to a state-of-art telecommunications system with a minimum of 72
channels of programming. The planned completion date of the rebuild is December 1999.
THE "EXISTING"SYSTEM
The current cable system in the City is over 20 years old, with out-dated equipment, and out-
dated technology. This system has a capacity of 300 megahertz (MHz), which means it can
only carry a maximum of 36 analog television channels. It is designed and built with the old
technology of the "Trunk-Tree" coaxial system, which utilizes a cascade, or series of
amplifiers. These cascades of amplifiers are up to 32 in series, and are like links in a chain, if
one fails every customer beyond that point is out of service. The amplifiers also produce noise
and distortions that multiply in effect through the long cascades.
i
THE 'NEW"SYSTEM
The new system rebuild will be an HFC (Hybrid Fiber, Coax), 750 MHz, two-way capable
state-of-art telecommunications system. HFC systems utilize fiber optic cables to feed "nodes"
(or hubs) within the community that represent clusters of 500 homes. From these "nodes"
coaxial cables distribute the signal to the homes, schools, and businesses. Amplifier cascades
are kept to a minimum of only 4. We will utilize stand-by power supplies at the "nodes" to
keep the system operating during commercial power failures. The 750 MHz capacity will
support 80 analog television channels, with additional capacity for over 500 "Digital" television
signals, and two-way capability to provide future data and multi-media services.
ECONOMIC AFFECT OF THE REBUILD
We have estimated the cost of the rebuild at 4.2 million dollars. Nearly half of this cost will be
for Labor. The people working on this project will be a mix of outside professional contractors
and locally hired personnel. Most of their income will be spent here in the City, during this
project, on lodging, rent, food, gas, entertainment, etc. The other half of the costs will be in
material, mainly fiber optic & coaxial cable, connectors, amplifiers, and electronics.
During 1995 - 1996, Falcon rebuilt the cable system in San Luis Obispo County to an HFC,
750 Mhz system. Locally based contractors and vendors received over $600,000 in business
directly related to the rebuild project. Some of these vendors were; Mc Namara Electric,
Decou Lumber, Poor Richards Press, Best Western Colony Inn, B&H Communications, Thoma
Electric, The Timber Smith, Kahler Construction, Vikimatic Sales, and Taylor Rentals.
With the addition of new programming service packages and options, we expect an increase
of nearly 10% in average revenue. This will also provide an increase in franchise. fee revenue
to the City. Falcon pays the City 5% of its total gross revenue annually in franchise fees.
000149
ITEM NUMBER: C - 2
DATE: 10/13/98
e e® AM
Iola ® I 8
City Attorney's Agenda Report
Roy A. Hanley
Wil-Mar Disposal Request for Approval of
Stock Merger with U.S.A. Waste Management
RECOMMENDAiTION:
The City Council authorize the Mayor to execute the proposed Amendment One to the Solid
Waste Collection Franchise Agreement, thereby consenting to the assignment of the franchise for
solid waste collection from Atascadero Waste Alternatives, Inc. to USA Waste of California, a
Delaware Corporation whose parent company is Waste Management Inc. 1
DISCUSSION:
Background: This matter came before the council the council on September 22, 1998. At that
meeting the council heard from the proposed franchise assignee, from representatives of Chicago
Grade Landfill, and from concerned members of the public. The main topic of concern was the
delivery by the Franchisee to Chicago Grade Landfill. This issue is framed in more than one
context. One issue is the desire of the Council to have solid waste delivered to a landfill which
collects the San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management
Program Fund Fee.Atascadero is a member of the Integrated Waste Management Association.
This is the program by which the City is complying with its responsibilities under AB 939.
Analysis: AB 939, amongst other things, mandates that the City of Atascadero achieve specified
goals in the areas of recycling. The City of Atascadero is currently exceeding the minimum
requirements of AB 939. To the extent that the tipping fees mentioned above benefit the IMWA
the fees also benefit Atascadero. The proposed franchisee has suggested contract language that
mirrors the language used by the County of San Luis Obispo in regards to protecting the City's
interest in the landfill!choices of the franchisee.
The proposed amendment to the franchise contains several points of consideration. The proposal
does mirror the language in the San Luis Obispo County contract. The proposal does not require
the franchisee to continue to use Chicago Grade Landfill. Under the terms as proposed, the
franchisee is free to 1 change landfills under paragraph 13E so long as the Franchisee makes
monthly payments tothe City's then designated Trust Fund and Site Fund. Atascadero will have
the right to designate;the landfill site according to paragraph 13H..
000150
E
ITEM NUMBER: C - 2
DATE: 10/13/98
Paragraph 13H as proposed allows the City to designate a landfill site in the future. In the event
that the franchisee wants to change landfills, it does have to pay the tipping fee losses to the
designated fund. The City will be able to make a choice regarding direction of landfill use at that
point in time. The contract amendment would allow the City to direct, but the direction comes
with potential risks. The contract states the in the event City designates a location for delivery of
solid waste,the City will hold the franchisee harmless. In the absence of the designation, the City
is not required by contract to hold the franchisee harmless.
A designation by the city of a landfill site also poses potential liability issues. Without attempting
a 12 page dissertation on CERCLA, it is safe to say that the law attempts to set up a scheme
whereby liability for clean up costs follows ownership of the solid waste. The previous city
attorney attempted to draft the existing franchise in such a way as to minimize the Municipal
exposure to ownership of the solid waste. Actual designation of a site, increases the likelihood of
the Municipal body having ownership, and therefore the liability. The amendment as proposed
postpones any decision of the City to designate the site for delivery of solid waste and therefore
preserves the ability of the City to designate upon a fully informed basis in the future without
increasing the City ownership of the solid waste at this time.
1
Conclusion: This proposed amendment to the franchise agreement allows the city to substitute a
more financially sound franchisee, and because of the agreement of the proposed assignee gives
the City more authority to direct delivery of solid waste than it currently has. This is
accomplished without significantly increasing the chances that the City owns the solid waste.
The proposal does not specifically protect the Chicago Grade Landfill and does not specifically
address the ability of the current owners of the landfill to remain in business. This is an issue that
will bear continual evaluation to protect the City as a municipal corporation and to.protect the
citizens as well. This council has expressed a desire to maintain the ability to protect the interests
of the citizens, and this proposal moves towards that goal.
FISCAL IMPACT:
None. Although an argument could be made that the improved financial status of the operator
lessens.the likelihood of City responsibility for cleanup.
ALTERNATIVES:
The City does not have to sign the amendment. This alternative is not suggested because the City
cannot unreasonably refuse an assignment of the contract and this proposal adds to the City
ability to deal without site selection without substantially increasing exposure to the City. The
City could ask that the Chicago Grade Landfill be designated as the delivery site. This alternative
is not suggested because the designation carries increased risks with no commensurate benefits to
the City nor its citizens as such.
000151
ITEM NUMBER:-C - 2
DATE: 10/13/98
RESPONSIBLE DEPARTMENT: City Attorney
ATTACHMENT:
9-25-98 correspondence and proposed Amendment Number One To The Solid Waste Collection
Franchise Agreement.
i
000152
5tP— —1998 1731 JCHNZ 209 577 1038 P.01/04
JONES, COCHRANE, HOLLENBACK
Na SON & ZUJMWALT, LLP
Jack R.Jones* ATTowsmYs AT LAW IArsa Code 209)
Kenneth C. Cochrane*• Telephone 577-8180
John J.NbBenback, Jr.*• (Originally Founded as Griffin&Boone,1888) Telecopler 577-1038
Gary C.Nelson Mailing Address:
Frank T. Zumwalt P. d. Box 3209
819 — 10th Street Modesto, CA 85383-3208
Darla L Leverett MODMTO, CALIFORNIA
`Cwbf»d SMCdwst.webate,
Estee rianNnp It Tnists
••CerMied SpechdK Fsmft Lary
September 25, 1998
VIA 1EI.FCOPIER and [c�7.S. MAIL
(805) 461-0606
i
Roy Hanley,City Attorney
City of Atascadero
6500 Palma Avenue
Atascadero,CA 93422
Enclosed is a draft of the Franchise Amendment that we discussed. Please contact me
to discuss any comments regarding the draft.
AMENDMENT NUMBER ONE TO THE
SOLID WASTE COLLECTION FRANCHISE
AGREEMENT
Thank you for your attention to this mater.
Very truly y rT F'R.ANK T.
FTZ:rr
Enclosures
00015:3
SEP-25-1998 17:32 JCHNZ 289 577 1038 P.02iO4
AMENDMENT NUMBER ONE TO THE
SOLID WASTE COLLECTION FRANCHISE
AGREEMENT
Whereas a Solid Waste Franchise Agreement was made and entered into on the I st day of
May, 1996,by and'between the City of Atascadero,a political subdivision of the State of
California,hereinafter called"City", and Atascadero Waste Alternatives,Inc., a California
Corporation,hereinafter called"Franchisee", and approved by a Resolution of the City Council;
and
Whereas Franchisee nWe an application to the City Council for consent to a change in
ownership to LISA Waste of California,a Delaware Corporation whose Parent Company is
Waste Management Inc.,hereinafter called"USA/WMI",pursuant to the Assignment provision,
section 12,of the Agreement,which application was heard and considered after due notice on
September 22, 1998 by the City Council Members;and
Whereas the Council directed staff to prepare an amendment to the Franchise Agreement
in consideration of approval of the requested change in ownership to USA/WMI;
0
Upon the executive date of the Council's approval of the Assignment request of
Franchisee,it is muttWly agreed that section 13 entitled"Direction to Landfill"is modified as
follows:
" 13.Disposal and Processing Requirements. 1
A) Franchisee shall dispose of all solid waste and recyclables collected under
this Agreement at Franchisee's own expense and in accordance with all Federal,State and local
laws,rules,and regulations. Franchise shall be solely responsible for securing an appropriate
location for disposal of all solid waste and processing of all recyclables collected by Franchisee
pursuant to this Agreement.
13) Franchisee shall secure within 90 days of the effective date of this
Agreement,sufficient disposal site capacity commitment including landfill disposal site capacity
to adequately serve the reasonably anticipated solid waste disposal needs of Franchisee's
customers. City reserves the right to review said disposal capacity commitments.
C) If Franchisee receives notice from the landfill operator or recyclables
processor or otherwise finds,during the term of the Agreement,to be prevented from delivering
solid waste or recyclables to the designated site,Franchisee shall immediately notify, in writing,
the City Manager,stating the reason(s)Franchisee is prevented,or expects to be prevented, from
delivering solid waste or recyclables at the designated facility. Franchisee shall expeditiously
identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for
and secured by Franchisee.
D) The parties understand and agree that City intends to commence and
participate in waste diversion and resource recovery programs pursuant to regional and/or local
implementation of the California Integrated Waste Management Act of 1989, or such other
programs as may be established by County.
000154
SEP-25-1998 17:32 JCHNZ 209 577 1038 P.03iO4
E) Franchisee shall deliver all solid waste to any landfill which collects the
San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund
Fee,pursuant to Board of Supervisors Resolution No.90-383. If the Franchisee delivers solid
waste to a landfill which does not collect the County Fee Surcharge and Wast Management
Program Fund Fee,the Franchisee will make,on a monthly basis,the equivalent payment directly
to the City's then designated Waste Management Tipping Fee-AB 939 Trust Fund and Waste
Management Tipping Fee Tiust-Site Fund.
F) Payment of the equivalent fees shall be made to City within thirty(30)
days after the end of each calendar month,or prorated portion thereof,in which the Franchisee
delivers waste to an alternate facility. In the event that Payment is not received by City within
thirty(30)days after the date specified,then Franchisee shall pay a penalty of ten(10)percent on
the outstanding balance,and Franchisee shall also pay to City interest on the outstanding balance
at a rate often percent(106/Q)per annum,or the maximum legal rate of interest,whichever is
greater,from the date of Franchisee's failure to pay.
G) As of September 1, 1999,the Tipping Fee Surcharge for the County Fund
#0159 is$3.00 per ton and the Waste Management Program Fund Fee for County Fund#0160
is$0.40 per ton. Payments shade by the Franchisee shall be sent to the City Manager along with
an itemized statement regarding how the payment was calculated. Payments shall be adjusted to
reflect any future changes in the amount of these fees.
W Franchisee hereby agrees to dispose of all or a portion of the solid waste or
recyclables collected pursuant to this Agreement in such manner as may be reasonably designated
by City. In the event that City designates a different manner of;or location for,processing or
disposal of solid waste or recyclables than anticipated in this Agreement, City shall defend,
indemnify and save harmless Franchisee, its,officers,agents and employees from any and all
claims,demands, damages,costs,expenses(including attorney's fees),judgments or liabilities
arising out of,or connected with the manner,or location for processing or disposing of the solid
waste,as designated by the City.
I) in the event the Franchisee's costs decrease or increase as a result of City
designating a different manner of, or location for,processing or disposal of solid waste or
recyclables than anticipated in this Agreement,either Franchisee or City may request an
adjustment in collection rates which adjustment shall be effective at the time the designated
manner of disposal begins. City will not unreasonably deny any such adjustment. In the event
Franchisee receives any additional compensation for the value,if any,of the solid waste or
recyclables disposed of in such a manner, such compensation shall be considered in connection
with future rate adjustments.
Page-2
000155
SEP-25-1998 17:32 JCHNZ 209 577 1038 P.04/04
The effective date of this agreement shall be October 1998. The parties hereto have
caused this Amendment Agreement to be executed by their respective authorized representatives.
CITY OF ATASCADERO
by
Harold L Carden HI,Mayor
ATASCADERO WASTE ALTERNATIVES,INC
by _.
Thomas R. Walters,President
USA WASTE OF CALIFORNIA,INC
by
Jeff Jones,Manager,Business Development
Page-3
water:Agreement nraffi l
TOTAL P.04
0001S9
i
ITEM NUMBER: C - 3
■ r:o �;® fi DATE: 10/13/98
Isis ® 1979
City Manager's Agenda Report
Wade G. McKinney
Information Bulletin
A. Criminal Justice Occupations Class
The City Council, in its strategic plan, identified a youth program in the Police Department as an
issue. The Council was supportive of the cadet/reserve program in the Fire Department and
wanted to develop a similar program in the Police Department.
The Police Department recognizes the youth in the community to be a valuable potential resource
for meeting future staffing needs for law enforcement. Education and other positive contacts with /
youth also help in developing long term positive relationships.
The Police Department has investigated a Police Cadet program that would acquaint two young
adults with law enforcement by providing a meaningful source of employment. The Cadet
Program proved to not be economically feasible within the City's current fiscal constraints. The
Department has explored another option that would accomplish similar goals and reach more
youths while costing far less
The Santa Lucia Regional Occupational Program (ROP), in conjunction with Paso Robles Police
Department has developed a curriculum offered to high school juniors and seniors as an elective
course. The two-semester course is designed to introduce students to various law enforcement
occupations through lecture, directed study, guest speakers, team projects, field trips and other
means. The class is in its first year and has twenty-one (21) students.
A similar program it Atascadero would be beneficial to the community. The program would
offer an opportunity for officers to gain teaching experience, develop long-term relationships
with students and enhance the public image of the Atascadero Police Department and other law
enforcement occupations. The students would learn about issues facing law enforcement in
general and how to prepare themselves for different law enforcement career opportunities
B. EMPLOYEg UPDATE
Pat Schulz I Office Assistant II Hired 09/14/98
Carrie Peterson P/Time Scorekeeper Hired 09/17/98
Chris Hoffman I P/Time Recreation Leader Hired 09/18/98
Steve Decamp City Planner Separated 09/25/98
Judith Lautner Temporary Associate Planner Hired 09/29/98
James Henry > P/Time Recreation Leader Separated 09/29/98
00015'7