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Agenda Packet 12/08/1998
MEMORANDUM OF UNDERSTANDING BETWEEN THE LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER AND CITY OF ATASCADERO JULY 11 1998 TO JUNE 30, 1999 000084 MEMORANDUM OF UNDERSTANDING LOCAL 620 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER JULY 1, 1998 THROUGH JUNE 30, 1999 TABLE OF CONTENTS ARTICLE I-GENERAL PROVISIONS.....................................................................................1 SECTION 1.1 PREAMBLE..................................................................................................................................1 SECTION1.2 RECOGNITION...............................................................:..............................................,.............1 SECTION1.3 SEVERANCE................................................................................................................................1 SECTION 1.4 SOLE AGREEMENT....................................:................:..............................................................2 SECTION 1.5 FULL FORCE AND EFFECT....................................................................... ..............................2 SECTION 1.6 GENERAL PROVISIONS....................................................................................2 ARTICLE II-RESPECTIVE RIGHTS........................................................................................2 SECTION2.1 UNION RIGHTS...........................................................................................................................2 SECTION2.2 CITY RIGHTS................................................................................................................................4 SECTION 2.3 PEACEFUL PERFORMANCE...............................................................................5 SECTION 2.4 RESPECTIVE RIGHTS.......................................................................................5 ARTICLE III-HOURS OF WORK AND OVERTIME.... .............. ....5 SECTION 3.1 HOURS OF WORK................ ....... .....5 SECTION3.2 OVERTIME...................................................................................................................................6 SECTION 3.3 CALLBACK...................................................................................................6 SECTION3.4 STANDBY TIME..............................................................................................:...........................7 SECTION 3.5 PATCHING/PAVING WORK...............................................................................7 ARTICLE IV-PAY PROVISIONS.............................................................................................7 SECTION4.1 SALARY........................................................................................................................................7 SECTION 4.2 EDUCATION INCENTIVE PAY.................................................................................................9 SECTION 4.3 RETIREMENT.......................:...........................................................:..........................................9 SECTION 4.4 SICK LEAVE/STAY WELL PLAN..............................................................................................9 SECTION 4.5 VACATION LEAVE...................................................................................................................10 SECTION4.6 HOLIDAYS.................................................................................................................................10 SECTION 4.7 BEREAVEMENT LEAVE..........................................................................................................11 .SECTION 4.8 MILITARY LEAVE....................................................................................................................11 SECTION4.9 WORK GLOVES.........................................................................................:....:.........:................11 SECTION4.10 WORK SHOES...........................................................................................................................11 SECTION 4.11 SAFETY GLASSES..........................................................................................11 SECTION 4.12 COMPUTER PURCHASE.....................................................................:............11 ARTICLE V-HEALTH AND WELFARE.................................................................................11 SECTION 5.1 MEDICAL AND DENTAL INSURANCE COVERAGE...........................................................11 SECTION5.2 UNIFORMS.................................................................................................................................12 SECTION5.3 PROBATION..............................................................................................................................12 ARTICLE VI-CLOSING PROVISIONS...................................................................................12 SECTION 6.1 COMPARATIVE SALARY AND BENEFITS.........................................................12 SECTION6.2 TERM..........................................................................................................................................12 SECTION6.3 SIGNATURES.............................................................................................................................13 000085 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 Local 620 Service Employees International Union Atascadero Chapter,hereinafter referred to as the "Union"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 Union agree that the provisions of this MOU shall be applied equally to all employees covered herein without favor or discrimination because of race,creed,color,sex,age,national origin,political or religious affiliations or association memberships. Whenever the masculine gender is used in this MOU,it shall be understood to include the feminine gender. SECTION 1.2 RECOGNITION a. The City of Atascadero recognizes the Union as the recognized and exclusive representative for the following classifications: • Building Inspector I • Equipment Operator • Admin Secretary • Building Inspector II • Planning Technician • Building Technician • Building Maintenance Specialist • WWTP Operator I • Finance Technician • Engineering Technician I • WWTP Operator II • Public Works Technician • Engineering Technician II • WWTP Operator III Maintenance Leadworker • WWTP Operator in Training • Maintenance Worker I • Account Clerk I • Office Ass't I • Maintenance Worker II • Account Clerk II • Office Ass't II • Office Ass't III • Secretary 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 Union 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 Union 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. SEIU MOU 1998/99 Page 1 000086 SECTION 1.4 SOLE AGREEMENT a. The City and the Union agree that to the extent that any provision addressing wages,hours,and terms and conditions of employment negotiable under the Meyers-Milias-Brown Act found outside this MOU and are in conflict thereof, this MOU shall prevail. b. If,during the term of the MOU,the parties should mutually agree to modify,amend,or alter the provisions of this MOU in any respect,any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Union. 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 Union. SECTION 1.6 GENERAL PROVISIONS The parties agree to meet and confer with respect to any subject or matter within the scope of representation upon request. Provided,however,that any changes which fall within the scope of representation shall be by mutual agreement. Except asset forth in this Memorandum of Understanding, and unless the Union agrees to reopen negotiations on a particular bargaining subject,the parties agree that there shall be no changes during the life of this MOU in the wage rates,benefits,or other terms and conditions of employment subject to the meet and confer process. In the event any new practice,subject or matter arises during the term of this agreement which is within the scope of representation and an action is proposed by the City,the Union shall be afforded all possible advance notice and shall have the right to meet and confer upon request. In the case of an emergency and,in the absence of an agreement on such a proposed action,the City reserves it's lawful management rights to take any action(s)deemed necessary and the Union reserves its rights to take any lawful action deemed necessary. ARTICLE H-RESPECTIVE RIGHTS SECTION 2.1 UNION RIGHTS The Union shall have the following rights and responsibilities: a. Reasonable advance notice of any City ordinance,rule,resolution,or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. b. Reasonable use of one bulletin board at each work site for employees covered by this MOU. c. The right to payroll deductions made for payments or organization dues and for City approved programs. Any employee who commences Union dues deductions during the term of this MOU,shall continue such dues deduction 0 SEN MOU 1998/99 Page 2 000087 for the balance of the term of the MOU,unless the employee gives the proper notification to the Union to withdraw from dues deduction during the month of March. d. The use of City facilities for regular,normal and lawful Union 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 Union 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. f. The City will give reasonable notice to the Union if it intends to contract out the functions currently performed by employees within the Unit. Upon request,the City will meet with the Union to explain the reason for the decision to contract out and to solicit Union views on the proposal. Nothing in this Section shall be construed to limit the rights of the City Council to contract out work in its sole discretion. f. Agency Shop/Fair Share. 1. Agency Shop/Fair Share Agency Shop/Fair Share as used in this section means an organizational security agreement as described in Government Code Section 3502.5 and applicable law. 2. Approval by Election: The Union shall have the right, once during the term of this M.O.U., to call for a secret ballot election to determine whether unit members will approve an Agency Shop/Fair Share agreement. 46 Thearties agree that the election, if requested, will be conducted b the State Mediation& Conciliation P �' Y Service,(SMCS). It is further agreed that at least sixty-six percent(66%)of eligible unit members must vote in the election in order to validate the election. If less than sixty-six percent(66%)of eligible unit members cast ballots in the election,the parties agree the election shall not be valid and the ballots shall not be counted. If sixty-six percent(661/o)or more of eligible unit members cast ballots in the election,the parties agree that the election is validated and the results shall be certified by the SMCS. A simple majority of fifty-percent (50%)plus one,of those actually voting,shall determine the question. The City agrees to remain neutral in any such election and to refrain from dissemination.of any notices or materials not specifically required by the election agreement. The Union shall bear any mutually agreed upon costs of conducting the election. 3. Implementation Provisions: Commencing within thirty(30)days of the State Mediation&Conciliation Service's certification of an approval of an Agency Shop/Fair Share election results,each unit employee shall be required to:a)become a member in good standing of the union;or,b)satisfy the agency fee financial obligations set forth below,unless he/she qualifies for the religious exemption set forth in subsection D below. The City shall notify the union when employees are newly assigned into the unit. The notice shall include the employee's name,Department and division and the date of entry into the unit. Employees transferred or hired into the unit subsequent to the effective date of an Agency Shop/Fair Share approval shall have thirty days from the date of their entry into the unit to comply with its terms. SEN MOU 1998/99 Page 3 000088 Unless a unit employee has: a) voluntarily submitted to the City an effective dues deduction request; b) individually made direct financial arrangements satisfactory to the Union as evidenced by notice of the same from the Union to the City;or c)qualified for exemption upon religious grounds as provided below,upon notice from the Union the City shall process a mandatory agency fee payroll deduction in the appropriate amount and forward that amount to the Union. The amount of the fee to be charged shall be determined by the union subject to applicable law, and shall therefore not exceed the normal periodic membership dues,initiation fees,and general assessments applicable to union members. As to"core"fee-payers,the agency fee charged shall not reflect expenditures which the Courts have determined to be non-chargeable. The union shall comply with applicable law regarding disclosure and allocation of its expenses and notice to employees of their right to object and pay only the"core fee". The Union shall make available an administrative appeals procedure to unit employees who object to the calculation of the"core fee". Such procedure shall provide for an impartial decision by a representative of the State Mediation&Conciliation Service(SMCS). Such appeals may be consolidated and shall be heard not less often than once per year. A copy of such procedure shall be made available upon request by the Union to unit employees. The City shall promptly remit to the Union all monies deducted under this Article,accompanied by a list of employees for whom such deductions have been made. The City shall make every reasonable effort to distribute to each new employee in the unit a letter, supplied by the union,which describes the agency fee obligation. Any of the above-described payment obligations shall be processed by the City in the usual and customary manner and time frames utilized for dues deductions. Employees on an unpaid leave of absence or temporarily assigned out of the unit for an entire pay period or more shall have agency shop fees suspended. Fee deductions shall have the same priority as dues deductions in the current hierarch for partially compensated pay periods. 4. Religious Exemption from Agency Fee Obligations a) Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to meet the above agency fee obligations,but shall pay be means of mandatory payroll deduction an amount equal to the agency fee to a non- religious,non-labor charitable organization exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code,as designated by the employee from a list provided by the Union showing authorized deduction agencies as agreed upon between the City and the Union. b) To qualify for the religious exemption the employee must provide to the Union,with a copy to the City, a written statement of objection,along with verifiable evidence of membership in a religious body as described above. The Union will implement the change in status within thirty days or alternatively,notify the employee and the City that the requested exemption is not valid. 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 dutybecause of lack of work SEW MOU 1998/99 Page 4 000089 or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, staffing and personnel by which governmental operations are to be conducted; determine the content of job. classifications;take all necessary actions to carry out its mission in emergencies;exercise complete control and discretion over its organizations and the technology of performing its work;provided,however,that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage,hours and other terms of employment. SECTION 2.3 PEACEFUL PERFORMANCE a. The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health,safety and general welfare of the residents of the City of Atascadero. Union agrees that under no circumstances will the-Union recommend,encourage, cause or promote its members to initiate,participate in,nor will any member of the bargaining unit take part in,any strike,sit-down,stay-in,sick-out,slow-down,or picketing(hereinafter collectively referred to as "work-stoppage) in any office or department of the City, nor to curtail any work or restrict any production,or interfere with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit,the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work stoppage has ceased. b. In the event of any work stoppage,during the term of this MOU,whether by the Union or by any member of the bargaining unit,the Union 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 Union promptly and in good faith performs the obligations of this paragraph,and providing the Union has not otherwise authorized,permitted or encouraged such work stoppage,the Union 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. SECTION 2.4 RESPECTIVE RIGHTS The parties agree that during the term of this agreement, upon a request by either party, they shall reopen negotiations on changes to the Personnel Rules and Regulations. Provided,however,that the City shall not modify the Personnel Rules and Regulations subject to meet and confer without mutual agreement. ARTICLE III--HOURS OF WORK AND OVERTIME SECTION 3.1 HOURS OF WORK a. Work Period The normal work period shall be seven(7)days with a maximum non-overtime of forty(40)hours. SEIU MOU 1998/99 Page 5 000090 b. Shift Change Notification The City shall give employees reasonable,but at a minimum,a 72-hour notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. c. Rest Periods Rest periods will normally be provided to employees at the rate of fifteen(15)minutes for each four(4)hours worked.Insofar as practical rest period shall be in the middle of each work period. Rest periods cannot be used in conjunction with meal periods,nor may rest periods be taken during the employee's first or last hour of work. Any employee required to work more than sixteen(16)hours within a twenty-four hour period shall be entitled to an eight hour rest period prior to returning to work. If any portion of the eight hour rest period occurs during the employees'regularly scheduled work hours,the employee shall receive normal compensation for that time. This section shall not apply in the case of emergencies. d. Missed Rest Periods and Mealtime Regular fifteen minute 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. SECTION 3.2 OVERTIME a. Rate Overtime,except training time,shall be compensated at the rate of time and one-half the 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—%hour 31 to 45 minutes,overtime compensation—3/4 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. Paid time off shall be considered time worked for overtime purposes. c. Compensating Time Off(CTO) 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 City and the employee.Employees may accumulate a maximum of eighty(80)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. SECTION 3.3 CALLBACK PAY Employees who are called to duty at a time they are not working shall be compensated by time and one-half rate of pay with a minimum compensation of two(2)hours. 0 SEIU MOU 1998/99 Page 6 000091 SECTION 3.4 STANDBY TIME a. Employees assigned standby duty shall receive twenty five dollars($25)for each day of standby duty. b. Employees who are called to duty at a time they are not working shall be compensated a minimum of two (2)hours 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. SECTION 3.5 PATCHING/PAVING WORK The City shall make a reasonable attempt to schedule patching work during days/times when temperatures are not expected to exceed 100 degrees. It is mutually understood that employees working with paving contractors must adhere to the contractors work schedules. ARTICLE IV-PAY PROVISIONS SECTION 4.1 SALARY The followinggY monthly salaries become effectiv�ejT July 1, 1998,which includes a 3.9%increase from prior year. ✓. Building Inspector I 2371.16 2489.72 2614.21 2744.92 2882.16 Building Inspector 11 29 2634.52 2766.25 2904.56 3049.79 3202.28 Building Maintenance Specialist 20 2292.72 2407.36 2527.72 2654.11 2786.82 Engineering Technician I 116 2156.45 2264.28 2377.49 2496.37 2621.18 Engineering Technician II 23 2392.35 2511.97 2637.57 2769.44 2907.92 Maintenance Leadworker 17 2230.56 2342.08 2459.19 2582.15 2711.26 Maintenance Worker I 4 1839.41 1931.39 2027.95 2129.35 2235.82 Maintenance Worker II 9 2027.87 2129.26 2235.72 2347.51 2464.89 Equipment O erator 2129.21 2235.67 2347.46 2464.83 2588.07 Planning Technician 15 2156.45 2264.28 2377.49 2496.37 2621.18 WWTP Operator I 19 2258.30 2371.21 2489.77 2614.26 2744.97 WWTP Operator II 27 2509.12 2634.58 2766.31 2904.62 3049.85 WWTP Operator III 33 2810.37 2950.89 3098.43 3253.35 3416.02 WWTP Operator in Training 11 2032.57 2134.20 2240.91 2352.96 2470.61 Account Clerk I 2 1764.05 1852.25 1944.86 2042.10 2144.21 Account Clerk II 6 1944.76 2042.00 2144.10 2251.30 2363.87 Admin Secretary 12 2042.27 2144.38 2251.60 2364.18 2482.39 Building Technician 13 2139.62 2246.60 2358.93 2476.88 2600.73 Finance Technician 147 2139.62 2246.60 2358.93 2476.88 2600.73 Wastewater Technician 14 2139.62 2246.60 2358.93 2476.88 2600.73 Office Ass't I 1 1600.13 1680.14 1764.15 1852.35 1944.97 Office Ass't II 2 1764.05 1852.25 1944.86 2042.10 2144.21 Office Ass't III 6 1944.76 2042.00 2144.10 2251.30 2363.87 -Secretary 1838.15 1930.05 2026.56 1 2127.88 2234.28 SEW MOU 1998/99 Page 7 000092 a. Movement between steps shall be at twelve-month intervals and subject to satisfactory performance. The initial step movement after hiring,however,shall be after twelve months or after completion of probation,whichever occurs later. Employees may receive step increases at a period of less than twelve(12)months upon recommendation of the department head and approval of the City Manager. b. An employee who is promoted shall receive a salary increase of at least one step(5%). Therefore,the employee shall be placed on step"A",or that step which produces at least a one step salary increase. c. Salary Inequity Increases. 1. Survey Jurisdictions The parties agree that,the survey jurisdictions for unit classifications under this M.O.U.shall be the cities of Arroyo Grande,Atascadero,Grover Beach,Morro Bay,Paso Robles,Pismo Beach,and San Luis Obispo. 2. Compensation Study The parties agree that the salary survey compiled by the City Manager's Office in June of 1998 shall serve as a starting point for further negotiations and the development of a procedure to ensure that represented classifications are paid competitively,relative to the survey jurisdictions above. Any discrepancies or disputes over the data contained in the salary survey will be resolved through the meet and confer process. The parties agree their intent is to increase salaries pursuant to Section D up to no less than the survey average (mean)whenever a classification is found to be 4%or more below the survey mean. The parties agree to apply the"Y rating principle to any classification found to be 4% or more above the survey mean until such classification's compensation is at the mean. 3. Ongoing Meetings The parties agree to continue to meet and confer during the term of this agreement at mutually agreeable times and places in order to make written recommendations on the following on or before January 15, 1999. p Develop`benchmark'classifications to be linked to each represented classification for the purpose of salary surveys and inequity salary increases. p Identify and internal compaction/expansion problems and recommend any salary increases necessary to eliminate or minimize them p Identify the cost of implementing salary increases based upon the negotiating team's recommendations relevant to inequity increases and/or increases to eliminate compaction and/or internal alignment issues. 4. Implementation The parties shall meet and confer on or about February 15, 1999 in order to agree upon the scope of the salary inequity increases,the effective date thereof and the City's ability to pay for the salary increases described above. The parties agree that the primary factor in this assessment shall be the City's ability to pay based upon the following: SEW MOU 1998/99 Page 8 000093 1) Overall expenditures not exceeding those budgeted 2) New ongoing revenue and/or existing revenue in excess of those budgeted The parties agree that it is their intent to implement salary inequity increases for represented classifications pursuant to the written recommendations of the negotiation teams and the City's ability to pay. 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 a passing grade. SECTION 4.3 RETIREMENT a. Employees will be provided retirement benefits through the California Public Employees Retirement System (CalPers)pursuant to the 2%@ 60 formula and the City will pay the employee contribution of seven(7%)percent. b. The parties agree that during the term of this agreement, following receipt of an actuarial study from PERS calculating the cost of implementing the 2%@ 55 Retirement Option,and upon a request by either party,they shall reopen negotiations of an election to determine the wishes of the majority of City employees in regards to the benefit. Provided,however,that the City shall not conduct such election without mutual agreement of the parties. SECTION 4.4 SICK LEAVE/STAY WELL PLAN a. Sick leave accumulates at a rate of eight(8)hours per month. There is no limit to the accumulation. b. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus.The Stay Well Bonus will be implemented as follows: 1. The sick leave pay-off will occur during the 52-week period(ending generally on the last day of the second pay- period in November)after an employee has accumulated and maintained 384 hours sick leave. 2. Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-third (1/3)of the unused annual allotment of sick leave. (The annual allotment is ninety-six(96)hours). 3. Checks will be prepared by December 15 of each year. If the 15''is a Saturday or Sunday, checks will be prepared the following Monday. 4. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year,to the Employee Sick Leave Bank,it shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off for that year. 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. In extenuating circumstances,the employee may make a request for additional sick leave to be used for dependent care,to their Department Head who shall make a recommendation to the City Manager for final approval. SEN MOU 1998/99 Page 9 000094 SECTION 4.5 VACATION LEAVE a. Paid vacation leave accrues from the date of hire ona bi-weekly basis and increases after completion of the required years of service as follows: Year's of Service Accrual Rate Less than 3 years 10 days/yr or 3.08 hrs/pp 3 years completed 12 days/yr or 3.69 hrs/pp 5 years completed 14 days/yr or 4.31 hrs/pp 7 years completed 16 days/yr or 4.92 hrs/pp 9.years completed 18 days/yr or 5.54 hrs/pp 11 years completed 20 days/yr or 6.15 hrs.pp The above schedule is based on full-time employment. Regular part-time employees shall receive vacation accrual on a pro-rated basis. b. Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations. c. It is agreed and understood that the taking of vacation shall be as scheduled by the Department Head subject to the needs of the City. d. Employees transferring from the County shall use their County hire date to determine their vacation accrual entitlement. SECTION 4.6 HOLIDAYS (a) The City shall recognize the following days official City holidays. Holida Day Observed New Year's Day January 1 Martin Luther King,Jr.Birthday 3rd Monday in January Lincoln's Birthday 2nd Monday in February Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1 st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day After Thanksgiving Friday after Thanksgiving Christmas Day December 25 "Floating"Holiday. Off As Scheduled;Accrues January 1 a. Each unit member employed by the City as of January 1 st of each year shall be eligible for one floating holiday(8 hours). Accrual shall be pro-rated for employees in permanent part-time positions. Floating holidays must have prior department approval and shall be consistent with the efficient operation of the department. The floating holiday may be used between January 1 and December 31 of each year. b. All employees who are covered under this contract and are required by their supervisor to work on a City holiday shall be paid time and one-half 1%2 their base hourly rate for the hours worked on the holiday,plus compensation for the holiday. SEIU MOU 1998/99 Page 10 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. SECTION 4.9 WORK GLOVES The City shall continue to provide employees with leather palmed work gloves. The City shall issue regulations establishing reasonable standards for provision of the gloves,replacement of gloves,and the maximum number of gloves made available during any fiscal year. SECTION 4.10 WORK SHOES The City shall contribute One-Hundred and Twenty Dollars($120.00)to each maintenance employee for the purchase of appropriate footwear. Proof of purchase is required. Once purchased, such appropriate footwear must be worn while working. SECTION 4.11 SAFETY GLASSES The City shall provide safety glasses and safety prescription glasses, in compliance with OSHA standards, for those employees required to wear them. As approved by the Department Head,the City shall replace prescription glasses as needed due to prescription changes or if the glasses are damaged while being used in the course of duties. If the glasses are damaged due to the negligence of the employee,he/she shall be required to pay the replacement cost. SECTION 4.12 COMPUTER PURCHASE The City agrees to develop an Employee Computer Purchase Program. The City agrees to allow employees to purchase hardware and work-compatible software using the City's government discount. All costs shall be the responsibility of the employee. ARTICLE V-HEALTH AND WELFARE 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. SEIU MOU 1998/99 Page 11 000096 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 term 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. f. Flexible Benefits Pian. 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. State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 5.2 UNIFORMS The City shall provide uniforms to Unit employees and replace them on an as needed basis,for those employees required to wear uniforms. Jackets will be included as part of the uniform provided. SECTION 5.3 PROBATION The probationary period for newly hired employees shall be twelve months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine(9)months of service. 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. SEIU MOU 1998/99 Page 12 00009'7 SECTION 6.3 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives: SEIU Date SEN Date CITY OF ATASCADERO Mayor Date City Manager Date APPROVED AS TO FORM City Attorney Date SEN MOU 1998/99 Page 13 000098 ITEM NUMBER:—A - 4 DATE: 12/08/98 iaia , 1979 CADF�/ City Attorney's Agenda Report Roy A. Hanley Amended Conflict of Interest Code for the City of Atascadero RECOMMENDATION: Staff recommends Council adopt Resolution No. 1998-055, which updates and amends the conflict of interest code for the City of Atascadero. DISCUSSION: Background: The political reform act requires that the conflict of interest code be periodically reviewed and amended. A main purpose of the act is to require that the code is reviewed for accuracy and to make sure it is up to date. The city attorney and the city clerk have previously requested the appropriate departments and agencies of the city to submit notices of any changes in composition or structure that require amendments to the code. The political reform act requires that any changes be submitted to this Council no later than December 29, 1998. The city attorney and the city clerk have reviewed the responses and the current code. The proposed amendments to the conflict of interest code incorporate the basic provisions required by Government Code Section 87302 and comply with FPPC regulations. The revised list contains a list of designated positions that make or participate in making governmental decisions. The proposed amended code also sets forth the categories for different types of disclosure. The attachments have changed the designations to reflect the current staffing of the City of Atascadero. There are some physical changes to the resolution and the code to make the document easier to read. The changes made have been indicated by highlighting and strikeout so they need not be recited in this report. No substantive changes have been suggested. FISCAL IMPACT: None. VVVUj`9 - ITEM NUMBER:-A - 4 DATE: 12/08/98 ALTERNATIVES: The code must be updated. The council is free to add positions to the code.or to suggest any other changes, so long as the changes comply with the political reform.act. Staff does not recommend changing the disclosure requirements themselves, but that the positions are accurately described. Staff does not recommend any deletions of designated positions, but the council is free to add positions to the designated list where appropriate. RESPONSIBLE DEPARTMENT City Attorney/City Clerk ATTACHMENTS: Resolution No. 1998-055 and Exhibits thereto. 000100 RESOLUTION NO. 1998 - 055 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,CALIFORNIA,ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS,the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially(in even-numbered years)to determine if its accurate and up-to- date, or,alternatively,that the Code must be amended; and NOW, THEREFORE BE IT RESOLVED,by the City Council of the City of Atascadero as follows: SECTION 1. Resolution No. 112-94, adopted on October 27, 1994, is hereby rescinded. SECTION 2. That the attached Conflict of Interest Code be, and hereby is, adopted as the Conflict of Interest Code for the City of Atascadero. On motion by and seconded by the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Ray Johnson,Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley,City Attorney VU0101 City of Atascadero Resolution No. 1998-055 CONFLICT OF INTEREST CODE OF THE CITY OF ATASCADERO SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the City of Atascadero (hereinafter-referred to as "City") hereby adopts the following Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title 9, Chapter 1 of the Government Code (Section 87100 et seq.). Except as otherwise indicated, the definitions contained in the Political Reform Act at Title 9, Chapter 2 of the Government Code (Section 82000 et seq.) regulations of the Fair Political Practices Commission (2 California Code Regulations section 18100 et seq.) and any amendments to the Act or regulations are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the disclosure of assets and income of designated employees which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseeably have a material effect on a financial interest. This Code does not establish any disclosure obligation for those individuals specified in Government Code section 87200; such persons are covered by this Code only for disqualification purposes and all provisions of Section 6 herein relating to "designated employees" are applicable to such individuals. Consultants are required to be included as a designated employee. The Fair Political Practices Commission defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (a) Makes a governmental decision whether to: (1) Approve a rate,rule, or regulation; (2) Adopt or enforce a law; (3) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval,order,or similar authorization or entitlement; (4) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (5) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; Page 2 000102 City of Atascadero Resolution No. 1998-055 (6) Grant agency approval to a plan, design, report, study or similar item; (7) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (b) Serves in a staff capacity with_the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in this Code. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B". Each designated employee or official shall file an annual statement disclosing that employee's or official's interest in investments, business positions, interests in real property and source of income designated is reportable under the category to which the employee's or official's position is assigned in Exhibit"B". SECTION 4. Place and Time Filing. (a) All designated employees or officials required to submit a statement of financial interests shall file the original with the City Clerk's office. Designated employees or officials who are required to file statements of financial interests under any other agency's conflict of interest code, or for a different jurisdiction, may expand their statement of financial interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements. Each eepy of siaek expanded statement must N - be signed and 0 verified by the designated individual. (b) The City Clerk's office shall make and retain a copy of the statement. (c) A designated employee or official required to submit an initial statement of financial interests shall submit the statement within 30 days after the effective date of this Code, disclosing interests held including reportable investments, business positions, and interests in real property on the effective date of this Code, and income received during the twelve (12) months prior to the effective date of this Code. (d) All persons appointed, promoted, or transferred to designated positions shall file initial statements not more than 30 days after assuming office. (e) The first statement of.financial interests filed by a designated employee shall disclose the designated employee's reportable investments, business positions, and interests in real property as those investments, positions, and interests in real property exist as of the effective date of this Code or the date the designated employee assumed office, whichever is later, and income received during the preceding twelve (12)months. (f) Annual statements shall be filed by March 30th of each year by all designated employees or officials. Such statements shall disclose reportable investments, business positions, Page 3 City of Atascadero Resolution No. 1998-055 interests in real property, and income held or received at any time during the previous calendar year or since the designated employee took office if during the calendar year. (g) Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. (h) A designated employee who resigns his or her position within 30 days following initial appointment is not deemed to assume or leave office, provided that during the period between appointment and resignation the individual does not make, participate in making, or use the position to influence any decision of the city or receive or become entitled to receive any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's office and shall contain the following information: (a) Contents of Investments and Real Property Reports. When an investment or an interest in real property is required to be disclosed,the statement shall contain: (1) A statement of the nature of the investment or interest; (2) The name of the business entity in which each investment is held and a general description of the business activity in which the business entity is engaged; (3) The address or other precise location of the real property; (4) A statement whether the fair market value of the investment or, interest in real property equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ( $10,000 ), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000 ), or whether it exceeds one hundred thousand dollars($100,000). For purposes of disclosure, "interest in real property" does not include the principal residence of the designated employee or any other property which the designated employee utilizes exclusively as the employee's personal residence.- Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. Page 4 City of Atascadero Resolution No. 1998-055 (b) Contents of Personal Income Reports. When personal income' is required to be disclosed under this Code or pursuant to the Political Reform Act,the statement shall contain: (1) The name and address of each source of income aggregating two hundred fifty dollars($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; (2) A statement whether the aggregate value of income from each source, or, in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dot tars ($1,000) but not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars($10, 000); (3) A description of the consideration, if any, for which the income was received; (4) In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value and the date on which the gift was received; (5) In the case of a loan,the annual interest rate and the security, if any, given for the loan. A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. (c) Contents of Business Entit�Reports. When the designated employee's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity; (2) The name of every person from whom the business entity received payments if the designated employee 's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars($10,000)during a calendar year; (3) Income of a business entity is required to be reported only if the direct, indirect, or beneficial interest of the designated employee and his or her spouse in the business entity aggregates a ten (10) percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection,the disclosure of persons who are clients or customers of a business entity is ' "Income" is defined in Title 9, Chapter 2 of the Government Code (Section 82030). That definition is attached hereto as Exhibit"C". Page 5 Mini nc i I i City of Atascadero Resolution No. 1998-055 required only if it is reasonably foreseeable that the client or customer may be materially affected ' by the decisions of the designated employee; I 4 (d) Contents of Business Position Disclosure. When business positions are required to be reported, the designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee,employee, or in which he or she holds any position of management, a description of the business entity in which,the business is engaged, and the designated employee's position with the business entity; (e) Travel Payments. When a payment for travel, including an advance or reimbursement, is required to be reported, it may be reported on a separate travel reimbursement schedule which shall be included in the designated employee's statement of economic interest. A designated employee who does not use the travel schedule shall disclose travel payments as a gift, or, where it is clear that the services provided to the designated employee were equal to or greater in value than the payments for the travel, as income. (f) Acquisition of Disposal During a Calendar Year. If any otherwise reportable investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement,the statement shall contain the date of acquisition or.disposal. SECTION 6. Disgualification. Designated employees shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial effect distinguishable from its effect on the public generally, on the designated employee, or a member of his or her immediate family, or on: (a) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000)or more: (b) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars($1,000) or more; (c) Any source of income,other than gifts and other,than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (d) Any business entity in which the designated employee is a director, officer, .partner, trustee, employee, or holds any position of management; or (e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee within twelve (12)months prior to the time when the decision is made. Page 6 City of Atascadero Resolution No. 1998-055 For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the designated employee, the designated employee's agents, spouse, and dependent children own directly, indirectly, or beneficially a ten percent(10%) interest or greater. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. If a person is legally required to participate, such individual shall: (1) disclose as a matter of public record the existence of the financial interest; (2) describe with particularity the nature of the financial interest before participating in making the decision; (3) state the reason there is no alternative source of decision-making authority; and (4) participate only as required by law where participation is legally required for the agency to act. The fact that the vote of a designated employee who is a member of a voting body is needed to break a tie does not make his or her participation legally required. A person is not legally required to participate if it would have been possible to convene a quorum made up of other members of the agency who are not disqualified under Government Code Sections 87100, whether or not such-other members are actually present at the time of disqualification (California Code of Regulations Section 18701). A designated employee required to disqualify himself or herself shall notify the City Manager and the City Clerk in writing, and the City Clerk shall record the person's disqualifications. In the case of a voting body,this determination and disclosure of the disqualifying interest shall be made a part of the City's official record. SECTION 7. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. SECTION 8. Violations. This Code has the force and effect of law. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. Page 7 000107 City of Atascadero Resolution No. 1998-055 EXHIBIT "A" Page 1 DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position:' Disclosure Category: Senior Building Inspector 1 Building insperter- QV),A#@ ney,Assi84aat ' City Clerk 1 City Engineer 1 Consultants 1 Community 11111M Development Director 1 GILT Planner- Director of Community Services 1 Senior Planner 1 OEM ' In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended,this Exhibit shall be changed to include the designated position and category of each official as required by said amendment. 3 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations. The City Manager may determine in writing that a particular consultant, although a "designated position'% is hired to perform a range of duties that is limited in scope and this is not required to fully comply with the disclosure requirement described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection by the City Clerk in the same manner and location as this Conflict of Interest Code. Page 8 000108 City of Atascadero Resolution No. 1998-055 EXHIBIT Page 2 DESIGNATED EMPLOYEES AND DISCLOSURE CATEGORIES Desinated Position:Z Disclosure Category: Exempt Officials4 1 ase Director 1 Fire Chief 1 Police Chief 1 124bli . Senior Civil Engineer 1 Members of all permanent City 1 Commissions,Boards and Committees not otherwise required to file Conflict of Interest Statements Fire Captain 2 Police Lieutenant 2 Police Sergeant 2 Chief Waste Water Operator 2 Streets Supervisor 2 Z In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended,this Exhibit shall be changed to include the designated position and category of each official as required by said amendment. a Exempt Officials include the Mayor, Members of the City Council, Members of the Planning Commission, the Finance Director,the City Treasurer and the City Attorney, who are all otherwise required to file disclosure statements pursuant to State Law. Page 9 000109 City of Atascadero Resolution No. 1998-055 EXHIBIT"B" CATEGORIES OF REPORTABLE ECONOMIC INTERESTS Designated Persons in Category "1" Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category "2" Must Report: (1) All investments in real property located within or subject to the jurisdiction of the City. (2) Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. (3) Income from any source which within the last two years has contracted or in the future foreseeably may contract with the city. (4) His or her status as a director, officer, partner, trustee, employee,or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. Page 10 City of Atascadero Resolution No. 1998-055 EXHIBIT Page 1 82030. INCOME. (A) "Income" means(except as provided in subdivision B): A payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the flier, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10 percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (B) "Income" does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic,or charitable organization. (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. Page 11 City of Atascadero Resolution No. 1998-055 0 EXHIBIT "C" Page 2 (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (a) Used to purchase, refinance the purchase of, or for improvements to, the principal residence of flier; or (b) The balance owed does not exceed ten thousand dollars($10,000). (9) Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person,provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading commission of the United States Government if the flier sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. Page 12 000112 ITEM NUMBER: A - 5 DATE: 12/08/98 n iais ® is e CADFj�// City Manager's Agenda Report Wade G. McKinney San Anselmo Avenue - Establishment of Speed Limit RECOMMENDATION: Traffic Committee recommends that Council adopt Resolution No. 1998-052 which formally establishes a speed limit on the portion of San Anselmo Avenue between El Camino Real and Dolores Avenue. DISCUSSION: The residents in this area submitted a request to the Atascadero Traffic Committee for a speed Ssurvey and posting in their neighborhood. A survey was completed resulting in an enforceable speed limit of 35 miles per hour. Traffic and Speed Surveys are being conducted on various city streets to enable the Police Department to enforce speed with the use of radar. These surveys are conducted in a method consistent with the California Vehicle Code and are required for radar enforcement. Speed surveys are conducted by using radar and an unmarked vehicle to chart the speed of at least 50 vehicles in each direction at which time the figures are calculated to determine the critical speed. Critical speed is the top speed at which 85% of the vehicles are traveling. Once the critical speed is determined, the posted speed is generally set within 5 miles per hour of this speed. For example, the critical speed for this section of San Anselmo Avenue is 39 miles per hour, resulting in a posted speed of either 35 or 40 miles per hour. In some cases, additional factors may be considered when setting the posted speed, such as sight problems, roadway curves, or proximity to parks or schools. Speed surveys are valid for a maximum of 5 years at which time a new study must be performed to verify that the speed posted is enforceable. FISCAL IMPACT: The fiscal impact is approximately$1,000 to be paid out of currently budgeted funds. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: Resolution No. 1998-052 1 RESOLUTION NO. 1998-052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING A 35 MILE SPEED LIMIT ON A PORTION OF SAN ANSELMO AVENUE WHEREAS, Section.4-2.501, et. seq, of the Atascadero Municipal Code allows the City Traffic Engineer, through an engineering and traffic survey, to determine the appropriate speed limit for streets within the City; and WHEREAS, an engineering and traffic survey conducted by the Atascadero Police Department determined that the appropriate and safe speed is 35 miles per hour (MPH) on San Anselmo Avenue between Dolores and El Camino Real_ NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the City Traffic Engineer to place and maintain appropriate signs or markings to indicate a 35 MPH speed limit in the area noted on attached Exhibit A. On motion by Councilmember , and seconded by Councilmember the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON RAY JOHNSON City Clerk Mayor APPROVED AS TO FORM: ROY A. HANLEY City Attorney 000114 EXHIBIT A Resolution No. 1998-052 v O Ow COLIMA AVE t11� 0 35 MPH EL CAMWO REAL o0o1l's ITEM NUMBER: B - 1 ' DATE: 12/08/98 n 1918 1979 City Manager's Agenda Repot Wade G. McKinney Unreinforced Masonry Building Ordinance RECOMMENDATION: The Planning Commission recommends that the City Council adopt Ordinance 356 for first reading by title only, amending Title 8 of the Atascadero Municipal Code relating Unreinforced Masonry Buildings. DISCUSSION: Background: On October 6, 1998, the Planning Commission discussed the status of the City's Unreinforced Masonry Building ("URM") mitigation program. During the review of the program, it was noted that the timeline for compliance with the regulations had expired in January of 1998. Following discussion of the current status of the program, the Commission made suggestions for enhancing the City's current mitigation program and recommended that at a minimum the City extend the timelines for compliance with the ordinance. On November 3, 1998, the Planning Commission adopted Resolution PC 1998-039 (Attachment "A"), recommending that the City Council consider an extension of the timelines for compliance with the URM regulations by 7 years Anal The current"timelines for compliance with the mitigation program expired on January 1, 1998. State Law requires that the City establish and maintain a mitigation program for potentially seismically hazardous buildings, however, state law has not established specific timelines for completion of mitigation programs. Staff contacted several jurisdictions regarding timelines and most have established timelines beyond the year 2000. Paso Robles, for example, has set the timeline as 2010. Some timelines go to the year 2015. The years seem to vary based on a number of factors, including the number of probable URM buildings, local financial assistance sources, and strategic implementation programs. Most timelines have been established in conjunction with the local jurisdictions mitigation program and strategy. Although Atascadero has a codified mitigation program, a specific strategy for implementation has not been developed. Staff has been investigating the mitigation programs and implementation measures of numerous other cities and will be preparing recommendations as part of the City's update of the Building Regulations scheduled for 1999. 000116 ITEM NUMBER: B - 1 DATE: 12/08/98 Therefore, the Planning Commission recommendation is to extend the timelines for compliance to 2005. This would provide an additional seven (7) years for compliance. This year was recommended in part due to the number of probable URM buildings in Atascadero and will allow the City the opportunity to allow programs that could assist in the mitigation program, such as redevelopment,to become fully,established. FISCAL IMPACT: No direct fiscal impact. The extension of the timeline would defer the costs associated with compliance to the URM regulations to a later date. ALTERNATIVES: The City Council could shorten or extend the timeline for compliance with the URM regulations. RESPONSIBLE DEPARTMENT: Community Development ATTACHMENTS: A. Planning Commission Resolution 1998-039 B. Ordinance 356 000117 ATTACHMENT "A" RESOLUTION PC 1998-039 A RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF ATASCADERO RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 12 OF TITLE 8 EXTENDING THE TIMELINES FOR COMPLIANCE WITH UNREINFORCED MASONRY BUILDING WHEREAS, the Planning Commission of the City of Atascadero, at its regularly scheduled meeting of November 3, 1998, studied and considered proposed amendments to Chapter 12 of the Building Regulations relating to timelines for compliance to the City's Unreinforced Masonry Building mitigation program, -as codified in Title•8 of the Municipal Code; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Municipal Code to continue to provide for compliance with the mitigation program; and WHEREAS, regulations relative to earthquake hazard reduction are categorically exempt from the requirements of the California Environmental Quality Act ("CEQA"); and WHEREAS, a timely and properly noticed public hearing was held by the Planning Commission of the City of Atascadero on November 3, 1998, at which hearing evidence, oral and documentary, was admitted on behalf of the proposed changes. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, in a regular session assembled on the 3rd day of November, 1998, resolved to recommend that the City Council amend Chapter 12 of Title 8 by adopting the following changes: SECTION 1. Section 8-12.105, subsections 1, 2, and 3 shall be changed to read as follows: 1. On or before January 1, 2005, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or 2.' On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this Chapter; or 3. On or before January 1, 2005, plans for the demolition of the building.. 000118 SECTION 2. Appendix Table No. 12-B Time Limits for Compliance) is hereby amended pP � � ) y to read as follows: From date of permit issuance Deadline for Building permit issuance Rating Occupant submission of deadline for strengthening Commence Complete Classification Load rehabilitation plans or demolition Within Within I Any January 1, 2005 January 1, 2005 180 days 3 years Il Any January 1, 2005 January 1, 2005 180 days 3 years 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 ,rd DAY OF NOVEMBER 1998. AYES: NOES: ABSENT: ABSTENTIONS: William Zimmerman Chairman Attest: Paul M. Saldana Community Development Director ATTACHMENT "B" ORDINANCE 356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 12 OF TITLE 8(BUILDING REGULATIONS)OF THE ATASCADERO MUNICIPAL CHANGING THE TEM LEWITS FOR COMPLIANCE WITH THE UNREINFORCED MASONARY BUILDING REGULATIONS The City Council of the City of Atascadero, California does ordain as follows: Section 1. Section 8-12.105, subsections 1, 2, and 3 are hereby amended to read as follows: 1. On or before January 1, 2005, a structural analysis, which is subject to approval by the Building Official, and which shall demonstrate that the building meets the minimum requirements of this Chapter; or 2. On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this Chapter;or 3. On or before January 1, 2005,plans for the demolition of the building. Section 2. Appendix Table No. 12-B (Time Limits for Compliance) is hereby amended to read as follows: From date of permit issuance Deadline for Building permit issuance Rating Occupant submission of deadline for strengthening Commence Complete Classification Load rehabilitation plans or demolition Within Within I Any January 1, 2005 January 1,2005 180 days 3 years 11 Any January 1,2005 January 1, 2005 180 days 3 years Section 3. The City Clerk shall cause this ordinance to be published 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 California Government Code;the Clerk shall also certify the adopting and posting of this ordinance and shall cause this ordnance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. 000120 Section 4. This ordinance shall go into effect and be in hill force and effect at 12:01 a.m. on the 31't day after its passage. On motion by and seconded by , the forgoing Ordinance is approved by the following role call vote: AYES: NOES: ABSENT: DATE DOPTED: By: Mayor ATTEST: S . Marcia M. Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney i 000121 ITEM NUMBER: C-1 DATE: 12/08/98 t ■ NO, ■im fl Isis ® ie CAD�� City Manager's Agenda Report Wade G. McKinney State Transportation Improvement Program Candidate Projects RECOMMENDATIONS: Staff recommends: 1. Council approve the list of candidate projects for which staff will be submitting funding applications for the 1998 State Transportation Improvement Program(STIP) amendment. 2. Council authorize the re-allocation of Surface Transportation Program (STP) funds from the Portola Road Rehabilitation Project to the San Fernando Road Rehabilitation Project. DISCUSSION: The California Transportation Commission(CTC)has provided a one-time-only increase in Regional Transportation Improvement Program(RTIP) funds to be used primarily by cities and counties to rehabilitate or reconstruct local streets and roads. The funds can also be used to replace roadway appurtenances such as drainage facilities, retaining walls, lighting, and signal controllers. Improvements should normally provide a minimum of ten years of service life with relatively low maintenance expenditures. Maintenance work such as thin overlays, seal coats and roadway spot repairs which do not extend the service life a minimum of ten years are not eligible. The funding will be programmed as an amendment to the 1998 STIP in March 1999. The funding will be available over a two year period. The total funding received by the region is approximately $7.8 million. The distribution of the $7.8 million in regional funds was determined by the San Luis Obispo Council of Governments (SLOCOG). Each jurisdiction will receive a$750,000 base amount plus a share based on population and road miles. The City's allocation for this one-time funding source is $1,466,000. Applications for the funds must be submitted to SLOCOG no later than December 18, 1998. The projects listed on Attachment A are on the Federal-aid system. The CTC has indicated that projects should be on the Federal-aid system of roadways to be considered eligible for funding. Projects not on the Federal-aid system may be considered for funding under the 1998 STIP ilii V JL ITEM NUMBER: C-1 DATE: 12/08/98 Amendment. However,they are less likely to receive funding since State-only monies must be used. The amount of State-only funds available is considerably less than the Federal funds. Staff is recommending that a funding application be submitted for the Portola Road Rehabilitation Project. Surface Transportation Program(STP)funds were previously allocated for this project by SLOCOG. Since Portola Road is on the Federal-aid system, staff is recommending that the previously allocated STP funds be used to rehabilitate San Fernando Road which is not on the Federal-aid system. The San Fernando Road Rehabilitation Project would extend from Graves Creek Road to Corriente Road . Attachment A is a list of projects which staff feels'are likely candidates for the 1998 STIP amendment. Staff has already begun preparation of the necessary project scoping documents and funding applications for these projects. Attachment B is a list of alternate projects for which staff is recommending the submission of funding applications. An alternate project will only be considered if one or more of the candidate projects listed Attachment A were found to be ineligible for funding. FISCAL IMPACT: The STIP amendment will generate $1,466,000 in funds for street and road rehabilitation projects throughout the City. ALTERNATIVES: 1. Accept staff's recommendations and submit funding applications. 2. Take no action- the City may miss the funding application deadline and possibly loose a significant source of road rehabilitation funds. 3. Revise the list of candidate projects -revising the list may result in the City missing the funding application deadline. The City's proposed allocation could possibly be held in reserve until a list of projects is established. RESPONSIBLE DEPARTMENT: Community Services ATTACHMENTS: Attachment A- 1998 STIP Amendment Candidate Projects Attachment B - 1998 STIP Amendment Alternate Projects 000123 ' Attachment A City Manager's Staff Report 12/08/98 CITY OF ATASCADERO 1998 STIP AMENDMENT CANDIDATE PROJECTS The following table lists the candidate projects for which staff will be submitting funding applications to SLOCOG for the 1998 STIP Amendment. The order of listing does not reflect project priority. PROJECT SEGMENT DESCRIPTION OF WORK ESTIMATED COST Portola Road Ardilla Rd to San Marcos Ave rehabilitate pavement $354,300 Rehabilitation Monterey Road Monterey School to Del Rio Rd pavement reconstruction and $101,400 Rehabilitation rehabilitation El Camino Real San Anselmo Ave to Maya Ct widen pavement and construct $228,500 Improvements AC dike,extend two-way left turn lane San Anselmo Avenue El Camino Real to Dolores Ave rehabilitate pavement $79,000 Rehabilitation Traffic Way Storm Traffic Way to Miramon Ave construct storm drain,extend $235,000 Drain San Jacinto Ave to Dolores Ave drain beneath railroad Curbaril Avenue El Camino Real to Sycamore Ave widen pavement and construct $197,200 Rehabilitation AC dike to control drainage, rehabilitate pavement El Camino Real Palomar Ave to Santa Rosa Rd cold mill pavement,rehabilitate $408,300 Rehabilitation pavement Chico Avenue Storm at Traffic Way construct storm drain under $81,300 Drain railroad to prevent water from ponding on Traffic Way TOTAL ALL PROJECTS $1,685,000 1998 STIP FUNDING $1,466,000 STP FUNDSB $14,000 LOCAL FUNDS` $205,000 SURPLUS(DEFICIT) $0 A Exchange currently allocated STP funds for STIP funds. Un-utilized STP funds will be used to rehabilitate San Fernando Road between Graves Creek Road and Corriente Avenue. B Utilize$14,000 of the$229,000 in STP funds currently allocated for the Portola Road Rehabilitation Project. Re-allocate the remainder of the STP funds for the San Fernando Road Rehabilitation Project. `Local funds(Fund 732)currently budgeted for the Portola Road Rehabilitation Project=$125,000. Local funds (Fund 700)currently budgeted for Buena Avenue portion of Traffic Way Storm Drain=$80,000. 000124 Attachment B City Manager's Staff Report 12/08/98 CITY OF ATASCADERO 1998 STIP AMENDMENT ALTERNATE PROJECTS The following table lists alternate projects for which staff will be submitting funding applications to SLOCOG for the 1998 STIP Amendment. The order of listing does not reflect project priority. PROJECT SEGMENT DESCRIPTION OF WORK ESTIMATED COST Del Rio Road west of intersection with San construct underdrain to control $32,100 Rehabilitation Anselmo Ave subsurface drainage,rehabilitate pavement LaLinea Avenue El Camino Real to El Centro rehabilitate pavement,construct $134,000 Rehabilitation Road drainage improvements TOTAL ALL PROJECTS $166,100 K:W SERSUBN\961271STIPPRIO.RPT 000125 ITEM NUMBER: C - 2 DATE: 12/08/98 ieis ® 1979 City Manager's Agenda Report Wade G. McKinney Information Bulletin A. Banner Poles Last month, the Department of Community Services staff sent out a letter regarding organizing a community-wide effort to install parallel poles on El Camino Real suitable for hanging banners. The letter was sent to over 50 community groups and organizations with a response form to measure interest in a fundraising campaign for the poles. To date, only one organization has replied indicating an interest in such a project. Staff does not plan to pursue this matter further at this time. B. Community Services Summit In a related subject, the Community Services Director will organize and host a"Community Services Summit"at the Pavilion in January. The purpose of the Summit meeting will be to convene all of the City's service organizations to discuss the planning and coordinating of service club efforts and projects. While there is no guarantee of success, staff feels it would be beneficial to attempt to create a dialogue among the various organizations in an effort to coordinate and communicate on community service issues. You will be notified of the meeting details as soon as they are worked out. C. Employee Update Sandi Bartelt Support Services Manager Resigned 12/03/98 O0®I.26 2nd AMENDED AGENDA PLEASE NOTE • TIME CHANGE ATASCADERO CITY COUNCIL MEETING TUESDAY,DECEMBER 8, 1998 City of Atascadero 6500 Palma Avenue, 4"floor Atascadero, California PLANNING COMMISSION INTERVIEWS 6:00 P.M. CLOSED SESSION, 6:30 P.M.: 1) Conference with negotiator over real property. (Govt. Code 54956.8) Negotiator: City.Manager Wade McKinney Property: Mr. & Mrs. Hensley, 9085 Morro Road 2) Conference with legal counsel—existing litigation Name of case: Theis vs. City of Atascadero REGULAR SESSION, 7:00 P.M.: • PLEDGE OF ALLEGIANCE: Council Member Luna ROLL CALL: Mayor Johnson Mayor Pro Tem Arrambide 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. Review of Term of Mayor- Council discussion and determination of the length of term the Mayor will serve. 2. Review of Selection Process for Planning Commissioners—Council discussion of the role of the Planning Commission ,the history of the selection process, and future direction for the Commission. 3. Appoint a Citizen to the unexpired term of Mike Arrambide on the Planning Commission —Council review candidates for a vacant Planning Commission position. COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to • 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.) PUBLIC COMMENT: Citizens against pornography intend to make comment about the Sexually Oriented Business Ordinance-Rusty Risch 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 Treasurer's Report—October 1998 —Fiscal Impact: None (City Treasurer recommendation: Review and accept) [Rudy Hernandez] 2. Resolutions Adopting/Amending Contractual Agreement for Deferred Compensation Providers—Fiscal Impact: None (Staff recommendation: 1) Council adopt Resolution No. 1998- 056, authorizing the City Manager to execute an agreement with ICMA Retirement Account to provide a deferred compensation plan, 2) Council adopt Resolution No. 1998 - 057, authorizing the City Manager to execute an agreement to • amend the plan document for deferred compensation with The Hartford, and 3) Council adopt Resolution No. 1998- 058, authorizing the City Manager to execute an agreement to amend the plan document for deferred compensation with Great Western Bank FundSelect) [Wade McKinney] 3. Service Employees International Union Local 620 Memorandum of Understanding—for Fiscal Year 1998-99—Fiscal Impact: $32,000.00 (Staff recommendation: Council authorize the Mayor to execute a Memorandum of Understanding with the Service Employees International Union Local 620 for Fiscal Year 1998-99) [Wade McKinney] 4. Amended Conflict of Interest Code—Fiscal Impact: None (Staff recommendation: Council adopt Resolution No. 1998-055, updating and amending the conflict of interest code for the City ofAtascadero) [Roy Hanley] 5. San Anselmo Avenue—Establishment of 35 MPH speed limit between El Camino Real and Dolores Avenue—Fiscal Impact: $1,000— (Traffic Committee recommendation: Council adopt Resolution No. 1998-052, establishing a speed limit on the portion of San Anselmo Avenue between El Camino Real and Dolores Avenue) [Brady Cherry] B. PUBLIC HEARINGS: 1. Unreinforced Masonry Building Ordinance - Amendment of Time Limits for Compliance —Fiscal Impact: None (Staff recommendation: Council adopt Ordinance No. 356 on first reading by title only, extending the time limits for compliance with the Unreinforced Masonry Building regulations) [Paul Saldana] 2 C. MANAGEMENT REPORTS: i1. State Transportation Improvement Program Candidate Projects—List of candidate projects for STIP amendment—Fiscal Impact: Will generate S1,466,000 (Staff recommendation: 1) Council approve, by minute order, the list of candidate projects for which staff will be submitting funding applications for the 1998 State Transportation Improvement Program (STIP)amendment, and 2) Council authorize, by minute order, the re-allocation of Surface Transportation Program (STP)funds from the Portola Road Rehabilitation Project to the San Fernando Road Rehabilitation Project) [Brady Cherry] 2. Information Bulletin 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 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: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer F. ADJOURNMENT: THE COUNCIL WILL ADJOURN TO THE REDEVELOPMENT AGENCY MEETING 10 IMMEDIATELY FOLLOWING THIS MEETING. Please note: Should an anyone challenge proposed development entitlement listed on this Y g y 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. 3 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION The City Council meets in 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 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 bring a written communication to the City Manager's office in City Hall prior to the deadline. *PUBLIC REVIEW COPY AMMENDED AGENDA Please do not remove from counter PLEASE NOTE TIME CHANGE ATASCADERO CITY COUNCIL MEETING TUESDAY, DECEMBER 8, 1998 City of Ataseadero 6500 Palma Avenue,4"floor Atascadero, California PLANNING COMMISSION INTERVIEWS 6:00 P.M. —, CLOSED SESSION: 6:30 P.M.: 1) ConfeMrt nce with negotiator over real property. (Govt. Code 54956.8) Negotiator: City Manager Wade McKinney Property: Mr. & Mrs. Hensley, 9085 Morro Road 2) Conference with legal counsel—existing litigation Name of case: Theis vs. City of Atascadero REGULAR SESSION, 7:00 P.M.: PLEDGE OF ALLEGIANCE: Council Member Luna ROLL CALL: Mayor Johnson Mayor Pro Tem Arrambide 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. Review of T ft of Mayor- Council discussion and determination of the length of term the Mayor will serve. 2. Review of Selection Process for Planning Commissioners—Council discussion of the role of the Planning Commission ,the history of the selection process, and future • direction for the Commission. 3. Appoint a Citizen to the unexpired term of Mike Arrambide on the Planning Commission —Council review candidates for a vacant Planning Commission position. r � COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to 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 Treasurer's Report—October 1998—Fiscal Impact: None (City Treasurer recommendation: Review and accept) [Rudy Hernandez] 2. Resolutions Adopting/Amending Contractual Agreement for Deferred Compensation Providers—Fiscal Impact: None (Staff recommendation: 1) Council adopt Resolution No. 1998- 056, authorizing the City Manager to execute an agreement with]CMA Retirement Account to provide a deferred compensation plan, 2) Council adopt Resolution No. 1998- 057, authorizing the City Manager to execute an agreement to amend the plan document for deferred compensation with The Hartford, and 3) Council adopt Resolution No. 1998- 058, authorizing the City Manager to execute an agreement to amend the plan document for deferred compensation with Great Western Bank FundSelect) [Wade McKinney] 3. Service Employees International Union Local 620 Memorandum of Understanding—for Fiscal Year 1998-99—Fiscal Impact: $32,000.00 (Staff recommendation: Council authorize the Mayor to execute a Memorandum of Understanding with the Service Employees International Union Local 620 for Fiscal Year 1998-99) [Wade McKinney] 4. Amended Conflict of Interest Code—Fiscal Impact: None (Staff recommendation: Council adopt Resolution No. 1998-055, updating and amending the conflict of interest code for the City ofAtascadero) [Roy Hanley] 5. San Anselmo Avenue—Establishment of 35 MPH speed limit between El Camino Real and Dolores Avenue—Fiscal Impact: $1,000— (Traffic Committee recommendation: Council adopt Resolution No. 1998-052, establishing a speed limit on the portion of San Anselmo Avenue between El Camino Real and Dolores Avenue) [Brady Cherry] B. PUBLIC HEARINGS: 1. Unreinforced Masonry Building Ordinance - Amendment of Time Limits for Compliance • —Fiscal Impact: None (Staff recommendation: Council adopt Ordinance No. 356 on first reading by title only, extending the time limits for compliance with the Unreinforced Masonry Building regulations) [Paul Saldana] 2 Z L C. MANAGEMENT REPORTS: 1. State Transportation Improvement Program Candidate Projects—List of candidate projects for STIP amendment—Fiscal Impact. Will generate $1,466,000 (Staff recommendation: 1) Council approve, by minute order, the list of candidate projects for which staff will be submitting funding applications for the 1998 State Transportation Improvement Program (STIP) amendment, and 2) Council authorize, by minute order, the re-allocation of Surface Transportation Program (STP)funds from the Portola Road Rehabilitation'Project to the San Fernando Road Rehabilitation Project) [Brady Cherry] 2. Information Bulletin 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 2. Finance Committee 3. Water Committees A. SLO County Flood Control & Water Conservation District Water Resources Advisory Committee B. Nacimaento 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: 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 one g yP p>an challenge an ro osed development entitlement listed on this y 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. 3 3 N City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING GENERAL INFORMATION • The City Council meets in 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 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 bring a written communication to the City Manager's office in City Hall prior to the deadline. DATE: 12/08/98 C of Atascadero COUNCIL ANNOUNCEMENTS AND REPORTS Review of Term of Mayor. The Council at its regular meeting of November 24, 1998 directed that the term of the Mayor be placed on the next Council Agenda. Further, the Council directed staff to provide a historical review of Mayoral terms in Atascadero. Staff Found: • The term of Mayor was initially one year. • In 1984, upon appointment of Rolfe Nelson as Mayor, the term was lengthened to two years. • Subsequent Mayors only served one-year terms. • In 1988 the Council returned the term to one year. A survey of San Luis',Obispo County cities revealed: • 3 cities have directly elected Mayors for 2-year terms (San Luis Obispo, Morro Bay and Arroyo Grand). • 2 cities have appointed Mayors with 2-year terms. • 2 cities have appointed Mayors with 1-year terms. While staff located no real advocacy for a particular system, the following themes did reoccur in discussions. • Directly elected Mayors tended to exclude other Council Members or minimize their importance in City business, especially public relations. • Directly elected Mayor provided a"point person" for citizen contacts. • Two-year terms provide better consistency for internal city operations and regional coordination. • One-year terms allow more Council Members to serve as Mayor. 00 0 001 DATE: 12/08/98 City of Atascadero COUNCIL ANNOUNCEMENTS AND REPORTS Review of Selection Process for Planning-Commissioners The Council at its regular meeting of November 2&h directed staff to provide information about the role of the Planning Commission and Planning Staff. Further, the Council requested an overview of the selection process for Planning Commissioners. Attached is The Planning Commissioners Book published by the Governor's Office of Planning and Research (OPR). OPR says that the "Commission is the City Councils... advisor on land use planning." Commissioners serve at the pleasure of the Council or supervisors, so commission membership changes in response to changes in those bodies." Commissions were initially formed to reduce political influence on planning and land use decisions. In this way the Commission reviews :the technical issues related to land use, leaving the policy questions to Council. State Planninglaw sets forth the opportunity for cities to have a commission. Pursuant to that set PP Y of laws, each City determines the role of its planning staff and commission. The roles for Atascadero can be found spread through the various provisions of the zoning ordinance. Some land use decisions like a precise plan may be approved by action of staff. Others like a Conditional Use Permit, (CUP) require commission action. Still others like Zone Changes require Council action'. Generally,. staff fills a research and policy development role. They also implement and administer the decisions of the Commission and Council. The Commission has ,two different roles depending on the issue before them. On some issues like the CUP, the Commission has the final approval. Their role in those cases would be to review projects on their technical merits for consistency with the City Codes and Council policy. In areas where the final approval rests with the Council, the Commissions role is to recommendations to the Council. Those recommended actions again are based on a technical review for consistency with City Codes and Council policy. Attached is Resolution 35-81 which established the initial procedures for selecting commissions. The Resolution requires an interview and is unclear about the application process. The attached Resolution 02-95 revises the selection procedure. An application was required and the interview process was made optional. The latest Resolution No. 23-97 (attached) again revises the selection process. Candidates may either apply or be nominated by a Council Member. The interview process continues to be optional. 000002 0.• Pete Wilson,Governor I I The Planning Commissioner's Book C � Governor's Office of Planning and Research 1400 Tenth Street Sacramento,CA 95814 (916)445-0613 Paul F Miner,Director Antero Rivasplata,Deputy Director,Planning -Hope Welton,Planning Intern March 1989,Revised May 1998 000003 THE PLANNING COMMISSIONER'S BOOK Table of Contents Introduction 3 Part One. The Planning Commission, 4 Part Two. The Legal Side of Planning- 8 Part Three. A Short Primer on State Planning Law 9 The General Plan 9 Zoning II Subdivisions 13 The California Environmental Quality Act 14 The Permit Streamlining Act 16 Annexation and Incorporation 16 Part Four. Glossary of Common Planning Terms 18 Part Five. For Further Reference 21 2 000004 THE PLANNING COMMISSIONER'S BOOK Introduction ©9 The Planning Commissioner's Book Welcome to the wonderful world of The Office of Planning and Research (OPR) planning. If you are a new planning receives numerous requests from local govern- commissioner,you undoubtedly have lots of ments for instructional materials that can be questions about the job.There's plenty to learn used by planning commissioners to familiarize and this publication was prepared to help you themselves with their jobs.We have written this get started. book to meet that need.The Planning Commis- Traditionally,the planning commission is sioner's Book is designed to be both a training made up of members of the public at large with tool and a ready reference. It does not, how- little or no formal training in planning. They ever, cover everything that a commissioner must come to the commission with a public-spirited know. For one thing,there is a lot that can only enthusiasm for community planning and a con- be learned through experience. Instead, it cern for the future of their community. Planning focuses on the basics. For more detailed infor- commission service often means late hours, little mation about the subjects that are introduced or no pay, and enough arguments to last a here, please see the references listed in the back lifetime. Still, most commissioners wouldn't miss or ask your planning staff. the experience for the world. 3 000005 THE PLANNING COMMISSIONER'S BOOK Part One o o �, The Planning Commission Four BasicQg planning P uestions 3.How does it relate to the Pn department? The city or county planning departmentartment is the com- I.What is the planning,commission?It is a perma- mission's research staff.The planners can advise the nent committee of 5 or more citizens who have been commission on the general plan,specific plans,zoning appointed by the city council(or the mayor in some cities) ordinance,subdivision ordinance and other land use or county board of supervisors to review matters related regulations.In addition,they provide background informa- to planning and development.A commission holds public tion and recommendations on the proposals that are hearings on a regular schedule(in some jurisdictions,as under the commission's consideration,answer technical often as once a week)to consider land use matters.These questions,and make sure that meetings have been include such things as the local general plan,specific plans, properly advertised in advance.A planning department rezonings,use permits,and subdivisions.Commissioners staff member will always be in attendance at commission serve at the pleasure of the council or supervisors,so meetings.Other attendees may include representatives of commission membership changes in response to changes the city attorney's or county counsel's office and of the in those bodies. public works department. The commission is the city council's or county board of supervisors'advisor on land use planning.The council or 4.What does it do? Cities and counties"plan"in order board may choose to follow the recommendations of the to identify important community issues(such as the commission or not.Accordingly,they may reverse or direction of growth,housing needs,and environmental modify commission actions or send proposals back to the protection),project future demand for services(sewers, commission for further review.In addition,commission roads,fire protection,etc.),address potential problems decisions are subject to appeal to the council or board. (such as overloaded sewers or crowded roads),and The council and board have the final say in all city and establish goals and policies for directing and managing county matters,respectively. future development. Because the commission focuses on planning issues,it The city council or county supervisors may assign any is a valuable intermediary between the public and the city or all of the following tasks to its planning commission council or county board of supervisors.When matters run (Government Code sections 65103,65401,65402): smoothly,the commission has a low profile.However, when there is a controversy,it is there,in the thick of ► Assist in writing the general plan and community or things,doing its best to sore through the facts and make a specific plans and hold public hearings on such plans; good decision. ► Hold hearings and act upon proposed amendments to the general plan and community or specific plans; 2.Why have a planning,commission? The idea of (► Hold hearings and act upon proposed changes to the appointing a group of laymen to make decisions and zoning ordinance and zoning maps; recommendations about land.use planning originated at ► Hold hearings and act on tentative subdivision maps; the turn of the century.Government reformers,seeking to op. Annually review the jurisdiction's capital improvement take local government out of the hands of party"ma- program and the public works projects of other local chines,"reorganized administrative procedures in an agencies for consistency with the general plan; attempt to reduce political influence on decisions.One ► Promote public interest in the general plan; solution was to create a planning commission,made up of (► Consult with and advise public officials and agencies, appointed citizens,that would be responsible for setting utilities,organizations and citizens regarding implem- the community's development direction. entation of the general plan; California law does not require each city and county to ► Coordinate local plans and programs with those of have a planning commission.Nonetheless,almost all do.In other public agencies; those jurisdictions that don't,Kern County for example, ► Report to the legislative body on the conformity of the city council or county supervisors considers planning proposed public land acquisition or disposal with the j� matters directly.On the other hand,some jurisdictions, adopted general plan;and, such as Sacramento County,think that planning commis- lo. Undertake special planning studies as needed. sions are so useful they have two. 4 nnnn0V, THE PLANNING COMMISSIONER'S BOOK Commissioners can learn about their commission's The Chairperson particular responsibilities by asking the planning depart- ment and referring to their local zoning and subdivision The commission chairperson is responsible for making ordinances. sure that meetings proceed in a fashion conducive to rational decisionmaking.The chair must be familiar with the commission's procedures and with the agenda items Meetings to be discussed at each meeting.The chairperson sets the tone of the hearing,keeps the discussion on track, The planning commission holds meetings—lots of encourages fairness,moderates and contributes to them.State law requires public hearings before planning discussions,and helps direct testimony to the issues at actions are taken.At its regularly scheduled hearings,the hand.The chairperson will usually: planning commission weighs planning proposals in light of state and local regulations and potential environmental loo, Open the meeting. effects and listens to testimony from interested parties.If • Explain why the meeting is being held. necessary,the commission may continue a hearing to a • Review-the agenda and note any changes thereto. later time to allow more information to be gathered or to • Review the procedures,rules and time limits to be take additional testimony.The commission usually in effect. considers several items at each hearing:considering each proposal separately and taking action before moving on to lo. Moderate discussion. the next item on the agenda. • Describe,or ask staff to describe,the item to be Depending upon local ordinance provisions,the discussed. commission's decision on a project may be: (1)referred • Ask that speakers identify themselves and take to the city council or board of supervisors as a recommen- turns when giving testimony. dation for action(this is common for general plan amend- • Ask speakers to limit themselves to new testi- ments and rezonings):or(2)considered a final action mony. unless appealed to the council or board(this is common • Ask that commission members wait to be recog- for subdivisions,variances,and use permits).The council nized prior to speaking. . or board will hold a noticed public hearing on the projects • Intervene when necessary to prevent more than referred to it by the commission(or received on appeal). one speaker from talking at one time. Pursuant to the Ralph M.Brown Act(Government • Ask staff for information or clarification,as Code section 54950),all meetings,including study sessions necessary. and workshops,must be open and public.This means that • Intervene when speakers ramble or get away from a quorum of commissioners can only discuss commission the issues. business in a public meeting.Furthermore,meeting • Close the meeting to testimony prior to delibera- agendas must be posted at least 72 hours in advance and tions. topics are limited to those on the agenda.For more information on the Brown Act see California Land Use and lo. Lead deliberations. Planning Law,by Daniel J.Curtin,Jr.,and Open and Public:A • Summarize the issues. Users Guide to the Ralph M.Brown Act,published by the • Ask for input from the commission as a whole. League of California Cities. • Ask for more information from staff if necessary. • When commissioners disagree,assist them in expressing their various concerns. Notice When a motion is proposed,make sure that it is stated understandably and in full before a vote is In counties and general law cities,the planning commis- taken. sion must publish advance notice of general plan,specific Encourage the commissioners to make timely plan,zone change,conditional use permit,variance,and decisions. subdivision public hearings in a newspaper of general Make sure that findings are adopted when circulation.Notice of proposed general plan and specific required. plan adoption or amendment must be mailed directly to the involved property owners.When a zone change, conditional use permit,variance or subdivision is involved, notice must also be mailed to the owners of property within 300 feet of the project boundaries.Charter cities may adopt different notification procedures than the above. 5 00000'7 THE PLANNING COMMISSIONER'S BOOK Figure Development Project Flow Chart Project Application Submitted Application Incomplete Preliminary Review by City/County Staff Additional Information Required Application Complete Pr ect Review Negative Declaration Project is Exempt Staff or EIR Required from CEQA y ND or EIR Process Planning Commission's Public Hearing ND or EIR Completed Project Approval: Project Denied Recommendation forwarded to CounciVBoard Commission Decision Appealed Council/Board Public Hearing Note:`Local procedures may vary. Negative Declaration and EIR Final Decision documents va rY P in rocessin g Findings Adopted time. An Important Lesson —"Be Prepared" At the hearing,commissioners should be able to both ask and answer questions about the project,its relation- Prior to every hearing,each of the commissioners ship to the general plan and to the zoning or subdivision should have reviewed the items on the meeting agenda. ordinances,and its potential impacts on the community.If This means reading the staff report and environmental legal questions arise,don't be afraid to ask the city assessment document,looking at the general plan and attorney or county counsel for his/her opinion.Don't take zoning ordinance sections pertinent to the particular legal advice from anyone but the city's or county's own project,and asking questions of the planning staff when lawyer. necessary. 6 nnnnna I' THE PLANNING COMMISSIONER'S BOOK Recipe for an Effective ordinance requirements?Are the environmental Planning Commission impacts of the project,if any, being reduced or eliminated by the conditions of approval? Is the . Effective planning commissions share certain qualities. commission's decision supported by findings of fact These include: based on substantial evidence in the record?When in doubt,ask the city attorney or county counsel for ► Ability to focus on the subject under consideration. their advice. Focusing means not being distracted by personalities, groups or issues that do not have anything to do with An en flow of ideas.-The chair erson and the other,her thea ends item being discussed. commissioners share responsibility for seeing that 8 g P tY g there is a continuing flow of ideas and discussion ► A clear view of the big picture.A good commission among all parties,including applicants,staff,members has the aggregate ability to identify the main points of of the public,and the commissioners themselves.Be an issue and to concentrate on addressing those. objective and ask questions. Keeping the big picture in mind is important so that the commission doesn't bog down in excessive ► A sense of pace.The chair should be able to recog- attention to minor detail. nize that point in time at which testimony must be closed off so the commission can deliberate.Commis- )o- Established rules for conducting meetings.These sioners should hold their motions until the discussion needn't be as formal as Robert's Rules of Order,but has reached its conclusion.Both the chair and the they should define the responsibilities of the chairper- other commissioners should know whether to son,the other commissioners,and the staff.They continue a hearing or to make a decision. should also establish the rules for testimony,such as the length of time available,speaker identification,etc. ► Effective leadership.An effective chairperson assists The Commissioner's '.Survival Kit" the flow of ideas and helps keep the proceedings on Commissioners should bring the following to track. every meeting: ► Informed commissioners.Prior to the hearing, The meeting agenda. commissioners should have read the staff reports, Staff reports and environmental documents reviewed the pertinent sections of the general plan, for each of the projects to be considered. zoning ordinance or other codes,and looked through A copy of the general plan. the environmental assessment pertinent to each agenda item. A copy of the zoning ordinance. • If subdivisions are to be considered,a;copy ► Attention to legal requirements.A commissioner of the subdivision ordinance. must keep basic legal requirements in mind.Among A pad of paper,and pencils. them: Is the proposal consistent with the general plan?Does it meet all applicable zoning or subdivision 7 THE PLANNING COMMISSIONER'S BOOK Part Two o The Legal Side of Planning ountiess volumes have been written about the' mind that findings will not rescue a decision if the commis- legal basis for planning and all the court decisions Sion has failed to follow the other procedures required by on the subject.This paper is too brief to go into law. more than just the bare outline of some of planning's legal side.Commissioners should rely upon the city attorney or county counsel for detailed',legal opinions.In addition, several books in the reference section of this publication have good discussions of planning law. $Anne actions requiring find!ngs Zone change:—frnding of consistency with'the The Police Polder general plan and any specific plans. Planning and the regulation of land use are based upon Subdivision— frnding of consistency with the general plan and an specific plans-,findings suPPart- local government's"police power." The courts have held that the police power may be used to regulate a wide and ing approvaVdenial'per state and local codes. expanding variety of activities as long as it is exercised in a P g tY Specific plan adoption or amendment manner that is reasonably related to the protection of the p P P public's health,safety,and welfare,is not preempted by finding of consistency with the general plan. federal or state law,and is within the framework of state Conditional useermit locally required statute.Community planning,zoning laws,subdivision p y q regulations,rent controls,sign controls,community findings(if any),findings supporting approval and re g g conditions. g g growth management regulations,and dedications of private land as a condition of development approval are some examples of the police power at work. Constitu- Variance—specific findings required by state tonal guarantees of equal protection,free speech,due statute. process,and just compensation for the taking of private property define the boundaries of the police power.An Design review approval— locally required illegal"taking"may occur as a result of either the public's findings(if any),findings supporting approval and acquisition of private property without just compensation conditions. or of excessively restrictive.land use regulations that deprive a property owner of all uses of his/her land. General plan amendment{inviting the number of newly constructed dwellings— speck findings required by state statute. Findings Adoption of a local ordinance affecting Planning commission decisions must be based on a regional housing needs-specific Endings rational decision-making process.Often,the commission required by state statute. must adopt written"findings"explaining the factual 'Approval project i reasons for its decision.A finding is a statement of fact A PP l of a housing- g.P iect when dense� relating the information that the commission has consid- is lower than that which was allowed when eyed to the decision that it has made.If a decision is application was accepted—specrftc findings ,required b`state statute. . Y the findings will be used to trace the challenged in court, g II commission's reasoning and to determine whether its Projects involving an EIR--findings of overnding action was legally justified. Findings must be supported by evidence in the hearing consideration findings of signrficant effett record(i.e.,testimony,reports,environmental docu- _ For a co Tete Jr see OPR's ublicauon' menu etc. and should not contain unsupported state mP st p_ PP ' ments.Complete findings should be included in the Brdgin th-e Ga p• _ commission's resolution of approval or denial.Keep in 8 THE PLANNING COMMISSIONER'S BOOK Part Three c� A Short Primer on State Planning Law The state delegates most local land.use and devel- opment decisions to the cities and counties.State The General Plan and'Zoning law requires that each of the 452 incorporated Are Not the Same cities and 58 counties adopt"a comprehensive,long-term general plan for[its]physical development."This general A gerlerai Ston is a set of long term goals and plan lays the groundwork for community decisions that will policies that the community uses to guide develop affect the future location of housing,business,industry, mens decisions.Although the plan establishes roads.parks,and other land uses,protect the public from standards for pa1. pulation density,building mtensrty noise and other environmental hazards,and conserve and the distribution of land uses,it does not directly natural resources.Each city council and county board of regulate land use. supervisors,upon recommendation of their planning Zoning,on the other hand,is regutatory Under commission,carries out its general plan through its zoning, the zoning ordinance,development must comply subdivision and other ordinances. with specific,enforceable standards such as mini There is no requirement that adjoining cities or mum lot size,maximum building height,minimum counties have identical,or even similar,plans and ordi- building setback,and a list of allowable uses.Zoning nances.Each city and each county adopts its own general applies lot-by-lot,whereas the general plan has a plan and development regulations.In turn,each is solely community-wide perspective. responsible for the planning decisions made within its Put another way,the general plan is a blueprint jurisdiction. and zoning is a toot for making it a reality.The plan is the basis for programs such as the zoning and subdivision ordinances.In turn,zoning is a means of putting into action the plan's long term goals. THE GENERAL PLAN The general plan is a community's blueprint for future are to be discussed in the local general plan.jurisdictions development.It describes a community's development may also adopt additional elements,at their option, goals and policies.It also forms the basis for land use covering subjects of local interest such as recreation, decisions made by the planning commission and city community design,or public facilities.See the General Plan council or board of supervisors. Guidelines published by OPR for detailed information on plan contents. Contents State law does not require that a general plan have seven distinct and separate elements.It is quite common A general plan consists of at least two parts.There is a for a general plan to have only three or four"super- . written text describing the community's goals,objectives, elements"which combine the essences of the seven and policies toward development.There is also a map(or elements.Along this same line,there is no requirement for maps)and diagrams illustrating the generalized distribution the number of maps and diagrams that must be adopted of land uses,the major road system,seismic and environ- as part of the plan.Each local government decides the mental hazard areas,the open space system,and other speck format and organization of its general plan. policy statements that can be illustrated(see Government Element Consolidation,by the Office of Planning and Code Section 65302). Research,gives examples of how elements may be merged The general plan must contain at least seven compo- and streamlined. nents(called"elements")addressing a set of basic planning Although general plans are not required to follow a issues(see Government Code section 65302).Each city standard format,many contain similar features.Some of and county determines the relative importance of these the things to look for in the written portion of your local issues to their local circumstances and decides how they plan are goals(abstract and general expressions of 9 THE PLANNING COMMISSIONER'S BOOK Consistency The Seven Required Elements The general plan is important because it is the basis for many local land use decisions.Zoning(except in most t' Land use element:designates the general charter cities),subdivisions,and public works projects can 17:location and intensity of housing,buslness> only be approved when they are consistent with the industry,open space;public buildings and general plan.An action,program or project is consistent grounds,waste disposal facilities,and other land W. with the general plan if,considering all its aspects,it will uses further.the goals,objectives and policies of the plan and 2 Circulation element:identifies the general,-...,..-..,..., not obstruct their attainment. location an11 d extent of existing andproposed Not only must governmental actions be consistent with major roads,transportation routes terminals; the general plan,the plan itself must be internally consis- and public utilities and facilities It must come': tent.Each pari of the general plan,be it a goal,policy or late with the land use element. map/diagram,must mesh with all of the other parts of the plan. For instance,the land use element must not contain 3 Housing e{ement:assesses current and statements or assertions that conflict with the housing projected housing needs for all economic, element.Similarly,the maps and diagrams adopted as part segments of the community and region !t of the plan must agree with one another.For example,the identifies local housing policies and the pro- location of a major highway on the land use element grams that implement those policies..--.*, diagram must match its location on the circulation element 4 Conservation element:addresses the diagram as well. conservation,development,and use of natural resources including water,forests,soils,rivers, Approving and Amending the Plan and mineral deposits. The process of adopting or amending a general plan 5 Open-space element:details plans and encourages public participation.Cities and counties must measures for preserving open-space for natural hold public hearings for such proposals.Advance notice of resources,the managed production of re- the place and time of the hearing must be published in the sources,outdoor recreation,public health and newspaper(when there is no paper,notice must be safety,and the identification of agricultural land. posted in the vicinity of the project site)and also mailed 6 Noise element:identifies and appraises noise directly to the involved property owners.Copies of the problems within the,community and forms the adopted or amended plans must be available for public basis for distributing land uses. purchase within two days of a final decision. Each of the general plan's seven required elements can 7 Safety element: establishes policies to be amended only four times per calendar year.More than protect the community from seismic,geologic, one change may be considered at each of these four flood,and wildfire hazards. opportunities.Optional elements,on the other hand,can be amended at any time. The planning commission and the city council or community values),objectives(specific intermediate steps county board of supervisors must each hold at least one in attaining a goal),policies(specific statements that guide public hearing prior to approving or amending the plan. decision making),and implementation programs(descrip- The commission will hold its hearing first and make specific tions of how the goals,objectives,and policies are to be recommendations to the council or board.A recommen- put into action). Many plans also contain background dation for approval must be made by a majority of the information about the community,such as population total membership of the commission. projections,traffic levels,seismic hazards,community The council or board will take final action on the history,and housing characteristics.Appendices to general proposals at their hearing.Approvals must be made by a plans often contain technical studies of seismic hazards, majority of the total membership of the council or board. housing surveys,and traffic studies and forecasts. If they make substantial changes to any planning commis- General plans use maps and diagrams to identify the sion recommendations,those items must be sent back to locations of proposed and existing land uses,flood hazard the commission for further study and recommendations areas,open space lands,roads,and other features.The before a final decision is made.The commission will have maps and diagrams must work together with the written 40 days in which to make any further recommendations. portions of the plan to establish a clear view of the community's future. 10 nnnn, � THE PLANNING COMMISSIONER'S BOOK Community Plans Amendment Considerations The general plan shouldn't be amended casually.:} "Community plans"focus planning efforts on a smaller In fact,state law requires that amendments:only area or neighborhood.A community plan is part of the be made when"in the public interest"Contrnls- local general plan.It addresses issues pertinent to a sinners should be able to answer all the fofiowing particular area or community within the city or county and questions affirmatively when approving an amend- supplements the policies of the general plan.Accordingly, it must be consistent with the general plan in all respects. mens ► is the amendment in the public'rnterest(I e,it Specific Plans advances community goals,describes a:.- community interest,etc.)? A"specific plan"implements,but is not technically a part ►is the amendment consistent with al!oth..er of,the local general plan.Specific plans describe allowable parts of.thegeneral plan(In other wor4 ►t land uses,identify open space,and detail infrastructure doesn't conflict with any of the goals,objet- availability and financing for a portion of the community.In rives,policies maps or diagrams'contained in some jurisdictions,specific plans also take the place of any of the general plan's other elements) zoning.A specific plan must be consistent with the general ►If the amendment creates a"ripple effect,' plan.In turn,zoning,subdivision,and public works decisions must comply with the provisions of the speck necessitating other changes to the plan,;;are those related changes being cons1.idered 1111,at the plan.For a detailed discussion of specific plans and their same time. contents,see OPR's The Planner's Guide to Specific Plans lo.Will the amendment necessitate changes in (see Part five). zoning or other ordinances and are those changes to be considered within a reasonable' time? ►if a mitigated negative declaration or an EIR is adopted or certified for the amendment,have the mitigation measures been incorporated into the amendment? ZONING The zoning ordinance regulates land uses within the the zone assigned to it.For example,if a commercial zone community.It assigns each piece of property to a"zone" does not allow 5-story office buildings,then no such which describes the rules under which that land may be building could be built on land which has been assigned used.These classifications,such as"R-I"for single-family that zone. residences or"C-I"for-commercial uses,cover in speck In many communities,the planning commission is not terms the range of uses that is discussed broadly in the the only body responsible for making zoning decisions.A general plan. board of zoning adjustment or a zoning administrator may A typical zoning ordinance may describe 10 or more be appointed to consider use permit and variance re- zone classifications.Each of these zones identifies allow- quests.Building design may be subject to approval by a able uses and sets standards such as minimum lot size, design review or architectural review board.Public notice maximum building height,and minimum front yard depth. of zoning hearings must be given at least 10 days before In most local ordinances,development of allowable uses the hearing by advertisement in a newspaper of general does not require a public hearing.Increasingly,however, circulation and by direct mailing to the owners of property communities are requiring a public review of the project's located within 300 feet of the proposal's boundaries. design before a building permit is issued. The distribution of residential,commercial,industrial, Rezoning and other zones must be based on the pattern of land uses established by the community's general plan.Zoning maps If a landowner proposes a use that is not allowed in illustrate how zones have been distributed. that zone,then he/she must obtain a change of zone if Zoning is adopted by ordinance and carries the weight that use is to occur.The local planning commission and of local law.Land may be put only to those uses listed in the city council or county board of supervisors must hold 11 i THE PLANNING COMMISSIONER'S BOOK i . hardship alone is not sufficient justification for approval of Rezoning CoAsi et'atlons a variance. Typically,variances are considered when the physical Commissioners should±be able ao answer the characteristics of the property make it difficult to use.For j following questions affirmativety when approving a instance,in a situation where the rear half of a lot is a rezoning. steep slope,a variance might be approved to allow a house to be built closer to the street than usually allowed. ►:Is the proposed zone consistent with all See OPR's publication The Variance for more informs- component parts of the general plan (including tion. text and maps}? Conditional Use Permits (CUPS) ► is the proposed zone and tts aliowabie uses compatible with existing and planned uses In Some types of land uses are only allowed upon the area? approval of a conditional use permit(also called a CUP or 10; If significant environmental effects have been special use permit)after a public hearing.These uses might identified as a result of he proposed rezoning, include community facilities(i.e.,hospitals or schools), ... public buildings or grounds(i.e.,fire stations or parks), are actions being required or programs initiated to mitigate those effects? temporary or hard-to-classify uses(i.e.,Christmas tree sales),or uses with potentially significant environmental ►' If the proposal,is part of,a larger project,has impacts(i.e.,hazardous chemical storage or surface the entire project been addressed in the mining).The local zoning ordinance specifies the uses for environmental analysis? which a conditional use permit is required,the zones they may be allowed in,and the public hearing procedure. When allowing a project,the CUP will impose special development requirements to insure that the use will not public hearings,before property may be rezoned.The be detrimental to its surroundings.Requirements might council or board is not obligated to approve requests for include such things as additional landscaping,soundproof- rezoning and,except in charter cities,must deny such ing,limited hours of operation,additional parking,or road requests when the proposed zone conflicts with the improvements.A CUP does not rezone the land. general plan.Typically,zoning ordinances also provide for See OPR's publication The Conditional Use Permit for limited waivers to zoning regulations(variances),subject more information. to a public hearing. Prezoning Variance Considerations Cities can"prezone"lands outside their corporate Commissioners should be able to answer the limits in the same way that they approve zoning.Prezoning following questions affirmatively when approving a:. is done before a city formally annexes a site in order to proposed variance. facilitate its transition into the city.Prezoning does not affect allowable uses,it is just a way for the city to show ► Are there special circumstances applicable to how the land will be zoned once it is annexed.County the proposal site(such as size,shape,topogra zoning regulations remain in effect until annexation is phy,location or surroundings)whereby strict actually completed. application of the zoning ordinance would deprive it ofprivileges enjoyed bynearby Variances properties with'the same zoning.Identify them; specifically A variance is a limited waiver of development Stan- dards.It may be granted,after a public hearing,in special ► Do the proposed conditions ensure that the cases where:(I)strict application of the zoning regulations approval well not be a grant of special pnvtlegef< would deprive property of the uses enjoyed by nearby ► Is the use for which the variance Is being lands in the same zone;and(2)restrictions have been granted already;allowed In thatzone?(A imposed to ensure that the variance will not be a grant of variance cannot be a roved d the useisn't special privilege.A variance must not be ranted if it would PP P P g g already'allowed.} permit a use that is not otherwise allowed in that zone (for example,a commercial use may not be approved in a ► Are the proposed conditions reasonably residential zone by variance).In addition,economic related to the use proposed byahe variances 12 nnnn7 .. THE PLANNING COMMISSIONER'S BOOK Conditional Use Permit Considerations Commissioners should be able to answer the following questions alfirmativety when approving a conditional use''permit.: ► Is the site appropriate for the proposed use? ► `Is the proposed use,as conditioned,compatible with its surroundings and with the uses of nearby(ands.? ► is the pro}ett design,as conditioned,suited to the slier ► As conditioned;wt adequate water(including Ere flows) utilities sewage disposal drainage roads,Erre` protection,and`ather services be provided to the project ► .if significant environmentaE effects have been Identified as a result of the proposed CUP,have conditions been required(or the project redesigned)to mitigate those effects? SUBDIVISIONS In general,land cannot be subdivided in California be subject to conditions that the subdivider must without local government approval.Dividing land for sale, meet within a specific time period.At this stage,while lease or financing is regulated by local ordinances based on conditions remain to be met,no lots have been the state Subdivision Map Act(commencing at Govern- officially approved. ment Code section 66410).The local general plan and the zoning,subdivision,and other ordinances govern the 2 Approval of the"final map."When all of the condi- design of the subdivision,the size of its lots,and the types tions set out in the approved tentative map have been of improvements that will be required as conditions of satisfied,and compliance certified by city or county approval. officials,the city council or county board of supervi- sors will approve a final map.Unlike a tentative map, Subdivision Types which can be denied if it does not meet city or county standards,the final map must be approved(with There are basically two kinds of subdivision:parcel some exceptions)if it substantially complies with the maps,which are limited to divisions resulting in fewer than previously approved tentative map.The subdivider 5 lou(with certain exceptions),and final or tract map may now record the map at the County Recorder's subdivisions,which create 5 or more lou.Local ordi- office. nances apply less stringent development standards to parcel maps than to tract maps. Subdivision approval is conditioned upon the subdi- vider providing public improvements such as streets, Processing drainage facilities,water supply or sewer lines to serve the subdivision.They may also be required to dedicate park Tract maps and,where provided by local ordinance, land to the community.These improvements must be parcel maps are approved in two stages. installed or secured by bond before the city or county will grant final map approval and allow the subdivision to be Consideration of a"tentative map."Upon receiving an recorded in the county recorder's office. application for a tentative subdivision map,the city or Lots within the subdivision cannot be sold and are not county staff will examine the design of the subdivision legal divisions of land until a final map has been recorded. to ensure that it meets the requirements of the The subdivider has at least two years(and with extensions, general plan and the subdivision ordinance.An usually more)in which to comply with the improvement environmental impact analysis must be done and an requirements,gain final administrative approval,and advertised public hearing held before a tentative map record the final map. is considered for approval.If approved,the map will 13 THE PLANNING COMMISSIONEEVS BOOK Subdivision Considerations Commissioners should be able to answerthe following questions.affirmatively when approving a subdivision map: Is the proposed map consistent with the general plan and any applicable sped ficplans Is the proposed design or improvement Of the subdivision consistent with the general plan and any apphcab[e specific ptans� . Is the site physically suited to the proposed type and'denstty^of deyetopment. Is the design of thesubdivislon Or type of Improvements unlikely to cause serious public health probiems� Is the design of the subdivision or the proposed improvements unlikelyto cause either substantial environmental damage or substantially and avoidably Injure fish orwtiwitdlife or their habrtatr <. Have adequate conditions been applied to the approval(or the protect redesigned)to !gat e the environmental effects identified in`the environmental analysis done for the projectt';. Are all dedications and impact fees reasonably related to the`Impacts resuking from the subdivision? If a mitigated negative declaration or EIR have been adopted or certified for the project,have the mitigation measures identified therein been made conditions of approval or otherwise required as part`of the approval? THE CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA) The California Environmental Quality Act(commencing determining whether or not a project will significantly at Public Resources Code section 21000)requires local impact the environment and,when necessary,for analyz- and state governments to consider the potential environ- ing the project's possible environmental impacts(or mental effects of a project before making a decision on it. contracting for this work to be done under its direction). CEQA's purpose is to disclose the potential impacts of a The planning department is usually lead agency in local project,suggest methods to minimize those impacts,and planning matters. discuss project alternatives so that decision-makers will have full information upon which to base their decision. Analysis CEQA is a complex law and the following discussion is extremely general.Refer to the California Environmental Analyzing a project's potential environmental effects is Quality Act Guidelines or ask your planning staff for a multi-step process.Many minor projects,such as single- specific information.Information is also available online at family homes,remodeling,and accessory structures are the Resources Agency's website:http://ceres.ca.gov/ exempt from the CEQA requirements(for a complete list cega. see the California Environmental Quality Act Guidelines). The role of the planning commission in the environ- Exempt projects receive no environmental review. mental review process varies among jurisdictions depend- When a project is subject to review,the lead agency ing upon local environmental review procedures.In some prepares an"initial study"to assess the potential adverse cities and counties,the commission conducts hearings on environmental impacts.If the project will not cause a . draft environmental impact reports(note:CEQA does not significant impact on the environment or if it has been require public hearings during the preparation of an redesigned to eliminate any impacts,a"negative declara-. environmental impact report or negative declaration, tion"is written.If significant environmental effects are however some jurisdictions choose to hold them).In identified,then an Environmental Impact Report(EIR) others,the commission has no active role. must be written before the project can be considered by decision makers.Upon approval of a project for which a Lead Agency negative declaration is adopted or an EIR certified,the city or county must also adopt a monitoring program to 40 The agency with the principal responsibility for issuing ensure that the mitigation measures will be completed as permits to a project(or for carrying out the project)is required. called the"lead agency."As such,it is responsible for 14 OU®016 THE PLANNING COMMISSIONER'S BOOK Negative Declaration Environmental Impact Report(EIR) A negative declaration describes why a project will not An EIR discusses the proposed project,its environ- have a significant impact and may require that the project mental setting,its probable impacts,realistic means of incorporate a number of"mitigation measures"to ensure reducing or eliminating those impacts,its cumulative that there will be no significant impacts resulting from the effects in the context of other development,and realistic project.A negative declaration cannot be used when project alternatives.CEQA requires that Negative significant impacts are not totally eliminated.Also,when a Declarations and draft EIRs be made available for review project consists of several parts,a negative declaration by the public and other agencies prior to consideration of cannot substitute for an EIR if the total project will cause the project.The review period(a minimum of 20 days for environmental impacts. Negative Declarations and a minimum of 30 days for draft ffgfare<2 Simolirled CEO Flowchart Initial Project Review Not exempt from CEQA, Exempt from CEQA, project may have significant environmental effects no further review Prepare an`Initial Study" No significant effects Significant effects or all effects mitigated possible Negative Declaration Draft EIR written written Public Review Period Public Review Period Note. Final EIR completed This Chart illustrates the three common paths'for project processrng Consideration&Approval Consideration&Certification Processing times and the of ND by decisionmakers of FEIR by decisionmakers level of coritplexrty Of ' Negative Dectarotrons and E►Rs are notafie same . Prosect Decision made 15 00001'7 THE PLANNING COMMISSIONER'S BOOK EIRs)allows concerned citizens and agencies to comment identified in the EIR,the city council or board of supervi- on the contents and adequacy of the environmental cors must state,in writing,its overriding reasons for document prior to its completion.The final EIR must granting the approval.In addition,when mitigation incorporate written responses to the comments submitted measures are adopted as a result of a negative declaration by reviewers. or EIR,the council or board must enact a program for In 1993,a master EIR was also included as a choice reporting on or monitoring the implementation of those when completing an environmental assessment,(AB 1888). measures. Under this chapter,a master EIR may be prepaed for a Both negative declarations and EIRs are objective, variety of projects to evaluate the cumulative impacts, informational documents.They neither approve nor deny growth inducing impacts,and irreversible significant effects a project.Environmental analysis must be done as early as on the environment.The review of each project is possible in the process of considering a project and must substantially reduced due to their impacts having been address the entire project.The CEQA Guidelines de- reviewed and mitigated in a certified master EIR. scribes the several different types of EIRs that may be When the city council or board of supervisors ap- prepared.Tracking CEQA Mitigation Measures Under AB proves a project,it must certify the adequacy of the 3180(published by the Office of Planning and Research) Negative Declaration or EIR.If its decision to approve a can help design a mitigation reporting or monitoring project will result in unavoidable significant impacts,as program. THE PERMIT STREAMLINING ACT This law sets time limits for governmental action on Generally speaking,local government must take action some types of projects(see Government Code sections on administrative projects within 180 days of the date 65920-65963.1).Failure to act within those time limits can upon which the project's final EIR is certified.This period mean automatic approval of a project.The act applies to is 60 days when a negative declaration is adopted or the discretionary projects(those which the local government project is exempt from CEQA.A project may be auto- has the power to deny or conditionally approve)which matically approved under the Act if the jurisdiction fails to are"adjudicative"in nature',An adjudicative decision make a decision within the time limit and the developer applies existing policies and regulations to a particular takes certain actions to provide public notice. situation.Use permits,subdivisions,and variances are all if you have questions about how the Permit Streamlin- actions subject to the Permit Streamlining Act.The Act ing Act applies to a particular project,check with your does not apply to the adoption or amendment of a general planning staff or city attorney/county counsel. plan or of a zoning ordinance. ANNEXATION AND INCORPORATION The planning commission is not directly involved in the Annexation approval of annexations nor in the city incorporation process.However,these are subjects with which a When the LAFCO receives an annexation request,it planning commissioner should be generally familiar. will convene a hearing to determine the worthiness of the Annexation(the addition of territory to an existing proposal.Annexations may be requested by affected city)and incorporation(creation of a new city)are landowners or by a city.In cases where the proposed controlled by the Local Agency Formation Commission annexation is being initiated by a city,its planning commis- (LAFCO)established in each county by state law.A sion may be asked to study the proposal before a formal LAFCO is made up of elected officials from the county, application is filed with the LAFCO. cities,and,in some cases,special districts.LAFCO duties The LAFCO will deny,approve or conditionally include:establishing the"spheres of influence"that approve annexation proposals based on its policies and designate the ultimate service areas of cities and special state law(for example,annexation cannot occur unless districts;studying and approving requests for city annex- the LAFCO has adopted a sphere of influence for the city ations;and,studying and approving proposals for city and the area proposed to be annexed is within the city's incorporations.Following is a very general discussion of sphere).The LAFCO delegates tentatively approved annexation and incorporation procedures.For detailed annexation requests to the affected city for hearings and,if information on this complex subject,contact your county necessary,an election.Annexations which have been LAFCO. passed by vote of the inhabitants or which have not been 16 THE PLANNING COMMISSIONER'S BOOK i defeated by protest(in those instances where no election actual authority over land uses in county areas.This • was required)must be certified by the LAFCO and meet planning anticipates the eventual annexation of land into all its conditions before they become final.The LAFCO, the city. not the city,has final responsibility for the annexation It process. Incorporation The Sphere of Influence When a new city is proposed to be formed,the LAFCO studies the financial feasibility of the proposed The sphere of influence is a plan for the probablecity,its financial impact on the county and special districts, ultimate physical boundaries and service area of a city or and the provision of public services.If the proposal cannot special district.The LAFCO is responsible for establishing be shown to be feasible,the LAFCO can terminate the a sphere for each city andspecial district in the county. proceedings.If the proposed city appears to be feasible, The purpose of the sphere is to act as a benchmark for LAFCO will refer the proposal(and a set of conditions to future annexation decisions. be met upon incorporation)to the county board of Cities cannot establish their own sphere of influence. supervisors fora public hearing to be held.Incorporation The LAFCO has sole responsibility for doing this.How- proceedings are terminated if the supervisors receive ever,a city may request that the LAFCO amends its protests from a majority of the voters residing within the sphere. proposed city boundaries.If they do not receive a majority Some cities use their sphere of influence as a conve- protest,an election will be held on the question of nient boundary for their general plan.These cities plan whether to create the city and to elect city officials. beyond their city limits although they usually have no S 17 THE PLANNING COMMISSIONER'S BOOK Part Four one Glossary of Common PlanningTerms Accessory Use granted,the developer must meet certain conditions to An activity or structure that is incidental to the main use of harmonize the project with its surroundings. a site. Dedication Building Envelope A grant of private land to a public agency for public use. The space remaining on a site for structures after all Dedications are often used to obtain roads and parkland building setback,height limit,and bulk requirements have needed to serve a project. been met. Density Bonus Capital Improvement Program An increase in the allowable number of residences granted A timetable for the installation of permanent public by the city or county in return for the project's providing structures,facilities,roads,and other improvements based low-or moderate-income housing.(see Government upon budget projections. Code section 65915) CEQA Density Averaging(or Transfer) The California Environmental Quality Act(see Public The density of development on a portion of a site is Resources Code section 2100.CEQA requires that allowed to exceed usual limits provided that the overall private and public projects'potential adverse effects upon density of the site does not do so.Density increases in one the environment be reviewed by decision-makers. area are offset by a corresponding decrease in allowable density in another part of the site. Charter City . A city which has been incorporated under its own charter Design Review Committee rather than under the general laws of the state.Charter A group appointed by the city council to consider the cities have broader powers than do general law cities. design and aesthetics of development within all or a portion of the community. Cluster Development Development which is clustered in a portion of a site, Development Agreement leaving the remainder in open-space.The amount of A binding contract between a developer and a city or development allowed equals the amount that would have county establishing the conditions under which a particular otherwise been allowed on the entire site. development may occur.The local government"freezes" the regulations applicable to the site for an agreed upon COG period of time.(see Government Code section 65864) Council of Governments.California's 25 COGS are regional planning agencies concerned primarily with Development Fees transportation planning and housing;they do not directly Fees charged as a precondition to construction or regulate land use.Elected officials from each of the cities development approval.The most common are: (1) and counties belonging to the COG make up its governing impact fees(such as parkland acquisition fees,school board. facilities fees,or street construction fees)related to funding public improvements necessitated in part or in Community Plan whole by the development;(2)connection fees(such as A portion of the local general plan that focuses on a water fees)to cover the cost of installing public services to particular area or community within the city or county. the development;(3)permit fees(such as building permits Community plans supplement the contents of the general or grading permits)for the administrative costs of process- plan. ing development plans;and,(4)application fees(rezoning, variance,etc.)for the administrative costs of reviewing and Conditional Use Permit(CUP) hearing development proposals. A permit authorizing a use not routinely allowed on a particular site,subject to a public hearing.If approval is 18 THE PLANNING COMMISSIONER'S BOOK Downzone "Granny"Housing A change of zoning to a more restrictive zone(for An accessory dwelling for one or more elderly persons example,from multi-family residential to single-family that is attached to or separate from a main residence. residential). Government Code section 65852.1 allows cities and counties to approve such units in single-family neighbor- EIR hoods. Environmental Impact Report.A detailed review of a proposed project,its potential adverse impacts upon the Growth Management . environment,measures that may avoid or reduce those A local program limiting the rate of community growth. " impacts,and alternatives to the project. Growth management strategies vary,but they can include capping the annual number of building permits,relating Easement allowable development intensity to certain levels of The right to use property owned by another for a specific infrastructure service or limiting the location of new purpose.Power line easements are a common example. development. Eminent Domain Impact Fees The right of government to take private property for See Development Fees. public use upon the payment of just compensation to the owner.This is also called condemnation(condemnation Infrastructure can also mean the closing of an unsafe structure by a A general term for public and quasi-public utilities and public agency to protect the community safety). facilities such as roads,bridges,sewer plants,water lines, power lines,fire stations,etc. Exaction A fee or dedication required as a condition of develop- Initial Study ment permit approval. An analysis of a project's potential environmental effects and their relative significance.An initial study is preliminary Final Map Subdivision(also,tract map or major to deciding whether to prepare a negative declaration or subdivision) an EIR. Land divisions creating 5 or more lots.They are generally subject to stricter standards than parcel maps.Require- Initiative menu may include road improvements,the construction A ballot measure which has qualified for election as a of drainage and sewer facilities,park land dedications,and result of voter petition.At the local level,initiatives usually more. focus on changes or additions to the general plan and zoning ordinance.The initiative power is reserved for the Findings public by the California Constitution. The legal"footprints"which an agency must leave to bridge the analytical gap between the raw data considered Inverse Condemnation by the agency and its ultimate decision.They expose its The illegal removal of property value through excessive mode of analysis of facts,regulations,and policies. government regulation.Legal advice should be sought before proceeding in cases of potential inverse condemna- Floor Area Ratio(FAR) tion. - A measure of development intensity.FAR is the ratio of the floor area of a building to the area of its site.For LAFCO instance,both a two-story building that covers an entire The Cortese/Knox Act(see Government Code section lot and a four-story building that covers 1/2 of a lot have 56000)establishes a Local Agency Formation Commission FARs of 2. in each county.A LAFCO is made.up of elected officials from the county,cities,and,in some cases,special General Law City districts.It administers the state law governing city A city incorporated under and subject to the general laws incorporation and annexation proposals. of the state. Mitigation Measure General Plan The California Environmental Quality Act requires that A statement of policies,including text and diagrams, when an environmental impact or potential impact will setting forth objectives,principles,standards,and plan occur,measures must be proposed that will eliminate, proposals,for the future physical development of the city avoid,rectify,compensate for or reduce that effect. or county.(see Government Code section 65300) 19 THE PLANNING COMMISSIONER'S BOOK Moratorium portion of the community.Specific plans put the provisions A halt to new development',or the issuance of permits. of the local general plan into action(see Government Moratoria are often imposed while a new general plan or Code section 65450). zoning ordinance is written or when sewer or water facilities are inadequate to serve additional development. Sphere of Influence (See Government Code section 65858) A plan for the"probable physical boundary and service area of a local agency"as approved by the LAFCO.It Negative Declaration identifies the area available to a city for future annexation. A negative declaration is written when a project is subject However,unless another arrangement has been made,the to CEQA,but will not have`a significant effect upon the city has no actual authority over land outside its city limits. environment.The negative declaration describes why the project will not have a significant effect and may propose Spot Zoning. measures that avoid all possible effects. The zoning of an isolated parcel in a manner which is inconsistent or incompatible with surrounding zoning or Nonconforming Use land uses,particularly if done to favor a particular land- A land use which does not meet current zoning require- owner.A conditional use permit is not a spot zone. ments. Strip Development Overlay Zone Commercial and high-density residential development A zone which is superimposed upon other zoning.Overlay located adjacent to major streets.This type of develop- zones are used in areas which need special protection(as ment is characterized by its shallow depth,street-oriented in a historic preservation district)or have special problems layout,lack of unified design theme,and numerous points (such as steep slopes or flooding).Development of land of street access.It impedes smooth traffic flow. subject to an overiay must comply with the regulations of both zones. Tentative Map The map or drawing illustrating a subdivision proposal. Parcel Map The city or county will conditionally approve or deny the A minor subdivision resulting in fewer than 5 lots. proposed subdivision based upon the design depicted on the tentative map. Planned Unit Development(PUD) Land use zoning which allows the adoption of a set of Tract Map development standards that are specific to a particular See final map subdivision. project.PUD zones usually do not contain detailed development standards;those are established during the Transportation Systems Management(TSM) process of considering proposals and adopted by ordi- A program coordinating many forms of transportation nance upon project approval. (car,bus,carpool,rapid transit,bicycle,etc.)in order to distribute the traffic impacts of new development.Instead Referendum of emphasizing road expansion or construction,TSM A voter challenge to legislative action taken by a city examines methods of increasing road efficiency. council or county board of'supervisors.If enough voters' signatures are filed before the legislative action becomes Variance final,the council or board must either rescind its decision A limited waiver from the requirements of the zoning or call an election on the issue.The California Constitution ordinance.Variance requests are subject to public hearing guarantees the public's power of referendum. and may only be granted under special circumstances. School Impact Fees Zoning Fees imposed on new developments to offset their Local codes regulating the use and development of impacts on area schools. property.The zoning ordinance divides the city or county into land use districts or"zones",illustrated on zoning Setback maps,and specifies the allowable uses within each such The minimum distance required by zoning to be main- zone.It establishes development standards such as tained between two structures or between a structure and minimum lot size,maximum structure height,building a property line. setbacks,and yard size. Specific Plan A plan addressing land use distribution,open space availability,infrastructure,and infrastructure financing for a 20 THE PLANNING COMMISSIONER'S BOOK Part Five o e 1!%, For Further Reference Alternative Techniques for Controlling Land Use: Open and Public:A User's Guide to the Ralph M. A Guide to Small Cities and Rural Areas in Brown Act(League of California Cities), 1994.A California,by Irving Schiffman(Institute of Government discussion of the laws,court decisions,and attorney general's Affairs,University of California,Davis), 1982,88 pp. opinions relating to the requirements of the Ralph M.Brown Explains techniques such as duster development,planned unit Act development and the specific plan. The Planner's Book of Lists(Governors Office of Bridging the Gap:Using Findings in Local Land Planning and Research,Sacramento,CA),issued yearly. Use Decisions,by Robert Cervantes(Governors Office The address and phone number of each planning department of Planning and Research,Sacramento,CA), 1988, 108 pp. in the state and information on local plans and ordinances. A guide to the requirements for making findings to support land use decisions. A Planner's Guide to Financing Public Improve- ments,by Antero Rivasplata(Governor's Office of California Environmental Quality Act: Statutes Planning and Research,Sacramento,CA),revised 1997. and Guidelines(Governors Office of Planning and This is an introduction to some of the financing options Research,Sacramento,CA), 1997, 179 pp.The require- available to local governments in California,including general ments for evaluating and assessing environmental impacts. taxes,special taxes,developer fees and exactions,special assessments,and leasing. California Land Use and Planning Law, 18th edition, by Daniel J.Curtin,Jr.(Solano Press,Pt.Arena,CA), The Planning Commissioner's Guide— Processes 1998,revised annually.The planning,zoning subdivision, for Reasoning Together,by David J.Allor(APA and environmental quality laws explained,with an emphasis Planners Press,Chicago,IL), 1987.A guide to understand- on legal requirements and references to numerous court cases. ing and improving the decision making process. The Conditional Use Permit(Governor's Office of Planning,Zoning,and Development Laws Planning and Research,Sacramento,CA), 1997,8 pp. (Governor's Office of Planning and Research,Sacramento, Legal requirements for conditioinal use permit processing. CA), 1998,revised yearly.Available only through the Internet as a downloadable document at The General Plan Guidelines(Governor's Office of http://ceres.ca.gov/planning/pub_org.html. Planning and Research,Sacramento,CA),November A compilation of the various state codes relating to planning 1990,368 pp.How to write or revise a general plan and how including the Subdivision Map Act to implement that plan. "The Role and Responsibility of the Planning Guide to the California Environmental Quality Commissioner"(Pappas Telecommunications,Fresno, Act,by Michael H.Remy,Tina A.Thomas,James G. CA), 1987,40 minute videotape(available for purchase Moore,and Whitman F.Manley(Solano Press,Pt.Arena, from the League of California Cities(916/444-5790). CA), 1996,447 pp.A technical guide to CEQA statutes and case law. Sources:An Annotated Bibliography for Califor- nia Planners,by Antero Rivasplata(Governors Office of Guide to the Cortese/Knox Local Government Planning and Research,Sacramento,CA),revised May Reorganization Act of 1985,by the Assembly Local 1995, 16pp.A list of over 100 books and periodicals covering Government Committee(joint Publications Office, planning-related topics from developer fees to urban design. Sacramento,CA), 1996,249 pp.The annexation and incorporation law,with a flowchart for these procedures. The Planner's Guide to Specific Plans,by Gregg McKenzie,et al.(Governor s Office of Planning and The Job of the Planning Commissioner,4th edition, Research,Sacramento,CA), 1998,51 pp.Everything you by Albert Solnit(APA Planner's Press,Chicago,IL), 1987, could want to know about specific plans. 40 218 pp.All about the job,from dealing with staff to conduct- ing successful meetings and legal requirements. 21 THE PLANNING COMMISSIONER'S BOOK Tracking CEQA Mitigation Measures Under AB Websites: 3180,by Robert Cervantes,et al.(Governor's Office of Planning and Research,Sacramento,CA), 1996.This Cyburbia provides basic information on the mitigation monitoring or http://www.arch.bufWo.edu/pairc/index.htm reporting requirements established by AB 3180(Chap. 1232, This site of the architecture school at the State University of Stats.of 1988)and local government programs developed in New York,Buffalo,links to sites from Architecture to Planning response to that bill. and everything in between. The Variance(Governors Office of Planning and The land Use Planning and Information Network Research,Sacramento,CA),November 1997,8 pp. (LUPIN) Background and detailed discussion of the variance and its http://ceres.ca.gov/planning legal requirements. A rich resource for information(including a free online source for most of OPR's.planning publications).links to many sites. "Why Pian:A Primer for the Concerned Citizen" (Pappas Telecommunications,Fresno,CA), 1987,30 minute videotape(available for purchase from the League of California Cities(916/444-5790). 22 RESOLUTION NO. 35-81 RESOLUTION ADOPTING PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS The Council of the City of Atascadero hereby resolves as . follows : Section 1. Purpose. The purpose of this resolution is to establish procedures for the City Council to follow in recruiting, selecting and appointing members to the standing committees, commissions or boards created pursuant to statute or by action of the City Council. Section 2. Recruitment and Eligibility. Announcements of openings for any committees, commissions or boards to which members are appointed by the City Council will be through the local news media. All electors of the City of Atascadero, over the age of 18, and meeting any announced additional criteria as established by the City Council shall be eligible to apply. Section 3. Interviews. All candidates meeting the criteria established in Section 2 will be interviewed by the City Council during a properly noticed meeting. Section 4. Selection. a. Council members will vote for the candidate (s) of their choice by placing their name and circling the name of their selection (s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will col- lect the ballots and will announce first the Council member ' s name and second the name (s) of the candidate(s) of that Council member ' s choice (s) . C. The candidate or candidates receiving a majority of the votes of the Council members present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run- off ballot or ballots will be cast, following the proce- dure of sub-paragraph a. above,, until a majority is reached. The run-off candidates will consist of all candidates receiving at least two (2) votes and if no l candidates have received at least two (2) votes, then / those receiving at least one (1) vote will participate in the run-off balloting. This procedure shall be con- tinued until a majority vote is cast. . Resolution No. Cc. lission Selection P c . rocedur�. On motion by Councilman Mackey , and seconded by Councilman Nelson , the foregoing resolution is hereby adopted. in its entirety on the following roll call vote: )AYES: . . Councilman Highland, Makey, Nelson, Stover and Mayor Wilkins NOES: Npne ABSENT: None w ADOPTED: November 9 , 1981 ROBERT 6S, JR. , ayo ATTEST: MIPRAY /Le WARDEN, City Clerk J APPROVED AS TO FORM: ALLEN GRIMES, City Attorney RESOLUTION NO. - 02 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING REVISED PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS WHEREAS, the Atascadero City Council recognizes that'citizen participation in local government plays an important and active role in the City of Atascadero; and WHEREAS, the Atascadero City Council has established committees, commissions and boards to assist in the conduct of municipal affairs; and WHEREAS, the Atascadero City Council did adopt Resolution No. 35-81 on November 9, 1981 establishing selection procedures for committees, commissions and boards; and WHEREAS, the Atascadero City Council desires to update and revise said selection procedures. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1 . Purpose. The purpose of this resolution is to revise established procedures for the Council to follow in recruiting, selecting and appointing members to City committees, commissions and boards created pursuant to statute or by action of the City Council. Appointments and replacements will be made pursuant to the provisions of Government Code Section 54970 et seq., and the following. SECTION 2. Recruitment and Eligibility. Announcements of openings for any committee, commission or board to which members are appointed by the City Council will be coordinated by the City Clerk. Any person desiring to be considered for appointment to any City committee, commission or board shall complete an application provided by the City Clerk. Applications are accepted year-round and shall remain on file for a period of six months from the date received. Applicants may be considered for future vacancies, for the specific committee, commission or board for which they applied, should a vacancy occur during the six month period. All applicants shall be residents and registered voters of the City of Atascadero over the age of 18, and meeting any announced additional criteria as established by the City Council shall be eligible to apply. All appointees are subject to financial disclosure, pursuant to the Political Reform Act. SECTION 3. Interviews. All candidates meeting the criteria established in Section 2 may be interviewed by the City Council during a properly noticed meeting. Interviews will be open to the public. Resolution No 02-95 Page Two SECTION 4. Selection. a. Council members will vote for the candidates) of their choice by placing their name and circling the name of their selection(s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will collect the ballots and will announce first the Councilmember's name and second the name(s) of the candidate(s) of that Councilmember's choice(s). Results of each individual Councilmember vote will be a matter of public record. C. The candidate or candidates receiving a majority of the votes of the Councilmembers present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run-off ballot or ballots will be cast, following the procedure of sub-paragraph a. above, until a majority is reached. The run-off candidates will consist of all candidates receiving at least two (2) votes and if not more than one of the candidates have received at least two (2) votes, then all those receiving at least one (1) vote will participate in the run-off balloting. This procedure shall be continued until a majority vote is cast. On motion by Councilperson Luna and seconded by Councilperson Johnson,the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmember Carden, Highland, Johnson, Luna and Mayor Bewley NOES: None ABSENT: None ADOPTED: January 10, 1995 ATTEST: CITY OF ATASCADERO w i , By: LEE PRICE, City Clerk DAVID BEWLEY, Ma or a Resolution No. 02-95 Page 3 APPROVED AS TO FORM: ARTHER R. MONTAN ON, City Attorney RESOLUTION NO. 23-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CALIFORNIA, ADOPTING REVISED PROCEDURES FOR THE SELECTION OF COMMITTEE, COMMISSION AND BOARD MEMBERS WHEREAS, 1. The Atascadero City Council, recognizes that citizen participation in local government plays an important and active role in the City of Atascadero; and WHEREAS, 2, The Atascadero City Council has established committees, commissions and boards to assist in the conduct of municipal affairs; and WHEREAS, 3. The Atascadero City Council did adopt Resolution No. 35-81 on November 9, 1981 establishing selection procedures for committees, commissions and boards; and WHEREAS, 4. The Atascadero City Council did adopt Resolution No. 23-95 revising Resolution 35-81, establishing selection procedures for committees, commissions and boards; and WHEREAS, 5. The Atascadero City Council desires to update and revise said selection procedures; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Purpose. The purpose of this resolution is to revise established procedures for the Council to follow in recruiting, selecting and appointing members to City committees, commissions and boards created pursuant to statute or by action of the City Council. Appointments and replacements will be made pursuant to the provisions of Government Code Section 54970 et seq., and the following. SECTION 2. Recruitment Nomination. and Eli ibility. Announcements of openings for any committee, commission or board to which members are appointed by the City Council will be coordinated by the City Clerk. Any person desiring to be considered for appointment to any City committee, commission or board may complete te an application provided by the City Clerk. Applications are accepted year-round and III � shall remain on file for a period of one year from the date received. Applicants may be considered for future vacancies, for the specific committee, commission or board for which they applied, : should a vacancy occur during the year. At any regularly scheduled or a special council meeting properly noticed for that purpose, any member ' of the City Council may also nominate a person to be considered for appointment to any City committee, commission or board. Resolution 23-97 Page Two All applicants and nominees shall be a resident and registered voter of the City of Atascadero, and shall meet any announced additional criteria as established by the City Council All appointees are subject to financial disclosure, pursuant.to the Political Reform Act. SECTION 3. Interviews. All applicant and nominees meeting the criteria established in Section 2 may be interviewed by the City Council during a properly noticed meeting. Interviews, if held, will be open to the public. SECTION 4. Selection. a. Council members will vote for the candidate(s) of their choice by placing their name and circling the name of their selection(s) on a ballot form provided by the City Clerk. Candidates' names will be placed in alphabetical order on the ballot form. b. After the City Council has had an opportunity to make its individual determination, the City Clerk will collect the ballots and will announce first the Councilmember's name and second the name(s) of the candidate(s) of that Councilmember's choice(s). Results of each individual Councilmember vote will be a matter of public record. C. The candidate or candidates receiving a majority of the votes of the Councilmembers present shall be appointed. In the event that no candidate or candidates receive a majority vote or in the event of a tie vote, then a run-off ballot or ballots will be cast, following the procedure of sub-paragraph a. above. The run-off candidates will consist of all candidates receiving at least two (2) votes and if not more than one of the candidates have received at least two (2) votes, then all those receiving at least one (1) vote will participate in the runoff balloting. This procedure shall be continued until a majority vote is cast, or until a majority of the council votes to reopen nomination. In such event the matter may be tabled until the next regularly scheduled council meeting for further nominations. On motion by Councilperson Lerno , seconded by Councilperson Carden , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Carden, Clay, Lerno and Mayor Johnson NOES: Councilman Luna ABSENT: None ADOPTED: April 8, 1997 Resolution 23-97 Page Three ATTEST: CITY O SCADER-O Y. MARCIA M. TORGERS N, City Clerk RAYJO S Ma or j � OV ityAttROY rney t } DATE: 12/08/98 y 1918 ® 1979 City Clerk's Agenda Report Marcia M. Torgerson Planning Commission Appointment DISCUSSION: Background: Mike Arrambide was elected to the City Council on November 3, 1998 leaving a vacancy on the Planning Commission. His term on the Planning Commission expires in February 2001 Summary: The City Clerk's office currently has three applications in the Planning Commission pool; William Bright, Geraldine Brasher, and Glenn Small. These applicants were previously interviewed by the Council and their applications are included with this report for your consideration. During the month of November 1998, we received two applications; Susan Jones and Ted Jacobson. Their applications are also included with this report for your consideration. As of December 1, 1998 the City Clerk has solicited applications from the members of the public pursuant to State Law.!; As the deadline for submittal of applications was December 7, 1998 at 5:00 p.m.,the new applications will be distributed to you on Tuesday, December 8, 1998. ATTACHMENTS: 5 Applications 000033 Please return to: \ . CITY CLERK a to 2 1 Vin` 6500 Palma Avenue Room 208 mets', 197W— ' Z Atascadero,CA 93422 H,q' CITY OF ATASCADERO CITY CLERK'S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the. exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: !i(/ /L L��}'I'>� 13816 Hl— RESIDENTIAL JRESIDENTIAL � 42_�9og ADDRESS: �� 575 S��-A �uC!>q /ZO14D Home Phone.`? MIAILING ADDRESS (if different): Work Phone: Are you a resident of the City of Atascadero? c-s How Long? I `>Ctl Are you a registered voter? YesX No Social Security No. OCCUPATION: IR&-7-1 AW10 EMPLOYMENT: Present or last employer's name, address and phone number: a/Ne /NC's 2y17 n���tiHrsR .S�ar�4�' 1.00 . w��" l zS^ -,6 0� 6 Position held and length of employment: dG6,10VV . nj�v#4 66 Q - 2 ye4n5 CN livC-G /^,6 NiC/An>•-g yE S EDUCATION: J4 4 H SCW0 p�.vs I z ti�i o� lyJ�n� 6Em�s n.j Cl.h'�SS'CS T Yh/5 510/) C 0J-J-C6.X- /N 5191--i CLJ` Z� RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: WON/ This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic. Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application �E e Page 1 ` 000034 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: aV 0/V� OTHER CITY COMMISSIONS; COMMITTEES OR BOARDS PREVIOUSLY-OR CURRENTLY SERVING ON: OV(71u How did you learn about this vacancy? Newspaper Article X Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment_ Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: /Z2/ Board, Committee & Commission Application Page 2 000035 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. My wife and I plan to live here for a long time, and I think that it would be interesting to be part of the process that shapes the city we are living in. I've always believed that more people should participate in the governmental process. 2. Have you ever attended a meeting of the Planning Commission?_Yes X No 3. What is it about the Planning Commission that interests you? What qualities, experience, and expertise would you bring to the Planning Commission? The interesting part of being on the Planning Commission is being at the center of the development of Atascadero. My previous job as the Alameda regional manager for an international engineering and program management firm required me to deal with a wide variety of customers to define project goals, develop budgets, develop project plans, and complete the required project work. This had to be done on time and in budget. I had up to 17 employees working on various projects and was responsible for monitoring their progress and providing necessary direction. 4. In your view, what is the function of the Planning Commission? The function of the planning commission is to review specific issues relating to development, and advise the city council as to the appropriateness of those issues and what action should be taken. 5. How do you see your role as a member of the Planning Commission? I see my role as working with the other members of the Commission to get the best answers to issues that we are asked to study. 000036 Supplemental Application Planning Commission Page 2 b. What are the current issues facing the Planning Commission? i As the central coast grows there is increasing pressure for development. The Planning Commissions job is to provide advice to the city council to balance development with quality of life. t 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. I'm not familiar with the specifics of the City's General Plan other than that the plan is the master document for development of the city and defines types of use for various sections of the city. 8. If appointed, what specific goals would you like to see the Planning Commission achieve? I would like to see the city slowly develop its commercial base, with minimal negative impact on present businesses while maintaining the low density housing that makes this area such a fine place to live. 9. Is there any additional information you would like to share about yourself, please use the following space provided (optional). I am a native of California. I am retired from 22ears in the U. S. Navy. M wife and I Y �'Y Y all es of communities from very rural to high density, so I believe that I have lived m a types ry g y, have a good idea of the benefits and problems associated with those various communities. I hereby certify that the o goin rmation is true and correct. Signature: Date: f �S I Please return to: 1 ® ' to �jj l 6500 Palma Avenue $ �. .� Room 208 s seta "' is7s> Atascadero,CA 93422 CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: GERALDINE WILEY BRASHER RESIDENTIAL 3202 r"ONTEREY RD. 466-5251 ADDRESS: Home Phone: MAILING ADDRESS (if different): Work Phone: N/A Are you a resident of the City of Atascadero? YES How Long? 11 years this time Are you a registered voter? Yes X No Social Security No. — — 9862 OCCUPATION: RETIRED EMPLOYMENT: Present or last employer's name, address and phone number: Position held and length of employment: EDUCATION: ENGLISH LITERATURE AB LANGUAGE ARTS AMA MISC. OTHER JOB RELATED OR INTEREST RELATED COURSES POST GRAD. RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: 2 YEARS PREVIOUS EXPERIENCE AS PLANNING COMMISSION MEMBER. This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 1 000038 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: DIRECTOR ON BOAAD, OF ATASCADERO HISTORICAL. SOCIETY DIRECTOR ON BOARD OF AMIERICAN ASSOCIATION OF-UNIVERSITY !'^ODIEN—ATASCADERO DIRECTOR ON BOARD OF ATASCADERO LAND PRESERVATION SOCIETY MEMBER NORTH COUNTY HUMANE SOCIETY MEMBER FRIENDS OF THE LIBRARY OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR CURRENTLY_SERVING rmrn NN,TTrr'_ eG�4114Ii3STO T How did you learn about this vacancy? Newspaper Article X Newspaper Ad _ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are tru and correct. Signatur Date: 1/29/98 Board, Committee & Commission Application Page 2 000039 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. I BELIEVE. THAT IT IS THE. RESPONSIBILITY 'OF ALL CITIZENS TO ENGAGE IN PUBLIC SERVICE WHENEVER POSSIBLE,. SINCE .I SERVED ON THE COMMISSION FROM 198�8.�TO�7�179��97T0�, I77�FEEL THAT MY PREVIOUS _EXPERIENCE —1-;LD . A-N-r- S4B 1N GGOD STEAD AND E*O _BLE PIE T�TTTDTQ;--E T,RFECTIV LY TO THE PRESENT COMMISSION. 2. Have you ever attended a meeting of the Planning Commission? X Yes _ No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? LAND USE DECISIONS HAVE THE MOST PROFOUND INFrUFNCE UPON WHAT_ HAPPENS TO A COMMUNITY AND ITS CITIZENS. SINCE PLANNING COMMISSIONS ARE INVOLVED IN THESE DECISIONS, SUBJECT ALWAYS, OF COURSE, TO THE WILL OF THE CITY COUNCIL, I FEEL THAT MEI:•"_BERSHIP ON THE COD"MISSION WOULD BEAN HONOR AND A REAL OPPORTUNITY TO SERVE,. I WOULD BRING MY PREVIOUS EXPERIENCE ON THE CW,9-1ISSION TO THE CURRENT COMMISSION. 4. In your view, what is the function of the Planning Commission? TO EVALUATE ALL LAND USE REQUESTS THE COME BEFORE IT.. USING AS EVALUATION CRITERIA THE STAFF REPORT , :' THE GENERAL PLAN, AND FIELD OBSERVATION, THEN TO APPROVE OR DENY THESE. REQUESTS BASED UPON THESE CRITERIA. - 5. How would you see your role as a member of the Planning Commission? WORKING IN CONCERT WITH MY FELLOW COMMISSIONERS , I WOULD ATTEMPT TO PARTICIPATE IN WISE DECISIONS RELATING TO LAND USE. ` . 000040 Supplemental Application Planning Commission Page 2 6. What are the current issues facing the Planning Commission. I DON'T UNDERSTAND THIS QUESTION. ISSUES BEFORE THE COMMISSION AL[W]AYS CONCERN LAND USE. 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. YE'S_I ADI. FAMILIAR WITH THE GENERAL PLAN. I BELIEVE THAT IT SHOULD BE THE COMMISSION'S "BIBLE" SO TO SPEAK. MANY THOUGHTFUL, INTELLIGENT AND CONSCIENTIOUS CITIZENS PUT IN COUNTLESS HOURS DEVELOPING THIS D _ THE , _ TY AND ITS CITIZENS 'FISHED TO TAKE. ALTHOUGH MOST DOCUMENTS SHOULD BE SUBJECT.-TO.-MINOR MODIFICA`T'IONS AS 'T'IMES AVID CIRCUMSTATNCES CHATNGE. NO CHANGED 'SHOULD EVER BE UNDERTAKEN LIGHTLY 'OR MERELY TO SATISFY THE' WHIMS' 'OF 'INDIVIDUALS ! AT ALL TIMES THE ZO'NG TERD1.-GOOD',.QF::THE COMMUNITY AS A WHOLE MUST BE CONSIDERED; 8. If appointed, what specific goals would you like to see the Planning Commission achieve? THIS QUESTION' CANNOT BE ANSWERED IN TERMS OF SPECIFICTY. GENERALLY SPEAKING, THE CWIMISSION SHOULD ATTEMPT TO SEE THAT ALL DEVELOPMENT IN THE COMMUNITY ADHERED TO THE GUIDELINES LAID DOWN IN THE GENERAL PLAN. 9. If there is additional information you would like to share about yourself, please use the following space provided (optional). I hereby certify at the foregoi g informati true and orrect. Signatur Date: 000041 „ Please return to: % \ CITY CLERK ¢'.8ur e•,e: 6500 Palma Avenue J _ . r 3 0 1 3 Room 208 T"'!1919+�', .- 1879>••� Atascadero, CA 93422 CITY 0,AI.CADERO CITY CLERK'S OFFICE ' CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: � 7'+►1 �iv1 RESIDENTIAL r ADDRESS: 22 0 11�h�-�r-E�l � Home Phone: `���o� 7c)(0 MAILING ADDRESS (if different): Work Phone: 5/119 " 9100 Are you a resident of the City of A ascadero? 6S How Long? 5- rs% Are you a registered voter? Yes V /No Social Security No. :9-69-Al IIIo OCCUPATION: EMPLOYMENT: Present or last employer's name, address and phone number: - ZO2- HA -Ta1 1:. Fa.rrvv\ P—A . S«� Lu.s. Obispo i Cc, , 93.401 _ Position held and length ofiemployment: C o Clc;1 I,�/�G.Y�q I I . wt E1� �Y\�� `C�f L GI�SC+vC��\G+1 _L_�C• SUPCr►nt�'��crt.l l p('bSCN VIIGhac,G� 1!j cS• :Uit •\ �✓^ CtccGt �i-zr.y L,6.v.�0.r��j EDUCATION: \ t �,jC-6�t5� l�a<< �Or-��C0. moo•,-t-v-uc, 4�02 � 19`i•Z-. RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: /5 � ars 6:jaeciAv\[b Cot�StruCh�o'nI �t`L�•: FLGky�b�`I�ESicti� ow•c�l aY•�: • �f�'t.1 1iH C -utw{ Eve S Gv� �i5�av� rs� Atasc-aGA&vim . This application and supplement are "public documents” and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political.Practices regulations. Information will be provided by the City Clerk. Board, Committee & Commission Application Page 1 1. 000042 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: 1 / Gk�UE vv�cw.� �Yl A-,& PoJy �� a ^aeric S . cLvb I �Y1c�+n�ncr- �-- VGlcx�t�br- c�sv -L' t� t�. i�<t tv��C- �r AA+- et& Sri&r'osiS OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY..OR CURRENTLY..SERVING ON: {1a b t vL� Lcorr1��� c�v� �� - toy ,..;v`� tj&'� \h V O t V��I ►Y\ i'A 6 e^f A+a S e--\J&-o Ct S L0 C o�:AA Q C-r✓ V C-hh ;,S. How did you learn about this vacancy? Newspaper Article Newspaper Ad ✓ Community Group Word of Mouth Library City Hall Place of Employment Other (specify): r i ka��EL�, +esu;acro Ae-e-oacsi& P(c wnec-. P/ease completethe attached supplemental questionnaire. Feel free to attach a resume or other information about yourself. I hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: Board, Committee & Commission Application - Page 2 000043 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on the Planning Commission. i'Y1y iy S f t ,yi inn -ty\y o V f-," �> 't•V��' A Gi'�Z� �tCxv�v�:rU Lovr,w.i SiOvt 1 S ..CV s^��' i�`�eC� '� noLo i!5 Q Gu-i l-i Com` -fiwl� i h (��,- C 1 1 �v� Su�G• i SSc,CS ct5 Lane USE S 't A-+ ez-C'%-oaCkv\Ct IDO-a.N -iio:-. 2. Have you ever attended a meeting of the Planning Commission? VYes — No F-ue--sdal)-31nr`v<ajA Zo) 9Rg TLna-hve �artc.I CAA #-1-1 oo(>j cl-I OCYR, 7.,,E G *qE hl�g�Te�aativt perce-I l'�\aP 9-ioo-jt.V'A 05& 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? �,1� �I�r..,.� Cuvv�w.iSiUY� i n�:�s•fS Wt� y,�Cco.i)S E = t��h�- ��V�i/� GIiVSE ci+; Z ►S, nc6r��c c�hbyt •11\& lotsl- I'w -�sfS C'f f-V1E Ci Lar. r�u(� �n�i o;w� c� St �1 �n I-�►� V 'ot� �aw5 �o4'S. nc- Co-5 truC.{10h Cl c, a 'Gh'►6•''l.-\1 CX 0 N 4j1+� �,'Y�c� �il'�L�ir� O:�v' Co�nv�nuni�•� w.l� 1M���- W1� 0. �}>��ti��1 C.�ihC�i U't'LG . t ii�tEc•[-5•i' V 4. In your view, what is the function of the Planning Commission? /J 1 Z -C-li.��..� -�•-1r.E irr.c�.� 'u��.nL-�cV� c=.,� �-Y'� �,c�.v.v..�r-c� C_..orn,wy45�'[7*\ 1 S TG7 '^oi-bC* GJ\A f rwc► C�aIS ,a-Fo�•�os��ncrf a►� aUt�-a11 C'��v-o�-iz�,l^ w1�.; l� pr�v;d��� -�dr- Som cAtVLAofyvNer a a S ort , Sys-kz�v.�.blb �cona .. ;C �a��. 5. How would you see your role as a member of the Planning Commission? .�' �a�� S�� yv�� rod� 4 S c,. vw�iac� � o� -E-�=,w� � Co✓►c.�.,-nE�_ �y� C pvv�rv.i-�� �'�-f-i Z�►S Uv1 i�d GCc,t�� c"Q��10��1 U��oy�' -'-N� ;t'"ct�J'� QVC �'`!✓ V �ilAu� C�JVw-ac � U7 (k5r' �t�� l ll �I �WOJ4 IUCN�� V \r,,4 io ry"J( a. -- a so T -"t W C- CCL, 11000044 Supplemental Application Planning Commission Page 2 _ 6. What are the current issues facing the Planning Commission? wnE e i�tE c c�rJEw� {SSvfS a ANN �ro.w.�Sf�h CaV`E Zd ►T CG+�S;'S�4nC� u rcw+� 1N1ccNa CG��wt SrY:� pkv �0 itn wt (4x& rt ao Al�oG� f-So►� C��v�la �►af)� 4k& (LV JO cxkovtq U►'A64W gc '`11C��ttcy 4 +L•e• A-6a L,de-o E�o:.;��oun Vr1QSt - Qla�, Gltovuw�crEv�#ci�lZcl�i0i1 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. +(e,\,\ Ce 4A 6;b�G�c� Cku Cc:+�^w►�y�� "l� Sty-h, r� . T (��S4E IS�hGi USS ���zn^ C �� ( V►t� 4JOw^ /owl U� IUS4-6, C,V) C �, A-rxA- ` `_(�� �GcS'vcswC L ��V c-i d W1 En�- �.�t✓`��;`�'-�1,io��{b6cnusb�yv�,.` �C.�� Jtbr-;C hc.�r`c�z� J 8. If appointed, what specific goals would you like to see the Planning Commission achieve? +0 5ce t �.e- �cv�o,,,� C��u�la��rE �1 �►• �1�� tw�f�� �„;4c�� fv Wp , r'C v J& a so Cts c-,f obs CL►\A ►n f1r 0.S�f l!C.'�v INr\ 4n& b lklxw ' USI-o1 cc'?i ic'k P,���.,..iN..-t s c..,-,d, pa,rKs 2Ec .-E:or I app. sPQGc-. 9. If there is additional information you would like to share about yourself, .please use the following space provided (optional). An �utom.-1-1.d cAgrtGLL,)it-i +V1& y�6c-��l y 15 G� +�-e- �owv,howv, 11, 1Us_ �`ar� �au� SGVint rEsz`rva-�iohs 4�y�' fA ConA&Vii— Ctv\G, t��S Erie"f`�v1S�'o�s;Gitn CL t-6 ►`n �tacE� 1�nhtvn� �;�c--�( Nu:1f� �1 S�nO� �ctc�bf OM G\AEC— quo uk.V • �V' G O S-("Mcl— a VL-- 10 11 VIA t�n b 6ZS T`.1 -�1n:5 �w.(Jer�cLv PcSi 0%10 I hereby certify that the foregoing information is true and correct. C, �-' / Date: j_Z<z 9< Signature: UUV45 ADMINISTRATION - Estimating/Project Management Department Glenn W. Small Estimator/Project Manager Construction/Architecture Experience: 15 years Education Achievements B.S.Economics,California Polytechnic State University Licensed California Contractor,C-33 Painting&Decorating San Luis Obispo,California 1996 Computer Skills:MS Project,A1phaFive,Lotus 123,WP 7.0 Focus in Marketing and Statistics Foreign Language: Spanish Notable Projects and Experience o Viacom Communications,Universal City,Estimator,Foreman n Loyola High School,Los Angeles,Superintendent,P.M. K3 Dole Foods Corp.Offices,Westwood,Estimator,Foreman I Annandale Country Club,Pasadena,Superintendent,P.M. c Falcon Cable TV Corp.Offices,Westwood,Estimator,Superintendent c Los Angeles Main Public Library Reston,Estimator,Foreman o Mission Viejo Community Hospital,Superintendent,P.M. n Wait Disney Corp.Offices,Burbank,Estimator,P.M. o Holy Angels Catholic Church,Arcadia,Estimator,Superintendent o John Anson Ford Theatre,Hollywood,Superintendent,P.M. I SHEnER_ CONSTRUCnO,INC 805-549-8100 FAX 805-549-8574 tic No.659554 GLENN SMALL 586 Higuera, Suite 200 • San Luis Obispo• CA 93401 000046 p C� .C� C� OdC� Please return to: � «' CITY CLERKN0I Z 5 IM 6500 Palma Avenue �1> Room 208 Atascadero, CA 93422 - r , CITY OF ATASCADERO A'l CITY CLERK'S OFFICE CITY OF ATASCADERO -_ BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter+and resident of the City, with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: Lk P,0- J O N F-� RESIDENTIAL ADDRESS: Ski 3 SAN"T"A '9-OkD IZD, A-fT'tSCAOe-O Home Phone: L4610 - 1o3to t MAILING ADDRESS (if different): S'�FVY1E� Work Phone: 1-4t6t -5100 Are you a resident of the City of Atascadero? l lS How Long? 5 Dears Are you a registered voter? YesX No_ Social Security No. 05'T t- q�S- x'7(01 OCCUPATION: \1i0,2 P(Z�5 D IT EMPLOYMENT: Present or last employer's name, address and phone number: (oR SS F� C wti 0 12 1, .Sup 2,00 d� SC+'14DE12C�a CA �13yz,Z (gos) qlolo - S loo Position held and length of employment: vi('E �� ESi ht✓t.1Y. .�I Loi) E-It, T - tnn�tom d SkN� 3N EDUCATION: 9 . l 4)STA MF-e A -(4h , SC�00� - I��ntoMFl — Ipw `61600ISU (' �+ of(P�� - .AA 1e0a ..$"TEI�aE� `S'�(� �i2ANLaISCb ST7�TE 13(li�>%]2S�-�t� RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: - This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requestedto file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. 00004°7 INVOLVEMENT IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: T h IAoe loee N A COOS -M 1PAekh� -C-h2--T6 G"S 6,N C -, I Ct D '�N VPee I Det—IT G�iVIC, s ki SIS iOOMS�iWS -tom(L V1E � PXLTVIIIQ�I( �A L. L CSS �r AC,T� C°t'Akt c-1\ S elZU i D SIE bo R 17(?F ( GIS l S o��c V0��13T Y2 e0z)pAhNAiD2- , =�Yzmev-14 :sepwab oN 7+c �L COUPTL T, _ brnrvtis5 io�1 OTHER CITY COMMISSIONS, COMMITTEES OR BOARDS PREVIOUSLY OR ;CURRENTLY SERVING ON: How did you learn about this vacancy? Newspaper Article Newspaper Ad _ Community Group Word of Mouth K Library City Hall Place of Employment Other (specify): Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself hereby certify, under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: < < Z A q Board, Committee & Commission Application 000048 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING COMMISSION 1. Please explain why you would like to serve on-the Planning Commission.' 2. Have you ever attended a meeting of the Planning Commission? _Yes -No 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? 4. In your view, what is the function of the Planning Commission? 5. How would you see your role as a member of the Planning Commission? 000049 Supplemental Application Planning Commission Page 2 6. What are the current issues facing the Planning Commission? 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. 8.' ' 'If appointed, what specific goals would you like to see the Planning Commission achieve? 9. If there is additional information you would like to share about yourself, please use the following space provided tp,66dna/1. I hereby certify that the foregoing information is true and correct. 000050 Sinnat PrP- Date: CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE 1. Please explain why you would like to serve on the Planning Commission. I feel very fortunate to be able to live and work in Atascadero. Serving on the Planning Commission would be an excellent way for me to use my experience and skills to contribute to my community. 2. Have you ever attended a meeting of the Planning Commission? YES 3. What is it about the Planning Commission that interests you? What qualities, experience and expertise would you bring to the Planning Commission? I see the Planning Commission as representing the citizens of our community in making decisions that affect their quality of life. There is not an issue put before the Commission that doesn't affect someone in our community in a positive or negative way. In my 10 years working for a home building company, I have worked closely with city and county staffs in communities throughout the Central California. I understand the complexities of balancing economic vitality and growth with maintaining the character and appeal of a community. Prior to joining Midland Pacific I spent 15 years in retail management in companies such as Marshall's and Neiman Marcus. I understand what it takes to create good public relations, a quality that I think would be a benefit to the Planning Commission. 4. In your view,what is the function of the Planning Commission? To interpret and help implement, through the decision making,process the city's goals and visions as outlined in the General Plan. 5. How would you see your role as a member of the Planning Commission? I am solution and results oriented. I believe in finding consensus when possible. I am a good listener and I put a lot of thought into all my endeavors. I have never been afraid to ask questions in order to be sure I am fully educated on a subject. I believe I would be viewed as an informed, straightforward commissioner. 6. What are the current issues facing the Planning Commission? Redevelopment'Agency,Downtown Revitalization,Dove Creek to name a few. While land use seems to be the big political issue,I think the economic vitality of Atascadero is more critical. The Dove Creek project is an important issue that has the potential to bring much needed tax dollars to our community. The creation of a Redevelopment'Agency and the revitalization of our downtown are key issues that deserve careful thought and attention. 000051 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. The General Plan is considered a blueprint for Atascadero. I believe it is a living document and not cast in stone. It is a document that,by design is open to interpretation and at times revision, thus the reason for a Planning Commission. The key is to interpret it with the current needs of the community in mind. EG Lewis had a vision for Atascadero which is admirable,however the reality of life in not only Atascadero,but also the State and the Country is certainly different than it was in his day. Every community needs to be able to respond to its current needs if it is to remain viable. 8. If appointed,what specific goals would you like to see the Planning Commission achieve? I would like to see: • The Redevelopment Agency become established. • The Dove Creek project become a reality. • The Downtown attain an identity and become a destination for our residents as well as tourists. • Well planned, attractive new neighborhoods. • More places for kids to spend time in positive ways. • Our existing neighborhoods work together and clean up areas of blight. 9. If there is additional information you would like to share about yourself,please use the following space provided(optional). As a foster parent and mentor over the years to hundreds of teens who are on the brink of going out on their own, I know how important it is to provide economic opportunities for our young adults beyond minimum wage fast food jobs. I feel very privileged to be able to live and work in my community and I would like to see other people have that same opportunity. There are lots of people who moved to Atascadero to retire,my Mom is one of them,but Atascadero is not a retirement community. It is not a tourist destination. It is a community of hard working families who deserve the opportunity to put down roots. They need places to work and live. My experience in the building industry gives me the ability to understand construction projects and what it takes to turn a good concept into a reality. I have the unique experience of working on development projects from the initial concept all the way through to their completion. I am involved in city council,planning commission and board of supervisors meetings on a regular basis and I understand the importance of addressing the concerns of community members. I hereby certify that the foregoing information is true and correct. Signature: Date: It 2 000052 Please return to: �� O O CITY CLERK I 6500 Palma Avenue �� N097 231998 p Room 208 {iota'. 3976> r Atascadero,CA 93422 ` CITY CLERK S OFFICE CITY OF ATASCADERO BOARD, COMMITTEE & COMMISSION APPLICATION Please Note: You must meet the minimum qualifications of being a registered voter and resident of the City,-with the exception of youth representatives who are not required to be registered voters. Minimum qualifications are subject to verification. Please fill out and attach the Supplemental Questionnaire for the advisory body you are applying for. NAME: —FEE) AA-G06 S 01�J RESIDENTIAL 80 S i OBA-1-- 1 11= 4(n(p — g 210 ADDRESS: Home Phone: MAILING ADDRESS (if different): Work Phone: 4(o(,o — 34®® Are you a resident of the City of Atascadero? Yee How Long? S YES Are you a registered voter? Yes v" No Social Security No. 5" BZ -G'15 OCCUPATION: Itisu2A-mce— A&,eMLC ,4 ©c,ame-'o EMPLOYMENT: Present or last employer's name, address and phone number: (._A-L_I F o 2 A 1,J 1 A ►v I FJ2 (-O 1 A-N-.t ( k.i 5 u 2A-M GE_5422 Position held,and length of employment: EDUCATION: E3A Zoo uoC, e (40M6oLDT �7A-T6—' U41y(-z2.S1 Y RELEVANT TRAINING, EXPERIENCE, CERTIFICATES OF TRAINING, LICENSES OR PROFESSIONAL REGISTRATION: Bu5 I M C-S S DuDM FrtL. Sl N CF- 1017 -- 2cD+ U F-A-2S DFM F_>c PF,�.t A-t-A C� W I T4 TEFF-1-Fz=:'5 P I-xon-L-l-r This application and supplement are "public documents" and are available for review upon request. Applicants are advised they may be requested to file a Statement of Economic Interest, pursuant to the Fair Political Practices regulations. Information will be provided by the City Clerk. Application 0®®®i3 Board, Committee &, Commission App ' INVOLVEMENT. IN COMMUNITY, VOLUNTEER, PROFESSIONAL AND/OR ACADEMIC ORGANIZATIONS: 131 Pt- ME4-A f'.Ea A7TA-se-(-4-0.5-rza , l4-zl�-s�+9-��St.� CI- v►e��z c�� CeK.c�tzn�c-�z 2;,0AJ1-0 IV aPA C- rUZ- 5 K FCAZ S , tit a�z/c-F� C� acv z� t3�S 4 N-►�S S �. ,F C C-12- V j�S .. 618--SGA-D fzR,=�, c M-fwv N t2��1 �zJL�J I CSZ l qq 7. ` b IF-S IDA-1 N LC-.t--e A-T rt-<- LH 6-Z- 4+�,q 1 n-M',0_0 Iclg7. ?as—( a� 5. [_oma � ouzo �,ca,-c����~S , YPAoIc SzRzc� G�rzry THER CITY OM ISSIONS, MMI7TES O.F�BO RDS PREVIODSLYR C ENTLY SERVING ON: Aa-6,A:7-A- 6-r" �S O t-A2 .e.0, IgBo � jq� How did you learn about this vacancy? New,Apaper Article Newspaper Ad _ Community Group Word of Mouth Vd Library City Hall Place of Employment Other (specify): BIA- NAf=-F-TI N C7 Please complete the attached supplemental questionnaire. Feel free to attach a resume or other information about yourself hereby certify,.under penalty of perjury, that the information on this application and attached supplement are true and correct. Signature: Date: 11— 23-48 Board, Committee & Commission Application Page 2 000054 CITY OF ATASCADERO SUPPLEMENTAL QUESTIONNAIRE PLANNING CONMSSION 1. Please Explain why you would like to serve on the Planning Commission. I am volunteering to serve on the Planning Commission because I have always been taught and feel that when blessed with good fortune it is ones responsibility to "Give Back" to the community a portion of our time, energy, and experience so that others may benefit. In that light I hope to bring balance to the commission and a dedication to learn the issues as represented from all parties. In the past I have worked well with others and feel comfortable that when asked to consider future agenda, the necessary decisions and/or recommendations requested will be carefully considered and processed responsibly. 2. Have you ever attended a meeting of the Planning Commission? Yes. 3. What is it about the Planning Commission that interests you? What qualities, experience, and expertise would you bring to the planning commission? I am interestedin the challenge that being a part of a process that seeks to preserve the best of Atascadero while looking towards the future to provide the opportunity(s) to meet the communities current and future needs.- I bring a commitment of time, and effort to learn what I must do to perform a credible job in a forthright open handed manner that is in the best interests of the community. Personal qualities include focus, time management, drive, honesty, integrity, tolerance, respect, a sense of fairness, empathy, and some 20 years of management and practical business common sense. 000055 4. In your view,what is the function of the Planning Commission? The Planning Commission appears to be a decision/recommendation conduit that brings together input from the city staff, public input, and the city council, so that the council has the benefit of other perspectives to consider in their management of the cities land use issues. 5. How would you see your role as a member of the Planning Commission? As a Planning Commission member I would strive to take responsibility to be informed, seek out what relevant facts were/are available from all perspectives, and with integrity contribute to a decision process that makes timely decisions and/or recommendations in an impartial manner as necessary to their duties. 6. What are the current issues facing the Planning Commission? Current issues facing the Planning Commission appear to include a continued effort to build on the rapport between the current city staff, the public, and the council in an effort to make process flow in an open and timely manner. Other issues include Revitalization of the Downtown and working with the staff to update the Atascadero General Plan. 7. Are you familiar with the City's General Plan, and if so, describe briefly your views about the document. I have read the"General Plan and feel there is a need for it to be updated so that it is more contemporary to what is actually taking place in the community, the North County, and San Luis Obispo County . There is room for improvement and better address of where our community desires to go in light of development around us with consideration for open area, parks, housing, retail, office, light pollution-free manufacturing and commercial corridors. 000056 8.If appointed,what specific goals would you like to see the Planning Commission achieve? I would like to work towards having the Atascadero planning commission be seen as a fair minded body respective of varying points of view that artfully processes information in a responsible and timely manner and which makes appropriate recommendations/decissions for the serving council in the best interests of the community. 9.If there is additional information you would like to share about yourself,please use the following space provided (optional). See Attached. I hereby certify that the foregoing information is true and correct. Signature: Date: 11- 2!,3-9(5 . (5 00005'7 Ted Jacobson, LUTCF 8055 Cristobal Avenue Atascadero, Ca 93422 805-466-9210 EDUCATION: 1972-1974 Fullerton State University 1975-1976 Graduated Police Academy, College of the Redwoods, Eureka, California 1974-1980 Graduated Bachelor of Arts in Zoology, Humboldt State University, Arcata, California MILITARY SERVICE: 1972-1976 United States Marine Corps 1974 Officers Candidate School Graduate, Quantico, Virginia 1976 Honorable Discharge OCCUPATION: , 1978-1979 District Manager Angelo's Pizza Parlors Eureka, California 1979-1987 Restaurant Owner, Garcia's Restaurants, Arcata, California Manora Thai Restaurant, Eureka, California Western Kitchen Restaurant, Eureka, California Garcia's Restaurant, Petaluma, California -- 1987-1988 Insurance Sales /Allstate Insurance, Morro Bay, California 1988-1990 Insurance Sales/Independent Agency Morro Bay, California 1990- 1994 Owner/Broker/Agent Independent Agency Hunt LeMoine Insurance Services, Inc. Atascadero, California 1994- 1997 Agent/Broker Ted Jacobson Insurance Services Atascadero, California 1997- Present Owner of California Meridian Insurance Services Atascadero, California 000058 LICENSES: Property Casualty Agent/Broker Lic# 0722386 Life /Annuities Agent , PROFESSIONAL DESIGNATIONS: LUTCF (Life Underwriting Training Council Fellow) Working towards CPCU designation } I PROFESSIONAL AFFILIATIONS & COMMUNITY SERVICE San Luis Obispo Association of Life Underwriters, (Past Board Member 5 years) IIABC (Past President San Luis Obispo) 1991-92 IBAWEST (Education Committee 5 years, Past Chairman) Rotary Club of Atascadero s North County Business Conference (Board Member 4 years) Morro Bay Yacht Club (Past Rear Commodore) Atascadero Chamber of Commerce (Board Member) 5 years Tuesday Night at the Atascadero Lake Summer Music (Program Chairman)1996-97 Atascadero BIA member PERSONAL: Born August 7, 1954 Married 18 years (Iris), two children, Krista 11 & Bryan 9 Homeowner in San Luis Obispo County since 1986 Atascadero Resident since '1993 Hobbies include Coastal Sailing, Backpacking, Fishing Competitive Target Shooting, and Golf i i 1 000059 ITEM NUMBER: A-1 DATE: 12/08/98 n Isis 1079 City Treas'orer s Agenda Report Rudy Hernandez Treasurer's Report October 1998 RECOMMENDATION: City Treasurer and Staff recommend that Council review and accept the October 1998 Treasurer's Report REPORT IN BRIEF: Cash and Investments Checking $ 211,907 Certificates of Deposit 1,029;681 LAIF 6,401,783 Cash with Fiscal Agents 262,642 Cash[in Banks at October 30, 1998 $ 7,906,013 Deposits in Transit 22,547 Outstanding Checks (158,196) Cash,and Investments at October 31, 1998 $ 7,770,364 FISCAL IMPACT: None RESPONSIBLE DEPARTMENT: Finance ATTACHMENTS: Cash and Investments Activity Summary Cash and Investments by Fund Time Deposits, Certificates of Deposit, Savings and Local Agency Investment Fund Schedule of Certificates of Deposit Page I of 5 000060 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS ACTIVITY SUMMARY • FOR THE MONTH OF OCTOBER 1998 ill CHECKING FISCAL ACCOUNT INVESTMENTS AGENT TOTALS Balance per Banks at October 1, 1998 $ 821,108 $ 7,448,012 $ 262,642 $ 8,531,762 Receipts 482,366 103,452 585,818 Disbursements (1,211,567) (1,211,567) Transfers In 200,000 80,000 280,000 Transfers Out (80,000) (200,000) (280,000) Balance per Banks at October 31, 1998 $ 211,907 $ 7,431,464 $ 262,642 7,906,013 Deposits in Transit 22,547 Outstanding Checks (158,196) • Adjusted Treasurer's Balance $ 7,770,364 CITY OF ATASCADERO Y HERN y reasurer Page 2 of 5 000061 CITY OF ATASCADERO TREASURER'S REPORT CASH&INVESTMENTS BY FUND OCTOBER 1998 RESERVED UNRESERVED CASH(1) CASH(2) TOTALS POOLED CASH General Fund $ - $ 524,424 Gas Tax Fund 15,298 Development Fee Fund 26,070 Community Development Block Grant (43,754) Police Development Fees Fund 7,030 Fire Development Fees Fund 71,973 Parks&Rec Development Fees Fund 75,218 Drainage Development Fees Fund 237,878 Amapoa-Tecorida Fees Fund 169,437 Public Works Development Fees Fund 390,220 Street Maintenance Districts Fund 48,066 TDA Non-Transit Fund 201,156 Sidewalk Fund 45,755 Capital Projects Fund (277,581) Camino Real Construction Fund 33,580 Dial-A-Ride Fund 55,681 Wastewater Operations Fund 2,588,401 Sewer Facilities Fund 2,968,569 Building Maintenance Fund (33,342) Technology Fund 156,749 Assessment District#3 3,418 Assessment District#4 50,059 Assessment District#5 (20) Camino Real Debt Service Fund 63,597 92 Street Improvement Assessment Fund 53,786 Assessment District#7 (259) Assessment District#8 672 Assessment District#9 51,395 Assessment District#10 - 89 COP Debt Service Fund 80 Tree Plant Fund 24,167 Tree Association Fund (2) Total Pooled Cash $ 246,893 $ 7,260,828 $ 7,507,721 CASH WITH FISCAL AGENT Wastewater Operations Fund5,152 Camino Real Debt Service Fund 203,543 92 Street Improvement Assessment Fund 53,948 89 COP Debt Service Fund - - Total Cash with Fiscal Agent $ 262,643 $ 262,643 Total of All Cash $ 7,770,364 Page 3 of 5 00®062 CITY OF ATASCADERO TREASURER'S REPORT TIME DEPOSITS, CERTIFICATES OF DEPOSIT, SAVINGS AND LOCAL AGENCY INVESTMENT FUND OCTOBER 1998 INVESTMENT INTEREST AMOUNT EARNINGS Orange County Investment Pool/TRAN $ - $ 1,609 (5) Orange County Investment Pool - 51,206 (5) Local Agency Investment Fund(3) 6,401,783 210,692 Certificates of Deposit(see attached schedule) 1,029,681 41,840 TOTAL $ 7,431,464 305,347 Mid State Interest Received 4,171 TOTAL INTEREST RECEIVED $ 309,518 (4) Notes: (1) Reserved Fund Cash is specified for City debt service. (2) Unreserved Fund cash can be used for normal operations of the City. (3) October 1998 interest yields were as follows: Orange County Not available LAIF 5.64% Mid-State 1.00% (4) This is the actual amount deposited to City accounts and does not reflect interest amounts accrued but not received. Also not included above are interest amounts earned in Fiscal Agent or County accounts, which are used for bond retirement purposes. Furthermore, with the exception of the Orange County Investment Pool,interest earnings are reported on a calendar year basis. (5) On December 6, 1994, Orange County filed a Chapter 9 bankruptcy with the courts. The City recognized a loss of $1,155,283.04 on the OCIP for the 1994-95 fiscal year. The City is attempting to recover the principal plus interest through a lawsuit filed against the OCIP. The interest received above is post-petition interest for the period from December 1, 1994 through July 20, 1995. Page 4 of 5 000063 CITY OF ATASCADERO TREASURER'S REPORT SCHEDULE OF CERTIFICATES OF DEPOSIT OCTOBER 1998 PURCHASE MATURITY YIELD YTD BANK DATE DATE RATE AMOUNT INTEREST Santa Lucia Bank 6/18/98 12/18/98 5.10% $ 38,681.00 $ - Atascadero Washington Mutual 6/21/98 12/18/98 4.89% ' $ 100,000.00 $ 4,122.24 San Luis Obispo Union Bank 6/22/98 12/21/98 4.80% $ 99,000.00 $ 4,049.36 Atascadero Mid State Bank 7/20/98 1/15/99 4.76% $ 99,000.00 $ 4,137.16 Templeton Bank of America 7/29/98 1/27/99 4.60% $ 99,000.00 $ 3,807.65 Atascadero Los Padres Savings 8/7/98 2/3/99 5.06% $ 99,000.00 $ 4,197.28 ,Santa Maria Wells Fargo Bank 8/22/98 2/20/99 4.50% $ 99,000.00 $ 3,749.62 San Luis Obispo West America Bank 8/21/98 2/17/99 4.90% $ 99,000.00 $ 4,124.93 San Luis Obispo First Bank &Trust 8/28/98 2/28/99 4.53% $ 99,000.00 $ 4,240.70 Santa Maria First Bank of SLO 8/18/98 8/18/99 5.30% $ 99,000.00 $ 4,731.51 San Luis Obispo Santa Barbara Bank & 9/6/98 9/6/99 5.05% $ 99,000.00 $ 4,679.52 Trust-Santa Maria $1,029,681.00 $41,839.97 Page sofs 000064. ITEM NUMBER: A - 2 DATE: 12/08/98 n■ ®i® WIN . 1918 ® 1 8 i - CADF,�j City Manager's Agenda Report Wade G. McKinney - Resolutions Adopting/Amending Contractual Agreement for Deferred Compensation Providers RECOMMENDATIONS: Staff recommends: 1. City Council adopt Resolution No. 1998-056, authorizing the City Manager to execute an agreement with ICMA Retirement Account(RC)to provide a deferred compensation plan. 2. City Council adopt Resolution No. 1998-057 amending the plan document for deferred compensation with The Hartford. 3. City Council adopt Resolution No. 1998-058 amending the plan document for deferred compensation with Great Western Bank FundSelect. DISCUSSION: The City has an interest to provide diverse pre-tax investment options for employees, so they can build a financially secure retirement. To that end, staff is proposing adding ICMA Retirement Corporation as an additional provider. The Hartford and Great Western Bank FundSelect have provided deferred conipensation options for the City of Atascadero employees since 1983 and 1991 respectively. Both plan documents for The Hartford and Great Western Bank FundSelect must be updated to continue to comply with the IRS tax codes. The attached documents bring all plans into compliance. FISCAL IMPAC': No direct cost to the City, as the benefit is funded by voluntary employee contributions. 000065 ITEM NUMBER: A -2 DATE: 12/08/98 RESPONSIBLE DEPARTMENT: City Manager's Office. ATTACHMENTS: Resolution No. 1998-056 Supporting Documents ICMA Resolution No. 1998-057 Resolution No. 1998-058 Supporting Documents Great Western Bank FundSelect 000066 RESOLUTION NO: 1998-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING A DEFERRED COMPENSATION PLAN WITH ICMA RETIREMENT CORPORATION WHEREAS,the City of Atascadero has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of Atascadero by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Atascadero has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the City of Atascadero desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW THEREFORE BE IT RESOLVED that the City of Atascadero hereby adopts the deferred compensation plan (the "Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust,referred to as Appendix A; BE IT FURTHER RESOLVED that the City of Atascadero hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Atascadero, if the assets of the plan are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the City of Atascadero serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. BE IT FURTHER RESOLVED that the Plan will not permit loans. BE IT FURTHER RESOLVED that the City of Atascadero hereby agrees to serve as trustee under the Plan. 000067 i BE IT FURTHER RESOLVED that the City Manager shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City of Atascadero, any required votes under the ICMA Retirement Trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. On motion by Council Member and seconded by Council Member , the foregoing resolution'is hereby adopted in its entirety by the following roll-call vote.: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Harold L. Carden, III, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 000068 �! RESOLUTION NO. 1998- 057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING AMENDMENT TO DEFERRED COMPENSATION PLAN WITH THE HARTFORD WHEREAS, the City of Atascadero, Deferred Compensation Board heretofore established a Deferred Compensation Plan(the "Plan"); and WHEREAS, the City of Atascadero, Deferred Compensation Board desires to amend the Plan to conform with changes in the federal law brought about by the Small Business Job Protection Act of 1996 (the "Act") requiring that, within the time prescribed by such Act, eligible deferred compensation plans established and maintained by governmental employers be amended to provide that all assets of the plan be held in trust, or.under one or more appropriate annuity contracts or custodial accounts, for the exclusive benefit of plan participants and their beneficiaries; and WHEREAS, it is also the desire of the City of Atascadero,Deferred Compensation Board to amend the Plan in order to provide employees with certain other advantages brought about by the Act, including indexed limitation of deferred amounts and certain elections with respect to the commencement of distributions under the Plan. NOW THEREFORE, BE IT RESOLVED, that, effective December 8, 1998, except as otherwise provided, the City of Atascadero, Deferred Compensation Board hereby amends the Plan as follows: Article 11 of the Plan setting forth the rules governing the ownership of deferred amounts is deleted in its entirety and replaced with the following: "11.1 Effective December 8, 1998, all amounts of compensation deferred under the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property or rights shall be held in trust or under one or more annuity contracts described in Section 401 (f) of the Code. Except as may otherwise be permitted or required by law, no assets or income of the Plan shall be used for, or diverted to purposes other than for the exclusive purpose of providing benefits for Participants and their Beneficiaries or defraying reasonable expenses of administration of the Plan." The following defined term is added to Article 2 of the Plan and each Section of Article 2 is renumbered appropriately: 1 "2.2 "Adjusted"means adjusted for the cost of living at the time and in the manner as prescribed under section 457 (e)(15) of the Code." Paragraphs (a) and (b) of Section 3.5 providing for regular contributions are amended to read as follows: "3.5 Regular Contributions. The regular contribution is the amount of compensation which may be deferred by a Participant subject to the following limitations: (a) Calendar Year Maximum. The maximum amount a Participant may defer during a calendar year shall not exceed the lesser of (i) $7,500 (as Adjusted), or (ii) 33-1/3% of the Participant's Includible Compensation (typically 25% of the Participant's gross taxable income from the Employer). (b) Pay Period Maximum. The maximum amount a Participant may defer during a pay period, when combined with previous deferrals during the calendar year, shall not exceed the lesser of(i) $7,500 (as Adjusted) or (ii) 33-1/3% of the Participant's year to date Includible Compensation (typically 25% of the Participant's year-to-date gross taxable income from the Employer)." Section 5.2 of the Plan is amended to read as follows: "5.2 Distribution and Deferral. Distribution must follow the minimum distribution requirements of Sections 401 (a)(9) and 457 (d) of the Code and the regulations thereunder as they may be amended from time to time. There is a substantial penalty (federal excise tax) for not satisfying the minimum distribution requirements. Upon becoming eligible in accordance with Section 5.1 hereof, distribution is subject to the following guidelines: (a) A Participant may elect to commence distribution in accordance with the distribution schedules set forth at Section 5.3 hereof. Unless the Participant fails to make any election or if the Participant elects a postponed distribution commencement date pursuant to Section 5.2 (b) below, the Participant's Participation Account shall be, or shall commence to be, distributed not later than sixty (60) days after the close of the Plan Year in which the Participant's Participation Account becomes eligible for distribution. If a Participant fails to make any election, distribution shall commence in accordance with Section 5.5 hereof. (b) A Participant may elect to postpone the commencement date specified in the election made pursuant to Section 5.2 (a) to a later date if(i) such postponement election is made prior to the original commencement date specified in the election made pursuant to Section 5.2 (a), and (ii) no other postponement election has been made pursuant to this Section 5.2(b); provided further,that a Participant may change the form of payment elected at any time that is at least sixty(60)days prior to the date on which payments will commence. (c) A Participant may elect to postpone distribution, even after using the "catch-up"provision. 0000'70 (d) If eligibility for distribution is on account of the Participant's death, distribution shall commence in accordance with Section 5.8 hereof. (e) Notwithstanding any provision of the Planto the contrary, distribution must commence no later than April 1St following the later of(i) the calendar year in which the Participant attains age 70-1/2 or (ii) the calendar year in which the Participant separates from service, and must be completed by the Participant's allowable life expectancy, defined as the single or joint (spousal) life expectancy as set forth in the life annuity actuarial tables (Code Section 72 and regulations thereunder)." Section 5.4 of the Plan is amended to read as follows: "5.4 Participation Accounts Not Exceeding $3,500. Notwithstanding any provision of the Plan to the contrary, if the total amount of the Participant's Participation Account under the Plan does not exceed $3,500, the Participant may elect to receive (or the Employer may elect to pay to the Participant without the Participant's consent) the total amount in a lump sum payable within 60 days of such election; provided, however, such amount may be distributed pursuant to this Section 5.4 only if. (a) no amount has been deferred under the Plan with respect to such Participant during the two-year period ending on the date of the distribution, and (b) there has been no prior distribution under the Plan to such Participant to which this Section 5.4 applied." Section 5.5 of the Plan is amended to read as follows: "5.5 Default Distribution Schedule. If the Participant fails to select a payment option for any event which causes amounts to become available under the Plan, the Participant shall be deemed to have elected, pursuant to Section 5.2 (b) hereof, to postpone distribution of his benefit until the year in which the Participant attains age 70-1/2. Upon such Participant's attainment of age 70-1/2, payments shall commence for a specified period of ten (10) years as provided for in Option 2. Notwithstanding the foregoing, Participation Accounts not exceeding $3,500 shall be subject to earlier distribution in accordance with Section 5.4 hereof" FURTHER RESOLVED, that 'the members of the City of Atascadero are hereby authorized to take any.actions, including execution of a restated Plan document incorporating the provisions of said Amendment which are necessary and desirable to effect this Resolution. On motion by Council Member and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety by the following roll-call vote.: AYES: NOES: ABSENT: 0000'71 ADOPTED: 0 CITY OF ATASCADERO, CA Harold L. Carden,III, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney 000072 TI - RESOLU ON NO. 1998 058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING AMENDMENT TO DEFERRED COMPENSATION PLAN WITH GREAT WESTERN BANK FUNDSELECT WHEREAS, the City of Atascadero, Deferred Compensation Board heretofore established a Deferred Compensation Plan(the "Plan"); and WHEREAS, the City of Atascadero, Deferred Compensation Board desires to amend the Plan to conform with changes in the federal law brought about by the Small Business Job Protection Act of 1996 (the "Act") requiring that, within the time prescribed by such Act, eligible deferred compensation plans established and maintained by governmental employers be amended to provide that all assets of the plan be held in trust, or under one or more appropriate annuity contracts or custodial accounts, for the exclusive benefit of plan participants and their beneficiaries; and WHEREAS, it is also the desire of the City of Atascadero, Deferred Compensation Board to amend the Plan in order to provide employees with certain other advantages brought about by the Act, including indexed limitation of deferred amounts and certain elections with respect to the commencement of distributions under the Plan. NOW THEREFORE, BE IT RESOLVED, that, the following amendment to the Section 457 Plan of the City of Atascadero, is hereby adopted, effective December 8, 1998, to incorporate the provisions of Small Business Job Protection Act of 1996. Section 3.6 of the Plan is hereby amended to read: "Custodian/Trustee" means a bank, trust company, financial institution, or other legally authorized entity appointed by the Employer to have custody of assets in the Investment Fund. Section 4.4 is hereby amended to read: The City of Atascadero shall invest the Participant's deferrals in accordance with such selection. Section 5.3(a), "Annual limitation"is hereby amended to read: Except as provided in Paragraph (b) below the maximum amount that a Participant may defer during any Employment Period, when added to the amount of any Employer Contribution for such Participant during the Employment Period, shall not exceed the 16 lesser of $7,500 (or as may be adjusted for cost-of-living by the Secretary of the Treasury) or 33a%of the Participant's Includible Compensation. 1 �13 s- IIII 0000 Section 6 "Investment Fund", shall be amended to read as follows: 6.1 Investment Fund. The Employer shall establish an Investment Fund for the purpose of investing amounts of DeferredCompensation and Employer Contributions, if any, credited to Participant Accounts. Such Participants Accounts shall at all times be held by the Custodian/Trustee for the exclusive benefit of the Participant or Beneficiary. The Employer may cause funds deferred under this Plan to be commingled for investment only with funds deferred under the City of Atascadero deferred compensation plan, so long as the investment directives under such Plan are substantially similar to the investment directives under this Plan and so long as adequate records are maintained to enable the identification of the portion of such funds and earnings that pertain to each Plan. 6.2 Custodial Trust Provisions (a) Custodian/Trustees. The Custodian/Trustees shall be, at any time, the duly appointed and authorized City Manager. Resignation, removal and appointment of such Custodian/Trustees, as well as compensation and expense reimbursement of the Custodian/Trustees shall be in accordance with the guidelines for resignation, removal, appointment, compensation and expenses of the City Manager of the City of Atascadero. (b) The Custodian/Trustees or the Employer shall adopt various investment options for the investment of deferred amounts by Participants or their Beneficiaries, and shall monitor and evaluate the appropriateness of continued offering by the Plan. The Custodian/Trustees or the Employer may de-select options that are determined to be no longer appropriate for offering. In adopting or de-selecting such options, the Custodian/Trustees or the Employer shall be governed by applicable State law. Following such adoption or de-selection of investment options by the Custodian/Trustees or Employer, the Participants or their Beneficiaries shall be entitled to select from among the available options for investment of their deferred amounts. In the event options are de-selected, the Custodian/Trustees or Employer may require Participants to move balances to an alternative option offered by the Plan. If Participants fail to act in response to the written notice, the Custodian/Trustee or Employer shall transfer monies out of the de-selected option to an alternative option chosen by the Custodian/Trustee or Employer. By exercising such right to select investment options or by failing to respond to notice to transfer from a de- selected option where the Custodian/Trustee or the Employer move the monies on behalf of such Participants,the Participants and their Beneficiaries agree that none of the Plan fiduciaries will be liable for any investment losses, or lost investment opportunity in situations where monies are moved by Custodian/Trustees or the Employer, which may be experienced by a Participant or Beneficiary in the 2 investment option(s) they select or an alternative option selected for them if they fail to take appropriate action in regard to the de-selected fund. (c) Designation of Fiduciaries. The Employer and Custodian/Trustees and the persons they designate to carry out or help carry out their duties or responsibilities are fiduciaries under the Plan. Each fiduciary has only those duties or responsibilities specifically assigned to him under the Plan or delegated to him b g Y another fiduciary. Each fiduciary may assume that any direction, information or actionof another fiduciary is proper and need not inquire into the propriety of any such action, direction or information. Except as provided by law, no fiduciary will be responsible for the malfeasance, misfeasance or nonfeasance of any other fiduciary. (d) Fiduciary Standards. (i) The Custodian Trustees and all other fiduciaries shall discharge their duties with respect to this Plan solely in the interest of the Participants and Beneficiaries of the Plan. Such duties shall be discharged for the exclusive purpose of providing benefits to the Participants and Beneficiaries and to defray expenses of the Plan. (ii) All fiduciaries shall discharge their duties with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, and as defined by applicable State law. (e) Custodian/Trustees' Powers and Duties. The Custodian/Trustees' powers and duties shall be those defined under applicable State law. (f) This Flan and Investment Fund is intended to be exempt from taxation under Section 501(a) of the Internal Revenue Code ("Code") and intended to comply with Section 457(g) of such code. 6.3 Investment Options. Each participant may allocate his Deferred Compensation and Employer Contributions, if any, among the investment options, if any, provided under the Plan. A Participant may change his investment options in accordance with rules established by the Employer. Such modification may effect transfers of Compensation already deferred and any Employer Contributions that may have already been made from one investment option to another and/or may prospectively change the investments to which future deferrals of Compensation and Employer Contributions, if any, shall be allocated, effective as soon as practicable after the Participant makes the change. 6.4 Account. The Employer shall maintain an Account for each Participant to which shall be credited any Employer Contributions made for such Participant and such 3 nnnn►7r� Participant's Deferred Compensation at such times as it would have been payable but for the terms of this Participation Agreement. Each Participant's Account shall be revalued at least quarterly to reflect the earnings, gains and losses creditable thereto or debitable therefrom. in accordance with the performance of the investment options selected by the Participant pursuant to Subsection 4.4, 6.2, and 6.3. The earnings,gains and losses or charges creditable to or debitable from an Account shall mean the actual earnings, gains and losses of each investment option, on a pro rata basis among the Accounts of those Participants who selected that investment option. Section 7.1 "Payments on Separation from Service" is hereby amended to read: Subject to the provision of Subsection 7.5, upon a Participant's separation from service with the Employer for any reason(including Disability),the entire amount credited to his Account (less any federal, state or local income tax required to be withheld therefrom) shall be paid to him in a single lump sum immediately after the expiration of the Election Period; provided, however, that during such Election Period a Participant (including a Participant who has utilized the catch- up deferral provisions of Subsection 5.3(b) with an Account balance in excess of an amount specified by the City of Atascadero, which amount shall not exceed the amount specified in Section 457(e)(9)(A) of the Code, as the same may be adjusted from time-to-time,may irrevocable elect in writing(on a form acceptable to the City of Atascadero) a specific later date for first receiving payment under the Plan. In addition, a Participant may elect a different method of payment as provided in Subsection 7.2 by filing the appropriate form with the Employer no later than ninety days prior to the Participant's elected payment date. The Account balance of a Participant with less than the amount specified by the City of Atascadero in his Account at the time of his separation from service shall be paid in a single lump sum to the Participant (less applicable taxes) as soon as practicable following his separation from service. A Participant who has elected a specific later date for first receiving a payment under the Plan, as set forth above, may elect to further defer the date upon which such payment(s)will begin. Such election to further defer payment may be made only once, to a later date, as long as payments have not yet begun when such election is made. New Section 7.7 is hereby added,to read as follows: 7.7 De Minimis Distributions. Notwithstanding any other provision of the Plan, if the Participant has not deferred any amount for a 2-year period and the total amount of the Participant's Account under the Plan does not exceed $3500, a Participant may elect to receive, or the Plan may elect to distribute without the Participant's consent, the entire value of the 4 Partici ant's Account in a lum p p sum distribution. No subsequent. distribution under this provision to such Participant may be made, once such distribution occurs. Section 9.2 is hereby,deleted. On motion by Council Member and seconded by Council Member the foregoing resolution is hereby adopted in its entirety by the following roll-call vote.: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Harold L. Carden, III, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO'FORM: Roy A. Hanley, City Attorney 5 I. Amended Exhibit A The Administrative Agreement with Great Western Bank and any Exhibit A thereto is hereby amended effective the day of 19 as follows: A. Exhibit A and/or any successor amendment(s) arehereby deleted and replaced in their entirety by this Amended Exhibit A which incorporates by reference those investment options contained on the FundSelect®"Core List" attached hereto as Item II or any FundSelect"Extended List", if so applicable, as the pMI investment options available under the deferred compensation plan as of the effective date listed above. B. Employer agrees that FundSelect®Advisers, Inc., ("FundSelect®") may unilaterally add new investment options to the plan quarterly and/or replace existing investment options annually or on such other frequency as agreed to in writing by Employer and FundSelect®. C. Employer agrees to be bound by the terms of the "Procedures for Removing Investment Options" attached hereto as Item III. D. Employer agrees the effective date for offering the investment options outlined on the FundSelect® "Core List" will be the first day of the month at least one month subsequent to the month the Amended Exhibit A is executed. E. Employer agrees to restrict the total investment options of the plan to not exceed those provided on the FundSelect"Core List", or the total of such other investment options which Employer and FundSelect® mutually agree to substitute and/or add to those provided on the FundSelect"Core List". Employer: Great Western Bank: By: By: Employer M Date: Date: 000078 FundSelect® "Core List" of Investment Options Asset Class Category Objective/Style Fund Compiled from 1-31-97 data CORE OPTIONS Recommended Morningstar op 10%of 3 Y 30 Largest "Core list" "500 List" ategory Retu Funds Fixed Income/Cash X FDIC Insured Liquid Savings Great Western Bank Liquid Savings X FDIC Insured Certificates of Deposit Great Western Bank-3 Year CO X FDIC Insured Certificates of Deposit Great Western Bank-5 Year CD X Stable Value Stable Value Fund FundSelect@ Stable Value Fund Bonds X Intermediate Corp %Hi h Duality Vanguard Bond Index Total Bond MarkelX X X intermediate Corp neral Bond Fund of America X X X Intermediate Corp h Yield Kemper High Yield A X X Large Cap X Domestic Hybrid Asset Allocation Income Fund of America X X X Stocks X Large Cap Value Equity Income Fidelity Equity Income X X X X Large Cap Value Growth It Income Kemper-Dreman High Return Equity A X X X Large Cap Value Growth b Income Washington Mutual Investors X X X X X Large Cap/Blend Growth b Income Vanguard Institutional Index(SBP 500) X X X X IlLarge Cap Blend Growth b Income Investment Company of America X X X X Large Cap Blend Growth Fidelity Contrafund X X X X Large Cap Blend Growth Janus X X X Large Cap Growth Growth Growth Fund of America X X I X X Large Cap Growth Socially Conscious Dreyfus Third Century X X large Cap Growth Aggressive Growth American Century-20th Century Ultra X X X Mid Cap X Mid Cap Blend Growth Neuberger b Berman Partners Trust X X Stocks X Mid Cap Value Growth It Income Franklin Mutual Beacon 1 X X X Mid Cap Blend Growth PBHG Growth X X Small Cap I X Ismall Cap Blend ISmall Company I DFA US 9-10 Small Company X Stocks I X ISmall Cap Growth jApgressive Growth Kaufmann X X International X World Stock World Stock Janus Worldwide X IX X Stocks X Foreign Stock Foreign Stock Templeton Foreign I X X X X Foreign Stock Foreign Stock EuroPacific Growth XI X I X X Employer Name: Employer# Accepted By Employer Date: Accepted By FundSelect® Date: Rovixd 997 000074 Exhibit B Deferred Compensation Plan Administration Agreement Effective ; 19 this Exhibit becomes part of the Deferred Compensation Plan Administration Agreement between Great Western Bank("Great Western Bank"),and (me"Agency') and is designed to memorialize the following additional terms that will apply to the provision of investment management and administrative services in connection with the Plan's investment in the FundSelect®Stable Value Fund ("The SVF"). 1. Great Western(through its subcontractor,National Deferred Compensation,Inc., ("NDC")and its affiliate broker-dealer,FundSelect®Advisers,Inc.,("FSA'),as appropriate),will provide the Basic Services described in such Deferred Compensation Plan Administration Agreement ("the Agreement")in connection with the Plan's investment in the SVF for the fees described in Paragraph 2 below. 2. For performing Basic Services in connection with the Plan's overall Administration, NDC will assess the fees described as follows. Pursuant to a separate agreement,Norwest Bank Minnesota,N.A. ("Norwest")provides investment management,custody, and other ancillary services to the SVF and charges a fee therefor(the"Norwest Management and Services Fee"), and NDC provides valuation of participant investments in the SVF for which it charges a separate SVF Valuation Fee. These SVF fees are described in Paragraph 3 herein. The aggregate of the Norwest Management and Services Fee,the NDC SVF Valuation Fee,and the Great Western Plan Administration Fee paid each month is referred to herein as the"Total Monthly Fee". Such Total Monthly Fee will be included daily in the unit value calculation of the participant's value in the SVF, and will not be reflected as a charge against the account. 3. The Total Monthly Fee will be the Norwest Management and Services Fee and the NDC SVF Valuation Fee and the Great Western Plan Administration Fee which will be calculated as set out below: a. Norwest's Management and Services Fee will be I. .15%annually,based upon the first$100 Million of average monthly net assets invested in the SVF and, ii. 10%annually based upon the next$300 Million of average monthly net assets invested in the SVF, iii. .05%annually,based upon the balance of the average monthly net assets invested in the SVF. -Over- b. NDC's SVF Valuation Fee and Great Western Plan Administration Fee when combined, shall be the difference between the Norwest Management and Services Fee set forth in Paragraph 3.a. above and 0.59%which represents the total fee on an annualized basis. 4.- If the Agency directs Great Western to make a complete lump sum liquidation of all such Agency's Plan assets invested in the SVF,Norwest shall make such lump sum liquidation within 30 days after written notice from Great Western,through NDC, as long as the assets of such Plan do not exceed$15 Million, and Norwest is not delaying payments to all fund holders as provided under regulations of the U.S. Office of the Comptroller of the Currency. In the event such liquidation request exceeds$15 Million,Norwest retains the right to delay, for up to 12 months following such notice, the lump sum liquidation. 5. As named fiduciary of the Plan,the Agency hereby appoints Norwest as a trustee with respect to assets invested in the SVF. The Agency hereby amends the plan to incorporate by reference the Declaration of Trust establishing Norwest Bank Collective Investment Funds for the Agency's Employee Benefit Plans,if such incorporation language does not currently exist allowing bank collective investment funds generally. 6. So long as Plan assets are invested in the SVF, the Employer represents that the Plan is qualified under Section 401(a)or 457 of the Internal Revenue Code of 1986, as amended. Agency: Great Western Bank: Signature: Signature: Print Name: Title: Title: Date: Agency#: Agency Address: Phone k Date: ITEM NUMBER: A - 3 DATE: 12/08/98 MS e City Manager's Agenda Report Wade G. McKinney Adoption of Service Employees International Union Local 620 Memorandum of Understanding For Fiscal Year 1998/99 RECOMMENDATION: Staff recommends the City Council authorize the Mayor to execute a Memorandum of Understanding with the Service Employees International Union Local 620 for Fiscal Year 1998/99. DISCUSSION: Last year's negotiations resulted in several bargaining units requesting training in Interest Based Bargaining, rather than the traditional Negotiations process. This unit took the lead in that request. After looking into the process, the City Council authorized training for representatives of the bargaining units on a City-wide basis. Interest Based Bargaining is a process of communication that !,leads both sides to a better understanding of bargaining unit and management issues. With a more clear understanding and the opportunity to see the City as a whole, better decisions can be made on both sides. We were able to come to an agreement on many issues, that in the past had been stymied' due to mis-communications, or non productive communications. This year's Memorar►dum of Understanding (MOU) has taken on a new look. Staff has standardized the format of all the MOD'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. This increase was implemented City-wide, after approximately five years of no salary raises. In addition, for this bargaining unit, the City was able to buy back the furlough that was negotiated. in 1994 as time off, instead of salary, due to the budget problem. The .9% was converted to salary. 000082 .i. ITEM NUMBER: A - 3 DATE: 12/08/98 FISCAL IMPACT: The increase to salary represents approximately $32,000.00 for this bargaining unit, which covers thirty-four employees. RESPONSIBLE DEPARTMENT: City Manager's Office ATTACHMENTS: Memorandum of Understanding J0008.3