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Agenda Packet 01/27/1999
ITEM NUMBER:- A 8 DATE: 01/27/98 City Mana Agenda Report Wade G. McKinney Amending Off ial City Zoning Maps by rezoning certain real property at . 4650 El Camino Real from CP (Commercial Professional) to CS (Commercial Service). RECOMMENDATION: That Council approve and adopt Ordinance No. 339 on second reading. DISCUSSION: Background:und: On Jan aary 13, 1998, the City Council conducted a public hearing on the above- referenced subject. C uncil concurred with the recommendation of the Planning Commission and approved Ordinance I To. 339 on first reading. Council also approved Resolution No. 108-97 amending the Land Use designation of the subject site from"Office"to"Service Commercial". Analysis: The purpose of the CS zone is to provide for light manufacturing and service needs of the community while he purpose of the CP zone is to provide for offices, limited retail shopping and personal service r eeds. The intent of the proposed zone change is to develop the subject property as a used cai dealership,which is not allowed in the CP zone but is allowed in the CS zone. Conclusion: Upon a royal of second reading and passage of the 30-day referendum period, the new zoning will be a ective. ATTACHMENT Ordinance No. 339 ATTACHMEH T E • ORDINANCE NO. 339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .ATASCADERO AMENDING THE OFFICIAL CITY ZONING MAPBYREZONING CERTAIN REAL PROPERTY AT 4650 EL CAMINO REAL FROM CP (COMMERCIAL PROFESSIONAL) TO CS (COMMERCIAL SERVICES) (ZONE CHANGE 97009 - JORDAN) WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as . required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not result in a significant adverse effect on the environment - the Negative Declaration prepared for the project is adequate as defined by the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97009. NOW, THEREFORE, the Council ,of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the General Plan Land Use Element. 3. The proposal will not result in, any significant adverse environmental impacts. The. Negative Declaration prepared for the project is adequate. Section 2. Zoning Map. The City' s official Zoning Map is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ')00033 Ordinance No. 339 Page 2 ordinance by reference: Assesso ' s Parcel Map #s 049-222-038 and 049-222-039 Lots 3 and 4. Block 2, Atascadero Colony Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its . passage in the Atascade o News, a newspaper of general .cir.culation, printed, pub ished. and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the - adopting and posting of this ordinance and shall cause this , ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its- passage. On moti n by Councilmember and seconded by Councilmember the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, • CA By: HAROLD L. CARDEN III, Mayor ATTEST: • MARCIA M. TO GERSON, City Clerk ')00034 Ordinance No. 339 . Page 3 APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director • ')00035 S ITEM NUMBER: A - 9 ' DATE: 01/27/98 �n i9is � i97 City Mana er's Agenda Report Wade G. McKi ney Police Equipment and Service Purchases Using Citizens Options for Public Safety ( OPS) Grant Funds. Total Grant Funds $57,155. RECOMMENDA ION: Staff recommends app oval of the attached Resolution authorizing the purchase of computer equipment and service 3 as listed below,totaling $51,805. DISCUSSION: Background: In 1997,the State Legislature enacted AB 11 which funded the Citizen's Options for Public Safety grog am (COPS) for FY 97-98. This is the second of a five year program funding law enforcement personnel and equipment. Monies must be used for front line law enforcement needs, an may not supplant budgeted funds. As last year, we are continuing to upgrade our computer system, and replacing other worn out equipment in the police facility. This is the second oft o parts. Part one approved the request to use the services of Techni Computer Company tc install a new required California Law Enforcement Telecommunications System (CLETS),relo sting from Santa Barbara County to San Luis Obispo County, and , assess our current police network,resolve network printer problems and research and recommend an E- mail system. Total cot of part one $5350. Part two will be implementing many of the recommendations as li 3ted in the Technology Project Report from Techni Service Company. Summary: With the rc maining funds, $51,805,we will purchase the following: 1. $24,402. omputer equipment and software (various vendors). 2. $8,500. ontract with Techni Computer Company for install, upgrade, and project anagement. 3. $5,991. Firewall and installation(Advanced Networking- for CLETS). 4. $4,716. Fwo CLETS computer terminals(Dell). 5. $3,606. Mail (MS Exchange and Outlook). 6. $1,600. Virus protection package for the network. 7. $1,000. qagnetic tapes for the phone recorder system. 8. $600. ax Machine. 9. $2,377. urniture and other contingencies. -)0003 ITEM NUMBER: A - 9 DATE: 01/27/98 There may be equipment substitutions or deletions, depending upon the cost at the time of purchase, and other hidden or unknown costs. Analysis: In today's world with shrinking budgets, computers,networks, and access to the World Wide Web, are a necessity for our local government to remain efficient and competitive. In researching our computer needs in the Police Department,and the requirements for our CLETS system, we took a more global look,keeping in mind the rest of the City needs as well. Although we do not have an adopted City wide Technology Plan, staff has met with Andrew Fruin to insure the plans are consistent with the new recommendation. Staff's goal is to stretch these law enforcement dollars to get as much technology infrastructure as possible, allowing use by the entire City for the same dollars spent at the Police Department. When this computer upgrade is complete we will have a secure connection to San Luis Obispo County, and the ability to have a secure connection to the World Wide Web. We will also have an E-mail server that will be capable of serving the entire City,requiring only the connection to City Hall from the Police Department, and connecting the local area networks within City Hall to each other(and at some point connection of all outlying departments). In the attached material you will see the cost of this connection has been estimated,we are waiting on a more concrete equipment specification and cost report(this should come to council within the next month or so along with an Internet connection package). Several assumptions have been made in planning our infrastructure,for money savings reasons. Due to our need for a secure connection with the County for our CLETS line, as required by . Department of Justice, and the County requirement that the line come directly into the Police Department, we saw no reason that the connection to the Internet could not use the same Firewall as the CLETS system. This would then require a connection between City Hall and the Police Department,thus also allowing City wide use of the Mail Server and Internet access. Housing this equipment in the Police Department also makes sense for security reasons,the Police Department is manned 24 hours a day, City Hall is not, and the Police Department has a back up generator for power outages. At any time,when finances allow the purchase of duplicate equipment, other city departments can house their own mail and connection equipment. I. $24,402 will provide the police department with new printers, new laptops,mirrored hard drives on the server, memory upgrades to all network workstations, new hubs, a second UPS, and an equipment rack to house all key network components in a lockable secure cabinet(earthquake safe). 2. $8,500 will provide 106 hours of technical time to install printers on the network, install the NT server and exchange on a mail server,mirror the hard drives on the PD network server, optimization of the server,project management of firewall, and network improvements, set up of equipment rack and cabinet, install McAfee's virus protection software on the server and workstations,upgrade RAM memory in 12 workstations, and install new workstations on the network. 3. $5991. Will provide the firewall and installation of the firewall software by Advanced Networking Company. ')00038 ITEM NUMBER: A - 9 DATE: 01/27/98 T terminals in the 4. $4,716. Will pr vide two CLETS PD for the new required change from the Santa Barbara CLETS switch to the new San Luis Obispo CLETS switch. 5. $3606. Will pr vide an E-mail server and Microsoft Exchange server software, with Microsoft Outlook on I he workstations. This server will service the entire City upon completion of the wireless connection to City Hall. 6. $1600. Will pr avide virus protection for the file server and all workstations in the PD. 7. $1,000. Will p ovide 200 magnetic tapes for the phone recording system in the dispatch room. We are require to keep 181 days of recordings, allowing a few extra to replace those required to be held in our evidence room for criminal cases. 8. $600. Will provide a new fax machine, allowing our current fax to go to the Community Services Department. 9. $2,377. Will p-ovide for furniture necessary in dispatch, and to cover any hidden or unknown costs. Any monies remaining will be directed toward a city wide Internet connection. FISCAL IMPAC The funds requested f r this project are grant funds previously allocated to the City for use in the police department. This request is to use the remainder of these grant funds, $51,805. RESPONSIBLEDEPARTMENT: Police ATTACHMENTS: Resolution No. 1998-013 Excerpts of the Technology Project Report: Police network upgrade recommendations, by Techni Service Company. RESOLUTION NO. 1998-013 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT AND SERVICES WHEREAS, the City Council of the City of Atascadero wishes to purchase computer equipment using AB11 grant funds; and WHEREAS, the funds provided under the Citizens Options for Public Safety Program must be allocated every year for the year's program; NOW THEREFORE BE IT RESOLVED, that the Police Chief is hereby authorized to execute for, and on behalf of, the City of Atascadero, purchases using AB11 grant funds totaling $51,805. PASSED AND ADOPTED at a regular meeting of the City council of the City of Atascadero held on the 27 of January, 1998. On motion of Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on • the following roll call vote: AYES: NOES: ABSENT: ATTEST: CITY OF ATASCADERO MARCIA M. TORGERSON HAROLD L. CARDEN, III City Clerk Mayor APPROVED AS TO FORM: ROY A. HANLEY City Attorney. -)000,;o . . Atascadero Police Department Technology Project Report: Police Network Upgrade and Internet Service Provider Recommendations January 12, 1998 Techni Service Company San Luis Obispo, California Technology Project Report: Network Upgrade and ISP Recommendations Executive Summary Police Department Network Hardware Upgrade Requirements The Police Department(PD) currently has a Gateway 2000 G6-200 computer for a server, twelve Gateways 2000 P133 16MB RAM computers for workstations, and three Toshiba 75Mhz laptops for Patrol. Administration has a HP LaserJet II printer. Investigations have a HP DeskJet 820Cse printer. The Watch Commander office has a broken NEC laser printer. Dispatch has a Panasonic dot matrix. The PD currently has serious printing problems,which hurts staff productivity. The Watch Commander office had to borrow the new CLETS dot matrix printer. The PD serious needs new printers. The Police Departments also needs three new Pentium laptop computers for the Chief and two Lieutenant offices. These key police officials both attend many meetings and work many extra hours at home or on the road. They need to have a laptop computer available to them to do their work under any environment. They could even dial into the PD network for access to database files, document transfers, calendaring,and email purposes. TSC recommends the purchase of all priority one and two equipment listed in Table III. This equipment will cost$24,402 (Table IV—Option Two). Option two (Table IV)would provide the PD with new printers, new laptops, PD Server mirrored hard drives, memory upgrades to all PD network workstations, new hubs, a second UPS, and an equipment rack mount housed in a lockable cabinet for key computer equipment in the conference room. Police Department Network Software Requirements In today's world, computer systems are constantly being damaged by virus infections. These viruses can completely disable a computer. If the server is infected,the complete database could be lost. This could result in a lost of valuable resources and system down time. Viruses can infect a computer by being transferred from a disk or by being downloaded from the Internet. Both the server and workstations need to be protected to stop any infections from entering the PD LAN. TSC recommends McAfee's Total Virus Defense (TVD). McAfee's TVD is a widely used product in the computer industry for LAN virus protection. Total Virus Defense (TVD) is a combination of VirusScan(Workstations)and NetShield(Servers). The cost of this product is $1,600 (Table V). Firewall Requirements for Network Security Connecting the Police Department to external resources such as the County of San Luis Obispo Wide Area Network and an Internet Service Provider creates a risk to internal Police data security. The Department of Justice mandates the police departments assume the risk of network integrity. Not all agencies connected to County of San Luis Obispo Wide Area Network have installed a firewall on their system. Many of these agencies are connected to their own Internet Service Provider. For these reasons, a firewall (specialized network security device)is recommended. TSC recommends the WatchGuard Firebox for a firewall. This product meets the National Computer Security Association(NCSA)standard. The cost of the WatchGuard Firebox, installation, and Firewall Penetration Scan Test is $7,545 (Table VIII&IX). On-going maintenance 1 1)00042 Technology Project Re ort: Network Upgrade and ISP Recommendations and support of the Firebox software will be provided by the firewall installer,Advanced Network Concepts, for$750 per ear(Table X). Police Network Email and Calendaring Services There is a need for Sup r6sor Staff to be able to schedule meetings with both PD and City wide personnel. PD staff also needs to communicate via email both to interdepartmentally and City wide staff for messaging and document review processes. The addition of a calendaring and email system will allow the PD to wc rk more efficiently,which will free up time needed to work on law enforcement matters. TSC recommends the I olice Department chooses a combination of Microsoft Exchange Server 5.5 on a dedicated Windom s NT Mail Server with Microsoft Outlook 97 on the Workstation for its Email and Calendaring needs. This package is Option A on Table VIII and its costs $3,606. Police Department Wireless Connection to the City Hall Network At the present time the a is no data communication link between the Police Department and City Hall. The WAN link b tween PD and City Hall will allow citywide email, calendaring, and document management between departments. TSC recommends a WAN wireless solution(Option WANWL)for connecting PD and City Hall together. Wireless has an approximately 20 times greater signal through put than 128Kbps ISDN and is much more cost effective in the long run. The wireless connection equipment and installation . costs $10,836 (Table XIV—Option WANWL). Internet Service Provider Access to the Internet as become a necessary tool for worldwide email, an agency/City information Web page, and topical and marketing research. Searching the Internet for specific information can save both time and money in employee resources vs. a person having to do the same research by older traditional methods. An Internet Services Provider(ISP) can provide a dial up connection to the Inte et, email administration, and Web page design and hosting, and training of staff on the use of email and searching the Internet. TSC recommends California Internet Connect(CIC) as an Internet Services Provider. CIC offers the only ISDN Centrek service for the 466 prefix. CIC offers a ISDN Centrex service plan called Small Office Home Office (SOHO) for$199.95 per month unlimited use. Pac Bell will charge $45.00 per month and no per minute fee (see Table XVII).The total cost for the ISP and Pac Bell Charges is $244.95 per month(see Table XVII). Wide Area Network System Integration To save installation a d configurations labor costs, all Internet and Wide Area Network connections to the P ice Department should be done at the same time. The labor cost savings are thousands of dollars, )lus there is minimum down time of computer networks. The PD LAN Mail Server and the ISP cc nnection needs to be installed at the same time for network system integration. • Also project management is necessary for a smooth network system integration. 2 Technology Project Report: Network Upgrade and ISP Recommendations Police Department Network Hardware Upgrade . Background The Police Department currently has a Gateway 2000 G6-200 computer for a server,twelve Gateways 2000 P133 16MB RAM computers for workstations, and three Toshiba 75Mhz laptops for Patrol. Administration has a HP LaserJet II printer. Investigations have a BP DeskJet 820Cse printer. The Watch Commander office has a broken NEC laser printer. Dispatch has a Panasonic dot matrix. The PD currently has serious printing problems,which hurts staff productivity. The Watch Commander office had to borrow the new CLETS dot matrix printer. The PD Server, hubs, CLETS router, APC UPS, and the Motorola CSU/DSU are located in the conference room. The PD Server tower and the UPS are on the floor and the other equipment is on a table. Cat 5 cables connecting the hubs to the LAN nodes located throughout the building are hanging loose from the conference room ceiling to the top of the table which house the hubs. All the equipment located in the conference room should be placed in a rack housed in a lockable fb, cabinet for damage and security reasons. The PD Novell server does not have mirrored hard drives. The server also has no tape backup unit. Server database files are backed up via a Windows 95 workstation over the Cat 5 cable. Also,the Gateway 2000 G6-200 computer is not a true server in its architecture. Hardware Purchases and Upgrades PD Server The PD Gateway 2000 G6-200 Server currently has 128MB of RAM, one Seagate 4.3GB wide differential SCSI hard drive, but no tape back up unit. The 128MB of RAM is the maximum amount of RAM this computer can hold. The 4.3GB hard drive has been configured so that only 1.2GB is available for use. The Volume structure needs to be reconfigured to allow the frill use of the entire 4.3GB. This space should be allocated for future data and image files,plus the installation of new Booking and Imaging programs. Each image is approximately a 45KB JPEG file size. Every time someone is arrested a new image photograph should betaken. The Atascadero Police Department has an average of 100 arrests per month, therefore entire 4.3GB hard disk space is needed new data and image files. The hard drive should also be mirrored by adding an identical second 4.3GB hard drive. There are two reasons why mirrored 4.3GB hard drives are recommended. One, if the LEADS CAD/RMS software crashes,there could be a loss of important data files. LEADS has crashed a number of times at another Police Department resulting in a lost of data files. If there is a lost of data files from one of the hard drives, a complete duplicated data file set is available on the other mirrored drive. The second reason is that restoring lost files from a mirrored hard drive is much faster than using tape backup. If you have only one hard drive, data files generated between tape backups are lost. • If a computer is completely damaged, mirrored hard drives may not save the system and data files, therefore these files need to be also saved on backup tapes. The current TBU in Ann Banks 5 G)()i•`� Technology Project Re ort: Network Upgrade and ISP Recommendations workstation is an IDE device. A Wangtek 2GB Internal SCSI DAT Drive 4mm would need to be installed in the PD Server to with Backup Exec software (see Table III). The current TBU uses the Ditto software that was made for Novell 3.12 and doesn't fully support Novell 4.X. The Backup Exec software is fully compatib e with Novell 4.X,but its requires a SCSI TBU.This software can backup all critical files both binary and data Workstations The Police Departments needs three new Pentium laptop computers for the Chief and two Lieutenant offices. Thee key police officials both attend many meetings and work many extra hours at home or on the road. They need to have a laptop computer available to them to do their work under any environment. They could even dial into the PD network for access to database files, document transfers, calt ndaring, and email purposes. Three new Pentium con Lputer workstations are needed: One computer for Reports and two computers for Investigations. Since there is not presently enough computers in Reports and Investigations, staffs ha a to share computers which cost a lost of departmental productivity. A good choice for a new workstation would be the Compaq Deskpro 2000 Pentium 200MHz * Model 520 MMX MT 32MB RAM, 3.2GB HD, 12X CDROM,2MB Video RAM,Microsoft PS2 Intellimouse, 3.5" 1.44M13 FDD,with a 15"SVGA Monitor. TSC recommends all new computers being purchased be a named brand like Dell, Compaq, IBM, or Toshiba. These compu ers should carry at least a one-year warranty,but a three-year warranty is preferred. Also,the twc lve Gateway 2000 P133 workstations have 16MB RAM. An additional . 16MB RAM should be idded to each Gateway workstation for a total of 32MB RAM. Hubs The PC LAN currently ias three Kingston EtheRx Stackable 8 port hubs. These stacked hubs provide 24 Ethernet 10 ASE-T ports for equipment connection. New workstations, routers, a firewall, and mail serve will be added to the LAN. The PD network equipment needs at lest 36 Ethernet l OBASE-T po is for future expansion of the LAN. TSC recommends that a three Kingston EtheRx Stackable 8 port hubs be replaced with a 3COM SuperStack II PS Hub 40 24 port hub and a 3COM SuperStack II Switch 1000 switched 12 port hub. The combination of the'Se two hubs provides network equipment with 36 Ethernet ports. Both the 24 port hub and the 12 port switch are manageable hubs. The 3COM SuperStack II Switch 1000 provides eleven l OBA -T switched ports and one 100BASE-TX port. The eleven l OBASE-T switched ports each provide a full l OMbps bandwidth to attached network equipment. High traffic equipment like the two CLETS workstations, dispatch workstations,watch commander workstation, routers, mail server, and the firewall should be connected to this switched hub. The one 100BASE- TX port should be conriected to the PD Gateway Server. This port provides a full I OOMbps bandwidth for the PD I erver minimizing any traffic problems. Printers The writing and printing of reports is a daily task for the majority of police personnel. Most of the printers on the PD network are older models with slow output performances by today's standards. The laser printer in the watch commander office is completely useless. The watch commander is now using a CLETS dot matrix printer on loaner bases while hoping his office will get a new laser printer. When there art:printing problems on a daily bases,there is a lost of both time and 6 ')13004.5 Technology Project Report: Network Upgrade and ISP Recommendations production in the department. The police personnel need to spend their time on police matters,not on solving printing problems. When personnel are not to do their work, it leads to frustration among the staff. TSC recommends five new BP LaserJet 4000N printers. The BP LaserJet 4000N 1200DPI 17PPM has an internal jet direct card for a network CATS cable connection. This is BP's newest LaserJet printer. It is much improved over the older models. The five printers will go into the Watch Commander Office,Administration,Investigations,Dispatch, and Reports. Most of the current PD printers are attached locally to network workstations. Printers attached locally to workstations, require that the workstation stays powered on in order for other workstations to print to it. Some users, who have shared printers attached to their workstations, leave the building still being logged onto the network PD Server. This is a security problem. A dedicated network printer is attached directly to the LAN and there is no security risk. Also there could be a hardware or software failure with a workstation,then the attached printer would not be available to network users. An alternative cheaper laser printer is a BP LaserJet 6PXI ($721.29)plus jet direct print server card ($277.53)for$998.82. The BP LaserJet 6PXI is a 600DPI 8PPM printer. The BP LaserJet 4000N printer cost $380 more than the BP LaserJet 6PXI, but it is a much better printer well worth the additional cost. A computer should be placed in the jail area along with a colored inkjet printer for a future booking program that attaches a color photograph of the prisoner to the booking sheet. The BP DeskJet 820Cse located in Investigations should be moved to the jail area. A new BP DeskJet 870CXI Professional should replace the former BP DeskJet 820Cse in Investigations. The Watch Commander, Administration, Records and Dispatch, Investigations, and Reports offices should each have three different printers available. This allows work to continue when printing problems occur. Police personnel should not be spending valuable their time fixing printer problems, but doing police work. UPS A second UPS needs to be added to protect new routers, firewall, mail server, and other equipment. The new UPS should be an APC 700VA Smart UPS with PowerChute Plus software. The APC PowerChute Plus will monitor the Smart UPS, Firewall, and the Bay Networks router. If there is a power failure,this software will shut down the system in an orderly manor without loss of important files. The PD has a backup generator that come on with on minute in case of power loss,but this software is a good protective idea. Equipment Rack and Cabinet The PD Server,hubs, CLETS router,APC UPS, and the Motorola CSU/DSU are located in the conference room. The PD Server tower and the UPS are on the floor and the other equipment is on a table. Cat 5 cables connecting the hubs to the LAN nodes located throughout the building are hanging loose from the conference room ceiling to the top of the table which house the hubs. Cats cables should never be hanging loose, but should be connected to a rack mounted patch panel. Jumper cables from the patch panel are then connected to the hubs. The length of all Cat 5 cabling should be as short as possible. 7 ')000 s6 Technology Project Re ort: Network Upgrade and ISP Recommendations Another problem is tha the PD Server Novell operating system is not password locked. The only security protecting access to the PD Server and other key LAN equipment is locking the conference room door. This is a v ry poor method of security. All of the computer equipment located in the conference room shoul be rack mounted for inner connection stability. This equipment rack should be housed in a I Dckable cabinet. Even though the PD Server would be locked up in this cabinet,the Novell operating system should be password protected. The password should be changed every three months and only key personnel should know the password. TSC recommends the I ireat Lake 8401 cabinet with two mount rails listed in Table III. 8 ')0004'7 Technology Project Report. Network Upgrade and ISP Recommendations Police Department Network Software Upgrade, Configuration Changes, and Training Background Microsoft Office 95 is currently installed on all the workstations. Microsoft Office 97 Professional. has already been already purchased, but not installed. MS Office 97 Professional contains Outlook 97,which is compatible with Microsoft Exchange Server 5.5. Microsoft Exchange Server 5.5 may be a future purchase for mail and calendaring administration over the WAN. The PD Gateway Server network operating system is Novell 4.11. Both the PD Server Volume and user directory structures need to be completely reconfigured. Over half the 4.3GB hard disk space is not even available for use. The login script also needs to be completely rewritten. The Ditto tape backup software for the server saves only Novell 4.X data files since it was designed for Novell 3.X. There is also no virus protection on PD Server. There is only virus protection on the Watch Commander's workstation. The other workstations are completely unprotected. :. The PD owns the LEADS CAD software for call taking,but has not used it for five years. All non- 911 calls are handled manually. There is also no professionally trained network administrator. Software Purchases and Upgrades Microsoft Office 97 Professional Since the PD already owns Microsoft Office 97 Professional it should be installed. This software suite contains Word 97, Access 97, Excel 97, PowerPoint 97, and Outlook 97. Outlook can be used as part of the email/calendaring solution. Virus Protection In today's world, computer systems are constantly being damaged by virus infections. These vinises can completely disable a computer. If the server is infected,the complete database could be lost. This could result in a lost of valuable resources and system down time. Viruses can infect a computer by being transferred from a disk or by being downloaded from the Internet. Both the server and workstations need to be protected to stop any infections from entering the PD LAN. On another project TSC worked on, five different viruses were found on that organization's LAN. A good virus protection package will remove any existing viruses and prevent any new ones from infecting the LAN. McAfee's Total Virus Defense is a widely used product in the computer industry for LAN virus protection. Total Virus Defense (TVD) is a combination of VirusScan(Workstations)and NetShield(Servers). This product is license for multi platforms: DOS, Windows 3.11, Windows 95, Windows NT Workstation,Novell 4.X, and NT Server 4.0. TSC highly recommends the purchase of this product alone with periodic upgrades to protect the PD LAN. 13 ')900.18 Technology Project R ort: Network Upgrade and ISP Recommendations Windows NT ServerVs Novell Operating System The current PD Server operating system is Novell 4.11. The Novell operating systems has been an industry standard for many years. It has a very large user base. It is an excellent file and print sharing operating system. The downside is it can be hard for non-trained personnel to administrate. Windows NT Server has a Graphical User Interface (GUI),which makes for easier administration. The new version of Win NT will incorporate many of Novell's best features. Win NT Server 5.0 is now in the Beta test phase and may be released first quarter 1999. The PD should not switch to Win NT Server for at least six months because the LEADS CAD/RMS software is now only b ing tested with this operating system for the first time. The Paso Robles Police Department is the only site currently using LEADS CAD/RMS on the Windows NT platform. They just s itch from Novell to Win NT operating system on December 1997. The. LEADS Software Company told TSC that the Paso Robles PD is suffering from file corruption problems. The Atasca ero Police Department should wait until these problems are resolved. Also to run LEADS on Win NT Server requires an updated database version which costs about $700.00. A good time to switch to the Win NT Server operating system is when it becomes a citywide standard. Training Network Administration Training One or two employees with a solid computer background should be chosen to attend network administrator training school. A basic training course lasts five days and costs approximately $2000.00. Students are taught how to add or remove employee accounts, setup user access permission levels, and add or remove computer equipment and software such as a new printer to the server environment. Classes are offered for both Novell and Window NT Server operating systems for about the same price. Since the PD may swit h from Novell to Win NT Server operating system within the next year, it would be wise to spend the money for training on the new operating system LEADS CAD Call T ker Software Training The PD already owns t e LEADS CAD system, but dispatcher personnel are not presently using it. The LEADS Software ompany is willing to update the PD with the latest CAD structure files and provide a full day of o site CAD training session free of charge under the current maintenance contract. The Paso Robles Police Department has been using the LEADS CAD software successfidly for the pat five years to handle its incoming calls. The CAD software is also fully integrated with the LEADS Record Management System(RMS). To increase call-taking efficiency, TSC recommends the ase of the LEADS CAD software until a better CAD/RMS program can be 0 purchased. /�/q11 600 e/�uAl V`(yam Technology Project Report: Network Upgrade and ISP Recommendations The LEADS CAD/RMS can also be integrated with Motorola Centralink 911 call taker system. The State will pay for the 911 integration with the LEADS CAD program by processing a TD280 form. Techni Service Company is willing to assist the Police Department with the paper work process. Recommendations The two greatest software needs are to optimizes the PD Server and purchase and install a complete LAN virus protection software package. The PD Server needs to be optimized to allow for more available hard disk space for database files and any future applications like the a Booking and Imaging software program. If the PD is not able to purchase a new CAD/RMS software within two years, it should purchase the new LEADS Booking and Imaging Software for$9,000 for both programs. Most other CAD/RMS programs can reuse the JPEG image files used in LEADS. Each JPEG image file is about 40KB in size. If thousands of these images are stored over time,there needs to be sufficient hard disk space. Virus protection is very important to stop file destruction and prevent a lost of time and resources. The McAfee's Total Defense software should be purchased and installed as soon as possible. All PD Server and Workstation login passwords should be changed every three to six months. Passwords should six alpha numeric characters in length like ZAM8CY. No family names, nicknames, or commonly uses words should be used as passwords. Until new CAD/RMS software can be purchased, dispatcher personnel should start using LEADS CAD software for call taking. This software will assist the dispatcher in being more efficient in job performance. The LEADS Software Company will come on site for a free one day training session free of charge under the current maintenance contract. The LEADS CAD/RMS can also be integrated with Motorola Centralink 911 call taker system. When the PD migrates over to the Win NT Server platform, the network administrator should be sent to a Network Administration Training School for both beginning and advance training. If an employee is properly trained, it will save the PD money not having call on a computer contractor in a time of trouble. • 17 ')O0050 Technology Project R ort: Network Upgrade and ISP Recommendations MPolice Department Firewall Background The Atascadero Police epartment currently has no firewall protection to guard against unauthorized access to is Local Area Network which houses its law enforcement database files. Before the Police Depa tment should connect to an ISP or the County of San Luis Obispo, it needs to have a firewall in place stop unauthorized traffic. Police Department tequirements for a firewall Access Control and S curity against the County Wide Area Network Users The County of San Luh Obispo is expanding their county-wide network using frame relay leased lines, a service of Pacif c Bell. The County has over 50 agency networks connected to this private wide area network. Mc st of these agencies are not protected by a firewall. The security measures used by most of these a encies are limited to username and passwords for access to the IBM SNA- based mainframe applications over the wide area network. CLETS and LAWS criminal information databases as well as fin ncial information and family services information are passed through this wide area network. Some of the agencies, hich currently have access to the countywide area network, have internal • networks that again connect to Internet resources. If these agencies have no firewall,then Internet users coming through the Cal Poly network threaten all networks on the County wide area network. Other hazards are also f iossible when there are so many agencies connected with little network security. The County main data I rocessing department where CLETS is passed through is in the progress of installing a firewall, bul there are possible other security holes in the rest of the County wide area network. Access Control and S urity against the Internet By definition, security i 3 keeping anyone from doing anything you don't want them to with, to or from any of your computers,or any peripheral devices. This very broad definition leads to important issues that were addressed during the development of Atascadero Police Department's network security strategy. There are four principle threats to the sanctity of a network site: unauthorized alteration of data; unauthorized access to I he underlying operating system; eavesdropping on messages passed between server and a client; and impersonation. Corporate and government statistics prove that the Internet is an unsecured environment where many individuals with bad motive are seeking out networks to compromise. Most hac cers are not interested in dedicated resources or data at a site,but using out- going connections to of ler targets. A hacker who compromises or impersonates a host will usually have access to all its re urces: file, storage devices,phone lines, etc. At the Atascadero Police Department, some agen y data is very sensitive and even read only access can not be permitted. The answer is Protect tf,e agency network from unauthorized use of out-going connections,trashing 18 I8�;C51 Technology Project Report. Network Upgrade and ISP Recommendations of network services and access to sensitive data. More specifically, all Internet inbound requests for services must be denied. • "How much security can you afford?" Since the Department of Justice mandates network security,Atascadero Police Department can not afford to ignore security. The Department of Justice holds each individual police agency responsible for its network security. Internet security is relatively cost effective. The firewall software and hardware selected is a necessary expense. A contract firewall specialist performs installation and configuration. On-going maintenance is minimal through a maintenance contract. These services should include random security monitoring. The firewall vendor provides upgrades with the yearly maintenance agreement. The overall cost of providing a security must be reviewed periodically since enhancements are always being added. Firewall Strategy A firewall consists of several different components. The filters or"screens"block transmission of certain classes of traffic. In general, the outside (inbound)filter can be used to protect the Police network from attack, while the inside (outbound) filter is used to guard against insecure connections to resources outside of the Police network. Your firewall should inspect and block unwanted traffic and camouflage internal address. The Firewall resides between your router and your trusted local area network(see figure 2). The firewall can be a stand-alone box or a PC running firewall software. Your router can also be configured to block unauthorized IP addresses. One of the best firewall software packages on the market is called Checkpoint Firewall-1 version 3.0. This product runs on a PC and meets the National Computer Security Association (NCSA) standard. It requires you supply a Pentium computer with multi-network interface cards (NIC). The price of the Firewall-1 software alone for 25 nodes is $2,845 plus an installation and configuration cost of$2,400 by a certified Checkpoint engineer. The total cost for 25 node is approximately$7,045 ($2,845 Firewall-1 software + $2,400 installation and configuration+$1,800 for a Pentium computer). Since a Citywide WAN is going to require more than a 25-node license, an additional 75-node license would be required at a cost of$2,500.00. For 100 nodes the total price would be $9,545.00. WatchGuard makes a firewall called Firebox. This product also meets the National Computer Security Association(NCSA) standard. Its is a stand-alone product that saves you the cost of buying a PC to run a firewall software. It best selling point is that is comes with an unlimited node license. As you add nodes from you LAN and WAN,there is no additional licensing fee. This product costs $5,445 for the Firebox and installation(see Table VIII). This is a considerable saving over the Checkpoint Firewall-1 product. The downside is that Firewall-1 is a better security product than the Firebox. The good news is that both products meet the National Computer Security Association(NCSA) standard and the Firebox costs a lot less due to licensing issues. Internet Security Test . You don't know if your network is secure until a security expert has made a determined effort to breach your defenses. The security scanning services of an independent security specialist will 19 1)00 Technology Project Report. Network Upgrade and ISP Recommendations determine whether the deBinses established by the firewall can be breached. The software used will be Internet Security Scanner software specifically designed to test for network security vulnerabilities. The scan will take one ll day. The scanning host will attempt to find internal network resources from outside of the fire all. Results of the test will determine whether the firewall provides the security it has been des gned to do. If breaches are found,the firewall contractor must correct any problems identified. Techni Service Compa y will review the test results and include a briefing in a report to Atascadero Police Department. Our report will explain which checks are important to police security under this strategy. A written test results report can also be purchased from Data Systems West for$2,500.00. <a Technology Project Report. Network Upgrade and ISP Recommendations Recommendations TSC recommends that WatchGuard Firebox be installed as the firewall. This product meets the National Computer Security Association(NCSA)standard. Its is a stand-alone product that saves you the cost of buying a PC to run a firewall software. It best selling point is that is comes with an unlimited node license. As you add nodes from you LAN and WAN,there is no additional licensing fee. This product costs $5,445 for the Firebox and installation(see Table VIII). This is a considerable saving over the Checkpoint Firewall-1 product. The downside is that Firewall-1 is a better security product than the Firebox. The good news is that both products meet the National Computer Security Association(NCSA) standard and the Firebox costs a lot less due to licensing issues. TSC recommends that the Police Department purchase the annual WatchGuard software subscription agreement for$750.00 per year. This software subscription agreement provides software updates to the Firebox to stop unauthorized traffic. After the firewall is operational, a rigorous firewall scan/penetration test is required by a different firm than ANC who installs and configures the Firebox. TSC is recommending Data Systems West to perform the firewall security scan test. This company has been in business since 1971 and has specialist in firewall security scan tests for the past five years. Their clients are both fortune 500 companies and public sector agencies. The firewall security scan test should be conducted only after the Firebox is connected to the County of San Luis Obispo(56K bps frame relay), an ISP, and to City Hall (WAN). If there is ever a problem with security issues regarding outside unauthorized access to secure data, the Police Department will be in a better position to defend itself to the Department of Justice with a tested firewall in place protecting its network data files. Professional assistance is required to configure the firewall properly. After the ISP and City Hall is added to the Police Department network, there will have to be some adjusts in passing IP address through the firewall. TSC recommends that the PD budget$1,800 for labor costs for any firewall configuration changes. The $1,800 will cover any labor costs required by the firewall contractor, ISP engineer, and the mail administrator contractor. 28 Technology Project Report. Network Upgrade and ISP Recommendations Network Email a d Calendaring Services Background At the present time the is'no email and calendaring services operating within the PD. There is a need for Supervisor Sta T to be able to schedule meetings with both PD and Citywide personnel. PD staff also needs to conu.1unicate via email both to interdepartmentally and City wide staff for . messaging and docume it review processes. The addition of a calendaring and email system will allow the PD to work rr ore efficiently, which will free up time needed to work on law enforcement matters. Mail and Calendaring Systems Software Products Microsoft Exchange S rver 5.5 and Workstations with Microsoft Outlook 97 The combination of Microsoft Exchange Server 5.5 on a NT Mail Server and Microsoft Outlook 97 on the Workstations is a full-fealured,integrated electronic mail and calendaring package that also offers Internet ;u access for email and othet fupctions. The Police Department already owns Microsoft Outlook and Microsoft Exchange Sery r works well with Outlook. The advantage of Microsoft Exchange Server is that it has a reasonable size user base in the small to mid-sized office environment,therefore it is well supported. Also the user base is cons aptly growing. The two disadvantages are that it runs only on Microsoft NT Server and it has a limit o 16GB storage capacity for email and other files. In larger office environments were more that 16GB of s orage is required multi-Mail Servers are networked together. The 16GB storage limit issue will probably r ever be a problem for needs of The City of Atascadero. Netscape Communication and SuiteSpot 3.0 Netscape's Communica or is a frill-featured, integrated electronic mail and calendaring package that offers all the Internet web browsing capabilities of Netscape Navigator. Netscape's SuiteSpot is a suite of products that provide resources and application services to both end users and administrators which he ps tie together and run the overall network environment. SuiteSpot nins over UNIX,NT Server but not over Novell Netware. Communication is now undled with WordPerfect in Corel Office Suite that makes its purchase convenient for organizations based on WordPerfect word processing. Atascadero Police Department recently pur hased upgrades to Microsoft Office 97 which includes Word 7.0 and Outlook, an integrated mail and calendaring package. It makes sense for the Police Department to use what they've already purchased unless the City has established another mail standard. Communication package s and networks have native communication languages, called protocols, they use. Microsoft's native protocol is NetBEUI,Novell's protocol is 1PX/SPX, and the Internet standard is TCP/IP, whi h is the basis for Netscape's products. Police CLETS access through the County uses TCP/IP on both the workstation and the router. The County provides technical support for CLETS technology. CP/IP is more complex and difficult to administrate than Microsoft and Novell network protocol even though they in themselves are complex. While Netscape's Communicator and Suite Spot products provide comprehensive network services and applications, • they introduce greater dependency upon TCP/IP-based technology that the Police Department does not appear prepared to st pport. It is our experience that network vendors in San Luis Obispo County are not prepared 6o support agencies operating in this environment and we cannot recommend it. 29 1).)0()JJ Technology Project Report. Network Upgrade and ISP Recommendations Microsoft and Novell mail products enjoy a much greater installed-based than Netscape's recently • introduced Communicator. All three companies have products of comparable,tested quality. However, we do not recommend that Atascadero Police Department be the first agency in the County to base their electronic mail and calendaring applications on it. Novell GroupWise 5.2 Novell GroupWise 5.2 integrated electronic mail and calendaring package that also offers Internet access for email and other functions. Novell Groupwise 5.2 package is combination of products for both the server and workstation. It can be installed on the existing PD Gateway Server or on a dedicated Mail Server. The Mail Server can have the Novell 4.X or Microsoft NT Server 4.0 operating system. The advantage of Groupwise that it has a very large size user base in the small, medium, and large size office environments,therefore it is very well supported. It is scaleable to meet any size organizational needs. At the present time, it has the most features between the three products reviewed. ` r • 30 1®0056 Technology Project Report. Network Upgrade and ISP Recommendations Table XII. Comparison of Mail and Calendaring Features .r h h Mcrosoit G rp �e scale '� 1`Ia�ve geSe er5 4mmuIIicahon Corp Groupe Ouflook an g ute o 3� a OlulOok .Xp �. a � � �u.�'. t-•«.zs,.,4." -�ear .. _��;:... �- ,�hn �w,� d�uflnlmllIIlC`dt,Ox„ Ser ver Platforms Supported Win NT Server Only Win95,Win NT,UNIX Win NT,UNIX, Netware 3.1 x/4.1 x Client Platforms Supported Win95,Win NT 3.51 & Windows 4.0,Outlook(32bit), Win 3.1,Win95, Win 3.1,Win95, Other Exchange client on all Win NT WinNT Windows and MS-DOS RAM requirements for cl ent Outlook Win95:8 MB 16 MB Win16: 8 MB Outlook NT: 16 MB Win95: 16 MB WinNT:24 MB Minimum hard drive requirements for clients Outlook:26 MB 30 MB Win16:20 MIL,Outlook Express:2 MB Win95:24 MB WinNT:24 MB Network Protocols Suppc rted TCP/IP '� ✓ ✓ IPX/SPX(Netware) ✓ X ✓ POP3;IMAP4 ✓'X ✓'✓ ✓'✓ NetBEUI;PPP Other Security ✓ (via S/NIIME) Encryption available ✓ ✓ %/ (Use NT ACLS) ✓ VAccess control lists/ rivile a groups Administration/Management Tools Trace message/Message tr cking ✓ (manually done) 10%/Restrict user message stord size %I ✓ ✓ Logging/Statistics ✓ (in BackOffice ✓ VSNMP support Resource Kit) User Interface Universal inbox(e-mail, f x,etc) ✓ ✓ (via 3`d party) ✓ Preview pane or message peak ✓ ✓ '� Integrated calendar/sched ler ✓ ✓ Document management ✓ (no versioning) ✓ ✓ Import/export address bock X Distribution lists(groups) `� '� ✓ View attachment without launching application ✓ Preview attachment ✓ (via 3`d parties) Multiple attachments X X ✓ Track status of sent messages V ✓ ✓ Assign mail priorities '� X ✓ Unsend/recall sent message V ✓ Search—subject,file,name,etc. ✓ ./ ✓ Spell check ✓ ✓ %1(Reminders �/ X Routing slip function Mobile and Remote Support Conferences/Discussion Forums 34 Technology Project Report. Network Upgrade and ISP Recommendations (Con't Table XII. Comparison of Mail and Calendaring Features) etsca . � . zcliange a - e o . as,o Cbrprou tse 5 2'� oiumuniC2 (t t Contact Management x Electronic Forms/Workflow ✓ not user-defined Rules,Agents,and Filters Test rule prior to enabling it X X Automatic reply with specific text V ✓ ✓ Internet mail,Web,and News SMTPftvHNM support ✓ ✓ ✓ NNTP support(Usenet News) x Hotlinks to URLs within message �/ �/ ✓ HTML authoring �/ ✓ ✓ Edit HTML document within message, ✓ ✓ x attachment,URL x ,(Yes X No Note: 1)Netscape SuiteSpot 3.1 is scheduled to ship Q4-97 with additional features 35 ')01G01 8 Technology Project Report: Network Upgrade and ISP Recommendations ' Table NM. Compare on of Mail and Calendering Options A Windows NT ail Server 3,606.00 1)Dedicated Mail Server 1) Cost—most a Doesn't tie up the expensive option with Microso Exchange ) Server and Workstations resources of file and print 2) Exchange Server runs server(PD Gateway only on NT Server, with Microso Outlook Server) therefore the b) Public email post office is purchase of a Mail separated from police law Server computer is enforcement data files on necessary the PD Server 4) Microsoft Exchange Server supports a link to an ISP via a dial on demand or a continuous tied up line ,v connection. 5) PD already owns Outlook for the Workstations 6) Windows NT Mail Server will easily integrate with a possible future City wide NT standard. B Novell Mail Server with 3,013.34 1) Dedicated Mail Server 1) Cost to buy a Novell's Gr GroupWise a) Doesn't tie up resources dedicated Mail suite on the ail Server of file and print server Server and on the ions (PD Gateway Server) 2) GroupWise doesn't b) Public email post office is support a dial on separated from police law demand connection enforcement data files on to an ISP. the PD Server 3) GroupWise doesn't 1) GroupWise runs on Novell Support Outlook,but or NT Server uses a similar product. FCPD Gatewa Server with 1,087.34 1) Lowest cost option 1) Public email postovell's G oupW 2) No dedicated Mail Server office isite and orkstations cost located on the same 3) GroupWise runs on Novell PD Server with police or NT Server law enforcement data files 2) GroupWise uses resources on the PD file and print Server. 3) GroupWise doesn't support a dial on • demand connection to an ISP 36 Technology Project Report. Network Upgrade and ISP Recommendations . i Recommendations: Techni Service Company recommends that the Police Department choose Option A on Table VIII for Email and Calendaring needs. Option A is combination of Microsoft Exchange Server 5.5 on a dedicated Windows NT Mail Server with Microsoft Outlook 97 on the Workstation. Option A costs $593.00 more the using GroupWise on a dedicate Mail Server(Option B),but the Police Department is already on a Microsoft Office standard on the Workstations and in the future will probable be on an City wide Microsoft NT Server standard. Also a future new CAD/RMS system will probably be Microsoft NT Server based. A good first step towards a Microsoft NT standard is to have a Microsoft NT Mail Server with Microsoft Exchange Server. The extra cost in buying a dedicated Microsoft NT Server for mail administration is justified for three reasons as follows: 1) A public post office should not be installed on the same PD Server running the Record Management System software for security reasons. 2) A dedicated Mail Server doesn't tie up the resources of the PD Novell File and Print Server. 3) It doesn't required the ISP to have multiple POP accounts for email users. For security reasons the PD should administrator it own mail and not have its mail administration exposed to the Internet. A new mail and calendaring system requires training of personnel for proper and efficient use. TSC recommends that key personnel receive professional training and then these key personnel can train other staff members. On a Citywide basis,the entire City should use the same email and calendaring system for the fewest communications problems over the Wide Area Network. Also your support services can easier maintain the mail system 37 a!j00JS0 Technology Project Re rt: Network Upgrade and ISP Recommendations Ponce Department Wan Area Network Link to City Hall Network Background At the present time thert is no data communication link between the Police Department and City Hall. The WAN link bet ween PD and City Hall will allow citywide email,calendaring, and document managementbetween departments. In order to recommend the best data communication link solution more infor nation would have to be obtained on the traffic requirements between the two sites. The two mosi cost-effective data communication link methods would be a wireless link or an ISDN Centrex Circuit lease line. Police Department Wide Area Network Link to City Hall Options Option WANISDNVide Area Network ISDN Centrex Link) This option allows the AN ISDN Centrex link from City Hall to be tied into the PD LAN inside the PD firewall. This otion assumes that both the PD and City Hall Internet access connection to an ISP is external to the Pli firewall (see figure 2). The advantage of this option is that both the PD and City Hall are protec ted from security problems being connected to the Internet. Also the ISDN router attached to the P LAN hub can be configured to mostly stop unauthorized traffic between City Hall and PD netw rks. The disadvantage of this option is that PD has no control over the City Hall network plans ore vironment. At present, there is no City Wide WAN design plan approved by a computer technolo steering committee. If City Hall ends up connecting to its own ISP,the PD is in serious danger of a security leak to its law enforcement files. This option requires an acceptable security plan in place. If City Hall uses it own ISP,then it needs to install its own firewall at City Hall be ore it can have a secure data link to the Police Department. Option WANWL (Wi de Area Network Wireless Link) Even though Techni Service Company has no information from City Hall regarding their network environment and future requirements, wireless technology may be a best viable option for a reliable, high-speed communic ion link between the PD and City Hall. Unlike ISDN which is a leased line service with recurring monthly charges,the advantage of wireless technology is its a one-time cost for equipment and instillation and no recurring monthly charges. Another advantage is the signal through put is approxiniated twenty times greater with wireless (1Mbps to 3Mbps)than ISDN (0.128Mbps or 128Kb s). For the wireless option to work there must be"Line of Site"between the PD and City Hall buildings. The disadvantage of wireless is that the"Line of Site" between building may get blocked by future building con truction. It is recommended that an experienced contractor tune the antennae and equipment once a ear. The City of San Luis Obispo Fire Department uses BreezeCom wireless bridges to connect remote fire stations to the Fire Headquarters. These wide area connections have worked reliably for almost three years. The rest ofSan Luis Obispo City offices may soon convert from leased lines to this 0 technology. BreezeC m uses spread spectrum radio bridges operating at 1 to 3 megabits per second mounted on masks at I east 20 feet tall. Line of sight between antennae is required. Wireless radios, masks, antennae,cables, and labor to install them costs approximately$7,600 for both ends. Since BreezeCom's product is a bridged technology,network traffic flows freely between both sites. If 38 ')00061,061,, Technology Project Report. Network Upgrade and ISP Recommendations the agency desires to restrict traffic flow for performance or security reasons, additional equipment such as a Cisco 2514 router is required. More information related to the use of the wide area link is required to establish a wide area network design and budget. 39 Technology Project Report. Network Upgrade and ISP Recommendations Recommendations TSC recommends a W wireless solution(Option WANWL)for connecting PD and City Hall together. Wireless has approximately 20 times greater signal through put than 128Kbps ISDN and is much more cost effective in the long run. BreezeCom plans a new software module that will cause the wireless signal through put to be 8Mbps using the same hardware equipment. This 8Mbps rate is about 63 times eater that 128Kbps ISDN Centrex. The cost of this new software module is unknown. It will probably be available last quarter 1998. A faster data transfer rate means employees have more t me to do other job tasks which causes employees to be more productive with their time. ISDN Centrex equipm nt installation costs $3.008 (Table XIV)and an annual service fee of$1,178 (Table XI). In ten years, ISDN Centrex costs [($3,008 installation cost)+ 10 years X( $1,178 per year)] _$14,788.00 Vs Wireless [($10,836 installation cost)+ 10 years X($300 Smart package for the Cisco 2514 router r er,year)] _ $13,836.00 with no telco charges. If the Fire Department were added to the WAN using a wireless solution it would cost approximately$6,000.00. The wireless solution would then pay for itself in only five years (ISDN$17,796.00)Vs(Wireless $18,336.00). This would allow the Fire Department to get reporting information from the police over the WAN. The wireless technology also uses high frequency(GHz) spread spectrum radio waves that is difficult for someone to tap into. 42 ` OD063 Technology Project Report: Network Upgrade and ISP Recommendations Internet Service Provider (ISP) Background Access to the Internet has become a necessary tool for worldwide email, an agency/City information Web page, and topical and marketing research. Searching the Internet for specific information can save both time and money in employee resources vs. a person having to do the same research by older traditional methods. Also a police investigator can send email inquiries to different police agencies in one email session. Internet Services Provider Options An Internet Services Provider(ISP) can provide a dial up connection to the Internet, email administration, and Web page design and hosting, and training of staff on the use of email and searching the Internet. An organization can connect to an ISP using ISDN Dial on Demand, ISDN Centrex, Frame Relay, and T1. d ISDN Dial on Demand ISDN Dial on Demand is a non-dedicated lease line operating at a maximum bandwidth of 128Kbps. Since access to the Internet is available only when the agency is connected to the ISP, email can only sent and received when the connection is made. This provides a form of security since the agency, not the ISP, determines when the Internet channel is opens its site. this tion is its fixed number of hours g a Per hour per month before incurring The downside of s p p access charge. Best 1 charges $49.95 for 75 hours (Premium Account)plus $0.75 per additional hour. Pac Bell also charges a$45.00 flat usage fee per month plus $1.24 per hour if the whole 128Kps bandwidth is used. The total ISP and Pac Bell charges for 75 hours at 128Kbps bandwidth is $187.50 per month (see Table XVII). To save money,the ISDN router can be configured to work at 56Kbps if there is low volume traffic to the Internet and then switch over to 128Kbps in higher traffic demand situations. The Pac Bell charges for 56Kbps is $0.62 per hour. The other downside of Dial on Demand is that only Microsoft Exchange Server for mail administration will work with it. Other mail administration software needs a continuous connection like ISDN Centrex or Frame Relay. ISDN Centrex ISDN Centrex is dedicated ISDN lease line within the same dialing prefix (466). It is a tied up line that connects the agency to the ISP 7 days a week 24 hours a day. Therefore,the pipe to the Internet is continually open to send or receive mail. Also a number a mail administration software programs work seamless with it. California Internet Connect(CIC)offers the only ISDN Centrex service for the 466 prefix. CIC offers a ISDN Centrex service plan called Small Office Home Office(SOHO)for$199.95 per month unlimited use. Pac Bell will charge $45.00 per month and no per minute fee. The total cost for the ISP and Pac Bell Charges is$244.95 per month(see Table XVII). 43 Technology Project Re ort: Network Upgrade and ISP Recommendations • Also CIC will provide 35 legal IP addresses. This number of IP addresses will have to be increased as more of the City gains access to the WAN and ISP. The down side of this option is the 128Kbps-bandwidth limit. Frame Relay Frame Relay is an excellent choice for an organization to connect the Internet. Frame Relay is a non-mileage sensitive c arge service between any to sources. The big downside is cost. A 56Kbps line would cost$402.0 per month for both Pac Bell and ISP services and a 128Kbps line would cost$880.00 per month The Frame Relay equipment and installation cost from GST CallAmerica is $4,448.00 for 56Kpb and$4,769.00 for 128Kbps (see Table XVII). This equipment and service cost makes this option i Lot practical. <u 44 Technology Project Report. Network Upgrade and ISP Recommendations Recommendations : • 3ecause of the cost of frame relay,the two choices are ISDN Dial on Demand Vs ISDN Centrex. ISDN Dial on Demand has a limit in the number of base hours,then there is an hourly rate for extra usage. Best 1 charges $49.95 for 75 hours(Premium Account)plus $0.75 per additional hour. Pac Bell also charges a $45.00 flat usage fee per month plus $1.24 per hour if the whole 128Kps bandwidth is used. The total ISP and Pac Bell charge for 75 hours at 128Kbps bandwidth is $187.50 per month(see Table XVII). California Internet Connect(CIC)offers the only ISDN Centrex service for the 466 prefix. CIC offers a ISDN Centrex service plan called Small Office Home Office (SOHO)for$199.95 per month unlimited use. Pac Bell will charge $45.00 per month and no per minute fee (see Table XVII). The total cost for the ISP and Pac Bell Charges is$244.95 per month(see Table XVII). The break even cost between the Best 1 ISDN Dial on Demand and the CIC ISDN Centrex plans is at 104 hours usage per month at the full 128Kpbs bandwidth level. The costs are shown as follows: Best 1 ISDN Dial on Demand costs [($187.50 for ISP and Pac Bell charges for 75 hours per month) + per hour for ISP and Pac Bell charges)X 29 hours)] =$245.66 per month for 104 hours CIC ISDN Centrex costs$244.95 for ISP and Pac Bell for unlimited usage. As all the City departments connect to the Internet,the Citywide Internet usage will probably be more than 104 hours per month. Therefore, it is better to use CIC ISDN Centrex SOHO plan. If only the Police Department is going to use the Internet, Best 1 Dial on Demand 75 hour per month plan is cheaper. The downside is that only _Microsoft Exchange 5.5 mail administration software works with Dial on Demand. Most companies that use the Dial on Demand approach eventually switch to a continuous ISDN Centrex or frame relay connection for performance reason Support from your ISP technical staff is also a big consideration. TSC has found that the engineering staff at Best 1 has strong technical solving skills. The staff at CIC may not have as much technical experience as the Best 1 staff. Considering all the issues, TSC recommends the City choices the CIC ISDN Centrex SOHO plan. This plan will supply 35 real IP addresses, but more IP addresses will be needed in the future. Because this plan only includes five email user accounts all having the same password in the$199.95 ISP cost, a mail administration program like Microsoft Exchange is high recommended. This would allow unlimited user email accounts for a one-time cost of the hardware and software to set it up. This plan also comes with a 15MB disk space for a web page. ITEM NUMBER: A-10 DATE: 01/27/98 City Manu er's Agenda Report Wade G. McKi ney Memorandum of Understanding for Atas adero Fire Fighters Bargaining Unit (AFFBU) Atascadero Police Officers Association (APOA) Atascadero Sergeants Service Organization (ASSO) Atascadel o Public Safety Technicians Organization (APSTO) for Fiscal Year 1997-98; and, Service Employees International Union (SEIU) Local 620, Atascadero Chapter Bargaining Unit- Fiscal Year 1996/97 and 1997/98; and a Resolution for Confidential Employees for Fiscal Year 1997/98 RECOMMENDA ION: Staff recommends City Council approve Memorandums of Understanding and Resolution No. 1998-001 authorizing aries and benefits for the above-named employee group through the end of this fiscal year. BACKGROUND: The Atascadero Fire F' tern Bargaining Unit represents the classifications of Fire Fighter and Fire Engineer. Currently there are two Fire Fighter positions funded and nine Fire Engineer positions funded. The Atascadero Police Officers Association represents the classification of Police Officers and currently covers twen -one members. The Atascadero Sergez nts Service Organization represents the classification of Police Sergeants and currently has five members. The Atascadero Public Safety Technicians Organization represents the classification of Support Services Lead Technician and Support Services Technician. Currently there are eight full-time members. The Service Employees International Union Local 620 represents the maintenance, technical and clerical staff in permanent positions. The classifications include Building Inspectors; ')00067 ITEM NUMBER: A - 10 DATE: 01/27/98 Maintenance-type Workers; Engineering, Planning, Building and Finance Technicians, Wastewater Treatment Plant Operators, Account Clerks, Secretaries and,Office Assistants. Not all positions in these classifications are funded. Employees classified as Confidential are non-represented. As a result of a-recent re-organization, this .resolution covers employees in the classifications of Administrative Assistant, Administrative Secretary and Personnel Analyst. These three positions are assigned to Administration under the direct supervision of the City Manager. Salary and benefits for the members of this group are reviewed at the same time as other units. DISCUSSION: The attached Memorandums of Understanding and resolution reflect changes for the AFFBU, APOA,ASSO, APSTO and SEN units. A separate Resolution governs Confidential employees. The Memorandums of Understanding include no cost of living adjustment and are generally unchanged from the prior years. Several administrative or housekeeping issues have been resolved that reflect small increases in the total cost of the agreements. The Associations have been supportive of the Council and understanding of the City's financial condition. Everyone is looking forward to beginning interest based bargaining. The medical insurance provider had initially proposed a 5% increase to the premium rates. The bargaining units voted to decrease their medical benefit to keep the monthly premium at a minimum. This resulted in a 1% overall .increase in the medical insurance premium effective November 1, 1997. FISCAL IMPACT: Total increased costs for all these units for the current fiscal year is approximately$2,100.00. RESPONSIBLE DEPARTMENT: Administration- City Manager Attachments: Memorandum of Understanding-AFFBU Memorandum of Understanding-APOA Memorandum of Understanding-ASSO Memorandum of Understanding APSTO Memorandum of Understanding- SEN LOCAL 620 Resolution 1998-001 ')000 ;8 ATASCADERO FIRE FIG7HTERS BARGAINING UNIT MO FY 1997/98 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASCADERO FIREFIGHTERS' BARGAINING UNIT This Memorandum of Understanding is entered into . between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City", and the Firefighter's Bargaini g Unit of the Fire Department Employees Association, hereinafter referred to as "Unit", and made pursuant to California Government Code Sections 3500 et seq., City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01 through Section 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 14, 1980 and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Unit as recognized by the City of Atascadero on April 13, 1981, and, having reached an agreement, as herein set forth, submit this memorandum to the City Council with a joint recommendation that the Council resolve to adopt the terms and conditions and te ke such other additional actions as may be necessary to implement its provisions. Section 1.0 Purpose. It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperatio i and understanding between Management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. Section 2.0 Full Unc erstanding, Modifications and Waiver. 2.1 This MOU se s forth the full and entire understanding of the parties regarding the matters set fbi th herein. Any other prior or existing understanding or agreement by the parties, ether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. 2.2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or rovisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council. 2.3 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 1 ')00069 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU FY 1997/98 Section 3.0 Sick Leave. 3.1 Unit members shall earn and use sick leave subject to the provisions of Section 9.5 of Resolution No. 12-80, dated July 14, 1980. Sick Leave credited from either District or City service may be used as available and needed subject to the City's Personnel Rules and Regulations, except that any sick leave used shall first be deducted from the credited amount carried over from District service until such credits are exhausted. It is agreed that nothing herein shall be construed as providing any vested right,monetary or otherwise, to any unused sick leave existing at time of discharge or voluntary separation from City service, or at time of retirement in accordance with the City's Public Employees Retirement System contract. 3.2 Sick Leave Incentive. To be eligible for this benefit an employee must: a. Have accumulated 24 shifts (576.16 hours) of sick leave. b. The sick leave pay-off will occur during the next 12-month period (December 1 to November 30) after an employee has accumulated and maintained 24 shifts on the books. C. In the event an employee covered by this agreement donates up to 6 shifts of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 24 shifts accumulation for eligibility to receive the incentive pay-off for that year. d. 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 144.04 hours.) e. The time period for determining annual usage will be December 1 to November 30, each year. Checks will be prepared by December 15 of each year. Section 4.0 Vacation. 4.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 4.2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City. Section 5.0 Salaries. 2 '?CCC`7C ATASCADERO FIRE FIGHTERS BARGAINING UNIT MO FY 1997/98 5.1 Movement between steps shall be at twelve month intervals and subject to satisfactory peiformance. 5.2 Total Compen ation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 5.3 The parties a ree that future Cost of Living Allowances and health benefits for bargaining units that negotiated for fiscal years 1995/97, 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 for fiscal years 1995/97. The cost of these additional; benefits shall be calculated in a manner to provide accurate comparison w th the other bargaining unit. Section 6.0 Health B nefits 6.1 The City agrees to pay for all medical and dental monthly premium benefits for each unit employee under the City sponsored medical and dental plans based upon the HMO plan preinium costs. 6.2 Effective July 1994, the City agrees to pay $305 per month, per employee, toward the monthly inedical and dental insurance premium for all eligible employee spouses, child en or dependents as defined by the insurance agreements. Effective November 1, 996, the City will contribute 50% of increased costs for dependent health insurance premiums based upon the HMO plan premium costs. 6.3 For those employees with only one dependent or without dependents or who do not choose toe roll their dependents in the City plan, the amount of the City contribution to rds dependent coverage not used, shall be paid to the employee as an addition to is/her regular pay. 6.4 The City shall provide employee only vision care insurance at no cost to the employee. pendent coverage may be added at a cost to the employee, if dependents are enrolled in medical/dental coverage. 6.5 Flexible Benefits Plan. The City shall develop and make available to employees covered by thi MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective, January, 1992. This plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. 3 �UUC�3 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU FY 1997/98 6.6 The Health Insurance Committee, as sanctioned by the City council, shall have representation from each recognized bargaining unit. For recommended changes each recognized bargaining unit shall have authority to vote on a pro-rated basis, provided all bargaining units agree with this methodology. Without unanimous approval by all bargaining units, the formula shall remain one vote per unit. Upon approval by all units, the ratio shall be based on the number of unit employees eligible for health benefits to the total number of City employees eligible for health benefits. The Insurance Committee may, by a majority vote recommend changes, for approval by the City Council in the level of service and service providers to the City during the term of this agreement. Section 7.0 Retirement 7.1 The City will continue to provide the 2% @ 50 formula (Section 21252.01 of the Government Code) and, effective with this agreement, the City will pay the employee contribution of nine (9%) percent towards PERS. 7.2 The City shall implement the Military Service Credit (Section 20930.3 of the Government Code) provided there is no direct cost to the City. 7.3 The City agrees to request a valuation by June 1996, for Level Four (4) of the 1959 Survivor's Benefit for Sworn Safety Members. If the increased benefit is agreed to by all sworn safety units, the employees shall pay the increased monthly cost of the benefit. Section 8.0 Paramedic Pay 8.1 The City shall pay three hundred fifty dollars $(350) per month to those employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties. Section 9.0 Overtime. 9.1 City agrees to pay all Unit members overtime, upon certification by the Fire Chief using authorized time card forms, for any overtime worked in excess of the established 56 hour work week. (This is equivalent to 121.33 shifts per year). Such overtime shall be computed using the rate of time and one-half applied to the 56 hour work week hourly wage scale for the individual concerned. 9.2 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. 9.3 Employees may be placed on standby status by the Fire Chief. Standby duty shall not be considered as hours worked for the purpose of computing overtime. 4 ,)U€ C"12 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MO FY 1997/98 Standby: Emr loyees assigned standby duty shall receive Twenty-five Dollars ($25.00) fore ach day of standby duty. Employees called back to work shall receive a min mum of two hours pay at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay r hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater. Section 10.0 Holiday 10.1 Unit employes shall receive five and 6/10 (5.6) shifts annually as Holiday time for the term of the Agreement. Holiday time will be credited in accordance with procedures established by the Personnel Officer. 10.2 Holiday time may be used as either paid time off or paid in cash at the option of the employee with the approval of the Fire Chief. Section 11.0 Term L fe Insurance. 11.1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand Dollars ($15,000) and shall pay all premiums for such policy during the term of this Agreement. 11.2 The City shall maintain a term life insurance policy for each dependent enrolled in health covera e, in a total amount of One Thousand Dollars ($1,000.00) per dependent and shall pay all premiums for such policy during the term of this Agreement. Section 12.0 General Benefits 12.1 It is agreed that compensatory time off(CTO), retirement and any other benefits and conditions of Employment shall be specified by City Resolutions No. 12-80 and 52- 82, and Atasaidero Municipal Code, Title 2, Chapter 2, inclusive. 12.2 Employees may accrue up to six (6) shifts (144 hours) of Compensatory Time Earned (CTE) 12.3 Unit employees under a common mess arrangement, agree to contribute to congregate meals at the station house in the amount required to cover the cost of those meals, irrespective of whether the employee chooses to eat the meal. Section 13.0 Probationary Period 5 ')0CC'73 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU FY 1997/98 The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 14.0 Physical Fitness The parties agree to establish a committee consisting of an equal number of representatives from the City and the Association for the purpose of developing a physical fitness program that will be implemented in the Fire Department for all employees in the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program will include the following elements: 1) Mandatory participation; 2) Established standards; 3) City provided physicals. Section 15.0 Promotional Opportunity Upon completion of the probationary period, qualified employees in the classification of firefighter will be provided an opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy. There shall be a maximum of eleven (11) Fire Engineer positions funded. Section 16.0 Implementation. 16.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon the parties either in whole or in part unless and until said City Council: (a) acts, by a majority vote, formally to approve and adopt said MOU, (b) and acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which requires funding. 16.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU either party may request the renewal of the meet and confer procedure. Section 17.0 Provisions of Law. 17.1 This MOU is subject to all current applicable federal, state, and local laws, regulations and resolutions. All ordinances, rules and regulations enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part shall be 6 ')UCC'74 ATASCADERO FIRE FIGHTERS BARGAINING UNIT M FY 1997/98 • suspended a id superseded by such applicable law or regulations, and the remainder of t1lis MOU shall not be affected. Section 18.0 Applicability of Other MOU's Rules and Regulations MOU's, understandin s or personnel policies, customs, practice and actions not specifically included in Atascad o Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations ado ed by the City Council of the City of Atascadero, shall be superseded by the provisions of tl iis MOU. Section 19.0 Manag ment Rights. The authority of the ity includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procec ures and standards of selection for employment and promotion; direct its employees; take disciplinary action for "just cause'; relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental opera ions; determine the methods, manning 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 discreti n 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 im act that decisions on these matters may have on wage, hours and other terms of employment. Section 20.0 Peaceful Performance Clause. 20.1 The parties tc this Memorandum of Understanding recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential tote public health, safety and general welfare of the residents of the City of Atascader . Association agrees that under no circumstances will the Association recommend, encourage, cause or permit 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 do 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 w th any operation of the City. In the event of any such work stoppage by any memb rs of the bargaining unit the City shall not be required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppag has ceased. 20.2 In the event of any work stoppage, during the term of this Memorandum of Understanding, whether by the Association or by a Member of the bargaining unit, the Association by its officers, shall immediate declare in writing and publicize that 7 "i�0.075 ATASCADERO FIRE FIGHTERS BARGAINING UNIT MOU FY 1997/98 • such work is illegal and unauthorized, and further direct its members in writing and publicize that such work is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the City. If in the event of any work stoppage the Association promptly and in good faith performs the obligations of this paragraph, and providing the Association has not otherwise authorized, permitted or encouraged such work stoppage, the Association, shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, to include 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, as against any such employee. Section 21.0 Term of Agreement. It is understood and agreed that the provisions of this MOU shall be active as 00:01 a.m., July 1, 1997, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1998. Date: Atascadero Fire Fighters City of Atascadero Bargaining Unit • 8 ')000'76 A.P.O.A. —M.O.U. FY 1997/98 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND TASCADERO POLICE OFFICERS ASSOCIATION (POLICE OFFICERS' BARGAINING UNIT) This Memorandum of Und rstanding is made and entered into between the Employee Relations Officer of the City of Atascader , hereinafter referred to as "City", and the Atascadero Police Officers Association, hereinafter re erred to as "Association", pursuant to California Government Code Sections 3500 et seq.; City of Ata cadero Municipal Code Title 2, Chapter 2, Section 2-2.01 through 2.2-13, inclusive and City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Police Of icers' Bargaining Unit as recognized by the City of Atascadero on July 11, 1981, and having reached agreement as hereinafter set forth, shall submit this Memorandum to the City Council with the joint recommendation that the Council resolve to adopt its terms and conditions and take such other or additional action as may be necessary to implement its provisions. Section 1.0 Purpose It is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relations, cooperation and understanding between Management and the employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith iegotiations on the matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. This MOU sets fo h the full and entire understanding of the parties regarding the matters set forth herein. Any Mher prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with the Memorandum. Section 3.0 Salaries 3.1 Total Compensatio 1. The parties agree and acknowledge that salary, employer paid retirement costs and employe contributions towards insurance(s) shall constitute "total compensation" and will be the basis of ompanson in future negotiations. 3.2 Newly hired empl yees shall normally be placed at Step A. Advanced step hiring may be approved by the City Manager. 3.3 Movement between steps shall be at twelve month intervals and subject to satisfactory performance. 3.4 The parties agree that future Cost of Living Allowances and health benefits for bargaining units that negotiate, 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 1 1)000 77 A.P.O.A.—M.O.U. FY 1997/98 these additional benefits shall be calculated in a manner to provide accurate comparison with the other bargaining unit. Section 4.0 Health Care Benefits. 4.1 Effective July 1, 1997 the City shall pay a total of $408.53 per month toward the cost of all medical dental, life insurance and vision benefit premiums for each unit member employee and dependents for the term of this agreement. For fiscal year 1997/98 the 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. 4.2 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, any remaining amount of the City contribution toward the premiums for coverage shall be paid to the employee as an addition to his/her regular pay. 4.3 The City shall continue to provide term life insurance coverage for each employee in a total amount of Twenty Thousand ($20,000.00) Dollars during the term of this agreement. 4.4 The City shall maintain a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of One thousand ($1,000) Dollars per dependent during the term of this agreement. 4.5 The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. For recommended changes, 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. 4.6 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective, January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. Section 5.0 Retirement 5.1 The City will continue to provide the 2% @ 50 formula (Section 21252.01 of the Government Code) and to pay the employee contribution of nine (9%) percent towards the PERS. 5.2 The City agrees to request a valuation by June 1996, for Level Four (4) of the 1959 Survivor's Benefit for Sworn Safety Employees. If the increased benefit is agreed to by all sworn safety units, the employees shall pay the increased monthly cost of the benefit. Section 6.0 Education Incentive 6.1 Employees in the classification of Police Officer who possess a P.O.S.T. Intermediate Certificate will receive two and one-half percent (2 %%) per month as additional pay to their base salary. 6.2 Employees in the classification of Police Officer who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent (2 '/%) per month as additional pay to their base salary, in addition to 6.1 above. 2 IM00,78 A.P.O.A. -M.O.U. FY 1997/98 . 6.3 Tuition Reimbursement: The City shall reimburse an employee up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. Section 7.0 Overtime. 7.1 Overtime, except training time, shall be compensated at the rate of time and one-half pay for hours worked in exc ss of 40 hours in each work week . Paid time off shall be considered time worked for overtime ompensation. Briefing time pursuant to Section 13 shall not be considered time worked for over ime calculation purposes. 7.2 Each unit employee shall work up to 4 hours training time in a four (4) work week period,at straight time pay forDepartment-wide training and meetings. 7.3 Overtime work which is less than a one (1) hour increment in a work shift shall be compensated for in the followingmanner: 1 to 15 minutes, overtime compensation - 0 16 to 30 mintites, overtime compensation - 1/2 hour 31 to 45 minutes, overtime compensation - 3/4 hour • 46 to 60 min tes, overtime compensation - 1 hour 7.4 Any overtime increments worked over one (1) hour shall be compensated as in the above referenced increments. Compensatory time in lieu of overtime shall be computed at a rate one- half rate of the base salary and shall be granted to employees at the mutual convenience of the Police Department and the employee. Employees may not accumulate and have current credit for more than sixty-four (64) hours of compensatory time earned and holiday hours as provided for in Section 9.0. 7.5 It is further agreed however, that overtime will not be paid for hours traveling, studying, or evening classes, ete., when an employees is attending an out-of-town school. Overtime as the result of Department-wide training and meets authorized by the Chief of Police will be compensated at straight time up to four(4) hours per month (see 7.2). Overtime beyond four (4) hours per month for this purpose will be compensated at time and one-half (1-1/2) of the hourly rate. 7.6 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a min mum of two hours of overtime for each call back period. Section 8.0 Sick Leave 8.1.1 Sick Leave Incentive, Eligibility -to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 - month period (December 1 - November 30) after 3 ")000'79 A.P.O.A.—M.O.U. FY 1997/98 an employee has accumulated and maintained 48 days on the books. c. In the event one employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 8.1.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days). 8.1.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. 8.2 An employee may use a maximum of forty (40) hours sick leave per fiscal year, for the care of dependents who are ill; injured or pregnant and who are living in the employee's household. Section 9.0 Holidays 9.1 City agrees that Association members shall continue to receive one (1) holiday as provided for by City Resolution No. 52-82 dated November 8, 1982, to be known as a "floating holiday". Said floating holiday shall be one (1) day per year credited on January 1st of each year and must be utilized within the calendar year . Employee may take such holiday at his/her choice of time consistent with the scheduling needs of the City and subject to approval of the Police Chief. There shall be no accumulation of floating holiday. 9.2 Martin Luther King Birthday shall be a recognized City Holiday for employees covered by this MOU. 9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and have current credit of more than sixty-four (64) hours of holiday hours and compensatory time off as provided for in Section 7.0. Section 10.0 Probationary Period. The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 11.0 Standby Compensation. 11.1 Employees may be placed on standby status by the Chief of Police. Standby duty shall not be considered as hours worked for the purpose of computing overtime. Three types of standby may be assigned: 1. Weekend standby shall require that an employee be on standby status from 5:00 p.m. Friday evening to 8:00 a.m. Monday morning. In the event of a holiday weekend, the extra pay(s) will be added to the standby duty time. Employees assigned weekend standby shall be paid a flat fee of$40.00 per weekend assigned. 4 'M0050 A.P.O.A. —M.O.U. FY 1997/98 2. Full week st ndby shall require that the employee be on standby status for the weekend as per No. 1 above and be on standby status during the week during all non-work hours. Employees assigned shall be paid a flat$50.00 per week assigned. 3. Court time Jor equivalent) standby shall be compensated at the rate of two (2) hours straight time compensation for every four (4) hours of actual time in standby assignment, prorated for more or less than four hours. Minimum compensation will be for one (1) hour of strai ght time. 4. Employees esponding to work from standby shall receive a minimum of two hours pay at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty Minutes, or two hours straight time, whichever is greater. 11.2 Employees on sta dby status must provide the Police Dispatcher with a telephone number where he/she can be reached directly; and be able to respond to the predetermined duty assignment within tiventy minutes from the time of notification. Section 12.0 Special Assignment Pay. 12.1 Employees in the c assification of Police Officer assigned to act in the capacity of Field Training Officer shall be compensated at the rate of $150.00 per month. Compensation shall be provided only for hours actually spent serving in the capacity of Field Training Officer. 12.2 Compensation shal be provided only when the assignment has been specifically authorized by the Chief of Police or designee. Section 13.0 Work SchedL le 13.1 In general, employees shall be scheduled to work consecutive days on and consecutive days off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30 day notice by the City or the Bargaining Unit Either party may request a change in work schedules by written notification at least thirty (30) cays in advance of proposed change. Once proposed schedules are agreed to, the Police Chief will make a recommendation to the City Manager for final approval. Exceptions shall be made for: 1) Employee volunteering for special assignments or other schedules. 2) Employees ieeding schedule adjustments for military leav D. 3) Employees ieeding schedule adjustments to accommodate schooling. 4) Emergencies. 5) Special events. 6) Training. 13.2 Shift employees (Occluding administrative and investigative personnel) shall work consecutive 5 A.P.O.A.—M.O.U. FY 1997/98 hours within a work shift. A one-half (1/2) hour lunch period may be taken during the shift if the work load permits and as authorized and scheduled by the shift supervisor. Employees shall be considered to be on-duty during the lunch period and shall answer calls as assigned. 13.3 In addition to the work schedules called for above, employees assigned as Acting Watch Commander will report to work at least fifteen minutes prior to the beginning of their shift to allow for a briefing period. Each employee so assigned will receive $1.00 per hour for the shift as compensation for time spent in shift change-over briefing. Section 14.0 Uniform Provisions. 14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform allowance of Six-hundred Dollars ($600) for all eligible employees. 14.2 The City will make a lump sum payment, subject to the appropriate payroll taxes annually, in July, of the uniform allowance provided for in section 14.1, above. Said payment shall be no later than the second pay day in July. 14.3 The City shall make available to all unit employees a bullet proof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. 14.4 Vests shall be replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary, as determined by the Chief of Police. 14.5 Rain boots - The City shall comply with the requirements of CAUOSHA as it relates to providing rain gear including rain boots. Section 15.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine the standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action for "just cause'; relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, staffing and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matter may have on wage, hours and other terms of employment. Section 16.0 Peaceful Performance. 16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing shall be caused or sanctioned by the Atascadero Police Officers Association, and no lockouts shall be made by the City of Atascadero. 16.2 In the event that any employees covered by this agreement, individually or collectively, violate the provisions of this article and the Atascadero Police Officers Association fails to exercise good faith in halting the work interruption, the Association and the employees involved shall be 6 1€ 0082 A.P.O.A. —M.O.U. FY 1997/98 deemed in violation of this article and the City shall be entitle to seek all remedies available to it under applicable law. Section 17.0 Provisions of Law. 17.1 This MOU is subje t to all current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions anacted by the City Council shall be subject to the appropriate revisions, amendments and di kletions necessary to conform with the purpose, intent and application of the provisions of this MOU. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or;ulations, mpetent jurisdiction, such part shall be suspended and superseded by such applicable law or and the remainder of this MOU shall not be affected. Section 18.0 Applicability of Personnel Rules and Regulations. It is agreed and un erstood that in all other respects except as specifically enumerated by the MOU, the rules, regulations and conditions of employment of the City of Atascadero as established by Atac cadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution No. 12-80, dated July 14, 198C, Resolution No. 31-81, Resolution No. 52-82 dated November 8, 1982, shall remain in full force nd effect. • Section 19.0 Renegotiatior s 19.1 If either party want to negotiate a successor Agreement, such party shall serve written notice upon the other party between March 15 and April 15 of the final year of this MOU. 19.2 If a party requests negotiations pursuant to the above section, such party shall also submit initial proposals in writing for a successor Agreement no later than April 15th of the final year of this MOU. 19.3 If either party fulfills the requirements of the above sections, then negotiations shall begin no later than 1 May of the final year of this MOU. Section 20.0 Term of Agre ment Unless specifically provided otherwise, the provisions of this MOU shall go into effect July 1, 1997, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1998. DATE: ATASCADERO POLICE OFFICERS CITY OF ATASCADERO • 7 100083 A.S.S.O. —MOU FY1997/98 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND AT SCADERO SERGEANTS SERVICE ORGANIZATION (POLICE SERGEANTS' BARGAINING UNIT) This Memorandum of Understanding is made and entered into between the Employee Relations Officer of th B City of Atascadero, hereinafter referred to as "City", and the Atascadero Sergeantc. Service Organization, hereinafter referred to as "Association", pursuant to California Govemm ant Code Sections 3500 et seq.; City of Atascadero Municipal Code Title 2, Chapter 2, Section -2.01 through 2.2-13, inclusive; and City of Atascadero Resolution No. 12-80, dated July 14, 1980, and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Police Sergeants' Bargaining Unit as recognized by the City of Atascadero on July 11, 1981, and having reached agreement as hereinafter set forth, shall submit this Memorandum to the C ity Council with the joint recommendation that the Council resolve to adopt its terms and cc nditions and take such other or additional action as may be necessary to • implement its provislolls. Section 1.0 Purpose. It is the purpo of this Memorandum of Understanding, hereinafter referred to as "MOU", to pror iote and provide for continuity of operation in employment through harmonious re ations, cooperation and understanding reached between the parties as a result of good aith negotiations on the matters set forth herein. Section 2.0 Full Understanding, Modifications and Waiver. This MOU sets forth the full and entire understanding of the parties regarding the matters set fo h herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. Section 3.0 Salaries. 3.1 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement cosis and employer contributions towards insurance(s) shall constitute "total compensation' and will be the basis for comparison in future negotiations. 3.2 Movement bet veen steps shall be at twelve month intervals and subject to satisfactory performance. 1 A.S.S.O. —MOU FY1997/98 3.3 The parties agree that future Cost of Living Allowances and health benefits for bargaining units that negotiate, 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 4.0 Health Care Benefits. 4.1 Effective July 1, 1997, the City shall pay a total of$408,53 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. For fiscal year 1997198 the 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. 4.2 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, any remaining amount of the City contribution toward the premiums for the premiums coverage shall be paid to the employee as an addition to his/her regular pay. 4.3 The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. For recommended changes, 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. 4.4 The City shall continue to provide a term life insurance coverage for each employee in a total amount of Twenty Thousand ($20,000) Dollars during the term of this agreement. 4.5 The City shall provide a term 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. 4.6 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurance and 2 1) 30085 A.S.S.O. —MOU FY1997/98 dependent care through pretax payroll dollars. Section 5.0 Retiremen 5.1 The City will co tinue to provide the 2% @ 50 formula (Section 21252.0 of the Government Code) and to pay the employee contribution of nine (9%) percent towards the PERS. 5.2 The City agrees to request a valuation by June 1996, for Level Four(4) of the 1959 Survivor's Benefit for Sworn Safety Employees. If the increased benefit is agreed to by all sworn safety units, the employees shall pay the increased monthly cost of the benefit. Section 6.0 Education Incentive 6.1 Employees int a classification of Sergeant who possess a P.O.S.T. Advanced Certificate will ieceive two and one-half percent (2 Y2%) per month as additional pay to their base salaiy. 6.2 Employees int a classification of Sergeant who possess a P.O.S.T. Supervisory Certificate will ieceive two and one-half percent (2 Y2%) per month as additional pay to their base salaiy, in addition to 6.1 above. 6.3 Tuition Reimb rsement: The City shall reimburse an employee up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. Section 7.0 Overtime. 7.1 Overtime shall be compensated at the rate of time and one-half pay for hours worked in excess of 40 hours in each workweek. Paid time off shall be considered time worked for overtime compensation. Briefing time pursuant to Section 13 shall not be considered time worked for overtime calculation purposes. 7.2 Overtime work which is less than one (1) hour increment in a work shift shall be compensation for in the following manner: 1 to 15 minute;, overtime compensation - 0 16 to 30 minutes, overtime compensation - 1/2 hour 31 to 45 minutes, overtime compensation - 3/4 hour 3 A.S.S.O. — MOU FY1997/98 46 to 60 minutes, overtime compensation - 1 hour 7.4 Any overtime increments worked over one (1) hour shall be compensated as in the above-referenced increments. Compensatory time in lieu of overtime shall be computed at a time and one-half rate of the base salary and shall be granted to employees at the mutual convenience of the Police Department and the employee and subject to the accumulation provisions as defined by City Resolution No. 12-80 dated July 14, 1980, Personnel Rules and Regulations. Employees may not accumulate and have current credit for more than sixty-four(64) hours of compensatory time off and holiday hours as provided for in Section 9.0. 7.5 It is further agreed, however, that overtime will not be paid for hours traveling, studying, or evening classes, etc., when an employee is attending an out-of-town school. 7.6 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. Section 8.0 Sick Leave 8.1.1 Sick Leave Incentive Eligibility-to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 - month period (December 1 - November 30) after an employee has accumulated and maintained 48 days on the books. C. In the event one employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, is shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 8.1.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12)days). 8.1.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. 8.2 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. 4 . A.S.S.O. — MOU FY1997/98 Section 9.0 Holidays. 9.1 City agrees that Association members shall continue to receive one (1) holiday as provided for by City Resolution No. 52-82 dated November 8, 1982, to be known as a "floating holiday". Said floating holiday shall be eight (8) hours per year credited on January 1st of each year and must be utilized within the calendar year. Employee may take such holiday at his/her choice of time consistent with the scheduling needs of the City and subject to approval of the Chief of Police. There shall be no accumulation of floating holiday. 9.2 Martin Luther King Birthday shall be recognized City Holiday for employees covered by this MOU. 9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to required payof . Employees may not accumulate and have a current credit of more than sixty-four(64) hours of holiday hours and compensatory time off as provided for in Section 7.0. Section 10.0 Probationary Period The probationary period for newly hired employees shall be eighteen months. The probationary period for employees promoted to a higher classification shall be twelve months in the new classification. Section 11.0 Standby Compensation. 11.1 Employees may be placed on standby status by the Chief of Police. Standby duty shall not be considered as hours worked for the purpose of computing overtime. 11.2 Compensation for police sergeants on standby assignments shall be at the rate of two (2) hours straight time compensation for every four(4) hours of actual time in standby assignment, prorates for more or less than four hours. Minimum compensation will be for one (1) hour of straight time Employees responding to work from standby shall receive a minimum of two hour pay at straight time. Employees working in excess of one hour and toventy minutes once called back, shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater. 11.3 Employees on standby status provide the Police Dispatcher with a telephone number where he/she can be reached directly; and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification. Section 12.0 Acting D ty Pay 5 `)00088 A.S.S.O. —MOU FY1997/98 Employees in the classification of Police Sergeant who are assigned to work as Acting Lieutenant shall receive out of classification pay after working ten (10) cumulative shifts as Acting Lieutenant in any fiscal year. All other provisions of the Personnel Rules and Regulations regarding payment of out of classification pay remain unchanged. Section 13.0 Work Schedule 13.1 Shift employees (excluding administrative and investigative personnel) shall work consecutive hours within a work shift. A one-half (1/2) hour lunch period may be taken during the shift if the work load permits and as authorized and scheduled by the shift supervisor. Employees shall be considered to be on-duty during the lunch period and shall answer calls as assigned. 13.2 In addition to the work schedules called for above, shift sergeants will report to work at least fifteen minutes prior to the beginning of their shift to allow for a briefing period. Each member of the bargaining unit will receive $25.00 per pay period as compensation for time spent in shift change-over briefing. 13.3 In general, employees shall be scheduled to work consecutive days on and consecutive days off. Work schedules changes (e.g. 5/8; 4/10; 3/12; 9/80) require a 30 day notice by the City or the Association. Either party may request a change in work schedules by written notification at least thirty (30) days in advance of proposed change. Once proposed schedules are agreed to, the Police Chief will make a recommendation to the City Manager for final approval. Exceptions shall be made for: 1) Employee volunteering for special assignments or other schedules. 2) Employees needing schedule adjustments to allow for military leave. 3) Employees needing schedule adjustments to accommodate schooling. 4) Emergencies. 5) Special events. 6) Training. 6 ')00089 . A.S.S.O. —MOU FY1997/98 Section 14.0 Uniforni Provisions. 14.1 The City shall provide an initial uniform issue for new hires and, an annual uniform allowance of ix-hundred Dollars ($600) for all eligible employees. 14.2 The City will make a lump sum payment, subject to the appropriate payroll taxes annually, in July, of the uniform allowance provided for a section 14.1 above. Said payment shall be made no later than the second pay day in July. 14.3 The City shall nake available to all unit employees a bullet proof vest. Vests shall be replaced or re urbished on an as needed basis as determined by the Chief of Police. Employees al r ady owning vest shall continue to use them until repair or refurbishment becomes neCE ssary, as determined by the Chief of Police. 14.4 Rain boots-Tie City shall comply with the requirements of CAUOSHA as it relates to providing rain ear including rain boots. Section 15.0 Management Rights. The authority f 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 aid promotion; direct its employees; take disciplinary action for"just cause", relieve its employees from duty because of lack of work or for other legitimate reason; maintain the efficiency of governmental operations; determine the methods, staffing and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the techn logy of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment. Section 16.0 Peacef I Performance. 16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing shall be caused or sanctioned by the Atascadero Sergeants Service Organization, and no lockouts stall be made by the City of Atascadero. 16.2 In the event tt,at any employees covered by this agreement, individually or collectively, violate the prcvisions of this article and the Atascadero Sergeants Service Organization i 00090 A.S.S.O. —MOU FY1997/98 fails to exercise good faith in halting the work interruption, the Association and the employees involved shall be deemed in violation of this article and the City shall be entitled to seek all remedies available to it under applicable law. Section 17.0 Provisions of Law. 17.1 This MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this MOU. 17.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. Section 18.0 Applicability of Personnel Rules and Regulations. • It is agreed and understood that in all other respects as specifically enumerated by the MOU, the rules, regulations and conditions of employment of the City of Atascadero as established by Atascadero Municipal Code, Title 2, Chapter 2, inclusive, Resolution 12- 80, dated July 14, 1980, Resolution No. 31-81 dated October 12, 1981, Resolution No. 52-82 dated November 8, 1982, shall remain in full force and effect. Section 19.0 Renegotiations 19.1 If either party wants to negotiate a successor Agreement, such party shall serve written notice upon the other party between March 15th and April 15th of the final year of this MOU. 19.2 If a party request negotiations pursuant to the above section, such party shall also submit initial proposals in writing for a successor Agreement no later than April 15th of the final year of this MOU. 19.3 If either party fulfills the requirements of the above sections, then negotiations shall begin no later than May 1 st of the final year of this MOU. Section 20.0 Term of Agreement 8 ')00091 A.S.S.O. —MOU FY1997/98 Unless specif cally provided otherwise, the provisions of this MOU shall go into effect July 1, 1997, 3nd shall remain in effect, unless modified by mutual agreement, until midnight JunE 30, 1998. DATE: ATASCADERO SERGEANTS SERVICE CITY OF ATASCADERO ORGANIZATION 9 -)00392 APSTO — MOU FY 1997/98 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASC DERO PUBLIC SAFETY TECHNICIANS ORGANIZATION PUBLIC SAFETY TECHNICIANS UNIT SECTION 1 PREAMB E This Memorandum of Understanding is entered into between the authorized representatives of City of Atascadero, hereinafter referred to as "City", and of Atascadero Pu lic Safety Technicians Organization, hereinafter referred to as "Association". Such Memorandum of Understanding was developed pursuant to California GovE rnment Code 3500, et sec., City of Atascadero Municipal Code Title 2, Chapter 2, Sec ion 2.2.01 through 2-2.13, inclusive, and the City of Atascadero Resolution No. 2-80, dated July 1980, and subsequent amendments thereto. SECTION 2 PURPOSE . It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious rel tions, cooperation and understanding between management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. SECTION 3 RECOGNITION Pursuant to Ca ifornia Government Code 3500, et seq., City of Atascadero Municipal Code, Title 2, C hapter 2, Section 2-2.01 through 2-2.13, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 1980, and subsequent amendments thereto,the Cit hereby recognizes Association as the bargaining representative for purpose of representing regular and probationary employees, occupying the classifications of Support Services Technician and Support Services Lead Technician in the Public Safety Technician Unit with respect to their wages, hours and other terms and conditions f employment. SECTION 4 FULL UNDERSTANDING, MODIFICATIONS, WAIVER. 4.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set fort i herein. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety. If any provisions of any other City resolutions are in 1 ')UOU93 APSTO - MOU FY 1997/98 conflict with this Memorandum, the terms and conditions of this MOU shall prevail. 4.2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council. 4.3 The waiver of any breach, term or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. SECTION 5 SALARY AND RETIREMENT 5.1 Salaries in effect on June 30, 1994, shall be increased of 0.9% (nine tenths of a percent) in the form of nineteen (19) hours furlough for the fiscal year. Nineteen (19) hours furlough will be added each fiscal year to be used within the fiscal year, until the City's financial situation is such that the 0.9% can be added to base salary. 5.2 Overtime: Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period. 5.3 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 5.4 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the City Manager upon request by the Department Head. 5.5 Movement between steps will be at twelve month intervals and subject to satisfactory performance. 5.6 Pay on Promotion. An employee who is promoted shall receive a salary increase of at least one Step (5%). Therefore, the employee shall be placed on Step A, or that a step which produces at least one step salary (5%) increase. 5.7 Standby Compensation: Court time (or equivalent) standby shall be compensated at the rate of two (2) hours straight time compensation for every four(4) hours of actual time in standby assignment, prorated for more or less than four hours. Minimum compensation will be for one (1) hour of straight time. Employees responding to work from standby shall receive a minimum of two hours pay at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater. 5.9 The City shall contact P.E.R.S. for the purpose of requesting a valuation of the 2% @55 retirement benefit,for miscellaneous members. The increased cost for the 2 -)00094 APSTO — MOU FY 1997/98 benefit shall be paid by the employee. The valuation shall be done prior to April 1, 1998 for consideration during the next contract negotiation process. It is recognized that the request is dependent upon P.E.R.S. ability to provide the valuation, due to the conversion in their computer system. 5.10 The parties al lree that future Cost of Living Allowances and health benefits for bargaining un is that negotiate, shall be equal to all other City employees. Unit employees sh ill 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 INSURANCE PROGRAMS 6.1 Health Insurance 6.1.1 Effectiv a July 1, 1997, the City shall pay a total of$408.53 per month toward the cos of all medical, dental, life insurance and vision benefit premiums for the employee and dependents for the term of this agreement. For fiscal year 1996197 the City shall pay for increased costs to medical, dental, vision and life insuran a premiums for employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs. 6.1.2 The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term of the agreement. For recomrr ended changes, each recognized bargaining unit shall have authority to vote or a pro-rated basis. The ratio shall be based on the number of unit employees to the number of employees eligible for health benefits. 6.1.3 For those employees with only one dependent or without dependents or who do not cho se to enroll their dependents in the City plan, the remaining amount of the City contribution toward premiums for coverage shall be paid to the employee as an addition to his/her regular pay. 6.2 Flexible Benefits Plan The City shall evelop and make available to employees covered by this MOU a Flexible Benefi Plan, in compliance with applicable Internal Revenue Code provisions, effective JanuE ry, 1992. The plan will enable an employee to, on a voluntary basis, cover addition I out of pocket expenses for insurances and dependent care through pretax payroll ollars. 6.3 Term Life Insu ance 3 `100695 APSTO — MOU FY 1997/98 6.3.1 City shall maintain a term life insurance policy for each unit employee, in the amount of Twenty Thousand dollars ($20,000.). 6.3.2 City shall maintain a term life insurance policy for each eligible dependent enrolled in the health coverage unit employee , in an amount of One Thousand dollars ($1,000.00) per dependent. 6.4 State Disability Insurance 6.4.1 City shall continue to provide State Disability Insurance as a payroll deduction of each employee. 6.4.2 State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 7 SICK LEAVE INCENTIVE 7.1 Eligibility- to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12 month period (December 1 - pY 9 p ( r November 30) after an employee has accumulated and maintained 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 says accumulation for eligibility to receive the incentive pay-off. 7.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days). 7.3 The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. SECTION 8 VACATIONS, HOLIDAYS AND COMPENSATION TIME 8.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, dated July 14, 1980. 8.2 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. 4 10©096 APSTO - MOU FY 1997/98 8.3 Holidays shall tie observed in accordance with Section 9.4, Employees Benefits, of Resolution No. 2-80 dated July 14, 1980. 8.3.1 The Birthday (F oating) as noted in Resolution No. 52-82, Section 5, Subparagraph K, dated NovembE r 8, 1982 shall be credited to the employee on January 1 of each year and must be uti ized within the calendar year, to be scheduled as any normal leave with pay procedure. There shall be no accumulation of floating holidays. 8.4 Martin Luther K ng Birthday shall be recognized City holiday for employees covered by this MOU. 8.5 Employees sha I be allowed to accrue sixty-four(64) hours of holiday hours and/or "compensatorytime" hours prior to required payoff. All hours in excess of the six-four (64) hours will tie compensated as part of the paycheck in which the time is earned. 8.6 Employees in a permanent part-time position who are scheduled to work on a City recognized holi Jay shall be allowed to accrue worked hours of holiday time up to eight (8) hours. SECTION 9 GENERA BENEFITS 9.1 It is agreed that overtime, compensatory time off(CTO), retirement, leaves and other benefits and conditions of employment shall be as specified by City Resolutions No. 12-80, 31-81 a d 52-82 and the Atascadero Municipal Code Title 2, Chapter 2, inclusive. Pregnancy leave shall be provided in accordance with State Law. 9.2 The City shall amend the Public Employee Retirement System (PERS) to provide for the Post Retirement Survivor Allowance for employees covered by this MOU. 9.3 The City shall continue to pay the employees contribution of seven percent (7%) towards the Pu lic Employees Retirement System (PERS). 9.4 The City agrees to add grandparents to the list of family members for whom the employee is allowed to take bereavement leave. 9.5 An employee atay 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. 9.6 Tuition Reimb rsement: The City shall reimburse an employee up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. 5 `)00097 E APSTO - MOU FY 1997/98 SECTION 10 TRAINING ASSIGNMENT PAY Employees in the classification of Support Services Technician assigned to act as a trainer of a newly hired employee shall be compensated at the rate of$50.00 per month. Compensation shall be provided only when the assignment has been specifically authorized by the Chief of Police or his designee and shall be paid only for hours actually spent service in the capacity of a trainer. SECTION 11 PROBATIONARY PERIOD The probationary period for newly hired employees shall be twelve months. The probationary period for employees promoted to a higher classification shall be six months in the new classification. The City shall have the option of granting a newly hired employee regular status at any time after nine (9) months of service. SECTION 12 SHIFT CHANGES The City shall give employees reasonable notice of routine shift changes. Emergency shift changes shall be made on an as needed basis. SECTION 13 GRIEVANCE PROCEDURE Employees shall be entitled to utilize the grievance procedure as outline in Section 6.0 of Resolution No. 12-80. SECTION 14 CONTRACTING OUT The City will give reasonable notice to the Association if it intends to contract out the functions currently performed by employees within the Unit. Upon request, the City will meet with the Association to explain the reason for the decision to contract out and to solicit Association views on the proposal. Nothing in this section shall be construed to limit the rights of the City Council to contract out work at its sole discretion. SECTION 15 MANAGEMENT RIGHTS The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; and promotion; direct it employees; take disciplinary action for"just cause"; relieve employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, staffing and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out is mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or 6 ')00098 APSTO — MOU FY 1997/98 raising gdevan es over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment. SECTION 16 PROVI IONS OF LAW 16.1 This MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and wo ing conditions enacted by the City Council shall be subject to the appropriate re 'sions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. 16.2 If any part of p-ovision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws, or regulations, or is otherwise held to be invalid or unen orceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations and the remainder of this MOU shall not be effected. SECTION 17 APPLICABILITY OF OTHER RULES AND REGULATIONS It is agreed that all provisions of any existing or prior, understandings or personnel policies, custorns, practices and actions not specially included in Atascadero Municipal Code, Title 2, hapter 2, inclusive, and associated rules and regulations adopted by the City Counci of the City of the City of Atascadero, shall be superseded by the provisions of ft is MOU. SECTION 18 PEACE FUL PERFORMANCE CLAUSE 18.1 The parties to I his MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Association agrees that under no circui nstances will the Association recommend, encourage, cause or promote its members to initiate, participate in, nor will any member of the bargaining unit take part in, any stri e, sitdown, stay-in, sickout, slow-down,of picketing (hereinafter collectively ref rred to as "work-stoppage) in any office or department of the City, nor to curtail any wor or restrict any production, or interfere with any operation of the City. In the event of ar y 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. 18.2 In the event of any work stoppage, during the term of this MOU, whether by the Association or by any member of the bargaining unit, the Association by its officers, shall immediat ly declare in writing and publicize that such work stoppage is illegal and unauthorized, nd further direct its members in writing to cease the said conduct and resume work. opies of such written notices shall be served upon the City. If in the event of any w rk stoppage the Association promptly and in good faith performs the 7 ')00099 APSTO — MOU FY 1997/98 obligations of this paragraph, and providing the Association has not otherwise authorized, permitted or encouraged such work stoppage, the Association shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, up to and including discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress, including damages, against any such employees. SECTION 19 IMPLEMENTATION 19.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon parties either in whole or in part unless and until said City Council: a) acts, by a majority vote, formally to approve and adopt said MOU, b) and acts in a timely manner to appropriate funds necessary to implement the provisions of this MOU which require funding. 19.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU, either party may request the renewal of the meet and confer process. SECTION 20 TERM OF AGREEMENT 20.1 This MOU shall be effective as of 0001 a.m., July 1, 1997, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1998. 20.2 If either party wants to renegotiate a successor agreement, such party shall service upon the other during the period March 1st to April 1st of the last year of this Agreement, its written request to reopen the Agreement as well as its written proposals to amend this Agreement. Upon receipt of such written notice and receipt of the proposals, negotiations shall begin no later than thirty (30) days after such receipt or May 1 st, whichever is later. Date: ATASCADERO PUBLIC SAFETY CITY OF ATASCADERO TECHNICIANS ORGANIZATION 8 ')()010a SEIU - MOU FY 1996-98 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND LOCAL E20 SERVICE EMPLOYEES INTERNATIONAL UNION ATASCADERO CHAPTER This Memorandum o Understanding is entered into between the Personnel Officer of the City of AtascadE ro, hereinafter referred to as "City", and the Local 620 Service Employees International Union, Atascadero Chapter Bargaining Unit, hereinafter referred to as "Unio V, and made pursuant to California Government Code Section 3500 et seq., City o Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2.01 through Section 2-2.12, inclusive, and the City of Atascadero Resolution No. 12-80, dated July 14, 1980 and subsequent amendments thereto. The parties have met and conferred in good faith regarding employment terms and conditions for members of the Unit as recognized by the City of Atascadero on April 12, 1982, and, having re ached an agreement, as herein set forth, submit this memorandum to the City Council with a joint recommendation that the Council resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions. SECTION 1.0 PURPOSE. It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU", to promote and provide for continuity of operation in employment through harmonious relation3, cooperation and understanding between Management and employees covered by the provisions of the MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. SECTION 2.0 FULL NDERSTANDING, MODIFICATIONS AND WAIVER. 2.1 This MOU sels forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreement by he parties, whether formal or informal, regarding any such matter, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum. 2.2 No agreemen , alteration, understanding, variation, waiver or modification of any 1 ')UO1J1 SEIU - MOU FY 1996-98 of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council. 2.3 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and conditions. SECTION 3.0 VACATION AND HOLIDAYS. 3.1 Vacation leave shall be credited, computed and used as specified by Section 9.0, Employee Benefits, of Resolution No. 12-80, Dated July 14, 1980. 3.2 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. 3.3 Employees transferring from the County shall use their County hire date to determine their vacation accrual entitlement. • 3.4 Holidays shall be observed in accordance with Section 9.4, Employee Benefits, of Resolution No. 12-80 dated July 14, 1980, and Resolution No. 52-82, Section 5, Subparagraph K dated November 8, 1982. 3.5 Floating holidays, as provided for in subsection 3.4, above, may be used between January 1 st and December 31 st of each year. 3.6 Martin Luther King's Birthday shall be observed as a holiday for employees. 3.7 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 as provided in sub-section 3.4 above. SECTION 4.0 SALARIES HEALTH INSURANCE, AND RETIREMENT. 4.1 Salaries 4.1.1 Salaries in effect on June 30, 1994, shall be increased by 0.9% (nine tenths of a percent) in the form of nineteen (19) hours furlough for the fiscal year. Furlough time must be scheduled to meet departmental needs. Nineteen (19) hours furlough will be added each fiscal year to be used within that fiscal year, until 2 ')00102 SEIU - MOU FY 1996-98 the City's financial situation is such that the 0.9% can be added to base salary. Upon separation of employment, all unused furlough time for the current fiscal year, shall be paid. 4.1.2 The parties agree that future Cost of Living Allowances and health benefits for bargaining units that negotiated for fiscal year 1996/97 and 1997/98, 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 s received by other bargaining units for Fiscal Year 1996/97 and 1997/98. The cost of these additional benefits shall be calculated in a manner to provide accurate comparison with the other bargaining unit. 4.1.3 Total Compe sation. The parties agree and acknowledge that salary, employer paid retireme t costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 4.2 Salary Adminis ration. 4.2.1 Newly hired a ployees shall normally be placed at Step A. Advance step hiring may be approved by the City Manager. 4.2.2 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. 4.3 Health Insuran e. 4.3.1 For fiscal ye r 1996/97, the City shall pay a total of$408.53 per month toward the cost of all medical, dental and vision and life insurance benefit premiums for each unit employee and dependents under City sponsored plan for the term of this agreement. For fiscal year 1997/98 the City shall pay for increased costs to medical, d ntal, vision and life insurance premiums for employee and fifty percent (50%1 of increased costs for dependents based upon HMO plan costs. 4.3.2 The Health Ir surance Committee, as sanctioned by the City Council, shall have representatio from each recognized bargaining unit. For recommended changes each recognized bargaining unit shall have authority to vote on a pro- rated basis, provided all bargaining units agree with this methodology. Without unanimous approval by all bargaining units, the formula shall remain one vote per unit. Upon approval by all units, the ratio shall be based on the number of unit employes to the number of employees eligible for health benefits. The 3 700103 SEW - MOU FY 1996-98 Health Insurance Committee may, by a majority vote recommend changes, for approval by the City Council in the level of service and service providers to the City during the term of this agreement. 4.3.3 Employees without dependents or who do not choose to enroll their dependents in the City sponsored health plan, will receive the amount of remaining premium as an addition to their regular pay. 4.4 Retirement. 4.4.1 The City shall contact the Public Employees Retirement System for the purpose of requesting an,actuarial valuation for the 2% @ 55 benefit for miscellaneous members. The valuation shall be requested as soon as P.E.R.S. completes the update of their compute system and reinstates the City's ability to request actuarial valuations. 4.5 Life Insurance. 4.5.1 The City shall maintain a term life insurance policy for each unit member in a total amount of Twenty Thousand dollars ($20,000.00). 4.5.2 The City shall maintain a term life insurance policy for each dependent of each unit member if dependents are enrolled in medical/dental coverage, in a total amount of One Thousand dollars ($1,000.00) per dependent. SECTION 5.0 GENERAL BENEFITS 5.1 It is agreed that compensatory time off (CTO), retirement, leaves and other benefits and conditions of employment shall be specified by City Resolution No. 12-80, 31-81, and 52-82 and Atascadero Municipal Codes, Title 2, Chapter 2, inclusive. Pregnancy leave shall be provided in accordance with State and Federal Law. 5.1.1 Overtime, except training time, shall be compensated at the rate of time and one-half pay for hours worked in excess of 40 hours in each work week. Paid time off shall be considered time worked for overtime compensation. Overtime hours shall be calculated per Resolution 52-82, Section 9, amending City of Atascadero Rules and Regulations Section 10.18.3. 5.2 ' Standby: Employees assigned standby duty shall receive Twenty-five Dollars ($25.00) for each day of standby duty. Employees called back to work shall 4 100104 SEIU - MOU FY 1996-98 receive a minimum of two hours pay at straight time. Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater. 5.3 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. 5.3.1 Work Gloves: The City shall continue to provide employees with leather palmed work gloves. 5.3.2 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. 5.4 Bereavement: The City agrees to add grandparents to the list of family members for whom the employee is allowed to take bereavement leave. 5.5 Work Shoes: During the term of this MOU, 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. 5.6 Pay on Pro otion: 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. 5.7 Tuition Reimbursement: The City shall reimburse an employee up to $400.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, providing the coursework is job-related, and the employee received a passing grade. 5.8 Sick Leave 5.8.1 An employee nay use a maximum of forty (40) hours sick leave per fiscal year, for the care ol dependents who are ill, injured or pregnant and who are living in the employees household. In extenuating circumstances, the employee may make a reque t for additional sick leave to be used for dependent care, to their Department Head who shall make a recommendation to the City Manager for 5 ')UOgU5 SEIU - MOU FY 1996-98 final approval. 5.8.2 Sick Leave Incentive. To be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur during the next 12-month period (November 1 to October 31) after an employee has accumulated and maintained 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Leave Bank, it shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off for that year. d. Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days. e. The time period for determining annual usage will be November 1 to October 31, each year. Checks will be prepared by December 15 of each year. 5.9 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. 5.10 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. SECTION 6.0 PROBATIONARY PERIOD. 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 6 100106 SEW - MOU FY 1996-98 hired employee regu ar status at any time after nine (9) months of service. SECTION 7.0 REST PERIODS WITHIN A 24 HOUR PERIOD. 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 app y in the case of emergencies. SECTION 8.0 SHIFT CHANGES. The City shall give mployees reasonable, but at a minimum, a 72 hour notice of routine shift change . Emergency shift changes shall be made on an as needed basis. SECTION 9.0 PATCHING/PAVING WORK. The City shall make reasonable attempt to schedule patching work during days/times when temperatures Eire not expected to exceed 100 degrees. It is mutually understood that employees working with paving contractors must adhere to the contractors work schedules. SECTION 10.0 STATE DISABILITY INSURANCE. 10.1 The City shall continue to provide State Disability Insurance as an employee cost through payroll deduction. 10.2 State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation. SECTION 11.0 PERSONNEL RULES AND REGULATIONS. The parties agree to meet on the implementation of new Personnel Rules and Regulations. The meetings will include all interested Employee Organizations in the City, however, the L nion reserves its right to maintain an independent position(s) on the proposed changes. SECTION 12.0 GRIEVANCE PROCEDURE. • 7 `)U®1C'7 SEIU - MOU • FY 1996-98 12.1 Employees shall be entitled to utilize the grievance procedure as outlined-in Section 6.0 of Resolution No. 12-80. SECTION 13.0 UNION 13.1 Union Security 13.1.1 Dues Deductions The City and Union agree that requests for, changes in, and cancellations of union dues and other deductions shall be promptly processed through the Finance Department and put into effect at the employee's request. Deductions shall be made from each paycheck and remitted to the Union at the end of each payperiod. 13.1.2 Maintenance of Membership Any employee in a position covered by this MOU, on dues deductions as provided in 13.1.1 above, on the effective date of this MOU and any employee who commences such dues deductions during the term of this MOU, shall continue such dues deduction for the balance of the term of the MOU, unless such employee gives the proper notification to the Union to withdraw from dues deduction during the month of March of any year during this MOU. 13.1.3 Union shall indemnify and save harmless the City of Atascadero, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability arising out of Section 13. 13.2 Union Access A) The City agrees that an authorized union staff member may be granted access to a work location to participate in investigation and processing of grievances per the grievance procedure or to observe working conditions, when and to the extent necessary, and only if it will in no event adversely affect the operational, security or safety requirements of the City, upon the approval of the Personnel Officer or his/her designee. B) The Union shall provide the Personnel Officer with a list of all authorized staff representatives, and the list shall be kept current by the Union. C) When and to the extend necessary and only if it will in no event adversely affect the operational, security or safety requirements of the City and upon notification and approval of the Personnel Officer or his/her designee, an authorized union staff member is permitted to communicate with employee(s) s 100108 SEIU - MOU FY 1996-98 and/or union steward(s) on official City time without said employee(s) and/or union steward(s) loss of compensation. It is not the intent of this section to allow general union meetings on City time; but rather to allow investigation and discussion of working conditions, grievances and safety issues. D) It is unde stood that every reasonable effort shall be made to perform the above activiti s on off-duty time. E) The City will allow the use of existing bulletin board space. Bulletin board space shall te used only for the following subjects: 1) Local 620 recreational information, social and related news bulletins; 2) scheduled meetings; 3) information c ncerning elections or results thereof; and 4) reports of official business of Local 620. Prior to posti g, items shall be initialed by an authorized representative of the Union and City. All outdated materials must be removed by the Union. 13.3 Union Stewards A) The City authorized the unit to appoint five (5) "union stewards". Any one steward may represent an employee subject to the City's grievance procedure. B) The Union shall provide the Personnel Officer with a list of all authorized union stewar s, and the list shall be kept current. C) An employ ae and/or his/her "union steward" representative may, when and to the extend necessary, take official City time without loss of compensation in order to parti ipate in the investigation and processing of a grievance, upon notification and approval of the Personnel Officer or his/her designee. D) The Personnel Officer will approve employee and/or union steward taking official time t investigate and process a grievance when and to the extent necessary and only if it will in no event adversely affect the operational, security or safety requirements of the City. E) It is under tood that the employee and or union steward shall make every reasonable effort to perform the above activities on off duty time. SECTION 14.0 CONTRACTING OUT. The City will give reasonable notice to the Union if it intends to contract out the 9 )00109 SEIU - MOU FY 1996-98 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. SECTION 15.0 MANAGEMENT RIGHTS. The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent department, commissions and boards; set standards of service; and promotion; direct its employees; take disciplinary action for "just cause'; relieve employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency,of governmental operations; determine the methods, staffing, and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences of impact that decisions on these matters may have on wages, hours and other terms of employment. SECTION 16.0 PROVISIONS OF LAW. 16.1 The MOU is subject to all current applicable federal, state and local laws, regulations and resolutions. Ordinances, rules and regulations dealing with employee wages, hours and working conditions enacted by the City Council shall be subject to the appropriate revisions, amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement. 16.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected. SECTION 17.0 APPLICABILITY OF OTHER MOU'S RULES AND REGULATIONS. It is agreed that all provisions of any existing or prior understandings or personnel policies, customs, practices and actions not specifically included in Atascadero Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations . 10 ')001.10 SEW - MOU FY 1996-98 adopted by the City Council of the City of Atascadero, shall be superseded by the provisions of this IVIOU. SECTION 18.0 PEACEFUL PERFORMANCE CLAUSE. 18.1 The parties to the MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the residents of the City of Atascadero. Association agrees that under no circumstances will the Association recommend, a courage, cause or promote its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sitdown, stay- in, slow-dowr, of picketing (hereinafter collectively referred to as "work- stoppage"), in any office or department of the City, nor to curtail may work or restrict any pr duction, 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. 18.2 In the event ol any work stoppage, during the term of this MOU, whether by the Association ot by any member of the bargaining unit, the Association by its officers, shall immediately declare in writing and publicize that such work stoppage is ill gal 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 obligations of this paragraph, and providing the Associatioi 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 dis arge, 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 19.0 IMPLEMENTATION. 19.1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero C ty Council. It is understood that this MOU shall not be binding upon parties either in whole or in part unless and until said City Council: a) acts, by a majority ote, formally to approve and adopt said MOU, b) and acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which require funding. 19.2 Notwithstanding the foregoing, in the event the City Council fails to take all of the 11 `)00111 SEW - MOU FY 1996-98 actions necessary for timely implementation of this MOU, either party may request the renewal of the meet and confer process. SECTION 20.0 TERM OF AGREEMENT 20.1 This MOU shall be effective as of 0001 a.m., July 1, 1996 and shall remain in effect until midnight June 30, 1998. Date: Service Employees International Union City of Atascadero Atascadero Chapter 12 100112 RESOLUTION NO. 1998-001 SOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADOPTING A SALARY/CLASSIFICATION SCHEDULE AND BENEFITS FOR CONFIDENTIAL EMPLOYEES BE IT RESOLVED by th City Council of the City of Atascadero as follows: SECTION 1. SALARIESO 1.1 Salaries in effect o 1 June 30, 1994, shall be increased by 0.9% (nine tenths of a percent) in the form of nineteen(19) hours furlough for the fiscal year. Furlough time must be scheduled to meet departmental needs Nineteen (19) hours furlough will be added each fiscal year to be used within the fiscal year, until the City's financial situation is such that the 0.9% can be added to base salary. 1.2 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation" and will be the basis of comparison in future negotiations. 1.3 The parties agree t iat future Cost of Living Allowances and health benefits for bargaining units that negotiated foi fiscal years 1995/97, 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 for fiscal years 1995/97. The cost of these additional benefits shall be calculated in a manner to provide accurate comparison with th other bargaining unit. SECTION 2. HEALTH 13ENEFITS 2.1 The City shall pay a total of $408.53 per month toward the cost of all medical, dental, life insurance and vision benefit premiums for the employee and dependents. Effective November 1, 1997, the City will contribute 100% of increased costs to monthly premiums for employees and 50% of increased costs for dependent health insurance premiums based upon the HMO plan premium costs. 2.2 Those employees ithout dependents or who choose not to enroll their dependents in the City health plan, will receive the remaining amount of the premium as an addition to their regular pay. 2.3 The City shall provide a term life insurance policy on each employee in the amount of Fifty- Thousand Dollars ($50,000). 2.4 The City shall provide a term life insurance policy for each eligible dependent enrolled in heath coverage in the amount of One Thousand Dollars($1,000)per dependent. 1 W011.3 SECTION 3. ADMINISTRATIVE LEAVE 3.1 Sixteen (16) hours of Administrative Leave shall be granted per fiscal year to is Administrative Assistant and Administrative Secretary in this unit. Forty eight (48) hours of Administrative Leave shall be granted to Personnel Analsyt. Administrative Leave shall vest as of July 1 annually. Administrative Leave will not be carried over to accrue from one fiscal year to the next. SECTION 4. RETIREMENT 4.1 The City shall continue to pay the employee contribution (7% of base salary) to the Public Employees Retirement System(PERS), for the term of this agreement. SECTION 5. SICK LEAVE 5.1 There will be no maximum limit on the amount of sick leave an employee may accumulate. 5.2 An employee may use a maximum of forty (40) hours sick leave per fiscal year, for the 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. SECTION 6. SICK LEAVE INCENTIVE 6.1 Eligibility - to be eligible for this benefit an employee must: a. Have accumulated 48 days of sick leave. b. The sick leave pay-off will occur the next 12-month period (December 1 - November 30) after an employee has accumulated and maintained the 48 days on the books. C. In the event an employee covered by this agreement donates up to 12 days of sick leave in any one year, to the Employee Sick Bank, it shall not count against the 48 day accumulation for eligibility to receive the incentive pay-off. 6.2 Once the eligibility requirements have been met, an employee may opt to receive a pay-off equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days.) 6.3 The time period for determining annual usage will be December 1 to November 30. Checks will be prepared by December 15. SECTION 7. SICK LEAVE PAY-BACK 7.1 When an employee terminates employment in good standing, after five (5) years of continuous service, he/she shall be paid one-half of his/her accumulated Sick Leave. 2 X00111 7.1 When an employe terminates employment in good standing, after five (5) years of continuous service, he/she shal be paid one-half of his/her accumulated Sick Leave. SECTION 8. HOLIDA 8.1 The Birthday(Floating) Holiday (8 hours) will be credited to the employee on January 1 of each year and must be utilized within the calendar year, to be scheduled as any normal leave with pay procedure. There hall be no accumulation of floating holidays. 8.2 Martin Luther Kin 's Birthday shall be observed as a holiday. SECTION 9. TERM OF AGREEMENT 9.1 This agreement s 11 be effective 0001a.m., July 1, 1997, and shall remain in effect, unless modified by mutual agreement,until midnight June 30, 1998. On Motion by Councilme ber , and seconded by Councilmember , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: HAROLD L. CARDEN, III, Mayor ATTEST: MARCIA M. TORGERS N, City Clerk APPROVED AS TO FOR . ROY A. HANLEY, City Attorney 3 ')0Oli5 ITEM NUMBER: B 1 DATE: 01/27/98 1198 A 19 g CADF�� City Mana er's Agenda Report Wade G. McKinney Zone Change #97012 Amend Text of Zoning.Ordinance Relative to Acce s Requirements at the Eagle Creek Golf Course (9100 Santa Barbara Road; Gearhart) RECOMMENDA ION: The Planning Commission recommends that the Council: 1. Find that the project would not have significant environmental effects and that the Negative Decl ration prepared for the project is therefore adequate; and 2. Approve Zone Change#97012 through adoption of Ordinance No. 338. DISCUSSION: Background: The Eagle Creek Project was originally approved in 1991. The approval included General Plan amendment, zone charge and tentative tract map applications which allowed for a subdivision of the subject 24-acre sitd into twelve (12)residential lots and two (2) larger lots for recreational use as a golf course and tennis and swim club. Reflecting the approved subdivision,roughly one- third of the site was re zoned for residential use and other two-thirds was re-zoned for recreational use. In addition, Planned Development Overlay Zone No. 8 (PD8 Overlay)was created and applied to the entire site. The subject site, located on the south side of Santa Barbara Road between Highway 101 and Atascadero Road,is the only site affected by the PD8 Overlay. Summary: The PD8 Overlay requires that all development on the site substantially conform to a Master Plan of Development. Int is case, the Master Plan of Development is the approved subdivision map. In addition,the PD8 Overlay limits allowable uses,protects a scenic grove of Oak trees on the • property, requires appearance review for all the homes and requires that principle access to recreational uses be fr in Santa Barbara Road and not Atascadero Road. The intent of the latter requirement was to lin it commercial traffic associated with recreational uses to the collector road rather than>a local and predominantly residential street. `)0011( ITEM NUMBER: B - 1 DATE: 01/27/98 Since the.Eagle Creek Project was originally approved, ownership of the property has changed and the new owner(applicant)has recorded the subdivision map and begun construction. The new owner has no interest in the tennis and swim club components of the prior approval and only the 12 homes and golf course will be developed. This downsizing of the project has dramatically reduced the potential commercial traffic on and off the site, and both the applicant's engineer and City Engineer are now in agreement that access to the golf course would be much safer if taken from Atascadero Road. Conclusion: Modification of Planned Development Overlay Zone No. 8 as proposed by the applicant is being recommended by staff and the Planning Commission primarily because it would improve traffic safety. As a secondary benefit,the change would improve the appearance of the site. Under the existing zoning requirements, a paved parking lot and driveway connecting to Santa Barbara Road would have to be built. These graded and paved areas (with parked cars)would be highly visible from public view. If access from Atascadero Road is allowed,the portions of the site visible from Santa Barbara Road and the Highway would consist of greenery associated with the golf course as the applicant plans to relocate parking areas closer to Atascadero Road where they would be screened by topography and the clubhouse/pro shop buildings. FISCAL IMPACT: The recommended modification of zoning standards relative to access would have negligible fiscal impacts. RESPONSIBLE DEPARTMENT: Community Development Department ATTACHMENTS: Attachment A-- Ordinance 338 Attachment B -- Staff Report Prepared for Planning Commission Attachment C --Planning Commission Minutes 1 . 100117 ATTACHMENT A ORDINANCE 338 ZC #97012 ORDINANCE NO. 338 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3.652 OF THE ATASCADERO MUNICIPAL CODE (ZONING ORDINANCE) BY ELIMINATING THE REQUIREMENT THAT NONRESIDENTIAL USES ON PROPERTY AFFECTED BY PLANNED DEVELOPMENT OVERLAY ZONE NO. 8 (TRACT 2049, EAGLE CREEK PROJECT) USE SANTA BARBARA ROAD FOR PRINCIPAL ACCESS (ZC 97012: Gearhart) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the, proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; an WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The. Negative Declaration prepared for the project is adequate; and WHEREAS, he Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97012. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1 . The rroposal is consistent with General Plan goals and policies in effect at the time of application acce tance. 2. The rroposal is compatible with surrounding land uses and 2oning requirements in effect at the time of application acceptance. 3. The rroposal will not have significant adverse envi onmental effects. The Negative Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been considered and found adequate pursuant to the requirements of the California Envi onmental Quality Act (CEQA) . lO i is Ordinance No. 338 Page 2 4. Modification of the development standard hereby being amended promotes safe, orderly and harmonious development and is therefore warranted. 5. Modification of development standard hereby being amended will enhance the opportunity to best utilize the special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the subject Zoning Ordinance amendment cannot be reasonably achieved through existing development standards. Section 2. Zoning Ordinance. The Zoning Ordinance of the City of Atascadero, being Title 9 of the Atascadero Municipal Code (AMC) , is hereby amended to eliminate Subsection 9-3. 652 (e) , as shown on the attached `Exhibit A. ' All other subsections within AMC Section 9-3. 652, however, shall remain in effect. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of 'the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following roll call vote: 100119 Ordinance No. 338 Page 3 AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGE SON, City Clerk APPROVED AS TO ORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Director Community Development Department 1001120 EXHIBIT A, PAGE 1 OF 2 ORDINANCE NO. 338 9-3 . 652 . Establishment of Planned Development Overlay Zone No. 8 (PD8) . Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9- 1 . 102) . The following development standards are established: (a) A Master Plan of Development shall be approved prior to any development of the site. Said Master Plan shall be processed in the same manner as a Conditional Use Permit except that that Master Plan may be submitted and processed in the same manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to: 1 . Single Family Dwellings 2 . Residential Accessory Uses (See Section 9- 6. 106) 3. Crop Production and Grazing 4 . Farm Animal Raising (See Section 9-6. 111) 5. Home Occupation (See Section 9-6. 105) 6. Temporary Dwelling (See Section 9-6. 176) 7 . Agricultural Accessory Uses (See Section 9- 6. 109) 8 . Outdoor recreation services, limited to a golf course and/or Tennis and Swim Club (See Section 9-6. 123) 9. Pipelines (c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan, following a public hearing. 'x€301.21. EXHIBIT A, PAGE 2 OF 2 ORDINANCE NO. 338 (d) Tha grove of Oak Trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be pr served. In approving a Master Plan, or Tentative Map, efforts shall be made to place this ex reme western portion of the property into open space easement, or otherwise ensure its preservation. ,e, .. .,residential uses shall use Santa Barbara Read fee the prineipal aeeess. (f) Residential uses shall be subject to Appearance Re i°ew.. 100122 4 ATTACHMENT B PLANNING COMMISSION STAFF REPORT CITY OF ATASCADERO ZC #97012 STAFF REPORT 0 FOR: Planning Commission MEETING DATE: December 2, 1997 BY: Gary Kaiser, Associate Planner FILE NO: ZC #97012 SUBJECT: - Consideration of a Zoning Ordinance text change to amend Planned Development Overlay Zone No. 8 (PD8) by removing the current requirement that all nonresidential uses on the site gain access from Santa Barbara Road. The subject site, and only site zoned with a PD8 Overlay, is located at 9100 Santa Barbara Road. RECOMMENDATION: - The Commission should recommend that the City Council: 1. Find the Negative Declaration prepared for the initial establishment of Planned Development Overlay Zone No. 8 adequate for use in the consideration of the current amendment to Planned Development Overlay Zone No. 8; and 2. Approve Zone Change #97012 by adopting Ordinance No. 338, as contained in Attachment D. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .Kelly Gearhart 2 . Representative. . . . . . . . . . . . . . .Cannon Associates 3. Environmental Status. . . . . . . . .Negative Declaration adopted April 9, 1991 BACKGROUND: In February and March of 1991, the Planning Commission held public hearings and recommended that the City Council approve General Plan Amendment, Zone Change and Tentative Tract Map applications for what became known as the Eagle Creek Project. The project would allow the subdivision of a 24-acre site into twelve (12) single family residential lots and two (2) larger lots for recreational use. On April 9, 1991, the Council concurred with the recommendation of the Planning Commission and approved the project. With several time extensions having been granted, the final tract map has recently recorded and development of the homes and golf course is now underway. 0 ')00123 Prior to the C uncil's approval of the Eagle Creek Project, the 24-acre site was zoned for Commercial Tourist use. In changing the zoning of approximately one-third of the site to residential and two-thirds of the site recreation, a new planned development overlay zone was established to "lock-in" development of the entire site in accordance with the Master Plan of Development presented by t e applicants. That overlay zone is now codified in Section 9-3.152 of the Zoning Ordinance as Planned Development Overlay Zone ND. 8 yet it applies only to the subject site. ANALYSIS: In addition to ensuring conformance with the approved Master Plan of Development Planned Development Overlay Zone No. 8 limits allowable uses on the site, protects a scenic grove of Oak trees on the site, makes all of the residences subject to appearance review and reqaires that the principal access to nonresidential uses be from Santa Barbara Road and not Atascadero Road. When the Eagle Creek Project was originally approved, recreational u es were to include a tennis and swim club in addition to a olf course. The planning principal behind the access restric ion is simple -- all other things being equal, commercial tra fic associated with recreational uses should come directly from collector road and not a local, residential street. Although there are only two (2) homes along this section of Atascadero Roal at the present time, the Williamson Act Contract for the Eagle lanch will eventually expire and the property will no longer be ii Agricultural Preserve status. At some point thereafter, th re will undoubtedly be a strong push to develop the Ranch for esidential use. Hence, the access, restriction on the Eagle Creec Project is intended to protect future residents of the area in addition to the two (2) homes that exist now. In addition to the elimination of the tennis and swim club, another thing that has changed since the Eagle Creek Project was originally appoved is the adoption of Engineering Standards and the contract w'th North Coast Engineering for City Engineering services. In eviewing the original project, Caltrans was primarily cone rned about the protection of their drainage ditch under the Highway and preventing errant golf balls from entering the Highway. Although they stated that the project "should not create significant traffic impacts, " Caltrans suggested the City consider a left-turn lane along Santa Barbara Road at the entrance to recreational uses to alleviate what they saw as potential congestion. The Public Works Department at the time did not see the need for such a left-turn lane and such a requirement never appeared as a recommended Condition of Approval. 100124 In response to the current application, North Coast Engineering has reviewed the situation and agrees with the applicant that the number of encroachments onto Santa Barbara Road should be minimized for safety and for circulation in general. CONCLUSIONS: The Zoning Ordinance change requested by the applicant and supported by North Coast Engineering would improve traffic safety and circulation in general. Moreover, the change would improve the appearance of the site in that paved access and parking areas visible from public streets would be replaced with greenery associated with the golf course. Although the change will increase commercial traffic on a local residential street (Atascadero Road) , that increase will not be as great as previously feared because of reductions in the planned number and intensity of commercial uses. Indeed, it appears the benefits of the proposed change outweigh the costs and, upon approval of the change, a great project for the community can become even better. ATTACHMENTS: Attachment A - Original Access and Parking for Eagle Creek, Project Attachment B - Revised Access and Parking for Eagle Creek Project Attachment C - Applicant's Statement Attachment D - Ordinance 338 100125 CITY OF ATASCADERO ATTACHMENT A -v�.:IrIC rA tri.=-• - -sC MMUNITY DEVELOPMENT ORIGINAL ACCESS/PARKING � FOR . EAGLE CREEK PROJECT tab DEPARTMENT zc #9012 07 5$2 $ o 'a N 74 Wo 04G7 ITS $p' �da� s; a u E—,C ai o o W H pP9� cc <m�'�JW CQ a n o m2li Y so t Q �OOV h r' N J o p`am << E . i g \ — 2233 7 2 3• 1F-!J ♦ 1 I 2 W '> • x m . � 2 1 I � I• In a O`O� •� 3 \ I �_ r 4 V,. V � c7 30� Vn' vi i te,SEtEFEn "fLisfftrF(E j�=s i CITY OF ATASCADERO ATTACHMENT B r'+%'• �■la '- rIl ' REVISED ACCESS/PARKING COMMUNITY DEVELOPMENT FOR EAGLE CREEK PROJECT DEPARTMENT zC *97012 Ld V) %PROF !'•' \ 1,'.\.` \ � / S LL. Li LLJ ! : mi J LLJ \ \� I r• l i 1 1' 00127 CITY OF ATASCADERO ATTACHMENT C �e ,Y„_, APPLICANT 'S STATEMENT COMMUNITY DEVELOPMENT zC #97012 DEPARTMENT MICHAEL F.CANNON.PE ANDREW G. MERRIAM,AIA,AICP Mamon .DANIEL S. HUTCHINSOV LS ASSOCIATES Steve DeCamp Direc or of Community Development City f Atascadero 6650 alma Avenue Atasc idero,CA 93422 ENGINEERS Subje t: Zone Text Amendment,Eagle Creek Golf Course PLANNERS 9-3.652(e) Planned Development Overlay Zone No. 8 SURVEYORS Dear teve: As yo a are aware,Mr. Gearhart has obtained a grading permit and has begun the earthwork operations at the Eagle Creek Golf Course. I think you will agree that the revised design of the golf course is considerably better than the original versio i,due to the additional space created by eliminating the tennis club. In acc rdance with these revisions,Mr. Gearhart is hereby requesting that the Planning Commission reconsider the language established in Planned Development Overlay Zone No. 8. More specifically,he requests that item"e”of 9-3.65 2,Establishment of Planned Development Overlay Zone No. 8,which requires access for non-residential use from Santa Barbara Road,be eliminated. It is readily apparent that a driveway from Santa Barbara Road would be detrimental to the enjoyment of the course by golfers. Access to the clubhouse via At scadero Road is a much safer entrance for the golf course than Santa Barbara Road. Vehicles stopped in Santa Barbara Road waiting to make left turns into the golf course present congestion and are a hazard to through traffic in both directions. In the driginal hearings for the golf course in 1991,there was discussion regarding the potential of residential traffic in the Eagle Ranch area conflicting with the users o the course. Though the agricultural preserve contract on the ranch has many years remaining,when and if this area is developed,we believe that the owners of these lots will welcome the convenience of a recreational opportunity such as the Eagle Creek Golf Course. We bel eve that the Eagle Creek Golf Course will be a welcome attraction to the commu nity and a wonderful recreational benefit to young and old alike. Thank you for your consideration. 364 PACIFIC STREET cer y, SAN LUIS 08ISP0,CA _ I% �'��F ri E-T•-a C-+ -tee- . i 93401 ohn F kenstien 1 j` J a CELEBRATING 970709\z etext "°"" 'Inti j 1997 805.544-7407 ^"' FAx 805.544-3863 YWS OF SEW ICE 1001,28 001,28 ATTACHMENT D ORDINANCE NO. 338 ZC #97012 ORDINANCE NO. 338 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3.652 OF THE ATASCADERO MUNICIPAL CODE (ZONING ORDINANCE) BY ELIMINATING THE REQUIREMENT THAT NONRESIDENTIAL USES ON PROPERTY AFFECTED BY PLANNED DEVELOPMENT OVERLAY ZONE NO. 8 (TRACT 2049, EAGLE CREEK .PROJECT) USE SANTA BARBARA ROAD FOR PRINCIPAL ACCESS (ZC 97012: Gearhart) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held aP ublic • hearing on December 2, 1997 and has recommended approval of Zone Change 97012. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with General Plan goals and policies in effect at the time of application acceptance. 2. The proposal is compatible with surrounding land uses and zoning requirements in effect at the time of application acceptance. 3. The proposal will not have significant adverse environmental effects. The Negative Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been considered and found adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) . i )00129 Ordinance No. 338 Page 2 4. Modi ication of the development standard hereby being amended promotes safe, orderly and harmonious development and is therefore warranted. 5. Modification of development standard hereby being amended will enhance the opportunity to best utilize the special characteristics of an area and will have a bene icial effect on the area. 6. Bene its derived from the subject Zoning Ordinance amendment cannot be reasonably achieved through existing development standards. Section 2. Zoning Ordinance. The Zoning Ordinance of the City of Atascadero, being Title 9 of the Atascadero Municipal Code (AMC) , is hereby amended to eliminate Subsection 9-3. 652 (e) , as shown on the attached `Exhibit A. ' All other subsections within AMC Section 9-3. 652, however, shall remain in effect. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of jeneral circulation, printed, published, and circulated in tae City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and s all cause this ordinance and this certification together with p oof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordi ance shall go into effect and be in full force and effect at 12: 01 a.m. on the 31st day after its passage. On motion by and seconded by , the foregoing Ordinance is approved by the following roll call vote: 000130 Ordinance No 338 Page 3 AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: RAY JOHNSON, Mayor ATTEST: MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: ROY A. HANLEY, City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Director Community Development Department ")001;31 . EXHIBIT A, PAGE 1 OF 2 ORDINANCE NO. 338 9-3. 652 . Establishment of Planned Development Overlay Zone No. 8 (PD8) . Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9- 1 .102) . The following development standards are established: (a) A Master Plan of Development shall be approved prior to any development of the site. Said Master Plan shall be processed in the same manner as a Conditional Use Permit except that that Master Plan may be submitted and processed in the same manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to: 1 . Single Family Dwellings 2 . Residential Accessory Uses (See Section 9- . 6. 106) 3 . Crop Production and Grazing 4 . Farm Animal Raising (See Section 9-6. 111) 5. Home Occupation (See Section 9-6. 105) 6. Temporary Dwelling (See Section 9-6. 176) 7 . Agricultural Accessory Uses (See Section 9- 6. 109) 8 . Outdoor recreation services, limited to a golf course and/or Tennis and Swim Club (See Section 9-6. 123) 9. Pipelines (c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan, following a pu lic hearing. ')00132 EXHIBIT A, PAGE 2 OF 2 • 'ORDINANCE NO. 338 (d) The grove of Oak Trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation. TG) NAii-cTra ertuses suii use Barbara R drbriu—n vua er - the prineipal aeeess (f) Residential uses shall be subject to Appearance Review. • `)00133 ATTACHMENT C PLANNING COMMISSION MINUTES Planning Commission Meeting - December 2, 1997 ZC #97012 Page Five of Eight B. 2. ZONE CHANGE 97012: Application filed by Kelly Gearhart (Cannon Associates) for z Zoning Ordinance Text Amendment. If approved therE would no longer be a zoning requirement that non- resi ential uses gain access to the site only from Santa Barbara Road. Subject site is located at 9100 Santa Barbara Road. STAFF RECOM-IEN TION: (Gary Kaiser) The Commission should recommend that the City Council: 1 . Find the Negative Declaration prepared for the initial establishment of Planned Development Overlay Zone No. 8 adequate for use in the consideration of the current amendment to Planned Development Overlay Zone No. 8; and 2 . Approve Zone Change #97012 be adopting Ordinance No. 338, as contained ia Attachment D. Gary Kaiser pro ided the staff report and responded to questions from the Commis ion. Commissioner Wallace - wanted to confirm that the reduction in traffic was due to the elimination of the swim and tennis club. Gary said that was correct. Commissioner Zimmerman -said it was his understanding that the tennis facility was being eliminated; if this is approved can it come back in, or is it out. Gary said that the tennis facility still shows on the Master Plan of Development and is consistent with the zoning so tennis could be added. Chairman Hagema - pointed out that the two maps shown as Attach- ment "A" and Attachment "B" there' s quite a difference in the configuration of the lots. Gary confirmed that the maps were slightly different; however, all changes were deemed in substan- tial conformance with the tentative map and final map is recorded. Commissioner Clark - referred to Chairman Hageman' s inquiry stating that Attachment "A" shows and easement that Attachment "B" does not show. Gary explained that it was proposed to be a drainage easement and that drainage easements are still being accommodated but: in other areas . Commissioner Clark says he feels uncomfortELble with the changes that affect the residences and the traffic flow. `)00134 � I Planning Commission Meeting - December 2, 1997 Page Six of Eight TESTIMONY: John Falkenstien, applicant' s representative - said that it was going to be a real nice project, a real functional and workable facility. He told the Commission that what was being proposed was a simplified version of what was originally proposed. Mr. Falkenstien concurred with North Coast Engineering that the access from Atascadero Road is a safer access. He informed the Commission that there aren' t any plans for a tennis club which was proposed in the past. After the 9-hole golf course is developed, there won' t be space for any other facilities. He said he didn' t think that the applicant would have any problem with an agreement that precludes the future establishment of a tennis club, swim club, etc. Chairman Hageman — referred to Mr. Falkenstien' s statement regarding the lack of room for future facilities; asking what the property to the east of the parking lot along Atascadero Road was going to be used for. Mr. Falkenstien said that entire area was going to be a driving range area. Richard Shannon - said that as a Realtor he has shown this particular piece of property and that the Commission shouldn' t be concerned about any future development as there was barely enough room for a nine-hole golf course and driving range. . . . . . . end of public testimony. . . . . . ACTION: Find the Negative Declaration prepared for the initial establishment of Planned Development Overlay Zone No . 8 adequate for use in the consideration of the current amendment to Planned Development Overlay Zone No. 8 . Motion: Wallace 'Second: Zimmerman AYES : Wallace, Zimmerman, Sauter, Clark, Arrambide, Chairman Hageman NOES : None ABSENT: None MOTION PASSED: 6: 0 ACTION: Approve Zone Change *97012 by adopting Ordinance No. 338, as contained in Attachment D. 100135 Planning Commission Meeting - December 2, 1997 Page Seven of Eight Motion: Wallace Second: Zimmerman AYES: Wallace, Zimmerman, Sauter, Clark, Arrambide, Chairman Hageman NOES: None ABSENT: None MOTION PASSED: 6:0 ')001:36 ITEM NUMBER: B - 2 DATE: 01/27/98 Isis w Ya 9 �sran'�oi City Atto ey's Agenda Report Roy A. Hanley Sidewalk Maintenance and Repair Ordinance RECOMMEND ION: Waive the reading of Ordinance 342 in full and introduce for first reading by title only. DISCUSSION: Background: The Streets and Highways Code of the State of California already provides that the adjoining property owners are responsible for maintenance of existing sidewalks. This ordinance would clarify the proc dures already in place in the City of Atascadero to enforce the Streets and Highways Code. ThiE ordinance will not require the construction of sidewalks in any location where sidewalks are not already required by the City of Atascadero. This is not a change in policy. Analysis: The Street and Highways Code of the State of California set forth procedures for cities to follow in rec uiring adjoining land owners to repair sidewalks. This is a public safety issue. The City, in he past, has simply followed the procedures set forth in the Streets and Highways Code. Thi process has proved to be cumbersome, and has proved to be confusing to members of the publi . The purpose of this proposed ordinance is to codify, in the Municipal Code, the procedure set forth in the Streets and Highways Code requiring the abutting property owners to maintain existing sidewalks. This procedure would allow the City to follow the due process requirements of notice, including,the required posting. This procedure would allow the City to clearly recoup costs, if any, of the failure of the property owner to repair the sidewalk after notice. An additional benefit to the City would be the creation of a procedure for requiring the sidewalks to be repaired. This ill provide an additional defense to the City in the event that someone is injured by a defective sidewalk. The City would be free to have an administrative policy for examination of sidewalks, temporary repair, and notice to the abutting property owners. So long as the City reasonably inspected sidewalks, and reasonably effectuated temporary repair, the effective use of t1te sidewalk repair ordinance will provide a defense to the City in any trip and fall litigation. ')0013'7 ITEM NUMBER: B - 2 DATE: 01/27/98 Conclusion: This item does not change'current City,policy. The item will clarify-City S procedures, and make it easier to administratively handle sidewalk repair in a manner that most benefits the City in future potential litigation. FISCAL IMPACT: None. ALTERNATIVES: The City of Atascadero is not required to implement these Municipal Code sections. The Streets and Highways Code already provides for such procedures. PREPARED BY: City Attorney Roy A. Hanley ATTACHMENTS: Ordinance Number 342 i 000138 ORDINANCE NO. 342 AN ORDINAN DE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SIDEWALK AND STREET EDGE MAINTENANCE AND IMPROVEMENT ORDINANCE SECTION 1. Purpose. The provisions cod fied in this chapter are adopted to implement and supplement the Streets and Highways Code as it exists as of the adoption of the ordinance from which this section derives and as it may be amended from time to time. SECTION 2. Applicability. Except as specifically excluded by the Streets and Highways Code, or this chapter, the provisions of this chapter shall apply to any work on streets and sidewalks within the public right of way within the incorporated area of the city. SECTION 3. Defin tions. Whenever any words or phrases used in this chapter are not defined in this section but are defined in the Streeis and Highways Code such definitions are incorporated in this chapter and shall apply as though set forth in full in this chapter. The following words and phrases shall have the meanings respectively ascribed to them: (a) "Any single lot or parcel of land" means any lot or parcel of property or any group of contiguou lots or parcels of real property which serve one residence or one business or industrial establishment, regardless of the fact that the several lots or parcels are owned by, or ur der lease to, different persons. (b) "City Public Works Department Standard Specifications and Drawings" means the city's standard plans and specifications that are on file in the office of the Director of Public Works and are used for construction of such items including but not limited to concrete curbs, gutters, driveways and sidewalks, street paving, streetlights, water, storm drains and sewer lines and tree wells. Periodic revisions are made on these Standard Specificati ns and Drawings from time to time as the need arises and copies are available for purchase from the office of the Director of Public Works. (c) "Permit" means the encroachment permit required for construction or reconstruction of p blic improvements and/or encroachment work authorized by the Atascadero Municip I Code. "Public improvements" includes but is not necessarily limited to concrete curbs, gutters, driveways and sidewalks, street paving, street lights, storm drains, and sewer lir es and tree wells. Provisions of the encroachment ordinance provide for fees contained therein. (d) "Streets and Highways Code" means the provisions of the California Streets • and Highways Cod , Division Seven, and such amendments and additions as may have been made to those provisions. (e) "Width of Driveway" means the width of such driveway at the top of the curb and not the width o such driveway at street or gutter level. ')00139 CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 2 SECTION 4. Maintenance of Sidewalk and Streetedge Maintenance by Abutting Owners. The owners of lots or portions of lots fronting on any portion of a public street or place, when the street or place is improved, shall maintain all items including but not limited to trees, sidewalks, parkways, curbs and gutters and driveways located in public rights of way in a condition that will not endanger persons or property or will not interfere with the public convenience in the use of those works pursuant to this chapter and Chapter 22, of Part 3, Division 7 of the Streets and Highways Code. SECTION 5. 5.01. Notice to Repair. When any portion of a sidewalk is out of repair or pending reconstruction.and in condition to endanger, persons or property or in condition to interfere with the public convenience is hereby declared a nuisance as defined in Atascadero Municipal Code section 9-8.106. The superintendent of streets may notify the owner or person in possession of the property fronting on that portion of such sidewalk to repair the sidewalk according to the city's Standard Specifications and Drawings. 5.02. Service of Notice. Notice to repair any portion of a sidewalk may be given by delivering a written notice personally to the owner or to the person in possession of the property out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his/her last known address as the same appears on the last equalized assessment rolls in the records of the county clerk. 5.03. Posting of Notice. The postal card shall contain a notice to repair the property out of repair, and the superintendent of streets shall immediately upon the mailing of the notice, cause a copy of it printed on a card not less than eight (8) inches by ten (10) inches in size to be posted in a conspicuous place on the property. 5.04. Contents of Notice. The notice shall specify: 1) what work is required to be done; 2) how it is to be done; 3) what materials shall be used in the repair and shall further specify; 4) that if the repair is not diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost shall be an obligation of abutting property owners so notified and such cost may be a lien on the property. In lieu of posting a copy of the mailed notice on the property, the superintendent of streets may, not less than seven (7) days nor more than ten (10) after mailing of the first postal card notice, mail an i additional postal card, postage prepaid, marked "Second Notice" to the person to whom the first postal card was addressed. The second notice shall contain the material required by this ordinance, but shall not extend the time for commencing repairs. ')00140 CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 3 SECTION 6. Repai by Street Superintendent. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets may forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk or the private roadway so out of r pair, as ascertained from the last equalized assessment role of the city, or as shown in tie records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have the power to prescribe the form of the written request. The cost of the repair work d ne by request pursuant to this section shall be a part of the cost of repairs for which, p rsuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. SECTION 7. Notice Report, and Hearing. 7.01. Upon the completion of repair, the superintendent of streets shall cause notice of the cost oi repair to be given in the manner specified in this ordinance for the giving of the first not ce to repair, which notice shall specify the day, hour and place where the City Council sha I hear and pass upon a report by the superintendent of streets of the cost of repair, toget er with any objections or protests, if any, which may be raised by any property owner liablE to be assessed for the cost of repair and any other interested person. 7.02. Upon he completion of repair, the superintendent of streets shall prepare and file with the City Clerk a report specifying the repairs which have been made, the cost of the repairs, a description of the real property or properties in front of which repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost them of. Any such report may include repairs to any number of parcels of property, whether c ntiguous to each other or not. 7.03. Upon 1he day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may a raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. There upon the City Council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of th City Council on all reports, protests and objections that may be made shall be final and conclusive. SECTION 8. Asses ment, Notice of Lien, Recordation. 8.01. The cost of repair maybe assessed by the City Council against the parcel or parcels of property fronting upon the sidewalk upon which such repair was made. Such cost so assessed, if not paid within five (5) days after its confirmation by the City Council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property fort the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. '�0ot'4I CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 4 8.02. The superintendent of streets may file in the office of the county recorder of San Luis Obispo County, a certificate.in the form prescribed by Streets and Highways Code Section 5626 as it exists today, or as modified in the future. Alternatively the superintendent may pursue recovery of the assessed costs, which are hereby declared a personal obligation of the abutting owner, in a civil court of competent jurisdiction. 8.03. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. SECTION 9. Collection With Regular Taxes. As an alternative method of collection of the amount of the lien, the City Council, after confirmation of the report of the superintendent of streets, may order the Notice of Lien to be turned over to the assessor and the tax collector, where upon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. The Notice of Lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county Board of Equalization. SECTION 10. Alternative Procedure. This chapter constitutes a separate and alternate procedure for performing the work specified herein. It is not the exclusive method of the city to require repairs or for collection of the cost of those repairs. The enforcement officer may, at the request of the superintendent of streets, initiate and complete proceedings to abate such nuisances as provided for in Municipal Code section 9-8.107. SECTION 11. Severability. The city of Atascadero intends that each provision of this ordinance be severable from the other. If any section, subsection, paragraph, sentence, clause, phrase or word of this ordinance is declared unconstitutional or void by a court of competent jurisdiction, the voided part is severable and this City Council would have adopted the remainder of this ordinance without the voided part, and the remainder shall be in full force and effect. SECTION 12. Criminal Penalties and Additional Legal Relief. 12.01. It is unlawful for any person to fail or refuse to comply with a notice of repair sent by the superintendent of streets. Any person who fails to comply with the notice and finish repairs within sixty (60) days of the mailing of a first notice to repair is guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the county jail, or both, in the discretion of the court. ')001112 CITY OF ATASCADAERO ORDINANCE NO. 342 PAGE 5 12.02 Nothing herein shall prevail or restrict the city from taking such other lawful action as is necessa y to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but not be limited to, an action for injunctive relief or an action at law for damagess. All remedies and penalties provided for in this ordinance are cumulative and independently available to the city and the city shall be authorized to pursue any and all remedies set forth in this Ordinance to the full extent allowed by law. ADOPTED A SID APPROVED this day of , 1998. Harold L. Carden, III, Mayor ATTEST: Marcia M. Torgersori, City Clerk APPROVED AS TO FORM: Roy A. Hanley, City Attorney I ')00143 ITEM NUMBER: C-1 DATE: 01/27/98 Iola G 1979 EAD�� City Manager's Agenda .Report Wade G. McKinney CALIFORNIA MANOR (10165 El Camino Real) RECOMMENDATION: Authorize City ManaE er to execute Contract#97052 modifing a Development Agreement dated March 15, 1985 DISCUSSION: Background: The CiVr entered into a Development Agreement with California Manor, a Limited Partnership, in 1985. Generally the agreement provided for the City to assist the development of the California Manor project with Community Development Block Grant funds in exchange for a thirty(30)year restric ive covenant providing for low income housing. The owners off the project have complied with the covenant for the last twelve years. However,recently the owners have sought financing to improve the project or modify the ownership of the project. Appraisers for Rural Economic C Dmmunity Development(RECD, formerly Farmers Home Administrtion) have penalized the va ue of the project because of the restrictive covenant held by the City. The owners have sought rc moval or modification of the covenant to enhance the appraised value of the project Analysis: Staff has rc viewed the project and found it provides several important assests to the community. First,the use of the project is needed as evident by the waiting list of potential residents. 'Secondly, tie covenant and project assist the City in accomplishing the housing goals. Therefore, staff recorr mends that the Council not consider elimnating the restrictive covenant. Staff has developed a agreement that establishes the value of the covenant. The attached contract establishes a `buy-out"provision in the Development Agreement. This"buy-out"then becomes the value of he covenant which the appraiser can use to discount the value of the project. In this way,t ie benefits of the covenant to the City stay in place while the owner can achieve a more favor le appraisal. FISCAL IMPAC A potential revenue o $150,000 in the first year should the owner elect to "buy-out"the covenant. However, staff expects no financial impact. 1001`14 ITEM NUMBER: C-1 DATE: 01/27/98 ALTERNATIVES: 1. Council could eliminate the restrictive covenant. This alternative was not recommended because it includes the greatest risk that the low income units would be lost. In addition,the City may be taking actions contrary to the goals contained in the City's Housing Element. 2. Council could take no action. This alternative was not recommended because it keeps the owners in a precarious financial situation which manifests itself defferred capital improvements at the project. 3. Council could approve the contract and modify the value of the"buy-out"provision. Staff attempted to establish the value high enough to discourage "buy-out" ,while not placing a significant burden on the appraised value. The owners believe Staff's"value"is high. PREPARED BY: Wade G. McKinney,City Manager ATTACHMENTS: Contract No. 97052 z 100145 City of Atascadero Contract 9 97052 MODIFICATION OF DEVELOPMENT AGREEMENT ENTERED INTO MARCH 15, 1985, BETWEEN CALIFORNIA MANOR AND THE CITY OF ATASCADERO CALIFO IA MANOR, a Limited Partnership, hereinafter referred to as "CM", and the CITY OF ATASCADERO, hereinafter referred to as "City", mutually desire and do hereby modify t ie Development Agreement and specifically, Attachment B thereto, executed by the pa ties on or about March 15, 1985. WHEREAS, both parties acknowledge that the purpose of the Community Development Block Grant was to provide fiends necessary to purchase the land for the California Manor c mplex so as to reduce the project development costs; and, WHEREA , the Community Development Block Grant was used to purchase said site with the under tanding that by way of such purchase, the total loan amount required to develop the project would be proportionately reduced; and, WHEREAS, both parties acknowledge that as a result of the reduced loan amount, said loan secured by Farmers Home Administration, a resultant reduction in rents has been incorporated forthe benefit of tenants since the commencement of operation of the CM project, and CM has fulfilled its agreement with the City by passing on said savings to tenants; and, Modification of Devel pment Agreement California Manor Page 1 of 3 `)00116 City of Atascadero Contract#97052 WHEREAS, the project has been operating in accord with FmHA, now R.E.C.D. regulations pertaining to rent change approvals and agrees hereby to continue to do so consistent with the original agreement as modified herein; and, WHEREAS, the appraised value of the project is negatively affected as a result of the City's thirty-year restrictive covenant, effectively reducing and perhaps eliminating opportunities to maintain and improve needed affordable housing; and, WHEREAS, bot the City and CM acknowledge that neither is obligated at any time to provide rent subsidy or mortgage interest credit. IT IS HEREBY AGREED that CM, or its successors in interest, may elect to exercise a buy-out option of the Development Agreement and specifically the regulatory agreement set forth in Attachment B of the original Development Agreement as follows: Commencing February 1, 1998, CM and/or its successors shall have the option to buy-out the City's interest in the project in the form of the restrictive covenant and as a result of the initial Community Development Block Grant used to purchase the property on the following terms: 1) Commencing February 1, 1998, the amount payable for the City's interest is agreed,to be $150,000. 2) Each year the amount payable to buy-out the City's interest will be reduced $5,882.35, an amount equivalent to seventeen (17) equal divisions of $100,000. A minimum of$50,000 payable to buy-out the City's interest will be required through the term of the original agreement. Modification of Development Agreement California Manor Page 2 of 3 City of Atascadero Contract#97052 This modifi ation supersedes the original Attachment B to the Development Agreement entered into between the City and CM on March 15, 1985. All other terms and conditions of the o 'ginal Development Agreement consistent with this modification remain in frill force and effect. Dated: CALIFORNIA MANOR A Limited Partnership By: Dated: CITY OF ATASCADERO By: Wade G. McKinney City Manager RESOLUTION OF CITY COUNCIL ATTACHED HERETO and incorporated by reference as thougl fully set forth herein. Modification of Devel pment Agreement California Manor Page 3 of 3 1001-18 ITEM NUMBER: C - 2 ■a ■ ■ DATE: 01/27/98 iais a City Mana er's Agenda Report Wade G. McKinney Information Bulletin A. PLANNING OMMISSION RECRUITMENT The City Clerk has asked the Atascadero News to write an article about the Planning Commission, its purpose, and the City's need for interested citizens to apply for the two vacancies. In the past just placing ads in the newspaper doesn't seem to attract much attention. It is Ms. Torgerson's I iope that an article explaining the duties of a Planning Commissioner will encourage interest int a positions. The deadline for turning in applications has been extended to Friday, January 30, 1998 at 5:00 p.m. Please spread the word and encourage the public to participate in the government process. B. EMPLOYEE UPDATE Michele Schamber F/Time Police Officer Hired 12/29/97 Frank Cardinale F/Time Police Officer Retired 12/31/97 Dean Austin P/Time Zoo Cashier Hired 1/2/98 Steve Kendrick_ P/Time Scorekeeper Hired 1/10/98 Seth"Leigan P/Time Scorekeeper . Hired 1/10/98 Michael Higbee P/Time Scorekeeper Hired 1/10/98 Jeffrey Hafler P/Time Recreation Leader Hired 1/12/98 i ')001`19