Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 09/24/1991
RRIC F EVIEW COPY PFA$trDO OT REMOVE FROM MINTER * NOTICE: THE CITY COUNCIL WILL MEET AT 6:00 O.M'. , PRIOR TO THE REGULAR MEETING, FOR PURPOSES OF RECEIVING A STATUS REPORT FROM THE ECONOMIC ROUND TABLE A G E N D A' ATASCADERO CITY COUNCIL ; REGULAR MEETIN ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM SEPTEMBER 24, 1991 7:00 P.M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the brief general description of each item, the action that may be tak- en shall include: A referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and; execute agreements pertaining to the item; adoption or approval; and, ;disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are.on file in the office of the City Clerk, available for public in0pection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. * A person may speak for five (5) minutes. * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. * Council Members may question any speaker; the speaker may respond but, after the allotted time has expired, may not initiate further discussion. * The floor will then be closed to public participation and open for Council discussion. 1 j Call to Order Pledge of Allegiance Roll Call City Council Comments: * Proclamations: • "Navy League Day", September 28, 1991 • "Fire Prevention Week", COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is provided to receive comments from the public on matters other than scheduled agenda items. To increase the effectiveness of Community Forum, the following rules will be enforced: * A maximum of 30 minutes will be allowed for Community Forum, unless Council authorizes an extension. All remarks shall be addressed to Council., as a whole, and not to any individual member thereof. No person shall be permitted to make slanderous, profane or personal remarks against any Council Member, commissions and staff. PRESENTATION: Community Center Project Marty Rudlac A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit 2. Solid/HazardousWaste Management Committee 3. Recycling Committee 4. Economic Opportunity. Commission 5. City/School Committee 6. Traffic Committee 7 Downtown Interim Sign Committee 8. County Water Advisory Board 9. Economic Round Table 10. B.I.A. 11 Colony Roads Committee 12. County-wide Fee Study B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items`. A member of the Council or public may, by request, have any item , 2 i removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY COUNCIL MINUTES - AUGUST 27, 1991' 2. CONSOLIDATED CITY TREASURER'S REPORT - AUGUSTr 1991 3. TENTATIVE TRACT MAP 9-91, 9286 EL BORDO Five airspace condo- miniums (Boyle/Mastin) 4. TENTATIVE TRACT MAP 39-87, VISTA BONITA - Time extension (Yeo- mans 5. RESOLUTION NO. 90-91 ADOPTING A MEMORANDUM Off' UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADEAO FIREFIGHTERS BARGAINING UNIT 6. RESOLUTION NO. 92-91 - ADOPTING A MEMORANDUM: OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCAIDERO FIRE CAP- TAINS BARGAINING UNIT 7 RESOLUTION NO. 91-91 - AUTHORIZING THE EXECUTION OF AN AMEND- MENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER C. HEARINGSIAPPEARANCES: 1. PRIVATE ROADS A. 3-F Meadows Assessment District B. Five-Year CIP: Re-evaluation 2. SOLID WASTE MANAGEMENT A. Resolution No. 96-91 - Authorizing Wil-Mar Disposal to Implement the Integrated Waste Management Program B. Resolution No. 95-91 Wil-Mar Disposal Co. - Contract Modifications D. REGULAR BUSINESS: 1. AWARD OF BID #91-14 FOR PURCHASE OF A FIRE DEPARTMENT VEHICLE 2 AUTHORIZING REQUEST FOR GOVERNMENT FINANCIAL ASSISTANCE FOR THE CARLTON HOTEL RENOVATION PROJECT A. Resolution No. 93-91 - Approving an Application for Fund- ing from the Economic Development Allocation of the State CDBG Program and Identifying the Responsible Party for Grant Administration 3 B. Resolution No. 94-91 - Approving an Application for a CHRP Housing Rehabilitation Loan on Behalf of the Carlton Hotel Project 3. SIDEWALK DISPLAY AND SALES E. INDIVIDUAL DETER14INATION ANDJOR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager 4 • P R O C L A M A T I O N "NAVY LEAGUE DAY" SEPTEMBER 28, 1991 WHEREAS, The Navy League of the United States was formed with the cooperation and encouragement of President Theodore Roosevelt to disseminate information about our naval and maritime forces; and WHEREAS, The Naval Sea Cadet Program was established under the auspices of the Navy League in order to "encourage and aid American youth to develop an interest and skill in basic seamanship and in its naval adaptations"; and WHEREAS, The Central Coast Chapter of the Navy League was formed in 1987, with over 130 members, and is sponsoring an event on Saturday, September 28, 1991 to welcome our naval troops back from the Gulf War, as well as to help raise funds for the Naval Sea Cadet Program; NOW, THEREFORE, I, Alden Shiers, Mayor of Atascadero, do hereby declare September 28, 1991 to be "Navy League Day" in the City of Atascadero and urge all citizens to support our naval and maritime forces. ALDEN F. SHIERS, Mayor City of Atascadero, CA September 24, 1991 • • PROCLAMATION FIRE PREVENTION WEEK WHEREAS, the week of October 6-12 , 1991 , has been designated as Fire Prevention Week nationwide; and WHEREAS, Fire Prevention Week is held in commemoration of the anniversary of the "Great Chicago Fire" ; and WHEREAS, the Atascadero City Fire Department and firefighters nationwide symbolize Fire Prevention Week as a time to stress the importance of fire prevention and education to the public. NOW, THEREFORE, I , ALDEN SHIERS, MAYOR OF ATASCADERO, do • hereby proclaim the week of October 6-12 , 1991 , as Fire Prevention Week and urge all citizens to make a commitment to fire prevention and home fire safety and to visit the fire station and become familiar with the many aspects of the fire service. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 24th day of September, 1991 . ALDEN SHIERS , Mayor City of Atascadero, California Agenda Item #B-1 Meeting Date: 9/24/91 MINUTES OF THE MEETING OF 8/27/91 TO BE DISTRIBUTED AT A LATER DATE • • MEETING AGENDA DATE 9/24/91 ITEM# B_ cn C " = =' r -I `ti n t"' O I Z n w •-: �n 1 I nope M or \ w '+ n l I C � r• . �s O r+ < "� a s (n tD .h O 1 1 fA A M 0 rr TJ G 1 1 fD • to CL I w naaw w 1 o 0 w C. r+ ,.n o Pr I o a v, r. w m 1 w1 � w o � � '+ � b �*CL m CL °` � m O C c °' j ; U r o f 1 o° i o 0 o ti w c� I ot� 000 1 , rr1 0 �-- 00o I Go w m I 3 y 1 I c •C r+ S .- O �-• I I CA0 wa y z z0o 1 @ «- \\ p% \AZ) \ I w r• I fn r+ (p > a \ a a y O t J (0 nil O I (D wr. I y 5• lD r+ r0• I • tTl -"C (DO �C �. 1 � I 1+ y ._ . I , CA O O CL r+ C. r. '+ 3 I I w 1 r LW (AD C• °, C. � z � 7z I OF G 1 cn \\ � \\ I r+ �1 , aaaal (D I I I , 1 , \ O {= O .-. a - (A ) - I tD (D I I , 1 , I 1 I ' , 1 (DID 1 ch 1 GO m I y-to I 00 1 I z . , t a � r oo 1 1 I I I 1 I i K 1 I �•! � 1 N I 1 0 �i I 1 Qt I• 1 ID I(h 1 �� �O r+ fn I rwrt , I (D I C i a co o o 1 1 . � rrnab � ro � roro �In �-• � r� � g x n � • w zrr �] vch om v � v •nrrtn oU N n � zz � � �' m to r ti b tcnn rcnn :i `" cn x cn ° N O A C H 70 U ❑O tTj O lZ7 v ZLn3 70 ro A ` to O M c Cy*1 v •-1 � � 70 � a cn y z In � H 1 I ACh .. Uro - 000 o y ,�302 0 0o i cA 1 � rn000A000 00 1 00 �000000 wwpo8000 �- 2 ,p .- 1 00 .- o i oop00000 v ol000 0l 00000000 om 09 tJ O yy ► %p A NW 10 0 . " 1 ''' I CAtl� CA !hA �DUO E"' v l Wt�lr A N h 1 h I co A ID A 0 0 0 0 r 1 1 A U O �^+ 1 W I G7 WOJOJOO © %0 1 ►- w U A I O A O O 1 .- � OtJ00� 00 0?p O 1000 O 100000000 C�c1 � N 1 ADO O ►+ O 1000 O 1 00000000 r-• 100 O ►+ I I Z 1 1 1 , n I I 1 01000 0 1 0 0 0 0 0 0 0 0 m 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 to I , w l I WU � A COCAO O � C. ; GG O. CJ� UAtOUO _ w 1 CO I CAA ,oA 0000 a D 1 w0� I cr, w0 -10 -_100 + 7• O N O C* 0 0 W oi000 0i 00000000 I I � rJA - 1 -DJ W l W I W �--• W CA J CO.oO0 CO4iy O i OG7 I CA .l � r ChUO IC�1 W I ww I Go In 4.. '10 �D007 ► 1 � � I G7 v� 'A ti W 0 0 O 1 O Orh O I O - OtJtJ00 n � O 7 i O + O i 0 0 0 O � 0 0 0 0 0 0 0 0 • • CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31, 1991 PREPARED: 09/10/91 I. SCHEDULE OF CURRENT MONTH ACTIVITY AND PRIOR YEAR VARIANCES AUGUST ADJUST- NET CURRENT PRIOR DESCRIPTION 1991 MENTS AUGUST YR-TO-DATE YR-TO-DATE VAR. ----------------------------------------------------------------------------------- REVENUE Property Taxes 0 0 0 0 0.0% Sales Tax 162,500 162,500 212,983 207,350 2.7% Bed Tax 0 0 0 0 0.0% Prop. Transfer Tax 0 0 0 0 0.0% Franchise Fees 5,706 5,706 5,706 5,308 7.5% Special Assessments 0 0 0 0 0.0% Business Licenses 2,298 2,298 11,844 10,921 8.5% Building Permits 31,338 31,338 59,284 72,436 -18.2% Motor Vehicle Tax 65.817 65,817 140,321 142,353 -1.4% Cigarette Tax 1,591 1,591 4,086 8,014 -49.0% Other State In-Lieu 0 0 213 225 -5.3% Gas Tax Receipts 0 0 44,963 60,443 -25.6% TDA Receipts 0 0 0 0 0.0% Other Intergov'al 30.526 30.526 34.550 12,785 170.2% Recreation Fees 30,517 30,517 61,157 82,270 -25.7% Zoo Admissions 8:151 8.151 15,431 15,084 2.3% Planning Fees 9,160 9,160 32.602 32.825 -0.7% • Wastewater Fees 0 0 3.934 7,010 -43.9% Development Fees 45,266 45,266 93,283 86,445 7.9% Dial-A-Ride Fares 2,108 2,108 3,869 4.925 -21.4% Police Services 534 534 895 1.011 -11.5% Weed Abatement 0 0 0 0 0.0% Other Fees/Charges 329 329 504 290 73.8° Fines & Forfeits 453 453 987 1.225 -19.4% Interest Earnings 2,262 2,262 3.609 126,764 -97.2; Rentals 266 266 1,075 103 943.7% Proceeds from Sales 0 0 0 2.600 -100.Oo Miscellaneous 5.233 5,233 16.694 2,977 460.8% ----------------------------------------------------------------- TOTALS 404,055 0 404,055 747,990 883,364 -15.3% E\PEND I TURES General Gov't 18.140 0 18.140 39,153 29.663 32.0% Police 177,966 0 177,966 326.238 317,501 2.8% Fire 97,539 0 97,539 196.193 166,685 17.7% Public Works/Eng. 30.780 0 30.780 50,726 39,495 28.4% Wastewater 48,978 0 48,978 '+6,072 59.500 27.97o Dial-A-Ride 15,207 0 15,207 16.279 21,120 -22.90/6 Community Dev'ment 70,443 0 70.443 134.696 120,672 11.6% Recreation 75.876 0 75,876 138,850 123.000 12.9%. Parks & Bldg. Maint 67.072 0 67,072 97.004 75,022 29.3% Zoo 19.920 0 19.920 33,7S9 29,291 15.4% Streets 37.826 0 37.826 60.325 78. 129 -22.80 Admin. Services• 37.578 0 37,578 250.750 336.948 -25.60 Non-Departmental 14,015 0 14,015 65.596 183,071 -64.20 Major Capital 151,958 0 151.958 154.831 266,874 -42.0° Debt Service/Trust 102.241 0 102.241 102,241 0 . 10000% ----------------------------------------------------------------- TOTALS 965.539 0 965,539 1,742,743 1,846,971 -5.67o CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31, 1991 PREPARED: 09/10/91 II. BUDGET-TO-ACTUAL REPORT CURRENT CURRENT COLLECTED PRIOR PRIOR COLL/ DESCRIPTION BUDGET YR-TO-DATE /SPENT BUDGET YR-TO-DATE SPENT REVENUES ---------------------------------------------------- Property Taxes 2,326,500 0 0.0% 2,050,000 0 0.0% Sales Tax 1,900,000 212,983 11.2% 1,850,000 207,350 11.2% Bed Tax 105,000 0 0.0010, 110,000 0 0.0% Prop. Transfer Tax 50,000 0 0.0% 60,000 0 0.0% Franchise Fees 360,000 5,706 1.6% 330,000 5,308 1.6% Special Assessments 151,753 0 0.0% 151,753 0 0.0% Business Licenses 110.000 11,844 10.8% 105,010 10,921 10.4% Building Permits 362,050. 59,284 16.4% 381,575 72,436 19.0% Motor Vehicle Tax 875.000 140,321 16.0% 860,000 142.353 16.6% Cigarette Tax 42,300 4.086 9.7% 35,000 8,014 22.9% Other State In-Lieu 60.900 213 0.3% 60.900 225 0.4% Gas Tax Receipts 416,162 44,963 10.8% 393,100 60,443 15.4% TDA Receipts 482.957 0 0.0% 402.521 0 0.0% Other Intergov'al 403,400 34,550 8.6% 455,700 12,785 2.8% Recreation Fees 330.550 61.157 1S.50,ol 310,850 82.370 26.5% Zoo Admissions 72.500 15,431 21.3% 71.000 15.084 21.27o Planning Fees 286.723 32,602 11.4% 192,612 32.825 17.0% Wastewater Fees 690,200 3.934 0.60 660,2007.010 1.1% • Development Fees 717.000 93,283 13.0% 562,600 86,445 15.40 Dial-A-Ride Fares 36,000 3.869 10.7% 34,000 4,925 14.5% Police Services 6.100 895 14.7% 4.800 1.011 21. 1% Weed Abatement 40.000 0 0.00 30.000 0 0.0% Other Fees/Charges 57.650 504 0.90 31000 290 9.T Fines b Forfeits 82.050 987 1.20 81,550 1.225 1.50 Interest Earnings 452.920 3,609 0.8170 389,150 126,1164 32.60 Rentals 14,000 .1.075 7.70 14,200 103 0.7% Proceeds from Sales 90.000 0 0.00 68.500 2.600 3.80 Miscellaneous 50.000 16.694 33.4% 19,430 2,977 15.30 ----------------------------------------------------------------- TOT.ALS 10,571,715 '47,990 7. 1% 9,687.451 353.364 9. 1% EXPENDITURES General Gov't 318.055 39.153 12.30o' 305.225 29.663 9.7% Police 2,084.000 326.238 15.',0 2,053.313 317.501 15.5% Fire 1.106.300 196.193 17.7% 1.164,492 166,685 14.30 Public Works/Eng. 346,905 50,726 14.6% 389.010 39,495 10.20 Wastewater 808,960 76,072 9.4% 801.585 59.500 7.40 Dial-A-Ride 299,245 16,279 5.40 388.393 21.120 5.40 Community Dev'ment 785.617 134.696 17.10 795.689 120,672 15.2`6 Recreation 514.295 138.850 27.00 553,529 123.000 22.2:0 Parks k Bldg. Maint 537.680 97.004 18.00 521,530 75.022 14.4` Zoo 221.275 33,789 15.30 222.500 29.291 13.20 Streets 635.425 60.325 9.50 606.565 7S. 129 12.9%o Admin. Services 666.335 250.750 37.6% 726.075 336,94S 46.40 Non-Departmental 531,120 65.596 12.40 733.893 183.071 24.9`' • Major Capital 4,846.000 154.S3I 3.20 2,692,453 266,S74 9.90 Debt Service/Trust 216,692 102.241 47.20 741,316 0 0.01 ----------------------------------------------------------------- TOT.ALS 13.917.937 1,742,743 12.5' 12.695.513 1.846.971 14.50 • CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING AUGUST 31, 1991 PREPARED: 09/10/91 I Mark Joseph. do hereby certify that the above information is accurate and reflects the City's financial conditions for the periods specified. However, the information in these reports is unaudited, and may therefore be subject to future re isions. Mark Joseph, i anc Director • • • REPORT TO CITY COUNCIL STAFF REPORT ITEM: B-3 THROUGH: Ray Windsor, City Manager Meeting Date: 9/24/91 File No: TTM 09-91 BY: Henry Engen, Community Development Director SUBJECT: Request to create a five unit residential condominium project at 9286 E1 Bordo Avenue (Steve Boyle/Mastin Land Surveys) RECOMMENDATION: Per the Planning Commission' s recommendation, approve Tentative Tract Map 09-91 based on the Findings and subject to the Conditions of Approval. BACKGROUND: • On September 3, 1991, the Planning Commission conducted a public hearing on the above referenced application. On a 4:0:3 vote, the Commission recommended approval of the request as reflected in the Conditions of Approval. There was brief discussion and public testimony as reflected in the attached minutes excerpt. HE:ps Attachments: Staff Report - September 3, 1991 Minutes Excerpt - September 3, 1991 cc: Steve Boyle Mastin Land Surveys CITY OF ATASCADERO Item: B • 2 • STAFF REPORT FOR: Planning Commission Meeting Date: September 3, 1991 BY:Ao-ug Davidson, Senior Planner File No: TTM 09-91 SUBJECT: To consider a request to create a five unit residential condominium project. RECOM(ENDATION: Staff recommends approval of Tentative Tract Map 09-91 based on the Findings in Attachment D and the Conditions of Approval in Attachment E. SITUATION AND FACTS: 1. Owner. . . . . . . . . . . . . . . . . . . . . . . .Steve Boyle • 2. Representative. . . . . . . . . . . . . . .Mastin Land Surveys 3. Project Address. . . . . . . . . . . . . .9286 E1 Bordo Ave. 4. General Plan Designation. . . . .High Density Multiple Family 5. Zoning District. . . ... . . . . . . . . .RMF/16 6. Site Area. . . . . . . . . . . . . . . . . . . . 0.437 acre 7. Existing Use. . . . . . . . . . . . . . . . .Single Family Residence ' (Multiple Family Dwellings under construction) 8. Environmental Status. . . . . . . . .Negative Declaration posted on July 2, 1990. BACKGROUND: Precise Plan 37-90 became effective on July 2, 1990, establishing the proper development standards for construction of a five unit multiple family project (see Attachment F) . The project consists of four new units (two duplexes) in conjunction with an existing single family residence. Building permits were issued in • compliance with the Precise Plan and the project is now under construction. • ANALYSIS: The proposed project is creation of a five unit condominium project - an arrangement where the units are individually owned and the parking/landscape areas are owned in common. Private agreements (CC&Rs) ensure continued maintenance of these areas. Since this project was approved for construction under the current density and development standards, the improvement requirements of the Condominium Conversion Ordinance are exceeded. Since the project includes the conversion of an existing residence, however, property inspection and pest control reports were submitted for this structure. This building was found to be in good condition and is being remodeled to match the new units. The unit has been vacant for quite some time, thus no tenants will be displaced. CONCLUSIONS: All improvements required for this development will be constructed before occupancy is granted or the final map records, whichever comes first. This is ensured by recommended Condition #10 which states that all Conditions of Precise Plan 37-90 shall be completed before the map is filed with the County Recorder. ATTACHMENTS: Attachment A - Zoning Map Attachment B - General Plan Land Use Map Attachment C - Tentative Tract Map Attachment D - Findings for Approval Attachment E - Conditions of Approval Attachment F - Precise Plan 37-90 • ' ATTACHMENT A TY OF ATASCADERO ZONING MAP �ayscan � _ COMMUNITY DEVELOPMENT TTM 09-91 DEPARTMENT i 6) ' RSF• (POT) 4s 4 r �f v / • / MFr \ / r / C R S K� i �, ATTACHMENT B CITY OF ATASCADERO GENERAL PLAN MAP c,,D _ COMMUNITY DEVELOPMENT TTM 09-91 • � DEPARTMENT i ATA SCADE�O STATE D�P/TAL � y; j` REC. � ,7 FAM _ • IT�. IGH _ D ITY • �• / ` FA IL • : ••• • • • �W D NSITY •� •� • • r LTI• AMILY • , • D U Tl- AMILY E AIL RO MER Y �i s s l ATTACHMENT C ��� CITY OF TENTATIVE TRACT MAP ATASCADERO TTM 09-91 COMMUNITY DEVELOPMENT • DEPARTMENT TENTATIVE TRACT No. 2065 clry or sae alraa�r roam OP A POMW OF LOT I nv $Lott 7 or V\ .4TAS.CAff.":,O ZLOLWr Me. t AM A POMWK OF AL 'OaaO 17XRW JW ! CTff OF LTi/C�TO, O QO lar ST.rS OF CALWORRIA. vfolnny Nap •rt JaaH I' + t0' I.P.N. 030-481-017 OWN= • APPIJCANh i Pdicd A =B- son tau. Obispo. ca. $3400 � I � •as�r m s/S.sr \�, /ti ��� Z re...row. —_ewe • � :i�.�� Q . _ tlMl PL001t AALs to IL L A M N UAff 1 r ��,..�. 8 UNl7 13 WF f UN/T is .'e►w o �C am a: % I I '&I r ....vr..... r a w O i I r,�. i m 4 ' p � 'Turrkri0krDrM•�••N~' a NOTT& repo. urI "Irak' / / ��' 1 w.aA wWp.w Waft stag r As...► LJ Ez1aNn$ S/r.relure � N Rarne�flln� fe N l�orna.� Mora 1 warn)0.0..6.as b.../r-ow/pb(47/1SAI 1 AM••t /aw J 6we$reIt mow$we w Ie..1 M of Alrrere w.sM/w!"14 J Jbed Asper In UM 6 wrM.Ase,A1r..,.ay Oa Abs' Ia�b.."AaYa,J.W • ATTACSMENT D - Findings for Approval Tentative Tract Map 09-91 9286 E1 Bordo Ave. (Boyle/Mastin Land Surveys) September 3, 1991 ENVIRONMENTAL FINDING: The proposed project will not have a significant impact on the environment. The Negative Declaration previously prepared for the project is adequate. MAP FINDINGS: 1. The proposed map is consistent with the applicable General or Specific Plan. 2. The design and/or improvements of the proposed subdivision is consistent with the applicable General or Specific Plan. 3. The site is physically suitable for the proposed type of development. • 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision, as conditioned, and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The design of the subdivision and/or the type of proposed improvements will not cause serious health problems. CONDOMINIUM CONVERSION FINDINGS: 1. All provisions of the Condominium Conversion regulations have been met or will be met; 2. The proposed conversion is consistent with the General Plan; 3. There exists adequate facts to support the findings required • under the Subdivision Map Act (see above) ; 4. The proposed conversion of one unit will not displace a significant number of low-income or moderate-income households or senior citizens at a time when no equivalent housing is readily available in the City. i • ATTACHMENT E - Conditions of Approval Tentative Tract Map 09-91 9286 E1 Bordo Ave. (Boyle/Mastin Land Surveys) September 3, 1991 CONDITIONS OF APPROVAL: Engineering Division Conditions 1. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 2. The common and landscaped areas shall be labeled as Lot 1 and shall be designated as a public utility easement (P.U.E. ) . A six foot P.U.E. shall also be granted along the entire property frontage. 3. The applicant shall offer to dedicate to the public for public road purposes the following section of E1 Bordo Ave: 25 feet from centerline of the right-of-way to property line along the entire property frontage. • 4. These offers of dedication shall be recorded prior to or in conjunction with the recording of the map. 5. A backflow prevention device shall be installed at each unit. Building - Division Conditions 6. A one hour fire wall shall be provided between each unit. 7. The project, including the existing residence, shall conform to all Uniform Building Code requirements and correct any deficiencies uncovered by the property condition report. Planning Division Conditions 8. The provision of gas, electricity, and water within each unit shall be separately metered with circuit breakers and shutoff valves for each unit. 9. A note shall be placed on the final map stating the existence of the pest control and property inspection reports for the existing residence. 10. All improvement requirements and Conditions of Precise Plan t 37-90 shall be completed before the Tract Map records. 11. The applicant shall establish Covenants, Conditions, and Restrictions (CC&Rs) for the regulation of land use, control of nuisances, and architectural control of the site and buildings. a. These CC&Rs shall be submitted for review and approval to the Community Development Department prior to approval of the final map. b. These CC&Rs shall be administered by a Condominium Owners Association. C. CC&Rs shall contain maintenance provisions for all on- site sewer and drainage facilities. 12. All conditions herein shall be completed prior to recording the map. 13. A final map drawn in substantial conformance with the approved tentative map and compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City Lot • Division Ordinance prior to recordation. a. Monuments shall be set at all new property corners created by a registered civil engineer or licensed land surveyor as required by the Land Surveyor's Act and the Subdivision Map Act. Monuments set within any road right-of-way shall conform to City standard M-1. b. Pursuant to Section 66497 of the Subdivision Map Act the engineer or surveyor shall notify the City Engineer in writing that the monuments have been set. c. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. d. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 14. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. ATTACHMENT F TTM 09-91 ADMINISTRATION SUILDINO • SDC PALMA AVENUE taseadelc® ATASCAOERO.CALIFORNIA 93422 POLICE DEPARTMENT PHONE88 : (605) 4 .8000 INCORPORATED JULY 2. 1979 6300 PALMA AVENUE ATASCAOERO.CALIFORNIA 93422 CITY COUNCIL CITY CLERK PHONE: (SCSI 466.6{00 CITY TREASURER r CITY MANAGER ADMINISTRATIVE SERVICES OQARTMENT FIRE DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT 6005 LEWIS AVENUE PUBLIC WORKS DEPARTMENT ATASCAOERO.CALIFORNIA 91422 PARKS AND RECREATION DEPARTMENT PHONE: (8051 466.2141 Jure 11, 1990 Jef:Z: Dillon P.O. Box 15339 San Luis Obispo, CA 93406 RE: PRECISE PLAN 37-90 9286 El Bordo Ave. Dear Mr. Dillon: The Citv of Atascadero has received and reviewed your application for a Precise Plan and Environmental Determination for the construction of a five (5) unit multiple family project, each unit containing two-bedrooms. The proposed site is zoned RMF/16 (Residential Multiple Family High Density) and the proposed use is allowed as defined as a multiple family dwellings (Section 9-3. 172 (9) . The surrounding properties are zoned the same as the subject site and currently developed with high density residential uses, with the exception of property to the east, which is zoned CR (Commercial Retail) . A review by the Community Development Director of the environmental description form and application, along with other background information, shows that the project will have no detrimental effect upon the environment; therefore, a Negative Declaration has been prepared. The Director has also found the project, as conditioned, to be in compliance with the provisions of the Zoning Ordinance. The proposed Precise Plan is approved as shown on attached Exhibit B (site plan) , Exhibit-C (grading plan) , Exhibit E (Elevations) and subject to the conditions of approval in Exhibit G. Final approval becomes Is on July 2, 1990, in appealed. (NOTE: THIS DOES NOT CONSTITUTE A GRADING OR BUILDING • PERMIT. ) In the event you intend to appeal any of the conditions, your appeal should be in writing and should state the reasons for the appeal. Any appeal would be scheduled for Planning Commission consideration as a public hearing. You should, however, discuss any objections to the conditions with planning staff as it may be possible to alter conditions after such discussion. If you should have any questions concerning this project, you are welcome to contact the Community Development Department for assistance. Sincerely, j Doug g avidson Senior Planner DD/dd cc: Steve Hoyle Atta - chments: Exhibit A Zoning Map Exhibit 9 - Site Plan Exhibit C - Grading Plan Exhibit D - Landscaping Plan Exhibit E - Elevations Exhibit F - Findings for Approval Exhibit G - Conditions of Approval - � CITY OF ATASCADERO :HIBIT A LOCATION?ZONING MAP COMMUNITY DEVELOPMENT PRECISE 'PLAN 37-90 • DEPARTMENT (P07) A. r� 41 S I rE R C S �a NFi F all N ( i i ° •K R�-S R RS \ � i �� i E :HIBIT B ren CITY OF ATASCADERO SITE PLAN Nit °' t COMMUNITY DEVELOPMENT PRECISE PLAN 37-90 DEPARTMENT SNEFTINOEX Y �—• • it rhe� •�r/r._ •��1.�. A6-/ .� LEGAL DESCRtPT1ON q - ---- EL BORDO AVE •'� •�•""'•• ••••"' CONOOWN IMS �� w.r►.r nn.•n... -TA ;."'Of ',".n.wr•.r �RD�Iltf0IlMATfON ATA A ro I% AVC } � w Of rr.ww. ATAlG0010�CA. STEM MU mow. �'(i..�.: •2:` PLM • .fir w FF - VICMA Mp. y \t r � J I STR PLAN t t "HIBIT C ft CITY OF ATASCADERO GRADING/DRAINAGE PLAN COMMUNITY DEVELOPMENT PRECISE PLAN 37-90 DEPARTMENT •'r•y..w iMm a � �1►kr�.Ip C/tA Mlflr¢11bJLTIt�MIOIl � !1�t/r.nnl.rNvy,4 M Mp+1�!�}M► i M 090,=WM oarW-W4n M •.tf/N ' I MliOwr rwN FlwlA v)It e10N � f Y+�rlbw)•.rw I a \, ! El BOR00 AYE \ • /` j CONOOI amums 92"EIS BOMO AV! ATASCACEAO.CA. It Poe com 11I Ll1IM YrrR�SII.� I . tiYT ',. �W�Armor Ar wR 'N9P�l�• MY 'fr 2 I 0 �_ ff CITY OF ATASCADERO dHIBIT D LANDSCAPE PLAN COMMUNITY DEVELOPMENT DEPARTMENT PRECISE PLAN 37-90 PLANT LIST Y U� w_M Ma1YnY RW Y Y *"il/Tt1�•M iM • f..rt�wr �Ot.r YryA�t O w r rad to...w.ws .arr. yww wwrMs r A • aw rr m-am wr--r wwr ww�s r w� .r rwrws wt M� �► wt: r.K - rrr ww.t� rrr nw 1 yP.e dt nwp Fr r w� ur +roawr IL m C0AVL �.".*� OOIpOMMUIIs �TINO�OrIq G Yl�M. M W �t.r ��i►M��iIILj LAIpCAP!PLANA • f :HIBIT E CITY OF ATASCADERO ELEVATIONS COMMUNITY DEVELOPMENT PRECISE PLAN 37-90 • DEPARTMENT rTO""NOU BUM ra ALL COLON oil _ EL BOROO AVE. 1 EAST — B>•a.. _ — CONDOININW" F- J" i an BL 80100 AVB. ATA OM i 1 G1Gi�YV,1i • _- -w�S ter\ NEW BUILDING E MATIONS 1 NOITTN Mrd .. ..• 1 SOUTH n.Ir _ s.r.• - — s • r Exhibit F - Findings for Approval • Precise Plan 37-90 9286 El Bordo Ave. (Boyle/Dillon) 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the same capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed project is ih compliance with the City' s Appearance Review Guidelines. EXHIBIT G - Conditions of Approval Precise Plan 37-90 9286 E1 Bordo Ave. (Boyle/Dillon) CONDITIONS OF APPROVAL 1. All construction shall be _z conformance with Exhibit B (Site Plan) , Exhibit G (Conditions of Approval) , and shall comply with all City Codes and Ordinances. Any modification to this approval requires approval by the Community Development Department prior to implementing any changes. 2. Plot plan shall show all proposed utility locations. All relocation and/or alteration of existing utilities shall be the responsibility of the developer. 3. Grading and drainage plans, prepared by a registered Civil Engineer, shall be resubmitted to the Community Development Department for review and approval by the Community Development and Public Works Departments prior to the • issuance of any building permits. The proposed drainage plan shall -be modified to include porous or open pavers in the driveway and smaller detention basins scattered throughout the site. This will dissipate the water flow and avoid the accumulation of up to 18" of water at the rear of the site. 4. Developer shall obtain an encroachment from the City of Atascadero prior to construction of improvements in the public right-of-way. Developer shall also sign an inspection agreement guaranteeing that the work will be done in conformance with approved plans and that inspection fees shall be paid. All work required by the encroachment permit shall be completed prior to final building inspection. 5. Road improvement plans prepared by a Registered Civil Engineer for E1 Bordo Ave. shall be submitted to the Community Development Department for review and approval by the Community Development and Public Works Departments, prior to issuance of any building permit. Plans shall include, but not be limited to: City standard curb, gutter, five (5) foot sidewalk, and paveout to match the existing improvements to the east of the project along E1 Bordo Ave. Construction of the public road improvements shall be completed prior to the final is inspection. 1 6. All public improvements shall be covered with a 100 percent Performance Bond until construction is approved and a 10 percent Maintenance Bond until one year after construction approval. 7. Adequate turning radius and turn-around area for Fire Department vehicles shall be provided as determined by the Fire Chief. The installation of an automatic fire sprinkler system in each new unit may satisfy this requirement. 8. All mechanical equipment (roof or ground mounted) shall be screened from public view. 9. Landscape plans shall be resubmitted to and approved by the Planning Division prior to issuance of building permits. These plans shall incorporate the recommendations of the certified arborist regarding tree protection, removal, and replacement. A letter is required from the arborist stating that the tree protection is in place prior to issuance of building permits. 10. Exterior lighting shall be shown on building plans and must be directed away from adjacent property. 11. Trash enclosure shall be relocated to within 100 feet of each unit (cannot be located in front 25 feet setback) . 12 . A handicapped parking stall must be provided on site - minimum dimensions are 14 ' X 181 . 13. This Precise Plan shall expire one year from the date of final approval (July 2, 1990). A one year time extension may be granted pursuant to a written request filed prior to the expiration date as per Section (9-2. 118) of the Zoning Ordinance. Any further one year time extensions may be approved by the Planning Commission. 2 PC 9/3/91 MINUTES EXCERPT the future classrooms are proposed, however, the original parking lot design (Attachment D - Exhibit B) , including 10% landscaping, shall be required. ' The motion carried 3:1:3 with the following roll call: AYES: Commissioners Johnson, Lochridge, and Chairperson Luna NOES: Commissioner Highland ABSENT: Commissioners Hanauer, Kudlac, and Waage 2. TENTATIVE TRACT MAP 09-91: Application filed by Steve Boyle" (Mastin Land Surveys) to subdivide one lot into five airspace condominiums and a common area. Subject site is located at 9286 E1 Bordo Avenue. • Mr. Davidson presented the staff report on this request; staff is recommending approval subject to 14 conditions. Steve Boyle, applicant, indicated his concurrence with the recommendation. He noted that the work which has been done on the house conversion exceeds that which is required of the condominium conversion ordinance. MOTION: By Commissioner Highland, seconded by Chairperson Luna and carried 4:0 to approve Tentative Tract Map 09-91 subject to the Findings and Conditions of Approval contained in the staff report. 3. TENTATIVE PARCEL MAP 07-91: Application filed by Don Plotkin (Twin Cities Engineer- ing) to subdivide an existing one-acre lot into two (2) parcels, each with a net area of approximately 21,500 square feet. Subject site is located at 9120 Atascadero Avenue. Gary Kaiser presented the staff report noting staff recommen- dation to approve the parcel map subject to 16 conditions. Commission questions and discussion followed. REPORT TO CITY COUNCIL CITY OF ATASCADERO AGENDA ITEM: B-4 Through: Ray Windsor, City Manager Mtg. Date: 9/24/91 From: Henry Engen, Community Dev. Directory File No: TTM 39-87 SUBJECT: Time extension for Tentative Parcel Map 39-87 (request to allow a reconfiguration of 6 lots into 6 residential and 1 open space lot at 9240 Vista Bonita [in conjunction with Zone Change 15-87] ) - Michael Frederick/Cuesta Engineering RECOMMODATION : Per the Planning Commission' s recommendation; approval of a one year time extension for Tentative Tract Map 39-87. BACKGROUND: On September 3, 1991, the Planning Commission reviewed the applicant' s request for a time extension on its consent calendar. On a 4: 0: 3 vote, the Commission recommended approval of a one year time extension to July 26, 1992. HE:ps Attachment: Staff Report - September 3, 1991 cc: Michael Frederick Cuesta Engineering ITEM; A. 3 MEMORANDUM TO: Planning Commission FROM: •Doug Davidson, Senior Planner RE: Tentative Tract Map 39-87 - Frederick/Cuesta Engineering DATE: September 3, 1991 The above referenced map was originally approved by the Planning Commission on June 7, 1988 and subsequently approved by the City Council on July 26, 1988. Several hearings were involved in the approval process, resulting in the final conditions as approved on July 26, 1988. A one year time extension was granted in November, 1990, extending the approval date to July 26, 1991. This second request for a time extension is to allow the applicant additional time to satisfy the Conditions of Approval. The applicant' s representative (Cuesta Engineering) is currently addressing the substantial improvement requirements in the final map check process. Coordinating these improvements with the neighboring Spanish Ridge development (Tract 1488) is also being undertaken. Since a continual effort is being made toward completion of .the project, the map should be extended for one year. Staff hopes that this map, as well as the adjacent Tract 1488, are recorded this year. The applicant has the right, however, to request one final time extension under the time limits established by the Subdivision Map Act. RECOMMENDATION: Staff recommends approval of a one year time extension for Tentative Tract Map 39-87, extending the approval date to July 26, 1992. Attachments: 1. Request for Extension 2. Staff Report CUESTA ENGINEERING 6717 Morro Road Atascadero,CA 93422 (805)466-6827 June 26 , 1991 JUL 2 8 1991 COMMUNITY OEVELGPMENT Doug Davidson Planning Department City of Atascadero 6500 Palma Atascadero , CA 93422 SUBJECT: Time Extension Tentative Tract - 39-87 9240 Vista Bonita DouG , As representative cL Michael Fr_derick , I hereby request consideration of a time e_,ctention of the subject Tentative Map Approval . Attached is the required Lee of 5330 . if you have any qu_stions , please call :-,,e at 466-6827 . Sincerely, John Falkenstien, P .E . Attachm=ent •pl 89-079 3a v� 3 UAM M E M O R A N D U M TO: City Council July 26, 1988 VIA: William Hanley, Interim City Manager FROM: Henry Engen, Community Development DirectorrK� SUBJECT: ZONE CHANGE 15-87/TENTATIVE TRACT MAP 39-87 LOCATION: 9240 Vista Bonita APPLICANT: Mike Fredericks (Mike Yeomans) REQUEST: To revise the existing RSF-Z and RSF-Y (Residential Single Family) Zoning to RSF-Z (PD-7 ) and RSF-Y (PD-7 ) (Residential Single Family Planned Develop- ment Overlay) and approve a reconfiguration of six (6) lots into six (6) residential and one open- space lot, and to abandon a portion of Vista Bonita Road. (Continued from July 12, 1988 meeting. ) BACKGROUND: At the Council' s July 12th meeting, this matter was considered in public hearing and continued to the meeting of July 26, 1988 to allow further time to study the planned development. Staff was also directed to tighten up the landscaping guarantee, which was done with a revision to Condition No. 25 relative to bonding to include the following language: "To include landscaping and erosion control . " RECOMMENDATION: 1 . Approval of Zone Change 15-87 by approval of attached ordi- nance No. 180 by reading by title only and approving attached Ordinance No. 180 on first reading. 2 . Approval of Tentative Tract Map 39-87 subject to the find- ings of Exhibit I (May 17 , 1988) and conditions of approval of Exhibit J (Revised July 26, 1988 - City Council) . HE:ph Attachments : Exhibit J - Revised 7/26/88 City Council Staff Report - July 12, 1988 ordinance No. 180 cc: Mike Yeomans Mike Fredericks EXHIBIT J - Conditions of Approval Tentative Tract Map 39-87 (es$) X962- 9240 Vista Bonita Yeomans/Fredericks (Revised July 26, 1988 City Council) CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. All lots shall be connected to the Public Sewer. All annexation permit fees shall be paid prior to the recording of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5. Sewer improvement plans shall be submitted for review and approval by the Public Works Department prior to the recording of the final map. 6. Grading, and Drainage plans, prepared by a registered Civil Engineer shall be submitted to and for review and approval by, the Community Development and Public Works Departments prior to the issuance of any building permits or the recording of the final map. 7. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit. 8. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall appear on the Final Map. 9. The subdivider shall install all street signs, traffic delineation devices, warning and regulatory signs, guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public works standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and minor modifications prior to approval of construction. 10. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development and Public Works Departments for review and approval, prior to the construction of the improvements, or prior to recording of the final map, or prior to the issuance of any building permit, which ever comes first. Plans shall include, but not limited to : a. Vista Bonita: Design shall conform to design of improvements being prepared for Tract 1562 (Spanish Ridge) being prepared in connection with proposed development. Plans shall include a minimum paved section of 20 '-0" and approved fire code turn around. Design shall include measures to save and preserve trees within the right-of-way, as approved by the Community Development and Public Works Departments. 11. Public Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. The plans shall include needed fire suppression improvements as determined by the Fire Department. Water main design shall be reviewed and pressure booster pump may be required if water pressure is found to be inadequate for fire protection. Design and location of improvements shall be approved prior to the recording of the final map. 12. Prior to the approval of the improvement plans by the Director of Public Works, either the Subdivider shall acquire sufficient title or interest in the off-site land to allow the improvements to be made as required by these conditions: or the City Council, upon request by and at the expense of the subdivider, shall have made all appropriate findings and adopted Resolution of Necessity as required by law so that the City may exercise its power of Eminent Domain. 13. Drainage Facilities shall be constructed to City of Atascadero Standards. 14. The Subdivider shall provide drainage easements and/or drainage releases from the points of concentration of stormwater leaving the project boundary through adjoining properties to the nearest natural watercourses as approved by the Public Works Department if applicable. 15. All lot grading and drainage improvements shall require written certification by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. 16. All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to the final building inspection, said engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 17. A Drainage Maintenance Agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed on the final map. 18. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Vista Bonita Minimum Width: 10 '-0" from the center of Right-of-Way along property frontage. 19. Offer for dedication to the Public for Public Utility Easements all access easements. 20. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 21. Prior to the recording of the final map, a soils investigation ( as required by the Subdivision Map Act) shall be submitted, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, The name of the Engineer making the report, and the location where the reports ars on file shall be noted on the final map. 22. The applicant shall establish Covenants, Conditions and Restrictions (CC&Rs) for the regulation of land use,control of nuisances, architectural control of all buildings, on site & off site improvements driveway and landscape maintenance. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Department prior to the recording of the final map. The CC&Rs shall implement the development standards set forth in the approved Planned Development Overlay Zoning (Zone Change 15-87) . 23. Zone Change ZC: 15-87 shall be approved and in effect prior to the recording of the final map. 24. Provide Sewer Main Extension Plan acceptable to the Director of Public Works. Main extension shall be thur Golf Course or Las Lomas to Pino Solo. Easement thur Golf Course, if this alternative is selected, shall be recorded prior to recording final map. 25. The applicant shall enter into an agreement for on-site and off-site improvements prior to the recording of the final map. Applicant shall submit separate bonds for the off- site and on-site improvements (to include landscaping & erosion control) , terms and amounts to be acceptable to the Community Development Director and the Director of Public Works. 26. No building permits for residential construction shall be issued until the on-site and off-site improvements are completed to the satisfaction of the Community Development Director and the Director of Public Works. 27. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be • submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 28. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/j m :f M O RAND T774 .C . .iry council Ju_y 'J-.t: jianye7". ln,t9rLm C1tya3q e r .P CX iienry Engen, Communi`.i DJ'. =icpment Dir�c�or SUBJECT: ZONE CHANGE 15-37/TENTATIVE TRACT ?IAP 39-87 7 OCATICIN: 9240 Vista Bonita AFFL7CANT -.s (�rJ ke Yeomans O SUES". To revs i _c:e ex--sting .. ,_ -.. and 7-'? F amil.. Zoning t,- R3-Z . ?^-7 i - J L'C •?7 :t 'ver_ a�i an- appr0 a L __ :I1L -_�"rat_'.. _Lts _.._: spa ( __side tz_ 3o:._ta ..:ate. BAC_;:JR0UND Cn May :7 , and June - . '3. th? �.t• s -de s Ja' _ �1 i._ :mnissii Oi1G:. _o_ _ . _- . ae x ::e Commis Tract :�I= '- -3 S'ab��c : whc11 ___'M c'-:v-sior. LordJ__.._ 7 � _4331 and appro'ia_ oz, Zone Z:-znge 15-37 . was d_s- ='_;3. _'::. _ :_ �`=Ve to the differencebet- e � -he r� : Sed -onditl' ns alid Ori ----alpi—pos'=d by staff RECOMMENDATICN: Appr'.:va: o= Zcne C::ange 1F-3, !Dy ll, of- 30 . J v :y.11 Read br 7 a`tac ed 0r__.:3n,ce Approval Of TTM 39- .7 subjto the =indilgs of 7xhJ I *: av S S and z:C:d==i C_ app=Qva? ..:::iiai_ A-Za.--,iient5 : �t3�� :icrCrt - Ma! =_ror= - Ju1.= =338 _pt - Jun= 7 1333 yid-:land i'C� . _aO CC : P1ike Yeomans Mike Fredericks { ITEM M E M O R A N D U M DATE : June 7, 1988 TO : Planning Commission FROM : Joel Moses, Associate Planner SUBJECT : Zone Change 15-87 & Tentative Map 39-87 On May 17th the Planning Commission held a public hearing on the proposed project. The Planning Commission received a set of proposed revised condition for the tentative map from the applicant. The conditions allowed for the bonding of improvements rather than requiring installation of the improvements before recording of the map. The Commission requested that staff review the proposed conditions and prepare revised conditions allowing for bonding for improvements. Attached please find the original staff report (Exhibit A) , the applicants proposed revised conditions (Exhibit B) , and staff prepared conditions (Exhibit C) . Staff still recommends approval subject to the original conditions. JM/jm r � EXHIBIT A City of Atascadero Item B - 1 • STAFF RF"RT FOR: Planning Commission Meeting Date: May 17, 1988 BY: Joel Moses, Associate Planne r File No: ZC 15-87 TM 39-87 SUBJECT: Zone Change 15-87 and Tentative Map 39-87 to revise the existing RSF-Z & RSF-Y (Residential Single Family) zoning to RSF-Z (PD-7) & RSF-Y (PD-7) (Residential Single Family Planned Development Overlay) and approve a reconfiguration of 6 lots into 6 residential and one openspace lot. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . .Mike Fredericks 2. Representative. . . . . . . . . . . .Mike Yeomans 3. Project Address. . . . . . . . . . . 9240 Vista Bonita 4. Site• Area. . . . . . . . . . . . . . . . . 6. 32 acres 5 . Zoning. . . . . . . . . . . . . . . . . . RSF-Y (Residential Single Family) and RSF-Z (Residential Single Family) 6. Existing Use. . . . . . . . . . . . .Vacant 7. General Plan . . . . . . . . . . . . .Low Density Single Family and Moderate Density Single Family 8. Environmental Status. . . . . .Negative Declaration Posted April 21, 1988 B. ANALYSIS: The 6. 32 acre site is made up of 6 existing undeveloped parcels. The site is divided into two zoning designations: RSF-Y and RSF- Z. The lots were previously annexed to the Sewer District and can be provided with sewer service. The four existing lots within the RSF-Z designated area are all below the minimum 2 1/2 acre minimum lot size. The two remaining lots in the RSF-Y, if provided with sewer, would now meet the minimum 1 acre lot size. All of the lots are considered legal lots and may be developed with single family residences even though they do not meet the minimum lot size of the Zoning Ordinance or density standards of the General Plan. If the current development standards are followed, the existing 6 lots can be developed with single family residences. Any development on the top of Chalk Mountain will have several effects on the community and the adjoining areas. Most noticeable will be the visual impact of development. The site is visible far up and down Highway 101. The mountain is also a landmark within and outside the City denoting the entrance to Atascadero. Other impacts will also occur from development not so directly noticeable. The establishment of residential units will also generate impacts attributed to the new residential units. Such items as traffic, runoff, and public service will be impacted. Any development will require the installation of new utility lines, access roads , and other public improvements. These impacts all can be addressed and reduced with proper planning and coordination. The development of the mountain top will have to take into consideration the inherent problems with a development that is on a mountain top. The area is physically higher than the existing water tank. To provide water for the area for residential and fire suppression, booster pump will be needed. Sewer service lines providing service to the site will be connected to a new service line being designed to expand service to the golf course. Soils will also have to be considered as a problem for any new . development. The amount of grading and soil stabilization will ® be determined by the individual site developmentplans. These problems can be overcome with a coordinated approach to the development of the area. This type of planning could reduce the potential for an uncoordinated approach to development that could be costly and detrimental to the community. Any development of the site, will create a visual impact far beyond the. site. The sites location, on top of Chalk Mountain is central to the applicant' s proposal. The applicant proposes to reconfigure the existing lots into a more compact design. The concentration of the developed area is an effort to reduce the impacts that could occur with a development following the existing lot configuration. The Zoning Ordinance provides a process to modify the development standards of the Zoning Ordinance when deemed necessary to promote orderly and harmonious development and to enhance the opportunity to best utilize special characteristics of an area. The Planned Development Overlay can be used for four things ; to modify development and special use development standards , to modify the processing procedures, to establish additional development standards or processing requirements, or to modify the minimum lot size or density standards . The applicant proposes to modify the development standards and the minimum lot sizes established for the site. The development statement notes that if the existing lots were developed, a significant amount of grading would be required for the existing road alignment development. Additional grading ' f f would be needed for the individual lots. The proposal would concentrate the development in one area reducing the potential for such extensive grading on the hillside. Other items such as utilities, road improvements and other public improvements could also be reduced. The impacts of the development on existing facilities would be the same under both types of development. No change in density will occur; only a change in the development standards for the site. The development proposes to address the problem of visual impacts by trying to reduce the intrusion of the project by concentrating the development and providing a large permanent openspace. The reconfigure six residential lots would range in size from 9, 132 to 7, 260 square feet. The remaining 5. 18 acres area below and to the west will be retained in a permanent openspace easement. The proposed grading has been contoured to minimize the effect on the natural topography of the site. The proposed residences have been recessed into the ridge line to render them less obtrusive. The site has been planned as one unit to be developed in a uniform, unobtrusive manor, with Architectural guidelines. The Architectural guidelines will cover building height, architecture and building envelope. Also proposed is a set of landscaping development standards that would require the use of native vegetation areas to be developed. Screened discretionary yard areas are provided but would not intrude on the natural appearance of the mountain. The development will not be served with the typical developed street. The relocation of Vista Bonita will reduce some of the potential impacts. The relocation will bring the road to the south side of the development. A realignment across adjoining property will be needed. A letter has been received from the Atascadero Mutual Water Company agreeing with the use of their property for the realignment. The road is proposed to be constructed to Private road standards (20 '-0" paved surface) . This will not provide for normal on-street parking. The development would meet the normal requirements of 2 parking stalls per unit, however. Additional parking has been provided with three perpendicular spaces and two stalls at the end of the access road. Additional tandem parking stalls (not counted as required parking) have been provided. This would bring the total parking provided to 29 stalls for six residences. Comments were received from several outside agencies. Our Fire Department has noted the need for appropriate fire suppression facilities. These facilities will include the development of a turn around that has been incorporated into the design. The sprinklering of the individual units has been required and the developer has agreed. The water lines will also need a pressure booster pump to assure proper water pressure to the residences. The Building Division noted concern about the soils on the site and has reviewed the soils report provided by the developer. Some questions remain that will be worked out at the time of development. Existing codes and standards will need to be l � followed during the development of the site. The Southern California Gas Company has noted that the site can be served by existing mains in Las Lomas and E1 Bordo Roads. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements. The Atascadero Mutual Water Company has noted no problem with the road realignment subject two conditions; the first requiring a 30'-0" clearance from the water tank to the proposed road, and on site fencing of the tank after the completion of the road. The site will also require the water buster pumps to serve the site. The applicant and the Water Company are in contact working out the details of the work to be done. Pacific Gas and Electric noted that facilities will have to be extended to the site. The State of California Department of Transportation has responded noting potential impact on the congestion along South E1 Camino Real. The staff is recommending that the improvements, access road, utilities and grading be done prior to the recordation of the proposed map. In some situations the option of bonding is provided. Staff feels that the whole process is centered around the coordinated development of the site and all improvements should be done prior to the recordation of the final map. In summary the development proposes an option to the potential development of the top of the mountain under current development standards that could be detrimental to the community. The proposed rezoning and development will reduced the impacts that would occur without a planned and coordinated approach to the development of the area. The coordinated development will also make the development of needed improvements more cost effective. Staff has considered the potential for maintaining the site as openspace, however the current General Plan does not address the issue. C. RECOMMENDATION: Staff recommends approval of Zone Change 15-87 based on the Findings in Exhibit H (Draft Ordinance) , establishing the Master Plan for Develpment as shown in Exhibit B to E, and the conditional approval of Tentative Map 9-87 base on the Findings and Conditions of Approval in Exhibity I and Exhibit J. JM/jm ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Earthwork Plan Exhibit D - Grading Plan Exhibit E - Landscape Plan Exhibit F - Sections Exhibit G - Developers Statement Exhibit H - Draft Ordinance Exhibit I - Findings for Approval (Tentative Map) Exhibit J - Conditions of Approval (Tentative Map) i 1 EXHIBIT A - LOCATION MAP N CITY OF ATASCA DERO 9240 vista Bonita D � " f Zone Change 15-87 COMMUNITY D E L'E L U P NI E N T Yeomans Fredericks DEPARTMENT R F•Z SITE: VISTA BONITA Tent Map 39-87 MF-4 g) ZC 15-87 Yeomans Fredericks Cent. Coast Eng. -'R FCL es. R SF' (P07) fit \ \ i 1o� '1'o p yam. eel i \ J i 2 � o CT CR CT- 1 T �i CS ' 1�EAO �� ►� ^ �/ I !T �r EXHIBIT B -TENTATIVE MAP CITY OF ATASCADERO 9240 Vista Bonita lip 0 Zone Change 15-87 CAD COMMUNITY DEVELOPMENT Yeomans/Fredericks DEPARTMENT 161 Y - TRACT 1562 / \ TENTATIVE MAP _'f •�\ CHALK MOUNTAIN,A[A$CAOERO �-.- _. I - ."roti C`1\ •jt LOT e - •:.: \ �;:.�. `}, �. �. NORTH L :.. t .•I. ..N+ w.ti,� , `� , :- LOT S OTs 1 OF 5 — LOT' oTx+ .... LOT t „,_. i:. .,.. `" •• LOT 7_ OPEN i \ { 7' I f RACT 1562 `:• �—+. �-1-200' -VUNITV MAP . �, �� EXHIBIT C - EARTHWORKS P ,R' :.. . CITY OF ATASCADERO 9240 vista Bonita r'"'•"•� '' ' '•;�•-� Zone Change 15-87 ' .sc+n1 COMMUNITY DEVELOPMENT Yeomans/Fredericks DEPARTMENT ARCHITECTURAL CONTROLS TRACT 1562 EARTHWORK MASTER PLAN / •"""'•.�"�'�-� �� _ CHALK MOUNTAIN.ATASCAOERO NORTH . tt I � rw 1 \\ �m space- � Y�—�r //i; ,Jam', / ���y� � � -\ �•� «.a..�.w n..�yn,;�, T LOT 6 ot LOT 4 LOT TipTacs �' JY ^► y LOT � 9 t� op �\ °fir .�' n \,.� ,�.�\ �;• / =r../! LOT t y I I 1 I �' ii. �ll� x'1'1 �I) "J/ )I EXHIBIT D - GRADING PLAN .. � CITY OF ATA 9240 vista SCADERO Bonita rs „7 1 t•:.-7 Zone Change 15-87 • ,,�scw COMMUNITY DEVELOPMENT Yeomans/Fredericks `f DEPARTMENT REvEGETATION&EROSION CONTROL NOTES TRACT 1562 ROUGH GRADING 1 CNALK MOUNTAIN,ATASCADERO ,.,r..._..._...� NORTH® AMM I _ ..r........ju..� deo-...® - I p,a�lem�rYl d-.ru Aires?• ' 3 OF 5 W.rrnd �'l.0 l��._ - •.\. r�Ma.e �wY dray \l� Y+.�d�..•.dww��d��rMM���ddiddiww _ ! fire,satin � •\ �\ �-�`-'r���•i�� ' :h�dar..wacdArr:.iow \\��\rt \����.1\\�: _ �+ay,,i Y' �• � 13 1 roeco irtprW'etnenls_�1� ���. .�� � < < a ),� t• \I Q til l •,..,,_ ,(ate` < 4 � � •_�� EXHIBIT E - LANDSCAPE PL CITY OF ATASCADERO 9240 Vista Bonita r���:,1„! . 10-7 Zone Change 15-87 `s scanF�. COMMUNITY DEVELOPMENT Yeomans/Fredericks 410, DEPARTMENT j . APPROVED PLANT U=T FOR LOT LANDSCAPE TRACT 1562 i - LANDSCAPE STANDARDS i1 CHALK MOUNTAIN.ATASCADEROO jlI I ., �........... . NORTH • �• r 1 4OF5 _ _discretionary rud weak �.� •R. \ Ire safely IIYMe/n Iree fllrl0( ad p«n a wan.p a .tion zona Mock i .l � EXHIBIT F - SECTIONS �! y CITY OF O loin.'Ile ^�r r�� SCADER 9240 Vista Bonita 1, ►scwl`� :i— COMMUNITY DEVELOPMENTZone Change 15-87 DEPARTMENT Yeomans/Fredericks TRACT 1562 -----� _ _ SITE CROSS SECTIONS CHALK MOUNTAIN.ATASCAD�E�RO � � -"�/.w....... '�� /� ��` "s'�-,.a*�t•R,Ty-1��. NORTH irede>. riW wd_e_.wir_u.�r+r��W� SECTION'U'AT 1"10 SOUTH ELEVATION t":100' "—ts_—�„_,,,,,,,,._•� 50F5 ,. ........ emulaig grade _ woDOsad grade SECTION A 1":20' emalelg grade evaleg grade ' �..�,, r-' ,'A � X11 1. --{��_-` ww.auror. •s.u�rwar���J� ___—____ � `� 11 •_- Plupoaed grade proposed grade SECTION 8 I".20' SECTION C 1":20' - I , EXHIBIT G - DEVELOPMENT ,1; • • ;� CITY OF ATASCADERO 9240 vista Bonita Zone Change 15- 7 COMMUNITY DEVELOPMENT Yeomans/Fredericks DEPARTMENT RECEIVED SUPPLEMENTAL DEVELOPMENT STATEMENT MAR 4- 1938 FOR TRACT 1562 COMMUNITY DEVELOPMENT The application for Tentative Map 1562 is submitted as .an alternative to six residential lots as they now exist. The site of 6.3 acres, which makes up the summit of Chalk Mountain, is now divided into six legal lots of record. This application employs the use of a planned development to create six smaller residential sites and an open space lot which covers about 82 percent m the total site. The application does not seek to increase the allowed density or change the land use of the site. 7 e application seeks only to redesign the site so as to create a project which is more environmentally sensitive. Advantages of the Plan The advantages of this plan are listed as follows. 1. The access road to the site has been shifted from the present right of way to prevent having to remove some oak trees which are located in the existing right of way. The new road is in an area which is not as visible to the community. 2. The proposal moves all development away from the West face of Chalk Mountain, the area which is most visible from the community. 3. The area for residential development is restricted to certain pad elevations and building envelopes. 4. To mitigate visibility concerns, a revegetation plan is submitted as part of this proposal. S. A permanent open space easement is being granted over 80-plus percent of the project area. 6. Architectural guidelines are being proposed to mitigate the visual impact of the buildings. The above items are more clearly illustrated on the project plans submitted with this application. Alternative Projects Discussed I. Use the existing lots. Most of the disadvantages of developing the site as it now legally exists have been discussed already. Such a development would create a project which is significantly more visible and produce more significant environmental impact than the one proposed. l CITY OF ATASCADERO COMMUNITY.DEVELOPMENT DEPARTMENT Supplemental Development Statement for Tract 1562 Page 2 2. Use larger residential site and less open space than proposed. A project designed in this manner has been submitted to the Community Development Department. This alternative does share some of the beneficial aspects of the proposed project, but also includes some real disadvantages. They are: a. less open space b. More grading (visibility) c. This design places some of the residential area on the West face of Chalk Mountain where it would be highly visible to the community 3. Design even smaller residential lots and a larger open space lot. A project designed in this manner would have the following disad- vantages: a. By further limiting the residential area, the buildings would be so close together that they would have a massing effect. They would appear much like an apartment building as opposed to low 'height single family dwellings. b. By further reducing the area between units, the opportunity to introduce meaningful landscaping elements between units is lost. c. A denser project could mean more grading and retaining walls, as there will be less horizontal distance available to make up for changes in grade between units. d. A tighter project than proposed would diminish the detached single family nature of the project. The future residents would feel as if they lived in an apartment project on top of a hill. Tract 1562 is being submitted as the best reasonable design alternative to the existing lots. It is the applicant's hope that this design will be accepted by the community in a positive manner. Thank you, Mike Yeomans Applicant i r MMIBIT I - Findings for Approval Tentative Parcel Map 39-87 Vista Bonita May 17, 1988 FINDINGS 1. The creation of the proposed parcels will conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels , in conformance with the recommended Conditions of Approval , will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision , and the proposed improvements , will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision, and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. 8. The proposed project is in compliance with the City of Atascadero' s Appearance Review Manual Guidelines. JM/jm EXHIBIT J - Conditions of Approval Tentative Tract Map 39-87 (1488) 9240 Vista Bonita Yeomans/Fredericks May 17, 1988 CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines and water line improvements required to serve the subdivision shall be constructed prior to the recording of the map. The individual service laterals and water meters shall be extended to the property line frontage of each parcel prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. All lots shall be connected to the Public Sewer. All annexation permit fees shall be paid prior to the recording • of the final map. Any sewer extensions for annexation must be completed within one year after annexation. 5. Sewer improvement plans shall be submitted for review and approval by the Public Works Department prior to the recording of the final map. 6. Grading, and Drainage plans, prepared by a registered Civil Engineer shall be submitted to and for review and approval by, the Community Development and Public Works Departments prior to the issuance of any building permits or the recording of the final map. 7. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction , and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. 8. A road maintenance agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall appear on the Final Map. 9. The subdivider shall install all street signs , traffic delineation devices , warning and regulatory signs , guardrails, barricades, and other similar devices where required by the Director of Public Works. Signs shall be in conformance with the Department of Public works standards and the current State of California uniform sign chart. Installation of traffic devices shall be subject to review and minor modifications prior to approval of construction. 10 . Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development and Public Works Departments for review and approval, prior to the construction of the improvements, or prior to recording of the final map, or prior to the issuance of any building permit, whichever comes first. Plans shall include, but not limited to : a. Vista Bonita: Design shall conform to design of improvements being prepared for Tract 1562 (Spanish Ridge) being prepared in connection with proposed development. Plans shall include a minimum paved section of 20' -0" and approved fire code turn around. Design shall include measures to save and preserve trees within the right-of-way, as approved by the Community Development and Public Works Departments. 11 . Construction of the access road improvements shall be completed prior to the recording of the final map. 12 . Public Improvement plans prepared for the site shall be reviewed and approved by the Fire Department. The plans shall include needed fire suppression improvements as determined by the Fire Department. Water main design shall be reviewed and pressure booster pump may be required if water pressure is found to be inadequate for fire protection. Design and location of improvements shall be approved prior to the recording of the final map. 13 . Prior to the approval of the improvement plans by the Director of Public Works , either the Subdivider shall acquire sufficient title or interest in the off-site land to allow the improvements to be made as required by these conditions: or the City Council, upon request by and at the expense of the subdivider, shall have made all appropriate findings and adopted Resolution of Necessity as required by law so that the City may exercise its power of Eminent Domain. 14 . Drainage Facilities shall be constructed to City of Atascadero Standards. All work shall be completed prior the recording of the final map. i 15 . The Subdivider shall provide drainage easements and/or drainage releases from the points of concentration of stormwater leaving the project boundary through adjoining properties to the nearest natural watercourses as approved by the Public Works Department if applicable. 16 . All lot grading and drainage improvements shall require written certification by a registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. 17. All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to the final building inspection, said engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 18. A Drainage Maintenance Agreement, in a form acceptable to the City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed and a note to this effect shall be placed on the final map. 19. Offer of dedication to the City of Atascadero the following rights-of-way and / or easements: Street Name: Vista Bonita Minimum Width: 10'-0" from the center of Right-of-Way along property frontage. 20 . Offer for dedication to the Public for Public Utility Easements all access easements. 21. Offers of dedication shall be completed and recorded prior to or simultaneous to the recordation of the final map. 22 . Prior to the recording of the final map , a soils investigation ( as required by the Subdivision Map Act) shall be submitted, recommending corrective actions which will prevent structural damage to each structure proposed to be constructed in the area where soil problems exist, as indicated in the Preliminary Soils Report. The date of such reports, The name of the Engineer making the report, and the location where the reports are on file shall be noted on the final map. 23 . The applicant shall establish Covenants, Conditions and Restrictions (CC&Rs) for the regulation of land use,control of nuisances , architectural control of all buildings , driveway and landscape maintenance. These CC&Rs shall be submitted for review and approval by the City Attorney and the Community Development Department prior to the recording of the final map. The CC&Rs shall implement the development standards set forth in the approved Planned Development Overlay Zoning (Zone Change 15-87) . 24. Zone Change ZC: 15-87 shall be approved and in effect prior to the recording of the final map. 25. Provide Sewer Main Extension Plan acceptable to the Director of Public Works. Main extension shall be thur Golf Course or Las Lomas to Pino Solo. Easement thur Golf Course, if this alternative is selected, shall be recorded prior to recording final map. 26 . A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c . A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 27. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/jm MINUTES EXCERPT MAY 17, 1988 MEETilw AGEPDA DATE 6ZAL EM MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday, May 17, 1988 7 : 30 p.m. Rotunda Room, City Administration Building The regular meeting of the Atascadero Planning Commission was called to order at 7 : 30 p.m. by Chairperson Nolan followed by the Pledge of Allegiance led by Commissioner Kidwell. ROLL L: Present: C issioners Kidwell, Hatchell, Michi sen, Tobey, Bond, opez-Balbontin (7 : 35 p.m. ) a Chairperson Nolan Absent: None Staff Present: Henry Engen, nity Development Director; Paul Sensibau ublic Works Director; Steven Decamp, Se ' or Pla er; Joel Moses, Associate Planner- and Patrici Shepphard, Administrative Secr ry I A. CONSENT ALENDAR 1 Approval of minutes of the regular Planning cmmission meeting of May 3 , 1988 MOTION: Made by Commissioner Bond, seconded by Commis- sioner Tobey and carried unanimously to approve the Consent Calendar as presented. B. HEARINGS, APPEARANCES, AND REPORTS 1 . ZONE CHANGE 15-87 AND TENTATIVE PARCEL MAP 39-87 : Request initiated by Mike Yeomans and Mike Frederick to ' revise the existing RSF-Y and RSF-Z zoning to provide for a Planned Development Overlay and implementing tentative tract map to re-organize the existing six lots totaling 6 . 32 acres into six lots ranging from 10,740 to 16, 980 square feet and create a new open space parcel containing 4 .47 acres, and to abandon a portion of Vista Bonita Road. Subject site is located at 9240 Vista Bonita Road. (CONTINUED FROM MEETING OF MAY 3, 1988) . Mr. Moses presented the staff report on the two applications recommending approval of the zone change and tentative parcel map requests . Chairperson Nolan noted that the applicant has submitted a letter requesting that certain conditions be amended to allow for bonding of the site improvements rather than require actual construction to be complete before the final map can be recorded. -Mike Yeomans, applicant, stated he is in agreement with the staff analysis and conditions of approval; however, he ex- plained his reasons for requesting the bonding for Condi- tions #1, 4 , 7 , 10, 14 , etc . Steve Decamp addressed Mr. Yeoman' s letter noting that some of the conditions referenced would not be applicable to the bonding request . If bonding is to be allowed for the off- site improvements , then bonding should also be included for any on-site improvements as well . He added that assurances need to be made to insure that this project is completed in one phase. It is important that all of the grading work be completed at one time. He advised that this matter should be continued for Public Works input if it is the Commis- sion' s desire to amend the conditions as requested by the applicant . Discussion followed. Commissioner Hatchell stated an excellent job was done on the staff report and commended the developer on their efforts to minimize impacts on the site. He stated he would be in favor of bonding because of the extent of the off-site improvement costs . 'Commissioner Bond concurred with Commis- sioner Hatch-ell ' s comments and added he would like to see staff work with the applicant to revise the conditions of approval . Staff noted reluctance in drafting conditions at this time due to the complexity of the site. Commissioner Hatchell added he would like to see wording incorporated which would require the improvements to be complete prior to issuance of the first building permit. Mr. Yeomans further stated that 99 1/2a of all grading will take place in one operation and he will be submitting a more detailed grading plan and improvement drawings . De Camp emphasized that staff ' s major concern is that all of the work be done at one time and not in a piecemeal fashion. Discussion followed concerning the CC&Rs and planned • development overlay which will help in insuring that all of the conditions are met. MOTION: Made by Commissioner Bond and seconded by Commis- sioner Kidwell to continue the public hearing to June 7 , 1988 in order for staff to work with the I • applicant in revising the conditions to make pro- vision for bonding of off-site and on-site improvements, including grading. Commissioner Lopez-Balbontin expressed concern with the open space easements and wants to make sure that assurances are: made for dedication of open space easements to the City. Discussion followed concerning this issue, density increases, etc. After further discussion, the motionri�7-n 2 . TENTATIVE PARCEL MAP 7-88: Request initiated by John White (Twin Cities Engineer- ing) to subdivide 10 .44 acres into two parcel containing 3 . 66 and 6 .78 acres each. Subject site,Iis located at 9550 Laurel Road. Mr. Moses presented the staff report concerning this'two-way vision request; staff recommendation is for' approval su ect to 11 conditions of approval. John ite, applicant, spoke in support of the application and as d for clarification on condition #4 . Mr. DeCamp responded hat the intent of the condition is to insure that grading and rainage plans are in for the access to the back lot which is, or this case, driveway,,design. There was no pub l c testimony givjeri. MOTION: Made by Com issioner;Hatchell, seconded by Commis- sioner Tobey and carried 7 : 0 to approve Tentative Parcel Map 7-8 subject to the findings and con- ditions contain in the staff report. 3 . TENTATIVE PARCEL RAP 9-88. Request initiate by Willi and Ann Palmer (Cuesta Engineering) o subdivide an existing developed parcel totaling 2 4 acres into tw arcels containing 1 . 04 and 1 . 00 res each. Subject s e is located at 4800 San Jacciirto Avenue. In presenting the staff report, Mr. Mose referenced some revised,Xonditions of approval that the Publi Works Depart- ment had revised ( #11 concerning offer of dedi ation) . Mr. Mose responded to questions from the Commission.\ hn Falkenstien, agent for the applicant, concurred with staff' s recommendation but expressed concern with,,,, the wording on Condition #8 . He stated that given the natur of the street, that the last sentence concerning the requir - ment for a 15 foot pave-out from the centerline be deleted MINUTES EXCERPT JUNE 7, 1988 M AGENrMMD- D MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday, June 7 , 1988 7 : 30 p.m. Rotunda Room, City Administration Building \ The regular meeting of the Atascadero Planning Commission wa ��. called to order at 7 : 31 p.m. by Chairman Nolan, followed by e Pledge of Allegiance led by Commissioner Michielssen. ROLL CALL: Present: Commissioners Kidwell, Michielsse Tobey, Bond, Lopez-Balbontin, and Chairman Nan Absent : Commissioner,,Hatchell (e sed) Staff Present: Henry Engen,-Community Development Director; Joel Moses Associate Planner, Doug Davidson, Assistance Planner, Patricia Shepphard, Admin- istr ive Secretary'ill� A. CONSENT--CALENDAR Approval of minutes of the regular Plann ' g Commission meeting of May 17 , 1988 MOTION: . Made by Commissioner Kidwell, seconde by Commissioner Tobey and carried 6 : 0 to approve t Consent Calendar aspresented. B. HEARINGS, APPEARANCES, AND REPORTS 1 . ZONE CHANGE 15-87 AND TENTATIVE PARCEL MAP 39-87 : Request initiated by Mike Yeomans and Mike Frederick to revise the existing RSF-Y and RSF-Z zoning to provide for a Planned Development Overlay and implementing tentative tract map to reorganize the existing six lots s totaling 6 .32 acres into six lots ranging from 7 , 260 to 9 , 132 square feet and create a new open space parcel containing 5 . 18 acres, and to abandon a portion of Vista Bonita road. Subject site is located at 9240 Vista Bonita Road. (CONTINUED FROM MEETINGS OF. MAY 3 AND MAY 17 , 1988) Mr. Moses summarized -the background from the previous Commission meeting wherein revised conditions have been provided which allow provision for bonding of improvements . There was brief discussion relative to the difference between the revised conditions and original conditions proposed by staff. Mike Yeomans, applicant, indicated his concurrence with these revisions . In response to question from Commissioner Michielssen, Mr. Moses explained staff was recommending approval of the original conditions as they pertain to the "planned 'development" aspect of the project. Staff was concerned that this project and the necessary improvements be installed in one phase. Commissioner Michielssen felt that bonding is an appropriate measure of securing the necessary improvements and felt this would not be a problem given that no building permit could be issued before all improvements are completed. MOTION: Made by commissioner Michielssen and seconded by Commissioner Kidwell to approve Tentative parcel Map 39-87 subject to the revised conditions of approval (June 7, 1988) , and recommend approval of Zone Change 15-87 to the City Council. Commissioner Bond stated he has followed the project very closely and concurred with Commissioner Michielssen' s statements and felt that the conditions would help mitigate impacts to the hillside without increasing the density. Commissioner Lopez-Balbontin expressed concern that assurance is made that the open space parcel is not developed at any future date. Mr. Moses stated this would be handled through the CC&Rs . The motion carried 6 :0 . 2 . APPEAL OF PRECISE PLAN 10-88: Appeal initiated by Klaus Mathes (Asso ' ted Professions, Inc . ) appealing specifically t precise plan condition that the proposed gradin a reduced. ject site is located at 13305 Sant na Road. (CO ED FROM MEETING OF MAY 17 88) . t Mr. Davidson lained th the applicant submitted alternate plans which w t the proposed grading is the most appropriate solutio access the site so the required findings can now be ade to p ess the precise plan, and noted the applic has withdrawn appeal . There wa rief discussion concerning ref u of the appeal fee, aff pointed out that no refund is warra d as the f has been absorbed in processing costs , publis the .--___,--- public public hearing notice, staff report, etc. c ' ORDINANCE NO. 180 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION MAP NUMBER 19 OF THE OFFICIAL ZONING MAPS OF THE CITY OF ATASCADERO BY REZONING CERTAIN PROPERTY ON VISTA BONITA ROAD FROM RSF-Y & RSF-Z (RESIDENTIAL SINGLE FAMILY) TO RSF-Y (PD-7) & RSF-Z (PD-7) (RESIDENTIAL SINGLE FAMILY) (ZONE CHANGE 15-87 - YEOMANS/FREDERICKS) WHEREAS, The proposed zoning map amendment is consistent with the General- Plan as required by Section 65860 of the California Government Code; and WHEREAS, The proposed amendment is in conformance with Section 65800 et. seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate: and WHEREAS, the Atascadero Planning Commission held public hearings on May 3, May 17 and June 7,1988 and has recommended approval of Zone Change 15-87. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element and other elements contained in the General Plan, and specifically, policies pertaining to Low Density Single Family Residential development as expressed in 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. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 1 C 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 7. Proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 19 of the Official Zoning Maps of the City of Atascadero on file in the Community Development Department is hereby amended to reclassify Lots 1,2, and 3 of PM 32-85 and Lots 16 & 17 of Tract 5 in Atascadero as show on the attached Exhibits "A" & "B" which are hereby made a part of this ordinance by reference. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. 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 Councilman Lilley and seconded by CounLilwoman Mackey the motion is approved by the following role call vote: AYES: COUNCILMEMBERS DEXTER, LILLEY AND MACKEY NOES: COUNCILMAN SHIERS AND MAYOR BORPESON ABSENT: NONE DATE ADOPTED: 8/23/88 By: BONITA BORGESON, MAYOR City of Atascadero, California ATTE�,T-:? BOYD C. AITZ, City Clerk By* CINDY,WIL , S', ,Deputy City Clerk 'APP OVF A� T CO TENT .� aye �u WILLIAM HANLEY I erim, City Manager APPROVED AS TO RM: r R NS , City Attorney B : H4ERkYXE NGve'velopr6t Community Director • ' `�. EXHIBIT A - ORDINANCE 180 j��,,—'� b• .i -ERO CITY OF ATASCADZONE CHANGE 15-87 RSF-Z & RSF-Y TO RSF-Z C ) RSF-Y CPD 7) COMMUNITY DEVELOPMENT YEOMANS/FREDERICKS DEPARTMENT j ZONE CHANGE 15-87 R F'Z YEOMANS/FREDERICKS \_a MF-4 RSF-Z 8 RSF-Y 6) TO RSF-ZCPD 7) 8 RSF-YCPD 7) S F` - 464� F• �•; ` \/ RSF (PDT) F cr of � pro s ♦ o 1 r CR 711 i r P f \• AY C p0 �� `, J�\ � � I j , C r J \ CITY OF ATASCADERO EXHIBIT B ORDINANCE 180 ZONE CHANGE 15-87 ` �+ne,�= COMMUNITY DEVELOPMENT RSF—Z & RSF—Z TO RSF-.Z CPD '�r,1►sci DEPARTMENT & RSF—Y (PD 7) YEOMANS/FREDERICKS J s I TRACT 1562 — _ l TENTATIVE MAP i '� CHALK MOUNTAIN.ATASCAOERO ••.J ��� ��� + ��. , _ f L <� LOT F 5 _. ct— ........_._.. .1 `. • / LOT 3 -- 7- -; - .hrl to r +T�[•(, r OTS LOT f .. LOT: OPENSPACE I. 6:f0 ' I' IRACi 1562 s LJ l �. r'znn wuraiv gena l - _ "'` — — • it ._ -, -- _� _ ___' I•_ +' !��-O�"� ..Gln REPORT TO CITY COUNCIL ,� • CITY OF ATASCADERO Agenda Item:B-A. By74 Through: Ray Windsor, City Manager Meeting Date:09/24/91 From: Alicia Lara, Personnel Coordi toil , SUBJECT: Memorandum of Understanding (MOU) between City of Atascadero and Atascadero Fire Captains Bargaining Unit and Atascadero Fire Fighters Bargaining Unit. RECOMMENDATION: Staff recommends adoption of the attached resolutions and MOU' s adjusting salaries and benefits for the above-named employee groups. DISCUSSION/ANALYSIS: The attached resolutions (#' s 90-91 and 92- 91) reflect the changes negotiated with . the Fire Department Bargaining Units. Each MOU for these units is a four year contract commencing July 1, 1991 through June 30, 1995. The total cost is 5.50% for each year of the four year contracts. FISCAL IMPACT:The salary and benefit increases for Fiscal Year 1991-1992 for the two fire units are as follows; Fire Fighters $20,982; Fire Captains - $10,477. Attachments: Resolution 90-91 Resolution 92-91 • FROM: ATASCADERO FIRE DEPARTMENT EMPLOYEES ASSOCIATION TO: ATASCADERO CITY COUNCIL 0 Honorable Council Members of the City of Atascadero, The Atascadero Fire Employees Association acknowledges and respects the Councils efforts to produce a workable Memorandum of Understanding with the organization. We do understand and are aware of some of the hardships which our communities are facing in the wake of the economic downturn and reduced state monies; still, there have been real concerns held by the group in regard to the City' s last and final offer. Our endeavor during this process has been to maintain a competitive standing among comparable agencies . We realize however, that this may not be attainable during this period of fiscal hardship and do intend to accept the City' s latest offer, as we do believe it to be as fair and reasonable as practical under the present circumstances. We are also aware that there are mutual benefits to a multi-year contract. As you are aware, negotiations have been ongoing for several months and have approached impasse on several occasions. We would like to make clear that at no time was the delay in reaching accord due to any unwillingness or absolute bottom-line position on the part of the Association. In fact, a number of our non- economic, though major concerns regarding operational issues have been expediently resolved outside of negotiations with the valued assistance of Chief McCain and the City Manager. With respect to economic issues, we still contend that the best way for a community to assure retention of professionally trained and dedicated employees is to be competitive in the marketplace. By the same token, we are aware of and sympathetic to the fact that any organization' s ability to pay must be taken into consideration when setting employee compensation. We also feel however, that certain unique problems such as the minimum personnel staffing and maintenance of quality shift coverage of this community need be considered in relation to compensation. In closing, the Employees wish to express their appreciation to both Chief McCain and the City Manager who have effectively dealt with many of our past concerns . we are confident of the ability of City staff in addressing ongoing concerns and are looking forward to a superior ongoing working relationship in service to the community. Thank you for your patience in this matter, Dan McGauley, Preside AFEA • cc City Manager Cheif McCain Personnel RESOLUTION NO. 90-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIRE FIGHTERS BARGAINING UNIT WHEREAS, The City of Atascadero has met and conferred in good faith with the Atascadero Fire Fighters Bargaining Unit for the purpose of discussing wages, benefits and other conditions of employment; and WHEREAS, The City of Atascadero and the Atascadero Fire Fighters Bargaining Unit have reached an agreement regarding said wages, benefits and other conditions of employment for the term of Fiscal Year 1991/92, 1992/93, 1993/94 and 1994/95; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Coun- cil hereby approves the Memorandum of Understanding between the City and the Atascadero Fire Fighters Bargaining Unit for Fiscal Year 1991/92, 1992/93, 1993/94 and 1994/95 and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson seconded by Council - person - person , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA ATTEST: By: ALDEN F. SHIERS, Mayor LEE RABOIN, City Clerk APPROVED AS TO FORM: • ARTHER R. MONTANDON, City Attorney .0 �:.• , I MEMORANDUM DUM ®li U V 11N IERSTA VDU V G between - L� City of At4scadero and Fire Department Employees Association 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 Bargaining 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 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 relations,cooperation and understanding between Management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. Section 2.0 Full Understanding, Modifications And Waiver. 2.1 This MOU sets forth the full and entire understanding of the parties regarding the Atascadero Firefighters MOU '91 - '95 matters set forth herein. Any other prior or existing understanding Parties, whether formal or informal, regarding any such matters are hereb esu ent by the terminated in their entirety, if in conflict with this Memorandum. y spended or 2.2 No agreement, alteration, understanding, variation, waiver or modification the terms or provisions contained herein shall in any manner be binding upon of any of hereto unless made and executed in writing by both parties hereto and, ftlre required, approved and implemented by the City Council. q , 2.3 The waiver of any breach, term or condition of this Agreement by either ar constitute a precedent in the future enforcement of all its terms and provisionsp ty sh all not Section 3.0 Sick Leave. 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. 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. 5.1 Effective July 1, 1991, salaries in effect on June 30, 1991, shall be increased by two (2%) percent. 5.2 Effective July 1, 1992, salaries in effect on June 30, 1992, shall be increased by two-point- five (2.5%) percent. 5.3 Effective January 1, 1993, salaries in effect on December 30, 1992, shall be increased two-point-five (2.5%) percent. by 5.4 Effective July 1, 1993,salaries in effect on June 30, 1993, shall be increased by two-point- five (2.5%) percent. 5.5 Effective January 1, 1994, salaries in effect on December 30, 1993, shall be increased b two-point-five (2.5%) percent. y 5.6 Effective July 1, 1994,salaries in effect on June 30, 1994, shall be increased by three(3%) percent. -2 Becker + Bell, Inc. Atascadero Firefighters MOU 191 -,95 5.7 Effective January 1, 1995, salaries in effect on December 30, 1994, shall be increased by three (3%) percent. 5.8 Movement between steps shall be a twelve month intervals and subject to satisfactory performance. 5.9 Total Compensation. The parties agree and acknowledge that salay, paid retirement costs and employer contributions towards insurance(s) shallcconstitute r"total compensation"and will be the basis of comparison in future negotiations. 5.10 For the purposes of police-fire comparison Fire Captain shall be compared to Police Sergeant, Fire Engineer shall be compared to Police Officer with no comparable basic fireman vs. Police classification. Section 6.0 Medical and Dental Benefits 6.1 The City agrees to pay for all medical and dental benefits for each unit employee under the City sponsored medical and dental plans. 6.2 The City agrees to pay$200 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective July, 1992, the City agrees to pay $235 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective July 1993, the City agrees top ay $270 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective July 1994, the City agrees to pay $305 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. 6.3 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, the amount of the City contribution towards dependent coverage not used, shall be paid to the employee as an addition to his/her regular pay. 6.4 The City shall provide employee only vision care insurance at no cost to the employe. Dependent 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 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 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 the PERS. -3- Becker+ Bell,Inc. Atascadero Firefighters MOU'91 -'95 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. Section 8.0 Paramedic Pay 8.1 The City shall pay two hundred seventy-five dollars ($275) per month to those employees who are trained, qualified and assigned by the Fire Chief to E.M. T. Paramedic duties. Effective July, 1992 the pay differential shall be increased to three hundred dollars ($300) per month. Effective July, 1993 the pay differential shall be increased to three hundred twenty-five dollars ($325) per month. Effective July, 1994 the pay differential shall be increased to three hundred fifty dollars ($350) per month. 8.2 During the fourth year of this agreement, the City shall conduct a compensation survey of fire services agencies operating a Paramedic Program. Agencies to be surveyed wail}bey mutually agreed upon at the time of the survey. will 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. Section 10.0 Holiday 10.1 Unit employees shall receive five and 6/10 (5.6) shifts time as Holiday time for the term of the Agreement. Holiday time will be credited in accordance with procedures established by the Director of Administrative Services and the City Manager. 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 Life Insurance. 11.1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand Dollars ($15,000.00) 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 coverage,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. -4- Becker + Bell, Inc. Atascadero Firefighters MOU'91 _,95 Section 12.0 General Benefits. It is agreed that compensatory time off (CTO), retirement and an conditions of employment shall be as specified by Cea d benefits and and Atascadero Municipal Code, Tide 2, Chapter 2, inclusive. retirement Resolutions No. 2-p Section 13.0 Probationary Period The probationary period for newly hired employees shall be eighteen months. probationary period for employees promoted to a higher classification shall be twelve months in the new classification. The 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 thepurpose that will be implemented in the Fire Deparent for all employees in the unit.tatives developing physical fitness program committee will meet as needed to develop recommendations for the Fire Chief. The physical fitness program The p gram 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 i Firefighter will be provided an opportunity to be examined ed andpromoted ication of • classification of Fire Engineer. p ed to the Section 16.0 Implementation. 16.1 This MOU constitutes a mutual recommendation to be submitted to th Council. It is understood that this MOU shall not be binding upon the parties either i whole or in part unless and until said Ci acts in a ti a Atascadero City approve and adopt said MOU h'Council: (a) acts,by a majority vote, formally to necessary to implement the provisions of this MOU wh ch mely manner to appropriate the funds el g. 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 law and resolutions. All ordinances, rules and r s, regulations subject to the appropriate revisions, amendments and deletions ctednecessathe ry o� shall be 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 suspended and _5 - Becker + Bell, Inc. Atascadero Firefighters MOU '91 - '95 superseded by such applicable law or regulations,and the be affected. remainder of this MOU shall not Section 18.0 Applicability of Other MOU's, Rules and Regulations MOU's, understandings or personnel policies, customs,practice and actions not specifically included in Atascadero Municipal Code, Title 2, Chapter 2, inclusive, and associated and regulations adopted by the City Council of the City of Atascadero, shall be sde by the provisions of this MOU. rules superseded Section 19.0 Management Rights. The authority of the City includes, but is not limited to the exclusive right to determine mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment the its employees; take disciplinary action for 'Just cause'; relieve its emplo ees fro vice; p yment and promotion; direct because of lack of work or for other legitimate reason; maintain the efficiency governmental operations;wore m duty 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 discretion over its organizations and the technology however, that the exercise and retention of such rights does not preclude employees representatives from consulting or raising grievances over the of Performing Its work; provided, decisions on these matters may have on wae,hours and other terms or their sequences or impact that . of employment. Section 20.0 Peaceful Performance Clause. 20.1 The parties to this Memorandum of Understandingrecd services performed by the City employees covered b this recogmet re essential to the nize and acknowledge that the public health, safety and general welfare of the residents ofthen City of Atascadero. Association agrees that under no circumstances will the Association recommend,encourage, cause or permit its members to initiate, participate in, nor will an o bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or ick (hereinafter collectively referred to as work-stoppage), in any office or department of the city,nor to curtail an picketing y work or restrict any production,or interfere with any operation of the City. In the event of any such work stoppage by any members of the bargaining uni City shall not be required to negotiate on the merits of any dispute which may have given t the Y rise to such work stoppage until said work stoppage has ceased. 20.2 In the event of any work stoppage, during the term of this Memorandum Understanding, whether by the Association or by a Member of the bargainingunit Association by its officers, shall immediately declare in writing and publicize that of work is illegal and unauthorized,and further direct its members in writingto cease the conduct and resume work. Copies of such written notice shall be served u such the event of an the said y work stoppage the Association promptly and in pit the City. If in obligations of this paragraph , and providing the Association has ltnot otherwish performs e 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 Ci ski e have the right to discipline, to include discharge, an participates in or gives g y employee who instigates, p ves 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 S t -6- Becker + Bell, Inc. Atascadero Firefighters MOU '91 - '95 any such employee. Section 21.0 Term of Agreement. It is understood and agreed that the provisions of this MOU shall be effective as 0001 a.m., July 1, 1991, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1995. Date: `\ —i D 1.1 Atascadero Fire e r partment _Employees oci bion City of Atascadero C --- ---------------------- -- --- ------- --------- -7 Becker + Bell,Inc. RESOLUTION NO. 92-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIRE CAPTAINS BARGAINING UNIT WHEREAS, The City of Atascadero has met and conferred in good faith with the Atascadero Fire Captains Bargaining Unit for the purpose of discussing wages, benefits and other conditions of employment; and WHEREAS, The City of Atascadero and the Atascadero Fire Captains Bargaining Unit have reached an agreement regarding said wages, benefits and other conditions of employment for the term of Fiscal Year 1991/92, 1992/93, 1993/94 and 1994/95; NOW, THEREFORE, BE IT RESOLVED that the.Atascadero City Coun- cil hereby approves the Memorandum of Understanding between the City and the Atascadero Fire Captains Bargaining Unit for Fiscal Year 1991/92, 1992/93, 1993/94 and 1994/95 and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson , seconded by Council- person the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA ATTEST: By: ALDEN F. SHIERS, Mayor LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney MIIEfliICIISAfiTIIDUM OF UHD]ElI837-AND HNG between City of Atascadero and Fire Department Employees Association ATASCADERO FIRE CAPTAINS BARGAINING UNIT This Memorandum of Understanding is entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City,"' Bargaining Unit of the Fire Department Employees Association, hereinaf erFire referred to as r "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 an 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 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 relations,cooperation and understanding between Management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein. Section 2.0 Full Understanding, Modifications And Waiver. 2.1 This MOU sets forth the full and entire understanding of the parties regarding the Atascadero Fire Captains MOU '91 - '95 matters set forth herein. Any other prior or existing understanding or agreement • parties, whether formal or informal, regarding any such matters, are hereby sus terminated in their entire by the entirety, if in conflict with this Memorandum. Ynd� or 2.2 No agreement, alteration, understanding, variation, waiver or m the terms or provisions contained hershall in any manner be binding upon the parties hereto unless made and executed r writingodification of any of b approved and implemented by the City Council. y both parties hereto and, if required, 2.3 The waiver of any breach, term or condition of this Agreement by eitherarty shall not constitute a precedent in the future enforcement of all its terms and provisions. p Section 3.0 Sick Leave. Unit members shall earn and use sick leave subject to the provisions Resolution No. 12-80, dated July 14, 1980. Sick leave credited from either District P sof Section 9.5 of service may be used as available and needed subject to the City's Personnel Rules a Regulations, except that any sick leave used shall first be deducted from the e City amount carried over from District service until such credits are exhausted. It is a and nothing herein shall be construed as providin an credited any unused sick leave existing at time of dischargested or right, oneta that service, or at time of retirement in accordance with the City's Public Employees or otherwise, to voluntary separation from City System contract. Retirement Section 4.0 Vacation. 4.1 Vacation leave Benefits of Resolution No. 112-80 ated Juln14,used specified by Section 9.0, Employee J Y 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. 5.1 Effective July 1, 1991, salaries in effect on June 301991shall be increased percent. , , sed by two(2%) 5.2 Effective July 1, 1992, salaries in effect on June 30, 1992, shall be increased by two-point- five (2.5%) percent. 5.3 Effective January 1, 1993, salaries in effect on December 30, 1992,shall be increa two-point-five (2.5%) percent. sed by 5.4 Effective July 1, 1993, salaries in effect on June 30, 1993, shall be increased by two-point- five (2.5%) percent. 5.5 Effective January 1, 1994, salaries in effect on December 30, 1993 shall two-point-five (2.5%) percent. all be increased by 5.6 Effective July 1, 1994, salaries in effect on June 30, ,shall be increased b percent. 1994 Y three(3%) 2- Becker + Bell, Inc. Atascadero Fire Captains MOU'91 -,95 5.7 Effective January 1, 1995, salaries in effect on December 30, 1994, shall be increased b three (3%) percent. y 5.8 Movement between steps shall be a twelve month intervals and subject to satisfactory performance. 5.9 Total Compensation. The parties agree and acknowledge that salary, aid retirement costs and employer contributions towards insurance(s) shalyco constitute r"total compensation"and will be the basis of comparison in future negotiations. 5.10 For the purposes of police-fire comparison Fire Captain shall be compared to Police Sergeant, Fire Engineer shall be compared to Police Officer with no comparable basic fireman vs. Police classification. Section 6.0 Medical and Dental Benefits 6.1 The City agrees to pay for all medical and dental benefits for each unit employee under the City sponsored medical and dental plans. 6.2 The City agrees to pay$200 per month,per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective July, 1992, the City agrees to pay$235 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective July 1993, the City agrees to pay $270 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. Effective July 1994, the City agrees to pay $305 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements. 6.3 For those employees with only one dependent or without dependents or who do not choose to enroll their dependents in the City plan, the amount of the City contribution towards dependent coverage not used, shall be paid to the employee as an addition to his/her regular pay. 6.4 The City shall provide employee only vision care insurance at no cost to the employee. Dependent 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 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 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 the PERS. -3- Becker + Bell, Inc. Atascadero Fire Captains MOU'91 -'95 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. Section 8.0 Paramedic Pay 8.1 The City shall pay two hundred seventy-five dollars ($275) per month to those employees who are trained, qualified and assigned by the Fire Chief to E.M. T. Paramedic duties. Effective July, 1992 the pay differential shall be increased to three hundred dollars ($300) per month. Effective July, 1993 the pay differential shall be increased to three hundred twenty-five dollars ($325) per month. Effective July, 1994 the pay differential shall be increased to three hundred fifty dollars ($350) per month. 8.2 During the fourth year of this agreement, the City shall conduct a compensation survey of fire services agencies operating a Paramedic Program. Agencies to be surveyed weill-be t(' mutually agreed upon at the time of the survey. wi 11 N 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. Section 10.0 Holiday 10.1 Unit employees shall receive five and 6/10 (5.6) shifts time as Holiday time for the term of the Agreement. Holiday time will be credited in accordance with procedures established by the Director of Administrative Services and the City Manager. 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 Life Insurance. 11.1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand Dollars ($15,000.00) 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 coverage 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. -4- Becker + Bell, Inc. Atascadero Fire Captains MOU'91 -'95 Section 12.0 General Benefits. It is agreed that compensatory time off (CTO), retirement conditions of employment ement and any other benefits and Atascadero Municipal Code, Title 2, C specified 2 inclusive.by Resolutions No. 12-80 and 52-82, and Section 13.0 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 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 that will be implemented in the Fire Department for all mployng a ees in fitnesssical 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 classifica Firefighter will be provided an opportunity to be exipromoted tion of classification of Fire Engineer. amned and i p oted to the 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 a p ro riate 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 suspended and -5 Becker + Bell, Inc. Atascadero Fire Captains MOU '91 - '95 wsu affect d by such applicable law or regulations,and the remainder of this MOU shall not Section 18.0 Applicability of Other MOU's, Rules and Re MOU's, understandings Regulations included in Atascadero or personnel po]1C1eS' Customs,practice and actions not specifically and regulations adopted by th C� Code, Title 2, Chapter 2, inclusive, and associatedrules by the provisions of this MOU. City Council of the City of Atascadero, shall be superseded Section 19.0 Management Rights. The authority of the City includes, but is no ' mission of its constituent departments co t limited to the exclusive right to determine determine the r mmission e procedures and standards of selection sand boards; set standards of the its employees; ectio service; i Y take d' or em ce; disciplinary action for "' employment and promotion; direct because of lack of lust cause" ect w , relieve e k or ve its governmental operations or other legitimate reason; employees from duty governmental o ; determine the methods ' maintain the efficiency of operations are to be conducted ' manning and per b y which take all necessary actions to car , determine the content of job classifications; carry out its mission in emergencies; exercise complete control and discretion over its organizations and the technology of performin however, that the exercise and retention of such rights does not r representatives from consulting or raisin g its work; provided, decisions on these matters may g grievances over the Con lode employees or their y have on wage,hours and other terms of emclo es or impact that p Yment. Section 20.0 Peaceful Performance Clause. 20.1 The parties to this Memorandum of Understanding services performed by the City employees public health covered b isAgreement recognize and acknowledge that the safey this Agreement are essential to the Association thf safety and general welfare of the residents of the Ci agrees that under no circumstances will the Association recommend,encourage, cause or permit its members to initiate h' of Atascadero. Of the bargaining unit take part in an , participate in, nor will an g ' y strike, sit-down, stay-in, sick-out, slow-do�.vn orpicketing hereinafter collectively referred to as work-stoppage), in any office or departmentcity,nor to curtail an City. In the event of Work or restrict any production,or interfere with an Operation of the City shall not be required to such work negotiate merits of an des y°peration of the on Y Y members of the bargaining unit the rise to such work stoppage until said work stoppageY Aute which may have given has ceased. 20.2 In the event of an Y work stoppage, during the term of this Memorandum of Understandin g, whether by the Association or b Association by its officers, conduct andnd shall i Y a Member of the bargaining unit, the immediately declare in writing and publicize that such workeland unauthorized,and further direct its resume work. Copies of such written notice robbersll be in writing i ugon Cease the said the event of any work stoppage the Association promptly and in good obligations of this paragraph P the City. If in authorized p . and providing the Association hasltnot e formsotherwise permitted or encouraged such work stoppage,liable for any damages caused by the violation k tophis p oe, the Association, have the right to discipline, to include discharge, any employee shall not be Participates in, or gives discipline, leadership Wever, the City shall the City shall also have the right toto, any work stoppage P Yee who instigates, and full legal redress an lulling damagesy herein , against -6- Becker + Bell, Inc. Atascadero Fire Captains MOU '91 - .95 any such employee. Section 21.0 Term of Agreement. It is understood and agreed that the provisions of this MOU shall be effective July 1, 1991, and shall remain in effect, unless modified midnight June 30, 1995. as Ont, a.m., by mutual agreement, until Date: � D Atascadero Fire Dertment 371, Assocla,do'—n City of Atascadero -------------------------- -------------------------- -------------------------- _7_ Becker+ Bell, Inc. REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: B-7 From: Arther R. Montandon, City Attorney Meeting Date: 9/24/91 SUBJECT: Amendment to Employment Agreement with City Manager, which extends his existing contract, as modified, for two years (July 1, 1991 - June 30, 1993) RECOMMENDATION: Adopt the proposed Resolution No. 91-91, authorizing the execution of the attached amendment to the employment agreement with the City Manager. BACKGROUND: Each year since August, 1988, the City Council has considered amendments to Mr. Windsor' s employment contract. However, up until this year (the third year of the current agreement; Mr. Windsor will begin his fourth year as Manager, effective September 12, 1991) , no comprehensive review of the Manager' s employment agree- ment has been conducted by the City. In this regard, I was assigned by Council to review the agreement, gather information relevant to the City Manager job marketplace and meet with Mr. Windsor to discuss the process and his concerns about the existing contract. Also, you have given me direction, in session, regarding what you would consider for the Fiscal Year 1991-92. Under my supervision, we have conducted a salary survey of nine cities in the area: San Luis Obispo, Paso Robles, Pismo Beach, Arroyo Grande, Morro Bay, Grover City, Santa Maria, Solvang and Lompoc. This survey indicated Mr. Windsor' s salary to be 12% less than the current average. Eliminating those cities which are non-comparable due to size or location (San Luis Obispo, Santa Maria, Lompoc and Solvang) , Mr. Windsor' s salary is still over 6.5% below the current average. We have also obtained what the planned salary increases are for some of these surveyed cities. Mr. Windsor' s salary would be about 8.5% below this average. 1 As such, it is recommended that the Manager's base salary be adjusted 4.6%, which is the increase in the cost-of-living for the past year for our area, and which has previously been granted to other managerial employees. This increase would still leave Mr. Windsor' s salary 3.9% below the average of the relevant surveyed cities, all of which are smaller in area and population than Atascadero. In order to address the inequity identified above, added to the contract is the ability of the City Council to grant a one-time "Performance-based merit increase" of 5%, based upon an evaluation of the Manager' s accomplishments during the past three years. Three other amendments are included: 1. To authorize the payment of money in lieu of payment of present benefits. Mr. Windsor would be allowed to re- ceive the money the City will have to pay for these benefits, recognizing that Mr. Windsor will now be liable for State and Federal taxes. 2. A cost-of-living increase on July 1, 1992, subject to Council review and approval, as part of its fiscal budgetary process. 3. A contract termination clause, effective June 30, 1993, at which time the entire agreement will be subject to • renegotiation and/or renewal. I have discussed these changes with Mr. Windsor, and he has agreed to amendments. FISCAL IMPACT: A 4.6% COLA increase will cost $3,474 annually. A 5.0% merit increase will cost $3,950 annually; therefore, the City Manager' s base salary will increase to $7,252 monthly or $81, 028 annually. The change in benefits have virtually no fiscal impact. The total net increase, after taxes to Mr. Windsor, will be 4.5%. ARM:cw Attachment: Resolution No. 91-91 w/attachment 2 RESOLUTION NO. 91-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER The City Council of the City of Atascadero does resolve as follows: 1. The Mayor is hereby authorized and directed to sign an amendment to the employment agreement with the City Manager, attached hereto and incorporated herein. 2. Resolutions 76-88, 74-89, 8-90 and 108-90 are hereby amended to incorporate the amendments set forth in the document incorporated in Section 1, above. PASSED AND ADOPTED at the regular meeting of the City Council of the City of Atascadero held , 1991, by the following vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CA LEE RABOIN Cit Clerk By. � Y ALDEN F. SHIERS, Mayor APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney 3 AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER The agreement, dated August 4, 1988, and subsequent amendments thereto set forth in City Council Resolutions 74-89, 8-90 and 108- 90, by and between the City of Atascadero and Ray Windsor, is hereby amended as follows: 1. Paragraph 4 is amended to add: The base salary in effect on June 30, 1991, shall be increased 4.6% effective July 1, 1991. This new base salary shall be adjusted annually, effective July 1, 1992, to reflect any increase in the cost-of-living for all urban consumers in the Los Angeles-Anaheim-Riverside (May to May) area. This cost-of-living adjustment may be modified or deleted prior to its effective date by a majority of the City Council, after consultation with the City Manager. 2. Add a paragraph 20 to read as follows: Merit Increase 20. The Employer shall grant a one-time performance based merit increase of five percent (5%) of base salary in effect on July 1, 1991, based on the City Manager' s performance during the past three (3) years. This increase shall be effective July 1, 1991. 3. Paragraph 8 is amended to read as follows: Health Benefits 8. The Employer agrees to continue to include the Employee and his wife under the Employer' s group medical, dental and vision coverage policy in the amount allowed by existing City Council policy. The amount paid for dependent coverage shall be eliminated. Said amount shall then become part of base salary. 4. Paragraph 12 is amended to read as follows: Public Employees Retirement System 12. Employer agrees that Employee shall continue to be a member of the Public Employees Retirement System of the State of California. Employee shall pay the Employee' s share, seven percent (7%) , to PERS. Amendment to Employment Agreement with City Manager, Ray Windsor Page Two Said amount shall be paid in base salary and become the responsibility of the Employee. 5. Paragraph 5 is amended to read as follows: Vacation 5. Vacation increases shall occur in the same manner as all other full-time, permanent employees. 6. Paragraph 1 is amended to read as follows: Term of Employment The terms and conditions set forth in this agreement and further stipulated by the amendments to Employment Agreement with the City Manager (Resolution 91-91) shall terminate effective June 30, 1993, at which time said contract shall be subject to renegotiation and/or renew- al. 7 . These amendments are to be effective on July 1, 1991. Executed in Atascadero, California, on the date set forth above. EMPLOYER: City of Atascadero, a Municipal Corporation ALDEN F. SHIERS, Mayor EMPLOYEE: RAY WINDSOR REPORT TO CITY COUNCIL Meeting Date: 9-24-91 CITY OF ATASCADERO Agenda Item: C-1(A) Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works SUBJECT: 3-F Meadows Roads RECOMMENDATION• 1. Staff recommends the Council make a policy determination that using public funds is necessary to supplement the upgrading of private roads to City standards. If City participation is desired, a sliding scale formula based on a percentage of the total assessment is suggested with a maximum $100,000 per year cap on any given district. 2. The City should pursue further the matter of the developer's legal responsibility to maintain the roads, and possible compensation due to the City if the roads are brought into the City system. BACKGROUND: Distant Past: The history of road development in 3-F Meadows is complex and documentation is sketchy. To answer the question, "what is the responsibility of the City in assisting the 3-F residents to improve and maintain their roads?", I spoke with current and former senior County engineers, including Jim Granflatten, Alan Campbell, John Wallace, and former City engineer George Wolfrank. I also researched all available sources for documentation on the subject. According to Jim Granflatten, Mr. Bud Davis (or the Davis Family Trust) constructed the first roads of Monita and Sierra Vista to County standards. After completion, these roads were taken into the County-maintained road system. The City has continued to maintain these roads after incorporation. Subsequent roads were not built to County standards because, - according to Jim Granflatten, the cost of construction was too high. Instead, the County apparently allowed Davis to construct private roads, with the understanding that the roads would be private and maintained by Davis. According to John Wallace, this understanding was setforth through some form of "semi-formal action", of which no written documentation can be found. During various public hearings, long-time residents have indicated that Davis told them that he would maintain the roads until the i City took them over. During the early years of incorporation it was common practice for the Public Works Department to refer road complaints from 3-F residents to Davis (according to George Wolf rank) . However, the City never gave any indication that the roads would be brought into the City system. On October 11, 1982, the residents of 3-F Meadows made an appeal to the City Council to form an Assessment District. A transcript of this meeting has been made available to the Council previously. Basically, the Council postponed taking action because only a few days prior to the meeting the California Appeals Court had ruled that a "two-thirds" vote would be required to set up a district. Consequently, the Council was unsure of the full ramifications of that court decision. (The Supreme Court eventually over-turned the Appellate Court decision) . At that 1982 Council meeting Larry McPherson, Public Works Director, stated that a Department of Real Estate, "Public Report" had been filed by Davis stating that all the roads were privately owned and maintained. Staff has recently discovered that every five years since 1969 this Public Report has been renewed by the Davis Family Trust, the latest report being filed in 1989. Copies of the document have not yet been received by staff. However, they may have implications as to who is responsible for the maintenance of the 3-F Meadow roads. • Recent Past: During the past year a group of 3-F residents have taken several steps to form an Assessment District. They requested that the City conduct an engineering investigation to determine the cost of improving the 3-F roads to a level where they could be taken into the City maintained system. The City retained the firm of Tartaglia-Hughes to conduct the engineering study. Subsequently, a Public Forum was held to discuss the results of the study. An Assessment District would cost approximately $640, 000 to make the necessary improvements, which averaged out at over $6500 per parcel. Some parcels could pay more, some could pay less. The almost universal reaction from the residents was that this cost was too high. The District would not be accepted by the residents. Working with Bob Tartaglia, we formulated some alternate pavement repair strategies, bringing the cost down to about $400,000. The trade-off was a road system that would require increased maintenance in the future. This information was presented to the Council on July 12, 1991. During deliberation, Council expressed a reluctance to spend money on a problem that had been created through past understandings prior to incorporation and largely known to most (but not all) residents when they purchased their 3-F property. However, a strong sentiment was expressed that the City should not allow the 3-F Meadows' roads to deteriorate to rubble. And, the longer the problem was delayed, the more difficult any solution would become. Accordingly, three suggestions were made: 1. All possible means be investigated to determine if the Davis Family Trust could be required to help remedy the problem, 2. The City set aside a "one-time only" fund that could be used as an incentive to motivate residents living on any private road to establish a matching program (such as an Assessment District) to bring their private roads up to a level where they could be brought into the City-maintained system. 3. The City investigate a city-wide assessment district which would spread the cost of bringing private roads up to standards over the entire populous. This concept of sharing costs could be equated to the 1/4 % sales tax used to rebuild San Francisco after the earthquake. Attachment A provides a plan to implement such a program. ANALYSIS: Staff can add little to what has been said previously. The City has approximately 30 miles of private roads. A reasonable estimate of the cost to bring these roads up to an acceptable level is $3 - $5 million. The total annual revenues that are received from various sources and applied to road repair is about $750, 000. About $250, 000 of this money is used to pay for road repair crews, Dial- A-Ride and other similar fixed expenses. The remaining $500,000 is used for capital improvement projects and/or ongoing street overlay. If the Council chooses to use some of this money to upgrade private roads, the formula and criteria for disbursement must be carefully be chosen. Staff suggests that if the City chooses to provide supplemental funding for local private roads the City contribution should start at 10%. Roads that serve as a collector to carry local traffic to arterial roads should be supplemented at the 20% level. Main arterial roads (such as the unimproved sections of San Marcos and Santa Cruz) should be supplemented by up to 40%. A dollar cap should be set up to $100, 000 per year to insure that sufficient funds are available to perform necessary improvements on other City roads. It is recommended that the City investigate further any responsibility the original developer may have to upgrade the road based on the disclosure report to the Department of Real Estate. Staff will report back to Council on this matter. • IA7 WILLDAN ASSOCIATES ❑ ENGINEERS & PLANNERS Professional Consulting Services Since 1964 September 5, 1991 R E C e l V r3S�� Ray Windsor, City Manager CITY MGR. City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subject: Benefit Assessment Act of 1982 Dear Ray: After attending your Council meeting last Monday, I am inclined to suggest that consideration of the assessment process for funding street maintenance and improvements might best be divided into two phases: one, establishing a program, and two, implementing the program. 1 Establi shin g a Proar Since there are a number of options available, the initial effort should ensure that the Council is aware of these options but, at the same time, include a specific recommendation for them to address. In this case, from our limited observation of your circumstances, we are inclined to recommend your City consider the Benefit Assessment Act of 1982. Attached to this letter is an overview of the 1982 Act. This does not carry bonding authority, but it would permit you to free all gas tax maintenance funds for capital works, thus use funds raised by this process for either maintenance or small capital projects. The major advantage of this Act, as we see it, is that it would permit the City Council to call for a vote if political circumstances seem to demand it, but such would be optional if the-protest was less than 25%. In a small reasonably isolated community such as yours, implementing such a procedure by a vote, regardless of the extent of the protest, might be the easiest course for the City Council. In contrast to the two-thirds requirement of the Mello Roos, the vote for this Act would be only 50%. • 374 POLI STREET•SUITE 101 •VENTURA,CALIFORNIA 93001-2613•(805)653-6597•FAX(805)643-0791 Page 2 This first phase would establish the Act to be used, establish and quantify the work to be done, establish to what extent, if any, City funds would be used and, in a broad form, establish the assessment formula. The program would not necessarily have to be limited just to the 1982 Act but could also include isolated circumstances where capital improvement assessment districts were undertaken for specific areas at the specific request of property owners. To formulate such a program would require the combined efforts of the assessment engineer and the design and financing staff of the City, together with legal counsel familiar with such types of proceedings. The program should be developed to such an extent that the typical homeowner or land or business owner would have a reasonable esti.*rate knowledge of what his annual costs would likely be if such a program was undertaken and what his benefits would be. Once this initial program has been accepted by the Council or by the Council and voters as the case may be, the implementation would follow as a separate effort, following the direction set forth in the initial phase. We would be most happy to assist the City with these services if requested to do so. Thank you for the opportunity to present this information to the Council on the various acts, and please contact me if you have questions or need additional information. Very truly yours, W=AN ASSOCIATES Terry . Rodrigue, P.E. Vice President TR:BG:ts FWI364.LTR BENEFIT ASSESSMENT ACT OF 1982 Introduction A Benefit Assessment District is used primarily to fund maintenance as no bond funding for capital improvements is permitted. Recently, street maintenance has been added to the list of allowable items. Discussed below are the improvements allowed by the 1982 Act, the methodology of selecting an assessment formula, and a schedule showing the timing of events-required to form a district. Improvements The 1982 Act has been used in California for the construction and maintenance of drainage and flood control facilities, as well as the maintenance of roadways and street lighting. In general, it allows cities to form an assessment district to fund maintenance and operations of the improvements listed below: 1. The construction and maintenance of drainage facilities. 2. The maintenance of roadways, including slurry seals, overlays and general road repair. 3. The maintenance of public lighting facilities. 4. Incidental expenses related to the district. The actual assessments can be established by an examination of the parcels within the City and a budget for installation and/or maintenance. The budget needs are distributed among the parcels using an assessment method based on benefit. Assessment Methodology An important element in the success of establishing a maintenance district is the method of assessing the benefitted properties. In general, assessments can be apportioned by any formula or method which fairly distributes costs among all lots of parcels within the District in proportion to the estimated benefits received. These are the general criteria examined by the assessment engineer in using professional judgement to establish a formula to allocate benefit to the parcels. The general criteria examined by the assessment engineer are reviewed with the City staff to establish the recommended formula to allocate benefit to the parcel. Page 2 We suggest a method of assessment be devised that uses information which is readily available from public records such as parcel area, square footage of improvements, number of dwelling units, and land use categories. The use of available information reduces both the cost of formulation of the district and the cost of annual administration. Example of Schedule The following is a list of the main activities and a time line required to form a district. Possible Assignment of Dav Description ReDonsibility_ 0 Approval to begin formation of District City 1 Order tape from County Willdan 2 City provides Willdan with information City 10 Team Meeting Willdan/City 10 Receive County tape, begin data processing, Willdan begin spread method determination 10 Begin boundary map preparation Willdan 20 Begin preparation of Engineer's Report Willdan 45 Team Meeting - discuss Engineer's Report - City/Willdan Method of Spread 50 Submit draft of Engineer's Report to City staff Willdan 90 City Council adopts resolution initiating City/Legal proceedings, orders filing of Engineer's Report, approves Engineer's Report, adopts Resolution of Intention, sets date for public hearing Page 3 Possible Assignment of D- y Description Responsibility 91 Notice of Public Hearing stuffed and ready City to mail 92 Mail Notice of Public Hearing City 95 Personnel available to answer telephone inquiries, Willdan people - 3:00 - 6:00 p.m. at Willdan offices 104 Hold public hearing: consider protests, adopt City/Legal resolution confirming diagram and assessment 105 File diagram, assessment roll and assessment Willdan documentation with County Auditor Make necessarycorrections to roll for Assessor's Willdan new tax roll FWI364.LTR REPORT TO CITY COUNCIL Meeting Date: 9-24-91 CITY OF ATASCADERO Agenda item: C-10) Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works SUBJECT: 5-Year Capital Improvement Plan Modifications RECOMMENDATION• Direct staff to either move forward with or modify the 5-Year CIP as appropriate to address road rehabilitation. BACKGROUND: On August 27, 1991 Council expressed the desire to re-examine the • recently adopted 5-year Capital Improvement Plan. One purpose of the review was to determine if some money should be reallocated to provide funds for the upgrade of Private Roads into the City- maintained system. Other modifications to the 5-Year Plan may be desired by Councilmembers. ANALYSIS: The 5-Year Capital Improvement Plan is a planning document, not a budget document unless and until specific projects are included in and adopted as part of an annual budget. As such, the Council can make changes to project priority and scheduling either by formally changing the Plan or simply giving direction to staff to clarify Council's desire.It should be noted that the cost estimates and the timing of all the Capital Improvements in the 5-Year Plan are preliminary and are not based on any planning or engineering study. This is especially true of the improvements to E1 Camino Real where costs could vary by 25%. Trying to "fine tune" the' 5-Year Plan can be somewhat counterproductive because the document is acknowledged to be a "first cut" that has inherent inaccuracies. The 5-Year Plan recognizes that a program to supplement the improvement of private streets may be necessary, although no dollar values were assigned to this project. Staff feels that the Council can simply affirm that a program to provide supplemental funding for private roads is a priority. Any rearrangement of the Plan can be accomplished at the yearly update, and/or by specifically amending the current years' capital budget. If Council wishes to eliminate, scale-back, or significantly delay a project currently on the 5-Year Plan, such as the improvements to E1 Camino Real, then action is called for. Fundamentally, staff uses the 5-Year Plan as a long-range planning document. In summary, if Council wishes to allocate and/or reallocate monies for the improvement of private roads, or any other identified capital project staff can be directed to amend the 5-Year Plan to reflect that desire. Attachment: Memo from Councilman Bonita Borgeson dated July 30, 1991 5-Year CIP 0. M E M O R A N D U M To: Mayor Alden Shiers From: Councilmember Bonita Borgeson Subject: Five-Year CIP/Roads Date: July 30, 1991 Thank you for the opportunity to submit items of interest for the City Council' s agenda. I am suggesting an item for the August 27th Council meeting. In light of what is developing with the private roads throughout the City, I propose the City Council review our Public Works Five Year Capital Improvement Plan at that meeting. We may wish to re- evaluate our list of capital improvement projects and the priori- ties assigned to them. On July 9th, we heard from a group of residents in the 3-F Meadows area. Their concerns centered around the fact that, while they have paid gas tax, they have not received the benefits of that tax. As you know, the City has not placed any of the gas tax money in an enterprise fund which could be used to bring the roads in that area up to an acceptable standard. I anticipate the City Council will also hear from the residents of the Las Encinas area as soon as the question of ownership is re- solved. Of course, there are still many private roads scattered throughout the City. Most of these roads are in bad shape, and lack of resources preclude the people in those areas from forming an assessment district. The Roads Committee has been diligently pursuing a solution to the legal aspect of ownership of the roadway system throughout the City. We will bring the matter back to the Council on August 27th. I assume that the Council may wish to explore various options as to the long-term solution to the problem. Whichever solution the Council considers, however, we will most certainly be constrained from participating financially if we have not budgeted for capital outlay. Therefore, I propose the Council re-examine our Public Works Five Year Capital Improvement Plan and consider giving a high priority to engineering and construction of our private roads to bring them I up to acceptable City standards so they can be brought into the City-maintained street system. I do not agree that median stripping on E1 Camino Real, at a cost of close to $1 million, is a higher priority than a complete and comprehensive system of roads which will benefit our circulation City-wide. I have spoken to our Public Works Director about this option. I was assured the Council can re-prioritize capital improvement proj- ects at any time. The plan is flexible and is not intended to be cast in cement. As a matter of fact, staff brought up the matter of the private roads at the time the Council ratified our Five-Year Capital Improvement Plan. Please include this letter in the Council's agenda packet at the meeting of August 27th. c: City Council Ray Windsor, City Manager Greg Luke, Dir. of Public Works BB:cw 2 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor , City Manager Meeting Date: 2/26/91 From: Mark Joseph , Administrative Services Director SUBJECT: Five Year Capital Plan RECOMMENDATION: Staff recommends Council endorse, by motion, the attached five-year Capital Improvements (CIP) Plan, recognizing that actual Capital Improvement Projects and dollar amounts are subject to inclusion in any given fiscal year budget . DISCUSSION: The attached spreadsheet is in fact an update of the original five year plan adopted some two years ago at the time we Phased out the 50a Developer ' s Tax as a result of AS 1600. In addition, the City ' s CIP Plan requires review by the Planning • Commission for consistency with the General Plan. Department Heads will also be available to explain or clarify specific projects shown. Gas Tax - Up until this time, this revenue source has been used almost exclusively for road improvements. However , it may be appropriate to reevaluate how we spend Gas Tax (and , to a lesser extent , LTF/non-Transit revenues) . First is the fact that both funds have grown to almost $900,000. This is primarily due to a delayed fall program, the result of both problems in timely scheduling as well as a desire to have Council review the prioritization of these funds, in conjunction with all the other eligible projects subject to Gas Tax . Perhaps the greatest concern by staff relates to the Lewis Avenue Vehicular Bridge, and whether or not, as a result of reallocating Gas Tax monies, this project could be brought forward by several years. As it is, staff is showing construction to begin at the end of the fifth year (FY 94-95) , as opposed to 10 years, in the prior plan. Concurrent with this is a recommendation from staff, based upon the increasing negative reaction to the Atascadero Creek Pedestrian Bridge, to roll the $60,000+ budgeted into the Lewis Avenue Bridge, bearing in mind that a pedestrian crossing will be a part of the new bridge. l r A second reason to re-evaluate Gas Tax spending plans, relates to how these monies may be used as "seed money" for Assessment Districts, as Greg Luke' s attached memo suggests. Of particular interest is the 3-F Meadows area and the Wells Fargo/Private Roads issue. General Fund Support - With respect to capital items reflected in Police, Fire and Parks/Recreation, we should point out that their timing is heavily dependent upon our ability to supplement whatever grants and/or developer fees, with the General Fund. Our concern, of course, is that, depending on timing, the General Fund may have to initially absorb a greater share of some of these projects than we would otherwise have recommended. Assuming that, for whatever reason, Council sees fit to place greater emphasis an other projects which might encumber the General Fund ( i .e. , land purchases) , then this might well necessitate a deferment of one or more of these capital projects requested by Police, Fire or Parks/Recreation. Such questions will , of course, have to be reconciled as part of future fiscal budgets. Administration Building Renovation - This is a combination of the $84,500 already budgeted for office remodels and monies for Rekeying ($5,000) and the new Downtown Streetlights ($3,000) . c\5yrcapital m 3 a I 1 t a 1 ► ► U C M O 1 0 0 0 0 0 0 0 1 O 0 0 0 0 0 0 0 0 0 1 D W N N N N N N N N N 1 N N N N N N N I N N N N N N N N N N N I O n N ro n I 1 1 N I 1 1 V O N 1 t I Z z it I 1 1 M CL 1 I I o v n v 1 m I 1 z • a 7 N a > > > > > > > > I C > 1.6 - 11 00000000 1 ro D t D O 1 _ If I L 1 t - 11 0 0 0 0 0 0 0 0 1 0 L 0000000 : 0 0000000000010 • O• O• It O O 1 0 A O 0 00 1 0 C \ 1 N O O 1 0 3 m O 1 0 O in 1 In O T n 1 _ I I N •• O• M O V7 I 117 U V7 1 N O n I n « \ n 1 P < Y N .o 1I ♦ COW N • 1 O>- ro ro N I L 1 I .J T a 0 0 0 0 0 0 0 0 1 0 « 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 m < O• n O 1 0 O O l 0 O 1 0 L U I N O I O V O O 1 0 O 1 0 • A N Pf N 1 L 1 C 1 D L. o• a O I O ro O u7 U. N O 1 0 to N 1 C >. n N I N 7 >LL N 1 tl 1 1 I- m M 1 V 1 1 O If I C I I N m N 00000000 l 0 7 0000000 : 0 0 0 0 0 0 0 0 0 0 0 0 1 0 W O• N O l o w O 0 0 O O O O 1 0 LL IY I 11 O 10 O CIO O . O O O 10 F J O t o m O to 1 to C tri O to I C \ 11 V7 1 N > In N 1 O �• Pt N N I O z 0 ).- N 1 - I N t - A Z LL 11 1 m 1 1 F- w It I U 1 I tl a u I I I ro x N n 00000000 to !. . 0 0 0 0 0 0 0 1 0 00000=0000010 0 W ? aO O p 1 0 a O 1 0 O O O O 000 1 0 1 N O O o 1 0 a « o I O O O O O 0 0 0 1 0 N 1 - C a 1 - 1V w 0• n V7 O N 1 O A O VI I N O O O C V7 N V7 I U7- t- n N O N I G L U N I N PI PI IV N - I n u Y N W LL M 1 -- • I 1 « z O n 1 U « I I ro < C - n 00000000 1 0 0000000 : 0 0 0 0 0 0 0 0 0 0 0 0 1 0 L J 0. t7• a O 00 O t o tl '� O 0 I V a I n o 00 0 I o A 0 0 1 o I 1 o n 1 I I >r tr n o to o 0 1 to- v o 1 0 1 w a n o no to I Ns L o t o 1 T A N I N 1 a I ro a 1 1 C 11 1 3 I I 7 N D w N 00000000 I O G a 0000000 : 0 0 0 0 0 0 0 0 0 0 0 0 1 0 LL • t— W N n 00000000 I O T« 0000000 0 0 0 0 0 0 0 0 0 0 0 0 1 0 U z I•' O 1, 00000000 1 O 0 0 0 0 0 0 0 1 O O V 7 0 0 0 O O O 0 O O 1 1 n — « W < u 11 _ _ _ _ E E n 1;00117 to OY'10 I O tl OOO Vf Ntn to 1 O on Otn000 V7 tnNtn I N L W 11 nNOnnOi\ Vf 1 O QtA NONNN NV9 I Pf '� PITPI Pf P1 PfNNN - 1 l"f m > H n I en C a O N N m W n I N .— • 1 — 1 V-� (L n 1 ro - 1 1 I ro n Z J V o J J v N V < n I- ro 40 o - o a o tl o a ro t- If m •w A 1- ro < 0 I- « ►- • J a ¢ « m : m « LL mm v co m (L n !- a N L m :1 a 0 = O m LL < n N ro 19c N c v N N L N a U N z W • — NCO o — tl \ ro t— « « — L • If o a • V o_ 0 ro N m v N c a v a Ir w N u o 1L A 3 ro .� m « v L w o ro o. ro < J n W E � � « L o - v W I.- If G' - A UC -VE - - < -'- O -' m LL - J 1 H n 2 a C N O • A - 3 m E > V a 1 V A • > I m a « - > t- n - < croroo I Cv 3r > v > 1- a> 0 1 w 04. U a H •In L at 7+< c M O V U- \ z L ro z I U LL W N U C V I 1- • A M•- \ ro l - o W m Q 1 a O >•- '� ; O ro - t 3 c - - u z o A a E Y c 10 C ro o D L O O n cr (1) vQG A - A 0133•- a L W L o A VU « T « z crn1.- 1 -uAUNro c • - V - o < > ror 0 rowV 3 < 1 a W d It N -- L W C • 1 C Ott F- o m E 0 cr O \ A • m \ OC •••- o n z - va \ A L 0 C" -1- M • V L c 1r Of0 0 >- - v ND < N O L A N N < r• — N H m L m ro O. • 7 « « < > s W W U II U ro A U 7 \ A L N - O L < I N E > 0 C O C \ U r N a D a L V . L A U J L U \ \ • \ ro - N o (S-- O ro C L O tY C < II tY L r c U Cr 31-- to U .- « - L ro a -' A « « \ L • U V C •- .0 • L p m n 0 7 A O\ O - �« - m O a -� o C V « D U N 4. �- ro A ro A A > • O E < n U A N A �+ A w w E < E m 0 0 0 A • < • • O'� L C « CO < L N a 11 < \ « \ - to C E \ A L I > « Z E L - O -- « o m a - a LL If E C c 1Y CIO 3 -m Is v W c A L D. « o cr a L 0 c c - a 0 C ro c v m o n IU 09 IV 0 MU L I- a M — L o •I - a - m 0 0 A ro 0 c 0 ro - 0 z a N N WN WN < OdW H : 00auw W> cxCU3InNuwEN » — a r n D D O D < < z z n o O u u cr 1r E LL N 3 N 1 1 1 wu-O q h- F-t- H H 1 0000000 000 1 ; e NN N 1 �m N Nc71NNNNNNN 1 N NN N wool 000000000 ! 000 000 ; 0 �+ N In m IrCO.•mO.•mmm I I I Z V z N e..le�e.� e� C� 000 I 1 I I 1 q 1 LL LL 4. IL 1 LL LL LL I.S. LL LL I.A. 1 000 0 00 0OU0 of Z • A 1 1 . M N N > > > > > > > > > I > > > > > > > > > > > 1 >> > >> > > > > 1 IL - N 0000000001 00000000000 : 000000000 11 A V7 N 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0 O• P q c o o cc 1 0 O 1 0 0 0 0 1 0 O \ t q oov oo t v o I o v+ m N 1 - - I ' N .. P N Y7 N Vf O V7 1 O e N I N ^ ^ A7 1 0 +' \ ct " ^^ ^ N^ 1 v) • ^ I ^ cn w7 P C r7 < r A - - •� P m 1 N V 1 O O w LL q I N 7 1 i O q 1 O 1 J < p 000000000100 0 0 0 0 0 0 0 0 0 0 0 1 0 00000000010 e < P q O 1 0 O 1 0 O O 1 0 L ✓ U1 N O 1 0 - O 1 0 N 0 1 L A N N7 Ai '� 1 in O -P A O I O L V7 N en 1 ^ O C LL r n -O 1 •O 9 - 1 1 � 7 r LL M I 1 I i O C m N \ It •- N N N 0 0 0 0 0 0 0 0 0 1 0 a O O O O O O O O o 0 0 1 0 0 0 0 0 00 0 0 0 0 ; 0 LL W Px O O 00 OL I A cc N H P N v1 N I V) In x'1 1 0 In ^ N I N x II ^ ^ I E � ^ r,^ 1 O t 7 O r n rn - N 1 ^ 1 F- Z LLx 1 O 1 1 a w L1 1 IV a. A t W 1 x N x 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 00 0 10 V wa. q O I O V 000 O 1 0 O to N 1 N O I O e 000 O i O t - V O - n - 1 ✓ - In W 1 N P Ii U7 I V7 U O O O V7 1 N I -M O O •- N - 1 1 N U 1 •O 1 a u �. q - 1 �- ei N N x C W LL n 11 • 1 i z 0 It I < cr n 000=00000 # 00 oov0000000010 00000000010 0 J a Cl. x o I 0 .- cc t o o N 1 0 1 lL 1 q O i 0 e cc 1 0 m 1 - w O 11 - - It Vf ^ 1 of 0 P N O I O U In O ^ n I ^ d x .p 1 •O C ^v I N I .. A V v t LL x p 1 D N OI- n o000000001o 0000000000010 00000000010 LL • F- W N n 0 0 0 0 0 0 0 0 0 1 0 9 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0 O Z H o n 00000 0 0 00 1 0 00000000000 1 O In w,in 177NN Ino0 ; 107 A m w < U N . . . . . . . . . . . . . . ^^ ^ ^ ^ ^ ^ 1n v7 1 NL g S N In v7ou7Nwv) vm 1 v7 In 00 In In In v7 v7Nv70 1 v w A ^ ^ O^ ^ ^^ N^ 1 ^ •• ^ OO ^^^ N^^ ^v7 i n to In In tn� � - - i N > C 7 -Pm 1 •O a PENN �• -- - 1 e 1- n - - -r7 .o �' t O N N - I 1 W w N t N A 1 I 1 7 CLW q ! J O < < 9 M N t < M - r F •- C J n s 7 m ►' ^ 3 O N O a A 1- N • * u 0. N Co .- W.- A at e L :51 u - .. N w N CL 7 N a ✓ V ✓ A t L h L L a 11 A < N • L 1N Ot L O tr 9 ..- U • e • N O 4 A 7 M --cD L A Z O (L L> O W > O.'N tY W N E V N O at t7 a a L 7 C Q• \ O 'A e < J q L • - L ✓ A 7 V •U e O L - - - L L J N ~ N N • 7 9 L • C e7 3 U \ O W- 7 L - 1 .. 2 O r C 7+ �p 0 0 �0 • u> < a \ M 1 •� ip • L N W �' o.✓ 3 E N " • • w p . O .. - O1 • N C -- LLL A >. E LS 2 OM v� O ✓ > F N �[ ata[ • C w .-lz O a O\ D 3L W eU -� U ✓ • I O • 0)00 O L Z11 > 'A u p L L L« N A �� L W o o l L E 0 7 1 O m w u CL LL ' n V U U< 1 t ✓ 9 ti 1. 0: q V L -•-U A C ✓ C W\ L O.L O L O O A a a a m m< ✓ C L L \ V E e W-C \ D U) d C b • \ O • a A d n e e e✓ .. .. L ip 3 N1- o w - < = I u N --2 E a > w c - ou - W O. 11 > > > ti ✓ m O F \ E - L\ \ CL\ • L < - N A \ •«C. -; -D NO 0 II N -v v .6 A 7 7 at � W 0 N - V E U W e L V • W`� 3 q D Ip L 0 • e w u n N N cam �-W 3 v ~ o cL 9 Ccu0 0ca u o • • s OF W 0 7 > L C D 1- • \ -V < n '79D9� JJ«U " 0• e)r E \ I a-- V \ \ 9 2 OCm N C .L. A • O E � cr N O< e .- a V C N a •< n C - - 'N a A M a J '� sN o< G - w ✓ ✓ ✓ at O a ++ \ G 7 J�« s a z \ LL l a DDD c C c 3 3 4 E V C C cr 7 C a. V- 'p C 0 7 C C L L G C E V up e O II W • • e ti �! '0 A • " Y Z NN W < N V JI- L < N m W1- NNUd UNIY Z a A G�Ci>C�NNNJJ < O 0< r n 0 t Z x lY cc � LL u It m U, 3 p 1 1 yt O pH HF ►- HH F- F HN F 1 000 i 1 U- a O O o 000 OOOO O I 0 0 0 m m a 1 1 7 m 11 1 1 to m p 1 I 0 o a t I I 1 Z 2 111 LL I.I. I.L. LL w LL LL LL LL w LL LL LL LL LL t LL LL I.I. I.L. I C m N 0000 U U U U U U O D U U U 1 U U U U 1 = In M > > > > > > > > > > > > i > > > > I ,. LL `• a O pQ compo 0000 1 00001 N I 1 In a O O O O 000= 0000000 I O 0 0 0 0 1 0 e P P N O O o 0 1 0 0 1 0 C \ t q O 0 0 0 1 0 O ( 0 O to f N I 1 - N ••P N1n Np7O 1 N 0 1 0 « \ m 1 n N N to I n P I P a M < r If -+ - -• I f 1 c - O W LL N I 1 O r a I 1 Q If J f 1 0 0 0 0 00000000000 : 0 0 0 0 0 1 0 e d P N O O O O t 0 L C,t i N O O 1 0 O 1 0 m IV COM N 1 1 - L 1 0 O 1 0 «� 1 In •O I •O O C r p M I M 1 1 7 r LL 11 1 1 F Q to p 1 I O M 1 1 (AM " Oo00 00000000000 ; o O O O 01 0 •• W P M O O O 0 cc 1 0 LL m l N O O O 1 0 O O t O H F- P If O C o 1 C 00 1 0 J\ 1 O N 1n 1 0 N - I M x 0 )._ It N I •O 17 Z LL It 1 t F- W 11 t I to d 1 1 X N N N O O O.O 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 U7 WO. " 00 o 000 1 0 00 1 0 I Q1 11 00 0 000 1 0 00 1 0 In _ II I 1 v w P n o In o a C to 1 o In o 1 In H 11 0N- O Mx7N I M NN t f U r N M - 1 •O I IS W IL a t C � n 1 < - n 0000 0 0 0 0 0 0 0 0 0 0 o i o 3 0 0 0 0 1 0 L J d P n 000 a I n co l 0 c t 1 o If 1 1 P 0V;Ni t 00 1 2 If f 0 1 u7 O 1 U LL It1 11 I o 1 C If I 0 I 2 In Q F N 0 0 0 0 0 0000000000 t O M 0 0 0 0 I O LL F- W N n 0000 0 0 0 0 0 0 0 0 0 0 0 1 0 • 0 0 0 0 1 0 u Z 1- O n 0000 W < U x E E N Irf u7ON7 00 OOOItf InOtnlnO 1 In m In000 1 In L W - Ii f OON a 0 0 M O NN 0 NN W7 1 O m NO-P I N m - > I- n -• M -N M - - - -• -- I N - - f N C m O to n 1 3 1 m m cr W n I M L 1 U - a p 1 e I I b L If L LL N 0 q < o e < a L,• a F- •- c < N c o •- - r o o to IV I- n a P Y 1- a LL u n N. m a y m o \ « a m m a p 3 « o o m 3s c IVo LL - L N 7 nom N m U n C e« L C IT H « m .- L e If O « w C e 0 c m m m W p - C L C W 07 L N Q A- n A < J a +• 0 0 0 C L e O « as WF q n1 E C m 3 c f O -2 to D -•J It C O E W Of C ti e c n0 h L 41 n « e a.- u\ m m > ►- q m - ate+ o EVdm - m C Q « u n m 0 1 v LL W n a to .. « a 7.2910 o•-In m N to L o > ^ n -ac M •- c - uce c c w ea « oL 0 oN aWL0 m_ o < n .9gca - ew L « I ti m m m N e e 6 e p L « W EL N C C CP« C 7 ++ m 7 n e to .• -- Q n O - C V O Cr U m In < - N I- LL LN nr E a to Q a F- 0 0 0 W v utn« c « n« < L - �.�c3a1 LL m unUua v « N 11 H M W L m q « U V V U L 7 tJ �' W • E m C ® < 11 U « (Am r a m C m C m U v e 6 0 m m c O 0 e H 11 W In a In C c O e 7 U m« « C1 E O a C U O E < it ZP o mo3MO -v (P7 m mow - mm xoeue - 0Jv►- L - LVo 'o « a•- LYs m LL n m L m L a L e 0 o e E c c o m a 07L m 0 in O a s •- m b E 3 e E o m ro m w W w n m w 2 m q LLmLLmLL wt- m wu -1 = Um 011m -<m Q r n W J Z 1- q � C > n u 9 o. LL LL -• p I I t n 3 a I 1 V R 0 0 0 0 0 0 0 0 0 0 0 0 O t 0 0 « L 0 0 0 0 0 0 1 (y • N 1 u s I Sao x I N •f 1 0 -0 : IpN I O - V 0 : 0000 0000 00 cD I n 3 1 z z N t 1 n LL LLLLLLLL LLLL LL4 LL LL LL LL LL 1 LL • J LLLL LLl�. LLLL I 0 • n 0 0 V V V 0 0 0 V 0 0 0 V 0 1 OLL 0000001 z 9 11 1 7 L 1 D tnN » » »» » > I > » » » 1 LL `+ a OOOOC COOCO 01 00C 00000121 U7 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 O O • O 1 0 O N • P P II 000, O 0 1 0 O L 1 on C \ In 000 o olo « • 1 Ina o - N •• P N OOUf C O 1 V1r >.�► 1 N p « \ M N O In O 1 n L N N ro N < Y N - W 1 P 9 i N N C O W LL N 1 - O. - E O >• n -• 1 - O ro I h N O M 1 L D L I N J s N O O p 0 0 0 0 0 0 0 0 0 0 0 1.O n O O 7 Of O 1 0 OR • < P N O O O O O 1 0 C O 1 O a L IV N 1 N coo 0 0 1 O r - L 1 o a • 0 -P n C 0 In 1n In 1 W3.V v n 1 O N LL 11 N O In - 1 0• L T-• 1 N O c >. n - N 1 t" ✓ C 7 I N a 1 7 rLL It - I • r n H cc m N l o s« p NI•f II 00000000000000 1 0 00 • O 11 0 O a W P II O O O O O I O L U L 1 -- - 0 LL IY 1 n O O O O O 1 0 • O r O 1 0 U7 M F- N II 1 -✓ L C H P it C Uf to C O 1 0 ro O.O •O I •O m N \ n In P N I o• 3 i n I N to a N 1 N r l 1 n a ro zU. 11 1 N •N 1 - q F W It 1 9 C 1 N a • a. X NN 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I O ro 0 0 ro C N 1 N N p V W 0 0 0 0 0 0 0 1 0 • 0 0 01 N I N N p 1 1 q I q 0000000 1 O - 00 ro v n I n 1\ N m wP n ooa;min �In I L oo • s m c c c t m to n S t- N O N N N-- I C O O W v n •0 0 0 0 1 - P N •- u >• n O 1 to \ C I N N a NI W LL a - 1 - v • - r ✓ r 1 a « •9 N •- t -• C E v V U U I p C Z O q 1 ro E -• ! 1- 11- IM 0 . 1 M ro < M - II 00000 000000000 1 0 0000 m L L L I M to N L .J aP N 00 000 000 1 o C Ut •0 I •O •0 a 0 0. 1 N 00 osIn InoN I P C • - vvv 1 - O N 1 _ 0 11 1 19L • I - a K P 11 0 C nn - NU709 1 0 E v N - •-- I N •O N 0 a 1 O In - <7 - P N - 1 I-1 - C C •O. .4040,) •O !7 N N n m I In O • U U U '1 •O N u LL a 1 • - E n 1 Z 9 E 11 1 • 0 0 0 0 1 n 7 40"40 1 0 • 0 0 - U m U U U I m m N LL f- W VI x 0000000000 0000 1 0 9 00 E • P I P P n U z 1- O M 00000 OOOU'l Otff OUlO I P r 00 E L co O1 OIT I m n W < u p I ro - O C C C 1 N ro • II O ONO V) U]Nn - O N OU70 1 P1 L OOU '� `0 O O •• I •O D N L W - n ONONI\ ePfN -PPO - O 1 v 9 OUf 4. 022 « ✓ « t N •0 N • > !• q N -N N-- N m I •O li - f1S ro N - I t7 U7 II C • 0 U1 11 - I - O .a «. C C ro ro ro 1 - N • • IY w 11 - - 1 . aN 00333 I o N v - IL n 1 >. : : s : s : : 1 - a I ro L It r LL In n « < u ✓ < TO J a u c r < n • v • � ow v o m + t- a 0 In c • t- 0. I- • J N O 9 ✓ � O « m � m • < n O a. C C • IN nN U r ro 1. 11 t LN-- E • « •• • 4040 cz W n < ro « 9 > • v o 9 L O E ro < J n W « ro > o E • C 4► a O. • -lei - 9 L 0 0 >- -- It OF 010 L O. > gm (mat O. W 3.. v • 1 M- N W r C C C E O L C v a c v > - W II m v C 9 E - L Vf Q1 V- C L C 7 L >.L • • > 1.- n • 9 « IY- O.•+ a L ro • In O « L O C L • O « U n 0 ✓ E« L at E - E n J 3 r W 0 I► 3 v r 1 u LL W n Z ro N O. C T v �[ L - L m tN Uf O U r E O-- L > - '� N < E +� O 9 L L ro 9 •• - W ro •• 7 L 7 0 m O L 0 o n - c - E J ro roti W r C 9 • x -�-« L 7 • � mL>d L IY K It UI r • • 0. >-d L C O In C L • 0 7 40 .0 I- • 1 t 1 1 O ro • W d ti W 01 E > O r a[ ro 9 •- t • ro E cr U -(L \ • 1 1 1 1 C 0. 0 11 •-W • •- L C >. •CL 1 v IL O G. L ro 9 ro x at >f r ro N 0 < t1 t- 1 > 0 9 7 0 .0 9 -0 01 L U -N a « L L L L L L E w U n - 1 O > O -3 L • >, L v -9r 9 N U L • U ro 0 All ro « U « U) it J C L a9U ✓ Um ✓ r -0 9 .0 7 • ro -v LatLad IN - 1Y c ` < It -• O G 110 ro U ro •- 9 m • O U v 03 7 . 9 • ••- v J m • J H 11 U - E 3 • L - ro J C . 3 v w -.0 a Y Y Y Y aro < O E J < II < - - ae - O�« E 7 C C • L z tl • c ro a m 19 '0 ✓ M- N • it LL 9 C n w 0 9 E m r 7 < - v r • v J J J J u N O • LL It > O • ro C L ro - ro E E E C L o J ro ro ro • C 0 • ro o L L 9 0 L ro O v a 7 0 3 J L OY L ro 2 • • II In O. INuF- t- uI- a < u «In z wF-(zN0 -1 o - • r nx u z o < t- n N < 2 n < z 0 u n n. E V LL REPORT TO CITY COUNCIL Meeting Date: 9-24-91 CITY OF ATASCADERO Agenda Item: C-2(A&B) Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works SUBJECT: Analysis of adopting a curbside recycling program and franchise agreement with Wil-Mar Disposal. RECOMMENDATION: 1. That Council adopt Resolution 96-91, instituting the Integrated Waste Management Plan, including the associated rate increase as pe= , terms of the Agreement dated 9-24-91. 2. That Council adopt Resolution 95-91 authorizing the execution of Wil-Mar's revised franchise agreement. BACKGROUND: At the July 23rd meeting, staff brought before Council a status report on the Integrated Waste Management program as an informational item. the focus of discussion was Wil-Mar's proposed franchise agreement and the curbside recycling program. The direction staff received from Council was two-fold: 1) examine the benefits and drawbacks of a competitive bid situation for curbside recycling and 2) investigate the experiences of other jurisdictions with existing curbside programs. Attachment B is a memorandum to Council addressing these issues. DISCUSSION: Based on previous Council action and research into the appropriate legal, technical and financial methods for implementing the Integrated Waste Management Program, staff suggests that Wil-Mar be authorized to implement the program. To compensate Wil-mar for their additional cost, it is recommended residential single can rates be increased by $1.00 per month, and residential rates for 90-gallon carts be increased by $2. 00 per month. Up to $1.00 per month can be used as a rebate program to serve as an incentive to those customers who participate in the recycling program. The accompanying resolutions authorize these programs. Enclosed are several attachments for Council's reference most of which are from previous reports to Council within the past year. Please note that Attachment A is the Recycling Committee's recommendation. Attachment A: Letter from the Recycling Committee to Council Attachment B: Memorandum to Council from Greg Luke analyzing a competitive bid versus a franchise contract Attachment C: Letter from Wil-Mar Disposal Attachment D: Staff Report from July 23, 1991 Attachment E: Staff Report from January 22, 1991 Attachment F: Franchise Agreement From Wil-Mar Disposal Council should be reminded that the curbside program includes curbside pickup of traditional materials on a weekly basis, curbside pickup of green materials on a monthly basis and a rate increase which Mark Joseph addresses in report in Attachment D. RESOLUTION NO. 96-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING WIL-MAR DISPOSAL TO IMPLEMENT THE INTEGRATED WASTE MANAGEMENT PROGRAM WHEREAS, the City desires to conserve natural resources and preserve the capacity of the Chicago Grade Landfill; and WHEREAS, the Council is mandated by California Statutes (AB939) to implement a program which will reduce solid waste by 25% by 1995 and 50% by 2000; WHEREAS, the Council has embarked on a Integrated Solid Waste Management Plan to reduce, reuse, and recycle Atascadero's waste stream; and WHEREAS, additional fees must be collected to implement these programs. NOW, THEREFORE, BE IT RESOLVED, that the City Council: 1. Wil-Mar Disposal Company be authorized to implement an Integrated Waste Management Program, incorporating the Curbside Recycling Program to collect various recyclable materials, including Green Wastes and, 2 . Wil-Mar Disposal Company is authorized to increase trash collection rates for residential customers as follows: $1.00 per month for single can customers and $2. 00 for 90-gallon cart customers. A rebate of up to $1.00/mo is authorized as an incentive for those customers who participate in the recycling program. On motion by Councilman and seconded by Councilman , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: CITY OF ATASCADERO, CALIFORNIA LEE RABOIN, City Clerk ALDEN SHIERS, Mayor Resolution No. 96-91 page two APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: GREG LUKE Director of Public Works RESOLUTION NO. 95-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WIL-MAR DISPOSAL The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The City Manager is hereby authorized to execute an agreement with Wil-Mar Disposal for waste disposal services within the City of Atascadero. 2 . The City Manager is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the 24th day of September, 1991. CITY OF ATASCADERO, CALIFORNIA _ By: ALDEN SHIERS, Mayor ATTEST: LEE RABOIN, City Clerk ATTACIEWENT RECYCLING COMMITTEE Mayor Shiers and Council members Sept. 17, 1991 The Atascadero Recycling Committee would like to take this opportunity to address the issue of curbside recycling, a matter scheduled for the Councils consideration in the very near future., Prior to presenting a proposal on curbside recycling and other solid waste management strategies to the Council just over one year ago, the Committee spent months researching the options. Through individual effort and with the aid of a private consultant paid for through a grant from the California Resource Recovery Association, the Recycling Committee gathered information on recycling programs planned or in operation locally as well as throughout the state and nation. An analysis of this information left us with the following conclusionst recycling is only a small part of a broader, more complex system of solid waste management: legislation mandating recycling is commonplace= recycling technology is expanding at an awesome ratez the methods and procedures of individual recycling programs vary tremendously: and the throw-away mentality of past generations is slowly beginning to change. With these factors in mind, the Recycling Committee designed a curbside recycling plan for Atascadero. We established several criteria that the program should include. The program should: be affordable, with the costs shared equally by all members of the community: be versatile enough to expand into other segments of the wastestream, i.e. multi-family residential and commercial; have the ability to add new materials as recycling markets develop: be depen- dable and convenient to uses and have an ongoing public awareness and education component. The proposal that we put forward at that time met these criteria but was not implemented. As the Council debates the Pending Wil-Mar curbside recycling proposal, let it be known that c/o Natural Resources Specialist • 6500 Palma Avenue, Atascadero, CA 93422 • 805/461-5020 the Recycling Committee is in full support of this proposal and recommends that it be approved and implemented as soon as possible. Please keep the following factors in minds * The current proposal meets all the criteria established by the Recycling Committee for a state-of-the-art recycling program. Other curbside recycling programs in the county do not meet all the criteria. * This will be the only program in the county that includes greenwaste. * If participants fully use the coupon program offered, it will bring their monthly recycling rate down to fifty cents, inclu- ding ncluding greenwaste. This is the lowest rate of any program in the county. * Implementing a new program takes time. There is equipment to purchase, materials to distribute and customers to educate. Further delay only contributes to more resources being buried in the landfill* The Recycling Committee feels that putting the curbside recy- cling service out to bid is an unnecessary exercise in futility. As tax-paying members of the community, we appreciate the Councils efforts to assure us that we are getting the most for our money. As members of the Atascadero Recycling Committee we share this re- sponsibility. We feel that the Wil-Mar proposal on curbside recy- cling currently before the Council gives us the most for our money. We have determined this by comparing the costs and services of- fered in this program with other recycling programs in the county; all of the other programs charge more for fewer services. In addition, prior to presenting our original proposal to the Council, we met with a representative of Waste Management, Inc. , one of the largest waste management companies in the world. He was impressed with the thoroughness of our proposal, the cooperativeness of the local waste hauler and he encouraged us to carry on. He said that 2 his company would not be able to provide the same service at the proposed price. While cost is not the only criteria used to evaluate a pro- gram of this nature, it is the one that is most often in the public spotlights therefore, we have given it the most consideration. Other criteria and the unique nature of this issue have been ad- dressed by the Recycling Committee and/or staff in previous reports and Council meetings. All factors considered, the Recycling Committee feels that the residential curbside recycling program proposed by Wil-Mar should be approved by the Council and implemented as soon as possible. Respectfully S-4 ltted, r s'r_jlG James Patterson for the Atascadero Recycling Committee 3 AWACHM ENT B X 2 X 0 R A N D U X To: City council From: Greg Luke Subject: Analysis of competitive bid versus franchise contract for recycling services. Date: September 18, 1991 BACKGROUND: This issue of how to select a firm to perform the tasks of collecting, processing and disposing of recycled material has consistently been raised by both members of the Council and the public at large. Two alternative methods exist: 1) Attach the function to Wil-Mar's existing trash collection contract, or 2) solicit public bids from qualified firms to perform the recycling function. At the July 23, 1991 Council meeting, Council directed staff to examine and analyze the subject, particularly with regard to how other Cities have handled the problem and their experience. ANALYSIS: Recycling is a relatively new city function. Prior to the passage of AB 939, only a small number of cities took on the task of providing a recycling service. For the past 30 years or so, recycling had traditionally been performed by environmentally . sensitive, non-profit groups, such as EcoSlo. A few "buy-back" centers were available for aluminum cans, newspapers, and select other material. Today, each of these three groups: waste haulers, environmental organizations and buy-back companies have evolved into different roles in different cities. Which organization eventually achieved the principal role in recycling depended on many factors. Organization, past performance, personalities, and sometimes chance were elements of selecting the structure of the recycling program. To fairly and objectively compare Atascadero's situation to other cities, it is important to understand that the current structure of recycling in a particular city often depends upon how recycling was introduced into the city initially. Equally important is the relationship the city has developed with the various parties. If the city was discontent with the initial provider, a change was often sought. Similarly, past good service usually prompted continuation (and expansion) of the existing program. It is useful to summarize the advantages and disadvantages of selecting a recycling firm both by bidding process and as a franchise contract. Franchise Contract: Advantages: 1. The City Council has sole authority to establish rates, all of the franchisee's financial data is available to set a fair rate. 2. The City Council can use the rate-setting power to enlist quality services from the franchise holder. 3. The franchise holder is held to one standard: provide good service. Disadvantages: 1. Fairly regulating a monopoly can be a difficult task for City personnel. Reviewing the financial status of the franchise holder is often one task among many for City staff, while the franchise holder can well afford to spend the time necessary to present the financial situation of the company to its advantage. 2 . Few effective controls are available to hold down costs. Only rough comparisons with other companies serving other communities provide measure of the franchise holders relative efficiency and expense containment policies. 3 . Exclusive franchise trash collection/recycling agreements are readily marketable to large national firms. Franchise contracts with long terms and favorable conditions can readily be sold to a national firm with whom the City has no operating history. Bound by a contract that was developed originally in an atmosphere of goodwill, a City can find itself in continuous litigation with a new firm that is seeking to maximize profits. Bidding: Advantages: 1. Free market competition forces maximum efficiency. Parties bidding on a recycling program will cut costs in all ways possible. 2. The bidding process can often reveal unforeseen opportunities. "New Blood" may provide new ideas, enthusiasm, and entrepreneurial spirit to the program. "fairness" to the 3 . The public bidding process adds a sense of "f process. Psychologically, an open bidding process lends a sense of properness to the selection process; even though in reality, everything from Amtrac to Zip Codes are accepted, governmentally regulated, monopolies. Disadvantages: 1. The bidding process is based upon the premise that a sufficient number of firms are available to submit a truly responsive and competitive bid. The number of firms capable of providing recycling services to Atascadero are limited. Both Ralcco and North Coast Recycling have experienced interest, but leave reason to doubt their ability to fully .meet Atascadero's needs. A thorough investigation into the stability of both companies would be recommended if the City decides to put curbside out to bid. Large companies, such as Waste Management Inc. , have indicated they will perform the recycling function only if they are granted the waste hauling function as well. Unlike construction contractors, landscaping contractors, and engineering contractors; recycling contractors are not autonomous competitors. Rather, they are bidding on the right to function as a government controlled monopoly. 2. Preparing the bid documents would be difficult and could preclude the best interest of the City. For example, if the bid documents called for a firm that would collect, process and dispose of recycled curbside and green waste material for a 2 year period, a large, national firm may have an advantage. Conversely, a bid to process co-mingled curbside collected recyclables may give an advantage to a non-profit environmental group, such as EcoSlo. The combinations are endless. However, the nature of the bid clearly would affect its outcome. 3 . If a company is selected by the bidding process to perform the recycling function in the City, the City's recycling becomes attached to the fortunes of that low bid company. Quite possibly, a firm will submit a low bid to perform the work which, in time, leads to the financial downfall of the "bailing out" the company by significantly increasing trash disposal rates, or allowing the company to fail along with the City's entire recycling program. Of course, selling the recycling contract rights to a larger company, with its team of lawyers and high pressure management is an alternative recourse. In summary, both the franchise and the bid options are fraught with pitfalls. It is instructive to examine how other Cities have responded to the situations. Note that in evaluating various recycling programs, it is difficult to adequately compare rates. Variables such as frequency of service, skewed household rates through commercial subsidies and unanticipated costs not represented in the initial rate structure must be considered. Table 1 summarizes the following discussion of existing curbside programs located within San Luis Obispo and Santa Barbara Counties. Grover City: The City chose to put curbside recycling out for bid. The reason for choosing a bid situation was based on two factors: 1) the opportunity for the most efficient program and 2) the accessibility of several local businesses capable of managing a curbside operation. SLOCO (or South County Sanitation) outbid both the proposals from Ralcco and EcoSlo. The basic deciding criterion was the low price which originated at $0.50 per household and was reduced further to $0.40 per household just recently. It should be noted that the commercial sector is also served in this program and subsidizes the residential sector. Start up was May 1990. The City has indicated content with their decision. San Luis Obispo: The City was first in the County to initiate a recycling curbside program which was back in 1976. The San Luis Garbage Company was chosen by default given the lack of competition at that time. The main reason_ for retaining the garbage company as the curbside recycler has been the consistency of service. That is, the service is guaranteed beyond the market price of the recyclables. Although the price per household ($1.25) is higher than most other jurisdictions within the County, participation is also high indicating a successful program. Arroyo Grande: The City chose Ralcco over the garbage company based solely on bid price ($0.50 vs. $1.25) . In an effort to be competitive, the garbage company proposed an alternative skewed rate structure whereby the commercial sector paid a disproportionate amount for curbside than single family residences, similar to the situation in Grover City. The business community was very vocal in their opposition to this proposal. To alleviate these 'concerns, Ralcco serves businesses through separate accounts. The commercial sector expressed support and enthusiasm for recycling when the program first began. However, the support has not materialized as demonstrated by the low number of business accounts that Ralcco currently maintains. It is difficult in this type of situation for a city to have control of the waste stream when the business community, which generates the largest proportion of the waste, is responsible for volunteering their recycling efforts. Better control and success in satisfying state mandates could be obtained if all sectors of the community, including commercial and multi-family, are required to contribute to the recycling program. Pismo Beach Pismo Beach started curbside approximately the same time as Arroyo Grande, October 1990. As with Arroyo Grande, Pismo chose Ralcco based on the low competition price. Both communities are on a one year contract that will be reviewed this October. Representatives of SLOCO stated they have had discussions with the City concerning submitting another proposal for curbside pick-up for both communities. This is an outcome of Ralcco originally under bidding and therefore having to increase rates. Ralcco indicated that they will be asking for a rate increase up to approximately $0.80 per household. They will also be proposing a rate structure that includes all of the businesses in the community thereby eliminating the current organization of separate commercial accounts. Similar to Atascadero, both Pismo Beach and Arroyo Grande must make the ultimate decision of whether to put curbside recycling out to bid or amend the original contract. It should be noted that the cities of Arroyo Grande and Pismo Beach both provided an additional $5000 for advertising purposes to Ralcco after they had accepted Ralcco's bid. Advertising costs were therefore not represented in Ralcco's bid price. Conversely, SLOCO integrated a sizable promotional budget into their rate structure. To avoid unforseen added costs, it is important to carefully compare line items to assess what the recycling rate represents. Below summarizes the current status of curbside recycling in various communities in San Luis Obispo and Santa Barbara Counties. It is important to recognize that in all communities using the garbage company as the curbside recycler, commercial rates subsidize residential rates. The percentage of the annuity varies between communities. TABLE 1 • SUMMARY OF CURBSIDE RECYCLING IN SAN LUIS OBISPO COUNTY AND NORTHERN SANTA BARBARA COUNTY Recycling Price per Start up Participation Average Coupany household date rate pounds per Bousebold per mouth SLOCO Recycles: 1) San Luis Obispo $1.25 1976 658 36 lbs. 2) G"rover City $0.40 5/90 398 10 lbs. 3) Morro Bay $0.50 4/90 508 19 lbs.* 4) Los Osos $0.85 4/90 728 19 lbs.* 5) Cayucos $1.35 10/91 N/A *Weight statistics are combined for these two jurisdictions. RALCCO: 1) Arroyo Grande $0.50 9/90 . 618 26 lbs. 2) Pismo Beach $0.50 10/90 518 26 lbs. 3) Guadelupe free 10/90 438 23 lbs. 4) Santa Maria $0.80 7/91 328 16 lbs. The difference in participation rates can be attributed to one or more of many factors: 1) the demographic make-up of the community; 2) the degree of advertising and educational efforts; 3) the availability of buy back facilities; and 4) the quality of service. Clearly both companies have been relatively successful in their level of participation. RECOMMENDATION: Staff has consistently held the position that both trash disposal and recycling is an industry that can best serve the residents of Atascadero as a regulated utility. Clearly, this is not an obvious decision, such as power and phone service, rather it is a borderline call. Trash collection, especially recycling could become a truly market-driven business, where many firms compete to provide the service. Conversely, the private, market driven recycling company could easily fall into bankruptcy since the recycling industry is so volatile. The City could lose considerable money and the recycling program would certainly fail as well. Therefore, staff is recommending the City not subject itself to this risk, rather expand Wil-Mar Disposal's franchise contract to include recycling. The City Council would set both trash hauling and recycling rates based on actual operating costs. ATTACII11 ENT C September 16, 1991 To: City Council Members From: Wil-Mar Disposal We would like to take this opportunity to remind the members of the City Council of the many community services that Wil-Mar has supported and will continue to support. We have collected green waste within the city limits for the last nine months free of charge. With this program we diverted over 60 tons of green waste from the landfill. The once a year collection of Christmas trees and telephone books has also diverted several tons from the landfill. It is our hope to continue serving this community by providing more opportunities to recycle and save our resources and landfill space. At this very critical decision making time it is our hope that the members of the City Council will recognize that Wil-Mar has offered continued support of community activities and would like to continue this support with a curbside collection of traditional items and the green waste program. Like any service there must be some fees attached. We feel that our program is the best for the community and will continually expand our program to fit the needs of the community. Our goal is to not only collect recyclables but to promote the concepts of conserving our resources through precycling, recycling, green waste collection and composting. By these efforts we hope to guide future generations towards living compatibly with the environment. Sincerely Michelle Velasco Recycling Coordinator ATTACIU LENT D REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-1(A-D) Through: Ray Windsor, City Manager Meeting Date: 7/23/91 Via: Greg Luke, Public Works Director From: Kelly Heffernon, Administrative Analyst SUBJECT: Status report on the Integrated Waste Management program. RECOMMENDATION: That Council review the updated Integrated Waste Management Program and the accompanying Franchise Agreement with Wil-Mar Disposal. (Note: This is an informational item for review and discussion only) . BACKGROUND Since the Fall of 1989, both the City and Recycling Committee have worked diligently toward instituting an Integrated Waste Management Program. The role of the Committee in this process was to evaluate current solid waste management practices and recommend programs and activities that will reduce the amount of landfill refuse generated within the City. The Committee has been active for the past year and a half researching the wide array of topics associated with solid waste management and educating the citizens of Atascadero on the importance and methods of recycling. The Committee's research and input was instrumental in formulating the Waste Management Program which Council adopted, with modification, in January 1991. Attachment A is the original proposal as submitted in January. Given the comprehensiveness of the proposal, Council amended the Committee's recommendation to allow for phased implementation of its various components. The program as approved consisted of five segments which are listed below with their approved implementation dates: Procram Implementation Dates Proposed Actual *Volume-Based Rate Structure 3/1/91 3/1/91 *Green Waste Recycling Program 6/1/91 4/1/91 *Curbside Recycling Program 9/1/91 *Mandatory Garbage Pick-Up 1/1/92 *Periodic Rate Review 7/23/91 The following discussion summarizes the history and current status of each of these components. r Volume-Based Rate structure The purpose of implementing a volume-based rate structure was three fold: 1) provide an incentive for households to reduce their volume of waste; 2) restructure the waste collection fees to allow Wil-Mar to recover their cost of living expenses; 3) allow for a more orderly collection process. The logic behind the incentive was to enable citizens who produced a low volume of waste to pay a proportionately lower rate than those who generated a higher volume. The incentive was successful; approximately 70% of Wil-Mar customers selected the one can container versus 30% for the ninety gallon waste-hauler. The changes associated with the solid waste program adopted at the January Council meeting evoked significant public reaction. Comments focused both on operational problems and the issue of a rate increase. Both Wil-Mar and the Recycling Committee responded- to public concerns by means of an ambitious educational program and by making any necessary changes to collection procedures. In regard to the 12% across-the-board rate increase, citizens expressed opposition based on their experience of an increase just 8 months prior. It should be noted that Wil-Mar had not received an increase for rising operating expenses since 1987 and much of the costs were out of the Company's control, such as increased landfill tipping fees. From an aesthetic perspective the program has proven successful; the collection of waste has been a more efficient and cleaner process. In summary, the Volume-Based Rate Structure is fully implemented and has accomplished its purpose of reducing the volume of residential waste set out for collection. Green Waste Recycling Program Residential green waste has been collected as part of a pilot program since April 1. The intent of the pilot study was to determine how much waste could be diverted from the landfill based on the level of residential participation. The program as initially approved was for a three month time period, free of charge to Wil-Mar customers. The program was then extended in May for another three months as a free service. Table 1 summarizes the results of the program for its first phase. TABLE 1 GREEN WASTE STATISTICS APRIL MAY JUNE #Units: 1168 1753 1623 (cans or bundles) Tons: 14.40 16. 03 11.60 lbs/unit: 24. 66 18.29 14.29 Total tons 500 500 500 to landfill: (single family residential waste) Proportion 2 .85% 3.1% 2 .3% diverted from the landfill: NOTE: *AS OF JUNE, THERE WERE APPROXIMATELY 1275 PARTICIPANTS (25.8% OF WIL-MAR CUSTOMERS) THE PROGRAM HAS DIVERTED OVER 40 TONS OF WASTE TO THE LANDFILL IN THREE MONTHS As expected the amount of green waste collected in June dropped off as compared to earlier months. Given the seasonal nature of yard waste, the program will continue to fluctuate slightly. In its entirety, with a 25% participation rate the new program has been successful. . Comments received by Public Works indicate the community has responded favorably to the added benefit. Staff recommends that the Green Waste Recycling Program be continued as a monthly service to Wil-Mar customers with the added charge outlined in the proposed rate structure for curbside recycling. As submitted, the fee for curbside recycling includes both the collection of traditional materials and green waste. The charge for recycling green waste should therefore go into effect when curbside recycling of traditional materials is implemented. In summary, the amount of green waste being recycled is less than originally envisioned. The Recycling Committee indicated in their January proposal that green material represents approximately 30% of the waste stream. According to the Waste Composition Study conducted by the consulting firm Brown Vence and Associates (BVA) , the proportion of residential yard waste in the city equates to only 4.4% as compared to the state average of 33%. Table 2 summarizes selected results of their study. It should be noted that the statistics from BVA are based on one sampling which was performed in January, a time when little yard waste is generated. With 25% of the customers producing an average of 3% green waste, a more accurate estimate would be roughly 12% of the total waste stream. TABLE 2 ESTIMATED MONTHLY WASTE DISPOSAL FOR THE CITY OF ATASCADERO Residential Waste Stream State For Atascadero Average PAPER 45. 0% 35.0$ PLASTICS 7. 6 5.0 GLASS 3 .2 7.0 METALS 5.7 5. 0 YARD WASTE 4.4 33 . 0 NON-PAPER ORGANICS 27. 5 9. 0 OTHER WASTES 6. 6 6.0 TOTAL: 100.$ 100.0% Curbside Recycling Program- Traditional Materials The proposed program is virtually identical to what *the Recycling Committee submitted in January. The only departure from their proposal is the number of containers issued per household and the variety of materials being collected. Below is a description of the operations of curbside collection: Program Description 1) The program allows for the collection of several types of materials including the following (percentages indicate the proportion of that material to total residential waste in Atascadero based on the BVA study) : *aluminum cans (0. 3%) *bi-metal beverage cans (1.2%) *glass beverage containers (4.3%) *PET plastic beverage containers (0.3%) *Newsprint (4.3%) *tin/steel food cans (4.4%) • *HDPE plastic milk jugs, water jugs and other non-food containers (1.0%) i rt 2) The materials to be collected will be cc-mingled in one bin; no sorting is required with the exception of newsprint which must be string tied or stacked flat in a paper bag. only the residents who want to participate in the program will receive a container versus universal distribution. This approach is necessary to account for the level of participation in the program. 3) The bins will be available in two ways: people can either pick them up from Wil-Mar or they can phone in to have one delivered. If more than one container is needed, a customer can request up to two additional bins. Wil-Mar will replace any stolen or damaged containers. All containers are free of charge. 4) The containers will be placed at the curbside to be picked up by Wil-Mar on the same day as the regular garbage collection. 5) As discussed in more detail in Attachment B, those who choose to participate in the program will receive a coupon in their recycling container which can be redeemed as a cost reduction on their monthly garbage bill. 6) Recycled materials will be transported to a processing facility to be separated and sold. Wil-Mar will have the discretion to transport the materials to any processing facility which is both reliable and pays the highest price. The program as proposed reflects the changes that have already occurred in the recycling industry since the last proposal in January. Processing facilities have advanced to the point where initial sorting is no longer required, simplifying the process for the public. The program is also adaptable given the flexibility of the equipment to collect a variety of materials. As technology improves and more markets become available, more recyclable materials can be collected and hence diverted from the waste stream. Mandatory Garbage Pick-Up Mandatory garbage collection is still targeted for January 1992. Staff will make a proposal addressing the issues at a future Council meeting. Periodic Rate Reviev As Council directed in the January meeting, staff was to review the Volume-Based Rate Structure and prepare a report by July. Included in this package is the staff report drafted by Mark Joseph analyzing the rate structure. His report, labeled Attachment B, additionally examines the costs of both green waste collection and curbside recycling and how they were derived. Also included in this package is a memorandum to Council from Greg Luke discussing the concerns expressed during the January 191 Council meeting. The memorandum is designated as Attachment C. FRANCHISE AGREEMENT Attachment D is the proposed Solid Waste Collection Franchise Agreement with Wil-Mar Disposal. Subjects warranting particular attention include the following: * Extension of Term. The term of the Agreement is extended to 7 years. * Charges. A pass through for tipping fees is proposed whereby a fixed charge is added to residential and commercial collection rates based on a formula. • REPORT TO CITY COUNCIL Agenda Item: D-1(C) CITY OF ATASCADERO Through : Ray Windsor , City Manager Meeting Date: 7/23/91 From: Marr Joseph . Administrative Services Director SUBJECT: Wil=Mar Rate Analysis as it Relates to Recycling Program Start-up Costs. RECOMMENDATION: This report is for review and discussion only . BACKGROUND: Solid Waste rates were increased approximately 12.5 percent , by Council effective March 1 , 1991 . A significant aspect of the rate adjustment was to mo%-= towards a volume-based rate str: ctur=_ Tar residential customers. A rate review was also mandated , in order to review the implications of the new rates . In addition, the rate review was considered the first step determining what the appropriate rate increase should be for imolementing recycling programs Citywide. Staff has received and reviewed data from Wil-Mar , a copy of which has been supplied to individual Councilmembers. Most of the analvsis which follows comes from that six-month compilation report (period ending May 31 , 1991 ) , as well as prior year compilations, also supplied by Wil-Mar . ANALYSIS The most significant impact of the new rates is that ' far more customers switched to the single can service, rather than the 90-gallon cart. Table One shows the shift in customers. Table One: Customer Service Levels Before and After the Volume-Basad Rates Customer Count at: Service Level 11 /90 5/91 Change Single Can 1 ,471 3, 118 1 ,647 Multi-Can 2, 799 -0- <2,799> 90-gallon Cart 558 11921 1 .363 Total 4,828 5,039 +211 i Staff and Wil-Mar both assumed 50-75 percent of multi -car; customers would switch to the 90-gallon cart; in fact , less than half ,rade that decision. . Usage of "bags" was less than projected as well . Usage was predicted at 30% et single-can customers; actual usage is- aooro-timately 23 percent . , After an initial rough transition, the new rates appear to be having positive effect=_ . In particular , the shift to single- can service suggests the rates are having their intended effect : people are trying to cut down on their waste. The second aspect, of this report relates to funding City- wide recycling programs. Table Two presents staff ' s assessment of the overall revenue yields from the new rates, projected costs ( for the City of Atascadero only) , and monies available at present for recycling efforts. The second half of the table identiTes the recycling program ' s costs and calcula:'es the rate increase necessary to generate the extra funds. As the accompanying notes indicate, the actual rate increase • is $1 .00 per month for single can customers and $2.00 per month for 90-gallon cart customers. A rebate of up to $1 .00 per month is also assumed for those who actively participate in the recycling program. No change in rates are recommended for either commercial customers or for the supplemental "bags" . As. with' the prior rate increase, staff strongly recommends a rate review within six months, in order to verify actual costs of the programs and participation rates. Table Two: Projected Revenues, Expenses, and. Revenues Needed for Recycling Programs (Atascadero ' s Share Only) Revenues: Current Rate Revenues 1 ,482,000 Other Income: 23 ,00,_, Total 11505.000 Expenses • General Office 240,000 Route and Yard Expenses 700.000 Container Costs 45,000 Landfill Fees 200.000 Subtotal —Operating Costs 1 , 185,000 Taxes 50,000 Franchise Fees (5': of rate Revenues ) 73,000 Profit (6% of Operating Costa) 73,500 Total 1 ,381 ,500 Available for Recycling $123,500 Recycling Costs: 1 . Green Waste 94,000 2. Curbside Recycling: Cost 92,700 Less Savings <7,700> Plus "coupon" 12.000 Net Cost 97,000 Additional Revenues Needed 191 ,000 Revenue Shortfall <67,500> Projected Revenue from $1 .50 increase 83,500 Less City Franchise Fee <4,000> Balance 12,000 Notes and Assumptions: 1 . Current Rate Revenues are based on customer service levels as of May 31 , 1991 and rates established by Council . effective March 1 , 1991 . 2, Other Income is 75'% of 3 year average for Interest Earnings, and other reimbursements . � I r 3. General Office expense is calculated at $3.49 oer cus`ome for 5, 781 Atascadero customers. Actual General Office C�zs allocation may be recuced slightly, due to one-time exper=es (costs associated with AS 939 , rate increases, and recycling program planning ) and Possible allocation cf costs to poll - off services , 4 . Route and yard expenses are from Exhibit H of Wil-Mar ' s cos- analysis. 5 . Container Costs are 75:: of projected total container costs ( $60,000) , 6 • Landfill Fees are' calculated at 75% of projected landfill costs ( approximately $262,000) , after deducting roll of weights. 7. Taxes are estimated at 75:: income tax . of Wil-Mars 3-year average 8 • Green Waste costs are based on Wil-Mar ' s Exhibit K: . 9• Curbside costs are based on Wil-Mar ' s Exhibit L . Coupon. cost is calculated as follows: 20% of residential customers will receive SI -00 per month (5,029 :t .20 X s12) . 10. Overall residential rate of $1 .50 would generate 391 ,000 annually. In order to preserve volume-based rates, the revenue from a $1 .00 increase for single cans and $2.00 for 90-gallon carts is shown. This works out to approximately a $1 .40 overall increase. . 1 MEMORANDUM To: City Council From: Greg Luke Subject: Concerns expressed during January 22, 1991 Council meeting. Date: July 17, 1991 The following is a response to some of the concerns/comments expressed at the January 22, 1991 Council meeting: 1. The trash pick-up program should be designed in all ways to encourage recycling. The volume-based rate, coupled with both flexible green waste and household recyclable curbside pickup programs, will give Atascadero a state-the-art recycling program. In fact, the green waste program and the proposed coupon rebate program are advanced concepts to encourage recycling. 2. A trash pick-up program should make provisions for the disabled, elderly, those on vacation, low-income families, and those that produce minimal trash. Anyone who subscribes to the one can service and recycles can will be charged $6.50 per month for trash pick-up. In addition, a customer can cancel the service for periods over one month if the residence is not occupied. Establishing a less costly service would be difficult to administer. Determining who is eligible for low-income, or elderly service would be difficult, as would be trying to keep track of a once a month service. Although it is a value judgement, $6. 50 per month seems like a very reasonable cost for trash service, regardless of the customer's social status 3. A comprehensive education program needs to be conducted. Both the City and Wil-Mar are conducting advertising campaigns in the newspaper and on radio. Informational seminars are held to educate the public. A demonstration backyard composting program will be set up at the zoo. A recycling logo contest is being conducted to stimulate interest. Articles are regularly submitted to the Atascadero News regarding recycling. Staff intends to continue this level of public education. i 4. A Mast* audit needs to be conducted to determine our success rate. The regional Waste Management Program will perform detailed waste audits as part of mandatory compliance with AB 939. Staff will be accounting for rates of participation on a less formal basis as the program proceeds. S. Space needs to be provided for recycling processing, particularly for a greenwaste shredder. A 3 1/2 acre site has been designated at the sewage treatment plant for a future processing site. Also, Council has tentatively budgeted for a tub grinder to be shared with Paso Robles. Both of these items will be a part of the next phase of the recycling program. G. When will multi-family and commercial establishments be brought into the recycling program? Early next year the recycling committee will be bringing back recommendations on recycling for multi-family, commercial businesses, portable dumpsters, special wastes (such as tires and white goods) and other components of the recycling program. 7. Nov can large volume residential Mastes, such as paper and cardboard be integrated into the curbside collection system? Will adding these components increase the monthly trash fee? Once the curbside and greenwaste programs are in place, Wil-Mar will have the equipment and manpower necessary to greatly expand the recycling/waste reduction program. The curbside recycling collection truck will have several compartments . to collect recyclable wastes. They will travel the entire City each week. The greenwaste truck will be a compaction-type truck traveling the City on a monthly basis. Also, the regular trash collection trucks will be traveling the City routes on a weekly basis. With a collection system this extensive and comprehensive; the recycling program can be easily expanded to collect many other types of materials. Cardboard boxes, "junk mail" and other paper products which now constitute 45% of Atascadero's waste stream could be collected using existing collection equipment, once a market develops for this material. It may be necessary to shift trucks and routes as the volume of recyclable material increases. However, overall the City's waste stream volume should be steadily decreasing, which will allow existing collection equipment to accommodate most new or expanded programs. `I This should not be interpreted to mean that the recycling program will not incur additional costs. It is only to say that Wil-Mar will possess the full compliment of equipment to collect and transport household wastes in almost a limitless number of ways. Thus, the approval of the greenwaste and curbside programs can be viewed not only as a diversion program for household glass, metal, plastic and yard waste. Equally important, a complete recycling collection system for the residential areas will have been provided, capable of collecting paper products, and a variety of other wastes. %r ATTACEIMENT E REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda item: - � Through: Ray Windsor, City Manager Meeting Date: 1-12--'91 From: Greg Luke, Director of Public Works Recommendations: 1. That the existing waste disposal program be modified to provide residential customer service based upon a volume rate schedule: A. Specifically, that Council adopt a residential rate schedule as indicated in Mark Joseph's memo (designated attachment E) . This approval by Council will adjust residential rates overall by 12%. B. It is also recommended that Council authorize an across-the-board increase for commercial rates of 12% previously requested by Wil-Mar. 2 . That said rates shall be effective March 1 1991. 3 . That said rates shall be reviewed by Wil-Mar and staff and reported back to Council in July 1991. 4. That Council indicate its approval for the implementation of an Integrated Waste Management program through Wil-Mar involving the following, all to be effective January 1. 9? A. Mandatory waste disposal B. Curbside recycling as proposed by the Recycling Committee C. Green waste disposal as proposed by.. the Recycling Committee 5. That Council direct staff to begin, immediately,* to work with Wil-Mar and the Recycling Committee to develop the various components of an Integrated Waste Management Program, including legal documents, proposed rates, etc. , in order that Council may review and act on such no later than September 1, 1991. 6. That, until new contract language, terms and conditions can be formulated related to an Integrated Waste Management Program, Council authorize a two (2) -year extension on the existing contract with Wil-Mar in order to provide the assurance necessary for Wil-Mar to invest in capital equipment associated with the components of an Integrated Waste Management Program. 7. That Council endorse a comprehensive educational/informational program (i.e. City-wide mailing) related to the Integrated Waste Management Program and direct staff to provide an appropriate budgetary figure. Discussion: The proposal being presented to establish an Integrated Waste Management Program in Atascadero can be broken down into five components: 1) mandatory trash pick-up, 2) curbside pick-up of recyclable materials, 3) recycling of green materials, 4) collection pricing structure and 5) program administration. Together they form a comprehensive integrated waste management and recycling program. This staff report will summarize each component as they have evolved through the work of the recycling committee and through discussion during several City Council workshops. Previously prepared reports are included as reference material which provide more details on each component. In particular, your attention is directed to the original Recycling Committee Report to the City Council (designated attachment A) which addresses many details of a comprehensive recycling program not included in this report. As a preface to the discussion it is necessary to point out that the program is comprehensive and therefore has many facets that are detailed and sometimes controversial. Recycling, as a technical subject, is in its infancy and many of the strategies and programs proposed do not have the long history of operational experience enjoyed by other municipal programs, such as safety services or wastewater treatment operations. Because all recycling programs are pioneering new ground, Council is faced with a dilemma. Should the City take a cautions "Go Slow" approach, or a bold and aggressive position? The benefits and drawbacks of each path are fairly evident. The broad complexity of the issue coupled with fundamental . questions about how aggressively the City should pursue recycling complicate the Council's decision. By individually addressing each of the components listed below, the entire subject can be reviewed in a thorough and progressive manner. 1. Mandatory Trash Pick-Up Staff's memorandum (designated attachment B) addresses this issue. Considerable public debate in previous Council meetings has brought out the salient issues. Arguments for Mandatory Trash Pick-Up a. Allowing people to haul their wastes to the landfill shifts the cost burden for a recycling program onto the citizens who pay for trash pick-up. b. State law requires an overall reduction of solid wastes. This value reduction can be accomplished only if all citizen's participate in an integrated trash collection/recycling program. c. Illegal dumping of solid wastes to commercial bins or on the ground will be reduced. d. The contract waste hauler can operate more efficiently, thus reducing the cost of pick-up for each household. Arguments Against Mandatory Trash Pick-Up a. City Government is forcing a service and a fee upon residents who want neither. b. Most people who do not have trash pick-up service now recycle a large portion of their waste utilizing composting, recycling centers, etc. C. Mandatory trash pick-up will require Wil-Mar to travel into remote sections of the City and actually increase collection costs for all residents. Conclusion Staff believes that positive control of the waste stream and the associated equitable distribution of costs to recycle make mandatory pick-up essential. 2. Curbside Pick-Up of Recyclable Materials (Note: The term "curbside pick-up" refers to the collection of the classically recyclable materials, such as glass, aluminum, newspapers, etc. It does not include green materials which will be discussed in the following section) The program proposed by the Recycling Committee for curbside pick-up is presented in the memorandum (designated attachment C) . Basically a program of partially segregated materials is proposed. The Homeowner would be provided with three containers that stack upon each other. Newsprint will be placed in one container. All other items will be placed co-mingled in the third container. Curbside pick-up would be on the same day as the trash pick- up. A three section truck would be used to transport the collected materials. Initially the collection truck would simply transfer its load to large, transport trucks that would carry the material to recycling centers located throughout Central California. Analysis The curbside recycling system being proposed is highly flexible. As technology, equipment, processing facilities and product markets change, the curbside pick-up programs can be easily modified to match almost any future system. To implement the curbside recycling program proposed requires that a collection truck and stackable curbside containers be purchased. If, in the future, the City chooses to expand the type of materials collected, chooses to -construct and operate a central sorting or processing facility or regional processing facilities come to fruition, the initial equipment will still be necessary to collect the segregated material. Staff believes the proposed curbside recycling program is a reasonable first step. Capital costs will be held to a minimum, a significant amount of recyclable materials will be removed from the waste stream, and it is sufficiently flexible to conform to any future system. 3 . Recvclina of Green Materials The report from the Recycling Committee (designated attachment D) addresses the recycling of green materials, i.e. yard wastes, branches, etc. in detail. Basically their proposal is to collect green materials on a monthly basis. The vegetative material would be placed next to the curb in either garbage cans supplied by the property owner or in 3' long bundles tied together. Green material would be collected by a regular garbage truck capable of compressing the waste. The trucks would carry the material to one of several processing yards that have expressed interest in taking the waste. Those companies that are willing to accept green material includes Dirtman Trucking, Rossi Transport and Western Forest Power. The Recycling Committee report strongly urges the City to become active in the Green Materials Recycling Program by providing a storage yard and some basic equipment to process the materials. A potential site is available at the sewage treatment plant. The acre site in question is archaeologically sensitive and cannot be disturbed without exhaustive (and expensive) archeological. analysis. Virtually any new sewage treatment facilities would require underground construction for piping, foundations, utilities, etc. Consequently, the site is of limited use for plant operations. A green material processing yard would not disturb the underlying archaeological site. y Conclusion Staff believes the proposed Green Material Program, consisting of once a month pick up and processing by a private company is a logical way for the City to begin dealing with green material with only minimal financial risk. With vegetative materials consisting of approximately 25% of the waste stream, it seems prudent to direct an effort at reducing this component, thus meeting a substantial reduction required by AB939. With regard to the Committee's suggestion that the City become more actively involved in the processing of green materials, staff feels this step is premature. Implementing a City-wide recycling program will require considerable effort and monitoring. For the City to undertake another aggressive program seems imprudent at this time. Perhaps after 12-18 months of operating history the City will be ready to expand the recycling program, or to take a more active role. 4. Collection Pricing Structure Considerable discussion has occurred regarding a "volume based" rate structure where citizens who produce a low-volume of waste are afforded a cost savings and high volume producers pay proportionately higher for trash pick-up. The enclosed memorandum from Mark Joseph (designated attachment E) examines the rate • structure issue, as it pertains to the existing waste disposal program. Obviously, at such time as the city is ready to implement a Comprehensive Integrated Waste Management program, further rate analysis and recommendations will be necessary. Analysis The volume based rate structure is a logical incentive for each household to reduce their volume of waste generated. With both a curbside recycling program and a green materials program in place, a means will be provided to make the necessary waste reduction. The volume based rate structure will .clearly induce people to use the recycling programs. Volume based rate structure has an intended purpose, however, like all rate structures, the change will not necessarily be a relief to everyone. Large families will probably be unable to achieve the "one can" rate regardless of their effort to recycle. Similarly, some households will achieve the lower rate with little effort. However, with this rate structure in place there certainly will be a practical incentive for homeowners to reduce volume. In addition everyone pays equally on a unit basis, in that a cubic foot of trash will cost approximately the same regardless of the quantity of waste placed for pick-up. �t , 5. Procram Administration Considerable discussion has occurred regarding how the recycling program should be administered. One option is to expand the contract of the existing waste hauler (Wil-Mar) to include the recycling collection, processing, and disposal functions. This option has numerous advantages, including 1) knowledge of company performance, 2) linkage of similar tasks with waste collection 3) ease of billing and 4) increased control over rates through City audits of the comprehensive program. The second option is to put the recycling tasks out to bid. The advantages of this choice include: 1) the competitive marketplace could result in more efficient costs and 2) competition may foster innovative methods for improving the overall efficiency of the recycling program. Both options have clear advantages. The Recycling Committee is divided on the question. Wil-Mar's long-term dependability, and consistent service certainly weighs heavily toward simply rolling the recycling duties into their existing waste collection contract as opposed to risking the possible downside of a low bid award. Another administrative matter that must be resolved is the implementation schedule. The following outline lists the time constraints: 1. Mandatory Pick-up - up to 6 months will be required to identify all households that do not currently have voluntary pick-up. An enabling ordinance will also be required. 2. Curbside Recycling - up to 8 months is -necessary to obtain the necessary collection equipment and distribute the curbside containers, and implement a program. 3 . Green Materials - The program can be implemented in up to 3 months. Conclusion With respect to the contract for recycling services, it is staff's opinion that Wil-Mar should be granted a 5-year extension on their contract for the implementation of the Integrated Waste Management program. The recycling program is closely interwoven with the regular trash collection. A long-term contract is necessary to allow the company to pay for the equipment financing and appropriate overhead. Staff's opinion is predicated upon the condition that periodic reviews be conducted examining both the level of service and the associated cost. These reviews will provide the Council and the community with a clear picture �of program effectiveness. l` With regard to the g implementation schedule, the following program is recommended: Step Program Implementation Date 1. Volume-Based Rate Structure 3-1-91 2. Green Materials Program 6-1-91 3 . Curbside Recycling Program 9-1-91 4• Mandatory Pick-Up 1-1-92 In light of the time frames indicated above, staff recommends that Council proceed to act on the various elements of the waste management program identified herein. Adopting a phased program alerts the community to the implementation dates. It also permits Wil-Mar time to both acquire the necessary capital equipment as well as complete the necessary legal documentation. Staff recommends that steps 2, 3 and 4 be initiated together on January 1, 1992. While we recognize that such a delay could impact our commitment to meet the goal of "939, it will allow the City through the Recycling Committee, and Wil-Mar to undertake a more rigorous public education program of the various elements, thus hopefully minimizing confusion over the issue and providing a clearer understanding of the city's goals. i' ATTACHMENT F SOLID WASTE COLLECTION FRANCHISE AGREEMENT Dated 1991 • Table of Contents Page 1 . Scope of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 . Extension of Term. . . . 1 4 . Termination of Agreement . . . . . . . . . . . . . . . . . . . . . . . 2 5. Franchise Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 . Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 . Filing of Statement . Audits . . . . . . . . . . . . . . . . . . 5 8. Compliance with Applicable Law 5 • 9. Services . . . . . . 6 10. Administration of Contract . . . . . . . . . . . . . . . . . . . . . 6 (a) Responsible City Officer 6 (b) Responsible Franchisee Employee 6 (c) Interpretations-. Orders 7 11 . Recycling Plans. 7 12. Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . — oo . . . . . 0 8 13 . Exclusivity. . . . . . . . . . . . . . . . . . . o — O . — o — . . . . . 8 14 . Temporary Default by Franchisee. Costs. Liquidated Damages. Termination. . . . . . . . . . . . . 0 . 8 (a) Temporary Default . . . . . . . . . . . . . . . . . . . . . 0 . . . 8 (b) Liquidated Damages . . . . . . . . . . . . . . . . . . . . . . . . 9 (c) Termination. . . . . . . . 9 15. City Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16. City-Wide Special Events . . . . . . . . . . . . . . . . . . . . . . 10 17 . Franchisee Employees . Conduct . . . . . . . . . . . 11 18. - Local Offices and Telephone Service. 11 i 19. Conduct of Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20. Complaint Procedure. . . . 12 21 . Status of Franchisee. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22 . Insurance Coveraee 12 23 . Performance Bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 . Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25. Replacement Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26 . Vehicle Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27. Status of Solid Waste and Curbside Recyclables . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 15 28. Attorney' s Fees . . . . . . 16 29 . Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 • 30. Debts to City. Interest Collection . . . . . . . . . 16 31 . Annexation of Territory . . . . . . . . . . . . . . . . . . . . . . . 17 32 . Law to Govern. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 . Bindine Effect on Aereement . . . . . . . . . . . . . . . . . . . 17 34-----Right-ef-First-Refasair 17 35 . Entirety. . . . . . . . 18 36. Novation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 37. Survivability. . . . . . . . . . . . . . . . . . . 18 38. Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Exhibit A . . . . . . . . . . 20 ii SOLID WASTE COLLECTION FRANCHISE AGREEMENT THIS FRANCHISE AGREEMENT, made and entered into this day of , 1991 , by and between the CITY OF ATASCADERO, a political subdivision of the State of California, hereinafter called "City" , and WIL-MAR DISPOSAL COMPANY, INC. , a California corporation, hereinafter called "Franchisee" . Witnesseth For and in consideration of the payments to be made by Franchisee to City, and in further consideration of the full and faithful performance by Franchisee of all terms , covenants , and conditions of this Agreement , as well as complete compliance with the laws of the State of California and all pertinent present and future ordinances and resolutions of the City; It is mutually agreed as follows: 1 . Scope of Work. Franchisee shall provide all labor, materials , tools , and equipment necessary to perform all work required to collect and haul all solid waste and curbside recyclables from locations within City in accordance with this Agreement . 2. Term. The term of this Agreement shall be for a period of seven (7) years from September 1 , 1991 . 3 . Extension of Term. If Franchisee has faithfully performed under the terms and conditions of this Agreement for any period of three (3) years , Franchisee may request the City Council 1 to extend the term of this agreement for an additional three (3) 10 years . The granting of an extension shall be discretionary with the City. In no event shall any extended term exceed seven (7) years . 4 . Termination of Agreement . Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated in any of the following ways : (a) Pursuant to specific provisions of this Agreement providing for such termination; and/or (b) Upon mutual written agreement of the parties hereto; (c) By operation of law; and/or (d) As a result of a material breach of this Agreement by either party. 5. Franchise Fee. During the term of this Agreement , Franchisee shall pay to City a sum equal to five percent (5%) of Franchisee' s gross receipts derived from its franchised solid waste collection operations conducted within the City pursuant to this Agreement . For the purpose of this Agreement , "Gross Receipts" shall mean any and all forms of compensation and funds , including but not limited to cash, check or credit card, actually received by Franchisee from any person arising out of the Franchisee ' s franchised operations conducted within the City pursuant to this Agreement . The Franchise Fee shall be paid to City by Franchisee monthly on the fifteenth (15th) calendar day of each month during the term hereof . • 6 . Charees . Franchisee shall be permitted to make such 2 charges for its Services as are approved by the City Council in the time and manner set forth in Chapter 6 , $4 . 14 of the Code. No charge shall be made by the Franchisee except in complete compliance with the charges as approved by the City Council except those charges allowed pursuant to Subsection (a) through ( i ) of this Section 6 . (a) For each $1 .00/yard increase in the Landfill tipping fee, monthly residential and commercial refuse collection rates shall be increased according to the following formula: annual yard/Prior 12 months % of FRANCHISEE' s revenue for each annual revenue/prior 12 months - $1 .00/yard tipping fee increase approved tipping fee % increase current amount of increase increase/yard - multiplier x rate - to be added to monthly rate Residential rates shall be rounded to the nearest $ .05 and shall exclude the curbside recycling portion of refuse collection rate in applying the above formula; however , said surcharge. shall be added to the rate determined by applying the formula. Commercial rates shall be rounded to the nearest $1 .00 or such other amount as may be mutually agreed upon by the City and Franchisee. (An example of the determination of rates according to this formula is provided in subparagraph 9 below. ) (b) Refuse collection rate increases of less than $1.00/month shall be pro-rated accordingly, provided, however , that said pro-ration shall be in minimum increments of $ . 25/month. Increments of less than $. 25/month shall be accumulative. • 3 ( c) Said increases in residential and iscommercial refuse collection rates shall be effective on the first billing cycle following app rev aI-b3*-tlte•j3eratd-of-Sup errisors-en the the effective date of an increase in the tipping fees at the Landfill serving Franchisee. Residential accounts are billed on a bi- monthly basis . Commercial accounts are billed on a monthly basis . (d) City reserves the right to review the basis for said tipping fee increases approved by the Board of Supervisors . (e) Franchisee shall provide to City a copy of the Landfill ' s request for an increase in the tipping fees no receipt later than 5 days following submit#aI of said request to the County of San Luis Obispo . ( f) Franchisee shall notify City of action taken by the Board of Supervisors regarding said request within 5 days following said action ine1-ad}ng--4-et-t-e-r--4e--the--Board--arrd related-exeeated-rese4utien. (g) Franchisee shall provide notice as soon as possible to its residential and commercial customers of said increases prior to the effective date of said increases . (h) The updated rate schedule shall be submitted to the City Council as an information item. ( i ) EXAMPLE: 67 .380(Annual Yards) 3 . 6% (Percentage 1 , 870,496(Annual Revenue) - of Contractor revenue x $1 . 50 per $1 .00/yard tipping fee . 054 (% increase $6. 50 (present rate $ . 35 (amount multiplier) x residential collec- - rounded to tion for 1 can) nearest $ .05) 4 NEW RATE _ $6.50 + $.35 + (Recycling & _ Greenwaste) 7 . Filing of Statements . Audits. Franchisee shall , on or before the fifteenth ( 15th) day of each calendar month occurring during the term hereof , file with the Director of Finance of the City a verified Statement of Gross Receipts ( "Statement" ) actually received by Franchisee during the immediate preceding calendar month. Each such Statement shall be verified on behalf of Franchisee by a person designated for such purpose by the Franchisee. The City shall have the right to inspect, review, and audit , at any reasonable time, upon not less than twenty-four (24) hours written notice to Franchisee, any and all of the Franchisee' s books or records to determine the accuracy of the contents of any Statement . The City shall also have the right to order an audit , conducted by a qualified independent auditor selected by City, of the Franchisee ' s books and records to determine the accuracy of the Statements filed with the City. If any City ordered audit discloses an understated amount of Gross Receipts on any Statement , equaling three percent (3%) or more during any reporting period, the cost of the audit shall be borne exclusively by the Franchisee; in all other cases such audit costs shall be borne by the City. 8. Compliance with Applicable Law. Franchisee, in performance of its duties pursuant to the provisions of this Agreement , shall comply with all applicable laws , including, but not limited to: the Atascadero Municipal Code; and Regulations adopted by the City Manager or City Council pursuant to State and 5 Federal Law. The provisions of the Atascadero Municipal Code, as they now exist or may hereafter be adopted and/or amended, shall be deemed to be a part of this Agreement as if set forth herein in full . Franchisee shall , at all times during the term or terms of the Agreement pay all sums required as and for Business License Taxes due pursuant to the provisions of the Code. 9. Services . Franchisee agrees that during the term of this Agreement Franchisee will provide the services, as described in the Code, the Regulations and this Agreement , including the collection and disposal of all solid waste and curbside recyclables generated within the City by its customers , in the time and manner set forth in this Agreement , the Code and the Regulations . At such • time as City shall by ordinance adopt mandatory solid waste collection, Franchisee shall provide services as herein described to all those residents affected by such an ordinance. 10. Administration of Contract . (a) Responsible City Officer . The City Manager of City is hereby designated as the City Officer responsible for the administration of this Agreement . The Franchisee shall obey all lawful orders, directions and instructions issued by the City Manager with reference to the provisions of this Agreement . (b) Responsible Franchisee Employee. The Franchisee shall , in writing, contemporaneously with the execution of this Agreement , designate a qualified person who shall be the responsible officer or employee of Franchisee for the purpose of • administration of this Agreement . Such person shall be authorized 6 by Franchisee to act on behalf of Franchisee, including, but not limited to, accepting all notices given by the City with reference to this Agreement . (c) Interpretations Orders . If at any time during the term of this Agreement the City Manager issues to Franchisee any written interpretation of this Agreement or any order , instruction, or direction relating to the Franchisee ' s services provided pursuant to this Agreement (collectively "Order" ) , which Franchisee believes is improper or not within the scope of its duties imposed pursuant to this Agreement , Franchisee may, within ten (10) consecutive working days following service upon Franchisee of the City Manager ' s Order , have the right of appeal to the City Council with reference to the issuance of such Order . The City Clerk upon receipt of such a request for review by the Franchisee shall • place the matter on the next most convenient agenda of the City Council for consideration. The Franchisee shall be given not less than ten ( 10) consecutive working days notice by the City Clerk of the time and place of the hearing upon its request for review of the City Manager ' s Order. The City Council at the time of such hearing shall permit the Franchisee and any other interested person, a reasonable opportunity to be heard on the question of the appropriateness of the City Manager ' s Order . Thereafter , based upon its review, the City Council shall affirm, modify, or disaffirm the City Manager ' s Order. The City Council ' s decision shall be final and conclusive. 11 . Recycling Plans . The Franchisee, in the performance of its obligation pursuant to this Agreement , shall comply with any • 7 and all provisions of any recycling plan or plans or programs (collectively "Plan" ) issued by the City during the term or terms of this Agreement . 12 . Assignment . The Franchisee shall not assign any of its obligations imposed pursuant to the provisions of this Agreement without the prior written consent of the City Council of City expressed by resolution. The consent of the City Council shall not be unreasonably withheld, provided that in determining whether or not to consent to such assignment , the City Council may consider all relevant factors relating thereto, including, but not limited to, the qualifications, experience and financial responsibility of the prospective assignee. 13 . Exclusivity. This Agreement is intended by the parties, to the extent permitted by law, to designate the Franchisee as the exclusive Franchisee for the purpose of providing, on an exclusive basis , the services provided herein to the owners and/or occupants of all real property located within the City. 14 . Temporary Default by Franchisee. Costs Liquidated Damages . Termination. (a) Temporary Default . If Franchisee, for any reason, ceases to perform the services in accordance with the provisions of this Agreement and the Code, the City Manager may take the steps necessary to temporarily provide the services by City or other entities engaged by the City Manager . The City shall be entitled to provide such services and thereafter charge the Franchisee for the costs of such services , including, but not 8 limited to, administrative overhead, determined in accordance with City' s standard accounting practices. (b) Liquidated Damages . In the event Franchisee ceases to provide the services, the Franchisee shall pay to City a sum, and for liquidated damages , in an amount equal to the Franchisee ' s average daily gross receipts for each calendar day during which City is required to perform such services pursuant to this Section 14. The parties agree and acknowledge that in the event of such default by Franchisee, the actual damages to the City, as a result of such default , in addition to the out-of-pocket cost to City of providing the services, would be difficult , if not impossible, to ascertain, and therefore the 'parties have negotiated this liquidated damage provision and have agreed that a sum equal to the Franchisee ' s average daily gross receipts per calendar day for each day during which such default occurs, represents a P reasonable sum to be paid by Franchisee to City as and for liquidated damages for each day of such temporary default for a period not in excess of thirty (30) consecutive calendar days . The parties have agreed upon the foregoing as a liquidated damage provision, and not as a penalty. "Average daily gross receipts" shall be determined for the purpose of this section based upon the total amount of Franchisee' s Gross Receipts for the three (3) calendar months immediately preceding the calendar month during which Franchisee ceases to provide the services , divided by the number of calendar days included in such three-month period. (c) Termination. If such a period of temporary default continues for more than thirty (30) consecutive 9 calendar days , City shall have the right to terminate this Agreement forthwith, and in addition to damages and costs it is entitled to pursuant to subsections (a) and (b) of this Section 14 , City shall be entitled to its actual damages resulting from such breach by Franchisee occurring after termination by City including, but not limited to, all costs incurred by City in obtaining a new Franchisee; all costs incurred in providing the services after the effective date of the termination until a new exclusive Franchise Agreement has been executed and is in full force and effect ; all increased costs of services during the remaining term of this Agreement as of the date of its termination; and all City administrative overhead costs' incurred as a result of such termination, including, but not limited to, fees for City' s attorney' s services . Upon receipt of invoice for such Costs , the Franchisee shall pay the same within a period of ten (10) days. 15 . City Facilities . Franchisee, at its sole expense, shall collect solid waste from the City facilities enumerated and described on Exhibit A, attached hereto and incorporated herein by this reference. 16. City-Wide Special Events . Franchisee, at its sole expense, shall provide such equipment and services as deemed necessary by the City Manager for one (1) City-Wide City sponsored Solid Waste Collection special event per year . Such equipment and services shall consist of , but not be limited to, recycling bins , roll-offs, extra receptacles, and bins as determined by the City Manager to be necessary. The locations and the specific day upon which the special event shall take place shall be established by 10 the City Manager. 17 . Franchisee Employees. Conduct . (a) Franchisee shall require all employees to wear clean, neat , presentable uniforms . (b) The Franchisee shall perform the services in a manner which will cause the least possible interference with or annoyance to the public. All Franchisee ' s employees shall be instructed to be courteous and responsive to the public. 18. Local Offices and Telephone Service. Franchisee shall , at all times during the term hereof , maintain a local office. Franchisee shall maintain the office open and available at all times, Mondays through Fridays , holidays excluded, between the hours of 9:30 a.m. to 4 :30 p.m. 19. Conduct - of Services . The Franchisee shall conduct is operations hereunder in such a manner so as to cause as little inconvenience as is possible to the public, and to that end the following rules shall be observed: (a) All services shall be conducted between 6 :30 a.m. and 7 :00 p.m. in residential areas and 6 :00 a.m. and 9:00 p.m. in commercial areas . (b) After a solid waste receptacle has been emptied into a solid waste truck it shall be replaced in an upright position at the place where presented for collection, as prescribed by the Code and this Agreement ; and (c) Solid waste receptacles shall not be thrown from a truck to the ground, but placed on the ground in a manner that will prevent damage to the receptacles . The Franchisee 11 shall take all steps necessary to ensure that the receptacles are treated by its employees and agents in a reasonable manner so as to prevent damage and destruction thereto; and (d) Franchisee shall cause all spills of solid waste occurring during the collection process to be cleaned up, forthwith, by its employees. 20. Complaint Procedure. Franchisee shall be obligated to take all steps reasonably necessary and required to satisfy customer service complaints . Franchisee shall maintain a complaint log, in a form approved by the City Manager . Where a particular complaint cannot be amicably resolved, the matter may be referred by the Franchisee or by this customer to the City Manager. The City Manager , or his designee, shall take such steps as may be necessary to conduct an adequate investigation of the circumstances surrounding such complaint , and based thereon resolve the dispute. The City Manager ' s decision with reference thereto shall be binding upon the parties to the dispute and shall be final and conclusive. 21 . Status of Franchisee. Franchisee, for all purposes , shall be deemed to be an independent contractor and shall conduct its operations pursuant to the provisions of this Agreement in that said capacity. 22. Insurance Covera¢e. With respect to performance of work under this Agreement , Franchisee shall maintain, at all times during the term hereof , insurance as described below: (a) Workers ' compensation insurance with statutory limits , and employer ' s liability insurance with limits as approved by City per accident ; and 12 (b) Comprehensive general liability insurance with a combined single limit not less than an amount approved by the City Manager , per occurrence. Such insurance shall include products/completed operations liability, broad form property damage coverage, and explosion and collapse and underground hazard coverage. Such insurance shall : ( i ) name as insureds City, its appointed and elected officials , officers , employees and agents ; ( ii ) be primary with respect to any insurance or self-insurance programs maintained by the City; ( iii ) contain standard cross liability provisions ; and (c) Comprehensive vehicle liability insurance with a combines single limit not less than an amount approved by the City Manager , per occurrence. Such insurance shall include coverage for owned, hired, and non-owned vehicles. The City Manager shall have the right of approval of insurance ' carriers issuing policies pursuant to this Agreement . Franchisee shall file with the City Clerk properly executed certificates of insurance in a form approved by the City Attorney of City, contemporaneously with execution of this Agreement . Certificates shall clearly evidence the existence of all coverage required above and shall provide that the coverage shall not be terminated or materially altered except after at least thirty (30) days prior written notice to City. Franchisee shall replace such certificates for policies expiring prior to the termination or expiration of this Agreement . 13 If Franchisee, for any reason, fails to maintain insurance coverage required pursuant to this Agreement the same shall be deemed a material breach of contract . City, at its sole option, may forthwith terminate this Agreement and obtain all damages from the Franchisee resulting from said breach. Alternatively, City may purchase such required insurance coverage on behalf of Franchisee and, upon notice, Franchisee shall forthwith reimburse city for all costs for obtaining such coverage, including all premium costs advanced by City for such insurance coverage. 23 . Performance Bond. Franchisee, at its sole expense, shall furnish to City, at all times during the term of this Agreement , a Performance Bond to assure the faithful performance of Franchisee' s obligations under this Agreement . Such bond shall be executed by a surety company licensed to do business in the State of California and approved by the City. Such bond shall be issued in a form approved by the City and shall be in. the penal sum of Fifty Thousand Dollars '($50,000.00) . 24 . Indemnity. Notwithstanding the existence of insurance coverage required of Franchisee pursuant to ' this Agreement , Franchisee shall save, keep, indemnify, hold harmless, and defend City and its respective appointed and elected officials, officers, employees, and agents ("Indemnified Parties") , from any and all claims , demands or judgment , in favor of any person, for injury to, or the death of, any person, and/or damage to real or* personal proPerty, including all costs and expenses incurred in the defense thereof , occurring or arising out of the performance by 14 Franchisee, its officers agents , employees, including but not limited to, its City approved assignees or subcontractors (hereinafter collectively "Franchisee" ) , of the services required of Franchisee pursuant to this Agreement , occasioned by any act or omission to act where a duty to act exists , by the Franchisee, including, but not limited to, any such liability imposed by reason of any infringement or alleged infringement or rights of any person in consequence of the use in the performance by Franchisee or the work hereunder , or any article, material , or supplies used or installed pursuant to this Agreement; and any such liability arising under or pursuant to any federal ,_ state or local law. 25. Replacement Vehicles . The City Manager may instruct the Franchisee to cease using, and Franchisee shall not use, any motor vehicle in the performance of services hereunder which the City Manager reasonably believes is unsafe or which does not comply with the provisions of this Agreement or any applicable law. 26. Vehicle Inventory. Franchisee shall annually furnish the City Manager with an inventory of vehicles used by the Franchisee in the performance of services hereunder , and shall update the inventory as changes in equipment are made. Such inventory shall include the type and capacity of each vehicle, the number of vehicles and in the case of vehicles acquired by Franchisee after the commencement of this Agreement , the date of acquisition. 27 . Status of Solid Waste and Curbside Recvclables . All solid waste and curbside recyclables collected pursuant to this Agreement shall be deemed to the be the property of the Franchisee • 15 as of the time the same is placed for collection by the owner and/or occupant of the Lot upon which the same was generated, unless otherwise determined by the City Council , at its sole discretion. 28 . Attorney' s Fees . Should litigation, including arbitration, be reasonably required to enforce any of the provisions of this Agreement , the prevailing party in such litigation shall be entitled to receive an award of attorney' s fees in such amount as may be set in the discretion of the court . 29. Notices . Notice given pursuant to this Agreement shall be in writing, and shall be given by personal service upon the party to be ratified, or by United States Postal Service or its lawful successor, postage prepaid, addressed as follows : • To City: City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 To Franchisee: Wil-Mar Disposal Company, Inc. P.O. Box 1199 Atascadero, CA 93423 Notice shall be deemed to have been given hereunder as of the date of personal service, or two (2) consecutive calendar days following the date of deposit of the same in the custody of the United States Postal Service. 30. Debts to City Interest . - Collection. Any sum due to City from Franchisee pursuant to the provisions of this Agreement shall be due and payable as is provided in this Agreement or as established by the City Manager . All sums due to City from 16 Franchisee shall bear interest at twelve percent ( 12%) as of the due date of the indebtedness. Notwithstanding the foregoing, no interest rate shall exceed the maximum permitted by law. 31 . Annexation of Territory. In the event territory is annexed to the City, and if immediately prior to such annexation, solid waste collection services were provided by a solid waste collector , other than Franchisee, authorized to perform such services by the local agency having jurisdiction over such territory prior to annexation, then such authorized solid waste collector may continue to provide solid waste collection service in the territory for up to three (3) years from the date of annexation. Under such circumstances , the annexed territory shall not be deemed a portion of the City for the purpose of this Agreement until the expiration of the three (3) years . If the • solid waste collector authorized to perform collection services prior to annexation is the Franchisee, then such territory shall be deemed a part of the City for the purpose of this Agreement . 32. Law to Govern. It is understood and agreed by the parties hereto, that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement . 33. Binding Effect on Agreement . This Agreement shall be binding upon the parties hereto and upon all of their lawful successors in interest . 34---Righi-ef-4'ir3#-lteftt3n� ikia-agreemeai-#hia-frariehiae-ia-aab7eei-le-bid;-Eiiy-al�aii-award such-franehiae-#e- +i, ntc*iee-e--agrees--t"&-thy-same-or 17 bei#er--berms--and--eendifi-ens--as--the--�ewesf-- respensrb�e--brd necep+able--t-o---C-f-tv------4n--the--eveft+--t4rei i---arm-ne--aeeeptabie eempie+i•ng-bids-snbmiffed-fe-Ei-fy;-then-Franehisee-shah-have-+he r i g h t-to--air s even-FT*-re-&Z-f� ri�ri-s-e--Srtrb-j-e•C4 +a-t he-s am e berms-and-eenditiens-set-forth-herei•n- 35. Entirety. The parties agree that this Agreement represents the full and entire Agreement between the parties hereto with respect to matters covered herein. 36. Novation. As of the effective date of this Agreement , all prior Agreements for collection of solid waste existing between the parties hereto shall be deemed terminated and of no further force or effect . This novation clause shall not have effect of terminating or affecting any claim either party hereto may have against the other , or against any third person, pursuant to any such prior Agreement . 37 . . Survivability. Notwithstanding the termination of this Agreement pursuant to the provisions hereof , and/or the provisions of applicable law, the right of the parties hereto to prosecute legal claims against each other and against third parties shall survive such termination and shall not be affected by such termination. 38. Effective Date. The Effective Date of this Agreement shall be , The parties hereto have caused this Agreement to be executed by their respective authorized representatives . 18 CITY OF ATASCADERO WIL-MAR DISPOSAL COMPANY, INC. Mayor WILLIAM GIBBS, President MINNIE GARIBALDI9 Secretary- Treasurer APPROVED AS TO CONTENT: ATTEST: , City Manager APPROVED AS TO FORM: , City Clerk City Attorney 19 EXHIBIT A Franchisee shall provide solid waste collection to the following sites : 1 . Administrative Building; 2 . Fire Stations 1 and 2 ; 3 . City Corporation yard (Traffic Way) ; 4 . City Park; 5. Charles Paddock Zoo; 6 . Alvord Field; 7 . Henderson Field; 8 . Police Department ; 9. _ South Atascadero Park. 10 . Other public parks and facilities which are acquired or opened during the term of this Agreement . This collection service does not include construction debris or any other solid waste generated off the public facility premises . 20 MEEnn 91 AGENp� R F r `"SA COAST RECYCLING CITY MGK. CENTERS 4950 El Camino Real,Atascadero,CA 93422 (805) 466-6965 September 6, 1991 City of Atascadero 6500 Palma Atascadero, CA 93422 Councilmembers/Staff: Coast Recycling would welcome the opportunity to work with the City of Atascadero to reduce waste by providing residential curbside recycling services. Coast Recycling has been providing the residents of Atascadero an opportunity to reduce waste with our recycling buyback center for over 5 years. We at Coast Recycling y g woul d like to encourage the Cary or Atascaderu to put the curbside contract out to bid. Recycling businesses should have an opportunity to bid in the industry they have been developing long before waste haulers. Waste haulers have only shown an interest in recent years to reduce waste because of being forced by AB939. The recycling industry in this county voluntarily established itself over 20 years ago. It would only seem fair and in honor of the democratic process to place this contract out to bid in support of our free market system. Enclosed, you will find a brief description of what services we will provide as the contracted curbside collector for the City of Atascadero. If the City chooses to place this contract out to bid, a detailed breakdown of our program will be submitted. Respectfully, Brian Touey President Coast Recycling Centers•Atascadero•Brawley•Callexico•El Centro•Holtville•Imperial•Morro Bay Priwnd on R"7cw Pyr► COAST RECYCLING CENTERS 4950 II Camino Real,Atascadero,CA 93422 (805) 466-6965 Description for Curbside Recycling Services Coast Recycling is willing to provide residential curbside recycling collection for the City of Atascadero, California. Coast Recycling will collect newspaper,glass,aluminum, tin cans,PETE plastic,HDPE plastic and other plastic household food product containers from the onset of service. Coast Recycling will expand the types of materials collected or services offered when market conditions permit and necessary collection requirements have been completed. Service Operations Collection Coast Recycling will provide weekly pick-up of co-mingled recyclable materials on residential garbage days for all single family households in Atascadero.A designated employee will coordinate the collection operation and will service any complaints or questions from our Atascadero office. Vehicles & Employees Coast Recycling will use multi-compartment collection vehicles operated by two employees. The vehicle will be operated by a driver and collector who will follow existing waste collection guidelines required by a contracted waste hauler. Coast Recycling will provide backup vehicles in the event any problems should arise. Containers Coast Recycling will provide curbside collection containers for all single family residents. Only residents who contact our Atascadero office will receive containers. Containers will be delivered to residents home or may be picked up at our Atascadero office. Coast Recycling Centers-Atascadero-Brawley-Callexico-©Centro-Holtville-Imperial-Morro Bay nava M Raeydd PWw COAST RECYCLING CENTERS 4950 0 Camino Real,Atascadero,CA 93422 (805) 466-6965 Collection Requirements Coast Recycling shall require that newspapers be tied with twine,or bagged in paper sacks. Glass, aluminum, tin cans and plastics shall be placed mixed in the collection containers. All materials shall be placed at curbside no later than 6:30 a.m. on residential garbage collection days. Education Promotional Information Coast Recycling will provide educational and promotional materials to insure adequate participation.Flyers explaining the program will be available for all residents. Because Coast Recycling is a certified recycling buyback center, a variety of educational materials are provided at no cost by the California Division of Recycling. These materials will be available to all Atascadero residents. The available materials include posters,pencils, stickers, buttons and other recycling related literature. Processing Materials & Marketing Coast Recycling will be the owner of all materials that are collected from the curbside program. Coast Recycling will process and ship the recyclable materials from our Atascadero location. Coast Recycling shall be responsible to broker and market all materials collected through the curbside program. Coast Recycling Centers a Atascadero a Brawley a Callexico a El Centro a Holtville a Imperial a Morro Bay P H&W as Rscycw raps COAST RECYCLING CENTERS 4950 II Camino Real,Atascadero,CA 93422 (805) 466-6965 Costs Coast Recycling will require an assessed fee for all single family residences to help fund the curbside program. Fee costs, billing procedures,operational costs breakdown and detailed information will be provided when the City of Atascadero issues an RFP. Coast Recycling Centers•Atascadero•Brawley•Callvdco•El Centro•Holtvine•Imperial•Morro Bay Pnw/on Roe,d"Pop REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-1 Through: Ray Windsor, City Manager Meeting date: 9/24/91 From: Mike McCain, Acting Fire Chief SUBJECT: Award of bid to purchase a four-wheel drive vehicle RECOMMENDATION: Recommend Council award the bid to purchase a four-wheel drive vehicle to Kimball Motor Company, for the amount of $21 , 979. 17 . Additionally, recommend Council approve purchase of an extended vehicle warranty in the amount of $722 .00 . BACKGROUND: Funds were budgeted for replacement of a converted APD sedan with over 200, 000 miles , which will not pass smog testing . The vehicle will be used as a mobile incident command post and as the on-duty Battalion Chief' s vehicle . ANALYSIS : Bid specifications were mailed to 17 potential vendors . However, due primarily to our bidding a 1991 vehicle ( to keep overall costs down) , only one bid was received for a Chevrolet Blazer from Kimball Motor Company. The department currently has two similar vehicles and has a mechanic certified to service these vehicles according to warranty specifications . An extended vehicle warranty ( 7 years or 100, 000 miles ) which covers all options, and has no deductible for repairs, is available for an additional $722 .00 . Purchase of this warranty would provide a cost savings as all repairs would be covered and the department plans to keep the vehicle for many years . FISCAL IMPACT: The current year budget includes $20 , 000 .00 for vehicle replacement, therefore purchase of the vehicle and extended warranty would exceed the budgeted amount by $2 , 701 . 17 . Our Finance Director has confirmed that sufficient appropriations currently exist in the equipment replacement budget. This is due to delays in receiving all of our anticipated capital lease revenues , which in turn reduces our overall lease payments for the year. . BID SUMMARY TO: Mike McCain Acting Fire Chief FROM: Lee Raboin 7/ City Cler: BID NO. : 91-14 OPENED : 9/10/91 2:00 p.m. PROJECT: Four-Wheel Drive Vehicle I received and opened today, the following bid: Bidder Name, Address & Phone Bid Amount Kimball Motor Company $21,979. 17 P.O. Box 4010 San Luis Obispo, CA 93403 543-5752 This was the only bid received. Stewart Olds out of Santa Maria notified us formally that they would not be submitting a bid on this vehicle. Attachments: 1 bid c: Cathy, Finance , Mt■ccnra�r�+i - cmylkoild ` RttRtAf101'YA!•V�ttIdES y � BALtCti 1 Sttfii�Y,._ t Office Box 41110 San Luis Obispo,CA 93403 1423 Calle Joaquin San Luis Obispo,CA 93401 18051543-5752 18001521-4448 September 7, 1991 City Clerk C/o City of Atascadero 6500 Palma Ave. Atascadero CA 93422 Bid No 91-14 9/10/91, 2:00 p.m. Enclosed are the following: 3 copies each: Bid Response Form Vehicle Equipment List Factory Warranty Optional Extended Service Contract If I can be of future service please contact me. Sincerely, �(_A- Dale Carr Fleet Manager DC:md Enclosures • a City of Atascadero BID RESPONSE FORM page 1 of 2 Request for Bid #91-14 In response to your bid invitation and in accordance with your conditions and specifications, we agree to furnish and deliver a 1991 4-wheel drive _ vehicle to the City of Atascadero Fire Department, located at 6005 Lewis Avenue, Atascadero, California, as specified, for the bid price quoted below. ----------------------------------------------- i Each 1991 4-wheel drive Mode 1 :-CHEV-K BLAZER vehicle ------------------- Subtotal 20,392.00 Sales Tax 1,5-87.17 ---- ---------- TOTAL 21,979.17 • To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , .and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the openi.,n t.^, furnish any or all of the ; *BMs upcn which pries are quoted, at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of - u--oN�% will be allowed for payment within 30 days - from date of delivery. --------------------------------- Bidder &i�L I_M_PO__RT_AN_T__I_NS_T_RU_C__T I_O_N_S__TO___BI_D_D_E_R Bids_must be sealed and By _ addressed to : (au horized signature) City of Atascadero Title...Flpei er----------- City Clerk Phone:___SLl' 6500 Palma Avenue Address d - o O -'---- �S. -Y--L------- Atascadero , Cal ifbrnia 93422 _ _ �ru_1 __Z22_j - Bid Bid #91-14,9/10/91 ,2:00 pm Date: 9-7-91 -� PLEASE STAPLE ANY ADDITIONAL INFORMATION TO RESPONSE SHEETS. a City of Atascadero BID RESPONSE FORM Continuation Sheet page 2 Of 2 Request for Bid #91-14 ---------------------------------------------------------------- Address of local service facilities: 1423 CALLE JOAQUIN SAN LUIS OBISPO CA 93401 Parts delivery schedule: F.O.B. SAN LUIS OBISPO This price includes a $1500.00 factory rebate that is effect until 9-25-91. Delivery must be made by 9-26-91. This bid is based on a 1991 unit that is in dealer stock and subject to prior sale. 21,692.00 Transportation Delear Trade 200.00 21,892.00 Chevrolet Rebate 1,500.00 Subtotal 20,392.00 Sales Tax--- 1,587.17 ----------------- TOTAL---_21,979.17 ---------------- Total from previous page_-_ 21,979.17 ---------------- GRAND TOTAL--- 21,979_17___--____ -------------------- Bidder KIMBALL MOTOR COMPANY_____ `By-- - --� �- ---- ----- (Au horized. Signature) Ti t1e__ FLEET MANAGEE------------ t1t ' 1 K Yyq t')i' Post Office Box 4010 San Luis Obispo,CA 93403 1423 Calle.loaquin San Luis Obispo,CA 93401 (905)543-5752 • (800)521.4448 I September 7, 1991 Bid No. 91-14 1991 Chevrolet K Blazer I Euipped as below MAL & FACTORY OPTIONS CV 0516 BLAZER 4WD YF CALIFORNIA EMISSION REQUIRE:MENf MX 4-SPD. AUTO. TRANS. W/OVERDRIVE i LO 5.7 LITER EFI V8 GAS GM ENGINE � PRODUCED IN U.S. OR CANADA G8 LOCKING DIFFERENTIAL-REAR AXLE D4ELECTRIC REMOTE EXTERIOR , MIRRORS F60 HEAVY DUTY FRONT SPRINGS GU6 REAR AXLE - 3.42 RATIO XUZ FRT TIRES 31X10.50R 15/8 011/0FF YUZROAD STEEL BELT WHITE LETTER REAR TIRES 31X10.501115/8 014/OFF ROAD STEEL BELT WHITE LETTER ZUZ SPARE TITRE 31X10.50R15/B 014/OFF ROAD STEEL BELT WHITE LEITER Z8 HEAVY DUTY TRAILERING SPECIAL EQUIPMENT SILVERADO EQUIPMENT AIR CONDITIONING REAR SEAT ' CONVENIENCE GROUP: TILT WHEEL AND SPEED CONTROL ' CONVENIENCE GROUP: POWER WINDOWS AND POWER DOOR LOCKS DEEP TINTED GLASS ALUMINUM WHEELS SLIDING QUARTER WINDOW AM/FM STEREO RADIO W/SEEIC& SCAN,CLOCK AND CASSETTE: FUEL TANK SHIELD AUTOMATIC LOCKING HUBS STAINLESS STEEL E-L MIRRORS I +Z PREFERRED EQUIPMENT , GROUP SAVINGS C 1 K WHITE TOP i 6 D SADDLE CUSTOM CLOTH HIGH BACK i 7 U FIRECLINING BUCKET SEATS REDI I I i 1 i WARRANTY COVERAGE AT A GLANCE The 1991 warranty coverages are summarized below. Please read pages 6 through 22 for complete details, including deductible." Warranty Limitations Amount of Time Or Mileage Dealer's Whichever Occurs First Repair Charge Vehicle Coverage Time Vehicle Miles Paid By Owner 1 Year/12,000 Bumper to Bumper Plus 0-3 Miles No Charge (except 6.2L-Diesel Engine Years 0-50,000 $100.00 deductible and Battery) � per repair visit after 1 Year/12,000 Miles 1 Year/12,000 0-5 Miles No Charge 6.2L Diesel Engine Years 0-100,000 $100.00 deductible per repair visit after 1 Year/12,000 Miles 1 Year/12,000 Miles No Charge Battery 0-3 0-50,000 Pro-Rated Charge Applies Years to Battery Replacement After 1 Year/12,000 Miles Emission Control System 0-5 Warranties-Federal Gasoline Years 0-50,000 No Charge Engines Emission Control System 0-5 Warranties-Federal Diesel Years 0-50,000 No Charge Engines Emission Control System 0-3 Warranties - California Years 0-50,000 No Charge Gasoline Engines' Emission Control System 0-5 Warranties - California Years 0-100,000 No Charge Diesel Engines Emissions - Noise The Life Of The Vehicle No Charge Corrosion (Rust Through) Years 0-100,000 No Charge 'Some specified components are covered for 7 Years/70,000 Miles. Refer to pages 18 and 19 for details. If you have a diesel engine other than the GM 6.21- Diesel, refer to page 8 for warranty information. 5 THIS IS YOUR CONTRACT - PLEASE READ IT CAREFULLY, So, Ct NEW AND USED VEHICLE COVERAGES Lci� DEDUCTIBLE: y IF YOU PURCHASED A NEW VEHICLE PLAN THE DEDUCTIBLE WILL BE FIFTY DOLLARS (S5O.00) FOR EACH REPAIR VISIT. c UNLESS YOU PURCHASED THE ZERO DEDUCTIBLE OPTION, IN WHICH CASE THE DEDUCTIBLE WILL BE WAIVED. IF YOU PURCHASED A USED VEHICLE PLAN THE DEDUCTIBLE WILL BE FIFTY DOLLARS ($50.DO1 PER COMPONENT REPAIRED, PER VISIT. THE DEDUCTIBLE DOES NOT APPLY TO THE RENTAL OR TOWING PROVISIONS OF THIS CONTRACT. PARTS AND COMPONENTS COVERED (ONLY THOSE PARTS LISTED BELOW ARE COVERED, ANY PARTS NOT LISTED ARE NOT COVERED) PARTS AND COMPONENTS LISTED UNDER 1, 2, 3, AND 4 ARE NOT COVERED IF A NEW VEHICLE SERVICE CONTRACT PLAN IS SOLD OR TRANSFERRED TO A 2ND RETAIL PURCHASER AND THE ORIGINAL NEW CAR LIMITED WARRANTY POWERTRAIN COVERAGE WAS NOT TRANSFERRED. 1. ENGINE: COVERED COMPONENTS USED VEHICLE: If you purchased a USED Vehicle Plan the following parts and components are covered:All internally lubricated parts contained within the Engine Block, within the Rotary Engine Rotor Housings, or within the Cylinder Head(s). Also the Oil Pump, Timing Chain & Gears and Timing Belt & Tensioners. Note: Engine Block, Rotor Housing, Cylinder Head(s), Oil Pan & External Cover(s) are covered ONLY if damaged by the failure of an internally lubricated moving part. NEW VEHICLE:If you purchased a NEW Vehicle Plan then All Items listed above under Used Vehicle Engine coverage and the following additional parts and components are covered:Engine Mounts,Harmonic Balancer,Intake Manifold,Exhaust Manifold(s) and Engine Oil Containment Seals & Gaskets. 2. TRANSMISSION: USED VEHICLE: If you purchased a USED Vehicle Plan the following parts and components are covered: (Automatic, Standard or Transfer Case) All internally lubricated parts contained within the Transmission Case or Transfer Case. Torque Converter, Over-Drive Units, Vacuum Modulator and Internal Electronic Control Units. Covers, Pans & Cases are covered ONLY if damaged by the failure of an internally lubricated moving part. NEW VEHICLE: If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Transmission coverage and the following additional parts and components are covered: Flexplate, Transmission Mounts, Factory Installed Transmission Cooler, Metal Lines & Fittings, Filler Tube & Dip Stick and Seals & Gaskets. 3. FRONT WHEEL DRIVE: USED VEHICLE:If you purchased a USED Vehicle Plan the following parts and components are covered:(Transaxle ONLY)All internally lubricated parts contained within the Final Drive Housing. Axle(s) & Constant Velocity Joint(s) and Constant Velocity Joint Boots. Final Drive Housing is covered ONLY if damaged by the failure of an internally lubricated moving part. NEW VEHICLE: If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Front Wheel Drive coverage and the following additional parts and components are covered: Seals & Gaskets. 4. DRIVE AXLE: USED VEHICLE: If you purchased a USED Vehicle Plan the following parts and components are covered: (Includes 4-Wheel Drive Vehicle All internally lubricated parts contained within the front & rear Drive Axle Housings, including Axles, Bearings, Retainers, Locking Hubs, Drive- shaft, and U-Joints. Drive axle housings are covered ONLY if damaged by the failure of an internally lubricated moving part. NEW VEHICLE: If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Drive Axle coverage and the following additional parts and components are covered: Seals & Gaskets. 5. BRAKES: USED VEHICLE:If you purchased a USED Vehicle Plan the following parts and components are covered:Master Cylinder,Vacuum/Hydro Booster, Vacuum Pump, Wheel Cylinders, Calipers, Equalizer/Distributing Valves, Brake Pedal Assembly and Hydraulic Metal Lines & Fittings. NEW VEHICLE:If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Brakes coverage and the following additional parts and components are covered: Parking Brake Assembly and Seals & Gaskets. 6. COOLING: USED VEHICLE:If you purchased a USED Vehicle Plan the following parts and components are covered: Radiator Fan Motor & Relay and Water Pump. NEW VEHICLE: If you purchased a NEW Vehicle Plan then All items listed above under USED Vehicle Cooling coverage and the following additional parts and components are covered:Fan Clutch,Fan Shroud,Fan Blades,Coolant Recovery Unit and repairs to the Radiator Assembly. 7. FRONT & REAR SUSPENSION: USED VEHICLE: If you purchased a USED Vehicle Plan the following parts and components are covered: Upper & Lower Control Arms, Shafts & Bushings, Upper & Lower Ball Joints, Torsion Bars & Bushings, Coil Springs, Leaf Springs, Leaf Spring Shackles & Bushings, King Pins & Bushings, Strut Rods & Bushings, Spindle and Spindle Support, Wheel Bearings, Stabilizer Shaft Linkage & Bushings, Hubs are covered if damaged as a result of Wheel Bearing failure. Shock Absorbers are NOT covered. NEW VEHICLE:If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Front & Rear Suspension and the following additional parts and components are covered: Ride control Sensors & Control Valves and Seals & Gaskets. 8. TWO WHEEL STEERING SYSTEM: USED VEHICLE: If you purchased a USED Vehicle Plan the following parts and components are covered:All internally lubricated parts contained within the Steering Gear Housing, Power Steering Pump & Pressure Control Valves, Power Cylinder Assembly, Rack & Pinion, Drag Link and Steering Knuckles. Housings are covered ONLY if damaged by the failure of an internally lubricated part. NEW VEHICLE: If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Two Wheel Steering System coverage and the following additional parts and components are covered: Tie Rod Ends and Seals & Gaskets. 9. ELECTRICAL: USED VEHICLE: If you purchased a USED Vehicle Plan the following parts and components are covered: Starter Motor & Solenoid, Alterna & Voltage Regulator, Windshield Wiper Motor, Windshield Washer Pump & Wiper Switch, Rear Window Wiper Motor, Rear Window Washes Pump & Rear Window Wiper Switch, Wiring Harness, Headlamp Switch, Directional Turn Signal Switch, Ignition Switch and Air Conditioning Blower Motor & Fan. NEW VEHICLE: If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Electrical coverage and the following additional parts and components are covered: Horn Actuator, Horn Relay & Horns, Rear Window Heating Relay & Actuator Switch, Neutral Safety Switch, Backup Light Switch,Distributor, Coil and Electronic Ignition Computer Module. 10. FUEL: If you purchased a NEW or USED Vehicle Plan the following parts and components are covered:All internal parts within the Supercharger/Turbo- 11. INTERIOR CLIMATE AND COMFORT: USED VEHICLE:If you purchased a USED Vehicle Plan the following parts and components are covered:(Factory or Dealer Installed)Compressor, Clutch & Pulley Assembly, Idler Pulley & Bearing, Evaporator, Condenser, Receiver-Dryer and Accumulator. Hoses are not covered. NEW VEHICLE: If you purchased a NEW Vehicle Plan then All items listed above under Used Vehicle Interior Climate and Comfort and the following additional parts and components are covered: Compressor Mounting Bracket, Orifice Tube, Heater Core, Heater Control Valve, Air Ducts & Outlets and Seals and Gaskets. Hoses are NOT covered. 12. INTERIOR & EXTERIOR: NEW VEHICLE ONLY: If you purchased a NEW Vehicle Plan the following parts and components are covered: Glove Box Door & Hinge, Manually Operated Seat Tracks, Interior & Exterior Door Handles, Door Hinges, Map/Courtesy Light Assembly, Hood Gas Cylinders, Hood Hinges, Trunk/Hatch Gas Cylinders, Trunk/Hatch Hinges & Torsion Bars, Bumper Energy Absorbers and Speedometer Head. USED VEHICLE PLANS ONLY SEALS & GASKETS ARE NOT COVERED. UNLESS YOU PURCHASED THE OPTIONAL SEALS & GASKETS COVERAGE BRAKE SHOES. PADS, ROTORS & DRUMS, MANUAL & HYDRAULIC CLUTCH COMPONENTS, FILTERS, BELTS, BULBS, AND OTHER MAINTENANCE ITEMS ARE NOT COVERED ON EITHER NEW OR USED VEHICLE PLANS 13. CAR RENTAL: We will pay your actual expenses (excluding mileage, optional insurance and fuel charges) up to $20.00 per day to a total of $200.00 for any one period to rent a replacement car when the vehicle described in the schedule becomes inoperative due to a mechanical breakdown covered by this contract. Car rental is provided for parts delays up to (2) additional days, but MUST be pre-approved by the Administrator. Car rental is not provided for delays because of shop scheduling or for work not covered by this contract. Your car rental benefit is based upon the number of labor hours required to repair your vehicle as listed in a nationally recognized labor time guide. Each eight (8) hours of labor counts as (1) day (0 to 8 hours equals one day, 8.1 to 16 hours equals 2 days, etc.). Car rental will be paid ONLY upon receipt of a valid dealer's or licensed rental agency receipt. (This coverage does not apply in the State of Hawaii). 14. TOWING: We will pay your actual expenses up to $50.00 per occurrence for towing should the vehicle described in the schedule require such service as a result of mechanical breakdown or failure covered by this contract. Towing will be paid ONLY upon receipt of valid dealer's or licensed towing agency receipt. (This coverage does not apply in the State of Hawaii). ORTECH OPTION: OPTIONAL COVERAGES ER TECH OPTION: USED VEHICLE: If you purchased a USED Vehicle Plan and the USED Power Tech Option then the following parts and components are covered: Power Window Motor(s), Power Antenna Motor, Power Door Lock Solenoid(s), Power Trunk Motor, Power Trunk Release Solenoid, Power Headlight Door Motor(s) (Retractable Headlights), Power Sunroof Motor & Convertible Top Motor, Power Seat Motor, Power Mirror Motor(s) and Cruise Control Servo & Sensor. Also covered are the Manually Operated Switches for the above listed parts. NEW VEHICLE: If you purchased a NEW Vehicle Plan and the NEW Power Tech Option then All items listed above under Used Power Tech Option and the following additional parts and components are covered: Electronic Level Control Compressor& Level Control Valve & Sensors,Power Window Regulator(s) and Power Seat Transmission. ELECTRONICS PACKAGE OPTION: USED VEHICLE: If you purchased a USED Vehicle Plan and the USED Electronics Package Option then the following parts and components are cbvered: Electronic Digital Dash & Trip Computer Control Module, Factory Installed Electronic Combination Entry System, Factory Installed Anti-Theft Device, Fuel Injection Sensor(s), Fuel Computer Control Module, Electronic Ignition Computer Control Module and Air Conditioning Temperature Control Programmer Computer. NEW VEHICLE: If you purchased a NEW Vehicle Plan and the NEW Electronics Package Option then All items listed above under Used Electronics Option Coverage and the following additional parts and components are covered: Variable Valve Timing Computer Control Module, Turbo Boost Computer Control Module, Anti-Detonation Sensor(s). HIGH ENGINEERING PACKAGE OPTION: If you purchased a NEW or USED Vehicle and you purchased the NEW or USED High Engineering Package Option then the following parts and components are covered: FOUR WHEEL MECHANICAL STEERING SYSTEM: In addition to the components covered in #8 Two Wheel Steering System, the following additional components are covered: All internally lubricated parts within the Rear Steering Gear Housing and Seals & Gaskets. Housings are covered ONLY if damaged by the failure of an internally lubricated part. FOUR WHEEL ELECTRIC HYDRAULIC STEERING SYSTEM: In addition to the components covered in #8 Two Wheel Steering System, the following additional components are covered: All internally lubricated parts within the Rear Steering Gear Housing, Power Cylinder, Output Rod, Centering Lock Spring, Solenoid Valve, Control Valve, Phase Control Unit & Stepper Motor, Control Yoke, Main Bevel Gear, Control Rod, Speed Sensors and Seals & Gaskets. Housings are covered ONLY if damaged by the failure of an internally lubricated part. ELECTRONIC POWER STEERING SYSTEM: Electric Motor, Steering Rack, Computer Control Module, Steering Torque Sensor and Seals & Gaskets. Housings are covered ONLY if damaged by the failure of an internally lubricated part. ID STEERING SYSTEM: In addition to the components covered in #8 Two Wheel Steering System, the following additional components are Wed: Computer Control Module, Heating Unit, Seals & Gaskets and Electrically Driven Hydraulic Pump & Motor. Housings are covered ONLY maged by an internally lubricated part. ANTI-LOCK BRAKE SYSTEM: In addition to the components covered in #5 Brakes, the following additional components are covered: Electronic Control Unit, Anti-Lock Computer Modulator, Wheel/Speed Sensor(s) & Excitor(s), Proportioning Valve(s), High Pressure Hydraulic Pump, Electro-Hydraulic Proportioning Control Valves and Seals & Gaskets. Housings are covered ONLY if damaged by an internally lubricated part. SEALS & GASKETS OPTION: If you purchased a USED Vehicle Plan and the Seals & Gaskets Option then the following parts and components are covered:Engine Oil Containment Seals & Gaskets, Transmission Seals & Gaskets, Front Wheel Drive Seals & Gaskets, Drive Axle Seals & Gaskets, Two Wheel Steering Seals & Gaskets and Air Conditioning Seals & Gaskets (Hoses are not covered). CONTRACT DEFINITIONS: YOU and YOUR:Refer to the Purchaser or Lessee shown in the Schedule and the spouse if a resident of the same household. WE, US, and OUR:Refer to the Dealer or Lessor providing this Contract. MECHANICAL BREAKDOWN: Means the breakage or total failure of a covered part resulting in a mechanical failure other than one caos wear and usage or failure of a non-covered part, making the covered part incapable of performing the function for which it was des commercial, rental, emergency COVERED AUTOMOBILE: Means only that private passenger car, light truck, or van (not used for any cor for „ + purposes), purchased or leased, described in the Schedule. y EFFECTIVE DATE NEW VEHICLE PLAN: Means the date of a new vehicle plan and must be the original in date, whichever is the earlier date. service date or the first retail purchase EFFECTIVE DATE USED VEHICLE PLAN:Means the date the vehicle is actually purchased. ODOMETER READING: Means the actual miles shown on the odometer at the time the vehicle is purchased and the actual miles traveled as measured by an operative, unaltered odometer. CONTRACT TERRITORY. TERM AND MILEAGE: The Contract applies to a mechanical breakdown or failure occurring only within the United States, its Territories or Possessions, or Canada. It is effective upon issuance and expires in accordance with the elapsed time and mileage on the Schedule for the Plan You purchased. g shown YOUR RESPONSIBILITIES: In order to keep the Mechanical Breakdown Contract in force during its term, You must maintain the vehicle in accordance )NiTiAL with the requirements of this Contract as stipulated herein, on page 7, and perform all other special services as recommended by the dealer or the manufacturer.Before any repair is authorized,We may require You to prove You have properly maintained the vehicle as required You are responsible to retain the receipts identifying the vehicle, showing date, mileage and services performed; and provide them to Us or Our administrator in the event of a claim. q ed above. Therefore, PAYMENT OF MECHANICAL REPAIRS: We will pay for the reasonable cost of or reimburse for the cost of repair (Diagnostic and Repair Time is allowed only as indicated in established industry time guides) or we will arrange for the repair of such covered repair at Our expense when repaired b a licensed repair facility (someone other than Us). We will also pay for receipted towing and car rental expense, as herein provided. Payment to be made within thirty (30) days after receipt of proof of loss. y DEDUCTIBLE: You will be responsible to pay the deductible indicated herein for the Plan You purchased. You are also responsible to pay any other incidental charges as indicated under Contract Exclusions. (Refer to the specific Plan chosen to determine what DEDUCTIBLE applies, if any.) ZERO DEDUCTIBLE OPTION: This option is available only at an additional cost, and is so indicated on the schedule. HOW TO MAKE A CLAIM: In the event of a mechanical breakdown or failure, You must notify Us (Dealer) promptly telling Us how, when and where it occurred. You must also: (1) Take all reasonable precautions to protect the vehicle from further damage in order to prevent additional cost or repairs. Your failure to do so will cause this additional cost to be paid by You; (2) Either return the vehicle to Us or contact Us during normal service department hours. If this is not possible or practical, You m authorize the repairing facility to inspect and diagnose, as necessary, to determine the cause of failure and the cost of parts and late to repair. Then You or the repairer must call Our Administrator, Heritage Management Corporation PRIOR to starting the repairs. The costs incurred for disassembly or diagnostic work is Your responsibility and expense if the breakdown is not covered by this Contract; (3) At Our request, provide proof of maintenance; (4) You must, at Our option, permit inspection of the vehicle by Us or the administrator BEFORE repairs are performed; (5) Pay the deductible as applicable; (6) Provide complete cooperation in the investigation of any breakdown; (7) You must provide Us with receipted proof of loss within ninety (90) days of the completion of the authorized repairs. MANUFACTURER'S WARRANTY: We will pay for those repairs specifically covered by this contract that are not covered by any Manufacturer's Warranty applicable to the failed component requiring repair.In the event there is any Manufacturer's Warranty applicable to the vehicle and/or failed component covered by this contract, then that Warranty shall be responsible to pay for any repairs, whether collectible or notexcept fy deductible or rental provisions provided herein. , or an REPAIRER'S GUARANTY OR OTHER SERVICE CONTRACT: Any repair facility repairing Your vehicle for a Mechanical Breakdown covered by this contract is fully responsible for that repair for 90 days from the date of the repair and this Contract has no liability for similar repairs to the same component during this 90 day period. If more than one Mechanical Breakdown Contract or Insurance Policy can be applied to a mechanical breakdown covered by this Contract, then the coverage of this Contract shall be excess over all other coverages regardless of collectibility. LIMIT OF LIABILITY: Our limit of liability and the total of all benefits paid or payable during the term of this Contract will in no event exceed the actual cash value of the vehicle at the time of a mechanical breakdown. Replacement of any parts shall be made with parts of like kind and equivalent quality. This Contract is limited to repair or replacement of the covered failed part only to restore the failed part to the same or like condition prior to the breakdown, consequential damage to non covered parts are not covered items. CONTRACT EXCLUSIONS- WHAT IS NOT COVERED: THIS CONTRACT DOES NOT COVER OR APPLY TO THE FOLLOWING CONDITIONS: (1) NO CLAIM WILL BE PAID WITHOUT THE AUTHORIZATION OF OUR ADMINISTRATOR, HERITAGE MANAGEMENT CORPORATION, PRIOR TO STARTING THE REPAIR(S), FOLLOWING DIAGNOSIS OF THE MECHANICAL BREAKDOWN COVERED BY THIS CONTRACT. (2) OVERHAUL DUE TO ANY ONE OR COMBINATION OF (1) GRADUAL WEAR AND USAGE; (2) REPAIR OF VALVES AND/OR RINGS WHERE THE ONLY MALFUNCTION IS LOW COMPRESSION OR EXCESSIVE USE OF OIL; (3) GRINDING OF VALVES ON NON-FAILED CYLINDERS; (4) THE REPLACEMENT OF MAINTENANCE ITEMS SUCH AS:THERMOSTAT.SPARK PLUGS,POINTS,FILTERS,POSITIVE CRANKCASE VENTILATION VALVE, BRAKE AND CLUTCH LININGS, SURFACING OF CYLINDER HEADS, GLOW PLUGS & CONTROLLERS, TUNE-UPS, ALIGNMENTS, OR REPAIRS TO OR REPLACEMENT OF ANY PARTS NOT SPECIFIED IN THIS CONTRACT. THIS EXCLUSION ALSO INCLUDES ATTACHING PARTS, BOLTS, CLAMPS, GROMMETS, BELTS, HOSES AND LINES (STEEL OR RUBBER), SHOP SUPPLIES, ADDITIVES, FLUIDS, FREIGHT AND CORE CHARGES. 01 (3) ANY COST INCURRED FOR DISASSEMBLY OR DIAGNOSIS IS AT YOUR EXPENSE IF THE INSPECTION DETERMINES THAT THE BREAKDOWN WAS NOT CAUSED BY THE FAILURE OF A PART COVERED BY THIS CONTRACT OR WAS CAUSED BY WEAR AND USAGE. (4) ANY PART WHICH HAS NOT BROKEN DOWN, BUT WHICH A REPAIR FACILITY RECOMMENDS OR REQUIRES THAT IT BE REPAIRED OR REPLACED IS YOUR RESPONSIBILITY AND EXPENSE. (5) ANY MECHANICAL BREAKDOWN COVERED BY THIS CONTRACT RESULTING FROM THE FAILURE OF ANY NON-COVERED PART. (6) MECHANICAL BREAKDOWN DUE TO OVERHEATING FROM ANY CAUSE. RE. LACK OF OIL, LACK OF COOLANT, ETC.). (7) MECHANICAL BREAKDOWN RESULTING FROM FAILURE TO PERFORM THE REQUIRED MAINTFNAMPF ccuviree rneuer { REPORT TO CITY COUNCIL Agenda Item: D-2(A&B) CITY OF ATASCADERO i Through: Ray Windsor, City Manager Meeting Date: 9; 24/9 ' From: Mark Joseph, Administrative Services Director SUBJECT: Seeking Governmental Financial Assistance for the Carlton Hotel Project RECOMMENDATION: Staff recommends Council Approve Resolutions No . 93-91 and 94-91 , allowing the City to apply for Governmental financial assistance for the Carlton Hotel . BACKGROUND/ANALYSIS The Carlton Hotel is one of the few remaining buildings built by the original Atascadero Development Syndicate. It ' s renovation could become a catalyst for the entire downtown revitalization. A local consortium has proposed to restore the hotel and convert it into an indoor shopping mall and low-cost senior residence. Council has endorsed the concept and even designated the site as a local historical building . In order to improve the project ' s financial viability, governmental financial assistance will be needed. Staff has contacted State officials and learned that the City is eligible to apply for up to $500,000 in Community Development Block Grant (CDBG) monies and as much as a $1 ,200,000 low-interest loan for the upstairs housing rehabilitation. The local project managers have requested that the City make the application. They have also agreed to pay for the costs of a grants writer who will work with us to gain State approval . As a result , there will be no direct out-of-pocket expense for the City. FISCAL IMPACT As noted above, there is no direct expense to the City. In the case of the CDBG grant , the monies would be provided to the Carlton Hotel Project in the form of a low-interest loan, which should offset any administrative expenses . Assuming the project is successful , the additional property and sales tax revenue would go directly into the General Fund . a :cdbg-grant RESOLUTION NO. 93-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AN APPLICATION FOR FUNDING FROM THE ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE CDBG PROGRAM AND IDENTIFYING THE RESPONSIBLE PARTY FOR GRANT ADMINISTRATION HE IT RESOLVED by the City Council of the City of Atascadero as follows: SECTION 1 . The City Council has reviewed and hereby approves an application for : The Carlton Hotel Project in the amount of $500,000.00. SECTION 2. The City Council has reviewed and hereby agrees to comply with all assurances executed in connection with the application and , if awarded , the grant . SECTION 3. The Administrative Services Director is hereby authorized and directed to act on the City ' s behalf in all matters pertaining to this application, including submittal of the application, execution of the grant agreement , drawdown of funds, submittal of amendment requests, and execution of grant amendment documents. Additionally, the Administrative Services Director shall be the party responsible for grant administration. On motion by Councilperson , seconded by Councilperson, the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ASSENT: y ADOPTED: CITY OF ATASCADERO By: ALDEN F., SHIERS, Mayer ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON City Attorney i RESOLUTION NO. 94-91 A RESOLUTION OF THE CITY OF ATASCADERO APPROVING AN APPLICAITON FOR A CHRP HOUSING REHABILITATION LOAN ON BEHALF OF THE CARLTON HOTEL PROJECT WHEREAS, The State of California, Department of Housing and Community Development , Division of Community Affairs, has issued a NOTICE OF FUNDING AVAILABILITY UNDER THE CALIFORNIA HOUSING REHABILITATION PROGRAM (CHRP) : and WHEREAS, the City of Atascadero is a Municipal Corporation, and has applied for a CHRP loan to assist a substandard structure; and WHEREAS, the Administrative Services Director is designated as the officer who can act on behalf of the City of Atascadero and will sign all necessary documents required to complete the application and award process. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Atascadero hereby authorizes the Administrative Services Director to apply for and accept the loan in an amount not to exceed $1 ,200,000, and to execute a State of California Standard Agreement , other required State documents, and any amendments thereto . CITY OF ATASCADERO By: ALDEN F. SHIERS, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED `AS TO FORM: ARTHER MONTANDON, City Attorney MEETiN'-' AGENDA DATE 9/24/21 {TEM# DD._.-3.....,... UPDATE: September 17, 1991 Formal Complaints Regarding Sidewalk Display and Sales: June 28, 1991 Olde Curiosity Shoppe, 5905 El Camino Real* File Number 91-179.002 September 6, 1991 Classy Cover Ups, 5735 El Camino Real #K.( File Number 91-249.001 September 11, 1991 R Mart, 4400 E1 Camino Real File Number 91-254. .001 Coast to Coast Hardware, 5805 E1 Camino Real File Number 91-254.002 Grisanti Hardware, 5890 Entrada File Number 91-254.003 Cornet Store, 7100 El Camino Real File Number 91-254.004 Sprouse-Ritz, 7175 E1 Camino Ileal File Number 91-254.005 Bloom a Grow, 7321 E1 Camino Real File Number 91-254.006 Disciple Shop, 7367 El Camino Real File Number 91-254.007 Furniture Factory, 7440 E1 Camino Real File Number 91-254.008 Coast Satellite T. V., 7935 El Camino Real File Number 91-254.009 Tool Outlet, 8040 El Camino Real File Number 9lZ254.010 Yardstick, 8310 E1 Camino Real File/'Number 91-254.011 Classy Cover Ups, 5735 El Camino Real #R,/ File Number 91-254.015 September 16, 1991 Sam's Dolls 'n Bears, 7440-A El Camino Real File Number 91-254.012 San Luis Paints, 8130 El Camino Real File Number 91-254.013 NEWSPAPER RACKS, 8507 El Camino Real File Number 91-254.014 September 17, 1991 California Fashions, 7375 El Camino Real File Number 91-254.016 DeCou Lumber, 8900 El Camino Real File Number 91-254.017 Pacific Home Improvement, 9370 E1 Camino Real File Number 91-254.018 Pro-Cycle, 7950 El Camino Real File Number 91-254.019 Taylor Rental, 8195 E1 Camino Real File Number 91-254.020 * in compliance at this time. / re-numbered to facilitate tracking AND remain consistent in enforcement.