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Agenda Packet 01/28/1991
RJELIC REVIEW COPY # PLEASE.-OC} H REMM ERt�I G 'E.R AGENDA ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING1 6500PALMA FOURTH FLOOR, ROTUNDA ROOM JANUARY 28, 1992 7:00 P.M. This agenda is prepared and posted pursuant to the require- ments of Government Code Section 54554.2. 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 saff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and exe�aute agreements pertaining to the item.; adoption or approval; ands' 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 inspection 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. Call to Order Pledge of Allegiance Roll Call City Council Comments 1 I 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. A. CITTEE 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/Hazardous Waste Management Committee 3. Recycling Committee 4. Economic Opportunity Commission 5. City/School Committee 6. Traffic Committee 7. County Water Advisory Board 8. Economic Round Table 9. B.I.A. 10. Colony Roads Committee 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 Councilor public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar: 1. CITY 'COUNCIL MINUTES - JANUARY 14, 1992 2. CONSOLIDATED TREASURER'S REPORT DECEMBER, 1991 3. BOARD OF APPEALS VACANCIES - SCHEDULE INTERVIEWS 4. NOTICE OF TRAFFIC COMMITTEE VACANCIES 5. AUTHORIZE RENEWAL OF CONTRACTS FOR HEALTH INSURANCE POLICIES 2 6. RESOLUTION NO. 08-92 - AUTHORIZING RENEWAL OF 000PERATIVL PER- SONNEL SERVICES TEST USE AGREEMENT 7 JUNE 2, 1992, =MUNICIPAL ELECTION A. Resolution No. 09-92 - Calling and G*ving Notice of Election B. Resolution No. 10-92 - Requesting Consolidation with S.L.O. County S. RESOLUTION NO. 14-92 - AUTHORIZING THE EXECUTION OF AN AGREE- MENT WITH CONTRACT SURVEY DESIGN FOR PLANS .AND SPECIFICATI©NS FOR RELIEF 'SEWER 9. AUTHORIZE AGREEMENT WITH COLONIAL LIFE & ACOIDENT INSURANCE CO. AS PLAN ADMIINISTRATOR FOR FLEXIBLE BENEFITS FOR POLICE.AND FIRE DEPARTMENT BARGAINING UNITS C. HEARINGSfAPPEARANCES: None D. REGULAR BUSINESS: 1. RESOLUTION NO. 07-92 - AUTHORIZING SUBMITTAL OF AN APPLICATION FOR-A COMMUNITY DEVELOPMENT BLOCK GRANT FOR PL4NNING/TECHNICAL ASSISTANCE TO FIND AND OPTION A SITE FOR THE NORTH COUNTY WOMEN'S SHELTER 2. SLO AREA COORDINATING COUNCIL: PRESENTATION RE: FORMATION OF A SOLID WASTE JPA AND DESIGNATING THE AREA COUNCIL AS THE MET- ROPOLITAN PLANNING ORGANIZATION & CONGESTION MANAGEMENT AGENCY (Ron DeCarli) A. Resolution No. 04-92' - Supporting Establishment of a County-wide- Recycling and Market Development Zone B. Resolution No. OS-92 - Supporting Designation of the Area Council as the Metropolitan Planning 'O�rganizaiion for S.L.O. County C. Resolution No. 06-92 Supporting Designation of the Area Council as the Congestion Management Agency for S.L.O. County 3. HOMELESS SHELTER TASK FORCE - COMMITTEE RECOMMENDATION i • 3 4. SOLID WASTE MANAGT A. Fetter From Wil-Mar Disposal regarding interim changes to recycling program for multi-family .and commercial units B. Procedures for considering mandatory pick-up Implementa- tion tion 5. PURCHASING PROCEDURES - COUNCIL MEMSER(S) APPOINTMENT 6. PAVILION CHANGE ORDERS 7. SMOKE-FREE MEASURES DISCUSSION OF POSSIBLE ALTERNATIVES a. LETTER FROM SLOAC RE: FISCAL YEAR 1992-93 LEGISLATIVE PROGRAM E. INDIVIDUAL DETERMINATION ANDIOR ACTION: 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager * NOTICE: THE COUNCIL WILL ADJOURN TO A CLOSED SESSION FOR PURPOSES OF DISCUSSION REGARDING PERSONNEL MATTERS, PURSUANT TO GOVERMENT CODE SECTION 54957. 4 Agenda Item: B-1 Meeting Date: 01/28/92 ATASCADERO CITY COUNCIL JANUARY 14, 1991 MINUTES Mayor Shiers called the meeting to order at 7:00 p.m. Councilman Nimmo led the Pledge of Allegiance. ROLL CALL: Present: Councilmembers Nimmo, Lilley, Borgeson, Dexter and Mayor Shiers Absent: None Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Henry Engen, Community Development Director; Art Montandon, City Attorney; Mary Redus Gayle, Assistant City Attorney; Mark Joseph, Administrative Services Director; Greg Luke, Public Works Director; Mike McCain, Acting Fire Chier; Bud McHale, Police Chief and Lt. Bill Watton, Police Department COUNCIL COMMENTS: Mayor Shiers noted that the City Clerk had received an educational grant from the California City Clerks' Association to assist with tuition costs related to continuing education and congratulated her. Councilman Lilley mentioned that he was in the third week of a trial and reported that he would be returning all of his calls. COMMUNITY FORUM: There was no public testimony. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Area Coordinating Council/North Coastal Transit - CC01/14/92 Page 1 Councilwoman Borgeson indicated that she did have a report, but in light of the heavy agenda, would postpone the report until the next meeting. 2. Solid/Hazardous Waste Management Committee - Councilman Nimmo reported that he had attended the most recent meeting at which two representatives from the State Integrated Solid Waste Management Board spoke in support of the formation of a market development zone. Each municipality, he explained, would participate in this arrangement for marketing the residue or products of waste disposal. Councilman Nimmo stated that there was some enthusiasm on the part of the County and one or two others; but noted that he had expressed reservation until it became more clear what the City' s commitment would be in terms of personnel participation and dollars. In addition, he reported that there was also discussion regarding a single event for household hazardous waste. Because there was meager participation in 1990, the committee has not agreed to repeat this event but did discuss the possibility of utilizing a mobile pick-up unit. 3. Recycling Committee - Mayor Shiers reported that the committee had met twice and had received applications from a few citizens interested in serving on the committee. He announced that the committee had coordinated a waste audit training session for the 17th of January from 9:00 a.m until 4:OO p.m. at City Hall. The session, he stated, would focus on administrative and restaurant uses and the public is invited. 4. Economic Opportunity Commission - Councilman Dexter reported that the next meeting would be on January 16, 1992 5. City/School Committee - Councilman Dexter announced that the committee would be meeting in February. 6. Traffic Committee - Councilman Dexter indicated that this committee would meet on the following day at 3:45 p.m. 7 . County Water Advisory Board - Councilwoman Borgeson reported that the she had attended the last meeting on January 6, 1992 and that the board was forwarding opinions on State Water to the Board of Supervisors. The next meeting, she stated, was scheduled for Wednesday, January 15, 1992 at 7: 00 p.m at which time Dave Kennedy from the City of San Luis Obispo would be making a presentation about State Water. CC01/14/92 Page 2 0 • 8. Economic Round Table - Councilman Lilley reported that the committee had heard from Tim Hallett of Atascadero High School regarding vocational training. He stated that the round table is exploring ways in which the City can assist the goals and objectives of that program. 9. Colony Roads Committee - Henry Engen reported that Mary Gayle would be meeting with the County representatives the following day and that there would be a scheduled meeting to follow. B. CONSENT CALENDAR: Mayor Shiers read the Consent Calendar, as follows: 1. CITY COUNCIL MINUTES - NOVEMBER 26, 1991 2. CITY COUNCIL MINUTES - DECEMBER 10, 1991 3. CITY COUNCIL MINUTES - DECEMBER 19, 1991 (Special Meeting) 4. CONSOLIDATED CITY TREASURER'S REPORT - NOVEMBER, 1991 5. FINAL TRACT MAP 23-90, 9313 MUSSELMAN - Subdivision of one existing lot into eight airspace condominiums and a common • area (Smith/Cuesta Engineering) 6. FINAL PARCEL MAP 12-89, 10785 EL CAMINO REAL - Subdivision of 10. 0 acres into four lots: Two lots at 2. 0 ac. , one lot at 1. 0 ac. , and one lot at 5. 0 ac. (Columbo) 7. FINAL PARCEL MAP 8-91, 7605 MORRO ROAD - Creation of commer- cial condominium project consisting of six airspace units for professional/medical office use (Golden West Development) 8. FINAL TRACT MAP 22-90, 9305 MUSSELMAN AVE. - Conversion of an existing nine-unit multiple family project into airspace con- dominiums (Shahan/North Coast Engineering) 9. JOINT BOARD OF SUPERVISORS/CITY COUNCILS MEETING - FEBRUARY 1, 1992 10. ATASCADERO COMMUNITY SERVICES FOUNDATION, INC. - BOARD OF DIRECTORS MEMBERSHIP 11. PROPOSAL BY THE S.L.O. COUNTY ZOOLOGICAL SOCIETY TO PREPARE A MASTER PLAN FOR THE CHARLES PADDOCK ZOO 12. RISK MANAGEMENT REPORT - QUARTER ENDING DECEMBER 31, 1991 CC01/14/92 Page 3 13. RESOLUTION NO. 03-92 DECLARING INTENTION TO ENTER INTO AN • AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTH TO CONSTRUCT ROAD IMPROVEMENTS ALONG A PORTION OF EL CAMINO REAL Councilwoman Borgeson pulled item #13. Councilman Dexter mentioned a minor correction to item #3, Minutes of the City Council meeting of December 19th. MOTION: By Councilman Dexter, seconded by Mayor Shiers to approve the Consent Calendar with exception and correction; motion carried 5: 0 by roll call vote. Re: #13. RESOLUTION NO. 03-92 - DECLARING INTENTION TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF MENTAL HEALTH TO CONSTRUCT ROAD IMPROVEMENTS ALONG A PORTION OF EL CAMINO REAL Councilwoman Borgeson asked the Public Works Director to clarify the share of cost. Mr. Luke explained that the estimated project would cost was approximately $200,000 with the City and the State sharing the responsibility equally. He emphasized that the estimate was based on conception and was not an engineer' s estimate. Councilwoman Borgeson noted that the City would save $100, 000 because of the State' s participation. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter • to approve Resolution No. 03-92; motion carried 5: 0. C. HEARINGSIAPPEARANCES: 1. 3-F MEADOWS ASSESSMENT DISTRICT - Request Council direction on how to proceed A. Report from Asst. City Attorney Mary R. Gayle B. Assessment district formation - Discussion Mayor Shiers introduced the matter and noted that the item was open to the public despite error on the agenda printed in the newspaper. Mary Gayle, Assistant City Attorney, reported that she had examined Department of Real Estate (DRE) files in Sacramento and determined that notice was given to prospective purchasers in 3-F Meadows that the roads were private and that maintenance and repair of those roads would be an obligation of the buyers. She also stated that she had met with the County Engineer and had further determined that the City had not received or accepted any offers of dedication on 3-F Meadows roads. Ms. Gayle reported that the City has no legal obligation to maintain those private roads. She added that DRE reports were given to first-time buyers, but clarified that CC01/14/92 Page 4 • there was a time when disclosure was not revealed to those other than first-time buyers. Discussion and questions followed. Councilwoman Borgeson noted that DRE reports also state that no trees are to be cut on any lot in 3-F Meadows without review by an architectural control committee and that fire services are to be provided by the State Forestry Service. She pointed out that trees have been cut and fire protection has been given by the City; and wondered how the City could hold strictly to the letter regarding the streets, when it was not doing so on matters relating to the trees and fire service. Mary Gayle explained that the architectural approval committee responsible for approving the cutting of trees was composed of individuals specified in Conditions, Covenants and Restrictions (CC&R' s ) placed on the property when the developer offered it for sale. Unless CC&R' s specifically give a public agency the authority to impose conditions, she continued, they are private and property owners who were parties to the CC&R' s are the only ones who could enforce those conditions. Acting Fire Chief Mike McCain remarked that before incorporation, the California Department of Forestry was responsible for fire service to all acreage at the west side of San Gabriel Road and confirmed that initially the 3-F Meadows area was under the State' s jurisdiction. After incorporation, he continued, the City began • providing fire protection in that area. Responding to query from Councilwoman Borgeson, Greg Luke compared the roads in the 3-F Meadows to those in Chandler Ranch. He explained that the roads are substantially different. Councilwoman Borgeson asked the Assistant City Attorney if the City was liable for damage to the 3-F Meadows roads because of use by City vehicles. Mary Gayle reported that in the event the road conditions are negligible, the liability is with the lot owner. Public Comments: James Carpenter, 8200 Casita Road, asked what happened to the County' s agreement to take over the roads. He asked why owners are charged for encroachment permits on their own private roads and voiced objection to his tax dollars being used, for potential improvements on E1 Camino Real. Hal Hayes, 2505 Alturas, demonstrated six points for the Council to consider. He outlined them, as follows: ( 1) Council classified the roads as "improved, but not City-maintained" in July of 1990; (2 ) Acceptance of roads can be by resolution or by prescriptive rights; (3 ) City has refused to use prescriptive rights with roads • CC01/14/92 Page 5 in 3-F Meadows or in Las Encinas; (4) City has accepted roads from the County by prescriptive rights; (5) Roads in 3-F Meadows and Las Encinas most likely already belong to the City by prescriptive rights; and (6) City spends millions on roads accepted by prescriptive rights. Howard Marohn, 9265 Barrancha Heights, thanked staff for the light on the podium. Addressing the issue, Mr. Marohn asserted that the City had mistreated the 3-F Meadows property owners since incorporation. He reported that the homeowners had paid approximately 1.6 million dollars in gas taxes and were not asking for a hand-out, but rather a repayment of a debt the City owes property owners. Don Saueressig, 10735 San Marcos Road, stated that if the City can charge a fee for an encroachment permit for a final inspection it must have power over the roads. He proclaimed that it was the obligation of government to notify citizens of its, responsi- bilities and urged Council to resolve the issue in an equitable manner. In addition, he stated that he supported using funds earmarked for a median strip on El Camino Real to be used instead on unimproved roads. ----End of Public Testimony---- Councilwoman Borgeson commented that she differed with projections made by Mark Joseph about anticipated funding Local Transportation • Funds. She stated that it looked very favorable that the City would receive $300, 000 this year and indicated that these monies might be used for an assessment district. Councilman Dexter remarked that the Chandler Ranch Assessment District was a good indication of what is possible with cooperation and supported a similar concept for the 3-F Meadows area. Mayor Shiers agreed that what had been done with Chandler Ranch was fair and ethical. He indicated that he would be willing to relax the road standards so that owners are not faced with a figure of $6,500/lot. Councilman Lilley commented that it would be a gift of public funds if the City agreed to finance the road improvements and that it would be a disservice to the balance of the community to do so. He stated that he was willing to commit engineering talents to assist the formation of an assessment district and would be supportive of accepting the roads once they meet required standards. Councilwoman Borgeson asserted that it was time for the City to act. She proposed that the City set up a citywide assessment district and decide on an amount of participation. CC01/14/92 Page 6 • • Councilman Nimmo indicated that he was not prepared to go any further than what the City did for Chandler Ranch. Councilman Lilley suggested that one way to ease the burden of the assessment district would to be lengthen the payback period and indicated that he would not be opposed to approving this. The Public Works Director described the process of forming an assessment district, emphasizing that the next step would be to circulate a petition among the residents. He reported that the petition would need 60% of the property owners signatures to qualify. Councilwoman Borgeson voiced support for providing financial participation but opposed reducing the road standards. She declared that the City has used up the roads and expressed fear that someone will be hurt. She proclaimed that she would not vote in favor of ignoring the situation. MOTION:. By Councilman Dexter to ask staff to formulate a preliminary proposal for an assessment district in 3-F Meadows on the same lines as the City had with the Chandler Ranch district and bring it back to the closest session possible for further action. Discussion of the motion: Councilwoman Borgeson asked • Councilman Dexter to amend his motion by deleting his reference to Chandler Ranch. She indicated that the two areas are not exactly the same. Councilman Dexter pointed out that there had been a successful program in Chandler Ranch and clarified that he wanted a similar approach to guide the preparation of an assessment district in 3-F. Greg Luke suggested that Council direct to staff to support the formation of the assessment district and let the law take over from there. He said that staff will contrive the necessary petitions and paperwork and bring the matter back to Council in the proper, legal sequence. He added that Council, under the Assessment District Act, will stay in control and will see the issue a number of times. Motion amended and seconded: Councilman Dexter struck the word "preliminary" from his motion. Councilman Lilley seconded the motion. Councilwoman Borgeson expressed concern about the financial burden the formation of an assessment district would place on the property owners and proclaimed that she did not want the homeowners to be forced into it. She asked the Public Works Director to explain other costs associated with the formation • CC01/14/92 Page 7 of an assessment district. Mr. Luke reported that the next • step would be to get the necessary number of petitions to qualify it as an assessment district and then staff would work with the neighborhood to draw the boundaries. Once Council certifies the assessment district, he continued, there would be additive costs which include the cost of selling the bonds that generate the money to finance the construction, the raw engineering plans themselves and costs associated with a number of legal documents. Vote on the motion: Motion carried 4: 1 with Councilwoman Borgeson voting in opposition. Mayor Shiers called a break at 8:27 p.m. The meeting reconvened at 8:47 p.m. 2. URGENCY ORDINANCE NO. 237 - AMENDING THE ZONING ORDINANCE BY ESTABLISHING A DEFINITION FOR RECYCLING CENTERS AND PROVIDING STANDARDS FOR THEIR DEVELOPMENT (City Council-Initiated - 4 5 vote required) (Recommend motion to waive reading in full and adopt on single reading by title only) (Cont'd from 12/10/91) Henry Engen presented background, staff report and recommendation to adopt Ordinance No. 237 defining recycling centers and providing reasonable standards for their establishment. He indicated that he had received requests from Brian Touey of Coast Recycling and from • Wil-Mar Disposal to consider adding the Service Commercial Zone as one where recycling centers would be allowed. He reported that the General Plan Update proposes Mr. Touey' s site to be zoned Service Commercial and added that Coast Recycling would have to make an application for a Conditional Use Permit to conduct business at that address. Mr. Engen responded to questions from Council regarding appropriate conditions of approval, including specific hours of operation. Public Comments: Ruth Rentschler, San Carlo Road resident, complained about the noise from Coast Recycling' s operation and stated that her household had been impacted for months because of it. Sean Johnson, 5065 El Camino Real, indicated that as a neighbor of Coast Recycling, he was not bothered by the noise. He stated that the noise from Highway 101 is greater and spoke in support of allowing Coast Recycling to stay at their present location. Whitey Thorpe, 8025 Santa Ynez, asserted that he did not see the urgency of the matter and that he was opposed to the City' s efforts CC01/14/92 • Page 8 • to put Coast Recycling out of business. Brian Touey, owner of Coast Recycling, urged Council to approve the use of Service Commercial zones for recycling centers. He emphasized that Coast Recycling had paid out $500,000 to citizens of Atascadero for their recyclables and added that he was providing jobs for residents. Mr. Touey assured the Council that he could address the complaints received regarding noise and stated that he would limit processing to between the hours of 8:00 a.m. and 5:00 p.m. Mayor Shiers asked the businessman if these hours could be reduced. Mr. Touey projected that doing so would back up the work. ----End of Public Testimony---- Council discussion ensued and comments revealed that there was support for allowing recycling centers to be located within a Service Commercial district, as long as noise was regulated. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to adopt Ordinance No. 237 by title only; motion carried 5:0. It was clarified that Service Commercial zones were approved. 3. OFFER TO PURCHASE REAL PROPERTY A. Resolution No. 02-92 (formerly Res No 105-91) - Finding • and determining that the public interest, convenience and necessity require the acquisition of certain real proper- ty for public purposes as a part of the rounding out of Atascadero Lake Park (Guidry (Lake Park) ) (Cont'd from 11/12/91) Mary Gayle reported that she had a meeting set with attorneys for the property owner later in the week and requested that the matter be withdrawn from the agenda. She asked that Council meet in Closed Session to provide direction and noted that if the matter proceeds, staff will re-notice the hearing. MOTION: By Councilman Dexter, seconded by Councilman Lilley to withdraw the item; motion unanimously passed. D. REGULAR BUSINESS: 1. GENERAL PLAN UPDATE AND FINAL ENVIRONMENTAL IMPACT REPORT: CONSIDERATION OF GENERAL PLAN UPDATE OF PROPOSED LAND USE, CONSERVATION AND OPEN SPACE ELEMENTS and FINAL ENVIRONMENTAL IMPACT REPORT (Cont'd from 12/19/91) A. Resolution No. 01-92 (formerly Res No 107-91) Approving the adoption of updated Land Use, Conservation • CC01/14/92 Page 9 and Open Space Elements of the City' s General Plan (City • of Atascadero) (Consultants Paul Crawford and Dave Moran, of Crawford, Multari & Starr present. ) Henry Engen, Community Development Director, provided brief background and recommendation to approve Resolution No. 01-92 amending the text of the General Plan Update of the proposed Land Use, Conservation and Open Space Elements and certifying the Final Environmental Impact Report. This item was continued from a special meeting of the Council on December 19, 1991. Councilman Nimmo expressed appreciation to staff and members of the Council for continuing the matter so that he could participate in the decision. He reported that he had read the related documents and had listened to the tape recordings of the special meeting. He remarked that the plan was relatively unimpressive and reflected no vision. Councilman Nimmo criticized staff and the Planning Commission for not considering input submitted by Atascadero 2000.. Following brief discussion, Council agreed to go sequentially through the proposed changes to the April 1990 Draft General Plan (Resolution No. 01-92 - Attachment "A" ) and, by motion, refine or revise text. Re: P. II-20 ( 1/14/92 agenda packet page 119 ) • By Council consensus, the words, "Wil-Mar Disposal, " was stricken. Councilwoman Borgeson disagreed with changing language regarding mandatory garbage collection from "should be considered" to "shall be instituted" . MOTION: By Councilman Lilley, seconded by Councilman Dexter to adopt proposed change as set forth in the draft of staff for P. II-20/lst two sentences of subsection (c) changing the phrase "should be considered" to "shall be instituted" and changing "Service Line" to "Reserve Line" ; motion carried 4: 1 (Councilwoman Borgeson) . Re: P. II-2115th para (pg 120 MOTION: By Councilman Dexter, seconded by Councilwoman Borgeson to substitute language with: "1. According to the Fire Department Master Plan, the addition of two or more fire stations serving the northwest section of the City may be required to provide reasonable emergency response. Where the creation of new lots are proposed beyond a goal of five minute travel time from existing stations, specific CC01/14/92 Page 10 • mitigation measures such as sprinkler systems, fire retardant plantings and water storage may be required." Discussion of the motion: Councilman Nimmo opposed the specific five-minute travel time and specific mitigation measures and stated that these matters can be done by ordinance. Councilman Lilley agreed. Mr. Nimmo encouraged the Council to use wording suggested by Lester & Martha Jeffries, Atascadero property owners, in their letter to Council received on January 8, 1992. Councilwoman Borgeson indicated agreement and withdrew her second to the motion. Motion died. MOTION: By Councilman Nimmo, seconded by Councilman Lilley to change language to: "1. To serve the west side of the City, third and fourth fire stations are needed and should be located in the western portion of the City. Minimum response time standards may be adopted and development proposals evaluated on the basis of ability to serve. Where new lots are proposed beyond an adopted response time from existing stations, specific mitigation measures to address fire safety impacts shall be incorporated into project proposals. " Discussion of the motion: Mayor Shiers indicated that he was • in support of the specific five-minute travel time because it sets community standards for emergency services. Vote: Motion carried 4: 1 (Mayor Shiers) . Henry Engen noted that given this action, there is language on this issue on P. II-35/5th paragraph (page 121) that should be deleted. Council agreed and directed staff to remove any parallels in the text that would relate to specific changes approved by motion. P. II-30/Policy i. (pg 121): MOTION: By Councilwoman Borgeson, seconded by Councilman Lilley to change the sentence to read, "Public-owned creek reserves shall be preserved for park and recreational use. . . " ; motion carried unanimously. P. II-301add to subsection "n" (pg 121) : MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to delete the word "indeed" ; motion unanimously carried. CCO1/14/92 Page 11 P. II-361first sentence (pg. 1221: By consensus, Council agreed to change the word "felt" to "thought" . P. II-371new section - 9 Mitigation Measures (pgs 122-127) : Councilman Lilley suggested that the section read simply, "State law requires that mitigation measures be monitored as defined by State Law. " Councilman Nimmo agreed and proposed that the remaining language (subsections (a) through (u) ) be deleted. Mr. Engen reported that the validity of the plan may be eroded without reciting mitigation measures for impacts identified by the EIR. Consultant Paul Crawford noted that the mitigation measures identified by the EIR had been included in the plan language itself to be informative. He advised that although State law does not require this language to be in the General Plan, if the public is to understand the full extent of the City's efforts towards mitigating environmental impacts as a consequence of the proposed plan, it should reflect the mitigation measures as recommended by the EIR. Re: Subsections (c) , (d) , (e) , (f) and (g) (page 123-124) : MOTION: By Councilman Nimmo, seconded by Councilman Dexter to delete wherever the following statements occurs, "The City should establish thresholds beyond which new development will be restricted until facilities deemed adequate are provided. " and, "The level of development restrictions should reflect the severity of the services and facilities needs" or "severity of the facility deficiency" . Discussion of the motion: Mayor Shiers remarked that he was not in favor of removing the language because the information was necessary to ensure the people of the ability of the City to continue providing the community with certain services. Vote: Motion passed 3:2 with Councilwoman Borgeson and Mayor Shiers opposing. Re: Subsection (1) (page 125) : MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to change the language to: "Additional development will be conditioned upon the availability of water. "; motion unanimously carried. CC01/14/92 Page 12 • Re: Sections relating to traffic and circulation (pages 124-125 : Councilman Nimmo suggested that all paragraphs relating to traffic or circulation be organized together in sequence. Councilwoman Borgeson agreed. Re: Subsections (s) (page 126 ): Councilwoman Borgeson asserted that she was opposed to specific setbacks and made the following motion: MOTION: By Councilwoman Borgeson to substitute the language in subsection (s) with: "Building shall not occur within the creek riparian area, as defined by the mapping committee, without environmental review by appropriate agencies. " Discussion of the motion: Mr. Crawford indicated that this measure, if adopted, might raise some questions regarding administration because "riparian area" and "appropriate agencies" are not defined. Councilman Lilley stated that he hoped that the City would adopt a creekway master plan which would establish a riparian corridor and make specific recommendations for mitigation measures. • MOTION: By Councilman Nimmo to use language proposed by Commissioner Highland which would be to insert a general statement that creekway setbacks should be established and let a creekway ordinance address the specifics. Councilwoman Borgeson seconded the motion. Discussion: Henry Engen reported that there is language on page II-30 of the plan calling for building setbacks. Mr. Crawford pointed out that the "fifty-foot" setback was intended to be an interim mitigation regulation that would, in fact, go away when the detailed mapping program has been completed. He cautioned that if Council certifies the EIR with the setback deleted or modified, it must be satisfied that it is not possible that there will be significant impacts in the interim until the creekway mapping program has been completed. Councilman Nimmo stated that he was opposed to an arbitrary fifty-foot setback without qualification and asserted that if it was to be an interim measure it had no business in the General Plan. Councilwoman Borgeson agreed. The Clerk pointed out there were two motions on the floor. • CCO1/14/92 Page 13 Councilman Nimmo withdrew his motion. • Councilwoman Borgeson reviewed her motion, as follows: "Building shall not occur within the creek riparian, as defined by the mapping committee, without environmental review by appropriate agencies. " She indicated that she was open for language changes. Councilman Lilley proposed specific revisions to subsection (s) and suggested that criteria for evaluation could be set forth as part of a creekway ordinance. Mayor Shiers remarked that 80% of those who spoke at the special City Council General Plan hearing had supported the fifty-foot setback and proclaimed that he could not ignore that kind of response. He indicated that he was not in favor of eliminating the fifty-foot "trip wire" which would trigger the site specific evaluation. Mr. Engen noted that the waterways of the major creeks are protected by flood hazard combining zoning; riparian vegetation is the area that is not addressed. Motion withdrawn, amended and seconded: Councilwoman Borgeson withdrew her motion in favor of substituting language suggested by Councilman Lilley, as follows: *"s. Grading shall not occur and buildings or structures • requiring permit approval shall not be located within 1558 feet a any creekway riparian vegetation boundary--er within 50 . feet—ef the eenterline—ef crhe areelewa , =�eheve greater, unless: (i) A site-specific evaluation by a qualified bielegist pursuant to standards approved by the City determines that a lesser setback will provide equi ale adequate habitat protection; or (ii) (no changes - language proposed to remain) Councilman Lilley seconded the motion. Vote on the motion: Motion carried 4:0 with Mayor Shiers voting in opposition. * (Language struek threugh deleted, language bolded added) CC01/14/92 . Page 14 • Re: subsections (r) and (t) (page 126 ): MOTION: By Councilman Nimmo, seconded by Councilman Lilley to delete subsection (r) and keep subsection (t) ; motion passed unanimously. Re: subsection (u) (page 126 ): MOTION: By Councilman Lilley, seconded by Councilwoman Borgeson to delete verbiage after the word "shall" , up and until the word "implement" ; so that (u) reads: "The City shall implement a comprehensive creek protection policy and management plan. Such a plan may include the following elements: . . . ; motion unanimously carried. Re: P. -II-9 (page 113) : MOTION: By Councilman Dexter to change language to: "New lots averaging 305 or more slope shall not be permitted; provided that exceptions may be permitted when the following conditions apply: Such a lot contains a "building envelope" with less than 20% average slope which includes building footprint, access driveway, leach field but not required property setbacks. Discussion of the motion: Councilman Nimmo suggested • additional language proposed by Mr. & Mrs. Lester Jeffries in their letter to the Council on January 4, 1992. Deliberation included deleting the words, "but not required property setbacks" . Motion amended: Councilman Dexter amended his motion to read: "New lots averaging 30% or more slope shall not be permitted; provided that exceptions may be permitted when the following conditions apply: ( 1) Such a lot contains a "building envelope" with less than 20% average slope which includes building footprint, access drives, leach field, etc. , and (2) The creation of such a lot offers public dedications or easements which would have a direct benefit to City residents. " Motion passed 5: 0. Re: Location #20. Atascadero Avenue/Marchant Watson/Petition A request to increase density allowed from Moderate Density Single Family to High Density Single Family to allow for half acre lots: Responding to inquiry by Councilman Nimmo on the status of this request, Mr. Engen reported that the Planning Commission had encouraged the owners to submit a specific application for a general plan amendment. Mr. Engen remarked that Council could, if they chose to, address this request now. Councilwoman Borgeson CC01/14/92 Page 15 mentioned that a general plan amendment at a latter date would cost the applicants at least $750.00 and consensus was to deal with the • matter at present. Mr. Engen presented a brief staff report and outline of the request to extend the 1/2 acre zoning. Discussion ensued and the following motion was made: MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson that the zoning change be adopted. Discussion of the motion: Mr. Engen pointed out that this request included parcels located across the street adjacent to the Iversen project and advised that if Council was to act supportive of the Watson's request, it should also include this one. By consensus the "Location #20" property was included in this action. Vote on the motion: Carried 5:0. MOTION: By Councilman Dexter, seconded by Councilman Nimmo to extend the meeting beyond 11: 00 p.m. , motion unanimously passed. MOTION: By Councilwoman Borgeson, seconded by Councilman Dexter to approve Resolution No. 01-92 approving the adoption of updated Land Use, Conservation and Open Space Elements of • the City' s General Plan, as amended; motion passed 5:0. 2. ORDINANCE NO. 236 - ADDING CHAPTER 8, "WATERWAY INTRUSIONS", TO TITLE 5 OF THE ATASCADERO MUNICIPAL CODE, PROHIBITING SPEC- IFIED ACTIVITIES IN ATASCADERO CREEK, GRAVES CREEK AND THE SALINAS RIVER (Recommend motion to waive reading in full and adopt on second reading by title only) (Cont'd from 12/10/91) Mayor Shiers introduced the item. There were no questions or comments from the Council or public. MOTION: By Councilman Nimmo, seconded by Councilwoman Borgeson to adopt Ordinance No. 236 on second reading; motion unanimously carried by roll call vote. 3. HOMELESS SHELTER TASK FORCE - Consideration of request to create a task force to advise on possible use of the Armory as a homeless shelter. Lt. Bill Watton, Atascadero Police Department, reported that there CC01/14/92 Page 16 • had been a meeting with staff of the Economic Opportunity Commission Homeless Shelter regarding the opening up of the National Guard Armory building in Atascadero. He stated that there still had been no formal request by the County Office of Emergency Services or specific proposal from the EOC about 'how the Armory would be used. Brief Council comments followed. Councilwoman Borgeson asserted that the City Council should be involved in the decision but charged that it had not received any information upon which to base a decision. Public Comments: Gwen Guyre, Supervisor of the EOC Homeless Shelter in San Luis Obispo, clarified that the shelter is not the City of San Luis Obispo' s, but rather a County shelter. She pointed out that armories throughout California were designated by the Governor as an interim measure during the inclement weather months from November 15th until February 15th. She asserted that there are critical issues to identify and address and spoke in support of the City Council appointing a task force to begin work immediately. Shirley Summers, Atascadero resident and North County social worker, urged the Council to make a long-range plan for the homeless. • Eric Greening, 7365 Valle, stated that he has witnessed sleeping bags and pup tents on Pine Mountain and in the Salinas River bed. He proclaimed that the homeless are already in Atascadero and a task force would be a means of assessing the situation. Larry Etter, Pastor of the Community Church in Atascadero, spoke in support of the proposed task force and volunteered to work with it. He stated that churches are privately-funded and could not be considered a "major community resource" . Other Atascadero residents, Nancy Horton and Pat Frank, spoke in support of the formation of a task force to address issues relating to the homeless. Brad Goans, San Luis Obispo resident, urged the Council to admit that there is a problem and work towards a solution. John Clarke, 7320 Sombrilla, voiced concern for issues relating to safety and crime surrounding the use of the Armory and asked the Council to look closely at the matter before agreeing to it. He suggested that it may be more appropriate to use facilities at Camp San Luis Obispo. ----End of Public Testimony---- CCO1/14/92 • Page 17 Council comments followed. Councilwoman Borgeson volunteered to work with the task force. Mayor Shiers indicated that he had no problem with the Armory being opened up if safety conditions are first addressed. Councilman Nimmo stated that he had no quarrel with the formation of the Task Force to examine the City' s own resources before transferring the problem to the National Guard. Councilman Lilley observed that the Armory was a substandard place to lodge people, but contended that he was in support of the task force and would be willing to serve on it. Councilman Dexter agreed that the Armory was a poor place for a shelter and volunteered to also serve. There was consensus to form a task force which would include Councilmembers Borgeson and Dexter, with Councilman Lilley serving as an alternate. Other members to be: Gwen Guyre, EOC and the City Manager. It was agreed that a meeting would be set within the next couple of days. Chief McHale clarified that the reason the Police Department was involved was because it was responsible for emergency services in the City and Lt. Watton was the coordinator. 4. DEDICATION PLAQUE POLICY Brief discussion ensued regarding whose names would appear on a City building dedication plague: the Council members who awarded the contract for the construction, or those who were on the Council • when the building was completed. By consensus, Council agreed that dedication would be in the names of those who had awarded the contract. E. INDIVIDUAL DETERMINATION ANDIOR ACTION: 1. City Council Mayor Shiers reported that he had received a telephone call j regarding graffiti on Santa Ysabel and stated that the City needs a policy on this issue. Chief McHale indicated that other cities have appropriate ordinances and stated that he would look into the matter. Andy Takata, Director of Community Services, reported that staff had been directed to take down any graffiti immediately when it is observed. Councilwoman Borgeson inquired about the level of "gang activity" in Atascadero. The Police Chief advised that he would provide a summary to the Council. 2. City Clerk Lee Raboin indicated that she had provided Council with a written report (see City Clerk' s Report - January 14, 1992) . CC01/14/92 Page 18 • • 3. City Attorney Art Montandon requested a Closed Session regarding pending litigation entitled O'Keefe v. City of Atascadero and real property negotiations involving land owned by Mr. & Mrs. W.P. Guidry, as proposed in agenda item #D-3. OPEN SESSION WAS ADJOURNED AT 11:53 P.M. TO A CLOSED SESSION. SAID CLOSED SESSION HELD PURSUANT TO GOVERNMENT CODE SECTIONS 54956(a) AND 54956.9. SESSION WAS ADJOURNED 12:27 A.M. MINUTES RECORDED AND PREPARED BY: LEE 'kABOIN, City jerk • CC01/14/92 Page 19 MEETING AGENDA DATE 1-L-Li2ITEM# —2 CA M c °, Nz (D fro CL n m �• r+ rr r+ • (D I I r+ ce n o'e co o r z y rte • o � e 4 9a C' (0 yea > � 'f°° z S � � a � � w• � C+• 0 a � 1 t+tA 1 w 01 t O O rt rt to M ii i 0w%0 1 tAy C' f� � a• � �� 11 �O I OV� w �p I 1 O y ~ II ~ 1 000 --1Cn y po 0 r► r• co o rn r• a z z z z 1700 w -y C rr 4r+ �. .��� 1 r. y aaaa h y N rt!p 1 I r %0 ►•� • <0 � (�D �p� � ►dpi � � ~ r+• «.ti I n 0o (D zzzz aw cD c. -4CL 1�1 1-1 aaaa co _ I •C I I I 1 I 1 1 ?0 11 rt Z .J�b to 1-4 j rt y I 1 1 : 1 I I I ►-+ � I z Oo . o 11 I 1-4 I I I I ii •- i �•- i i � • !� �N � N N W I I f~0 I r+ 1 11 cn I z 01 `•'' `h 1 (�D 1 11 00 1 --lUwco I I no1a � � � 1 I n I I 1 UU01 it 12 CITY OF ATASCADERO CASH ACTIVITY SUMMARY TREASURER'S REPORT FOR THE MONTH OF DECEMBER 1991 BDGINNING CASH RESOURCES $5.544,609.33 ADD: RECEIPTS $1.749.599.00 OTHER TRANSFERS/MISC. ADJUSTNUM $91,577.58 LESS: DISBURSEMENTS $927,357.00 ENDING CASH RESOURCES $6.458.428.91 CITY OF ATASCADERO BALANCE SHEET TREE PLANTING TRUST ASSETS: FUND BALANCES: POOLED CASH BALANCE 29.982.67 FUND BALANCE-UNRESERVED 29.951.90 • CURRENT EARNINGS 30.77 TOTAL ASSETS 29,982.67 TOTAL FUND BALANCES 29.982.67 CITY OF ATASCADERO BALANCE SHEET COP CONSTRUCTION FUND ASSETS: FUND BALANCES: POOLED CASH BALANCE 970.62 FUND BALANCE-UNRESERVED (375.810.75) RESERVE FOR ENCUMBRANCES 327.639.30 CURRENT EARNINGS 49.142.07 TOTAL ASSETS 970.62 TOTAL FUND BALANCES 970.62 0000113 CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING DECEMMM 31. 1991 PREPARED: 01/21/92 • I. SCHEDULE OF CURRENT MONTH ACTIVITY AND PRIOR YEAR VARIANCES DECEMBER CURRENT PRIOR DESCRIPTION 1991 YR-TO-DATE YR-TO-DATE VAR. REVENUE Property Taxes 971,706 1,191.897 1,123.251 6.1% Sales Tax 194,087 836,162 843,427 -0.9% Bed Tax 0 32,439 34,274 -5.4% Prop. Transfer Tax 3,409 14,457 19.614 -26.3% Franchise Fees 6,094 29,402 26,570 10.7% Special Assessments 57,915 62,601 69.839 -10.4% Business Licenses 29,341 46.535 55,889 -16.7% Building Permits 10,618 132.918 170.834 -22.2% Motor Vehicle Tax 58,736 405.316 409,116 -0.9% Cigarette Tax 1,913 10,123 23,611 -57.1% Other State In-Lieu 8.632 8.846 5.109 73.1% Gas Tax Receipts 28.938 185,642 173,187 7.2% TDA Receipts 0 110.692 100,596 10.0% Other Intergov'al 10,931 156,628 161.822 -3.2% Recreation Fees 12,519 168.008 156.315 7.5% Zoo Admissions 5.418 37.536 31.555 19.0% Planning Fees 12.577 69.530 74,127 -6.2% Wastewater Fees 280,047 333.060 411,247 -19.0% • Development Fees 8,231 198,599 236,921 -16.2% Dial-A-Ride Fares 2.730 15.262 16.727 -8.8% Police Services 548 3.309 2.976 11.2% Weed Abatement 20.064 22,340 23.854 -6.3% Other Fees/Charges 156 1.600 860 86.0% Fines & Forfeits 4,414 20,911 33,481 -37.5% Interest Earnings 2,444 153.352 260,321 -41.1% Rentals 28 259 164 57.9% Proceeds from Sales 220 75,750 118.875 -36.3% Miscellaneous 17.883 30.691 11.834 159.3% TOTALS 1,749.599 4,353,865 4.596.396 -5.3% EXPENDITURES General Gov't 32.900 152.539 146.502 4.1% Police 166,650 1.002,188 1,035,798 -3.2% Fire 98.503 561.042 569.664 -1.5% Public Works/Eng. 28.465 193.485 177.097 9.3% Wastewater 48.090 276,766 263.553 5.0% Dial-A-Ride 844 82.462 91,251 -9.6% Community Dev'ment 60.813 382.282 374,686 2.0% Recreation 53,374 334,210 261.603 27.8% Parks & Bldg¢. Maint 45,787 315.160 258,826 21.8% Zoo 15.884 101.820 109,139 -6.7% Streets 39.406 241,477 261,530 -7.7% Admin. Services 33,188 404,551 508.919 -20.5% Non-Departmental 50.336 264.789 420,416 -37.0% Major Capital 253,117 881.743 778.119 13.3% Debt Service/Trust 0 132.892 169.347 -21.5% ----------------------------------------------- TOTALS 927.357 5.327,406 5,426,450 -1.8% CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING DECEMBER 31, 1991 PREPARED: 01/21/92 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 1,191,897 51.217o 2,050,000 1,123,251 54.8% Sales Tax 11900,000 836,162 44.0% 1,850,000 843,427 45.6% Bed Tax 105,000 32.439 30.9% 110,000 34,274 31.2% Prop. Transfer Tax 50,000 14,457 28.90/o' 60,000 19,614 32.7% Franchise Fees 360.000 29,402 8.2% 330,000 26,570 8.1% Special Assessments 151,753 62,601 41.3% 151,753 69,839 46.0% Business Licenses 110,000 46,535 42.3% 105,010 55.889 53.2% Building Permits 362,050 132.918 36.7% 381,575 170,834 44.8% Motor Vehicle Tax 875.000 405,316 46.3% 860.000 409,116 47.6% Cigarette Tax 42.300 10,123 23.9% 35.000 23,611 67.5% Other State In-Lieu 60.900 8,846 14.5% 60.900 51109 8.4% Gas Tax Receipts 416.162 185,642 44.6% 393,100 173,187 44.1% TDA Receipts 482.957 110.692 22.9% 402.521 100.596 25.0% Other Intergov'al 403,400 156.628 38.8% 455,700 161,822 35.5% Recreation Fees 342.550 168.008 49.0% 310.850 156,315 50.3% Zoo Admissions 72.500 37,536 51.8% 71.000 31,555 44.4% Planning Fees 286,723 69,530 24.2% 192,612 74,127 38.5% Wastewater Fees 690,200 333.060 48.3% 660.200 411,247 62.3% Development Fees 717,000 198.599 27.7% 562,600 236.921 42.1% Dial-A-Ride Fares 36,000 15.262 42.4% 34.000 16,727 49.2%• Police Services 6.100 3.309 54.2% 4,800 2,976 62.0% Weed Abatement 40.000 22,340 55.9% 30,000 23,854 79.5% Other Fees/Charges 57.650 1,600 2.8% 3.000 860 28.7% Fines & Forfeits 82.050 20.911 25.5% 81,550 33,481 41.1% Interest Earnings 452.920 153.352 33.9% 389.150 260.321 66.9% Rentals 2.000 259 13.0% 14,200 164 1.2% Proceeds from Sales 90.000 75,750 84.2% 68.500 118.875 173.5% Miscellaneous 50,000 30.691 61.4% 19,430 11,834 60.9% TOTALS 10.571,715 4,353.865 ~41.2% 9,687,451 4,596,396 47.4% EXPENDITURES General Gov't 318.085 152,539 48.0% 305,225 146.502 48.0% Police 2,084,000 1,002.188 48.1% 2,053,318 1.035.798 50.4% Fire 1,106.300 561.042 50.7% 1,164.492 569.664 48.9% Public Works/Eng. 346,905 193,485 55.8% 389.010 177,097 45.5% Wastewater 808.960 276.766 34.2% 801.585 263.553 32.9% Dial-A-Ride 299,245 82,462 27.6% 388,393 91,251 23.5% Communitv Dev'ment 785.617 382.282 48.7% 795,689 374,686 47.1% Recreation 514,298 334,210 65.0% 553,529 261,603 47.3% Parks & Bldg. Maint 537,680 315.160 58.6% 521.530 258.826 49.6% Zoo 221.275 101.820 46.0% 222.500 109,139 49.1% Streets 635,425 241.477 38.0% 606.565 261.530 43.1% Admin. Services 666.335 404.551 60.7% 726.075 508.919 70.1% Non-Departmental 531.120 264.789 49.9% 733.893 420,416 57.3% Major Capital 4.846,000 881,743 18.2% 2.692.453 778.119 28.9:* Debt Service/Trust 216.692 132.892 61.3% 741.316 169.347 22.8% TOTALS 13.917.937~5,327,406 ~38.3% 12,695,573 5,426,450 42.7% ou0040`J CONSOLIDATED TREASURER'S REPORT FOR THE PERIOD ENDING DECEMBER 31. 1991 PREPARED: 01/21/92 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 futqDecilor ions. Mark Joseph, Fi • 0604#106 REPORT TO CITY COUNCIL Meeting Date: 1/28/92 CITY OF ATASCADERO Agenda Item #B-3 Through: Ray Windsor, City Manager ` / From Lee Raboin, City Clerk / •'Y SUBJECT: Building & Construction Board of Appeals vacancies. RECOMMENDATION: To direct the City Clerk to schedule interviews for 6:00 p.m. on February 11, 1992 and agree to make the appointments during open session. BACKGROUND: On November 26, 1991, Council directed the City Clerk to open a recruitment to fill two vacancies on the City' s Building & Construction Board of Appeals. Unexpired seats left vacant due to resignation on the five-member board include one ( 1) structural • engineer or architect and one ( 1) member of the public-at-large (someone who is not a general or specialty contractor) . ANALYSIS• Pursuant to Ordinance No. 44, members terms on the Board are staggered with expiration dates of May 1992 or April 1994. To stay consistent with the term dates, the City Clerk is recommending that the design professional appointment be for a four (4) year term, and the member of the public-at-large appointment be for two years. Five citizens have submitted their applications for the member-at-large seat and one resident, who is by trade an architect, has applied for the design professional seat. The applications are attached for your review. Attachments: 6 applications Ordinance No. 44 • 00000'7 [IIHIL; L'/I ii Return to : 1 �t s' 4 City Clerk fag M City Hall - Room 1-0.3 6200 Palma Avenue Atascadera , CA 93422 - ---, 461-5074 A P P L I C A T I O N CITY OF ATASCADERO BUILDING & CONSTRUCTION BOARD OF APPEALS flame• Address:hq-?,�2 M--., , Telephone: Work : T{ n.F Home: igi.. -71j:!i Give a summary of your education, experience and reason=_ for wishing to serve on the Board of Appeals: 13LVIAW 4-►q 0L-U9aNtpL N 0atmr-79Bio_ hep r,0Mud •A7-6 n.5.eciItP-4-sT ►_ clla r N 1!01AW -cam IN rµ43 Na✓YAg� AJ-4 E.n.s, rO1rrj 00 e,m TTr:pIU NXR�-8I- r LM L's tun L 1971 V rr. M�AN�w a u 1 TUP -�A..Hp' .,µ- ►►^TCi'�uCLJL► SI H AJUIh1G t7kr*IL:_1 ea 1H jULrj-ULj16* AN1J T' i07 1 I t L�^''✓ L1kTIL L-4" i,Kgr fat Iri)f' Z{Rir eW TO ht/46C,dQFrC IK 14(W 60ra eLAL.014{(r � I Mir I9 Tr pFf 30f11 Ydtf�� c���RUL�11.1h lyHrrr.4yrtt7�� I�GI✓uhg �rJ ��Ifi'�- e,.,p t H _!9 hl� , Ler1 D►J I e+2Gr1 I? ice'1;1213 1,�ui L i3 wa 1 N - d5 i. 68 1. qA44 . j,-f UQA f V,11- /44t9 M-' .Ot7 -r14Q 21. uZL+. c-yf t l ISALE 7 l'k,&q S' t'q& 44 &4 e6t'M'V' LjFAL- I rr.-4_.444!' kj"i ,i I,' 1314SI.13e IW I!� 'f14AT Ir1S s WA-a-1 tsC-2J --R1.P dzz: - Tf,1,. afz 1.jGy1=1 tJ 4�I21 M A21 D�j 1'ss�l .�u-r,s>-I.r c�^ LI 4- , �j4140,. 4 9 t 1'5� 147 '�reQ-VA dN f4g 1'4Vs.(ZI7 C�&:WDAL44 r3 [ diad r-e siixVDIg,nw/,i2 HA'l' ,14�4j"0h1 11l_�j&-Ij I i M u 1-1 f'�r.7P.., bLi.i:.1 F'.�� �/,�-F 1.�0,1.Q ,Lj-rV aoC a TatL, c7 Ed=Pt:;M u 1 G4MC',jP1 Ci GZ aLTurll- ur�i Ti/H N dNb -•114J/.T1/ I j�>38i� t tit? t�T P(�'�1[31�Gu1 G.C4J Q nMIA.TIP : KV'Id ,:�uFuet" �arGF3vrlc:,ti e.ur.� 1urt.�v1Z T�I1oNy, I hereby --tify that the foregoing is correct and that I am a registered .vo.ker i ri—the -C-,i ty of Atascadera . (signature) (date) Niels, s 111i Ii Return to : ter• City Clerk Isla 19791 ,ity Hall - Room 103 0'00 Palma AvenueSCAD � Atascadero , CA 93422 -6 1-5074 A P P L I C A T I O N CITY OF ATASCADERO BUILDING & CONSTRUCTION BOARD OF APPEALS lame: Gary L. Cochran Address: 7575 Sombrilla Ave. , Atascadero, Ca. 93422 Telephone: Work : (209) 386-0587 Home: 466-1938 Give a summary of your educaticn, experience and reason=_ for Nishing to serve on the Hoard of Appeals: Education: Chaffey College, Alta Loma, Ca. A.S in Adm. of Justice. , San Bern State, San Berd, .Ca. , B.A in Business Law and San Bern, Sheriff Acrd, Experience; 19 years --in police relationa with the Deet. of Corrections, supervising staff, traffic controll, also Appeals Board And hearing officer on disciplinary. The reason (s) as to why I desire to gain a oosition on the Building and Construction Appeals Committee: 1. To ensure that fairness is hei ng PxtenrdPrd to All [art i Ps i nynl Zed in the appeal process 2. To ensure that all an=rnpri AtP s=Pr•i fi roti nnc Andu3uidelinss --- being met for both old and new construction. 3• TO ensure that the ci f�z i taPl f will not ha i 1,lc to the neglience or unwarranted decisions of its employies. • I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero . / - .) (signature) (date) U(001119 Return to : s918 R i 9} City Clerk11 City Hall - Room 103 .SCADF, i 6500 Palma Avenue Atascadero , CA 93422 461-5074 A P P L I C A T I O N CITY OF ATASCADERO BUILDING L CONSTRUCTION BOARD OF APPEALS Names John Clarke Address: 7320 Sombri l l a Avenue apt n Telephone: Work: S49-6214 Home: —462-0647 Give a summary of your education, experience and reasons for wishing to serve on the Board of Appeals: E1 Camino Community College, Torrance Ca. : AA Business Administration San Diego State University, San Diego Ca. : BA Public Administration * Experience: Assistant Manager of specialty food outlet store. Supervised • up to 40 employees; Assistant to Long Range Planner of County Supervisor George Bailey of San Diego; Contract Administrator for Defense Logistics Agency (DoD) ; Contract Specialist for U.S. Navy; Contract Specialist for California National Guard. The desire to be appointed on the Board of Appeals dates back to my selected college major of Public Administration I have an interest in community__ affairs and wish to participate in the process which will affect the cUrr nt _ and future of Atascadero As an employee who follows strict Federal guidelines and mandates, I would welcome involvement into local procedures and aolicies. *Job descriptions in detail , point of contacts references or anV n her information can be provided upon request I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero . Owl (date ) I �.i nnaturp Return to : .�... _ City Clerk as Isis ,, 1979 City Hall - Room 6500 Pa ima Avenue Atascadero , CA 93422 -7,;;;,A-ER0 461-5074 7�,-,Z-K A. P P L I C A T I O N CITY OF ATASCADERO BUILDING & CONSTRUCTION BOARD OF APPEALS Name:- Edward A. Nolan Address: 5190 Portola Rd. Atascadero, CA 93422 Telephone: Work : 543-7330 Home: 466-2793 Give a summary of your education, experience and reasons for wishing to serve on the Board of Appeals: I've completed granmier school and graduated from Serra High School (1952) in San Mateo California. I attended San Mateo Junior Collecre and went on to The • University of San Francisco, receiving a B.S. Degree in accounting. I've also taken adult education courses at Cuesta College specializing in Real Estate. I've held various construction positions with P G & E for 30 years before retiring in 1987. In February of 1989 I accepted a position as Executive Director of the San Luis Obispo Contractor's Association. I have also served as a Pining Comissioner with the City of Atascadero The reason I would like to serve on the Board of Appeals is that the variety of my experiences may prove valuable in resolving the matters referred/appealed to the Board. • I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero . (signature) (date) 000011 i 4;9-ft Return t0 : �� • City Clerk YC�r 1979 = r, :ity Hall - Room 1-05 (i�DF ,� _ 6500 Palma Avenue Atascadero , CA 93422 ub1-5074 A P P L I C A T I O N CITY OF ATASCADERO BUILDING & CONSTRUCTION BOARD OF APPEALS Name• Lyle Curry Address• 9163 Lucinda Telephone: Work : 549-3373 Home- 461-1792 Give a summary of ;your aducaticn, experience and reason=_ for wishino to serve on the Hoard of Appeals : Request to be appointed to the public position on the City of Atascadero Building and Construction Roard of Appeals. Tt would be an honor to serve on the Board, to help resolve appeals to the Ruilding nepartment'.q determination Since 1977, my experience has included constriction and inspection of residential commercial, and industrial ocenpancies 7+ years providing economic assistance thronQh the Commimite nevelopment Rlock errant program. 'lade recommendations for lousing rehabilitation and development projects Since 1984 employed with California Department of amusing and Community nevelopment Codes and Standards Duties have included conducting housing surveys, inspections for code compliance, and investigations of federal constriiction standards, as well as manufacturer audits. r,radiiated from Riverside City College in 1953, attended Cal Poty Pomona, !'a until lQR4 Warned certificates from TCRn in plans examination, building, rehabilitation and conservation inspection. I hereby certify that the foregoing is correct and that I am a registered voter in the City of Atascadero . /J', b o// 7 �9 2 ( signatu ) (date) 0UU��9l �II R IR; VR'IRI p -- • Return to : ..�..� City Clerk ?O� S'1 isle - �� 1979City Ha11 - Room •1-62 �j� +0 6,f00 Palma Avenue Atascadero , CA 93422 461-5074 A P P L I C A T I O N CITY OF BUILDING & CONSTRUCTION BOARD OF APPEALS game: ' 42 Address: Telephone: Work : Home: Give a summary of your education, experiarce and reason=_ for wishi q tj serve on the 3oard of Appeals: i UA c s i /lt r r J I hereby cer ify +tha-te-`thLe foregoing is co4ect and hat I am a reg-i-s-tered oter in the City of Atascadero . ( siana re) (d 't e ORDINANCE NO. 44 • AN ORDINANCE OF THE CIT't OF ATASCADERO AMENDING SECTIONS 8 .04. 230 AND 8 .04.130 OF TITLE 8 OF THE ATASCADERO MUNICI?AL CODE RELATING TO BUILDINGS AND CONSTRUCTION AND ESTABLISHING A BOARD OF APPEALS The Council of the City of Atascadero ordains as follows: Section 1. Section 8 .04. 120 and 8.04. 130 of Title 8 of the Atascadero Municipal Code are amended to read as follows : Section 8 .04. 120. Board of aoeeals established. In order to conduct hearings to determine the suitability of al- ternate materials and methods of installation, and to provide for rea- sonable interpretations of the provisions of this Code, there is here- by established a Board of Appeals. The Board shall consist of five (5) members, two (2) of whom shall be general contractors , one (1) one whom shall be an architect or structural engineer , one (1) of whom shall be a specialty contractor , all of whom shall be qualified by experience and training, and one (1) of whom shall be a member of the Public who is not one of the foregoing. Members of the Board of Appeals shall be appointed by and serve at the pleasure of the City Council. The Building Official of the City shall serve as secretary • ex-officio to the Board. In order to be eligible for appointment to the Board, the person shall live within the City. Terms of initial appointment shall be for a term of two (2) years for two (2) members, for a term of four ( 4) years for three (3) members with four (4) year terms for subsequent appointments . Each member of the Board shall be required to comply with the applicable provisions of the Political Reform Act of 1974, California Government Code Section 81000 , et seq. The Board shall adopt reasonable rules and regulations, subject to approval and adoption by the City Council, for conducting its business which shall conform to the requirements of the Ralph M. Brown Act, California Government Code Section 54950, et. seq. , and shall render all decisions and findings in writing with a copy to the appellant. Section 8.04. 130 . Appeal procedure. Any Person aggrieved by a decision of the Planning Department re- lated to any manner within the purview of this title, shall have the right to appeal the decision. The appeal shall be filed with the Building official within fifteen (15) business days after the render- ing of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth is writing. 11�uf111 i �} Ordinance No. 44 - Board of Appeals • The secretary of the Board shall set the time and place for a hearing on the appeal, and notice of the hearing shall'be published in a newspaper of general ciculation and shall be given , to the appellant by mailing it to him, postage prepaid, at his last known address , at least ten (10) calendar days prior to the date set for hearing. Any written reports to be made to the Board shall be £iled. with the Secretary of the Board and shall be made available to the Board and to the public no less than three (3) working days prior to the date set for the hearing. Any Department Head shall have the right to be heard on any matter coming before the Board. The decision of the Board on the appeal shall not become final until ten (10) working days after the Board has made its determination in order to allow time for an appeal to be made to the Council from the Board' s decision. Any party aggrieved by the determination of the Board shall have the right to appeal its determination to the Council. Such appeals must be filed with the City Clerk within ten (10) working days after the Board has made its determination. The Council shall set appeal fees to the Appeals Board and to the City Council by resolution. There shall be no charge for city- initiated appeals. • Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atas- cadero News , a newspaper of general circulation, printed, published and circulated in this City in accordance with Section 36933 of the Government Code; shall certify the adoption and posting of this ordin- ance; and shall cause this ordinance and its certification to be entered in the Book or Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after passage and shall termination three (3) years from its effective date on December 10 1981. The foregoing ordinance was introduced on October 26 , 1981, and adopted and ordered published on November 9 , 1981, by the following vote: AYES: Councilmen Highland, Mackev, Nelson, Stover, and Mayor Wilkins NOES: None \` ABSENT: None 74 1 ROBERT J. WILKINS, JR. , Mayor Z. Ordinance No. 44 - Board of Appeals ATTEST. • MURRAY L j WARDEN, City Clerk APPROVED AS 0 FORM: ALLEN GRIMES , City Attorney APPROVED AS TO CONTENT: �j MU7Y . WARDEN, City Manager j • vuljir � h 3 REPORT TO CITY COUNCIL Meeting Date: 1/28/92 • CITY OF ATASCADERO Agenda Item #B-4 Through: Ray Windsor, City Manager From Lee Raboin, City Clerk � SUBJECT: Traffic Committee Vacancies. RECOMMENDATION: There is no formal action necessary; this is for your information. BACKGROUND: The term of Traffic Committee member Fred Potthast has expired and he has indicated that he does not wish to be re-appointed (please see letter attached) . In addition, the youth representative has not attended a • meeting in approximately ten months and the Committee has requested that another student be solicited. The City Clerk has already begun advertising for membership and will bring the matter back to you at a future date. • 7985 Santa Ynez Avenue • Atascadero , CA 93422 January 15 , 1992 City of Atascadero Department of Public Works Attn: Mr. Greg Luke 6500 Palma Avenue Atascadero, CA 93422 REF: City of Atascadero Resolution 5-91 , Appointing Two Members to the City of Atascadero Traffic Committee Dear Mr . Luke: With this letter I acknowledge the end of my term per the referenced resolution as a citizen member of the Atascadero Traffic Committee. I appreciate the opportunity to have served in this advisory capacity, and I would like to thank all the members of the committee and the staff for welcoming me and my viewpoints. • Due to increasing responsibilities at my office and the recent birth of my son, I do not wish to be considered for reappointment to the committee at this time. Respectfully Submitted , Frederick J . Pott ast • REPORT TO CITY COUNCIL Meeting Date: 01/28/92 • CITY OF ATASCADERO Agenda Item: B-5 Through: Ray Windsor, City Manager From: Alicia Lara, Personnel Coordinatorl" SUBJECT: Renewal of Health Insurance Policies RECOMMENDATION: Staff recommends Council authorize the City Manager to sign to contracts for Medical, Dental, Vision and Life Insurance Coverage. BACKGROUND: This year we experienced premium cost increases from Blue Shield (Preferred Provider Option - PPO) in the amount of 20.5 percent. Lifeguard and Health Net (Health Maintenance Organizations - HMO' s) went up 12 - 14 percent. Delta Dental, Medical Eye Services and Life Insurance increases ranged from $2.00 to $9.00. Approximately 57 percent of City staff are currently enrolled in an HMO, and 43 percent are covered by the PPO. These plans are made available to employees in compliance with the provisions of current Memorandums of Understanding. FISCAL IMPACT: These increases represent approximately $20,000 more overall, that was budgeted for Health Insurance. The overage varies by department. Department Heads have been directed to review their respective budgets to identify monies within their control that could be applied toward this increase. • 000010 a:R HEALTH NET® APPLICATION FOR Cedgbrnia'sHecflthPlein GROUP SERVICE AGREEMENT Post Office Box 9103 • Van Nuys, CA 91409 • (818) 719-6800 • Please prepare and sign one original of this form and return with the membership enrollment forms. Application is hereby made for: cant agrees to comply with the applicable regulations A Health Net Group Service Agreement pertaining to membership requirements,additions to and the provisions of which are to be made available deletions from the group. to all eligible employees,as defined below,and their Applicant shall inform each eligible employee at the time eligible dependents desiring coverage thereunder. of his employment that he may apply for Health Net membership after a probationary period of , ! Applicant, in the event this application is accepted, month(s) during which a person must be continuously agrees to make authorized payroll dues deductions employed by applicant. for such eligible employees who enroll under the agreement(s) and to forward such amounts in Effective 1st of the month following date advance of the due date to Health Net together with of hire. unless hired first Aad_ the reports necessary to maintain accurate and complete membership records. Furthermore, appli- I EMPLOYEE DATA HEALTH NET PLAN INFORMATION The following information regarding TOTAL EMPLOYEES EFFECTIVE DATE employee personnel data is submit- 165 November 1, 1991 ted to allow Health Net to determine TO92 INELIGIBLE EMPLOYEES DEPENDENT ELIGIBILITY the eligibility of employees seeking enrollment hereunder. TOTAL ELIGIBLE EMPLOYEES ! i 113 RISPOUSE CHILDREN (if dependent on DEFINITION OF ELIGIBLE CATEGORIES the parents for 50%of support) ® UP TO AGES 19-23 ❑ UP TO AGES 19-25 l� PERMANENT FULL TIME C�3 WORKING MORE THAN 30 HOURS PER WEEK PLAN AND OPTIONS PLAN REBATE MONTH ❑ OTHER I G November • DEFINITION OF INELIGIBLE CATEGORIES & Rx $7 CHIRO NET L.O. TEMPORARYC1d PART TIME COPAYMENT 3/5 ❑ VISION ElCHIRO NET H.O. I i RATES AND AMOUNT OF DISTRIBUTION WORKING LESS THAN 30 HOURS PER WEEK SINGLE i 2P F 2P/F Sc ❑ OTHER HEALTH 117.31 234.61 390.19 AMOUNT OF EMPLOYER CONTRIBUTION Rx !EMPLOYEE DEPENDENTS 11.45 22.90 33.20 100 % 50 % VISION AUTHORIZED BROKER OF RECORD IIF APPLICABLE) CHIRO NET Hans Kardel/Barbara Antanavich BROKER NUMBER TIDTAL 133.77 207.53 387.92 B741 C908 APPLICATION iCORPORATE NAME TYPE OF BUSINESS City of Atascadero Municipality ADDRESS CITY STATE ZIP 6500 Palma Avenue Atascadero CA , 93422 F lease complete all of the above information before signingDated this day Of 19 greement.Please initial any changes. This is an application only. Issuance of a Group Service X Agreement is subject to review and approval by Health TIn E Net Underwriting. RAY WINDSOR I ty Manager All HEALTH NET USE ONLY COVERAGE ENROLLMENT COVERAGE EFFECTIVE COVERAGE CODE SIGNATURE DATE 13 REJECTED C] ACCEPTED MKT 3906 10/90 Important Notice: Contract Addition The following is an addition to your contract under Article 6. To acknowledge this addition to your contract, please read and return one signed copy. Delta's provision of Benefits is limited to the applicable percentages of dentist's fees or allowances specified in Article IV. The Eligible Person is responsible for paying the balance of any such fee or allowance, known as the "patient copayment". Applicant has chosen to require patient copayments under this program as a method of sharing the costs of providing dental Benefits between Applicant and Eligible Persons. If the dentist discounts, waives or rebates any portion of the patient copayment to the Eligible Person, Delta will be,obligated to provide as Benefits only the applicable percentages of the dentist's fees or allowances as reduced by the amount of such fees or allowances that is discounted, waived or rebated. Delta Group #: 9206 Acknowledged: ® Name City Manager Title (Date) i U()U()11 IMPORTANT NOTICE: BENEFIT ADDITION The following benefit will be added to all Delta Dental group programs effective or renewing on and after January 1, 1991. Delta's copayment for sealants will be the same as the Basic Benefit copayment. Sealants - topically applied acrylic, plastic or composite material used to seal developmental grooves and pits in teeth for the purpose of preventing decay. Sealant Benefits are limited as follows: 1) Sealants are available to Eligible Persons under the age of 14. 2) The benefit includes only the application of sealants to permanent posterior molar teeth with no caries (decay), with no restorations and with the occlusal surface intact. 3) Sealant benefits do not include the repair or replacement of a sealant on any tooth within three (3) years of its application. 0(AAW • APPLICATION IS HEREBY MADE TO CALIFORNIA PHYSICIANS' INSURANCE CORPORATION SAN FRANCISCO, CALIFORNIA for the insurance afforded by Group Policy No. 917156-000/001, the terms of which are hereby accepted and approved to take effect on November 1, 1991, as specified in the Policy. It is agreed that this application, which is executed in duplicate, supersedes any previous application for this Policy. Dated at Atascadero, CA Applicant THE CITY OF ATASCADERO CALIFORNIA • Address 6500 PALMA ATASCADERO CALIFORNIA 93422 BY Title City Manager Agent PLEASE SIGN AND RETURN ORIGINAL TO CALIFORNIA PHYSICIANS' INSURANCE CORPORATION IV1��� C�,LIFORNIA PHYSICIANS' INSURANCE CORPORATION IP.O. BOX 7725 • SAN FRANCISCO • CA 94120-7725 • GP AP-1(2187) UUUI W i APPLICATION IS HEREBY MADE TO • BLUE SHIELD of California (California Physicians' Service) FOR A GROUP HEALTH SERVICE CONTRACT BY THE CITY OF ATASCADERO, CALIFORNIA whose main post office address is: 6500 PALMA ATASCADERO, CALIFORNIA 93422 This Contract, number 917156-000, shall be effective November 1, 1991. It has been read and approved, and the terms and conditions are accepted by the Contractholder. This application is executed in duplicate. The Contractholder shall sign, date and return the original application page to Blue Shield of California, Two North Point, San Francisco, California 94133. The Contract shall be retained by the Contractholder. It is agreed that this application supersedes any previous application for this Contract. • Dated at Atascadero, CA this day of 19 (Legal Name of Applicant) By Title City Manager As Contractholder. Xgu are resp.4nsible for communicating to Subscribers as soon as Possible (and in wM case no later than 30 daps after receigt) all chances in benefits and in any Provisions affecting benefits. PLEASE SIGN, DATE AND RETURN THE ORIGINAL APPLICATION PAGE TO BLUE SHIELD OF CALIFORNIA AT THE ABOVE ADDRESS. RETAIN THE COINTRACT. Inquiries concerning any problems that may develop in the administration of this Contract should be directed to Blue Shield of California at the above address. SLUE SHIELD of California GC-AP APPLICATION IS HEREBY MADE TO BLUE SHIELD of California (California Physicians' Service) FOR A GROUP HEALTH SERVICE CONTRACT BY CITY OF ATASCADERO whose main post office address is: 6500 PALMA ATASCADERO, CALIFORNIA 93422 This Contract, number F20355 (MESC VISION) , shall be effective November 1, 1991. It has been read and approved, and the terms and conditions are accepted by the Contractholder. This application is executed in duplicate. The Contractholder shall sign, date and return the original application page to Blue Shield of California, Two North Point, San Francisco, California 94133. The Contract shall be retained by the Contractholder. It is agreed that this application supersedes any previous application for this Contract. Dated at Atascadero, CA this day of 19 (Legal Name of Applicant) By Title City Manager As Contrar_tholder_ van are responsible for communicating to Subscribers as soon as possible (and in any case no later than 30 days after receipt) all changes in benefits and in any provisions affecting benefits PLEASE SIGN, DATE AND RETURN THE ORIGINAL APPLICATION PAGE TO BLUE SHIELD OF CALIFORNIA AT THE ABOVE ADDRESS. RETAIN THE CONTRACT. Inquiries concerning any problems that may develop in the administration of this Contract should be directed to Blue Shield of California at the above address. > BLUE SHIELD 4 of California GC-AP • REPORT TO CITY COUNCIL Meeting Date: 01/28/92 CITY OF ATASCADERO Agenda Item: B-6 Through: Ray Windsor, City Manager From: Alicia Lara, Personnel Coordinator 'I'L- SUBJECT: Approval of Cooperative Personnel Services Test Use Agreement (Resolution No. 08-92) . RECOMMENDATION: It is recommended that the City Council approve the renewal of the Test Use Agreement with Cooperative Personnel Services. BACKGROUND: The City has had an agreement with Cooperative Personnel Services since October 1, 1979. The purpose of the agreement is to allow the City to rent the testing material of Cooperative Personnel Services, while going through the recruitment process. The agreement is reviewed by Cooperative Personnel Services and renewable on an annual basis. • FISCAL IMPACT: Rates have not increase from the prior contract. The cost is based on the number of tests we use. attachment: Resolution 08-92 • 000006 RESOLUTION NO. 08-92 RESOLUTION OF THE CITY COUNCIL OF is THE CITY OF ATASCADERO AUTHORIZING ENTERING INTO AN AGREEMENT WITH COOPERATIVE PERSONNEL SERVICES WHEREAS, the City of Atascadero entered into an agreement with Cooperative Personnel Services on October 1, 1979, for the purpose of performing testing services; and WHEREAS, Cooperative Personnel Services requires the City to update the original agreement and to extend provisions of the agreement; and NOW, THEREFORE, be it resolved that the Atascadero City Council authorizes the City Manager to enter into and sign an agreement with Cooperative Personnel Services. On motion by Councilperson , and seconded by Councilperson , the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: • ADOPTED: CITY OF ATASCADERO, CALIFORNIA By. ALDEN SHIERS, Mayor ATTEST: LEE RABOIN, City Clerk 000027 • Resolution No. 08-92 continued APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney APPROVED AS TO CONTENT: RAY WINDSOR, City Manager • 000(w8 memo MMMMFM COOPERATIVE PERSONNEL SERVICES 191 Lathrop Wav a Suite A n Sacramento. CA UC-)'_ Dear Client , We are currently updating our security agreements and have discovered that the agreement for your agency will expire soon. Enclosed please find a security agreement that will need to be signed and returned to us before we can send any test materials to you. Should you need any further assistance , please do not hesitate to • call Cooperative Personnel Services on (916) 924-2300 within California or (800) 822-4277 outside California. Sincerely, Earline Henry Coordinator, Test Processing • 0000219 . COOPERATIVE PERSONNEL SERVICES TEST SECURITY AGREEMENT TERMS AND CONDITIONS SECTION I - PURPOSE OF AGREEMENT This Agreement defines Cooperative Personnel Services' (CPS) test security policies and procedures. It also explains CPS test security standards designed to protect the mutual interests of all clients that use test materials, as well as the interests of persons who take such tests. In order that no person may gain special advantage by having improper access to the material, CPS requires as a condition for making its test materials available for rental that all users sign this agreement and fulfill its terms. SECTION II - CPS POLICIES AND PROCEDURES The following provisions shall govern CPS services for planning, scheduling, preparation, construction and scoring examinations. A. Preparing Custom Tests 1. Information Required from Clients. A client desiring custom test preparation services is responsible for furnishing to CPS a written description of the work to be performed, the knowledge, skills and abilities required to perform the duties of the position, special working conditions, shifts, location of the job, required licenses or certificates, salary and shift differential, if any. 2. CPS Preparation of Test Materials. CPS shall construct a written test, based on the information furnished by the client, for each job classification for which an examination has been requested and agreed upon by CPS and the client. B. Ordering Stock and Custom Tests 1. Scheduling of Examinations. The client desiring test preparation services shall notify CPS sufficiently in advance to allow time for scheduling and preparation. 1 UUUl1;iO 2. Client Notification to CPS of Number of Candidates. . Not less than 10 working days prior to the test date, the client shall notify CPS of the total number of candidates in each classification to be tested. 3. Transmittal of Test Materials. CPS shall provide the client with sufficient test booklets, instructions for administering the test and such other material as CPS may deem necessary. 4. Client Administration of Test and Return of Test Materials. The client shall administer the test in accordance with instructions provided by CPS and immediately following the test, will return all used and unused test booklets, keyed booklets, scoring keys, instructions, and any other materials furnished by CPS and not consumed (except that in such cases as provided in paragraph II.B (7), II.B (8),and II.B (9) time extensions may be granted by CPS). 5. Re-Use of Test Materials. Clients requesting test material use for a specific date and candidate count, will not be allowed to reuse the tests for another date or candidate group without prior permission of CPS. 6. Scoring of Tests. CPS will score all scannable answer sheets, at no cost to the client. At the discretion of CPS, responsibility for the scoring of standardized stock tests may be granted to the client. Custom tests and agency tests may be scored by the client. Open ended test question answers, such as essays, typing, and shorthand tests may be scored by the client, or CPS will score these tests for a fee. 2 • OOO():t 1 • 7. Test Papers Inspection Under Client Policy. If the client has an officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of an test or answer sheets following the test, and this rule or policy has been submitted in writing to CPS at least 10 days prior to the first test scheduled under this agreement for which such inspection is desired, CPS will comply with the inspection privileges as officially recognized by the client. EXCEPTION: NO INSPECTION SHALL BE ALLOWED FOR STANDARDIZED (STOCK) TEST MATERIALS, OR TESTS REDUPLICATED AS STOCK TESTS OR SEMI-STOCK TESTS, OR OF QUESTIONS NOT SCORED BY AN ABSOLUTE STANDARD. During key inspection, a representative of the client's Personnel or Administrative office must be present to assure that no candidate takes away from the review any notes regarding a test question. Upon request of the client, and when submitted in writing by a candidate who participated in the test, CPS will analyze protests resulting from such review and recommend the action to be taken by the client. 8. Test Papers Inspection Under CPS Policy. • If the client has no officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of a test or answer sheet(s) following the test and wishes to allow such an inspection privilege, the following CPS policy shall govern: a. Key Inspection - Inspection of a keyed copy of the test book, for the purpose of requesting a review of such items as the candidate may believe are incorrect or improperly keyed will be allowed for five working days immediately following an test, providing this has been requested by the client at least 10 days prior to the test. The inspection time allowed a candidate will not exceed one-half the amount of time originally allowed to answer the question during the administration of the test. 3 0000., During key inspection, a representative of the client's Personnel or Administrative office must be present to assure that the candidate takes no notes of any kind regarding any test materials. Upon request of the client and when submitted in writing by a candidate who participated in the test, CPS will analyze protests resulting from such review and recommend the action to be taken by the client. b. Answer Sheet(s) Inspection - Inspection of a candidate's answer sheet(s) for the purpose of detecting whether any clerical or other error has been made in the scoring of the answer sheets, shall be allowed for a 14-calendar-day period immediately following the notification to the candidate of test results. Upon request, CPS will return the candidate's answer sheet(s) after scoring and a copy of a keyed answer sheet(s) to the client. Candidates are not allowed to review the question booklet during this inspection period. Not more than one hour will normally be allowed for answer sheet(s) review. • A representative of the client's Personnel or Administrative office shall be present to assure that no changes or marks of any kind are made by the candidate on the answer sheet(s) or the keyed answer sheet(s). c. Certain Test Not to be Opened for Key Inspection. Standardized tests, stock tests, and questions not scored by an absolute standard will not be available for keyed copy inspection nor may candidates be allowed to review copies of these tests at any time. 4 0 0000'.1;3 • 9. Extended Usage. If the client wishes to administer tests on a continuous basis for certain mutually agreed upon classes, CPS may, at its discretion, supply the test booklets, a scoring key and instructions for extended usage. Extended usage is defined as the client's retention of test booklets and instructions after their initial administration for the purpose of readministering them. 10. Examination Charges. In consideration of the performance by CPS for testing services specifically described in this Exhibit, the client agrees to pay CPS in accordance with "Written Test Price List" in effect at the time of rental arrangements. 11. Canceled or Postponed Tests. Clients may be billed for work done on a canceled or postponed test up to the time CPS is notified of such action. Under certain circumstances, credit may be given for work already performed if the test is rescheduled. • C. Client Responsibilities The client shall perform all parts of the testing process which have not specifically been requested of and agreed to by CPS. Client shall assume responsibility for the conformity of the testing process to any applicable laws, rules or ordinances, and for the test as a whole. Under the federal Uniform Guidelines on Employee Selection Procedures, the client as test user is responsible for the results of the selection process and must be prepared to demonstrate that the process is valid and meets other testing standards if it adversely affects groups protected by fair employment laws. • 5 0000:14 Section III - SECURITY OF TEST MATERIALS . All test materials supplied by CPS under this agreement shall be and remain the property of CPS. They shall be held and stored in a manner that will prevent unauthorized persons from having access to them. The client agrees to be responsible for the security of all test materials supplied to the client and agrees to reimburse CPS for a portion or all of the replacement costs, as determined by CPS, for test materials that are lost or whose value for testing purposes, in the opinion of CPS, may have been destroyed while said test materials were subject to the custody of the client. Question booklets shall not be duplicated nor test questions copied by the client under any circumstances. If any test material obtained from CPS should become involved in legal proceedings by a court or other body vested with legal authority, CPS will take appropriate measures to safeguard the confidentiality of the test material, including answer sheets, such as by motion or protective order. Section IV - TERMINATION OF AGREEMENT CPS retains the right to terminate this agreement and withhold or recall its test materials if • it believes the terms and conditions of this agreement are being or have been violated. 6 • 0000:1;), TEST SECURITY AGREEMENT SECTION V. PARTIES TO THE AGREEMENT Thearties to this Test Security A are P ty eement gr Cooperative Personnel Services (CPS) and the client named below. A. PRINCIPAL SIGNER On behalf of this agency, I accept this agreement and assure compliance with its terms and conditions. Client Name CITY OF ATASCADERO Address 6500 PALMA AVENUE City A T A S C A D E R O State/Province CA Country Zip Code 93422 Telephone and FAX numbers (805 ) 461-5015 FAX (805) 461-0606 Name of Principal Signer RAY WINDSOR Title CITY MANAGER Signature/Date B. PERSONS AUTHORIZED TO RECEIVE TEST MATERIAL As the Principal Signer of this Test Use Agreement, 1 am authorizing the following members of this agency to be the only individuals able to receive test-related materials from CPS. (Please have the appropriate individuals who are authorized to receive the test material sign below. If more space is necessary, attach an additional sheet.) NAME TITLE SIGNATURE ALICIA I . LARA PERSONNEL COORDINATOR RAY WINDSOR CITY MANAGER • Please make one copy of this Agreement. Sign and return original to CPS. This agreement MUST be renewed annually. Attach additional pages for more signatures. 7 UUU11:46 THIS PAGE INTENTIONALLY LEFT BLANK • 8 000w4v CPS RENTAL RATES NOVEMBER 1991 STOCK CUSTOM AGENCY TESTS TESTS TESTS BASE FEE $ 200.00 $ 575.00 $ 300.00 REVIEW COPY FEE No Charge $ 250.00 $ 35.00 PER BOOKLET FEE 1 - 100 Books $ 5.50 $ 9.50 $ 7.50 110 - 500 Books $ 5.00 $ 9.00 $ 7.00 510 - 1,000 Books $ 4.50 $ 8.50 $ 6.50 1,010 - 2,000 Books $ 4.25 $ 8.00 $ 6.00 2,000 + Books $ 4.00 $ 7.50 $ 5.50 CANCELLATION FEE $ 200.00 $ 300.00 $ 250.00 • 2 - DAY SHIPPING 10% of order 5% of order 10% of order OVERNIGHT SHIPPING 15% of order 15% of order 15% of order ---------------------- ♦ Stock tests are prepackaged and are available only in packages of ten booklets. CPS will apply a credit of $25.00 for each unopened package of test booklets to your agency's next test order. ,.> ENTRY LAW ENFORCEMENT AND STRUCTURED INTERVIEW ENTRY FIREFIGHTER STUDY PACKAGES BOOKLETS BASE FEE: $ 200.00 Quantily Per Book Fee 10 - 100 $ 2.50 PER CANDIDATE FEE: 110 - 500 $ 2.00 $ 2.00 if used with a CPS written exam a 510 - 1,000 $ 1.75 $ 3.00 if used without a CPS written 1,010 + $ 1.50 exam • ai- 9 tivUli:if� SPECIAL SERVICES Writing Proficiency Exam and $ 300.00 Base Fee + Professional Scoring $ 12.00 per candidate COMPU-Skillet - Computerized $ 200 per year + Typing Test and Computer-Based $ 2.00 per candidate billed quarterly Multiple-Choice tests - (price includes all forthcoming updates rented on an extended-use basis and modifications) ------------- ------------------------------ Semi-Stock Tests $ 250.00 Base Fee + $ 11.00 per candidate Clerical Skills Battery Rental Rate to be established at a later date. Please call CPS at (916) 924-2300 for further information. • Extended Use Policy Allows agencies to retain test booklets for continuous testing. Call for details. RELATED PRODUCTS Scoring Stencil (plastic overlay) $ 10.00 per stencil Preview Copy of Final Custom Test $ 50.00 Cover Change of Stock or Agency Test $ 100.00 Scoring Services (Non-CPS Tests) $ 50.00 plus $ 0.50 per candidate Supplements $ 50.00 when ordered with Stock or Custom tests. Stock booklet charge when ordered by itself 10 • • COOPERATIVI PZXSoNNZL 82R4ZCZS 191 LathroP Way, Suit* A, Sacrax4ntc, Calitorni a 9Sgls DILLING 22dTe�Y»•Tnr AGENCY NAlCITY OF ATASCADERO , PERSONNEL DEPARTMENT AD6500 PALMA AVENUE DRESS . CITY ATASCADERO CA 93422 - STATE/PROVINCE COUNTRY ZIP CODE ALICIA I . LARA ATTENTION TO, NAMg WIT PERSONNEL COORDINATOR ( 805 461-5015 TELEPHONE NUMBER 000044) REPORT TO CITY COUNCIL Meeting Date: 1/28/92 • CITY OF ATASCADERO Agenda Item #B-7 (A)&(B) Through: Ray Windsor, City Manager From Lee Raboin, City Clerk SUBJECT: 1992.General Municipal Election to be held on Tuesday, June 2, RECOMMENDATION: ( 1) To adopt Resolution No. 09-92 calling and giving notice of the election, and (2) To adopt Resolution No. 10-92 requesting the County Board Of Supervisors to consolidate the election with the Statewide Primary. BACKGROUND: • Section 23302 of the California Election Code allows the City Council to, by resolution, request election consolidation with the County. The resolutions calling the election and requesting consolidation must be adopted at the same time and authorizes the County to conduct the election on behalf of the City and to canvass the results. FISCAL ANALYSIS: Total election costs are estimated to be $10,000. These costs were approved as part of the City Clerk' s Department overall budget for the fiscal year 1991-92. • 060()41 RESOLUTION NO. 09-92 RESOLUTION OF THE CITY COUNCIL OF THE • CITY OF ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 1992 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on June 2, 1992, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General law Cities, there is called and ordered to be held in the City of Atascadero, California, on Tuesday, June 2, 1992, a General Municipal Election for the purpose of electing three members to the City Council for the full term of four years. SECTION 2. That the ballots to be used at the election • shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that my be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed except as provided in Section 14301 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, time, form and manner as required by law. SECTION 7 . That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book • of original Resolutions. 06 00112 • Resolution No. 09-92 Page Two 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 LEE RABOIN, City Clerk By:ALDEN SHIERS, Mayor • • RESOLUTION NO. 10-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF ATASCADERO, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 2, 1992, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTION CODE WHEREAS, the City Council of the City of Atascadero called a General Municipal Election to be held on June 2, 1992, for the purpose of the election of three members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Primary Election to be held on the same date, and that within the city the precincts, polling places and election officers of the two elections be the same; and WHEREAS, it is equally desirable that the San Luis Obispo County Election Department canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO • DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of the County of San Luis obispo is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide Primary Election on Tuesday, June 2, 1992 for the purpose of the election of three members of the City Council for terms of four years each. SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the of the consolidated election. SECTION 4. That the City of Atascadero recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo Board • of Supervisors and the County Election Department. vu00,14 • Resolution No. 09-92 Page Two SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 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 LEE RABOIN, City Clerk By:ALDEN SHIERS, Mayor • • REPORT TO COUNCIL Meeting Date: 1/28/92 • CITY OF ATASCADERO Agenda Item: B-8 THROUGH: Ray Windsor, City Manager FROM: Greg Luke, Director of Public Works SUBJECT• Contract Award For Generation of Plans and Specifications for Relief sewer. RECOMMENDATION• Award Contract to CSD for the generation of Plans and Specifications for Relief Sewer. (Resolution No. 14-92) BACKGROUND• On June 25, 1991 City Council approved the Wastewater Divisions 1991-92 CIP Plan. The single largest caspital improvement covered by this plan was a Sewer Trunk Line Upgrade which was estimated to cost $587,900. After requesting and receiving design proposals for this project an alternative was discovered. This • alternative could result in a cost savings of up to $300, 000. The original plan called for the replacement of an undersized section of sewer pipeline which lies under a portion of E1 Camino Real and La Linia Avenue. The alternative project will re-route the forcemain from Wastewater Pumping Station #2 east along El Bordo where it will merge with a gravity collection main. This collection main will serve the properties along E1 Bordo and the Club House at Chalk Mountain Golf Course before merging with the existing sewer truck line which extends across the Chalk Mountain Golf Course to the Wastewater Treatment Facility. Wastewater Pumping Station #2 currently accounts for 92% of the flow in the undersized section of pipeline which was to be replaced in the original project. The re-routing of this flow will eliminate the need to replace the El Caminod Real/La Linia pipeline. The County of San Luis Obispo has tentatively agreed to grant the City of Atascadero an easement for the sewer main across the Chalk Mountain Golf Course as well as to contribute a maximum of $24 , 400. 00 toward the project. In exchange the City of Atascadero will provide City wastewater collection service for the Golf Course Club House and two Heilmann park restrooms. • i1ir0(I�z� DISCUSSION• • Three local engineering firms were invited to submit proposals for the generation of plans and specifications for this alternative project. The estimated cost for their services in connection to this project are as follows: FIRM COST ESTIMATE Penfield & Smith. . . . . . . . . . . . . . . . . . . . . . . . . . . $20, 000. 00 Central Coast Engineering. . . . . . . . . . . . . . . . . . $15,500. 00 CSD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11, 500.00 FISCAL IMPACT• $11,500.00 to be deducted from the approved Wastewater Collection System Improvements budget of $683 ,400. 00 It is anticipated that this project will result in a savings of approximately $300, 000.00 from the original budgeted amount for Wastewater Collection System Improvement projects. • • 0600A7 �a �� :lli/ill .�♦� .�� � �� . ..• � IF ,� � � �� :1111►� ► \���� � I.•rte„;I,.• � ..• •• i..; ��► NotesX111 Am • 11. fillI `rte ,�., •� �: J � l 1,;, � ► �� � i�� -moi � j'� . job.. �. • MAW j I� t rA TION � l on ` 1} ft i i 71" �•r�ii' l ■ r r 7 • RESOLUTION NO. 14-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CONTRACT SURVEY AND DESIGN (CSD) TO DESIGN OF WASTEWATER RELIEF SEWER The City Council of the City of Atascadero, California, hereby resolves as follows: 1. The Director of Public Works is hereby authorized to execute an agreement with: Contract Survey and Design for the generation of plans and specifications for a relief sewer. 2 . The Director of Public Works is hereby authorized to make minor corrections or modifications of a mathematical or clerical nature. 3 . The Finance Director is hereby authorized to: appropriate • funds, if necessary; release and expend funds; and issue warrants to comply with the terms of this agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero held on the CITY OF ATASCADERO, CALIFORNIA ALDEN SHIERS, Mayor ATTEST: LEE RABOIN, City Clerk • • REPORT TO CITY COUNCIL Meeting Date: 01/28/92 CITY OF ATASCADERO Agenda Item: B_9 Through: Ray Windsor, City Manager From: Alicia Lara, Personnel Coordinatort SUBJECT: Plan Administrator for Flexible Benefits for Police and Fire Department Units. RECOMMENDATION: Staff recommends Council authorize the City Manager to enter into an agreement with Colonial Life and Accident Insurance Company, to provide premium reduction benefits to Police and Fire Department bargaining units. BACKGROUND: The current Memorandums of Understanding for the Police and Fire bargaining units require the City to provide a premium reduction benefit for health insurance coverage. Through our brokers, Hans Kardel and Barbara Antanavich, we solicited responses from three providers. Western States Administrators out of Fresno declined to quote a plan, as they deal • mainly with large employers. Ararat Administrators also from Fresno and Colonial Life and Accident Insurance Co. , branch office in San Luis Obispo, made presentations to the Health Insurance Committee. Colonial Life offered a program similar to Ararat for the least expensive administrative cost. This benefit allows the eligible employees to pay for health insurance premiums with pretax dollars. FISCAL IMPACT: The administration cost for this component of flexible spending is $1.50 per employee, per month. This represents less than $400.00 for the remainder of this fiscal year. There are 47 eligible employees who may opt to sign up for this benefit. The cost will be absorbed by departmental budgets. • • REPORT TO CITY COUNCIL CITY OF ATASCADERO ITEM: D-1 Through: Ray Windsor, City Manager Mtg. Date: 1/28/92 From: Henry Engen, Community Dev. Dir JAE File No: North Cty Women's Shelter CDBG Grant SUBJECT: Request for authorization to submit an application for a Community Development Block Grant Planning/Technical Assistance Grant to find a site for the North County Women' s Center Shelter. RECOMMENDATION: Approval of Resolution No. 07-92 authorizing submittal of a CDBG grant application and further authorizing the expenditure of $3300 in the event the application is successful. BACKGROUND/ANALYSIS: • As indicated in the attached communication, the North County Women' s Center is looking for assistance from the City to apply for a Community Development Block Grant. The intial grant application seeks to study the feasibility of acquiring a permanent domestic violence center for the North County Women' s Center. The $30,000 grant request would fund staff work by the People' s Self-Help Housing Corporation, and would require an expenditure of $3, 300 from the City in support of the effort. A follow-up grant appli- cation to acquire the structure would be the second step and would not entail contribution of City funds. As required by CDBG applications, a City administrative public hearing was advertised and held on January 21st. In addition to City staff and staff from the People' s Self Help Housing, the meeting was attended by Barbara MacGregor, Executive Director of the North County Women' s Resource Center, and Mildred Copelan, representing their board. No other members of the public responded to the advertisement. The attached application has been drafted by People' s Self Help staff and is accompanied by a resolution which is a pre-requisite to submitting the application. FISCAL IMPACT: As noted, the fiscal impact would be $3300 given a successful application. • HE:ps 0000 s 1 Enclosures: Resolution 07-92 Authorizing Submittal of a Grant • Application January 21 , 1992 Correspondence: People' s Self-Help Housing Corporation: Planning Technical Assistance Application December 19, 1991 Request for Assistance: North County Women' s Resource Center December 23, 1991 Letter: People' s Self Help Housing Corporation Outlining Proposed Application Process cc: Scott Smith, Peoples Self-Help Housing Corporation Barbara MacGregor, North County Women' s Resource Center • • 000()52 • RECEIVEDDEC 2 4 1991 Mr. Ray Windsor December 23 , 1991 City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Subject: North County Women's Shelter State CDBG Technical Assistance Application Dear Mr. Windsor: This letter is to follow up on our December 3rd meeting between you, Henry Engen, Peoples' Self-Help Housing Corporation, and Barbara McGregor of North County Women ' s Shelter. At that meeting we discussed the feasibility of the North County Women's Shelter applying to the State Department of Housing and Community Development, Community Development Block Grant Program General Allocation for funds to purchase and rehabilitate a site. The conclusion was that such an application would be premature, due to the number of unresolved issues and the early Spring deadline for this grant program. At this stage it might be more appropriate to apply to the CDBG program's Planning and Technical • Assistance Allocation. This planning grant would allow PSHHC to work with North County Women's Shelter over the next year and to prepare a CDBG application for site acquisition the Spring of 1993 . The following constitutes a summary of the CDBG planning grant application process and deadlines. Citizen Participation HCD requires a "citizen participation process" for this application. This consists of one public meeting describing the proposed program (=.-Y be handled adrainist-ratively) and one public hearing before City Council (authorizing the application) . Both the meeting and hearing require public noticing ten days in advance. Wording of the Notice is specialized and would be prepared by PSHHC. Cash Match Requirement The program requires a local government cash match. HCD specifies the percentage match based upon relative sales and use tax revenue of all eligible applicants (not to exceed 25% match) . Although this year's level has not yet been published, based on last year we anticipate Atascadero's requirement to be 11%. This works out to approximately $3 , 000 for a $27, 000 State grant. The • cash match commitment must be documented in the Council resolution authorizing the application. The match is contingent upon receiving an HCD CDBG award. Peoples' Self-Help Housing Corp. 1411 Marsh Street, Suite 103 000053San Luis Obispo, California 9.3401 TEL: (805) 544-5717 • Peoples' Self-Help Housing Corp. North County Women' s Shelter CDBG Planning Grant Application Page 2 Applicant The State considers the City to be the actual applicant. If funded the City would subcontract with PSHHC to provide technical assistance to the North County Women's Shelter. Responsibilities PSHHC would prepare the application, draft required CDBG public notices, attend hearings/meetings, and if funded, carry out the scope of work. The City, as applicant, must conduct the public meeting and hearing, authorize the application by Council resolution, provide signature on various application forms, and keep grant accounting records if funded. PSHHC would assist the City with all required recordkeeping if funded. An application schedule is attached based upon an anticipated February 10, 1992 deadline for submittal to HCD. HCD will publish the precise deadline the first week in January. Should you have any Tinstions regarding this matter please do not hesitate to contact We will contact you the first of the year to follow up and - -gin the process. erely, h Director of Programs Attachment cc: Henry Engen, City Planning Director Barbara McGregor, North County Women's Shelter • 000054 • community Development Block Grant Application Schedule Planning and Technical Assistance Allocation Public Meeting Notice January 10 192 Public Hearing Notice January 17 Public Meeting Held January 21 Public Council Hearing Held January 28 Submit Application to HCD By Feb 10 ------------------------------------------------------------- Anticipated Award Announcement April 10 City/HCD Enter Grant Agreement June 10 • City/PSHHC Subcontract July 10 Commence Work July 10 Submit 1993 CDBG Application March 15 193 for Acquisition and Rehab Notes: 1) PSHHC will provide public meeting/hearing notices to local newspaper at least two days prior to publication as required. 2) PSHHC will assist with City staff reports for meeting /hearing agenda items as desired by City staff. • RESOLUTION NO. 07-92 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Atascadero recognizes the need for the services of a domestic violence shelter; and WHEREAS, the North County Women' s Resource Center provides those needed services, and desires to improve and augment those services; and WHEREAS, community input has identified this needed shelter as a potential Community Development Block Grant activity; and WHEREAS, the City has utilized the assistance in the prepara- tion of the Community Development Block Grant Planning and Technical Assistance Grant application from a non-profit housing organization. NOW, THEREFORE BE 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 North County Women' s Resource Center Shelter Housing Program in the amount of $26,700. SECTION 2. The City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application. SECTION 3. The City council does hereby approve the use of General Fund Monies in the amount of $3,300 to be used as the City' s Cash Match for this project. SECTION 4. The City Manager is hereby authorized and directed to act on the City' s behalf in all matters pertaining to this application. SECTION 5. If the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for purposes of this grant. • 0000!_6 • Resolution No. 07-92 Page Two 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 LEE RABOIN, City Clerk By:ALDEN SHIERS, Mayor APPROVED AS TO FORM: • ARTHER R. MONTANDON, City Attorney APPROVED AS TO CONTENT: HENRY ENGEN, Community Development Director • 000057 January 21, 1992 Henry Engen, Community Development Director City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Dear Mr. Engen: Enclosed please find the City' s 1992 Planning and Technical Assistance Grant application for the Council 's consideration. You will note that all required components of the application package including Peoples ' Self-Help Housing Corporation' s (PSHHC) letter of intent to contract and proposed Citizen' s Participation Plan are included. If funded, this project will allow PSHHC to assist the Women' s Resource Center of North County locate a permanent domestic violence shelter and apply for funding to acquire it. The City's $3 , 300 match required to leverage the $26, 700 State planning grant is an investment that could ultimately result in as much as $500, 000 in State funding toward this very worthy cause. Ser e le lye,_—_� 5t--Smith Director of Programs SS:dd Enclosures • Peoples'Self-Help Housing Corp. 1411 Marsh Street, Suite 103 San Luis Obispo, California 93401 TEL: (805) 544-5717 000(l��y FAX: (805) 544-1901 City of Atascadero CDBG Program (Applicant) PLANNING/TECHNICAL ASSISTANCE ALLOCATION • APPLICATION SUMMARY FORM Page I of 2 1a. APPLICANT: [x] City [ ] Countyof— Atascadero b. Department Community Development f. Phone (805) 461-5035 c. Street/P.O. Box 6500 Palma Avenue g, Consultant/Other Public Agency Contact Person Scott Smith City Atascadero Zip 93422 Peoples' Self-Help Housing Corp. h. Address 1411 Marsh Street, Suite 103 San Luis Obispo, CA 93401 d. Applicant's Staff Contact Person Henry Engen 1. Phone (805) 544-5717 e. Title Community Development Director 2. TYPE OF APPLICATION: a. [x] On Applicant's Own Behalf e. [ J For Funding from the Economic Development Planning/Technical b. [ ] Joint Application: and Assistance Allocation c. [ J On Applicant's Own Behalf and on Behalf • of f. [ J For Funding from the General Planning/Technical Assistance d. [ J On Behalf of Only Allocation 3. LEGISLATIVE REPRESENTATIVES: Member of the Assembly State Senator Member of Congress a. District Number 29 District Number 14 District Number 20 b. Name Andrea Seastrand Name Kenneth Maddy Name W I I iam Thomas C. Address 523 Higuera St. AddreSS 895 Napa Ave., #A-6 Address 4100 Truxton Ave., Ste. 22 d. City San Luis Obispo, CA 93401 City Morro Bay, CA 93442 City Bakersfield, CA 93309 District Number District Number District Number Name Name Name Address Address Address City City City I 000()`0 EOPLE = ELF HELP H'-G TEL Na .X05-544-1901 Jan .2-2 , .'? 11 :33 P .05 4. Activity Title: North County Women's Resource Center Shelter Housing Program Amount Requested: $26,700 Amount of Cash Match by Applicant: s 3,300 Note: Amount requested may not exceed $30,000. Refer to the A2pendix VIII to determine minimum cash match required. a. APPLICATION CHECKLIST: [x] Application Summary Form (xJ Activity Description Form [x] Activity Budget and Schedule Form Statement of Assurances [x] General Administration Budget Form b. ATTACHMENTS: [x] Resolution by Governing Body ( j Letters Received and Responses Approving Application (if applicable) (x) Resolution Documenting ( j Joint Powers Agreement Cash Match Contribution (if applicable) ( � Additional Data (if applicable) Letters of Intent or Commitment •Citizen Participation Plan (if applicable) 6a. Has applicant enacted limitations on residential construction ( no ( } yes which are not establishing agricultural preserves, not imposed by another agency, or not based on a health and safety threat? NOT APPLICABLE b. If the answer to 6a is yes, is the housing element approved by ( j no ( j yes the Department? OT APPLICABLE C. If the answer to 6b is no, is the application for low income ( no ( j yes housing? 7. OFFICIAL AUTHORIZED TO SUBMIT APPLICATION. Name Rax Windsor - Title City Manager (Print) Signature Date • I 000060 PEOPLE ELF HELP HSG TEL No .-�OE-E4 -1901 ?an .22 , 9' 11 34 P .06 State of California C(ty.of eras=oCDBG Program (Applicants) F"NMNG/TECHNICAL ASSISTANCE ALLOCATIONS ACTIVITY DESCRIPTION FORM Attach one form for each activity. Page = of 21 1 . Activity T I t I e: North County Women Is Resource Center Shodrer`NousIny Program 2 . CDBG funds requested for this activity $ 26,700 3 . Describe how the objective of principally benefitting the TIG will be met by this activity. See the Proaram Obiective Section of this RFP , for the definition of national objective as it applies to a Planning/ j Technical Assistance Activity. Also include the source of the data shown for items 3a-c. See ettachea. 3a. Total number of households to benefit: 100 3b. Total number of households in targeted income group to benefit : 100 3c. Total number of households in lowest targeted income group to benefit : so 4 . Anticipated environmental level. Exempt frrm NEPA (CEQA Is not applicable) 5 . Identify other planning/technical assistance funds which will be committed to this activity during the grant period. Amount Source A. Federal S B. Other State S C. Local Cash Match $ 3,300 City of Ataucadero D. Private S TOTAL S 3.300 II 0000fZ 1 6. Detailed Activity Description. (Attach additional pages as needed. ) See attached. • II i 0000OZZ PEOPLE S ELF HELP HSG TEL N0 .805-544-1901 Jan .22 ,92 11 :35 P .07 Activity Description Form City of Atascadero Page 5 of 21 ACTIVITY DESCRIPTION FORM 3. Describe how the objective of principally benefiting the TIG will be met by this activity. See the Program Objective Section of this RFP for the definition of national objective as it applies to a Planning/Technical Assistance activity. Also include the source of the data shown for items 3a - c. The objective of principally benefiting TIG households will be met because this activity directs CDBG funds towards the planning of a project which, brought to completion, will assist 100% low income households (households below 80% of area median income). Upon completion of the activity (needs assessment, zoning analysis, site inventory and feasibility analysis, site negotiation and low interest loan/grant procurement for acquisition and/or rehabilitation) all beneficiaries of the emergency housing shall be low income. • Historically, 100% of the North County Women's Resource Center residents have been low income. 100% have been poverty level households (on or eligible for AFDC). This is due in part to the residents' frequent dependence upon spousal income prior to the physical andior emotional abuse which resulted in their need for alternative decent, affordable shelter. The highest income documented during the previous year was still below the poverty level. A 01-17-92 conversation with Barbara MacGregor, the Executive Director of the North County Women's Resource Center, confirmed that her records revealed that the number of families served the prior program year was 84, and that all were in the TIG. 6. Detailed Activity Description (Attach additional pages as needed.) A. DETAILED DESCRIPTION OF PROGRAM DESIGN The purpose of the activity is to enable the North County Women's Resource Center (NCWRC) to work with a non-profit housing consultant over an 18 to 24 month period toward accomplishing the following goals: a) reducing the shelter's existing overcrowding situation (an average of 7 women and children per night share a 3-bedroom house; b) increasing the number of women and children to whom they provide services; and c) purchasing a permanent site with low interest loans and/or grants in order to reduce vulnerability to rent increases and arbitrary lease conditions. The City will enter into a CDBG grant agreement with Peoples' Self-Help Housing Corporation. Peoples' Self-Help Housing Corporation will conduct the ma�onty of the activity, in coordination with the North County Women's Resource Center s Executive • Director. Tie steps involved in this activity include: C:\DOH\COMDEV\PTAGPROP.WRC 000O#Z 3 PEOPLE >ELF HELP HSG TEL No . 805-344-1901 Jan . 22 ,92 11 :36 P .OR • Activity Description Form City of Atascadero Page 6 of 21 1. Needs Asgessment: The Consultant will complete an assessment to establish the level and type of residential services needed for battered women and their children. This assessment will include documentation of the existing need, projection of future need, and evaluation of emergency versus transitional housing needs. 2. Resources Assessment: The Consultant will evaluate the availability of suitable financing mechanisms and grant resources which might, separately or in tandem, enable the NCWRC to purchase and/or rehabilitate the residential property for the shelter. This will include a financial analysis of the NCWRC's operating budget and borrowing capacity. 3. Existing Site Evaluation: The Consultant will complete an assessment of the physical condition of the existing site, including rehabilitation and additional development potential, and evaluate the consequences of continued occupancy on that site (financial impact, overcrowding, impact on surrounding neighborhoods, unmet demand etc.). 4. Planning; Review: In consultation with the City, the Consultant will review local planning and zoning ordinances which would potentially impact site selection. This would include an assessment of the public review process and its effect upon the desired site anonymity. 5. Preliminary Resort: This report by the Consultant will include: 1) an assessment of the level and type of housing need and a projection of future need; 2) the feasibility, including a financial analysis, of purchasing a site which meets the emergency housing needs of the shelter; 3) land use, zoning and other ordinances which would encourage or inhibit the location of the shelter; 4) recommendations for meeting the established residential needs of the shelter, including resource recommendations and preparation of development pro formas. 6. Site Identification: The consultant will conduct a site search for existing residential facilities with significant potential. Important factors in site identification will be security of the beneficiaries and economic feasibility. An inventory of potential properties will be prepared with an analysis of various planning, security and financial issues evaluated for each site. This inventory will be reviewed by the North County Women's Resource Center Executive Director and Board of Directors, and each will be rated according to its potential. Owner(s) of the highest rated properties will be researched and contacted regarding sale. A long term option to purchase agreement will be pursued with the owner. During this option period, permanent grant and/or low interest loan financing will be sought. 7. @nnlication Preparation: Upon selection of an appropriate site, the non-profit housing organization will prepare an appropriate application for funding from sources such as the Community Development Block Grant Program. • 000(1 =4 C:\OON\COMOEV\PTAGPROP.WRC PEOPLE :,ELF HELP' HS63 TEL tdu .305-544-1901 Jan .22 ,92 11 :37 P .09 0 Activity Description Form City of Atascadero Page 7 of 21 B. DESCRIPTION OF BENEFICIARIES The number of households potentially benefiting from this activity is based upon the sum of city households sheltered on-site last year, and the number of Atascadero households referred to other shelters outside the city due to overcrowding (84 families served + approximately 20 turned away). As discussed above, the North County Women's Resource Center provides emergency housing to women and their children living in abusive situations. In general women are referred to the program by the police and sheriff's department, by the county's Victim/Witness Assistance program, or by the local Hotline. All households served in the last calendar year were low-income: the highest verified annual income was below the poverty level. C. DESCRIPTION OF OTHER: ACTIVITIES The North County Women's Shelter is the only emergency shelter in Northern San Luis Obispo County. The NCWRC offers, in addition to the North County Women's Shelter Project, information and referrals for emergency assistance such as temporary restraining order, simple divorce, mental health services, counseling and support • groups for all age groups as well as employment and educational opportunities in the area. The NCWRC operates closely with other social/human service providers throughout the area. "Memorandums of understanding" with agencies such as the Sheriff's Department, the County Department of Social Services, etc., ensure that all possible avenues of support are utilized for those seeking assistance from the Shelter. The City of Atascadero encourages such cooperation and coordination of social service activities. To augment the $26.7 requested, the City of Atascadero will contribute 13.300 towards accomplishing this activity. D. DESCRIPTION OF THE PROBLEM The battering of women is common: at least 1.8 million women are battered every year. It is the single major cause of injury to women, exceeding rapes, muggings and even auto accidents. According to a 1982 study, more than one-million women seek medical help for injuries caused by Mattering each year; 20% of trauma room visits by women are the result of battering. Why not just leave? Fear. Fear of loss of income, loss of shelter, loss of self-respect, fear of further abuse. Domestic violence shelters offer abused and resource-poor women an immediate alternative to abuse. Annually, more than a half a million women and children seek the safety and support of shelter programs. These programs offer shelter, food, counseling, and safety. They offer the abused woman the opportunity to regroup, to step out of a crisis situation, evaluate her resources and plan for the future. 1 C:\DON\COPDEV\PTAGPROP.WRC UUU()t<=S `EOPLE ELF HELP HQ' TEL No .805-5144-1901 Jan .?2 ,92 11 :39 P . 10 i i Ci of Atascadero Activity Description Form page 8 of 21 j Locally, as nationally, the demand for services for battered women and their families is increasing dramatically. In 1985 there were 14 reported instances of spousal abuse in San Luis Obispo County. In 1988 there were 316, a 23-fold increase over 1985. One-quarter of the victims served by the Victim/Witness Assistance program are related to domestic violence. Resources to support these programs, however, are limited. In some cases, such as the Emergency Shelter Program and Federal Emergency Shelter Program, domestic violence shelters and homeless shelters compete for the same limited funds. Most available funds are limited to operational expenses and do not permit capital acquisition. Most importantly, the funding expended upon housing costs (i.e., the lease), dramatically reduces operating income available for counseling and the other intensive services which are necessary to rebuild dysfunctional lives. The Women's Resource Center/Shelter of the North County compete in a tight rental housing market dominated by urban immigrants. Rents are astronomical and rising. The existing facility is not ideally situated; the rent is expensive and all living spaces are inadequate. The facility is overcrowded, housing an average of 7 women and children per night in a three bedroom dwelling. Last year, approximately twenty women and children had to be referred to shelters outside the city, and in some cases, • outside the County, due to the inadequate size of their current dwelling. Expansion of their emergency housing component or the addition of transitional housing must consider the long-standing problem of site stability and disproportionate use of operating funds for rental The B activity will nsider feasibility of purchasing location utilizing ownterest loan and/or grant funds. E. REASONABLENESS OF COSTS Reasonableness of cost is documented with a letter from People's Self-Help Housing Corporation, a local non-profit housing and community development corporation. PSHHC's letter estimates the cost; this cost is based on the successful experience of roviding similar services to the Women's Shelter Program, Inc., of the City of San Luis Obispo. F. PROPOSED TASKS/TIMEFRAME Complete 1 Submit CDBG Planning and Technical Assistance Application March 10, 1992 2. Award Announcement April 24, 1992 3. Fully Executed Grant Agreement (HCD/City) July 1, 1992 4. Focal Contracts Executed August 1, 1992 • qCitylPSHHC/WRC) September 1, 1992 5. Environmental Review C:\DON\COMDEV\PTAGPROP.WRC 00004'6 PEOPLE : ELF HELP HSG TEL Ido . 805-544-1901 Jan .2 ,92 1140 P . 11 Activity Description Form City of Atascadero Page 9 of 21 6. CDBG Program Activity Needs Assessment Resources Assessment Planning Review Site ID and evaluation Preliminary Report Site Negotiation/Purchase Agreement March, 1994 Preparation of Loan/Grant Applications for Acquisition and Rehab G. MAL PRODUCT The final product of the North County Women's Resource Center CDBG activity will be negotiation of an Option to Purchase Agreement on a permanent suitable site, and preparation of loan/grant applications for acquisition and rehabilitation of the property. I C:WON\CCWEV\PTAGPROP.NRC UU O()v 7 PEOPLE --.ELF HELP H =G TEL PJ8 -5144-1901 Jan .'22 . 92 11 :41 P . 12 N a N 0) N a c 4 0 O r4 . a l C V� C Vf � N x �P4 •r r " a41 41 C ,f-( a H V F' m N o 6-,q � c41 q � 4141o 4-1 "� �1 • UUUOOzs PEOPLE ELF HELP H.--G3 TEL PIo .805-544-1901 Jan . 22 .92 11 :42 P . 131 P � rr Z � Q o OO 4J 410 � E ' �o E+ a 0 > pN C 2 r s7 ro Ictm ± Rf A N r, 4) N Qas N as fr 'z° 'v 0 4 � N z 1 z4 SIC 41 0 0 Q i ,> .> u u H ro 4141 N aH o � 0 4 4 U + •� •� Z 'f N P•1 i-1 '� G�i► z u N M) N X > •U A � a0 > A to � ° 4J a41 u .c g v ^o > o ro •.� a41 a0va rzu0 a 'v v w H o V tr c •-+ o UUU(wq _ N ol z N c w Ori VY h N D 41 N of O •• 41 z m � v wN � vs o b v •rl 0 0 Od t~ v U l t!1 +Y 0 w 9 o► 04 U 4J 4J 4J b 00 Vf h 'v ar•1 a co � h u O of u, co 4j o N O A M H > N' 04 M E U Of o + N , �� C, A . W 41 �4 , g H u0 0' z H r N 4J Ln$4 U V). O N V1 rq 4J o � •� W •� ol N ''� 4 z U N r-N•I N h G H '� •� •� a aNi 0 o 4 z ro f+ z a v ofo N b a s G U r,'d � U 01 0 .,qrn A rf N a u N > ^N vy h > o ; z ani aNi o a) a w a a c N 4J .m 01 Coc) P-4i u Q a rsa ,•� v 41 � z , o r v o roa -o M � w u 41 V)- o cc O E4 aOa VY to w +1 — 00) w •- 0 00 0 W } a Q 0 0 b 0r4 O u aa)o NaU Ql ++ 10b v O N ° U C7 i� 3a b� W O N �� a•rl U 0 .-tel O � C7 Q) 4J C7 r0.4 c°v —mac p, U r-1 W v v � •rl CO r1 4- t o W 3 � •4 a E-+ ro 0 0 +j U v ca z = =m 0 41 R 4 w v w ri 0u b a v 9u ( ( 414 O A -- c� 4 v v mi v > a -r, v ae 0 o o •r+ N O 0 } 10 o b .o U > a E-4 o 04 v N m o�- -+-a v u cn • a v ++ o v v fa o x +1 a m } cn w o a a E-+ oUw _o CL Xo N o ci r♦ y 41 r� r'1 fp A U b v U W CT d' In O Z 000(1'-70 h � a • � N N N N O� M � a Lir O M 00 N N N N O O O O O O O N^ O M O O1 M N N N N N 0 0 hj M m N N N N 1•y 0 0 0 O M O it M R O� 01 e- W W o CD 0 0 O h� � M C E") D N co W N N N N > W G 0 c 0 ?. to O04 N ^ M W N N N N a H h N N N N ti N C% 01 rQ,' t aci E N c N O L m +- r_ c U) N - vi E ro ro c 'n > t O N \ n L t L, C Si rn W c L 07r u � w a a a u \ V) c - - �4 •r-1 U �4 'r1 U • m +0 n N 'd 41 'C1 1 b z d n d N F z kH 0 aU z kh 0 O+ w w O+ w Of w O E•+ ODU()'71 PageI a of z' STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT OF ASSURANCES • The City/GetMtr Of Atascadero hereby assures and certifies that: (a) It possesses legal authority to apply for the grant and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer or other designee to act in connection with the application and to provide such additional information as may be required. (c) It has or will comply with all citizen participation requirements, including: 1. Preparation of a written citizen 1articipation plan which includes, at minimum, the following components: a. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; b. Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by CDBG regulations, and relating to the actual use of funds under this title; C. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; d. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance,which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. This shall include one public meeting during the program design, annual performance report preparation, and formal amendments. A public hearing shall be conducted prior to application submittal; e. Solicits and provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and • V 000(1'72 f. Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non- English speaking residents can be reasonably expected to participate. (d) Its CDBG Program has been developed so as to primarily benefit targeted income persons and households, and each activity in the program meets one of the three national objectives; benefit to low and moderate income persons, elimination of slums and bligh�, or meets an urgent community need certified by the grantee as such. (e) It consents to assume the responsibilities for environmental review and decision- making in order to ensure compliance with NEPA by following the procedures for "recipients" of block grant funds as set forth in 24 CFR, Part 58, entitled "Environmental Review Procedures for Title I Community Development Block Grant Programs." Also included in this requirement is compliance with Executive Order 11988 relating to the evaluation of flood hazards, and Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. Law 93-234) regarding purchase of flood insurance, and the National Historic Preservation Act of 1966 (16 USC 470) and implementing regulations (36 CFR 800.8). (f) It consents to assume the role of either "Lead Agency" as defined by Section 21067 of the California Public Resources Code, or if another agency is or will be designated "Lead Agency," it consents to assume the role of "Responsible Agency" as defined by Section 21069 of the California Public Resources Code, in order to ensure compliance with CEQA. (g) If has resolved any audit findings or performance problems for prior CDBG grants awarded by the State. (h) It certifies that there is no plan, ordinance, or other measure in effect which directly • limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be rescinded before receiving funds, or it need not be rescinded because: L It imposes a moratorium on residential construction, to protect the health and safety, for a specified period of time which will end when the public health and safety is no longer jeopardized; or 2. It creates agricultural preserves under Chapter 7 (commencing with Section 51200) of Part 2 of Division 1 of Title 5 of the Government Code; or 3. It was adopted pursuant to a specific requirement of a state or multi-state board, agency, department, or commission; or 4. The applicant has a housing element which the Department of Housing and Community Development has found to be adequate, unless a final order has been issued by a court in which the court determined that it is not in compliance with Article 10.6 of Chapter 3 of Division 1 of Title 7 of the Government Code; or 5. The use of the funds applied for in this application is restricted for housing for the targeted income group. V 0001)'7;3 (i) It will comply with the regulations, policies, guidelines, and requirements of OMB Circular Numbers A-87, A-128, A-102 and A-121, where appropriate, and the State CDBG regulations. (j) It shall comply with the following regarding nondiscrimination: • 1. Title VI of the Civil Rights Act of 1964 (Pub. Law 88-352). 2. Title VIII of the Civil Rights Act of 1968 (Pub. Law 90-284) as amended; and will administer all programs and activities related to housing and community development in a manner affirmatively furthering fair housing. 3. Section 109 of the Housing and Community Development Act of 1974, as amended. 4. Section 3 of the Housing and Urban Development Act of 1968, as amended. 5. Executive Order 11246, as amended by Executive Orders 11375 and 12086. 6. Executive Order 11063, as amended by Executive Order 12259. 7. Section 504 of the Rehabilitation Act of 1973 (Pub. Law 93-112), as amended, and implementing regulations. 8. The Age Discrimination Act of 1975 (Pub. Law 94-135). 9. The prospective contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. (k) It will comply w;th the Federal Relocation Act (42 U.S.C. 4601 et SeMc., and interim rule 42 U.S.C. 5301 et sec .) and will certify that it is following a residential antidisplacement and relocation plan. (1) It will comply with the following regarding labor standards: 1. Section 110 of the Housing and Community Development Act of 1974, as amended. 2. Section 1720 et sec. of the California Labor Code regarding public works labor standards. 3. Davis-Bacon Act as amended (46 U.S.C. 276a) regarding prevailing wage rates. 4. Contract Work Hours and Safety Standards Act (40 USC 327-333) regarding overtime compensation. 5. Anti-Kickback Act of 1934 (18 USC 874) prohibiting "kickbacks" of wages in federally assisted construction activities. V 00001,71} (m) It will comply with the Architectural Barriers Act of 1968 (42 USC 4151) and implementing regulations (24 CFR Part 40-41). (n) It will enforce standards of conduct which govern the performance of its officers, employees, and agents engaged in the administration of contracts funded in whole or in part by the CDBG Program (Section 7120(d) of the State regulations). • (o) It will comply with the Hatch Act (5 USC 1501 et §eq.) regarding political activity of employees. (p) It will comply with the Lead-Based Paint Regulations (24 CFR Part 35) which prohibits the use of lead-based paint on projects funded by the program. (q) It will not employ, award contracts to, or otherwise engage the services of any contractor while that contractor is in a period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. (r) It will give HUD, the Comptroller General, the State Department of Housing and Community Development, or any of their authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. (s) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with CDBG funds by assessing properties owned and occupied by targeted income persons unless: (A) CDBG funds are used to pay the proportion of such assessment that relates to non-CDBG funding or; (B) for the purposes of assessing properties owned and occupied by targeted income persons who are not of the lowest targeted income group, it does not have sufficient CDBG funds to comply with the provisions of (A) above. (t) It will adopt and enforce policies 1) prohibiting the use of excessive force by its law enforcement agencies against individuals engaged in non-violent civil rights • demonstrations and 2) enforcing applicable State and local law against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstration within its jurisdiction. The certification is made under penalty of perjury under the laws of the State of California. CERTIFYING OFFICIAL: Ray Windsor , city Manager Print Name Date Signature V 000(1'7;) • January 17, 1992 City Atascadero 6500 Palma Avenue Atascadero, CA 93422 Attn: Henry Engen, Community Development Director Subject: CDBG Planning and Technical Assistance Application Dear Mr. Engen: This letter confirms Peoples' Self-Help Housing Corporation's (PSHHC) interest in carrying out the Women's Resource Center activity described in the City's 1992 CDBG application. PSHHC's successful relationship with the San Luis Obispo County Women's Shelter Program over the last two years gives us the experience necessary to help the Resource Center to accomplish the acquisition and financing of their shelter site. We estimate that to accomplish this objective, PSHHC would need to assign a professional staff person an average of 1/3 time over a 24-month period to assess the Women's Resource Center long-term financial/borrowing capacity, client need, evaluate City land use, zoning nd permit issues, identify and negotiate a site, and research and obtain funds for acquisition and/or rehabilitation of a suitable site. The cost of this staff person a 1/3 time basis over a 24-month period is estimated at $30,000. We appreciate City sponsorship of this CDBG application. The Women's Resource Center provides an important source of affordable housing to a most vulnerable population group. Sincerely, Scott Smith Director of Programs SS:dd • Peoples' Self-Help Housing Corp. 1411 Marsh Street, Suite 103 San Luis Obispo, California 93401 00011 Y` TEL: (805) 544-5717 FAX: (805) 544-1901 • CITIZEN PARTICIPATION PLAN The City shall provide opportunities for the participation of all persons who may be affected by the program, especially persons with incomes in the targeted income group. The opportunity to participate shall be available, at a minimum, during the following phases of the program: program design and preparation of the application; the preparation of the annual performance report required in Section 7110; the preparation of any program amendments which constitute a reallocation of more than ten percent (10%) of the total program budget; and the preparation of any program amendments which constitute change in policies, standards, or criteria for program implementation. A minimum of one public meeting is required at each of the program phases listed above. In addition, the City shall hold a minimum of one public hearing before the governing body of the jurisdiction prior to submitting the application to the Department. The City shall provide for public notice prior to each meeting and public hearing and shall make program information available to the public prior to these meetings and hearings. The City shall use standard legal and other forms of notice. • The City shall invite written comments on the proposed program and shall write a reply to any comments received. This written correspondence, if received, shall be maintained as a part of the public record. The Department will respond within thirty (30) days to all correspondence written directly to the Department regarding an applicant's program. Applicants shall maintain a file of documents relevant to their block grant program, including proposed activities and final application, minutes of public meetings and hearings,copies of public notices and performance reviews; these documents shall be available to the public during normal working hours. Citizens shall be provided full and timely access to program records and information in a manner consistent with applicable laws regarding personal privacy and obligations of confidentiality. • C:\DON\COMDEV\CTZPRTPN.GEN Uv�ll'r'J oQtt, `ya^,� � ti� P.O. BOX 2155 ATASCADCRO,CA 93,123 . (005) 461-1338 .0fSCURCE CES t9 REQ,n c 1991 December 19,1991 Honorable Mayor Shiers City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Mayor Shiers: This is a request for the City of Atascadero to assist with the acquisition of a permanent site for the North County Women's Shelter Program. There are funds available through the State Department of Housing and Community Development, Community Development Block Grant Program to be used for the purchase and rehabilitation of sites to shelter the homeless and • displaced population. Our clients are considered displaced because of crimes and therefore the North County Women's Shelter qualifies for these funds. Non-profit agencies are not allowed to apply for the grants. Municipalities may apply, purchase the property and then transfer title to the agency that operates the shelter program. We are asking the City of Atascadero to apply for the grant. Several factors lead us. ;to believe that .this is the time to start the pro- cess. Some of the factors are: - CDBG has funding available - the process is very lengthy - State cut-backs may eliminate funding for shelter rent payments within the next few years - the cost of property is considerably lower than it has been during the the past 4-5 years - two local banks have offered to help us find a suitable site at a reasonable price Thank you in advance for your assistance. If you have any questions, do not hesitate to call me at 461-1338. Sic� Barbara MacGre o ��✓ • g Executive Director MEETING AGENDA DATE i j2R/a2 ITEM#n-9r__Ta__R_.r_ San Luis Obispo Area Coordinating Council Arroyo tes ane o • Grover City Morro Bay and Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo San Luis Obispo County December 10, 1991 Ray Windsor City Administrator City of Atascadero 6500 Palma Ave. Atascadero, CA. 93422 Subject: Discussion of formation of a Solid Waste Management Joint Powers Authority, and the designation of the Area Council as the local Metropolitan Planning Organization, and Congestion Management Agency- Dear Ray; The San Luis Obispo Area Coordinating Council directed our staff to schedule time before the governing board of each member jurisdiction for the purpose of discussing the issues involved with the formation of a Solid Waste Management Joint Powders Authority to acccutplish the goals established to meet the demands of AB 939 (Sher) , as well as, present a resolution designating the Area Coordinating Council as the Metropolitan Planning Organization and Congestion Management Agency for San Luis Obispo County as required by the recent designation of our area as an urban County. Please examine your agency's calendar for a convenient time when these items could be discussed during the month of January. We anticipate the time needed to address these three issues and allow for questions and discussion to be at least 1 hour. We will be providing background information for your agenda packet and can provide that information in accordance with your circulation deadlines. We would also be happy to meet with you in advance of the meeting to discuss the nature and content of our presentation. Please give Steve Devencenzi a call at 549-4662 to coordinate the date and time that would work best for you. Thank you. Sincerely, x-A.G t; Ronald L. DeCarli � tecutive Director 000(1' 0 County Government Center, San Luis Obispo, CA 93408 (805) 549-5612 San Luis Obispo Area Coordinating Council ArroyyooscaGradnde Aterc Grover City Morro Bay rand Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo - San Luis Obispo County DATE: JANUARY 2, 1992 TO: GOVE04ING BOARDS, SAN LUIS OBISPO CITIES AND COUNTY FROM: RON DeCARLI, SAN LUIS OBISPO AREA COORDINATING COUNCIL EXEOUTIVE DIRECIOR SUBJ: * F 1MR ATION OF A JPA FOR SOLID WASTE MANAGEMERr; * ADOPTION OF A RESOLUTION IN SUPPORT OF = DESIGNATION OF THE SAN LUIS OBISPO COUNTY AREA AS A RDCYCL1NG MARKET DEVEfJOPN E Tr ZONE; * DESIGNATION OF = AREA COUNCIL AS = METROPOLITAN PLANNING ORGANIZATION (MPO) FOR SAN LUIS OBISPO ax NTY; * AND, DESIGNATION OF THE AREA COUNCIL AS MX CONGESTION MANAGEMERr AGENCY (CMN) FOR SAN IDIS OBISPO COUNTY. SUMMARY The attached staff reports describe these three issues in detail. Each item should be discussed as separate issues. t * The issue of the formulation of a Joint Powers Agreement for Solid Waste Management is presented as a discussion item in order to allow your input prior to drafting a document for consideration by the affected agencies. TY3e Draft Source Reduction and Recycling Elements as well as the need to develop Household Hazardous Waste Elements and Solid Waste Facility Siting Elements are anticipated to result in the need for a regional effort to effectively accomplish these Pte. * The adaption of a resolution in support of the designation of the San Luis Obispo region as a Recycling Market Development Zone. This State program offers inoentives to businesses that produce and/or utilize recycled materials as feedstock in the manufacture of products. * The need for designation of an Metropolitan Planning Organization (MPO) is the result of the 1990 Census, which showed that the City of San Iuis Obispo and the un=aorporated area around the City has a papulation of over 50,000 and is now classified as an Urbanized Area. Mie MPO status is a federally required designation. The appointment of the Area Council as the MPO for the region is primarily justified by the fact that it has been the Regional Transportation Agency for many years. The responsibilities of the MPO are a direct extension of these functions. * Also due to the Urbanized Area classification is the requirement to establish a Congestion Manag®merit AgMW (CMA) and prepare a congestion Management Plan (Qmp) . me C!A and QMP requirements are state mandated. It is anticipated that the entire cost of carrying out the responsibilities of the MPO and CMN will be paid for with Federal Planning and grant funds. 000080 County Government Center, San Luis Obispo, CA 93408 (805) 549-5612 San Luis Obispo Area Coordinating Council Arroyo oGrradnd o Grover City Morro Bay rand Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo - San Luis Obispo County TO: GOVERNING BOARDS, SAN LUIS OBISPO CITIES AND COUNTY FROM: STEVE DEVENCENZI, AREA OOORDINA!TIM COUNCIL STAFF DATE: JANUARY 1992 SUBJ=: ORGANIZATION PROPOSAL - INITGRAM WASPS MANAGEr�EIJT ALTPHORITY RE7CHMENDATION: Provide direction on the desired level of involvement, appropriate functions, and powers that your jurisdiction would support for an Integrated Waste Management Agency to be formed in San Luis Obispo County. SLPq ARY: The functions and activities required of cities and counties to attain the state mandated goals of a 25% reduction in the waste stream by 1995 and a 50% reduction by the year 2000, combined with hazardous waste requirements and the need to site and permit new landfill capacity, gives rise to the proposal by the Solid Waste Task Force to create an "Authority" for the purpose of managing a comprehensive approach to these issues in San Luis Obispo County. The Solid Waste Task Force and the Area Council are seeking the input of each of the member jurisdictions in evaluating this issue and developing a structure for the proposed organization. DISCUSSION• The proposed Source Reduction and Recyclinu Elements (STU Es) , the upccm ng Household Hazardous Waste Element (HHWE) and Countywide Siting Element CSE will require the development of a new approach to the style and organization of waste management systems. The Solid Waste Task Force (SWPF) has ermined this issue and is recommending the establishment of a Joint Powers Authority (JPA) , through a joint powers agreement process, to manage and implement programs to acccupli.sh the goals, objectives and Policies contained in the SRREs, as well as the programs and facilities that will be waning forward regarding hazardous wastes and facility siting. The regulatory climate developing at the state and local levels, combined with increasing environmental awareness, and privatizing of essential public services, is reflective of needed fundamental changes in the institutional organization and control of solid waste service delivery. Recycling and ccaposting requirements present an opportunity to capture materials formerly considered to be waste products and turn thew into resources that benefit the community and environment. This process will lead to job generation and the more efficient use of energy and materials, as well as, reducing pollution and the avoidance of unnecessary landfilling activity. 000(1N 1 � County Government Center, San Luis Obispo, CA 93408 (805) 549-5612 .� These changes are resulting in a significant evolution of solid waste systems. The industry is being viewed increasingly as a utility rather • than just a competitive industry. Collecting, processing, czmposting and marketing of disposed materials, along with the safe disposal of residues with no economic value or use, is an essential utility central to the public health, safety and welfare. This view places solid waste in a context that is much the same as water, sewer, electrical, natural gas, or telecommunication services. If we are to consider these services as utilities, and by definition utilities are natural monopolies, it will require the development of appropriate public organizational and regulatory structures to ensure that public demands are met, that service is adequate, and that rates are reasonable and appropriate. The need for the proposed organizational structure is based on the recognition that a cooperative countywide effort is the most economical and practical approach to accomplish the goals of the plans under consideration. The SWI'F examined three basic structures for the proposed organization: Lead Agency - one existing jurisdiction managing the system Joint Powers Authority - a multiple agency consortium District - the formation of a Sanitary or Special District In evaluating these alternatives the SWPF determined that; * A lead agency approach does not allow adequate participation by the affected agencies. * A district would have fund-raising advantages and greater authority to initiate and control programs and projects. However, the loss of local control, the need to conduct elections and obtain state legislative action to create a district to meet our particular needs was considered an approach that was not workable at this time. * I ie SWI'F has the formation of a Joint Powers Authority to plan and manage the proposed regional solid waste programs. This is based on the ability to have all jurisdictions represented on an Authority Board, the existence of a working model for this type of organization thru the Area Council and the SWIF, and the ability to create a Joint Powers Agreement that is shaped to meet the particular needs we define. The current structure of solid waste management systems in San Luis Obispo County are not organized in a coherent system. Each jurisdiction has individual contracts for waste collection and/or recycling (although some efforts have been made by Arroyo Grande, Pismo Beach and Grover City to coordinate on these issues recently) . The County is responsible for landfill sites (with the exception of Paso Robles) , and rates and services vary considerably from jurisdiction to jurisdiction for waste collection, recycling, commercial accounts, etc. Zhere is a need to begin looking ahead and developing a long term comprehensive strategy. This has been brought to the fare with the adaption of the Integrated Waste Management Act of 1989 (AB 939 Sher) . This legislation requires the development of Source Reduction and Recycling Elements (SRREs) , Household Hazardous Waste Elements (MM) , • Countywide Siting Elements (CSE) and a Countywide Integrated Waste Management Plan (CoIVNP) . 000002 • The following excerpts from the Government Code allow the formation of a JPA for the purposes of waste management activities. Public Resources Code Section 41823 states in part: "A city or county may enter into a memorandum of understanding with another city, county, regional planning agency, agency formed under a joint exercise of powers agreement, or district established to manage solid waste for the purpose of preparing and inclement-;M source reduction and recycling elements, household hazardous waste elements, or a countywide integrated waste management plan.,, Gower mvent Code Section 6500 et seq. authorizes the formation of entities where agencies possess common powers that they wish to exercise jointly. In this respect, section 6502 provides, in part, as follows: "If authorized by their legislative or governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties . . . "It shall not be necessary that any power cmmion to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised. ." Sections 6507 and 6508 go on to permit formation of a separate agency pursuant to such an agreement, with the power to hire employees and to contract for services. The cities and county possess the necessary common powers to form a JPA for both planning and implementing waste management plans and programs. However, it should be noted that the ultimate responsibility and liability for preparation and implementation of any such plan would remain with the cities and county whether or not a joint powers authority were formed. Discussions regarding needed legislative changes to AB 939 have identified the issue of regionalized and/or shared liability, facilities, accounting and materials tracking as areas that warrant modification. These issues will be proposed for inclusion in the SMACC legislative program. The decision of the cities and County to work together through the Area Council to prepare the SM;UEs was a major step toward developing an approach that begins to pull the individual efforts of the separate jurisdictions together in a fashion. This approach has allowed for the formulation of the SMIEs in a manner that will result in documents that provide for similar programs in each coana mitt' and plans that are highly compatible that will easily be shaped into the required Countywide Integrated Plan (CoIW) . It is anticipated that the MWE will be developed for each jurisdiction in the same manner, with the goal of a single consistent and comprehensible program for all residents of the 000()N3 The SWI'F recognizes that our county has distinct waste sheds that need to • operate independently for the most part. The need and ability to address certain issues such as: public awareness, source reduction, technical assistance, regulatory programs, economic incentives, market development, joint purchase pools, household hazardous wastes, and other programs and facilities such as material recovery facilities (MRF) and composting facilities; can be developed and managed at a regional level more economically and efficiently than when approached on an individual basis. The Area Council currently is involved with policy development and planning for these concerns. The question at this point is whether the desire is to place functions such as: * program inplementation, * systems management, * and facilities implementation under the direction of a joint powers agreement, a district or lead agency. In addition, the various powers ascribed to the proposed organization will have to be determined. These powders might include all or some of the following: * Countywide Contract Administration * Countywide Waste Flow Control * Countywide Rate Setting * Coordinated Plan Implementation . * Countywide Market Development & Marketing of Recyclables * Operations * Assumption of Public Ordinance Power * ming * Landfill Development The purpose of this issue before each of the jurisdictions in the county at this time is to obtain feedback from the governing body of each agency as to what level of involvement and style of organization will receive support. The SWrF has directed their subcommittee on this issue to develop their recommended organizational doc units to be brought back before the SWrF, Area Council and ultimately each jurisdiction for adoption. The cananittee, Area Council, and SWrF want your input to allow this issue to move forward with a clear sense of what is supported and desired within each camunity. 00000'} z z z ( ) • ow 0ow J U U _j U � -1 U - JZ) - 0 D - J cl) o 2 0 2 0 Q F °- CE � > > D Z 0 m w � w i N -1 0 = � u ir oQ z � U w oY zw Q z c~n p Q 0 w < ~ U 0 0 w o 0 z 0 � �- w U w Cn o U m m w om U) ow °m U) o 0 Q ° Q Q cn z v �- c CL Q Cn Q Cl) W 0 c � • w < o � z cn Q (f) Q 0000wi w Q c 9 O m4J ) q U O °� • O x to a : a� v o u 4) ooh Ei ZirL `i r1 d Cd PU qu OV4 :s, W 1 � o 0 lu 4u 0 .,r Cd 0 o >:: v � { lua. Sri. �ti v cnU�Utn� 000()N6 • •� 00 4 4J t1� 4� •agP4 0 o 0 414 b v a a� A 4 a� bb 0. 000OS,7 U • O •O �" O a A a� v o � � 4J 0 a p, 1QQ a V C13 � a V � O a Q `4-A4-A Cd 000ONg 7i � a:< +' a � a. N v Cd 0 Cd to H o : 04 :. .- �, a o GQ 074 O � . •p,, v Q4 Q ° o °a : : SA OOOOS9 ,- a = o ca '13 o M 'C7 M a j w � r V U1 7� o 4j 0 U +' a 00 s o o 4� V O rA Cdm o4J Z3 . . to �° cd Q p a) '� 4� P4 0 a :3 o � � ci • V v;. � o al U � o Cd 4-a O' > 0 0 a :. O U t� A W 4 W bo m o 3CIS o ,v U Cd O 'C O 4bp dd vq tea, cd qq os o ago i -a 0 +� U U V1 +J O 1 T. • U rv.+� O O cti � O O 0000..90 San Luis Obispo Area Coordinating Council ArroyoGrande Grover City Morro Bay `W and Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo - San Luis Obispo County TO: GOvamm BOARDS, SAN LUIS OBISPO CITIES AND MWY FRCM: STEVE DEVENCENZI DATE: JANUARY 1992 SUBJ: RESOLUTION IN SUPPORT OF THE OF A RBCYCLIM MARKED DEVECDPMERr ZONE FOR SAN IDIS OBISPO COUNTY The Solid Waste Task Force (SWrF) is proposing that the Cities and County of San Luis Obispo join in the submittal of an application for the designation of a Recycling Market Development Zone (MDZ) in our county. This application process requires resolutions of support from all jurisdictions participating in the proposed zone. The zone designation will provide for state support in the establishment of business activities that utilize and manufacture products that have a recycled materials content. Area Council Staff will present additional information on the proposed zones to your governing board when this item is scheduled for consideration. We feel the opportunity for designation as a MZ would be of benefit to all jurisdictions and should be pursued at this time. An ad-hoc committee is being formed to Clete the application package and will keep your staff informed of their progress thru the SWrF and Area Council. 000091 County Government Center, San Luis Obispo, CA 93408 (805) 549-5612 RESOLUTION NO. 04-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO • IN SUPPORT OF THE ESTABLISHMENT OF A COUNTYWIDE RECYCLING AND MARKET DEVELOPMENT ZONE WHEREAS, AB939 (Sher) requires that each city and county reduce the waste stream by 25% by 1995, and by 50% by the year 2000; and WHEREAS, Recycling and market development are key activities in developing an action plan to successfully accomplish the statu- torily required solid waste diversions; and WHEREAS, The State of California has established a program under Title 14, Chapter 4, Resource Conservation Programs, Article 1. Market Development Programs that provides for the establishment of Recycling Market Development Zones; and WHEREAS, The City of Atascadero desires establishment of such a zone in San Luis Obispo County; and WHEREAS, The City of Atascadero finds that current waste man- agement practices and conditions are favorable to development of postconsumer waste material markets; and WHEREAS, The City of Atascadero finds that the designation as • a Recycling Market Development Zone is necessary in order to assist in attracting private sector recycling investments to the area. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero does hereby support the application for and development of a Market Development Zone for the cities and County of San Luis Obispo and will complete actions stated in the City-approved application which apply to the City of Atascadero. On motion by Councilmember , seconded by Council- member , the foregoing resolution is hereby adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: City of Atascadero • LEE RABOIN, City Clerk By: ALDEN F. SHIERS, Mayor 000092 RESOLUTION NO. 04-92 • Page Two APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER R. MONTANDON, City Attorney RAY WINDSOR, City Manager • • ODU()U3 MARKET' DEVELOPMENT ZONE APPLICATION CONTENTS 1. Names) and addresses) of the applicant or applicants, and • 2. The name, address, and phone number of the zone administrator, and 3. The location of the proms zone, as follows: * A narrative description of the zone's boundaries arra location within the State. * On a street map, clearly identify the boundaries of the zone. * A copy of the Existing General Zoning and Land Use Maps for the zone area and the area immediately surrounding it. clearly identifying the boundaries of the zone on this map, and 4. Letters of support and commitment fram all cities, counties, agencies, organizations, financial institutions, and businesses, including all waste haulers, which have been identified as zone participants, and 5. A resolution frac. each governing body having jurisdiction over any portion of a proposed zone that hakes the following findings: * The current waste management practices and conditions are favorable to development of postconsumer waste material markets. * The designation as a recycling market development zone is necessary in order to assist in attracting private sector recycling investments to the area. 6. A detailed recycling market development plan that must include the following: • * An analysis of how the zone will supply the necessary feedstock to support the number and types of businesses planned for development within the zone. * A marketing plan that describes how the zones will attract new, and eland existing, businesses. * A description of the funding arxi organizational structure of the proposed zone. * A description of the incentives the local governments plan to offer to businesses in the proposed zone. * A description of the financial support that will be available to businesses in the proposed zone. * An analysis as to whether the available or planned public works system will be able to support the zone. * A description of the real property and buildings available in the zone for market development purposes. STATEWME RECYCLING MARKET DEVELOPM DU OBJECTIVES for the FIRST DESIGNATION CYCLE Applications will be evaluated and soared based upon how well they fulfill the following objectives. * Tb select Zones that have the greatest regional effect and distribute them geographically to stimulate statewide market development. * Tb select Zones that promote the use of innovative recycling technologies and utilize secondary materials to manufacture and produce value added products. * Tb select Zones that extern regional landfill capacity. . 000(194 • AN ECONOMIC DEVELOPMENT FINANCING SYSTEM TO CREATE MARKETS FOR RECYCLED MATERIALS GOALS OF THE EDF SYSTEM: • Solving our solid waste problems without throwing a lot of public money at them • Stimulating private sector investment in companies which can substitute recycled material for virgin material in manufacturing either existing products or new products • -Using SBA loan guarantees and subordinated loans to bring banks and companies together for their mutual benefit and to accomplish a public purpose FUNCTIONS OF THE PUBLIC SECTOR IN THE EDF SYSTEM: • Marketing • Getting community support Getting the banks interested Creating a flow of deals • Screening Making sure the loan purpose is eligible Making sure we're working with a good company and a feasible project Making sure the project fits into regional solid waste plans • Packaging Preliminary reviews with bank Assembling paperwork • Negotiating and Closing Monitoring approval process Securing additional documentation • Restructuring terms to solve problems 000()45 OUTLINE FOR RECYCLING AND MARKET DEVELOPMENT PROGRAMS • 1. LOCAL MAR= FACTORS * Define local markets * Determine how collection and processing methods effect material quality and marketability * Change of focus from program-driven approach to market-driven approach * Allow markets to dictate methods of collection and processing 2. DEVELOP UNKAGES BEIWEEN RECYC MC, LOCAL COMMUNITY EOONONIIC DEVELOPMEN37 BUSINESS REMMON AND EXPANSION * Inventory local businesses to catalogue activities and resources * Establish by ordinance that all business license renewals, building permits, and new development proposals require proof of waste collection specifications that include recyclable collection and appropriate facilities to aocadate handling and storage. 3. REVIEW EXISTING AGREIIETS: PREPARE FOR FLTAM NDGOTIATIONS * Define appropriate areas of concern * Review collection and disposal contracts, rate structures, solid waste facility permits, and ordinances to identify changes needed to encourage both market development and community economic development * Utilize the jurisdiction's power to negotiate 4 UTILIZE COORDIM&TING BODY TO INTEGRATE GOALS INVOLVLiG:_ LOCAL GOVERNMI~rtT/ PIANNERS/ ECONOMIC DEVELOPMENT PROFESSIONALS/ AND THE BUSINESS CCMMUNITY * Develop specific market development goals and objectives * Create a local Recycling Business and Market Development Advisory Board to assist in the establishment of the market development programs * Establish aggressive local procurement policies and encourage this as a model for local businesses 5. ENCOURAGE MARKET DEVELOPNEUr TIMM I=L BUSINESS OPPORTUNITY * Encourage diversity of applications for small and nonprofit businesses for collection, materials reuse, processing, and sale of recyclable materials * Conduct aggressive outreach to small, minority-awned and non-profit businesses currently involved in recycling activities for inclusion in RFP and contract negotiation processes. * Conduct aggressive outreach to businesses and large generators of waste to encourage waste reduction, reuse strategies, and procurement policies. * Assist in obtaining funding and finance opportunities for business expansion and development in recycling activities. 6. COORDINATE REGIONAL MARKET DEVEIAPNIFNr STRATEGIES * Maintain a regional program and perspective * Coordinate market development actions to benefit all jurisdictions * Investigate cooperative marketing arrangements • * Identify regional market needs * Provide assistance in planning manufacturing facilities * Establish regional materials exchange program 000096 SAN LUIS OBISPO AREA COORDINATING COUNCIL STAFF REPORT MEETING DATE:.. XX SUBJECT: URBANIZED COUNTY DESIGNATION' SUMMARY The Area Council has long been designated the Regional Transportation Planning Agency for the County. As a result of San Luis Obispo City and an adjacent contiguous unincorporated area exceeding a population of 50,000, the county is now defined as urbanized and must meet more rigorous State and Federal planning requirements, in order to receive State and Federal transportation funding. A Metropolitan Planning Organization (MPO) must be formed to assume these transportation planning and programming responsibilities. No action would result in the loss of all existing and prospective federal state and local transportation revenues to the region and all local jurisdictions. RECOMMENDATION The San Luis Obispo Area Coordinating Council on December 4th unanimously supported • designating itself as the MPO for the region and directed staff to distribute draft staff reports and resolutions to all jurisdictions soliciting their support to designate the Area Council as the MPO for the region for transportation purposes. DISCUSSION The county is now defined as an Urban County, which requires the designation of a Metropolitan Planning Organization (MPO) to comply with State and Federal requirements for a specked continuing, cooperative, and comprehensive transportation planning process. Contacts with the U.S. Census have noted that the urbanized status designation, for all intents and purposes, is final. Local participation is neither invited nor required; nor has any such designation ever been revoked. As a result of this finding,the Governor is required by Federal Law to designate an MPO to meet federal planning and programming requirements. In general this results in some additional requirements above and beyond those presently conducted by the Area Council acting as the RTPA for the region. Unless further requested, the Governor would designate the existing RTPA as the MPO for the county. There does not appear to be any other organization that could assume these responsibilities in San Luis Obispo County. Benefits and Requirements. The following identifies the major benefits and requirements associated with becoming an Urban • County as they affect transportation funding, planning and programming. 1 000()97 Funding. 1. San Luis Obispo City will change from an Urban Mass Transportation Assistance (UMTA) Section 18 potential rural grant recipient to an UMTA Section 9 urban recipient. This change entitles the City to $300,000 to $600,000 annually in Section 9 funds (exact amount to be determined based upon the new federal Transportation Act). This change will also benefit all other jurisdictions by eliminating SLO City as an eligible UMTA Section 18 grant recipient. 2. The Area Council will become eligible for$140,000 to$280,000 per year in additional federal planning funds (Amount to be determined based upon the new federal Transportation Act). This funding is earmarked to the MPO to fulfill federally approved work programs required to meet state and federal planning and programming requirements. This funding is expected to be sufficient to meet all additional state and federal planning requirements and hopefully reduce the amount of local TDA funds presently used for these purposes. 3. The Area Council will become eligible for apportioned UMTA Section 8 funding for transit planning in the amount of $20,000 to $30,000 annually. Presently the Area Council must compete statewide for such funding and typically receives between $10,000 to $15,000 annually. 4. All jurisdictions are now eligible for a new source of state funding, Transportation Systems Management funding. This funding is allocated annually by Caltrans on a competitive basis for low-cost "system improvements" such as street and road channelization, traffic signals, etc. To be eligible for such funding all projects must be Garived from an approved countywide Congestion Management Plan (a new requirement discussed below). Planning and Programming. 5. Federal law requires designation of a Metropolitan Planning Organization to fulfill additional Sate and Federal transportation planning and programming responsibilities. These include developing continuous, comprehensive and cooperative intergovernmental planning and programming process. This process is currently undertaken by the Area Council acting as the RTPA for the region. 6. An Overall Work Program (OWP) and budget must be prepared identifying all tasks, products, manpower and schedules for the upcoming fiscal year in conformance with State and Federal guidelines and requirements. To be eligible for any funding in FY 92/93 the OWP must be submitted by February 15, 1992. The OWPs and budgets are presently developed to largely satisfy these requirements. 7. All federal transportation funding must now be included in a Transportation Improvement Program (TIP), including highway projects, UMTA transit grants, and Federal Aid Urban (FAU), Federal Aid Secondary(FAS) and Combined Road Program (CRP)funds. Previously, all these funds were requested through a variety of means independent of one another. These fund requests must now be requested concurrently in a comprehensive capital improvement program. 2 000098 • Highway Funding. Previously, the Area Council legally responded to projects proposed by Caltrans. As a result of MPO designation this process is reversed for certain categories of funding, and Caltrans must now respond to recommendations made by the Area Council. All jurisdictions are also entitled to a new source of funding for Transportation System Management (TSM) projects Transit Grants. Previously,all transit grants were reviewed, prioritized,and approved annually by the Area Council. As an MPO, such grants would have to be considered concurrently with all street, road and highway projects in the TIP. Combined Road Program Funds. Previously these funds were allocated annually by an CRP Committee consisting of the Engineers of each jurisdiction. As an MPO, all CRP projects must be in the TIP which would be approved by the MPO governing board. The CRP Committee could remain as an advisory body. The final outcome of these funds and the committee is subject to the new federal Surface Transportation Act (information is currently not available). 8. Federal law requires that the Transportation Improvement Program(TIP) be in conformity with the State Implementation Plan (SIP), as required by the Federal Clean Air Act. Recent court cases have required a quantitative rather than qualitative analysis, resulting in the need to prepare a comprehensive traffic/air quality emission model, to certify all transportation projects will not adversely affect attainment of Federal clean air standards. This is a significant new requirement. The national Environmental Protection Agency (EPA) is drafting implementing regulations. It is unclear at this time what kind of review process would be required for counties such as SLO that currently meets federal clean air standards. Administrative. 9. In addition to OWP and budgetary requirements, federal law also necessitates that the prospective MPO's accounting and budgetary system complies with all Federal requirements. Additionally, an Indirect Cost Negotiation Agreement must be executed between the Federal Highway Administration (FHWA) in order to charge indirect costs to Federal Planning funds. 10. A Memorandum of Understanding (MOU) must be executed between the proposed MPO and Caltrans outlining new roles and responsibilities. 11. Finally, a Disadvantaged,Women, and Veterans Business Enterprise Plan and goals must be submitted if the MPO intends to use Federal Planning funds to contract for services. Other Programs. Achieving urban county status also affects regional housing programs in that the City of San Luis Obispo will be eligible for "entitlement" status under the federal Department of Housing and Urban Development's regulations. This will allow the city to receive direct annual grants from the Community Development Block Grant (CDBG) Program, rather than requiring it to compete with other rural cities and counties in the state for grants. The region's health system is also assisted since urbanized status provides for increases in the eligibility of the area for urbanized health program funding. The designation of the Area Council as the MPO would have no effect on non-transportation related programs. 3 OUOO!4y ALTERNATIVES • Several alternative actions are available for consideration, including: no action; delay designation of the Area Council as the MPO and CMA; or designation of another organization as the MPO. As noted below, the costs and risks are too high to delay an action or designate any agency other than the Area Council as the MPO. No action - Choosing this alternative would result in the region being ineligible to receive $140,000+in Federal transportation planning(PL)funding,and another$20,000+in UMTAtransit funding, and SLO City being ineligible to receive over$300,000 in transit. It may also jeopardize all other local, state and federal and funding since we would not have a comprehensive planning process consistent with state and federal law. Local funds consist of TDA funds in excess of$4.5 million per year, and CRP (formerly FAU &FAS) in excess of$2 million per year, and funding for major highway projects. Delay Action - To be eligible for any Federal funding in the upcoming fiscal year (FY 92/93), Federal law requires submittal of an approved Overall Work Program (OWP), consistent with Federal standards, to be submitted to the State and FHWA by February 15th, 1992. A one year delay would also not allow sufficient time to complete a Congestion Management Program,which is required to be complete by December, 1994 to be able to request additional State highway projects in the STIP and for all jurisdictions in the region to receive the increased gas tax revenue authorized by AB471 (1990). Designate the Area Council as the MPO - The Area Council is he designated Council of Governments (COG) and Regional Transportation Planning Agency (RTPA) for the county. It develops an annual Overall Work Program (OWP) and budget for transportation planning,carries out a regional transportation planning process, and develops a Regional Transportation Plan (RTP),in compliance with State requirements that are substantially similar to Federal requirements. The jurisdictions could create another agency for these purposes and split responsibilities with the Area Council, but this would result in duplication of work and funding. Caltrans has indicated that it would oppose designation of any organization other than the Area Council. Staff Report Prepared by Ronald De Carli, Executive Director San Luis Obispo Area Coordinating Council 4 • 000100 RESOLUTION NO. 05-92 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING DESIGNATION OF THE SAN LUIS OBISPO AREA COORDINATING COUNCIL AS THE METROPOLITAN PLANNING ORGANIZATION FOR SAN LUIS OBISPO COUNTY WHEREAS, As a result of the 1990 census, San Luis Obispo Coun- ty now contains an urbanized area with a population of more than 50,000, which requires establishment of a Metropolitan Planning Organization (MPO) ; and WHEREAS, The San Luis Obispo Area Coordinating Council (here- inafter known as the Area Council) is the designated Regional Transportation Planning Agency (RTPA) for the San Luis Obispo region; and WHEREAS, Area Council delegates include the five members of the County Board of Supervisors and an elected official from each of the seven incorporated cities in the county; and WHEREAS, As the Metropolitan Planning Organization (MPO) , the Area Council will be eligible to receive Federal funds which can be used for various regional transportation planning purposes; and • WHEREAS, It is in the best interest of the County of San Luis Obispo that the Area Council be designated the Metropolitan Plan- ning Organization (MPO) for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero does hereby support the formal designation of the Area Council as the Metropolitan Planning Organization (MPO) for San Luis Obispo County. On motion by Councilmember seconded by Council- member , the foregoing resolution is hereby adopted on the following roll-call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: City of Atascadero LEE RABOIN, City Clerk By: ALDEN F. SHIERS Mayor 000101 RESOLUTION NO. 05-92 Page Two • APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER R. MONTANDON, City Attorney RAY WINDSOR, City Manager • 000102 • SAN LUIS OBISPO AREA COORDINATING COUNCIL STAFF REPORT MEETING DATE. SUBJECT:: DESIGNATION OF. AREA COUNCIL AS:THE CONGESTION MANAGEMENT''AGENCY (CMA)' FOR THE REGION .. .. SUMMARY As a result of the passage in 1989 of AB471 every county that includes an urbanized area (an area with more than 50,000 people) is required to establish a Congestion Management Agency (CMA)and develop,adopt and annually update a Congestion Management Program(CMP)which includes every city and the county. Any county that has an urbanized area identified in the 1990 census, as was San Luis Obispo County, is required to prepare a CMP. State law requires that the program be developed in consultation with, and with the cooperation of, the transportation planning agency, regional transportation providers, local governments, Caltrans, and the air pollution control district. The CMP can be prepared either by a county transportation commission, or by another • public agency, as designated by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. DISCUSSION In approving AB471 the California Legislature found and declared the following: 1. Although California's economy is critically dependent upon transportation, its current transportation system relies primarily upon a street and highway system designed to accommodate far fewer vehicles than are currently using the system. 2. California's transportation system is characterized by fragmented planning, both among jurisdictions involved and among the means of available transport. 3. The lack of an integrated system and the increase in the number of vehicles are causing traffic congestion that each day results in hours lost in traffic, tons of pollutants released in the air we breath, and millions of dollars of added costs to the motoring public. 4. To keep California moving, all methods and means of transport between major destinations must be coordinated to connect our vital economic and population centers. • 1 t3UU3.0 3 5. In order to develop the California economy to its full potential, it is intended that federal, state, . and local agencies join with transit districts, business, private and environmental interests to develop and implement comprehensive strategies needed to develop appropriate responses to transportation needs. By state law the Congestion Management Program shall contain five primary elements, including: 1. Traffic level of service standards established for a system of highways and roadways designated by the CMA. The system shall include at a minimum all state highways and principal arterials. No highway or roadway designated as part of the system shall be removed from the system, and all new state highways or principal arterials must be added to the system. Level of service shall be measured by Circular 212, the Highway Capacity Manual (HCM), or by a uniform methodology consistent with the HCM. 2. Transit standards established for the frequency and routing of public transit, and for the coordination of transit service provided by separate operators. 3. Atrip reduction and travel demand elementthat promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, and park-and-ride lots; improvements in the balance between jobs and housing; and other strategies, including flexible work hours and parking management programs. 4. A program to analyze the impacts of land use decisions made by local jurisdictions on regional transportation systems,including an estimate of the costs associated with mitigating those impacts. In no case shall the program include an estimate of the costs of mitigating the impacts of interregional travel. The program shall provide credit for local and private contributions to improvements to the regional transportation systems. 5. A seven-year capital improvement program to maintain or improve the traffic level of service and transit performance standards, and to mitigate regional transportation impacts, which conforms to transportation related vehicle emissions air quality mitigation measures. Traffic Modeling-The state law further requires that the Congestion Management Agency(CMA) develop, in consultation with the regional agency, cities, and the county, a uniform data base on traffic impacts for use in a countywide transportation computer model and shall approve transportation computer models of speck areas within the county that will be used by local jurisdictions to determine the quantitative impacts of development on the circulation system that are based on the countywide model and standardized modeling assumptions and conventions. The computer models and data bases shall be consistent with the modeling methodology and data bases adopted by the regional planning agency. Regional Agency Review - Congestion management programs shall be submitted to the Regional Transportation Planning Agency (RTPA), which shall evaluate the consistency between the program and the Regional Transportation Plan (RTP). The RTPA shall, upon finding that the CMP is consistent, incorporate the program into the Regional Transportation Improvement Program (RTIP). If the RTPA finds that the program is inconsistent, it may exclude any project in the CMP from inclusion in the RTIP. • 2 0001011 • Monitoring of Implementation-The CMA shall monitor the implementation of all elements of the CMP. Annually, the agency shall determine if the county and cities are conforming to the CMP, including, but not limited to the following: 1. Consistency with levels of service and performance standards, except under certain circumstances. 2. Adoption and implementation of a trip reduction and travel demand ordinance. 3. Adoption and implementation of a program to analyze the impacts of land use decisions, including the estimate of the costs associated with mitigating these impacts. The CMA shall, after consultation with the RTPA, Caltrans, and the local air pollution control district, exclude from the determination of conformance with level of service standards, the impacts of any of the following: interregional travel; construction, rehabilitation, or maintenance of facilities that impact the system; freeway ramp metering; traffic signal coordination; and traffic generated by the provision of low and very low income housing. If, pursuant to the annual monitoring, the agency determines, following a noticed public hearing, that a city or the county is not conforming with the requirements of the CMP, the agency shall notify the city or county in writing of the specific areas of nonconformance. If, within 90 days of the receipt of the written notice of nonconformance, the city or county has not come into conformance with the CMP, the governing body of the agency shall make a finding of nonconformance and shall submit the finding to the California Transportation and the State Controller. Upon receiving notice from the agency of nonconformance, the Controller shall withhold apportionments of funds required to be apportioned to that nonconforming city or county until the controller is notified by the agency that the city or county is in conformance. CONCLUSION There are several alternatives to choose from in establishing the Congestion Management Agency. In addition to the Area Council,which is recommended by staff as the most appropriate agency, the County could be given the authority or an entire other agency could be established. Given that the Area Council has functioned for many years as the Regional Transportation Planning Agency,that it includes delegates from all jurisdictions, and that as a result of the 1990 census it will become a Metropolitan Planning Organization (MPO) with access to funding necessary to prepare the CMP, staff recommends designation of the Area Council as the CMA. • 3 0U011►;� RESOLUTION NO. 06-92 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING DESIGNATION OF THE SAN LUIS OBISPO AREA COORDINATING COUNCIL AS THE CONGESTION MANAGEMENT AGENCY FOR SAN LUIS OBISPO COUNTY WHEREAS, As a result of the 1990 census, San Luis Obispo County now contains an urbanized area with a population of more than 50,000, which requires establishment of a Congestion Manage- ment Agency (CMA) and development of a Congestion Management Program (CMP) ; and WHEREAS, State law requires that the County Board of Supervi- sors and the city council of a majority of the cities representing a majority of the population of the incorporated area of the county adopt resolutions designating a Congestion Management Agency; and WHEREAS, The San Luis Obispo Area Coordinating Council (here- inafter known as the Area Council) is the designated Regional Transportation Planning Agency (RTPA) for the San Luis Obispo region; and WHEREAS, Area Council delegates include the five members of the County Board of Supervisors and an elected official from each • of the seven incorporated cities in the county; and WHEREAS, The Area Council will, as the designated Metropolitan Planning Organization (MPO) , be eligible for Federal Planning funds which can be used to prepare the CMP; and WHEREAS, The Area Council reviewed such designation with the City/County Managers Group, received a unanimous recommendation from the interjurisdictional Technical Transportation Advisory Committee, and on December 4, 1991, unanimously recommended that each city and the County designate the Area Council as the CMA for the County; and WHEREAS, it is the desire of San Luis Obispo County that the Area Council be the designated Congestion Management Agency. NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero does hereby support the designation of the Area Council as the Congestion Management Agency for San Luis Obispo County. On motion by Councilmember , seconded by Council- member , the foregoing resolution is hereby adopted on the following roll-call vote: 0 000 1416 • RESOLUTION NO. 06-92 Page Two AYES: NOES: ABSENT: ADOPTED: ATTEST: City of Atascadero LEE RABOIN, City Clerk By: ALDEN F. SHIERS, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER R. MONTANDON, City Attorney RAY WINDSOR, City Manager �'+L(!X 1►r7 • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-3 Through: Ray Windsor, City Manager Meeting Date: 1/28/92 From: Homeless Shelter Task Force File No. : Homeless Shelter By: Henry Engen, Community Development Director SUBJECT: Report of the Council-appointed Homeless Shelter Task Force ALTERNATIVE RECOMMENDATIONS: There was a difference of opinion on the part of Council ap- pointees to the Task Force: ( 1) Councilmember Borgeson recommended that the City approve the use of the armory as a homeless shelter, with the EOC • responsible for the operation. (2) Councilmember Dexter concluded that the armory is an in- appropriate facility and that events have made it unnecessary/ impracticable to pursue use of the armory this season; how- ever, he recommends that the task force be expanded to include citizen members, with a view to making recommendations for a comprehensive approach to the problem. BACKGROUND: At the January 14, 1992 Council meeting, the Mayor, in re- sponse to a request from E-0-C, appointed a task force to meet and review possible use of the National Guard Armory for the homeless. The committee met on January 17th. Attendees included Coun- cilmembers Bonita Borgeson and Rollin Dexter, Gwen Guyre, Homeless Shelter Coordinator, Police Chief Bud McHale and Henry Engen, Acting City Manager. Gwen Guyre informed the task force that, due to the participa- tion of S.L.O. churches in providing shelter to the homeless, the armory may not be needed. She stated, however, that there remains a need for shelter in the North County. She further stated that, if the armory is made available, E.O.C. will be responsible for 1 000IL418 making all arrangements, including transportation. She also noted • that the National Guard is required to post a security person between the hours of 5 p.m. and 8 a.m. ; Mrs. Guyre stated it was her opinion that this would provide adequate security. The committee voiced concerns that women and children not be housed with adult males, due to the lack of partitions and bath- rooms in the armory. Councilman Dexter stated that homeless individuals and families in Atascadero are currently being accom- modated through various community resources. Councilwoman Borgeson stated that the City has been asked to inform the County whether Atascadero is willing to open the armory during inclement weather from December to February. That, she stated, was the task of the committee. Whether or not E.O.C. uses the armory as a shelter is the decision of E.O.C. The City has been criticized for not doing its part, and the agreement to open the armory would be symbolic of our concern for the needs of those less fortunate, and if the ar- mory is used, it would be a practical solution. There was further discussion whether the task force should be expanded to explore the issue of shelter facilities throughout the North County. Councilman Dexter asked Gwen Guyre to inventory, to the best of her ability, the homeless population of the North County in need of shelter in order to look at a long-term plan. Councilwoman Borgeson stated the issue of long-range plans for a shelter in the North County was not the task assigned to this com- mittee but should, logically, be a topic of discussion between city • managers, city mayors and the Board of Supervisors. The meeting was adjourned. RW:cw Enc. : Temporary Emergency Shelter Standard Operating Procedures Gwen Guyre, E.O.C. , Memorandum of 1/16/92 • 2 000109 ,iAN 23 1992 ECONOMIC OPPORTUNITY COMMISSION CITY MGR. OF SAN LUIS OB 1 SPO COUNTY, INC. MEMORANDUM SI..pCounTYMiqYo C TO: Mayor Ron Dunin C)TY Manager-% 8. FROM: Gwen Guyre, Homeless Shelter Supervisor 0. Hp55�1 DATE: January 16, 1992 SUBJECTele e]ters�� The County of San Luis Obispo performed a survey of providers during 1991, and concluded that there are approximately 1,960 homeless individuals in our County. Thi s number i ncl udes those i ndi vi dual s who 1 i ve i n cars, camp grounds, on couches of friends and relatives. The EOC Shelter 1n San Luis Obispo was never expected to meet the needs of all homeless people in the County. • There is a need for additional temporary emergency shelter in our County. The need has been compounded due to the state of the nation's economy and its local impacts. The EOC Shelter, located in the City of San Luis Obispo, has reached and exceeded its capacity of 49 since its doors opened in August of 1990. People seeking shelter have been regularly turned away until local churches ofered temproary assistance beginning in January of 1991. The question then posed is, will the numbers of homeless decrease in our County? If not, should expansion be centralized in the City of San Luis Obispo or decentralized throughout the County? Available information regarding need and resources indicates that decentralized programming is the answer. There seems to be no economic indicator which would signal the rapid end to our current recession. Locally, there have been a notable loss of jobs in the manufacturing sector, with plant closings and labor force reductions utilizing such methods as work sharing to prevent layoff. The local rate of unemployment, 4.9X in October, 1991, does not reflect the total employment picture. It does not account for those unable to find work and not eligible for unemployment benefits, nor does it reflect the wage loss involved with recession era strategies such as work sharing. The local construction industry has virtually collapsed, creating • unemployment and migration out of the County in search of work. Consu7mer paralysis due to the uncertain economic future has led to sustained unemployment. Higher urban rates of unemployment have affected the Ioca�vk�:CE71 � JAN 16 1992 SAN LJ S 0BISCOUNCIL service economy due to a loss of the ability to travel, thus impacting the tourism industry. The stability. of employment, such as it is, in San Luis Obispo County is owing to the presence of large government employers. Ironically, the downturn in the economy has created a soft rental market countywide, favoring the renter in terms of the negative price of rental housing. However, this is obviously of small comfort to the unemployed or underemployed prospective renter. An economic upturn would perhaps negatively effect rental housing prices from the renter's perspective, and the downturn of housing construction in most areas of the county during this time will further impact in terms of availability. The need for service to the economically disadvantaged-is one that is county-wide. The City of San Luis Obispo's Housing Authority manages the Section 8 program countywide and provides a demonstration of this need. There are currently 199 units in Grover City, 106 units in Oceano, 107 in Paso Robles, and 157 in Atascadero. The City of San Luis Obispo has 270 units. There are a total of 1,235 units contracted tor. 23% are in San Luis Obispo City. Of course, the waiting list f or these uni is i s cl osed, wi th 455 househol ds on the 1 i st current]y. A f ul l wai ti ng list would consist of 2,000. It is anticipated that the list will re-open in September and immediately reconstitute to 2,000. • In the local sheltering program, statistics for the last quarter of 1991 show that of the 278 individuals served, 105 come from San Luis Obispo County, 45% of thos indicate that their community of origin is San Luis Obispo, and 55% from surrounding communities. On a regional basis, of that 55%, 52% come from South County, 31% from North County, and 17% from North Coast. There is an issue of equity to be addressed with reference to our mutual obligations to the homeless. The current budget of the EOC Homeless Shelter is funded in the following way: Total budget $412,092 �t Federal Government 119,690 (29M State 54,572 (13%) County of San Luis Obispo 95,000 (23%) APO City of San Luis Obispo 120,000 (29%) Community Support 17,00 ( 4%) Other Cities 1000 ( rro Bay, Atascadero) (.07%) Services which are utilized by homeless individuals are located also outside of the City, with the exception of the Social Security Administration. Examples of those • would be County Mental Health in north and south counties, Department of Social ODO/%Q. I • Services in north and south counties, Health Department Clinics in north and south county and on the north coast. Strong community volunteerism exists through such organizations as the Atascadero and Paso Robles Loaves and Fishes groups, the Five Cities Christian Women and South County Human Relations Council, and Salvation Army service extensions countywide. Not only do these groups provide emergency food and limited sheltering now, but they could also be the basis for community involvement in homeless sheltering in the north and south county, as well as on the north coast. The final rationale is the very real transportation barriers that prevent people from accessing the Shelter from other areas of the County. Only a very small percentage of the homeless-own cars, thus simply finding a way to travel from other cities in the County to San Luis Obispo presents an insurmountable obstacle. if a person becomes homeless on their town of residence with children in school and a job within walking distance, all must be forgone if it is necessary to relocate up to thirty miles away in order to have shelter. This does not serve to support people in recovery from the plight of homelessness. in sum, the need for sheltering outstrips the capacity of the Shelter in San Luis • Obispo. Nothing indicates that homelessness will decrease in the near future. The need is countywide and auxilliary services do exist in the north and south county to support sheltering in those areas. This is a nationwide, statewide and countywide problem. All of us are responsible to help if any of us are. UUU1i 1 r' • TZ:Z?ORARY E`Z_-RGa.1CY SHELTZR PROCRAX STA:1oARD OPERATING PROCEOUP—ES vURPOS�: The purpose of this dociment is to standardize operating procedures regarding the use of California Naticnal Guard (C:1G) armories as Homeless Shelters for the 1991-1992 winter season. G^ t.LtEpAL: The Governor has mandated that the CNG make available its armories to county social service ageneies for the purpose of sheltering homeless persons for a go-day period. The core period Will begin on November 15, 1991 and terminate an February 1S, 1992. The program is experiaental in nature and will be evaluated at the conclusion of the 90-day period by the CNG, The Governor's office of Emergency Services (OES) , The California oepar_.ment of Health and welfare and any county agency that utilized the program. Beginning on February 16, 1992, the program will continue with the availability of a=cries being weather dependent. AtTVC RITY: This document is applicable to the CNG, DES, local governmental agencies and private nonprofit organizations involved in the use of armories for the purpose of sheltering homeless personnel. 1. MISSION: OEs will oversee the use of C:TG armories for use as temporary emergency shelters during the 1991-1992 winter season. The role of the CNG will be to provide the support tasked them by OES and assist in the administrative execution of the program. ' Z. ROUES^' TO USE AN ARXQRY: Recruests for use of an armory will begin at tate local level. Cities wishing to use an armory will submit a request to the local county governing agency. The local county will then submit the request on behalf of the city or a request for themselves to the appropriate state OES regional office. it is ir.:portant to note that only requests from counties will be considered and any disagreements tetween cities and counties will be resolved between theme two governmental bodies, and not fythe5or nesdthe CNG- .`or'•+a The the request regional office will then verify the validity need will to the OES headquarters in Sacramento. The OES headquarters will then task the C:iG with ' approve/disapprove the request. Upon approval, they the mission to open the armory. No requests made outside this specified chain of , authority will be considered. 3. AR."ORY AVAzLAHIL,xT'l: / a. Armories available for use as shelters will be initially limited to thirty-five. Any additions to this list will be considered on a case-by-case basis by OES and the CNG. The list of available a=c---* -; is as follows: REGION j jREGTON IZ REC CN III_ REGION IV "iZGIOM V &EGTT N'�Z Culver City Gilroy Chico Roseville Merced Calexico sto Coronade Fullerton Petaluma Redding KoEscondido Inglawood San Jose El Cajon Long Beach San Mateo El Centro Los Angeles San Rafael Indio (Federal Ave) Santa Cruz Rivers-44-8 Oxnard Santa Rona Palmdale Sunnyvale Pomona Watsonville Santa Ana Santa Barbara Santa Maria Sylmar van Nuys 1 Ui,U1l2 � b. Military use of armories for weQkend drill assembl!Qs, preparations for irseas deploy-:eats, operations in response to State and Federal emergencies Will take precedence over shelter operat_cns. The local armory commander, with the approval of the CZ1G regional manager, has the authority to waive these restrictions it he feels shelter cperations will not significantly impair the ability to perform these functions. e. During the 90-day core period, the armories saiected for use as shelters will be made available continuously during the designated shelter hours of operation regardless of weather conditions unless the conditions of paragraph 3a apply. At the conclusion of the 9C-day core period, armory availability will be dependent on daily weather ccnditions. Those weather conditions are forecasted weather conditions of 40 degrees and below, or SO degrees and below with a 50 percent or greater chance of precipitation. The only weather forecasts acceptable for this criteria are those made by the National weather Service. 4. 077RA ING HOURS: Tie CNG will make the armories available between the hours of 5:00 P.M. to 5:00 a.m. daily. Daily setup and breakdcwn of hotaelese operations will be conducted during these hours of operation. Between the hears of 5:00 a.m. and 5:00 p.m. , the C:►G will have exclusive use of the atory. These hours can only be amended with the approval of the CNG State program manager and OEs headquarters. 5, CotirLICT RTSOLUT_ON: Con1.flicts at any level, regardless of Che agencies Involved, will be resolved at the lowest level possible in accordance with the chain of authority described in paragraph 2. If any of the agencies feel that they have not received acceptable resolution to their complaint at any level, they are authorized to seek arbitration at the next level, after they have attfied the level they are dealing with they intend to do so. The final uthority for any dispute resolution will be OES and C*NG headquarters. any request for problem resolution made outside this chair will not be considered. 6. OF,�S RD'S?ONSI3LZT:ES: ' a. The office of Emergency Services is the authorizing agency for the use of ? an armory as an emergency shelter. The office of Emergency Services regional offices will forward county requests to the DES headquarters in Sacramento, who t_ will then task the CNG with the mission. No armories will be opened without OES approval. �. b. The Office of Emergency Sarvices will monitor the use of the armories to ensure that the program is administered within the parameters of the Temporary Emergency Shelter Program Operating Procedures. c. The office of Emergency Services will act as arbitrator to resolve any conflicts that may arise between the agencies involved. any disagreements between the county, the agency contracted by the supported county to manage the shelter, and the CNG will be resolved at the OES regional office level. any problems that cannot be resolved at this level will be forwarded to the OES headcraarters, who in consultation with tae CNG will resolve the conflict. 7. CNG RESPONSIBILITIES! a. Ensure that armories are open and ready for shelter operations when tasked by OES in accordance with paragraphs 3 and 4. b. Have at least one soldier on duty at all times during shelter operations • responsible for the security of military property. C. Commile and forward daily reports to oES regarding the number of persons sheltered daily in armories. 2 UtiUA I,i d, Attempt to resolve problems at the armory level before escalating them to the OES regional office. e. Provide personnel to the OES headquarters and regional of.ices to assist . their Staffs in montiorinq the use of the armories and resolving problems at the local level. f. Inspect the armories daily and report any discrepancies to the appropriate oES regional office. g. Advise the supported county the dates the armory will not be available at least three weeks in advance. 8. COUNTy RESPONSIBILIT?ES: a. Prior to requesting the use of CNC armories for use as emergency shelters, the supported counties will ensure that all other means available to them have been exhausted. b. The supported county will be responsible for ensuring that the a=ory is returned to the sae level of cleanliness, both inside and out, in which it wag same found. If the supported county fails to, meet the mini,-ium cleanliness standards set by the CNG, the counties will he required to contract professional custodial services. c. The supported counties will have their Offices of Public Health conduct weekly public health inspections at the armories to ensure minimum public health standards are maintained. These inspections are to take place during the hours the armories are being used as shelters and should be unannounced visits. The results of these inspections will be forwarded to this headquarters through the OES chain of command. d. The supported counties will be responsible for having their Fire Marshals Inspect the armories during hours of shelter operations to ensure that adequate fire and safety codes are maintained. e. The supported counties will ensure that there is a minimum of one it licensed security guard on duty whenever 100 or more homeless persons are sheltered at an armory. f. counties are authorized to install temporary phone lines at their own expense at each armory utilized for shelter operations. The phone lines will be installed on the walls bordering the drill floor and the phone itself will be removed daily at the conclusion of daily shelter operations. g. supported counties will be authorized to employ chemical toilets in support of shelter operations. The use of chemical toilets will be agreed upon by the local armory commander so long as they meet the following guidelines: (1) Chemical toilets will not be located in an area where they are accessible to the general public. (2) They will not be located in an area where the use of them would allow access to areas where federal military vehicles and equipment are stored. (3) The chemical toilets will be cleaned daily or removed from the armory premises daily, whichever is more suitable to the supported county's operation. h. The supported counties will use whatever means necessary to ensure that • after the shelter has been closed, there is no loitering by homeless persons in front of or in proximity to the armory. 3 Ou0i I .l t70 d _00 oN _t • VI I6 I . �13hJ Obb2-GS3-9i6 • X31 N0I1H dCi'- -;tlHT. i. The supported counties are respcasible for making any repairs to damages curred as a result of shelter operations. Repairs will be made within five orking days of when the damage occurred. j. The armories will be cleared of all materials used to support shelter operations daily by 8:00 a.m. The counties are author+zed to place storage containers on armory grounds for the purpose of storing equipment and supplies used in the conduct of shelter operations. The locations of these containers will be agreed upon by the supported cc.:mander and the local armory commander. The containers will not be located in any area where the use of them would allow access to areas where military equL;ment and vehicles are stored. k. The supported counties will be responsible for the conduct of any organization they contract with to conduct shelter operations in CNG armories. These subcontracted agencies will be authorized to coordinate directly with the supporting armory commander for the execution of the operation. 9. any requests for modifications to these Standard Cperatinq Procedures may be sent to OES headquarters, 2800 Meadowview Road, Sacramento, CA 95832. Robert C. Thrasher RichardAndrews - Major General Directo This Adjutant General office o E.;,ergercy Services Attachment: *-=ory Inspection Checklist Ik f r i • i f 4 ARlSORY I?{SPEC:'_ON CHECKLIST LATE.- FOR ATE:FOR TEMPOR.XRY EHERGZNCY SHELTER 0 E:aATIONS Z. The shelter Manager and the CNG Armory Supervisor will conduct an inspection of the a_-mory upon occupying and clearing the facility each day. Ary deficiencies will be noted on the c::ecklLSt and both individuals will sign upon clearing. A copy of completed checklists will be forwarded on a weekly basis to OTAG, Box 23, ATTN: CAPD-SP, 2829 batt Ave. , CA 95821-6294, (916) 854-3445. ZZ. C*..r,;:lING STANDARDS 1. DRILL HALL: SAT UNSAT RE-MAMS A. Swept B. Hopped C. Trash Removed D. Equipment removed & stored pr5perly 2. LATRINES: MUST BE DISINFECTED DAILY A. Sinks 8. Toilets C. Floors - D. Trash E. Replenish toilet paper, paper towels, and soap 3. KZTC:iEN AREAS: MUST BE DISINFECTED DAILY A. Floors B. Sinks C. Counters D. Refrigerators E. All items removed I 4. OUTSIDE AREAS: A. All personal and county --- ----- ------------------- property stored in containers B. All trash and litter policed from areas around the armory C. Portable latrines - cleared and secured S. MISCELLANEOUS DEFICIENCIES: ;r III. SIGNED/DATED ---- .: CNG A ORY SUPERVISOR n SHELTER u.2utnGER IM I --------------------- ----------------------- PRINTED PRINTED N;Q'.E/RANK oU01 ! b - T . �T T.' T" 1/.1 nr--- . _r.0 _:,T� 1� I �.P.im I H'� 0)SNH�<� • REPORT TO CITY COUNCIL Meeting Date: 1-28-92 CITY OF ATASCADERO Agenda Item: D-4A Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works SUBJECT Interim Changes to Recycling Program for Multi-Family and Commercial Units. RECOMMENDATION Adopt staff recommended changes to recycling program to accommodate Multi-Family and Commercial units. BACKGROUND On October 8, 1991 the Council executed a franchise agreement with Wil-Mar Disposal Company to collect solid waste in the City. • Provision it of that agreement requires Wil-Mar to "comply with any and all provisions of any recycling plan or program. . . 11 . The current recycling program provides for greenwaste pickup and residential curbside recycling. DISCUSSION Numerous multi-family residences and commercial businesses have expressed interest in participating in the recycling program. Currently, no program exists to accommodate these people. The Recycling Committee has identified a need to incorporate multi-family and commercial recycling into the overall integrated waste management program. The details of its implementation have not been completed, including materials to be recycled, method of collection, cost of service, building code changes for storage, obligations of renters vs. landlords, and many more. This is a project that has been identified as a work task for 1992 . In the meantime, simply not allowing these people to participate in the recycling program runs counter to the City's overall philosophy of reducing the waste stream. Therefore, an interim recycling program for multi-family and commercial uses is proposed to serve the needs of those who choose to recycle while a final program is being prepared. is The program would be a voluntary service. The multi-family unit rate would be $1/unit, with the concurrence of the landlord. 0001L17 A suitable recycling container would be provided, however no recycling coupon would be distributed. • The commercial program would involve consenting small businesses at a $1.50 monthly charge for the same service now being provided single family residences. The program may be expanded to pick up cardboard in the future. In approving these programs the Council would officially incorporate these changes into our overall recycling program, thereby allowing for the collection of fees, use of equipment,etc. However, it should be noted that a more complete and comprehensive program will replace the interim program once the Recycling Committee has completed its work. FISCAL IMPACT None. Attachments: A - Letter from Wil-Mar dated 12-18-91 • 000118 "A WRIGHT & SANDERS A LAW CORPORATION TELEPHONE (a 05) 466-9026 WILLIAM O. WRIGHT (RETIRED) 5950 ENTRAOA AVENUE FAX BETTY R. SANDERS ATASCADERO, CALIFORMA.93422 (805) 466-9098 December 18, 1991 Ray Windsor City Manager City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Re: Wil-Mar / Multi-Family Residential Recycling Dear Ray: This is to memorialize our conversation of December 17 , 1991 , wherein we discussed the requests we have received for curbside recycling from multi-family residential dwellings. • It is our intent to go forward with the multi-family unit program adding a $1/unit recycling charge but without the coupon program. We must determine on a case by case situation the most logical way to implement the program. With some units using yellow bins and others using 60 or 90 gallon recycling containers the coupon program would be unworkable. Further , we request that you apply to the Council for permission to begin a pilot commercial program among consenting small businesses at a $1 . 50 monthly charge to pick up newspaper and commingled recyclables . We are presently developing a program for picking up cardboard and also providing recycling capability to the schools and large businesses . We have had requests for such services and we look forward to providing them with this opportunity at the earliest possible time. Thank you for your attention to this matter . Very truly yours , 'iallego BETT R. SANDERS • BRS/bah C. C. Bill Gibbs Wil-Mar Disposal Company 0001 y '.3 • REPORT TO CITY COUNCIL Meeting Date: 1-28-92 CITY OF ATASCADERO Agenda Item: D-4B Through: Ray Windsor, City Manager From: Greg Luke, Director of Public Works SUBJECT Procedures for Considering Mandatory Waste Collection. RECOMMENDATION Set Public Hearing date for Mandatory Waste Collection and direct staff as appropriate. BACKGROUND The issue of requiring mandatory trash collection has been a subject of long-standing discussion for many years. The 1991 Integrated Waste Management Strategy laid out a four step process: • 1. Volume-Based Rate Structure 2 . Green Waste Recycling Program 3 . Curbside Recycling Program 4. Mandatory Waste Collection. The first three programs have been brought on-line; the mandatory garbage collection program remains to be implemented. The Council in the recent update to the General Plan specified that a mandatory garbage collection program would be instituted. DISCUSSION The subject of discussion tonight is when and how the Council wishes to handle this issue. A date should be set for a formal Public Hearing. Enabling ordinances need to be prepared and considered. A number of details, including billing and enforcement also need to be considered. Staff has gathered previous documentation on the issue of mandatory trash collection and included them in the agenda packet tonight. These documents clearly lay out the pros and cons of the subject. Staff is seeking direction from the Council on the desired timing and procedure for consideration of this matter. The intent of this agenda item is for Council to setforth the steps it wishes to take to consider mandatory garbage collection. If additional - 0007.20 research or investigation is desired beyond which is currently • available, staff should be instructed to generate this data. It is recommended that any discussion or deliberation on the merits of the matter be held until the meeting of the Public Hearing. FISCAL IMPACT None Attachments: A - Memo from Mark Joseph dated 4-26-90 B - Excerpt of Minutes of 11-13-90 City Council Meeting C - Report to Council D - Report to Council dated 1-22-91 E —Excerpt of Minutes of 1-22-91 City Council Meeting F - Report to Council dated 7-23-91 000121 M E M O R A N D U M To: Mark Joseph, Dir. of Administrative Services From: Ray Windsor, City Manager Vf Subject: Disposal company issues Date: 4/16/90 Perhaps you would be good enough to give Betty Sanders a call this week and set up a meeting with her and Bill Gibbs , along with Greg, yourself and myself, to begin further exploration of the mandatory pick-up issue. You may have already created your own list, but these are some of the issues that I took during Council discussion last Tuesday: Alden If we go to mandatory pick-up, what effect would • economies of scale have on rates? Marj Would we be better off, politically, to consider a flat percentage rate increase rather than the existing scale? Bonita When can bidding take place, when should it take place, and how is it accomplished? • Could the City provide the same level of service cheaper? What would it take for us to enter the business? • What effect will mandatory pick-up have on private driveways, in terms of maintenance costs? Can this, in fact, be estimated? • Will mandatory pick-up have any effect on the amount of solid waste produced? • What would be the difference between mandatory pick-up in the Urban Services area, as opposed to City-wide? Would anything be gained from making this distinction? RW:cw c: Greg Luke, Dir. of Public Works Arther ,Montandon, City Attorney Jim Patterson, Chmn. , Recycling Committee 0001L")"), H. HEARINGS/APPEARANCES: • 1 . CONSIDERATION OF ESTABLISHMENT OF MANDATORY SOLID WASTE PICK-UP AND CURBSIDE RECYCLING THROUGHOUT THE CITY Mayor Lilley introduced the item and explained that the State had imposed upon local governments Assembly Hill 939 (A8939) mandating local governments to establish a solid waste management plan subject to the approval of State legislature. He reported that the plan must include provisions for each city to reduce its ' solid waste by 25% by the end of 1994 and to further reduce its , total solid waste stream by 50% prior to the year 2000. The mayor added that funding had not been provided . Mayor Lilley announced that the City ' s Recycling Committee has been active and have addressed the challenge imposed by the State, and along with Wil-Mar Disposal , have been exploring options. He explained that some of the issues include a decision relating to mandatory waste pick-up , curbside recycling , "green" (yard ) waste and defining the City ' s solid waste stream. The mayor stated that there is no free way to meet the legislative mandate and emphasized that it was vital to determine which option was the best way for the City of Atascadero to meet those requirements. Councilwoman Borgeson reported that she had heard from many • members of the public over the past four days and stated that the community is already recycling . Mark Joseph gave a brief overview of the related reports, which included recommendations from the Recycling Committee, staff reports on curbside recycling, mandatory solid waste collection and the extension of Wil-Mar Disposal ' s contract ; as well as an old appliance disposal service proposal and a rate analysis for Wil-Mar Disposal . Mr . Joseph indicated that staff has recommended that if the contract with Wil-Mar is extended , there be some significant contract language changes in order to accommodate both a rate review and clarification of responsibilities regarding mandatory pick-up . In addition, the Administrative Services Director , explained that staff had two primary recommendations: 1 ) adoption of a volume-based rate structure and 2) a thorough review six to nine months after the new rates are adopted . Renee Silberman, Recycling Committee Chairperson, reported that the committee was recommending that the Council adopt mandatory collection and support a volume based rate structure, as well as CC11/ 13/90 Page 5 000123 a curbside recycling program. She described the recommended curbside pick-up program as a three-bin system which would provide a convenient means for the community to recycle. In addition, Ms . Silberman stated that the committee was eager to devise ways to recycle all materials , not ,lust those with redemption value, and further reported that once a curbside program is initiated it could begin to develop a program for yard waste collection. Ms . Silberman emphasized that solid waste is a community problem and that mandatory pick-up would fairly distribute the cost of waste recycling and disposal , plus allow for monitoring of the waste stream as required by A8939. She reiterated that the Recycling Committee was in favor of an adjustment to the garbage collection rate structure to provide an incentive to reduce waste and advocated pre-cycling . The committee chairperson also reported that the committee had conducted a small , informal survey to find out if residents of Atascadero are ready for curbside recycling and reported that this survey indicated that the community is willing to participate in curbside recycling for a small fee. Concluding her report , Ms. Silberman thanked the Council for their cooperation and recent appointments to the committee. William J. Douglas, senior citizen of Atascadero , rendered his protest to mandatory pick-up and reported that because he was on a fixed income the added fee would be a burden to him. Betty Sanders, attorney representing Wil-Mar Disposal , spoke in support of mandatory pick-up and pointed out that one of the functions of a city is to provide for the collection of solid waste. The State, she said , has now given cities a mandate and if it is not met , a fine of $10,000/day will be assessed . Additionally, Ms. Sanders addressed the issue of extending Wil- Mar ' s contract . She reported that if mandatory pick-up and curbside recycling are adopted , Wil-Mar must make expenditures of over $300,000 and would , therefore, like some kind of guarantee that they will still be in business two years from now. The attorney also reported that Wil-Mar Disposal had been providing garbage pick-up service since 1975 and has done a good job over the years with few complaints about the service. Ms . Sanders, stated that the City is obligated , pursuant to State law, to encourage solid waste enterprise and quoted from A8939 as it relates to provisions for solid waste handling services. • CC11/ 13/90 Page b 0001-11)11 Concluding her statements , Ms . Sanders emphasized that mandatory collection is the rule, and Atascadero is the exception. George Zidbeck , 1869 San Fernando Road , stated that while he was not against recycling or solid waste reduction, he strongly opposed mandatory pick-up . Gene Humphrey, San Marcos Road resident, urged the Council not to enforce mandatory pick-up because it represented the taking of one more right . He encouraged the provision of some kind of device for yard clippings. Steve Gordon, 4465 Viscano , expressed his concerns and suggested that the Council study the matter thoroughly and possibly hold a workshop to look at options. He stated that he opposed mandatory pick-up and the projected 70% increase in rates. Jerry Bond , 4840 Verano , reported that he recycles and shares garbage pick-up service with his neighbors. He indicated that he, too , opposed mandatory pick-up. Tricia Stanley, 7775 Morro Road #3, announced that she was pro- recycling and that she strongly supported the recycling of glass , metal cans, phone books, newspapers, cardboard and aluminum cans. She suggested that the City implement spring and fall clean-up days when residents could have their green waste picked up . Ms. Stanley stated that she was in support of the recommendations made by Recycling Committee, but was concerned where she personally could store a three-bin container in her apartment and asked that the community be given the option to take their own recyclables in for redemption. Whitey Thorpe, 8015 Santa Ynez , referred to an attempt made in 1980 by a citizen, Kelly Gearhardt , to provide an alternative garbage pick-up service. He stated the community was denied the choice and proclaimed that competition in business is the key to the american way. Additionally, Mr. Thorpe debated comments made by attorney Betty Sanders, strongly opposed mandatory pick-up and spoke in support of a proposal by Dennis Bryant to provide a white goods pick-up and disposal service. Vic Smart, 8430 Palomar, reported that he no longer uses the services of Wil-Mar and has since elected to take his garbage to the dump himself. He acknowledged the difficulty of the present task and pointed out that the community will also have to face the issue of hazardous waste materials control . Mr. Smart stated that he did not believe that imposing mandatory pick-up would result in the reduction of solid waste and stressed the need for CC11/ 13/90 • Page 7 a viable means of control and reduction. In addition, "1r . Smart asserted that there must also be a decision made as to where some items that are currently non-recyclable are going to be stored . Jerry Clay , 7285 Sycamore, stated that some responsibility should be put upon the landfill to recycle materials and spoke against imposing an additional cost to the consumer for picking up recyclables . He noted that he was recycling and that many cthers in the community were as well . Mr . Clay urged the Council to wait on the matter a while and watch what happens . Steve Williams, Ensenada Avenue resident , opposed mandatory pick- up and the removal of a right to make a choice. He stated that his major concern was for who sets the rates and whether or not all the programs were mandatory. The mayor called for a recess at 8:50 p.m. The meeting was reconvened at 9: 10 p.m. Don Kline, 5300 San Anselmo , proclaimed that mandatory pick-up is another infringement on the god-given rights of freedom and urged Council not to impose it . He indicated that he and many others already recycle. Mr . Kline reported that he had read that Wil- Mar was operating in the "red" and opposed strongly to requiring that the citizens of Atascadero bring them out it. Barbara Rider , 10150 San Marcos Road , remarked that she had been recycling for over twenty years and spoke in support of mandatory pick-up and curbside recycling . She suggested that the City communicate with other cities who provide curbside services and asked the community to begin putting pressure on the producers in an effort to cut down on non-recyclable packaging . Russ Wright , 7115 Gregorio Road , stated that he personally was against mandatory pick-up , but if it were imposed , could support the implementation of a volume-based rate structure. Ron Villarino , 10605 Realito Avenue, stated that while some people do recycle, a large majority of people do not . He reported that Atascadero is the only city that does not have mandatory pick-up and advocated elective curbside recycling . Mr . Villarino stated that the only way to start reducing is to make it convenient for those who presently do not recycle and noted that his experiences have shown that there is not much money to be made in the recycling business. He voiced support for allowing the garbage company, because of its ' knowledge, to provide the curbside pick-up service, rather than contracting with a separate private company. • CC11/13/90 Page 8 r Larry Sherwin, 2755 Campo Road , spoke in opposition to mandatory pick-up and expressed concern for the upkeep of the private road that serves his residence and those of other neighbors who jointly paid to have the road put in. In addition, Mr . Sherwin explained that his children collected recyclable materials for redemption as a way to earn spending money and objected to having that privilege taken away. Roger Cook , 10600 Colorado Road , disputed mandatory pick-up , but urgea a volume based rate structure if it is imposed. Pat Kusack , Arroyo Grande resident , spoke on behalf of Atlas Performance Industries. He commented that his company provides roll-off refuse services in Santa Maria and the unincorporated areas of Santa Barbara and San Luis Obispo counties and were interested in providing their services to Atascadero . He cautioned , when and if the contract comes up for renewal or goes out to bid , that there be no mandatory arrangement or exclusive franchise. James Patterson, member of the Recycling Committee, addressed comments made by others relating to recommendations made by the committee. He clarified that the proposed curbside service is not mandatory and explained that the recommendation for the optional service was to provide a convenient , easy to use system . for recycling to be used by those who are not currently recycling. Mr. Patterson reported that the programs throughout the county that are the most successful are those that are convenient for people to use. He added that it has been proven that when there is a curbside recycling program, there is a significant reduction of the solid waste stream. Mr . Patterson, in an effort to clear up any misconceptions about the proposed rate increases , reported that the staff' s proposal of a one-can service, which would include the option to curbside recycle, would cost $7/month . The current rate, he explained , for one can garbage collection is $6/month, emphasizing that this recommendation did not constitute a 70% increase. He stated that a volume based rate structure is essential and clarified that it was the Recycling Committee who had recommended curbside recycling and mandatory pick-up , not Wil-Mar Disposal . In conclusion, Mr . Patterson stated that the community at large will benefit from a program that will provide a service uniformly to the entire community at a rate that is fairly distributed among the residents of Atascadero . Harry Russell , 3585 El Camino Real , stated that he was opposed to CC11/13/90 Page 9 • 000126 i • mandatory pick-up but recognized that sometimes the public is not given a choice. He relayed empathy and support to the Council for the difficult choices they were faced with . Mike Sanders, 9550 Curbaril , spoke in opposition to mandatory pick-up because it was just another bill for his small family. Mari Mackey , Recycling Committee member , spoke on behalf of Mr . John Nelson of Atascadero who opposed mandatory pick-up . She stated that she did not agree with Mr . Nelson but had been asked to relay his opinion. Ms. Mackey stated that she personally was in favor of mandatory pick-up and commented that perhaps the word "universal " could have been used instead of mandatory. She spoke in high regard of Wil-Mar Disposal and asserted that the company has done a good jab . She reported that she was supportive of curbside recycling and that Bill Gibbs , of Wil-Mar , has been receptive to the idea for a number of years and had simply been waiting for the City to get around to it . David Smith , C.P.A. , addressed the Council pointing out that Wil- Mar is not operating in the "red" . He stated that he had provided a cost breakdown in response to the City ' s request and noted the company ' s profit is low-return for output . Wil-Mar , he continued is trying to provide a service at a fee and make a profit . The accountant then shared that he personally does not recycle and asserted that most people in the community also do not. Council Comments : Councilwoman Borgeson clarified that under A8939, the State may impose the $10,000/day fine if the City does not present an adequate plan and , in addition, the element must have a waste diversion implementation schedule to achieve a 25% reduction of the solid waste sent to the landfill by January 1 , 1995. She noted that there are a number of exceptions and provisions for jurisdictions which cannot meet such goals and a one year extension is possible if the city is acting in goad faith. Councilwoman Borgeson also clarified that Atascadero is not the only city in the County that does not have mandatory pick-up . The City of Paso Robles, she explained , has not yet made citywide garbage collection mandatory. In addition, Councilwoman Borgeson stated that she agreed that the City must have a plan in place, but noted she differed with • CC11/ 13/90 Page 10 00017'7 • staff ' s recommendation for implementation. She stated that there were still some unanswered questions relating to green waste, white ( appliance) waste and the storage of newspaper . Councilman Nimmo expressed his appreciation to the Recycling Committee and to all those members of the public who came to speak on the matter . He stated that, in his opinion, State Legislature has finally done something constructive by mandating each city to have a plan in place by 1991 and reduce the flow of all waste, including hazardous waste. Councilman Nimmo stated that he hoped the Council would exert some leadership and do some public relations work to educate the public about what has to be done and what the options are. He commented that the Council must rise above popular opinion and do what is required by A8939 and that it also must do what is best to protect the environment for future generations. Councilman Dexter concurred with Councilman Nimmo and stated that it was unfortunate the word "mandatory" was attached. He spoke in support of recycling , whether it be done at the curb or otherwise, and stated that it along with a volume based rate structure would provide incentive. Councilman Shiers also thanked those who had come to speak on the • issue. He indicated that at some point the community must face the issue that landfills are filling up, that it will be extremely expensive to buy land for new landfills and costly to meet all the EPA requirements. He agreed with Councilwoman Horgeson that there are issues that need to be studied further . Councilman Shiers concurred with the Recycling Committee and the staff' s recommendations for a volume based rate structure. In addition, he stated that if mandatory pick-up is imposed, the responsible position would be to put that service out to bid . Concluding, Councilman Shiers commented that this is an important problem and advocated more public information to clarify the issues. Mayor Lilley stated that the time has come for the society to bite the bullet and recognize that continued growth along with a vital economy must be balanced out so as not to accelerate the depletion of landfills and exacerbate needless pollution. He indicated that the society has to collectively solve the problem as voluntary efforts will not resolve it. One reason for the mandatory element, the mayor noted, is to establish an inventory of who is taking service so that an effective solid waste program can be implemented fairly. CC11/ 13/90 • Page 11 000128 Mayor Lilley thanked the committee for its ' studious, responsive efforts , and thanked Wil-Mar Disposal for their cooperation. The mayor expressed the desire to explore other options and commented that his only criticism with the Recycling Committee report was of their recommendation to work on the reduction of green waste after other plans have been implemented . He explained that green waste represents the largest section, in excess of 50%, of the solid waste stream and that if the issue of efficient reduction of green waste was solved 100%, State mandates would be met for the next ten years. Concurring with other members of Council , Mayor Lilley indicated that he wanted to conduct further inquiries before adopting mandatory pick-up and suggested that the matter be continued for more discussion with a decision made sometime by the first of the new year . Councilwoman Borgeson agreed with the mayor ' s comments relating to green waste. In addition, she concurred with Councilman Shiers ' s statements relating to putting the matter of refuse pick-up out to bid . Councilwoman Borgeson stated that she had no problem with Wil-Mar Disposal as the provider of service over the years and added that she hoped that they would bid for the • contract . The City Manager asked the Council to bear in mind that Wil-Mar still has two years to run on their contract and in addition to that , have also asked for an interim rate increase. Mayor Lilley outlined the various options as follows: 1 ) to act upon a requested increase of approximately 7-B%, 2) make policy decisions on mandatory pick-up and curbside recycling or 3) continue the matter for further hearing by the Council in response to those issues. Councilman Dexter suggested that Council , if it decides to support curbside recycling , may want to consider some type of anti-scavenger ordinance to protect the contractor responsible for pick-up . Councilwoman Borgeson suggested deferring the decision on the rate increase requested by Wil-Mar . Councilman Nimmo disagreed stating that the matter could not be continued any longer and indicated that he would be prepared to support the rate increase and defer the other matters. Councilwoman Borgeson asked Mark Joseph to clarify whether or • CC11/ 13/90 Page 12 000129 not Wil-Mar was in the "red" . Mr . Joseph responded that at the • current rates, Wil-Mar would most likely start losing money and indicated that some kind of rate increase needs to be addressed . He suggested that if Council defers for now the matter of mandatory pick-up and decides to pass an interim general rate increase, that staff be directed to work with Wil-Mar to come up with a volume based rate. Councilwoman Borgeson concurred with this concept . Brief discussion followed. Mayor Lilley proposed that Council submit in writing any additional specific concerns and asked the City Manager if staff would be in a position to report back prior to January 15, 1991 . He also clarified that the request would include a proposal for a rate structure increase independent of either mandatory pick-up or curbside recycling . Mr . Windsor indicated a preference for the second meeting in January to allow staff ample time to prepare and distribute the information. Councilwoman Borgeson proposed conducting a workshop sometime before the end of January. The City Manager noted that because of the holiday season there would probably not be adequate time to hold such a study session. MOTION: By Councilwoman Borgeson and seconded by Councilman Nimmo to continue the matter until the second meeting in January of 1991 ; motion unanimously passed . C. INDIVIDUAL DETERMINATION AND/OR ACTION: 1 . City Council : A. Committee Reports (The following status reports were given, as follows) : 1 . City/School Committee - The City Manager reported the committee would meet again during the month of December . 2. North Coastal Transit/S.L.O. Area Coordinating Council- Councilwoman Borgeson announced that the Coordinatinq Council would be meeting on the following day and that she would have a report at the next meeting . 3. Traffic Committee - No report. 4. Solid/Hazardous Waste Mgmt. Committee - No report . 5. Recycling Committee - Councilman Shiers reported that CCil/13/90 Page 13 • 0001;10 160c" REPORT TO CITY COUNCIL • CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: From: Greg Luke, Director of Public Works SUBJECT: Mandatory Solid Waste Collection RECOMMENDATION: Direct staff to prepare regulations to implement mandatory solid waste collection procedures . BACKGROUND : Most counties and cities in California have instituted manda- tory solid waste collection by ordinance. With this system, all property owners are provided with waste collection services as part of the usual city services . Recognizing the inherent benefits of fairness and equity af- forded by such a system, particularly with solid waste recycling, the City Council has chosen to examine the concept for possible action. DISCUSSION: A. General In Atascadero, public services are provided in a wide variety of ways . In some cases , such as police and fire protection, all of the residents pay for this service, primarily through property and sales taxes . However, the level of service is dependent at any given time on demand, and central to such services is the notion that, while all pay, some taxpayers will, of necessity, benefit more than others over time. In other instances , services are pro- vided by contract, such as Dial-A-Ride, where both the taxpayers and users share in the cost. Here again, some taxpayers may, by choice, benefit less than others . Utilities , such as power and gas , are independent quasi-public companies , either regulated by the State or Federal Government. Here, the service is paid for through a rate structure tied to need and use. Water, of course, is provided by a private mutual company and the service, in the form of water availability, is financed through a rate structure tied to use. Wastewater collection and treatment is provided only within the Urban Service Area and is paid for through a standard • charge regardless of volume . 0001:11 i The point of the above *discussion is that City services oper- ate under a wide array of rules and structure . With respect to solid waste removal , the City' s past practice has been to contract for such service with a private company under a voluntary program. 40 In other words , those residents who desired trash removal were allowed to contract for it . Even without the issue of solid waste reduction and recycling required in AB939 , argument can be made for a mandatory trash removal program. This is primarily related to the issue of illegal dumping, where some residents not under the voluntary trash removal program find it convenient to dump their refuse in commercial bins or on unimproved property in the community. Experience by other agencies using a mandatory program clearly shows that the temptation to abuse the privilege of choice in waste disposal is minimized and/or eliminated. B. Advantages of Mandatory Collection The positive impacts of implementing mandatory collection include the following: 1 . Ensures a fairer and more equitable cost distribution for solid waste handling, better program administration and management and, over the long run, a more efficient and effective removal ser- vice. 2 . State Mandates through AB939 : Currently, California cit- ies and counties are facing a fundamental change in the way solid waste is handled. Previously, all solid waste was simply hauled to a landfull , either by a community garbage collection service or privately. With impending shortages of landfull capacity through- out the State, a new philosophy--referred to as integrated waste management--is being implemented. Integrated waste management is a broad term which refers to a series of measures to reduce the volume of solid waste and recycle any usable portion of the waste stream. The new concept of managing and controlling the quantity and quality of solid waste is fundamentally different than the current "throw away" philosophy. To effectively implement an integrated waste management program requires the participation of all res- idents . Mandatory solid waste collection and a uniform fee structure is an equitable way for all residents to share the re- sponsibility for the full cost of handling solid waste. Otherwise, a comprehensive program will result in a defacto subsidy of non- subscribers , in light of the fact that the overall costs of inte- grated waste management, including meaningful recycling, must still be borne but by fewer participants . Economies of scale would also be affected. The new State law requires that cities divert 25% of their waste stream that would normally enter the landfill by 1995 and 50% by the year 2000 . It is estimated that currently up to 30% of the solid waste generated in Atascadero cannot be firmly accounted for. Some of this material is legitimately being transported to a land- • fill, some is stockpiled on-site and some is definitely being 0007:'2 2 illegally dumped. In our opinion, the goals of AB939 and its man- dates to reduce the solid waste stream can only be accomplished in • any meaningful sense through the full participation of all resi- dents and the full accountability for all solid waste generated in the community. This alone makes mandatory collection imperative . 3 . Landfill utilization: A mandatory program will undoubt- edly reduce the number of trips by private pick-up trucks and other vehicles to the landfill , which will also reduce the amount of roadside litter caused by trash which blows off or falls out of the trucks . There should also be a reduction in air pollution. C. Disadvantages of Mandatory Collection The disadvantages of implementing mandatory collection include the following: 1 . High cost to provide service in outlying areas . The outlying, rural areas of Atascadero are more costly to serve because of both the long travel time and the narrow, steep roads , which are difficult for a garbage truck to negotiate. How- ever, this problem is not insurmountable with cooperation. 2 . Difficulty in administering the program and in collecting the monthly payments . • Unlike most other cities , Atascadero does not operate a city- wide utility, such as water or sewer service ( sewer limited to Urban Service Area) . Consequently, to implement a mandatory col- lection system will require a new billing system. It will be difficult to ensure that all developed properties participate in the waste collection program. New properties must be added to the list as they are constructed; vacant residences must be served when they are occupied. Basically, the program will require constant attention to ensure full participation. 3 . Additional equipment required to provide the service . To provide waste collection to the presently unserved resi- dences will require an additional garbage truck. The additional truck, plus the additional vehicle required for curbside recycling will result in additional truck traffic in rural areas , as well as additional costs to the hauler. D. Summary The City is under a legal mandate from the State to reduce the volume of solid waste entering the landfill . In addition, conser- vation and recycling of our resources is becoming a practical necessity. If the City is to accomplish these dual goals of volume • reduction and conservation/recycling, the City must implement a comprehensive waste management program. The first step of such a 3 ODU1:13 program is to ensure full control of the waste stream which, from any meaningful standpoint, means mandatory collection. Mandatory trash removal is the rule and not the exception throughout California. Its greatest argument in favor is tied to issues of fairness and equity in terms of rates , cost of service and economies of scale. Certainly without it, one can argue that a defacto subsidization by service users occurs when non-subscrib- ers engage in illegal dumping. Beyond that, requiring a standard- ized, ongoing removal process will assure timely collection and transportation of waste and makes everyone more conscious of the need to be current with disposal . Voluntary programs of any kind tend to give wide discretion to participants , which in this case works against the desired community goal of beautification. With the mandates in AB939 , we can now add the issue of responsible waste management and recycling to the community' s goals . Allowing continued voluntary involvement in waste removal tied to waste management and recycling is not, in our opinion, an incentive to see that we attempt to maximize this goal . FISCAL IMPACT: See mark Joseph' s memo, "Rate Analysis for Wil-Mar Disposal" , dated 11/13/90 . RW:cw • • 0001:1 } 4 0,60 "'1 0"'1 FIL40 Joey • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: Through: Ray Windsor, City Manager Meeting Date: 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, 1992 • 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 0001L.,15 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. • 0001 :16 • 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. 0001:1'7 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. Recycling 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. 0001:113 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. 0001:39 5. Program 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. 0001110 • With regard to the 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 AB939, 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. • • 0001111 �• ti • R NOTICE OF COMPLETION OF PU14P STATION #2- FORCE MAIN REP 7. AWARD BID X90-19 ODULAR PLAY STRUCTURE ADDITIONS (LAKE PARK) S. RENEWAL OF HEALTH INSURANCE POLICI MOTION: By Councilman Dexter and seconded b cilwoman Borgeson to approve the Consent Calendar; on B. HEARINGS/APPEARANCES: 1. SOLID WASTE PROGRAM: RATE INCREASE/MANDATORY PICK-UP/CURBSIDE RECYCLING/GREEN WASTE RECYCLING (Cont'd from 11/13/90) The City Manager introduced the matter by explaining that, in an effort to begin meeting the deadlines set forth in AB939, staff had been asked to make recommendations regarding a rate increase related to the existing service, but based upon a volume rate program and implementation of an integrated waste management program. Public Works Director Greg Luke, he reported, was the staff representative to both the Recycling Committee and the Solid Waste Management Committee. Mr. Luke presented the staff report with overhead transparencies highlighting the proposed seven-point integrated- waste management plan. Some of the recommendations, he pointed out, would require immediate action while others would involve conceptual Council approval. Mr. Windsor noted that in June of 1990 Wil-Mar Disposal had asked for a rate increase based upon the existing service, a two-year renewal of their contract and, in addition, that mandatory pick-up be implemented immediately. He reported that the rate increase has been addressed by staff, but in terms of a volume-based rate structure so that it may become a component of an integrated waste management program. He suggested that Council move immediately on the rate increase and the two-year extension of Wil-Mar's contact, emphasizing the need to give the trash hauler some assurance that they will be able to amortize equipment purchases necessary to handle added services. In looking at mandatory pick-up, the City Manager explained, staff felt that in order to meet the requirements of AB939, mandatory CCO1/22/91 Page 3 0001112 • pick-up should be implemented along with programs for curbside and green waste recycling. He indicated that January 1, 1992 had been proposed as the date to begin the comprehensive program; which would also include an educational/informational program for citizens of the community. Mr. Windsor noted that the issue of "white waste" has not yet been addressed. Council questions followed relating to the proposed rate increases. Betty Sanders, representing Wil-Mar Disposal, responded and clarified timelines for review of rates. The City Manager emphasized that Council will have ultimate authority relating to increased rates and the contract with Wil-Mar, adding that Council could go out to bid for the added services. The City Attorney concurred that the City will have the option to negotiate with other providers for other waste disposal services suggested by the integrated waste management plan. He indicated that if Council does not accept the rate structure as presented to them in September of 1991, there would appear to be no obligation to continue with Wil-Mar to give them a contract to provide all the • services. Mr. Montandon added that the existing contract with Wil- Mar is not assignable and cannot be sublet with Council approval. The City Manager reiterated that Wil-Mar has been consistent with their request for an extension of their contract for existing ..services and recognized that the contract may need some modifications. Public Comments: Steve Gordon, 4650 Viscano, asked whether the contract with Wil-Mar was exclusive. The mayor clarified that the contract is a franchise agreement. Mr. Gordon then commented that he would like to see Wil-Mar give consideration to those customers who go on vacation. In addition, he voiced opposition to not being allowed to recycle his own materials. Roger Cook, 10600 . Colorado Avenue, opposed mandatory pick-up claiming it to be an unfair and unnecessary tax on senior citizens. Jerry Bond, E1 Verano Avenue resident, commented that he was against mandatory pick-up and suggested that the County should control what goes into the landfill. CC01/22/91 Page 4 �1 0001,13 • Whitey Thorpe, 8025 Santa Ynez, also objected to mandatory pick-up and stated that although he was putting no blame on Wil-Mar Disposal, the community was not being given an alternative to using them as the waste hauler. Harold Peterson, a thirty-year resident of Atascadero, asserted that Wil-Mar has done a good job. David Duncan, 8885 Marchant Avenue, remarked that he was opposed to mandatory collection. Deuranda Smith, 5455 Bajada, asked how the waste management program would affect renters. Ted Monnonier, 9301 Barranco Road, spoke in support of Wil-Mar Disposal and in giving them the opportunity to continue providing the service as long as they are doing a good job. Ron Vilarino, 10605 Realito Road, clarified some concerns regarding curbside recycling, the requirements of AB939 and mandatory pick- up. He remarked that if residents oppose these measures, they should take their concerns to the state level. In addition, Mr. Vilarino reported that the Christmas Tree Recycling program had been very successful and added that to meet the requirements of • AB939, the entire community must participate. Yvonne Carlson, 7075 Atascadero Avenue, explained that she was in support of the staff recommendations and that she would be happy to pay a small fee for curbside recycling. Nancy Wood, San Luis Obispo County Recycling Coordinator, complimented the City Council and staff for the fair program it proposed and described the volume-based rate structure as outstanding. She remarked that Atascadero was the first community in the County who was making recommendations regarding green waste and citizen educational programs. Ms. Wood attempted to clear some confusion about AB939 and emphasized the need to act quickly to meet the mandates. James Patterson, member of the Recycling Committee, asserted that he would stand firmly behind the recommendations and urged the Council to move forward with the integrated waste management plan as proposed. Mike McNamara, 8711 Old Santa Rosa Road, indicated that mandatory pick-up makes sense in order to monitor what goes into the landfill and to keep the City clean. CC01/22/91 Page 5 0001A4 Marj Mackey, 5504-A Tunitas Avenue, urged the Council to put mandatory collection into effect as soon as possible. Mayor Lilley called a recess at 8:32 p.a. The 264tinq reconvened at 8:50 p.m. Public testimony on the proposed solid waste program continued. Ursula Luna, 10060 San Marcos Road commended the staff on the program and expressed disappointment that curbside recycling would not be coming sooner. Larry Easterday, 8700 Arcade, spoke in support of the local trash hauler and. urged Council to consider Wil-Mar to provide the recycling services. There were no further public comments. Mayor Lilley brought the discussion back to the Council. Councilwoman Borgeson reported that she had received a phone call just prior to the meeting from a resident, Mrs. Stevenson, who wanted it put on record that she had received good service from Wil-Mar Disposal. In addition, Councilwoman Borgeson stated that she had received letters from Pat Molloy and from Linda and Jeff • Schaff, all Atascadero residents, who wrote that the solution to the landfill problem is not mandatory collection, but the reduction of the amount of garbage generated by each household. These residents, she commented, indicated that they recycle all that they can and objected to being penalized for doing so. Councilman Dexter suggested that mitigation measures should be considered for the elderly, handicapped, and others on minimum incomes. Councilman Nimmo commended the staff and the Recycling Committee and spoke in support of Wil-Mar Disposal. He assured the public that the Council does not wish to impose unnecessary restrictions on the citizens, but explained that state legislature has taken away options and that there is no other choice. Councilman Shiers acknowledged that some will find mandatory pick- up burdensome. He stated that he had received many comments from the public and that it was evident that the community was split on the issue. Councilman Shiers also expressed concern that mandatory service be implemented efficiently and at the least possible cost, adding that it is up to the Council to ensure that this be done. Councilwoman Borgeson stated that she wanted staff to receive • CCOi/22/91 Page 6 UUU1-A5 Council input and outlined a six-point plan, which included support for each citizen's choice, modifications for senior citizens and those on low incomes, the purchase of a shredder, a public educational program, mandates for the provision of space in all new buildings to accommodate bins for sorting recyclables and periodic audit of the waste management program. Councilwoman Borgeson also indicated that she had received excellent service from Wil-Mar and was supportive of an extension of their contract, as well as the rate increase. The City Manager pointed out that the staff report reflected the recommendation of an educational program. The mayor concluded the Council's comments by expressing support for addressing the problem and accepting the staffs' recommendations. He emphasized that the program could be monitored and evaluated on an on-going basis. Councilwoman Borgeson reiterated the desire to see the City provide a chipper/shredder service and suggested that the sale of mulch would bring revenue back to the City. The City Manager pointed out that the matter had been addressed • during the fiscal budget review and that Chief Hicks had reported that the initial cost of a shredder would be expensive. MOTION: By Councilman Nimmo and seconded by Councilman Dexter to adopt Recommendations #One through Seven•, Agenda Item IB- 1. Discussion of the motion: Councilwoman Borgeson asked that a roll call vote be taken on each, separate recommendation. Councilman Nimmo indicated that he was not willing to amend his motion. Councilman Shiers referred to Recommendation #5 calling for staff to work on the details of the proposed rates and asked that, as they do this, consideration be given to those of low- income, senior citizens and disabled residents. The mayor remarked that he did not presume that Council will not be given the opportunity for further input. He stated that he would assume staff would consider the comments made to define the components of the integrated waste management plan. Councilman Dexter concurred. CC01/22/91 • Page 7 i UUU1.1h The Public Works Director assured the Council that their concerns, especially those related to green waste, educational programs and alternative programs for those in need, had been noted and would be taken into consideration. Councilwoman Borgeson emphasized that she also wanted to see a modification for citizens who generate less than -one can per month. A roll call vote on the motion to adopt the seven recommendations of staff was taken; motion carried 5:0. 11/27/90 Appeal of Negative Declaration (Joan O'Keefe) B. roe removals for road extension Henry Engen Community Development Director, requested a continuance on his matter and reported that the applicants had requested that matter be scheduled for March 12, 1991. He noted that since t agenda had been posted, Council had received more information on matter. This correspondence, he explained, • was a packet (dated Ja ry 18, 1991) amending the appeal from Joan O'Keefe and a letter fro lizabeth Scott-Graham (January 16, 1991) , refining the appeal. In ition, Mr. Engen explained that there had been some work done by V hn Engineers on behalf of Mr. Barnes which would, therefore, requi preparing a final map. He added that ample time would also be r ired to re-post-the map and give proper notice pursuant to the Cit Attorney's written opinion. Councilman Dexter stated that he did t object to continuing the matter again, but shared concern rel ing to paper waste and suggested that the agenda information a saved for the next meeting. The City Manager noted that if ncil and staff would keep their copies, he would be sure that ever ne received any new materials. Mr. Windsor also assured the Counc that a full copy of all the information would be available in bot the library and in the City Clerk's Office. Councilwoman Borgeson reported that she had received a 11 from a property owner in the vicinity of the Ardilla Road ext ion who was experiencing delays because of the continuance. She acknowledged the necessity of the continuance, but expresse ope that the matter could be resolved without further postponeme S. Councilman Nimmo concurred asserting desire to see the matt • CC01/22/91 Page 8 i i 0001L Y-7 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: 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: Program Implementation Dates Proposed Acbial *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. • 0001118 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. • 0007 •�0 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 2.8% 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. 000 X;-1U • 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%) OUO1. i 2) The materials to be collected will be co-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 Review 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. UUU1�_Z • 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-S CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 1/28/92 From: Mark Joseph, Administrative Services Director SUBJECT: Review of City' s Procurement Process RECOMMENDATION: Staff recommends Council appoint one or two of its membership to work with staff on reviewing and revising its procurement process. BACKGROUNDIDISCUSSION Staff revised its purchasing procedures in late 1990. During the 1990-91 financial audit, our outside auditors identified a number of areas where improvements could be made. In addition, a small number of Requests for Proposals (RFP) have raised Council concerns because the lowest bidder has not always been recommended by staff. Finally, Council members have often expressed interest in consolidating purchases to save money as well as facilitating purchases with local vendors. The time seems right to review all of our procurement policies and procedures. Including one or two Council members directly in the process appears warranted because of the significant policy implications involved, such as: *Establishing guidelines for evaluating RFP' s; *Developing Local Vendor Preference Policies; *Revising and strengthening internal staff procedures (consistent with the Auditor' s anticipated recommenda- tions) ; and *Identifying areas where centralized purchasing is appropriate. Staff recommends direct Council involvement for an additional, philosophical one: Council involvement in policy review and development is a more appropriate role than attempting to get involved in individual purchasing decisions. Once policies are established or ratified by Council, outside auditors should be able to review internal operations to verify staff compliance. Assuming Council endorses staff's recommendation to include Councilmembers, two selection methods come readily to mind: 1. Utilize the existing Finance Sub-Committee members (Mayor Shiers and Councilmember Lilley) ; or • 2. Have the Mayor select one or two members expressing an interest in serving on the ad-hoc committee (which would also include Department Heads and the City Attorney) . MEETING AGENDA DATEl/28/92 ITEM# D-6 CHANGE ORDER • ____=_______________________________________ No. Two=====____ Project: Atascadero Lake Park Pavilion Project No. 91-2 Date of Issuance: September 18, 1991 Contractor: Shetler Construction You are directed to make the following changes in the Contract Documents. Description: Substitute (replace) shingle roofing material GAF Timberline Class A Asphalt Roof Shingle with Cal-Shake as described and specified in contract specifications SECTION 07323 - SHINGLE ROOFING (PERLITE) . Color shall be aged cedar. NOTE: Change in contract time will be determined by availability of material. Also, possible impact for project delays (costs) will be determined at a later date. Change in Contract Price: Change in Contract Time: Original Contract Price Original Contract Time $ 1,261, 418.00 270 Calendar. Days Previous Change Orders Net change from previous • No. to No. One Change Orders $(122 .800.00) none days Contract Price Prior to this Contract Time Prior to this Change Order Change Order $1, 138 , 618.00 270 Calendar Days Net Increase (decrease) of Net Increase (decrease) of this Change Order this Change Order $ __ 33 , 645. 00 (to be determined at a later date) Contract Price with all Contract Time with all approved Change Orders approved Change Orders $1, 172 ,263 . 00 270 Calendar Days Recommended: Approve Approved: by , ohn Grindstaf G e Luke Contractor Project Manage Dir. of Public Works 000155 CILANGE ORDER No. THREE • Project: Atascadero Lake Pavilion Project No. 91-2 Date of Issuance: May 1, 1991 Contractor: Shetler Construction 'Icu are directed to make the followir^ c^ s i-- :e Conzracc .y ange :t t Documents. Description: Repair slope areas damaged by winter storms. All work shall be directed by the Engineer and in accordance with Contract Specifications. 3 Attachments: (List documents sumoortirg change) Change in Contract Price: Change in Contract Tine: Original Contract Price Original Contract Time $_1,261,418.00 270 calendar days Previous Change Orders Net change fro= previous • No. one to No. two Change Orders $ (89,155.00) none days Contract Price Prior to this Contract Ti=e Prior to this Change Order Change Order $ 1.172,263.00 270 calendar days Net Increase (decrease) of Net Increase (decrease) of this Change Order this Change Order $ 2,000.00 none days Contract Price with all Contract Time with all approved Change Orders approved Change Orders $ 1,174,263.00 270 calendar days Recommended: Approved: Approved: by LL Yrooh—n-Grindsta Gr L e Contractor ject Manager Dir. of Public Works • CHANGE ORDER NO. FOUR Project: Atascadero Lake Pavilion Project No. 91-2 Date Of Issuance: January 7, 1992 Contractor: Shetler Construction You are directed to cake t::e f c 1'owir^ c:�a Documents. •y rges i:t to Contrac,= Description:_ Mechanical changes due to discrepancies or omissions in Contract Drawings and Specifications. e Attachments: (List documents supporting change) Change is Contract Price: Chan er___________ g in Contract Time: Original Contract Price Original Contact Tawe $ 1,261,418.00 270 calendar days • Previous Change Orders Net charge from previous va• oneto No. three Change Orders $ (87,155.00) none dans Contract Price Prior to this Contract Time Prior to this Change Order Change Order $ 1,174,263.00 270 calendar days Net Increase (decrease) of Net Increase (decrease) of this Change Order this Change Order $ 74,012.42 21 calendar days Contract Price with all Contract Time with all approved Change Orders approved Change Orders $ 1,248,275.42 291 calendar days Recommended: Approved N =N Approved:_ ~� by J hn Grindstaf Gr L e Contractor • roject Manager Dir. of Public Works 7 01 CHANGE ORDER No. FIVE Project: Atascadero Lake Pavilion Project No. 91-2 Date Of Issuance: January 7, 1992 Contractor: Shetler Construction You are directed to make the following changes in the Ccntrac= Documents. Description: Structural changes due to discrepancies or omissions in Contract Drawings and Specifications. 1 Attachments: (List documents supporting change) Change in Contract Price: Change in Contract 'rine: Original Contract Price, Original Contract Time $ 1,261,418.00 1 270 calendar days Previous Change Orders Net charge from previous • No. one to No. four Change Orders $ (13,142.58) 21 calendar days Contract Price Prior to tris Contract Time Prior to this Change Order Change Order $ 1,248,275.42 291 calendar days Net Increase (decrease) of Net Increase (decrease) of this Change Order this Change Order $ 28,944.24 none days Contract Price with all Contract Time with all approved Change Orders approved Change Orders $ 1,277,219.66 291 calendar days Recommended: Approved: I ` Approved: by J h Grindstaff GreV Lu Contractor oject Manager Dir. of Public Works • CHANGE ORDER No. SIX Project: Atascadero Lake Pavilion Project No. 91-2 Date of Issuance: January 7, 1992 Contractor: Shetler Construction You are directed to make the :ollowing changes in the Contract Documents. Description: Architectural changes due to discrepancies or omissions in Contract Drawings and Specifications. Attachments: (List documents supporting change) Change in Contract Price: Change in Contract Ti=e: Original Contract Prica Original 'Contract Time $ 1,261,418.00 270 calendar days Previous Change Orders Net charge from previous No. one to No. five Change Orders $ 15,801.66 21 calendar days Contract Price Prior to tris Contract Time Prior to this Change Order Change Order $ 1,277,219.66 291 calendar days Yet Increase (decrease) of Net Increase (decrease) of this Change Order this Change Order S 22,754.65 none days Contract Price with all Contract Time with all approved Change Orders approved Change Orders $ 1,299,974.31 291 calendar days Recommended: Approved Approved: by w J hn rindsta Grqo Ltexe Contractor • oject Manager Dir. of Public Works Uv�u�:• � CHANGE ORD EIR —___-_-- -- ---- --- -------- NC SEVEN • Project: Atascadero Lake Pavilion Project No. 91-2 Date of Issuance: January 7, 1992 Contractor: Shetler Constrsction You are directsd to cane the fcl' .��----^�- - y �_ _ _o n:, c anges ; n t^e Can pact Documents. Descriation• Add kitchen equipment and make revisions to exhaust canopy and roof louvre to accommodate larger oven and grill unit. Add cable television outlets with wiring as directed by the Engineer. Attach=ents: (List documents supperting chance) Change im Cont_act Pries: -------Change is Contract Ti=.e: Original Contract Price original Contract Tiws S 1,261,418.00 270 calendar days Previous Change Orders vet Change free previous No. one to No, six Change Orders $ 38,556.31 21 calendar dans Cant_act ?r:ce Prie_ to t:is Can-=act Time Prior to ,,his Change Order Charge Order $ 1,299,974.31 291 calendar days :�e= Increase (decrease) of Net Increase (decrease) of t:is Change Order this Change Order $ 38,107.32 none days Cant_act ?rice with all Contract Time with all approved Change Orders approved Change Orders $ 1,338,081.63 291 calendar days Recommended: Approved Approved: by hn Grindstaf GreqJLuXla Contractor roject Manager Dir. Of Public Worcs UvO it-4) • REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: D-7 Through: Ray Windsor, City Manager Meeting Date: 1/28/92 From: Mark Joseph, Administrative Services Director SUBJECT• Public Smoking Issue: Council Direction RECOMMENDATION: Staff recommends Council review this report and provide dir- ection to staff. BACKGROUND: • In December, Council adopted Ordinanct No. 235, prohibiting smoking in City-owned or operated facilities. Council also directed staff to wait until the smoking grant application status was known before any further action would be taken. We received notice in late December that we were not awarded the grant. OPTIONS: At this point, Council may desire to pursue any one or more of the following options or develop additional strategies based on further deliberations: 1. Adopt an outright prohibition on all public smoking, similar to the City of San Luis Obispo, to be effective immediately. 2. Same as above, but to be effective at some future date. 3. Adopt a prohibition less stringent than San Luis Obispo (e.g. , allow smoking in bars, phasing out smoking in restaurants, etc. ) . 1 �uUithl 4. Adopt a policy to encourage reduced public smoking based • on voluntary compliance through continued education. 5. Take no further action. • 2 MEETING AGENDA DATE-LZLU ITEM# DD San Luis Obispo Area Coordinating Council Arroyo oGrd de Atascaro Grover City Morro Bay and Regional Transportation Planning Agency Paso Robles Pismo Beach San Luis Obispo - San Luis Obispo County January 15, 1992 Ray Windsor, City Manager City of Atascadero P.O. Box 747 Atascadero, CA 93422 Subject: Fiscal Year 1992/92 Legislative Program Dear Mr. Windsor, The purpose of this letter is to bring to your attention the FY 92/93 Legislative Program which was adopted by the Area Council at its January 8th meeting. In adopting the program, the Council suggested that staff forward it to all local jurisdictions to seek their support. It is our hope that your city will add its support through the League of Cities or other appropriate mechanisms. The program includes six objectives, as follows: 1. Protect current funding levels for transportation programs. 2. Protect and enhance flexibility in the use of existing transportation revenues. 3. Support increases in transportation revenues, funding sources, and financing mechanisms which enhance the region's ability to implement transportation plans. 4. Reduce or eliminate costly or duplicative administrative and regulatory requirements. 5. Enhance the safety,efficiency and effectiveness of the transportation system for all segments of the population. 6. Ensure that the needs and priorities of all jurisdictions in San Luis Obispo county are adequately addressed in proposed regional growth management legislation. We would appreciate any efforts that your city may take to support the legislative program. In addition, we would appreciate any special support you may be able to give to Policy a, under Objective #3: Seek legislation to modify and expand the limits of the state rail corridors, as defined in Section 2702.07 of the Streets and Highways Code,to include that portion through San Luis Obispo County between Santa Barbara and San Jose. As you now, the Area Council has contracted with Schiermeyer Consulting Services to prepare a rail improvement feasibility study that is intended to show the options available for improved rail service on the central coast. Our consultant has strongly recommended that we pursue legislative action to designate the Pacific Rail Corridor as eligible for future rail bond funding. 1 UUU1t;J Countv Government Center, San Luis Obispo, CA 93408 (805) 549-5612 The corridor is currently ineligible for funding. We are now working with our legislative contacts to clarify possible legislative options, and will seek your support once appropriate language is added to a bill. We firmly believe that the provision of expanded passenger rail service in San Luis Obispo County will be beneficial for every city in the region. Therefore, we fell that any support your city may be able to give this objective will be very valuable and welcome. If you have any questions or suggestions on this issue or any other aspect of the legislative program, please feel free to call me at 549-5714. Sincerely, A, C ,- Ronald L. DeCarli Executive Director Attachment c. City of Arroyo Grande City of Atascadero City of Grover City City of Morro Bay City of San Luis Obispo City of Paso Robles City of Pismo Beach UUU7�� SAN LUIS OBISPO AREA COORDINATING COUNCIL 1992 LEGISLATIVE PROGRAM Adopted December 1991 The San Luis Obispo Area Coordinating Councils' 1992 Legislative Program identifies statutory, regulatory, or administrative changes sought by the Council to better meet the transportation and regional planning needs of the San Luis Obispo County Region. The program formalizes general Area Council policy on legislative issues to guide staff in developing recommendations for Council positions and actions. The Area Council adopts positions on specific legislation separately. The program is separated into state and federal components, organized around six overall policy objectives. Specific strategies and topics to accomplish those objectives are listed for each component. The program is meant to be flexible, giving the Council the ability to shift program elements and priorities in response to changing circumstances. OVERALL OBJECTIVES 1. Protect current funding levels for transportation programs. 2. Protect and enhance flexibility in the use of existing transportation revenues. 3. Support increases in transportation revenues, funding sources, and financing mechanisms which enhance the region's ability to implement transportation plans. • 4. Reduce or eliminate costly or duplicative administrative and regulatory requirements. 5. Enhance the safety, efficiency and effectiveness of the transportation system for all segments of the population. 6. Ensure that the needs and priorities of all jurisdictions in San Luis Obispo county are adequately addressed in proposed regional growth management legislation. STATE LEGISLATIVE PROGRAM 1. Protect current funding levels for transportation programs. a. Take appropriate actions to assure that state funding and appropriations are consistent with the Area Council's adopted Transportation Improvement Program. b. Take appropriate actions to assume continued return of a fair share of motor vehicle fuel tax revenues to local agencies in San Luis Obispo County. c. Support actions to secure full funding of the Transportation Planning and Development (TP&D)Account and County Minimums in the Transit Capital Improvement(TCI) program. d. Support legislation to preserve allocation of State Transit Assistance(STA)funds for transit programs. 1 dlUf u".) e. Support legislation to limit the liability of the State, cities, and counties for economic and non-economic damages resulting from vehicular accidents on highways, streets, and roads to the defendant's percentage of contributory fault 2. Protect and enhance flexibility in the use of existing transportation revenues. a. Seek legislation to revise the Transportation Development Act (TDA) to allow local jurisdictions to use the funds for Ridesharing purposes. b. Support legislation that maximizes local flexibility in the allocation of State and Federal funding. 3. Support increases in transportation revenues, funding sources, and financing mechanisms which enhance the region's ability to Implement its transportation plans. a. Seek legislation to modify and expand the limits of the state rail corridors, as defined in Section 270207 of the Streets and Highways Code, to include that portion through San Luis Obispo County between Santa Barbara and San Jose. b. Support legislation to ensure that funding for transit operations is commensurate with new demands placed on public transit by air quality, growth management plans, congestion management programs, and the Americans with Disabilities Act c. Support increased funding for bikeways, park-and-ride lots, and other Transportation System Management (TSM) improvements. d. Monitor and take appropriate action on state legislation and regulations to implement federal programs resulting from the Intermodal Surface Transportation Efficiency Act e. Support tax benefits or incentives that encourage transit usage,ridesharing,bicycling and other transportation options. f. Support legislation to increase penalties for overweight trucks as a"damaged pavement surcharge"and earmark those increased revenues for enhanced truck weight enforcement and highway rehabilitation and maintenance:allow local governments to retain that portion of the revenue that reflects existing overweight fines. g. Request placement of a California Highway Patrol truck inspection station in northern San Luis Obispo county along Route 101 or Route 46E h. Support legislation to equalize tax rates for aviation gasoline and jet fuel and eliminate the existing exemption for commercial carriers. 4. Reduce or eliminate costly or duplicative administrative and regulatory requirements. a. Support legislation to provide that funds withheld from local jurisdictions because they failed to comply with state congestion management requirements are returned, after a reasonable time, to the county of origin for reallocation among eligible jurisdictions. 2 b. Support legislation providing for the biennial adoption of Congestion Management Programs, consistent with the schedule for required updates of the Regional Transportation Improvement Program and Regional Transportation Plan. c. Support legislation, policies and regulations that require a maintenance of effort by social services agencies currently providing transportation for elderly and disabled clients to assure continuance of service and compliance with ADA requirements. d. Support legislation and administrative reforms that enhance Caltrans' project delivery process. e. Support legislation to require social service agencies providing client transportation services to participate in the state mandated transportation inventory and to comply with a standardized reporting process. f. Support legislation to conform state and federal licensing requirements for transit drivers of small, medium, and large size buses to eliminate duplicative certification and training requirements. g. Continue to support legislation that simples the state Transportation Development Act, including: consolidation of categorical funding articles 4, 4.5 and 8c; standardization of farebox requirements and reporting requirements, and the provision of a consistent administrative and planning fund allocation process. 5. Enhance the safety, efficiency and effectiveness of the transportation system for all • segments of the population. a. Support legislation to require mandatory social services transportation coordination between state funded providers. b. Support legislation that encourages and provides funding for research to create uniform standards for lifts, securement devices and wheel chairs. c. Support State efforts to establish a transportation education program through public schools, private driving schools, senior citizen centers, and the Department of Motor Vehicles on the operation and effective use of all elements of the transportation system. This should include: the advantages and disadvantages of transportation options, safe bicycle operation and driver awareness of bicycles, and use of public transportation systems. 6. Ensure that the needs and priorities of all jurisdictions In San Luis Obispo county are adequately addressed in proposed regional growth management legislation. a. Support legislation that is consistent with the regional growth management position adopted by the Area Council 3 OUOIJF 7 FEDERAL LEGISLATIVE PROGRAM 1. Protect current funding levels for transportation programs. a. Maintain equitable apportionments and allocation formulas and criteria for highway and transit programs in San Luis Obispo County. b. Support continued federal assistance for transit operations and capital projects. c. Support reauthorization of federal fuel taxes for aviation, highways, and transit. 2. Protect and enhance flexibility in the use of existing transportation revenues. a. Support removal of the Highway Trust Fund from the unified budget. b. Support increases in obligation limits to reduce the Highway Trust Fund balance. c. Support consolidation of categorical highway funding programs with greater state and local involvement in spending decisions. d. Monitor regulations for implementing the flexible funding provisions of the Surface Transportation Act. 3. Support increase in transportation revenues, funding sources, and financing mechanisms which enhance the region's ability to implement its transportation plans. a. Support efforts to secure increased budget appropriations for transit,highway and Amtrak operations in California and San Luis Obispo County. b. Support increases in truck fees commensurate with use of and damage to roadways. c. Support increases in federal fuel taxes for transportation programs. d. Support increases in Federal funding for transit system expansions and operations. e. Support legislation to provide sufficient/additional funds to offset the cost of implementing the Americans with Disabilities Act mandates. f. Support legislation or regulations that provide sufficient/additional funds to offset the cost of implementing the Clean Air Act 4. Reduce or eliminate costly or duplicative administrative and regulatory requirements. a. Monitor and take proactive positions related to rules and regulations established pursuant to the Clean Air Act of 1990 and the Surface Transportation Act to ensure the continued development and funding of transportation projects that provide air quality benefits and congestion relief. b. Supporttax benefits and incentives for transportation demand management programs and the use of public transit 4 S. Enhance the safety, efficiency and effectiveness of the transportation system for all segments of the population. a. Support legislation and administrative policies to permit and encourage expanded rail service along Amtrak routes. b. Support legislation that encourages and provides funding for research to create uniform standards for lifts, securement devices and wheel chairs. e. Support legislation providing funds for research and development of alternative fuels or other technologies, and conversion of existing vehicles to meet new air quality standards. f. Support legislation that establishes a national energy policy. • 5 jbUJk�9