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HomeMy WebLinkAboutAgenda Packet 10/13/1992 # PI�LIC REVIEW DOPY # PLEASE DO N(}T REMdVE OMER A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING CITY ADMINISTRATION BUILDING 6500 PALMA AVENUE, 4TH FLOOR ROTUNDA ROOM OCTOBER 13, 1992 7:00 P.M. - This agenda is prepared and posted pursuant to the requirements of Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expresseA its intent to discuss and act on each item. In addition to any action identified in thi brief general description of each item, the action that may be taken shall include: A referral to staff with specific requests for information; continuance; specific direction to staff;concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption orapproval; and, disapproval. Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the office of the City Clerk (Room 208) and in"the Information Office (Room 103), available for public inspection during City Hall business hours. The City Clerk will answer any questions regarding the agenda. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office ((805) 461-5010) or the City Clerk's Office ((805) 461-5074). Notification at least 48 hours prior to the meeting or time when services are needed witl assist the City staff in assuring that reasonable arrangements can be made to provide acceW bility to the meeting or service. 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 everypne 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 COMMUNITY FORUM: The City Council values and encourages exchange of ideas and comments from you, the citizen. The Community Forum period is pro- vided to receive comments from the public on mattors 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 elected official, commissions and staff. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports will be given, as felt necessary. ) 1. S.L.O. Council of Governments 2. S.L.O. Regional Transit Authority 3. Solid/Hazardous Waste Task Force 4. City/School Committee 5. Traffic Committee 6. County Water Advisory 'Board 7. Economic Round Table 8. Colony` Roads Committee 9. Liability Claims Review & Finance Committee 10. Homeless Coalition B. CONSENT CALENDAR: All matters listed under Item B, Consent Calendar, are consid- ered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. A member of the Council or public may, by request, have any item 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 SEPTEMBER 8, 1992 2. RESOLUTION NO. 98-92 - GRANTING AN EASEMENT TO SOUTHERN CALI- FORNIA GAS COMPANY NEAR SANTA CRUZ RD. AND HWY. 101 3. RESOLUTION NO. 95-92 - AUTHORIZING THE FILING OF ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT 4. ACCEPTANCE OF FINAL TRACT MAP 30-90, 51605180 PALMA AVENUE - Subdivision of two `Colony lots into six lots ranging in size from 5, 194 sq. ft. to 6,958 sq. ft. (Hazard/Tartaglia-Hughes) 5. CHANGE OF A PRIVATE ROAD NAME FROM TIRO LANE TO LENOSA LANE FOR THE CUL-DE-SAC SERVING TRACT NO. 1893 LOCATED OFF OF SANTA CRUZ RD JUST NORTH OF SAN GREGORIO RD. 2 i E 6. RESOLUTION NO. 96-92 - REVISING THE CITY'S SALARY/CLASSIFICA- TION SCHEDULE FOR FISCAL YEAR 199293 7 . RESOLUTION NO. 97-92 - AMENDING THE CITY'S CONFLICT OF INTER- EST CODE 8. AWARD OF BID NO. 92-10 FOR PAVEMENT STRIPING OF VARIOUS CITY STREETS 9. PROPOSED REDUCTION OF PUBLIC EMPLOYEES' RETIREMENT SYSTEM RATES FOR PUBLIC SAFETY EMPLOYEES 10. ADOPTION OF CENTRAL BILLING & COLLECTIONS PROCEDURES C. PUBLIC HEARINGS: NONE D. REGULAR BUSINESS: 1. AMAPOA-TECORIDA DRAINAGE PROJECT STATUS REPORT 2. PAVILION AND OTHER CITY FACILITIES USAGE FEE RECONSIDERATION 3. REQUESTS FOR FEE REFUND OR MODIFICATION A. Development Impact Fees - 9405 Jaquima (Lund) B. Sewer Charges - California Manor, ` 10`165 t1 Camino Real (Young) 4. RESOLUTION NO. 94-92 - RESCINDING RESOLUTION NO. 110-88 AND AUTHORIZING THE COOPERATIVE CLOSURE OF PORTIONS OF EAST MALL AND PALMA ON WEDNESDAYS, BETWEEN THE HOURS OF '`' 2:30 AND 7:30 P.M. , FOR THE NORTH COUNTY FARMERS' MARKET 5. FIRE DEPARTMENT MATTERS: A. Resolution No. 101-92 - Authorizing the execution of an agreement with the State Office of Emergengy Services for temporary transfer of vehicular equipment; B. 1993 State Muster 6. ORDINANCE NO. 257 - Amending Title 3, Chapter 3 of the Atascadero Municipal Code as it relates to the City's Transient Occupancy Tax (Recommend motion to adopt on second reading by title only) 7 . ORDINANCE NO. 258 - Amending Title 3, Chapter 5 of the Atascadero Business Licenses Municipal Code as it relates to Bus' P � (Recommend motion to adopt on second reading by title only) 3 I 8. ORDINANCE NO. 259 - Adding Chapter 13 to Title 3 of the Atascadero Municipal Code approving the implementation of a State-authorized program to recover costs of responses to emergencies caused by drunk or reckless drivers and providing guidelines and procedures therefore, pursuant to California Government Code 53150, et seq. (Recommend motion to adopt on second reading by title only) 9. ORDINANCE NO. 260 - Adding Article 10 to Title 3, Chapter 5 of the Municipal Code regarding Alarms (Recommend motion to adopt on second reading by title only) 10. ORDINANCE NO. 261 - Amending Map 6 of the Official Zoning Maps by rezoning certain real property at 4650 Traffic Way from RMF/10 to RMF/10 (PD7) (ZC 92005. Haas) (Recommendmotion to adopt on second reading by title only) E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Attorney 3. City Clerk - CCAC Workshop at Cal Poly September 25-26 4. City Treasurer 5. City Manager CLOSED SESSION: The City Council will adjourn to a Closed Session for the purpose of discussions regarding pending litigation entitled, City of Atascadero v. Michael Hawkins and Mike Bewsey. Said Closed Session to be held pursuant to Government Code Section 54956.9. NOTICE: THE COUNCIL WILL ADJOURN TO SATURDAY, OCTOBER 17, 1992, FOR A ONE-DAY CONFERENCE, "DESIGNING THE FUTURE OF SAN LUIS OBISPO COUNTY", TO BE HELD AT THE EMBASSY SUITES IN SAN LUIS OBISPO, CALIFORNIA 4 Agenda Item: B-1 Meeting Date: 10/13/92 ATASCADERO CITY COUNCIL SEPTEMBER 81 1992 MINUTES The Mayor called the meeting to order at 7:05 p.m. Councilperson Kudlac led the Pledge of Allegiance. ROLL CALL: Presents Councilmembers Bewley, Borgeson Kudlac, Luna and Mayor Nimmo Absent: None Also Present: Muriel "Micki." Korba, City Treasurer and Lee Raboin, City Clerk Staff Present: Ray Windsor, City Manager; Henry Engen, Community Development Director; Art Montandon, City Attorney; Mark Joseph, dmnistrative Services Director; Greg Luke, Public Works Director; Mike McCain, Acting ,F re Chief; Lt. John Barlow, Police Departme t and Steve DeCamp, City Planner PRESENTATION: Mayor Nimmo presented a plaque to outgoing Planning Commissioner Ken Waage. PROCLAMATION: Mayor Nimmo read the proclamation for United Way/Neighbors Helping Neighbors "Good Neighbor Months" September -Decenber, 1992 and presented it to Jon DeMorales`, Campaign Chairman. COUNCIL, 'COMMENTS: Councilwoman Borgeson announced she had been asked o participate on a citizen' s committee to pursue and promote an inter-modal transportation facility in Paso Robles. In addition, she reported that the City of San Francisco has an ordinance limi ing where one can display a "For Sale" sign in a vehicle and proposed that this kind of regulation mightaffect the number of requests for (and opposition to) red curbing. CC09/08/92 Page 1 000001 COMMUNITY FORUM: There were no comments from the public. A. COMMITTEE,REPORTS (See pages 9-10) . B. CONSENT CALENDAR The Mayor read the Consent Calendar, as. followss 1. CITY COUNCIL MINUTES - JULY 28, 1992 - 2. CITY COUNCIL MINUTES - AUGUST 11, 1992 3. CITY COUNCIL MINUTES - AUGUST 20, 1992 (Special Meeting) 4. TREASURER'S REPORT - JULY, 1992 5. RESOLUTION NO.- 81-92 -- SEWER EASEMENT ABANDONMENT, 7110 SERENA (Aggson/City of Atascadero) 6. RESOLUTION NO. 82-92 - DESIGNATING A STOP INTERSECTION ON COL- ORADO ROAD AT SAN RAFAEL ROAD MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to approve Consent Calendar Items #B-1 through 6., motion carried 5:0 by roll call vote. C. PUBLIC HEARINGS: 1. BLOCKBUSTER VIDEO A. Precise Plan 92-008 - Appeal of Planning Commission's approval of 6,000 sq. ft. commercial building at 7025 E1 Camino Real (Jerry Taft) Henry Engen presented the staff report and recommendation to deny the appeal. He provided an overview of the seven-point appeal and pointed out that if the proposed use was for an existing building, the project would not have been subject to the appeal. Council questions and comments followed regarding potential traffic impacts. Councilman Kudlac voiced concerns relating to traffic flow in and out of the shopping centerat Santa Ysabel and in regard to the twenty-foot minimum landscape setback as set forth in the Downtown Master Plan. Mr. Engen clarified that the shopping center was located just outside the adopted boundaries of "downtown" and the implementing downtown rezoning therefore did not establish a twenty-foot setback on the property in question, He also reported that the Santa Ysabel entrance and exit was not addressed as part of the proposed project, but would be considered as part of the Highway 41 expansion. Councilwoman Borgeson asserted that the Highway 41 extension is still "down the road" and CC09/08/92 Page 2 000002 argued that the subject project should have been '':condit.ioned to address the driveway. Mr. Engen remarked that the 'applicants had already agreed to certain modifications, and to additional inquiry by Councilwoman Borgeson, indicated that a site-specific traffic analysis had not been done. Public Comments: Jerry Taft, appellant, read a prepared statement in' support of his appeal (see Exhibit A) . Dave Fulton, 8152 Santa Rosa Road, voiced concern for traffic impacts and proclaimed that out-of-town business owners do not know what the community needs are. Eric Greening, 7365 Valle, noted that Committee Reports had been jumped over and asked that they be given as the next item of business. Addressing the appeal, Mr. Greening shared concerns regarding traffic issues and described the proposed building location as unsuitable. Barbara Sims, 10835 Colorado, stated that the project will not promote the unique and rural atmosphere of the community. She asserted that the City must control what type of business goes in and argued that the proposed use would not meet the needs of the City. In addition, she asked for a focused Environment Impact Report for the project. Glenda Taft, appellant, argued that approval of the project would affect the health and welfare of her family and employees. Peter Boonisar, 5212 Magdelena, suggested that increased traffic from the video store would be minuscule compared to the effects of the proposed Highway 41 extension. Mr. Boonisar spoke in favor of the project. Lanny Miller, 8330 Santa Rosa, asked if the video store was a legal use and pondered whether it was right or wrong for the City to regulate the location of a business. Curtis Land, 9350 Santa Clara Road, reported that he had built the Blockbuster Video store in San Luis Obispo and indicated that there have not been traffic problems in the shopping center where it is located. He described Blockbuster Video as a community-oriented franchise and suggested that the City welcome the project with open arms. Ken Waage, 7350 Balboa, proposed that the project be conditioned to provide modifications to the entire shopping center parking lot, including bringing the lot up to current standards and installing medians and landscaping. Dennis Lochridge, 10450 Morro Road, stated that the appeal was not CCO9/O8/92 Page 3 000003 just about competition or comparison shopping. He argued that the project, or any other proposal abutting the downtown district, should be asked to honor the same setbacks set forth in the Downtown Master Plan. Robert Fisher, architect representing the applicant Pacific Entertainment, debated the issues set forth in the appeal and urged denial. He argued that the site is not located within the Downtown Master Plan boundaries and is, therefore, not - subject to the twenty-foot setback standard. He pointed out that Caltrans -had already prepared an EIR and proclaimed that the project would not - complicate traffic. In addition, he reported that parking is more than adequate for the site and emphasized that although twenty spots are required, the project will have thirty. Mr. Fisher- brought attention to benefits of the project, which included an increase in property and sales tax, and a well-designed alternative to an unsightly corner. In conclusion, he asserted that the basic thrust of the appeal was a matter of competition and contended that the City cannot regulate that. Larry Flagg, broker representing Blockbuster Video, provided background on research and acquisition for a suitable site. He indicated that his client was originally interested in the site directly next to Payless and reported that Payless had raised an objection and asked Blockbuster to locate elsewhere. He pointed out that Blockbuster Video has been up front from the beginning about this project and described the proposed project as a fine use. Mr. Flagg asked Council to deny the appeal. Peter Boonisar, speaking once more, stressed that people will comparison shop on their own and encouraged Council to avoid stifling competition. ---End of Public Testimony--- Councilman Kudlac read a portion of the Draft EIR for the proposed Highway 41 Extension regarding levels of service and shared concerns for the traffic impacts and piecemeal expansion. He stated that he wanted to see a comprehensive plan for development. Councilman Bewley remarked that he did not believe traffic was the issue and argued that the matter really was about competition. He pointed out that the applicants had met all the criteria and there was no reason to deny the use. He declared City government cannot regulate where business can go. Councilwoman Borgeson reiterated her concerns relating to traffic and stated that the Council had a responsibility to protect the public against inappropriate development. Mayor Nimmo remarked that it was not the business of City government to decide how many businesses come to town and where they are located. He shared concern that the City is sending a CC09/08/92 Page 4 000004 message to chains and franchises that they are not welcomed in Atascadero. The Mayor indicated that he would vote to deny the appeal because the applicant had met all the requirements and staff had responded to all seven concerns of the appellant. MOTION: By Councilwoman Borgeson, seconded by Councilman Luna to uphold the appeal of Glenda and Jerry Taft of approval of Precise _Plan 92-008 and direct staff to bring back Findings for Denial. Discussion on the motion: The City Attorney, '', responding to - inquiry by Councilman Luna, indicated that the discussion was sufficient to come back with findings. Councilman Luna stated that he had a problem with the Negative' Declaration. - Councilman Bewley repeated that the applicant had met all the criteria and voiced concern about possible litigation. Mayor Nimmo insisted that the Council would be acting irresponsibly if it votes to deny the project and uphold the appeal. Vote on the motion: Motion to uphold the, appeal passed 3:2, Councilman Bewley and Mayor Nimmo voting in opposition. B. C.U.P. 92-007 - Reconsideration of appeal of Planning Commission signage approval for wall signs facing El Cam- ino Real and Santa Ysabel (Cont'd from 8/25/92) This item moot due to the action taken on the above. 2. SIGN ORDINANCE (City-initiated) A. Ordinance No. 255 - Repealing Sec. 9-4.130 through Sec. 9-4. 136 and Sec. 9-7.109 of Title 9 and adding Chap. 15 to Title 9 of the Atascadero Municipal Code regarding signs (ZC 92-006) (Recommend ( 1) motion to waive reading in full and read by title only, and (2) motion to introduce on first reading by title only) Henry Engen provided the staff report and recommendation. City Planner, Steve DeCamp responded to Council questions relating to political signs, the current enforcement process,' poll-mounted signs and abandoned signs. Public Comments: Russ Kolemaine, representing the Atascadero Chamber of Commerce, reported that the Chamber was comfortable with the recommendations and that there was general agreement on the document. He pointed out that there were still a couple of issues of concern relating to monument signs, community identification signs and window signs. In closing, Mr. Kolemaine commended Steve Decamp and staff on the comprehensive re-write. CCO9/O8/92 Page 5 000005 Tom Jespersen, Jaime' s Flowers & Antiques, spoke in favor of banner signs and asked for more leniency in their use. Carol Hull-McCouley, Safe signs of Atascadero, congratulated staff on the document and indicated that she was in support of its' adoption with the exception of two points. She mentioned that she was still in favor of the Chamber' s original suggestions regarding recommended materials for banners and proposed that consideration be given to allowing banners made from vinyl. In addition, she stated that she believed the freeway-oriented signs were still too preferential. - Doug Lewis, Tunitas Avenue resident, asked for clarification about signage for kiosks. Mr. DeCamp noted that, at present, the City- does not have any information kiosks. ---End of Public Testimony--- Councilwoman Borgeson encouraged Mr. Jespersen (Jaime's Flowers & Antiques) to find a more attractive kind of signage and mentioned that she thought his present banner sign was ineffective. Councilman Kudlac spoke in support of adding vinyl to acceptable types of banner material. Councilman Bewley agreed and added that he would also be supportive of extending the allowable number of days a business can display a banner sign. Mayor Nimmo indicated that he would not be opposed to these suggestions and proposed that some variation in color for awnings be permitted. Councilwoman Borgeson agreed. Steve DeCamp reported that the Downtown Master Plan gave support to awnings in dark green and added that the Downtown Sign Committee had been unanimously in favor of the recommendation. He suggested, however, that language be added to the ordinance that would, by administrative use permit, allow awnings in other colors. By consensus, the following amendments to the proposed ordinance were approved: (1) Section 9-15.002(c.14) Banner Signs: Add "vinyl" and change 1114" days to "20" and (2) Section 9-15.005 (b.lc) Awning Canopy Colors: Add language allowing for other colors by administrative use permit. MOTION: By Councilman Luna, seconded by Councilman Bewley to waive the reading in full of Ordinance No. 255; motion carried unanimously. MOTION: By Councilman Bewley, seconded by Councilman Luna to approve Ordinance No. 255 on first reading, by title only; motion passed 5:0 by roll call vote. Mayor Nimmo congratulated the Chamber of Commerce for outstanding contributions to the comprehensive re-write of the sign ordinance. CC09/08/92 Page 6 000006 B. Ordinance No. 256 - Amending the Zoning Ordinance Text to add a procedure for Administrative Use Permits (ZC 92- 007) (Recommend ( 1) motion to waive reading in full and read by title only, and (2 ) motion to introduce on first reading by title only) Steve DeCamp provided a brief report and responded to questions from Council. He explained the streamlining _ intent of the ordinance and emphasized that adjacent property owners are notified and given the opportunity to respond to certain land use-proposals. - There were no comments from the public. - MOTION: By Councilman Luna, seconded by Councilman Kudlac to waive the reading in full of Ordinance No. 256; motion carried unanimously. MOTION: By Councilman Luna, seconded by Councilman Kudlac to introduce Ordinance No. 256 on first reading, by title - only; motion passed 5:0 by roll call vote. D. REGULAR BUSINESS• 1. REVENUE ENHANCEMENT REPORT - COUNCIL REVIEW AND DIRECTION Mark Joseph provided an overview of the packet of proposed revenue enhancements. The Mayor asked for a presentation from each department head. Community Development Department: Henry Engen presented six recommendations for fee increases. Mayor Nimmo stated that he would support only an increase for Requests for Information. Councilman Luna proclaimed that the City was subsidizing development, was not re-cooping its, coots and was in favor of all proposed cost-recovery measures for the Community Development Department. Councilwoman Borgeson agreed, adding that the City should ask for more funds up front. Councilman Bewley concurred with the Mayor and asserted that now was; not the right time to raise development fees. Consensus: Approve the recommendation for increasing fees for Requests for Information. Public Works Department: Greg Luke highlighted four areas for potential fee increases. Mayor Nimmo spoke in favor of raising Dial-A-Ride fares, but pointed out that he would prefer to wait until the: City receives the results of the Wil-Mar Disposal audit before examining the option of increasing trash franchise fees. Councilmembers Borgeson and Bewley indicated that they would like to see staff come back at CCO9/O8/92 Page 7 000001 a later date with additional information on sewer fees. Consensus: Approve the recommendation to increase Dial-A-Ride Fares by twenty-five cents. Police Department: Lt. John Barlow presented recommendations for cost-recovery fees. Consensus: Approve revised Cost Recovery Schedule of Fees, as presented and recommendations to bring back for formal action - two ordinances implementing cost recovery policies for response to emergencies relating to driving reckless or under the influence and response to false alarms. Fire Department: Mike McCain, Acting Fire Chief, responded to questions regarding the department' s comprehensive packet of proposed cost recovery fees. Brief discussion ensued regarding paramedic fees. The City Manager provided background and pointed out that he, the Fire Chief and other members of the City Managers/Fire Chiefs Committee on Ambulance were in favor of the recommendation. He noted that staff would bring back, at the next meeting, a resolution of county-wide support. Consensus: Approve the Fire Department's Fee Schedule, as presented. Administrative Services: Mark Joseph briefly explained a number of revenue options. Consensus: Approval for raising the City's Bed Tax, revising the Business License Ordinance and implementing centralized billing. Community Services Department: Andy Takata reported that he was not proposing any new or revised fees at this time. He explained that he would, as previously directed, soon be coming back to Council with a six-month status report on fees relating to the Pavilion. 2. ORDINANCE NO. 254 - ENABLING MANDATORY WASTE COLLECTION EXEMP- TIONS, AMENDING TITLE 6 OF THE CITY MUNICIPAL CODE (Health & Sanitation) (Recommend ( 1) motion to adopt on second reading by title only) MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt Ordinance No. 254 on second reading. CC09/08/92 Page 8 000008 3. DESIGNATION OF VOTING DELEGATE AT ANNUAL LEAGUE MEETING (October 10-13, 1992) Councilman Kudlac reported he would be attending the League Conference. Mayor Nimmo, with consensus from the Council, appointed him the voting delegate. E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council The City Manager mentioned that staff had proposed scheduling a workshop for the Council and the public on solid waste issues for Tuesday, October 13, 1992 at 6:00 p.m. Councilman Kudlac asked- that another date be selected because it would conflict with his attendance at the League Conference. Councilwoman Borgeson requested that the workshop be conducted as a special session and not be added to a regular meeting. Mr. Windsor indicated that staff would come back to Council on this matter. City Manager: Mr. Windsor recognized resident Doug Lewis at the podium. Mr. Lewis criticized the Council for not having invited public comment on the second reading of Ordinance No. 254 (Item #D-2) and added that the staff report did not indicate what types of 'exemptions for mandatory trash collection were allowed. The City Attorney explained that exemptions had been adopted by resolution at the previous meeting and indicated that copies were available in the City Clerk' s office. The Public Works Director noted that applications for exemption were being accepted and could be obtained in Room 103 of City Hall. Brief discussion ensued regarding public hearings for the first and second readings of City ordinances. Councilwoman Borgeson noted that she thought it more appropriate to hold a public hearing at the second reading. Mr. Windsor stated he would check with the League of California Cities to determine what prevailing practice is among cities. A. COMMITTEE REPORTS (The following represent ad hoc or standing committees. Informative status reports were given, as follows. ) : 1. S.L.O. Council of Governments - Mayor Nimmo reported that there would be an Executive Committee meeting on September 16, 1992 to determine whether the Highway 41 Extension will come back before SLOCOG. 2. S.L.O. Regional Transit Authority - Mayor Nimmo stated that this committee was in the process of 'finalizing the appointment of a full-time manager. CC09/08/92 Page 9 000009 3. Solid/Hazardous Waste Task Force - Councilwoman Borgeson reported that the Task Force had met on September 3, 1992 and reviewed the status of the proposed Joint Powers Agreement. 4. City/School Committee - The City Manager mentioned the next meeting would be on September 17, 1992. 5. Traffic Committee - Greg Luke noted that Council had acted upon a committee recommendation as part of the Consent Calendar (see Item #B-6) . In addition, he - remarked that discussion had ensued regarding traffic around the new San Benito Elementary School. 6. County Water Advisory Board - Councilwoman Borgeson reported on the meeting of September 2, 1992. She explained that there had been a committee discussion regarding non-member participation and it was agreed that the Board would continue to accept public comments. In addition, the Board received an update on the County- implementation of the State Water Project of the Coastal Branch, status report on the preliminary engineering data for the Nacimiento Water Supply Project and listened to a presentation by Tim Cleath on the Groundwater Evaluation and Modeling for the City of Morro Bay. At 10:50 p.m. , the Council adjourned to a Closed Session for purposes of discussions regarding the impact of the adoption of the State Budget and matters relating to Personnel. At 11: 18 p.m. , Council moved back into Open Session for the purpose of appointing Mayor Nimmo and Councilman Luna to work with the City Manager, the Assistant City Manager and the City Attorney in the preparation of a budget reduction plan. THE MEETING WAS ADJOURNED AT 11:20 P.M. THE NEXT MEETING OF THE ATASCADERO CITY COUNCIL WILL BE TUESDAY, SEPTEMBER 22, 1992 AT 7:00 P.M. MINUTES RECORDED PREPARED BY: 1 < LEEIU66IN, City lerk Attachment: Exhibit A (Taft) CC09/08/92 Page 10 000010 CC09/08/92 D15 EXHIBIT "All 1E PT E M B E R 7. 1992 Page 1 To: ATASCADERO CITY COUNCIL Re: Precise Plan #92-008 PiT On the 8TH of September I ' ll be coming to the City"!Council meeting to voice my appeal an the Blockbuster project. I would like to give you a few thoughts of mine why I believe this project should not be passed . Hopefully, you will- have time to think about this for awhile and then come up with the same conclusion about it as I have. 1st on the Attachment C, Findings on Approval , I would like to comment an paragraph 3. It reads, the establishment and subsequent opera-tion or conduct of the use will not, because of the circumstances and conditions applied in the particular case be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental ,or injurious to property in the vicinity of the use. I believe this to be an the contrary. Because, if 'Blockbuster is allowed to operate in the same shopping center as we are in, then they will certainly take a great part of our business or income from us. . When they take that business from us that is detrimental to my wife and I and my employees welfare. And when we have a price war and have to lower the price on our movies, that means less money for public services, which means, it is detrimental to the general public. And if by chance I am put out of business this means that my building ''would be sitting empty like dozens of other buildings in town and that would certainly be injurious to the property owner of my building . ' Keep in mind , there are 61 empty stores an El Camino and Morro Road at the present time. ALSO THE PEOPLE WHO OWN THESE FRANCHISES LIVE OUT OF THE AREA AND THUS THE MONEY OR PROFIT GOES OUT ALSO. THE MONEY WE MAKE, STAYS IN TOWN ! In reference to the Appearance Review Manual , page 18, 4A: I believe the Blockbuster building will be contrary to the orderly development of the shopping center. Other stores are made up of slump stone and blocks except coronet and it is concrete (which is compatible with stone and block . ) Why should there be a store in front of all of these that conform to each other that' s made of wood and stucco and does not conform to the rest of the center. The architect stated in a letter that their building would relate more to the Century Federal building than to the shopping center buildings. But I believe it should relate more to the center it is located in . Mr. Fisher also stated that the use of concrete blocks is unimportant or insignificant in creating a conforming look to this group of set buildings, yet further in his letter he suggested that his building • some kind of tone or standard for the future remodeling of the shopping 000.011 CC09/08/92 EXHIBIT "A" - Pg. 2 center. So what is he saying;; now that Blockbuster is going stucco, tha t the rest of the center has to conform to them" I say it is time to mak:e the aut of towner conform to th . city ! is Concerning the compar' sion and Convenience shopping needs: S+tK 1:+,Jji.�d or regarding item #7, he says compar.ision As very well stated d}!=r �,:;. ,. , and convenience shopp iN.(j-='r-5`•;aohie.ved when compatible Land users are grouped together providing patrons with the ability to meet varied shoppi�: needs in one location . Using the Websters Dictionary, the word varied means "consisting of different sorts, as you need more of a varied diet. Having two video stores in the same center that sell or rent the exact same movies and merchandise is absolutely not varied or consisting of different sorts and has absolutely nothing to do with comparison - shopping. And what convenience is it to have two stores alike when you have to 5o some place else to do the rest of your shopping because there wasn ' t a variety of stores to choose from. So I must say this project does not follow the General Flan Direction as written on Page II-14. Common sense will tell you this, and this item alone should be enough to shut this project down . The current minimum parking requirements for Lot 11 is 152. The parking spaces for the project if Hwy. 41 goes thur will be 9 less than the required minimum. The City staff believes there are grounds for granting the lesser than the minimum parking . They say these grounds are based on the comparitive shopping aspects of retail uses. So again , I refer back '' item #7 where I 've shown there are no grounds for comparitive shopping which means there are no grounds for granting the lessor parking . Concerning -the minimum 20' land setback: required by the Atascadero Downtown Master Flan , this project does not allow for it. Concerning the EIR, there has been no EIR completed on the exact increase- in traffic or a project specific engineered traffic analysis prepd entire for this project. There needs to be study made encompassing the shopping center including the flow of traffic in the shopping center and its potential future growth and impact it will have on the traffic on HWY. 41 East and West and E1 Camino Real . There have been 1300 people who have signed a petition who do not agree with this project and want some answers on the future of this shopping center. Sincerely, .JERRY TAFT 7109 E1 Camino Real Atascadero, Calif . 93 . 2 8o5-466-9590 000012 REPORT TO CITY COUNCIL Meeting Date: 14-13-92 CITY OF ATASCADERO Agenda Item: B-2 Through: Ray Windsor, City Manager From: Greg Luke, Director of Public WorksCL SUBJECT: Grant of Easement - Southern California Gas Company. RECOMMENDATION: Staff recommends that Council adopt attached Resolution No. 98z-92. D16CUESION: The Southern California Gas Company is currently laying gas line in the northwest corner of the city near HighWiLy 101 and Santa Cruz Road. During ;this installation they will reed to cross a creek reservation held by the city. FISgM IMPACT: None. 000013 RESOLUTION NO. 98-92 RESOLUTION OF THE COUNCIL OF THE- CITY I E CITY OF ATASCADERO GRANTING AN EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY WHEREAS, the -Southern California Gas Company provides natural gas service within the City of Atascadero; and WHEREAS, extension of service facilities across property owned'by the City of Atascadero is required for service expansion; and WHEREAS, the Southern California Gas Company has prepared the required easement documents (Attached Exhibit A) . NOW, 'THEREFORE, BE IT RESOLVED that the Mayor is authorized to execute all documents necessary for the granting of this easement. On motion by Counclmember and seconded by Councilmember , the foregoing Resolution is hereby adopted in its, entirety on the following roil call vote AYES: NOES: ABSENT: ADOPTED: ATTEST* CITY OF ATASCADERO By: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM; ARTHER' MONTANDON, City Attorney APPROVED AS TO CONTENT:: GREG LUKE, Director of Public Works 000014 WHEN R600NDEP MAIL TO f OOi1T#14 M CALIFOItt0A"Oeq. UNGINKFAINO DOPARTPAUM N10MT OF WAY SNC"ON P.O.V*X 0410.YMMINAL ANNSI( LOG ANpHLSta,OAI.IPORNIA eo0ai SPAOQ ABOVtf1 THIS IJNH FOR RLOQNOFR•S Una DOgIMOfiARY MAK"TAX S COMPUTED ON FAL VALUE QP ISOPE "WMYOM ��rMIr11A eus Q1AAyf� AOfN� :142 1wE wura RIQ"T OF WAYFOR A PONNI APATION the CitY of Atascadero of IIN GO1In0►al Sin Luis Obi sI'o,.__, .SMIe of CslNDnVk do—AS.,-pram io SouOwn *00 n"WR40 W4 Illus WWW loaf by WOW@ al dW laws Of 00 Safe OI stiomlA G"Company.•oorpof- Nomla ihNr euogssarsanb"ns,a d&of weir b lay.POnslfuQt,mslnp�ln,oP•rsls.IipSiri frllew. f11s sks Of ow WOW*0M1 w aloha pips NMs.'wNh r U16 nq o1Mf puiPllNll+t for HMI rMNon of M@Wft•masurMa. s P n*=pWuc%OW 0Vw substances.w hh Vw rials of 1llpmas and 0"I!p an41►4rn IM WK ow-ifioy$k under snd"Wonp#At WOW of Iand_ 20 IM b widft ln _.San LMJ Obi Xpo tea.CONWM6 wwo Is ss Nows: SOO 9XHIBITS A S B attached hereto And made a part hereof by references TopauW wNh vw flght 10 use w4nW*nbu"lsnrl when oonslruc"P"ffm and >rtNl�AttlMtlt iRsl1>ldpct kpANc�ci1lttc ihQ of rNeonsbls inlpa�t111d sprue owr Wanl O wapsrfy b and Isom tlahl of ways. Y N bs —10 IuNY use ft w9wees.Ncospt as Ip"Hphb Orsn04 ind 1ha pnMsss apes to pay paps,Nnoes ar buNdfnps 4om aN wyba,oonstruodprl,mainfenanae or anydenagms whidl 'pranbr ehsN nM oonabvot Or nulkdeln on tMrsall n of the pips NnR,PrONded.however.ffMt sim0"V,PAM hese.Inunds*Or P sea,ova►wfddl this flgM d way b pramed any bu(I�npe ar.o1Mr mutwNY agreed up ft srs b be ss oda w Me�~s'mss f0 ams,�Oss.buNdNps Or otfNr aauahr rs,a nm Qlwby MItN�WMbrestsd Persons:ons b bs s PDkftd by the Onrup f� or essipns aW 4Y the prenteas;or saslans,end V*>f sN byw aIwo 40 eppoln"The award of dw Uns parsons, . or tiny Iwo Of OWNNuN bNns oottdysNra, p+►YMOa WHEAeQF.thoea props""4r#Mr*y drW tfdi "t I M Ifs mWos ok day of 19 $ubsarRllrrs Wlbsdp — - 000015 f d r 610 "r- , i .ai'c4, A 0 to 41 $' rsA 5 • ^N f'•D.d., f�'NYT pFegEErs/SYN/Nfs . i tars M-41,v --- —--- — _ 00001G LEGAL DESCRIPTION That portion of Graves Creek Reservation No. 1 of Block 50 of Atascadero Colony in the City of Atascadero, County of, San Luis Obispo, State of California, as per map recorded in Book 3AC, Paige 67 of Maps, in the Office of the County Recorder of said county, said portion being a strip of land 20 feet wide, the centerline of which is described as follows: Commencing at the angle point on the northerly boundary line of Lot 2 of said Block 50of Atascadero Colony, . said point also being- on the Atascadero Colony boundary line, said point-being marked by a 1* inch diameter brass tag stamped R.C.E. 20244 and noted as 11M11" on map recorded in Book 66, Page 28 of licensed Surveys in the office of the County Recorder of said County; . Thence N 440 42' 04" W 129.72 feet along the said Atascadero Colony boundary line to a point on 'the westerly boundary line of the said Graves Creek Reservation No. 1; Thence S 280 50' 51" W 22.09 feet along the said westerly boundary line of said Graves Creek Reservation No. 1 to the True Point of Beginning; Thence S 290 05' 46" E 47.56 feet to a point on the easterly boundary line of said Graves Creek Reservation No. 1, said point being the Point of Terminus. The above described parcel of land is graphically shown on Exhibit "B" attached hereto and made a part hereof. END DESCRIPTION Q�CofESSlp 00 Na 20,244 UP. 9.93 `req IV1 lel F CA0d� 0000 '7 REPORT TO CITY COUNCIL Agenda Item B-3 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 10/13/92 From: Mark Joseph, Administrative Services Director SUBJECT: Annual Claim for Local Transportation Funds. RECOMMENDATION: Adopt Resolution 95-92, authorizing the filing of a claim for Local Transportation Funds. BACKGROUND/DISCUSSION: The City annually files a claim for its share of local transportation funds. Our efforts are coordinated through the SLO Council of Government (SLO-COG) . Funds are used to cover local transit needs (i.e. , Dial-A-Rids) ; two percen is earmarked ' for Bike/Pedestrian `Bikeways; and any remaining bal ce may be used for streets and roads. Most of the current year's claim will be assigned to Dial-A- Ride. Fortunately, the amount the City is actually eligible to claim is higher than 'budgeted; the result is more c n be used towards street improvements. The table below shows the budget versus claim�.m Dunt, by category. Table One: FY 92-93 LTF Budget vs. Claim CATEGORY PUDGET CLAIINCREASE Dial-A-Ride (LTF) 120,000 120,000 -0- Dial-A-Ride, (STA) -0= 817 817 DAR, Subtotal "120,000 120,817 817 Bike/Pedestrian Rtes. 7,300 81647 1,347 Streets/Roads (LTF) 40,000 98,754 58,754 Totals 367,300 428,218 60,918 a LTFUNDS #13a 000018 RESOLUTION NO. 95-92 A RESOLUTION OF THE COUNCIL OF THE CITY OF -ATASCADERO AUTHORIZING THE FILING OF A CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS IN COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT WHEREAS, Articles 4 and 8 of Chapter 4 of the Public Utilities Code requires claims for operating funds to be filed with the transportation planning agency by local transportation operators; and WHEREAS, the City,of Atasca.dero is eligible for transportation funds as provided in Chapter 4 of the Public Utilities Code; and: WHEREAS, the San Luis Obispo Area Coordinating Council is the designated transportation planning agency for San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby authorize the filing of a claim for Local Transportation Funds in the `amount of $428,218. If additional LTF funds become available said funds shall be used for the purpose of street maintenance. The claim farm is attached hereto marked Exhibit A and by reference thereof made a part hereof. On motion by Councilman and seconded by Councilman the foregoing resolution is hereby adopted in its entirety on the following vote: AYES:' NOES: ABSENT: DATE ATTEST'• LEE RABOIN, City Clerk ROBERT P. ' NIMMO, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARTHER MONTANDON MARK JOSEPH City AttorneyDirector of Administrative Services 000019 ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND . STATE TRANSIT ASSISTANCE FUNDS CLAIM #TDA-AT 92/93 FISCAL YEAR29 TO: San Luis Obispo Council of governments County Government Center San Luis Obispo, CA 93408 FROM: CLAIMANT: CITY OF ATASCADERO ADDRESS: 6x00 PALMA STREET CITY: TASCA© RO ZIP CODE: 93422 CONTACT: MARK JOS9P-H, FINANCEPHONE: 481-5017 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, In accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made for the purposes and In the respective amounts as described In the attached Project and Financial Plan claim form. a) Annual (LTF) Apportionment $ 427,401 1) Annual Bicycle/Ped. Apportionment$ 8,547 b) Annual (STAB Funds $ 817 1) Operator Revenues $ 817 2) Apportionment $ 0 TOTAL FUNDS BEING CLAIMED ARE $ 428,216 Claimant Signature: Title: Date: This claim was approved by San Luis Obispo Council of Governmentsat their August 5, 1992 meeting, by Resolution No. 9213, Ronald L. De Cad, Executive Director Date 000020 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem: B-4 Through: Ray Windsor, City Manager Meeting Date: 10/13/92 File No TTM 30-90 From: Henry Engen, Community Development Director SUBJECT: Acceptance of Final Tract Map 30-90 (Planned Development Overlay zone (PD7) to allow a subdivision of two Colony lots into six lots ranging in size from 5,194 square feet to 6,958 square feet at 5160/5180 Palma Avenue (Jim & Kris HazardjTartagl -Hughes) . RECOMMENDATION: Acceptance of Final Tract Map 30-90. BACKGROUND: On March 26, 199`1 the City Council tentatively approved this map, subject; to certain conditions and in concurrence with the recom- mendation of the Planning Commission. All conditions of approval have now been complied with by the applicant. HE:<ph cc:° James & Kris Hazard Tartaglia-Hughes Engineering 000021 � s � CITY . ♦ ♦ ♦ ® •COMMUNITY ♦ . +� DEVELOPMENT DEPARTMENT 114 Am e •gyp � , � �� +1r' .� ♦ +►�11 ♦t . is �. I' ow► r► *■ . ' . SAW pit r� ♦ ,'�► ` i 1i!®t o Imo....® ''*!t • ♦1`'�► � _ _ _ Ott It6014rkid r�rrr��►,. ::r 'fill • low man MR �► �► It 1 . -� ,,►,��*ice REPORT TO CITY COUNCIL CITY OF ATASCADERO Agend a Item: B_5 Through: Ray Windsor, City Manager Ntg-. ate: 10/13/92 From: Hengy Engen, Com. Dev. Director File o: TTM 89-027 SUBJECT Change of a private road name (from Tiro Lane to Le osa Lane) for the cul-de-sac serving Tract No. 1893 (Ryan/White) located off of Santa Cruz Road just north of San Gregorio Road. RECOMMENDATION Approval of the road name change from Tiro Lane to Eenosa Lane, a private street, serving Parcels #1, 21 5, "6, 7, and S. DISCUSSION On September 25, ;1990 the City Council approved Tentative Tract Map 89-027, an eight (8) lot subdivision (Tract 1893) 1ccated at 8700- 9000 Santa Cruz Road. The tentative map indicated a private roadway be constructed and named Tiro Lane. Although the map has 0 not fina.led yet, the private road serving the parcels has been constructed and posted as Tiro Lane. The City's Fire Department has recently noted that the road name, Tiro Larne, is in direct conflict with another :stre' in the city, E1 Retiro Avenue. The proposed name change is intended to avoid emergency response to the wrong street. Since the City , has initiated the request,- the City will provide. the street identification sign blade upon approval of the name change. The Community Development Department has been developing a list of possible road names from Cassell's Spanish Dictionary. From this list, staff proposes the name Lenosa Lane. The word "Lenosa" - translates to "woody; abounding or overgrown with woods. " It seems appropriate due to the dense undergrowth and trees that surround a majority of the road and parcels Also, the word is not confusing or difficult to pronounce. Most importantly, the name appears not to conflict with other City street names and has the approval of both the Public Works and Fire Departments. The property owners of the subdivision have indicated they support then a change. Attachment: Vicinity Map cc: Peter & Jean Ryan, Paul & Susan White, Proper Owners 000023 }': .-% '. T� ROAD NAME CHANGE CITY OF ATASCADERO 8700-9000 SANTA CRUZ ROAD ssy�a �...-, TTM 89-027 ARYAN WHITE) C'OM�1i UNITY DEVELOPMENT TIRO LANE TO LENOSA LANE DEPARTMENT _ fii I SITE (TIRO LANE) RS f oft Q• ( 'r .o t ' .ter �+ 1. s� ,•d i r h 000024 L; IMSOLMION NO. or MW Cr" I1<ior . .` i 1 Remna MM C2 i's `I MI rM'71 92/103 rTHE ,, W IT RESOLVED that the council f the City sWt�, 00040ro does hereby ratify: ftsition a" Sala't`y allocation �- and, �Jiob schedule and salary of positions allocated, by t Classification shall be as set forth in Rrhibits l to this ,resolution axed made a part of this rresol utio . , Section- 3�##+ssi tf�resr IIatt+r» The 'offe iv+e. ` t+ of �i solution shall be October 13,, 1992. Section 3. beloted/AdAod Classificas�tion$. The foal ' Positions are t friss the schedule adopted by ,3t solati t 71-92« uil.ding Offici.a.l sw lianoe'Official Assistant Finance Director Police Agent The following classifications are, a>� per the .at, alit: SeniorBuilding Inspector Accountant Section 4. 1,11* Ase nts changing n thcr t ,,1 ob 6 classification or the number of positions shall to by, Cot-Wil, resolution, r On<motion by CottiGil r , second d by Cts - member the foregoing resolution is her by � a n its entirety on the following vote: f AYES: NO83 Awn": ADOPTED; CITY OF ATTEST: t IME MBOjNj City Clerk i xSSOLUTION No. Fage Vwo APPRMD AS 'TO FOPM: J- �x r a ' \ EXHIBIT I, ;RES. NO. 96-92 (Page 1 of 2) CITY OF ATASCADERO PERMANENT POSITIONS ALLOCATED FOR FISCAL YEAR 1992-93 (Revised 10/92) Positions Allocated Authorized Funds CITY CLERK: FY 92193 FY 92/93 Administrative Secretary 1. 0 1.0 Department Total 1.0 1.0 CITY MANAGER: City Manager 1. 0 1.0 Personnel Coordinator 1. 0 1.0 Secretary to the City Manager 1. 0 1. 0 Department Total 3.0 3.0 POLICE DEPARTMENT: Chief of Police 1. 0 1. 0 Police Lieutenant 2.0 2.0 Police Sergeant 5.0 5.0 Police Officer 20. 0 20.0 Support Services Manager 1. 0 1.0 Support Services Lead Technician 1. 0 1.0 Support Services Technician 7.5 6.5* Department Total 37.5 36.5 FIRE DEPARTMENT: Fire Chief 1. 0 1. 0 Battalion Chief 2. 0 1. 0 Fire Captain 4.0 4. 0 Fire Engineer 7.0 7.0 Firefighter 2.0 2.0 Administrative Secretary 1.0 1. 0 Office Assistant I 0.5 0. 0** Department Total 17,.5 16.0 PUBLIC WORKS: Director of Public Works/City Engineer 1. 0 1.0 Senior Civil Engineer 1. 0 0.0* Associate Civil Engineer 1. 0 0.0* Engineering Technician II 2.0 0. 0** Administrative Analyst 1.0 1. 0 Administrative Secretary 1.0 1. 0 Office Assistant I 0.5 0. 0** EXHIBIT I, RES. NO. 96-92 (Page 2 of 2) Positions Allocated Authorized Funds PUBLIC WORKS, cont'd: FY 92193 FY 92j93 Chief of Wastewater Operations 1. 0 1. 0 Wastewater Treatment Operator III 1. 0 1.0 Wastewater Treatment Operator II 1.0 1.0 Wastewater Treatment Operator I 1.0 1. 0 Wastewater Treatment Operator-in-Training 1.0 1.0 Department Total 12.5 8.0 COMMUNITY DEVELOPMENT: Director of Community Development 1.0 1.0 City Planner 1.0 1. 0 Senior Planner 1.0 1. 0 Associate Planner 1.0 1.0 Assistant Planner 1. 0 0.0** Planning Technician 1.0 0. 0** Plan Check Engineer 1.0 1.0 Senior Building Inspector 2. 0 2. 0 Building Inspector II 1. 0 0. 0** Building Technician 1.0 1.0 Administrative Secretary 1.6 1. 0** Office Assistant II 1. 0 1. 0 Department Total 13.6 10.0 COMMUNITY SERVICES: Director of Community Services 1.0 1.0 Zoo Director 1.0 1. 0 Recreation Supervisor 2.0 2.0 Administrative Secretary 1. 0 1.0 Office Assistant I 1. 0 1. 0 Park Supervisor 1.0 1.0 Maintenance Leadworker 1.0 1.0 Maintenance Worker II 8.0 8.0 Maintenance Worker I 5. 0 5.0 Street Maintenance Supervisor 1.0 1. 0 Building Maintenance Specialist 1.0 0.0** Department Total 23.0 22.0 ADMINISTRATIVE SERVICES: Director of Administrative Services 1. 0 1.0 Accountant 1.0 1. 0 Administrative Secretary 1.0 1. 0 Finance Technician 1. 0 1.0 Account Clerk II 1. 0 1.0 Account Clerk I 2.0 2. 0 Department Total 7.0 7 .0 TOTAL FULL-TIME, PERMANENT POSITIONS 115.1 103.5 * Vacant due to hiring freeze ** Vacant due to lay-off • r • • V ♦ • V r ♦ r d Y Y r w r i O mn nonnn0000ononnoc,ommmnn33333333333333333333333 $g33m 11 i_> 'n-• y c c cctntntntntntntnintntncnintn33nmm33 33333333 333333 333c)c)c)d�c)c� x h -tom n,< It N AA A AP PPP WPPP W WPW W V VN AWNNNWNWNNW It -40 N W NNNW WG,I GDWNNNtNNN �- 8 Ol Vim ...-W -..www WW W W[nWWNNOW VIn.DV NWtn .DV ^N VO'�N�PO - WNN NNN-- - """�"-•'� "- VP- P- N- V N V O O N-O O O O^O O O O O O N O N O O O O O O O O-• O O O"L n W A Q N-' O n m O m COD 9 D £ >=fE£ •v333mmOmaD '*1�1 SIN-ONNN V)t1)N7p•D '172nn07> D D D D •fl•n rtnCL n n "'> s conn £ E£E aaa7 ccc -.- wmoc .� wwwwo —aa 7a CI to in o.0co -. 00aF= „ 'In W 0 0 -I -t-I-i a - IO t0 .. m m m m o v �. j x c c w h+o o Im 9 o v —w 9 3 �.`� .1 p C ao ccwo3ow000wn to ra �.° 0; � znnwnp = * 3 n - > > O000 - wwwww - mm� ,• oa � .«� � � awonNa �o �aaa �« 7_ r - lw Nx I IO P• w w m 0 w a a lb *1 1 Dtoto W W V n M 0 (no, •o nw--- O 'D M= �+v a 0 �n j c�w n -ta — a a a a -In n n > > 3-- �� a —w w - a c w Rm w o £ w w Moto a 7 7 w w - 0 nom -C > > - - c m w w nen �- t n � 000a n - taa 1w700 < .• � •-orn.«m< o � tn 7 -- -� to •+ ^wi < n � NNrrn � > > > 7££ r-t-�oID o .. w w ..c w 0 . c .+ .a < a m < N 0m 000000 + a �« � n7 � m0v0t0tn � www - 0 � C 7 CL w a v to w a -•o n f -�+ -� "• 0 11 70 t p 7 7 N e+.+ m •" to 7 ._.< �+�w ' w � w'1 m -1 C A T 3 O b AD n a n -t — a o -. .w f n a 3 w > > - w N to 7 — w n -4 f=it r a w to m v to o of C v m "+ado tl = a r W 7 tD n p± w w E 3 w ® '` o n -. � n am ^ - to a -) O +7 n n to D IF 0-4 n � .. ... -.�. ..... •- 11 '10C a oP0000000000000000000000000000000000000000OooOoo nN2 r• .- .-- •- - NNN^ - NN -NNN NNNNNN NNN W NN W W NN W N W NNNNN n .DO VN O to N O .0 OP O ••' .00 W-� NA VOA 'i •- •DA WNAP W•DWPPNN V n .> W Atr .OW APA A WP -- P A VOAtPV•DONNtnJ. 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City gero ,s 'ftom tLe$ 1oiicity " ler�L r N r ' Al Y i d Aunu 3, Review, of the City's Conflict of, u �e:�► J X f w 4 , Twice no f OrmAl action. Receive files r r Cady Section 87306.E requthe `t' it " Conflict of Interest cod* be reviewed ,amually. Ia Vie+ orf 1991f th+e City C �c ;� ►�, r lotion p a rehousivo . r$-write of the Attorney has recently examined this d wnt � l zaruac efom, staff ie acct this tim and tkero' is no need for e. re solnticxe00, . , v w k e E 1„ a3 i Y kk d y ? 1 1 l 1. L � � ' 4 .� i� ` �t .. l � T� .. r j' f ..E', _. 1 � r `,. - ,,, � �, ,,_. E ,, � .�. ,' e � .; rN', ', � � �� � :: � ,.. i , i REPORT TO CITY COUNCIL AGEN10A ITEM: B-8 CITY OF ATASCADERO THROUGH. Ray Windsor, City Manager FROM: Andrew J. Takata, Director Department of 'Community Services - SUBJECT: BID NUMBER 92-10 - PAVEMENT STRIPING OF VARIOUS CITY STREETS RECOMMENDATION Staff recommends the City Council award Bid Number 92-10 in the amount of $26,047.75 to: SAFETY STRIPING SERVICE, INC: POST OFFICE BOX 6940 VENTURA, CALIFORNIA 93006 DISCUSSION: After review of four (4) bidproposals received, staff has determined that the lowest bid amount proposal meets City bid specifications. FISCAL IMPACT: Funds sufficient to fund this contract have been allocated for fiscal year 1992/93. AJT:kv ;bid. 1'0 Attachment = Four Bid Proposals City Clerk Summary 000025 BID SPRY TO: Andy Takata, Director Community Services Department FROM: Lee Raboin City Cler BID NO.: 92-10 OPENED : 9/17/92 PROJECT: Street Striping The following bide were received and opened today: Name & Address Total Bid Amount Discount Safety Striping Service, Inc. $26,047.75 Nome Offered P.O. Box 6940 Ventura, CA 93006 IPS Services, Inc. 28,894.47 1 P.O. Box 10458 San Bernardino, CA 92423-0458 Works Striping & Marking Ser. , Inca 32,198.94 None Offered 4274 Elton Street Baldwin Park, CA 91706 Super Seal & Stripe 41,058.56 .005% 1662 Lirio Avenue Ventura, CA 93004 Attachments: 4 Bids c: Cathy Sargent Brian Sword 000026 1 • City of Atascadero Request for Bid #92-10 Pavement Striping INVITATION, BID AND ACCEPTANCE 6. In conformance with the current statutory requirements of Section 1860 et. seq of the Labor Cod-e of the State of California, the undersigned confirms the following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake'', self insurance in accordance with the provisions before commencing the performance of the work of this contract. Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based . SAF I Y STRIPING SERVICE, INC. Date Bidder . (Corporate Seal ) 5:' By _ lwg+a E.Spitler T i tl a Bidder ' s Post Office Address R 0 C - 9300 6 Corporation organized under the laws of the State of: s 00002'7 City of Atascadero Request for Bid #92-10 Pavement Striping BID RESPONSE SHEET - The undersigned agrees to provide safety `striping using reflective paint, incorporating the use of beads as follows: Unit Total Item Approximate Description Price Price Quantity 157 1_8 1 39,322 ft . 4 Edge Line 2 101 ,241 ft. 4" Broken Line o3z5 32.9 0 33 .23. 3 562 ft . 4" Single Solid �y J �9 Line , 12, 17S 0 21- 12- 4 24 146,,351 ft . 4" Double Solid Line 5 22,398 ft . Continuous Left . 0 z LL8 Turn Lane 08 322.08 6 4,026 ft. e" Single Solid ��,,"7� 7 8, 1$i ft . <T r a n s i t i 00- L.-i ne ' (Skip-Solid ) $ 21L D VL 7 5` Total Bid ,p *PAINT BRAND NAME: (Rapid Dry) i �RVD �A11�"1� COM�PANy BEADS BRAND NAME: (Shall meet State specifications) To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , and subJerrees, all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of % will be allowed. for payment within 30 days from completion of work . Date: Contr c or Signature Title 9 000028 . City of Atascader0 Request for Bid #92-10 Pavement Striping CONTRACTORS LICENSING STATEMENT FORM The undersigned is licensed in accordance - with the laws of the State of California providing for the registration of Contractors. C-32- Contractor ' s license classification and number : Name of individual contractor (print or type) - Business Address: Business Telephone: or Name of Firm: Business Address: Business Telephone: and address of^members - signi.ng on behalf of Signature, title, _ partnership : Name: Title: Address: Title: Name: Address : or VIC-- L INc- Name of Corporation: 5 y STR � PING S��R . P 0 �.Box n1 TV R �- , Gft, 13 ©0� Business Address: _ Corporation organized under the laws of the State of:C , . S Signat re of Pre ident :Of Corp . Si natur of Secretary of Corp . 10 000029,/ City of Atascadero Request for Bid #92-10 Pavement Striping WORKER'S COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Contract Agreement , the Contractor shall execute the following form as required by Sections- 1660 and 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor code which require every employer to be insured against liability for Worker ' s Compensation or to undertake self- insurance elf-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the work of this Contract. s 1 D Z �nf�ty LRIPING SERVICEt IAC. Date: Contractor Signature Ti-tle s --- - -_ - Attest: By: Sig 4ture Title • 11 - 00003Q- City of Atascadero Request for Bid #92-10' Pavement Striping BID BOND Know All Men By These Presents: W, iTR That we, s��L r SfRrPrrJGScrRrlc� as principal acrd A CR514IErt CHE C K as surety, are held and firmly bound unto the City of Atascadero , California, a General Law city, hereinafter referred to as "Owner" . in the sum of'r �- ^ . -- Aj.,J JA a',i,.: do l Lars - ( 6 SD 00 to be paid to the said Owner , its successors , and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and serva,lly , firmly by these presents. The Condition of this obligation is such, That if the certain proposal of the above bounden sR FE7Y STQ1 PING- for pavement striping as per City of Atascadero Request for Bid#92-10 , as specifically set forth in documents entitled the same, all in accordance with the specifications on file at the office of the City of Atascadero , Department of Community Services, 6500 Palma Avenue, Atascadero , California 93422, is no-- withdrawn o-withdrawn within the period of 45 days after the date set for the opening of the bids, -unless otherwise _ required by law, and notwithstanding the award- of the crontract- to .-another bidder and that if said proposal is accepted by the Ownert�roughY ction or its legally constituted contracting authorities and if tFie 'above bounden _5AF&7iY SrRrPIA16 SERVICE (NC his heirs, executors , administrators, successors and assigns, shall duly enter into and execute a contract for such construction and shall execute and deliver the required Performance and Payment Bonds and proof of Insurance Coverage within 10 days (not including Sundays and holidays) after the date of notification by and from the said Owner that the said contract is ready for execution, then this obligation shall become null and void ; otherwise it shall be and remain in full force and virtue. 1225-3374 16�4„220 SEPTMEBERJr"10. 19-921 �.: PAY TO THE ORDER OF ************THE CITY OF ATASCADERO********************* t ,rx� 2650'.OQ********* i s. 1. ICILI, 000_ANDOVER REQUIRES TWO MNA7l1RES) r �4 v i :i r W AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE 41. 000031 City of Atascadero . Request for Bid #92-10 Pavement Striping INVITATION, BID AND ACCEPTANCE 6. In conformance with the current statutory requirements of Section 1860 et . seq . of the Labor Code of the State of California, the undersigned confirms the following as his of her - certification: - - I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake self insurance in { accordance with the provisions before commencing the performance of the work of this contract. Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based . Date - 1 -°�� Bidder ` (Corporate Seal ) By Title- ' Bidder ' s Post Office Address Q Q;oxt0518 gN28-X 58 Corporation organized under the laws of the State of: 8 000032-7 City of Atascadero - Request for Bid #92-10 '' Pavement Striping BID RESPONSE SHEET The undersigned agrees to provide safety striping using reflective paint , incorporating the use of beads as follows: Item Approximate Description Unit Total Quantity Price Price 1 i 39,322 ft . 4" Edge Line ••V7 s�,' 5 A I'J 101 ,241 ft. 4" Broken Line 3 562 ft. 4" Single Solid _ Line 16 4, 4 146,351 ft . 4" Double Solid Line 5 22,398 ft. Continuous Left . ap y�9• b Turn Lane 6 4,026 ft. 8" Single Solid_ 9 7 8, 181 ft. <Transition- Line N y (Skip-Solid`) _ Total Bid -PAINT BRAND NAME: (Rapid Dry) LexS BEADS BRAND NAME: Q`- 1 (Shall meet State specifications) To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the opening , to furnish any or all of the items'', upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of ONS Y, will be allowed for payment within 30 days from completion of work. Date: _j c,-ala SQS SexU�C�C Z�c Contractor Signature ' S Title 9 000033 City of Atascadero Request for Bid #92-10 Pavement Striping CONTRACTORS LICENSING STATEMENT FORM The undersigned is licensed in accordance with the laws of the State of California providing for -the registration of Contractors. Contractor ' s license classificati-on and number: �o��. L� Ai Name of individual contractor (print or type) Business Address: Business Telephone: or Name of Firm: Business Address: Business Telephone: Signature, title, and address of members . signing on behalf of partnership: Name: Title: Address: Name: Title: Address: or Name of Corporation: -- Business Address: Q D (3ox L045R Cnrt�UrdiY�r� C'a3 4aUa�-14,14C:11R Corporation organized under the laws of the State of:_ Signature of Pry dent of Corp . �. ) Signature ecretar of Corp . 10 000034 City of Atascadero Request for Bid #92-10 '' Pavement Striping WORKER'S COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Contract Agreement , the Contractor shall execute the. following form as required '; by Sections 1860 -and 1861 of the California Labor Code: - I am aware of the provisions of Section 3700 of the Labor code which require every employer to be insured against liability for Worker 's Compensation or to undertake self- insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the work of this Contract. Date: at -1C�-11a -MSPS �exv�cQS r . - Contractor Signature -Title- Attest : Title Attest : - B y: Signature Title 11 000035 t MCA Insurance Company BID BOND 484 Central Avenue (AIA A310) Newark, NJ 07107 KNOW ALL BY THESE PRESENTS that I PS SERV ICES. INC. as Principal, and MCA INSURANCE COMPANY, an Oklahoma corporation,as Surety, are held and firmly bound unto CITY OF ATASCADERO as Obligee, in the sum of TEN PERCENT OF THE AMOUNT BID----- Dollars(S 10% ). for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for BID NO. 92-10, PAVEMENT STRIPING NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contractig Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such Contract and give such bond or bonds, if the Principal shalt pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. STATE OF CALIFORNIA ss. COUNTY OF �� rao r��ter On before me, (nem insert name am title of me otticu), personally appeared NANCY G. WA d SON personally known to me :OF PF9uadto4� COMM.:917308 Z Z = T NOTARY PUBLIC CAur GRN1A� )to be the person(s)whose name(a)is/ate subscribed to the SAN GERNARDINO COUNTY # within instrument and acknowledged to me that he/slaeft#ley+executed the same in his/tleW4li6iF �n F C�mm?ssioo E.:Pires Apr- 25, 995 s authorized capacity(ies),and that by his/heuFtMeir signatureM on the instrument the person(d), or the entity upon behalf of which the person(e)acted,executed the instrument. WITNESS my hand and official seal. (Seal) � ��... - ACKNOWLEDGMENT—Aft Purpose—Wokoes Form 237CA—Rev.1-91 v Signature rr1991 wOLCOTTS,M. (price class 8-2) ,�.,y ..asaur rVl. t,:Ot7r;S l 8ture (�� Y { �� �" "rOTAFTY PUBLIC•CAUFd+,h:A $ \a RIVERSIDE COU(VT'f �!LFIIA My Comm.Explrau Dsa.:S,573:: 360772-6.91 0000319 MCA Insurance Company POWER OF ATTORNEY 484 Central Avenue No. 04B400 Newark, NJ 07107 KNOW ALL MEN BY THESE PRESENTS that MCA Insurance Company, as Oklahoma corporation authorized to engage in business as a surety, does hereby appoint William R. Friis, Mark E. Shreckengast and Elke H. Hagen of Riverside, California its true and lawful Attomey(s)-in-Fact, to execute on its behalf any and all bonds and undertakings not in excess of Two Million Five Hundred Thousand Dollars ($2,500,000) and consents for the release of retained percentages and/or final estimates and to bind the Company thereby. _ This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of a Resolution adopted by the Board of Directors of MCA Insurance Company at a meeting called and held on the 13th day of July, 1987,of which the following is a true transcript: "RESOLVED, that the Chairman of the Board, the President, any Executive Vice President or Senior Vice President or Vice President-Surety be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,rerngnizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seat of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking,recognizance or other contract of indemnity or'writing obligatory in the nature thereof; "RESOLVED,that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by suc:,Attorney-in-Fact." IN WITNESS WHEREOF MCA Insurance Company has caused these presents to be signed by one of its officers, and its corporate seal to be hereunto affixed this 19 th day of May, 19 9 2:. MCA INSURANCE COMPANY Cc Y' `SEAL by �• Soren N.S.Laursen,l Vice President-Surety State of New Jersey. County of Bergen: ' On this 19 th day of May , 19 9 2,before me came Soren N.S.Laursen,to me personally known, and,being by me duly sworn, said that he is Vice President -Surety of MCA Insurance Company; that the seal affixed to said instrument is the corporate seal of said corporation; that the corporate seal and his signature were duly affixed by order of the Board of Directors of said corporation. Eva Friedman,Notary Public of New Jersey s My Commission expires Sept.25, 1994 CERTIFICATE I, Doris Greeley, Secretary of MCA Insurance Company, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand affixed the facsimile seal of the corporation this 14TH day of SEPTEMBER , 19 92 1 Lu ' 822 s/so 0E, Secretary imis 000037 ���, City of Atascadero Request for Bid #92-10 Pavement Striping INVITATION, BID AND ACCEPTANCE 6. In conformance with the current statutory requirements of Section 1860 et . seq : of the Labor Code of the State of California, the undersigned confirms the following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker' s compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract . Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated; the undersigned with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached Bid Sheet upon which award of contract is based . Date 9 J A 19 Z B i d d e r tV � A r-,- l<s � Ma Zdar�T�c (Corporate Seal ) V00-1 (� ey (1 a Title � � Bidder ' s Post Office Address 42-90 E- 1 fy u Corporation organized under the laws of the State of: 8 000038 City of Atascadero Request for Bid #92-10 '' Pavement Striping BID RESPONSE SHEET The undersigned agrees to provide safety_ -striping using reflective paint , incorporating the use of beads as follows: Item Approximate Description Unit Total Quantity Price Price 1 39,322 ft . 4" Edge Line 0-ol¢ -P-352-32 2 101 ,241 ft. 4" Broken Line .O S 3 562 ft. 4" Single Solid 0. 100 Line 4 148.,351 f t . 4" Double Solid 0. 1 20,1161J4 Line 5 22,398 ft . Continuous Left x. 13 2 74' Turn Lane 6 4,026 ft . e" Single Solid 7 8, 181 ft . -.Transition- Line O I 1.053 (Skip-Solid) � - Total Bid s- 321198. 90 *PAINT BRAND NAME: (Rapid Dry) t�erVo �Ar1r.1�' BEADS BRAND NAME: (Shall meet State specifications) To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , and subject to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 60 days from the date of the opening, to furnish any or all of the items upon which prices are quoted , at the price set opposite each item, delivered at the point as specified and , unless otherwise specified within fifteen days after receipt of order. Discount of % will be allowed- for payment within 30 days from completion of work . Date: �� 19�g2 f()orles6fr;A-'Juoj/nArk;,u!r '�Cr. XNd. Contrac> or Signa re K", j"resi d e,ur Title 9 000039 1 City of Atascadero Request for Bid #i92--10 Pavement Striping CONTRACTORS LICENSING STATEMENT FORM The undersigned is licensed in accordance with the laws _ of tt- State of California providing for the registration c Contractors. Contractor ' s license classification and number: C-32 Name of individual contractor (print or type) Business Address: Business Telephone: or C.p�'PorAT c� I T Name ofir-rrr )orkS Business Address: 4.2.r7o A41 w;, 7-grkaAA1'1c:e, Business Telephone: Signature, title, and address of members . signing on behalf c -i p: CoQ/og 4T o A); - Name: L) Title ��11 Lj A dress: 28,a. 7 i¢ ca.u'.4. LIA 9 ,QL Name:- / � T i t 1 eC%L�7 Address: 7 IDE A 4X- or // p A Name of Corporation: m A r pcl : ti! S� �Ce Above Business Address: Corporation organized under the laws of 'the-State of: � . Signature of President of Cor f Signature of Secretary of Corp . i 10 City of Atascadero Request for Bid 092-10 Pavement Striping WORKER'S COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Can Agreement , - the Contractor - shall execute the following form as required by -Sections 1860-- and 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the. Labor code which require every employr to e insured to undertakea9selft liability for Worker 's Compensaton or insurance in accordance with provisions before commencingothe and I will comply with such provisions performance of the work of this Contract. Date. - Contractor Signa e - • Attes*nature By: 11 00001-11 tate of CALIFORNIA CAPACITY CLAIMED BY SIGNER ounty of LOS ANGELES ❑ INDIVIDUAL(S) SEP U 4 1992 [3 CORPORATE On before me,_ KIMBERLY A. BADARACr.O, NOTARY PiiRT.Tr OFFICER(S) DATE NAME.TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' TITLE(S) l ❑ PARTNER(S) personally appeared WILLIAM J. SHUPPER UATTORNEY-IN-FACT NAME(S)OF SIGNER(S) ❑ TRUSTEE(S) f2 personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence d SUBSCRIBING WITNESS # to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- A GUARDIAN/CONSERVATOR to me that he/she/they executed Q OTHER: IUMBERLY A. BAOARACCO the same in. his/her/their authorized COMM96583Es :jcapacity(ies), and that by his/her/their > NOTAFIY PULLK;-CAUFORNIA C signature(s)on the instrument the person(s), 4 i LOB ANGELES COUNTY My CanrtweeW EVInts May e,toss orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING: acted, executed the instrument. NAME OF PERSON(S)OR ENTITY(IES) AMERICAN MOTORISTS Witness my hand and official seal. INSURANCE COMPANY SIGNATURE OF NOTARY Y STENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document BOND MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document ., DESCRIBED AT RIGHT: Signer(s) Other Than Named Above XXXXXXXXXXXXXXXXXXXXXXXX O 1991 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.•P.O.Boz 7184•Canoga Park.CA 91304-7184 000042 j h• City of Atascadero Request for Bid #92-10 Pavement Striping BID BOND American Motorists Know A11 er� 8 These presents: Insurance Company That we, oYtc n truing & Marking as principal and as surety, are held and firmly bound unto the City of Atascadero . California, a General Law city, hereinafter referred to as "Owner" . in the sum of Thirty five hundred and no/100 dollars ($ 3,500.00 ) , to -be paid to the said Owner , its successors, and assigns; for which payment , well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and servally, firmly by these presents. The Condition of this obligation is such, - That if the certain proposal of the above bounden principal for pavement striping as per City of Atascadero. Request for Bid#92-10, as specifically set forth in documents entitled the same , all in accordance with the specifications on file at the office of the City of Atascadero , Department of Community Services, 6500 Palma Avenue, Atascadero , California 93422, is not withdrawn within the period of 45 days after the date set for the opening of the bids, unless otKe.rwise required by law, a notwithstanding the award- of the c-ontract- to _.another bidder that if said proposal is accepted p the Owner _throughY,�ction its legally constituted contracting authorities and .-if the 'above bounden principal his heirs, executors, ' administrators, successors and assigns, shall duly. enter into and execute a contract for such construction and shall execute and deliver the required Performance and Payment Bonds and proof of Insurance Coverage within 10 days (not including Sundays and holidays) after the date of notification by and from the said Owner that the said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. DATED: September 4, 1992 AMERICAN MO ORISTS INSURANCE COMPANY WORKS STRIPING & MARRING SERVICE (Surety) (Principal) Inc. BY: BY: Willi Shupper Attorn y Irl Fact i 12 000043 AMERICAN MOTORISTS INSURANCE COMPANY —� Home 'Offices Long Grove, IL 60049 narmnat msuaance POWER OF ATTORNEY rnmranQs Know All Men By These Presents: 0lt the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of inois, and having its principal office in Long Grove, Illinois, does hereby appoint Louis E. Jones and William J. Shu er of Los An ales California (EACH) ********* Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1992, unless sooner revoked for and on Its behalf as surety, and as its act and deeds Any and all bonds and undertakings provided the amount - of no one bond or undertakin exceeds FIVE MILLION DOLLARS ($5,000,000.00) ***** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the Payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the some obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,',as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office In Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Crove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as ng in full force and effect: 49 TED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizences, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the,Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 15 day of August , 1990 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY a _ F.C.McCullough, Secretary by J.S,,...Kemper,III,Senior Vice President (OVER) 000044 iG� City of Atascadero Request for Bid #92-10 Pavement Striping INVITATION, BID AND ACCEPTANCE 6. In conformance with the current statutory requirements of Section 1860 et. seq . of the Labor Code of the State of California, the undersigned confirms the - following as his of her certification: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker ' s compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract . Now: In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated; the undersigned withwork full cognizance thereof, hereby proposes to perform the entire for the prices set forth in the attached Bid Sheet upon which award of contract is based . Date September 16, 1992 Bidder Siper S a _ (Corporate Seal ) �..ngpra renda Tit--le- Carpprafe Secretary Bidder ' s Post Office Address 1662 Lirio Ave Ventura Ca 93004 . Corporation organized under the laws of the State of: California 8 000045 � \ City of Atascadero Request for Bid #92-10, Pavement Striping BID RESPONSE SHEET The undersigned agrees to provide safety_ -striping using reflective paint , incorporating the use of beads as follows-. Item Approximate Description Unit Total Quantity price Price 1 39,322 ft . 4" Edge Line _,095 3,735.59 2 101 .241 ft . 411 Broken Line .055 5.568.26 3 562 ft . 4" Single Solid .125 70.25 Line 4 148.,351 ft . 4 Double Solid .165 24.477.92 Line 5 22,398 ft . Continuous Left .25 5.599.50 Turn Lane 6 4,026 ft. 8" Single Solid .135 543-51 - I -063,53 7 8, 181 ft . tTransition-,Line 13_ (Skip-Solid ) - - - _ - Total Bid $ 41 .058.56_ *PAINT BRAND NAME: (Rapid Dry) Peryo - BEADS BRAND NAME: Potters (Shall meet State specifications) To the CITY PURCHASING AGENT: In compliance with the above invitation for bid , and subject to all the conditions thereof, the undersigned offers, and agrees , if this bid be accepted within 60 days ';from the date of the opening, to furnish any or all of the items upon which prices are ite each item, delivered at the quoted , at the price set oppos point as specified and , unless otherwise specified within fifteen days after receipt of order . Discount of 105'/. will be allowed- for payment within 30 days from completion of work . Date: S n r Pmh P r L6L�� —Su2e-r coal & Strine Contractor SSignature Brenda Gongora Corpotate Secretary & CFO Title 9 1 000046 2 City of Atascadero Request for Bid #92-10 0 Pavement Striping - CONTRACTORS LICENSING STATEMENT FORM The undersigned is licensed in accorfQanceth with rthe slaws of toe State of California providing _ Contractors. sification and number: X6396627 C32 Contractor ' s license clas Name of individual contractor (print or type) Business Address: Business Telephone: or Name of Firm: Business Address: Business Telephone: _ Signature, title, and address of members . sig Hing on behalf of partnership: Title: Name: Address: Title: Name: Address: or Name of Corporation: Su er Seal & Stripe Business Address: 166? L�r�o Ave Ven Ca_ 9�nn� (8051 647-5180 Corporation organized under the laws of the State of: California gnatur of Pr ident of Corp . Signature of Sec arY of Corp 10 ,v 00004'7 ti City of Atascadero Request for Bid #92-10 Pavement Striping WORKER' S COMPENSATION INSURANCE CERTIFICATE Prior to execution of the Contract Agreement , the Contractor shall execute the following form as required by Sections 1860 and 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor code which require every employer to be insured against liability for Worker ' s Compensation or to undertake self- insurance in accordance with the provisions of said Code,' and I will comply with such provisions before commencing the performance of the work of this Contract. Date: September 16 199 Super Seal & Stripe Contractor Signature -Corporate Secretary & CFO _Title Attest: - By: Signature TitUe� 11 000048 ���� Bond# 9239694 American Bonding C01111)any BID BOND ( Public Works ) KNOW ALL MEN BY THESE PRESENTS, that we Super Seal & Stripe Inc. hereinafter called the Principal, and AMERICAN BONDING COMPANY hereinafter called Surety, are held and firmly bound unto City of Atascadero hereinafter called Obligee 'Ilan percent of arotnt bid not to excew * 4,200.00****************** & OD/lOD s ) in the amount of�' � � lDollars ( S their heirs , for the payment of which Principal and Surety bind themselves , executors, administrators, successors and assigns , jointly and severally, F; rm1 ,r }�cr t-hoca .�r.. .+..i-c ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA CAPACITY CLAIMED BY SIGNE County of VENTURA ❑ INDIVIDUAL(S) ❑ CORPORATE September 15, 192 SANDY WIDMYER OFFICER(S) On efore-me, MVEjS) DATE NAME.TrU OF OFFIM•EG..*JAME OOE.NOTARY PUG= ❑ ARTNER(S) personally appeared PETER WALLATTORNEY-IN-FACT Y rlArtni tsy sIGNERtsI ❑ TRUSTEE(S) personally known to me-OR- ❑proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS y to be the person(s) whose name(s) is/are ❑ GUARDIAN/CONSERVATOR subscribed to the within instrument and ac- owiedged to me that helsheithey executed ❑ OTHER: OFRCIAL SEAL he same in his/her/their authorized SANDY WIDMYER apacity(ies), and that by his/her/their r a �fii NOTARY PUBLIC•CALIFORNIA ignature(s)on the instrument the person(s). VFNTURACOUNTY rtheentity upon behalf ofwhich the person(s) SIGNER!S REPRESENTING: f Y1y Commission Exp.Nov.14, 1995 NAME OF PERSONS)OR ENTITYVE51 ..� ed.executed the instrument. itness my hand and Official seal AE {t ATTENTION NOTARY-A!tnough-he intormad r _is ONAL.It could pr t traudul�nt art& hrnent of this conificata w unaL4trxizrai dmur.wi,t. THIS CERTIFICATE Title or Type of ument -- - y 1177 MUST BE AT T ACHED Number of Pages Date of Document TO THE DOCUMENT ' DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Peter Wall Attornev-In-Fact U00649 awe I� AMERICAN BONDING COMPANY 9239694 GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint PETER WALL OF CAMARILLO, CALIFORNIA As true and lawful attorney-in-fact,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,-undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ONE MILLION ($1,000,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1 Sth day of November, 1991. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney-in-tact named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof,AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed 0 by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 26th Day of August, 1992. Attest: d AMERICAN BONDTG COMPANY f!/e111O kO By �— tsEa William R.McKenzie,Assistant Vice President < JameOI President STATE OF ARIZONA COUNTY OF PIMA On this 26th day of August 1992 , before me personally came James M. Boylan,to me known, who being by,me duly sworn,did depose and say that he is a Vice President of AMERICAN BONDING COMPANY,the corporation described in and which executed the above irzwument.. that he knows the seal of the said corporation; that the seal affixed to the said instrument is such Corporate seal;that it was so affixed by order of ths Board of Directors of said corporation and that he signed his name thereto by like order. OFFICIAL SEAL CHRISTIE TURLEY NOTARY PUBLIC NOTARY UBLIC. yet My Commission Expires My Commission Expires March 10,1995 March 10, 1995 CERTI I,the undersigned,an Assistant Secretary of AMERICAN BONDING COMPANY,an Arizona corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors; set forth in the said Power of Attorney, is now in force. • Signed and sealed at the city of Tucson,in the State of Arizona Dated the 15 day of September 19 92 SEAQ Florence E.Robert,Assistant Secretary low 000050 �/ REPORT TO CITY COUNCIL Agenda Item: B-9 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 10/13/92 From: Mark Joseph, Administrative Services Director SUBJECT: Reducing PERS rates for Public Safety Em loyees. RSCOMMENDATION: For Council review only; formal action will be proposed at Council's October 27 meeting. BACKGROUND The attached letter from the California Public Employees' Retirement System (PERS) explains the process and dollar analysis. Basically, when the City amended its PERS contract for early Public Safety Retirement (2% at 50) , a. one-time cost to properly fund the new benefit was incurred. Standard practice at the time was to prorate this amount over a relatively short period of years -- in this case, eight: years. The result wae an increase in our public safety retirement of approximately 5 5 percent. By spreading the cost over 20 years (similar to financing a house), the rate drops almost in half -- to 2.9 percent. 1his has the effect of reducing our annual expense by roughly $!5,000 (current year savings is projected at $27,300,` assuming imp ementation 'in December) . Procedurally, PERS requires two week's notice before formal Council action may be taken. Such action will be Fresentedat Council's October 27 meeting. It should be noted that the October 10 deadline referenced in the attached letter only relates to gaining PERS Board approval in November. This is the first Council meeting available since receipt of t e letter. We will miss the November Board meeting,; but should be ready for. December. a::2%at50 #16 000051 r*Contract S Services Division P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 September 15,. 992 Employer Code: #1248 Mr. Mark Joseph Administrative Services Director City of Atascadero 6540 Palm Avenue Atascadero, CA 93422 Dear Mr. Joseph; Enclosed are the comparison figures requested to assist the agency in making the decision whether to extend the current service funding period for the safety category to the year 2011 or 2016. To proceed with the extension, the Governing Body must adopt the enclosed Resolution. The seoond paragraph of the Resolution must contain the reasons the agency is requesting the extension, i.e., financial difficulties, etc. The Resolution must be returned prior to October 10, 1992 if it is to be presented to the PERS Board at its November, 1992 meeting. The effective date of the extension may be as early as the first day of a payroll period following Board action. Section 7507 of the Government Code requires the cost implications of the extended funding period be made public at a public meeting at I=two weeks prior to the adoption of the Resolution. The agency is to certify compliance on the enclosed Certification of Compliance with Government Code 7507. If you have any questions,please contact me at (916) 326-3615. Sincerely,' �Jv Cy is L. Wiegman, Retirement aialist Public Agency Contract Services Contract Services Division CLW:ms Enclosures California Public Employees' Retirement System ()QpQ j2 Uncoin Plaza-400 P Street- Sacramento, CA 95814 Category: Safety Extended funding year: 2011 9-1-92 1992/93 Rate Contributions Current Extended Current Extended 2000 2011 2000 2011 - Unfunded 11 -Unfunded Current Service: 5.458% 2.899% $ 97,000 $ 51,500 Other* Costs: 15.028% 15.028% $267,200 $267.2 Total 20.486% 17.927% $364,200 $318,700 NOTE: *Other costs include all normal costs which do not change and any applicable ad-hoc allowance increase costs which may be provided for in the agency's contract. Estimated Employer Contributions Toward Unfunded Actuarial Liability Unfunded Actuarial Liabilitv To To 2000 2011 Current Service: $707,000 $1.081.000 $1.749.000 An extension of the funding period to the year 2011 would: 1) Reduce the employer contribution rate by 2.559% for current service; 2) Reduce the employer contributions for the 1992/93 fiscal year by $45.5 for current service; 3) Increase the total amount of employer contributions required for the unfunded actuarial liability by $668.000 for current service. 000053 Category: Safety Extended funding year: 2016 9-1-92 1992/93 Rate Contributions Current Extended Current Extended 2000 2016 2000 2016 Unfunded Current Service: 5.458% 2.492% $ 97,000 $ 44,300 Other* Costs: 15.028% 15.028% 267 2 2 7 2 Total 20.486% 17.520% $364,200 $311,500 NOTE: *Other costs include all normal costs which do not change and any applicable ad-hoc allowance increase costs which may be provided for in the agency's contract. Estimated Employer Contributions Toward Unfunded Actuarial Liability Unfunded Actuarial Liability To To 2000 2016 i Current Service: $707,000 $1,081, $2.189.000 An extension of the funding period to the year 2016 would: 1) Reduce the employer contribution rate by 2.966% for current service; 2) Reduce the employer contributions for the 1992/93 fiscal year by $52.700 for current service; 3) Increase the total amount of employer contributions required for the unfunded actuarial liability by $1108.000 for current service. 0 000054 RESOLUTION REQUESTING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM'; TO EXTEND THE FUNDING PERIOD FOR CURRENT SERVICE ACTUARIAL LIABILITIES FOR THE CITY OF ATASCAD.ERO WHEREAS, the City of Atascadero is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the ;and WHEREAS, the City of Atascadero has been advised by the Contract Services;Division of the Public Employees' Retirement System that the Governing Body may request an extension of the funding period for the safety category for current service actuarial liabilities to June 30, 2016; BE IT THEREFORE RESOLVED, that the Governing Body of the City of Atascadero does request an extension of the funding period for the safety category for current service actuarial liabilities to June 30, 2016, and further resolves to direct the to forward a certified copy of this resolution to the Public Employees' Retirement System. Adopted this day of , 19_. Presiding Officer Attest: Clerk C50054 (Rev. 9/92) 000055 RESOLUTION REQUESTING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO EXTEND THE FUNDING PERIOD FOR CURRENT SERVICE ACTUARIAL LIABILITIES FOR THE CITY OF ATASCADERO WHEREAS, the City of Atascadero is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the and WHEREAS, the City of Atascadero has been advised by the Contract Services Division of the Public Employees' Retirement System that the Governing Body may request an extension of the funding period for the safety category for current service actuarial liabilities to June 30, 2011; BE IT THEREFORE RESOLVED, that the Governing Body of the City of Atascadero does request an extension of the funding period for the safety category for current service actuarial liabilities to June 30, 2011, and further resolves to direct the to forward a certified copy of this resolution to the Public Employees' Retirement System. . Adopted this day of 119 . Presiding Officer Attest: Clerk C50054 (Rev. 9/92) 000056 REPORT TO CITY COUNCIL Agenda It B--10 CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 10/13/92 From: Mark Joseph, Administrative Services Director SUBJECT: Adopting Central Billing & Collections Procedures RECOMMENDATION: By motion, approve the attached Central Billing and Collections Procedures. BACKGROUND As part of the City's revenue enhancement eff its staff anticipated collection problems. Asa result, we bave developed the following procedures to facilitate efficient and effective billingand collection procedures. The key issue to determine whether to use central billing is if payment will be received before or after service is provided; and, if after, if the Department Head expects a problem with collection. If so, then these procedures should be used. The Department Heads have had the opportunity ,to review this policy. An RFP will be solicited to obtain the se ices .of an : r outside Collection Agency (as one of several collection options;) . a:billing #13A 00005'7 CITY OF ATASCADERO CENTRAL BILLING AND COLLECTIONS PROCEDURES Section One: Objectives 1.1 To provide a uniform and equitable method of billing for all amounts due to the City. 1.2 To reduce the billing and collection burdens 'from`field staff. 2.3 To improve the collection rate for services billed. Section Two: When to Use Central Billing and Collection Service 2.1 If payment is to be received in advance or immediately upon ' rendering the service, individual departments will collect the fees and forward the amounts daily to Finance. 2.2 If billing for a service is required, or a department has concerns that payment may be a problem, then these central billing ;and collection procedures shall be used. Section Three: Standard Procedures 3.1 The department will complete the Request For Billing form (Exhibit A) and will forward to Finance, along with any supporting documentation. Other forms may be used as appropriate, provided the format has been approved by the Finance Director. 32 Finance/Accounts Receivable will prepare the formal statement':within five working days and mail the bill. 3.3 Finance will track all outstanding bills and respond to any customer inquiries. 34 Upon receipt of monies, Finance will deposit the funds and notify the appropriate department: Section Fours Special Collection Efforts 4.1 Finance is responsible for monitoring payments and outstanding claims. The appropriate department shall receive a copy of all correspondence to the customer. 4.2 After 30 days,, a second notice Letter will be sent, including a past-due interest charge of one percent (1) per month. 000058 . 4.3 If no payment is received within 15 calendar days (after the second notice) , a first follow-up letter will be sent. This letter shall explain the City' s collection policy and demand payment in full within ten ( 10) calendar days. A copy will be sent to the City Attorney. 4.4 If no payment is received (within the ten day '' period) , a second follow-up letter will be sent, notifying the customer of the specific collection effort to be taken (see section five below) . A copy will be forwarded to the ', City Attorney. - 4.5 If no payment is received after five calendar days, the indicated collection method will be initiated, with a copy sent to the customer. 4.6 Other collection procedures may be used if required by State or Federal law, or local resolution or ordinance. Section Five: Collection Efforts/Strategies 5. 1 The Finance Director shall select any or all of the following methods to receive payment in full on any City debt. (a) Use of an outside Collection Agency; (b) Use of the City' s prosecutor; 0 (c) Use of the District Attorney's Office; or (d) Use of in-house strategies, such as Small Claims Court, or payment schedules. 5.2 A number of criteria must be considered in determining the most appropriate collection method: (a) The amount of money owed the City; (b) The likelihood of collecting the outstanding debt; (c) The prior payment history of the customer; (d) Legal restrictions or requirements; and (e) Input from the appropriate Department Head, City Manager and/or Council. 5.3 If a Collection Agency is used, it must follow all legal requirements, provide a written schedule of fees or charges, and provide regular progress reports to the City. The Finance Department and the Collection agency will coordinate efforts to assure any and all payments are properly received and recorded. 5.4 If a payment schedule is approved, no more than six months shall be allowed for repayment in full. Interest of one percent ( 1%) per month will be charged on the outstanding balance. 000059 5.5 If a Small Claims Court judgement is received, Finance will initiate action to either garnish the customer' s wages or place a lien on any real property owned by the customer, or both. 00000 CITY OF ATASCADERO • REQUEST FOR BILLING To: Finance - Accounts/Receivable Date: From: Brief Description of billing: 1. Customer to Bill: Name Contact Person Address Phone ',Number City, State, Zip Other identifying Info. (e.g. CDL) 2. Itemized Accounting (include all supporting documentation; use additional sheets if necessary; consult Finance for current hourly labor rate) Material. or E ui ment Otv. Rate Cost Total Amount Of Authorized Signature * * * FOR FINANCE USE ONLY A/C# 1ST F.U. INVOICE # 2ND F.U. BILL DATE FINAL DISPO. 34-DAY 000061 MEETING AGENDA DATE,-La 1.342 I TEM M n,...:. i MEMORANDUM To: City Council Via: Ray Windsor, City Manager From: Greg Luke, Director of Public Works Subject; Amapoa-Tecorida Drainage Issue Date: September 30, `1992 i Background: At the September 22, 1993 Council meeting, staff was directed I! to report back to Council on the issue of storm drain improvements requested by residents along' Atascadero Avenue. The drainage structure and associated flooding roblems refer- enced at the Council meeting are shown on the attached figures. The concrete box is a highly unconventional drainag 'faci.lity. It is located adjacent to Morro Road, capturing water f om an upstream watershed. During minor rain storms, the run off w ter flows into the concrete structure and down a drainage ditch along MorroRoad through an 18-inch pipe When the volume of storm run off in the box rises to a' height of 12 inches, water begins to overflow a wooden all (or weir) constructed on the side of the structure. Under these conditions, water is flowing in both directions: a portion down the Morro Road ditch and a portion through a drainage ditch which drosses several privately-owned lots. Assessment of Legal Responsibility: The diversion box is a Caltrans facility located in their right-of-way. All water flowing from the box passes either onto private property (over which Caltrans has a drainage easement) or down the Morro Road drainage channel, which is in the Caltrans right-of-way. By all logic, this is either Cal rans's or the property owner's responsibility. The City currently has neither the authority nor the responsibility to correct drainage problems either within Caltrans's right-of-way or on private property. Status of City's Progress in Remedying';the Amapoa-Te orida Flooding Problems: Aside from any legal responsibility for a specific flooding problem, the City has long recognized that finding a comprehensive solution to the overall drainage problems in the basin n is a capital 000062 improvement priority. Consequently, the City has identified Ama poa/Tecorida in its adopted CIP, both short and long-term. The land is quite flat and level over much of the lower por- tions of the Amapoa-Tecori.da Drainage Basin Consequently,' even small quantities of water can cause flooding problems. In addi- tion, minor alterations to the landform, such as berms or the growth of riparian vegetation, can dramatically alter the flow pattern. For example, a property that. had heretofore never been flooded may suddenly receive considerable quantities of water when another property in the neighborhood performs even minor +gFading. It is City policy to require new construction to take all mea- sures necessary to insure they 1) are properly protected against flooding, and 2) improve local drainage channels and culverts to facilitate the flow of drainage water. In addition and in response to the area'-wide problems of Amapoa/Tecorida, the City established a special fee that is collected from all new buildings constructed' in the drainage basin. The fund currently has accumulated approxi- mately $155,000. The project in question is just part of the overall drainage upgrade in the Amapoa/Tecorida basin and was estimated to cost about $75,000. It was authorized by Council as part of this year's CIP projects. Unfortunately, when staff began to gear up for the implementation of the improvement, north County Engineering indi- cated that our initial intentions were, in fact, inadequate to solve the problem(s) identified. In this regard, I have asked N.C.E. to provide comments about the project and what, from their standpoint, should (must) be done to address the issue(s) raised at the Council meeting on September 22nd. Based upon this response, staff seeks further Council direction before proceeding further. Attachments: Corres. from N.C.E. , dated Exh. I: Drainage patterns in the vicinity of_ the Caltrans diversion box Exh II: Morro Rd. diversion box, schematic view Exh. III: Conceptual Improvement Plan 2 000063 ft l � NORTH COAST ENGINEERING, INC. rV� Civil Engineering • Land Surveying • Project Development i October 5, 1992 Mr. Greg Luke City of Atascadero - Department of Public Works 6500 Palma Ave. Atascadero, CA 93422 RE: Amapoa/Tecorida Drainage Project Dear Greg: In November 1991 the City of Atascadero requested that NCE provide a recommendation forP ossible measures which could be taken to alleviate the historical flooding which occurs between the concrete junction structure located approximately 800' north of Curbaril Avenue on Morro Road (Hwy 41) and Atascadero Avenue. This request was prompted by the residents along Atascadero Avenue who experience flooding even during relatively "mild" storms. Our investigation g n began with a field survey. of the subject drainage channel. This survey located existing culverts, swales and other prominent drainage features which can affect both the quantity and characteristics of storm water run-off. It also included a topographic survey of the swale which parallels Tecorida Avenue from San Andres Avenue to the junction structure described above. The hydrologic characteristics of the site were carefully evaluated assuming the upstream drainage basin was fully developed per the most recent zoning maps. The peak flows for the 10-year, 25-year and 100-year sconns were calc :lateu. These flows were then routed through the existing drainage channel to determine the historic extent of flood waters. The HEC-2 backwater analysis program was used to determine the water surface elevation at various locations along'', the subject channel. This subsequently allowed the determination of the approximate extent of flood waters at these locations. Briefly, the HEC-2 backwater program was developed by the U'.S. Army Corps of Engineers to calculate water surface profiles for steady gradually varied flow in either natural or man-made channels. The backwater analysis was also used in the evaluation of the hydraulic characteristics of the proposed improvements. 715 24th Street, Suite 0 Paso Robles CA 93446 (805)239-3127 FAX(805) 239-0758 000064 Flooding along the subject channel was found to be caused by the large volume of run-off reaching the site and a backwater condition caused by undersized culverts at San Andres Avenue and at Hwy 101. Coupling the large run-off volume with both the downstream restrictions and the site's flat topography severely limits the effectiveness of any improvements to the subject channel which are economically feasible. It is recommended that an attempt should be made to reduce the storm water run-off reaching the site. One option would be to intercept it southeasterly of the intersection of Curbaril Avenue and Hwy 41 and route it directly into Atascadero Creek. Reducing the flow at the site and resizing the culvert at San Andres Avenue may allow and economically feasible improvement to the subject channel. Sin erely, John B.Neil JBN/dmv 9115701.ATA 000065 EXHIBIT I X I rn Q T rn s � T rn m D h m � m y � 3v 7C � � Q�l o a i Z CURBAR1L 00006s EXHIBIT II NEW CONCRETE DIVER50AI BOX WOOD WEIR D; 0 C,y MORRO RD_ DI VER50AI 80X SC14EMATI C VIEW N.T. S. 00006'7 EXHIBIT III i AMINO— dA AM J A I � a IMPROVE DRAINAGE CHAUNELS 1 CUL Me TS o � FUTURE PUM P a � STATION Qt SPILLWAY PROTECTION OOMCEPTUAL. IMPROVEMENT PC411 AMA POA - TECORI DA DRAIMAGE AREA AST FEE AREA BOUNDARY 000068 REPORT TO CITY COUNCIL ITEM: D 2 DATE: October 131292 FROM: Andrew J. Takata, Director Department of Community Services THROUGH: Ray Windsor, City Manager SUBJECT: v L >O OTHER CITY FACILITY USAGE REE RECONSIDERATIQN RECOMMENDATION: The Parks and Recreation Commission does not recommend increases to the facility usage fee schedule at this time, and further recommends reconsideration �of this item by, both the Parks and Recreation Commission and City Council in Februa , 1993. BACKGROUND: On April 23, 1992,; the Parks and Recreation Commission made a determination to reconsider -the usage fee structu a for the newly' constructed Atascadero Lake Park Pavilion in Octo er, 1992. The six-month continuance would allow for adequate data to be compiled to determine if a 'City deficit exists in.- usage :-evenues versus operating costs. On September 17 1992, the Parks and Recreation Commission made the above recommendation to continue the issue' of ncreasing City facility usage fees to February, 1993 to readdress the issue at the mid fiscal year. The additional review :in February would insure that a monetary deficit to the City, if incurred, would not continue for a prolonged period of time. DISCUSSION: With due respect to the Commission's recommendation of September 17, 1992, staff continues = to maintain its recommendation of moderate increases to the City's facility usage fee structure, as depicted in proposal attached. AJT:kv Attachments Proposed Fee Structure Parks and Recreation Commission Draft Minute - 9/17/92 '40 City Council Minutes - 6/23/92 ;fees. l 0000 REPORT TO PARKS & RECREATION COMMISSION ITEM: DATE: 9117192 FROM: Geoff English, Recreation Supervisor Department of Community services THROUGH: Andrew J. Takata, Director Department of Community Services SUBJECT: PAYJLIgJ An OTHER gITY FACILITXFE T U MECO 1�ATION: The Parks and Recreation Commission condone the City facility usage fees as proposed on the attachment, and recommend the City Council approve and direct implementation of the fee amendments. BACKGROUND: Six months ago, the Parks and Recreation Commission reviewed the proposed rental fees for the Atascadero Lake Park Pavilion At that time it was determined that the fees should be reviewed in six (6) months to verify that the fees cover all operating costs. DISCUSSION: Staff does not recommend any policy changes at this time. The attached "Proposed Facility Usage Increases" propose usage fee ' amendments to the Pavilion and various other City rental facilities. Fee amendments were based upon a review of the past four months of operation. FISCAL IMPACT Based on projections for facility use during the fiscal year 1992/93. The potential revenue increase will be approximately $4,075.00. GE':kv fees ; Attachments 0000'70 f PROPOSED FACILITY USAGE INCREASES AS OF 9/17/92 FACILITY GROUP CURRENT FEE PROPOSED FEE Pavilion-Rotary Rm C $25/hr $30/hr+ D $35/hr $40/hr+ E $60/hr $50/hr* Pavilion-Gronstrand E $50/hr $40/hr* Pavilion- Gronstrand/Rotary C $40/hr $45/hr D $55/hr $60/hr E $100/hr $80/hr* Pavilion- Gronstrand/Rotary/ Community Rooms C $40/hr $45/hr+ E $125/hr $100/hr* Pavilion - Community Room E $35/hr $30/hr* Gazebo B $7.50/day $10/day@ E $50/day $40/day* Barbecues 1 or 2 B $12 . 50/day $15/day@ E $50/DAY $40/day* Barbecue 3 B $7.50/day $10/day@ Note: Groups are listed as follow: Group A - Organizations recognized for fee waiver by the City. Group B - Organizations recognized for fee discount by the City. Group C - Resident individuals/organizations Group D - Non-resident individuals/organizations Group E - Commercial individuals/groups/organizations Staff suggests the above fee amendments as follow: * - None of our facilities have been rented at thee' commercial rate in the past four months. By reducing this rate, we may rent the facility on occasion at a higher rental rate. @ - Increasing the non-profit rate on barbecue areas and the gazebo would have a minimal impact on rentalgroups. + - The Rotary Room and Gronstrand Room are the mast often rented rooms for weekend receptions and functions. The minor price increase should not affect the demand. 0000'71 ATASCADERO LAKE PARK PAVILION BUDGET REVIEW MARCH - JULY, 1992 DIVIDED BY EXPENDITURES YEAR TO DATE 4 MONTH- AVERAGE Temporary part time employee salaries: $ 11, 128. 01 $2,782 .00 PERS/Retirement costs $ - 478. 65 $ 119.66 Overtime costs $ 175.32 $ ---- Workers Compensation costs $ 499.36 $ 124.84 Medicare costs $ 162.03 $ 40.51 Photocopying $ 57.51 $ ---- Administrative expenses $ 70.40 $ ---- Utilities - Water $ 116. 00 $ 29.00 Utilities - Electricity $ 4, 672. 05 $1, 168. 01 Utilities - Gas $ 575.88 $ 143 .97 Personnel Safety Supplies $ 67.84 $ ---- Custodial Supplies $ 6, 464 .92 $ ---- Building Repair Supplies $ 1,790.22 $ ---- Landscaping Supplies $ 1, 274 . 30 $ ---- Recreation Supplies $ 885.41 $ ---- Operating Supplies $ 47.46 $ ---- Contract Services/Rec. 1 1, 100.79 $4 ,408. 00* * - The average monthly total of the previous four months, projected over the remainder of the current fiscal year - will be $52, 900.00. REVENUE• MCtRMY OVER YEAR TO DATE LAST 4 MONTHS Pavilion Rentals $10,909. 19 $2,727. 30 Investment Earnings $ 155. 66 $ 38.92 TOTAL = $11, 064.85 $2,766.22 Annual project based on the previous four (4) months of operation equals $33 , 194 .64 . BOTTOM LINE COSTS: ACTUAL PROJECTED* Expenditures $29,925. 06 $52,900. 00 Revenue $11, 064 . 85 $33 ,200. 00 DIFFERENCE _ $18,860.21 $19,700. 00 Note: All of the above projections are based on actual expenditures over the past four (4) months of operation (April 1 - July 31, 1992) . The start-up costs include the dedication ceremonies expenditures and purchase of supplies have made a significant difference in the bottom line cost for the Pavilion. 000012 s The approximate start-up costs were as follow: Dedication $2, 000. 00 Custodial Supplies $5, 000. 00 Landscape Supplies $1, 200.00 Building Repair Supplies $1, 300.00 Tools $ 300.00 Office Supplies $ 100. 00 TOTAL = $9,900.00 (Approximate start-up costs) Also, the actual revenue projections are_ somewhat misleading due to the Pavilion not being utilized to capacity. Since that time, monthly rentals have increased the revenue monthly totals. In addition, the Pavilion concession (which recently ''came on line in August) will provide additional consistent monthly revenue. A more realistic projection of revenue is as follow: MONTHLY REVENUE PROJECTIONS: Rotary $ 150.00/month Board of Realtors $ 125. 00/month Quota Club $ 50. 00/mont4 4 private Saturday rentals x $400. 00 each (average) = $1, 600. 00/month 3 private Friday rentals x $100. 00 each (average) = $ 300. 00/month • Food Concession percentage average income = $ 600. 00/month 10 miscellaneous meetings @ $50.00 each (average) _ $ 500. 00/month TOTAL = $3,725.00 Projected revenue over a 12 month period = $44,700. 00 Projected expenditures over a 12 month period = $43 ,800. 00 PROJECTED NEGATIVE DIFFERENCE $ 900.00 Note: As of this August, the part-time Recreation Coordinator position became vacant. If this position remains vacant there would be a possible savings of: Salaries (par-time) $680. 00/month Retirement $ 50. 00/month Workers Compensation $ 17 .00/month Medicare $ 16. 00/month TOTAL MONTHLY SAVINGS = $757. 00 ADJUSTED EXPENDITURES FOR FISCAL YEAR 1992193: MONTHLY TOTAL $3, 650.00 $43,800.00 0000'73 UKAFT CITY OF ATASCADERO PARKS AND RECREATION COMMISSION MINUTES SEPTEMBER 179 1992 _ 6:00 P.M. PAVILION - COMMUNITY ROOM 9315 Pismo Avenue Atascadero ITEM 1 - CALL TO ORDER: Meeting is called to order at 6: 15 p.m. ITEM 2 - ROLL CALL: Commissioner Bench Commissioner Smart - Absent Commissioner Beatie Commissioner Cooper Commissioner Schulte - Late Arrival Commissioner Butz Commissioner Coniglio STAFF: Geoff English, Recreation Supervisor, Department of Community Services Alan Metzler, Zoo Manager Karen Vaughan, Secretary to the Parks and Recreation Commission 0000'74 gr : ,,KAFi ITEM 7 - A - PAVILION AND OTHER CITY FACILITY USAGE, FEES (EXCLUDING ZOO) (Cont'd from 4/23/92) Geoff English, Recreation Supervisor, states that the Parks and Recreation Commission reviewed proposed usage feels for the newly constructed Pavilion in April, 1992 . At that time, the Commission moved to re-consider the fee structure in six months to insure a balance of revenues/operating costs. Mr. English, Recreation Supervisor, states that a four month evaluation of the Pavilion depicts a $11, 000 deficit. -The deficit is partially due to start-up costs equating to approximately $9, 000. 00. Staff is hopeful that with increasing facility reservations the Pavilion will move into a "break even" revenue/operation monetary position through the rest of the fiscal year. This break-even projection is not inclusive of administrative/registration/ maintenance staff time or repair/depreciation/replacement of Pavilion equipment. Mr. English clarifies to Commissioner Schulte that the current Pavilion Special Revenue Fund budget does not cover repairs or replacement to equipment. These expenses budgeted annually through the General Fund. • Staff is proposing usage fee increases for the Pavilion of approximately $5.00 per hour for resident/non-resident category and a decrease of approximately $20-$25 per. hour for commercial category. Staff is also proposing a usage fee increase to the Atascadero Lake Park "Gazebo" of $2 . 50 per day for resident/non- resident category and a decrease of $10 per day, for commercial category. Group barbecues are proposed to have a ; fee increase of $2 . 50 per day for resident/non-resident category, and a decrease of $10 for commercial category. Staff is proposing a reduction to the "commercial" usage rate on various facilities to attract this type of rental, as no commercial applications have been received. Any facility rental increases, if approved by the Parks and Recreation Commission and City Council, would affect applications filed after the Council action. Staff clarifies to Commissioner Schulte that a security deposit, posted by the applicant prior to usage, may be retained to cover facility damage that could occur during an event. ' Commissioner Beatie discusses an alternative of charging for room set-up, which is now provided by staff, and for 'equipment usage (slide projector, etc. ) . Mr. English verifies that staff time for set-up/tear-down and City-owned equipment usage is currently • covered in the facility hourly usage fee rather than separately. City staff always provides table/chair/City-owned equipment set-up 000075 D"'RAFT so to reduce liability risk and equipment damage. Commissioner Schulte summarizes her understanding from staff of a "bottom line" approximation that if fees are not raised at this time, with reservations continuing/increasing, there will not be a monetary deficit realized by the City this fiscal year. Mr. English feels that if reservations at the Pavilion continue at a similar or greater rate, a rental. fee increase may - not be required this fiscal year to avoid a monetary deficit. Commissioners Butz and Cooper feel that since the Pavilion usage fees are new to the public, and there is no great fear of a monetary deficit to the City from current Pavilion rates for fiscal year 1992/93, that leaving the rental fees in place would reduce confusion and allow the public to become knowledgeable of the current fee structure. Commissioner Beatie suggests reviewing the fees again at the mid fiscal year to insure a monetary deficit is not occurring. MOTION: commissioner Beatie moves to propose no City facility usage fee increases to the City Council at this time, and to reconsider the facility revenues/ operation costs again in February, 1993; Motion carries 6-0 (Commissioner smart - absent) �I 00007.6 CITY COUNCIL MINUTES - June 23, 1992 MOTION: By Councilman Luna, seconded by Councilwoman Borgeson to • adopt Ordinance No. 248 on first reading; motion carried 5:0 by roll call vote. Mayor Nimmo called a short recess at 8:48 p.m. The meeting was reconvened at 9:00 p.m. D. REGULAR BUSINESS: I. CITY FACILITY POLICIES, PROCEDURES AND FEES MANUAL UPDATE/RE- VISION _ Andy Takata provided an overview of changes to the City Facility Policies and recommended approval. He responded to brief questions from Council regarding fees, alcoholic beverages, insurance requirements and employee costs. There were no questions or comments from the public. MOTION: By Councilman Luna, seconded by Councilman Bewley to accept the amended "Facility Policies, Procedures, and Fees Manual" , as presented; motion carried. 2. DEVELOPMENT PERMIT PROCESS REVIEW Henry Engen followed up on staff' s suggestion that the City Council tour the third floor to walk a permit through a simulated development review process. Mayor Nimmo suggested that a flow chart illustrating the process would be helpful. Councilman Luna proposed that the Planning Commission be given the same orientation. Councilman Kudlac added that if anyone from the general public was interested, that they should also be included. By consensus, the concept was approved. 3. SIGN ORDINANCE VIOLATIONS STATUS Henry Engen provided background and noted the presence of Bill Wittmeyer, Code Enforcement Officer. Staff' srecommendation, he noted, would be to not hold in abeyance current pending violations of the City' s sign ordinance but to instruct staff 'to continue an even-handed enforcement of the current ordinance, ]peeping in mind pending revisions. Councilman Kudlac voiced support for the alternative of suspending enforcement of Section 9-4. 132(a) ( "Permit Required"') for permanent signs currently existing, until such time as the sigh ordinance re- write is adopted. Councilman Bewley agreed. Public Comments: CC 6/23/92 • Page 6 0000'17 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: _ Through: Ray Windsor, City Manager Meeting Date: 10/13/92 File No. : 9405 Jaquima From: Henry Engen, Community Development Director 4% SUBJNCT: Partial development fee ;refund request by Michael and Valerie Lund. RECOMMENDATION: Deny the request. B#N.CRGROUNDZDISCUSSION: As indicated in their September 17th letter, the Lunds obtained a building permit for a home and garage at 9405 Jaq ima, which was applied for on March 14, 1991, and issued April 20, 1992. This permit was applied for prior to imposition of new development fees on April 10, 1991, and was therefore subject to the prior lower fee schedule. Subsequently, plans for a different building utilizing a different architect, engineer,, and contractor wee submitted for a larger single-family home (see attached history) Staff required that a new permit be applied for, and this was doe on August 7, 1992 , and issued on September 14, 1992. Fees f or the initial application were $4,329.33 and the post-April 1991 permit was sub- ject to a total` fee 'of $7, 552.53, due to its' location outside of the Urban Service Line. The ordinances relating to developer impact fees grz nt City Council discretion as follows: "The 'amount of the paymentc f a development impact fee and the timing thereof can only be alte ed pursuant to an agreement approved by the City Council of Atasca ero" . The per- mit that is before the City Council was applied for 16 months after Resolution 14-91 was adopted amending development impact fees. HE;ph Enclosures: Lund Appeal Letter, September 17, 1992 Building Permit History Summary, September 23 , 1992 cc: Mr and Mrs. Lund 000078 CITY OF ATASCADERD OFFICE of the CITY MANAGER September 24 1992 Michael & Valerie Lund 9560Jaquima Road Atascadero, CA 93422 _Dear Mr. & Mrs. Lund, I am in receipt of your letter of September 17, 1992, regarding a refund of a portion of your building permit fees. Unfortunately, a review of the situation reveals that I have no administrative control over this matter and, in fact, could. not recommend a waiving of fees despite the circumstances enumer- ated by you. However, in light of the fact that you have asked for City Council consideration, I will bring it to their atten- tion at their regular meeting of October 13, 1992. Sincerely, =NDSOR City Manager RW:cw c: Henry Engen, Community Development Director Art Montandon, City Attorney 6500 PALMA AVENUE ATASCADERO CA 93422 (845)461-5010 000079 A 9560 Jaquima'Road Atascadero, CA 93422 466-9379 September 17 1992 Ray Windsor City Manager City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 Dear Mr. Windsor: In July 1990, we purchased a four acre parcel in'northwest Atascadero with the dream of building a home. We put our mobile home in San Luis Obispo on the market. The economy at that time looked bright and we thought our mobile home would sell easily. We were wrong. Two years passed before we finally sold It at a loss in June of this year. Wanting to be ready to begin construction immediately upon the sale of the coach we started the permit process for our 1,768 square foot home in March of `91. That permit was paid for (and we assumed the contractor picked it up) on Nov. 27, 1991. It was finally issued to him April 20, 1992. (Copy enclosed). We moved into a rental in Atascadero in June and at that time found another contractor we felt we could trust and work with. We added square footage over the garage, enlarged the porch and changed from a slab to a raised foundation. We were very careful not to change the foot print of the house hoping the revisions to the permit would be quick and easy. However, the Atascadero Planning Department felt those changes were significant enoughto require a new permit. That permit (copy also enclosed) was issued September 11, 1992. As you know the city passed a rate increase in April of this year. Since we had to go through the permit process again the planning department had no alternative but to charge us the new rate on the entire project. All this leads to our question; could the city council review this particular permit and advise the planning department to refund a 000080 portion of the fees? This project is on a very tight budget. We plan to do all of the finishing work on our house ourselves to save money. We don't know where else to cut and the additional fees are not in our budget. We hope you agree there are unusual circumstances regarding this permit and will bring it before the city council for consideration. Please call if you have questions or if you would like to meet with us. Thank you. Sincerely, -7/- f Michael and Valerie Lund II 000081 MEMORANDUM TO: Ray Windsor FROM: Henry Engen DATE: September 23, 1992 - RE: Lund Fee Appeal: 9405 Jaquima Enclosed is the history of this permit. In a nutshell, they submitted plans for a different building and we had to essentially start all over again. Unfortunately for the Lunds,new development fees went into effect April 10, 1991 . Their initial permit was approved on May 21 st subject to the lower fee schedule while the subsequent project wasn't submitted until August 7, 1992. Hence, with the exception of the credits noted , they were subject to the fees in effect at the time. Ordinance #119, Developer Impact Fees, included the following Language" Sec.3- . 8.09" Alternative Payment.The amount of the payment of a Development Impact Fee and the timing thereof,can only be altered pursuant to an agreement approved by the City Council of Atascadero." This ordinance was inadvertently erased from the books by Ordinance # 183. Art has indicated we can justify continuing as if it was still in effect due to council intent. So, this could go to the council as a request, but I would have to recommend against granting it. A further question might be whether to charge an appeal fee( $200). Enclosures: Lund letter 9-17-92; Project History Summary 9-23-92 000082 i. M E M 0 R A N D U M DATE: September 23 . 1992 TO: HENRY ENGEN. COMMUNITY DEVELOPMENT DIRECTOR FROM: DEBORAH CINI . BUILDING TECHNICIAN SUBJECT: LUND / 9405 JAQUIMA (HISTORY - SUMMARY) 1 ) ORIGINAL APPLICATION SUBMITTAL SUBMITTED: MARCH 14 . 1991 PERMIT NUMBER: 91073 0006 PROJECT DESCRIPTION: TO CONSTRUCT A 1 , 790 FT2 THREE BEDROOM SFR WITH ATTACHED 480 FT2 GARAGE WITH 136 FT2 COVERED PORCH AND RETAINING WALLS. PERMIT APPROVED: MAY 21 . 1991 PERMIT ISSUED : APRIL 20 , 1992 2 ) ON JULY 20 . 1992 , A REVISION WAS SUBMITTED TO THE BUILDING DIVISION IN REFERENCE TO THE ABOVE PROJECT . ON JULY 27 . 1992 . THE REVISION WAS REJECTED BY THE BUILDING DIVISION FOR THE FOLLOWING REASONS : A. ALTERATIONS WERE FAR MORE THAN A REVISION . BUT A COMPLETE CHANGE OF THE ORIGINALLY APPROVED PLANS . B . NEW ENGINEERING C . NEW ARCHITECT 000083 NEW APPLICATION SUBMITTED: AUGUST 7 . 1992 NEW SUBMITTAL WAS PROCESSED 'THROUGH RE�7IEW - BY THE PLANNING DIVISION , PUBLIC WORKS AND THE BUILDING DIVISION. (REVIEWED ( 3 ) TIMES BY BUILDING ) PERMIT APPROVED: SEPTEMBER 10 , 1992 PERMIT ISSUED: SEPTEMBER 14 , 1992 PERMIT NUMBER: 92220 0004 PROJECT DESCRIPTION: TO CONSTRUCT A 2 , 198 FT2 THREE BEDROOM SFR WITH ATTACHED 430 FT2 GARAGE AND 544 FT2 OF DECKING * THE ONLY ITEM THAT REMAINED THE SAME WAS THE ENGINEERED SEPTIC SYSTEM WHICH WAS NOT SUBJECT TO ANOTHER REVIEW . *(. FOR THAT REASON THE PROJECT'S PLAN CHECK FEE FROM ORIGINAL PERMIT WAS CREDITED $30 TOWARDS THE NEW SUBMITTED PERMIT ALONG WITH THE COMPLETE TRANSFER OF THE CONSTRUCTION FEE, EARTHQUAKE FEE, DEVELOPMENT FEE, GRADING FEE & TREE FEE. ', THE PROJECTS DEVELOPMENT FEE INCREASED DUE TO THE ADOPTION OF NEW FEES AS OF APRIL 10 , 1992 , SUBJECTING THIS SFR (OUTSIDE URBAN SERVICES ) TO $2 . 139 A SQUARE FOOT. FEE COMPARISON OLD NEW CONSTRUCTION FEE $ 1 . 160 . 42 52 , 184 . 96 PLAN CHECK 417 . 22 517 . 84 EARTHQUAKE 14 . 67 18 . 21 DEVELOPMENT FEE 2 , 037 . 02 4 .',701 . 52 GRADING 50 . 00 50 . 00 TREE FEE 50 . 00 50 . 00 ENCROACHMENT 30 . 00 **APPLICANT WAS ALSO REQUIRED TO PAY ADDITIONAL SCHOOL FEES DUE TO SQUARE FOOTAGE INCREASE TOTALING 408 FT2 UNPAID i 000084 Date Received: 03/14/91— lot PERMIT Date Issued. y 9 �0 PERMIT NO. 51073 0006 ADDRESS OF PROJECT: 9405 JAQUIMA Owner O Lessee 0 Mail Address we — LUND MICHAEL W & VALERIE J SLO, CA 93405-6221 Contractor/Builder 374393 AddresslbdU HAMADA C. DUNN INC. PASO ROBLES, CA 93446 Phone 805/238-4444 Arch.BngrJDesigner Addm"158U RAMADA Phone C DUNN PASO ROBLES CA 93446 805/238-4444 Type of Project: O New (3 Add. O Alter 0 Repair 0 Demolish 0 Move Cl Install Cl Compliance Survey 0 Change of Occupancy 0 Other 101 Project Description: CONSTRUCT A 1,790 FT2 THREE BEDROOM SFR WITH ATTACHED 480 FT2 GARAGE WITH 136 FT2 COVERED PORCH. . . RETAINING WALLS Legal Description: Assessor's No. 050201004 Use Zone RS Lot Area CY ATAS ATAS COL BL 55 LT 29 0.00 TYPE OF CONSTRUCTION: Type No. VN Occupancy Group R3 VALUATION $146702.00 REQUIREMENTS/CONDITIONS: BUSINESS LICENSE FEES: 1760.42 WORKER'S Construction : COMPENSATION INSURANCE (J Plan Check : 417.22 STATE CONTRACTOR'S LICENSE. . Earthquake : 14.67 04DFD 2037.02 05GRD 50.00 OBTAIN DRWY ENCR THRU PUBLIC WORKS ROOM 308. . . 06 AT 0.00 07 DF 0.00 09 TR 50.00 0.00 TOTAL FEES : $ 4329.33 PAID TO DATE : $ 450.00 BALANCE DUE : $ 3879.33 1 have read the FRONT and BACK of this permit carefully and agree with requirements. 0 Owner ❑Agent 2l Date Paid:1 J, ( 4-00- 42. Receipt No.: -11 P 3, X19. 33 Signature( ` u'ed on back also) Date 6a sa,,.ti f�iH6y Act �t���(�( Agent's Name Printed 00 00085 Date Recaeive& 08/07/92 a 4 gig 111A PERMIT- 1 � Date Issued: • PERNIIT � '° NO. 92220 0004 ADDRESS OF PROJECT: 9405 J AOU I MA Owner O Lessee 0 Mail Address one8057,166-1319 LUND MICHAEL W & VALERIE J SLO. CA 934033643 ContrworBuilder 4b3U3I/31Js33t Addres,1020 111H 311tthl Lic.No. i i PALOMAR ASSOCIATES PASO ROBLES. CA 93446 (tone 805/238-5514 Arch4ngrJDesigner Addres,141i HAHBtLLA LAAEPhone - HRB DRAFTING TEMPLETON CA 93465 805/237-3746 Type of Project: 0 New O Add. 0 Alter O Repair O Demolish 901fove ! 0 Install 0 Compliance Survey 0 Change of Occupancy 0 Other Project Description: CONSTRUCT A 2,198 SO. FT. THREE BEDROOM SFR WITH ATTACHED 430 S8. FT. GARAGE & 544 SO. FT. DECKING. . . . . Legal Description: Assessor's No. 050201004 UseZow RS Lot Area CY ATAS ATAS COL BL 55 LT 29 0.00 TYPE OF CONSTRUCTION: Type No. VN Occupancy Group R3 VALUATION $182080.00 REQUIREMENTS/CONDITIONS: FEES: BUSINESS LICENSE Construction 2184.96 STATE CONTRACTOR'S LICENSE Plan Check ; 517.84 WORKER'S COMPENSATION INSURANCE. . . . . . Earthquake 18.21 040D5 4701.52 05GRD 50.00 06 AT 0.00 07 DF 0.00 08 KF 0.00 09 TR 50.00 10SWR 0.00 11EtiC 30.00 TOTAL FEES : $ 1552.53 PAID TO DATE : $ 387.22 BALANCE DUE : $ 7165.31 1 have read the FRONT and BACK of this permit carefully and agree with requirements. O Owner ❑Agent L QQ _ — Date Paid: 1 �= Receipt No: Signa�Required o *kal—r-o)7- Date Agent's Name Printed 000086 Date Received: 03/14/91 l:,: , ,. ,Y7. -, PERMIT Date Issued, 9a PERMIT NO. 91073 0006 ADDRESS OF PROJECT: 9405 JAQUIMA Owner O Lessee 0 MailAddrusiUUT JANE UK Phone LUND MICHAEL W & VALERIE J SLO, CA 93405-6221 CoatractorBuilder 374393 Addre"15BU LiAMADA Lie.No. C. DUNN INC. PASO ROBLES, CA 93446 Phi 805/238-4444 Arch,Bngr,/Designer Address 0°e C DUNN PASO ROBLES CA 93446 805/238-4444 Type of Project: O New O Add. 0 Alter O Repair O Demolish O Move O Install O Compliance Survey O Change of Occupancy O Other 101 Project Description: CONSTRUCT A 1,790 FT2 THREE BEDROOM SFR WITH ATTACHED 480 FT2 GARAGE WITH 136 FT2 COVERED PORCH.. . RETAINING WALLS Legal Description: Assessor's No. 050201004 Use Zone RS Lot Area CY ATAS ATAS COL BL 55 LT 29 0.00 TYPE OF CONSTRUCTION: Type Na VN Occupancy Group R3 VALUATION $146702.00 REQUIREMENTS/CONDITIONS: FEES: BUSINESS LICENSE �'/ FE Construction 1760.42 WORKER'S COMPENSATION INSURANCE 0 : Plan Check : 417.22 STATE CONTRACTOR'S LICENSE. . Earthquake : 14.67 04DFD 2037.02 05GRD 50.00 OBTAIN DRWY ENCR THRU PUBLIC WORKS ROOM 308. . . 06 AT 0.00 07 DF 0.00 09 TR 50.00 0.00 TOTAL FEES : $ 4329.33 PAID TO DATE : $ 450.00 BALANCE DUE : $ 3879.33 J have read the FRONT and BACK of this permit carefully and agree with requirements. O Owner O Agent Date Paid: —�' Receipt No.: -Z -�f P 40 3, Signanrre j u'ed on baekalso) Date it 1'1g` q( -14� 12 Agents Name Printed fj3 (� 00008'7 Date Received: 08.'0 7"92 PERMIT Date 886d: : ,+.PERMIT NO. 92220 0004 - ADDRESS OF PROJECT: `'I',� J' t I I[A Owner O Lessee O Mail Address` " Phone u u r LUND i4PIIALL VALERIE J SLC. CA 934033643 Contractor/Builder 1 0 d I' Addresst G r Lle.No. LCl�F8A .hfB05dU23:8-551 1i ArchJBngr/Deitgner AddrwaTfi IPL1 fi0A1 CA 93465 Eialvia;� Phone `805 237=3 i 46e ` HUE DRAFTING Type of Project: O New 0 Add. O AlterO Repair _,8Z0 Demolisht,y,p Move; 0 Install Q Compliance Survey _ O Change of Occupancy: • O Other IO I Project Description: CONSTRUCT A 2,198 SQ. FT. THREE BEDROOM SFR WITH ,ATTACHED 430 SCS. FT. GARAGEA 544 Std. Ff. UICKING. . :u. . ...::. Legal Description: _ t'Assessor's No._.050201004 Use Zone M_ •stic'�.:,,:e Lot Area C1 ATAS :CTAS COI. BL 55 LT 29 0.00 ; TYPE OF CONSTRUCTION: Type No. VN Y'Occupancy Gronp="*' VALUATION szaaa `60 '= REQUIREMENTS/CONDITIONSc ' trV , _ . _ BSINESS'LI ' Y ' �F `s� � r _: FEES: Jn" �� r' .F .f. : Construction 2184.96 STATE CONTRACTOR ,S LICENSE Plan Check 511.84 WORKER'S COMPENSATION .I Nq'MANCE �. .:._. _ .a OE fart Qu18.21 ake 4 i O t.:,2 ._ :c`?Ifi; 3's 3° t-'6 ai_y#13ii T+ i1n, 05GRE) 50.00 ��}.S ice (♦ e��y son ' v.:.i_... ti � fl t).F oop.*' , gnivi oo erif r- -L'i34pd ai 06 AT - 0.00 i 0 0.00 ' 08 MF 0.00 09 'TR 513.011 _ 10SWR 0.00 ttE:yC 36.40 _..t. ,. ',t • . r. -:jV�.%__s • - - .-- .. - .. < Z11"0Ci fiw TOTAL FEES •,$ 7552.50" -lilt PAID TO DATE : $ 38 .zz 3,� ,C BALANCE DUE : $ 716 ;.31 I have read the FRONT and BACK of this permit carefully and agree with requirements.Y r i ' ' ``` �"" ' �' `" •" O Owner O Agent r ?"co atatPBtd. D Receipt No..F.,-71-7 y �'r Signaprre�Required o�k'ats� % Date Agent's Name Printed 000088 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: - Through: Ray Windsor, city Manager Meeting -Date: 10/13/92 File No. : CUP 03-84 From: Henry` Engen, community Development Director } , Greg Luke, Public Works Director SUBJECT: Appeal by Judy Young of 'sewer fees for California' lanor. RECOMMENDATIONS 4 Denial of the appeal. ALTERNATIVE: Direct staff to research - and recommend if apps priate a new service charge schedule for senior citizen/single room occupancy residential projects. BACKGROUND CaliforniaManor is a 95-unit senior citizen housing project, located at 10165 El Camino Real. It was approved as a Conditional Use Permit with a density bonus subject to the multi-family zoning standards in 1984. It has; recently come to staff's attention (refer to the attached letter from the Public Works Director), that the project' was being charged on the basis of sewer charges for rest homes and hospitals, which is $3 .50 per bed as opposed to apartment buildings where $9.86 per 'unit is charged. Judy Young has appealed this determination in her September 2B, 1992 'letter. ANALYSIS: The project was approved as a senior housing project with building permits issued for R1 occupancy (apartments) . Were the project identified as a rest home/hospital, both construction standards and licensing requirements would have been different.` Such uses must be designed to institutional standards, incorporating fire sprink- lers, etc. The City was a party to this development by processing a Community Development Block Grant, which was utilized to draw down the price of the land and resulted in a reduced' rental arrangement over the next thirty years, provided that the use per- mit conditions are complied with. 000089 Although the project was approved as a multi-family project and constructed and licensed as same, sewer fees were charged on the basis of a land use which has not been approved, i.e. , rest homed hospital The resultant annual loss to the sewer fund is $7, 250 a year. The issue before the Council is whether the fee being charged Cali- fornia Manor is in accordance with Resolution 90-88 However, staff finds merit in the argument that certain single roam occupancy buildings could generate less wastewater flaw than open- occupancy apartments.. This issue could become a factor` in determining service charges for the Carlton project. In the event that the Council has reservations about the propriety of the apartment rate on senior citizen complexes, Council could request the appellant to provide the City with such sewage flow data as they may have, and direct staff to evaluate the possibility of rec- ommending a new schedule for "senior citizen/single room occupancy complexes" . HE:ph Encls: Judy Young Letter - September 28, 2992 Greg Luke Letter August 5, 1992 Resolution No. 90=88 - Setting Sewer Service Charges Letter from Doug Davidson re. Use Permit - July 28, 1992 cc: Judy Young 000090 September 28, 1992 E C E City of Atascadero JL Council Members and City Manager 6500 Palma Avenue C!TVr Atascadero, Calif. 93422 Dear Council Members and City Manager, California Manor was recently notified by Greg Luck, Public Works, that are sewer charges are being increased from $3.50 per unit per month to the apartment rate of $9.80 per unit per month. California Manor is a low income congregate care facility, which consist of individual units and a common commercial kitchen, dining area and etc. We provide the residents daily meals, weekly housekeeping, activities, emergency response to pull cords and etc. The project was partially funded by a CDBG Grant. The majority of our residents are on very limited incomes. SSI recipients receive $645. a month. This sewer increase will cause significant hardship for many residents. Shortly after California Manor opened the existing Atascadero . Public Work Director, Paul (I believe) worked with' us to determine a rate that would cover our fair share of cost based on the Manor's actual usage. We provided several months water bills to document usage. The project was toured including the grounds being maintained. Monthly occupancy was reviewed. Data was obtained documenting the average Atascadero apartment housed 3.7 persons. In contrast our units our generally single occupancy. At the present we have 2 couples. We believe the council and city staff need to create a permanent lower rate for facilities such as the Manor. Please consider this letter as our official appeal' of the California Manor new designation. We request your review and reconsideration. Thank you. Sincerely, JuzYVYoung 000091 w CITY OF ATASCADERO s 0 DEPARTMENT OF PUBLIC-WORKS August 15, 1992 California Manor Edwdird and Judy Young ' 10165 91 Camino Real ; Atascadero, CA 93422 SUBJECT: Sewer Fees - California Manor Dear Mr. & Mrs. Young, In a review of th& files on California Manor, it has come to my attention that the sewer fees being charged are inappropriate. Actual use is snot as a conva si cOk care ation as aner as derlylMultiple under the current code. your de gr► � and the fees Family facility determines the sewer fee to be aharg must be adjusted from the current $3.50 "per month per bed to the $9.86 per month per unit charged for multi-family. I understand that you may be pursuing a change of use at this facility and if a change is accomplished the fees will be reviewed in light of the new designation. - If you haveany .questions regarding this adjustment, pleaso contact this office. Very truly yours, re, �ee f G' C3 L E Director of Public Works City. Engineer 6500 PALMA AVENUE ATASCAI)ERO,CA 93422 wascs.+ Tri leadW-san Gleyra=00,01-ow 000092 RESOLUTION NO. 90.88 A RESOLUTION OF THE COUNCIL OF THE CITY ';OF ATASCADERO SETTING SERVICE CHARGES FOR THE WASTEWATER DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, Section 7-11.001 of. the Wastewater Division Ordinance imposes a monthly sewer service charge for all premises connected to the public sewer system, 'or to which connection is available; and WHEREAS, The Public Works Department has analyzed the cost of treatment of effluent from each category and has set the service rate as appropriate. NOW, THEREFORE, the Council of the City of Atascadero does resolve to establish the following service charge schedule: a) Single Family Residential Unit $10.54 b) Apartment Buildings (per dwelling unit) 9.86 , c) Mobile Home Spaces (per square) 8.24 d) Hotel/Motel (per dwelling unit) 2.62 e) Rest Homes/Hospitals (per bed) 3.50 f) Commercial Unit 3.23 g) Office Buildings (per office unit) 3:21 h) Restaurants 40 seats or less 74.58 41 - 60 seats 109.35 61 - 100 seats 144 .12 More than 100 seats 1+78.89 i) Churches/Meeting Halls Less than 150 seats 15 .00 150 - 250 seats 25 .00 Over 250 seats 35 :00 .i) Schools (per student average daily attendance as of March 31 preceeding each fiscal year) 0.085 k) Service Stations 23.28 1) Laundry/Laundromat 145.85 m) Dry-Cleaners :basic commercial rate 3.23 plus per washing machine : 4 .88 n) Car Wash 78.18 o) Fire Station 99.26 P) Warehouses/Storage Facilities 17 .09 q) Theater - 44 .42 r) Any Occupied Premises not Connected to an Available Sewer 7.00 s) Truck Disposal of Sanitary Waste S'-A Per Standard Residential size truck 20.00 �'�L' 000093 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT �SCA►DF,� July 28, 1992 California Manor Edward and Judy Young 10165 El Camino Real Atascadero, Ca. 93422 SUBJECT: Conditional Use Permit 03-84 California Manor - 10165 E1 Camino Real Dear Mr. and Mrs. Young: We have received and subsequently reviewed your letter of June 25, 1992. The following comments address the proposed residential care licensing of California Manor in light of the project's prior Conditional Use Permit, including limitations of • the Farmers Home Loan agreement and Community. Development Block Grant, as well as Building and Fire Code implications. As you know, Conditional Use Permit 03-84 was approved as a senior housing project and building permits issued under a R-1 occupancy (apartments. ) As the Fire Department review of your State license application indicates, incorporating residential care into your facility, particularly for non-ambulatory tenants, changes the occupancy of the building from Residential to Institutional. This change dictates substantial design and structural improvements under the Building/Fire Codes, such as retrofitting the building for fire sprinklers. Most importantly however, a land use classification of residential care violates the Conditional Use Permit approval, as well as the associated loan and grant restrictions. Given the above concerns, if you have begun providing professional licensed care at your facility, you must immediately cease this aspect of your operation. This is any residential care which requires State licensing, or otherwise changes the occupancy classification of the project under the Municipal Code, Building Code, Zoning Ordinance, etc. This action must be confirmed in writing and verified by the City's Compliance Official, if necessary, within 60 days. 6500 PALMA AVENUE • ATASCADERO, CA 93422 Building Permits:(SOS)Kl-SOW Planning:(Do KI-SOS Enforcement:(1+051"I-wu Dlrft-wr low KI-5097 City Fax:(.OS)KI-060i 000094 If you decide to provide residential care in an official capacity, be aware that- this will require a revised Conditional Use Permit to change the land use of the project (or portion thereof) from elderly Multiple Family to Residential !Care. This decision would be made after a public hearing before the Planning Commission and include, but not be limited to, an analysis of the following issues: 1. Residential care land use characteristics in light of the City's density and development standards v. those required for multiple family projects. 2. Possibility' of modifying the grant and loan agreements to incorporate residential care into the project. How does this affect the loan agreement provision which requires that the residential units be available to low and moderate income tenants for twenty years? 3. Required design and structural improvements for a change from Residential to Institutional occupancy per the Uniform Building/Fire Code. No tenants can be accommodated for licensed residential care without triggering the above requirements. Any number of tenants needing professional care changes the project' s land '!use, occupancy classification, and Code requirements. This is based not only on the number of people needing care, but also the total number of tenants. Please notify us within 60 days of. your intentions by either: ( 1) confirming in writing that no change in occupancy has occurred, - subject to verification by the -Compliance Official; or (2) bringing the building back into compliance with its original approval as elderly apartments, subject to verification by the Compliance Official, if residential care is now being provided on the site; or (3) applying for a land use change to include residential care in the form of a Conditional Use Permit. We hope this has answered your questions regarding the status of your project and please call the office if you .have questions. Sincerely, 1 y� - Doug Davidson Senior Planner cc: Youngs (Redding, Ca. Vern Elliott, Fire Marshall Steve Hicks, Building Official jj"JLittmeyer, Compliance Official Community Development Director 000095 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda tem; - Through: Ray Windsor City Manager Meeting Date: 10/13/92 Fide No. Farmers Market From: Henry Engen, Community Development Director SUBJECT: Request to relocate Farmers Market from Entrada to`East Mall and to occasionally close Palma between East and West Mall for Farmers Market ,and BIA sponsored market-related activities. RECOMMENDATION: Approval of Resolution 94-92 . BACKGROUNDS The attached Letter of Intent has been received from Ken Jevec, President of the North County Farmers Market Association, seeking to relocateFarmers Market from Entrada to-- the west -side of East Mall between Palma and El Camino Real. Their intent is to estab- lish the sales booths facing the Mall, with the customers served from the Sunken Gardens. In addition, the Farmers Market and the Business Improvement Association have been in donsultation to permit the BIA to sponsor entertainment and events of mutual agreement concurrent with the Farmers Market. : The latter activity is proposed on Palma Avenue and will probably occ r only one '(1) day per month. With respect to 'Palma closing, the Farmers Market is interested in having use ,of that area as an option during the rainy season. Hence, the attached Resolution enables Farmers Market on the west half of East Mall or on Palma between East and West Mall, depending on the weather and subject to the BIA's sponsoring compatible entertainment activities. The attached draft resolution is patterned after the original enabling Resolution No. 110-88, with the above refinements. Staff did contact abutting landowners, who are supportive of the Farmers Market concept. With respect to hours of operation classes at the Junior High School end at 3 : 00 p.m. and Farmers Market is intending to be -open for sales starting at 3:30 p.m. , whereas the BIA is talking 4:00 p.m. for commencement of entertainment activities'. 000096 Hence, there may be some overlap in traffic, however, staff believes that the h .traffic will adjust to the presence of Farmers s Market activities on Wednesday afternoons. HEsph Enclosures: Letter of Intent, Ken Jevec, October 1, 1992 Resolution No. 94-92 cc: Ken Jevec, President, North County Farmers Market Association Frank Henderson, President, Business Improvement Association Atascadero Unified School District Paso Robles Press Dr. John Anderson Atascadero Senior Citizens Center' Mike Meranda, Wells Fargo Bank` 00009'7 f �; Date: October 1, 1992 �.1 VL-0 19 9 2 To: City Council City of Atascadero, California From: Ken Jevec, President North County Farmers Market Association Subject: Letter of Intent ------------------------------------------------- This letter shall serve as notice that the North County Farmers', Market Association agrees to hold a Farmers Market on East Mall Street between E1 Camino Real and Palma Avenue, in the area commonly known as the Sunken Gardens, between the afternoon hours of 2:30 and 7:30 every Wednesday. The vendors will sell on the grass area of Sunken Gardens. However, in the event of inclement weather or unsafe conditions, the vendors will be allowed to sell from the pavement area of East Mall Street or on Palma Avenue directly in front of the Administration Building. The North County Farmers Market Association shall maintain full authority and jurisdiction over its vendors. The North County Farmers Market Association agrees to provide all signage necessary for street closure and will allow for safe access to businesses 'on East Mall Street. • The North County Farmers Market Association agrees to provide liability insurance in the amount of not less than $500,000.00 naming the City of AtasCadero as additional insured. The City of Atascadero agrees to provide access to rest rooms in the Administration Building for the use of the North County Farmers Market Association vendors. The Agreement between the City of Atascadero and the North County Farmers Market Association allows that the Business Improvement Association be ,permitted to sponsor entertainment and events of mutual agreement to all parties during the times of the market. Both the Cit of Atascadero and the North County Farmers Market ';Association shall retain th rig to rescind or amend this Agreement with a fourteen day written notic `� Ken J ec, re4iqent North Coun Farm6Fs Market Association • 000098 RESOLUTION NO. 94-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AUTHORIZING CLOSURE OF EAST MALL BETWEEN EL CAMINO REAL AND PALMA AVENUE ON WEDNESDAYS BETWEEN THE HOURS OF 2:30 P.M. AND 7:30 P.M. AND THE OCCASIONAL CLOSURE OF PALMA BETWEEN EAST AND WEST MALL DURING THE SAME TIME PERIOD WHEREAS, the North County Farmers Association Inc. has, pursuant to Resolution No. 110-88, been operating a _Farmers Market in downtown Atascadero; and WHEREAS, the North County Farmers Association is desirous of being able to locate stalls on the west side of East Mall; and WHEREAS, the Downtown Master Plan encourages such activities in the Sunken Gardens; and WHEREAS, the Municipal Code Article 15, Section 4-2 . 21501 gives authority for temporarily closing streets for local special events; and WHEREAS, the partial closing of East Mall and closing of Palma is necessary for the safety and protection of persons who are to use that portion of the street. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atas- cadero as follows: SECTION 1. Resolution No. 110-88 is hereby rescinded in favor of this Resolution. SECTION 2. The City Manager or designee thereof is authorized to close the Westerly half of East Mall from El Camino Real to Palma Avenue and the closure of Palma between East and West Mall to through vehicle traffic between 2 : 30 p.m. and 7: 30 p.m. every Wednesday. Said closure shall. be affected in a manner agreeable to the Public Works Director, Police Chief and Fire Chief, SECTION 3. The North County Farmers Market Inc. is authorized to conduct operation of a farmers market subject to the following conditions: 1. Provide the City with a copy of the Farmers Market certifi- cate issued by the County Agricultural Commission. 2 . All sellers shall have Producer Certificates from the County Agricultural Commissioner and/or be selling farm products pursuant to other State regulations authorized by rules of the • ISI 000099 Resolution No. 94-92 Page Two Association (i.e. , the seller must be the producer, member of the producer's family, or employee of the producer member of the producer's family, or employee of the producer with no reselling allowed) . 3 . The Business Improvement Association is permitted to sponsor entertainment and events of. mutual agreement on Palma in con- junction with the Farmers Market. _ 4 . Barbecues in compliance with all Health Department rules are permitted. 5. Appropriate barriers, to the approval of the Public Works Department, shall be provided and positioned.' 6. The site shall be cleared of all rubbish and debris after each sale. 7. Hours of operation shall be limited to 2:30 pm. to 7: 30 p.m. 8. Temporary signage for the Farmers Market shall be limited to 40 square feet. 9. A certificate of insurance shall be provided, naming the City of Atascadero as additional insured, with a minimum liability coverage of $500, 000. 10. The City Council may, on fourteen (14) days' written notice rescind this authorization. On motion by Councilperson seconded by Council- person , the foregoing resolution is passed on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: By: ROBERT P. NIMMO, Mayor • 000100 Resolution No. 94-92 Page Three ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ART MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Director Community Development 000101 MEETI AT o MEMORANDUM DATE: 9/28/92 TO: Ray Windsor, City Manager FROM: Michael P. McCain, Acting Fire Chief SUBJECT; Office of Emergency Services (OES) fire eng1ne RECOMMENDATION Adopt Resolution No. 101-92 authorizing the execution of an agreement with the State of California Office of Emergency Services for temporary transfer of vehicular equ pment. ' BACKGROUND' Since approximately 1978, this department has been r uesting that a State Office of Emergency Services (OES) engine be housed in the City of Atascadero_ OES has dozens of fire apparatus (engines) placed around the state so that when a disaster strikes at any location in the state, a given number of resources; (manpower and equ pment) will be available to respond. At the last SLO County Fire Chiefs meeting, I met with our area OES representative and inquired about the possibility of am engine being available in the future. He informed me that an engine would be available and we met that afternoon to discuss the details. In brief, the engines are housed in departments that have available manpower to respond to mutual aid calls throug'�out the state approximately two to three times per year. Reimbursement is available after the first twelve hours in service. The engine can be used at a local level for mutual aid (which saves wear d tear on our engines) multiple alarm fires (which means it could be used as second out on our general alarm fires), fires threatening properties vital to national defense or important military installations, parades and displays, training of regular and auxiliary firefighters, ind temporary standby for assignee's regular apparatus and the regular apparatus of other,department while out of service for repairs. The available engine pumps 1000 gallons of water p r minute and carries 1000 gallons of water. It also has a complete invantory of tools. 000102 Memo to Ray Windsor 9/28/92` Page 2 PROS: I feel that with the limitations of our current brush truck (no roll bar or cab), this engine could be used as a water supply on hoselays for wildland fires, as well as for structure protection when needed. it will also provide the needed on-the-job training at mutual aid incidents (which are reimbursable). CONS: It does add one more piece of equipment to maintain. An engine of this size requires approximately four hours per week to service. If called upon for assistance, it would require three firefighters to be out of the city anywhere from one day to two weeks. FISQ& IMPACT The city would be responsible for cleaning, inventory, and light maintenance under $50. All repairs over $50 would be reimbursed by the state. After reviewing apparatus records of like engines, 'the annual maintenance cost the city would be responsible for should be under $1000 per year. W Ccs MICHAEL P. MCCAIN 000103 RESOLUTION NO. 101-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT The City Council of the City of Atascadero, California hereby resolves as follows: 1. The Acting Fire Chief is hereby authorized to execute an agreement with the State of California Office of Emergency Services for the temporarytransfer of vehicular equipment. 2. The City Manager 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 13th of October,'; 1992. ATTEST: CITY OF ATASCADERO By: LEE RABOIN, City Clerk ROBERT P. NIMMO, Mayor 000104 STATE OF CALIFORNIA PETE WILSON,Governor OFFICE OF EMERGENCY SERVICES r ° Fire and Rescue Division Q il CaT.Ti OR YI♦ 2800 M o, ri CaliforniaRoad Sacramento,Calirn95832 Phone: (916)262-1685 Night-Weekends:(916)262-1621 cxa � • fORA ]yp(i)OYy Stl1�i September 22, 1992 Michael McCain, Chief Atascadero Fire Department 6005 Lewis Avenue Atascadero, CA 93422 Dear Chief McCain, You fill find enclosed, two copies of Assignment of Equipment Form, Agreement for Temporary Transfer of Vehicular Equipment and Agreement for Use of Radio Equipment covering the assignment of OES Fire Engine No. 151 to Atascadero Fire Department. The agreement is effective September 22, 1992 and will terminate December 31, 1994. Please have the responsible official sign both copies of the above-mentioned documents and return the original of each to our office. It is necessary this office be furnished a Certificate of Insurance, or a letter certifying self- insurance, in accordance with Paragraph 11 of the Agreement for Temporary Transfer of Vehicular Equipment. If you have any questions regarding this assignment, please feel free to contact our office. You may be assured of our fullest cooperation. Sincerely, C' 2 w C. RICHARD ARONSON, Chief Fire and Rescue Division CRA/Ig Enclosures cc: Michael Freeman, Region I Coordinator Jim Jeffery, OES Assistant Chief Jim McFadden, San Luis Obisop County Area Coordinator 5.1 C:\AGREEFRM\TRANSFER.LTR 000105 State of California OFFICE OF EMERGENCY SERVICES Fire and Rescue Division SASSIGNMENT OF EQUIPMENT FORM DATE: September 22, 1992 DOC NO: F-1426 TO: Atascadero Fire Department 6005 Lewis Avenue Atascadero, CA 93422 ATIXI OQG AL:.> GUNTaTY 1. 1,000 GPM Triple-Combination Fire Engine, complete OES-151 1 2. with equipment per attached Exhibit "A" of Agreement 3. for Temporary Transfer of Vehicular Equipment. 4. 5. License Number: E-818246 6. Serial Number: G428421-1 i7. Motor Number: 116224 8. 9. 10. 11. REASON FOR TRANSFER: Assigned Location SIGN RES: 9 9%K �'•� Chief, Fire and Rescue Division Date i Chief, Atascadero Fire Department Date Form F-108, Revised 2/74 5.1 Q\AGREEFRM/F-108 00010E State of California OFFICE OF EMERGENCY SERVICES Fire and Rescue Division • AGREEMENT FOR TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT THIS AGREEMENT, entered into this 22nd day of September . 192 by and between the STATE OF CALIFORNIA acting by and between its duly appointed, qualified and acting Director of the Office of Emergency Services, hereinafter called the "STA TE," and the Atascadero Fire Department. acting by and through its duly appointed, qualified and acting officers, hereinafter called "TRANSFEREE", WITNESSETH. IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows: 1. The STA TE hereby transfers possession to TRANSFEREEand TRANSFEREE hereby accepts possession from STA TE of the fire apparatus and equipment listed on the attached Exhibit 'A" which is by this reference made a part hereof, for the period commencing September 22. 1992 and ending December 31. 1994 for the following civil defense and disaster purposes, namely. Mutual aid, multiple alarm fires, fires threatening properties vital to national defense or important military installations, parades and displays, training of regular and auxiliary firefighters and temporary standby for assignee's regular apparatus and the regular apparatus of other departments while out of service for repairs. a. Equipment inventories (Exhibit'A') may by mutual concurrence of the STA TE and TRANSFEREE be changed during the term of this agreement, utilizing property accountability procedures established or approved by the State. 2. Housing Maintenance Regair and Replacement. During the term of this transfer, TRANSFEREE agrees to adequately house, staff, operate, maintain and repair said fire apparatus and equipment (hereinafter collectively referred to as "the apparatus" except where it is desired to refer to equipment alone, in which case the term "equipment' is used) at its sole cost and expense, save as otherwise expressly provided in this agreement. Apparatus shall be housed on property of the TRANSFEREE in a manner to provide reasonable protection against inclement weather, sabotage, theft or malicious damage. Apparatus shall be maintained in such condition that it is available for instant emergency use, and at the same standard as other emergency apparatus operated by TRANSFEREE. Maintenance shall include care of hose, batteries, tires, appliances, lubrication and fuel, general cleaning and polishing, minor body repairs and periodic testing. Repairs shall include, without being limited to, motor tuneups, pump repairs, 31171 -1- Agreement for Temporary Transfer of Vehicular Equipment 00010'7 transmission, differential and all running gears, brake and exhaust systems, cooling IS devices including radiator, pump packing and so forth. a. Repairs for each individual item of repair shall epa rs to the extent of$50.00 0 p be the responsibility of TRANSFEREE. b. Repairs to the extent that they exceed$50.00 for each individual item of repair shall be the responsibility of STATE on a $50.00 deductible basis, unless in the judgment of the STATE the same results from misuse or negligence on the part of TRANSFEREE in the maintenance or use of the apparatus, in which event the cost of each such item of repair above $50.00 shall also be the responsibiNty of TRANSFEREE. In no event shall TRANSFEREE arrange for repairs costing above $50.00 for any item of repair, whether it deems the same to be the responsibility of STATE or TRANSFEREE, without first obtaining authorization in writing from the Office of Emergency Services. C. Notwithstanding the foregoing, replacement of hose, batteries and tires shall be the responsibility of STATE, save to the extent STATE deems damage thereto to be the result of negligence or misuse on the part of TRANSFEREE, in which event TRANSFEREE will bear such portion of the replacement cost thereof as the STA TE deems equitable. Procurement of tires, hose and batteries is subject to State fiscal policies and procedures, and written approval must be obtained for the Office of Emergency Services prior to procurement. d. Repair or replacement of the apparatus transferred hereunder which is consumed, lost, stolen, damaged or destroyed during mutual aid operations when STATE has dispatched or directed the dispatch of said apparatus through Regional or Operational Area Fire and Rescue Coordinators, or when STA TE has reassigned said apparatus pursuant to the provisions of paragraph 5 of this agreement, shall be the responsibility of STATE, providing that is any such loss or damage is due to the negligence of TRANSFEREE under such circumstances, TRANSFEREE shall be liable therefore to the extent that the STA TE deems equitable. TRANSFEREE agrees that it will assume responsibility in full for the repair or replacement of equipment which has been consumed, lost, stolen, damaged or destroyed in operations other than referred to in this paragraph. 3. Inspection of Apparatus. TRANSFEREE agrees that representatives of the Office of Emergency Services and other authorized State personnel may inspect the apparatus at any time during daylight hours. 4. Training. Reasonable and continual training shall be carried on so that trained personnel shall at all times be available to staff the apparatus for three eight-hour shifts per day of two personnel per shift if necessary in the event of a declaration of a state of extreme emergency or as requested by the STA TE. 5. Dispatching. All movement of the apparatus shall be handled through the official dispatching channels of TRANSFEREE. TRANSFEREE dispatchers will recognize and act on all official requests for movement of the apparatus in conformance with the 3/71 -2- Agreement for Temporary Transfer of Vehicular Equipment 000108 Fire Annex to the State Civil Defense and Disaster Plan and its subsequent revisions. STATE reserves the right to dispatch, direct the dispatch of, or temporarily reassign the said apparatus and equipment whenever, in the opinion of the Director of the Office of Emergency Services, his representatives or Operational Area and Regional Fire and Rescue Coordinators, such equipment and apparatus is essential to the protection of life and property in another jurisdiction. 6. Reimbursement for Mutual Aid Response. Reimbursement procedures for mutual aid response shall be in accordance with Exhibit "B" attached. 7. Cover-in or Standby. TRANSFEREE shall be permitted to use the apparatus under its control to move up or cover in as standby at fire stations when fire conditions require any given station to be covered, and as standby for regular apparatus out of service for repairs. In either case the Operational Area Dispatch Center shall be so notified. 8. Staffing. TRANSFEREE agrees to staff each piece of apparatus when responding to the fires referred to in paragraph 1 with a minimum of one experienced apparatus engineer and one experienced firefighter, or with personnel possessing equivalent experience. 9. Reports and Records. TRANSFEREE shall maintain daily and monthly reports on the details of use of the apparatus and training on forms provided by the STATE, and shall forward one copy of the reports monthly to the Office of Emergency Services, and shall keep and forward such other forms as may be required by the Director of the Office of Emergency Services or his duly authorized representative. In addition, a detailed report on the use of the apparatus on each response shall be submitted within seven days thereafter to the Office of Emergency Services, with copies of this report forwarded to the appropriate Operational Area and Regional Fire and Rescue Coordinators. 10. Report of Accidents. Immediately following any and all accidents involving this apparatus, it shall be the responsibility of TRANSFEREE to fill out State Form 270, "Report of Automobile Accident,"and file the report with the Office of Emergency Services. A copy of this report shall be retained by the TRANSFEREE and the original and four copies forwarded to the Office of Emergency Services. The original and three copies of the report will be filed by the Office of Emergency Services with the State Insurance Officer, and the fourth copy will be retained in the Office of Emergency Services files as a memorandum copy. 11. Insurance Protection. (Other than State Agencies) a. TRANSFEREE agrees forthwith to furnish evidence of insurance protecting the legal liability of the TRANSFEREE and the STATE pursuant to the provisions of Division 9, Chapter 1, Article 1 (Sections 17000 et seq.), of the Vehicle Code of California, with bodily injury limits of liability in the amount of$250,000/$500,000 and property damage limits of liability in the amount of$100,000, by means of a Certificate of 3/71 =3- Agreement for Temporary Transfer of Vehicular Equipment 000109 Insurance naming State of California as Additional Insured. Said certificate shall contain an agreement by the insurance company that it will not cancel said policy without 15 days prior written notice to the STA TE and that the STA TE is not liable for the payment of any premiums or assessments thereon. b. In the event the TRANSFEREE is self-insured, TRANSFEREE in lieu of a certificate of insurance shall furnish the STA TE a statement of such fact. In such event TRANSFEREE agrees to hold the STATE harmless from any personal injury or property damage claims arising out of its maintenance, use or operation of the apparatus under the terms of this agreement. 12. Insurance Protection. (Other State A_eg ncies) Any insurance necessary for coverage of the apparatus shall be the sole responsibility of the department having custody of the vehicle. TRANSFEREE agrees to report apparatus as being under its control to the Insurance Officer, Department of General Services. 13. Assignment. a. An assignment of the apparatus or any portion thereof by TRANSFEREE for any period not exceeding seven consecutive days within a given Operational ARea may be made with the consent of the Operational Area Fire and Rescue Coordinator, providing that at the time such apparatus is received, such assignee furnished TRANSFEREE and STA TE a letter to the effect that he assumes all obligations of his assignor with respect to such apparatus under this agreement during the period of assignment, including insurance coverage in accordance with paragraph 11 or 12, as appropriate. Any assignment by TRANSFEREE for a:period of more than seven consecutive days shall be subject to authorization by STA TE and execution of a written agreement with respect thereto with such assignee. b. Whenever apparatus is assigned in accordance with the provisions of this paragraph, regular TRANSFEREE shall be relieved of its obligations under this agreement during such period of assignment. 14. Optional Termination of Agreement. a. Either party may terminate this agreement upon 14 days written notice to the other parry, or TRANSFEREE may relinquish or STA TE may repossess any portion of the apparatus upon like notice to the other party, except that STA TE may repossess any portion thereof without written notice whenever it deems the same is not being maintained in accordance with this agreement. b. Save to the extent that it is relieved from liability therefore under other provisions of this agreement, upon the optional termination thereof (or the expiration of the same), TRANSFEREE agrees to return said apparatus in the same condition as received, reasonable wear and tear, acts of God, and conditions over which he has no • control excepted. 3/71 _4_ Agreement for Temporary Transfer of Vehicular Equipment 000110 C. As inventory discrepancies will occur whenever items of equipment are replaced, deleted or added by the STA TE or replaced by TRANSFEREE, it is mutually agreed that no amendment to this agreement need be made at the time of the change; provided however, at the termination of this agreement a complete reconciliation of all equipment will be made. TRANSFEREE further agrees that all replacements for equipment or apparatus will be made with identical or substantially like items. 15. Unauthorized Use on First Alarm Fires. Use of this apparatus on first alarm fires other than as specified in paragraph 1 with be considered a breach of this agreement. 16. The STATE may in its sole discretion and for such good cause as it determines waive in writing in whole or in part any requirement of this agreement that apparatus and/or equipment shall be maintained in operating condition, or repaired, or replaced, providing that any *such waiver shall be applicable only to the specific apparatus or equipment to which it refers. IN WITNESS WHEREOF the parties hereto have executed this agreement upon the date first above written. TRANSFEREE: STATE OF CALIFORNIA: Atascadero Fire Department RICHARD ANDREWS, Ph.D. Director Office of Emergency Services B ey y Michael McCain C. RICHARD ARONSON, Chief Chief Atascadero FD Fire and Rescue Division (Title) - (Title) 5.1 C.IAGREEFRMITRANSFER 3/71 -5- Agreement for Temporary Transfer of Vehicular Equipment 000111 State of California OFFICE OF EMERGENCY SERVICES Fire and Rescue Division EXHIBIT "A" - EQUIPMENT INVENTORY OES-101 Thru OES-165 ENGINE LICENSE SERIAL MOTOR NUMBER: OES-151 NUMBER: E-818246 NUMBER: G428421-1 NUMBER: 116224 1 - Deluge Set w/Stream Straightener 2 - Nozzle, 2-1/2" Shutoff w/Tips and Tips 1-1/2", 1-3/4", 2" 1 - Nozzle, 2-1/2" Fog 1 - Log Book/Credit Card 2 - Hose, Hard Suction 5" x 10' 1 - Fire Extinguisher 4# or 5# 1 - Strainer, 5" Suction Hose 1 - First Aid Kit i -Adapter, 5" x 4-1/2" DF Hydrant 1 - Soft Suction Hose, 2-1/2" x 12' 1 -Adapter, 5" x 4" DF Hydrant 5 - Cap, 2-1/2" Discharge 1 -Adapter, 5"x 2-1/2" DF Hydrant 1 - Plug, 2-1/2" Suction 1 -Wye, Gated 2-1/2" NHF x 2, 1-1/2" NHM 1 -Adapter, 1-1/2" IPF to 1-1/2" NHM 1 - Hose, Booster 3/4"x 150' 1 -Adapter, 1-1/2" PCF to 1-1/2" NHM 3 - Nozzle, 1-1/2" Combination 1 -Adapter, 1-1/2" NHF to 1-1/2" PCM 2 -Nozzle, 1" Combination 1 -Adapter, 1-1/2" NHF to 1-1/2" IPM 2 - Belt, Tailboard Safety 2 - Coupling, 2-1/2" DM 1 -Jack, Hydraulic w/Handle 2 - Coupling, 2-1/2" DF 1 -Wrench, Lug w/Handle 1 - Reducer, 2-1/2" NHF to 1-1/2* NHM 1 - Crank, Hose Reel 1 - Reducer, 1-1/2" NHF to 1" IPM 1 - Cable, Tow w/2 Shackle and Pin 1 - Increaser, 1" IPF to 1-1/2" NHM 24 - (*20) Hose, 2-1/2" NH 50' Length 1 - Siamese, 2-1/2u 8 - Hose, 1-1/2" NH 50' Length 1 -Wrench, Adjustable Hydrant 8 - Hose, 1" NH 50' Length 4 -Wrench, Hose Spanner 1 -Clamp, Hose (Hebert) 1 -Wrench, Hard Suction Hose Spanner 1 - Pike Pole. 4 - Strap, Hose and Ladder 1 - Ladder, 24' Extension 1 - Lantern, Hand, 6 Volt 1 - Ladder, 14' Roof 1 - Radio, Mobile Ser. #187376 1 - Block, Chock OES #35898A 1 - Hose, Soft Suction 4-1/2" x 12' 1 - Radio, Mobile Ser. #178483 1 - Kit, Radef OES #35898B 1 -Axe, Pickhead w/Mounting Bracket and Guard 1 - Book, Radio Maintenance Log 1 - Manual, Cat Diesel 1 - Mallet, Hard Rubber 1 - Manual, IHC 1 - Cutter, Boit 1 - Manual, Allison Transmission 1 - Shovel 1 - Manual, Hale Pump 1 - Bar, Crow 1 - Catalog, Parts IHC 1 - Hammer, Sledge 1 - OES Operations Guide 2 - Rope, 1/2" x 100' 1 - OES Bulletin Book 1 - Kit, Reflector, 3-Unit 1 - Hose Bed Cover, Aluminum (*Herculite) REMARKS: ACCEPTED BY: TITLE: DEPARTMENT: Atascadero Fire Department DATE: 5.1 C:\AC,REEFRM\EXHI81TA.101 7/77 -6- Agreement for Temporary Transfer of Vehicular Equipment 000112 State of California OFFICE OF EMERGENCY SERVICES Fire and Rescue Division EXHIBIT "B" - PROCEDURES FOR REIMBURSEMENT FOREST AGENCY FIRES ONLY The Office of Emergency Services (OES) has entered into a Cooperative Agreement with the U.S. Forest Service (USFS) and the California Department of Forestry and Fire Protection (CDF) covering personnel reimbursement for response of State OES-owned emergency apparatus to incidents where fire protection is the responsibility of USFS OR CDF. NOTE: OES has no other memorandums or agreements for personnel reimbursement while operating OES-assigned apparatus. Criteria: OES-owned emergency apparatus must be requested and dispatched through the State Fire and Rescue Mutual Aid System. Order and request numbers will be provided by the requesting Forest Agency for dissemination at the time of dispatch. These numbers will serve as authorization of request. If the above criteria is met, reimbursement may be claimed under the terms of the "Cooperative Agreement." Local jurisdictions assigned OES apparatus have the following options: 1. File no claim or request for reimbursement. 2. File a request.for reimbursement with the responsible Forest Agency (USFS or CDF) in accordance with the OES-Forest Agency Cooperative Agreement. If a request for reimbursement is filed under the terms of the Cooperative Agreement, the following will apply. 1. The California fire service utilizes mutual aid statewide. In line with this commitment to the mutual aid concept, there shall be no reimbursement pay for the first twelve (12) hours of the response. 2. Jurisdictions responding with OES-owned emergency apparatus (engines) are required to provide a minimum of three (3) qualified persons. This shall be considered a standard crew size. The Forest Agencies may specify a 4th person at the time of request. in no case will the Forest Agency request or pay for more than four personnel. In the absence of a specific crew size as part of the request, jurisdictions should not send more than three (3) persons with the apparatus. No assignee of OES-owned engines shall be required to ride personnel on the apparatus tailboard if it is contrary to department practice. 9/87 -7- Agreement for Temporary Transfer of Vehicular Equipment 000113 For reimbursement purposes, the number of personnel claimed shall not exceed the crew size requested at the time of dispatch. 3. Requests for reimbursement shall be for personnel, and not for the use of OES- owned emergency apparatus. 4. Reimbursement will be made to the jurisdiction assigned the OES apparatus. It will be the responsibility of that jurisdiction to make initial payment of salaries and incidental expenses, etc. to their own personnel, thereby not affecting any benefits derived from retirement or compensation insurance programs, etc. 5. Reimbursement shall be based on the time period of the response without regard to calendar days. The time period will begin when OESowned emergency apparatus leaves its assigned base on initial dispatch, and shall end when the apparatus is returned to its assigned base. Reimbursement will begin after the 12th hour. Any temporary release from service by, and/or redispatch' to Forest Agencies emergencies, shall not constitute a second, non-reimbursable time period. Equipment activated for assignment to a mobilization area will be reimbursed from the time of dispatch until return to home base. 6. Reimbursement shall be computed at the current rate established in the Cooperative Agreement. 7. This rate shall include salaries or wages of the crew, compensation insurance, costs involved in providing and transporting relief personnel, out-of-pocket expenses and incidental costs which may be incurred by the local jurisdictions in connection with the response. Local jurisdictions are responsible for providing subsistence for personnel enroute to and returning from the emergency. The responsible forest agency will provide subsistence during the emergency operation. The Office of Emergency Services is responsible for the cost of necessary fuel and maintenance enroute to or from an incident,provided the apparatus has been dispatched through the State Fire and Rescue Mutual Aid System. Credit cards have been provided to cover the purchase of fuel. At the scene of the emergency, the Forest Agencies will provide fuel, oil, normal servicing, and minor repair(s) occasioned because of the use of OES-owned emergency apparatus. "Minor repair(s)" is defined as any repair necessary to keep the equipment in operation on the fire which requires not more than two hours for one mechanic for any one job. OES Fire and Rescue Division will provide and prepare the Invoice Form which local jurisdictions use to submit claims for reimbursement, based on information recorded and submitted on OES Form 42, EMERGENCY ACTIVITY RECORD. . 5.1 C:IAGREEFRMIEXHIBIT.B 9/87 -S- Agreement for Temporary Transfer of Vehicular Equipment 000114 State of California OFFICE OF EMERGENCY SERVICES Fire and Rescue Division INSURANCE REQUIREMENTS Part of the agreement through which the State makes a temporary transfer of vehicular equipment is the agreement on the part of the transferee to furnish certain evidence of insurance. Your organization, as a transferee of equipment, will want to be mindful of these requirements and assure they are complied with. Liability Insurance A certificate of insurance shall be furnished to the State providing minimum limits of insurance as follows: BODILY INJURY LIABILITY $250,000 EACH PERSON $500,000 EACH OCCURRENCE PROPERTY DAMAGE LIABILITY $100,000 EACH OCCURRENCE A certificate of insurance will have the following provisions included. 1. The State of California shall be named Additional Insured. 2. The insurance company shall agree that in the event of cancellation, 15 days prior written notice will be given to the State. 3. The State shall not be responsible for premium or assessments. 4. Certificate of Insurance must include the description of the apparatus including identification number, State license number and OES unit number. Physical Dama_cre Insurance The transfer agreements places certain responsibilities upon your organization for the safekeeping of the vehicle and equipment. The State will look to your organization for reimbursement for repair or replacement cost in the event the vehicle or equipment is damaged by misuse or negligence or by other causes, except normal wear and tear, acts of God and conditions over which your organization has no control. Physical damage insurance including collision coveraae and comprehensive coverage or combined additional coverage SHOULD be obtained The State of California should be named as a loss payee. The description of the vehicle and the necessary amount of insurance is as follows: Descrintion of Apparatus VEHICLE VALUE 1971 International Fire Engine $60,000.00 License Number. E-818246 Serial Number. G428421-1 Engine Number. 116224 EQUIPMENT Hose and Appliances $10,000.00 &I C.jAGREEFRM j1NSURANC is 6/73 -9- Agreement for Temporary Transfer of Vehicular Equipment 000115 State of California OFFICE OF EMERGENCY SERVICES Fire and Rescue Division AGREEMENT FOR USE OF RADIO EQUIPMENT THIS AGREEMENT, entered into this 22nd . day of SepteMber . 1992 by and between the STATE OF CALIFORNIA acting by and through its duly appointed, qualified and acting Director of the Office of Emergency Services, hereinafter called the "STATE," and the Atascadero Fire Department. acting by and through its duly',appointed, qualified and acting officers, hereinafter called "CITY," "COUNTY," "FIRE DISTRICT" "DEPARTMENT," or "AGENCY." WITNESSETH IT IS HEREBY MUTUALL Y AGREED between the parties hereto as follows: 1. STATE will furnish to CITY(COUNTY, FIRE DISTRICT, DEPARTMENT, or AGENCY) at STATE'S sole cost, radio equipment to operate on the following frequencies: 33.66 MHZ - 33.98 MHZ 2. STA TE agrees to deliver and install said equipment without cost to the CITY (COUNTY, FIRE DISTRICT, DEPARTMENT, or AGENCY). 3. STATE agrees to maintain said equipment without cost to CITY(COUNTY, FIRE DISTRICT, DEPARTMENT, or AGENCY). 4. The CITY(COUNTY, FIRE DISTRICT, DEPARTMENT,',orAGENCY)agrees to operate said radio equipment in accordance with the Rules and Regulations of the Federal Communications Commission. It is further agreed that STATE may cancel this agreement at any time for violation of the laws, rules and/or regulations of the Federal Communications Commission. The effective period of this agreement shall be concurrent with the Federal Communications commission license(s) of said radio equipment. 5. STATE assumes no liability hereunder for claims or losses accruing or resulting to any person, firm or corporation furnishing or supplying work, services or material or services in connection with the performance of this agreement or for any claims and losses accruing or resulting to any person, firm or corporation injured or damaged by performance of either party hereunder. Notwithstanding the above, STA TE shall provide necessary Workmen's Compensation at STA TE'S own',cost and expense as provided under Division 4 of the Labor Code of the State of California. 6. Ownership of said equipment is in the STATE, and all applications to the Federal Communications Commission seeking authority to add, modify or replace equipment covered by this agreement shall be made by and in the name of the State of California. To activate this agreement and in compliance with the 'control requirements of the Communications Act of 1934, as amended, the STA TE hereby deputizes the Chief 6/90 Agreement for Use of Radio Equipment 00011E of the fire department of said CITY (COUNTY, FIRE DISTRICT, DEPARTMENT, or AGENCY), and such regularly employed and salaried assistants as shall be designated by the Chief of the fire department as his agents to operate said radio equipment as specified in paragraph 5 above. 7. The term of this agreement commences September 22. 1992. However, the obligation of the STATE to provide equipment hereunder shall exist only insofar as said equipment is available and installation thereof is practicable. 8. This agreement may be terminated by either party upon seven days written notice to the other party, except that when this agreement applies to radio equipment carried on a State-owned OES fire engine, this agreement is automatically canceled at the time of cancellation of the vehicle transfer agreement. 9. All notices herein provided to be given, or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the U.S. mail, registered and postage prepaid and addressed follows: To the CITY (COUNTY, FIRE DISTRICT, DEPARTMENT, or AGENCY) at Atascadero Fire Department and to the STATE at Office of Emergency Services, 2800 Meadowview Road, Sacramento, California 95832. The address to which notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinabove provided, but nothing herein contained shall preclude the giving of any such notice by personal service. 10. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto. IN WITNESS WHEREOF this agreement has been executed, in duplicate, by and on behalf of the parties hereto, the day and year first above written. CITY, COUNTY, FIRE DISTRICT, DEPARTMENT, OR AGENCY.- STATE OF CALIFORNIA: Atascadero Fire Department RICHARD ANDREWS, Ph.D. Director Office of Emergency Services ay I3y Michael McCain, Chief C. RICHARD ARO SON, Chief Atascadero Fire Department Fire and Rescue Division (Title) (Title) b.1 C:IAGREEFRMRADIO 6/90 - 2 - Agreement 2 -Agreement for Use of Radio Equipment 0001 '7 MEETING AGENDA ATE,;LQ,(,;I aZ22 ITEM i# 11,511) .. MEMORANDUM DATE: 10/13/92 TO: Ray Windsor, City Manager FROM: Michael P. McCain, Acting Fire Chief Tim Arnhart,;Muster Chairman SUBJECT: Firefighters Muster With the approval of the City of Atascadero, the Atascadero Firefighters Association and the Central Coast Muster Association will be co- hosting a firefightersmuster in the City of Atascadero. A muster is a gathering of firefighters and their families from around the state, where teams compete in a variety of strenuous but fun events. Profits from these musters are donated to the Burn Foundation. The muster is tentatively scheduled for Memorial Day weekend in 1993. It will be one of only three sanctioned events in the state, with attendance at two mandatory in order to compete in the state finals at Fort Bragg later that year. Therefore, attendance and profits during sanctioned musters run high. Muster teams generally consist of volunteers who use their own money for expenses. Obviously, they make every attempt to keep expenses down, most often by camping at muster sites. The proposed site we have in mind would be East Mall, along the side of Cit Hall, and the Sunken Gardens. The school` district has given appro 1 for camping and the use of shower and restroom facilities. Camper5 provide their own tents, trailers and motorhomes. We anticipate the need for 70 campsites. Information on` local motels will be s nt out to all participants because an equal number of families generally will use those facilities. The Muster Association will be responsible for set-up a d clean-up of the muster site and camping' area. The Association is covered by a liability policy and will provide day and night security. Restrooms and bleachers will be provided at the muster site. The Muster Association receives money through camping fees, vendor fees (which sell T-shirts and other firefighter memorabilia), and a dance which will be held at the Masonic Lodge. It is hoped that local residents who wish to participate by selling food or arts and crafts will do so. Most cities have chili cook-offs, rib dinners and other special 000118 Memo to Ray Windsor 10/13/92 Page 2 dishes at these events. Our goal is to host a fun, safe, successful muster that will be profitable to both the Burn Foundation and the merchants of Ataseadero. Approval for the use of the area around City Hall is being requested for this muster. No city money, equipment or manpower will be needed. The Firefighters Association has been working for many years trying to get the City of Atascadero selected for a sanctioned muster. Many cities bid for these musters years in advance. Two years ago Atascadero was selected. Obviously we feel very privileged to be selected as one of next years' hosts and hope that the City Council and community will give their endorsement and support for the event. We hope if you have any questions you will contact either myself, or our Muster Committee Representative, Tim Arnhart. Michael P. McCain cc; Atascadero Unified School District Chamber of Commerce BIA` Atascadero News Telegram Tribune 000119 REPORT TO CITY COUNCIL Agenda Item: D-6 CITY O ` ' F ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 10/13/92 From: Mark Joseph, Administrative Services Director SUBOM: Adoption of Revised Transient Occupancy Tax ordinance. RXCS NDATI`ON: Adopt Ordinance No. 257- on second' reading. SACKgAQM: As part of the City's revenue enhancement efforts, Council approved the attached ordinance at its September 22 meeting on first reading, by unanimous vote. abedtax #13a 000120 REPORT TO. CITY COUNCIL Agenda Item: C-2 CITY OF ATASCADERQ Through: Ray Windsor, City Manager Meeting Date: 9/22j92 From: Marls Joseph, Administrative Services Director SUBJECT: Increasing the Bed Tax from Six to Nine Percent RECOMMLNDATIONSs 1 By motion, waive reading in full of Ordinance No. 257 and read by title only. 2. Introduce ordinance No. 257, increasing the Bed Tac' rate, 'on first reading. SACKgROUND Council approved in concept an increase in the Transient Occupancy Tax (Bed Tax) from 6 to 9 percent. This is the enabling Ordinance. An advance copy has been forwarded to the Chamber of Commerce for its review and comment. ANALYSIS: Most Cities in San Luis Obispo County, :inciuding the County itself, charges nine percent or more. Only-Arroyo Grande is stili at the six percent rate. As such, the increased rate should have little or no effect on occupancy rates. The attached Ordinance would increase the rate to nine percent. In addition, the proposed amendments would strengthen the City' s 'ability to collect the tax owed it. This is accomplished by providing an option of a more frequent payment schedule (for example, monthly rather than quarterly) for late payees, establishing an additional $200.00 flat penalty fee and increasing the interest rate from six percent a year to twelve percent (mare in line with common late payment charges) ; and finally, clearly establishing that failure to pay is a misdemeanor. It will be staff's intent to seely prosecution against hotel operators that do not pay in a timely manner. FISCAL IMPACT: The new tax, if approved, will go into effect on November 11 1992. an an annual basis, the increase should generate at least $50,000. For the current fiscal year, the peak summer season is over; the anticipated first-year revenue is only $15,000. No additional costs are required to collect the higher rate; in fact, the improved enforcement procedures should save a modest amount of staff time involved with collections. 000121 ORDINANCE NO. 257 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 3, CHAPTER 3 OF THE ATASCADERO MUNICIPAL CODE AS IT RELATES TO THE CITY'S TRANSIENT OCCUPANCY TAX Section 1. Title 3, Chapter 3 of the Atascadero Municipal Code is amended as contained in the Attached Exhibit A, which is hereby made a part of this ordinance by reference. ', Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance ''with Section 36933 of the Government Code, shall certify the adapting and posting of this Ordinance and shall cause this ordinance and this certification together with proof of posting to be 'entered into the Book of Ordinance of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on November 1, 1992« On motion by Councilperson , seconded by Councilperson , the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney 000122 "Oeq AMENDMENTS TO THE ATASCADERO MUNICIPAL CODE Title 3, Chapter 3, "Transient Occupancy Tax" 1. Section 3-3.03 (Tax imposed) shall be amended to increase the tax rate from six percent (6%) to nine percent (9%) ; 2. Section 3-3.07 (Reporting and Remitting) shall be amended to add a second paragraph as follows: "If circumstances warrant, due either to the amount of the Tax or delays in receiving the tax remittance, the Tax Administrator may require an Operator to file a tax return on a more frequent basis than quarterly and may also require the Operator to remit the full amount of the tax collected at that time. "; 3. Section 3-3.08 (a) (Peanalties and Interest) shall be amended to read in part as follows: "Any operator who fails to remit any tax. . .shall pay a penalty of two hundred dollars ($200.00) and ten percent (10%) . . . . " 4. Section 3-3.08 (d) (Penalties and Interest) shall be amended to increase the interest rate charged from one-half ( 1/2) of one percent ( 1%) per month to one percent (1%) per month; and 5. Section 3-3.14 (Violations: Misdemeanor) shall be amended to read in part as follows: " . . . . .any operator or other person who fails or refuses to register as required in this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim, or who fails or refuses to remit the full amount of the tax collected, is guilty of a misdemeanor. . . . " . a:bedtax #29 000123 REPORT TO CITY COUNCIL Agenda Item: D-7 CITY OF_ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 10/13/92 From: Mark Joseph, Administrative `Services' Director ' SUBJECTS Adoption of RevisedBusiness License Ordinance. RE9 MMCNDATION: Adopt Ordinance No. 258 on second'reading., BACKGROUND As part of the City's revenue enhancement` efforts, Council approved the attached Ordinance at its September 22 meeting on first reading, by unanimous vote. a:buslic #`13A 000124 REPORT TO CITY COUNCIL Agenda Item: C-6(A&B) CITY OF ATASCADERO Through: Ray Windsor, City Manager Meeting Date: 9/22/92 From: Mark Joseph, Administrative Services Director SUBJECT: Adopting Revisions to the Business License Ordinance, and increasing certain associated fees. RECOI#10DATI0NS 1. By motion, waive the reading in full of Ordinance No 258 and read by title only. 2. Introduce Ordinance No. 258, rewriting the Business License Ordinance, on first reading. 3. Adopt Resolution 89-92 revising certain business license fees and administrative charges. BACKGROUND: This is the formal action approved in concept by Council at its September 8 meeting. The Business License Ordinance (Title 3, Chapter 5 of the Ata.scadero Municipal_ Code) has been completely reorganized and rewritten to eliminate redundant portions and make it easier to use and enforce. The only substantial changes were designed to increase the City's ability to collect the license fees 'legally owed. The attached resolution sets forth all business license fees and administrative charges. As can be seen, very few of the basic feeswereincreased; most of the revisions were in the area of new or increased administrative charges, in order to recover staff costs to review and process the application. An advance copy of this report was forwarded to the Charger of Commerce for its review and comment. ANALYSIS A number of fees or charges have been recommended for change. These are justified below. 1. Annual Rate for Out-of-Town Contractors - The current rate is the same as for local contractors. The increase is intended to offer a slight advantage to local contractors (in addition, the one-job only rate remains $54.00, for those contractors who infrequently work in Atascadero) . This is also the same rate charged in Paso Robles. 000125 . 2. Increased fee for Arcade Machines - The current ',$1.00 rate per machine is clearly too low. A survey of Cities in 'San Luis Obispo County reveals rates from $4 - $20 per machine, with some cities charging a rate based on gross receipts from each machine (which would be much higher) . Ten dollars is in line with several other Atascadero permit rates (such as the ''per-employee rate for the basic commercial business license) . 3. Increased Card Room Rate - Of those Cities in San Luis Obispo County that allow card rooms, all but Paso Robles charge $300 per table (Paso charges $120) Pismo Beach, which no longer allows card rooms, used to charge $300. Up until the mid 4ighties, Atascadero also charged $300 per table. Inadvertently, the per table rate was dropped. Thus, the new fee, although high, is clearly in line with other cities and actualy reinstates the original fee. 4. Raising the Cap from $500 to $1,000 - A ceiling ' of $500.00 per business year has been in effect for many years. There are less than 10 firms that have reached this ceiling (or less than one percent of all businesses) . Raising the cap makes the tax more progressive, and would have no effect on most businesses. 5. Revised Administrative Charges - A one-time, non-refundable application fee of $25.00 is proposed to offset the cost of processing the basic commerical business application, which includes a zoning review. The application fee would remain the same ($15.00) for home occupations and no charge would continue for contractors. Police reviews for specified businesses would'; be increased, reflecting the extra effort involved for those businesses. License transfers and duplicate licenses would be reduced, first, because our automated system has actually cut downon the processing costs involved and second, it is in the City' s best interest to encourage merchants to keep us informed as to their current address, name, etc. -- a low price does precisely that. The late payment penalty is strengthened to include a 100% penalty if no payment is received after 90 days late. This is to improve our collection rate for the small percentage of tardy payees. The last charge is for failure to obtain a license. This would be used when businesses have deliberately avoided getting a license. Staff does not intend to enforce the extra charge in those instances where a small business person was not aware of the licensing requirement, and/or the delay involved is relatively minor. • 000126 FISCAL IMPACT The new fees and charges, if adopted, would go into effect . October 1, 1992. Staff projects the new charges will generate approximately $5-7,000 per year, which will help recover staff costs currently expended. a:ordinance #29 • 00012'7, ORDINANCE NO. 258 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 3, CHAPTER 5 OF THE ATASCADERO MUNICIPAL CODE AS IT RELATES TO BUSINESS LICENSES. '' Section 1. Title 3, Chapter 5 of the Atascadero Municipal Code is deleted in its entirety and shall be amended to read as contained in the Attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in .accordance' with Section 36933 of the Government Code, shall certify the adopting and posting of this Ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinance 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 31st day after its passage. On motion by Councilperson , seconded by Council- person , the foregoing ordinance is, hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO_ By: ROBERT P. NIMMO, Mayor ATTEST: LEE RABOIN, City Clerk APPROVED AS TO FORM: ARTHER MONTANDON, City Attorney 000iti.� CHAPTER 5. BUSINESS LICENSES Article 1. General Provisions Sec. 3-5.101. Purpose The purpose of this title is to assure that every person who engages in, conducts, manages or carries on any business, exhibition, occupation, or other activity for which a license is required by this title must first procure a license to do so and pay the fees, if any, for such license. The provisions of this title shall be the minimum requirements for the protection of the public convenience, safety, and health and general welfare. Sec. 3-5.102. Issuing Agencies All new business licenses shall be processed and issued, unless otherwise indicated in this title, by the Finance Department of the City of Atascadero, and all references in this title to the City licensing authority or issuing agency shall be to it. Annual business license renewals shall be processed by the Finance Department. Sec. 3-5.103. Deputies Whenever, by the provisions of this title, a power is granted to a public officer or a duty imposed upon such officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. Sec. 3-5.104. Access to information for licensing or permit purposes. Pursuant to Section 11105 of the Penal Code of the State, the following officers of the City are authorized to have access to and to utilize State Summary Criminal History Information when it is needed to assist them in fulfilling licensing duties as set forth in this Chapter. (a) City Council Members; (b) City Manager; (c) City Attorney; (d) Chief of Police. 000129 Sec. 3-5.105 Zoning clearance The issuing agency shall not issue any license to carry on any business at a specific location in this City where such business is inconsistent with the Zoning Ordinanceof this City. The Community Development Department shall review all applications to verify compliance with this title as well as the provisions of Title 9 of this code. Sec. 3-5.106 Separate Activities A separate license shall be required for each', classification of business as defined by Resolution of this City, when engaged in, conducted, managed, or carried on by a person at the same time that another classification of business is so engaged in or carried on by that person at the same location. Sec. 3-5.107 Activity confined to location specified. When a license specifies the location of the activity licensed, the licensee may conduct such activity only at the location specified in the license. Sec. 3-5.108. Fictitious names. A license may be issued pursuant to this title to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of Section 17900: et seq. of the Business and Professions Code. Otherwise, all such licenses shall be issued in the true name of the individual or individuals applying therefor. Except as provided above, no business so licensed may operate under any false or fictitious name. A license issued to a corporation shall designate such corporation by the exact name which appears in the Articles of Incorporation of such corporation. Sec. 3-5.109. False statements. Every person who makes any false statement in'' the application for a permit or license under this title, or in any report required by this title, shall be guilty of a misdemeanor, in addition to which the business license shall be immediately suspended. Every person making out any report or record required by the terms of this title or any copy thereof shall sign his/her true name and give the true name and correct address of', the licensee. 000130 Sect. 3-5.110. Violation: Penalty. Any person violating any of the provisions of this title or is of any regulation imposed pursuant thereto shall be guilty of a misdemeanor punishable by such fine or imprisonment imposed by the California Penal Code and the Atascadero Municipal Code. Each person is guilty of a separate offense for every day during any portion of which a violation of any of the provisions of this title or of any regulation is committed, continued or permitted by such person, and it shall be punishable therefor as provided by this title. 000131 OOM'- 25- Article 2. Definitions Sec. 3.5.201. Definitions generally. As used in this title the words and terms in this chapter shall have the meanings ascribed to them, unless from the context a different meaning is clearly apparent. Sec. 3-5.202. Activity "Activity" includes a business, exhibition, or occupation and also every other activity for which this title', requires a license, whether such activity is a business or occupation or neither. Sec. 3-5.203. Business "Business" means and includes professions, trades, vocations, enterprises, establishments, and occupations, and all and every kind of calling, and any of which is conducted to carry out for the purpose of earning a whole, or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned thereby, whether paid in money, goods, labor, or otherwise, and whether or not the business has a fixed place of business in the City. Sec. 3-5.204. Business License Administrator. "Business License Administrator" means the Finance Director of the City of Atascadero. Sec. 3-5.205. Canvasser or solicitor. "Canvasser" or "solicitor" means any person, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of such sale or whether he is collecting advance payments on such sales or not; provided that the definition includes any person who for himselfor for another person, firm or corporation hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop, or any other place'' with the City for the sole purpose of exhibiting samples and taking orders for future delivery. A canvasser or solicitor, as defined by this section, shall also include any individual traveling, as aforesaid, from place to place, or from house to house for the purpose of rendering services or selling goods at private residences. A canvasser or solicitor includes any, individual who 000132 initiates contact in any manner to attend, for the purpose of presenting his merchandise, product, or services in the home. Sec. 3-5.206. City. "City" for the purposes of this title shall mean the City of Atascadero. Sec. 3-5.207 . Council. "Council" means the City Council of the City of Atascadero. Sec. 3-5.208. Distributor. "Distributor" means a wholesaler or jobber of goods, wares, merchandise, or food products. Sec. 3-5.209. Fixed place of business. "Fixed place of business" means a place of business separate and distinct from any other business regularly kept open by the owner thereof or by his agents or employees at a fixed location. Sec. 3-5.210. Health Officer. "Health Officer" means the health officer of the County or his duly authorized representative. Sec. 3-5.211. Itinerant merchants, and itinerant vendors. "Itinerant merchants" and "itinerant vendors" means any person whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a business of selling and delivering goods, wares, and merchandise within the City; who in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in motels, lodginghouses, apartments, shops, or any street, alley, or other place within the City for the exhibition and sale of such goods, wares, and merchandise. Sec. 3-5.212. Location owner. "Location owner" means every person not engaged in the business of selling, renting, or placing on consignment, or on commission basis, mechanical amusement devices, but who owns, uses, and operates not more than two such mechanical amusement devices. For license fees, see appropriate section. 000133 -00 m Sec. 3-5.213. Mechanical or electronic amusement device. Mechanical or electronic amusement device" means any table, board, machine, device or apparatus fitted for use by the public, the operation of which is permitted, controlled, allowed or mad possible by the deposit or insertion of any coin, plate, disc, slug, or key into any slot, crevice, or opening or by the payment of any fee or fees, and which operates or which may be operated for use as a game, contest, or amusement, but which table, board, machine, device, or apparatus does not contain a psy-off device, and which does not return or vent any article or merchandise or any money, coin, check or token. "Mechanical or electronic amusement device" shall not include phonographs ormusic machines. Sec. 3-5.214. Mobile vending unit. "Mobile vending unit" means any vehicle which', operates from site to site with primary emphasis on transit while dispensing a product or rendering a service on stop-on-demand basis only and whose use is incidental to the land use and underlying zone. The vending unit shall be dispatched from a site which'', is in conformance with the City' s Zoning Ordinance. Sec. 3-5.215. Operator. "Operator" means any person engaged in the business of selling, renting, or placing on consignment, or on commission basis, mechanical or electronic amusement devices in various locations within the City, and every person who owns, uses, and operates more than two mechanical or electronic amusement devices. Sec. 3-5.216. Person or party. "Person" or "party" means and includes persons as defined in Title 9 of this Code. Sec. 3-5.217 . Private Patrol Service. "Private patrol service" means and includes any person, firm, association or corporation who agrees to furnish or furnishes, a watchman, guard, patrolman, responder'',, alarm personnel, investigator, security person, in uniform or otherwise to protect persons or property. Sec. 3-5.218. Public arcade room. "Public arcade room" means and includes arcades as defined in title 9 of this Code. 000134 __000 Sec. 3-5.219. Vending machine. "Vending machine" means a mechanical or electronic apparatus so operated as to sell or deliver merchandise only the equivalent in marketing value to the face value of the coin or coins deposited. Sec. 3-5.220. Zoning Ordinance. "Zoning Ordinance" means Title 9 of this code. Sec. 3-5.221. Additional definitions. Further references to words or phrases or definitions as used in this title shall be made to Title 9 of this Code. 000135 Article 3. Standard Licensing Procedures Sec. 3-5.301. Form of application. Every application for a license required by this title shall be signed by the applicant and shall contain at least the following: (a) The name and mailing address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this section as to a corporate applicant shall apply. The names of all other persons having an interest in the enterprises; (b) If the applicant is a corporation, the name and mailing address of an officer who is duly authorized to accept the service of legal process; (c) The applicant' s social security number if an individual or partnership, or the corporate number of the applicant if a corporation; (d) The driver' s license number if the applicants) is an individual; (e) The telephone number of the applicant; (f) The name under which the applicant will be doing business; (g) The nature of the business; (h) The exact location of the business or the route or territory to be covered if no fixed place of business exists; (i) The residence of the applicant, or if a corporation, the principal place of business; (j ) The name and address of the owner of the premises; (k) The name and address of the lessee of the premises; (1) The term for which such license is applied; and (m) Licensed contractor number (if appropriate) . 000131 .00 Sec. 3-5.302. Exemptions. No license shall be required hereunder by the following: (a) Any juvenile operating a delivery route for newspapers or any juvenile under the age of eighteen (18) years who has a valid work permit issued by authorized school authorities; (b) Persons engaged in a business for the sole use and benefit of charities, religious or educational societies which are exempt from taxation under the constitution and laws of the State; or (c) Such activities as are preempted under State statutes. Section 3-5.303. Exemption from payment of license fees. No license fee shall be payable hereunder by the following: (a) Persons categorically exempt from license charges under Section 16000 et seq. of the Business and Professions Code of the State of California; (b) All public utilities as defined by Section 216 of the Public Utilities Code of the State of California possessing an active (unexpired) franchise with the City of Atascadero; (c) Passenger stage corporations as defined in Section 226 . of the Public Utilities Code of the State of California; or (d) Such other and further activities as shall be specifically exempted by resolution of the City Council of the City of Atascadero. Sec. 3-5.304. Issuance period. Unless otherwise specifically provided, all license periods are as follows: (a) The period of all semiannual licenses shall begin on the first days of January and July. No license shall be granted or issued for a period longer than one ( 1) year from the date of issuance. Other fractional periods will be considered on an individual basis at the convenience of the City. Any annual license shall date from the beginning of the semi-annual period in which the same was issued. (b) Exceptions to this general rule are as follows: ( 1) Health-related businesses for which a health permit is required shall be issued on a calendar year basis. (2) Licenses for solicitors and canvassers will expire on the thirty-first day of December in the year when issued. 000137 Sec 3-5.305 Posting or display. Ever person, firm association, or corporation having a Y P , P license under the provisions of this title and carrying on a business, exhibition, occupation or activity at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of the place of business. Every person having such a license and not having a fixed place of business shall carry the license on him/her at all times while carrying on the business, exhibition, occupation, or activity for which the same was granted. Whenever a license sticker is required, such sticker shall be affixed to the vehicle, device, machine, etc. , so as to be clearly visible. Sec. 3-5.306. Producing on demand. Every person, firm, association, or corporation having a license under the provisions of this title shall produce and exhibit the same whenever requested to do so by any peace officer or officer authorized to issue and inspect licenses or collect the fees therefor. In addition, all solicitors and canvassers including their agents or employees are required to exhibit their licenses or permits, as the case may be, at the request of any person. Sec. 3-5.307 . Keeping insurance, undertaking, etc. in force and effect. Whenever this title requires the applicant for any license to procure, post, or maintain in effect any bond, undertaking, deposit, surety, or policy of insurance, any license so issued is valid only when such bond, undertaking, deposit, surety, or policy of insurance is in full force and effect. Such license shall be automatically suspended without notice if at any time such bond, undertaking, deposit, surety, or policy'', of insurance is not in full force and effect. If a new bond, undertaking, deposit, surety, or policy of insurance acceptable', to the Business License Administrator is filed before cancellation or expiration of the old policy, etc. , becomes effective, then the license will continue in force. Sec. 3-5.308. Approval by Agency. (a) Approval of the business license shall be made within fifteen (15) business days of the date of submission to the issuing agency except for those categories of business as set out in Article 4 of this title. If specific approval is not granted, approval by said agency is deemed implied, and the', applicant may obtain issuance for said license from the BusinessLicense Administrator. • 000138 (b) An extension of time within which to approve the application, not to exceed thirty (30) calendar days, may be granted by the City Manager. Sec. 3-5.309. Duplicate licenses. A duplicate license may be issued by the issuing agency to replace any license previously issued under this title which has been lost or destroyed, upon the licensee paying the sum requested for the cost thereof. Sec. 3-5.310. Transfer of License. (a) The licensee, upon payment of a fee, may transfer his/her license to do business to another site upon application to the issuing agency if the conditions of the license are in conformance with all provisions of the Atascadero Municipal Code. (b) No license issued pursuant to this title may be transferred from one person to another person. (c) If a license is issued to a partnership and the partnership is changed by the addition or deletion of partners, the license may be transferred to the new partnership if the new partnership makes application for such transfer in the same manner as for the new license and pays to the issuing agency the required transfer fee. Any partner being deleted must acknowledge the deletion in writing, unless the deletion is due to the death of a partner. Sec. 3-5.311. Renewal of license. Except as otherwise provided in this chapter, every licensee who has obtained a license pursuant to the provisions of this title may obtain from the issuing agency a renewal of such license. The Council, Business License Administrator, Health Department, Police Department, or Community Development Department, may file a written notice of denial of renewal of such license. If a Health Department or other special permit is required for the enterprise, it is the business owner' s responsibility to renew said permit(s) prior to or at the time of license renewal. Renewal of a license for a solicitor shall not be issued until the Police Department approves said renewal. Sec. 3-5.312. Grounds for denial of license. A license may be denied if the applicant has knowingly made a false statement of a material matter either in his application or in his testimony before the City Council or other body hearing such testimony concerning the application for or denial of a license. In addition, a license shall be denied if it does not meet the minimum requirements set forth in Title 9 of this Code. 000139 -$8643-3- Sec. 3-5.313. Denial of license or granting subject to restrictions. Before the denial of any license, either new- or renewal, or granting any license subject to restrictions or conditions, unless a hearing already has been held, the applicant shall be notified in writing of the intent to deny the license or to grant the license subject to restrictions or conditions, ,which restrictions or conditions shall be specified in the notice, and the applicant may request a hearing before the City Council within fifteen ( 15) days after receipt of such notice. Sec. 3-5.314. Appeal. Any person aggrieved by the action of the Business License Administrator in the denial of a permit or license, either new or renewal, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Clerk of the City, within fifteen (15) days after notice of denial of ,a permit or license, a written statement setting forth fully the grounds for the appeal. The Clerk of the City shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in this title for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive. The hearing shall be held pursuant to Section 3- 5.310. Sec. 3-5.315. Revocation of license (a) All licenses issued under this title shall be issued to and accepted by all parties receiving the same with the expressed understanding that the City Council of the City of ' Atascadero may revoke the same at any time if satisfied that any of the restrictions of said license or the terms and conditions thereof have been violated, or that such license was obtained by intentional misrepresentations, or that the holder of such license has used the license in the commission of a criminal act or a violation of this title; provided, however, that no license shall be revoked without first having given the licensee an opportunity to appear before and be heard by the City Council on his own behalf. Pending such hearing and decision, the Council or the Business License Administrator may suspend such license for not more than sixty (60) days based upon written complaint submitted to the Business License Administrator by the Council or any member thereof. (b) Written notice of such hearing shall be given by the Council to such party at least fifteen ( 15) days prior to the date of such hearing. The time and place of such hearing shall be fixed by Council order and specified in such citation. (c) The Council shall hold a hearing as provided as follows: 000140 ( 1) The City Council shall hear sworn testimony and shall consider other evidence concerning the conditions constituting cause to revoke the business license. (2) Respondents to revocation actions may be present at such hearing, may be represented by Counsel, may present testimony, and may cross-examine witnesses. (3) The hearing need not be conducted according to technical rules relating to evidence and witnesses and may be continued from time to time. (4) The City Council shall deliberate upon the evidence and make finding upon such evidence to support any action of the Council to revoke the business license or conditioned approval on such conditions as the City Council shall decide. Thereafter, the City Council shall issue its order to the Respondent. (5) A copy of the order shall be served personally or by mail, postage pre-paid, certified, return receipt requested, to the licensee as set forth in the application for business license. (d) Upon the revocation of a license as provided in this section, no part of the license fee paid therefor shall be returned; but such license fee shall be forfeited to the City. (e) Whenever a license is revoked, the licensee shall return to the issuing agency any license, license stickers, or similar evidence of a license which has been revoked. (f) No other or further license shall be issued to the person(s) or party(ies) whose license has been so revoked within six (6) months from the date of such revocation. 000141 -98Ot 490 5- Article 4. Special Licensing Procedures 3-5.401 Prior Police Department Review. (a) The application for a business license shall be forwarded to the Atascadero Police Department for review and recommendations in certain instances prior to the issuance of the business license. For those special types of businesses set forth in this section, the time provisions specified in Section 3-5.308 shall commence when the application is returned from the Police Department to the issuing agency. (1) Carnival, circus, menagerie or any exhibit or display for which payment of an admission fee or donation is expected or required for entry or for viewing; (2) Pawnbrokers, trading centers, bartering agents, or any money lending not requiring a state or federal charter or certificate; (3) Mobile ice cream, soft drink or food vendors; (4 ) Junk or salvage dealer, automobile or vehicle dismantlers, reclamation centers, vehicle or personal property repossessors or storage center operators, tow-truck or vehicle wrecker owners or operators. (5) Amusement centers, arcade or. playland, billiard room or pool hall; (6) Fire, burglar, intrusion or other alarm service; (7 ) Locksmiths; (8) Photographers, modeling agencies; (9) Massage parlor, massagers, masseur or masseuse; (10) Hazardous waste transporters or disposal agents; ( 11) Sale of firearms. ( 12) Adult bookstores/movie theaters; ( 13) Headshop; ( 14 ) Fortunetelling; ( 15) Taxicabs. ( 16) Private patrol services; ( 17 ) Card Rooms; or 000142 _000196 ( 18) Canvassers fSol icitors. Sec. 3-5..402. Prior Reviews by Outside Agencies is (a) Food Handlers - Every person, firm, association or corporation engaged in the business of conducting any establishment handling food or food products must have a permit from the Health Department of the County of San Luis Obispo. The license application must be approved by the Health Department before the license may be processed and issued by the City of Atascadero. (b) Waste Disposal - Every person or firm, or corporation, or entity engaged in the business of conducting any type of waste disposal or collection shall have a permit for such activity from the Health Department prior to making application to the City of Atascadero for a business license. (c) Card Rooms - Every person or firm, or corporation, or entity engaged in the card room business shall have a California State gaming permit prior to making application to the City of Atascadero for a business license. (d) Firearm Sales - Every person or firm, or corporation, or entity in the business of selling firearms or related supplies shall have a federal firearms permit for such activity prior to making an application to the City of Atascadero for a business license. Sec. 3-5.403 Card Rooms An application for a license to operate a card game or card table must be reviewed by the Atascadero Police Chief. The application, together with the findings and recommendations of the Police Chief shall then be presented to the Council for review and approval. No such license as is referred to in this section shall be issued except upon the order of the City Council. The Council may limit the number of such licenses issued which in its judgement shall be for the best interest of the public peace, safety and welfare. 3-5.404 Transient Merchants - Solicitors and Canvassers (a) Permit and license required. It is unlawful for any transient merchant, itinerant merchant, itinerant vendor, solicitor or canvasser as defined in this title to engage in such business within the City without first obtaining a permit and license therefor in compliance with the provisions in this title. It is unlawful for any agent or employee of a solicitor or canvasser to engage in such business within the City without first obtaining a badge therefor in compliance with the provisions of this title. 000143 (b) Applications. Applicants for a license under this chapter must file with the Business License Administrator an application in writing on a form to be furnished by the Business License Administrator, which application shall give at least the following information: ( 1) Name and description of the applicant; (2) Permanent home address and full local address of the applicant; (3) A brief description of the nature of the !business and the goods to be sold; (4) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (5) The length of time for which the right to do business is desired; (6) The place where goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located ,at the time said application is filed, and the proposed method of delivery; (7) Three photographs of the applicant, procured by the applicant at his/her own expense and taken within sixty (60) days immediately prior to the date of filing of the application, which pictures shall show the head and shoulders of the applicant in a clear and distinguishing manner; (8) The fingerprints of the applicant and such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (9) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or a violation of any ordinance of the City of Atascadero, the nature of the offense and the punishment or penalty assessed therefor; and ( 10) The description and license number of any motor vehicle(s) to be used by the applicant. (c) Prima facie evidence of permanent residence or place of business. For the purpose of this chapter, the maintenance by any person, firm, organization, or corporation of a home or fixed place of business within the boundaries of the City for a period in excess of ninety (90) days shall be prima facie evidence of a permanent residence or fixed permanent place of business in the City. 000144 (d) Investigation. The City Police shall have the right to conduct such investigations as may be necessary into the applicant' s business and moral character and previous criminal 0 record, if necessary, and the applicant expressly- waives the time limit set forth in Section 3-5.308. (e) Disapproval of application. ( 1) If, as a result of the investigation, the applicant' s character or business responsibility is found to be unsatisfactory, the police shall endorse on the application their disapproval and reasons for the same, and return the application to the Business License Administrator, who shall notify the applicant that his/her application is disapproved. (2) Any person whose application has been disapproved shall have the right to appeal to the City Council as provided in this title. (f) Application approval. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Police shall so endorse the application for the carrying on of the business applied for and return the application to the Business License Administrator, who shall issue to the applicant his/her badge, permit or license. The license shall contain the signature and seal of the issuing officer and shall show the name, address, and photograph of the applicant, the class of license or permit issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying descriptions of any vehicle(s) used in such soliciting or canvassing. (g) Bond. Every applicant for a business license, not a resident of the City, for a period of ninety (90) days or who being a resident of the City, represents a firm, organization, or corporation which does not maintain a principal place of business located in the City may be required to file with the Business License Administrator a surety bond, running to the City in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the City Attorney, conditioned that the applicant, his agents and employees, shall comply fully with all of the provisions of the ordinances of the City and the statutes guaranteeing to any citizen of the City that all money paid as down by the solicitor, his agents and employees, and further guaranteeing to any citizen of the City doing business with the solicitor, his agents and employees. Action on the bond may be brought in the name of the city to the use or benefit of the aggrieved person. 0 000145 0801:9 (h) Badges. The Business License Administrator shall issue to each licensed solicitor and his agents or employees a badge which shall contain the words "licensed solicitor" name, the period for which the license is issued, and the number of the license. The badge shall, during the time the licensee or his agents or employees are engaged in canvassing or soliciting, be worn constantly by the licensee or his agents or employees on the front of their outer garment in such a way as to be conspicuous. The issuance of any such badge, license or permit shall not constitute any endorsement by the City Council or any of the officers of the City as to the reputation or reliability of the bearer thereof, or the goods, wares, publication or merchandise for which he is soliciting. (i) Expiration of License. All licenses, and badges issued under provisions of this title shall expire'; on the thirty- first (31st) day of December in the year when issued. A new application shall be filed and application fee paid for each calendar year during which one (1) or more solicitations are made by any person or persons coming within the operation of this title. The business license may be renewed subject to this title and subject to all of the conditions required for the original application. Upon the expiration of all licenses and badges issued pursuant to the provisions of this title, the licensee shall return such licenses and badges to the issuing agency. 3-5.405 Private patrol Services- (a) ervices(a) Permit required. It is unlawful for any person to engage in the business of a private patrol service; in the City without first obtaining a permit to do so from the' Police Department and obtaining a business license as provided in this title and paying the necessary fees therefor. (b) Application: Investigation. Application for a business license to conduct or maintain a private patrol service shall be submitted to the Police Department who shall make such investigation as may be necessary concerning the character of the applicant and any such employees to be employed by the applicant. Following such investigation the Police Departmentshall grant or deny the applicant permission to engage in such business. Such permission shall be granted unless it appears from; the investigation that the applicant is not a person of good moral character or is not of good character in respect to honesty or integrity or the Police Department determines that the granting of the application would not be in the best interest of law enforcement of the City. The applicant shall submit such information as the Police Department may request including name, address, organization of the patrol service, its method of operation, territory and location it proposes to service, names, addresses,' personal descriptions, photographs, and fingerprints of its owners, officers and employees. 000146 000440 (c) Identification. Any license granted by the issuing agency as provided in this title shall be issued upon the following terms and conditions: 40 ( 1) Every employee engaged by the licensee, or officer of the licensee, shall be required to provide information and submit to an investigation in the same manner as the licensee. (2) Every person engaged in the type of business described in this section shall at all times wear an identification card approved by the Chief of Police on the front of the outer garment or uniform in such a way as to be conspicuous and plainly visible. This requirement may be waived by written consent from the Chief of Police, which written consent shall be carried by the licensee at all times. (3) The identification card described in this section must contain the name of the licensee, the name of the holder thereof, and a physical description of the holder. A picture of the holder and an expiration date of not more than one ( 1) year from the date of issuance must be clearly visible on the front of the card. The word, "Police" may not appear on the card. (4) If the holder of the identification card changes his employment, or in the event the license information changes, or the license itself expires or is terminated, both the holder and the licensee shall provide the Chief of Police of Atascadero within five (5) days from such event that such event has occurred and shall forthwith surrender such identification cards to the Chief of Police that have been issued. (5) Uniforms used by the licensee and his employees must include a shirt, slate gray in color, and shall not include badges, shoulder patches or flashes which could be confused with those issued by the City of Atascadero as worn by Atascadero Police Department employees. (6) Wo marked vehicles shall be used by the licensee in the course of business unless approved by the Chief of Police of Atascadero, which approval shall be in writing, indicating that said vehicle is of a readily apparent distinction from the vehicles or equipment utilized by authorized public law enforcement agencies. Any such vehicle used by the licensee in the licensee' s business shall be distinctively marked and include the word "private" written in minimum four-inch (411 ) block letters of a contrasting color. The word "private" may, and should be incorporated with the licensee' s type of business, such as "Private Patrol", "Private Security", or "Private Alarm Service" . (d) Waiver of Time. The applicant shall waive the time requirements for approval of the issuing agency pursuant to Section 3-5.308 pending the investigation by the Police Department. 00014'7 -8H 6 141 1 3-5.406 Sales yards, auction yards, flea markets ' (a) Every person who conducts a sales yard, auction yard and/or flea market, as defined in Title 9 of this- Code, before leasing space to various vendors, must first demand that such vendors produce a City business license as provided in this title. (b) Temporary sales events (conducted no more frequently than one two (2) day period every ninety (90) days shall require only the operator of that event to have a businesslicense. 000148 Article V. License Fees and Charges Sec. 3-5.501 Rates fixed and established. The license fees and any related fees or charges for the businesses, exhibitions, occupations, and activities referred to and named in this title shall be established by Resolution of the City Council of Atascadero and may be changed from time to time by Resolution of the Council. Sec. 3-5.502 Payable in advance. All license fees provided for in this title, either new or renewal, shall, be due and payable in advance at the office of the City Finance Department. Sec. 3-5.503. Penalties for late payment. All license fees as required by this title are due and payable upon the first business day after the date of expiration. Any licensee is permitted a thirty (30) day grace period thereafter to submit said payment. Subsequent to the grace period, a penalty of fifty percent (50%) of the license fee shall be added for renewal. If the entire license fee with the addition of penalties, is not submitted within sixty (60) days after the expiration of the grace period, a penalty of one hundred percent (100%) of the license fee shall be added for renewal. In addition, the Business License Administrator shall automatically revoke the license. If the licensee continues to engage a e in the same or similar business P exhibits, occupation or activities without a valid license, he/she shall be guilty of -a misdemeanor, as set forth in section 3-5. 110 of this title. If the licensee desires to continue business, he must complete a new business license application subject to the review of the appropriate City Departments and pay the prior license fee, penalties and any other fines or charges. Sec. 3-5.504 Failure to obtain a business license. Failure to obtain a license prior to commencing a business, exhibit, occupation or activity requiring a license shall result in an additional fee equal to the cost of the license itself and any related charges. 000149 Sec. 3-5.505 Civil Action Designated. If any person, firm, association, or corporation commences, conducts, or carries on any business, exhibition,- occupation, or activity mentioned in this title without first paying a license fee and obtaining the license as provided for in this title for conducting or carrying on the business, exhibition; occupation or activity, an action may be commenced and prosecuted by the City against such person, firm, association, or corporation for the collection of the license fee, in addition to such,, other remedy that the City may have against any such person, firm, association or corporation. a:buslic #29 000150 0"t4 REPORT TO CITY COUNCIL Meeting Date: 14/13/92 CITY OF` ATASCADERO Agenda Item: D_8 Through: Ray Windsor, City Manager From Lee Raboin', City Clerk SUBJECT: Adoption of Ordinance No. 259 implementing cost recovery for emergency response services relating to incidents caused by drivers under the influence of alcohol and/or drugs, or by drivers whose conduct is intentionally wrongful. RECOMMENAATION Adopt Ordinance No. 259 on second reading by title only. BACKGROUND: On September 22, 19.92, the City Council coed cted a public hearing on the above referenced subject. The Council approved the introduction of Ordinance No. 259 implementing a State authorized program to recover costs. In addition, the City Council unanimously adopted Resolution No. 90-92 setting the specific cost recovery policy. FISCAL IMPACT: Undetermined. Attachments Police Chief's Report of 8/13/91 Ordinance No. 259 Resolution No. 90-,92 000151 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item: C -3 (A) Through: Ray Windsor, City Manager Meeting Date:8/13/91 From: Richard H. McHale, Chief of Poli SUBJE A proposed ordinance`adopting the policy for the Recovery of CAosts of Emergency Responses, Pursuant.to Government Code 53150, et seq. RECOV MEMATION The City Council adopt Ordinance 'Number: 2S9 ew which sets the policy for various departments of the City of Atascadero to charge-r-services provided during emergency responses to incidents involving persons driving under the influence of alcohol and/or drugs; or persons driving with intentional wrongful conduct. BAC&,GROI, : In 1986, the California State Legislature adapted Sections 53150 through 53158 of Article 8 of the California Government Code. These sections set forth the authority and procedures for City and County governments to recover the costs incurred by emergency responses to alcohol related, motor vehicle incidents. Routinely, departments of the City of Atascadero respond to such incidents. A normal response would include personnel of the Police Department and the Fire Department On occasion,the response could also include personnel of the Street Maintenance Division.'This procedure would allow the City of Atascadero to charge those persons deemed responsible for costs incurred in such incidents, Six.urisdictions within the County of San Luis Obispo have already enacted such ordinances an�are currently processing such charges. The California Highway Patrol began similar billings as of January 1, 1989. FISCAL IMPACT: Adoption of this ordinance would allow the City to realize recovery of an undetermined amount of revenue through the billing of the responsible parties. The required procedure will incur little, if any, additional expense. RMH:jph Attachments: OOO152 ORDINANCE NO. 259 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO ADDING CHAPTER 13 TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE APPROVING THE IMPLEMENTATION OF A STATE AUTHORIZED PROGRAM TO RECOVER COSTS OF RESPONSES TO EMERGENCIES CAUSED. BY DRUNK OR RECKLESS DRIVERS, AND PROVIDING GUIDELINES AND PROCEDURES THEREFORE, PURSUANT';TO CALIFORNIA GOVERNMENT CODE 53150, ET SEQ. WHEREAS, the Legislature has adopted Government Code Sections 53150 through 53158,which specifically authorize the City to recover costs of emergency responses to"incidents"caused by drivers under the influence of alcohol and/or drugs,or drivers whose conduct is intentionally wrongful; and WHEREAS, the City Council desires to provide guidelines and procedures for City use; NOW,THEREFORE, the City Council of the City of Ataseadero does ordain as follows: Section 1. Chapter 13 is hereby added to Title 3 of the Atascadero Municipal Code to read as follows: Chapter 13. Response and Enforcement Costs. Sec. 3-13.01. Emergency Responses. A. Driving,Boating or Flying Under the Influence.The following guidelines and procedures are established for implementation and administration of Title 5, Division 2,Part 1,Chapter 1,Article 8 of the California Government Code entitled "Costs of Emergency Response" (CaGC §53150, et seq.) as it may be amended from time to time. (1) All City line departments (Police, Fire, Public Works, etc.) participating in emergency responses to any incident involving a person under the influence of alcohol and/or drugs, or a person whose conduct is intentionally wrongful, while operating a motor vehicle, boat, or civilaircraft shall log all personnel time, equipment time and use,and all incidental costs involved in such emergency response. (2) The costs to the City for all such personnel time,equipment use, and incidental items shall be reported by each department within ten (10) days thereafter to the City Finance Department, including, without limitation: 000153 Ordinance No. 259 Page 2 (a) All direct wage costs for all department personnel so involved, including the department head. (b)All equipment costs, including reasonable depreciation or standard industry hourly rental amount, plus the cost of all incidental materials and supplies, involved in the emergency response. (c) The department head responsible for determining that the person causing the incidentwas under the influence of alcohol and/or drugs,or that said person's conduct was intentionally wrongful, shall be responsible for coordinating the preparation and furnishing of the departmental reports to the City Finance Department. B. The provisions hereof shall be applied uniformly against all such persons charged with a Penal Code, Vehicle Code, Health and Safety Code, or other statutory violation;no City official other than a majority of the City Council shall have authority to reduce or cancel the debt obligation after criminal charges arising from the incident have been approved by the District Attorney. C. The debt obligation herein shall only be excused or cancelled by the City Council after a duly noticed public hearing. D. All judicial actions for judgement and collection of the debt obligation herein shall be filed in the San Luis Obispo County Municipal Court,Small Claims Division. E. All monies collected shall be placed in the City's General Fund, and shall be included in the City budget projections. F. The City shall adopt a policy by resolution for financial recovery of costs of emergency response pursuant to Government Code Section 53150, et seq. Section 2. Publication. The City Clerk shall cause this ordinance to be published once within fifteen(15)days after its passage in the Atascadero News,a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933;shall certify the adoption of this ordinance;and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 3. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first(31st) day after its passage. 000154 Ordinance No. 259 Page 3 On motion by Council member and seconded by Council member the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: ATTEST: LEE RABOIN, City Clerk ROBERT P. NIMO, Mayor APPROVED AS TO FORM: ART MONTANDON City Attorney APPROVED AS TO CONTENT: RICHARD H. WHALE Chief of Police OQQ155. RESOLUTION NO. 90-92 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING A POLICY FOR THE FINANCIAL RECOVERY OF COSTS OF EMERGENCY RESPONSES, PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ. WHEREAS, Government Code Sections 53150 through 53158 authorizes the City to recover costs of emergency responses to incidents caused by drivers under the influence of alcohol and/or drugs, or drivers whose conduct is intentionally wrongful; and WHEREAS, the City Council desires to amend the Atascadero Municipal Code by the adoption of Ordinance No. 259 approving the implementation of a program to recover costs of response to emergencies cause by drunk or reckless drivers; and WHEREAS, it is appropriate to establish fees to cover the cost of providing necessary emergency response to incidents involving intoxicated and/or reckless drivers. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. Exhibit "A": A Policy for the Financial Recovery of Costs of "Emergency Responses", pursuant to Government Code Section 53150, et seq. is hereby adopted. SECTION 2. This resolution shall go into effect immediately upon the effective date of Ordinance No. 259. On motion by Councilperson Rudlac and seconded by Councilperson Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Rudlac, Luna and Mayor Nimmo NOES: None ABSENT: None ADOPTED: September 22, 1992 ATTEST: CITY OF ATASCADERO JJ `' By: LE OIN, C�cty Clerk ROBERT P. NIMMO, Mayor UOD15f Resolution No. 90-92 Page Two APPROVED AS TO FORM: ARTHER R. MONT DON, Ci y Attorney APPROVED AS TO CONTENT: RICAARD McHALE, Chief of Police 00015'7 RESOLUTION NO. 9C-:2 EXHIBIT "A" Page 1 CITY OF ATASCADERO POLICY FOR THE FINANCIAL RECOVERY OF COSTS OF "EMERGENCY RESPONSES", PURSUANT TO GOVERNMENT CODE, SECTION 53150 et seq. Table of Contents 1.0 Overview of Policy...................................................................................................... 1 2.0 Legislative Authority (CaCC §53156) .................................................................... 1 2.1 California Government Code, §53156............................................................... 1 2.2 Costs authorized for recovery ............................................................................ 1 3.0 Criteria for the Recovery of Expenses ............................................................ ......... 2 3.1 The incident..................................................... .............................- ........... 2 3.2 An"Emergency Response".............. .............................................................. 2 3.3 Alcohol/drug influence or willful misconduct.................................................... 2 3.4 Filing of charges ................................................................................................. 2 4.0 Procedure for Recovery ............................................................................................. 2 4.1 Initiation of reimbursement form ...................................................................... 2 4.1.1 Automatic aid responses -Fire Department ......................................... 3 4.2 Finance Department billing ............................................................................... .7 4.3 Civil obligation (CaGC §53154)........................................................................ 3 5.0 Financial Responsibility............................................................................................ 3 5.1 Liability limitations (CaCC §53155)................................................................. 3 5.2 Insurance payment of expenses (CaGC§53154).............................................. 3 6.0 Charges for an Emergency Response........................................................................ 4 6.1 Atascadero Police Department.......................................................................... 4 6.2 Atascadero Fire Department............................................................................. 4 6.3 Atascadero Streets Division............................................................................... 4 6.4 Atascadero Finance Department....................................................................... 4 6.5 Civil court remedies ........................................................................................... 5 7.0 Uniform Enforcement/Cancellation.......................................................................... 5 7.1 Uniform enforcement......................................................................................... 5 7.2 Debt Cancellation .............................................................................................. 5 7.3 Judicial Filings...................... ............. 5 .............................. 7.4 Disbursement of monies..................................................................................... 5 Appendix A(Government Code Sections)........................................................................ 6 Appendix B (Financial Recovery Reimbursement Form)................................................ 8 000158 RESOLUTION NO. 90-92 EXHIBIT "A" Page 2 CITY OF ATASCADERO POLICY FOR THE FINANCIAL RECOVERY OF COSTS OF"EMERGENCY RESPONSES", PURSUANT TO GOVERNMENT CODE, SECMON 53150 et seq. 1.0 OVERVIEW The purpose of this policy is to establish a procedure whereby the City of At'ascadero can recover expenses incurred by the Atascadero Police, Fire,or other City Departments due to`Emergency Responses'. Those `Emergency Responses' having been caused by persons driving under the influence of alcohol and/or drugs and negligently operating a motor vehicle,boat,or airplane or whose"intentionally wrongful conduct"causes such an`Emergency Response'as outlined in the California Government Code,sections 53150 through 53158(Appendix A). 220 LEGISLATIVE AUTHORITY FOR EXPENSE RECOVERY 2.1 California Government Code Section 53156 California Government Code section 53156 states: "`Expense of an Emergency Response'means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident,but shall only include those costs directly arising because of the response to the particular incident Reasonable costs shall include the costs of providing Police, Firefighting, Rescue, and Emergency Medical services at the scene of the incident,as well as the salaries of the personnel responding to the incident" 2.2 Costs Authorized for Recovery The above section describes costs which include,but are not limited to: 2.2.1 Mileage to and from the incident scene. 2.2.2 The cost of the wages of the officers, firefighters, and other emergency personnel at the scene for traffic/crowd control, investigations, fire suppression and medical aid. 2.2.3 The cost of the material used at the scene;flares,medical supplies, blankets, etc 2.2.4 The cost of the preparations of the reports and the follow-up investigations. 000159 RESOLUTION NO. 90 EXHIBIT "A" Page 3 Emergency Response Financial Recovery Page 2 costs including salaries,incurred b a"public agency"making ...2.� The g Y a reasonable emergency response to an incident 3.0 CRITERIA FOR THE RECOVERY OF EXPENSES 3.1 The Incident The incident, of whatever nature, must have occurred within the jurisdiction and primary response area of the Atascadero Police Department and/or within the area _ covered by the Atascadero Fire Department for primary response or that area covered under the Automatic and/or Mutual Aid fire suppression/medical aid responsibility. 3.2 An Emergency Response An`Emergency Response' must have been initiated by either the Atascadero Police and/or Fire Department(s), to which the Department(s) have the primary police responsibility or the primary/Automatic Aid and/or Mutual Aid fire suppression/ medical aid responsibility. 33 Alcohol/Drug Influence or Willful Misconduct It must be determined that the incident was caused by a person who was under the influence of alcohol and/or drugs at the time of incident,or as a result of engaging in "intentionally wrongful (or reckless)conduct". 3.4 Filing of Charges The person responsible for the incident must be charged with a violation of the California Vehicle Code, the Penal Code, the Health & Safety Code or with an applicable section of a Boating or Aviation code,which reflects such an alcohol/drug influence, or a section reflecting"intentionally wrongful conduct'. 4.0 PROCEDURE 4.1 Initiation of Reimbursement Form Tne on-duty Police Department Watch Commander or ranking Fire Officer shall initiate the Financial Recovery Reimbursement Foam,(Appendix B)when the above criteria is present. Once initiated,the Financial Recovery Reimbursement Form shall then be forwarded to the Police Operations Lieutenant,Battalion Chief and/or Public Works Administrator for completion or review and subsequent routing to the Finance Division. 0001G0 RESOLUTION NO. 90-92 EXHIBIT "A" Page 4 Emergency Response Financial Recovery • Page 3 4.1.1 Automatic Aid/Mutual Aid Responses-Fire Department Should the"Emergency Response"occur outside of the city limits of the City of Atascadero,but within the area covered under the Automatic Aid pact,and/ or Mutual Aid, for the Atascadero Fire Department,the Financial Recovery Reimbursement Form will be initiated by the ranking Fire Officer. The form will then be forwarded to the Finance Division for billing,as covered in section 4.2 below. 4.2 Finance Division Billing The original of the form shall be forwarded to the Finance Division of the. City of Atasmderoforappropriatebil ingoftheresponsibleparty.Theparticipaftdepartrnents shall retain a copy of the completed form for their records. The Finance Division may exercise the option of using a professional collections agency if deemed appropriate. 4.3 Civil Obligation The billing procedure described constitutes a civil obligation and shall not be affected by the disposition of any resultant criminal proceeding. (CaGC'§53154) 5_0 FINANCIAL RESPONSIBILITY 5.1 Liability Limitation "In no event shall a person's liability under this article for the expense of an emergency response exceed one thousand dollars ($1,000.00) for a particular incident." (CaCC §53155) 5.2 Insurance Payment of Expenses "The expense of an emergency response shall be a charge against the person liable for expenses under this article. The charge constitutes a debt of than person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under contract, expressed or implied, exceptthat liability for the expenses provided for in this article shall not be insurable and no insurance policy shall provide or pay for the expenses."(CaGC §53154) • 000161 RESOLUTION NO. 90-92 EXHIBIT "A" Page S Emergency Response Financial Recovery Page 4 6.0 CHARGES FOR EMERGENCY RESPONSES 6.1 Atascadero Police Department The Atascadero Police Department will submit a bill for its Emergency Responses at the rate of thirty-five dollars ($35.00) for each patrol vehicle responding to the emergency. In addition a charge will be billed for employees salaries,which will be based upon their regular hourly rate plus overtime (if required) as stipulated in the current MOU for their classification. The hourly charge shall be for the total time of each such employee while the employee is engaged in any necessary function relating to the emergency.This shall include the total time spentpreparing the resultant report; including but not limited to:writing,reviewing,processing and filing of the report The unit charge shall cover all associated costs of the patrol vehicle including ordinary supplies,mileage,and depreciation. The total bill charged shall be itemized to include employee time and units of equipment deployed. 6.2 Atascadero Fire Department The Atascadero Fire Departmentwill submit a bill for its Emergency Responses at the rate of sixty dollars ($60.00) for each piece of fire apparatus responding to the emergency. In addition a charge will be billed for employees salaries,which will be based upon their regular hourly rate plus overtime(if required) as stipulated in the current MOU for their classification. The hourly charge shall be for the total time of each such employee,while the employee is engaged in any necessary function relating to the emergency. The unit charge shall cover all associated costs of the fire apparatus including ordinary supplies,mileage,and depreciation.The total bill charged shall be itemized to include employee time and units of equipment deployed. 6.3 Atascadero Street Maintenance Division The Atascadero Street Maintenance Division will submit a bill for its Emergency Responses at the rate of thirty-five dollars ($35.00) for each piece of equipment responding to the emergency. In addition a charge will be billed for employees salaries, which will be based upon their regular hourly rate plus overtime (if required) as stipulated in the current MOU for their classification. The hourly charge shall be for the total time of each such employee while the employee is engaged in any necessary function relating to the emergency. The unit charge shall cover all associated costs of the fire apparatus including ordinary supplies,mileage,and depreciation.The total bill charged shall be itemized to include employee time and units of equipment deployed. Additionally, the Street Maintenance Division will submit for inclusion in the billing process, the replacement costs for any and all damaged roadway material (ie:guardrails,stopsigns, streetsigns,etc.). • 000162 RESOLUTION NO. 9C-7: EXHIBIT "A" Page 6 Emergency Response Financial Recovery Page 5 6.4 Atascadero Finance Division It will be the responsibility of the finance division to include in the bill to the defendant, a charge of fifty dollars ($50.00) to cover the administering, accounting, billing and tracking costs incurred in the preparation and collecting of this debt. 6.5 Civil Court Remedies It shall be the policy of the City of Atascadero,that should any debt incurred under the provisions of this policy become uncollectable,a civil remedy shall be sought. In such a case, the City of Atascadero shall request reimbursement for court costs and reimbursement for the wages of the City employee(s) required in court to prove the City's case as a part of such civil action. - -- 7.0 UNIFORM ENFORCEMENTCANCELLATION OF DEBT' 7.1 Uniform Enforcement The provisions hereof shall be applied uniformly against all such persons charged with a Penal Code,Vehicle Code,Health and Safety Code or other statutory violation;no City official other than a majority of the City Council shall have authority to reduce or cancel the debt obligation after criminal charges arising from the incident have been approved by the District Attorney. 7.2 Debt Cancellation The debt obligation herein shall only be excused or cancelled bythe City Council after a duly noticed public hearing. 7.3 Judicial Filings All judicial actions for judgment and collection of the debt obligation herein shall be filed in the San Luis Obispo County Municipal Court Small Claims Division. 7.4 Disbursement of Monies All monies collected shall be placed in the City's General Fund,and shall be included in City budget projections. 000163 REPORT TO CITY COUNCIL Meeting ate: 10/13/92 CITY OF ATASCADERO Agenda Items D-9 Through: Ray Windsor, City Manager From Lee Raboin, City Clerk SUBJECT: Adoption of Ordinance No. 260 establishing cost recovery for emergency response to alarms. RECONNDATION Adopt Ordinance No. 260 on second reading by title only. BACKGROUND: On September 22, 1992, the City Council conducted a pubic hearing on the above referenced subject. The Council approved the introduction of Ordinance No. 260 establishing guidelines and procedures for security alarms and adopted Resolution No. 91-92 setting fees for emergency services in response to a cessive false alarms. FISCAL IMPACT: Undetermined. The major rationale is to establish r gulations for security alarms and to reduce the number of false alarms* , Attachments Police Chief's Report of 8/13/91 Ordinance No. 260 Resolution No. 91-92 00014 REPORT TO CITY COUNCIL CITY OF ATASCADERO Agenda Item:c=3(s) Through. Ray Windsor, City Manager Meeting Date: 8/13/91 From: Richard:H. McHale, thief of Police SUBJECT-. Proposed City Ordinance-Response to Alarms RE O. I MEMAT'TONS! Adaptthe proposed ordinance r latin alarmsystemsand the proposed fees responses to false alarm ells for service. (Or ina No. 260(New))) BAQ; ROJM: Emergency response to calls relating to alarms account for a major portion of the Police Department's service delivery system. Itis estimated that there are more than 640 locations within our city which aro connected to an alarm system. During 1990,our department responded to 716 Burglary and/or Robbery alarms which represents a 34% increase over those received in 1989. More than 99%of these alarms were classified as false. Over the past three years,our police officers handled 1,825 alarm calls. An analysis of these incidents indicate that only one or two of these each year were verified as break-ins or entries. The result of the Police Department responding to such incidents is inefficient, ineffective and a very costly use of police resources in addition to the issue of increased exposure to liability as we respond to and handle such matters. The investigation and processing of false alarm calls during 1990 consumed more than 1,348 hours of personnel resources. In terms of salaries, benefits and equipment, these hours equate to a cast exceeding$109,000.00 for alarm responses alone. There are other costs and potential hazards also associated with;false alarm responses including: 1. There is a threat to police personnel resulting from complacency which occurs in repeatedly responding to fare alarms. 2. There is a potential for accidental injury to citizens and responding public safety personnel. 3. There is excessive and unnecessaryout-of-servicetime for police officers investigatin false alarms. This can result in one to two officers being unavailable for extende periods of time,thereby removing them from their primary law enforcement duties. 4. Alarm calls result in excessive police radio traffic which creates additional workload on police dispatchers who must receive,document and dispatch alarm calls. Page 1 5. All of the foregoing result in significant cost to our City in terms of personnel and equipment. False alarms are categorized in the following manner: 1. Employee error or negligence. 2. Malfunctioning equipment. 3. Unknown cause. This means that the investigating police officers could not determine with absolute certainty, as to why the alarm was activated. 4. Other. False alarms which were caused by construction, ''storms, etc. This is considered the only type of false alarm over which the alarm user or installer has no control. An analysis of the 1,825 alarm calls which have occurred during the past three years reveals the breakdown of the following causes: Cause Percentage Employee error or negligence 40% Malfunctioning equipment 45% Unknown/Other 15% There are two additional problems associated with alarm calls. The first is the reliability of the emergency contact information on file with the alarm companies and/or the Police Department. Quite frequently this information is out-of-date. The second major problem is the unwillingness of some alarm users to respond to the scene of an alarm in order to: 1. Allow police personnel entry into the location to ensure the premises is, in fact, secure; and 2. In the event of audible alarms,deactivate the alarm so as not to continue to disturb neighboring residences. PROPOSED ORDINANCE: While the City has no legal requirements to respond to these private alarms, historically we have provided this service. However, the City presently has no ordinance concerning false alarm activations and the related issues. There is a clear need to maximize the effectiveness of police personnel responding to alarm calls and to attempt to reduce the number of false alarm activations within the City. The need also exists to recover reasonable costs related to the investigation of false alarm activations and administration of an alarm program. For these reasons, the proposed ordinance has been developed. Included in the ordinance are the following: Page 2 0O01GG 1. The ability to prescribe standards for alarm system operation. 2. The requirement for the alarm user or his/her representative,to respond to the scene of an alarm activation. 3. Provide for the assigning of strict responsibilities relating to the installation and maintenance of alarm systems. The level of cooperation within the City that is expected of alarm users and installers is clearly defined. 4. Creates a fee structure for false alarms from a single location in excess of three alarms in any twelve month period,with fee amounts to be determined by resolution. It is recommended that the assessments be as follows: a. Upon the 4th false alarm within 12 months $25.00 b. Upon the 5th false alarm within 12 months $50.00 c. Upon the 6th false alarm within 12 months $100.00 5. Provides for an alarm permit to ensure that current emergency responder information is available to the Police Department and to provide for reasonable costs in the administration of the alarm program. 6. Provides for an appeal procedure to the City Council for permit revocations and the assessment of civil penalties. In conclusion, the anticipated result of the recommended action Vgill be better maintenance of the alarm systems and more careful handling of the systems by installers and users. It is anticipated that this will lead to fewer false alarm responses by both the Police Department and the Fire Department. Additionally,the ordinance provides the means of recovering the high costs associated with response to public safety alarm activations. It should be noted that the proposed ordinance is modeled after the ordinance currently being successfully used in San Luis Obispo and Arroyo Grande. FISCAL IMPACT: Beyond using existing staffing for the administration of this program, no significant negative fiscal impact is anticipated. There is indeed a potential for recovery of actual ongoing costs. RHM:jph Attachments: Page 3 ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING TO TITLE 3,CHAPTER 5 OF THE MUNICIPAL CODE;ARTICLE 10 REGARDING ALARMS WHEREAS, the Police Department and Fire Department routinely respond to activated alarms for emergency aid; and WHEREAS, a large majority of responses to activated alarms for service are determined to be "false alarms"; and WHEREAS,the City Council desires to provide guidelines and procedures for the installation,maintenance and use of security alarms in order to deter emergency response to "false alarms"; NOW,THEREFORE,the City Council of the City of Atascadero does ordain as follows: Section 1: Title 3, Chapter 5 of the Atascadero Municipal Code is amended by adding Article 10 as follows: SECURITY ALARMS 3-5.1001 Purpose The purpose of this Article is to reduce false alarms, and to regulate burglary, robbery,fire and fire protection and medical attention alarm systems, and alarm businesses, agents and users. 3-5.1002 Definitions For the purposes of this Article,words and phrases used in this Article are defined as follows: A. "Alarm agent" shall mean a person employed by an alarm business, either directly or indirectly,whose duties include selling,leasing,altering,installing, maintaining,moving,repairing,replacing,servicing,responding to,or monitoring an alarm system,or a person who manages or supervises a person employed by an alarm business to perform any of the duties described herein. 000168 Ordinance No. 260 Page 2 B. "Alarm business" shall mean any business held by an individual, partnership, corporation, or other entity for the purpose of selling, leasing, altering,installing,maintaining,moving,repairing,replacing,servicing,responding to, or monitoring any alarm system in a building, structure, or facility. C. "Alarm system" shall mean any mechanical or electronic device or series of devices which transmits a signal or message,either directly or indirectly, to the Emergency Dispatch Center; or which emits an audible or visual signal at the alarm location, and which is designed to: (1) Detect unauthorized entry into any building, structure, or facility; or (2) Signal the occurrence of an unlawful act upon the premises; or (3) Detect a fire, or detect activation, equipment problems, or the malfunction of a fire protection system; or (4) Detect a hazardous material leak or system malfunction; or (5) Signal the need for medical attention. For purposes of this Article,devices operated by the City of Atascadero or devices which are not designed or used to register alarms that are audible,visible or perceptible outside of the protected premises are not included within the meaning of Alarm System. D. "Alarm user" shall mean the person, firm, partnership, association, corporation, or organization of any kind that owns, leases, rents, uses, or makes available for use by its agents, employees, representatives, or family, any alarm system. E. "Chief of Police" shall mean the Chief of Police of the City of Atascadero, or his/her designated representative. F. "City" shall mean the City of Atascadero. G. "Day" shall mean calendar day. H. "Department Head"shall mean the Chief of Police,the Fire Chief,or their designated representatives. I. "Direct Dial System" shall mean an alarm system which is connected to a telephone line and, upon activation of an alarm system, automatically transmits a message or signal to the Emergency Dispatch Center,indicating a need for emergency response. _ 4B41by- Ordinance No. 260 Page 3 J. "Emergency Dispatch Center" shall mean the 'communications and dispatch center located at the Police Department facility. K. "False alarm" shall mean an activation of an alarm system through mechanical failure, malfunction, improper installation 'or maintenance, or negligence of the alarm user when an emergency situation does not exist. A determination as to whether an alarm signal was a false alarm or an actual alarm shall be made by the appropriate Department Head. "False alarms" shall not include those alarms activated by extraordinary meteorological,atmospherical,or other conditions or means, as determined by the Department Head L. "Finance Department"shall mean the Finance Department of the City of Atascadero. M. "Fire Chief'shall mean the chief of the Fire Department of the City of Atascadero, or his/her designated representative. N. "Notice"shall mean written notice,given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal services,or upon the placing of the same in the custody of the Unites States Postal Service. O. "Private Alarm Dispatch Center"shall mean a center maintained by an alarm business which receives emergency signals from alarm systems,and thereafter immediately relays the message by live voice to the Emergency Dispatch Center. P. "Responsible Department"shall mean the City department having the responsibility of providing emergency services upon receipt of an alarm signal at the Emergency Dispatch Center. For incidents relating to fires or water flow in fire sprinkler systems, or other extinguishing agents in fire protection systems, as well as medical attention,the Fire Department is the responsible department. For incidents related to burglary, robbery, unauthorized entry,..,etc., the responsible department is the Police Department. 3-5.1003 Alarm System Standards A. In General (1) The Council, upon recommendation of the Chief of Police or Fire Chief,may prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed in the City.',; All equipment shall meet or exceed these standards and regulations. 00OT7 Ordinance No. 260 Page 4 (2) No alarm shall be installed unless the alarm user has either a service agreementwith a City licensed alarm business qualified under this Article; or has available a designated person who will respond to the site of an activated alarm with the ability to deactivate the alarm. B. Audible Alarm Systems No audible alarm system shall be installed or used unless it shall have an automatic reset capability, which shall silence the alarm within 15 minutes of activation. C. Silent Alarm Systems (1)No direct dial system shall be allowed within the City. (2)All silent alarm systems shall be connected to a private alarm dispatch center. 3-5.1004 Alarm Business Standards A. Alarm businesses operating with the City shall comply with all state licensing requirements and operate in accordance with the standards set forth in the State Alarm Company Act as to conduct of business and qualification of employees, including alarm agents. B. No person or company which installs, or otherwise provides an alarm system, shall install such device or system without the ability to provide 24-hour service for that system. "Service"for the purposes of this section shall include the ability to promptly repair a malfunctioning alarm system, and, in any event, a service response to the alarm location shall be accomplished within 30 minutes of a request for service. "Service" shall also include the ability to provide periodic maintenance necessary to assure normal functioning of the system. This section shall not apply to persons or businesses who merely sell from fixed locations, or who manufacture alarm systems,unless such persons or firms also install,monitor, or service such systems. C. Any alarm business operating a private alarm dispatch center shall, within 1 minute of receiving notice that an alarm has been activated, notify the Emergency Dispatch Center of the activation. Notification shall normally be made via a designated one-way telephone line which is dedicated solely to the reporting of such notification. T I Ordinance No. 260 Page 5 D. Each alarm business that monitors fire alarm systems, must comply with all sections of National Fire Protection Association bulletin#71-1988 and as amended. E. It shall be the duty of the alarm business to cooperate fully at all times with the City and its employees. Every alarm business shall,upon request during normal hours of business, make any and all records and information in its possession relating to alarm systems operating within the City, available to personnel authorized by the Chief of Police or the Fire Chief. Each alarm business must possess a valid Atascadero City Business License. 3-5.1005 Alarm Use Standards A. Alarm Permit (1) All existing and prospective users of alarm systems shall obtain an alarm user permit approved by the responsible Department Head within sixty (60) days following the effective date of the ordinance codified in this Article,or prior to the installation and use of an alarm system,as the case may be. A separate ' permit shall be required for each separate alarmed building or facility, and for each separate alarm system. Each application shall include the telephone number, and signature of the individual accepting responsibility for the proper functioning and maintenance of the alarm system covered by the permit. A copy of the permit shall be posted upon the premises where the alarm system is installed. Each permit will bear the signatures of the issuing official and the Department Head of the responsible department. B. Alarm User/Representative Response The alarm user shall, at all times, insure that the Emergency Dispatch Center is in possession of a minimum of three(3)names,telephone numbers,and home addresses of persons with 24-hour access to the alarm location and the alarm system,who are authorized to and will respond to the location where an alarm has been activated. The response shall be within a reasonable time and,in any event, within 30 minutes of being requested to do so. At anytime that one of these persons no longer possesses such access to the alarm location, the alarm user shall immediately notify the Emergency Dispatch Center and, in any event, this notification shall be made within 48 hours of the time at which the person no longer possesses access to the location. Ordinance No. 260 Page 6 C. False Alarms (1) It shall be the duty of the alarm user to properly use the alarm system and maintain it mechanically and technically to insure safe and responsible operation and minimize the number of false alarms. If the Chief of Police or Fire Chief determines that the system lacks in quality, components, servicing, or is improperly used by the alarm user,he/she may require that modifications be made to the system to make it comply with this Article. (2) False alarms shall be considered excessive when they exceed three (3) activations in any twelve (12) month period. (3) As provided by resolution of the City Council,a fee shall be paid to the City by each alarm user for excessive false alarms. The Police Chief or Fire Chief shall notify the Finance Department regarding unpaid fees accrued during any monthly billing period and any prior periods. Such bill shall be due and payable within thirty(30) days after the billing date. (4) A penalty of fifteen percent (15%) shall be added to the fees required by this Section in connection with any fees not paid in the time and manner set forth above. (5) The amount of any fee and late penalty assessed pursuant to this Article shall be deemed a debt to the City, and an action may be commenced in the name of the City in any court of competent jurisdiction in the amount of the delinquent debt. Payment of any user fees and late charges shall not prohibit criminal prosecution for the violation of any provisions of this Article. 3-5.1006 Enforcement and Appeals A. Revocation of Permit In addition to other remedies provided, the Department Head of the responsible department may revoke an alarm user's permit for a violation of this Article. B. Civil Penalties For violations of this Article, the Department Head of the responsible department may assess a civil penalty of up to$500.00 for each violation. C. Criminal Penalties A violation of this Article is punishable as a misdemeanor. 00 Ordinance No. 260 Page 7 D. Appeals The decision of a Department Head to revoke an alarm user's permit; or to assess a civil penalty may be appealed to the City Council'. All appeals must be filed within thirty(30)days of receipt of notice of the Department Head's action. Section 2. Publication. The City Clerk shall cause this ordinance to be published once within fifteen(15)days after its passage in the Atascadero News,a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933;shall certify the adoption of this ordinance;and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 3. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first(31st) day after its passage. On motion by Council member and seconded by Council member , the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ATTEST: LEE RABOIN, City Clerk ROBERT P NIMMO, Mayor APPROVED AS TO FORM: ARTHER MONTANDON City Attorney APPROVED AS TO CONTENT: - W�a� RICHARD H. WHALE Chief of Police 000174- E RESOLUTION NO. 91-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING FEES -FOR EMERGENCY SERVICES IN RESPONSE TO FALSE ALARMS WHEREAS, the City Council desires to amend the Atascadero Municipal Code by the adoption of Ordinance No. 260 relating to emergency response to activated alarms; and WHEREAS, false alarms shall be considered excessive when they exceed three (3) activations in any twelve (12) month period; and WHEREAS, it is appropriate to establish fees to cover the cost of providing emergency response to false alarms; and WHEREAS, a fee structure for costs associated with emergency response to various alarms does not at this time exist. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero as follows: SECTION 1. The following fee schedule is hereby adopted: Upon the 4th false 'alarm within 12 months $ 25.00 Upon the 5th false alarm within 12 months 50. 00 Upon the 6th false alarm within 12 months 100.00 SECTION 2. A penalty of fifteen percent (15%) shall be added to the fees required by this Section in connection with any fees not paid within thirty (30) days after the billing date. SECTION 3. These fees shall go into effect immediately upon the effective date of Ordinance No. 260. On motion by Councilperson Luna and seconded by Councilperson Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Rudlac, Luna and Mayor Nimmo NOES: None ABSENT: None ADOPTED: Septkimher 22, 1992 ATTEST= _ �� - CITY OF ATASCADERO ` By: LE OIN, City Clerk ROBERT P. NIMMO, Mayor 000175 Resolution No. 91-92 Page 2 APPROVED AS TO FORM: ARTHER R. MONTANDON, City A orney APPROVED AS TO CONTENT: Z"J. 14 rxg-OML RICHARD H. McHALE, Chief of Police REPORT TO CITY COUNCIL CITY OF ATASCADERO A ends Item: D-10 Through: Ray Windsor, City Manager Meeting Date: 10/13/92 File N` : ZC 92005 From: Henry Engen, Community Development Director SUBJECT: Adoption of ordinance amending the Zoning Ordinance map to allow a Planned Development Overlay ;(PD7) at 4650 Traffic Way. RECOMMENDATION» Approval and adaption of Ordinance No. 261 on second read ng. BACKGROUND: On September 22, 1992, the City Council conducted 'a public hearing on the above referenced subject. The Council concurred with the Planning Commission's recommendation and approved Ordinance No. 261 on first reading to permit a 4-lot subdivision. HEph Attachment: ordinance No. 261 ccs Landmark Partnership/Frank Haas 000i i ORDINANCE NO. 261 AN ORDINANCE OF` THE' COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 6 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 4650 TRAFFIC WAY FROM RMF/10 TO RMF/10 (PD7) (ZC ',92005: HAAS) WHEREAS, the proposed zoning map amendments are consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on September 1, 1992, and has recommended approval of Zone Change 92005. NOW, THEREFORE, the council of the City of Atascadero does ordain as follows Section 1. Council Findings. 1. The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance. 2 The proposal is consistent with the General Plan in effect at the time of application acceptance. 3. The proposal will not result in any, significant adverse environmental ,impacts. The Negative Declaration prepared for the project is adequate. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 000IL77 Ordinance No. 261 6. Benefits derived froma the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 7. The proposed plans offer certain redeeming features to compensate for requested modifications. Section 2. Zoning Map. Map number 6 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels listed below, and shown on the attached Exhibit A, which are hereby made a part of this ordinance by reference. Lots 13 and 14; Block W; Atascadero Colony Development of said property shall be in accordance with the standards of the Planned Development Overlay Zone No. 7, the Master Plan of Development shown on the attached Exhibit B, and any conditions of approval imposed during the approval of this zone change and/or any other associated applications. Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 316933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and'' seconded by , the foregoing Ordinance is approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: , ROBERT P. NIMMO, Mayor City of Atascadero, California 0001'78 9000 ..0 ATTEST: LEE RABOIN, City Clerk RAY WINDSOR, City Manager APPROVED AS TO FORM: - _ ARTHER R. MONTANDON, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director 0001'79 :•��11111 11111 ' . �,o` , ' ��►1 i I : �R/�'�s 1 f f.. EXHIBIT B .... ... . f MASTER PLAN OF DEVELOPMEN CITY .)F ATASCADERO COMMUNITY DEVELOPMENT may►,,;,' DEPARTMENT .410R.. n 1!IL •ARAM* izz It t , s tt e s - r h !; Y • 000181