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Agenda Packet 08/23/1982
AGENDA - ATASCADERO CITY COUNCIL j Regular Meeting August 23, 1982 7: 30 p.m. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment City Council Comments A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar , are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote may be by roll call. • 1. Minutes of the regular meeting of August 9 , 1982 (RECOMMEND APPROVAL) 2. Business license application, 5950 E1 Camino Real, Randall Craig Nelson dba: "Kozy Kasino" , to establish a card room with two tables (RECOMMEND APPROVAL) 3. Lot Line Adjustment LA 820602: 1, 4235 and 4255 Dolores, Michael T. Wise and Richard R. Russell (Twin Cities) to ad- just existing lot lines to alleviate encroachment of an ex- isting garage (RECOMMEND APPROVAL OF PLANNING COMMISSION REC- OMMENDATION) 4. Tentative Parcel Map AT 810430: 1, 2205 San Fernando Road, Edith Hessick (Stewart) to extend the time allowed to com- plete requirements for an approved tentative map (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Acceptance of Parcel Map AT 820309: 1, 7565 Sombrilla, Z . M. and Helen Walley (Twin Cities) (RECOMMEND APPROVAL OF PLAN- NING COM14ISSION RECOMMENDATION) B. HEARINGS, APPEARANCES AND REPORTS 1. Hearing on Wil-Mar Disposal Company increase in garbage ser- vice rates , Resolution No. 42-82 authorizing execution of Agreement with Wil-Mar 2. City Attorney Report No. 21 # 6 AGENDA - ATASCADERO CITY COUNCIL AUGUST 23, 1982 C. UNFINISHED BUSINESS 1. Ordinance No. 57 amending Ordinance No. 19 which established Council procedures - second reading D. NEW BUSINESS None E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS (Council will recess and convene as the Atascadero County Sanita- tion District Board of Directors) 1. Resolution No. 43-82 approving the budget for the 1982-83 Fiscal Year and appropriating funds therefor 2. Amendment to the agreement between the District and Engineer- ing-Science, Inc. to design and aid in the construction of the wastewater treatment facility (The Board of Directors will adjourn and reconvene as City Coun- cil) F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council 2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager NOTE: The City Council will hold a closed session after the regular meeting to discuss employee negotiations and litigation 2 • MINUTES ATASCADERO CITY COUNCIL Regular Meeting August 9 , 1982 7: 30 p.m. Atascadero Administration Building The meeting was called to order at 7: 30 p.m. by Mayor Nelson with the Pledge of Allegiance. Bob Kanagy of the Berean Baptist Church gave the invocation. ROLL CALL PRESENT: Councilmen Mackey, Molina, Stover , Wilkins and Mayor Nelson ABSENT: None PUBLIC COMMENT None COUNCIL COMMENTS (a) Councilman Mackey stated that Council was in receipt of a letter from EOC regarding cleaning up Atascadero Creek on ® August 21 and 22. Mr . Warden stated that the City would work with EOC to coordinate this project. MOTION: Councilman Mackey moved that Council endorse the Creek clean- up and authorize the use permit needed. The motion was sec-. onded by Councilman Molina and unanimously carried. (b) Councilman Mackey stated that there are two cars that park by an exit from Lucky' s market which create a barricade. She asked that the City take a look at painting red areas at parking lot exits. (c) Councilman Molina commented on the neighborhood crime preven- tion programs sponsored by the Police Department. He felt that they were very worthwhile and urged citizens to participate in them. (d) Councilman Nelson stated that he had received correspondence from Mayor B'Ann Smith of Arroyo Grande stating that her City has changed its mind about placing an increase of transient occupancy tax on the November ballot. Other cities are also reconsidering their positions. RESOLUTION NO. 37-82 OF APPRECIATION FOR GEORGE P. HIGHLAND, CITY COUNCILMAN, JULY 2, 1979 TO JULY 28 , 1982 • Mayor Nelson called upon Mr . Highland to accept a Resolution hon- oring him. He reviewed the time and effort Mr . Highland has put into the community and read the resolution commending Mr . Highland for his civic activities. MINUTES - ATASCADERO CITY COUNCIL AUGUST 9 , 1982 MOTION: Councilman Wilkins moved for the adoption of Resolution No• 37-82. The motion was seconded by Councilman Mackey and unanimously carried. A. CONSENT CALENDAR 1. Minutes of the special meeting of July 26, 1982 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of July 26, 1982 (RECOMMEND APPROVAL) 3. Treasurer ' s Report, 7-1-82 to -7-31-82 (RECOMMEND APPROVAL) 4 . Finance Director' s Report, 7-1-82 to 7-31-82 (RECOMMEND APPROVAL) 5. Authorize transfer of $1,984 .62 from Contingency Reserve to, pay for -fire suppression costs from the State of California (RECOMMEND APPROVAL) 6. Resolution No. 38-82 authorizing participation in the Federal Surplus Property Program (RECOMMEND ADOPTION) 7 . Resolution No. 39-82 appoint the Director of Public Works al the responsible public - official in matters involving wate rights (RECOMMEND APPROVAL) Mayor Nelson reviewed the items on the Consent Calendar. Council- man Molina requested that ,item A-5 be withdrawn from the Consent Cal- endar and offered a correction to the minutes of the regular meeting of July 26, 1982. On page 2, under B-1, second paragraph, the word "lives" in the first sentence should be changed to "owns property MOTION: Councilman Mackey moved for the approval of the Consent Cal- endar with the amendment of the minutes and excluding item A-5. The motion was seconded by Councilman Stover and unani- mously carried. A=5 Authorize transfer of $1,984.62 from Contingency Reserve to pay for fire suppression costs from State of California Councilman Molina asked if the property owner would be billed for this charge Mr . Warden indicated that the City would bill the prop- erty owner if Council approved. Council indicated that they wanted the property owner to be billed. MOTION: Councilman Molina moved for the approval of item A-5. The motion was seconded by Councilman Stover and unanimously car- ried by roil call vote. • 2 MINUTES - ATASCADERO CITY COUNCIL—AUGUST 9 , 1982 • B. HEARINGS , APPEARANCES AND REPORTS 1. Public hearing on weed abatement charges, consideration of Resolution No. 40-82 confirming the costs of weed abatement Mr . Warden reviewed the annual weed abatement program. Mayor Nelson asked why there was only a thirty day period to do the con- tract. Mike Hicks , Fire Chief, explained that the growth period of weeds does not end until the end of June. If they mowed any time be- fore that, the weeds would grow back before summer was over . Also, the mowing must be completed in order to get the charges to the County for inclusion on the tax bills by August 10th. Mayor Nelson opened the matter for public hearing and asked if the public had any comments. Mr . Warden stated that he had received a letter from J. C. Johnson at 10955 Colorado Road objecting to the mow- ing. Mr . Johnson stated that he had already mowed his property and the City had had it mowed again. Chief Hicks explained that the prop- erty had not been mowed satisfactorily and needed to be done correct- ly. Councilman Mackey felt that consideration should be given to the property owner regarding his complaint. MOTION: Councilman Molina moved for the adoption of Resolution No. 40-82. The motion was seconded by Councilman Wilkins and carried with Councilman Mackey voting no. 2. Public hearingon 1982-83 Final Budget and Revenue Sharing 9 g allocations, consideration of Resolution No. 41-82 approving the Budget for the 1982-83 Fiscal Year and appropriating funds therefor Mr . d . Warden explained that under Federal regulations , it would be P necessary to hold a public hearing on Revenue Sharing allocations. Mayor Nelson opened the public hearing and asked for comments. There were none. Mr . Warden stated that there were still some changes yet to be made to the budget such as the employee negotiation process still not being completed. Mr . Warden reviewed the committee meeting regarding the personnel for the City Clerk' s office. He noted that it had been agreed that a person would be shared between the City Clerk' s and City Manager ' s office. The City Manager had budgeted for a PBX Operator in last year ' s budget and has still not hired the position, but plans to do so in the near future. This person could be used by the City Clerk for her functions including taking of minutes at Council meetings. It was noted that this person would be made available to the City Clerk for up to three hours per day. Councilman Molina stated that this should be on a six month tem- porary basis. There was considerable discussion about this with Mr . Warden stating that it would be difficult to find a qualified indivi- dual if the position was only going to be for six months. The person- nel rules provide for a six months probationary period for employees within which to rate an individual' s performance' If the person did not perform satisfactorily in either the PBX function or that of the L 3 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 , 1982 • Deputy Clerk , then the person would be terminated from employment. Council decided that the position should be permanent with personnel rules and regulations applying. Mr . Warden also discussed the possibility of offering health in- surance to the elected officials (City Council, City Clerk and City Treasurer) since they are employees of the City. Council was in favor of this. MOTION: Councilman Wilkins moved that Council adopt Resolution No. 41-82 including the items discussed. The motion was seconded by Councilman Stover and carried with Councilman Molina vot- ing no. 3. Public hearing on appeal of Planning Commission decision, Tentative Parcel Map AT 811203:1, 11705 El Camino Real, Edward and Judy Young , to allow resubdivision of two existing parcels totaling 7. 5 acres into three parcels of 2.5 acres- each Larry Stevens, Planning Director , stated that the Planning Commis- sion had unanimously denied the application based on findings that the parcel map is not consistent with the General Plan policies as con- cerns minimum lot size, most of the site is in the area of the 100 year flood and located in a flood plain, and possible sewage disposa system failure could be associated with flooding problems. .0 There was considerable discussion regarding the center of town and General Plan criteria governing lot size from the center of town. Comments were heard from Terry Orton of Westland Engineering and John Kennaly from Twin Cities Engineering in support of the applicant. Mr . Orton contended that there were many lots of similar size in the area. Mr . Kennaly addressed the flood zone issue stating that the floodway and flood plain are not a problem to this parcel. Council members indicated that they were in favor of approving the application with conditions. Councilman Molina felt that the center of town designation should be more precisely defined. Conditions should be set regarding the sewage drainage system. MOTION: Councilman Molina moved that Staff draft appropriate findings based on Council discussion, refer the matter to the Planning Commission for their consideration and bring it back to Coun- cil at their first meeting in September . The motion was sec- onded by Councilman Wilkins and unanimously carried. C. UNFINISHED BUSINESS None 4 • • MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 , 1982 • D. NEW BUSINESS 1. Ordinance No. 57 amending Ordinance No. 19 which established Council procedures Mr . Warden stated that this was to correct a discrepancy between Ordinance No. 19 and Ordinance No. 48 concerning to agenda prepara- tion. Ordinance No. 57 corrects Ordinance No. 19 to retain agenda preparation with the City Manager ' s office. MOTION: Councilman Wilkins moved that Ordinance No. - 57 be read by title only. The motion was seconded by Councilman Mackey and unanimously carried. Mayor Nelson read Ordinance No. 57 by title only. MOTION: Councilman Wilkins moved that this constitute the first read- ing of Ordinance No. 57. The motion was seconded by Council- man Mackey and unanimously carried. 2. Consideration of rate increase and agreement for garbage col- lection and disposal service; Wil-Mar Disposal Company Mr . Warden reviewed the proposed rates and noted that this is the ifirst rate increase the Company will receive, if approved, since 1975. Mr . Warden suggested that Council discuss the matter , allow public comment and set the matter over to the next meeting to allow time for the public to become informed about the proposed increase and to pro- vide comment to the Council. Mr . Warden stated that the franchise fee, although being charged to reimburse the City for the use of and wear and tear on City streets as a result of the heavy equipment the garbage company uses, will be put into the general fund. Specifying its use would make this a spe- cial tax and, therefore, would fall under Proposition 13 requirements. He noted that the General Fund is now used to repair and maintain streets because gas tax monies are not enough to support a good street program. Council discussed this matter and comments were heard from Kelly Gearhart, who is presently requesting a garbage collection permit from the City; Kathleen Daly, John Daly and Emil LaSalle who were opposed to the City receiving a franchise fee from this increase. MOTION: Councilman Wilkins moved that this matter be held over to the next meeting of the Council for hearing . The motion was sec- onded by Councilman Molina and unanimously carried. 3. Agreement with Community Transit Services, Inc. for Fiscal Year 1982-83 • Mr . Warden stated that this was part of the budget just adopted by Council. Mayor Nelson stated that he had received some complaints regarding the service and thought perhaps an education campaign about 5 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 , 1982 the buses should be held. Mr . Warden noted that an explanatory bro• chure is presently being written. MOTION: Councilman Stover moved for approval of the Agreement and authorize the appropriate signatures. The motion was sec- onded by Councilman Molina and unanimously carried. E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS MOTION: Councilman Wilkins moved that Council recess and convene as the Atascadero County Sanitation District Board of Directors. The motion was seconded by Councilman Mackey and unanimously carried. 1. Appearance of Wallace Dunn requesting a "will serve" letter from the Sanitation District Mr . Warden reviewed his memo to the Board and the problems associ- ated with Mr . Dunn' s request. Mr . Dunn reviewed his proposed project and its location. He requested that the Board circumvent the normal process by giving him a "will serve" letter realizing that he will have to go through the regular procedures for approval of the project. Ralph McCarthy spoke on behalf of Mr . Dunn' s request. The Board discussed this matter noting the need for senior housin in Atascadero, however , did not feel that they could authorize a "wile serve" letter in this case. MOTION: Director Mackey moved that the Board deny the request of Wally Dunn for a "will serve" letter . The motion was sec- onded by Director Stover and unanimously carried. MOTION: Director Wilkins moved that the Board adjourn and reconvene as City Council. The motion was seconded by Director Mackey and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council (a) Councilman Molina suggested that a get well letter be sent to Barney Schwartz , ex-Mayor of Paso Robles. 2. City Attorney Mr . Grimes was not at the meeting due to a hearing on the Daly matter in Fresno the next day. 3. City Clerk Nothing. • 6 MINUTES - ATASCADERO CITY COUNCIL - AUGUST 9 , 1982 • 4 . City Treasurer Nothing. 5. City Manager (a) Mr . Warden advised that the CHP would be holding hear- ings in San Luis Obispo County regarding transporting of hazardous materials. He asked if Council still wished a presenta- tion from P.G. & E. on this subject. Council did not. (b) Mr . Warden requested a closed session to discuss labor negotiations. He stated that it is possible that there will be an announcement at the conclusion of the meeting, but he was not certain. He invited the media to call him the next day if they did not wish to wait. The meeting adjourned to closed session at 10: 15 p.m. and returned. to regular session at 11: 30 p.m. Negotiation agreements had been reached, dependent upon Council review of the formal written Memoranda of Understanding , with the General Services , Fire Captains and Fire- fighters bargaining units. For the General Services Unit, the City will agree to pay the employee' s share of the PERS contribution; up to $38 per month of the dependent medical/dental premium; and provide $35 • a year towards the purchase of safety boots. For the Fire Captain and Firefighter units, the City will agree to pay the employee' s share of the PERS contribution and up to $68 per month of the dependent medical/dental premium. These units have agreed to salary parity with the equivalent police job classifications and to reduce their holiday shifts from 9 to 7 effective July 1, 1982 and from 7 to 5 effective June 30 , 1983. All of these units have agreed to their respective total packages not to exceed 6% cost to the City. The meeting adjourned at 11: 30 p.m. Recorded by: BARBARA NORRIS, City Clerk By: Ardith Davis Deputy City Clerk • 7 M E M O R A N D U M TO: CITY MANAGER August 17, 1982 FROM: PLANNING DIRECTOR SUBJECT: BUSINESS LICENSE APPLICATION LOCATION: 5950 El Camino Real APPLICANT: Randall Craig Nelson dba: "Kozy Kasino" REQUEST: To establish a card room with two tables. Chapter 6. 36 of the Business License ordinance requires that all card rooms be reviewed by the Police Chief and, with his recommendation, be forwarded to City Council for approval. The Police Chief has conducted a background investigation on the ap • plicant and finds no reason to disqualify the applicant from eligibil- ity to obtain a business license to operate a card room. Since this license application involves only a change of owner for an existing card room with two tables , there are no zoning requirements. RECOMMENDATION Based upon successful completion of the background investigation, the Planning Director and Police Chief recommend that the business license application for Randall Craig Nelson be approved. LAWRENCE STEVENS MU RAY _._WARDEN Planning Director C `ty M nager /ps M E M O R A N D U M TO: CITY MANAGER August 17 , 1982 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT LA 820602: 1 LOCATION: 4235 and 4255 Dolores (Ptn. Lot 5, Block CA) APPLICANT: Michael T. Wise and Richard R. Russell (Twin Cities) . REQUEST: To adjust existing lot lines to alleviate encroachment of an existing garage. On August 17, 1982 the Planning Commission considered the subject matter approving the lot line adjustment subject to Conditions 1-6 as set forth in the attached Staff Report. There was no discussion among the Commission and no one appeared. The matter was considered on the Consent Calendar . LAWRENCE STEVENS Y WARDEN Planning Director City Ma ager /Ps • 1 I� r...... • 1918 9 r! �' 1979 CITY OF ATASCADERO Planning Department August 16, 1982 STAFF REPORT SUBJECT: LOT LINE ADJUSTMENT LA 820602:1 LOCATION: 4235 & 4255 Dolores Avenue (Ptn. Lot 5, Block CA) APPLICANT: Michael T. Wise and Richard R. Russell (Twin Cities) REQUEST: To adjust existing lot lines to alleviate the conflict of an encroaching garage. BACKGROUND 1. Existing Zoning: R-1-B-3-D (506) 2. General Plan: Moderate Density Single Family Residential • 3. Environmental Determination: The, Planning Director has determined the application as presented to be a Class 5 (a) Categorical Exemp- tion according to the provisions of the California Environmental Quality Act (CEQA) 4. Site Conditions: The sites are located on Dolores near San Ansel- mo Road. The sites are presently developed with two single family residences with one on each parcel. Parcel B is steeply sloping to the middle of thelotwhere it flattens out, then it continues to slope steeply to the rear of the lot. Parcel A is steeply sloping to the rear of the lot. Parcel B is .82 acres and Parcel A is .83 acres. STAFF COMMENTS On Thursday, July 8 , 1982 the Subdivision Review Board met to review the matter with John Kennaly, applicant' s engineer . Also present were Joel Moses, Associate Planner ; Mike Hicks, Fire Chief; Patience West, Engineering Aide; Jill Kollmann and Kami Griffin, Planning Interns; and Bill Carroll, Planning Commissioner . The following items of con- cern were discussed: 1) The map should show Russell' s house, driveway, as well as othe39 improvements on both properties. Lot Line Adjustment LA 820602: 1 (Wise/Russell) • 2) Lots should be equivalent to the number of acres they presently have. 3) The illegal grading on Parcel B should be resolved before the map can be finaled. FINDINGS 1. The application as submitted has been determined to be Categori- cally Exempt from the requirements .of C.E.Q.A. 2. The application as presented conforms with the applicable subdivi- sion regulations. RECOMMENDATION Based upon the above Findings , the Planning Department recommends ap- proval of Lot Line Adjustment LA 820602:1 subject to the following conditions: • 1. The lot line adjustment as shown on the map attachment provided herein shall be submitted in a Final Map format to be approved by the Planning Department prior to recordation by the County Record- er ' s Office. 2. The adjusted property line shall provide for a five foot setback from all structures , or structures shall be altered or moved to provide said setback. 3. The proposed adjusted lot lines shall be surveyed and monuments set at new property corners prior to recordation of the Final Map. 4. The location of all improvements and easements shall be delineated on the Final Map. 5. The illegal grading on Parcel B shall be resolved before the Map is finaled. 6. Approval of this Lot Line Adjustment shall expire two years from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date. 2 Lot Line Adjustment LA 820602: 1 (Wise/Russell) ACTION The Planning Commission should direct Staff as deemed appropriate. REPORT PREPARED BY: MI GRI i" /P lanning Intern REPORT APPROVED BY: 6eipwo LAWRENCE STEVENS Planning Director /Ps • z . 1 A-1 �, \ 2_ / 10 R � ! ' 3 61 w 0 A_ Q-i-a v d 3-P .� 3 6 pp A-1 3flj) 3 r P_ a g 2-D 2-0 1✓,I -� A-1 f_ -•--.__.mss. 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Ila, T'IONI 1 I I� �, Is 1117 ��19��° 4235 �g255 DO�.ORES 33a ;t b/ $ 1 13 �1 141 ,R 1�GO11A l W ISE/RVSSF—LL n° 10 12 5 33 1/ 2 7 '1 26 ', 25 ' 23 / 3 I 15 / 6 \ 9 /28 t ,25an- 16 C 12111 �� 5 �� /32e 44 5 ff �j j IC 1 r '\ a �1 Z 1 _ NS�11� r 0 N +1 n1 V a Q �a `l x� W � ,ice i T I 1 3 1) 4 M E M O R A N D U M TO: CITY MANAGER August 17, 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 810430: 1 LOCATION: 2205 San Fernando Road (Lot 17 , Block 46) APPLICANT: Edith Hessick (Stewart) REQUEST: To extend the time allowed to complete requirements for an approved tentative map. On August 17 , 1982 the Planning Commission considered the subject matter approving the time extension as set forth in the attached Staff Report. There was no discussion among the Commission and no one appeared. The matter was considered on the Consent Calendar . p�GU'.r{itGvLc.Z LAWRENCE STEVENS MUWYWARDEN Planning Director Ci y Ma ager /ps 1 alis G C F 1979 CITY OF ATASCADERO CAD\ o% Planning Department August 16, 1982 STAFF REPORT SUBJECT: AR TENTATIVE P CEL MAP AT 810430. 1 I, LOCATION: 2205 San Fernando Road (Lot 17, Block 46) APPLICANT: Edith Hessick (Stewart) REQUEST To extend the time allowed to complete requirements for an approved tentative maps BACKGROUND 1. Existing Zoning: A-1-B-V-3-D 2. General Plan: Suburban Single Family Residential 3. Site Conditions: The subject property is generally characterized by moderately steep slopes. The vegetation on the site is pri- marily natural grasses and oak trees. The site is also charac- terized by two ridge Ines trending north-south and which divide the property into three sections. City water is available, and a fire hydrant exists on the northeasterly side of San Fernando near the northerly corner of the property. There is scattered single family housing surrounding the property. City sewer is not available. 4. Project Description: On July 13 , 1981 the City Council approved Tentative Parcel Map AT 810430: 1. The applicant is requesting a one year time extension for filing a final parcel map for a land division of 10.0 acres into three parcels of 3.55, 3. 11 and 3. 60 acres. STAFF COMMENTS On August 4, 1982, the Subdivision Review Board met to review the time extension and indicated that there was no reason not to grant the time extension. Tentative Parcel Map AT 810430: 1 (Hessick) RECOMMENDATION The Planning Department recommends approval of the time extension sub- ject to the conditions set forth at the time the project was origi- nally approved. Approval of this one year time extension shall expire on July 13, 1983. ACTION The Planning Commission should direct Staff as deemed appropriate. REPORT PREPARED BY: AMI GRI �tg Planning In • REPORT APPROVED BY: 4�W At4M LAWRENCE STEVENS Planning Director /ps • 7, 71"i 7�, FAEA 4-l' 0 10 26 15 IV 14 24 16 10 -3 ID ID 9 - 23 -2 2 8 22 20 23 OV, -21 24 18 17 25 Co 76 16 15 A 15 27, 29 2 0 2 6' 14 3 -v-5 810430-- 1 14 2205 SAmFF-RNANDO 17 LOT Iq 13LOCK 4(o 21 13 16 22 l � n iiili �M..EI.O/sus Zl 107 % V `�e� ISS F7 o \ \ W wq- �} N00 0 �� 1-..•_..�� 111 � `\ � i� JC t4 It � W 1 o L } i .•-� � � •\ 1 SSL � a j� 0r z5 N.E. \ \ lOOp efal � ; • 1 � e00 r Z Oo 5 5 945X / O t A. 40 D Yl ' L � X / \< d" 96 �. CAI �; �•'�� ( ti�� ' ' ,A � _ ^1262' -mac 'rte X70 104 30: 1 2ZOS SAN 4 FSRNANDO Rbc. LOT i'l BLOCK 4(0 1,4 �. � r M E M O R A N D U M TO: CITY MANAGER August 17 , 1982 FROM: PLANNING DIRECTOR SUBJECT: ACCEPTANCE OF PARCEL MAP AT 820309: 2 (AT 82-25) LOCATION: 7565 Sombrilla (Lot 3, Block E) APPLICANT: Z .M. and Helen Walley (Twin Cities) On May 10, 1982 the City Council approved tentative Parcel Map AT 820309 : 2 allowing division of 1. 59 acres into two 0.795 acre parcels, subject to certain conditions and in concurrence with the recommenda- tion of the Planning Commission, The zoning is R-A and the General Plan designation is High Density Single Family Residential. Staff review has determined that all con- ditions of approval have been met. On August 16, 1982 the Planning Commission reviewed the Final Map and recommended its acceptance. LAWRENCE STEVENS MURY L. RDEN Planning Director Cit Man er /Ps • 1 C/3 `fes �5 — J ��� N 6q°29'W 603 09 - N Tog°32'DO"W --4. 640 - 602. 79 �e Q> Qp <. C _111— /z �o x'03 /� �f -�oj .. :7 �� 'K 8752 _ _ t - 1. """ dd - _ _ - c� W d 0 _ - - - - _ - - .f - C 3 Y? _ = _ 0.. .. _ i 1. _ .�., / - '� _ , cinify Map �: - - �: - ro Paree/ Alw ��' parcel `� (b i ro �7 = B �` � * . I . �; 3 4. 0 73 ,4c f ; _ = �3 .w1. .� ,ti,� .V o 0 5Q� _ `� _ � _ , - tea - __ h, `v v � y /03. Z3 IDS. 7�9 /ol 1/M t� . /N�' Q D /5'08' L=7.2i P, 1 � / -*A-001,5'00 I. 7.Z/ M h1/ m1 ti 51.35 4 205.23 M .`05 4_5 'el -_ 1 . 5/.29 M /.r - _ 344.D1 N G8°/0'12" W 25G. 52 , 3.8� ,P, ..'-N.68°07' W 25Co.60 R, �0 v J0 r77 b r///a. A Ve - \Cl i. - ROBERT J.WILKINS.JR. MAYOR WILLIAM H.STOVER �� MAYOR PRO-TEMPORE & GE P. D aseadet's RJ RIE B.IMACKEY INCORPORATED JULY 2, 1979 ROLFE NELSON Awomew ADMINISTRATION BUILDING MURRAY L.WARDEN CITY MANAGER/CLERK POST OFFICE BOX 747 ATASCADERO, CALIFORNIA 93422 FIRE DEPARTMENT 6005 LEWIS AVENUE PHONE (-805) 466-8000 ATASCADERO,CA 93422 (805) 466.2141 REPORT OF THE CITY ATTORNEY For the Council Meeting of August 23, 1982 No. 21 1. REPORT OF THE LEAGUE OF CALIFORNIA. CITIES LEGAL ADVOCACY COMMITTEE The report of the League Legal Advocacy Committee of July 27, 1982 reviewed some 40 cases of significance to cities. The Committee urged city attorneys to consider joining as amici in the following first noted cases: a. Powers v. City of San Rafael This case presents the question as to the liability of the City for fire damage to private property contiguous to city-owned property. A brush fire ;swept through the city open-space property and destroyed plaintiff's home. The case is on appeal and centers on the narrow legal issue of whether the Government Code immunities from liability are applicable where, as here, the damage was caused by a fire which leapt from the city-owned, open-space property to private property. b. Shelter Creek Development Corp. v. City of Oxnard, 132 Cal. App. 3d 240 This case is now pending on petition for a hearing by the Supreme Court. The City seeks review of a lower court opinion which invalidated its ordinance regulating the conversion of apartments to stock cooperatives as applied to plaintiffs' conversion project. • The ordinance requires persons wishing to effect a conversion obtain a special use permit and establishes, among others, minimum Report of the City Attorney No. 21 - Page 2 square footage and off-street parking requirements as a condition for obtaining such a permit. (Word is just received that the Supreme Court has granted a hearing in this case.) C. People v Miller This case involves the validity of a Carmel ordinance which pro- hibits any person from sleeping in any vehicle parked upon any ' - street, alley, way, or parking area, or any privately owned parking r area used for business purposes, during nighttime hours. The ordinance is challenged as to its constitutionality as being over- broad and vague and on grounds of preemption in that it is not authorized by express provisions of the Vehicle Code and that it conflicts with Vehicle Code Section 23103 concerning vehicle driving. Unless there are objections, the City Attorney recommends that the City of Atascadero join as an amici in these cases without cost to the City. Other cases of interest called to our attention by the committee include: d. City of Camarillo v. Spadys Disposal Service The trial court has granted an injunction against defendant's non-residential solid waste removal operations in the City. The injunction was brought by the City following the adoption of an ordinance providing for the granting of exclusive rubbish collection franchises and the denial to defendant of a contract and/or permit to continue its operations within the City. e. O'Neill v. County of San Mateo and Beck v. County of San Mateo These cases involve the validity of the annexation of two separate islands into the City. The trial court upheld the annexations. f. Santa Monica Pines Ltd. v. Rent Control Board, 132 Cal. App. 3d 301 In this case the Appellate Court held that the developers had acquired a vested right to convert an apartment building to condominium prior to the effective date of the city charter rent control provisions and were therefore entitled to a vested rights exemption therefrom. REPORT OF THE CITY ATTORNEY No. 21 - Page 3 g. California Recycling Industry Association v. City of Santa Monica, et al. This action is pending in the U.S. District Court. It was brought by the trade association challenging the City's exclusive franchise system of collecting recyclable materials as violative of the federal anti- trust statutes. The matter is pending on the calendar. h. Pasadena Police Officers Association, et al. v. City of Pasadena The trial court has denied a preemptory writ of mandate challenging as unconstitutional abridgement of the employees vested pension rights a charter amendment which establishes a new formula for calcu- lating annual adjustment increases in retirement benefits. i. Rumford v. City of Berkeley, 31 Cal 3d 545 In this case the Supreme Court has held that traffic diverters • used by the City are unauthorized and illegal. j . Gaines v. Chamber of Commerce of Morro Bay, et al. In this case the Superior Court held that a Councilman of the City of Morro Bay possessed a conflict of interest as a director of the Chamber in voting on appropriations to the Chamber. The Court found he was not excused by the nonprofit rule or minor remote interests. It further found that he failed to disclose his interest on the record as required by the Government-Code. The Court, there- fore, ordered the Chamber to pay back the money illegally appropriated to it. In a further major move, the Court declared invalid a local initiative ordinance, Measure A, which limited the amount of bed tax money that could be spent for promotion purposes and established a strict procedure. The Court said that the initiative invaded a prohibited area relating to taxes, appropriations, and current expenses. k. Baker v. City of Santa Monica In this most recent ruling in the Santa Monica situation, the Court found that three of the four tests used by the Rent Control Board to determine whether to permit property to be removed from the rental market were overly restrictive and unconstitutional. The • • • REPORT OF THE CITY ATTORNEY No. 21 - Page 4 The three invalidated criteria are that a landlord proves that (1) he has no lower moderate income tenants in the building; (2) the rent is not afforable for low and moderate income tenants; and (3) removal of the property would not reduce the supply of rental housing. In a previously reported case covering the second phase, the Court validated the criteria which estab- lished regulations providing for a just and reasonable rate of return. 1. San Diego News Line v. City of San Diego, et al. This is an interesting case in which the trial court ruled that the calendar or personal reminder of the Mayor is a public record subject to disclosure, except that any items which are of a per- sonal nature, confidential, or otherwise privileged may be deleted prior to disclosure. No appeal has been taken. 2. RECENT DECISIONS OF INTEREST a. Highway Beautification Act Did Not Preempt Local Ban . The U.S.C.A. 9th has held that the Highway Beautification Act of 1965 did not preempt a local ordinance banning billboards because it did not create compensation rights enforceable by billboard owners. (National Advertising Company v. City of Ashland, U.S.C.A. 9th, May 26, 1982. ) b. No Election Required for Annexation of Small Lots The C.A. 2nd has held that when a lot less than 100 acres in size is "substantially surrounded by an annexing city and otherwise surrounded by prime agricultural land, a county may annex the part that is agricultural and then incorporate the non-agricultural land without an election. (Scurf v. Board of Supervisors of Ventura County, C.A. 2nd, July 28, 1982.) C. School District Must Yield Executive Session Minutes The U.S.C.A. 9th has ordered a school district to produce minutes of the executive session meetings of its governing board for inspection by the U.S. Department of Education. (U.S. v. Phoenix Union High School District, U.S.C.A. 9th, July 23, 1982. ) (NOTE: I am of the opinion that it is unwise for the Council to re- quire completion of minutes of closed session meetings of the governing board.) • REPORT OF THE CITY ATTORNEY No. 21 - Page 5 d. Increased Sewerage Fee Loses as It Is Not Adopted by Ordinance The C.A. 2nd has held that a city does not have the authority, under its police power, to increase sewerage fees charged to a developer by adoption of a City Council resolution in view of the fact that Health and Safety Code Section 5471 requires such an action to be done by ordinance. (Pinewood Investors v. City of Oxnard, C.A. 2nd, July 20, 1982.) e. Ordinance Authorizing Mail Elections Unconstitutional The C.A. 4th has held that a city-wide election conducted solely by mail ballot violates the constitutional requirement that all voting be secret. (Peterson v. City of San Diego, C.A. 4th, July 20, 1982. ) f. Denial of Liquor License in High Crime Area Upheld • The C.A. 2nd has upheld denial of an off-sale beer and wine license on the ground that it would add to an undue concentration of licenses in an unincorporated area with a high crime reporting area. (Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board, C.A. 2nd, July 14, 1982. ) g. Owner's Acquiescence to Road Use Was Implied Dedication The C.A. 4th has held that public use of a road and implied acceptance of the road by the county without objection from the owner supported a finding of implied dedication. (Brumbaugh v. County of Imperial, C.A. 4th, June 29, 1982.) h. Vacation Pay Vests as Services Are Rendered Although a private business case rather than a public law case, nevertheless the California Supreme Court has held that employers must pay their employees a pro rata share of their vacation pay upon termination. The Court held that the employee was entitled to a pro rata share of his vacation pay because "vacation pay is simply a form of deferred compensation" which vests "as the labor is rendered". (Suastez v. Plastic Dress-Up Co. , Cal.Sup.Ct., July 1, 1982.) • m REPORT OF THE CITY ATTORNEY • No. 21 - Page 6 i. Court Validates Local Drug Paraphernalia Measure The C.A. 2nd has upheld a local Santa Barbara County ordinance regulating the manufacture and advertising of drug paraphernalia. (Bamboo Brothers v. Carpenter, C.A. 2nd, June 28, 1982.) j . City Tax Imposed on Public Utility 'Was Constitutional The C.A. lst has upheld the constitutionality of a local business ordinance as applied to a public utility company. The City of Livermore imposes one of three types of taxes on all businesses located in the city: gross receipts tax, a flat rate tax, and a gross expense tax. The gross receipts tax is imposed on a variety of fixed location businesses, including utility companies, grocery stores, and car dealers. The Court found that the tax was not discriminatory and had not been unconstitutionally applied. (City of Livermore v. Pacific Gas and Electric Co. , C.A. 1st, June 26, 1982.) k. Police Officer Entitled to Appeal Disciplinary Transfer • The California Supreme Court has held that reassignment of a police officer to a lower paying position is per se disciplinary and entitles him to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act. (White v. County of Sacramento, Cal.Sup.Ct. , June 21, 1982.) 1. Cities Barred from Suing for Malicious Prosecution The California Supreme Court has held that governmental agencies may not bring suits for malicious prosecution against those who have previously sued the entity without success. (City of Long Beach v. Bozek, Cal.Sup.Ct. , June 1, 1982.) m • REPORT OF THE CITY ATTORNEY No. 21 - Page 7 3. PENDING LITIGATION a. City of Atascadero v. Kathleen E. Daly, et al. , 5th Civ. No. 5633 The case was argued before the Fifth District Court of Appeal in Fresno on August 10, 1982. b. Atascadero Police Officers Association, et al. V. City of Atascadero, et al. No. 56548 Hearing on the Writ of Mandamus is presently set for Monday, August 30, 1982 at 1:30 p.m. in Department I of the Superior Court in San Luis Obispo. 4. PROSECUTIONS a. People v. Don Brimage • This is a pending prosecution for violation of zoning regulations in the Building Code for the premises at 8900 La Linia. The matter has been continued to August 27, 1982 in the Municipal Court in Paso Robles for arraignment. Defendant is represented by Attorney James Ashe. b. People v. Richard R. Russell Defendan has entered a plea of guilty, and sentencing has been delayed ntil August 27, 1982. a fully su m'tted, ALLEN GRIMES City Attorney AG:f r R ORDINANCE NO. 57 AN ORDINANCE AMENDING ORDINANCE NO. 19 WHICH ESTABLISHED COUNCIL PROCEDURES The Atascadero City Council ordains as follows: Section 1. The first paragraph of Section 2-1.02, Agenda, of the Atascadero Municipal Code is amended to read ag follows: o - Section 2 1. 02. Agenda. Requests for items to a ear on the Council agenda shall be pre- sented to the City Manager s°no later than 5: OO p.m. on the Tuesday pre- ceding the day of the Council meeting. The City Manager shall prepare the agenda of all such matters and cause a copy of such agenda to be made available to each Councilmember, the City Manager , the City At torney, City Clerk, City Treasurer, and each Department Head by 5: OO p.m. on the Thursday preceding the Council meeting. The agenda shall be available to the public in the office of the City Clerk no later than 12: 00 noon on the Friday preceding the Council meeting. In the event that regular Council meetings are held on a day other than Monday because of holidays or other reasons, then the agenda schedule Shall be adjusted accordingly. Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in -the Atasca- dero News , a newspaper of general circulation, printed, published and circulated in this City in accordance with Section 36933 of the Gov- ernment Code; shall certify the adoption of this ordinance; and shall cause this ordinance and its 'certification to be entered in the Book of Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the thirty-first (31st) day after passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT: ROLFE NELSON, Mayor f"5 Ordinance No. 57 - Ordinance amending Ordinance No. 19 ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORMS ALLEN LE GRIMES , City Attorney APPROVED AS TO CONTENT: MU Y WARDEN, City Manager r► 2 • M E M O RAN D U M TO: City Council FROM: City Manager SUBJECT: Atascadero County Sanitation District Budget, Fiscal Year 1982-83 The attached Sanitation District Budget is one which has been developed by the County Engineering Department. Because of the County' s internal procedures, we were unable to construct a budg- et similar to that of the City. We have attempted to break down the various items to specifics, but have been unable to do so because of the County' s procedures. However , we will be receiv- ing more detailed after the fact reports as the year progresses. As you will recall, our arrangementswith the County and Farmers Home Administration call for the County to continue responsibili- ty for Staff support of Sanitation District activities. Should you have any specific questions with regard to the this budget, I shall try to answer them for you. • Recommend your adoption of Resolution No. 43-82 approving the 1982-83 Fiscal Year Budget for the Atascadero County Sanitation District. l�fit'ii RAY . WARDEN MLW:ad 8-19-82 RESOLUTION NO. 43-82 . RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT BOARD OF DIRECTORS APPROVING THE BUDGET FOR THE 1982-83 FISCAL YEAR AND APPROPRIATING FUNDS THEREFOR BE IT RESOLVED by the Atascadero County Sanitation District Board of Directors as follows: Section 1. Pursuant to the provisions of Section 37208 of the Government Code, that certain document entitled "Final Budget for the - Atascadero County Sanitation District for the Fiscal Year 1982-83 , dated August 23, 1982, on file in the office of the City of Atascadero Finance Director , is hereby approved as the final budget for the Atas- cadero County Sanitation District for the fiscal year 1982-83 to the extent of the totals set forth for each function in the Enterprise_ Fund and . totals set forth for each capital expenditure and such shallII constitute a preaudited register of demands . Section 2. The District Manager , upon recommendation of the Finance Director , may transfer funds within, but not between, each of the functional appropriations of the Enterprise Funds as required to achieve the purpose of, this function. Section 3. The Board, from time to time, by motion, may approve and authorize the payment of non-budgeted demands from appropriated funds; and may appropriate funds for budgeted or non-budgeted items , and any such appropriation for a non-budgeted item shall_ constitute an approval to issue a warrant in payment of a property demand or demands therefor . Section 4. This resolution shall become effective and in full force immediately upon its passage. On motion by Director and seconded by Director the foregoing resolution is hereby adopted in its en- tirety on the follow vote: AYES: NOES: ABSENT:' ADOPTED: ROLFE NELSON, President Resolution No. 8*ATCSD Budget • ATTEST: MURRAY L. WARDEN, Secretary APPROVED AS TO F RM: ALLEN GRIMES , District Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN, District Manager • • 2 L_ i • M E M 0 RAN D U M TO: City Council FROM: City Manager SUBJECT: Amendment to Agreement with Engineering-Science The attached memo from Mr . McPherson recommends approving an amendment to the Engineering-Science .contract for construction of the new sewer plant. The revisions require District approval and will go to the Farmers Home Administration for its final approv— al. If approved by FmHA, costs will be grant fundable. The re- visions are a result of the delays in starting construction due to our trying to resolve the grant problems. This has. resulted • in the increased labor costs. Engineering-Science has been work— ing with orking" with the County on this project prior to Council assuming District responsibility. Your approval is recommended. or U Y L. ARDEN 47 MLW:ad 8-19-82 M E M O R A N D U M • TO: Murray , FROM: Larry McPherson SUBJECT Amendment to A/E Agreement - Atascadero Wastewater Reclamation Project Recommendation: It is recommended that the Board approve the contract services agreement with Engineering-Science for professional services concerning the design, inspection and training for the new wastewater reclamation plant. Background: This agreement covers the ongoing participation of Engineering-Science, 125 West Huntington Drive, Arcadia, California for architect-engineering services in connection with technical support provided during the construction and, startup of the operating phases. • The cover letter from Engineering-Science gives specific detail of the items provided in the agreement. The -following items are addressed in the agreement: 1) Basic Services, The Construction Phase - Maximum Cost - $38,998. This covers all design, material submittal review, and inspection services during the construction period. This work is suppl46ental to the services provided by County staff. This section of the agreement is a revision of the original service contract taking into account the increase in labor rates between the original project start-up date of January,1981 and the actual date of July, 1982. 2) Final Operation & Maintenance Manual - Maximum Cost $8,557. This covers the cost to develop and produce a plant operating manual for the new treatment plant • � � Amendment to Agree page two f 3) Start-Up Program - Maximum Cost $15,309. This phase provides for starting up, operation, and personnel training during the initial period of plant operation. All of the above items have been reviewed by County Staff. These suppl-ments to the original contract agreement have been submitted to the State for their approval and when approved will be grant fundable. The contract agreement will be transmitted to FmHA for their approval upon execution by the Board. L ENCE McPHERSON LM:vh 8-17-82 cc: Cit Attorney y . a ENGINEERING-SCIENCE � 125 WEST HUNTINGTON DRIVE • P. O. BOX 538 • ARCADIA, CALIFORNIA 91006 • 2131445-7560 CABLE ADDRESS:ENGINSCI TELEX:67-5428 Z y 13 July 1982 1108? COUNTY �NG1�1c`i-;I a DE Ar: ! �,r1I`N� i ES 9518.00 County Engineering Department County of San Luis Obispo Room 101 , Courthouse Annex San Luis Obispo, California 93408 Attention: Mr. Jim Jonte, Project Coordinator Subject: Atascadero WRP, Project C-06-1324 Revised 5700 Forms for Step 3 Gentlemen: We herewith transmit revised 5700 Forms for your approval and • submittal to the SWRCB as follows: Contract Administration Final Operation and Maintenance Manual Start-up and Operator Training The estimated project costs have been updated as previously discus- sed to reflect the increase in costs from the anticipated construction start date of 1 January 1981 to the actual construction start date of about 1 July 1982. The hours shown on the 5700 Forms are exactly the. same as those which were previously approved in the Amendment to our Agreement dated 17 November 1980. The estimated average labor rates reflect a 14 percent increase from the 17 November 1980 basis. This is based on a 10 percent increase in calendar year 1981 and a 4 percent increase in the first 6 months of 1982. As was previously the case, the labor rates and basis for other direct costs are- higher than the contract administration rates for the two activities which occur at the end of construction. We are also proposing (for your approval) a 9 percent contingency be added to the contract administration activity to allow for any unforseen tasks or desired changes in, the scope of work. As agreed, the Contract Administration scope of work for which Engineering-Science is responsible is to include all process mechanical and piping, heating, ventilating, air conditioning and plumbing, elec- trical and instrumentation. Basic contract administration services will OFFICES IN PPINCIPAL CITIES _iENCE ,,ty of San Lui*bispo j July 1982 Page 2 i be provided as described in ASCE manual No. 45 including shop drawing reviews. The County is to provide shop drawing review for all architec- M, tural, structural, and general civil submittals. It is understood that full time on-site inspection and progress payment determinations will be handled by the County. A record of the actual construction is to be kept by the contractor with final drafting of record drawing changes to be performed by the County. l ; Regarding the Start-up and training service proposed to be provided by Engineering-Science, we understand the SWRCB is questioning the level of service to be funded. The revised 5700 Form submitted herewith is simply an update of the estimate included in our amended agreement. As requested by your letter of 8 July 1982, `in later direct correspondence with the SWRCB we will review the scope of services to be provided. Sincerely, Richard W. Bentwood Project Manager ! i • RWB/ct a Enclosures Y cc: Stan Saude, SLO i �l 1 AGREEMENT • THIS AGREEMENT, made and entered into this 3rd day of August, 1982, by and between the ATASCADERO COUNTY SANITATION DISTRICT (hereinafter sometimes referred to as "DISTRICT") , and ENGINEERING-SCIENCE, INC. , a California Corporation of Arcadia, California (hereinafter sometimes re- ferred to as "ES") ; WITNESSETH WHEREAS, DISTRICT, by AGREEMENT dated the 22nd day of May, 1978 (hereinafter referred to as "ORIGINAL AGREEMENT") , did engage ES to design and aid in the construction of new wastewater treatment facilities (here- inafter referred to as "PROJECT") ; and WHEREAS, DISTRICT and ES, by AGREEMENT dated the 17th day of November, 1980 (hereinafter referred to as "SECOND AGREEMENT") , did modify certain elements of that design to reduce construction costs to fundable limits, • and provided for certain required services omitted from said ORIGINAL AGREE- MENT: E- MENT: and WHEREAS, it is now desirable to update A/E labor rates for the con- struction phase (Step 3) of said SECOND AGREEMENT to reflect the actual rather than the anticipated construction start date; and WHEREAS, said labor rate updating may best be provided for by amend- ment to said SECOND AGREEMENT. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the ATASCADERO COUNTY SANITATION DISTRICT AND ENGINEERING-SCIENCE, Inc. that said SECOND AGREEMENT be and hereby is amended as follows: • 1. Amend Section 12 to read as follows: . 12. Amend SECTION IV: C. 3. to read as follows: 3. Basic Services, The Construction Phase. A breakdown of the estimated maximum level of effort and personnel for the Construction Phase Services as described in SECTION ll:A. is presented on EPA Form 5700-41, dated 12 July 1982, attached hereto and incorporated herein by this reference. Individual work items under the Construction Phase Service authorized by the District will include a limitation on the maximum cost. The cost estimates and limitations for all work under the Construction Phase are as follows: (a) Total Estimated Cost. The Total Estimated Cost is $31,129. (b) Fixed Fee. The Fixed Fee is $4,669 (c) Contingency Allowance.The Contingency Allowance is set at • $3,200. (d) Total Price Ceiling. The Total Price Ceiling including Fixed Fee may not exceed $38,998 without express prior written authorization of DISTRICT and FmHA. 2. Amend Section 16 to read as follows: 16. Amend SECTION IV: C. 6. to read as follows: 6. Final Operation and Maintenance Manual. A breakdown of the level of effort and personnel for the Final Operation and Maintenance Manual Services as described in SECTION 11. C. is pre- sented on EPA Form 5700-41, dated 12 July 1982, attached hereto and in- corporated herein by this reference. The cost limitations are as follows: (a) Total Estimated Cost. The Total Estimated Cost is $6,832. 2 (b) Fixed Fee. The Fixed Fee is $1,025. • (c) Total Estimated Price. The Total Estimated Price is $7,857. (d) Contingency Allowance. The Contingency Allowance is set at $700. (e) Total Price Ceiling. The Total Price Ceiling including Fixed Fee may not exceed $8,557 without express prior written authorization of DISTRICT and FmHA. 3. Amend Section 17 to read as follows: 17. Add SECTION IV. C. 7. as follows: 7. Start-Up Program. A breakdown of the level of effort and personnel for the Start-Up Program Services as described in SECTION II: D. is presented on EPA Form 5700-41, dated 12 July 1982, attached • hereto and incorporated herein by this reference. The cost limitations are as follows: (a) Total Estimated Cost. The Total Estimated Cost is $12,443. (b) Fixed Fee. The Fixed Fee is $1,866. (c) Total Estimated Price. The Total Estimated Price is $14,309. (d) Contingency Allowance. The Contingency Allowance is set at $1,000. (e) Total Price Ceiling. The Total Price Ceiling including Fixed Fee may not exceed $15,309 without express prior written authorization of DISTRICT and FmHA 3 • IT IS FURTHER MUTUALLY AGREED by and between DISTRICT and ES that all terms and provisions of said ORIGINAL AGREEMENT and said SECOND AGREEMENT not specifically amended herein are, and shall remain, in full force and effect. THIS AGREEMENT shall be effective on and from the day and year first above written. IN IdITNESS IMEREOF, DISTRICT and ES have executed this AGREEMENT on the day and year first hereinabove set forth. ATTEST: ATASCADERO COUNTY SANITATION DISTRICT By MURRAY L. WARDEN, Secretary ROLFE NELSON, president APPROVED AS TO FORA AND • LEGAL EFFECT ENGINEERING-SCIENCE, INC. '1 City Attorney and Attorney for District Gordon Magnuson, Vi e President APPROVED: FARMERS HOME ADMINISTRATION By 4 AGENDA - ATASCADERO CITY COUNCIL . Regular Meeting atols A cad milA6no"Building Call to Order Pledge of Allegiance Invocation Roll Call Public Comment City Council Comments RESOLUTION NO. 37-82 OF APPRECIATION FOR GEORGE P. HIGHLAND, CITY COUNCILMAN, JULY 2, 1979 TO JULY 28 , .1982 A. CONSENT CALENDAR ' NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar , are considered to be routine and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If dis- cussion is required, that item will be removed from the Consent Calen- dar and will be considered separately. Vote may be by roll call. . 1. Minutes of the special meeting of July 26, 1982 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of July 26, 1982 (RECOMMEND APPROVAL) 3. Treasurer ' s Report, 7-1-82 to 7-31-82 (RECOMMEND APPROVAL) 4. Finance Director ' s Report, 7-1-82 to 7-31-82 (RECOMMEND - AP- PROVAL) 5. Authorize transfer of $1,984 . 62 from Contingency Reserve to pay for fire suppression costs from the State of California (RECOMMEND APPROVAL) 6. Resolution No. 38-82 authorizing participation in the Federal Surplus Property Program (RECOMMEND ADOPTION) 7. Resolution No. 39-82 appoint the Director of Public Works as the responsible public official in matters involving water rights (RECOMMEND APPROVAL) B. HEARINGS , APPEARANCES AND REPORTS 1. Public hearing on weed abatement charges, consideration of Resolution No. 40-82 confirming the costs of weed abatement • AGENDA - ATASCADER00ITY COUNCIL - AUGUST 9 , A B. HEARINGS , APPEARANCE AND REPORTS (cont. ) 2. Public hearing on 1982-83 Final Budget and Revenue Sharin* allocations, consideration of Resolution No. 41-82 approving the Budget for the 1982-83 Fiscal, Year and appropriating funds therefor 3. Public hearing on appeal of Planning Commission decision, Tentative Parcel Map AT 811203: 1, 11705 El Camino Real, Ed- ward and Judy Young , to allow resubdivision of two existing parcels totaling 7. 5 acres into three parcels of 2. 5 acres each C. UNFINISHED BUSINESS 1. None D. NEW BUSINESS 1. Ordinance No. 57 amending Ordinance No. 19 which established Council procedures 2. Consideration of rate increase and agreement for garbage col- lection and ;disposal service Wil-Mar Disposal Company 3. Agreement with Community Transit Services, Inc. for Fiscal Year 1982-83 E. ATASCADERO COUNTY SANITATION DISTRICT BUSINESS 1. Appearance of Wallace Dunn requesting a "will serve letter from the Sanitation District F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council _2. City Attorney 3. City Clerk 4. City Treasurer 5. City Manager Note: The City Council will hold a closed session after the regular meeting to discuss employee negotiations. 2 RESOLUTION NO. 37-82 RESOLUTION OF APPRECIATION FOR GEORGE P. HIGHLAND, CITY COUNCILMAN JULY 2, 1979 TO JULY 28 , 1982 WHEREAS, Councilman George P. Highland was elected as one of Atascadero' s first Councilmembers upon the City' s incorporation; and WHEREAS , Councilman Highland, during his term in office, has ac- tively and forthrightly represented all citizens of the City by his demonstrated commitment to the highest standards of representative government; and WHEREAS , he has served his community by being on the Atascadero Advisory Committee, acted as Chairman of the General Plan Subcommittee which produced a General Plan for Atascadero, and served on the Sewer Bond Committee to finance expansion of the sanitation plant to meet the needs of the Atascadero County Sanitation District and, through such service, he has acted on behalf of all citizens of Atascadero; and WHEREAS, the City and citizens of Atascadero wish to express their thanks to Councilman Highland for his unselfish dedication to the functioning of the City and community of Atascadero. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby express its acknowledgement to Councilman High- land for a job well done as a member of Atascadero' s first City Coun- cil and as a person involved in community affairs. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: ROLFE NELSON, Mayor ATTEST: BARBARA NORRIS, City Clerk Resolution No. 37-SOL George P. Highland APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: U RAY 'WARDEN, City Manag r 2 I� MINUTES - A TASCADERO CITY COUNCIL Special Meeting July 26, 1982 7:00 p.m. Atascadero Administration Building The meeting was called to order by Mayor Nelson and 7: 00 p.m. PRESENT: Councilmen Mackey, Molina, Stover , Wilkins, and Mayor Nelson ABSENT: None Mayor Nelson stated that the meeting had been called for the pur- pose of interviewing applicants for the open positions on the Parks and Recreation Advisory Board. Council interviewedJim Porter , Kim Rizzuto and Owen Smith. Council discussed the applicants interviewed and voted for their selections. It was noted that in addition to the applicants interviewed this evening, those on the ballot would be John Harris, Sylvia Murphy and Gayle Pierce who were inteviewed at the last Council meeting and Ruth Doser , incumbent applicant. Council selected Ruth Doser , Jim Porter and Owen Smith to fill the open positions on the Parks and Recreation Advisory Board for four year terms. The meeting adjourned at 7: 28 p.m. Recorded by: BARBARA NORRIS , City Clerk By: Ardith Davis Deputy City Clerk r • • II MINUTES - ATASCADERO CITY COUNCIL Regular Meeting July 26 , 1982 7: 30 p.m. Atascadero Administration Building The meeting was called to order at 7: 30 p.m. by Mayor Nelson with the Pledge of Allegiance. Lee Cunningham from the Covenant Presby- terian Church gave the invocation. ROLL CALL PRESENT: Councilmen Mackey, Molina, Stover , Wilkins and Mayor Nelson ABSENT: None PUBLIC COMMENT None CITY COUNCIL COMMENTS (a) Councilman Mackey stated that the Clean Up Week was very success,+f,61 * ' °� (b) Councilman Nelson introduced the newly elected officials and Staff. PRESENTATION OF CERTIFICATE OF APPRECIATION TO ELLIOTT STEPHENSON Mayor Nelson presented a Certificate of Appreciation to Elliott Stephenson for his work on the Atascadero Lake bridge and also thanked him for his service on the Parks and Recreation Advisory Board. A. CONSENT CALENDAR 1. Minutes of the special meeting of July 12, 1982 (RECOMMEND APPROVAL) 2. Minutes of the regular meeting of July 12, 1982 (RECOMMEND APPROVAL) 3. Minutes of the adjourned regular meeting of July 13, 1982 (RECOMMEND APPROVAL) 4. Acceptance of Lot Line Adjustment LA 820122: 1, 9400 Carmelita Doug Filipponi (Stewart) (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 5. Acceptance of Parcel Map AT 810910: 1, 8870 San Gabriel Road, Catherine Davis-Lewis (Twin Cities Engineering) (RECOMMEND is APPROVAL OF PLANNING COMMISSION RECOMMENDATION) MINUTES - ATASCADERO CITY COUNCIL - JULY 26, 1982 Mayor Nelson reviwed the items on the Consent Calendar . Mr . Warden stated that there is a correction to the Minutes of July 12� 1982 regarding Parks and Recreation Advisory Board interviews. The correction should indicate that Mr . Graham withdrew his name from con- sideration during the interviews. MOTION: , Councilman Stover moved for the approval of the Consent Cal- endar with the correction to the minutes. The motion was seconded by Councilman Mackey and unanimously carried. B. HEARINGS , APPEARANCES AND REPORTS -1. Public hearing on appeal of Planning Commission decision, Conditional Use Permit U820521: 1, 9240 Atascadero Avenue, Church of Jesus Christ of Latter Day Saints, to allow a 26,432 square foot church, including a 350 seat chapel, a 5,400 square foot cultural hall, and accessory meeting rooms Larry Stevens reviewed this application and its hearing before the P-lanning Commission. The Planning Commission had denied the request on a 4-3 vote based on Findings contained in .a memo dated July 6, ; 1982. Thosefindings' include concerns regarding traffic in the resi- dential neighborhood, drainage problems, size of the proposed facili- ty, and compatibility with surrounding uses. Councilman Molina stated that he =1vesk1freepbldis from the ro- posed project, however , on_ consultatiowith the City Attorney, h* does not feel that he has a conflict of interest and will vote on the project. Mayor Nelson opened the matter to public hearing stating that each side would ;have an initial fifteen minutes to make their presentation to Council After that comments _heard from the general public would be limited to five minutes. At the conclusion of the hearing, each of the sides would be given an opportunity for summation. Roger Keep, representing the Church of Jesus Christ of Latter Day Saints, the applicant, made a presentation on behalf of the Church. He addressed the various concerns expressed by the Planning Commission in their denial and the measures taken by the Church to mitigate those concerns. He reviewed usage of the Church. Michael Brown, a resident in the area, spoke on behalf of the property owners in the area of the proposed Church. She stated that the streets in the area will not be able to handle the additional traffic created by this use. She also commented on the size of the building which is in excess of 26,000 square feet and compared it to other churches in Atascadero. Comments in opposition to the project were heard from Robert Cheung, Jack Bray, Rick Ford, Bertha Ward, Terry Carnes , Charles Jano lis, Eugene English, Robert Tatreau, Amelia Janolis, Barbara Kirkman Clara Clara Cheung, Dennis Lowridge, Hank Adams, and Carl Brown. .2 MINUTES - ATASCADERO CITY COUNCIL - JULY 26, 1982 Those speaking in support of the project were Kevin McCrary, Tom Goff , Buzz Johnson, Sue McCrary, Lee Monson, Hugh Hubbard, Russell Mattice, Larry Kesselman, Gary Thompson and Richard Andreas. Comments were also heard from Helen Crewe. Councilman Molina asked Mr . Keep if, after hearing the testimony presented, he still insisted on this proposed location. Mr . Keep said that he did. Councilmembers discussed the project with the general consensus that this was too intense a use for the neighborhood and the size of the structure would be incompatible with the residences in the area. MOTION: Councilman Mackey moved that the appeal be denied based on the Planning Commission' s findings. The motion was seconded by Councilman Molina and unanimously carried. RECESS 10: 02 p.m. RECONVENED 10:12 p.m. C. UNFINISHED BUSINESS 1. Council consideration of Fiscal Year 1982-83 Budget Mr . Warden stated that there were two changes necessary in the Fire Department budget. One is to add $500 to provide meals for fire- fighters during emergencies and the other is to add $3,000 to pay for air and ground support in fighting wildlife fires. The other item for consideration is the City Clerk' s budget. Mr . Warden had presented several options with regard to Mrs. Norris' personnel request. Mrs. Norris stated that she had not seen the budg- et before today and it was not the same budget she had presented to the City Manager . Mayor Nelson stated that at the study session Coun- cil had decided not to fund a Deputy at this time, but to give the Clerk time to see what the duties of the position are. He feels Coun- cil should establish a committee to review the situation. Councilmen Stover and Wilkins were not in favor of a committee; they felt that the recommended budget for the City Clerk should be adopted. Council- men Mackey, Molina and Mayor Nelson were in favor of the committee. Mayor Nelson appointed Councilman Molina chairman of the committee and Councilman Mackey, Mr . Warden and Mrs. Norris to be on the committee and report back at the next meeting. In the meantime, the budget would remain as recommended. Mayor Nelson brought up the matter of funding Self-Help Housing in the amount of $4, 000. Councilmembers were generally in favor of funding this agency. Councilman Molina suggested that the $4,000 come from the Chamber budget, however , other Councilmembers did not agree. Council also agreed to fund Hospice in the amount of $250. Councilmembers discussed the additional personnel requested by Department Heads , i .e. , one Maintenance Worker I in the Public Works Department, Streets; one Recreation Supervisor; one. Police Officer and one Plan Check Engineer in the Planning Department. Department Heads 3 MINUTES - ATASCADER•O CITY COUNCIL - JULY 26, 1982 were questioned regarding their requests. Mayor Nelson stated that he was willing to go along with the requests now, however , would have t, look hard at any new requests increasing personnel. Councilman Molina was not in favor of hiring any new personnel and putting the amount budgeted for them towards a police facility. Mr . Warden stated that on line 30 , page 56 of the budget, the amount for the Public Works Superintendent should be $23,702.. MOTION: Councilman Wilkins moved for approval of the items discussed and that Staff bring back the enabling resolution and final budget. The motion was seconded by Councilman Stover and carried with Councilman Molina voting no. Mr . Warden stated that Resolution No. 30-82 adopted the interim budget and set Au ust 1, 1982 as the date when all negotiations would have to be comp`nte in order to apply retroactivity. The negotiation process would be taking a longer time, so Mr . Warden requested that that date be extended to August 23, 1982. MOTION: Councilman Wilkins moved that Council extend the date of retroactivity to August 23, 1982. The motion was seconded by Councilman Mackey and unanimously carried. 2. Consideration of award of contract for park design consultant and funding for same Mr . Warden explained that the park consultant selection committee had interviewed five firms and were recommending contracting with Takata Associates for a fee of $14,000. Also, it will be necessary for Council to approve the expenditure of $14 ,000; $10 , 500 from the General Fund and $3 ,500 from grant funds. MOTION: Councilman Mackey moved that Council award the contract to Takata Associates and authorize the expenditure of $10, 500 from the General Fund and $3,500 from grant funds. The mo- tion was seconded by Councilman Wilkins and unanimously car- ried by roll call vote. D. NEW BUSINESS 1. Payment of Fiscal Year 1981-82 holiday pay, Fire Department Mr . Warden requested that Council authorize the payment of $7 ,276 . 43 in holiday pay for the Fire Department. The money for this expenditure is available through the Department' s salary budget. MOTION: Councilman Molina moved that Council authorize the payment of $7 ,276. 43 to payoff Fire Department holiday pay. The mo- tion was seconded by Councilman Stover and unanimously car- ried by roll call vote. 4 MINUTES - ATASCADERO CITY COUNCIL - JULY 26, 1982 2. Request CHP to hold hearings in San Luis Obispo County con- cerning highway transportation of hazardous wastes Paul Rose spoke in favor of the Council requesting the CHP to hold hearings in San Luis Obispo County. John Sumner , P. G. & E. Engineer , spoke in opposition to this proposal and requested that Council re- ceive further information on the subject before making such a request. Council agreed and directed the City Manager to obtain more informa- tion on this subject for Council. Councilman Mackey was in favor of requesting hearings to be held in San Luis Obispo County now. E. ATASCADERO COUNTY SANIATION DISTRICT BUSINESS MOTION: Councilman Wilkins moved that ' the Council recess and recon- vene as the Atascadero County Sanitation District Board of Directors. The motion was seconded by Councilman Stover and unanimously carried. 1. Public hearing on assessment for delinquent sewer service charges President Nelson asked if the public had any comments regarding the sewer service charges. Doug Lewis asked what the City would do if the individuals did not pay their charge, since a previous ordinance stated that the service could be discontinued for non-payment. Mr . Warden explained that the proposed charges would go on property tax bills and collected in that manner. 2. Resolution No. 36-82 adopting delinquent service charges to be added to the 1982-83 property tax bill Mr . Warden stated that Council was in receipt of a corrected Ex- hibit A which is a list of the charges. The new total is $11,966.85. MOTION: Director Stover moved for the approval of Resolution No. 36-82. The motion was seconded by Director Molina and unanimously carried by roll call vote. MOTION: Director Wilkins moved that Council adjourn as the Board of Directors and reconvene as City Council. The motion was seconded by Director Mackey and unanimously carried. F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City, Council (a) Councilman Wilkins reminded Council of the League of California Cities Channel Counties Division meeting on August 6th and 7th in Vandenberg. Council authorized Department Heads , the City Clerk and City Treasurer to attend. (b) Council discussed holding another study session, how- ever , could not arrive at a mutually convenient date. They decided to consider a date at the next Council meeting. 5 MINUTES - ATASCADERPICITY COUNCIL - JULY 26 1982 2. City Attorney Mr . Grimes had nothing. 3. City Manager (a) Mr . Warden stated that the Lions Club is donating a par- ty size barbecue pit to the Atascadero Lake Park. (b) Mr . Warden stated that the Atascadero News had done a great job in publishing the recently adopted Sanitation Ordinance. The layout it similar to what will be done with the Zoning Ordinance once it is adopted. It allows for the City to hand out copies to the public. (c) Mr . Warden requested a closed session. He did not anti- cipate that there would be any announcements at the con- clusion of the meeting . The meeting adjourned to closed session at 11: 30 p.m. and returned to regular session at p.m. at which time Council adjourned. Recorded by: BARBARA NORRIS , City Clerk By: Ardith Davis Deputy City Clerk 6 CITY OF ATASCACERO TREASURER'S REPORT JULY 1,1982 TO JULY 31, 1982 RECEIPTS --- TAXES Sales & Use 68 ,250 .00 Motor Vehicle "In Lieu" 23, 307. 33 Cigarette Tax 5,069 . 56 Atascadero Sanitary Closeout 42,349. 19 Occupancy Tax 107.10 Off-Highway Vehicles 131.03 LICENSES/PERMITS/FEES 10,915.78 GAS TAX 18,553. 47 TRAFFIC SAFETY -0- RECREATION FEES 4,979.25 RETURNED FROM LOCAL AGENCY INVESTMENT FUND AND MATURED TIME DEPOSITS 100,000 .00 INTEREST ON INVESTMENTS 1,820.82 TRANSPORTATION SB-325 791.00 ` • REVENUE SHARING 33,000 .00 GRANTS -0- PRIOR YEAR Property Taxes 14,024. 30 Motor Vehicle 3,471.04 SB325 46,474. 00 Interest on Investments 5,738.66 Reimbursement Grants 6,749. 44 Reimbursement Sacramento Trip 350.34 Rents/Concessions 681.65 Dial-A-Ride Bus Park/Turnaround 4,986. 50 MISCELLANEOUS Fines 145.00 Rents/Concessions 1,576. 28 Rebates 51. 14 Sale Maps/Publications/Reports 167.85 Special Police Services 27 . 00 Miscellaneous 3, 233. 20 TOTAL $ 396,950.93 1 • • ! CITY OF ATASCADERO TREASURER'S REPORT , JULY 1, 1982 TO JULY 31, 1982 INVESTMENTS LOCAL AGENCY INVESTMENT FUND 145,000.00 TIME DEPOSIT, SECURITY PACIFIC BANK 14.00% Interest, Matures 08/09/82 100,000.00 TIME DEPOSIT, SECURITY PACIFIC BANK 13.75% Interest, Matures 08/09/82 100,000.00 TIME DEPOSIT, BANK OF AMERICA 13. 00% Interest, Matures 08/16/82 100,000 .00 TIME DEPOSIT, MID-STATE BANK 14. 00% Interest, Matures 08/23/82 100,000. 00` TIME DEPOSIT, FIDELITY SAVINGS 14.875% Interest, Matures 09/13/82 100,000.00 TIME DEPOSIT, MID-STATE 'BANK 13.75% Interest, Matures 10/12/82 100,000.00 TIME DEPOSIT, CENTURY FEDERAL SAVINGS • 18. 25% Interest, Matures 11/18/82 100,000.00 TIME DEPOSIT, SECURITY PACIFIC BANK 14.00% Interest, Matures 12/12/82 100,000.00 TIME DEPOSIT, MID-STATE BANK 14. 60% Interest, Matures 12/20/82 100 ,000.00 TIME DEPOSIT, BANK OF AMERICA 13. 25% Interest, Matures 01/10/83 100,000.00 TIME DEPOSIT, SANTA BARBARA SAVINGS 15.00% Interest, Matures 01/10/82 100,000. 00 TOTAL INVESTMENT DEPOSITS $1,245,000.00 Steven M. Ri to, Treasurer 2 t CITY OF ATASCADERO FINANCE DIRECTOR' S REPORT JULY 1, 1982 TO JULY 31, 1982 BALANCE AS OF JUNE 30,1982 31,589 .12 DEPOSITED BY TREASURER, SEE RECEIPTS, TREASURER' S REPORT, PAGE 1 396,950.93 TOTAL 428,540.05 HAND CHECK REGISTER DATED 07/31/82 211,855.96 CHECK REGISTER DATED 07/22/82 38 ,955. 59 CHECK REGISTER DATED 07/23/82 54,164.80 CHECK REGISTER DATED 07/30/82 36,769. 29 EXPENSE LISTING 79,307. 52 TOTAL 421,053.16 BALANCE AS OF JUNE 30, 1982 7,486.89 PETTY CASH 31. 47 TREASURY INVESTMENTS SEE TREASURER REPORT, PAGE 2 1,245,000.00 TOTAL $1,252,518. 36 I ,RALPH H. DOWELL JR. , do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds available for payment thereof in the City Treasury. Dated: August 5, 1982 Ralph H. Dowell, Jr . 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I M I' i rr,711-€ M v T e 1 Tim r v .m T i m m.' # 1 m m i-I , i� !';o .z � • D: X X X X XXX X X X X X X X.X X X X X X X X X X X X X CC i O. 'J 'J'J-13J a N)?J Ill Z J- -J ^V \V V VV -IVvv\V V\V VVx LT, "'55. ,V .7 C.1 '.q'ii [i 0 u ,jsM .3 `g O LA .v + 7 z - -# cr., _.fl S' r-!v \ IT '�•rA 7 I <# ; i f 1 i ^J ba u t I D Of ^J'J co -..,J 'J O ' 1 .+tU W-J o J CAc_�. r t ^ i V ao t9 _vvo - T'.JAoT -• a,T-'o t40 Z.7, - coa f z j -? CDD -+, U c -J.0 m,9.p A,-. "a 0 T -40-:,4.A .,t9 0, .-.0• W W 0 c I x 0 00 oao DW V 9.3 co W :00t9 L9 W 0 W i'J�r#-0 WO1DvW t4 C4 A CITY OF ATASCADERO FINANCE DIRECTOR' S REPORT JULY 1, 1982 TO JULY 31,1982 EXPENSE LISTING PAYROLL DATED 07/14/82 CHECKS #8783-8880 39 ,721.76 PAYROLL DATED 07/28/82 CHECKS #8881-8962 39 ,530 .72. PAYROLL DATED 07/30/82 CHECKS #8964-8971 5,998. 55 PAYROLL CHECK NOT LISTED JUNE 87. 59 VOIDED CHECK #14674 ,Ck.Reg.Dated 07/30/82 P9. 2 ( 6,031. 10} TOTAL 79,307 . 52 • • -27- A • • -M—E—M—O—R-A-N—D—U-M— TO: Ralph Dowell - Finance Director FROM: Mike Hicks - Fire Chief SUBJECT: Fire Suppression Cost - 6-17-81 On June 17 , 1981, a wildland fire occured at Balboa and San Fernando Roads in the City of Atascadero (AFD Report #339) . Due to the nature of the fire and the extreme con- ditions that existed at that time, special fire fighting equipment was needed, and used (air tankers and hand crews) . Since this equipment is not part of our mutual aid agreement with the California Department of Forestry, and since this equipment is under contract to that agency, CDF, the City of Atascadero has been billed for that service in the- amount of $1 ,984 .62 . In reviewing this bill, it is my recommendation that this is a valid bill and should be paid. It should be noted that we received additional aid, under . the agreement, at no charge: 4 Fire Engines and crews (CDF) 2 Bulldozers with operators (CDF) 1 Airco (spotter plane) (CDF) 1 Battalion Chief (CDF) 1 Fire Engine and crew (Atascadero State Hospital) Note: I also feel the City should bill the property owner. Me/Z MIKE HICKS 6-15-82 MH:PJ evolvel 7'WIS klI S 4t&st-1Yf1 e,pl trro t5n j s ��� 1-- 't 0 2 r. /VPW✓�-L !S X r4--Q a U 1 7n4lr-es Mt V4 r I-Ire rs Shy // /-uNv7 f y �3 a oS T 3, �ti Td n 7h�r 11,CK 71 yet. �l(10/ fIVAYp Affu tZ M '..- vx - .,,, STATE OF CALIFORNIA THE RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF FORESTRY e INVOICE N? D 3005 r SACRAMENTO Your Purchase Order No. --_---__--- Cityof Atascadero Our Delivery Order No- ------------ P.O. ---__-__ -- P.O. Box 747 Atascadero, CA 93423 Date- June 7, 1982 -- ---------------------- Region V DESCRIPTION AMOUNT For fire costs incurred on the following fire: COUNTY FIRE NAME FIRE # INC. DATE San Luis Obispo `'Atascadero 10040 53-807 6-17-81 Assist #1 $1,984.62 PER AGREEMENT DETAIL ATTACHED) i Make check payable to: STATE DEPARTMENT OF FORESTRY IMPORTANT State Department of Forestry Mail check with copy Departmental Accounting Office of Invoice to: 1416-9th Street Sacramento,CA 95814 AO-223 (REV. 7.78) 19995-3561-816M SEPT CAMOT OSP M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Federal Surplus Property Program It is recommended that the attached forms and resolution be approved by Council to allow City participation in the Federal Surplus Property Program. This program will allow the City to purchase surplus items through warehouse centers throughout the State. The, resolution- authorizes Don Leib, as the City representative, to examine and purchase items from these warehouses. Although no specific purchases are being considered pre- sently, it is possible that major or minor equipment items may be available to the City through this program at substantial cost savings. The only costs involved in this program are those associated with an actual purchase. RENCE McPHERSON LM:vh 7-29-82 cc: Finance Director � ' --�-z- California State Department of Education Office of Surplus Property 721 Capitol!Mall,Sacramento,CA 95814 OSP Form No. 202(3-81) RESOLUTION No. 38-82 "BE IT RESOLVED by the Governing Board,OR by the Chief Administrative Officer of those organizations which do not have a governing board, and hereby ordered that the official(s) and/or employee(s) whose name(s), title(s), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form." NAME TITLE SIGNATURE (Print or type.) DONALD L. LEIB PUBLIC WORKS SUPERINTENDENT LAWRENCE McPHERSON PUBLIC WORKS DIRECTOR RALPH H. DOWELL, JR. FINANCE DIRECTOR MURRAY L. WARDEN CITY MANAGER PASSED AND ADOPTED this day of ,19 ,by the Governing Board of by the following vote: Ayes:-;Noes: ;Absent: 1, Clerk of the Governing Board of do hereby certify that the foregoing is a full, tare, and correct copy of a resolution adopted by the Board at a meeting thereof held at its regular place of meeting at the date and by the vote-above stated, which resolution is on file in the office of the Board. Name of organization Mailing address [Signed) City County ZIP code OR AUTHORIZED this day of 19 by: Name of chief administrative officer Title Name of organization Mailing address [Signed]. City County ZIP code TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (1) It is a public agency: or a nonprofit educational or public health institution or organization,exempt from taxation under Section 501 of the Internal Revenue Code of 1954;within the meaning of Section 295,0)of the Federal Property and Administrative Services Act of 1949, as amended,and the regulations of the Administrator of General Services. (2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given oliti:al area one or inure public purposes,or,if a nonprofit tax-exempt institution or organization,the property is needed for and will be used by the recipient for educational or public health purposes,and including research for such purpose.The property is not being acquired for any other use or purpose,or for sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Tide VI of the Civil Rights Act of 1964, Title VI, Section 606, of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973,as amended,and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purpose(s)for which acquired within one year of receipt and shall be continued in use for such purposeis) for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the state agency and, at the donee's expense,return such property to the state agency,or oth-cr%%ise make the property available for transfer or other disposal by the state,agency,provided the property is still usable as determined by the state agency. (2) Sucn special handling or use iirnitations as are imposed by General Services Administration (GSA) on any item(s)of property listed hereon. (3) In the event the property is not so used or handled as required by (B)(1) and (2), title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITENIS WITH A UNIT ACQUISITION COST OF 53,000 OR MORE AND PASSENGER IAIOTOR VEHICLES,REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s). (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed in use, except for such items of major equipment,listed hereon,on which the state agency designates a further period of restriction. ' (3) In the event the property is not so used as required by (C)(1) and (2)and federal restrictions (13)(1) and(2)have expired then title d right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS,REiSERVATIONS,AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by(B)and(C)above remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state,without the prior approval of GSA under(B)or the state agency under(C).The proceeds from any sale, trade, lease, loan, bailnunt, encumbrance, or other disposal of the property, when su:h action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA or the state agency,as the case may be. (2) In the event any of the property listed hereon is sold, traded,leased,loan:+d,bailed,cannibalized,encumbered,or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and(C)remain in effect, without the prior apptov3l of GSA or the Mate agency, the donee, at the option of GSA or the state money, shall pay to GSA or the state agency, as the case may be, the proceeds of ;h:: disposal or the fair r narket vniue or the fair rental value of the property at the time of such disposal,as determined by GSA or the state agency. (3) If at any tire, from the date it receives the property through the periods)of tima the conditions imposed by(B)and (C)remain in. effect, any of the property listed hereon is no longer suitable,usable,or further needed by the donee for the purpose(s)for which acquired,the donee shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department or agency of the United States,sell,or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the state agency. (5) At the option of the state agency,the donee may abrogate the conditions set forth in(C) and the terms,reservations,and restrictions pertinent thereto in(D)by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an"as is,""where is"basis,without warranty of any kind. (2) )'Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired terms,conditions,reservations,or restrictions occurs,the state agency wtii be entitled to reimbursement from Afthe donee out of the insurance p:oceeds,of ao amount equal to the unantortizcd portion of the fair value of the damaged or destroyed donated Wems. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF 53,000 OR MORE,REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer Document executed by the authorized donee representative, FSt1246 DE 12202 3-81 3M M E M O R A N D U M TO: Murray FROM: Larry McPherson SUBJECT: Resolution appointing Director of Public Works as City Representative Concerning Water Rights Recommendation: It is recommended that Council approve Resolution No. appointing the Director of Public Works as the City representative concerning water rights licenses with the State Division of Water Rights. Background: Water Rights Licenses 5345 and 6228 authorize the City to draw 242 acre-feet of water annually from Atascadero 'Creek to help fill Atascadero Lake. The licenses for diversion and use of water require annual reports to be filed with the State Division of Water Rights. These reports and any amendments to the licenses must be submitted by a duly appointed official of the City in order to comply with State regulations. The resolution accomplishes this requirement of the State. WRENCE McPHERSOTd LM:vh 7-29-82 RESOLUTION NO. 39-82 A RESOLUTION OF THE CITY OF ATASCADERO NAMING THE DIRECTOR OF PUBLIC WORKS AS THE RESPONSIBLE PUBLIC OFFICIAL IN MATTERS INVOLVING WATER RIGHTS. WHEREAS, the State Water Resources Control Board, Division of Water Rights, has issued Licenses 5345 and 6228 entitling the City of Atascadero to two-hundred and foray-two acre-feet per annum to be collected from Atascadero Creek, and; WHEREAS, State regulations require that cities furnish the Division of Water Rights with a copy of a resolution designating the duly appointed official who will handle matters involving such water rights, NOW, THEREFORE, BE IT RESOLVED, by this Resolution, the City Council appoints and designates the Public Works Director as the public official responsible for matters concerning City water rights. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES NOES• ABSENT: ROLFE NELSON, Mayor ATTEST• BARBARA NORRIS, City Clerk APPROVED AS TO ROM• APPROVED AS TO CONTENT ALLEN GRIMES, City Attorney U Y L , WARDEN, City Manager • M_E_M O_R_A N_D_U^M TO: City Manager, Murray L. Warden FROM: Fire Chief, Mike Hicks SUBJECT: Weed Abatement On April 26 , 1982 , the Atascadero City Council adopted a resolution declaring that all noxious or dangerous weeds or other flammable material that create a fire hazard shall constitute a public nuisance . During the period from May 1, 1982 , through May 20 ,1982 , fire department personnel posted parcels that were determined to be a public nuisance. There were approximately 800 parcels posted for abatement. On June 14 , 1982 , the City Council held a Public Hearing re- garding posting appeals and awarded a Bid Contract to Keith Scribner and Gary Kuhn to perform weed abatement on those par- cels that were not abated by the property owners . From June 15 , 1982 , to June 24 , 1982 , AFD personnel conducted reinspections of those lots posted for compliance. On June 24 , 1982 , the contractors began abatement under the supervision of AFD personnel . It should be noted, that this year approxi- mately 50% of those lots _posted for abatement were abated by the property owner , which is a considerable increase over years past. On August 4 , 1982 , a Notice of Appeal and an itemized list of weed abatement assessments, were posted with the City Clerk, at the City Council Chambers, and at the City Fire Station. The contractor was not able to finish the abatement of all lots that were declared a public nuisance due to the time frame they were working under (30 days) . We recognized this from the start and attempted to concentrate on the most hazardous areas first. I 'm sure there will be questions as to the assessments charged and the method used. I have gone out and spot checked parcels abated by the contractor and have found the work to be satis- factory. MIKE HICKS • 8-4-82 MH:pj RESOLUTION NO. 40-82 RESOLUTION OF THE ATASCADERO CITY COUNCIL CONFIRMING THE COST OF WEED ABATEMENT WHEREAS ,, the Government Code of the State of California, Section 39500, et seq. , provides that cities may declare weeds a public nui- sance for the purpose of Weed Abatement; and WHEREAS, the Atascadero Fire Department did abate said nuisance within the provisions of the Government Code, Section 39500, et seq. ; and WHEREAS , the cost of the work of abatement as shown on Exhibit A was submitted in accordance with Government Code Section 39574; and WHEREAS , the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW, THEREFORE, BE IT RESOLVED that the report of abatement cost is confirmed as presented; and BE IT FURTHER RESOLVED that the costs of abatement constitutes a special assessment against the described parcels and shall be a lein on the property in accordance with Government Code Section 39577; and BE IT FURTHER RESOLVED that the City is hereby directed to trans- mit to the proper officers of the County a certified copy of the re- port for filing. On motion by Councilman and seconded by . Councilman , the foregoing resolution is hereby adopted in its en- tirety on the following vote: AYES: NOES: ADOPTED: ROLFE NELSON, Mayor ATTEST: BARBARA NORRIS, City Clerk • S Resolution No. 40-83, Weed Abatement APPROVED AS TO FORM: ALLEN GRIMES , City Attorney APPROVED AS TO CONTENT: MUR Y L. WARDEN, City Manager 2 • EXHIBIT A WEED ABATEMENT ASSESSMENTS Property Owner Parcel Number Assessment T. G. Schumann 28-042-32-000 $ 31 . 26 Fred Iaia 28-051-30-000 18 .76 James Veen 28-051-51-000 18 . 76 R. J. Gillette 28-051-52-000 18 . 76 John Cummins 28-061-02-000 56.26 D. D. Messer,etal 28-071-39-000 56 . 26 P. R. Andre, etal 28-084-02-000 187 . 50 Craig E. Warhurst 28-091-0.4-000 28 . 76 Roman Catholic Archbishop 28-093-12-000 62 . 50 H. G. Capaci 28-101-03-000 62 . 50 N. C. Kuhnle, etal 28-151-34-000 50 .00 Nimmo Realty 28-152-53-000 37 .50 T. Lostavnau, etal 28-172-13-000 31 . 26 I . B. Wisley, etal 28-172-15-000 47 . 50 G. M. Jepsen 28-181-21-000 47 . 50 Nelson F. Pulsifer 28-182-01-000 37 . 50 T. W. Venturini 28-182-10-000 28 . 76 D. M. Williams 28-182-24-000 18.76 S. Burgdorff 28-192-20-000 45 .00 R. C. VanAlen 28-192-49-000 45 .00 B. L. Metcalf 28-271-13-000 16 . 26 D. F. Ormonde 28-361-08-000 31 .26 W. H. Carroll 28-361-09-000 31. 26 W. L. Borschsenius 29-011-12-000 50 .00 Patrick D. Boyle 29-022-24-000 26 . 26 K. B. Gallanger, etal 29-071-23-000 50. 00 Hudson Bay Const. Co. 29-082-10-000 85 .00 R. G. Andreasen 29-132-14-000 66 . 26 E. P. Smiley 29-141-01-000 53 .76 D. W. Dakos 29-141-04-000 56 . 26 P.. P. Sterger 29-181-07-000 16 . 26 D. F. Ormonde 29-201-02-000 16 .26 WEED ABATEMENT ASSESSMENTS Page Two Proper Owner P Y Parcel Number Assessment J. Baize, etal 29-201-04-000 $ " 31. 26 Judson A. Harmon 29-211-09-000 15 . 62 B. R. Olson 29-211-18-000 16 . 26 J. J. Morales 29-211-20-000 50 .00 C. W. Long, etal 29-212-21-000 31 .26 Ella Wright 29-222-05-000 16 . 26 G. W. Grant 29-222-22-000 35 .00 G. D. Thomas, etal 29-262-03-000 41 .26 Z . M. Walley, etal 30-041-03-000 56 .26 B. C. Boyles 30-071-29-000 87. 50 J. E. Reinsch 30-101-05-000 31. 26 Ernest L. Garcia 30-111-13-000 53 . 12 W. F. Woodrow, Jr. 30-111-15-000 31 . 26 C. A. Holmes 30-111-17-000 15 .62 B. L. Slogett 30-111-29-000 18 . 76 B. L. Slogett 30-111-37-000 18 . 76 B. L. Slogett 30-111-39-000 18 . 76 George W. Salmeron 30-132-06-000 31. 26 N. J. Lima 30-132-39-000 31 .26 B. A. Muscio 30-241-36-000 28 . 12 H. C. Carey, etal 30-241-59-000 31. 26 R. L. Halstead 30-241-60-000 31.26 R. L. Halstead 30-241-61-000 62 . 50 M. Vanderlip 30-282-07-000 37 . 50 W. L. O'Reilly, etal 30-283-05-000 62 . 50 R. T. Bonar 30-341-05-000 46 .88 B. N. Minamide 30-431-14-000 31 . 26 G. A. Wilson 30-461-16-000 15 . 62 Westwind 30-461-20-000 100 .00 R. J. Gillette 30-471-07-000 37 . 50 R. G. Hendry, etal 30-511-01-.000 59 . 38 L. C. Troutt 30-511-02-000 34 . 38 J. E. Lindsey 30-522-08-000 31 . 26 W. F. Robinson 30-522-19-000 31. 26 W. F. Robinson 30-522-20-000 31. 26 WEED ABATEMENT ASSESSMENTS Page Three Property Owner Parcel Number Assessmentl M. Polin 31-051-38-000 110 . 26 T. E. Coull , etal 31-051-61-000 31.26 M. Polin 31-052-24-000 31 .26 A. A. Nicholas 31-102-14-000 31 . 26 Ray J. Tillman 31-104-09-000 31.26 R. R. Stoddard 31-142-12-000 93 .76 J. W. Freeborn 31-151-13-000 31.26 R. E. Reid 31-152-03-000 31 .26 O. V. Barlow 31-161-04-000 31 .26 M. Polin 31-161-24-000 62 . 50 E. E. York 31-183-02-000 31.26 D. R. Barksdale 31-183-29-000 31 . 26 R. O. Beck, II 31-183-32-000 16 . 26 J. B. Durkin 31-222-03-000 31. 26 W. P. Johnson 31-231-02-000 31 .26 S. W. White , etal 31-231-03-000 31 . 26 D. J. Wener, etal 31-241-12-000 31.26 John G. Henry 31-241-18-000 68 .76 C. S . Vest, Jr. 31-241-19-000 31.26 John R. Rankin 31-241-21-000 16 .26 D. R. Broyles 31-241-23-000 31 .26 Jack R. Smith, etal 31-241-25-000 31. 26 M. Polin 31-302-14-000 31.26 L. Addante 31-302-18-000 31.26 Atas . Board ofRealtors31-302-19-000 31.26 H. Mager 31-311-06=000 31 .26 C&L Homes, etal 31-331-11-000 112 . 50 R. L. Hawkins 31-341-19-000 57 . 50 E. L. Brown 31-361-08-000 31 . 26 R. R. Basham 31-381-53-000 18 .76 J. D. Montagui 31-381-60-000 31. 26 W. S. Hurst 45-321-01-000 62 . 50 N. J. Lima 45-321-03-000 250 .00 , R. B. Bunnell , etal 45-321-06-000 181 . 26 WEED ABATEMENT ASSESSMENTS Page Four Property Owner Parcel Number Assessment R. Hendrix, etal 45-321-07-000 71 . 26 R. B. Bunnell, etal 45-321-08-000 16 . 26 O. L. High 45-361-26-000 26 . 26 W. L. O'Reilly, etal 45-361-27-000 50 .00 W. L. O'Reilly, etal 45-361-28-000 26 .26 S. M. York 45-371-13-000 50 .00 W. L. O'Reilly, etal 45-401-04-000 78 . 76 E. Giorgi, etal 45-421-01-000 62 . 50 G. Peat 45-421-02-000 62 . 50 D. L. Dunham 45-431-04-000 76 . 76 W. L. O'Reilly 45-551-01-000 93 . 76 H. R. Kubly 45-441-30-000 87 . 50 J. C. Johnson, Jr. 45-441-32-000 31 . 26 W. A. Wolters 45-451-30-000 93 . 76 D. Giessenger 45-451-32-000 62 . 50 J. E. Lopez ,etal 49-052-01-000 31 .26 C. D. Lorton 49-052-28-000 31.26 L. O. Barrett 49-061-19-000 31.26 L. O. Barrett 49-061-20-000 31 . 26 G. D. Yates 49-073-55-000 31. 26 B. Roselip 49-073-59-000 31 .26 E. Weshman 45-075-04-000 31.26 HLS Property LTD 49-102-12-000 93 . 76 David Christie 49-131-53-000 78 . 76 Lerner Oil Co. , Inc. 49-141-39-000 37. 50 Herbert Rosenkrantz , etal 49-141-40-000 15 . 62 International Church 49-141-42-000 103 . 76 R. W. Bardi 49-151-08-000 47 . 50 P. M. Garcia 49-151-20-000 16 .26 C. C. Allred 49-163-02-000 47 . 50 Atas. Church Religious 49-163-25-000 31. 26 Science • Bradley J. Lewis 49-163-26-000 31.26 Church of Faith, etal 49-163-44-000 47 . 50 D. Wilcox 49-163-45-00 137 .50 WEED ABATEMENT ASSESSMENTS Page Five Property Owner Parcel Number Assessmentl M. A. Howerton 49-163-52-000 9 . 38 D. Kant 49-163-61-000 47 . 50 D. N. Slade 49-201-30-000 53 . 76 Steven Garman 49-211-45-000 31.26 C. E. Freeman 49-221-46-000 47 . 50 J. V. Kuden, etal 49-221-49-000 106 .26 D. A. Jauft 49-221-58-000 37 . 50 A. Hansen 54-013-02-000 62 . 50 P. D. Collie 54-061-26-000 28 . 76 Thomas E. McNamara 54-151-42-000 62 . 50 C. R. Mills 56-071-10-000 126 .26 Gordon T. Davis Land Co. 56-081-13-000 31. 26 Rex Hendrix 56-081-15-000 62 . 50 Mary A. Nimmo , etal 56-081-21-000 31 .26 M. Iverson, etal 56-101-05-000 93 . 76 Ina Reinhart 56-111-19-000 41. 26 W. W. Chaides 56-121-23-000 50 .00 W. W. Chaides , etal 56-121-24-000 26 .26 Colony Assoc. 56-131-09-000 35 .00 Colony Assoc . 56-131-10-000 50 .00 T. E. Baumberger II ,etal 56-211-32-000 41.26 B. R. Kendall, etal 56-211-39-000 26 .26 B. R. Kendall, etal 56-211-40-000 26 .26 Gilbert Allen 56-261-74-000 31 .26 Coyote Corp. Inc. , etal 56-322-24-000 68 . 76 S. W. Ziomek 56-322-29-000 68 .76 B. M. Vantress, etal 56-451-02-000 154 . 38 R. M. Avery 56-471-07-000 75 .00 Paul Glasmeier 56-491-22-000 31 .26 W. E. Fry 56-491-23-000 31.26 RESOLUTION NO. 41-82 RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING THE BUDGET FOR THE 1982-83 FISCAL YEAR AND APPROPRIATING FUNDS THEREFOR BE IT RESOLVED by the Atascadero City Council as follows: Section 1. Pursuant to the provisions of Section 37208 of the Government Code, that certain document entitled "Final Budget for the City of Atascadero for the Fiscal Year -1982-83," dated August 9 , 1982, on file in the office of the Finance Director , is hereby approved as the final budget for the City of Atacadero for the fiscal year 1982-83 to the extent of the totals set forth for each function in the General Fund, Special Revenue Funds, Enterprise Fund, Reserves and totals set forth for each capital project and such shall constitute a pre audited register of demands. Section 2. The City Manager , upon recommendation of the Finance Director , may transfer funds within, but not between, each of the functional appropriations of the General Funds as required to achieve the purpose of this function. Section 3. The Council, from time to gime, by motion, may approve and authorize the payment of non-budgeted demands from appropriated funds; and may appropriate funds for budgeted or non-budgeted items, and any such appropriation for a non-budgeted item shall constitute an approval to issue a warrant in payment of a property demand or demands therefor . Section 4. This resolution shall become effective and in full force immediately upon its passage. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its en- tirety on the follow vote: AYES: NOES: ABSENT: ADOPTED: ROLFE NELSON, Mayor Resolution No. 41-82 1982-83 Budget ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO- FORM: /s/ Allen Grimes ALLENGRIMES , _City Attorney' APPROVED AS TO CONTENT: M RAY WARDEN, City Manager 2 M E M O R A N D U M TO: CITY MANAGER August 4, 1982 FROM: PLANNING DIRECTOR SUBJECT: TENTATIVE PARCEL MAP AT 811203: 1 - APPEAL OF PLANNING COMMISSION DECISION LOCATION: 11705 E1 Camino Real (Ptn. Lots 3 and 4, Block 66) APPLICANT: Edward and Judy Young REQUEST: To allow resubdivision of two existing parcels totaling 7 . 5 acres into three parcels of 2. 5 acres each. On July 6, 1982 the Planning Commission conducted a public hearing on the subject matter unanimously denying the resubdivision as set forth by the Findings in the attached Staff Report dated July 6, 1982. The . Planning Commission had previously denied without prejudice a similar request with a different lot configuration on May 3, 1982 and a copy of the Staff Report for that hearing is also attached. The Commission discussed the following matters related to this request: - lot sizes in the vicinity of the subject property effect of 100 year flood area on site and septic design - various engineering alternatives to mitigate flood 'impacts It was the consensus of the Planning Commission that the request did not adequately satisfy General Plan criteria pertaining to lot size. Judy Young, applicant, Terry Orton, Westland Engineering, and Robert Hilliard, Hilliard Surveys, appeared in support of the request. They presented information indicating that there were many similar sized lots in the area and that a suitable building site, including a septic system, was available on each parcel outside of the flood zone. No one else appeared on the matter . The decision of the Planning Commission was appealed by the applicant as set forth in the attached letter dated July 15, 1982. • Tentative Parcel MajoAT 811203: 1 (Young) If City Council decides to grant the appeal, the matter should be con- tinued to the meeting of August 23 to allow the Planning Department t� prepare appropriate findings and conditions. LAWRENCE STEVENS MURRAYL. KDEN Planning Director City hanag r /Ps 2 July 15, 1952 Atascadero Inc. C/O Planning Dept. P.O. Sox 747 Atascadero, CA. 93423 REGARDING: TE14TATIVE PARCEL MAP AT 511203: 1 11705 El Camino Real Dear Planning Dept. We wish to appeal the planning commission decision for denial of our proposed lot split. Enclosed is the required check for $87.50 Our reason for appealing would be those which were given for denial. Sincerely dw o g Judy J You g i e a�Fr rf � ^ CITY OF ATASCAD"ERO 1919 q An G, 1979 Planning Department July 6 , 1982 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 811203: 1 LOCATION: 11705 El Camino Real (Ptns. of Lots 3, 4, Block 66) APPLICANT: Edward and Judy Young (Hilliard) REQUEST: To allow resubdivision of two existing parcels totaling 7 . 5 acres into three parcels of 2. 5 acres each. BACKGROUND 1. Existing Zoning: A-1 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: An initial study environmental de- scription form has been completed by the applicant. The Plannin� Director has issued a Draft Conditional Negative Declaration indi- cating the project will not have a significant adverse effect on the environment if certain mitigating measures are incorporated into the project. 4. Site Conditions: The property is generally level, sloping up slightly from the north corner towards the southerly-most corner . Vegetation consists of natural grasses. The only development ex- isting on the site is a trailer being used as a residence. The property is a through parcel having frontage on both El Camino Real and Viejo Camino. Surrounding land uses are generally large lot residential. The northern corner of the property is traversed by a floodway, Paloma Creek, which is dry most of the year. 5. Project Description: The applicant proposes to create three par- cels of 2. 5 acres each. Parcel A will have frontage along El Cam- ino Real and will include the site where the trailer is currently located. Parcels B and C will be accessed from Viejo Camino. All three parcelsareparallel to El Camino Real and Viejo Camino. The lowest elevations of all three parcels will be along the northern property lines which are crossed by Paloma Creek. Build- ing sites are proposed at the southern ends of each parcel at the highest elevations available. TENTATIVE PARCEL MAP AT 811203:1 (Young) 6. Prior Action: On May 3, 1982 the Planning Commission denied a "re- quest by the applicant to resubdivide the subject site into three lots with proposed lots "B" and "C" perpendicular to Viejo Camino. The project was denied without prejudice and the applicant was permitted to return with a different configuration. STAFF COMMENTS On Thursday, June 10, 1982 the Subdivision Review Board met with the applicant' s engineer , Terry Orton, and Bob Hilliard, Hilliard Surveys. Also attending were: Larry Stevens, Planning Director; Wayne LaPrade, Planning Commissioner; Fred Buss, Associate Planner; Jill Kollmann and Kami Griffin, Planning Interns. The following items were discussed: 1. Minimum lot size. 2. Septic System. 3. Access easements DISCUSSION The 1980 Atascadero General Plan policy regarding lot sizes states that as the distance from the center of town increases, the lots shall be larger . Due to the distance of the applicant' s property from the center of town, it may be appropriate to expect the lot sizes to be larger than the minimal 2.5 acres required. Lots in the area current- ly range in size from approximately three to ten acres, although some smaller lots also resulted from bisection of the original Colony lots by the former State highway (now E1 Camino Real) . The property is subject to flooding and most of the site is in the 100 year flood area as indicated in the 1982 Federal Flood Insurance Study. Paloma Creek, which cuts through the north corners of Parcels "B" and "C" has been identified as a floodway. The applicant proposes creating building sites at the southern end of each parcel. These natural building sites are small, however, they are above the 100 year flood level. Another concern related to the flood potential is the increased possi- bility of septic system failure. In areas subject to flooding such as this , the reliability of any type of septic system is low, even though the percolation may be good due to the alluvial nature of the soils. It does appear that there is sufficient room on each site to locate a system outside of the flood areas. Analysis of each of the above concerns individually may lead to a con- clusion that the proposal should be approved, but it seems that the cumulative effect of those factors points to a lot size other than the 2 1/2 acre minimum size being requested - especially when the majority of the 7. 5 acres is subject to flooding. 2 TENTATIVE PARCEL MAP AT 811203:1 (Young) FINDINGS 1. The tentative parcel map asro osed is not consistent with the P P 1980 Atascadero General Plan policies governing minimum lot size including those relating to distance from the center of the com- munity, general character of neighboring lands and the aesthetic effect of the disruption of watersheds. 2. The site of the tentative parcel map is not physically suitable for the proposed density due to the potential inundation of most of the site by a 100 year flood, as well as its location within a flood plain. 3. The design of the tentative parcel map could cause health problems due to the higher probability of private sewage disposal system failure associated with the flooding problem. 4. The above listed environmental impacts may be individually limited but cumulatively considerable when this project is completed. RECOMMENDATION Based upon the above Findings, the Planning Department recommends de- nial of Tentative Parcel Map AT 811203: 1 as submitted. (The Planning Department would be able to make findings and recommend approval of lot line adjustment changing the present east-west orientation to north-south in order to provide suitable building sites on each of two existing lots. ) ACTION , Direct Staff by motion as deemed appropriate. TO APPROVE: Continue to July 19 to allow preparation of conditions of approval. TO DENY: Adopt Findings and Staff recommendation. REPORT PREPARED BY - BUSS _ S Planner REPORT APPROVED BY: VX4VIrK4�'� LAWRENCE STEVENS Planning Director 3 - S,q � t A-(-5 Qy J vP o V A-I ZONING 11'105 EL, CNMINO REAL. LOT 3 €4 BLOCK &Cb AT $t I ; A� N 00 a 00 m W r ' 'N �i. �� 1 r • / y t ` • \ � tea- / � !"-- }�, �' \'�, �- C a ®• • all PO It ••, 0- �_� it • G© z � -��• - - to - 1+OC.AT 10 N :. ` o, •® j�r10 5 E L C A M I N O RF-AL,- 1-01344., EAL,,L01344� BLOCK (oto J : 00 Oo to .� { L moi.,•i+`._. ' � f I I �2 1✓2 \it-' Z I ill in tot IH r�jo i �o�U rr ------- --- l vn�tU� 63Z� �O�yr'1 @9 Q �, �, off Al Wei y�" j ,r v W i 1 �iQv n:. 1A _ \ Al r ZE A All 4� t �r Fiat > =rFIn7r G; 1918 �? e, r ^^ IN I979 CITY OF ATASCADERO Planning Department May 3, 1982 STAFF REPORT SUBJECT: TENTATIVE PARCEL MAP AT 811203: 1 LOCATION: 11705 E1 Camino Real (Ptns. of Lots 3, 4, Block 66) APPLICANT: Edward and Judy Young (Hilliard) REQUEST: To allow resubdivision of two existing parcels totaling 7 . 5 acres into three parcels of 2. 5 acres each. BACKGROUND 1. Existing Zoning: A-1 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: An initial study environmental de- scription form has been completed by the applicant. The Planning Director has issued a Draft Conditional Negative Declaration indi- cating the project will not have a significant adverse effect on the environment if certain mitigating measures are incorporated into the project. 4 . Site Conditions: The property is generally level, sloping up slightly from the north corner towards the southerly-most corner . Vegetation consists of natural grasses. The only development ex- isting on the site is a trailer being used as a residence. The property is a through parcel having frontage on both E1 Camino Real and Viejo Camino. Surrounding land uses are generally large lot residential. The northern corner of the property is traversed by a floodway, Paloma Creek , which is dry most of the year . 5 . Project Description: The applicant proposes to create three par- cels of 2.5 acres each. Parcel A will have frontage along El Cam- ino Real and will include the site where the trailer is currently located. Parcels B and C will be accessed from Viejo Camino. Parcel C is at the lowest elevation and contains the portion of the property crossed by Paloma Creek. The applicant has proposed to fill the low ground to the level necessary to create a suitable building pad and septic system location. TENTATIVE PARCEL MAP AT 811203:1 (Young) STAFF COMMENTS On January 7 , 1982 the Subdivision Review Board met with the applio cant, Ted Young, Terry Orton, Westland Engineering, and Bob Hilliard, Hilliard Surveys. Also attending were: Larry Stevens, Planning Di- rector; Larry McPherson, Public Works Director; Vern Elliott, Fire Captain; Joel Moses, Associate Planner ; and Jill Kollmann, Planning Intern. The following items of concern were discussed: 1) The site' s flood zone designation. 2) The development of minimum size lots per the General Plan criteria. 3) The existing trailer on the site will have to be removed or brought up to existing building and zoning code requirements. 4) The status of the remainder of Lots 3 and 4 on the west side of E1 Camino Real. 5) The installation of fire hydrants along E1 Camino Real. 6) The possibility of seasonal inundation and potential septic problems The applicant was requested to provide further map information on th site areas covered by the 100 year flood area including an analysi� of potential building sites and septic system locations. On April 8, 1982, the Subdivision Review Board met again to discuss the proposed parcel map with Mr . and Mrs. Young. Also present at the meeting were: Larry Stevens; Mike Sherer , Planning Commissioner; Fred Buss, Associate Planner ; Joel Moses; Patsy West, Engineering Aide; and Jill Kollmann. The following items of concern were dis- cussed at this meeting: 1) Site "pad" development. 2) Proposed septic system. DISCUSSION The 1980 Atascadero General Plan policy regarding lot sizes states that as the distance from the center of town increases , the lots shall be larger . Due to the distance of the applicant' s property from the center of town, it may be appropriate to expect the lot sizes to be larger than the minimal 2. 5 acres required. Lots in the area current- ly range in size from approximately three to ten acres. The property is subject to flooding and most of the site is in th� 100 year flood plain as indicated in the 1982 Federal Flood Insuranc Study. Paloma Creek, which cuts through the north corner of Parcel C, has been identified as a floodway. Currently there is no building 2 C0 C TENTATIVE PARCEL MAP AT 811203:1 (Young) site on Parcel C which is above the flood level. The applicant has • proposed to fill to a level high enough to create a building site above flood levels. The other two parcels each have small natural areas above flood level which are of sufficient size to accommodate a building site including a private sewage disposal system. Another concern related to the flood potential is the increased pos- sibility of septic system failure. In areas subject to flooding such as this , the reliability of any type of septic system is low, even though the percolation is probably good due to the alluvial nature of the soils. Using fill to create a higher site above flood levels on Parcel C would result in an engineered evapotranspiration system. This type of system is somewhat experimental in nature, although there are a number within the City, and generally require fairly large land areas. Protection from flooding is essential to its operation. FINDINGS 1. The tentative parcel map as proposed is not consistent with the 1980 Atascadero General Plan policies governing minimum lot size including those relating to distance from the center of the com- munity, general character of neighboring lands and the aesthetic effect of the disruption of watersheds. • 2. The site of the tentative parcel map is not physically suitable for the proposed density due to the potential inundation of most of the site by a 100 year flood, as well as its location within a flood plain. 3. The design of the tentative parcel map could cause health problems due to the higher probability of private sewage disposal system failure associated with the flooding problem. RECOMMENDATION Based upon the above Findings, the Planning Department recommends de- nial of Tentative Parcel Map AT 811203: 1 as submitted. (The Planning Department would be able to make findings and recommend approval of a lot line adjustment changing the present east-west orientation to north-south in order to provide suitable building sites on each of two existing lots. ) • 3 I�� TENTATIVE PARCEL MAP AT 811203 : 1 (Young) ACTION Direct Staff b motion as deemed a • y appropriate. TO APPROVE: Continue to May 17 to allow preparation of conditions of approval. TO DENY: Adopt Findings and Staff recommendation. REPORT PREPARED BY: , 0ILL KOLLMANN Planning Intern REPORT APPROVED BY: LAWRENCE STEVENS Planning Director ; /ps 4 / • t \ µ. • ,a I i j � � �- .�. _ '-o fit; •,� �F,� �, ' 10 CI N C PAIaCE S L � " 1 11 D � vS ,; g � 7 S CL G�r�1�N ORDINANCE NO. 57 AN ORDINANCE AMENDING ORDINANCE NO. 19 WHICH ESTABLISHED COUNCIL PROCEDURES The Atascadero City Council ordains as follows_ Section 1. The first paragraph of Section 2-1.02, Agenda, of the Atascadero Municipal Code is amended to delete the reference to City Clerk and insert City Manager therefor. Section 2-1. 02 shall _ be amended to read as follows: z- Section 2-1.02. Agenda1.. Requests for items topear on the Council agenda shall be pre- sented to the City Manager no later than 5: 00 p.m. on the Tuesday pre- ceding the day of the Council meeting . The City Manager shall prepare the agenda of all such matters and cause a copy of such agenda to be made available to each Counci.lmember , the City Manager , the City At- torney, City Clerk, City Treasuerer , and each Department Head by 5: 00 p.m. on the Thursday preceding the Council meeting. In the event that regular Council meetingsare held on a day other than Monday be- cause of holidays or other reasons, then the agenda schedule shall be • adjusted accordingly. Section 2. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Section 36933 of the Gov- ernment Code; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the thirty-first (31st) day after passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the City Council held on AYES: NOES: ABSENT ROLFE NELSON, Mayor • Ordinance No. 57 - Ordinance amending Ordinance No. 19 ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM: /s/ Allen Grimes ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURAAY WARDEN, City Manager • 2 Y . • T) i M E M O R A N D U M -- TO: Murray FROM: Larry McPherson SUBJECT: Service Contract - Dial-A-Ride Recommendation: It is recommended that Council authorize the City Manager to execute a service contract with Community Transit Services, Inc. of Anaheim, for providing labor, in- surance, and management services in conjunction with the op- eration of the Cities Dial-A-Ride bus system. The maximum cost for this contract is not to exceed $109, 741 for fiscal year 1982-83 Background: Community Transit Services has provided labor and management services for operation of the Dial-A-Ride System for over two years now. It is staff' s opinion that the services provided have been acceptable and costs have been evaluated to be reasonable. This year the contract format has been modified so the service provider supplies the vehicle insurance and the method of compensation is revised to show fixed costs and variable costs separated. The Variable Cost Summary on page 2 of 17 shows the breakdown of fees and provides for payment of $5, 617. 33 per month to cover fixed costs, overhead, and profit, while a fee of $7 . 236 per hour is to be charged in addition to the fixed charge for each operating hour. The contract document includes cost support data for each of the functions provided by the operator. Substantial change in the present service level of the Dial-A-Ride bus service would be subject to a re-negotiated contract. The cost shown on this contract complies with the figures in the proposed budget for fiscal year 1982-83. RENCE McPHERSON LM:vh cc: City Attorney att. VAS ivcLUp�-p 7-alE W1410-1-1 yds 7F'�fJP-7-- fl /?,p PIwv A-t ' 1 I 1 2 . 3 AGREEMENT 4 THIS AGREEMENT is made this day of , 1982, by and between the 5 CITY OF ATASCADERO, hereinafter referred to as "City" and COMMUNITY TRANSIT 6 SERVICES, INC. , hereinafter referred to as "M&O." WITNESSETH: 8 WHEREAS, M&O has the management and technical personnel, expertise, and 9 other assets useful for the support of City's transportation project; and 10 WHEREAS, City is desirous of obtaining such services for said project; and 11 WHEREAS, M&O is desirous of providing such services; 12 NOW THEREFORE, in consideration of the foregoing recital and covenants 13 and agreements of each of the parties herein set forth, the parties hereto do 14 agree as follows: 15 1 Purpose: City hereby contracts with M&O to provide transportation* 16 management and operations services upon the terms-and conditions hereinafter 17 set forth. 18 2. Scope of Work: M&O will provide the services to be rendered as set 19 forth in Exhibit "A" (Scope of Work), attached hereto and by reference incor- 20 porated herein and made a part hereof. 21 3. Time Period: M&O shall commence service operations of City's 'trans- 22 portation project on July 1, 1982, and continue operations through June 23 30, 1983, within the budget defined under the heading "Maximum Obligation. 24 4. Maximum Obligation: City agrees to pay M&O in consideration for its 25 services as described herein. The maximum price to be paid by City to M&O 26 ' shall not exceed One Hundred Nine Thousand, Seven Hundred Forty-One Dollars 27 111109,7411* . -1- i i r 1 5. Price Formula: City agrees to pay M&O for performance of the • 2 services set forth in this Agreement as follows: 3 (A) Payment of a fixed hourly rate of $7.236 per vehicle service 4 hour. Vehicle service hours will be computed by using the time each vehicle 5 leaves the garage for its first pickup point each day and until such time as 6 each vehicle returns to the garage at the end of each operational day exclud- 7 ing time for driver lunch breaks. 8 The hourly rate shall include, but not be limited to, the follow- 9 ing: vehicle operators' wages; fringe benefits; and overhead costs. 10 (B) Payment of a fixed monthly rate of $5,617.33 per service month. 11 The monthly rate shall include, but not be limited to, the following 12 fixed costs: vehicle operators' safety meetings and wages; managements' and 13 controllers' wages; fringe benefits; overhead costs; uniforms; vehicle in- 14 surance; physicals; dispatch office supplies; and management fee. • 15 (C) City shall provide dispatch office facilities, garage and park- 16 ing facilities; maps and charts; fuel, radio and vehicle maintenance and 17 parts; repairs due to accidents; these are not included in the fixed monthly 18 rate. 19 6. _ Invoices: M&O shall submit the invoices to City as follows: 20 (A) Hourly costs shall be directly traceable by dispatcher and/or 21 driver trip sheets and employee time cards, which will be available for review 22 by City. Hourly costs shall be computed weekly and submitted monthly. 23 (B) The fixed monthly rate shall be directly traceable by employee 24 time cards, which will be available for review by City and submitted monthly. 25 (C) Other charges not covered in the hourly or fixed rate invoice, 261 shall be billed monthly with charges directly traceable to receipts, bills, • 27 'etc. , copies of which shall be attached to the invoice. Each monthly billing -2- I` i 1 will include a certification that all amounts billed are in accordance with 2 this Agreement. • 3 7. Payment: All payments by City shall be made in arrears, after the 4 service has been provided. Payment shall be made by City no more than thirty 5 (30) days from City's receipt of invoice. City shall normally pay by voucher 6 or check within ten (10) working days after each meeting at which payments can 7 be authorized, provided that City receives the invoice at least three (3) 8 working days prior to the City's meeting date. If City disputes any items on 9 an invoice for a reasonable cause, City may deduct that disputed item from the 10 payment, but shall not delay payment for the undisputed portions. The amounts 11 and reasons for such deletions shall be documented to M&O within fifteen (15) 12 working days after receipt of invoice by City. City shall assign a sequential 13 reference number to each deletion. Payments shall be by voucher or check 14 payable to and mailed first class to: 15 Accounts Receivable • COMMUNITY TRANSIT SERVICES, INC. 16 2121 West Crescent Avenue, Suite D Anaheim, California 92801 17 18 8. Operating Revenues: All operating revenues collected by M&O are the 19 property of City. Operating revenues include all fares, sales of tickets and 20 passes, advertising sales, and rental of equipment. They shall be counted and 21 kept separately under appropriate security. Once a week or more frequently 22 they shall be deposited by M&O at a banking institution as directed by City. 23 Reports on the revenues collected and deposited shall be provided to City. 24 I 9. Charter Services: Charter services will be provided by M&O upon 25 request by City's authorized employees as follows: 26d (a) When charter services fall entirely within normal service hours 27 !and City directs that normal operating personnel should be used to provide to -3- i 1 charter service, such service will be provided at the regular cost as defined 2 in the "Price Formula" but at the expense of a lower level of service for 3 normal operations. Such charter services are considered a part of this Agree- 4 ment. 5 (b) Charter services outside normal operating hours and charter 6 services within but in addition to normal operation shall be considered extra 7 services. The costs will be determined on an individual-trip basis at the g regular cost as defined in the "Price Formula" and billed separately from this 9 contract, and shall be treated as a change to this Agreement as defined under 10 "Changes," and shall be in excess of the maximum price defined in the "Maximum 11 Obligation." 12 10. Control: 13 (a) All services to be rendered by M&O under this Agreement shall 14 be subject to the control of City. M&O shall advise City of matters of • 15 importance and make recommendations when appropriate; however, final authority 16 shall rest with City. 17 (b) City shall not interfere with the management of M&0's normal 18 internal business affairs and shall not attempt to directly discipline or 19 terminate M&O employees. City may advise M&O of any employee's inadequate 20 performance which has a negative effect on the service being provided, and M&O 21 shall-take prompt action to remedy the situation. In extreme cases, City may 22 demand removal of an M&O employee. 23 11. Management: During the term of this Agreement, M&O shall provide 24 sufficient executive and administrative personnel as shall be necessary and 25requiredto perform its duties and obligations under the terms hereof. 26 ' / 27 ' / -4- i (I I 1 12. Medical Assistance to Passengers: M&0's employees shall not be 2 required to perform any medical or quasi-medical functions for passengers. 3 the event of illness on board a vehicle, the driver shall advise the dispatcher 4 by radio and may proceed immediately to a medical facility for help. 5 13. Uniforms: M&0 shall purchase uniforms for employees and shall 6 require the employees to wear them. The design, type, and logo of the uniforms 7 shall be subject to City's approval. $ 14. Changes: In the event City orders changes from the list of work 9 shown in Exhibit "A" (Scope of Work) or for other causes orders additional M&0 10 work not contemplated hereunder, additional compensation shall be allowed for 11 such extra work according to the method defined under the heading "Price 12 Formula." City shall promptly notify M&0 in writing by change order of all 13 changes in scope. Change order shall specify a cost limit or shall be subject 14 to subsequent negotiation. 15 15. Renewals: This Agreement may be renewed for subsequent budget • 16 periods upon the mutual agreement of both parties. The parties shall meet 17 prior to two (2) months before the expiration date of the budget in this Agree- 18 ment to develop a budget for the subsequent period. 19 16. Qualification for Future Contracts: As a result of having entered 20 into this Agreement, M&0 shall not be inhibited, penalized, or disqualified 21 from bidding subsequent transportation management and operation programs under 22 the jurisdiction of City. 23 17. Succession: This Agreement shall be binding on and inure to the 24 ( benefit of the heirs, executors, administrators, and assigns of the parties 25 ii hereto. 26i I � 27 � !I -5- • 1 18. Disputes: • 2 (a) Any controversy or claim arising out of or relating to the 3 provisions of this Agreement, or the breach thereof, shall be settled by 4 arbitration at the election of either party in accordance with the Rules of 5 the American Aribitration Association at Los Angeles and judgment upon the 6 award rendered by the abritrators may be entered in any court having 7 jurisdiction thereof. g (b) The Federal Procurement •Regulations shall be used where applic- 9 able to define, resolve, and settle procurement issues. 10 19. Stop Work: City may stop work on City's transportation system upon 11 forty-eight (48) hours written notice to M&0. City shall be liable for all 12 relevant costs incurred prior to the stop-work period and for restart, if any. 13 City shall be obligated for the costs including severance for personnel assigned 14 to City's transportation system for a period not to exceed four (4) weeks • 15 after the stop work goes into effect. M&0 shall make all reasonable efforts 16 to minimize costs to City. 17 20. Termination: 18 (a) City may terminate the Agreement upon ninety (90) days' written 19 notice to M&0 and shall be liable for costs and a prorate of the fee as spe- 20 cified under the heading "Price Formula" accrued to date of termination and 21 for all other termination costs. In the event the Agreement is terminated, 22 all pertinent data prepared for the project shall be made available to City 23 without additional cost. 24 I (b) In the event City is delinquent in paying M&0 by more than 25 ;fifteen (15) calendar days and has received a statement by certified mail of I 26the delinquency from M&0, then M&0 may serve, by certified mail, a notice of quent 27 'its intent to suspend operations at least seven (7) calendar days subse I " i. -6- i 1 to the receipt of notice by City. If City does not correct the delinquency or 2 if the parties do not agree to arbitrate the dispute under the provisions of 3 this Agreement, then M&O may suspend operations without further notice or 4 penalty on the date indicated by the notice. 5 21. Communications: All notices hereunder and communications with 6 respect to this Agreement shall be effective upon the mailing thereof by 7 registered or certified mail, return receipt requested, and postage prepaid to 8 the persons named below: 9 If to M&0: Contract Adminstrator COMMUNITY TRANSIT SERVICES, INC. 10 Suite D 2121 West Crescent Avenue 11 Anaheim, California 92801 12 With copy to: Vice President, Operations North COMMUNITY TRANSIT SERVICES, INC. 13 Suite D 2121 West Crescent Avenue 14 Anaheim, California 92801 15 If to City: City Manager • CITY OF ATASCADERO 16 Post Office Box 747 17 6501 Palma Avenue Atascadero, CA 93422 18 22. Information and Documents: All information, data, reports, records, 19 maps, survey results as are existing, available, and necessary for carrying 20 out the work as outlined in Exhibit "A" hereof, shall be furnished to M&O 21 without charge by City, and City shall cooperate in every way possible in the 22 carrying out of the work without undue delay. 23 23. Proprietary Rights: All inventions, improvements, discoveries, 24 proprietary rights, patents, and copyright made by M&O under this Agreement 25 shall be made available to City with no royalties, charges, or other costs , 26butshall be owned by M&0. A11 manuals prepared by M&O under this Agreement i 27 shall be made available to City at no charge but shall be owned by M&O and 0 i I -7- I shall not be copied, disclosed, or released by City or City's representative • 2 or participating organization without prior written consent of M&0. Reports 3 are excluded from this provision, and shall be owned by City. M&O, however, 4 shall have the right to print and issue copies of these reports. M&O may make 5 presentations and releases relating to the project. Papers and other formal 6 publications shall be approved by City before they are released. 7 24. Force Majeure: 8 (a) M&O shall not be held responsible for losses, delays, failure 9 to perform, or excess costs caused by events beyond the control of M&0. Such 10 events may include, but are not restricted to, the following: Acts of God; 11 fire, epidemics, earthquake, flood, or other natural disaster; acts of the 12 government; riots, strikes, war, or civil disorder; unavailability of fuel. 13 (b) The Agreement shall be subject to immediate renegotiation for 14 an equivalent price increase and/or reduction in scope in the event that the • 15 inflation rate, as measured by the cost of living index, exceeds a rate of 16 ten percent (10%) per year. 17 25. Shortages and Delays: In the event that City fails to provide or 18 delays providing items as herein provided, in the number and size required, 19 then M&O shall not be responsible for any delays or resulting decline in the 20 quality of service. 21 26. Emergency Procedures: In the event of a major emergency such as 22 an earthquake, dam failure, or man-made catastrophe, M&O shall make transpor- 23 tation and communication resources available to the degree possible for 241emergency assistance. If the normal line of direct authority from City is 25j intact , M&O shall follow instruction of City. If the normal line of direct 26 !, authority is broken, and for the period while it is broken, M&O shall make i 2Vjbest use of transportation resources following to the degree possible the i r I direction of an organization such as the police, Red Cross, or National 2 Guard, which appears to have assumed responsibility. Emergency uses of • 3 transportation may include evacuation, transportation of injured, and move- 4 ment of people to food and shelter. M&0 shall be reimbursed in accordance 5 with the normal "Price Formula" and "Payment" or, if the normal method does 6 not cover the types of emergency services involved, then on the basis of 7 fair, equitable, and prompt reimbursement of M&0's actual costs. Reimburse- 8 ment. for such major emergency services shall be over and above "Maximum 9 Obligation" of this contract. Immediately after the emergency condition 10 ceases, M&0 shall reinstitute normal transportation services. 11 27. Audit: M&O shall permit the authorized representatives of City, the 12 U.S. Department of Transportation, and the Comptroller General of the United 13 States to inspect and audit all data and records of the contractor relating to 14 performance under this Agreement. M&O operates on a four-four-five week 15 accounting cycle which is acceptable to City. • 16 28. Transportation Data Reporting: M&O shall report transportation data 17 to City in accordance with Level C of the Uniform Financial Accounting and 18 Reporting Elements (FARE) as required under Section 15 of the Urban Mass 19 Transportation Act of 1964 as amended and the California Public Utilities 20 Code, Chapter 4, Section 99243. 21 29. Licenses: A license and a Certificate of Public Convenience and 22 Necessity to operate in accordance with this Agreement are hereby granted to 23 M&0. Any franchise or business license fees that City might ordinarily require 24 �, for operation in accordance with this Agreement are hereby expressly waived i 25 !1 by City. 26d 27 �I i -9- I I� 1 . 1 30. Workers' Compensation: M&O certifies that it is aware of the 2 provisions of the Labor Code of the State of California which require every 3 employer to be insured against liability for Workers' Compensation or to 4 undertake self-insurance in accordance with the provisions of that Code, and 5 it certifies that it will comply with such provisions before commencing the 6 performance of the work of this Agreement. 7 31. General Insurance: Throughout the term of this Agreement, M&0 8 shall procure and maintain a Five Million Dollar ($5,000,000) general business 9 liability and umbrella insurance policy. M&O shall name City as additional 10 insured on this policy and shall provide City with a copy. 11 32• Vehicle Insurance: M&0 shall provide or insure that others pro- 12 vide insurance coverage for losses of and damage by all vehicles used in the 13 program. Any losses or damages not covered by insurance shall be an obli- 14 gation of City and not, under any circumstances, of M&0. M&O shall insure • 15 that City is named as additional insured under the policy covering the buses 16 used in this program and shall provide City with a copy of the policy. 17 33. Fidelity Bond: During the period of time this Agreement shall be 18 in effect, M&0 shall cause its staff personnel to be covered under an appro- 19 priate bond protecting City from employee theft up to the amount of Twenty- 20 Five Thousand Dollars ($25,000) with respect to any one occurrence by M&O 21 employees -y ( em P 22 34. Nondiscrimination: 23 (a) In connection with the execution of this Agreement, M&O shall not 24ijdiscriminate against any employee or applicant for employment because of I 25 / 26 / 27 / -10- i �1 1 age, race, religion, color, sex, or national origin. M&O shall take affirma- 2 tive actions to insure that applicants are employed, and that employees are 0 3 treated during their employment, without regard to their age, race, religion, 4 color, sex, or national origin. Such actions shall include, but not be l 5 limited to, the following: employment, upgrading, demotions or transfer; 6 recruitment or recruitment advertising; layoff or termination; rate of pay 7 or other forms of compensation; and selection for training, including appren- g ticeship. 9 (b) M&O shall also comply with the requirements of Title VI of the 10 Civil Rights Act of 1964 (P.L. 88-352) and with all applicable regulations, 11 statutes, laws, etc. , promulgated pursuant to the civil rights acts of the 12 state and federal government now in existence or hereafter enacted. Further, 13 M&O shall also comply with the provisions of Section 1735 of the California 14 Labor Code. 15 35. Minority Business Enterprise: In connection with the performance* 16 of this contract, M&O will cooperate with City in meeting City's commitments 17 and goals with regard to the maximum utilization of minority business enter- 18 prises and will use its best efforts to insure that minority business enter- 19 prises shall have the maximum practicable opportunity to compete for sub- 20 contract work under this contract. 21 36. Cross-Hiring of Employees, Officers, Members: 22 I (a) During the term of this Agreement, M&O shall not hire any I 23 ', supervisory employee of City, or former supervisory employee of City without 24 !:Prior written approval of City. City shall not hire any employee or former i ii 25 'employee of M&O without prior approval of M&0. Only former employees who 26 !have terminated their employment with one of the parties within a year prior I 27 J/ it ;� i 1 period shall be a "former employee" or a "former supervisory employee" as 2 referred to above. 3 (b) During the term of this Agreement, neither party shall hire 4 any present or former officer, shareholder, or member of the other party 5 without the express written approval of the other party. 6 (c) After the expiration or termination of this Agreement, City 7 or M&0's successor, shall be permitted to hire any M&O employee previously 8 employed on this program. At that time, in hiring an M&O employee or a 9 former M&O employee, City shall insure and require that employment process 10 fairly treat the ex-M&O employee as a member of the general public with no 11 discrimination, no waiver of job advertising, no consideration of M&O 12 employee's seniority, and no other privilege different from that accorded to 13 members of the general public. 14 37• Interest of Members of or Delegates to Congress: No member of or 15 delegate to the Congress of the United States shall be admitted to any share 16 or part of this contract or to any benefit arising therefrom. 17 38. Prohibited Interest: No member, officer, or employee of City 18 during his/her tenure or one year thereafter shall have any interest, direct 19 or indirect, in this contract or the proceeds thereof. 20 39. Conflict of Transportation Interests: M&O shall not divert any 21 revenues, passengers, or other business from City's project to any taxi or 22 other transportation operation of M&0. 23 40. Transfer of Title to Equipment: Equipment and supplies purchased 24 by M&O as a direct-charge item in connection with the performance of this 251 Agreement shall become the property of City upon payment of invoice for that 26 equipment and supplies submitted by M&0. 271 / I, -12- 1 41. Headings: The headings or titles to sections of this Agreement are 2 not part of the Agreement and shall have no effect upon the construction or19 3 interpretation of any part of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 5 executed by and through their respective officers thereunto duly authorized 6 on the date written below their signatures. 7 CITY OF ATASCADERO COMMUNITY TRANSIT SERVICES, INC. 8 By: By: 9 Date: Date: if 10 Witnessed by: A 11 12 Date: Date: 13 Approved as to form: 14 15 Date: 16 Approved as to Content: 17 18 ate: Co- /7' �2 19 20 21 22 23 24 25 26 271 -13- i EXHIBIT A SCOPE OF WORK CITY OF ATASCADERO SYSTEM MANAGEMENT AND OPERATIONS The M&O will manage and operate the system in accordance with the policies and procedures established by the City, and with good manage- ment practice. The M&O will require its vehicle operators to assist those passengers needing it when boarding or leaving the vehicles. Management of day-to-day operations of the system will be vested in a location supervisor who will be well experienced in all aspects of transit operations. In addition, a responsible senior employee of M&0 will be available at all times, either by phone or in person, to make major decisions or provide coordination as necessary. The above individuals will be responsible for monitoring all aspects of the system operation. Included are ridership, quality of service, fare collection and accounting, attitudes, motivations, and performance of all personnel. Methods of improving system operations and service will be sought, and the results will be reported to the City along with any corrective actions which may have been taken. In no case will a corrective action which affects the nature, quality, or quantity of service be taken without first obtaining City approval. The system will operate between the hours of 7:30 a.m. and 6:00 p.m. , Monday through Friday. No service will be provided on Saturdays, Sundays or the following holidays: New Year's Day, Memorial Day, Inde- pendence Day, and Labor Day, Thanksgiving, or Christmas. M&0 will provide an average of twenty-two and one half (22.5) vehicle service hours per weekday and an average of 5,850 vehicle ser- vice hours per year. Charter services also will be provided when requested or approved by the City. . 4 COMMUNITY TRANSIT SERVICES, INC. A-1 C.S;'29 M&O will provide the properly trained supervisor, vehicle operators, controllers, and maintenance personnel needed to operate the system. Throughout the day, supply in terms of controllers and operators will be tailored to demand. In addition to operating the vehicles and the control center, M&O personnel will perform fare accounting, transfer revenue to the banking institution as directed, and collect data for periodic analysis. It is understood that the City will provide vehicles; all vehicle parts; vehicle licenses; fuel and oil; an operating local radio system with license; radio units installed in the vehicles; facilities for garaging the vehicles; vehicle cleaning; facilities for housing the control center; control center furniture and equipment; telephones; and janitorial services and supplies. M&O will provide insurance; maintenance administration; uniforms and physicals for vehicle operators. RECORDING AND REPORTING The following operations records shall be maintained by M&O in • compliance with Section 15 of the Urban Mass Transportation Act. (a) Daily ridership by vehicle (b) Daily ridership of wheelchair-bound passengers (c) Daily mileage by vehicle (d) Daily revenue by vehicle (e) Trip log from each vehicle operator (f) Dispatch records showing times for: (1) receipt of service requests _ (2) pickup assignment made (3) actual pickup (4) variance between promised times and actual pickup times (5) actual delivery of passenger (g) Daily record of stated trip purposes (h) Daily record of service requests not met and the reasons they were not met. A_2 COMMUNITY TRANSIT SERVICES, INC. i i . . A monthly operating report will be prepared which will summarize the data collected daily. This report will present the data by vehicle, service area, and total system basis. It will also include a statement of any existing or potential problems along with suggested solutions. RECRUITMENT AND HIRING M&0 shall recruit qualified personnel as needed to staff the opera- tion. Local personnel shall be utilized with the possible exception of the supervisor, who may transferred from another location. Each prospective applicant will undergo a series of tests to deter- mine the applicants ability and probable chances of success. Controller applicants' tests will include color vision, general personnel test, spatial perception, etc. Vehicle operators will undergo the personnel test and a check of their driving record. Knowledge of the service area, character, personality, etc. , will be evaluated. M&0 will also make arrangements for candidate vehicle operators to take the physical examination needed for Class II licenses. In determining personnel requirements, the dynamic and flexible nature of the specialized service must be considered. M&0 will deter- mine an appropriate mix of part- and full-time personnel to meet expected system demand and attempt to hire those employees. TRAINING M&0 will conduct a comprehensive training program for employees. Training will include such items as vehicle preoperations check, public relations, safety, defensive driving, first aid and CPR, radio procedures, forms, policies, and procedures. All system personnel will also receive M&0's comprehensive training dealing specifically with the transporting of the mobility-impaired. This includes an exclusive Em- pathy Training course dealing with the emotional, as well as physical, problems encountered by elderly and handicapped persons as they utilize public transit. F COMMUNITY TRANSIT SERVICES. INC. A-3 The initial training will be conducted in a classroom environment and in the vehicles. Lectures, audiovisuals, simulations, tests, and other techniques will be used to achieve a proper training. Safety will be stressed, and classes will be given by instructors accredited by the National Safety Council. All vehicle operators will be trained in all methods of operations so that maximum flexibility exists in the event of sickness and for efficiency. A continuing training/retraining and safety program is essential. This will consist of training new operators and controllers, and also the retraining of vehicle operators whose performance falls below standard. Safety and defensive driving will be a continuing education process throughout the program. Monthly safety meetings, on-board safe- driving checkouts, safety radio messages, posters, and other communica- tion techniques will be applied. The on-going program by the National Safety Council will be incorporated as part of this effort. . _ COMMUNITY TRANSIT SERVICES, INC. A-4 i COST SUMMARY July 1, 1982 TO June 30, 1983 I. Atascadero Location Name Direct Payroll Indirect Subtotal Maintenance Administration $ 1,120 $ 616 $ 1,736 Operators 28,115 15,463 43,578 Staff 10,900 5,995 16,895 Management 17,800 9,790 27,590 Subtotal $ 57,935 $ 31,864 $ 89,799 OPERATING EXPENSES Vehicle Maintenance Administration Travel. . . . . . $ 230 Uniforms . . . . . . 47 Reproduction . . . . . . . . . . ... . . . . . . . .. . . . .. .. . .. . . 270 Recruiting Supplies . . . . . . . . . . . . .. . . . . . . . . . . . . . 27 Travel/Petty Cash. . . . . . .. . 580 Vehicle Insurance .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,900 Physicals . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . 200 Supplies 130 Control Center Supplies. . . . . . . . . . . . . ... .. . . . . . . 800 Subtotal. . . . . . . . . . . . .. . $ 8,184 Cost 97,983 Fee 11,758 Price $109,741 Service Hours 5,850 Hourly Price $ 7.236 Monthly Price $ 5,617.33 Prepared by: MM/MLL Date: 3/16/82 Checked by: MLL Date: 4/15/82 Approved by: Date: ` - CONI'MUNITY TRANSIT SERN'ICES, INC. Page 1 of 17 CTS-26/1 I. VARIABLE COST SUMMARY July 1, 1982 to June 30, 1983 Atascadero - Present Level of Service Operating Costs $ 8,184 Management Costs 27,590 Staff Costs 16,895 Maintenance Administration 1,736 Vehicle Operators 1,245 Fee 11,758 TOTAL $ 67,408 $67,408 y 12 months = $5,617.33 Total Costs t 12 Months = Cost Per Month HOURLY COSTS Vehicle Operators $ 42,333 $42,333 5,850 = $ 7.236 Total Costs - Vehicle Service Hours = Hourly Costs Fixed Costs = $ 67,408 Variable Costs = 42,333 Total Costs = $109,741 +` COMMUNITY TRANSIT SERVICES, INC. Page 2 of 17 I ` COMPUTATION FOR PAID HOURS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager Supervisor, Controller, Lead Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk, Vehicle Operators, (Circle One) $ 550 $ 550 $ 550 $ 550 TOTAL $ 2,200 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 • Prepared by: MM Date: 3/2/82 COMMUNITY: TIUNSIT SERVICES, INC. Page 3 of 17 REV 1/82 MLL I COMPUTATION FOR PAID HOURS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, ervisor, Controller, Lead Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk, Vehicle Operators, (Circle One) 2,080 paid hours annually divided by 4 quarters = 520 First Quarter $ 7.50 per hour x 520 hours = $ 3,900 Second Quarter $ 7.50 per hour x 520 hours = 3,900 Third Quarter $ 7.50 per hour x 520 hours = 3,900 Fourth Quarter $ 7.50 per hour x 520 hours = 3,900 TOTAL $15,600 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 Prepared by: MM Date: 3/2/82 .� �•. COMMUNITY TRANSIT SERVICES, INC. Page 4 of 17 Prepared by: MMO Date: 3/2/82 LOCATION *Atascadero BACKUP CALCULATIONS • Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Clerk, Manager, Janitor, RoadSupervisor, Dispatcher, Lead Dispatcher, Supervisor, Controller, Tai antrolle , Vehicle Operators, (Circle One) Budget Period July 1, 1982 to June 30, 1983 Number days of operation 254 Number of Holidays 6 Hours of operation Mon-Fri 9:30 am to 6:15 pm = 8 hours per day Saturday am to pm = hours per day Sunday am to pm = hours per day COMPUTATIONS FOR SERVICE HOURS hours per weekday x weekdays x vehicles = hours hours per Saturday x Saturdays x vehicles = hours hours per Sunday x Sundays x vehicles = hours COMPUTATIONS FOR PAID HOURS 1 Employees per weekday x 8 hours per employee x 260 weekdays = 2,080 Employees per Saturday x hours per employee x Saturdays = Employees per Sunday x hours per employee x Sundays = TOTAL PAID HOURS REQUIRED Total Paid Service Hours . . . . . . . . . . . . . . . . . . . . . 2,080 Overtime 2 % of 2,080 Service Hours x 1.5=. . . . . . . . . . . . . . .. 62 Vehicle Inspection hours per vehicle x vehicles x days Fare Collection hours per vehicle x vehicles x days =. Safety Meetings 1 employees x 2 hours x 12 months = . . . . . . . . . . . . . . . . 24 Training of turnover of employees = employees x hours = . . . . .. . . . . . . .. . . . . . . . .. Non-billable hours % of service hours = . . . . . . . . . . . . . Retraining 12 hours x 1 employees =. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Deadhead hours x routes x days = . . . . Shuttle hours x routes x days = .. . . . . TOTAL PAID HOURS REQUIRED 2,178 '. COMMUNITY TRANSIT SERVICES, INC. Page 5 of 17 REV. 1/82 MLL • . I COMPUTATION FOR PAID HOURS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Supervisor, Controller, E d Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk, Vehicle Operators, (Circle One) 2,178 paid hours annually divided by 4 quarters 545 First Quarter $ 5.00 per hour x 545 hours = $ 2,725 Second Quarter $ 5.00 per hour x 545 hours = 2,725 Third Quarter $ 5.00 per hour x 545 hours = 2,725 Fourth Quarter $ 5.00 per hour x 545 hours = 2,725 TOTAL $10,900 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 Prepared by: M'm Date: 3/2/82 = COMMUNITY TR3tiSIT SER`'ICES, INC. I Page 6 of 17 -Prepared- by: ML Date: 3/2/8Z- LOCATION &tascadero BACKUP CALCULATIONS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Clerk Manager, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Supervisor, Controller, Lead Controller, Vehicle Operators, (Circle One) Budget Period July 1, 1982 to June 30, 1983 Number days of operation 254 Number of Holidays 6 Hours of operation Mon-Fri am to pm = hours per day Saturday am to pm = hours per day Sunday am to pm = hours per day COMPUTATIONS FOR SERVICE HOURS hours per weekday x weekdays x vehicles = hours . hours per Saturday x Saturdays x vehicles = hours hours per Sunday x Sundays x vehicles = hours COMPUTATIONS FOR PAID HOURS 1 Employees per weekday x 1 hours per employee x 254 weekdays = 254 Employees per Saturday x hours per employee x Saturdays = Employees per Sunday x hours per employee x Sundays = TOTAL PAID HOURS REQUIRED Total Paid Service Hours . . . . . . 254 Overtime of Service Hours x 1.5= . . . . . . . . . . . . . . . . Vehicle Inspection hours per vehicle x vehicles x days =. Fare Collection hours per vehicle x vehicles x days =. Safety Meetings employees x 2 hours x _ months = . . . . . . . . . . . . . . . . Training of turnover of employees = employees x hours = . . . . . . . . . . . . . . . . .. . . .. . Non-billable hours % of service hours = . . . . . . . . . . . . . Retraining 12 hours x employees =. . . . . . . . .. . . . .. . . . . . . . . . . . . . Deadhead hours x routes x days = Shuttle hours x routes x days = .. . . . . TOTAL PAID HOURS REQUIRED 254 r CONIMU ITY TRANSIT SERVICES, INC. Page 7 of 17 I COMPUTATION FOR PAID HOURS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Supervisor, Controller, Lead Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk, Vehicle Operators, (Circle One) 254 paid hours annually divided by 4 quarters = 64 First Quarter $ 4.25 per hour x 64 hours = $ 272 Second Quarter $ 4.25 per hour x 64 hours = 272 Third Quarter $ 4.50 per hour x 64 hours = 288 Fourth Quarter $ 4.50 per hour x 64 hours = 288 TOTAL $ 1,120 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 Prepared by: NL`1 Date: 3/2/82 4� Y C0�I1IL'NITY TRANSIT SERVICES, INC. Page 8 of 17 Prepared by: MLLS Date: 3/2/8720F LOCATION &tascadero BACKUP CALCULATIONS • Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Clerk, Manager, Janitor, Road Supervisor, Dis atcher, Lead Dispatcher, Supervisor, Controller, Lead Controller, vehicle Operators, (Circle One Budget Period July 1, 1982 to June 30, 1983 Number days of operation 254 Number of Holidays 6 Hours of operation Mon-Fri 8:45 am to 3:00 pm = 6.28 hours per day Saturday am to pm = hours per day Sunday am to pm = hours per day COMPUTATIONS FOR SERVICE HOURS hours per weekday x weekdays x vehicles = hours hours per Saturday x Saturdays x vehicles = hours hours per Sunday x Sundays x vehicles = hours COMPUTATIONS FOR PAID HOURS 1 Employees per weekday x. 6.28 hours per employee x 254 weekdays = 1,596 Employees per Saturday x hours per employee x Saturdays = Employees per Sunday x hours per employee x Sundays = TOTAL PAID HOURS REQUIRED Total Paid Service Hours 1,596 Overtime 2 % of 1,596 Service Hours x 1.5=. . . . .. . . . . . . . . . . . 48 Vehicle Inspection .25 hours per vehicle x 1 vehicles x 255 days 64 Fare Collection hours per vehicle x vehicles x days =. Safety Meetings 1 employees x 2 hours x 12 months = . . . . . . . . . . . . . . . . *24 Training .25 % of turnover of 1 employees = .25 employees x 40 hours= *10 Non-billable hours % of service hours = . . . . . . . . . . . . . Retraining 12 hours x 1 employees =. . . . . .. . . . . . . . . . .. . . . . . . . . . . *12 Deadhead hours x _ routes x days = . . . . . . . Shuttle hours x routes x days = . . .. . . TOTAL PAID HOURS REQUIRED 1,754 k: *Fixed Costs COMMUNITY TRANSIT SERVICES, INC. Page 9 of 17 „ i I COMPUTATION FOR PAID HOURS . Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Supervisor, Controller, Lead Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk Vehicle Operators (Circle One) 1,754 paid hours annually divided by 4 quarters = 438.5 First Quarter $ 4.75 per hour x 438.5 hours = $ 2,083 Second Quarter $ 4.75 per hour x 438.5 hours = 2,083 Third Quarter $ 5.00 per hour x 438.5 hours = 2,193 Fourth Quarter $ 5.00 per hour x 438.5 hours = 2,193 TOTAL $ 8,552 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 Prepared by: MM Date: 3/2/82 Y COMMUNITY TRANSIT SERVICES, INC. Page 10 of 17 Prepared by: ML110, Date: 3/2/W LOCATION AEkAtaseadero BACKUP CALCULATIONS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Clerk, Manager, Janitor, Road Supervisor, D� d Dispatcher, Supervisor, Controller, Lead Controller, Vehicle Operators (Circle One) Budget Period July 1, 1982 to June 30, 1983 Number days of operation 254 Number of Holidays 6 Hours of operation Mon—Fri 7:30 am to 12:30 pm = 5 hours per day Saturday am to pm = hours per day Sunday am to pm = hours per day COMPUTATIONS FOR SERVICE HOURS hours per weekday x weekdays x vehicles = hours hours per Saturday x Saturdays x vehicles = hours hours per Sunday x Sundays x vehicles = hours COMPUTATIONS FOR PAID HOURS 1 Employees per weekday x 5 hours per employee x 254 weekdays= 1,270 Employees per Saturday x hours per employee x Saturdays = Employees per Sunday x hours per employee x Sundays = TOTAL PAID HOURS REQUIRED Total Paid Service Hours 1,270 Overtime of Service Hours x 1.5=. . . . . . . . .... . . . .. Vehicle Inspection .25 hours per vehicle x 1 vehicles x 254 days =. 64 Fare Collection hours per vehicle x vehicles x days =. Safety Meetings 1 employees x 2 hours x 12 months = . . . . . . . . . . . . . . . . *24 Training - .25 % of turnover of 1 employees .25 employees x 40 hours = . . . . .. . . .. . .. . . . . .. .. .. . *10 Non—billable hours % of service hours = Retraining 12 hours x 1 employees =. . . . . . . . . . . . . . . . . . . . . . . .. . . . *12 Deadhead hours x routes x days = Shuttle hours x routes x days = . . . . . . . TOTAL PAID HOURS REQUIRED 1,380 *Fixed Costs r COMMUNITY TRANSIT-SERVICES, INC. Page 11 of 17 I •COMPUTATION FOR PAID HOURS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Supervisor, Controller, Lead Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk, Vehicle Operators (Circle One) 1,380 paid hours annually divided by 4 quarters 345 First Quarter $ 4.25per hour x 345 hours = $ 1,466 Second Quarter $ 4.25 per hour x 345 hours = 1,466 Third Quarter $ 4.25 per hour x 345 hours = 1,466 Fourth Quarter $ 4.50 per hour x 345 hours = 1,553 TOTAL $ 5,951 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 Prepared by: MM Date: 3/2/82 R' CONI' iLNITY TRANSIT SERVICE`, INC. ° Page 12 of 17 Prepared by: ML Date: 3/2/ LOCATION 9Atascadero BACKUP CALCULATIONS • Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Clerk, Manager, Janitor, Road Supervisor, Dis er Lead Dispatcher, Supervisor, Controller, Lead Controller, ehicle Operators, (Circle One) Budget Period July 1, 1982 to June 30, 1983 Number days of operation 254 Number of Holidays 6 Hours of operation Mon-Fri 12:30 am to 6:15 pm = 5-3/4 hours per day Saturday am to pm = hours per day Sunday am to pm hours per day COMPUTATIONS FOR SERVICE HOURS hours per weekday x weekdays x vehicles = hours hours per Saturday x Saturdays x vehicles = hours hours per Sunday x Sundays x vehicles = hours COMPUTATIONS FOR PAID HOURS 1 Employees per weekday x 5.75 hours per employee x 254 weekdays = 1,460 • Employees per Saturday x hours per employee x Saturdays = Employees per Sunday x hours per employee x Sundays = TOTAL PAID HOURS REQUIRED Total Paid Service Hours 1,460 Overtime of Service Hours x 1.5=. . . . . . . . . . . .. . ... Vehicle Inspection .25 hours per vehicle x 1 vehicles x 254 days 64 Fare Collection hours per vehicle x vehicles x days = Safety Meetings 1 employees x 2 hours x 12 months = *24 Training .25 % of turnover of 1 employees = .25 employees x 40 hours = . . . . . .. . . .. . . . . .. . .. . .. *10 Non-billable hours % of service hours = . . . . . . . . . . . . . Retraining 12 hours x 1 employees =. . . . .. . . . .. .. .. . •. . . . . . .. *12 Deadhead hours x routes x days = . . . . . . Shuttle hours x routes x days = . . . .. . . TOTAL PAID HOURS REQUIRED 1,570 *Fixed Costs f COMMUNITY TRANSIT SERVICES, INC. ` .4 Page 13 of 17 I COMPUTATION FOR PAID HOURS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Supervisor, Controller, Lead Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk, Vehicle Operators, (Circle One) 1,570 paid hours annually divided by 4 quarters 392.50 First Quarter $ 4.25 per hour x 392.50 hours = $ 1,668 Second Quarter • $ 4.25 per hour x 392.50 hours = 1,668 Third Quarter $ 4.25 per hour x 392.50 hours = 1,668 Fourth Quarter $ 4.50 per hour x 392.50 hours = 1,766 TOTAL $ 6,770 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 Prepared by: MM Date: 3/2/82 CO�I�iCNI'rY TRANSIT SERVICES, INC. �a- Page 14 of 17 Prepared by: Date: 3/2/ LOCATION Wascadero BACKUP CALCULATIONS • Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Clerk, Manager, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Supervisor, Controller, Lead Controller, Vehicle Operators, I (Circle One) Budget Period July 1, 1982 to June 30, 1983 Number days of operation 254 Number of Holidays 6 Hours of operation Mon-Fri 11:30 am to 5:30 pm = 6 hours per day Saturday am to pm = hours per day Sunday am to pm = hours per day COMPUTATIONS FOR SERVICE HOURS hours per weekday x weekdays x vehicles = hours hours per Saturday x Saturdays x vehicles = hours hours per Sunday x Sundays x - vehicles = hours COMPUTATIONS FOR PAID HOURS 1 Employees per weekday x 6 hours per employee x 254 weekdays = 1,524 • _Employees per Saturday x hours per employee x Saturdays = Employees per Sunday x hours per employee x Sundays = TOTAL PAID HOURS REQUIRED Total Paid Service Hours 1,524 Overtime % of Service Hours x 1.5=. .. . . .. . . . . . . . .. . Vehicle Inspection .25 hours per vehicle x 1 vehicles x 254 days = 64 Fare Collection hours per vehicle x vehicles x days = Safety Meetings 1 employees x 2 hours x 12 months = . .. . . . . . . . . . . . . . *24 Training .25 % of turnover of 1 employees = . 25 employees x 40 hours = *10 Non-billable hours % of service hours = . . . . . . . . . . . . . Retraining 12 hours x 1 employees =. . . . . . . . . . . . .. . . . . .. . . . . .. . . *12 Deadhead hours x routes x days = . . . . . Shuttle hours x routes x days = . . .. . . TOTAL PAID HOURS REQUIRED 1,634 *Fixed Costs ` COMMUNITY TRANSIT SERVICES, INC. • Page 15 of 17 i I COMPUTATION FOR PAID HOURS Lead Mechanic, Mechanics Helper, Mechanic, Clerk, Vehicle Washer, Regional Manager, Supervisor, Controller, Lead Controller, Janitor, Road Supervisor, Dispatcher, Lead Dispatcher, Clerk, Vehicle Operators (Circle One) 1,634 paid hours annually divided by 4 quarters = 408.50 First Quarter $ 4.00 per hour x 408.50 hours = $ 1,634 Second Quarter • $ 4.25 per hour x 408.50 hours = 1,736 Third Quarter $ 4.25 per hour x 408.50 hours = 1,736 Fourth Quarter $ 4.25 per hour x 408.50 hours = 1,736 TOTAL $ 65842 LOCATION Atascadero BUDGET PERIOD: July 1, 1982 TO June 30, 1983 Prepared by: MM Date: 3/2/82 �' '' COMMUNITY TR.-kNSIT SERVICES, INC. Page 16 of 17 M E M O R A N D U M • � 1 TO: City Council FROM: City Manager .'SUBJECT: Request of Wally Dunn for "will serve" letter The attached documents bear on the request of Mr . Dunn for a "will serve" letter for a project he wishes to qualify for Farmers Home Ad- ministration funding. The matter has been discussed with Mr . Dunn at some length. The general comments of the Planning Director and Public` Works Director as indicated in their August 4th memo have been ex- pressed in general terms by me in conversation with Mr . Dunn, In my conversation with Mr . Dunn, I indicated that, from Staff' s standpoint, while we appreciate his desire to secure a favorable Far- mers Home Administration loan particularly in view of the fact that such loans will probably not be forthcoming after October of this year , we could not recommend to the Council a "will serve" letter or other indication of approval at this time. Authorizing sewer °connec- tions in face of present uncertainties as to the impacts of additional connections to the sewer system and without carefully considered pri- orities and/or annexation policies seems ill-advised in order to avoid committing plant capacity to properties outside of the Improvement District or Sanitation District. Furthermore, we must cope with the Water Quality Control Board' s cease and desist order as indicated on • the attached memo. Because of these factors, the Staff feels that it is premature for the City to make a commitment of the nature requested by Mr . Dunn; and therefore, recommends denial of his request. MU Y WARDEN M W:-.ad 8-5-82 -- 30-2'a _ ! i L.W.D., INC. ,, a.. y j _ I 1731 San Fernando Rd. Atascadero, California 93422 • QALLACE E. DUNN PRESIDENT (805) 466-5040 July 30, 1982 Mr. Murray Warden City Manager City of Atascadero Atascadero, Ca. 93422 ,Dear Murray, This letter will serve as my request for a hearing on the August 9, 1982 City Council meeting. This request pertains to a potential 48 unit rental housing project to be constructed on Morro Bay Road which is in the Sanitation District at large, not in District 1. Ralph McCarthy will make a presentation on the project which is • similar to the recent project I presented for North E1 Camino on the Pentacostal Church property. This new site is west of the Christian Church. The purpose of this presentation to- the Sanitation Board (City Council) is a request for a "Will Serve on this project in order to receive the loan approval from FMHA. This site already has a building layout which will be presented. This is the last opportunity for this available loan to be taken advantage of for low rent housing that the city needs in view of its low vacancy rate. Sincere Y, `14Lt„u� Wallace E. Dunn WED: la cc: Barbara Norris City Clerk REAL ESTATE CONSULTANT—DEVELOPMENT • M E M O R A N D U M TO: CITY MANAGER August 4, 1982 FROM: PLANNING DIRECTOR AND PUBLIC WORKS DIRECTOR BJECT': Request by Wallace Dunn for "will-serve" letter for 48 unit rental housing project on Morro Road. It is inappropriate to consider or approve Mr . Dunn' s request or to authorize any other similar commitment to the specific project being proposed for the following reasons: 1) An application for the project has not been submitted to the Plan- ning Department making normal review procedures, including re- quired public hearings, impossible. The granting of any commit- ment would circumvent the intent of those hearings precluding necessary and appropriate public input. • 2) The project proponent has not submitted plans (even for prelim- inary review or comment) or any other information to the Staff - including such routine information as the location of the site. As a result, it is impossible to provide any reasonable evalua- tion of the project from a planning and zoning perspective. 3) The general area in which the project is proposed is designated Suburban Single Family Residential which would not allow a pro- ject of the density requested without amending the General Plan. 4) The general area in which the project is proposed is located out- side of the Urban Services Line. 5) The general area in which the project is proposed is zoned R-A and A-1-1 1/2, neither of which would allow a project of the den- sity requested with a change of zone. 6) The Planning Department has been contacted by others in similar circumstances (higher density projects outside of the Improvement District No. l or the Sanitation District) who would like commit- ments such as that being requested by Mr . Dunn. It would seem difficult to grant one request and deny the others. Furthermore, the cumulative effect of several of these projects could adversely affect existing and future sewer plant capacity. 7) Density of the project may not be appropriate to the size of the • collector line in Morro Road. Currently the Sanitation District does not have adequate record of unused capacity in the collector lines. This information is obtained by installing and monitoring line flow meters in the collector sewer lines, and certainly this 0 0 48 Unit Rental Housing Project on Morro Road information would be required prior to making a positive recom- mendation on extending the service area that affects these lines. • 8) The design of the new wastewater treatment plant accounts for pro- jected expansion of sewer use within the Sanitation District to the year 1990. Any extensions of Improvement District No. 1 should be accomplished only by assuring that treatment capacity is available to property within the Improvement District. This means that annexations should consider a buy-in of future treatment plant capacity by those requesting the annexation. Presently these buy-in costs have not been determined. 9) The City should set priorities on connections to the sewer system based on existing obligations. First priority should be to those areas within Improvement District No. l that currently do not have sewer service. Second priority should consider the three un- sewered areas that are under a cease and desist order of the Reg- ional Water Quality Control Board. This order directs the City to have areas of septic tank failures identified in the order to be connected to sewers commencing by five years after the start of construction of the new wastewater treatment plant. Third prior- ity should be expansion of Improvement District No. l to provide sewers to parcels where septic failures have occurred or where new development would be reasonably served by sewers. Of course, all the above priorities should consider capacity of existing lines as well as the necessity of future expansion of the treat- ment facilities. • Staff would be remiss if it did not point out that there have been several recent controversial hearings with considerable public opposi- tion to projects with higher densities encroaching into lower density single family areas. This project appears to fall into that category. The granting of a "will-serve" letter or other similar commitment to a specific project could well be perceived as a "project approval" mak- ing legally mandated hearings an after-the-fact procedural charade. Approvals or similar commitments should not be made without following proper procedures . As a matter of additional information, several months ago the Planning Director discussed four or five possible sites for this project with Mr . Dunn prior to his submittal of a general plan amendment applica- tion for the El Camino Real location. All of the sites had problems with zoning and/or general plan designation and/or sewer connection capability. Mr . Dunn was provided with preliminary comments on each • 2 48 Unit Rental Housing Project on Morro Road • of the sites and he chose the El Camino site. At that time it was suggested that he seek more appropriate sites without those aforemen- tioned difficulties. If time is so critical to salvaging this ro- ject, then it seems that a site with appropriate general plan andzon- ing and with the ability to connect to the sewer would be a better al- ternative than circumventing existing procedures and regulations. 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