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HomeMy WebLinkAboutAgenda Packet 06/14/1988 C 1DY I L.;?.' S A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING FOURTH FLOOR, ROTUNDA ROOM JUNE 14, 1988 RULES OF PUBLIC PARTICIPATION: ' Members of the audience may speak on any item on the agenda. A person may speak for five ( 5 ), minutes . No may speak for a second time; until everyone wishing to speak has had an opportunity to do so. No one may speak more than twice on any item. Council Members may question any speaker; the speake.r may respond, but, after the allotted time has expired, may not initiate further discussion. The floor will then be closed to public participation and open for Council discussion. Call to Order` Pledge of Allegiance Roll Call City Council Comment: ' * Plaque Presentation to Exiting Council Members Norris, Handshy & Bourbeau ** Swearing in of Newly Elected Council Members Shiers , Dexter, and Lilley ** Council Discussion Regarding Appointment of the Mayor Position and Term a ** Proclamation Acknowledging June, 1988 as "ZOO AND AQUARIUM MONTH" � j COMMITTEE REPORTS: (Approximate Time 7 :30 P.M. ) (The following represents Ad Hoc or Standing Committees . Informative status reports will be given, as felt necessary. ) 1 . City/School Committee 7 Pavilion Committee 2 . North Coastal Transit 8 . Police Facility Committee , 3 . San Luis Obispo Area 9 . Atascadero Lake Acquisition Coordinating Council Committee 4 . Traffic Committee 10 . Tree Committee 5 . Solid/Hazardous Waste11 . Bicentennial Committee Management Committee 6 . Economic Opportunity Commission COMMUNITY FORUM (Approximate Time - 7: 45 P.M. ) The City Council values and encourages exchange of ideas and comments from you the citizen. �► The 'Public Comment Period is provided to receive comments from the public on matters other than scheduled agenda items To increase the effectiveness of Community Forum, the following rules will be enforced: 'A maximum of 30 minutes will be allowed for Community Forum, unless Council authorises an extension. All remarks shall be addressed to' Council , ' as a who'e, and not to any individual member thereof . * No person shall be permitted to make slanderous , profane or personal remarks against any Council Member or staff Any person desiring to submit written statements may do so by forwarding to Council , prior to the Council Meeting, nine ( 9 ) copies to the City Clerk by 5: 00 p.m. on the Wednesday precedi,g the Council Meeting. A. CONSENT CALENDAR: (Approximate Time_ - 8 : 00 P.M. ) 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 cii `these items . A member of the Council or public may, by reque-st,' have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1 . Approval of the May 24 , 1988 Regular Council Minutes 2 2 . Approval of the May 23 , 1988 Special Council Meeting Minutes 3 . Approval of the ;June 3 , 1988 Special Council Meeting Minutes 4 . Authorization to Begin Planning Commission Recruitment for Four Expiring Terms (Bond, Kidwell, Michielssen,' and Nolan) 5 . Authorization to Begin Recruitment for New Traffic Committee Member 6 . Proposed Use Permit Renewals : A. "Duck Hut" Concession (Atascadero Lake Park) Operator Richard Oswald - F.Y. 1988/89 Lease., B. "Pop' s Tackle Shop" Concession (Atascadero Lake Park) - Operator` - Richard Oswald - Month-to- Month Tenancy C. "Tiki Hut" Concession (Charles Paddock zoo) - Operator - Zoological Society - F.Y. 1988/89 Lease 7 . Approval of Tentative Parcel -Map, 7-88 9550 Laurel. Rd Proposed Subdivision of 10 . 44 Acres into Two Parcels of 3 . 66 « 6 . 78 Acres ti - white/Twin Cities Engineering 8. Approval of Tentative Parcel Map 9-88 4800 San Jacinto Ave - Proposed Subdivision of 2 . 04 Acres with Existing Development into; Two Parcels of 1 . 04 and 1 . 00 Acres a - Palmer/Cuesta. Engineering 9 . Authorization to Solicit Bids - Dial-A-Ride Services 10 . Acceptance of Final Lot Line Adjustment 12-87 7503 Carmelit,a/7505 Curbaril Bench/Stanley/Central Coast Engineering 11 . Acceptance of Final Tract Map 21-86 - Santa Lucia Lomitas Roads Millhollin/Tartaglia 12 . Acceptance of Final Tract Map 36-86 - 5200" Llano Road Drake/Cuesta Engineering 13 . Acceptance of Final Parcel Map 2-88 10705 Santa :'dna Road- Dohan/Twin Cities Engineering 3 B. HEARINGS/APPEARANCES/REPORTS: (Approximate Time - 8: 10 P.M. ) 1 . Business Licence Amendments : A. Public `Hearing B. Ordinance 174, Amending Ordinance 138, Business License Ordinance and Centralizing the Administration of in the City Finance Department (FIRST READING) (Approximate Time -8 : 20 P.M. ) 2 . Clarification of Minimum Required Lot Size in the LSF-X and <RSF-X Zones ( 20 , 000 Square Foot Lots) A. Public Hearing B . Ordinance 175 - Proposed Extension of Urgency Ordinance 154 - Amending the Zoning Ordinance by Clarifying the Minimum Lot Size` in LSF-X & RSF-X Zones, as Requiring a Net Minimum; Land Area of 20,000 Square Feet with Sewer (Excluding Land Area Needed For Street Right-of.-Way Whether Publicly or Privately Owned) (FIRST AND ONLY BEADING) BREAK - 8 : 35 ( 15 MINUTES ) C. UNFINISHED BUSINESS: (Approximate Time - 8: 50 P .M. ) 1 . Authorization to Award Bid for Play Equipment" at the Traffic Way Park to Miracle Recreation Equipment Co. - $4, 979 . 00 (Cont' d from 5;10/88 ) (Approximate Time - 8: 55 P .M. ) 2 . authorization to Award Bid 88-6 for a Two Year Grounds Maintenance Service to Frank Grim Mowing Service u62;, 284 (Cont' d from ,5/10/88 ) , (Approximate Time - 9 : 00 P.M. ) 3 . Authorization to Award . Bid #-88-7 for Irrigation Supplies for Traffic Way Park to Smith Pipe - $7 , 957 . 46 (Cont' d from 5/10/88 ) (Approximate Time - 9 : 05 P .M. ) 4 . ORDINANCE 173 - Amending the Existing LS ( Special Recreation Zoning to RSF-Y ('Residential Single Family, 1 Acrewith Sewer, 1-1/2 Acre Without Sewer Minimum - 7445 Cortez - Larson/Twin Cities Engineering - ( SECOND AND FINAL READING) (Cont' d from 5/24/88) 4 (Approximate Time - 9 : 10 P .M. ) -5 . `City Surplus Property Located on Traffic Way - 'Report on Purchase Negotiations with William Carroll, High Bid Received` (Cont'd from 5/24/88) D. NEW BUSINESS: (Approximate Time - 9 :15 P.M.;) 1 . Audit Committee Recommendations Regarding the Appointment of an Accounting Firm to Perform the City and Sanitation District F.Y. 1987/88 Audit (Approximate Time - 9 :30 P .M. ) 2 . Resolution ;38-88 Revision to Resolution 21-87, Parks and Recreation Department Fees for Usage of Recreataon Facilities & Written Procedures for Facility Rental (Approximate Time - 9,:45 P .M ), 3-. School District Request for Recreation Department Sponsored "After School Program" at Santa Margarita School E. ATASCADERO SANITATION DISTRICT (Approximate Time - 10 : 00 P .M. ) 1. Resolution 39-88 Proposed Sewer Annexation - Lot 2 , Block Block 1 (El Corte Road) & Incorporating the Area into the Boundaries of Sanitation Improvement District ?1 (Approximate Time - 10 :05 P .M. ) 2 . Resolution 40-88 Proposed Sewer Annexation - Lot 6 , Block NC (`San Jacinto Avenue) & Incorporating the Area into the Boundaries of Sanitation Improvement District ='4 (Approximate :Time - 10 : 10 P.M. ) 3 . Status on Bid Results: - Wastewater` Treatment Plant Building (Cont' d from 5/10/88) 5 F. INDIVIDUAL DETERMINATION: (Approximate Time. - 10 : 15 P .M;. ) 1 . City Council A Appointment of City ` Representative to the County ' Solid/Hazardous Waste Management Advisory Committee 2 . City Attorney 3 . City Clerk 4 . City Treasurer -5 . City Manager A. Budget Study Sessions Suggested for Week of July 5 6 MEETING ,,T AGENDA fi! DATE_..��; ��' ITEM ATASCADERO CITY COUNCIL I C:!-J I X31' rT? `l't. tC [7f I h� Ht.C, - Cdlle'd GrC',e[" '- - ar}d Mao1, L_,-,- 1 E �+ _ � �i P=:E✓il iii � � H,_. . _:�?, . !T,t Bud Cic Ha 1 e F :_, 1 �e COUNCIL_r,0M !ENTS Mawr f:��r r ; 4�~:h�c�unced that C 'unci 1 rr:et !! �_ . h��h-" tCJ tIi 1s ''! _ t .- ' - y p_ i c,.i~i r}r-� j no C t i . ._i TPF= , iiig rE�ya� r�1r; �� �,+ ' Coi l n,a7, apo l oo i _ed i - Ti@E'' �li'IC due tU bE'3nC1 c6v�'�. frO�l? the �it')' fOitj l Co!_I•hr: i lrroma,i f°la;. E:ey noted tht.• 0,,_ - 1 _ d3Y . nc i �:ti mar. Bu! tjCs v,� a A * r�r 1 r t-;_w � Co:a � que=-tiriq that citacE e, rE _,s Cpp0a,iti��h� aLltho! i tfle State, to withhoId thou= ; nc ta.t t . _ She ul gE"d C0mt u1!I'_'c341- 1 4 t,r,l t11`/tri c?!'l E! 1C" �E'd�"1.,_c3 I`�Ci COMMITTEE_`REPORTS - fJcne COMMUN I i_Y_FOF:UM Staff St",erwin, 6649 Sari Gabriel , commented or, the reed for im- pro, ed tel,nis courts at AHS ( additional IiC,trtino arld courts > , urging that Council work with the schools and consider this need during budget hearings . Wally Dunn, resident , urged Council ' s suPport regarding Mr . Sher win ' s comments . 1 111)tt�CJ �2 i 71 } / ?I i'- :. tI - ', r •l t "3 _O._. ] - lt'Ei l I.t. 111`: C SOULf'i �f -1s o ! tc, r f_;? ?01 1 u 3 1t c . 1 _ ��{�,_ k1•: HIcy,_L} 1r:Q 1' C1(., 1 c-,S t `. r, iF _� _ _. f e D F a 1,7 t t t ,t> Ci t`r r 1 ! _' _. d r5 TG., i- i 1 t7 -n 'i F.c ldE,l"iSi,,-�-i �;��-'i-.t_ .. -- .-.• _- �z the ±- 2 t t bo� 3; r ie-; ._:e>r. a i i d M!i =errs] ., ;i, t .! J A. CONSENT CALENDAR 1 . Approval of the May IQ. 198 3 r-egu,1ai-- CuutncI ? Vii:-rtes 2. Appy-oval of the Apr i11966 Treasurer ` s Report 3. Apprc•val of the April , 15'88 Finar:ce Departr. "-.k Re,::firt 4 . Approval of TPM 6-88 - 8+05 El Corte Ri. S h d ie;n t.)f 5.0 ac . into three parcels o7 1 .7, I .7/ andi' ac . Fob_ inson/Twin Cities Engin. 5. Denial of claim by Chubb G-oup Insura --ca Un behalf at Jane Betteneourt - Property damages Undetermined arw<r-Jnr 6. Denial of claim by Cal Farm Insurance on behalf of' -Craic Prescott - Personal & prope,-ty damage` - Undeter-rl;ined artiounit 7. Authorization to begin recr-uitm-nt process - ot- foo-j - Pat-k N. Recreation Commissioners with e,:piriria terms B. Acceptance of Final LLA 15-87 - 9300 Carma 1 i to -- Hick,nan/. Holland/Cuesta Engineering 9. Acceptance of Final LLA 18-87 - 5505/55-99 Traffic Way - Gity of Atascadera 1-0u -�ci 1r 0ITan B0.-ge50n pui 1er_i Its Motion: By Coarct i 1 rr,arc BourbEau o a._ ri,i nus #ter , seconded by Cr3urrc: i 1'wo(riar, Ifr or passed unan i rinorJs 1 y by 1-01 I-c a. 1 1 . yr Re: Item 4: Mr . Engen, Ccrmr�. Lle%. Dii- . j ya < <_ sta! f re o t Councilwoman Borgeson commented or, staff report havinc irrcii.c.ated, 2 t S E J C U C 7 I C'S E L P FD P o Motion: J tllcL c� crd t t f -f 1C-C4 L HEAR I NGS/APPEARANCEc/-R FR QR?F- I Report on Luna appeal 0 f La,, is tree r e r, a1 Heu. .1 $I(/Q refund (Cont ' d frorr: (:7 E L El L�j 1-,6 a z.c, a 0 + c, 7 —cn a h a ry, I Et e s feeling tha t citizens are disc-Du! acled from; Dop.�,a i ri� ac t onc, tj 1 t h i i-i their interest and that I t , s P CII-I 0 fl-I I c a 1 J difficult to , address the Council . B,�!-hal a Schoenike, I-esiocrit , spoke in support of the requested $1010 i-efund . Georc ,.? Highland , resident , in feeling the Luna ' s paid for a Pro- cess that wasn ' t granted , urged return Of the appeal fee based on Stubby Fasia , resident , expressed the appeal fee should not have been accepted by the City if it could not prevent subject trees f!-orn beino removed . Motion: By Councilwoman Borgeson to direct staff to refund the $100 appeal fee to the Luna ' s and offer an 3 d�.;Cs _ �y :r=:i -L) Co 111iC l 1m6 rl F'�)ji ea! Ziac. 2. 1988 Weed Abatement Program A. Publ is Fonar ing regarding abatement appeals B Auth . award Bic: #8R;-4 to Young Brothers C^r-st . -- CitW- wide weed C. Auth . award Bid # 8-4 tel L1=sc ' s L,.;�Nn S C,.1-dear Ca-,-e - I _Ci t.y-widP_ weed_ abatement_.cc rAraz t .`.aric`t�: c -1 cal"7" - :x,01 d 7cn- L=cth hard a ac to ..L.,rk Pub l i Comn-Ier t i= ri=itri. Id tEciS sL!eci iC a;C'aLFmE,):t r`E 11il"CT=ii r) .ii _ iduhomE could be Prot. .dc,. . ., dEz, T ofi 104 c,a 1�1 CL,s R:_ . , s _(iG,., i p 7i Ki;itel t _mm rE 1 0 e I IICt&LJ f at e _ _ a ba t notice= which inc ude adegj to i:-tfr; t pred I staff . Motion: By Coi;rrc 1mar. Bourbeau to at,-=_rd he wPe. abatemcllt contract , E''id #88-4 , incIurinq both hand and tractor- wore , to Young Bros . Const . , seconded by C'eunci 1wDmar, Borgeson; passed unanimou=_iy by of call . Motion: By C r,%_ 1 -1 fl; ac[Ic= : th-7,1: the Fir-e Chief or his author i :E?d re resentat ive be ordered to ahate re the nuisance of noxious or dangerous weeds on the lots identified in and pursuant to Res . 28-8e, seconded by Councilman Bourbeau; passed unanimously . 3. Lewis Ave. Bridge (Cont ' d from 5/10/88) A. Discussion regarding bridge alignment B. Auth. to enter into design agmt . w/John Wallace & Assoc. for Lewis Ave. Bridge Vehicular & Pedestrian Contracts - $56,000 (Conceptually approved at the 4/26/88 Council meeting) (Cont 'd from 5/10/88) C. Auth. to enter into design agmt. w/Tartaglia-Hughes for Lewis Ave. Bridge Street Connection Contract - $5,485 (Conceptually approved at the 4/26/BB Council Meeting) from. 5/10/88) 4 Mi- . Sensibaugh , Pub . Works Dir . , gave staff report , reviewing- at length the alternatives discussed by staff , Council and the AVSD Board at the special meetings held regarding this issue. Public Comment Rod in Dexter , resident , spoke in support of a bridge alignment which is iii concur-rence t-:ith the Gen. Plan, expressing publ is safet}' concerns and stronq opposition to the "S" curve alignment being proposed . George Highland , resident, expressed opposition to the "S" curve feeling it rei11 create additional traffic congestion, reithe- than relieve it . Bob l_.i l ley , resident , expressed opposition to this p oposai , sup:- porting an alignment which meets the goals of the original Gen. Plan commitment to relieve the circulation problem in a cost effective ria ✓ . Ernie Taylo! , 7650 Carmelita , speaking as a citizen rather than a representative of the School District , noted the prior meetings held for discussion of this issue and that ample time was pro- '.'3ded In hopes for public. Iri :1t . Of 4^d ich there .wa_ none. He referred to E3 ', candidates ' cc_,mment,€ on t hi= as " l lth hour hue and cry" . Robert Nimmo , resident , noted his attendance at the special Council /OUSD meetings, recalling he was the on!,,,, public member present to express his oppo=sition to the of o ;used realignment . He, noted , after becoming informed , that he has ar_cEpted the com- promise reached between the two entities and wonde,- s sjh t thiE: meetino is about . Barbara_ Reiter , resident , uroed that the PeIff= a Are , e?ntranc,­ to the Admin. Bldg . remain desjgnete-d as the front of the building . She supports a Palma Ave. , straight _line alignment , opposing the "S" curve . She also inquired about the width of the bridge, to which Mr . Sensibaugh responded . Doug Lewis, expressed concern that no mention has been made of the possible ultimate relocation of the Fire Dept . Gaylen Little, a co-owner of Century Plaza , expressed support for the proposed configuration, noting his same input at the special meetings. Lengthy Council and staff discussion ensued . Mr . Jorgensen, City Atty. , emphasized that the. current recommen- dation is the result of a compromise with the School District , which is not willing to accept a straight alignment . As long as 5 ('J( C=-t 1 1-iGt l ; rig to accept a F�tra.ight a11G=')t7tc-n± a this 1 o , the 1ty 5 o[:t: 101'15 to r'E'q re a 5tliu1C.'",t 11,gIit7„` i ar e ex i s emeIY 11mi teCi . Motion: By Counci 1woman Mackey t ho c ! ac-c&p' t p1-opos81 fl-Om John Wallace F_ Ass'_c for-- thc- v'eF i- cu l ar bridge and pedestrian br i r'��e _f $�6 , 01!0. ai)d the: pro-Qc'_.al frcr; c( t 3 } i1 1_t i i1E5 fot” the street connection irl the •3f:= rit, f $`i,:'1 J for a total e>�pcnditture of ?.=1 ,4 n, E *nded by Councilman Handshy passel 4 : 1 roll- cal l . w th Co1.lnci lwoman Borgeson opposed COUNCIL RECESSED FOR a f3REtaK FR0Y-1 9:40 TO 4. Proposed ZC 7-88 & LLA 1-88 7445 Cortez Rd . - Larson/Twig Cities Eng . A. Public Hearing B. Approval of Tentative LLA I-BE C. Ord. 173 - Revising the existing LS (Special Recrea- tion) zoning to RSF-Y (Residential Single Family, -- 1 -_ac. w/sewer ,_11_/2_ ac, _w/cutsewer (FIRST READiNG' . Mr Engen. Commun. Dev . Dir . ga, e staff -e_crt . _ Public Comment Russ Thompson, Twin C ties Enq i-e'puesteo L'ou-i-ic ; 1 '4 =m'a`t s*ated in staff ' s report . a Motion: By C;ounc 11woinan Bc.r r_.eson to re_.d 0- d only , seconded by Counci Iwo,i6n Pi ac ke,,• , 13rs = unanimously by r011-call. ma r 173 by title. that c, -� t 1 h -Fin ,} t " Motion: By rouncilman Bourbeau tha thi coa. 1t �re� � •� � first reading and approvai of rrci . 172. by Councilwoman Borges-on; passed Una nImouu; Y roll-call . Motion: By Counci lwoman Mac i ey to approve LLA 1-BB sLb j,ec-�t to the findings and condition- of appro ,,a) a. J � approval of ZC 7-SB as outlined 1n Oi-d. 173, sec- onded by Councilwoman Borgeson; passed unanimous- ly by roll-call . 5. Report on zon' na nuisance abatement alternatives Mr . Engen, Commun. Dev. Dir . , gave staff report. 6 Put l iC Corr; ,lent Dc:uo ..eeds . r e s i dEnt . "eouE,�it=d that the E r r`C• i pCiWCrs t ElitC'r pr 1'icitE pi C:tE" a!-Id ui Ye L1- e Ar-r` afrFhlde, esldhllt sI�;T,='i e7 -I StPfr fo. irig t_ =' Flu lSal"10E abaterr1ent P CC :`?J ..p-'_ !{E? e, { e s s C' _ t+'t_' tlti' Y!+ disposition of 1AIPf 0 .1 ideC prr,pc rt'w' , fat?ll 7F71:1 t h 4-7-- e= +Ta `` with the _alue of proper t 74 propera teat,+ it .hoi I d b diSP sed rD o-rsC<o it ' s procured Motion: By Cc;Unc i won a?i Do r Qes t: F ; t r,ra t tE. nU1sc?1-ICE' abat-&--it td bu1gE^t ctt_, rats ;ri g a7<r wh i C h t iaie i t c=r? r)e detE=i ;i ned wh tr.c'- art a 'v : should 6e estrblish_d tc1`C, - nUi �,a;`+ce ahat.e merit with Costs to be recouped p_'harnrc of lens aGairl�-_t F,'r'oper t J.e= f ) - - Clty C'tdEc_, , cer_onded by Cobi';_ Il(TI an passed unarlilru1:si 6. Report on Vista Rd. - Proposed developtuent and i:t=oact» . Q San Marcos Rd. � . r{r . Engen, Commun. De: . Dir . , 7a�'e staff r epor} - Public Comment Mike ArrambidE , Del Rio Rd . resident , express fS t a t r residino on a non-Cl t1'-ma l ntoi nee stree use—d as r i t f newly developed areas beyond thea ,_ notir.C, thi��� hay. e ful 1 liability for- tho=se road=- . HI, ,UI gtc trl at. 0J1r - sidEr the precede`-.t-set t1 :`t ilii i1c -3t.on •1t t'� L :o20 r Dr . Quinten Kopp ,- San Marcol --, Pdre idr~.4it . mss,cc tided., t!-re _C, On t z" of the previous speaker that =C)tsnc } 1 Yc `'.. cf_` `.5 rr <' E t 1+ 1 to reduce the numbed- of lots` s�.0 <, ��,sC z? ir: si � T�E�t - �7D aesthetic- and sept ni _ ; a . r D> consideration be given to yt 7r t I tv{s_JC!C.ct k� Hwy . 41 due to fire hazard. - - Ursula Luna , San Marcos-: Ra . t ti the previous spetiker that theeveelc,pe�- bEl Ell e;tLi11-e01 t.; join th> street maintenance district that_ •the :-e7idents of 3 -F MeaJ0ws are attempting to form, feels that p. goosed tr*eC re"floVal s are not necessary and urged 'Council to walk the entire length of the road to insure responsible development- of this project , noting that she is not opposed to it . James Thomas, Vista Rd. , expressed concern about increased road liability resulting from this project and supports a requirement 7 that t.hc` dev'e1Ope. oIn , r: a ma: ntl-'n_n-C., d: tet; i t IS,') suppc;- ts, an a:_jdit. ie;-�a1 access from sL;bjece&, to Hviy . 41 . Lydia F'f=`1 et r, n , residF'nt , notr�d the 3te�=r3'i c;:_ C.f c }=,' l,ect a ea and e;<.precseCI C0-„ reT-? about pOte,-,tial e'rcC :I c2 fi, c , t,-P rc.T;,J,.a1s - Barbara Reiter San Marcus, Rc� . - tat l ve tract maps has a decx'I l i n of toff;0 ',0 L'' t of t.'i- e”to is 1.=YiS i aina if al lowing this to occur- (.---)u d fc th,C? apr l ica!It to r e_submi t :'JI t better-desioned roods a-� wel as G Clea^cl mE'nt fees . Mr . Engen espor;de-d that the Map Pzt has a PFC� ,:ia1o.-: ;-r,as as long as the final m_p packarie has be—n _ �D�r i +. =-W d a": :j i�. i>z pr-oce=s , it ' s exFrnF-'IFfrom the dcad it-e= Glen Ler- is , Vista Rdresident , expressed SUP—ort for conce, n expressed by the previous speakers -and inquired about required stand<3i-ds for the Q:-c,poSr,'d road , to whlL,�-i Ni 1oh1: Cc It e, res,:.dcnL E'`;pt c:7,,sc-d is ti ntc er n ab c:i t � e . movals and arced Council anstaff conte de -- 2C7;!, Dorothy I`icNe- lI Sierra Vis}z�j >P:: . es- Ci I-, ?v« } prj ttlE the area where tree rem:,vals are proposed. Council and staff discussion fol le,wed ,` re airig t, t h E i It- powers :vith respect to denial of a final yap Motion: By Cor:r,c i lwoman Barge=.u,r to acc Eat sraf f I ec.s01 t and direct" that: 3taif t a k e wh6tefc _>t0cso` r. . avai lab le for redesign of the roa,` to ' m, t i �✓tE tt,= reciuirement fnr- tree removals , S::E'cc'-t,L:''-I f^ 1 as SE?, :rr r,1 T'.. a- ' �..Gur'YC 2 CV^,trtan �aC.kE"y' , Q cs. ay. C. UNFINISHED BUSINESS i 1 . Presentation of re-bid results - City surplus property loc- ated on Traffic Way (cont 'd from 3/22/88) Mr . Hanley, C. Mgr . , gave staff report . There was no public com- meat . Motion: By Councilwoman Borgeson to accept staff recom- mendation to reject all bids and authorize the City Manager- to negotiate with Mr . William Car- roll for a possible purchase price which more closely reflects appraised value. Motion sec- onded by Councilman Bourbeau; passed unanimously. B 2. Report on Proposed North County Govt, Center_ (cont `d from 5/10/88— --- —_-- ------ ---- — Mr . Hanley , C . Mgr . , gave staff r e +or- t , revjf w� nc4 draft c;f-lette., ( a,-tthered by Nr- . Engen? i nc luted i n age=nda_ pa-_het; T r,-rE> t'}E)=_ -rn public comment . _ Motion: By Counc i 1 man Dourbeau t hL ;h_ forward the letter and approfiri.ate f7-: ia1, to appropriate County official C c.:{ cllwoman MacPev passed L1116-1-11 MOUS 1 Motion: By Counc i I woman Dor-gesort c 1 ,' past 1 :��1 p m. ::.ccOnded by ']oui�i m7:- I 7c`.lr"F';ii... - passed 4 : 1 , with Councilman Handshy° 3. Police facility/Designagmt .—(cont ` d from .5/10/8e � Mr . Hanley , C . Mgr- . , gave staff r eport , r ecr:.�imE isrrfC+ al)C tit s the proposed agreement . . . Public Comment Mike Ar rambide, resident: , e><pressed his hope- tE c>t r _ t model comes. to pass with "the m-ir,zrrr-umF of heat '' frons tr . p,jh Motion: By Councilman Bour beau t.ct autt i D I _e .t, enter into the proposed a g r ec;r.etst. t,4. Levin, MacIntyre & Varner for C3 F; an!; 4-.t tr exceed $72,B25, secori de;-j my o ci1rj0f passed by 4 : 1 roll -Call , with Uour1z7 >.a.� ..' ._.. r. cpposed . _. l Mr- . Jorgensen, City Atty . , noted that escrow for th,c the property is expected to close July 29th ,< sop r .; t rx =sc0ARft max. ally anticipated . 4. Atascadero Lake Park A. Report by the Atas. Lake Park Property Acqu sitioft- Committee B. Auth. for preliminary property acquisition negotiations for Lots 1 „E. 32 & 33 of Blk JC (Morro Rd./Amaooa) Mr . Hanley , C. Mgr . , gave staff report . There was no public com- ment . Motion: By Councilwoman Borgeson to approve staff recom- mendation, authorizing staff to begin preliminary negotiations with Mr . Eugene Mumford toward the 9 eVentu31 purchase of the proper-ties in the black of Morro Rd . �, Amapoa Ove. Lots_ l ,c c< 3-=` of Block ic , City c,f AtascadE1-o ; , SE .i?cd ay COu, :- cilman B0Urbeau ; passed u n a n ou`al ;- oil -call . D. NEW BUSINESS 1 . Res. 36-B6. - Re-appointment of two members of the bldg . & Construction Board of Appeals (Michael Bewsey & David Grum- mit ) Mi- . F n g e i i , Commun. Dev . D i a a v,E s t 3 f _„o public comment . Motion: By Counc11f­3r lHaitdshy to 6CC.ept Staff tion and reappoint Michael Bei'ssey & David Grummitz, ' . to the Bldg . & Const . Bcarc cf Appeal =_ Seco;- !r-IF-by CounLi lwomai-I Mai}_e'y pa4_SeL' unan 1 rn0_- i= C roll-call . P. Proposed City policy regarding disposal of City surplus proper and urchas.it o of same_by' fzff .__..a_._ Bramble, Adm. Svcs r Dia'✓E' tort h_ - public comment Motion: By CouncllaiaYi Fourbe,5L. to Sdvpt S`= re`c- a Ts 3d ca-' ;i tion and Guthor- ize the p'reparaltctr of � �r using the guidelir­es outlined: ir: ci.aff r1Ec`.D:t ? c:r the disposition of City-otN1,L- +- pr oper t =nd - tc amend Ord . Pip . 85 {di _rosal c-F unLlL,2 raed I_~, o _f,rt- ln accordance with Eouncl. i po13c', ur' purcha=_i -gig sa i d p:-OQer t y . i tie`”. second t ;. C o u n c i 1woman Mackey pis'=sEd ID, c • _ -oi l-crit Councilwoman Borgeson opposed . 11ayor Norris noted that Friday is Mr . Bramt ie ' rL 1aSt day. wit", tl,�L Cita- and thanked him for his serv-LcEs. 3. Chandler Ranch area- ropased,road _mai ntenance,_dtrt Mr . Sensibaugh , Pub . Works Dir . , gave staff reoort . Public Comment Gaylen Little, spokesman for Chandler Ranch . spoke in supper<t. cf this request for acceptance to the City maintenance -system. Sarah Gronstrand , resident , requested clear if icat;` =' er g*'­0 cost spread involved inthis proposed formation compares ;with 10 t_-r dt O{ the f -(r.d O F ' Cte Las: Fr!C . Il3s d : St - Ct serfs i bauCi-t �`�� 1.111 e Arr an?bide . ! `sid--nt , r G-;uL,T}:FIC a::.cl_ : _: e t - 4Ji be ciCCeD`ed r 1(ri[ GVE'meritS i F' �:E r Ci t}' s cl;Ci , : sii,g con_ n ecia ng Iiabi l : t , Nina Bunye3 . C~c'id lE' RatlCh r-r?cid-, -It. a.. C-d C:C�S} -c .a lt tions . to pvh ch 11 SEen-�ibaugr.. ,lded . n .tin! t h a= i- f, t an estima+.F bases on est irr!dtec' Cir s ,i',r,ict i:l?i GSt streets to Girt' stand a ds . 1_'i Sc U- i nn 17 by-1, t0 count: 1 I ?IId t { f . Motion: B 7 cur!c I :L: � r XIXUTZS ,. ATASCAD8RO CITY C©UXCIL `.Special. study Session ;W6day, May 23, 1988 7:00 p.m. Rotunda Room, City Administration Building z The "special study session of . the Atas aderg'<C.lty" Cou'nci:l -was-'i called to ;order at 7:05 p.m. by, Mayor Norris fcjlo 4 by the . Pledge of Allegiance. ROLL CALL, Present: ' Council. Members Bourbeau, MacXey� . ndsbyr lir Pr�� Tom Sorge n,." and Mayor Norris : .. Absent. • None r, II- Stakf Present.: Sill .Hanley, Interim City , Managerg. 'Henry.. Engen Community Development Dectt►r, . =and,; _Ste €! nt UeCamp, Senior Planner r: - 1 . R(Ey'F�■C�y}{R�q`y■(/�. t�AyIM BG�EARCH �'1�lfv+ttA}'M:tC' BASE ANALYSIS, �t�t '��►T ' ` Henry Engen provided background on the City's ' Lconoe: Anail.xsis and Downtown Revitalization Study" reports frog the firm of Economic Research Associates, The first was reviewed, at Ccimmunity Forum on January , 11,, 1988 and is ' entitled ►: �unre= l Xconomic Base Analysis" . ' The reason for tqdays meet i�a ,the ;" final presentatit�n. of the recommendations contained ►'�ul m 11,, Findings andPoli."cy Recommendati:ons" . f Receipt cif this report represents then end of: the 'Con ultant, contract,, but the beginning of the Procestv of rev ew J4i and . following up on the recommendations "contained, therein: H`4 'th n. introduced : Dave Wilcox, Executive �Vice-'Presiideat '6f4conow Research Associates. Mr,, !WIlcox, tr rced:the process and products: l;eadin�g to tonight' s meeting. zn addition to the ,twoI final-. reporta; `wrhich' re available " for purchase through the Community. Oevelo men't Departmen;t,; there have -been separate memorandum offering `ideas, and pro forma,"development potentials .in the dtntown aha. Utilizing overhead \ transparencies Mr. -, Wilcox., then -re ie_a the AnvOntory findings , of :their analysis with respect - to .p6pu a'tic labor, farce, economic base, markets, market and nd land jdann�;; recommendations, recommended- target. industries, , ," suggested . economic ;development strategies and tactics, map of "the` 'City°a . .market area, and their recommendation to not `string, out commercial development beyond the San AAnselmo, anal to ."aosa Roads. ` Other. highlighted recc��nmendations included, ieeR.ih a single traveler destination site beyond that corridor., ani r t / 4 n�+tin� tthaf'` need far � ►� hra�p". pri�v44ft throughx With �- ct—, t ��� � `' � eiv to � ��t arr�a� � � potsat* , wtc rk a csvidcd that ' .: ra?.i+�t ry'�rc sr;�'a�`d; , requir, maht-� in ` . u #ar}C"J.MQ ig�,Faw for. 4, pro q', clusters N�j r. cor r .fir, . and dl+�ar 1 3� <adrpta c the pr have h r���a�e� �,�� ��our � `� the at d� ; arid] li ,lrtlfr -`: C? ilt .1 rP+� arti }. X` ► " ' . xs, 'n t ,�t ► mw � ► ., � that sed is ass, 'Oki { 1fr .M T': '.M .�''G`0 erg. air "r �}��y{ f� pts y ii j }rte 4 1 a + ?q; 4 r 1 �LM/Q.V \and W` -+ 'att'k ' VI +qF� f antet :.jam the �60=4tcii 'cor . s �rpon }E "� Kavat1sc a .c . th'itt' t ra Ce to, a nar ' : da wi" the" .post office and, the ibrary movii wit *F x o unira�d rga € at the ; ' t h � t amara. hf atage of rav rb r t t : . , t was . nee d + r'ra c t 'ar a1,z re, luaii-'sourbou M�aAi, .i.ii that t ,aLr#+lx 'ki 'W 'WAY 7� . as RF 'iRi/G ,+G4i' iMW i 3.. au a with r �,° a� txra ;raOt t40 ars one, pr s r31 _ 'hWr , uthwes't + A. r6proh6ift will,: `�+ u;aI ,4 ''� «,' �' � ��+�i�As�� L� ion, ,'�Fw "# +y" yaac_c �r"y�r" 9.taaw; a a " '+�s yp� rtth'irej Ouus Y' form 0 c_ounum ai hi'+� t ccu b� c+c3tw'+ a .. s sit:pa .a. 0 " : i: ;Cou27t3rL118kn 'itah rat e e-p- City 4 raw i��r �� tc� aa� ` rt e� t + ph+ �. ,` ,rd'� af ` 1rr� �u th rt + s a �. n : fOr u �€. . a a :+ ' t ' t ;`; ;prpty : ate ' ice chart � r Wit" � aat�� ` tta >ra �cL . t ;. hath+er,.. :. Jai t : iyvptt Vis, ' son h sorb ray �t a� �r� l �.t�d ��t� th� m+ata�� ra �r�r ►uilt to thy` rixs� iet�tl�r . a , tit , . , hhr .' , Mrd �� cat Of ithe, .h 1 .a t '.'' ,gjy i � , 461 1,111 prezptada�r1n ' a ► a�cx :tvauhcl V v. 4 _ 4 Public Comment: Mayor Norris then opened the meeting to the public . Mike Arrambide, member of the Chamber of Commerce Economic Develop- ment Committee, indicated that he appreciated the rapport that had gone into the ERA Report, but questioned whether zoning shouldn ' t be increased, referencing the proposed shopping center at San Anselmo and Highway 101, and inquiring what harm would be done to existing uses . Mr. Wilcox responded that his guess would be that, depending on the tenant mix, 750 of sales will be from a re-distribution of existing spending with possibly 25% being new market capture. With respect to the strategy of driving down rents, he noted that a new super drug store needs to generate $250 . 00 per square foot of floor space and higher returns are needed in those situations then is presently being captured. Dorothy Smith, Morro Road resident, spoke to the proposal to create nodes, and thought the San Anselmo site could be -the loca- tion for a Government Center. She expressed a community need for studios and workshops, with a downtown emphasis . Mr. Wilcox responded that creating nodes on the southwest side of the freeway was a City policy choice, and that incubators for small industries could occur east of the downtown area. George Highland, Carmelita resident, questioned whether the study was recommending that a proportion of housing be in multi-family development, i .e. , 400, with the response being that the ERA Report was not recommending any proportion. Barbara Reiter, San Marcos resident, complemented the report and questioned what type of Junior Department Store could find a niche in the City. Mr. Wilcox responded that 25 , 000 to 35 , 000 square feet could conceivably locate anywhere in the 2 1/2 mile corridor or in the downtown. In response to question, Mr. Wilcox noted that a KOA or RV Park was not the type of traveler-destina- tion being considered, unless perhaps it were a shared time operation with two week stays . He did not think such facilities were in Atascadero' s image. With regard to how a Central Coast fat farm type facility might be promoted, Mr. Wilcox suggested that the proposed Atascadero round table could provide for consensus on deliberate choices of economic activities to pursue and follow-up for promotion. He confirmed that the report recom- mends that the North County Government Center be sought for Atascadero, noting that any offices requiring public record search, permit counters , etc . , generate the kind of traffic that would be positive for the community. He thought the City could take the initiative in promoting a centralized wine tasting function for smaller wineries in the area. Mayor Norris then directed discussion back to the City Council . 2 . DISCUSSION ON CONSULTANT RECOMMENDATIONS AND POSSIBLE FUTURE POLICIES. Henry Engen, Community Development Director, suggested that the Planning Commission be requested to review and incorporate recommendations that they felt appropriate into the General Plan Update. Similarily, the BIA should be requested to review and recommend priorities to the City Council for implementation of ERA recommendations relative to downtown revitalization. Any recommendations impacting the budget should receive City Manager review and recommendation prior to a decision. With respect to entrepreneural suggestions in the report, this could be dele- gated to the proposed economic round table group. Mayor Pro Tem Borgeson indicated opposition to that concept, feeling that the Chamber of Commerce could fulfill that roll and questioned how that got into the report. Mr. Wilcox indicated that it was their responsibility to provide policy recommendations and such a group could serve a useful purpose in developing "common targets" for the City. Mayor Pro Tem Borgeson questioned the added responsibilities for economic development being suggested for the Community Development Department, noting that a new City Council will have to be brought up to speed on this process . Interim City Manager, Bill Hanley, indicated that he would see to it that newly elected Council people receive copies and backgrounding on the reports and their content. Henry Engen indicated that the soonest responses could be brought back from the BIA would probably be a month and a half, and the Planning -Commission would take two to three months . The meeting adjourned at 9 : 05 p.m. MINUTES RECORDED BY: HENRY ENGEN, COMMUNITY DEVELOPMENT DIRECTOR t 2ETR,,,/ ,, AGENDA DAT ITEM N �� S ATASCADERO CITY COUNCIL MINUTES - SPECIAL_ MEETING JUNE 3, 1988 The special meeting of the Atascadero City Council was called to order at 5:30 p .m. by Mayor- Norris , followed by the Fledge of Allegiance. RJLL CALL Present : CouncilmEmbers Bergeson, Bourbeau , Handshy , Mackey and Mayor Norris Absent : None Staff Fresent : Hill Hanley . Int . City Mgr . ; Jeffrey Jorgensen, City Att, Henry Engen, Commun. Devel . Dir . ; Paul Sens iba--,ah Pub . Works Dir . ; Bob Best , Parks 2, Rec . Dir . ; Cindy Wilkins , Dep . City Clerk 1 . Proposed Contract for Interim Admin. Svcs. Director Position with David G. Jorgensen Mr . Hanley, C . Mgr . , gave verbal staff report . He indicated he was in the process of pondering a solution to fill the vacancy when he received a call from David Jorgensen, who indicated he might be available to fill the position an an interim basis . Initially , Mr . Hanley felt this to be the best immediate solution and made arrangements to meet and interview Mr . Jorgensen, which he did . Next , following discussion with the City Attorney to verify that a closed session Council discussion was appropriate under the Brown Act , he brought the matter up in executive ses- sion with the City Council . Mr . Jorgensen, City Atty. , noted such discussion is a specific exception under the Brown Act and appi-opriate for discussion at a closed session of the Council ( G.C . Sec . 54957 ) . Mr . Hanley noted he felt , at the closed session, that he had a majority expression of Council approval to go ahead and draft an interim contract for Mr . Jorgensen. He also noted he was guided by two principles during the process: ( 1 ) The desire to obtain a qualified , skilled , experienced municipal finance person to fill the position on an interim basis, when the City is heading into budget review, preparation of temporary appropriation ordi- 1 nances , preparation of the final appropriation ordi- nances and a number of other technical assignments facing him ; t2 ) The deli;-e to assure that any arrangement made re- tained for the incoming City Council full flexibility with regard to their ultimate derision on permarnerit staffing of the City . Very lengthy Council discussion followed regarding this matter . Mr . Hanley underscored the fact that he had never- mct nor.. was he acquainted with Dave Jorgensen prior to their telephone corrver- cation and subsequent intervievi discu=_.s.ion. Public Comment Terril. Graham, resident , made comments relative to staff/Council relationships and their representations to the public ; he also com"m"ented on the need for honesty and integrity . He expressed opposition to approval of the .proposed contract . Robert Nimmo , resident , spoke irr, support of app o,val of the prc_ posed contract George Highland , resid< r,y. , Wit." iect=_ to _the 5 �dividual being con- sidered but not to the process . Dorothy McNeil , resident , expressed that Mr . Br-amb I e ' s h i r i ng seas hasty and "backfired" , feeling perhaps this hiring might , too . She supports giving the net- Council the opportunity to accept or reject this hiring solution. .john McNeil , resident , urged the Council to consider increasing the number of key people under contract . He agreed that the new Council should have an opportunity for input . Sarah Gronstrand , resident , agreed with the comments of the pre- vious speaker , noting that there are no guarantees that Mr . Jorgensen won ' t leave prior to the expiration of his contract term. There was additional Council discussion, primarily regarding the proposed salary and term of the contract . Motion: By Councilwoman Borgeson to postpone this contract until after the June 7th Council election and the new Council is seated , seconded by Mayor Norris; failed by 3:2 roll-call , with Councilmembers 2 f failed by 3:2 roll-call , with Councilmembers Bourbeau , Handshy and Mackey opposed . Motion: By Councilman Handshy to adopt the Ir:teiim City Manager ' s recommendation , logic and ;-easonino fc hiring David Jorgensen, seconded by CouncilwomarI Mackey; passed by 9:2 roll-call , with Councilwoman Borgesori and Mayor Norris opposed . 2. Res. 37-88 - Objection to proposed coal-fired power plant to be located near Lockwood______ Mr- Engen, Commun. DeveI . Bir . , gave staff r._port . in lighting the project and its possible impacts on the, el-tvir -- onment , he noted that the co--generation plant will be at 44.9 111W and that 50 MW would have required State approval . He rioted there is a copy of the Environmental Impact Report for the project available in the public library and urged public review. Public Comment Ursula Luna , resident , as-ked if the E . I .R. addresses the subject of acid rain; Mr . Engen responded that it does riot . Motion: By Councilwoman Borgeson to adopt Res . 37-8B, seconded by Councilman Handshy ; passed unanimous- ly by roll-call . MEETING ADJOURNED AT 7:00 P.M. TO A SPECIAL CLOSED COUNCIL SES- SION REGARDING PERSONNEL MATTERS ON FRIDAY , JUNE 10, 1988 AT 5:00 P.M. TO BE HELD IN THE ADMINISTRATION BUILDING, FOURTH FLOOR CLUB ROOM. MINUTES RECORDED BY : CINDY WILKINS, Dep . City Clerk 3 L 29 e M9MORAND `UM 3F TO: City \Council May , VIA. William Hanley, Interim City Manager' nOM Hgnry, Engen, Community ?evelopm nt n Vact-or s SUM- CTs, Planning' CommissionVacancies r r c u The terms of, four {4} Planning Commissioners will . ` August"I, X'988. They include. Ferry Bond, MirJorall-1 ' Eric Michielssen -and- Ed Nolan. a :The terms of ,those., appointed,, as spat ifad in r Ordina 6 No.. 101 would begin August',V for a:-period of, four-, years ekpiringg 4uly II, T ' , 1992. Authorize the Citi Clsrk to begin.lthe recrui nt. ;Oroce or ' commission applications in' . June;; 1988, with, ;, 3 t a .the filing deadline. This would gave theCity, Council. he" month- of Jane to schedule interviews and make appointments-, .HE+ph Z'n r \ ccs City Clark J f e • 1. 1. x. i S MEMORANDUM To: Honorable Mayor and City Council Throughv Vi'Iliam Hanley, Interim City Manager r , From: Paul. . Sensibaugh,'' Director of :Pub-11c -Works/City Engineer Subject: Traffic Cbmmittee Citizen and CounciLA P ointments lay 9, 1,988 *t '< 'hS 1 4 fi Recommendation -`Staff recmm�anends that a citizen of Council°-''s chpice be a pointod;' t0 ' serve 2—year term on the Traffic Committee, effetiu+ ' i, 1986 through June 30, 1,00, and that Staff be directed to adverts for and accept` applications for _said Position Ond "to,'set, -up ° inter^viaw times f0 X11 candidates. further: rec nded that ,a Council rer entatie tom;_-�naed. to- serve for the next fiscal year,. J Background: .The Traffic C©mmittee is made up of 1 Council :member, 3 Staff; - y` members and 2 Citizen-at-largemembers', the _latter` of hi h ,serve Z.- .yesr terns` : The Council 'representat ive serves a one year `terms w•�th no "` limit to the number of terms appointed. Staff members arervO' for, the ' duration .of employment. �is+�usson: The open _ position has been occupied for the 'last :three year 2+1} by Dedre' Ca parian. Dedre has been a valuable asset .` a` the` committee , and has constantly contributed ommcn sense ie paints to t<he_ discussions cin -traffic problems. i However. the , Ordinance establishing the Traffic Cottee prohibits the citizen-�at-lar~:ge from serv, n9 two conse6 tine, terms Vin , therefore, an appointment is necessary. =r The Counc i l Position , has been held by argue M ckeY; dao' had attesnded -every meeting. i r 5 C> _'y., l — ­ ,I� - :, , I "I *­ ­k '� � 11b° I .1 I t � . 1 s�dI I ,��, � I 11 ( � � ," �,," I ,, ,,, I �, I k t.� ! � I 7 ,>, f 4hr Options.*. s Y t th11 i a ri. .., a Ca €ci frary i +� t ii t P r 1, - '' p© y�yA { ,iia+� "� . ,q.i 4�0 +W 1 0 Z.ti'. 1 i'L '.., V a i i � �+. ,� 3� a F F t _ �_.. l i k i `," l 1 11_ #1Y 'ca1 + intet. attiw ( +rfginl >Q� J f, } � _' (2 ft`s t3dt� ' f ' , )' . �"*f '*t 'C x , ;" y JLlt _ ,fit n.t � �. �`a� `, C, tEa Leat'' ",<{ �`dl,f f, t � � � ��'�w? 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"t �t n a + » n s. ,� ,M a k'� '#;,4q;� „�. €; r y, " �, .gas qs r ., x 1' r<'e a�. ,� yF 1+ i �lMr t Tijs f. m r '" ESS ,+�— "�!y[' a�pC; (�s �( 1s4r co'" �' ,�ar� j�,� _,_ p �'!.'�lb' �g�ii ak7.uj„r �i�lR rj yf'"` +. { � "$`� It k v aj � c ° i�, F6 t��'1R;yy" #P's-, r4 r IV* �kyy'lt� 4�T�9F '4 a ?4W d Z + i fir ` l� F':i i�"1 a } _ f .F ��i i£3rk, , feR "Vo4 d d": Lt ??rt r' �y �,s*j '4 + i v� g�. y z y# k � � s � *`'`;_A I d�` �pE T 7�RT r k k,, i 'r 7"n S le #s a y,, k �`�r #�yy�. FiY# �, [�+!y � >r" �i y y. ,�"f'4"`3 F #� °" 44..' pr6rA `I�b t+Y£ �!'.RS '. �l TSL , iF� V.;fi ,� �"; #�* £ R,Y,�� y �'��y r �P f1 �.+ , '} ` # � 1 � �;L L I G �1 t ,' e` rr' 3" r,� 1 b!`� '@'alk '� k y�it ,� y " �a .,, aR ,i�, 4 4 *3.# h Y "� ,j�"h - ., A F 5 s A ! u9a k at x �v s: s eke; '�' & * rt`. .K� €, h r ,", ' 'z�,"# m " r# �'. ' r � 7� g ')' ;{"xs S'h"'F 5,..�`�. xF f .. 4"' �' "rar `.'�'° ,e �, 4 _.. �. r.� . �.v . �� ..r � 1, 'Y s n ai`C .r r n .� M_ 441 ^. + °` e n,.,� « v a. :�L C of his property as herein provided , the City may, at its election, consider such property abandoned or may dispose of same at owner 's expense. Also , at the expiration or termination of this permit , Permittee shall quit and surrender the said premises including real property improvements in a good state of repair , damage by matter over which Permittee has no control , flood , earthquake, riot , fair wear or tear expected provided that such exculpatory provisions shall not extend to any risk which Permittee is required to insure against as herein provided . Should the Permittee hold over after the expiration of the term of this permit with the expressed or implied consent of the City, such holding over shall be deemed a month to month tenancy at herein stated rent , subject otherwise to all the terms and conditions of this permit. Permittee shall maintain such records and accounts as the City Finance Director shall require. The City may require the Permittee to have his records and accounts audited by an auditor acceptable to the City, and shall present said audit to the City Finance Director i4ithin thirty (30) days after the completion of the audit . City may make its own audit of Permittee' s records and accounts at or about said time, if it so desires. If Permittee has failed to make the required audit, or said audit is shown by City 's audit to be incorrect then Permittee shall pay the costs of City ' s audit . 0 Time is of the essences in the tendering of payments under this rental agreement . Failure by the Permittee to tender within thirty (30) days of any payment so due, shall be sufficient cause for the City to terminate this permit . 4. Quitclaim Deed : Upon termination of the rights hereby granted , Permittee shall execute and deliver to the City within thirty (30) days after service of written demand therefore, a good and sufficient quitclaim deed to the premises described herein, including the improvements thereon. Should Permittee fail or refuse to deliver to the City a quitclaim deed as aforesaid , a written notice by the City reciting the failure of Permittee to execute and deliver said quitclaim deed as herein provided , shall after ten ( 10) days from the date of recordation of said notice by conclusive evidence against permittee and all persons claiming under Permittee of the termination of said permit . 5. Rental : Permittee shall pay the sum of eight percent (e%) of the total gross earnings of Permittee in this operation hereunder . Permittee shall pay the amount which will , if added to all previous months payments for that year equal the prescribed percentage of all accumulated gross earnings to the end of such month . The term "gross earnings" wherever used in this permit shall mean all 0pies, property or any other things of-- value received by Permittee from the of the premises described above without any deduction or deductions, vided that the term "gross earnings" shall not include any sales or excise taxes imposed by any governmental entity or collected by Permittee. Payments to the City shall be made to the order of the City of Atascadero , Department of Parks and Recreation, P.O. Box 747, Atascadero , CA 93423. All such payments shall be made the tenth ( 10) of the month following that in which said earnings were received by, Permittee. Permittee shall keep true and accurate books and records showing all its business transactions in separate records of account for the concession, in a manner acceptable to the City, and the City shall have the right through its representatives, and at all reasonable times, to inspect such books and records, including State of California sales tax records; and Permittee hereby agrees that all such records and instruments are available to the City. All Federal Tax returns of Permittee insofar as this permit is concerned shall also be available to the City of reviewing purposes. Permittee shall not use or permit the subject premises to be used in whole or part during the term of this permit for any other purposes other than as set forth without first obtaining consent of the City. Permittee expressly agrees at all times during the term of this permit , at its own cost and expense, to maintain and operate said premises in a clean, safe, wholesome and sanitary condition, free of trash , garbage or obstruction of any kind and in compliance with any governmental authority, now or at any time during the term of this permit in force relating to sanitation or public health , safety or welfare; and Permittee shall at all times faithfully obey and comply with all laws, rules and regulations of Federal , State, County or other governmental bodies or departments or office thereof. Permittee shall remedy without delay any defective, dangerous or unsanitary conditions. All services performed by Permittee relating to the operation and management of the concession are intended as considerations supporting this permit . No rights expressed or implied , other than those expressly given in this permit are granted , and any other rights are hereby denied Permittee under this agreement . 6. Termination: This permit may be terminated by the City at any time and for any reason deemed sufficient by the City Council of said City, by giving thirty (30) days written notice to Permittee of its intention to do SO . 7. Title To Improvements: Permittee acknowledges that title to all real- property is vested in the City. S. Personal Property: Title to all personal property provided by the Permittee shall remain in the Permittee. 9. Construction or Modification of Improvements: Permittee may construct or modify with the approval of the Director of Parks and Recreation any concession improvements. Such construction or modification shall be without cost to the City. 10. In the event that the construction modifications or addition to concession improvements are desired , the approval , in writing , of the City shall first be obtained prior to such construction, modification or addition. Additionally plans and specifications for such changes shall be submitted to the City for approval . 11 . Completion of Improvements : The Permittee at his own expense, shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the Director of Parks and Recreation throughout the term of this permit . 12. Ownership of Improvements: Title to improvements ont he premises at the commencement of this permit is retained by the City and this permit is subject to any rights or ownership in the improvements. All improvements constructed on the premises by Permittee as permitted by this permit shall be owned by Permittee until expiration of the term or sooner termination of this permit . Permittee shall not , however , remove any improvements from the premises or waste, destroy or modify any imprq_vements on the premises, except as permitted by this permit . All improvements on the p~emises at the expiration of the term or sooner termination of this permit shall without compensation to Permittee, become City property free and clear of all claims to or against them by mittee or any third person and Permittee shall defend and indemnify the y against all liability and loss arising from such claims or from the City' s exercise of rights conferred by this paragraph . 13. Maintenance and Use of Improvements: Permittee agrees to maintain any and all concession facilities . on the subject premises in good order and repair , at his own cost and expense, during the entire term of the permit . Permittee shall perform at his own cost and expenses, any required maintenance and repairs, and should Permittee fail , neglect or refuse to do so , the City shall have the right to perform such maintenance or repairs for the Permittee ' s account ; and the Permittee agrees to promptly reimburse the City for the cost thereof, provided however , that the City shall first give Permittee ten ( 10) days written notice of its intention to perform such maintenance or repairs for the Permittee ' s account for the purpose of enabling Permittee to proceed with such maintenance or repairs at his own expense. Permittee hereby expressly waives the right- to make repairs at the expense of the City. Permittee may employ, pay and supervise personnel to look after the concession. Such personnel shall be responsible to Permittee and cooperate' with City personnel . All of Permittee ' s personnel shall be of good moral character and shall be physically able to handle their duties and must be ' promptly replace when derelict in their duties. There shall be no drinking of liquor , or other alcoholic beverages in or around the area by Permittee ' s loyees. 4. Utilities and Services: Permittee shall be responsible for the payment of all applicable utility charges. • 15. Equipment : Permittee, at its own expense, shall completely equip the concession improvements described herein and shall keep the same equipped in a first class manner throughout the term of this permit . 16. Signs and Approval of Name: No signs, names or placards shall be inscribed, painted or fixed upon said premises without written consent of the City. 17. Quality of Service and Controlled Rates and Charges: Permittee agrees that he will operate and manage the service and facilities offered in a first class manner and comparable to other first class concessions providing similar facilities and services during the entire term of the permit . Within the term of this description, Permittee agrees to maintain a high standard of service at least equal to that of other establishments in the City and/or adjacent communities for similar operations. The City shall have access to , and the right to inspect the schedule of prices and rates for goods sold , rented or services rendered or performed upon the subject premises. If the City determines that any price or prices are unreasonable or inappropriate for the services rendered or items sold , the same shall be modified as directed by the City; provided that permittee, prior to such notification, shall be given a reasonable opportunity to confer with City and justify such prices. The City reserves the right to prohibit the sale of any item which it deems objectionable or beyond the scope of merchandise deemed necessary for proper service to the public . A competent employee shall be on the premises at all times which the concession is in operation. Permittee shall post rates and prices for all rentals and services in such places as may be designated by the City. 18. Closure: At any time should an occurrence necessitate the closing of the park to the general public , the Permittee shall have no recourse by law to the City for losses incurred . 19. Hold Harmless Agreement : Permittee hereby agrees to defend , indemnify and save harmless the City, its officers, agents and employees in any and every way from any and all manner of damages, charges, suits, and expenses which they may sustain or be put to by reason of Permittee ' s occupancy or use of the premises, or any activity carried on by Permittee in connection with . 20. Liability Insurance: Permittee agrees to obtain and keep in force during the term of this permit , at Permittee ' s expense, worker ' s compensation and public liability and property damage insurance in companies authorized to issue such insurance int he State of California . Said insurance policy shall consist of the following : a. Worker ' s Compensation and Employer ' s Liability Insurance: • Permittee shall maintain in full force and effect , for the period covered by this permit , full worker ' s compensation and employer ' s liability insurance with limits of at least statutory requirements with an insurance carrier satisfactory to the City. In the event Permittee is self-insured , he shall furnish a certificate of per- i mission to self-insure signed by the Department of Industrial Relations Administration of Self Insurance, Sacramento . b . Liability Insurance: Permittee shall maintain in full force and effect , for the period covered by this permit , bodily injury, personal injury including death resulting therefrom and property damage insurance with an insurance carrier satisfactory with the City. This liability insurance shall include, but shall not be limited to , protection, against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence occurring in or about the premises which are subject to this permit , or resulting from Permittee' s use of owned or nonowned automobiles. The amounts of insurance shall not be less than the following: Single limit coverage apply to bodily and person injury, includ- ing death resulting therefrom, and property damage or a combina- tion of both -- $300,000. Q_' The following endorsements must be attached to the policy: 1 . If the insurance policy covers on an "accident" basis, it must be changed to read "occurrence" . 2. The policy must cover personal injury as well as bodily injury. 3. The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property damage must be eliminated from the basic policy and endorsements. 4. BROAD FORM property damage liability must be afforded . 5. The City of Atascadero and their officers, employees and agents, shall be named insured under the policy, and the policy shall stipulate that this insurance will operate as a primary insurance and that no other insurance effected by the City or other name insured will be called upon to contribute to loss covered thereunder . C . The following requirements apply to all liability insurance to be provided by Permittee: 1 . A certified copy of each policy and a certificate of insurance shall be furnished to Parks and Recreation within twenty (20) days after execution of this permit . (A certificate alone is not acceptable) . Certificates and policies shall state that the City is not liable for the payment of any premiums or assessments on this property . • 2. Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to City. Ten ( 10) days written notice is not acceptable, except in connection with worker ' s compensa- tion insurance. 3. Insurance required shall be placed in a company or companies acceptable to City and shall have a policy holder ' s surplus of at least ( 10) times the amount of limit of liability afforded by the insurance company. 4. Approval of the insurance by the City shall not relieve or decrease the extent to which the Permittee or any sublessee may be held responsible for payment of damages resulting from its operation. 5. No policy is acceptable if it contains an exclusion relating to occurrences in any manner arising out of the use of alcoholic beverages. Providing , however , that said policy will be acceptable if it contains a specific endorsement providing coverage under the limits and provisions set forth hereinabove, for any occurrence arising out of the use of alcoholic beverages. d. If Permittee does not keep the insurance required by this paragraph in full force and effect at all times during the term hereof, this permit shall immediately and automatically terminate, and all rights and privileges granted hereunder to the Permittee shall be extinguished thereby. It is expressly understood that no notice by the City is required to effect the termination specified herein. 21 . Taxes: Permittee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any tax assessment or assessment governing body upon any interest in this permit any possessory right which Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes, assessments and charges on goods, merchandise, pictures, appliances, equipment and property owned by it in or about said premises. 22. Inspection of Premises: Permittee agrees that the City acting through its authorized agents and employees, shall have the right to enter upon the premises at any reasonable time to inspect them. 23. Inspection and Maintenance: The City reserves the right of ingress ' and agrees to inspect , investigate and survey said premises as deemed necessary by the City, and the right to do any and all work of any nature for the preservation, of maintenance and operation of the park in any areas within the confines of said park . Permittee shall be given reasonable notice when such work may become necessary and will adjust his operation in such a manner that the City may proceed expeditiously. 0 24. Permit Notice: Any notices herein provided to be given or which may be given by either party to the other , shall be deemed to have been fully given when made in writing and deposited in the United States Mail , postage prepaid and addressed as follows: To the Permittee: Richard Oswald Box 935, Atascadero , CA 93423 To the City: City of Atascadero P.O. Box 747, Atascadero , Ca. 93423 Attn: Parks and Recreation The address to which the notices shall or may be mailed as aforesaid b either party shall or may be changed by written notice given by such party to the other as therein before provided , but nothing herein contained shall preclude the giving of such notice by personal service. 25. Waiver of Permit Terms: No waiver by City at any time of the terms, conditions, or covenants of this permit shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained, not of the strict and prompt performance thereof. No delay, failure or omission f the City to re-enter the premises or to exercise any right , power , privilege or option can be construed , as a waiver such default or a relinquishment of any right or any acquiescence rein. No notice to the Permittee shall be required to restore or revive time as of the essence after the waiver by the City of any default . No option, right , power , remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options, and remedies given to the City by this permit shall be deemed cumulative. 26. Modification of Permit: Not withstanding any of the provisions of this permit , the parties may hereafter , by mutual consent , agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant extensions of time to permittee for any purpose for the performance of any obligatio of Permittee hereunder . 27. Assignment and Subleases: Permittee shall neither assign, sublease or otherwise convey any interest of any sort grant by this permit to any person or person, entity or entities whatsoever without prior written consent and approval by the City. Any document by which an interest is granted , subject to the approval of the City, shall indicate that the person acquiring that interest has been advised of all of the terms of this permit and takes his interest subject to those terms and conditions, and recognizes that upon termination of this permit , the City at its sole option, may elect ' to treat any assignee, subtenant , or holder of any interest conveyed by Permittee as the City ' s. tenant , subject to the terms and conditions of this ri it and that entered into between the assignees, subtenant or holder of nterest conveyed by Permittee. 28. Breach of Permit : This permit is made upon the condition that , if the rents or other sums which Permittee herein agrees to pay or any part thereof shall be unpaid on the day of which the same shall come due, or if default be made in any of the terms, agreements, conditions or covenants herein contained on the part of the Permittee, or should Permittee become insolvent , or bankrupt , either voluntarily or involuntarily, then, and in such event at the option of the City, this permit shall cease and terminate; and the City may enter upon the premises. Permittee ' s interest hereunder shall not be assignable in bankruptcy. 29. Waiver of Claims: Permittee hereby waives any claims against the City, its officers, agents, or employees for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of his permit , or any part thereof or by any judgment or award in any suit or proceeding declaring this permit null , void or voidable, or delaying the same or any part thereof from being carried out . 30. Actions: In the event of any action or suit upon this permit , the City shall be entitled reasonable attorney ' s fees and a-11 costs, disbursements and expenses including administrative expenses. 31 . Right of Entry As Agent : In any case in which provision is made herein for the termination of this permit by the City in case of abandonment or vacating of the premises by Permittee, the City in lieu of declaring a forfeiture may enter upon the premises. To such end , Permittee hereby irrevocably appoints the City its agent to remove any and all persons or property on said premises and place any such property in storage for the account of and at the expense of Permittee. In such case, the City may re- let the premises upon such terms as it may deem proper , and if a sufficient sum shall not be realized thereby, after paying expenses of such re-letting , to satisfy the rent and other sums herein agreed to be paid by Permittee, Permittee agrees to save the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of their paragraph . 32. Duration of Public Facilities: By entering into this permit , the City makes no stipulations to type, fixed location or duration of public facilities to be maintained at Atascadero Lake Park . 33. Time of Essence: Time shall be of essence in the performance of this permit . 34. Eminent Domain: If, during the term of this permit , any property described herein or hereafter added hereto is taken in eminent domain, the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corporations engaged in the production of still and motion picture and related activities, for the use. of said premises for such purposes when such permission shall not interfere with the primary business of Permittee. • 36. Hazardous Substances: No goods, merchandise or material shall be kept , stored or sold in or on said premises which are in any way explosive or hazardous; and no offensive of dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said premises, other than is authorized by this permit and no machinery or apparatus shall be used or operated on said premises which will in any way injure said premises or structures; provided that nothing contained in this paragraph shall preclude Permittee from bringing , keeping or using on or about said premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its said business. Gasoline and oils shall be stored , handled and dispensed as required by present , or future regulations and laws. 37. Nondiscrimination: Permittee and his employees shall not discriminate because of race, sex , religion, color , material status, ancestry or national origin against any person by refusing to furnish such person accommodation, facility, or his employees publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, age, sex , religion, color , martial status, ancestry or national origin. In the performance of this permit , Permittee will not discriminate �Inst any employee or applicant for employment because of race, sex , age, or , marital status, religion, ancestry or national origin. 38. Paragraph Titles: The paragraph titles in this permit are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of this permit or in any way affect this permit . 39. Permit in Counterparts: This permit is executed in counterparts, each of which shall be deemed an original . 40. Permit Documents: The complete permit between the parties hereto shall consist of the identified documents: This permit titled "City of Atascadero Use Permit" , Exhibit A. 41 . Remedies Not Exclusive: The use by either_ party of any remedy specified herein for the enforcement of this permit is not exclusive and shall not deprive the party using such remedy of or limit the application of, any other remedy provided by law. 42. Independent Contractor : Permittee enters into this permit solely and exclusively as an independent contractor and only in that capacity and not as a partner , employee or other agent of the City. Further , Permittee acknowledges that this agreement issues and is effective only upon execution the City Council . 3. Advertising : Permittee shall not advertise or permit any publicity designed to attract the general public to an activity conducted by Permittee within the confines of said park without the knowledge and permission of the Director of Parks and Recreation. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. CITY COUNCIL ADOPTION DATE: ATTEST: CITY OF ATASCADERO, CALIFORNIA BOYD SHARITZ, CITY CLERK BARBARA NORRIS, MAYOR APPROVED AS TO CONTENT: BILL HANLEY, INTERIM CITY MANAGER APPROVED AS TO FORM: PREPARED BY: --� '�' -P�- JEFFREY JORGENSEN, CITY ATTORNEY BOB BEST, PARKS AND RECREATION DIRECTOR Duck Hut Use Permit : Permittee accepts the foregoing use permit subject to all of the terms and conditions contained herein. Permittee acknowledges that the permit will not become operative until compliance is made with Paragraph 20 relating to insurance. Perm tt a Signature: RICHAR 0 LD, PERMITTEE l Y f 4 `~ l June '14, ;1988 i t � i To: ,C i tY Cqunc 11 Via.--Bill Han lsy r Interim City, manager , Frame: Bob Best, �P irks and Recreation bir-ector ; Subject: tsee F' aa `t -Poe' c1 Shop , ; The City tcurr�entlr has, two Us e' Permits. at ,Ate; aero Lake, under the operation 'of. Mr. Ridhard:,OOwa14 one tl t"'IsIs,. permits 4z, the Pop's Tackle Shop permitr a-,/boat rental and taC Cl+e business. The, current Use Pe it �Sxp�rESs ,on use' 301 t . 1988. g ; Tithe a decision,-on, the future of tbe ,Lak* 'PaV1110 expected in the "near.. future-, the approval , of a oneear`is t Ma y tit be in the best, interests o the Citi. Asp ,Counari4 is. twar e; the ice Pat-vi lion is closed for general public- use, aIthough Paps.Tack is isstill ,'operating their' 'b�xsiness in ,a port ion- of the bui lding. The current permit allows: for the holdinffr over by the r permittee with' `the expressed or implied ..consent "cif the,-1Ct� with such holding -over to be deemed a month,; to month .tenancy with rental payments ,continuing as, stipulated -in 1the,use , Permit. r Authorizthe continuation on a Month-oto-Mon-.h Ien c of Pop`s Tack l e' shop under a l 1- terms and.:vbnd i t i one, ;of tlics curreht Use Permit. The following aibnditi"ons apt lY 1. Bus i mess L .cense Re ewe 1 . 2A Certificate' of I"nurance Warning 'the City a additi-anal ;h insured, with ,a rni:nimum 14abi l ity coverage -of` $500,L0,00-'.. Proof of Workers 'Compensation 'Insurance, fiI 1. ` tenew the /Use Permit for the full one year ter* with Pops Tackle Shop. n. Z. Council could choose to not renew the :use Permit close the Pavi l dn' for all pub 1 i�c uses. r '" r A IM&a y 2 'The �clyu�rr�e�nyt lease' r+■e�-g�uires th+month e�/*va nt�3q@of af., sus earnings- LAe 1paid ^to the City on a .fiiW nt�Iy !wtaslis A�. -,i t .: '✓'' 4, if .a. a i ck A June:,7 r l..3Ci1'E7.: Cit 4. �,y� �7 r+t r c. lrt' aiihoIi t xtht'C5'�If��, � s ' k!? I �. 7ts t+�� 9Id Edi t"ialis utaf,, t3+� � ► ` z t�: teed under, t€ ;xri t ib t� ��� wit 4 ,9� {,��r `} �+a fry# yhtt�y y� +� yF. y ye #,�e�+l�g b CTpe AkiE vill.,` 5.w�nt-1"#.ut 6i� ` �F.i4 k tY h,,'{i '41 ' -ii oiy�„ » took cy, Ur y� +]� A y} . }}t r t X93 t SIM- 2) 1i �l d' .;.-+i,��r iiSd .,+�'� �. �'� TR�� '•�Mt'.; +i 7l,s �4� 91 � �i �. ,. $ :,tea / 3 ��. �. *ddlViaptati, d", di1 i y ; r . * d } # wF'1tAtw i.�, "' ' ,t'' �F #�..� Xr � -asl*. Pop" 4 �, p mi , s � �r a' r 7 f t�yo�R''o. ''c ""+✓ii y+ SOX k tSr '4i�. `7�,` 1,, +, }L'f,,•F ;'� r' Kr a ': y .r a, ,R 4 , IV a_ oa ,3 i x 1 June 14, 1988 3 To; City Counc i 1 Via; BillHan ley, .Interim City Manager From; BobBest Farks and Recea.tion T9irectc ~ SS tb,i ct: Renewal Of Zoological Society Lease. IRZECi �TICI { Renew the-Use Permit Stith. the San .Luis 014500 Co n't�*° Zocilc�ri�aL ;Society --for continued usage of that; tiki Hut at the foo. BACK�tt � } The Zoological, Society has- been utilizing the w"T'iki Wit" or a concession area, selling mi see l l ana' ous> 3t" , Th l s::. att:. rkd we IJ for them and the City, as this area is', ow,a c' intron ,r cOncession/admission area Tt 'Pr€�v des; the Saceiety - 4ad4tian_ tb Promote their operation, and this directly`barnafits U432&6o., The. term of this :peraait shall be July "1, 1988 to June' 30, it 13 : u None, at the society operates the concession at their , e a , the City requires' .they have liability i nsiurtance. A Cit "emmployee: provide; much°of the personnel time in' the Tiki `this s t.imte during which this fee :;system is in place and additional cost .to,, the City. ems' F jt i _ 1 � Fy . - , "� cors of tb Cch; r s► a int sftemr c ►l ice` " itte -. I iOviqs+ r t Y°fit Y Or # for such u -anu 6� c it � � * Of Citi f `` � : O.C$t t "+ ht h uts , ��C `; c: ttx+ � is'.. nl�+ d# 4 yt got sitr.` ont it lrs, 4tvIY a° s p'�,ion a s f °tv a r.,. c+ n� � at. `� n�f��r one + ►i Its n rs s � 6.. within d ` r �t mas 'y No Tig mot r �ey/ L3ty1 t tit ` �y" ;#t ,#``&tit$ ' ��r.`, � + t7t � 'Y ������ + s t2��t' t� '�+r f s` "std ' a6 . shad the ' rit tea ra ' r t2s ^# it ,,i+ atAl , p : A �' + 3 , , in s iQ+ � is dit omits 'Pro' ton s c► 'I i t s `'�+ �y 's t t;i s:' dti t 77 :� d er ' � � `t h t 4* f • ,> ry1'orw lF +-#� �7 F� Y �TrWY �xlF L � V VJE .✓ �"'w' y} J?.11�ts0f9hx,' it � .ini tt Crt>ir .°`c�g.. iFort s it as` +fir+ " itt i'I ihxii ;tx 3 zi� ^3 `` r� tt AW Ot s37 atte, prpip to the - r a ++y�r. K j�y ] � d R • Should Permittee fail to remove or dispose of his property as herein Provided, the City may, at its election, consider such property abandoned or may dispose os same at the Permittee ' s expense. Also at the expiration or termination of this permit, Permittee shall quit and surrender the said Premises including real property improvements in a good state of repair, damage by matters over which Permittee has no control excepted, provided that such exculpatory provisions shall not extend to any risk which Permittee is required to insure against as herein stated, subject otherwise to all the terms and conditions of this permit . 4. Quitclaim Deed: Upon termination of the rights hereby granted, Permittee shall execute and deliver to the City within thirty (30) days after service of written demand therefore, a good and sufficient Quitclaim Deed to the Premises described herein, including the improvements thereon. Should Permittee fail or refuse to deliver to the City a Quitclaim Deed as aforesaid, a written notice by the City reciting the failure of Permittee to execute and deliver said Quitclaim Deed as herein provided, shall after ten (10) days from the date of recordation of said notice be conclusive evidence against Permittee and all persons claiming under Permittee of the termination of said permit . 5. Rental : Permittee shall pay the sum of $1 .00 payable annually in advance . Use of Premises : Permittee may use the premises for the following purpose only: Novelty Stand. The Permittee shall have the right and duty to manage, operate and control all of the above mentioned activities and to do all things necessary in the exercise of such management, operation and control subject to the terms and conditions set forth in the permit . Permittee shall not use or permit the subject premises to be used in whole or in part during the term of this permit for any purpose other than as set forth without the prior consent of the City first had and obtained. Permittee expressly agrees at all times during the term of this permit, at its own cost and expense, to maintain and operate such premises and areas adjacent, in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind, and in compliance with any and all present and future laws, rules, regulations of any governmental authority now or at any time during the term of this permit is in force, relating to sanitation or public health, safety or welfare; and Permittee shall at all times faithfully obey and comply with all laws, rules and regulations of federal , state, county and City governmental bodies or departments or officers thereof, and this permit is expressly subject to the provisions and requirements of any existing and future agreements between the City and the ' United States or the State of California or the County of San Luis Obispo relative to the development, operation or maintenance of the building. Permittee shall remedy without delay any defective, dangerous or unsanitary condition. 2 • 7. Termination: This permit may be terminated by the City at any time and for any reason deemed sufficient by the City Council of said City, by giving ten (10) days written notice to Permittee of its intention to do so. 8. Title to Improvements : Permittee acknowledges that title to all real property is vest in the City. Y 9. Personal Property: Title to all personal property provided by the Permittee shall remain with the Permittee . 10. Construction or Modification of Improvements : Permittee may construct or modify with the approval of the Director of Parks and Recreation. In the event that the construction modification or addition to concession improvements are desired, the approval , in writing, of the City shall first be obtained prior to such construction, modification, or addition. Additionally plans and specifications for such changes shall be submitted to the City for approval . 11 . Completion of Improvements: The Permittee at his own expense, shall completely equip the Novelty Stand improvements described herein and shall keep the same equipped in a first class manner and to the satisfaction of the Director of Parks and Recreation throughout the term of this permit . 12 . Ownership of Improvements : Title to improvements on the premises at the commencement of this permit is retained by the City and this permit is subject to any rights of ownership in the improvementz . All improvements constructed on the premises by Permittee as permitted by this permit shall be owned by the Permittee until expiration of the term or sooner termination of this permit . Permittee shall not, however, remove any improvements from the premises nor waste, destroy or modify any improvements on the premises, except as permitted by this permit . All improvements on the premises at the expiration of the term or sooner termination of this permit shall without compensation to Permittee, become City property free and clear of all claims to or against them by Permittee, become City property free and clear of all claims to or against them by Permittee or any third person and Permittee shall defend and indemnify the City against all liability and loss arising from such claims or from the City' s exercise of the rights conferred by this paragraph. 13. Maintenance and Use if Improvements : Permittee agrees to maintain any and all facilities on the subject premises in good order and repair, at his own cost and expense, during the entire term of the permit . Permittee shall perform at his own cost and expense, any required maintenance and repairs, and should Permittee fail , neglect or refuse to do so, the City shall have ' the right to perform such maintenance or repairs for the Permittee 's account; and the Permittee agrees to promptly reimburse the City for the cost thereof, provided however, that the City shall first give Permitten (10) days written notice of its intention to perform such maintenance o repairs for the permittee ' s account for the purpose of enabling permittee to proceed with such maintenance or repairs at his own expense . 3 • Permittee hereby expressly waives the right to make repairs at the expense of the City.The City also reserves the right to do any and all work of any nature necessary for the preservation, maintenance and operation of the building and areas within the confines of said building. Permittee shall be given notice when such work may become necessary and will adjust operations in such manner that the City may proceed expeditiously. The Permittee shall not grant, with respect to said premises, easements, rights-of-way, license and permits. 14. Utilities and Services : Permittee shall be responsible for the payment of all applicable utility charges. 15. Equipment : Permittee, at its own expense, shall completely equip the novelty stand described herein and shall keep the same equipment in a first class manner throughout the term of this permit . 16. Signs and Approval of Name: No signs, names or placards shall be inscribed, painted or fixed upon said premises without written consent of the City Parks and Recreation Director. Closure : At any time should an occurrence necessitate the closing of the building to the general public, the Permittee shall have no recourse by law to the City for losses incurred. 18. Hold Harmless Agreement : Permittee hereby agrees to defend, indemnify and save harmless the City, its officers, agents and employees in any and every way from any and all manner of damages, charges, suits and expenses which they may sustain or be put to be reason of Permittee ' s occupancy or use of the premises, or any activity carried on by Permittee in connection therewith. 19 . Liability Insurance: Permittee agrees to obtain and keep in force during the term of this permit, at Permittee 's expense, public Liability and Property damage insurance in companies authorized to issue such insurance in the State of California. Said insurance policy shall consist of the following: a. Liability Insurance • Permittee shall maintain in full force and effect, for the period covered by this permit, bodily injury, personal injury including death resulting therefrom and property damage insurance with an insurance with an insurance carrier satisfactory with the City. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death ' resulting therefrom and damage to property, resulting from any act or occurrence occurring in or about the premises which are subject to this • permit, or resulting from Permittee ' s use of owned or nonowned automobiles . The amounts of insurance shall not be less than the following: 4 Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination of both - $500,00 . The following endorsements must be attached to the policy: (1) If the insurance policy covers on an "accident" basis, it must be changed to read "occurrence" . (2) The policy must cover personal injury as well as bodily injury. (3) The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and Property damage must be eliminated from basic policy and endorsements. (4) BROAD FORM Property damage liability must be afforded. Ery. (5) The City of Atascadero and their officers, employees and agents, shall be named insured under the policy, and the policy shall stipulate that this insurance will operate as a primary insurance and that no other insurance effected by the City or other named insured will be. called upon to contribute to a loss covered thereunder. (b) The following requirements apply to all liability insurance to be provided by Permittee . (1) A certified copy of each policy and a certificate of insurance shall be furnished Parks and Recreation within twenty (20) days after execution of this permit . (A certificate alone is not acceptable) . Certificates and policies shall state that the City is not liable for the payment of any premiums or assessments on this property. (2) Certificates and policies shall state that the policy shall not be cancelled or reduced in coverage without thirty (30) days written notice to the City. Ten (10) days written notice is not acceptable, except in connection with worker's compensation insurance. (3) . Insurance required shall be placed in a company or companies acceptable to the City and shall have a policy holder' s surplus of at least ten (10) times the amount of limit of liability afforded by the insurance company. (4) Approval of the insurance by the City shall not be relieve or decrease the extent to which the Permittee or any sublessee may be held responsible for payment of damages resulting from its operation. 5 (5) No policy is acceptable if it contains an exclusion relating to occurrences in any manner arising out of the use of alcoholic beverages . Providing, however, that said policy will be acceptable if it contains a specific endorsement providing coverage under the limits and provisions set forth hereinabove, for any occurrence arising out of the use of alcoholic beverages. C . If permittee does not keep the insurance required by this full paragraph in full force and effect at all times during the term hereof, this permit shall immediately and automatically terminate, and all rights and Privileges granted hereunder to the Permittee shall be extinguished thereby. It is expressly understood that no notice by the City is required to effect the termination specified herein. 20 . Taxes: Permittee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any tax assessment or assessment governing body upon apy interest in this permit or any possessory right which Permittee may have in or to the premises covered hereby or the improvements thereon by reason of its use or occupancy thereof or otherwise as well as all taxes, assessments and charges on goods, merchandise, pictures, appliances, equipment and property owned by it in or about said premises . Inspection of Premises : Permittee agrees that the City acting through its authorized agents and employees, shall have the right to enter upon the premises at any reasonable time to inspect them. 22. Inspection and maintenance : The City reserves the right of ingress and egress to inspect, investigate and survey said premises as deemed necessary by the City, and the right to do any and all work of any nature for the Preservation, of maintenance and operation of the park in any areas within confines of said park. Permittee shall be given reasonable notice when such work may become necessary and will adjust his operation in such manner that the City may proceed expeditiously. 23. Permit Notice : Any notices herein provided to be given or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States Mail , postage Prepaid and addressed as follows : To the Permittee : San Luis Obispo County Zoological Society P.O. Box 8 Atascadero, Ca 93423 To the City: City of Atascadero P.O. Box 747 Atascadero,Ca 93423 The address to which the notices shall or may be mailed as aforesaid by either party shall or may be changed by written notice given by such part to the other as therein before provided, but nothing herein contained shall preclude the giving of any such notice by personal service. 6 24. Interpretation of Permit : This permit is made under and is subject to the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. 25. Waiver of Permit Terms : No waiver by the City at any time of the terms, conditions, or covenants of this permit shall be deemed as a waiver at any time thereafter of the same or of any other term, condition, or covenant herein contained, not of the strict and prompt performance thereof . No delay, failure or omission of the City to re—enter the premises or to exercise any right, power, privilege or option can be construed as a waiver of such default or a relinquishment of any right or any acquiescence therein. No notice to Permittee shall be required to restore or revive time as of the essence after the waiver by the City of any default . No option, right, power, remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances . The rights, powers, options and remedies given to the City by this permit shall be deemed cumulative. 26 . Modification of Permit : Not withstanding any of the provisions of this permit, the parties may hereafter, by mutual consent, agree to modifications thereof or additions thereto in writing which are not forbidden by law. The City shall have the right to grant extensions of time to Permittee for any purpose for the performance of any obligation of Permittee hereunder. 0 27, Assigrffient and Subleases: Permittee shall neither assign, sublease or otherwise convey any interest of any sort granted by this permit to any person or persons, entity or entities whatsoever without prior written consent or approval by the City. Any document by which an interest is granted, subject to the approval of the City. Any document by which an interest is granted, subject to the approval of the City, shall indicate that the person acquiring that interest has been advised of all of the terms of this permit and takes his interest subject to those terms and conditions, ad recognized that upon termination of the ; interest of Permittee granted by this permit, his interest shall also be terminated. However, in the event of termination of this permit, the City at its sole option, may elect to treat any assignees, subtenant, or holder of any interest conveyed by Permittee as the City' s tenant, subject to the terms and conditions of this permit and that entered into between the assignees, subtenant or holder of an interest conveyed by Permittee . 28. Breach of Permit : This permit is made upon the condition that, if the rents or other sums which Permittee herein agrees to pay or any part thereof shall be unpaid on the day of which the same shall come due, or if default be made in any of the terms, agreements, conditions or covenants herein contained on the part of the Permittee, or should Permittee become insolvent, or bankrupt, either voluntarily or involuntarily, then, and in such event at the option of the City, this permit shall cease and terminate; and the may enter upon the premises. Permittee ' s interest hereunder shall not assignable in bankruptcy. 7 29 . Waiver of Claims : Permittee hereby waives any claims against the City, it officers, agents, or employee 's for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this permit, or any part thereof or b;y any judgement or award in any suit or proceeding declaring this permit null , void or voidable, or delaying the same or any part thereof from being carried out. 30. Actions: In the event of any action or suit upon this permit, the City shall be entitled to receive reasonable attorney's fees. and all costs, disbursements and expenses including administrative expenses. 31 . Right of Entry as Agent: In any case in which provision is made herein for the termination of this permit by the City or in case of abandonment or vacating of the premises by Permittee, the City in lieu of declaring a forfeiture may enter upon the premises . To such end, Permittee hereby irrevocably appoints the city its agent to remove any and all such persons or property on said premises and place any sued property in storage for the account of and at the expense of Permittee . In such case, the City may re-let the premises upon such terms as it may deem proper, and if a sufficient sum shall not be realized. thereby, after Paying expenses of such re-letting, to satisfy the rent and other sums 0 " herein agreed to be paid by Permittee, Permittee agrees to hold the City harmless from any loss or damage or claim arising out of the action of the City in pursuance of this paragraph. 32. Duration of Public Facilities : By entering into this permit, the City make no stipulation to type, fixed location or duration of public facilities to be maintained to Atascadero Administration. 33. Time of Essence : Time shall be of essence in the performance of this permit . 34. Eminent Domain: If, during the term of this permit, any property described herein or hereafter added hereto is taken in eminent domain, the entire award shall be paid to the City. 35. Photography: The City may grant permits to persons or corporations engaged in the production of still and motion picture and related activities, for the use of said premises for such purposes when such permission shall not interfere with the primary business of Permittee . 8 i 36 . Hazardous Substances : No goods, merchandise or material shall be kept, stored, sold in or on said premises which are in any way explosive or hazardous; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said premises other than is authorized by this permit, and no machinery or apparatus shall be used or operated on said premises which will in any way injure said premises or structures; provided that nothing contained in this paragraph shall preclude Permittee from bringing, keeping or using on or about said premises such materials, supplies, equipment and machinery as are . 37. Nondiscrimination: Permittee and his employees shall not discriminate because of race, sex ,religion, color, material status, ancestry or national origin against any person by refusing to furnish such person accommodation, facility, or his employee 's publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, age, sex, religion, color, marital status, ancestry or national origin. - In the performance of this permit, Permittee will not discriminate against any employee or applicant for employment because of race, sex, age, marital status, color, religion, ancestry or national origin. 38. Paragraph Titles : The paragraph titles in this permit are inserted onl* a matter of convenience and for references, and in no way define, limit or describe the scope or intent of this permit or in any way affect this permit . 39 . Permit in Counterparts: This permit is executed in counterparts, each of which shall be deemed an original . 40 . Permit Documents : The complete Permit between the parties hereto shall consist of the identified documents : This permit titled "City of Atascadero Use Permit", Exhibit A 41 . Remedies not Exclusive : The use by either party of any remedy specified herein for the enforcement of this permit is not exclusive and shall not deprive the party using such remedy of or limit the application of, any other remedy provided by law. 42 . Independent Contractor: Permittee enters into this permit solely and exclusively as an independent contractor and only in that capacity and not as a partner, employee or other agent of the City. Further, Permittee acknowledges that this agreement issues and is effective only upon execution by the City Council . M 9 43. Advertising: Permittee shall not advertise or permit any publicity designed to attract the general public to an activity conducted by Permittee within the confines of said park without the knowledge and permission of the Director of Parks and Recreation. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written. APPROVED AS TO CONTENT: Bill Hanley, Interim City Manager PERMITTEE APPROVED AS TO FORM: JEFFREY G . JORGENSEN, City Attorney BARBARA NORRIS, Mayor DATE: • 10 Permittee accepts the foregoing use permit subject to all of the terms and conditions contained herein. Permittee acknowledges that the permit will not become operative until compliance is made with paragraph 19. relating to insurance. PERMITTEE SIGNATURE a� 11 1 M *:-, R �A M 1J � f To: City Council . ,10"`. VIA z William Ran,14 Interim City Manager �r f FROM „'Henry agren.r ' Community Develop +ent � r r z 23MJZCfi T ITATI� l TAR RI MAP 7 -88 % Ll E" t . 4550Laurol 'Road ' f i R L ICAI John t&ite ("twin Cities ngi e : n,4) Y' R ursr ubdiVide 10 44 acre into two, + and- 6' 78 acres, each. j HAC C'RO -The'Atasciadarb Pjanning Commission! Conducted .a puhli.c' May 7., 194S-- concerning- the aboue-referenced., sub eot. Cn''a "Y vote - Ithe 'Commissionm approved the pa�`+�e�, mai .� . t� �. ct the:°findings and conditions 'contained in =,`•the report. john White. �►ppl cant, spo ke` :in supportti f she r�et``�d: n teti his concutrence �wit,ti ;the recommendation. ` . r There -was nopuha c t4stim-6ny given. a RECOMMEIDATI Approval of Ten.ta>tive Parcel .Map 7-88 .subject to h0 f Adlngs and con,diti 30: apJ HE:p cic ' .John _Wit , F Twin,.Cities Za gineering t , v Pk F L s..: l '� / � ` y'f ¢ 4 _' r air--:. < , " ` as - ,I * � I , r S r F Y r ��4 e �k ,. r Y� Y . b r Yf 3 ) ° 11 I ',1 - l 9 g F ' ' �" _' f Y 1 r "" it p k l ik" P MIUMMEMO + r _ i l 1"i 44 K x 3'` y t�.AV i s b� t't l z,� y L r y k y' rt ;'� j . Ip, y _' . 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Y ' Sll k' P 't n11 ,'"�]� 1 `� .Y 5 "q spy d $)Yz div- Y _ t$. r r.r w �'+e"tFA 'y y ': ` .j ##€ t 11-v n '�-v "4y,-�' {j . u: ;� Y gy ,} ,Y.y,Aa "( a` n ����' t`'r"moi �Y f>F 11-1 . i t 6 "°"+l;11 0 11 * &'�R� "./j � iMM't,-1 , �*� 1 m`K'{ `^' i j„ l .. a rN:n$ f 'l '" " ,� t �" Q4,µ L ,rar [` 1 -� _ , J ,+$sof✓�F 'y%�Rp��,' T� p�y�, �g ll '�Yi:JR"9' r r ', ' k t `'.. j �akle"y;, {h dii fA `�"' a„ R* g� 4 `- .` ,,w. d j� { S *r k ,I I Fj 1 �}!` LkR"A * '+ :+ ithl t ,' "yp" f�N+' "� s j�1 g� ^'"" } t .{ 4k i �$-"v ,F. Ff ll� 1. { � , �.f :$M1 y .K i #tom �9 Y 4 A �" Y "{ j,�'Y tc.s3 d S 4 `� >< 'i.°�}�F r mow- ll t s x € - I v l'� v ,� t r r e „t / Y ' ,tr ! �� , '% .�.� '�Y � i ',' '��' Distance from Center (12,000-14,000) .. . . . . . . . . . . 0. 40 Septic Suitability (20-39 min. /inch) . . . . . . . . . . . . 0. 75 Average Slope (21%-39% Basic) . . . . . . . . . . . . . . . . . . . 1. 00 Access Condition (City accepted) . . . . . . . . . . . . . . . . 0. 40 General Neighborhood Character (5. 13 average) . . . 1. 03 Minimum Lot Size. . . . . . . . . . . . . . . . . . . . . 3. 58 acres The proposed lot sizes of 3. 66 and 6. 78 acres are larger than the minimum lot size required. The proposed lot design creates an elongated parcel extending south from the existing developed area. The parcel exceeds the 3 to 1 depth to width ratio allowed by the Subdivision Ordinance. The Ordinance allows for the approval if "adequate assurance that deep lot subdivision will not occur or that deep lot subdivision and subsequent development will be accomplished without detriment to adjacent properties" . This section is meant to prevent resubdivision of the property into "Flag Lots" . The existing zoning would not allow the further subdivision of the property because minimum lot size requirements could not be met. The upper end of the parcel is designated as an scenic open space easement. This will preclude any future subdivision of the proposed lot into "Flag Lots" by eliminating development of . structures in the easement area. This would still apply if the minimum lot size is revised to a smaller size in the future. The proposed scenic open space easement covers a majority of Parcel 2. The easement will prevent the placement of structures along the upper slope ridge on the site. The majority of the site that is highly visible to the community will thus be protected from grading and development. Comments were received from several outside agencies. Our Fire Department noted no problem with the proposed map. The Building Division indicated concern regarding the slope on the site and potential problems with the construction of a septic system. The proposal will have to meet the existing codes and standards in effect at the time of development. The Southern California Gas Company has noted that the site can be served by an existing 2 inch main in Laurel Road. If additional gas mains are installed, they will need to be within the Public Right-of-Way or within approved easements . The site contains a 8 inch high pressure gas pipeline. Development in and around the gas line easement is restricted. C. RECOMMENDATION: i Staff recommends conditional approval of Tentative Parcel Map 7- 88 based on the Findings in Exhibit C and Conditions of Approval in Exhibit D. — ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Findings for Approval Exhibit D - Conditions of Approval Exhibit E - Developer' s Statement JM/jm 0 —HI BIT A - LOCATION MAP CI'T'Y OF ATASCADERO 9550 Laurel Road Tentative Parcel Map 7-88 Iola,' —7" � ' �s�e-7 CMAD COMMUNITY DEVELOPMENT White/Twin Cities �. DEPARTMENT SITE 9550 Laurel Road Pd TPM 7-87 \ White/Twin Cities �O _gyp' �P O 90 04 N11 � i N v `\ r O� O� O - ut/ L(FH) �Hw RS '0,0 G• L(FH) N L(FH) L RS (PD2) I, L R Og b / ' �S RS O D po► // o .SO O EXHIBIT B - TENTATIVE MAF CI 9550 Laurel Road a� •,•, _�. TY OF ATASCADERO Tentative Parcel Map 74 . . : r''•"'.,1 p " 1 ' '•� White/Twin Cities ` ArasCAD COMMUNITY DEVELOPMENT DEPARTMENT I MEefN REW6ST.VAwW.OI 7Mf IMlgN 71 / /fV 4W 4wMY 9M4�w.1 fME AMlI11bL► IwR'R NeeA Uwi Atwf•iwv7wnVC.r 7w•wwcf!41D A/O •IIII/Ilii tl"IRN6.Wp 4W(iT 7•TrL`Yt 1 � �M Y.•wrE�oc. � r `•�' Ex,�x a«rsa rH`w.r rc�oe� '. e/l•K 1 l M i11 b' r L I rpwl L.R.II• . .\ 1 b�KSR�Vs 'I.�i' rr�C a�D � rti[�CbtNl IC71 � / EapT•.W`RwY4NG .SMC IiINI Airy f'!J244 N•f 31 51 E 3'I}. / \ d— �.Tnve-PM9 d•WM- yrimav MwP top 11i�D I' \� Kn.K.w d YCN o!'/iUKct t d AI.ti6 GGIt%rw'JrN7 - 1\.`\l`1 I 1 Ily Mi1I.VM-e1'I!!ti RftcieGm IN anx 4?P 1 N14 i M✓J Q IHS[ 47 Un O.N.MLNfp !J�•-LLspW Mew) � 1 I I � \ � Cnl+Irr a..ar uu a.w,c..raw.r. AOS:AIeRt MG-FDV>—ef KA &AlD C%1 THP--m-AD 7XEP- 7 {D=�VdwL LNL EE/�L[1NFLD l�7/L 00 /NVlil./N7IUA7.W C7/1IiE . `t' KLGafi/•1,D/1.dJL L7YJT7 C/GKJ�IF TWuu Cores F�v�INe�eI via,/wc. zao.wr snera,woE a .,4vo// x rr7 - G 7ens�le7w,uuvae w Ca.77vest .9IE0IwI WIIF AMY, I EXHIBIT C - Findings for Approval Tentative Parcel Map 7-88 9550 Laurel Road White/Twin Cities May 17, 1988 FINDINGS 1. The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2. The creation of these parcels , in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4 4. The site is physically suitable for the density of the `development proposed. 5. The design of the subdivision , and the proposed improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 6. The design of the subdivision , and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. 8. The proposed parcel design will exceed the allowed depth to width ratio of 3 to 1. The proposed map contains a scienic open space easement that will preclude further subdivision of the proposed parcels. i . EXHIBIT D - Conditions of Approval Tentative Parcel Map 7-88 9550 Laurel Road White/Twin Cities Engineering May 17, 1988 CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the property line frontage of each parcel or its public utilities easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. Grading, and Drainage plans, prepared by a registered Civil Engineer shall be submitted to and for review and approval by, the Community Development and Public Works Departments prior to the issuance of any building permits or the recording of the final map. 5. A road maintenance agreement, in a form acceptable to the g P City Attorney, shall be recorded with the deed to each parcel at the time it is first conveyed. A note to this effect shall appear on the Final Map. 6. Address identification signs shall be approved as a part of the issuance of building permits. The signs shall contain 4" (inch) reflective address numbers for each residential unit served by a driveway. The signs shall be located on the right hand side of the drive way and shall be placed so as not to affect the visibility of the intersection. 7. All grading and erosion control measures shall be designed by a registered Civil Engineer and constructed in accordance with the City of Atascadero grading codes and standards. Prior to the final building inspection, said engineer shall submit to the City written certification that grading is in conformance with said codes and standards. 8. Offer for dedication to the Public for Public Utility Easements. 9. Offers of dedication shall be completed to the recordation of the final map. 10. A final map in substantial conformance with the approved 0 tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. C. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 11. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. i JM/jm • �► EXHIBIT E - DEVELOPER STAT. CITY OF ATASCADERO 9550 Laurel Road tet, 4 ' Tentative Parcel Ma 7 u�e-7 p COMMUNITY DEVELOPMENT White/Twin Cities DEPARTMENT r 805/434-1834 TWIN CI TIES ENGINEERING INC. CIVIL ENGINEERING & SURVEYING ALLEN W. CAMPBELL RCE 20244 c March 15, 1988 "- City of Atascadero P.O. Box 747 Atascadero, CA 93423 ATTN: Joel Moses RE: Tentative Parcel ifap AT 87-297 9550 Laurel Road Dear Joel: We hereby request a variance on the 3 to 1 depth to width ratio on the above referenced project. The existing lot presently exceeds the 3 to 1 ratio. We also are proposing to limit building on Parcel 2 to the area lying Westerly of the existing pipeline, and will insure this by use of a scenic easement over that portion of the lot lying Easterly of the pipeline. If you have any further questions, please contact me. Sincerely, Q/1nti Tom Vaughan TV/Pas RECEIVED MAR 30 1988 COM��UNITY DEVEL&NI.ZNT P.O. BOX 777 a 200 MAIN STREET • TEMPLETON, CALIFORNIA 93465 s W t .d 1` 1 City Council ':VIA,.* William Hanley: Interim City' M nager FRS: Henry ` €!n . ,C�uaity �eveld ent �3irector �t r y,y $$ wi Oat/may[ ,Qy, yy 1 k idYV } 41h� �r ,.,1 y1��I8 ( #`"^"F '� �4 f 6 P �.fgs 9. 8, ijECTO TIM, 711W, San 'Jacinto K 1 PI� C1A `'' i - � . l�li�m =and Ain calmer �C�t�sta `�gihe��+�� y � I Teos td vide ``an ,ekisting div 3.tlp�� t . 2 04 acres into two parce s of I' r and h: ` • 4 n ;�/ c 1IT P', `is r Jet, At the ``6 a y i7,public19 8 meeting, the. A�ta�syc n Planning ry�yylan in " yip ii i ,. 4M iMt�LiIV i.+ST Ems. he i.ng th�'S vYwn r�Aia kr /,iRia�r'k 4'Rt� , " . #rt��vote, :theCoCommission: approved th reqt v - Wr; Oppia findings anCxe / � i � condition T#8 as, f d1lows delete last sentence and add fol owing ling age. , y kave-scant shall be as. requiredc ibey the qityy. n ue r 1 plicatat, e�n � sxp �rJohn rAlkenstienj resentin . of An: the request and asked kor 'the 1modifi , r€ dinq t a condition #.8: r, xtCQMZNDATI0', 71 r Approva1 cif Tentativve Parcel, Math -.8`8,"'si findifigs and- conditions of approval, ' "contai a:i in �h� " ttta�he�d staff repArt,' HE:ps g; 4. �cc; 1.1i and n Palmar 1 'Cuesta &—gineering , CITY OF ATASCADERO Item:—B-3 • STAFF REPORT FOR: Planning Commission Meeting Date: May 17, 1988 BY: Joel Moses, Associate Planner File No: TPM 9-88 f SUBJECT: To subdivide an existing developed parcel totaling 2.04 acres into two parcels containing 1.04 and 1.00 acres. A. SITUATION AND FACTS: 1. Applicant. . . . . . . . . . . . . . . . . . . .William & Ann Palmer 2. Representative. . . . . . . . . . . . . . .Cuesta Engineering 3. Project Address. . . . . . . . . . . . . .4800 San Jacinto Ave. 4. Legal Description. . . . . . . . . . . .Lot 6, Blk. NC, Atas. Col 5. Site Area. . . . . . . . . . . . . . . . . . . .2.04 acres • 6. Zoning. . . . . . . . . . . . . . . . . . . . . . .RSF-Y (Residential Single Family Minimum lot size 1 acre with sewer , 1 1 / 2 without sewer) . 7 . General Plan Designation. . . . .Moderate Density Single Family 8. Existing Use. . . . . . . . . . . . . . . . .Single Family Residence 9. Environmental Status. . . . . . . . .Negative Declaration posted May 5, 1988 B. ANALYSIS: The applicant proposes to subdivide an existing developed parcel containing 2. 04 acres into two parcels containing 1. 04 and 1.00 acres. Both parcels will have direct access to San Jacinto Ave. Parcel 1 will also have a small frontage on Delores Ave. The site is within the Urban Services Area but is not served by sewer at the present time. 1 The subject property is located in the RSF-Y (Residential Single Family) zone. Minimum lot size in this zone varies between 1. 0 and 1. 5 acres depending on the availability of sewer. The site currently is not served by sewer. A sewer annexation request has been made and no problem of approval is foreseen by staff. If annexation is approved, the minimum lot size for the site would be reduced from 1. 5 to 1. 0 acre. The proposed lot sizes of 1.00 & 1. 04 acres will then meet the minimum lot size required for the site. Comments were received from several outside agencies. Our Fire Department indicates no problem with the proposal as long as the existing codes and standards are followed in the development of the parcels . The Building Division notes the problem of the existing structures crossing the proposed property line. The applicant has noted the removal of the structures as a part of the approval . The Engineering Department has requested road improvements to San Jacinto Road and restriction of access to Dolores Road. C. RECOMMENDATION: Staff recommends conditional approval of Tentative Parcel Map 9- 88 based on the Findings in Exhibit D and Conditions of Approval in Exhibit E. ATTACHMENTS: Exhibit A - Location Map Exhibit B - Tentative Map Exhibit C - Sewer Annexation Request Exhibit D - Findings for Approval Exhibit E - Conditions of Approval JM/jm 2 x : 11 • ME • .fly► 4w, • ' 'iii►•: �l// ILI ��:i""' 1111111 / � � y• gee •. _._. :: . �-. P 4-MR 111 � ■ � . _r�j� EXHIBIT B - Tentative Map CITY San Jacinto Road TY OF ATASCADERO Tentative Parcel Map 9-88 r'�a��'•� ` . ' 1tl7•� Palmer/Cuesta Eng. �asOw COMMUNITY DEVELOPMENT DEPARTMENT I /o4l - �Op� I . PARCEL / ":,r ,•\ • �\ _ V/L/N/TY MAP • - - \ a\� 011lV f f LER7%f/LATE /.00 ALRES' _ -�•^j •L. _ TENTAT/✓EP.ORLfL MAP ATpB-OS9 sJY_rti% LG/E57A fN6/NEER/N6 EXHIBIT C - SEWER REQUEST CI 4800 San Jacinto Road ii' TY OF ATASCADERO Tentative Parcel Map 9-88 4.� r'� i•� . ' 1tl�•� Palmer/Cuesta Eng. cw COMMUNITY DEVELOPMENT DEPARTMENT C CUESTA ENGINEERING //88-039C 7401-B El Camino Real/P.O.Box 2066 Atascadero,California 93423 (805)466-6827 March 30, 1988 Paul Sensibaugh,.;City Engineer City of Atascadero P. 0. Box 747 Atascadero, CA 93423 SUBJECT: Request Sewer District Annexation Lot 6, Block NC, 4800 San Jacinto Dear Paul: As representative for William and Ann Palmer, I hereby request annexation of the subject property into the sewer district, upon tentative approval of our parcel map application (Parcel Map AT 88-059). Thank you for your consideration. Sincerely, 1 John Falkenstien R.C.E. 33760 Exp. 6/30/90 JF:cb Attachment EXHIBIT D - Findings for Approval Tentative Parcel Map 9-88 4800 San Jacinto Road Palmer/Cuesta Eng. May 17, 1988 FINDINGS 1 . The creation of the proposed parcels conform to the Zoning Ordinance and the General Plan land use designation, densities and other policies. 2 . The creation of these parcels , in conformance with the recommended Conditions of Approval, will not have a significant adverse effect upon the environment. The Negative Declaration prepared for the project is adequate. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of the development proposed. 5. The design of the subdivision, and the proposed- improvements, will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat 6 . The design of the subdivision , and the type of the improvements, will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision; or substantially equivalent alternate easements are provided. 7. The proposed subdivision complies with Section 66474. 6 of the State Subdivision Map Act as to the methods of handling and discharge of waste. 8 . The applicant has applied for annexation to the Sewer District to provide for sewer services to the site. JM/jm --�11QNS OF APpROVAZ - 7 �oission) 1. Wa to Companyr steal each • Wate Obtained re Parcel r lanes from the At., 2. All ordinq of the ba Public 1 t be xtend a too Mutual Other maP• les easement fronts ter are r easement and PrOPos t Prior t the f they shall be Or other S are o be shown tY, Pipeli 3. be j rel°ratio noted °n the On f na ons relate In map n space or responsibilieydorr al 1 maP. d to the ea efihlte 4. on f s nnexedo the recor the developer at his Ing ut . also be Into P ld Pri Sewn g D s the f• al his sole ex ens s, shall 5. r in Pens The newl or to the re act• All aP the sit eWly•foil°ante Xa ots shall COrdat1pn of the fate Sfees s e 6. Gra lots med jots Pri rPt rmit fees conneshalcted to anal maP• hall by Engine sha Drainage O the record!nl be paid the f blit Priorhto Commu i y evmiPtt d,terepared b q of the final tmap. 7• Ob assuance elopment and for Y a regist Obtain of and revie ere guars c W rks Department °achment _any build ng p rm°rks D Pa apprand oval 1 nteein epartme Permit its• rtments said .for g that the nt. Sign from the C. im art of Public to the wOrk will an InspecttY of Ata the f. encs lir works issuance be done "On Agreementscado ma final bu as directconstruct • of a buil and the Inspection ent P, whicheVeldinq ins ed by the aOnI and co st permis encr $• En ad amProvem r Comes first st Ion or ent the recd Oac ent Pct er It or nee he lac Workr shall ll bePsubm Prepared riling Of the finaPrior l o Of the f. ctDoPartments bo to the a Regis Permit final man °f the i r revie C°mmunit eyed Civil net limited to eperO omeS orpto the nts anor pP o ab e bPi ent and i first• or Por to or to Plans shall iany record . g Include but g C=!Tm j San Jacinto Road: Design shall meet all City development standards, including measures to preserve and protect existing trees on the site and in the public right-of-way, as approved by the Community Development and Public Works Departments. Extent of pave out to be determined by the Public Works Director. 9. Construction of the public road improvements shall be completed or bonded for prior to the recording of the final map, or prior to the final inspection of a building, if approved by the Community Development and Public Works Departments. 10. Parcel 1 shall have no ingress or egress access to Dolores Ave. Relinquishment of access rights shall be delineated on the final map. 11. Offer of dedication to the City of Atascadero the following rights-of-way and/or easements: Street Name: San Jacinto Road Limits: 25'-0" from centerline to edge of right-of-way along the entire frontage. Street Name: Dolores Ave. Limits: 20'-0" from centerline to edge of right-of-way along the entire frontage. 12. Offer for dedication to the Public for Public Utility Easements. 13. Offers of dedication shall be completed and recorded with the final map. 14. Appropriate permits shall be obtained from the Community . Development Department for the demolition of the existing deck and pool. Said improvements shall be removed prior to the recording of the final map. 15. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map. c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 16. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/jm EXHIBIT E - Conditions of Approval Tentative Parcel Map 9-88 4800 San Jacinto Road Palmer/Cuesta Eng. May 17, 1988 (Staff Revised) CONDITIONS OF APPROVAL 1. Water shall be obtained from the Atascadero Mutual Water Company. Water lines shall be extended to the frontage of each parcel or its public utilities easement prior to the recording of the final map. 2. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 3. All relocation and/or alteration of existing utilities shall be responsibility of the developer at his sole expense. 4. Prior to the recording of the final map the site shall be annexed into the Sewer District. All appropriate fees shall also be paid prior to the recordation of the final map. 5. The newly formed ��`lot_ hall be connected to the 'Public Sewer. All annexa'tson permit fees shall be paid for the newly formed lots prior to the recording of the final map. 6. Grading, and Drainage plans, prepared by a registered Civil Engineer shall be submitted to and for review and approval by, the Community Development and Public Works Departments prior to the issuance of any building permits. 7. Obtain an encroachment permit from the City of Atascadero Public Works Department. Sign an Inspection Agreement guaranteeing that the work will be done and the inspections paid for, prior to the issuance of a building permit, or start of public works construction, and construct improvements as directed by the encroachment permit prior to the final building inspection or the recording of the final map, whichever comes first. 8. Road improvement plans prepared by a Registered Civil Engineer shall be submitted to the Community Development and Public Works Departments for review and approval, prior to the construction of the improvements, or prior to recording of the final map, or prior to the issuance of any building ' permit, which ever comes first. Plans shall include, but not limited to: San Jacinto Road: Design shall meet all City development standards, including measures to preserve and protect existing trees on the site and in the public right-of-way, as approved by the Community Development and Public Works Departments. Pave out shall be a minimum of 15'-0" from centerline of right- of-way. 9. Construction of the public road improvements shall be completed or bonded for prior to the recording of the final map, or prior to the final inspection of a building, if approved by the Community Development and Public Works Departments. 10. Parcel 1 shall have no ingress or egress access to Dolores Ave. Relinquishment of access rights shall be delineated on the final map. 11. Offer of dedication to the City of Atascadero the following rights-of-way and/or easements: Street Name: San Jacinto Road .Limits: 25'-0" from centerline to edge of right-of-way along the entire 'frontage. Street Name: Dolores Ave. Limits: 20 '-0" from centerline to edge of right-of-way along the entire frontage. 12. Offer for dedication to the Public for Public Utility Easements. 13. Offers of dedication shall be completed and recorded with the final map. 14. Appropriate permits shall be obtained from the Community Development Department for the demolition of the existing deck and pool. Said improvements shall be removed prior to the recording of the final map. 15. A final map in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in accordance with the Subdivision Map Act and the City' s Subdivision Ordinance prior to the recording of the final map. a. Monuments shall be set at all new property corners created and a Registered Civil Engineer or Licensed Land ' Surveyor shall indicate, by certificate on the final map, that the corners have been set or will be set by a specific date and that they will be sufficient to enable the survey to be retraced. b. A recently updated preliminary title report shall be submitted for review in conjunction with the processing of the final map., c. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 16. Approval of this tentative map shall expire two years from the date of final approval unless an extension of time is granted pursuant to a written request prior to the expiration date. JM/jm r w r u i 4 MEMORANDUM F 1 TOt City yCvupcil jan Interim Clit Mor v z P44 K. Sons;0b ai§rh; Director 6f 'Public Vb Its { SUVCT : 'bequest for. Prto sal Diai,-A4ici S ` DAT-M. June a ' 19se t tx Pic / j.i , . i`It 4zrecosm de,4 that. Council authori w stiff o advert,I a e h . ` attached-. . Request for. Prcpca ` Operation of the, City Dial-A-Ride: t rl+rlde , f r Tiho ti v e urreant..r ua er ent contract, be t rig t � C ux itY 'Transit Service's will expire ern Jae $0 f tha s years Staff was " dikec°ted- :one y,ea ' al.0 t4 -propboals fcok 190/89 from 'athar` transit ,cc nt ixrsur that the. City is redeiving, the- -. beat ggrvt act . p0a iblo. Morro tay, is also reque$ting -prCtp6tilt' 4t-, �boiut' ,lt safe tiara,` While the , st'a fs r neat concerned xned that t# ere. is any .ecc��ncriri r--o =s+ l , ��oc1a Frith, , acbinedbids.f c,e ha�re, a�eed to ireiticn ea ' other's woposa1 .thin our own, �� Disco. sion': ' he1e of service prbpo :,ed in: the RFS' s unchan+ ed from the: exiata.ng contrast with.: C°1'S , hi�we�er, the contract - -does .. a.lIow- fear ha,n-q4_s in tne kcbpe f J ervices tc►.. - a ltowfor expanded s.ervic.eicur f Caur}c%1 ' egts'' 4,brinc the. ,contract year. r. 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City of Atascadero Notice of Request for Proposals TABLE OF CONTENTS Notice of Request for Proposals Cover Request for Proposals Part 1 Scope of Work Part 2 Draft Transit Operations Agreement Part 3 City of Atascadero Notice of Request for Proposals for Operation of the City of Atascadero Dial-A-Ride Service Notice is hereby given that the City is accepting proposals from qualified, independent contractors to provide Dial-A-Ride transit services within the limits of the City of Atascadero for a period of three (3) years) D.A.R. operates approximately 7, 800 annual service hours with a current. fleet of five city provided vehicles . Currently all service hours are demand responsive DAR. There is currently no fixed route services :-- A copy of the detalied Request for Proposals , including necessary submittal requirements , are available from: . City of Atascadero Department of Public Works Atascadero, CA 93423 Attention : Valerie Humphrey (805) 466-8000 Proposals will be accepted until 2 : 00 p .m. on XXXX XX, 1988 at the above address . Proposals received after the above date will not be considered and will be returned unopened. A pre-proposal conference will be held on XXXX XX , 1988 at 1 : 30 p .m. in the office of the Director of Public Works , 6500 Palma Avenue, Atascadero , California . A tour of the facility will be given immediately following the conference . The City reserves the right to reject or accept any or all proposals . The selection of the successful contractor will be based upon several criteria as determined by the City and will not be based solely on cost . , Please note that the City of Motto Bay is also requesting proposals for a similar service and that the contractor may find some advantage to receiving both contracts . For more information contact the Department of Public Works at (805) 466-8000 . EXHIBIT A City of Atascadero REQUEST FOR PROPOSALS TABLE OF CONTENTS I . General Information Page No . A. History 1 B. Service Description 1 C. Fleet 1 ,2 D. Operation and Funding 3 E. Location 3 II . Selection Process A. Tentative Schedule 4 B. Pre-Proposal Conference 4 C . Submission of Questions 4 D. Protests 5 E. Proposal Submittal Deadline 5 F. Evaluation of Proposals 5 G. Interview 6 H. " Selection 6 III . Conditions and Instructions for Proposed Submittals A. Adherence to Proposal Form 6 B. Required Submittal Information 7 C. Single Contractor 9 D. Proposing Firm' s Representations 10 E. Pre-Contractual Expenses 10 F. Verbal Agreement or Conversation 10 G. Special Funding Considerations 11 H. Alternatives and Exceptions 11 I . Non-Exclusivity of Contract 11 J. Withdrawal of Proposals 11 K. Non-Collusion Affadavit 12 L. Visits to the Transit Facility 12 M. Lobbying 12 Form A (Pages 1 and 2) Proposed Budget Breakdown 13 Form B Proposed Staffing Plan 15 I . General Information A. History The current system was proposed and started by the County of San Luis Obispo . Upon Incorporation in 1979 the City of Atascadero took over responsibility for the demand responsive Dial-A-Ride transit system. The county operated the system thru a private transit provider and continues to be operated under contract with an independent , private service provider . The demand responsive system has been revised periodically over time to attract more ridership . The current program does allow for trips to the hospital , which is outside the city limits . B. Service Description Dial-A-Ride operates a demand responsive system generally within the city limits of Atascadero. Figure I is a map of the DAR service area which incorporates • approximately 25 square miles . The DAR system operates weekdays , Monday thru Friday from 7: 30 a.m, to 6 : 00 p.m. C. Fleet The City currently provides the contract operator with a fleet of five buses , 16 and 25 passenger . Figure II is the current vehicle listing. Two additional buses are presently being sought through the Section X18 grant process . • 1 FIGURE I 101 - SANTA CRUZ ROAD r.DEL RIO ROPE .r 1 '9 /A_ t daft-z.L l4 J CC5 t..' p atm ', ++rte 4 ;t `� ' c •. �> xs 9 p cr CL `DCIP o - 41 Cj T n x - s9 s9�T�4 ROSA + Lr y G Gqe y 3 RFL RO A�) o •� o zip 9l Q Glp ��O�F 101 b CZ) A, • Figure II City of Atascadero DAR Vehicle Inventory 1981 Chevrolet Wayne Transette 16 passenger Wheelchair Lift Equipped 1985 Dodge Wide One 16 passenger Wheelchair Lift Equipped 1981 Chevrolet Bluebird 25 passenger 1987 Dodge Wide One 16 passenger Wheelchair Lift Equipped 1987 Dodge Wide One 16 passenger Wheelchair Lift Equipped i 2 i • D. Operation and Funding Dial-A-Ride operates under the Department of Public Works . The Superintendent provides day to day administration, planning, marketing, budgeting, contract , monitoring and community liason activities . All day to day operations and maintenance activities , including the supervision of those activities , are the responsibility of the private service contractor . DAR is funded from a combination of federal and local sources . It receives both Section 9 and Section 18 UMTA funds as well as a share of Local Transportation Funds (LTF) . Approximately 13% of the D.A.R. budget has been funded from fare box revenues . E. Location Atascadero is located on the Central Coast in San Luis Obispo County and has;..a population of approximately 22 , 000 . 3 • Section II A. Selection Process The tentative schedule of significant events relating to this project follows. The City reserves the right to modify this schedule and any specific time-of-day deadlines are discussed in the appropriate section . Event Date Release RFP xxxx, xx , 1988 Pre-Proposal Conference xxxx , xx, 1988 Deadline for submitting protests xxxx xx , 1988 Proposals Due xxxx xx, 1988 Evaluation of Proposals xxxx xx , 1988 Interviews with Selected Firms xxxx xx, 1988 Selection by Staff and Council xxxx xx, 1988 Contractor Begins Service xxxx xx , 1988 B. Pre-Proposal Conference The pre-proposal conference will be held in the office of the Director of Public Works at 6500 Palma Avenue on xxxx xx, 1988 at 1 ; 30 p .m. The purpose of the conference is to respond to questions and comments pertaining to the proposal process and content . All prospective proposers are invited to attend, but attendance is not required to qualify for consideration . C. Submission of Questions Any communication related to this RFP between prospective proposers and the City shall be in writing. Sufficient time to respond to any communications must be allowed. Any responses may be made available to all prospective proposers . 4 D Protests Any prospective proposer wishing to protest any aspect of this RFP or selection process must submit said protest in writing to the Director of Public Works . The City' s response will be mailed to all proposers as an addendum, and said response shall complete the local protest review procedure . E. Proposal Submittal Deadline Proposals will be accepted until 2 ; 00 p .m. xxxx xx, 1988 at which time an opening will be held. Until award of contract , the proposals will be held in confidence and shall not be made available for public review. F. Evaluation of Proposals A review panel has been established to review all proposals submitted pursuant to the terms of this RFP. The evaluation of proposals will be based on criteria established by the City . The evaluation criteria shall include, but is not necessarily limited to the following; Completeness of the proposal submitted and compliance with the terms and conditions of the RFP. Incomplete or vague proposals may be rejected. Financial stability and capabilities of the proposer Cost of providing the contractual services Transit management and operational capabilities and experience of the proposer . Experience and qualifications of the Site Supervisor proposed. Understanding of the service to be provided. Safety and Training Program offered. Responses to reference check. The City reserves the right to award the contract to other than the lowest cost proposal allowing for a more responsive proposal that addresses all of the above criteria and best satisfies the cities needs . The evaluation team may consider criteria y other than the above as necessary in the selection process . 5 G. Interview Prospective proposers should be prepared to attend an interview. Key management personnel must be available at the interview including, at a minimum, the proposed Site Supervisor and responsible senior management employee . City may choose, at its sole discretion, to not interview all proposers . H. Selection The Atascadero City Council will receive a recommendation from the Evaluation Team and Interview Panel based on the results of the proposal . evaluation and personal interviews . Such a recommendation is 'expected to be made at the regularly scheduled City Council meeting on xxxx xx, 1988 . 4 . City reserves the right to withdraw this RFP at .any time without prior notice. City also makes no representation that any agreement will be awarded to any proposer responsing to this RFP. City expressly reserves the right to reject any and all proposals or to waive any irregularity or informality in any proposal or in the RFP procedure and to be the sole judge of the responsibility 'of any proposer and of the suitability of the materials and/or services to be rendered. III . CONDITIONS AND INSTRUCTIONS FOR PROPOSED SUBMITTALS Attached is a Draft Transit Operations Agreement and a detailed Scope of Work for this project . These contain other specific contractural conditions such as indemnification , insurance, contract termination , payment process , affirmative action, etc . The successful proposer , if any, will be expected to execute an agreement substantially identical to the agreement attached. A. Adherence to Proposal Form All proposals are to be prepared in strict conformity with these instructions and submitted on the forms requested. Unacceptable conditions , limitations , provisions , or failure to respond to specific instructions or information requested in the RFP may result in rejection of the proposal . 6 • • B. Required Submittal Information Proposals must be received by no later than 2 ; 00 p .m. xxxx xx, 1988. Please submit one (1) original and one (1) copy of each proposal to; City of Atascadero 6500 Palma Avenue P.O. Box 747 Atascadero, CA 93423 Attn: City Clerk Mark Envelope : Transit (DAR) Proposal The following information must be in each proposal ; (1) Organizational Information Statement of firm' s organizational structure, experience, history, legal status (i . e . , partnership, corporation, etc .) capabilities , financial solvency, list of owners and officers and management philosophy . Particular attention to management philosophy is very important since we are interested in how you intend to manage the staff and system. For example, will you have local people, hire full- time or mostly part-time people? Will the staff be a self- governing unit or one directed from some other location , etc? (2) References List at least three (3) references , preferably from similar operations (size and/or type) , including the agency , contact person and telephone number . (3) Personnel Submit the qualifications, background and availability of candidates for Site Supervisor and responsible senior management employee . Indicate the name and qualifications for the individual proposed to conduct traning and safety activities . Generally describe the other personnel who will participate in the performance of this contract , such as years of experience, skill and availability . Names of management personnel being proposed shall be kept confidential if requested. (4) Budget Submit a detailed breakdown on Form A attached. 7 0 . (5) Job Classifications and Wage Scales Submit a detailed breakdown of staffing including job classifications and wage scales on the attached Form B. (6) Employee Benefit Package Submit the specific benefit package that will be provided. Include any incentive or motivational programs provided. (7) Statement of Understanding Submit a detailed description of the proposing firm's understanding of how a demand responsive dial-a-ride system should be operated as well as a description of the advantages and weaknesses of such a system. (8) Vehicle Maintenance Program The City fleet maintenance is provided through local repair shops . THe Site Supervisor , with general direction , will be responsible for diagnosing and scheduling vehicle servicing, maintenance and repair, including inspection schedules , cleaning and washing schedules and related repairs , as approved by the Superintendent of Public Works . (9) Driver Training Submit a description of hiring and training programs for drivers and other employees . Include a description of driver turnover rates experienced organization wide during the past two years . (10) Safety and Risk Management Programs Submit a description of the formal safety programs you intend to implement which will encourage safety in the operation and maintenance of this system. (11) Insurance Coverage Provide a statement indicating insurance coverage by type and dollar amount and loss history for the past three (3) year period. (See Agreement Section 5 (d) .) (12) Plan and Schedule of Operation Special attention must be given to a smooth transition between contractors if a change occurs . 8 (13) Vehicle Scheduling and Dispatching • Submit a description of the scheduling and dispatching process to be used for DAR services . Indicate proposed staffing. Describe the relationship between these staff persons and those performing work as telephone information and reservation operators . (14) Bid Bond Proposals must be accompanied by a check for Ten Thousand Dollars ($10, 000. 00) , and said check must be certified by a bank, and must be made payable to the City of Atascadero. In lieu of such a check, a proposer may accompany his proposal with a bond for said amount payable to the City of Atascadero which bond must be signed by the proposer and by two sureties , or an authorized surety company, all as provided by law. Such surety will be retained by City if the successful proposer fails or refuses to enter into a contract awarded him. The checks ander- bonds shall be returned to all proposers following the execution of a contract with the selected proposer . (15) RFP Addenda Any changes to this Request for Proposals (RFP) , including • the Draft Agreement and Scope of Work, will be made by addendum. All addenda shall be signed and attached to the respective Proposal Form or such addenda - shall be acknowledged in writing on the proposal . Failure to attach any addenda or acknowledgement shall cause the proposal to be considered nonresponsive . Such proposals shall be rejected. (16) DBE Certification Submit any certifications as appropriate that the proposing firm is a Disadvantaged Business Enterprise (DBE) . The definition of DBE' s now includes those businesses owned by minorities and women . Additional information such a specific employee experience and other vague or unanswered information in a proposal may be requested by the City on an individual contractor basis . C . Single Contractor If the proposal consists of a "prime" contractor and subcontractor the proposer shall identify the subcontractors in the areas of their responsibility ; but the City will enter into an acrreement only with the prime contractor who shall be responsible for all services required by the attached agreement . 9 • • . D. Proposing Firm' s Representations In submitting its proposal , the proposing firm makes the following representations : (1) The firm is familiar with all requirements of the general conditions , specifications and instructions . (2) The firm is familiar with all matters affecting the performance of the work, including all general and special laws , ordinances and regulations that may affect the work, its performance or those persons employed therein . (3) The firm is in the business and is fully qualified and skilled in the field of public transit and is fully willing and able to satisfy the requirements of the contract at the stated rates and any award of contract is in 'reliance on such representations . E. Precontractual Expenses Precontractual expenses are defined as expenses incurred by proposers and selected contractor in: • (1) Preparing proposal in response to this RFP (2) Submitting proposal to the City (3) Negotiations with the City on any matter related to proposal . (4) Other expenses incurred by contractor or proposer prior to date of award for any agreement . In any event , the City shall not be liable for any precontractual expenses incurred by a proposer or selected contractor . Proposers shall not include any such expenses as part of the price proposed in response to this RFP. The City shall be held harmless and free from any and all liability, claims or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFP. F. Verbal Agreement or Conversation No prior , current or post award verbal agreement (s) with any officer , agent or employee of the City shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement . 10 G. Special Funding Considerations . Any contract resulting from this RFP will be financed primarily with funds available under Article 4 . 0 of the California Transportation Development Act (TDA) . The contract for this service is contingent upon the receipt of these funds from the members to the City of Atascadero . In the event that funding from this source is eliminated or decrased, the City reserves the right to terminate any contract or modify it accordingly. H. Alternatives and Exceptions Proposers may not , after exhausing protest avenues , take exception or make alterations or any requirement of the RFP. If an alternative proposal is submitted, it must be submitted as a separate proposal . No such proposal shall be considered unless it satisfies all minimum qualifications specified in this RFP. The City expressly reserves the right at its sole discretion to consider such alternative proposals and to award a contract based thereon if determined to be in the city' s best interest . Since the City desires to enter into one contract •to provide all serivices , only those proposals to provide all services will be considered responsive. I . Non-Exclusivity of Contract It shall in no way be construed that any contract to be awarded hereby is or shall be the sole or exclusive contract for transit service into which the City may enter . The contractor has no exclusive rights granted per a contract . J. Withdrawal of Proposals Any prospective contractor may withdraw a submitted proposal by a written request within four (4) calendar days following the final proposal submission deadline . Thereafter the City will expect the proposals to be in effect until the contract is awarded. Any withdrawal shall automatically surrender the bid bond to the City . 11 K. Non-Collusion Affadavit By submitting a proposal , the prospective contractor represents and warrants that such a proposal is genuine and not a sham, collusive or made in the interest or in behalf of any person or party not therein named and that the prospective contractor has not directly or indirectly inducted or solicited any other contractor to put in a sham bid, or any other person , firm or corporation to refrain from presenting a proposal and that the prospective contractor has not in any manner sought by collusion to secure an advantage. If it is found that collusion exists , proposals will be rejected and contract awards found null and void. L. Visits to the Transit Facility A tour of the facility will be conducted immediately following the pre-proposal conference . This tour will review available equipment and facilities . Additional visits will be allowed by appointment only . Appointments must be set up with the Director of Public Works . M. Lobbying Any party attempting to influence the proposal , submittal and/or review process relating to this RFP through either divert or ex parte contact with any City employee may have their proposal rejected. 12 . EXHIBIT B City of Atascadero REQUEST FOR PROPOSAL Form A (Page 1 of 2) PROPOSED BUDGET BREAKDO14N Budget Elements Year One Year Two Year Three Labor: Management Labor $ $ $ Management Benefits Office/Clerical Labor Office/Clerical Benefits Operator Labor Operator Benefit Administration Labor Administration Benefit Subtotal $ $ $ Expenses: Non-Vehicle Insurance $ $ $ Telephones Office Supplies Training and Recruitment Uniforms Physicals Other (Please Specify) Contract Fee Subtotal $ $ $ Total Budget $ $ $ 13 . i REQUEST FOR PROPOSALS Form A (Page 2 of 2) Based on the above budget figures and based on an estimate of 7800 vehicle service hours indicate below: Monthly Fee for Fixed Costs $ $ $ Hourly Rate for Variable Costs $ $ $ The above budget breakdown and the other attached proposed materials -represents an offer to do work as described in this proposal. It is understood that this offer shall remain in effect until , 1988 unless withdrawn pursuant to the conditions of the subject RFP. i Signature: (Authorized Person with Legal Authority to Bond Proposer) Signer's Name and Title Date Signed: 14 City of Atascadero REQUEST FOR PROPOSALS Form B PROPOSED STAFFING PLAN Number of Number of Average Hourly Wage Job Classification Positions Hours Wage Scale Year l Year 2 Year 3 Management: 1) Site Supervisor 2) 3) 4) 5) Operations: 1) Drivers 2) Dispatchers 3) .4) Wage Scale would be the range of hourly wage or monthly salary. Average Pay is a forecase of the average wage paid that is used to develop the Budget Breakdown on Form A. 15 EXHIBIT C City of Atascadero SCOPE OF WORK TABLE OF CONTENTS Page No . Section 1 - City Duties and Responsibilities 1 . 1 System Planning and Administration 1 1 .2 Advertising and Promotion 1 1 . 3 Vehicles , Equipment and Supplies 1 1 .4 Schedules , Tickets and Service Brochures 1 1 .5 Radio Communications Systems 2 1 . 6 Notification of Service Changes 2 Section 2 - Contractor Duties and Responsibilities - Operations 2 . 1 Operations - General 2 2 .2 Extra Service 3 2 . 3 Operations Management 3 2 .4 Employee Selection and Supervision 4 2 .5 Training of Drivers and Operations Personnel 4 2 . 6 Drivers Responsibilities 5 2 .7 Uniforms 5 2 . 8 Safety Program 5 2 . 9 Road Supervision 5 2 . 10 Accident and Incident Reporting 6 2 . 11 Fares and Fare Collection 6 2 . 12 Scheduling and Dispatch Functions 7 2 . 13 Information System 7 2 . 14 System Promotion 7 2 . 15 System Recommendations 8 Section 3 - Contractor Duties and Responsibilities - Maintenance 3. 1 Maintenance - General 8 3 .2 Vehicles and Equipment 8 3 . 3 Maintenance Management 9 3 .4 Daily Vehicle Servicing 9 3 .5 Preventative Maintenance and Inspection 9 3 . 6 Vehicle Repair 10 Section 4 - Reports and Records 4 . 1 Operating Reports 10 4 .2 Maintenance Records 11 4 . 3 Financial Records - 11 Attachment S . l : City Service Schedules and Information Brochures Attachment S .2 : City Vehicles and Major Equipment Inventory City of Atascadero SCOPE OF WORK Section 1 — City_Duties and Responsibilities The City shall perform the following duties and accept the following responsibilities with respect to the performance of City services . To the extent reasonable and feasible, CONTRACTOR shall assist the City in this regard. 1 .1 System Planning and Administration The City shall be responsible for all planning activities relative to the City routes , schedules , days and hours of operations , bus stop locations , location of street furnishings , preparation of planning documents , budgets , grant applications and related documentation and other such activities relative to overall system administration . 1 .2 Advertising_and Promotion The City shall prepare, place, schedule and pay for all advertising and promotional materials designed to inform City patrols of City services and to promote ridership , 1 . 3 Vehicles , Equipment_and Supplies The City shall provide fuel ; tires ; vehicles equipped with radios , fareboxes , and all equipment necessary for safe operations ; all capital costs associated with vehicles , radios , furniture and maintenance equipment ; lease or purchase of office copy machine; vehicle licenses ; component changeout costs ; actual cost for vehicle insurance, to be secured by CONTRACTOR; and office, dispatch and vehicle parking facilities . 1 .4 Schedules . Tickets and Service Brochures The City shall provide to CONTRACTOR all schedules , passes , tickets , transfers , service brochures and like materials required by operations . CONTRACTOR shall distribute and disseminate such materials in accordance with the provisions of this agreement and any directions , supplemental thereto provided by the City . 1 1 .5 Radio Communications Systems . CONTRACTOR shall use the radio communications system provided to it by the City solely for the purpose of providing radio communications between its radio communications dispatch center and City vehicles in connection with City operation. CONTRACTOR shall comply with all applicable federal statutes and regulations in connection with such use. 1 . 6 Notification of Service Chancres Should the City determine to implement a different design for the transit system, the City shall confer with CONTRACTOR as to the most appropriate level and description of services and shall adopt an appropriately altered Scope of Work document , replacing the one in use at present , ' Section 2 - Contractor Duties -and Responsibilities Operations Using vehicles and equipment provided by the City, CONTRACTOR will operate demand responsive dial-a-ride as specified by the City . Bus service shall be operated in strict accordance with the operating days and hours , service description, routes and schedules set forth in the current service brochures contained in Attachment S-1 , or any revisions thereto , and shall provide such service in a safe, professional manner . Required performance of operations service by CONTRACTOR is as follows : (a) Both demand responsive dial-a-ride and/or fixed route service . (b) Within boundaries determined by the City (c) Maximum of 7800 annual vehicle service hours , unless authorized by change order from the City (d) Weekday service hours are between 7 : 30 a .m, and 6 : 00 p.m. for the demand responsive dial-a-ride system. (e) No service will be provided on the following legal holidays : Independence Day, Labor Day , Thanksgiving Day and the day following, Christmas Day, New Year' s Day, President' s Day and Memorial Day . If such a holiday falls on a Saturday or Sunday the City may designate both the preceeding Friday or the following Monday as well as the actual day of observance as a non- service day . 2 (h) Additional days may be operated at a reduced service level , at the direction of the City . Such days may include, but are not limited to, Columbus Day, Veteran' s Day, Christmas Eve, New Year' s Eve and Lincoln' s Birthday . 2 .2 Extra Services In addition to regular City operations , CONTRACTOR may from time to time upon receiving specific authorization by the City provide speical transportation services using City vehicles , provided that such special services are determined by the City to be in the public interest and are in compliance with applicable federal and state statutes , CONTRACTOR shall be entitled to compensation for such services as provided for under Paragraph 9 of this agreement . 2 . 3 Operations Management CONTRACTOR shall provide operations management at a level and capability sufficient- to oversee its functions and employees . CONTRACTOR shall designate and provide the services of a full-time Site Supervisor , who shall provide overall day to day supervision of City operations under the terms of this agreement . The Site Supervisor shall work cooperatively with the City' s Transit Manager providing operational data as described in this Scope of Work, responding to comments from the City, passengers and the general public and responding to specific requests for other assistance as the need arises . The person serving as Site Supervisor shall be approved by the City ad shall not perform other duties for CONTRACTORwithout notification of and consultation with the City Transit Manager . In addition, a responsible senior employee of CONTRACTOR will be available at all times , either by phone or in person , to make decisions or provide coordiantion as necessary . The above individuals will be responsible for monitoring all aspects of the systems operation and maintenance including, but not limited to : ridership; quality of service; fare collection and accounting in accordance with currently established procedures ; maintennance and repair work; attitudes , motivations, and performance of all personnel . Methods of improving the City operations and services will be sought out , along with any deficiencies and substandard performance,-- and will be reported to the City along with any corrective actions which may have been taken . 3 Should the services of the Site Supervisor become no longer available to CONTRACTOR, the resume and qualifications of the proposed replacement shall be submitted to the City for approval as soon as possible . The City shall respond to CONTRACTOR within three (3) working days following receipt of these qualifications concerning acceptance of the candidate for replacement Site Supervisor . 2 .4 Emplovee Selection and Supervision CONTRACTOR shall be responsible for the employment and supervision of all employees necessary to perform the City operations . Such responsibilities shall include employee recruitment , screening, selection, training, supervision , employee relations , evaluations , retraining and termination . CONTRACTOR shall use appropriate employee screening and selection criteria . These criteria - will include Department of Motor Vehicles license checks and physical examinations . Nothing in this section shall be construed by either CONTRACTOR or the City to be in conflict with the language and intent of Paragraph 10 "Control" of this agreement . 2 .5 Traininct of Drivers and Operations Personnel CONTRACTOR shall develop, implement and maintain a formal training and retraining program for all drivers , subject to approval by the City . The program must provide, at a minimum, twenty (20) hours of classroom instruction covering defensive driving, vehicle code , vehicle components , first aid, state rules and regulations , accident/incident procedures , radio procedures , wheelchair lift procedures , passenger relations , employee work rules , City operating policies as promulgated by the City and twenty (20) hours of behind the wheel training under supervision . Drivers shall be trained to operate all types of buses operated in City services . Drivers shall be certified as having completed this course before operating any City vehicle in revenue service unsupervised. All drivers must complete CONTRACTOR' S formal training program as approved by the City and be licensed with a valid California Class 2 operator' s license prior to entering revenue service . CONTRACTOR shall supply the City with a list of drivers who have completed the specified driver training program. This list shall be updated quarterly . Drivers shall be required to complete school bus training if mandated by the State in order to service school age passengers . 4 • Dispatchers and any other personnel who may from time to time be assigned to telephone information lines shall be trained in public relations skills , proper telephone manners , accident and incident procedures , radio procedures , and shall have a detailed knowledge of the city services , schedules , fares and operating policies . 2 . 6 Driver Responsibilities Drivers will , when requested by the City hand out notices to passengers or otherwise render assistance in the city monitoring functions . Drivers will be required to honor special passes , collect tickets , and issue and collect transfers as determined by the City . Drivers will not handle money . Drivers will record ridership counts by passenger category acording to procedures approved by the Director of Public Works . Drivers shall have available at all times -during operation of any bus an accurate time piece set each day in accordance with CONTRACTOR' S procedures . 2 .7 Uniforms Drivers shall be in uniform at all times while in service or otherwise on duty . Driver uniforms shall be provided by CONTRACTOR to its employees . The design , type and logo of the uniforms shall be subject to City approval . Drivers shall be required to maintain a neat and clean appearance at all times while on duty . 2 . 8 Safety Program CONTRACTOR shall develop , implement and maintain -a formal orcganizational-wide safety program. CONTRACTOR shall assume full responsibility for assuring that the safety of passengers , operations personnel and the City vehicles and equipment are maintained at the highest possible level throughout the term of this agreement . CONTRACTOR shall comply with all applicable California Highway Patrol and OSHA requirements . 2 . 9 Road Supervision CONTRACTOR shall provide road supervision asnecessaryto monitor drivers and vehicles and assist drivers in revenue service . 5 2 . 10 Accident and Incident Reporting CONTRACTOR shall develop , implement and maintain formal procedures to respond to emergencies and routine problems which from time to time occur in the course of providinc transit service. Such occurrences to be addressed include, but are not limited to : in-service vehicle failures ; lift failures on buses in service: passenger disturbances ; passenger injuries and vehicle accidents . CONTRACTOR will notify the City Transit Manager, or his/her designee in his/her absence, of any accident involving a City vehicle within twenty-four hours of its occurrence . In case of injury accidents , notification shall occur immediately . A complete written report of any accident will be delivered to the City Transit Manager as soon as practicable to do so . CONTRACTOR is requested, but shall not be required, to cause all City vehicle operators to report public safety incidents observed by them to the on-duty city dispatcher , who, in turn, is to be requested by CONTRACTOR to refer all such incident reports to the proper authorities . Such observed incidents shall include, but not be limited to, fires , criminal acts , suspicious circumstances , public right-of-way obstructions , natural disasters ,dead animals , and the like . Beyond reporting such incidents , neither CONTRACTOR nor any of its employees shall have any responsibility of any kind or character to act further with respect to them. 2 . 11 Fares and Fare Collection ------------------------ CONTRACTOR shall assure that each Transit patron-pays the appropriate fare prior to being provided transportation service . All cash fares will be paid by patrons in the exact amount due for their appropriate fare classification and shall be deposited by -patrons in the fareboxes provided by the City with each vehicle . CONTRACTOR will collect or otherwise process in the manner directed by the City all non-cash fares (transfers , passes and the like) . All fares collected are the sole property of- the City . CONTRACTOR shall , in accordance with a procedure specified by the City , account for revenues collected on all buses and deposit them at the City Finance Department . CONTRACTOR shall faithfully deposit farebox revenues into , the Finance Department no later than one (1) working day after the day for which revenues are collected. 6 • • 2 . 12 Scheduling_and_D gpatch Functions CONTRACTOR shall use a systematic method to schedule and transport passengers using the buses . The method should be capable of accommodating both advance reservations and requests for immediate service and of integrating all demands for service into efficient vehicle tours which maximize productivity and assure service quality . Manual systems , if adequately justified, are acceptable . CONTRACTOR shall provide an adequate number of persons to staff dispatching functions . These persons shall - also be responsible for maintining the daily dispatch log to be proposed by CONTRACTOR. Scheduling and dispatching personnel shall be trained in professional technique, radio protocol , and in cooperative approaches with drivers and passengers . Personnel shall be monitored and refresher training will be offered as necessary . 2 . 13 Information System City shall provide ..and maintain a telephone system to be staffed by . one or more CONTRACTOR employees as may be required at all times during DAR operating hours , exclusive) for the use of DAR AR Patrons for the purposes of providing information regarding City DAR services , schedules and fares , receiving reservations for service, receiving complaints and accepting sggestions and recommendations regarding bus operations . CONTRACTOR shall report to the City all such complaints and suggestions and the number of unfullfilled service requests in the Monthly Activity Report required hereinbelow. CONTRACTOR shall provide their own phones for use by their staff for interoffice communications . 2 . 14 System Promotion CONTRACTOR shall not be responsible to undertake any advertising or promotional activities on behalf of the City of any kind or character . CONTRACTOR shall , however , cooperate with the City in any such activities initiated by it by making available needed equipment , facilities and personnel according to the provisions of this agreement . CONTRACTOR shall dispense City information publications . repond to patron requests for information , act as a liaison and provider of information with and to community agencies and groups , and do all other things to assist and support the City advertising and public information groups . 7 2 . 15 System Recommendations CONTRACTOR shall continually monitor the operations , facilities and equipment and shall , from time to time and as warranted, advise the city and make recommendations to it upon observed deficiencies and needed improvements . The City shall retain all authority, however, to make determinations and to take action on such recommendations . Section 3 - Contractor_Duties and Responsibilities Maintenance esponsibilitiesMaintenance CONTRACTOR shall accept the responsibilities set for the below in connection with the maintenance of City vehicles and equipment . The vehicle maintenance shall be performed by pre-selected locally-owned repair shops . CONTRACTOR shall be responsible for having maintenance performed as per City and vehicle manufacturers recommendations , and shall be responsible for the delivery and pick-up of the vehicles to the selected repair shops . -The City will be responsible for costs and expenses incurred for all maintenance, fuels , tires , oils , etc . to keep the vehicles in a clean., safe, sound and operable condition at all times . 3 . 1 Maintenance - General The City shall be responsible for the costs of maintenance to all vehicles , communication systems , and all other equipment , furnishings and accessories required to maintain the city buses in a clean, safe, sound and operable condition at all times , and fully in accord with any manufacturer recommended maintenance procedures and specifications , as well as with the applicable requirements of any federal or state statute . 3 .2 Vehicles and Equipment By execution of this agreement , CONTRACTOR acknowledges receipt of the vehicles and equipment listed in Attachment S-2 , and that each and every item has been received in good condition and working order . In the event that the City provides CONTRACTOR with additional buses and/or equipment at future times , this Attachement shall be amended in the manner provided for amendments to this agreement and CONTRACTOR shall acknowledge receipt of such additional items upon their delivery . CONTRACTOR will assist the city in the necessary activities to prepare new vehicles and equipment for service without additional cost to the City . Upon termintion of the agreement , CONTRACTOR shall return all City-owned equipment ready for use , with no .deferred maintenance or damage, less reasonable wear and tear . 8 • ! . 3. 3 Daily Vehicle Servicing CONTRACTOR shall perform daily vehicle servicing on all vehicles used in revenue service . For purposes of this agreement , daily servicing will include , but not be limited to : fueling; engine oil , coolant , water and transmission fluid check/add; farebox vault pulling and replacement ; wheelchair lift checkout ; brake check; light and flasher check; interior sweeping and dusting; and exterior and interior visual inspection . CONTRACTOR shall develop, implement and maintain a written checklist of items included in the daily servicing of each vehicle . Checklists will be completed and kept on file for city review. 3.4 Preventive_Maintenance and Inspection CONTRACTOR shall adhere strictly to the preventive maintenance schedules in accordance with industry standards . This schedule shall bei- considered by CONTRACTOR to be the minimum requirement only, and shall not be regarded as reasonable cause for deferred maintenance - in specific instances where CONTRACTOR employees do serve that maintenance is needed in advance of schedule . CONTRACTOR shall not defer maintenance for reasons of shortage of operable buses , nor shall service be curtailed for the purpose of performing maintenance without prior consent of the City . 3 .5 Vehicle Repair All repairs to revenue vehicles shall be performed as specified by the City . Repairs shall include , although not be limited to, work to correct loss , damage, or adjustments due to normal wear and tear of vehicles . Repair work shall be conducted as soon as practicable upon learning that such work is required. CONTRACTOR shall be responsible for scheduling repair problems as noted during scheduled inspections and on daily trouble cards on a timely basis . Required repairs shall not be deferred beyond a reasonable time . CONTRACTOR shall document the time and nature of repair work completed in response to identification of problems by staff or passengers . Preventive maintenance and running repairs shall receive first priority . Major repairs , such as major component rebuilds shall be second priority and performance of such work shall depend upon the availability of resources . All expenditures for major repairs must be preauthorized by the City and be procured through standard City purchasing procedures . 9 CONTRACTOR shall maintain records on all City vehicles is including warranty work, preventive maintenance, and repairs done on each individual unit . 3. 6 Vehicle Cleaning CONTRACTOR shall operate vehicles in a clean and neat condition at all times . Bus exteriors on all buses shall be washed at least once per week, including bus budy and all windows . All wheels shall be cleaned at least once per week. The interiors of all vehicles shall be washed thoroughly at least once per week, including all windows , seats , floor , stachions and grab rails . All foreign matter, such as gum, grease, dirt and graffiti shall be removed from interior surfaces during the interior cleaning process . Any damage to seat upholstery will be repaired or reported upon discovery . Ceilings and walls shall be thoroughly cleaned at least once per month , or sooner if necessary . The interior of all vehicles shall be swept and dusted daily and all trash and debris removed. Section 4 _—Reports, Records_and Surveys 4 . 1 Operating Reports A monthly activity report summarizing ridership, revenue, and cost shall be submitted to the City . The monthly report will include but not be limited to the following: ridership by service type and by fare category ; ridership by jurisdictional origin and destination, vehicle service hours by service type; farebox revenue , vehicle mileage and fuel data; maintenance summary by vehicle; wheelchair lift availabiltiy; road calls ; missed trips ; late-early arrivals: vehicles accidents ; passenger accidents; and, a summary of service complaints and unfullfilled service requests . The report shall highlight problems encountered and suggest solutions . All reports will be submitted to the City by the 15th day of the month following the reporting period. Report will be consistant with TDA performance and operating statistics and attempt will be made to provide data in a form compatible with that used by the San Luis Obispo Technical Transportation Advisory Committee . CONTRACTOR shall prepare and submit to the City for filing all reports required by federal and state authorities , to include those required by Section 15 of the Urban Mass Transportation Act , and the California Transportation Development Act 10 4�2 Maintenance Records CONTRACTOR shall prepare, maintain and make available to the City, records and data relative to vehicle, vehicle accessory and radio system maintenance. Maintenance records shall be maintained on all vehicles indicating all warranty work, preventive maintenance, and repairs performed on each vehicle . All such records and reports shall be prepared and maintained in such a manner so as to fulfill any applicable requirements of state and federal statutes , as well as any needs of the City . Records of all maintenance and inspections shall be made available to the City, the California Highway Patrol and other such regulatory agencies with jurisdiction when requested. All maintenance records and reports shall be retained and maintained for as long as each vehicle is owned and/or operated by the city, or until this agreement expires or is terminated. Such documents shall be released to the city upon the disposal of any vehicle or upon the expiration or termination of this agreement . 4 . 3 Financial Records . Financial and accounting records shall be prepared and maintained in a complete, detailed and accurate manner, in accordance with generally accepted accounting principles , pursuant to the requirements of any applicable state or federal statute or regulation regarding accounting and financial reporting for publicly financed transit systems , including but not limited to, Level R or the Uniform Financial and Reporting Elements as required under Section 15 of the Urban Mass Transportation Act of 1964 , and Section 99243 of the California Public Utilities Code, as each of the foregoing are now in force or may hereafter be amended. 11 PART 3 DRAFT TRANSIT OPERATIONS AGREEMENT i 0 City of Atascadero DRAFT TRANSIT OPERATIONS AGREEMENT TABLE OF CONTENTS Page No. 1 . Purpose 1 2 . Term of Agreement 1 3. Scope of Work 2 4 . Maximum Obligation 2 5 . Price Formula 2 6. Invoices 3 . 7. Payment 3 8. Operating Revenue 4 9. Extra Services 4 10 . Control 4 11 . Management 5 12 . Medical Assistance to Passengers 5 13 . Uniforms 5 14 . Contract Assignment 5 15 . Qualifications for Future Contracts 5 16 . Disputes 5 17 . Stop Work 6 18 . Termination 6 • 19 . City Remedies on Breach 6 20 . Changes 6 21 . Modification of Agreement 6 22 . Notices 7 23 . Priprietary Rights 7 24 . Force Majeure 7 25 . Information and Documents 7 26 . Emergency Procedures 8 27 . Audit and Inspection 8 28 . Transportation Data Reporting 8 29 . Permits and Licenses 9 30 . Worker' s Compensation 9 31 . Non-Discrimination 9 32 . General Insurance 10 33 . Vehicle Insurance 10 34 . Indemnification 11 35 . Fidelity Bond 11 36 . Labor Provision 11 37 . Disadvantaged Business Enterprise 12 38 . Conservation 12 39 . Interest in Members of or Delegates to Congress 12 40 . Conflict of Interest 12 41 . Clean Air and Water Acts 12 42 . Debarred Bidders 13 43 . Conflict of Transportation Interests 13 . 44 . Independent Contractor 14 45 . Conflicting Use 14 46 . Severability 14 DRAFT TRANSIT OPERATIONS AGREEMENT This AGREEMENT is made this day of ,1988 by and between the City of Atascadero, hereinafter referred to as "City" and hereinafter referred to as "Contractor . " WITNESSETH WHEREAS, on A 1988 the Atascadero City Council authorized the release of a Request for Proposal (RFP) for the operation and maintenance of the public transportation services specified in the RFP; and, WHEREAS, CONTRACTOR submitted a proposal dated , 1988 responsive to the RFP to provide such services in the method and manner and the costs set forth in the proposal ; and, WHEREAS , City has determined that CONTRACTOR has the management and technical personnel , expertise and other useful assets of sufficient quantity and quality to provide Atascadero with public transportation services ; and, WHEREAS , the subject RFP is attached to this agreement as Exhibit A and CONTRACTOR' S proposal is attached as Exhibit B and both are by this reference made a part of this agreement ; , NOW, THEREFORE, in consideration of the foregoing recital and covenants and agreements of each of the parties , the parties do agree as follows : 1 . Purpose : Atascadero hereby contracts with CONTRACTOR to operate and maintain public transportation services upon the terms and conditions hereinafter set forth . 2 . Term of Agreement (a) Initial Term: The initial term of this agreement shall be from July 1 , 1988 through and including June 30, 1991 . 1 0 • (b) Extension Options Upon completion of the initial term, Atascadero, at its sole discretion, may extend the term of this agreement on a multipleyear, year toear, multiple y p month or month to month basis , provided that changes in the terms and conditions of the extension are mutually agreed upon by both parties . 3. Scope of Work. CONTRACTOR will provide the services to be rendered as set forth in Exhibit C entitled "Scope of Work" , attached and by this reference made a part of this agreement . 4 . Maximum Obligation . Atascadero agrees - to pay CONTRACTOR in consideration for its services as described herein . The maximum cost to be paid by the City to CONTRACTOR shall not exceed $ during the first year; $ during the second year; and $ during the third year. 5 . Price Formula . The City agrees to pay CONTRACTOR for performance of the services set forth �in this agreement as follows : (a) Payment of a fixed hourly rate, per vehicle service hour of $ in FY 1988/89; $ in FY 1989/90; and $ in FY 1990/91 . Vehicle service hours will be calculated by using the time each revenue vehicle leaves the garage for its first scheduled point each day until such time as each vehicle returns to the garage at the end of each operational day and/or route . Time for driver meal breaks are specifically excluded from use in the calculation of a vehicle service hour . The hourly rate shall include operator wages , fringe benefits and indirect labor costs . (b) Payment of a fixed monthly rate of $ in FY 1988/89; $ in FY 1989/90 ; and $ in FY 1990/91 . The monthly rate shall compensate CONTRACTOR for all work to be performed under this agreement as defined in Exhibit C, Scope of Work, except that which is included under Paragraph 5 (a) and 5 (d) of this agreement including, but not limited to , vehicle operators' non-service wacges ; management' s , controllers' wages ; said employees' fringe benefits and indirect labor costs ; uniforms ; report reproduction ; office supplies ; project telephones; all other related operational costs ; and the contract fee . (c) The City shall provide fuel ; tires ; acquisition costs , lease or purchase or radios and vehicles , including licenses for radios and vehicles ; capital costs for facilities' furniture; use of office copy machine ; maps and charts ; office and parking facilities . Additionally the City shall provide marketing, tickets , passes , brochures , and related collateral materials . Compensation for these items shall not be included in the hourly or monthly rates as defined above in Paragraphs 5 (a) and 5 (b) . Contractor shall have satisfied himself that the office facilities available are ,adequate for his/her operation . (d) The City agrees to reimburse CONTRACTOR for , actual costs incurred in providing vehicle insurance under this agreement , as vehicle insurance is defined in Paragraph 33 of this agreement . CONTRACTOR will bill and the City will pay CONTRACTOR' S actual cost , without markup, for said insurance and this amount shall be in excess of the maximum price defined in Paragraph 5 (a) , 5 (b) and 5 (c) above . (e) Upon the replacement of any of the existing vehicles both the City and CONTRACTOR shall meet and confer on each occasion for the purpose of adjusting the agreement price formula to reflect and changed conditions of this agreement , such as insurance coverages . 6 . Invoices . CONTRACTOR shall submit invoices to the City for services provided as follows : (a) All hourly costs shall be invoiced to the City monthly following the service month- provided. Said invoices shall specify the dates of service and the number of vehicle service -. hours claimed. Hourly costs shall be directly traceable by dispatcher and/or driver trip sheets and/or employee time cards , copies of which shall be submitted to the City monthly with each invoice. (b) The monthly rate shall be invoiced- monthly following the service month provided. All reports and submissions required under this agreement shall be accurately completed and submitted to the City prior to payment of said monthly rate invoices . (c) CONTRACTOR' S actual monthly cost for the provision of vehicle insurance under this agreement shall be invoiced monthly to the City . Copies of receipts , bills, etc . to support the invoiced amount shall be attached to the monthly invoice prior to payment . 7 . Payment . All payments by the City to CONTRACTOR shall be made in arrears . Payment shall be made by the City no more than thirty (30) days from the City' s receipt of an invoice . Payment of invoices will be made on a monthly basis . If the City disputes any item on an invoice for a reasonable cause, the City may deduct that disputed item from the payment , but shall not delay payment for the undisputed portions . The amounts and reasons for such deletions shall be documented to CONTRACTOR within fifteen (15) working days of the receipt of the invoice by the City . The City shall assign a sequential reference number to each such deletion . Payments shall be by voucher or check payable to and mailed first class to : (CONTRACTOR' S NAME) 3 8 . Operating Revenues . All operating revenues collected by CONTRACTOR are the property of the City . Operating revenues include, but are not limited to , all fares , extra services , sales of tickets and passes . They shall be counted and kept separately under appropriate security . Within one (1) working day from collection , they shall be deposited by CONTRACTOR at the City Finance Department . Reports on the revenues collected and deposited shall be provided to the City . CONTRACTOR shall provide the City with a written description of CONTRACTOR' S procedures regarding the collection , counting and controlling of fare revenues . These procedures are subject to City approval . 9 . Extra Services . Extra services , and promotional service will be provided by CONTRACTOR upon prior written authorization by the City as follows : (a) When extra services fall entirely within normal service hours and the City directs that, normal operating personnel should be used to provide the extra service, such service will be provided at the regular cost as defined in the "Price Formula" , but at the expense of a lower level of service for normal operations . Such services are considered a part of this agreement . (b) Extra services outside normal operating hours and extra services within but in addition to normal operation shall be considered a change to this agreement 'as defined under "Changes" , and shall be in excess of the maximum price defined in the "Maximum Obligation . " The costs will be determined on an individual-trip basis at the regular hourly rate as defined in the "Price Formula" and billed separately from the contract . 10 . Control (a) All services to be rendered by CONTRACTOR under this agreement shall be subject to the control of the City. CONTRACTOR shall advise the City of matters of importance and make recommendations when appropriate; however, final authority shall rest with City . (b) The City shall not interfere with the management of CONTRACTOR' S normal internal business affairs and shall not attempt to directly discipline or terminate CONTRACTOR employees . The City may advise CONTRACTOR of any , employee' s inadequate performance which has a negative effect on the service being provided, or on maintenance to vehicles . 11 . Management . During the term of this agreement . CONTRACTOR shall provide sufficient executive and administrative personnel as shall be necessary and required to perform its duties and obligations under the terms of the agreement . 12 . Medical Assistance to Passengers . CONTRACTOR' S employees shall not be required to perform any medical or quasi-medical functions for passengers . in the event of illness or accident on board a vehicle , the driver shall advise the dispatcher by radio . The dispatcher shall check with qualified personnel for appropriate action adn shall report back to the driver . The driver may vacate his/her route if it is necessary to proceed to a medical facility for help, either before or after receiving advice. Any actions or judgements on behalf of employees shall be the responsibility of the CONTRACTOR and not the City , 13 . Uniforms . CONTRACTOR shall purchase uniforms for employees and shall require the employees to wear them. The design , type and lotto of the uniforms shall be subject to City approval . Uniforms shall include , but not be limited to, shirts , pants and jackets ,,, All employees of CONTRACTOR conducting work under this agreement shall be required to maintain a neat and clean appearance , 14 . Contract Assignment . This agreement shall not be sold, assigned, transferred, conveyed or encumbered by CONTRACTOR without the prior written consent of the City . CONTRACTOR shall not sell or otherwise transfer its interest in this agreement without prior written notification to the City . Upon receiving such notification from CONTRACTOR, the City may , at its sole discretion , decide to exercise its right to terminate this agreement . Subject to these provisions , the agreement shall be binding upon the heirs , executors , administrators , successors and assigns of the respective parties . 15 . Qualification for Future Contracts . As a result of having entered into this agreement , CONTRACTOR shall not be inhibited, penalized, or disqualified from submitting proposals for subsequent transportation management , and operation programs under the jurisdiction of the City . 16 , Disputes (a) Any controversy or claim arising out of or relating to the provisions of this agreement or the breach thereof , shall be settled by arbitration at the election of either party in accordance with the Rules of the American Arbitration Association at the City of Atascadero and judgment upon the award rendered by the arbitrators may be entered in anv court having jurisdiction thereof . The loosing party or parties shall bear the cost of any arbitration proceeding or judicial action commenced thereunder , such cost to include reasonable arbitrator' s fees , attorney' s fees incurred by the prevailing_ party , as well as other reasonable costs incurred by the prevailing party . 5 (b) The Federal Procurement Regulations shall be used where applicable to define, resolve, and settle procurement issues . 17 . Stop Work. The City may close down operation of the City transportation system upon forty-eight (48) hours written notice to CONTRACTOR. The City shall be liable for all relevant costs incurred prior to the stop-work period and for restart , if any . When exercising this provision , the City shall be obligated for the costs of severance for personnel assigned to the City transportation system in accordance with the published policy and procedures of CONTRACTOR, a copy of which shall be provided to the City upon request . Additionally, the cost associated with operations and facilities close down, shall be the obligation of the City . Contractor shall make all reasonable efforts to minimize costs to the City . 18 . Termination . At any time, and without cause, the City shall have the right , in its sale discretion , to terminate this agreement by giving sixty (60) days written notice to CONTRACTOR. In the event of such termination , the City shall pay CONTRACTOR only for services rendered to the effectie date of termination . If termination occurs , all data and materials relevant to the operation shall be made available to the City at no additional cost 19 . City Remedies on Breach . It is agreed that in the event of failure by CONTRACTOR to perform the services required by this agreement , in addition to all other remedies , penalties and damages provided by law, the City may provide such services , and deduct the cost of doing so from the amounts due or to become due to the CONTRACTOR. The costs to be deducted shall be the actual costs to the City to provide this service . 20 . Changes . The City, without invalidating this agreement may order additions to or deletions from the work to be performed. Such changes shall be specified to CONTRACTOR in writing. If justified, the "Maximum Obligation" will be adjusted accordingly . New provisions must be mutually agreeable to both the City and CONTRACTOR. 21 . Modification of Agreement . This writing constitutes the entire agreement between the parties relative to the subject matter of this agreement and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this agreement . There are no understandings , agreements or conditions with respect to the subject matter • of this agreement except those contained in this writing. 6 22 . Notices . All notices required to be given with respect to this agreement shall be in writing and mailed first class , postage prepaid to the persons named below: If to Contractor : Copy To: If to City : City of Atascadero P.O. Box 747 Atascadero, CA 93423 % Director of Public Works 23 . Proprietary Rights . All inventions , improvements , discoveries , proprietary rights , patents , and copyrights made by CONTRACTOR under this agreement shall be made available to the City with no royalties , charges , or other costs , but shall be owned by CONTRACTOR. All manuals prepared by. CONTRACTOR for use by CONTRACTOR in other locales shall be made available to the City at no charge but shall be owned by CONTRACTOR and shall not be disclosed, or released by the City without written consent i of CONTRACTOR. Reports and manuals prepared by CONTRACTOR under this agreement for specific use in the City transit system shall become the property of the City . CONTRACTOR, however, shall have the right to print and issue copies of these reports . CONTRACTOR may make presentations and releases relating to the project . Papers and other formal publications shall be approved by the City prior to release . 24 . Force Majeure . CONTRACTOR shall not be held responsible for losses , failure to perform, or excess costs caused by events beyond the control of CONTRACTOR. Such events may include, but are not restricted to the following: Acts of God; fire , epidemics , earthquake, flood, or other natural disaster; acts of the government ; riots , strikes , war or other civil disorders ; or fuel shortages . In every case, CONTRACTOR shall resume performence at the earliest possible date following the cessation of such unforeseen causes or events . CONTRACTOR shall be entitled to no compensation for any service , the performance of which is excused, pursuant to this paragraph . 25 . Information and Documents . All information , data , reports , records , maps , survey results as are existing, available , and necessary for carrying out the work under this agreement , shall be furnished to CONTRACTOR without charge by the City and the City shall cooperate in every way possible in the carrying out of the work without undue delay . 7 • 26 . Emergency Procedures . Im the event of a major emergency such as an earthquake , dam failure, or man-made catastrophy, CONTRACTOR shall make transportation and communication resources available to the degree possible for emergency assistance . If the normal line of direct authority from the City is intact , CONTRACTOR shall follow instruction of the City . If the normal line of direct authority is broken, and for the period it is broken, CONTRACTOR shall make best use of transportation resources following to the degree possible the direction of the City of Atascadero, the San Luis Obispo County Office of Emergency Services ,and/or the police or fire department which appears to have assumed responsibility within the service area . Emergency uses of transportation may include evacuation, transportation of injured, and movement of people to food and shelter . CONTRACTOR shall be reimbursed in accordance with the normal "Price Formula" and "Payment" or, if the normal method does not cover the types of emergency services involved, then on the basis of fair , equitable, and prompt reimbursement of CONTRACTOR' S actual costs . Reimbursement for such major emergency services shall be over and above "Maximum Obligation" of this contract . Immediately when the emergency condition ceases , CONTRACTOR shall reinstitute normal transportation services . 27 . Audit and Inspection . CONTRACTOR shall permit the authorized representatives of the City, the U. S . Department of Transportation , the Comptroller -General of the United States , the California State controller' s office, and the Sacramento Area Council of Governments to inspect and audit all data and records of the CONTRACTOR relating to performance under this agreement . Further , CONTRACTOR agrees to maintain all required records for at least three years after the City makes final payments and all other pending matters are closed. 28 . Transportation Data Reporting. CONTRACTOR shall report operating and financial data to the City in accordance with the California Public Utilities Code . Chapter 4 , Section 99243 , and California Administrative Code title 21 , Chapter 3, Subchapter 2 as required under Califonria Transportation Development Act , and with Level "C" of the Uniform Financial Accounting and Reporting Elements (FARE) as required under Section 15 of the Urban Mass Transportation Act of 1964 , as amended. 8 29 . Permits and Licenses . At its sole cost and . expense, CONTRACTOR shall obtain any and all permits , licenses , certificates , or entitlements to operate as are now or hereafter required by any agency , specifically including the California Public Utilities Commission , the CHP and local jurisdictions, to enable CONTRACTOR to perform this agreement , and shall provide copies of all such entitlements to the City when received by CONTRACTOR. In the event that any aspect of this agreement requires prior approval by the PUC, the CONTRACTOR shall submit necessary application forms . Both parties shall appear as necessary and cooperate in the commission approval process . The City reserves the right to oppose, support or be neutral on any such request and on the PUC' s ruling thereon . 30 . Worker' s Compensation . CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for Worker' s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement . 31 . Nondiscrimination. (a) In connection with the execution of this agreement , CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color , sex , age or national origin . The CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex , age, or national origin . Such action shall include, but not be limited to, the following; employment , upgrading, demotion or transfer , recruitment or recruitment advertising, lavoff or terminations , rates of pay or other forms of compensation , and selection for training, including apprenticeship . CONTRACTOR further agrees to insert a similar provision in all subcontracts , except subcontracts for standard commercial supplies or raw materials . 9 • (b) CONTRACTOR shall also comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L . 88-352) and with all applicable regulations , statutes , laws , etc . , promulgated pursuant to the civil rights acts of the state and federal government now in existance or hereafter enacted. Further, CONTRACTOR shall also comply with the provisions of Section 1735 of the California Labor Code . 32 . General Insurance . Throughout the term of the agreement , CONTRACTOR shall procure and maintain a comprehensive general liability policy providing FIVE HUNDRED THOUSAND DOLLARS ($500,000 . 00) combined single limit bodily injury and property damage coverage. Said policy shall not include coverage for vehicle liability and/or vehicle physical damage insurance . Such vehicle insurance shall be provided as spescified in the section of this contract entitled Vehicle Insurance . CONTRACTOR shall also procure and maintain an umbrella liability policyin the amount of EN T MILLION DOLLARS ($10, 000, 000 . 00) . CONTRACTOR shall name the ' City as additional insured on said policies and shall provide evidence of such insurance . Such policy or policies shall provide that they may not be cancelled without at least thirty (30) days written notice to the City . 33._ Vehicle Insurance (a) CONTRACTOR shall provide the City with vehicle liability insurance in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500, 000 . 00) combined single limit bodily injury and property damage . Coverage will also include collision with a One Thousand Dollar ($1 , 000 . 00) deductble, and comprehensive coverage with a Two Hundred Fifty Dollar ($250 .00) deductable . Any deductible will be the responsibility of the CONTRACTOR. A separate umbrella liability policy will provide vehicle liability coverage of an additional TEN MILLION DOLLARS ($10, 000, 000 . 00) , Such policies shall provide that they may not be cancelled without at least thirty (30) days written notice to the City . 10 (b) In case of damage or destruction of any vehicle or vehicles provided by the City under the terms of this agreement , the City agrees that liability of CONTRACTOR for said damage or destruction shall be limited to the appraised fair market value of the vehicle (s) at the time of the loss . CONTRACTOR and the City agree that the appraised fair market value shall be the value established by the insurance carrier providing the collision and comprehensive physical damage coverage required under this Paragraph or such other appraiser as mutually agreed upon . (c) In the event that addition, deletion, or acquisition of new vehicles by the City changes the vehicle fleet listed in the Scope of Work, the compensation paid to CONTRACTOR for the purposes of maintaining liability and physical damage coverage on said vehicles shall be adjusted immediately to reflect the adjusted actual premium costs for such insurance coverage. 34 . Indemnification . Except as May otherwisebe provided in the agreement , CONTRACTOR shall investigate , indemnify, defend, .__ and hold harmless the City their officers , agents , and employees against any and all claims , demands , or loss , or liability of any kind or nature whether real or alleged which the City their officers , agents , _ and employees may sustain or incur, or which may be imposed upon them for any negligence by CONTRACTOR, its officers , agents , or employees , 35 . Fidelity Bond. During the period of time this agreement shall be in effect , CONTRACTOR shall cause its staff personnel to be covered under an appropriate bond providing protection from employee theftupto the amount of TEN THOUSAND DOLLARS ($10, 000. 00) with respect to any one occurrence by CONTRACTOR employees . Theft insurance on all City provided vehicles operated under this agreement shall be provided under paragraph 33 of this agreement . 36. Disadvantaged Business Enterprise (a) It is the policy of the U. S . Department of Transportation that Disadvantaged Business enterprises (DBE) as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement , Consequently , the DBE requirements of 49 CFR Part 23 apply to this agreement , 11 • (b) CONTRACTOR agrees to ensure that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts . CONTRACTOR and its subcontractors shall not discriminate on the basis of race, creed, national origin , or sex in the award and performance of federal-assisted contracts , (c) CONTRACTOR shall cooperate fully with the City in meeting any of the City' s committments and goals with regard to the maximum utilization of disadvantaged business enterprises . CONTRACTOR shall keep records of DBE participation in all activities carried out pursuant to this agreement , and shall report to the City all such partitipation and efforts made to encourage DBE participation as required by the City , 37 . Conservation . CONTRACTOR shall recognize mandatory standards and policies relating to energy efficiency which are contained in t-he State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 RSC Section 6321 et seq.) +8 of Members of or Delegates to Congress . In accordance with 18 USC, Section 431 , no member of or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefit arising therefrom. 39 . Conflict of Interest . No Board member , officer , or employee of the City during his/her tenure or one year thereafter, or during the length of the initial ac_treement term, shall have any interest , direct or indirect , in this contract or the proceeds thereof , r 40 . Clean Air and Water Acts . CONTRACTOR agrees to comply with all applicable standards , orders , or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h) , Section 508 of the Clean Water Act (33 USC 1368) , Executive Order 11738 , and Environmental Protection Agency regulations (40 CFR, Part 15) which prohibit the use under nonexempt Federal contracts , grants , or loans , of facilities included on the EPA List for Violating Facilities . CONTRACTOR shall report violations to UMTA and to the USEPA Assistant Administration for Enforcement (ENO329) . 41 . Debarred Bidders . The CONTRACTOR, including any Of its officers or holders of a controlling interest , is obligated to inform the City whether or not it is or has • been on any debarred bidders' list maintained by the United States Government . Should the CONTRACTOR be included on such a list during the performance of this project , he/she shall so inform the City . 12 42 . Conflict of Transportation Interests . CONTRACTOR • shall not divert any revenues , passengers , or other business from the City project to any taxi or other transportation operation of CONTRACTOR, 43 . Transfer of Title to Equipment . Equipment and supplies purchased by Contractor as a direct-charge item in connection within the performance of this agreement shall become the property of the City upon payment of invoice for such equipment and supplies . CONTRACTOR shall maintain a perpetual inventory of all such equipment and supplies purchased under this and any prior agreement , to be submitted for review on or before June 30 of each fiscal year . CONTRACTOR shall be responsible for the replacement of any equipment and supplies purchased or provided, either by the City or CONTRACTOR, under this agreement that is lost or unreasonably destroyed while under the control of CONTRACTOR. 44 . Independent Contractor . (a) Neither of the parties hereunder shall be deemed to be the agent , employee , partner, or joint venturer of the other . CONTRACTOR is and should be an independent contractor performing services under this agreement for the consideration herein above set forth . (b) CONTRACTOR' S employees shall at all times be and remain the sole employees of CONTRACTOR, and CONTRACTOR shall be solely responsible for payment of all employee' s wages and benefits . CONTRACTOR, without any cost or expenses to the City shall faithfully comply with the requirements of all applicable State and Federal enactments with respect to employer' s lilability , workers' compensation, unemployment insurance and other forms of Social Security, and also with respect to withholding of income tax at its source from wages of said employee and shall indemnify and hold harmless the City from and against any and all liability , damages , claims , costs and expenses of whatever nature arising from alleged violation of such enactments or from any -claims of .subrogation provided for in such enactment or otherwise. 13 ! • • (c) This agreement does not constitute a contract of employment between the City and CONTRACTOR or any agents , officers , or employees of CONTRACTOR. After the expiration or termination of this agreement CONTRACTOR' S successor shall be permitted to hire any CONTRACTOR employees previously employed on this program. At that time, in hiring a CONTRACTOR employee or a former CONTRACTOR employee, the City shall insure and require that such employment process fairly treat former CONTRACTOR employees as members of the general public with no discrimination, no waiver of job advertising, no consideration of employee' s seniority with CONTRACTOR and no other privilege different from that accorded to members of the general public . 45 . Conflicting Use. CONTRACTOR shall not use any vehicle, equipment , personnel or other facilities which are dedicated to the City for performing services under this agreement for any use whatsoever other than provided for in this agreement without the prior approval of the City . 46 . Severability. If any provision of this agreement is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall have no effect on the validity of the remaining provisions of this agreement and such remaining provisions shall continue to remain in full force and effect . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures . 14 I a ���a - r -- 1 l t7-7 177- j City Counoil I June',14, y, .P v t k VIA: Bill-Hanley, Interim City Manager M -' PROM Henry:RhQen,, CommunityD�svelopment .1�i�`e,C;tpr,, a; SUBJECT: AcceptancO of Final Lot LOCAT1C3N'w 703 \Carmelita/7505 Cur aril , APPL1CAN' ,,TOA, Semch,/Don Startle (CantrAt'r a .' � f F' st , t st 11, 1987. .the City Council f ag�proved. 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"� ,� -,,, '' T, A �1 .& ,� F ,' � I _ lili" ?el /f a' r a p a } � ac l 11 y` br+, v'^ t, ' 's§ 4 P * n � a � ar , ' ,� r i . ? � F � k 'k v `a a` a °", - r� i-ir j i*'kt h�$xs� � 'y'" sY` i i ry r''f ,r�"GS . 1. � "p X S - j F ,, P - X E 1 f� �$ 4d t } P a , x a_ °>*c'� k:r a �+ �,SYS- ` '4cf r ax:-,`tr r y „ "�t t,'_ 3r T" »t y -,i, rt, w �S; " 'p ?� , ..^"+�,; °sig-.' N�..„a„. - f � J try , yk- 71 YA , Y � � y rt �i t �, s - f` ira INA It z, " F It Al VA1s AMP? " xr �3 "Al k { x t t � s f J Ci 4 _4,> g' g Vim• M!k` Y� S'{ t� 9 - z i r v n 2t32RLL , /u rnafirn i 4u Y ; r;r z� Z7 avw J-jvZL.- - uciirnv IK 1 n. N Cj Ol 1� r l / x i Y!L � - i I - �j /mo �"( v F \ M ...E M Q X N D k7 M \ , 5 t j t, n TC(; City d4uncil �7uz�e 1r4, 1988 , VIA Bill Habley Interim -.City. Manager FROM: wry Encgenr i'lommunity Development < 1'rector f*, G ' r MMOCTI: ,�,,Avceptance off Final 'rat Mai' 6�$ CAT 5 } .1 anCk" o ` ]4�PPL2CA1►t"Y'zJohn and Alberta Drake (c ueetavngine*r � On =dune 23 1"1 .the - City Council approved, 'Trac tRAS -486- subjtct to' certain, conditivns -and in canciverence ;w tb. the i xecommendatipn of ''the Planning Comm i eiom, `he: regir*4 . conditions "have been, complied Frith and the recgmmended for approval. f -FIE.ph / ccs Cahn 'arid Alberta. Drake Cuests Engin'eeriAg a �y ti .r 4. 1 { t ��• � � �-�,".."' -� � ��`� � � -rte � "' � VA ox '.t '�'y"'�Y✓.dam';"�.".,'^`~`„Y„�,. .fit i �r ,+i'"`'^,.: � �t� {I�Sr�j1 tt � �-z �JJ *' /I ►*,¢ a, "tet �a ,) p4 g Vi Sw ` LL -n - ; f I f. TY y 4 ANIL 1 To:' city council Jurre' 14, 08 , VIA . Bill Ha4la�`, interim City Manager FRpK Henry Engen. Community Development Li Lector r SUBJECT: A"eptance of Final Parcel-\Map ,2-88 }t LOCATION. '1070-51, Santa Ana 'R-oad .T APPLICANT: /Bill -Dohan (Twin Cities Engineering)' On' April. 12, " 19 as,- the Ci,'ty,.council approved kard�el" Nap sub ecr to,,, certain.,coh itimis and in ,concurrence witt recommendatim of the Planning Commission.. : conditions ' have been cbtapli,ed --with and `they f'inal recommended f6r' approval j J 1 cc Bzll Bohan < Twin =Ci,t es Engineering, , u i l 1 fi s ! w: XHIIBT'k -B CrTY OF COMM UNI TY;D.EVELOP*ENT ant� An ;; DEPARTMENT �� ",� k 10 K a� i, _ t s rtx✓rrw ww » wuw s `" �jrt"�gr a.wrayu � `� �� � � t � .Me�raw w+► °e+�mn ,�,� ,�'F ry�rtwap.t � _ '�` ► �o*++r�' .ws wi+ „ .. M i!'If/9lF��Mr iaYw t►:�s - 6e� �''t.�. {�'♦.yi�t,W al_s p w. . [ }Mi"M�l6�ilp�.�i, +�-. f �. L .. art / ', �v .•,,yam, r.+. t � �ti�� w "y+ �t' ZZ 07 ��Et3?`T##' �� ,.,.. -�^ .✓'`moi��,. �- '"'�`""'` �^..•,"',��...�_ ""`. � ,x.,"v �, ,F • + � ' 111 , t C#r(of GAta, ca or, � t q 2 t} # I will Haney, °Tntorbr+ � j„ s{ 3 , .Y1. 1 f 6 yy� n0l#* 0h ars ;the atoo- 41 1, ffit ng ,O, -JUne 14 2,988 �. ail fata146, IN -pitt�S .fir�(.. /q tyj.,�y. �r+ �ta�s ,#@ r t 3u k.+?�. •++ir }f#b^ ,[.w a .,3.'; L frr� 'h wmou At 0M,TAA,' ” I r'rrt :a �'k a� i f� �•:, ! T 'j 1 ! Y t n t - i x .off i , P i V l k COMM V 'I AX: ORD AT Wbi�� MUNICIPAL' k Wa ffcI +eyes IM -OP of A . lk y8 A-,!- bi it x �Fi R �i + vQ' W, .J# � t h4i.o iY% Si+n' +�_j,a,+ � }� �. �}(��* to � ed � t rc, . + .y�+'y,y, y� v ti no @ -the r3y� 1451, . + t f + a t aVol ,: � ,of Ata far or- rt: � + A, ChloOttv, 011owsirW ..' E ''fir„ � tion, � . W 4 ID r �. � �, TL co ` r r $ X - gg i t . ORDINANCE NO. 174 Page 2 Section 3 . Section 204 of Chapter 5 of Title 3 of the Atascadero Municipal Code is hereby amended as follows: Section 3-5.204. Business License Adminis- trator. "Business License Administrator" means the manager of the City of Atascadero, or the manager' s official designee. Section 4. Section 309 of Chapter 5 of Title 3 of the Atascadero Municipal Code is hereby amended as follows: Section 3-5. 309. Renewal of license. Except as otherwise provided in this chapter, every licensee who has obtained a license pursuant to the provisions of this title may obtain from the issuing agency a renewal of such license. ` The Council, Business License Administrator, Health Department, Police Department, Community Development Department, or the Finance Department may file a written notice of the denial of renewal of such license. If a Health Department permit is required for the enter- prise, said permit must be completed and submitted prior to or at the time of license renewal. Renewal of a license for a solicitor shall not be issued until the Police Department approves said renewal. Section 5. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in -.this City in accordance with Government Code Section 36933 ; shall certify the adoption of this ordinance; and shall cause this ordinance and certification to be entered in the Book of Ordinances of this City. Section 6. Effective Date. This ordinance shall go into effect and be in full force and effect at 12: 01 a.m. on the thirty-first (31st) day after its passage. On motion by Council Member and seconded by Council Member the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: ORDINANCE NO. 174 Page 3 AYES: NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA By BARBARA NORRIS, Mayor ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney APPROVED AS TO CONTENT: William Hanley, City Manager JGJ: fr C:ORATA174 M E M O R A N D U M To : Bill Hanley From: John M. Brambl Steve DeCamp44C Date: May 25, 1988 Subject : City ' s Business License Ordinance Over the past several months, it has become quite obvious that the City' s Business License Ordinance is in need of revision in order to centralize the administration of the licensing operation and to allow for follow-up on delinquent licenses by the Finance Department rather than Community Development . The revisions needed to achieve the goal of a centralized administration of the Ordinance are as follows: - (Underlining denotes amendments. ) 1 . Section 3-5.204. Business License Agministrator . "Business License Administrator" means the manager of the City of Atascadero or his official designee. " The rationale is that in the event a license has been denied , a person may be able to resolve the problem at the administrative level rather than being forced to appeal publicly before the City Council . 2. Section 3-5. 107. Issuing agencies. "All new business licenses shall be processed and issued , unless otherwise indicated in this title , by the Finance Department of the City of Atascadero , . By the fact that the Business License Ordinance is a revenue producing ordinance, the administration logically belongs in Finance. 3. Section 3-5. 110. Zoning Clearance. (Second sentence) "The Community Development Department shall review all applications to verify compliance with this title as well as the provisions of Title 9 of this code. 4. Section 3-5 .309. Renewal of license . (Second sentence) "The Council , Business License Administrator , Health Department , Police Department , Community Development Department or the Finance Department may file a written notice of the denial of renewal of such license . " It is our recommendation that these four sections of the Municipal Code. be amended as soon as feasible to allow for a one- stop location for the processing and payment of business license fees . cc : H. Engen J. Jorgensen d MS 'M0RANDUM L TO: City, CouncilJ'U i 14 y, 194#. l VIA:` Bill 'Hanley, znter7m City Manager :FROM: Henry Rngen., Community Development ,Directe� SUBJECT: Proposed Extensi©n Urgency Ordinance Cy . Minim un Re `guired Lot Size in the LSF4 a d1 th e RSF-X 'Districts (2tJ t 000 square' Foot s Lo is)y r l p BACE9BOU The City Council, has 4pproved two - -(Z) Urgency Qr4. nc °t yew .152 and .154) to establish that minimum lot sit",_� the him density ..single family zones are to .be held .to ,net', *t arid Z-4 r tIDU square f� t (hjith`4 '2,sewers) , rs -ardleaa, >C7 f title to abutting roads. These were adapted. as :urgency' measures or a four--fifth`s .(4/5) , vote of the Council ;pee ing, Cts y "Okof zoningpro, os�zls to comprehensivelynd the 'd± fillniti n . There .has beim a recommendation from ,the Playing Ccs iss7c�n t4 apply said net. density standard to all residential. `iota.,fin t)le r, ' Gitlr, which was refected by the City Council,"with .Airecti n t consider this> matter further in 'the general -IPlAv.'Up at,0= The attached ordinance would extend, 'fore one -more,' standards contained In_,ordinance iso,. 154 . b r . RZCOiw1D TIOW: + a t Approval of attached Draft Ord nance 'No. 17 .by; (1) Reading Say .title only. {2} Approval of proposed ,:ordinance (4J'5 vote rd, grad HS:ph f Attachments: Draft ordinance Mo. 175 vernment Gude Excerpt '- . 'eitn 65655 h f C }1 , t-' 1 5^ 1 P CR t 175 AWQRgxxcv wcancN or, Tm G'G�IL QF THE f CITY Or ATASCADIP4,MMMING TITLE 9 Z ' REGiTLA'�I BY� ,LARI�'VnM TtM` Wf 'RRQUT" Loft " . 2N , r X ;VI-,S' TCT "Aa REQUIRING:A: � 1� � r` ARE nIT " *f R {:RU DN .. A` Nig ! 061 AMMINGO"nums �R 1$4 r W*MRE-AS, section d the �tverra `rang ICode ..cut i s the adopts by .l,ccah '3` ialative bode csf � in�e�im �nrd jia urgetacy measures to protect , t +a publict , wehfAre; and ,t► EAS," said ordinances may 'b* adovtod as , t $6nC�" \ probibit r . a tic s. which, a r�be ,in 'confl-at kith:. ,. PingCq"zonizg.p po al which -legislative body,. an , ©r C+ ;�6ty Develomtnt Department - is co si ink, or in s to study withi a .reasc� ble tame, and *ZRZp�AS, the ity �ij�►�}��r�sw�:htly{��rstudry}i�nyc�y}q;, +�nw�.en nidy�"}�{+� j� {✓3Y kr ^.�i`aiiFr 6iJ.1 d,''Y'+`64+L i i$L. Si✓ M7 o [WM arif 1CS� Pio fes.mi=, ' of minlmu a lc�t areas 're4uired, an WRERZAS, the City Zoning ordinance Secti6ns 9 3 t 7 4�: d ", 3_ 164?`vete amended (Ord,inaknce 14.E) to reduce jitinimum the R - and LSF-X districts, to 2 0-,006 se ar-e feet ,wi wee � 1 and wHA , °said ,reviSion a was . raduct �►n # fry one-halt 0 Mv minimum ,.lot size to �."i mate disputess d ,-,,to credit k r r e 4 ownership of roads with-, the objeetiue of settinq a min lot 0r sof, 20,o0o squame feet in these� where sem avail,4bl a' regardless :of,--,0 rship► of said 'feed" title' to and \r RREA appli atrio s for the s s ci bdivisio f land r th lot si a :pf less then: '20 0 squares feet, net �h�tve keen; contrary to, the City ' o i $ intent; and,� E W�;R" A,Ss the p t'3 7o$i d extens an o iYl efi ordlnat �o. 1- Chas. ween inti ed . :for public hearing }gel on dun purse. , "to Eect3 do .54gt1 o 't t ie'Ga�vernmen de; and MAMAS such ",.ur eu,, y' me�a�ures shall re�uixea � ��fifth vote of th�e6. .legislative body, four adopt Qn. fAe city oEtht sCaldoro does ordain' as follows: Section 1 . Council Findings . 1 . The proposed code amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations. 2 . The proposed zoning text amendment will not have a significant adverse effect on the environment. Preparation of an Environmental Impact Report is not necessary. 3 . That further study is necessary to determine what legislation, if any, is proper for the protection of the public health, safety and welfare. 4 . That there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions inconsistent with the zoning text changes provrided for herein, would result in a threat to public health, safety, or welfare. Section 2 . Zoning Text Change. That the chart in Section 9-3 . 154 Minimum Lot Size in the Residential Single Family zone and 9-3 . 164 Minimum Lot Size in the Limited Residential Single Family zone shall be changed to read as follows in relation to the Symbol X: SYMBOL MINIMUM LOT SIZE X 20,000 square foot net area (excluding land area needed for street rights-of-way whether publicly or privately owned) with sewer; half acre net area (excluding land area needed for street rights-of-way whether publicly or privately owned) where sewer is not available. section 3 . All applications for a permit for a subdivision of land which had been pending before the City of May 12 , 1987 , shall not be affected by or subject to the restraints herein enacted. Section 4 . This ordinance is adopted under Government Code Section 65858 and is in full force and effect for one ( 1 ) year. Section 5 . The City Council hereby declares that this is an urgency ordinance necessary to preserve the public peace, health and safety due to the facts set forth above. Section 6 . This ordinance being an urgency ordinance for the immediate protection of the public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four-fifths (4/5 ) vote of the Council shall take effect immediately upon its adoption. Section 7 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15 ) days after its passage in the Atascadero news, a newspaper of general circulation, ,- printed; published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance, and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. On motion by and seconded* by the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES : NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA BARBARA NORRIS, MAYOR ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: BILL HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: 9".4w� HENRY ENGEN Community De elopment Director (Amended by Stats. 1984, Ch. 1009.) i Commission review of 65857. The legislative body may approve, legislative body's modify or disapprove the recommendation of the changes planning commission ; provided that any modification of the proposed ordinance or amendment by the legislative body not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report -within forty (40) days after the reference, or such longer ` period as may be designated by the legislative body, shall be deemed to be approval of the proposed modification. (Amended by Stats. 1973, Ch. 600.) Urgency measure 65858. - [Text of section operative until - Interim zoning _January 1, 1989.] ordinance (effective (a) without following,,the procedures otherwise until 1/1/89) required prior to the adoption of a zoning ordinance, the legislative body, to protect the public safety, health and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses which may in conflict with a contemplated general plan, specific plan, or zoning proposal which the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time . That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any such extension shall also require a four-fifths vote for adoption. Not more than the two such extensions may be adopted. (b) Alternatively, an interim ordinance may be adopted by a four-fifths vote following notice pursuant to Section 6509U and public hearing, in which case it shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may by a four- fifths vote extend the interim ordinance for 22 months and 15 days. (c) The_ legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the ordinance contains a finding that there is a current and immediate threat to 107 i AQ ,T une 14, 1?$8 ' =Tt> : _City CounC 11 l { Via: ;Bill "Hanley, biter m `City'_Manager, x Fret: Hob Beet. Parks and tecreation 1}ir&otor . Wect: ;Traff1v Way Park Play Eq.uipmtnt y '.,On Ma's+' 10. 19$ City" Counc l 1 gave �t� author i eat ion 'tu 't ve rt ise far Pre9pCisa 1 1 3 -for, #f id MW Patk: Prop `+a 1 s were to i A 3.ud0, Iry*4-, 1: BPace for the Oquipnt, approximate' budget. -lam e cr kion bl the egUipment proposed. OL,Ifi atl tr1 At ,'64ulpment .wh ids would. includec + ►r sr onuer Product 6 fetyC i$,s'4an s aide 1, nes with the Oqu est err 'propbored, and ,equint Ycificatibr . his process Was, exis~1�eted " cin' may 1* «' �e� re» b7 77 e ,propost-19 are an , a ' 1ar`on Mli ur ain Forge/Pecks Produictse 13525` Leaowej 1 i5t. yairt: Nuys;, -al�t f, r Proposealupt_(Includes- Sbippin!g)- Miracle'Recreation Hquipment Coate. x.v .P-0- Box 19374 : Fr6sano. CA1$f Fro p oat Amount- (Inc,ludese `Shipp1ng)-- (Opti"an 1 Proposal ,i unt (Includes ShipOingI ` t96, wp t i6h 111 # . + x, 1n ev 1 uat i ng'-.the propossa l s and ,froxt,knd.01 a es, of theca . f -two: C€ ►pan3s'gt3, Staff, hash had, good experiences: with both 'iron`' R` ' ,Mounta,i.n Forge .and'Miracles Recreation Equi nt '' 4 ;'tae ,' :City has utilI'zed -both '"companiettai �ur�hasw, park"- qu nt._`� ,Y Both Iron, Mountain and fr°aple' products meets ot-' 0) ee ttafetG lande 'Commmer ProduOlin with ,'�has" r , " + �i nt to ' 4ocated at Traffic Way Park., it is rt t ,, ,that we gravi s Oq'uipment which has the-•'blest,' p lay* v ue and 2seo- is very s urdyand provides-a strong oafety' t sty-IO of constructiaari is 814grht-ly different; but math f r ,,y�y, are y}.Q�,py�y1+�irg �,{�y !� y {�y �yy�� 1 �,g ; <Mk"Nail""i3Fr �i- pi Vi�"++hi? 'fV'$�Ma4 Lhsi.%rk ZY'c+ ''.o Rei "r r F h ' ° guides n*s "'tot a3�l�shed. � � 1" ��' `' N' j Th Miracle .system( provides -some k6yadva�ttaa�rese �� t�e V .w , ste>�� proposed by Iron Mountain Forge• Those �nclude: �i. The Ats�-tal ,play��surface, of the l�ira�cIe 'systems (Opt=scan -I 'e' square feat we. 4 ,o(quare foot , t Irt�I3= ntaxn .. ." T'ho i i e lo-­-System- 2 Loxvil I s-) c:l one" t e� n ' a�vo''a are oV doub l e wa l 1 ed z on rucil on vs: ;air ash -e,,' f c C I+e a t 'type oaf... const uct c�r� t.eria- I ,the -baron Mcu to i ct. Th 3.o' pr ri clue for i nicr+ . ± -t ra y l i .'�- end vas l 3 a The ,Mi c 1.* se,l d saw " 6v* .41 ide have ;entry , canopie a � ektend- ng -down. it elide el ► e�i ng-1-e.}l �q r*�cy : e r t. AA, 3 � g �}Moun� +5+�.1,i� Rey:p# j,posi�y�-c`y}�i"�y--Aisit ,{.♦# •'*" f� 1y'�'i' i+s+° '� � , S ' p .r4tiAU'l �< cansapY; It. also, prot*-cts ata i nst �a� l�nQ ewer 31, , top c P 3 hedwa s i ides s- be . 1Th Xtra 'l a system i s dot us;tod-., �" "Y a lva ea l"fed tub insr ` a ar+e posts : � 1 12", � re...Pcst., sad. :I on Altauaitaf rod ct-. 'Thi paro4uct �gt��c�se�d has a.p �v strut l urahi l sty and provon I" in, F ' a k i '} �a'i c i +alit -es. `l'b \I ren cunt f n ►rOduct P, 10 1 -if,,not heeivi l used gar• a fid*`.w 1,41 be ade+ t t+e but,., � }y UISO }Y�y {Iron l c�uuz 4in proposal}., i'6. dos�igned .mor+e" fc�a� +�►l"+9as.` Wllfi��1 � does hot recewo, hl�httA ar . us€� f; t lay yOut G each s +ste iso attached to this a p'Ori t CcattinC 1,:a!' V` CST: 'i3 k}� ons, �n" t� t .t)I . i 7 "t $ et+da,-itn.laQ,; .ncluded with this setae report- LON rdthe T•ra�ffi1c ark2 Pjf� ,,Equirpm+ent` peopdsal iral.e -:Roc"eat �uift ntpa tura ^ "l cost the, ,equ, p eut s .$4079.t3® del a�✓al ,�b44,-fu nds for ze- q- i nt tlauro ase x C�2 re " b impact .tta the, iy to 'piare�ses thy'; +e� pe+ea z h all funding has been,. Arca ri.dad;3a pr,i asEte- ,advea$ sera. ity ` lest:.#I 'to;.hi a s" � nai`,Iha.tall6r '� athe Vita t. 'ise :a 2 t C t this. tthey 'ia tal,�latibwvlon A tom, dept tt: taf- tca psav# fth nates lbc CQMP11001� -th . nstal,l>�ition cf :the , s ent MEETING AGENDA DATE ITEMN May 10, 1988 To: City Council From: Bob Best , Parks and Recreation Director-A--- Subject : RFP for Play Equipment Background As part of the development of Traffic Way Park, a children ' s play area has been included. This area will- be for Younger children, and will provide for a much needed service .for residents in the area plus children attending sports activities with parents who are too young to participate . The state grant received to help develop this park is inadequateto provide funding to develop the play area. Additional funds were needed to provide for the children' s area. As a result , the department sought commercial advertisers who would be provided advertising signs at Paloma Park, and net proceeds would be used to purchase equipment for Traffic Way Park. This process has been completed, and -funds are now available to purchase equipment . Recommendation Authorize Staff to advertise for proposals for play equipment for Traffic Way Park. Proposals would include available space for the equipment , approximate budget for the equipment ($4800) , and total cost figures from the suppl-ier. The City will also require from the supplier a detailed description of the equipment proposed; specifications of the equipment ; to incude a statement from an authorized representative that the equipment meets or exceeds specifications as outlined in the proposal - a statement from an authorized representative that the equipment meets all safety guidelines of the U.S . Consumer Product Safety Commission. Fiscal Impact Funds have been raised to pay for all equipment costs , including staff time regarding the advertising. There will be no cost to the city, as this is a 100% cost covering project . O O S � OI � 3 � n 1� ao o c. S 6i ID 11, C V1 N A O d 'a 0 a (fl C N. N N O..'O (C y nJ �O W �+ Q°d _ � V �• D q N N.r".+ _ Q <$ T Q In 3 4 w - m 00 S c �N ate'''•• i' •W' �} AS, --MON., . am Mla 6� `frcr-t� 1 t �}y�(.1`j�bYk���� �> ►�j��`�'41j r 7 lD O F' wo F zoAoSA L Up1D S v / c.L- Cosj ChE L Iu.rzF-�c X979 00 vJ1 �acF CU MB,N PV C. 5 I E P ASSEmQ. 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IQ + r ,` r fug" �crun� i r nc R° + n n �; � no 01 Itivn4l: costs. n t 1 wa v H14 c" + yin+ � ° t l r t .r X 4 ct1 �' i4 rY4f Y : ' t3x '"VoAward , i S74W{ri'dedI urpon 4 41 jnjoq jty License, ,C `k i ,: t- lf ance 'naM, y the ,Cit '!'A ri W � �y - q` e i 1" ' insured, " iY� r minimum , i�: bf l iti�� c- ver' ' �+ >� , f � . �: X , ` n` { r < ` 1 , s: .1 I I I !, � - :I I - I I I t . � � - ",""��-"��v?�f J OY,, $` – +r — 7:., - 11 11 +. 4.yi 11�p�qy �y F, 7�.Iy.}e t a' + 1. i I "'11.� ' it jti"l►'$Y >43�M r� aF',q Tr' r+,`r 1�► '$i✓' $*' -`" Y� 'LF'1M+ #.+W�i:� 1 4 � . ' �_ I� � f Auth,6 � o ,t ,> 4d4 �I�t',� 6.f." 4 .- - o arka � ti!�-' �� - w$ ^vi i` - .$` �.,. ,� t )' ;" A "I the . ,fi � '' cmis h 'Cork 7 ! . r7 11 , � , , � " �. � � s -k ig .� e w x - /, 11� .-/ G _7� x I " 7- "` r a 7 ) { Al�,. t � r �i�. �V �' "�'�� * 'ter r: 1 �� - , :;' �u - V" ids'. ��, - F _�( j,x �- r � � 1. 7 7# r,y � lo5. 7 j '� t 2, k F� t�, r,�. 111 `/' A t� `` 'i ,11 1 ' 'f E t r i i_r � k t ",- "1 { a �� ' r 4 -4�1 I£ ;fin c7 t �' ��'" 7 1 � - I'v 11 I f �':+ ;, - 7 j , I \ f i t �- �r# .�. a I. �`. t* I 1, ;4 11 yl '" �t, _ J '� � �4s � � # •j "71 '` 11 ``�„°'i # fit11 I '" 11 , #y 4� ", ;� i :-I'- ,� , � , I - ' ` � I - ,�'�"i r ,��, ' ( ! 4. 4r, fi� F �S - �1 a 3 ., � d MIEE DAT& END _ May 10 . 1988 To: City Council From: Bob Best . Parks and Recreation Director Y�— Subject : Authorization to Bid Grounds Maintenance Services Background Grounds maintenance services for Park areas has been Provided for the City by private contractor since incorporation. The contractor is responsible for mowing all lawn areas, watering all areas except Paloma Park, and edging/trimming. The current contract expires June 30, 1988. With the development of Fire Station #2, a need now exists to provide grounds maintenance services (mowing, trimming, edging) at this station and Station #1 . The Fire Chief has requested this be added to the contract . The additional cost of providing this service is unknown at this time . Recommendation Authorize staff to advertise for bids for Grounds Maintenance Services for the City of Atascadero for a two Year contract . Fiscal Impact .Funds for these services are budgeted under contract services- Park Division. The current contract is for $27 . 600 yearly plus $300 per month for the addition of Paloma Phase II area . The estimated cost for these services have been made part of the 1988-89 budget , with the exception of the Fire stations . An additional appropriation will be needed to cover the cost of the two stations if approved by Council . � + ,» Jane 14 198 . .r t j . 4 ti To: City Coun i l " Vida: Hill , nley. interim CitY Manager : From: fib Best. Parks and Recreation Direct r, h " Subject. iAwar - Irrationu � es, � r ra' f C, P*r` - yX. -141 00 May, 10. 198# Count I �tlalt�rs"zed Staff', tc�,�dvertA -T!°t?r bider for irrigation supplies for the Traffic -way , Sect ,"i'�a►is ��rc�cess was compl eta on June �, '�� � ��th'' ' .opening :`€ € bids. ) j . Bid results are as fol It t Smilth: ip ."$7-957.4 . l W fi Sa na " ra, Cal . � x t Farm Supply $882 �` Y y 4 .P'ssso RbblasCA , �+1 1 -` 4y k.' 1,. ' C8" .Cast Irrigation T. t Pacific Equipment & Bi I.ncomp l e ` Irr'iga,tixafl f ti d� City of Industry, Cat � Award Bid N6. 5E-�7, T"ra ff z c Way I rr T grit i o1i': eap.I 3 eec t f &fti th Pi pe, AI , The cost 'of the irrigAtion 'mat eri a lwi I be paid frOo the state grant receivedforthe dove Io nt of"T'raf'f�ic wa3� �, ParA:. Thea wi I I beno impact on City., budget , 46 •l/ n. Ex. ru i 1 '` _� t' ,. -i i. _ :�' '. a :'; �: � � ,. t, :.7 I i. of �`� tf t:7� ;y i y � � � •` ,/ �, � i, 1 �- � F 'i_ � � r .. �. .., � �, K � .. ^,3 �� a ," � � v �} � o t �_. � � n .� J r'. . � w _. > 1 4 i � ,��1' ] � t � � r' � , � � �� .k �. / � �, .„ ., .., a. .- , _� �. �G. �, -, .. :; �- � r .. -� , ,, y.: ,i i. 3 f 1 � x _ � � —� �� —^.� � �� - � \ a' ��'�F• I � i � ' \� �. . .. ,. , F 1 ,. - , - . _ ,- j r '� f } `� �` r, � � .� __ — �� �, � r k „ ; f�.. � .. 4 ., 1 1 ` "� f Y.- i 4 \ � � 4 1 � �-, ✓i� 1. � \` � l; 1 r f l iviE IN q D t, Y. } May 10 . 1988 To City Council b Via: Bill Handley Interim City Manager f xr' y From: Bob Best . Parks and Recreation Director3--- SubJect: Authorization to bid Irrigation Supplies ; V' r a� ,' . . v '+ .� Tj"` 7 s,: �r•S z4 4'�llth�>°). i ri 4`,7�zi� � x x ' .BACKGROUND ' Ty � n As part of the development of Traffiq Way Park. an d }' automatic irrigation system will be installed. A materials ' list has been prepared in preparation for the bid process RECOMMENDATION Y,. ., . Authorize .Staff to advertise for bids for irrigation supplies for the Traffic Way Park Project . FISCAL IMPACT h The allocation grant awarded to the City of Atascadero will provide for the purchase of irrigation materials for the Playing fields . There will be no general fund cost to the City. As: yak ' i ' � G, = � « h - 4, 1�! , If .. I � : � � , , , , �-� , - ,I , - � ,"', ,; -� �,�-1 I��;: a { r t i44k 11 11 ti F -�- �.....I...I'll� �� ;,���, , 11 ,�, I � , -,i- , , I I I I ,.I .- - , 1-1 � ,,.�:�',- ,-� " v ` r �� F z .f .x 1 �y� - - � � �" •js,. m i ' ': `a „ .: 4 � Yx kv, `� �� t X11 Ms ., _r i, t t x Coixh,ci .. 's r^ .11.11/ 1''M �' . } . �a r �, 'cr 1. , '11, r'3� � ,, 1, Z ter3� ages r' � k .. �{ 3 Y�S ,y I .� rK T� i* +L r r �+# 'q� �, 9 § .o. Y` 1. 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A x ' 1 ms' s ,; s a 1, , 3.r; ', �a 4 r ', 4 , ,', .k.. ,� �_ �` lol xi;. r * �� n � k 't ''' wig .`-�` �. Is- "�, ,. k �,t R a i�. �,�- h'�'�" t .. __ t �.. S'l -,�... .. .l - I I .�;-m, ''tom ,tea w i Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by and seconded by the motion as approved by the following role call vote: AYES: NOES: ABSENT: . DATE ADOPTED: By: BARBARA NORRIS, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: WILLIAM HANLEY, Interim City Manager APPROVED AS TO FORM: JEFFREY JORGENSEN, City Attorney PREPARED BY: HENRY ENGE , Community evelopm t Director EXHIBIT A ORDINANCE Zone Change 7-88 CITY OF 7445 Cortez Road ATASCADERO Larson SNIP C! •� I 1979-7 ` sCAD COMMUNITY DEVELOPMENT Ls to RSF-Y DEPARTMENT r P i �•7 LS P pw�} SON°. I\ ITE �� R �. •,�E � �,.E�, 7445 Cortez Road Zone Change 7-88 C •uE" \\ +'y — LS to RSF-Y Larson/Twin Cities = R F161 `R.SavF RSF RMF ! - _ MF 4(PD6) w}�� - ���p•� ��"� � ./ __ .fig - RSFX -'�.. .� � ,��'h�? 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'$' �. z j k' ,'" �1 ;F f t':.4 M -* I , ,, ' - , .,7i -. t' Y" b \ v �'k11 I >s pa p a 7�}�TA�f lit ,%awr �d �^ y � t s�sg�i ,NTMy�tYb 'r 1 t r«wI ',Ae,keZ�t + 'R'.V�7v+1+.4 i,r+Vi33, '11- ..E �#dk ,, #+"4r4iti,i> 3.i tS J=V81R �•, i'I."4� T.+#,771. OFl +€a '�;" (. r'> h 1, �pp�g�f�//�y (tuom�y^'� ,"Y �t y' y.g iy* t �7�'a�y y.� y�g^� tT _ x}?- 4 .i Zr:ax.V'W L7+1.'fF t7 A;dS - �MA1ilk: {,{ i 'F,,,-Y , V0#d.R.♦ - f •-,f I' 'l� \ � � �q '-( ',�F, 1- 1 - 77 J a r \ y $ y� J f ': }, 1' 'r te j i \ f -&',`.,. x r 4` l F tee+ f t, " ' .�.S�+�� A , ti t L 2;I I 1 'YS t 4 " rT7 ro � �^ - ,: e \. J F < - IE \ Key ''�"'S l ` , B 8:. �.:.11 4'( � iti X 11 �C wG r `c =' `a,f 4's '� ; - a s --' rt, f �� . a N, a h `4�" , + f ' 'J t �t : r Rt ` A �.F 9 a J; bfi I ��0 11 I t r s sn ,f" �+ .i s } ,, x t S a I Ii c' " �� t a s >a -- s �g „ y t Y _ - 1 1 r `� ,S .• T �,.c i `� 'f _ ', � � ` � I ' a I 11 ''C r, i �. ,,4 , i� ., 4 �� `L i k �' I ,x71 �� "MT 1 - v ��, ! SS r ' J i� er 'q� r i t ,',l. r , i 0 °_ z � a t / f v 7 r 1 sY r "C 11 I/,kJ, -# E 1 r-, fll S 75 , � A "Y. '� f �. �.' 6-. t rry sA r�` '„ 1 1 r (> y ' — ,A, r-1 6 s �"t �i `6 r v i i- 5 'v� � " s n Esq w _ € +E .`t r r,x't ): S t .. X, 4 3a t \^ ! j\ _ f 'r� tom' n _ / i s f A f .x rr5 �, r �- f,�:-, '#,I i ,, -, - I 4 ,, 1: ,� j P a x �A is s \ r Vis.: r - c� �� : ~��� ;¢s Is4t� s. 'r A 2 A 3;f �" r ss . s 4 3 t a 11 41..r z. ,. ., >> �; .i >. MEEfINQ� /r: AGENDA TO : City Council Members June 10 , 1988 FROM : Ad-Hoc Audit Committee SUBJECT: Review of Audit Firm Fr op osa 1 An ad-hoc committee consisting_ of Counc i 1persons Eorgeson and Eourbeau , Citi: Treasurer Gere S i bbach , and Fut:i i c Member Alder Shiers met June i at the request of the mayor . The committee reviewed three audit proposals and interviewed represergtative of the three audit firms. The committee ' s purpose was to recommend one of the firms to the Citi Council for engagement as independent auditors, - As outlined in the request for proposals document , the committee considered four- primary factors in making its. recommendation . These factors were the firm's experience aual i f i Cat i ons of Personnel assigned, cost , and the audi t approach . Also so considered were alternatives related to the = length of the ergagement and the Transportation Fund-_ and<i t . The committee found that all three firms appeared to be we l l cua.l i f i ed to perform the city's audit Robert Moss and Company submitted the lowest maximum fee . However , that furl: has audited the city each year since incorporation . The committee' s - consensus was that new audit staff members and a fresh audit approach were Very important at this time , and could only be assured if a new firm was selected. The highest fee was submitted by knight , Towle , Sage and Johnson KTS&J? . The fe* submitted by GBP&E was only slightly less than kTS&j for the first year but significantly less in the following years Eased on its review, the comm;i ttee unanimously recorrmenOw that the Council engage the firm of _G1 enW Bur•de t to , Fh i l l i ps and Booker (GBP&B) for a three year per i od as a°-,-t and the Sanitation District . It also r+=cor*menas Wat tQ Wnn = be engaged by the area Council of GCivernmentstip .udY N :tl`€a Transportation Funds for the same period. - i - 41 Toil -tity--cou"ll 4tia s .$i 11 a 1eY, Interim tits"Man le r h arks� and het' rection x4ctnr'"'' r f Subio t:. n nt .to Feea .and 'C a PO 0. nU4=1 {{ n P�Iar� "i0 3907, City* c Counil t4. 'Z �-8 r and +�abl ihair� r , � 'r ~; °eat. k 11 rercrent j cin �fA i it i es. with they Lake ftv, l i an -n€a use,1 qu "If-1004" sti "fr� community based orgy i�: :ti to acl tis s a a, If-100 " for',spe�cial a vents, n6n-redid nt v101 of At "ade ro ; ep-=nic facilities. ' t n vx_n* 8 t0urnOwnt supeivision and r-alcoho1 sal ne3edfn clar^i. cetic�nF the attachedn t rf , tarr���� `:;� 0` + onsidera or . '1' w 1 radeqttat�1'y provr.€10 ,,for 1 depart nt f at this t �: 3. P c it 'an tes too the p4i icy iitrcl.t e�tio to,,,a11 refer ne~ s of 'tha Lake 'Pavr1 on+ a usable for ub1 is purposes Changod to :�O days f or,--non-resioelit grvtj►parm � rz ' d8�►s > #r re 4l ent groups. ,�bst t� p epare � .t urn nth We 11 ,l n atStie* t .' Addition o -,- 1s 'Ak1c� n 4 tmunit�'-b sa t+ r n;i a ti+ to chakge fe:e:s for ssion- to a�QY speacisl .e ► nes 4. 'Fee :Chang" Pala l'oi ` arad Alvrd Field—, 1' * Concessi..6 Feet-� 3C1 Li ' ort : . ss Pro gram: uer° isirn- 7t. q £ crr#—r' cert fps fir,. use, o , Aarbscue. •ake 'a Area- .2 an �.` p �, s2tf ear exce t,;;G rc,ial- st? , eti, te +exceptrra1- 19. Y +� '36 Adt�pt Fet�lLtt.ltAl1 Nth. — rsvit2 adthn f Vs f W usa � rscre�at ion facr l.rlt.ie s f pis . 1Ut 1.0t ✓° Yy r supersedes, Fta:r a 1 Ltt 10311 o♦ 3'��7. : t m' 'Plea rie-yised feees and charges will 7W�. +} �A yyy�5� }� ,�py�,.�i�y�. +�y y yip @1 �y,jpyµ '*� p r�n L .i j �W rkw F a�". '•ASIT`�Mi ea{�i on!'.areas J j iiAr +M. .. b'I.Y M .. f it td ,the Cti 'c 'Atascadero. ; f '1 F 11 � 1Z7� Ld �t irl� yX�\±.+i k ll . ° '. S,. the-Gow6 nt,-Aac4--,�-, p ' v dos thiit ;f' ; c+ l d for bac :Awbi y� of r+l and i a - I writton-i, rent, tl ftr sk ` , + /� ■. � ` � I 8 urrer�t X81 icy ,'prlsvidt ]� h NOW F �': the { v n ` i.. of the-:-City, ti!, Akta ' +�rd # opthe #t r :x'41 nua , k _ ame b404.:z �a�}! �`yh# d ��& �4{ ��" �Arn X3:2� ��t . ai��ali*t f ' i�LF �r X.` '# ''e7�Ooilti a�iY+A Jubt -no Pwuna uacili4rson J; :th+ :loreqaM. .rte t x vote, F NOES Apt \ k ATA CITY OF I f i ' " f . 4}ri 71 y � rR vj r c a t a �f • ! APPROVED AS TO FORM: Jeffrey Jorgensen, City Attorney APPROVED AS TO CONTENT: Bill Hanley, Interim City Manager CITY OF ATASCADERO PARKS AND RECREATION DEPARTMENT FEES AND CHARGES POLICY MANUAL FOR SCHEDULING OF PARKS AND RECREATION FACILITIES Facilities Available for Rental Fee and Permit Procedure .� Policy Statement Rules and Regulations Major Event Procedures Types of Groups Fee Schedules A. FACILITIES AVAILABLE FOR RENTAL The following facilities are available on a reservation system basis. Detailed instructions on how to apply for rental of a facility are outlined in Fee and Permit Procedures. ATASCADERO LAKE PARK GAZEBO - covered area suitable for concerts, meetings, etc . BARBECUE AREAS AT ATASCADERO LAKE PARK - three medium to large BBQ pits with seating for large groups. ALVORD FIELD - night lighted baseball/softball field at Atascadero Lake. PALOMA CREEK SOFTBALL FIELDS - two championship night lighted soft- ball fields available for tournaments, practices and -special events. PALOMA CREEK PARK PLAYFIELDS - two large multi-purpose open space fields suitable for sports activities or special events. SUNKEN GARDENS - a large multi-purpose grass area adjacent to the City Administration Building suitable for special events. TRAFFIC WAY SOFTBALL FIELDS - suitable for youth groups. PALOMA CREEK PARK GROUP BARBECUE - (under development ) . When complete suitable for large groups. PALOMA CREEK PARK EQUESTRIAN ARENA - multi-use arena. - B. FEE AND PERMIT PROCEDURES 1 . An application is required for all groups using the facilities, except for an activity sponsored by the City of Atascadero . 2. All applications for permission to use City of Atascadero parks and recreation facilities shall be issued by the Director of Parks and Recreation, or his appointee, subject to the availability of the facilities. Application forms are available at the Parks and Recreation Office, 6500 Palma Avenue (City Administration Building ) . 3. Applications shall be issued only to responsible adults who shall be in attendance at the function for which application is made. • 4. Reservations shall be made in the order of receipt of application by the Parks and Recreation Department and subject to the avail- ability of facilities. All fees must be paid before reservation of facility is confirmed . 5. Organizations requesting use of the softball/baseball fields for tournaments or Sunken Gardens shall pay a refundable deposit . This fee shall be returned only if the facility is left clean after use and there is no damage. 6. A written request for a Waiver of Fees may be submitted to the Parks and Recreation Director for consideration. 7. Appropriate deposits as determined by the Parks and Recreation Director may be required for groups reserving softball facilities. There must be paid at least 4e hours prior to the event date. e. Rental time must include decorating and cleanup period . Rental time is adjusted to the next full half hour . 9. When applicable all persons using City of Atascadero facilities must obtain necessary keys from the Parks and Recreation Department immediately prior to the scheduled facility use. Keys must be t returned to the Parks and Recreation Department by the first working day after rental . A $3 per day fee will be charged for each . day the key is not returned--after the first working day. This rule may be waived at the discretion of the Parks and Recreation Director . 10. City staff is available at $10 per hour per person to assist the group . This fee must be paid prior to the event date. C. POLICY STATEMENT 1 . Recreation facilities shall be available to any group in the Atascadero vicinity for activities which contribute to the best recreational , social , cultural , civic , and educational interest of the citizens of Atascadero . Any dispute regarding the above shall be referred to the City Manager if necessary, but disputes shall first be discussed with the Parks and Recreation Director . - 2. Applications for use of the City of Atascadero Parks and Recreation facilities must be filed at least seven days and- not more than 30 days prior to the time use of a facility is desired . Resident groups, as defined below, may reserve a facility 90 days in advance. A RESIDENT GROUP is defined as an organization whose membership is composed of at least 51 percent Atascadero residents, or an organiza- tion and/or business based in Atascadero . 3. Reservations for the use of City of Atascadero Parks and Recreation facilities shall be granted at the discretion of the Parks and ' Recreation Director for the following activities or groups without charge and with preference in the following order : 1 . City sponsored or co-sponsored activities 2. Local organizations constituted for the promotion of youth recreation, education and welfare activities. 3. Service clubs and community service organizations. 0 4. Reservations for the use of City of Atascadero parks and recreation facilities shall be granted at the discretion of the Parks and Recreation Director for the following activities or groups at the established fees and on a first-come first-served basis. 1 . Local organizations constituted for the promotion of adult recreation, education, and welfare activities. 2. Private, non-commercial meetings and events. 3. Commercial activities. 5. Field Use: Non-resident groups may not reserve fields more than 30 days in advance. Resident groups may reserve a field 60 days in advance. Both groups may reserve the field only once per week with- out authorization from the Parks and Recreation Director . Fields will be subject to the fees as stated on the Fee Schedule. _ 6. Groups who charge membership or admission may be subject to a financial review to determine appropriate group classification. 7. Political groups requesting the use of facilities may be referred to the City Council or`-City Manager for final judgment. 8. .All meetings and/or official gatherings that may create overcrowding, • noise or traffic problems will be reviewed with the Atascadero Police Department prior to the final approval by the Parks and Recreation Director . D. RULES AND REGULATIONS 1 . All City ordinances must be observed . 2. Gambling , the use of profane language, loud , boisterous talking , improper conduct , unusually loud amplified music or any other activity that creates a .disturbance will not be permitted . 3. The City is not responsible for any lost or stolen articles. 4. No equipment or furnishings shall be removed from the premises without permission the Parks and Recreation Director . 5. City of Atascadero reserves right of full access to all activities ' at any time in order to insure that all `rules, ' regulations and city and state laws are being observed. 6. All activities must cease at lO p .m. UNLESS written permission is granted for a longer period of usage. 7. If damage to CitV-premises or property occurs incident to the rental , the applicant shall be held responsible. 8. Groups meeting regularly must notify the Parks and Recreation Department at least seven days in advance when they are not using the facility. Groups will be billed until notification is received . Notification must be completed in writing . 4. Failure to comply with the rules and regulations will result in termination of facility use at the discretion of the Parks and Recreation Director . 10. Rental of facilities shall be on a first-come first serve basis except as discussed earlier . Reservations are not confirmed until the application is completed and all appropriate fees are paid . 11 . Lessee is required to clean and leave in a sanitary condition the rental facility used . All equipment must be returned to its proper place. 12. Any sale and/or consumption of alcoholic beverages shall be subject to rules and regulations of the ABC. 13. Five calendar days notice is required to cancel or change the lessee ' s reservation date. Failure to do so will result in a 15% administration fee. 14. Violation of any of the rules contained herein by lessee shall be, at the option of the City of Atascadero , sufficient grounds for revoking existing reservations and/or denying future use by said lessee of City of Atascadero facilities. • E. MAJOR EVENTS PROCEDURES 1 . Applicant will be responsible for application and a letter ( if needed ) describing the proposed event . 2. The letter accompanying the application should include: a. Type of activity b . Number of attractions c . Approximate attendance d. Information about the sponsoring agency or individual e. Methods for the funds collected to be dispersed f. Proposed set-up g . List the event ' s operating hours. 3. Copy of the letter and application along with cover memo forwarded to the following departments: Administrative Services Police Public Works Fire City Manager 4. Parks and Recreation Department will receive responses from departments and will contact applicant regarding status. 5. Applicant must respond with appropriate information to various departments including police at least 45 days prior to the scheduled activity date. This information includes but not limited to : listing the names and Social Security Numbers of all personnel who will be operating the carnival attractions and obtaining a business permit from the Finance Department , at least 10 days prior to the event . 6. City may require portable restrooms, maintenance staff, police security and may direct special set-ups. All of the above will be accomplished at applicant 's expense. 7. City will require an insurance policy naming the City of Atascadero as co-insured . The policy will be for $1 ,000,000 liability and $500,000 property damage. B. No equipment will be stored at t City site until tow days prior to the event . 9. Applicable fees may be waived for nonprofit organizations. All groups will pay a $200 refundable security and maintenance deposit . 10. All employees of applicant will adhere to any direction given by City representatives. Failure to do so may result in a cancella- tion without notice. 11 . Non-profit community based organizations may, upon application to the City, charge admission fees for major special events. F. TYPES OF GROUPS GROUP A - City sponsored activities. For example, fee based classes or special events conducted by the City of Atascadero . GROUP B - Meetings and programs of local organizations constituted for the promotion of youth recreation, education or welfare activities. For example, Little League, PTA, etc . GROUP C - Service Clubs and other `organizations .constituted primarily for the promotion of civic improvements. -For example, Kiwanis Club , Lions Club , Rotary Club , etc . GROUP D - Local organizations constituted for the promotion of adult or booster groups of youth recreation, education, or public recreation. FoC example, square dance clubs, social clubs, instructional program groups, sports leagues, etc . GROUP E - Local , non-commercial group meetings and events. * For example, fraternal organizations, church groups, political associations etc . (Private non-profit groups) GROUP F - Private parties. For example, showers, wedding receptions, family reunions, etc . , and non-local non-commercial group meetings and events. Non-local company picnics or athletic events. GROUP G - Commercial activities. For example, sporting events, exhibits, demonstrations, shows, dances, corporate meetings, etc . (profit oriented activities) . *Commercial may be defined as any person and/or group charging a fee to participants. All groups with non-profit status will be exempt from the commercial classification. FEE SCHEDULES ATASCADERO LAKE PARK GAZEBO/BANDSTAND GROUP COST A No charge B No charge C $10 per meeting D $10 per meeting E $10 per meeting F $10 per hour G $15 per hour LARGE BARBECUE AREAS ( 1 AND 2) NON-RESIDENT FEES A No charge '- $20 per use except B No charge Commercial activities - $30 C $16 per use D $16 per use is E $16 per use F $16 per use G $25 per use SMALL BARBECUE AREAS (#3) NON-RESIDENT FEES A No charge $12 per use except B No charge commercial activities - $19 C $8 per use D $8 per use E $8 per use F $8 per use G $15 per use SOFTBALL/BASEBALL FIELDS (Prices do not include lights or field preparation) ALVORD FIELD A No charge B No charge C $5 per hour ' D $5 per hour E $5 per hour F $10 per hour G $15 per hour I • PALOMA CREEK PARK A No charge H No charge C $5 per hour D $5 per hour E $5 per hour F $10 per hour G $15 per hour ALVORD FIELD LIGHTS A $7 per hour B $7 per hour C $7 per hour D $7 per hour E $7 per hour F $7 per hour G $10 per hour PALOMA CREEK PARK LIGHTS `'-, LIGHTS ONLY LIGHTS & REFRESHMENT STAND POWER A $7 per hour $10 B $7 per hour $10 C $7 per hour $10 D $7 per hour $10 E $7 per hour $10 F $7 per hour $12 G $10 per hour $15 PALOMA CREEK PARK OPEN SPACE PLAYFIELDS A No charge B No charge C No charge D No charge E No charge F No charge G $25 per hour GROUP BARBECUE AREA A No charge B No charge C $8 per use D $8 per use E $8 per use F $8 per use G $25 per use TRAFFIC WAY SOFTBALL FIELDS A No charge B No charge C No charge D No charge E $5 per hour F $5 per hour G $10 per hour SUNKEN GARDENS A No charge B No charge C No charge D No charge E No charge F No charge G $100 per use NOTE: All groups required to post a $200 refundable cleaning deposit . PALOMA PARK AND ALVORD FIELD (Softball Tournament Fees) In addition to the previously listed fees for field use and lights, the following fees are established : Concession Fee - $30.00 Program Supervision - $70 for two eight hour days Liquor Concession - $30.00 PALOMA CREEK EQUESTRIAN ARENA USE OF ARENA PORTABLE MEETING ROOM KEY SECURITY SPECIAL GROUP PER DAY- * TOILET (PER 2 HOURS) DEPOSIT DEPOSIT EQUIPMENT A No charge N/C N/C N/C N/A N/C B $50 $20 $7.50 $25 $200 $10/use C -$50 $20 $10 $25 $200 $10/use D $50 $20 $10 -$25 $200 $10/use E $100 $20 $10 $25 $200 $10/use F ,$150 $20 $10 $25 $200 $20/use G $200 $20 $10 $25 $200 $20/use * Plus $1 .00 per horse INDIVIDUAL USAGE Use of arena - $3 application fee Key Deposit (refundable) - $10 Special equipment - $5 per use E, V�, ix t it*.Co� x- t y i ' n yes It i!.,p, ~3vft *'�. + �Best+-J! 405And Recreation i �' ''�1� 4a 3wt ws. x =B 1 1,5 We KW M. "Power's aj� }� a ,fir y�,L � ;fin Ag :ement fJr to ile MCI! 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' s # 1. {� 'r t r istr4.G'` rs tt `.it l f` z x g x J t t � K:1? ,- .. : 3 &u2t - s ' 3; sk Y w �` � t N r -t { tai , i :y,{` 'k' � } _ 2 . -. - v - i w�' _- .� k c fi8� �� ft r* 'w' S ` � � _ 1 �, I-V t "i,. Z<,,tn. rY: " < d: '' », as` d ,fir;{ 1 ,vs rr.if ;f %. a �s�T.:'� wi''��.;" "�'.. . � _ . - E_.� ....., 4._ . '''�- � .� + `-' �. ''va'-i �. .:'�fs�� Vii- � �' •t; �b�� kf .iw y ORANMM t r 47, I t•. p ; � \w 7 z. k y. � n ! 3g} k�`P �'.; k � art TQC �74 .t ' . �AAM v R aqtr} ikK �yvo yyy1ynon ##77 y�pyl/y�yy,�yvy�y. 11 {'� � � ���� ���t� .IF1rVfRRM1�� i�.�.Y � ��F � Ef #' A r .•,�,* .... it y a�e-rj }� ]�,/� «' � .L .n L1��J g� •.S'.1? '1�`r F r, e`{ 4F .}�►_OV - w ( f' / W 4 Bat Y 36 �• ;th eex garde tan:,o - '3 r} }ia crc ac'€�� �t�+� ante►. A. GilbTj M F t� '4 ' 'h S ui fi l d yi� �' l°x,� sxfa" * Y•br� = �,� �+ ,ct r It > +"' fj% c o itt to t 3 so r t . ann��ta, e� ` +�x ` t 61pan r ,r : d �nectc n ' c ���t tt � � . s Ar 06 4*10 z{r ia"S4 'r t � x k ro l:� ) ,•�..�,� t > „ "tn' e y .�� � ,y,. 8_s x- '� x a w{ r7 74 5 t -''` .w a � '{ ''�' .tea - k `"}� 'Y,.-, � a:w • a P t#, ' `�•� �"-'ti Utz 1 a. 1. r: I�.�x,.,". ,� � r t `Y.s= '"t-6�"r"SS �1 RESOLUTION NO. 39-88 A RESOLUTION OF THE ATASCADERO COUNTY SANITATION DISTRICT APPROVING EXTENDING PUBLIC SEWER SERVICE TO LOT 2 BLOCK 1 EAGLET TRACT 2 AND INCORPORATING THE AREA CONCERNED INTO THE BOUNDARIES OF IMPROVEMENT DISTRICT NO, 1 WHEREAS, the Atascadero County Sanitation District is empowered by Section 4834 of the Health and Safety Code to annex territory already a part of the County Sanitation District to the Improvement District of that County Sanitation District • and WHEREAS, Mr . Don Robinson owns the property described in Exhibit A attached to this resolution ; and WHEREAS , said, `'property , located on El Corte Avenue, is contiguous with Improvement District #1 ; and WHEREAS, the proposed annexation has received a Negative Declaration pursuant to the provisions of the Environmental Quality Act ; NOW, THEREFORE, BE IT RESOLVED by the Directors of the- Atascadero County Sanitation District as follows ; Section 1 . The Board finds that the territory described in this resolution will be benefitted by such sewer service (Health and Safety Code Section 4830) Section 2 . The Board approves the connection of public sewer service to the following parcel , subject to the payment of appropriate fees as listed in the Atascadero County Sanitation District Code; Lot 2 Block 1 Section 3 . The area included in Lot 2 , Block 1 is hereby incorporated into the boundaries of Improvement District NO. 1 . On motion by Board Member and seconded by Board Member ,the foregoing resolution is adopted in its entirety by the following roll call vote . AYES : NOES : ABSENT: DATE: ATTEST : ATASCADERO COUNTY SANITATION DISTRICT Secretary President APPROVED AS TO FORM APPROVED AS TO CONTENT JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Dir . of Public Works i .-I tio. o w Y G r � A ,r V� C7 J vanMY eo o0o a ' �9 L Y z `' EXHIBIT D ANNEXATION REQ. CITY OF ATASCADERO TentatiMap ve TPM 6-88 197•- 8485 E1 Corte Road `Sscsw COMMUNITY DEVELOPMENT Robinson/Twin Cities . DEPARTMENT IL 8051'434-1834 TWIN CITIES ENGINEERING INC. CIVIL ENGINEERING 3 SURVEYING ALLEN W. CAMPBELL RCE 20244 t February 25, 1988 City of Atascadero P.O. Box 747 Atascadero,. CA 93423. RE: PM AT88-012 Gentlemen: We hereby request an annexation into the Sewer District in conjunction with the processing of the above referenced Parcel Map. Sincerely, - ' V Tom Vaughan for Property Owners TV/Pas P.O. 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I .1 l.: : �_ _.�. mss_ -- __��...u.,! }::- _....� On motion by Board Member and seconded by Board Member ,the foregoing resolution is adopted in its entirety by the following roll call vote. AYES : NOES: ABSENT: DATE: ATTEST: ATASCADERO COUNTY SANITATION DISTRICT Secretary President APPROVED AS TO FORM APPROVED AS TO CONTENT JEFFREY G. JORGENSEN PAUL M. SENSIBAUGH City Attorney Dir , of Public Works o'� a\ _ �\ �\ __ y _ � rk- 1 L\ I � 1 i _�-_,—__.__T——____._ r. G 1 C �ci ' � t\ /_ 'I+' 1 - .�`, I Cyai_ ___._ ____ _-- / _ O� � ,� \ � ',' f NN � n i Lam- � � r ', �' a\ 1 h I I = r - �l fl C 1 . .. _. _ r-- �; �, i 2 .r'y� y _ ,� .. c _ � � `; ___ � ` i - j __ ' �. � . s ,- ,e> � � _ I Nd � • �� � � ,� `, •.� ' ` , �, �; • % ;. �� �, 4� ,.rl. ' U •r:.� � �� L / - - - Nor �� m a �I �� I? 2 y � �' �IU 'C ,; _ � r , �'' ,:I� � y � r i- ' ..' _ � 2 l 1 fill � _ ' � 1� � ��p I � 'p #88-039 qUESTA ENGINEERING 7401-B El Camino Real/P.O. Box 2066 Atascadero, California 93423 (805)466-6827 March 30, 1988 Paul Sensibaugh, City Engineer City of Atascadero P. 0. Box 747 Atascadero, CA 93423 SUBJECT: Request Sewer District Annexation Lot 6, Block NC, 4800 San Jacinto Dear Paul : t As representative for--,William and Ann Palmer, I hereby request annexation of the subect property into the sewer district, upon tentative approval of our parcel map application (Parcel Map AT 88-059) . Thank you for your consideration. Sincerely, i _ John Falken teen R.C.E. 33760 Exp. 6/30/90 JF:cb Attachment Ag x'10 K .. Board of D*recto Ata sicadiar � unty .3ar tat x reni star�i � THRCtiJ is V 1 am 4anle ,� nterirn txtF nagvrKl: ` ' , E ' R k . . 'aur Aarsbauc h, Dirtaif, Publi g.' W � ° " sw SUAJ_Z-7- > r. $ d eye is asewa eatmint� LAJAV >jl k � g r � S r .r z h Ji 4•F F p taff r+ wom rnci that bvfi i'bids iir hely r= W ,ani ,.: a prcn6,e rw- bid and thit the funds b�adg+ t tJ isas ,t t r � ereci fear usen ,Fisoai Y7,7 1� 1�9 ; �k12 51 d - W x; i� Y x✓ �:,• ,,,.{ }`. .p rAt ����, VA TA r , t the Board Meeting of Ply`+1tJt kf bra auti�s� d ed 'a to ~,t �xti s� for`~ bids �for,-the ona root-ice ,of ; ' �rtoraoe budding t be oct+�d ,at the Wastewater Treata�naht �t_� A `) 3C ous el on The two bids relc.eived weary : 'substantially o� the ` ara c n1. budgeted for this" proaeot . �heee warms aks". �c�� �: �r 46 S§�aN "reenaway . CoT3#trudtion, "`z '4 ✓,QY"�d f l i'ti/ ..'+ ,P ' . i . !lnun t M.Xu4gq it 4"i1d Y. Y 1 *+;Y F .Y. ^F ( k ff a' aff. will. be r+ viwingezvral� +ttsan iau€i , revising downward, the mc of the prcaasttt orretxs �.. G additional ; funds to comlAote, the 'project ea proi31oivf, At ¢ � . thistime , ataff� Inas riot ana.lyiad� the budget ; prop, n the bili p kage with regard to Cost Fiscal Irapa t : } u .�.r � p Mr e,- wit vbe1 no ii ppact,a4r his iimieA fir. be made to anqux&er: the $30 000 budgeted this b dg ' art . 4 �� r ' K" V Af dwg r. r BIDDER acknowledges receipt of the following ADDENDUM: t�lc,N� a TOTAL OF BID ---------=---------------------------------$ Respectfully Submitted: sR, By : - Title : Qz���_ Address : 9G9( Icacc,—a 2 AmwA ca.t7a_c) Date: LTf (SEAL - IF BID :IS BY A CORPORATION) ATTEST: MEETI 1 EN xr DAT /o r �s S MEMORANDUM k M z TOBoard of Directors" Atascadero County Sanitation District r g THROUGH William Hanley, Interim City Manager ", FROM "Paul M r Sensibaugh, Director of Public ,Works k & r't w y fir fifi,,s a #cr , :ra4 •�� s �.a� r, � �.1���'.,"�'f'r5 r' '� �• 1 {,(1��4t(�cr��j � x �.Y![1 "'i"��'M"� r lsS I}I^# �'ru,�lt � ���$ SUBJECT Authorization to Bid` �r 4! Bu Wastewater Treatment Plant ildings " ..� tr g. ��„ `� �-;_ °,{„ '��,..•�� t � �' R�- 1 U e' Epi f a r 'DATE May '3 1988 � �� ��'�, �`�� �2�,� ��;° i t ! n a rx k�., ? 4 .z r p}k`xG` - ` � � t a -%i .� R e c ommendat i on w� Y 1 •f .; �m x ,i •`� e F`. r x.10 e k it}} +. i 7 y+� � '�yP'({� 2 Staff recommends. that the Board grant authorization to r{ r advertise for bid ',;the construction of a new storage }"{ , r building to be located at the Wastewater Treatment Plant CBackground5,11 A xxen i �.r. to9rsy es<, � �; t This facility was "approved during the 1987-88 budget" hearings { Discussion : The building proposed is a 30' wide 75' long and 14' z high metal building on a concrete slab to be used for storage and equipment maintenance . - TheContractor will be required to obtain all appropriate permits and to pay the building permit fee. Development Fees will be waived. Fiscal Impact Funds in the amount of $30,000 are available in the F.Y . 1987-88 budget for this purpose.