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HomeMy WebLinkAboutAgenda Packet 02/28/1989 BOYD C SHARi TZ CITY CLERK A G E N D A ATASCADERO CITY COUNCIL REGULAR MEETING ATASCADERO ADMINISTRATION BUILDING 6500 PALMA FOURTH FLOOR, ROTUNDA ROOM FEBRUARY 28, 1989 7 :00 P.M. RULES OF PUBLIC PARTICIPATION: Members of the audience may speak on any item on the agenda. * A person may speak for five (5 ) minutes . * No one may speak for a second time until everyone wishing to speak has had an opportunity to do so. * No one may speak more than twice on any item. Council Members may question any speaker; the speaker may respond, but, after the allotted time has expired, may not initiate further discussion. The floor will then be closed to public participation and open for Council discussion. Call to Order Pledge of Allegiance " Roll Call ✓ City Council Comment * Introduction of new Public Works Department employees : Jon Everett, Custodian Danny Hillstock, Engineering Technician II David Bragg, Engineering Aide Trainee COMMITTEE REPORTS: ,The following represents ad hoc or standing committees. Infor- mative status reports will be given, as felt necessary. ) Ji . City/School Committee 7 . Finance Committee 2 . North Coastal Transit (Police Fac . , Lake 3 . V.L.O. Area Coordinating Acquis . & Pay .lion) Council 8 . Business Improvement 4 . Traffic Committee Association 5 . Solid/Hazardous Waste Mgmt. 9 . Downtown Steering Committee Committee 6 . Economic Opportunity Commission COMMUNITY FORUM: 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 authorizes an extension. All remarks shall be addressed to Council, )-,as a whole, and not to any individual member thereof. No person shall be permitted to make slanderous , profane or personal remarks against any Council Member or staff. Any person desiring to submit written statements to the Council may do so by forwarding nine (9) copies to the City Clerk by 5 :00 p.m. on the Wednesday preceding the Council Meeting. A. CONSENT CALENDAR: 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 on these items. A member of the Council or public may, by request, have any item removed from the Consent Calendar, which shall then be reviewed and acted upon separately after the adoption of the Consent Calendar. 1. FEBRUARY 14, 1989 CITY COUNCIL MINUTES 2. CITY TREASURER'S REPORT - JANUARY 1989 3. CITY FINANCE DIRECTOR'S REPORT - JANUARY 1989 4 . APPROVAL OF PROPOSED DIAL-A-RIDE AGREEMENT WITH COMMUNITY TRANSIT SERVICES 5 . APPROVAL OF PROPOSED SICK LEAVE BANK POLICY 6 -) AUTHORIZATION FOR PURCHASE AND INSTALLATION OF HOME RUN FENCE ON PALOMA CREEK PARK YOUTH FIELD #3 7 . ANNUAL SPRING CITY-WIDE CLEAN-UP/BEAUTIFICATION DAY - April 22 , 1989 a. REQUEST TO INITIATE CONSIDERATION OF FLOOD DAMAGE PREVENTION • ORDINANCE 9. RESOLUTION NO. 15-89 l AUTHORIZING GRANT FUND APPLICATION FOR THE URBAN STREAM GRANT PROGRAM (Atascadero Creek Devel- opment Project) B. HEARINGS/APPEARANCES: 1 . PRESENTATION OF FRANCHISE FEE BY FALCON CABLE CORPORATION (verbal) J 2. KE PAVILION DISCUSSION: RESTORATION VS. REPLACEMENT 3. GRANT REQUEST BY A.F.A.R. FOR SPAY/NEUTER PROGRAM 4 . FY87-88 FINANCIAL AUDIT AND RELATED FINDINGS (Brad hair) 5. REPORT ON HOTEL PARK PRECISE PLAN CONDITION (#17 RE: ROAD �c, J ABANDONMENT) (5805 Capistrano - Hotel Park) (Continued from rad 2/14/89 ) � 6. RESOLUTION NO. 13-89 - NOTICE OF INTENT TO CONSIDER VACATING A PORTION OF SAN ANDRES AVE. RIGHT-OF-WAY AT 7005 ATASCADERO AVENUE 0 .,►'� �4 ** BREAK C. NEW BUSINESS: 1. REPEAL DEVELOPMENT FEE RESOLUTIONS AND ORDINANCES: A. Resolution No. 16-89 - Repealing Resolution No. ' s 64- 85 , 10-86 , 11-86 and 44-88 B. Ordinance No. 191 - Repealing Ordinance No. ' s 111 , 118 and 119 ( SST READING: Recommend ( 1 ) motion to waive reading of ordinance in full and approve by title only - voice vote; ( 2 ) motion to approve Ord. No. 191 on first read- ing - Rall call ) 2 . RESOLUTION NO. 14-89 - AMENDING RESOLUTION NO. 33-88, EX- PANDING THE LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS IN THE CITY OF ATASCADERO 3 . REQUEST FOR COUNCIL REPRESENTATIVE AT CHAMBER BOARD MEETINGS 3 D. INDIVIDUAL DETERMINATION/AND OR ACTION: 1 . City Council 2. City Attorney 3 . City Clerk 4 . City Treasurer 5 . City Manager f 4 IHtEETf ATASCADERO CITY COUNCIL MINUTES Tuesday, February 14, 1989 The regular meeting of the Atascadero City Council was called to order by Mayor Borgeson at ?SOO p.m. followed by the Pledge of Allegiance. ROLL CALLe Presents Councilmembers Mackey, Shiers, Dexter, Mackey and Mayor Borgeson Staff Presents Henry Engen, Community Development Director; Paul Sensibaugh, Public Works Director; Mark Joseph, Administrative Services Director; Jeff Jorgensen, City Attorney; Andy Takata, Parks and Recreation Director; Boyd Sharitz, City Clerk; Bud McHale, Police Chief and Mike Hicks, Fire Chief. • Mayor Borgeson presented Mike Lara with a plaque for his past service as a Parks and Recreation Commissioner. Mayor Borgeson introduced Andy Takata the new Parks and Recreation Director. COMMITTEE REPORTSs CITY/SCHOOL COMMITTEE: Councilman Lilley said that minutes have been provided to the Council regarding a meeting that had been held. He reported that discussion had been undertaken as far as Joint cooperation for additional recreational facilities that he felt were productive and holds potential for the City as well as the school district. NORTH COAST TRANSITS Councilman Dexter said that no meeting of North Coast has been held but he was involved in the Central Coast Rapid Transit dealing with the problem of transportation for students at Cuesta. Earlier service for students is needed. Also positive and negative incentives were discussed to get more ridership. A meeting is scheduled for Wednesday, February 15 in San Luis Obispo and will be working on additional areas of transportation. SAN LMS OBISPO AREA COORDINATING COUNCIL: Mayor Borgeson reported that reports are now given to the Councilmembers. She attended the February meeting and they adopted the 1988 update of the regional transportation plan that had been discussed at council 's last meeting. Specifically 1 discussed was the route 101 corridor study identifying deficiencies on Highway 101 and many of the interchanges. It also identified significant funding shortfalls in implementing our plan and also a performance audit contract was awarded. She believes the notice that is sent out regarding the meetings is very important. TRAFFIC COMMITTEE: Councilwoman Mackey reported that there are a couple of items on the agenda tonight. One of them is the four way stop at Atascadero Avenue and Santa Ynez. The other one is no parking beyond the High School on San Marcos. SOLID/HAZARDOUS WASTE MANAGEMENT COMMITTEES Councilwoman Mackey stated there are two separate commissions now. There are two meetings the first Thursday of the month. One at 9 a.m. and the other one at 1:30 p.m. In the hazardous household waste proposal it is hoped that four times a year a special collection can be conducted for household hazardous waste. To do this it is going to take a lot of publicity and money. The collection will have to be hauled to Kettleman and it will cost about $260,000 to do the whole job for a year. The question on how to fund it is going to have to be decided by this committee. They met with the garbage company last week and they will be coming back with some ideas and proposals. The Waste Management Commission met and it was brought out that Atascadero seems to be the only city that does not have mandatory collection. The County is getting into forcing mandatory collection on the urbanized and unincorporated areas. They hope to start with the Los Osos area making it mandatory. The Waste Commission hopes to increase the participation in recycling to 25% of the waste stream within two years. It is now approximately 6%. ECONOMIC OPPORTUNITY COMMISSIONS Councilman Dexter stated that he had attended a three hour orientation session. There will be a meeting on Thursday evening and he will report more at the next council meeting. FINANCE COMMITTEE: Councilman Shiers stated the meeting that was held was covered at the mid-year budget meeting. DOWNTOWN STEERING COMMITTEES Councilwoman Mackey said a meeting was held last week. Everybody who is on the Downtown Steering Committee attended along with several staff people. She believes it is going to be a very good committee and they will meet again on the 21st. COMMUNITY FORUM: John McNeil , 8765 Sierra Vista, stated that we have had many 2 grading violations in the City of Atascadero over the past several years. He said he had listened to the Hoard of Supervisors of the County and they have had the same experience. One of the items on the consent agenda was taken off by Supervisor Blakely that pertained to grading violation. They discussed the problem and their recommendation was to their staff was their ordinance which apparently had not been enforceable should be looked at and revised and brought back to the Board of Supervisors for adoption, an ordinance that would make grading violations subject to be enforced and that the parties would correct their violations. He believes that we have had the same experience here and that council should direct staff to follow this. We could benefit by the County's experience. Mayor Borgeson asked Henry Engen to keep up with what the County Board of Supervisors is doing regarding this matter and give the council an update. Terril Graham, 6205 Conejo Rd. , spoke regarding the police facility and other financing that the city is about to undertake. He read a letter to the editor from the Atascadero News published in 1985. Everything in this letter has either come true or are going to come true in the immediate future. He encourages Council to not take any actions in financing the police facility which will further indebt every citizen of the community. A. CONSENT CALENDARS 1 . January 24, 1989 City Council Minutes 2. January 25, 1989 Joint City Council/Planning Commission Minutes 3. January 31, 1989 City Council Study Session Minutes 4. Award of Bid for Wastewater Treatment Plant Metal Building and Slab to Norton Construction 5. Award of Bid for Dial-A-Ride Contract to Community Transit Services 6. RESOLUTION NO. 8-89 - Establishment of a 4-way Stop intersection, Atascadero Ave. at Santa Ynez 7. RESOLUTION NO. 9-89 b 10-89 - Designating No Parking Zones on Both Sides of Navarette, from San Andrew to 200' Westerly S. Request for Time Extension on Tentative Parcel Map 29-86 9990 E1 Camino Real 9. Acceptance of Final Parcel Map 34-87 - 5450 Santa Fe Road 10. Award of Contract for City Hall Heating, Ventilating 6 Air- Conditioning to R. P. Richards Construction Co. 3 11 . City Manager Absence from March 149 1989 Council Meeting 12. RESOLUTION NO. 11-89 - Adopting Mid-Year Adjustments. to Bud- get Appropriations (1988-89) 13. Adopt Five Year Capital Improvement Plan Dated February 9, 1989. MOTIONa By Councilman Dexter, seconded by Councilwoman Mackey to approve Consent Items A 1-13. Passed unanimously by roll call vote. B. HEARINSS/APPEARANCESs 1. Atascadero Roads - Presentation by Michael Petersen, Counsel for Wells Fargo Jeff Jorgensen, City Attorney, introduced Michael Petersen, Counsel for Wells Fargo Bank. Mr. Petersen discussed the material that was included in the agenda packet. Council discussion followed. Bob Nimmo, 7378 Bella Vista Rd. , stated that any legislation introduced that would absolve the city of liability, but not absolve adjacent property owners would probably never make it through the legislative process. Buz Hinkley, 8400 San Gregorio, asked Council if Wells Fargo Bank does not own the roads, but is only the trustee, then who owns the roads. City Attorney Jorgensen said this is a very complex problem. Wells Fargo has technical legal title to the roadways. Wells Fargo has no interest in asserting any ownership interest in them. Mr. Hinkley added that if there is going to be legislation that would reflect some minimizing or taking away the liability to the City or if a few roads are being considered, he thinks that the considerations should be taken into all of the roads in the City of Atascadero that are not now under City jurisdiction as well as all the liability of all the adjoining property owners. Jeff Jorgensen said he thinks it is going to take a Eonsiderable amount of time and study to resolve. There is a great deal of information that the City needs in order to make an informed decision on this matter. The affect which a transfer might have on the City's insurance, we need a good understanding of what the road conditions are on these 4 roads, some approximation of what Wells Fargo intends to transfer to us. These are things we need to explore if the Council authorizes us to begin preliminary discussions. With respect to legislation he thinks it would be helpful to approach the state legislature if for no other reason they may coae up with reasons why special legislation won't work or they may have other approaches to the problem that may be helpful. He encourages Council to at least begin discussions with our representatives. With that in mind, he recommends that the Council authorizes the staff and the Council road sub-committee to begin preliminary discussions with Wells Fargo. Mayor Borgeson said that will be the direction of the Council . The sub-committee will be Councilman Lilley and herself. 2. APPEAL BY DON MESSER OF DENIAL OF GRADING PERMIT (8805 CAPISTRANO - HOTEL PARK) Mayor Borgeson stated that she had just received a letter from Glen Lewis stating "please be advised that Hotel Park does hereby with draw the appeal scheduled for February 14, 1989." MOTIONS By Councilman Lilley, seconded by Councilman Dexter to accept Hotel Parks withdrawal of their appeal. Passed unanimously. Henry Engen, Community Development Director, stated that Council has a copy of the letter that had been submitted to Mr. Steven Sylvester following several meetings held with the appellant, his attorney and engineer this afternoon. What has occurred is that there was an error on the City's arborist's estimation on the value of the trees which received a lot of publicity. He has since indicated that it should have been *139,000. Subsequently the appellant had a tree consultant come up with a figure of *32,486 as his estimate of the value. The 8 trees which staff felt would be taken as part the grading permit. Based on that change in evaluation and consultation with their arborist as to whether or not they could protect those trees if they went back to the original conditions of the precise plan, the applicant has withdrawn their appeal and proposed to proceed under the original conditions with measures to be taken to protect those 8 trees. Included in the appeal process questioned was condition number 17 of the original precise plan which has been identified in the staff report to council is a "catch 22"condition. It indicates that " the road abandonment (portion of Capistrano remaining after realignment) shall be recorded prior to issuance of permits for phase I. However, they need to get an encroachment 5 permit and grading permits to transfer fill from the site to rebuild the road and move it toward Atascadero Creek in order to most the conditions of precise plan. In the letter to them this afternoon we indicated that the affect of a withdrawal of an appeal would be to put them back to the point they were last December when Mr. Engen denied the grading permit. Regarding the question of condition No. 17 we felt that it was a reasonable approach to initially just offer to dedicate which would be recorded and then go through the processes and then abandon the street relocated on the new alignment. We also note that given the language that is in the condition - in error or not - that we think that should take approval by council that this is a reasonable interpretation of that condition or referral to the Plan Commission to revise it. Council discussion followed. Mr. Steve Sylvester, North Coast Engineering, spoke on behalf of Hotel Park Assoc. The basis of the appeal was the information contained in the Jack Hrazeal report regarding evaluation of the trees which put the project in the position where it was not feasible to even consider bonding for $1.3 million dollars worth of trees. The only option they saw at that point in time was to request additional tree removals because of the economics that were involved. Now that they are aware that there was a 1,000% error in the evaluation of the trees, that changes the whole attitude that they have toward the treatment of the trees at the site. They have worked to be reasonable with staff throughout the entire process of the approval of the precise plan for this project. In doing so they have had their arborist working with the City's arborist trying to come to some conclusions about modifications to the tree protection plan accompanied by the appropriate security to maintain those trees. They are no longer asking for removals of any additional trees. They feel they have a reasonable solution for the benefit of the property owner as well as the city and the concerns that staff has raised. They will continue to work with them on that basis. Condition 17 was included in the appeal by convenience so that it could be worked out at the same time that you discuss the situation with the grading plan. The resolution of condition 17 is very straight forward, in fact they have already come to an agreement as to what the intent of that condition was and they are in a position that they have a condition that they cannot comply with. They must reconstruct the road, they must move the road over before you can abandon it, and in order to do that they have to have permits to do so. The plans for those improvements have all been prepared and submitted through several plan checks. They are awaiting ground breaking as soon as resolution of the tree protection 6 issue is resolved. Regarding treatment of the site grading, they have had lengthy discussions with staff regarding how they treat the site, as far as doing complete site grading, based on their discussions with staff they have submitted complete interim grading plans, temporary sedimentation and erosion control plans and a grading treatment on the areas outside of phase I construction would be compatible should anything happen to this project, should phases II through IV not be completed. They have been through a 2 1/2 month delay, a very costly delay of this project based on the information that was contained in the Brazeal report. They feel that it is the City's obligation to correct the problems with condition 17. It was a staff condition and they have an agreement with staff as to the resolution of that condition. They can hardly tolerate another cycle of planning commission review back to city council review for a condition that was written incorrectly in the first place and one of which we can all understand what the intention is. The project is going to pay for the relocation and reconstruction of Capistrano. The project is going to build the approach to Lewis Avenue Bridge and rebuild several portions of South Mall extension. They are trying to move ahead with the project and can not do that without the appropriate permits and the resolution of that condition. Council discussion followed. Joseph Grisanti, said he felt it was unconstitutional to put these values on the trees. This is throwing our money away and he feels that issues coming before Council should be looked at. The bonding of oak trees is ridiculous. Consensus of the Council was to have staff bring back a report on Condition e17 at the next council meeting. MAYOR BORGESON ASKED FOR A 10 MINUTE RECESS AT 8:35. MEETING RECONVENED AT 8x45 P.M. C. UNFINISHED BUSINESSo 1 . ANTI-LOITERING ORDINANCE - PROPOSAL A. Ordinance No. 189 - Adding Chapter 6 to Title 5 of the Atascadero Municipal Code relating to loitering by minors during certain hours Council comments followed. Doug Lewis spoke at the last meeting in opposition to the ordinance regretting that this type of measure was the first effort made to solve the problems. He had hoped to make a recommendation to the council regarding 7 a state-wide program that is being put into place. It is under the task force to establish self esteem and personal responsibility and social responsibility. He had made a number of calls since the last hearing but was unable to get enough of the local task force to function at this level because they are only making their first meeting tomorrow morning, which is regrettable and the state level people are trying to let the county task forces function first so his efforts to have a recommendation for council as to an alternative cannot be done at this time. He regrets that Council is making this ordinance a law. Betsy Outland spoke in favor of this anti-loitering law if the Police Department will enforce it as they are supposed to. Larry Walsh stated he believed 11 is a reasonable hour on a week day, but 11 on the weekend may not be reasonable. He still thinks more money should be put into recreation as far as these young people are concerned. Jerry Clay said he is concerned about the weekend hour of 11 being too early. He _asked Chief McHale if a teenager was going from one place to another would he be stopped. Chief McHale responded that police officers are not mind readers, they are first going to have to inquire of the young person as to what that person is doing. If it appears that it is a legitimate activity, then the person will be allowed to go on his/her way. If a young person is waiting for a ride from parents in front of the theatre there is nothing wrong with that. Discretion must be exercised by our police officers just as it is in all criminal investigations or field interviews. Mr. Clay asked in regard to a moving vehicle are the police just going to pull over a vehicle? How are you going to handle that? Chief McHale answered that would depend on the number of times the young person was seen circulating. If an officer was in a particular location and observed the same driver make a few passes then there is a good opportunity depending upon priorities during the shift, that the person might be stopped and at least questioned. They might be asked "where are you going, where have you been, and how soon do you think you are going to get home"? MOTIONS Made by Councilman Lilley, seconded by Councilwoman Mackey to adopt Ordinance No. 189 and review this ordinance in b months. Passed unanimously by roll call vote. 2. General Plan Amendment 1B-89 Zone Change 1-89 - 5575 Capistrano/5505 E1 Camino Real/9801 West Front Road A. Ordinance No. 187 - Amending Maps b & 19 of the Official Zoning Maps by rezoning certain real properties from their current designations to "P" (Public) (ZC 1-89: City of Atascadero) Staff report was given by Henry Engen, Community Development Director. There was no public comment. MOTION: Made by Councilwoman Mackey, seconded by Councilman Shiers, for adoption of Ordinance No. 187. Passed unanimously by roll call voted. 3. Request for Partial Abandonment - Sewer Easement (Century Plaza - Resolution No. 7-89 Staff report was given by Paul Sensibaugh, Public Works Director. There was no public comment. MOTION: Made by Councilman Shiers, seconded by Councilman Dexter, to adopt Resolution 7-89. Passed unanimously by roll call vote. 4. Adoption of Changes to Ordinances #135, the City's "Emergency Organization Ordinance" A. Ordinance No. 190 - Amending Chapter 4 of Title 4 of the Atascadero Municipal Code relating to Emergency Organizations and Functions. There were no public or council comments. MOTIONS Made by Councilwoman Mackey, seconded by Councilman Lilley to adopt Ordinance No. 190. Passed unanimously by roll call vote. D. NEW BUSINESS 1 . State Hospital Annexation Henry Engen, Community Development Director gave the staff report. 9 Consensus of the Council was to request staff analysis of pros and cons including the costs, policing* impacts, etc. E. INDIVIDUAL DETERMINATION/AND OR ACTIONm 1. City Council Councilwoman Mackey asked that when people write to the council , could they please include their addresses and/or phone numbers so Council may respond. Mayor Borgeson asked about the possibility of having sound absorbing material installed near the rear doors. MEETING WAS ADJOURNED AT 9:17 P.M. MINUTES RECORDED BYs BOYD C. SHARITZ, CITY CLERK PREPARED BY: GEORGIA RAMIREZ, DEPUTY CITY CLERK 10 NtEET1 A�EN� L �Z CITY OF ATASCADERO SCHEDULE OF CASH RECEIPTS AND TRANSFERS IN TREASURER' S REPORT FOR THE MONTH OF JANUARY, 1989 � CASH RECEIPTS. Taxes : Property Taxes 76 ,306.44 Sales Tax 101,400.00 Motor Vehicle In-Lieu 61,367. 02 Cigarette Tax 5,067.53 Occupancy Tax 121813. 35 Homeowner' s Relief 6 ,673. 86 Development Impact Tax 9 ,114. 00 Miscellaneous Taxes 32. 76 Sanitation Fees 16 ,434. 39 Licenses/Permits/Fees 1161115.59 Franchise Fee 3,921.06 Fines/Penalties/Overages 1,104. 32 Investment Earnings 107,727.58 P.O.S.T. Reimbursement 4 ,335. 71 Off-Highway Vehicles 124.30 Sales-Maps/Publications/Reports 464. 00 Weed Abatement 564.00 Police Services 427.00 Parks and Recreation Fees 11,715.06 Gas Tax 24,925.12 Traffic Safety 71545. 74 Local Transportation 91,462. 95 Development Fees 97,604.00 Zoo Reserve 70.00 Street Assessments 22 ,542.12 Zoo Receipts 4,272.51 Amapoa-Tecorida 2 ,007. 32 Miscellaneous 3 , 159. 39 TOTAL CASH RECEIPTS 789,297.12 FUND TRANSFERS IN: Sanitation Fund Reimbursement 55,196.02 OTHER CASH RECEIPTS: Bail/Refundable Bonds 2 ,215.00 Reimbursement to Expense 2 ,736. 31 Refunds 577. 00 TOTAL OTHER CASH RECEIPTS 5 ,528. 31 CITY OF ATASCADERO CASH ACTIVITY SUMMARY TREASURER' S REPORT FOR THE MONTH OF JANUARY, 1989 BEGINNING CASH RESOURCES 3,724 ,946.28 ADD: SANITATION BEG. CASH RESOURCES 2 ,705 ,295.15 RECEIPTS 794 ,825.43 FUND TRANSFERS 55 ,196.02 LESS: DISBURSEMENTS 515 ,115.21 FUND TRANSFERS 55,196.02 ENDING CASH RESOURCES 6 ,709,951.65 SCHEDULE OF CASH RESOURCES Int. Due AS OF JANUARY 31, 1989 Rate Date Checking Accounts: Mid-State Bank-City 94 ,535.53 Mid-State Bank-Sanit. 24,165.01 Certificates of Deposit: Butterfield Savings-City 99,000.00 9.13 03/07/89 First Cal Savings-City 99 ,000.00 8. 90 05/16/89 Other Investments : Local Agcy Inv Fund-City 2,735 ,000.00 8.70 N/A Local Agcy Inv Fund-Sanit 2 ,700,000.00 8. 70 N/A Fed Home Loan Bank Discount Note-City 957,711.00 9.15 06/21/89 Other Cash Resources : Petty Cash-City 540. 00 TOTAL CASH RESOURCES 6 ,709,951.65 GERE SIBBACH City Treasurer ME£f1yy AGENDA DA7E.G ITEM CITY OF ATASCADERO • SCHEDULE OF DISBURSEMENTS FINANCE DIRECTOR' S REPORT FOR THE MONTH OF JANUARY, 1989 DISBURSEMENTS Hand Warrant Register for January, 1989 2.,893.24 01/06/89 Accounts Payable Warrants 131,624.37 01/13/89 Accounts Payable Warrants 68,551. 79 01/20/89 Accounts Payable Warrants 79 ,309.42 01/27/89 Accounts Payable Warrants 35 ,234.19 Service Charge-Mastercard/Visa (1.45) 01/31/89 Wire Transfers 460,000. 00 01/04/89 Payroll Checks 44801-44943 101,085.33 01/18/89 Payroll Checks 44944-45073 97,280. 76 Total 975,977.65 LESS: Voided Check #44123 405. 32 Voided Check #44008 196.00 Voided Check #44407 247. 90 Voided Check #44468 13.22 Total Disbursements 975 ,115.21 I, MARK A. JOSEPH, do hereby certify and declare that demands enumerated and referred to in the foregoing register are accurate and just claims against the City and that there are funds avail- able for payment thereof in the City Treasury. The breakdown detail on all accounts is available for your viewing in the Finance office. This month' s report includes Sanitation revenues and expenditures and will continue to do so in the future. MARK A. JOS H Administrative Services Director MEMORANDUM TO: City Council THROUGH: Ray Windsor . City Manager FROM: Paul Sensibaugh . Director of Public Works SUBJECT: Transit-Contract DATE: February 22 . 1989 Recommendation : Staff recommends that Council approve the attached agreement between the City of Atascadero and Community Transit Services for Dial-A-Ride services . Background: At the last regular Council meeting the contract for transportation services was awarded to the current provider, Community Transit Services . Fiscal Impact : The first year savings on this three-vear contract will be approximately $30, 000. 0 TRANSIT OFF.RATIONS AGREEMENT This AGREEMENT is made this day of 1989 by and between the City of Atascadero, hereinafter referred to as "City'' and Community Transit Services , Inc . hereinafter referred to as "Contractor . _ WITNESSETH WHEREAS, on December 13, 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 January 13 , 1988 responsive to the RFP to provide such services in the method and manner and the coats 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 $ 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 Aareement Ca) Initial Term! The initial term of this agreement shall be from March 1 , 1989 through and including February 29, 1992. (b) Extension Options % Upon completion of the initial term, Atascadero, at its sole discretion, may extend the term of this agreement on a multiple year , year to year, multiple month or month to month basis , provided that., changes in the terms and conditions of the extension are mutually agreed upon by both parties , not to exceed two (2) additional years . t 3. Scope of Work. CONTRACTOR will provide the services to be rendered asset 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 $149,233 during the first year, $155 , 695 during the second year ; and $162 ,395 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 $6.755 in the first year ; $7.492 in the second year; and $7,447 in the third year . 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 $7933, 00 in the first year; $8246.42 in the second year ; and $8568.42 in the third year. . 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 wages ; 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. 2 (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 tor 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 reguired under this acrreement 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 , bilis , 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. Pavment of invoices will be made on a monthly basis . It 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 portion$ . 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; Accounts Receivable Community Transit Services , Inc . P.O. Box 127 Fairfield, CA 94533 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 chance 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 recrular hourly rate as defined in the "Price Formula" and billed separately from the contract. 10. Contr ul (a) All services to be rendered by CONTRACTOR under this agreement shall be subiect 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. 4 11 . M nav ent During a em g 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 logo 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 prcgrams under the jurisdiction of the City . 16 , Disputes , (a) Any controversy or claim &ri.,sing out of or relating to the provisions of this ac rreernent 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 any court having jurisdiction thereof . The s 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. (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 minimise costs to the City . 18 . Termination . At any time, and without cause, the City shall have the right , in its sole discretion, to terminate this agreement by giving sixty Cb U) 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 CONTR.ACTuR 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 go 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. Chanaes . 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. •r 6 0 0 21 . Modification of Agreement . This writing 0 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. 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 Contractors Contract Administrator Community Transit Services 1450 East 17th Street , #100 Santa Ana CA 92701 Copy To: Community Transit Services Inc . District Manager 1705 Enterprize Drive Fairfield, CA 94533 If to City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 % Director of Public Workt 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 of CONTRACTOR. Retorts 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 . CONTRACTUk 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 ; 7 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 , 26. Emergency Procedures . In 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 l*ormula" 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 San Luis Obispo 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, S 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. 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, sax , 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 riot be limited to, the following: employment , upgrading, demotion or transfer, recruitment or recruitment advertising, layoff 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 subcotracts for standard commercial supplies or raw materials . (b) CONTRACTOR shall also comply with the requi,rementE 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 Calitornia 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 (SSUU,UUU. UO) 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 policy in the amount of TEN 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 (S500,0U0.00) combined single limit bodily injury and property damage. Coverage will also include collision with a Ten Thousand Dollar ($10 , 000.00) deductble, and comprehensive coverage with a Ten Thousand Dollar ($10, 000 .00) deductible. 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 . '6 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 otherwise be 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 , accents , and employees may sustain or incur , or which may be imposed upon them for any negligence by CONTRACTOR,OR, 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 theft up to the amount of TEN THOUSAND DOLLARS (SIO.UUU. UU) 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 CM 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 , 1l (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 the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 RSC Section 6321 et seq.) 38, Interest 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 agreement term, shall have any interest , direct or indirect , in this contract or the proceeds thereof . 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 Acrency regulations (4U 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 (EN0329) , 41 , Debarred Bidders , The CONTRACTOR, including any Of its officers or holders of a controllinct 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 • i 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 wades 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. { Cc> 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 un 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 . i BONITA BORGESON Mayor APPROVED AS TO FORM: JEFFREY G, JORGENSEN City Attorney CONTRACTOR SIGNAT `S : COMMUNITY TRANSIT SERVICES, INC. on President Ra E.4. authier, Contract Admin. N E AND TITLE NAME AND TITLE ME;r GENDA gU,�' Z;A rTEM I M E M 0 R A N D U M To : City Council Through: Ray Windsor , City Manager From: Mark Joseph , Director of Admin. Services Date: February 16, 1989 Subject : Sick Leave Bank Policy BACKGROUND During the last negotiations several bargaining units requested a sick leave bank . Council was advised and in turn, directed staff to enter into an agreement to establish a sick leave bank for use by all City employees. A sick leave bank committee was established to put together a policy on the use of extended sick leave. RECOMMENDATION Staff recommends Council adopt the attached policy for the Extended Sick Leave Compensation Committee. EXTENDED SICK LEAVE COMPENSATION COMMITTEE COMMITTEE MEMBERS One Councilmember, the Personnel Officer , One Department Head*, One Mid-Management Professional Employee, and One Regular Employee selected by the remaining Bargaining Units. This is the only member that will serve on a rotational basis. The Department Head will be from the department of the employee requesting. time from the Extended Sick Leave Bank. PURPOSE The Extended Sick Leave Compensation Committee has been established to review requests for .extended sick leave compensation" and to allocate compensation from the Extended Sick Leave Bank . It is the employee's responsibility to accumulate and maintain as high a sick leave balance as possible, precisely for the very reasons this Bank was established . Thus, the purpose of this program is to assist an employee during an extended illness or injury that could not otherwise be reasonably provided for by that employee ' s total leave balance. ELIGIBILITY All regular City employees who have accrued forty (40) or more hours of sick leave at the time of the request for extended sick leave compensation, or employees who are recommended by their Department Head, shall be eligible. CRITERIA 1 . An employee may utilize "extended sick leave compensation" only after all of the employee ' s authorized leave accounts have been exhausted. 2. An employee may utilize "extended sick leave compensation" for leave necessitated by a major illness, surgery, or other catastrophic event deemed appropriate by the Committee. Routine maternity/paternity leaves are not considered catastrophic in and of themselves. 3. All requests for use of "extended sick leave compensation" must be submitted on an appropriate form as approved by the Committee, through the employee ' s Department Head . ' 4^ Each request for use of "extended sick leave compensation" will be considered independently based upon the merits of each situation. Decisions will be made by simple majority of the Committee. At least four (4) members must be present � to conduct business. � EXTENDED SICK LEAVE BANK 1 . The net available sick leave of employees who terminate employment with the City of Atascadero shall be credited to the Extended Sick Leave Bank , up to a one-time limit of 2,080 hours. 2. Current employees may donate accrued sick leave hours, up to a maximum of twelve ( 12) days per year , to the Extended Sick Leave Bank , The value of the hours will be based on their usage and hot based on who donated them. PROGRAM EVALUATION A six month evaluation of this program will be conducted by a committee consisting of the Administrative Services Directprr, the Fire Chief and representatives from Mid- Management and Personnel . h\sickbank MEETNV AGENDA DA 3lTEM, M E M O R A N D U M DATE: February 22, 1989 TO: Ray Windsor , City Manager FROM: Andy Takata, Parks and Recreation Director SUBJECT: H9MME RUN FENC€PROPOSAL N PALOMA CREEK PARK YOUTH FIELD _#3 BACKGROUND: The Atascadero Little League is requesting that they be allowed to purchase and install a home run fence on Youth Field 3 at Paloma Creek Park ANALYSIS/DISCUSSION: The Little League Advisory Group believes that installing a home run fence at Paloma Field 3 would allow the organization to compete for a variety of Little League Tournaments and special regional play activities. A home run fence would also give children involved in the program a goal of hitting the ball over the fence. In addition, the permanent fence could provide a fund raising mechanism for the League League by soliciting fence advertisement from local businesses. These funds, divided between the organization and the City, would help with further improvements at Paloma Creek Park . At the present time, the (Waster Plan for Paloma Creek Park , Phase 2, does not call for a fence to be installed on Field 3. The irrigation system was designed and installed with the intent of multi-use for that section of the park. Its pi.irpo=R was to Create a large multi-use green belt that would allow open space for the picnic area, tot lot , sand lot , volleyball pits , soccer field , horseshoe arena, and basketball court . OPTIONS: OPTION 1 : Adhere to the existing Master Plan and not install a home run fence and maintain the multi-use nature of that portion of the park . Advantage: To maintain a green belt , open space effect in that portion of the park . To maintain the multi-use concept, connecting all resources of the park without fences or barriers. Current grounds maintenance and field preparation schedules would not be effected by the installation of a fence. Disadvantage: Without a fence, it would be difficult to attract District and Regional Tournaments. It would also prevent a fund raising mechanism for the little League. OPTION 2• Redesign the Master Plan of Paloma Creek Park to shotm a youth field complex including a fence and the redesign and installation of the irrigation system. Advantage: A fence would allow Little League a higher quality field. There is a greater possibility of hosting a tournament with a fence. This could provide additional revenues for the League. Disadvantage: Eliminates the multi-use concept . Creates a one dimension field. OPT IDN 3• Install portable fencing that would meet the requirements of National Little League, which would allow local organizations to conduct the types of activities that promote their program. The fencing would only be in place during the month=_ of their activity and would not effect the multi-use concept of the park . No design changes would be required in the Master Pian or the irrigation system. Ad_vantaoe: No design changes required in the blaster Plan and irrigation system. Little League would be able to host District and Regional Tournaments. Maintains the mtalti-LJse concept . -r Disadvantage: The cost of portable fencing is much higher . It does not provide a higher quality of ball field that is needed for tournament play. It would prevent additional funding_ mechanism. FISCAL: The fencing costs and installation would be incurred by the Little League Organization. Staff does not have estimates as to costs for temporary or permanent fencing . Option 1 : Without the fence, the Atascadero Little League cannot raise funds which would help the oDeratioo of the Little League and could provide improvements at Paloma Creek Park . gption 2: A permanent fence would include a concrete mow strip the length of the fence line, a warning track on the field side of the fence and a grounds maintenance area on the outside of the fence. Fund raising mechanism for the Atascadero l itt]e league , which has indicated that they would help with improvements at Paloma Creek Park. Optionl3: The cost of purchasing a portable fence and revenues lost if the Atascadero Little League cannot solicit sign advertisements to sponsors. The Parks and Recreation Commission felt that it was important to maintain a good quality Little League, and a permanent fence that could provide advertising and allow tournament play . LEGAL CONSIDERATION: No apparent consideration necessary' RECOMMENDATIONn � Therefore, it is recommend that the City Council : 1 . permit the Atascadero Little League to conStruct a permanent chain link fence on Field 3 of Paloma Creek Park and work with staff regarding the restructure of the irrigation system. 2. ` Direct staff to amend the Paloma Creek Park Master Flan to indicate a chain link fence on Field 3. AJT: kv File Paloma1 I DATT' ITEM# A "7 fasx&rockonger�f camfflrce 6550 EL CAMINO REAL ATASCADERO, CALIFORNIA 93422 TELEPHONE: (805) 466-2044 9 February 1989 TO: RAY WINDSOR City Manager FROM: MAGGIE RICE Exec. Manager SUBJECT: "ANNUAL SPRING CLEANUP/BEAUTIFICATION DAY" The date for the Annual Spring Cleanup and Beautification Day has been set for Saturday, April 22, 1989. As co-chairman of the event for the past several years , I am pleased to hear that there is continued interest from the city for this worthwhile project. I will schedule a planning session to further coordinate the event around the middle of March and will issue the appropriate press releases as needed. mr/fm f �AGENE3A DATE,6�� {TEM� �....,._ MEMORANDUM DATE : March 14, 1989 TO : City Council VIA : Ray Windsor, City Manager Henry Engen, Community Development Director Paul Sensibaugh, Public Works Director FROM : Joel Moses, Associate Planner SUBJECT : REQUEST TO INITIATE FLOOD DAMAGE PREVENTION ORDINANCE BACKGROUND: The National Flood Insurance Program (NFIP) regulations have changed. As a part of the change all Cities must update and revise their Ordinances dealing with flood protection. The regulations are tied to the Flood Rate and Flood Boundaries maps published by the Federal Emergency Management Agency (FEMA) . These maps set the areas and type of insurance requirements. The corresponding required ordinance sets standards for the development in those areas designated. FEMA has contracted with the State Department of Water Resources to review proposed ordinances for compliance to the Federal regulations. As a part of the revision to the Federal regulations a model ordnance was provided. Procedures require that the Ordinance first be reviewed by the State and then forwarded to FEMA after adoption by the City. The City has had a Flood Overlay Ordinance since 1983 contained within the Zoning Ordinance. After reviewing the existing ordinance with the State Department of Water Resources it was determined due to future revisions of Federal regulations that a separate ordinance should be adopted. The existing Zoning Ordinance would not be revised at this time due to the Amapoa-Tecorida Area not being covered by the FEMA Maps and future ordinances revisions planned to the Zoning Ordinance. The adoption of the proposed Ordinance will continue to make residents of the City eligible for the National Flood Insurance program. If an ordinance is not adopted the City' s eligibility Flood Insurance would be cancelled. This cancelation would make some areas of the City ineligibly for Federally backed residential and commercial loans. r 1 RECOWUNDATION: That the City Council initiate a proposed addition to the City' s Municipal Code of a Flood Damage Prevention Ordinance. Staff recommends that the proposed ordinance be treated like a zone change. A Public Hearing would be held by the Planning Commission prior to the City Council Hearing. Staff has attached a draft copy of a proposed Ordinance that has been reviewed by the City Staff and State of California and has been found to comply with Federal regulations. Copies of the most current Flood Boundaries and Flood Rate Maps are available in the Community Development Department. JM/jm Attachments: Draft Flood Damage Prevention Ordinance (Title 7 Chapter 2) cc: Jeff Jorgensen, City Attorney 2 ATASCADERO MUNICIPAL CODE 1 TITLE 7 - CHAPTER 2 2 FLOOD DAMAGE PREVENTION ORDINANCE 3 DRAFT 4 5 6 SEC. 7-2.100 - FLOOD DAMAGE PREVENTION 7 8 This Ordinance is enacted to protect the health, safety and 9 welfare of the citizens of Atascadero and their property and to 10 meet the requirements of state and federal legislation. 11 12 SEC. 7-2.101 STATUTORY AUTHORIZATION. 13 14 The Legislature of the State of California has in Government Code 15 Sections 65302, 65560 and 65800 conferred upon local government 16 units authority to adopt regulations designed to promote the 17 public health, safety, and general welfare of its citizenry. 18 Therefore, the City Council of the City of Atascadero does ordain 19 as follows: 20 21 SEC. 7-2.102 - FINDING OF FACT 22 23 A. The flood hazard areas of the City of Atascadero are subject 24 to periodic inundation which results in loss of life and 25 property, health and safety hazards, disruption of commerce 26 and governmental services, extraordinary public expenditures 27 for flood protection and relief, and impairment of the tax 28 base, all of which adversely affect the public health, 29 safety and general welfare. 30 31 B. These flood losses are caused by the cumulative effect of 32 obstructions in areas of special flood hazards which - 33 increase flood heights and velocities, and when inadequately 34 anchored, damage uses in other areas. Uses that are 35 inadequately flood-proofed, elevated or otherwise protected 36 from flood damage also contribute to the flood loss. 37 38 SEC. 7-2.103 - STATEMENT OF PURPOSE 39 40 It is the purpose of this ordinance to promote the public health, 41 safety, and general welfare, and to minimize public and private 42 losses due to flood conditions in specific areas by provisions 43 designed: 44 45 A. To protect human life and health; 46 47 B. To minimize expenditure of public money for costly flood 48 control projects; 49 50 51 -, 1 0 0 1 C. To minimize the need for rescue and relief efforts associa- 2 ted with flooding and generally undertaken at the expense of 3 the general public; 4 5 D. To minimize prolonged business interruptions; 6 7 E. To minimize damage to public facilities and utilities such 8 as water and gas mains, electric, telephone and sewer lines, 9 streets and bridges located in areas of special flood hazard 10 11 F. To help maintain a stable tax base by providing for the 12 second use and development of areas of special flood hazard 13 so as to minimize future flood blight areas; 14 15 G. To insure that potential buyers are notified that property 16 is in an area of special flood hazard; and 17 18 H. To insure that those who occupy the areas of special flood 19 hazard assume responsibility for their actions. 20 21 SEC. 7-2.104 - METHODS OF REDUCING FLOOD LOSSES 22 23 In order to accomplish its purposes, this ordinance includes 24 methods and provisions for: 25 26 A. Restricting or prohibiting uses which are dangerous to 27 health, safety, and property due to water or erosion 28 hazards, or which result in damaging increases in erosion or 29 flood heights or velocities; 30 31 B. Requiring that uses vulnerable to floods, including 32 facilities which serve such uses, be protected against flood 33 damage at the time of initial construction; 34 35 C. Controlling the alterations of natural floodplains, stream 36 channels, and natural protective barriers, which help 37 accommodate or channel flood waters; 38 39 D. Controlling filling, grading, dredging, and other develop- 40 ment which may increase flood damage; and 41 42 E. Preventing or regulating the construction of flood barriers 43 which will unnaturally divert flood waters or which may 44 increase flood hazards in other areas. 45 46 SEC. 7-2.200 - DEFINITIONS 47 48 Unless specifically defined below, words or phrases used in this 49 ordinance shall be interpreted so as to give them the meaning 50 they have in common usage and to give this ordinance its most 51 reasonable application. 52 2 s s 1 "Appeal' means a review of the Floodplain Administrator's inter- 2 pretation of any provision of this ordinance or a request for 3 standards modification. 4 5 "Area of shallow flooding" means a designated AO, or AH zone on 6 the Flood Insurance Rate Map (FIRM) . The base flood depths range 7 from one to three feet; a clearly defined channel does not exist; 8 the path of flooding is unpredictable and indeterminate; and 9 velocity flow may be evident. 10 11 "Area of special flood-related erosion hazard" is the area 12 subject to severe flood-related erosion losses. The area is 13 designated as Zone E on the Flood Insurance Rate Map (FIRM) . 14 15 "Area of special flood hazard" - See "special flood hazard area". 16 17 'Base flood" means the flood having a one percent chance of being 18 equalled or exceeded in any given year (also called the "100-year 19 flood") . 20 21 "Basement" means any area of the building having its: floor sub- 22 grade (below ground level) on all sides. 23 24 'Breakaway walls" are any type of walls, whether solid or 25 lattice, and whether constructed of concrete, masonry, wood, 26 metal, plastic or any other suitable building material which is � 27 not part of the structural support of the building and which is 28 designed to break away under abnormally high tides or wave action 29 without causing any damage to the structural integrity of the 30 building on which they are used or any buildings to which they 31 might be carried by flood waters. A breakaway wall shall have a 32 safe design loading resistance of not less than ten and no more 33 than twenty pounds per square foot. Use of breakaway walls must 34 be certified by a registered engineer or architect and shall meet 35 the following conditions: 36 37 1. Breakaway wall collapse shall result from a water load 38 less than that which would occur during the base flood; 39 and 40 41 2. The elevated portion of the building shall not incur 42 any structural damage due to the effects of wind and 43 water loads acting simultaneously in the event of the 44 base flood. 45 46 "Development" means any man-made change to improved or unimproved 47 real estate, including but not limited to buildings or other 48 structures, mining, dredging, filling, grading, paving, 49 excavation or drilling operations. 50 51 r �52 3 1 "Flood or flooding" means a general and temporary condition of 2 partial or complete inundation of normally dry land areas from 3 (1) the overflow of flood waters, (2) the unusual and rapid 4 accumulation or runoff of surface waters from any source, and/or 5 (3) the collapse or subsidence of land along the shore of a lake 6 or other body of water as a result of erosion or undermining 7 caused by waves or currents of water exceeding anticipated 8 cyclical levels or suddenly caused by an unusually high water 9 level in a natural body of water, accompanied by a severe storm, 10 or by an unanticipated force of nature, such as flash flood or an 11 abnormal tidal surge, or by some similarly unusual and 12 unforeseeable event which results in flooding as defined in this 13 definition. 14 15 "Flood Boundary and Floodway Map" means the official map on which 16 the Federal Emergency Management Agency or Federal Insurance 17 Administration has delineated both the areas of flood hazard and 18 the floodway. 19 20 "Flood Insurance Rate Map (FIRM) ' means the official map on which 21 the Federal Emergency Management Agency or Federal Insurance 22 Administration has delineated both the areas of special flood 23 hazards and the risk premium zones applicable to the community. 24 25 "Flood Insurance Study" means the official report provided by the 26 Federal Insurance Administration that includes flood profiles, 27 the FIRM, the Flood Boundary and Floodway Map, and the water 28 surface elevation of the base flood. 29 30 "Floodplain or flood-prone area" means any land area susceptible 31 to being inundated by water from any source (see definition of 32 "flooding") . 33 34 "Floodplain management" means the operation of an overall program 35 of corrective and preventive measures for reducing flood damage, 36 including but not limited to emergency preparedness plans, flood 37 control works and floodplain management regulations. 38 39 'Floodplain management regulations' means zoning ordinances, sub- 40 division regulations, building codes, health regulations, special 41 purpose ordinances (such as floodplain ordinance, grading 42 ordinance and erosion control ordinance) and other application of 43 police power. The term describes such state or local regulations 44 in any combination thereof, which provide standards for the pur- 45 pose of flood damage prevention and reduction. 46 47 "Floodproofing' means any combination of structural and nonstruc- 48 tural additions, changes, or adjustments to structures which 49 reduce or eliminate flood damage to real estate or improved real 50 property, water and sanitary facilities, structures and their 51 contents. 52 4 0 • 1 "Floodway" means the channel of a river or other watercourse and 2 the adjacent land areas that must be reserved in order to 3 discharge the base flood without cumulatively increasing the 4 water surface elevation more than one foot. Also referred to as 5 "Regulatory floodway" . 6 7 "Functionally dependent use" means a use which cannot perform its 8 intended purpose unless it is located or carried out in close 9 proximity to water. The term includes only docking facilities, 10 port facilities that are necessary for the loading and unloading 11 of cargo or passengers, and ship building and ship repair facil- 12 ities, but does not include long-term storage or related manufac- 13 turing facilities. 14 15 "Highest adjacent grade" means the highest natural elevation of 16 the ground surface prior to construction next to the proposed 17 walls of a structure. 18 19 "Lowest floor" means the lowest floor of the lowest enclosed area 20 (including basement) . An unfinished or flood resistant 21 enclosure, usable solely for parking of vehicles, building access 22 or storage in an area other than a basement area is not 23 considered a building' s lowest floor; provided, that such 24 enclosure is not built so as to render the structure in violation 25 of the applicable non-elevation design requirements of this 26 ordinance. 27 28 "Manufactured home' means a structure, transportable in one or 29 more sections, which is built on a permanent chassis and is 30 designed for use with or without a permanent foundation when 31 connected to the required utilities. For floodplain management 32 purposes, the term "manufactured home" also includes park 33 trailers, travel trailers and other similar vehicles placed on a 34 site for greater than 180 consecutive days. 35 36 "Manufactured home park or subdivision" means a parcel (or con- 37 tiguous parcels) of land divided into two or more manufactured 38 home lots for sale or rent. 39 40 "Mean sea level" means, for purposes of the National Flood 41 Insurance Program, the National Geodetic Vertical Datum (NGVD) of 42 1929 or other datum, to which base flood elevations shown on a 43 community's Flood Insurance Rate Map are referenced. 44 45 "New Construction" means, for floodplain management purposes, 46 structures for which the "start of construction" commenced on or 47 after the effective date of a floodplain management regulation 48 adopted by this community. 49 50 51 52 5 1 "One hundred year flood' or "100-Year flood" means a flood which 2 has a one percent annual probability of being equalled or 3 exceeded. It is identical to the "base flood" , which will be the 4 term used throughout this ordinance. 5 6 "Person" means an individual or his agent, firm, partnership, 7 association or corporation, or agent of the aforementioned 8 groups, or this state or its agencies or political subdivisions. 9 10 "Remedy a violation" means to bring the structure or other devel- 11 opment into compliance with State or local floodplain management 12 regulations, or, if this is not possible, to reduce the impacts 13 of its noncompliance. Ways that impacts may be reduced include 14 protecting the structure or other affected development from flood 15 damages, implementing the enforcement provisions of the ordinance 16 or otherwise deterring future similar violations, or reducing 17 Federal financial exposure with regard to the structure or other 18 development. 19 20 "Riverine' means relating to, formed by, or resembling a river 21 (including tributaries) , stream, brook, etc. 22 23 "Special flood hazard area (SPHA) " means an area having special 24 flood or flood-related erosion hazards, and shown on a FHBM or 25 FIRM as Zone A, A0, Al-30, AE, A99, or AH. 26 27 "Start of Construction" includes substantial improvement, and 28 means the date the building permit was issued, provided the 29 actual start of construction, repair, reconstruction, placement, 30 or other improvement was within 180 days of the permit date. The 31 actual start means either the first placement of permanent 32 construction of a structure on a site, such as the pouring of 33 slab or footings, the installation of piles, the construction of 34 columns, or any work beyond the stage of excavation; or the 35 placement of a manufactured home on a foundation. Permanent 36 construction does not include land preparation, such as clearing, 37 grading and filling; nor does it include the installation of 38 streets and/or walkways; nor does it include excavation for a 39 basement, footings, piers, or foundations or the erection of 40 temporary forms; nor does it include the installation on the 41 property of accessory buildings, such as garages or sheds not 42 occupied as dwelling units or not part of the main structure. 43 44 "Structure" means a walled and roofed building, including a gas 45 or liquid storage tank, that is principally above ground, as well 46 as a manufactured home. 47 48 "Substantial improvement' means any repair, reconstruction, or 49 improvement of a structure, the cost of which equals or exceeds 50 50 percent of the market value of the structure either: 51 52 6 0 • 1 1. before the improvement or repair is started; or 2 3 2. if the structure has been damaged, and is being 4 restored, before the damage occurred. 5 6 For the purposes of this definition "substantial improvement" -- s 7 considered to occur when the first alteration of any wall, 8 ceiling, floor, or other structural part of the building 9 commences, whether or not that alteration affects the external 10 dimensions of the structure. The term does not, however, include 11 either: 12 13 1. any project for improvement of a structure to comply 14 with existing state or local health, sanitary, or 15 safety code specifications which are solely necessary 16 to assure safe living conditions; or 17 18 2. any alteration of a structure listed on the National 19 Register of Historic Places or a State Inventory of 20 Historic Places. 21 22 23 'Standards Modification' means a grant of relief from the 24 requirements of this ordinance which permits construction in a 25 manner that would otherwise be prohibited by this ordinance. 26 027 'Violation' means the failure of a structure or other development 28 to be fully compliant with the community's floodplain management 29 regulations. A structure or other development without the 30 elevation certificate, other certifications, or other evidence of 31 compliance required in this ordinance is presumed to be in 32 violation until such time as that documentation is provided. 33 34 SEC 7-2.301 - LANDS TO WHICH THIS ORDINANCE APPLIES 35 36 This ordinance shall apply to all areas of special flood 37 hazards, areas of flood-related erosion hazards within the 38 jurisdiction of the City of Atascadero. 39 40 SEC. 7-2.302 - BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD 41 HAZARD 42 43 The areas of special flood hazard, areas of flood-related 44 erosion hazards identified by the Federal Emergency Management 45 Agency or the Federal Insurance Administration in a scientific 46 and engineering report entitled "Flood Insurance Study for City 47 of Atascadero"" latest edition, with an accompanying Flood 48 Insurance Rate Map is hereby adopted by reference and declared to 49 be a part of this ordinance. This Flood Insurance Study is on 50 file at 6500 Palma Avenue. This Flood Insurance Study is the 51 minim4m area of applicability of this ordinance and may be �52 supplemented by studies for other areas which allow 7 0 • 1 implementation of this ordinance and which are recommended to the 2 Atascadero City Council by the Floodplain Administrator. 3 4 SEC. 7-2.303 - COMPLIANCE. 5 6 No structure or land shall hereafter be constructed, located, 7 extended, converted, or altered without full compliance with the 8 terms of this ordinance and other applicable regulations. 9 Violations of the provisions of this ordinance by failure to 10 comply with any of its requirements (including viola- 11 tions of conditions and safeguards established in connection with 12 conditions) shall constitute a misdemeanor. Nothing herein 13 shall prevent the City of Atascadero from taking such lawful 14 action as is necessary to prevent or remedy any violation. 15 16 SEC. 7-2.304 - ABROGATION AND GREATER RESTRICTIONS. 17 18 This ordinance is not intended to repeal, abrogate, or impair any 19 existing easements, covenants, or deed restrictions. However, 20 where this ordinance and another ordinance, easement, covenant, 21 or deed restriction conflict or overlap, whichever imposes the 22 more stringent restrictions shall prevail. 23 24 SEC. 7-2.305 - INTERPRETATION 25 26 In the interpretation and application of this ordinance, all 27 provisions shall be: 28 29 A. Considered as minimum requirements; 30 B. Liberally construed in favor of the governing body; 31 and, 32 C. Deemed neither to limit nor repeal any other powers 33 granted under state statutes. 34 35 SEC. 7-2.306 - WARNING AND DISCLAIMER OF LIABILITY 36 37 The degree of flood protection required by this ordinance is 38 considered reasonable for regulatory purposes and is based on 39 scientific and engineering considerations. Larger floods can and 40 will occur on rare occasions. Flood heights may be increased by 41 man-made or natural causes. This ordinance does not imply that 42 land outside the areas of special flood hazards, areas of flood- 43 related erosion hazards or uses permitted within such areas will 44 be free from flooding or flood damages. This ordinance shall not 45 create liability on the part of the City of Atascadero, any 46 officer or employee thereof, or the Federal Insurance 47 Administration, for any flood damages that result from reliance 48 on this ordinance or any administrative decision lawfully made 49 thereunder. 50 51 52 8 1 SEC. 7-2.307 - SEVERABILITY. 2 3 This ordinance and the various parts thereof are hereby dec.'. ped 4 to be severable. Should any section of this ordinance be 5 declared by the courts to be unconstitutional or in-valid, such 6 decision shall not affect the validity of the ordinance as a 7 whole, or any portion thereof other than the section so declared 8 to be unconstitutional or invalid. 9 10 SEC. 7-2.400 - ADMINISTRATION. 11 12 Administration of this ordinance is vested with the Community 13 Development Director. 14 15 SEC. 7-2.401 - ESTABLISffiMENT OF DEVELOPMENT PERMIT. 16 17 A Development Permit shall be obtained before construction or 18 development begins within any area of special flood hazards, 19 areas of flood-related erosion hazards or established in Section 20 7-2. 302. Application for a Development Permit shall be made on 21 forms furnished by the Floodplain Administrator and may include, 22 but not be limited to: plans in duplicate drawn to scale showing 23 the nature, location, dimensions, and elevation of the area in 24 question; existing or proposed structures, fill, storage of 25 materials, drainage facilities; and the location of the 26 foregoing. Specifically, the following information is required: 27 28 A. Proposed elevation in relation to mean sea level, of 29 the lowest floor (including basement) of all 30 structures; in Zone AO, elevation of highest adjacent 31 grade and proposed elevation of lowest floor of all 32 structures. 33 34 B. Proposed elevation in relation to mean sea level to 35 which any structure will be floodproofed; 36 37 C. All appropriate certifications listed in Section 7- 38 2. 403.D of this ordinance; and 39 40 D. Description of the extent to which any watercourse will 41 be altered or relocated as a result of proposed 42 development. 43 44 SEC. 7-2.402 - DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR 45 46 The Community Development Director is hereby appointed to 47 administer and implement this ordinance by granting or denying 48 development permits in accordance with its provisions. 49 50 51 �52 9 I SEC. 7-2.403 - DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN 2 ADMINISTRATOR 3 4 The duties and responsibilities of the Floodplain Administrator 5 shall include, but not be limited to: 6 7 A. Permit review. 8 9 1. Review all development permits to determine that 10 the permit requirements of this ordinance have 11 been satisfied; 12 13 2. All other required state and federal permits have 14 been obtained; 15 16 3. The site is reasonably safe from flooding. 17 18 4. The proposed development as determined by the City 19 Engineer does not adversely affect the carrying 20 capacity of the areas where based flood elevations 21 have been determined but a floodway has not been 22 designated. For purposes of this ordinance, 23 "adversely affects" means that the cumulative 24 effect of the proposed development when 25 combined with all other existing and anticipated 26 development will increase the water surface 27 elevation of the base flood more than one foot at 28 any point. 29 30 B. Use of Other Base Flood Data. When base flood 31 elevation data has not been provided in accordance with 32 Section 7-2. 302. , the City Engineer shall obtain, 33 review, and reasonably utilize any base flood elevation 34 and floodway data available from a Federal, State or 35 other source, in order to administer Section 7-2. 501. 36 Any such information shall be submitted to the 37 Atascadero City Council for adoption. 38 39 C. Whenever a watercourse is to be altered or relocated: 40 41 1. Notify adjacent communities and the California 42 Department of Water Resources prior to such 43 alteration or relocation of a watercourse, and 44 submit evidence of such notification to the 45 Federal Insurance Administration; 46 47 2. Require that the flood carrying capacity of the 48 altered or relocated portion of said watercourse 49 is maintained. 50 51 D. Obtain and maintain for public inspection and make 52 available as needed: 10 1 2 1. The certification required in Section 7-2.501.0. 1 3 (floor elevations) ; 4 5 2. The certification required in Section 7-2. 501.0.2 6 (elevations in areas of shallow flooding) ; 7 8 3. The certification required in Section 7-2.541.C. 9 3.c (elevation or floodproofing of nonresidential 10 structures) ; 11 12 4. The certification required in Section 7-2. 501.C. 13 4.a or SEC. 7-2. 501.C. 4.b (wet floodproofing 14 standard) ; 15 16 5. The certified elevation required in Section 7- 17 2. 503.B (subdivision standards) ; 18 19 6. The certification required in Section 7-2. 505.A 20 (floodway encroachments) ; 21 22 E. Make interpretations where needed, as to the exact location 23 of the boundaries of the areas of special flood hazards, 24 areas of flood-related erosion hazards or for example, where 25 there appears to be a conflict between a mapped boundary and 26 actual field conditions. The person contesting the location 27 of the boundary shall be given a reasonable opportunity to 28 appeal the interpretation as provided in Section 7-2. 600. 29 30 F. Take action to remedy violations of this ordinance as 31 specified in Section 7-2. 303 herein. 32 33 SEC. 7-2.500- PROVISIONS FOR FLOOD HAZARD REDUCTION 34 35 The following sections are for the reduction of flood hazards. 36 37 SEC. 7-2.501 STANDARDS OF CONSTRUCTION 38 39 In all areas of special flood hazards the following standards 40 are required: 41 42 A. Anchoring 43 44 1. All new construction and substantial improvements 45 shall be anchored to prevent flotation, collapse 46 or lateral movement of the structure resulting 47 from hydrodynamic and hydrostatic loads, including 48 the effects of buoyancy. 49 50 2. All new construction and substantial improvements 51 shall be constructed with materials and utility � 52 equipment resistant to flood damage. 11 1 3. All new construction and substantial improvements . 2 shall be constructed with electrical, heating, 3 ventilation, plumbing and air conditioning 4 equipment and other service facilities that are 5 designed and/or located so as to prevent water 6 from entering or accumulating within the 7 components during conditions of flooding. 8 9 4. Require within Zones AH, or AO, adequate drainage 10 paths around structures on slopes to guide flood 11 waters around and away from proposed structures. 12 13 C. Elevation and Floodproofing 14 15 1. New construction and substantial improvement of 16 any structure shall have the lowest floor, 17 including basement, elevated to or above the base 18 flood elevation. Nonresidential structures may 19 meet the standards in Section 7-2.501.C. 3. Upon 20 the completion of the structure, the elevation of 21 the lowest floor including basement shall be 22 certified by a registered professional engineer or 23 surveyor, or verified by the The City Engineer to 24 be properly elevated. Such certification or 25 verification shall be provided to the Floodplain 26 Administrator. 27 28 2. New construction and substantialimprovement of 29 any structure in Zone AH, or AO shall have the 30 lowest floor, including basement, elevated above 31 the highest adjacent grade at least as high as the 32 depth number specified in feet on the FIRM, or at 33 least two feet if no depth number is specified. 34 Nonresidential structures may meet the standards 35 in Section 7-.501. C. 3.upon, compleation of the 36 structure, the elevation of the lowest floor 37 including basement, shall be certified by a 38 registered professional engineer or surveyor, or 39 verified by the City Engineer to be properly 40 elevated. Such certification or verification 41 shall be provided to the Floodplain Administrator. 42 43 3. Nonresidential construction shall either be 44 elevated in conformance with Section 7-2. 501.C. 1. 45 or 2. or together with attendant utility and 46 sanitary facilities: 47 48 a. Be floodproofed so that below the base flood 49 level the structure is watertight with walls 50 substantially impermeable to the passage of 51 water; 52 12 0 • 1 b. Have structural components capable of 2 resisting hydrostatic and hydrodynamic loads 3 and effects of buoyancy; and 4 5 C. Be certified by a registered professional 6 engineer or architect that the standards of 7 this subsection are satisfied. Such 8 certifications shall be provided to the 9 City Engineer. 10 11 4. Require, for all new construction and substantial 12 improvements, that fully enclosed areas below the 13 lowest floor that are subject to flooding shall be 14 designed to automatically equalize hydrostatic 15 flood forces on exterior walls by allowing for the 16 entry and exit of floodwaters. Designs for 17 meeting this requirement must either be certified 18 by a registered professional engineer or architect 19 or meet or exceed the following minimum criteria: 20 21 a. Either a minimum of two openings having a 22 total net areas of not less than one square 23 inch for every square foot of enclosed area 24 subject to flooding shall be provided. The 25 bottom of all openings shall be no higher 26 than one foot above grade. Openings may be 27 equipped with screens, louvers, valves or 28 other coverings or devices provided that they 29 permit the automatic entry and exit of 30 floodwaters; or 31 32 b. Be certified to comply with a local 33 floodproofing standard approved by the 34 Federal Insurance Administration. 35 36 5. Manufactured homes shall also meet the standards 37 in Section 7-2.504. 38 39 SEC. 7-2.502 STANDARDS FOR UTILITIES 40 41 A. All new and replacement water supply and sanitary 42 sewage systems shall be designed to minimize or 43 eliminate infiltration of flood waters into the system 44 and discharge from systems into flood waters. 45 46 B. On-site waste disposal systems shall be located to 47 avoid impairment to them or contamination from them 48 during flooding. 49 50 51 52 ' 13 0 1 SEC. 7-2.503 STANDARDS FOR SUBDIVISIONS. 2 3 A. All preliminary subdivision proposals shall identify 4 the flood hazard area and the elevation of the base 5 flood. 6 7 B. All final subdivision plans will provide the elevation 8 of proposed structure (s) and pads. If the site is 9 filled above the base flood, the final pad elevation 10 shall be certified by a registered professional 11 engineer or surveyor and provided to the Floodplain 12 Administrator. 13 14 C. All subdivision proposals shall be consistent with the 15 need to minimize flood damage. 16 17 D. All subdivision proposals shall have public utilities 18 and facilities such as sewer, gas, electrical and water 19 systems located and constructed to minimize flood 20 damage. 21 22 E. All subdivisions shall provide adequate drainage to 23 reduce exposure to flood hazards. 24 25 SEC. 7-2.504 - STANDARDS FOR MANUFACTURED HOMES 26 27 All new and replacement manufactured homes and additions to 28 manufactured homes shall: 29 30 A. Be elevated so that the lowest floor is at or above the 31 base flood elevation; and 32 33 B. Be securely anchored to a permanent foundation system 34 to resist flotation, collapse or lateral movement. 35 36 SEC. 7-2.505 FLOODWAYS 37 38 Located within areas of special flood hazard established in 39 Section 7-2. 302 are areas designated as floodways. Since the 40 floodway is an extremely hazardous area due to the velocity of 41 flood waters which carry debris, potential projectiles, and 42 erosion potential, as determined by the Floodplain Administrator 43 the following provisions apply: 44 45 A. Prohibit encroachments, including fill, new construc- 46 tion, substantial improvements, and other development 47 unless certification by a registered professional 48 engineer or architect is provided demonstrating that 49 encroachments shall not result in any increase in flood 50 levels during the occurrence of the base flood 51 discharge. 52 14 0 • 1 B. If Section 7-2. 505.A is satisfied, all new const - ztion 2 and substantial improvements shall comply with a. 3 other applicable flood hazard reduction provisio of 4 Section 5. 5 6 SEC 7-2.507 FLOOD-RELATED EROSION-PRONE AREAS. 7 8 A. The Floodplain Administrator shall require permits for 9 proposed construction and other development within all 10 flood-related erosion-prone areas as known to the 11 community. 12 13 B. Such permits shall be reviewed to determine whether the 14 proposed site alterations and improvements will be 15 reasonably safe from flood-related erosion and will not 16 cause flood-related erosion hazards or otherwise 17 aggravate the existing hazard. 18 19 C. If a proposed improvement is found to be in the path of 20 flood-related erosion or would increase the erosion 21 hazard, such improvement shall be relocated or 22 adequate protective measures shall be taken to avoid 23 aggravating the existing erosion hazard. 24 25 D. Within Zone E on the Flood Insurance Rate Map, a 26 setback is required for all new development from the �27 ocean, lake, bay, riverfront or other body of water to 28 create a safety buffer consisting of a natural 29 vegetative or contour strip. This buffer shall be 30 designated according to the flood-related erosion 31 hazard and erosion rate, in relation to the anticipated 32 "useful life" of structures, and depending upon the 33 geologic, hydrologic, topographic and climatic 34 characteristics of the land. The buffer may be used 35 for suitable open space purposes, such as for 36 agricultural, forestry, outdoor recreation and wildlife 37 habitat areas, and for other activities using temporary 38 and portable structures only. 39 40 SEC. 7-2.600 - STANDARDS MODIFICATION AND APPEALS PROCEDURE 41 42 The following sections shall govern the processing of appeals and 43 modification of standards. 44 45 SEC. 7-2.601 - APPEALS 46 47 A. The Planning Commission of The City of Atascadero 48 shall hear and decide appeals and requests for 49 standards modification from the requirements of this 50 ordinance. 51 52 15 0 0 1 B. The Planning Commission shall hear and decide appeals 2 when it is alleged there is an error in any 40 3 requirement, decision, or determination made by the 4 Floodplain Administrator in the enforcement or 5 administration of this ordinance. 6 7 C. In passing upon such applications, the Planning 8 Commission shall consider all technical evaluations, 9 all relevant factors, standards specified in other 10 sections of this ordinance, and: 11 12 1. The danger that materials may be swept onto other 13 lands to the injury of others; 14 15 2. The danger of life and property due to flooding or 16 erosion damage; 17 18 3. The susceptibility of the proposed facility and 19 its contents to flood damage and the effect of 20 such damage on the individual owner; 21 22 4. The importance of the services provided by the 23 proposed facility to the community; 24 25 5. The availability of alternative locations for the 26 proposed use which are not subject to flooding or 27 erosion damage; 28 29 6. The compatibility of the proposed use with 30 existing and anticipated development; 31 32 7. The relationship of the proposed use to the 33 comprehensive plan and floodlain management 34 program for that area; 35 36 8. The safety of access to the property in time of 37 flood for ordinary and emergency vehicles; 38 39 9. The expected heights, velocity, duration, rate of 40 rise, and sediment transport of the flood waters 41 expected at the site; and, 42 43 10. The costs of providing governmental services 44 during and after flood conditions, including 45 maintenance and repair of public utilities and 46 facilities such as sewer, gas, electrical, and 47 water system, and streets and bridges. 48 49 50 51 52 16 9 V 1 D. Generally, standards modifications may be issued for 2 new construction and substantial improvements to be 3 erected on a lot of one-half acre or less in size 4 contiguous to and surrounded by lots with existing 5 structures constructed below the base flood level, 6 providing items 7-2.601.C.1. through 7-2. 601.C.11 have 7 been fully considered. As the lot size increases 8 beyond one half acre, the technical justification 9 required for issuing the standards modification 10 increases. 11 12 E. Upon consideration of the factors of Section 7-2. 601.0 13 and the purposes of this ordinance, the Planning 14 Commission may attach such conditions to the granting 15 of standards modification as it deems necessary to 16 further the purposes of this ordinance. 17 18 F. The Floodplain Administrator shall maintain the records 19 of all appeal actions and report any standards 20 modifications variances to the Federal Insurance 21 Administration upon request. 22 23 SBC. 7-2.602 CONDITIONS FOR STANDARDS MODIFICATION 24 25 A. Standards Modification may be issued for the 1026 reconstruction, rehabilitation or restoration of 27 structures listed in the National Register of Historic 28 Places or the State Inventory of Historic Places, 29 without regard to the procedures set forth in the 30 remainder of this section. 31 32 B. Standards modivications shall not be issued within any 33 designated floodway if any increase in flood levels 34 during the base flood discharge would result. 35 36 C. Standards Modifications shall only be issued upon a 37 determination that the standards modification is the 38 minimum necessary, considering the flood hazard., to 39 afford relief. 40 41 D. Standards Modifications shall only be issued upon: 42 43 1. A showing of good and sufficient cause; 44 45 2. A determination that failure to grant the 46 standards modification would result in exceptional 47 hardship to the applicant; and 48 49 50 51 _,, 2 17 �I 1 3. A determination that the granting of a standards 2 modification will not result in increased flood 3 heights, additional threats to public safety, 4 extraordinary public expense, create nuisances, 5 cause fraud on or victimization of, the public, or 6 conflict with existing local laws or ordinances. 7 8 E. Standards Modifications may be issued for new 9 construction and substantial improvements and for other 10 development necessary for the conduct of a functionally 11 dependent use provided that the provisions of Sections 12 7-2. 602.A through 7-2.602.D are satisfied and that the 13 structure or other development is protected by methods 14 that minimize flood damages during the base flood and 15 create no additional threats to public safety. 16 17 F. Any applicant to whom a standards modification is 18 granted shall be given written notice that the 19 structure will be permitted to be built with a lowest 20 floor elevation below the regulatory flood elevation 21 and that the cost of flood insurance will be 22 commensurate with the increased risk resulting from the 23 reduced lowest floor elevation. A copy of the notice 24 shall be recorded by the Floodplain Administrator in 25 the office of the San Luis Obispo County Recorder and 26 shall be recorded in a manner so that it appears in the 27 chain of title of the affected parcel of land. 28 29 30 31 DRAFT 32 JM/jm 33 34 A 18 MEET��GENC�� E., M E M 0 R A N D U M DATE: February 22, 1989 TO: Ray Windsor , City Manaaer FROM: Andy Takata, Parks and Recreation Director SUBJECT: URBAN STREAM GRANT PROGRAM APPLICATION Attached you will find Resolution 15-eq, authorizing the Citv of Atascadero to apply for State grant funds throuqh the Urban Stream Grant Program. The intent of the grant is for lirban stream restoration. After meeting with the Creekway Ad Hoc Committee on several occasions, it was determined that the funds from this grant , if received, should be utilized for removal Of underbrush and trimming of trees between El Camino Real and Lewis Avenue. The total funds available through the grant are $1 million dollars with the largest appropriation at $300,000. This claim application must be postmarked by February 28, 1969. AT: kv RESOLUTION 15-89 RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING GRANT FUND APPLICATION FOR THE URBAN STREAM GRANT PROGRAM FOR ATASCADERO CREEK DEVELOPMENT PROJECT WHEREAS, the people of the State of California have enacted the Urban Stream Restoration Program, which provides funds to the State of California and its political subdivisions for acquiring and/or developing facilities for public recreational and open space puirposes; and WHEREAS, the State Department of Water Resources has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under this program; and WHEREAS, said procedures established by the State Department of Water Resources require the applicant to certify, by resolution, the approval of application before submission of said application to the state; and WHEREAS, said application contains assurances that the application must comply with ; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project . NOW, THEREFORE, be it resolved that the Atascadero City Council hereby: 1 . Approves the filing of an application of the Urban Restoration Program State Grant for the above project . 2. Certifies that said applicant understands the ' assurances and certification in the application form. 3. Certifies that said applicant has or will have sufficient funds to operate and maintain the project . 4. Appoints the Parks and Recreation Director as agent of the City of Atascadero to conduct all negotiations, execute and submit all documents, including, but not limited to negotiations, execute and submit all documents, including, but not limited to applications , agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project . Approved and adopted the ------ day of , 1989. I , the undersigned, hereby certify that the forgoing Resolution Number 15-89 was duly adopted by the Atascadero City Council by the following roll call votes AYES: NOES: ABSENT: BONITA BORGESON-_ - Mayor ATTEST : -- HOYD--SHA- -RITZ- ---------- -- -- City Clerk APPROVED AS TO FORM: JEFFREY G.-JORGENSEN--- -- - City Attorney APPROVED AS TO CONTENT: ------------------------------ ANDREW TAKATA Parks and Recreation Director MEET�A"NtbDAr M M E M Q R A N D U M DATE: February 22, 1989 TO: Ray Windsor , City Manager FROM: Andy Takata, Parks and Recreation Director SUBJECT: ATASCADERQ LAKE PAVILION The Parks and Recreation Commission commented on the Atascadero Lake Pavilion Feasibility Study by Ross, Levine, MacIntyre, and Varner Architects at their meeting of February 16, 1989. The Commission discussed their desire to preserve the wood floor due to its historical significance and the possibility of utilizing it if the Stadium Park is developed . After reviewing the study and reports from Recreation SLFpervisor Gil. Dovalina and yourself, the Parks and Recreation Commission recommends to the City Council that a new Pavilion facility be constructed and the present Pavilion be dismantled. The Parks and Recreation Commission recommends to the City Council that the wood floor , originally from the area called Stadium Park be preserved due to historical significance for future usage. AT:kv illlFffr► AGENDA� � ;,,.. , fi ITEM# -: .. Action For animals' Rights, Q A Non-Profit Volunteer Animal Welfare Organization �O q ANtMP'v P., S. 9&( • f fVCQp0ID,At4El&RNIA 93423 • PHONE: (805)466-5403 He,Address: FEB 14 19$9 Home: 466-9299 8935 Morro Rd.,Suite 2 Atascadero, CA 93422 CITY MGR February 14,1989 Mr. Ray Windsor, City Manager City of Atascadero 6500 Palma Ave. Atascadero, CA 93422 ' Dear Mr. Windsor: We respectfully ask that the City grant a special contribution to AFAR to cover, or partially cover, the unexpected costs resulting from our "free spays for strays" offer during the month of January. You will recall that we requested your permission to expand the spay/n6iitet program to providd this add!Tlolal SP2CIA1 SETVIC2. And you may have read our articles in the newspapers saying that it exceeded all expectations, to the point that more money must be forthcoming to pay immediate bills! During the one month of the offer, we approved 350 surgeries for stray cats within Atascadero City limits, estimated total $7,700. (The total number processed for Atascadero during all of last year was 605.) Vet bills which are normally around $200 are this month more than $2,000! Paying these has left us short to pay for other regular monthly bills. The question has been asked, why did we continue to approve spays when no money was available. When Animal Regulation runs out of money for the spay/ neuter program they do stop issuing more certificates, but we feel we would be defeating the entire purpose of the program to do this, and that we must, somehow, obtain more funds. If indeed, 350 stray cats were neutered during January, Atascadero should (will!) see a stunning decrease in funds required in the future. With this in mind, we would be most grateful if you would bring our request before the Council for their next meeting. If the City would grant an immediate $5,000 at this time, we are sure you will not regret it! Thank you. Please call me if you have any questions. Sincerely, 1 aphne W. Fahsing r Co-Founder/President cc. Mark Joseph, Director Admin. Services Mayor Bonita Borgeson Councilmembers . . AQENDt MMI .,,.._...�� M E M O R A N D U M To : City Council Through : Ray Windsor , City Manager From: Mark A. Joseph . Director of Admin. Services 01�7 Date: February 22, 1989 Subject : FY87-88 Financial Audit and Related Findings BACKGROUND After seven years with the same CPA firm, Council decided in April , 1988, to select a new CPA firm to conduct the annual audit of both the City and the Sanitation District . it is often a good practice to rotate firms periodically. In addition, this decision appears to have been made with the intention of identifying some possible areas for improvement . This report discusses the results of both audits. AUDIT FINDINGS Overall , both the City and the Sanitation District are in very good cash position. The General Fund , for example, has cash reserves in excess of 25% of the Fund ' s Operating expenditures; generally, a reserve of at least five percent is recommended. The Auditors did have technical concerns with how the previous CPA firm recorded our assets , liabilities and equity accounts. For example, encumbrances were recorded at year end as expenditures rather than a reserve of Fund Balance. Accruals were not always recorded as such . Of particular significance to the Sanitation District , depreciation of all property, plant and equipment was not fully recorded , resulting in a reduction of $1 .3 million in stated retained earnings. ( It should be noted that this does not effect the cash balance of the fund , only the book value of some of the fund ' s assets. ) The bottom line of these technical corrections is that several of the fund ' s beginning balances needed to be adjusted . The Sanitation Fund was reduced $1 ,436,080 (primarily the improper recording of depreciation) and the City ' s General Fund was increased $85,508 (primarily understatement of accrued accounts receeivables ) . Two other issues were raised. First , it was noted that the City does not maintain a General Fixed Asset Account Group - this has been cited by the prior Audit Firm, and needs to be addressed in FY88-90. Without a fixed asset inventory, it is difficult to assure ourselves that all General Fund property is being adequately maintained and/or safeguarded . A second issue was the proper classification of the Zoo Operating Fund . Because the fund is only recovering 30 percent of its direct operating costs, it should be considered a Special Revenue Fund and not an Enterprise Fund. This does not effect its current fiscal condition in any way. AUDITOR ' S MANAGEMENT LETTER Attachment 1 contains a summary of the 16 specific recommendations by the Auditors ' , and staff ' s response. As an overview, there are a number of accounting procedures that will need to be developed or revised during the next several months. These include better documentation of procedures, better definition and structure of funds and accounts, and consolidating financial and accounting responsibilities within the Finance Department . ADDITIONAL COSTS Attachment 2 is a letter from the Auditors outlining cost overruns and their request for an additional $3,000. A copy of the contract is included as Attachment 3. Staff supports the additional request for three reasons: 1 ) the legal obligation is somewhat cloudy at this point ; 2) the post- audit technical assistance by the Auditors will expedite our ability to strengthen our accounting system and such assistance is best faciltiated through a good working relationship ; and 3) the Finance Department can afford the additional cost without requiring extra appropriations from Council . RECOMMENDATIONS Staff recommends Council move the following : 1 ) Accept the Comprehensive Annual Financial Report for the City of Ata=_cadero and the Report and Financial Statements `or the Sanitation District , for the year ending .rune 30, 1988; and , 2) -,, Authorize the City Manager to pay Glenn, Burdette, Phillips and Bryson an additional $3,000 for audit cost overruns and to provide additional technical assistance. MAJ:al a\final688.mem ATTACHMENT 1 AUDIT RECOMMENDATIONS, FY87-88 1 . Recommendation: Develop a written Accounting Manual . Response: Staff concurs, and will begin developing such a manual . In so doing, we will consider other Cities ' practices as well as suggestions by the Auditors. Further , many of the following recommendations will be incorporated into the Accounting Manual . 2. Recommendation: Employees who handle cash should be bonded. Response: Although no improprieties were noted , Staff generally concurs with the recommendation. Two strategies will be used . First , all Finance Department employees will be bonded. Second , procedural efforts will be established to reduce the number of employees that regularly handle a significant amount of cash . For example, discussions are underway to allow building developers to pay the Finance Department all fees and permits. Their receipt will then allow Public Works and Community Development to issue the appropriate permits (after all other requirements have been met ) . 3. Recommendation: All bank accounts should be reconciled to the General Ledger monthly. Response: Staff concurs. This applied to the Sanitation District ' s checking account . Since the District will be folded into the City ' s accounting system, monthly reconciliation should be assured . 4. Recommendation: The Local Transportation Fund should be split into two funds; one Enterprise Fund (for Dial-A-Ride, et al ) and one Special Revenue Fund (for the non- transit/street resurfacing activities) . Response: Staff concurs. Later this year ( late March or early April ) , staff expects to bring to Council an item that will disaggregate the Developer Fee Fund into separate funds , to improve financial reporting and better account for resources , particularly interest . At that time, the Local Transportation Fund will be sprit . In the interim, separate accounts exist to distinguish between Transit and Non-Transit expenditures. 5. Recommendation: The City should periodically review budget to actual and make appropriation transfers as appropriate. Response: Staff strongly agrees. Quarterly reports have been provided to Council in the past and currently monthly reports are distributed to Council and all Department Heads. Staff supports a policy of presenting appropriation amendments to Council whenever a large, unanticipated expense occurs in an individual Departmental budget . This should be done as soon as possible to allow Council to take one of three actions: 1 ) Disallow the expense ( if possible) ; 2) Approve a transfer ofappropriations (from Contingency or the fund balance) ; or 3) Direct the Department Head to absorb the cost and make other service adjustments as necessary. 6" Recommendation: Back—up for Journal Entries should be retained and two signatures should be required. � Response: Staff concurs' In general terms, the policy will be that a unique number will be established for each Journal Entry; all supporting documentation will be attached to the journal entry sheet and each item will be filed in Journal Entry number order . In addition, all journal entries will be countersigned by the Finance Director ; as well as the person who prepared the entry. 7~ Recommendation: Voided warrants (checks) should be defaced and noted as such, and supporting documentation retained. Response: Staff concurs and in fact , follows this procedure. Staff feels this recommendation was based on an isolated incident . E3. Recommendation: Debt Service Funds should be properly budgeted for and adequate f«orxd balances maintained. Response: Staff concurs. Much of the problem appears to be related to some confusion over recordino revenues and appropriations for Special Assessment Districts. This will be resolved at the same time the Developer Fee Fund is addressed ' Overall , sufficient resources appear to exist to cover anticipated debt service expenses. 9. Recommendation: Encumbrances should be recorded as an , expense only when the goods and services are actually received, in mrxJwwr to avoid misstating actual expenditures in any given reporting year.Response: Although Although somewhat esoteric , Staff concurs. Implementing this recommendation will require increasing the subsequent year ' s appropriation by � the amount of the outstanding encumbrance. This should be done shortly after the prior fiscal year ' s books are closed (possibly in late August ) . The source for the additional appropriation would be a higher than anticipated fund balance. An additional benefit of such a "rebudget" amendment would be to either increase or decrease appropriations, depending upon the actual_ fund balance (versus the amount ) . 10. Recommendation: Appropriately described expense accounts should be established and/or used to avoid grouping dissimilar expenses. Response: Staff concurs. Effective July l , 1989, a new set ' of detailed revenue and expenditure account codes will be implemented . In the meanwhile, / departmental staff will be encouraged to use the most appropriate expense accounts currently available. 11 . Recommendation: Debt Service Payments made by the County (on behalf of the Sanitation District) should be recorded. -- Response: Staff concurs. Information regarding county payments are sent to Public Works, and Finance was not aware of the specific dates and amounts. This item should be addressed as a result of a concerted effort to centralize accounting responsibilities in Finance. 12~ Recommendation: Revenues that have been earned but not received should be recorded as Receivables. Response: As noted, this item does not materially affect the City ' s financial picture, but it should be adhered to for GAAP purposes. As part of the year end closing of the books, all receivables which have a known amount and are expected within 90 days will be recorded as a receivable. 13. Recommendation: Record all proceeds received as Other Financing Sources ( in this case, the lease to purchase Fire and Computer equipment) . Response: Staff concurs and will account for these funds accordingly. � ° 14. Recommendation: The City should pursue all available � 15. Recommendation: Payments for Services that extend over a period of time should be recorded as a prepaid expense; Finance Department should maintain a copy of all active lease contracts. Response: Staff concurs with both recommendations. Regarding Prepaid Expenses, we will generally try to avoid prepaying any service that extends over two fiscal years; and second , we will expense the item when paid , but at year end, we will reverse the amount that should be considered a prepaid expense and post it accordingly. 16. Recommendation: Sanitation District should maintain a complete General Ledger. Response: Staff concurs with the integration of the District with the City, proper accounting can be expected . a\recdresp .688 ATTACHMENT L Members of ttme Firm: ftinoliml of it*Firm: o 1) GB Fred L.Glenn,CPA Robert A,Silva Stephen A.Burdette,CPA rs' GLENN, BURDETTE, PHILLIPS BRYSODavid W.Phillips,CPA N Carlos J.Reynoso,CPA David A.Bryson,CPA Jeanne A.Potter,CPA Gary A.Wintermeyer,CPA CERTIFIED PUBLIC ACCOUNTANTS Bradford M.Hair,CPA Retired: A PROFESSIONAL CORPORATION James W.lord,CPA David R.Booker,CPA REEETVrD January 20, 1989 JAN 2 3 1969 CITY MGR. Ray Windsor City of Atascadero P.O. Box 747 Atascadero, CA 93423 Dear Ray: This letter is to follow up on our conversation at the Finance Committee Meeting on January 19th, 1989 regarding my request for an additional $3,000 in audit fees for the year ending June 30, 1988. As I mentioned at the meeting, our actual costs for performing the audit are approximately $27,500 to date. The large cost overage occurred primarily because we could not rely on the June 30, 1987 final audited numbers, W. We based our fee estimate on the representation in the proposal request that your prior years financial statements had been audited and that you were requesting an audit of the year ended June 30, 1988. When we started testing account balances, we became aware that many accounts had not been adjusted correctly at June 30, 1987. We informed Mr. Jorgensen of this finding and he seemed unconcerned. We then informed Mr. Hanley of the additional work we were required to do to properly audit the year ended June 30, 1988. His response was for us to "do what we need to do to get it right." We also mentioned the problems when we met with you on 9/29/88. The fact that it required approximately 100 audit journal entries to correct the internal financial statements, many of them relating to prior years, clearly indicates the financial operations of the City were not in order at June 30, 1988. The purpose of an audit is to verify the accuracy of the clients financial statements, not to perform bookkeeping services and prepare journal entries. We went over journal entries and accounting concepts with the staff as we were performing the audit to educate them for future years. We performed these services, which are above and beyond the requirements of the contract, to help the City get back on its feet. We are requesting an additional $3,000 of fees to help offset our $13,500 cost overage. Please see what you can do for us. 1150 Palm Street• San Luis Obispo, California 93401 • (805) 544-1441 Ray Windsor City of Atascadero January 20, 1989 Page 2 We look forward to continuing our relationship and helping the City of Atascadero develop a strong financial and accounting system. Sincerely, Bradf rd M. Hair, C.P.A. for Glenn, Burdette, Phillips & Bryson Certified Public Accountants A Professional Corporation BMH/smd ATTACHMENT 3 d CONTINUING AUDIT CONTRACT THIS AGREEMENT, made and entered into this 28th day of June, 1988, between the CITY OF ATASCADERO, a Municipal Corporation, herein called the "City", and GLENN, BURDETTE, PHILLIPS & BOOKER, Certified Public Accountants, a Professional Corporation, 1150 Palm Street, San Luis Obispo, California, licensed by the California State Board of Accountancy, and competent and experienced in municipal auditing, herein called the 'Auditor'. Witnesseth 1. Period Covered by Agreement. • This Agreement shall cover the period necessary to make the required continuous audits for each of the three (3) fiscal years ending June 30, 1988, 1989, and 1990, inclusive. This Agreement may be terminated by the City or the Auditor without cause by giving written notice to the other party not later than April 1 with respect to any fiscal year. Should the services of the Auditor in performing these audits be deemed unsatisfactory at any time for any reason whatsoever, the City may terminate this Agreement by giving written notice thereof to the Auditor at its principal place of business as specified in Paragraph 16. Any personnel engaged by the Auditor under the terms of this Agreement shall also,be terminated by said notice, and each employment of such 1 personnel shall be subject to this provision. In the event of any said termination, the Auditor shall be entitled to the reasonable value of its services involved in the termination, as determined by the City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Nothing herein contained shall preclude the City from contracting for such further services as may be required in order to enable the City to properly carry out its audit duties according to law. The Auditor agrees that all accounting personnel shall be persons not connected with any City agency, officer, or employee. 2. Scope of Serves. The Auditor shall, at times and places designated by it and mutually acceptable to the City and other auditors, if any, perform all of the following in compliance with the specifications and standards provided by the City: . A. The audit shall. be made in accordance with generally accepted auditing standards and the provisions of Standards for Audit of Governmental Organizations, Programs Activities and Functions, promulgated by the U.S. Comptroller General, as they pertain to financial and compliance audits. B. The audit shall include all account groups of the City General Fund (and any other related funds) Enterprise Funds, Special Revenue Funds, Atascadero County Sanitation District, Capital Project Fund, Debt Service Fund, 2 and Special Assessment District Funds of both the City and Atascadero County Sanitation District. C. The Auditor shall perform an audit of Fede.--al programs in compliance with the Single Audit Act of 1984 (Pub. L. No. 98-502) and the provisions of the Office of Management and Budget's Compliance Supplement for Single Audits of Grants to State and Local Governments (the Compliance Supplement) . D. The Auditor agrees to review the business systems and procedures of the City as part of the annual audit, and to submit specific recommendations designed to strengthen internal controls and improve the effectiveness of the systems and procedures. It is expressly understood that the specific recommendations would relate only to areas requiring significant corrective action and would be discussed with appropriate officials before the letter is issued. E. The Auditor shall prepare and furnish twenty- five (25) copies of the audit report and ten (10) copies of the management letter. F. The principal of the firm, the person who signs the completed audit report, and the person responsible for and performing the major part of the audit, must be Certified Public Accountants, or Public Accountants licensed by the California State Board of Accountancy. G. The date of delivery of the audit report to the City Council shall be not later than one hundred eighty (180) days following the close of the fiscal year, provided the 3 • financial records are available for audit by August 25. For subsequent years, the report will be delivered no later than October 31 following the close of the fiscal year, assuming the financial records are available for audit by August 25. - H. Periodic reports on progress of the audit shall be rendered by the Auditor, as requested. 3. Administration of Duties and Obligations. The City shall cause to have provided without charge adequate working space for the Auditor, said space to be the same from visit to visit, if possible. 4. Com- pensation. A. The City shall pay the Auditor for services performed at the following per hour rates: Shareholder (Certified Public Accountant) $95 per hour Manager (Certified Public Accountant) $75 per hour Senior Accountant (Certified Public $45 per hour Accountant) Staff Accountant $35 per hour Typist-Clerical $25 per hour B. The annual maximum fee for services, including costs and expenses (including but not limited to travel expenses) , under this Agreement shall not exceed the sum of $14,000.00 for the year ending June 30, 1988, $11,670.00 for the year ending June 30, 1989, and $12,255.00 for the year ending 3une 30, 1990, respectively. 4 C. In arriving at the audit fee for each f :; year, it is understood that the Finance Department will as- the Auditor to the extent practicable in the completion of tr : audit, including assistance in locating supporting documents and preparation of supporting schedules, account analysis, and the financial statements. If an unanticipated situatic�•: should arise which will require additional work, the Auditor shall be entitled to apply to the City for supplemental compensation at the per hour rate specified in Paragraph 4.A above. Such supplemental work will be paid for only upon mutual agreement of the contracting parties in writing prior to the performance of such work. Payment shall be made per invoice submitted monthly by the Auditor or less frequently at the option of the Auditor. 5. Indemnity. The Auditor shall hold harmless and indemnify the City, the City Council of the City of Atascadero, its officers and employees, from every claim, demand, or liability which may be made by reason of: A. Any injury to person or property, including death, sustained by the Auditor or by any person, firm, or corporation employed by the Auditor, directly or indirectly, upon or in connection with the services hereunder, however caused; and B. Any injury to property or person, firm or corporation, caused by any error, omission, neglect, or 5 • tortuous act of the Auditor, its officers, agents, or employees, upon or in connection with the services hereunder, whether the injury or damage occurs upon or adjacent to the premises where services hereunder are performed; and C. The Auditor, at its own expense, cost, and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the City or any claim, demand, or liability, and pay or satisfy any judgment that may be rendered against the City, the City Council, its officers or employees, in any such action, suit, or other proceedings resulting from services performed under the terms and conditions of this Agreement. 6. Insurance. The Auditor shall, at its expense, take out and maintain during the term of this Agreement the following types and amounts of insurance insuring the Auditor: Professional Liability Insurance: vErrors and omissions" policy providing coverage on a claims-made basis in an amount of not less than $500,000 for each occurrence, to cover all services rendered by the Auditor pursuant to this Agreement. Before or concurrently with the execution of this Agreement, the Auditor shall file with the City a certificate or certificates of insurance, issued by the insurance carrier, covering the specified insurance and a complete copy of each insurance policy. Each such certificate and policy shall bear 6 an endorsement precluding the cancellation or reduction in coverage of any policy before the expiration of thirty (30) days after the City shall have received notification by registered or certified mail from the insurance carrier. 7. Auditor as Independent Contractor. The parties intend that the Auditor shall be an independent contractor in performing the services provided by this Agreement. The City is interested only in the results to be achieved, and the conduct and control of the Auditor's work will lie solely with the Auditor. Except when specifically authorized by the City, the Auditor is not to be considered an agent of the City for any purpose. The Auditor, its agents, officers, and employees, if any, are not considered employees of the City and are not entitled to any of the benefits that the City provides for its employees, including Workers' Compensation Insurance. The Auditor shall maintain such insurance as will protect it from claims under Workers' Compensation Insurance Acts and shall furnish evidence of such coverage to the City. It is understood that the Auditor is free to contract for similar services to be provided to others while under contract with the City. S. Assignment. Inasmuch as this Agreement is intended to secure the specialized services of the Auditor, the Auditor shall not assign, transfer, delegate, or sublet this Agreement or any interest therein without the prior written consent of the 7 City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 9. Governing Law. The validity, enforceability, and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 10. Severability. The invalidity and unenforceability of any terms or provisions hereof shall in no way affect the validity or enforceability of any other terms or provisions. 11. Availability of Funds. The City's obligation for payment of any contract beyond the current fiscal year end is contingent upon the availability of funds from which payment can be made. No legal liability on the part of the City shall arise for payment beyond June 30 of the calendar year unless funds are made available for such performance. 12. Nondiscrimination. The Auditor shall comply with the applicable provisions of Presidential Executive Order No. 11246, dated September 24, 1965, including, but not limited to, Section 202 of said Executive Order, which is hereby included within this solicitation by reference. The Auditor shall also comply with all other applicable orders, regulations, and laws governing nondiscrimination in employment. 8 13. Conduct of Auditor. A. The Auditor agrees to inform the City of the Auditor's interests, if any, which are or which Auditor believes to be incompatible with any interest of tree City. B. The Auditor shall not, under , circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of its duties, accept or seek any gratuity or special favor from individuals or organizations with whom the Auditor is doing business or proposing to do business, in accomplishing the work under this Agreement. C. The Auditor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with this Agreement. In this connection, the term 'privileged information"' includes, but is not limited to, unpublished information relating to medical, personnel, or security records of individuals, anticipated material requirements or pricing actions, and knowledge of selections of contractors or subcontractors in advance of official announcement. D. The Auditor shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or other items of monetary value to an employee of the City. 9 14. City's Designated Representative. The City designates its City Manager as ' its 'designated representative'. The designated representative is authorized to review the services of the Auditor and to authorize extra services by prior approval in writing. 15. Materials and Documepts. Except as otherwise specified in this Agreement, the Auditor will bear the cost and expense of all facilities, materials, supplies, and publications used or needed by the Auditor in the performance of its services and development of the work products to be delivered to the City. The City shall be the owner of all documents produced by the Auditor on the City's behalf. Ownership shall commence upon submission of any document in final draft form for consideration by the City Council at any regular, adjourned regular, or special meeting, whether in open or closed session. Letters and other writings produced by the Auditor on behalf of the City not requiring City Council action shall become the property of the City when the Auditor affixes its signature thereto. The Auditor may retain copies of the original documents for its files. Preliminary drafts and other work papers are the property of the Auditor. 16. - Notices. Notices pursuant to this Agreement shall be given by United States mail, postage prepaid, addressed to the parties hereto as follows: 10 A. City: City of Atascadero Attn: City Manager P.O. Box 747 Atascadero, CA 93423 B. Auditor: Glenn, Burdette, Phillips &Booker 1150 Palm Street San Luis Obispo, CA 93401 17. Time. It is mutually agreed that time is of the essence in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate, the day and year first written above. DATE: June 28, 1988 CITY: AUDITOR: CITY OF ATASCADERO GLENN, BURDETTE, PHILLIPS & a Municipal Corporation BOOKER, Certified Public Accountants, a Professional Corporation By BONITA BORGE80N, Mayor BRAD-FORDoOR. HAIR, C.P.A. ATTEST: BOY ., SHARITZ, Cit rk APPROVED AS TO FORM: APP VED AS TO CONTENT: F Y SEN, WILLIAM HANLEY, I Brim ty t e City Manager JGJ:,fr/6/23/88 A:AGATA657 11 • • General Provisions 1. That said audits will be conducted in accordance with the requirements of California statutes and in accordance with generally accepted auditing standards as follows: A. General Standards: (1) The audits are to be performed by a person or persons having adequate technical training and proficiency as auditors. (2) In all matters relating to the audits conducted pursuant to this Agreement, an independence in mental attitude is to be maintained by the Auditor or Auditors. (3) Due professional care is to be exercised in the performance of the audits and the preparation of all reports. B. Standards of Field Work: (1) The work is to be adequately planned, and assistants, if any, are to be properly supervised. (2) There is to be a proper study and evalua- tion of the existing internal control as a basis for reliance thereon and the determination of the resultant extent of the tests to which auditing procedures are to be restricted. (3) Sufficient competent evidential matter is to be obtained through inspection, observation, inquiries, and 12 confirmations to afford a ;seasonable basis for an opinion, regarding the financial statement under audit. C. Standards of Reporting: (1) The reports shall comment as to the consistency (1988) or inconsistency (1989 and 1990) in accounting principles and procedures observed in the current period in relation to the preceding period. (2) It is the intent of this Agreement that these audits, whenever possible, concentrate on governmental efficiency, economy, and modern accounting systems and procedures, and, therefore, the Auditor shall include• i.n the report its opinion as to these items. (3) Informative disclosures in the financial • statements are to be regarded as reasonably adequate unless otherwise stated in the report. 2. That insofar as is applicable, reference shall be made to 'Governmental Accounting, Auditing, and Financial Reporting,' by the National Council on Governmental Accounting, hereinafter referred to as 'N.C.G.A.', in its latest edition, and authoritative statements and interpre- tations issued by the N.C.G.A. or its successor, for clarifi- cation of accounting principles, auditing standards, reporting standards, and terminology acceptable in the conduct of these audits and preparation of the financial audit reports. 13 ME DA-9 M E M O R A N D U M TO: City Council February 28, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director SUBJECT: REPORT ON HOTEL PARK PRECISE PLAN CONDITION #17 RE: ROAD ABANDONMENT BACKGROUND: At the Council ' s February 14, 1989 meeting, the Council was prepared to consider the appeal of staff denial of a grading permit for the Hotel Park project at 5805 Capistrano by Don Messer. The appeal was withdrawn that evening but left undecided the status of a condition which literally precluded obtaining any permits to commence the project until the road abandonment had been recorded. ANALYSIS: Condition #17 of the approved precise plan for this project (see attached) reads as follows: 1117 . The road abandonment (portion of Capistrano remaining after realignment) shall be recorded prior to issuance of permits for Phase I. " Among the permits that would be required to relocate Capistrano would be an encroachment permit and grading permit (both within the right-of-way and on private property) . The City would not want to abandon the road prior to having the realignment assured. This matter has been reviewed with the City Attorney who has advised that given the literally impossible condition, that it is incumbent upon the City to come forth with a solution which will carry out the City' s intent. STAFF RECOMMENDATION: That the City Council concur with the following interpretation of the above requirement: 1 ) An irrevocable offer of dedication shall be submitted by the applicant to the City prior to the issuance of any permit. 2 ) The applicant shall submit a formal abandonment request (this has already been done) . • 3) An encroachment permit to cover grading for the road right- of-way shall be obtained €or the purpose of constructing the new roadway and other public improvements. 4 ) Abandonment action shall be conditioned to require recorda- ation after construction and approval of the proposed road improvements by the Public Works Department. The abandon- ment shall be recorded prior to any final inspection. 5) A grading permit for site work shall be obtained separately from the encroachment permit. HE :ps cc: Steve Sylvester Don Messer Doug Filipponi Glen Lewis Enclosure: Precise Plan 30-87 Conditions of Approval / f EXHIBIT F - CONDITIONS OF APPROVAL Precise Plan 30-87 y 5805 Capistrano (Messer/Swauger) 1. All construction shall be in ' conformance with Exhibit B (s .4e plan) , Exhibit C (fire hydrants) , Exhibit F (conditions of ap- proval) , and shall comply to all applicable City codes and ordn- ances. Any modification to this approval shall be approved by the Community Development Department prior to implementing any changes. 2. Complete landscape and irrigation plans shall be submitted to, and subsequently approved by, the Community Development Department, prior to issuance of building permits (Section 9-4.124) . The fol- lowing items shall be noted or detailed on these plans: a. All areas . including setbacks, parking lots, and unused areas shall be landscaped appropriately (Section 9-4.125 (a) ) . b. Concrete curbing, or a functional equivalent, shall be pro- vided to enclose all required landscaping. C. All existing trees with a diameter of eight (8) inches or more shall be shown. Trees which are to be removed shall be noted as such. A tree protection plan, including fencing and other necessary measures to protect existing oaks, shall be submitted for approval by the Community Development Depart- ment prior to the issuance of a building permit. d. Proposed landscaping shall be accompanied with a planting schedule which includes species, container sizes, number of plants or flats, and the space distribution of ground cover. Replacement oak trees shall be planted along the extension of Highway 41. .r e. Ten percent (10%) of the parking area shall be landscaped with shade trees approximately 30 feet on center. €. Five (5) foot of landscaped area with six (6) foot fencing is required along the northeasterly property line. 9. Where parking spaces are arranged to head toward a street, a three (3) foot high landscaped berm is required. 3. One (1) trash enclosure for each phase shall be provided with ap- propriate details (Section 9-4.129) as shown on Exhibit B. Please note that the construction standards require the bottom of the trash enclosure area to be concrete or an equivalent impervious material. Trash facilities shall be integrated into the design of the building (s) that they serve. 4. Three (3) fire hydrants shall be installed at the locations desig-0 nated in Exhibit C, prior to combustible construction occurring on-site. S. A grading and drainage plan prepared by a registered civil en- gineer shall be reviewed and approved by the Community Development and Public Works Departments prior to the issuance of building permits. These plans shall include the following: a. Soils report b. Earthwork quantity - C. Retaining walls to be coordinated with future Highway 41 im- provements. d. Measures to reduce velocity of water and erosion on and off the site. All grading/drainage work is to be completed prior to final build- ing inspection. 6. Structural plan check will occur during building permit process- ing, however, the following preliminary items have been noted: a. Four foot deck cannot project into the ten (10) foot setback (unless non-combustible) . b. One (1) hour protection is required for walls less than 20 feet from property line. 0 C. Some buildings maybe classified as three (3) story. 7. The submitted plans are generally in compliance with the City's Appearance Review Guidelines with the exception of the following: a. Mechanical equipment is to be screened including: roof- mounted, PG&E facilities, and trash enclosures. b. A master signage plan requires approval prior to issuance of sign permits. Projects with over 1400 square feet of signage require a conditional use permit. C. Provision of outdoor public seating areas. d. Elevation or cross-section showing landscaping in relation to buildings. e. Exterior lighting is not shown. 8. A 1216" setback is required along full Highway 41 property front- age. 9. Two,,hundred sixty-six (266) parking spaces shall be provided. The slope of the parking area cannot exceed 7%. This includes the granting of an 18% parking adjustment and a parking area slope adjustment to exceed 5%. No further adjustments shall be granted. 10. A traffic report shall be prepared, supplemental to the ARE, Inc. Atascadero Creek Bridge study (November, 1987) . The report shall analyze the traffic impacts generated by this project and present recommendations for mitigation measures, if necessary. Special attention will be given to the Santa Ysabel/Highway 41 intersec- tion, the Capistrano/Lewis Avenue intersection, and the Capis- trano/West Mall intersection. 11. The applicant shall obtain an encroachment permit from Caltrans for work within their right-of-way. Caltrans shall verify that plans are compatible with plans for Highway 41, including 28 foot - wide access drives. 12. Applicant shall obtain a sewer connection permit from the Public Works Department prior to hooking up to the public sewer. Appli- cant shall pay all sewer fees in effect at the time of obtaining permits for sewer service and fees in effect at time of connec- tion. 13. Applicant shall obtain an encroachment permit from the Public Works Department and sign an inspection agreement and a curb and gutter agreement, guaranteeing that the work will be done and in- spections paid for, prior to issuance of a building permit, and construct improvements as directed by the encroachment permit prior to final building inspection. 14. Road improvement plans, including drains9.e, repared b P P y a regis- tered civil engineer, shall be submitted to and approved by the* Community Development and Public Works Departments prior to issu- ance of building permits for Phase I, unless otherwise specified. These plans shall include: a. Curb, gutter, five (5) foot sidewalk, and . 20 foot paveout from centerline on Lewis Avenue (South Mall Extension) . Con- struction of Lewis Avenue (South Mall Extension) shall term- inate at the northwesterly curb return of the Capis- trano/Lewis Avenue (South Mall Extension) intersection. Fu- ture construction shall be bonded fdr west of the above term- ination and shall eventually terminate easterly of the exist- ing creek tributary to Atascadero Creek, and the profile of Lewis Avenue (South Mall Extension) will be established ade- quate to provide transition to the proposed bridge crossing. The easterly termination shall match the westerly termination of the Bank of America development of Lewis Avenue (South Mall Extension) , b. Construction of Capistrano within new= alignment, as determined by the City Engineer. This shall include curb, gutter and sidewalk on the easterly side of Capistrano along Property frontage, as well as a pedestrian linkage with the Atascadero Creek bridge. Pedestrian access is also needed from Lewis Avenue (South Mall Extension) to Highway 41 by the addition of an on-site sidewalk parallel to the primary pro- ject access on Lewis Avenue (South Mall Extension) . ti C. The possible reconstruction of vertical curve on Capistrano as determined by the City Engineer. The vertical curve on Capistrano will be evaluated to satisfy a 30 mph design speed and a stop condition at Lewis Avenue. d. Future road improvements for Highway 41 shall be compatible with approved highway pians as determined by Caltrans. These shall include curb, gutter, and sidewalk, and refer to the Caltrans plans showing the required left-turn channelization. Prior to issuance of permits for Phase III development, these highway plans shall be reviewed and approved by the City and Caltrans. e. Road improvements for all three street frontages shall in- elude provisions for street trees. Construction of road im- provements shall be completed (or bonded for) prior to the final building inspection for Phase I, with the exception of the required Highway 41 improvements which shall be completed (or bonded for) prior to final building inspection for Phase III. 15. The applicant shall make the following offers of dedication: a. Offer of dedication on Capistrano Avenue as shown on map, and as' determined by the City Engineer. b. Additional offer of dedication on Capistrano at frontage of proposed Parcel A as determined by the City Engineer. C. A six (6) foot public utility easement along full frontage of : Lewis Avenue (South Mall Extension) and Highway 41. d. An open space easement dedication along the creek to the west side of new alignment of Capistrano. e. All ,offers of dedication shall be completed and recorded prior to or simultaneously to finall�building inspection. 16. Each phase shall meet all development standards of the Zoning Or- dinance , including access, parking, landscaping, and trash enclo- sure. The phasing of public improvements shall also be provided to ensure that each phase functions independently. Phase II de- velopment requires provision of an additional access drive, either by connection with the Bank of America parking lot or future High- way 41. 17. The road abandonment (portion of Capistrano remaining f re- alignment) shall be recorded prior to issuance of re ermi Phase I. permits for 18. All development fees in effect at the time of issuance of permits will be paid by the applicant, and any credits will be determined as per ordinance. 19. All existing and new utilities shall be placed underground. All relocation and/or alteration of existing utilities shall be the responsibility of the developer at his sole expense. 20. This precise plan is approved for a period of one year from the date of final approval. (December 8, 1987) . Where a project phas- ing schedule has been approved, construction permits shall be ob- tained and substantial work shall be performed on at least one approved building within that one year period. Construction must continue at a reasonable pace with no interruption greater than 180 consecutive days. E i _ - AEET '" AGENDA _. M E M O R A N D U M TO: City Council February 28, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director ✓ RE: Road Vacation of a Portion of San Andres Avenue BACKGROUND: The Streets and Highways Code requires the City Council to adopt a resolution of intent to vacate a public road or easement in order to have a' public hearing to consider the matter. As this resolution indicates, the public hearing is proposed to be held on March 14, 1989 . RECOMMENDATION:. Approve the attached resolution and set a public hearing date of March 14 , 1989 for Road Abandonment 03-88 (San Andres Avenue) . HE:DD:ps Enclosure: Resolution No. 13-89 0 RESOLUTION NO. 13-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO CONSIDERING INTENT TO VACATE A PORTION OF THE SAN ANDRES AVENUE RIGHT-OF-WAY PURSUANT TO STREETS AND HIGHWAYS CODE; PART 3, CHAPTER 3, SECTION 8320 WHEREAS, Streets and Highways Code Section 8320 requires that the Council shall, by resolution, advise of its intention to vacate a street described as follows : A portion of the San Andres Avenue right-of-way shown on the attached exhibit. WHEREAS, pursuant to Government Code Section 65402, the City Planning Commission has recommended to the Council its finding that the vacation of this portion of the San Andres Avenue right- of-way is in conformance with the General Plan; and WHEREAS, pursuant to Streets and Highways Code Section 2381 , the City Planning Commission has recommended to the Council its finding that this portion of the San Andres Avenue right-of-way is not suitable or useful as a non-motorized transportation facility; and WHEREAS, the vacation of this portion of the San Andres Avenue right-of-way will not affect any in-place, in-use public utility facilities or that adequate relocation of utilities is provided. NOW, THEREFORE, the Council of the City of Atascadero resolves as follows : 1 . The City Council shall hold a public hearing on March 14, 1989 to consider a Resolution of Vacation at which time all persons interested in the proposed vacation may be heard. 2 . The City Clerk shall cause the notice of this public hearing to vacate this portion of the San Andres Avenue right-of-way to be published in the same manner as other resolutions of this Council . 3 . The Clerk shall execute and file an affidavit, as proof of publication of the notice of public hearing to vacate. 4 . The Director of the Community Development Department shall forthwith cause to be posted, conspicuous notices of vacation in compliance with Streets and Highways Code Section 8323 . As proof of the posting of the notice, the Director of the Community Development shall execute and file an affidavit setting forth the facts of the posting in detail, as to time and manner. • PASSED AND ADOPTED at the regular meeting of the City Cou.-vl of t"he City of Atascadero held February 28, 1989 . By: BONITA BORGESON, Mayor City of Atascadero, Cali€ -.nia AYES: NOES: ABSENT: ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: 4�6 � 1� �- - HENRY ENG N, Community Developlent Director (file: c:\rdaban.res) DRAFT RESOLUTION CITY OF ATASCADERO EXHIBIT — ' COMMUNITY DEVELOPMENT DEPARTMENT f RG �GSC17 A 6AN Z)C'NNI LENT ExISTitiC— �ti �rN.Jt?ES � ° "; —5 240 ;J, E c 2129, a TECORIDA / t1 b � W /10 :B0 CO (2 0 O 19 18 ^ 17 22'E_ lite 2 107.2 92 _.►oF.80-- 8994 N 20� 59'w 20 a 21 p 22 2a .. ul 12 2 3 T z sy b5.61 Si�' /U0f !00! 0 ATASCADERO e i NOTE— . •r MEETI ME NDA MEMORANDUM To: honorable Mayor and City Council Through: Ray Windsor, City Manager From: Paul M. Sensibaugh, Director of Public Works/City Engineer�� Subject : Repeal of Original Development Fee Ordinance, Development Impact Tax Ordinance and Lewis Ave . Bridge Fee Ordinance; Repeal of Resolutions for Above Ordinances Date : February 21 , 1989 Recommendation: Staff recommends that Council repeal 0_-dinance 111 , Ordinance 119 and Ordinance 118; staff recommends repeal of Resolution 64-85, Resolution 11-86, Resolution 10-86 and Resolution 44-88 . Background: The above ordinances and resolutions have been superceded by Ordinance 183 and Resolution 100-88. Discussion: This is the last step in the house cleaning for the development fee legislation. Only cost—of—living increases or possible ammendments will be placed before Council in the future . Fiscal Impact : This action has no financial impact . r MEET! AGENDA DAT9 t7'EM 11 M E M O R A N D U M TO: City Council February 28, 1989 VIA: Ray Windsor, City Manager FROM: Henry Engen, Community Development Director JYL SUBJECT: RESOLUTION NO. 14-89 EXPANDING THE LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS BACKGROUND: The City has received the attached letter from D.O. Denney requesting that he and Richard Alvarez of Arbor Tree Surgery be added to the list of certified arborists. ANALYSIS: Ordinance No. 168, "the Tree Ordinance" , provides that "tree protection plans" shall be approved by an International Society of Arboriculture (ISA) certified arborist. . . .designated by resolution of the City Council as acceptable to the City of Atascadero" . To implement this provision of the ordinance, Resolution No. 33-88 was adopted which listed all of the ISA certified arborists as of June, 1987 . D.O. Denney has provided his certification (#391) together with other credentials and clearly qualifies under the City' s Tree Ordinance. In spite of compelling credentials, Richard Alvarez is not certifiable pursuant to the ordinance' s limiting language. In view of the above, the attached resolution only provides for the addition of D.O. Denney to the City' s approved list. How- ever, the tree ordinance is in the course of being redrafted and revised with respect to the ISA limitation. RECOMMENDATION: Approval of attached Resolution No. 14-89. HE :ps Enclosures : Resolution No. 14-89 Arbor Tree Surgery Letter of Request RESOLUTION NO. 14-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING RESOLUTION NO. 33-88 TO EXPAND THE LIST OF CERTIFIED ARBORISTS AUTHORIZED TO PREPARE TREE PROTECTION PLANS IN THE CITY OF ATASCADERO WHEREAS, the Council of the City of Atascadero has adopted Resolution No. 33-88 designating arborists certified to prepare tree protection plans pursuant to Section 9-4 . 155(b) ; and WHEREAS, the International Society of Arboriculture (ISA) has certified additional individuals desirous of preparing tree protection plans within the City of Atascadero; and WHEREAS, amending said list is categorically exempt from the provisions of the California Environmental Quality Act. NOW, THEREFORE, the Council of the City of Atascadero does resolve to add the following certified arborist to the list approved by Resolution No. 33-88: D.O. Denney #391 On motion by and seconded by the motion was approved by the following roll call vote: AYES: NOES: ABSENT: DATE ADOPTED: By: BONITA BORGESON, Mayor City of Atascadero, California ATTEST: BOYD C. SHARITZ, City Clerk APPROVED AS TO CONTENT: RAY WINDSOR, City Manager APPROVED AS TO FORM: JEFFREY G. JORGENSEN, City Attorney PREPARED BY: HENRY ENGEN, Community Development Director RICHARD ALVAREZ, OWNER 80 2 PASO ROBLEE. F s REET TELEPHONE: {805} 239-1239 j PASO ROBLES, CALIFORNIA 93446 T—tur Surgrg February 2, 1989 City of Atascadero P.O. Box 747 Atascadero, CA 93423 Attn: City Council Dear Sirs: Several months ago, Richard G. Alvarez and I, D. 0. Denney, applied in writing to be placed on your list as Certified Arborists, qualified to write consultations in the City of Atascadero. We have spent a lifetime involved in the care of trees, and since 1950, in the Atascadero area. In October 1988, we had a meeting with the acting City Manager. I do not believe that he is with the City anymore. This information and certi- fications were left with him for submission to the City Council. Your refusal to accept us as qualified people has caused a great deal of embarrassment and harm to Arbor Tree Surgery. We are prime contractors for Pacific Gas & Electric Co. and have many customers who we need to deal with. Please consider our problem and accept our application for approval. Very truly yours, i P� • Richard G. Alvarez, Presi eit D. O. Denney, Supervisor Pasco business,m-an ' .is chosen' to receive MBUA P Richard Alvarez of Paso Robles has been chosen by the San 1960 with an'old pick-up truck, he has built Arbor Tree Surgery into a Francisco Region of the U. S. Department of Commerce's Minor- multi-million dollar enterprise with « ity Business Development Agency } over 250 employees. In 1983, Alvarez sought the (MBDA) as its Minority r ! management and technical Entrepreneur of the Year, assistance provided through Alvarez is president of Arbor a , Tree Surgery in Paso Robles. The ; MBDA s Rural Assistance Pro, company provides horticultural 4 gram (RAP) in California. The services, such as tree trimming, RPA is operated by Development tree surgery, pleating, spraying, Associates, Inc., an internationally { M'; - recognized management and gov- ernmental consulting firm, which is Surgery provides extensive tree one of the minority largest trimming services for power utility g y owned companies such as Pacific Gas & ' consulting companies in the nation. Electric Co. and Sierra Pacific The professional in-depth consult Power Co. ing services provided by Devel- The MBDA San Francisco Region opment Associates through the selected Alvarez from among more Rural Assistance Program has than 50 nominees throughout the enabled Arbor Tree to successfully region, which includes the states of ,, expand its operations. Alaska, Arizona, California, Ha- Arbor Tree has almost doubled «°ail, Nevada, Oregon, Utah, and ,: its gross sales since services were Washington. rendered by the RAP in May.of Richard Alvarez�'�": 1983. The RAP provides consulting As a regional winner, Alvarez services to minority owned busi- will also be eligible as a finalist in the week of October ? 13, which y MBDA's national competition to be has been proclaimed by President nesses in 38 designated rural held in Washington, D.C., during Reagan as Minority Enterprise counties in California. Development Week (MED .Week Alvarez will be receiving the 84). r regional Minority Entrepreneur,of The achievements of the.nation's the Year ;award by MBDA's San more than 600,000 minority busi. Francisco RegionalOffice at; a nesses are the focus of the`awards reception ; and Minority Award program and an extensive series of Program presentation on Thurs- \ events are being ischeduled in the day, October 4 in San Francisco. capital. city :and? thriaughout the During this event the formal country during MED Week celebra- presentations will be made to other tions. , winners of the Award Program'in 1 ` E the areas of: Construction Con- In all, some two ,dozen minority tractor of the Year, 'Manufacturer entrepreneur finalists'Twill be feted by MBDA and the Small Business of the Year; Retail!Firm of the Administration. Tap:- Year Service Industry of the overnment ' officials, members :of Congress, Year; Advocate of•the Year; and and senior level private'- sector;,State and Local Government. business leaders will also ' In addition the U. S. Small participate. Business Administration and the ,, F Alvrez is being recognized_for his -San rancisco Chamber of Com- exceptional accomplishments.,as merce will also be as a presenting minority businessman i who has .awards to outstanding minority helped strengthen the national business enterprises during this economy. Starting by himself in reception. f O2 Om r4 J a � � { 4� �: o o � -A tJ ^' P` cwwt � c� c D• wU� 7 V O Q v, a Efl ll 1= ti \ .\ go H ' W ,. LL. a ad C Dim OED °° Z y r �r a a N W. rsi `' i'- O .� ., y W t\ V r�i f o. \\ rt y_ y r V. �r W 0. t C V Z W Z i m W H W - O .. ! � �'•-� J h W coo V m V W Q W W Z to _ P: �- 0. 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VNOLJ 4ot&Sa7 sitjL �1 ._._.. _._..r.._.. . . _ - EEi'i AGENDA OA iTEM tasc-wkroa gerf commerce .. c� m 6550 EL CAMINO REAL • ATASCADERO, CALIFORNIA 93422 RECEIVED TELEPHONE: (805) 466-2044 17 February 1989 FEB 2 11989 CITY MGR. TO: ATASCADERO CITY COUNCIL VIA: CITY MANAGER, RAY WINDSOR FROM: MAGGIE RICE, EXEC. MGR. SUBJECT: CITY COUNCIL REPRESENTATION AT CHAMBER BOARD MEETINGS In an effort to further encourage cooperation and understanding between the business community and the City elected officials, the Board of Directors has asked me to respectfully request that the City Council designate one of its members to attend regular Chamber Board meetings. These meetings are held the second Thursday of each month from 12 noon to 1 :30 P.M. at the Chamber office. (Optional brown bag lunch) . We are well aware of the tremendous burden of the many meetings you must attend, but believe that this would be a step toward improved communications between the City Council and the business community. We look forward to your reply. al