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Home My WebLink AboutAgenda Packet 05/13/1985 r • • • THERE WILL BE A SPECIAL CLOSED SESSION AT 6 :30 P.M. IN THE CLUB ROOM, 4TH FLOOR, TO DISCUSS ISSUES RELATING TO LABOR NEGOTIATIONS. AGENDA - ATASCADERO CITY COUNCIL Regular Meeting May 13, 1985 at 7: 30 P.M. Atascadero Administration Building Call to Order Pledge of Allegiance Invocation Roll Call City Council Comments Proclamation - May 5-11, 1985 as National Small Business Week ,Proclamation - May 19-25, 1985 as Traffic Safety Week ,,-Proclamation — National Police Week, May 12-18 - Police Memorial Day, May 15 , 1985 • A. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Item A, Consent Calendar , are considered to be routine, and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately. Vote may be by roll call. ' 1. Minutes of the Regular Council Meeting of April 22, 1985 (RECOMMEND APPROVAL) ✓ 2. Disposition of Burned Police Vehicle (RECOMMEND APPROVAL) '/ 3. Award of Bid #85-29 - Weed Abatement to Thaine Plank (RECOMMEND APPROVAL) 4. Claim by Sharon Morin for damages in the amount of $1,800 (RECOMMEND DENIAL) 5. Final Parcel Map 9-84, 7690 El Camino Real (Lots 10-A, 11 and 11-A) , Larson/Twin Cities Engineering - • (RECOMMEND APPROVAL) 6. Final Parcel Map 2-85, 8201 San Dimas (Lot 20, Block 37) 1 0 • Landis/Twin Cities Engineering - (RECOMMEND APPROVAL) • L--7. Final Parcel Map 11-83, 6760 El Camino (Lot 6 , Block EB) , LaPrade/Daniel Stewart & Assoc. - (RECOMMEND APPROVAL) /8. Lot Line Adjustment 16-84 , 5270/5350 Vega Avenue (Lots v 7&8, Block JB) , Mulkins/Daniel Stewart & Assoc. - (RECOMMEND APPROVAL) B. HEARINGS, APPEARANCES, AND REPORTS Public Hearing - Weed Abatement Posting Business License Proposed Ordinance - Presentation by Committee C. UNFI HED BUSINESS Planning Commission Proposed Resolution 35-85 Activating Ordinance 101 establishing the Planning Commission & Recreation Commission Proposed Resolution 37-85 - Appointing Planning • / Commission Members and Establishing Terms of Office , 2. City/Schools Development Fee Proposal to Allevating Crowded School (201 Fee Proposal) - Presentation by School District (Cont'd from 4/22/85) f Request for $50,000 Pledge Toward New County Library by Friends of the Library (Cont'd from 4/22/85) Police Facility Acquisition f Report on Status of Christian Home Appeal - Archaeological Investigation (Cont'd from 4/8/85) / Report on Improvement to Noticing Procedures (Cont'd from 4/22/85) D. NEW BUSINESS Park Ordinance and Resolution Proposed Ordinance No. 105 - Rules and Regulation Formulation • 2 0 • 1711. Proposed Resolution 31-85 - Establishment of Fee • Schedule Proposed Resolution No. 34-85 - Revised County-Wide Mutual Aid Fire Protection Agreement -,,X. Solid Waste Disposal Contract Renewal - Wilmar Disposal B. Proposed Resolution 36-85 - Authorizing Execution of Contract Proposed Resolution 32-85 - Approving Cooperative Process For Determining Project Priorities forFederalAid Urban Funding Proposed Resolution 33-85 Supporting Assembly Bill 2483, Which Establishes the California Mainstreet Program PMLIC COMMENT E. INDIVIDUAL DETERMINATION AND/OR ACTION ,,k City Council 2. City Attorney 3. City Clerk • 4. City Treasurer 5. City Manager • 3 P R O C L A M A T I O N NATIONAL SMALL BUSINESS WEEK MAY 5 - 11, 1985 WHEREAS , the first week in May honors the Nation 's Small Business Community; and WHEREAS , the City recognizes the valuable contribution of small business to our economy; and WHEREAS, 98 percent of all businesses in the United -States are small; • WHEREAS, the Central California communities would find life much more difficult without the contribution of the small business; THEREFORE, the City - of Atascadero honors the small business community and proclaims May 5-11, 1985 as National Small Business Week . ROLFE NELSON, Mayor • • PROCLAMATION TRAFFIC SAFETY WEEK MAY 19 25 , 1985 WHEREAS, the residents of California are a mobile people who use their motor vehicles more than the people of any other state; and WHEREAS, traffic accidents take an unacceptable toll annually in human life, injury and property damage; and WHEREAS , many such tragedies can be prevented by common sense and the application of safe driving techniques; and WHEREAS , public and private institutions, along with concerned individuals, can promote traffic safety by increasing public awareness, of safety mehtods; and WHEREAS, the State of California is being joined by the private sector in observing May 19 through 25 as California Traffic Safety Week; and WHEREAS, this observance should lead to greater safety on our streets and highways NOW, THEREFORE BE IT RESOLVED THAT I, Rolfe Nelson, Mayor, City of Atascadero on this day of , 1985, do hereby proclaim the week of May 19-25 as Traffic Safety Week. ROLFE NELSON, MAYOR • E • P R O C L A M A T I O N NATIONAL POLICE WEEK POLICE MEMORIAL DAY WHEREAS, the Congress of the United States of America has designated the week of May 12th through the 18th as National Police Week and May 15th as Police Memorial Day, and WHEREAS, the law enforcement officers are our guardians of life and property, defenders of the individual right to be free men, and dedicated to the preser- vation of life, liberty, and the pursuit of happiness, and WHEREAS, law enforcement officers willingly perform hazardous duty to protect and defend our community, and WHEREAS, 1, 085 law enforcement officers have died nationwide in the line of duty between 1974 and 1984 , and • WHEREAS, 102 California law enforcement officers have died in the line of duty in the past ten years, and WHEREAS, the people of our community, state, and nation should commemorate those officers who have given their lives while providing service and protection our community, THEREFORE, BE IT RESOLVED, to show our sincere appreciation for the officers of the Atascadero Police Department in deed, remark, and attitude, all citizens are urged to recognize National Police Week and to recognize Police Memorial Day on May 15th by flying your flags at half-mast. ROLFE NELSON, :MAYOR • CO CIL MEETING : 5/13/85 A�A ITEM NO, : A - 1 MINUTES - ATASCADERO CITY COUNCIL Regular Meeting spril 22, 1985, 7 : 30 p.m. tascadero Administration Building The Regular Meeting of the Atascadero City Council was called to order at 7 : 30 p.m. by Mayor Nelson. The Pledge of Allegiance was recited. Rev. William Marcus of the Church of Religious Science gave the invocation. ROLL CALL Present: Councilman Handshy and Molina; Councilwoman Mackey and Norris and Mayor Nelson. Absent: None STAFF Mike Shelton, City Manager; Allen Grimes, City Attorney; Grigger Jones, City Clerk; Georgia Ramirez, Deputy City Clerk; Mike Hicks, Fire Chief; Henry Engen, Planning Director and John Wallace, Contract Engineer. COUNCIL COMMENTS Councilwoman Mackey said she felt there should be more light during the council meetings, especially around the Council' s table. 40, CONSENT CALENDAR 1. Minutes of the Regular Council Meeting of April 8 , 1985 (Recommend Approval) 2. Treasurer' s Report - March 1 - 31, 1985 (Recommend Approval) 3 . Finance Director' s Report - March 1 - 31, 1985 (Recommend Approval) 4 . City Attorney Contract Amendment - (Compensation Increase of 50 , effective March 30, 1985) (Recommend Approval) 5. Notice of Completion - Madonna Construction Company, Bid Number 84-19 (1984 Overlay Project) (Recommend Approval) MOTION: By Councilwoman Mackey, seconded by Councilman Molina to approve Consent Items A 1-5. Passed unanimously by roll call vote. B. HEARINGS, APPEARANCES, AND REPORTS 1 . County Library Status Report Staff report was given by Mike Shelton, City Manager. MOTION: By Councilman Handshy, seconded by Councilwoman Norris to adopt the Polin site on Atascadero and Morro Rd. as the future site of the • new County Library, for the purpose of Grant Application. Also the $50, 000 will be discussed at the May 9th budget session. Passed unanimously by roll call vote. r April 22, 1985 Page 2 2. Falcon Cable 1984 Franchise Payment Tom Hatchell of Falcon Cable presented the Council with a check in the amount of $32,123 as payment for 1984 franchise. 3. Improvement of Noticing Procedures - Engen Staff report was given by Henry Engen. Council consensus supported recommended changes in newspaper advertising and neighborhood notices. A report on posting of sites will be brought back at the next council meeting. C. UNFINISHED BUSINESS 1. Proposed Resolution No. 30-85 - Approving Acquisition and Atascadera Senior Citizens Congregate Rental Units Project (Young/Community Development Block Grant) Henry Engen, Planning Director, gave staff report. MOTION: By Councilman Molina, seconded by Councilwoman Norris to adopt Resolution No. 30-85. Passed unanimously by roll call vote. 2. Planning Commission Appointments Henry Engen, Planning Director, reported that there are 32 appli- cations for Planning Commission. The Council established Monday, April 29, 1985, starting at 5 p.m. in room 306 as the meeting date for interviews. They will be held every 10 minutes, in alphabetical order. D. NEW BUSINESS 1. Proposed Resolution No. 18-85 - Declaring Weeds a Public Nuisance and Commencing Proceedings for the Abatement of Said Nuisances Mike Hicks, Fire Chief, gave staff report. Terry Graham spoke regarding the bid process for weed abatement. MOTION: By Councilman Molina, seconded by Councilwoman .Mackey to approve Resolution No. 18-85. Passed unanimously by roll call vote. 2. City/School Committee Status Report Henry Engen, Planning Director, gave the staff report. There was no public comment. Council concurred in the public review and hearing schedule proposed, beginning with a school district presentation on May 13th. 3 . Proposed Urgency Ordinance No. 106 - Exempting Tree Removal .from Permit Requirements When Removed for Agricultural Purposes Henry Engen, Planning Director, gave the staff report. Terri Hood from the audience spoke regarding this ordinance. -2- n- April 22, 1985 Page 3 MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris to read by title only. Motion failed on a 4 :1 vote in that a unanimous vG* is required for passage. Councilman Molina voted no. Ordinance No. 106 was read in its entirety by Mayor Nelson. MOTION: By Councilwoman Mackey, seconded by Councilwoman Norris to adopt Ordinance No. 106. Passed 4 :1 by roll call vote, with Councilman Molina voting no. 4 . Graves Creek Bridge Priority Confirmation to Caltrans John Wallace, Contract Engineer, gave the staff report. Doug Lewis spoke from the audience regarding this matter. MOTION: By Councilman Molina, seconded by Councilwoman Mackey to go along with staff recommendations and put this in the budget for 85-86. Passed unanimously by roll call vote. 5. Proposed Sidewalk Around City Administration Building John Wallace, Contract Engineer, gave the staff report. MOTION: By Councilwoman Mackey', seconded by Councilman Handshy for conceptual authority from the Council to proceed with the propose work. Passed unanimously. PUBLIC COMMENT Terry Graham said that he is withdrawing his recall petition against Mayor Nelson. Lillian Majel spoke regarding a shelter for battered women and children. She asked the council for a letter of support. MOTION: By Councilman Molina, seconded by Councilwoman Mackey supporting the No. - County Resource Center. Passed unanimously. Maggie Rice of the Chamber cECommerce said that the Chamber should be ready in about 10 days or less with suggestions regarding the business license study. Also a meeting of the Downtown Revitalization Committee will be held in Room 304 'at 5 p.m. on May 2. Also speaking from the audience were Bill Remple and Bob Schinske in support of the Council ' s action on improved public notice procedures. INDIVIDUAL DETERMINATION AND/OR ACTION City Council None City Attorney - None -3- COUNCIL MEETING : , 5/13/85 AGWA ITEM NO', : A 2 MAY i ids M E M O R A N D U M • CITY MGR. TO: CITY MANAGER FROM: CHIEF OF POLICE SUBJECT: RECOMMENDED DISPOSITION OF BURNED POLICE CAR DATE: MAY 3, 1985 Background: On January 29 , 1985, one of our marked patrol cars (1985 Ford, ID #2FABP43G5FX119716) was destroyed as a result of an engine fire. The car was deemed a total loss by insurance adjusters and our City received a favorable adjustment/payment since that time. As it is now appropriate to dispose of the car, we solicited bids locally and received three proposals; the highest of which was $510 from Atascadero Ford. Recommended Council Action: • As the car, in its present condition is of no use to our City, I recommend that Council authorize the sale of the vehicle to Atascadero Ford for $510 as surplus property, pursuant to Government Code Section 40567 (b) . RICHARD H. Mc HALE RHM: sb • i4 COU CIL MEETING : 5/13/85 AG&A ITEM NO, : A - 3 MEM 0 R A N D U M DATE: May 9, 1985 J TO: Mike Shelton, City Manager V FROM: Mike Hicks, Fire Chief SUBJECT: Weed abatement bid results After close consideration of the weed abatement bids submitted, along with meeting with the owners, I would like to make the following recommendation for awarding of the bid: Weed Abatement Bid 85-29, Part I, Para II, and Part III, be awarded to Thaine Jay Plank, 7270 Sombrilla, Atascadero, CA Bid results are as follows: Part I. Large Parcel Tractor with operator $28.00 per hour $16.00 per 1z hour • Part II. Small Parcel Tractor with operator $28.00 per hour $16.00 per 2 hour Part III. Hand Work A. Hand Mower with operator $18.00 per 2 hour B. Weed Cutter with operator $10.00 per 2 hour Due to this contractor's past experience, familiarity with the area, and available equipment and manpower, I feel it is in the best interests of the City- to award him the total bid. 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Box 747 Atascadero, CA 93422 INVITATION, BID AND ACCEPTANCE Bid No. 85-29 Sealed bids, subject to the conditions hereon, will be received at the office of the City Clerk until 3:00 o'clock, P.M. , May 6 , 1985 , and then publicly opened, for furnishing the following services at vari- ous locations within the City of Atascadero: WEED ABATEMENT Bidder-Contractor Karleskint--Crm, Inc. Address 225 Suburban Rd. San Luis Obispo, CA 93401 Instructions : You may bid on any one or all of the following items. It is our desire to have one contractor responsible for all abatement work done , but consider- ation will be given to lowest bids on all items. The contractor must comply with the attached Legal Regulations and Responsibilities. The City reserves the right to reject any or all bids and to waive any irregularity or infor- mality of any bids to the extent permitted by law. The Fire Chief, or his authorized representative can exercise the authority to reject any work not considered satisfactory. This bid includes both large parcels (tractor work) and small lots (hand/ mowers) . The minimum time per job on any parcel or lot will be one half hour. Please indicate tractor and mower size and type. Part I : Larae Parcel: Mowing (one acre or more) Tractor with operator $ 45.00 per hour $ 30.00 per half hour Part II : Small Parcel : Mowing - (less than one acre) Tractor with operator $ 45.00 per hour $ 30.00 per half hour Part III : Hand Work: (Small lots or lots not accessible with tractor) A. Hand Mower with operator $ 8.00 per half hour B. Weed Cutter with operator $ 7.50 per half hour - l v�-�•�li tibti•1•�;rlr;iv•1• Instructions - Cont'd Bid No. 85-29 The Contractor upon ting awarded the Abatement contract, shall provide evidence of insurance as per City requirements. He shall provide a camera and all the black and white film needed so as to take a picture of each lot he cleans. The film will not be developed unless a conflict arises , in which case the contractor must show that he has done the job as per the charges . If the contractor cannot prove he did the work, 0 then he is to absorb the cost. Include in your bid the cost of the film for each parcel. LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC Contractor' s Insurance : The Contractor shall not commence work under this contract until e shall have obtained all insurance required, and such in- surance shall have been approved by the City as to form, amount, carrier nor shall Contractor allow any subcontractor to commence work in his sub- contract until similar insurance required of the subcontractor shall have been so obtained and approved. (a) Compensation Insurance: The Contractor shall take out acid maintain, during the life of this contract, workmen's compensation insurance for all his employees employed at the site of improvement, and in case any work is sublet, Contractor shall require subcontractor similarly to provide workmen's compensation insurance for all of the latter ' s employees, unless such employees are covered by the protection afforded by Contractor. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or the subcontractor to take out or maintain such insurance. (b) Public Liability and Property Damage Insurance : The Contractor sha take out and maintain during the life of this contract, such public liability and property damage insurance as shall protect the City, its elective board, officers, agents, and employees, Contractor and any subcontractor performing work covered by this contract from claims for damage for personal injury including death, as well as from claims for property damage which may arise from Contractor' s or subcontractor ' operations under this contract, whether such operations be by the Con- tractor, or by any subcontractor, or by anyone directly or indirectly employed by either Contractor of subcontractor, and the minimum amounts of such insurance shall be as follows: (1) Bodily Injury Liability. . . .$500 ,000 .00 $1 ,000,000 .00 each person each occurrence Property Damage Liability. .$250 ,000 .00 $ 500 ,000 . 00 each person each occurrence (2) A single limit for Bodily) Injury Liability and ) Property Damage Liability) .$500 ,000 . 00 $1 ,000 ,000 . 00 combined of ) each occurrence aggregate WE2D ABATEMENT Instructions - Cont ' . Bid No . 85-29 PROOF OF CARRIAGE OF INSURANCE: CONTRACTOR SHALL FURNISH THE CITY OF ATASCADERO, RR 1TLY WITH THE EXECUTION HEREOFWITHA CERTIFICATE OF INSURANCE REQUIRED, WHICH SHALL CONTAIN THE FOLLOWING : NAME AS ADDITIONAL INSURED PARTIES: CITY OF ATASCADERO ELECTIVE BOARD, OFFICERS , AGENTS AND ANY SUBCONTRACTORS IN THE PERFORMANCE OF WORK FOR THE CITY OF ATASCADERO. " THIRTY (30) DAYS PRIOR NOTICE SHALL BE GIVEN TO THE CITY OF ATASCADERO OF ANY REDUCTION IN INSURANCE COVERAGE OR OF CANCELLATION OF INSURANCE. To the CITY PURCHASING AGENT Date. May 6,1985 In compliance with the above invitation for bids, and subject to all the conditions thereof, the undersigned offers , and agrees, if this bid be accepted within 5 days from the date of the opening , to furnish any or all of the items upon which prices are quoted, at the price set op- posite each item, delivered at the point (s) as specified and, unless otherwise specified within days after receipt of order. Discount of 0 % will be allowed for payment within 30 days from date of delivery. Bidder_KaY]esk ri-ruin, Inc. IMPORTANT INSTRUCTIONS TO BIDDER By (Signature of authorized person) Bids must be sealed and addressed to: -Title President City of Atascadero Address 225 Suburban Rd. City Clerk P. 0. Box 747 San Luis Obispo, CA 93401 Atascadero, CA 93423 Mark envelope "Bid No. 85-29" (ONE COPY OF THIS BID TO BE RETAINED BY BIDDER) ACCEPTED as to items numbered CITY OF ATASCADERO, Date by Purchasing Agent • CITY OF ATASCADERO Office of PURCHASING AGENT P.O. Box 747 Atascadero, CA 93422 i INVITATION, BID AND ACCEPTANCE Bid No. 85-29 Sealed bids , subject to the conditions, hereon, will be received at the office of the City Clerk until 3 :00 o'clock, P.M. , May 6 , 1985 , and then publicly opened, for furnishing the following services at vari- ous locations within the City of Atascadero : WEED ABATEMENT Bidder-Contractor /Zi,� e Q Address ,L , j Qvy C • ��gal e� Instructions : You may bid on any one or all of the following items. It is our desire to have one contractor responsible for all abatement work done , but consider- ation will be given to lowest bids on all items. The contractor must comply with the attached Legal Regulations and Responsibilities. The City reserve! the right to reject any or all bids and to waive any irregularity or infor- mality of any bids to the extent permitted by law. The Fire Chief, or his authorized representative can exercise the authority to reject any work not considered satisfactory. This bid includes both large parcels (tractor work) and small lots (hand/ mowers) . The minimum time per job on any parcel or lot will be one half hour. Please indicate tractor and mower size and type. Part I : Larae Parcel: Mowing (one acre or more) Tractor with operator per hour per. .half hour Part II: Small Parcel : Mowing (:less than one acre) Tractor with operator $ qe, U 0 per hour $ per half hour Part III : Hand Work: (Small lots or lots not accessible with tractor) A. Hand Mower with operator $ per half hour B. Weed Cutter with operator $ per half hour / - P H i WEED ABATEMENT Instructions - Cont -� Bid No. 85-29 The Contractor upon being awarded the Abatement contract, shall provide evidence of insurance as per City requirements. He shall provide a camera and all the black and white film needed so- as to take a picture of each lot he cleans. The film will not be developed unless a conflict arises , in .which case the contractor must show that he has done the job as per the charges. If the contractor cannot prove he did the work, then he is to absorb the cost. Include in your bid the cost of the film for each parcel. LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC Contractor' s Insurance: The Contractor shall not commence work under this conzrac -u-n--1-u-n-E-1i he sh= have obtained all insurance required, and such in- surance shall have been approved by the City as to form, amount, carrier nor shall Contractor allow any subcontractor to commence work in his sub- contract until similar insurance required of the subcontractor shall have been so obtained and approved. (a) Compensation Insurance : The Contractor shall take out and maintain, during the life of this contract, workmen' s compensation insurance for all his employees employed at the site of improvement, and in case . any work is sublet, Contractor shall require subcontractor similarly to provide workmen' s compensation insurance for all of the latter' s employees, unless such employees are 'covered by the protection afforde, by Contractor. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or the subcontractor to take out or maintain such insurance . (b) Public Liability and Property Damage Insurance : The Contractor shall take out and maintain during. the life of this contract, such public liability and property damage insurance as shall protect the City, its elective board, officers, agents , and employees, Contractor and any subcontractor performing work covered by this contract from claims for damage for personal injury including death, as well as from claims for property damage which may arise from Contractor' s or subcontractor operations under this contract, whether such operations be by the Con- tractor, or by any subcontractor, or by anyone directly or indirectly employed by either Contractor of subcontractor, and the minimum amount: of such insurance shall be as follows: (1) Bodily Injury Liability. . . .$500 ,000 .00 $1 ,000 ,000 .00 each person each occurrence Property Damage Liability. .$250 ,000 .00 $ 500 ,000 .00 each person each occurrence (2) A single limit for Bodily) Injury Liability and ) Property Damage Liability) .$500 ,000 . 00 $1 ,000 ,000 . 00 combined of ) each occurrence aggregate Instructions - Cont 'd Bid No. 85-29 PROOF OF CARRIAGE OF INSURANCE: CONTRACTOR SHALL FURNISH THE CITY OF ATASCADERO, R iT ' IT _HE EXECUTION HEREOF WITH A CERTIFICATE OF INSURANCE REQUIRED, WHICH SHALL CONTAIN THE FOLLOWING: "NAME AS ADDITIONAL INSURED PARTIES: CITY OF ATASCADERO _ ELECTIVE BOARD, OFFICERS , AGENTS AND ANY SUBCONTRACTORS IN THE PERFORMANCE OF WORK FOR THE CITY OF ATASCADERO. " THIRTY (30) DAYS PRIOR NOTICE SHALL BE GIVEN TO THE CITY OF ATASCADERO OF ANY REDUCTION IN INSURANCE COVERAGE OR OF CANCELLATION OF INSURANCE. To the CITY PURCHASING AGENT: Date : ✓�� - �' S In compliance with the above invitation for bids , and subject to all the conditions—'Chereof , the undersigned offers, and agrees, if this bid be Lccepted within 2 days from the date of the opening , to furnish any or all of the items upon which prices are quoted, at the price set op- posite each item, delivered at the point (s) as specified and, unless otherwise specified within 2 days after receipt of order. Discount of / : % will be allowed for payment within 30 days from date of delivbry. Bidder �wC f /��nic c b= y- �,'ci D. cc IMPORTANT INSTRUCTIONS TO p BIDDER By .{Signature of authorized person) :Bids must be sealed and addressed to: Title City of Atascadero Address City Clerk P. 0. Box 747 L M ALL/V/L/ 157 0/_3 S Atascadero, CA 93423 — Mark envelope "Bid No. 85-29" (ONE COPY OF THIS BID TO BE RETAINED BY BIDDER) ACCEPTED as to items numbered CITY OF ATASCADERO Date by Purchasing Agent ' CITY OF ATASCADERO Office of PURCHASING AGENT P.O. Box 747 Atascadero, CA 93422 INVITATION, BID AND ACCEPTANCE Bid No. 85-29 Sealed bids , subject to the conditions hereon, will be received at the office of the City Clerk until 3:00 o'clock, P.M. , May 6 , 1985 , and then publicly opened, for furnishing the following services at vari- ous locations within the City of Atascadero : WEED ABATEMENT Bidder-Contractor Fetyko--Wilson Address Geneseo Rd . . .Paso Roble,_CA Instructions : You may bid on any one or all of the following. items . It is our desire to have one contractor responsible for all abatement work done , but consider- ation will be given to lowest bids on all items. The contractor must comply with the attached Legal Regulations and Responsibilities. The City reserves the right to reject any or all bids and to waive any irregularity or F The infor- mality mality of any bids to the extent. pezi:'il.-�t ecu u.�. -ay. . Th.... _; _,-o_ Chief, or his authorized representative can exercise the authoritytoreject any work not considered satisfactory. This bid includes both large parcels (tractor work) and small lots (hand/ mowers) . The minimum time per job on any parcel or lot will be one half hour. Please indicate tractor and mower size and type. Part I : Larne Parcel : Mowing (one acre or more) Tractor with operator $ 28 . 00 per hour $ 20 _ on per half hour Part II : Small Parcel : Mowing (less than one acre) Tractor with operator $ 26 . 00 per hour $ 20 . 00 per half hour Part III : Hand Work: (Small lots or lots not accessible with tractor) A. Hand Mower with operator $ 1') .00 per half hour B. Weed Cutter with operator $ per half hour �t .� WEED ABATE14ENT ( ; Instructions - Cont 'd l Bid No. 85-29 PROOF OF CARRIAGE OF INSURANCE: CONTRACTOR SHALL FURNISH THE CITY OF ATASCADERO , i ENTLY WITH THE EXECUTION HEREOF WITH A CERTIFICATE OF INSURANCE REQUIRED, WHICH SHALL CONTAIN THE FOLLOWING: "NAME AS ADDITIONAL INSURED PARTIES: CITY OF ATASCADERO ELECTIVE BOARD, OFFICERS , AGENTS AND ANY SUBCONTRACTORS IN THE PERFORMANCE OF WORK FOR THE CITY OF ATASCADERO. " THIRTY (30) DAYS PRIOR NOTICE SHALL BE GIVEN TO THE CITY OF ATASCADERO OF ANY REDUCTION IN INSURANCE COVERAGE OR OF CANCELLATION OF INSURANCE. To the CITY PURCHASING AGENT: Date 5--r) In compliance with the above invitation for bids, and subject, to all the conditions thereof, the undersigned offers, and agrees, if this bid be accepted within 15 days from the date of the opening , to furnish any or all of the items upon which prices are quoted, at the price set op- posite each item, delivered at the point (s) as specified and, unless otherwise specified within p) days after receipt of order. Discount of 0 a will be allowed for payment within 30 days from date of delivery. Bidder F.- IMPORTANT INSTRUCTIONS TOr BIDDER By \1,• (Signature of autho ized erson) Bids mustbe sealed and addressed to: Title Fetyko-Wilson City of Atascadero Address �, City Clerk - And Fetcko P. 0. Box 747 Atascadero, CA 93423 sco Rd - Paso Robles, CA ,93446 Mark envelope "Bid No. 85-29" (ONE COPY OF THIS BID TO BE RETAINED BY BIDDER) ACCEPTED as to items numbered CITY OF ATASCADERO Date by Purchasing Agent CITY OF ATASCADERO • Office of it F. i V =s D PURCHASING AGENT' P.O. Box 747 Wk.' -u i0,85 Atascadero, CA 93422 INVITATION, BID CITY CLERK AND ACCEPTANCE Bid No. 85-29 Sealed bids , subject to the conditions hereon, will be received at the office of the City Clerk until 3 :00 o 'clock, P.M. , May 6 , 1985 , and then publicly opened, for furnishing the following services at vari- ous locations within the City of Atascadero : WEED ABATEMENT Bidder-Co-.1traetor 1+6 IN E -JA v CLawk Addressbp4,? £'f fLL 4'� '" { `1`✓ SC,9'17 lc'U Instructions You may bid on any one or all of the following items . It is our desire to have one contractor responsible for all abatement work done , but consider- ation will be given to lowest bids on all items. The contractor must comply with the attached Legal Regulations and Responsibilities . The City reserves the right to reject any or all bids and to waive any irregularity or infor- mality of any bids to the extent permitted by law. - The Fire Chief, or his authorized representative can exercise the authority to reject any work not considered satisfactory. This bid includes .both large parcels (tractor work) and small lots (hand/ mowers) . The minimum time per job on any parcel or lot will be one half hour. Please indicate tractor and mower size and type. Part I : Larae Parcel : Mowing (one acne or more) Tractor with operator $ 2 5% D per hour $ �� , 00 per .half hour Part II : Small Parcel : Mowing (.less than one acre} -. Tractor with operator $ �. 0 0 per hour $ � , 0 Q per half hour Part III : Hand Work: (Small lots or lots not accessible with tractor) A. Hand Prower with operator $ A I per half hour B. Weed Cutter with operator $ per half hour ,3 ,WEED ABATEMENT Inst�_ructions - Cont' Bid No. 85-29 The Contractor upon being awarded the Abatement contract, shall provide evidence of insurance as per City requirements. He shall provide a camera and all the black and white film needed so as to take a picture of each lot he cleans. The film will not be developed unless a conflic� arises , in which case the contractor must show that he has done the job as per the charges.- If the contractor cannot prove he did the work, then he is to absorb the cost. Include in your bid the cost of the film for each parcel . LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC Contractor' s Insurance : The Contractor shall not commence work under this contract un i h_e__sTTa= have obtained all insurance required, and such in- surance shall have been approved by the City as to form, amount, carrier nor shall Contractor allow any subcontractor to commence work in his sub- contract until similar insurance required of the subcontractor shall have been so obtained .and approved. (a) Compensation Insurance: The Contractor shall take out and maintain, during the life of this contract, workmen' s compensation insurance for all his employees employed at the site of improvement, and in case any work is sublet, Contractor shall require subcontractor similarly to provide workmen' s compensation insurance for all of the latter ' s employees, unless such employees are covered by the protection affordec by Contractor. Contractor indemnifies City for any damage resulting to it from failure of either Contractor or the subcontractorto take out or maintain such insurance. (b) Public Liability and Property Damage Insurance : The Contractor sha* take out and maintain during the life .of this contract, such public liability and property damage insurance as shall protect the City, its elective board, officers, agents, and employees, Contractor and any subcontractor performing work covered by this contract from claims for damage for personal injury including death, as well as from claims for property damage which may arise from Contractor' s or subcontractor ' operations under this contract, whether such operations be by the Con- tractor, or by any subcontractor, or by anyone directly or indirectly employed by either Contractor of subcontractor, and the minimum amounts of such insurance shall be as follows: (1) Bodily Injury .Li,ability. . . .$500 ,000 . 00 $1 ,000 ,000 . 00 each person each occurrence Property Damage Liability. . .$250 ,000 .00 $ 500 ,000 . 00 each person each occurrence (2) A single limit for Bodily) Injury Liability and Property Damage Liability) .$500 ,000 .00 $1 ,000 ,000 . 00 combined of ) each occurrence aggregate COUNCIL MEETING 5/13/85 AOODA ITEM NO, : A - 4 TO: City Council May 13, 1985 FROM: Georgene Kreinberg SUBJECT: CLAIM - SHARON MORIN Claimant has alleged that hillside paving completed by the City caused erosion damage to her driveway. She is seeking $1, 800+ for repair costs, which is the estimate she received from a paving contractor. Carl Warren and Company has investigated, found no evidence of City liability, and recommends denial. I concur. GK:kv CARL WARREN& CO. Insurance Adjusters/Claim Administrators 141 SaSuburban Road, Suite A-1 San Luis Obispo,CA 93401 (805)544-7963 March 14 , 1985 STATUS REPORT #5 City of Atascadero Post Office Box 747 Atascadero, California 93423 Attention: Ralph Dowell, City Manager's Office Re: Our Principal: City of Atascadero Claimant: Sharon Morin Date of Loss : December 1983 Our File No: A1495-D Gentlemen/Ladies: PREVIEW: The claimant is alleging erosion damage to her driveway after some hillside paving was done by the City. GOVERNMENT CODE REQUIREMENTS: A. Date Verified Claim Filed: Please refer to our report of January 11, 1985. The claim was properly filed on August 30, 1984 . B. Action By Public Entity: At this time we recommend that a re- jection letter be sent directly to the claimant as she is no longer represented by an attorney. The claimant resides at 7000 San Andres, Atascadero, California, 93422. C. Statute Of Limitations: The statute will now run six months after denial letter is sent. As usual, please forward a copy of the rejection letter to our office. I LIABILITY We feel this is a case of no liability. In our inspection of the site of the alleged erosion, we find that the claimant's house is located sloping downward from San Andres. Her driveway is dirt and gravel in nature and any type of rain from the road would flow directly into the claimant's yard and driveway. Since the driveway is not paved, erosion would happen due to normal weather conditions. We do not feel there is anything the City could have done to prevent this occurrence. It would have been up to the claimant to have paved her driveway originally. This would have cured the ero- sion problem. We have taken photos of this and they are in our file. Additionally, we note the claimant, apparently at her own expense, took a rake and raked the gravel and dirt driveway, and it now appears to be fairly level. It seems doubtful that the claimant will pursue this matter further. Glendale Ventura Santa Barbara Canoga Park Fresno (Los Angeles Area) (805)658-0855 (805)963-0695 (818)999.4094 (209)233-9500 (213)245-0800 (805)656-0811 (800)322.5779 San Luis Obispo Long Beach Santa Ana San Diego San Bernardino (805)544-7963 (213)596-5539 (714)972-3146 (619)457-0500 (714)884-8669 (714)241-9171 (800)572-6900 (619)560-8137 (714)824-1660 Bakersfield (805)325-4333 i City of Atascadero Ralph Dowell March 14, 1985 Page Two REMARKS; At this time we will place our file on a long diary until six months after rejection letter is mailed. We will then check in the appropriate courts to see if she pursued her claim with filing of a complaint. Very truly yours, CARL WARREN & COMPANY John Dobrinsk JD/kh CAIL MEETING: 5/13 AGENDA ITEM: A - 5 M E M D R A N D U M TO: CITY COUNCIL May 13, 1985 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 9-84 LOCATION: 7690 E1 Camino Real (Lots 10A, 11, and 11A, Block SA) APPLICANT: Fred Larson (Twin Cities Engineering) On July 9, 1984, the City Council approved Parcel Map 9-84 , sub- • ject to certain conditions and in concurrence with the recommen- dation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HENRY ENG N MICHAEL HELTON Planning Director City Manager HE:ps • l� J i CCN ;< b S C t-9^ cDo; C sD � z d Ni ZZ 10 to �VVf Lf IM ao2 �.o� .f� S ( • 03 J O I ort, 3 N d r cocr / 002 S�9£.i9 S Oi t°1 2 1 • CO C I L P1EET I NG : 5/13 AG DA ITEM NO. : A 6 • M E M O R A N D U M TO: CITY COUNCIL May 13, 1985 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 2-85 LOCATION: 8201 San Dimas Road (Lot 20 , Block 37) APPLICANT: Ron Landis (Twin Cities Engineering) On March 11, 1985 , the City Council approved Parcel Map 2-85 , sub- ject to certain conditions and in concurrence with the recommen- dation of the Planning Commission. The required conditions have been complied with and the final map is recommended for approval. HENRY ENG�N UMICHAEL SHEL ON Planning Director City Manager HE:ps • k it iz IS Nr tj at tos O� J h 6Q$ `� "o��a :� 3c� � ►�. h2 j t 1 1 � l I t N ' • D � •� 543�\ � � a�,j I� - .w .'. � �'a rc- .moi/ ,�. � t�.�_.. � // /i''�•, '.J� _ 1 ON 4 �2 I. COUNCIL MEETING 5/13/85 ADODA ITEM NO : A _ 7 • M E M O R A N D U M TO: CITY COUNCIL May 13, 1985 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of PARCEL MAP 11-83 LOCATION: 6760 E1 Camino Real (Lot 6, Block EB) APPLICANT: Herb LaPrade (Dan Stewart) On December 10 , 1984 , the City Council approved Parcel Map 11-83, • subject to certain conditions and in concurrence with the recom- mendation of the Planning Commission The required conditions have been complied with and the final map is recommended for approval. HENRY ENGENMIC AEL SHELTON Planning Director City Manager HE:ps • 33 4, �1 v iv, 0. V t! ,ps .OS x33d'� �3> � ......... .or c 3niviAv Oa'3C1bJSt�2d � COUNCIL MEETING : 5/13/85 AdWA ITEM NO, A - 8 • M E M O R A N D U M TO: CITY COUNCIL May 13, 1985 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of Lot Line Adjustment 16-84 LOCATION: 5270/5350 Vega Avenue (Lots 7,8, Block JB) APPLICANT: Ruth Mulkins (Dan Stewart) On January 14, 1985 , the City Council approved Lot Line Adjust ® ment 16-94, 'subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The required con- ditions have been complied with and the final map is recommended for approval. 4 i HENRY E GEN MICHAEL SHELTON Planning Direct City Manager HE:ps • i 0 paQ� 8cIL ILF� P � p N O V J Qa Ull 0 11 .41 LU w-o o i a o -g . N tit r p iCy, N I I l \ °� •�'Of�r N 41,pD'N i e CITY COUNCIL MEETING : 5/13 AGOA ITEM NO. : B - 1 • _M_E_M O_R_A_N_D_U_M_ DATE: May 8 , 1985 TO: Mike Shelton, City Manager VAX FROM: Mike Hicks, Fire Chief SUBJECT: Weed abatement hearing - May 13 , 1985 As part of the weed abatement process, the City Council is required to hear objections to the proposed removal of weeds, rubbish, and other combustible material. This hearing allows any affected property owners to protest the proposed abate- ment of hazards on their property. After .hearing the objections, the City Council overrules or allows any objection. This can be done by resolution or motion. I recommend action by motion, i.e. "I move we (allow - overrule) the objections to the proposed removal of moxious or dangerous weeds on the lots posted. " After disposing of the objections, or if no objections are made, . the Council orders the abatement of the nuisance. This also can • be done by motion or resolution. I recommend action by motion, i.e. "I move that the Fire Chief or his authorized representatives are ordered to abate the nuisance of noxious or dangerous weeds on the lots posted. " As of this date, we have not received any written protests. -y2v� y MIKE HICKS �U MH:pg • r; �1 COUNCIL MEETING : 5/13/85 AGODA ITEM NO, : B - 2 • TO: City Council May 13, 1985 FROM: Mike Shelton SUBJECT: SPECIAL STUDY COMMITTEE REPORT FOR NEW CITY BUSINESS LICENSE TAX FEE SCHEDULE BACKGROUND: A Council Subcommittee consisting of Mayor Nelson, Councilman Handshy, City Attorney Grimes, and staff requested a special study committee made up of merchants of the community to analyize a proposed modified gross receipt business license tax in lieu of the current business license tax ordinance. A number of meetings have been held and research conducted resulting in the attached report and recommendation. In the memo, the committee rejects the concept of a gross receipt for reasons stated, and recommends increasing the current annual business license fee from $15 per year to $25 per year plus an additional cost of $5 per employee with a maximum basic fee of $150 charged to any business. Though not reported, I have been informed by the chairman of the committy that the committee endorses an increase of the base proposed fee from $25 to $50 next year upon the condition the City vigorously endorses the new fee schedule enhancing fairness to merchants who pay. RECOMMENDATION: Staff recommends that the Council receive the report and the verbal presentation by Mr . Gary Brill, refer the report to staff for further analysis and recommendation for your further con- sideration at the May 27, 1985 Council Meeting. FISCAL IMPACT: Staff is computing the impact of the proposed business license ordinance as recommended by the Committee, and will report back at the next Council Meeting. MS:kv • APR J a'85 . CITY MGR. fasca&ro cfiamger of commerno 6550 EL CAMINO REAL ATASCADERO, CALIFORNIA 93422 TELEPHONE: (805) 466-2044 5 May 1985 TO: MAYOR ROLFE NELSON AND CITY COUNCIL, CITY OF ATASCADERO FROM: GARRY BRILL, PRESIDENT - ATASCADERO CHAMBER OF COMMERCE RE: REPORT OF SPECIAL STUDY COMMITTEE FOR A NEW CITY BUSINESS LICENSE TAX FEE SCHEDULE Mr. Mayor and Members of the City Council: The recommendations of the Committee are on an attached sheet. A considerable amount of time was spent in coming up with this proposal. In addition to this suggested schedule, we would like to make the following comments plus supply some background information as to what we reviewed and discussed in order to make our recommenda- tions : BACKGROUND 1. The Committee met for five study sessions . Materials reviewed and discussed were as follows : a) Business tax schedules from San Luis Obispo, Pismo Beach, Arroyo Grande, Morro Bay, and Paso Robles. b) Results of a 1983 City of Atascadero Fee Committee Report. c) The existing City Business License Fee Schedule. d) The Chamber of Commerce Investment Schedule. e) Results of a poll of a wide cross section of 34 large and small retail , professional, and service-oriented businesses . f) Draft 3 of Resolution Number 8-85 and Ordinance Number 97 presented for our study by Counciman Wayne Handshy and City Attorney Allen Grimes . g) Maggie Rice met individually with former City Finance Director Ralph Dowell to review Draft 3 of Resolution 8-85 based on gross taxable receipts . (continued) /7 PAGE TWO . COMMENTS 1. A business license based on a percentage of gross taxable receipts was overwhelmingly rejected. 2. "Keep it simple to administrate" . . . was a most frequently heard comment along with "Keep it fair so that it does not hurt anybody or discourage new businesses from locating here. " 3. The most popular concepts for business license fee structure were based on a flat fee or graduated fee based on a number of employees with a maximum amount determined. 4 . A specific amount (if one existed) of revenue desired to be raised by this taxation was not known to this Committee. The Committee understood that the purpose of a business tax is for regulatory purposes and to raise needed revenue. 5. It is recommended that a carnival or circus be charged $150. 00 per day because of the extensive police services required. b. The Committee rejected the idea of raising the basic minimum fee from the existing $15.00 to $50. 00.- 7. 50. 00:7. Recommend that door-to-door salespeople or solicitors wear a City-issued identification badge and pay a $25. 00 per day fee. 8. An area of concern was 'rummage/parking lot/garage/yard sales. We believe that a limit of 'three (3) 2-day sales be permitted per year at no charge. Anything after three (3) sales per year should be charged a $50.00 per day business license fee. What we are trying to avoid is the resident or business that is having a consistent yard sale. 9. It is strongly recommeded that a maximum rate be set for all categories except for a few exceptions listed separately. 10. In the event of any profit-oriented or commercial enterprise not covered specifically, it should be licensed for not less than the rate for general retail sales. 11. We would strongly recommend that the City not increase any fees until the new schedule has been fully enforced. A deter- mined effort should be made by the City to discover and lic- ense all existing and future businesses . D PAGE THREE • , 1 Whenever you talk about raising taxes , you are never going to get a full 100% approval. These figures were based on the majority of those working on the Committee. We are pleased that we have had this opportunity to present our views and opinions for selecting an equitable business license tax fee schedule for the City of Atascadero. We hope it will be of benefit to you toward making your final determinations. Sincerel , ar Brill and the Study Committee fo'r a New Business License Fee Schedule MIKE ARRAMBIDE JERRY LEWIS TOM MC NAMARA IRWIN MANNING MAGGIE RICE DAVE ZIMMER ERIC MICHIELSSEN FLOYD ANDERSON ART JAZWIECKI SUGGESTED BUSINESS LICENSE FEE SCHEDULE • AN APPROVED LICENSE-MUST BE OBTAINED PRIOR TO CONDUCTING ANY BUSIiESS IN THE CITY OF ATASCADERO . FOR BUSINESSES NOT LISTED BELO'' , PLEASE CONTACT THE CITY FINANCE OFFICE FOR ASSISTANCE IN DETER? INING YOUR LICENSE FEE. (Penalty Rate - 107 of fee per month) U%XI.,iUi,4l RATE IN ANY CATEGORY SET AT $150 . 00 PER YEAR AL �LSI.,�SSLALLExce�,t -hose in sDecific categories : OVr- Mncr or �• anace- --------------------------------------- $25 . 00 /v-* I Plus each employee. ------------------------------------- 5 . 00 1 >,- — T m.-.nr� 1..�S CA��:;J?.Y 1 . Professlons and Service Oriented Businesses --- $25 . 00/`>"r + 25. 00 oer associate Plus each employee ---------------------------- 5 . 00/yr - . lnanui$c-carers , �lnolesalers , Pac in., Houses , $25 . 00 !t*:" F a E,--s `arr,e is , P.ss emin n ant-s , a::l+ erinip.Lo`, ,<<- Similar i ,s ..resses _ran.,-`er (Trucking), Businesses --------------- $-1 . r� i-,-_- 0 - _ t ru c't< � . Real Estate Office: - Broker/rianager ---------- $25. 0.0 <,,r -r 5 . 0 *�cr emplovec I.1depeneent , self-supervise broker in same O±fice ------------------------------- $�5 . 0(i/'T. Eac}: ,eneral , �pe.c- a1ty , cr Subcon--ractor -------------- S 50 . 00/>>, Out-cf- o-wn Contractors -------------------------------- y,25 . 00/job or $50 . 00/y iJ�T? ti XOTELC i-31 rooms ------------------------------------------- - 0 - 4-10 rooms -----•------------------.-.-------------------_--C?� .ar r: acid ' ! roor,i ----------------------------------------- 00/rc)o-z TRAILER/MOBILE MIJ&PARRS • 1-3 Spaces ------------------------------------------ - 0 - 4-10 Spaces ----------------------------------------- $25. 00/group Each add ' l Space ------------------------------------ 1 . 00/space APARTMENT HOUSES . COURTS , BOARDING OR ROOi, ING HOUSES 1-3 Units ------------------------------------------- - 0 - 4-10 Units ------------------------------------------ $25 . 00/group Each add' l Unit ------------------------------------ 1 . 00/unit HOME I.00ATTON (N0 E.iPLO ErS) ------------------------ $25 . 00.ivear hOSIDIT LJ SAIT_.. 9_-TTT1,�S , RES— OF 1PST_? iASYL S First10 beds ---------------------------------------- Each -------------•----- -------------- ----Each add ' IL bed -------------------------------------- I . Q0 eC! =0T TTO S ?FDD PED: - N_. 1T"E�R_-11- V .�:LniRS Principal plus one Solicitor ------------------------ C25 . 00/da; Y Each add ' 1 Solicrtcr --- --------- ---------- -------- 10 00/da � � .-n. ten. � - =_ _ .._ ------ + _ 1 l.. ' ( �/ s �tiaC l / �.ci. ScL1e el Y ie� E1> '� i:� . cu ,r (�-d a 1 1 -------------------------- S ^ . C 1� v Ca ARC;__D E.J -.------•-----.---------_..---------.-------------.- y.?✓ . 0 ji 'e u.'_. Plus per mac:nine ------------------------------------ 1 . 00Jmac inG (Ivo permanent place o- business) -------------------- $5 0 . 00/day, "L: .1 nE:.t pla`c' of bilSlnGSS1 ----------------------- $15 . 00/yea- +�5. 00 pc,r employee i-7V iT'. tlrIP 0:.vL-lti ler GAi` E" 0 HH.i,,4. 'ven-Profit Organization can be declares exempt DC-izv Council -------------------------------------- V --------------------- ------------ i) - u_ iaa�- 77 C' b. C S Cr ..." 51. rE- ._i ^1c V: C-_ :?oo�n`- ---- --------------------- . 'JV. da`. i ` L'I V1' J o- FESTIVALS , FAIRS ,&ZAARS (Sponsored by non-Wit orZanizations ) City Council - Exempt --------------------------------- CIRCUSES , --------- --------------------C;R USES , ETC Each Business ----------------------------------------- X150. 00/day NO -FRANCHIZED PUBLIC UTILITIES EaZH Utility ------------------------------------------ $ 75 . 00/year J TAXICABS First Vehicle ......................................... $ 25 . 00/year Each add ' L Vehicle .................................... 5 . 00 yea r VEHICLE DELIVERIES Each business ----------------------------------------- $ 25 . 00/year Fee per sticker per vehicle ........................... 5 . 00/year C`?INE (BUSINESS LICENqEj -------------------- $ 25. 00/'Y,ear Each Machine ----------------------------_ ............. $ 1 . 00/machine r COUNCIL MEETING : 5/13/85 ADMINISTRATION BUILDING qq ITEM N:p., CIT ATTOR Y _ A POST OFFICE BOX 747 PEST ONCE.B 749 '- - ATASCADERO, CALIFORNIA 93423 ATASCADER 3. PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL � CITY CLERK POLICE DEPARTMENT. CITY TREASURER Own POST OFFICE BOX 747 CITY MANAGER• PERSONNEL INCORPORATED JULY 2, 1979 ATAS PHONE: (05) 466 CALIFORNIA NNELDEPART .93423 FINANCE ENT �. PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT, - 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 ....�» PHONE: (805) 466-2141 MEMORANDUM May 8, 1985 To: Michael Shelton, City Manager From: Allen Grimes, City Attorney Subject: Resolution Activating the Provisions of Ordinance No. 101 Relating to the Planning Commission and Parks and Recreation Commission • Attached please find a resolution which declares that Ordi- nance No. 101, relating to the Planning Commission and the Parks and Recreation Commission, becomes operative immedi- ately, so that the Council may appoint members to the new Planning Commission. I have discussed this matter with the Mayor and he advises me that the Council wishes to allow the present members of the Parks and Recreation Advisory Board to continue to serve as members of the new Parks and Recreation Commission. The terms of the old body and the new body phase in properly. Thus, this can be done without disrupting the board members. AG:fr Attachment CC: Henry Engen, Planning Director Bob Best, Recreation Director • j ��v RESOLUTION NO. 35-85 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DECLARING ORDINANCE NO. 101 AND CHAPTER 9 OF TITLE 2 THEREOF, RELATING TO THE PLANNING COMMISSION, AND CHAPTER 13 OF TITLE 2 THEREOF, RELATING TO THE PARKS AND RECREATION COMMISSION, OPERATIVE IMMEDIATELY The Council of the City of Atascadero does resolve as follows: Section 1. Pursuant to Section 7 of Ordinance No. 101, the provisions of Chapter 9 of Title 2 thereof, relating to the Planning Commission, and Chapter 13 of Title 2 thereof, relating to the Parks and Recreation Commission, are hereby declared opera tive immediately. PASSED AND ADOPTED at a regular meeting of the Council of the City of Atascadero, held on , 1985. ROLFE NELSON, Mayor ATTEST: ROBERT JONES, City Clerk APPROVED AS TO CONTENT: m r, 10,, MICHAEL SHELT , City Manager APPROVED AS FORM: N ALLEN GRIMES, City Attorney E COUNCIL MEETING_ 5/13/85 Ad*A ITEM NO, : C - 1 B RESOLUTION NO. 37-85 • A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPOINTING MEMBERS TO THE CITY PLANNING COMMISSION WHEREAS, the City Council has adopted Ordinance No. 101 relating to the establishment of a city planning commission; and WHEREAS, public advertisements soliciting interest in -appointment to the planning commission have been published; and WHEREAS, the City Council did receive 33 applications for consid- eration; and WHEREAS, the City Council did, on April 29, 1985 , consider 26 candidates for appointment to the planning commission; and WHEREAS, on May 6 , 1985, City Council did vote for specific nomin- ations to the planning commission. NOW, THEREFORE, the Council of the City -of Atascadero does resolve to make the following appointments to the planning commission: • 1. One year terms which will expire August 1, 1986 : a. Thomas Hatchell b. Nellie Kennedy C. Wayne LaPrade 3. Three year terms which will expire August 1, 1988: a. Jerry Bond b. Eric Michielssen C. Ed Nolan d. Carla Sanders NOW, THEREFORE, the Council of the City of Atascadero does further resolve that this resolution shall take effect immediately. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: • \AIrl Resolution No. 37-850 0 ADOPTED: By ROLFE NELSON, Mayor City of Atascadero, California ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager PREPARED BY: HENRY ENGEN, Planning Director • 2 CO CIL MEETING 5/13/85 AA ITEM N0, C - 2 M E M O R A N D U M • TO: City Council May 13, 1985 VIA: Michael Shelton, City Manager ` FROM: Henry Engen, Planning Director RE: Atascadero Unified School District Presentation - Development Fees for School Facilities BACKGROUND: At the Council meeting of April 22, 1985, the report of the City/ School District Committee was presented. At that time a schedule was also established for City Council consideration of the school dis- trict' s request for adoption of a resolution declaring the school district impacted and to consider a resolution dealing with develop- ment fees and ultimate consideration of an ordinance establishing in- terim development fees for temporary classrooms. . SCHOOL BOARD ACTION: At the meeting of May 6, 1985 , the School Board considered the • attached agenda material and approved the accompanying Resolution No. 12 which outlines the proposed agreements that would be entered into between residential development applicants within the City and school district prior to processing of a building permit. It also contains a draft resolution proposed for the Council' s consideration agreeing with the school .district' s findings of overcrowded conditions existing in the school district. This item is on the agenda to allow for a pre-public hearing presentation by school district personnel of the proposed resolution. ACTION REQUESTED: Following discussion, establish May 28, 1985 as a date for public hearing before the City Council to consider the draft resolution. If a crowd larger than can be accommodated in the Rotunda Room is expected, this can be held at the Prather Building at the Junior High School. HE:ps Enclosures: School Board Staff Report Re: Board Resolution No. 12/ Developer Fee Resolution No. 12 - Adopted by School District Draft City Council Resolution cc: Dr. Anthony Avina • AGENDA ITEM BACKUP SIIEEO ITE1,1: Board Resolution '12/Develop er Fee r OVERVIEW: The City and School Committee, which was formulated as a result of the Board ' s action in December, has been meeting to identify ways to meet the growing need for school facilities in this growing community. As a result of the meetings, the Board of Education has been asked to address , in a formal fashion, three concerns raised during these discussions. The first concern deals with how any fees assessed for new development would be utilized in the District ; secondly, how the Board of Educatioji would account for those funds ; and finally , the amounts to be collected by the schools. The Board of Education , in adopting resolution #8 on December 17 , 1984 , adopted a schedule of fees identical to those currently utilized by the County . The fees are based on the number of bedrooms in a dwelling along with the total square footage. They include the following : 0-1 bedroom, 849 so . ft . or less $300 0-1 bedroom, 850 sq . ft. or more 500 2 bedroom, 1349 sq . ft. or less 500 2 bedroom, 1350 sq . ft . or more 700 3 bedroom, 1949 sq . ft . or less 700 3 bedroom, 1950 sq . ft . or more 900 4! bedroom, regardless of sq . ft . 900 These funds would be collected by the school district and deposited in an account for the purpose of leasing temporary facilities . The individual would have the option of designating those fees for permanent facilities if he/she so desired. The City has asked that the Board adopt a formal resolution to that effect . That resolution would then be considered by the City Council in any further deliberations on this matter . RATIONALE: The resolution is needed in order to continue the process of developing an appropriate "201" ordinance. C` J A copy of_ resolution- 7#12 is attachedaswell as Exhibit A, which is the proposed Developers ' Agreement . Also attached is the proposed resolution of the City Council which would concur with the findings of the District, The District Administration will make a presentation to the City Council at their meeting of May 13 , 1985. RECO` MENDATION: The Administration therefore recommends that the Board of Education adopt resolution #12 which addresses those concerns. Board of Education Meeting of May o , 1985 F f • RESOLUTION NO. 12 • 1 ATASCADERO UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION RESOLUTION REGARDING CONDITIONS OF 2 OVERCROWDING LOCATED IN SCHOOL ATTENDANCE AREAS WITHIN THE CITY OF ATASCADERO 3 4 R E C I T A L S: 5 WHEREAS, this Board on December 17, 1984 adopted a Reso- 61lution making those findings required by Government Code Section 7 65971 requesting that the Board of Supervisors of the County of 8 San Luis Obispo and the City Council of the City of Atascadero 9 impose fees as specified in that Resolution as a condition of 10 approval of residential development within the District; and 11I WHEREAS, this Board has been informed that the City 12Council of the City of Atascadero will hold a public hearing on 13 ' May 28 , 1985 on ,the findings of overcrowding made by this Board in 14 that Resolution after which the City Council will be asked to take 15 action concurring in those findings; and I 16 WHEREAS, the Superintendent of this District as well as i i 17 representatives of this Board have met with officials and members 18 of the City Council of the City of Atascadero, at which meetings 19 the Superintendent and Board representatives have indicated their 20 willingness to enter into voluntary agreements with persons seek- 21 ing approval by the City Council of the City of Atascadero of 22 ! residential development within the City, which agreements will 23 provide for the payment of money to alleviate overcrowding in this 24 district which would be caused by such development in amounts not 25 to exceed those specified in this Board's Resolution of 26 December 17, 1984 and to immediately inform the City Council of 27 the City of Atascadero when the findings contained in that Resolu- SLH: r28 tion cease to be valid; and L/3004-85 -1- 1�� • 1 WHEREAS, the Superintendent of this District has recom- 2 mended that this Board affirm that it is willing (pending adoptice 3 by the City Council of the City of Atascadero of an ordinance pur- 4 suant to Government Code Section 65970 , et seq. and application of 5 that ordinance to this District) to enter into voluntary agree - 6 ments with persons seeking approval of residential development 7 within the City of Atascadero, and that it will immediately inform 8 the City Council of the City of Atascadero when any of the find - 9 ings contained in this Board' s December 17, 1984 Resolution cease 10 to be valid. 11 NOW, THEREFORE, BE IT RESOLVED by the Board of Education 12 of the Atascadero Unified School District as follows: 13 1. The above recitals are true and correct. 14 2. Pending adoption by the City Council of the 15 City of Atascadero of an ordinance pursuant to Government 16 Code Section 65970, et seq. and application of such ordinance 17 to the Atascadero Unified School District, this Board agrees 18 to enter into agreements substantially in the form of Exhibit 19 "A attached hereto with persons seeking approval by the City 20 Council of residential development, which agreements will 21 permit such persons to pay (in the case of applications for ! i 22 building permits ) or promise to pay ( in the case of requests 23 for rezoning property for residential use or approval of ten 24 tative subdivision maps for residential purposes ) those 25 amounts specified in Exhibit "A" in consideration of the Dis- 26 trict' s representation to the City Council that the over- 27 crowding expectedtobe attributable to said residential 28 development is or will be mitigated by such payments, -2 . i • 1 3 . This Board also agrees to immediately inform 2 the City Council of the City of Atascadero when it becomes 3 aware that the findings made in the December 17, 1984 Resolu- 4 tion cease to be valid. The Board hereby directs the Super- 5 intendent to report to this Board and the City Council of the 6 City of Atascadero quarterly as to the amounts of money 7 received under these agreements , the amount and object of 8 expenditures made with the money so received and whether the 9 findings in that Resolution continue to be valid. i0 4. This Board resolves that a School. Overcrowding 11 Fund shall be established into which any payments received 12I pursuant to these agreements for pursuant to any school 13 facilities ordinance ultimately adopted by the City Council 14 of the City of Atascadero) shall be deposited and hereby 15 authorizes the County Auditor and the County Treasurer to 16 establish said Fund for the District. 17 PASSED AND ADOPTED BY THE Board of Education of the 18 Atascadero Unified School District at its regular meeting of 19 May 6, 1985 by the following vote: 20 AYES: Baer, Beck, Boche , Brown , King , Merrick, Thiebaud . 21 NOES: None . 22 ABSENT: None . 23 ABSTENTIONS: 24 DATED: May 7 1985 25 26 AUTHONY AVINA, S intendent • 27 Secretary to th oard of Trustees 28 -3- , I I hereby certify that the foregoing is a full, true and 2 correct excerpt from the Journal of the Board of Trustees oertail 3 ing to the adoption of the foregoing Resolution at a meeting held 4 on May 6, 1985 ^� 5 N PibNY AVINA,: 6'r-� n ndent 7 eceeetary to Board of Trustees 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 s 28 -4- • • EXHIBIT "A" 1 AGREEMENT 2 THIS AGREEMENT, made and entered into this 3 day of , 19 , by and between the ATASCA 4 DERO UNIFIED SCHOOL DISTRICT ( "District" ) and 5 ( "Developer" ) 6 W I T N E S S E T H 7 WHEREAS, the Developer is an applicant for approval of 8 residential development within the meaning of Government Code Sec - 9 tion 65972 relating to certain property known as i0 11 12 ( "Property" ) , which is located within the boundaries of the Dis- 13itrict and the City of Atascadero; and 14 WHEREAS, the District has found that proposed residen- 15 tial use of the Property would either cause conditions of over- 16 crowding to exist or aggravate existing conditions of overcrowding 17 in its school or schools serving the Property; and 18 WHEREAS, the District has further found no feasible 19 method for reducing such conditions of overcrowding which now 20 exists; and 21 WHEREAS, the City Council of the City of Atascadero, on 22 adopted a resolution concurring in these find- 23 ings ; and 24 WHEREAS, the Developer contemplates that, unless the 25 District represents to the City Council of the City of Atascadero 26 that a feasible method for reducing such condition of overcrowding 27 exists , the Developer' s application may be denied pursuant to SLH: r38 Government Code Section 65972 or the Developer may required to L/3004-85 -1- ' 1 make dedications and/or payments pursuant to an ordinance enacted 2 pursuant to Government Code Section 65974; and 3 WHEREAS, a feasible method for reducing such conditions 4 f overcrowding would exist if the Developer were to voluntarily 5 contract to pay to the District certain sums to be used for capi- 6 t,al expenditures, including, but not limited to, those for addi- 7 tional classroom facilities in accordance with the following 8 schedule 9 0-1 Bedroom Dwelling Unit , 849 sq. ft . or less - $300.00 i0 0-1 Bedroom Dwelling Unit , 850 sq. ft . or greater $500.00 11 2 Bedroom Dwelling Unit , 1349 sq. ft . or less $500.00 12 2 Bedroom Dwelling Unit , 1350 sq. ft . or greater $700.00 13 3 Bedroom Dwelling Unit , 1949 sq. ft . or less $700.00 14 3 Bedroom Dwelling Unit , 1950 sq. ft . or greater $900.00 15 4 or more Bedroom Dwelling Unit , regardless of sq. ftg. $900.00 16 1 . EITHER (check and initial applicable blocks) 17 a. Developer is applying for an entitlement for residential development ( including, but not limited to, precise plan, 18 conditional use permit , or subdivision approval) and agrees to pay to District voluntary fees in the. total amount of 19 $ (computed per the schedule above, to be used for capital expenditures) , unless the City of Atascadero has 20 adopted an ordinance pursuant to Government Code Section 65970 and following prior to issuance of a building permit or 21 permits, in which case the Developer shall pay such amount as is computed per the then applicable schedule adopted by 22 the City Council of the City of Atascadero pursuant to that ordinance and to have payment of those fees established by 23 the City of Atascadero as a condition of entitlement for residential development . 24 OR 25 b. Developer is an applicant for a building permit or permits 26 and hereby tenders to the District voluntary fees in the total amount of $ (computed per the schedule above, 27 to be used for capital expenditures) as a condition of issu- 28 ance of, that permit or permits: /// -2- , 1 2 . EITHER (check and initial applicable blocks) 2 a. District in consideration of Developer' s promises in para- graph 1 above agrees to make the representation specified in 3 paragraph 7 below. 4 OR 5 b. District agrees to expend the voluntary fees, whose receipt is hereby acknowledged, for capital outlay purposes and to 6 make th i e representation p on .specified in paragraph 7 below. 7 3 . School Overcrowding Fund. 8 Moneys received by the District pursuant to this Agree 9 ment shall be deposited in a School Overcrowding Fund and shall be 10 used by the District solely for capital expenditures for the pur- 11 pose of mitigating the effects of overcrowding caused by residen- 12 tial development . 13 4. Sale by Developer of Property Without Improvements 14 Prior to Payment of Fees. 15 Nothing herein shall be construed to prohibit the Devel- 16 oper from selling the Property or any portion thereof either with 17 or without a residence thereon. If the Developer' s application 18 for an entitlement for residential development is granted and the 19 Property or any portion thereof is thereafter sold by the Developer 20 prior to payment of the fees specified above, the Developer covenants 21 that each buyer shall take title with notice of this Agreement and 22 will be required by the contract of sale entered into with the Devel- 23 oper to assume the obligations of the Developer hereunder to make 24 payments specified above. Notwithstanding any such sale and 25 assumption of obligations by the Buyer, the Developer shall remain 26 liable for the payments to be made pursuant to this Agreement and, 27 in the event of any default on any of such payments by any such 28 buyer, the Developer shall , within ten (10) days following receipt -3- • 1 f demand therefor, remit to the District the amount of such 2 installments in default. The District shall not be required; as 3 condition precedent to the making of such demand upon the Devel- 4 oper , to take any affirmative action to collect such delinquent 5 payments from such buyers. 6 5. Attornev' s Fees . 7 I'n the event suit is brought by the District to enforce 8 the payment of any amount which has become due under this Agree- 9 ment, a reasonable attorneys' fee to be fixed by the court shall 10 be paid to the prevailing party by the other party. 11 6. Develooer 's Waiver of Claims. 12 Developer agrees not to seek, and waives any claim or 13 ;rightto recover, the fees paid under this Agreement except to the 14 (extent that they are not used by District for the purposes s_Deci- 15 Ified in Paragraph 3, above. 16 7 . District' s Representations to the City of 17 Atascadero. 18 1 The District shall represent to the City Council of the 19 City of Atascadero, in such manner and at such time during the 20 ; term of -this Agreement as the Developer may reasonably require, 21 that- by reason of this Agreement a feasible method exists for 22 reducing the conditions of overcrowding of schools which would 23 otherwise be caused or aggravated by the construction of resi 24 dences on the Property which construction is authorized by build- 25 ing permits issued before or during the term of this Agreement. 26 The District shall be under no obligation to make _any such repre- 27` ' sentations respecting construction authorized by building permits 28 issued after the expiration of the term of this Agreement. -4- 1 8. Term of Agreement . 2 The term of this agreement shall commence on the day and 3 year first above written and shall terminate upon expiration of the 4 entitlement . 5 IN WITNESS WHEREOF the parties hereto have executed 6 this Agreement as of the day and year first above written . 7 ATASCADERO UNIFIED SCHOOL DISTRICT 8 9 By i0 11 DEVELOPER(S) 12 13 14 15 16 STATE OF CALIFORNIA ) 17 COUNTY OF SAN LUIS OBISPO) ss , 18 On this day of in the 19 year before me, the undersigned, a Notary Public, per- 20 sonally appeared 21 personally known to me (or proved to me on the basis satisfactory 22 evidence) to be the person(s) whose name is/are subscribed to this 23 instrument , and acknowledge that he/she (they) executed it . 24 25 26 27 } 28 -5- 1 RESOLUTION NO 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO CONCURRING IN FINDINGS OF OVERCROWDING, 3 MADE BY THE BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT 4 5 WHEREAS, the Legislature of the State of California has 6l:enacted GovernmentCode Sections 65970 and following in order to 7 provide a means to alleviate overcrowding in public schools caused 8 by new residential development; and 9 WHEREAS, that statute provides that whenever a school 10 district finds schools will be overcrowded as the result of proposed 11 residential development, and the City concurs , no further residen- 12 tial development may be approved until an ordinance is adopted and ( ' fees or dedication of 13 implemented-, providing for the payment of e s 14 land by residential developers to the school district; and 15 WHEREAS, the Board of Trustees of the Atascadero Unifio 16 School District (hereinafter' the "Board") has made and presented to 17 the City Council of the City of Atascadero a Resolution attached 18hereto and incorporated as Exhibit "A" containing findings, sup 19 ported by clear and convincing evidence, that (a) conditions of 20 overcrowding exist in the attendance area of the District within 21 the City of Atascadero which will impair the normal functioning of 22 educational programs including the reasons for such conditions 23 existing; and (b) that all reasonable methods of mitigating condi 24 tions of overcrowding have been evaluated and no feasible method 25 for reducing such conditions exist; and 26 WHEREAS, officials of the Atascadero Unified School Dis- 27. trict have expressed their willingness to enter into voluntary 28 agreements with persons seeking approval by the Council of SLH:rl m/3-29/85 Ilresidential development within the City, which agreements will wi 11 2iprovide for the payment of money to alleviate overcrowding in the 3 ,Atascade-ro Unified School District which would be caused by such 4 development in amounts not to exceed those specified in Exhibit "A" 5 and to immediately inform this Council when the findings above 6 cease to be valid; and 7 WHEREAS, the City Council of the City of Atascadero held 8 a public hearing on on the find- 9 ing of overcrowding of the Board; and i0 WHEREAS, at the conclusion of such hearing, the City 11 Council of the City of Atascadero has determined that it concurs in I 12 the finding of overcrowding made by the Board. 13 NOW, THEREFORE, BE IT FOUND AND RESOLVED by the City 14 Council of the City of Atascadero as follows: 15 1. The above recitals and findings, incorporated herein, i 16 are true and correct. 17 2. This Council hereby concurs in the findings of the 18 Board that (a) conditions of overcrowding exist in the attendance 19 area of the District within the City of Atascadero which will impair 20 p the normal functioning of educational programs including the 21 reasons for such conditions. existing; and (b) that all reasonable 22 ethods of mitigating conditions of overcrowding have been evaluated 23 and no feasible method for reducing such conditions exist. 24 I HEREBY CERTIFY that the foregoing Resolution was passed 25 and adopted by the City Council of the City of Atascadero at a 26 regular meeting thereof held on the day of , 27 by the following vote : 28 -2- �I ii 1 AYES 2 NOES 3 ABSENT: ' 4 5 MAYOR OF THE CITY OF ATASCADERO 6 7 ATTEST: 8 9 City Clerk of the City of Atascadero 10 APPROVED AS TO FORM: 11 City Attorney of the City of Atascadero 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. _ 28 -3- �0 COUNCIL MEETING : 5/13/85 AODA ITEM NO, : C 3 • TO: Honorable City Council May 13, 1985 FROM: Michael Shelton SUBJECT: ADDITIONAL LIBRARY PLEDGE RECOMMENDATION: The City Council, by motion, pledge an additional $50 , 000 to the County for construction of a new library to enhance chances of obtaining outside grant funding. The additional pledge of $50 ,000 will be contingent upon successful acquisition of an out- side grant and will be rescended if the grant is unsuccessful. BACKGROUND: I am attaching my memo to you dated April 27, 1985, which provides the background and recommendations on this issue. As one of two recommendations, I asked you to hold off in your decision of pledging another $50 ,000 towards the construction of the library until after your May 9th Special Budget Meeting. Since your last Council Meeting, theCountyBoard of Supervisors, • at their April 23, 1985 Board Meeting, approved the expenditure of $9 ,675 to fund half the cost (Friends of the Library will pay the other half) of schematic designs necessary for submission of the grant. The Supervisors, at their May 7 Board Meeting, awarded the -architectural bid to Architects West. As you are aware, the City has been successful in acquiring outside funds for the Administration Building, making it possible to address some of the office space problems, including some renovations for Police and Planning. Also, financial resources of the City are such that we are not able to address additional building and facility needs away from this structure. I recommend your favorable consideration of pledging an additional $50,000 for the library for the following reasons: 1. The additional funds will significantly enhance the chances of successfully competing for a grant. 2. The acquisition of a new library, fully maintained and operated by the County, upon completion, is an outstanding amenity for the community. 3. Successful acquisition of a new library will free up current space on the first floor of the Administration Building, and greatly alleviating our space problems. • 4. If the grant is not successfully obtained, the $50 ,000 pledge is resinded, and will be available for other priorities. Alternatives: With the contributions already pledged from the County, Friends of the Library, and the City, a 50% qualifying match is available for the potential grant. The grant will compete, though not nearly as favorably, without further commitment from the City or some other organization. Fiscal Impact: A $50,000 cost against fiscal year 1985-86 funds will be incurred if the grant is successfully obtained. i COUNCIL MEETING: 5/13/85 AGWA ITEM NO, : C - 4 M E M O R A N U M TO: CI`1'Y MANAGER AND CITY COUNCIL G - • FROM: CHIEF OF POLICE SUBJECT: POLICE FACILITY DATE: MAY 8 , 1985 Background: As you all know, during the past five years , the issue of housing the police department in a suitable facility has been a major item of discussion. There are almost as many opinions about this topic as there are people in our community! Two community-based committees very thoroughly studied police facility needs and numerous alternatives were considered and recommended. Additionally, our City facility needs were sur- veyed by the consulting engineering firm of John Corolla and Associates about two years ago. During the Council Meeting of March 11, 1985 , I reviewed about a dozen alternatives which have been considered by City staff members. The most recent outcome of all of this was our focus upon the acquisition of the Hendrix Medical Building on Principal Ave. which was being offered for sale at $450,000 cash. Council will recall that this building encompasses 4700 square feet with a land parcel of 26,000 square feet. In considering the offer, our City ordered a commercial appraisal of the Hendrix Building, the results of which place the current value at $435,000 . Having received the appraisal, the appropriate question now arises: Can we build a more suitable police facility for less? Using the figure of $72.00 per square foot, we find that a facility of *comparable size can be built on City-owned land for approximately $338 ,400 . Thus, the comparison of a new building versus the Hendrix Building indicates that for roughly the equivalent amount, we could in fact erect a new facility spe- cifically designed for our use. In terms of preference, based upon my professional judgment, I would prioritize the facility alternatives as follows: Choice #1: Build a new facility. Choice #2: Relocate into an existing structure such as the Hendrix Building. • *Based upon local and national norms , a police agency of our size should have a facility ranging in size from 7 , 200 square feet to 9, 900 square feet in area with land about four times the building size. • • Choice #3: Remain in the City Administration Building with appropriate improvements allowing for adequate space and secure operations. Obviously, the overriding concern in this matter is the issue of funding. On Monday, May 6, Finance Director Ray Cassidy and City Manager Mike Shelton made a presentation to City staff relating to our current financial status. The picture portrayed in this meeting was rather gloomy and the prospect of a separate police facility now seems rather remote. Assuming, as I must, that the information and forecasts are correct, our City cannot at this time build or acquire a new police facility. I will once again re-emphasize that I do not feel that the City Administration Building is suitable as a police facility for numerous reasons already stated, in spite of the fact that it is our intention to expend $240 , 000 in City funds plus another $300 , 000 in grant funds for renovation/remodelling. That having been stated, it is clear to me that inasmuch as funds do not appear to be available for a separate facility, our P.D. must remain in the Administration Building. Impacting our continuing occupation of this building, of course, is the question of whether or not the County Library will continue as tenants over a long term period - contingent upon a pending grant request (to be decided in July - August, 1985) . Recommendation: 1. Pending the accrual of adequate funds to build a suitable police facility, the Atascadero Police Department must remain in the Atascadero Administration Building. 2. Renovated areas designed for police operations must provide for adequate space and design so as to assure an efficient work flow as well as an appropriate secure environment conducive to a high level of productivity. 3. Inasmuch as remaining in City Hall is considered an interim measure, it is further recommended that City Council , by resolution, establish a specifically designated fund in our capital improvement budget for the eventual construction of an appropriate police facility. Further, that as additional funds become available, top priority over other programs/projects be given to placing such funds in the facility account. 0111� RICHARD H. McHALE RHM: sb COUNCIL MEETING_ : 5/13/85 • AODA ITEM NO.) C - 5 • MEMORANDUM TO: City Council May 13, 1985 VIA: Michael Shelton, City Manager aL� FROM: Henry Engen, Planning Director 41V'j RE: Report on Status of Christian Home Appeal - Archeological Investigation (C.U.P. 29-84) BACKGROUND At your meeting of April 8 , 1985, the appeal of the approval of the Planning Commission' s approval of a conditional use permit for the Christian Home on Santa Rosa was continued for thirty days. The rea- son for the continuance was the finding on that date of the existence of archeological finds on the property which necessitated investigation. CURRENT STATUS • Mr . Mike Arrambide has transmitted to staff copies of their completed archeological report. Although staff has not had the opportunity to study the report in detail, it appears that only minor modifications to the use permit will be required to respond to the results of the investigation. In essence, this would be the addition of a condition to limit grading for building pads and to monitor work on the site. RECOMMENDED ACTION Set Tuesday, May 28, 1985 as the date to consider the appeal of the approval -of Conditional Use Permit 29-84 and modified conditions per- taining to archeological mitigation measures. HE:ps cc: Mike Arrambide Gary Harcourt John Dorman • 1A COUNCIL MEETING: 5/13/85 AODA -ITEM NO, C - 6 M E M O R A N D U M TO: City Council May 13, 1985 VIA: Michael Shelton, City Manager FROM: Henry Engen, Planning Director RE: Improvement of Noticing Procedures BACKGROUND At the Council meeting of April 22nd, Council endorsed utilization of City logo advertising for planning matters coming before both the Planning Commission and City Council. This was implemented beginning with the Friday, April 26 , 1985 edition of the Atascadero News. A third public notice ad was begun on that date with public notice of "Development Approvals" which lists precise plans that have been ap- proved and their appeal deadlines. In addition, with respect to 300 foot mailing notices to property owners adjoining areas proposed for rezoning, conditional use permits, lot splits, etc. , we have begun to • include a- locational sketch map to better orient neighbors to the property being scheduled for a hearing. In addition, we have elimin- ated some of the jargon that has historically gone into these ads. At the April 22nd Council meeting, staff was directed to report back on the possibilities for posting properties, especially those diffi- cult to locate on the ground. FORMER POSTING PRACTICE Under the old zoning ordinance, all properties subject to public hear- ings or planning entitlements were posted with the name and date of hearing and the essentials of the request. This was deleted in the revised zoning ordinance due to the cost and time involved sending individuals out to post properties for proper dates, and going back and to remove the notices after the hearing periods were over. Another problem attendant to this process was the fact that not infrequently, signs would be vandalized and people showing up at hearings would claim that they were denied the proper opportunity to think about the project owing to the absence of notifications on the property. To resume this practice, it is roughly estimated to cost the City $5,000 annually in staff time plus the costs of gas and materials. PROPOSED ALTERNATIVE In discussing the subject further with Councilwoman Mackey, she advised that her primary problem is in - identifying street locations and sites where there is little development and no street address. We will begin requiring applicants who have properties proposed for dev- elopment that are are not marked by street addresses to provide a 1 Improvement of Noticing Procedures stake at the property line three feet in height with the street ad- dress located thereon. At present, the applicants provide staff with lists of the names of people within 300 feet of the hearing site. Thus, adding this requirement would put a minor additional responsi- bility on the applicant. They would also be able to take the stake down when it is no longer needed. As a final note, there are statutory requirements to post certain properties under the Streets and Highways Code when street abandon- ments and the like are being proposed. This will still continue to be required as noted by Councilwoman Norris at the last meeting. 2 COUNCIL MEETING 5/13/85 A(11)A ITEM NO',-: D - 1 - A M E M O R A N D U M To: City Council Via: Mike Shelton, City Manager From: Bob Best, Recreation Director Subject: Proposed Ordinance No. 105 Background Attached is proposed Ordinance No. 105 - adding Chapter 1 to Title 10 of the Atascadero Municipal Code relating to Parks and Recreation. This ordinance has been through numerous staff reviews and discussions by City department heads. In addition, the Parks and Recreation Commission has been provided the opportunity for input. Key areas of interest include 10-1. 28 Swimming; 10-1.30 Hours of Operation; 10-1. 31 Public Use Fees; 10-1. 33 Overnight Camping. Section 10-1. 28 Swimming has created the most controversy, as feel- ings have been mixed concerning whether or not to allow swimming at Atascadero Lake. The Parks and Recreation Commission is in favor of swimming providing we take the necessary safety precautions. This public hearing has been noticed as required. • Recommendation to Council I recommend passage of Ordinance No. 105 as written. This will provide City staff the much needed regulations for usage of recrea- tional facilities. Impact of Action The Council may elect to change any section of the Ordinance. As mentioned earlier the Swimming Section (10-1. 28) is likely to create the most controversy, particularly if a no swimming policy is adopted. The financial impact to the City concerning this Ordinance should be minimal, if any. • ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 1 TO TITLE 10 OF THE ATASCADERO MUNICIPAL CODE RELATING TO PARKS AND RECREATION The Council of the City of Atascadero ordains as follows: Section 1. Chapter 1 is added to Title 10 of the Atascadero Municipal Code to read as follows: TITLE 10 CHAPTER 1 - ATASCADERO CITY PARK 10 - 1.01. Definitions.. As used in this chapter , unless the context clearly requires a different meaning, the following words have the following meanings: (a) "Aquaplane" means any park , surfboard, water ski or other device used for transporting, conveying, or carrying a person who is towed or pulled by any boat by means of a rope, chain, cable, wire, or other connection. (b) "Department" means director of City of Atascadero department of Public Works. (c) "Horse" means any member of the equine family; (d) "Lake" means Atascadero Lake. (e) "Park" means any municipal area open to the public for recre- ational purposes, including the Atascadero Lake, zoo, picnic area, ballfield, Sunken Gardens, and Paloma Creek Park. (f) "Park Personnel" means all department personnel charged with the responsibility of maintenance and management of Ata- scadero Recreational Areas and "park personnel" includes the Director and Assistant Director of Public Works. (g) "Motorboat" means any vessel propelled by machinery & capable of transporting a person. 10 - 1.02. Authority of Park Personnel. 1 � illl Park personnel are authorized to direct the visiting public it its use of the park according to statutes, ordinances, rules and regu lations applicable to the park . In the event of fire or other emer- gency, to expedite traffic, to insure safety of the persons in the park, to insure against pollution of the Lake, or to protect property and facilities inthe park, park personnel may direct the public as conditions may require notwithstanding other provisions of this chapter. 10 - 1.03. Restriction of Public Use of Parks. Park personnel, the Chief of Police, and the Fire Chief are authorized to restrict the public use of the park by closing the park or any park area or any of its facilities or restricting the hours of operation for good andsufficientreasons including but not limited to the following: (a) Sanitary protection of the watershed. (b) Fire prevention. (c) Construction. (d)- Dangerous or unsafe conditions. ('e) To prevent damage to the park or its facilities. (f) Conservation of fish andg ame. 10 1.04 .. Litter, Garbage, Polluting Substances. It is unlawful for any person within the park to commit any of the following acts: (a) To throw or discharge into the waters of the lake or any stream, or place upon the shore area thereof, any litter gar- bage waste products, trash, motor oil, or other debris, or to discharge into the lake or any stream or along the shore area thereof, any contaminating or polluting substance of any kind whatsoever, or to use any motor or container which leaks oil or gas into the waters of the lake. (b) To dump or deposit any trash, refuse, garbage, litter or any kind of waste materials in any portion of the Atascadero Rec- reational Areas except in approved containers specifically placed and designated to receive such waste materials. 10 - 1.05. Boat Washing It is unlawful for any person to wash a boat or motor vehicle in the lake or park area. 2 • 10 - 1. 06. Windsurfers. A nonmotorized surfboard-like vessel over eight feet in length may be utilized on the lake under the following conditions: (a) Windsurfing may be conducted in only those areas designated for boats. Windsurfing is prohibited in designated swimming areas. (b) No person engaging in windsurfing or related activity may do so without wearing an approved personal flotation device. (c) When directed by park personnel, any person engaging in wind- surfing or related activity shall discontinue said activity and remove his person and equipment from the water. (d) Vessels defined within this category shall be exempted from the requirements of Section 9873 (e) of the California Vehicle Code. 10 - 1.07. Boat Operation in Prohibited Areas. It is unlawful for any person within the park to operate a boat within a prohibited area designated by official standard waterway markers on the Lake. Such prohibited area shall be designated by the Director of Public Works. 10 - 1.08. Motorboats. It is unlawful for any person within the park or lake area to operate any type of motorboat with the exception of model boats of 1 hp or less. Model boats must have approved mufflers which reduce the noise level of the boat. 10 - 1.09 . Boats on Shore--Designated Areas--Sleeping In. It is unlawful for any person withn the park to do any of the following acts: (a) To keep any boat on shore overnight except in an area desig- nated and posted for such purpose. (b) To sleep in any boat during the hours when the lake is closed to boating. (c) To moor any boat overnight in a location other than in an area designated and posted for mooring; any boat so moored shall be at owner ' s sole risk and the City Council assumes no liability or bailment obligation pertaining to damage, loss or theft of such boat. 10 - 1. 10. Unattended Boats. It is unlawful for any .person utilizing ',the area to leave any boat unattended for more than forty-eight hours except in the desig- 3 °1 nated storage areas. Park personnel are authorized to impound anyj boat involved in a violation of this section, and to charge a rea- sonable fee or fees for the release of said boat to the owner. Any such boat not claimed by the owner within thirty days after written notification of such impounding may be sold by the Director of Public Works at public auction shall first be deducted and retained, and the remainder, if any, shall be paid to the owner. 10 - 1.11. Boat Operation Time Restriction. It is unlawful for any person to operate or occupy any boat on the lake between the time of one-half hour after sunset and one-half hour before sunrise. 10 - 1.12. Boat Operation by Incapable Person. It is unlawful for the owner of any boat within the park or any person having such in his charge or control to authorize or knowingly permit the same to be operated by any person who is incapable of operating such watercraft under the prevailing circumstances for any reason, including, but not limited to, inexperience or physical or mental disability. 10 - 1.13. Closure of Lake Park personnel are authorized to close the lake or portion: thereof, to boating, for any of the following reasons: (a) Dangerous water or weather conditions. (b) Unsatisfactory parking or road conditions. (c) Construction or special event activities. 10 - 1.1.4. Motor Vehicle Speed Limits. It is unlawful for any person within the park to operate a motor vehicle at a speed in excess of fifteen (15) miles per hour, except as otherwise posted or as provided by law. 10 1.15. Reckless Use of Vehicle. It is unlawful for any person within the park to drive a vehicle in a careless or reckless fashion so as to endanger the vehicle, its occupants, or any person, equipment, facilities, or property. 10 - 1.16. Road Closure. Park personnel are authorized to close any park road or parking lot. Such authorization may be for the following reasons but are not strictly limited to: 4 } 0 9 . (a) Construction of facilities. (b) Dangerous road conditions. Such closure shall be posted or otherwise designated by park personnel and restricted to pedestrians only - no motor vehicles. 10 - 1.17 . Conservation. It is unlawful for any person within the park: (a) To receive, bring, or cause to be brought into the recreation area any fish, amphibian, or aquatic plant for any place for the purposes of propagation or use as fish bait without the approval of the Department of Fish and Game of the State of California and the Director of Public Works. (b) To cut, pick, mutilate or destroy any vegetation, except when authorized by the Director of Public Works. (c) To remove, disfigure or cut soil or rock, except when authorized by the Director of Public Works. 10 - 1.18 . Damaging Equipment of Others. _ It is unlawful for any person within the park to mutilate or destroy any equipment or facilities of others. 10 - 1.19. Burning Material. It is unlawful for any person within the park to throw, palce or otherwise dispose of any burning material except into authorized firepits or incinerators. 10 - 1.20. Fireworks and Explosives. It is unlawful for any person to receive, bring, or cause to be brought into the park, any fireworks or other explosives, or to fire any fireworks or other explosives within the park. For purposes of public display, a permit must be issued by the Fire Chief, and only after all state and local requirements have been met. 10 - 1.21. Fire Restrictions. It is unlawful for anyone within the park to build, ignite, or utilize fires except in portable stoves or barbecue pits, of a type approved by park personnel in picnicking areas. 10 - 1.22. Unattended Fires. It is unlawful for anyone within the park to leave any fixe • unattended or to fail to put out a fire prior to departure. 5 Vit. ! ! 10 - 1. 23. Combustible Material Disposal. It is unlawful for anyone within the park to dispose of combusitble materials other than in park trash cans. 10 1. 24. Mistreatment of Animals or Birds. It is unlawful for anyone within the park or zoo to molest, injure, or kill any animal or bird, or to allow any child or animal under his supervision to molest, injure or kill any animal or bird. 10 - 1.25.. Closed Areas. It is unlawful for any person to enter any area of the park which is posted against entry, fenced or. obviously hazardous. 10 - 1. 2.6. Commercial Activity. It is unlawful for any person or persons to engage in any commercial activity within the park, except as authorized by the City Council. Non-profit agencies may be allowed to conduct fund raising events upon approval by Public Works. Exemptions for business licenses may be granted to non-profit agencies. 10 - 1.27 . Skin Diving and Scuba Diving. It is unlawful within the park for any person to engage in skin diving or scuba diving. 10 - 1. 28. Swimming. It is unlawful for any person within the park to swim or float except at designated beach areas where the beach is protected by a floating barrier provided the swimmer or floater stays between the beach and the barrier. 10 - 1. 29. Sign_Posting-Temporary Structure Construction. It is unlawful for any person within the park to post or erect a sign, or to construct any temporary structure, except by permit approved by the Public Works Director . 10 - 1.30. Hours of Operation. The hours of operation for public park areas shall be from 6 a.m. until 10 p.m. on a daily basis, unless otherwise posted. Activities specifically scheduled by the City, such as organized recreational activities, are exempt from the closure time. 10 - 3. 31. Public Use Fees Public Use Fees for City recreational areas shall be those established by the City Council, as revised periodically by res olution of the City Council. Such public use fees are necessary to recover costs of services rendered, other than inspection, and 6 ,3 0 0 costs of control of sanitation and pollution. The fees are fixed by resolution to the Council. 10 - 1. 32. Animals and Pets It is unlawful for any person within the park to commit any of the following acts: A. To allow any animal or pet under his supervision to be in the park unless controlled by a leash not to exceed six (6) feet in length, or by a bridal; B. To allow any animal or pet under his supervision to molest, inconvenience or endanger any occupant of the park; C. To abandon any animal or. pet _ under his supervision within the park; D. To allow any animal or pet under his supervision to be outside of an enclosed vehicle at night; E. To leave any animal or pet under his supervision unattended at any time; F. To allow animal or pet under his supervision to be in any park buildings or structures except seeing eye and hearing dogs. G. To allow an animal or et under his supervision to use the Y P P park as a waste area. 10-1. 33. Overnight Camping It is unlawful to camp overnight in any City park or parking place. 10 - 1.34. Penalties Violations of the provisions of this chapter shall be prosecuted in accordance with the provisions of Chapter 3 of Title 1 of the Atascadero Municipal Code. Section 2. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, pub- lished, and circulated in this City in accordance with Government Code Section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. 7 Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day of ter its passage. On motion by Councilman , and seconded by Council Member the foregoing resolution is hereby adopted in its entirety on the following roll call votes ADOPTED: AYES; NOES: DATE: ATTEST: ROBERT M. JONES, City Clerk ROLFE NELSON, Mayor APPROVED AS TO FORMS ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager i 8 COU C IL MEETING: 5113/85 AG4A ITEM NO'. : D - 1 - B M E M O R A N D U M To: City Council Via: Mike Shelton, City Manager From: Bob Best, Recreation Directorf'� Subject: Proposed Resolution No. 31-85 Background Attached is proposed Resolution No. 31-85, establishing new user fees and amending certain sections of Resolution No. 20-80 as they relate to park and recreational areas in the City of Atascadero. A-D are currently addressed in Resolution No. 20-80; F is currently addressed in Resolution No. 55-84 . E, G and H will establish necessary fees to provide for utility costs, cleanup costs, and staff time. All fees are appropriate to cover the cost of pro- viding requested services. Recommendation to Council I recommend adoption of Resolution No. 31-85. This will Pro- vide the City with fees necessary to pay for requested facilities and services. Impact of Action The adoption of this resolution will allow for all park area user fees to be addressed under one resolution. The recommended fee structure is sufficient to cover existing costs for all services addressed in the resolution. It does not reflect any major changes in fees, as only G. represents a change, and this is a refundable deposit. Fee structures for baseball/softball fields are for adults, and youth programs would only be required to pay for lights. • RESOLUTION NO. 31-85 A RESOLUTION OF THE ATASCADERO CITY COUNCIL REVISING AND ESTABLISHING FEES FOR USAGE OF PARK AND RECREATION AREAS WHEREAS, the Government Code provides that fees may be collected for Park and Recreation activities; and WHEREAS, it is appropriate to establish user fees and deposits which cover the cost of providing the services requested. NOW, THEREFORE, the Council of the City of Atascadero does resolve to establish the following fee schedule for park and recreation areas and facilities: A. Gazebo/Bandstand at Lake - $10. 00 B. Pavilion at Lake - $200. 00 deposit, $50. 00 per day. C. Large barbecue area at Lake (Area 1 and 2) - $16. 00 D. Small barbecue at Lake (Area 3) - $8. 00 E. Baseball/Softball Fields at Lake Park and Paloma Creek Park - $5. 00 per hour with a two (2) hour maximum (no lights) . F. Baseball/Softball Field Lights at Lake Park and Paloma Creek Park - $7. 00 per hour and $5. 00 key deposit. G. Sunken Gardens - $50.00 refundable cleaning deposit. H. Large barbecue area at Paloma Creek Park - $16. 00. NOW THEREFORE, the Council of the City of Atascadero does further resolve that this Resolution shall take effect immediately. On motion by and seconded by the foregoing resolution is hereby adopted in its entirety by the following vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CALIFORNIA 0 Rolfe Nelson Mayor Resolution No. 31-85 . Page 2 ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: Michael Shelton, City Manager 0 COT IL MEETING: 5/13/85 AGA ITEM NO. : D - 2 _M_E_M_0-R^A N_D U M • DATE: April 22, 1985 TO: Mike Shelton, City Manager vt FROM: Mike Hicks, Fire Chief SUBJECT: San Luis Obispo County-wide Mutual Aid Agreement If possible I would like to place this item on the Council agenda for the 5-13-85 meeting. This agreement would replace previous agreements for mutual aid with Atascadero State Hospital, Paso Robles City, Templeton Fire District, CDF/County Fire and Santa Margarita Fire District. It would expand the agreement to involve the. entire county. The agreement came about as the result of the past two fire seasons, primarily in the City of Atascadero, which was receiving aid almost daily from all over the County and State. During that time it became apparent the old system was too cumbersome and extremely slow getting started. The San Luis Obispo County Fire Chief's Association recognized the need to develop a new plan which would fully utilize the emergency resources of all jurisdictions in a cost effective manner. The revised plan updates and broadens the existing County Mutual Aid Plan which • was adopted in 1978. The drafting committee for the plan was Chief Dolder of San Luis Obispo City Fire, Chief Frank of C.D.F. , and myself. It is the result of 18 months effort and I feel it is a very good plan. I recommend the City Council adopt this plan as presented. MIKE HICKS MH:pg cc: Captain McCain Captain Elliott Captain Snow Captain Motlo Allen Grimes, City Attorney • 9 RESOLUTION NO. 34-85 ( 1985 Series ) • A RESOLUTION OF THE CITY OF ATASCADERO APPROVING AN AGRLLMLNF BLFWLEN THE CITY AND COUNTY-WIDE FIRE PROTECTION AGENCIES UR MUTUAL AID IN FIRE , RESCUE , HAZARDOUS MATERIALS AND OTHER SIMILAR OCCURENCES BE IT RESOLVED by the Atascadero City Council as follows : SECTION 1 . That certain agreement , attached hereto marked Exhibit "A" and incorporated herein by reference , between the City of Atascadero and various political subdivisions ; municipal corporations and other public agencies of the State of California , located in or around San Luis Obispo County for mutual aid in emergencies which may include fire , rescue, hazardous materials, flood, earthquakes and other similar occurrences is hereby approved and the Mayor is authorized- to excecute the same . _ SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approvedby it to: City Clerk of San Luis Obispo , County Clerk of San Luis Obispo, and other agencies as appropriate . On motion of seconded by and on the following roll call vote: AYES: NOES: ABET-UT : the foregoing Resolution was passed and adopted this day of 1985. v7- ( 26 ) ROLFE NELSON, Mayor 1 t ATTEST: ROBERT M. JONES, City Attorney APPROVED AS TO FORM ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager it 2 Exhi bi't "A"' SAN LUIS OBISPO COUNTY-WIDE FIRE SERVICES MUTUAL AID AGREEMENT This Agreement made and entered into and between various political subdivisions, municipal corporations and other public agencies of the State of California , located in or around San Luis Obispo County. WITNESSETH : WHEREAS , the location and size of San Luis Obispo County dictates _ that local resources must be used effectively since these resources are limited and additional assistance could be several hours away ; and WHEREAS , it is the desire of the parties hereto to render aid for emergencies which may i-nclude fire , rescue, hazardous materials ; flood, earthquakes and other similar occurrences or situations ; and WHEREAS , the parties hereto desire to effect the purpose of this agreement as authorized by state law and/or their individual charters . NOW, THEREFORE , the parties hereto mutually. agree as follows : 1 . - To furnish fire protection personnel, equipment, materials and supplies , and to render such fire services to each other as may be necessary to aid in emergencies including fire (prevention and suppression ) , rescue (medical response , basic life support, advanced life support, transportation ) ; hazardous materials incidents , flood , earthquake and other emergencies v3- ( 13 ) 3/6/85 r which have developed or appear likely to develop and which are emergencies beyond the control of a singleparty and require adjacent mutual aid and/or combined forces of the parties hereto . 2. Such mutual aid shall be provided in or around the County of San Luis Obispo as predetermined and set forth in Attachment "A", provided, however, that none of the parties hereto shall be required to respond to a- request for mutual aid if such response would deplete its own fire protection resources, personnel , service and facilities to the detriment of its normal fire protection responsibilities 3. No response to a mutual aid request provided for in this Agreement will be made by the parties hereto unless such request is received through the established communications channels common to each party and made by a responsible fire official of the party requesting aid. 4. That any mutual aid provided under this Agreement is made with the express understanding that - the local fire official ( in whose jurisdiction an incident requiring mutual aid has occurred) shall remain i'n charge at such incident including the direction of personnel and equipment provided him through the operation of this mutual aid agreement. 5. Except , as may be provided by separate agreement between the parties hereto , the assurance of mutual aid set forth herein shall constitute the sole consideration for the performance hereof. It is mutually understood and agreed that in accordance v3- ( 13 ) 3/6/8.5 ' a c with the provisions of Section 850. 6 of the Government Code , the pasty requesting assistance is not required to indemnify the party furnishing assistance as to any liability for damage imposed by law upon the assisting party by reason of an act or omission of its employee occurring in the performance of the service. The requesting party shall be responsible only for the acts of the employees of the responding party performed at the scene of the emergency and performed at the specific direction of an employee of the requesting party. Neither party shall be obligated to reimburse the other for any use of material , damage to equipment or liability incurred which may occur in the course of rendering the assistance herein provided for. 6. This agreement shall affect only those parties who are signators to the agreement and said agreement shall not be construed as , or deemed to be an agreement for the benefit of any third party or parties , and no third party or parties shall have a right of action hereunder for any cause whatsoever. 7. This agreement shall 'remain in full force -unless terminated by either of the parties hereto giving to the other thirty (30) days written notice of such termination . Termination of one or more of the participating parties shall not affect the operation of this agreement with the remaining parties . 8. This agreement , when approved by all listed jurisdictions supersedes and replaces all prior county-wide mrstual aid agreements for exchange of fire protection and rescue services between agencies . v3- ( 13) 3/6/85 r IN WITNESS WHEREOF , the parties have caused this agreement to be executed as of the day and year first hereunder written . 1 . Atascadero State Hospital by: Date : 2. City of Arroyo Grande by: Date : 3. City of Atascadero by: Date : 4. Avila Beach Community Water District by: Date : 5. Calif. Department of Forestry by: Daae: 6. California Men ' s Colony by: Date : 7. California Polytechnic State University by: Date : 8. Cambria Community Services District by: Date : 9. Cayucos Fire Protection District by : Date: 10. City of Grover City by: Date : 11 . City of Morro Bay by: Date : 12 . Oceano Community Services District by : Date : v3- ( 13 ) -- 4 i i 13. City of Paso Robles by : Date : 14. City of Pismo Beach by : Date : 15 . County of San Luis Obispo by: Date: 16 . City of San Luis Obispo by: Date : 17 . San Miguel Fire Protection District by : Date . 18. Santa Margarita Volunteer Fire Department by : Date: 19. South Bay Fire Protection District by : Date : 20. Templeton Community Services District by: Date : 21 . Santa Barbara County Fire Department by: Date: 22 . City of Santa Maria by : Date : 23 . Camp Roberts Fire Department by : Date: v3- ( 13 ) 3/6/85 with the provisions of Section 850. 6 of the Government Code , the party requesting assistance is not required to indemnify the party furnishing assistance as to any liability for damage imposed by law upon the assisting party by reason of an act or omission of its employee occurring in the performance of the service. The requesting party shall be responsible only for the acts of the employees of the respondi-ng party performed at the scene of the emergency and performed at the specific direction of an employee of the requesting party . Neither party shall be obligated to reimburse the other for any use- of material , damage to equipment or liability incurred which may occur in the course of rendering the assistance here-in provided for. 6. This agreement shall affect only those parties who are signators to the agreement and. said agreement shall not be construed as , or deemed to be an agreement for the benefit of any third party or parties , and no third party or parties shall have _a right of action hereunder for any cause whatsoever. 7. This agreement shall remain in full force unless terminated by either of the parties hereto giving to the other thirty (30) days written notice of such termination . Termination of one or more of the participating parties shall not affect the operation of this agreement with the remaining parties . 8. This agreement, when approved by all listed Jurisdictions supersedes and replaces all prior county-wide mutual aid agreements for exchange of fire protection and rescue services between agencies . v3- ( 13 ) 3/6/85 C which have developed or appear likely to develop and which are emergencies beyond the control of a single party and require adjacent mutual aid and/or combined forces of the parties hereto . 2. Such mutual aid shall be provided in or around the County of San Luis Obispo as predetermined and set forth in Attachment "A" , provided, however , that none of the parties hereto shall be required to respond to a request for mutual aid if such response would deplete its own fire protection resources, personnel , service and facilities to the detriment of its normal fire protection responsibilities . 3. No response to a mutual aid request provided for in this Agreement will be made by the parties hereto unless such request is received through the established communications channels common to each party and made by a responsible fire official of the party requesting aid. 4. That any mutual aid provided under this Agreement is made with the express understanding that the local fire official ( in whose jurisdiction an incident requiring mutual aid has occurred) shall remain in charge at such incident including the direction of personnel and equipment provided him through the operation of this mutual aid agreement. 5. Except , as may be provided by separate agreement between the parties hereto , the assurance of mutual aid set forth herein shall constitute the sole consideration for the performance hereof. It is mutually understood and agreed that in accordance • v3- ( 13 ) 3/6/85 13. City of Paso Robles by : Date : 14. City of _Pismo Beach by ; Date : 15. County of San Luis Obispo by: Date: 16. City of San Luis Obispo by : Date : 17 . San Miguel Fire Protection District by : Date : 18 . Santa. Margarita Volunteer Fire Department by: Date : 19 . South Bay Fire Protection District by ; Date : 20. Templeton Community Services District by ; Date : 21 . Santa Barbara County Fire Department by: Date : 22 . City of Santa Maria by ; Date : 23 . Camp Roberts Fire Department by : Date: v3- ( 13 ) 3/6/85 n. IN WITNESS WHEREOF , the parties have caused this agreement to be executed as of the day and year first hereunder written . I . Atascadero State Hospital - tal by: Date : 2. City of Arroyo Grande by : Date : 3. City of Atascadero by : Date : 4. Avila Beach Community Water District by : Date : 5. Calif. Department of Forestry by : Date: 6. California Men ' s Colony by: Date : 7. California Polytechnic State University by : Date: 8. Cambria Community Services District by : Date : 9. Cayucos Fire Protection District by: Date : 10. City of Grover City by : Date : 11 . City of Morro Bay by : Date : 12. Oceano Community Services District by : Date : v3- ( 13 ) 5 COUNCIL MEETING : 5/13/85 AC*A ITEM NO, : L 3 - A • M E M O R A N D U M TO: Mike Shelton FROM: Don Leib SUBJECT: Approval of Solid Waste Collection Contract DATE: May 8, 1985 BACKGROUND The current Solid Waste Collection Contract with Wil-Mar Disposal expires on December 31, 1985. On August 20, 1984, Wright, Peterson and Sanders, attorneys for Wil-Mar Disposal, submitted a proposed Solid Waste Contract with a term of ten (10) years. Since that time the proposed contract has been reviewed by staff and meetings have been held with Wil-Mar Disposal and their attorneys. The attached Solid Waste Collection Contract is the result of those discussions and, although basically the same as our present contract, there are some changes. These changes are as follows: 1) Term: remains at 5 years with the stipulation that after two years the Contractor may request an additional two years which may be • granted at the discretion of the City. 2) Performance: residential collection hours have been shortened from 6:00 a.m. to 7:00 p.m. to 6:30 a.m. to 7:00 p.m. 3) Surety Bond: - requirement has been changed from $251000 to $50,000. 4) Payment to City: provisions have been made for the City to receive 12% interest from the Contractor in the event that the monthly payment of 5% is not recieved by the 15th of the month. 5) _Effect of Litigation: this clause declares that if this agreement is declared void in court by reason of Antitrust laws that the City has the right to contract for solid waste collection from other sources. 6) Service rates are not included in this Agreement and any changes will be made by Resolution at a future date. RECOMMENDATION It is recommended that Council approve the attached Resolution of the City of Atascadero Authorizing Execution of an Agreement with Wil-Mar Disposal Company, Inc. , for Garbage Collection and Disposal. The effective date of this contract would be January 1, 1986 to December 31, 1991. i a ON LEIS DL:vh ADMINISTRATION BUILDING CITY ATTORNEY POST OFFICE BOX 747 POST OFFICE BOX 749 ATASCADERO,CALIFORNIA 93423 ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466-8000 PHONE: (805) 466-5678 CITY COUNCIL CITY CLERK a POLICE DEPARTMENT CITY TREASURER POST OFFICE BOX 747 CITY MANAGER INCORPORATED JULY 2, 7979 ATASCADERO, CALIFORNIA 93423 FINANCE DEPARTMENT PHONE: (805) 466-8600 PERSONNEL DEPARTMENT PLANNING DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT RECREATION DEPARTMENT 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 --�-� PHONE: (805) 466-2141 MEMORANDUM May 8, 1985 To: Michael Shelton, City Manager tvja From: Allen Grimes, City Attorney Subject: Solid Waste Collection Contract with Wil-Mar Disposal Company, Inc. Attached is a transmittal letter from attorney Betty Sanders and the modified solid waste collection contract with Wil-Mar Disposal as we discussed. I have modified the agreement to make it clear that it be- comes operative on January 1, 1986, following the expiration of the current contract which expires on December 31, 1985. Such being the case, it is not necessary that the matter of rates on the resolution be considered at this time. It will be necessary to consider this subject prior to the expiration of the current contract. As far as I'm concerned, the matter is ready to go on the next agenda. AG:f r Attachments cc: Public Works Department (w/attachments) Attorney Betty Sanders (w/o attachments) WRIGHT & SANDERS A LAW CORPORATION BETTY R, SANDERS 5950 ENTRAOA AVENUE WILLIAM D. WR1� DAVID R, HUNT OF COUNSEL POST OFFICE BOX 6001 ROBERT DIMITRIJ EVICH. - ATASCADERO, CALIFORNIA 9:.342:3 TELEPHONE (.80S) 466-9026 R E. May 7, 1985 MAY 81935 ALLEN GRIMES Allen Grimes City Attorney City of Atascadero Post Office Box 749 Atascadero, California 93423 RE: Solid Waste Collection Contract with Wil-Mar Disposal Company, Inc. Dear Mr. Grimes: As you requested, please find the "2-year" language added to 52. No other changes have been made. I note that a draft Resolution establishing rates was at- tached. In that those rates are presently in effect I wonder if the resolution need be adopted. If the new agreement will take effect soon, as would be the best course then the resolution would certainly be needed. Please advise if the latter is the expected procedure. Very truly r'yours, L L Ct 61kI BETTY R. SANDERS BRS/lb Encl. SOLID WASTE COLLECTION CONTRACT THIS AGREEMENT, made and entered into this day of , 1985 , by and between the CITY OF ATASCADERO, a political subdivision of the State of California, hereinafter called "City" , and WIL-MAR DISPOSAL COMPANY, INC. , a California corporation, hereinafter called "Contractor" . Witnesseth For and in consideration of the payments to be made by Contractor to City, and in further consideration of the full and faithful performance by Contractor of all terms , covenants , and conditions of this Agreement, as well as complete compliance with the laws of the State of California and all pertinent present and future ordinances and resolutions of the City; It is mutually agreed as follows: 1 . Scope of Work. Contractor shall provide all labor , materials, tools , and equipment necessary to perform all work required to collect and haul all solid waste from locations within City in accordance with this Agreement . 5/8/85 - 1 - s ; , 2 . Term. The term of this Agreement shall January 1, 1986. extend for five t 5) years f rm / W 44tH bV/tMAI/A*hkhWh+J. However , Contractor may appear before the City Council of the City at any time after each two (2 ) years of service under this agreement and request an additional two ( 2 ) year contractual period, . The granting of an additional two (2 ) year contractual period shall be discretionary with the City. The length of contract shall not exceed five (5 ) years at any time of contractual period . 3 . Performance. Contractor shall provide a minimum of weekly regular collection for its customers with collection hours limited to 6 : 30 A.M. to 7: 00 P.M. in residential areas and 6 : 00 A.M. to 9: 00 P.M. in commercial areas . Contractor shall insure that cans or bins are returned to the same location from which removed to dump contents into the collection truck. 4 . Cleanup Efforts. Contractor agrees to participate in official City cleanup efforts and may be required to provide trash bins or trucks at convenient locations for use by the public at no charge to City. This requirement may not be imposed for any longer than one week, once during the calendar year . 5 . Free Services to City Facilities . Contractor agrees to provide solid waste disposal to City facilities , as well as to service public trash receptacles in the business district , at no charge . Such City facilities shall include, but not be Limited to , the 5/8/85 _ 2 _ Administration Building, the Fire Department, the • Corporation Yard on Traffic Way, the Sanitation Division, the City Park and Zoo, Alvord Field, Henderson Field, South Atascadero Park, and any other additional City facilities . This condition does not apply to construction debris or any other solid waste generated off the public facilities premises . Trash receptacles used for City facilities and those lcoated on sidewalks within the business district shall be serviced once per week or sooner if required . 6 . Rates for Service . Contractor agrees to perform such collection services at the rates established by resolution of the Council . 7 . Maintenance of Equipment. A. Trucks . All trucks shall be kept in good condition regularly by steam cleaning, and oil leaks shall be eliminated . All trucks shall pass a California Highway Patrol (C.H.P. ) safety inspection annually. B. Commercial Bins . Commercial bins shall have lids , be watertight, cleaned and painted regularly, a minimum of once per year . 8 . Indemnification, Bond, and Insurance Requirements . A. Indemnification. Contractor agrees to indemnify, defend, and save harmless , City and its officers , agents , and employees from and against any and all liability, claims , demands , costs , expenses , damages , judgments , and causes of action in any way arising out of Gj 8/85 - 3 - this Agreement, or out of the performance or attempted performance of the provisions hereof , including but not limited to any act or omission to act by Contractor or its agents , employees, or independent contractors directly responsible to Contractor . B. Bond Requirements . Contractor agrees to furnish a cash or surety bond to City in the sum of Fifty Thousand Dollars ($50 ,000 .00) , conditioned upon the faithful performance of this Agreement and the provisions of the City Municipal Code. In lieu of the above, City may , at its discretion , accept some other type of financial arrangement guaranteeing City payment in case of nonperformance under the terms of this Agreement . C. Workers Compensation Insurance. Contractor agrees to procure, carry, and keep in full force and effect during the life of this Agreement , full compensation insurance with an insurance carrier as defined by and in accordance with the provisions of the Labor Code of the State of California . Contractor shall furnish a copy of the certificate of insurance to City . D. Public Liability Insurance. Contractor agrees to procure , carry, and keep in full force and effect during the life of this Agreement, public liability insurance with a carrier agreeable to City to the extent of Five Hundred Thousand Dollars ($500 ,000 .00 ) for the death or injury to one person, and One Million Dollars ($1 ,000 ,000 .00 ) for the death or injury to more than 5/8/85 4 - • 0 one person , and property damage insurance to the extent of One Hundred Thousand Dollars ($100,000 .00 ) upon each of the trucks or vehicles used by Contractor in carrying out the work called for in this Agreement, said insurance to cover both Contractor and City, with City, its officials , and its employees named as additional insureds . Contractor agrees to provide City with a copy of the insurance contract, with a rider attached thereto providing that the insurance contract shall not be cancelled for nonpayment of premium or otherwise, without thirty ( 30 ) days prior written notice to City , sent by certified mail , directed to the attention of the City Manager . 9 . Payment to City. Contractor hereby promises and agrees to pay to City for the rights and privileges herein granted, five percent ( 5%) of the gross cash receipts of the garbage , refuse and rubbish collection business conducted by Contractor within City, said amounts to be payable monthly on or before the fifteenth (15th) day of the ensuing month , and said payment shall cover the gross cash receipts for the month preceding the payment date . The revenue received under this provision shall be placed in City ' s General Fund . Payment not made by the fifteenth ( 15th) day of the month shall bear interest at the rate of twelve percent (12%) . 10 . Accounting- Records. Within Contractor' s • accounting records , all items of revenue and expense for 5/8/85 . - 5 - operations pertaining to the services provided by this Agreement shall be complete and clearly defined. The accounting and statistical. records of such revenue and 3 expense items shall be adequately segregated to meet the needs of analysis for rate making . Contractor ' s records shall be available for audit at any time during usual business hours . This provision shall be accomplished within one ( 1) year of the execution of this Agreement . 11 . Identification of Equipment. Contractor shall clearly identify all refuse trucks and commercial bins with the firm name and telephone number . Contractor shall require its crewmen to wear clean uniforms with a conspicuous firm name and employes identifier on the uniform. 12 . Identification of Violations. Contractor shall attach a tag designating a reason for noncollection to any can or container not being collected because of being overweight or for other violations . 13 . Maintenance of Office. Contractor shall maintain an office within City where bills may be paid, services applied for , and complaints made, which office shall be equipped with a telephone and shall have a responsible person in charge during usual business hours . 14 . Complaints. A copy of all written complaints and statements of all verbal complaints received by Contractor or its employees shall be maintained by Contractor with a duplicate copy forwarded to City, 5/8/85 6 _ attention of the City Manager, at least once per month , no • later than the fifth ( 5th) calendar day following the month in which the complaint was received . Said records shall be maintained for the term of this Agreement . 15 . Rules and Regulations. Contractor shall , at its expense , mail annually to each subscriber a statement of rules , container limitations , fees , telephone numbers , and other pertinent information. 16 . Failure to Perform. Upon the failure or omission of Contractor to keep, fulfill , or perform any of the terms , provisions , or conditions of this Agreement, or of the City Municipal Code, and the failure of Contractor to remedy or correct any such failure or omission within twenty ( 20 ) days after notice in writing of such failure or omission, this Agreement shall , at the option of City officials by resolution of the City Council , be terminated and ended , and Contractor shall thereafter have no further rights, powers, or privileges as granted by City under or arising through this Agreement 17 . Assignment Prohibited. This Agreement shall not be assigned or sublet without the approval of the City Council . 18 . Effect of Litigation. In the event that a court of competent jurisdiction declares that this Agreement is void by reason of the application of the Federal Antitrust Law or the California Antitrust Law, then this Agreement shall be of no further force and effect, and City 5/8/85 7 - shall have the right to contract for solid waste collection ' services from other sources . 19 Notices . All notices to be given to Contractor may be given in writing personally or by depositing in the U. S. Mail, postage prepaid , addressed as follows: Wil-Mar Disposal Company, Inc . P. 0. Box 1199 Atascadero, CA 93423 .All notices to be given to City may be given in writing personally or by depositing in the U. S. Mail , postage prepaid, addressed as follows: City Manager City of Atascadero P. O. Box 747 Atascadero , CA 93423 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above set forth . This Agreement shall become operative after January 1, 1986: CITY OF ATASCADERO WIL-MAR DISPOSAL COMPANY, INC. ROLFE NELSON, Mayor WILLIAM GIBBS, President APPROVED AS TO CONTENT; MINNIE GARIBALDI, Secretary Treasurer . ATTEST: MICHAEL SHELTON, City Manager ROBERT JONES, City Clerk 5/8/85 8 APPROVED AS TO FORM: ALLEN GRIMES, City Attorney. • 5/8/85 9 - COUNCIL MEETING: 5/13/85 AG&A ITEM NO: D 3 B • RESOLUTION NO. 36-85 A RESOLUTION OF THE CITY OF ATASCADERO AUTHORIZING EXECUTION OF AGREEMENT WITH WIL-MAR DISPOSAL COMPANY, INC. FOR GARBAGE COLLECTION AND DISPOSAL The following resolution is hereby offered and read: WHEREAS, Chapter, 6-4.13 of the City Code requires any, person or firm operating a solid waste collection service within the City to execute a Franchise Agreement with the City; and WHEREAS, Said Chapter 6-4. 13 of the City Code requires certain operating conditions and collection rates to be established by resolution; and WHEREAS, Wil-Mar Disposal Company, Inc. has held a franchise in the Atascadero area, as granted by the County Board of Supervisors by Resolution 75-527 , dated August 25, 1975; and WHEREAS, Wil Mar Disposal Company, Inc. has a franchise in the City, granted by the Atascadero City Council by Resolution 46-82, dated September 27 , 1982 ,, whereas, said franchise agreement with the City is due to expire December 30 , 1985. WHEREAS, it is in the public interest that an agreement be executed to assure continued solid waste collection service with the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero as follows: 1. The Mayor and City Manager are hereby authorized and directed to execute on behalf of the City the document entitled "Solid Waste Collection Agreement" , attached hereto. 2. The City Manager be and is hereby authroized to administer said agreement on behalf of the City. On motion by , and seconded by , the foregoing resolution is hereby adopted n its entirety on the following vote: • AYES: • NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON, City Manager • COUNCIL MEETING: 5/13/85 A*A ITEM NO. n - 5 • M E M O R A N D U M TO: Mike Shelton FROM: John Wallace SUBJECT: Federal Aid Urban Funding Procedures` DATE: May 3, 1985 OBJECT To adopt the cooperative process establishing a four year program of Federal Aid for Urban Systems. RECOMMENDATIONS Recommend approval of participation in the cooperative process in accordance with the attached resolution. ALTERNATIVES If the City of Atascadero decides not to participate we will not, of course be eligible to receive future FAU funding (Federal Aid to Urban Road Systems) for local projects. FISCAL IMPACT No impact in near future due to the recent completion of the El Camino Real project this fiscal year. Later projects of this type would have to be funded entirely with City monies. JOHN WALLACE JW/ • RESOLUTION NO. 32-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING COOPERATIVE PROCESS FOR DETERMINING PROJECT PRIORITIES FOR FEDERAL AID URBAN FUNDING WHEREAS, the Congress of the United States has, in the Surface Transportation Assistance Act of 1982, declared it to be in the national interest for Federal funds to be expended for highway projects on the Federal Aid Urban System or to be "traded" for General Funds for capital improvements for rail or bus mass transit systems in urbanized areas; and WHEREAS, before Federal Aid will be made available for Urban System projects within these Urban Areas, a cooperative process for determining project priorities must be submitted to the State Department of Transportation for approval; and WHEREAS, the Federal Act requires that the cooperative process involve Cities, the County, the State, and any Transit Agency existing in any designated Urban Area; and WHEREAS, the Federal Aid Urban Project Review and Selection Committee .developed a cooperative process for determining projects; and WHEREAS, the proposed cooperative process is in keeping with State and Federal guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Atascadero adopts the following cooperative process for establishing a four year program of Federal Aid for Urban Systems. 1. The Federal Aid Urban Project Review and Selection Committee shall consist of one representative each of: City of El Paso de Robles - Municipal Services Department City of Morro Bay - Public Works Department City of San Luis Obispo - Community Development Department City of Arroyo Grande - Public Works Department City of Grover City - Public Works Department County of San Luis Obispo - Engineering Department City of Atascadero - Public Works Department City of Pismo Beach - Public Works Department State of California - Caltrans 2. Submission of requests for funds for a project on the Urban System will be made to the Federal Aid Urban Project Review and Selection Committee. The requests may be submitted by any of the participating agencies. 3. The Committee will prepare a four year program identifying State, Regional and Local Transportation Projects based on the following criteria where applicable: a. Compatibility with adopted Circulation Elements of Local General Plans or Comprehensive Transportation Plans. i� l Resolution No. page two b. Volume capacity ratio i c. Accident history d. Traffic relief to other streets and roads e. Funding capabilities (are agency matching funds available?) f. State of readiness (status of Plans and Specifications, availability of Right of Way, Environmental Review) g. Community desire and other political factors h. Consideration of the needs for projects on the State Highway System. i. Consideration of Regional and Local Transit Needs 4. The Committee shall submit the recommended four year program to each of the participating agencies for formal review and comments. 5. Upon program approval by each participating agency, San Luis Obispo County Engineering Department will submit the four year program to the State Department for approval. On motion by Councilman and seconded by Councilman , the foregoing resolution is adopted in its entirety by the following roll call vote: AYES NOES: ABSENT: DATE: ATTEST: Robert M. Jones, City Clerk ROLFE NELSON, Mayor APPROVED AS TO FO ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: J7 WALLACE, Consulting City Engineer V1,- COUNCIL MEETING : 5/30/85 A*A ITEM NO,-: D - 6 • RESOLUTION 33-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO SUPPORTING ASSEMBLY BILL 2483 WHICH ESTABLISHES THE CALIFORNIA MAINSTREET PROGRAM WHEREAS, the State of California has approximately 350 cities under 50,000 population contained within it; and WHEREAS, the City of Atascadero and many small cities throughout the State are experiencing economic and physical distress within their downtown areas; and WHEREAS, the National Mainstreet Center has established a systematic approach to downtown revitalization of small cities; and • WHEREAS, 14 states, including Oregon and Washington, have established State Mainstreet Center programs; and WHEREAS, the Mainstreet Approach to downtown revitalization provides for private and public sector partnerships to address promotion, economic restructuring, design, and organization; and WHEREAS, the establishment of a California Mainstreet Center Program would provide an additional tool for economic development and revitalization of small communities within the State NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Supports Assembly Bill 2483; and 2. Advocates the League of California Cities lend its support to passage of A.B. 2483; and 3. Encourages other cities within the State of California On motion by and seconded by , the foregoing -resolution is hereby adopted in its entirety by the following vote: AYES: • NOES: ABSENT: DATE ADOPTED: CITY OF ATASCADERO, CALIFORNIA BY ROLFE NELSON, Mayor ATTEST: ROBERT M. JONES, City Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MICHAEL SHELTON,City Manager �j City of Vista R CEIVJE0 APR 81 :}5 CITY MGR. April 2, ,1985 SUBJECT: SUPPORT AB 2483 ESTABLISHING THE CALIFORNIA- MAIN STREET CENTER PROGRAM FOR CITIES UNDER 50 ,000 POPULATION Dear Mayor and City Manager: The Main Street Program is a systematic approach to help communities help themselves. Small cities often lack the technical resources necessary to implement an economic revitalization effort. The Main Street Pro- gram has proven to be successful in fifteen states Please join the grass roots effort to establish a Califor- nia Main Street Program. Please encourage the California delegation from your district to support AB 2483 . Please also send a copy of your support action to key legislative committee members and the League of California Cities. Support by your local chamber of commerce and downtown merchants association would also be helpful. Enclosed you' ll find a copy of the Resolution adopted by the Vista City Council at its meeting of March 26, 1985. Please send us a copy of your action regarding this impor- tant issue. Thank you for your support and consideration. Very truly yours, 1",J, - "11", 0 R. Michael Flick Chuck Hale, Assistant City Mayor Manager/Community Development 600 EUCALYPTUS AVENUE 0 P.O.BOX 1988 • VISTA,CALIFORNIA 92083 • 619/726-1340